Case: Ramirez v. Webb

4:81-cv-00344 | U.S. District Court for the Western District of Michigan

Filed Date: Sept. 4, 1981

Closed Date: 1989

Clearinghouse coding complete

Case Summary

On September 4, 1981, a group of over 30 Hispanic-appearing citizens filed a class action suit in the United States District Court for the Western District of Michigan, alleging that officials of Immigration and Naturalization Service and United States Border Patrol engaged in unconstitutional searches, seizures, raids, stops, and interrogations in western Michigan. Plaintiffs alleged violations of the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution and sought injunc…

On September 4, 1981, a group of over 30 Hispanic-appearing citizens filed a class action suit in the United States District Court for the Western District of Michigan, alleging that officials of Immigration and Naturalization Service and United States Border Patrol engaged in unconstitutional searches, seizures, raids, stops, and interrogations in western Michigan. Plaintiffs alleged violations of the Fourth, Fifth, and Fourteenth Amendments of the United States Constitution and sought injunctive and declaratory relief on behalf of the proposed class, as well as damages for individual plaintiffs. Attorneys with the Michigan Migrant Legal Assistance Project, Inc. and private firms represented the plaintiffs.

In August 1984, the District Court (Senior Judge Richard Alan Enslen) certified the case as a class action, with the class defined as "all persons of Mexican or Hispanic origin or appearance who have been, are, or will be living, working, traveling or visiting within the Western Federal Judicial District of Michigan." Ramirez v. Webb, 102 F.R.D. 968 (W.D.Mich. 1984).

Following class certification, the Court held a preliminary injunction hearing. The Court determined that plaintiffs were entitled to preliminary injunctive relief on restraining federal immigration officials from conducting illegal stops of automobiles containing Hispanic-appearing individuals but were not entitled to injunctive relief on its claims involving pedestrian stops and workplace raids. Judge Enslen found that Mexican appearance alone, coupled with subjective impressions of the officers, was an insufficient basis for stopping a vehicle. Ramirez v. Webb, 599 F.Supp. 1278 (W.D.Mich. 1984). The government appealed and the Sixth Circuit affirmed. Ramirez v. Webb, 787 F.2d 592 (6th Cir. 1986) (Table op.).

After the preliminary injunction was issued, several defendants moved for partial summary judgment, arguing that they were entitled to the defense of qualified immunity. Plaintiffs filed a cross-motion for partial summary judgment on the basis that the warrants used by the defendants in two of the incidents complained of were invalid. On June 24, 1985, the Court denied the defendants' motions and granted plaintiffs' motion. Defendants appealed. In a subsequent order, the Court dismissed certain claims based on the applicable Michigan statute of limitations. Plaintiffs filed a cross-appeal. Both parties then moved to dismiss each other's appeals. Plaintiffs' motion to dismiss the appeal was denied, defendants' motion to dismiss plaintiffs' cross-appeal was granted. Ramirez v. Webb, 803 F.2d 721 (6th Cir. 1986). In deciding the merits of the appeal, the Sixth Circuit reversed and remanded the case for further proceedings. Ramirez v. Webb, 835 F.2d 1153 (6th Cir. 1987).

On July 24, 25 and 26, 1989, the Court held a bench trial on the Bivens claims of three individual plaintiffs. After the hearing, the Court found that the defendant Border Patrol agent violated plaintiffs' Fourth Amendment right to be free from unreasonable seizures of their persons when he detained and questioned them without reasonable suspicion that they were undocumented aliens. The Court awarded plaintiffs compensatory damages in amounts of $500.00; $1,000.00; and $1,500.00. It did not assess punitive damages. Ramirez v. Webb, 719 F.Supp. 610 (W.D.Mich. 1989).

The PACER docket indicates that on November 17, 1989, a stipulation for compromise settlement between certain Plaintiffs and certain Defendants was filed. The settlement terms were not disclosed. On December 21, 1989, Judge Enslen issued an order denying plaintiffs' request for a judgment of liability and entry of a declaratory judgment. The case was dismissed. The details of that order were not available.

We have no further information on the case.

Summary Authors

Dan Dalton (12/21/2007)

People


Judge(s)

Boggs, Danny Julian (Kentucky)

Brown, Bailey (Ohio)

Enslen, Richard Alan (Michigan)

Guy, Ralph B. Jr. (Michigan)

Keith, Damon Jerome (Michigan)

Kennedy, Cornelia Groefsema (Michigan)

Krupansky, Robert B. (Ohio)

Milburn, Herbert Theodore (Tennessee)

Taylor, Anna Katherine Johnston Diggs (Michigan)

Attorneys(s) for Plaintiff

Beckman, Vincent H. (Michigan)

Judge(s)

Boggs, Danny Julian (Kentucky)

Brown, Bailey (Ohio)

Enslen, Richard Alan (Michigan)

Guy, Ralph B. Jr. (Michigan)

Keith, Damon Jerome (Michigan)

Kennedy, Cornelia Groefsema (Michigan)

Krupansky, Robert B. (Ohio)

Milburn, Herbert Theodore (Tennessee)

Taylor, Anna Katherine Johnston Diggs (Michigan)

Attorneys(s) for Plaintiff

Beckman, Vincent H. (Michigan)

Gershon, Gary N (Michigan)

Kirschenheiter, Ronald G (Michigan)

Morgan, Janice R (Michigan)

Poplawski, Christine (District of Columbia)

Preston, Edward F (Georgia)

Riley, Philip R (Michigan)

Stensaas, Scott (Michigan)

Attorneys(s) for Defendant

Dettmer, Michael Hayes (Michigan)

Deutsch, Morris H (District of Columbia)

Hacker, Elizabeth (Michigan)

Hausman, Allen W. (District of Columbia)

Isgro, Francesco (District of Columbia)

Kempker-Cloyd, Agnes (Michigan)

Reed, Mary (District of Columbia)

Smietanka, John A. (Michigan)

Tuuk, Anne VanderMale (Michigan)

Walters, Mark C. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 31, 1994 Docket

Opinion

102 F.R.D. 968

Aug. 14, 1984 Order/Opinion

Opinion

599 F.Supp. 1278

Dec. 10, 1984 Order/Opinion

[Opinion Affirming]

U. S. Court of Appeals for the Sixth Circuit

787 F.2d 592, 1986 WL 16752

March 3, 1986 Order/Opinion

[Order Re: Motion to Dismiss] Denied in Part, Granted in Part

U. S. Court of Appeals for the Sixth Circuit

803 F.2d 721, 1986 WL 17782

Sept. 26, 1986 Order/Opinion

Opinion

[Ramirez v. Webb]

1987 U.S.Dist.LEXIS 15403

July 2, 1987 Order/Opinion

[Appellate Opinion]

U. S. Court of Appeals for the Sixth Circuit

835 F.2d 1153

Dec. 23, 1987 Order/Opinion

Opinion

1988 U.S.Dist.LEXIS 18018

May 3, 1988 Order/Opinion

Opinion

719 F.Supp. 610

Aug. 7, 1989 Order/Opinion

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
811

STIPULATION for Compromise Settlement between certain of the Plaintiffs and certain of the Defendants upon terms indicated (cc: all counsel) (bd) (Entered: 01/04/1990)

Nov. 17, 1989
812

REPLY by plaintiff Jesus Ramirez to the INS response to Plaintiffs' Opening Brief Supporting a Judgment of Liability and entry of a declaratory judgment. (bd) (Entered: 01/04/1990)

Nov. 21, 1989
813

STIPULATION re stipulation for compromise [811-1] by plaintiffs indicating that an Order may be entered dismissing this action w/ prejudice and w/o interest and w/o any additional amount of court costs or atty's fees incurred by plaintiffs. (cc: all counsel) (bd) (Entered: 01/04/1990)

Dec. 5, 1989
814

Text not available. (Entered: 01/04/1990)

Dec. 11, 1989
815

ORDER (2 pages) by Judge Richard A. Enslen granting Plaintiffs' request for leave to file instanter their Brief In Support of a Judgment of Liability and Entry of Declaratory Judgment. (cc: all counsel) (bd) (Entered: 01/04/1990)

Dec. 13, 1989
816

ORDER (3 pages) by Judge Richard A. Enslen to dismiss parties: (Plaintiffs) Arturo Garcia, Arturo Garcia, Jr., Guillermina Garcia, Norma Garcia, Lupita Garcia, Enedina Garcia, Jose Garcia, Alvaro Aguilar, Nancy Aguilar, Filemon Juarez and Jose Angel Garza (cc: all counsel) (bd) (Entered: 01/04/1990)

Dec. 13, 1989
817

ORDER (1 pages) by Judge Richard A. Enslen granting stipulation [813-1] (cc: all counsel) (bd) (Entered: 01/04/1990)

Dec. 13, 1989
818

MANDATE from Circuit Court of Appeals (1 page) granting Appellant's Motion to Dismiss. (bd) (Entered: 01/04/1990)

Dec. 20, 1989
819

MAIL RETURNED on pldgs. #815, 816, 817 addressed to Edward Preston, counsel for plaintiff Jesus Ramirez (bd) (Entered: 01/04/1990)

Dec. 21, 1989
820

MAIL RETURNED on pleadings #815,816,817 addressed to Michael Kachnykewych, counsel. (bd) (Entered: 01/04/1990)

Dec. 21, 1989
821

OPINION (6 pages) by Judge Richard A. Enslen on plaintiffs' request for a judgment of liability and entry of a declaratory judgment. (cc: all counsel) (bd) (Entered: 01/04/1990)

Dec. 21, 1989
822

ORDER (6 pages) in accordance w/ opinion by Judge Richard A. Enslen to dismiss case and that plaintiffs' request for a judgment of liability and entry of a declaratory judgment denied. (cc: all counsel) (bd) Modified on 04/19/1990 (Entered: 01/04/1990)

Dec. 21, 1989
823

MAIL RETURNED [823-1] for pldgs. #815, 816, 817 addressed to Mark C. Waloters,Office of Immigration Litigation. (bd) (Entered: 04/19/1990)

Dec. 28, 1989
824

MAIL RETURNED for pldgs. #815, 816, 817 addressed to Allen W. hausman, Office of Immigration Litigation. (bd) (Entered: 04/19/1990)

Jan. 4, 1990
825

MAIL RETURNED - for pldgs. #821 and 822 - addressed to Mark C. Walters, Office of Immigration Litigation. (bd) (Entered: 04/19/1990)

Jan. 16, 1990
826

MAIL RETURNED - for pldgs. #821, 822 - addressed to Ms. Mary Reed, Office of Immigration Litigation. (bd) (Entered: 04/19/1990)

Jan. 16, 1990
827

MAIL RETURNED - for pldgs. #821, 822 - addressed to Allen W. Hausman, Office of Immigration Litigation. (bd) (Entered: 04/19/1990)

Jan. 16, 1990

ATTORNEY SUBSTITUTION: terminating attorney John A. Smietanka for Jack E. Webb and substituting attorney Michael Hayes Dettmer (lak) (Entered: 12/27/1994)

Jan. 31, 1994
828

ATTORNEY SUBSTITUTION: terminating and substituting attorney (lak) (Entered: 12/27/1994)

Jan. 31, 1994

State / Territory: Michigan

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Sept. 4, 1981

Closing Date: 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons of Mexican or Hispanic origin or appearance who have been, are, or will be living, working, traveling or visiting within the Western Federal Judicial District of Michigan.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Border police

Constitutional rights