Case: Intl. Molders' v. INS

5:82-cv-01896 | U.S. District Court for the Northern District of California

Filed Date: April 29, 1982

Closed Date: Dec. 11, 1991

Clearinghouse coding complete

Case Summary

In 1982, a labor union, businesses, and individuals filed this lawsuit in the United States District Court for the Northern District of California. They challenged immigration raids which occurred during the week of April 16, 1982, as part of "Project Jobs," a nation-wide enforcement action conducted by the INS and Border Patrol agents. The plaintiffs alleged that the workplace raids, which the government called "surveys" or "control operations," resulted in U.S. citizens and lawful resident al…

In 1982, a labor union, businesses, and individuals filed this lawsuit in the United States District Court for the Northern District of California. They challenged immigration raids which occurred during the week of April 16, 1982, as part of "Project Jobs," a nation-wide enforcement action conducted by the INS and Border Patrol agents. The plaintiffs alleged that the workplace raids, which the government called "surveys" or "control operations," resulted in U.S. citizens and lawful resident aliens being unlawfully detained, interrogated, harassed, assaulted, transported, and falsely arrested solely because of their race, national origin, ancestry, and/or language, in violation of the Fourth and Fifth Amendments to the Constitution. The plaintiffs sought declaratory and injunctive relief, monetary damages, and class certification.

Attorneys with the Mexican American Legal Defense and Educational Fund, California Rural Legal Assistance, the American Civil Liberties Union Foundation of Northern California, Inc., the National Lawyers Guild, the Employment Law Center, and private law firms represented the plaintiffs.

The District Court (Judge Robert P. Aguilar) certified the case as a class action, over objection of the defendants. International Molders' and Allied Workers' Local Union No. 164 v. Nelson, 102 F.R.D. 457 (N.D.Cal. Dec. 19, 1983). Then, the plaintiffs moved for a preliminary injunction to prohibit raids of factories absent either voluntary employer consent, unprovoked exigent circumstances, or a valid and specific search warrant. Judge Aguilar issued the requested preliminary injunction and refused to stay the order pending appeal. International Molders' and Allied Workers' Local Union No. 164 v. Nelson, 643 F.Supp. 884 (N.D. Cal. 1986). The government appealed.

The Ninth Circuit Court of Appeals (Eugene A. Wright, Circuit Judge) remanded the case with instructions to modify the scope of the injunction. International Molders' and Allied Workers' Local Union No. 164 v. Nelson, 799 F.2d 547 (9th Cir. 1986).

On remand, both parties moved for partial summary judgment. The District Court (Judge Aguilar) granted partial summary judgment in favor of plaintiffs, finding that the search warrant used at the raid of the Petaluma Poultry plant was invalid. The defendants' cross-motion was denied. International Molders v. Nelson, 674 F.Supp. 294 (N.D. Cal. 1987). Subsequently, the plaintiffs amended their complaint to assert an additional claim that as a pattern and practice, the INS employs general warrants to gain entry to businesses and seize unnamed "others." The case then proceeded to trial.

At trial, the plaintiffs presented evidence for four months before resting their case-in-chief. The evidence included testimony and documents regarding the INS' use of general warrants at thirty-one different businesses. The defendants moved for a dismissal at the close of the plaintiffs' evidence. The Court denied the motion, finding that "the individually named plaintiffs and the plaintiff class have presented evidence in their case-in-chief to prove each of their claims by a preponderance of the evidence. Through the evidence of INS conduct at businesses other than those of the named employers, plaintiffs have shown the existence of a pattern and practice of unconstitutional entries into workplaces." Pearl Meadows Mushroom Farm, Inc. v. Nelson, 723 F.Supp. 432 (N.D.Cal.,1989). The exact progression of the case thereafter is unclear, as there is no docket available.

We do know that the case was eventually settled. On December 11, 1991, the District Court (Magistrate Judge Edward A. Infante) entered a declaratory judgment approving the parties' settlement agreement. The judgment set parameters for (1) entry by immigration officials into workplaces during workplace surveys (valid warrant, consent and exigent circumstances) (2) detentions during workplace surveys (arrests, persons detained, use of force).

Summary Authors

Dan Dalton (11/30/2007)

Allison Hight (10/19/2015)

People


Judge(s)

Aguilar, Robert Peter (California)

Farris, Joseph Jerome (Washington)

Infante, Edward A. (California)

Rhoades, John Skylstead Sr. (California)

Ware, James (California)

Wright, Eugene Allen (Washington)

Attorneys(s) for Plaintiff

Avila, Joaquin G. (California)

Baller, Morris J. (California)

Berry, David (California)

Boone, Dan (California)

Judge(s)

Aguilar, Robert Peter (California)

Farris, Joseph Jerome (Washington)

Infante, Edward A. (California)

Rhoades, John Skylstead Sr. (California)

Ware, James (California)

Wright, Eugene Allen (Washington)

Attorneys(s) for Plaintiff

Avila, Joaquin G. (California)

Baller, Morris J. (California)

Berry, David (California)

Boone, Dan (California)

Brick, Steven A (California)

Brown, Susan E. (California)

Cohen, Morton P. (California)

Cohn, Mort (California)

Crosby, Margaret C. (California)

Fishman, Charlotte (California)

Grabill, David (California)

Hernandez, Antonia (California)

Hing, Bill Ong (California)

Huerta, John E. (California)

Hulett, Denise M. (California)

Jee, Lynette (California)

Larson, E. Richard (California)

May, William (California)

Moses, Barbara (California)

Nockleby, John T. (California)

Rosenfeld, David Albert (California)

Schlosser, Alan Lawrence (California)

Schwartz, Amitai (California)

Steinberg, Kip (California)

Tamayo, William Robert (California)

True, John M (California)

Van Der Hout, Marc (California)

Wong, Linda J. (California)

Attorneys(s) for Defendant

Bupara, Patrick R.S (California)

Kline, David J. (District of Columbia)

Russoneillo, Joseph P. (California)

Shapiro, Ellen Sue (District of Columbia)

Singh, Parker (District of Columbia)

Stern, Marc (District of Columbia)

Whetstine, Judith (California)

Documents in the Clearinghouse

Document

Docket

March 13, 1992 Docket

Opinion and Order [Re: Class Certification]

International Molders' and Allied Workers' Local Union No. 165 v. Nelson

102 F.R.D. 457

Dec. 19, 1983 Order/Opinion

Second Amended Order Granting Preliminary Injunction and Denying Stay

International Molders' and Allied Workers' Local Union No. 164 v. Nelson

643 F.Supp. 884

Sept. 4, 1986 Order/Opinion

[Appellate Opinion]

International Molders' and Allied Workers' Local Union No. 164 v. Nelson

U. S. Court of Appeals for the Ninth Circuit

799 F.2d 547

Dec. 1, 1986 Order/Opinion

Order Granting Plaintiffs' Motion for Partial Summary Judgment and Denying Defendants' Motion for Partial Summary Judgment

International Molders' and Allied Workers' Local Union No. 164 v. Nelson

674 F.Supp. 294

Nov. 24, 1987 Order/Opinion

Amended Order Denying Rule 41(b) Motion

Pearl Meadows Mushroom Farm, Inc v. Nelson

723 F.Supp. 432

Aug. 24, 1989 Order/Opinion
622

Declaratory Judgment

Pearl Meadows Mushroom Farm v. Nelson

1991 U.S.Dist.LEXIS 19726

Dec. 17, 1991 Order/Opinion

Docket

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

ECF Number Description Date Link
1

MINUTES: ( C/R Unreported) ; Status conference cont'd to 3/22/91 @ 10:30 a.m. further status (btf, COURT STAFF) (Entered: 02/11/1991)

Jan. 19, 1991
609

MINUTES: ( C/R unreported) (3/22/91); re [608−2] ; Status conference off calendar reset to 5/3/91 at 10:30 a.m. (btf, COURT STAFF) (Entered: 03/27/1991)

March 22, 1991
610

MINUTES: ( C/R Unreported) ; Status conference off calendar reset to 6/7/91 at 10:30 a.m., before Judge Ware (btf, COURT STAFF) (Entered: 05/04/1991)

May 3, 1991
611

CLERK'S NOTICE ; Settlement conf (mag) before Mag. Infante on 6/7/91 at 1:30 p.m. by 5/31/91 the parties are directed to submit in camera settlement conference statements to Mag. Infante's Chambers. (btf, COURT STAFF) (Entered: 05/17/1991)

May 16, 1991
612

MINUTES: ( C/R none) ; (6/7/91) settlement conference held befor Mag. Infante; Settlement conf (mag) continued to 6/28/91 at 1:30 p.m. Lead cunsel shall notify the court by telephone within ten (10) days of the modifications to their respective settlement positions. (btf, COURT STAFF) (Entered: 06/14/1991)

June 10, 1991
613

CLERK'S NOTICE ; Settlement conf (mag) continued to 7/10/91 at 10:00 a.m. before Mag. Judge Infante (btf, COURT STAFF) (Entered: 06/17/1991)

June 13, 1991
614

MINUTES: ( C/R unreported) ; Status conference off calendar, case reporte settled dismissal forthcoming (btf, COURT STAFF) (Entered: 07/24/1991)

July 19, 1991
615

JOINT MOTION for preliminary approval of settlement agreement and for approval of notice to class of fairness hearing with Notice set for 11/6/91 (kk, COURT STAFF) (Entered: 11/08/1991)

Nov. 5, 1991
616

Plaintiff's MEMORANDUM in support of motion for preliminary approval of settlement agreement and for approval of notice to class of fairness hearing [615−1] (kk, COURT STAFF) (Entered: 11/08/1991)

Nov. 5, 1991
618

ORDER by Mag. Judge Edward A. Infante granting motion for preliminary approval of settlement agreement and for approval of notice to class of fairness hearing [615−1] ; Status conference re: determination of fairness, adequacy and reasonableness of settlement to be held 12/11/91 at 10am () (cc: all counsel) (kk, COURT STAFF) (Entered: 11/08/1991)

Nov. 6, 1991
619

MINUTES: ( C/R Rosita Flores) ; Settlement conf (mag) set 12/11/91 at 10am (kk, COURT STAFF) (Entered: 11/13/1991)

Nov. 6, 1991
617

DECLARATION by John M. True on behalf of plaintiff re motion for preliminary approval of settlement agreement and for approval of notice to class of fairness hearing [615−1] (kk, COURT STAFF) (Entered: 11/08/1991)

Nov. 7, 1991
625

AFFIDAVIT of John M. True regarding motion for preliminary approval of settlement agreement and for approval of notice to class of fairness hearing [615−1] (kk, COURT STAFF) (Entered: 12/17/1991)

Dec. 9, 1991
620

SETTLEMENT AGREEMENT AND ORDER by Judge James Ware and Magistrate Judge Infante; see document for details; defendants to reimburse plaintiffs their attorneys' fees of $409,000.00 and costs of $41,000.00( Date Entered: 12/17/91) (cc: all counsel) (kk, COURT STAFF) (Entered: 12/17/1991)

Dec. 11, 1991
621

FINAL ORDER APPROVING SETTLEMENT AGREEMENT AND DECLARATORY JUDGMENT by Judge James Ware terminating case ; appeal filing ddl 2/18/92 ( Date Entered: 12/17/91) (cc: all counsel) (kk, COURT STAFF) Modified on 12/17/1991 (Entered: 12/17/1991)

Dec. 11, 1991
622

DECLARATORY JUDGMENT: see document by Judge James Ware ( Date Entered: 12/17/91) (cc: all counsel) (kk, COURT STAFF) (Entered: 12/17/1991)

Dec. 11, 1991
623

STIPULATION and ORDER by Judge James Ware :Defendants to pay attorneys' fees of $409,000 plus costs for $41,000.00 payable to Legal Aid Society of SF, Trustee (cc: all counsel) (kk, COURT STAFF) (Entered: 12/17/1991)

Dec. 11, 1991
624

MINUTES: ( C/R Sue Herfurth)Hearing on final approval of settlement (kk, COURT STAFF) (Entered: 12/17/1991)

Dec. 11, 1991
626

MAIL [621−1] returned from Post Office, undeliverable to Steven A. Brick and Barbara Moses (bfv, COURT STAFF) (Entered: 01/07/1992)

Dec. 30, 1991
627

RECEIPT of satisfaction of Check No. 3007 79897537 dated 1/21/92 in the amount of $409,000.00 (bfv, COURT STAFF) (Entered: 02/06/1992)

Jan. 31, 1992
628

RECEIPT and statisfaction by defendants (bfv, COURT STAFF) (Entered: 03/20/1992)

March 13, 1992

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: April 29, 1982

Closing Date: Dec. 11, 1991

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All persons of Hispanic or other Latin American ancestry, residing within the jurisdiction of the INS San Francisco Office who have in the past, are now, or may in the future be subject to raids by INS and/or the Border Patrol at places of employment.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National Prison Project

ACLU of Northern California

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

United States Border Patrol, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1991 - None

Content of Injunction:

Preliminary relief granted

Issues

Discrimination-basis:

National origin discrimination

Race:

White

Immigration/Border:

Border police

Constitutional rights

Employment

ICE/DHS/INS raid

Legalization/Amnesty

National Origin/Ethnicity:

Hispanic