Case: Farm Labor Org. Comm. v. Ohio State Highway Patrol

3:96-cv-07580 | U.S. District Court for the Northern District of Ohio

Filed Date: Sept. 18, 1996

Closed Date: 2003

Clearinghouse coding complete

Case Summary

On September 18, 1996, a group of Hispanic migrant workers filed a lawsuit against the Ohio State Highway Patrol under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Ohio, alleging that the Highway Patrol conducted unconstitutional automobile stops, detentions and searches solely on the basis of race and/or national origin; interrogated them about their immigration status and confiscated immigration papers without justification. Plaintiffs asserted violatio…

On September 18, 1996, a group of Hispanic migrant workers filed a lawsuit against the Ohio State Highway Patrol under 42 U.S.C. § 1983 in the United States District Court for the Northern District of Ohio, alleging that the Highway Patrol conducted unconstitutional automobile stops, detentions and searches solely on the basis of race and/or national origin; interrogated them about their immigration status and confiscated immigration papers without justification. Plaintiffs asserted violations of the First Amendment, Fourth Amendment, and the Due Process and Equal Protection Clauses of the Fourteenth Amendment. They sought declaratory and injunctive relief, as well as class certification.

On June 24, 1997, the District Court (Judge James G. Carr) denied plaintiffs' motion for a preliminary injunction, as none of the named plaintiffs had ever been stopped by the Highway Patrol. After amending their complaint to add plaintiffs who had been so detained, plaintiffs renewed their request for a preliminary injunction. Judge Carr issued a preliminary injunction on December 8, 1997, prohibiting the questioning about immigration status, or seizure of immigration papers, without reasonable cause. He, however, declined relief on plaintiffs' claim of stops based on ethnicity. Farm Labor Organizing Committee v. Ohio State Highway Patrol, 991 F.Supp. 895 (N.D.Ohio 1997). On August 17, 1998, the District Court certified the case as a class action. Farm Labor Organizing Committee v. Ohio State Highway Patrol, 184 F.R.D. 583, (N.D. Ohio 1998).

The parties then filed cross-motions for summary judgment. By order dated September 8, 1999, the Court (Judge Carr) granted plaintiffs' motion for summary judgment on one claim (Fourth Amendment violation in retaining two plaintiffs' green cards for four days following traffic stop), but entered judgment for defendants on all other claims. The preliminary injunction was dissolved. Plaintiffs moved for reconsideration of their claims for injunctive relief under Title VI, class-wide claims for injunctive relief under the Fourth Amendment, and equal protection claims. The District Court granted in part and denied in part the motion for reconsideration, granting partial summary judgment to plaintiffs' on their equal protection claims, but denying relief under Title VI and finding that there as no standing for class wide injunctive relief. The Court also refused to extend qualified immunity to defendants on some claims. Farm Labor Organizing Committee v. Ohio State Highway Patrol, 95 F.Supp.2d 723 (N.D.Ohio Apr 20, 2000). Defendants then appealed. The Court of Appeals (Circuit Judge Moore) affirmed. Farm Labor Organizing Committee v. Ohio State Highway Patrol 308 F.3d 523 (6th Cir. 2002).

On remand, the parties settled the case. A formal Settlement Agreement was filed on May 5, 2003. Under the Agreement, the Highway Patrol agreed to pay two named plaintiffs $7,500 each and pay attorneys' fees of $85,000 to the Equal Justice Foundation. The Highway Patrol also agreed to continue to maintain and enforce its policies, procedures and training protocols regarding the issue of racial bias.

We have no further information on this case.

Summary Authors

Erica Woodruff (8/20/2007)

People


Judge(s)

Carr, James G. (Ohio)

Cole, Ransey Guy Jr. (Ohio)

Kennedy, Cornelia Groefsema (Michigan)

Moore, Kimberly Ann (District of Columbia)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Senhauser, William B. (Ohio)

Skaggs, Kimberly M. (Ohio)

Attorneys(s) for Defendant

Adler, Allen Paul (Ohio)

Dorris, Tomi L. (Ohio)

Marti, Todd Robert (Ohio)

Judge(s)

Carr, James G. (Ohio)

Cole, Ransey Guy Jr. (Ohio)

Kennedy, Cornelia Groefsema (Michigan)

Moore, Kimberly Ann (District of Columbia)

Attorneys(s) for Plaintiff

Finnegan, John Mark (Michigan)

Senhauser, William B. (Ohio)

Skaggs, Kimberly M. (Ohio)

Attorneys(s) for Defendant

Adler, Allen Paul (Ohio)

Dorris, Tomi L. (Ohio)

Marti, Todd Robert (Ohio)

O'Brien, Carol Hamilton (Ohio)

Documents in the Clearinghouse

Document

00-03653

Docket (PACER)

Farm Labor Organizing Committee v. Ohio State Highway Patrol

U. S. Court of Appeals for the Sixth Circuit

May 25, 2000

May 25, 2000

Docket

3:96-cv-07580

Docket (PACER)

Farm Labor Organizing Committee v. Ohio State Highway Patrol

May 5, 2003

May 5, 2003

Docket
1

3:96-cv-07580

Complaint

Farm Labor Organizing Committee v. Ohio State Highway Patrol

Sept. 18, 1996

Sept. 18, 1996

Complaint
44

3:96-cv-07580

Amended Complaint

Farm Labor Organizing Committee v. Ohio State Highway Patrol

Aug. 19, 1997

Aug. 19, 1997

Complaint
67

3:96-cv-07580

Order

Farm Labor Organizing Committee v. The Ohio State Highway Patrol

Dec. 8, 1997

Dec. 8, 1997

Order/Opinion
94

3:96-cv-07850

Opinion

Farm Labor Organizing Committee v. Ohio State Highway Patrol

Aug. 17, 1998

Aug. 17, 1998

Order/Opinion
125

3:96-cv-07580

Opinion

Farm Labor Organizing Committee v. Ohio State Highway Patrol

April 20, 2000

April 20, 2000

Order/Opinion

00-03653

Opinion

Farm Labor Organizing Committee v. Ohio State Highway Patrol

U. S. Court of Appeals for the Sixth Circuit

Oct. 17, 2002

Oct. 17, 2002

Order/Opinion

3:96-cv-07580

Settlement Agreement

Farm Labor Organizing Committe v. Ohio State Highway Patrol

Jan. 31, 2003

Jan. 31, 2003

Settlement Agreement

Docket

Last updated Aug. 26, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

Complaint (7 summons and Magistrate Consent Forms issued) against Rebecca Ambrose, Steven R. Blue, Warren H. Davies, Berry Elders, Bruce Elling, William D. Healy, Kevin Kiefer, Kenneth Marshall, Ohio State Highway Patrol. filed by John M. Finnegan of Equal Justice Foundation on behalf of Jose Aguilar, Eusebio Ariola Jr., Guadalupe Ariola, Fernando Cuevas Jr., Fernando Cuevas Sr., Irma Esparza, Farm Labor Organizing Committee, Melissa Lopez, Margarito Olivares, Alicia Quintero, Francisco Quintero, Merced Valdez. Filing fee collected, receipt #300037. (Attachments: # 1 Civil Cover Sheet)(R, Ci) (Entered: 03/21/2001)

Sept. 18, 1996

Sept. 18, 1996

SEE ICMS docket for entries # 2 to 43.(R, Ci) (Entered: 03/21/2001) Baranowski, Steven R. Blue, Brian Courtney, Warren H. Davies, Berry Elders, Bruce Elling, William D. Healy, Kevin Kiefer, Dean Laubacher, Kenneth Marshall, Ohio State Highway Patrol, Paul Pape, Paul Piatarek, Bob Stevens, Richard Unger, Charles Williams. (related document(s)1) filed by John M. Finnegan of Equal Justice Foundation on behalf of Jose Aguilar, Eusebio Ariola Jr., Guadalupe Ariola, Fernando Cuevas Jr., Fernando Cuevas Sr., Irma Esparza, Farm Labor Organizing Committee, Melissa Lopez, Margarito Olivares, Alicia Quintero, Francisco Quintero, Merced Valdez.(R, Ci)(10 summons issued to attorney on 9/3/97). (Entered: 03/21/2001)

Sept. 18, 1996

Sept. 18, 1996

SEE ICMS docket for entries # 45 to 66.(R, Ci) (Entered: 03/21/2001)

Aug. 19, 1997

Aug. 19, 1997

67

Order: plaintiff's renewed motion for preliminary injunction is denied as to their claim of stops based on ethnicity; granted as follows with regard to questioning about immigration status and seizure of immigration documents; the officers, agents, and employees of the OH State Highway Patrol are enjoined from questioning motorists about their immigration status w/o reasonable suspicion based on articulable objective facts arising either from the circumstances of the initial seizure of motorists or other circumstances arising during such seizure that such motorists are in violation of federal law re to immigration or uncoerced and otherwise lawful consent to such questioning; The officers, agents and employees of the OH State Highway Patrol are enjoined from seizing immigration documents from motorists absent lawful cause for doing so and if such seizure occurs, providing forthwith fully effective substitute documents. (R, Ci) (Entered: 03/21/2001)

Dec. 8, 1997

Dec. 8, 1997

SEE ICMS docket for entries # 68 to 77.(R, Ci) (Entered: 03/21/2001)

Feb. 9, 1998

Feb. 9, 1998

78

Motion for class certification and memorandum in support filed by John M. Finnegan of Equal Justice Foundation on behalf of all plaintiffs.(R, Ci) (Entered: 03/21/2001)

May 15, 1998

May 15, 1998

SEE ICMS docket for entries # 79 to 93.(R, Ci) (Entered: 03/21/2001)

May 15, 1998

May 15, 1998

94

Order signed on 8/17/1998 Granting Motion for class certification (Related Doc # 78) (R, Ci) . (Entered: 03/21/2001)

Aug. 17, 1998

Aug. 17, 1998

SEE ICMS docket for entries # 95 to 108.(R, Ci) (Entered: 03/21/2001)

Sept. 14, 1998

Sept. 14, 1998

109

Order: Motion for summary judgment of defendant's Marshall, Davies, Healy, Elling, Elders, Blue, Ambrose, Baronowski, Courtney, Laubacher, Piatrarek, Pape, Stevens, Unger and Williams is granted; defendant Kevin Kiefer's motion for summary judgment denied; preliminary injunction granted as to issue of whether Trooper Kiefer violated 4th amendment by retaining green cards of Aguilar and Esparza for four days and denied as to all other issues and all other defendants.(R, Ci) (Entered: 03/21/2001)

Sept. 8, 1999

Sept. 8, 1999

SEE ICMS docket for entries # 110 to 124.(R, Ci) (Entered: 03/21/2001)

Sept. 8, 1999

Sept. 8, 1999

126

Second Motion for class certification and memorandum in support filed by John M. Finnegan of Equal Justice Foundation on behalf of all plaintiffs.(R, Ci) (Entered: 03/22/2001)

May 18, 2000

May 18, 2000

SEE ICMS docket for entries # 127 to 137.(R, Ci) (Entered: 03/22/2001)

May 18, 2000

May 18, 2000

138

True copy of Order from US Court of Appeals denying petition for permission to appeal in USCA Case No. 00-0305 (USCA Case No. 00-3653 is still open) Clerk: L. Green; Suhreinrich & Daughtrey, Circuit Judges; Weber, District Judge. Order issued 8/7/00 .(R, Ci) (Entered: 03/22/2001)

Aug. 9, 2000

Aug. 9, 2000

SEE ICMS docket for entry # 139.(R, Ci) (Entered: 03/22/2001)

Aug. 14, 2000

Aug. 14, 2000

140

Order: Telephone status conference held 10/17/00; due to pendency of appeal before the 6th circuit it is ordered that the pending motion for class certification is withdrawn w/o prejudice pending adjudication of appeal by the 6th circuit (related document(s)126) .(R, Ci) (Entered: 03/22/2001)

Oct. 19, 2000

Oct. 19, 2000

141

Notice of Placement of case in the CM/ECF Docketing System .(R, Ci) (Entered: 03/22/2001)

March 22, 2001

March 22, 2001

Certified record sent to the USCA, 6th Circuit (documents filed in ICMS) (M, C) (Entered: 11/15/2001)

Nov. 15, 2001

Nov. 15, 2001

142

Acknowledgment from the USCA for the Sixth Circuit of receipt of certified record on appeal. (M, C) (Entered: 03/08/2002)

March 6, 2002

March 6, 2002

143

Information copy of mandate from the USCA for the Sixth Circuit affirming the district court's denial of qualified immunity as to the plaintiffs' Fourth and Fourteenth Amendment claims. Furthermore, affirming the district court's grant of partial summary judgment to plaintiffs on the issue of Fourth Amendment liablity, and remanding for further proceedings consistent with this opinion. (M, C) (Entered: 10/22/2002)

Oct. 21, 2002

Oct. 21, 2002

144

Order signed by Judge Carr. Telephone scheduling conference held; Leave granted to defendants to file motion requesting trial on liability by 12/30/02, opposition due 1/15/03, reply due 1/27/03; Settlement conference to be held on 12/16/2002 at noon; Ex parte narrative statements to be submitted 1 week prior to said conference; Representative of defendants with full authority to settle to attend; Further scheduling held in abeyance pending settlement conference(A, P) (Entered: 11/13/2002)

Nov. 13, 2002

Nov. 13, 2002

145

Returned mail addressed to William B. Senhauser marked "return to sender/no forwarding order on file"; Re: Order filed 11/13/02 (Related documents(s) 144) (N, D) (Entered: 11/26/2002)

Nov. 26, 2002

Nov. 26, 2002

146

Mandate from the USCA for the Sixth Circuit affirming in part and remanding in part the decision of the district court (received in district court on 12/23/02). Related to doc 128 in ICMS; appeal no. 00-3653)(M, C). Modified on 1/13/2003 to reflect "mandate" (M, C). (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

Certified record returned from the USCA for the Sixth Circuit containing 8 volumes of pleadings (which includes a video), 2 transcripts and 9 exhibits). (M, C) (Entered: 01/08/2003)

Jan. 8, 2003

Jan. 8, 2003

147

Order signed by Judge Carr. The parties having indicated that this case is settled, ordered that a dismissal entry shall be filed by 2/28/03. (S, A L) (Entered: 01/23/2003)

Jan. 23, 2003

Jan. 23, 2003

148

Order signed by Judge Carr. The Court having ordered that a dismissal entry shall be filed by February 28, 2003, and the parties having failed to file such dismissal, it is hereby ordered that this case is dismissed.(S, A L) (Entered: 04/07/2003)

April 7, 2003

April 7, 2003

149

Settlement Agreement filed by the parties. (S, A L) (Entered: 05/05/2003)

May 5, 2003

May 5, 2003

Case Details

State / Territory: Ohio

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 18, 1996

Closing Date: 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Hispanic migrant workers that claimed the OSHP violated their constitutional rights by interrogating them about their immigration status, and, in some cases, confiscating immigration documents, on the basis of their Hispanic appearance.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Ohio State Highway Patrol, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Right to travel

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

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Detention - conditions

Undocumented immigrants - rights and duties