Case: Gonzales v. Rivkind

8:83-cv-00039 | U.S. District Court for the Middle District of Florida

Filed Date: Jan. 10, 1983

Closed Date: 1992

Clearinghouse coding complete

Case Summary

On January 10, 1983 a group of individuals whose vehicles had been seized by federal agents pursuant to the INS Miami Sector Seizure Program because they had been used to transport undocumented aliens filed a class action lawsuit in the U.S. District Court for the Middle District of Florida to challenge the forfeiture procedures of the Immigration and Nationality Act, 8 U.S.C. §1324. Plaintiff maintained that the seizures ran afoul of due process and equal protection in that vehicle owners were…

On January 10, 1983 a group of individuals whose vehicles had been seized by federal agents pursuant to the INS Miami Sector Seizure Program because they had been used to transport undocumented aliens filed a class action lawsuit in the U.S. District Court for the Middle District of Florida to challenge the forfeiture procedures of the Immigration and Nationality Act, 8 U.S.C. §1324. Plaintiff maintained that the seizures ran afoul of due process and equal protection in that vehicle owners were denied a prompt probable cause hearing before a neutral judicial officer. Moreover, vehicle owners were charged seizure related costs and were forced to sign indemnity agreements before their seized vehicles would be returned, even in cases where the government was not able to prove a violation of law. They requested injunctive relief to stop the seizure program.

The government sought dismissal of the case and summary judgment. Both defense motions were denied.

On May 25, 1984, the District Court (Judge William J. Castagna) certified the case as a class action. In 1986, the Court entered summary judgment in favor of the plaintiff class on its due process claim and granted injunctive relief. The Court's injunctive order prohibited the INS from seizing vehicles without warrants pursuant to 8 U.S.C. § 1324(b) unless the government provided a probable cause hearing within 72 hours. The Court also prohibited the government from charging costs related to seizure or impoundment of any vehicle that was not found to have been involved in a violation of 8 U.S.C. § 1324. Any such charges that were previously assessed were to be refunded. Gonzales v. Rivkind, 629 F.Supp. 236 (M.D. Fla. 1986). The government appealed. The U.S. Court of Appeals for the 11th Circuit (Judge Edmondson) reversed, finding no due process violation. The case was remanded for consideration of whether the seizure program violated equal protection. Gonzales v. Rivkind, 858 F.2d. 657. (11th Cir. 1988).

The PACER docket reflects that in February 1992, the District Court ordered the plaintiffs of their intent to pursue any remaining claims. It appears that the plaintiffs failed to respond to the Court's order and the case was closed. No further activity was noted.

Summary Authors

Brian Ponton (8/22/2007)

People


Judge(s)

Castagna, William John (Florida)

Edmondson, James Larry (Georgia)

Attorneys(s) for Plaintiff

Lacayo, Tillie (Florida)

Leto, Nora (Florida)

Attorneys(s) for Defendant

Brown, William C. (District of Columbia)

England, Lynn (Florida)

Hollenhorst, Thomas (District of Columbia)

Judge(s)

Castagna, William John (Florida)

Edmondson, James Larry (Georgia)

Attorneys(s) for Plaintiff

Lacayo, Tillie (Florida)

Leto, Nora (Florida)

Attorneys(s) for Defendant

Brown, William C. (District of Columbia)

England, Lynn (Florida)

Hollenhorst, Thomas (District of Columbia)

Documents in the Clearinghouse

Document

8:83-cv-00039

Docket (PACER)

Dec. 1, 1988

Dec. 1, 1988

Docket
115

8:83-cv-00039

Opinion

629 F.Supp. 236, 1986 U.S.Dist.LEXIS 30391

Jan. 15, 1986

Jan. 15, 1986

Order/Opinion

86-03194

Opinion

U. S. Court of Appeals for the Eleventh Circuit

858 F.2d 657

Oct. 4, 1988

Oct. 4, 1988

Order/Opinion

Resources

Docket

Last updated Aug. 12, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed for Declaratory and Injunctive Relief. (lgl) (Entered: 12/12/1991)

Jan. 10, 1983

Jan. 10, 1983

2

MOTION by Plaintiffs Tommy Ramos and Manuel Gonzales for appointment of Special Process Server. (lgl) (Entered: 12/12/1991)

Jan. 10, 1983

Jan. 10, 1983

3

ORDER granting [2-1] motion for appointment of Special Process Server. ( Signed by Judge Ben Krentzman ) (lgl) (Entered: 12/12/1991)

Jan. 10, 1983

Jan. 10, 1983

4

MOTION by Plaintiffs Tommy Ramos, Manuel Gonzales for preliminary injunction. (lgl) (Entered: 12/12/1991)

Jan. 10, 1983

Jan. 10, 1983

5

MEMORANDUM by Plaintiffs Tommy Ramos, Manuel Gonzales in support of [4-1] motion for preliminary injunction. (lgl) (Entered: 12/12/1991)

Jan. 10, 1983

Jan. 10, 1983

SUMMONS(ES) issued for Alan Nelson, Robert Adams, Joe Howerton . Consent(s) issued. (lgl) (Entered: 12/12/1991)

Jan. 10, 1983

Jan. 10, 1983

6

ORDER Transferring Case to Hon. William J. Castagna with his consent for all further proceedings. ( Signed by Judge Ben Krentzman ) (lgl) (Entered: 12/12/1991)

Jan. 13, 1983

Jan. 13, 1983

7

ORDER: DENYING Plaintiffs' [4-1] motion for preliminary injunction without prejudice. Plaintiffs shall have leave to amend their complaint and to file any necessary supporting papers within ten days from this date.( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

Jan. 17, 1983

Jan. 17, 1983

8

MOTION by Plaintiffs Tommy Ramos, Manuel Gonzales for Class Certification. (lgl) (Entered: 12/12/1991)

Jan. 19, 1983

Jan. 19, 1983

9

MEMORANDUM by Plaintiffs Tommy Ramos, Manuel Gonzales in support of [8-1] motion for Class Certification. (lgl) (Entered: 12/12/1991)

Jan. 19, 1983

Jan. 19, 1983

10

NOTICE by Plaintiffs Tommy Ramos, Manuel Gonzales of withdrawalof Plaintiffs' Motion for Preliminary Injunction. (lgl) (Entered: 12/12/1991)

Jan. 26, 1983

Jan. 26, 1983

11

RETURN OF SERVICE executed as to Alan Nelson, Robert Adams, Joe Howerton 1/14/83 pursuant to Affidavit of Federico Hernandez. Answer due on 2/3/83 for Joe Howerton, for Robert Adams, for Alan Nelson (lgl) (Entered: 12/12/1991)

Feb. 4, 1983

Feb. 4, 1983

12

NOTICE by Plaintiffs Tommy Ramos, Manuel Gonzales of taking deposition of Robert Adams, Lloyd Lofland and Frank Wilson, 2/24/83. (lgl) (Entered: 12/12/1991)

Feb. 7, 1983

Feb. 7, 1983

13

NOTICE by Plaintiffs Tommy Ramos, Manuel Gonzales of taking deposition of Calvin Vaughn, Agent Powell and Agent Nelson, 2/21/83. (lgl) (Entered: 12/12/1991)

Feb. 7, 1983

Feb. 7, 1983

14

NOTICE by Plaintiffs Tommy Ramos, Manuel Gonzales of taking deposition of Dan Gibson, 2/23/83. (lgl) (Entered: 12/12/1991)

Feb. 7, 1983

Feb. 7, 1983

15

RENEWED request of Plaintiff for production of documents. (lgl) (Entered: 12/12/1991)

Feb. 7, 1983

Feb. 7, 1983

16

AMENDED COMPLAINT by Plaintiffs Tommy Ramos, Manuel Gonzales. (Answer due 3/10/83 for Joe Howerton, for Perry A. Rivkind, for Robert Adams, for Alan Nelson ) amending [1-1] complaint against USA. (lgl) (Entered: 12/12/1991)

Feb. 28, 1983

Feb. 28, 1983

17

MOTION by Defendants to dismiss the Complaint for failure to state a claim upon which relief can be granted. (lgl) (Entered: 12/12/1991)

March 10, 1983

March 10, 1983

18

MEMORANDUM by Defendants in support of Defendants [17-1] motion to dismiss the Complaint for failure to state a claim upon which relief can be granted. (lgl) (Entered: 12/12/1991)

March 10, 1983

March 10, 1983

19

MOTION by Defendants for protective order re: discovery. referred to Judge Thomas G. Wilson (lgl) (Entered: 12/12/1991)

March 10, 1983

March 10, 1983

21

MOTION by Defendants for protective order staying discoverry. referred to Judge William J. Castagna (lgl) (Entered: 12/12/1991)

March 15, 1983

March 15, 1983

22

MEMORANDUM by Defendants in support of [21-1] motion for protective order staying discoverry. (lgl) (Entered: 12/12/1991)

March 15, 1983

March 15, 1983

23

RESPONSE by Plaintiffs to Defendants' [21-1] motion for protective order staying discoverry. (lgl) (Entered: 12/12/1991)

March 15, 1983

March 15, 1983

24

ORDER denying Defendants [21-1] motion for protective order staying discoverry. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

March 15, 1983

March 15, 1983

25

RESPONSE by Plaintiffs to [17-1] motion to dismiss the Complaint for failure to state a claim upon which relief can be granted. (lgl) (Entered: 12/12/1991)

March 24, 1983

March 24, 1983

26

NOTICE of attorney appearance of Jeffrey D. Fisher, Special Assistant U. S. Attorney for Defendants Alan Nelson, Robert Adams, Perry A. Rivkind, Joe Howerton, USA. (lgl) (Entered: 12/12/1991)

April 4, 1983

April 4, 1983

27

MOTION by Defendants with memorandum in support for protective order re: depositions. referred to Judge Thomas G. Wilson (lgl) (Entered: 12/12/1991)

April 4, 1983

April 4, 1983

28

ORDER denying Defendants' [27-1] motion for protective order re: depositions. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

April 7, 1983

April 7, 1983

29

RESPONSE by Plaintiffs to Defendants [27-1] motion for protective order re: depositions. (lgl) (Entered: 12/12/1991)

April 7, 1983

April 7, 1983

30

MOTION & Memorandum by Plaintiffs for an Order compelling Defendant Adams and his employee Border Patrol Agents to appear for deposition. (lgl) (Entered: 12/12/1991)

April 7, 1983

April 7, 1983

31

ORDER denying without prejudice Plaintiffs' [30-1] motion for an Order compelling Defendant Adams and his employee Border Patrol Agents to appear for deposition. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

April 26, 1983

April 26, 1983

32

ORDER denying Defendants' [17-1] motion to dismiss the Complaint for failure to state a claim upon which relief can be granted. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

April 26, 1983

April 26, 1983

35

ANSWER to Complaint by Defendant. (lgl) (Entered: 12/12/1991)

May 17, 1983

May 17, 1983

33

RENOTICE of taking deposition of Robert Adams, et al. (lgl) (Entered: 12/12/1991)

June 6, 1983

June 6, 1983

34

CERTIFICATE of Service of Plaintiffs' First Interrogatories. (lgl) (Entered: 12/12/1991)

June 6, 1983

June 6, 1983

35

(35-A) ORDER Requiring Status Information. Status information due by 7/10/83. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

June 24, 1983

June 24, 1983

36

(35-C) RESPONSE to Order Requiring Status Information by Plaintiffs. Discovery: Five months; Trial: Four to Five days; Settlement Probability: Unknown. (lgl) Modified on 12/12/1991 (Entered: 12/12/1991)

July 13, 1983

July 13, 1983

35

(35-D) NOTICE of frist status conference, October 6, 1983. (lgl) (Entered: 12/12/1991)

July 28, 1983

July 28, 1983

35

(35-E) ORDER for limiting discovery to March 2, 1984; Pre-trial conference March 20, 1984 at 11:30 a.m.; Non-jury trial for the weeks of April 2, 9, 16, 23, 1984. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

July 28, 1983

July 28, 1983

35

(35-F) SUGGESTION by Defendants of Mootness of Motion to Dismiss for lack of subject matter jurisdiction and memorandum. (lgl) (Entered: 12/12/1991)

Oct. 26, 1983

Oct. 26, 1983

35

(35-G) ORDER: Plaintiffs shall respond to Defendants' Suggestion of Mootness within ten days of the date of this order, when the Court will rule with or without a response. s/11/17/83. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

Nov. 21, 1983

Nov. 21, 1983

35

(35-H) MEMORANDUM by Plaintiffs in opposition to Defendants [35-1] Suggestion of Mootness and Motion for lack of subject matter jurisdiction. (Defendants filed 11/25/83) (lgl) (Entered: 12/12/1991)

Dec. 1, 1983

Dec. 1, 1983

35

(35-I) ORDER: Defendant's Suggestion of Mootness and Motion to Dismiss are DENIED. Defendants' are directed to respond to Plaintiff's Motion for Class Certification within ten days of the date of this Order. If Defendants do not file such a response, the Court will rule on the Motion and may grant relief requested. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

Dec. 1, 1983

Dec. 1, 1983

35

(35-J) AFFIDAVIT of Tillie Lacayo. (lgl) (Entered: 12/12/1991)

Dec. 7, 1983

Dec. 7, 1983

36

MOTION by Plaintiffs to compel response to Plaintiffs' Interrogatories. (lgl) (Entered: 12/12/1991)

Dec. 7, 1983

Dec. 7, 1983

37

MEMORANDUM by Plaintiffs in support of [36-1] motion to compel response to Plaintiffs' Interrogatories. (lgl) (Entered: 12/12/1991)

Dec. 7, 1983

Dec. 7, 1983

38

MOTION & Memorandum by Plaintiffs for an enlargement of time to respond to Plaintiff's Motion for Class Certification. (lgl) (Entered: 12/12/1991)

Dec. 16, 1983

Dec. 16, 1983

39

UNOPPOSED MOTION by Defendants for enlargement of time to respond to the Motion to Compel. (lgl) (Entered: 12/12/1991)

Dec. 16, 1983

Dec. 16, 1983

40

ORDER granting [38-1] motion for an enlargement of time to respond to Plaintiff's Motion for Class Certification and granting [36-1] motion to compel response to Plaintiffs' Interrogatories. Defendants shall have until December 23, 1983 to respond. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

Dec. 19, 1983

Dec. 19, 1983

42

MOTION by Defendants with memorandum in support for summary judgment. (Filed 1/3/84) (Exhibits attached) (lgl) (Entered: 12/12/1991)

Jan. 7, 1984

Jan. 7, 1984

43

SECOND UNOPPOSED MOTION & Memorandum by Defendants for an enlargement of time to respond to the Motion for Class Certification. (lgl) (Entered: 12/12/1991)

Jan. 7, 1984

Jan. 7, 1984

44

REQUEST & Memorandum for Oral Argument on the Motion for Summary Judgment, by Defendants. (Filed 1/3/84) (lgl) (Entered: 12/12/1991)

Jan. 7, 1984

Jan. 7, 1984

45

NOTICE by Defendants of filing Exhibits E and F to the Motion for Summary Judgment. (lgl) Modified on 12/12/1991 (Entered: 12/12/1991)

Jan. 7, 1984

Jan. 7, 1984

46

MEMORANDUM by Defendants in opposition to Plaintiffs' [8-1] motion for Class Certification. (lgl) (Entered: 12/12/1991)

Jan. 9, 1984

Jan. 9, 1984

47

MEMORANDUM by Plaintiffs in opposition to Defendants [42-1] motion for summary judgment. (lgl) (Entered: 12/12/1991)

Jan. 13, 1984

Jan. 13, 1984

48

ORDER: (1) Defendants' [42-1] Motion for Summary Judgment is DENIED. (2) Plaintiff's [36-1] Motion to Compel answers to Interrogatories is GRANTED. (3) The Court defers ruling on Plaintiff's Motion for Class Certification. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

Feb. 7, 1984

Feb. 7, 1984

49

DEFENDANTS NOTICE of substitution of Parties (filed to substitute Perry Rivkind as current Director, INS in place of Joe Howerton, retired). (lgl) (Entered: 12/12/1991)

Feb. 10, 1984

Feb. 10, 1984

50

STIPULATION extending time for discovery until 3/30/84. (lgl) (Entered: 12/12/1991)

March 12, 1984

March 12, 1984

51

MOTION by Plaintiffs to extend time. (lgl) (Entered: 12/12/1991)

March 14, 1984

March 14, 1984

52

MEMORANDUM by Plaintiffs in support of [51-1] motion to extend time. (lgl) (Entered: 12/12/1991)

March 14, 1984

March 14, 1984

53

MOTION by Defendants for a continuance of the pretrial Order, the pretrial conference and the trial. (lgl) (Entered: 12/12/1991)

March 15, 1984

March 15, 1984

54

ORDER: (1) Plaintiffs' [51-1] motion for extension is GRANTED. (2) Defendants' [53-1] Motion for continuance is GRANTED. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

March 16, 1984

March 16, 1984

55

MOTION by Plaintiffs to extend time. (lgl) (Entered: 12/12/1991)

March 30, 1984

March 30, 1984

56

MEMORANDUM by Plaintiffs in support of [55-1] motion to extend time. (lgl) (Entered: 12/12/1991)

March 30, 1984

March 30, 1984

57

ORDER: (1) Plaintiffs' [55-1] Second Motion for extension of time is GRANTED and Plaintiffs shall move for class certification within two weeks of the date of this Order, after which defendants shall have ten days to file a response to such motion. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

April 3, 1984

April 3, 1984

59

MEMORANDUM by Plaintiffs in support of [58-1] motion for Class Certification. (with Exhibits A-H -- in separate folder) (lgl) (Entered: 12/12/1991)

April 16, 1984

April 16, 1984

60

RESPONSE by Defendants to Plaintiffs' [58-1] motion for Class Certification. (lgl) (Entered: 12/12/1991)

May 3, 1984

May 3, 1984

61

REPLY by Plaintiffs to Defendants' response to [58-1] motion for Class Certification. (lgl) (Entered: 12/12/1991)

May 14, 1984

May 14, 1984

62

ORDER: 1) Perry Rivkind is substituted for Joe Howerton as Defendant in this action. ( Signed 5/24/84 by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

May 25, 1984

May 25, 1984

63

ORDER: 1) Plaintiffs' [58-1] Motion for Class Action Certification is GRANTED. 2) The Court certifies the following class of plaintiffs: All persons whose vehicles have been or will be seized by agents from District 6 of the Immigration and Naturalization Service and who have not been or will not be afforded a prompt probable cause hearing before an impartial individual; 3) The Court further certifies the following sub-class of Plaingiffs: All vehicle owners whose vehicles were not used in violation of 8 U.S.C. Section 1324(a), but who must pay costs of seizure and release Defendants from liability in order to get their vehicles returned. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

May 25, 1984

May 25, 1984

64

SCHEDULING ORDER (re: estimate of time required to complete discovery, trial, pending motions and/or probability of settlement. (lgl) (Entered: 12/12/1991)

June 26, 1984

June 26, 1984

SCHEDULING ORDER returned: discovery complete 0-60 days; trial 3-5 days; remote possibility of settlement, no pending motions. (lgl) (Entered: 12/12/1991)

July 23, 1984

July 23, 1984

65

NOTICE OF STATUS CONFERENCE: 8/22/84 at 2:00 p.m., 611 N. Florida Avenue, Tampa, Florida. s/WJC/Notified. (lgl) (Entered: 12/12/1991)

July 23, 1984

July 23, 1984

66

SCHEDULING ORDER setting Discovery cutoff 1/4/85 ; Pretrial conference for 1:30 1/22/85 ; Case set for non-jury trial during the weeks of February 4, 11, 18 and 25, 1985, before Judge Castagna.( signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

July 23, 1984

July 23, 1984

MAGISTRATE CONSENT FORMS mailed. (lgl) (Entered: 12/12/1991)

July 23, 1984

July 23, 1984

67

MOTION by Plaintiffs for protective order regarding matters raised in Defendants' Motion to Compel Answers. (lgl) (Entered: 12/12/1991)

July 31, 1984

July 31, 1984

68

MOTION by Defendants with memorandum in support to compel answers to certified questions. Exhbitis A, B and C attached. (lgl) (Entered: 12/12/1991)

Aug. 16, 1984

Aug. 16, 1984

69

MOTION by attorney Nora Leto to leave to file withdraw as counsel for Plaintiffs Alberto Cabrera and Tommy Ramos. (lgl) (Entered: 12/12/1991)

Aug. 16, 1984

Aug. 16, 1984

70

MEMORANDUM by Alberto Cabrera, Tommy Ramos in support of [69-1] motion to leave to file withdraw as counsel for Plaintiffs Alberto Cabrera and Tommy Ramos. (lgl) (Entered: 12/12/1991)

Aug. 16, 1984

Aug. 16, 1984

72

ORDER: 1) Defendants' [68-1] motion to compel is GRANTED; 2) Plaintiffs' [67-1] Motion for Protective Order is DENIED except that Plaintiffs in subsequent depositions may assert the privilege against selfincrimination for those questions indicated above. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

Aug. 20, 1984

Aug. 20, 1984

73

NOTICE OF STATUS CONFERENCE: 11/28/84 at 2:00 p.m. before Judge Castagna. (lgl) (Entered: 12/12/1991)

Aug. 24, 1984

Aug. 24, 1984

74

MOTION by Defendants with memorandum in support to continue status conference scheduled for 11/28/84. (lgl) (Entered: 12/12/1991)

Nov. 19, 1984

Nov. 19, 1984

75

ORDER: 1) That the status conference scheduled for November 28, 1984 at 2:00 p.m. is rescheduled for the 19th day of December 1984 at 2:00 o'clock. miscellaneous hearing to 2:00 11/28/84 for [73-1] notice ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

Nov. 21, 1984

Nov. 21, 1984

76

MOTION by Plaintiffs (with propsoed Memorandum of law of 45 pages) for summary judgment. Exhibits 1 through 28 in support of Memorandum [in separate folder] (lgl) (Entered: 12/12/1991)

Feb. 4, 1985

Feb. 4, 1985

77

REQUEST for permission to file a memorandum in excess of 20 pages in length. (lgl) (Entered: 12/12/1991)

Feb. 4, 1985

Feb. 4, 1985

78

MOTION & Memorandum by Plaintiffs for oral argument on the Motion for summary Judgment. (lgl) (Entered: 12/12/1991)

Feb. 4, 1985

Feb. 4, 1985

79

MOTION by Defendants for extension of time to Respond to Plantiffs' Motion for Summary Judgment. (lgl) (Entered: 12/12/1991)

March 4, 1985

March 4, 1985

80

RESPONSE by Plaintiffs to Defendants' [79-1] motion for extension of time to Respond to Plantiffs' Motion for Summary Judgment. (lgl) (Entered: 12/12/1991)

March 8, 1985

March 8, 1985

81

MOTION by counsel for Plaintiff Luis Armas-Sanchez for leave to withdraw as counsel. (lgl) (Entered: 12/12/1991)

March 8, 1985

March 8, 1985

82

MOTION by Plaintiffs for protective order. -Returned per #87. (lgl) (Entered: 12/12/1991)

March 8, 1985

March 8, 1985

83

ORDER: 1) that the Plaintiffs' [77-1] Motion is GRANTED; 2) That the Defendants' [79-1] Motion for enlargement of time is GRANTED and they shall file their response to the Plaintiffs' Motion for Summary Judgment within 20 days of receiving transcripts of Plaintiffs' depositions. ( Signed 3/12/85 by Judge William J. Castagna ) ( Notified 3/13/85) (lgl) (Entered: 12/12/1991)

March 13, 1985

March 13, 1985

84

MEMORANDUM by Plaintiffs in support of Plaintiffs' [76-1] motion for summary judgment. - Returned per #100 see #102. (lgl) (Entered: 12/12/1991)

March 13, 1985

March 13, 1985

85

RESPONSE by Defendants in opposition to [81-1] motion for leave to withdraw as counsel. (lgl) (Entered: 12/12/1991)

March 18, 1985

March 18, 1985

87

ORDER: 1) That the [82-1] motion for protective order is denied without prejudice; 2) That the Clerk shall return the Motion for Protective Order and the attached Memorandum of law with Exhibits to Plaintiffs' counsel. ( Signed by Judge William J. Castagna ) (lgl) (Entered: 12/12/1991)

March 21, 1985

March 21, 1985

88

MOTION by Defendants with memorandum in support to compel to produce documents and for for sanctions. (lgl) (Entered: 12/12/1991)

March 28, 1985

March 28, 1985

89

REPLY by Plaintiffs to Defendants response to Plaintiffs [81-1] motion for leave to withdraw as counsel. (lgl) (Entered: 12/12/1991)

March 29, 1985

March 29, 1985

90

MOTION by Plaintiffs for a discovery conference. (lgl) (Entered: 12/12/1991)

March 29, 1985

March 29, 1985

91

RENEWED MOTION by Plaintiffs for protective order regarding depositions. (lgl) (Entered: 12/12/1991)

March 29, 1985

March 29, 1985

92

ORDER: That the Defendants [88-1] motion to compel and [88-2] motion for sanctions is hereby DENIED without prejudice.( Signed by Thomas Wilson 3/29/85 and Notified 4/185. ) (lgl) (Entered: 12/12/1991)

March 29, 1985

March 29, 1985

93

RESPONSE by Defendants in opposition to Plaintiffs [90-1] motion for a discovery conference. (lgl) (Entered: 12/12/1991)

April 8, 1985

April 8, 1985

Case Details

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Jan. 10, 1983

Closing Date: 1992

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons whose vehicles have been or will be seized by agents from District Six of the Immigration and Naturalization Service and who have not been or will not be afforded a prompt probable cause hearing before an impartial individual.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Search policies

Immigration/Border:

Border police

Constitutional rights