Case: La Duke v. Nelson

2:77-cv-00356 | U.S. District Court for the Eastern District of Washington

Filed Date: Dec. 6, 1977

Clearinghouse coding complete

Case Summary

On or about December 6, 1977, a class of farm laborers residing in the Spokane Sector (comprised of the Eastern District of Washington, a portion of Northern Idaho, and a portion of Western Montana) filed a lawsuit in the U.S. District Court for the Eastern District of Washington, challenging raids of their farm labor dwellings units by Border Patrol agents and federal immigration officials. Plaintiffs claimed that federal officers conducted warrantless searches, seizures and interrogations of…

On or about December 6, 1977, a class of farm laborers residing in the Spokane Sector (comprised of the Eastern District of Washington, a portion of Northern Idaho, and a portion of Western Montana) filed a lawsuit in the U.S. District Court for the Eastern District of Washington, challenging raids of their farm labor dwellings units by Border Patrol agents and federal immigration officials. Plaintiffs claimed that federal officers conducted warrantless searches, seizures and interrogations of farm workers in violation of the Fourth Amendment. They sought declaratory and injunctive relief.

The government denied the allegations and claimed the searches were justified on the basis of consent.

On December 23, 1982, the District Court (Judge McNichols) issued a permanent injunction prohibiting Border Patrol and INS agents from conducting further raids. LaDuke v. Nelson, 560 F.Supp. 158 (E.D.Wash.1982). The Court then awarded attorneys' fees to plaintiffs under the Equal Access to Justice Act. Defendants appealed.

The Court of Appeals for the Ninth Circuit (Judge Ferguson) affirmed. LaDuke v. Nelson, 762 F.2d 1318 (9th Cir.1985). That opinion was subsequently modified in part as to the calculation of attorneys' fees. LaDuke v. Nelson, 796 F.2d 309 (9th Cir. 1986).

We have no further information on this case.

Summary Authors

Erica Woodruff (8/9/2007)

People


Judge(s)

Alarcón, Arthur Lawrence (California)

Farris, Joseph Jerome (Washington)

Ferguson, Robert W. (Washington)

McNichols, Robert James (Washington)

Attorneys(s) for Plaintiff

Fox, Michael J. (Washington)

Moore, Erin (Washington)

Attorneys(s) for Defendant

Golding, Marshall Tamal (District of Columbia)

Gray, Carroll D. (Washington)

Lamp, John (Washington)

Judge(s)

Alarcón, Arthur Lawrence (California)

Farris, Joseph Jerome (Washington)

Ferguson, Robert W. (Washington)

McNichols, Robert James (Washington)

Attorneys(s) for Plaintiff

Fox, Michael J. (Washington)

Moore, Erin (Washington)

Attorneys(s) for Defendant

Golding, Marshall Tamal (District of Columbia)

Gray, Carroll D. (Washington)

Lamp, John (Washington)

Documents in the Clearinghouse

Document

Docket (PACER)

Laduke v. Nelson

Dec. 6, 1977 Docket

Opinion

LaDuke v. Nelson

560 F.Supp. 158, 1982 U.S.Dist.LEXIS 10044

Dec. 23, 1982 Order/Opinion

Opinion

LaDuke v. Nelson

U. S. Court of Appeals for the Ninth Circuit

762 F.2d 1318

June 10, 1985 Order/Opinion

Opinion

LaDuke v. Nelson

U. S. Court of Appeals for the Ninth Circuit

796 F.2d 309

Aug. 7, 1986 Order/Opinion

Docket

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

Docket sheet not available via the Clearinghouse.

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 6, 1977

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

A class of farm laborers living in the Spokane Sector who were subjected to immigration warrantless raids at their farm labor dwelling units.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Immigration and Naturalization Service, Federal

U.S. Border Patrol, 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

Source of Relief:

Litigation

Order Duration: 1982 - None

Issues

Immigration/Border:

Border police

Constitutional rights

Detention - procedures

Employment

ICE/DHS/INS raid