University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Durgin v. De La Vina IM-AZ-0001
Docket / Court 4:95-cv-00029-JMR ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration
Case Summary
On January 17, 1995 two motorists who had been stopped by U. S. Border Patrol agents patrolling the Mexican border filed a class action lawsuit in the U.S. District Court for the District of Arizona, challenging the constitutionality of the stops. Plaintiffs alleged that the Border Patrol agents ... read more >
On January 17, 1995 two motorists who had been stopped by U. S. Border Patrol agents patrolling the Mexican border filed a class action lawsuit in the U.S. District Court for the District of Arizona, challenging the constitutionality of the stops. Plaintiffs alleged that the Border Patrol agents engaged in a pattern or practice of routinely stopping motorists without reasonable suspicion. Plaintiffs sought declaratory and injunctive relief, as well as class certification. Plaintiffs amended their complaint several times and moved for class certification.

Defendants objected to the class certification and moved to dismiss the case on the grounds that plaintiffs lacked standing to request injunctive relief. The Court converted that motion to one for summary judgment, when the parties submitted materials for the Court to consider.

On June 23, 1997, the District Court (Judge John M. Roll) granted defendants motion for summary judgment and dismissed the case. Judge Roll determined that plaintiffs did not sufficiently establish that they were at risk of being stopped again by Border Patrol, they lacked standing to pursue a case for injunctive relief. He also held that class certification was not appropriate. Durgin v. De La Vina, 74 F.R.D. 469, (D.Ariz. 1997). Plaintiffs appealed.

The Ninth Circuit Court of Appeals (Judge Rhoades) reversed and remanded the case. Durgin v. De La Vina, 165 F.3d 667 (9th Cir. 1999). Defendants moved for a rehearing en banc. Following rehearing, the Ninth Circuit en banc (Judge W. Fletcher) affirmed the dismissal of the case. Judge Fletcher's opinion held: (1) standing to seek damages did not alone serve as a basis for standing to seek equitable relief; (2) motorists did not establish a sufficient likelihood of future injury to warrant equitable relief; and (3) relief could not be based on injury of unnamed class members. Durgin v. De La Vina, 199 F.3d 1037 (9th Cir. En banc 1999).

Brian Ponton - 09/17/2007


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Issues and Causes of Action
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Issues
General
Search policies
Immigration
Border police
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Defendant(s) U.S. Immigration and Naturalization Service
United States Border Patrol
Plaintiff Description All persons who have been, are, or will be travelling at night by motor vehicle on Arizona and all persons who are of Latin, Hispanic or Mexican appearance who have been, are, or will be travelling by motor vehicle on Arizona highways.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2000
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
(D. Ariz.) 01/17/1995
IM-AZ-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
(U.S. Court of Appeals) 08/05/1997
IM-AZ-0001-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 06/23/1997 (174 F.R.D. 469) (D. Ariz.)
IM-AZ-0001-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 01/12/1999 (165 F.3d 667)
IM-AZ-0001-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Order 05/13/1999 (175 F.3d 761)
IM-AZ-0001-0001.pdf | WESTLAW| LEXIS | Detail
Opinion 12/21/1999 (199 F.3d 1037)
IM-AZ-0001-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Fletcher, William A. (Ninth Circuit)
IM-AZ-0001-0003
Hug, Procter Ralph Jr. (Ninth Circuit)
IM-AZ-0001-0001
Rhoades, John Skylstead Sr. (S.D. Cal.)
IM-AZ-0001-0002
Roll, John McCarthy (D. Ariz.)
IM-AZ-0001-0004 | IM-AZ-0001-9000
Monitors/Masters None on record
Plaintiff's Lawyers Morris, William Eric (Arizona)
IM-AZ-0001-0003 | IM-AZ-0001-9000 | IM-AZ-0001-9001
Salese, Armand (Arizona)
IM-AZ-0001-0002 | IM-AZ-0001-0003 | IM-AZ-0001-0004 | IM-AZ-0001-9000 | IM-AZ-0001-9001
Defendant's Lawyers Bombaugh, Robert L. (District of Columbia)
IM-AZ-0001-0003 | IM-AZ-0001-9001
Ellison, Brenda (District of Columbia)
IM-AZ-0001-0002 | IM-AZ-0001-0004 | IM-AZ-0001-9000 | IM-AZ-0001-9001
Gomez, Jane (District of Columbia)
IM-AZ-0001-0004
Guerin, Jennifer C. (Arizona)
IM-AZ-0001-0004 | IM-AZ-0001-9000 | IM-AZ-0001-9001
Hunger, Frank W. (District of Columbia)
IM-AZ-0001-0004 | IM-AZ-0001-9000
Jorgenson, Cindy K. (Arizona)
IM-AZ-0001-9000
Kline, David J. (District of Columbia)
IM-AZ-0001-0004 | IM-AZ-0001-9000
Napolitano, Janet (Arizona)
IM-AZ-0001-0004
Other Lawyers None on record

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