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Case Name La Duke v. Nelson IM-WA-0010
Docket / Court 2:77-cv-00356-RJM ( E.D. Wash. )
State/Territory Washington
Case Type(s) Immigration
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 ... read more >
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.

Erica Woodruff - 08/09/2007


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Issues and Causes of Action
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Issues
Immigration
Border police
Constitutional rights
Detention - procedures
Employment
ICE/DHS/INS raid
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Defendant(s) Immigration and Naturalization Service
U.S. Border Patrol
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.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1982 - n/a
Case Closing Year n/a
Case Ongoing Unknown
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)
2:77-cv-00356-RJM (E.D. Wash.) 12/06/1977
IM-WA-0010-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 12/23/1982 (560 F.Supp. 158) (E.D. Wash.)
IM-WA-0010-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 06/10/1985 (762 F.2d 1318)
IM-WA-0010-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 08/07/1986 (796 F.2d 309)
IM-WA-0010-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Alarcon, Arthur Lawrence (Ninth Circuit)
IM-WA-0010-0002 | IM-WA-0010-0003
Farris, Joseph Jerome (Ninth Circuit)
IM-WA-0010-0002 | IM-WA-0010-0003
Ferguson, Warren John (C.D. Cal., Ninth Circuit)
IM-WA-0010-0002 | IM-WA-0010-0003
McNichols, Robert James (E.D. Wash.)
IM-WA-0010-0001 | IM-WA-0010-9000
Monitors/Masters None on record
Plaintiff's Lawyers Fox, Michael J. (Washington)
IM-WA-0010-0001 | IM-WA-0010-0002 | IM-WA-0010-0003
Moore, Erin (Washington)
IM-WA-0010-0001
Defendant's Lawyers Golding, Marshall Tamal (District of Columbia)
IM-WA-0010-0002 | IM-WA-0010-0003
Gray, Carroll D. (Washington)
IM-WA-0010-0001
Lamp, John (Washington)
IM-WA-0010-0001
Other Lawyers None on record

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