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.

Erica Woodruff - 08/20/2007


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