Muniz-Muniz v. U.S. Border Patrol

Individual plaintiffs alleged that they were illegally stopped, searched, or detained by the U.S. Border Patrol for the Sandusky Bay Ohio Station, based upon their Hispanic appearance, race and ethnicity. They claimed that in the three years the station has been open, 61.8% to 85.6% of those apprehended have been Hispanic, and use of racial slurs by agents. Plaintiffs sought equitable relief and monetary damages under Bivens v. Six Unknown Agents and 42 U.S.C. 1983, 1985, and 1986, and claimed that agents had violated the Immigration and Nationality Act, 8 U.S.C. 1101, and the Fourth and Fifth Amendments. The complaint alleged conspiracy between the Border Patrol and municipalities, police chiefs and individual officers, to violate the civil rights of Hispanics. An amended complaint added the Administrative Procedures Act, 5 U.S.C. 702, as a source of jurisdiction. Plaintiffs settled their claims with local agencies. The district court denied plaintiffs’ request to add claims under the Federal Tort Claims Act, 28 U.S.C. 2671 and dismissed, determining that it lacked subject matter jurisdiction because plaintiffs had failed to establish waiver of sovereign immunity. The Sixth Circuit reversed. The APA section 702 waiver of sovereign immunity extends to all non-monetary claims against federal agencies and their officers sued in their official capacity, regardless of whether plaintiff seeks review of “agency action” or “final agency action” as set forth in section 704.View "Muniz-Muniz v. U.S. Border Patrol" on Justia Law