Schedule a Consultation | Toll Free: 1-800-678-1307
Trial lawyers specializing in personal injury and civil litigation

Federal Court says claimants alleging Federal Government abuse of constitutional rights do not need to exhaust administrative remedies if no damages sought

Maria Muniz-Muniz and other hispanic plaintiffs sued the U.S. Border Patrol for an injunction.  They alleged a violation of their civil rights arising out of the Border Patrol's policy of stopping persons of hispanic appearance to investigate their residency status.  They did not seek money damages, but rather sought an injunction that would eliminate the practice as a clear violation of the Fourth Amendment's rules regarding "reasonable search and seizure."  The Defendant argued that they could not seek an injunction without exhausting administrative procedures relating to bureaucratic rules.  The Court nixed his argument and held that since no money damages were sought, the Plaintiffs enjoyed "standing" to challenge the Border Patrol's unconstitutional activity.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262