CHAIREZ v. COUNTY OF VAN BUREN

No. K 79-429.

542 F.Supp. 706 (1982)

Jose Olvera CHAIREZ, Plaintiff, v. The COUNTY OF VAN BUREN; Myron Southworth, Undersheriff of Van Buren County; both individually and in their official capacities; and the United States Immigration and Naturalization Service; Paul McKinnon, District Director, Detroit District; Paul Christopher, Assistant Director of Deportations; Jerald D. Jondall, Chief, Border Patrol; all individually and in their official capacities and William Duckham, Ronald Dowdy and Robert McNamara, Defendants.

United States District Court, W. D. Michigan, S. D.

June 24, 1982.


Attorney(s) appearing for the Case

Gail McCarthy & Vincent Beckman, Mich. Migrant Legal Assistance Project, Inc., Berrien Springs, Mich., Ronald Kirschenheiter, Mich. Migrant Legal Assistance Project, Inc., Grand Rapids, Mich., for plaintiff.

Ward S. Hamlin, Jr., Paw Paw, Mich., for county defendants.

Robert Greene, Grand Rapids, Mich., for federal defendants.


OPINION

ENSLEN, District Judge.

Plaintiff has filed a Second Amended Complaint in this action which arose as a result of a stop and arrest by Defendants John Gaborik and John Baldwin.1 He seeks relief against the federal Defendants under a Bivens-type theory for alleged violation of his constitutional rights, under 42 U.S.C. §§ 1985 and 1986, and under federal immigration laws and regulations. Currently, this...

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