MEDINA v. O'NEILL

Civ. A. Nos. H-81-2928, H-81-3242.

589 F.Supp. 1028 (1984)

Jesus A. MEDINA a/k/a Juan Bermudez-Valencia, Alvaro Montano a/k/a Wilson Quinones-Olaya by and through his next friend Franklin Montano, Plaintiffs, v. Paul B. O'NEILL, Individually and as District Director of the Immigration and Naturalization Services of the Department of Justice, Carl Jensen, Individually and in his capacity as Immigration and Naturalization Investigator, Immigration and Naturalization Service of the Department of Justice, E.S. Bennings Company, and Danner, Inc., Defendants, and Third-Party-Plaintiffs, v. FLOTA MERCANTE GRANCOLOMBIANA, S.A., Third-Party-Defendant. Maria DEL GARCIA, Mother and Next Friend of Ramon Garcia, Plaintiff, v. Paul B. O'NEILL, et al., Defendants.

United States District Court, S.D. Texas, Houston Division.

May 7, 1984.


Attorney(s) appearing for the Case

Stefan Presser, American Civil Liberties Union, Houston, Tex., for plaintiffs.

Thomas B. Greene, III, Crain, Caton, James & Womble, Houston, Tex., for third party defendant Flota Mercante Grancolombiana S.A.

Robert G. Taylor, II, Boswell, O'Toole, Davis & Pickering, Michael K. Suarez, Asst. U.S. Atty., Houston, Tex., Bradley A. Jackson, Royston, Rayzor, Vickery & Williams, Houston, Tex., for defendants.


MEMORANDUM AND ORDER

SINGLETON, Chief Judge.

Plaintiffs in the above-styled consolidated action bring this suit against defendants alleging violations of 8 U.S.C. §§ 1223, 1323(d) (1976) and the fourth and fifth amendments of the United States Constitution. Presently before this court are plaintiffs' motion for partial summary judgment against all the federal defendants and defendants' motion to dismiss.

BACKGROUND

The court finds...

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