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RAMIREZ v. WEBB

No. 86-1291.

835 F.2d 1153 (1987)

Jesus RAMIREZ; et al., Plaintiffs-Appellees, v. Jack E. WEBB; Gregory Kowalski; Michael Went; John D. Helgeson; Michael T. Hawes; George Dahl; Robert Wallis; Daniel Moritz; Timothy Houghtaling; Manfred Zarfl; Gregory Bednarz; John Dam; Frank Falowksi; James Wellman and Oscar Gonzalez, both individually and in their official capacities as agents of the Immigration and Naturalization Service; James Montgomery; Paul E. McKinnon; Edward Short; Robert Wagus; Jerald D. Jondall; Emil Orsack; Ricky Dixon; James D. Kunkle; Brian F. Munson; James F. Gilmore; Stanley R. DeSonia; Donald C. Teeple; Stephen E. Nusbaum; Edward T. Farley; Ronald Dowdy; Edwin W. Earl; Charles L. Huffman; Robert J. McNamara; James J. Higgins; Kenneth S. Harris; and Larry G. Launder in their official capacities; The United States Immigration and Naturalization Service, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 23, 1987.

Rehearing and Rehearing Denied March 17, 1988.

Attorney(s) appearing for the Case

Anne Vandermale Tuuk (argued), Asst. U.S. Atty., Grand Rapids, Mich., Agnes Kempker-Cloyd, Asst. U.S. Atty., Morris Deutsch, Office of Immigration Litigation, Washington, D.C., for defendants-appellants.

Philip R. Riley (argued), Michigan Migrant Legal Assis. Project, Inc., St. Joseph, Mich., Edward F. Preston, East Lansing, Mich., Gary Gershon, Michigan Migrant Legal Assis. Project, Inc., Grand Rapids, Mich., for plaintiffs-appellees.

Before KENNEDY and KRUPANSKY, Circuit Judges; and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 17, 1988.

BAILEY BROWN, Senior Circuit Judge.

Defendants, agents of the Immigration and Naturalization Service ("INS"), appeal the district court's denial of their motions for partial summary judgment on the grounds of qualified immunity. Plaintiffs contend, in this Bivens-type action, that the defendant INS agents are liable to them for damages for violation of their fourth amendment rights by authorizing...

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