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GALLEGOS v. HAGGERTY

No. 86-CV-723.

689 F.Supp. 93 (1988)

Hermenegildo GALLEGOS, Francesca Gallegos, Jorge Gallegos, Maria Gallegos, Norma, Luis, and Jose Gallegos, all infants, by their father, Hermenegildo Gallegos, and Jesse Carreon, Plaintiffs, v. Thomas P. HAGGERTY, individually and in his official capacity as a Supervisory Border Patrol Agent, Griffith D. Bassett and James A. Russell, individually and in their official capacities as U.S. Border Patrol Agents, William F. Dickman, individually and in his official capacity as Chief Border Patrol Agent, Stanley E. McKinley, in his official capacity as the District Director of the Immigration and Naturalization Service, and the United States of America, Defendants.

United States District Court, N.D. New York.

April 12, 1988.

Attorney(s) appearing for the Case

Farmworker Legal Services, of New York, Inc., Rochester, N.Y., Walter H. Ruehle, of counsel, for plaintiffs.

U.S. Dept. of Justice, Torts Branch, Civ. Div., Washington, D.C., Marianne Finnerty, of counsel, for defendants.

DECISION AND ORDER

McAVOY, District Judge.

Plaintiffs commenced this action against the United States, and officers and agents of the Immigration and Naturalization Service ("INS"), alleging violations of the First, Fourth, Fifth, and Ninth Amendments, the Federal Tort Claims Act ("FTCA"), and 42 U.S.C. Sections 1981, 1985(3), and 1986.

Plaintiffs are two adult migrant farmworkers, Hermenegildo and Francesca Gallegos, their five children, Jorge,...

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