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HODGERS-DURGIN v. DE LA VINA

No. 97-16449.

165 F.3d 667 (1999)

Panchita HODGERS-DURGIN, individually and on behalf of all others similarly situated; Antonio V. Lopez, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Gustavo de la VINA, in his official capacity; Ronald E. Sanders, in his official capacity; Stephen Norman, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 12, 1999.

Attorney(s) appearing for the Case

Armand Salese, Salese & McCarthy, Tucson, Arizona, for plaintiffs-appellants.

Brenda E. Ellison, Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C., for defendants-appellees.

Before: BROWNING and SNEED, Circuit Judges, and RHOADES, District Judge.

Opinion by Judge RHOADES; Dissent by Judge SNEED.

RHOADES, District Judge:

I. Overview

Plaintiffs, suing on behalf of themselves and a class of persons, allege that the United States Border Patrol routinely stops Arizona motorists without reasonable suspicion, in violation of the Fourth Amendment. Plaintiffs have sued three supervisory officials of the Border Patrol.

Plaintiffs appeal from the district...

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