Loya v. Immigration and Naturalization Service, No. 75-2826

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtBefore CHOY and ANDERSON; CHOY
Citation583 F.2d 1110
PartiesYolanda LOYA, Max Anthony, a minor, by his next friend, Mark Rosenbaum, Gerald Duarte de A, a minor, by his next friend, Mark Rosenbaum, Velia Limon, Santos Castellon, Toribio Cortez Martinez, Maria Eugenia Sanches, Jose Cardenas Hidalgo, Mario Rene Amado-Perez, Rogelio Duenas, Rodrigo Ramirez-Lemus, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, v. IMMIGRATION AND NATURALIZATION SERVICE, Donald T. Williams, Acting Director, Los Angeles District, Immigration and Naturalization Service, Elliot L. Richardson, Attorney General of the United States, James F. Greene, Acting Commissioner, Immigration and Naturalization Service, Carl R. Fisher, Investigator, Immigration and Naturalization Service, Defendants-Appellees.
Docket NumberNo. 75-2826
Decision Date13 October 1978

Page 1110

583 F.2d 1110
Yolanda LOYA, Max Anthony, a minor, by his next friend, Mark
Rosenbaum, Gerald Duarte de A, a minor, by his next friend,
Mark Rosenbaum, Velia Limon, Santos Castellon, Toribio
Cortez Martinez, Maria Eugenia Sanches, Jose Cardenas
Hidalgo, Mario Rene Amado-Perez, Rogelio Duenas, Rodrigo
Ramirez-Lemus, on behalf of themselves and all other persons
similarly situated, Plaintiffs-Appellants,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Donald T. Williams,
Acting Director, Los Angeles District, Immigration and
Naturalization Service, Elliot L. Richardson, Attorney
General of the United States, James F. Greene, Acting
Commissioner, Immigration and Naturalization Service, Carl
R. Fisher, Investigator, Immigration and Naturalization
Service, Defendants-Appellees.
No. 75-2826.
United States Court of Appeals,
Ninth Circuit.
Oct. 13, 1978.

Page 1111

Fred Okrand (argued), Los Angeles, Cal., for plaintiffs-appellants.

Barry J. Trilling, Asst. U. S. Atty., Los Angeles, Cal., for defendants-appellees.

Appeal from the United States District Court for the Central District of California.

Before CHOY and ANDERSON, Circuit Judges, and PALMIERI, * District Judge.

CHOY, Circuit Judge:

I. Background

On May 23, 1973, the Immigration and Naturalization Service (INS) instituted an "augmented" program in the Los Angeles area to apprehend illegal aliens with a significantly increased number of officers. The program was of limited duration, ending on either June 20 or June 22, 1973. On June 22, 1973, Loya and several others of Mexican ancestry filed suit in the district court against the INS and named INS officials, alleging that INS officers had used illegal "dragnet" tactics and had stopped and detained over 11,000 persons solely on the basis of "Latin-American" appearance. Plaintiffs moved for certification of the cause as a class action for all those of Latin-American appearance. They also sought injunctive relief against alleged violations of their constitutional and statutory rights by INS officers, an order that INS return to the United States those plaintiffs allegedly deported unlawfully, and a declaratory judgment regarding the alleged unlawful INS behavior. Finally, they sought damages for the named plaintiffs and attorneys' fees.

The district court denied plaintiffs' motion for a temporary restraining order because the "augmented" program had ceased. This denial was not appealed to this Court. The denial of a preliminary injunction also was not appealed to this Court.

Page 1112

The district court refused to certify the suit as a class action. The court also granted in part defendants' motion for summary judgment. The court held that plaintiffs were not entitled to injunctive relief as a matter of law.

From these last two rulings plaintiffs appeal. We conclude that this Court lacks jurisdiction to hear the appeal as to class certification, but that the partial summary judgment decision is appealable; so we affirm in part and reverse in part.

II. Appealability

A. Injunctive Relief

The district court's granting of partial summary judgment holding injunctive relief unavailable is appealable under 28 U.S.C. § 1292(a)(1).

Section 1292(a)(1) makes appealable "(i)nterlocutory orders of the district courts . . . granting, continuing, modifying, refusing or dissolving injunctions . . . ." This Court has "interpreted section 1292(a) as allowing appeals from orders either narrowing the range of activity about which plaintiffs seeking an injunction may complain . . . or restricting the breadth of relief to which such plaintiffs might otherwise be entitled." Waters v. Heublein, Inc., 547 F.2d 466, 468 (9th Cir. 1976), Cert. denied, 433 U.S. 915, 97 S.Ct. 2988, 53 L.Ed.2d 1100 (1977). See Spangler v. United States, 415 F.2d 1242, 1246 (9th Cir. 1969).

The district court below granted partial summary judgment, denying injunctive relief as to all claims in the case. By making injunctive relief unavailable, the decision restricted the breadth of relief which plaintiffs might obtain. The order is thus appealable under § 1292(a)(1). See Gardner v. Westinghouse Broadcasting Co., --- U.S. ----, ----, 98 S.Ct. 2451, 57 L.Ed.2d 364 (1978); Safe Flight Instrument Corp. v. McDonnell-Douglas Corp., 482 F.2d 1086, 1093 (9th Cir.), Cert. denied, 414 U.S. 1113, 94 S.Ct. 843, 38 L.Ed.2d 740 (1973); Talon, Inc. v. Union Slide Fasteners, Inc., 249 F.2d 308, 308 (9th Cir. 1957).

B. Class Certification

The denial of class certification is not appealable.

Denial of class certification constitutes an interlocutory decision, unappealable unless it falls within one of the exceptions to the final judgment rule of 28 U.S.C. § 1291. Coopers & Lybrand v. Livesay, --- U.S. ----, ----, 98 S.Ct. 2454, 57 L.Ed.2d 351 (1978). No such exception applies here.

First, the order may not be appealed under the "collateral order" exception to the final judgment rule enunciated in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 546-47, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), allowing appeals from interlocutory orders collateral to and independent of the issues remaining to be litigated. Recently the Supreme Court held that "(a)n order passing on a request for class certification does not fall in that category." Coopers & Lybrand, --- U.S. at ----, 98 S.Ct. at 2458. The Court noted that such orders can be revised by the district court, involve issues intertwined with the merits, and can be reviewed effectively after final judgment. Id.

Second, the order is not appealable under the "death knell" doctrine. Many of the Courts of Appeals, including this Court, have held denials of class certification appealable when as a practical matter the litigants would not proceed with a purely individual action. The courts have reasoned that because the denial of class certification constituted the "death knell" for the action, the denial had the effect of a final decision and was therefore appealable under § 1291....

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23 practice notes
  • Orantes-Hernandez v. Smith, No. CV 82-1107-Kn.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • 2 Junio 1982
    ...restraint. See Illinois Migrant Council v. Pilliod, supra; Lankford v. Gelston, 364 F.2d 197 (4th Cir. 1966). See generally Loya v. INS, 583 F.2d 1110, 1114 (9th Cir. 1978) (court notes that it would be inclined to enjoin future misconduct by the INS in using dragnet tactics to pick up ille......
  • Sierra Club v. Penfold, Nos. 87-3597
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 21 Octubre 1988
    ...1292(a)(1) in that denial of the motion for partial summary judgment could be construed as denial of an injunction. See Loya v. INS., 583 F.2d 1110, 1112 (9th On the merits, we determined that Sierra Club's challenge to BLM's Notice mine practices could be construed: (1) as requiring each N......
  • Zepeda v. U.S. I.N.S., No. 80-5464
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 26 Marzo 1985
    ..."active conduct" enjoined in Allee v. Medrano, 416 U.S. 802, 94 S.Ct. 2191, 40 L.Ed.2d 566 (1974)). See also Loya v. INS, 583 F.2d 1110, 1114 (9th Cir.1978) (reversing grant of partial summary judgment denying injunctive relief) ("injunctive relief may be available as to futu......
  • U.S. v. Alcon Laboratories, Nos. 80-1188
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 24 Febrero 1981
    ...473 F.2d at 1378 and Perales, supra, 412 F.2d at 48 with Coopers & Lybrand, supra, 437 U.S. at 469, 98 S.Ct. at 2458 and Loya v. INS, 583 F.2d 1110 (9th Cir. 1978) and Barfield v. Weinberger, 485 F.2d 696 (5th Cir. 1973). Fourth and finally, the characteristic of importance is also pres......
  • Request a trial to view additional results
23 cases
  • Orantes-Hernandez v. Smith, No. CV 82-1107-Kn.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Central District of California
    • 2 Junio 1982
    ...restraint. See Illinois Migrant Council v. Pilliod, supra; Lankford v. Gelston, 364 F.2d 197 (4th Cir. 1966). See generally Loya v. INS, 583 F.2d 1110, 1114 (9th Cir. 1978) (court notes that it would be inclined to enjoin future misconduct by the INS in using dragnet tactics to pick up ille......
  • Sierra Club v. Penfold, Nos. 87-3597
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 21 Octubre 1988
    ...1292(a)(1) in that denial of the motion for partial summary judgment could be construed as denial of an injunction. See Loya v. INS., 583 F.2d 1110, 1112 (9th On the merits, we determined that Sierra Club's challenge to BLM's Notice mine practices could be construed: (1) as requiring each N......
  • Zepeda v. U.S. I.N.S., No. 80-5464
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 26 Marzo 1985
    ...distinguishing "active conduct" enjoined in Allee v. Medrano, 416 U.S. 802, 94 S.Ct. 2191, 40 L.Ed.2d 566 (1974)). See also Loya v. INS, 583 F.2d 1110, 1114 (9th Cir.1978) (reversing grant of partial summary judgment denying injunctive relief) ("injunctive relief may be available as to futu......
  • U.S. v. Alcon Laboratories, Nos. 80-1188
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • 24 Febrero 1981
    ...473 F.2d at 1378 and Perales, supra, 412 F.2d at 48 with Coopers & Lybrand, supra, 437 U.S. at 469, 98 S.Ct. at 2458 and Loya v. INS, 583 F.2d 1110 (9th Cir. 1978) and Barfield v. Weinberger, 485 F.2d 696 (5th Cir. 1973). Fourth and finally, the characteristic of importance is also present ......
  • Request a trial to view additional results

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