Ramirez v. Webb, K81-344.

• Decision Date: 07 August 1989
• Docket Number: No. K81-344.,K81-344.
• Citation: 719 F. Supp. 610
• Parties: Jesus RAMIREZ, et al., Plaintiffs, v. Jack E. WEBB, et al., both individually and in their official capacity as agents of the Immigration and Naturalization Service, et al., Defendants.
• Court: U.S. District Court — Western District of Michigan

719 F. Supp. 610

Jesus RAMIREZ, et al., Plaintiffs, v. Jack E. WEBB, et al., both individually and in their official capacity as agents of the Immigration and Naturalization Service, et al., Defendants.

No. K81-344.

United States District Court, W.D. Michigan, S.D.

August 7, 1989.

COPYRIGHT MATERIAL OMITTED

Michigan Migrant Legal Assistance Project, Inc. by Philip R. Riley, Gary Gershon, Scott Stensaas, Janice R. Morgan, Berrien Springs, Mich., Farmworker Justice Project by Christine Poplawski, Washington, D.C., for plaintiffs.

John Smietanka, U.S. Atty. by Agnes Kempker-Cloyd, Asst. U.S. Atty., Grand Rapids, Mich., for defendants.

OPINION

ENSLEN, District Judge.

On July 24, 25 and 26, 1989, the Court held a bench trial on the Bivens claims presented by plaintiffs Alfredo Solis Jr., Alfredo Solis III, and Joe Manuel Solis. These plaintiffs claim that the defendant, United States Border Patrol Agent Jerry L. Buzaitis, violated their Fourth Amendment right to be free from unreasonable seizures of their persons when he detained and questioned them without reasonable suspicion that they were illegal aliens. This opinion constitutes the Court's findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a) on those claims.

Findings of Fact

Plaintiff Joe Manuel Solis is an American citizen born in Wauchula, Florida on April 4, 1967. He was 14 years old when the incident at issue occurred. At that time, he was 5'4" tall and weighed approximately 110 pounds. Plaintiff Alfredo Solis III is an American citizen born in Wauchula, Florida on April 16, 1966. He was 15 years old at the time of this incident. Plaintiff Alfredo Solis, Jr. is an American citizen born in Pharr, Texas on February 28, 1945. He is the father of Joe Manuel Solis and Alfredo Solis III. Rebecca Solis is an American citizen born in Dallas, Texas on January 16, 1949. Although not a plaintiff in this action, she is married to Alfredo Solis, Jr. and is the step-mother of Joe Manuel Solis and Alfredo Solis III. Each member of the Solis family is an American citizen of Hispanic descent. At the time relevant to this suit, the Solis family were migrant farmworkers who traveled to Idaho, Texas, Florida and Michigan harvesting fruits and vegetables. On October 4, 1981, they resided in Belding, Michigan at the migrant labor camp of Doug Geldersma, for whom they worked harvesting apples.

Defendant Jerry Buzaitis has been a United States Border Patrol Agent since 1977. After an initial training period, he was stationed in San Isidro, California, a town on the Mexican border, where he remained until he transferred to Sault Ste. Marie, Michigan in March, 1981. At the time of this incident Agent Buzaitis had never been involved in a farm and ranch check. His experience as a Border Patrol Agent was limited exclusively to work at an international border. At all times relevant to this suit, Agent Buzaitis believed he had the authority to temporarily detain or seize a person if he had a reasonable suspicion that the person was an alien. During the course of this litigation, he learned for the first time that he could seize a person only if he had a reasonable, articulable suspicion of illegal alienage. Although Agent Buzaitis knew in 1981 that some migrant farmworkers were illegal aliens, he had no idea what percentage of migrant farmworkers were citizens or lawful resident aliens and what percentage were illegally present in this country.

On October 4, 1981, Agent Buzaitis drove to Belding, Michigan in a marked Border Patrol car, where he was to meet other agents and participate in a farm and ranch check detail. A farm and ranch check is designed to discover and apprehend illegal aliens working as migrant farmworkers. Agent Buzaitis arrived in Belding before the other agents and parked his car in a gas station parking lot at the corner of M-44 and Bridge Street to wait for his superior. M-44 is a busy street and there was much traffic. Some passersby noticed Agent Buzaitis' car as it sat parked in the lot.

On the afternoon of the same day, Joe Manuel Solis, Alfredo Solis III and Alfredo Solis Jr. left their home at the Geldersma farm and drove into Belding to use a pay phone. They were going to call their grandmother who lives in Dallas, Texas. The men drove to Belding in Alfredo Solis Jr.'s 1972 Dodge pickup truck with Alabama license plates. The Solis plaintiffs were wearing ordinary "American" clothes, such as Levis, button-down shirts and boots. Joe Manuel wore a wide-brimmed black hat. The boys had done some work that morning and did not change their clothes before going to Belding. Their clothes may have been somewhat soiled and there may have been dust on their boots.

The Solis plaintiffs drove to a public phone in a parking lot located across the street from the parking lot where Agent Buzaitis parked his car. None of the Solis plaintiffs noticed Agent Buzaitis sitting in his parked car. Joe Manuel and Alfredo III got out of the truck and stood next to the pay phone while their father remained in the truck, speaking to them and teaching them how to make a long distance phone call. The boys were paying attention to their father and were not aware of things happening around them.

Agent Buzaitis stared at the boys through binoculars from his vantage point across the street. He does not recall how long he surveilled them from his car. Agent Buzaitis did not see the boys' father, who remained seated in the pickup truck. Agent Buzaitis testified that he observed two males who appeared to be of Hispanic descent standing next to a pickup truck with their backs toward him. One of the males wore a black wide brimmed hat and appeared to be shielding his face. Both were wearing dirty field clothes. Agent Buzaitis testified that he believed the men to be nervous, and that they were looking at the ground as if to avoid his gaze. He could not hear what the men he saw were saying and did not know they were talking to someone in the truck.¹ Based on these observations, Agent Buzaitis believed the men were migrant farmworkers and were possibly illegal aliens.

Agent Buzaitis then drove his car across the street and got out to question the boys further. He parked his car in front of and slightly to the right of the pickup truck, to prevent it from driving away. The Solis boys first noticed Agent Buzaitis when he closed his car door to approach them. Agent Buzaitis was armed and in uniform. The plaintiffs did not realize at first that he was a Border Patrol Agent or an employee of the Immigration and Naturalization Service. Agent Buzaitis did not verbally identify himself.

As he approached the boys, Agent Buzaitis said in English either "How's it going?" or "What are you doing here?" Alfredo Solis Jr. answered from the truck, "We are making a phone call. Is that against the law in this town?" Agent Buzaitis asked Alfredo Solis III whether he was an American citizen or where he was born. Alfredo Solis III answered in English that he was a citizen. I find that Alfredo Solis did not produce a birth certificate. Agent Buzaitis asked Joe Manuel Solis whether he was an American citizen, or where he was born. Joe Manuel answered in English that he was a citizen. Agent Buzaitis asked Joe Manuel several questions regarding his status, and repeated some of these questions even after Joe Manuel answered them. Both boys believed Agent Buzaitis posed the questions in an aggressive, demanding manner. Although I find that Agent Buzaitis asked the questions in an authoritative tone of voice, and that he pointed at each boy as he spoke, I do not find that he had his hand on his gun or that his conduct was overly aggressive or outside the bounds of reasonable behavior by a law enforcement officer. I further find that neither boy produced a birth certificate or other documentation.²

As Agent Buzaitis questioned the boys, Alfredo Solis Jr. attempted to explain that he was the boys' father and an American citizen. Agent Buzaitis was unaware of these comments, either because he did not hear them or because he was intent on questioning the boys. After Alfredo III and Joe Manuel had indicated that they were American citizens, Agent Buzaitis continued to question Joe Manuel in an aggressive manner. At this point, Alfredo Solis Jr. said to the boys, "Get in the truck. This man is harassing you," or words to that effect. Alfredo Solis III walked around the front of the truck while Joe Manuel walked around the back to get to the passenger side. Neither boy ran. Agent Buzaitis followed Joe Manuel around the truck to prevent him from getting in.

Agent Buzaitis caught up with Joe Manuel as the boy reached the door of the truck. He grabbed Joe Manuel with both hands and swung the boy around to face him. Agent Buzaitis may have pulled the boy toward him to restrain him from fleeing. Although I do not find that Agent Buzaitis used the degree of force testified to by plaintiffs, I find that he did use some force in preventing Joe Manuel from entering the truck and that due to this use of force Joe Manuel suffered a bruise on his chest. In short, I conclude that the degree of force used was neither as egregious as plaintiffs' claim nor as benign as the defendant claims.

Alfredo Solis III was frightened by this conduct. He continued to stand in front of the truck because he was frightened that Agent Buzaitis would grab him if he tried to get in the truck. Alfredo Solis Jr. was also concerned for his own safety and that of his sons. Both were angered by the incident and Alfredo Solis III was embarrassed, thinking that passersby might think he and his brother were criminals.

Continuing his hold on Joe Manuel, Agent Buzaitis forced the boy to walk with him to the nearby patrol car. Joe Manuel walked with some reluctance. I believe it an exaggeration to say that he was "dragged" to the car by Agent Buzaitis, but I find that he did not willingly accompany the agent to the...