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Case ID: 3800 | Civil Rights | 10/19/2004
A class action has been filed against John Ashcroft, the Department of Homeland Security and others for failing to issue documentation (green cards) to lawful permanent residents (LPRs) of the United States. Class members allege that the government's inaction has caused them profound injuries such as the inability to attain employment and fear of being detained or deported.
Class members claim that without proper documentation, they cannot re-enter the United Sates if they travel abroad, obtain Social Security cards, drivers' licenses, in-state tuition and financial aid for college and unemployment benefits. Specifically, the complaint alleges that Maria Santillan, a native of Mexico, has lived in the U.S. for almost 20 years. In May 2003, she was granted LPR status on the basis that she and her mother were victims of abuse by her father. Sixteen months later, she has not received proof of that status. She lost her job with a major retail chain where she was about to be promoted, because she could not prove she was authorized to work. Class members seek mandamus (a command to perform a lawful duty), declaratory and injunctive relief. The case, filed in July of 2004, was granted class certification on October 14, 2004. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Civil Rights Cases of Interest A nationwide class action has been filed in Kentucky against mortgage insurance giant, Triad Guaranty Insurance Corporation. The action is brought on behalf of all U.S. residents who have obtained mortgage insurance from Triad at a less than best rate, and have not been informed that an adverse decision was made against them as a result of utilizing a credit report. The action is brought under the federal Fair Credit Reporting Act and seeks actual and statutory damages as well as injunctive and declaratory relief. A statewide collective action has been filed in Florida against Excellence In Stone, Inc. The action is brought on behalf of all hourly employees of Excellence who were not paid proper overtime compensation. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants are required to "opt-in" to the case in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants. A class action lawsuit has been filed against discount retail giant Wal-Mart Stores Inc. on behalf of persons of African American descent who applied and were rejected for truck driving positions based out of Wal-Mart distribution centers in Texas, Arkansas, Louisiana, Mississippi, Tennessee, Georgia, Missouri, Alabama and Kentucky. The action also seeks to represent persons of African American descent who would have applied for driving positions, but were deterred from doing so by their perception that Wal-Mart was biased against applicants of African American descent. The action seeks to enjoin Wal-Mart from continuing the alleged discriminatory practices and seeks financial damages for the rejected job applicants. A national collective action has been filed in Florida against Japanese restaurant giant, Benihana, Inc. The action is brought on behalf of all current and former employees, who since April 2001, were not paid proper statutory minimum wage for all hours worked. The action is brought under the federal Fair Labor Standards Act and seeks back pay, statutory and liquidated damages as well as declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members. A statewide class action has been filed in Indiana against Capital Recovery Associates, Inc. who operate under the name CRA Security Systems. The action is brought on behalf of all Indiana residents who received a form type collection letter demanding immediate payment of the consumers’ alleged debt. The action is brought under the federal Fair Debt Collection Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A statewide collective action has been filed in Florida against Melco Electric, Inc. The action is brought on behalf of all current and former employees, who since March 2001, were not paid proper statutory overtime for all hours worked beyond 40 per week. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as declaratory and
injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members.
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