Maria Muniz-Muniz v. United States Border Patrol
2013 U.S. App. LEXIS 25400
6th Cir.2013Background
- Plaintiffs seek prospective, non-monetary injunctive relief against the United States Border Patrol and DHS components for alleged racial profiling of Hispanics in Ohio.
- The Sandusky Bay Station opened in 2009 and operates under a Primary Operational Domain spanning from Lucas County to Cuyahoga County.
- District court dismissed for lack of subject matter jurisdiction, ruling §702 does not waive immunity absent §704-based review; plaintiffs appealed the dismissal.
- Plaintiffs previously dismissed with prejudice monetary claims against local police entities but retained rights to amend for non-monetary relief against federal defendants.
- Court holds that §702 waives sovereign immunity for non-monetary claims against federal agencies and officers sued in official capacity, regardless of §704 review constructs, and reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does §702 waive sovereign immunity for non-monetary injunctive claims against federal agencies/officers? | Muniz-Muniz supports §702 waiver for non-monetary relief. | Defendants contend §704 conditions limit §702 waiver. | Yes; §702 waives immunity for non-monetary claims. |
| Must §704 be satisfied for §702 waivers in non-monetary actions brought against the United States? | §702 waiver applies regardless of §704 constraints. | §704 requirements must be met to permit review. | §704 is not a prerequisite to §702 waiver for non-monetary relief. |
| Was the waiver issue preserved for review despite district court handling? | Plaintiffs argued §702 reliance in multiple district filings. | Argues issue not preserved on district record. | The argument was preserved sufficiently for appellate review. |
Key Cases Cited
- United States v. Nordic Village, Inc., 503 U.S. 30 (1992) (waiver of sovereign immunity under §702; non-monetary relief)
- Bowen v. Massachusetts, 487 U.S. 879 (1988) ( §702 amendment broadens avenues for judicial review of agency action)
- City of Detroit, 329 F.3d 515 (6th Cir. 2003) (en banc discussion on §702 scope beyond APA actions)
- Treasurer of New Jersey v. United States Dep’t of Treasury, 684 F.3d 382 (3d Cir. 2012) ( §702 waives immunity for non-monetary claims regardless of §704)
- Trudeau v. Federal Trade Commission, 456 F.3d 178 (D.C. Cir. 2006) ( §702 waiver not limited by APA action/final action controls)
- Delano Farms Co. v. California Table Grape Com’n, 655 F.3d 1337 (Fed. Cir. 2011) ( §702 waiver for non-monetary claims; not limited to agency action)