Butler County Sheriff Richard Jones is famous for his opposition to undocumented workers. Now one of his victims has fought back and won $100,000.00!

Luis Rodriguez was hanging drywall at a construction site in Butler County when Sheriff staff members entered the work site as part of an “immigration investigation” and rounded up over 20 Hispanic workers. Twelve workers were fired after questioning by the sheriff staff. Mr. Rodriguez was arrested based on documents that he possessed. Attorney George Fee vigorously represented Mr. Rodriguez in the criminal case and won an acquittal. But once in custody, Mr. Rodriguez was removed from the country along with his wife and two children. They had lived in Southern Ohio for eleven years working, paying taxes, and attending a local Christian Church. They are now living in poverty in Mexico.

Attorney Al Gerhardstein sued Sheriff Jones on behalf of Mr. Rodriguez. He claimed that Mr. Rodriguez was “seized” when he was taken to the construction trailer at the worksite for interrogation in violation of the Fourth Amendment. He also alleged a violation of the Equal Protection Clause. In addition, Gerhardstein argued that the Sheriff did not have power to enforce the federal civil immigration law. The case was pending on motions for summary judgment and only weeks away from trial when the County agreed to pay $100,000 in settlement of the claims. Pleadings can be viewed here.

There are 12 million undocumented persons living in the United States. Many, like Luis, are simply moms and dads trying to feed their children. Focusing harsh enforcement on these working parents and letting employers use their labor without suffering any consequence underscores how distorted our immigration enforcement has become. This case demonstrates that the Constitution protects “all persons” – regardless of citizenship and it shows that law enforcement can be held accountable.