Mountain High Knitting, Inc. v. Reno

Mountain High Knitting, Inc. and several of its employees (collectively, “Mountain High”) sued the Attorney General, the Commissioner of the Immigration and Naturalization Service, and the Service itself (collectively, “the INS”) on claims arising out of an INS investigation and raid of Mountain High Knitting, Inc.’s factory in San Diego. Mountain High also challenged several practices typical to such an employer sanctions investigation on behalf of a proposed class and sought declaratory and injunctive relief.

The INS responded with a motion to dismiss or, in the alternative, for summary judgment. Mountain High amended its complaint and the court ruled on the government’s motion on the basis of the amended complaint. Of the six causes of action in the complaint, the court initially dismissed three and granted summary judgment as to two. It ordered a hearing on the remaining claim, and after that hearing the .district court dismissed the final claim as well. Mountain High timely appeals.

We have jurisdiction pursuant to 28 U.S.C. § 1291 . In a separately-filed memorandum disposition, we affirm the district court as to four of Mountain High’s claims. The two remaining items in…