Hodgers-Durgin v. de la Vina

Opinion by Judge RHOADES; Dissent by Judge SNEED.

RHOADES, District Judge:

I. Overview

Plaintiffs, suing on behalf of themselves and a class of persons, allege that the United States Border Patrol routinely stops Arizona motorists without reasonable suspicion, in violation of the Fourth Amendment. Plaintiffs have sued three supervisory officials of the Border Patrol.

Plaintiffs appeal from the district court’s denial of class certification and grant of summary judgment in favor of Defendants. For the reasons stated below, we reverse in both respects and remand for further proceedings.

II.…