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CASE NAME:Celedonia Cruz v. Elmer A. Toliver
ALL PLAINTIFFS:Celedonia Cruz
ALL DEFENDANTS:Elmer A. Toliver, Genevieve A. Tolier
CITATION:2007 U.S. Dist. LEXIS 24468, 2006 U.S. Dist. LEXIS 67162
DOCKET NUMBER:5:04CV-231-R
SOURCE:Lexis Search
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:Jury
TRIAL JUDGE(S):Thomas B. Russell
YEAR OF ARREST:
YEAR OF VERDICT:2006
TYPE OF COURT:Federal Court
STATE:Kentucky
FEDERAL DISTRICT:Western District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:The Philippines
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):2
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Domestic Servant
FIRST CHARGE:
FIRST CHARGE US/STATE CODE CITATION:
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SECOND CHARGE:
SECOND CHARGE US/STATE CODE CITATION:
SECOND CHARGE VERDICT/PLEA:
SECOND CHARGE SENTENCE:
THIRD CHARGE:
THIRD CHARGE US/STATE CODE CITATION:
THIRD CHARGE VERDICT/PLEA:
THIRD CHARGE SENTENCE:
FOURTH CHARGE:
FOURTH CHARGE US/STATE CODE CITATION:
FOURTH CHARGE VERDICT/PLEA:
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FIFTH CHARGE:
FIFTH CHARGE US/STATE CODE CITATION:
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CORE TERMS:
SENTENCING OPINION CITATION:
LENGTH OF GREATEST SENTENCE:
RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Fair Labor Standards Act Violations
FIRST CLAIM US/STATE CODE CITATION:29 USC 201, 203 and 216
FIRST CLAIM RESULT:Liable
DAMAGES AWARDED FOR FIRST CLAIM:$48,204
SECOND CLAIM:Conversion of Passport
SECOND CLAIM US/STATE CODE CITATION:
SECOND CLAIM RESULT:Liable
DAMAGES AWARDED FOR SECOND CLAIM:$5,114
THIRD CLAIM:Breach of Contract and Fraud
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:Liable
DAMAGES AWARDED FOR THIRD CLAIM:$15,000
FOURTH CLAIM:Forced Labor
FOURTH CLAIM US/STATE CODE CITATION:18 USC 1589
FOURTH CLAIM RESULT:Not Liable
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Trafficking with Respect to Forced Labor
FIFTH CLAIM US/STATE CODE CITATION:18 USC 1590
FIFTH CLAIM RESULT:Not Liable
DAMAGES AWARDED FOR FIFTH CLAIM:Intentional Infliction of Emotional Distress
SIXTH CLAIM:
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:Not Liable
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:$68,318
APPEAL:
EXPLANATION OF APPEAL:
APPELLATE OPINION CITATION:
HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:
SUMMARY:Plaintiff traveled to the United States to work as a domestic servant to the Defendants.  She was promised $500/week, but was paid only $250 (later $300/week when Defendants had a third child).  When she arrived in the US in 2001, Plaintiff said the Defendants took her passport and kept her locked up for the next three years.  Plaintiff's duties included cooking, cleaning, and yard work.  She states that she worked up to 18 hours a day, every day.  Plaintiff was not given her wages directly, but they were wired to her family in The Philippines, minus living "expenses."   Defendants kept Plaintiff in their house by threatening her with arrest and accusations of theft.  They said she had to work for them for 5 years in order to pay off her $8000 debt for the service of bringing her to work in the US.
Approval Status:Approved
Approver Comments:
            
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