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CASE NAME:Elma Manliguez v. Martin and Somanti Joseph
ALL PLAINTIFFS:Elma Manliguez
ALL DEFENDANTS:Martin and Somanti Joseph
CITATION:
DOCKET NUMBER:01-CV-7574 (NGG)
SOURCE:Lexis Search
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:
TRIAL JUDGE(S):Nicholas G. Garaufis
YEAR OF ARREST:
YEAR OF VERDICT:2003
TYPE OF COURT:Federal Court
STATE:New York
FEDERAL DISTRICT:Eastern District Court
STATE COUNTY:
AGE OF VICTIM(S):
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:No
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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FOURTH CHARGE US/STATE CODE CITATION:
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LENGTH OF GREATEST SENTENCE:
RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Involuntary servitude
FIRST CLAIM US/STATE CODE CITATION:18 USC 1584
FIRST CLAIM RESULT:Settled
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Alien Tort Claims Act
SECOND CLAIM US/STATE CODE CITATION:28 USC 1350
SECOND CLAIM RESULT:Settled
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Intentional Infliction of Emotional Distress
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:Settled
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Conversion
FOURTH CLAIM US/STATE CODE CITATION:
FOURTH CLAIM RESULT:Settled
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Fair Labor Standards Act (New York and Federal)
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:Settled
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:Fraudulent Inducement/Negligent Misrepresentation
SIXTH CLAIM US/STATE CODE CITATION:
SIXTH CLAIM RESULT:Settled
DAMAGES AWARDED FOR SIXTH CLAIM:
TOTAL AWARD:
APPEAL:
EXPLANATION OF APPEAL:
APPELLATE OPINION CITATION:
HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:
SUMMARY:Plaintiff had been employed by Defendants as a domestic servant in Malaysia and then came with them to the US.  Plaintiff was locked in their apartment and worked 18 hour days.  She was also responsible for nighttime care of Defendants’ daughter.  Defendants held her passport, refused to allow her to talk to other people, denied her personal hygiene items and tried to cut off her communication with her mother.  When defendants moved for dismissal on all the charges, their motion was denied in its entirety.  The court found that 18 USC 1584, the enabling statute of the 13th Amendment, includes a private right of action in a civil suit.  Defendants settled all charges with Plaintiff in a sealed agreement.
Approval Status:Approved
Approver Comments:
            
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