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CASE NAME:Alexander Aguilar v. Imperial Nurseries
ALL PLAINTIFFS:Alexander Aguilar, Carlos Aguilar, Leopoldo Santos Catu, Santos Chajchaguin, Marvin Coto, Esteban Espinoza, Walter Hernandez, Angel Mendoza, Hugo Oreno, Carlos Pinto, Hector Rodas Lopez, Luis Amilcar Rodriguez
ALL DEFENDANTS:Imperial Nurseries, Griffin Land & Nurseries, Pro Tree Forestry Services, William Forero, Hernando Aranda, Gregory M. Schaan, Jim Wells, Frederick M. Danziger, Anthony J. Galici
CITATION:
DOCKET NUMBER:3:07-cv-00193
SOURCE:Bloomberg, Lexis Search, News Article
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:
TRIAL JUDGE(S):Janet C. Hall
YEAR OF ARREST:2006
YEAR OF VERDICT:2007
TYPE OF COURT:Federal
STATE:Connecticut
FEDERAL DISTRICT:District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:12
GENDER OF VICTIM(S):Male
VICTIM'S COUNTRY OF ORIGIN:Guatemala
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):9
GENDER OF DEFENDANT(S):
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Agricultural Industry
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RESTITUTION REQUIRED:
FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Federal Minimum Wage Violations
FIRST CLAIM US/STATE CODE CITATION:Fair Labor Standards Act ("FLSA"),
FIRST CLAIM RESULT:Settled
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Violations of Migrant and Seasonal Agricultural Worker Protection Act
SECOND CLAIM US/STATE CODE CITATION:Migrant and Seasonal Agricultural Worker Protection Act ("AWPA")
SECOND CLAIM RESULT:Settled
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Violations of Connecticut Wage and Hour Law
THIRD CLAIM US/STATE CODE CITATION:Conn. Gen. Stat. §§ 31-58 et seq.
THIRD CLAIM RESULT:Settled
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Forced Labor, Human Trafficking
FOURTH CLAIM US/STATE CODE CITATION:Trafficking Victims Protection Act (18 U.S.C. § 1595), 18 U.S.C. § 1589, 18 U.S.C. § 1590
FOURTH CLAIM RESULT:Settled
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Unjust Enrichment & Quantum Meruit, Fraud, False Imprisonment, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress, Reckless Contracting & Supervision, Negligent Contracting & Supervision, RICO Violations, Guatemalan Labor Code Violations
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:Settled
DAMAGES AWARDED FOR FIFTH CLAIM:
SIXTH CLAIM:Involuntary Servitude & Forced Labor, Human Trafficking
SIXTH CLAIM US/STATE CODE CITATION:Alien Tort Claims Act (28 U.S.C. § 1350)
SIXTH CLAIM RESULT:Settled
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TOTAL AWARD:
APPEAL:
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APPEAL STILL PENDING?:
SUMMARY:The victims, adult males from Guatemala, were promised jobs planting trees for $7.50 per hour.  The victims were required to pay visa and travel fees and needed to take out Guatemalan loans to cover these fees, for which they were never reimbursed.  When the victims arrived in the United States, they had their passports confiscated and were immediately transported to another State without their consent.  The victims were forced to live in unsanitary conditions, regularly work 80-hour weeks, and were paid far less than minimum wage.  The victims had restricted contact with others, restricted travel, and were denied medical care.  Defendants regularly threatened the victims with deportation and/or jail, and verbally and psychologically abused the victims.

The parties reached a settlement, the details of which were not disclosed.  
Approval Status:Approved
Approver Comments:
            
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