City of El Centro v. United States

16 Cl. Ct. 500, 1989 U.S. Claims LEXIS 40, 1989 WL 22343
CourtUnited States Court of Claims
DecidedMarch 16, 1989
DocketNo. 208-86-C
StatusPublished
Cited by8 cases

This text of 16 Cl. Ct. 500 (City of El Centro v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of El Centro v. United States, 16 Cl. Ct. 500, 1989 U.S. Claims LEXIS 40, 1989 WL 22343 (cc 1989).

Opinion

[501]*501OPINION AND ORDER

TURNER, Judge.

The City of El Centro, California, as owner and operator of El Centro Community Hospital (ECCH), claims entitlement to compensation from the Immigration and Naturalization Service for medical care rendered to 14 illegal aliens. The aliens had been injured in an accident following a high-speed chase initiated by agents of the Border Patrol. El Centro seeks payment of $183,263.64 in medical bills, plus interest, under 8 U.S.C. § 1252(c) and 42 U.S.C. § 249, or, alternatively, under an alleged implied-in-fact contract.

The case was tried in San Diego on December 17 and 18, 1987. At the conclusion of trial, the court found, inter alia, that the hospitalized aliens were de facto detainees of the INS. This opinion addresses issues argued in post-trial briefs and supplements the findings announced from the bench on December 18, 1987 (trial transcript pp. 257-273), which were memorialized in an order entered December 21,1987.

The parties have briefed the issues presented by both the statutory and the contractual theories of recovery. With respect to recovery based on statute, defendant urges that there exists no Constitutional provision, statute or regulation that can fairly be interpreted as mandating compensation of plaintiff for the medical care provided in this case. With respect to the question whether plaintiff is entitled to recover under an implied-in-fact contract theory, the government asserts (1) that any contract claim in this case must be implied-in-law, not implied-in-fact, and thus outside this court’s jurisdiction, and (2) that in any event the officials on whose conduct plaintiff relies to support its contract claim lacked authority to bind the government.

For reasons set forth below, the court finds that plaintiff’s statutory theory does not afford a basis for recovery but that plaintiff has established an implied-in-fact contract and is entitled to recover on that basis.

I. FACTS1

At approximately one o’clock on the morning of January 23,1985, agents of the Border Patrol observed a van parked on the American side of the boundary between the United States and Mexico near El Centro, California. The van was parked at a location which was notorious to the Border Patrol as a rendezvous point for alien smugglers and persons who had crossed the border illegally. At about the same time, Border Patrol sensors indicated that a large group of persons was moving on foot in the direction of the van.

Shortly thereafter, agents observed the van leaving the area. Two Border Patrol agents followed in their cruisers, activating their red emergency lights. The driver of the van refused to stop, and a high-speed chase ensued.

After having been pursued for some distance on California’s Highway 8, the van, still travelling at speeds in excess of 60 miles per hour, turned onto an exit ramp. Unable to negotiate the ramp’s curve at that speed, the van vaulted over an embankment, crashed, exploded and began to bum. The two agents in pursuit quickly arrived at the crash scene, extinguished the flames, and radioed for help.

All nineteen of the persons inside the van had entered the United States illegally. The driver and two of the passengers died in the crash. Many of the survivors were grievously injured; all were unable to leave the scene under their own power. Fourteen of the aliens were taken by ambulance to El Centro Community Hospital for treatment.2 (Trial testimony established that, were it not for their physical condition, the survivors would have immediately been taken into physical custody and ultimately deported by INS.)

[502]*502El Centro Community Hospital received warning that accident victims were on their way and began to prepare for their arrival. ECCH had established procedures for handling such disasters. Pursuant to these procedures, additional medical personnel were summoned to ECCH to assist in treating the incoming wounded. In addition, two ECCH officials, Kaye Fox and Jay Comstock, received telephone calls at home, advising them that there had been a grievous accident and that injured persons were en route to ECCH. As Assistant Director of Finance, it was Fox’s responsibility to coordinate the triage and admission of the patients. Comstock, who was the hospital’s administrator, had supervisory responsibility over ECCH’s handling of the disaster. Comstock, Fox and a number of medical personnel arrived at ECCH ahead of the injured aliens.

Meanwhile, Supervisory Border Patrol Agent Douglas Roy ordered Agent Mario Hernandez to proceed to ECCH and, inter alia, gather information on the names, dates and places of birth, and medical conditions of the aliens. Agent Hernandez was dispatched to the hospital before the aliens arrived and reached the hospital ahead of them. Although he had not participated in the high-speed chase, Agent Hernandez was aware of the facts leading to the accident. Moreover, Agent Hernandez was wearing his Border Patrol uniform on which his badge was displayed.

At the hospital, Agent Hernandez identified himself as a Border Patrol Agent. He then informed Kaye Fox that the Border Patrol had been in pursuit of the van involved in the accident. Exactly what happened next is the subject of some disagreement. On this issue, the court heard testimony at trial from Kaye Fox, Jay Com-stock and Agent Mario Hernandez.3 The testimony of all three witnesses established that a further conversation took place between Fox and the uniformed Agent Hernandez just as the injured aliens were being admitted to ECCH. In that conversation, Fox identified herself as ECCH’s financial officer. She then asked Agent Hernandez who was responsible for payment of the cost of the aliens’ care.4 According to Agent Hernandez, when Fox asked him who would pay, his response was “Me and you.” At trial, Agent Hernandez explained that in saying this, he meant “the taxpayers” as distinct from “the Government or the Agency.”

Agent Hernandez added that he told his immediate supervisor of his conversation with Kaye Fox. Specifically, Agent Hernandez testified that he informed Supervisory Border Patrol Agent Douglas Roy by telephone from the hospital that ECCH financial officer Fox had raised the concern of who would pay and he had responded, “Me and you.” Despite the susceptibility of this response to varying interpretations, the government presented no evidence or testimony that there was any subsequent INS effort to clarify it.

In addition to the discussion of payment, Agent Hernandez had further interaction with hospital personnel during his visit there on the night of the accident. An ECCH nurse brought Agent Hernandez a Guatemalan passport which belonged to one of the injured aliens;5 Agent Hernandez took possession of the passport and signed for it. Agent Hernandez obtained information on each of the alien patients as his supervisor had directed; in addition, he informed a nurse that as soon as any of the aliens was ready to be released from ECCH, such alien was to be released to the custody of the Border Patrol. A nurse then notified Agent Hernandez that one of [503]

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Cite This Page — Counsel Stack

Bluebook (online)
16 Cl. Ct. 500, 1989 U.S. Claims LEXIS 40, 1989 WL 22343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-el-centro-v-united-states-cc-1989.