CASE STUDY: City of El Centro v. United States
Instructions: Read the scenario below and answer the question that follows.
Early in the morning of January 23, 1985, Border Patrol agents observed several vans
parked on the American side of the border between the United States and Mexico, near
El Centro, California. The vans were parked in an area known to be a rendezvous point
for smugglers of illegal aliens. At about the same time, the Border Patrol had
indications that a group of people were moving on foot in the general direction of the
vans.
A short time later, the agents saw one of the vans traveling eastward on the highway.
The agents followed in their vehicle, activating their emergency lights. The van did not
stop and a high speed chase ensued. With the border patrol agents in hot pursuit, the
van raced along California Highway 8. In an unsuccessful attempt to elude the pursuing
agents, the van, still travelling at speeds in excess of 60 miles per hour, swerved off the
highway and onto an exit ramp. Reaching the top of the ramp, the van failed to
negotiate a turn and, vaulting over an embankment, crashed, exploded and burned.
The pursuing agents quickly arrived at the crash scene, extinguished the flames and
radioed for assistance. Fourteen illegal aliens in the van were taken by ambulance to El
Centro Community Hospital (ECCH) for treatment. The driver and two of the
passengers died in the accident.
Responding to the emergency call, ECCH prepared for the arrival of the injured aliens.
Medical personnel as well as Assistant Director of Finance for ECCH, Kaye Fox, arrived
at ECCH ahead of the injured aliens. Uniformed Border Patrol Agent Mario Hernandez
also arrived at the hospital ahead of the injured aliens. The Claims Court found that
when Ms. Fox asked Agent Hernandez who would pay for the treatment of the aliens,
Agent Hernandez responded, e and you sic]. Based on her conversation with Agent
Hernandez, Ms. Fox understood that the Border Patrol would be responsible for the
costs of hospitalization.
Agent Hernandez instructed the hospital to notify the Border Patrol prior to the release
of any of the aliens so that each alien would be released from ECCH directly into the
custody of the Border Patrol. While hospitalized, the aliens were photographed by
Immigration and Naturalization Service (INS) investigators and had their medical
records reviewed by an INS doctor visiting ECCH. At least one INS investigator also
signed ECCH consent forms for those aliens unable to sign. The investigator signed on
a line marked !tient/Parent/Conservator/Guardian.‘uestion: Assuming that Agent Hernandezàcomment meant that the Government
would pay ECCH for the hospitalization costs, is the Government legally obligated to
pay? Why?

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