F

A federal judge formally approved a settlement that provides more than $1 million to workers at a meat processing plant in Tennessee that was the subject of an IRS raid in 2018.

The Southern Poverty Law Center and National Immigration Law Center said, at the time the raid at the Southeastern Provision Plant in Bean Station, was the largest workplace raid in nearly a decade.

The plaintiffs, approximately 100 workers who were detained during the raid, alleged U.S. Department of Homeland Security and Internal Revenue Service officers illegally targeted them as the warrant was related to the tax evading actions of the plant’s owner.

Government officials came prepared to detain workers at the plant whose immigration status was illegal.

The case, which alleged unlawful policing and racial profiling, was certified as a class action in August.

U.S. District Judge Travis R. McDonough of the Eastern District of Tennessee preliminarily approved the settlement in October of last year and set a final approval hearing for Feb. 27.

“Someone asked me if I am happy about the result of this case,” Martha Pulido, a plaintiff in the lawsuit and resident of Morristown told National Immigration Law Center. “The question brought me back to that day. Everything was normal, and then in an instant everything changed. Now, I live with the aftermath of that bad experience. It will stay with all of the families forever. I am not happy, but I am content to see that justice prevailed over injustice. I am thankful to the legal team and the class members, who stuck together throughout this time. We will always remember that we are one.”

Class members – represented by the National Immigration Law Center (NILC), the Southern Poverty Law Center (SPLC) and several private practice attorneys acting on a pro bono basis – will receive a total of $550,000 under the settlement.

The United States is required to pay $475,000 to six individual plaintiffs – one who was in the United States legally – to resolve claims including excessive force and unlawful arrest, as well as $150,000 in attorneys fees and expenses.

The plaintiffs alleged the agents cursed, punched and shoved them.

“Nearly five years after the raid that tore apart families – but galvanized a community – the final approval of this class settlement is a milestone in the fight for justice,” said Michelle Lapointe, deputy legal director at NILC. “Our courageous plaintiffs and class members worked long hours in grueling conditions to provide food for this country. While the settlement cannot heal the wounds caused by the violent 2018 raid, we are pleased with this hard-fought vindication of their rights and the power of community organizing.”

“Today, justice was served to the Latinx workers, and their community, who took a stand against federal agents targeting them because of their ethnicity,” said Meredith Stewart, senior supervising attorney with the SPLC’s Immigrant Justice Project. “The unprecedented, court-approved settlement demonstrates that we, as a nation, will not tolerate racial profiling. That type of policing goes against not only our rights but also our values. We look forward to the workers receiving the relief the settlement provides.”

The Citizen Tribune previously reported that the slaughterhouse owner James Brantley and his business, Southeastern Provision LLC, agreed to pay $610,000 in overtime-related back wages and damages to settle a civil lawsuit filed by the U.S. Department of Labor, according to a Monday filing in federal court in Knoxville.

Brantley was to pay $305,000 in back wages to 149 former or current employees – mostly Latinos – and an identical amount in damages within 36 months.

On July 31, 2019, Brantley was sentenced to 18 months in federal prison after pleading guilty to tax fraud, wire fraud and knowingly hiring undocumented workers.

As part of his agreement to put the criminal charges behind him, Brantley agreed to pay $1.42 million in restitution – $1.3 million to the IRS and the remainder to his former liability insurance carrier – for having more covered employees than he reported.

Court documents indicate that Brantley never pretended he was concerned about the immigration status of the Latino employees. He paid wages in cash, and told bank employees he required about $100,000 in cash each week to pay undocumented Latinos, according to court documents.

Ten of the 100-odd workers were prosecuted federally for illegal reentry following a court-ordered deportation. Entering the country illegally is treated as a civil infraction, not a criminal offense.

Beyond tax evasion issues, the plant also ran afoul of the Tennessee Department of Environment and Conservation as the onsite sewage treatment facility failed and went unaddressed.

The raid drew criticism from local officials, school officials and more for the fear and confusion left in its wake.

Federal agents raided the meat packing plant on a Thursday morning and detained a large amount of the workers from the facility.

The National Guard Armory in Russellville served as a staging area for with law enforcement vehicles and white vans with dark-tinted windows coming in and out of the armory most of the day where employees were kept.