Judge tosses Tyson lawsuit

A federal judge in Tennessee has thrown out a class action lawsuit that alleged Tyson Foods recruited undocumented workers for its U.S. plants.

The Tyson plants named as defendants in the suit were in Sedalia, Ashland, Ala., Gadsten, Ala., Heflin, Ala., Croydon, Ind., Shelbyville, Tenn., Center, Texas, and Glen Allen, Va., according to the plaintiffs’ complaint.

The suit’s plaintiffs, who included a former employee at Sedalia’s main plant, brought the lawsuit under the Racketeer Influenced and Corrupt Organizations Act (RICO), alleging that the corporation knowingly brought illegal immigrants into the United States to work at its plants, according to documents filed in the federal court in Chattanooga, Tenn.

“Plaintiffs allege, by hiring and harboring illegal immigrants, Defendants were thus able to pay less than the going market wage to their employees,” court documents stated.

The case was filed April 2, 2002, and has gone through a series of dismissals and appeals. In October 2006, the case was certified as a class action.

U.S. District Chief Judge Curtis Collier, of Tennessee, dismissed the case Wednesday with prejudice, meaning plaintiffs can’t refile the suit.

The plaintiffs failed to provide sufficient evidence proving the presence of at least 10 undocumented workers at any given Tyson plant or show proof of violations, Collier wrote in a memorandum supporting his judgment.

“This case has been a long, unnecessary ordeal, covering almost six years, and today’s ruling confirms what we have said all along, that these claims were without merit. Our company makes a concerted effort to hire properly and abide by the law,” according to a written statement provided by Tyson Foods spokesman Gary Mickelson. “We’re extremely pleased by the court ruling and are especially gratified that the claims were dismissed with prejudice, which means this case is over.”