IN RE TRINITY INDUSTRIES, INC.
876 F.2d 1485 (11th Cir. 1989)
NATURE OF THE CASE: This was a consolidated appeal from final orders of two district
courts against Trinity and Moser (Ds) for contempt of court for failure to honor OSHA (P)
inspection warrants.
FACTS: Federal magistrates issued warrants to search Ds pursuant to P's plans of
programmed inspections. Trinity and Mosher refused to permit the inspections. P petitioned
the district courts to hold Ds in civil contempt for failure to honor the warrants. Ds filed
answers contesting the validity of the warrants, and counterclaims for declaratory judgments
alleging that the warrants were invalid because P had not established probable cause and
because P's administrative plans for scheduling programmed inspections were invalid. Under
threat of contempt Mosher allowed inspection but Trinity refused. The court imposed a
$10,000 per day fine. Trinity refused and appealed. Ds argued that the warrant applications
contained insufficient information to support probable cause.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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