Case: Mancha v. ICE

1:06-cv-02650 | U.S. District Court for the Northern District of Georgia

Filed Date: Nov. 1, 2006

Closed Date: July 31, 2009

Clearinghouse coding complete

Case Summary

On November 1, 2006, private counsel and attorneys for the Southern Poverty Law Center filed a class-action civil rights suit in the U.S. District Court for the Northern District of Georgia, challenging a series of raids conducted by federal immigration authorities in Southeast Georgia over the course of at least two weeks in September 2006. Plaintiffs alleged that federal agents with Immigration and Customs Enforcement, under the guise of locating suspected undocumented workers who had been e…

On November 1, 2006, private counsel and attorneys for the Southern Poverty Law Center filed a class-action civil rights suit in the U.S. District Court for the Northern District of Georgia, challenging a series of raids conducted by federal immigration authorities in Southeast Georgia over the course of at least two weeks in September 2006. Plaintiffs alleged that federal agents with Immigration and Customs Enforcement, under the guise of locating suspected undocumented workers who had been employed at the Crider poultry facility in Stillmore, Georgia, illegally raided and searched the homes of Latinos in an effort to drive the Latino community out of Southeast Georgia. Plaintiffs specifically alleged that agents searched, detained and interrogated citizens merely because they looked "Mexican," in violation of their rights secured by the Fourth and Fifth Amendments. Plaintiffs sought actual, compensatory, and punitive damages, injunctive and declaratory relief, and class certification. Defendants responded by moving to dismiss the case.

On May 1, 2007, the District Court (Judge Thomas W. Thrash, Jr.) stayed discovery and briefing on plaintiffs' request for class certification, pending the Court's ruling on defendants' dispositive motions.

A first amended complaint was filed on June 14, 2007. Defendants responded by moving to dismiss, or for summary judgment, the various counts alleged in the amended complaint.

On December 5, 2007, the court (Judge Thomas W. Thrash, Jr.) granted defendants' motion to dismiss plaintiffs' claims for injunctive and declaratory relief to redress violations of the Fourth and Fifth Amendments. The court found that plaintiffs had not shown a real and immediate threat of future harm. Therefore, on March 27, 2008, the court denied as moot plaintiffs' motion for class certification with respect to the dismissed claims.

That same day, plaintiffs filed a second amended complaint asserting Federal Torts Claims Act (FTCA) claims against the United States. The FTCA claims were for false imprisonment, assault, battery, and trespass. Plaintiffs also asserted Bivens claims against the federal law enforcement agents employed by ICE for violation of plaintiffs' Fourth and Fifth Amendment rights.

Once again, defendants moved to dismiss the complaint. They argued that the FTCA claims should be dismissed because the plaintiffs failed to exhaust their administrative remedies prior to filing the FTCA claims, the claims fell under the discretionary function exception to the FTCA, and the plaintiffs didn’t state viable tort claims under Georgia law. They also argued that the Bivens claims should be dismissed because the claims were against unidentified John Does. Plaintiffs then asked for leave from the court to file a third amended complaint that identified the John Does by their actual names.

On March 31, 2009, the court denied defendants' motion to dismiss the FTCA and Bivens claims. 2009 WL 900800. The court found that plaintiffs had exhausted their remedies prior to filing the FTCA claims and that the FTCA claims did not fall under the discretionary function exception. The court also granted plaintiffs' motion for leave to file a third amended complaint, which they filed on June 19.

On July 31, 2009, plaintiffs, citing a settlement agreement, filed an unopposed motion asking the court to dismiss the lawsuit with prejudice. The case was dismissed on July 31. The Southern Poverty Law Center provided the settlement agreement. In the settlement, the United States agreed to pay plaintiffs $35,000 and plaintiffs agreed to voluntarily dismiss the case.

Summary Authors

Dan Dalton (9/24/2007)

Jennifer Bronson (12/5/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4820070/parties/mancha-v-immigration-and-customs-enforcement/


Judge(s)
Attorney for Plaintiff

Bauer, Mary C. (Virginia)

Benjamin-Gomez, Arlen S (Alabama)

Brownstein, Rhonda C. (Alabama)

Bruner, Kelley McNair (Alabama)

Attorney for Defendant

Cunningham, Jean M. (District of Columbia)

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Documents in the Clearinghouse

Document

1:06-cv-02650

Docket (PACER)

Mancha v. Immigration and Customs Enforcement

July 31, 2009

July 31, 2009

Docket
1

1:06-cv-02650

Complaint

Mancha v. Immigration and Customs Enforcement

Nov. 1, 2006

Nov. 1, 2006

Complaint
42

1:06-cv-02650

First Amended Complaint - Class Action

Mancha v. Immigration and Customs Enforcement

June 14, 2007

June 14, 2007

Complaint
104

1:06-cv-02650

Order

Mancha v. Immigration and Customs Enforcement

March 24, 2008

March 24, 2008

Order/Opinion
226

1:06-cv-02650

Order

Mancha v. Immigration and Customers Enforcement

March 31, 2009

March 31, 2009

Order/Opinion

2009 WL 900800

1:06-cv-02650

Stipulation for Compromise Settlement and Release of Federal Tort Claims Act Claims Pursuant to 28 U.S.C 2677

Mancha v. United States

June 9, 2009

June 9, 2009

Settlement Agreement
152-2

1:06-cv-02650

Third Amended Complaint

Mancha v. USA

June 19, 2009

June 19, 2009

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4820070/mancha-v-immigration-and-customs-enforcement/

Last updated Sept. 15, 2025, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summon(s) issued. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number 557596.), filed by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Attachments: # 1 Summons # 2 Civil Cover Sheet)(fap) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/02/2006)

1 Summons

View on PACER

2 Civil Cover Sheet

View on PACER

Nov. 1, 2006

Nov. 1, 2006

RECAP
2

APPLICATION for Admission of Kelley Bruner Pro Hac Viceby Plaintiffs.Filing Fee received $150.00, Receipt #557599. (dr) (Entered: 11/03/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
3

APPLICATION for Admission of Rhonda Brownstein Pro Hac Viceby Plaintiffs.Filing Fee received $150.00, Receipt #557598. (dr) (Entered: 11/03/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
4

APPLICATION for Admission of Morris S. Dees Pro Hac Viceby Plaintiffs.Filing Fee received $150.00, Receipt #557597. (dr) (Entered: 11/03/2006)

Nov. 1, 2006

Nov. 1, 2006

PACER
5

Summons Issued as to Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Gregory L. Wiest, John P. Torres, John Mata, U.S. Attorney and U.S. Attorney General (dr) (Entered: 11/07/2006)

Nov. 6, 2006

Nov. 6, 2006

PACER
6

ORDER granting 2 Application for Admission Pro Hac Vice for Kelley Bruner . Signed by Judge Thomas W. Thrash Jr. on 11/7/06. (dr) (Entered: 11/08/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
7

ORDER granting 3 Application for Admission Pro Hac Vice for Rhonda Brownstein . Signed by Judge Thomas W. Thrash Jr. on 11/7/06. (dr) (Entered: 11/08/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
8

ORDER granting 4 Application for Admission Pro Hac Vice for Morris Dees. Signed by Judge Thomas W. Thrash Jr. on 11/7/06. (dr) (Entered: 11/08/2006)

Nov. 7, 2006

Nov. 7, 2006

PACER
9

APPLICATION for Admission of Paul L. Hoffman Pro Hac Viceby Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez.Filing Fee received $150.00, Receipt #558817. (dr) (Entered: 12/08/2006)

Dec. 4, 2006

Dec. 4, 2006

PACER
10

ORDER granting 9 Application for Admission Pro Hac Vice for Paul Hoffman . Signed by Judge Thomas W. Thrash Jr. on 12/14/06. (dr) (Entered: 12/15/2006)

Dec. 14, 2006

Dec. 14, 2006

PACER
11

NOTICE by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Immigration and Customs Enforcement, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez of Service of Summons (Attachments: # 1 Exhibit Affidavits of Service)(Spears, George) (Entered: 12/18/2006)

Dec. 18, 2006

Dec. 18, 2006

PACER
12

Joint MOTION for Extension of Time to File Answer and Consolidate Deadline for Filing Defendants' Response to Plaintiffs' Complaint with Brief In Support by Gregory L. Wiest. (Stokes, Sharon) (Entered: 12/28/2006)

Dec. 28, 2006

Dec. 28, 2006

PACER
13

STATUS REPORT Joint Statement Regarding Class Communications by Marie Justeen Mancha. (Bauer, Mary) (Entered: 12/29/2006)

Dec. 29, 2006

Dec. 29, 2006

PACER
14

ORDER granting 12 Motion for Extension of Time to Answer re 1 Complaint,, Immigration and Customs Enforcement Answer due 3/1/2007; Michael Chertoff Answer due 3/1/2007; Julie L. Myers Answer due 3/1/2007; Marcy Forman Answer due 3/1/2007; Denneth A. Smith Answer due 3/1/2007; Gregory L. Wiest Answer due 3/1/2007; John P. Torres Answer due 3/1/2007; John Mata Answer due 3/1/2007; John Does 1-30 Answer due 3/1/2007 . Signed by Judge Thomas W. Thrash Jr. on 1/3/07. (ss) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER
15

MOTION for Extension of Time File Class Certification Motion with Brief In Support by Marie Justeen Mancha. (Bauer, Mary) (Entered: 01/04/2007)

Jan. 4, 2007

Jan. 4, 2007

PACER

NOTICE of TELECONFERENCE Hearing: Hearing set for 1/5/2007 04:00 PM before Judge Thomas W. Thrash Jr., government counsel originate call. (ss)

Jan. 4, 2007

Jan. 4, 2007

PACER
16

Minute Entry for proceedings held before Judge Thomas W. Thrash Jr.: Status Conference held on 1/5/2007. (Court Reporter Traci Walker.)(kt) (Entered: 01/08/2007)

Jan. 5, 2007

Jan. 5, 2007

PACER
17

Notice for Leave of Absence for the following date(s): 3/8/07 - 3/20/07, by George Brian Spears. (Spears, George) (Entered: 01/08/2007)

Jan. 8, 2007

Jan. 8, 2007

PACER

Clerks Notation re 17 Leave of Absence 3/8/07 - 3/20/07, by George Brian Spears. The Court will not require Mr. Spears appearance on these dates. (ss)

Jan. 9, 2007

Jan. 9, 2007

PACER
18

ORDER granting 15 Motion for Extension of Time through 3/2/07 for plaintiff to file Motion for Class Certification. . Signed by Judge Thomas W. Thrash Jr. on 1/16/07. (ss) (Entered: 01/17/2007)

Jan. 17, 2007

Jan. 17, 2007

PACER
19

NOTICE of Appearance by Gjon Juncaj on behalf of all defendants (Juncaj, Gjon) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER
20

NOTICE of Appearance by Jean M. Cunningham on behalf of Gregory L. Wiest (Cunningham, Jean) (Entered: 01/24/2007)

Jan. 24, 2007

Jan. 24, 2007

PACER
21

Joint MOTION for Extension of Time to File Response to Complaint, to file Reponse to Response, and to file Motion for Class Certification with Brief In Support by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata, John Does 1-30, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Spears, George) Additional attachment(s) added on 3/2/2007 (dr). (Entered: 02/27/2007)

Feb. 27, 2007

Feb. 27, 2007

PACER
22

ORDER granting 21 Motion for Extension of Time until 4/15/07 for defendants to serve responses to complaint; plaintiffs shall serve their responses to defendants' responses to complaint by 6/14/07; plaintiffs shall serve their Motion for Class Certification by 4/16/07. Signed by Judge Thomas W. Thrash Jr. on 3/2/07. (dr) (Entered: 03/05/2007)

March 2, 2007

March 2, 2007

PACER
23

Unopposed MOTION for Leave to File Excess Pages with Brief In Support by Gregory L. Wiest. (Cunningham, Jean) (Entered: 04/14/2007)

April 14, 2007

April 14, 2007

PACER
24

MOTION to Certify Class with Brief In Support by Maria Margarita Morales, Gladis Alicia Espitia, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Attachments: # 1 Brief Brief in Support of Motion# 2 Exhibit Declaration of Marie Justeen Mancha# 3 Exhibit Declaration of Maria Christina Martinez# 4 Exhibit Declaration of Ranulfo Perez# 5 Exhibit Declaration of Gladis Alicia Espitia# 6 Exhibit Declaration of Maria Margarita Morales# 7 Exhibit Declaration of Mary Bauer, Esquire)(Brownstein, Rhonda) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER
25

DOCUMENT FILED IN ERROR - MOTION to Dismiss or in the Alternative for Summary Judgment with Brief In Support by Gregory L. Wiest. (Attachments: # 1 Brief in Support of Motion to Dimiss or in the Alternative for Summary Judgment# 2 Affidavit in Support of Motion# 3 Statement of Material Facts in Support of Motion)(Cunningham, Jean) Modified on 4/17/2007 (dr). (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER
26

MOTION to Dismiss Counts I and II of Complaint with Brief In Support by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Attachments: # 1 Brief Memorandum of Law in Support of Motion to Dismiss)(Juncaj, Gjon) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER
27

MOTION to Dismiss, or in the alternative, MOTION for Summary Judgment by Gregory L. Wiest. (Attachments: # 1 Memorandum in Support# 2 Affidavit# 3 Statement of Material Facts)(dr) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 04/17/2007)

April 16, 2007

April 16, 2007

PACER

Notification of Docket Correction re 25 MOTION to Dismiss which is FILED IN ERROR. For correct entry refer to 27 MOTION to Dismiss, MOTION for Summary Judgment. (dr)

April 17, 2007

April 17, 2007

PACER
28

Notice for Leave of Absence for the following date(s): 5/17/07-5/21/07, 7/3/07-7/12/07, 8/2/07-8/7/07, 9/27/07-10/1/07, 10/31/07-11/5/07, by George Brian Spears. (Spears, George) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
29

ORDER granting 23 Motion for Leave to File Excess Pages. Signed by Judge Thomas W. Thrash Jr. on 4/17/07. (dr) (Entered: 04/19/2007)

April 18, 2007

April 18, 2007

PACER

Clerks Notation re 28 Leave of Absence 5/17/07-5/21/07, 7/3/07-7/12/07, 8/2/07-8/7/07, 9/27/07-10/1/07, 10/31/07-11/5/07, by George Brian Spears. The Court will not require an appearance by G. Spears on these dates. (ss)

April 19, 2007

April 19, 2007

PACER
30

MOTION for Relief From Local Rules 16.1, 16.2, and 26.1 and Stay of Responsive Briefing of Plaintiffs' Class Certification Request with Brief In Support by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata, John Does 1-30. (Attachments: # 1 Brief In Support of Motion for Relief From Local Rules 16.1, 16.2, 26.1, and Stay of Responsive Class Cert. Briefing)(Juncaj, Gjon) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

PACER
31

ORDER granting 30 Motion for Relief From Local Rules 16.1, 16.2, and 26.1 and STAYED pending resolution of 27 Motion to Dismiss, Motion for Summary Judgment; responsive briefing to 24 Motion to Certify Class is STAYED pending resolution of defendants' dispositive motions. Signed by Judge Thomas W. Thrash Jr. on 4/30/07. (dr) (Entered: 05/02/2007)

May 1, 2007

May 1, 2007

PACER
32

APPLICATION for Admission of Arlen S. Benjamin-Gomez Pro Hac Viceby Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez.Filing Fee received $150.00, Receipt #564482. (dr) (Entered: 05/09/2007)

May 1, 2007

May 1, 2007

PACER
33

APPLICATION for Admission of Genesis R.A.C. Fisher Pro Hac Viceby Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez.Filing Fee received $150.00, Receipt #564481. (dr) (Entered: 05/09/2007)

May 1, 2007

May 1, 2007

PACER
34

ORDER granting 33 Application for Admission Pro Hac Vice for Genesis Fisher. Signed by Judge Thomas W. Thrash Jr. on 5/14/07. (dr) (Entered: 05/15/2007)

May 14, 2007

May 14, 2007

PACER
35

ORDER granting 32 Application for Admission Pro Hac Vice for Arlen Benjamin-Gomez. Signed by Judge Thomas W. Thrash Jr. on 5/14/07. (dr) (Entered: 05/15/2007)

May 14, 2007

May 14, 2007

PACER
36

MOTION for Clarification re: 31 Order on Motion for Relief, with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief)(Bauer, Mary) (Entered: 05/16/2007)

May 16, 2007

May 16, 2007

PACER
37

RESPONSE in Opposition re 36 MOTION for Clarification re: 31 Order on Motion for Relief, filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 05/22/2007)

May 22, 2007

May 22, 2007

PACER
38

RESPONSE re 36 MOTION for Clarification re: 31 Order on Motion for Relief, filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John Mata. (Juncaj, Gjon) (Entered: 05/24/2007)

May 24, 2007

May 24, 2007

PACER

Submission of 27 MOTION to Dismiss, MOTION for Summary Judgment, submitted to District Judge Thomas W. Thrash. (dr)

May 24, 2007

May 24, 2007

PACER

Notification of Docket Correction re Submission to District Judge re 27 Motion to dismiss, Motion for Summary Judgment. Response due 6/14/07. (dr)

May 25, 2007

May 25, 2007

PACER
39

MOTION to Strike 27 MOTION to Dismiss MOTION for Summary Judgment Motion to Strike Affidavit with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief)(Bauer, Mary) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
40

MOTION for Relief Pursuant to Rule 56(f) with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Affidavit)(Bauer, Mary) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
41

RESPONSE re 26 MOTION to Dismiss Counts I and II of Complaint filed by Marie Justeen Mancha. (Bauer, Mary) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
42

AMENDED COMPLAINT against all defendants, filed by Marie Justeen Mancha. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Bauer, Mary) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
43

Certificate of Service by Marie Justeen Mancha re 40 MOTION for Relief Pursuant to Rule 56(f) (Bauer, Mary) Modified text (no caption) on 6/15/2007 (dr). (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
44

RESPONSE in Opposition re 27 MOTION to Dismiss MOTION for Summary Judgment filed by Maria Margarita Morales. (Attachments: # 1 Exhibit Morales Declaration)(Bauer, Mary) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
45

Response to Statement of Material Facts re 27 MOTION to Dismiss MOTION for Summary Judgment filed by Maria Margarita Morales. (Bauer, Mary) (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER
46

Statement of Material Facts re 27 MOTION to Dismiss MOTION for Summary Judgment filed by Maria Margarita Morales. (Bauer, Mary) Modified duplicative wording on 6/15/2007 (dr). (Entered: 06/14/2007)

June 14, 2007

June 14, 2007

PACER

Submission of 36 MOTION for Clarification re: 31 Order, submitted to District Judge Thomas W. Thrash. (dr)

June 14, 2007

June 14, 2007

PACER
47

STIPULATION to Withdraw Filings by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Cunningham, Jean) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

PACER
48

First MOTION for Extension of Time to File Response to First Amended Complaint with Brief In Support by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Cunningham, Jean) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

PACER
49

NOTICE of Appearance by Glenn S. Greene on behalf of Gregory L. Wiest (Greene, Glenn) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

PACER
50

RESPONSE re 48 First MOTION for Extension of Time to File Response to First Amended Complaint filed by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Brownstein, Rhonda) (Entered: 06/28/2007)

June 28, 2007

June 28, 2007

PACER
51

REPLY to Response to Motion re 48 First MOTION for Extension of Time to File Response to First Amended Complaint filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Cunningham, Jean) (Entered: 06/29/2007)

June 29, 2007

June 29, 2007

PACER
52

ORDER granting 48 Motion for Extension of Time until 8/2/07 for defendants to file responses to 42 Amended Complaint. Signed by Judge Thomas W. Thrash Jr. on 7/2/07. (dr) (Entered: 07/03/2007)

July 2, 2007

July 2, 2007

PACER
53

MOTION for Summary Judgment on Count VI of First Amended Complaint with Brief In Support by Gregory L. Wiest. (Attachments: # 1 Brief in Support of Motion for Summary Judgment# 2 Exhibit 1 (Affidavit of Gregory L. Wiest)# 3 Exhibit 2 (Affidavit of Robert Rodriguez)# 4 Statement of Material Facts)(Cunningham, Jean) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified text on 8/3/2007 (dr). (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

PACER
54

MOTION to Dismiss Counts I and II of First Amended Complaint with Brief In Support by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Attachments: # 1 Brief Memorandum In Support of Motion to Dismiss)(Juncaj, Gjon) (Entered: 08/02/2007)

Aug. 2, 2007

Aug. 2, 2007

PACER
55

Unopposed MOTION for Extension of Time re: 53 MOTION for Summary Judgment, 54 MOTION to Dismiss Counts I and II of First Amended Complaint by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Brownstein, Rhonda) (Entered: 08/17/2007)

Aug. 17, 2007

Aug. 17, 2007

PACER
56

ORDER granting 55 Motion for Extension of Time. Plaintiffs are giving an additional 14 days to respond to dfts' 53 MOTION for Summary Judgment, 54 MOTION to Dismiss Counts I and II of First Amended Complaint. Signed by Judge Thomas W. Thrash Jr. on 8/22/07. (vs) (Entered: 08/23/2007)

Aug. 22, 2007

Aug. 22, 2007

PACER
57

RESPONSE in Opposition re 54 MOTION to Dismiss Counts I and II of First Amended Complaint filed by Maria Margarita Morales, Gladis Alicia Espitia, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Brownstein, Rhonda) (Entered: 09/04/2007)

Sept. 4, 2007

Sept. 4, 2007

PACER
58

UNOPPOSED MOTION for Leave to File Excess Pages with Brief In Support by Maria Margarita Morales. (Attachments: # 1 Text of Proposed Order proposed order)(Bauer, Mary) Modified text on 9/11/2007 (dr). (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
59

MOTION for Relief pursuant to Rule 56(f) with Brief In Support by Maria Margarita Morales. (Attachments: # 1 Affidavit Attorney affidavit# 2 Brief Memorandum in Support)(Bauer, Mary) Modified relief/text on 9/11/2007 (dr). (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
60

MOTION to Strike portions of Gregory Wiest's and Robert Rodriguez' Affidavits re 53 MOTION for Summary Judgment with Brief In Support by Maria Margarita Morales. (Attachments: # 1)(Bauer, Mary) Modified text on 9/11/2007 (dr). (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
61

Response to Statement of Material Facts re 53 MOTION for Summary Judgment filed by Maria Margarita Morales. (Bauer, Mary) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
62

RESPONSE re 53 MOTION for Summary Judgment filed by Maria Margarita Morales. (Attachments: # 1 Exhibit Exhibit 1# 2 Statement of Material Facts Statement of Additional Material Facts)(Bauer, Mary) (Entered: 09/10/2007)

Sept. 10, 2007

Sept. 10, 2007

PACER
63

ORDER granting 58 Motion for Leave to File Excess Pages. Signed by Judge Thomas W. Thrash Jr. on 9/12/07. (dr) (Entered: 09/13/2007)

Sept. 12, 2007

Sept. 12, 2007

PACER
64

REPLY to Response to Motion re 54 MOTION to Dismiss Counts I and II of First Amended Complaint filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata, John Does 1-30. (Juncaj, Gjon) (Entered: 09/21/2007)

Sept. 21, 2007

Sept. 21, 2007

PACER

Submission of 54 MOTION to Dismiss Counts I and II of First Amended Complaint, submitted to District Judge Thomas W. Thrash. (dr)

Sept. 25, 2007

Sept. 25, 2007

PACER
65

Unopposed MOTION for Extension of Time to File Responsive Papers with Brief In Support by Gregory L. Wiest. (Cunningham, Jean) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

PACER
66

ORDER granting 65 Motion for Extension of Time extension of time through 10/02/07 for defendant to respond re 60 MOTION to Strike portions of affidavits, 53 MOTION for Summary Judgment, 59 MOTION for Relief pursuant to Rule 56(f), 62 Response to Motion. Signed by Judge Thomas W. Thrash Jr. on 10/01/07. (ss) (Entered: 10/01/2007)

Oct. 1, 2007

Oct. 1, 2007

PACER
67

REPLY BRIEF re 53 MOTION for Summary Judgment filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
68

Response to Statement of Material Facts re 53 MOTION for Summary Judgment filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
69

RESPONSE in Opposition re 60 MOTION to Strike portions of affidavits filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
70

RESPONSE in Opposition re 59 MOTION for Relief pursuant to Rule 56(f) filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/02/2007)

Oct. 2, 2007

Oct. 2, 2007

PACER
71

MOTION for Leave to File Sur-reply with Brief In Support by Maria Margarita Morales. (Attachments: # 1 Text of Proposed Order Proposed Order)(Bauer, Mary) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
72

DOCUMENT FILED IN ERROR - MOTION to Amend 1 Complaint, with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief Memo in Support of Motion to Amend# 2 Exhibit Proposed Amended Complaint)(Bauer, Mary) Modified on 10/4/2007 (dr). (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
73

MOTION for Discovery with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief Memo in Support of Motion for Limited Discovery and Late Service)(Bauer, Mary) (Entered: 10/03/2007)

Oct. 3, 2007

Oct. 3, 2007

PACER
74

MOTION to Amend 42 Amended Complaint with Brief In Support by Maria Margarita Morales, Gladis Alicia Espitia, David Robinson, Marie Justeen Mancha, Maria Christina Martinez, Ranulfo Perez. (Attachments: # 1 Brief in support of motion to amend# 2 Proposed Second Amended Complaint# 3 Exhibit A# 4 Exhibit B# 5 Exhibit C# 6 Exhibit D# 7 Text of Proposed Order)(Brownstein, Rhonda) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER

Notification of Docket Correction re 72 MOTION to Amend 1 Complaint which is FILED IN ERROR with an incorrect PDF attachment. Document will be refiled by attorney. (dr)

Oct. 4, 2007

Oct. 4, 2007

PACER
75

ORDER granting 71 Motion for Leave to File Sur-Reply in Opposition; sur-reply brief due 10/12/07. Signed by Judge Thomas W. Thrash Jr. on 10/4/07. (dr) (Entered: 10/05/2007)

Oct. 5, 2007

Oct. 5, 2007

PACER
76

SUR-REPLY in Opposition to 53 MOTION for Summary Judgment filed by Maria Margarita Morales. (Bauer, Mary) Modified text on 10/15/2007 (dr). (Entered: 10/12/2007)

Oct. 12, 2007

Oct. 12, 2007

PACER
77

Notice for Leave of Absence for the following date(s): 12/24/07-1/11/08, 3/7/08-3/17/08, by George Brian Spears. (Spears, George) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
78

REPLY to Response to Motion re 60 MOTION to Strike portions of affidavits filed by Marie Justeen Mancha. (Bauer, Mary) (Entered: 10/16/2007)

Oct. 16, 2007

Oct. 16, 2007

PACER
79

APPLICATION for Admission of Ramirez, Monica Ann Pro Hac Vice (Application fee $ 150, receipt number 1382119)by Gladis Alicia Espitia. (Attachments: # 1 Text of Proposed Order Order for Admission)(Spears, George) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
80

REPLY to Response to Motion re 59 MOTION for Relief pursuant to Rule 56(f) filed by Marie Justeen Mancha. (Bauer, Mary) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

PACER
81

MOTION to Withdraw Mary C. Bauer as Attorneyby Marie Justeen Mancha. (Attachments: # 1Proposed Order)(Bauer, Mary) Modified attachement on 10/19/2007 (dr). (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

PACER

APPROVAL by Clerks Office re: 79 APPLICATION for Admission of Ramirez, Monica Ann Pro Hac Vice (Application fee $ 150, receipt number 1382119). Attorney Monica Ann Ramirez for Plaintiffs added. (cdg)

Oct. 18, 2007

Oct. 18, 2007

PACER
82

RESPONSE in Opposition re 74 MOTION to Amend 42 Amended Complaint MOTION to Amend 42 Amended Complaint filed by Gregory L. Wiest. (Cunningham, Jean) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

PACER
83

RESPONSE re 73 MOTION for Discovery filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Juncaj, Gjon) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

PACER
84

RESPONSE re 74 MOTION to Amend 42 Amended Complaint MOTION to Amend 42 Amended Complaint filed by Immigration and Customs Enforcement, Michael Chertoff, Julie L. Myers, Marcy Forman, Denneth A. Smith, Gregory L. Wiest, John P. Torres, John Mata. (Juncaj, Gjon) (Entered: 10/22/2007)

Oct. 22, 2007

Oct. 22, 2007

PACER

Submission of 53 MOTION for Summary Judgment, 59 MOTION for Relief pursuant to Rule 56(f), 60 MOTION to Strike portions of affidavits, submitted to District Judge Thomas W. Thrash. (dr)

Oct. 22, 2007

Oct. 22, 2007

PACER
86

ORDER granting 79 Application of Monica A. Ramirez for Admission Pro Hac Vice. Signed by Judge Thomas W. Thrash Jr. on 10/23/07. (vs) (Entered: 10/24/2007)

Oct. 23, 2007

Oct. 23, 2007

PACER
85

ORDER GRANTING 53 Motion for Summary Judgment on Count VI of Plaintiffs' First Amended Class Action Complaint. Signed by Judge Thomas W. Thrash Jr. on 10/23/2007. (sjk)

Oct. 24, 2007

Oct. 24, 2007

RECAP
87

ORDER granting 81 Motion to Withdraw as Attorney. Attorney Arlen S. Benjamin-Gomez terminated. Signed by Judge Thomas W. Thrash Jr. on 10/24/07. (dr) (Entered: 10/26/2007)

Oct. 25, 2007

Oct. 25, 2007

PACER
88

MOTION for Leave to File Excess Pages with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Text of Proposed Order)(Bauer, Mary) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER
89

DOCUMENT FILED IN ERROR - MOTION for Reconsideration re 85 Order on Motion for Summary Judgment with Brief In Support by Marie Justeen Mancha. (Attachments: # 1 Brief)(Bauer, Mary) Modified on 11/7/2007 (dr). (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 1, 2006

Closing Date: July 31, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons of Mexican, Latin, or Hispanic origin or appearance who are within the formal jurisdiction and actual territory covered by Immigration and Customs Enforcement agents who are directed from the Special Agentin-Charge Office in Atlanta, Georgia.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

U.S. Immigration and Customs Enforcement, Federal

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 35,000

Issues

General/Misc.:

Search policies

Discrimination Basis:

National origin discrimination

Race discrimination

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

ICE/DHS/INS raid