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 attrorneys, see: https://www.courtlistener.com/docket/4820070/parties/mancha-v-immigration-and-customs-enforcement/


Judge(s)

Thrash, Thomas W. Jr. (Georgia)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Benjamin-Gomez, Arlen S (Alabama)

Brownstein, Rhonda C. (Alabama)

Bruner, Kelley McNair (Alabama)

Dees, Morris S. Jr. (Alabama)

Fisher, Genesis R.A.C. (Alabama)

Hoffman, Paul L. (California)

Knoepp, James Melvin (Georgia)

Lapointe, Michelle R. (Georgia)

Judge(s)

Thrash, Thomas W. Jr. (Georgia)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Benjamin-Gomez, Arlen S (Alabama)

Brownstein, Rhonda C. (Alabama)

Bruner, Kelley McNair (Alabama)

Dees, Morris S. Jr. (Alabama)

Fisher, Genesis R.A.C. (Alabama)

Hoffman, Paul L. (California)

Knoepp, James Melvin (Georgia)

Lapointe, Michelle R. (Georgia)

Ramírez, Mónica M. (California)

Spears, George Brian (Georgia)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Cunningham, Jean M. (District of Columbia)

Greene, Glenn S. (District of Columbia)

Juncaj, Gjon (District of Columbia)

Long, Alonzo H. (Georgia)

Stokes, Sharon Douglas (Georgia)

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

2009 WL 900800

March 31, 2009

March 31, 2009

Order/Opinion

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

Resources

Docket

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

Last updated Aug. 11, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
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
97

OPINION AND ORDER granting 54 Motion to Dismiss Counts I and II of the Amended Class Action Complaint; the request for declaratory and injunctive relief in Counts I and II are DISMISSED without prejudice. Signed by Judge Thomas W. Thrash, Jr on 12/3/07. (dr)

Dec. 5, 2007

Dec. 5, 2007

RECAP
226

ORDER denying 148 Motion to Dismiss, denying 150 Motion for Protective Order, granting 152 Motion for Leave to File, granting 153 Motion for Extension of Time. Signed by Judge Thomas W. Thrash, Jr on 3/31/09. (dr)

March 31, 2009

March 31, 2009

RECAP

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):

Equal Protection

Unreasonable search and seizure

Availably 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:

Search policies

Discrimination-basis:

National origin discrimination

Race discrimination

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

ICE/DHS/INS raid