Case: Martinez v. Chertoff

1:07-cv-00722 | U.S. District Court for the Southern District of Ohio

Filed Date: Aug. 31, 2007

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On August 31, 2007, two plaintiffs filed suit in the United States District Court for the Southern District of Ohio individually and on behalf of over 120 individuals who were arrested and detained several days earlier during an immigration enforcement raid conducted by the local sheriff and federal agents of the Immigration and Custom Enforcement at a chicken processing plant in Fairfield, Ohio. The Emergency Petition for Writ of Habeas Corpus, Writ of Mandamus, Complaint for Declaratory and …

On August 31, 2007, two plaintiffs filed suit in the United States District Court for the Southern District of Ohio individually and on behalf of over 120 individuals who were arrested and detained several days earlier during an immigration enforcement raid conducted by the local sheriff and federal agents of the Immigration and Custom Enforcement at a chicken processing plant in Fairfield, Ohio. The Emergency Petition for Writ of Habeas Corpus, Writ of Mandamus, Complaint for Declaratory and Injunctive Relief, and Motion for a Stay of Removal, was filed in the U.S. District Court for the Southern District of Ohio. Plaintiffs alleged that the conduct of the local and federal officers was in violation of the Supremacy Clause, the Due Process Clause, the Equal Protection Clause, 42 U.S.C. § 1981 and 42 U.S.C. § 1983. Plaintiffs also sought relief under the Immigration and Nationality Act, 8 U.S.C. § 1151, §1255; Administration Procedure Act, 5 U.S.C. § 701, Mandamus Act 28 U.S.C. § 1361, Declaratory Judgment Act, 28 U.S.C. § 220 and the All Writs Act, 28 U.S.C. § 1651.

After the suit was filed, the parties reached an informal agreement that no detained workers would be immediately deported or moved to a jail outside of the Greater Cincinnati area.

Koch Foods, the owner of the raided chicken plant, sought emergency intervention in the case and filed a motion for a Temporary Restraining Order and preliminary injunction to prevent the government from removing or deporting any of the detained Koch Foods workers. Anticipating further legal exposure, Koch Foods asserted that it needed to interview the detained workers to aid in its defense against any potential criminal investigation and prosecution.

Over the course of the next several months, many of the workers either left the country or opted to drop the charges. As a result, the Plaintiffs moved for, and were granted, dismissal of the case without prejudice on October 26, 2007.

Summary Authors

Joshua Arocho (7/13/2012)

People


Judge(s)

Dlott, Susan J. (Ohio)

Hogan, Timothy Sylvester (Ohio)

Attorneys(s) for Plaintiff

Crouse, Candace C. (Ohio)

Nesbit, Mark (Ohio)

Pillich, Constance M. (Ohio)

Pinales, Martin Stanley (Ohio)

Attorneys(s) for Defendant

Ferguson, Dan Lee (Ohio)

Holtzman, Jan Martin (Ohio)

Kaminski, Gerald Francis (Ohio)

Terrien, Jeb (Ohio)

Judge(s)

Dlott, Susan J. (Ohio)

Hogan, Timothy Sylvester (Ohio)

Attorneys(s) for Plaintiff

Crouse, Candace C. (Ohio)

Nesbit, Mark (Ohio)

Pillich, Constance M. (Ohio)

Pinales, Martin Stanley (Ohio)

Attorneys(s) for Defendant

Ferguson, Dan Lee (Ohio)

Holtzman, Jan Martin (Ohio)

Kaminski, Gerald Francis (Ohio)

Terrien, Jeb (Ohio)

Other Attorney(s)

Lockhart, Gregory G. (Ohio)

Namei, Firooz Taghi (Ohio)

Documents in the Clearinghouse

Document

Docket (PACER)

Martinez v. Chertoff

Oct. 29, 2007 Docket
1

Petition for a Writ of Habeas Corpus, Writ of Mandamus, Complaint for Declaratory and Injunctive Relief and Motion for a Stay of Removal

Aug. 31, 2007 Complaint
9

Plaintiff-Intervenor’s Motion for a Temporary Restraining Order and Preliminary Injunction

Sept. 10, 2007 Pleading / Motion / Brief
23

Notice of Dismissal

Martinez v. Chertoff

Sept. 21, 2007 Notice Letter
24

Motion to Dismiss Without Prejudice

Oct. 19, 2007 Pleading / Motion / Brief
24

Order

Oct. 26, 2007 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

EMERGENCY PETITITION FOR WRIT OF HABEAS CORPUS, WRIT OF MANDAMUS, COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, AND MOTION FOR A STAY OF REMOVAL filed by Plaintiffs Ivan Munoz Martinez and Esmerelda T Bermudez against Defendants Richard K Jones, Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, and Todd Smith.(Filing fee $ 350.) (Attachments: # 1 Civil Cover Sheet) (scot1, ) (Entered: 08/31/2007)

Aug. 31, 2007

Filing fee: $ 350, receipt number 435434 (scot1, ) (Entered: 08/31/2007)

Aug. 31, 2007

Minute Entry for proceedings held before Judge Susan J. Dlott : Hearing held on 8/31/2007. Parties to prepare a notice and distribute notice to any and all of the INS detainees advising them that there are Cincinnati attorneys who will give them free legal assistance (Court Reporter Julie Wolfer (Official).) (wam, ) (Entered: 08/31/2007)

Aug. 31, 2007
2

Summons Issued as to Richard K Jones. (scot1, ) Additional attachment(s) added on 8/31/2007 (scot1, ). (Entered: 08/31/2007)

Aug. 31, 2007

Notice of Correction re 2 Summons Issued: Incorrect PDF originally attached by Clerk. Clerk reattached correct PDF. (scot1, ) (Entered: 08/31/2007)

Aug. 31, 2007
3

Summons Issued as to Ivan Munoz Martinez, Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, Todd Smith, U.S. Attorney and U.S. Attorney General (scot1, ) (Entered: 08/31/2007)

Aug. 31, 2007
4

Emergency MOTION to Intervene by Koch Foods of Cincinnati LLC . (Attachments: # 1 Exhibit A (Complaint)# 2 Exhibit B (Search Warrant)# 3 Exhibit C (Newspaper Article)# 4 Exhibit D (Letter)# 5 Exhibit D (Letter)) (Crouse, Candace) (Entered: 09/07/2007)

Sept. 7, 2007
5

MOTION for Preliminary Injunction by Intervenor Plaintiff Koch Foods of Cincinnati LLC. (Crouse, Candace) (Entered: 09/07/2007)

Sept. 7, 2007
6

NOTICE of Appearance by Martin Stanley Pinales Intervenor Plaintiff Koch Foods of Cincinnati LLC (Pinales, Martin) (Entered: 09/07/2007)

Sept. 7, 2007
7

MOTION for Hearing by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez. (Attachments: # 1 Exhibit Ex. 1, Affidavit of Ismael Gonzalez−Ocampo# 2 Exhibit Ex. 2, List of Free Legal Services Providers# 3 Exhibit Ex. 3, ICE Transfer Standards# 4 Exhibit Ex. 4, Notice of Appearance) (Namei, Firooz) (Entered: 09/10/2007)

Sept. 10, 2007

Notice of Correction re 5 MOTION for Preliminary Injunction: Document is a two part motion that also included a Motion for TRO. Attorney to refile same PDF as a Motion for TRO. (scot1, ) (Entered: 09/10/2007)

Sept. 10, 2007
8

RESPONSE to Motion re 5 MOTION for Preliminary Injunction Federal Defendants' Memorandum Regarding Standing of Proposed Intervenor to Seek an Injunction filed by Defendants Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, Todd Smith. (Kaminski, Gerald) (Entered: 09/10/2007)

Sept. 10, 2007
9

MOTION for Temporary Restraining Order by Intervenor Plaintiff Koch Foods of Cincinnati LLC. (Crouse, Candace) (Entered: 09/10/2007)

Sept. 10, 2007
10

Supplemental Memorandum Supporting re 5 MOTION for Preliminary Injunction, 4 Emergency MOTION to Intervene by Koch Foods of Cincinnati LLC , 9 MOTION for Temporary Restraining Order filed by Intervenor Plaintiff Koch Foods of Cincinnati LLC. (Attachments: # 1 Exhibit A (Pinales Affidavit# 2 Exhibit B (Reisen Affidavit)) (Crouse, Candace) (Entered: 09/10/2007)

Sept. 10, 2007

Minute Entry for proceedings held before Judge Susan J. Dlott : Motion Hearing held on 9/7/2007 re 5 MOTION for Preliminary Injunction/TRO filed by Koch Foods of Cincinnati LLC. Matter taken under advisement. (Court Reporter Jodie Perkins (Official).) (wam, ) Modified docket text on 9/11/2007 (scot1, ). (Entered: 09/10/2007)

Sept. 10, 2007

Minute Entry for proceedings held before Judge Susan J. Dlott : Motion Hearing held on 9/10/2007 re 7 EMERGENCY MOTION for Evidentiary Hearing. (Court Reporter Julie Wolfer (Official).) (wam, ) Modified docket text on 9/11/2007 (scot1, ). (Entered: 09/11/2007)

Sept. 11, 2007
11

MOTION to Take Deposition from Ivan Munoz Martinez and Esmerelda T. Bermudez by Defendant Richard K Jones. (Ferguson, Dan) (Entered: 09/11/2007)

Sept. 11, 2007
12

NOTICE of Appearance by Dan Lee Ferguson Defendant Richard K Jones (Ferguson, Dan) (Entered: 09/11/2007)

Sept. 11, 2007
13

NOTICE by Defendant Richard K Jones re 11 MOTION to Take Deposition from Ivan Munoz Martinez and Esmerelda T. Bermudez 9/21/2007 at 10:00p.m. (Ferguson, Dan) (Entered: 09/11/2007)

Sept. 11, 2007
14

NOTICE of Hearing on Motion 11 MOTION to Take Deposition from Ivan Munoz Martinez and Esmerelda T. Bermudez : Motion Hearing set for 9/17/2007 at 2:00 PM in chambers before Judge Susan J. Dlott. (wam, ) (Entered: 09/13/2007)

Sept. 13, 2007
15

RESPONSE to Motion re 7 MOTION for Hearing MEMORANDUM OF LAW REGARDING THE APPLICATION OF THE REAL ID ACT OF 2005 TO PLAINTIFF GONZALEZ−OCAMPOS CONSTITUTIONAL CHALLENGE TO HIS STIPULATED ORDER OF REMOVAL filed by Defendants Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, Todd Smith. (Attachments: # 1 Exhibit In Removal Proceedings# 2 Exhibit Stipulated Request for Removal Order) (Kaminski, Gerald) (Entered: 09/13/2007)

Sept. 13, 2007
16

PRETRIAL MEMORANDUM by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez. (Namei, Firooz) (Entered: 09/15/2007)

Sept. 15, 2007
17

MOTION to Amend/Correct 16 Pretrial Memorandum by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez. (Namei, Firooz) (Entered: 09/15/2007)

Sept. 15, 2007

Minute Entry for proceedings held before Judge Susan J. Dlott : Motion Hearing held on 9/17/2007 re 11 MOTION to Take Deposition from Ivan Munoz Martinez and Esmerelda T. Bermudez filed by Richard K Jones. (Court Reporter Jodie Perkins (Official).) (wam, ) (Entered: 09/17/2007)

Sept. 17, 2007
18

ORDER granting 17 Motion to supplement memorandum with Sixth Circuit decision. Signed by Judge Susan J. Dlott on 9/18/07. (wam, ) (Entered: 09/18/2007)

Sept. 18, 2007
19

[FORMER DOC. 19] NOTICE of Appearance by Constance M Pillich Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) Modified on 9/20/2007 to remove PDF (mg1, ). (Entered: 09/19/2007)

Sept. 19, 2007
20

[FORMER DOC. 20] NOTICE of Voluntary Dismissal by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) Modified on 9/20/2007 to remove PDF (mg1, ). (Entered: 09/19/2007)

Sept. 19, 2007
21

NOTICE of Appearance by Constance M Pillich Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) (Entered: 09/20/2007)

Sept. 20, 2007
22

[FORMER DOC. 22] NOTICE of Voluntary Dismissal by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) Modified to remove PDF on 9/21/2007 (scot1, ). (Entered: 09/20/2007)

Sept. 20, 2007

Notice of Correction re [FORMER DOC. 22] Notice of Voluntary Dismissal: PDF was unsigned. Attorney to refile. (scot1, ) (Entered: 09/21/2007)

Sept. 21, 2007
23

NOTICE of Voluntary Dismissal by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez (Pillich, Constance) (Entered: 09/21/2007)

Sept. 21, 2007
24

MOTION to Dismiss by Plaintiffs Ivan Munoz Martinez, Esmerelda T Bermudez.Responses due by 10/19/2007 (Namei, Firooz) (Entered: 10/19/2007)

Oct. 19, 2007
25

RESPONSE to Motion re 24 MOTION to Dismiss Federal Defendants' Notice of Non−Opposition to Plaintiffs' Motion to Dismiss this Lawsuit Without Prejudice filed by Defendants Secretary, Department of Homeland Security, Assistant Secretary, US Department of Homeland Security, District Director, ICE, Todd Smith. (Kaminski, Gerald) (Entered: 10/22/2007)

Oct. 22, 2007
26

NOTICE by Defendant Richard K Jones of Non−Opposition of Motion to Dismiss (Ferguson, Dan) (Entered: 10/26/2007)

Oct. 26, 2007
27

TRANSCRIPT of Proceedings (Hearing) held on August 31, 2007 before Judge Susan J. Dlott. Court Reporter: Julie Wolfer (Official). NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (scot1, ) (Entered: 10/29/2007)

Oct. 29, 2007
28

TRANSCRIPT of Proceedings (Motions Hearing) held on September 10, 2007 before Judge Susan J. Dlott. Court Reporter: Julie Wolfer (Official). NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms − Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (scot1, ) (Entered: 10/29/2007)

Oct. 29, 2007
29

ORDER granting 24 Motion to Dismiss without prejudice. Signed by Judge Susan J. Dlott on 10/26/07. (wam1, ) (Entered: 10/29/2007)

Oct. 29, 2007

State / Territory: Ohio

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 31, 2007

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals arrested and detained for alleged immigration violations by local and federal authorities at Koch Food plant

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Custom Enforcement, Federal

Department of Homeland Security, Federal

Sheriff of Butler County (Butler), County

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

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

Mandamus, 28 U.S.C. § 1361

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Constitutional rights

Criminal prosecution

Detention - conditions

Detention - criteria

Detention - procedures

Employer sanctions

Employment

Undocumented immigrants - rights and duties

Work authorization - criteria

Work authorization - procedures