Case: Argueta v. Myers

3:08-cv-01652 | U.S. District Court for the District of New Jersey

Filed Date: April 3, 2008

Closed Date: Sept. 21, 2012

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Case Summary

On April 3, 2008, twelve individual plaintiffs filed this lawsuit in the U.S. District Court for the District of New Jersey. Represented by private counsel and attorneys from the Center for Constitutional Rights, the plaintiffs sued U.S. Immigration and Customs Enforcement ("ICE") and officers of the Penns Grove, N.J., Police Department, under 42 U.S.C. § 1983 and the New Jersey Constitution. On May 22, 2008, the plaintiffs amended their complaint. The plaintiffs sought compensatory and punitiv…

In the amended complaint, the plaintiffs alleged that the defendants violated their Fourth and Fifth Amendment rights in the course of committing unlawful entries and dragnet searches of homes “in which the agents only loosely suspect immigrant families may reside.” The plaintiffs further argued that the defendants “detained the occupants without judicial warrant or other legal justification.” The defendants' conduct was allegedly part of an enforcement effort called "Operation Return to Sender," designed to apprehend persons subject to outstanding deportation orders whom ICE regarded as "fugitives." In addition to claims based upon Fourth Amendment protections against unreasonable search and seizure and the use of excessive force, the plaintiffs cited the Fifth Amendment's due process clause as a basis for their allegations that the defendants violated the plaintiffs' rights to be free from abusive governmental conduct that shocks the conscience, from prevention of consultation with counsel regarding immigration proceedings, and from denial of equal protection of the laws based upon race and ethnicity. According to the plaintiffs, much of the illegal conduct followed agency imposition of increased arrest quotas on understaffed and ill-trained ICE Fugitive Operations Teams. The Teams subsequently conducted fugitive searches as pretext to arrest undocumented immigrants and relied upon outdated, inaccurate, and incomplete information in ICE databases. Eight of the plaintiffs were named, while four remained anonymous due to fear of retaliation. The plaintiffs include U.S. citizens and lawful residents.

On the same date as the filing of their amended complaint, the plaintiffs sought preliminary and permanent injunctions. The defendants filed two motions to dismiss on June 26, 2008 and July 8, 2008. The Court partially granted the defendants' motion to dismiss the request for preliminary injunction without prejudice, but denied the motion to dismiss the request for permanent injunction on September 8, 2008. On May 7, 2009, the court issued a subsequent order on this motion, denying the defendants’ motion to dismiss, except with regard to the claims asserted by the anonymous plaintiffs. The court argued that they could amend the complaint to include their identity as they had demonstrated why the need for anonymity outweighed the need for fairness. 2009 WL 1307236.

The plaintiffs filed a second amended complaint identifying one of the anonymous plaintiffs on June 8, 2009, which the individual federal defendants moved to dismiss on June 18 on the basis of qualified immunity. The Court denied the motion on January 27, 2010, arguing that the defendants’ conduct plausibly could have violated a clearly established constitutional right of which they were aware existed. In short, the defendants failed to meet the test for qualified immunity. 2010 WL 398839.

Defendants who were higher-ranking ICE officers (rather than the ones carrying out the raids) appealed both of these orders.

While the case was pending in the Third Circuit, the plaintiffs filed their third amended complaint in the district court on April 16, 2010. In response, three of the defendants, who were municipal officers, sought to dismiss the claims against them on June 24 and July 27, 2010. The court granted the motions on Nov. 29, 2010. Meanwhile, on Aug. 9, 2010, the defendants moved to dismiss the complaint. On Feb. 3, 2011, the court dismissed plaintiff Guzman’s substantive due process claim, but sustained her subject matter jurisdiction claim (stating that the Fifth amendment claim should be dismissed because the facts stated were properly already used under the Fourth amendment claim).

On June 14, 2011, the Third Circuit Court of Appeals reversed the district court’s order from Jan. 27, 2010 denying the defendants’ motion to dismiss and remanded it for further proceedings. The Third Circuit concluded that the district court had subject matter jurisdiction, but reversed the district court's denial of qualified immunity. The Third Circuit argued that the ICE officers “specifically charged with enforcing federal immigration law” occupied relatively high-ranking positions and acted lawfully by increasing arrest goals. Indeed, “qualified immunity doctrine exists to encourage vigorous and unflinching enforcement of the law.” 643 F.3d 60.

On September 21, 2012, the Court dismissed the case with prejudice on the grounds that the plaintiffs and the ICE Agent defendants “amicably resolved the matter.” The plaintiffs were awarded $295,000 as part of the settlement. The settlement agreement does not appear to be publicly available at this time. The case was left open for 90 days, but as the plaintiffs did not motion to re-open the case, the matter is now closed.

	Document
3:08-cv-01652	Docket [PACER]	Nov. 13, 2012	Nov. 13, 2012 Docket
1 3:08-cv-01652	Complaint and Jury Demanded	April 3, 2008	April 3, 2008 Complaint
16-4 3:08-cv-01652	Memorandum of Law in Support of Order to Show Cause	May 22, 2008	May 22, 2008 Pleading / Motion / Brief
15 3:08-cv-01652	First Amended Complaint	May 22, 2008	May 22, 2008 Complaint
34 3:08-cv-01652	Motion to Dismiss, Memorandum in Support of Defendant's Motion to Dismiss, and Certificate of Service	June 26, 2008	June 26, 2008 Pleading / Motion / Brief
94 3:08-cv-01652	Opinion Argueta v. United States Immigration and Customs Enforcement	May 7, 2009	May 7, 2009 Order/Opinion 2009 WL 1307236
135 3:08-cv-01652	Opinion II Argueta v. U.S. Immigration and Customs Enforcement	Jan. 27, 2010	Jan. 27, 2010 Order/Opinion
162 3:08-cv-01652	Third Amended Complaint Argueta et al. v. ICE et al.	April 16, 2010	April 16, 2010 Complaint
173 3:08-cv-01652	Consent Order on Service of Summons and Third Amended Complaint Argueta v. United States Immigration and Customs Enforcement	June 2, 2010	June 2, 2010 Order/Opinion
003110306015 3:08-cv-01652	Brief for the Appellants Argueta v. United States Immigration and Customs Enforcement U.S. Court of Appeals for the Third Circuit	Oct. 6, 2010	Oct. 6, 2010 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN LOE PENNS GROVE OFFICERS 1-10 ( Filing fee $ 350 receipt number 1936659.) JURY DEMAND, filed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (Attachments: # 1 EXH A, # 2 EXH B, # 3 EXH C PT 1, # 4 EXH C PT 2, # 5 EXH D, # 6 EXH E, # 7 SMS-1, # 8 SMS-2, # 9 SMS-3, # 10 SMS-4)(dr, ) (Entered: 04/07/2008)	April 3, 2008	April 3, 2008
2	Summons Issued as to JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ. Days Due - 60. MLD TO COUNSEL BAHER AZMY, SETON HALL LAW UNIVERSITY SCH OF LAW, NEWARK,NJ(dr, ) (dr, ). Modified on 4/8/2008 (dr, ). (Entered: 04/07/2008)	April 7, 2008	April 7, 2008
3	NOTICE of Appearance by HEATHER COLLEEN BISHOP on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (BISHOP, HEATHER) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008
4	NOTICE of Appearance by SCOTT LEE WALKER on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (WALKER, SCOTT) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008
5	NOTICE of Appearance by R. SCOTT THOMPSON on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (THOMPSON, R.) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008
6	NOTICE of Appearance by NATALIE JANET KRANER on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (KRANER, NATALIE) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008
7	NOTICE of Appearance by AURORA FRANCESCA PARRILLA on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (PARRILLA, AURORA) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008
8	NOTICE of Appearance by DAVID MARSHALL REINER on behalf of CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 (REINER, DAVID) (Entered: 04/07/2008)	April 7, 2008	April 7, 2008
9	Letter from R. Scott Thompson. (THOMPSON, R.) (Entered: 04/14/2008)	April 14, 2008	April 14, 2008
10	AFFIDAVIT of Service for Summons, Complaint, Exhibits served on Bartolome Rodriguez on 04/17/2008, filed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (BISHOP, HEATHER) (Entered: 04/30/2008)	April 30, 2008	April 30, 2008
11	AFFIDAVIT of Service for Summons, Complaint, Exhibits served on Scott Weber on 04/17/2008, filed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (BISHOP, HEATHER) (Entered: 04/30/2008)	April 30, 2008	April 30, 2008
12	AFFIDAVIT of Service for Summons, Complaint, Exhibits served on United States Attorney for District of New Jersey Christopher J. Christie on 04/17/2008, filed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (BISHOP, HEATHER) (Entered: 04/30/2008)	April 30, 2008	April 30, 2008
	CLERK'S QUALITY CONTROL MESSAGE: - The 10, 11, 12 AFFIDAVIT OF SERVICE filed by H. BISHOP on 4/30/08 was submitted incorrectly as aN AFFIDAVIT OF SERVICE. PLEASE RESUBMIT THE DOCUMENT(S) *SUMMONS RETURNED EXECUTED. This submission will remain on the docket unless otherwise ordered by the court. (dc, )	April 30, 2008	April 30, 2008
	Update Answer Due Deadline as to defts Weber & Rodriguez until 6/16/08 (sr, )	May 8, 2008	May 8, 2008
13	SUMMONS Returned Executed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. JULIE L. MYERS served on 4/22/2008, answer due 6/23/2008. (BISHOP, HEATHER) (Entered: 05/09/2008)	May 9, 2008	May 9, 2008
14	SUMMONS Returned Executed by CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. JOHN P. TORRES served on 4/22/2008, answer due 6/23/2008. (BISHOP, HEATHER) (Entered: 05/09/2008)	May 9, 2008	May 9, 2008
15	AMENDED COMPLAINT against all defendants all defendants., filed by Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, CARLOS ROE 4, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C--part 1, # 4 Exhibit C--part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Summons Rodriguez, # 8 Summons United States Immigration and Customs Enforcement ("ICE"), # 9 Summons Torres, # 10 Summons Myers, # 11 Summons Weber)(THOMPSON, R.) (Entered: 05/22/2008)	May 22, 2008	May 22, 2008
16	MOTION for Order to Show Cause by Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo. (Attachments: # 1 Declaration Declaration of Walter Chavez, # 2 Declaration Declaration of Ana Galindo, # 3 Brief Memorandum in Support of Order to Show Cause, # 4 Certificate of Service)(THOMPSON, R.) (Entered: 05/22/2008)	May 22, 2008	May 22, 2008
	Set/Reset Hearings: Show Cause Hearing set for 5/27/2008 at 11:00 AM in Newark - Courtroom 4A before Judge Peter G. Sheridan. (dh, )	May 22, 2008	May 22, 2008
27	Minute Entry for proceedings held before Judge Peter G. Sheridan: Show Cause Hearing held on 5/27/2008, Telephone Conference held on 5/27/2008. (Court Reporter Ira Rubenstein.) (dh, ) (Entered: 06/03/2008)	May 27, 2008	May 27, 2008
17	Summons Issued as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), U.S. Attorney (Due - 60 days), re 15 Amended Complaint (Mailed to R. Scott Thompson, Esq.) (dc, ) (dc, ). (Entered: 05/28/2008)	May 28, 2008	May 28, 2008
18	Summons Issued as to JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, U.S. Attorney (Due - 10 days), re 15 Amended Complaint (Mailed to R. Scott Thompson, Esq.) (Additional attachment(s) added on 5/29/2008: # 1 Summons as to Bartolome Rodriguez, # 2 Summons as to John P. Torres, # 3 Summons as to Julie L. Myers) (dc, ). (Entered: 05/28/2008)	May 28, 2008	May 28, 2008
19	Letter from Counsel for Defendant to Hon. Peter G. Sheridan Transmitting ICE Letter to Plaintiffs' Counsel (As Agreed on the Record on 5/27/08). (Attachments: # 1 ICE Letter to Plaintiffs' Counsel)(CLARK, JAMES) (Entered: 05/28/2008)	May 28, 2008	May 28, 2008
20	NOTICE of Appearance by SCOTT LEE WALKER on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (WALKER, SCOTT) (Entered: 05/29/2008)	May 29, 2008	May 29, 2008
21	NOTICE of Appearance by HEATHER COLLEEN BISHOP on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (BISHOP, HEATHER) (Entered: 05/29/2008)	May 29, 2008	May 29, 2008
22	Letter from Scott L. Walker, Counsel to Plaintiffs Walter Chavez, Ana Galindo, and W.C. (by and through his parents Walter Chavez and Ana Galindo). (Attachments: # 1 Text of Proposed Order Regarding Preliminary Injunction Schedule)(WALKER, SCOTT) (Entered: 05/29/2008)	May 29, 2008	May 29, 2008
23	NOTICE of Appearance by DAVID MARSHALL REINER on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (REINER, DAVID) (Entered: 05/29/2008)	May 29, 2008	May 29, 2008
24	NOTICE of Appearance by AURORA FRANCESCA PARRILLA on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (PARRILLA, AURORA) (Entered: 05/29/2008)	May 29, 2008	May 29, 2008
25	NOTICE of Appearance by BAHER AZMY on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (AZMY, BAHER) (Entered: 05/30/2008)	May 30, 2008	May 30, 2008
26	NOTICE of Appearance by NATALIE JANET KRANER on behalf of Walter Chavez, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo (KRANER, NATALIE) (Entered: 06/02/2008)	June 2, 2008	June 2, 2008
28	NOTICE of Appearance by GJON JUNCAJ on behalf of JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN DOE ICE AGENTS 1-50 (JUNCAJ, GJON) (Entered: 06/05/2008)	June 5, 2008	June 5, 2008
29	NOTICE of Appearance by EDWARD JOHN MARTIN on behalf of JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ (MARTIN, EDWARD) (Entered: 06/10/2008)	June 10, 2008	June 10, 2008
30	Application and Proposed Order for Clerk's Order to extend time to answer as to Individual Federal Defendants Myers, Torres, Weber and Rodriguez.. (MARTIN, EDWARD) (Entered: 06/10/2008)	June 10, 2008	June 10, 2008
	CLERKS TEXT ORDER - The Application for a Clerks Order Extending Time to Answer - Document # 30 submitted by E. MARTIN on 6/10/08 has been GRANTED. The answer due date has been set for 7/8/08. (dc, )	June 10, 2008	June 10, 2008
31	Letter from Heather C. Bishop re: Application for the Pro Hac Vice Admission of Bassina Farbenblum. (Attachments: # 1 Affidavit of Bassina Farbenblum, Esq., # 2 Certification of Scott L. Walker, Esq. in Support of the Application for the Pro Hac Vice Admission of Bassina Farbenblum, # 3 Text of Proposed Order)(BISHOP, HEATHER) (Entered: 06/25/2008)	June 25, 2008	June 25, 2008
32	Certification of Scott L. Walker in Support of the Application for the Pro Hac Vice Admission of Bassina Farbenblum (Corrected) on behalf of Walter Chavez, CARLOS ROE 4, Ana Galindo, W.C., by and through his parents Walter Chavez and Ana Galindo, MARIA ARGUETA, ARTURO FLORES, BYBYANA ARIAS, JUAN ONTANEDA, VERONICA COVIAS, CARLA ROE 1, CARLA ROE 2, CARLOS ROE 2, CARLA ROE 3 Re 31 Letter,. (BISHOP, HEATHER) (Entered: 06/25/2008)	June 25, 2008	June 25, 2008
33	APPLICATION FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD AND ORDER. Signed by Judge Peter G. Sheridan on 6/25/08. (dc, ) (Entered: 06/26/2008)	June 26, 2008	June 26, 2008
34	MOTION to Dismiss Plaintiffs' Request for Equitable Relief by JULIE L. MYERS, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ("ICE"), JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ, JOHN SOE ICE SUPERVISORS 1-25, JOHN DOE ICE AGENTS 1-50. Responses due by 7/18/2008 (Attachments: # 1 Brief Memorandum in Support of US Defendants' Motion to Dismiss Plaintiffs' Request For Equitable Relief, # 2 Exhibit Ex. 1 of Memorandum in Support of US Defendants' Motion to Dismiss, # 3 Exhibit Ex. 2 of Memorandum in Support of US Defendants' Motion to Dismiss, # 4 Certificate of Service)(JUNCAJ, GJON) (Entered: 06/26/2008)	June 26, 2008	June 26, 2008
	Set/Reset Deadlines as to 34 MOTION to Dismiss Plaintiffs' Request for Equitable Relief. Motion Hearing set for 9/15/2008 before Judge Peter G. Sheridan. Please be advised that this motion will be decided on the papers unless otherwise notified by the court. (dc, )	June 26, 2008	June 26, 2008
35	MOTION to Dismiss by JULIE L. MYERS, JOHN P. TORRES, SCOTT WEBER, BARTOLOME RODRIGUEZ. Responses due by 7/28/2008 (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(MARTIN, EDWARD) (Entered: 07/08/2008)	July 8, 2008	July 8, 2008

Case: Argueta v. Myers

3:08-cv-01652 | U.S. District Court for the District of New Jersey

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