Case: El Badrawi v. Department of Homeland Security

3:07-cv-01074 | U.S. District Court for the District of Connecticut

Filed Date: July 13, 2007

Closed Date: 2011

Clearinghouse coding complete

Case Summary

On July 13, 2007, Plaintiff filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut, New Haven Division. Plaintiff is a foreign national who had lawfully studied and worked in the United States for nearly eleven years. On the morning of October 29, 2004, when he left his apartment to work, Plaintiff was arrested on the charge that he had overstayed his period of authorized stay as a nonimmigrant visa holder by federal agents. Plaintiff was t…

On July 13, 2007, Plaintiff filed a civil rights action under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut, New Haven Division. Plaintiff is a foreign national who had lawfully studied and worked in the United States for nearly eleven years. On the morning of October 29, 2004, when he left his apartment to work, Plaintiff was arrested on the charge that he had overstayed his period of authorized stay as a nonimmigrant visa holder by federal agents. Plaintiff was then held without bail at the Hartford Correctional Center (HCC), a state run prison facility, in the custody of U.S. Immigration and Customs Enforcement ("ICE"), a unit of the Department of Homeland Security ("DHS"). Represented by public interest attorneys from Yale Law School and Asian American Legal Defense and Education Fund, Plaintiff brought this action against various departments and officials of the federal and state governments, challenging the legality his arrest, his detention, and the conditions under which he was detained.

Defendants filed a motion to dismiss or for summary judgment. On September 22, 2008, in a published opinion, the Court (Judge Janet C. Hall) dismissed a number of Plaintiff's claims. However, the court denied Defendant's motion for summary judgment and held that Plaintiff had stated claims against the United States under the Federal Tort Claims Act ("FTCA") for false arrest and for abuse of process with respect to his detention following the agreement to voluntarily departure. The Court also held that Plaintiff had stated claims, pursuant to 42 U.S.C. section 1983, against HCC's Warden for violations of the Free Exercise Clause and the Eighth Amendment. The Court also granted Plaintiff permission to amend the Complaint in order to plead claims against a Chaplain at HCC; and HCC's Director of Food Services, pursuant to the Religious Land Use and Institutionalized Persons Act ("RLUIPA"), 42 U.S.C. §§ 2000cc et seq.

Plaintiff's Second Amended Complaint, filed on November 07, 2008, became the surviving complaint of this action.

After a long and contentious battle in discovery, Defendants again filed motions for summary in late August and early September of 2010. Plaintiff filed its opposition and cross-motion for summary judgment in November. The American Immigration Council and the American Immigration Lawyers Association filed an amici brief to support the Plaintiff.

On April 12, 2011, in a published opinion, the Court (Judge Hall) denied Defendants' motion for summary judgment and granted in part and denied in part Plaintiff's cross motion for summary judgment. The Court ruled that an H-1B worker who had timely sought an extension of that visa status, and who was authorized to continue working under 8 CFR § 274a.12(b)(20), could not be arrested or subjected to removal. The Court's opinion revolves around the meaning of 8 CFR § 274a.12(b)(20), which the Court summarized as follows: "A nonimmigrant alien [who was admitted under one of various forms of work-based visas, including an H-1B visa] whose status has expired but who has filed a timely application for an extension of such stay....[is] authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay."

Later, the parties settled this action in full. On August 15, 2011, the action was dismissed with prejudice.

Summary Authors

Xin Chen (10/13/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4201174/parties/el-badrawi-v-department-of-homeland-security/


Judge(s)

Hall, Janet C. (Connecticut)

Attorneys(s) for Plaintiff

Ahmed, Sameer (New York)

Kassem, Ramzi (Connecticut)

Kimerling, Kenneth (New York)

Metcalf, Hope R. (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Boyle, Michael J. (Connecticut)

Crow, Melissa E. (District of Columbia)

Levine, Brant S. (District of Columbia)

Martin, Edward J. (District of Columbia)

Judge(s)

Hall, Janet C. (Connecticut)

Attorneys(s) for Plaintiff

Ahmed, Sameer (New York)

Kassem, Ramzi (Connecticut)

Kimerling, Kenneth (New York)

Metcalf, Hope R. (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Boyle, Michael J. (Connecticut)

Crow, Melissa E. (District of Columbia)

Levine, Brant S. (District of Columbia)

Martin, Edward J. (District of Columbia)

Osborne, Maura Murphy (Connecticut)

Perkins, Lisa E. (Connecticut)

Shin, Victoria S. (Connecticut)

Smith, Laura K. (District of Columbia)

Documents in the Clearinghouse

Document

Docket

Aug. 15, 2011 Docket
26

Memorandum of Law in Support of Motion to Dismiss or for Summary Judgment by the United States

Nov. 19, 2007 Pleading / Motion / Brief
41

Plaintiff's Memorandum in Opposition to Motion to Dismiss or for Summary Judgment by Defendants

Dec. 29, 2007 Pleading / Motion / Brief
82

Ruling Re: Defendants' Motions to Dismiss or for Summary Judgment, etc.

579 F.Supp.2d 249

Sept. 22, 2008 Order/Opinion
95

Second Amended Complaint

Nov. 7, 2008 Complaint
164

Ruling Re: Plaintiff's Motion to Compel

258 F.R.D. 198

July 24, 2009 Order/Opinion
181

Ruling Re: Motion for Reconsideration

2009 WL 2913246

Sept. 4, 2009 Order/Opinion
348-1

Memorandum of Law in Support of Motion for Summary Judgment by the United States

Aug. 30, 2010 Pleading / Motion / Brief
352-1

State Defendants' Memorandum in Support of Summary Judgment

Sept. 10, 2010 Pleading / Motion / Brief
372

Brief Amici Curiae of the American Immigration Council and the American Immigration Lawyers Association in Opposition to the Motion of Defendant United States for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment

Nov. 5, 2010 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201174/el-badrawi-v-department-of-homeland-security/

Last updated May 20, 2022, 2:26 a.m.

ECF Number Description Date Link
1

COMPLAINT against Hartford Corr Ctr, Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser ( Filing fee $ 350 receipt number N021832), filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Exhibit )(Rodko, B.) (Entered: 07/18/2007)

2 Exhibit Exhib

View on PACER

July 13, 2007 RECAP
2

Order on Pretrial Deadlines: Motions to Dismiss due on 10/13/07.Amended Pleadings due by 9/11/2007.,Discovery due by 1/12/2008.,Dispositive Motions due by 2/11/2008.. Signed by Clerk on 7/13/07. (Rodko, B.) (Entered: 07/18/2007)

July 13, 2007 PACER
3

ELECTRONIC FILING ORDER. Signed by Judge Peter C. Dorsey on 7/13/07. (Rodko, B.) (Entered: 07/18/2007)

July 13, 2007 PACER
4

ORDER OF TRANSFER. Case reassigned to Judge Janet C. Hall for all further proceedings. Signed by Judge Peter C. Dorsey on 7/26/07. (Brown, S.) (Entered: 07/27/2007)

July 26, 2007 PACER
5

NOTICE of Appearance by Brant S. Levine on behalf of Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser (Levine, Brant) (Entered: 09/19/2007)

Sept. 19, 2007 PACER
6

Consent MOTION for Extension of Time until November 19, 2007 and to set a briefing schedule to respond to the Complaint by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 09/19/2007)

Sept. 19, 2007 PACER
7

ORDER granting 6 Motion for Extension of Time until November 19, 2007 and to set a briefing schedule to respond to the Complaint.The Court appreciates the cooperation and communication between counsel leading to this proposed schedule, which the court agrees with. SO ORDERED by Judge Janet C. Hall on 9/20/07. (Klein, V.) (Entered: 09/20/2007)

Sept. 20, 2007 PACER
8

NOTICE of Appearance by Victoria S Shin on behalf of Michael Chertoff, Robert Mueller, FBI, USA, Charles L. Lee, Department of Homeland Security, Gregory Manack, Michael S. Loser as Local Counsel (Shin, Victoria) (Entered: 09/26/2007)

Sept. 26, 2007 PACER
9

NOTICE of Appearance by Victoria S Shin on behalf of Michael Chertoff, Robert Mueller, FBI, Department of Homeland Security, Gregory Manack, Michael S. Loser Amended Notice of Appearance as Local Counsel on Behalf of Federal Defendants (Shin, Victoria) (Entered: 09/27/2007)

Sept. 27, 2007 PACER
10

NOTICE of Appearance by Maura Murphy-Osborne on behalf of Charles L. Lee (Murphy-Osborne, Maura) (Entered: 10/05/2007)

Oct. 5, 2007 PACER
11

First MOTION for Extension of Time until December 4, 2007 to file Answer by Charles L. Lee. (Murphy-Osborne, Maura) (Entered: 10/05/2007)

Oct. 5, 2007 PACER
12

ENTERED IN ERROR - AFFIDAVIT of Service for Summons and Complaint served on Defendant Department of Homeland Security, Defendant Michael Loser, Defendant Charles Lee, Defendant Robert Mueller, Defendant Michael Chertoff, Defendant Federal Bureau of Investigation, Defendant United States of America on July 25, 2007 and August 3, 2007, filed by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael) Modified on 10/10/2007 (Candee, D.). (Entered: 10/05/2007)

Oct. 5, 2007 PACER
13

SUMMONS Returned Executed by Rashad Ahmad Refaat El Badrawi. Michael Chertoff served on 7/26/2007, answer due 9/24/2007; Robert Mueller served on 7/26/2007, answer due 9/24/2007; FBI served on 7/26/2007, answer due 9/24/2007; USA served on 7/26/2007, answer due 9/24/2007; Department of Homeland Security served on 7/26/2007, answer due 9/24/2007; Gregory Manack served on 7/26/2007, answer due 9/24/2007; Michael S. Loser served on 8/5/2007, answer due 10/4/2007. (Candee, D.) Modified on 10/10/2007 (Candee, D.). (Entered: 10/10/2007)

Oct. 5, 2007 PACER
14

SUMMONS Returned Executed by Rashad Ahmad Refaat El Badrawi. Charles L. Lee served on 8/5/2007, answer due 8/25/2007. (Candee, D.) (Entered: 10/10/2007)

Oct. 5, 2007 PACER
15

ORDER granting in part 11 Motion for Extension of Time until 11/19/2007 to file an answer. SO ORDER by Judge Janet C. Hall on 10/11/2007. (Sanders, C.) (Entered: 10/11/2007)

Oct. 11, 2007 PACER
16

DISCLOSURE NOTICE: re: Judicial Recusal. Responses should be filed within 20 days of order. (D'Andrea, S.) (Entered: 10/15/2007)

Oct. 15, 2007 PACER
17

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference as to case numbers 07-cv-372 & 07-cv-1074 set for 11/29/2007 04:00 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554.(DeRubeis, B.) (Entered: 11/07/2007)

Nov. 7, 2007 PACER
18

NOTICE of Appearance by Laura K. Smith on behalf of Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser (Smith, Laura) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
35

MOTION for Summary Judgment by Gregory Manack, Michael S. Loser.Responses Due by 12/10/2007. (D'Andrea, S.) (Entered: 11/30/2007)

Nov. 19, 2007 PACER
19

MOTION to Dismiss by Charles L. Lee.Responses due by 12/10/2007 (Murphy-Osborne, Maura) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
36

MOTION for Summary Judgment by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security.Responses Due by 12/10/2007. (D'Andrea, S.) (Entered: 11/30/2007)

Nov. 19, 2007 PACER
20

Memorandum in Support re 19 MOTION to Dismiss filed by Charles L. Lee. (Attachments: # 1 Exhibit A-C)(Murphy-Osborne, Maura) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
21

Motion for Permission by Rashad Ahmad Refaat El Badrawi for Law Student Intern Appearances (Attachments: # 1 Supplement Sameer Ahmed Law Student Practice Form# 2 Supplement Sarah Burg Law Student Practice Form# 3 Supplement Kathryn Hunt Law Student Practice Form)(Wishnie, Michael) Modified on 11/28/2007 (D'Andrea, S.) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
22

MOTION to Dismiss or for Summary Judgment by Gregory Manack, Michael S. Loser.Responses due by 12/10/2007 (Levine, Brant) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
23

Memorandum in Support re 22 MOTION to Dismiss or for 35 Summary Judgment filed by Gregory Manack, Michael S. Loser. (Attachments: # 1 Ex. A--Declaration of Gregory Manack# 2 Ex. B--Declaration of Michael Loser# 3 Ex. C--Transcript of 11-03 Proceedings# 4 Ex. D--Michael Pearson Memo# 5 Ex. F--Record of Immigration Court# 6 Ex. G--Transcript of 11-10 Proceedings# 7 Ex. H--Order Granting Voluntary Departure)(Levine, Brant) Modified on 11/30/2007 to create a link to doc #35(D'Andrea, S.) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
24

Statement of Material Facts re 22 MOTION to Dismiss or for 35 Summary Judgment filed by Gregory Manack, Michael S. Loser. (Levine, Brant) Modified on 11/30/2007 to create a link to doc #35(D'Andrea, S.) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
25

MOTION to Dismiss or for Summary Judgment by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security.Responses due by 12/10/2007 (Levine, Brant) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
26

Memorandum in Support re 25 MOTION to Dismiss or for 36 Summary Judgment filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security. (Attachments: # 1 Ex. A--Declaration of Gregory Manack# 2 Ex. B--Declaration of Michael Loser# 3 Ex. C--Transcript of 11-03 Proceedings# 4 Ex. D--Michael Pearson Memorandum# 5 Ex. F--Record of Immigration Court# 6 Ex. G--Transcript of 11-10 Proceedings# 7 Ex. H--Order Granting Voluntary Departure)(Levine, Brant) Modified on 11/30/2007 to create a link to doc #36 (D'Andrea, S.) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
27

Statement of Material Facts re 25 MOTION to Dismiss or for 36 Summary Judgment filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security. (Levine, Brant) Modified on 11/30/2007 to create a link to doc #36 (D'Andrea, S.) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
28

NOTICE by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser re 26 Memorandum in Support of Motion, 23 Memorandum in Support of Motion, of Manual Filing of Ex. E (Levine, Brant) (Entered: 11/19/2007)

Nov. 19, 2007 PACER
29

MOTION to Seal by Michael Chertoff, Robert Mueller, FBI, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Attachments: # 1 Text of Proposed Order)(Sanders, C.) (Entered: 11/20/2007)

Nov. 20, 2007 PACER
30

Sealed Document by Michael Chertoff, Robert Mueller, FBI, Department of Homeland Security, Gregory Manack, Michael S. Loser re 25 MOTION to Dismiss or for Summary Judgment. (Sanders, C.) (Entered: 11/20/2007)

Nov. 20, 2007 PACER
31

ORDER: So Ordered 29 Motion to Seal. Signed by Judge Janet C. Hall on 11/26/2007. (D'Andrea, S.) (Entered: 11/27/2007)

Nov. 26, 2007 PACER
32

First MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss or for Summary Judgment, 25 MOTION to Dismiss or for Summary Judgment, 19 MOTION to Dismiss until 12/29/07, 12/29/07, 12/21/07 by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael) (Entered: 11/27/2007)

Nov. 27, 2007 PACER
33

ORDER granting 32 Motion for Extension of Time to File Response/Reply re 22 MOTION to Dismiss or for Summary Judgment, 19 MOTION to Dismiss, 25 MOTION to Dismiss or for Summary Judgment Responses due by 12/29/2007 and Responses due by 12/21/2007; Reply brief due 1/19/2008. SO ORDERED by Judge Janet C. Hall on 11/28/2007. (Sanders, C.) (Entered: 11/28/2007)

Nov. 28, 2007 PACER
34

ORDER Approving 21 Motion for Law Students' Appearance Requests of Kathryn Hunt. Signed by Judge Janet C. Hall on 11/28/2007. (Attachments: # 1 Sameer Ahmed; # 2 Sarah Burg) (D'Andrea, S.) (Entered: 11/30/2007)

Nov. 30, 2007 PACER
37

Minute Entry for proceedings held before Judge Janet C. Hall: Telephone Status Conference held on 12/4/2007. 15 minutes(Court Reporter T. Fidanza.) (Klein, V.) (Entered: 12/04/2007)

Dec. 4, 2007 PACER
38

First MOTION for Leave to File Excess Pages in Opposition to Defendants Manack and Losers 22 Motion to Dismiss or for 25 Summary Judgment by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael) Modified on 12/20/2007 to create links to doc #s 22 and 25 (D'Andrea, S.) (Entered: 12/19/2007)

Dec. 19, 2007 PACER
39

First Memorandum in Opposition re 19 MOTION to Dismiss filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Affidavit Declaration of Bram Elias (with Exhibits Attached))(Wishnie, Michael) (Entered: 12/20/2007)

Dec. 20, 2007 PACER
40

ORDER granting 38 Motion for Leave to File Excess Pages. SO ORDERED by Judge Janet C. Hall on 12/21/07. (Klein, V.) (Entered: 12/21/2007)

Dec. 21, 2007 PACER
41

First Memorandum in Opposition re 35 MOTION for Summary Judgment, 22 MOTION to Dismiss or for Summary Judgment filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Statement of Material Facts in Opposition to Defendants' Statement of Facts, # 2 Declaration of Rashad El Badrawi, # 3 Declaration of Sameer Ahmed, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 13, # 15 Exhibit 14)(Wishnie, Michael) (Entered: 12/29/2007)

Dec. 29, 2007 PACER
42

MOTION to Seal Exhibits 9, 12, and 15 by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Text of Proposed Order)(Wishnie, Michael) (Entered: 12/29/2007)

Dec. 29, 2007 PACER
43

NOTICE by Rashad Ahmad Refaat El Badrawi re 41 Memorandum in Opposition to Motion,, of Manual Filing of Exs. 9, 12, and 15 (Wishnie, Michael) (Entered: 12/29/2007)

Dec. 29, 2007 PACER
44

MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f) by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael Wishnie in Support of Plaintiff's Rule 56(f) Motion)(Wishnie, Michael) (Entered: 12/29/2007)

Dec. 29, 2007 PACER
45

Memorandum in Opposition re 25 MOTION to Dismiss or for Summary Judgment, 36 MOTION for Summary Judgment filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Statement of Material Facts Response to Federal Defendants 56a1 Statement of Material Facts)(Wishnie, Michael) (Entered: 12/29/2007)

Dec. 29, 2007 PACER
46

MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Declaration of Michael Wishnie, # 2 Memorandum in Support, # 3 Declaration of Rashad El Badrawi)(Wishnie, Michael) (Entered: 12/30/2007)

Dec. 29, 2007 PACER
47

Sealed Document: Exhibits 9,12 & 15 by Rashad Ahmad Refaat El Badrawi re 41 Memorandum in Opposition to 35 MOTION for Summary Judgment (Candee, D.) (Entered: 01/02/2008)

Jan. 2, 2008 PACER
48

ORDER granting 42 Motion to Seal Exhibits 9, 12, and 15. SO ORDERED by Judge Janet C. Hall on 1/3/08. (S-Klein, V.) (Entered: 01/03/2008)

Jan. 3, 2008 PACER
49

ORDER to Seal - Exhibits 9, 12, 15 ordered sealed re: 42 MOTION to Seal Exhibits 9, 12, and 15 filed by Rashad Ahmad Refaat El Badrawi. Signed by Judge Janet C. Hall on 1/3/07. (Candee, D.) (Entered: 01/04/2008)

Jan. 3, 2008 PACER
50

MOTION for Extension of Time to File Response/Reply Brief as to 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f) MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f until 02/11/08 by Michael Chertoff, Robert Mueller, FBI, USA, Charles L. Lee, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Murphy-Osborne, Maura) (Entered: 01/08/2008)

Jan. 8, 2008 PACER
51

ORDER granting 50 Motion for Extension of Time to File Response/Reply re 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f Responses due by 2/11/2008. SO ORDERED by Judge Janet C. Hall on 1/14/08. (Klein, V.) (Entered: 01/15/2008)

Jan. 15, 2008 PACER
52

Consent MOTION for Leave to File Excess Pages for all Defendants' Reply Briefs by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 01/28/2008)

Jan. 28, 2008 PACER
53

ORDER denying 52 Motion for Leave to File Excess Pages for all Defendants' Reply Briefs. Without prejudice to renew. the court would like to know the approximate length of the briefs before deciding the motion. SO ORDERED by Judge Janet C. Hall on 2/2/08. (Klein, V.) (Entered: 02/04/2008)

Feb. 4, 2008 PACER
54

Second MOTION for Leave to File Excess Pages for all Defendants' Reply Briefs by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 02/05/2008)

Feb. 5, 2008 PACER
55

ORDER granting 54 Motion for Leave to File Excess Pages. SO ORDERED by Judge Janet C. Hall on 2/6/08. (Klein, V.) (Entered: 02/07/2008)

Feb. 7, 2008 PACER
56

REPLY to Response to 19 MOTION to Dismiss filed by Charles L. Lee. (Murphy-Osborne, Maura) (Entered: 02/11/2008)

Feb. 11, 2008 PACER
57

REPLY to Response to 22 MOTION to Dismiss or for Summary Judgment, 35 MOTION for Summary Judgment filed by Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 02/11/2008)

Feb. 11, 2008 PACER
58

REPLY to Response to 25 MOTION to Dismiss or for Summary Judgment, 36 MOTION for Summary Judgment filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security. (Levine, Brant) (Entered: 02/11/2008)

Feb. 11, 2008 PACER
59

Memorandum in Opposition re 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f) MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 02/11/2008)

Feb. 11, 2008 PACER
60

REPLY to Response to 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f) MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f filed by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael) (Entered: 02/25/2008)

Feb. 25, 2008 PACER
61

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Oral Argument set for 4/25/2008 09:30 AM in Courtroom Two, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall, as to 25 MOTION to Dismiss or for Summary Judgment, 44 MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), MOTION to Continue or Deny Defendants' Manack and Loser's Motion for Summary Judgment under Fed. R. Civ. P. 56(f), 35 MOTION for Summary Judgment, 19 MOTION to Dismiss, 22 MOTION to Dismiss or for Summary Judgment, 36 MOTION for Summary Judgment, 46 MOTION to Continue or Deny Defendants' Motion for Summary Judgment Pursuant to Fed R Civ P 56f. (DeRubeis, B.) (Entered: 04/01/2008)

April 1, 2008 PACER
62

NOTICE of Appearance by Lisa E. Perkins on behalf of Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser (Perkins, Lisa) (Entered: 04/11/2008)

April 11, 2008 PACER
63

ORAL MOTION for Extension of Time for service of State Defendant by Charles L. Lee. (Klein, V.) (Entered: 04/29/2008)

April 25, 2008 PACER
64

Minute Entry. Proceedings held before Judge Janet C. Hall: Motion Hearing held on 4/25/2008 Taken under advisement 19 MOTION to Dismiss ; Taken Under advisement 22 MOTION to Dismiss; Taken under advisement 25 MOTION to Dismiss; Taken under advisement 36 MOTION for Summary Judgment; Taken under advisement 35 MOTION for Summary Judgment; Taken under advisement 44 MOTION to Continue; Taken under advisement 46 MOTION to Continue; granting nunc pro tunc 63 Motion for Extension of Time for service of State Defendant. Total Time: 2 hours and 45 minutes(Court Reporter Terri Fidanza.) (Klein, V.) (Entered: 04/29/2008)

April 25, 2008 PACER
65

First MOTION for Leave to File Notice of Supplemental Authority by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Supplement Notice of Supplemental Authority)(Wishnie, Michael) (Entered: 04/29/2008)

April 29, 2008 PACER
66

ORDER granting 65 Motion for Leave to File Notice of Supplemental Authority. SO ORDERED by Judge Janet C. Hall on 4/30/08. (Klein, V.) (Entered: 05/01/2008)

May 1, 2008 PACER
67

NOTICE by Charles L. Lee Re: Filing of Unreported Decision (Attachments: # 1 Exhibit A)(Murphy-Osborne, Maura) (Entered: 05/06/2008)

May 6, 2008 PACER
68

RESPONSE re 65 First MOTION for Leave to File Notice of Supplemental Authority filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Levine, Brant) (Entered: 05/07/2008)

May 7, 2008 PACER
69

NOTICE re 22 25 MOTION to Dismiss or for Summary Judgment by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser of Supplemental Authorities (Attachments: # 1 Arar v. Ashcroft, 06-4216, (2nd Cir. June 30, 2008), # 2 National Council of La Raza v. Mukasey, 07-816 (2nd Cir. July 3, 2008))(Levine, Brant) Motion links Modified on 7/8/2008 (Bauer, J.). (Entered: 07/07/2008)

July 7, 2008 PACER
70

RESPONSE re 22 25 MOTION to Dismiss or for Summary Judgment 69 Notice (Other), Notice (Other) filed by Rashad Ahmad Refaat El Badrawi. (Wishnie, Michael)Motion links Modified on 7/23/2008 (Bauer, J.). (Entered: 07/21/2008)

July 21, 2008 PACER
71

Second NOTICE OF ADDITIONAL AUTHORITY re 22 25 MOTION to Dismiss or for Summary Judgment by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser re 69 Notice (Other), Notice (Other) Regarding Arar v. Ashcroft filed by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. (Attachments: # 1 Order Setting En Banc Hearing in Arar v. Ashcroft)(Levine, Brant) Motion links Modified on 8/18/2008 (Bauer, J.). (Entered: 08/15/2008)

Aug. 15, 2008 PACER
72

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 8/26/2008 04:00 PM in Chambers Room 417, 915 Lafayette Blvd., Bridgeport, CT before Judge Janet C. Hall. Counsel are requested to participate in this conference, via telephone. This conference call is to be arranged between counsel. Once all parties are on the line, please telephone chambers at (203) 579-5554. (DeRubeis, B.) (Entered: 08/22/2008)

Aug. 22, 2008 PACER
73

NOTICE Concerning Waiver of Judicial Disqualification. Signed by Clerk on 8/26/08. (Ferguson, L.) Modified on 8/28/2008 to indicate filed under SEAL. (S-Kunofsky, L.). (Entered: 08/26/2008)

Aug. 26, 2008 PACER
74

Minute Entry for proceedings held before Judge Janet C. Hall: Telephonic Status Conference held on 8/26/2008. Conference Re: conflict and possible waiver procedure. Notice to issue from Clerk of Court. 40 minutes (Court Reporter T. Fidanza.) (Shultz, B.) (Entered: 08/26/2008)

Aug. 26, 2008 PACER
75

AMENDED NOTICE Concerning Waiver of Judicial Disqualification. Signed by Clerk on 8/26/08. (Ferguson, L.) Modified on 8/28/2008 to indicate filed under SEAL. (S-Kunofsky, L.). (Entered: 08/26/2008)

Aug. 26, 2008 PACER
76

NOTICE of Appearance by Ramzi Kassem on behalf of Rashad Ahmad Refaat El Badrawi (Kassem, Ramzi) (Entered: 08/26/2008)

Aug. 26, 2008 PACER
79

NOTICE of Waiver by Rashad Ahmad Refaat El Badrawi re 75 Amended Notice Concerning Waiver of Judicial Disqualification. (Ferguson, L.) (Entered: 09/02/2008)

Aug. 27, 2008 PACER
77

NOTICE of Waiver by Charles L. Lee re 75 Amended Notice Concerning Waiver of Judicial Disqualification. (Ferguson, L.) (Entered: 09/02/2008)

Aug. 28, 2008 PACER
78

NOTICE of Waiver by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser re 75 Amended Notice Concerning Waiver of Judicial Disqualification. (Ferguson, L.) (Entered: 09/02/2008)

Aug. 29, 2008 PACER
80

Statement by Counsel by Rashad Ahmad Refaat El Badrawi re 75 Amended Notice Concerning Waiver of Judicial Disqualification. (Ferguson, L.) (Entered: 09/02/2008)

Aug. 29, 2008 PACER
81

Supplement by Charles L. Lee to 77 Notice of Waiver re 75 Amended Notice Concerning Waiver of Judicial Disqualification (Ferguson, L.) (Entered: 09/02/2008)

Sept. 2, 2008 PACER
82

RULING Granting 22 Defendants' Motion to Dismiss; Granting in Part and Denying in Part 25 Defendants' Motion to Dismiss; Denying as Moot 35 Defendants' Motion for Summary Judgment; Denying 36 Defendants' Motion for Summary Judgment; Denying as Moot 44 Plaintiff's Motion to Continue or Deny Defendants' Motion for Summary Judgment; Denying as Moot 46 Plaintiff's Motion to Continue or Deny Defendants' Motion for Summary Judgment; Granting in Part and Denying in Part 19 Defendant's Motion to Dismiss. Signed by Judge Janet C. Hall on 9/22/2008. (D'Andrea, S.) (Entered: 09/23/2008)

Sept. 22, 2008 PACER
83

AMENDED COMPLAINT against all defendants, filed by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Memorandum in Support Notice of Filing of Amended Complaint)(Wishnie, Michael) (Additional attachment(s) added on 10/16/2008: # 2 MAIN DOCUMENT) (D'Andrea, S.). (Entered: 10/13/2008)

Oct. 13, 2008 PACER
84

Docket Entry Correction re 83 Amended Complaint. MODIFIED to attach correct PDF. Amended as to clerical numeration only. (D'Andrea, S.) (Entered: 10/16/2008)

Oct. 16, 2008 PACER
85

Joint STIPULATION re 83 Amended Complaint, by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Gregory Manack, Michael S. Loser. AND El Badrawi (Attachments: # 1 Text of Proposed Order)(Levine, Brant) Filers Modified on 10/21/2008 (Bauer, J.). (Entered: 10/20/2008)

Oct. 20, 2008 PACER
86

TRANSCRIPT of Proceedings held on April 25, 2008 before Judge Janet C. Hall. Court Reporter: Terri Fidanza. Type of Hearing: Oral Argument. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.ctd.uscourts.gov. Redaction Request due 11/11/2008. Redacted Transcript Deadline set for 11/21/2008. Release of Transcript Restriction set for 1/19/2009. (Fidanza, T.) (Entered: 10/21/2008)

Oct. 21, 2008 PACER
87

ORDER re 85 Motion to Amend Complaint. Signed by Judge Janet C. Hall on 10/21/2008. (Heard, J.) Modified on 10/23/2008 to link to correct document. (DeRubeis, B.). (Entered: 10/22/2008)

Oct. 21, 2008 PACER
88

ORDER re 85 Stipulation, filed by FBI, Michael S. Loser, USA, Michael Chertoff, Department of Homeland Security, Rashad Ahmad Refaat El Badrawi, Robert Mueller, Gregory Manack. SO ORDERED by Judge Janet C. Hall on 10/21/08. (DeRubeis, B.) (Entered: 10/22/2008)

Oct. 22, 2008 PACER
89

Docket Entry Correction re 87 Order. Modified to link to correct document. (DeRubeis, B.) (Entered: 10/23/2008)

Oct. 23, 2008 PACER
90

ANSWER to 83 Amended Complaint, with Affirmative Defenses and Special Defenses by USA.(Levine, Brant) (Entered: 10/30/2008)

Oct. 30, 2008 PACER
91

First MOTION for Extension of Time until ten days from this Court's ruling on motion for leave to file a Second Amended Complaint to Answer by Charles L. Lee. (Murphy-Osborne, Maura) (Entered: 11/03/2008)

Nov. 3, 2008 PACER
92

MOTION to Amend 83 AMENDED COMPLAINT Second Amended Complaint by Rashad Ahmad Refaat El Badrawi. (Attachments: # 1 Exhibit A - Proposed Second Amended Complaint)(Wishnie, Michael) Motion relief and links Modified on 11/5/2008 (Bauer, J.). (Entered: 11/04/2008)

Nov. 4, 2008 PACER
93

ORDER granting 91 Motion for Extension of Time until ten days from this Court's ruling on motion for leave to file a Second Amended Complaint to Answer. SO ORDERED by Judge Janet C. Hall on 11/5/08. (Simpson, T.) (Entered: 11/05/2008)

Nov. 5, 2008 PACER
94

ORDER granting 92 MOTION to Amend 83 AMENDED COMPLAINT Second Amended Complaint by Rashad Ahmad Refaat El Badrawi. SO ORDERED by Judge Janet C. Hall on 11/5/08. (DeRubeis, B.) (Entered: 11/05/2008)

Nov. 5, 2008 PACER
95

AMENDED COMPLAINT Second against all defendants, filed by Rashad Ahmad Refaat El Badrawi.(Wishnie, Michael) Text Modified on 11/10/2008 (Bauer, J.). (Entered: 11/07/2008)

Nov. 7, 2008 PACER
96

Joint STIPULATION re 95 Amended Complaint by Michael Chertoff, Robert Mueller, FBI, USA, Department of Homeland Security, Rashad Ahmad Refaat El Badrawi, Gregory Manack, Michael S. Loser. (Attachments: # 1 Text of Proposed Order)(Levine, Brant) (Entered: 11/07/2008)

Nov. 7, 2008 PACER
97

ANSWER to 95 Amended Complaint with Affirmative Defenses and Special Defenses by USA.(Levine, Brant) (Entered: 11/07/2008)

Nov. 7, 2008 PACER
98

ORDER re 95 Second Amended Complaint filed by Rashad Ahmad Refaat El Badrawi. Signed by Judge Janet C. Hall on 11/10/2008. (Heard, J.) (Entered: 11/12/2008)

Nov. 10, 2008 PACER
99

ANSWER to 95 Amended Complaint with Affirmative Defenses and Special Defenses by Charles L. Lee.(Murphy-Osborne, Maura) (Entered: 11/20/2008)

Nov. 20, 2008 PACER
100

SUMMONS Returned Executed by Rashad Ahmad Refaat El Badrawi. Albert Pitts served on 11/24/2008, answer due 12/14/2008; Thomas McGrail served on 11/24/2008, answer due 12/14/2008. (Wishnie, Michael) (Entered: 12/11/2008)

Dec. 11, 2008 PACER

State / Territory: Connecticut

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 13, 2007

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is a foreign national who claims that agents of the U.S. Immigration and Customs Enforcement (“ICE”) arrested him in October 2004, even though he was in a lawful immigration status.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

Asian American Legal Defense & Educ. Fund (AALDEF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

DEPARTMENT OF HOMELAND SECURITY, Federal

Director of Food Services (Hartford), State

Chaplain (Hartford), State

Warden (Hartford), State

Director of the Federal Bureau of Investigation, Federal

Secretary of the Department of Homeland Security, Federal

FEDERAL BUREAU OF INVESTIGATION, Federal

UNITED STATES OF AMERICA, Federal

Senior Special Agent, Federal

Resident Agent in Charge, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

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

Constitutional Clause(s):

Due Process

Equal Protection

Free Exercise Clause

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Immigration/Border:

Detention - conditions

Detention - criteria

Detention - procedures