Case: Sanchez v. U.S. Border Patrol

3:12-cv-05378 | U.S. District Court for the Western District of Washington

Filed Date: April 26, 2012

Closed Date: Sept. 27, 2013

Clearinghouse coding complete

Case Summary

Plaintiffs, individuals who allege they were stopped and interrogated by U.S. Border Patrol agents in the Olympic Peninsula without reasonable suspicion, filed suit under the Administrative Procedures Act against the Border Patrol on April 26, 2012 in the U.S. District Court for the Western District of Washington. Claiming that the patrol officers were stopping vehicles solely due to the race/ethnicity of the occupants, Plaintiffs asserted that their Fourth Amendment rights were being violated…

Plaintiffs, individuals who allege they were stopped and interrogated by U.S. Border Patrol agents in the Olympic Peninsula without reasonable suspicion, filed suit under the Administrative Procedures Act against the Border Patrol on April 26, 2012 in the U.S. District Court for the Western District of Washington. Claiming that the patrol officers were stopping vehicles solely due to the race/ethnicity of the occupants, Plaintiffs asserted that their Fourth Amendment rights were being violated, and that the officers were acting in excess of their authority under 8 U.S.C. §1357 and 8 C.F.R. §287.8(b)(2) (generally requiring officers to have a reasonable suspicion that an occupant of the vehicle is illegally present in the United States in order to stop the vehicle).

The Plaintiffs, represented by the ACLU of Washington and the Northwest Immigrant Rights Project (NIRP), asked the court for both declaratory and injunctive relief. Specifically, Plaintiffs requested that patrol officers be trained on what "reasonable suspicion" entails, and that the patrol office keep complete and accurate records of officer training and testing, as well as every vehicle stop. Plaintiffs also requested a master to oversee the implementation of these policies. Class certification is still pending.

In challenging the Border Patrol's interrogations of Plaintiffs without reasonable suspicion, Plaintiffs cite Nicacio v. INS (IM-WA-0011), in which the court stated it was unlawful for INS to stop vehicles occupied by persons of "Hispanic appearance" without particularized reasonable suspicion based on specific articulable documented facts. 595 F. Supp. 19, 26 (E.D. Wash. 1984).

Defendants filed a motion to dismiss for lack of jurisdiction on July 12, 2012. Defendants asserted that Plaintiff did not have standing and that there was no private cause of action under 8 U.S.C. §1357. Judge Benjamin H. Settle of the U.S. District Court for the Western District of Washington denied this motion on August 27, 2012, stating that Plaintiffs were likely to suffer substantial and immediate irreparable injury (further stops without reason), and that Plaintiffs properly made a claim under the APA, 5 U.S.C. § 551, which provides a private cause of action. Sanchez v. U.S. Office of Border Patrol, No. 12-5378 BHS, 2012 WL 3715719 (W.D. Wash. 2012).

The parties then began settlement negotiations, and reached a settlement in September 2013. The case was voluntarily dismissed. The settlement agreement provided:

1) Border Patrol issued a letter to the ACLU of Washington and the Northwest Immigrant Rights Project acknowledging that reasonable suspicion is required for investigative stops, including near the border, and that Border Patrol is "committed to [comply] with applicable Department of Homeland Security guidance, including with respect to the use of race or ethnicity in law enforcement activities." (Oddly, the letter referenced 2004 guidance, rather than stricter 2013 guidance.

2) One refresher training session for Border Patrol personnel on the Fourth Amendment.

3) Every six months for eighteen months, CBP agreed to produce to plaintiffs' counsel Field Contact Data Sheets issued by agents at the Port Angeles, Washington Station, redacted to protect personal information.

Summary Authors

Dan Osher (3/9/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4411059/parties/sanchez-v-united-states-office-of-border-patrol/


Judge(s)

Settle, Benjamin Hale (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Baker, La Rond (Washington)

Dunne, Sarah A. (Washington)

Garcia, Javier (Washington)

Gellert, Nicholas Peter (Washington)

Merriman, Steve (Washington)

Peters, Brendan (Washington)

Attorneys(s) for Defendant

Belsan, Timothy Michael (District of Columbia)

Cohen, Rebecca Shapiro (Washington)

Judge(s)

Settle, Benjamin Hale (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Baker, La Rond (Washington)

Dunne, Sarah A. (Washington)

Garcia, Javier (Washington)

Gellert, Nicholas Peter (Washington)

Merriman, Steve (Washington)

Peters, Brendan (Washington)

Attorneys(s) for Defendant

Belsan, Timothy Michael (District of Columbia)

Cohen, Rebecca Shapiro (Washington)

Expert/Monitor/Master

Ruisanchez, Alberto (District of Columbia)

Documents in the Clearinghouse

Document

2:12-cv-00735

Docket [PACER]

Sept. 27, 2013

Sept. 27, 2013

Docket

Lawsuit Challenges Unconstitutional Stops and Interrogations by Border Patrol Agents on Olympic Peninsula

[Sanchez v. U.S. Border Patrol]

No Court

April 26, 2012

April 26, 2012

Press Release
1

2:12-cv-00735

Complaint for Injunctive and Declaratory Relief (Class Action)

April 26, 2012

April 26, 2012

Complaint
29

3:12-cv-05378

Order Denying Motion to Dismiss

2012 WL 3715719

Aug. 27, 2012

Aug. 27, 2012

Order/Opinion

3:12-cv-05378

Settlement Agreement

Sept. 20, 2013

Sept. 20, 2013

Settlement Agreement
55

3:12-cv-05378

Stipulation and [Proposed] Order of Dismissal

Sanchez v. U.S. Office of Border Patrol

Sept. 24, 2013

Sept. 24, 2013

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4411059/sanchez-v-united-states-office-of-border-patrol/

Last updated Aug. 2, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) David V Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs & Border Protection, United States Office of Border Patrol (Receipt # 0981-2794885), filed by Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez.(Merriman, Steven) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

RECAP
2

PRAECIPE to attach document (Civil Cover Sheet) re 1 Complaint, by Plaintiff(s) Ismael Ramos Contreras, Jose Sanchez, Ernest Grimes. (Merriman, Steven) Modified on 4/27/2012 (DJ). (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

PACER
3

PRAECIPE TO ISSUE SUMMONS re 1 Complaint, by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. (Attachments: # 1 Summons DHS, # 2 Summons Eric Holder, # 3 Summons Janet Napolitano, # 4 Summons Jay Cumbow, # 5 Summons Jenny Durkan, # 6 Summons John Bates, # 7 Summons Michael Fisher, # 8 Summons United States Border Patrol, # 9 Summons United States Customs and Border Protection)(Merriman, Steven) (Entered: 04/26/2012)

1 Summons DHS

View on PACER

2 Summons Eric Holder

View on PACER

3 Summons Janet Napolitano

View on PACER

4 Summons Jay Cumbow

View on PACER

5 Summons Jenny Durkan

View on PACER

6 Summons John Bates

View on PACER

7 Summons Michael Fisher

View on PACER

8 Summons United States Border Patrol

View on PACER

9 Summons United States Customs and Border Protection

View on PACER

April 26, 2012

April 26, 2012

PACER
4

Summons(es) electronically issued as to defendant(s) David Aguilar, John C. Bates, Jay Cumbow, Department of Homeland Security, Michael J. Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(DJ) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
5

ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
6

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. FRCP 26f Conference Deadline is 7/12/2012; Initial Disclosure Deadline is 7/19/2012; Joint Status Report due by 7/26/2012. Authorized by Judge Robert J. Bryan. (JL) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
7

Summons electronically issued as to defendant(s) David Aguilar. (DJ) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
8

AFFIDAVIT of Service of Summons and Complaint on Sandra Bowers, Receptionist at USDC Seattle on 4/30/2012, filed by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. (Merriman, Steven) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
9

NOTICE of Appearance by attorney Timothy Michael Belsan on behalf of Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol. (Belsan, Timothy) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

PACER
10

NOTICE of Appearance by attorney Rebecca Shapiro Cohen on behalf of Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol. (Cohen, Rebecca) (Entered: 05/14/2012)

May 14, 2012

May 14, 2012

PACER
11

AFFIDAVIT of Mailing of Summons and Complaint to on 4/30/2012, filed by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. (Attachments: # 1 Exhibit A-I)(Merriman, Steven) (Entered: 05/23/2012)

May 23, 2012

May 23, 2012

PACER
12

STIPULATION AND PROPOSED ORDER Extending Defendants' Deadline to Respond to Plaintffs' Complaint by parties. (Cohen, Rebecca) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
13

STIPULATION AND ORDER EXTENDING DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' COMPLAINT, signed by Judge Robert J. Bryan. (DK) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
14

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5.. (Merriman, Steven) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

PACER
15

MOTION to Dismiss for lack of jurisdiction by Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol. (Attachments: # 1 Proposed Order) Noting Date 8/3/2012, (Cohen, Rebecca) (Entered: 07/12/2012)

1 Proposed Order

View on PACER

July 12, 2012

July 12, 2012

PACER
16

MOTION to Stay discovery pending resolution of motion to dismiss by Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol. (Attachments: # 1 Proposed Order, # 2 Exhibit A-C, # 3 Exhibit D-F, # 4 Exhibit G-I) Noting Date 7/27/2012, (Cohen, Rebecca) (Entered: 07/12/2012)

July 12, 2012

July 12, 2012

PACER
17

RESPONSE, by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez, to 16 MOTION to Stay discovery pending resolution of motion to dismiss. (Merriman, Steven) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
18

DECLARATION of Nicholas P. Gellert filed by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez re 16 MOTION to Stay discovery pending resolution of motion to dismiss (Merriman, Steven) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
19

NOTICE that the following is RE-NOTED: 15 MOTION to Dismiss for lack of jurisdiction. Filed by Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol. Noting Date 8/10/2012, (Cohen, Rebecca) (Entered: 07/26/2012)

July 26, 2012

July 26, 2012

PACER
20

REPLY, filed by Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol, TO RESPONSE to 16 MOTION to Stay discovery pending resolution of motion to dismiss (Cohen, Rebecca) (Entered: 07/27/2012)

July 27, 2012

July 27, 2012

PACER
21

ORDER ON MOTION TO STAY DISCOVERY PENDING RESOLUTION OF MOTION TO DISMISS, denying 16 Motion to Stay. Signed by Judge Robert J. Bryan. (JL) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
22

RESPONSE, by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez, to 15 MOTION to Dismiss for lack of jurisdiction. (Merriman, Steven) (Entered: 08/06/2012)

Aug. 6, 2012

Aug. 6, 2012

PACER
23

MINUTE ORDER SETTING TRIAL, PRETRIAL DATES AND ORDERING MEDIATION; Length of Trial: *FIVE DAYS*. Bench Trial is set for 5/13/2013 at 09:30 AM in Courtroom A before Judge Robert J. Bryan. Joinder of Parties due by 9/14/2012, Class certification motion due by 10/23/12, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/14/2012, Motions due by 12/24/2012, Discovery completed by 12/21/2012, Dispositive motions due by 1/21/2013, Settlement conference to be held by 3/14/2013, 39.1 mediation to be completed by 4/13/2013, 39.1 Settlement Report due by 4/20/2013, Motions in Limine due by 4/26/2013, Pretrial Order due by 4/26/2013, Pretrial Conference set for 5/3/2013 at 08:30 AMn. Trial briefs to be submitted by 5/3/2013, Authorized by Judge Robert J. Bryan. (DK) (Entered: 08/08/2012)

Aug. 8, 2012

Aug. 8, 2012

PACER
24

REPLY, filed by Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol, TO RESPONSE to 15 MOTION to Dismiss for lack of jurisdiction (Cohen, Rebecca) (Entered: 08/10/2012)

Aug. 10, 2012

Aug. 10, 2012

PACER
25

STIPULATION AND PROPOSED ORDER for a Protective Order by parties. (Cohen, Rebecca) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
26

MINUTE ORDER REASSIGNING CASE. Judge Robert J. Bryan RECUSES himself from the above-entitled cause of action. This case is REASSIGNED in rotation to Judge Benjamin H Settle for all further proceedings. Counsel are requested to modify their pleadings to reflect this change. Entered as directed by Judge Robert J. Bryan. (DK) (Entered: 08/22/2012)

Aug. 22, 2012

Aug. 22, 2012

PACER
27

Revised MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES - *FIVE DAY* Bench Trial is set for 5/14/2013 at 9:00 AM in Courtroom E before Judge Benjamin H. Settle. Joinder of Parties due by 9/24/2012, Amended Pleadings due by 10/4/2012, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/5/2012, Rebuttal Expert Disclosure/Reports due by 12/5/2012, Motions due by 12/17/2012, Discovery completed by 1/14/2013, Dispositive motions due by 2/13/2013, Settlement conference to be held by 3/15/2013, 39.1 mediation to be completed by 4/4/2013, Motions in Limine due by 4/8/2013, 39.1 Settlement Report due by 4/15/2013, Pretrial Order due by 4/22/2013, Trial briefs to be submitted by 4/23/2013, Pretrial Conference set for 4/29/2013 at 11:00 AM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
28

ORDER by Judge Benjamin H Settle re 25 Stipulation filed by Jay Cumbow, United States Customs and Border Protection, John C Bates, Michael J Fisher, United States Office of Border Patrol, Janet Napolitano, Department of Homeland Security, David Aguilar. (TG) (Entered: 08/24/2012)

Aug. 24, 2012

Aug. 24, 2012

PACER
29

ORDER by Judge Benjamin H Settle denying 15 Motion to Dismiss.(TG) (Entered: 08/27/2012)

Aug. 27, 2012

Aug. 27, 2012

Clearinghouse
30

Agreed MOTION Enforcement of Confidentiality Agreement by Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol. Noting Date 9/5/2012, (Cohen, Rebecca) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
31

ANSWER to 1 Complaint, by David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol.(Cohen, Rebecca) (Entered: 09/10/2012)

Sept. 10, 2012

Sept. 10, 2012

PACER
32

MOTION CR 37 Submission Regarding Plaintiffs' Request for Production Nos. 20-24 by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. (Attachments: # 1 Proposed Order) Noting Date 9/21/2012, (Gellert, Nicholas) (Entered: 09/21/2012)

1 Proposed Order

View on PACER

Sept. 21, 2012

Sept. 21, 2012

PACER
33

DECLARATION of Nicholas P. Gellert filed by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez re 32 MOTION CR 37 Submission Regarding Plaintiffs' Request for Production Nos. 20-24 (Attachments: # 1 Exhibit 1)(Gellert, Nicholas) (Entered: 09/21/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
34

ORDER by Judge Benjamin H Settle granting 30 Motion Regarding Enforcement of Confidentiality Agreement.(TG) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

RECAP
35

ORDER by Judge Benjamin H Settle denying 32 Motion to Compel Request for Production.(TG) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

RECAP
36

STIPULATION AND PROPOSED ORDER Re Amended Scheduling Order by parties. (Gellert, Nicholas) (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
37

STIPULATION AND ORDER by Judge Benjamin H Settle re 36 Stipulation filed by Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez: 39.1 mediation to be completed by 9/27/2013, 39.1 Settlement Report due by 10/11/2013, Discovery completed by 7/15/2013, Dispositive motions due by 8/15/2013, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/6/2013, Motions due by 6/17/2013, Motions in Limine due by 10/4/2013, Proposed pretrial order due by 10/17/2013, Proposed Findings of Fact and Conclusions of Law to be submitted by 10/18/2013, Rebuttal Expert Disclosure/Reports due by 6/5/2013, Settlement conference to be held by 9/13/2013, Trial briefs to be submitted by 10/18/2013, Bench Trial is set for 11/5/2013 at 09:00 AM before Judge Benjamin H Settle. Final Pretrial Conference set for 10/21/2013 at 01:30 PM before Judge Benjamin H Settle. (TG) (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

PACER
38

STIPULATION AND PROPOSED ORDER regarding Privacy Act by parties. (Attachments: # 1 Exhibit 1)(Cohen, Rebecca) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
39

STIPULATION AND PRIVACY ACT PROTECTIVE ORDER signed by Judge Benjamin H. Settle. (MGC) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
40

STIPULATION AND PROPOSED ORDER for Privacy Act Protective Order by parties. (Cohen, Rebecca) (Entered: 01/02/2013)

Jan. 2, 2013

Jan. 2, 2013

PACER
41

STIPULATION AND PRIVACY ACT PROTECTIVE ORDER by Judge Benjamin H Settle re 40 Stipulation filed by Jay Cumbow, United States Customs and Border Protection, John C Bates, Michael J Fisher, United States Office of Border Patrol, Janet Napolitano, Department of Homeland Security, David Aguilar. (TG) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
42

Stipulated MOTION and Proposed Order Regarding Deadline to File Motion for Class Certification by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. Noting Date 1/4/2013, (Gellert, Nicholas) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
43

ORDER by Judge Benjamin H Settle granting 42 Stipulated Motion extending deadline to file motion for class certification to March 1, 2013.(TG) (Entered: 01/07/2013)

Jan. 7, 2013

Jan. 7, 2013

RECAP
44

Stipulated MOTION and Proposed Order to Stay Litigation by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. Noting Date 2/12/2013, (Merriman, Steven) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
45

STIPULATION AND ORDER TO STAY LITIGATION by Judge Benjamin H Settle re 44 Stipulated MOTION and Proposed Order to Stay Litigation filed by Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. (TG) (Entered: 02/14/2013)

Feb. 14, 2013

Feb. 14, 2013

RECAP
46

Stipulated MOTION To Extend Litigation Stay and Joint Status Report by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. Noting Date 3/15/2013, (Gellert, Nicholas) (Entered: 03/14/2013)

March 14, 2013

March 14, 2013

PACER
47

ORDER by Judge Benjamin H Settle granting 46 Stipulated Motion to Extend Litigation Stay to 4/29/2013.(TG) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
48

Stipulated MOTION To Extend Litigation Stay by Plaintiffs Ernest Grimes, Ismael Ramos Contreras, Jose Sanchez. Noting Date 4/25/2013, (Gellert, Nicholas) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER
49

ORDER by Judge Benjamin H Settle granting 48 Stipulated Motion To Extend Litigation Stay to June 12, 2013.(TG) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

PACER
50

Stipulated MOTION to Extend Litigation Stay and JSR by Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol. Noting Date 6/12/2013, (Cohen, Rebecca) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
51

ORDER granting 50 Stipulated Motion by Judge Benjamin H Settle. Stay continued until 6/21/2013. (TG) (Entered: 06/17/2013)

June 17, 2013

June 17, 2013

PACER
52

STIPULATION AND PROPOSED ORDER to Extend Litigation Stay, and JSR by parties. (Cohen, Rebecca) (Entered: 06/21/2013)

June 21, 2013

June 21, 2013

PACER
53

STIPULATION AND ORDER by Judge Benjamin H Settle re 52 Stipulation filed by Jay Cumbow, United States Customs and Border Protection, John C Bates, Michael J Fisher, United States Office of Border Patrol, Janet Napolitano, Department of Homeland Security, David Aguilar. Parties to file dismissal paperwork or new status report by August 21, 2013. (TG) (Entered: 06/24/2013)

June 24, 2013

June 24, 2013

PACER
55

STIPULATION AND PROPOSED ORDER of Dismissal by parties. (Gellert, Nicholas) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

Clearinghouse
56

STIPULATION AND ORDER OF DISMISSAL by Judge Benjamin H Settle. (TG) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

54

JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. Filed by Defendants David Aguilar, John C Bates, Jay Cumbow, Department of Homeland Security, Michael J Fisher, Janet Napolitano, United States Customs and Border Protection, United States Office of Border Patrol.(Cohen, Rebecca) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

RECAP

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 26, 2012

Closing Date: Sept. 27, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons using a vehicle on the Olympic Peninsula who have been or will be stopped, detained, or interrogated by Border Patrol, excluding person disembarking from the international ferry in Port Angeles.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Northwest Immigrant Rights Project (NWIRP)

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

United States Border Patrol, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

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

Constitutional Clause(s):

Unreasonable search and seizure

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2013 - 2014

Content of Injunction:

Discrimination Prohibition

Required disclosure

Issues

General:

Failure to train

Racial profiling

Record-keeping

Records Disclosure

Search policies

Discrimination-basis:

National origin discrimination

Race discrimination

Race:

Race, unspecified

Type of Facility:

Government-run

Immigration/Border:

Border police

Constitutional rights

Detention - criteria

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern

Hispanic