Case: Buquer v. City of Indianapolis

1:11-cv-00708 | U.S. District Court for the Southern District of Indiana

Filed Date: May 25, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 25, 2011, three foreign residents of Indiana filed a class action lawsuit in the U.S. District Court for the Southern District of Indiana, Indianapolis Division, against the cities of Indianapolis and Franklin and the counties of Marion and Johnson. The plaintiffs, represented by the ACLU of Indiana, the national ACLU's Immigrants' Rights Project, the National Immigration Law Center, and private counsel, filed their suit under 42 U.S.C. § 1983, the Immigration and Nationality Act (INA), …

On May 25, 2011, three foreign residents of Indiana filed a class action lawsuit in the U.S. District Court for the Southern District of Indiana, Indianapolis Division, against the cities of Indianapolis and Franklin and the counties of Marion and Johnson. The plaintiffs, represented by the ACLU of Indiana, the national ACLU's Immigrants' Rights Project, the National Immigration Law Center, and private counsel, filed their suit under 42 U.S.C. § 1983, the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq., and the Declaratory Judgment Act, 28 U.S.C. § 2201, claiming that Indiana's Senate Enrolled Act 590 (SEA 590) violated the federal Constitution. Specifically, the plaintiffs claimed that Section 19, which allowed local law enforcement officers to make warrantless arrests of people who were subject to a removal order issued by an immigration court or a detainer or notice of action issued by the Department of Homeland Security, or who had been indicted or convicted of an aggravated felony, was preempted by federal law and constituted an unreasonable seizure under the Fourth Amendment and a violation of due process under the Fourteenth. They also claimed that Section 18, which made the use of consular identification cards for identification within the state a civil infraction punishable by fine, was preempted by federal law and in violation of the Fourteenth Amendment's guarantee of due process. The plaintiffs sought a declaration that SEA 590 violated the Constitution and a peremptory injunction barring its enforcement before it came into effect on July 1, 2011.

On June 13, 2011, Mexico moved for leave to file an amicus on behalf of plaintiffs, and Brazil, Guatemala, El Salvador and Columbia moved to join it. The District Court (Judge Sarah Evans Barker) granted these motions on June 21.

In the meantime, the Court (Judge Barker), on joint motion from plaintiffs and county defendants, had issued an order to protect the privacy and confidentiality of any of the individual plaintiffs' immigration status that might be implicated in discovery.

Following a hearing on June 20, 2011, on June 24 the Court (Judge Barker) granted plaintiffs' motion for a preliminary injunction, barring enforcement of Sections 18 and 19 of SEA 590 pending further order of the Court. Buquer v. City of Indianapolis, 797 F. Supp. 2d 905 (S.D. Ind. 2011).

On July 14, 2011, the Court (Judge Barker) granted a stipulation by plaintiffs and county defendants that two classes should be certified: a class of people in Marion and Johnson Counties who were or would be subject to warrantless arrest pursuant to Section 19 of SEA 590 (Class A), and a class of people who possessed, or would possess, a valid consular identification card and were using it, or would use it, for non-fraudulent identification purposes (Class B). The court certified both classes and appointed counsel for them.

On October 11, 2011, the county defendants filed a motion to join the United States as a necessary party. The Court (Judge Barker) denied this motion on January 9, 2012. Buquer v. City of Indianapolis, No. 1:11-cv-00708, 2012 WL 76141, 2012 U.S. Dist. LEXIS 3047 (S.D. Ind. Jan. 9, 2012). The Court (Magistrate Judge Mark J. Dinsmore) also denied a motion by defendants to stay the case pending the Supreme Court's decision in Arizona v. United States, No. 11-182 (IM-AZ-0015), remarking that it was unlikely to be entirely dispositive of some of the unique issues presented by this case.

Meanwhile, plaintiffs had filed a motion for summary judgment on November 20, 2011, and the City of Indianapolis had filed a cross-motion for summary judgment on December 21.

On March 28, 2013, the District Court (Judge Barker) granted plaintiffs' motion for summary judgment. According to the order, defendants are permanently enjoined from enforcing Section 18 and Section 20 of SEA 590, as they are both violated the Supremacy Clause and the Due Process Clause. Because plaintiffs' suit was dependent upon enforcement of these sections, the matter was dismissed without prejudice.

Summary Authors

Christopher Schad (6/19/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4903652/parties/buquer-v-city-of-indianapolis/


Judge(s)

Barker, Sarah Evans (Indiana)

Dinsmore, Mark. J. (Indiana)

Attorneys(s) for Plaintiff

Adams, Angela Denise (Indiana)

Cheer, Shiu-Ming (California)

Desormeau, Katherine (California)

Falk, Kenneth J. (Indiana)

Gelernt, Lee (New York)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Rose, Gavin Minor (Indiana)

Judge(s)

Barker, Sarah Evans (Indiana)

Dinsmore, Mark. J. (Indiana)

Attorneys(s) for Plaintiff

Adams, Angela Denise (Indiana)

Cheer, Shiu-Ming (California)

Desormeau, Katherine (California)

Falk, Kenneth J. (Indiana)

Gelernt, Lee (New York)

Jadwat, Omar C. (New York)

Joaquin, Linton (California)

Rose, Gavin Minor (Indiana)

Segura, Andre Ivan (New York)

Tumlin, Karen C. (California)

Wang, Cecillia D (California)

Attorneys(s) for Defendant

Banta, Donald G. (Indiana)

Barrett, William W. (Indiana)

Clay, Adam (Indiana)

Erdmann, Patricia Orloff (Indiana)

Garn, Jefferson S. (Indiana)

Gray, Lynnette (Indiana)

Isenberg, Betsy M (Indiana)

Joel, Kenneth Lawson (Pennsylvania)

Roebel, Justin F. (Indiana)

Spotts, Jillian Leigh (Indiana)

Will, Alexander Phillip (Indiana)

Zoeller, Gregory F. (Indiana)

Other Attorney(s)

Behar, Jose Jorge (Illinois)

Bohnet, Eric C. (Indiana)

Hethmon, Michael M. (District of Columbia)

Julian, Jill Z. (Indiana)

Karsh, Joshua (Illinois)

Piers, Matthew J. (Illinois)

Reeves, C Lee II (District of Columbia)

Roe, Garrett R. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

March 29, 2013 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief/Notice of Challenge to Constitutionality of State Statute

May 25, 2011 Complaint
67

Protective Order

June 17, 2011 Order/Opinion
79

Order Granting Plaintiffs' Motion for Preliminary Injunction

797 F.Supp.2d 905

June 24, 2011 Order/Opinion
84

Order [Certifying Class Action]

July 14, 2011 Order/Opinion
123

[Plaintiffs'] Memorandum of Law in Support of [Their] Motion for Summary Judgment

Nov. 20, 2011 Pleading / Motion / Brief
138

Defendant City of Indianapolis’s Response in Opposition to [Plaintiffs' Motion for] Summary Judgment and Brief in Support of its Cross-Motion for Summary Judgment

Dec. 21, 2011 Pleading / Motion / Brief
145

Plaintiffs' Reply in Support of [Their] Motion for Summary Judgment and Response in Opposition to City's Cross-Motion for Summary Judgment

Jan. 4, 2012 Pleading / Motion / Brief
149

Order [Denying the State Defendants' Motion to Join the United States as a Necessary Party]

2012 WL 76141, 2012 U.S.Dist.LEXIS 3047

Jan. 9, 2012 Order/Opinion
152

Defendant City of Indianapolis’s Reply in Support of its Cross-Motion for Summary Judgment

Jan. 23, 2012 Pleading / Motion / Brief

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4903652/buquer-v-city-of-indianapolis/

Last updated May 20, 2022, 2:41 a.m.

ECF Number Description Date Link
79

ORDER granting 14 Motion for Preliminary Injunction. Sections 18 and 19 of Senate Enrolled Act 590 are enjoined. Signed by Judge Sarah Evans Barker on 6/24/2011. (PGS)

June 24, 2011 RECAP
1

COMPLAINT filed by LOUISA ADAIR, INGRID BUQUER, and BERLIN URTIZ against CITY OF FRANKLIN, CITY OF INDIANAPOLIS, JOHNSON COUNTY PROSECUTOR, JOHNSON COUNTY SHERIFF, and MARION COUNTY PROSECUTOR.(DH) (Entered: 05/25/2011)

May 25, 2011
2

CIVIL COVER SHEET filed by Plaintiffs, LOUISA ADAIR, INGRID BUQUER, and BERLIN URTIZ. (DH) (Entered: 05/25/2011)

May 25, 2011
149

ORDER denying 102 Motion to Amend/Correct; denying 104 Motion for Joinder. DENYING State Defendants' Motion to Join a Necessary Party. In accordance with this denial, we also DENY State Defendants Motion for Leave to Amend Answer. IT IS SO ORDERED. Signed by Judge Sarah Evans Barker on 1/9/2012. *** SEE ORDER *** cm (CKM) Modified on 1/10/2012 (CKM).

Jan. 9, 2012 RECAP
3

NOTICE OF CHALLENGE TO CONSTITUTIONALITY OF A STATE STATUTE filed by Plaintiffs, LOUISA ADAIR, INGRID BUQUER, and BERLIN URTIZ. (DH) (Entered: 05/25/2011)

May 25, 2011
168

ORDER: The Court hereby GRANTS the City of Franklin's Motion to Join State Defendants' Motion for Extension of Time to File Responses 144 . The Court also hereby GRANTS Defendants' Motion for Extension of time so that Defendants will have thirty days from the date of this Order to respond to the Summary Judgment Motion 136 . For the reasons discussed below, the Court DENIES Defendants' Rule 56(d) Motion 132 . SEE ORDER FOR DETAILS. Signed by Magistrate Judge Mark J. Dinsmore on 3/9/2012. (SWM) Modified on 3/9/2012 (SWM).

March 9, 2012 RECAP
4

RECEIPT #IP024315 in the amount of $350.00 for filing fee. (DH) (Entered: 05/25/2011)

May 25, 2011
211

ORDER denying legislators' 190 Motion to Intervene. In light of this ruling, the State Defendants' 197 Motion for Reconsideration ; and 198 Motion to Strike are denied as moot. The case will proceed accordingly. (See Order). Signed by Judge Sarah Evans Barker on 3/28/2013. (MAC)

March 28, 2013 RECAP
5

Summonses Issued as to CITY OF FRANKLIN, CITY OF INDIANAPOLIS, JOHNSON COUNTY PROSECUTOR, JOHNSON COUNTY SHERIFF, MARION COUNTY PROSECUTOR and the Office of the Indiana Attorney General. (DH) (Entered: 05/25/2011)

May 25, 2011
212

ORDER on Pening Summary Judgment Motions. After careful review of the parties' submissions, documentary evidence, and applicable legal authorities, we GRANT Plaintiffs' Motion for Summary Judgment as to the State Defendants and hereby PER MANENTLY ENJOIN enforcement of Sections 18 and 20 of SEA 590. Plaintiffs' claim against the City of Indianapolis is DISMISSED WITHOUT PREJUDICE. A final judgment shall enter accordingly (See Order). Signed by Judge Sarah Evans Barker on 3/28/2013. (MAC)

March 28, 2013 RECAP
6

NOTICE of Appearance by Jan P. Mensz on behalf of Plaintiffs, LOUISA ADAIR, INGRID BUQUER, and BERLIN URTIZ. (DH) (Entered: 05/25/2011)

May 25, 2011
8

NOTICE of Appearance by Gavin Minor Rose on behalf of Plaintiffs, LOUISA ADAIR, INGRID BUQUER, and BERLIN URTIZ. (DH) (Entered: 05/25/2011)

May 25, 2011
9

NOTICE of Appearance by Angela Denise Adams on behalf of Plaintiffs, LOUISA ADAIR, INGRID BUQUER, and BERLIN URTIZ. (DH) (Entered: 05/25/2011)

May 25, 2011
10

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) (Entered: 05/25/2011)

May 25, 2011
11

MOTION for Attorney Linton Joaquin to Appear pro hac vice filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, and BERLIN URTIZ. (Attachments: # 1 Text of Proposed Order)(DH) (Entered: 05/25/2011)

May 25, 2011
12

MOTION for Attorney Karen C. Tumlin to Appear pro hac vice filed by Plaintiffs, LOUISA ADAIR, INGRID BUQUER, and BERLIN URTIZ. (Attachments: # 1 Text of Proposed Order)(DH) (Entered: 05/25/2011)

May 25, 2011
13

RECEIPT #IP024316 in the amount of $60.00 for pro hac vice fees of attorneys Karen Tumlin and Linton Joaquin. (DH) (Entered: 05/25/2011)

May 25, 2011
14

MOTION for Preliminary Injunction, filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) (Entered: 05/26/2011)

May 26, 2011
15

ORDER GRANTING 12 Motion to Appear pro hac vice. Attorney Karen Tumlin for LOUISA ADAIR,Karen Tumlin for INGRID BUQUER,Karen Tumlin for BERLIN URTIZ added. Signed by Judge Sarah Evans Barker on 5/26/2011. (CKM) (Entered: 05/26/2011)

May 26, 2011
16

ORDER GRANTING 11 Motion to Appear pro hac vice. Attorney Linton Joaquin for LOUISA ADAIR,Linton Joaquin for INGRID BUQUER,Linton Joaquin for BERLIN URTIZ added cm. Signed by Judge Sarah Evans Barker on 5/26/2011. (CKM) (Entered: 05/26/2011)

May 26, 2011
17

NOTICE of Appearance by Robert Howard Schafstall on behalf of Defendant CITY OF FRANKLIN. (Schafstall, Robert) (Entered: 06/01/2011)

June 1, 2011
18

BRIEF/MEMORANDUM in Support re 14 MOTION for Preliminary Injunction, filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. (Falk, Kenneth) (Entered: 06/01/2011)

June 1, 2011
25

RECEIPT #IP024420 in the amount of $ 30.00 For Pro Hac Fees by Lee Gelernt. (CKM) (Entered: 06/03/2011)

June 1, 2011
26

MOTION for Attorney(s) Lee Gelernt to Appear pro hac vice. c/s, filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. (Attachments: # 1 Order)(CKM) (Entered: 06/03/2011)

June 1, 2011
27

RECEIPT #IP024417 in the amount of $ 30.00 For Pro Hac Fees by Omar Jadwat. (CKM) Modified on 6/3/2011 (CKM). (Entered: 06/03/2011)

June 1, 2011
28

MOTION for Attorney(s) Omar C. Jadwat to Appear pro hac vice., filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. c/s (Attachments: # 1 Order)(CKM) (Entered: 06/03/2011)

June 1, 2011
29

RECEIPT #IP024418 in the amount of $ 30.00 For Pro Hac Fees by Andre I Segure. (CKM) (Entered: 06/03/2011)

June 1, 2011
30

MOTION for Attorney(s) Andre I. Segure to Appear pro hac vice., filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. c/s (Attachments: # 1 Order)(CKM) (Entered: 06/03/2011)

June 1, 2011
31

RECEIPT #IP054416 in the amount of $ 60.00 For Pro Hac Fees by Katherine Desormeau &Cecillia D. Wang. (CKM) Modified on 6/3/2011 (CKM). (Entered: 06/03/2011)

June 1, 2011
33

MOTION for Attorney(s) Katherine Desormeau to Appear pro hac vice. c/s, filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. (Attachments: # 1 Order)(CKM) (Entered: 06/03/2011)

June 1, 2011
19

NOTICE of Appearance by Wade Dunlap Fulford on behalf of Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Fulford, Wade) (Entered: 06/02/2011)

June 2, 2011
20

NOTICE of Appearance by Adam Clay on behalf of Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Clay, Adam) (Entered: 06/02/2011)

June 2, 2011
21

NOTICE of Appearance by Betsy M. Isenberg on behalf of Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Isenberg, Betsy) (Entered: 06/02/2011)

June 2, 2011
22

NOTICE of Appearance by Tamara Weaver on behalf of Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Weaver, Tamara) (Entered: 06/02/2011)

June 2, 2011
23

ENTRY − In accordance with Local Rule 65.2, the Court establishes the following briefing schedule on Plaintiffs' Motion for Preliminary Injunction; Defendants' response brief shall be filed on or before Wednesday, June 15, 2011. Plaintiffs reply brief shall be filed on or before Friday, June 17, 2011 SCHEDULING ORDER: Motion Hearing set for 6/20/2011 02:00 PM in room #307,(Judge Magnus Stinsons courtroom). United States Courthouse, 46 E. Ohio Street,. Signed by Judge Sarah Evans Barker on 6/2/2011.(CKM) (Entered: 06/02/2011)

June 2, 2011
24

NOTICE of Appearance by Scott Leroy Barnhart on behalf of Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Barnhart, Scott) (Entered: 06/02/2011)

June 2, 2011
34

ORDER granting 33 Motion to Appear pro hac vice. Attorney Katherine Desormeau for LOUISA ADAIR,Katherine Desormeau for INGRID BUQUER,Katherine Desormeau for BERLIN URTIZ added cm. Signed by Judge Sarah Evans Barker on 6/6/2011. (MAC) (Entered: 06/06/2011)

June 6, 2011
35

ORDER granting 26 Motion to Appear pro hac vice. Attorney Lee Gelernt for LOUISA ADAIR,Lee Gelernt for INGRID BUQUER,Lee Gelernt for BERLIN URTIZ added cm. Signed by Judge Sarah Evans Barker on 6/6/2011. (MAC) (Entered: 06/06/2011)

June 6, 2011
36

ORDER granting 28 Motion to Appear pro hac vice. Attorney Omar C. Jadwat for LOUISA ADAIR,Omar C. Jadwat for INGRID BUQUER,Omar C. Jadwat for BERLIN URTIZ added cm. Signed by Judge Sarah Evans Barker on 6/6/2011. (MAC) (Entered: 06/06/2011)

June 6, 2011
37

ORDER granting 30 Motion to Appear pro hac vice. Attorney Andre I. Segura for LOUISA ADAIR,Andre I. Segura for INGRID BUQUER,Andre I. Segura for BERLIN URTIZ added cm. Signed by Judge Sarah Evans Barker on 6/6/2011. (MAC) (Entered: 06/06/2011)

June 6, 2011
38

ORDER granting 32 Motion to Appear pro hac vice. Attorney Cecillia D. Wang for LOUISA ADAIR,Cecillia D. Wang for INGRID BUQUER,Cecillia D. Wang for BERLIN URTIZ added cm. Signed by Judge Sarah Evans Barker on 6/6/2011. (MAC) (Entered: 06/06/2011)

June 6, 2011
39

MOTION to Certify Class, filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. (Attachments: # 1 Affidavit Jason Flora, # 2 Affidavit Steven L. Tuchman, # 3 Affidavit Sarah L. Moshe, # 4 Affidavit A. Michelle Gutierrez, # 5 Affidavit Thomas G. Robbin, # 6 Affidavit Jessica M. Englert)(Mensz, Jan) (Entered: 06/07/2011)

June 7, 2011
41

NOTICE of Filing of Additional Affidavits in Support of Mot. for Prelim. Inj. &Mot. for Class Cert. by All Plaintiffs (Attachments: # 1 Affidavit of Ingrid Buquer, # 2 Affidavit of Berlin Urtiz, # 3 Affidavit of Louisa Adair, # 4 Affidavit of Sergio Aguilera) (Rose, Gavin) (Entered: 06/09/2011)

June 9, 2011
42

MOTION for Entry of Protective Order , filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ, Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Isenberg, Betsy) (Entered: 06/09/2011)

June 9, 2011
43

NOTICE of Appearance by Justin F. Roebel on behalf of Defendant CITY OF INDIANAPOLIS. (Roebel, Justin) (Entered: 06/10/2011)

June 10, 2011
44

NOTICE of Appearance by Jennifer Lynn Haley on behalf of Defendant CITY OF INDIANAPOLIS. (Haley, Jennifer) (Entered: 06/10/2011)

June 10, 2011
45

RETURN of Service by CMRRR, filed by All Plaintiffs. CITY OF FRANKLIN served on 5/27/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011
46

RETURN of Service by CMRRR, filed by All Plaintiffs. JOHNSON COUNTY PROSECUTOR served on 5/27/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011
47

RETURN of Service by CMRRR, filed by All Plaintiffs. CITY OF INDIANAPOLIS served on 6/8/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011
48

RETURN of Service by CMRRR, filed by All Plaintiffs. JOHNSON COUNTY SHERIFF served on 5/27/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011
49

RETURN of Service by CMRRR, filed by All Plaintiffs. MARION COUNTY PROSECUTOR served on 5/27/2011. (Mensz, Jan) (Entered: 06/10/2011)

June 10, 2011
50

NOTICE of Submission of Proposed Certification Pursuant To Rule 5,1 , filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ (Attachments: # 1 Proposed Certification) (Falk, Kenneth) (Entered: 06/10/2011)

June 10, 2011
51

*** STRIKEN PER 62 *** MOTION for Attorney(s) Matthew J. Piers; Jose J. Behar; Joshua Karsh to Appear pro hac vice., filed by Amicus Amicus Curiae United Mexican States. (Wilson, Tamara) Modified on 6/15/2011 (CKM). (Entered: 06/10/2011)

June 10, 2011
52

***STRIKEN PER 62 *** MOTION for Leave to File Amicus , filed by Amicus Amicus Curiae United Mexican States. (Wilson, Tamara) Modified on 6/15/2011 (CKM). (Entered: 06/10/2011)

June 10, 2011
53

***STRIKEN PER 62 *** MOTION for Leave to Join Amicus , filed by Amicus Amicus Curiae United Mexican States. (Wilson, Tamara) Modified on 6/15/2011 (CKM). (Entered: 06/10/2011)

June 10, 2011
54

NOTICE of Parties' First Extension of Time, filed by Defendant CITY OF INDIANAPOLIS. (Roebel, Justin) (Entered: 06/13/2011)

June 13, 2011
55

RECEIPT #IP024642 in the amount of $ 90.00 for Pro Hac Fees − Piers, Behar and Karsh. (MAC) (Entered: 06/14/2011)

June 13, 2011
58

MOTION for Attorney(s) Matthew J. Piers, Jose J. Behar and Joshua Karsh to Appear pro hac vice., filed by Amicus Amicus Curiae United Mexican States. (Attachments: # 1 Text of Proposed Order)(CKM) (Entered: 06/15/2011)

June 13, 2011
59

MOTION of the United Mexican States for Leave to File an Amicus Brief, filed by Amicus Amicus Curiae United Mexican States. (Attachments: # (Additional attachment(s) added on 6/21/2011: # 1 Brief, # 2 Exhibit A, # 3 Exhibit B) (CKM). Modified on 6/21/2011 (CKM). (Additional attachment(s) added on 6/21/2011: # 4 Order) (CKM). Modified on 6/21/2011 (CKM). (Entered: 06/15/2011)

June 13, 2011
60

MOTION For Leave to Join the Amicus Brief, filed by Amicus Amicus Curiae United Mexican States. (Attachments: # 1 Order)(CKM) (Entered: 06/15/2011)

June 13, 2011
57

NOTICE of Parties' First Extension of Time, filed by Defendant CITY OF FRANKLIN. (Schafstall, Robert) (Entered: 06/15/2011)

June 15, 2011
61

***STRIKEN PER ORDER 68 *** MOTION for Attorney(s) Shiu−Ming Cheer to Appear pro hac vice. Filing fee $ 30, receipt number 0756−2014045., filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. (Attachments: # 1 Text of Proposed Order)(Joaquin, Linton) Modified on 6/17/2011 (CKM). (Entered: 06/15/2011)

June 15, 2011
62

ENTRY STRIKING FILINGS (Docket No. 51, 52 &53) − Filings do not comply with Fed. R. Civ. P. 11, Local Rule 5.11, and section 14 of the Electronic Case Filing Administrative Policies and Procedures Manual for the Southern District of Indiana, they are stricken. The documents at issue may, however, be re−filed in compliance with all applicable federal and local rules. cm. Signed by Judge Sarah Evans Barker on 6/15/2011.(CKM) (Entered: 06/15/2011)

June 15, 2011

Motions terminated: 51 MOTION for Attorney(s) Matthew J. Piers; Jose J. Behar; Joshua Karsh to Appear pro hac vice. filed by Amicus Curiae United Mexican States, 52 MOTION for Leave to File Amicus filed by Amicus Curiae United Mexican States, 53 MOTION for Leave to Join Amicus filed by Amicus Curiae United Mexican States.. Signed by Judge Sarah Evans Barker on 6/15/2011.(CKM) (Entered: 06/15/2011)

June 15, 2011
63

RESPONSE in Opposition re 14 MOTION for Preliminary Injunction, filed by Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Attachments: # 1 Exhibit A − Urtiz Chronological Case Summary, # 2 Exhibit B − Urtiz Information, # 3 Exhibit C − Urtiz Motion to Withdraw Guilty Plea, # 4 Exhibit D − Urtiz Sentencing Order, # 5 Exhibit E − Urtiz Order Vacating Conviction, # 6 Exhibit F − Urtiz Order on Sentencing for Misdemeanor, # 7 Exhibit G − Urtiz Waiver of Rights and Guilty Plea, # 8 Exhibit H − Urtiz Order on Sentencing November 2010)(Isenberg, Betsy) (Entered: 06/15/2011)

June 15, 2011
66

ORDER GRANTING 58 Motion to Appear pro hac vice. Attorney Matthew J. Piers, Jose J. Beher, Joshua Karsh for Amicus Curiae United Mexican States added cm. Signed by Judge Sarah Evans Barker on 6/16/2011. (CKM) (Entered: 06/17/2011)

June 16, 2011
64

NOTICE of Parties' First Extension of Time, filed by Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Isenberg, Betsy) (Entered: 06/17/2011)

June 17, 2011
65

REPLY in Support of Motion re 14 MOTION for Preliminary Injunction, filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. (Attachments: # 1 Affidavit Buquer−Second Supplemental)(Falk, Kenneth) (Entered: 06/17/2011)

June 17, 2011
67

ORDER GRANTING 42 Motion for Protective Order. This Order shall continue to be binding throughout and after the conclusion of this litigation, including all appeals. Within thirty days of settlement or final adjudication, includingbut not limited to final adjudication of any appeals, all immigration records produced in this litigation shall be returned to counsel for Plaintiffs. (S.O.). Signed by Judge Sarah Evans Barker on 6/16/2011. (CKM) (Entered: 06/17/2011)

June 17, 2011
68

ORDER REGARDING ELECTRONIC FILING ERROR ; 61 MOTION for Attorney(s) Shiu−Ming Cheer to Appear pro hac vice. The Court will not accept said motion and it is hereby STRICKEN. The lawyers are, however, granted leave to correct their electronic filing error and re−file said motion in accordance with all applicable rules. (S.O.). Signed by Judge Sarah Evans Barker on 6/16/2011.(CKM) (Entered: 06/17/2011)

June 17, 2011
69

CERTIFICATION OF CHALLENGE TO CONSTITUTIONALITY OF INDIANA LAW: Pursuant to Rule 5.1 of the Federal Rules of Civil Procedure and 28 U.S.C. § 2403, you are hereby notified that this case challenges the constitutionality of portions of SEA 590, to become effective on July 1, 2011. Signed by Magistrate Judge Mark J. Dinsmore on 6/17/2011.(SWM) (Entered: 06/17/2011)

June 17, 2011
70

SCHEDULING ENTRY: Status Conference set for 6/21/2011 10:30 AM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss the Joint Motion for An Entry of Protective Order. Counsel shall attend the conference by calling the phone number to be provided by the court in an email. Signed by Magistrate Judge Mark J. Dinsmore on 6/17/2011.(SWM) (Entered: 06/17/2011)

June 17, 2011
72

NOTICE of Appearance by William W. Barrett on behalf of Defendant JOHNSON COUNTY SHERIFF. (Barrett, William) (Entered: 06/20/2011)

June 20, 2011
75

Minute Entry for proceedings held before Judge Sarah Evans Barker: Motion Hearing held on 6/20/2011 re 14 MOTION for Preliminary Injunction filed by LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. The hearing was held and concluded (Court Reporter Laura Howei Walters.) (CKM) (Entered: 06/21/2011)

June 20, 2011
76

RESPONSE in Opposition re 14 MOTION for Preliminary Injunction, filed by Amicus Amicus Curiae United Mexican States. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(CKM) (Entered: 06/21/2011)

June 20, 2011
73

SCHEDULING ENTRY: The telephonic status conference currently scheduled for Tuesday, June 21, 2011 at 10:30 a.m. is hereby VACATED. Signed by Magistrate Judge Mark J. Dinsmore on 6/21/2011.(SWM) (Entered: 06/21/2011)

June 21, 2011
74

ORDER GRANTING 59 Motion for Leave to File Amicus Brief in Support. The Clerk shall detach and file the amicus brief and supporting exhibits tendered at Docket Nos. 59−2, 59−3, and 59−4. ; GRANTING 60 Motion for Leave to Join Amicus Brief. The record shall reflect that the countries of Brazil, Guatemala, El Salvador, and Columbia join in the legal arguments presented in the amicus brief filed by the United Mexican States. Signed by Judge Sarah Evans Barker on 6/20/2011. (CKM) (Entered: 06/21/2011)

June 21, 2011
77

Unopposed MOTION for Extension of Time to July 8, 2011 to file response to 39 MOTION to Certify Class, filed by Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(Isenberg, Betsy) (Entered: 06/23/2011)

June 23, 2011
78

MOTION for Attorney(s) Shiu−Ming Cheer to Appear pro hac vice., filed by Plaintiff INGRID BUQUER. c/s (Attachments: # 1 Text of Proposed Order)(CKM) (Entered: 06/23/2011)

June 23, 2011
80

ORDER granting 78 Motion to Appear pro hac vice. Attorney Shiu−Ming Cheer for LOUISA ADAIR,Shiu−Ming Cheer for INGRID BUQUER,Shiu−Ming Cheer for BERLIN URTIZ added cm. Signed by Judge Sarah Evans Barker on 6/27/2011. (MAC) (Entered: 06/28/2011)

June 27, 2011
81

ORDER granting defts Marion County Prosecutor and Johnson County Prosecutor's 77 Motion for Extension of Time to File Response to 7/8/2011 re 39 MOTION to Certify Class. Signed by Magistrate Judge Mark J. Dinsmore on 6/27/2011. (SWM) (Entered: 06/28/2011)

June 27, 2011
82

STIPULATION to Certify Case as a Class Action , filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ, Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(Isenberg, Betsy) (Entered: 07/08/2011)

July 8, 2011
83

ANSWER to 1 Complaint, filed by CITY OF FRANKLIN.(Schafstall, Robert) (Entered: 07/14/2011)

July 14, 2011
84

ORDER re 82 Stipulation to certify Case as a Class Action filed by LOUISA ADAIR, JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR, INGRID BUQUER, BERLIN URTIZ. The Court having read the Stipulation, and being duly advised, finds that good cause exists to grant it. IT IS FURTHER ORDERED that Kenneth J. Falk, Gavin Rose, Jan P. Mensz and the remainder of plaintiffs' counsel are appointed as counsel for the class. *** SEE ENTRY FOR FURTHER INFORMATION ***. Signed by Judge Sarah Evans Barker on 7/14/2011.(CKM) (Entered: 07/14/2011)

July 14, 2011
85

DEFENDANT CITY OF INDIANAPOLIS ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES , filed by CITY OF INDIANAPOLIS.(Roebel, Justin) (Entered: 07/15/2011)

July 15, 2011
86

ANSWER to 1 Complaint and Statement of Defenses , filed by JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR.(Isenberg, Betsy) (Entered: 07/15/2011)

July 15, 2011
87

SCHEDULING ENTRY: Initial Pretrial Conference set for 8/30/2011 04:15 PM in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference (see Entry for additional information). Signed by Mark J. Dinsmore on 7/21/2011.(SWM) (Entered: 07/21/2011)

July 21, 2011
88

NOTICE of Filing Agreed Entry between Plaintiffs and Johnson County Sheriff by All Plaintiffs (Falk, Kenneth) (Entered: 08/18/2011)

Aug. 18, 2011
89

CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ and Defendants CITY OF FRANKLIN, CITY OF INDIANAPOLIS, JOHNSON COUNTY PROSECUTOR, JOHNSON COUNTY SHERIFF, and MARION COUNTY PROSECUTOR. (Falk, Kenneth) Modified on 8/22/2011 (JD). (Entered: 08/19/2011)

Aug. 19, 2011
90

MOTION to Approve Stipulation of the Parties to Amend Preliminary Injunction Order , filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ and Defendants CITY OF FRANKLIN, CITY OF INDIANAPOLIS, JOHNSON COUNTY PROSECUTOR, JOHNSON COUNTY SHERIFF, and MARION COUNTY PROSECUTOR. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth) Modified on 8/22/2011 (JD). (Entered: 08/19/2011)

Aug. 19, 2011
91

ORDER − Acknowledges Agreed Entry by Parties in regards to the Sherriff. *** See Entry ***(marginal notation). Signed by Judge Sarah Evans Barker on 8/22/2011.(CKM) (Entered: 08/23/2011)

Aug. 22, 2011
92

ORDER GRANTING 90 Motion to Approve Stipulation of the Parties toAmend Preliminary Injunction Order. IT IS THEREFORE ORDERED that all references in the Order Granting Plaintiffs' Motion for Preliminary Injunction (Doc. No. 79) to Section 19 of Senate Enrolled Act 590 shall be deemed to refer to Section 20 of Senate Enrolled Act 590. Signed by Judge Sarah Evans Barker on 8/23/2011. (CKM) (Entered: 08/24/2011)

Aug. 23, 2011
93

NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction held before Judge Sarah Evans Barker on 6/20/11 (Howie−Walters, Laura) (Entered: 08/26/2011)

Aug. 26, 2011
94

TRANSCRIPT of Preliminary Injunction Hearing held on 6/20/11 before Judge Sarah Evans Barker. (75 pages.) Court Reporter/Transcriber: Laura Howie−Walters (Telephone: (317) 632−3422). Please review the USDC Transcript Policy for more information on redaction procedures. Redaction Statement due 9/16/2011. Release of Transcript Restriction set for 11/25/2011. (Howie−Walters, Laura) Released on 11/29/2011 (SWM). (Entered: 08/26/2011)

Aug. 26, 2011
95

ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED, Dispositive Motions due by 4/25/2012. Upon approval, this Plan constitutes an Order of the Court. Failure to comply with an Order of the Court may result in sanctions for contempt, or as provided under Rule 16(f), to and including dismissal or default. Approved and So Ordered.. Signed by Magistrate Judge Mark J. Dinsmore on 9/6/2011.(CKM) (Entered: 09/06/2011)

Sept. 6, 2011
97

SCHEDULING ORDER: Final Pretrial Conference set for 11/7/2012 02:00 PM in room #210, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Bench Trial set for 11/14/2012 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 9/8/2011.(CKM) Modified on 9/9/2011 (CKM). (Entered: 09/09/2011)

Sept. 8, 2011
98

NOTICE of Service of Initial Disclosures, filed by Plaintiffs LOUISA ADAIR, INGRID BUQUER, BERLIN URTIZ. (Falk, Kenneth) (Entered: 09/22/2011)

Sept. 22, 2011
99

NOTICE of Service of Initial Disclosures, filed by Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Isenberg, Betsy) (Entered: 09/23/2011)

Sept. 23, 2011
100

Minute Entry for proceedings held before Magistrate Judge Mark J. Dinsmore: Initial Pretrial Conference held on 8/30/2011. The Court will approve the Case Management Plan, by separate order, with the changes to which the parties have agreed. Status Conference set for 10/13/2011 04:45 PM in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of this conference is to discuss the status of discovery. Counsel shall attend the status conference by calling the designated phone number, to be provided by the court via email. Signed by Magistrate Judge Mark J. Dinsmore(SWM) (Entered: 10/06/2011)

Oct. 5, 2011
102

MOTION to Amend/Correct 86 Answer to Complaint and Statement of Defenses , filed by Defendants JOHNSON COUNTY PROSECUTOR, MARION COUNTY PROSECUTOR. (Attachments: # 1 Proposed Amended Answer and Statement of Defenses, # 2 Text of Proposed Order)(Isenberg, Betsy) (Entered: 10/11/2011)

Oct. 11, 2011

State / Territory: Indiana

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 25, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two classes of people who are or will be in Marion and Johnson Counties, Indiana: (A) those who are or will be subject to warrantless arrest pursuant to Section 19 of SEA 590; and (B) those who possess, or will possess, a valid consular identification card and are using it, or will use it, for non-fraudulent identification purposes

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

ACLU National (all projects)

National Immigration Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Indianapolis, City

City of Franklin, City

Marion County, County

Johnson County, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Unreasonable search and seizure

Federalism (including 10th Amendment)

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

International law

Immigration/Border:

Constitutional rights

Detention - criteria

Detention - procedures

Undocumented immigrants - state and local regulation