Case: Muniz v. Gallegos

3:09-cv-02865 | U.S. District Court for the Northern District of Ohio

Filed Date: Dec. 10, 2009

Closed Date: Oct. 8, 2017

Clearinghouse coding complete

Case Summary

On December 10, 2009, Hispanics who had been restrained and interrogated by law enforcement agents filed this lawsuit in the U.S. District Court for the Northern District of Ohio against the U.S. Border Patrol and several Ohio police departments, accusing the defendants of racial profiling. Individual plaintiffs along with the organizational plaintiffs (Ohio Immigrant Worker Project and the Farm Labor Organizing Committee, AFL-CIO), were represented by private counsel and Advocates for Basic Le…

On December 10, 2009, Hispanics who had been restrained and interrogated by law enforcement agents filed this lawsuit in the U.S. District Court for the Northern District of Ohio against the U.S. Border Patrol and several Ohio police departments, accusing the defendants of racial profiling. Individual plaintiffs along with the organizational plaintiffs (Ohio Immigrant Worker Project and the Farm Labor Organizing Committee, AFL-CIO), were represented by private counsel and Advocates for Basic Legal Equality. Although the complaint was brought as a class action, the plaintiffs never sought class certification.

The plaintiffs alleged that they were restrained and interrogated by the defendants about their immigration status because of their Hispanic appearance, in violation of the Fourth and Fifth Amendments. These claims were brought against federal defendants as Bivens claims and against local defendants under § 1983. The plaintiffs also alleged that the defendants had conspired to violate their right to equal protection in violation of 42 U.S.C. § 1985(3) and § 1986. They requested injunctive and declaratory relief.

In their first amended complaint, filed on March 1, 2010, the plaintiffs added claims pursuant to the Administrative Procedure Act (APA) and alleged violations of the Immigration and Nationality Act and the Fourteenth Amendment. The plaintiffs also added requests for compensatory relief.

A settlement conference was held in May 2010, but did not lead to a settlement. On September 29, 2010, the District Court (Judge Jack Zouhary) denied without prejudice defendants' motions to dismiss and for summary judgment. The court, however, questioned whether subject matter jurisdiction was proper in this case.

There followed a long period of discovery. The plaintiffs filed a second amended complaint adding factual allegations against federal defendants and attempted to file a third amended complaint to add claims under the Federal Torts Claims Act, but leave to file was denied by the court on June 16, 2012.

Over the course of six months in 2012, the plaintiffs settled with the local defendants and dismissed all claims against the local defendants with prejudice. The settlement agreements were not publicly released. These settlements left only the claims against the federal defendants.

However, on October 19, 2012, the court held that it lacked subject matter jurisdiction over those claims, finding that plaintiffs' claims were barred by sovereign immunity. Muniz-Muniz v. U.S. Border Patrol, No. 3:09 CV 2865, 2012 WL 5197250 (N.D. Ohio Oct. 19, 2012). The district court, therefore, dismissed the plaintiffs' case in its entirety on November 15, 2012.

The plaintiffs then appealed to the U.S. Court of Appeals for the Sixth Circuit. On December 20, 2013, the Sixth Circuit reversed the district court's decision and remanded the case for further proceedings. The Sixth Circuit held that the waiver of sovereign immunity in the APA applied to all non-monetary claims against federal agencies. 741 F.3d 668 (6th Cir. 2013).

After the case was remanded, the parties engaged in further discovery. The defendants moved to dismiss the claims for lack of standing and moved for summary judgment. On May 28, 2014, the district court (Judge Zouhary) denied the defendants' motion to dismiss and motion for summary judgment. 2014 WL 11429041 (N.D. Ohio May 28, 2014).

Discovery continued for the next year and a trial date was set for the summer of 2015. The court held the two-week bench trial in June 2015. After the trial, the court had the parties submit post-trial briefs. After reviewing these briefs and the evidence presented at the trial, on February 24, 2016, the district court (Judge Zouhary) found for the defendants. Judge Zouhary held that the plaintiffs alleged an injury in fact sufficient to establish standing, but that they failed to demonstrate that Customs and Border Protection (CBP) maintained a policy or custom that had a discriminatory effect on Hispanics that was motivated by a discriminatory purpose. Judge Zouhary also held that the plaintiffs failed to establish that CBP had a policy or practice of escalating consensual encounters through immigration interrogations or encouraging local law enforcement officers to unconstitutionally prolong their investigations. 162 F.Supp.3d 623 (N.D. Ohio Feb. 24, 2016).

On April 19, 2016, the plaintiffs appealed the district court's decision. However, on August 24, 2017, the Sixth Circuit (Circuit Judges Kethledge, Meritt, and White) upheld the district court's decision. 869 F.3d 442 (6th Cir. 2017).

This case is now closed.

Summary Authors

Jennifer Bronson (10/26/2013)

Jessica Kincaid (5/16/2016)

Ava Morgenstern (11/23/2017)

Carol Chen (7/5/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4359970/parties/muniz-v-gallegos/


Judge(s)

Greer, J. Ronnie (Tennessee)

Kethledge, Raymond M. (Michigan)

Zouhary, Jack (Ohio)

Attorneys(s) for Plaintiff

Chablani, Aneel L (Ohio)

Heller, Mark R. (Ohio)

Mollo, Eugenio Jr. (Ohio)

Murray, John T. (Ohio)

Stewart, Michael J. (Ohio)

Attorneys(s) for Defendant

Belsan, Timothy Michael (District of Columbia)

Grigsby, Teresa L. (Ohio)

Judge(s)

Greer, J. Ronnie (Tennessee)

Kethledge, Raymond M. (Michigan)

Zouhary, Jack (Ohio)

Attorneys(s) for Plaintiff

Chablani, Aneel L (Ohio)

Heller, Mark R. (Ohio)

Mollo, Eugenio Jr. (Ohio)

Murray, John T. (Ohio)

Stewart, Michael J. (Ohio)

Attorneys(s) for Defendant

Belsan, Timothy Michael (District of Columbia)

Grigsby, Teresa L. (Ohio)

Hannon, Tami Z. (Ohio)

Kisor, Colin A. (District of Columbia)

McLandrich, John T. (Ohio)

Silvis, William C. (District of Columbia)

Sydlow, Holly Taft (District of Columbia)

Szuberla, Joan C. (Ohio)

Tomino, Nick (Ohio)

Weintraub, J. Max (District of Columbia)

Wright, Cara M. (Ohio)

Documents in the Clearinghouse

Document

3:09-cv-02865

Docket [PACER]

Feb. 24, 2016

Feb. 24, 2016

Docket
1

3:09-cv-02865

Complaint

Dec. 10, 2009

Dec. 10, 2009

Complaint
21

3:09-cv-02865

First Amended Complaint

March 1, 2010

March 1, 2010

Complaint
76

3:09-cv-02865

Order (In RE to Motion to Dismiss and/or in the Alternative Motion for Summary Judgment)

Sept. 29, 2010

Sept. 29, 2010

Order/Opinion
161

3:09-cv-02865

Order (Regarding Plaintiffs' Motion for Leave to File Third Amended Complaint)

June 15, 2012

June 15, 2012

Order/Opinion
195

3:09-cv-02865

Memorandum Opinion and Order (Granting Motion to Dismiss)

Muniz-Muniz v. U.S. Border Patrol

2012 WL 5197250

Oct. 19, 2012

Oct. 19, 2012

Order/Opinion
200

3:09-cv-02865

Order of Case Dismissal

Nov. 15, 2012

Nov. 15, 2012

Order/Opinion
205

12-04419

Opinion

Muniz-Muniz v. United States Border patrol

U. S. Court of Appeals for the Sixth Circuit

741 F.3d 668

Dec. 20, 2013

Dec. 20, 2013

Order/Opinion
216

3:09-cv-02865

Order

Muniz-Muniz v. United States Border Patrol

2014 WL 11429041

May 28, 2014

May 28, 2014

Order/Opinion
251

3:09-cv-02865

Memorandum Opinion and Order

Farm Labor Organizing Committee v. United States Border Patrol

162 F.Supp.3d 623, 2016 WL 726901

Feb. 24, 2016

Feb. 24, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4359970/muniz-v-gallegos/

Last updated Aug. 5, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

Complaint against All Defendants. Filing fee paid $ 350, receipt number 0647-3869916. Filed by Belinda Vega, Rocio Anani Saucedo-Carrillo, Antonio Torres-Franco, Roberto Muniz, Ohio Immigrant Worker Project, Emeterio Nieto-Medina, Juana Muniz-Torres, Maria de Belen Martinez-Castro, Alfonso Palafox, Farm Labor Organizing Committee, Rosa Carrillo-Vasquez, L. E. M-M., Jose Calderon, Maria Muniz-Muniz. (Attachment: # 1 Civil Cover Sheet) (Heller, Mark) (Entered: 12/10/2009)

1 Civil Cover Sheet

View on PACER

Dec. 10, 2009

Dec. 10, 2009

PACER
2

Magistrate Consent Form issued to counsel. Summons were not provided and were not issued. (M,C) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
3

Waiver of Service Returned Executed by All Plaintiffs. Charles D. Doan waiver sent on 12/10/2009, answer due 2/8/2010. filed on behalf of All Plaintiffs (Heller, Mark) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
4

Notice of Entry of Appearance and Request for Initial Extension of Time to Move, Plead or Answer filed by Kevin Cashen. (Attachments: # 1 Proposed Order)(Grigsby, Teresa) (Entered: 01/06/2010)

1 Proposed Order

View on PACER

Jan. 6, 2010

Jan. 6, 2010

PACER
5

ORDER granting extension of time to 2/16/10 for deft Kevin Cashen to plead. re 4 Judge Jack Zouhary on 1/6/10. (B,CJ) (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

PACER
6

Waiver of Service Returned Executed by All Plaintiffs. Kevin Cashen waiver sent on 12/10/2009, answer due 2/8/2010. filed on behalf of All Plaintiffs (Heller, Mark) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

PACER
7

Waiver of Service Returned Executed by All Plaintiffs. Jeffrey A. Briggs waiver sent on 12/10/2009, answer due 2/8/2010. filed on behalf of All Plaintiffs (Heller, Mark) (Entered: 01/13/2010)

Jan. 13, 2010

Jan. 13, 2010

PACER
8

Attorney Appearance by Nick C. Tomino filed by on behalf of Charles D. Doan. (Tomino, Nick) (Entered: 01/15/2010)

Jan. 15, 2010

Jan. 15, 2010

PACER
9

Motion for extension of time until 02/25/2010 to answer filed by Defendant Charles D. Doan. (Tomino, Nick) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
10

Marginal Entry Order granting 9 Motion for Extension of Time to Answer Charles D. Doan answer due 2/25/2010.. Judge Jack Zouhary on 2/5/10.(G,D) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
11

Motion to dismiss filed by Defendant Jeffrey A. Briggs. (Wright, Cara) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

PACER
12

Answer to 1 Complaint, filed by Kevin Cashen. (Grigsby, Teresa) (Entered: 02/11/2010)

Feb. 11, 2010

Feb. 11, 2010

PACER
13

Supplemental summonses filed on behalf of all Plaintiffs. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Heller, Mark) Modified on 2/16/2010 to correct text (B,TM). (Entered: 02/12/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
14

Praecipe to Clerk for the issuance of summons filed on behalf of all Plaintiffs. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(Heller, Mark) Modified on 2/16/2010 to correct text (B,TM). (Entered: 02/12/2010)

1 Summons

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

Feb. 12, 2010

Feb. 12, 2010

PACER
15

Original Summons issued for service upon Randy L. Gallegos, Eric Holder (Attorney General) Holly Tafy Sydlow, (U.S. Attorney's Office) and Steven Dettelbach (Office of the U.S Attorney) on 2/16/10. (B,TM) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
16

Notice of Separation from Office and Motion to Dismiss Jeffrey Briggs filed by Jeffrey A. Briggs. (Wright, Cara) Modified on 2/24/2010 (C,D). (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
17

Return of Service by certified mail executed upon Randy L. Gallegos, Chief Patrol Agent on 2/18/2010 filed on behalf of all plaintiffs. Related document(s) 15, 14, 1 . (B,TM) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
18

Return of Service by certified mail upon Holly Taft Sydlow, U.S. Attorneys Office on 2/17/2010 filed on behalf of all Plaintiffs. Related document(s) 1, 14 and 15 (B,TM) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
19

Return of Service by certified mail upon Steven M. Dettelbach, U.S. Attorney's Office (Cleveland) on 2/19/2010 filed on behalf of all Plaintiffs. Related document(s) 1, 14 and 15 . (B,TM) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
20

Answer to 1 Complaint, filed by Charles D. Doan. (Tomino, Nick) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

PACER
21

First Amended complaint against Jeffrey A. Briggs, Kevin Cashen, Charles D. Doan, Randy L. Gallegos, Jose Samuel Contreras Garcia, Jesus Rodriguez-Perez, John Does 1-9, John Does 10-12, John Does 13-15, John Does 16-17, Village of Attica, Village of Plymouth, City of Norwalk, Ohio, Jeffrey A. Briggs, Chief, Village of Attica Police Department, S. Wrisley, Robert Simon, Andre Dario, Mateo, David B. York, Ramiro Corona, United States Border Patrol, Customs and Border Protection, Department of Homeland Security and adding new party defendant(s) United States Border Patrol, Customs and Border Protection, Department of Homeland Security; John Does 1-9; John Does 10-12; John Does 13-15; John Does 16-17; Chief, Village of Attica Police Department; S. Wrisley; Andre Dario; Mateo; Robert Simon; David B. York; Ramiro Corona; Village of Attica; Village of Plymouth; City of Norwalk. Filed by Belinda Vega, Rocio Anani Saucedo-Carrillo, Antonio Torres-Franco, Roberto Muniz, Ohio Immigrant Worker Project, Emeterio Nieto-Medina, Juana Muniz-Torres, Maria de Belen Martinez-Castro, Alfonso Palafox, Farm Labor Organizing Committee, AFL-CIO, Rosa Carrillo-Vasquez, L.E. M-M., Jose Calderon, Maria Muniz-Muniz. (Heller, Mark). Modified on 3/1/2010: Per attorney, the document attached is an Amended Complaint. (M,C). (Entered: 03/01/2010)

March 1, 2010

March 1, 2010

RECAP
23

Original Summons issued for service upon Amended Complaint as to Jeffrey A. Briggs, Ramiro Corona, Andre Dario, Charles D. Doan, Randy L. Gallegos, Mateo, City of Norwalk, Ohio, Village of Plymouth, Ohio, United States Border Patrol, Customs and Border Protection, Department of Homeland Security, S. Wrisley, Chief Dave Light, David B. York, Holly Taft Sydlow, Eric Holder and Steven Dattelbach. (Attachments: # 1 Summons United States Border Control, # 2 Summons Jeffrey A. Briggs, # 3 Summons Ramiro Corona, # 4 Summons Andre Dario, # 5 Summons Steven Dattelbach, # 6 Summons Charles D. Doan, # 7 Summons Randy Gallegos, # 8 Summons Chief Dave Light, # 9 Summons Agent Mateo, # 10 Summons City of Norwalk, Ohio, # 11 Summons Village of Plymouth, Ohio, # 12 Summons Robert Simon, # 13 Summons Holly Taft Sydlow, # 14 Summons S. Wrsiely, # 15 Summons David B. York) (B,TM) Modified on 3/11/2010 (B,TM). (Entered: 03/08/2010)

1 Summons United States Border Control

View on PACER

2 Summons Jeffrey A. Briggs

View on PACER

3 Summons Ramiro Corona

View on PACER

4 Summons Andre Dario

View on PACER

5 Summons Steven Dattelbach

View on PACER

6 Summons Charles D. Doan

View on PACER

7 Summons Randy Gallegos

View on PACER

8 Summons Chief Dave Light

View on PACER

9 Summons Agent Mateo

View on PACER

10 Summons City of Norwalk, Ohio

View on PACER

11 Summons Village of Plymouth, Ohio

View on PACER

12 Summons Robert Simon

View on PACER

13 Summons Holly Taft Sydlow

View on PACER

14 Summons S. Wrsiely

View on PACER

15 Summons David B. York

View on PACER

March 8, 2010

March 8, 2010

PACER
24

Original Summons on Amended Complaint issued for service upon Eric Holder. (B,TM) Modified on 3/11/2010 (B,TM). (Entered: 03/11/2010)

March 11, 2010

March 11, 2010

PACER
25

Return of Service by certified mail executed upon Chief Dave Light on 3/13/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21, 22 . (B,TM) (Entered: 03/16/2010)

March 15, 2010

March 15, 2010

PACER
26

Return of Service by certified mail executed upon Jeffrey A. Briggs on 3/13/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21, 22 . (B,TM) (Modified on 3/22/2010 (B,TM) (Entered: 03/16/2010)

March 15, 2010

March 15, 2010

PACER
27

Return of Service by certified mail executed upon S. Wrisley on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
28

Return of Service by certified mail executed upon City of Norwalk, Ohio on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
29

Return of Service by certified mail executed upon Ramiro Corona on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
30

Return of Service by certified mail executed upon Andre Dario on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
31

Return of Service by certified mail executed upon Village of Plymouth, Ohio on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
32

Return of Service by certified mail executed upon Robert Simon on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
33

Return of Service by certified mail executed upon Chief Charles D. Doan on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
34

Motion for To Exceed the Page Limit filed by Village Attica, Ohio, Jeffrey A. Briggs. (Wright, Cara) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
35

Return of Service by certified mail executed upon Agent Mateo on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) (Modified on 3/22/2010 (B,TM). (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
36

Return of Service by certified mail upon Holly Taft Sydlow, U.S. Attorney's Office on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 (B,TM) Modified on 3/17/2010 (B,TM). (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
37

Return of Service by certified mail executed upon Randy L. Gallegos on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
38

Marginal Entry Order granting Motion to exceed page limits. Brief not to exceed 25 pages. (Related Doc # 34 ). Judge Jack Zouhary on 3/17/10.(G,D) (Entered: 03/17/2010)

March 17, 2010

March 17, 2010

PACER
39

Motion to dismiss Plaintiffs' First Amended Complaint filed by Village Attica, Ohio, Jeffrey A. Briggs. (Wright, Cara) (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

PACER
40

Answer to 21 Amended complaint filed by City of Norwalk and David Light. (Grigsby, Teresa) Modified on 3/22/2010 to correct filing party names (B,TM). (Entered: 03/19/2010)

March 19, 2010

March 19, 2010

PACER
43

Return of Service by certified mail executed upon Steven M. Dettelbach, U.S. Attorney (United States Border Patrol, Customs and Border Protection, Department of Homeland Security) on 3/15/2010 filed on behalf of All Plaintiffs. Related document(s) 23 and 21 (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/22/2010)

March 19, 2010

March 19, 2010

PACER
41

Return of Service by certified mail executed upon Village Attica, Ohio on 3/18/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) Modified on 3/22/2010 (B,TM). (Entered: 03/19/2010)

March 19, 2010

March 19, 2010

PACER
42

ORDER. Telephone Conference set for 3/31/10 at 9:30 AM before Judge Jack Zouhary. Counsel are instructed to call Chambers at (419) 213-5675 to obtain the number for the District Court conference line and advise who will be attending the conference. Judge Jack Zouhary on 3/22/10. (S,Na) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

PACER
44

Return of Service by certified mail executed upon United States Border Patrol, Customs and Border Protection, Department of Homeland Security on 3/16/2010 filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) (Entered: 03/22/2010)

March 22, 2010

March 22, 2010

PACER
45

Answer to 21 Amended complaint filed by Charles D. Doan and Village of Plymouth, Ohio. (Tomino, Nick) Modified on 3/23/2010 (B,TM). (Entered: 03/23/2010)

March 23, 2010

March 23, 2010

PACER
46

Return of Service by certified mail executed upon David B. York (no date on green card) filed on behalf of All Plaintiffs. Related document(s) 23, 21 . (B,TM) (Entered: 03/23/2010)

March 23, 2010

March 23, 2010

PACER
47

Motion for extension of time until July 21, 2010 to answer or Otherwise Respond to the Amended Complaint and Memorandum in Support filed by Defendant United States Border Patrol, Customs and Border Protection, Department of Homeland Security. Related document(s) 21 . (Sydlow, Holly) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
48

Certified mail receipts returned (8) addressed to Eric H. Holder and delivered on 3/17/2010 and 3/23/2010 per Amended Complaint. Related document(s) 23, 21 . (B,TM) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
49

Certified mail receipts returned, addressed to Steven M. Dettelbach (7) and delivered on 3/15/2010 per Amended Complaint. Related document(s) 23, 21 . (B,TM) (Entered: 03/29/2010)

March 29, 2010

March 29, 2010

PACER
50

ORDER Phone Status held on 3/31/10 Time: 30 min. 47 Motion for extension of time to answer Amended Complaint filed by United States Border Patrol, Customs and Border Protection, Department of Homeland Security is granted. Answer due 7/21/10. 11 Deft Briggs' Motion to dismiss is denied as moot. 16 Deft Briggs' Notice of Separation from Office and Motion to dismiss is denied with right to refile upon showing of good cause in the event that pltfs do not voluntarily dismiss (as pltf previously dismissed deft Kevin Cashen). 39 Deft Briggs' and Village of Attica's Motion to dismiss is denied without prejudice. Deft may renew the motion after limited discovery is completed to determine if pltfs have grounds to pursue Attica. Settlement Conference set for 5/21/2010 at 10:00 AM in Chambers 203 before Judge Jack Zouhary. Prior to the settlement conference, parties shall continue to informally exchange Rule 26a disclosures. Judge Jack Zouhary on 3/31/10. (B,CJ) (Entered: 03/31/2010)

March 31, 2010

March 31, 2010

PACER
51

Answer to 21 Amended complaint filed by Village Attica, Ohio, Jeffrey A. Briggs. (Wright, Cara) Modified on 4/16/2010 (B,TM). (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
52

Attorney Appearance by J. Max Weintraub filed by on behalf of United States Border Patrol, Customs and Border Protection, Department of Homeland Security. (Weintraub, J.) (Entered: 05/21/2010)

May 21, 2010

May 21, 2010

PACER
53

Attorney Appearance by William C. Silvis filed by on behalf of United States Border Patrol, Customs and Border Protection, Department of Homeland Security. (Silvis, William) (Entered: 05/24/2010)

May 24, 2010

May 24, 2010

PACER
54

ORDER Settlement Conference held 5/21/10. To the extent the arguments made in deft Village Attica's pending motion to dismiss apply to defts Norwalk & Plymouth, those defts are considered joined in that motion without further briefing. Deft US Border Patrol and other federal defts to file motion to dismiss or motion for judgment on the pleadings by 7/21/10; other local defts have until 6/21/10 to file similar motions. Should a party believe it requires more than alloted page limit for cases on complex track, call the court for permission sufficiently prior to filing deadline. Pltfs shall file opposition to motions of fed defts by 8/23/10 and oppos to motions of local defts by 8/6/10; Parties shall complete FRCP 26a initial disclosurs by 6/30/10. The individual fed defts are excluded from this deadline as they are expected to raise immunity defenses by way of motion. The Court reminds counsel that these disclosures are to be thorough and substantive to avoid costs & delay. Phone Conference set for 8/26/2010 at 10:00 AM. By consent, pltf shall have extension of time to serve John Doe defts; Ct and counsel will discuss at phone status deadline for serving those defts as well as whether reply briefs or oral arguments will be necessary on defts motions. Time: 4 hrs. (Attachments: # 1 sign in sheet) (B,CJ) (Entered: 05/24/2010)

1 sign in sheet

View on PACER

May 24, 2010

May 24, 2010

PACER
55

Attorney Appearance by Holly Taft Sydlow filed by on behalf of Ramiro Corona, Andre Dario, Randy L. Gallegos, Mateo, Robert Simon, S. Wrisley, David B. York. (Sydlow, Holly) (Entered: 05/25/2010)

May 25, 2010

May 25, 2010

PACER
56

Initial Disclosures of Rule 26(a) filed by Dave Light, City of Norwalk, Ohio. (Grigsby, Teresa) Modified on 6/2/2010 (B,TM). (Entered: 05/28/2010)

May 28, 2010

May 28, 2010

PACER
57

Motion for judgment on the pleadings filed by Defendant City of Norwalk, Ohio. (Grigsby, Teresa) (Entered: 06/18/2010)

June 18, 2010

June 18, 2010

PACER
58

Motion for judgment on the pleadings filed by Village Attica, Ohio, Jeffrey A. Briggs. (Wright, Cara) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
59

Motion for judgment on the pleadings filed by Charles D. Doan, Village of Plymouth, Ohio. (Tomino, Nick) (Entered: 06/21/2010)

June 21, 2010

June 21, 2010

PACER
60

Initial Disclosures filed by Charles D. Doan, Village of Plymouth, Ohio. (Attachments: # 1 Plymouth Police Department Call Record)(Tomino, Nick) (Entered: 06/30/2010)

1 Plymouth Police Department Call Record

View on PACER

June 30, 2010

June 30, 2010

PACER
61

Notice of Service of Initial Disclosures filed by United States Border Patrol, Customs and Border Protection, Department of Homeland Security. (Silvis, William) Modified on 7/2/2010 (B,TM). (Entered: 06/30/2010)

June 30, 2010

June 30, 2010

PACER
62

Motion to dismiss and/or in the Alternative Motion for Summary Judgment and Memorandum in Support filed by Ramiro Corona, Andre Dario, Randy L. Gallegos, Mateo, Robert Simon, United States Border Patrol, Customs and Border Protection, Department of Homeland Security, S. Wrisley, David B. York. (Attachments: # 1 Exhibit Declaration of Gallegos, # 2 Exhibit Declaration of Corona, # 3 Exhibit Declaration of Mateo, # 4 Exhibit Declaration of York, # 5 Exhibit Declaration of Dario, # 6 Exhibit Declaration of Wrisley, # 7 Exhibit Declaration of Simon)(Sydlow, Holly) (Entered: 07/21/2010)

1 Exhibit Declaration of Gallegos

View on PACER

2 Exhibit Declaration of Corona

View on PACER

3 Exhibit Declaration of Mateo

View on PACER

4 Exhibit Declaration of York

View on PACER

5 Exhibit Declaration of Dario

View on PACER

6 Exhibit Declaration of Wrisley

View on PACER

7 Exhibit Declaration of Simon

View on PACER

July 21, 2010

July 21, 2010

PACER
63

ORDER. Plaintiffs' combined Opposition to local Defendants' Motions for Judgment due 8/6/10 (40 pages). Plaintiffs' Opposition to federal Defendants' Motion to Dismiss due 9/7/10 (60 pages). 8/26/10 Status Phone Conference vacated and reset for 9/20/10 at 4:30 PM before Judge Jack Zouhary. Counsel to call Chambers to obtain call-in number and advise who will be attending the conference. Judge Jack Zouhary on 7/28/10. (S,Na) (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

PACER
64

Consolidated Opposition to 59 Plymouth Motion for judgment on the pleadings, 57 Norwalk Motion for judgment on the pleadings, 58 Attica Motion for judgment on the pleadings Consolidated Opposition filed by All Plaintiffs. (Heller, Mark) Modified on 8/10/2010 (M,L). (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
65

Reply Memorandum in Support of 58 Motion for judgment on the pleadings filed by Village Attica, Ohio, Jeffrey A. Briggs. (Attachments: # 1 Exhibit Bybee Opinion) (Wright, Cara) Modified on 8/19/2010 (B,TM). (Entered: 08/16/2010)

1 Exhibit Bybee Opinion

View on PACER

Aug. 16, 2010

Aug. 16, 2010

PACER
66

Notice of Service of First Set of Interrogatories and Requests for Production of Documents Propounded upon Plaintiffs filed by Village Attica, Ohio, Jeffrey A. Briggs. (Wright, Cara) (Entered: 09/07/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
67

Motion for extension of time to respond to Federal Defendants Motion for Summary Judgment until the completion of Discovery filed by Jose Calderon, Rosa Carrillo-Vasquez, Jose Samuel Contreras Garcia, Farm Labor Organizing Committee, AFL-CIO, Maria de Belen Martinez-Castro, Maria Muniz-Muniz, Emeterio Nieto-Medina, Ohio Immigrant Worker Project, Alfonso Palafox, Jesus Rodriguez-Perez, Rocio Anani Saucedo-Carrillo, Belinda Vega. (Attachments: # 1 Affidavit)(Heller, Mark) Modified on 9/8/2010 (B,TM). (Entered: 09/07/2010)

1 Affidavit Plaintiff Counsel Affidavit

View on PACER

Sept. 7, 2010

Sept. 7, 2010

PACER
68

Response to 62 Motion to dismiss and/or in the Alternative Motion for Summary Judgment and Memorandum in Support filed by All Plaintiffs. (Heller, Mark) (Entered: 09/07/2010)

Sept. 7, 2010

Sept. 7, 2010

PACER
69

Attorney Appearance by Michael J. Stewart filed by on behalf of plaintiffs. (Murray, John) Modified on 9/9/2010 (B,TM). Modified on 9/14/2010 (C,D). Document contains wrong s/signature. (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
70

Notice of Service First Set of Interrogatories and Requests for Production of Documents Propounded Upon Plaintiff Roberto Muniz filed by Village Attica, Ohio, Jeffrey A. Briggs. (Wright, Cara) (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
71

Opposition to 67 Motion for extension of time to respond to Motion for Summary Judgment until the completion of discovery filed by Ramiro Corona, Andre Dario, Randy L. Gallegos, Mateo, Robert Simon, United States Border Patrol, Customs and Border Protection, Department of Homeland Security, S. Wrisley, David B. York. (Sydlow, Holly) (Entered: 09/10/2010)

Sept. 10, 2010

Sept. 10, 2010

PACER
72

Notice of Withdrawal of 70 Notice of Service of Discovery Request upon plaintiff filed by Village Attica, Ohio, Jeffrey A. Briggs. (Wright, Cara) Modified on 9/13/2010 (B,TM). (Entered: 09/10/2010)

Sept. 10, 2010

Sept. 10, 2010

PACER
73

Status Conference set for 9/15/2010 at 01:00 PM to be held telephonically before Judge Jack Zouhary. Counsel are insturcted to call chambers to obtain conference call number and advise who will be attending. Judge Jack Zouhary on 9/14/2010. (C,D) (C,D). (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

PACER
74

ORDER. Status Phone Conference held on 9/15/10. Court reviewed with counsel suggestion for handling pending motions. Counsel will discuss suggestion with their respective clients. Further Phone Conference set for 9/24/10 at 2:00 PM before Judge Jack Zouhary. Counsel instructed to use same conference line number. 9/20/10 Phone Conference is vacated. (30 min) Judge Jack Zouhary on 9/17/10. (S,Na) (Entered: 09/17/2010)

Sept. 17, 2010

Sept. 17, 2010

PACER
75

Order of Status Conference: The pending Motions for Judgment on the Pleadings (Doc. Nos. 57-59), and Motion to Dismiss / Motion for Summary Judgment (Doc. No. 62), are each denied without prejudice and with the right to refile following limited discovery. Counsel for all parties shall confer and submit by October 6, 2010 a staged discovery planfor this Courts approval. Time: 30 minutes. Judge Jack Zouhary on 9/29/2010. (C,D) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
76

Order re 62 Motion to dismiss and/or in the Alternative Motion for Summary Judgment. See order for full details. Judge Jack Zouhary on 9/29/2010. (C,D) Modified on 10/4/2010 (G,Di). (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

PACER
77

Marginal Entry Order denying as moot 67 Motion to Extend Deadlines. Judge Jack Zouhary on 10/1/2010.(C,D) (Entered: 10/01/2010)

Oct. 1, 2010

Oct. 1, 2010

PACER
78

Discovery Plan and Report of Party Negotiations with Respect to Discovery and Dismissal of Local Defendants filed by plaintiffs. (Murray, Leslie) Modified on 10/15/2010 (G,D). (Entered: 10/14/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
79

RESPONSE to 78 Discovery Plan and Report of Party Negotiations with Respect to Discovery and Dismissal of Local Defendan filed by United States Border Patrol, Customs and Border Protection, Department of Homeland Security. (Weintraub, J.) Modified on 10/18/2010: s/ by William Silvis (M,L). (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

PACER
80

ORDER. Status Conference held on 10/18/10. Counsel agreed to dismiss without prejudice Federal Defendants named in their individual capacities. Parties agreed to tiered discovery plan. Counsel shall exchange letters setting forth agreed upon discovery plan, and shall file with Court a general description of the plan. Amended pleadings or dispositive motions may be filed with leave of Court or as agreed by the parties. Further status conference to be scheduled for December 2010 or earlier if requested by a party. Defendants still remaining in case to promptly file Answer to Complaint. (1 hr) Judge Jack Zouhary on 10/19/10. (S,Na) (Entered: 10/19/2010)

Oct. 19, 2010

Oct. 19, 2010

PACER
81

Consent Motion for extension of time until November 12, 2010 to answer filed by Defendant United States Border Patrol, Customs and Border Protection, Department of Homeland Security. Related document(s) 21 . (Weintraub, J.) (Entered: 11/05/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
82

Marginal Entry Order granting 81 Motion for Extension of Time to Answer United States Border Patrol, Customs and Border Protection, Department of Homeland Security answer due 11/12/2010. Judge Jack Zouhary on 11/10/2010.(C,D) (Entered: 11/10/2010)

Nov. 10, 2010

Nov. 10, 2010

PACER
83

Answer to 21 First Amended complaint, filed by United States Border Patrol, Customs and Border Protection, Department of Homeland Security, Ramiro Corona, Andre Dario, Randy L. Gallegos, Mateo, Robert Simon, S. Wrisley and David B. York. (Weintraub, J.) Modified on 11/15/2010 (M,L). Modified on 11/17/2010 to add additional filers.(M,L). (Entered: 11/12/2010)

Nov. 12, 2010

Nov. 12, 2010

PACER
84

ORDER. Pursuant to Court Order 80, Telephone Status set for 12/22/10 at 2:00 PM before Judge Jack Zouhary. Counsel instructed to call Chambers to obtain District Court conference number and advise who will be attending conference. Prior to Conference, and as agreed at the 10/18/10 Status Conference, Plaintiffs are to dismiss certain Defendants and all counsel should be prepared to set a firm case schedule. Judge Jack Zouhary on 12/7/10. (S,Na) (Entered: 12/07/2010)

Dec. 7, 2010

Dec. 7, 2010

PACER
85

Initial Discovery Plan and Voluntary Dismissal without Predjudice of Local Defendants, filed by All Plaintiffs. (Murray, Leslie) Modified on 12/22/2010 (M,L). (Entered: 12/21/2010)

Dec. 21, 2010

Dec. 21, 2010

PACER
86

ORDER. Phone Status held on 12/22/10. Initial Discovery Plan 85 approved with some clarifications as outlined in Order. Parties agreed discovery between Plaintiffs and Federal Defendants will be shared with Local Defendants. Follow-up telephone conference set for 4/8/11 at 10:00 AM before Judge Jack Zouhary (if counsel wish in-person conference, call Chambers). Discovery disputes will be referred to Magistrate Knepp. (20 min) Judge Jack Zouhary on 12/22/10. (S,Na) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

PACER
87

Notice of Service of First Set of Interrogatories and Requests for Production of Documents upon Attica Police Chief filed by All Plaintiffs. (Heller, Mark) Modified on 1/12/2011 (M,L). (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

PACER
88

Notice of Service of Plaintiffs' First Set of Interrogatories and Requests for Production of Documents upon Norwalk Police Chief, David Light filed by All Plaintiffs. (Heller, Mark) Modified on 1/12/2011 (M,L). (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

PACER
89

Notice of Service of First Set of Interrogatories and Requests for Production of Documents upon Plymouth Police Chief Doan filed by All Plaintiffs. (Heller, Mark) Modified on 1/12/2011 (M,L). (Entered: 01/11/2011)

Jan. 11, 2011

Jan. 11, 2011

PACER
90

Notice of Service of First Sets of Interrogatories and Requests for Production of Documents upon Defendant U.S. Border Patrol filed by All Plaintiffs. (Heller, Mark) (Entered: 01/13/2011)

Jan. 13, 2011

Jan. 13, 2011

PACER
91

Notice

Feb. 15, 2011

Feb. 15, 2011

PACER
92

Notice of Service

Feb. 18, 2011

Feb. 18, 2011

PACER
93

Notice of Service

1 Pleading Certificate of Service

View on PACER

Feb. 22, 2011

Feb. 22, 2011

PACER
94

Notice of Service

March 16, 2011

March 16, 2011

PACER
95

Status Report

April 5, 2011

April 5, 2011

PACER
96

Status Report

April 7, 2011

April 7, 2011

PACER
97

Minute Order _ Telephone Conference

April 8, 2011

April 8, 2011

PACER
98

Motion for extension of time (other)

April 14, 2011

April 14, 2011

PACER
99

Order on Motion for extension of time

April 15, 2011

April 15, 2011

PACER
100

Motion for protective order

April 25, 2011

April 25, 2011

PACER
101

Order on Motion for protective order

April 26, 2011

April 26, 2011

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 10, 2009

Closing Date: Oct. 8, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Hispanics who were restrained and interrogated by law enforcement agents

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Border Patrol, Federal

Village of Attica, Ohio (Attica), City

CITY OF NORWALK, OHIO (Norwalk), City

VILLAGE OF PLYMOUTH, OHIO (Plymouth), City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

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

42 U.S.C. § 1985

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

Constitutional Clause(s):

Due Process

Equal Protection

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Source of Relief:

Settlement

None

Form of Settlement:

Private Settlement Agreement

Issues

General:

Racial profiling

Search policies

Discrimination-basis:

Race discrimination

National Origin/Ethnicity:

Hispanic