Case: Ramirez-Martinez v. U.S. Immigration and Customs Enforcement

3:14-cv-05273 | U.S. District Court for the Western District of Washington

Filed Date: April 2, 2014

Closed Date: May 13, 2014

Clearinghouse coding complete

Case Summary

On April 2, 2014, three immigrant detainees incarcerated in the Northwest Detention Center (NDC) filed a lawsuit in the District Court in the Western District of Washington under 42 U.S.C. § 1983 against the United States Immigration and Customs Enforcement (ICE) and the United States Department of Homeland Security. The three detainees, represented by the ACLU, asked the court for injunctive relief in the form of a temporary restraining order prohibiting the placement of prisoners in solitary …

On April 2, 2014, three immigrant detainees incarcerated in the Northwest Detention Center (NDC) filed a lawsuit in the District Court in the Western District of Washington under 42 U.S.C. § 1983 against the United States Immigration and Customs Enforcement (ICE) and the United States Department of Homeland Security. The three detainees, represented by the ACLU, asked the court for injunctive relief in the form of a temporary restraining order prohibiting the placement of prisoners in solitary confinement for exercising their freedom of speech and freedom to protest, as well as a declaratory judgment that the defendants' actions were in violation of the U.S. Constitution. The plaintiffs' claim that they were incarcerated in solitary confinement for the sole reason that they exercised their First Amendment right of speech and petition.

On March 7, 2014, several detainees in the Northwestern Detention Center (NWDC) went on a peaceful hunger strike to protest immigration policies and to raise awareness of the conditions of the NWDC facilities. Officers claimed to be taking detainees to a "meeting" with the assistant warden. When they were escorted out of the unit, the detainees were placed in handcuffs and put in solitary confinement spending 23 hours a day in a cell. ICE's policy does not permit NWDC to place detainees in solitary confinement for any reason other than medical observation.

On May 13, 2014, the plaintiffs filed a notice of voluntary dismissal because ICE had released the detainees from solitary confinement.

Summary Authors

Tania Morris Diaz (9/24/2014)

People


Judge(s)

Bryan, Robert Jensen (Washington)

Attorneys(s) for Plaintiff

Baker, La Rond (Washington)

Chen, Margaret (Washington)

Dunne, Sarah A. (Washington)

Lee, Melissa R (Washington)

Mungia, Salvador A. (Washington)

Schmitt, Andrea L. (Washington)

Straley, Nicholas Broten (Washington)

Attorneys(s) for Defendant

Chan, Priscilla To-Yin (Washington)

Hildebrand, Regan (District of Columbia)

Judge(s)

Bryan, Robert Jensen (Washington)

Attorneys(s) for Plaintiff

Baker, La Rond (Washington)

Chen, Margaret (Washington)

Dunne, Sarah A. (Washington)

Lee, Melissa R (Washington)

Mungia, Salvador A. (Washington)

Schmitt, Andrea L. (Washington)

Straley, Nicholas Broten (Washington)

Attorneys(s) for Defendant

Chan, Priscilla To-Yin (Washington)

Hildebrand, Regan (District of Columbia)

Documents in the Clearinghouse

Document

3:14-cv-05273

Docket [PACER]

April 9, 2014

April 9, 2014

Docket
2

3:14-cv-05273

Motion for Temporary Restraining Order

April 2, 2014

April 2, 2014

Pleading / Motion / Brief
4-1

3:14-cv-05273

Complaint for Injunctive and Declaratory Relief

April 2, 2014

April 2, 2014

Complaint
17

3:14-cv-05273

Notice of Voluntary Dismissal

May 12, 2014

May 12, 2014

Notice Letter

Resources

Docket

Last updated Aug. 6, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

SEALED COMPLAINT for Injunctive and Declaratory Relief against all defendants, filed by Andres Ramirez−Martinez, Manuel Uriostegui, and Ericson Gonzales. (Receipt # 0981−3559256)(Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Mungia, Sal) Modified on 4/3/2014− SEE 4 PRAECIPE FOR REDACTED COMPLAINT (GMR). (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

2

MOTION for Temporary Restraining Order, by Plaintiffs Andres Ramirez−Martinez, Manuel Uriostegui, and Ericson Gonzales. (Attachments: # 1 Dec− pltf #1 (English); # 2 SEALED Dec− pltf #1 (Spanish); # 3 SEALED Dec− pltf #2; # 4 SEALED Dec− pltf #3; # 5 Declaration of Salvador A Mungia) Noting Date 4/4/2014, (Mungia, Sal) Modified on 4/3/2014, SEE 3 PRAECIPE FOR REDACTED DECLARATIONS (GMR). (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

3

PRAECIPE to attach documents DECLARATIONS− REDACTED re 2 MOTION for Temporary Restraining Order by Plaintiffs Andres Ramirez−Martinez, Manuel Uriostegui, Ericson Gonzales. (Attachments: # 1 Redacted Dec 2−2− pltf #1 (Spanish); # 2 Redacted Dec 2−3− pltf #2; # 3 Redacted Dec 2−4− pltf #3)(Mungia, Sal) Modified on 4/3/2014 (GMR). (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

4

PRAECIPE to attach document COMPLAINT− REDACTED re 1 Complaint by Plaintiffs Andres Ramirez−Martinez, Manuel Uriostegui, Ericson Gonzales. (Attachments: # 1 Complaint− redacted)(Mungia, Sal) Modified on 4/3/2014 (GMR). (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

Judge Robert J. Bryan added. (GMR) (Entered: 04/02/2014)

April 2, 2014

April 2, 2014

5

NOTICE of Hearing on Motion re 2 MOTION for Temporary Restraining Order : Motion Hearing set for 4/4/2014 at 09:30 AM in Courtroom A before Judge Robert J. Bryan.(DK) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

6

NOTICE of Appearance by attorney Regan Cook Hildebrand on behalf of Defendants Nathalie R. Asher, Jeh Johnson, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Thomas S Winkowski. (Hildebrand, Regan) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

Attorney Priscilla To−Yin Chan for Nathalie R. Asher,Priscilla To−Yin Chan for Jeh Johnson,Priscilla To−Yin Chan for United States Department of Homeland Security,Priscilla To−Yin Chan for United States Immigration and Customs Enforcement,Priscilla To−Yin Chan for Thomas S Winkowski added; per 6 Notice of Appearance. (ELS) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

Attorney Margaret Chen added for plaintiffs Ericson Gonzales, Andres Ramirez−Martinez, and Manuel Uriostegui; per 1 Complaint and 4/3/2014 admission to USDC of W/WA. (GMR) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

NOTICE of Docket Text Modification to the following docket entries: 1 SEALED Complaint, refer to 4 PRAECIPE FOR REDACTED COMPLAINT ; 2 MOTION for Temporary Restraining Order as to the attachments only: (Attachments: # 1 Dec− pltf #1 (English); # 2 SEALED Dec− pltf #1 (Spanish); # 3 SEALED Dec− pltf #2; # 4 SEALED Dec− pltf #3; # 5 Declaration of Salvador A Mungia); refer to 3 PRAECIPE FOR REDACTED DECLARATIONS (GMR) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

7

MOTION to Dismiss by Defendants Nathalie R. Asher, Jeh Johnson, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Thomas S Winkowski. (Attachments: # 1 Exhibit) Noting Date 4/4/2014, (Hildebrand, Regan) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

8

MINUTE ENTRY for proceedings held before Judge Robert J. Bryan− Dep Clerk: Dara Kaleel ; Pla Counsel: Sal Mungia, La Rond Baker, Melissa Lee, Margaret Chen ; Def Counsel: Regan Hildebrand, Priscilla Chan ; CR: Teri Hendrix ; TRO Hearing held on 4/4/2014. Parties advise the Motion for Temporary Restraining Order is now moot − motion is WITHDRAWN. Dfts' pending Motion to Dismiss (Dkt 7) will be properly noted for consideration according to the Civil Local Rules. (DK) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

9

MINUTE ORDER Regarding 7 Defendants' MOTION to Dismiss filed on April 3, 2014. Dispositive motions are to be NOTED for consideration no earlier than the fourth Fridays after filing and service of the motion. Local Rule CR 7(d)(3). Accordingly, the Court has RE−NOTED the motion for its correct noting date of April 25, 2014. Plaintiffs shall respond to the motion in accordance with Local Rule CR 7(d)(3). Entered as directed by Judge Robert J. Bryan. (DK) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

Noting Date Set/Reset re 7 MOTION to Dismiss : Noting Date 4/25/2014. (DK) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

10

MINUTE ORDER: Plaintiffs' 2 MOTION for Temporary Restraining Order, filed on April 2, 2014, is WITHDRAWN, for reasons stated orally during the motion hearing conducted on April 4, 2014. Entered as directed by Judge Robert J. Bryan. (DK) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

***Motion terminated: 2 MOTION for Temporary Restraining Order filed by Manuel Uriostegui, Andres Ramirez−Martinez, Ericson Gonzales. (DK) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

11

NOTICE to Withdraw Pending Motion re 7 MOTION to Dismiss ; by Defendants Nathalie R. Asher, Jeh Johnson, United States Department of Homeland Security, United States Immigration and Customs Enforcement, Thomas S Winkowski. (Hildebrand, Regan) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

12

ORDER REGARDING DISCOVERY AND DEPOSITIONS. Authorized by Judge Robert J. Bryan. (JL) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

13

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT. FRCP 26f Conference Deadline is 6/23/2014 ; Initial Disclosure Deadline is 6/30/2014; Joint Status Report due by 7/7/2014. Authorized by Judge Robert J. Bryan. (JL) (Entered: 04/08/2014)

April 8, 2014

April 8, 2014

14

MINUTE ENTRY for proceedings held before Judge Ronald B. Leighton− Dep Clerk: Jean Boring, Dara Kaleel ; Pla Counsel: Regan Hildebrand ; Def Counsel: Sal Mungia ; CR: None ; Telephone Conference held on 4/9/2014. Counsel for Ericson Gonzales move for an emergency TRO to keep Mr. Gonzales from being deported to the Philippines pending a hearing to be scheduled before Judge Bryan. Counsel for the Government objects to the issuance of the TRO but does not object to delaying deportation to allow briefing and a hearing. The Court is advised that the plaintiff is already on the plane and it may already be too late. Judge Leighton GRANTS the Emergency TRO and directs that the plaintiff be removed from the plane. Call concluded.(JAB) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

15

MOTION to Stay Plaintiff Gonzales's Deportation by Plaintiffs Ericson Gonzales, Andres Ramirez−Martinez, Manuel Uriostegui. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 5/16/2014, (Baker, La Rond) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

16

DECLARATION of Salvador A. Mungia in Support of Motion for Stay of Plaintiff Gonzales's Deportation filed by Plaintiffs Ericson Gonzales, Andres Ramirez−Martinez, Manuel Uriostegui re 15 MOTION to Stay Plaintiff Gonzales's Deportation (Baker, La Rond) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

17

NOTICE of Voluntary Dismissal of case by Plaintiffs Ericson Gonzales, Andres Ramirez−Martinez, Manuel Uriostegui (Mungia, Sal) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

18

MINUTE ORDER re: 17 Notice of Voluntary Dismissal. Pursuant to the Notice of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(i) (Dkt. 17 ), filed by plaintiffs on May 12, 2014, this case is DISMISSED WITHOUT PREJUDICE. Authorized by Judge Robert J. Bryan. (JL) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

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 2, 2014

Closing Date: May 13, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigrant detainees who went on a hunger strike protesting immigration policies

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Columbia Legal Services (formerly Evergreen)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Form of Settlement:

Voluntary Dismissal

Issues

General:

Conditions of confinement

Confinement/isolation

Disciplinary segregation

Discrimination-basis:

Immigration status

Type of Facility:

Government-run