Case: Miranda-Olivares v. Clackamas County

3:12-cv-02317 | U.S. District Court for the District of Oregon

Filed Date: Dec. 21, 2012

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On December 21, 2012, a former prisoner filed a lawsuit in the United States District Court for the District of Oregon under 42 U.S.C. § 1983 against the Clackamas County jail. The plaintiff, represented by the Oregon Law Center, claimed violations of her Fourteenth Amendment right to due process and her Fourth Amendment right against unlawful seizure. She also brought a a state-law false imprisonment claim. The plaintiff sought damages and attorney's fees. Specifically, the plaintiff claimed t…

On December 21, 2012, a former prisoner filed a lawsuit in the United States District Court for the District of Oregon under 42 U.S.C. § 1983 against the Clackamas County jail. The plaintiff, represented by the Oregon Law Center, claimed violations of her Fourteenth Amendment right to due process and her Fourth Amendment right against unlawful seizure. She also brought a a state-law false imprisonment claim. The plaintiff sought damages and attorney's fees. Specifically, the plaintiff claimed that she was improperly detained based solely on a federal immigration detainer issued by the U.S. Immigration and Customs Enforcement (ICE). The case was assigned to Judge Janice M. Stewart.

The plaintiff was originally arrested for violating a domestic violence restraining order and was booked into jail on March 12, 2012. By March 15, ICE had issued the detainer, which indicated that the agency was investigating whether the plaintiff was subject to removal from the United States. The form requested that the jail maintain custody of the plaintiff for not more than 48 hours after she would otherwise have been released to allow the Department of Homeland Security time to take custody of the her. On March 29, the plaintiff pleaded guilty to one of her charges and should have been released that same day. Instead, the jail held her for another 19 hours based solely on the detainer.

The plaintiff was told that, because of the detainer, she would remain detained regardless of bail being posted. The plaintiff claimed that by denying her the opportunity to be released by posting bail solely due to the existence of the detainer, the jail deprived her of her due process rights. She also claimed that by continuing to hold her without any basis in state law after her criminal matter had been resolved, the jail effected an unlawful seizure under the Fourth Amendment. Finally, she claimed the imprisonment was without legal authority and in violation of Oregon law. Because the facts of the matter were undisputed, the County moved for summary judgment, and the plaintiff cross-moved for summary judgment as to her § 1983 claims.

On April 11, 2014, the District Court issued an opinion and order granting summary judgment to the County with regard to the due process and false imprisonment claims, and granting summary judgment to the plaintiff with regard to her unlawful seizure claim. 2014 WL 1414305. The court found that the County's continuation of the plaintiff's detention based on the ICE detainer constituted new, "prolonged warrantless, post-arrest, pre-arraignment custody." After the plaintiff's resolution of her state charges, and at any time prior had the plaintiff posted bail, the County no longer had probable cause to justify her detention. Her remaining in custody counted as a new, initial seizure without probable cause, which violated her Fourth Amendment rights. The only issue left for trial was the amount of damages owed to the plaintiff for the jail's violation of her Fourth Amendment right.

On May 4, 2015, two weeks before a jury trial was set to begin, the plaintiff accepted the defendant's offer of judgment. On May 5, the District Court entered an order granting the plaintiff $30,100.00 in damages against the County, as well as reasonable costs and attorneys fees. The plaintiff later filed a motion for attorney fees and costs in the sum of $124,944.04.

On June 3, 2015, the County filed an appeal from the judgment to the Ninth Circuit (docket #15-35439). On June 17, the plaintiff filed a cross-appeal.

On August 28, 2015, the District Court issued an opinion and order awarding the plaintiff attorney fees in the sum of $94,531.70 and costs in the sum of $2,841.44, for a total of $97,373.14. 2015 WL 5093752.

On September 14, 2015, both parties' appeals were voluntarily dismissed as the matter had been resolved in the District Court.

The case is closed.

Summary Authors

Andrew Junker (9/25/2014)

Sam Kulhanek (2/1/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4365883/parties/miranda-olivares-v-clackamas-county/


Judge(s)

Stewart, Janice M. (Oregon)

Attorneys(s) for Plaintiff

Haile, Benjamin Wright (Oregon)

Henretty, David R. (Oregon)

Neal, Spencer M. (Oregon)

Nevill, Francie J. (Oregon)

Attorneys(s) for Defendant

Ciecko, Scott C. (Oregon)

Madkour, Stephen L (Oregon)

Other Attorney(s)

Active

Judge(s)

Stewart, Janice M. (Oregon)

Attorneys(s) for Plaintiff

Haile, Benjamin Wright (Oregon)

Henretty, David R. (Oregon)

Neal, Spencer M. (Oregon)

Nevill, Francie J. (Oregon)

Attorneys(s) for Defendant

Ciecko, Scott C. (Oregon)

Madkour, Stephen L (Oregon)

Other Attorney(s)

Cox, James E. Jr. (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 15, 2015 Docket
1

Complaint

Miranda-Olivares v. Clackamas County et al

Dec. 21, 2012 Complaint
6

First Amended Complaint

March 1, 2013 Complaint
42

Order and Opinion Granting Partial Summary Judgment

2014 WL 1414305

April 11, 2014 Order/Opinion
124

Judgment

May 5, 2015 Order/Opinion
163

Opinion and Order

2015 WL 5093752

Aug. 28, 2015 Order/Opinion

Resources

Title Description External URL

Revving Up the Deportation Machinery: Enforcement and Pushback under Trump

Randy Capps et al.

This report focuses on interior immigration enforcement during the Trump administration and in particular the activities of ICE, the DHS agency responsible for interior enforcement. Over the course o… May 1, 2018 https://www.immigrationresearch.org/system/files/Immigration_Enforcement_and_Pushback.pdf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4365883/miranda-olivares-v-clackamas-county/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $350 collected. Agency Tracking ID: 0979-3135139 Jury Trial Requested: No. Filed by Maria Miranda-Olivares against All Defendants (Attachments: # 1 Civil Cover Sheet JS 44, # 2 Proposed Summons for county, # 3 Proposed Summons for sheriff). (Henretty, David) (Entered: 12/21/2012)

1 Civil Cover Sheet JS 44

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2 Proposed Summons for county

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3 Proposed Summons for sheriff

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Dec. 21, 2012 RECAP
2

Notice of Case Assignment to Magistrate Judge Janice M. Stewart and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 4/22/2013. Joint Alternate Dispute Resolution Report is due by 5/20/2013. Pretrial Order is due by 5/20/2013. Ordered by Magistrate Judge Janice M. Stewart. (sm) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
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Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sm) (Entered: 12/21/2012)

Dec. 21, 2012 PACER
4

Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Clackamas County, Craig Roberts. (Ciecko, Scott) (Entered: 02/13/2013)

Feb. 13, 2013 PACER
5

Acceptance/Acknowledgement of Service on All Defendants Filed by Maria Miranda-Olivares. (Henretty, David) (Entered: 03/01/2013)

March 1, 2013 PACER
6

First Amended Complaint . Filed by Maria Miranda-Olivares against Clackamas County. (Henretty, David) (Entered: 03/01/2013)

March 1, 2013 RECAP
7

Answer to 6 Amended Complaint with Jury Demand and Affirmative Defenses. Filed by Clackamas County. (Ciecko, Scott) (Entered: 03/14/2013)

March 14, 2013 PACER
8

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELPEHONE Rule 16 Conference for Wednesday 4/10/2013 at 02:00PM before Magistrate Judge Janice M. Stewart. Local Rules 16-2 and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Plaintiff shall advise the court at the conference whether or not there will be full consent from all parties to proceed before the magistrate judge in the case. Until full consents are filed, no trial date will be set. (jlr) (Entered: 03/25/2013)

March 25, 2013 PACER
9

MINUTES of Proceedings: Telephone Rule 16 Conference and Notice Regarding Civil Case Procedures. ORDER Setting the Following Case Schedule: Joint ADR Report is due by 6/20/2013. Discovery is to be completed and written consents to proceed before a Magistrate Judge, if any, are to be filed by 7/15/2013. Defendant's Dispositive Motion is due by 8/14/2013. Plaintiff's Cross-Motion is due with its Response to Defendant's Dispositive Motion. Exchange of Expert Disclosure Statements is to be completed and the Pretrial Order is due 30 days after a final ruling on dispositive motions. Please see the attached Notice regarding additional procedures in cases before Magistrate Judge Janice M. Stewart. David R. Henretty present as counsel for plaintiff. Scott C. Ciecko present as counsel for defendant. Court Reporter: None. Tape No: None. Magistrate Judge Janice M. Stewart presiding. (ssm) (Entered: 04/10/2013)

April 10, 2013 PACER
10

Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (sss) (Entered: 04/10/2013)

April 10, 2013 PACER
11

Joint ADR Report . Filed by All Plaintiffs.(Henretty, David) (Entered: 06/10/2013)

June 10, 2013 PACER
12

Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Maria Miranda-Olivares. (Henretty, David) (Entered: 07/03/2013)

July 3, 2013 PACER
13

Declaration of David Henretty in Support of Plaintiff's Motion to Extend Discovery and Pretrial Deadlines. Filed by Maria Miranda-Olivares. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 12 .) (Henretty, David) (Entered: 07/03/2013)

July 3, 2013 PACER
14

ORDER: Granting Plaintiff's Unopposed Motion for Extension of Discovery and Pretrial Deadlines 12 . Discovery is to be completed by 9/13/2013. Dispositive Motions are due by 10/15/2013. Plaintiff's Cross-Motion is due with its Response to Defendant's Dispositive Motion. Ordered by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 07/08/2013)

July 8, 2013 PACER
15

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Scheduling Conference for Tuesday, 10/1/2013 at 01:30PM to set a trial date before Magistrate Judge Janice M. Stewart. Court staff will initiate the call to counsel. (jlr) (Entered: 09/26/2013)

Sept. 26, 2013 PACER
16

Scheduling Order by Magistrate Judge Janice M. Stewart. Due to a court conflict, Order RESETTING the TELEPHONE Scheduling Conference from 10/1/13 to Tuesday, 10/15/2013 at 10:30AM before Magistrate Judge Janice M. Stewart to set a trial date. Court staff will initiate the call to counsel. (jlr) (Entered: 10/01/2013)

Oct. 1, 2013 PACER
17

Motion for Summary Judgment . oral argument requested. Filed by Clackamas County. (Ciecko, Scott) (Entered: 10/15/2013)

Oct. 15, 2013 PACER
18

Memorandum in Support of motion for summary judgment. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 17 .) (Ciecko, Scott) (Entered: 10/15/2013)

Oct. 15, 2013 PACER
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Declaration of Lt. Lee Eby in support of motion for summary judgment. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 17 .) (Attachments: # 1 Exhibit 101, # 2 Exhibit 102, # 3 Exhibit 103) (Ciecko, Scott) (Entered: 10/15/2013)

1 Exhibit 101

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2 Exhibit 102

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3 Exhibit 103

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Oct. 15, 2013 PACER
20

Declaration of Scott Ciecko in support of motion for summary judgment. Filed by Clackamas County. (Related document(s): Motion for Summary Judgment 17 .) (Attachments: # 1 Exhibit 104, # 2 Exhibit 105) (Ciecko, Scott) (Entered: 10/15/2013)

1 Exhibit 104

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2 Exhibit 105

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Oct. 15, 2013 PACER
21

MINUTES of Proceedings: Status Conference. Plaintiff's cross-motion and response to defendant's Motion for Summary Judgment 17 are due by 11/8/2013. Defendant's reply to its Motion for Summary Judgment 17 and response to plaintiff's cross-motion are due by 12/2/2013. Plaintiff's reply to the cross-motion is due by 12/19/2013. The PTO is waived. Oral Argument is set for 1/16/2014 at 09:30AM in Portland Courtroom 11A before Magistrate Judge Janice M. Stewart. If plaintiff files the last reply before 12/12/2013, the court will reset oral argument to 12/19/2013 at 9:30 AM. The court defers scheduling any jury trial on damages until after resolution of the dispositive motions. David R. Henretty present as counsel for plaintiff. Scott C. Ciecko present as counsel for defendant. Magistrate Judge Janice M. Stewart presiding. Modified number (21) to docket entry on 10/16/2013 (eo). (Entered: 10/15/2013)

Oct. 15, 2013 PACER
22

Scheduling Order by Magistrate Judge Janice M. Stewart: Pursuant to defendant's email request without objection by plaintiff, ORDER RESETTING Oral Argument on Motion for Summary Judgment 17 from 1/16/14 to Tuesday, 2/11/2014 at 09:30AM in Portland Courtroom 11A before Magistrate Judge Janice M. Stewart. (jlr) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
23

Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. Oral Argument requested. Filed by All Plaintiffs. (Henretty, David) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
24

Plaintiff's Memorandum in Support of her Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. Filed by All Plaintiffs. (Related document(s): Motion for Partial Summary Judgment 23 .) (Henretty, David) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
25

Declaration of Maria Miranda-Olivares in Support of her Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. Filed by Maria Miranda-Olivares. (Related document(s): Motion for Partial Summary Judgment 23 .) (Henretty, David) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
26

Declaration of Laura Miranda in Support of Plaintiff's Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. Filed by Maria Miranda-Olivares. (Related document(s): Motion for Partial Summary Judgment 23 .) (Henretty, David) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
27

Declaration of David Henretty in Support of Plaintiff's Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment. Filed by Maria Miranda-Olivares. (Related document(s): Motion for Partial Summary Judgment 23 .) (Attachments: # 1 Exhibit ICE FAQ from website, # 2 Exhibit Form I-247, # 3 Exhibit Jail criminal alien report, # 4 Exhibit Responses to First RFA, # 5 Exhibit Responses to First Interrogatories, # 6 Exhibit Lt. Eby deposition testimony, # 7 Exhibit Sheriff deposition testimony, # 8 Exhibit Responses to Second RFA, # 9 Exhibit Arraignment transcript, # 10 Exhibit County health records, # 11 Exhibit Respnoses to Second Interrogatories, # 12 Exhibit Jail policy and procedures, # 13 Exhibit 8 CFR 287.7, # 14 Exhibit ICE policy, # 15 Exhibit ICE Answer, # 16 Exhibit ICE Motion) (Henretty, David) (Entered: 11/08/2013)

1 Exhibit ICE FAQ from website

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2 Exhibit Form I-247

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3 Exhibit Jail criminal alien report

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4 Exhibit Responses to First RFA

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5 Exhibit Responses to First Interrogatories

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6 Exhibit Lt. Eby deposition testimony

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7 Exhibit Sheriff deposition testimony

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8 Exhibit Responses to Second RFA

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9 Exhibit Arraignment transcript

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10 Exhibit County health records

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11 Exhibit Respnoses to Second Interrogatories

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12 Exhibit Jail policy and procedures

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13 Exhibit 8 CFR 287.7

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14 Exhibit ICE policy

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15 Exhibit ICE Answer

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16 Exhibit ICE Motion

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Nov. 8, 2013 PACER
28

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Plaintiff's Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment 23 for Oral Argument along with Defendant's Motion for Summary Judgment 17 for 2/11/2014 at 9:30AM in Portland Courtroom 11A before Magistrate Judge Janice M. Stewart. (jlr) (Entered: 11/08/2013)

Nov. 8, 2013 PACER
29

Response to Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment 23 oral argument requested. Filed by Clackamas County. (Ciecko, Scott) (Entered: 12/02/2013)

Dec. 2, 2013 PACER
30

Reply to Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment 23 Oral Argument requested. Filed by All Plaintiffs. (Attachments: # 1 Exhibit 53 Fed. Register 9281, # 2 Exhibit Maryland Opinion, # 3 Exhibit California Opinion) (Henretty, David) (Entered: 12/12/2013)

1 Exhibit 53 Fed. Register 9281

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2 Exhibit Maryland Opinion

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3 Exhibit California Opinion

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Dec. 12, 2013 PACER
31

MINUTES of Proceedings: before Magistrate Judge Janice M. Stewart. Motion Hearing held regarding Motion for Summary Judgment 17 and Motion for Partial Summary Judgment 23 . Motions are taken under advisement as of 2/11/2014. David Henretty present as counsel for plaintiff. Scott Ciecko present as counsel for defendant(s). Court Reporter: Bonita Shumway. (jlr) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
32

Notice re Motion for Partial Summary Judgment 23 Plaintiff's Notice of Supplemental Authority Filed by Maria Miranda-Olivares (Related document(s): Motion for Partial Summary Judgment 23 .) (Attachments: # 1 Exhibit D.R.I. Memo and Order (2/12/2014)) (Henretty, David) (Entered: 02/14/2014)

1 Exhibit D.R.I. Memo and Order (2/12/2014)

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Feb. 14, 2014 PACER
33

Motion to Supplement Reply on Summary Judgment. Filed by Clackamas County. (Ciecko, Scott) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
34

Memorandum in Support . Filed by Clackamas County. (Related document(s): Motion to Supplement 33 .) (Ciecko, Scott) (Entered: 02/19/2014)

Feb. 19, 2014 PACER
35

ORDER: Granting Defendant's Unopposed Motion to Allow Filing of Supplemental Reply 33 . Ordered by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 02/20/2014)

Feb. 20, 2014 PACER
36

Scheduling Order by Magistrate Judge Janice M. Stewart. Defendant's supplemental reply is due by 2/27/2014. Regarding Motions for Summary Judgment 17, 23 . (jlr) (Entered: 02/20/2014)

Feb. 20, 2014 PACER
37

Supplemental Reply on Summary Judgment 17, 23 . Filed by Clackamas County. (Ciecko, Scott) Modified text and link on 2/28/2014 (sss). (Entered: 02/27/2014)

Feb. 27, 2014 PACER
38

Unopposed Motion for Leave to File Response to Defendant's Supplemental Reply. Filed by All Plaintiffs. (Attachments: # 1 Attachment Proposed Response) (Henretty, David) (Entered: 03/03/2014)

1 Attachment Proposed Response

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March 3, 2014 PACER
39

ORDER: Granting Plaintiff's Unopposed Motion for Leave to File Response to Defendant's Supplemental Reply 38 . Response is due by 3/10/14. Ordered by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 03/04/2014)

March 4, 2014 PACER
40

Response to Defendant's Supplemental Reply 37 . Filed by All Plaintiffs. (Related document(s): Motion for Leave 38 .) (Henretty, David) Modified text and added link on 3/5/2014 (sss). (Entered: 03/04/2014)

March 4, 2014 PACER
41

Notice re Motion for Partial Summary Judgment 23 of Additional Supplemental Authority Filed by All Plaintiffs (Related document(s): Motion for Partial Summary Judgment 23 .) (Attachments: # 1 Attachment Galarza v. Szalczyk, 2012 U.S. Dist. LEXIS 47023, No. 12-3991, slip op. (3d Cir. March 4, 2014)) (Henretty, David) (Entered: 03/04/2014)

1 Attachment Galarza v. Szalczyk, 2012 U.S. Dist. LEXIS 47023, No. 12-3991, slip o

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March 4, 2014 PACER
42

OPINION AND ORDER: Granting in Part and Denying in Part Defendant's Motion for Summary Judgment 17 ; Granting in Part and Denying in Part Plaintiff's Motion for Partial Summary Judgment 23 ). Signed on 4/11/2014 by Magistrate Judge Janice M. Stewart. (ST) (Entered: 04/11/2014)

April 11, 2014 RECAP
43

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Scheduling Conference for Thursday, 5/8/2014 at 09:30AM before Magistrate Judge Janice M. Stewart. Court staff will initiate the call to counsel. (jlr) (Entered: 04/14/2014)

April 14, 2014 PACER
44

MINUTES of Proceedings: TELEPHONE Scheduling Conference. Magistrate Judge Janice M. Stewart presiding. ORDER: Striking all case deadlines and setting the following new case schedule. Pretrial Order waived. Pretrial Documents are due by 9/24/2014; objections are due by 10/1/2014. Pretrial Conference is set for 10/8/2014 at 09:30AM before Magistrate Judge Janice M. Stewart. A 2-day Jury Trial is set for 10/15/2014 at 09:00AM in Portland Courtroom 11A before Magistrate Judge Janice M. Stewart. Jury Trial Management Order to follow. David R. Henretty present as counsel for plaintiff. Scott C. Ciecko present as counsel for defendant. Tape No: N/A. (st3) (Entered: 05/08/2014)

May 8, 2014 PACER
45

Jury Trial Management Order. Signed on 5/8/14 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 05/08/2014)

May 8, 2014 PACER
46

Notice of Change of Address. Filed by Maria Miranda-Olivares (Henretty, David) (Entered: 05/20/2014)

May 20, 2014 PACER
47

Motion to Withdraw As Counsel for Plaintiff. Filed by Maria Miranda-Olivares. (Henretty, David) (Entered: 05/21/2014)

May 21, 2014 RECAP
48

Declaration of David Henretty in Support of Motion to Withdraw As Counsel for Plaintiff. Filed by Maria Miranda-Olivares. (Related document(s): Motion to Withdraw 47 .) (Henretty, David) (Entered: 05/21/2014)

May 21, 2014 RECAP
49

Certificate of Service by Maria Miranda-Olivares of Motion to Withdraw As Counsel for Plaintiff 47 Filed by Maria Miranda-Olivares. (Henretty, David) (Entered: 05/21/2014)

May 21, 2014 PACER
50

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Motion to Withdraw As Counsel for Plaintiff 47 to be taken under advisement on 6/9/2014. (jlr) (Entered: 05/23/2014)

May 23, 2014 PACER
51

Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Scheduling Order 50 . (jlr) (Entered: 05/23/2014)

May 23, 2014 PACER
52

ORDER: Granting Motion for Leave to Withdraw a Counsel for Plaintiff 47 . Signed on 6/9/14 by Magistrate Judge Janice M. Stewart. (ST) Modified on 6/10/2014 to indicate this is a paperless order. (jlr). (Entered: 06/09/2014)

June 9, 2014 PACER
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Clerk's Notice of Mailing to Maria Miranda-Olivares of Order on Motion to Withdraw 52 . (jlr) (Entered: 06/10/2014)

June 10, 2014 PACER
54

Notice To Self-Represented Litigants. Signed by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 06/10/2014)

June 10, 2014 PACER
55

Clerk's Notice of Mailing to Maria Miranda-Olivares of Notice 54 . (jlr) (Entered: 06/10/2014)

June 10, 2014 PACER
56

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE STATUS CONFERENCE for Wednesday, 9/10/2014 at 2:00PM before Magistrate Judge Janice M. Stewart regarding the 10/8/14 Pretrial Conference and the Trial which is currently set 10/15/14. Court staff will initiate the call to the parties. (jlr) (Entered: 08/29/2014)

Aug. 29, 2014 PACER
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Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Scheduling Order, 56 . (jlr) (Entered: 08/29/2014)

Aug. 29, 2014 PACER
58

MINUTES of Proceedings: TELEPHONE Status Conference. Magistrate Judge Janice M. Stewart presiding. ORDER: Jury Trial Management Order 45 is WITHDRAWN and the following new case deadlines are set. Proposed voir dire, jury instructions, verdict form, and other pretrial submissions are due by 10/3/2014. The dates for the Pretrial Conference (10/8/14) and Jury Trial (10/15/14) remain unchanged. Maria Miranda-Olivares (pro se) present. Scott C. Ciecko present as counsel for defendants. Tape No: N/A. (st3) (Entered: 09/10/2014)

Sept. 10, 2014 PACER
59

Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Status Conference, Set/Reset Schedules 58 . (jlr) (Entered: 09/10/2014)

Sept. 10, 2014 PACER
60

Scheduling Order by Magistrate Judge John Jelderks. A Settlement Conference is set for Wednesday, 10/1/2014 at 10:00AM in Portland Courtroom 12B before Magistrate Judge John Jelderks. Further instructions and requirements of Judge Jelderks regarding the conducting of this settlement conference will be sent by separate letter. (jlr) (Entered: 09/11/2014)

Sept. 11, 2014 PACER
61

Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Scheduling Order, 60 . (jlr) (Entered: 09/11/2014)

Sept. 11, 2014 PACER
62

Motion Pretrial Motions. Filed by Clackamas County. (Ciecko, Scott) (Entered: 09/25/2014)

Sept. 25, 2014 PACER
63

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING Defendant's Motion Pretrial Motions 62 to be taken under advisement on 10/3/2014. (jlr) (Entered: 09/26/2014)

Sept. 26, 2014 PACER
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Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Scheduling Order 63 . (jlr) (Entered: 09/26/2014)

Sept. 26, 2014 PACER
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MINUTES of Proceedings: Settlement Conference held. Maria Miranda-Olivares, pro se, present as plaintiff(s). Scott Ciecko present as counsel for defendant(s). Magistrate Judge John Jelderks presiding. (sm) (Entered: 10/01/2014)

Oct. 1, 2014 PACER
66

Witness List and Exhibit List. Filed by Clackamas County. (Ciecko, Scott) (Entered: 10/02/2014)

Oct. 2, 2014 PACER
67

Proposed Jury Instructions . Filed by Clackamas County. (Ciecko, Scott) (Entered: 10/02/2014)

Oct. 2, 2014 PACER
68

Proposed Jury Verdict Form. Filed by Clackamas County. (Ciecko, Scott) (Entered: 10/02/2014)

Oct. 2, 2014 PACER
69

Proposed Voir Dire Questions. Filed by Clackamas County. (Ciecko, Scott) (Entered: 10/02/2014)

Oct. 2, 2014 PACER
70

Clerk's Notice of Mailing Minutes of Settlement Conference 65 to Maria Miranda-Olivares. (pvh) (Entered: 10/02/2014)

Oct. 2, 2014 PACER
71

MINUTES of Proceedings: Magistrate Judge Janice M. Stewart presiding. Pretrial Conference held. ORDER: Granting Pretrial Motions 62 . See attachment for full text of minutes. Maria Miranda-Olivares (pro se) present. Scott C. Ciecko present as counsel for defendant. Court Reporter: Jill Erwin. (st3) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
72

Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Order on Motion 71, Pretrial Conference. (jlr) (Entered: 10/08/2014)

Oct. 8, 2014 PACER
73

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Conference for Tuesday, 10/14/2014 at 02:00PM before Magistrate Judge Janice M. Stewart to discuss plaintiff's email request for postponement of the 10/15/14 jury trial. Court staff will initiate the call to counsel. (jlr) (Entered: 10/14/2014)

Oct. 14, 2014 PACER
74

Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Scheduling Order 73 . (jlr) (Entered: 10/14/2014)

Oct. 14, 2014 PACER
75

MINUTES of Proceedings: TELEPHONE Status Conference. Magistrate Judge Janice M. Stewart presiding. ORDER: A 2-day Jury Trial is reset for 11/24/2014 at 09:00AM in Portland Courtroom 11A before Magistrate Judge Janice M. Stewart. Maria Miranda-Olivares (pro se) present. Scott C. Ciecko present as counsel for defendant. Tape No: N/A. (st3) Modified on 10/14/2014 to reflect this was a TELEPHONE conference. (jlr). (Entered: 10/14/2014)

Oct. 14, 2014 PACER
76

Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Telephone Status Conference 75 . (jlr) (Entered: 10/14/2014)

Oct. 14, 2014 PACER
77

Motion to Modify Subpoena. Filed by U.S. Immigrations and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Cox, James) (Entered: 10/30/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Oct. 30, 2014 PACER
78

ORDER: Granting in Part Denying in Part United States ICE's Motion to Modify Trial Subpoena 77 . The ICE witness must appear and testify at trial, but the scope of testimony is limited (on both direct and cross-examination) to the acts upon which Defendant has agreed to limit testimony. Ordered by Magistrate Judge Janice M. Stewart. (ST) (Entered: 10/30/2014)

Oct. 30, 2014 PACER
79

Clerk's Notice of Mailing to Maria Miranda-Olivares regarding Order on Motion - Miscellaneous, 78 . (jlr) (Entered: 10/30/2014)

Oct. 30, 2014 PACER
80

Notice of Appearance of Benjamin Wright Haile appearing on behalf of Maria Miranda-Olivares Filed by on behalf of Maria Miranda-Olivares (Haile, Benjamin) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
81

Motion for Extension of Time . Filed by Maria Miranda-Olivares. (Haile, Benjamin) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
82

Declaration of Benjamin Haile . Filed by Maria Miranda-Olivares. (Related document(s): Motion for Extension of Time 81 .) (Haile, Benjamin) (Entered: 11/12/2014)

Nov. 12, 2014 PACER
83

Scheduling Order by Magistrate Judge Janice M. Stewart regarding Motion for Extension of Time 81 . A TELEPHONE Conference is set for Monday, 11/17/2014 at 11:00AM before Magistrate Judge Janice M. Stewart. Court staff will initiate the call to counsel. (jlr) (Entered: 11/13/2014)

Nov. 13, 2014 PACER
84

Response to Motion for Extension of Time 81 . Filed by Clackamas County. (Ciecko, Scott) (Entered: 11/13/2014)

Nov. 13, 2014 PACER
85

MINUTES of Proceedings: TELEPHONE Scheduling Conference regarding Motion for Extension of Time 81 . Magistrate Judge Janice M. Stewart presiding. ORDER: Granting Motion for Extension of Time 81 and striking the 11/24/2014 trial. A 2-3 day Jury Trial is set for 5/5/2015 at 09:30AM in Portland Courtroom 11A before Magistrate Judge Janice M. Stewart. Pretrial Documents are due by 3/20/2015; objections are due by 3/27/2015. Pretrial Conference is set for 3/31/2015 at 09:30AM before Magistrate Judge Janice M. Stewart. An amended Jury Trial Management Order to follow. Benjamin Wright Haile present as counsel for plaintiff. Scott C. Ciecko present as counsel for defendant. (Tape #N/A.) (st3) (Entered: 11/17/2014)

Nov. 17, 2014 PACER
86

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Pretrial Conference held on October 8, 2014, before Judge Janice M. Stewart, Court Reporter Jill L. Erwin, telephone number (503)326-8191. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the court reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/1/2014. Redaction Request due 12/11/2014. Redacted Transcript Deadline set for 12/22/2014. Release of Transcript Restriction set for 2/20/2015. (Erwin, Jill) (Entered: 11/17/2014)

Nov. 17, 2014 PACER
87

Trial Management Order. As defendant has already filed pretrial documents, defendant need only submit supplemental documents by the deadlines indicated in the attached order. Signed on 11/17/14 by Magistrate Judge Janice M. Stewart. (jlr) (Entered: 11/18/2014)

Nov. 17, 2014 PACER
88

Scheduling Order by Magistrate Judge Janice M. Stewart. Joint Statement of Trial Issues in lieu of a Pretrial Order is due by 3/20/2015. (jlr) (Entered: 02/23/2015)

Feb. 23, 2015 PACER
89

Notice of Appearance of Francie J. Nevill appearing on behalf of Maria Miranda-Olivares Filed by on behalf of Maria Miranda-Olivares (Nevill, Francie) (Entered: 02/24/2015)

Feb. 24, 2015 PACER
90

Scheduling Order by Magistrate Judge Janice M. Stewart: SETTING a TELEPHONE Conference regarding the Pretrial Conference date for Wednesday, 3/25/2015 at 11:00AM before Magistrate Judge Janice M. Stewart. Court staff will initiate the call to counsel. (jlr) (Entered: 03/18/2015)

March 18, 2015 PACER
91

Joint Proposed Pretrial Order Lodged (Joint Statement of Triable Issues filed in lieu). Filed by Clackamas County. (Ciecko, Scott) (Entered: 03/19/2015)

March 19, 2015 RECAP
92

Trial Memorandum . Filed by Clackamas County. (Ciecko, Scott) (Entered: 03/19/2015)

March 19, 2015 PACER
93

Supplemental Motion in limine . Filed by Clackamas County. (Attachments: # 1 Exhibit, # 2 Exhibit) (Ciecko, Scott) (Entered: 03/19/2015)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

March 19, 2015 PACER
94

Declaration of Scott Ciecko . Filed by Clackamas County. (Related document(s): Motion in Limine 93 .) (Ciecko, Scott) (Entered: 03/19/2015)

March 19, 2015 PACER
95

Supplemental Proposed Jury Instructions . Filed by Clackamas County. (Ciecko, Scott) (Entered: 03/19/2015)

March 19, 2015 PACER
96

Witness List . Filed by Maria Miranda-Olivares. (Haile, Benjamin) (Entered: 03/20/2015)

March 20, 2015 PACER
97

Voir Dire . Filed by Maria Miranda-Olivares. (Haile, Benjamin) (Entered: 03/20/2015)

March 20, 2015 PACER
98

Motion in limine . Filed by Maria Miranda-Olivares. (Haile, Benjamin) (Entered: 03/20/2015)

March 20, 2015 PACER
99

Proposed Jury Instructions . Filed by Maria Miranda-Olivares. (Haile, Benjamin) (Entered: 03/20/2015)

March 20, 2015 PACER
100

Proposed Jury Verdict Form. Filed by Maria Miranda-Olivares. (Haile, Benjamin) (Entered: 03/20/2015)

March 20, 2015 PACER

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 21, 2012

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prisoner in Oregon whose continued detention in county jail was based solely on a detainer order issued by ICE.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Clackamas County (Clackamas), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $127,473.14

Issues

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Immigration/Border:

Detention - criteria

Detention - procedures