Case: Vargas Ramirez v. United States

2:13-cv-02325 | U.S. District Court for the Western District of Washington

Filed Date: Dec. 27, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On December 27, 2013, a Latino individual filed this lawsuit in the United States District Court in the Western District of Washington. He sued under the Federal Tort Claims Act against the United States of America, specifically the United States Border Patrol (USBP) and the Anacortes Police Department (APD) in Anacortes, WA. The plaintiff, represented by the Northwest Immigrant Rights Project, asked the court for compensatory damages and attorney fees on the basis of five claims: false arrest,…

On December 27, 2013, a Latino individual filed this lawsuit in the United States District Court in the Western District of Washington. He sued under the Federal Tort Claims Act against the United States of America, specifically the United States Border Patrol (USBP) and the Anacortes Police Department (APD) in Anacortes, WA. The plaintiff, represented by the Northwest Immigrant Rights Project, asked the court for compensatory damages and attorney fees on the basis of five claims: false arrest, false imprisonment, negligent infliction of emotional distress, intentional infliction of emotional distress, and abuse of process. Specifically, the plaintiff claimed that that the APD improperly took him into custody during a routine traffic stop when they suspected that he was not in the country legally.

On March 23, 2015, Judge James L. Robart granted summary judgment partially in favor of the plaintiff and partially in favor of the government. On the counts of false arrest and false imprisonment, Judge Robart determined that the police acted outside their authority when they initially took the plaintiff into custody, but that later, after the plaintiff admitted that he was in the country illegally, it was proper to place him in a detention center. On the other three counts, Judge Robart granted summary judgment to the government.

Shortly after, the parties reached a settlement agreement of $10,000. The plaintiff further recovered $8,500 from the Anacortes Police Department in a separate complaint. As a result, on March 31, 2015, the court dismissed the remaining claims and closed the case.

Summary Authors

Allison Hight (10/5/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5259648/parties/vargas-ramirez-v-united-states/


Judge(s)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Hawkins, Mary Elizabeth (Washington)

Madrid, Glenda Melinda Aldana (Washington)

Attorneys(s) for Defendant

Cohen, Rebecca Shapiro (Washington)

Johnson, Kristin Berger (Washington)

Judge(s)

Robart, James L. (Washington)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Hawkins, Mary Elizabeth (Washington)

Madrid, Glenda Melinda Aldana (Washington)

Attorneys(s) for Defendant

Cohen, Rebecca Shapiro (Washington)

Johnson, Kristin Berger (Washington)

Documents in the Clearinghouse

Document

2:13-cv-02325

Docket

March 31, 2015

March 31, 2015

Docket
1

2:13-cv-02325

Complaint

Dec. 27, 2013

Dec. 27, 2013

Complaint
26

2:13-cv-02325

Order on Motion to Dismiss or For Summary Judgment

Vargas Ramirez v. United States of America

2014 WL 3694274

July 23, 2014

July 23, 2014

Order/Opinion
47

2:13-cv-02325

Order of Dismissal

Vargas Ramirez v. United States of America

March 21, 2015

March 21, 2015

Order/Opinion
46

2:13-cv-02325

Order on Cross Motions for Summary Judgment

93 F.Supp.3d 1207

March 23, 2015

March 23, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5259648/vargas-ramirez-v-united-states/

Last updated Aug. 4, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against defendant(s) UNITED STATES (Receipt # 0981-3460400), filed by Gustavo Vargas Ramirez. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Adams, Matt) (Entered: 12/27/2013)

1 Exhibit

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2 Civil Cover Sheet

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3 Summons

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Dec. 27, 2013

Dec. 27, 2013

PACER

NOTICE to Filer: SIGNATURE IMPROPER: The Complaint was improperly signed by Glenda Aldana Madrid. Pursuant to FRCP Rule 11 and LCR 5(d), signatures must comply with Section III(L) of the Electronic Filing Procedures, which states, "An electronically filed pleading or other document which requires an attorney's signature, must have the signors' name printed or typed on the line and under all signature lines." You do not have to re-file this document, but please be sure all future documents are properly signed. Thank you.(DJ)

Dec. 30, 2013

Dec. 30, 2013

PACER

Hon. Mary Alice Theiler added. (DJ)

Dec. 30, 2013

Dec. 30, 2013

PACER
2

Summons electronically issued as to defendant(s) United States of America. (DJ) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
3

NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 2/10/2014. Please Note: Forms must not be electronically filed with the Court. (DJ) (Entered: 12/30/2013)

Dec. 30, 2013

Dec. 30, 2013

PACER
4

ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. Joint Status Report due by 2/18/2014, FRCP 26f Conference Deadline is 2/3/2014, Initial Disclosure Deadline is 2/10/2014, by Hon. Mary Alice Theiler. (JT) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

PACER
5

NOTICE of Appearance by attorney Rebecca Shapiro Cohen on behalf of Defendant United States of America. (Cohen, Rebecca) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
6

STIPULATION AND PROPOSED ORDER Extending Initial Deadlines by parties. (Cohen, Rebecca) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
7

AFFIDAVIT of Mailing of Summons and Complaint to U.S. Attorney's Office for the Western District of Washington, U.S. Attorney General, and Department of Homeland Security Office of the General Counsel on 1/2/2014, filed by Plaintiff Gustavo Vargas Ramirez. (Aldana Madrid, Glenda) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
8

MINUTE ORDER REASSIGNING CASE by William M. McCool. Case reassigned to Judge James L. Robart for all further proceedings. Hon. Mary Alice Theiler no longer assigned to case. Cc to JLR. (JT) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
9

STIPULATION AND ORDER re 6 Stipulation extending Initial deadlines filed by United States of America. FRCP 26f Conference Deadline is 2/18/2014, Initial Disclosure Deadline is 2/24/2014, Joint Status Report due by 3/4/2014, by Judge James L. Robart. (MD) (Entered: 02/05/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
10

NOTICE of Appearance by attorney Kristin Berger Johnson on behalf of Defendant United States of America. (Johnson, Kristin) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
11

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Rebecca Shapiro Cohen for Defendant United States of America. (Johnson, Kristin) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
12

JOINT STATUS REPORT signed by all parties estimated Trial Days: 2-4. Filed by Defendant United States of America.(Johnson, Kristin) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
13

MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES, AND DESIGNATING CASE FOR MEDIATION; Length of Trial: *3 days*. Mediation shall be completed no later than thirty (30) days prior to the trial date. Bench Trial is set for 4/6/2015 at 01:30 PM in Courtroom 14106 before Judge James L. Robart. Joinder of Parties due by 5/1/2014, Amended Pleadings due by 10/8/2014, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 10/8/2014, Motions due by 11/7/2014, Discovery completed by 12/8/2014, Dispositive motions due by 1/6/2015, Settlement conference to be held by 2/5/2015, 39.1 mediation to be completed by 3/9/2015, Motions in Limine due by 2/23/2015, Pretrial Order due by 3/18/2015, Pretrial Conference set for 3/23/2015 at 02:00 PM in Courtroom 14106 before Judge James L. Robart. Trial briefs to be submitted by 3/30/2015, Proposed Findings of Fact and Conclusions of Law to be submitted by 3/30/2015, by Judge James L. Robart. (CC) (Entered: 02/28/2014)

Feb. 28, 2014

Feb. 28, 2014

PACER
14

ANSWER to 1 Complaint by United States of America.(Johnson, Kristin) (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

PACER
15

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND/OR SUMMARY JUDGMENT by Defendant United States of America. (Attachments: # 1 Exhibit A) Noting Date 6/20/2014, (Johnson, Kristin) (Entered: 05/29/2014)

1 Exhibit A

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May 29, 2014

May 29, 2014

PACER
16

DECLARATION of Russell Wynn filed by Defendant United States of America re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND/OR SUMMARY JUDGMENT (Johnson, Kristin) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
17

DECLARATION of John M. Orr filed by Defendant United States of America re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND/OR SUMMARY JUDGMENT (Johnson, Kristin) (Entered: 05/29/2014)

May 29, 2014

May 29, 2014

PACER
18

PROPOSED ORDER (Unsigned) re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND/OR SUMMARY JUDGMENT (Johnson, Kristin) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
19

RESPONSE, by Plaintiff Gustavo Vargas Ramirez, to 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND/OR SUMMARY JUDGMENT. Oral Argument Requested. (Adams, Matt) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
20

NOTICE of Compliance Certificate of Service re 19 Response to Motion, by Plaintiff Gustavo Vargas Ramirez. (Adams, Matt) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PACER
21

REPLY, filed by Defendant United States of America, TO RESPONSE to 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND/OR SUMMARY JUDGMENT (Johnson, Kristin) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

PACER
22

NOTICE OF INTENT TO FILE A SURREPLY TO DEFENDANTS REPLY ; filed by Plaintiff Gustavo Vargas Ramirez. (Aldana Madrid, Glenda) (Entered: 06/23/2014)

June 23, 2014

June 23, 2014

PACER
23

SURREPLY filed by Plaintiff Gustavo Vargas Ramirez re 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND/OR SUMMARY JUDGMENT (Adams, Matt) (Entered: 06/25/2014)

June 25, 2014

June 25, 2014

PACER
24

MINUTE ORDER Setting Hearing on govt's 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND/OR SUMMARY JUDGMENT : Motion Hearing set for 7/18/2014 at 10:00 AM by Judge James L. Robart. (RS) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
25

MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Matt Adams, Glenda Madrid, Elizabeth Hawkins; Def Counsel: Kristin Johnson; CR: Kari McGrath; Motion Hearing held on 7/18/2014. The court hears from counsel re: the Motion to Dismiss, Dkt. #15. The court takes the matter under advisement.(CC) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
26

ORDER Denying United States' 15 Motion to Dismiss for Failure to State a Claim by Judge James L. Robart.(LMK) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

RECAP
27

STIPULATION Protective Order by parties (Aldana Madrid, Glenda) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
28

ORDER - Court Denies re 27 Stipulation for entry of their agreed protective order filed by Gustavo Vargas Ramirez, by Judge James L. Robart. (MD) (Entered: 09/11/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
29

STIPULATION AND PROPOSED ORDER (Proposed Stipulated Protective Order) by parties (Attachments: # 1 Exhibit Redline Version of Proposed Stipulated Protective Order)(Aldana Madrid, Glenda) (Entered: 09/11/2014)

1 Exhibit Redline Version of Proposed Stipulated Protective Order

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Sept. 11, 2014

Sept. 11, 2014

PACER
30

STIULATED PROTECTIVE ORDER by Judge James L. Robart. (MD) (Entered: 09/11/2014)

Sept. 11, 2014

Sept. 11, 2014

PACER
31

STIPULATION AND PROPOSED ORDER EXTENDING DEADLINES by parties (Johnson, Kristin) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
32

STIPULATION AND ORDER re 31 Stipulation and order extending deadlines filed by United States of America. Discovery completed by 1/8/2015, Dispositive motions due by 1/15/2015, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 11/8/2014, by Judge James L. Robart. (MD) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
34

MOTION FILED UNDER SEAL PER PROTECTIVE ORDER- MOTION for Summary Judgment by Defendant United States of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 FILED UNDER SEAL PER PROTECTIVE ORDER Exhibit E, # 6 Exhibit F, # 7 Proposed Order) Noting Date 2/6/2015, (Johnson, Kristin) Modified on 1/26/2015 - USA called and stated that the motion and exhibit E to be sealed per Protective Order. The other exhibits are not sealed(MD). (Entered: 01/15/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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6 Exhibit F

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7 Proposed Order

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Jan. 15, 2015

Jan. 15, 2015

PACER
35

MOTION for Partial Summary Judgment by Plaintiff Gustavo Vargas Ramirez. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 2/6/2015, (Adams, Matt) (Entered: 01/15/2015)

1 Proposed Order

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Jan. 15, 2015

Jan. 15, 2015

PACER
36

DECLARATION of Glenda M. Aldana Madrid filed by Plaintiff Gustavo Vargas Ramirez re 35 MOTION for Partial Summary Judgment (Attachments: # 1 Exhibit)(Adams, Matt) (Entered: 01/15/2015)

1 Exhibit

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Jan. 15, 2015

Jan. 15, 2015

PACER
37

REDACTION to 34 MOTION for Summary Judgment by Defendant United States of America (Attachments: # 1 Exhibit E (Redacted))(Johnson, Kristin) (Entered: 01/26/2015)

1 Exhibit E (Redacted)

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Jan. 26, 2015

Jan. 26, 2015

PACER
38

RESPONSE, by Defendant United States of America, to 35 MOTION for Partial Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Johnson, Kristin) (Entered: 02/02/2015)

1 Exhibit A

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2 Exhibit B

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Feb. 2, 2015

Feb. 2, 2015

PACER
39

RESPONSE, by Plaintiff Gustavo Vargas Ramirez, to 34 MOTION for Summary Judgment . (Aldana Madrid, Glenda) (Entered: 02/02/2015)

Feb. 2, 2015

Feb. 2, 2015

PACER
40

REPLY, filed by Defendant United States of America, TO RESPONSE to 34 MOTION for Summary Judgment (Johnson, Kristin) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER
41

REPLY, filed by Plaintiff Gustavo Vargas Ramirez, TO RESPONSE to 35 MOTION for Partial Summary Judgment (Adams, Matt) (Entered: 02/06/2015)

Feb. 6, 2015

Feb. 6, 2015

PACER

Set/Reset Hearings: Oral argument on the pending motions, (Dkt. ##34,35), is scheduled Wednesday, March 18, 2015 at 4:00 p.m. before Judge James L. Robart. (CC)

March 10, 2015

March 10, 2015

PACER

Set/Reset Hearings: Oral argument scheduled Wednesday, March 18, 2015 at 4:00 p.m. is rescheduled for 2:00 p.m.(CC)

March 17, 2015

March 17, 2015

PACER

Set/Reset Hearings: Pretrial Conference scheduled Monday, March 23, 2015 at 2:00 p.m. is rescheduled for 10:30 a.m. before Judge James L. Robart. (CC)

March 17, 2015

March 17, 2015

PACER
42

MINUTE ENTRY for proceedings held before Judge James L. Robart- Dep Clerk: Casey Condon; Pla Counsel: Glenda Madrid; Def Counsel: Kristin Johnson; CR: Nickie Drury; Motion Hearing held on 3/18/2015. The court hears argument from counsel on the pending motions. The court will allow counsel for plaintiff to submit a motion to seal and the unredacted motion for partial summary judgment. (CC) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
43

NOTICE of Stricken Heairng - The Pretrial Conference scheduled Monday, March 23, 2015 is stricken. (CC) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
44

MOTION for Partial Summary Judgment by Plaintiff Gustavo Vargas Ramirez. Oral Argument Requested. (Attachments: # 1 Exhibit, # 2 Proposed Order) Noting Date 2/6/2015, (Aldana Madrid, Glenda) (Entered: 03/19/2015)

1 Exhibit

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2 Proposed Order

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March 19, 2015

March 19, 2015

PACER
45

ORDER REGARDING EVIDENTIARY HEARING: Evidentiary Hearing set for 4/6/2015 at 11:00 AM before Judge James L. Robart. Parties shall exchange witness and exhibits lists by 3/27/2015, Proposed Findings of Fact and Conclusions of Law to be submitted by 4/2/2015, by Judge James L. Robart. (MD) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
46

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT - granting in part and denying in part 34 United States' Motion for Summary Judgment; striking 35 Redacted version of Mr. Vargas' Motion for Partial Summary Judgment; granting in part and denying in part 44 Mr. Vargas' Motion for Partial Summary Judgment by Judge James L. Robart.(MD) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

RECAP
47

ORDER OF DISMISSAL: Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 60 days of the date of this order. Any trial date and pretrial dates previously set are hereby VACATED. Signed by Judge James L. Robart. (CC) (Entered: 03/31/2015)

March 31, 2015

March 31, 2015

PACER

Case Details

State / Territory: Washington

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 27, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Latino male from Mexico.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Border Patrol, Federal

Anacortes Police Department, City

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Availably Documents:

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

Damages

Source of Relief:

Settlement

Amount Defendant Pays: $10,000

Order Duration: 2015 - None

Issues

General:

False arrest

Placement in detention facilities

Racial profiling

Discrimination-basis:

Immigration status

Affected Gender:

Male

Language:

Spanish

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Detention - criteria

Detention - procedures

Employment

National Origin/Ethnicity:

Hispanic