Case: Pineda Cruz v. Thompson

5:15-cv-00326 | U.S. District Court for the Western District of Texas

Filed Date: April 23, 2015

Closed Date: 2015

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Case Summary

On April 23, 2014, hunger-strike protesters at a family detention center filed this class-action lawsuit in the United States District Court for the Western District of Texas. The plaintiffs sued under 42 U.S.C. § 1983 against U.S. Immigration and Customs Enforcement (ICE), the Department of Homeland Security and the GEO Group, Inc, a subcontractor of the Karnes County Residential Center in Karnes City, Texas. The plaintiffs, represented by public interest counsel, claim that the defendants violated their First Amendment Right to freedom of expression by discriminating against them. Specifically, the plaintiffs claimed that they suffered and continue to suffer injury, including chilling effects, as a result of the defendants' interrogation and isolation the plaintiffs because of their participation in various hunger strikes protesting their detention.

In March 2014, eighty mothers awaiting asylum proceedings with their children protested the inadequate and intolerable living conditions of the detention center by participating in a hunger strike. The mothers continued feeding their children. Many of the participants, along with their children, were subsequently isolated and interrogated by ICE officials and GEO agents. Many were fired from their jobs in the detention center which had previously allowed them to pay for food from the commissary to continue feeding their children. ICE officials did not respond to the signed petition and many of the participants discontinued their protest as a result of these actions described.

The plaintiffs moved for a temporary restraining order and a preliminary injunction on April 29, 2015, but the court denied their motion on May 8, 2015. On June 1, 2015 the District Court (Judge Xavier Rodriguez) scheduled a bench trial for June 6, 2016. Subsequently, the defendants moved for dismissal on the grounds of lack of jurisdiction and failure to state a claim.

However, on September 9, 2015, the plaintiffs informed the court that they were voluntarily dismissing the case under Fed. R. Civ. P. 41(a). This case is now closed.

	Document
5:15-cv-00326	Docket [PACER] Cruz v. Thompson	June 10, 2015	June 10, 2015 Docket
1 5:15-cv-00326	Class Action Complaint Cruz v. Thompson	April 23, 2015	April 23, 2015 Complaint

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT ( Filing fee $ 400 receipt number 0542-7391696), filed by Lilian Castillo Rosado, Polyane Soares de Oliveira dos Santos, Delmy Pineda Cruz. (Attachments: # 1 Civil Cover Sheet)(Trigilio, Trisha) (Entered: 04/23/2015) 1 Civil Cover Sheet View on PACER	April 23, 2015	April 23, 2015 PACER
	Case Assigned to Judge Xavier Rodriguez. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rf)	April 23, 2015	April 23, 2015 PACER
	If ordered by the court, all referrals will be assigned to Magistrate Judge Primomo (rf)	April 23, 2015	April 23, 2015 PACER
2	REQUEST FOR ISSUANCE OF SUMMONS by Lilian Castillo Rosado, Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos. Request for issuance of summons as to Defendants Rose Thompson, Juanita Hester, Enrique Lucero, Sarah Saldana, Jeh Johnson, and The GEO Group, Inc. (Trigilio, Trisha) (Entered: 04/23/2015)	April 23, 2015	April 23, 2015 PACER
3	Summons Issued as to Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana, The GEO Group, Inc., Rose Thompson. (wg) (Entered: 04/27/2015)	April 27, 2015	April 27, 2015 PACER
4	MOTION for Leave to Exceed Page Limitation by Lilian Castillo Rosado, Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos. (Attachments: # 1 Motion for Temporary Restraining Order and Preliminary Injunction, # 2 Ex. A to Motion for Temporary Restraining Order and Preliminary Injunction, # 3 Ex. B, # 4 Ex. C, # 5 Ex. D, # 6 Ex. E, # 7 Ex. F, # 8 Ex. G, # 9 Ex. H, # 10 Ex. I, # 11 Ex. J, # 12 Ex. K, # 13 Ex. L, # 14 Ex. M, # 15 Ex. N, # 16 Ex. O, # 17 Ex. P, # 18 Ex. Q, # 19 Ex. R, # 20 Ex. S, # 21 Ex. T, # 22 Ex. U)(Trigilio, Trisha) (Entered: 04/29/2015) 1 Motion for Temporary Restraining Order and Preliminary Injunction View on PACER 2 Ex. A to Motion for Temporary Restraining Order and Preliminary Injunction View on PACER 3 Ex. B View on PACER 4 Ex. C View on PACER 5 Ex. D View on RECAP 6 Ex. E View on PACER 7 Ex. F View on PACER 8 Ex. G View on PACER 9 Ex. H View on PACER 10 Ex. I View on PACER 11 Ex. J View on PACER 12 Ex. K View on PACER 13 Ex. L View on PACER 14 Ex. M View on PACER 15 Ex. N View on PACER 16 Ex. O View on PACER 17 Ex. P View on PACER 18 Ex. Q View on PACER 19 Ex. R View on PACER 20 Ex. S View on PACER 21 Ex. T View on PACER 22 Ex. U View on PACER	April 29, 2015	April 29, 2015 PACER
	Text Order GRANTING 4 Motion for Leave to File Excess Pages entered by Judge Xavier Rodriguez. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lel)	April 29, 2015	April 29, 2015 PACER
5	PLAINTIFF'S MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Lilian Castillo Rosado, Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U)(wg) (Entered: 04/29/2015) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER 14 Exhibit N View on PACER 15 Exhibit O View on PACER 16 Exhibit P View on PACER 17 Exhibit Q View on PACER 18 Exhibit R View on PACER 19 Exhibit S View on PACER 20 Exhibit T View on PACER 21 Exhibit U View on PACER	April 29, 2015	April 29, 2015 RECAP
6	ORDER re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Delmy Pineda Cruz, Lilian Castillo Rosado, Polyane Soares de Oliveira dos Santos, ( Motion Hearing set for 5/7/2015 10:30 AM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 04/29/2015)	April 29, 2015	April 29, 2015 PACER
7	Opposed MOTION to Certify Class by Lilian Castillo Rosado, Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos. (Attachments: # 1 Brief In Support of Opposed Motion for Class Certification, # 2 Exhibit A-H)(Maldonado, Javier) (Entered: 04/29/2015) 1 Brief In Support of Opposed Motion for Class Certification View on PACER 2 Exhibit A-H View on RECAP	April 29, 2015	April 29, 2015 PACER
8	REQUEST FOR ISSUANCE OF SUMMONS by Lilian Castillo Rosado, Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos. (Maldonado, Javier) (Entered: 04/29/2015)	April 29, 2015	April 29, 2015 PACER
9	Summons Issued as to Juanita Hester, Jeh Johnson, Enrique Lucero, U.S. Attorney and U.S. Attorney General & AUSA Richard Durbin) (wg) (Entered: 04/30/2015)	April 30, 2015	April 30, 2015 PACER
10	SUMMONS Returned Executed by Lilian Castillo Rosado, Polyane Soares de Oliveira dos Santos, Delmy Pineda Cruz. Juanita Hester served on 4/30/2015, answer due 6/30/2015; Jeh Johnson served on 4/30/2015, answer due 6/30/2015; Enrique Lucero served on 4/30/2015, answer due 6/30/2015; Sarah Saldana served on 4/30/2015, answer due 6/30/2015. (Maldonado, Javier) Modified due date on 4/30/2015 (wg). (Entered: 04/30/2015)	April 30, 2015	April 30, 2015 PACER
	Reset Deadlines: Juanita Hester answer due 6/30/2015; Jeh Johnson answer due 6/30/2015; Enrique Lucero answer due 6/30/2015; Sarah Saldana answer due 6/30/2015.	April 30, 2015	April 30, 2015 PACER
	Notice of Correction: Summons Issued on USA, Answer Due date is (60) Days for Govt. Agencies. re 10 Summons Returned Executed,. (wg)	April 30, 2015	April 30, 2015 PACER
11	NOTICE of Attorney Appearance by Sarah B. Fabian on behalf of Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana. Attorney Sarah B. Fabian added to party Juanita Hester(pty:dft), Attorney Sarah B. Fabian added to party Jeh Johnson(pty:dft), Attorney Sarah B. Fabian added to party Enrique Lucero(pty:dft), Attorney Sarah B. Fabian added to party Sarah Saldana(pty:dft) (Fabian, Sarah) (Entered: 04/30/2015)	April 30, 2015	April 30, 2015 PACER
12	NOTICE of Attorney Appearance by Sarah Lake Vuong on behalf of Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana. Attorney Sarah Lake Vuong added to party Juanita Hester(pty:dft), Attorney Sarah Lake Vuong added to party Jeh Johnson(pty:dft), Attorney Sarah Lake Vuong added to party Enrique Lucero(pty:dft), Attorney Sarah Lake Vuong added to party Sarah Saldana(pty:dft) (Vuong, Sarah) (Entered: 05/01/2015)	May 1, 2015	May 1, 2015 PACER
13	SUMMONS Returned Executed by Lilian Castillo Rosado, Polyane Soares de Oliveira dos Santos, Delmy Pineda Cruz. The GEO Group, Inc. served on 5/1/2015, answer due 5/22/2015. (Maldonado, Javier) (Entered: 05/01/2015)	May 1, 2015	May 1, 2015 PACER
14	ORDER re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Delmy Pineda Cruz, Lilian Castillo Rosado, Polyane Soares de Oliveira dos Santos, ( Motion Hearing Re-set for 5/7/2015 02:00 PM before Judge Xavier Rodriguez,). Signed by Judge Xavier Rodriguez. (wg) (Entered: 05/01/2015)	May 1, 2015	May 1, 2015 PACER
15	SUMMONS Returned Executed by Lilian Castillo Rosado, Polyane Soares de Oliveira dos Santos, Delmy Pineda Cruz. Rose Thompson served on 5/1/2015, answer due 5/22/2015. (Maldonado, Javier) (Entered: 05/04/2015)	May 4, 2015	May 4, 2015 PACER
16	MOTION for Writ of Habeas Corpus ad testificandum for Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos, and Lilian Castillo Rosado to testify at the May 7, 2015 hearing on their application for a temporary restraining order, by Lilian Castillo Rosado, Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos. (Attachments: # 1 Ex. A Proposed Writ)(Trigilio, Trisha) (Entered: 05/04/2015) 1 Ex. A Proposed Writ View on PACER	May 4, 2015	May 4, 2015 PACER
17	ORDER WRIT of Testificandum issued, Motions terminated: 16 MOTION for Writ of Habeas Corpus ad testificandum for Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos, and Lilian Castillo Rosado to testify at the May 7, 2015 hearing on their application for a temporary restraining order, filed by Delmy Pineda Cruz, Lilian Castillo Rosado, Polyane Soares de Oliveira dos Santos.. Signed by Judge John W. Primomo. (wg) (Entered: 05/05/2015)	May 5, 2015	May 5, 2015 PACER
18	Writ of Habeas Corpus ad Testificandum Issued as to Delmy Pineda Cruz for May 7, 2015. (kh2) (Entered: 05/05/2015)	May 5, 2015	May 5, 2015 PACER
19	Writ of Habeas Corpus ad Testificandum Issued as to Polyane Soares De Oliveira Dos Santos for May 7, 2015. (kh2) (Entered: 05/05/2015)	May 5, 2015	May 5, 2015 PACER
20	Writ of Habeas Corpus ad Testificandum Issued as to Lilian Castillo Rosado for May 7, 2015. (kh2) (Entered: 05/05/2015)	May 5, 2015	May 5, 2015 PACER
21	NOTICE of Attorney Appearance by Gary L. Anderson on behalf of Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana, The GEO Group, Inc., Rose Thompson. Attorney Gary L. Anderson added to party Juanita Hester(pty:dft), Attorney Gary L. Anderson added to party Jeh Johnson(pty:dft), Attorney Gary L. Anderson added to party Enrique Lucero(pty:dft), Attorney Gary L. Anderson added to party Sarah Saldana(pty:dft), Attorney Gary L. Anderson added to party The GEO Group, Inc.(pty:dft), Attorney Gary L. Anderson added to party Rose Thompson(pty:dft) (Anderson, Gary) (Entered: 05/06/2015)	May 6, 2015	May 6, 2015 PACER
22	Response in Opposition to Motion, filed by Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana, re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiff Delmy Pineda Cruz, Plaintiff Lilian Castillo Rosado, Plaintiff Polyane Soares de Oliveira dos Santos (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-L, # 3 Exhibit M - Antkowiak Declaration, # 4 Exhibit N-O - Family Residential Standards, # 5 Exhibit P-R)(Fabian, Sarah) (Entered: 05/07/2015) 1 Exhibit A-E View on PACER 2 Exhibit F-L View on PACER 3 Exhibit M - Antkowiak Declaration View on PACER 4 Exhibit N-O - Family Residential Standards View on PACER 5 Exhibit P-R View on PACER	May 7, 2015	May 7, 2015 PACER
23	Minute Entry for proceedings held before Judge Xavier Rodriguez: Motion Hearing held on 5/7/2015 re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Delmy Pineda Cruz, Lilian Castillo Rosado, Polyane Soares de Oliveira dos Santos (Minute entry documents are not available electronically.). (Court Reporter Karl Myers.)(wg) (Entered: 05/08/2015)	May 7, 2015	May 7, 2015 PACER
24	Plaintiff's Witness List by Lilian Castillo Rosado, Delmy Pineda Cruz, Polyane Soares de Oliveira dos Santos. (wg) (Entered: 05/08/2015)	May 7, 2015	May 7, 2015 PACER
25	Defendant's Witness List by Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana, The GEO Group, Inc., Rose Thompson. (wg) (Entered: 05/08/2015)	May 7, 2015	May 7, 2015 PACER
26	ORDER DENYING 5 Motion for TRO; DENYING 5 Motion for Preliminary Injunction; Parties shall confer and submit a proposed scheduling order to the Court on or before May 29, 2015. Signed by Judge Xavier Rodriguez. (wg) (Entered: 05/08/2015)	May 8, 2015	May 8, 2015 PACER
27	*DOCUMENT DEFICIENT, WRONG CASE STYLE & NUMBER ON PLEADING * NOTICE of Attorney Appearance by Elianis N. Perez on behalf of Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana. Attorney Elianis N. Perez added to party Juanita Hester(pty:dft), Attorney Elianis N. Perez added to party Jeh Johnson(pty:dft), Attorney Elianis N. Perez added to party Enrique Lucero(pty:dft), Attorney Elianis N. Perez added to party Sarah Saldana(pty:dft) (Perez, Elianis) Modified on 5/14/2015 (wg). (Entered: 05/14/2015)	May 14, 2015	May 14, 2015 PACER
28	*NOTIFIED COUNSEL, INCORRECT CASE STYLE & CASE NUMBER ON DOCUMENT *DEFICIENCY NOTICE: re 27 Notice of Appearance, (wg) (Entered: 05/14/2015)	May 14, 2015	May 14, 2015 PACER
29	NOTICE of Attorney Appearance by Elianis N. Perez on behalf of Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana (Perez, Elianis) (Entered: 05/14/2015)	May 14, 2015	May 14, 2015 PACER
30	NOTICE of Attorney Appearance by Charles A. Deacon on behalf of The GEO Group, Inc., Rose Thompson. Attorney Charles A. Deacon added to party The GEO Group, Inc.(pty:dft), Attorney Charles A. Deacon added to party Rose Thompson(pty:dft) (Deacon, Charles) (Entered: 05/15/2015)	May 15, 2015	May 15, 2015 PACER
31	NOTICE of Attorney Appearance by Mark Emery on behalf of The GEO Group, Inc., Rose Thompson. Attorney Mark Emery added to party The GEO Group, Inc.(pty:dft), Attorney Mark Emery added to party Rose Thompson(pty:dft) (Emery, Mark) (Entered: 05/15/2015)	May 15, 2015	May 15, 2015 PACER
32	Proposed Scheduling Order JOINT PROPOSED SCHEDULING AND DOCKET CONTROL ORDER by Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana. (Perez, Elianis) (Entered: 05/29/2015)	May 29, 2015	May 29, 2015 PACER
33	Transcript filed of Proceedings held on May 7, 2015, Proceedings Transcribed: Hearing on Motion for TRO and Preliminary Injunction. Court Reporter/Transcriber: Karl H. Myers, Telephone number: 210-244-5037. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 6/19/2015, Redacted Transcript Deadline set for 6/29/2015, Release of Transcript Restriction set for 8/27/2015, (Myers, Karl) (Entered: 05/29/2015)	May 29, 2015	May 29, 2015 PACER
34	SCHEDULING ORDER: Bench Trial set for 6/6/2016 09:30 AM before Judge Xavier Rodriguez, Pretrial Conference set for 5/25/2016 09:30 AM before Judge Xavier Rodriguez, ADR Report Deadline due by 8/3/2015, Amended Pleadings due by 8/31/2015, Discovery due by 12/22/2015, Joinder of Parties due by 9/15/2015, Dispositive Motions due by 2/8/2016,. Signed by Judge Xavier Rodriguez. (wg) (Entered: 06/01/2015)	June 1, 2015	June 1, 2015 PACER
35	Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Juanita Hester, Jeh Johnson, Enrique Lucero, Sarah Saldana. (Attachments: # 1 Exhibit A)(Fabian, Sarah) (Entered: 06/19/2015) 1 Exhibit A View on PACER	June 19, 2015	June 19, 2015 PACER

Case: Pineda Cruz v. Thompson

5:15-cv-00326 | U.S. District Court for the Western District of Texas

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