Case: Doe v. Shenandoah Valley Juvenile Center Commission

5:17-cv-00097 | U.S. District Court for the Western District of Virginia

Filed Date: Oct. 4, 2017

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Case Summary

On October 4, 2017, a teenage unaccompanied minor in immigration detention (“Doe 1”) filed this class-action lawsuit in the U.S. District Court for the Western District of Virginia under 42 U.S.C. § 1983, challenging the conditions of his confinement. Represented by the Washington Lawyers’ Committee for Civil Rights and Urban Affairs and by private counsel, he sued the Shenandoah Valley Juvenile Center Commission. The Commission operated the Shenandoah Valley Juvenile Center, where he was detained in “brutal and inhumane conditions” which “shocked the conscience.” The plaintiff had fled to the United States to seek asylum after experiencing domestic abuse and other violence in Mexico. He claimed that his prolonged detention at various U.S. facilities had exacerbated his trauma, leading to self-harm involving cutting his wrists and banging his head against the wall and floor. Shenandoah Valley staff had responded with “callous indifference.”

Doe 1 claimed that he and other Mexican and Central American unaccompanied immigrant minors at the facility were subject to violence by staff; abusive and excessive use of seclusion and restraints; and denial of adequate mental health care in spite of their suicidality. He sought class certification for all similarly-situated minors who were or would be detained at the same facility. He claimed that facility staff treated the Latino immigrant detainees (who were held for civil immigration offenses) more harshly than white criminal detainees. He alleged that the staff’s deliberate indifference, as well as discrimination based on race and national origin, violated the Fifth and Fourteenth Amendments. He sought injunctive relief and a declaration that Shenandoah Valley’s practices were unconstitutional.

The case was assigned to Judge Elizabeth K. Dillon. In an amended complaint dated January 31, 2018, Doe 1 stated that in December, he had been transferred to another facility in Virginia, but remained in the custody of the Office of Refugee Resettlement and could be transferred back to Shendandoah Valley at any time. His amended complaint also added two additional plaintiffs detained at Shenandoah Valley (“Doe 2” and “Doe 3”).

The plaintiffs moved for a preliminary injunction on February 28, 2018, asking the Court to enjoin Shenandoah Valley from imposing excessive or injurious discipline on them, either by physical force or by denial of adequate mental health treatment. They asserted that their behavioral issues in detention were provoked (by abusive treatment from staff), or were manifestations of untreated mental health problems.

On June 27, 2018, the court certified the following class:: “Latino unaccompanied alien children (UACs) who are currently detained or will be detained in the future at Shenandoah Valley Juvenile Center who either: (i) have been, are, or will be subject to the disciplinary policies and practices used by [Shenandoah Valley] staff; or (ii) have needed, currently need, or will in the future need care and treatment for mental health problems while detained at [Shenandoah Valley].”

The plaintiffs filed a second amended complaint on July 11, 2018, adding a fourth plaintiff (“Doe 4”). In August 2018, the plaintiffs, without explanation, withdrew their motion for preliminary injunction. On October 4, 2017, the court granted the plaintiffs’ motion to appoint Doe 4 class representative in place of Doe 1, who no longer wished to proceed with this case (for reasons not stated in court filings). Doe 2 and Doe 3, who had been deported to their countries of origin, were dismissed as plaintiffs.

On December 13, 2018, the court granted partial summary judgment to Shenandoah Valley: while allowing the excessive force claim, the excessive confinement claim, and the excessive use of isolation claim, the court ruled in favor of the facility on the inadequate medical care claim. 355 F. Supp. 3d 454. The court noted that while the plaintiffs wanted the facility to implement a best practice approach regarding mental health care, the constitutional standard was lower. It found that the facility had satisfied the constitutional requirements: it had provided bilingual case managers and mental health clinicians to each detainee, had arranged for Doe 4 to meet with a clinician once a week, and had made reasonable attempts to have him transferred to a residential facility to treat his post-traumatic stress disorder.

Following the summary judgment ruling, the plaintiffs and the defendant came to an agreement: the plaintiffs would try to find a “Doe 5” plaintiff that could represent the class on the inadequate medical care claim. If they found such a plaintiff, the litigation would continue; if they couldn’t find a suitable class representative, they would dismiss their remaining claims, but would retain their right to appeal the summary judgment ruling as to Doe 4.

On March 19, 2019, having found no suitable class representative, the plaintiffs moved to dismiss their remaining claims. After a fairness hearing on July 16, the court granted the motion to dismiss on July 23, 2019. This order dismissed the plaintiffs’ claims “alleging Defendant’s use of excessive force, excessive imposition of restraints and excessive use of solitary confinement,” and entered judgment for the defendant with respect to the plaintiffs’ “claims alleging Defendant’s failure to provide the Plaintiff Class with constitutionally-adequate mental health treatment.” As previously agreed with the defendant, the plaintiffs appealed this ruling on August 21, 2019 (Fourth Circuit Docket Number 19-1910). As of July 28, 2020, that appeal is pending.

	Document
5:17-cv-00097	Docket [PACER] Doe 4 v. Shenandoah Valley Juvenile Center Commission	Oct. 28, 2019	Oct. 28, 2019 Docket
1 5:17-cv-00097	Class Action Complaint	Oct. 4, 2017	Oct. 4, 2017 Complaint
17 5:17-cv-00097	First Amended Class Action Complaint	Jan. 31, 2018	Jan. 31, 2018 Complaint
34 5:17-cv-00097	Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction	Feb. 28, 2018	Feb. 28, 2018 Pleading / Motion / Brief
50 5:17-cv-00097	Reply Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction	April 4, 2018	April 4, 2018 Pleading / Motion / Brief
63 5:17-cv-00097	Order Certifying Class	June 27, 2018	June 27, 2018 Order/Opinion 2020 WL 10593355
68 5:17-cv-00097	Second Amended Class Action Complaint	July 11, 2018	July 11, 2018 Complaint
173 5:17-cv-00097	Memorandum Opinion	Dec. 13, 2018	Dec. 13, 2018 Order/Opinion 108 Fed.R.Serv.3d 186

Title	Description		External URL Date / External URL
Wiley Rein and Washington Lawyers' Committee File Fifth Amendment Complaint on Behalf of Immigrants Detained in Shenandoah Valley Juvenile Center Wiley	WASHINGTON, DC - Using the pseudonym John Doe, an unaccompanied immigrant minor who is confined to the Shenandoah Valley Juvenile Center filed a lawsuit today on behalf of himself and other detained …	Oct. 4, 2017	Oct. 4, 2017 https://www.wiley.law/...
Wiley Rein and Washington Lawyers’ Committee File Fifth Amendment Complaint on Behalf of Immigrants Detained in Shenandoah Valley Juvenile Center Wiley Rein LLP	Using the pseudonym John Doe, an unaccompanied immigrant minor who is confined to the Shenandoah Valley Juvenile Center filed a lawsuit today on behalf of himself and other detained immigrant childre…	Oct. 4, 2017	Oct. 4, 2017 https://www.wileyrein.com/...

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Shenandoah Valley Juvenile Center Commission (Filing & Administrative fee $ 400.00, Receipt No 0423-2761226), filed by John Doe. (Attachments: # 1 Civil Cover Sheet)(jat) 1 Civil Cover Sheet View on PACER	Oct. 4, 2017	Oct. 4, 2017 Clearinghouse
2	MOTION to Proceed by Fictitious Name re 1 Complaint by John Doe. (jat)	Oct. 4, 2017	Oct. 4, 2017 PACER
3	Brief in Support re 2 MOTION to Proceed by Fictitious Name re 1 Complaint filed by John Doe. (jat)	Oct. 4, 2017	Oct. 4, 2017 RECAP
1	COMPLAINT against Shenandoah Valley Juvenile Center Commission (Filing & Administrative fee $ 400.00, Receipt No 0423-2761226), filed by John Doe. (Attachments: # 1 Civil Cover Sheet)(jat) 1 Civil Cover Sheet View on PACER	Oct. 4, 2017	Oct. 4, 2017 Clearinghouse
2	MOTION to Proceed by Fictitious Name re 1 Complaint by John Doe. (jat)	Oct. 4, 2017	Oct. 4, 2017 PACER
3	Brief in Support re 2 MOTION to Proceed by Fictitious Name re 1 Complaint filed by John Doe. (jat)	Oct. 4, 2017	Oct. 4, 2017 RECAP
4	Summons Issued as to Shenandoah Valley Juvenile Center Commission.(jat)	Oct. 5, 2017	Oct. 5, 2017 PACER
4	Summons Issued as to Shenandoah Valley Juvenile Center Commission.(jat)	Oct. 5, 2017	Oct. 5, 2017 PACER
5	SUMMONS Returned Executed by John Doe. Shenandoah Valley Juvenile Center Commission served on 10/16/2017, answer due 11/6/2017.(kld) (Entered: 10/19/2017)	Oct. 18, 2017	Oct. 18, 2017 PACER
5	SUMMONS Returned Executed by John Doe. Shenandoah Valley Juvenile Center Commission served on 10/16/2017, answer due 11/6/2017.(kld) (Entered: 10/19/2017)	Oct. 18, 2017	Oct. 18, 2017 PACER
6	NOTICE of Appearance by Jason Botkins on behalf of Shenandoah Valley Juvenile Center Commission (Botkins, Jason)	Nov. 3, 2017	Nov. 3, 2017 PACER
7	Negative Corporate Disclosure Statement by Shenandoah Valley Juvenile Center Commission (Botkins, Jason)	Nov. 3, 2017	Nov. 3, 2017 PACER
8	ANSWER to 1 Complaint by Shenandoah Valley Juvenile Center Commission.(Botkins, Jason)	Nov. 3, 2017	Nov. 3, 2017 RECAP
9	Magistrate Consent Notice to Parties. (jat)	Nov. 3, 2017	Nov. 3, 2017 PACER
10	Scheduling Letter to parties. (jat)	Nov. 3, 2017	Nov. 3, 2017 PACER
6	NOTICE of Appearance by Jason Botkins on behalf of Shenandoah Valley Juvenile Center Commission (Botkins, Jason)	Nov. 3, 2017	Nov. 3, 2017 PACER
7	Negative Corporate Disclosure Statement by Shenandoah Valley Juvenile Center Commission (Botkins, Jason)	Nov. 3, 2017	Nov. 3, 2017 PACER
8	ANSWER to 1 Complaint by Shenandoah Valley Juvenile Center Commission.(Botkins, Jason)	Nov. 3, 2017	Nov. 3, 2017 RECAP
9	Magistrate Consent Notice to Parties. (jat)	Nov. 3, 2017	Nov. 3, 2017 PACER
10	Scheduling Letter to parties. (jat)	Nov. 3, 2017	Nov. 3, 2017 PACER
11	NOTICE of Hearing: (N) (No Interpreter requested) Rule 16 Status Conference set for December 4, 2017 at 10:00 AM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties.)(mf)	Nov. 7, 2017	Nov. 7, 2017 PACER
	Notice of Hearing	Nov. 7, 2017	Nov. 7, 2017 PACER
11	NOTICE of Hearing: (N) (No Interpreter requested) Rule 16 Status Conference set for December 4, 2017 at 10:00 AM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties.)(mf)	Nov. 7, 2017	Nov. 7, 2017 PACER
12	ORDER granting 2 Motion to Proceed by Fictitious Name. Signed by District Judge Elizabeth K. Dillon on 11/9/2017. (jat)	Nov. 9, 2017	Nov. 9, 2017 PACER
12	ORDER granting 2 Motion to Proceed by Fictitious Name. Signed by District Judge Elizabeth K. Dillon on 11/9/2017. (jat)	Nov. 9, 2017	Nov. 9, 2017 PACER
13	Minute Entry for proceedings held before District Judge Elizabeth K. Dillon and Magistrate Judge Joel C. Hoppe: Scheduling Conference Call held in chambers on 12/4/2017. (kld)	Dec. 4, 2017	Dec. 4, 2017 PACER
	Scheduling Conference	Dec. 4, 2017	Dec. 4, 2017 PACER
13	Minute Entry for proceedings held before District Judge Elizabeth K. Dillon and Magistrate Judge Joel C. Hoppe: Scheduling Conference Call held in chambers on 12/4/2017. (kld)	Dec. 4, 2017	Dec. 4, 2017 PACER
14	NOTICE of Hearing: (N) (No Interpreter requested) Status Conference set for January 9, 2018 at 10:00 AM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties by email.) (mf)	Dec. 14, 2017	Dec. 14, 2017 PACER
	Notice of Hearing	Dec. 14, 2017	Dec. 14, 2017 PACER
14	NOTICE of Hearing: (N) (No Interpreter requested) Status Conference set for January 9, 2018 at 10:00 AM by telephone conference call before District Judge Elizabeth K. Dillon. (Chambers will send the dial-in instructions to the parties by email.) (mf)	Dec. 14, 2017	Dec. 14, 2017 PACER
15	Consent MOTION for Hannah E. Lieberman to Appear Pro Hac Vice. by John Doe. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Dinan, Christine) 1 Exhibit 1 View on PACER 2 Text of Proposed Order View on PACER	Jan. 8, 2018	Jan. 8, 2018 PACER
15	Consent MOTION for Hannah E. Lieberman to Appear Pro Hac Vice. by John Doe. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Dinan, Christine) 1 Exhibit 1 View on PACER 2 Text of Proposed Order View on PACER	Jan. 8, 2018	Jan. 8, 2018 PACER
16	In Chambers Minute Order for Proceedings held before District Judge Elizabeth K. Dillon: Status Conference held by conference call on 1/9/2018. ORAL ORDER granting plaintiff leave to amend the complaint, to be filed by COB 1/31/18. Proposed scheduling order to be filed with the Court once parties have conferred. (bw)	Jan. 9, 2018	Jan. 9, 2018 PACER
	Status Conference	Jan. 9, 2018	Jan. 9, 2018 PACER
17	ORDER granting 15 MOTION for Hannah E. Lieberman to Appear Pro Hac Vice. Attorney Hannah E.M. Lieberman for John Doe added. Signed by District Judge Elizabeth K. Dillon on 1/9/2018. (jv) (Entered: 01/10/2018)	Jan. 9, 2018	Jan. 9, 2018 Clearinghouse
16	In Chambers Minute Order for Proceedings held before District Judge Elizabeth K. Dillon: Status Conference held by conference call on 1/9/2018. ORAL ORDER granting plaintiff leave to amend the complaint, to be filed by COB 1/31/18. Proposed scheduling order to be filed with the Court once parties have conferred. (bw)	Jan. 9, 2018	Jan. 9, 2018 PACER
17	ORDER granting 15 MOTION for Hannah E. Lieberman to Appear Pro Hac Vice. Attorney Hannah E.M. Lieberman for John Doe added. Signed by District Judge Elizabeth K. Dillon on 1/9/2018. (jv) (Entered: 01/10/2018)	Jan. 9, 2018	Jan. 9, 2018 Clearinghouse
18	NOTICE of Hearing: (CR) (No Interpreter requested) Jury Trial set for December 3-7, 2018 at 9:30 AM in Harrisonburg before District Judge Elizabeth K. Dillon. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (mf)	Jan. 18, 2018	Jan. 18, 2018 PACER
	Notice of Hearing	Jan. 18, 2018	Jan. 18, 2018 PACER

Case: Doe v. Shenandoah Valley Juvenile Center Commission

5:17-cv-00097 | U.S. District Court for the Western District of Virginia

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