Case: Tenorio-Serrano v. Driscoll

3:18-cv-08075 | U.S. District Court for the District of Arizona

Filed Date: March 16, 2018

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On March 16, 2018, a prisoner at the Coconino County Detention Facility (CCDF), in Flagstaff Arizona, filed this class action lawsuit in the Superior Court of Coconino County, Arizona on behalf of himself and similarly situated prisoners. The complaint sought declaratory relief and preliminary and permanent injunctive relief, challenging the prolonged detention of inmates for whom CCDF received a detainer from the U.S. Immigration and Customs Enforcement Agency (ICE). It named as defendants th…

On March 16, 2018, a prisoner at the Coconino County Detention Facility (CCDF), in Flagstaff Arizona, filed this class action lawsuit in the Superior Court of Coconino County, Arizona on behalf of himself and similarly situated prisoners. The complaint sought declaratory relief and preliminary and permanent injunctive relief, challenging the prolonged detention of inmates for whom CCDF received a detainer from the U.S. Immigration and Customs Enforcement Agency (ICE). It named as defendants the Coconino County Sheriff, the Jail Commander, and other officials. The plaintiffs were represented by the ACLU’s Immigrant Rights Project and by private counsel.

The complaint explained that the plaintiffs had been arrested, criminally. But then their detention at CCDF was prolonged because the facility cooperated with an ICE detainer request. The ICE detainers asked local authorities to prolong the confinement of individuals accused of immigration violations until officers from ICE took custody of those individuals and placed them in removal proceedings. The named plaintiff, for example, claimed that there were people willing to post bond to secure his release, but they were told by CCDF personnel that he would be held for an additional 48 hours following the bond payment pursuant to the ICE detainer request. Fearing that posting bond would trigger the 48-hour hold and subsequent detention by ICE, he chose to remain in custody until his trial date.

According to the plaintiffs, CCDF’s policy of prolonging plaintiffs’ detention despite meeting all conditions of pretrial release violated Article II, section 8 of the Arizona Constitution and the Fourth Amendment to the United States Constitution. Plaintiffs requested preliminary and permanent injunctive relief, to secure the named plaintiff’s immediate release upon the payment of his bond. and to enjoin the holding of other similarly situated detainees pursuant to CCDF’s policy. The plaintiffs also sought a court declaration that the CCDF detainer policy was unlawful.

Because the complaint raised a federal claim, the defendants removed it to the U.S. District Court for the District of Arizona on April 2, 2018. It was assigned to District Judge David Campbell. On April 6, 2018, the plaintiffs sought an order to show cause as to their request for a preliminary injunction and a temporary restraining order and to halt the continued implementation the CCDF’s immigration detention policies. The plaintiffs filed a first amended complaint on April 30, 2018. In addition to repeating the allegations described in the original complaint, the amended complaint also asserted that CCDF’s polices violated the Fourteenth Amendment to the United States Constitution.

On May 5, 2018, the U.S. Government filed a statement of interest, seeking to convince the District Court to deny the plaintiffs’ motion for a temporary restraining order. According to the Government, ICE’s cooperation with local law enforcement in the detention of those accused of immigration violations was lawful under Arizona and federal law. Though the detainer authorized the confinement of an individual 48 hours beyond the time when the individual would have otherwise been released, the Government clarified that the detainer should not, “impact decisions about the alien’s bail, rehabilitation, parole, release, diversion, custody classification, work, quarter assignments, or other matters.” Further, the Government claimed that the named plaintiff did not have a basis to challenge the legality of ICE’s cooperation with the County, because he never elected to post bond.

On July 6, 2018, Judge Campbell denied the plaintiffs’ request for a preliminary injunction. According to the Court, the plaintiffs were unable to demonstrate a likelihood of success on the merits of their claims, but nonetheless raised serious questions that required further litigation. The Court reached this decision by finding the plaintiffs’ arguments inconclusive as to whether Arizona sheriffs possessed common law authority to cooperate with ICE without explicit statutory authorization. However, the Court also held that local law enforcement officers’ unilateral authority to prolong the detention of an individual on immigration grounds absent a formalized agreement with the federal government was a serious question demanding further litigation. Because both the plaintiffs and the Government would sustain significant hardships on account of the absence or presence of court interference, the Court concluded that a preliminary injunction would not be appropriate relief in this case. 324 F.Supp.3d 1053.

On July 30, 2018, the plaintiffs moved to dismiss the case, to which the defendants provided no objection. According to plaintiffs’ counsel (as reported in local news sources), the denial of the preliminary injunction made the dismissal necessary. They explained that continuing to fight the case would result in their client spending another six months to a year in jail. The Court granted the motion, dismissing the case as to the defendants without prejudice. The case is now closed.

Summary Authors

Charles Baeder (10/18/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6360450/parties/tenorio-serrano-v-driscoll/


Judge(s)

Bade, Bridget Shelton (Arizona)

Campbell, David G. (Arizona)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Brody, Kathleen E. (Arizona)

Gelernt, Lee (New York)

Jadwat, Omar C. (New York)

Mahady, Kathryn Grace (Arizona)

Peard, William Bradford (Arizona)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Ackerman, Justin Michael (Arizona)

Judge(s)

Bade, Bridget Shelton (Arizona)

Campbell, David G. (Arizona)

Attorneys(s) for Plaintiff

Amdur, Spencer E. W. (California)

Brody, Kathleen E. (Arizona)

Gelernt, Lee (New York)

Jadwat, Omar C. (New York)

Mahady, Kathryn Grace (Arizona)

Peard, William Bradford (Arizona)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Ackerman, Justin Michael (Arizona)

Jellison, James M (Arizona)

Masterson, John T. (Arizona)

Molinario, Michele (Arizona)

Other Attorney(s)

Bingham, Lauren Crowell (District of Columbia)

Genova, Francesca (District of Columbia)

GilBride, Eileen Dennis (Arizona)

Peachey, William Charles (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Reuveni, Erez (District of Columbia)

Documents in the Clearinghouse

Document

3:18-cv-08075

Docket

Aug. 20, 2018

Aug. 20, 2018

Docket
18

3:18-cv-08075

First Amended Complaint

April 30, 2018

April 30, 2018

Complaint
41

3:18-cv-08075

Statement of Interest of the United States

May 19, 2018

May 19, 2018

Pleading / Motion / Brief
47

3:18-cv-08075

Re:Tenorio-Serrano v. Driscoll

June 4, 2018

June 4, 2018

Notice Letter
57

3:18-cv-08075

Order - Denial of Motion for Preliminary Injunction

324 F.Supp.3d 1053

July 6, 2018

July 6, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6360450/tenorio-serrano-v-driscoll/

Last updated Aug. 7, 2022, 3:25 a.m.

ECF Number Description Date Link Date / Link
3

NOTICE OF ASSIGNMENT: (DLC) (Entered: 04/03/2018)

April 2, 2018

April 2, 2018

PACER
2

**Withdrawn by Doc 15 ** RESPONSE in Opposition to Plaintiff's Application for Temporary Restraining Order by James Driscoll, Matt Figueroa. (Submitted by Molinario, Michele) (DLC) *Modified filers on 4/25/2018 (DXD). (Entered: 04/03/2018)

April 2, 2018

April 2, 2018

PACER
1

NOTICE OF REMOVAL from Coconino County Superior Court, case number CV201800144 (TRO Requested). Filing fee received: $ 400.00, receipt number 0970-15335176 filed by Matt Figueroa, James Driscoll. (Submitted by Molinario, Michele) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Civil Cover Sheet, # 7 Supplemental Civil Cover Sheet)(DLC) (Entered: 04/03/2018)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Civil Cover Sheet

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7 Supplemental Civil Cover Sheet

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April 2, 2018

April 2, 2018

RECAP
7

NOTICE re: Consent to Removal of Action from State Court by Elizabeth Archuleta, Art Babbott, Lena Fowler, Jim Parks, Matt Ryan . (Jellison, James) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

RECAP
6

NOTICE of Appearance by James M Jellison on behalf of Elizabeth Archuleta, Art Babbott, Lena Fowler, Jim Parks, Matt Ryan. (Jellison, James) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
5

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (DLC) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
4

DEFENDANT'S DEMAND for Jury Trial by James Driscoll, Matt Figueroa. (Molinario, Michele) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
8

MOTION for Extension of Time to File Answer re: 1 Notice of Removal and/or File Other Response to Complaint by Elizabeth Archuleta, Art Babbott, Lena Fowler, Jim Parks, Matt Ryan. (Attachments: # 1 Text of Proposed Order)(Jellison, James) (Entered: 04/04/2018)

1 Text of Proposed Order

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April 4, 2018

April 4, 2018

PACER
10

MOTION for Extension of Time to File Answer re: 1 Notice of Removal, 9 Order by James Driscoll, Matt Figueroa. (Attachments: # 1 Text of Proposed Order)(Molinario, Michele) (Entered: 04/05/2018)

1 Text of Proposed Order

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April 5, 2018

April 5, 2018

PACER
9

ORDER - The Court will take no action on any pending motion in the matter at this time. A screening order pursuant to 28 U.S.C. ยง 1915A will be forthcoming. Signed by Judge David G Campbell on 4/4/18. (DXD) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
14

MOTION for Declaratory Judgment, MOTION for Temporary Restraining Order, MOTION for Order to Show Cause Regarding Preliminary and Permanent Injunction by Guillermo Tenorio-Serrano. (DXD) (Entered: 04/11/2018)

April 6, 2018

April 6, 2018

PACER
11

NOTICE re: Pending Motion by Guillermo Tenorio-Serrano . (Mahady, Kathryn) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

RECAP
12

DEFENDANTS' ANSWER to Complaint with Jury Demand by James Driscoll, Matt Figueroa.(Molinario, Michele) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

RECAP
13

ORDER granting 10 Motion for Extension of Time and denying 8 Motion for Extension of Time. Defendants must Answer the Complaint (Doc. 1 -1) and respond to Petitioner's Motion for Declaratory Relief, Application for Temporary Restraining Order, and Application for Order to Show Cause Regarding Application for Preliminary and Permanent Injunction within 21 days from the date of this Order. The Clerk shall docket Petitioner's Motion for Declaratory Relief, Application for Temporary Restraining Order, and Application for Order to Show Cause Regarding Application for Preliminary and Permanent Injunction as a separate entry on the docket in order to facilitate Defendants' Responses to it. This matter is referred to the Honorable Magistrate Bridget S. Bade pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings, is assigned to the standard track and to the Mandatory Initial Discovery Pilot pursuant to General Order 17-08. See Order for further details. Signed by Judge David G Campbell on 4/10/18. (DXD) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
15

*WITHDRAWAL OF DOCUMENT re: 2 Response by Defendants James Driscoll, Matt Figueroa. (Molinario, Michele) *Modified to correct event on 4/25/2018 (DXD). (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

RECAP
19

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Guillermo Tenorio-Serrano . (Attachments: # 1 Exhibit Exhibit A - Compared Complaints)(Mahady, Kathryn) (Entered: 04/30/2018)

1 Exhibit Exhibit A - Compared Complaints

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April 30, 2018

April 30, 2018

PACER
18

AMENDED COMPLAINT (First) against All Plaintiffs filed by Guillermo Tenorio-Serrano. (Attachments: # 1 Exhibit Exhibit A - Jail Policy, # 2 Exhibit Exhibit B - Mik Jordahl Email, # 3 Exhibit Exhibit C - ACLU Letter, # 4 Exhibit Exhibit D - ICE Detainer (I-247) and ICE Warrant (I-200), # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F - Release Conditions, # 7 Exhibit Exhibit G - Sarai Tenorio Serrano Affidavit, # 8 Exhibit Exhibit H - JCB Notarized Affidavit GTS, # 9 Exhibit Exhibit I - AG Opinion)(Mahady, Kathryn) (Entered: 04/30/2018)

1 Exhibit Exhibit A - Jail Policy

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2 Exhibit Exhibit B - Mik Jordahl Email

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3 Exhibit Exhibit C - ACLU Letter

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4 Exhibit Exhibit D - ICE Detainer (I-247) and ICE Warrant (I-200)

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F - Release Conditions

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7 Exhibit Exhibit G - Sarai Tenorio Serrano Affidavit

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8 Exhibit Exhibit H - JCB Notarized Affidavit GTS

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9 Exhibit Exhibit I - AG Opinion

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April 30, 2018

April 30, 2018

PACER
17

AMENDED ANSWER to Plaintiffs Complaint by James Driscoll, Matt Figueroa. (Molinario, Michele) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
16

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by James Driscoll, Matt Figueroa . (Attachments: # 1 Exhibit)(Molinario, Michele) (Entered: 04/30/2018)

1 Exhibit

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April 30, 2018

April 30, 2018

PACER
20

ORDER: Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference is set for June 27, 2018 at 1:30 p.m. in Courtroom 304, Sandra Day O'Connor United States Courthouse, 401 West Washington Street, Phoenix, Arizona 85003-2120 [see attached Order for details]. Signed by Magistrate Judge Bridget S Bade on 5/1/18. (MAW) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

RECAP
25

**Filed at Doc. 28 LODGED Proposed Defendant Driscoll and Figueroa's Amened Response to TRO re: 24 MOTION for Leave to File Excess Pages for Request for Page Extension . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Driscoll, Matt Figueroa. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Molinario, Michele) Modified on 5/10/2018 (DXD). (Entered: 05/02/2018)

1 Exhibit

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6 Exhibit

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7 Exhibit

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May 2, 2018

May 2, 2018

PACER
24

MOTION for Leave to File Excess Pages for Request for Page Extension by James Driscoll, Matt Figueroa. (Attachments: # 1 Text of Proposed Order)(Molinario, Michele) (Entered: 05/02/2018)

1 Text of Proposed Order

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May 2, 2018

May 2, 2018

PACER
23

MOTION for Leave to Appear Telephonically by Guillermo Tenorio-Serrano. (Mahady, Kathryn) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
22

RESPONSE to Motion re: 14 MOTION for Declaratory JudgmentMOTION for Temporary Restraining OrderMOTION for Order to Show Cause Regarding Preliminary and Permanent Injunction filed by Elizabeth Archuleta, Art Babbott, Lena Fowler, Jim Parks, Matt Ryan. (Jellison, James) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
21

ANSWER to 1 Notice of Removal, by Elizabeth Archuleta, Art Babbott, Lena Fowler, Jim Parks, Matt Ryan.(Jellison, James) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
28

RESPONSE to Motion re: 14 MOTION for Declaratory Judgment, MOTION for Temporary Restraining Order, MOTION for Order to Show Cause Regarding Preliminary and Permanent Injunction filed by James Driscoll, Matt Figueroa. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-7)(DXD) (Entered: 05/07/2018)

1 Exhibit 1-3

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2 Exhibit 4-7

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May 7, 2018

May 7, 2018

PACER
27

ORDER granting 24 Motion for Leave to File Excess Pages. The Clerk is directed to accept for filing the document lodged on the Court's docket as Doc. 25 . Signed by Judge David G Campbell on 5/7/18. (DXD) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
26

ORDER granting 23 Motion for Leave to Appear telephonically for the Case Management Conference set for 6/27/2 018 at 1:30 p.m. Plaintiff's counsel must call Chambers the day and time of the conference, on a land line. Signed by Magistrate Judge Bridget S Bade on 5/7/18. (DXD) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
30

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants James Driscoll, Matt Figueroa. (Masterson, John) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
29

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Guillermo Tenorio-Serrano. (Mahady, Kathryn) (Entered: 05/09/2018)

May 9, 2018

May 9, 2018

PACER
31

NOTICE of Errata re: 28 Response to Motion, by Defendants James Driscoll, Matt Figueroa.. (Attachments: # 1 Exhibit)(Molinario, Michele) (Entered: 05/10/2018)

1 Exhibit

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May 10, 2018

May 10, 2018

PACER
33

ANSWER to 18 Amended Complaint,, with Jury Demand by James Driscoll, Matt Figueroa.(Molinario, Michele) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

RECAP
32

ANSWER to 18 Amended Complaint,, by Elizabeth Archuleta, Art Babbott, Lena Fowler, Jim Parks, Matt Ryan.(Jellison, James) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
34

*MOTION to File Amicus Brief by Amicus Parties National Sheriffs' Association, Southwestern Border Sheriffs' Coalition, Western States Sheriffs' Association, Arizona Sheriffs' Association. (GilBride, Eileen) *Modified to correct event on 5/17/2018 (DXD). (Entered: 05/16/2018)

May 16, 2018

May 16, 2018

RECAP
36

NOTICE of Appearance by William Bradford Peard on behalf of Guillermo Tenorio-Serrano. (Peard, William) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
35

NOTICE of Appearance by Kathleen E Brody on behalf of Guillermo Tenorio-Serrano. (Brody, Kathleen) (Entered: 05/17/2018)

May 17, 2018

May 17, 2018

PACER
39

MOTION to Expedite Hearing on Application for Preliminary Injunction by Guillermo Tenorio-Serrano. (Attachments: # 1 Text of Proposed Order)(Jadwat, Omar) (Entered: 05/18/2018)

1 Text of Proposed Order

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May 18, 2018

May 18, 2018

PACER
38

*Filed at Doc 51 LODGED Proposed Reply in Support of Application for Preliminary Injunction re: 37 MOTION for Leave to File Excess Pages for Reply in Support of Application for Preliminary Injunction. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Guillermo Tenorio-Serrano. (Attachments: # 1 Exhibit, # 2 Exhibit)(Jadwat, Omar) Modified on 6/18/2018 (DXD). (Entered: 05/18/2018)

1 Exhibit

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May 18, 2018

May 18, 2018

PACER
37

MOTION for Leave to File Excess Pages for Reply in Support of Application for Preliminary Injunction by Guillermo Tenorio-Serrano. (Attachments: # 1 Text of Proposed Order)(Jadwat, Omar) (Entered: 05/18/2018)

1 Text of Proposed Order

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May 18, 2018

May 18, 2018

PACER
41

STATEMENT of Interest of the United States by Interested Party United States. (Attachments: # 1 Exhibit Declaration of Samantha Seaman)(Bingham, Lauren) (Entered: 05/19/2018)

1 Exhibit Declaration of Samantha Seaman

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May 19, 2018

May 19, 2018

PACER
40

NOTICE OF ATTORNEY APPEARANCE: Lauren C. Bingham appearing for United States. . (Bingham, Lauren) (Entered: 05/19/2018)

May 19, 2018

May 19, 2018

PACER
42

ORDER denying 39 Motion to Expedite Hearing. The Court understands the reasons for Plaintiff's motion, but has examined its calendar and has no time available until June 28, 2018. The Court has conferred with Judge Bade, who is also assigned to this case, and she would not have time to hold a hearing and issue a decision before the end of June. As a result, the preliminary injunction hearing will be set for June 28, 2018, and 1:30 p.m., before the undersigned judge. The Court will set the hearing for 90 minutes. Signed by Judge David G Campbell on 5-21-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
44

AMENDED ANSWER to 18 Amended Complaint by James Driscoll, Matt Figueroa. (Molinario, Michele) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
43

NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by James Driscoll, Matt Figueroa . (Attachments: # 1 Exhibit)(Molinario, Michele) (Entered: 05/23/2018)

1 Exhibit

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May 23, 2018

May 23, 2018

PACER
45

MINUTE ORDER: The Rule 16 Case Management Conference currently set for June 27, 2018 is RESET to August 7, 2018 at 01:30 PM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Bridget S. Bade. All other directives in the Order scheduling the Case Management Conference remain in full force and effect. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BSB, ew) (Entered: 05/24/2018)

May 24, 2018

May 24, 2018

PACER

Remark: Pro hac vice motion granted for Lee Gelernt on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

May 29, 2018

May 29, 2018

PACER

Remark: Pro hac vice motion granted for Omar C Jadwat on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

May 29, 2018

May 29, 2018

PACER

Remark (Public)

May 29, 2018

May 29, 2018

PACER
46

NOTICE of Appearance by Erez Reuveni on behalf of United States. (Reuveni, Erez) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER

Remark: Pro hac vice motion granted for Cody Wofsy and Spencer Amdur granted on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

May 30, 2018

May 30, 2018

PACER

Remark (Public)

May 30, 2018

May 30, 2018

PACER
48

NOTICE TO FILER OF DEFICIENCY re: 47 Notice (Other). Document not in compliance with LRCiv 7.1(a) - Forms of Papers. Please note for future filings; information that must be stated upon the first page of every document and may be presented for filing. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 06/05/2018)

June 4, 2018

June 4, 2018

PACER
47

NOTICE re: Other by Guillermo Tenorio-Serrano . (Wofsy, Cody) (Entered: 06/04/2018)

June 4, 2018

June 4, 2018

PACER
49

NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Elizabeth Archuleta, Art Babbott, Lena Fowler, Jim Parks, Matt Ryan. (Jellison, James) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
51

REPLY to Response to Motion re: 14 MOTION for Declaratory Judgment MOTION for Temporary Restraining Order MOTION for Order to Show Cause Regarding Preliminary and Permanent Injunction filed by Guillermo Tenorio-Serrano. (Attachments: # 1 Exhibit, # 2 Exhibit)(DXD) (Entered: 06/18/2018)

1 Exhibit

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June 18, 2018

June 18, 2018

PACER
50

ORDER - The reference to the Magistrate Judge is withdrawn as to the Request to File Amicus Brief (Doc. 34 ) and Plaintiff's Motion to Exceed Page Limits (Doc. 37 ). Granting Request to File Amicus Brief (Doc. 34 ) and Plaintiff's Motion to Exceed Page Limits (Doc. 37 ). The Clerk shall file Plaintiff's Reply in Support of Motion for Preliminary Injunction (currently lodged at Doc. 38 ). Signed by Judge David G Campbell on 6/18/18. (DXD) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
52

*MOTION to Participate in Oral Argument by United States . (Bingham, Lauren) *Modified to correct event on 6/25/2018 (SLQ). (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
53

NOTICE re: Defendants' Notice to the Court re: Position of Arizona Attorney General's Office re: Advisory Opinion No. 16-010 and United States Department of Justice's Request to Participate in Oral Argument by James Driscoll, Matt Figueroa . (Masterson, John) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
54

Joinder re: 41 Statement by Defendants James Driscoll, Matt Figueroa. (Attachments: # 1 Exhibit)(Molinario, Michele) (Entered: 06/25/2018)

1 Exhibit

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June 25, 2018

June 25, 2018

PACER
55

ORDER granting 52 federal government's motion to participate in hearing. The Court will permit the United States to participate in Thursday's hearing. To accommodate this additional participation, the Court will extend the hearing to two hours, with Plaintiff to have 60 minutes and Defendants/USA to have 60 minutes. Parties are not required to use all of the time allotted to them. Counsel for Defendants and the United States should confer and agree on how to divide their 60 minutes. Signed by Judge David G Campbell on 6-26-18. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
56

MINUTE ENTRY for proceedings held before Judge David G Campbell: Motion Hearing held on 6/28/2018. ORDERED taking under advisement 14 Motion for Declaratory Judgment; Motion for TRO/Preliminary injunction. Court order to follow. APPEARANCES: Spencer Amdur, Kathryn Mahady, William Peard, Cody Wofsy for Plaintiff. John Masterson, Michele Molinario, Lisa Papsin for Defendants Driscoll and Figueroa. James Jellison for Defendants Ryan, Fowler, Parks,Archuleta and Babbott. Lauren Bingham for defendant USA (Court Reporter Patricia Lyons.) Hearing held 1:29 PM to 3:33 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TCA) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
57

ORDER: Plaintiff's motion for a preliminary injunction 14 is denied. Signed by Judge David G Campbell on 7/05/2018. (REK) (Entered: 07/06/2018)

July 6, 2018

July 6, 2018

RECAP
58

NOTICE re: Status by Guillermo Tenorio-Serrano re: 57 Order on Motion for Order to Show Cause . (Peard, William) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
59

MOTION to Dismiss Case by Guillermo Tenorio-Serrano. (Attachments: # 1 Text of Proposed Order)(Brody, Kathleen) (Entered: 07/30/2018)

1 Text of Proposed Order

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July 30, 2018

July 30, 2018

RECAP
60

MINUTE ORDER: The Rule 16 Case Management Conference currently set for August 7, 2018 at 1:30 PM in Courtroom 304, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Bridget S. Bade is VACATED pending ruling on Plaintiff's Motion to Dismiss Case. (Doc. 59.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BSB, ew) (Entered: 08/01/2018)

Aug. 1, 2018

Aug. 1, 2018

PACER
61

RESPONSE to Motion re: 59 MOTION to Dismiss Case filed by Elizabeth Archuleta, Art Babbott, Lena Fowler, Jim Parks, Matt Ryan. (Jellison, James) (Entered: 08/10/2018)

Aug. 10, 2018

Aug. 10, 2018

RECAP
63

ORDER - Defendants Driscoll and Figueroa are dismissed without prejudice, each party shall bear their own attorneys' fees and costs. The Clerk of Court is directed to terminate this matter. Signed by Senior Judge David G Campbell on 8/20/2018. (ATD) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

RECAP
62

ORDER granting Plaintiff's 59 Motion to Dismiss as to Defendants Matt Ryan, Lena Fowler, Jim Parks, Elizabeth Archuleta, and Art Babbott, all in their official capacities as members of the Board of Directors of the Coconino County Jail District. This case is dismissed as to the above Defendants without prejudice, each party shall bear their own attorneys' fees and costs. Signed by Senior Judge David G Campbell on 8/20/2018. (ATD) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

RECAP

Case Details

State / Territory: Arizona

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 16, 2018

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future pre-trial detainees of Coconino County Detention Facility who currently are or will be the subject(s) of an ICE detainer request.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Coconino County (Coconino), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Detention - criteria

Detention - procedures