Civil Rights Litigation Clearinghouse

Case: Texas Civil Rights Project v. Wolf

1:20-cv-02035 | U.S. District Court for the District of Columbia

Filed Date: July 24, 2020

Closed Date: Aug. 6, 2020

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Case Summary

This lawsuit was filed on July 24, 2020 in the U.S. District Court for the District of Columbia. The suit was brought by the Texas Civil Rights Project as next friend for one hundred unaccompanied migrant children who had been arrested by Customs and Border Protection. The plaintiffs were represented by attorneys from the American Civil Liberties Union Immigration Rights Project, the ACLU Foundation of Texas, Oxfam America, the Center for Gender and Refugees Studies, and the ACLU of D.C.. They sued the Acting Secretary of the Department of Homeland Security Chad Wolf, Acting Commissioner of Customs and Border Protection Mark Morgan, Chief of U.S. Border Patrol Rodney Scott, Director of Immigration Customs and Enforcement Matthew Albence, Secretary of HHS Alex Azar, and CDC Director Robert Redfield. The complaint contended that the federal government had implemented a new process of removing immigrant children without providing for adequate protections, especially by holding those children away from their families or other sponsors and by not providing counsel. This process was instituted over a series of regulations, orders, and agency memos that the complaint calls the "Title 42 Process." The complaint argued that this Title 42 Process violated the Trafficking Victims Protection Reauthorization Act (TVPRA), the Administrative Procedure Act (APA), the Public Health Service Act (PHSA), the Foreign Affairs Reform and Restructuring Act (FARRA), and that agencies exceed the power granted to them under the Immigration and Naturalization Act. They requested declaratory relief and injunctive relief that would prohibit the defendants from enforcing the Title 42 Process, stay their removal, grant them counsel, and grant the children TVPRA protections.

The case was assigned to Judge Beryl A. Howell.

A few weeks later, on August 6, the plaintiffs voluntarily dismissed the case, even before defendants responded -- they did not give an explanation as to why they dismissed the case. In a minute order on August 10, Judge Howell dismissed the case without prejudice and closed the case.

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Summary Authors

Jack Hibbard (8/21/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17382388/parties/texas-civil-rights-project-v-wolf/

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Bookey, Blaine (California)

Crook, Jamie Lorraine (California)

Drake, Brantley Shaw (Texas)

Galindo, Daniel Antonio (New York)

Garza, Rochelle M (Texas)

Harrold, Adrienne (California)

Huddleston, Kathryn (Texas)

Kang, Stephen B. (California)

Michelman, Scott (District of Columbia)

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Bookey, Blaine (California)

Crook, Jamie Lorraine (California)

Drake, Brantley Shaw (Texas)

Galindo, Daniel Antonio (New York)

Garza, Rochelle M (Texas)

Harrold, Adrienne (California)

Huddleston, Kathryn (Texas)

Kang, Stephen B. (California)

Michelman, Scott (District of Columbia)

Musalo, Karen (California)

Perez, Celso Javier (New York)

Russell, Morgan (California)

Segura, Andre (Texas)

Silverman, Robert (Massachusetts)

Spitzer, Arthur (District of Columbia)

Wofsy, Cody H. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
	Docket [PACER]	Aug. 10, 2020	Docket
1	Complaint for Declaratory and Injunctive Relief	July 24, 2020	Complaint
10	Plaintiffs' Notice of Voluntary Dismissal without Prejudice	Aug. 6, 2020	Pleading / Motion / Brief

Resources

Title	Description		External URL
The Origins of Fair Lending Litigation Andrew Nash	This paper describes the origins of fair lending litigation in the 1970s. It documents two litigation strategies, one aimed at discriminatory lenders in local communities and a second at the federal …	Dec. 4, 2008	http://ssrn.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17382388/texas-civil-rights-project-v-wolf/

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

ECF Number	Description	Date	Link
1	COMPLAINT against MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, CHAD F. WOLF ( Filing fee $ 400 receipt number ADCDC-7384883) filed by TEXAS CIVIL RIGHTS PROJECT. (Attachments: # 1 Civil Coversheet, # 2 Summons for All Defendants, U.S. Attorney, and U.S. Attorney General)(Perez, Celso) (Entered: 07/24/2020) 1 Civil Coversheet View on PACER 2 Summons for All Defendants, U.S. Attorney, and U.S. Attorney General View on PACER	July 24, 2020	RECAP
2	WITHDRAWN PURSUANT TO 4 NOTICE FILED 7/26/2020..... MOTION for Temporary Restraining Order by TEXAS CIVIL RIGHTS PROJECT (Attachments: # 1 Memorandum in Support, # 2 Exhibit to Memorandum in Support of Motion, # 3 Declaration of Daniel Galindo, # 4 Declaration of Efren C. Olivares, # 5 Declaration of Linda Corchado, # 6 Declaration of Maria Odom, # 7 Text of Proposed Order)(Perez, Celso) Modified on 7/30/2020 (znmw). (Entered: 07/24/2020) 1 Memorandum in Support View on PACER 2 Exhibit to Memorandum in Support of Motion View on RECAP 3 Declaration of Daniel Galindo View on RECAP 4 Declaration of Efren C. Olivares View on RECAP 5 Declaration of Linda Corchado View on RECAP 6 Declaration of Maria Odom View on RECAP 7 Text of Proposed Order View on PACER	July 24, 2020	RECAP
3	NOTICE of Statement Regarding Other Pending Cases by TEXAS CIVIL RIGHTS PROJECT (Perez, Celso) (Entered: 07/24/2020)	July 24, 2020	RECAP
4	NOTICE OF WITHDRAWAL OF MOTION by TEXAS CIVIL RIGHTS PROJECT re 2 MOTION for Temporary Restraining Order (Perez, Celso) (Entered: 07/26/2020)	July 26, 2020	PACER
	Case Assigned to Chief Judge Beryl A. Howell. (adh, )	July 27, 2020	PACER
5	SUMMONS (9) Issued Electronically as to MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, CHAD F. WOLF, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 07/27/2020) 1 Notice and Consent View on PACER	July 27, 2020	PACER
6	NOTICE to the Court by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, CHAD F. WOLF (Lin, Jean) (Entered: 07/27/2020)	July 27, 2020	RECAP
	Case Assigned/Reassigned	July 27, 2020	PACER
7	NOTICE (Corrected Notice) to the Court by MATTHEW T. ALBENCE, ALEX M. AZAR, II, MARK A. MORGAN, TODD C. OWEN, ROBERT R. REDFIELD, RODNEY S. SCOTT, CHAD F. WOLF re 6 Notice (Other) (Lin, Jean) (Entered: 07/28/2020)	July 28, 2020	RECAP
8	STANDING ORDER. Signed by Chief Judge Beryl A. Howell on July 31, 2020. (lcbah2) (Entered: 07/31/2020)	July 31, 2020	RECAP
9	NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 08/03/2020)	Aug. 3, 2020	PACER
10	NOTICE of Voluntary Dismissal by TEXAS CIVIL RIGHTS PROJECT (Perez, Celso) (Entered: 08/06/2020)	Aug. 6, 2020	RECAP
	MINUTE ORDER (paperless) DISMISSING, in light of the plaintiffs' 10 Notice of Voluntary Dismissal Without Prejudice, this case without prejudice, since defendants have filed neither an answer to the complaint nor a motion for summary judgment in this case, see Fed. R. Civ. P. 41(a)(1)(A)(i); and further DIRECTING the Clerk of the Court to close this case. Signed by Chief Judge Beryl A. Howell on August 10, 2020. (lcbah2)	Aug. 10, 2020	PACER
	.Order	Aug. 10, 2020	PACER