Case: In re Hutto Family Detention Center

1:07-cv-00164 | U.S. District Court for the Western District of Texas

Filed Date: March 6, 2007

Closed Date: Oct. 6, 2009

Clearinghouse coding complete

Case Summary

On March 6, 2007, attorneys with the national ACLU Foundation, the ACLU Immigrants' Rights Project, the ACLU National Prison project, the ACLU of Texas, the University of Texas School of Law Immigration Clinic, and private counsel filed ten separate lawsuits in the U.S. District Court for the Western District of Texas challenging the conditions of confinement for immigrant children and their families who were detained by U.S. Immigration and Customs Enforcement at the T. Don Hutto Detention Cen…

On March 6, 2007, attorneys with the national ACLU Foundation, the ACLU Immigrants' Rights Project, the ACLU National Prison project, the ACLU of Texas, the University of Texas School of Law Immigration Clinic, and private counsel filed ten separate lawsuits in the U.S. District Court for the Western District of Texas challenging the conditions of confinement for immigrant children and their families who were detained by U.S. Immigration and Customs Enforcement at the T. Don Hutto Detention Center in Taylor, Texas. Additional lawsuits were subsequently filed, and eventually twenty such suits were consolidated by the District Court (Judge Sam Sparks) as In re Hutto Family Detention Center, No. 1:07-cv-00164-SS.

Plaintiffs asserted claims for alleged violations of the 1997 Settlement Agreement in Flores v. Meese, No. 85-cv-4544 (C.D. Cal.). In Flores, the U.S. Department of Justice settled a class action lawsuit brought by minor immigrant detainees by agreeing to establish minimum standards and conditions for the housing and release of all minors in federal immigration custody. The Agreement provided that: (1) children would generally be released promptly to their parents or designated family members, or, if necessary, to shelters and unrelated custodians; (2) those class members who remained in ICE's custody must be placed in the least restrictive setting possible, generally a facility or home licensed for the care of dependent, non-delinquent minors; and (3) regardless of where they were housed, detained minors were to be guaranteed a range of basic educational, health, social, and other benefits and rights. The Agreement also explicitly provided at Paragraph 24 that any minor in federal immigration custody who believed that the conditions of his/her detention failed to meet the established minimum standard of care could file suit in federal court to seek redress.

The lawsuits filed by the Hutto detainees all invoked Paragraph 24 of the Flores Agreement and alleged that conditions at Hutto violated virtually every single provision of the Flores Settlement Agreement. Plaintiffs alleged that Hutto was operated as a medium security prison, where children were: (1) required to wear prison uniforms; (2) confined to small cells; (3) denied access to adequate medical, dental, and mental health treatment; (4) denied adequate educational opportunities; and (5) frequently disciplined by guards who threatened to permanently separate them from their parents.

The lawsuits sought a temporary restraining order and a preliminary injunction, requesting the release of the detained children and their families under reasonable conditions of supervision, and for an order prohibiting the government from separating the children from their parents. The government denied the allegations and opposed injunctive relief.

On April 9, 2007, the District Court (Judge Sparks) held a hearing on plaintiffs' request for a preliminary injunction. The Court granted plaintiffs' request in part and denied it in part, denying the request for the children's immediate release, but finding that the conditions at Hutto violated the Flores Agreement and that plaintiffs were likely to prevail at trial. 2007 WL 1074070. Judge Sparks determined that a full evidentiary hearing was necessary to determine the extent of the violations and the appropriate remedy. The case was set for trial in August 2007.

On April 18, 2007, the government moved to dismiss the case, or in the alternative, to stay proceedings to allow settlement talks to proceed. Judge Sparks denied the motion on May 10.

Settlement negotiations ensued and the case was submitted to mediation, where it was ultimately resolved in July 2007. A formal Settlement Agreement was reached and approved by the Court on August 29, 2007. The Agreement called for a number of substantial reforms, including changes in the areas of recreation, educational programming, guard training, improved medical care, visitation, food service and privacy, and elimination of 12-hour-a-day cell lock-down. Compliance was to be monitored by federal Magistrate Judge Andrew W. Austin, who was to conduct periodic inspections of the Hutto facility. The agreement was set to terminate at the first of three events: the publication in the federal register of final regulations implementing the Flores Agreement, the discontinuance of use of Hutto as a family residential center, and the passage of two years.

On July 2, 2009, Magistrate Judge Austin issued his final compliance report, finding that Hutto had made significant progress in many areas, and especially in mental health services, but that food, communication between residents and staff, and staff behavior toward residents continued to be areas of concern, and that the facility, which was originally constructed as a jail, was ultimately ill-suited to its current use.

On August 6, 2009, the federal government announced that it would cease housing families in the Hutto center, and by September 17, 2009, the last families had been transferred to a smaller facility in Pennsylvania or released subject to home or electronic monitoring. The Court (Judge Sparks) dismissed the case on October 6.

Summary Authors

Christopher Schad (6/8/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6496133/parties/in-re-hutto-family-detention-center/


Judge(s)

Austin, Andrew W. (Texas)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Bhat, Ghouri (Texas)

Bussiere, Alice (California)

Gorman, Sean (Texas)

Graybill, Lisa Shawn (Texas)

Gupta, Vanita (New York)

Hines, Barbara (Texas)

Holguín, Carlos R. (California)

Jawetz, Tom-Tsvi M. (District of Columbia)

Judge(s)

Austin, Andrew W. (Texas)

Sparks, Sam (Texas)

Attorneys(s) for Plaintiff

Bhat, Ghouri (Texas)

Bussiere, Alice (California)

Gorman, Sean (Texas)

Graybill, Lisa Shawn (Texas)

Gupta, Vanita (New York)

Hines, Barbara (Texas)

Holguín, Carlos R. (California)

Jawetz, Tom-Tsvi M. (District of Columbia)

Johnson, Mordecai (South Carolina)

Lable, Stephen J. (Massachusetts)

Morales, James (California)

Mukherjee, Elora (New York)

Parker, Dennis D. (New York)

Rabinovitz, Judy (New York)

Schey, Peter A. (California)

Attorneys(s) for Defendant

Boswell, Susan G. (Arizona)

Candaux, Mary Jane (District of Columbia)

Gonzales, Alberto (District of Columbia)

Keisler, Peter D. (District of Columbia)

Kline, David J. (District of Columbia)

Lawrence, Victor M. (District of Columbia)

Paniszczyn, John Francis (District of Columbia)

Strathern, Arthur (District of Columbia)

Sutton, David P. (District of Columbia)

Wiggers, Edward (District of Columbia)

Willis, Jeffrey (Arizona)

Expert/Monitor/Master

Argueta, Sylvia (California)

Hausman, Allen W. (District of Columbia)

Rosenbaum, Mark Dale (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Oct. 6, 2009 Docket
2-1

Appendix in Support of Plaintiff's [March 6 Motions]: The Flores Settlement

Bunikyte v. Chertoff

March 6, 2007 Pleading / Motion / Brief
2

Plaintiff’s Motion for a Temporary Restraining Order to Prevent Separation from Her Mother

Bunikyte v. Chertoff

March 6, 2007 Pleading / Motion / Brief
1

Complaint for Declaratory and Injunctive Relief

Bunikyte v. Chertoff

U.S. District Court for the Southern District of Texas

March 6, 2007 Complaint
3

Plaintiff's Motion for a Preliminary Injunction Ordering Her Immediate Release from Hutto with Her Mother Under Conditions of Supervision, and Permitting Her Counsel and Experts to Inspect the Facility and Examine Plaintiff

Bunikyte v. Chertoff

March 6, 2007 Pleading / Motion / Brief
2-1

Appendix in Support of Plaintiff's [March 6 Motions]: Declarations of Residents, Plaintiff's Attorneys, and Medical Experts

Bunikyte v. Chertoff

March 6, 2007 Pleading / Motion / Brief
21

Plaintiff’s Reply In Support Of Her Motion For A Preliminary Injunction Ordering Her Immediate Release From Hutto With Her Mother

Bunikyte v. Chertoff

March 19, 2007 Pleading / Motion / Brief
23

Order

Emptage v. Chertoff

March 22, 2007 Order/Opinion
32

Plaintiffs' Supplemental Brief in Support of their Motions for Preliminary Injunction

Emptage v. Chertoff

March 29, 2007 Pleading / Motion / Brief

Appendix in Support of Plaintiffs' Supplemental Brief in Support of their Motions for Preliminary Injunction

Emptage v. Chertoff

March 29, 2007 Pleading / Motion / Brief

Resources

Title Description External URL

How Mainstream Reformers Design Ambitious Reentry Programs Doomed to Fail and Destined to Reinforce Targeted Mass Incarceration and Social Control

Gerald P. Lopez

Ambitious reentry programs always have been the right and the wise thing to do. That is true, whether you regard yourself as hugely in favor of the "get tough on crime" (and its "War on Drugs") or hu… Jan. 1, 2014 https://repository.uchastings.edu/hastings_race_poverty_law_journal/vol11/iss1/1/

Cosmopolitan Democracy and the Detention of Immigrant Families

Rebecca Sharpless

This Article employs the cosmopolitan political theory of Seyla Benhabib as a framework for understanding the U.S. government’s shifting decisions about family detention and immigration policy more g… Jan. 1, 2017 https://repository.law.miami.edu/cgi/viewcontent.cgi?article=1483&context=fac_articles

Detaining Families: A Study of Asylum Adjudication in Family Detention

Ingrid Eagly, Steven Shafer, Jana Whalley

This Article presents the findings of the first national study of the practice of detaining families as they pursue relief in United States immigration courts. The records the authors analyze were ob… Jan. 1, 2018 https://www.americanimmigrationcouncil.org/research/detaining-families-a-study-of-asylum-adjudication-in-family-detention

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6496133/in-re-hutto-family-detention-center/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT ( Filing fee $ 350 receipt number 405299), filed by Saule Bunikyte. (Attachments: # 1 Exhibit part 1 of 1)(tdk, ) (Entered: 03/06/2007)

1 Exhibit part 1 of 1

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March 6, 2007 PACER
2

MOTION for Temporary Restraining Order by Saule Bunikyte. (Attachments: # 1 Appendix part 1 of 5# 2 Appendix part 2 of 5# 3 Appendix part 3 of 5# 4 Appendix part 4 of 5# 5 Appendix part 5 of 5)(tdk, ) (Entered: 03/06/2007)

1 Appendix part 1 of 5

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2 Appendix part 2 of 5

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3 Appendix part 3 of 5

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4 Appendix part 4 of 5

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5 Appendix part 5 of 5

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March 6, 2007 RECAP
3

MOTION for Preliminary Injunction by Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
4

MOTION for Leave to Exceed Page Limitation of Plaintiff's motion for temporary restraining order and motion for a preliminary injunction by Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
5

MOTION to Appear Pro Hac Vice by Tom-Tsvi M. Jawetz by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
6

MOTION to Appear Pro Hac Vice by Gouri Bhat by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
7

MOTION to Appear Pro Hac Vice by Vanita Gupta by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
8

MOTION to Appear Pro Hac Vice by Lisa Graybill by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
9

MOTION to Appear Pro Hac Vice by Elora Mukherjee by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
10

MOTION to Appear Pro Hac Vice by Judy Rabinovitz by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
11

MOTION to Appear Pro Hac Vice by Dennis Parker by on behalf of Saule Bunikyte. (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
12

Summons Issued as to Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash, U.S. Attorney and U.S. Attorney General (tdk, ) (Entered: 03/06/2007)

March 6, 2007 PACER
13

ORDER denying 2 Motion for TRO Signed by Judge Sam Sparks. (ja, ) (Entered: 03/07/2007)

March 6, 2007 RECAP

ORDER Setting Hearing on 3 MOTION for Preliminary Injunction: Motion Hearing set for 3/20/2007 09:00 AM before Honorable Sam Sparks.. Signed by Judge Sam Sparks. (see doc # 13 for order) (ja, )

March 6, 2007 PACER

Pro Hac Vice Fee Paid by Gouri Bhat, Lisa Graybill, Vanita Gupta, Dennis Parker; Filing fee $ 100.00, receipt number 405318. (ja, )

March 9, 2007 PACER

Pro Hac Vice Fee Paid by Tom-Tsvi M. Jawetz, Elora Mukherjee, Judy Rabinovitz; Filing fee $ 75.00, receipt number 405317. (ja, )

March 9, 2007 PACER
14

ORDER granting Dr. Clark access to T. Don Hutto Family Res. Cntr...... Signed by Judge Sam Sparks. (ja, ) (Entered: 03/13/2007)

March 13, 2007 PACER
15

MOTION to Appear Pro Hac Vice by Stephen Maurice Ryan for Stephen J. Lable by on behalf of Saule Bunikyte. (Ryan, Stephen) (Entered: 03/16/2007)

March 16, 2007 PACER
16

MOTION for Leave to Exceed Page Limitation by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 03/16/2007)

March 16, 2007 PACER
17

Memorandum in Opposition to Motion re 3 MOTION for Preliminary Injunction Reply to Equitable Remedies Sought By Plaintiff, filed by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Affidavit Declarations of Moore/Perry# 2 Exhibit Exhibits 1, 2)(Lawrence, Victor) (Entered: 03/16/2007)

1 Affidavit Declarations of Moore/Perry

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2 Exhibit Exhibits 1, 2

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March 16, 2007 RECAP
18

DEFICIENCY NOTICE to Atty Lawrence: re 16 MOTION for Leave to Exceed Page Limitation. Certificate of service is deficient. See notice. (ja, ) (Entered: 03/19/2007)

March 16, 2007 PACER
19

DEFICIENCY NOTICE to Atty Lawrence: re 17 Memorandum in Opposition to Motion. Certificate of Service is deficient. See notice for instructions. (ja, ) (Entered: 03/19/2007)

March 19, 2007 PACER
20

MOTION for Leave to Exceed Page Limitation in Plaintiff's Reply in Support of Her Motion for a Preliminary Injunction by Saule Bunikyte. (Attachments: # 1 Proposed Order)(Graybill, Lisa) (Entered: 03/19/2007)

1 Proposed Order

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March 19, 2007 PACER
21

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction, filed by Saule Bunikyte. (Attachments: # 1 Appendix Part 1 of 8# 2 Appendix Part 2 of 8# 3 Appendix Part 3 of 8# 4 Appendix Part 4 of 8# 5 Appendix Part 5 of 8# 6 Appendix Part 6 of 8# 7 Appendix Part 7 of 8# 8 Appendix Part 8 of 8)(Graybill, Lisa) (Entered: 03/19/2007)

1 Appendix Part 1 of 8

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2 Appendix Part 2 of 8

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3 Appendix Part 3 of 8

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4 Appendix Part 4 of 8

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5 Appendix Part 5 of 8

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6 Appendix Part 6 of 8

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7 Appendix Part 7 of 8

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8 Appendix Part 8 of 8

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March 19, 2007 RECAP
22

ORDER granting 15 Motion to Appear Pro Hac Vice as to Stephen Lable Signed by Judge Sam Sparks. (ja, ) (Entered: 03/20/2007)

March 19, 2007 PACER
23

Minute Entry for proceedings held before Judge Sam Sparks : Motion Hearing held on 3/20/2007 re 3 MOTION for Preliminary Injunction filed by Saule Bunikyte, (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.) (ja, ) (Entered: 03/21/2007)

March 20, 2007 PACER
26

Witness List. (ja, ) (Entered: 03/26/2007)

March 20, 2007 PACER
28

Exhibit List by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash, Saule Bunikyte.. (dm, ) (Entered: 03/26/2007)

March 20, 2007 PACER

ORAL ORDER granting 5 Motion to Appear Pro Hac Vice, granting 6 Motion to Appear Pro Hac Vice, granting 7 Motion to Appear Pro Hac Vice, granting 8 Motion to Appear Pro Hac Vice, granting 9 Motion to Appear Pro Hac Vice, granting 10 Motion to Appear Pro Hac Vice, granting 11 Motion to Appear Pro Hac Vice Signed by Judge Sam Sparks. (ja, )

March 20, 2007 PACER

Pro Hac Vice Fee Paid by Stephen J. Lable; Filing fee $ 25, receipt number 405513. (ja, )

March 20, 2007 PACER
24

ORDER for briefs....lifting restrictions on atty visits... . Signed by Judge Sam Sparks. (ja, ) (Entered: 03/22/2007)

March 22, 2007 PACER
25

NOTICE Status Report by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash (Lawrence, Victor) (Entered: 03/23/2007)

March 23, 2007 PACER
27

SUPPLEMENT to 17 Memorandum in Opposition to Motion, Supplement to Defendants' Reply to Equitable Remedies Sought By Plaintiffs by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Affidavit Declaration of Marc J. Moore 03.26.07# 2 Exhibit Exhibit A to MJM Declaration# 3 Exhibit Exhibit B to MJM Declaration# 4 Exhibit Exhibit C to MJM Declaration# 5 Exhibit Exhibit D to MJM Declaration# 6 Exhibit Exhibit E to MJM Declaration# 7 Exhibit Exhibit F to MJM Declaration# 8 Exhibit Exhibit G to MJM Declaration# 9 Exhibit Exhibit H to MJM Declaration)(Lawrence, Victor) Modified on 4/6/2007 to delete exhibits- SEALED BY COURT ON 4/6/07 (ja, ). (Entered: 03/26/2007)

1 Affidavit Declaration of Marc J. Moore 03.26.07

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March 26, 2007 PACER
29

TRANSCRIPT of Proceedings held on March 20, 2007. Proceedings Transcribed:Injunction for Equitable Relief. Court Reporter: Lily Reznik. NOTE: Transcript document is not available online. (original transcript filed in A-07-cv-158) (ja, ) (Entered: 03/28/2007)

March 27, 2007 PACER
30

SUPPLEMENT to 25 Notice (Other) SUPPLEMENT TO STATUS REPORT FILED ON MARCH 23, 2007 by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 03/28/2007)

March 28, 2007 PACER
31

SUMMONS Returned Executed Michael Chertoff; Julie L. Myers; John P. Torres; Marc Moore; Gary Mead; Simona Colon; AND John Pogash ALL served on 3/14/2007, answers due 5/14/2007. (ja, ) (Entered: 03/29/2007)

March 28, 2007 PACER
32

BRIEF by Saule Bunikyte. (Graybill, Lisa) (Entered: 03/29/2007)

March 29, 2007 PACER
33

MOTION for Leave to Exceed Page Limitation by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 03/29/2007)

March 29, 2007 PACER
34

SUPPLEMENTAL MEMORANDUM to 17 Memorandum in Opposition to Motion,, 27 Supplement,, Defendants' Supplemental Brief and Filing of Additional Evidence by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 # 2 # 3 # 4)(Lawrence, Victor) Modified on 4/6/2007 to delete exhibits 6&7- SEALED BY COURT ON 4/6/07 (ja, ). (Entered: 03/29/2007)

March 29, 2007 PACER
35

ATTACHMENT Exhibit 5 to Supplemental Memorandum to 34 Supplemental Memorandum, by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) Additional attachment(s) added on 4/11/2007 (ja, ). Modified on 4/11/2007 to replace SEALED document per order on 4/11/07 (ja, ). (Entered: 03/30/2007)

March 30, 2007 PACER
36

MOTION for Leave to Exceed Page Limitation by Saule Bunikyte. (Graybill, Lisa) (Entered: 04/02/2007)

April 2, 2007 PACER
37

ORDER granting 36 Motion for Leave to File Excess Pages Signed by Judge Sam Sparks. (ja, ) (Entered: 04/04/2007)

April 3, 2007 PACER
38

MOTION for Leave to Exceed Page Limitation by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 04/05/2007)

April 5, 2007 PACER
39

SUPPLEMENTAL MEMORANDUM to 32 Brief, 34 Supplemental Memorandum, Defendant's Reply to Plaintiffs' Supplemental Brief by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 04/05/2007)

April 5, 2007 PACER
40

BRIEF by Saule Bunikyte Response Brief. (Attachments: # 1 Appendix Appendix of Exhibits# 2 Exhibit Lisa Graybill Declaration with Attachments# 3 Exhibit John Sargent Declaration and CV# 4 Exhibit INS Memoranda# 5 Exhibit Griselda Ponce letter to Marc Moore)(Graybill, Lisa) (Entered: 04/05/2007)

1 Appendix Appendix of Exhibits

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2 Exhibit Lisa Graybill Declaration with Attachments

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3 Exhibit John Sargent Declaration and CV

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4 Exhibit INS Memoranda

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5 Exhibit Griselda Ponce letter to Marc Moore

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April 5, 2007 PACER
41

MOTION for Leave to Exceed Page Limitation by Saule Bunikyte. (Graybill, Lisa) (Entered: 04/05/2007)

April 5, 2007 PACER
42

ORDER granting 38 Motion for Leave to File Excess Pages Signed by Judge Sam Sparks. (ja, ) (Entered: 04/06/2007)

April 6, 2007 PACER
43

ORDER granting 41 Motion for Leave to File Excess Pages Signed by Judge Sam Sparks. (ja, ) (Entered: 04/06/2007)

April 6, 2007 PACER
44

SUPPLEMENT to 40 Brief, Response Brief by Saule Bunikyte. (Lable, Stephen) (Entered: 04/06/2007)

April 6, 2007 PACER
45

ATTACHMENT Ex.KK to 44 Supplement by Saule Bunikyte. (Lable, Stephen) (Entered: 04/06/2007)

April 6, 2007 PACER
46

Order Sealing EXHIBITS contained juvenile's medical records. Signed by Judge Sam Sparks. (ja, ) (Entered: 04/06/2007)

April 6, 2007 PACER
47

ORDER granting in part and denying in part 3 Motion for Preliminary Injunction, ORDER that Marc Moore be present at all further hearings, ORDERED the case is set for trial in August 2007, parties to submit proposed scheduling order Signed by Judge Sam Sparks. (ja, ) (Entered: 04/09/2007)

April 9, 2007 RECAP
48

Order Sealing Document containing medical records 35 . Signed by Judge Sam Sparks. (ja, ) (Entered: 04/11/2007)

April 11, 2007 PACER
49

ORDER that the above styled cases shall be consolidated for all purposes under the case style In re Hutto Family Detention Center, Case No. A-07-CA-164-SS.. Signed by Judge Sam Sparks. (jk, ) (Entered: 04/13/2007)

April 13, 2007 PACER
50

AMENDED ORDER re 48 Order Sealing EXHIBITS containing medical records 35 . Signed by Judge Sam Sparks. (jk, ) Modified on 4/13/2007 to correct document link (jk, ). (Entered: 04/13/2007)

April 13, 2007 PACER
51

AMENDED ORDER re 46 Order Sealing EXHIBITS containing juvenile's medical records. Signed by Judge Sam Sparks. (jk, ) (Entered: 04/13/2007)

April 13, 2007 PACER

Notice of Correction: re 50 Order. Corrected document link. (jk, )

April 13, 2007 PACER
52

NOTICE of Voluntary Dismissal by Sherona Verdieu (Lable, Stephen) (Entered: 04/18/2007)

April 18, 2007 PACER
53

MOTION to Dismiss and, in the Alternative, Motion to Stay Proceedings to Enable Parties to Devote Full Resources to Resolving All Claims Brought Under Paragraph 24 of the Flores Settlement Agreement by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Exhibit A-D)(Lawrence, Victor) (Entered: 04/18/2007)

1 Exhibit A-D

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April 18, 2007 PACER
54

Proposed Order to 53 by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) Modified on 4/18/2007 to correct event (ja, ). (Entered: 04/18/2007)

April 18, 2007 PACER

MOTION to Stay (contained in doc 53 ) by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (td, )

April 18, 2007 PACER
55

ORDER of dismissal, granting re 52 Notice of Voluntary Dismissal filed by Sherona Verdieu, . Signed by Judge Sam Sparks. (ja, ) (Entered: 04/19/2007)

April 19, 2007 PACER
56

Scheduling Recommendations/Proposed Scheduling Order In re Hutto Family Detention Center by Egle Baubonyte. (Attachments: # 1 Exhibit Ex. A, Declaration of Vanita Gupta, April 23, 2007# 2 Exhibit Ex. A, Attachment 1# 3 Exhibit Ex. A, Attachment 2)(Graybill, Lisa) (Entered: 04/23/2007)

1 Exhibit Ex. A, Declaration of Vanita Gupta, April 23, 2007

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2 Exhibit Ex. A, Attachment 1

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3 Exhibit Ex. A, Attachment 2

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April 23, 2007 PACER
57

Scheduling Recommendations/Proposed Scheduling Order and Request for the Court to Assign a Magistrate to Facilitate Settlement Discussions by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 04/27/2007)

April 27, 2007 PACER
58

Scheduling Recommendations/Proposed Scheduling Order in the Event the Court Denies Defendants' Motion to Dismiss by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 04/27/2007)

April 27, 2007 PACER
59

BRIEF by Egle Baubonyte Response to Defendants' Motion to Dismiss. (Attachments: # 1 Exhibit Ltr from Marc Moore to Griselda Ponce# 2 Exhibit Letter from Marc Moore to Barbara Hines# 3 Exhibit Declaration of Rasa Bunikiene)(Gupta, Vanita) (Entered: 04/30/2007)

1 Exhibit Ltr from Marc Moore to Griselda Ponce

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2 Exhibit Letter from Marc Moore to Barbara Hines

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3 Exhibit Declaration of Rasa Bunikiene

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April 30, 2007 PACER
60

DEFICIENCY NOTICE to Atty Vanita Gupta: re 59 Brief, (ja, ) (Entered: 05/01/2007)

May 1, 2007 PACER
61

ATTACHMENT Proposed Order to 59 Brief, by Egle Baubonyte. (Gupta, Vanita) (Entered: 05/01/2007)

May 1, 2007 PACER
64

ORDER DENYING 57 Request for the Court to Assign a Magistrate Judge to Facilitate Settlement, filed by Michael Chertoff,, John Pogash,, John P. Torres,, Julie L. Myers,, Marc Moore,, Gary Mead,, Simona Colon, DENYING 53 MOTION to Dismiss and, in the Alternative, Motion to Stay Proceedings filed by Michael Chertoff,, John Pogash,, John P. Torres,, Julie L. Myers,, Marc Moore,, Gary Mead,, Simona Colon. Signed by Judge Sam Sparks. (jk, ) (Entered: 05/11/2007)

May 10, 2007 RECAP
65

ORDER Status Conference set for 5/29/2007 08:30 AM in Courtroom before Honorable Sam Sparks.. Signed by Judge Sam Sparks. (jk, ) (Entered: 05/11/2007)

May 10, 2007 PACER
62

REPLY to Response to Motion re 53 MOTION to Dismiss and, in the Alternative, Motion to Stay Proceedings to Enable Parties to Devote Full Resources to Resolving All Claims Brought Under Paragraph 24 of the Flores Settlement Agreement, filed by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Exhibit Exhibits A to E)(Lawrence, Victor) (Entered: 05/11/2007)

1 Exhibit Exhibits A to E

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May 11, 2007 PACER
63

MOTION for Leave to Exceed Page Limitation by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 05/11/2007)

May 11, 2007 PACER
66

ORDER granting 63 Motion for Leave to File Excess Pages Signed by Judge Sam Sparks. (jg3, ) (Entered: 05/17/2007)

May 17, 2007 PACER
67

MOTION for Reconsideration re 64 Order, Terminate Motions,, by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Exhibit Exhibits A and B# 2 Proposed Order)(Lawrence, Victor) (Entered: 05/18/2007)

1 Exhibit Exhibits A and B

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2 Proposed Order

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May 18, 2007 PACER
68

RESPONSE to Motion re 67 MOTION for Reconsideration re 64 Order, Terminate Motions,,, filed by Egle Baubonyte, Sherona Verdieu, Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Saule Bunikyte. (Jawetz, Tom-Tsvi) (Entered: 05/24/2007)

May 24, 2007 PACER
69

DEFICIENCY NOTICE to Atty Tom-Tsvi Jawetz: re 68 Response to Motion (jg3, ) (Entered: 05/24/2007)

May 24, 2007 PACER
70

ATTACHMENT Proposed Order to 68 Response to Motion by Egle Baubonyte. (Gupta, Vanita) (Entered: 05/24/2007)

May 24, 2007 PACER
71

ORDER granting 67 Motion for Reconsideration; dismissing claims of plaintiffs Egle Baubonyte and Saule Bunikyte as moot... Signed by Judge Sam Sparks. (jg3, ) (Entered: 05/29/2007)

May 29, 2007 PACER
72

Minute Entry for proceedings held before Judge Sam Sparks : Status Conference held on 5/29/2007 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jg3, ) (Entered: 05/29/2007)

May 29, 2007 PACER
73

SCHEDULING ORDER: Amended Pleadings due by 6/10/2007.,Joinder of Parties due by 6/10/2007...limiting scope of discovery...set for hearing on August 3...docket call remains set....Andrew W. Austin added.. Signed by Judge Sam Sparks. (jg3, ) (Entered: 05/30/2007)

May 30, 2007 PACER
74

TRANSCRIPT of Proceedings held on May 29, 2007. Proceedings Transcribed:Status Conference. Court Reporter: Lily Reznik. NOTE: Transcript document is not available online. (jg3, ) (Entered: 06/11/2007)

June 11, 2007 PACER
75

Minute Entry for proceedings held before Judge Sam Sparks : Telephone Conference held on 6/11/2007 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jg3, ) (Entered: 06/11/2007)

June 11, 2007 PACER
76

NOTICE of Filing report on inspection of detention facility by Andrew W. Austin (mc2, ) (Entered: 06/13/2007)

June 13, 2007 PACER
77

NOTICE of Voluntary Dismissal by Yarely Maribel Vasquez Sanchez (Attachments: # 1 Proposed Order Proposed Order)(Lable, Stephen) (Entered: 06/15/2007)

1 Proposed Order Proposed Order

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June 15, 2007 PACER
78

NOTICE of Voluntary Dismissal by Yarely Maribel Vasquez Sanchez AMENDED, with Amended Proposed Order (Gupta, Vanita) (Entered: 06/15/2007)

June 15, 2007 PACER
79

Minute Entry for proceedings held before Judge Sam Sparks : Telephone Conference held on 6/20/2007 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(jk, ) (Entered: 06/21/2007)

June 20, 2007 PACER
80

WITNESS/EXHIBIT/EXPERT LIST by Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Andrea Osorio Restrepo, Antony Alexander Marti Grijalva, Jeniffer Castillo-Padilla, Antony Castanon Nartatez, Jonathan Castanon Nartatez, Marco Antonio Toruno-Altamirano, Fredy Lindolofo Pineda-Brisuela, Marusia Razmias, Paola Osorio Restrepo, Gladys Elizabeth Martinez, Jose Fernando Erazo Paredes, Esther Donaire-Padilla, Marjorie Alejandra Martinez Grijalva, Joseline Vanessa Mendez-Sanchez, Kimberly Dayan Sanchez-Ordonez. (Bhat, Gouri) (Entered: 06/22/2007)

June 22, 2007 PACER
81

MOTION to Appear Pro Hac Vice by Stephen J. Lable for Carol A. Lafond by on behalf of Egle Baubonyte, Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Andrea Osorio Restrepo, Antony Alexander Marti Grijalva, Jeniffer Castillo-Padilla, Antony Castanon Nartatez, Jonathan Castanon Nartatez, Marco Antonio Toruno-Altamirano, Fredy Lindolofo Pineda-Brisuela, Marusia Razmias, Paola Osorio Restrepo, Gladys Elizabeth Martinez, Jose Fernando Erazo Paredes, Esther Donaire-Padilla, Marjorie Alejandra Martinez Grijalva, Joseline Vanessa Mendez-Sanchez, Kimberly Dayan Sanchez-Ordonez. (Lable, Stephen) (Entered: 07/06/2007)

July 6, 2007 PACER
82

Amended MOTION to Appear Pro Hac Vice by Stephen J. Lable for Carol A. Lafond by on behalf of Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Andrea Osorio Restrepo, Antony Alexander Marti Grijalva, Jeniffer Castillo-Padilla, Antony Castanon Nartatez, Jonathan Castanon Nartatez, Marco Antonio Toruno-Altamirano, Fredy Lindolofo Pineda-Brisuela, Marusia Razmias, Paola Osorio Restrepo, Gladys Elizabeth Martinez, Jose Fernando Erazo Paredes, Esther Donaire-Padilla, Marjorie Alejandra Martinez Grijalva, Joseline Vanessa Mendez-Sanchez, Kimberly Dayan Sanchez-Ordonez. (Lable, Stephen) (Entered: 07/06/2007)

July 6, 2007 PACER
83

ORDER terminating 81 Motion to Appear Pro Hac Vice; granting 82 Motion to Appear Pro Hac Vice (Lafond) Signed by Judge Sam Sparks. (jg3, ) (Entered: 07/10/2007)

July 10, 2007 PACER

Pro Hac Vice Fee Paid by Carol A. Lafond; Filing fee $ 25, receipt number 406957. (jg3, )

July 11, 2007 PACER
84

WITNESS/EXHIBIT/EXPERT LIST by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Lawrence, Victor) (Entered: 07/23/2007)

July 23, 2007 PACER
85

ORDER.... Docket Call set for 7/30/2007 01:30 PM in Courtroom before Honorable Sam Sparks.... Signed by Judge Sam Sparks. (jg3, ) (Entered: 07/24/2007)

July 24, 2007 PACER
86

ORDERED that the docket call scheduled for July 30, 2007 and the hearing scheduled for August 3, 2007... are CANCELLED. Signed by Judge Sam Sparks. (td, ) (Entered: 07/27/2007)

July 27, 2007 PACER
87

Notice of Alternative Dispute Resolution Outcome: Setted during ADR. Amount of fee: n/a. (mc2, ) (Entered: 07/27/2007)

July 27, 2007 RECAP
88

SUPPLEMENTAL REPORT OF MEDIATOR...signed by United States Magistrate Judge Austin... (jg3, ) (Entered: 08/08/2007)

Aug. 8, 2007 RECAP
89

MOTION to Continue Defendants' Motion to Postpone Trial Date to Enable the Parties to Continue Settlement Discussions by Michael Chertoff, Julie L. Myers, John P. Torres, Marc Moore, Gary Mead, Simona Colon, John Pogash. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Lawrence, Victor) (Entered: 08/17/2007)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Aug. 17, 2007 PACER
90

MOTION to Continue Trial Date and Set Deadline for Submission of Final Settlement Agreement by Susana Rodriguez Blanco, Yarely Maribel Vasquez Sanchez, Andrea Osorio Restrepo, Antony Alexander Marti Grijalva, Jeniffer Castillo-Padilla, Antony Castanon Nartatez, Jonathan Castanon Nartatez, Marco Antonio Toruno-Altamirano, Fredy Lindolofo Pineda-Brisuela, Marusia Razmias, Paola Osorio Restrepo, Gladys Elizabeth Martinez, Jose Fernando Erazo Paredes, Esther Donaire-Padilla, Marjorie Alejandra Martinez Grijalva, Joseline Vanessa Mendez-Sanchez, Kimberly Dayan Sanchez-Ordonez. (Attachments: # 1 Proposed Order)(Bhat, Gouri) (Entered: 08/20/2007)

1 Proposed Order

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Aug. 20, 2007 PACER
91

ORDER TO SHOW CAUSE: Show Cause Hearing set for 8/24/2007 02:00 PM before Honorable Sam Sparks.. Signed by Judge Sam Sparks. (jg3, ) (Entered: 08/21/2007)

Aug. 21, 2007 PACER
93

Minute Entry for proceedings held before Judge Sam Sparks : Show Cause Hearing held on 8/24/2007 (Minute entry documents are not available electronically.). Parties to continue mediation with Judge Austin on 8/24/07... (Court Reporter Lily Reznik.)(jg3, ) (Entered: 08/27/2007)

Aug. 24, 2007 PACER

State / Territory: Texas

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: March 6, 2007

Closing Date: Oct. 6, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Immigrant children detained at the the T. Don Hutto Detention Center, Taylor, Texas.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

ACLU National (all projects)

ACLU National Prison Project

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement, Federal

U.S. Department of Homeland Security (Taylor, Williamson), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2007 - 2009

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Constitutional rights

Detention - conditions

Detention - criteria

Family Separation