Case: Abimbola v. Robinson

4:04-cv-01017 | U.S. District Court for the Northern District of Alabama

Filed Date: May 17, 2004

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On May 17, 2004, 22 individuals detained for alleged immigration violations at the Etowa County Detention center in Alabama filed a pro se class action lawsuit against the U.S. Immigration and Customs Enforcement (ICE) pursuant to 42 U.S.C § 1983 in the United States District Court for the Northern District of Alabama, challenging the conditions of their confinement. Plaintiffs claimed numerous constitutional violations, which included: (1) no access to legal materials, (2) no telephone access,…

On May 17, 2004, 22 individuals detained for alleged immigration violations at the Etowa County Detention center in Alabama filed a pro se class action lawsuit against the U.S. Immigration and Customs Enforcement (ICE) pursuant to 42 U.S.C § 1983 in the United States District Court for the Northern District of Alabama, challenging the conditions of their confinement. Plaintiffs claimed numerous constitutional violations, which included: (1) no access to legal materials, (2) no telephone access, (3) assault and abuse, (4) retaliatory transfers, (5) no outdoor recreation, (6) inadequate medical care, (7) poor food services and (8) denial of religious freedom. Plaintiffs sought declaratory and injunctive relief as well as compensatory and punitive damages. Plaintiffs also moved for class certification.

The District Court (Judge Robert B. Propst) immediately denied the request for class certification and ordered the Clerk to open individual case files for each named plaintiff.

The case was referred to a magistrate judge to issue a report and recommendation on the viability of plaintiff's claims. Following the magistrate's report, on October 26, 2006, Judge Propst ordered that all claims be dismissed, except plaintiff's claim that he was denied access to outdoor recreation.

In the interim, Plaintiff filed a motion for a preliminary injunction, requesting that the Court order that he be transferred from Etowah County Detention Center. Subsequent to plaintiff's motion, he was deported from the United States. Defendants moved to dismiss the case, arguing that plaintiff's request for injunctive relief was moot given plaintiff's deportation.

Ultimately, Judge Propst dismissed the case without prejudice in March 2007 for lack of prosecution, in light of plaintiff's deportation.

Summary Authors

Miles Chan (7/5/2007)

People


Judge(s)

Davis, Harwell G. III (Alabama)

Propst, Robert Bruce (Alabama)

Attorneys(s) for Defendant

Bell, John C. (Alabama)

Johnson, Winthrop E. (Alabama)

Masters, Daryl L. (Alabama)

Judge(s)

Davis, Harwell G. III (Alabama)

Propst, Robert Bruce (Alabama)

Attorneys(s) for Defendant

Bell, John C. (Alabama)

Johnson, Winthrop E. (Alabama)

Masters, Daryl L. (Alabama)

Documents in the Clearinghouse

Document

4:04-cv-01017

Docket

March 20, 2007

March 20, 2007

Docket
1

4:04-cv-01017

Complaint

May 19, 2004

May 19, 2004

Complaint

4:04-cv-01017

Complaint under the Civil Act 42 U.S.C. Section 1983 for Compensatory and Punitive Relief

Andrade v. Hayes

Aug. 16, 2004

Aug. 16, 2004

Complaint

4:04-cv-01235

Amended Petition for Civil Rights Act 42 U.S.C. Section 1983 and Civil Rights Complaint Pursuant to Title 28 U.S.C. Section 1331

Andrade v. Robinson

Aug. 30, 2004

Aug. 30, 2004

Complaint
19

4:04-cv-01017

Order Dismissing Plaintiff's claims

July 10, 2006

July 10, 2006

Order/Opinion
34-1

4:04-cv-01017

Defendant's Objections to Plaintiff's Reply to Defendants' Response

Nov. 20, 2006

Nov. 20, 2006

Pleading / Motion / Brief
37

4:04-cv-01017

Order Dismissing Case

March 20, 2007

March 20, 2007

Order/Opinion

Resources

Docket

Last updated July 22, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed (referred to Mag-Judge Harwell G. Davis III ) (MAA) (Entered: 05/19/2004)

May 17, 2004

May 17, 2004

Clearinghouse
2

MOTION by plaintiff Rafiu Abimbola for order for class certification filed (MAA) (Entered: 05/19/2004)

May 17, 2004

May 17, 2004

3

DECLARATION in support of request to proceed ifp by plaintiff Rafiu Abimbola filed (MAA) (Entered: 05/19/2004)

May 17, 2004

May 17, 2004

4

ORDER-Complaint deemed to have been filed by first named pla, Rufiu Abimbola; Clerk DIRECTED to make 21 copies of complaint, open new and separate cases for each named inmate, denying motion for order for class certification [2-1] filed ( by Judge Robert B. Propst ) cm (MAA) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

DOCKET modification (utility event) terminating party Jose Gonzales, party Franklin Moreno, party Eric Bell, party Claud Williams, party Hubert Taylor, party Patrick Brown, party Raed Jaghama, party Bandioujau Sacko, party Dervin Heaven, party Adriono Quante, party Okechucwu Amadi, party Enirque Lopez, party Christian Gonzalez, party Jean Dorival, party Agusto Moreira, party Abdul K Muhammad, party Hussien Nasrallah, party Nico Benn, party Leroy Bacchus, party Alexander W Ndaula, party Adalberto M Andrade see doc #4 (MAA) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

5

RESPONSE by plaintiff Leroy Bacchus filed (MAA) (Entered: 06/18/2004)

June 17, 2004

June 17, 2004

6

ORDER -Pla must correct the deficient pleading w/iu 30 days as set out filed ( by Mag-Judge Harwell G. Davis III ) cm (MAA) (Entered: 06/30/2004)

June 29, 2004

June 29, 2004

7

OPPOSITION by plaintiff Rafiu Abimbola to order [4-1] filed (MAA) (Entered: 07/08/2004)

July 8, 2004

July 8, 2004

8

MOTION by plaintiff Rafiu Abimbola to proceed in forma pauperis with affidavit of Rafiu Abimbola attached filed (MAA) (Entered: 07/15/2004)

July 14, 2004

July 14, 2004

10

ORDER -"Notice of Appeal" (doc #7) is construed as motion for reconsideration of 6/15/04 order and is DENIED filed ( by Judge Robert B. Propst ) cm (MAA) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

11

ORDER terming motion (application) of pla to proceed IFP; pla is directed to pay a partial filing fee of $ 8.40 and sign the attached consent form failing which the case will be dismissed w/o further notice filed ( by Magistrate-Judge Paul W. Greene for U. S. Magistrate Harwell G. Davis III ) cm (MAA) (Entered: 09/13/2004)

Sept. 13, 2004

Sept. 13, 2004

12

MOTION by plaintiff Rafiu Abimbola for reconsideration of order requesting partial/full payment of filing fees and denying motion for class certification filed cs (Former Employee) (Entered: 10/01/2004)

Sept. 30, 2004

Sept. 30, 2004

13

ORDER Pla ORDERED to certify in writing and under oath that he is not presently accused of, convicted of, sentenced for, ar adjudicated delinquent for violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program wi U.S.C. 1915(h). Signed by Judge Harwell G Davis III on 11/18/04. (MAA, ) (Entered: 11/18/2004)

Nov. 18, 2004

Nov. 18, 2004

14

Declaration by Rafiu Abimbola on behalf of himself and "co plaintiffs" certifying that plas are civil detainees (MAA, ) (Entered: 11/30/2004)

Nov. 29, 2004

Nov. 29, 2004

15

ORDER granting pla's application to proceed in forma pauperis, Clerk is directed to term doc's 3 Affidavit filed by Rafiu Abimbola, 8 Motion for Leave to Proceed in forma pauperis filed by Rafiu Abimbola, . Signed by Judge Harwell G Davis III on 12/20/2004. (KSS, ) (Entered: 12/22/2004)

Dec. 22, 2004

Dec. 22, 2004

16

REPORT AND RECOMMENDATION that action be DISMISSED for failing to state a claim upon which relief can be granted pursuant to 28 U.S.C.1915 (e)(2)(B)(ii), objections within 15 days, Objections to R&R due by 2/27/2006. Signed by Judge Robert B Propst on 2/10/06. (MAA, ) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

17

MOTION for Extension of Time of 30 days to object to Magistrate's R&R by Rafiu Abimbola. (MAA, ) (Entered: 02/17/2006)

Feb. 15, 2006

Feb. 15, 2006

ORDER granting 17 Motion for Extension of Time; objections to Report and Recommendation to be filed by 3/27/06. Signed by Judge Harwell G Davis III on 2/24/06. (LBG, ) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

19

REPORT AND RECOMMENDATION that all claims except the claim against Wes Williamson, Sheriff James Hayes and Dean Hoth that pla has been denied access to outdoor recreation be DISMISSED for failing to state a claim upon which relief can be granted pursuant to 28 U.S.C. 1915 (e)(2)(B)(ii), obj within 11 days . Signed by Judge Harwell G Davis III on 7/10/06. (MAA, ) (Entered: 07/10/2006)

July 10, 2006

July 10, 2006

Clearinghouse
20

MOTION for Extension of Time to 8/20/06 to file objection to Report and Recommendation by Rafiu Abimbola. (MAA, ) (Entered: 07/21/2006)

July 21, 2006

July 21, 2006

ORDER granting 20 petitioner's motion for extension of time to file objections to magistrate judge's report and recommendation. Signed by Judge Harwell G Davis III on 7/25/2006. (SHW) (Entered: 07/25/2006)

July 25, 2006

July 25, 2006

21

MOTION for Preliminary Injunction Directing transfer from Etowah County Jail by Rafiu Abimbola. (MAA, ) (Entered: 07/26/2006)

July 25, 2006

July 25, 2006

22

Brief in support of motion for preliminary injunction. (MAA, ) (Entered: 07/26/2006)

July 25, 2006

July 25, 2006

23

ORDER-It is ORDERED that dfts Wes Williamson, Sheriff James Hayes and Dean Hoth respond to pla's motion for preliminary injunction within 11 days; failure to respond within time prescribed may result in the imposition of the injunctive relief requested in pla's motion; Clerk DIRECTED to serve order upon pla; further DIRECTED to serve order and a copy of pla's motion [doc #21) and memo of law [doc #22] upon dfts Wes Williamson, Sheriff James Hayes and Dean Hoth at the Etowah County Detention Center. Signed by Judge Harwell G Davis III on 8/30/06. (MAA, ) (Entered: 08/30/2006)

Aug. 30, 2006

Aug. 30, 2006

24

Opposition to report and recommendation 19 filed by Rafiu Abimbola. (MAA, ) (Entered: 09/08/2006)

Sept. 5, 2006

Sept. 5, 2006

25

MOTION for Extension of Time to File Response/Reply as to 23 Order,, by Craig Robinson, Wes Williamson, Dean Hoth. (Bell, John) (Entered: 09/11/2006)

Sept. 11, 2006

Sept. 11, 2006

ORDER granting 25 Motion for Extension of Time to File Response/ Reply; response to plaintiff's motion for injunctive relief to be filed by 10/13/06. Signed by Judge Harwell G Davis III on 09/12/06. (LBG, ) (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

27

NOTICE of Appearance by Winthrop E. Johnson on behalf of Wes Williamson, James Hayes (Johnson, Winthrop) (Entered: 09/27/2006)

Sept. 27, 2006

Sept. 27, 2006

28

MOTION to Dismiss : Response to Order Entered On August 30, 2006 and in the Alternative, Motion to Dismiss by Dean Hoth. (Attachments: # 1 Declaration of Dean Hoth# 2 Exhibit A to Declaration# 3 Exhibit B to Declaration# 4 Exhibit C to Declaration# 5 Exhibit D to Declaration# 6 Exhibit E to Declaration# 7 Exhibit F to Declaration# 8 Exhibit G to Declaration)(Bell, John) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

29

RESPONSE to Plaintiff's Motion for Preliminary Injunction filed by Wes Williamson, James Hayes. (Attachments: # 1 Exhibit A (Abimbola Opinions# 2 Exhibit B (Hassell Affidavit)# 3 Exhibit C (Intergovernmental Service Agreement)# 4 Exhibit D (Hoth Declaration) # 5 Exhibit E (Thomas E-Mail Traffic))(Masters, Daryl) (Entered: 10/13/2006)

Oct. 13, 2006

Oct. 13, 2006

30

MOTION for Extension of Time of 14 days to respond to motion to dismiss by Rafiu Abimbola. (MAA, ) (Entered: 10/18/2006)

Oct. 18, 2006

Oct. 18, 2006

ORDER granting 30 plaintiff's Motion for Extension of Time. Signed by Judge Harwell G Davis III on 10/23/2006. (SHW) (Entered: 10/23/2006)

Oct. 23, 2006

Oct. 23, 2006

31

ORDER adopting and accepting 19 Report and Recommendation, ORDERED that all of pla's claims except claim against Wes Williamson, Sheriff James Hayes and Dean Hoth that pla has been denied access to outdoor recreation are DISMISSED pursuant to 28 U.S. C. 1915 (e)(2)(B)(ii); further ORDERED that the remaining claim against dfts are REFERRED to the magistrate judge for further proceedings. Signed by Judge Robert B Propst on 10/16/06. (MAA, ) (Entered: 10/26/2006)

Oct. 26, 2006

Oct. 26, 2006

32

Opposition to dft's response 29 to motion for prelim injunction filed by Rafiu Abimbola. (MAA, ) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

33

Declaration of Rafiu Abimbola in support of opposition. (MAA, ) (Entered: 11/03/2006)

Nov. 3, 2006

Nov. 3, 2006

35

REPLY to dfts' objection 34 with declaration of Andrew Hango, declaration of Dervin Heaven and attachments filed by Rafiu Abimbola. (MAA, ) (Entered: 12/12/2006)

Dec. 11, 2006

Dec. 11, 2006

36

MOTION to Dismiss as Moot by Craig Robinson. (Attachments: # 1 Exhibit 1: Declaration of Smith with attachment)(Bell, John) (Entered: 01/11/2007)

Jan. 11, 2007

Jan. 11, 2007

37

ORDER -For reasons as set out in order, it is ORDERED that this action is DISMISSED WITHOUT PREJUDICE, for want of prosecution,DISMISSING CASE. Signed by Judge Robert B Propst on 3/20/07. (MAA, ) (Entered: 03/20/2007)

March 20, 2007

March 20, 2007

Clearinghouse

Mail Returned, received 3/28/07 as Undeliverable. Mail sent to Rafiu Abimbola (MAA, ) (Entered: 04/02/2007)

April 2, 2007

April 2, 2007

Mail Returned (order of 3/20/07) as Undeliverable. Mail sent to Abdul K. Muhammad (MAA, ) (Entered: 04/04/2007)

April 4, 2007

April 4, 2007

Case Details

State / Territory: Alabama

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 17, 2004

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

22 individuals detained by U.S. Immigration and Customs Enforcement (ICE) at Etowa County Detention center in Alabama

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Immigration and Customs Enforcement (ICE), Federal

Etowah County Sheriff (Etowah), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted

Issues

Immigration/Border:

Constitutional rights

Detention - conditions