Case: Kiniti v. Myers

3:05-cv-01013 | U.S. District Court for the Southern District of California

Filed Date: May 9, 2005

Closed Date: Jan. 28, 2009

Clearinghouse coding complete

Case Summary

On May 9, 2005, an undocumented immigrant detained in the San Diego Correctional Facility (SDCF) filed a pro se lawsuit in the U.S. District Court for the Southern District of California, challenging his conditions of confinement. SDCF was a contract detention facility in Otay Mesa, California operated by Corrections Corporation of America, Inc. It housed civil immigration detainees in the custody of U.S. Immigration and Customs Enforcement (ICE), part of the U.S. Department of Homeland Secur…

On May 9, 2005, an undocumented immigrant detained in the San Diego Correctional Facility (SDCF) filed a pro se lawsuit in the U.S. District Court for the Southern District of California, challenging his conditions of confinement. SDCF was a contract detention facility in Otay Mesa, California operated by Corrections Corporation of America, Inc. It housed civil immigration detainees in the custody of U.S. Immigration and Customs Enforcement (ICE), part of the U.S. Department of Homeland Security (DHS).

At first, the Court (Judge Dana M. Sabraw) summarily dismissed the complaint, but the plaintiff was granted leave to amend it.

Eventually, attorneys with the ACLU's National Prison Project and Immigrants' Rights Project, the ACLU of San Diego & Imperial Counties, and private firms agreed to represent the plaintiff. A Second Amended Complaint was filed in February, 2007 on behalf of the original plaintiff, several newly named individual plaintiffs, and a proposed class of over 1,000 immigrants detained at SDCF. ICE, the Corrections Corporation of America, and several of their respective agents were named as defendants. The Second Amended Complaint alleged unconstitutional and inhumane conditions which violated the Due Process Clause of the Fifth Amendment, including: severe overcrowding (use of triple-celling); denial of adequate shelter, reasonable safety, and basic human needs; exposure to respiratory and other infections; poor access to medical, mental health, and dental services; denial of exercise and dayroom space; and unsanitary shower and toilet facilities. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

Defendants moved to dismiss the case for lack of subject matter jurisdiction.

On June 21, 2007, the Court issued an order granting in part and denying in part defendants' motions to dismiss. Claims of two named plaintiffs were dismissed as moot, as they had already been deported. The claims of the other three plaintiffs survived.

Judge Sabraw certified the case as a class action on behalf of immigrants detained at SDCF, over the objections and motions to reconsider by defendants. In her order denying reconsideration dated October 29, 2007, Judge Sabraw noted that the defendants "continue to assert triple celling is not unconstitutional, and continue to engage in other allegedly unconstitutional practices such as housing detainees in the common day room." Given those facts, the Court found that the plaintiffs had Article III standing and could pursue injunctive relief as a class.

On June 19, 2008, the parties filed a proposed settlement agreement with the court. On July 11, 2008, the district court administratively closed the case, and on August 20, 2008, the court approved the settlement. Some members of the plaintiff class appealed the settlement, and on December 3, 2008, the court of appeals dismissed the appeal.

Under the settlement, the defendants agreed that:

  • SDCF's population would not exceed its design capacity; and
  • The defendants would provide information about cell assignments to the plaintiffs.
The settlement expired on January 28, 2009. On that day, the parties filed a joint motion for dismissal, and the court dismissed the case with prejudice.

Summary Authors

Kristen Sagar (4/6/2009)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5987825/parties/kiniti-v-wagner/


Judge(s)

Lewis, Peter C. (California)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Bhat, Ghouri (Texas)

Fathi, David Cyrus (District of Columbia)

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

Kelley, Mary Kathryn (California)

Love, Rachel (Arizona)

Loy, John David (California)

Rabinovitz, Judy (New York)

Ramírez, Mónica M. (California)

Judge(s)

Lewis, Peter C. (California)

Sabraw, Dana Makoto (California)

Attorneys(s) for Plaintiff

Bhat, Ghouri (Texas)

Fathi, David Cyrus (District of Columbia)

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

Kelley, Mary Kathryn (California)

Love, Rachel (Arizona)

Loy, John David (California)

Rabinovitz, Judy (New York)

Ramírez, Mónica M. (California)

Stiegler, Anthony Michael (California)

Attorneys(s) for Defendant

Cipriani, Cindy M. (California)

Go, Samuel P. (District of Columbia)

Halvorson, Rachel Love (Arizona)

Hewitt, Karen P. (California)

Keisler, Peter D. (District of Columbia)

Lawrence, Victor M. (District of Columbia)

Monks, David B. (California)

Shelton, Micaela P. (California)

Stahl, Thomas C. (California)

Struck, Daniel Patrick (Arizona)

Stuart, Christopher G. (Arizona)

Yurk, Russell R. (Arizona)

Other Attorney(s)

Katsas, Gregory George (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Kiniti v. Wagner

Feb. 20, 2009 Docket
35

[Proposed] Second Amended Complaint for Classwide Declaratory and Injunctive Relief

Jan. 24, 2007 Complaint
35

Motion for Leave to Amend the First Amended Complaint and Add Parties

Kiniti v. Wagner

Jan. 24, 2007 Pleading / Motion / Brief
36

Memorandum of Points and Authorities in Support of Motion for Class Certification Under the [Proposed] Second Amended Complaint

Kiniti v. Wagner

Jan. 24, 2007 Pleading / Motion / Brief
56

Order Granting Plaintiff’s Motion to Amend First Amended Complaint and Add Parties

Kiniti v. Wagner

Feb. 27, 2007 Order/Opinion
75

Memorandum of Points and Authorities in Support of Defendants’ Motion to Dismiss

May 4, 2007 Pleading / Motion / Brief
75

Notice of Motion and Motion to Dismiss

May 4, 2007 Pleading / Motion / Brief
96

Order Granting-In-Part And Denying-In-Part Motions To Dismiss Second Amended Complaint

June 21, 2007 Order/Opinion
112

Order Granting Motion For Class Certification

Aug. 17, 2007 Order/Opinion
133

Order Denying Motion For Reconsideration And Clarifying Order Granting Class Certification

Oct. 29, 2007 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5987825/kiniti-v-wagner/

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

ECF Number Description Date Link
128

ORDER Regulating Telephonic Attendance at the October 10, 2007 Case Management Conference; granting 123 and 127 Motions for Reconsideration. All parties, representatives of the parties, and the parties' attorneys may attend the Case Management Conference telephonically. Signed by Judge Peter C. Lewis on 10/05/07. (vrp)

Oct. 5, 2007 RECAP
1

Complaint Filed; (referred to Magistrate Judge Peter C. Lewis ) Receipt No/Amt of Fee: Fee not paid, IFP submitted (dkt clerk) (Entered: 05/11/2005)

May 9, 2005
2

Notice of Motion and Motion by plaintiff Isaac Kigondu Kiniti to proceed in forma pauperis [ motion(s) referred to Judge Dana M. Sabraw ] (dkt clerk) (Entered: 05/11/2005)

May 9, 2005
3

Order by Judge Dana M. Sabraw granting motion to proceed in forma pauperis [2−1]; all claims in the Complaint against all defendants are dismissed sua sponte without prejudice for failing to state a claim upon which relief can be granted pursuant to 28 U.S.C. 1915(e)(2), with the exception of pla's Fifth Amendment claim against defendants Alvarez and Payne, and his claim for retaliation against dft Teran; terminating party Correction Corp, party Winters, party Harper, party Barbara Wagner ; pla is granted forty−five days from the date this Order is stamped "filed" to file a First Amended Complaint or to inform the Court that he does not wish to amend his Complaint and wishes the Court to order the USM to serve a copy of the summons and Complaint on defendants Alvarez, Payne and Teran only, pla is cautioned that if he chooses to proceed with his original complaint against these defendants only, he will forfeit the opportunity to amend his Complaint with respect to the claims dismissed in this Order (kaj) (Entered: 08/05/2005)

Aug. 4, 2005
4

Motion by Isaac Kigondu Kiniti to extend time ti file 1st amd cmp ; [motion referred to Judge Dana M. Sabraw] (cag) (Entered: 09/23/2005)

Sept. 23, 2005
5

Order by Judge Dana M. Sabraw granting motion to extend time to file 1st amd cmp [4−1] and denying request for appt of counsel [4−1]; 1st amd cmp due no later than 60 days from date of this order (cag) (Entered: 09/23/2005)

Sept. 23, 2005
6

DISCREPANCY ORDER by Judge Dana M. Sabraw rejecting document: letter from plaintiff Isaac Kigondu Kiniti, non−compliance with local rule 83.9 (cag) (Entered: 12/01/2005)

Dec. 1, 2005
7

Notice of hearing (In−House); Order to show cause hrg 4m and Order to show cause hrg 41.1 set for 10:30 5/26/06 before Judge Dana M. Sabraw (cag) (Entered: 05/10/2006)

May 10, 2006
8

DISCREPANCY ORDER by Judge Dana M. Sabraw accepting document: motion to reconsider from plaintiff Isaac Kigondu Kiniti, non−compliance with local rule 5.1, document is to be filed nunc pro tunc to the date received (cag) (Entered: 05/25/2006)

May 25, 2006
9

Motion by Isaac Kigondu Kiniti for reconsideration ; [motion referred to Judge Dana M. Sabraw]; NUNC PRO TUNC to 5/19/06 (cag) (Entered: 05/25/2006)

May 25, 2006
10

Minutes: Enter Order by Judge Dana M. Sabraw Order to show cause hrg off calendar , Ct to file order. Court Reporter: L. Pence (cag) (Entered: 05/31/2006)

May 26, 2006
11

Order by Judge Dana M. Sabraw denying motion for reconsideration [9−1]; Order to show cause 41.1 reset for 10:30 8/4/06 before Judge Dana M. Sabraw , 1st amd cmp due by 7/7/06 (cag) (Entered: 05/31/2006)

May 30, 2006
13

Order by Judge Dana M. Sabraw directing USM to effect service of summons and 1st amd cmp upon dfts Harper, Alvarez, Winters, Payne and Teran (ifp pkg mailed) (cag) (Entered: 08/01/2006)

July 27, 2006
14

Summons on 1st amd cmp issued as to Harper, Alvarez, Winters, Payne, Teran (cag) (Entered: 08/01/2006)

Aug. 1, 2006
15

DISCREPANCY ORDER by Judge Dana M. Sabraw accepting document: notice of change of address from plaintiff Isaac Kigondu Kiniti, document is to be filed nunc pro tunc to the date received (cag) (Entered: 08/01/2006)

Aug. 1, 2006
16

Notice by Isaac Kigondu Kiniti of change of address; NUNC PRO TUNC to 7/27/06 (cag) (Entered: 08/01/2006)

Aug. 1, 2006
17

Notice of hearing (In−House): Order to show cause hrg 4m set for 10:30 8/25/06 before Judge Dana M. Sabraw (cag) (Entered: 08/02/2006)

Aug. 1, 2006
18

Notice of hearing (In−House): Order to show cause hrg 41.1 vacated 10:30 8/4/06 (cag) (Entered: 08/02/2006)

Aug. 1, 2006
19

Minutes: Enter Order by Judge Dana M. Sabraw: Order to show cause hrg 4m vacated 10:30 8/25/06 ; Court Reporter: n/a (cag) (Entered: 08/24/2006)

Aug. 24, 2006
20

WAIVER OF SERVICE OF SUMMONS Returned Executed by Isaac Kigondu Kiniti. Harper waiver sent on 8/29/2006, answer due 10/28/2006. (cag) (Entered: 09/28/2006)

Sept. 28, 2006
21

WAIVER OF SERVICE Returned Executed by Isaac Kigondu Kiniti. Defendant Payne waiver sent on 8/29/2006, answer due 10/28/2006. (cag) (Entered: 10/12/2006)

Oct. 12, 2006
22

WAIVER OF SERVICE Returned Executed by Isaac Kigondu Kiniti. Defendant Teran waiver sent on 8/29/2006, answer due 10/28/2006. (cag) (Entered: 10/12/2006)

Oct. 12, 2006
23

WAIVER OF SERVICE Returned Executed by Isaac Kigondu Kiniti. Defendant Winters waiver sent on 8/29/2006, answer due 10/28/2006. (cag) (Entered: 10/12/2006)

Oct. 12, 2006
24

Summons Returned Unexecuted by Isaac Kigondu Kiniti as to Alvarez. (cag) (Entered: 10/13/2006)

Oct. 12, 2006
25

ANSWER to 1st Amended Complaint by Defendants Harper, Winters, Payne, Teran Harpe (cag) (Entered: 10/31/2006)

Oct. 30, 2006
26

DEMAND for Trial by Jury by Defendants Harper, Winters, Payne, Teran. (cag) (Entered: 10/31/2006)

Oct. 30, 2006
27

NOTICE and ORDER setting Early Neutral Evaluation for 12/6/2006 01:45 PM in El Centro before Magistrate Judge Peter C. Lewis. Signed by Judge Peter C. Lewis on 11/6/06. (cag) (Entered: 11/06/2006)

Nov. 6, 2006
29

Minute Entry for proceedings held before Judge Peter C. Lewis : Early Neutral Evaluation Conference held on 12/6/2006. Case Management Conference set for 1/24/2007 01:45 PM before Judge Dana M. Sabraw. (Plaintiff Attorney Isaac Kiniti, pro se).(Defendant Attorney Micaela Shelton and Rachel Halvorson). (erf, ) (Entered: 12/08/2006)

Dec. 6, 2006
28

ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference. ENE Conference was held 12/06/06 at 1:30 pm. Rule 26 Conference shall be completed before 01/03/07. Date of initial disclosure pursuant to Rule 26 shall occur before 01/19/07. Discovery Plan shall be lodged before 01/12/07. Case Management Conference set for 1/24/2007 01:45 PM in El Centro before Magistrate Judge Peter C. Lewis.Signed by Judge Peter C. Lewis on 12/07/06. (jxj) (Entered: 12/07/2006)

Dec. 7, 2006
30

PRO HAC VICE APPOINTED: Rachel Love Halvorson appearing for Defendants Harper, Alvarez, Winters, Payne, Teran (jxj) (Entered: 12/28/2006)

Dec. 28, 2006
31

MOTION for Discovery PROPOSED CASE MANAGEMENT PLAN AND REQUEST FOR EXTENSION OF TIME by Harper. (Monks, David) (Entered: 01/12/2007)

Jan. 12, 2007
32

ACKNOWLEDGEMENT OF SERVICE Executed January 19, 2007 (Initial Disclosure Statement) Acknowledgement filed by Harper, Winters, Payne, Teran. (Monks, David) (Entered: 01/19/2007)

Jan. 19, 2007
33

The Case Management Conference set for 1/24/2007 is vacated and reset for 2/7/2007 at 01:45 PM. The CMC shall be telephonic, Defendants will initiate the conference call to all parties to (760) 353−4227. Signed by Judge Peter C. Lewis on January 23, 2007. (Brehm, Matthew) (Entered: 01/23/2007)

Jan. 23, 2007
34

NOTICE of Appearance by John David Blair−Loy on behalf of Isaac Kigondu Kiniti (Blair−Loy, John) (Entered: 01/24/2007)

Jan. 24, 2007
35

MOTION to Amend/Correct 12 Amended Complaint and Add Parties by Isaac Kigondu Kiniti. (Attachments: # 1 Notice of Motion# 2 Memo of Points and Authorities # 3 Proposed Second Amended Complaint)(Blair−Loy, John) (Entered: 01/24/2007)

Jan. 24, 2007
36

MOTION to Certify Class Under Proposed Second Amended Complaint by Isaac Kigondu Kiniti. (Attachments: # 1 Notice of Motion# 2 Memo of Points and Authorities)(Blair−Loy, John) (Entered: 01/24/2007)

Jan. 24, 2007
37

CERTIFICATE OF SERVICE by Isaac Kigondu Kiniti (Blair−Loy, John) (Entered: 01/24/2007)

Jan. 24, 2007
38

ORDER Setting Hearing Date and Briefing Schedule re 35 MOTION to Amend/Correct, 36 MOTION for Class Certification. Motion Hearing for Motion to Amend set for 2/23/2007 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw. Motion Hearing for Motion for Class Certification set for 4/13/2007 01:30 PM in Courtroom 10 before Judge Dana M. Sabraw.Signed by Judge Dana M. Sabraw on 01/25/07. (jxj) (Entered: 01/25/2007)

Jan. 25, 2007
39

PRO HAC VICE APPOINTED: David Fathi appearing for Plaintiff Isaac Kigondu Kiniti (jxj) (Entered: 01/29/2007)

Jan. 29, 2007
40

PRO HAC VICE APPOINTED: Gouri Bhat appearing for Plaintiff Isaac Kigondu Kiniti (jxj) (Entered: 01/29/2007)

Jan. 29, 2007
41

PRO HAC VICE APPOINTED: Tom−Tsvi M Jawetz appearing for Plaintiff Isaac Kigondu Kiniti (jxj) (Entered: 01/29/2007)

Jan. 29, 2007
42

ORDER Denying Plaintiff's 31 Motion for an Extension of Time. Signed by Judge Peter C. Lewis on 01/29/07. (jxj) (Entered: 01/30/2007)

Jan. 29, 2007
43

Case Management Conference set for 2/7/2007 is continued to 5/2/2007 01:45 PM in El Centro before Magistrate Judge Peter C. Lewis. Signed by Judge Peter C. Lewis on January 31, 2007. (mxb, ) (Entered: 01/31/2007)

Jan. 31, 2007
45

NOTICE of Appearance by Anthony Michael Stiegler on behalf of Isaac Kigondu Kiniti (Stiegler, Anthony) (Entered: 02/01/2007)

Feb. 1, 2007
46

RESPONSE in Opposition re 35 MOTION to Amend/Correct 12 Amended Complaint and Add Parties filed by Harper, Winters, Payne, Teran. (Halvorson, Rachel) (Entered: 02/07/2007)

Feb. 7, 2007
47

MOTION for Leave to File Amicus Brief by Department of Homeland Security. (Attachments: # 1 Memo of Points and Authorities # 2 Exhibit)(Stahl, Thomas) (Entered: 02/07/2007)

Feb. 7, 2007
48

NOTICE by Department of Homeland Security re 47 MOTION for Leave to File Amicus Brief Proof of Service (Stahl, Thomas) (Entered: 02/07/2007)

Feb. 7, 2007
49

PRO HAC VICE APPOINTED: Judy Rabinovitz appearing for Plaintiff Isaac Kigondu Kiniti (jxj) (Entered: 02/13/2007)

Feb. 13, 2007
50

REPLY to Response to Motion re 35 MOTION to Amend/Correct 12 Amended Complaint and Add Parties and Attached Declaration filed by Isaac Kigondu Kiniti. (Attachments: # 1 Declaration)(Bhat, Gouri) (Entered: 02/14/2007)

Feb. 14, 2007
51

MOTION for Leave to File Excess Pages by Isaac Kigondu Kiniti. (Attachments: # 1 Notice of Motion# 2 Memo of Points and Authorities)(Bhat, Gouri) (Entered: 02/14/2007)

Feb. 14, 2007
52

CERTIFICATE OF SERVICE by Isaac Kigondu Kiniti re 50 Reply to Response to Motion, 51 MOTION for Leave to File Excess Pages (Bhat, Gouri) (Entered: 02/15/2007)

Feb. 15, 2007
53

ORDER Granting Plaintiff Leave to Exceed the Page Limit, re 51 Motion for Leave to File Excess Pages. Signed by Judge Dana M. Sabraw on 02/15/07. (jxj) (Entered: 02/15/2007)

Feb. 15, 2007
54

ORDER Re: Oral Argument. Motion Hearing currently scheduled for 02/23/07 at 1:30 pm, re 35 Motion. The Court finds this matter suitable for submission without oral argument. Accordingly, no appearances are required at this time. Signed by Judge Dana M. Sabraw on 02/15/07. (jxj) (Entered: 02/15/2007)

Feb. 15, 2007
55

PRO HAC VICE APPOINTED: Daniel P Struck appearing for Defendants (jxj) (Entered: 02/21/2007)

Feb. 20, 2007
56

ORDER Granting Plaintiff's 35 Motion to Amend first Amended Complaint and Add Parties. Plaintiff's class certification motion shall be heard on 05/25/07 at 1:30pm. Defendant's shall file their opposition to the motion by 05/04/07. Plaintiffs shall file their reply by 05/14/07. Signed by Judge Dana M. Sabraw on 02/27/07. (jxj) (Entered: 02/27/2007)

Feb. 27, 2007
57

Second AMENDED COMPLAINT against Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone, Corrections Corporation of America, Inc., Joe Easterling, Charles Howard. Filed by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro.(jxj)(bar, ). (Entered: 02/27/2007)

Feb. 27, 2007
58

Summons Issued as to Anthony Cerone, Corrections Corporation of America, Inc., Joe Easterling, Charles Howard. (jxj) (Entered: 03/02/2007)

Feb. 28, 2007
59

Summons Issued as to Julie L Myers, John P. Torres, Ron Smith, U.S. Attorney and U.S. Attorney General (jxj) (Entered: 03/02/2007)

Feb. 28, 2007
61

SUMMONS Returned Executed by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. Julie L Myers served on 3/6/2007, answer due 5/7/2007; John P. Torres served on 3/6/2007, answer due 5/7/2007; Ron Smith served on 3/6/2007, answer due 5/7/2007; Anthony Cerone served on 3/6/2007, answer due 5/7/2007. (Bhat, Gouri) (Entered: 03/08/2007)

March 8, 2007
62

SUMMONS Returned Executed by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Bhat, Gouri) (Entered: 03/08/2007)

March 8, 2007
63

SUMMONS Returned Executed by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Bhat, Gouri) (Entered: 03/08/2007)

March 8, 2007
64

SUMMONS Returned Executed by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Bhat, Gouri) (Entered: 03/08/2007)

March 8, 2007
65

SUMMONS Returned Executed by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Bhat, Gouri) (Entered: 03/08/2007)

March 8, 2007
66

PRO HAC VICE APPOINTED: Samuel P Go appearing for Amicus Department of Homeland Security, Defendants Julie L Myers, John P. Torres, Ron Smith (jxj) (Entered: 03/14/2007)

March 14, 2007
67

PRO HAC VICE APPOINTED: Victor M Lawrence appearing for Defendants Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone, Corrections Corporation of America, Inc., Joe Easterling, Charles Howard (jxj) (Entered: 03/27/2007)

March 27, 2007
68

WAIVER OF SERVICE Returned Executed by Corrections Corporation of America, Inc., Joe Easterling, Charles Howard. Corrections Corporation of America, Inc. waiver sent on 3/8/2007, answer due 5/7/2007; Joe Easterling waiver sent on 3/8/2007, answer due 5/7/2007; Charles Howard waiver sent on 3/8/2007, answer due 5/7/2007. (Struck, Daniel) (Entered: 04/06/2007)

April 6, 2007
69

PRO HAC VICE APPOINTED: Russell R Yurk appearing for Defendants Barbara Wagner, Harper, Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone, Corrections Corporation of America, Inc., Joe Easterling, Charles Howard, Alvarez, Winters, Payne, Teran, Correction Corporation of America (jcj) (Entered: 04/25/2007)

April 25, 2007
70

PRO HAC VICE APPOINTED: Christopher G Stuart appearing for Defendants Barbara Wagner, Harper, Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone, Corrections Corporation of America, Inc., Joe Easterling, Charles Howard, Alvarez, Winters, Payne, Teran, Correction Corporation of America (jcj) (Entered: 04/25/2007)

April 25, 2007
71

ORDER Cancelling Deadline.The Case Management Conference scheduled for 5/2/07 is cancelled. Signed by Judge Peter C. Lewis on 04/26/07. (ktk) (Entered: 04/26/2007)

April 26, 2007
72

Ex Parte MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Class Certification by Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone. (Go, Samuel) (Entered: 04/26/2007)

April 26, 2007
73

RESPONSE to Motion re 72 Ex Parte MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Class Certification filed by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Bhat, Gouri) (Entered: 04/27/2007)

April 27, 2007
74

ORDER Granting Defendants' 72 Ex Parte Application for Extension of Time to File Response/Reply; and Setting Briefing Schedule and Oral Argument. With respect to the motion to dismiss, Defendants shall file their motion by 05/04/07. Plaintiffs shall file their opposition by 05/21/07. Defendants shall file their reply by 06/01/07. The motion shall be heard on 06/15/07, at 1:30 pm. With respect to the motion for class certification, Defendants shall file their opposition by 06/08/07. Plaintiffs shall file their reply by 06/22/07. The motion shall be heard on 07/06/07, at 1:30 pm. Signed by Judge Dana M. Sabraw on 05/01/07. (jcj) (Entered: 05/01/2007)

May 1, 2007
75

MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Second Amended Complaint by Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone. (Attachments: # 1 Memo of Points and Authorities in Support of Defendants' Motion to Dismiss# 2 Declaration of Timothy L. Perry in Support)(Go, Samuel) (Entered: 05/04/2007)

May 4, 2007
76

MOTION to Dismiss Defendant Corrections Corporation of America, Joe Easterling and Charles Howard's Motion to Dismiss Plaintiffs' Second Amended Complaint by Corrections Corporation of America, Inc., Joe Easterling, Charles Howard. (Halvorson, Rachel) (Entered: 05/04/2007)

May 4, 2007
77

Minute Order by Judge Dana M. Sabraw granting 47 Motion for Leave to File Amicus Brief. (jak) (Entered: 05/10/2007)

May 10, 2007
78

RESPONSE in Opposition re 76 MOTION to Dismiss Defendant Corrections Corporation of America, Joe Easterling and Charles Howard's Motion to Dismiss Plaintiffs' Second Amended Complaint , 75 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Second Amended Complaint filed by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Attachments: # 1 Declaration of Tom Jawetz and Attached Exhibits# 2 Declaration of Jose Morales−Vargas# 3 Declaration of Isaac Kigondu Kiniti# 4 Proof of Service)(Jawetz, Tom−Tsvi) (Entered: 05/21/2007)

May 21, 2007
79

CERTIFICATE OF SERVICE by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro re 78 Response in Opposition to Motion,, (Amended) (Jawetz, Tom−Tsvi) (Entered: 05/21/2007)

May 21, 2007
80

MOTION to Preserve the Testimony of Named Plaintiffs Kiniti and Delgado By Barring Their Removal Prior to Deposition by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Attachments: # 1 Notice of Motion to Preserve Testimony# 2 Memo of Points and Authorities in Support of Motion to Preserve Testimony# 3 Declaration of Gouri Bhat and Attached Exhibits# 4 Proof of Service)(Jawetz, Tom−Tsvi) (Entered: 05/21/2007)

May 21, 2007
81

RESPONSE to Motion re 80 MOTION to Preserve the Testimony of Named Plaintiffs Kiniti and Delgado By Barring Their Removal Prior to Deposition filed by Corrections Corporation of America, Inc., Joe Easterling, Charles Howard, Correction Corporation of America. (Halvorson, Rachel)

May 30, 2007
83

REPLY to Response to Motion re 76 MOTION to Dismiss Defendant Corrections Corporation of America, Joe Easterling and Charles Howard's Motion to Dismiss Plaintiffs' Second Amended Complaint filed by Corrections Corporation of America, Inc., Joe Easterling, Charles Howard. (Attachments: # 1 Exhibit Affidavit of Joe Easterling# 2 Exhibit Affidavit of Damon Hininger)(Halvorson, Rachel) (Entered: 06/01/2007)

June 1, 2007
84

REPLY to Response to Motion re 75 MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Second Amended Complaint filed by Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone. (Go, Samuel) (Entered: 06/01/2007)

June 1, 2007
85

RESPONSE to Motion re 80 MOTION to Preserve the Testimony of Named Plaintiffs Kiniti and Delgado By Barring Their Removal Prior to Deposition filed by Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone. (Go, Samuel) (Entered: 06/08/2007)

June 8, 2007
86

RESPONSE in Opposition re 36 MOTION to Certify Class Under Proposed Second Amended Complaint filed by Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone. (Go, Samuel) (Entered: 06/08/2007)

June 8, 2007
87

RESPONSE in Opposition re 36 MOTION to Certify Class Under Proposed Second Amended Complaint filed by Joe Easterling, Charles Howard, Correction Corporation of America. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17)(Struck, Daniel) (Entered: 06/08/2007)

June 8, 2007
88

NOTICE by Isaac Kigondu Kiniti of related case(s) 07−cv−1078−L−RBB (Stiegler, Anthony) (Entered: 06/13/2007)

June 13, 2007
89

SUPPLEMENTAL DOCUMENT − Supplemental Declaration in Support of Plaintiffs' Opposition to Motion to Dismiss, by Isaac Kigondu Kiniti. (Stiegler, Anthony) Modified text on 6/18/2007 to reflect document (jcj). (Entered: 06/13/2007)

June 13, 2007
90

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 6/15/2007. Court to issue order. (Court Reporter LeeAnn Pence).(Plaintiff Attorney John David Blair−Loy, Tom Jawetz, Goury Baht, Tony Stiegler).(Defendant Attorney Samuel P Go, Rachel Halvorson). (jak) (Entered: 06/15/2007)

June 15, 2007
91

ORDER Granting Plaintiffs' 80 Motion to Preserve Testimony of Named Plaintiffs Kniti and Delgado by Barring Their Removal Prior to Deposition. Signed by Judge Dana M. Sabraw on 06/18/07. (jcj) (Entered: 06/18/2007)

June 18, 2007
94

Joint MOTION for Extension of Time to File Response/Reply Brief in Support of Motion for Class Certification by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Attachments: # 1 Proof of Service)(Jawetz, Tom−Tsvi) (Entered: 06/19/2007)

June 19, 2007
95

ORDER Granting 94 Motion − Stipulation to Extend the Deadline for Plaintiffs' Reply Memorandum of Points and Authorities in Support of Their 36 MOTION for Class Certification. Replies due by 6/26/2007. Signed by Judge Dana M. Sabraw on 06/20/07. (jcj) (Entered: 06/20/2007)

June 20, 2007
96

ORDER Granting−in−Part and Denying−in−Part Defendants' Motions to Dismiss Second Amended Complaint, re 75 Motion to Dismiss, 76 Motion to Dismiss. Signed by Judge Dana M. Sabraw on 06/21/07. (jcj) (Entered: 06/21/2007)

June 21, 2007
97

REPLY re 87 Response in Opposition to Motion, 86 Response in Opposition to Motion, 36 MOTION to Certify Class Under Proposed Second Amended Complaint filed by Isaac Kigondu Kiniti, Sylvester Owino, Hernan Ismael Delgado. (Attachments: # 1 Exhibit Exhibits A−J# 2 Exhibit Exhibits K−R# 3 Proof of Service)(Bhat, Gouri) (Entered: 06/26/2007)

June 26, 2007
98

Ex Parte MOTION for Leave to File Excess Pages by Isaac Kigondu Kiniti, Sylvester Owino, Hernan Ismael Delgado. (Attachments: # 1 Proposed Order# 2 Proof of Service)(Bhat, Gouri) Modified on 6/28/2007 (jcj) Atty contacted re proposed order. (Entered: 06/26/2007)

June 26, 2007
99

ORDER Granting Plaintiffs' 98 Ex Parte Motion for Leave to Exceed the Page Limit, re Plaintiffs' Motion for Class Certification. Signed by Judge Dana M. Sabraw on 06/27/07. (jcj) (Entered: 06/28/2007)

June 28, 2007
100

NOTICE by Corrections Corporation of America, Inc., Joe Easterling, Charles Howard re 87 Response in Opposition to Motion, 97 Reply, Defendants Corrections Corporation of America, Inc., Joe Easterling, and Charles Howard's Notice of Errata (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibits 2−8# 3 Exhibit Exhibits 9−17)(Halvorson, Rachel) Modified on 7/9/2007 (jcj) Atty contacted re supplemental documents. (Entered: 07/02/2007)

July 2, 2007
101

Minute Entry for proceedings held before Judge Dana M. Sabraw: Motion Hearing held on 7/6/2007 re 36 MOTION to Certify Class Under Proposed Second Amended Complaint filed by Isaac Kigondu Kiniti. Motion taken under submission by the Court. Defense counsel to file supplemental brief by 7/13/07. Response due 7/20/07. (Court Reporter LeeAnn Pence).(Plaintiff Attorney Gouri Bhat).(Defendant Attorney Samuel P Go, Chris Stuart, Rachel Halvorson). (jak) (Entered: 07/06/2007)

July 6, 2007
102

SUPPLEMENTAL DOCUMENT, re 87 Response in Opposition, by Corrections Corporation of America, Inc., Joe Easterling, Charles Howard. (Halvorson, Rachel) Modified text on 7/17/2007 (jcj). (Entered: 07/13/2007)

July 13, 2007
103

SUPPLEMENTAL DOCUMENT, re 86 Response in Opposition, by Julie L Myers, John P. Torres, Ron Smith, Anthony Cerone. (Go, Samuel) Modified text on 7/17/2007 (jcj). (Entered: 07/13/2007)

July 13, 2007
104

Joint MOTION for Extension of Time to File Response/Reply as to 36 MOTION to Certify Class Under Proposed Second Amended Complaint by Isaac Kigondu Kiniti, Jose Morales−Vargas, Sylvester Owino, Hernan Ismael Delgado, Any Castro. (Attachments: # 1 Proof of Service)(Jawetz, Tom−Tsvi) (Entered: 07/16/2007)

July 16, 2007
105

ORDER Granting 104 Joint MOTION − Stipulation to Extend the Deadline for Plaintiffs' Supplemental Reply Memorandum of Points and Authorities in Support of Their 36 MOTION for Class Certification. Plaintiffs shall file their supplemental reply brief by 07/25/07. Signed by Judge Dana M. Sabraw on 07/18/07. (jcj)

July 18, 2007

State / Territory: California

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: May 9, 2005

Closing Date: Jan. 28, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All immigration detainees in ICE custody who are now or in the future will be confined at San Diego Correctional Facility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Immigrants' Rights Project

ACLU National (all projects)

ACLU National Prison Project

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Homeland Security (DHS) , Federal

U.S. Immigration and Customs Enforcement (ICE), Federal

Corrections Corporation of America, Inc. (CCA), Private Entity/Person

Warden, Private Entity/Person

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

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: 2008 - 2009

Content of Injunction:

Reporting

Recordkeeping

Issues

General:

Conditions of confinement

Food service / nutrition / hydration

Neglect by staff

Recreation / Exercise

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Immigration/Border:

Constitutional rights

Detention - conditions

Undocumented immigrants - rights and duties