Case: Imasuen v. Moyer

1:91-cv-05425 | U.S. District Court for the Northern District of Illinois

Filed Date: Aug. 27, 1991

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On August 27, 1991, five alien detainees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois, challenging the conditions of confinement in the INS' Chicago area detention system. Plaintiffs alleged that they were subjected to inhumane conditions and were denied access to legal materials and attorneys. They sought declaratory and injunctive relief, as well as class certification. Attorneys for the Mexican American Legal Defense & Educational Fund an…

On August 27, 1991, five alien detainees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois, challenging the conditions of confinement in the INS' Chicago area detention system. Plaintiffs alleged that they were subjected to inhumane conditions and were denied access to legal materials and attorneys. They sought declaratory and injunctive relief, as well as class certification. Attorneys for the Mexican American Legal Defense & Educational Fund and the Legal Assistance Foundation of Chicago represented the plaintiff class.

On October 29, 1991 the plaintiffs moved for class certification, with the proposed class consisting of: all persons under the jurisdiction of the Chicago District Office of the INS who, on or after August 27, 1991, were or would be (1) awaiting deportation or exclusion hearings before the immigration court, awaiting administrative voluntary departure granted by the INS, or awaiting departure under a final order of deportation; and (2) detained in facilities operated by INS or in facilities operated by counties or municipalities in Illinois which had agreed with INS to confine persons under INS jurisdiction. The government defendants opposed class certification. The District Court (Judge James F. Holderman) certified the class by order dated February 7, 1992. Imasuen v. Moyer, 1992 U.S. Dist. LEXIS 1449 (N.D.Ill. 1992).

The Court urged the parties to discuss settlement, but negotiations failed to produce a resolution. Discovery and litigation proceeded, with the parties filing cross-motions for summary judgment in 1994 and 1995.

On August 22, 1995, the District Court (Judge Holderman) issued a memorandum opinion and order in which he denied defendants' as to plaintiffs' access to courts claim, but granted it as to all other claims. The Court again encouraged settlement talks. Several status conferences followed, until plaintiffs reached a settlement agreement with the Village of Brookfield in December, 2005. The terms of the agreement are unknown.

Discovery continued until Judge Holderman dismissed the remaining claims of unconstitutional denial of access to courts on May 6, 2006. The case was closed.

Summary Authors

Miles Chan (7/5/2007)

People


Judge(s)

Holderman, James F. (Illinois)

Attorneys(s) for Plaintiff

Abreu, Rosa M. (Illinois)

DeWolfe, Ruthanne (Illinois)

Gzesh, Susan R. (Illinois)

Rapp, Randall S. (Illinois)

Valdez, Maria G. (Illinois)

Waldman, Carol Anne (Illinois)

Wilson, Cynthia A. (Illinois)

Yanez, Linda R. (Illinois)

Attorneys(s) for Defendant

Beatty, Gerald E. (Illinois)

Judge(s)

Holderman, James F. (Illinois)

Attorneys(s) for Plaintiff

Abreu, Rosa M. (Illinois)

DeWolfe, Ruthanne (Illinois)

Gzesh, Susan R. (Illinois)

Rapp, Randall S. (Illinois)

Valdez, Maria G. (Illinois)

Waldman, Carol Anne (Illinois)

Wilson, Cynthia A. (Illinois)

Yanez, Linda R. (Illinois)

Attorneys(s) for Defendant

Beatty, Gerald E. (Illinois)

Donatelli, Jack (Illinois)

Geanopoulos, Nicholas (Illinois)

Lyons, Robert Francis (Illinois)

Martin, Bernard T. (Illinois)

McDonald, Terry L. (Illinois)

Naughton, Gino P. (Illinois)

Documents in the Clearinghouse

Document

1:91-cv-05425

Docket

May 6, 1996

May 6, 1996

Docket
51

1:91-cv-05425

Memorandum Opinion and Order

1992 U.S.Dist.LEXIS 1449

Feb. 7, 1992

Feb. 7, 1992

Order/Opinion

Resources

Docket

Last updated Aug. 14, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Illinois

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 27, 1991

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All people within jurisdiction of Chicago Office of INS who, on or after August 27, 1991, are or will be detained in Illinois detention centers dening deporation hearings

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sheriff of Cook County Illinois (Cook), County

Immigration and Naturalization Service (INS) , Federal

Village of La Grange, Illinois (La Grange), City

Village of River Grove, Illinois (River Grove), City

Village of Hillside, Illinois (Hillside), City

Town of Cicero, Illinois (Cicero), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Conditions of confinement

Immigration/Border:

Constitutional rights

Deportation - procedure

Detention - conditions