Filed Date: Aug. 27, 1991
Closed Date: 1996
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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)
Holderman, James F. (Illinois)
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)
Beatty, Gerald E. (Illinois)
Holderman, James F. (Illinois)
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)
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)
Last updated Aug. 14, 2022, 3:02 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
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):
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:
Ex Parte Young (Federal) or Bivens
Constitutional Clause(s):
Availably Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Issues
General:
Immigration/Border: