Case: Jacobson v. U.S. Department of Homeland Security

4:14-cv-02485 | U.S. District Court for the District of Arizona

Filed Date: Nov. 20, 2014

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 20, 2014, two residents of Arivaca, Arizona and volunteer members of a community organization called People Helping People (PHP) filed this lawsuit in the U.S. District Court for the District of Arizona against the U.S. Border Patrol and the U.S. Department of Homeland Security (DHS). The plaintiffs alleged that DHS interfered with their “checkpoint monitoring campaign” at a Border Patrol checkpoint approximately 35 miles north of the U.S.-Mexico border in southern Arizona. The plai…

The complaint stated that Border Patrol operated an interior checkpoint on Arivaca Road in Amado, Arizona. The plaintiffs and other members of PHP commenced a campaign near the checkpoint to protest it by observing, photographing, and videotaping Border Patrol agents’ actions at the checkpoint. The plaintiffs contended that the campaign was a reflection of the “local residents’ growing concern about Border Patrol activities in their community, including harassment and civil rights violations by federal agents at the checkpoint.” The complaint stated that in response to the campaign, Border Patrol agents barred the plaintiffs from the public area near the checkpoint, required them to conduct their campaign “at an unreasonably great distance from the checkpoint,” and threatened to arrest them.

By consent of the parties, the case was assigned to Magistrate Judge Macdonald on February 12, 2015.

The plaintiffs moved for a preliminary injunction on January 6, 2015, which the court denied eight months later on September 14. The court held that the government's policy was “a valid time, place, and manner restriction on speech,” and the plaintiffs therefore could not meet their burden of showing a likelihood of success on the merits. The court found that the government’s primary interest was “in protecting the safety and security of Border Patrol agents, canines, and the public,” and held that it was important not to jeopardize the purpose of checkpoint stops to conduct criminal investigations “so critical to the fair administration of justice.”

On November 2, 2015, DHS moved to dismiss the case, or in the alternative, for summary judgment. On September 30, the court denied the motion to dismiss after finding that the plaintiffs had stated a First Amendment claim upon which relief could be granted. However, the court then granted summary judgment in favor of DHS, finding that the plaintiffs had not demonstrated any dispute as to the government’s assertion that the checkpoint was, in fact, a non-public forum.

The plaintiffs appealed to the Ninth Circuit on November 29, 2016. Oral argument was held the following winter on December 5, 2017. On February 13, 2018, the Ninth Circuit vacated the district court’s judgment and remanded for further consideration, finding that the record before the district court did not warrant its conclusion, as a matter of law, that the enforcement zone was a non-public forum or that the government had satisfied the requirements for excluding the plaintiffs from the area. The Ninth Circuit instructed that on remand, the parties should conduct discovery to allow the district court to make such determinations.

On remand in the district court, the parties filed a series of several status reports indicating that while the parties had not discussed settlement since a July 24, 2018 conference, they remained willing to consider potential settlement options.

On July 15, 2020, the plaintiffs sought sanctions against DHS. The motion was based on “(1) Defendants’ destruction of key documents and (2) Defendants’ submission to the Court of a declaration, on which the Court relied on multiple occasions, which lacked foundation for critical statements.” This motion is pending before the court.

	Document
4:14-cv-02485	Docket [PACER] Jacobson v. Department of Homeland Security	April 3, 2019	April 3, 2019 Docket
1 4:14-cv-02485	Complaint for Declaratory and Injunctive Relief for Violation of Plaintiffs' First Amendment Rights Jacobson v. Department of Homeland Security	Nov. 20, 2014	Nov. 20, 2014 Complaint
54 4:14-cv-02485	Order Jacobson v. Department of Homeland Security	Sept. 14, 2015	Sept. 14, 2015 Order/Opinion
93 4:14-cv-02485	Order Jacobson v. Department of Homeland Security	Sept. 30, 2016	Sept. 30, 2016 Order/Opinion
BL-48 16-17199	Opinion Jacobson v. Department of Homeland Security U.S. Court of Appeals for the Ninth Circuit	Feb. 13, 2018	Feb. 13, 2018 Order/Opinion 882 F.3d 882

ECF Number	Description	Date	Link Date / Link
5	SUMMONS Submitted by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Summons Rosalinda Huey, # 2 Summons Roger San-Martin, # 3 Summons R. Gil Kerlikowske, # 4 Summons N. Ballistrea, # 5 Summons Michael J. Fisher, # 6 Summons Manuel Padilla, Jr., # 7 Summons Lloyd Easterling, # 8 Summons K. Riden, # 9 Summons Jeh Johnson, # 10 Summons Jeffrey Self, # 11 Summons J. Joyner)(Lyall, James) (Entered: 11/20/2014) 1 Summons Rosalinda Huey View on PACER 2 Summons Roger San-Martin View on PACER 3 Summons R. Gil Kerlikowske View on PACER 4 Summons N. Ballistrea View on PACER 5 Summons Michael J. Fisher View on PACER 6 Summons Manuel Padilla, Jr. View on PACER 7 Summons Lloyd Easterling View on PACER 8 Summons K. Riden View on PACER 9 Summons Jeh Johnson View on PACER 10 Summons Jeffrey Self View on PACER 11 Summons J. Joyner View on PACER	Nov. 20, 2014	Nov. 20, 2014 PACER
4	Summons Issued as to United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Summons, # 2 Summons)(DLC). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/20/2014) 1 Summons View on PACER 2 Summons View on PACER	Nov. 20, 2014	Nov. 20, 2014 PACER
3	Filing fee paid, receipt number 0970-11084747. This case has been assigned to the Honorable Bruce G. Macdonald. All future pleadings or documents should bear the correct case number: 4:14-CV-02485-TUC-BGM. Magistrate Election form attached. (DLC) (Entered: 11/20/2014)	Nov. 20, 2014	Nov. 20, 2014 PACER
2	SUMMONS Submitted by Leesa Jacobson, Peter Ragan. (Lyall, James) (Attachments: # 1 Summons, # 2 Summons)(DLC) (Entered: 11/20/2014) 1 Summons View on PACER 2 Summons View on PACER	Nov. 20, 2014	Nov. 20, 2014 PACER
1	COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-11084747 filed by Peter Ragan, Leesa Jacobson. (Lyall, James) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(DLC) (Entered: 11/20/2014) 1 Civil Cover Sheet View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER	Nov. 20, 2014	Nov. 20, 2014 RECAP
6	Summons Issued as to N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, Roger San-Martin, Jeffrey Self. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(EGP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/21/2014) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER	Nov. 21, 2014	Nov. 21, 2014 PACER
7	Summons Issued as to Lloyd Easterling, S Spencer. (Attachments: # 1 Summons) *These two summons were not issued in prior batch submitted on 11/20/2014(KEP). ** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 11/24/2014) 1 Summons View on PACER	Nov. 24, 2014	Nov. 24, 2014 PACER
12	Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) (Entered: 12/08/2014)	Dec. 4, 2014	Dec. 4, 2014 PACER
11	ORDER pursuant to General Order 09-08 granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice; granting 10 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/04/2014)	Dec. 4, 2014	Dec. 4, 2014 PACER
	PRO HAC VICE FEE PAID. $ 105, receipt number PHX153010 as to Winslow B Taub, Tracy Ebanks, Ethan Forrest. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	Dec. 4, 2014	Dec. 4, 2014 PACER
10	MOTION for Admission Pro Hac Vice as to attorney Ethan Forrest on behalf of plaintiffs Leesa Jacobson and Peter Ragan. (BAS) (Entered: 12/04/2014)	Dec. 4, 2014	Dec. 4, 2014 PACER
9	MOTION for Admission Pro Hac Vice as to attorney Tracy Ebanks on behalf of plaintiffs Leesa Jacobson and Peter Ragan. (BAS) (Entered: 12/04/2014)	Dec. 4, 2014	Dec. 4, 2014 PACER
8	MOTION for Admission Pro Hac Vice as to attorney Winslow B Taub on behalf of plaintiffs Leesa Jacobson and Peter Ragan. (BAS) (Entered: 12/04/2014)	Dec. 4, 2014	Dec. 4, 2014 PACER
14	ORDER pursuant to General Order 09-08 granting 13 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/09/2014)	Dec. 9, 2014	Dec. 9, 2014 PACER
	PRO HAC VICE FEE PAID. $ 35, receipt number PHX153217 as to Christina E Dashe. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	Dec. 9, 2014	Dec. 9, 2014 PACER
13	MOTION for Admission Pro Hac Vice as to attorney Christina E Dashe on behalf of plaintiffs Leesa Jacobson, and Peter Ragan. (BAS) (Entered: 12/09/2014)	Dec. 9, 2014	Dec. 9, 2014 PACER
15	MOTION for Admission Pro Hac Vice as to attorney Mitra Ebadolahi by Leesa Jacobson. (Ebadolahi, Mitra) (Entered: 12/15/2014)	Dec. 15, 2014	Dec. 15, 2014 PACER
17	ORDER pursuant to General Order 09-08 granting 16 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
	PRO HAC VICE FEE PAID. $ 35, receipt number PHX153494 as to John David Loy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	Dec. 17, 2014	Dec. 17, 2014 PACER
16	MOTION for Admission Pro Hac Vice as to attorney John David Loy on behalf of plaintiffs Leesa Jacobson, and Peter Ragan. (BAS) (Entered: 12/17/2014)	Dec. 17, 2014	Dec. 17, 2014 PACER
24	Service Returned Unexecuted by Leesa Jacobson, Peter Ragan : Summons, Complaint, Consent Form re Magistrate Order as to LLoyd Easterling. (Lyall, James) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
23	SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Process re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon Rosalinda Huey on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
22	SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon Roger San-Martin on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
21	SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Process re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon N. Ballistrea on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
20	SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon Manuel Padilla, Jr. on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
19	SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Service re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon Jeffrey Self on December 4, 2014. (Lyall, James) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
18	SERVICE EXECUTED filed by Leesa Jacobson, Peter Ragan: Affidavit of Process re: Summons, Complaint, Civil Cover Sheet and Consent Form re Magistrate Order upon US Department of Homeland Security c/o United States Attorney John S. Leonardo on November 26, 2014. (Lyall, James) (Entered: 12/18/2014)	Dec. 18, 2014	Dec. 18, 2014 PACER
25	ORDER pursuant to General Order 09-08 granting 15 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 12/19/2014)	Dec. 19, 2014	Dec. 19, 2014 PACER
	PRO HAC VICE FEE PAID. $ 35, receipt number PHX153556 as to Mitra Ebadolahi. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)	Dec. 19, 2014	Dec. 19, 2014 PACER
27	FILED at (Doc. 29 )- LODGED Proposed Plaintiffs' Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support Attached. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Affidavit Declaration of Tracy Ebanks, # 2 Affidavit Declaration of Peter Ragan, # 3 Affidavit Declaration of Steve McLain, # 4 Text of Proposed Order)(Lyall, James) Modified on 1/6/2015 (ALS). (Entered: 12/23/2014) 1 Affidavit Declaration of Tracy Ebanks View on PACER 2 Affidavit Declaration of Peter Ragan View on PACER 3 Affidavit Declaration of Steve McLain View on PACER 4 Text of Proposed Order View on PACER	Dec. 23, 2014	Dec. 23, 2014 PACER
26	MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction and Supporting Memorandum of Law by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Text of Proposed Order)(Lyall, James) (Entered: 12/23/2014) 1 Text of Proposed Order View on PACER	Dec. 23, 2014	Dec. 23, 2014 PACER
29	MOTION for Preliminary Injunction and Memorandum of Points and Authorities in Support by Leesa Jacobson, Peter Ragan. (Attachments: # 1 Declaration of Tracy Ebanks, # 2 Declaration of Peter Ragan, # 3 Declaration of Stephen W. McLain, # 4 Text of Proposed Order)(ALS) (Entered: 01/06/2015) 1 Declaration of Tracy Ebanks View on PACER 2 Declaration of Peter Ragan View on PACER 3 Declaration of Stephen W. McLain View on PACER 4 Text of Proposed Order View on PACER	Jan. 6, 2015	Jan. 6, 2015 RECAP
28	ORDER that Plaintiffs' 26 Unopposed Motion for Leave to File Brief in Excess of Page Limit is GRANTED. The Clerk of the Court shall file Plaintiffs' 27 Lodged Proposed Motion for Preliminary Injunction and Memorandum of Points and Authorities in Support. Signed by Magistrate Judge Bruce G Macdonald on 1/6/2015.(ALS) (Entered: 01/06/2015)	Jan. 6, 2015	Jan. 6, 2015 PACER
30	Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 01/07/2015) 1 Text of Proposed Order View on PACER	Jan. 7, 2015	Jan. 7, 2015 PACER
31	ORDER denying as Moot 30 Government's Consent Motion for Extension of Time to Respond to Plaintiffs Motion for Preliminary Injunction. Signed by Magistrate Judge Bruce G Macdonald on 1/9/2015. (ALS) (Entered: 01/09/2015)	Jan. 9, 2015	Jan. 9, 2015 PACER
32	Consent MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction, Consent MOTION for Extension of Time to File Answer by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) (Entered: 01/22/2015) 1 Text of Proposed Order View on PACER	Jan. 22, 2015	Jan. 22, 2015 PACER
34	FILED at (Doc. 38 )- LODGED Proposed Proposed Defendants' Opposition to 29 Plaintiffs' Motion for Preliminary Injunction re: 33 Consent MOTION for Leave to File Excess Pages for Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Exhibit Index, # 2 Ex. A - Traffic Control Plan, # 3 Ex. B - Traffic Checkpoint Policy, # 4 Ex. C (part 1 of 3) - San Martin Declaration, # 5 Ex. C (part 2 of 3) - San Martin Declaration, # 6 Ex. C (part 3 of 3) - San Martin Declaration, # 7 Ex. D - Spencer Declaration, # 8 Ex. E - Huey Declaration)(Beckenhauer, Eric) Modified on 2/27/2015 (ALS). (Entered: 01/30/2015) 1 Exhibit Index View on PACER 2 Ex. A - Traffic Control Plan View on PACER 3 Ex. B - Traffic Checkpoint Policy View on PACER 4 Ex. C (part 1 of 3) - San Martin Declaration View on PACER 5 Ex. C (part 2 of 3) - San Martin Declaration View on PACER 6 Ex. C (part 3 of 3) - San Martin Declaration View on PACER 7 Ex. D - Spencer Declaration View on PACER 8 Ex. E - Huey Declaration View on PACER	Jan. 30, 2015	Jan. 30, 2015 PACER
33	Consent MOTION for Leave to File Excess Pages for Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction by N Ballistrea, Lloyd Easterling, Michael J Fisher, Rosalinda Huey, Jeh Johnson, J Joyner, R Gil Kerlikowske, Manuel Padilla, Jr, K Riden, Roger San-Martin, Jeffrey Self, S Spencer, United States Customs and Border Protection, United States Department of Homeland Security, United States Office of Border Patrol. (Attachments: # 1 Text of Proposed Order)(Beckenhauer, Eric) Modified motion type on 2/2/2015 (ALS). (Entered: 01/30/2015) 1 Text of Proposed Order View on PACER	Jan. 30, 2015	Jan. 30, 2015 PACER
36	Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Macdonald conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) (Entered: 02/12/2015)	Feb. 12, 2015	Feb. 12, 2015 PACER
35	Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SGG) (Entered: 02/12/2015)	Feb. 12, 2015	Feb. 12, 2015 PACER

Case: Jacobson v. U.S. Department of Homeland Security

4:14-cv-02485 | U.S. District Court for the District of Arizona

Case Summary

People

Documents in the Clearinghouse

Resources

Docket

Case Details