University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Mancha v. ICE IM-GA-0004
Docket / Court 1:06-cv-02650-TWT ( N.D. Ga. )
State/Territory Georgia
Case Type(s) Immigration
Attorney Organization Southern Poverty Law Center
Case Summary
On November 1, 2006, private counsel and attorneys for the Southern Poverty Law Center filed a class action civil rights suit in the U.S. District Court for the Northern District of Georgia, challenging a series of raids conducted by federal immigration authorities in Southeast Georgia over the ... read more >
On November 1, 2006, private counsel and attorneys for the Southern Poverty Law Center filed a class action civil rights suit in the U.S. District Court for the Northern District of Georgia, challenging a series of raids conducted by federal immigration authorities in Southeast Georgia over the course of at least two weeks in September, 2006. Plaintiffs alleged that federal agents with Immigration and Customs Enforcement, under the guise of locating suspected undocumented workers who had been employed at the Crider poultry facility in Stillmore, Georgia, illegally raided and searched the homes of Latinos in an effort to drive the Latino community out of Southeast Georgia. Plaintiffs specifically alleged that agents searched, detained and interrogated citizens merely because they looked "Mexican," in violation of their rights secured by the Fourth and Fifth Amendments. Plaintiffs sought actual, compensatory, and punitive damages, injunctive and declaratory relief, and class certification. Defendants responded by moving to dismiss the case.

On May 1, 2007, the District Court (Judge Thomas W. Thrash, Jr.) stayed discovery and briefing on plaintiffs' request for class certification, pending the Court's ruling on defendants' dispositive motions.

A first amended complaint was filed on June 14, 2007. Defendants responded by moving to dismiss, or for summary judgment, the various counts alleged in the amended complaint.

On December 5, 2007, the court (Judge Thomas W. Thrash, Jr.) granted defendants' motion to dismiss plaintiffs' claims for injunctive and declaratory relief to redress violations of the Fourth and Fifth Amendments. The court found that plaintiffs had not shown a real and immediate threat of future harm. Therefore, on March 27, 2008, the court denied as moot plaintiffs' motion for class certification with respect to the dismissed claims.

That same day, plaintiffs filed a second amended complaint asserting Federal Torts Claims Act (FTCA) claims against the United States. The FTCA claims were for false imprisonment, assault, battery, and trespass. Plaintiffs also asserted Bivens claims against the federal law enforcement agents employed by ICE for violation of plaintiffs' Fourth and Fifth Amendment rights.

On March 31, 2009, the court denied defendant's motion to dismiss the FTCA and Bivens claims. The court found that plaintiffs had exhausted their remedies prior to filing the FTCA claims and that the FTCA claims did not fall under the discretionary function exception. The court also granted plaintiff's motion for leave to file a third amended complaint, which they field on June 19.
On July 29, 2009, plaintiffs, citing a settlement agreement, filed an unopposed motion asking the court to dismiss the lawsuit with prejudice. The case was dismissed on July 31. The Southern Poverty Law Center provided the settlement agreement. In the settlement, the United States agreed to pay plaintiffs $35,000 and plaintiffs agreed to voluntarily dismiss the case.

Dan Dalton - 09/24/2007
Jennifer Bronson - 12/05/2013


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Issues and Causes of Action
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Issues
Discrimination-basis
National origin discrimination
Race discrimination
General
Search policies
Immigration
Constitutional rights
Detention - conditions
Detention - criteria
Detention - procedures
ICE/DHS/INS raid
Plaintiff Type
Private Plaintiff
Causes of Action Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Declaratory Judgment Act, 28 U.S.C. § 2201
Bivens
Defendant(s) U.S. Immigration and Customs Enforcement
Plaintiff Description All persons of Mexican, Latin, or Hispanic origin or appearance who are within the formal jurisdiction and actual territory covered by Immigration and Customs Enforcement agents who are directed from the Special Agentin-Charge Office in Atlanta, Georgia.
Indexed Lawyer Organizations Southern Poverty Law Center
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration not on record
Case Closing Year 2009
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
1:06-cv-02650-TWT (N.D. Ga.) 07/31/2009
IM-GA-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 11/01/2006
IM-GA-0004-0001.pdf | Detail
First Amended Complaint - Class Action 06/14/2007
IM-GA-0004-0002.pdf | Detail
Order 03/24/2008 (N.D. Ga.)
IM-GA-0004-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint 06/19/2008
IM-GA-0004-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 03/13/2009 (N.D. Ga.)
IM-GA-0004-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation for Compromise Settlement and Release of Federal Tort Claims Act Claims Pursuant to 28 U.S.C 2677 06/09/2009
IM-GA-0004-0003.pdf | Detail
Judges Thrash, Thomas W. Jr. (N.D. Ga.)
IM-GA-0004-0004 | IM-GA-0004-0006 | IM-GA-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bauer, Mary C. (Alabama)
IM-GA-0004-0001 | IM-GA-0004-0002 | IM-GA-0004-0005 | IM-GA-0004-9000
Benjamin-Gomez, Arlen S (Alabama)
IM-GA-0004-0002 | IM-GA-0004-9000
Brownstein, Rhonda C. (Alabama)
IM-GA-0004-0001 | IM-GA-0004-0002 | IM-GA-0004-0005 | IM-GA-0004-9000
Bruner, Kelley McNair (Alabama)
IM-GA-0004-0001 | IM-GA-0004-0002 | IM-GA-0004-0005 | IM-GA-0004-9000
Dees, Morris S. Jr. (Alabama)
IM-GA-0004-0001 | IM-GA-0004-0002 | IM-GA-0004-0005 | IM-GA-0004-9000
Fisher, Genesis R.A.C. (Alabama)
IM-GA-0004-0002 | IM-GA-0004-9000
Hoffman, Paul L. (California)
IM-GA-0004-0001 | IM-GA-0004-0002 | IM-GA-0004-9000
Knoepp, James Melvin (Georgia)
IM-GA-0004-9000
Lapointe, Michelle R. (Georgia)
IM-GA-0004-9000
Ramírez, Mónica M. (California)
IM-GA-0004-0005
Spears, George Brian (Georgia)
IM-GA-0004-0001 | IM-GA-0004-0002 | IM-GA-0004-9000
Werner, Daniel (Georgia)
IM-GA-0004-0003 | IM-GA-0004-0005 | IM-GA-0004-9000
Defendant's Lawyers Cunningham, Jean M. (District of Columbia)
IM-GA-0004-9000
Greene, Glenn S. (District of Columbia)
IM-GA-0004-9000
Juncaj, Gjon (District of Columbia)
IM-GA-0004-9000
Long, Alonzo H. (Georgia)
IM-GA-0004-0003 | IM-GA-0004-9000
Stokes, Sharon Douglas (Georgia)
IM-GA-0004-9000
Other Lawyers None on record

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