Case: Jama v. United States Immigration and Natural Service

2:97-cv-03093 | U.S. District Court for the District of New Jersey

Filed Date: June 16, 1997

Closed Date: Aug. 9, 2010

Clearinghouse coding complete

Case Summary

The Jama lawsuit is a companion case to the class action, Brown v. Esmor Correctional Services, Inc., No. 98-1282(DRD) and Joaquin DaSilva v. Esmor Correctional Services Incorporated, et al., No. 96-3755(DRD), which were also pending in to U.S. District Court District of New Jersey. All three cases, Jama, Brown and DaSilva were filed on behalf of undocumented aliens who were detained at a facility that the Immigration and Naturalization Service (''INS'') maintained in Elizabeth, New Jersey pend…

The Jama lawsuit is a companion case to the class action, Brown v. Esmor Correctional Services, Inc., No. 98-1282(DRD) and Joaquin DaSilva v. Esmor Correctional Services Incorporated, et al., No. 96-3755(DRD), which were also pending in to U.S. District Court District of New Jersey. All three cases, Jama, Brown and DaSilva were filed on behalf of undocumented aliens who were detained at a facility that the Immigration and Naturalization Service (''INS'') maintained in Elizabeth, New Jersey pending a determination of their asylum status. Plaintiffs in all cases alleged that during their detention they were subjected to torture, beatings, harassment and inhumane living conditions which included inadequate sanitation, exercise, and medical treatment. Brown was a class action, while Jama and DaSilva were filed and maintained on behalf of individual plaintiffs that opted out of the Brown class. All three cases were assigned to District Court Judge Dickinson R. Debevoise.

Jama was filed on June 16, 1997 and named as defendants the INS, Esmor Correctional Services, Inc., the private corporation which operated the facility for the INS., and individual corporate officers and agents. Claims for relief included alleged violations of the First, Fifth, and Thirteenth Amendments to the United States Constitution; numerous provisions of the New Jersey Constitution; the International Covenant on Civil and Political Rights (''ICCPR''); customary international law; the Alien Tort Claims Act, 28 U.S.C. § 1350 (''ATCA''); the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000bb, et seq. (''RFRA''); the Fair Labor Standards Act; and New Jersey law.

On April 24, 1998 the District Court (Judge Dickinson R. Debevoise) certified the Brown case as a class action consisting of a class of all detainees who were incarcerated at the Elizabeth, New Jersey facility from August 1994 to July 1995. Notice was sent to class members in March 1999. Class members were given the option to opt out of the class and pursue their own damage actions. Many of the class notices mailed out were returned as undeliverable, as detainees had been released or transferred.

The defendants moved to dismiss the Jama case as applied to various groups. The District Court, Judge Debevoise) granted the motion in part and denied it without prejudice in part. Jama v. U.S. I.N.S., 22 F.Supp.2d 353 (D.N.J. Oct 01, 1998).

On October 29, 1998, the Jama, Brown and DaSilva cases were consolidated for the purpose of discovery.

Extensive discovery proceeded for four years. During that time, the parties also engaged in protracted litigation over whether plaintiffs in the Jama and DaSilva actions failed to timely opt-out of the Brown class action. See DaSilva v. Esmor Correctional Services Inc., 215 F.R.D. 477 (D.N.J. 2003); Jama v. Esmor Correctional Services, Inc., 2005 WL 2901899, 2005 U.S. Dist. LEXIS 26060 (D.N.J. Nov 01, 2005); and Dasilva v. Esmor Correctional Services, Inc., 167 Fed.Appx. 303 (3rd Cir. 2006). The Jama plaintiffs eventually settled their claims against the U.S. and the INS, leaving Esmor and its officers as the lone defendants.

In January 2003, the Esmor defendants filed a motion for summary judgment in the Jama Action. A similar motion was filed in the Brown class action case in September 2003. Individual INS defendants also moved to dismiss or for summary judgment

Oral arguments on all the motions for summary judgment were conducted on June 29 and June 30, 2004. The District Court Debevoise, disposed of all pending motions in two separate orders. Jama v. INS, 334 F. Supp. 2d 662 (D.N.J. 2004) (addressing the Brown motions) and Jama v. U.S. I.N.S., 343 F.Supp.2d 338 (D.N.J. 2004) (addressing the Jama motions). Judge Debevoise held that the settlement agreement between plaintiffs and the U.S. settled any and all claims, that the INS was therefore entitled to be dismissed from the case. As to the Esmor defendants, Judge Debevoise ruled that plaintiffs had viable claims under 1) the Alien Tort Claims Act, 28 U.S.C. § 1350 (the "ATCA"); the Religious Freedom Restoration Act, 42 U.S.C. §§ 2000 bb, et seq. (the "RFRA"); and state law claims based on Esmor's and its officers' alleged negligent failure to safeguard plaintiffs' property and negligent hiring, training, supervision and retention of employees. All other claims were dismissed.

The Court then deconsolidated the Brown case from the Jama and DaSilva actions, finding that the Brown case was ready for trial. The DaSilva case was eventually dismissed without prejudice and its plaintiffs became members of the Brown action class. The Brown case ultimately settled in August 2005, while the Jama action proceeded to trial.

The Jama proceedings were stayed briefly from November 2005 to February 2006, while the Courts resolved the objection that the Jama plaintiffs did not timely opt out of the Brown class action. See Jama v. Esmor Correctional Services, Inc., 2005 WL 2901899, 2005 U.S. Dist. LEXIS 26060 (D.N.J. Nov 01, 2005) and Dasilva v. Esmor Correctional Services, Inc., 167 Fed.Appx. 303 (3rd Cir. 2006). After the stay was lifted, the parties completed discovery, including depositions of experts.

Pre-trial motions were filed and the Court was called upon to resolve disputes over expert witness testimony. Jama v. Esmor Correctional Services, Inc., 2007 WL 1847385, 2007 U.S. Dist. LEXIS 45706 (D.N.J. Jun 25, 2007).

A jury trial began on September 25, 2007 and continued through mid-November. On November 13, 2007, the jury reached a verdict, finding as follows:

1. For defendants on the Alien Tort Claims Act claim and certain negligence claims.

2. For plaintiff Jama on Religious Freedom Restoration Act claim and awarded $1.00 in nominal damages.

3. For plaintiff Jama and against Esmor and several individual defendants on claim for negligent hiring, training, supervision and/or retention and awarded $100,000 in compensatory damages.

No punitive damages were rendered.

On November 20, 2007, the Court awarded plaintiffs attorneys' fees in the amount of $137,808.04 ($29,208.04 to Debevoise & Plimpton and $108,600.00 to the Rutgers Constitutional Litigation Clinic) in connection to a prior ruling concerning spoliation of evidence. Jama v. Esmor Corr. Servs., Inc., No. 97-3093(DRD), 2007 WL 4166016 (D.N.J. Nov. 20, 2007).

On March 17, 2008, the District Court (Judge Debevoise) entered an opinion denying Defendants' renewed motion for judgment as a matter of law. The Court held that the trial record "revealed a history of grievous abuses of the religious beliefs and practices not only of Jama but also of others, utterly without justification; and there is revealed a pattern of physical and emotional abuse of detainees, including Jama, perpetrated by untrained and often sadistic guards, all of which was known or should have been known by higher officers in Esmor." Jama v. Esmor Corr. Servs., Inc., No. 97-3093(DRD), 2008 WL 724337 (D.N.J. Mar. 17, 2008).

On April 16, 2008, Defendants filed a notice of appeal, seeking review of the Court's denial of their motions for judgment as a matter of law. This appeal would subsequently be voluntarily dismissed on October 2, 2008.

On April 23, 2008, the District Court awarded Plaintiffs attorneys' fees and expenses, pursuant to 42 U.S.C. § 1988, in the amount of $642,398.57. Jama v. Esmor Corr. Servs., Inc., 549 F. Supp. 2d 602 (D.N.J. 2008). The United States Court of Appeals for the Third Circuit subsequently vacated the order, holding that the District Court's "degree of success inquiry under § 1988 was based on an impermissible reconstruction of the jury verdict," and remanded for further proceedings. Jama v. Esmor Corr. Servs, Inc., 577 F.3d 169 (3d Cir. 2009). The parties subsequently reached a settlement agreement on the question of attorneys' fees (which was not filed with the Court). The case was dismissed with prejudice on August 9, 2010.

Summary Authors

Dan Dalton (11/16/2007)

Dan Whitman (11/12/2014)

Related Cases

Brown v. Esmor Correctional Services, Inc., District of New Jersey (1998)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4308697/parties/jama-v-esmor-correctional-servs-inc/


Judge(s)
Attorney for Plaintiff

Askin, Frank (New Jersey)

Attorney for Defendant

Applegate, Kit (New Jersey)

Barrett, Bruce E. (New Jersey)

Cassell, Susan C. (New Jersey)

Chase, Jeffrey L. (New Jersey)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

2:97-cv-03093

Docket (PACER)

Aug. 17, 2010

Aug. 17, 2010

Docket
1

2:97-cv-03093

Complaint

June 16, 1997

June 16, 1997

Complaint
531

2:97-cv-03093

Jury Questionnaire

Jama v. Brown v. Esmor Correctional Services, Inc.

Nov. 13, 2007

Nov. 13, 2007

Other
528

2:97-cv-03093

Jury Trial

Jama v. Brown v. Esmor Correctional Services, Inc.

Nov. 13, 2007

Nov. 13, 2007

Other
534

2:97-cv-03093

Opinion

Jama v. Brown v. Esmor Correctional Services, Inc.

Nov. 20, 2007

Nov. 20, 2007

Order/Opinion

2007 WL 2007

556

2:97-cv-03093

Opinion

Jama v. Brown v. Esmor Correctional Services, Inc.

March 17, 2008

March 17, 2008

Order/Opinion

2008 WL 2008

565

2:97-cv-03093

Opinion

Jama v. Brown v. Esmor Correctional Services, Inc.

April 23, 2008

April 23, 2008

Order/Opinion

549 F.Supp.2d 549

00319765079

08-02500

Third Circuit Opinion

Jama v. Esmor Correctional Services, Inc.

U.S. Court of Appeals for the Third Circuit

Aug. 12, 2009

Aug. 12, 2009

Order/Opinion

577 F.3d 577

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4308697/jama-v-esmor-correctional-servs-inc/

Last updated March 23, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed FILING FEE $ 150.00 RECEIPT # 241777 (dr) Additional attachment(s) added on 1/23/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 06/17/1997)

1 part 2

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2 part 3

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3 part 4

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June 16, 1997

June 16, 1997

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2

APPLICATION/MOTION FOR LEAVE TO ADMIT PENNY M. VENETIS ESQ. AND MARTIN GLENN, ESQ PRO HAC VICE esq. (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)

June 16, 1997

June 16, 1997

PACER
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AFFIDAVIT of FRANK ASKIN on Re: In Support of Pro Hac Vice Application (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)

June 16, 1997

June 16, 1997

PACER
4

NOTICE of Allocation and Assignment filed. Magistrate STANLEY R. CHESLER (dr) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/17/1997)

June 16, 1997

June 16, 1997

PACER

SUMMONS issued for dft., INS ( 60 Days) (Mailed to Counsel) (cs)

June 18, 1997

June 18, 1997

PACER

SUMMONS(ES) issued for dfts., JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, JOHN DOE BOYER, JOHN DOE FREISS, JOHN DOE SILVA, JAMES SLATTERY, AARON SPEISMAN, WILLARD STOVALL, JOHN LIMA, JAMES POULAND, DIANE McCLURE, RICHARD STALEY, JOHN DOE BROWN, JOHN DOE BROWNDIE, JANE DOE CLARK, JOHN DOE EDIDER, JOHN DOE FEDER, JOHN DOE FIGEL, JOHN DOE GARCIA, JOHN DOE GILL, JOHN DOE HAWKINS, JOHN DOE HAYES, JOHN DOE HIGGS, JOHN DOE HUGHES, JOHN DOE HUNTER, JOHN DOE JACKSON, JOHN DOE JOHNSON, JOHN DOE KUTZ, JOHN DOE MELENDEZ, JANE DOE MICHELLE, JOHN DOE MOHAMMED, JOHN DOE NKENKE, JANE DOE PHIL, JOHN DOE SNEED, JOHN DOE STRATFORD, JOHN DOE VANDERPOOR, JOHN DOE WILLIAMS, JOHN DOE WILSON, JOHN DOE WALLINGTON ( 20 Days) (Mailed to Counsel) (cs)

June 18, 1997

June 18, 1997

PACER
5

ORDER granting [2-1] application ( signed by Judge Dickinson R. Debevoise ) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 06/19/1997)

June 18, 1997

June 18, 1997

PACER
6

APPLICATION by INS and Clerk's Order extending time to answer. Answer due 9/22/97 for INS (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 08/26/1997)

Aug. 25, 1997

Aug. 25, 1997

PACER
7

STIPULATION and ORDER Re: answers to complt. & interrog., etc. ( signed by Judge Dickinson R. Debevoise ) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/04/1997)

Sept. 2, 1997

Sept. 2, 1997

PACER
8

ORDER TO SHOW CAUSE: why an order should not be entered purs to Local Rule 12(A) of the USDC, granting motion of pltfs to serve interrogatories on deft. INS Show Cause Hearing set for 8:30 9/11/97 ( signed by Judge Dickinson R. Debevoise ) (DD) (Entered: 09/08/1997)

Sept. 4, 1997

Sept. 4, 1997

PACER
9

Minute entry: Proceedings recorded by Ct-Reporter: Howard Rappaport; Minutes of: 09/11/97; The following actions were taken, granting [8-1] order. Court transcript to serve as Order. By Judge Dickinson R. Debevoise (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/12/1997)

Sept. 11, 1997

Sept. 11, 1997

PACER
10

AMENDED COMPLAINT by HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER, CHARLES ADDAI, amending [1-1] complaint against DAVID MCLEAN, EARLINE D. BOYER, ALAN FREISS, KEVIN T. BRODIE, IRVING BROWN, TOMMIE L. BROWN, CATRINA CLARK, LEONARD EADY, FRANK FIGEL, LUIS GARCIA, DARRELL GILL, WINFRED HAWKINS, ISAIAH HUGHES, DORIAN HUNTER, WILLIE O. HUNTER, MICHAEL JACKSON, PHILLIP JOHNSON, MICHAEL MELENDEZ, OKAY NKENKE, ROBERT SNEAD, COREY STRADFORD, MICHAEL TATE, AUGUSTUS VANDERPUYE, WILLIAM WALLINGTON, NORMAN WILLIAMS (ej) Additional attachment(s) added on 1/23/2007 (af, ). Additional attachment(s) added on 1/23/2007 (mn, ). Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/24/1997)

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2 part 4

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3 part 3a

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4 part 3b

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Sept. 23, 1997

Sept. 23, 1997

PACER
11

Notice of MOTION for DANIEL V. GSOVSKI, ESQ. to appear pro hac vice by ESMOR CORRECTIONAL, w/SILB & Certificate of Service. ( PO Subm) (ej) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 09/30/1997)

Sept. 30, 1997

Sept. 30, 1997

PACER
12

APPLICATION/MOTION by deft., INS for extension of time to answer; w/cert. of serv. {Brief/PO subm} {copy sent to DRD} (DD) Modified on 10/07/1997 Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/07/1997)

Oct. 6, 1997

Oct. 6, 1997

PACER
13

ORDER granting [11-1] motion for DANIEL V. GSOVSKI, ESQ. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (bl) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/07/1997)

Oct. 6, 1997

Oct. 6, 1997

PACER
14

ORDER granting [12-1] application for extensiton of time to 10/14/97 to answer( signed by Judge Dickinson R. Debevoise ) (bl) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/10/1997)

Oct. 8, 1997

Oct. 8, 1997

PACER
15

ANSWER TO AMENDED COMPLAINT and CROSSCLAIM by INS against ESMOR CORRECTIONAL (bl) Additional attachment(s) added on 1/23/2007 (af, ). (Entered: 10/14/1997)

Oct. 8, 1997

Oct. 8, 1997

PACER
16

Letter/APPLICATION by pltfs requesting an extension of time by 30 days the 120-day time limit for service of process for the remaining unserved defts w/cert of service attached (copy to DRD) (jd) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

PACER
17

DECLARATION of Penny Venetis in support of application to extime time to serve remaining defts w/exhibits attached (jd) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/15/1997)

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2 part 3

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Oct. 14, 1997

Oct. 14, 1997

PACER
18

ORDER, extending time for pltf to effect service, w/in 30 days ( signed by Judge Dickinson R. Debevoise ) (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/15/1997)

Oct. 14, 1997

Oct. 14, 1997

PACER
19

ANSWER by ESMOR CORRECTIONAL, JAMES SLATTERY, AARON SPEISMAN, RICHARD STALEY to amended complaint (ej) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/17/1997)

1 part 2

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Oct. 15, 1997

Oct. 15, 1997

PACER
20

ORDER, resetting answer due for 11/8/97 for dfts., NORMAN WILLIAMS, for PHILLIP JOHNSON, for JOHN DOE HIGGS ( signed by Judge Dickinson R. Debevoise ) n/m (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/28/1997)

Oct. 27, 1997

Oct. 27, 1997

PACER
21

APPLICATION by WILLARD STOVALL and Clerk's Order extending time to answer. Answer due 11/12/97 for WILLARD STOVALL (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/29/1997)

Oct. 28, 1997

Oct. 28, 1997

PACER
22

DECLARATION of DAVID DON on behalf of INS Re: search to identify "John Doe Silva" (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 10/31/1997)

Oct. 30, 1997

Oct. 30, 1997

PACER
23

ANSWER to Complaint by WILLIE O. HUNTER, MICHAEL JACKSON (pv) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/06/1997)

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2 part 2

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Nov. 5, 1997

Nov. 5, 1997

PACER
24

ANSWER by WILLIAM HIGGS to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997)

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2 part 1

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3 part 2

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Nov. 6, 1997

Nov. 6, 1997

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25

ANSWER by NORMAN WILLIAMS to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997)

Nov. 6, 1997

Nov. 6, 1997

PACER
26

ANSWER by PHILLIP JOHNSON to amended complaint; demand for damages, jury demand & cert. of service. (mn) Additional attachment(s) added on 1/24/2007 (mn, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/07/1997)

Nov. 6, 1997

Nov. 6, 1997

PACER
27

STIPULATION and ORDER, extending time to answer crossclaims, answer due for 11/18/97 for ESMOR CORRECTIONAL ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/12/1997)

Nov. 10, 1997

Nov. 10, 1997

PACER
28

AMENDED ANSWER to the first amended Complaint by ESMOR CORRECTIONAL, JAMES SLATTERY, AARON SPEISMAN, JOHN LIMA, RICHARD STALEY : amends [19-1] complaint answer (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/14/1997)

1 part 2

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Nov. 12, 1997

Nov. 12, 1997

PACER
29

ANSWER by JOHN DOE 1(Edward Krous) to amended complaint; jury demand; demand for damages (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/18/1997)

Nov. 17, 1997

Nov. 17, 1997

PACER
30

Notice of MOTION to dismiss for lack of jurisdiction, improper venue; failure to state a claim and failure to properly plead, for TOM DIRICKSON to appear pro hac vice by dft., JAMES BRIAN POULAND Motion hearing set for 12/22/97 on [30-1] motion, set for 12/22/97 on [30-2] motion, set for 12/22/97 on [30-3] motion w/cert of svc. (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

PACER
31

ORDER, scheduling conference for 1:30 1/7/98 ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/19/1997)

Nov. 18, 1997

Nov. 18, 1997

PACER
32

ANSWER by JAMES POULAND to amended complaint; jury demand (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/20/1997)

Nov. 19, 1997

Nov. 19, 1997

PACER
33

LETTER By IRVING BROWN in opposition re paragraph 27 of complaint concerning Guard Brown videotape (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/21/1997)

Nov. 20, 1997

Nov. 20, 1997

PACER
34

Notice of MOTION for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice by JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE D. BOYER, ALAN FREISS, Motion hearing set for 12/22/97 on [34-1] motion, SILB, proof of serv (PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997

Nov. 21, 1997

PACER
35

AFFIDAVIT of A. DAVID CARLSON on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997

Nov. 21, 1997

PACER
36

AFFIDAVIT of NATHAN M. RYMER on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997

Nov. 21, 1997

PACER
37

AFFIDAVIT of EDWARD R. MURPHY on Re: [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 11/26/1997)

Nov. 21, 1997

Nov. 21, 1997

PACER
38

CROSSCLAIM by JOHN DOE McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE D. BOYER, ALAN FREISS agst ESMOR (pv) Additional attachment(s) added on 1/24/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (see hyper linked document no. 38) (Entered: 11/26/1997)

Nov. 21, 1997

Nov. 21, 1997

PACER

ANSWER by ESMOR to third party complt of INS (pv) Additional attachment(s) added on 1/24/2007 (af, ).

Nov. 25, 1997

Nov. 25, 1997

PACER
39

COUNTERCLAIM by ESMOR CORRECTIONAL agst INS (pv) Additional attachment(s) added on 1/24/2007 (af, ). Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/01/1997)

Nov. 25, 1997

Nov. 25, 1997

PACER
40

ORDER, extending time, answer due for 12/5/97 for WILLARD STOVALL ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/03/1997)

Dec. 1, 1997

Dec. 1, 1997

PACER
41

ANSWER by WILLARD STOVALL to amended complaint (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/04/1997)

1 part 2

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Dec. 3, 1997

Dec. 3, 1997

PACER
42

STIPULATION and ORDER, extending time, answer due for 12/16/97 for DIANE McCLURE or within time INS be required to answer, whichever date is later ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/18/1997)

Dec. 17, 1997

Dec. 17, 1997

PACER
43

NOTICE of substitution by UNITED STATES in place of DAVID McCLEAN, NORMAN UZZLE, MICHAEL D. ROZOS, EARLINE BOYER, ALAN FREISS pursuant to FEDERAL EMPLOYEES LIABILITY REFORM AND TORT COMPENSATION ACT (pv) Modified on 12/23/1997 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 19, 1997

Dec. 19, 1997

PACER
44

Notice of MOTION to dismiss or for summary judgment by INS, Motion hearing set for 1/12/98 on [44-1] motion, set for 1/12/98 on [44-2] motion, proof of serv (Brief/PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 19, 1997

Dec. 19, 1997

PACER
45

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 12/22/97; The following actions were taken, granting [30-1] motion to dismiss for lack of jurisdiction granting [30-2] motion improper venue; failure to state a claim and failure to properly plead granting [30-3] motion for TOM DIRICKSON to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

PACER
46

Minute entry: Proceedings recorded by ; Minutes of: 12/22/97; The following actions were taken, granting [34-1] motion for A. DAVID CARLSON, ESQ. & NATHAN M. RYER, ESQ. to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

PACER
47

ORDER, for A. David Carlson, Esq. & Nathan M. Rymer, Esq. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

PACER
48

STIPULATION and ORDER, dismissing deft, POULARD ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

PACER
49

ANSWER by DORIAN HUNTER, MICHAEL MELENDEZ to amended complaint; jury demand; demand for damages (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/23/1997)

Dec. 22, 1997

Dec. 22, 1997

PACER
50

NOTICE by INS requesting the court to substitutethe original signed declaration of Robert E. Dalton in place of the copy, which is found as Exhibit No. 2, etc. filed on 12/19/97 w/ cert of service attached (jd) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 12/24/1997)

Dec. 22, 1997

Dec. 22, 1997

PACER
51

ANSWER to Amended Complaint by DIANE McCLURE.(mn, ) (Entered: 01/26/2007)

Dec. 29, 1997

Dec. 29, 1997

PACER
53

CERTIFICATE OF SERVICE by INS of motion to dismiss, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

PACER
54

CERTIFICATE OF SERVICE by INS of initial disclosure statement (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

PACER
52

CERTIFICATE OF SERVICE of scheduling order sent to counsel (mn, ) (Entered: 01/26/2007)

Jan. 8, 1998

Jan. 8, 1998

PACER
55

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 1/12/98; The following actions were taken, adjourning motion hearing on [44-1] motion to dismiss by INS for 2/23/98, adjourning motion hearing on [44-2] motion for summary judgment by INS for 2/23/98 By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/14/1998)

Jan. 12, 1998

Jan. 12, 1998

PACER
56

ANSWER by dft., INS to [39-1] counter claim of dft., ESMOR w/cert of svc (cs) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/20/1998)

Jan. 16, 1998

Jan. 16, 1998

PACER
57

SCHEDULING ORDER setting Status conference 10:00 4/3/98 ; directing INS to re-serve motion todismiss, opposition due l/30/98, etc. ( signed by Mag. Judge Ronald J. Hedges ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 01/22/1998)

Jan. 20, 1998

Jan. 20, 1998

PACER
58

CERTIFICATE OF SERVICE by INS of first set of interrogatories and requests for production of documents (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/05/1998)

Feb. 3, 1998

Feb. 3, 1998

PACER
59

Notice of MOTION for LARRY S. REICH, ESQ. to appear pro hac vice by ESMOR CORRECTIONAL, Motion hearing set for 3/9/98 on [59-1] motion, certf of LARRY S. REICH & proof of serv (PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/05/1998)

Feb. 4, 1998

Feb. 4, 1998

PACER
60

STIPULATION and ORDER adjourning motion to dismiss by INS to 4/27/98 & setting briefing schedule ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/11/1998)

Feb. 9, 1998

Feb. 9, 1998

PACER
61

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 2/23/98; The following actions were taken, adjourning motion hearing on [44-1] motion to dismiss by INS for 4/27/98, adjourning motion hearing on [44-2] motion for summary judgment by INS for 4/27/98 By Judge Dickinson R. Debevoise (pv) Modified on 05/06/1998 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 02/24/1998)

Feb. 23, 1998

Feb. 23, 1998

PACER
62

Notice of MOTION to dismiss complaint by JAMES POULAND, Motion hearing set for 3/23/98 on [62-1] motion (Brief/PO Subm) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)

Feb. 27, 1998

Feb. 27, 1998

PACER
63

AFFIDAVIT of JAMES POLAND on Re: [62-1] motion to dismiss complaint (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)

Feb. 27, 1998

Feb. 27, 1998

PACER
64

CERTIFICATE OF SERVICE by JAMES POULAND of motion to dismiss, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/03/1998)

Feb. 27, 1998

Feb. 27, 1998

PACER
65

AMENDED ANSWER to Amended Complaint by LUIS GARCIA, WILLIE O. HUNTER, MICHAEL JACKSON : amends; jury demand; demand for damages (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/06/1998)

March 5, 1998

March 5, 1998

PACER
66

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 3/9/98; The following actions were taken, At call granting [59-1] motion for LARRY S. REICH, ESQ. to appear pro hac vice By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/10/1998)

March 9, 1998

March 9, 1998

PACER
67

ORDER granting [59-1] motion for LARRY S. REICH, ESQ. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)

March 9, 1998

March 9, 1998

PACER
68

DECLARATION in OPPOSITION of PENNY M. VENETIS Re: motion to dismiss (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

PACER
69

CERTIFICATE OF SERVICE of pltfs memorandum of law in opposition, etc (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/11/1998)

March 10, 1998

March 10, 1998

PACER
70

Notice of MOTION for admission of Thomas Wolf, Esq. to appear pro hac vice by DIANE McCLURE, Motion hearing set for 4/13/98 on [70-1] motion . (mn) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/20/1998)

March 19, 1998

March 19, 1998

PACER
71

Minute entry: Proceedings recorded by Ct-Reporter: none; Minutes of: 03/23/98; The following actions were taken, setting motion hearing on [62-1] motion to dismiss complaint by JAMES POULAND for <date not set> By Judge Dickinson R. Debevoise (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/24/1998)

March 23, 1998

March 23, 1998

PACER
72

STIPULATION and ORDER, Motion hearing set for 5/11/98 for [62-1] motion to dismiss complaint ( signed by Judge Dickinson R. Debevoise ) (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 03/26/1998)

March 25, 1998

March 25, 1998

PACER
73

ANSWER to First Amended Complaint by ROBERT SNEAD; jury demand; demand for damages (femp) Modified on 04/07/1998 Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/07/1998)

April 7, 1998

April 7, 1998

PACER
75

LETTER Re: out of state atty appearance by A. DAVID CARLSON AND NATHAN RYMER on behalf of INS OFFICIALS FRIESS, UZZLE, ROZOS, BOYER, MCLEAN (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/08/1998)

April 7, 1998

April 7, 1998

PACER
74

ANSWER by TOMMIE L. BROWN to amended complaint; jury demand w/demand for damages (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/08/1998)

April 8, 1998

April 8, 1998

PACER
76

ORDER granting [70-1] motion for admission of Thomas Wolf, Esq. to appear pro hac vice ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/14/1998)

April 13, 1998

April 13, 1998

PACER
77

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 04/13/98; The following actions were taken, At call for granting [70-1] motion for admission of Thomas Wolf, Esq. to appear pro hac vice; Motion unopposed By Judge Dickinson R. Debevoise (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/15/1998)

April 13, 1998

April 13, 1998

PACER
81

TRO ORDER TO SHOW CAUSE: Re: further staying deportation of Ms. Agatha Serwaa Show Cause Hearing set for 5/4/98 ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/04/1998)

April 21, 1998

April 21, 1998

PACER
78

DECLARATION of LUCINDA A. LOVE on behalf of INS Re: opposition to continuation of temporary restraining order staying deportation of Agatha Serwaa (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER
79

CERTIFICATE OF SERVICE by INS of opposition to continuation of temporary restraining order staying deportation of Agatha Serwaa (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 04/28/1998)

April 27, 1998

April 27, 1998

PACER
80

ORDER, extending time to answer for dft, WILLIAM WALLINGTON until 6/1/98 ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/01/1998)

May 1, 1998

May 1, 1998

PACER
82

SUPPLEMENTAL AFFIDAVIT of PENNY M. VENETIS on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: OTSC (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

PACER
83

DECLARATION of TINA F. ANTONAKAKIS on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: in supp pltf's motion to stay (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

PACER
84

AFFIDAVIT of MIRTHA J. OSPINA on behalf of HAWA ABDI JAMA, ABU BAKAR, JOSEPH ACKAH, BENJAMIN ANANG, KWEKU AWOTWE, YVETTE NSUKAMI BADJOKO, GONZALO CRESPO, JOSEPH DEBRAH, CECILIA KOU JEFFREY, ANANTHARAJAH JEYAKUMAR, ABRAHAM KENNETH, NAGENDRAN MANOHARAN, THOMAS KYEU MANU, DENNIS RAJI, SHAMIMU NANTEZA, AGATHA SERWAA, JASMEL SINGH, FOLORUNSHO WASIU ALIBI, SARAH TETTEH YOWER Re: in supp of pltf's motion to stay (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

PACER
85

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 05/04/98; The following actions were taken, granting [81-1] order to show cause and TRO; Ordered week of 5/18/98 be made available to interview Agatha Serwaa; Ordered depo set for 5/27/98; Ordered that a receipt of notice allow 10 days before deportation; Opinion read into record; Order to be submitted by pltf By Judge Dickinson R. Debevoise (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/05/1998)

May 4, 1998

May 4, 1998

PACER
86

Minute entry: Proceedings recorded by Ct-Reporter: M. Giordano; Minutes of: 5/11/98; The following actions were taken, [44-1] motion to dismiss taken under advisement, [44-2] motion for summary judgment taken under advisement By Judge Dickinson R. Debevoise (pv) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/12/1998)

May 11, 1998

May 11, 1998

PACER
87

CERTIFICATE OF SERVICE RE: pltf's memorandum of law in response to deft James Poland's motion to dismiss served upon counsel of record (sr) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/18/1998)

May 18, 1998

May 18, 1998

PACER
88

ORDER continuing injunction staying deportation of AGATHA SERWAA; scheduling her depo for 5/27/98, etc ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/24/2007 (af, ). (Entered: 05/19/1998)

May 18, 1998

May 18, 1998

PACER
90

CERTIFICATE OF SERVICE by INS of reply in supp of its Motion to Dismiss (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 05/20/1998)

May 18, 1998

May 18, 1998

PACER
89

TRANSCRIPT of Proceedings taken on 5/4/98 (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 05/19/1998)

May 19, 1998

May 19, 1998

PACER
91

ANSWER to Complaint by WILLIAM WALLINGTON; jury demand (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 06/03/1998)

June 2, 1998

June 2, 1998

PACER
92

COURT'S LETTER directing that all gathered discovery materials be submitted w/in 30 days from 6/8/98, etc (Signed by Judge Debevoise) (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 06/05/1998)

June 4, 1998

June 4, 1998

PACER
93

AFFIRMATION of DANIEL V. GSOVSKI, ESQ. on behalf of ESMOR CORRECTIONAL Re: [93-1] motion for production of documents (femp) (this document is included in the above Notice of Motion entry, doc. #93) (Entered: 09/14/1998)

Sept. 9, 1998

Sept. 9, 1998

PACER
94

CERTIFICATION of GERALD D. SIEGEL on behalf of IRVING BROWN Re: [94-1] motion for leave to file answer out of time, [94-2] motion to vacate any default entered (femp) Modified on 09/16/1998 This certification is included in the above Notice of motion, doc.#94) (Entered: 09/16/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
95

ORDER granting [94-1] motion for leave to file answer out of time w/in 20 days of the date hereof granting [94-2] motion to vacate any default entered; etc ( signed by Judge Dickinson R. Debevoise ) (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 09/16/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
96

RESPONSE by INS in opposition to [93-1] motion for production of documents (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

PACER
97

DECLARATION of LUCINDA A. LOVE on behalf of INS Re: [96-1] opposition response (femp) Additional attachment(s) added on 1/25/2007 (af, ). (Entered: 09/18/1998)

Sept. 17, 1998

Sept. 17, 1998

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Labor Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 16, 1997

Closing Date: Aug. 9, 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual undocumented aliens detained at an INS facility in Elizabeth, NJ, from 08/94 through 06/95, who opted out of the Brown v. Esmor Correctional Services Inc. class action.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Immigration and Natural Service, Federal

Esmor Correctional Services Incorporated, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

State law

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Alien Tort Claims Act (ATCA), 28 U.S.C. §§ 1350

Constitutional Clause(s):

Due Process

Slavery/Involuntary servitude

Due Process: Substantive Due Process

Free Exercise Clause

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 100,001 in judgment; >137

Issues

General:

Conditions of confinement

Immigration/Border:

Constitutional rights

Convention against Torture

Detention - conditions