University of Michigan Law School
The Civil Rights Litigation Clearinghouse - Schoolhouse
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Case Name Barrera v. Boughton IM-CT-0006
Docket / Court 3:07-cv-01436-RNC ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration
Case Summary
On September 26, 2007, attorneys and law student interns with the Jerome N. Frank Legal Services Organization of the Yale Law School filed a civil rights lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut, New Haven Division, alleging discriminatory and ... read more >
On September 26, 2007, attorneys and law student interns with the Jerome N. Frank Legal Services Organization of the Yale Law School filed a civil rights lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut, New Haven Division, alleging discriminatory and unauthorized enforcement of federal immigration laws against Latino residents of the city of Danbury, Connecticut, in violation of the First, Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution, as well as the Connecticut Constitution and state common law.

Specifically, Plaintiffs alleged that the Mayor and the Danbury Police Department engaged in an unlawful campaign against immigrant and Latino communities, which included targeting Latinos for pretextual traffic stops for the purpose of investigating their immigration status. Plaintiffs alleged that officers would search detained drivers’ names in the FBI's National Crime Information Center (“NCIC”) database, arrest them for civil immigration violations, and then turn the arrestees over to ICE for deportation.

Plaintiffs further alleged that, as part of the Mayor’s plan to rid the city of immigrants, the Danbury Police Department conducted a September 19, 2006 immigration raid with ICE officials, during which eleven Latino day-laborers (the “Danbury 11”) who had gathered at a Danbury park were arrested, detained, and turned over to ICE. Nine of the eleven arrested laborers were plaintiffs in the instant lawsuit. Plaintiffs alleged that the eleven men were racially profiled and arrested without probable cause. Plaintiffs sought declaratory and injunctive relief and compensatory and punitive damages for the alleged violations.

An Amended Complaint was filed on November 26, 2007. The case was referred to Magistrate Judge Donna F. Martinez for entry of a scheduling order and to supervise discovery. On February 01, 2008, Defendants filed a motion to disqualify Plaintiffs’ counsel. On July 03, 2008, Judge Martinez denied Defendant’s Motion to Disqualify. Following that, both parties filed numerous motions regarding various issues in discovery and Magistrate Judge Martinez ruled accordingly.

A Second Amended Complaint was filed on October 01, 2009.

On February 22, 2011, the case was dismissed without prejudice as both parties reported that this action had been settled in full. The terms of the settlement are not available at the time of this writing.

Xin Chen - 05/03/2011


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Issues and Causes of Action
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Issues
Constitutional Clause
Federalism
Discrimination-basis
National origin discrimination
Race discrimination
General
Search policies
Immigration
Constitutional rights
Detention - criteria
Detention - procedures
ICE/DHS/INS raid
Undocumented immigrants - state and local regulation
Plaintiff Type
Private Plaintiff
Causes of Action State law
Bivens
42 U.S.C. § 1985
42 U.S.C. § 1983
Defendant(s) City of Danbury
Immigration and Custom Enforcement Division of the Department of Homeland Security
Plaintiff Description 11 Latino day laborers arrested and detained during an immigration enforcement raid
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party not on record
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Form of Settlement
Order Duration not on record
Case Closing Year 2011
Case Ongoing No
Case Listing IM-CT-0004 : Danbury Area Coalition for the Rights of Immigrants v. U.S. Dept. of Homeland Security (D. Conn.)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
3:07-cv-01436-RNC (D. Conn.) 04/11/2011
IM-CT-0006-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 09/26/2007
IM-CT-0006-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Mayor Boughton Addresses “Danbury 11” Lawsuit 09/26/2007
IM-CT-0006-0002 PDF | Detail
Amended Complaint 11/26/2007
IM-CT-0006-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum of Law in Support of Motion to Dismiss 02/01/2008
IM-CT-0006-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion to Dismiss 02/01/2008
IM-CT-0006-0004 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Defendants' Motion to Disqualify Counsel 02/01/2008
IM-CT-0006-0008 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss 03/07/2008
IM-CT-0006-0007 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ruling on Motions to Disqualify 07/03/2008 (D. Conn.)
IM-CT-0006-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Plaintiffs' Motion for Protective Order 04/10/2009 (2009 WL 4274819)
IM-CT-0006-0010 PDF | WESTLAW | Detail
Document Source: Westlaw
Memorandum in Support of Plaintiffs' Motion to Compel Discovery 05/08/2009 (2009 WL 4274821)
IM-CT-0006-0011 PDF | WESTLAW | Detail
Document Source: Westlaw
Memorandum in Support of Plaintiffs' Motion to Compel Production of Documents and to Obtain Costs from the City of Danbury and Individual Danbury Defendants 09/02/2009
IM-CT-0006-0012 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 10/01/2009
IM-CT-0006-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Ruling on Plaintiffs' Motion for Protective Order 03/19/2010 (2010 WL 1240904) (D. Conn.)
IM-CT-0006-0013 PDF | WESTLAW | Detail
Document Source: Westlaw
Ruling on Plaintiffs' Motion to Compel and for Cost 09/30/2010 (2010 WL 3926070) (D. Conn.)
IM-CT-0006-0014 PDF | WESTLAW | Detail
Document Source: Westlaw
Judges Chatigny, Robert N. (D. Conn.)
IM-CT-0006-9000
Martinez, Donna F. (D. Conn.) [Magistrate]
IM-CT-0006-0009 | IM-CT-0006-0013 | IM-CT-0006-0014 | IM-CT-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cohen, Joel M. (New York)
IM-CT-0006-0006 | IM-CT-0006-0012
Cox, Justin (Connecticut)
IM-CT-0006-0001
Engel, Rebecca (Connecticut)
IM-CT-0006-0001
Goergen, Elizabeth (New York)
IM-CT-0006-0006 | IM-CT-0006-0011 | IM-CT-0006-0012
Greenspan, Geri (Connecticut)
IM-CT-0006-0001
Hazeldean, Susan (Connecticut)
IM-CT-0006-0006 | IM-CT-0006-0012
Kassem, Ramzi (Connecticut)
IM-CT-0006-0001 | IM-CT-0006-0007 | IM-CT-0006-0010 | IM-CT-0006-0011 | IM-CT-0006-9000
La Perla, Joseph (New York)
IM-CT-0006-0006
Lasch, Christopher Nelson (Connecticut)
IM-CT-0006-0001 | IM-CT-0006-0005 | IM-CT-0006-0007 | IM-CT-0006-0010 | IM-CT-0006-0011 | IM-CT-0006-9000
Nurhussein, Siham (New York)
IM-CT-0006-0006 | IM-CT-0006-0011 | IM-CT-0006-0012
Ringer, Thom (Connecticut)
IM-CT-0006-0001
Schary, Alison (New York)
IM-CT-0006-0006
Tan, Michael (Connecticut)
IM-CT-0006-0001
Wishnie, Michael J. (Connecticut)
IM-CT-0006-0001 | IM-CT-0006-0005 | IM-CT-0006-0006 | IM-CT-0006-0007 | IM-CT-0006-0010 | IM-CT-0006-0011 | IM-CT-0006-0012 | IM-CT-0006-9000
Defendant's Lawyers Casagrande, Daniel E. (Connecticut)
IM-CT-0006-9000
Colson, Michelle Lynn (Connecticut)
IM-CT-0006-0004 | IM-CT-0006-9000
Deluca, Charles A. (Connecticut)
IM-CT-0006-0003 | IM-CT-0006-0008 | IM-CT-0006-9000
Morabito, Douglas P. (Connecticut)
IM-CT-0006-0004 | IM-CT-0006-9000
Parzymieso, Susan B. (Connecticut)
IM-CT-0006-9000
Shin, Victoria S. (Connecticut)
IM-CT-0006-9000
Thomas, Clarisse Nicole (Connecticut)
IM-CT-0006-9000
Other Lawyers None on record

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