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Case Name Committee for Immigrant Rights of Sonoma County v. Sonoma County IM-CA-0061
Docket / Court 3:08-cv-04220-RS ( N.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
Case Summary
On September 5, 2008, a non-profit immigrants rights organization and individual Latino residents of Sonoma County filed a lawsuit in the U.S. District Court for the District of Northern California, under § 1983, Bivens, the Administrative Procedure Act, the Federal Tort Claims Act and state tort ... read more >
On September 5, 2008, a non-profit immigrants rights organization and individual Latino residents of Sonoma County filed a lawsuit in the U.S. District Court for the District of Northern California, under § 1983, Bivens, the Administrative Procedure Act, the Federal Tort Claims Act and state tort law against the Sonoma County Sheriff's Department and U.S. Immigration and Customs Enforcement (ICE). The plaintiffs, represented by private and public interest counsel, asked the court for declaratory, injunctive, and monetary relief, alleging a violation of the Fourth, Fifth, and Fourteenth Amendments. Specifically, the plaintiffs claimed that the Sheriff's Department and ICE had been illegally collaborating to stop and search people who appeared to be of Latino origin, interrogate them about their immigration status, and detain them in the county jail without informing them of what charges they were being held on, providing them with access to legal or consular services, or notifying them of their right to a hearing.

On January 28, 2009, the defendants moved to dismiss the case, and on July 31 the Court (Judge Phyllis J. Hamilton) partly granted and partly denied their motion. Comm. for Immigrant Rights of Sonoma County v. County of Sonoma, 644 F.Supp.2d 1177 (N.D. Cal. 2009). The Court held that plaintiffs' Bivens claims were not subject to dismissal based on sovereign immunity and that plaintiffs had stated a claim under federal and state law for discrimination in programs that receive government funding, but also held that the regulations authorizing immigration officers to issue detainers to other law enforcement agencies were not invalid, that plaintiffs' claims for unlawful withholding and unreasonable delay of hearings was not cognizable under the APA, that plaintiffs failed to state a claim for conspiracy and that plaintiff's failure to comply with state law requirements precluded state tort claims.

Plaintiffs amended their complaint on August 28, 2009 and again on September 14 to include federal tort claims. Defendants moved to dismiss the amended complaint on October 29. On March 10, 2010, the Court (Judge Phyllis J. Hamilton) granted in part and denied in part defendants' motion to dismiss the amended complaint. Comm. for Immigrant Rights of Sonoma County v. County of Sonoma, C 08-4220 PJH, 2010 WL 841372 (N.D. Cal. Mar. 10, 2010). The Court held that ICE's interpretation of regulations allowing it to issue immigration detainers to initiate local custody of immigration detainers was reasonable, but withheld judgment on whether the defendants' implementation of those regulations and their use of immigration detainers violated the law, and did not dismiss any of plaintiffs' claims.

On March 18, 2010, the case was reassigned to Judge Richard Seeborg, and defendants moved for reconsideration of Judge Hamilton's March 10 order. The Court (Judge Richard Seeborg) reaffirmed the order in all respects on June 11 and allowed the parties to proceed with discovery. Comm. for Immigrant Rights of Sonoma County v. County of Sonoma, C 08-4220 RS, 2010 WL 2465030 (N.D. Cal. June 11, 2010).

On July 15, 2011, plaintiffs came to a private settlement with the Sheriff's Department. The terms of the settlement required the Sheriff's Department to (1) pay damages ($3000 to one of the remaining individual plaintiffs and $5000 to the other), (2) change its policies on immigrations violations to, among other things, prohibit independent sweeps for such violations and not to alert ICE concerning people arrested for low level traffic violations unless the law so required, (3) change its booking procedures to include, among other things, alerting the consulates of non-citizens who had been arrested, (4) post information on the rights of non-citizens in its jails, and (5) give notice to plaintiffs of any changes to the above policies and procedures during over the following three years.

Plaintiffs concluded a private settlement with ICE about six months later, on December 5, 2011. Under the settlement, ICE (1) affirmed its interim policy governing the use of immigration detainers, adopted in August 2010, which only allowed the use of detainers after another law enforcement agency had independently arrested a non-citizen for a criminal violation, (2) agreed to distribute the above policy to all of its agents, and three (3) agreed to post information on free legal counsel and on the rights and procedures of the immigration system in Sonoma County jails for a period of three years.

Christopher Schad - 05/24/2012


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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
Plaintiff Type
Private Plaintiff
Causes of Action Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
State law
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Bivens
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
42 U.S.C. § 1983
42 U.S.C. § 1985
Defendant(s) County of Sonoma, California
Department of Homeland Security
Plaintiff Description a non-profit immigrants rights organization and three Latino residents of Sonoma County
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration not on record
Case Closing Year 2011
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)
3:08−cv−04220 (N.D. Cal.) 12/12/2011
IM-CA-0061-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Granting in Part and Denying in Part Defendants' Motions to Dismiss 07/31/2009 (644 F.Supp.2d 1177) (N.D. Cal.)
IM-CA-0061-0002.pdf | WESTLAW| LEXIS | Detail
Document Source:
Second Amended Complaint for Declaratory and Injunctive Relief and Damages 09/14/2009
IM-CA-0061-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order re Motion to Dismiss 03/10/2010 (2010 WL 841372) (N.D. Cal.)
IM-CA-0061-0003.pdf | WESTLAW | Detail
Document Source:
Order re Motions for Reconsideration 06/11/2010 (2010 WL 2465030) (N.D. Cal.)
IM-CA-0061-0004.pdf | WESTLAW | Detail
Document Source:
Settlement Agreement and General Release of Claims (Sheriff's Office) 07/15/2011
IM-CA-0061-0005.pdf | Detail
Document Source:
Settlement Agreement (ICE) 12/05/2011
IM-CA-0061-0006.pdf | Detail
Document Source:
Judges Corley, Jacqueline Scott (N.D. Cal.) [Magistrate]
IM-CA-0061-9000
Cousins, Nathanael M. (N.D. Cal.) [Magistrate]
IM-CA-0061-9000
Hamilton, Phyllis Jean (N.D. Cal.) [Magistrate]
IM-CA-0061-0002 | IM-CA-0061-0003
Seeborg, Richard G. (N.D. Cal.) [Magistrate]
IM-CA-0061-0004 | IM-CA-0061-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bouchier, Megan Susanna (California)
IM-CA-0061-9000
Chan, Melissa N. (California)
IM-CA-0061-0001 | IM-CA-0061-9000
Coshnear, Richard (California)
IM-CA-0061-0006
Daniels, Jason L. (California)
IM-CA-0061-0001 | IM-CA-0061-9000
Greenberg Delgado, Amalia Louise (California)
IM-CA-0061-9000
Heard, Mary Elizabeth (California)
IM-CA-0061-0001 | IM-CA-0061-9000
Ho, Tienlon (California)
IM-CA-0061-9000
Lynch, Robert Paul (California)
IM-CA-0061-9000
Mass, Julia Harumi (California)
IM-CA-0061-0001 | IM-CA-0061-0005 | IM-CA-0061-9000
O'Connor, Casey Richard (California)
IM-CA-0061-0001 | IM-CA-0061-9000
Pfeiffer, Alfred Carroll Jr. (California)
IM-CA-0061-0001 | IM-CA-0061-0005 | IM-CA-0061-9000
Schlosser, Alan Lawrence (California)
IM-CA-0061-0001 | IM-CA-0061-9000
Segura, Andre Ivan (California)
IM-CA-0061-0001 | IM-CA-0061-9000
Son, Hyun Jee (California)
IM-CA-0061-9000
Song, Stephanie Amy (California)
IM-CA-0061-9000
Studley, Robert William (California)
IM-CA-0061-9000
Defendant's Lawyers Deiss, Ila Casy (California)
IM-CA-0061-0006 | IM-CA-0061-9000
FitzGerald, Ellen (California)
IM-CA-0061-9000
Keck, Anne L (California)
IM-CA-0061-0005 | IM-CA-0061-9000
Kisor, Colin A. (District of Columbia)
IM-CA-0061-0006 | IM-CA-0061-9000
Orrick, William Horsley III (California)
IM-CA-0061-0006
Osman, Richard William (California)
IM-CA-0061-0005 | IM-CA-0061-9000
Vahab, Lana (District of Columbia)
IM-CA-0061-9000
Other Lawyers None on record

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