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Case Name Roy v. Los Angeles County IM-CA-0064
Docket / Court 2:12-cv-09012 ( C.D. Cal. )
State/Territory California
Case Type(s) Immigration
Policing
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
ACLU of Southern California
Kaye, McLane, Bednarski & Litt
Case Summary
This class action, filed by the ACLU and other public interest organizations in the U.S. District Court for the Central District of California, challenges the legality of two alleged practices of the Los Angeles County Sheriffs Department (LASD): (1) denying bail to people who want to post bail and ... read more >
This class action, filed by the ACLU and other public interest organizations in the U.S. District Court for the Central District of California, challenges the legality of two alleged practices of the Los Angeles County Sheriffs Department (LASD): (1) denying bail to people who want to post bail and have already obtained a court order setting bail on the ground that the federal government has filed an "immigration detainer" asking the LASD to hold them; and (2) denying them release from Los Angeles County jail for 48 hours or more on the basis of the immigration detainer, even though all charges against them have been dismissed, they have been acquitted of the charge for which they were being held, they were ordered released, or they have served their sentence. The plaintiffs argue that although immigration detainers are voluntary requests, as a matter of practice and policy, LASD holds every person who is the subject of an immigration detainer beyond their release dates solely on the basis of the detainer. According to the Complaint, these practices violate state law, and the Fourth and Fourteenth Amendments to the U.S. Constitution, and their state law analogues (Cal. Constitution, Articles 1, 7, and 13).

The Complaint was filed on October 19, 2012. It included five named plaintiffs, and asserted claims on behalf of the putative class of all persons who are or will be (1) detained in the custody of the LASD, (2) have an immigration hold placed on them by ICE while in LASD custody that was not supported by a lawful probable cause determination, (3) are entitled to be released from LASD custody under applicable federal or state law (which creates a liberty interest in such release), (4) due to LASD policy and practice are not released (to the extent that they were otherwise entitled to release) but held in LASD custody on the authority of the ICE hold after they were eligible for release from LASD custody.

As of September 15, 2014, this case is still ongoing.

Margo Schlanger - 10/22/2012
Dan Osher - 05/27/2013
Tania Morris Diaz - 12/05/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Unreasonable search and seizure
Defendant-type
Corrections
Law-enforcement
Discrimination-basis
Immigration status
General
Over/Unlawful Detention
Immigration
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Los Angeles Sheriffs Department
Plaintiff Description All persons who are or will be (1) detained in LASD custody, (2) have an immigration hold placed on them by ICE not supported by a lawful probable cause determination, (3) are entitled to be released from LASD custody under applicable federal or state law, (4) due to LASD policy and practice are not released (to the extent they were otherwise entitled to release) but held in LASD custody on the authority of the ICE hold after they were eligible for for release from LASD custody.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
ACLU of Southern California
Kaye, McLane, Bednarski & Litt
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
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)
2:12-cv-09012-RGK-FFM (C.D. Cal.) 08/16/2014
IM-CA-0064-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive and Declaratory Relief and Damages 10/19/2012
IM-CA-0064-0001.pdf | Detail
Document Source:
Judges Klausner, Gary (State Trial Court)
IM-CA-0064-9000
Mumm, Frederick F. (C.D. Cal.) [Magistrate]
IM-CA-0064-9000
Monitors/Masters None on record
Plaintiff's Lawyers Arulanantham, Ahilan T (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Bansal, Jessica Karp (California)
IM-CA-0064-9000
Battles, Lindsay B. (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Bibring, Peter (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Danjuma, R. Orion (California)
IM-CA-0064-9000
Desormeau, Katherine (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Eliasberg, Peter J. (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Jadwat, Omar C. (New York)
IM-CA-0064-0001 | IM-CA-0064-9000
Karp, Jessica Devlin (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Litt, Barrett S. (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Newman, Chris (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Pasquarella, Jennifer (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Wang, Cecillia D (California)
IM-CA-0064-0001 | IM-CA-0064-9000
Defendant's Lawyers Beach, Paul B (California)
IM-CA-0064-9000
Choi, Jin S (California)
IM-CA-0064-9000
Clark, Justin W. (California)
IM-CA-0064-9000
Other Lawyers None on record

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