University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cacho v. Gusman IM-LA-0009
Docket / Court 2:11-CV-225 ( E.D. La. )
State/Territory Louisiana
Case Type(s) Immigration
Policing
Case Summary
On February 2, 2011, two immigrant workers , represented by represented by public interest law firms and private counsel, filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana against the sheriff of Orleans Parish. The plaintiffs were held in the Orleans Parish Prison ... read more >
On February 2, 2011, two immigrant workers , represented by represented by public interest law firms and private counsel, filed a lawsuit in the U.S. District Court for the Eastern District of Louisiana against the sheriff of Orleans Parish. The plaintiffs were held in the Orleans Parish Prison for more than 160 and 90 days, respectively, because of U.S. Immigration and Customs Enforcement (ICE) hold requests, which were supposed to be limited to 48 hours according the federal agency's rules.

On August 9, 2013, a consent judgment was entered by the District Court (Magistrate Judge Sally Sushan). Under the terms of the settlement, Orleans Parish Prison agreed to decline all ICE hold requests except on specific serious crimes. For individuals with those charges, the sheriff must defer to the recommendation of the criminal court. In addition, the Orleans Parish Sheriff agreed not to investigate an individual's immigration status. Finally, the terms prohibited ICE from conducting investigations into civil violations of immigration law in the jail, and instead required ICE to provide reasonable notice and opportunity for the individual's attorney to be present at any interview.

The sheriff paid the plaintiffs $30,000 as compensation for physical pain and suffering and emotional distress, which made the plaintiffs the prevailing party for purposes of adjudicating attorney fees and costs. The parties began proceedings regarding attorney fees on September 9, 2013.

Jennifer Bronson - 10/24/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Defendant-type
Law-enforcement
Discrimination-basis
Immigration status
General
Over/Unlawful Detention
Pattern or Practice
Immigration
Detention - procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) Orleans Parish
Plaintiff Description Louisiana residents who were detained for indefinite periods
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2013 - n/a
Case Closing Year 2013
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)
2:11-cv-00225 (E.D. La.) 09/09/2013
IM-LA-0009-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Writ of Habeas Corpus for Antonio Ocampo 11/15/2010
IM-LA-0009-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Original Complaint (Preliminary Statement) 02/02/2011
IM-LA-0009-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
New Orleans City Council Resolution 05/16/2013
IM-LA-0009-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 08/07/2013
IM-LA-0009-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
New Policy: Full Text 08/09/2013
IM-LA-0009-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Anderson, Melissa J. (Washington)
IM-LA-0009-9000
Espiritu, Nicholas David (California)
IM-LA-0009-9000
Joaquin, Linton (California)
IM-LA-0009-9000
Keaney, Melissa S. (California)
IM-LA-0009-9000
Mao, Yihong Julie (Louisiana)
IM-LA-0009-0003 | IM-LA-0009-9000
Rosenbaum, Jennifer J. (Alabama)
IM-LA-0009-0001 | IM-LA-0009-0005 | IM-LA-0009-9000
Stevens, Elizabeth A. (California)
IM-LA-0009-9000
Tajmiri, Ghazal (California)
IM-LA-0009-9000
Tumlin, Karen C. (California)
IM-LA-0009-9000
Defendant's Lawyers Arcuri, Blake J (Louisiana)
IM-LA-0009-0003 | IM-LA-0009-9000
Matthews, Freeman Rudolph (Louisiana)
IM-LA-0009-0005 | IM-LA-0009-9000
Richardson, Timothy R (Louisiana)
IM-LA-0009-0005 | IM-LA-0009-9000
Other Lawyers None on record

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