University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Miranda-Olivares v. Clackamas County IM-OR-0004
Docket / Court 3:12-cv-02317-ST ( D. Or. )
State/Territory Oregon
Case Type(s) Immigration
Case Summary
On December 21, 2012, a former prisoner filed a lawsuit in the United States District Court for the District of Oregon under 42 U.S.C. § 1983 against the Clackamas County jail. The plaintiff, represented by the Oregon Law Center, claimed violations of her 14th Amendment right to due process, her ... read more >
On December 21, 2012, a former prisoner filed a lawsuit in the United States District Court for the District of Oregon under 42 U.S.C. § 1983 against the Clackamas County jail. The plaintiff, represented by the Oregon Law Center, claimed violations of her 14th Amendment right to due process, her Fourth Amendment right against unlawful seizure, and a state-law false imprisonment claim. She sought damages and attorney's fees. Specifically, the plaintiff claimed that she was improperly detained based solely on a federal immigration detainer issued by the U.S. Immigration and Customs Enforcement (ICE).

The plaintiff was originally arrested for violating a domestic violence restraining order, and booked into jail on March 12, 2012. By March 15, ICE had issued the detainer, which indicated that the agency was investigating whether the plaintiff was subject to removal from the United States. The form requested that the jail maintain custody of the plaintiff for not more than 48 hours after she would otherwise have been released to allow the Department of Homeland Security time to take custody of the her. On March 29, the plaintiff pleaded guilty to one of her charges and she should have been released that day. Instead, the jail held her for another 19 hours based solely on the detainer.

During her detention, the plaintiff had been told that, because of the detainer, she would remain detained regardless of bail being posted. The plaintiff claimed that the jail's denying her the opportunity to be released by posting bail solely due to the existence of the detainer deprived her of her due process rights. She claimed that the jail's continuing to hold her without any basis in state law after her criminal matter had been resolved, and solely on the basis of the detainer, counted as an unlawful seizure under the 4th Amendment. Finally, she claimed the imprisonment was without legal authority and in violation of Oregon law. Because the facts of the matter were undisputed, the County moved for summary judgment, and the plaintiff cross-moved for summary judgment as to her § 1983 claims.

On April 11, 2014, the District Court (Magistrate Judge Janice M. Stewart) issued an opinion and order granting summary judgment to the County with regard to the due process and false imprisonment claims, and granting summary judgment to the plaintiff with regard to her unlawful seizure claim. The court found that the County's continuation of the plaintiff's detention based on the ICE detainer constituted new, "prolonged warrantless, post-arrest, pre-arraignment custody." After the plaintiff's resolution of her state charges, and at any time prior had the plaintiff posted bail,the County no longer had probably cause to justify her detention. Her remaining in custody counted as a new, initial seizure without probable cause, which violated her 4th Amendment rights. The only issue left for trial is the amount of damages owed the plaintiff for the jail's violation of her 4th Amendment right.

Andrew Junker - 09/25/2014


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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
Discrimination-basis
Immigration status
General
Placement in detention facilities
Immigration
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Clackamas County
Plaintiff Description A prisoner in Oregon whose continued detention in county jail was based solely on a detainer order issued by ICE.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief Litigation
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)
3:12-cv-02317-ST (D. Or.) 09/11/2014
IM-OR-0004-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 12/21/2012
IM-OR-0004-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 03/01/2013
IM-OR-0004-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order and Opinion Granting Partial Summary Judgment 04/11/2014 (2014 WL 1414305) (D. Or.)
IM-OR-0004-0003.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Stewart, Janice M. (D. Or.) [Magistrate]
IM-OR-0004-0003 | IM-OR-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Henretty, David R. (Oregon)
IM-OR-0004-0001 | IM-OR-0004-0002 | IM-OR-0004-9000
Neal, Spencer M. (Oregon)
IM-OR-0004-0001 | IM-OR-0004-0002 | IM-OR-0004-9000
Defendant's Lawyers Ciecko, Scott C. (Oregon)
IM-OR-0004-9000
Other Lawyers None on record

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