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Civil Rights Litigation Clearinghouse
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Case Name Doe v. Johnson IM-AZ-0021
Docket / Court 4:15-cv-00250-DCB ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration
Attorney Organization ACLU Chapters (any)
Case Summary
On June 8, 2015, civil detainees confined in a U.S. Customs and Border Protection facility within the Tucson Sector of the U.S. Border Patrol filed this class action lawsuit in the U.S. District Court for the District of Arizona, alleging violations of the Due Process Clause of the Fifth Amendment ... read more >
On June 8, 2015, civil detainees confined in a U.S. Customs and Border Protection facility within the Tucson Sector of the U.S. Border Patrol filed this class action lawsuit in the U.S. District Court for the District of Arizona, alleging violations of the Due Process Clause of the Fifth Amendment and the Administrative Procedure Act. All plaintiffs were apprehended at or near the U.S. border with Mexico and detained. The plaintiffs, represented by attorneys from the ACLU, the National Immigration Law Center, the Lawyers' Committee for Civil Rights, and private counsel, sought declaratory and injunctive relief, alleging that they were subjected to inhumane and punitive conditions while being detained in holding cells.

On August 14, 2015, the District Court (Senior Judge David C. Bury) granted Plaintiffs' motion for expedited discovery. The District Court (Judge Bury) has still not certified the suit for class action as of October 1, 2015. The case is still pending as of October 1, 2015.

Frances Hollander - 10/04/2015


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Law-enforcement
Discrimination-basis
Immigration status
General
Access to lawyers or judicial system
Assault/abuse by staff
Bathing and hygiene
Conditions of confinement
Confinement/isolation
Food service / nutrition / hydration
Over/Unlawful Detention
Placement in detention facilities
Sanitation / living conditions
Immigration
Border police
Constitutional rights
Detention - conditions
Undocumented immigrants - rights and duties
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Administrative Procedure Act, 5 U.S.C. ยงยง 551 et seq.
Defendant(s) Customs and Border Control
Department of Homeland Security
U.S. Border Patrol
Plaintiff Description Detainees in the Tucson sector of Customs and Border Control
Indexed Lawyer Organizations ACLU Chapters (any)
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)
4:15-cv-00250-DCB (D. Ariz.) 09/17/2015
IM-AZ-0021-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief - Class Action 06/08/2015
IM-AZ-0021-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Bury, David C. (D. Ariz.)
IM-AZ-0021-9000
Monitors/Masters None on record
Plaintiff's Lawyers Balassone, Elizabeth Gilmore (California)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Coles, Kevin Martin (California)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Creighton, Emily J. (District of Columbia)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Crow, Melissa E. (District of Columbia)
IM-AZ-0021-0001 | IM-AZ-0021-9000
DeGanon, Pieter S
IM-AZ-0021-0001 | IM-AZ-0021-9000
Joaquin, Linton (California)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Kenney, Mary (District of Columbia)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Lopez, Victoria (Arizona)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Lyall, James Duff (Arizona)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Mayer, Colette Reiner (California)
IM-AZ-0021-0001 | IM-AZ-0021-9000
McElhinny, Harold J. (California)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Pochoda, Daniel Joseph (Arizona)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Preciado, Nora (California)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Silva, Travis (California)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Stoupe, Louise Carita
IM-AZ-0021-0001 | IM-AZ-0021-9000
Tumlin, Karen C. (California)
IM-AZ-0021-0001 | IM-AZ-0021-9000
Defendant's Lawyers Fabian, Sarah B. (District of Columbia)
IM-AZ-0021-9000
Fishman, Dillon (District of Columbia)
IM-AZ-0021-9000
Other Lawyers None on record

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