University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Abimbola v. Robinson IM-AL-0001
Docket / Court 04-cv-01017-RBP-HGD ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Immigration
Case Summary
On May 17, 2004, 22 individuals detained for alleged immigration violations at the Etowa County Detention center in Alabama filed a pro se class action lawsuit against the U.S. Immigration and Customs Enforcement (ICE) pursuant to 42 U.S.C § 1983 in the United States District Court for the ... read more >
On May 17, 2004, 22 individuals detained for alleged immigration violations at the Etowa County Detention center in Alabama filed a pro se class action lawsuit against the U.S. Immigration and Customs Enforcement (ICE) pursuant to 42 U.S.C § 1983 in the United States District Court for the Northern District of Alabama, challenging the conditions of their confinement. Plaintiffs claimed numerous constitutional violations, which included: (1) no access to legal materials, (2) no telephone access, (3) assault and abuse, (4) retaliatory transfers, (5) no outdoor recreation, (6) inadequate medical care, (7) poor food services and (8) denial of religious freedom. Plaintiffs sought declaratory and injunctive relief as well as compensatory and punitive damages. Plaintiffs also moved for class certification.

The District Court (Judge Robert B. Propst) immediately denied the request for class certification and ordered the Clerk to open individual case files for each named plaintiff.

The case was referred to a magistrate judge to issue a report and recommendation on the viability of plaintiff's claims. Following the magistrate's report, on October 26, 2006, Judge Propst ordered that all claims be dismissed, except plaintiff's claim that he was denied access to outdoor recreation.

In the interim, Plaintiff filed a motion for a preliminary injunction, requesting that the Court order that he be transferred from Etowah County Detention Center. Subsequent to plaintiff's motion, he was deported from the United States. Defendants moved to dismiss the case, arguing that plaintiff's request for injunctive relief was moot given plaintiff's deportation.

Ultimately, Judge Propst dismissed the case without prejudice in March 2007 for lack of prosecution, in light of plaintiff's deportation.

Miles Chan - 07/05/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Detention - conditions
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Etowah County Sheriff
Immigration and Customs Enforcement (ICE)
Plaintiff Description 22 individuals detained by U.S. Immigration and Customs Enforcement (ICE) at Etowa County Detention center in Alabama
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2007
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)
04-cv-01017-RBP-HGD (N.D. Ala.) 03/20/2007
IM-AL-0001-9000.pdf | Detail
General Documents
Complaint 05/19/2004
IM-AL-0001-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Complaint under the Civil Act 42 U.S.C. Section 1983 for Compensatory and Punitive Relief 08/16/2004
IM-AL-0001-0006.pdf | Detail
Amended Petition for Civil Rights Act 42 U.S.C. Section 1983 and Civil Rights Complaint Pursuant to Title 28 U.S.C. Section 1331 08/30/2004
IM-AL-0001-0007.pdf | Detail
Order Dismissing Plaintiff's claims 07/10/2006 (N.D. Ala.)
IM-AL-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendant's Objections to Plaintiff's Reply to Defendants' Response 11/20/2006
IM-AL-0001-0004.pdf | Detail
Order Dismissing Case 03/20/2007 (N.D. Ala.)
IM-AL-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Davis, Harwell G. III (N.D. Ala.) [Magistrate]
IM-AL-0001-0003
Propst, Robert Bruce (N.D. Ala.)
IM-AL-0001-0005
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Bell, John C. (Alabama)
IM-AL-0001-9000
Johnson, Winthrop E. (Alabama)
IM-AL-0001-0004 | IM-AL-0001-9000
Masters, Daryl L. (Alabama)
IM-AL-0001-9000
Other Lawyers None on record

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