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Case Name Kiniti v. Myers IM-CA-0026
Docket / Court 05cv1013 DMS (PCL) ( S.D. Cal. )
State/Territory California
Case Type(s) Immigration
Attorney Organization ACLU National (all projects)
ACLU National Prison Project
Case Summary
On May 9, 2005, Isaac Kigondu Kiniti, an undocumented alien detained in the San Diego Correctional Facility (SDCF) filed a pro se lawsuit in the U.S. District Court for the Southern District of California, challenging his conditions of confinement. SDCF was a contract detention facility in Otay ... read more >
On May 9, 2005, Isaac Kigondu Kiniti, an undocumented alien detained in the San Diego Correctional Facility (SDCF) filed a pro se lawsuit in the U.S. District Court for the Southern District of California, challenging his conditions of confinement. SDCF was a contract detention facility in Otay Mesa, California operated by Corrections Corporation of America, Inc. It housed civil immigration detainees in the custody of U.S. Immigration and Customs Enforcement (ICE), part of the U.S. Department of Homeland Security (DHS). Kiniti's complaint was summarily dismissed by the Court, but he was granted leave to amend it.

Eventually, attorneys with the ACLU's National Prison Project and Immigrants' Rights Project, the ACLU of San Diego & Imperial Counties and private firms agreed to represent Kiniti. A Second Amended Complaint was filed in February 2007 on behalf of Kiniti, several newly named individual plaintiffs and a proposed class of over 1000 immigrants detained at SDCF. The Second Amended Complaint alleged unconstitutional and inhumane conditions which violated the Due Process Clause Fifth Amendment and which included: severe overcrowding (use of triple-celling); denial of adequate shelter, reasonable safety, and basic human needs; exposure to respiratory and other infections; poor access to medical, mental health, and dental services; denial of exercise and dayroom space; and unsanitary shower and toilet facilities. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

Defendants moved to dismiss the case for lack of subject matter jurisdiction.

On June 21, 2007, the District Court (Judge Dana M. Sabraw) issued an order granting-in-part and denying-in-part defendants' motions to dismiss. Claims of two named plaintiffs were dismissed as moot, as they had already been deported. The claims of the other three plaintiffs survived.

Judge Sabraw certified the case as a class action, over the objections and motions to reconsider by defendants. In her order denying reconsideration dated October 29, 2007, Judge Sabraw noted that the defendants "continue to assert triple celling is not unconstitutional, and continue to engage in other allegedly unconstitutional practices such as housing detainees in the common day room." Given those facts, the Court found a likelihood of substantial and immediate irreparable injury, which conferred Article III standing and standing to pursue injunctive relief as a class.

On June 19, 2008, the parties filed a proposed settlement with the court. On July 11, 2008, the district court administratively closed the case, and on August 20, 2009, the court approved the settlement. Some members of the plaintiff class appealed the settlement, and on December 3, 2008, the court of appeals dismissed the appeal. On January 28, 2009, the district court dismissed the case with prejudice.

Kristen Sagar - 04/06/2009


compress summary

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Issues and Causes of Action
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Issues
General
Conditions of confinement
Immigration
Constitutional rights
Detention - conditions
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
42 U.S.C. § 1983
Defendant(s) U.S. Division of Immigration Health Services
Corrections Corporation of America, Inc. (CCA)
San Diego Correctional Facility (SDCF)
U.S. Department of Homeland Security (DHS)
U.S. Immigration and Customs Enforcement (ICE)
Plaintiff Description All immigration detainees in ICE custody who are now or in the future will be confined at San Diego Correctional Facility.
Indexed Lawyer Organizations ACLU National (all projects)
ACLU National Prison Project
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2009 - n/a
Case Closing Year 2009
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)
3:05-cv-01013-DMS-PCL (S.D. Cal.) 02/20/2009
IM-CA-0026-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Memorandum of Points and Authorities in Support of Motion for Class Certification Under the [Proposed] Second Amended Complaint 01/24/2007
IM-CA-0026-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
[Proposed] Second Amended Complaint for Classwide Declaratory and Injunctive Relief 01/24/2007
IM-CA-0026-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Motion for Leave to Amend the First Amended Complaint and Add Parties 01/24/2007
IM-CA-0026-0004 PDF | Detail
Order Granting Plaintiff’s Motion to Amend First Amended Complaint and Add Parties 02/27/2007 (S.D. Cal.)
IM-CA-0026-0003 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Notice of Motion and Motion to Dismiss 05/04/2007
IM-CA-0026-0005 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum of Points and Authorities in Support of Defendants’ Motion to Dismiss 05/04/2007
IM-CA-0026-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting-In-Part And Denying-In-Part Motions To Dismiss Second Amended Complaint 06/21/2007 (S.D. Cal.)
IM-CA-0026-0007 PDF | Detail
Order Granting Motion For Class Certification 08/17/2007 (S.D. Cal.)
IM-CA-0026-0008 PDF | Detail
Order Denying Motion For Reconsideration And Clarifying Order Granting Class Certification 10/29/2007 (S.D. Cal.)
IM-CA-0026-0009 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 06/04/2008
IM-CA-0026-0010 PDF | External Link | Detail
Document Source: ACLU National Prison Project
Judges Lewis, Peter C. (S.D. Cal.) [Magistrate]
IM-CA-0026-0007 | IM-CA-0026-0008 | IM-CA-0026-0009 | IM-CA-0026-9000
Sabraw, Dana Makoto (S.D. Cal.)
IM-CA-0026-0003 | IM-CA-0026-0007 | IM-CA-0026-0008 | IM-CA-0026-0009 | IM-CA-0026-9000
Monitors/Masters None on record
Plaintiff's Lawyers Bhat, Ghouri (Texas)
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Fathi, David Cyrus (District of Columbia)
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Jawetz, Tom-Tsvi M. (District of Columbia)
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Kelley, Mary Kathryn (California)
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Love, Rachel (Arizona)
IM-CA-0026-0010
Loy, John David (California)
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Rabinovitz, Judy (New York)
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-9000
Ramírez, Mónica M. (California)
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004
Stiegler, Anthony Michael (California)
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Defendant's Lawyers Cipriani, Cindy M. (California)
IM-CA-0026-0005 | IM-CA-0026-0006
Go, Samuel P. (District of Columbia)
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Halvorson, Rachel Love (Arizona)
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Hewitt, Karen P. (California)
IM-CA-0026-0005 | IM-CA-0026-0006
Katsas, Gregory G. (District of Columbia)
IM-CA-0026-0010
Keisler, Peter D. (District of Columbia)
IM-CA-0026-0005 | IM-CA-0026-0006
Lawrence, Victor M. (District of Columbia)
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Monks, David B. (California)
IM-CA-0026-0006 | IM-CA-0026-9000
Shelton, Micaela P. (California)
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Stahl, Thomas C. (California)
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Struck, Daniel Patrick (Arizona)
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Stuart, Christopher G. (Arizona)
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Yurk, Russell R. (Arizona)
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Other Lawyers None on record

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