University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hurtado v. Reno IM-CO-0004
Docket / Court 1:98-cv-01865-JLK ( D. Colo. )
State/Territory Colorado
Case Type(s) Immigration
Case Summary
On August 27 1998, a deaf alien awaiting deportation as an aggravated felon, filed a class action lawsuit in the United States District Court for the District of Colorado on behalf of all deaf prisoners held at the Wackenhut Correctional Corporation, United States Immigration and Naturalization ... read more >
On August 27 1998, a deaf alien awaiting deportation as an aggravated felon, filed a class action lawsuit in the United States District Court for the District of Colorado on behalf of all deaf prisoners held at the Wackenhut Correctional Corporation, United States Immigration and Naturalization Detention Facility. Plaintiff sought declaratory and injunctive relief to remedy the conditions of confinement. He asserted violations of the Constitution, the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973.

While the case was pending, the plaintiff was deported his native Mexico. The government then moved to dismiss the case for lack of jurisdiction and failure to state a claim. The District Court (Judge John L. Kane) granted the government's motion and dismissed the action. Hurtado v. Reno, 34 F. Supp 2d.1261, 3 (D.C. Colo. 1999). The case was closed on February 3, 1999.

Miles Chan - 07/05/2007


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Issues and Causes of Action
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Issues
Immigration
Constitutional rights
Detention - conditions
Detention - procedures
Plaintiff Type
State Plaintiff
Causes of Action Bivens
Americans with Disabilities Act (ADA), 42 U.S.C. ยงยง 12111 et seq.
Defendant(s) United States, District Attorney, Immigration and Naturalization Service
Plaintiff Description A group of deaf aliens awaiting deportation at the Wackenhut Correctional Corporation, United States Immigration and Naturalization Detention Facility.
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 1999
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)
98-cv-01865-JLK (D. Colo.) 02/04/1999
IM-CO-0004-9000 PDF | Detail
General Documents
Opinion 02/03/1999 (34 F.Supp.2d 1261) (D. Colo.)
IM-CO-0004-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Kane, John L. Jr. (D. Colo.)
IM-CO-0004-0001
Monitors/Masters None on record
Plaintiff's Lawyers Salvator, Jim (Colorado)
IM-CO-0004-0001 | IM-CO-0004-9000
Defendant's Lawyers Hegarty, Michael E. (Colorado)
IM-CO-0004-0001 | IM-CO-0004-9000
Other Lawyers None on record

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