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Case Name Imasuen v. Moyer IM-IL-0004
Docket / Court No. 91 C 5425 ( N.D. Ill. )
State/Territory Illinois
Case Type(s) Immigration
Case Summary
On August 27, 1991, five alien detainees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois, challenging the conditions of confinement in the INS' Chicago area detention system. Plaintiffs alleged that they were subjected to inhumane conditions and were ... read more >
On August 27, 1991, five alien detainees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois, challenging the conditions of confinement in the INS' Chicago area detention system. Plaintiffs alleged that they were subjected to inhumane conditions and were denied access to legal materials and attorneys. They sought declaratory and injunctive relief, as well as class certification. Attorneys for the Mexican American Legal Defense & Educational Fund and the Legal Assistance Foundation of Chicago represented the plaintiff class.

On October 29, 1991 the plaintiffs moved for class certification, with the proposed class consisting of: all persons under the jurisdiction of the Chicago District Office of the INS who, on or after August 27, 1991, were or would be (1) awaiting deportation or exclusion hearings before the immigration court, awaiting administrative voluntary departure granted by the INS, or awaiting departure under a final order of deportation; and (2) detained in facilities operated by INS or in facilities operated by counties or municipalities in Illinois which had agreed with INS to confine persons under INS jurisdiction. The government defendants opposed class certification. The District Court (Judge James F. Holderman) certified the class by order dated February 7, 1992. Imasuen v. Moyer, 1992 U.S. Dist. LEXIS 1449 (N.D.Ill. 1992).

The Court urged the parties to discuss settlement, but negotiations failed to produce a resolution. Discovery and litigation proceeded, with the parties filing cross-motions for summary judgment in 1994 and 1995.

On August 22, 1995, the District Court (Judge Holderman) issued a memorandum opinion and order in which he denied defendants' as to plaintiffs' access to courts claim, but granted it as to all other claims. The Court again encouraged settlement talks. Several status conferences followed, until plaintiffs reached a settlement agreement with the Village of Brookfield in December, 2005. The terms of the agreement are unknown.

Discovery continued until Judge Holderman dismissed the remaining claims of unconstitutional denial of access to courts on May 6, 2006. The case was closed.

Miles Chan - 07/05/2007


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Issues and Causes of Action
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Issues
General
Conditions of confinement
Immigration
Constitutional rights
Deportation - procedure
Detention - conditions
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
42 U.S.C. ยง 1983
Defendant(s) Immigration and Naturalization Service (INS)
Sheriff of Cook County Illinois
Town of Cicero, Illinois
Village of Hillside, Illinois
Village of La Grange, Illinois
Village of River Grove, Illinois
Plaintiff Description All people within jurisdiction of Chicago Office of INS who, on or after August 27, 1991, are or will be detained in Illinois detention centers dening deporation hearings
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
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 not on record
Case Closing Year 1996
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)
91-cv-05425 (N.D. Ill.) 05/06/1996
IM-IL-0004-9000.pdf | Detail
General Documents
Memorandum Opinion and Order 02/07/1992 (1992 U.S.Dist.LEXIS 1449) (N.D. Ill.)
IM-IL-0004-0001.pdf | LEXIS | Detail
Document Source: LexisNexis
Judges Holderman, James F. (N.D. Ill.)
IM-IL-0004-0001
Monitors/Masters None on record
Plaintiff's Lawyers Abreu, Rosa M. (Illinois)
IM-IL-0004-9000
DeWolfe, Ruthanne (Illinois)
IM-IL-0004-9000
Gzesh, Susan R. (Illinois)
IM-IL-0004-9000
Rapp, Randall S. (Illinois)
IM-IL-0004-9000
Valdez, Maria G. (Illinois)
IM-IL-0004-9000
Waldman, Carol Anne (Illinois)
IM-IL-0004-9000
Wilson, Cynthia A. (Illinois)
IM-IL-0004-9000
Yanez, Linda R. (Illinois)
IM-IL-0004-9000
Defendant's Lawyers Beatty, Gerald E. (Illinois)
IM-IL-0004-9000
Donatelli, Jack (Illinois)
IM-IL-0004-9000
Geanopoulos, Nicholas (Illinois)
IM-IL-0004-9000
Lyons, Robert Francis (Illinois)
IM-IL-0004-9000
Martin, Bernard T. (Illinois)
IM-IL-0004-9000
McDonald, Terry L. (Illinois)
IM-IL-0004-9000
Naughton, Gino P. (Illinois)
IM-IL-0004-9000
Other Lawyers None on record

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