University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Tungwarara v. United States JC-CA-0050
Docket / Court 3:04-cv-02144-EDL ( N.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection Strip Search Cases
Case Summary
On June 1, 2004, Plaintiff, a citizen of Zimbabwe, filed suit against the United States and an individual immigration officer in the United States District Court for the Northern District of California, claiming violations of U.S. Constitutional law and various state laws resulting from her arrest, ... read more >
On June 1, 2004, Plaintiff, a citizen of Zimbabwe, filed suit against the United States and an individual immigration officer in the United States District Court for the Northern District of California, claiming violations of U.S. Constitutional law and various state laws resulting from her arrest, detention and subsequent return to Zimbabwe, without regard to her her asylum status.

The Plaintiff had a pending application for derivative asylum status based on her mother's application. Her mother and younger sister fled Zimbabwe due to their fear of reprisal arising out her mother's political activites. In January 2002, she flew to San Francisico to visit her mother. Upon arrival, she was arrested, interrogated, strip-searched, jailed, subjected to demeaning and offensive statemements about her nationality, and not permitted to see her family, all without regard to her asylum status.

On April 12, 2006, the parties agreed to a settlement, approved and entered by the Court, pursuant to which defendants paid plaintiff $65,000.00.

Plaintiff was released only when a family friend purchased a return ticket and she flew back to Zimbabwe.

Denise Heberle - 03/20/2012


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Issues and Causes of Action
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Issues
Affected Gender
Female
Discrimination-basis
Race discrimination
General
Classification / placement
Over/Unlawful Detention
Search policies
Strip search policy
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. ยง 1983
Defendant(s) United States Department of Homeland Security
United States Immigration and Naturalization Service
United States of America
Plaintiff Description 18-year-old female citizen of Zimbabwe who arrived at San Francisco International Airport seeking derivative asylum status (which was approved in 2003), and who was detained, strip-searched, and ultimately forced to return to Zimbabwe the next day.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

  Jail Strip-Search Cases: Patterns and Participants
http://law.duke.edu/journals/lcp
By: Margo Schlanger (Washington University in St. Louis)
Citation: 71 Law & Contemp. Problems 65 (2008)
[ Detail ] [ External Link ]

Docket(s)
3:04-cv-02144-EDL (N.D. Cal.) 06/21/2006
JC-CA-0050-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 06/01/2004
JC-CA-0050-0001.pdf | Detail
Order Granting Defendant Alfert Ludwigs' Motion for Summary Judgment 10/13/2005 (400 F.Supp.2d 1213) (N.D. Cal.)
JC-CA-0050-0003.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Stipulation and Agreement of Compromise and Settlement and Order 04/12/2006
JC-CA-0050-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Laporte, Elizabeth D. (N.D. Cal.) [Magistrate]
JC-CA-0050-0002 | JC-CA-0050-0003 | JC-CA-0050-9000
Monitors/Masters None on record
Plaintiff's Lawyers Harper, Patrice Nicole (California)
JC-CA-0050-0003 | JC-CA-0050-9000
Hwang, Philip Kim (California)
JC-CA-0050-0002 | JC-CA-0050-0003 | JC-CA-0050-9000
Rubin, Robert J. (California)
JC-CA-0050-0003 | JC-CA-0050-9000
Schoenberg, Anthony Paul (California)
JC-CA-0050-0001 | JC-CA-0050-0002 | JC-CA-0050-0003 | JC-CA-0050-9000
Sloss, Robert H. (California)
JC-CA-0050-0003 | JC-CA-0050-9000
Defendant's Lawyers Cheng, Andrew Y. S. (California)
JC-CA-0050-0002 | JC-CA-0050-0003 | JC-CA-0050-9000
Dowling, Katherine Burke (California)
JC-CA-0050-0002 | JC-CA-0050-9000
Ryan, Kevin V. (California)
JC-CA-0050-0002
Other Lawyers None on record

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