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Case Name Barrera v. Boughton IM-CT-0006
Docket / Court 3:07-cv-01436-RNC ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration and/or the Border
Attorney Organization Jerome N. Frank Legal Services Organization (Yale)
Case Summary
On September 26, 2007, ten individuals who had been arrested by the Danbury, Connecticut police for alleged civil immigration violations, represented by attorneys and law student interns with the Jerome N. Frank Legal Services Organization of the Yale Law School, filed a civil rights lawsuit under 4 ... read more >
On September 26, 2007, ten individuals who had been arrested by the Danbury, Connecticut police for alleged civil immigration violations, represented by attorneys and law student interns with the Jerome N. Frank Legal Services Organization of the Yale Law School, filed a civil rights lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Connecticut alleging discriminatory and unauthorized enforcement of federal immigration laws against Latino residents of Danbury, in violation of the First, Fourth, Fifth and Fourteenth Amendments to the U.S. Constitution, as well as the Connecticut Constitution and state common law. They sued the Mayor and Chief of Police of Danbury, local officers, and ICE officials.

Specifically, Plaintiffs alleged that the Mayor and the Danbury Police Department engaged in an unlawful campaign against immigrant and Latino communities, which included targeting Latinos for pretextual traffic stops for the purpose of investigating their immigration status. Plaintiffs alleged that officers would search detained drivers' names in the FBI's National Crime Information Center database, arrest them for civil immigration violations, and then turn the arrestees over to ICE for deportation.

Plaintiffs further alleged that, as part of the Mayor's plan to rid the city of immigrants, the Danbury Police Department conducted a September 19, 2006 immigration raid with ICE officials, during which eleven Latino day-laborers (the "Danbury 11") who had gathered at a Danbury park were arrested, detained, and turned over to ICE. Nine of the eleven arrested laborers were plaintiffs in the instant lawsuit. Plaintiffs alleged that the eleven men were racially profiled and arrested without probable cause. Plaintiffs sought declaratory and injunctive relief and compensatory and punitive damages for the alleged violations.

An Amended Complaint was filed on November 26, 2007. The case was referred to Magistrate Judge Donna F. Martinez for entry of a scheduling order and to supervise discovery. On February 1, 2008, Defendants filed a motion to disqualify Plaintiffs' counsel because the Jerome N. Frank Legal Services Organization had advised another organization with which the Mayor had been affiliated. On July 3, 2008, Judge Martinez denied Defendant's Motion to Disqualify. Following that, both parties filed numerous motions regarding various issues in discovery that Magistrate Judge Martinez resolved.

A Second Amended Complaint was filed on October 1, 2009. On February 22, 2011, the case was dismissed without prejudice as both parties reported that this action had been settled in full. The terms of the settlement are not available at the time of this writing.

Xin Chen - 05/03/2011


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Federalism (including 10th Amendment)
Freedom of speech/association
Unreasonable search and seizure
Defendant-type
Law-enforcement
Discrimination-basis
National origin discrimination
Race discrimination
General
Disparate Impact
Disparate Treatment
False arrest
Pattern or Practice
Placement in detention facilities
Racial profiling
Search policies
Immigration/Border
Constitutional rights
Criminal prosecution
Detention - criteria
Detention - procedures
ICE/DHS/INS raid
Undocumented immigrants - state and local regulation
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
42 U.S.C. § 1985
Ex Parte Young (Federal) or Bivens
State law
Defendant(s) City of Danbury
Immigration and Custom Enforcement Division of the Department of Homeland Security
Plaintiff Description Latino day laborers arrested and detained during an immigration enforcement raid
Indexed Lawyer Organizations Jerome N. Frank Legal Services Organization (Yale)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Settlement
Filed 09/26/2007
Case Closing Year 2011
Case Ongoing No
Case Listing IM-CT-0004 : Danbury Area Coalition for the Rights of Immigrants v. U.S. Dept. of Homeland Security (D. Conn.)
IM-CT-0010 : Maldonado v. Holder (No Court)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
D. Conn.
04/11/2011
3:07-cv-01436-RNC
IM-CT-0006-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
not recorded
09/26/2007
Mayor Boughton Addresses “Danbury 11” Lawsuit
IM-CT-0006-0002.pdf | Detail
D. Conn.
09/26/2007
Complaint [ECF# 1]
IM-CT-0006-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
11/26/2007
Amended Complaint [ECF# 21]
IM-CT-0006-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
02/01/2008
Memorandum in Support of Defendants' Motion to Disqualify Counsel [ECF# 48-2]
IM-CT-0006-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
02/01/2008
Defendants' Memorandum of Law in Support of Motion to Dismiss [ECF# 49-2]
IM-CT-0006-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
02/01/2008
Memorandum in Support of Motion to Dismiss [ECF# 51-2]
IM-CT-0006-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
03/07/2008
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss [ECF# 66]
IM-CT-0006-0007.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
07/03/2008
Ruling on Motions to Disqualify [ECF# 95]
IM-CT-0006-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
04/10/2009
Memorandum in Support of Plaintiffs' Motion for Protective Order [ECF# 156] (2009 WL 4274819)
IM-CT-0006-0010.pdf | WESTLAW | Detail
Source: Westlaw
D. Conn.
05/08/2009
Memorandum in Support of Plaintiffs' Motion to Compel Discovery [ECF# 174] (2009 WL 4274821)
IM-CT-0006-0011.pdf | WESTLAW | Detail
Source: Westlaw
D. Conn.
09/02/2009
Memorandum in Support of Plaintiffs' Motion to Compel Production of Documents and to Obtain Costs from the City of Danbury and Individual Danbury Defendants [ECF# 293]
IM-CT-0006-0012.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
10/01/2009
Second Amended Complaint [ECF# 317]
IM-CT-0006-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Conn.
03/19/2010
Ruling on Plaintiffs' Motion for Protective Order [ECF# 459] (2010 WL 1240904)
IM-CT-0006-0013.pdf | WESTLAW | Detail
Source: Westlaw
D. Conn.
09/30/2010
Ruling on Plaintiffs' Motion to Compel and for Cost [ECF# 588] (2010 WL 3926070)
IM-CT-0006-0014.pdf | WESTLAW | Detail
Source: Westlaw
show all people docs
Judges Chatigny, Robert N. (D. Conn.) show/hide docs
IM-CT-0006-9000
Martinez, Donna F. (D. Conn.) show/hide docs
IM-CT-0006-0009 | IM-CT-0006-0013 | IM-CT-0006-0014 | IM-CT-0006-9000
Plaintiff's Lawyers Cohen, Joel M. (New York) show/hide docs
IM-CT-0006-0006 | IM-CT-0006-0012
Cox, Justin (Connecticut) show/hide docs
IM-CT-0006-0001
Engel, Rebecca (Connecticut) show/hide docs
IM-CT-0006-0001
Goergen, Elizabeth (New York) show/hide docs
IM-CT-0006-0006 | IM-CT-0006-0011 | IM-CT-0006-0012
Greenspan, Geri (Connecticut) show/hide docs
IM-CT-0006-0001
Hazeldean, Susan (Connecticut) show/hide docs
IM-CT-0006-0006 | IM-CT-0006-0012
Kassem, Ramzi (Connecticut) show/hide docs
IM-CT-0006-0001 | IM-CT-0006-0007 | IM-CT-0006-0010 | IM-CT-0006-0011 | IM-CT-0006-9000
La Perla, Joseph (New York) show/hide docs
IM-CT-0006-0006
Lasch, Christopher Nelson (Connecticut) show/hide docs
IM-CT-0006-0001 | IM-CT-0006-0005 | IM-CT-0006-0007 | IM-CT-0006-0010 | IM-CT-0006-0011 | IM-CT-0006-9000
Nurhussein, Siham (New York) show/hide docs
IM-CT-0006-0006 | IM-CT-0006-0011 | IM-CT-0006-0012
Ringer, Thom (Connecticut) show/hide docs
IM-CT-0006-0001
Schary, Alison Brooke (New York) show/hide docs
IM-CT-0006-0006
Tan, Michael (Connecticut) show/hide docs
IM-CT-0006-0001
Wishnie, Michael J. (Connecticut) show/hide docs
IM-CT-0006-0001 | IM-CT-0006-0005 | IM-CT-0006-0006 | IM-CT-0006-0007 | IM-CT-0006-0010 | IM-CT-0006-0011 | IM-CT-0006-0012 | IM-CT-0006-9000
Defendant's Lawyers Casagrande, Daniel E. (Connecticut) show/hide docs
IM-CT-0006-9000
Colson, Michelle Lynn (Connecticut) show/hide docs
IM-CT-0006-0004 | IM-CT-0006-9000
Deluca, Charles A. (Connecticut) show/hide docs
IM-CT-0006-0003 | IM-CT-0006-0008 | IM-CT-0006-9000
Morabito, Douglas P. (Connecticut) show/hide docs
IM-CT-0006-0004 | IM-CT-0006-9000
Parzymieso, Susan B. (Connecticut) show/hide docs
IM-CT-0006-9000
Shin, Victoria S. (Connecticut) show/hide docs
IM-CT-0006-9000
Thomas, Clarisse Nicole (Connecticut) show/hide docs
IM-CT-0006-9000

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