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Case Name Miranda-Olivares v. Clackamas County IM-OR-0004
Docket / Court 3:12-cv-02317-ST ( D. Or. )
State/Territory Oregon
Case Type(s) Immigration and/or the Border
Case Summary
On December 21, 2012, a former prisoner filed a lawsuit in the United States District Court for the District of Oregon under 42 U.S.C. § 1983 against the Clackamas County jail. The plaintiff, represented by the Oregon Law Center, claimed violations of her Fourteenth Amendment right to due process ... read more >
On December 21, 2012, a former prisoner filed a lawsuit in the United States District Court for the District of Oregon under 42 U.S.C. § 1983 against the Clackamas County jail. The plaintiff, represented by the Oregon Law Center, claimed violations of her Fourteenth Amendment right to due process and her Fourth Amendment right against unlawful seizure. She also brought a a state-law false imprisonment claim. The plaintiff sought damages and attorney's fees. Specifically, the plaintiff claimed that she was improperly detained based solely on a federal immigration detainer issued by the U.S. Immigration and Customs Enforcement (ICE). The case was assigned to Judge Janice M. Stewart.

The plaintiff was originally arrested for violating a domestic violence restraining order and was booked into jail on March 12, 2012. By March 15, ICE had issued the detainer, which indicated that the agency was investigating whether the plaintiff was subject to removal from the United States. The form requested that the jail maintain custody of the plaintiff for not more than 48 hours after she would otherwise have been released to allow the Department of Homeland Security time to take custody of the her. On March 29, the plaintiff pleaded guilty to one of her charges and should have been released that same day. Instead, the jail held her for another 19 hours based solely on the detainer.

The plaintiff was told that, because of the detainer, she would remain detained regardless of bail being posted. The plaintiff claimed that by denying her the opportunity to be released by posting bail solely due to the existence of the detainer, the jail deprived her of her due process rights. She also claimed that by continuing to hold her without any basis in state law after her criminal matter had been resolved, the jail effected an unlawful seizure under the Fourth Amendment. Finally, she claimed the imprisonment was without legal authority and in violation of Oregon law. Because the facts of the matter were undisputed, the County moved for summary judgment, and the plaintiff cross-moved for summary judgment as to her § 1983 claims.

On April 11, 2014, the District Court issued an opinion and order granting summary judgment to the County with regard to the due process and false imprisonment claims, and granting summary judgment to the plaintiff with regard to her unlawful seizure claim. 2014 WL 1414305. The court found that the County's continuation of the plaintiff's detention based on the ICE detainer constituted new, "prolonged warrantless, post-arrest, pre-arraignment custody." After the plaintiff's resolution of her state charges, and at any time prior had the plaintiff posted bail, the County no longer had probable cause to justify her detention. Her remaining in custody counted as a new, initial seizure without probable cause, which violated her Fourth Amendment rights. The only issue left for trial was the amount of damages owed to the plaintiff for the jail's violation of her Fourth Amendment right.

On May 4, 2015, two weeks before a jury trial was set to begin, the plaintiff accepted the defendant's offer of judgment. On May 5, the District Court entered an order granting the plaintiff $30,100.00 in damages against the County, as well as reasonable costs and attorneys fees. The plaintiff later filed a motion for attorney fees and costs in the sum of $124,944.04.

On June 3, 2015, the County filed an appeal from the judgment to the Ninth Circuit (docket #15-35439). On June 17, the plaintiff filed a cross-appeal.

On August 28, 2015, the District Court issued an opinion and order awarding the plaintiff attorney fees in the sum of $94,531.70 and costs in the sum of $2,841.44, for a total of $97,373.14. 2015 WL 5093752.

On September 14, 2015, both parties' appeals were voluntarily dismissed as the matter had been resolved in the District Court.

The case is closed.

Andrew Junker - 09/25/2014
Sean Whetstone
Sam Kulhanek - 02/01/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Unreasonable search and seizure
Defendant-type
Corrections
Discrimination-basis
Immigration status
Immigration/Border
Detention - criteria
Detention - procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Clackamas County
Plaintiff Description A prisoner in Oregon whose continued detention in county jail was based solely on a detainer order issued by ICE.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Filed 12/21/2012
Case Closing Year 2015
Case Ongoing No
Additional Resources
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Docket(s)
3:12-cv-02317-ST (D. Or.)
IM-OR-0004-9000.pdf | Detail
Date: 09/15/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-OR-0004-0001.pdf | Detail
Date: 12/21/2012
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 6]
IM-OR-0004-0002.pdf | Detail
Date: 03/01/2013
Source: PACER [Public Access to Court Electronic Records]
Order and Opinion Granting Partial Summary Judgment [ECF# 42] (2014 WL 1414305) (D. Or.)
IM-OR-0004-0003.pdf | WESTLAW | Detail
Date: 04/11/2014
Source: PACER [Public Access to Court Electronic Records]
Judgment [ECF# 124] (D. Or.)
IM-OR-0004-0004.pdf | Detail
Date: 05/05/2015
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 163] (2015 WL 5093752) (D. Or.)
IM-OR-0004-0005.pdf | WESTLAW | Detail
Date: 08/28/2015
Source: PACER [Public Access to Court Electronic Records]
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Judges Stewart, Janice M. (D. Or.) [Magistrate] show/hide docs
IM-OR-0004-0003 | IM-OR-0004-0004 | IM-OR-0004-0005 | IM-OR-0004-9000
Plaintiff's Lawyers Haile, Benjamin Wright (Oregon) show/hide docs
IM-OR-0004-9000
Henretty, David R. (Oregon) show/hide docs
IM-OR-0004-0001 | IM-OR-0004-0002 | IM-OR-0004-9000
Neal, Spencer M. (Oregon) show/hide docs
IM-OR-0004-0001 | IM-OR-0004-0002 | IM-OR-0004-9000
Nevill, Francie J. (Oregon) show/hide docs
IM-OR-0004-9000
Defendant's Lawyers Ciecko, Scott C. (Oregon) show/hide docs
IM-OR-0004-9000
Madkour, Stephen L (Oregon) show/hide docs
IM-OR-0004-9000
Other Lawyers Cox, James E. Jr. (Oregon) show/hide docs
IM-OR-0004-9000

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