University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Flores v. City of Baldwin Park Police Department IM-CA-0078
Docket / Court BC560031 ( State Court )
State/Territory California
Case Type(s) Immigration and/or the Border
Attorney Organization MALDEF
Case Summary
On October 8, 2014, two individuals filed a lawsuit in the Superior Court of the State of California for the County of Los Angeles under state law against the City of Baldwin Park Police Department. The plaintiffs, represented by public interest counsel, asked the court for damages, injunctive and ... read more >
On October 8, 2014, two individuals filed a lawsuit in the Superior Court of the State of California for the County of Los Angeles under state law against the City of Baldwin Park Police Department. The plaintiffs, represented by public interest counsel, asked the court for damages, injunctive and declaratory relief, claiming that defendants falsely imprisoned one of the plaintiffs; that such imprisonment violated the defendants' obligations under the California TRUST Act; that such imprisonment deprived one of the plaintiffs of his rights under California law and the California Constitution; and that such activities are a wasteful and illegal expenditure of taxpayers' dollars, warranting an injunction.

Specifically, the plaintiffs claim that one of the plaintiffs was held for three days under a federal Immigrations and Customs Enforcement ("ICE") hold after being eligible for release from local law enforcement agency custody, in violation of the California TRUST Act. The other plaintiff claims that Defendants' actions in honoring ICE hold requests in contravention of state and federal law are a wasteful and illegal expenditure of taxpayer dollars, and seeks an injunction permanently enjoining Defendants from honoring immigration detainers in violation of the TRUST Act.

As of November 2014, the case remains pending.

Dan Whitman - 12/02/2014


compress summary

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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Law-enforcement
General
Confinement/isolation
Over/Unlawful Detention
Terrorism/Post 9-11 issues
Immigration/Border
Detention - criteria
Detention - procedures
Language
Spanish
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) City of Baldwin Park Police Department
Plaintiff Description An individual and a taxpayer
Indexed Lawyer Organizations MALDEF
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  SUMMARY:The Nationwide Perez-Fuñez Permanent Injunction Provisions for Unaccompanied Children in DHS Custody
www.nilc.org
Date: June 2014
By: National Immigration Law Center (National Immigration Law Center)
[ Detail ] [ External Link ]

Docket(s)
BC560031 (State Trial Court)
IM-CA-0078-9000.pdf | Detail
Date: 11/13/2014
Source: State Court Website
General Documents
Complaint for Damages, Injunctive and Declaratory Relief
IM-CA-0078-0001.pdf | External Link | Detail
Date: 10/08/2014
Source: Plaintiffs' counsel
Plaintiff's Lawyers Bansal, Jessica Karp (California)
IM-CA-0078-0001
Barragan, Matthew J. (California)
IM-CA-0078-0001
Saenz, Thomas A. (California)
IM-CA-0078-0001

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