University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Vargas Ramirez v. United States IM-WA-0024
Docket / Court 2:13-cv-02325 ( W.D. Wash. )
State/Territory Washington
Case Type(s) Immigration and/or the Border
Attorney Organization Northwest Immigrant Rights Project (NWIRP)
Case Summary
On December 27, 2013, a Latino individual filed this lawsuit in the United States District Court in the Western District of Washington. He sued under the Federal Tort Claims Act against the United States of America, specifically the United States Border Patrol (USBP) and the Anacortes Police ... read more >
On December 27, 2013, a Latino individual filed this lawsuit in the United States District Court in the Western District of Washington. He sued under the Federal Tort Claims Act against the United States of America, specifically the United States Border Patrol (USBP) and the Anacortes Police Department (APD) in Anacortes, WA. The plaintiff, represented by the Northwest Immigrant Rights Project, asked the court for compensatory damages and attorney fees on the basis of five claims: false arrest, false imprisonment, negligent infliction of emotional distress, intentional infliction of emotional distress, and abuse of process. Specifically, the plaintiff claimed that that the APD improperly took him into custody during a routine traffic stop when they suspected that he was not in the country legally.

On March 23, 2015, Judge James L. Robart granted summary judgment partially in favor of the plaintiff and partially in favor of the government. On the counts of false arrest and false imprisonment, Judge Robart determined that the police acted outside their authority when they initially took the plaintiff into custody, but that later, after the plaintiff admitted that he was in the country illegally, it was proper to place him in a detention center. On the other three counts, Judge Robart granted summary judgment to the government.

Shortly after, the parties reached a settlement agreement of $10,000. The plaintiff further recovered $8,500 from the Anacortes Police Department in a separate complaint. As a result, on March 31, 2015, the court dismissed the remaining claims and closed the case.

Allison Hight - 10/05/2015


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Law-enforcement
Discrimination-basis
Immigration status
General
False arrest
Placement in detention facilities
Racial profiling
Immigration/Border
Detention - conditions
Detention - criteria
Detention - procedures
Employment
Language
Spanish
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Defendant(s) Anacortes Police Department
United States Border Patrol
Plaintiff Description A Latino male from Mexico.
Indexed Lawyer Organizations Northwest Immigrant Rights Project (NWIRP)
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Order Duration 2015 - n/a
Case Closing Year 2015
Case Ongoing No
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)
2:13-cv-2325 (W.D. Wash.)
IM-WA-0024-9000.pdf | Detail
Date: 03/31/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-WA-0024-0001.pdf | Detail
Date: 12/27/2013
Source: PACER [Public Access to Court Electronic Records]
Order on Motion to Dismiss or For Summary Judgment [ECF# 26] (W.D. Wash.)
IM-WA-0024-0003.pdf | Detail
Date: 07/23/2014
Source: PACER [Public Access to Court Electronic Records]
Order of Dismissal [ECF# 47] (W.D. Wash.)
IM-WA-0024-0004.pdf | Detail
Date: 03/21/2015
Source: PACER [Public Access to Court Electronic Records]
Order on Cross Motions for Summary Judgment [ECF# 46] (W.D. Wash.)
IM-WA-0024-0002.pdf | Detail
Date: 03/23/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Robart, James L. (W.D. Wash.)
IM-WA-0024-0002 | IM-WA-0024-0003 | IM-WA-0024-0004 | IM-WA-0024-9000
Plaintiff's Lawyers Adams, Matthew (Washington)
IM-WA-0024-0001 | IM-WA-0024-9000
Hawkins, Mary Elizabeth (Washington)
IM-WA-0024-0001 | IM-WA-0024-9000
Madrid, Glenda Melinda Aldana (Washington)
IM-WA-0024-0001 | IM-WA-0024-9000
Defendant's Lawyers Cohen, Rebecca Shapiro (Washington)
IM-WA-0024-9000
Johnson, Kristin Berger (Washington)
IM-WA-0024-9000

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