University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Trujillo v. Bexar County, Texas et. al IM-TX-0048
Docket / Court 5:16-cv-00855 ( W.D. Tex. )
Additional Docket(s) 5:17-cv-00054-OLG  [ 17-54 ]  Western District of TX (U.S.)
State/Territory Texas
Case Type(s) Immigration and/or the Border
Case Summary
After being imprisoned in Bexar County Adult Detention Center (BCADA) for about 75 days after his criminal charges were dismissed, an individual filed this lawsuit in the U.S. District Court for the Western District of Texas August 26, 2016. Bexar County detained the plaintiff, despite the ... read more >
After being imprisoned in Bexar County Adult Detention Center (BCADA) for about 75 days after his criminal charges were dismissed, an individual filed this lawsuit in the U.S. District Court for the Western District of Texas August 26, 2016. Bexar County detained the plaintiff, despite the dismissal, of his criminal charges under a Bexar County policy and practice that detains individuals whenever Immigration and Customs Enforcement (ICE) agents asks them to do so. The plaintiff filed suit against Bexar County under 42 U.S.C. § 1983 and against the ICE officers and employees responsible for his illegal detention under Bivens. He claimed violations of his rights under the Fourth, Fifth, and Fourteenth Amendments; and claims for declaratory relief under 28 U.S.C. §§ 2201 and 2202. The plaintiff, represented by private counsel, sought declaratory relief, monetary relief and attorneys’ fees and costs. The case was initially assigned to Chief Judge Orlando L. Garcia.

The plaintiff filed an amended complaint on October 18, 2016, adding claims for violations of the Immigration and Nationality Act and adding the Secretary of the Department of Homeland Security and the Director of ICE as defendants. The plaintiff alleged that the defendants failed to issue detainers in accordance with the Immigration and Nationality Act’s requirements and that these defendants were charged with administering and enforcing the Act

Both parties moved for summary judgment, and Judge Garcia granted in part and denied in part both motions on June 5, 2017. The court determined that the County's actions in detaining the plaintiff without establishing probable cause met the deliberate-indifference standard necessary to show a constitutional violation. The plaintiff was thus awarded partial summary judgment and damages on the § 1983 claim to be free from unreasonable search and seizures against the County. The court denied the § 1983 claim relating to the County's policy of requiring receipt of judicial authorization by fax or email before dismissing a detainee, because the plaintiff did not adequately plead that this policy was the moving force behind the constitutional violations. The court thus granted partial summary judgment to the defendant. 2017 WL 2896021. The defendants immediately filed a motion for reconsideration.

At the same time, on May 23, 2017, the parties filed a joint motion to consolidate the present case with Trujillo v. United States , 5:17-cv-00054-OLG, because the legal and factual issues were similar. In Trujillo v. United States , 5:17-cv-00054-OLG, the same plaintiff filed a lawsuit against the United States seeking damages under the Federal Tort Claims Act for his false imprisonment. The following day, the court granted this motion to avoid unnecessary cost or delay and to promote the administration of justice.

The Secretary of DHS, the Director of ICE, and the ICE San Antonio Field Officer moved to dismiss the FTCA claims and stay the case on August 18, 2017. The motion to dismiss was granted as to DHS, ICE, and other federal employees and the motion to stay was denied on October 18, 2017. 2017 WL 6033861. The plaintiff appealed to the Fifth Circuit on November 10, 2017 and the appeal was dismissed for lack of jurisdiction (Docket #17-51005).

Back in the district court, the court reconsidered the issue after briefing. On January 17, 2019, the court vacated their original granting of the plaintiff's summary judgment motion. They instead granted the defendant's motion for summary judgment and ordered the case to be closed.

On February 11, 2019, the plaintiff appealed the case to the Fifth Circuit (Docket # 19-50124). On November 7, 2019, the plaintiff filed a motion to dismiss because a settlement had been reached, and a day later, the Fifth Circuit dismissed the case. The Clearinghouse does not have access to the settlement agreement. As of February 24, 2020, the docket had no additional activity and the Clearinghouse does not have access to the terms of the settlement agreement or updates on its enforcement.

Jake Parker - 07/20/2018
Elizabeth Heise - 10/17/2018
Caitlin Kierum - 02/24/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Defendant-type
Law-enforcement
General
Fines/Fees/Bail/Bond
Over/Unlawful Detention
Immigration/Border
Detention - procedures
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Ex Parte Young (Federal) or Bivens
Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) Bexar County
Immigration Customs and Enforcement
Secretary of Department of Homeland Security
United States
Plaintiff Description A man who was unlawfully detained in Bexar County Adult Detention Center.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Filed 2016
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
5:17−cv−00054−OLG (W.D. Tex.)
IM-TX-0048-9000.pdf | Detail
Date: 10/25/2017
Source: PACER [Public Access to Court Electronic Records]
5:16-cv-855 (W.D. Tex.)
IM-TX-0048-9001.pdf | Detail
Date: 11/08/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Plaintiff's Original Complaint [ECF# 1]
IM-TX-0048-0007.pdf | Detail
Date: 08/26/2016
Source: PACER [Public Access to Court Electronic Records]
Plaintiff's Amended Complaint [ECF# 11]
IM-TX-0048-0006.pdf | Detail
Date: 10/18/2016
Source: PACER [Public Access to Court Electronic Records]
Complaint [ECF# 1]
IM-TX-0048-0001.pdf | Detail
Date: 01/26/2017
Source: PACER [Public Access to Court Electronic Records]
Order Granting Joint Motion for Consolidation [ECF# 4] (W.D. Tex.)
IM-TX-0048-0009.pdf | Detail
Date: 03/27/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 36] (W.D. Tex.)
IM-TX-0048-0002.pdf | Detail
Date: 06/05/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 53] (2017 WL 6033861) (W.D. Tex.)
IM-TX-0048-0008.pdf | WESTLAW | Detail
Date: 10/18/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 58] (W.D. Tex.)
IM-TX-0048-0003.pdf | Detail
Date: 08/24/2018
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 64] (W.D. Tex.)
IM-TX-0048-0004.pdf | Detail
Date: 01/17/2019
Source: PACER [Public Access to Court Electronic Records]
Appeal from the United States District Court for the Western District of Texas [Ct. of App. ECF# 70]
IM-TX-0048-0005.pdf | Detail
Date: 11/08/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Ezra, David Alan (D. Haw.) show/hide docs
IM-TX-0048-0009
Garcia, Orlando Luis (W.D. Tex.) show/hide docs
IM-TX-0048-0002 | IM-TX-0048-0003 | IM-TX-0048-0004 | IM-TX-0048-0008 | IM-TX-0048-9000 | IM-TX-0048-9001
Plaintiff's Lawyers Curtright, Lance E. (Texas) show/hide docs
IM-TX-0048-0001 | IM-TX-0048-0006 | IM-TX-0048-0007 | IM-TX-0048-9001
Rodriguez, Juan Carlos (Texas) show/hide docs
IM-TX-0048-0001 | IM-TX-0048-0006 | IM-TX-0048-0007 | IM-TX-0048-9000 | IM-TX-0048-9001
Defendant's Lawyers Anderson, Gary L. (Iowa) show/hide docs
IM-TX-0048-9000 | IM-TX-0048-9001
Bloodworth, Kristin K. (Texas) show/hide docs
IM-TX-0048-9001
Christilles, Jacquelyn Michelle (Texas) show/hide docs
IM-TX-0048-9001

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