On January 26, 2017, an individual unlawfully detained in Bexar County Adult Detention Center (BCADC) filed this lawsuit in the U.S. District Court for the Western District of Texas. The plaintiff sued the United States of America under 42 U.S.C. 1983 and claimed Fourth and Fifth Amendment violations and violations of the Federal Tort Claims Act (FTCA), alleging that the defendant was liable for damages following the plaintiff’s false imprisonment. The plaintiff, represented by private counsel, sought monetary relief and attorneys’ fees and costs. The case was initially assigned to Judge David A. Ezra but was reassigned to Chief Judge Orlando L. Garcia on May 27, 2017.

On May 23, 2017, the parties filed a joint motion to consolidate the present case with Trujillo v. Bexar County, Texas, et. al, 5:16-cv-00855-OLG because the legal and factual issues were similar. The following day, the court granted this motion to avoid unnecessary cost or delay and to promote the administration of justice. On October 25, 2017, the court entered an order requiring all documents to be filed under the consolidated case.

In the lead case, (Trujillo v. Bexar County, Texas et. al) the plaintiff filed a complaint on August 26, 2016 seeking damages against the Defendants for unlawfully detaining him in the Bexar County Jail without charge, warrant, or probable cause. As in the other case, Plaintiff's Complaint asserts claims under 42 U.S.C. § 1983 for violations of the Fourth, Fifth, and Fourteenth Amendments; claims for declaratory relief under 28 U.S.C. § 2201 and 2202; claims for violations of the Immigration and Nationality Act; and Bivens claims arising from Plaintiff's alleged unlawful detention.

The case was assigned to Chief Judge Orlando L. Garcia. 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.

One defendant in the case moved to dismiss 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). As of October 17, 2018, the case is still ongoing.

Jake Parker - 07/20/2018
Elizabeth Heise - 10/17/2018


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