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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