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Case Name Jacobson v. U.S. Department of Homeland Security IM-AZ-0024
Docket / Court 4:14-cv-02485-BGM ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Chapters (any)
Case Summary
On November 20, 2014, two residents of Arivaca, Arizona and volunteer members of a community organization called People Helping People (PHP), filed this lawsuit in the United States District Court for the District of Arizona against the Office of Border Patrol. The plaintiffs alleged that Border ... read more >
On November 20, 2014, two residents of Arivaca, Arizona and volunteer members of a community organization called People Helping People (PHP), filed this lawsuit in the United States District Court for the District of Arizona against the Office of Border Patrol. The plaintiffs alleged that Border Patrol had interfered with the plaintiffs' campaign at a border patrol checkpoint in Arizona. The plaintiffs, represented by private counsel and the ACLU, sought declaratory and injunctive relief for alleged violations of the plaintiffs' First Amendment rights.

The complaint stated that Border Patrol operated an interior checkpoint on Arivaca Road in Amado, Arizona. The plaintiffs and other members of PHP commenced a campaign near the checkpoint to protest it by observing, photographing, and videotaping Border Patrol agents' actions at the checkpoint. The plaintiffs contended that the campaign was a reflection of the "local residents’ growing concern about Border Patrol activities in their community, including harassment and civil rights violations by federal agents at the checkpoint." The complaint stated that, in response to the campaign, Border Patrol agents barred the plaintiffs from the public area near the checkpoint and instead required them to conduct their campaign "unreasonably" far away from the checkpoint, and threatened to arrest the plaintiffs.

At the consent of the parties, the case was assigned to Magistrate Judge Macdonald on Feb. 12, 2015.

The plaintiffs moved for preliminary injunction on Jan. 6, 2015, which the court denied on Sept. 14, 2015. The court held that the government's "policy is a valid time, place, and manner restriction on speech," and so the plaintiffs could not meet their burden of showing a likelihood of success on the merits. The court found that the government's "primary interest is in protecting the safety and security of Border Patrol agents, canines, and the public" and held that it was important not to jeopardize the purpose of checkpoint stops to conduct criminal investigations "so critical to the fair administration of justice." 2015 U.S. Dist. LEXIS 122777.

On Nov. 2, 2015, the government moved to dismiss the case, or in the alternative, for summary judgment, which the court granted on Sept. 30, 2016. The court denied the motion to dismiss after it found that the plaintiffs had sufficiently stated a claim upon which relief could be granted as to the alleged First Amendment violation. But the court granted summary judgment after finding that the plaintiffs had not demonstrated any dispute as to the government's assertion that the checkpoint was in fact a nonpublic forum.

The plaintiffs filed notice of appeal to the Ninth Circuit on Nov. 29, 2016. Oral argument was held on Dec. 5, 2017. On Feb. 13, 2018, the Ninth Circuit vacated the judgment and remanded for further consideration. The court found that the record before the district court did not warrant its conclusion as a matter of law that the enforcement zone was a nonpublic forum or that the government had satisfied the requirements for excluding the plaintiffs from the area. The court held that on remand, discovery was to be conducted to allow the district court to make such determinations.

The case is ongoing.

Virginia Weeks - 01/22/2018
Virginia Weeks - 02/13/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Freedom of speech/association
Immigration/Border
Border police
Constitutional rights
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Defendant(s) U.S. Border Patrol
Plaintiff Description Two plaintiffs protesting border checkpoint
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Case Ongoing Yes
Docket(s)
4:14-cv-2485 (D. Ariz.)
IM-AZ-0024-9000.pdf | Detail
Date: 04/04/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief for Violation of Plaintiffs' First Amendment Rights [ECF# 1]
IM-AZ-0024-0001.pdf | Detail
Date: 11/20/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 54] (D. Ariz.)
IM-AZ-0024-0002.pdf | Detail
Date: 09/14/2015
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 93] (D. Ariz.)
IM-AZ-0024-0003.pdf | Detail
Date: 09/30/2016
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# BL-48] (2018 WL 827542)
IM-AZ-0024-0004.pdf | WESTLAW | Detail
Date: 02/13/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Bates, John D. (D.C. Circuit, FISC, D.D.C.)
IM-AZ-0024-0004
Ikuta, Sandra Segal (Ninth Circuit)
IM-AZ-0024-0004
Macdonald, Bruce G. Court not on record
IM-AZ-0024-0002 | IM-AZ-0024-0003 | IM-AZ-0024-9000
Smith, Milan Dale Jr. (Ninth Circuit)
IM-AZ-0024-0004
Plaintiff's Lawyers Brody, Kathleen E. (Arizona)
IM-AZ-0024-9000
Dashe, Christina E. (California)
IM-AZ-0024-9000
Ebadolahi, Mitra (California)
IM-AZ-0024-9000
Ebanks, Tracy (California)
IM-AZ-0024-0001 | IM-AZ-0024-9000
Edman, Joel (Arizona)
IM-AZ-0024-0001 | IM-AZ-0024-9000
Forrest, Ethan (California)
IM-AZ-0024-0001 | IM-AZ-0024-9000
Furnish, Brenda Munoz (Arizona)
IM-AZ-0024-9000
Jaganathan, Neha (California)
IM-AZ-0024-9000
Lopez, Victoria (Arizona)
IM-AZ-0024-0001 | IM-AZ-0024-9000
Loy, John David (California)
IM-AZ-0024-9000
Lyall, James Duff (Arizona)
IM-AZ-0024-0001 | IM-AZ-0024-9000
Pochoda, Daniel Joseph (Arizona)
IM-AZ-0024-0001 | IM-AZ-0024-9000
Taub, Winslow B. (California)
IM-AZ-0024-0001 | IM-AZ-0024-9000
Defendant's Lawyers Beckenhauer, Eric B. (District of Columbia)
IM-AZ-0024-9000
Newton, Emily Sue (District of Columbia)
IM-AZ-0024-9000

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