University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name American Civil Liberties Union of Northern California v. U.S. Department of Homeland Security IM-CA-0127
Docket / Court 3:18-cv-04105-LB ( N.D. Cal. )
Additional Docket(s) 3:19-cv-02757  [ 19-2757 ]  Northern District of CA (U.S.)
State/Territory California
Case Type(s) Immigration and/or the Border
Special Collection Trump Administration FOIA cases
Attorney Organization ACLU Chapters (any)
ACLU of Northern California
Case Summary
In December 2017, the ACLU of Northern California submitted a request to the the Department of Homeland Security, Immigration and Customs Enforcement, seeking documents related to the agency's use of a private contractor known as G4S Secure Solutions to restrain, process, and transport immigration ... read more >
In December 2017, the ACLU of Northern California submitted a request to the the Department of Homeland Security, Immigration and Customs Enforcement, seeking documents related to the agency's use of a private contractor known as G4S Secure Solutions to restrain, process, and transport immigration detainees. G4S had reportedly been involved in instances of assault and neglect against detainees in their custody, including a 2014 incident during which a detainee died. The ACLU specifically sought records regarding the policies and procedures used by G4S and the manner in which the company was awarded its contracts with the government, totaling in excess of $200 million. The agency did not provide the records to the ACLU.

On July 10, 2018, the ACLU filed this suit against Immigrations and Customs Enforcement under the Freedom of Information Act (FOIA) in U.S. District Court for the Northern District of California. The ACLU, represented by private counsel and in-house attorneys, sought declaratory and injunctive relief, specifically an order directing the defendant to release the requested records; a declaration that the defendant's refusal to provide the records was illegal; and attorneys' fees. The case was assigned to Magistrate Judge Laura Beeler.

The parties began filing case management updates shortly after filing the suit. Magistrate Judge Beeler put a minute entry into the record on March 8, 2019 asking the plaintiffs to provide a narrowed version of their FOIA request within a week. Subsequent case management statements showed that the plaintiffs submitted a narrower request within the deadline, though a June 13, 2019 case management statement from the ACLU indicated that the plaintiffs were concerned that the defendants would not process the revised requests in a timely manner.

On June 26, 2019, the court received notice of a possibly related case from G4S, 19-cv-02757 in N.D. Cal. This new case was filed by a private citizen represented by the ACLU alleging assault, battery, negligence, and negligent infliction of emotional distress in ICE custody via G4S. The defendants resisted relating the two cases, but Magistrate Judge Beeler filed an order relating the two cases on July 8, 2019.

Document production continued after the cases were combined. In a September 26, 2019 case management conference, Magistrate Judge Beeler ordered the defendant to increase production of documents from 500 a month to 750 a month. COVID-19 moved document production and further case management conferences online in late March. A May 7, 2020 case management report shows difficulty in getting monthly document productions over to the plaintiffs in March and April, but the defendants promised to work with the plaintiffs to figure out the cause of the issue. Production is ongoing.

Nathaniel Flack - 10/04/2018
Ellen Aldin - 06/24/2020


compress summary

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Issues and Causes of Action
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Issues
Defendant-type
Law-enforcement
General
Assault/abuse by staff
Conditions of confinement
Incident/accident reporting & investigations
Over/Unlawful Detention
Pattern or Practice
Records Disclosure
Immigration/Border
Detention - conditions
Plaintiff Type
Non-profit NON-religious organization
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. § 552
Defendant(s) U.S. Department of Homeland Security, Immigrations and Customs Enforcement
Plaintiff Description ACLU of Northern California
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Northern California
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 07/10/2018
Case Ongoing Yes
Case Listing IM-CA-0122 : Community Legal Services in East Palo Alto v. U.S. Department of Homeland Security (N.D. Cal.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Liborio Ramos v. G4S Secure Solutions (Detainee Transport)
American Civil Liberties Union Northern California
Date: 05/15/2019
By: American Civil Liberties Union
[ Detail ] [ External Link ]

  ACLU Foundation of Northern California v. ICE (Detainee Transport)
ACLU Northern California
Date: 07/28/2018
By: American Civil Liberties Union
[ Detail ] [ External Link ]

Docket(s)
3:18-cv-4105 (N.D. Cal.)
IM-CA-0127-9000.pdf | Detail
Date: 05/18/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief Under the Freedom of Information Act, 5 U.S.C. § 552 [ECF# 1]
IM-CA-0127-0001.pdf | Detail
Date: 07/10/2018
Source: PACER [Public Access to Court Electronic Records]
Updated Joint Case Management Statement [ECF# 57]
IM-CA-0127-0002.pdf | Detail
Date: 05/07/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Beeler, Laurel (N.D. Cal.) [Magistrate] show/hide docs
IM-CA-0127-9000
Plaintiff's Lawyers Chatterjee, Indra Neel (California) show/hide docs
IM-CA-0127-0001 | IM-CA-0127-0002 | IM-CA-0127-9000
Chen, Ian (California) show/hide docs
IM-CA-0127-0001 | IM-CA-0127-9000
Crook, Jamie Lorraine (California) show/hide docs
IM-CA-0127-9000
Els, Andrea Scripa (Massachusetts) show/hide docs
IM-CA-0127-0001
Freeman, William S (California) show/hide docs
IM-CA-0127-0002 | IM-CA-0127-9000
Hyde, Hayes P. (California) show/hide docs
IM-CA-0127-0001 | IM-CA-0127-0002 | IM-CA-0127-9000
Mass, Julia Harumi (California) show/hide docs
IM-CA-0127-0001 | IM-CA-0127-9000
Ong, Andrew Shichen (California) show/hide docs
IM-CA-0127-0001 | IM-CA-0127-0002 | IM-CA-0127-9000
Scripa, Andrea L. (New York) show/hide docs
IM-CA-0127-9000
Talla, Vasudha (California) show/hide docs
IM-CA-0127-0001 | IM-CA-0127-9000
Vu, Hong-An (California) show/hide docs
IM-CA-0127-0001 | IM-CA-0127-9000
Defendant's Lawyers Anderson, David Lloyd (California) show/hide docs
IM-CA-0127-0002
Brakebill, Kenneth Warren (California) show/hide docs
IM-CA-0127-0002 | IM-CA-0127-9000
Dorny, A. Louis (California) show/hide docs
IM-CA-0127-9000
Molinari, Gioconda R. (California) show/hide docs
IM-CA-0127-9000

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