University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Unknown Party v. Motel 6 IM-AZ-0025
Docket / Court 2:18-cv-00242-DGC ( D. Ariz. )
State/Territory Arizona
Case Type(s) Immigration and/or the Border
Attorney Organization MALDEF
Case Summary
On January 23, 2018, eight individuals who separately stayed at various Motel 6 locations in Arizona filed this class action in U.S. District Court for the District of Arizona. The plaintiffs sued Motel 6 Operating L.P., its parent company G6 Hospitality LLC, and 10 unnamed employees of various ... read more >
On January 23, 2018, eight individuals who separately stayed at various Motel 6 locations in Arizona filed this class action in U.S. District Court for the District of Arizona. The plaintiffs sued Motel 6 Operating L.P., its parent company G6 Hospitality LLC, and 10 unnamed employees of various Motel 6 locations throughout Arizona under 42 U.S.C. § 1983. The plaintiffs, represented by the Mexican American Legal Defense and Educational Fund (MALDEF), requested class certification and sought declaratory, monetary, and injunctive relief, as well as a civil penalty and attorneys' fees and costs.

The plaintiffs claimed that Motel 6's policy of disclosing guests' information to DHS and ICE agents without requiring a warrant or reasonable suspicion of criminal activity violated the Fourth Amendment, as well as federal and state laws. Specifically, they claimed that the defendants discriminated against them on the basis of race and/or national origin by denying Latino guests the full and equal enjoyment of the contractual relationship with Motel 6. The plaintiffs alleged that by assisting DHS and ICE agents, Motel 6 engaged in a conspiracy to violate the plaintiff's rights and disclosed information in violation of the right against unreasonable searches and seizures. They claimed that these violations led to the plaintiffs' false imprisonment and caused tortious emotional distress. In their answer, the defendants alleged that they correctly cooperated with federal law enforcement, and that the federal law enforcement agents were responsible for ensuring that their actions were lawful.

The case proceeded before Judge David G. Campbell. However, by the end of May 2018, the parties indicated their belief that the case would be resolved quickly. On July 6, 2018, the parties filed a joint notice of settlement. On November 2, 2018, they filed a request for conditional class certification and preliminary approval of the terms of the proposed Settlement Agreement.

Firsty, they requested a primary class of "all persons who stayed at an Operated Location between February 1, 2017, and November 2, 2018, and whose Guest Information was provided to Federal Immigration Authorities by Defendants’ employees, except those who file a timely request to opt-out of the monetary damages provisions." It then named two additional subclasses: class 2) "all persons who are not members of Class 3 who were questioned and/or interrogated by Federal Immigration Authorities at an Operated Location as a result of a Primary Class Member’s Guest Information being provided to Federal Immigration Authorities"; and class 3) "all persons who were placed in immigration removal proceedings in connection with their encounter with Federal Immigration Authorities at an Operated Location as a result of a Primary Class Member’s Guest Information being provided to Federal Immigration Authorities."

The parties requested the court to approve the following amounts in monetary damages: a) $50 in damages per guest whose information was shared with Federal Immigration Authorities, up to a class-wide total of $1,000,000; b) $1,000 in damages to each Class Member questioned by FIA during his or her stay; and c) an amount of at least $7,500 to each Class Member who was placed in immigration removal proceedings in connection with their encounter with FIA during his or her stay. The total settlement amount was $7.6 million. The settlement included a two-year enforcement period of a consent decree that would enjoin Motel 6 from providing guest information to DHS and ICE absent a warrant, subpoena, or the immediate risk of harm to a guest, employee, or another individual.

The court had not yet approved the settlement agreement as of this writing and the case remains ongoing.

Lisa Koo - 01/30/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Unreasonable search and seizure
Discrimination-basis
Immigration status
National origin discrimination
Race discrimination
General
Confidentiality
Confinement/isolation
False arrest
Over/Unlawful Detention
Records Disclosure
Immigration/Border
Constitutional rights
Deportation - procedure
ICE/DHS/INS raid
National Origin/Ethnicity
Hispanic
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action 42 U.S.C. § 1981
42 U.S.C. § 1983
42 U.S.C. § 1985
Defendant(s) G6 Hospitality LLC
Motel 6 Operating, L.P.
Plaintiff Description Eight Latino and Latina plaintiffs who previously stayed at Motel 6 locations in Arizona and had their personal information sent to DHS and ICE without consent. The plaintiffs requested class certification of similarly situated individuals who experienced similar Fourth Amendment violations.
Indexed Lawyer Organizations MALDEF
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Docket(s)
2:18-cv-00242-DGC (D. Ariz.)
IM-AZ-0025-9000.pdf | Detail
Date: 01/07/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order/Opinion [ECF# 34] (D. Ariz.)
IM-AZ-0025-0004.pdf | Detail
Date: 11/02/2018
Source: PACER [Public Access to Court Electronic Records]
Complaint [ECF# 1]
IM-AZ-0025-0001.pdf | Detail
Date: 01/14/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Campbell, David G. (D. Ariz.) show/hide docs
IM-AZ-0025-0004 | IM-AZ-0025-9000
Plaintiff's Lawyers Gallegos, Andres J (California) show/hide docs
IM-AZ-0025-9000
Holguin, Andres R (California) show/hide docs
IM-AZ-0025-9000
Ortega, Daniel R. Jr. (Arizona) show/hide docs
IM-AZ-0025-9000
Perales, Nina (Texas) show/hide docs
IM-AZ-0025-0001 | IM-AZ-0025-9000
Saenz, Thomas A. (California) show/hide docs
IM-AZ-0025-9000
Defendant's Lawyers Bivens, Donald W (Arizona) show/hide docs
IM-AZ-0025-9000
DeSanctis, Michael B (District of Columbia) show/hide docs
IM-AZ-0025-9000
Kadzik, Peter J (District of Columbia) show/hide docs
IM-AZ-0025-9000
Lynch, Christopher M (District of Columbia) show/hide docs
IM-AZ-0025-9000
Refo, Patricia Lee (Arizona) show/hide docs
IM-AZ-0025-9000
Verrilli, Donald B. Jr. (District of Columbia) show/hide docs
IM-AZ-0025-9000

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