University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Ndambi v. CoreCivic IM-MD-0011
Docket / Court 1:18-cv-03521 ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration and/or the Border
Special Collection Immigrant Detention Labor Issues
Case Summary
On November 14, 2018, three immigrants detained at the Cibola County Correctional Center (“Cibola”) filed this putative class action lawsuit in the U.S. District Court of Maryland. The plaintiffs sued CoreCivic, Inc. under the Fair Labor Standards Act (FLSA) and the New Mexico Minimum Wage Act ( ... read more >
On November 14, 2018, three immigrants detained at the Cibola County Correctional Center (“Cibola”) filed this putative class action lawsuit in the U.S. District Court of Maryland. The plaintiffs sued CoreCivic, Inc. under the Fair Labor Standards Act (FLSA) and the New Mexico Minimum Wage Act (NMMWA). The plaintiffs, represented by private counsel, sought to recover underpaid wages and attorney's fees and require CoreCivic to treat all current and future Cibola detainees as employees so they would be entitled to minimum wage. The plaintiffs claimed that CoreCivic’s labor practices violated the Fair Labor Standards Act, the New Mexico Minimum Wage Act, and the common law doctrine of unjust enrichment. Specifically, the plaintiffs state that CoreCivic, Inc. used immigrants’ labor for services within the Cibola prison but paid them less than the federally mandated rate of $7.25 per hour, as required by the Fair Labor Standards Act.

The defendant filed a motion to dismiss for failure to state a claim on January 11, 2019, arguing that the plaintiffs’ custodial detention prevents them from assuming an employee/employer relationship. As such, the defendant alleged that the FLSA and NMMWA do not apply. Because the plaintiffs were not eligible for the minimum wage under those statutes, the defendant argued that the claim for unjust enrichment fails as well. This motion is pending.

On February 26, 2019, the plaintiffs filed a motion to certify a class conditionally. The plaintiffs argued that their detainment and working conditions at Cibola are sufficient conditions to meet the “similarly situated” threshold required to file a class action lawsuit. This motion is also pending. The case is ongoing.

Justin Hill - 09/23/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Corrections
General
Conditions of confinement
Immigration/Border
Employment
Plaintiff Type
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
State law
Defendant(s) CoreCivic, Inc.
Plaintiff Description Three immigrants detained at Cibola County Correctional Center who worked for wages less than the federally mandated minimum.
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Docket(s)
1:18-cv-3521 (D. Md.)
IM-MD-0011-9000.pdf | Detail
Date: 03/26/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-MD-0011-0001.pdf | Detail
Date: 11/14/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Points and Authorities in Support of Defendant's Motion to Dismiss Complaint [ECF# 36]
IM-MD-0011-0002.pdf | Detail
Date: 01/11/2019
Source: PACER [Public Access to Court Electronic Records]
Motion for Conditional Certification [ECF# 43]
IM-MD-0011-0003.pdf | Detail
Date: 02/26/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bennett, Richard D. (D. Md.) show/hide docs
IM-MD-0011-9000
Plaintiff's Lawyers Blustein, Benjamin Jay (District of Columbia) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Cammarano, Stacy N. (District of Columbia) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Free, R. Andrew (Tennessee) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Hancock, D. Michael (District of Columbia) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Libman, Robert S (District of Columbia) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Maldonado, Nancy L. (Illinois) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Owens, Matthew J. (Illinois) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Pihos, Deanna (Illinois) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Sellers, Joseph Marc (District of Columbia) show/hide docs
IM-MD-0011-0001 | IM-MD-0011-0003 | IM-MD-0011-9000
Defendant's Lawyers Berkowitz, Matthew D. (District of Columbia) show/hide docs
IM-MD-0011-0002 | IM-MD-0011-9000
Bernas, K. Maxwell (District of Columbia) show/hide docs
IM-MD-0011-0002 | IM-MD-0011-9000
Lee, Jacob B. (Arizona) show/hide docs
IM-MD-0011-0002 | IM-MD-0011-9000
Love, Rachel (Arizona) show/hide docs
IM-MD-0011-0002 | IM-MD-0011-9000
Maloney, Paul J. (District of Columbia) show/hide docs
IM-MD-0011-0002
Struck, Daniel Patrick (Arizona) show/hide docs
IM-MD-0011-0002 | IM-MD-0011-9000

- click to show/hide ALL -

new search
page permalink

- top of page -