University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Fraihat v. U.S. Immigration and Customs Enforcement IM-CA-0147
Docket / Court 5:19-cv-01546 ( C.D. Cal. )
Additional Docket(s) 5:19-cv-01546  [ 19-5 ]  Central District of CA (U.S.)
State/Territory California
Case Type(s) Immigration and/or the Border
Attorney Organization Civil Rights Education and Enforcement Center
Disability Rights Education & Defense Fund (DREDF)
Southern Poverty Law Center
Case Summary
On August 19, 2019, Al Otro Lado and the Inland Coalition for Immigrant Justice, as well as 15 individuals who are currently being imprisoned by the U.S. Immigration and Customs Enforcement in a total of 8 facilities across 6 states, filed this class-action suit in the U.S. District Court for the ... read more >
On August 19, 2019, Al Otro Lado and the Inland Coalition for Immigrant Justice, as well as 15 individuals who are currently being imprisoned by the U.S. Immigration and Customs Enforcement in a total of 8 facilities across 6 states, filed this class-action suit in the U.S. District Court for the Central District of California. The plaintiffs are represented by Civil Rights Education and Enforcement Center (CREEC), Disability Rights Advocates (DRA), Southern Poverty Law Center (SPLC), and private counsel. The plaintiffs sued U.S. Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS), as well as 8 federal employees of these departments under Section 504 of the Rehabilitation Act of 1973 and the American with Disabilities Act. Judge Jesus G. Bernal is presiding over the case after it was transferred from Judge Dale S. Fischer.


The plaintiffs claimed that the federal government failed to ensure that detained immigrants received appropriate medical and mental health care, as well as failed to ensure that detained immigrants with disabilities were provided with accommodations and were free from discrimination. The plaintiffs also claimed that the defendants’ punitive use of segregation was in violation of the Fifth Amendment of the U.S. Constitution. The plaintiffs sought no damages but rather injunctive relief to change how the U.S. government treats detained immigrants in its custody.

This case is one of a number of cases challenging how the federal government treats detained immigrants. Related cases include Ernesto Torres, et al., v. Department of Homeland Security, et al., No. 5:18-cv-02604 (C.D. Cal. Filed Dec. 14, 2018); Raul Novoa, et al., v. The Geo Group, No. 5:17-cv-02514 (C.D. Cal. Filed Dec. 19, 2017), or IM-CA-0142 in this Clearinghouse.

The case is ongoing.

Christiana Johnson - 09/27/2019
Kevin Longhany - 11/01/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Defendant-type
Law-enforcement
Disability
Hearing impairment
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Conditions of confinement
Disciplinary segregation
Language/ethnic/minority needs
Placement in detention facilities
Immigration/Border
Detention - conditions
Detention - procedures
Medical/Mental Health
Intellectual/Developmental Disability
Medical care, general
Mental health care, general
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) U.S. Immigration and Customs Enforcement
Plaintiff Description 15 individuals who are currently being detained by U.S. Immigration and Customs Enforcement. These individuals are detained in 8 different facilities across 6 states. These individuals are joined by Al Otro Lado and the Inland Coalition for Immigrant Justice, nonprofits that advocate for the legal rights of immigrants.
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Disability Rights Education & Defense Fund (DREDF)
Southern Poverty Law Center
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Source of Relief None yet
Filing Year 2019
Case Ongoing Yes
Docket(s)
5:19-cv-1546 (C.D. Cal.)
IM-CA-0147-9000.pdf | Detail
Date: 09/30/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-CA-0147-0001.pdf | Detail
Date: 08/19/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bernal, Jesus Gilberto (C.D. Cal.) show/hide docs
IM-CA-0147-9000
Plaintiff's Lawyers Agarwal, Shalini Goel (Florida) show/hide docs
IM-CA-0147-9000
Agatstein, Jessica Catherine (California) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Alderman, William F. (California) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Brandt-Young, Christina (New York) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Davidson, Jared (Louisiana) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Fleischman, Maia (Florida) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Fox, Timothy Patrick (Colorado) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Graybill, Lisa S. (Louisiana) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Johnson, Elissa (Georgia) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Jong, Jeremy (Louisiana) show/hide docs
IM-CA-0147-0001
Jordan, Elizabeth B. (Colorado) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Mermelstein, Mark (California) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Porter, Monica M. (California) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Riess, Melissa (California) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Routhier, Jake (California) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000
Seaborn, Stuart (California) show/hide docs
IM-CA-0147-0001 | IM-CA-0147-9000

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