On May 17, 2004, 22 individuals detained for alleged immigration violations at the Etowa County Detention center in Alabama filed a pro se class action lawsuit against the U.S. Immigration and Customs Enforcement (ICE) pursuant to 42 U.S.C § 1983 in the United States District Court for the Northern District of Alabama, challenging the conditions of their confinement. Plaintiffs claimed numerous constitutional violations, which included: (1) no access to legal materials, (2) no telephone access, (3) assault and abuse, (4) retaliatory transfers, (5) no outdoor recreation, (6) inadequate medical care, (7) poor food services and (8) denial of religious freedom. Plaintiffs sought declaratory and injunctive relief as well as compensatory and punitive damages. Plaintiffs also moved for class certification.

The District Court (Judge Robert B. Propst) immediately denied the request for class certification and ordered the Clerk to open individual case files for each named plaintiff.

The case was referred to a magistrate judge to issue a report and recommendation on the viability of plaintiff's claims. Following the magistrate's report, on October 26, 2006, Judge Propst ordered that all claims be dismissed, except plaintiff's claim that he was denied access to outdoor recreation.

In the interim, Plaintiff filed a motion for a preliminary injunction, requesting that the Court order that he be transferred from Etowah County Detention Center. Subsequent to plaintiff's motion, he was deported from the United States. Defendants moved to dismiss the case, arguing that plaintiff's request for injunctive relief was moot given plaintiff's deportation.

Ultimately, Judge Propst dismissed the case without prejudice in March 2007 for lack of prosecution, in light of plaintiff's deportation.

Miles Chan - 07/05/2007


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