University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Abimbola v. Robinson IM-AL-0001
Docket / Court 04-cv-01017-RBP-HGD ( N.D. Ala. )
State/Territory Alabama
Case Type(s) Immigration and/or the Border
Case Summary
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 ... read more >
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


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Immigration/Border
Constitutional rights
Detention - conditions
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) Etowah County Sheriff
Immigration and Customs Enforcement (ICE)
Plaintiff Description 22 individuals detained by U.S. Immigration and Customs Enforcement (ICE) at Etowa County Detention center in Alabama
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Case Closing Year 2007
Case Ongoing No
Docket(s)
04-cv-01017-RBP-HGD (N.D. Ala.)
IM-AL-0001-9000.pdf | Detail
Date: 03/20/2007
General Documents
Complaint [ECF# 1]
IM-AL-0001-0002.pdf | Detail
Date: 05/19/2004
Source: PACER [Public Access to Court Electronic Records]
Complaint under the Civil Act 42 U.S.C. Section 1983 for Compensatory and Punitive Relief
IM-AL-0001-0006.pdf | Detail
Date: 08/16/2004
Amended Petition for Civil Rights Act 42 U.S.C. Section 1983 and Civil Rights Complaint Pursuant to Title 28 U.S.C. Section 1331
IM-AL-0001-0007.pdf | Detail
Date: 08/30/2004
Order Dismissing Plaintiff's claims [ECF# 19] (N.D. Ala.)
IM-AL-0001-0003.pdf | Detail
Date: 07/10/2006
Source: PACER [Public Access to Court Electronic Records]
Defendant's Objections to Plaintiff's Reply to Defendants' Response [ECF# 34-1]
IM-AL-0001-0004.pdf | Detail
Date: 11/20/2006
Order Dismissing Case [ECF# 37] (N.D. Ala.)
IM-AL-0001-0005.pdf | Detail
Date: 03/20/2007
Source: PACER [Public Access to Court Electronic Records]
Judges Davis, Harwell G. III (N.D. Ala.)
IM-AL-0001-0003
Propst, Robert Bruce (N.D. Ala.)
IM-AL-0001-0005
Defendant's Lawyers Bell, John C. (Alabama)
IM-AL-0001-9000
Johnson, Winthrop E. (Alabama)
IM-AL-0001-0004 | IM-AL-0001-9000
Masters, Daryl L. (Alabama)
IM-AL-0001-9000

- click to show/hide ALL -

new search
page permalink

- top of page -