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Case Name Arias v. U.S. Immigration and Customs Enforcement IM-MN-0003
Docket / Court 0:07-cv-01959-ADM-JSM ( D. Minn. )
State/Territory Minnesota
Case Type(s) Immigration and/or the Border
Case Summary
On April 19, 2007, a group of Latino plaintiffs filed a lawsuit in the U.S. District Court for the District of Minnesota, challenging a series of raids by immigration agents of the U.S. Immigration and Customs Enforcement Division ("ICE") and local police officials in and around Willmar, Minnesota, ... read more >
On April 19, 2007, a group of Latino plaintiffs filed a lawsuit in the U.S. District Court for the District of Minnesota, challenging a series of raids by immigration agents of the U.S. Immigration and Customs Enforcement Division ("ICE") and local police officials in and around Willmar, Minnesota, between April 10 - 14, 2007. The plaintiffs sued ICE, the Department of Homeland Security (“DHS”), and various ICE and DHS officials and officers in their official capacity (“United States defendants”), various ICE and DHS agents and officers in their individual capacities (“Bivens defendants”), Willmar and Atwar police officers (“city defendants”), Kandiyohi County officers (“county officers”). Plaintiffs alleged that the raids, which were conducted pursuant to "Operation Crosscheck", were the calculated product of racial and ethnic profiling of Latinos and resulted in egregious violations of plaintiffs' Fourth, Fifth, Sixth, and Fourteenth Amendment Rights. Plaintiffs further alleged that defendants violated the Immigration and Nationality Act and the Immigration Reform and Immigrant Responsibility Act of 1996. In connection with the Complaint, plaintiffs requested a TRO to stop further unlawful raids and unconstitutional practices.

Following a hearing on April 26, 2007, the District Court (Judge Ann D. Montgomery) denied plaintiffs' request for a TRO.

Plaintiffs filed an amended complaint filed on June 25, 2007 and dropped class allegations. Each group of defendants responded by filing motions to dismiss. The United States defendants filed a motion to dismiss the case for lack of jurisdiction or, in the alternative, for failure to state a claim. The Bivens, city, and county defendants each responded by filing a motion for dismissal, or in the alternative for summary judgment. The county defendants further requested their case be severed.

On April 23, 2008, the court (Judge Ann D. Montgomery) granted the United States defendants' motion to dismiss in their official capacity. 2008 WL 1827604. The court granted the Bivens defendants' motion to dismiss with respect to removal-proceeding and removed plaintiffs, but denied the motion as to citizen plaintiffs and legal-noncitzen plaintiffs. The court also granted in part and denied in part the city defendants' motion, allowing the individual-capacity claims to go forward but dismissing the official capacity claims. Similarly, the court dismissed supervisory-liability claims against county defendants, but not the individual claims. The court postponed consideration of the motions for summary judgment, so plaintiffs could file an affidavit explaining the need for discovery to respond to the motions for summary judgment. On April 30, 2008, the plaintiffs filed a second amended complaint.

On May 16, 2008, the court denied the remaining defendants' motion for summary judgment. 2008 WL 1827604. The court found that the plaintiffs demonstrated a need for discovery to allow them to specify and support their claims because much of the relevant evidence was in defendants’ possession. The defendants argued they were entitled to qualified immunity, but the court noted that a limited amount of discovery is usually needed to determine if defendants acted objectively reasonably and if a right was clearly established before resolving qualified immunity on a motion for summary judgment.

Three of the Bivens defendants (the Assistant Secretary for DHS, the ICE Director of Detention and Removal, and an ICE Field Office Director) then requested leave to file a motion for reconsideration of the order denying summary judgment. They argued that they were not personally involved in the planning or execution of the rid and that discovery would result in costs qualified immunity was meant to prevent. The court denied their request for leave, but stayed the claims against them pending discovery from other parties on June 19, 2008. 2008 WL 11349709

The Bivens defendants serving in supervisory positions then appealed to the Eighth Circuit on June 20, 2008.

On October 1, 2008, the plaintiffs requested leave to file a fourth amended complaint to add class allegations against the remaining defendants and to add back in certain dismissed defendants. The court (Magistrate Judge Janie S. Mayeron) denied plaintiffs’ request to file an amended complaint because it would result in undue prejudice and delay on January 21, 2009. 2009 WL 10678149.

The parties continued to engage in limited discovery throughout the first half of 2009 and stipulated the dismissal of a number of plaintiffs. The Bivens and city defendants then once again each filed a motion to dismiss or for summary judgment in May 2009. At the time the court ruled on these motions, only three plaintiffs remained.

In July 2009, the court granted Bivens defendants' summary judgment motion except as to one claim for illegal entry against an ICE deportation officer. 2009 WL 2171037. The court found that each of the federal defendants that were in supervisory roles were entitled to qualified immunity because they were not present or engaged in the misconduct. The court also granted the city defendants motion for summary judgment, finding the officers were entitled to qualified immunity. The defendants’ interlocutory appeal was therefore moot.

On July 28, 2009, defendants filed a motion requesting sanctions against plaintiffs' attorneys. The court denied the motion on September 2, 2009. 2009 WL 2900315.

On January 29, 2010, the parties stipulated to dismiss the case. The case was dismissed on February 2, 2010. The case is closed.

Dan Dalton - 09/24/2007
Jennifer Bronson - 12/07/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Immigration/Border
Constitutional rights
Detention - conditions
Detention - criteria
Detention - procedures
ICE/DHS/INS raid
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Ex Parte Young (Federal) or Bivens
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Defendant(s) City of Atwater Police Department
City of Willmar Police Department
Department of Homeland Security
Kandiyohi County Sheriff’s Department,
U.S. Immigration and Customs Enforcement
Plaintiff Description Latino individuals subjected to raids and searches by agents of the United States Immigration and Customs Enforcement Division (“ICE”) of the Department of Homeland Security and local police in and around Willmar, Minnesota, between April 10 – 14, 2007.
Class action status sought No
Class action status granted Not sought
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None
Source of Relief None
Filed 04/19/2007
Case Closing Year 2010
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
D. Minn.
05/12/2010
0:07-cv-01959-ADM-JSM
IM-MN-0003-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Minn.
04/24/2007
Plaintiffs’ Amended Complaint for Declaratory and Injunctive Relief and Damages [ECF# 11-1]
IM-MN-0003-0001.pdf | Detail
D. Minn.
04/25/2007
Response of Federal Defendants [ECF# 14]
IM-MN-0003-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
07/27/2007
Plaintiffs' Amended Complaint for Declaratory and Injunctive Relief and Damages [ECF# 43]
IM-MN-0003-0003.pdf | Detail
D. Minn.
04/23/2008
Memorandum Opinion and Order [ECF# 100] (2008 WL 1827604)
IM-MN-0003-0007.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
04/30/2008
Plaintiffs' Second Amended Complaint for Declaratory and Injunctive Relief and Damages [ECF# 102]
IM-MN-0003-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
05/16/2008
Memorandum Opinion and Order [ECF# 105]
IM-MN-0003-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
06/19/2008
Memorandum Opinion and Order [ECF# 116] (2008 WL 11349709)
IM-MN-0003-0010.pdf | WESTLAW | Detail
Source: Westlaw
D. Minn.
01/21/2009
Memorandum [ECF# 163] (2009 WL 10678149)
IM-MN-0003-0012.pdf | WESTLAW | Detail
Source: Westlaw
D. Minn.
07/17/2009
Memorandum Opinion and Order [ECF# 210] (2009 WL 2171037)
IM-MN-0003-0011.pdf | WESTLAW | Detail
Source: Westlaw
D. Minn.
09/02/2009
Memorandum Opinion and Order [ECF# 225]
IM-MN-0003-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Minn.
11/24/2009
Order of Reentry [ECF# 233]
IM-MN-0003-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Mayeron, Janie S. (D. Minn.) show/hide docs
IM-MN-0003-0012 | IM-MN-0003-9000
Montgomery, Ann D. (D. Minn.) show/hide docs
IM-MN-0003-0004 | IM-MN-0003-0006 | IM-MN-0003-0007 | IM-MN-0003-0009 | IM-MN-0003-0010 | IM-MN-0003-0011 | IM-MN-0003-9000
Plaintiff's Lawyers Ebert, Matthew S (Minnesota) show/hide docs
IM-MN-0003-9000
Edin, Gloria Contreras (Minnesota) show/hide docs
IM-MN-0003-0003 | IM-MN-0003-0005 | IM-MN-0003-9000
Long, Robert C (Minnesota) show/hide docs
IM-MN-0003-0003 | IM-MN-0003-0005 | IM-MN-0003-9000
Shulman, Daniel R (Minnesota) show/hide docs
IM-MN-0003-0003 | IM-MN-0003-0005 | IM-MN-0003-9000
Stover, Jason J (Minnesota) show/hide docs
IM-MN-0003-9000
Thompson, Travis C (Minnesota) show/hide docs
IM-MN-0003-9000
Defendant's Lawyers Anderson, Scott T. (Minnesota) show/hide docs
IM-MN-0003-9000
Angolkar, Stephanie A. (Minnesota) show/hide docs
IM-MN-0003-9000
Benson, Erin E. (Minnesota) show/hide docs
IM-MN-0003-9000
Brooker, Gregory G (Minnesota) show/hide docs
IM-MN-0003-9000
Bryan, Lonnie F. (Minnesota) show/hide docs
IM-MN-0003-0002 | IM-MN-0003-9000
Goering, Ann R. (Minnesota) show/hide docs
IM-MN-0003-9000
Iverson, Jon K (Minnesota) show/hide docs
IM-MN-0003-9000
Juncaj, Gjon (District of Columbia) show/hide docs
IM-MN-0003-9000
Langel, Joseph J. (Minnesota) show/hide docs
IM-MN-0003-9000
Paulose, Rachel K (Minnesota) show/hide docs
IM-MN-0003-0002
Whitmore, Pamela Fisher (Minnesota) show/hide docs
IM-MN-0003-9000

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