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Case Name Kiniti v. Myers IM-CA-0026
Docket / Court 05cv1013 DMS (PCL) ( S.D. Cal. )
State/Territory California
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Immigrants' Rights Project
ACLU National (all projects)
ACLU National Prison Project
Case Summary
On May 9, 2005, an undocumented immigrant detained in the San Diego Correctional Facility (SDCF) filed a pro se lawsuit in the U.S. District Court for the Southern District of California, challenging his conditions of confinement. SDCF was a contract detention facility in Otay Mesa, California ... read more >
On May 9, 2005, an undocumented immigrant detained in the San Diego Correctional Facility (SDCF) filed a pro se lawsuit in the U.S. District Court for the Southern District of California, challenging his conditions of confinement. SDCF was a contract detention facility in Otay Mesa, California operated by Corrections Corporation of America, Inc. It housed civil immigration detainees in the custody of U.S. Immigration and Customs Enforcement (ICE), part of the U.S. Department of Homeland Security (DHS).

At first, the Court (Judge Dana M. Sabraw) summarily dismissed the complaint, but the plaintiff was granted leave to amend it.

Eventually, attorneys with the ACLU's National Prison Project and Immigrants' Rights Project, the ACLU of San Diego & Imperial Counties, and private firms agreed to represent the plaintiff. A Second Amended Complaint was filed in February, 2007 on behalf of the original plaintiff, several newly named individual plaintiffs, and a proposed class of over 1,000 immigrants detained at SDCF. ICE, the Corrections Corporation of America, and several of their respective agents were named as defendants. The Second Amended Complaint alleged unconstitutional and inhumane conditions which violated the Due Process Clause of the Fifth Amendment, including: severe overcrowding (use of triple-celling); denial of adequate shelter, reasonable safety, and basic human needs; exposure to respiratory and other infections; poor access to medical, mental health, and dental services; denial of exercise and dayroom space; and unsanitary shower and toilet facilities. Plaintiffs sought declaratory and injunctive relief, as well as class certification.

Defendants moved to dismiss the case for lack of subject matter jurisdiction.

On June 21, 2007, the Court issued an order granting in part and denying in part defendants' motions to dismiss. Claims of two named plaintiffs were dismissed as moot, as they had already been deported. The claims of the other three plaintiffs survived.

Judge Sabraw certified the case as a class action on behalf of immigrants detained at SDCF, over the objections and motions to reconsider by defendants. In her order denying reconsideration dated October 29, 2007, Judge Sabraw noted that the defendants "continue to assert triple celling is not unconstitutional, and continue to engage in other allegedly unconstitutional practices such as housing detainees in the common day room." Given those facts, the Court found that the plaintiffs had Article III standing and could pursue injunctive relief as a class.

On June 19, 2008, the parties filed a proposed settlement agreement with the court. On July 11, 2008, the district court administratively closed the case, and on August 20, 2008, the court approved the settlement. Some members of the plaintiff class appealed the settlement, and on December 3, 2008, the court of appeals dismissed the appeal.

Under the settlement, the defendants agreed that:
  • SDCF's population would not exceed its design capacity; and
  • The defendants would provide information about cell assignments to the plaintiffs.
The settlement expired on January 28, 2009. On that day, the parties filed a joint motion for dismissal, and the court dismissed the case with prejudice.

Kristen Sagar - 04/06/2009


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Substantive Due Process
Content of Injunction
Recordkeeping
Reporting
Defendant-type
Corrections
Law-enforcement
General
Conditions of confinement
Food service / nutrition / hydration
Neglect by staff
Recreation / Exercise
Sanitation / living conditions
Totality of conditions
Immigration/Border
Constitutional rights
Detention - conditions
Undocumented immigrants - rights and duties
Medical/Mental Health
Dental care
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Ex Parte Young (Federal) or Bivens
Defendant(s) Corrections Corporation of America, Inc. (CCA)
U.S. Department of Homeland Security (DHS)
U.S. Immigration and Customs Enforcement (ICE)
Warden
Plaintiff Description All immigration detainees in ICE custody who are now or in the future will be confined at San Diego Correctional Facility.
Indexed Lawyer Organizations ACLU Immigrants' Rights Project
ACLU National (all projects)
ACLU National Prison Project
Class action status sought Yes
Class action status granted Yes
Filed Pro Se Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2008 - 2009
Filed 05/09/2005
Case Closing Year 2009
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)
S.D. Cal.
02/20/2009
3:05-cv-01013-DMS-PCL
IM-CA-0026-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
S.D. Cal.
01/24/2007
[Proposed] Second Amended Complaint for Classwide Declaratory and Injunctive Relief [ECF# 35]
IM-CA-0026-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Cal.
01/24/2007
Motion for Leave to Amend the First Amended Complaint and Add Parties [ECF# 35]
IM-CA-0026-0004.pdf | Detail
S.D. Cal.
01/24/2007
Memorandum of Points and Authorities in Support of Motion for Class Certification Under the [Proposed] Second Amended Complaint [ECF# 36]
IM-CA-0026-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Cal.
02/27/2007
Order Granting Plaintiff’s Motion to Amend First Amended Complaint and Add Parties [ECF# 56]
IM-CA-0026-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Cal.
05/04/2007
Notice of Motion and Motion to Dismiss [ECF# 75]
IM-CA-0026-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Cal.
05/04/2007
Memorandum of Points and Authorities in Support of Defendants’ Motion to Dismiss [ECF# 75]
IM-CA-0026-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Cal.
06/21/2007
Order Granting-In-Part And Denying-In-Part Motions To Dismiss Second Amended Complaint [ECF# 96]
IM-CA-0026-0007.pdf | Detail
S.D. Cal.
08/17/2007
Order Granting Motion For Class Certification [ECF# 112]
IM-CA-0026-0008.pdf | Detail
S.D. Cal.
10/29/2007
Order Denying Motion For Reconsideration And Clarifying Order Granting Class Certification [ECF# 133]
IM-CA-0026-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
S.D. Cal.
06/04/2008
Settlement Agreement [ECF# 146-2]
IM-CA-0026-0010.pdf | External Link | Detail
Source: ACLU National Prison Project
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Judges Lewis, Peter C. (S.D. Cal.) show/hide docs
IM-CA-0026-0007 | IM-CA-0026-0008 | IM-CA-0026-0009 | IM-CA-0026-9000
Sabraw, Dana Makoto (S.D. Cal.) show/hide docs
IM-CA-0026-0003 | IM-CA-0026-0007 | IM-CA-0026-0008 | IM-CA-0026-0009 | IM-CA-0026-9000
Plaintiff's Lawyers Bhat, Ghouri (Texas) show/hide docs
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Fathi, David Cyrus (District of Columbia) show/hide docs
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Jawetz, Tom-Tsvi M. (District of Columbia) show/hide docs
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Kelley, Mary Kathryn (California) show/hide docs
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Love, Rachel (Arizona) show/hide docs
IM-CA-0026-0010
Loy, John David (California) show/hide docs
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Rabinovitz, Judy (New York) show/hide docs
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-9000
Ramírez, Mónica M. (California) show/hide docs
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004
Stiegler, Anthony Michael (California) show/hide docs
IM-CA-0026-0001 | IM-CA-0026-0002 | IM-CA-0026-0004 | IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Defendant's Lawyers Cipriani, Cindy M. (California) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006
Go, Samuel P. (District of Columbia) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Halvorson, Rachel Love (Arizona) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Hewitt, Karen P. (California) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006
Katsas, Gregory George (District of Columbia) show/hide docs
IM-CA-0026-0010
Keisler, Peter D. (District of Columbia) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006
Lawrence, Victor M. (District of Columbia) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Monks, David B. (California) show/hide docs
IM-CA-0026-0006 | IM-CA-0026-9000
Shelton, Micaela P. (California) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Stahl, Thomas C. (California) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Struck, Daniel Patrick (Arizona) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-0010 | IM-CA-0026-9000
Stuart, Christopher G. (Arizona) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000
Yurk, Russell R. (Arizona) show/hide docs
IM-CA-0026-0005 | IM-CA-0026-0006 | IM-CA-0026-9000

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