On August 27, 1991, five alien detainees brought a class action lawsuit in the U.S. District Court for the Northern District of Illinois, challenging the conditions of confinement in the INS' Chicago area detention system. Plaintiffs alleged that they were subjected to inhumane conditions and were denied access to legal materials and attorneys. They sought declaratory and injunctive relief, as well as class certification. Attorneys for the Mexican American Legal Defense & Educational Fund and the Legal Assistance Foundation of Chicago represented the plaintiff class.

On October 29, 1991 the plaintiffs moved for class certification, with the proposed class consisting of: all persons under the jurisdiction of the Chicago District Office of the INS who, on or after August 27, 1991, were or would be (1) awaiting deportation or exclusion hearings before the immigration court, awaiting administrative voluntary departure granted by the INS, or awaiting departure under a final order of deportation; and (2) detained in facilities operated by INS or in facilities operated by counties or municipalities in Illinois which had agreed with INS to confine persons under INS jurisdiction. The government defendants opposed class certification. The District Court (Judge James F. Holderman) certified the class by order dated February 7, 1992. Imasuen v. Moyer, 1992 U.S. Dist. LEXIS 1449 (N.D.Ill. 1992).

The Court urged the parties to discuss settlement, but negotiations failed to produce a resolution. Discovery and litigation proceeded, with the parties filing cross-motions for summary judgment in 1994 and 1995.

On August 22, 1995, the District Court (Judge Holderman) issued a memorandum opinion and order in which he denied defendants' as to plaintiffs' access to courts claim, but granted it as to all other claims. The Court again encouraged settlement talks. Several status conferences followed, until plaintiffs reached a settlement agreement with the Village of Brookfield in December, 2005. The terms of the agreement are unknown.

Discovery continued until Judge Holderman dismissed the remaining claims of unconstitutional denial of access to courts on May 6, 2006. The case was closed.

Miles Chan - 07/05/2007


compress summary