Case: Tungwarara v. United States

3:04-cv-02144 | U.S. District Court for the Northern District of California

Filed Date: June 1, 2004

Closed Date: 2006

Clearinghouse coding complete

Case Summary

On June 1, 2004, Plaintiff, a citizen of Zimbabwe, filed suit against the United States and an individual immigration officer in the United States District Court for the Northern District of California, claiming violations of U.S. Constitutional law and various state laws resulting from her arrest, detention and subsequent return to Zimbabwe, without regard to her her asylum status.The Plaintiff had a pending application for derivative asylum status based on her mother's application. Her mother…

On June 1, 2004, Plaintiff, a citizen of Zimbabwe, filed suit against the United States and an individual immigration officer in the United States District Court for the Northern District of California, claiming violations of U.S. Constitutional law and various state laws resulting from her arrest, detention and subsequent return to Zimbabwe, without regard to her her asylum status.

The Plaintiff had a pending application for derivative asylum status based on her mother's application. Her mother and younger sister fled Zimbabwe due to their fear of reprisal arising out her mother's political activites. In January 2002, she flew to San Francisico to visit her mother. Upon arrival, she was arrested, interrogated, strip-searched, jailed, subjected to demeaning and offensive statemements about her nationality, and not permitted to see her family, all without regard to her asylum status.

On April 12, 2006, the parties agreed to a settlement, approved and entered by the Court, pursuant to which defendants paid plaintiff $65,000.00.

Plaintiff was released only when a family friend purchased a return ticket and she flew back to Zimbabwe.

Summary Authors

Denise Heberle (3/20/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5724678/parties/tungwarara-v-united-states-of-america/


Judge(s)

Laporte, Elizabeth D. (California)

Attorney for Plaintiff

Harper, Patrice Nicole (California)

Hwang, Philip Kim (California)

Attorney for Defendant

Cheng, Andrew Y. S. (California)

Dowling, Katherine Burke (California)

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Documents in the Clearinghouse

Document

3:04-cv-02144

Docket (PACER)

Tungwarara v. United States Of America

June 21, 2006

June 21, 2006

Docket
1

3:04-cv-02144

Complaint

June 1, 2004

June 1, 2004

Complaint
65

3:04-cv-02144

Order Granting Defendant Alfert Ludwigs' Motion for Summary Judgment

Oct. 13, 2005

Oct. 13, 2005

Order/Opinion

400 F.Supp.2d 400

103

3:04-cv-02144

Stipulation and Agreement of Compromise and Settlement and Order

April 12, 2006

April 12, 2006

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5724678/tungwarara-v-united-states-of-america/

Last updated Feb. 9, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Alfert Ludwigs, United States Of America (Filing fee $ 150.). Filed by Tsungai Tungwarara. (mmt, COURT STAFF) (Filed on 6/1/2004) Additional attachment(s) added on 6/2/2004 (mmt, COURT STAFF). (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

2

NOTICE of Related Cases 00-2555 EDL, 01-3683 MJJ, 03-4538 EDL (mmt, COURT STAFF) (Filed on 6/1/2004) Additional attachment(s) added on 6/2/2004 (mmt, COURT STAFF). (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

3

ADR SCHEDULING ORDER: Case Management Statement due by 8/27/2004. Case Management Conference set for 9/3/2004 08:30 AM. (Attachments: # 1 standing orders# 2 special notice)(mmt, COURT STAFF) (Filed on 6/1/2004) (Entered: 06/02/2004)

June 1, 2004

June 1, 2004

5

RELATED CASE ORDER Signed by Mag. Judge Elizabeth D. Laporte RELATING CASE To C-00-2555-EDL, C-01-3683-EDL & C-03-4538-EDL & REASSIGNING CASE to Judge Elizabeth D. Laporte for all further proceedings. Judge Charles R. Breyer no longer assigned to the case. (tn, COURT STAFF) (Filed on 7/14/2004) Additional attachment(s) added on 7/16/2004 (tn, COURT STAFF). (Entered: 07/16/2004)

July 14, 2004

July 14, 2004

6

SUMMONS Returned Executed by Tsungai Tungwarara. Alfert Ludwigs served on 6/19/2004, answer due 8/18/2004; United States of America served on 6/16/2004, answer due 8/16/2004. (mmt, COURT STAFF) (Filed on 7/20/2004) (Entered: 07/26/2004)

July 20, 2004

July 20, 2004

7

ORDER: Initial Case Management Conference set for 9/7/2004 10:00 AM; case management statement due 8/31/2004; consent or declination due 8/24/2004. Signed by Judge Laporte on 7/26/04. (drk, COURT STAFF) (Filed on 7/26/2004) (Entered: 07/26/2004)

July 26, 2004

July 26, 2004

8

MOTION to Dismiss FEDERAL DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS (F.R.C.P. 12(B)(6)) filed by United States of America. Motion Hearing set for 9/21/2004 09:00 AM. (Cheng, Andrew) (Filed on 8/13/2004) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

9

Proposed Order re 8 [PROPOSED] ORDER GRANTING MOTION TO DISMISS (F.R.C.P. 12(B)(6)) by United States of America. (Cheng, Andrew) (Filed on 8/13/2004) (Entered: 08/13/2004)

Aug. 13, 2004

Aug. 13, 2004

10

CONSENT to Proceed Before a US Magistrate Judge by United States of America.. (Cheng, Andrew) (Filed on 8/16/2004) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

11

MOTION to Amend/Correct 8 MOTION to Dismiss FEDERAL DEFENDANTS' NOTICE OF MOTION AND MOTION TO DISMISS (F.R.C.P. 12(B)(6)) ALFERT LUDWIGS' NOTICE OF MOTION AND MOTION TO DISMISS (F.R.C.P. 12(B)(6)) filed by United States of America. Motion Hearing set for 9/21/2004 09:00 AM. (Cheng, Andrew) (Filed on 8/16/2004) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

12

Proposed Order re 11 [PROPOSED] ORDER GRANTING MOTION TO DISMISS (F.R.C.P. 12(B)(6)) by United States of America. (Cheng, Andrew) (Filed on 8/16/2004) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

14

CONSENT to Proceed Before a US Magistrate Judge by Tsungai Tungwarara.. (Schoenberg, Anthony) (Filed on 8/16/2004) (Entered: 08/16/2004)

Aug. 16, 2004

Aug. 16, 2004

15

Notice of Withdrawal of Motion re 11 ALFERT LUDWIGS' NOTICE OF WITHDRAWAL OF MOTION TO DISMISS filed by United States of America. (Cheng, Andrew) (Filed on 8/23/2004) (Entered: 08/23/2004)

Aug. 23, 2004

Aug. 23, 2004

16

STIPULATION and Proposed Order selecting Mediation by United States of America STIPULATION SELECTING ADR PROCESS [ADR L.R. 3-5] ADR CERTIFICATION (Cheng, Andrew) (Filed on 8/30/2004) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

17

JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by Alfert Ludwigs, Tsungai Tungwarara, United States of America. (Attachments: # 1 Proposed Order [Proposed] Case Management Order)(Schoenberg, Anthony) (Filed on 8/30/2004) (Entered: 08/30/2004)

Aug. 30, 2004

Aug. 30, 2004

18

Minute Entry: Initial Case Management Conference held on 9/7/2004 before Mag. Judge Laporte (Date Filed: 9/7/2004). Case Management Statement due by 11/8/2004. Case Management Conference set for 11/16/2004 03:00 PM. (Digitally recorded.)(drk, COURT STAFF) (Date Filed: 9/7/2004) (Entered: 09/07/2004)

Sept. 7, 2004

Sept. 7, 2004

19

ORDER FOLLOWING CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Elizabeth D. Laporte on September 10, 2004. (edllc2, COURT STAFF) (Filed on 9/10/2004) (Entered: 09/10/2004)

Sept. 10, 2004

Sept. 10, 2004

20

STIPULATION and Proposed Order to Continue Case Management Conference by United States of America. (Cheng, Andrew) (Filed on 10/19/2004) (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

21

*** FILED IN ERROR. NO NEW DOCUMENT. *** MOTION to Compel Further Responses to Third Set of Special Interrogatories and Deem Requests for Admission Admitted and Defendant's Amended Motion filed by United States of America. Motion Hearing set for 11/30/2004 02:00 PM. (Cheng, Andrew) (Filed on 10/19/2004) Modified on 10/20/2004 (br, COURT STAFF). (Entered: 10/19/2004)

Oct. 19, 2004

Oct. 19, 2004

22

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Elizabeth D. Laporte on October 25, 2004. (edllc2, COURT STAFF) (Filed on 10/25/2004) (Entered: 10/25/2004)

Oct. 25, 2004

Oct. 25, 2004

23

JOINT CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by United States of America. (Cheng, Andrew) (Filed on 11/19/2004) (Entered: 11/19/2004)

Nov. 19, 2004

Nov. 19, 2004

24

Minute Entry: Further Case Management Conference held on 11/30/2004 before Mag. Judge Laporte (Date Filed: 12/2/2004), Case referred to mediation. Further Case Management Conference set for 4/26/2005 10:00 AM.(FTR recording.)(drk, COURT STAFF) (Date Filed: 12/2/2004) (Entered: 12/02/2004)

Dec. 2, 2004

Dec. 2, 2004

25

CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 4/18/2005. Case Management Conference set for 4/26/2005 10:00 AM. Jury Trial set for 7/25/2005 08:30 AM. Motion Hearing set for 4/26/2005 09:00 AM. Motions due by 3/22/2005. Pretrial Conference set for 7/5/2005 02:00 PM. Signed by Judge Mag. Judge Laporte on 12/1/05. (drk, COURT STAFF) (Filed on 12/3/2004) (Entered: 12/03/2004)

Dec. 3, 2004

Dec. 3, 2004

ADR Remark: ADR Phone Conference on 11/24/2004 not held. Parties stipulated to mediation. (af, COURT STAFF) (Filed on 12/6/2004) (Entered: 12/06/2004)

Dec. 6, 2004

Dec. 6, 2004

26

ADR Clerk's Notice Appointing Luella E. Nelson as Mediator dated 12/14/2004. (af, COURT STAFF) (Filed on 12/14/2004) (Entered: 12/14/2004)

Dec. 14, 2004

Dec. 14, 2004

Pre MED phone conference: Mediator will call parties in the next few days to determine availability for the phone conference which she hopes to conduct before 12/23/04. (af, COURT STAFF) (Filed on 12/15/2004) (Entered: 12/15/2004)

Dec. 15, 2004

Dec. 15, 2004

27

ORDER SETTING SETTLEMENT CONF FOR APRIL 13, 2005 AT 10:00 AM.Signed by Judge HON. MARIA-ELENA JAMES on 1/19/05. (bjt, COURT STAFF) (Filed on 1/19/2005) (Entered: 01/19/2005)

Jan. 19, 2005

Jan. 19, 2005

28

CLERK'S NOTICE RESCHEDULING FURTHER CASE MANAGEMENT CONFERENCE Further Case Management Conference set for 3/1/2005 10:00 AM. Case Management Statement due by 2/22/2005. (nah, COURT STAFF) (Filed on 2/9/2005) (Entered: 02/09/2005)

Feb. 9, 2005

Feb. 9, 2005

29

JOINT CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by United States of America. (Cheng, Andrew) (Filed on 2/18/2005) (Entered: 02/18/2005)

Feb. 18, 2005

Feb. 18, 2005

30

Minute Entry: Further Case Management Conference held on 3/1/2005 before Elizabeth D. Lapaorte. Parties shall meet and confer regarding proposed pretrial and trial dates by 3/4/05. (Date Filed: 3/1/2005). (Tape #FTR Digital Recorder.) (lh, COURT STAFF) (Date Filed: 3/1/2005) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

31

ORDER FOLLOWING FURTHER CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Elizabeth D. Laporte on March 1, 2005. (edllc2, COURT STAFF) (Filed on 3/1/2005) (Entered: 03/01/2005)

March 1, 2005

March 1, 2005

32

STIPULATION Joint Stipulation and [Proposed] Order by United States of America. (Cheng, Andrew) (Filed on 3/3/2005) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

33

STIPULATION AND ORDER SETTING PRETRIAL AND TRIAL DATES. Signed by Magistrate Judge Elizabeth D. Laporte on March 3, 2005. (edllc2, COURT STAFF) (Filed on 3/3/2005) (Entered: 03/03/2005)

March 3, 2005

March 3, 2005

34

STIPULATION and Proposed Order re Confidentiality by Tsungai Tungwarara, United States of America, Alfert Ludwigs. (Schoenberg, Anthony) (Filed on 3/18/2005) (Entered: 03/18/2005)

March 18, 2005

March 18, 2005

36

Letter from Andrew Y.S. Cheng. (Cheng, Andrew) (Filed on 3/22/2005) (Entered: 03/22/2005)

March 22, 2005

March 22, 2005

37

ORDER EXCUSING PERSONAL ATTENDANCE AT SETTLEMENT CONFERENCE re 36 Letter filed by United States of America,. Signed by Judge Maria-Elena James on 3/28/2005. (mejlc1, COURT STAFF) (Filed on 3/28/2005) (Entered: 03/28/2005)

March 28, 2005

March 28, 2005

38

ORDER withdrawing referral of this case to the ADR Department for Mediation. Signed by Magistrate Judge Elizabeth D. Laporte on March 29, 2005. (edllc2, COURT STAFF) (Filed on 3/29/2005) (Entered: 03/29/2005)

March 29, 2005

March 29, 2005

39

Minute Entry: Settlement Conference Held before Hon. Maria-Elena James (Date Filed: 4/13/2005). Further Settlement Conference set for 7/6/2005 10:00 AM. (bjt, COURT STAFF) (Date Filed: 4/13/2005) (Entered: 04/13/2005)

April 13, 2005

April 13, 2005

40

ORDER RE SETTLEMENT CONFERENCE; ORDER SCHEDULING FURTHER SETTLEMENT CONFERENCE FOR JULY 6, 2005; ORDER FOR PLAINTIFF TO PERSONALLY APPEAR ON JULY 6, 2005 FOR THE SETTLEMENT CONFERENCE. Signed by Judge Maria-Elena James on April 14, 2005. (mejlc2, COURT STAFF) (Filed on 4/14/2005) (Entered: 04/14/2005)

April 14, 2005

April 14, 2005

41

Defendant Alfert O. Ludwigs' ANSWER to Complaint byAlfert Ludwigs. (Cheng, Andrew) (Filed on 5/23/2005) (Entered: 05/23/2005)

May 23, 2005

May 23, 2005

42

CERTIFICATE OF SERVICE by Tsungai Tungwarara Original Subpoena to North County Jail w/Proof of Service (Harper, Patrice) (Filed on 5/31/2005) (Entered: 05/31/2005)

May 31, 2005

May 31, 2005

43

Minute Entry: Settlement Conference Held and continued to October 5, 2005 at 10:00 am. (Date Filed: 7/6/2005). () (bjt, COURT STAFF) (Date Filed: 7/6/2005) (Entered: 07/06/2005)

July 6, 2005

July 6, 2005

47

MANUAL FILING NOTIFICATION Filed by Federal Defendants United States of America & Alfert Ludwigs. (tn, COURT STAFF) (Filed on 7/7/2005) (Entered: 07/11/2005)

July 7, 2005

July 7, 2005

44

MOTION for Summary Judgment Defendant Alfert Ludwigs' Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion filed by United States of America. Motion Hearing set for 8/16/2005 09:00 AM in Courtroom E, 15th Floor, San Francisco. (Cheng, Andrew) (Filed on 7/8/2005) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

45

Declaration of Andrew Y.S. Cheng in Support of 44 MOTION for Summary Judgment Defendant Alfert Ludwigs' Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion filed byUnited States of America. (Attachments: # 1 Manual Filing Notification)(Related document(s)44) (Cheng, Andrew) (Filed on 7/8/2005) (Entered: 07/08/2005)

July 8, 2005

July 8, 2005

48

STIPULATION Joint Stipulation and [Proposed] Order by United States of America, Alfert Ludwigs. (Cheng, Andrew) (Filed on 7/19/2005) (Entered: 07/19/2005)

July 19, 2005

July 19, 2005

49

MOTION to Stay Federal Defendant's Notice of Motion and Motion for Stay of Action Because of Pending Supreme Court Decision filed by United States of America. Motion Hearing set for 8/30/2005 09:00 AM in Courtroom E, 15th Floor, San Francisco. (Cheng, Andrew) (Filed on 7/21/2005) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

50

Declaration of Andrew Y.S. Cheng in Support of 49 MOTION to Stay Federal Defendant's Notice of Motion and Motion for Stay of Action Because of Pending Supreme Court Decision filed byUnited States of America. (Attachments: # 1 # 2 # 3 Exhibit)(Related document(s)49) (Cheng, Andrew) (Filed on 7/21/2005) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

51

Proposed Order re 49 MOTION to Stay Federal Defendant's Notice of Motion and Motion for Stay of Action Because of Pending Supreme Court Decision by United States of America. (Cheng, Andrew) (Filed on 7/21/2005) (Entered: 07/21/2005)

July 21, 2005

July 21, 2005

52

STIPULATION AND ORDER as modified. Signed by Magistrate Judge Elizabeth D. Laporte on July 26, 2005. (edllc1, COURT STAFF) (Filed on 7/26/2005)

July 26, 2005

July 26, 2005

RECAP
53

Memorandum in Opposition re 49 MOTION to Stay Federal Defendant's Notice of Motion and Motion for Stay of Action Because of Pending Supreme Court Decision filed byTsungai Tungwarara. (Sloss, Robert) (Filed on 8/9/2005) (Entered: 08/09/2005)

Aug. 9, 2005

Aug. 9, 2005

54

Memorandum in Opposition re 44 MOTION for Summary Judgment Defendant Alfert Ludwigs' Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion filed byTsungai Tungwarara. (Harper, Patrice) (Filed on 8/12/2005) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

55

Declaration of Patrice N. Harper in Support of 54 Memorandum in Opposition, filed byTsungai Tungwarara. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13)(Related document(s)54) (Harper, Patrice) (Filed on 8/12/2005) (Entered: 08/12/2005)

Aug. 12, 2005

Aug. 12, 2005

56

Reply Memorandum Federal Defendants' Reply Brief in Support of Motion to Stay filed byUnited States of America. (Cheng, Andrew) (Filed on 8/16/2005) (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

57

REPLY DECLARATION of Andrew Y.S. Cheng in Support of Federal Defendants' Motion for Stay of Action Filed byUnited States of America. (Cheng, Andrew) (Filed on 8/16/2005) Modified on 8/23/2005 (tn, COURT STAFF). (Entered: 08/16/2005)

Aug. 16, 2005

Aug. 16, 2005

58

Reply Memorandum Reply Brief in Support of Alfert Ludwigs' Motion for Summary Judgment filed byUnited States of America. (Cheng, Andrew) (Filed on 8/26/2005) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

59

Declaration of Andrew Y.S. Cheng in Support of 58 Reply Memorandum Reply Declaration of Andrew Y.S. Cheng in Support of Alfert Ludwigs' Motion for Summary Judgment filed byUnited States of America. (Attachments: # 1 Exhibit A through D)(Related document(s)58) (Cheng, Andrew) (Filed on 8/26/2005) (Entered: 08/26/2005)

Aug. 26, 2005

Aug. 26, 2005

60

Minute Entry: Hearing held on 8/30/2005 before Elizabeth D. Laporte re Federal Defendant's Motion for Stay of Action 49.(Court Reporter Peppina Thompson) (lh, COURT STAFF) (Date Filed: 8/30/2005) (Entered: 08/30/2005)

Aug. 30, 2005

Aug. 30, 2005

61

ORDER by Magistrate Judge Elizabeth D. Laporte denying 49 Motion to Stay without prejudice (edllc1, COURT STAFF) (Filed on 9/1/2005)

Sept. 1, 2005

Sept. 1, 2005

RECAP
62

EXHIBITS re 54 Memorandum in Opposition,, 55 Declaration in Support, AMENDED Exhibit #10 to Harper Declaration in Opposition to Ludwig's Motion for Summary Judgment [includes p. 4] filed byTsungai Tungwarara. (Related document(s)54, 55) (Schoenberg, Anthony) (Filed on 9/13/2005) (Entered: 09/13/2005)

Sept. 13, 2005

Sept. 13, 2005

63

Minute Entry: Hearing held on 9/13/2005 before Elizabeth D. Laporte on Defendant Alfert Ludwigs' Motion for Summary Judgment 44. (Court Reporter Joan Columbini) (lh, COURT STAFF) (Date Filed: 9/14/2005) (Entered: 09/14/2005)

Sept. 14, 2005

Sept. 14, 2005

64

Letter from Andrew Y.S. Cheng. (Cheng, Andrew) (Filed on 9/20/2005) (Entered: 09/20/2005)

Sept. 20, 2005

Sept. 20, 2005

65

ORDER by Magistrate Judge Elizabeth D. Laporte granting 44 Motion for Summary Judgment (edllc2, COURT STAFF) (Filed on 10/13/2005)

Oct. 13, 2005

Oct. 13, 2005

RECAP
66

STIPULATION Joint Stipulation and [Proposed] Order by United States of America. (Cheng, Andrew) (Filed on 10/17/2005) (Entered: 10/17/2005)

Oct. 17, 2005

Oct. 17, 2005

67

ORDER RESCHEDULING THE NOVEMBER 22, 2005, FURTHER SETTLEMENT CONFERENCE TONOVEMBER 21, 2005, AT 10:00 A.M.. Signed by Judge Maria-Elena James on 10/19/2005. (mejlc2, COURT STAFF) (Filed on 10/19/2005)

Oct. 19, 2005

Oct. 19, 2005

RECAP
68

STIPULATION Revised Joint Stipulation and [Proposed] Order by United States of America. (Cheng, Andrew) (Filed on 10/20/2005) (Entered: 10/20/2005)

Oct. 20, 2005

Oct. 20, 2005

69

***FILED IN ERROR. PLEASE SEE DOCKET # 70 *** STIPULATION AND ORDER. Signed by Magistrate Judge Elizabeth D. Laporte on October 24, 2005. (edllc1, COURT STAFF) (Filed on 10/24/2005) Modified on 10/24/2005 (edllc1, COURT STAFF).

Oct. 24, 2005

Oct. 24, 2005

RECAP
70

STIPULATION AND ORDER. Signed by Magistrate Judge Elizabeth D. Laporte on October 24, 2005. (edllc1, COURT STAFF) (Filed on 10/24/2005) CORRECTION OF DOCKET # 69

Oct. 24, 2005

Oct. 24, 2005

RECAP
71

LETTER from Assistant U.S. Attorney Andrew Y.S. Cheng, dated 11/8/05 to Mag. Judge James regarding continuation of settlement conference until after the Court's decision on the motion for summary judgment scheduled for 11/21/05 at 10:00 a.m.. (tn, COURT STAFF) (Filed on 11/8/2005) Additional attachment(s) added on 11/14/2005 (tn, COURT STAFF). (Entered: 11/10/2005)

Nov. 8, 2005

Nov. 8, 2005

72

MOTION for Summary Judgment Federal Defendant's Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion filed by United States of America. Motion Hearing set for 2/7/2006 09:00 AM in Courtroom E, 15th Floor, San Francisco. (Cheng, Andrew) (Filed on 1/3/2006) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

73

Declaration of Andrew Y.S. Cheng in Support of 72 MOTION for Summary Judgment Federal Defendant's Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion filed byUnited States of America. (Attachments: # 1 Exhibit A# 2 Exhibit B - C# 3 Exhibit D - G# 4 Exhibit H - I)(Related document(s)72) (Cheng, Andrew) (Filed on 1/3/2006) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

74

Declaration of John Frederick Ho in Support of 72 MOTION for Summary Judgment Federal Defendant's Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion filed byUnited States of America. (Related document(s)72) (Cheng, Andrew) (Filed on 1/3/2006) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

75

Proposed Order re 72 MOTION for Summary Judgment Federal Defendant's Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion [Proposed] Order Granting Motion for Summary Judgment by United States of America. (Cheng, Andrew) (Filed on 1/3/2006) (Entered: 01/03/2006)

Jan. 3, 2006

Jan. 3, 2006

76

RE-NOTICE of Motion Hearing re 72 to 2/14/06 at 9:00 a.m. Filed by United States of America... Federal Defendant's Amended Notice of Motion for Summary Judgment (Cheng, Andrew)...(Filed on 1/4/2006) Modified on 1/6/2006 (tn, COURT STAFF). (Entered: 01/04/2006)

Jan. 4, 2006

Jan. 4, 2006

77

NOTICE by United States of America of Association of Counsel (Dowling, Katherine) (Filed on 1/20/2006) (Entered: 01/20/2006)

Jan. 20, 2006

Jan. 20, 2006

78

Memorandum in Opposition re 72 MOTION for Summary Judgment Federal Defendant's Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support of Motion : Memorandum of Points and Authorities filed byTsungai Tungwarara. (Schoenberg, Anthony) (Filed on 1/24/2006) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

79

Declaration of Anthony P. Schoenberg in Support of Plaintiff's Opposition to Federal Defendant's Motion for Summary Judgment filed byTsungai Tungwarara. (Attachments: # 1 Exhibit Exhibit A (Tungwarara Deposition)# 2 Exhibit Exhibit B (Virimayi Tungwarara Deposition)# 3 Exhibit Exhibit C (Rutendo Tungwarara Deposition)# 4 Exhibit Exhibit D (Brown Deposition)# 5 Exhibit Exhibit E (Ludwigs Deposition)# 6 Exhibit Exhibit F (Aron Deposition)# 7 Exhibit Exhibit G (Order - Doc 65)# 8 Exhibit Exhibit H (Ramirez Deposition)# 9 Exhibit Exhibit I (LinaresDeposition)# 10 Exhibit Exhibit J (Lau Deposition)# 11 Exhibit Exhibit K (Alcantar Deposition)# 12 Exhibit Exhibit L (Inspector's Guide - Doc 55 pp3-4)# 13 Exhibit Exhibit M (Humanizing Immigration... - Doc 55 p2)# 14 Exhibit Exhibit N (Memo for District Directors 09-29-00))(Schoenberg, Anthony) (Filed on 1/24/2006) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

80

Proposed Order re 78 Memorandum in Opposition, Denying Defendants' Motion for Summary Judgment 72 by Tsungai Tungwarara. (Schoenberg, Anthony) (Filed on 1/24/2006) (Entered: 01/24/2006)

Jan. 24, 2006

Jan. 24, 2006

81

Reply Memorandum Federal Defendant's Reply Brief in Support of Motion for Summary Judgment filed byUnited States of America. (Cheng, Andrew) (Filed on 1/31/2006) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

82

Declaration of Andrew Y.S. Cheng in Support of 81 Reply Memorandum Reply Declaration of Andrew Y.S. Cheng in Support of Federal Defendant's Motion for Summary Judgment filed byUnited States of America. (Attachments: # 1 Exhibit A# 2 Exhibit B - C# 3 Exhibit D - E# 4 Exhibit F - G)(Related document(s)81) (Cheng, Andrew) (Filed on 1/31/2006) (Entered: 01/31/2006)

Jan. 31, 2006

Jan. 31, 2006

83

EX-PARTE MOTION Seeking Court's Approval to File Additional Authority . Filed by Federal Defendant United States of America. (Attachments: # 1 Exhibit A)(Cheng, Andrew)...(Filed on 2/8/2006) Modified on 2/13/2006 (tn, COURT STAFF). (Entered: 02/08/2006)

Feb. 8, 2006

Feb. 8, 2006

84

STIPULATION Joint Stipulation and [Proposed] Order by United States of America. (Cheng, Andrew) (Filed on 2/9/2006) (Entered: 02/09/2006)

Feb. 9, 2006

Feb. 9, 2006

85

ORDER granting Defendant's ex parte motion seeking Court's approval to file additional authority. Signed by Magistrate Judge Elizabeth D. Laporte on February 13, 2006. (edllc1, COURT STAFF) (Filed on 2/13/2006)

Feb. 13, 2006

Feb. 13, 2006

RECAP
86

Ex Parte Application re 79 Declaration in Support,,, Ex Parte Application Seeking Court's Approval to File Supplemental Declaration filed by Tsungai Tungwarara. Motion Hearing set for 2/14/2006 09:00 AM in Courtroom E, 15th Floor, San Francisco. (Attachments: # 1 Exhibit 1: Supplemental Declaration of Anthony P. Schoenberg in Opposition to Federal Defendants' Motion for Summary Judgment# 2 Exhibit A to Supplemental Declaration of Anthony P. Schoenberg# 3 Exhibit B to Supplemental Declaration of Anthony P. Schoenberg# 4 Exhibit C to Supplemental Declaration of Anthony P. Schoenberg# 5 Proposed Order Proposed Order Granting ex Parte Motion Seeking Court's Approval to File Supplemental Declaration)(Schoenberg, Anthony) (Filed on 2/13/2006) (Entered: 02/13/2006)

Feb. 13, 2006

Feb. 13, 2006

90

STIPULATION AND ORDER re 84 . Last day to file all pretrial papers is 3/17/2006. Last day to file oppositions is 3/22/2006. Parties are referred for a final settlement conference to occur before 3/17/2006. Pretrial Conference set for 3/31/2006 01:30 PM. Bench Trial set for 4/10/2006 in Courtroom E, 15th Floor, San Francisco.Signed by Judge Elizabeth D. Laporte on 2/14/06. (lh, COURT STAFF) (Filed on 2/14/2006)

Feb. 14, 2006

Feb. 14, 2006

RECAP
87

NOTICE by United States of America Defendant's Ex Parte Motion Seeking Court's Approval to File Additional Deposition Testimony of Lamont Hicks (Cheng, Andrew) (Filed on 2/14/2006) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

88

Reply Memorandum Reply Declaration of Andrew Y.S. Cheng in Support of Federal Defendant's Motion for Summary Judgment filed byUnited States of America. (Attachments: # 1 Exhibit A)(Cheng, Andrew) (Filed on 2/14/2006) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

89

Minute Entry: Hearing held on 2/14/2006 before Elizabeth D. Laporte re Defendant's Motion for Summary Judgment 72. Court sets further briefing schedule. Plaintiff's Ex Parte Application to File Supplemental Declaration 86 - Granted. Matter referred for a settlement conference to be completed by 3/17/06. (Court Reporter Juanita Gonzalez) (lh, COURT STAFF) (Date Filed: 2/14/2006) (Entered: 02/14/2006)

Feb. 14, 2006

Feb. 14, 2006

92

ORDER granting Defendant's ex parte motion to file additional deposition testimony. Signed by Magistrate Judge Elizabeth D. Laporte on February 15, 2006. (edllc1, COURT STAFF) (Filed on 2/15/2006)

Feb. 15, 2006

Feb. 15, 2006

RECAP
91

ORDER by Magistrate Judge Elizabeth D. Laporte granting 86 Ex Parte Application to file supplemental declaration (edllc1, COURT STAFF) (Filed on 2/15/2006) (Entered: 02/15/2006)

Feb. 15, 2006

Feb. 15, 2006

93

Declaration of Andrew Y.S. Cheng Supplemental Declaration of Andrew Y.S. Cheng in Support of Federal Defendant's Motion for Summary Judgment filed byUnited States of America. (Attachments: # 1 Exhibit A)(Cheng, Andrew) (Filed on 2/17/2006) (Entered: 02/17/2006)

Feb. 17, 2006

Feb. 17, 2006

94

Brief re 89 Motion Hearing, Plaintiff's Supplemental Brief Regarding Federal Defendant's Motion for Summary Judgment filed byTsungai Tungwarara. (Related document(s)89) (Schoenberg, Anthony) (Filed on 2/21/2006) (Entered: 02/21/2006)

Feb. 21, 2006

Feb. 21, 2006

95

REPORTER'S TRANSCRIPT of Proceedings Held on 2/14/2006 before Mag. Judge Elizabeth D. Laporte - [Court Reporter: Juanita Gonzalez]. (tn, COURT STAFF) (Filed on 2/21/2006) (Entered: 02/22/2006)

Feb. 21, 2006

Feb. 21, 2006

96

CLERK'S NOTICE Settlement Conference set for 3/2/2006 02:30 PM. (Attachments: # 1) (wdblc2, COURT STAFF) (Filed on 2/23/2006) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

CASE REFERRED to Magistrate Judge Wayne D. Brazil for Settlement (wh, COURT STAFF) (Filed on 2/24/2006) (Entered: 02/24/2006)

Feb. 24, 2006

Feb. 24, 2006

97

Reply Memorandum Federal Defendant's Supplemental Brief in Support of Motion for Summary Judgment filed byUnited States of America. (Cheng, Andrew) (Filed on 2/27/2006) (Entered: 02/27/2006)

Feb. 27, 2006

Feb. 27, 2006

98

Minute Entry: Settlement Conference (Date Filed: 3/2/2006). (Not reported.) (wdblc1, COURT STAFF) (Date Filed: 3/2/2006) (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

99

Plaintiff's SUPPLEMENTAL REPLY BRIEF in Opposition to Federal Defendant's Motion for Summary Judgment Filed by Plaintiff Tsungai Tungwarara. (Schoenberg, Anthony) (Filed on 3/3/2006)... Modified on 3/8/2006 (tn, COURT STAFF). (Entered: 03/03/2006)

March 3, 2006

March 3, 2006

100

NOTICE of Settlement by United States of America (Cheng, Andrew) (Filed on 3/6/2006) (Entered: 03/06/2006)

March 6, 2006

March 6, 2006

101

ORDER continuing trial date in light of reported settlement. Signed by Magistrate Judge Elizabeth D. Laporte on March 7, 2006. (edllc1, COURT STAFF) (Filed on 3/7/2006)

March 7, 2006

March 7, 2006

RECAP

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Strip Search Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: June 1, 2004

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

18-year-old female citizen of Zimbabwe who arrived at San Francisco International Airport seeking derivative asylum status (which was approved in 2003), and who was detained, strip-searched, and ultimately forced to return to Zimbabwe the next day.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

United States Immigration and Naturalization Service, Federal

United States of America (Washington), Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Classification / placement

Over/Unlawful Detention

Search policies

Strip search policy

Discrimination-basis:

Race discrimination

Affected Sex or Gender:

Female

Type of Facility:

Government-run