Duncan Roy; Alain Martinez-Perez, on behalf of himself and others similarly situated; Annika Alliksoo, on behalf of herself and other similarly situated; Clemente De La Cerda, on behalf of himself and others similarly situated; and Christian Michel Varela, on behalf of himself and others similarly situated v. County of Los Angeles; Leroy D. Baca, Sheriff of Los Angeles County, in his official capacity
Published: Mar. 5, 2021 | Result Date: Nov. 20, 2020 | Filing Date: Oct. 19, 2012 |Case number: 2:12-cv-09012-AB-FFM Settlement – $14,000,000
Judge
Court
CD CA
Attorneys
Plaintiff
Barrett S. Litt
(McLane, Bednarski & Litt LLP)
Lindsay B. Battles
(McLane, Bednarski & Litt LLP)
Peter J. Eliasberg
(ACLU Foundation of Southern California)
Ahilan T. Arulanantham
(ACLU Foundation of Southern California)
Jennifer L. Pasquarella
(ACLU Foundation of Southern California)
Peter Bibring
(ACLU Foundation of Southern California)
Chris Newman
(National Day Laborer Organizing Network)
Cecilia D. Wang
(ACLU Immigrants' Rights Project)
Omar C. Jadwat
(American Civil Liberties Union Foundation)
Mark M. Fleming
(National Immigrant Justice Center)
Jessica K. Bansal
(ACLU of Southern California)
Defendant
Andrew P. Baum
(Glaser, Weil, Fink, Howard, Avchen & Shapiro LLP)
Paul B. Beach
(Lawrence, Beach, Allen & Choi PC)
Justin W. Clark
(Lawrence, Beach, Allen & Choi PC)
Jin S. Choi
(Lawrence, Beach, Allen & Choi PC)
Oscar A. Bustos
(Lawrence, Beach, Allen & Choi PC)
Facts
Alain Martinez-Perez and Clemente de la Cerda, former prisoners of the Los Angeles County Sheriff's Department, asserted claims against LASD concerning policies and practices related to immigration detainers issued by U.S. Immigration and Customs Enforcement, including LASD's practice of detaining pursuant to immigration detainers when they would otherwise be eligible for release on criminal matters. The action was filed on behalf of plaintiffs and a class of similarly situated inmates.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs contended that defendants held inmates on immigration detainers after they became due for release on criminal matters. Defendants also had a practice of incarcerating arrestees with bail of less than $25,000 who, in the absence of an immigration detainer, would have been released on their own recognizance. Defendants also did not accept bail on behalf of inmates with immigration detainers. Ultimately, defendants were liable for damages for violating several state and federal laws by conducting themselves as alleged by plaintiffs.
DEFENDANTS' CONTENTIONS: Defendants denied the contentions.
Result
After summary judgment was granted to Plaintiffs on their Fourth Amendment and Equal Protection claims, the parties attended mediation and settled for $14,000,000.
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