Lopez-Aguilar v. Marion Cnty. Sheriff's Dep't

296 F. Supp. 3d 959
CourtDistrict Court, S.D. Indiana
DecidedNovember 7, 2017
DocketNo. 1:16–cv–02457–SEB–TAB
StatusPublished
Cited by17 cases

This text of 296 F. Supp. 3d 959 (Lopez-Aguilar v. Marion Cnty. Sheriff's Dep't) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lopez-Aguilar v. Marion Cnty. Sheriff's Dep't, 296 F. Supp. 3d 959 (S.D. Ind. 2017).

Opinion

SARAH EVANS BARKER, JUDGE

Plaintiff Antonio Lopez-Aguilar ("Lopez-Aguilar") brought a Fourth Amendment claim for unlawful seizure under 42 U.S.C. § 1983 against the Marion County Sheriff's Department, the Marion County Sheriff, and a Sheriff's Department sergeant (together, "Marion County") arising from Lopez-Aguilar's detention in 2015 by Marion County, allegedly under a detention request or "immigration detainer" issued by U.S. Immigrations and Customs Enforcement (ICE).

Before the Court is a Stipulated Final Judgment and Order for Permanent Injunction submitted by the parties for approval ("the Stipulated Judgment"). The Stipulated Judgment is for declaratory and injunctive relief, specifically, for a declaration that Marion County's compliance with ICE detainers and immigration-court removal orders without criminal probable *964cause violates the Fourth Amendment, and for a permanent injunction enjoining Marion County from complying with ICE detainers and immigration-court removal orders without criminal probable cause.

The United States has filed a Statement of Interest1 in opposition to the Stipulated Judgment. Each party has now filed a response. After due consideration, we find the Stipulated Judgment warrants this Court's approval.

Factual and Procedural History

Lopez-Aguilar's Complaint alleges the following.2 Lopez-Aguilar lives in Allen County, Indiana. Pl.'s Compl. (Dkt. 1) ¶ 8. On September 18, 2014, Lopez-Aguilar came to Indianapolis, Marion County, Indiana, to attend a hearing in Marion Superior Court on a criminal misdemeanor charge of driving without a license. Id. ¶ 12. Lopez-Aguilar was represented by counsel at the hearing. Id. ¶ 13.

Upon arriving at the courthouse in Indianapolis, Lopez-Aguilar and his lawyer were informed that an ICE officer had visited the courthouse earlier that day inquiring about Lopez-Aguilar. Id. Lopez-Aguilar was thereafter taken into custody by "Davis," id. ¶ 15, a sergeant of the Marion County Sheriff's Department. Id. ¶ 11. Davis put Lopez-Aguilar in "a locked, secure prisoner holding area." Id. ¶ 15. Sometime later (Lopez-Aguilar does not allege how long he was detained after arriving at the courthouse), Lopez-Aguilar appeared before the court and "resolve[d]" his misdemeanor charge. Id. Though the precise disposition of that offense is not alleged, it did not result in Lopez-Aguilar's incarceration or in "a court order requiring his incarceration." Id. ¶ 16.

Following the hearing, Davis again took Lopez-Aguilar into custody, informing him that he would be held until he could be transferred to ICE's custody. Id. ¶ 17. Lopez-Aguilar was transported directly to the Marion County jail and held there until the next day, September 19, 2014, when he was transferred to ICE's custody. Id. ¶ 23. Lopez-Aguilar was not charged with any crime nor taken before any judicial officer, id. ¶ 18, and Marion County had no independent cause to seize or hold Lopez-Aguilar. Id. ¶ 19. Sometime after ICE took custody of him (Lopez-Aguilar does not allege precisely when), ICE released Lopez-Aguilar on his own recognizance. Id. ¶ 23. An "immigration case" of unspecified character was pending against him at the time his complaint was filed. Id.

After Lopez-Aguilar was taken into custody the second time, Lopez-Aguilar's lawyer complained to Davis and other Marion County officers, including the Marion County Sheriff. Id. ¶ 20. That evening, September 18, 2014, a lawyer for Marion County called Lopez-Aguilar's lawyer and said that Lopez-Aguilar would be held in the county jail until he could be transferred to ICE's custody. Id. ¶ 21. Lopez-Aguilar believes that the Marion County lawyer "spoke with the knowledge of, at the behest of, and on behalf of" the Marion County Sheriff.

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Bluebook (online)
296 F. Supp. 3d 959, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lopez-aguilar-v-marion-cnty-sheriffs-dept-insd-2017.