Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
Reid_Case_142 - Opinion & Order

Reid_Case_142 - Opinion & Order

Ratings: (0)|Views: 6 |Likes:
Published by Helen Bennett
Decision and order. For the Reid case
Decision and order. For the Reid case

More info:

Published by: Helen Bennett on May 28, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/29/2014

pdf

text

original

 
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS MARK ANTHONY REID, on) behalf of himself and others)similarly situated,) Plaintiff/Petitioner,)))v.) C.A. NO. 13-cv-30125-MAP)CHRISTOPHER DONELAN, Sheriff )of Franklin County, et al.,)Defendants/Respondents.) MEMORANDUM AND ORDER REGARDINGPLAINTIFF’S MOTION FOR NOTICE OF CLASS CERTIFICATION,PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION,DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT &PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT(Dkt. Nos. 95, 96, 117 & 123) May 27, 2014PONSOR, U.S.D.J.I.INTRODUCTIONPlaintiff Mark Anthony Reid has brought this suit on behalf of all aliens in Massachusetts who were or will bedetained under 8 U.S.C. § 1226(c) for over six months and not provided an individualized bail hearing. On January 9,2014, the court granted Plaintiff’s individual habeas petition and concluded that detention beyond six months,
Case 3:13-cv-30125-MAP Document 142 Filed 05/27/14 Page 1 of 25
 
-2-absent an individualized assessment, was presumptivelyunreasonable. Reid v. Donelan, –- F. Supp. 2d –-, 2014 WL105026 (D. Mass. Jan. 9, 2014)(“Reid I”). On February 10,2014, the court determined that the case could proceed as aclass action. Reid v. Donelan, 297 F.R.D. 185 (D. Mass.2014)(“Reid II”). Currently pending before the court arePlaintiff’s Motion for Notice of Class Certification (Dkt. No. 95), Plaintiff’s Motion for a Preliminary Injunction(Dkt. No. 96), and cross-motions for summary judgment (Dkt. Nos. 117 & 123).  As the curtain closes on this litigation, two issuesrequire examination. The penultimate question is whethereither party is entitled to summary judgment. The court,reaffirming its view that § 1226(c) includes a six-month“reasonableness” limitation on the length of no-baildetention, will formally award the class judgment as a matter of law. The more difficult issue is whether the class should receive permanent, equitable relief. That analysis requiresthe court to address three questions. Is a class-wideinjunction permissible? Is it proper? If so, what should 
Case 3:13-cv-30125-MAP Document 142 Filed 05/27/14 Page 2 of 25
 
-3-it include? Ultimately, because the court possessesjurisdiction to issue class-wide equitable relief and  because the relevant factors all suggest that such a remedyis appropriate, an order enjoining Defendants from applying§ 1226(c) to the class, detailed in the conclusion of this memorandum, will issue.II.BACKGROUNDPlaintiff, Mark Anthony Reid, represents a class ofaliens who were (or will be) detained under 8 U.S.C. §1226(c), were not provided an individualized bail hearing,and were in custody for over six months. The background ofthis litigation and the underlying statutory framework have previously been outlined in detail. See Reid v. Donelan, –-F. Supp. 2d –-, 2014 WL 105026 (D. Mass. Jan. 9, 2014)(“Reid I”). As a result, only a summary is required here. Plaintiff came to the United States in 1978 as a lawful permanent resident. He has since amassed a substantialcriminal history. In 2010, he was convicted of severalcrimes in Connecticut state court and was sentenced totwelve years in prison, to be suspended after five.On November 13, 2012, after serving two years, the
Case 3:13-cv-30125-MAP Document 142 Filed 05/27/14 Page 3 of 25

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->