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40 North Central Avenue, 19th FloorPhoenix, Arizona 85004-4429Telephone: (602) 262-5311Kristina N. Holmstrom, State Bar No. 023384Direct Dial: 602 262-5762Direct Fax: 602 734-3875EMail: KHolmstrom@LRLaw.comKirstin A. Story, State Bar No. 023485Direct Dial: (602) 262-5332Direct Fax: (602) 734-3797EMail: KStory@LRLaw.comDaniel Pochoda, State Bar No. 021979ACLU Foundation of Arizona3707 North 7th Street, Suite 235Phoenix, Arizona 85014Telephone: (602) 650-1854dpochoda@acluaz.orgAttorneys for Plaintiff Tanya Guzman-Martinez
UNITED STATES DISTRICT COURTDISTRICT OF ARIZONATANYA GUZMAN-MARTINEZ, a singlewoman,Plaintiff,vs.CORRECTIONS CORPORATION OFAMERICA, a Maryland corporation;CHUCK DeROSA, Corrections Corporationof America Eloy Detention Center Warden(EDC); T. MOHN, Corrections Corporationof America EDC Unit Manager; CAPTAINADAMS, Corrections Corporation of America EDC Detention Officer; JOHNDOE #1, Correction Corporation of AmericaEDC Sexual Abuse and Assault PreventionCoordinator; JUSTIN MANFORD, a singleman; CITY OF ELOY, a politicalsubdivision; JOHN DOE #2, City of EloyContracting Officer TechnicalRepresentative; KATRINA S. KANE,Immigration and Customs EnforcementField Office Director; EARL SCALET,Immigrations and Customs EnforcementAssistant Field Office Director; BOCAMPBELL, Immigration and CustomsEnforcement Supervisory Deportation andDetention Officer; MICHAEL LEAL,Immigration and Customs EnforcementDeportation Officer; JOHN DOE#3,Immigration and Customs EnforcementContracting Officer TechnicalRepresentative;Defendants.))))))))))))))))))))))))))))))))))))No.
COMPLAINT
2
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12345678910111213141516171819202122232425262728For her complaint, Tanya Guzman-Martinez makes the following allegations:
Introduction
1.
Plaintiff Tanya Guzman-Martinez is a transgender woman; her appearanceand behaviors are those of a woman. She has undergone surgical alterations to appearfeminine, and is taking hormones and estrogen to prepare for gender reassignmentsurgery.2.
In September 2009, Ms. Guzman-Martinez was placed in federal
immigration removal proceedings and detained at the Eloy Detention Center (“EDC”) in
Eloy, Arizona, from September 2009 until May 2010. She applied for asylum,withholding of removal and protection under the Convention Against Torture because of the past persecution she suffered and a well-founded fear of future persecution that shewould face in Mexico because of her gender identity.3.
EDC is maintained and operated by the private Corrections Corporation of America (
“CCA”)
to house immigration detainees based on
CCA’s contractual
agreementwith
the City of Eloy (“Eloy”)
to assume Eloy’s responsibilities in this area.
Eloy hadpreviously
contracted with Immigration and Customs Enforcement (“ICE”)
through anInter-
Governmental Service Agreement (“IGSA”)
to provide immigration detentionservices. ICE had continuing responsibilities to monitor the safety and well-being of detainees at EDC.4.
Because she demonstrated a well-founded fear of persecution in Mexico,Ms. Guzman-
Martinez’s application for withholding of removal was granted by the Eloy
Immigration Court on March 1, 2010. However, Ms. Guzman-Martinez had alreadysuffered and would continue to suffer persecution and harassment, insults, physicalabuse, and sexual assault at the hands of State and Federal defendants overseeing herdetention. These and more abuses were visited on Ms. Guzman-Martinez while detainedin the EDC awaiting a ruling on her application for asylum. Ms. Guzman-Martinezcontinued to suffer abuse after her application was granted and prior to her release.
3
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The failures of CCA, Eloy, and ICE personnel to properly train and monitorthe administrators and staff at EDC, to implement best practices for the housing of transgender detainees and to follow professional and agency standards, caused the seriousharms to Ms. Guzman-Martinez. Even after notice of ongoing harassment and a sexualassault on Ms. Guzman-Martinez, the CCA and ICE defendants did not take basic stepsto protect her physical safety and emotional well-being, and enforce existing legalrequirements and insulate her from male staff and detainees presenting threats. As aresult, Ms. Guzman-Martinez suffered continuing abuse until shortly before she wasreleased, including a second sexual assault.6.
This litigation is necessary to compensate Ms. Guzman-Martinez for theserious harms that resulted from D
efendants’ acts and failures to act, and to punish the
individual defendants for their knowing and reckless disregard for her rights and bodilyintegrity and deter such abuses for other transgender women detainees.
J
URISDICTION AND
V
ENUE
7.
This Action arises under the Constitution and laws of the United States andtherefore this Court has jurisdiction pursuant to Title 28, Sections 1331and 1343 of theUnited States Code and directly under the United States Constitution. This Court hassupplemental jurisdiction over the State law claims pursuant to Title 42, Section 1367(a).This Court has subject matter jurisdiction over the claims grounded in customaryinternational law under 28 U.S.C. § 1350.8.
This Court also has jurisdiction pursuant to Title 28, Section 1332 becausethe parties are completely diverse and the amount in controversy exceeds $75,000.9.
A substantial part of the events and omissions giving rise to this Actionoccurred in this judicial district, and therefore venue is proper in this Court pursuant toTitle 28, Section 1391(b) of the United States Code.
Parties
10.
Plaintiff Tanya Guzman-Martinez (aka Victor Guzman-Martinez) is aresident of Santa Clara County, California.
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