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Turner v Holder

Turner v Holder

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Published by Robert Wilonsky

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Published by: Robert Wilonsky on May 23, 2012
Copyright:Attribution Non-commercial

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04/12/2014

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Plaintiffs’ Original Complaint Page 1
IN THE UNITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISIONJOHNISA TURNER Individually and §JOHNISA TURNER as Next friend of §JAKADRIEN TURNER, a Minor, §§Plaintiff, §§v. § Civil Action No.: 4-10-CV-2683§UNITED STATES OF AMERICA, §ERIC H. HOLDER, JR., JUAN P. OSUNA §JANET NAPOLITANO, JOHN T. §MORTON, JAMES T. HAYES, JR., §KENNETH LANDGREBE and ICE DOES §§Defendants. §PLAINTIFFS’ ORIGINAL COMPLAINT
NOW COMES Plaintiffs, Johnisa Turner Individually and Johnisa Turner as NextFriend of Jakadrien Turner, a Minor, filing this, their Plaintiffs’ Original Complaint, andbrings this action against The United States of America, Eric H. Holder, Jr., Juan P.Osuna, Janet Napolitano, John T. Morton, James T. Hayes, Jr., Kenneth Landgrebe andICE Does, Individually and in their Official Capacity, who, jointly and severally, havedenied Plaintiffs their rights as guaranteed by the Constitution and laws of the UnitedStates of America and the State of Texas.
INTRODUCTION
1. This civil rights action seeks injunctive relief and compensatory andpunitive damages as a result of the wrongful and illegal detention and deportation of Plaintiff Jakadrien Turner, a 15-year-old minor United States citizen born and raised in
Case 4:12-cv-01570 Document 1 Filed in TXSD on 05/22/12 Page 1 of 20
 
Plaintiffs’ Original Complaint Page 2Dallas County, Texas. With ample evidence that Ms. Turner was a U.S. citizen, officialsfrom the Harris County Jail Detention Center referred her to ICE as a Columbian nationalunlawfully in the United States, despite the fact that Ms. Turner had never been toColumbia, shared no Columbian heritage and spoke no Spanish.2. Between or on or about April 6, 2011 and May 25, 2011 immigrationofficials and agents of the Houston, Texas District of the United States Immigration andCustoms Enforcement (“ICE”) Division, under the United States Department of Homeland Security (“DHS”), unlawfully detained Ms. Turner at the Houston ICEDetention Center in Houston, Texas. At no time did any Defendant ascertain the fact thatMs. Turner was a minor, and listed on the National Child Runaway list. ICE dismissed and/or failed to investigate Ms. Turner’s claims that she was a U.S. citizen. ICEultimately removed Ms. Turner to Bogotá, Columbia after a series of  administrativeremoval hearings in which she received no legal assistance.3. Ms. Turner’s illegal detention and deportation are the direct andforeseeable consequence of official policies, patterns, practices, and customs thatmanifest not only intentional discrimination based on race and ethnicity and a failure torecognize basic principles of due process, but also a reckless disregard for human life andliberty. Although the U.S. government has long been aware that its failure to implementdue process protections in its immigration detention and removal procedures results inunjust detention, unfair hearings and illegal deportations, neither the Department of Justice nor the Department of Homeland Security, immigration and CustomsEnforcement have rectified the shortcomings in their procedures and policies, leaving
Case 4:12-cv-01570 Document 1 Filed in TXSD on 05/22/12 Page 2 of 20
 
Plaintiffs’ Original Complaint Page 3U.S. citizens like Ms. Turner vulnerable to erroneous apprehension, detention anddeportation.4. The United States government lacks the authority to deport one of itscitizens. The Constitution vests certain rights in every individual born within our nationalborders, among these the right to live in this country. It is the obligation of thegovernment, both at the state and federal level, to protect the liberty and security of itscitizens. In this case, the government failed to protect Ms. Turner, and individuals wholacked the proper training and oversight violated Ms. Turner’s constitutional rights,causing Ms. Turner profound physical and psychological injuries.JURISDICTION AND VENUE
5.
 
This civil rights action is brought pursuant to,
inter alia,
the First, Fourth,Fifth and Fourteenth Amendments to the United States Constitution, 42 U.S.C. § 1983,the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671,
et seq.
and at law for relief from commission of tortuous acts. This Court has jurisdiction over federal claimspursuant to the constitutional provisions enumerated and 28 U.S.C. § 1331 and § 1343 (3)and (4), as they are brought to redress deprivations of rights privileges and immunitiessecured by the United States Constitution and by law. Jurisdiction is also proper pursuantto the Declaratory Judgment Act, 28 U.S.C. § 220 1(a) and 2202. This Court has jurisdiction over the supplemental state claims pursuant to 28 U.S.C. § 1367.
 
6. Venue is proper in the Southern District of Texas, under 28 U.S.C. §1391(b), in that Defendants are located in this state and district, and a substantial part of 
Case 4:12-cv-01570 Document 1 Filed in TXSD on 05/22/12 Page 3 of 20

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