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Case 6:19-cv-00904-AA Document 1 Filed 06/10/19 Page 1 of 4

David Henretty, OSB 031870


dhenretty@oregonlawcenter.org
OREGON LAW CENTER
522 SW Fifth Ave., Suite 812
Portland, OR 97204
Tel: (503) 473-8684

Bill Niese, OSB 081087


bniese@oregonlawcenter.org
OREGON LAW CENTER
455 S. Fourth Street, Suite 5
Coos Bay, OR 97420
Tel: (541) 269-2616

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

IRENE LOPEZ-FLORES,
Case No.
Plaintiff,
COMPLAINT
vs.
(Civil Rights: Unlawful Seizure)
DOUGLAS COUNTY, and
JOHN HANLIN, sheriff of Douglas 42 U.S.C. § 1983
County, in his official capacity,
DEMAND FOR JURY TRIAL
Defendants.

I. NATURE OF THE ACTION

1. This is a civil rights action based on an unlawful arrest and detention. Defendants

Douglas County and John Hanlin have a practice of seizing and detaining persons at the request

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Case 6:19-cv-00904-AA Document 1 Filed 06/10/19 Page 2 of 4

of U.S. Immigration Customs and Enforcement (“ICE”), regardless of whether they have

probable cause to believe those persons have committed a crime or are subject to a judicial

warrant for their arrest. Plaintiff Irene Lopez-Flores is a victim of that practice who was detained

by Defendants at Douglas County’s jail despite the fact that bail had been posted on her behalf

and she was entitled to release. She seeks damages pursuant to 42 U.S.C. § 1983 for Defendants’

violation of her rights under the Fourth and Fourteenth Amendments, and an award of attorney

fees pursuant to 42 U.S.C. § 1988.

II. JURISDICTION AND VENUE

2. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343, as

Plaintiff’s claims arise under the Fourth and Fourteenth Amendments to the United States

Constitution and Plaintiff seeks remedies authorized by 42 U.S.C. § 1983.

3. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(1), because Defendants

reside in this District and all of the events giving rise to these claims occurred here.

III. PARTIES

4. At all relevant times, Plaintiff was a resident of Oregon.

5. Defendant Douglas County (“Defendant County”) is a municipality and political

subdivision of the State of Oregon.

6. Defendant John Hanlin is the sheriff of Douglas County (“Defendant Sheriff”).

IV. FACTUAL ALLEGATIONS

7. Defendant County operates the Douglas County Jail in Roseburg, Oregon.

8. Defendant Sheriff has custody and control of all persons confined in the Douglas County

Jail and is responsible for the day-to-day operations of the Douglas County Jail.

9. On or about December4, 2017, plaintiff was lodged in the Douglas County Jail based on

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Case 6:19-cv-00904-AA Document 1 Filed 06/10/19 Page 3 of 4

a probable cause arrest for alleged violations of Oregon law.

10. On December 5, 2017, ICE sent an immigration detainer (Form I-247) relating to plaintiff

to the Douglas County Jail/Sheriff’s Office.

11. The immigration detainer requested that the Douglas County Jail/sheriff notify ICE “as

early as practicable . . . before [plaintiff] is released from [the Douglas County Jail/sheriff’s]

custody.” The detainer also requested that the Douglas County Jail/sheriff “maintain custody of

[plaintiff] for a period not to exceed 48 hours beyond the time when [she] would have otherwise

been released from your custody to allow [the U.S. Department of Homeland Security] to assume

custody.” The detainer was not accompanied by a warrant signed by a judge or magistrate or any

other document giving Defendants authority to maintain custody of the plaintiff beyond the time

when she would be entitled to release on her local charges.

12. On December 5, 2017, plaintiff was arraigned on the alleged violations of Oregon law,

and Douglas Circuit Court set bail in the amount of $15,000.

13. By 10:15 a.m., on December 7, 2017, plaintiff had posted bail and was entitled to release

on the alleged violations of Oregon law.

14. Based on information and belief, Defendants notified ICE on December 7, 2017, that

plaintiff had posted bail.

15. Defendants delayed plaintiff’s release after she had posted bail and was entitled to release

to allow ICE to assume custody of plaintiff.

16. Defendants continued to maintain custody of plaintiff solely based on the immigration

detainer until 12:30 p.m., on December 7, 2017.

17. Defendants have a policy, practice, or custom of detaining inmates, solely due to the

existence of an immigration detainer and notwithstanding that bail had been set by the state trial

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Case 6:19-cv-00904-AA Document 1 Filed 06/10/19 Page 4 of 4

court, who would otherwise be released because they posted bail, or have otherwise resolved

their criminal charges and are entitled to release.

18. Because of Defendants’ unlawful actions, plaintiff has suffered loss of liberty, loss of

enjoyment of life, humiliation, mental suffering, emotional distress, stress, and other non-

economic losses in an amount to be determined at the time of trial.

V. CLAIM FOR RELIEF

Fourth Amendment (Unlawful Seizure): 42 U.S.C. §1983

19. Defendants continued to detain plaintiff without any basis in state law after her criminal

matter had been resolved and solely on the basis of the immigration detainer, thus depriving her

of her liberty.

VI. PRAYER FOR RELIEF

WHEREFORE, plaintiff respectfully requests that the Court grant her the following

relief:

1. Her compensatory damages in an amount to be determined at the time of trial;

2. Her costs and attorney fees pursuant to 42 U.S.C. § 1988; and

3. Such other and further relief as this Court deems just and proper.

Plaintiff demands a jury trial.

DATED this 10th day of June, 2019.

OREGON LAW CENTER


s/David Henretty
David Henretty, OSB 03187
(503) 473-8684
Of Attorneys for Plaintiff

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Case 6:19-cv-00904-AA Document 1-1 Filed 06/10/19 Page 1 of 1

JS 44 (Rev 02/19) CIVIL COVER SHEET


Th!l JS 44 civil cover sheet a nd the mronnnllon contained herein neither replace nor supplement the riling and . ervice of pleadings or other f!itpers as required by law, except as
provided by local ruleo of court. ·mis form, arproved by the Judicial Conference of the United . tales in Septemb r 1974, is required for the use of the Clerk of Court for the
purpose or initia t i!lg the c ivil doc~et sheel (.)/;/:' INS11WC110NS ON N/iXI" PAG!i OF 1H!S FOllM.)
I. (a) PLAINTIFFS DEFENDANTS
Irene Lopez-Flores Douglas County and John Hanlin

(b) County of Residence of First Listed Plaintiff _D_o_u_g~l_a_s________ County of Residence of First Listed Defehdant Douglas
~~~~~~~~~~~~~

(HXC 'EPT JN 11.S. l'l.AINT/!'1:' CASI~'>) (IN 11.S. PIAJNJJFFC:ASHS ONLY)


NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED

( C) Allorncys {1'1rm Name, , 11/drcs?, and TclcP.}wne Number) Attome 5 (I Known)


David Henretty, Oregon Law 1...enter, 522 SW 5th Ave., Ste 812, Not known
Portland, OR 97204, 503-473-8684; Bill Niese, Oregon Law Center, 455
S. 4th St., Ste 5, Coos Bay, OR 97420, 541-269-2616

II. BASIS OF JURISDICTION (Placea11 "X"in011eHoxo111yJ III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Hoxfor l'laintiJJ
(For /Jil'er.1-ity Ca.,e.1· Only) and One !Joxjur Defendant)
0 I U.S Government ~ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U..\'. (Tuw1r11ment Not a Party) Citizen of This State 0 I 0 Incorporated or Ptincipai Place 0 4 0 4
of Business [n This State

0 2 U S. Govemment 0 4 Diversity Citizen of Another State 0 2 0 2 lnc01porated a11d Principal Place 0 5 0 5


Defendant (lndiwte Citize11ship ofl'arlie., i11 Item lll) of Business In Another State

Citizen 01 Subject ofa 0 3 0 3 Foreign Nation 0 6 0 6


F'orci 'n rounl
IV. NATURE OF SUIT fl'lot·ran "X" i11011elioxo11Jy) Click here for: Nature of Suit Code Dcscrmtions.
I CONTRACT TORTS FORJ'lln"UR E/l' ENAt.:fY llAN l<IUJ PTC\' 01'm:n STNnr n :s I
0 I I0 Insurance PERSONAL INJURY PERSONAL INJURY 0 625 Drng Related Seizuie 0 422 Appeal 28 USC 158 0 375 False Claims Act
0 120 Marine 0 3 I 0 Airplane 0 365 Personal Injury - of P1 operty 21 USC 88 I 0 423 Withdrawal 0 376 Qui Tam (31 USC
0 I 30 Miller Act 0 3 I 5 Airplane Product Product Liability 0 690 Othel' 28 USC 157 3729(a))
0 140 Negotiable lnshument Liability 0 367 Health Caie/ 0 400 State Reapportionment
0 I 50 Recovery of Ove1 payment 0 320 Assault, Libel & Phannaceutical PRO l' ElffV JU C'll l'l'S 0 410 Antin·ust
& Enforcement of Jud11menl Slander Peisonal Injury 0 820 Copyrights 0 430 Banks and Banking
0 t51 Medica1e Act 0 330 Federal Employe1s' Product Liability 0 830 Patent 0 450 Comme1ce
0 I 52 Recovery of Defaulted Liability 0 368 Asbestos Personal 0 835 Patent - Abbreviated 0 460 Depm1ation
Student Loans 0 340 Marine Injury Product New Drug Application 0 470 Racketee.-lnflucnced and
(Excludes Vete1'ans) 0 345 Marine Product Liability 0 840 Trademark Corrnpt Organizations
0 153 Recovery ofOve1payment Liability PERSONAL PROPERTY I ADOR SOCIA i . s~: cllRJ1"V 0 480 Consumer Credit
ofVetc1an ' s Benefits 0 350 Motor Vehicle 0 3 70 Other Frand 0 710 Fair Labor Standards 0 861 HIA (1395fl) 0 485 Telephone Consume•
0 160 Stockholde1s' Suits 0 355 Motor Vehicle 0 371 Truth in Lending Act 0 862 Black Lung (923) Protection Act
0 190 Other Contiaet Product Liability 0 380 Other Personal 0 720 Labor/Management 0 863 DlWC/DlWW (405(g)) 0 490 Cable/Sat TV
0 195 Conllact P1oduct Liability 0 360 Othel' Personal Property Damage Relalions 0 864 SSID Title XVI 0 850 Secul'ities/Commodities/
0 196 F1anchise Injury 0 385 P1ope11y Damage 0 740 Railway Labor Act 0 865 RSI (405(g)) Exchange
0 362 Pe1sonal lnjwy - P1oduct Liability 0 751 Family and Medical 0 890 Otl1er Statuto1y Actions
Medical Malo• act ice Leave Act 0 891 Agricultural Acts
I REA i , PROPF.Rl"V CIVIL RIGHTS l"' R ISONICR PETITIONS 0 790 Other Labor Litigation FEllERAL TAX SUITS 0 893 Envi1onmental Matteis
0 210 Land Condemnation t:ii: 440 Other Civil Rights Habeas Corpus: 0 791 Employee Reti1ement 0 870 Taxes (U.S Plaintiff 0 895 Freedom oflnfonnation
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee Income Security Act or Defendant) Act
0 230 Rent Lease & Ejectment 0 442 Employment 0 5 I 0 Motions to Vacate 0 871 !RS- Third Party 0 896 Arbitiation
0 240 To11s to Land 0 443 Housing/ Sentence 26 USC 7609 0 899 Administrative Procedu!'e
0 245 Tort Product Liability Accommodations 0 530 Geneial Act/Review or• Appeal of
0 290 All Othe1 Real Property 0 445 Amer. w/Disabilities - 0 535 Death Penalty IMMIGRATION Agency Decision
Employment Other: 0 462 Naturalization Application 0 950 Constitutionality of
0 446 Amer. w/Disabilities - 0 540 Mandamus & Othe1 0 465 Othe1• Immigration State Statutes
Other 0 550 Civil Rights Actions
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee -
Conditions of
Confinement

V. ORIGIN (!'lace an "X" in One Box Only)


~l Origi tml 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidislrict
Proceeding Slate ourt Appellate Court Reopened Another District Litigation - Litigation -
(.11:R'l'IJ.v. Transfer Direct File
ilc the U .S . Civil Statute under which you are filing (/Jo not cite jurisdictional statutes u11le.,,1· diversity):
42 USC 1983
VI. CAUSE OF ACTION 1-B-r-ie-f-de-s-cr-ip-tt-.o-n_o_f<-
:u-u-se-:------------------------------------
Fourth Amendment claim for unlawful detention
VII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND$ CHECK YES only if demanded in complaint:

COMPLAINT: UNDER RULE 23, FR Cv .P JURY DEMAND: M Yes ONo

VIII. RELATED CASE(S)


(._<,'ee im·truC'lions):
IF ANY JUDGE NIA DOCKET NUMBER NIA
DATE SIGNATURE OF ATTORNEY OF RECORD
0611012019 s/David Henretty
FOR OFFICE USE ONLY

RECEIPT# AMOUNT APPL YING IFP JUDGE MAG.JUDGE


Case 6:19-cv-00904-AA Document 1-2 Filed 06/10/19 Page 1 of 4

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

IRENE LOPEZ-FLORES )
)
)
)
Plaintijf(s) )
)
v. Civil Action No.
)
DOUGLAS COUNTY, and )
JOHN HANLIN, sheriff of Douglas County, in his )
official capacity )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Douglas County, 1036 S.E. Douglas Ave., Roseburg, Oregon 97470

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: David Henretty
Oregon Law Center
522 SW Fifth Ave., Suite 812
Portland, OR 97204

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 6:19-cv-00904-AA Document 1-2 Filed 06/10/19 Page 2 of 4

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1))

This summons for (name of individual and title, if any)


was received by me on (date)

0 I personally served the summons on the individual at (place)


on (date) ; or

0 I left the summons at the individual's residence or usual place of abode with (name)

~~~~~~~~~~~~~~~~~~
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual's last known address; or

0 I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name oforganization)
on (date) ; or

0 I returned the summons unexecuted because ; or

0 Other (specify):

My fees are$ for travel and $ for services, for a total of$ 0.00

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:


Case 6:19-cv-00904-AA Document 1-2 Filed 06/10/19 Page 3 of 4

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES .DISTRICT COURT


for the

!RENE LOPEZ-FLORES )
)
)
)
Plaintiff(s) )
)
v. Civil Action No.
)
DOUGLAS COUNTY, and )
JOHN HANLIN, sheriff of Douglas County, in his )
official capacity )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) John Hanlin, Douglas County Sheriffs Office, 1036 SE Douglas Avenue, Roseburg,
Oregon 97470

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: David Henretty
Oregon Law Center
522 SW Fifth Ave., Suite 812
Portland, OR 97204

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Signature of Clerk or Deputy Clerk


Case 6:19-cv-00904-AA Document 1-2 Filed 06/10/19 Page 4 of 4

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (/))

This summons for (name of individual and title, if any)


was received by me on (date)

0 I personally served the summons on the individual at (place)


on (date) ; or

0 I left the summons at the individual's residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
~~~~~~~~~~~~~~~~~-

on (date) , and mailed a copy to the individual's last known address; or


~~~~~~~~

0 I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name oforganization)
on (date) ; or
~~~~~~~~~

0 I returned the summons unexecuted because ; or

0 Other (specify):

My fees are$ for travel and $ for services, for a total of$ 0.00

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc: