Challenging Unconstitutional Conditions in CBP Detention Facilities

Challenging Unconstitutional Conditions in CBP Detention Facilities

Doe v. Johnson, No. 15-00250 (D. Ariz. filed June 8, 2015)

STATUS:
Pending

The American Immigration Council, the National Immigration Law Center, the ACLU of Arizona, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area, and Morrison & Foerster LLP filed a class-action lawsuit challenging detention conditions in U.S. Customs and Border Protection (CBP) detention facilities. The complaint alleges that Tucson Sector Border Patrol holds men, women, and children in freezing, overcrowded, and filthy cells for days at a time in violation of the U.S. Constitution. Detained individuals are stripped of outer layers of clothing and forced to suffer in brutally cold temperatures; deprived of beds, bedding, and sleep; denied adequate food, water, medicine and medical care, and basic sanitation and hygiene items such as soap, sufficient toilet paper, sanitary napkins, diapers, and showers; and held virtually incommunicado in these conditions for days.

Plaintiffs in the suit are two women detained in the Tucson Border Patrol Station as well as a Tucson man detained twice in that facility. All Plaintiffs consistently recount days of mistreatment and neglect during their time in Border Patrol holding cells; their accounts are fully consistent with dozens of former detainees interviewed prior to filing the suit.

The District Court granted Plaintiffs’ request for expedited discovery, certified a class consisting of all individuals who are or will be detained by the U.S. Border Patrol in the Tucson Sector, and granted Plaintiffs’ motion for a preliminary injunction. Among other things, the Court ordered Border Patrol to provide all class members detained for 12 or more hours with a mat to sleep on, supply sufficient toiletries and bathing wipes to all class members, and ensure that all were provided meals at regular intervals and clean drinking water.

Plaintiffs’ Partial Motion for Summary Judgment and motion to supplement the summary judgment evidence are pending.

Follow this case:

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