Case: A.I.I.L. v. Sessions

4:19-cv-00481 | U.S. District Court for the District of Arizona

Filed Date: Oct. 3, 2019

Case Ongoing

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Case Summary

On October 3, 2019, noncitizen children and their parents filed this class action in the U.S. District Court for the District of Arizona, challenging the Trump Administration's separation of asylum seeker families. The plaintiffs, represented by the ACLU Immigrant Rights Project, sued various personnel from five federal departments: the Department of Justice (DOJ), the White House, the Department of Homeland Security (DHS), the U.S. Department of Health and Human Services (HHS); and the Office …

The complaint alleged that defendants’ policy of separating children from their parents at the U.S. border caused irreparable psychological and physical damage to children and parents. Additionally, it was asserted that the practice was intended to inflict pain on immigrants both to induce the plaintiffs to abandon their asylum cases and to deter other immigrants from seeking asylum. It also stated that after children were separated, they were detained in punitive conditions and that the defendants failed to adequately track children so as to reunite children with their parents. The plaintiffs sought compensatory and punitive damages as well as the establishment of a recovery fund to provide health services. They also sought certification of two classes: (1) a class of all minor children who had arrived since 2017 and been separated from their parents by DHS or its agencies without a hearing demonstrating that a parent was unfit or dangerous to the child, and (2) a class of all parents of minor children subjected to the same separation with a hearing. The case was assigned to Judge James A. Soto.

The defendants filed a motion to dismiss for failure to state a claim and for lack of jurisdiction on February 14, 2020. That motion was denied on August 31, 2020, when the court concurrently granted plaintiffs' motion to amend their complaint. On September 3, 2020, plaintiffs filed their amended complaint, adding three claims against the United States under the Federal Tort Claims Act. These claims alleged intentional infliction of emotional distress, negligence, and loss of consortium and were brought individually by the plaintiffs rather than as a part of the class action allegations.

On November 13, 2020, the individual defendants re-filed a motion to dismiss for failure to state a claim upon which relief may be granted and lack of jurisdiction. On November 23, 2020, the United States did the same and additionally argued the venue was improper.

On May 20, 2021, the plaintiffs filed a motion to hold the action in abeyance due to settlement negotiations with the United States regarding their FTCA claims. The request was joined in by the United States, but was objected to by the individual defendants. The Court granted plaintiffs' motion, and the action was stayed for a period of 60 days beginning June 1, 2021. A second and third motions for abeyance were granted by the Court on August 16, 2021 and November 19, 2021 respectively. The stay was then lifted on January 7, 2022 due to settlement negotiations reaching an impasse.

The Court granted the individual defendants' motion to dismiss on March 31, 2022. The District Court determined that it lacked personal jurisdiction over the individual defendants, that the plaintiffs fail to state a cognizable Bivens claim against the individual defendants, and that qualified immunity bars the plaintiffs’ statutory claims. 2022 WL 992543.

On April 28, 2022, the United States filed a response to the plaintiffs' amended complaint. The parties then began discovery.

While discovery remained ongoing as to the FTCA claims, on July 15, 2022, the individual defendants filed a motion to enter a final judgment in accordance with Federal Rule 54(b) which grants courts the authority to enter a final judgment to fewer than all defendants if the court determines there is no just reason for delay. The Court denied the motion on March 31, 2023 due the individual defendants' involvement with the remaining FTCA claims as to the United States. 2023 WL 2734480.

Certain plaintiffs' injuries were soon found to have occurred in Texas, rather than Arizona. As such, the Court transferred the case as it pertained to two of the plaintiffs to the U.S. District Court for the Southern District of Texas (4:23-cv-01383).


4:19-cv-00481	Civil Docket for Case #: 4:19-cv-00481-JCH	Feb. 5, 2021	Feb. 5, 2021 Docket
1 4:19-cv-00481	Class Action Complaint	Oct. 3, 2019	Oct. 3, 2019 Complaint
41 4:19-cv-00481	First Amended Class Action Complaint	Sept. 3, 2020	Sept. 3, 2020 Complaint
77 4:19-cv-00481	Order	March 31, 2022	March 31, 2022 Order/Opinion 2022 WL 992543
111 4:19-cv-00481	Order A.I.I.L. v. Unknown Parties	March 31, 2023	March 31, 2023 Order/Opinion 2023 WL 2734480

ECF Number	Date	Description	Link
1	Oct. 3, 2019	COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17474464 filed by L.L.H.O., A.I.I.L., J.L.V.A., J.I.S., J.J.P.B.. (Lieberman, Martin) (Attachments: # 1 Civil Cover Sheet)(ARC) (Entered: 10/03/2019) 1 Civil Cover Sheet View on RECAP	Clearinghouse
2	Oct. 3, 2019	MOTION to Proceed Using Initials and Pseudonyms by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Lieberman, Martin) (Attachments: # 1 Text of Proposed Order)(ARC) (Entered: 10/03/2019) 1 Text of Proposed Order View on PACER	RECAP
3	Oct. 3, 2019	Filing fee paid, receipt number 0970-17474464. This case has been assigned to the Honorable James A Soto. All future pleadings or documents should bear the correct case number: CV-19-481-TUC-JAS. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (ARC) (Entered: 10/03/2019)	RECAP
4	Oct. 3, 2019	NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ARC) (Entered: 10/03/2019)	RECAP
5	Oct. 8, 2019	SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons Alex Azar, Secretary of the US Dept. of HHS, # 2 Summons L. Francis Cissna, Former Director of USCIS, # 3 Summons Gene Hamilton, Counselor to the Attorney General, # 4 Summons John F. Kelly, Former White House Chief of Staff and former DHS Secretary, # 5 Summons E. Scott Lloyd, Former Director of the US Office of Refugee Resettlement, # 6 Summons Kevin K. McAleenan, Acting Secretary of DHS and former Commissioner of CBP, # 7 Summons Michael Bailey, US Attorney's Office, # 8 Summons Stephen Miller, Senior Advisor to the President, # 9 Summons Mark Morgan, Acting Commissioner of CBP, # 10 Summons Kirstjen Nielsen, Former Secretary of DHS, # 11 Summons Carla Provost, Chief of CBP US Border Control, # 12 Summons Jefferson Beauregard Sessions, Former Attorney General of the United States, # 13 Summons USA, Attorney General of the United States, # 14 Summons Ronald D. Vitiello, Former Director of ICE)(Lieberman, Martin) (Entered: 10/08/2019) 1 Summons Alex Azar, Secretary of the US Dept. of HHS View on PACER 6 Summons Kevin K. McAleenan, Acting Secretary of DHS and former Commissioner of C View on PACER 7 Summons Michael Bailey, US Attorney's Office View on PACER 9 Summons Mark Morgan, Acting Commissioner of CBP View on PACER 11 Summons Carla Provost, Chief of CBP US Border Control View on PACER 13 Summons USA, Attorney General of the United States View on PACER	RECAP
6	Oct. 9, 2019	Summons Issued as to Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(LML) (Entered: 10/09/2019) 5 Summons View on PACER 6 Summons View on PACER 8 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 13 Summons View on PACER 14 Summons View on PACER	RECAP
	Oct. 9, 2019	Remark re Pro Hac Vice Motion
	Oct. 9, 2019	Remark: Pro hac vice motion(s) granted for Lee Gelernt on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
7	Oct. 11, 2019	Summons Reissued as to Mark Morgan to include Seal of the Clerk of the Court. (LML) (Entered: 10/11/2019)	RECAP
8	Oct. 11, 2019	SUMMONS Submitted by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons Margaret Wynne)(Lieberman, Martin) (Entered: 10/11/2019)	RECAP
9	Oct. 15, 2019	Summons Issued as to Thomas Homan and Margaret Wynne. (Attachments: # 1 Summons)(LML). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/15/2019)	RECAP
	Oct. 18, 2019	Remark: Pro hac vice motion(s) granted for Anand Balakrishnan, Daniel A Galindo, Emily Goldberg, and Hallie S Goldblatt on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Oct. 18, 2019	Remark re Pro Hac Vice Motion
	Oct. 18, 2019	Remark: Pro hac vice motion(s) granted for Geoffrey R Chepiga, Jacqueline P Rubin, and Steven C Herzog on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Oct. 21, 2019	Remark re Pro Hac Vice Motion
	Oct. 21, 2019	Remark: Pro hac vice motion(s) granted for Alexander A Reinert on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Oct. 23, 2019	Remark (Public)
	Oct. 23, 2019	Remark: Out of state attorney Judy Rabinovitz removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
	Oct. 23, 2019	Remark (Public)
10	Nov. 4, 2019	SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Jefferson Beauregard Sessions III on 10/18/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019) 2 Exhibit B - Affidavit of Service by Certified Mail View on PACER	RECAP
11	Nov. 4, 2019	SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Gene Hamilton on 10/15/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019) 2 Exhibit B - Affidavit of Service by Certified Mail View on PACER	RECAP
12	Nov. 4, 2019	SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Stephen Miller on 10/16/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019) 2 Exhibit B - Affidavit of Service by Certified Mail View on PACER	RECAP
13	Nov. 4, 2019	SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Thomas Homan on 10/19/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019) 2 Exhibit B - Affidavit of Service by Certified Mail View on PACER	RECAP
14	Nov. 4, 2019	SERVICE EXECUTED filed by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.: Affidavit of Service re: Summons, Class Action Complaint, and Civil Cover Sheet upon Alex Azar on 10/16/2019. (Attachments: # 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested, # 2 Exhibit B - Affidavit of Service by Certified Mail)(Chepiga, Geoffrey) (Entered: 11/04/2019) 1 Exhibit A - Affidavit of Service by Cerified Mail Return Receipt Requested View on PACER 2 Exhibit B - Affidavit of Service by Certified Mail View on PACER	RECAP
15	Nov. 11, 2019	MOTION to Seal Document Containing Defendants' Home Addresses by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Text of Proposed Order)(Chepiga, Geoffrey) (Entered: 11/11/2019) 1 Text of Proposed Order View on PACER	RECAP
16	Nov. 12, 2019	ORDER granting 15 Motion to Seal Documents Containing Defendants' Home Addresses. Signed by Judge James A Soto on 11/12/19. (See attached PDF for complete information.) (KAH) (Entered: 11/12/2019)	RECAP
17	Nov. 13, 2019	Redacted Summons pursuant to 11/12/19 Order by A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Affidavit, # 21 Affidavit, # 22 Affidavit, # 23 Affidavit)(Chepiga, Geoffrey) Modified on 11/14/2019 to correct filing title (DLC). (Entered: 11/13/2019) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER 11 Summons View on PACER 12 Summons View on PACER 13 Summons View on PACER 14 Summons View on PACER 15 Summons View on PACER 16 Summons View on PACER 17 Summons View on PACER 18 Summons View on PACER 19 Summons View on PACER 20 Affidavit View on PACER 21 Affidavit View on PACER 22 Affidavit View on RECAP 23 Affidavit View on PACER	RECAP
18	Dec. 4, 2019	NOTICE of Appearance by Molly Patricia Brizgys on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Brizgys, Molly) (Entered: 12/04/2019)	RECAP
19	Dec. 4, 2019	NOTICE of Attorney Withdrawal Marty Lieberman filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 12/04/2019)	RECAP
20	Dec. 16, 2019	NOTICE of Appearance by Paul C Quast on behalf of Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 12/16/2019)	RECAP
21	Dec. 16, 2019	Joint MOTION for Extension of Time Extend Deadlines and Set Briefing Schedule by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 12/16/2019) 1 Text of Proposed Order View on RECAP	RECAP
22	Dec. 18, 2019	ORDERED that the parties' joint 21 Motion to set a Briefing Schedule and Consolidate and Extend Deadlines is granted. It is further ordered that Plaintiffs' 2 Motion to Proceed Using Initials and Pseudonyms is granted. Signed by Judge James A Soto on 12/17/2019. (SEE ORDER FOR COMPLETE DETAILS.) (BAR) (Entered: 12/18/2019)	RECAP
23	Jan. 15, 2020	NOTICE of Appearance by Christine Keeyeh Wee on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Wee, Christine) (Entered: 01/15/2020)	RECAP
24	Jan. 17, 2020	NOTICE of Attorney Withdrawal filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 01/17/2020)	RECAP
	Feb. 4, 2020	Remark re Pro Hac Vice Motion
	Feb. 4, 2020	Remark: Pro hac vice motion(s) granted for Stephen Kang on behalf of Plaintiffs A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., and L.L.H.O.. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
25	Feb. 6, 2020	Joint MOTION for Leave to File Excess Pages by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Attachments: # 1 Text of Proposed Order)(Quast, Paul) (Entered: 02/06/2020) 1 Text of Proposed Order View on PACER	RECAP
26	Feb. 10, 2020	ORDER granting 25 Motion for Leave to File Excess Pages. Signed by Judge James A Soto on 2/10/20.(JAS, kr) (Entered: 02/10/2020)	RECAP
27	Feb. 11, 2020	NOTICE of Appearance by Stephen Kang on behalf of A.I.I.L., J.I.S., J.J.P.B., J.L.V.A., L.L.H.O.. (Kang, Stephen) (Entered: 02/11/2020)	RECAP
28	Feb. 14, 2020	MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim by Matthew Albence, Alex Azar, L Francis Cissna, Gene Hamilton, Thomas Homan, John F Kelly, E Scott Lloyd, Kevin K McAleenan, Stephen Miller, Mark Morgan, Kirstjen Nielsen, Carla Provost, Jefferson Beauregard Sessions, III, Ronald D Vitiello, Margaret Wynne. (Quast, Paul) (Entered: 02/14/2020)	RECAP

Case: A.I.I.L. v. Sessions

4:19-cv-00481 | U.S. District Court for the District of Arizona

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