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Agreement stops Marion County Sheriff from holding immigrants for ICE

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An agreement between the American Civil Liberties Union of Indiana and the city of Indianapolis will stop the Marion County Sheriff’s Department from detaining immigrants for the federal government.

The stipulated final judgment and order for permanent injunction was filed Monday in the case, Antonio Lopez-Aguilar v. Marion County Sheriff’s Department, et al., 1:16-cv-2457, pending in the U.S. District Court for the Southern District of Indiana. Judge Sarah Evans Barker has not yet signed the document.

Under the terms of the agreement, the Marion County Sheriff’s office will no longer seize and detain individuals based solely on a request from U.S. Immigration and Customs Enforcement or based on removal orders from an immigration court. ICE must supply either a warrant signed by a judge or show probably cause that the person has committed a criminal offense in order for the sheriff’s officials to act.

Lopez-Aguilar filed a complaint in September 2016, claiming the Marion County Sheriff’s Department violated his Fourth Amendment rights by arresting and holding him in the local jail without being charged with a criminal offense. Local law enforcement detained him only at the request of federal immigration officials.

A resident of Allen County, Lopez-Aguilar had traveled to Indianapolis to appear in Marion County Traffic Court on Sept. 18, 2014, for a misdemeanor charge of operating a vehicle without a license. The case was closed after the hearing and he was not ordered to be incarcerated.

Lopez-Aguilar contends that after his court appearance, a sergeant from the sheriff’s department took him into custody and placed him in the Marion County Jail. The next day, Lopez-Aguilar was turned over to ICE.

He was subsequently released on his own recognizance while his immigration case is pending.

The Marion County Sheriff’s Department disputes it seized Lopez-Aguilar. The defendants claim the sheriff’s sergeant merely asked Lopez-Aguilar to walk to an area behind the courtroom where an ICE agent took him into custody.

As part of the stipulated judgment, Lopez-Aguilar is dropping his claims for damages and attorney fees as well as his state-law tort claims of false arrest and imprisonment.
 

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  1. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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