IRLI Files Brief Seeking Dismissal of Lawsuit Against County Commissioners and Sheriff Brought by Illegal Alien

December 15, 2015

An illegal alien brought this civil rights lawsuit to challenge her detention by two deputy sheriffs. The deputies detained the alien after a standard warrant check in the Federal Bureau of Investigation’s National Crime Information Center database showed an Immigration and Customs Enforcement (ICE) warrant for her immediate deportation. The alien sued the two deputies, the Frederick County Sheriff Chuck Jenkins, and the Frederick County Board of County Commissioners for violating her Fourth Amendment right to be free from unreasonable search and seizure and Fourteenth Amendment Equal Protection rights. IRLI has served as co-counsel in defending the two deputies and Sheriff Jenkins.

 

IRLI successfully represented the two deputies and all claims were dismissed against them. On appeal, the U.S. Court of Appeals for the Fourth Circuit remanded the case for a determination as to whether the Sheriff and the Frederick County Board of County Commissioners were “responsible” for the deputies’ actions through an official policy or custom of the county or the actions of a final county policymaker. IRLI assisted in drafting a motion to dismiss and for summary judgment on behalf of Frederick County and Sheriff Jenkins. At the same time, the plaintiff moved to file a third amended complaint.

 

In August 2015, the court ruled in our favor and dismissed the alien’s Equal Protection claims, but allowed the plaintiff to amend her complaint regarding the Fourth Amendment claims. Recently, the plaintiff filed her amended complaint and IRLI filed another motion to dismiss or for summary judgment on the Fourth Amendment liability issues in addition to a motion to strike allegations in the complaint relevant only to the dismissed claims (attached here and here).

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