Case details

City police wrongfully helped immigration agents: claimant

SUMMARY

$18750

Amount

Settlement

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On June 3, 2018, claimant Edgar Torres Gutierrez, 27, was pulled over by Laguna Beach police on the suspicion that he was driving under the influence. Gutierrez was taken to the local jail, where he was held for 15 hours. He was eventually picked up by federal immigration agents. He then spent several hours in an immigrant detention facility in Los Angeles before being released. Gutierrez filed a complaint with the Laguna Beach Police Department. The claim was against the operator of the police department, the city of Laguna Beach. Gutierrez alleged that the city’s police officers violated his constitutional rights against unlawful search and seizure. He also alleged that the city’s officers violated his right to due process, and violated California’s sanctuary state law, California Senate Bill 54, also known as the California Values Act, which limits local law enforcement’s ability to cooperate with federal immigration agents. Gutierrez, who came to the United States from Mexico when he was 3 years old, was never charged with an immigration violation, and he was protected from deportation under the Deferred Action for Childhood Arrivals, which is an immigration policy that allows some individuals with unlawful presence in the United States after being brought to the country as children to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit in the U.S. Gutierrez claimed that the Laguna Beach police officers wrongfully held him at the request of U.S. Immigration and Customs Enforcement agents until he could be taken into federal custody. He alleged that as a result, officers misrepresented the time he could be expected to be released and that at least one officer laughed at him about the situation. He claimed that the Laguna Beach police should not have been helping immigration agents deport recipients of the Deferred Action for Childhood Arrivals. The respondent’s counsel noted that, during criminal proceedings, Gutierrez pleaded guilty to a crime in regard to operating his vehicle. Counsel contended that the Immigration and Customs Enforcement agents sent the city an administrative warrant after Gutierrez was taken into custody and that the Laguna Beach officers acted appropriately. In response, Gutierrez claimed that while he takes responsibility for the actions that led to his arrest, he didn’t deserve to be treated differently than other residents., Gutierrez claimed that he suffers from emotional distress as a result of the subject events. In his claim to the city, Gutierrez sought recovery of treble damages, punitive damages, injunctive relief, and a signed U visa certification document from the Department of Homeland Security, which would state that he was a victim of a qualifying crime, possessed information relating to the crime, and was helpful in the investigation or prosecution of that crime.
COURT
Matter not filed, CA

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