United States First Circuit

In an action brought by a plaintiff detained for 24 hours pursuant to an immigration detainer so agents from the U.S. Immigration and Customs Enforcement (ICE) could investigate her immigration status, alleging that ICE agents unlawfully detained her in violation of her Fourth and Fifth Amendment rights, the district court's judgment is: 1) affirmed as to denial of qualified immunity on plaintiff's Fourth Amendment claim against Donaghy on the ground that the law was clearly established in 2009 that an ICE agent required probable cause to issue an immigration detainer; 2) affirmed as to denial of qualified immunity on plaintiff's Fourth Amendment supervisory liability claim against Chadbourne and Riccio; and 3) dismissed as to plaintiff's appeal on his Fourth Amendment argument regarding the circumstances surrounding the issuance of the detainer and his Fifth Amendment equal protection argument for want of jurisdiction.

Appellate Information

• Decided 07/17/2015
• Published 07/17/2015

Judges

• LIPEZ

Court

• United States First Circuit

Counsel