Morales v. Chadbourne, No. 14-1425 (1st Cir. 2015)Annotate this Case
Plaintiff, a naturalized United States citizen, alleged that, in 2009, she was unlawfully detained in violation of her Fourth And Fifth Amendment rights when she was imprisoned for 24 hours pursuant to an immigration detainer so that U.S. Immigration and Customs Enforcement (ICE) agents could investigate her immigration status. Plaintiff named as defendants three ICE agents - defendants Edward Donaghy, Bruce Chadbourne, and David Riccio. Defendants filed motions for summary judgment and to dismiss, all on the basis of qualified immunity. The district court denied Defendants’ motions. The First Circuit (1) affirmed the district court’s 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 was required to have probable cause before issuing a detainer; (2) dismissed Donaghy’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 because these arguments did not present pure issues of law; and (3) affirmed the district court’s denial of qualified immunity on Morales’s Fourth Amendment supervisory liability claim against Chadbourne and Riccio, as Plaintiff had sufficiently alleged that Chadbourne and Riccio violated a clearly established Fourth Amendment right.