Hernandez v. United States, No. 18-1103 (2d Cir. 2019)Annotate this Case
Plaintiff appealed the district court's dismissal of his claims alleging that he was wrongfully detained by local authorities pursuant to a federal immigration detainer.
The Second Circuit held that the district court erred as to plaintiff's false arrest and false imprisonment claim against the government, because no reasonable officer would have issued the detainer under the circumstances without conducting an inquiry. Furthermore, the complaint alleged facts from which a reasonable inquiry would have revealed that plaintiff was a citizen who could not have been subject to an immigration detainer. The court also held that the district court erred as to plaintiff's official policy claim against the city, because the complaint plausibly alleged that but for the detainer, plaintiff would have been released, and that the city confined him not for his failure to post bail but because of the detainer. Furthermore, the complaint plausibly alleged that the city refused to release plaintiff because of its policy, the city would have seen that plaintiff was not subject to an immigration detainer if it had checked, and the city policy caused plaintiff's deprivation of rights. Finally, the court held that the district court properly dismissed the remaining claims. Accordingly, the court affirmed in part, vacated in part, and remanded.