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5242844-57277000-145415-55778700 FTCA Resources and Ongoing Litigation HandoutResourcesFamily Separation Damages listserv – A confidential listserv administered by the Asylum Seeker Advocacy Project (ASAP) for those litigating family separation damages cases. A great place to share resources and ask questions of experienced litigators.To join please email ftca@ for instructions.Published reports on family separation and its traumatic impact on parents and children:Committee on Oversight and Reform, US House of Representatives, Child Separations by the Trump Administration (July 2019);U.S. Gov’t Accountability Office, Report to Congressional Requester, Southwest Border: Actions Needed to?Improve DHS Processing of Families and Coordination Between DHS and HHS (Feb. 19, 2020);U.S. Dep’t of Health & Human Servs., Off. of Inspector General, Communication and Management?Challenges Impeded HHS’s Response to the Zero-Tolerance Policy (Mar. 5, 2020);Off. of Inspector General, Review of the Department of Justice’s Planning and Implementation of Its Zero Tolerance Policy and Its Coordination with the Department of Homeland Security and Human Services, (January 2021); Executive Order on the Establishment of Interagency Task Force on the Reunification of Families, (Feb. 2, 2021);Physicians for Human Rights, "You will Never See Your Child Again": The Persistent Psychological Effects of Family Separation (Feb. 2020);KIND, Family Separation: Two Years Later, the Crisis Continues (July 16, 2020);AIC, The Legacy of Racism within US Border Patrol, (February 2021).LitigationClass Actions & Injunctive ReliefMs. L. v. U.S Immigration & Customs Enf't ("ICE"), 310 F. Supp. 3d 1133, 1137 (S.D. Cal. 2018), modified, 330 F.R.D. 284 (S.D. Cal. 2019)Provided class wide injunctive relief, requiring the reunification of parents and children. Injunction remains in place, and litigation is ongoing.Dora v. Sessions, No 1:18-CV-01938-PLF (D.D.C. Aug. 17, 2018) and M.M.M. v. Sessions, No. 3:18-cv-1832-DMS (S.D. Cal.)Settlement agreements providing relief for parents whose credible and reasonable fear interviews were denied after their children were taken from them to have their claims reevaluated.Settlements also allowed children whose cases had been separated from their parents to be joined to their parents’ cases: if parent had positive finding, children joined parents in immigration court; if parent received a negative finding, children were entitled to their own finding.Ms. J.P. v. Sessions, No. LA-CV-1806081-JAK-SKx, 2019 WL 6723686 (C.D. Cal. Nov. 5, 2019)Class action providing injunctive relief for subclass of separated parents to ensure medically appropriate mental health screenings and treatment. Damages casesFTCA CasesC.M. v. United States, No. 2:19-cv-05217-PHX-SRB, 2020 WL 1698191, (D. Ariz. Mar. 30, 2020)FTCA case for formerly separated family; government’s motion to dismiss and request to certify appeal were both denied; currently in discovery.A.P.F. v. United States, No. 2:20-cv-20-00065-PHX-SRB (D. Ariz. Jul. 27, 2020)FTCA case for formerly separated family; government’s motion to dismiss and request to certify appeal were both denied; currently in discovery.A.I.I.L. v. Sessions, No. 4:19-cv-00481 (D. Ariz. Oct. 10, 2019)Bivens and 42 USC § 1985(3) class action on behalf of separated parents and children. Plaintiffs amended complaint to add FTCA claims for individual named plaintiffs. Motion to dismiss briefing ongoing. D.A. v. United States, No. 1:20-CV-03082-MMP (N.D. Ill. May 22, 2020)FTCA case for formerly separated family, includes claims against private contractor that held separated children; motion to dismiss briefing ongoing.D.J.C.V. v. United States, No. 1:20-cv-05747-PAE (S.D. N.Y. July 24, 2020)FTCA case for formerly separated family. Includes Alien Tort Statute claims of torture and crimes against humanity (persecution) under 28 U.S.C. § 1350. Motion to dismiss briefing ongoing. R.Y.M.R. v. United States, No. 1:20-cv-23598-KMW (S.D. Fl. Aug. 28, 2020)FTCA case for formerly separated family; motion to dismiss briefing ongoing.E.L.A. v. United States, No. 2:20-cv-01524-RAJ (W.D. Wash. Oct. 15, 2020)FTCA case for formerly separated family; awaiting responsive filing from government. Fuentes-Ortega v. United States, No. 4:20-cv-00266-MLB (N.D. Ga. Nov. 17, 2020)FTCA case for formerly separated family; awaiting responsive filing from government. Bivens CasesK.O. v. U.S. Immigration & Customs Enf't, No. CV 20-309 (RC), 2020 WL 3429697 (D.D.C. June 23, 2020)Bivens and 42 USC § 1985(3) class action on behalf of separated children; originally filed in the D.Mass., but transferred to D.D.C.; government prevailed on motion to dismiss Bivens and statutory claims, and plaintiffs request to amend to add FTCA claims was denied; appeal pending at D.C. Circuit. Related FTCA CasesPe?a Arita v. Starr County, TX, the United States, et al., No. 7:19-cv-00288 (S.D. Tex.)FTCA case for estate of father who completed suicide in state custody following separation, and children, including Bivens, § 1983 and ADA/Rehabilitation Act claims. Defendants prevailed on motions to dismiss for all claims. Ortiz Villagran v. County of El Paso, TX and the United States, No. 3:19-cv-00336-DCG-ATB (W.D. Tex. Nov. 21, 2019)?FTCA case for formerly separated father who experienced extensive imprisonment by state, including § 1983 and ADA/Rehabilitation Act claims; federal government motion to dismiss briefing ongoing. ................
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