Case 1:16-cv-02457-SEB-TAB Document 1 Filed 09/15/16 Page 1 of 6 PagelD #: 1 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANTONIO LOPEZ-AGUILAR, Plaintiff, No, 1:16-ev-2457 MARION COUNTY SHERIFF'S DEPARTMENT, SHERIFF JOHN R. LAYTON, in both his official capacity and his individual capacity, and SERGEANT DAVIS, in his individual capacity, Defendants. COMPLAINT FOR DAMAGES Introduction 1. On September 18, 2014, Antonio Lopez-Aguilar appeared at the Marion County Traffic Court to answer for a misdemeanor charge that he had operated an automobile without a license. Once this hearing concluded—without any requirement that he serve jail time for that charge—he was informed by Sergeant Davis of the Marion County Sheriff's Department that he was being taken into custody until he could be transferred to the custody of the federal {migration and Customs Enforcement (“ICE”). He was therefore taken into custody and held without cause by Sergeant Davis, even though he was not charged with a criminal offense. After Mr, Lopez-Aguilar’s attormey complained about this incident to, among other persons, Sheriff John R. Layton, he received a phone call from an attomey representing Sheriff Layton and the Marion County Sheriff's Department, in which it was indicated that Mr. Lopez-Aguilar would not be released untilCase 1:16-cv-02457-SEB-TAB Document 1 Filed 09/15/16 Page 2 of 6 PagelD #: 2 he could be transferred into ICE custody. This happened the next day, although Mr. Lopez-Aguilar has since been released on his own recognizance, 2, The actions or inactions of the defendants violate the Fourth Amendment to the United States Constitution, and they also constitute the torts of false arrest and false imprisonment. Mr. Lopez-Aguilar is entitled to his damages. Jurisdiction, Venue, and Cause of Action 3. This Court has jurisdiction of this case pursuant to 28 U.S.C. § 1331 4. Venue is proper in this district pursuant to 28 U.S.C. § 1391 5. Declaratory relief is authorized by Rule 57 of the Federal Rules of Civil Procedure and 28 U.S.C. §§ 2201 and 2202. 6. The federal claims are brought pursuant to 42 U.S.C. § 1983 to redress the deprivation, under color of state law, of rights secured by the U.S. Constitution. 7, ‘This Court has supplemental jurisdiction of the state law claims pursuant to 28 U.S.C. § 1367. Parties 8, Antonio Lopez-Aguilar is an adult resident of Allen County, Indiana. 9. ‘The Marion County Sheriff's Department is the law enforcement agency that serves Marion County, Indiana, and that, among other things, operates and oversees the Marion County Jail and provides law enforcement personne! responsible for security at court facilities within Marion County 10. Sheriff John R. Layton is the duly elected head of the Marion County Sheriff's Department, and is sted in both his official capacity and his individual capacity.Case 1:16-cv-02457-SEB-TAB Document1 Filed 09/15/16 Page 3 of 6 PagelD) #: 3 11. Sergeant Davis was, at all relevant times, a duly appointed sergeant with the Marion County Sheriff's Department. ‘The plaintiff is without knowledge as to whether he retains this position. He is sued in his individual eapacity. Factual Allegations 12, On September 18, 2014, Antonio Lopez-Aguilar travelled to Marion County (Indiana) Superior Court [3—also known as Marion County Traffic Court—for a hearing on a misdemeanor charge that he had operated an automobile without a license. 13, Once Mr. Lopez-Aguilar arrived at Marion County Traffic Court, he and his attorney were informed that, earlier that day, an officer with the U.S. Immigration and Customs Enforcement (“ICE”) had visited Marion County Traffic Court and made an inquiry about Mr. Lopez-Aguilar to officers of the Marion County Sheriff's Department, including Sergeant Davis. 14, No agent or officer of ICE was present at the Marion County Traffic Court at any relevant time after Mr. Lopez-Aguilar arrived on September 18, 2014, 15, Immediately upon arrival and check-in at the Marion County Traffic Court, Mr. Lopez- Aguilar was taken into custody by Sergeant Davis and placed in a locked, secure prisoner holding area. He was allowed to appear before the bench and resolve his case. At the conclusion of this hearing, Mr. Lopez-Aguilar was informed by Sergeant Davis that he ‘was being held until he could be transferred into ICE custody. 16. Mr. Lopez-Aguilar thus participated in the hearing for which he had travelled to Marion County Traffic Court, and that case was closed on that same date, At no time did this cease result in Mr. Lopez-Aguilar’s incarceration or in a court order requiring his incarceration.Case 1:16-cv-02457-SEB-TAB Document 1 Filed 09/15/16 Page 4 of 6 PagelD i: 4 17, 20. 21 2, AL the conclusion of this heating, Mr. Lopez-Aguilar was again taken into custody by Sergeant Davis and was informed by Sergeant Davis that he was being taken into custody and held until he could be transferred into ICE custody. At Sergeant Davis's direction, Mr. Lopez-Aguilar was transported directly to the Marion County Jail, bypassing the Arrestee Processing Center, where new artestees in Marion County are generally booked ptior to being transported to the jail. Mr. Lopez-Aguilar was not charged with any iminal offense and was not taken by Sergeant Davis or any other officer with the Marion County Sheriff's Department before 8 judicial officer pertaining to his arrest and/or custody. AC no point prior to or after Mr. Lopez-Aguilar was taken into custody did Sergeant Davis or any other officer with the Marion County Sheriff's Department have any cause to arrest or hold Mr. Lopez-Aguilar in custody. The attorney that represented Mr. Lopez-Aguilar in the case at Marion County Traffic Court complained about these actions both to Sergeant Davis and to other officials with the Marion County Sheriff's Department, including Sheriff John R. Layton ‘That evening—still September 18, 2014—Mr. Lopez-Aguilar’s attorney received a phone call from an attomey representing Sheriff Layton and the Marion County Sheriff's Department, who indicated that Mr. Lopez-Aguilar would continue to be held at the Marion County Jail until he could be transferred into ICE custody. On information and belief, the attorney representing Sheriff Layton and the Marion County Sheriff's Department spoke with the knowledge of, at the behest of, and on behalf of Sheriff Layton,Case 1:16-cv-02457-SEB-TAB Document 1 Filed 09/15/16 Page 5 of 6 PagelD #: 5 23. Mr. Lopez-Aguilar was held one full night at the Marion County Jail. The following day he was transferred into ICE custody. He has since been released by ICE on his own recognizance, although an immigration case is pending. 24. Asa result of the actions or inactions of the defendants, Mr. Lopez-Aguilar has suffered damages. 25. The defendants have, at all times, acted or refused to act under color of state law. Legal Claims 26. The defendants arrested and held Mr. Lopez-Aguilar in custody, without cause, in violation of the Fourth Amendment of the United States Constitution. 27. The defendants committed the torts of false attest and false imprisonment against Mr. Lopez-Aguilar Request for Relief WHEREFORE, the plaintiff respectfully requests that this Court do the following: 1. Accept jurisdiction of this cause and set it for hearing 2, Declare that the defendants violated the rights of the plaintiff for the reasons described above. 3. Award the plaintiff his damages. 4. Award the plaintiff his costs and reasonable attorneys’ fees pursuant to 42 U.S.C. § 1988 and all other applicable statutes 5. Award all other proper reliefCase 1:16-cv-02457-SEB-TAB Document 1 Filed 09/15/16 Page 6 of 6 PagelD #: 6 Js/ Gavin M, Rose Gavin M. Rose (s/.Jan P. Mensz Jan P. Mensz, ACLU oF INDIANA 1031 E, Washington St. Indianapolis, IN 46202 Ph: 317.635.4059 Fax: 317.635.4105 < Attorneys for the plaintiff