Morales v. Chadbourne
2015 U.S. App. LEXIS 12383
| 1st Cir. | 2015Background
- Morales, a U.S. citizen born in Guatemala, was detained in 2004 and 2009 under ICE detainers while in custody; the 2009 detainer was issued by Donaghy and supervised by Riccio and Chadbourne; Morales alleged the detainer violated Fourth and Fifth Amendments and sought damages and injunctive relief under Bivens; the district court denied summary judgment on qualified immunity for Donaghy and denied dismissal for Chadbourne and Riccio, leading to this interlocutory appeal; the detainer in 2009 directed detention up to 48 hours to allow ICE to assume custody; Morales disputed lack of citizenship verification prior to detainer issuance; Morales alleged supervisory liability claims against Chadbourne and Riccio for policies and deliberate indifference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was probable cause required to issue an immigration detainer in 2009? | Morales argues detainer required probable cause under Fourth Amendment. | Donaghy contends no clearly established precedent mandated probable cause for detainers in 2009. | Yes, probable cause was clearly established in 2009. |
| Is Donaghy entitled to qualified immunity on the Fourth Amendment claim? | Detainer issued without probable cause violated Morales's rights. | Donaghy asserts lack of clearly established law and disputed facts. | Denied; law clearly established probable cause was required. |
| Is Donaghy entitled to qualified immunity on Morales's Fifth Amendment equal protection claim? | Detention based on nationality/race/ethnicity violated equal protection. | Appeal rests on factual declarations, not pure legal issue. | Appeal on this ground dismissed for lack of jurisdiction. |
| Are Chadbourne and Riccio liable for supervisory Fourth Amendment violations? | Supervisors knew or should have known subordinates issued detainers without probable cause; policy or deliberate indifference. | Iqbal poroizing conclusory, no affirmative link shown. | Sufficient factual allegations to plausibly plead supervisory liability; affirmed denial of immunity. |
| Is the appellate jurisdiction proper given Donaghy's factual assertions? | Interlocutory appeal limited to pure issues of law; factual grounds dismissed for lack of jurisdiction. |
Key Cases Cited
- Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011) (clearly established standard for qualified immunity)
- Brignoni-Ponce, 422 U.S. 873 (1975) (reasonable suspicion for initial stop; probable cause for further detention)
- Dunaway v. New York, 442 U.S. 200 (1979) (detention triggers Fourth Amendment safeguards)
- Illa y Lau? (Au Yi Lau), 445 F.2d 217 (D.C. Cir. 1971) (reason to believe read as probable cause in detainer context)