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1 1 HOARD SLA VITT (CA SBN 40) RACHEL COHEN (CA SBN 2929) 2 COBLENTZ, PATCH, DUFFY & BASS P 3 One Ferry Street, Suite 0 San Francisc, CA Tel / Fax (IJ '<t, '<t ()) a..«1: 0(') (f) I::: <!J (f)...j <!J «(3: rn ())... 0'00..., U ()) >~ui ll.. U _ 1L.. ~ '<t ::J::x OlL..~ UUl,0 «000 a.. (IJ '<t ~...: NI()) 1;(') Z Ul.,lll...J(,)~ m~ 00 ' :::J ld :r : : 1L.. 5 ROBERT RUBIN (CA SBN 504) rrubin@lccr.cm PHILIP HANG (CA SBN 5070) phang@lccr.cm 6 LA YERS' COMMITTEE FOR CIVIL RIGHTS 1 Steuart Street, Suite San Francisc, CA Tel / Fax JULIA HARUMI MASS (CA SBN 9649) jmass@aclunc.rg 9 ALAN L. SCHLOSSER (CA SBN 49957) aschlsser@aclunc.rg 10 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA Drumm Street San Francisc, CA Tel / Fax Attrneys fr Plaintiff 14 KEBIN REYES, a minr, by and thrugh his father and guardian, NOE REYES KEBIN REYES, a minr, by and thrugh his guardian ad litem NOE REYES, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Plaintiff, v. 24 NANCY ALCANTAR, San Francisc Field Office Directr fr Detentin and Remval Services, 25 Immigratin Custms Enfrcement, in her individual capacity, and DOES 1 thrugh inclusive, Case N. COMPLAINT FOR VIOLATIONS OF THE FOURTH AND FIFTH AMENDMENTS TO THE UNITED STATES CONSTITUTION DEMAND FOR JURY TRIAL 27 Defendants. Case N.

2 1 LUCAS GUTTENTAG (CA SBN 90) 2 AMERICAN CIVIL LIBERTIES UNION FOUNDATION IMMIGRANTS' RIGHTS PROJECT 3 39 Drumm Street San Francisc, CA Tel / Fax C') N '<j, "(j) 0..<...JZ...JO:: C') (f) ~ \ll (f)...l \ll «<u. m (j) 1.(1 0' 00 () (j) If) >lil l.i.. () l.i..~" ::J : X < I<' u(j),0 «m 0.. N " ~ _ Nt::::(j) I:JC') Z (J).,lil ll9;t aj Z 0 U~ :J [D r : : Z Attrneys fr Plaintiff KEBIN REYES, a minr, by and thrugh his father and guardian, NOE REYES lo v3 Case N. COMPLAINT FOR VIOLA nons OF THE FOURTH AND FIFTH AMENDMENTS TO THE UNITED STATES CONSTITUTION

3 1 PlaintiffKEBIN REYES, by and thrugh his guardian ad litem, NOE REYES, alleges as 2 flls: JURISDICTION Jurisdictin is cnferred n this Curt by U.S.C. 31, U.S.C. 43(a)(4), f') (\J 1", 1" Ol 0.«..J..JO: Of') U) ~ (l) U)...J (l) ««m U i,.. 0' 00 "V U Ol >~ui IJ..U 1J..~1" =>>< O~ U(j),0 f «m 0. (\J 1" ~ _ N t Ol f :; f') Z (j).,m...j (!) ~ en ~ 0 :J aj > 5 and U.S.C VENUE Venue is prper in the Nrthern District f Califrnia pursuant t U.S.C. 91. INTRADISTRICT ASSIGNMENT Assignment t the San Francisc r Oakland Divisin f this Curt is prper under 10 Lcal Rule 32(d) because a substantial part f the events r missins giving rise t Plaintiffs 11 claims ccurred in Marin Cunty. 4. THE PARTIES PlaintiffKEBIN REYES (als referred t hereinafter as "Kebin") is a United States 14 citien f Guatemalan descent. He is seven years ld and resides ithin the Nrthern District f Califrnia. Pursuant t Federal Rule f Civil Prcedure ( c), Plaintiff brings this actin by and thrugh NOE REYES (als referred t hereinafter as "Mr. Reyes"), h is Plaintiffs father and als resides ithin the Nrthern District f Califrnia. Plaintiff, h is a minr, is nt cmpetent t bring this actin n his n behalf. Mr. Reyes is illing and able t act as Plaintiffs guardian ad litem and ill cnduct this litigatin at all times in Plaintiffs best interests. 5. Defendant NANCY ALCANTAR is Field Office Directr in San Francisc, Califrnia fr Immigratin and Custms Enfrcement, Office f Detentin and Remval Operatins. At all relevant times, ALCANTAR as acting under clr f federal la and is sued in her individual capacity At all relevant times, Defendants DOES I thrugh 50 (als referred t hereinafter 25 as the "DOE defendants"), each f hm Plaintiff sues in his r her individual capacity, ere 26 agents, emplyees, r therise representatives f United States Immigratin and Custms 27 Enfrcement (als referred t hereinafter as "ICE") r ther federal agencies. At all relevant times, DOES 1 thrugh 50 ere acting under clr f federal la. Plaintiff is infrmed and I Case N.

4 1 believes and theren alleges that that many, if nt all, f DOES 1 thrugh 50 are residents f the 2 Nrthern District f Califrnia. Plaintiff is infrmed and believes and theren alleges that DOES 3 1 thrugh 50, inclusive, are legally respnsible fr the rngs cmmitted against Plaintiff, as 4 alleged herein. hen Plaintiff becmes aare f the true identities f ne r mre DOE 5 defendants, Plaintiff ill amend his cmplaint t add r substitute them as named Defendants Plaintiff is infrmed and believes and theren alleges that each f the Defendants ru ';j", ';j" (l) Q...:...JZ...JO: 0(') (J) t:: <D (J) ' ({) «..: m U i," 0 "<Ju(l) >':'!ui ll. u ll. ~ ';j" :::> x OlL.~ I":' UUl,0 «Olll Q. ru ';j" ~ _ Nf(l) 1:;(') Z Ul.,til...Jt9~ m 00 ;) m > ll. 7 caused, and is liable fr the uncnstitutinal and unlaful cnduct and resulting injuries, by, amng ther things, persnally participating in said cnduct r acting jintly ith thers h did 9 s; by authriing, acquiescing r setting in mtin plicies, plans r actins that led t the 10 unlaful cnduct; by failing t take actin t prevent the unlaful cnduct; by failing r refusing 11 ith deliberate indifference t maintain adequate training and supervisin; and/r by ratifying the unlaful cnduct taken by emplyees under their directin and cntrl. Plaintiff is infrmed and believes and theren alleges that Defendants' actins ere pursuant t a plicy, custm, r usage 14 fice r ther related federal agencies.. FACTS GIVING RISE TO THE CLAIMS On March 6, 07, Defendants seied Kebin, a United States citien, and tk him int their custdy, ithut laful cause and ithut a arrant fr his arrest, at his residence in San Rafael, Califrnia. 9. Defendants arrived at Kebin's residence in the early mrning hurs f March 6, 07. Armed and earing clthes bearing the rd "plice," Defendants entered the residence and demanded the immigratin papers and passprts f Kebin and his father. Upn infrmatin and belief, Defendants did nt have laful authriatin r a valid arrant fr entering the hme. Kebin's father prvided Defendants ith Kebin's U.S. passprt, identifying Kebin as a United 24 States citien. Kebin's father truthfully ansered the questins asked f him Defendants infrmed Kebin's father that they ere taking him int custdy. 26 Despite being placed n ntice that Kebin is a United States citien, Defendants instructed his 27 father t aken Kebin because they ere ging t seie him as ell. Kebin's father requested repeatedly that Defendants permit him t make a phne call t a family member living nearby h 2 Case N.

5 '<t Q) 0..<...JZ...Ja: 0(") (f)l:: (f).j «0'"": OJ Ol.x 0 r "UuOl > ~ ui IJ... u IJ... ~ '<t ::Ja:>< O~ I<' U (1),0 f «r a.. (\j '<t ~.: NfQ) f:;(") Z (I).,t...J\.'J~ ID Z 0 :::l rn > a: a: 1 culd care fr Kebin s that he uld nt be taken int frced custdy. But Defendants refused t 2 permit Kebin's father t make a phne call. Defendants seied Kebin and his father. Defendants 3 tk Kebin and his father t an ICE ffice in San Francisc and held them there against their ill At the ICE ffice, Kebin's father again requested t make a phne call t arrange 5 fr Kebin's care, but Defendants did nt all him t make a phne call. Defendants tld Kebin 6 that he uld nly need t stay at the ICE ffice fr an hur r t. Instead, they held him in a 7 lcked rm all day against his ill. Kebin thught he as injail. Defendants refused t give Kebin any fd, ther than bread and ater. Kebin as hungry and crying. He did nt kn 9 hen he uld be free t leave. 10. That afternn, a family member and family friend h had learned abut the 11 incident frm thers in the neighbrhd, came t the ICE ffice t seek Kebin's release and t bring Kebin hme. Defendants frced Kebin t remain in custdy, ithut cause, fr several mre hurs, until evening, befre they released him. 14. As a direct and prximate result f Defendants' cnduct, Kebin has been harmed. His harm includes but is nt limited t: (a) being detained, arrested r seied and being detained and held fr a perid f apprximately hurs; (b) being deprived f fd, ther than bread and ater, fr a perid f apprximately hurs; (c) being denied the pprtunity t make a phne call r t have ne made fr him t arrange fr his care; (d) pain and suffering; and 24 distress. (e) being subject t intimidatin and inflicted ith emtinal and mental Plaintiff is infrmed and believes and theren alleges that the abvedescribed acts 26 f Defendants ere dne kningly, intentinally, maliciusly, ith deliberate, reckless r 27 callus indifference t Plaintiffs security, freedm, and civil and cnstitutinal rights, r ith intent t injure, harass, and ppress Plaintiff. Accrdingly, Plaintiff is entitled t an aard f 3 Case N.

6 1 punitive damages against Defendants. 2 FIRST CLAIM FOR RELIEF 3 (Vilatin f Furth Amendment and Title United States Cde Sectin 57) 4 (Against All Defendants) 5. Plaintiff hereby incrprates paragraphs 1 thrugh 14 abve and each allegatin 6 therein as thugh fully set frth herein. N <;j". <;j" Ol a..~...j...jo:: OM (J) t:: \0 (J)...J \0 <~: CD Ol... 00) "UuOl >'!.!ui ll.ull.~<;j" ::J::X OlL.~ I ~. U/j). 0 <00) a.. N <;j" ~...: NIOl I:iM Z /j)..ul...j(!j~ m 0 :J [lj '> : : ll. Z 7. The Furth Amendment t the United States Cnstitutin prvides that each persn has the right t be secure in his r her persn, huses, papers, and effects, against unreasnable 9 searches and seiures. 10. By cmmitting the abvedescribed acts, Defendants vilated Plaintiffs rights 11 under the Furth Amendment t the United States Cnstitutin.. The cnduct f Defendants vilated clearly established cnstitutinal r ther rights f hich Defendants kne, r f hich a reasnable public fficial shuld have knn. 14 Defendants exceeded their authrity t make detentins, seiures and arrests, including the limitatins set frth in Title United States Cde Sectin 57.. Plaintiff has n effective administrative mechanism r ther remedy at la by hich t seek the prper measure f damages fr these cnstitutinal rngs.. SECOND CLAIM FOR RELIEF (Vilatin f Fifth Amendment) (Against All Defendants) Plaintiff refers t and incrprates paragraphs 1 thrugh as thugh fully set frth herein.. The Fifth Amendment t the United States Cnstitutin requires that n persn 24 shall be deprived f life, liberty r prperty ithut due prcess f la. 25. By cmmitting the abvedescribed acts, Defendants vilated Plaintiff s rights 26 under the substantive due prcess and/r prcedural due prcess clauses f the Fifth Amendment 27 t the United States Cnstitutin.. The cnduct f Defendants vilated clearly established cnstitutinal r ther 4 Case N.

7 1 rights f hich defendants kne, r f hich a reasnable public fficial shuld have knn Plaintiff has n effective administrative mechanism r ther remedy at la by 3 hich t seek the prper measure f damages fr these cnstitutinal rngs ADDITIONAL CLAIMS FOR RELIEF In additin t filing this Cmplaint, Plaintiff is presenting a claim pursuant t the 6 Federal Trt Claims Act seeking relief frm the United States f America. If the claim is denied, (IJ 't, 't ()) 0...«...JZ...JO: I"'l (f) t:: \D (f)...j \D <0: m ()) "U U ()) >!:!ui ll. U _ ll.~'t ::J X O~ uu),0 < (IJ 't ~...: Nf()) I :; I"'l U).,m...J(!)~ m~ 00 u:: :J ~ 7 Plaintiff ill amend this Cmplaint t seek mnetary damages frm the United States f America fr varius trts cmmitted. 9 PRAYER 10 Plaintiff prays that judgment be entered in his favr and the flling relief be granted 11 against each and every Defendant: Actual and cmpensatry damages in an amunt t be determined; 2. Punitive r exemplary damages against Defendants Alcantar and DOES 150 t the extent permitted by la; lo v3 5 Case N.

8 1 3. Attrneys' fees and csts f suit, pursuant t all applicable statutry, cmmn la, 2 r cnstitutinal prvisins; and 3 4. Such relief as the Curt may deem just and prper. C') (\j '>t '>t m a..«,.j,.jll: OC') (J) ~ (j) (J) ' (j) <<( u. CD m I(l 0 u e m ([J >U) ll. u '>t ll. ~ :J1l:>< u... «u... UUl,0 <e a.. (\j '>t ~ _ Nfm I ; C') Ul.,U)..J(:l~ Ol :: 0 (J:::' ::J en > Il: Il: u Dated: April 26, 07 COBLENTZ, PATCH, DUFFY & BASS P By: Hard A. Slavitt Attrneys fr Plaintiff KEBIN REYES, a minr, by and thrugh his father and guardian, NOE REYES lo v3 6 Case N.

9 1 DEMAND FOR JURY TRIAL 2 Plaintiff hereby demands a trial by jury n all issues s triable t the full extent permitted by la. Dated: April 26, 07 COBLENTZ, PATCH, DUFFY & BASS P (') (IJ 'i, 'i Ol 0..«..JZ..JO: 0(') (J)':::(l) (J)"(l) ~ U «. CD Ol t.il 0'00 u Ol ((). >I!l ll.u_ ll.~'i ::J:x OlJ...«lJ... uu),0 100 ~ a.. (IJ 'i ~...: NrOl 1::;(') U).,I!l...J(!J~ CD Z 00 => [l) > lj... Z By: Hard A. Slavitt Attrneys fr Plaintiff KEBIN REYES, a minr, by and thrugh his father and guardian, NOE REYES 1039S Sv3 7 Case N.