Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 1 of 16 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 17-24574-CIV-GAYLES FARAH IBRAHIM, et al. Plaintiffs/Petitioners, Vs. JUAN ACOSTA, Assistant Field Office Director, Miami Field Office, Immigration and Customs Enforcement, Et al. Defendants/Respondents _____________________________________/ DEFENDANTS’ RESPONSE AND OPPOSITION TO PLAINTIFFS’ MOTION FOR EMERGENCY HEARING ON REQUEST FOR TRANSFER Defendants, by and through their undersigned counsel, file their Response and Opposition to Plaintiffs’ Motion for Emergency Hearing and Request for Transfer, and state: I. INTRODUCTION Plaintiffs ask this Court to order the Immigration and Customs Enforcement (ICE) to transfer the 52 Somalis detained at Glades County Detention Center to the Krome Detention Center in Miami. Plaintiffs’ request is premised on allegations that Glades corrections staff have applied unlawful force to some of the Somali detainees, and plaintiffs’ access to attorneys is inadequate. Plaintiffs’ request should be denied because the DHS Secretary has broad statutory authority to arrange for appropriate places of detention for aliens. More importantly, plaintiffs’ claims of excessive force are meritless, and defendants are attempting to work with plaintiffs on the attorney access issue. Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 2 of 16 II. THE DHS SECRETARY IS ENTRUSTED WITH BROAD DISCRETION IN CHOOSING LOCATIONS TO DETAIN ALIENS Congress has granted broad statutory authority to the DHS Secretary to choose locations to detain aliens. 8 U.S.C. § 1231(g)(1) provides, in pertinent part, that “[t]he Attorney General shall arrange for appropriate places of detention for aliens detained pending removal or a decision on removal.” Plaintiffs are “aliens detained pending removal” because they have completed their removal hearings and have been issued administratively final orders of removal. The predecessor to section 1231(g)(1) was 8 U.S.C. § 1252(c), which provided in pertinent part that, “[t]he Attorney General is authorized and directed to arrange for appropriate places of detention for those aliens whom he shall take into custody and detain under this section.” In Sasso v. Milhollan, 735 F.Supp. 1045 (S.D.Fla. 1990), the district court observed that “Congress … has squarely placed the responsibility of determining where aliens are to be detained within the sound discretion of the Attorney General.” Id. at 1048. In Rios-Berrios v. INS, 776 F.2d 859, 863 (9th Cir. 1985), the appellate court recognized that it was within the province of the Attorney General to decide whether an alien apprehended in California should be transported to Florida. See also Comm. of Central American Refugees v. INS, 795 F.2d 1434, 1440 (9th Cir.), as amended, 807 F.2d 769 (9th Cir. 1987)(“Congress has placed the responsibility of determining where aliens are detained within the discretion of the Attorney General.”), and Comm. of Central American Refugees v. INS, 682 F.Supp. 1055, 1064 (N.D. Cal. 1988)(“The Attorney General has the authority, conferred by statute, to choose the location for detention and to transfer aliens to that location.”). The cases referenced above were attempts by aliens to prevent the Attorney General from transferring their place of detention to another location. In this case, plaintiffs are requesting the 2 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 3 of 16 ICE to transfer them to another location, the Krome Detention Center. The same sound discretion that permits the DHS Secretary to decide that a transfer of detention to another location is appropriate, applies when the decision is made not to transfer aliens. As of January 24, 2018, Krome was at capacity. Declaration of Juan L. Acosta, D.E. 521 at 6. Further, Krome has three active Executive Office for Immigration Review courtrooms. Detained aliens who are in removal proceedings have a priority to be detained at Krome, so they can have ready access to the immigration court. In contrast, plaintiffs have completed their removal proceedings, and do not have a need to be located adjacent to the immigration court. III. EVENTS OF FEBRUARY 9, 2018 AND FEBRUARY 12, 2018 A. Warsame’s Account of Events on February 9, 2018 Plaintiffs’ motion is based upon alleged excessive force used by Glades correctional staff on Agane Warsame on Friday, February 9, 2018. D.E. 80 at 2, ¶ 3. Declaration of Agane Warsame, D.E. 80-2. He contends he was in segregation, in a cell located on the second floor. Id., ¶ 2. Lieutenant Mondragon and Officer Miller came to his cell. Id., ¶ 5. Officer Miller instructed Warsame to place his hands through the food slot in the door. Warsame contends he did so and Miller handcuffed him “very tightly.” The cuffs were digging into his skin, his hands were tingling, and starting to feel numb. Id. He claims Miller grabbed his head and pushed it down, pushing him out of the cell. Warsame was walked down the stairs to the first floor. Id., ¶ 6. When they reached the first floor, he explained the cuffs were too tight. Officers Miller and Paladino opened the door to the hallway, grabbed Warsame by the shirt, and pulled him out into the hallway. The officers grabbed Warsame’s arms on both side. According to Warsame, Lieutenant Mondragon came around in front of him and told him not to move. Id., ¶ 7. Mondragon sprayed Warsame with 3 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 4 of 16 pepper spray from about 2-3 feet away, hitting Warsame directly in his eyes. He was still cuffed and standing with both guards when this occurred. Id. Warsame began screaming when he was sprayed. The two officers lifted him off the ground, and threw him down onto the ground. He landed on his right side, hit his shoulder, hip, and back of his head. He lost consciousness. Id., ¶ 8. While he was on the ground, one guard had his knee on his neck, and the other was kneeling on his back. Id., ¶ 9. Someone placed shackles on his ankles. Id. Warsame asked to be taken to Medical, but instead was taken to Booking. Id., ¶ 11. He was taken into the shower area, where Officer Miller and Lieutenant Mondragon were present. Lieutenant Mondragon told Warsame to kneel down, and then placed his hand around his throat, choking Warsame. Mondragon made a derogatory reference to Warsame’s Somali heritage. The handcuffs and shackles were taken off Warsame, and he was in the shower for 30 minutes. When Warsame turned the water on, it felt like He was taking a shower in acid. The hot water made the burning sensation from the pepper spray even worse, and Officer Miller refused to give him soap to wash off the pepper spray. Id., ¶ 12. After the shower, Warsame was taken to Medical. Id., ¶ 14. He told the nurse he had injuries to his ankles, wrists, shoulder, hip, neck and head. The nurse did not examine him, except to take his blood pressure. Later that night, the nurse came to his cell to give him his medication. Warsame told the nurse he was in pain, but she did not examine him. After he submitted a medical grievance, the nurse returned, took his blood pressure, checked his head, and told him somebody would see him tomorrow. Id., ¶ 16. Warsame claims his left eye is damaged, and his vision is blurry and foggy. Id., ¶ 17. He is concerned he has a concussion since he has a headache and feels dizzy. He is also worried that 4 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 5 of 16 his right shoulder “is out of the socket” and might be dislocated. Id., ¶ 18. He cannot walk because of his hip, and is concerned his hip is broken. Id., ¶ 19. B. Lieutenant Edwin Mondragon Glades County Sheriff’s Office Lieutenant Edwin Mondragon is assigned to the Detention Division of the Glades County Detention Center (Glades). Exhibit A, Declaration of Lieutenant Edwin Mondragon, ¶ 1. He has been employed by the Glades County Sheriff’s Office since August 22, 2007. He is currently the Shift Commander of D-Squad, which is the evening shift which commences at 6:00 p.m. and ends at 6:00 a.m. As the Shift Commander, Lt. Mondragon’s responsibilities include the supervision of on-duty Correctional Officers and detention staff, who work within the Detention Center supervising and managing the daily operations related to the management of the incarcerated population at Glades. Id., ¶ 2. On February 9, 2018, at 6:00 p.m., Lt. Mondragon assumed the duties as Shift Commander for D-Squad at the Detention Center. Id., ¶ 6. At that time, Warsame was one of seven Somali detainees housed in the Segregation Unit at Glades. Id., ¶ 5. Warsame was housed in cell 223. At approximately 7:00 p.m., the normal scheduled activity of conducting supervised shower processes for the inmates and detainees in Segregation began. Id., ¶ 7. At approximately 8:00 p.m., Lt. Mondragon received a radio transmission from the Housing 2 supervisor, requesting Mondragon to meet her in Segregation. Lt. Mondragon proceeded to Segregation. Before he entered the unit, he could hear yelling and banging, with the cell doors being struck and kicked from the inside. Id. Lt. Mondragon entered the area and observed the yelling and banging coming from inside multiple cell areas, both upstairs and downstairs within the unit. Lt. Mondragon was briefed by the Housing Supervisor and other staff regarding the 5 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 6 of 16 events in the unit. He learned and observed multiple Somali detainees were displaying disorderly behaviors and actions within their cells, which were interfering with the showering and orderly processes within the unit. Id., ¶ 8. Warsame was identified as one of the participants in the disruptive behavior occurring in the unit. Id., ¶ 9. After speaking with two of the participants in the disturbance on the bottom floor area, Lt. Mondragon walked upstairs and began speaking with Warsame. Id., ¶ 10. He ordered Warsame to stop his disruptive behavior and actions. Warsame yelled, asking to be taken out of his cell because he could not breathe. Lt. Mondragon decided to take Warsame to another area in the facility, a holding cell in Booking, to limit his disruptive participation in the ongoing disturbance in the segregation area. Id. Lt. Mondragon instructed Warsame to comply with restraining procedures for movement to another area in the facility. Warsame placed his hands behind his back through the food tray slot, and an officer then placed handcuffs on both wrists, checked them for fit, and double locked them to prevent them from tightening. When Warsame removed his hands from the food tray slot, the door was opened. Warsame walked out of the cell unassisted and was directed to move toward the staircase for movement out of the unit. Id., ¶ 11. Two staff members moved alongside Warsame to escort him down the stairs. As the three individuals neared the bottom of the stairs, Warsame began to tense up and showed mild resistance to being escorted. Id., ¶ 12. His attempts to stop and turn during the movement were prevented by the escorting officers, and they all continued out the exit door and into the exterior housing hallway area. Once the group cleared the Segregation doorway area, Lt. Mondragon instructed the officers to stop so he could speak with Warsame. Id., ¶ 13. He stepped around the officers, moved in front of Warsame, and attempted to speak with him to counsel with him, and instruct 6 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 7 of 16 him to calm down. Warsame became more actively agitated, and stated, “What! What! What the fuck you gonna do. You gonna spray me.” Warsame then spit towards Lt. Mondragon, but missed. Id. Lt. Mondragon then administered a one-half to one-second deployment of OC spray towards Warsame’s facial area. After the OC spray was used, Warsame became combative, attempting to pull away, and kicking towards the direction of the escorting officers standing by his side. Id., ¶ 14. In order to stop Warsame’s combative behavior, physical control was used and Warsame was directed to the floor and placed in a prone position. Id., ¶ 15. Once Warsame was on the ground, Lt. Mondragon instructed the Housing Supervisor to obtain leg restraints from the Officer Station. Warsame was held in a prone position for approximately one minute. The leg restraints were placed on him, checked for fit, and double locked for safety. Id., ¶ 16. The officers helped Warsame to his feet, and he was taken to the booking area for decontamination procedures. Warsame was placed in the secured shower area and allowed to decontaminate with copious amounts of water for approximately 20 minutes in accordance with decontamination procedures. Id., ¶ 17. A representative from the Medical Department arrived and completed an initial post use of force evaluation. Id., ¶ 18. Clean clothing was issued to Warsame, and he was taken to the Medical Department to complete Post Use of Force examination. Once that process was completed, Warsame was returned to the booking holding area while other activities within the facility involving other Somali participants were completed. Id., ¶ 19. At approximately 10:40 p.m., Warsame was escorted back to the Segregation unit and placed back into a cell, without incident. 7 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 8 of 16 C. Monday, February 12, 2018 On Monday, February 12, 2018, Glades staff reported to ICE that Warsame refused to be escorted to the medical unit. The visit to the Medical Unit was a response to the sick call request that Warsame filed the day before. 1 Exhibit B, Declaration of Supervisory Detention and Deportation Officer James R. Gamboa, ¶ 4. Gamboa walked over to the Confinement Unit where Warsame was located to ask him why he no longer wished to be examined by the medical staff. Id. When he arrived, Gamboa asked the nurse, who was standing outside Warsame’s cell, what was going on. The nurse told Gamboa that Warsame refused to go to medical and was now also refusing to talk to anyone, and had covered himself with a blanket. Id. Gamboa asked the Glades staff to open the cell so he could inspect and try to determine why Warsame was no longer responding. After he entered, Gamboa gently shook Warsame’s shoulder while calling his name, and identified himself as the ICE supervisor. Gamboa pulled the blanket to uncover Warsame’s face, and again tried to gently shake him while calling his name and identifying himself. When Warsame did not respond, the nurse called for a stretcher and began to evaluate Warsame’s vital signs. Id. When the corrections officers began to lift Warsame onto the stretcher, Warsame began to moan loudly. Once on the stretcher, Warsame stopped moaning. Warsame was taken to the Medical Unit to wait for the arrival of EMS. When EMS arrived, they checked his vitals and transported him to Hendry Regional Medical Center. Warsame’s refusal to go to the Medical Unit on February 12, is odd behavior for someone who signed a sworn declaration the day before, February 11, claiming he had suffered 1 Warsame submitted Sick Call Requests on February 10 and February 11, 2018. D.E. 80-3. 8 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 9 of 16 grievous injuries on February 9. He claimed his left eye was damaged, his right ear was ringing, and he was worried that he had a concussion, D.E. 80-2, ¶ 17; he was also concerned that his right shoulder “is out of the socket,” D.E. 80-2, ¶ 18, and claimed he could not walk because of his hip, and feared his hip was broken. Id., ¶ 19. In order to visit with his attorneys, he had to ask for a wheel chair. Id. One would think that a person this concerned about his purported injuries would welcome a visit to the Medical Unit. D. Emergency Room Visit – February 12, 2018 EMS transported Warsame to the Hendry Regional Medical Center in Clewiston, Florida. He was taken to the Emergency Room with a complaint that he had been assaulted. Warsame was examined by Dr. Bernardo Kruszel. Dr. Kruszel ordered a series of diagnostic tests to determine if Warsame suffered any trauma. X-rays of his chest and right ribs revealed no right rib fracture. Emergency Room Medical Records, Exhibit C at 2. 2 X-rays of Warsame’s pelvis revealed “no acute bone abnormality.” Exhibit C at 3. A CT scan of his cervical spine revealed no acute fracture or subluxation. The radiologist’s impression was: “unremarkable cervical spine.” A CT scan of Warsame’s brain yielded findings of “no acute bleed or mass effect,” and the radiologist’s impression was “unremarkable brain.” X-rays of Warsame’s right shoulder revealed “no fracture dislocation or destructive process.” Exhibit C at 4. Warsame was discharged from the Emergency Room with instructions to rest for 48 hours, and Ibuprofen, 400 mg, every six hours with food, for pain only. Exhibit C at 7. 2 Defendants will be filing a motion to file these Emergency Room Medical Records under Seal because they contain personal information. 9 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 10 of 16 IV. THE FORCE APPLIED TO WARSAME WAS REASONABLE AND NECESSARY TO MAINTAIN INTERNAL SECURITY AND DISCIPLINE “[M]aintaining institutional security and preserving internal order and discipline are essential goals that may require limitation or retraction of the retained constitutional rights of both convicted prisoners and pretrial detainees.” Bell v. Wolfish, 441 U.S. 520, 546 (1979). The Supreme Court also recognized that prison officials have “wide-ranging deference in the adoption and execution of policies and practices that in their judgment are needed to preserve internal order and discipline and to maintain institutional security.” Id. at 547. In this case, plaintiffs claim that excessive force was used against Warsame, D.E. 80 at 3. Specifically, plaintiffs contend Warsame was pepper sprayed and beaten by officers at Glades. D.E. 80 at 3, ¶ 8. The Inmate/Detainee Disciplinary Report filed by plaintiffs, in support of their motion, indicate that on Friday, February 9, 2018, at 2000 hours (8:00 p.m.), officers could hear “yelling and banging coming out of Confinement.” D.E. 80-7. Officer Miller was speaking with detainee Fuad Dhuuh in cell 125, who was upset because the toilet in his cell would not flush. As Miller was trying to speak with Dhuuh, Warsame, who was housed in cell 223 “started to yell and kick on the door.” D.E. 80-7. Miller proceeded upstairs to Warsame’s cell to speak with him. Warsame needed a mop to clean up his cell. Miller told Warsame that kicking the door and displaying his current behavior would not get him the mop any faster. At 2030 hours (8:30 p.m.), detainee Hasan Mohammed, housed in cell 225, began banging on his door. As the time sequence shows, one detainee’s disruptive behavior in banging on his cell door led very shortly to two other detainees doing the same. The normal scheduled activity that began at 7:00 p.m. was conducting supervised shower processes for the inmates and detainees in Segregation. Mondragon Decl., ¶ 7. The disorderly behavior of multiple detainees within their cells was interfering with the showering and orderly processes within the unit. Id., ¶ 8. Lt. 10 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 11 of 16 Mondragon decided to move Warsame out of Segregation “to another area of the facility to limit his disruptive participation in the ongoing disturbance within the segregation unit.” Id., ¶ 10. After placing Warsame in handcuffs, Lt. Mondragon and two corrections officers proceeded to escort Warsame from the Segregation Unit to Booking. Id., ¶ 12. As the group was moving down the stairs, Warsame “began to tense up and showed mild resistance to being escorted.” Id. His attempts to stop and turn were prevented by the escort officers. They continued out the exit door and into the exterior housing hallway area. Once outside, Lt. Mondragon told the officers to stop, so he could speak with Warsame. Lt. Mondragon moved in front of Warsame and tried to counsel with him and instruct him to calm down. Id., ¶ 13. Warsame became more actively aggressive, cursed at Lt. Mondragon, and spit at him and missed. At that point. Lt. Mondragon administered a one-half to one second deployment of OC spray towards Warsame’s facial area. Warsame became combative, attempting to pull away and kicking towards the direction of the two corrections officers standing by his side. Id., ¶ 14. In order to stop Warsame’s combative behavior, he was directed to the floor and held in a prone position for approximately one minute. Id., ¶ 16. Lt. Mondragon instructed the Housing Supervisor to obtain leg restraints, which were placed on Warsame. He was then escorted to booking for decontamination, then taken to Medical for post use of force examination. Id., ¶ 19. Two types of force were applied to Warsame on February 9, 2018. Lt. Mondragon decided to take Warsame out of Segregation because of the disturbance he was creating. As he was being escorted to Booking, Warsame tensed up and showed mild resistance to being escorted. The two escort officers were able to prevent Warsame from stopping and turning. Once the group was in the hallway, Lt. Mondragon stopped to counsel him to calm down. 11 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 12 of 16 Warsame’s response was to curse at Mondragon and then spit at him. Warsame’s aggressive behavior and assault on Lt. Mondragon by spitting at him justified Lt. Mondragon’s use of pepper spray on Warsame. “[P]rison guards do not have the luxury or obligation to convince every inmate that their orders are reasonable and well thought-out.” Danley v. Allen, 540 F.3d 1298, 1307 (11th Cir. 2008), overruled on other grounds, Randall v Scott, 610 F.3d 701, 709 (11th Cir. 2010). Lt. Mondragon’s attempt to reason with Warsame was met by a violent outburst – cursing at Mondragon and then spitting at him. The Eleventh Circuit has recognized that “[p]rison guards may use force when necessary to restore order and need not wait until disturbances reach dangerous proportions before responding.” Bennett v. Parker, 898 F.2d 1530, 1533 (11th Cir. 1990). Similarly, “[p]epper spray is an accepted nonlethal means of controlling unruly inmates.” Danley, 540 F.3d at1307 (citations omitted). Similarly, Warsame’s response after being pepper-sprayed was to become combative by attempting to pull away and kick towards the two corrections officers standing by his side. Id., ¶ 14. In order to stop this behavior, and prevent possible injury to the officers and to Warsame, the officers placed Warsame on the ground, and placed leg restraints on him. The leg restraints were necessary to prevent him from kicking the officers; putting him in a prone position on the ground was necessary in order to properly attach the restraints to an unwilling Warsame. Warsame created a disturbance by resisting the escort officers, cursing and spitting at Lt. Mondragon, and kicking at the officers after being pepper-sprayed. “Decisions made at the scene of a disturbance to restore order are entitled to a degree of deference.” Bennett v. Parker, 898 F.2d at 1533. Further, the Eleventh Circuit observed: Because courts are not in a position to evaluate urgent problems that occur in prison administration, we do not second-guess prison officials on matters that they are better equipped to handle under the exigencies of an internal disturbance. 12 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 13 of 16 Wilson v. Blankenship, 163 F.3d 1284, 1295 (11th Cir. 1998), citing Bell v. Wolfish, 441 U.S. at 531. The force applied to Warsame on February 9, 2018 was objectively reasonable. In Kingsley v. Hendrickson, 135 S.Ct. 2466, 2473-74 (2015), the Supreme Court again noted that “[r]unning a prison is an inordinately difficult undertaking.” Id. at 2474, citing Turner v. Safley, 482 U.S. 78, 84-85 (1987), and that “safety and order at these institutions require the expertise of correctional officials, who must have substantial discretion to devise reasonable solutions to the problems they face.” Id., citing Florence v. Bd. of Chosen Freeholders of Cty. of Burlington, 132 S.Ct. 1510, 1515 (2012). Warsame was one of three detainees creating a disturbance in the Segregation Unit. Lt. Mondragon decided to take Warsame to another location in the facility, to attempt to quell the disturbance in Segregation, and allow the normally scheduled showering process to continue. Warsame became unruly by resisting the escorting officers, and when asked by Lt. Mondragon to calm down, responded by cursing and spitting at Lt. Mondragon. A one-half to one second application of pepper spray was directed at Warsame, in an attempt to quell his combative behavior. When Warsame began kicking at the escorting officers, he was placed on the ground for approximately one minute, so leg restraints could be placed on him. He was helped to his feet and taken to Booking so he could shower and decontaminate. After decontamination, he was taken to the Medical Unit for post use of force examination. In Kingsley, the Supreme Court noted that officers facing disturbances “are often forced to make split-second judgments – in circumstances that are tense, uncertain, and rapidly evolving.” 135 S.Ct. 2474, citing Graham v. Connor, 490 U.S. 386, 397 (1989). The Court added: For these reasons, we have stressed that a court must judge the 13 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 14 of 16 reasonableness of the force used from the perspective and with the knowledge of the defendant officer. We have also explained that a court must take account of the legitimate interests in managing a jail, acknowledging as part of the objective reasonableness analysis that deference to policies and practices needed to maintain order and institutional security is appropriate. Id. The force applied to Warsame was objectively reasonable. Therefore, plaintiffs’ claims of unlawful use of force are meritless. These allegations regarding the alleged unlawful use of force began with plaintiffs’ motion for emergency hearing on request for transfer, filed on Sunday night, February 11, 2018. Plaintiffs went so far to state that “the Court’s immediate intervention is necessary to protect the safety, and even the lives, of Glades detainees. Undersigned counsel is concerned that at least one Somali detainee, Agane Warsame, has been grievously injured such that he requires immediate hospitalization and that others have been severely harmed and are in imminent danger of being further harmed or killed.” D.E. 80 at 2, ¶ 3. On Monday, February 12, 2018, the same Agane Warsame refused to go to the Medical Unit, despite his claim of his right shoulder being “out of the socket,” and his belief that his hip was broken because he could not walk, such that he asked for a wheel chair so he could visit with his attorneys. D.E. 80-2 at 3. Warsame stated he “need[ed] an x-ray for my hip and my shoulder.” D.E. 80-2 at 3, ¶ 19. Without his cooperation, Warsame was taken by EMS to the Hendry Regional Medical Center for examination. At the Emergency Room, Warsame received the x-ray of his hip and shoulder that he wanted, and more. Exhibit C. X-rays were taken of his chest and right ribs; his pelvis; and his right shoulder. Additionally, CT scans were taken of Warsame’s cervical spine, and a CT scan of his brain. All of these tests indicated no fractures and no abnormalities of any kind. Warsame was discharged the same day, with instructions to rest for 48 hours, and 14 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 15 of 16 take Ibuprofen, 400 milligrams, every 6 hours, for pain only. The diagnostic examinations of Warsame at the Hendry Regional Medical Center revealed no trauma because none was inflicted upon him. All force utilized by Glades correctional officers was reasonable, measured, and lawful. CONCLUSION The DHS Secretary has broad discretion in determining where to detain aliens who are detained pending removal or a decision on removal. The Secretary’s decision to detain the 52 Somalis at Glades should not be disturbed. Plaintiffs’ motion is based largely upon the alleged mistreatment of Agane Warsame on February 9, 2018, by Glades correctional officers. That mistreatment claim is without merit. The force applied to Warsame on February 18, 2018 was prompted by his unruly and combative behavior. The force applied was necessary, reasonable, and lawful. Plaintiffs’ motion should be denied. Respectfully submitted, BENJAMIN G. GREENBERG UNITED STATES ATTORNEY By: __s/ Dexter A. Lee________________ DEXTER A. LEE Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 4th Street, Suite 300 Miami, Florida 33132 (305) 961-9320 Fax: (305) 530-7139 E-mail: dexter.lee@usdoj.gov ATTORNEY FOR DEFENDANTS CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 23, 2018, I electronically filed the foregoing 15 Case 1:17-cv-24574-DPG Document 100 Entered on FLSD Docket 02/23/2018 Page 16 of 16 document with the Clerk of the Court using CM/ECF. ___s/ Dexter A. Lee_________________ DEXTER A. LEE Assistant U.S. Attorney SERVICE LIST Farah Ibrahim, et al. v. Juan Acosta, et at., Case No. 17-24574-CIV-GAYLES United States District Court, Southern District of Florida Rebecca Sharpless Fla. Bar No. 0131024 Immigration Clinic University of Miami School of Law 1311 Miller Drive Suite E-273 Coral Gables, Florida 33146 (305) 284-3576 (direct) (305) 284-6092 (clinic) rsharpless@law.miami.edu ATTORNEY FOR PLAINTIFFS Dexter A. Lee, AUSA Office of the U.S. Attorney 99 N.E. 4th Street, Suite 300 Miami, Florida 33132 (305) 961-9320 Fax: (305) 530-7139 E-mail: dexter.lee@usdoj.gov ATTORNEY FOR DEFENDANTS 16 Case 1:17-cv-24574-DPG Document 100-1 Entered on FLSD Docket 02/23/2018 Page 1 of 6 GOVERNMENT EXHIBIT A Case Document 100-1 Entered on FLSD Docket 02/23/2018 Page 2 of 6 GLADES COUNTY OFFICE GLADES COUNTY DETENTION CENTER MOORE HAVEN, FLORIDA DECLARATION OF LIEUTENANT EDWIN MONDRAGON I, Lt. Edwin Mondragon, declare as follows: 1. I am employed by the Glades County Sheriff?s Of?ce. I am currently work within the Detention Division of the Glades County Detention Center (Glades) where I am assigned as the Shift Commander of D-Squad. This particular assignment is an evening shift with tours of duty commencing at 6pm until 6am on a bi-weekly rotating schedule. I have been employed with the Glades County Sheriff?s Of?ce since August 22, 2007. 2. My responsibilities as Shift Commander includes, among other tasks, the supervision of on duty Correctional Of?cers and detention staff, who work within the con?nes of the Detention Center supervising and managing the daily operations related to the management of the incarcerated population housed at the facility. 3. The Glades County Detention Center provides bed space housing and detention operations for ICE detainees pending removal under the jurisdictional control and authority of The Department of Homeland Security, Federal inmates pending Federal criminal proceedings under the jurisdictional control and authority of the United States Marshal?s Service and Glades County inmates pending local criminal proceedings under the jurisdictional control and authority Glades County Sheriff?s Of?ce. 4. This declaration is based upon my personal knowledge of the events that occurred involving ICE Detainee Agane Warsame on the evening of February 9, 2018. EH Case Document 100-1 Entered on FLSD Docket 02/23/2018 Page 3 of 6 Agane Mohamed WARSAME February 9, 2018 Incident 5. The Glades County Detention Center is currently Housing 51 Somali ICE detainees. On February 9, 2018, ICE Detainee Agane Mohamed Warsame was one of seven Somalin detainees housed in the Segregation Unit at the Glades County Detention Center. Detainee Warsame was housed in cell 223 within the Unit, under the classi?cation of Protective Custody status per his own request submitted January 26, 2018. (see item 1 GSCO Form 187, ?Protective Custody Request?) 6. On February 9, 2018 at 6pm, I assumed duties as the Shift Commander for D- Squad at the Detention Center. 7. On February 9, 2018, at approximately 7pm, the normal scheduled activity of conducting supervised shower processes for the inmates and detainees housed within segregation began. At approximately 8pm, I received a radio transmission from the Housing 2 Supervisor requesting me to meet with her in segregation. I left my work area and proceeded to the location. Before I entered the segregation environment, I could hear yelling and banging (cell doors being struck and kicked from the inside) coming from the Unit. I entered the area and observed the yelling and banging coming from inside multiple cell areas, both upstairs and down stairs within the unit. The Housing Supervisor and other staff present briefed me concerning the current events and conditions within the unit. I learned and observed multiple Somalian detainees were displaying disorderly behaviors and actions within their cells, which was causing interference with the showering and orderly processes within the unit. 9. Detainee Agane Warsame was one of the identi?ed participants in the disruptive behavior taking place in the unit. He was housed in upper tier cell 223. EM Case Document 100-1 Entered on FLSD Docket 02/23/2018 Page 4 of 6 10. After completing interaction with two other disturbance participants on the bottom ?oor area, I walked upstairs to begin speaking with detainee Warsame and ordered him to stop his disruptive behavior and actions. Detainee Warsame was yelling, ?Get me the fuck out of here, I can?t breathe.? I instructed detainee Warsame to comply with restraining procedures for movement to another area of the facility to limit his disruptive participation in the ongoing disturbance within the segregation unit. The initial objective was to place him in a holding cell in Booking. He submitted to being restrained without incident. Warsame placed his hands behind his back through the food tray slot, an of?cer then placed handcuffs on both wrists, checked for ?t and double locked them to prevent them from tightening. Detainee Warsame then removed his hands from the food tray slot and the door was opened. 11. Detainee Warsame walked out of the cell unassisted and was directed to move towards the staircase for movement out of the unit. 12. Two staff members moved alongside detainee Warsame to escort him down the stairs. As staff and detainee Warsame neared the bottom of the stairs, he began to tense up and showed mild resistance to being escorted. His attempts to stop and turn during the movement was prevented by the escorting of?cers and we all continued out the exit door and into the exterior housing hallway area. 13. Upon clearing the segregation doorway area, I instructed the of?cers to stop so I could speak to detainee Warsame. I stepped around the of?cers, moved in front of him, and attempted to counsel with him and instruct him to calm down. Detainee Warsame became more actively aggressive and stated, ?What! What! What the fuck you gonna do. You gonna spray me? and then he spit towards me, but missed. I then administered a one-half to one-second deployment of OC spray from a department issued MK3 OC streamer canister towards his facial area. EM Case Document 100-1 Entered on FLSD Docket 02/23/2018 Page 5 of 6 14. 15. 16. 17. 18. 19. 20. 21. Immediately after the deployment of the 0C spray, Detainee Warsame became combative, attempting to pull away and kicking towards the direction of the escorting staff standing by his side. A spontaneous use of physical control became necessary to stop the combative behavior. Detainee Warsame was directed to the ?oor and held in a prone position. Once on the ground I instructed the Housing Supervisor to retrieve leg restraints from the Of?cer Station. Detainee Warsame was held in a prone position by staff for approximately 1 minute. We then placed the leg restraints on him, checked them for ?t and double locked them for safety. We assisted him to his feet and I accompanied the escorting of?cers and detainee Warsame to the booking area for decontamination procedures. Detainee Warsame was placed in the secured shower area in booking at approximately 8:22pm and allowed to decontaminate with copious amounts of water for approximately 20 minutes in accordance to decontamination procedures. A representative from the Medical Department arrived and completed an initial post use of force evaluation. Clean clothing was issued to detainee Warsame and he was escorted to the Medical Department to complete the Post Use of Force examination. Upon completion of that process, he was returned to the booking holding area while other operational activities within the facility, involving other Somalin participants were completed. At approximately 10:40 pm, detainee Warsame was escorted back to the segregation unit and placed back into a cell, without incident. All required Command Staff and ICE noti?cations were completed. All involved staff were medically evaluated and all required reports and documentation was completed. EM Case Document 100-1 Entered on FLSD Docket 02/23/2018 Page 6 of 6 22. Detainee Warsame received a Disciplinary Report for rule Violation 199- Conduct that disrupts or interferes with the security or orderly running of the facility. I declare under penalty of perjury that the foregoing is true and correct. g? M2. Lt. Edwin 0nd on Shift Corn and Glades County Sheriff?s Of?ce Center Glades County Detention Center Executed this 20 day of February, 2018. Case 1:17-cv-24574-DPG Document 100-2 Entered on FLSD Docket 02/23/2018 Page 1 of 4 GOVERNMENT EXHIBIT B Case Document 100-2 Entered on FLSD Docket 02/23/2018 Page 2 of 4 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Farah Ibrahim, et al., Plaintiffs/Petitioners v. Case No: l7-24574 Juan Acosta, Assistant Field Of?ce Director, Miami Field Of?ce, Immigration and Customs Enforcement, et al., Respondents. DECLARATION OF SUPERVISORY DETENTION AND DEPORTATION OFFICER JAMES R. GAMBOA l, James R. Gamboa, Supervisory Detention and Deportation Of?cer for the Miami Field Of?ce of Enforcement and Removal Operations of the U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, hereby declare: l. I am a Supervisory Detention and Deportation Of?cer for Enforcement and Removal Operations (ERO), Immigration and Customs Enforcement (ICE), U.S. Department of Homeland Security. 1 am the Detention and Detained Case Management supervisor for the Glades County Detention Center (Glades) in Moore Haven, Florida. Ix.) Detained aliens who are in exclusion, deportation, or removal proceedings under the Immigration and Nationality Act are detained at Service Processing Centers or other detention locations under the authority of ICE, as are aliens who are pending appeal results from the Board of Immigration Appeals, or aliens with administrative ?nal orders of removal who are being processed for removal to their native countries. Case Document 100-2 Entered on FLSD Docket 02/23/2018 Page 3 of 4 3. I am aware of the case of Agane Warsame, based upon my personal knowledge, review of the administrative file, and/or the information contained in electronic detained case management system. 4. On February 12, 2018, Glades staff reported to ICE that detainee Warsame refused to be escorted to the medical unit in response to a sick call request Warsame ?led the day before. I walked over to the Con?nement Unit where Warsame is being housed to ask him why he no longer wished to be examined by the medical staff. When I arrived at the unit I asked the nurse, who was standing outside of his cell, what was going on. The nurse stated that he had refused to go to medical and was now also refusing to talk to anyone and has covered himself with a blanket. I had Glades staff open the cell to inspect and try to determine why Warsame was no longer responding. After I entered the cell I gently shook Warsame?s shoulder while calling his name and identi?ed myself as the ICE supervisor. I then pulled the blanket to uncover his face and again tried to gently shake Warsame while calling his name and identifying myself. When Warsame did not respond the nurse called for a stretcher and began to evaluate Warsame?s vital signs. When the corrections of?cers began to lift Warsame onto the stretcher Warsame began to moan loudly. Once on the stretcher Warsame stopped moaning. Warsame was then taken to the medical unit to wait for EMS to arrive. When EMS arrived they checked his vitals and then transported Warsame to the Hendry Regional Medical Center. Warsame was not admitted to the hospital and was returned to Glades later that day. Case Document 100-2 Entered on FLSD Docket 02/23/2018 Page 4 of 4 I declare no der penalty 01 perjury that the foregoing is true and correct Dated: February 21, 2018. . . uperws Ietentlon and Deportation Of?cer LAJ