Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 1 of 11 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 RAQUEL MARTINEZ DIAZ and VIACHESLAV POLIAKOV, 10 11 v. 12 NO. Plaintiffs, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; RONALD D. VITIELLO, Deputy Director and Acting Director of U.S. Immigration and Customs Enforcement; UNITED STATES DEPARTMENT OF HOMELAND SECURITY; KIRSTJEN NIELSEN, Secretary of Homeland Security of the United States Department of Homeland Security; CYNTHIA MUNITA, Director of the Seattle Field Office of U.S. Immigration and Customs Enforcement; BRYAN S. WILCOX, Seattle Field Office Director of U.S. Immigration and Customs Enforcement; WILLIAM PENALOZA, Assistant Field Office Director, Seattle Field Office of U.S. Immigration and Customs Enforcement, and DOES 1 – 10. 13 14 15 16 17 18 19 20 21 22 23 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Defendants. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 1 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 2 of 11 1 2 3 I – INTRODUCTION 1. The Plaintiffs are being held at the Northwest Detention Center under the custody of Defendant Immigration Customs Enforcement (“ICE”). 4 2. Plaintiffs, who are without any economic or social power, sought to 5 exercise their First Amendment rights of free speech, assembly and petitioning 6 the government about U.S. immigration policies and the conditions of their 7 forced detentions at the Northwest Detention Center. 8 9 3. ICE, and its parent agency, Defendant Department of Homeland Security (“DHS”) have retaliated against, and acted arbitrarily toward, people 10 detained at the Northwest Detention Center for exercising their right of free 11 speech, right to petition the government, and right to peaceably assemble. 12 4. ICE and DHS are threatening to retaliate against Plaintiffs for 13 exercising their right of free speech, right to petition the government, and right 14 to peaceably assemble. 15 II – JURISDICTION 16 5. This Court has subject-matter jurisdiction over this matter under 28 17 U.S.C. § 1331 (federal question) and 28 U.S.C. §§ 2201 and 2202 (declaratory 18 relief). 19 III – VENUE 20 6. Venue is proper in the Western District of Washington under 28 U.S.C. 21 §§ 1391(b) and (e) because a substantial part of the events and omissions giving 22 rise to Plaintiff’s claims occurred, and continue occur, in this District. 23 IV – PARTIES COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 2 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 3 of 11 1 2 Detention Center in Tacoma, Washington, by ICE. 3 4 7. Plaintiff Raquel Martinez Diaz is being held in custody at the Northwest 8. Plaintiff Viacheslav Poliakov is being held in custody at the Northwest Detention Center in Tacoma, Washington, by ICE. 5 9. Defendant ICE is a federal law enforcement agency within DHS. ICE is 6 responsible for the criminal and civil enforcement of the immigration laws, 7 including detention, incarceration, and removal of immigrants. ICE discharges its 8 responsibility for incarceration of immigrants by (1) promulgating detention 9 standards to be followed in the facilities in which immigrants are being held 10 pending removal hearings, and (2) contracting with the government entities and 11 private corporations that operate detention facilities, including the Northwest 12 Detention Center. Enforcement and Removal Operations (“ERO”), a division of 13 ICE, manages and oversees the immigration detention system. ICE contracts 14 with the GEO Group, Inc., to handle the daily operations for the Northwest 15 Detention Center. 16 10. Defendant Ronald D. Vitiello is Deputy Director and Acting Director of 17 ICE. As Deputy Director and Acting Director, Defendant Vitiello is responsible for 18 ICE’s policies, practices, and procedures, including those relating to the detention 19 of immigrants during their removal procedures. 20 21 11. Defendant ICE is the arm of the federal government responsible for the enforcement and administration of immigration laws. 22 23 12. Defendant Kirstjen Nielsen is the Secretary and highest ranking member of DHS. As Secretary of DHS, Defendant Nielsen is the Secretary and COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 3 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 4 of 11 1 highest-ranking member of DHS. As Secretary of DHS, Defendant Nielsen is 2 responsible for DHS’s policies, practices, and procedures and exercises authority 3 and oversight over ICE. 4 13. Defendant Cynthia Munita is Field Office Director for the Seattle Field 5 Office of ICE. The Seattle Field Office is responsible for carrying out ICE’s 6 immigration detention and removal operations in Alaska, Oregon, and 7 Washington State. As Director, Defendant Munita oversees the Seattle Field 8 Office’s functions and implementations of its detention standards. 9 10 14. Defendant Bryan Wilcox is the Deputy Field Office Director for the Seattle Field Office of ICE. 11 12 15. Defendant William Penaloza is the Assistant Field Office Director for Detention in the Seattle Field Office of ICE. 13 16. As Field Office Director, Deputy Field Office Director, and Assistant 14 Field Office Director, Defendants Munita, Wilcox, and Penaloza oversee the 15 Seattle Field Office’s function and implementation of ICE detention standards at 16 the Northwest Detention Center. 17 18 17. Defendants Vitiello, Nielson, Munita, Wilcox, and Penaloza are sued only in their official capacities. 19 18. In addition to the foregoing ICE agents and officials, unknown named 20 ICE agents and officials are sued herein in their official capacities under fictitious 21 names as Does 1 – 10 because their true names, titles, capacities, and/or degree 22 of responsibility for the acts alleged herein are unknown to Plaintiffs at this time. 23 When Plaintiffs ascertain this information they will amend this Complaint COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 4 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 5 of 11 1 2 accordingly. Does 1 – 10 include but are not limited to, ICE officials and supervisors, and immigration enforcement agents. 3 V – FACTS 4 19. On August 21, 2018, Plaintiff Viacheslav Poliakov went on hunger 5 strike to express his beliefs, and raise awareness regarding inhuman conditions 6 at the Northwest Detention Center (“NWDC”) to ask the government to make 7 changes. 8 9 20. On August 30, 2018, Plaintiff Raquel Martinez Diaz began hunger striking. 10 21. By September 2, 2018, there were over 60 people on hunger strike 11 inside the NWDC. Through hunger striking they sought to raise awareness about 12 conditions in the NWDC, to petition the government to make changes, and to 13 express their beliefs that this country’s immigration policies result in injustices 14 upon immigrant families and communities. 15 16 22. Upon information and belief, the detainees voluntarily engaged in the hunger strikes and did not force others to join them. 17 18 23. The hunger strike was peaceful and did not disrupt the operation of the NWDC. 19 24. The NWDC guards responded by ordering the hunger strikers not to 20 go on hunger strike and not to tell others to join in the hunger strike. The 21 guards threatened solitary confinement (“the hole”), isolation, forced feeding, 22 write ups, “freezing” the detainee’s court processes, and problems for their 23 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 5 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 6 of 11 1 2 immigration cases. In the hole, people are locked up alone in a little cell, allowed only three showers a week, and denied access to phone calls, radio, etc. 3 25. Defendants have a history of retaliating, threatening, bullying, 4 intimidating, and scaring people at NWDC who express their beliefs through 5 hunger strikes, including putting people in isolation. 6 26. The guards’ threats caused the hunger strikers to fear continuing the 7 hunger strike. As a result of the threats, some hunger strikers ended their 8 hunger strikes and started eating. 9 27. The guards placed some of those who continued the hunger strike 10 almost immediately (and others shortly afterward) into isolation and solitary 11 confinement for 30 days, sent others to different units where they could not see 12 or communicate with each other about the hunger strike, and the guards 13 threatened others on hunger strike (including Plaintiffs). 14 28. On September 7, 2018, several hunger strikers were sentenced to 30 15 days in the hole. The written justification (“prohibited act”) Defendants gave for 16 the sentence (of at least one the hunger strikers on September 7) was 17 “Engage/incite group demon.” 18 19 29. The guards threatened Plaintiff Martinez Diaz with write ups (problems for her immigration case) and forced feeding. 20 30. The guards threatened Plaintiff Poliakov with force feeding. The 21 guards have put Plaintiff Poliakov in solitary confinement, and are keeping him 22 isolated, denying him access to the library, church, and (on at least one 23 occasion) legal counsel. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 6 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 7 of 11 1 31. The threats, retaliation, bullying, intimidation, putting people in 2 isolation, and segregating people discourages them from continuing with the 3 hunger strike and discourages and prevents other detainees from joining the 4 hunger strike, and in fact has led to people ending their hunger strike. 5 6 32. ICE’s policy on hunger strikes does not permit NWDC to place hunger striking detainees in solitary confinement for engaging in hunger strikes. 7 8 VII – FIRST CAUSE OF ACTION: VIOLATION OF FREEDOM OF EXPRESSION 9 33. Plaintiffs incorporate Paragraphs 1 – 32 (above) herein by reference. 34. The First Amendment guarantees Plaintiffs the right of freedom of 10 11 speech and freedom of expression. Plaintiffs exercised their right to these 12 protected freedoms by engaging in a hunger strike to express their views about 13 national immigration policies and how detainees were being treated at the 14 NWDC. 15 35. Defendants violated Plaintiffs’ right of freedom of speech and 16 freedom of expression by threatening force feeding, threatening solitary 17 confinement, segregating hunger strikers, and threatening write ups, all in 18 retaliation for their free speech activities. 19 36. Defendants violated Plaintiff Poliakov’s right of freedom of speech by 20 putting him into solitary confinement (and taking away “privileges”) in retaliation 21 for his free speech activities. 37. Force feeding Plaintiffs would violate Plaintiffs’ right of freedom of 22 23 speech and freedom of expression. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 7 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 8 of 11 1 2 expression. 3 4 38. Defendants actions chilled Plaintiffs’ right to freedom of speech and 39. Defendants actions did not reasonably advance a legitimate institutional goal. 5 40. Plaintiffs have suffered, and continue to suffer, irreparable injuries as 6 a result of Defendants’ policies, practices, and omissions and are entitled to 7 injunctive relief to avoid further injury. 8 VIII – SECOND CAUSE OF ACTION: VIOLATION OF RIGHT TO PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES 9 10 41. Plaintiffs incorporate Paragraphs 1 – 40 (above) herein by reference. 11 42. The First Amendment guarantees Plaintiffs the right to petition the 12 government for redress of grievances. 43. Defendants violated Plaintiffs’ right to petition the government by 13 14 threatening force feeding, threatening solitary confinement, segregating hunger 15 strikers, and threatening write ups, all in retaliation for their attempts to bring 16 their grievances to light. 44. Defendants threats and actions chilled Plaintiffs’ right to freedom of 17 18 speech and expression. 45. Defendants actions did not reasonably advance a legitimate 19 20 institutional goal. 46. Plaintiffs have suffered and continue to suffer irreparable injuries as a 21 22 result of Defendants’ policies, practices, and omissions, and are entitled to 23 injunctive relief to avoid further injury. COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 8 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 9 of 11 1 IV – THIRD CAUSE OF ACTION: VIOLATION OF RIGHT TO PEACEABLY ASSEMBLE 2 47. Plaintiffs incorporate Paragraphs 1 – 46 (above) herein by reference. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 42. The First Amendment guarantees Plaintiffs the right to peaceably assemble. 43. Defendants violated Plaintiffs’ right to peaceably assemble by threatening force feeding, threatening solitary confinement, segregating hunger strikers, and threatening write ups, all in retaliation for their attempts to bring their grievances to light. 44. Defendants threats and actions chilled Plaintiffs’ right to peaceably assemble. 45. Defendants actions did not reasonably advance a legitimate institutional goal. 46. Plaintiffs have suffered and continue to suffer irreparable injuries as a result of Defendants’ policies, practices, and omissions and are entitled to injunctive relief to avoid further injury. PRAYER FOR RELIEF 17 WHEREFORE Plaintiffs request that the Court: 18 19 20 21 22 23 1. Issue a temporary restraining order and preliminary relief enjoining defendants from force feeding Plaintiffs (as long as they have capacity to give or withhold consent); 2. Issue a temporary restraining order and preliminary relief enjoining the Defendants, their subordinates, agents, employees, and all other acting in concert with them from threating adverse action (including segregation, COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 9 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 10 of 11 1 isolation, and separation) based upon Plaintiffs or other hunger strikers, or 2 others similarly situated engaging in protected First Amendment activities 3 including hunger striking; 4 3. Issue a temporary restraining order and preliminary relief enjoining the 5 Defendants, their subordinates, agents, employees, and all others acting in 6 concert with them from incarcerating the Plaintiffs, other hungers strikers and 7 those similarly situated in administrative segregation, solitary confinement or 8 isolation (and taking other adverse actions) based upon the Plaintiffs engaging in 9 First Amendment Activities, and specifically including engaging in a hunger 10 strike; 11 4. Issue a permanent injunction prohibiting Defendants, their 12 subordinates, agents, employees, and all others acting in concert with them from 13 taking adverse action actions (including forced feeding, segregation, separation, 14 and isolation) against Plaintiffs, hunger strikers, and those similarly situated, 15 based upon Plaintiffs engaging in First Amendment Activities, specifically 16 including hunger striking; 17 5. Issue an order declaring the rights and obligations of the parties; and 18 6. Grant such further relief as the Court deems just and proper. 19 /// 20 21 22 23 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 10 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com Case 2:18-cv-01356-BHS-TLF Document 1 Filed 09/13/18 Page 11 of 11 1 Dated this 13th day of September, 2018. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Y. Junga Subedar Attorney for Plaintiff Viacheslav Poliakov By: _/s/ Y. Junga Subedar________ Y. Junga Subedar, WSBA No. 35147 whatcomcivilrights@gmail.com P.O. Box 2444 Bellingham, WA 98227 360-734-0217 AND Law Office of Edward S. Alexander, P.S. Attorney for Plaintiff Raquel Martinez Diaz By: __/s/ Edward S. Alexander_______ Edward S. Alexander, WSBA No. 33818 Edward@ESALawoffice.com 114 W. Magnolia Street, Suite 400 Bellingham, WA 98225 360-392-2872 16 17 18 19 20 21 22 23 COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF Y. Junga Subedar P.O. Box 2444, Bellingham, WA 98227 Tel: 360-734-0217, Email: whatcomcivilrights@gmail.com Page 11 Edward S. Alexander Law Office of Edward S. Alexander, P.S. 114 W. Magnolia, Ste. 400, Bellingham, WA 98229 Tel: 360-392-2872, Email:Edward@ESALawOffice.com