Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, May 10, 2012

Bivens action survives summary dismissal

Ortega v. ICE, 2012 WL 1493874 (W.D. Ky, Apr. 27, 2012) (unpublished).

A USC was serving a sentence of home confinement.  ICE issued a detainer because it thought he was an illegal alien.  As a result, he was taken from home and jailed for several days.  He filed a Bivens action.  The court dismissed some of the parties on qualified immunity grounds but allowed the suit to go forward against other, unnamed, officers.

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