ORTEGA v. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

No. 12-6608.

737 F.3d 435 (2013)

Richard ORTEGA, Plaintiff-Appellant, v. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 10, 2013.


Attorney(s) appearing for the Case

ARGUED: Brittany Sadler , William & Mary Law School, Williamsburg, Virginia, for Appellant. J. Max Weintraub , United States Department of Justice, Washington, D.C., for Federal Appellees. Stephen P. Durham , Jefferson County Attorney's Office, Louisville, Kentucky, for Louisville/Jefferson County Appellees. ON BRIEF: Tillman J. Breckenridge , Reed Smith LLP, Washington, D.C., for Appellant. J. Max Weintraub , United States Department of Justice, Washington, D.C., for Federal Appellees. Stephen P. Durham , Jefferson County Attorney's Office, Louisville, Kentucky, for Louisville/Jefferson County Appellees.

SUTTON, J., delivered the opinion of the court, in which BLACK, D.J., joined. KEITH, J. (pp. 10-13), delivered a separate dissenting opinion.


OPINION

SUTTON, Circuit Judge.

The United States Immigration and Customs Enforcement agency mistakenly issued a detainer for Richard Ortega. Sent to the Louisville Metro Department of Corrections, the detainer informed the local prison authorities that the immigration agency was investigating whether Ortega, then serving a home-confinement sentence, could be removed from the United States. Based on the detainer, the department moved Ortega to a local prison...

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