Friday, October 5, 2018

Judge Dolly Gee Appoints A Special Master, Under Flores Decree... In Los Angeles (With Nationwide Effect)


The other shoe fell this afternoon (just as we predicted it would last week), in the saga of the families unlawfully detained and separated at our southern border.

Here is the full 25 page PDF of the order -- and a bit:

. . . .ORDER APPOINTING SPECIAL MASTER/INDEPENDENT MONITOR by Judge Dolly M. Gee:

On 6/27/2017, the Court granted in part and denied in part Plaintiffs' Motion to Enforce and Appoint a Special Monitor [201], [363]. On 7/27/2018, the Court held a status conference to discuss whether the Court should appoint an Independent Monitor [469]. On 7/30/2018, the Court found that the Office of Refugee Resettlement breached the Flores Agreement [470]. Because of the complexity of the Flores Agreement, the Court's findings of non-compliance, and ongoing disputes between the parties relating to the implementation of the Flores Agreement, the Court finds that the appointment of a Special Master and Independent Monitor is warranted. The Court hereby appoints Andrea Sheridan Ordin as the Special Master/Independent Monitor ("the Monitor"). The Court appoints the Monitor for a term of 12 months commencing on 10/17/2018. See document [below] for further details. . . .

In particular, the Court found that: (1) conditions at the U.S. Customs and Border Protection (“CBP”) stations in the Rio Grande Valley sector (“RGV” sector) did not comport with Paragraph 12A of the Flores Agreement; (2) Defendants violated Paragraph 24D of the Agreement by failing to provide Class Members with a list of legal services and the Notice of Right of Judicial Review; (3) Defendants violated Paragraphs 14, 18, 19, and 23 of the Agreement by failing to make and record continuous efforts to release Class Members and place them in non-secure, licensed facilities; and (4) Defendants violated Paragraphs 12A and 14 of the Agreement by failing to release Class Members without unnecessary delay and/or timely place Class Members in licensed facilities. See id. at 33–34. Instead of granting Plaintiffs’ request to appoint an Independent Monitor at that time, the Court indicated it would appoint a Juvenile Coordinator consistent with Paragraph 28A of the Flores Agreement. . . .


Now you know. Onward, to justice. Today the City of Big Shoulders delivered delayed justice -- but justice -- to LaQuan's murderer. 30 years. Onward. Ever... Onward.

नमस्ते

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