Opinion

Morales-Alfaro v. CoreCivic, Inc.

Court
District Court, S.D. California
Filed
Jan 15, 2020
Cited by
0 cases
Authority
More cited than 19.0%

standing requires showing 9 of “real or immediate threat” of being subject to challenged practices

How later courts described this case

  • standing requires showing 9 of “real or immediate threat” of being subject to challenged practices
  • holding that a prisoner’s release from 13 custody generally moots claim for injunctive relief based on prison conditions, 14 unless a class action has been certified

Written by the judges who cited it.

The opinion

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8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

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11 RUBIA MABEL MORALES- Case No.: 20cv82-LAB (BGS)

ALFARO

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ORDER OF DISMISSAL

Plaintiff,

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v.

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UNITED STATES DEPARTMENT

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OF HOMELAND SECURITY, et

16 al.

17 Defendants.

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20 Plaintiff Rubia Mabel Morales-Alfaro, who is represented by counsel, filed a

21 complaint against the U.S. Department of Homeland Security, various federal

22 officers in their official capacities, and CoreCivic, sued as the Corrections

23 Corporation of America, Inc.

24 Morales-Alfaro, a Salvadoran national who is currently in the U.S. on

25 immigration bond, brings claims arising from conditions of confinement at the Otay

26 Mesa ICE Detention Center. She was pregnant when she applied for asylum, and

27 suffered a miscarriage while in custody. The complaint identifies diversity as the

28 basis of jurisdiction, alleging that Defendants are citizens of the District of

1 Columbia, Maryland, and Tennessee and that Morales-Alfaro currently resides in

2 Arkansas.

3 Morales-Alfaro brings claims against all Defendants based on violations of

4 the U.S. Constitution’s Fifth and Fourteenth Amendments (claims one and two),

5 and against CoreCivic based on various theories of negligence under California

6 law (Claims three, four, and five). She seeks compensatory and punitive damages,

7 as well as unspecified injunctive and equitable relief.

8 The Court is inquired to confirm its own jurisdiction, sua sponte if necessary,

9 whenever a doubt arises. Mt. Healthy City School Dist. Bd. of Ed. v. Doyle, 429

10 U.S. 274, 278 (1977). As the party invoking the Court’s jurisdiction, Morales-Alfaro

11 bears the burden of establishing it. See Steel Co. v. Citizens for a Better Env’t,

12 523 U.S. 83, 103–04 (1998). Among other things, she is required to include in her

13 complaint a “short and plain statement of the grounds for the court’s jurisdiction

14 . . . .” Fed. R. Civ. P. 8(a).

15 Jurisdiction

16 Diversity

17 Diversity jurisdiction is impossible here, in part because diversity jurisdiction

18 does not lie against federal agencies, which are not citizens of any state. See

19 Hancock Fin. Corp. v. Fed. Sav. & Loan Ins. Corp., 492 F.2d 1325, 1329 (9th Cir.

20 1974).

21 Sovereign Immunity

22 Absent a waiver, the United States and its agencies enjoy sovereign

23 immunity from suit. Loeffler v. Frank, 486 U.S. 549, 554 (1988). The same is true

24 of federal officers sued in their official capacities. Nurse v. United States, 226 F.2d

25 996, 1004 (9th Cir. 2000). Sovereign immunity is jurisdictional, and the

26 government’s consent to being sued is a prerequisite for jusidiction. United States

27 v. Mitchell, 463 U.S. 206, 212 (1983). Because the complaint does not allege

28 waiver of sovereign immunity for the Department of Homeland Security or any of

1 the officers — all of whom are sued in their official capacities — the complaint fails

2 to establish subject matter jurisdiction over any claims against them.

3 Although Morales-Alfaro seeks injunctive relief, she has not pled facts

4 reasonably suggesting she has standing to do so. See Lujan v. Defenders of

5 Wildlife, 504 U.S. 555, 561 (1992). She had already been released on bond when

6 she filed this action, and has not alleged facts she is reasonably likely to be

7 returned to a detention center at all, much less one operated by CoreCivic. See

8 City of Los Angeles v. Lyons, 461 U.S. 95, 111 (1983) (standing requires showing

9 of “real or immediate threat” of being subject to challenged practices). Nor has she

10 alleged she is reasonably likely to be in need of medical care in such a facility. She

11 has not brought this as a class action, nor is it clear she could do so. See Dilley v.

12 Gunn, 64 F.3d 1365, 1368 (9th Cir. 1995) (holding that a prisoner’s release from

13 custody generally moots claim for injunctive relief based on prison conditions,

14 unless a class action has been certified); Lierboe v. State Farm Mut. Auto Ins. Co.,

15 350 F.3d 1018, 1022–23 (holding that class representatives must have standing

16 to bring all claims by the putative class they purport to represent).

17 Other Defects

18 The Court might have jurisdiction over claims against CoreCivic, although

19 the complaint fails to articulate a comprehensible theory of liability against it. While

20 the Court is not conducting a screening, Morales-Alfaro should consider these

21 issues if she amends her complaint.

22 CoreCivic was allegedly acting on behalf of the federal government, not

23 under color of state law. The complaint does not clearly explain whether it

24 CoreCivic being sued as a federal actor or as a private corporation, or under what

25 theory it would be liable. According to the complaint, the claims arise under both

26 the U.S. and California constitutions, under unspecified federal and state law, and

27 under 42 U.S.C. §§ 1981 and 1983.

28 / / /

1 Morales-Alfaro is not bringing any kind of race-based claim under § 1981.

2 See Gay v. Waiters’ & Dairy Lunchmen’s Union, Local No. 30, 694 F.2d 531, 536

3 (9th Cir. 1982) (section 1981 claims limited to prohibition of racial discrimination).

4 Because CoreCivic was a federal contractor operating a federal detention center

5 under the auspices of the U.S. government, it was not acting under state law for

6 purposes of § 1983. Nor can Morales-Alfaro bring claims against it under a Bivens

7 theory. Correctional Servs. Corp. v. Malesko, 534 U.S. 61 (2001) (holding that

8 Bivens action does not lie against private entities acting under color of federal law).

9 The complaint alleges that when imposing harsh conditions in the detention

10 center and in detaining pregnant women, CoreCivic was carrying out long-standing

11 federal policy. (Complaint, ¶¶ 31–49.) These, of course, are not subject to state

12 regulation, including by state tort law. See, e.g., Boyle v. United Technologies

13 Corp., 487 U.S. 500, 507–12 (1988). The complaint goes on to allege other

14 negligent practices not required by federal policy, or even permitted by federal

15 policy. But the complaint appears to blame federal policies in great part for

16 Morales-Alfaro’s injuries, and do not delineate between deprivations caused by

17 adherence to federal policy and negligent deprivations. (See, e.g., Complaint,

18 ¶¶ 89 (blaming CoreCivic for denial of medical care); 94, 98 (blaming federal policy

19 for denial of medical care).)

20 Finally, the complaint does not correctly identify CoreCivic as a Defendant.

21 See Fed. R. Civ. P. 10(a). The caption says Morales-Alfaro is suing the Corrections

22 Corporation of America, Inc., which is CoreCivic’s former name. The body of the

23 complaint, however, refers exclusively to CoreCivic.

24 Conclusion and Order

25 The complaint is DISMISSED WITHOUT PREJUDICE for failure to invoke

26 the Court’s jurisdiction. Within 21 calendar days of the date this order is entered

27 in the docket, Morales-Alfaro may file an amended complaint that complies with

28 Fed. R. Civ. P. 8(a). Specifically, she must include a short and plain statement

1 || showing that the Court has jurisdiction to entertain her claims, and must plead facts

2 ||to support jurisdiction. The caption of any amended complaint must correctly

3 || identify CoreCivic as a Defendant.

4 If Morales-Alfaro does not file an amended complaint within the time

5 ||permitted, this action may be dismissed for failure to prosecute. Failure to remedy

6 ||defects that have been pointed out to her may be construed as an admission that

7 those defects cannot be corrected.

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9 IT IS SO ORDERED.

10 ||Dated: January 15, 2020

11 / rt 4 G Ye

12 Honorable Larry Alan Burns

43 Chief United States District Judge

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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