Dist. Ct. erred in entering Stipulated Final Judgment Order in plaintiff’s section 1983 action, alleging that defendants-County police officials violated his 4th Amendment rights by detaining him after resolution of his traffic offense for purpose of cooperating with ICE officials who had previously requested that plaintiff be detained so that they could resolve plaintiff’s immigration issues, where said Order contained permanent injunction precluding defendants from cooperating with ICE official who do not have at time of detention request warrants establishing probable cause on criminal offense. Plaintiff failed to establish case or controversy with defendants to support issuance of permanent injunction, where plaintiff incurred only single incident, and where plaintiff failed to show likelihood that he would experience another incident given fact that he did not live in defendant’s County. As such, plaintiff could not seek and Dist. Ct. could not order instant permanent injunctive relief. Also, Dist. Ct. erred in denying State of Indiana’s motion to intervene that was filed within 30 days after entry of instant Order. State demonstrated that it had direct and significant interest in defending state statute that allowed defendants to cooperate with ICE officials’ detention requests. Moreover, no party named in complaint shared State's interests, and State’s motion was otherwise timely where it was filed prior to due date for notice of appeal, and where State could not be faulted for failing to file said request sooner, even though case was widely reported by media prior to entry of instant Order.
Federal 7th Circuit Court
Civil Court
Injunction