A federal judge has declined to dismiss the remaining claims against Frederick County officials after a woman’s arrest on a civil immigration warrant in 2008.

Earlier this year, attorneys for the county asked the judge to dismiss the remaining portions of a lawsuit filed in 2009 by Roxana Orellana Santos. Santos had also filed a motion seeking to amend her original complaint after the case wound its way through the federal court system for the past six years.

In an opinion last week, Judge William D. Quarles Jr. denied the county’s motion for dismissal because Santos’ attorneys will be allowed to file an amended complaint.

On Oct. 7, 2008, Santos was eating lunch outside the Common Market when Frederick County sheriff’s deputies saw her, stopped their car and questioned her about her immigration status, even though she had broken no laws, her attorneys said.

She was jailed for 37 days before she was released under the supervision of immigration authorities, according to court records.

Santos, a native of El Salvador, filed the $1 million discrimination lawsuit in U.S. District Court against the Frederick County Board of County Commissioners, Sheriff Chuck Jenkins and the two deputies, challenging whether it was legal to detain her without criminal probable cause and whether the deputies had the authority to arrest her on a civil, not criminal, warrant.

Santos’ attorneys want to file a new complaint focusing on the remaining issues in the case, and they argue that the case should not be dismissed before discovery, the formal process of obtaining evidence in legal cases. That process was cut short in 2012, when the lawsuit was dismissed by a different federal judge in Baltimore.

In seeking to block Santos’ attorneys from filing the amended complaint, the county argued that it would be hurt if the court allowed the evidence process to go forward now because “records and memories have been lost over the intervening years” and discovery “would be very burdensome in terms of time and financial cost.”

The judge wrote that he disagreed with the county’s argument, and “they should have taken steps to preserve relevant records.”

Santos’ attorneys are requesting more information about funding for policies and practices at the sheriff’s office, how the policies and objectives are established, details about training through Immigration and Customs Enforcement, review and supervision of the sheriff’s office by the former Board of County Commissioners and insurance coverage for the defense of the case, among other things.

In a memorandum, Quarles wrote that he agreed with the county on some points, and will not allow Santos to refile three of her claims, because she did not appeal a previous judge’s ruling in favor of the county on those counts, which alleged equal protection violations.

After a series of appeals and court opinions, the case remains in U.S. District Court in Baltimore to decide whether Frederick County officials are liable for Santos’ arrest and whether she is entitled to damages as a result.

Attorneys for the sheriff’s office and county government filed an appeal with the U.S. Supreme Court, which declined to hear the case.

The county was seeking to overturn a federal appeals court opinion from August 2013, in which three judges from the U.S. Court of Appeals for the 4th Circuit wrote that Santos’ arrest was unconstitutional because there was no probable cause to suspect that she was engaged in criminal activity, and knowledge that someone is the subject of a civil deportation warrant does not establish probable cause for an arrest.

Santos’ attorneys must file the amended complaint by Sept. 25.

Follow Danielle E. Gaines on Twitter: @danielleegaines.

Danielle E. Gaines covers politics and government in Frederick County, splitting her time between Winchester Hall and The State House. Having grown up in Illinois, she lived in New York and California before settling in Maryland.

(26) comments

KellyAlzan

Actually - illegal aliens are here (in the United States) because American society has gone down the drain. Kids raised on Xbox while a company mows the parents grass every week. Kids raised by live in nannys. Companies paid to clean the house. Companies paid to open, close, and maintain the swimming pool.

Employers have nothing to do with the fact that our American blue collar work force is dead.

MAVRICKinc7

And, what does this stale Republican rhetoric of yours accomplish. What is it about CORPORATE AMERICA don't you get? Between them and Wall Street the blue collar work force was replaced by robots and technical advances that no longer have any use for human labor, other than being trained to push buttons, vote by proxy and having machines, much like polling results, do our thinking for US.

We are the problem and continue to self-distruct, not through the efforts of illegal aliens, but BOARDROOM decisions on how best to make a buck off their largest expense item; SALARIES. Don't see anyone leaving AMERICA except CORPORATE AMERICA.

KellyAlzan

All that and you're totally on a different page

sue1955

Dick, thank you for your additional posts. I appreciate your further explanations.

By the way, my terminology of "Frederick police" was meant as a generic term of Frederick County law enforcement. I apologize for not being clear.

sue1955

Dick, I'm taking issue with the first sentence of your last paragraph. Only citizens of the U.S., (i.e., who went through the system to become U.S. citizens or born here) regardless of their (original) nationality, are not to be discriminated against. If somebody is in this country illegally, THAT is a reason for them to be subject to deportation. (I'm meaning that "subject to..." does not mean that actual deportation will take place). If that is considered "discrimination," so be it. In other words; it's beside the point what their nationality is if they are here illegally.

In reading your comments, it appears that illegal workers have the same retention rights (on the job) as those workers who are American citizens. The illegal aliens don't have a case to claim discrimination because they are illegal (in the first place).

If memory serves me correctly, Ms. Santos took issue (in 2008) that she was being unfairly profiled since she appears to not be American and that she was not doing anything wrong. However; I believe that - at that time - profiling those who could possibly not be American by virtue of their appearance was legal. The Frederick police were within their rights to question her citizenship status and subsequently take action if she was not in the U.S. legally. Sure enough, she was here illegally.

Things changed since then due to various immigration decisions made by the Obama Administration. Also; once Maryland started allowing immigrants to obtain drivers licenses, there was less to no actions in this state for profiling. Indeed; there were a considerable number of illegals driving in MD without licenses before the law changed.

I view Santos' attorneys requesting information on Frederick policies regarding immigration and so forth as just a time-consuming smokescreen with the intention of irritating the Frederick police department.

DickD

Sue, that was a quote from the lawyer's web site. I don't feel it is discrimination to deport those here illegally, but as stated in the web site, they do have some rights, by law, not by my opinion. As I have stated before, anyone coming to this country has violated our countries law and has no rights and I do not mean no human rights like someone tried to say later. I mean rights to be heard in a court of law. Does anyone believe a border patrol guard gives someone crossing illegally a court hearing? I don't.

phydeaux994

It's that pesky Constitution again.

public-redux

My appearance and my unaccented English means I am frequently mistaken for a German.

DickD

Sue, I don't think it was the Frederick police that stopped Ms. Santos, as they were not the ones with the agreement, which was the Sheriff's office.

http://www.ice.gov/factsheets/287g
History of 287(g)
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 added Section 287(g), performance of immigration officer functions by state officers and employees, to the Immigration and Nationality Act. This authorizes the Director of ICE to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, provided that the local law enforcement officers receive appropriate training and function under the supervision of ICE officers.

MAVRICKinc7

If not the Frederick police who approached her, WITHOUT REASONABLE CAUSE, then who arrested Ms Santos while she was eating her lunch? The Frederick County Sheriff's Office CLAIMS not to be profiling, when, in fact, as you are doing now, are profiling as much as ever.

These smoke and mirror agendas are as much about you and sue1955's self inflicted bias against anyone who is not white. Whether you two want to skate around your racist qualifications and hypocracy is something neither of you are very good at. But, coming from Frederick County what else should we expect, except your white supremist roots toward anyone who isn't white. or speaks another language that isn't English.

When are YOU going to tear down these walls YOU (plural) have built around yourselves for decades and only in the interest of bigotry. discrimination, subtle racism, segregation, intolerance and EXCLUSION of anyone who doesn't conform to your standards of white privledge?

DickD

I should add the article points out it was deputies - indicating the sheriff's office, not Frederick police. It says; "On Oct. 7, 2008, Santos was eating lunch outside the Common Market when the two deputies saw her, stopped their car and questioned her about her immigration status, even though she had broken no laws, her attorneys said."

MAVRICKinc7

Aren't you back tracking now?

johnqFrederick

she ran, however, we could have used greater discretion --

but, what if someone runs, we detain, can't produce documents, hear a sob story, release, and then a felony is committed

Or you can operate like a sanctuary city and release all illegal aliens, felons.

MAVRICKinc7

Exaggerated frustration? Or, just another white person trying to whitewash the TRUTH? Otherwise, how do any of US account for the Court's latest decision to continue the matter, against Frederick County and its County Attorneys, who can't bring themselves, from a white supemist point of view, to let go, after 6 years in play and further demonstrating that Frederick and Frederick County are not for or about any other color but WHITE, or a language that's anything else but English.

If this were not so, where would we find black or brown leadership in this community.

DickD likes to call it REVERSE DISCRIMINATION. I get to call IT racist tactics and the exclusion of ALL who don't conform to white standards of exceptance. Isn't that what "black lives matter" is about, when, in fact and historical accounts anyone of color does NOT MATTER and hasn't, for a very long time.

I recall a recent article by the FNP and coverage under title of "Former Baltimore Police commissioner opens up about firing" during a Mount St. Mary's PANEL discussion about SOCIAL Justice.

Didn't he blame CNN for inciting the Baltimore riots and in the next sentence confesses "WE (Batimore City) didn't pay attention to the warning signs that were there." Isn't that what WE, in Frederick County, are doing NOW while swinging bigotry around like a sword, and failing to recognize it's a sword with two different edges and "what goes around will eventually come around."

What other reason could there be for "Black Lives Matter." or for that matter, any lives that matter in this entire world? There won't be any changes, except at the bargaining table for more MONEY but ONLY after BOTH SIDES agree to LISTEN to one another and find middle ground, not by compromise, but undertanding WE all have needs and that warning signs have been out there on the open market for a century or more and still, no one is listening to the OTHER SIDE out of spite, false convictions and privledge.

jgrose79

The woman ran from the police when she saw them. This provides probable cause to suspect a crime or threat. This provided enough justification for deputies to question her and ask for ID to prove whom she was in case it would later be found that she had committed a crime. Whoops, no ID and then they find out that she is an illegal alien and has a warrant for her arrest on federal civil charges. End of story. Unless you want to be a complete liberal and stand up for people who are criminals here illegally and end up shooting innocent women.

phydeaux994

And you are being a complete Conservative protecting the illegal employers whose jobs are the reason the illegal aliens are here. The illegal aliens are the symptom, the illegal employers are the disease.

KellyAlzan

Actually - illegal aliens are here (in the United States) because American society has gone down the drain. Kids raised on Xbox while a company mows the parents grass every week. Kids raised by live in nannys. Companies paid to clean the house. Companies paid to open, close, and maintain the swimming pool.

Employers have nothing to do with the fact that our American blue collar work force is dead.

MAVRICKinc7

Didn't YOU just say the same thing at the top of this comment page? CORPORATE AMERICA is where you should be pointing your finger at, for diluting the blue collar work force that's cheaper to maintain OUTSIDE the American borders. What better way for Corporate America to have on hand but CHEAP LABOR which only adds to their profit margines and bottom lines. Hasn't our entire system been BOUGHT by Corporate America?

phydeaux994

"The county alleged that Santos tried to hide from the deputies, which drew their suspicion.".........she didn't run. How much has this case cost the taxpayer?

KellyAlzan

Apparently the judge does not agree with you. Nor does the constitution.

MAVRICKinc7

SO why is this case, at the direction of the Court, being forwarded on while local government, their legal staff and Police Dept. can't let go of the lie they told US in 2008? Anyone ever show up at your front door and in an accusitory manner start asking questions based on ethnicity and not whether you did anything wrong? The RECORD clearly says Ms. Santos was doing nothing to arouse SUSPICION by the officers, other than a mandate from the Sheriffs Ofice to approach and interrogate anyone of color, other than any white people who were present at the scene that County Officials IGNORED in the same manner as they should have ignored Ms. Santos while she was just eating her lunch.

This case has been moving forward at tax payer expense, as a WARNING to County officials to let go of their bias and mandated prejudice and slowly, not without compensation to Ms. Santos, back away, suck it up and move on to the next chapter of white prejudice that can't be that far away from TODAY'S continued acts of white supremacy in Frederick, Maryland.

DickD

From FAIR, the organization that sent Jenkins to Texas to ride up and down the Rio Grande, with an AK - 47 slung over his shoulder.

http://www.fairus.org/issue/employer-sanctions
Business owners face the nation's first state law that requires employers to verify the work documents of their new employees. The law says any business that knowingly hires a worker who is in the country illegally will have its business license suspended. For a second offense, the business' license could be revoked. That is different from the federal penalties of fines and possible criminal prosecution that have been infrequently imposed for similar offenses.

DickD

From FAIR, the organization that sent Jenkins to Texas to ride up and down the Rio Grande, with an AK - 47 slung over his shoulder.

http://www.fairus.org/issue/employer-sanctions
Business owners face the nation's first state law that requires employers to verify the work documents of their new employees. The law says any business that knowingly hires a worker who is in the country illegally will have its business license suspended. For a second offense, the business' license could be revoked. That is different from the federal penalties of fines and possible criminal prosecution that have been infrequently imposed for similar offenses.

DickD

If Sheriff Jenkins wants to do something, to stop illegals from coming to Frederick County, why doesn't he check employers that are using and abusing them?

It’s against federal law for an employer to hire an undocumented immigrant – someone whose doesn’t have a green card, visa, or naturalization documents. These individuals are “undocumented workers.” Employers are responsible for taking measures to make sure they don’t hire undocumented workers. However, they sometimes hire them unknowingly. Once you’re hired, you have certain rights.

DickD

As I recall, this is one of the reasons Karl Bickle ran against Jenkins. Jenkins and his deputies should have known better - and maybe they would have known better if Jenkins had not cut the training budget.

http://immigration.lawyers.com/general-immigration/legal-rights-of-illegal-immigrants.html

Even if you’re in the country illegally, the Fifth and Fourteenth Amendments of the U.S. Constitution apply to you. This means that if someone sues you, you have the right to receive notice and to defend yourself. The Fourth Amendment also protects your rights just as it protects those of legal citizens. Law enforcement can’t seize and search your property without probable cause. Illegal immigrants have the right to file lawsuits, such as discrimination suits, in federal court. State laws vary, but some jurisdictions give you the right to sue in state court as well.

You have the right to defend yourself against deportation or removal from the United States. If immigration officials discover that you’re living in the country illegally, you have the right to a hearing. The government can’t simply send you home without one. You also have the right to an attorney, but the government doesn’t have to pay for one on your behalf.

It’s against federal law for an employer to hire an undocumented immigrant – someone whose doesn’t have a green card, visa, or naturalization documents. These individuals are “undocumented workers.” Employers are responsible for taking measures to make sure they don’t hire undocumented workers. However, they sometimes hire them unknowingly. Once you’re hired, you have certain rights.

Illegal immigrants cannot be discriminated against on the basis of nationality, by employers or anyone else. Employers must ask you for your legal authorization to be in the United States before they can hire you, but they can’t single you out and ask only you, or only individuals of your nationality. Asking for documentation must be company policy, covering all workers.

MAVRICKinc7

Now that you have RECITED the law of our land, what has happened to Ms. Santo's employer since 2008 or better still, the mandates that Sheriff Jenkins put on the backs of his law enforcement staff in 2008 and still being carried out by untrained staff that work off their instincts and Government charge, while ignoring the rights of those undocumented citizens that have done nothing but eat their lunch out of a brown paper bag.

You have lots of DISTRACTIONS in that bag of yours, but aren't you the same bigot and white supremist you've been for decades, that you have put to pen and paper and prior comment sites in the very recent past over the same kind of subject matter that we are discussing here? SO, aren't you lying to us, by OMMISSION and insulating yourself with recorded laws and acts that don't represent what you really believe and have cooking on that back burner of yours?

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