A federal class action lawsuit filed by Helena-based Upper Seven Law is challenging the detention of immigrants in Montana, alleging individuals were held without proper legal assessments. The case began after the July 30 arrest of Jesus Verde Hernandez of Worden, whom attorneys claim was detained without a warrant, probable cause, or an evaluation of flight risk. Judge Brian Morris ordered Hernandez’s release on Aug. 7, and by Aug. 21, roughly 41 people had joined the lawsuit.
During a hearing in August of this year, attorneys debated whether the court has the authority to order broader relief for the class. Plaintiffs argue federal officials have routinely failed to conduct required individualized reviews before detention, while government attorneys dispute both the legal basis for the claims and whether the proposed class members share similar circumstances.
Court filings also detail accounts from several detainees, including Jonny Hernandez Antunez, Irving Alonso Acosta, and Jose Alfredo Martinez Alaniz, who allege they were arrested without warrants, pressured to sign documents they did not fully understand, and subjected to difficult detention conditions. Judge Morris said he would issue a ruling in the case as soon as possible.
This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.
