Case Plods Along for Man Who Sued ICE, County for Civil Rights Violations
The waiting game continues for Wilmer Catalan-Ramirez, his wife and children. Here’s our dispatch from a recent court date.
Navigating the legal system involves a lot of waiting. In the lobby of the Dirksen federal courthouse in Chicago, Wilmer Catalan-Ramirez’s children tried their best to pass the time before their father’s court date on Tuesday. The youngest played on a handrail and ran toward the courthouse’s revolving door before being called back by adults and eventually sitting to play with a fidget spinner. The oldest sat silently, staring at a phone. The middle child buried her head against her mother, who was discussing the upcoming hearing with supporters.
Their father’s case alleges that Immigration Customs and Enforcement officers violated his Fourth Amendment rights and used excessive force when arresting him. It also claims that Catalan-Ramirez was mistreated by corrections officers and provided with inadequate medical care at McHenry County Adult Correctional Facility after his arrest. Since he was detained in late March, it’s the second time his children have been to court.
The children understand what’s going on with their father’s case, but not in great detail, Celene Adame, the children’s mother and Catalan-Ramirez’s wife, said. Faced with an incarcerated partner, “I really have no choice but to keep on going,” Adame said, “My family needs him, my kids need him.”
Before the hearing started, Adame found out that Catalan-Ramirez would not be able to attend his court date; she had hoped the kids could see their father as it’s difficult for the family to travel to McHenry County for visits. Instead, he would remain at the detention facility.
During the hearing Judge Joan Lefkow ruled that the six ICE agents listed as “John Doe” in the lawsuit will have their names revealed, as the 7th Circuit court rarely allows anonymous defendants, she said.
Lefkow also urged Catalan-Ramirez’s attorneys and Jana Brady, attorney for Correct Care Systems, to reach a settlement over claims involving Catalan-Ramirez’s medical care at the county facility, which Correct Care provides. Catalan-Ramirez has ongoing medical needs as a result of a drive-by-shooting; he is partially paralyzed and requires pain medication, and sustained additional injuries during his arrest, according to his suit. Brady asked the judge to sever the claims against Correct Care Systems into a separate case as her clients would not agree to the medical demands made by Catalan-Ramirez’s attorneys. “That ship has sailed,” Brady said, referring to the possibility of settling out of court.
There were six defense attorneys present in court, an indication of the complex relationship between local law enforcement and federal immigration enforcement. In addition to ICE and Correct Care Systems, the lawsuit also names defendants that are part of the Chicago Police Department and the McHenry County Sheriff’s Department.
The lawsuit alleges that Catalan-Ramirez was arrested without judicial warrant or suspicion of being involved in a crime, a violation of his Fourth Amendment rights. His arrest was a result of being included in CPD’s gang database even though he has never been a member of a gang, the lawsuit alleges. While Chicago’s Welcoming City Ordinance generally restricts collaboration between CPD and ICE, gang affiliation is one of the exceptions that allows cooperation between the two. The suit also claims that Catalan-Ramirez suffered a shoulder injury and loss of eyesight during the arrest, which means he now needs help with tasks like eating and getting dressed.
Speaking to supporters after the hearing, Adame said Catalan-Ramirez was struggling with the length of the case and the uncertainty of the outcome. The next hearing in his case, which his lawyers expect to be a brief status hearing, is scheduled for September 6.
This summer, City Bureau reporters are investigating the agencies and policies that make up immigration enforcement in Chicago. If you have any experiences with immigration enforcement to share, please reach out here or at info@citybureau.org.
