Skip to content

Case Detail

[Subscribe to updates]
Case TitleCASILLAS-PRIETO v. UNITED STATES MARSHAL SERVICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv00765
Date Filed2019-03-20
Date Closed2021-06-07
JudgeJudge Amit P. Mehta
PlaintiffALEJANDRO CASILLAS-PRIETO
Case DescriptionAlejandro Casillas-Prieto, a federal prisoner, submitted a number of FOIA requests to U.S. Marshals Service for records concerning his confinement in the Fannin County, Texas jail while in the custody of the Marshals Service. After hearing nothing further from the agency, Casillas-Prieto filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUNITED STATES MARSHAL SERVICE
DefendantGEO GROUP, INC.
DefendantGEO GROUP, INC.
TERMINATED: 06/10/2019
DefendantFANNIN COUNTY TEXAS
DefendantFANNIN COUNTY TEXAS
TERMINATED: 06/10/2019
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Opinion/Order [42]
FOIA Project Annotation: Judge Amit Mehta has ruled that records of prisoners detained by the Fannin County, Texas jail under a contract to house prisoners on behalf of the U.S. Marshals Service are not agency records for purposes of FOIA. Alejandro Casillas-Prieto submitted a FOIA request to USMS seeking legal visitation records related to his term of confinement at the Fannin County facility. After Casillas-Prieto filed suit, the agency argued that the records were not agency records. In his first ruling in the case, Mehta found that the agency had not shown that it did not have constructive control of the records under the functional equivalency test articulated by the D.C. Circuit in Burka v. Dept of Health and Human Services. 87 F. 3d 508 (D.C. Cir. 1996). This time around, however, Mehta pointed out that "defendant did not exercise the degree of supervision or control over the requested records necessary for the court to conclude that Fannin County acted on behalf of Defendant in creating the records." Casillas-Prieto argued that "by maintaining custody of federal prisoners by way of an Intergovernmental Service Agreement, Fannin County Jail is performing a federal function and thus should be treated as an arm of the USMS." But, Mehta noted, "Burka outlines the two criteria to qualify as an 'agency record,' and neither exists here."
Issues: Agency Record - Constructive possession
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-061COMPLAINT against All Defendants, filed by Alejandro Casillas-Prieto. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Envelope)(ccol, ) [Transferred from Virginia Eastern on 3/20/2019.] (Entered: 03/07/2019)
2019-03-062MOTION for Leave to Proceed in forma pauperis (AFFIDAVIT) by Alejandro Casillas-Prieto. (ccol, ) [Transferred from Virginia Eastern on 3/20/2019.] (Entered: 03/07/2019)
2019-03-193MEMORANDUM ORDER (Transferring Action to the District Court of the District of Columbia). It is hereby ORDERED that this action is FILED solely for the administrative convenience of the Clerk. The action is TRANSFERRED to the United States District Court for the District of Columbia. (SEE ORDER FOR DETAILS). Signed by Magistrate Judge Roderick C. Young on 3/19/19. (Copy mailed to plaintiff).(jtho, ) [Transferred from Virginia Eastern on 3/20/2019.] (Entered: 03/19/2019)
2019-03-19Case transferred to District of Columbia. Case file electronically sent to United Stated District Court District of Columbia. (jtho, ) [Transferred from Virginia Eastern on 3/20/2019.] (Entered: 03/19/2019)
2019-03-204Case transferred in from District of Virginia Eastern; Case Number 3:19-cv-00148. Original file certified copy of transfer order and docket sheet received. (Entered: 03/20/2019)
2019-04-225PRO SE ORDER directing within 30 days of this Order, unless an extension of time is granted, plaintiff to provide a six month trust fund prisoner account statement and failure to comply will result in dismissal of case. Plaintiff shall provide the requested information specific within this order. Pro Se party has been notified by first class mail. Signed by Judge Emmet G. Sullivan on 4/16/2019. (zrdj) (Entered: 04/23/2019)
2019-05-146PRISONER TRUST FUND ACCOUNT STATEMENT for period of six months by ALEJANDRO CASILLAS-PRIETO (zsb) (Entered: 05/21/2019)
2019-06-107ORDER directing an initial partial filing fee in the amount of $34.33 from Prison Account of Alejandro Casillas-Prieto and granting 2 MOTION for Leave to Proceed In Forma Pauperis (see order for full details). Pro Se party has been notified by first class mail. Signed by Judge James E. Boasberg on 06/07/2019 (zeg). (Entered: 06/11/2019)
2019-06-108ORDERED that The Geo Group, Inc. and Fannin County, Texas, are DISMISSED from this matter without prejudice, and that the Clerk of Court shall assign this action randomly to a judge for further proceedings. Signed by Judge James E. Boasberg on 06/07/2019. (zeg) (Entered: 06/11/2019)
2019-06-10Case Reassigned to Judge Amit P. Mehta. Unassigned is no longer assigned to the case. (zeg) (Entered: 06/12/2019)
2019-06-129SUMMONS (3) Issued as to UNITED STATES MARSHAL SERVICE, U.S. Attorney and U.S. Attorney General (zeg) (Entered: 06/12/2019)
2019-07-0910NOTICE of Appearance by Kenneth A. Adebonojo on behalf of UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 07/09/2019)
2019-07-0911RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/1/2019. Answer due for ALL FEDERAL DEFENDANTS by 7/31/2019. (jf) (Entered: 07/16/2019)
2019-07-2512RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 07/02/2019. (jf) (Entered: 07/31/2019)
2019-07-30Partial Filing Fee Received from ALEJANDRO CASILLAS-PRIETO in the amount of $34.33, receipt number: 4616099976. (zrdj) (Entered: 07/31/2019)
2019-07-3113MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 07/31/2019)
2019-08-02MINUTE ORDER granting 13 Motion for Extension of Time to File Answer. Defendant's Responsive Pleading shall be due on or before September 6, 2019. Signed by Judge Amit P. Mehta on 08/02/2019. (lcapm3) (Entered: 08/02/2019)
2019-08-02Set/Reset Deadlines: Defendant's Responsive Pleading due by 9/6/2019. (zjd) (Entered: 08/05/2019)
2019-08-12Partial Filing Fee Received from ALEJANDRO CASILLAS-PRIETO in the amount of $80.00, receipt number: 4616100167. (zrdj) (Entered: 08/13/2019)
2019-09-0514MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 09/05/2019)
2019-09-06MINUTE ORDER granting 14 Defendant's Motion for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint. Defendant shall file an answer or otherwise respond by 09/30/2019. Signed by Judge Amit P. Mehta on 09/06/2019. (lcapm3) (Entered: 09/06/2019)
2019-09-06Set/Reset Deadlines: Defendant's Responsive Pleading due by 9/30/2019. (zjd) (Entered: 09/06/2019)
2019-10-08MINUTE ORDER. Defendant United States Marshal Service should have filed a response to Plaintiff's complaint by September 30, 2019, but it did not do so. If Defendant fails to file a response by October 11, 2019, Defendant risks entry of a default. Signed by Judge Amit P. Mehta on 10/08/2019. (lcapm3) (Entered: 10/08/2019)
2019-10-08Set/Reset Deadlines: Answer due by 10/11/2019. (zjd) (Entered: 10/09/2019)
2019-10-1115MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES MARSHAL SERVICE (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 10/11/2019)
2019-10-16MINUTE ORDER granting 15 Motion for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint. Defendant's Answer or Responsive Pleading shall be due on or before November 11, 2019. Signed by Judge Amit P. Mehta on 10/16/2019. (lcapm3) (Entered: 10/16/2019)
2019-10-16Set/Reset Deadlines: Defendant's Answer or Responsive Pleading due by 11/11/2019. (zjd) (Entered: 10/16/2019)
2019-10-18Partial Filing Fee Received from ALEJANDRO CASILLAS-PRIETO in the amount of $60.00, receipt number: 4616101095. (zrdj) (Entered: 10/21/2019)
2019-10-2416MOTION for Default Judgment by ALEJANDRO CASILLAS-PRIETO (jf) (Entered: 10/25/2019)
2019-10-25MINUTE ORDER denying 16 Plaintiff's Motion for Default Judgment. The court has granted Defendant time until November 11, 2019, to respond to the complaint. A default judgment is not warranted. Signed by Judge Amit P. Mehta on 10/25/2019. (lcapm3) Modified on 10/25/2019 (lcapm3). (Entered: 10/25/2019)
2019-11-1217MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 11/12/2019)
2019-11-13MINUTE ORDER granting 17 Motion for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint. Defendant shall file an answer or otherwise respond to the Complaint by December 6, 2019. Signed by Judge Amit P. Mehta on 11/13/2019. (lcapm3) (Entered: 11/13/2019)
2019-11-13Set/Reset Deadlines: Responsive Pleading due by 12/6/2019. (zjd) (Entered: 11/15/2019)
2019-11-2518MOTION to Appoint Counsel by ALEJANDRO CASILLAS-PRIETO (eg) (Entered: 11/27/2019)
2019-11-27MINUTE ORDER denying without prejudice Plaintiffs Motion to Appoint Counsel, ECF No. 18. In seeking appointment of counsel under 28 U.S.C. 1915(e)(1), Plaintiff has not addressed any of the factors set forth in Local Civil Rule 83.11(b)(3). See Gaviria v. Reynolds, 476 F.3d 940, 943 (D.C. Cir. 2007). Plaintiff has not shown that the nature and complexity of this FOIA case warrants appointment of counsel; that there is merit to his claims; that he is unable to retain counsel by other means; or that the interests of justice will be served by appointment of counsel. The courts denial is without prejudice, so this order does not foreclose Plaintiff from seeking appointment of counsel at another time. Signed by Judge Amit P. Mehta on 11/27/2019. (lcapm1) Modified on 11/27/2019 (lcapm1) (Entered: 11/27/2019)
2019-12-0619MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 12/06/2019)
2019-12-09MINUTE ORDER granting 19 Motion for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint. Defendant shall respond to the Complaint on or before January 15, 2020. Signed by Judge Amit P. Mehta on 12/09/2019. (lcapm3) (Entered: 12/09/2019)
2019-12-09Set/Reset Deadlines: Defendant's Responsive Pleading due by 1/15/2020. (zjd) (Entered: 12/09/2019)
2019-12-13Partial Filing Fee Received from ALEJANDRO CASILLAS-PRIETO in the amount of $60.00, receipt number: 4616101803. (zrdj) (Entered: 12/16/2019)
2020-01-1520MOTION for Extension of Time to File Defendant's Answer or Other Response to Plaintiff's Complaint by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 01/15/2020)
2020-01-1621ORDER setting the following schedule for further proceedings in this matter: Defendant's Answer shall be filed on or before February 14, 2020; Defendant's Motion for Summary Judgment shall be filed on or before March 16, 2020; Plaintiff's Opposition to Defendant's Motion for Summary Judgment shall be filed on or before April 15, 2020; and Defendant's Reply shall be filed on or before April 29, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 01/16/2020. (lcapm3) (Entered: 01/16/2020)
2020-01-16Set/Reset Deadlines: Answer due by 2/14/2020. Motion for Summary Judgment due by 3/16/2020. Opposition due by 4/15/2020. Reply due by 4/29/2020. (zjd) (Entered: 01/17/2020)
2020-02-12Partial Filing Fee Received from ALEJANDRO CASILLAS-PRIETO in the amount of $52.79, receipt number: 4616102382. (zrdj) (Entered: 02/13/2020)
2020-02-1522MOTION for Leave to File to File Defendant's Answer by UNITED STATES MARSHAL SERVICE (Attachments: # 1 Exhibit A)(Adebonojo, Kenneth) (Entered: 02/15/2020)
2020-02-18MINUTE ORDER granting 22 Motion for Leave to File Defendant's Answer. Defendant's Answer shall be filed on or before February 18, 2020. Signed by Judge Amit P. Mehta on 02/18/2020. (lcapm3) (Entered: 02/18/2020)
2020-02-1823ANSWER to 1 Complaint, by UNITED STATES MARSHAL SERVICE.(Adebonojo, Kenneth) (Entered: 02/18/2020)
2020-03-1624MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 03/16/2020)
2020-03-16MINUTE ORDER granting 24 Motion for Extension of Time to File Defendant's Motion for Summary Judgment. Defendant shall file its Motion for Summary Judgment on or before March 31, 2020. Signed by Judge Amit P. Mehta on 03/16/2020. (lcapm3) (Entered: 03/16/2020)
2020-03-16Set/Reset Deadlines: Motion for Summary Judgment due by 3/31/2020. (zjd) (Entered: 03/18/2020)
2020-03-3125MOTION for Extension of Time to File Defendant's Motion for Summary Judgment by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 03/31/2020)
2020-04-01MINUTE ORDER granting 25 Motion to Enlarge Time to File Defendant's Motion for Summary Judgment. Defendant shall file its Motion for Summary Judgment by April 1, 2020. Signed by Judge Amit P. Mehta on 04/01/2020. (lcapm3) (Entered: 04/01/2020)
2020-04-01Set/Reset Deadlines: Motion for Summary Judgment due by 4/1/2020. (zjd) (Entered: 04/01/2020)
2020-04-0126MOTION for Summary Judgment by UNITED STATES MARSHAL SERVICE (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit C)(Adebonojo, Kenneth) (Entered: 04/01/2020)
2020-04-0227ORDER advising Plaintiff to respond by May 4, 2020, to 26 Defendant's Motion for Summary Judgment or risk dismissal of the case. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 04/02/2020. (lcapm3) (Entered: 04/02/2020)
2020-04-02Set/Reset Deadlines: Response to Motion for Summary Judgment due by 5/4/2020. (zjd) (Entered: 04/02/2020)
2020-04-0228MOTION for Extension of Time to File Response by ALEJANDRO CASILLAS-PRIETO (eg) (Entered: 04/03/2020)
2020-04-03MINUTE ORDER granting 28 Plaintiff's Motion for Extension of Time to File Response. Plaintiff shall respond to Defendant's Motion for Summary Judgment by May 21, 2020. Signed by Judge Amit P. Mehta on 04/03/2020. (lcapm3) (Entered: 04/03/2020)
2020-04-03Set/Reset Deadlines: Response to Motion for Summary Judgment due by 5/21/2020. (zjd) (Entered: 04/06/2020)
2020-04-1029MOTION for Extension of Time to File by ALEJANDRO CASILLAS-PRIETO (eg) (Entered: 04/13/2020)
2020-04-13MINUTE ORDER denying as moot 29 Plaintiff's Motion for Extension of Time. By Minute Order dated April 3, 2020, the court extended Plaintiff's opposition deadline to May 21, 2020. Signed by Judge Amit P. Mehta on 04/13/2020. (lcapm3) (Entered: 04/13/2020)
2020-05-1830Memorandum in opposition to re 26 MOTION for Summary Judgment filed by ALEJANDRO CASILLAS-PRIETO. (eg) (Entered: 05/22/2020)
2020-06-0231MOTION for Extension of Time to File A Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 06/02/2020)
2020-06-04MINUTE ORDER granting 31 Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Defendant shall file its Reply by July 2, 2020. Signed by Judge Amit P. Mehta on 06/04/2020. (lcapm3) (Entered: 06/04/2020)
2020-06-04Set/Reset Deadlines: Reply due by 7/2/2020. (zjd) (Entered: 06/05/2020)
2020-07-0232MOTION for Extension of Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 07/02/2020)
2020-07-03MINUTE ORDER granting 32 Motion to Enlarge Time to File a Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgment. Defendant shall file its Reply on or before July 10, 2020. Signed by Judge Amit P. Mehta on 07/03/2020. (lcapm3) (Entered: 07/03/2020)
2020-07-03Set/Reset Deadlines: Reply due by 7/10/2020. (zjd) (Entered: 07/06/2020)
2020-07-1033REPLY to opposition to motion re 26 MOTION for Summary Judgment filed by UNITED STATES MARSHAL SERVICE. (Adebonojo, Kenneth) (Entered: 07/10/2020)
2020-12-02MINUTE ORDER. In its 26 Motion for Summary Judgment, Defendant cites the Declaration of Charlotte Luckstone as Exhibit A to its motion, see ECF No. 26-1 at 2. The Luckstone Declaration is not, however, attached as Exhibit A. Defendant is directed to file the Declaration of Charlotte Luckstone by December 4, 2020, and to mail a copy to Plaintiff at his address of record. Signed by Judge Amit P. Mehta on 12/02/2020. (lcapm3) (Entered: 12/02/2020)
2020-12-02Set/Reset Deadlines: Declaration due by 12/4/2020. (zjd) (Entered: 12/03/2020)
2020-12-0334NOTICE of Filing of Declaration by UNITED STATES MARSHAL SERVICE re 26 MOTION for Summary Judgment (Attachments: # 1 Exhibit Declaration of Charlotte Luckstone)(Adebonojo, Kenneth) (Entered: 12/03/2020)
2020-12-0735ORDER denying Defendant's 26 Motion for Summary Judgment without prejudice to refiling. Defendant may renew its motion by January 6, 2021. See attached Order for additional details. Signed by Judge Amit P. Mehta on 12/07/2020. (lcapm3) (Entered: 12/07/2020)
2020-12-07Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 1/6/2021. (zjd) (Entered: 12/08/2020)
2021-01-0636MOTION for Extension of Time to File Defendant's Renewed Motion for Summary Judgment by UNITED STATES MARSHAL SERVICE (Adebonojo, Kenneth) (Entered: 01/06/2021)
2021-01-07MINUTE ORDER granting 36 Motion for Extension of Time to File Renewed Motion for Summary Judgment. Defendant shall file its Renewed Motion for Summary Judgment no later than February 5, 2021. Signed by Judge Amit P. Mehta on 01/07/2021. (lcapm3) Modified document type on 1/7/2021 (zjd). (Entered: 01/07/2021)
2021-01-07Set/Reset Deadlines: Renewed Motion for Summary Judgment due by 2/5/2021. (zjd) (Entered: 01/07/2021)
2021-01-1137MOTION for Injunction Relief by ALEJANDRO CASILLAS-PRIETO. (eg) (Entered: 01/22/2021)
2021-01-23MINUTE ORDER denying Plaintiff's Motion for Injunctive Relief. There is no claim before the court challenging the delivery of mail to the USP Beaumont facility. Moreover, Plaintiff's assertion that delay in receipt of his mail, if not marked "legal mail," is likely to cause him prejudice in this litigation is speculative. The court therefore cannot grant the requested relief. Signed by Judge Amit P. Mehta on 1/23/2021. (lcapm3) (Entered: 01/23/2021)
2021-02-0538MOTION for Summary Judgment by UNITED STATES MARSHAL SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration)(Adebonojo, Kenneth) (Entered: 02/05/2021)
2021-02-0739ORDER advising Plaintiff to respond by March 8, 2021, to 38 Defendant's Motion for Summary Judgment or risk dismissal of the case. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 02/07/2021. (lcapm3) (Entered: 02/07/2021)
2021-03-0240MOTION for Extension of Time to File Answer re 38 MOTION for Summary Judgment by ALEJANDRO CASILLAS-PRIETO. (eg) (Entered: 03/05/2021)
2021-03-07MINUTE ORDER granting 40 Motion for Extension of Time to Respond to Motion for Summary Judgment. Plaintiff shall respond to 38 Defendant's Motion for Summary Judgment on or before May 7, 2021. Signed by Judge Amit P. Mehta on 3/7/2021. (lcapm3) (lcas) (Entered: 03/07/2021)
2021-03-1541Reply to re 38 MOTION for Summary Judgment filed by ALEJANDRO CASILLAS-PRIETO. (eg) (Entered: 03/19/2021)
2021-06-0742MEMORANDUM OPINION re: 38 Defendant's Renewed Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 6/7/2021. (lcapm3) (Entered: 06/07/2021)
2021-06-0743ORDER: For the reasons stated in the 42 Memorandum Opinion, the court grants Defendant's 38 Renewed Motion for Summary Judgment. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 6/7/2021. (lcapm3) (Entered: 06/07/2021)
2023-07-0744MOTION to Re-Open Civil Case, MOTION for Default Judgment by ALEJANDRO CASILLAS-PRIETO. "LET THIS BE FILED" Signed by Judge Amit P. Mehta on 7/7/2023. (Attachment: # 1 Exhibit)(zed) (Entered: 07/10/2023)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar