Salas et al v. Chertoff et al

Filing 80

ORDER on Remand dismissing all claims by Judge Christine M. Arguello on 9/24/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 11-cv-00784-CMA-KMT
CESAR ANTONIO SALAS, and
JUANA SALAS DURON,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.

ORDER ON REMAND

This matter is before the Court on remand from the Tenth Circuit Court of
Appeals. (See Doc. ## 78; 79.) In accordance with the Tenth Circuit’s Opinion (Doc.
# 78), it is HEREBY ORDERED that:
Plaintiff Juana Salas Duron’s claim for negligent infliction of emotional distress
(“NIED”) is DISMISSED IN PART for lack of jurisdiction and DISMISSED IN PART for
failure to state a claim, as follows:
1. To the extent Ms. Duron’s NIED claim is based on alleged emotional distress she
suffered as a result of the United States Bureau of Immigration and Customs
Enforcement’s March 31, 2008 release of her son, and co-Plaintiff, Cesar Antonio
Salas, the Court lacks jurisdiction because Ms. Duron did not present that basis
of her claim to the Department of Homeland Security (“DHS”) in her March 26,
2010 claim to that agency;

2. Ms. Duron’s March 26, 2010 DHS claim was untimely as to her NIED claims that
accrued in 2001 and 2007 and, thus, the Court lacks jurisdiction over them; and
3. The NIED claim arising from Mr. Salas’s March 2008 detention (as opposed to
his release from detention) fails to state a claim upon which relief can be granted
because Texas law does not recognize a NIED cause of action.
As such, all claims are now DISMISSED in accordance with the Tenth Circuit’s Opinion.
DATED: September

24

, 2013
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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