NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE v. TRUMP et al

Filing 1

COMPLAINT by NAACP against DONALD TRUMP, JEFFERSON BEAUREGARD SESSIONS III, ELAINE C. DUKE, U.S. CITIZENSHIP AND IMMIGRATION SERVICES, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY, UNITED STATES OF AMERICA ( Filing fee $ 400 receipt number 0090-5120614) filed by NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons US Attorneys Office)(Sellers, Joseph)

CIVIL COVER SHEET
Js-44 (Rev. 6/17 OCl

I. (a) PLAINTIFFS

DEFENDANTS

The National Association for the Advancement of Colored
People (NAACP)

Donald J. Trump, in his official capacity as President of the
United States of America, et al.

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT Washington
(IN U.S. PLAINTIFF CASES ONLY)

Baltimore

(b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTF: I'N l.AND CONDEMNATION CASF.S, USE THE LOCATION OF THE TRACT OF LAND TNVOt.VED

ATTORNEYS (IF KNOWN)

(c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER)

Joseph M. Sellers [phone]
Cohen Milstein Sellers & Toll PLLC
1100 New York Ave., NW, Suite 500
Washington, D.C. 20005
III. CITIZENSHIP OF PRINCIPAL PARTIES (PLACE AN x IN ONE BOX FOR

II. BASIS OF JURISDICTION

PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASF.S ONLY!
PTF
DFT

(PLACE AN x IN ONE BOX ONLY)

0

0

I U.S. Government

Plaintiff

3 Federa l Question
(U.S. Government Not a Party)

0 4Diversity Citizenship of
(Indicate

0 2U.S. Government
Defendant

Citizen of this State
Citizen of Another State

Parties in item III}

Citizen or Subject of a
Foreign Country

Ot

Ot

02 02
03 03

Incorporated or Principal Place
of Business in This State
Incorporated and Principal Place
of Business in Another State
Foreign Nation

PTF

DFT

04 04
Os

os

06 06

IV. CASE ASSIGNMENT AND NATURE OF SUIT
(Place an X in one category, A-N, that best represents your Cause of Action and one in a corrcspondine Nature of Suit)

0

A. Antitrust

D

410 Antitrust

0

B. Persona/Injury/
Malpractice

D

310 Airplane
315 Airplane Product Liability
320 Assault, Libel & Slander
330 Federal Employers Liability
340Marine
345 Marine Product Liability
350 Motor Vehicle
355 Motor Vehicle Product Liability
360 Other Personal Injury
362 Medical Malpractice
365 Product Liability
367 Health Care/Pharmaceutical
Personal Injury Product Liability
368 Asbestos Product Liability

D

D

D
0

D
D
D

D

D
D
D
D

0

g
D
D

Personal Property
D 370 Other Fraud
371 Truth in Lending
D 380 Other Personal Property
Damage
D 385 Property Damage
Product Liability

D

C. Administrative Agency
Review

D

151 Medicare Act

Social Security
861 HIA (l395ft)
862 Black Lung (923)
863 DIWCIDIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
Other Statutes
891 Agricultural Acts
D 893 Environmental Matters
[K) 890 Other Statutory Actions (If
Administrative Agency is
Involved)

D
D
D
D

Bankruotcy
422 Appeal27 USC 158
D 423 Withdrawal 28 USC 157

D

Prisoner Petitions
0 535 Deotb Penalty
D 540 Mandamus & Other
D 550 Civil Rights
D 555 Prison Conditions
0 560 Civil Detainee- Conditions
of Confinement

E:ferty
0

D
D

0

D. Temporary Restraining
Order/Preliminary
Injunction

Any nature of suit from any category
may be selected for this category of
case assignment.
*(If Antitrust, then A governs)*

D
D

OR

E. General Civil (Other)

Real Prooertv
210 Land Condemnation
220 Foreclosure
D 230 Rent, Lease & Ejectment
240 Torts to Land
D 245 Tort Product Liability
D 290 All Other Real Property

0

Rights
820 Copyrights
830Patent
835 Patent- Abbreviated New
Drug Application
840 Trademark

0

F. ProSe General Civil
Federal Tax Suits
870 Taxes (US plaintiff or
defendant)
D 871 IRS·Third Party 26 USC
7609

D

Forfeiture/Pcnaitv
625 Drug Related Seizure of
Property 21 USC 881
0
6900thcr

D
D
D

D

D

Other Statutes
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
D 400 State Reapportionment
430 Banks & Banking
D 450 Commerce/ICC
Rates/etc.
D 460 Deportation

D
D

D

D
D

D
D
D
D

462 Naturalization
Application
465 Other Immigration
Actions
470 Racketeer Influenced
& Corrupt Organization
480 Consumer Credit
490 Cable/Satellite TV
850 Securities/Commodities/
Exchange
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of State
Statutes
890 Other Statutory Actions
(if not administrative agency
review or Privacy Act)

0

H. Employment
Discrimination

0 I. FOIA/Privacy Act

0 J. Student Loan

0

0 G. Habeas Corpus/

442 Civil Rights - Employment
(criteria: race, gender/sex,
national origin,
discrimination, disability, age,
religion, retaliation)

0
0

0

2255
0
0
0

530 Habeas Corpus - General
510 Motion/Vacate Sentence
463 Habeas Corpus - Alien
Detainee

(non-employment)
0
0
0
0
0
0

0 M.

0 L. Other Civil Rights

K. Labor/ERISA

(non-employment)

710 Fair Labor Standards Act
720 Labor/Mgmt. Relations
740 Labor Railway Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Empl. Ret. Inc. Security Act

0

D
0
0

D
D

152 Recovery of Defaulted
Student Loan
(excluding veterans)

*(If pro se, select this deck)*

*(If pro se, select this deck)*

0

895 Freedom of Information Act
890 Other Statutory Actions
(if Privacy Act)

D

441 Voting (if not Voting Rights
Act)
443 Housing/Accommodations
440 Other Civil Rights
445 Americans w/DisabilitiesEmployment
446 Americans w!DisabilltiesOther
448 Education

O
0

D
D
D
0

D
D
D

0 N. Three-Judge

Contract

Court
110 Insurance
t20Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of
Judgment
153 Recovery of Overpayment
of Veteran's Benefits
160 Stockholder's Suits
190 Other Contracts
195 Contract Product Liability
196 Franchise

0

441 Civil Rights- Voting
(if Voting Rights Act)

V.ORIGIN

0

1 Original
Proceeding

0

2Removed
from State
Court

0

3 Remanded
from Appellate
Court

0

4 Reinstated
or Reopened

0

5 Transferred
from another
district (specify)

0

6 Multi-district
Litigation

0

7 Appeal to
District Judge
from Mag.
Judge

0

8 Multi-district
LitigationDirect File

VI. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)

Seeking injunction of the rescission of DACA
VII. REQUESTED IN

COMPLAINT
VIII. RELATED CASE(S)
IF ANY

Sept. 18, 2017

DATE:

CHECK IF THIS IS A CLASS
ACTION UNDER F.R.C.P. 23

(See instruction)

I

DEMAND$ N/A
JURY DEMAND:
YEs D

SIGNATURE OF ATTORNEY OF RECORD

NO

00

~Jl/\J\
\
'.J

Check YES only if demanded in complaim

YES C ]

NO OO

If yes, please complete related case form

/:?

Jl/1

't__f)lj_lf rt/J / l
-

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I

INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44
Authority for Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and services of pleadings or other papers as required
by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the
Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed.
Listed below are tips for completing the civil cover sheet. These tips coincide with the Roman Numerals on the cover sheet.
I.

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF/DEFENDANT (b) County of residence: Use 11001 to indicate plaintiff if resident
of Washington, DC, 88888 if plaintiff is resident ofUnited States but not Washington, DC, and 99999 if plaintiff is outside the United States.

III.

CITIZENSHIP OF PRINCIPAL PARTIES: This section is completed .!!!1.ly if diversity of citizenship was selected as the Basis of Jurisdiction
under Section II.

IV.

CASE ASSIGNMENT AND NATURE OF SUIT: The assignment of a judge to your case will depend on the category you select that best
represents the primary cause of action found in your complaint. You may select only one category. You must also select one corresponding
nature of suit found under the category of the case.

VI.

CAUSE OF ACTION: Cite the U.S. Civil Statute under which you are filing and write a brief statement of the primary cause.

VIII.

RELATED CASE(S), IF ANY: If you indicated that there is a related case, you must complete a related case form, which may be obtained from
the Clerk's Office.

Because of the need for accurate and complete information, you should ensure the accuracy of the information provided prior to signing the form.