State of Texas et al v. United States of America et al

Filing 1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 0541-19989656) filed by State of Nebraska, State Of Texas, State of Arkansas, State of South Carolina, State or Alabama, State of Louisiana, State of West Virginia. (Attachments: # 1 Civil Cover Sheet)(Disher, Todd)

CIVIL COVER SHEET

JS 44 (Rev. 06/17)

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service 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. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

State of Texas; State of Alabama; State of Arkansas; State of Louisiana;
State of Nebraska; State of South Carolina; State of West Virginia

(b) County of Residence of First Listed Plaintiff

Cameron County

DEFENDANTS

United States of America, et al.
** See attached
County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

Todd Lawrence Disher
Office of the Attorney General of Texas, PO Box 12548
Austin, Texas 78711-2548 / [phone] ** See attached

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
1

2

U.S. Government
Plaintiff

3

U.S. Government
Defendant

4

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Ryan K. Patrick, United States Attorney for the Southern District of
Texas

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
1

Federal Question
(U.S. Government Not a Party)

Diversity
(Indicate Citizenship of Parties in Item III)

DEF
1

and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State

Citizen of Another State

2

2

Incorporated and Principal Place
of Business In Another State

5

5

Citizen or Subject of a
Foreign Country

3

3

Foreign Nation

6

6

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT

Click here for: Nature of Suit Code Descriptions.

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

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

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement

625 Drug Related Seizure
of Property 21 USC 881
690 Other

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
835 Patent - Abbreviated
New Drug Application
840 Trademark
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS
870 Taxes (U.S. Plaintiff
or Defendant)
871 IRS—Third Party
26 USC 7609

IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions

OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

V. ORIGIN (Place an “X” in One Box Only)
1 Original
Proceeding

2 Removed from
State Court

3

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

8 Multidistrict
Litigation Direct File

Administrative Procedure Act, 5 U.S.C. 551, et seq

VI. CAUSE OF ACTION Brief description of cause:

Plaintiffs are suing the United States and federal officials for violations of the Take Care Clause and the APA

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
(See instructions):

CHECK YES only if demanded in complaint:
Yes
No
JURY DEMAND:

DEMAND $

JUDGE Andrew S. Hanen

DOCKET NUMBER 1:14-cv-00254 (S.D. Tex.)

SIGNATURE OF ATTORNEY OF RECORD

/s/ Todd L. Disher

05/01/2018
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

State of Texas, et al., v. United States of America, et al.
In the United States District Court for the Southern District of Texas,
Brownsville Division
Attachment to Civil Cover Sheet: Names of Parties
PLAINTIFFS
State of Texas
State of Alabama
State of Arkansas
State of Louisiana
State of Nebraska
State of South Carolina
State of West Virgina

DEFENDANTS
United States of America
U.S. Department of Homeland Security;
Kirstjen M. Nielsen, Secretary
U.S. Customs and Border Protection;
Kevin K. McAleenan, Commissioner
U.S. Immigration and Customs
Enforcement; Thomas D. Homan,
Deputy Director and Acting Director
U.S. Citizenship and Immigration
Services; L. Francis Cissna, Director
U.S. Border Patrol; Carla L. Provost,
Acting Chief

State of Texas, et al., v. United States of America, et al.
In the United States District Court for the Southern District of Texas,
Brownsville Division

Attachment to Civil Cover Sheet: Plaintiffs’ Attorneys

STEVE MARSHALL
Attorney General of Alabama

KEN PAXTON
Attorney General of Texas

LESLIE RUTLEDGE
Attorney General of Arkansas

JEFFREY C. MATEER
First Assistant Attorney General

JEFF LANDRY
Attorney General of Louisiana

ALAN WILSON
Attorney General of South Carolina

BRANTLEY STARR
Deputy First Assistant Attorney General
Tx. State Bar No. 24046904
Southern District of Texas No. 2972033
Tel.: [phone]; Fax: [phone]
[e-mail]
P.O. Box 12548
Austin, Texas 78711-2548

PATRICK MORRISEY
Attorney General of West Virginia

JAMES E. DAVIS
Deputy Attorney General for Civil Litigation

TODD LAWRENCE DISHER
Attorney-in-Charge
Special Counsel for Civil Litigation
Tx. State Bar No. 24081854
Southern District of Texas No. 2985472
Tel.: [phone]; Fax: [phone]
[e-mail]
P.O. Box 12548
Austin, Texas 78711-2548

DOUGLAS J. PETERSON
Attorney General of Nebraska

ADAM ARTHUR BIGGS
Special Counsel for Civil Litigation
Tx. State Bar No. 24077727
Southern District of Texas No. 2964087
Tel.: [phone]; Fax: [phone]
[e-mail]
P.O. Box 12548
Austin, Texas 78711-2548