On April 08, 2022, Maria Marquez, Eduin Arturo Cambar Matute and Milton Francisco Lovos Marquez (collectively, “Plaintiffs”), represented by Carol F. Trevey of Aramark; Ellen L Pierce, Jonathan Aronchick and Kathryn E. Deal of Akin Gump Strauss Hauer & Feld LLP; Vanessa L. Stine and Muneeba S. Talukder of the ACLU of Pennsylvania; Witold J. Walczak of American Civil Liberties Union of PA; Jonathan H. Feinberg of Kairys, Rudovsky, Epstein & Messing, LLP; Mark Taticchi and Nicholas S. Feltham of Drinker Biddle & Reath, LLP; Mira Baylson of Cozen O'Connor; and Seth F. Kreimer, filed a civil rights lawsuit against the Commonwealth of Pennsylvania and Trooper Luke Macke (together, “Defendants”), represented by Allison L. Deibert of the PA Department of Treasury; Jessica S. Davis of the Pennsylvania State Police; and Nicole J. Boland of the Office of the Attorney General, seeking damages with attorneys’ fees and costs, for the Defendants’ alleged discrimination and/or groundless stops and unlawful detention of Plaintiffs on the basis of their perceived race, color, ethnicity, or national origin. This case was filed in U.S. District Court in the Middle District of Pennsylvania with Judge Yvette Kane presiding.
In the complaint, the Plaintiffs have alleged that, “Plaintiffs in this civil rights action allege that a Pennsylvania state trooper discriminated against them based on their perceived race, color, ethnicity, or national origin in stopping and detaining them for the purpose of investigating their immigration status.”
The Plaintiffs further alleged that, “The incident at issue is just one in a much larger pattern and practice of discrimination and unlawful conduct by the Pennsylvania State Police (“PSP”) against people based on their perceived race, color, ethnicity, or national origin.”
The Plaintiffs then alleged that, “These illegal detentions are part of an established pattern of misconduct engaged in by Defendant Luke Macke (“Macke”) and other PSP troopers, with the knowledge and tacit approval of their superiors at PSP.”
The Plaintiffs also alleged that, “Defendant Commonwealth of Pennsylvania (“Commonwealth”) and its agency, PSP, along with supervisory officials, have been deliberately indifferent to patterns of unlawful discrimination that violate the Fourth and Fourteenth Amendments to the U.S. Constitution and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, and have failed to take necessary and appropriate steps to curtail the practice.”
The Plaintiffs have listed three claims for relief. The first claim alleged deals with violation of Title VI for race and national origin discrimination. The second claim alleged deals with unlawful detention in violation of the Fourth Amendment and Fourteenth Amendment, and the third claim alleged deals with unlawful discrimination in violation of the Fourteenth Amendment.
In their prayer for relief, the Plaintiffs requested the Court for actual and compensatory damages sufficient to make Plaintiffs whole, along with punitive damages against Defendant Macke to punish and deter him from further wrongdoing, and reasonable attorneys’ fees and costs and such other and further relief as may appear just and appropriate.
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1:19-CV-00599
04/08/2019
Pending - Other Pending
Civil Right - Other Civil Right
Yvette Kane
Eduin Arturo Cambar Matute
Milton Francisco Lovos Marquez
Maria Marquez
Andres Gonzalez Olvera
Rebecca Castro
Jorge Alberto Garcia
Faustino Martinez Lobato
Roberto Castaneda Morales
Carlos Amaya Castellanos
Bernabe Lopez Castro
Yancarlos Mendoza
Commonwealth of Pennsylvania
Trooper Mackey
Chad Ronk
Michael Patrone
Joseph Manning
Clay Forcey
Christopher Pasquale
John Doe
Luke Macke
Mira Baylson
Attorney at Cozen O'Connor
One Liberty Place, 1650 Market Street
Philadelphia, PA 19103
Carol F. Trevey
Attorney at Aramark
2400 Market Street, Ste 8Th Floor
Philadelphia, PA 19103
Mark Taticchi
Attorney at Drinker Biddle & Reath, LLP
One Logan Square, Suite 2000
Philadelphia, PA 19103
Nicholas S Feltham
Attorney at Drinker Biddle & Reath LLP
One Logan Square, Suite 2000
Philadelphia, PA 19103
Seth F. Kreimer
3501 Sansom St.
Philadelphia, PA 19104
Witold J. Walczak
Attorney at American Civil Liberties Union of PA
247 Ft. Pitt Blvd., 2D Fl.
Pittsburgh, PA 15222
Ellen L Pierce
Attorney at Akin Gump Strauss Hauer & Feld LLP
Two Commerce Sq.
2001 Market Street, ST 4100
Jonathan Aronchick
Attorney at Akin Gump Strauss Hauer & Feld LLP
Two Commerce Square
2001 Market Street, SU 4100
Jonathan H. Feinberg
Attorney at Kairys, Rudovsky, Epstein & Messing, LLP
Cast Iron Building, 718 Arch Street
Philadelphia, PA 19106
Kathryn E. Deal
Attorney at Akin Gump Strauss Hauer & Feld LLP
Two Commerce Square, 2001 Market Street
Philadelphia, PA 19103
Muneeba S Talukder
Attorney at ACLU of Pennsylvania
Po Box 60173
Philadelphia, PA 19102
Vanessa L. Stine
Attorney at ACLU of Pennsylvania
P.O. Box 60173
Philadelphia, PA 19102
Allison L. Deibert
Attorney at PA Department of Treasury
127 Finance Building
Harrisburg, PA 17120
Jessica S. Davis
Attorney at Pennsylvania State Police
1800 Elmerton Avenue
Harrisburg, PA 17110
Nicole J. Boland
Attorney at Office of Attorney General
15Th Floor
Harrisburg, PA 17120
(#87) STATUS REPORT (Joint) by Carlos Amaya Castellanos, Roberto Castaneda Morales, Rebecca Castro, Jorge Alberto Garcia, Andres Gonzalez Olvera, Bernabe Lopez Castro, Maria Marquez, Milton Francisco Lovos Marquez, Faustino Martinez Lobato, Yancarlos Mendoza. (Stine, Vanessa) (Entered: 04/05/2022)
(#86) ORDER - AND NOW, on this 22nd day of March 2022, upon consideration of the parties March 22, 2022 joint status report (Doc. No. #85 ), IT IS ORDERED THAT all pretrial deadlines are STAYED until April 21, 2022. IT IS FURTHER ORDERED THAT the parties shall file a joint report on or before April 22, 2022, advising the Court as to the status of the case. Signed by Honorable Yvette Kane on 3/22/22. (dmn) (Entered: 03/22/2022)
(#85) STATUS REPORT (Joint) by Carlos Amaya Castellanos, Roberto Castaneda Morales, Rebecca Castro, Jorge Alberto Garcia, Andres Gonzalez Olvera, Bernabe Lopez Castro, Maria Marquez, Milton Francisco Lovos Marquez, Faustino Martinez Lobato, Yancarlos Mendoza. (Stine, Vanessa) (Entered: 03/22/2022)
(#84) ORDER granting #83 Motion to Withdraw as Attorney. Attorney Muneeba S. Talukder is terminated. Signed by Honorable Yvette Kane on 2/28/22. (dmn) (Entered: 02/28/2022)
Proposed Order
(#83) Unopposed MOTION to Withdraw as Attorney Muneeba S. Talukder for Plaintiffs by Carlos Amaya Castellanos, Roberto Castaneda Morales, Rebecca Castro, Jorge Alberto Garcia, Andres Gonzalez Olvera, Bernabe Lopez Castro, Maria Marquez, Milton Francisco Lovos Marquez, Faustino Martinez Lobato, Eduin Arturo Cambar Matute, Yancarlos Mendoza. (Attachments: #1 Proposed Order)(Talukder, Muneeba) (Entered: 02/24/2022)
(#82) ORDER - AND NOW, on this 8th day of February 2022, upon consideration of the parties February 4, 2022 joint status report (Doc. No. #81 ), IT IS ORDERED THAT all pretrial deadlines are STAYED until March 21, 2022. IT IS FURTHER ORDERED THAT the parties shall file a joint report on or before March 22, 2022, advising the Court as to the status of the case. Signed by Honorable Yvette Kane on 2/8/22. (dmn) (Entered: 02/08/2022)
(#81) STATUS REPORT (Joint) by Carlos Amaya Castellanos, Roberto Castaneda Morales, Rebecca Castro, Jorge Alberto Garcia, Andres Gonzalez Olvera, Bernabe Lopez Castro, Maria Marquez, Milton Francisco Lovos Marquez, Faustino Martinez Lobato, Yancarlos Mendoza. (Stine, Vanessa) (Entered: 02/04/2022)
(#80) AMENDED COMPLAINT against All Defendants, filed by Jorge Alberto Garcia, Carlos Amaya Castellanos, Rebecca Castro, Maria Marquez, Roberto Castaneda Morales, Andres Gonzalez Olvera, Yancarlos Mendoza, Faustino Martinez Lobato, Bernabe Lopez Castro, Milton Francisco Lovos Marquez.(Stine, Vanessa) (Entered: 10/27/2021)
(#79) ORDER - AND NOW, on this 27th day of October 2021, upon consideration of Plaintiffs Motion to Amend/Correct Amended Complaint (Doc. No. 75), and noting the absence of objection by Defendants, IT IS ORDERED THAT: 1. Plaintiffs Motion to Amend/Correct Amended Complaint (Doc. No. #75 ) is GRANTED; and2. Plaintiffs shall be responsible for filing their corrected Amended Complaint, removing the relevant Plaintiff from the action. Signed by Honorable Yvette Kane on 10/27/21. (dmn) (Entered: 10/27/2021)
Summons Packet
Civil Cover Sheet
Docket(#87) STATUS REPORT (Joint) by Carlos Amaya Castellanos, Roberto Castaneda Morales, Rebecca Castro, Jorge Alberto Garcia, Andres Gonzalez Olvera, Bernabe Lopez Castro, Maria Marquez, Milton Francisco Lovos Marquez, Faustino Martinez Lobato, Yancarlos Mendoza. (Stine, Vanessa) (Entered: 04/05/2022)
Docket(#86) ORDER - AND NOW, on this 22nd day of March 2022, upon consideration of the parties March 22, 2022 joint status report (Doc. No. #85 ), IT IS ORDERED THAT all pretrial deadlines are STAYED until April 21, 2022. IT IS FURTHER ORDERED THAT the parties shall file a joint report on or before April 22, 2022, advising the Court as to the status of the case. Signed by Honorable Yvette Kane on 3/22/22. (dmn) (Entered: 03/22/2022)
Docket(#85) STATUS REPORT (Joint) by Carlos Amaya Castellanos, Roberto Castaneda Morales, Rebecca Castro, Jorge Alberto Garcia, Andres Gonzalez Olvera, Bernabe Lopez Castro, Maria Marquez, Milton Francisco Lovos Marquez, Faustino Martinez Lobato, Yancarlos Mendoza. (Stine, Vanessa) (Entered: 03/22/2022)
Docket(#84) ORDER granting #83 Motion to Withdraw as Attorney. Attorney Muneeba S. Talukder is terminated. Signed by Honorable Yvette Kane on 2/28/22. (dmn) (Entered: 02/28/2022)
Docket(#83) Unopposed MOTION to Withdraw as Attorney Muneeba S. Talukder for Plaintiffs by Carlos Amaya Castellanos, Roberto Castaneda Morales, Rebecca Castro, Jorge Alberto Garcia, Andres Gonzalez Olvera, Bernabe Lopez Castro, Maria Marquez, Milton Francisco Lovos Marquez, Faustino Martinez Lobato, Eduin Arturo Cambar Matute, Yancarlos Mendoza. (Attachments: #1 Proposed Order)(Talukder, Muneeba) (Entered: 02/24/2022)
Docket(#82) ORDER - AND NOW, on this 8th day of February 2022, upon consideration of the parties February 4, 2022 joint status report (Doc. No. #81 ), IT IS ORDERED THAT all pretrial deadlines are STAYED until March 21, 2022. IT IS FURTHER ORDERED THAT the parties shall file a joint report on or before March 22, 2022, advising the Court as to the status of the case. Signed by Honorable Yvette Kane on 2/8/22. (dmn) (Entered: 02/08/2022)
Docket(#81) STATUS REPORT (Joint) by Carlos Amaya Castellanos, Roberto Castaneda Morales, Rebecca Castro, Jorge Alberto Garcia, Andres Gonzalez Olvera, Bernabe Lopez Castro, Maria Marquez, Milton Francisco Lovos Marquez, Faustino Martinez Lobato, Yancarlos Mendoza. (Stine, Vanessa) (Entered: 02/04/2022)
Docket(#80) AMENDED COMPLAINT against All Defendants, filed by Jorge Alberto Garcia, Carlos Amaya Castellanos, Rebecca Castro, Maria Marquez, Roberto Castaneda Morales, Andres Gonzalez Olvera, Yancarlos Mendoza, Faustino Martinez Lobato, Bernabe Lopez Castro, Milton Francisco Lovos Marquez.(Stine, Vanessa) (Entered: 10/27/2021)
Docket(#79) ORDER - AND NOW, on this 27th day of October 2021, upon consideration of Plaintiffs Motion to Amend/Correct Amended Complaint (Doc. No. 75), and noting the absence of objection by Defendants, IT IS ORDERED THAT: 1. Plaintiffs Motion to Amend/Correct Amended Complaint (Doc. No. #75 ) is GRANTED; and2. Plaintiffs shall be responsible for filing their corrected Amended Complaint, removing the relevant Plaintiff from the action. Signed by Honorable Yvette Kane on 10/27/21. (dmn) (Entered: 10/27/2021)
Docket(#78) ORDER - AND NOW, on this 26th day of October 2021, IT IS ORDERED THAT the Joint Motion to Stay Pretrial Deadlines (Doc. No. #77 ) is GRANTED. All pretrial deadlines are stayed until February 3, 2022. IT IS FURTHER ORDERED THAT the parties shall file a joint report on or before February 4, 2022, advising the Court as to the status of the case. The status call scheduled on November 10, 2021, at 10:00 a.m. is CANCELLED. Signed by Honorable Yvette Kane on 10/26/21. (dmn) (Entered: 10/26/2021)
DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) (Entered: 04/11/2019)
(#6) PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ellen L Pierce on behalf of Maria Marquez, Milton Francisco Lovos Marquez, Eduin Arturo Cambar Matute Attorney Ellen Pierce is seeking special admission. Filing fee $ 50, receipt number 0314-4728602.. (Pierce, Ellen) (Entered: 04/11/2019)
DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) (Entered: 04/11/2019)
(#5) PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Jonathan Aronchick on behalf of Maria Marquez, Milton Francisco Lovos Marquez, Eduin Arturo Cambar Matute Attorney Jonathan Aronchick is seeking special admission. Filing fee $ 50, receipt number 0314-4728301.. (Aronchick, Jonathan) (Entered: 04/10/2019)
(#4) NOTICE of Appearance by Vanessa L. Stine on behalf of All Plaintiffs (Stine, Vanessa) (Entered: 04/10/2019)
DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) (Entered: 04/10/2019)
(#3) PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kathryn E. Deal on behalf of Maria Marquez, Milton Francisco Lovos Marquez, Eduin Arturo Cambar Matute Attorney Kathryn Deal is seeking special admission. Filing fee $ 50, receipt number 0314-4727642.. (Deal, Kathryn) (Entered: 04/10/2019)
DOCKET ANNOTATION: This case has been assigned to Judge Kane. (dmn) (Entered: 04/09/2019)
(#2) Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (aaa) (Entered: 04/08/2019)
(#1) COMPLAINT against Commonwealth of Pennsylvania, Mackey ( Filing fee $400, Receipt Number 0314-4725101), filed by Maria Marquez, Eduin Arturo Cambar Matute, Milton Francisco Lovos Marquez. (Attachments: #1 Civil Cover Sheet)(aaa) (Entered: 04/08/2019)
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