Weir v. U.S.
What's at Stake
The American Civil Liberties Union filed a federal lawsuit in June 2019 against the United States and the head of the U.S. Coast Guard on behalf of four Jamaican fishermen, who were forcibly removed from their fishing boat and detained for over a month at sea on four U.S. Coast Guard ships in patently inhumane conditions.
Summary
Plaintiffs Robert Dexter Weir, Patrick Wayne Ferguson, and David Roderick Williams are Jamaican fishermen. In September 2017, the Coast Guard stopped their fishing boat in the Caribbean Sea, seized the men, and removed them from their boat, which the Coast Guard destroyed. Coast Guard officers then forced the men to strip naked — supplying them with paper-thin coveralls — before chaining them to the decks of four different Coast Guard ships, which made stops in Guantanamo Bay, the U.S. Virgin Islands, Puerto Rico, and Miami. During their over month-long detention, the men were prevented from communicating with their families or anyone else on the outside, all the while being denied access to shelter, basic sanitation, proper food, and medical care.
The Coast Guard finally delivered the men to Miami in October, 2017 after more than a month of inhumane and incommunicado detention at sea. Initially, the United States charged each of the men with conspiracy to distribute marijuana, but later changed those charges to providing “false information” to the Coast Guard during the Coast Guard’s boarding of their boat about their intended destination. The assistant U.S. Attorney prosecuting the case acknowledged that it would have taken “a miracle” to prove to a jury that there were ever any traces of marijuana on the men’s boat. The men pleaded guilty to the “false information” charges only because they were told that it was the quickest and surest way to get back to their homes and families in Jamaica and to put an end to their nightmare. The men were each sentenced to 10 months imprisonment. After serving their sentences and spending a further two months in federal immigration detention due to delay caused by the U.S. government, the United States returned the men to their homes and families in Jamaica.
As a result of their secret and abusive detention by the Coast Guard the men suffered and continue to suffer physical and psychological trauma. The men also returned to their families financially ruined due to the Coast Guard’s confiscation of their national identity cards, driving and fishing licenses, and the destruction of their fishing boat and equipment.
Plaintiffs bring this suit under general admiralty and maritime tort law to recover damages for the physical and psychological trauma they have suffered and continue to suffer as a consequence of their unlawful seizure; the Coast Guard’s destruction of their boat and other property and their over-month-long inhumane and incommunicado detention by the Coast Guard. Plaintiffs also seek declaratory and injunctive relief against the Coast Guard so that they can once again freely ply their trade as fishermen in international waters near Jamaica, without exposure to Defendants’ unlawful policy and practice.
The case was filed with the U.S. District Court for the District of Columbia.
Legal Documents
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07/05/2022
Plaintiff's Response to Govt's Motion to Dismiss Plaintiff Patterson -
04/22/2022
Plaintiff's Response to 44 Motion to Compel -
10/19/2021
Order Staying Discovery -
04/28/2021
Protective Order -
03/01/2021
Judges Order for Scheduling and Discovery -
01/29/2021
Govt's Answer -
01/15/2021
Opinion -
03/12/2020
Response to Govt's Notice of Filing -
03/12/2020
Govt's Notice of Filing Order from Coram Nobis Case -
02/06/2020
Plaintiff's Response to Notice of Filing -
11/26/2019
Govt's Reply to Opposition to Motion to Dismiss -
11/21/2019
Opposition to Govt's Motion to Dismiss -
09/26/2019
Govt's Motion to Dismiss (with Exhibits) -
07/26/2019
Govt's Motion for Extension of Time to Respond -
06/12/2019
Complaint
Date Filed: 07/05/2022
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 04/22/2022
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 10/19/2021
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 04/28/2021
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 03/01/2021
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 01/29/2021
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 01/15/2021
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 03/12/2020
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 03/12/2020
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 02/06/2020
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 11/26/2019
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 11/21/2019
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 09/26/2019
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 07/26/2019
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
Date Filed: 06/12/2019
Court: District Court (D.D.C.) Weir et al. v. U.S. - Damages and Injunctive Relief
Affiliate: Washington, D.C.
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11/16/2021
Judgement -
11/08/2021
Petition for Rehearing En Banc Denied -
09/13/2021
Petition for Rehearing En Banc -
07/29/2021
Opinion -
06/23/2021
Petitioner-Appellant Letter Response to Notice of Supplemental Authority -
06/22/2021
Appellee (Government) Letter Notice of Supplemental Authority -
06/21/2021
Petitioner-Appellant Letter Response to Notice of Supplemental Authority -
06/17/2021
Petitioner-Appellant Letter Response to Notice of Supplemental Authority -
06/17/2021
Appellee (Government) Letter Notice of Supplemental Authority -
06/16/2021
Petitioner-Appellant Letter Response to Notice of Supplemental Authority -
06/16/2021
Appellee (Government) Letter Notice of Supplemental Authority -
06/15/2021
Appellee (Government) Letter Notice of Supplemental Authority -
03/10/2021
Oral Argument Scheduled -
08/14/2020
Reply Brief of Petitioners-Appellants -
06/30/2020
Appellee (Government) Brief -
05/05/2020
Petitioners-Appellants Brief -
03/30/2020
Notice of Appeal
Date Filed: 11/16/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 11/08/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 09/13/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 07/29/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/23/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/22/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/21/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/17/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/17/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/16/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/16/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/15/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 03/10/2021
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 08/14/2020
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 06/30/2020
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 05/05/2020
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
Date Filed: 03/30/2020
Court: Appeals Court (11th Cir.) Weir et al. v. U.S. - Coram Nobis Appeal
Affiliate: Washington, D.C.
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11/16/2021
Judgement in 11th Circuit Appeal -
03/26/2020
Notice of Appeal -
03/12/2020
Order - Case Denied & Closed -
10/07/2019
Reply Memo of Law in Further Support of Petitioners (with Exhibits) -
09/30/2019
Govt's Answer and Memo in Opp. to Coram Nobis -
08/16/2019
Order to Show Cause -
08/15/2019
Coram Nobis Petition
Date Filed: 11/16/2021
Court: District Court (S.D. Fla.) Weir et al. v. U.S. - Coram Nobis
Affiliate: Washington, D.C.
Date Filed: 03/26/2020
Court: District Court (S.D. Fla.) Weir et al. v. U.S. - Coram Nobis
Affiliate: Washington, D.C.
Date Filed: 03/12/2020
Court: District Court (S.D. Fla.) Weir et al. v. U.S. - Coram Nobis
Affiliate: Washington, D.C.
Date Filed: 10/07/2019
Court: District Court (S.D. Fla.) Weir et al. v. U.S. - Coram Nobis
Affiliate: Washington, D.C.
Date Filed: 09/30/2019
Court: District Court (S.D. Fla.) Weir et al. v. U.S. - Coram Nobis
Affiliate: Washington, D.C.
Date Filed: 08/16/2019
Court: District Court (S.D. Fla.) Weir et al. v. U.S. - Coram Nobis
Affiliate: Washington, D.C.
Date Filed: 08/15/2019
Court: District Court (S.D. Fla.) Weir et al. v. U.S. - Coram Nobis
Affiliate: Washington, D.C.
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12/30/2019
Ferguson's Objection to Magistrate's R&R -
12/16/2019
Magistrate Judge's Report & Recommendation -
09/10/2019
Ferguson Reply Memo ISO 2255 Motion -
08/27/2019
Govt's Answer and Memo in Opp. to 2255 Motion -
07/17/2019
Order to Show Cause -
07/12/2019
2255 Motion to Vacate Conviction
Date Filed: 12/30/2019
Court: District Court (S.D. Fla.) Ferguson et al. v. U.S. - 2255 Habeas Petition
Affiliate: Washington, D.C.
Date Filed: 12/16/2019
Court: District Court (S.D. Fla.) Ferguson et al. v. U.S. - 2255 Habeas Petition
Affiliate: Washington, D.C.
Date Filed: 09/10/2019
Court: District Court (S.D. Fla.) Ferguson et al. v. U.S. - 2255 Habeas Petition
Affiliate: Washington, D.C.
Date Filed: 08/27/2019
Court: District Court (S.D. Fla.) Ferguson et al. v. U.S. - 2255 Habeas Petition
Affiliate: Washington, D.C.
Date Filed: 07/17/2019
Court: District Court (S.D. Fla.) Ferguson et al. v. U.S. - 2255 Habeas Petition
Affiliate: Washington, D.C.
Date Filed: 07/12/2019
Court: District Court (S.D. Fla.) Ferguson et al. v. U.S. - 2255 Habeas Petition
Affiliate: Washington, D.C.
Press Releases
ACLU Petitions Supreme Court on Behalf of Wrongly Convicted Jamaican Fishermen
ACLU Sues Coast Guard for Kidnapping, Abusive Treatment of Jamaican Fishermen