"Family members tried to bail him out of jail ... Relatives came back with copies of his birth certificate ... but were told the original was needed"

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Man sues, says jailers didn't believe he is a U.S. citizen

Feb. 2, 2011 07:14 AM

The Tennessean

NASHVILLE, Tenn. - A man is suing the sheriff here, saying the agency illegally detained him for 12 hours when jailers didn't believe he was a U.S. citizen.

Daniel Renteria-Villegas accuses the Davidson County Sheriff's Office and the county government of violating the county's charter, violating his right to due process, malicious harassment and false imprisonment stemming from an Aug. 22 arrest on an aggravated assault charge.

The charge was dismissed two weeks later, but jailers who work for the Sheriff's Office detained him another 12 hours while conducting an investigation under the federal 287(g) immigration program.

Renteria-Villegas' lawyer, Elliott Ozment, declined to comment on the lawsuit.

The trouble began the night of Aug. 14. Renteria-Villegas was in a car with five others that police suspected were involved in a shooting. The driver fled from police and ran into a train crossing sign.

According to the arrest report, Renteria-Villegas ran away but was arrested after a chase. He was charged with evading arrest and contributing to the delinquency of a minor because he was with a 17-year-old after curfew.

Family members tried to bail him out of jail but were told he was on an immigration hold, according to the lawsuit. Relatives came back with copies of his birth certificate showing he was born in Portland, Ore., but were told the original was needed.

He was released Aug. 20 after relatives returned with an original birth certificate.

Two days later, Metro police re-arrested Renteria-Villegas on an aggravated assault charge. Police said in the warrant that he fired the shots reported the night of the 14th.

The lawsuit said Renteria-Villegas showed his Tennessee ID card during the arrest, but the officer inexplicably wrote down his birthplace as "Mexico."

Once in jail, Renteria-Villegas was again quizzed on where he was born. He said he told investigators he was born in Portland at St. Vincent's Hospital. He provided a valid Social Security number.

On Sept. 1, a judge dismissed the aggravated assault charge. But the Sheriff's Office continued to hold Renteria-Villegas on another immigration hold, the lawsuit said.

Renteria-Villegas was released around 1 a.m. Sept. 4, 12 hours after the charges were dropped, Ozment wrote.

Ozment, in court filings, said the Sheriff's Office has an unwritten policy of "subjecting any Latino or Hispanic inmate who is not fluent in English to a 287(g) investigation."

Ozment also argues that the Sheriff's Office doesn't have the authority to conduct immigration investigations under the federal 287(g) program. He said the county's charter and a 1964 Tennessee Supreme Court decision meant the sheriff gave up all authority to investigate any crime unless it was related to the jail or other corrections facilities the department operates.