Memorandum Opinion And Order

Pending are Motions for Summary Judgment by Defendant Troy Carter [ECF 200], filed November 20, 2025, as well as by Defendant Aaron Williams [ECF 202] and Defendant Jeremy Richmond [ECF 204], both filed November 21, 2025. Plaintiff Anthony Brown (“Plaintiff”) responded to each motion [ECF 209–211], to which Defendants Carter, Williams, and Richmond filed their respective replies [ECF 215; ECF 214; ECF 216]. Also pending is Plaintiff Anthony Brown’s Motion for Partial Summary Judgment [ECF 206], filed November 21, 2025. Defendants Carter, Williams, and Richmond responded in opposition [ECF 208; ECF 212; ECF 213], to which Plaintiff did not reply. Also pending are additional motions identified and adjudicated at the conclusion. The matters are ready for adjudication.

Memorandum Opinion and Order

Antiseptic judicial rhetoric cannot do justice to what is happening. Across the interior of the United States, agents of the federal government—masked, anonymous, armed with military weapons, operating from unmarked vehicles, acting without warrants of any kind—are seizing persons for civil immigration violations and imprisoning them without any semblance of due process. The systematic character of this practice and its deliberate elimination of every structural feature that distinguishes constitutional authority from raw force place it beyond the reach of ordinary legal description. It is an assault on the constitutional order. It is what the Fourth Amendment was written to prevent. It is what the Due Process Clause of the Fifth Amendment forbids.

Memorandum Opinion And Order

The law is clear: all persons present within our country are entitled to due process. The plain text of our Constitution says this explicitly.

Memorandum Opinion And Order

Pending is Defendant Nathaniel Wilburn’s Motion to Suppress, filed September 9, 2025. [ECF 24]. The Government responded on October 1, 2025. [ECF 32]. Mr. Wilburn replied on October 8, 2025. [ECF 33]. On October 22, 2025, the Court held an evidentiary hearing. [ECF 43]. Mr. Wilburn and Federal Public Defender Wesley P. Page appeared. Also present was Assistant United States Attorney Brian D. Parsons. The Court heard testimony from three witnesses, Corporal Shane Thompson (“Cpl. Thompson”) with the West Virginia State Police, Sergeant Gary Epling (“Sgt. Epling”) with the Raleigh County Sheriff’s Office, and Defendant Nathaniel Wilburn.