DeSantis Class Action

Case 1:22-cv-11550 Document 1 Filed 09/20/22 Page 1 of 35
IN THE UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
ALIANZA AMERICAS, and YANET DOE, PABLO

DOE, and JESUS DOE on behalf of themselves and
all others similarly situated,
Plaintiffs,
Civil Action No.
v.
RONALD DESANTIS, Governor of Florida in his

official and personal Capacities; JARED W.
PERDUE, Secretary of the Florida Department of
Transportation in his official and personal Capacities;
STATE OF FLORIDA; THE FLORIDA
DEPARTMENT OF TRANSPORTATION; DOES
#1-5;
Defendants.
CLASS ACTION COMPLAINT AND JURY DEMAND
Plaintiff Alianza Americas, together with Plaintiff Yanet Doe, Pablo Doe and Jesus Doe
(collectively the “individual Plaintiffs”) 1 individually and on behalf of all others similarly
situated, by and through undersigned counsel, allege on personal knowledge, information,
and belief as follows:
PRELIMINARY STATEMENT
1. Plaintiffs are recent immigrants who fled from Venezuela—a place subject to a Level 4
“Do Not Travel” advisory by the United States Department of Health due to rampant
crime, civil unrest, poor health infrastructure, kidnapping, terrorism and wrongful
1Concurrently with the filing of this Complaint, the individual Plaintiffs have filed a motion to
be allowed to proceed under pseudonyms.
detentions. After crossing the United States border, the Plaintiffs immediately
surrendered themselves to federal immigration officials, and each has—and at all times
pertinent to the allegations in this Complaint has had—active federal proceedings to
adjudicate their immigration status. Unless and until determined otherwise after the due
process to which they are entitled, Plaintiffs are authorized by federal immigration
officials to remain in the United States.
2. Plaintiffs have led lives inflicted by violence, instability, insecurity, and abuse of trust by
corrupt government officials that most Americans could hardly conceive of. They fled to
the United States in a desperate attempt to protect themselves and their families from
gang, police, and state-sponsored violence and the oppression of political dissent. To put
it simply, Plaintiffs, and the class of similarly situated individuals they seek to represent,
are vulnerable in a way and to an extent that almost defies verbal description. They are as
deserving of dignity and empathy as anyone among us.
3. In or around September 2022, Defendants and their unidentified accomplices designed
and executed a premeditated, fraudulent, and illegal scheme centered on exploiting this
vulnerability for the sole purpose of advancing their own personal, financial and political
interests. This scheme involved the unidentified Doe Defendants, acting in concert with
the named Defendants, identifying and targeting class members by trolling streets outside
of a migrant shelter in Texas and other similar locales, pretending to be good Samaritans
offering humanitarian assistance.
4. To gain the Plaintiffs’ trust, and to induce unwitting cooperation with Defendants’
scheme, the Doe Defendants provided items such as $10 McDonalds gift certificates to
class members suffering from chronic food insecurity. After luring Plaintiffs by
exploiting their most basic needs, the Doe Defendants then made false promises and false
representations that if Plaintiffs and class members were willing to board airplanes to
other states, they would receive employment, housing, educational opportunities, and
other like assistance upon their arrival. Next, the Defendants put class members up for
free in hotels, sequestered away from the migrant center, and from the possibility of
actual good Samaritans finding out how the class members were being abused.
5. On information and belief, the Defendants procured and paid $615,000 for private
chartered planes ($12,300 per passenger), transported class members to the aircrafts, and
told them they were flying to Boston or Washington, D.C., which was completely false.
Instead, the chartered airplanes dropped Plaintiffs off on Martha’s Vineyard in the
evening, with no food, water or shelter. No one on Martha’s Vineyard—or, on
information and belief—anywhere in Massachusetts—knew they were coming. The Doe
Defendants disappeared and did not answer alarmed calls from the class members to get
information about what had gone wrong after they landed. But nothing had “gone
wrong.” Instead, the scheme worked exactly as the Defendants intended.
6. These immigrants, who are pursuing the proper channels for lawful immigration status in
the United States, experienced cruelty akin to what they fled in their home country.
Defendants manipulated them, stripped them of their dignity, deprived them of their
liberty, bodily autonomy, due process, and equal protection under law, and impermissibly
interfered with the Federal Government’s exclusive control over immigration in
furtherance of an unlawful goal and a personal political agenda.
7. The next day, Governor DeSantis claimed credit for the ruse, and the class members and
their plight became front page news across the country. As set forth more fully below, the
Defendants’ inhumane and morally repugnant conduct (i) violated protections afforded to
the Plaintiffs by the United States Constitution, (ii) violated federal statutes including 42
U.S.C. § 1983 and 42 U.S.C. 1985(3), and (iii) was tortious, entitling Plaintiffs and other
class members to monetary, injunctive, and other relief as set forth herein.
JURISDICTION AND VENUE
8. This Court has jurisdiction over the subject matter of this action under 28 U.S.C. §§ 1331
and 1343. This case poses federal questions that arise under the U.S. Constitution and
laws of the United States. This Court also has supplemental jurisdiction under 28 U.S.C.
§ 1367 over the related claims arising under state law.
9. This Court also has jurisdiction over the subject of this action under 28 U.S.C. § 1332.
10. This Court has authority to grant declaratory relief under 28 U.S.C. §§ 2201 and 2202.
11. This Court has personal jurisdiction over all Defendants pursuant to G.L. c. 223A, § 3,
because their activities, as outlined herein, occurred in large part in the Commonwealth
of Massachusetts, and caused tortious injury in the Commonwealth. Further, exercising
jurisdiction over these Defendants is consistent with the United States Constitution and
federal laws under Federal Rule of Civil Procedure 4(k)(2)(B).
12. Defendants purposefully availed themselves of the benefits and protections of the laws of
the Commonwealth of Massachusetts by knowingly and intentionally arranging to
transport migrants to the Commonwealth. In light of Defendants’ intentional availment of
the benefits of the Commonwealth, Defendants voluntarily subjected themselves to the
jurisdiction of the courts of the Commonwealth with respect to claims arising out of their
conduct.
13. On information and belief, Defendants DeSantis and Perdue, directly and through agents,
regularly do, solicit, or transact business in the Commonwealth and engage in a persistent
course of conduct in the Commonwealth. On information and belief, Defendant the State
of Florida, directly and through agents, contracts to supply services or goods in this
Commonwealth and derives substantial revenue from goods used or consumed or
services rendered in the Commonwealth.
14. Venue is proper in this judicial district under 28 U.S.C. § 1391(b)(2), because a
substantial part of the events or omissions giving rise to this civil action occurred in this
judicial district. Venue is also proper under 28 U.S.C. § 1391(b)(3).
PARTIES
15. Plaintiff Alianza Americas is the only transnational organization rooted in Latino
immigrant communities in the United States focused on improving the quality of life of
all people in the U.S.-Mexico-Central America migration corridor. Alianza Americas is
comprised of a network of 53 member organizations from across the country whose goal
is to promote policies that are humane, just, and equitable. Alianza Americas provides a
breadth of programming and resources to immigrant communities, immigrant-serving
communities, and the general public related to issues of immigration, human rights, and
democratic participation. Alianza Americas is a not-for-profit corporation organized
under the laws of California with a principal place of business in Chicago, Illinois.
16. Plaintiff Yanet Doe is from Venezuela. She, her husband, their eleven-year-old son, and
additional family members were induced by Defendants to board a plane in Texas that
ultimately arrived in Martha’s Vineyard on September 14, 2022.

17. Plaintiff Pablo Doe is from Venezuela. He and his two brothers were induced by
Defendants to board a plane in Texas that ultimately arrived in Martha’s Vineyard on
September 14, 2022.
18. Plaintiff Jesus Doe is from Venezuela. He was induced by Defendants to board a plane in
Texas that ultimately arrived in Martha’s Vineyard on September 14, 2022.
19. Defendant Ronald DeSantis is the Governor of the State of Florida. Defendant DeSantis
has taken credit for executing the relocation scheme out of $12 million in funding set
aside by the Florida legislature. Fl. House Bill 5001, Sec. 185 (2022). He has pledged to
use all $12 million of that funding to continue the challenged conduct. Defendant
DeSantis is sued in both his official and individual capacities.
20. Defendant Jared W. Perdue is the Secretary of the Florida Department of Transportation.
The $12 million in funding that Defendant DeSantis is using to execute his relocation
scheme is appropriated to the Florida Department of Transportation, which Defendant
Perdue heads and under whom direct administration of the Department is placed.
Defendant Perdue is sued in both his official and individual capacities.
21. Defendant State of Florida is one of the United States.
22. The Florida Department of Transportation is an agency of the State of Florida.
23. Defendant Doe #1 is an as-yet unnamed individual who targeted many of the putative
class members in San Antonio, Texas, to induce them onto the flights to Martha’s
Vineyard. Defendant Doe #1 told Plaintiffs her name was “Perla.” The Plaintiffs will
amend the complaint when they ascertain her real name.
24. Defendant Doe #2 is an as-yet unnamed individual who targeted many of the putative
class members in San Antonio, Texas, to induce them onto the flights to Martha’s
Vineyard. Defendant Doe #2 told Plaintiffs his name was “Emanuel.” The Plaintiffs will
amend the complaint when they ascertain his real name.
25. Doe Defendants #3, #4, and #5 are as-yet unnamed individuals and organizations who
either participated in the inducement of Plaintiffs to travel, coordinated and/or supported
this scheme. The Plaintiffs will amend the complaint when they ascertain the Doe
Defendants’ real names.
FACTUAL ALLEGATIONS
The Defendants’ Scheme to Defraud Vulnerable Immigrants to Advance a Political Motive
26. On September 14, 2022, two privately chartered planes carrying approximately fifty
people—all recent immigrants to the United States—landed on the island of Martha’s
Vineyard, Massachusetts unannounced except, at most, for the flights’ notification to the
local air traffic controller.
27. The individual Plaintiffs were among the immigrants on those planes. All of them were
subject to the same pattern and practice of inducement and deceit in the days leading up
to their arrival in Martha’s Vineyard, orchestrated by Defendant DeSantis and
implemented by the other Defendants.
28. Near a migrant resource center in San Antonio, Texas, and in similar locales, the Doe
Defendants and other accomplices approached the individual Plaintiffs and gained their
trust by offering them items they needed: McDonalds gift cards and other seemingly de
minimis items.
29. Under the auspices of acting out of the goodness of their hearts, the Doe Defendants
made false promises and false representations that if the individual Plaintiffs and other
class members were willing to board airplanes to other states, they would receive
employment, housing, educational opportunities, and other like assistance at their arrival.
The Doe Defendants also told the individual Plaintiffs and other class members that they
would receive assistance with their immigration proceedings at their destination.
30. In fact, Defendants had made no arrangements for employment, housing, educational
opportunities, or other assistance for the individual Plaintiffs or other class members at
their destination. Defendants had not even notified any governmental or non-profit entity
that could provide such services that the individual Plaintiffs and their similarly-situated
class members would be arriving.
31. Lacking work and shelter, and in desperate circumstances, individual Plaintiffs and other
class members accepted the offer relying on these promises. They agreed to board a plane
at the invitation of total strangers because they trusted that the Defendants would provide
what they had promised.
32. For many class members, the Doe Defendants collected copies of the class members’
immigration paperwork so they could confirm that their immigration status met the
ultimate ends of their scheme. If the class members’ paperwork fit the bill, the Doe
Defendants engaged in further acts to lure them into being objects of the Defendants’
political agenda.
33. To induce the individual Plaintiffs’ and the class members’ trust in them, the Doe
Defendants provided what they purported to be their cell phone numbers so that the
individual Plaintiffs and the class members could call them with any questions about the
purported plan and when they reached their destination.
34. The Doe Defendants rounded up and sequestered the individual Plaintiffs and other class
members in hotel rooms while they gathered enough of them to fill two planes and carry
out their scheme. On information and belief, this took days of work by the Doe
Defendants. On information and belief, the Doe Defendants intentionally sequestered the
class members so that they could not discuss the arrangement and reveal Defendants’
inhumane scheme to any true Good Samaritans, and so that the class members would be
less likely to leave or change their minds since they were being provided free housing
while they waited.
35. After enough immigrants had been rounded up—enough to fill two planes—the
individual Plaintiffs and other class members were transported by the Doe Defendants to
a private airstrip, where they boarded two planes. The planes took off from Texas. At
some point during the flight, it was announced that the planes would land on Martha’s
Vineyard.
36. At various points during this scheme, the Doe Defendants made similar false
representations in furtherance of the conspiracy to individual Plaintiffs and the putative
class in written form as well.
37. Specifically, while on the plane, right before landing in Martha’s Vineyard, Defendants
provided the individual Plaintiffs each with a shiny, red folder that included other
official-looking materials, including: a brochure entitled “Massachusetts Refugee
Benefits” and instructions for how to change an address with U.S. Citizenship and
Immigration Services (USCIS), a federal agency which oversees immigration, including
USCIS Form AR-11, “Alien’s Change of Address Card.”
38. On information and belief, the brochure was manufactured by Defendants. The brochure
echoed the type of false representation that had been given orally, including statements
such as: “During the first 90 days after a refugee’s arrival in Massachusetts, resettlement
agencies provide basic needs support including…assistance with housing…furnishings,
food, and other basic necessities…clothing, and transportation to job interviews and job
training…assistance in applying for Social Security cards…registering children for
school….” The brochure had a separate section entitled “Refugee Cash Assistance
(RCA),” which stated: “Provides up to 8 months of cash assistance for income-eligible
refugees without dependent children, who reside in Massachusetts.” It had other sections
that described “targeted services for . . . employment.”
39. On information and belief, this brochure was not prepared by the Massachusetts Office
for Refugees and Immigrants, or any other Massachusetts agency or immigration services
organization.
40. On information and belief, Defendants manufactured the official-looking brochure—
lifting language from the Massachusetts Refugee Resettlement Program, a governmental
program with highly specific eligibility requirements for which no members of the
putative class are eligible—in order to buttress their false oral representations to Plaintiffs
in furtherance of the conspiracy described throughout this complaint.
41. Before the flight, class members were told they were heading to Boston, Massachusetts
or Washington, D.C. But right before landing, they were informed they were in fact going
to Martha’s Vineyard, an isolated Massachusetts island just south of Cape Cod, reachable
only by plane or boat.
42. Once the individual Plaintiffs and class members landed, it became clear that the
promises made to induce them on the planes were in fact bold-faced lies.
43. Defendants intentionally failed to inform anyone on Martha’s Vineyard—or, on
information and belief, anyone in the Commonwealth of Massachusetts—that the

individual Plaintiffs and the similarly-situated class members would be arriving.
Defendants also intentionally failed to arrange any of the services they had promised to
the individual Plaintiffs and the class members.
44. Defendants completely abandoned the class members. They did not travel with the class
members or connect them to or arrange for any services on arrival.
45. When those induced onto the planes disembarked in Martha’s Vineyard, it turned out that
no one was expecting their arrival, and uncertainty quickly ensued. In Texas, the Doe
Defendants had given telephone numbers to Plaintiffs and told them to call with any
questions. But once the planes landed in Massachusetts, the Doe Defendants were
suddenly nowhere to be found and unreachable by phone. Destitute and stranded, the
Plaintiffs were now even more vulnerable to precarious conditions.
46. Destitute, stranded, and immensely vulnerable, the individual Plaintiffs and class
members were faced with an uncertain situation in an unfamiliar location. They were left
in the dark, with nothing, on a tarmac on an island.
47. The individual Plaintiffs and the class members suffered economic, emotional, and
constitutional harms as a result of Defendants’ intentional, reckless, and negligent
conduct. Together, Plaintiffs have suffered harms the redress of which is incalculable but
at a minimum exceeds $75,000.
48. The next day, September 15, 2022, Defendant Florida Governor Ronald DeSantis
assumed responsibility for the scheme and publicly stated that he had orchestrated the
chartered flights as part of the state’s relocation program targeting immigrants. Defendant
DeSantis proclaimed: “We are not a sanctuary state, and we will gladly facilitate the
transport of illegal immigrants to sanctuary jurisdictions.”2
49. Defendant DeSantis stated that he had funded the scheme out of $12 million appropriated
by the Florida Legislature to Defendant Department of Transportation, and that he and his
associates will continue to undertake similar transport until those funds are exhausted.
50. To date, none of the Defendants has provided the individual Plaintiffs or putative class
members with any of the employment, permanent housing, or immigration assistance
they were promised.
The Individual Plaintiffs’ Experiences of Escaping a Humanitarian Crisis Only for the
Defendants to Use Them as Pawns in A Political Stunt
51. Both the Trump and Biden Administrations have consistently recognized the crisis in
Venezuela. The U.S. Department of State has issued a Level 4 “Do Not Travel” advisory
for Venezuela “due to crime, civil unrest, poor health infrastructure, kidnapping, . . .
terrorism and wrongful detentions.”3 The U.S. Department of Justice has similarly found
that “[e]xtraordinary . . . conditions . . . prevent Venezuelan nationals from returning [to
Venezuela] in safety includ[ing] severe economic and political crises, . . . which have an
impact across sectors.”4 Venezuelans face “limited access to food, basic services, and
adequate healthcare, and the deterioration of the rule of law and protection of human
rights.”5 Amnesty International has found that, in Venezuela, “[c]rimes under
2 Ron DeSantis (@GovRonDeSantis), ᴛᴡɪᴛᴛᴇʀ (Aug. 15, 2022, 12:29 PM),

https://twitter.com/GovRonDeSantis/status/1570449660019359744.
3 https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/venezuela-travel-
advisory.html
4 Id. at 55,026.
5 Id.
international law and human rights violations, including politically motivated arbitrary
detentions, torture, extrajudicial executions and excessive use of force have been
systematic and widespread . . . ..”
Plaintiff Yanet Doe
52. Plaintiff Yanet Doe was born in Venezuela.
53. She, her husband, their eleven-year-old son, and additional family members fled
Venezuela in or around July 2022. She and her family crossed the border into the United
States near Piedras Negras, Mexico, and immediately surrendered to federal officials at
the border.
54. Plaintiff Yanet Doe and her family were detained by federal immigration officials for
approximately six days. She and her family are subject to ongoing immigration
proceedings in Texas. She must appear in Texas for an immigration check-in next month
and a court hearing in February 2023.
55. Upon being released by federal immigration officials, Plaintiff Yanet Doe and her family
stayed at several churches and eventually took a bus to San Antonio. Volunteers directed
them to a shelter there known to house recent immigrants from Central and South
America. They stayed in that shelter for approximately 3 days.
56. While they were still near the shelter, Plaintiff Yanet Doe and her family encountered
Defendant Doe #1, a woman who identified herself as “Perla” who was asking people
outside the shelter if they needed help. Defendant Doe #1 shared her phone number with
Plaintiff, and Plaintiff called her.
57. Defendant Doe #1 asked Plaintiff Yanet Doe for a picture of Plaintiff’s immigration
notices. Plaintiff sent Defendant Doe #1 the immigration notices for herself, her husband,
and her son. The fact that Defendant Doe #1 asked Plaintiff Yanet Doe for her family’s
immigration notices worried Plaintiff Yanet Doe, but since Defendant had been kind and
supportive of her, and because Defendant was near the shelter known to support recent
immigrants, Plaintiff Yanet Doe believed that Defendant was genuinely trying to assist
her and her family.
58. Defendant Doe #1 then picked Plaintiff Yanet Doe and her family up and took them to a
hotel where the family stayed for approximately five days. Defendant Doe #1 and/or her
associates told Plaintiff that, if the family got on the flight she arranged, then Plaintiff
would be provided with permanent housing, work, educational resources for her son, and
help changing her address for immigration proceedings.
59. Defendant Doe #1 eventually arranged a shuttle to take Plaintiff Yanet Doe and her
family to the chartered flight. Plaintiff Yanet Doe asked if she could go to New York and
Defendant Doe #1 informed her that they would likely go to Washington, D.C. or another
“sanctuary state.”
60. During the flight, Plaintiff Yanet Doe learned that the plane would be landing on an
island in Massachusetts. When the plane landed, Plaintiff and her family did not have
anywhere to go, and no one was waiting for them.
61. Plaintiff Yanet Doe is concerned that an immigration judge will order her and her entire
family deported in absentia if they are unable to keep their scheduled appointments.
62. Since arriving in Martha’s Vineyard, Plaintiff Yanet Doe and her son have been in need
of mental health support because of the ordeal.

63. Upon arrival in Martha’s Vineyard, Plaintiff Yanet Doe felt helpless, defrauded, and
desperate. She started crying. She felt anxious and confused. As a result, she suffered
from lack of sleep and vertigo.
64. As a direct and proximate cause of the Defendants’ conduct, Plaintiff Yanet Doe and her
family have suffered emotional and economic harm, and irreparable harm to their dignity
and autonomy.
65. If Plaintiff Yanet Doe and her family had known that Defendant Doe #1 and the
Defendants had not arranged for—or even attempted to arrange for—housing,
employment, and immigration support services, or any other services, to be available to
them upon arrival in Massachusetts, they would not have accepted Defendant’s offer and
would not have boarded the plane to Massachusetts.
66. If Plaintiff Yanet Doe and her family had known that they would be deposited in
Martha’s Vineyard, or that the Defendants would use them as a political ploy in order to
send a message about their political views on immigration, and force photographs of
Plaintiff Yanet Doe and her family into the national media, Plaintiff Yanet Doe and her
family would not have accepted Defendant Doe #1’s offer and would not have boarded
the plane to Massachusetts.
Pablo Doe
67. Plaintiff Pablo Doe was born in Venezuela.
68. Plaintiff Pablo Doe fled Venezuela alongside his two brothers. They traveled through
various countries before reaching the U.S. border near Piedras Negras, Mexico, where
they immediately surrendered to federal border officials.

69. Plaintiff Pablo Doe and his brothers were held in federal custody for approximately 15
days.
70. After federal officials made the determination that they should be released, Plaintiff
Pablo Doe and his brothers remained in a shelter in San Antonio, Texas, for
approximately 3 days.
71. Upon leaving the shelter, Plaintiff Pablo Doe and his brothers encountered Doe
Defendants #1 and #2 parked outside the shelter. Doe Defendants indicated they worked
for an “anonymous” person who helped immigrants reach sanctuary states.
72. Doe Defendants reassured Plaintiff Pablo Doe that people were aware of their arrival and
would be waiting for them.
73. Doe Defendants made numerous promises to Plaintiff Pablo Doe and his brothers in order
to induce them to travel, including promises for: monetary assistance; housing;
immediate employment; food assistance; clothing; free English classes; and legal
assistance with their continuing immigration proceedings.
74. Based on these promises, Plaintiff Pablo Doe, along with his brothers, agreed to travel.
Doe Defendants then transported Plaintiff Pablo Doe and his brothers to a hotel, where
they stayed for approximately 3 days. During this time, they communicated with
Defendant Doe #1 using the phone number she gave them.
75. Doe Defendants made all travel arrangements, including a shuttle to the airport.
76. Upon arrival in Martha’s Vineyard, no one was waiting for Plaintiff Pablo Doe and his
brothers, and they had nowhere to go.

77. Plaintiff Pablo Doe attempted to reach Defendant Doe #1, but his efforts were to no avail;
she no longer responded to calls or messages to the number she had given them in Texas.
78. Upon arrival in Martha’s Vineyard, Plaintiff Pablo Doe felt helpless, defrauded, and
desperate. He felt anxious and confused. As a result of the scheme, he suffers from lack
of sleep.
79. As a direct and proximate cause of the Defendants’ conduct, Plaintiff Pablo Doe and his
brothers have suffered emotional and economic harm, and irreparable harm to their
dignity and autonomy.
80. If Plaintiff Pablo Doe and his brothers had known that Defendant Doe and the Defendants
had not arranged for, or even attempted to arrange for, housing, employment, and
immigration support services, or any other services, to be available to them upon arrival
in Massachusetts, they would not have accepted Defendant Doe’s offer and would not
have boarded the plane to Massachusetts.
81. If Plaintiff Pablo Doe and his brothers had known that they would be deposited in
Martha’s Vineyard, or that the Defendants would use them as a political ploy in order to
send a message about their political views on immigration, and force photographs of
Plaintiff Pablo Doe and his brothers into the national media, Plaintiff Pablo Doe and his
brothers would not have accepted Defendant Doe’s offer and would not have boarded the
plane to Massachusetts.
Jesus Doe
82. Plaintiff Jesus Doe was born in Venezuela.
83. Plaintiff Jesus Doe fled Venezuela. He reached the U.S. border near Piedras Negras,
Mexico, and immediately surrendered to federal border officials.

84. Plaintiff Jesus Doe was held in federal custody for approximately a day and a half, when
federal immigration officials made the determination that he should be released.
85. Plaintiff Jesus Doe received a federal notice scheduling him for a supervised immigration
visit in Virginia in October 2022.
86. In San Antonio, Plaintiff Jesus Doe stayed in a shelter—San Pedro 7000—known to
house recent immigrants in the beginning of their federal immigration proceedings. After
approximately three nights, he left the shelter and slept on the street nearby.
87. While there, he was approached by “Perla” (Defendant Doe #1), who said she could help
him. She asked that he share his federal immigration notices with her, so he did. She told
him she had helped many Venezuelans before and wanted to help him.
88. Defendant Doe #1 told Plaintiff Jesus Doe that she could get him on a plane to
Washington, D.C. or Boston and could provide a hotel in which he could stay.
89. On September 14, 2022, at 7 a.m., Defendant Doe #1 gathered several dozen people,
including Plaintiff Jesus Doe, to sign a document in order to receive a $10 McDonald’s
gift card. She did not explain what the document stated, and it was not completely
translated to Spanish: an entire paragraph about liability and transport was not translated
at all, and language specifying that the journey would take place from Texas to
Massachusetts was not translated at all either.
90. Plaintiff Jesus Doe was directed to write his name, date of birth and signature on the
document before he would receive the gift card. Plaintiff Jesus Doe was not given time to
read or review the document. He received no explanation of what he was signing.

91. Plaintiff Jesus Doe was told by the Doe Defendants when they first met that by leaving
Texas, he would be provided with permanent housing, stable employment, and help with
his immigration process.
92. Upon arrival in Martha’s Vineyard, MA, he realized these promises were fraudulent. He
and the other Plaintiffs did not have anywhere to go. No one on the island was expecting
them. They were simply abandoned there.
93. When he realized the situation was not what he was told it would be, Plaintiff Jesus Doe
worriedly sent a voice message to the phone number Defendant Doe #1 had given him,
asking, “One question, what institution are we supposed to look for? We arrived and no
one is saying anything.” Defendant Doe #1 never responded, and he has not heard from
her again.
94. If Plaintiff Jesus Doe had known that Defendant Doe #1 had not arranged for, or even
attempted to arrange for, housing, employment, and immigration support services, or any
other services, to be available to him upon arrival in Massachusetts, he would not have
accepted Defendant Doe #1’s offer and would not have boarded the plane to
Massachusetts.
95. If Plaintiff Jesus Doe had known that he would be deposited in Martha’s Vineyard, or
that the Defendants would use him as a political ploy in order to send a message about
their political views on immigration, and force photographs of Plaintiff Jesus Doe into the
national media, Plaintiff Jesus Doe would not have accepted Defendant Doe #1’s offer
and would not have boarded the plane to Massachusetts.

96. As a direct and proximate cause of the Defendants’ conduct, Plaintiff Jesus Doe has
suffered emotional and economic harm, and irreparable harm to his dignity and
autonomy.
97. Upon arrival in Martha’s Vineyard, Plaintiff Jesus Doe felt felt helpless, defrauded, and
desperate. He felt anxious and confused. As a result, he suffered from lack of sleep and
vertigo
98. Plaintiff Jesus Doe feels defrauded and tricked. The experience of being transported to
Martha’s Vineyard under false pretenses was traumatizing to him. Plaintiff Jesus Doe is
concerned that this experience will also negatively impact his son in Venezuela.
The Class of Affected Immigrants
99. The individual Plaintiffs bring this lawsuit as a class action pursuant to Federal Rule of
Civil Procedure 23 on behalf of a class consisting of all immigrants who have been, or
will in the future be, induced by Defendants to travel across state lines by fraud and
misrepresentation.
100. Plaintiffs reserve the right to amend the definition of the above-defined classes
based on discovery or legal developments.
101. The Class meets all the prerequisites of Rule 23 of the Federal Rules of Civil
Procedure.
102. At least fifty (50) individuals have been transported pursuant to Defendants’
relocation scheme to date, and Defendants have stated that they plan to continue
operating the program until all of the $12 million allocation for the scheme is expended,
making joinder of all members impracticable.
103. The Plaintiffs’ claims are typical of the claims of putative class members.
104. Common issues, including whether Defendants fraudulently induced Plaintiffs to
board a plane and cross state lines through misrepresentations and false promises,
whether Defendants intentionally failed to arrange for the promised services at the
destination, and whether such conduct subjects them to liability, predominate over any
individualized issues.
105. Plaintiffs and their counsel, who have been class counsel in numerous other civil
rights cases, will adequately represent the putative class. A class action is the superior
method of trying these claims. Joinder of the individual class members of the sub-class is
impracticable because there are over 25 members, nearly all of whom require translation
services to participate in litigation, and many of whom may relocate during the course of
this litigation.
The Organizational Plaintiff’s Experience—Alianza Americas Has Had to Bear the

Burden of Addressing and Protecting Immigrants Against Defendants’ Illegal
Conduct
106. Alianza Americas and its 53 member organizations are incurring concrete and
ongoing injuries as a direct result of Defendants’ conduct. Because of Defendants’
conduct, Alianza Americas and its member organizations have been, and will continue to
be, required to shift their focus from their regular operations to such activities as holding
community programming to educate immigrant-serving communities against Defendants’
conduct: that offers of assistance made to newly-arrived immigrants may be ruses by
State government officials who are attempting to make a political point and the need to
respond to identify the needs that arise from this scheme, including legal assistance,
mental health crises, transportation, housing, food, and clothing. Alianza Americas and
its members are also helping to train state and local officials – including the National
Guard – on the legal, social and cultural background of the newly-arrived immigrants.
Members of Alianza Americas include Central American Resource Center DC
(CARECEN DC); Centro Romero; Chicago Religious Leadership Network on Latin
America (CRLN); and Pueblos Transnacionales.
107. In addition, when the challenged conduct occurs and immigrants are transported
to a distant community purposefully without advance notice and for political purposes,
Alianza Americas’ member organizations are forced to mobilize staff and coordinate
efforts and strategy on an emergency basis. The fallout from Defendants’ illegal actions
strains the organizations’ already limited resources. Such emergency efforts—which
Alianza Americas must continue if the Defendants are allowed to continue their
conduct—have diverted from the member organizations’ scarce time, resources and main
programming.
108. Plaintiff Alianza Americas’ mission is to create an inclusive, equitable, and
sustainable way of life for migrant communities living in the United States and across the
Americas. It pursues that mission by, among other things, providing education to
immigrants, immigrant-serving organizations, and the general public; and fundraising for
institutions that provide shelter and other services to immigrants and asylum seekers.
109. Defendants’ conduct as alleged herein directly undermines Alianza Americas’
mission by taking advantage of vulnerable immigrants, inducing them to travel under
false pretenses, abandoning them without resources, targeting them for disparate
treatment based on their race, national origin, and alienage, and using them as political
props. All these activities harm the immigrant communities Alianza Americas exists to
serve and undermine its mission to foster equity and inclusivity.

110. In addition, Plaintiff Alianza Americas has had to take several steps to counteract
the negative effects of Defendants’ conduct on its mission. These include: (1) mobilizing
staff to educate member organizations and government officials about Defendants’
actions; (2) diverting resources to coordinate emergency assistance for affected
individuals and create a response plan for future transportations; and (3) spending money
to develop materials and trainings to inform immigrants and community advocates about
Defendants’ conduct and how to avoid being injured by it.
111. Furthermore, Alianza Americas provides direct immigration counseling services
to recent immigrants through its member organizations, including organizations across
the country from California to Washington, D.C. Those member organizations have also
had to expend significant time and resources developing advice and legal strategies to
protect their vulnerable immigrant clients from Defendants’ conduct.
112. To the extent the relocation scheme is allowed to continue, Plaintiff, and many of
its members, will have to keep diverting resources and adjusting operations to educate the
public and protect those affected in furtherance of their missions.
CAUSES OF ACTION
First Cause of Action

(Violation of Fourth and Fourteenth Amendments: Illegal Seizure/False Arrest Pursuant to
42 U.S.C. § 1983)
(Against All Defendants)
113. The Plaintiffs reallege and incorporate each and every allegation contained in the
preceding paragraphs.
114. At all relevant times, Defendants acted “under color of state law” within the
meaning of 42 U.S.C. § 1983.

115. The Fourth Amendment protects individuals from “unreasonable … seizures.”
U.S. Const., amend. IV.
116. By fraudulently inducing individual Plaintiffs to cross state lines in the manner
described herein, Defendants unreasonably seized Plaintiffs without just cause.
117. Particularly after the individual Plaintiffs had boarded the airplanes and were in
mid-air, Plaintiffs were not free to leave, and were induced into that condition through
false promises and misrepresentations. This constitutes a governmental termination of
Plaintiffs’ freedom of movement through means intentionally applied.
118. As a direct result of Defendants’ conduct, Plaintiffs have suffered harm as
described above.
Second Cause of Action

(Violation of Fourteenth Amendment: Substantive Due Process Pursuant to 42 U.S.C. §
1983)
120. The Fourteenth Amendment to the U.S. Constitution prohibits states from
depriving “any person of life, liberty, or property, without due process of law.”
121. By fraudulently inducing individual Plaintiffs to board an airplane and cross state
lines in the manner described herein, Defendants engaged in an egregious abuse of power
that deprived individual Plaintiffs of their liberty in a manner that shocks the conscience.
122. Defendants robbed individual Plaintiffs’ liberty in the most basic sense: denying
them the freedom of movement without just cause.
123. Defendants also took their actions in bad faith and with wanton indifference for
the individual Plaintiffs’ well-being. Despite Plaintiffs’ obvious vulnerabilities,

Defendants misled Plaintiffs, transported them to an unfamiliar place thousands of miles
away from their ongoing immigration proceedings, and left them to fend for themselves
without promised resources. Although Defendants held themselves out as wanting to help
individual Plaintiffs, in fact they sought to use them as props in a political stunt. Plaintiffs
had no knowledge of this ulterior motive on the part of Defendants and did not consent to
be used in this way.
124. Defendants’ actions not only offend all notions of fairness, but they also stripped
Plaintiffs of their basic human dignity, in violation of due process.
125. As a direct result of Defendants’ conduct, Plaintiffs have suffered harm as
described above.
Third Cause of Action

(Violation of Fourteenth Amendment: Equal Protection pursuant to 42 U.S.C. § 1983)
127. The Fourteenth Amendment to the U.S. Constitution provides that “No State shall
. . . deny to any person within its jurisdiction the equal protection of the laws.”
128. Defendants’ conduct of inducing immigrants to travel across state lines by fraud
and misrepresentation discriminates against individuals on the basis of race and national
origin.
129. This conduct intentionally and invidiously targets individuals who are racial and
national origin minorities because of their race and/or national origin.

130. This conduct impermissibly deprives individuals who are targeted because of their
race and national origin of the equal protection of the laws within the meaning of the
Fourteenth Amendment to the U.S. Constitution.
131. This conduct impermissibly discriminates against non-citizen Plaintiffs on the
basis of alienage and deprives them of the equal protection of the laws within the
meaning of the Fourteenth Amendment to the U.S. Constitution.
132. At all relevant times, Defendants acted “under color of state law” within the
meaning of 42 U.S.C. § 1983.
133. Defendants caused the harms alleged herein to the Plaintiffs on account of their
national origin. On information and belief, Defendants have not transported any white
individuals or individuals born in the United States through their relocation scheme, but
rather have intentionally targeted only individuals who are non-white and born outside
the United States.
134. As a direct and proximate cause of such acts, Defendants have violated 42 U.S.C.
§ 1983 and caused harm to Plaintiffs by violating the Plaintiffs’ Fourteenth Amendment
right to equal protection under the laws and will continue to violate the rights of other
similarly-situated individuals in the future.
Fourth Cause of Action

(Violation of 42 U.S.C. § 2000d)
(Against Defendants DeSantis, Perdue, State of Florida, Florida Department of
Transportation)
136. 42 U.S.C. § 2000d provides that “No person in the United States shall, on the
ground of race, color, or national origin, be . . . subjected to discrimination under any
program or activity receiving Federal financial assistance.”
137. Defendants receive Federal financial assistance, including but not limited to
through the Coronavirus State Fiscal Recovery Fund.
138. Defendants’ conduct of inducing immigrants to travel across state lines by fraud
and misrepresentation discriminates against individuals on the basis of race and national
origin.
139. This conduct intentionally and invidiously targets individuals who are racial and
national origin minorities because of their race and/or national origin.
140. This conduct impermissibly deprives individuals who are targeted because of their
race and national origin in a manner that violates federal law.
141. As a direct and proximate cause of such acts, Defendants have violated 42 U.S.C.
§ 2000d and caused harm to Plaintiffs, and will continue to violate the rights of other
similarly-situated individuals in the future.
Fifth Cause of Action

Violation of Supremacy Clause; 42 U.S.C. § 1983
143. The Supremacy Clause, Article VI, Section 2, of the U.S. Constitution states:
This Constitution, and the Laws of the United States which shall be made in
Pursuance thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the Land; and the
Judges in every State shall be bound thereby, any Thing in the Constitution of
Laws of any State to the Contrary notwithstanding.
144. The Supremacy Clause mandates that federal law preempts state law and policy in
any area which is constitutionally reserved to the federal government, over which
Congress expressly or impliedly has reserved exclusive authority, and/or where state law
or policy conflicts or interferes with federal law.
145. The Constitution grants the federal government sole and exclusive power to
regulate immigration. U.S. Const., art. I, § 8, cls. 3-4.
146. As part of its immigration power, the federal government has exclusive authority
to enact and to enforce regulations concerning which immigrants to admit, exclude,
remove, or allow to remain in the United States. The federal government also has
exclusive authority over the terms and conditions of an immigrant’s stay in the United
States. State governments do not have these powers.
147. Pursuant to its powers, the federal government has established a comprehensive
system of laws, regulations, procedures, and administrative agencies that determine
whether and under what conditions an immigrant may enter and live in the United States.
148. Defendants’ conduct of paying for, coordinating, and executing the travel of
immigrants, who are under the active management of federal immigration authorities, to
various locations across the country through false representations and for the purpose of
making a political point about federal immigration policy, directly conflicts with, and
attempts to supplant, federal immigration law.
149. Defendants’ conduct conflicts with federal laws and policies, usurps powers
constitutionally vested exclusively in the federal government, attempts to legislate and
regulate in a field occupied exclusively by the federal government, and imposes burdens
on the federal government’s resources and processes, each in violation of the Supremacy
Clause.
Sixth Cause of Action

(Violation of Fourteenth Amendment: Procedural Due Process Pursuant to 42
U.S.C. § 1983)
151. The Due Process Clause of the Fourteenth Amendment to the U.S. Constitution
provides that states shall not “deprive any person of life, liberty, or property, without due
process of law.”
152. Plaintiffs have a protected liberty and/or property interest in being able to proceed
through the federal immigration process unimpeded and without state interference.
153. Defendants’ scheme, which transported Plaintiffs thousands of miles away from
the loci of their federal immigration proceedings under false pretenses—including false
promises to assist them with immigration issues—deprived them of that right.
154. Defendants provided Plaintiffs with no hearing or proceeding of any kind before
this deprivation and, therefore, violated Plaintiffs’ procedural due process rights.
Seventh Cause of Action

(Violation of 42 U.S.C. 1985(3): Civil Rights Conspiracy)
(Against All Individual Defendants)
156. Through the actions described herein, Defendants engaged in a conspiracy to
deprive Plaintiffs of their civil rights.

157. Defendants—each Defendant and Defendants collectively—acted in concert to
deprive Plaintiffs of their rights as described above. Defendants agreed in and amongst
themselves to inflict this injury on the Plaintiffs.
158. As described herein, the effort undertaken by Defendants was orchestrated and
engineered by Defendant DeSantis, and the additional individual Defendants each acted
in concert with each other to carry out the conduct.
Eighth Cause of Action

American Rescue Plan Act of 2021/Coronavirus State Fiscal Recovery Fund
160. The American Rescue Plan Act of 2021 (ARPA) created the Coronavirus State
Fiscal Recovery Fund to respond to the COVID-19 pandemic and its economic effects.
161. Such funds may only be used for specified purposes related to the COVID-19
pandemic emergency and related economic effects.
162. The $12 million that the Defendant State of Florida appropriated for the
Defendants’ challenged conduct originated from the federal Coronavirus State Fiscal
Recovery Fund and was therefore subject to its use restrictions.
163. The conduct alleged herein by Defendants is not among the authorized uses of
such funds.
164. Defendant DeSantis has stated that he plans to continue to use such funds for
these unauthorized purposes.

Ninth Cause of Action

False Imprisonment
166. The Defendants intentionally conspired to confine the individual Plaintiffs to the
aircraft that transported them to Martha’s Vineyard.
167. The individual Plaintiffs were harmed as a result of the Defendants’ intentional
and unjustified confinement of them. The Plaintiffs’ participation in the federal
immigration processes—to which they are constitutionally entitled—was impeded, as
they were transported thousands of miles away from where they needed to continue
immigration proceedings. Plaintiffs were not informed that they would be flown to an
island off the coast of Massachusetts that can only be reached by plane or ferry. The first
time that many of the putative class learned that their destination was Martha’s Vineyard
was when they were in mid-air. When they arrived, they were not provided with any of
the goods and services which they were promised by Defendants. They felt defrauded and
tricked and were traumatized by the experience.
Tenth Cause of Action

Fraud/Deceit
169. The Doe Defendants, in conspiracy with all Defendants, made false
representations to the individual Plaintiffs to induce them to travel, including statements
that Plaintiffs would be provided with employment and housing opportunities, and, in the
case of Plaintiffs with children, schooling.

170. Defendants did not provide such benefits to Plaintiffs—indeed, Defendants had
no intention of providing such benefits. The individual Doe Defendants who had directly
induced Plaintiffs to travel and had given Plaintiffs contact information to call them
became unreachable the moment the Plaintiffs were deposited on Martha’s Vineyard.
171. Plaintiffs were not informed that they would be flown to an island off the coast of
Massachusetts that can only be reached by plane or boat. The first time that many of the
putative class learned that their destination was Martha’s Vineyard was when they were
in mid-air.
172. Defendants concealed from Plaintiffs their true purpose of facilitating travel,
which was to make a political point about federal immigration policy.
173. The Plaintiffs reasonably relied on the Defendants’ promises to their detriment.
As recent immigrants from countries facing humanitarian crises, they needed stable
housing, work, and basic human services. They trusted the Defendants’ promises to
provide these things, and as a result found themselves thousands of miles from where
they needed to participate in federal immigration proceedings without the Defendants
providing any of the promised goods or services.
Eleventh Cause of Action

Intentional Infliction of Emotional Distress
175. The Doe Defendants, individually and in concert, intentionally inflicted emotional
distress on the individual Plaintiffs through their actions as described throughout this
complaint.
176. The Defendants intended to induce the individual Plaintiffs to board a plane to
Martha’s Vineyard under false pretenses. Upon arrival, the Plaintiffs learned that no one
in Massachusetts or Martha’s Vineyard was expecting them. The Defendants were
unreachable.
177. It was only after they were already in Martha’s Vineyard that they learned that the
individual Doe Defendants, who had held themselves out as simply wanting to help, were
in fact acting in concert with Defendants DeSantis and Perdue, who claimed
responsibility for the relocation under the auspices of a “relocation program” of
Defendant State of Florida. It was only after they were already in Martha’s Vineyard that
Plaintiffs learned of Defendants’ true motive, which was to use them to make a political
point about immigration.
178. The Defendants’ actions were extreme and outrageous, and utterly intolerable in a
civilized community.
179. The Defendants’ actions caused severe emotional distress to the Plaintiffs. The
Plaintiffs had relied on the Defendants’ promises of support and social services—basic
human needs of which, as recent immigrants, they were in particularly desperate need.
When they became aware that they were transported thousands of miles away from
Texas, where they need to continue with their federal immigration proceedings, without
any of the support from the Defendants, they became emotionally traumatized.
Twelfth Cause of Action

Negligent Infliction of Emotional Distress
181. Defendants negligently inflicted emotional distress on the individual Plaintiffs
through their actions described throughout this complaint. This negligent infliction of
emotional distress caused the Plaintiffs dignitary harms and physical manifestations of
harm requiring mental health counseling and support.
WHEREFORE, the Plaintiffs respectfully request that this court:
a. Certify this action as a class action pursuant to F.R.C.P. 23;
b. Designate Plaintiffs Yanet Doe, Pablo Doe and Jesus Doe as Class Representatives;
c. Designate Plaintiffs’ Counsel as Class Counsel;
d. Declare that Defendants’ conduct in inducing the individual Plaintiffs to travel across
state lines by fraud and misrepresentation violates the U.S. Constitution and federal and
states cited above;
e. Enjoin Defendants from inducing immigrants to travel across state lines by fraud and
misrepresentation;
f. Award compensatory, emotional distress, and punitive damages to the individual
Plaintiffs and the class in an amount to be determined at trial;
g. Award Plaintiffs’ their attorneys’ fees and costs; and
h. Order such additional relief as the Court deems just and proper.
JURY DEMAND
Plaintiffs request a trial by jury on all claims so triable.
/s/ Oren Sellstrom

Oren Sellstrom (BBO #569045)
Iván Espinoza-Madrigal (BBO # 708080)
Jacob Love (BBO #699613)
Mirian Albert (BBO #710093)
Lawyers for Civil Rights
61 Batterymarch Street, 5th Floor
Boston, MA 02110
(617) 482-1145
osellstrom@lawyersforcivilrights.org

DeSantis Class Action

Uploaded by

Copyright:

Available Formats

DeSantis Class Action

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

DeSantis Class Action

Uploaded by

Copyright:

Available Formats

What were the plaintiffs promised by the defendants?

What were the plaintiffs promised by the defendants?

How did the defendants transport the plaintiffs?

How did the defendants transport the plaintiffs?

Case 1:22-cv-11550 Document 1 Filed 09/20/22 Page 1 of 35

IN THE UNITED STATES DISTRICT COURT

ALIANZA AMERICAS, and YANET DOE, PABLO

RONALD DESANTIS, Governor of Florida in his

CLASS ACTION COMPLAINT AND JURY DEMAND

situated, by and through undersigned counsel, allege on personal knowledge, information,

and belief as follows:

pertinent to the allegations in this Complaint has had—active federal proceedings to

officials to remain in the United States.

deserving of dignity and empathy as anyone among us.

3. In or around September 2022, Defendants and their unidentified accomplices designed

offering humanitarian assistance.

evening, with no food, water or shelter. No one on Martha’s Vineyard—or, on

information and belief—anywhere in Massachusetts—knew they were coming. The Doe

wrong.” Instead, the scheme worked exactly as the Defendants intended.

interfered with the Federal Government’s exclusive control over immigration in

furtherance of an unlawful goal and a personal political agenda.

JURISDICTION AND VENUE

§ 1367 over the related claims arising under state law.

of Massachusetts, and caused tortious injury in the Commonwealth. Further, exercising

federal laws under Federal Rule of Civil Procedure 4(k)(2)(B).

the Commonwealth of Massachusetts by knowingly and intentionally arranging to

transport migrants to the Commonwealth. In light of Defendants’ intentional availment of

the benefits of the Commonwealth, Defendants voluntarily subjected themselves to the

Commonwealth and derives substantial revenue from goods used or consumed or

services rendered in the Commonwealth.

judicial district. Venue is also proper under 28 U.S.C. § 1391(b)(3).

all people in the U.S.-Mexico-Central America migration corridor. Alianza Americas is

breadth of programming and resources to immigrant communities, immigrant-serving

democratic participation. Alianza Americas is a not-for-profit corporation organized

ultimately arrived in Martha’s Vineyard on September 14, 2022.

Defendants to board a plane in Texas that ultimately arrived in Martha’s Vineyard on

September 14, 2022.

Texas that ultimately arrived in Martha’s Vineyard on September 14, 2022.

DeSantis is sued in both his official and individual capacities.

scheme is appropriated to the Florida Department of Transportation, which Defendant

Defendant Perdue is sued in both his official and individual capacities.

21. Defendant State of Florida is one of the United States.

22. The Florida Department of Transportation is an agency of the State of Florida.

amend the complaint when they ascertain her real name.

amend the complaint when they ascertain his real name.

either participated in the inducement of Plaintiffs to travel, coordinated and/or supported

Defendants’ real names.

The Defendants’ Scheme to Defraud Vulnerable Immigrants to Advance a Political Motive

people—all recent immigrants to the United States—landed on the island of Martha’s

local air traffic controller.

to their arrival in Martha’s Vineyard, orchestrated by Defendant DeSantis and

implemented by the other Defendants.

would receive assistance with their immigration proceedings at their destination.

class members would be arriving.

what they had promised.

purported plan and when they reached their destination.

while they waited.

representations in furtherance of the conspiracy to individual Plaintiffs and the putative

class in written form as well.