A woman whose legs were amputated following a vehicle accident caused by an undocumented immigrant has filed a complaint against the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement over claims that the government is denying her access to the man’s records.
Niche Knight was seriously injured by Alfredo DeJesus Flores when she was struck by the man’s car while she was standing outside of her own vehicle attempting to fix a flat tire outside of Norristown State Hospital, her place of employment, the sit says.
The incident occurred in early October 2011 at about 11 o’clock at night, records show.
Flores was allegedly unlicensed, uninsured and driving while impaired at the time of the accident.
Knight subsequently filed suit against Flores and others in the Montgomery County Court of Common Pleas.
Meanwhile, Flores spent time in the Montgomery County Prison as a result of his crimes arising from the vehicle accident.
Flores was then sent to prison in York County under a detainer by U.S. Immigration and Customs Enforcement, according to Knight’s lawsuit, which was filed at U.S. District Court in Philadelphia on March 13.
Knight’s complaint says in looking to serve Flores with her state court civil action, she made a request to ICE for the man’s alien number and present or last known address for the purpose of informing him about the suit and serving him with process.
The government agency, however, denied the plaintiff access to this information on the grounds that it was exempt from disclosure since revelation of such information could be expected to be an “unwarranted invasion of Mr. Flores’ privacy,” the federal complaint states.
Knight appealed ICE’s decision, but the government ultimately upheld the ruling.
Knight claims she has a right of access to the requested information and that there is no legal basis for the defendants’ denial of such access.
The plaintiff seeks to have a judge order the defendants to turn over to her the requested information.
She also seeks attorney’s fees and court costs.
The complaint was filed by Philadelphia attorney Robert Land.
The federal case number is 2:14-cv-01520-GP.