An immigrant who is a legal permanent resident of the United States was held in an Alabama jail for 27 days on an ICE detainer that had expired, a lawsuit claims.

Ricardo Villalta was arrested on a public intoxication charge at a gas station in Prattville on Jan. 27, 2024.

He was taken to the Autauga County Metro Jail and booked by the sheriff’s office, according to a lawsuit filed in federal court.

“Sheriff (Mark) Harrell… unlawfully denied Villalta his freedom and constitutionally guaranteed due process of the law,” the suit, filed in March 2025 alleges.

The sheriff and his attorneys did not respond to a request for comment.

Villalta’s attorney also did not respond.

Villalta is a legal permanent resident of the U.S., according to the suit.

When he was arrested, he was carrying an Alabama driver’s license and other papers showing he was in the country legally.

Once at the jail, officers put Villalta on the phone with a federal immigration agent.

He shared his Social Security number, birthday and phone number and explained he had legal status, according to the suit.

His wife tried to post bond for him but was told by the sheriff’s office that ICE had placed a detainer on him.

An ICE detainer lasts 48 hours and decision-making authority stays with the sheriff, according to the lawsuit.

The lawsuit claims that ICE issued a detainer for Villalta without probable cause and then the sheriff held him for nearly a month, telling his family he was acting under the detainer, which was false, according to the suit.

On February 7, Villalta appeared before a municipal court judge in Prattville and pled guilty to public intoxication.

He was sentenced with a fine and credit for time served.

The judge ordered his release from jail, according to the suit, and told him he would get out that evening or the next day.

Still, the sheriff did not release Villalta.

The following morning, his son, Ricardo Villalta Jr., went to speak with the sheriff.

He mentioned the court order and was told, “That only happens in the movies,” according to the complaint.

The sheriff held Villalta for 27 days, releasing him March 5, according to the suit.

“Each day Mr. Villalta asked about his release, but was given no information or explanation,” the complaint states.

The lawsuit alleges that during his month in the jail, his cellmate threatened to kill him and “performed disturbing and grotesque acts in the cell,” the complaint states.

“Mr. Villalta’s cellmate cut a (hole) in his sleeping mattress, filled it with water and white bread saved from the bologna sandwiches served in the jail, and then engaged in sex acts with the mattress,” the suit states.

Villalta’s complaints were ignored. His lawsuit alleges he lost weight due to stress.