Release granted to individual who suffered severe cardiac and muscle complications after he was tazed 15-20 times during his arrest. The individual required tests that were not completed in custody, and the court held that ICE had actual knowledge of the individual's medical needs and had not taken any action. The court found that COVID-19 constituted extraordinary circumstances and granted the motion to compel immediate release.
Avedaño Hernandez v. Decker, No. 1:20-cv-01589-JPO, 2020 WL 1547459 (S.D.N.Y. Mar. 31, 2020).
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Hudson County Correctional Facility
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
§ 2241 Habeas
"Reasonable bond conditions" to be proposed no later than April 1, 2020
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Cardiac Disease, Other, Tazed 15-20 times in the back and legs; right bundle branch block and rhabdomyolysis (breakdown of muscle fiber releasing protein into the blood, potentially causing kidney damage, electrolyte imbalance, or death)
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.