The court granted a temporary restraining order (TRO) ordering the release of four medically vulnerable immigrant detainees. The court previously denied the TRO for these four (of seven) petitioners and an amended petition was filed with new evidence of medical conditions and vulnerability to COVID-19, including hypertension, history of smoking, and asthma. The court now granted the motion, finding that the petitioners had shown a likelihood of success on their deliberate indifference claims. The court further held petitioners were entitled to release on bail pursuant to Mapp v. Reno, 241 F.3d 221 (2d Cir. 2001), finding that Mapp applied to detention under both 8 U.S.C. §§ 1226(a) and (c).
Barbecho v. Decker (Barbecho II), No. 20-cv-2821 AJN, 2020 WL 2513468 (S.D.N.Y. May 15, 2020)
DETAILS
Decision
Date
5/15/2020
Practice Area
Immigration
Relief Requested
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Group
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
20-cv-2821-AJN
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Bergen County Jail
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Age, Anxiety, Asthma, Diabetes, High Cholesterol, Hypertension (high blood pressure), Other, Pre-Diabetes, Smoking, Chronic burning sensation, severe nerve pain, and long-lasting muscle spasms
Pre-Existing Health Conditions Notes
Age (52); Asthma (severity not specified)
COVID-19 Positive or Symptomatic
No
Charges
Petitioner 2: charged with sexual contact with an individual incapable of giving consent; sexual abuse; and harassment; offer of disorderly conduct. Petitioner 3: charged with robbery; assault; harassment; criminal contempt; charges dismissed.
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
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.