The government filed a motion to dismiss and strike an amended class complaint, arguing all four named parties’ claims were moot. The court ruled that one party's claim was not moot because she had only been released from detention through the court's grant of preliminary relief. The court deferred ruling on the motion for class certification until the government provided supplemental information about the size of the proposed class, members' medical conditions, and the reasons for detention.
Barrera v. Wolf, No. 4:20-CV-1241, 2020 U.S. Dist. LEXIS 91521 (S.D. Tex. May 25, 2020)
Class Certification, Other, Release, Temporary Restraining Order (TRO), Motion for Modification of Probation Conditions
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Motions Partially Granted
Place of Incarceration
Name of Facility
Montgomery Processing Center
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)
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.