26 individual plaintiffs held in a civil immigration center filed a “Petition for Writ of Habeas Corpus and Complaint for Declaratory and Injunctive Relief,” alleging that defendants have failed to take necessary action to reduce the risk of COVID-19 to detained persons and staff. Of the 26 plaintiffs, 24 allege that at some point they either tested positive for COVID-19 or exhibited symptoms of the virus but were not tested. Since the plaintiffs do not claim any illegality regarding the reasons for their detention, the court granted the defendants' motion to dismiss regarding the habeas claims only. The court also dismissed as moot the claims of the plaintiffs who are no longer detained at the civil immigration center. The plaintiffs' civil rights claims were not dismissed.
Carballo v. Barr, 491 F. Supp. 3d 860 (D. Nev. 2020)
DETAILS
Decision
Date
09/30/2020
Practice Area
Immigration
Relief Requested
Improved Conditions, Release
Type of Court
Federal District Court
Location
Nevada
Type of Case
Group
Case Characteristics
Elderly, Immigrant Detention, Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:20-cv-01315-APG
MORE CASE INFORMATION
Court Name
D. Nev.
Decision
Motions Partially Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Nevada Southern Detention Center
Legal Authority
Fifth Amendment - Prolonged Detention, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Case Status
Decision Made
Motions Partially Granted
The judge granted the defendants’ motion to dismiss under 12(b)(6) as to the plaintiffs’ habeas claims, but denied the motion to dismiss on the plaintiffs’ civil rights claims.
COVID-19 Positive or Symptomatic
Yes
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.