TRO seeking release was granted to two individuals in immigrant detention. The individuals had health problems including arthritis and fractured bones that are not CDC risk categories. Regardless, the court held that the government may not place civil detainees in dangerous situations, especially situations of the government's making, and that the conditions of detention likely create a substantial risk of harm. In Adelanto, individuals are "not kept at least 6 feet apart from others at all times" and "[t]hey have been put into a situation where they are forced to touch surfaces touched by other detainees, such as with common sinks, toilets and showers." Similarly, the rotation of guards and staff onto the facility continued, despite risk of asymptomatic spread.
Castillo v. Barr, No, 5:20-cv-00605-TJH, 2020 WL 1502864 (C.D. Cal. Mar. 27, 2020).
Release, Temporary Restraining Order (TRO)
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
Adelanto Correctional Facility
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.