Court denied TRO in immigration § 2241 habeas requesting release from detention. Petitioner was 65 years old, had a history of smoking and alcoholism, suffered from depression and anxiety as well as high blood pressure. The court held that only the petitioner's age was a COVID-19 risk factor and that there was no deliberate indifference at the facility because there were no confirmed cases and there were "significant hygienic measures in place for protection." Additionally, the court highlighted a lengthy history of DUIs as further reason to keep the petitioner detained.
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Convictions
Possession of controlled substance analogues and Operating a Motor Vehicle While Intoxicated -- 3rd Offense. History of "seven serious impaired driving convictions."
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.