The court granted, in part, a preliminary injunction in the form of release for thirteen medically vulnerable individuals. 16 originally filed, two were denied and one was released prior to the order. The Court found Petitioners, through individual assessments, proved that “detention constitutes a significant and heightened risk that they will contract COVID-19.” Among the factors the Court considered included: whether one was diagnosed or exposed with COVID-19 or is experiencing symptoms consistent with the disease; and whether one is at higher risk of contracting COVID-19 due to the petitioner’s age or an underlying health condition.
Dada v. Witte, 20-cv-00458 (JPM), 2020 WL 2614616 (W.D. La. Apr. 30, 2020)
DETAILS
Decision
Date
4/30/2020
Practice Area
Immigration
Relief Requested
Class Certification, Implementing Release Procedures, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Louisiana
Type of Case
Group
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
20-cv-00458-JPM
MORE CASE INFORMATION
Court Name
W.D. La.
Decision
Motions Partially Granted
Place of Incarceration
Immigrant Detention
Name of Facility
LaSalle ICE Processing Center; Richwood Detention Center; Catahoula Correctional Center; Jackson Parish Correction Center; Pine Praire ICE Processing Center; Winn Correctional Center
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2241 Habeas Exhaustion, Fed. R. App. P. 23(d)
Release Conditions
Conditions to be specified by DHS/ICE but to exclude subsequent arrest and detention, unless an identified Petitioner violates another condition of release, attempts to abscond, or commits any criminal offense.
Convictions
(1) Conviction of conspiracy to defraud the U.S., false statements, mail fraud; (2) recently-completed 235-month sentence for conspiracy to possess with intent to sell a controlled substance; (5) convicted of conspiracy to dispense oxycodone; (6) conspiracy to transport undocumented persons; (7) no crim history discussed; (8) conviction of harboring undocumented person for private gain; (9) conviction for conspiracy to commit food stamp and wire fraud
Case Status
Report and Recommendation Adopted
Motions Partially Granted
Motion for Immediate release was granted in part for all petitioners except for petitioners 13 and 15.
Compassionate Release Exhaustion Holdingsin Federal Case
Petitioner (1) 40 years old, Graves’ Disease, which has required hospitalizations, radiation, immunosuppressants, hypothyroidism, asthma, malnutrition, and immunocompromised; (2) 57 years old, partially-controlled asthma, glaucoma and chronic arm, back and knee pain; (3) 37 years old, severe malnutrition due to a hunger strike, was force fed liquid nutrients, Hepatitis C and chronic liver infection; (4) Age not specified, severe malnourishment from a hunger strike, kidney infection in March 2020; (5) 53 years old, diabetes, diabetic-related complications such as neuropathy and issues with her kidneys; (6) 78 years old, uncontrolled diabetes and hypertension; (7) 59-years old, obesity, diabetes, hypertension, history of heart attacks and strokes; (8) 53 years old, heart disease, hypertension; (9) 62 years old, diabetes, hypertension, high cholesterol; (10) 33 years old, bradycardia and a slow heartbeat, leave him w/o sufficient oxygen; (11) 47 years old, hypertension & high cholesterol; (12) 41 years old, diabetes, hypertension, Low Lactate Dehydrogenase, depression, anxiety, insomnia; (13) 61 years old, severe asthma; (14) 25 years old, hypertension, his medication has been increased several times; (15) 59 years old fatty liver disease, hypertension and chronic lung condition that has led to several lung infections and bouts with pneumonia
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.