The court denied a TRO for four petitioners, two of whom were suffering from COVID-like symptoms and two of whom had been diagnosed with COVID-19. The court dismissed as moot the petition for four additional petitioners who had already been released. The court found that petitioners were not likely to succeed on their Fifth Amendment conditions of confinement claim because they did not have additional risk factors and were receiving adequate and regular medical care.
Derron B. v. Tsoukaris, No. 2:20-cv-03679 JMV, 2020 WL 2317876 (D.N.J. Apr. 30, 2020)
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Hudson County Correctional Facility; Bergen County Jail
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Petitioner 2: federal firearm offenses; possession and distribution of a controlled substance; narcotics possession with intent to sell; narcotics offense. Petitioner 3: disorderly conduct. Petitioner 4: youthful offender assault in the third degree.
Decision Made But Case Still Pending
COVID-19 Positive or Symptomatic
Petitioner 1: assault. Petitioner 3: burglary; violation of a court order.
COVID-19 in Jail Prison or Detention Center
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.