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)
DETAILS
Decision
Date
4/30/2020
Practice Area
Immigration
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Group
Case Characteristics
Immigrant Detention, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-cv-3679-JMV
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Hudson County Correctional Facility; Bergen County Jail
Legal Authority
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.
Case Status
Decision Made But Case Still Pending
COVID-19 Positive or Symptomatic
Yes
Charges
Petitioner 1: assault. Petitioner 3: burglary; violation of a court order.
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.
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