Denied Petitioner's request for TRO release and §2241 Habeas under 5th and 14th Amendment substantive due process for failure to protect and failure to provide adequate medical care. Defendant was detained on a final removal order, and has no CDC risk factors. The Judge found that petitioner's failure to protect claim was premised on failure to provide medical care and the claims merged. Petitioner could not demonstrate his conditions of confinement posed a severe risk, due to his lack of CDC COVID risk factors, nor that the Government was deliberately indifferent, given the safety measures undertaken at OCCF, such as issuance of PPE and suspension of visits. Thus, Petitioner could not demonstrate a strong likelihood of success for the TRO and in addition his case was dismissed on the merits.
Dzhabrailov v. Decker, No. 20-CV-3118 (PMH), 2020 WL 2731966 (S.D.N.Y. May 26, 2020)
DETAILS
Decision
Date
5/26/2020
Practice Area
Immigration
Relief Requested
Class Certification, Discovery, Improved Conditions, Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Plea Agreement
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-cv-3118-PMH
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Orange County Correctional Facility
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Age, Asthma, Cancer, Cardiac Disease, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, Obesity, Other, One or more disabilities recognized by the Rehabilitation Act
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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.