This case involved a class action for individuals detained at three immigrant detention centers in South Florida seeking release from detention. The class action issue was not briefed or discussed at length. The magistrate judge issued a report recommending that the court grant petitioner's motion for injunctive relief in part. The judge concluded that the court could not order release under Eleventh Circuit case law, but recommended that the court order that ICE take several measures, including reducing the detainee population, complying with CDC guidelines, reviewing its "Alternatives to Detention" program, and filing regular reports with the court.
Class Certification, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Florida
Type of Case
Class Action
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-cv-21553-MGC
MORE CASE INFORMATION
Court Name
S.D. Fla.
Decision
Other
Place of Incarceration
Immigrant Detention
Name of Facility
Krome Detention Center; Broward Transitional Center; Glades County Detention Center
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Convictions
Not specified
Case Status
Report and Recommendation Adopted in Part
Improved Conditions Ordered
The judge recommended that ICE be required to comply with CDC guidelines and reduce the detainee populations at three detention centers.
Motions Partially Granted
The judge declined to recommend release pursuant to Eleventh Circuit case law, but recommended that several other conditions be implemented.
Pre-Existing Health Conditions
Other, Underlying medical conditions (not specified) with pregnancy added
Class Action Medically Vulnerable People
The proposed class includes all immigration detainees “who will be held” at three facilities.
COVID-19 Positive or Symptomatic
Yes
Charges
Not specified
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.