The court granted imm part and denied in part a TRO for a class of 34 individuals detained at three Florida detention centers who suffered from "different underlying chronic ailments." The court found "[t]here is record evidence demonstrating that ICE has failed in its duty to protect the safety and general well-being of the Petitioners" and that such failures "amount to cruel and unusual punishment because they are exemplary of deliberate indifference." The court declined to grant release and instead ordered that ICE immediately review the detention of the class members, comply with CDC guidelines, and provide prompt reports to the court regarding the class members and all detainees housed at the three detention centers.
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
Motions Partially Granted
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
Decision Made But Case Still Pending
Improved Conditions Ordered
The judge ordered that ICE comply with CDC guidelines and supply soap, cleaning supplies, masks, and COVID-19 education to all ICE detainees at three detention centers.
Motions Partially Granted
The court did not grant release, but ordered that ICE review the detention of the 34 class members and inform the court about who would be promptly released. The court further ordered that ICE comply with CDC guidelines and provide reports about detainees and releases at the three detention centers at issue.
Pre-Existing Health Conditions
Age, Other, Underlying medical conditions(not specified) with pregnancy added
Class Action Medically Vulnerable People
Not specified
COVID-19 Positive or Symptomatic
Not discussed
Charges
Not specified
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.