Individuals in civil immigrant detention were granted provisional class certification in a suit alleging Fifth Amendment violations. The court certified a facility-wide class, holding that the putative class satisfied numerosity, commonality, typicality, and adequacy, articulating a common theory that the respondents exhibited deliberate indifference and failed to take steps to prevent harm. The court further noted that a uniform, indivisible remedy would be possible, so provisional class certification would be appropriate. The court planned to hold expedited bond hearings for class members.
Gomes v. Acting Sec'y, No. 1:20-cv-00453-LM, Dkt. No. 50 (D.N.H. May 4, 2020)
Bond Hearing, Class Certification, Preliminary Injunction (PI)
Type of Court
Federal District Court
Type of Case
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Strafford County Department of Corrections
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Other, § 2241 Habeas, Fed. R. Civ. P. 23(a)
Decision Made But Case Still Pending
COVID-19 Positive or Symptomatic
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.