Petitioners, who were detainees held in civil immigration detention at the Strafford County House of Corrections ("SCHOC"), argued that respondents acted with deliberate indifference to their health and safety by detaining them in conditions that impose a substantial risk of harm due to COVID-19. Respondents argued that they implemented some safety measures, but according to the court, the minimal measures were not enough to prevent the spread of COVID-19. The court ordered for all high-risk detainees to have bail hearings and shall assess in a later hearing if low-risk detainees have a likelihood to succeed on their due process claim.
Gomes v. U.S. Dep't of Homeland Sec., 560 F. Supp. 3d 132 (D.N.H. 2020)
Elderly, Immigrant Detention, Pre-Existing Health Conditions
Compassionate Release Case
No
Case Tracking Number
1:20-cv-00453-LM
MORE CASE INFORMATION
Court Name
D.N.H.
Decision
Motions Partially Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Strafford County House of Corrections ("SCHOC")
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Case Status
Decision Made
Date of Legal Filing
05/14/2020
Improved Conditions Ordered
The court urges respondents to exercise their authority to reassess whether detainees who are not a danger to the community or a flight risk could be more appropriately detained in a non-carceral setting such as home confinement. Parties must notify the court if any inmate or staff member at SCHOC test positive for COVID-19, so the court will consider whether lower-risk detainees should be qualified for bail hearings.
Motions Partially Granted
The court ruled that petitioners acted with deliberate indifference to the health and safety of high-risk detainees and ordered that high-risk detainees are entitled to bail hearings. However, the court is not yet prepared to issue a ruling on whether lower-risk detainees are likely to succeed on the merits of their habeas petition and orders an abeyance to revisit the question at a later time.
Age (over 60 and 65), asthma (unknown severity), obesity (unknown BMI)
Class Action Medically Vulnerable People
All United States Immigration and Customs Enforcement ("ICE") detainees held in civil immigration detention at the Strafford County House of Corrections ("SCHOC").
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.