The court denied the petitioner's motion for transfer to home incarceration despite his age (57) and multiple underlying conditions. The court placed particular emphasis on the measures the facility implemented to mitigate and prevent the spread of COVID-19. Although the petitioner was held in isolation only 50 feet away from other inmates with COVID-19 symptoms or exposure, the court found this isolation, along with access to cleaning supplies, a mask, and his own bathing facilities, sufficient such that the petitioner could not show deliberate indifference by the facility.
Hassoun v. Searls, No. 1:19-CV-00370 (EAW) (W.D.N.Y. April 10, 2020)
DETAILS
Decision
Date
4/10/2020
Practice Area
Immigration
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:19-CV-00370 (EAW)
MORE CASE INFORMATION
Court Name
W.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention, Federal Correctional Institution
Name of Facility
Buffalo Federal Detention Facility
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
The severity of the asthma is not made clear in the document
COVID-19 Positive or Symptomatic
No
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.