The court granted the preliminary injunction, finding the petitioner had demonstrated a likelihood that (1) his prolonged detention violated procedural due process, and (2) his conditions of confinement amounted to punishment due to the risk of COVID-19 combined with his mental illnesses -- schizophrenia-spectrum disorder and a general decline in mental health during his year of confinement. The court found that the petitioner was likely to suffer irreparable harm due to the risk of contracting COVID-19 in the detention facility despite the steps it had taken to mitigate an outbreak.
Jose B.R. v. Tsoukaris, No. 20-cv-3347 (MCA), 2020 U.S. Dist. LEXIS 92035 (D.N.J. May 27, 2020)
DETAILS
Decision
Date
5/27/2020
Practice Area
Immigration
Relief Requested
Class Certification, Other, Preliminary Injunction (PI), Release, Vacatur, Plea Agreement
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Sole available caretaker for family member
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines, Went to trial
Case Tracking Number
20-cv-3347-MCA
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Essex County Correctional Facility
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Burglary in the third degree, theft by unlawful taking in the third degree.
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Age, Asthma, Cancer, Cardiac Disease, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, Other, Schizophrenia, Major Depressive Disorder
COVID-19 Positive or Symptomatic
Not discussed
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.