Plaintiffs filed a motion for expedited discovery in the form of a Rule 30(b)(6) deposition of defendant ICE. Additionally citing Habeas Rule 6(a) (allowing for “good cause” discovery when additional facts may allow the plaintiff to show they are entitled to relief), the court granted in part the plaintiff’s motion for expedited discovery, specifically the opportunity to depose defendant ICE on a number of topics. The court found that the plaintiffs had shown good cause for a deposition regarding ICE’s supervision of Calhoun County Correctional Facility (CCCF), transfers to CCCF from other detention facilities, ICE’s development of health protocols, and information about ICE’s ability to effectuate removals given the “breakdown of international travel” (as relevant to Zadvydas claims). The court denied plaintiff’s request regarding topics that were not relevant to a purely objective analysis under Bell and granted the request for topics pertaining to conditions of confinement and whether deference to facility administrators was warranted.
Malam v. Adducci, No. 20-10829, 2020 US Dist Lexis 138328 (E.D. Mich. Aug. 04, 2020)
DETAILS
Decision
Date
08/04/2020
Practice Area
Immigration
Relief Requested
Discovery
Type of Court
Federal District Court
Location
Michigan
Type of Case
Class Action
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Compassionate Release Case
No
Case Tracking Number
5:20-cv-10829-JEL-APP
MORE CASE INFORMATION
Court Name
E.D. Mich.
Decision
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
Calhoun County Correctional Facility
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Other, § 2241 Habeas, FRCP 30(b)(6)
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
The plaintiffs moved for expedited discovery, specifically the right to depose defendant ICE regarding six categories of information. The court granted discovery regarding four topics and denied the rest.
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Organization Legal Filings Templates and Decisions
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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.
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