The court issued a preliminary injunction, granting the two petitioners' request for release from immigration detention, concluding the petitioners were likely to succeed on their deliberate indifference claim. The petitioners' preexisting health issues made them “at a substantial risk of severe illness and/or death from COVID-19" and, relying on declarations by medical professionals, the court found that petitioners had a high likelihood of irreparable injury absent an injunction.
Malam v. Adducci, No. 5:20-cv-10829 (JEL-APP), Dkt. No. 90 (E.D. Mich. May 23, 2020)
DETAILS
Decision
Date
5/23/2020
Practice Area
Immigration
Relief Requested
Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Michigan
Type of Case
Group
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
5:20-cv-10829(JEL-APP)
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motions Partially Granted
Place of Incarceration
Immigrant Detention
Name of Facility
Calhoun County Correctional Center
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Fourteen days of home quarantine; must comply with all Michigan Executive Orders; must appear at all hearings pertaining to their removal proceedings; other forms of reasonable non-confinement terms of supervision imposed by the respondents (the facility); and respondents are restrained from arresting petitioners for civil immigration detention purposes until the State of Emergency in Michigan is lifted or until a further Court Order stating otherwise.
Convictions
Unlawful entry; driving without a license
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
The Court converted plaintiffs' for a motion for a temporary restraining order into a motion for a preliminary injunction. Although there are six named plaintiffs, two of which have already received relief, the Court grants the preliminary injunction for two additional named plaintiffs in this case.
Pre-Existing Health Conditions
Age, Asthma, Hypertension (high blood pressure), Obesity, Other, high blood pressure, chronic obstructive pulmonary disease, a heart stent, Gout, and an artificial hip
Pre-Existing Health Conditions Notes
Obesity (Body Mass Index of 31); Asthma (moderate)
COVID-19 Positive or Symptomatic
No
Charges
Carrying a concealed pistol
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.
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