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)
Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Motions Partially Granted
Place of Incarceration
Name of Facility
Calhoun County Correctional Center
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.
Unlawful entry; driving without a license
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
Carrying a concealed pistol
COVID-19 in Jail Prison or Detention Center
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.