The court granted intervenor Mr. Toma’s request for release from the Calhoun County Correctional Facility pursuant to a Temporary Restraining Order due to his increased risk of health complications if he were to contract COVID-19 and the merits of his Fifth Amendment claim. He had previously been incarcerated at Monroe County Jail. Mr. Toma had three bullet wounds from the wars in Iraq and Iran and used a wheelchair. He also suffered from hypotension, prostate issues, and a hernia. A doctor had recommended he be screened for prostate cancer. The court found that even though Mr. Toma was not as vulnerable as Janet Malam and did not have specific respiratory issues, a TRO was still appropriate in his case. The court specifically relied on the fact that Mr. Toma had submitted documents showing he was already receiving inadequate medical care for his preexisting conditions. The court noted that CDC risk guidelines were a starting point but not the end of the deliberate indifference analysis. Mr. Toma was ordered released under the same conditions as Ms. Malam.
Malam v. Adducci, No. 20-cv-10829, 2020 WL 1809675 (E.D. Mich. Apr. 9, 2020)
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
Calhoun County Correctional Facility
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
§ 2241 Habeas
The petitioner is subject to fourteen days of home quarantine; he must comply with all Michigan Executive Orders; and he must appear at all hearings in his immigration case. Respondents may impose other reasonable nonconfinement terms of supervision. Expiration date: until the State of Emergency in Michigan related to COVID-19 is lifted.
Decision Made But Case Still Pending
Motions Partially Granted
The TRO and release were granted and respondents were ordered to show cause why it should not be converted to a preliminary injunction.
Pre-Existing Health Conditions
Age, Cancer, Other, Limited Mobility, Hypotension, Hernia, Prostate Issues, Risk of Cancer
COVID-19 Positive or Symptomatic
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.