The court rejected Mitchell’s substantive due process claims alleging deliberate indifference and denied his request for immediate release. The court based its decision on the ground that Mitchell has failed to qualify as a vulnerable individual by CDC standards (Mitchell’s high blood pressure only puts him at heightened risk of developing COVID-related complications but does not make him vulnerable under the CDC criteria). Additionally, the court noted that Mitchell has refused single-cell housing and generally failed to refute that the facility has taken reasonable steps to offer protective measures against COVID-19.
Mitchell v. Wolf, No. 20-CV-1183 (JLS), 2020 U.S. Dist. LEXIS 179196 (W.D.N.Y. Sep. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Immigration
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Immigrant Detention, Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-01183-JLS
MORE CASE INFORMATION
Court Name
W.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Buffalo Federal Detention Facility
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Case Status
Decision Made
Pre-Existing Health Conditions
Hypertension (high blood pressure)
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.