The court denied a TRO for an immigrant detainee who had Behcet’s, an autoimmune disease, and contended that he was at a heightened risk of serious illness or death should he contract COVID-19. The court concluded that the petitioner had not demonstrated a likelihood of success on the merits on his reasonable safety or punitive conditions of confinement claims because "the lack of competent medical testimony as to the risk Petitioner faces on account of his Behcet’s precludes the Court from finding a substantial risk of serious harm at this stage."
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
19-cv-02023-RSM
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Northwest ICE Processing Center
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas
Convictions
Possession of a controlled substance with intent to sell; sale of a controlled substance
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Age, Other, Behcet’s, an autoimmune disease
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.