PI granted release on condition of self-quarantine for 13 immigration detainees most at risk of irreparable harm with the following medical conditions: immunocompromised due to cancer treatment; hypertension; asthma; diabetes; hypertension; history of breathing issues; chronic hepatitis C; immunocompromised due to shingles; obesity; 66 years old; hypertension; COPD; and lung damage. Some of the 13 had tested positive for COVID-19 at the end of April. The Court rejected the Respondents' argument that COVID-19-positive detainees should not be released into their community. PI denied for 8 detainees who had not provided sufficient evidence that they are at high risk for severe complications due to their medical history, 7 of whom had tested positive for COVID-19 at the end of April or had been presumed positive.
Prieto Refunjol v. Adducci (Prieto Refunjol II), No. 20-cv-2099-SDM-CMV, 2020 WL 2487119 (S.D. Ohio May 14, 2020)
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
Morrow County Jail; Butler County Jail
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
13 petitioners ordered released for the duration of the litigation; 14 self-quarantine or until negative test; no GPS monitoring
“The Court does not consider Petitioners’ criminal histories to be particularly relevant and does not detail them. Petitioners are or were in civil detention, and there is no evidence that any are particularly dangerous. The Court gives little weight to conduct for which Petitioners have already served their sentences or have been released from criminal custody.”
Decision Made But Case Still Pending
Improved Conditions Ordered
Court denied PI for one petitioner who was previously released under the TRO, now orders that should ICE seek to re-detain him he must be kept in quarantine by himself and may not be detained at the Morrow County Jail for the duration of the litigation.
Motions Partially Granted
Granted for 13 petitioners, including two that were already released under the TRO, who are most at risk of severe health complications, and thus irreparable harm. Denied for 8 petitioners, including one that was already released under the TRO, due to insufficient evidence that they are at high risk of serious complications due to their medical history, thus little risk of irreparable harm.
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Bi-Polar Disorder, Cancer, Cardiac Disease, Diabetes, Hepatitis, Hypertension (high blood pressure), Kidney Disease, Liver Disease, Lung Disease, Obesity, Other, Pre-Diabetes, PTSD, Substance Use Disorder, Traumatic Brain Injury, Tuberculosis, complications from gunshot wounds; fasting for Ramadan; immunocompromised due to shingles
Pre-Existing Health Conditions Notes
Age (66); Asthma (severity not specified; "childhood asthma"; no documentation provided); Cancer (thyroid; testicular); Hepatitis (C); Obesity (BMI unspecified).
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Organization Legal Filings Templates and Decisions
ACLU of Ohio; Covington and Burling
Attorney Email Posted on Site
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.