Temporary restraining seeking release granted to three individuals in ICE custody with pre-existing health conditions including asthma, hypertension, bipolar disorder, schizophrenia, and congestive heart failure. Court held that intent to punish is not necessary for a finding of 5th amendment punitive detention and that government does not have a legitimate interest in holding the individuals in detention that exposes them to serious illness. The opinion details the potentially dangerous crowding and lack of sanitation in the correctional facility that creates a high risk of transmission.
Rafael L.O. v. Tsoukaris, No. 2:20-cv-03481-JMV, 2020 WL 1808843 (D.N.J. Apr. 9, 2020).
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Essex County Correctional Facility
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Unspecified but referenced
Felony drug conviction; possession of an air pistol; illegal re-entry into the United States
Criminal sexual contact and endangering/sexual contact; felony drug charges
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.