The court granted the petitioner's motion for a temporary restraining order and ordered him released from immigration detention, concluding that the petitioner was likely to succeed on his conditions of confinement claim due to inadequate conditions at the facility (such as their failure to allow petitioner to adequately social distance, use hand sanitizer, or wash his hands, especially in light of the petitioner’s preexisting health conditions). The court also found that the ongoing pandemic, in tandem with petitioner’s health, constituted extraordinary circumstances warranting release on bail.
R.P. v. Decker, Civ. No. 20-3853 (KM), Dkt. No. 29 (D.N.J. April 17, 2020)
Improved Conditions, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Hudson Country Correctional Center
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Asthma (severity is not specified in the document)
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
There seems to be some split among the States about whether conditions of confinement claims can be raised under § 2241. In Jefferson v. Ohio, 3:18cv779, Dkt. No. 38 (N.D. Ohio April 27, 2020) the Court seemed doubtful about the ability for petitioner's to raise those claims, but here the Court allowed it. I'm wondering what the overall trend is there and whether its worth looking into that lack of consistency/discretion.
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.