The court denied the petitioner's motion for release from immigration detention on bond, concluding that the petitioner, as a healthy twenty-two-year-old without preexisting medical conditions, and in tandem with respondent’s efforts to mitigate the spread of COVID-19, was unlikely to succeed on a deliberate indifference claim and could not show irreparable harm. Despite petitioner’s declaration from a medical expert stating that the facility was not conducive to social distancing or stopping the spread of Covid-19, the Court still denied petitioners motion. Of particular importance to the Court was petitioner’s previous denied motions for bond due to his alleged gang connections.
R.S. v. Anderson, No. 20-3175 (CCC), Dkt. 35 (D.N.J. May 8, 2020)
Implementing Release Procedures, Improved Conditions, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Essex County Correctional Facility
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Petitioner was ordered removed by an immigration judge
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.