The court granted in part and denied in part a PI on a group habeas petition filed by several individuals in immigration detention. The court had previously granted the release of all the petitioners through a TRO. The court granted a PI for the continued release of three petitioners, but denied the PI for the remaining seven petitioners, ordering that they voluntarily surrender themselves back to immigration detention. The court cited to improved conditions at two out of three facilities at issue as well as each petitioner's criminal history in balancing the public interest with the risk of COVID-19 to each petitioner.
Elderly, Immigrant Detention, Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
1:20-cv-480-JEJ
MORE CASE INFORMATION
Court Name
M.D. Pa.
Decision
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
York County Prison, Clinton County Correctional Facility, Pike County Correctional Facility
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Release Conditions
Conditions articulated in prior order; release to continue until governor lifts state emergency or CDC lifts its guideline on social distancing, whichever is first.
Convictions
Petitioner 1: nine theft-related offenses; Petitioner 2: Conspiracy to Launder Monetary Instruments; Petitioner 3: Conspiracy to Possess with Intent to Distribute Marijuana; Petitioner 4: DUI; Disorderly Conduct; Simple Assault; Petitioner 5: DUI; attempt to buy a firearm (unclear if conviction); Petitioner 6: five various fraud-related offenses; Petitioner 7: heroin trafficking; unlicensed possession of firearms; Petitioner 8: "several DUIs and related convictions;" Petitioner 9: criminal use of a communication facility involving heroin trafficking; possession of marijuana.
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
The court granted a PI for three petitioners, continuing their release, and denied a PI for seven petitioners who had previously been released, ordering that they return to detention.
Pre-Existing Health Conditions
Age, Asthma, Cancer, Diabetes, Hypertension (high blood pressure), Other, kidneys not fully functioning, heart stent, high cholesterol, blood clots, ulcer, difficulty breathing, chronic pain, chronic symptoms of influenza
Pre-Existing Health Conditions Notes
Age (65); cancer (leukemia); asthma ("that requires an inhaler")
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Yes
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.