The court previously granted a TRO, ordering the release of several petitioners with pre-existing health condition in immigration detention. The court then issued a PI, allowing the continued release of three of the petitioners, but ordering the seven remaining petitioners return to immigration detention. The petitioners then filed an emergency motion for reconsideration and application for stay of that PI order, filing additional evidence related to the petitioners' health and inadequate testing at the three facilities. The court granted the emergency motion in part, allowing two petitioners who were suffering from COVID-19 symptoms--including one who was hospitalized--to remain released, while denying the motion for the remaining petitioners.
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; counsel to provide regular updates regarding two petitioners who were granted continued release.
Convictions
Not discussed in this order
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
Petitioners filed a Motion for Reconsideration and Application for Stay of Order. The court granted the motion for two petitioners, allowing their continued release on conditions, and denied the motion for the remaining five petitioners, ordering that they return to immigration detention.
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.