Despite having finding that conditions in the facility were dangerous and the facilities were not doing enough to protect those at high risk, the Court denied group habeas petition and TRO for six out of seven individuals detained at Hudson County Correctional Center due to dangerousness based on criminal records, and reserved judgment as to one individual who it directed to provide additional context for their disorderly conduct violation.
Thierry B. v. Decker, No. CV 20-4035 (MCA), 2020 WL 3074006 (D.N.J. June 10, 2020)
DETAILS
Decision
Date
6/10/2020
Practice Area
Immigration
Relief Requested
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Group
Case Characteristics
Immigrant Detention, Significant Criminal History
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:20-cv-04035-MCA
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Immigrant Detention
Name of Facility
Hudson County Correctional Center
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
§ 2241 Habeas
Convictions
Criminal Possession of a Controlled Substance, 4th; Attempted Criminal Possession of a Weapon, 2nd; Burglary, 3rd; Illegal Entry with Intent to Commit a Crime; Possession of Forged Instrument, 3rd; Disorderly Conduct; Petit Larceny; Obstruction of Government Administration, 2nd; Assault, 2nd; Intent to Cause Physical Injury with Weapon/Instrument; Endangering the Welfare of a Child; Criminal Sale of a Controlled Substance, 3rd; Attempted Burglary, 2nd; Disorderly Conduct; Criminal Obstruction of Breathing or Blood Circulation Apply Pressure; Endangering the Welfare of a Child
Case Status
Decision Made
Motions Partially Granted
Judge denied group habeas petition and TRO for six out of seven individuals based on criminal records, and reserved judgment as to one individual who it directed to provide additional context for their criminal history.
All NYPL: Criminal Sexual Act, 1st; Sexual Abuse, 1st; Sexual Abuse, 2nd; Sexual Misconduct; Forcible Touching; Endangering the Welfare of a Child; Assault, 3rd; Endangering the Welfare of a Child; Robbery, 2nd; Strangulation, 1st; Assault, 3rd
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.
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