Case: Medvid by Jeziersky v. New Orleans Police Department

2:85-05065 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Nov. 5, 1985

Closed Date: 1985

Clearinghouse coding complete

Case Summary

In 1985, petitioners, as next friends on behalf of Ukrainian seaman Medvid, filed a petition requesting a TRO in U.S. District Court for the Eastern District of Louisiana, seeking to prevent the removal of Medvid from the jurisdiction and deliver him to the custody of his attorneys. Medvid, who had been aboard a Russian ship, the SS Marshal Konev, jumped off the ship and swam to shore in New Orleans. He was taken into police custody, where he allegedly stated his intention to remain in the…

In 1985, petitioners, as next friends on behalf of Ukrainian seaman Medvid, filed a petition requesting a TRO in U.S. District Court for the Eastern District of Louisiana, seeking to prevent the removal of Medvid from the jurisdiction and deliver him to the custody of his attorneys. Medvid, who had been aboard a Russian ship, the SS Marshal Konev, jumped off the ship and swam to shore in New Orleans. He was taken into police custody, where he allegedly stated his intention to remain in the U.S. INS agents returned him to the ship, where he jumped off again. He was again apprehended. Thereafter the State Department got involved to determine whether he was seeking political asylum. Eventually, federal officials concluded that Medvid had changed his mind and no longer wished to stay in the U.S. and he was returned to his ship.

The District Court (Judge Feldman) denied the request for a TRO, finding that Medvid's attorneys had already unsuccessfully filed suit in the District of Columbia over the issue, and the D.C. judges had already ruled that Medvid was not seeking political asylum. As such, there was no likelihood that petitioners would prevail at trial and the TRO was denied. Medvid by Jeziersky v. New Orleans Police Department, 621 F.Supp. 503 (E.D. La. 1985).

Not that petitioners attorneys subsequently filed a separate habeas corpus petition to try to prevent Medvid's departure. See IM-LA-2 for a summary of that case.

Summary Authors

Dan Dalton (11/17/2007)

Related Cases

Medvid v. Lambert, Eastern District of Louisiana (1985)

People


Judge(s)

Feldman, Martin Leach-Cross (Louisiana)

Attorneys(s) for Plaintiff

Holzer, Henry Mark (New York)

Kulas, Julian E. (Illinois)

Wolf, Michael S. (Louisiana)

Attorneys(s) for Defendant

Baity, William F. (Louisiana)

Linhardt, Daniel S. (Louisiana)

Judge(s)

Feldman, Martin Leach-Cross (Louisiana)

Attorneys(s) for Plaintiff

Holzer, Henry Mark (New York)

Kulas, Julian E. (Illinois)

Wolf, Michael S. (Louisiana)

Attorneys(s) for Defendant

Baity, William F. (Louisiana)

Linhardt, Daniel S. (Louisiana)

Documents in the Clearinghouse

Document

2:85-05065

Order and Reasons

Medvid v. New Orleans Police Department

Nov. 6, 1985

Nov. 6, 1985

Order/Opinion

Docket

Last updated Aug. 31, 2022, 3:16 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Louisiana

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 5, 1985

Closing Date: 1985

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Next friends of a Ukranian seaman who swam from his ship to the US shore and was immediately returned to his ship without any administrative review of the decision

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Immigration and Naturalization Service, Federal

Case Details

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

International law

Immigration/Border:

Asylum - criteria

Asylum - procedure

Refugees