Filed Date: April 1, 2020
Case Ongoing
Clearinghouse coding complete
COVID-19 Summary: This is an action brought by immigrant detainees particularly susceptible to a serious COVID-19 infection in Louisiana, Alabama, and Mississippi, alleging unconstitutional conditions of confinement and requesting release due to COVID-19. The case was dismissed on April 6 for lack of jurisdiction.
On April 1, 2020, seventeen immigrant detainees, who are are highly vulnerable to serious injury and death if they contract COVID-19, filed this action in the U.S. District Court for the Eastern District of Louisiana. Represented by the National Immigration Project of the National Lawyers Guild, the Center for Constitutional Rights, the Loyola Law Clinic, and private counsel, the plaintiffs sued U.S. Immigrations and Customs Enforcement (ICE), the New Orleans ICE Field Office, and the wardens of 5 ICE detention centers across Louisiana, Alabama, and Mississippi. Plaintiffs filed this suit under the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq, the Rehabilitation Act, 29 U.S.C. § 701 et seq, and the federal habeas statute, 28 U.S.C. § 2241, alleging violations of the APA, the Rehabilitation Act, and their Fifth Amendment rights. Specifically, they alleged that the defendants had failed to implement social distancing and hygiene measures, which amounted to punitive conditions of confinement given the threat of COVID-19. The plaintiffs sought a writ of habeas corpus, arguing that release from detention was the only appropriate remedy to the unconstitutional conditions. The case was assigned to Judge Greg Gerard Guidry and Magistrate Judge Karen Wells Roby.
The plaintiffs simultaneously filed an emergency motion for temporary restraining order, requesting the court to order the defendants to immediately release the plaintiffs from custody.
On April 4, the defendants filed a response in opposition to the temporary restraining order, arguing primarily that the court could not grant habeas relief because none of the plaintiffs or detention facilities were located within the territorial jurisdiction of the Eastern District of Louisiana.
On April 6, Judge Guidry dismissed the case for lack of jurisdiction, acknowledging that the plaintiffs from each state could file claims separately in the appropriate district court. 2020 WL 1674129.
Plaintiffs counsel did just that and filed an action on behalf of the Louisiana plaintiffs on April 14, found here in the Clearinghouse.
Summary Authors
Caitlin Kierum (6/3/2020)
Dada v. Witte, Western District of Louisiana (2020)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17035072/parties/dada-v-immigration-and-customs-enforcement/
Guidry, Greg Gerard (Louisiana)
Aguirre, Guadalupe V (New York)
Azmy, Baher (New York)
Free, Robert Andrew (Tennessee)
Guisado, Angelo R. (New York)
See docket on RECAP: https://www.courtlistener.com/docket/17035072/dada-v-immigration-and-customs-enforcement/
Last updated March 17, 2024, 3 a.m.
State / Territory: Louisiana
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: April 1, 2020
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
17 immigrant detainees housed in ICE facilities in Louisiana, Alabama, and Mississippi
Plaintiff Type(s):
Attorney Organizations:
Center for Constitutional Rights (CCR)
National Immigration Project of the NLG
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Immigration and Customs Enforcement (ICE), Regional
Defendant Type(s):
Case Details
Causes of Action:
Ex Parte Young (Federal) or Bivens
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
COVID-19:
Disability and Disability Rights:
Immigration/Border:
Jails, Prisons, Detention Centers, and Other Institutions: