Case: Benavides v. Gartland

5:20-cv-00046 | U.S. District Court for the Southern District of Georgia

Filed Date: April 8, 2020

Closed Date: Nov. 18, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas and injunctive action brought on behalf of immigration detainees in the Folkston ICE Processing Center. The detainees requested release, arguing that continuing detention would violate their constitutional rights because they suffered from underlying medical conditions that made them especially vulnerable to COVID-19. The court refused to issue preliminary relief, and the plaintiffs voluntarily dismissed the case in August 2020. The parties filed certain redac…

COVID-19 Summary: This is a habeas and injunctive action brought on behalf of immigration detainees in the Folkston ICE Processing Center. The detainees requested release, arguing that continuing detention would violate their constitutional rights because they suffered from underlying medical conditions that made them especially vulnerable to COVID-19. The court refused to issue preliminary relief, and the plaintiffs voluntarily dismissed the case in August 2020. The parties filed certain redacted documents publicly, and on November 18, 2020, the case was dismissed.


On April 8, 2020, three detainees in the Folkston ICE Processing center brought this action in the U.S. District Court for the Southern District of Georgia. Represented by the Southern Poverty Law Center and private counsel, the plaintiffs sued Immigration and Customs Enforcement (ICE), the ICE Field Office, and the Folkston ICE Processing Center. The plaintiffs sought a writ of habeas corpus under 28 U.S.C. § 2241 and alleged violations of their Fifth Amendment Due Process rights. Specifically, they alleged that the conditions at Folkston, including the failure to provide adequate medical care, housing in close quarters, and unsanitary living spaces put the plaintiffs at a severe risk for contracting COVID-19. They alleged that their underlying medical conditions made them particularly vulnerable to serious illness or death from the virus, and that release was the only appropriate remedy.

The plaintiffs also filed a motion for a temporary restraining order to secure their immediate release at the same time they filed their complaint.

The original case (No. 4:20-cv-0069) was transferred in-district and received a new docket number (No. 5:20-cv-00046). The original case was assigned to Judge Christopher L. Ray, but the case was assigned to Judge Lisa Wood and Magistrate Judge Benjamin W. Cheesbro after the transfer.

On April 18, Judge Wood denied the plaintiffs' motion for preliminary relief. She explained that the plaintiffs were unlikely to succeed on the merits of their claims because their evidence did not show that release was the only way to remedy unsafe conditions of detention. Judge Wood also found that the plaintiffs had failed to show that they had a cause of action because circuit precedent suggested that habeas petitions could not be used to challenge conditions of confinement. 2020 WL 1914916.

The defendants filed a motion to dismiss on May 1. On May 7, the plaintiffs filed an amended complaint with more detail about the legal theories behind their Fifth Amendment claim, which the defendants moved to dismiss on May 18. On May 8, the plaintiffs filed a motion for a preliminary injunction and an emergency writ of habeas corpus.

On July 8, Judge Wood denied the plaintiffs' motion for a preliminary injunction and writ of habeas corpus, finding that the plaintiffs were unlikely to succeed on their constitutional claims. The order reiterated that a habeas petition could not be used to challenge conditions of confinement and questioned whether any other cause of action existed. Assuming that one did, Judge Wood denied relief because the evidence about the Center's COVID response (or lack thereof) was conflicting, no evidence suggested that officials had been deliberately indifferent to the detainees' needs, and the plaintiffs had not established that the defendants had failed to comply with ICE guidelines that the plaintiffs said ICE had agreed to follow. 2020 WL 3839938.

Five days later, Magistrate Cheesbro took a "preliminary peek" at the defendants' motion to dismiss and found it contained sufficient merit to warrant granting a stay of discovery until the court ruled.

The plaintiffs filed a notice of voluntary dismissal on August 12, 2020, and the court dismissed the case the next day. The Clearinghouse does not know whether the parties settled out of court around the same time. Judge Wood stayed the case for 60 days for the parties to submit motions or agreements about docket filing restrictions, specifically the partial unsealing of certain documents.

On October 13, Judge Wood extended the stay to November 11 at the parties' request. On November 18, 2020, the case was dismissed.

Summary Authors

Caitlin Kierum (7/20/2020)

Timothy Leake (10/28/2020)

Zofia Peach (2/8/2021)

Related Cases

Thompson v. Tsoukaris, Northern District of Georgia (2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17059130/parties/benavides-v-gartland/


Judge(s)

Baker, R. Stan None (Georgia)

Cheesbro, Benjamin W. (Georgia)

Wood, Lisa Godbey (Georgia)

Attorneys(s) for Plaintiff

Brouillette, Amanda Nicole (Georgia)

Caldas, Tamara S. (Georgia)

Cassler, Rebecca (Georgia)

Chavez, Paul R (California)

Crow, Melissa E. (District of Columbia)

Isted, Kathryn E (Georgia)

Li, Hillary (Georgia)

Judge(s)

Baker, R. Stan None (Georgia)

Cheesbro, Benjamin W. (Georgia)

Wood, Lisa Godbey (Georgia)

Attorneys(s) for Plaintiff

Brouillette, Amanda Nicole (Georgia)

Caldas, Tamara S. (Georgia)

Cassler, Rebecca (Georgia)

Chavez, Paul R (California)

Crow, Melissa E. (District of Columbia)

Isted, Kathryn E (Georgia)

Li, Hillary (Georgia)

Mesa-Estrada, Victoria (Florida)

Nguyen, Phi U. (Georgia)

Reeves, Mark Howard (Georgia)

Sandley, Caitlin J. (Alabama)

Williams, Lorilei (Georgia)

Willis, Gracie Harper (Georgia)

Attorneys(s) for Defendant

Leithart, Otto Woelke (Georgia)

Documents in the Clearinghouse

Document

5:20-cv-00046

Docket [PACER]

Nov. 18, 2020

Nov. 18, 2020

Docket
1

20-cv-00069

Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief

April 8, 2020

April 8, 2020

Complaint
4-1 & 4-3 to 4-6

20-cv-00069

Memorandum of Law in Support of Motion for Temporary Restraining Order and Emergency Writ of Habeas Corpus

April 8, 2020

April 8, 2020

Pleading / Motion / Brief
32

5:20-cv-00046

Order

2020 WL 1914916

April 18, 2020

April 18, 2020

Order/Opinion
36

5:20-cv-00046

Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Complaint for Declaratory and Injunctive Relief

May 7, 2020

May 7, 2020

Complaint
41 & 41-1

5:20-cv-00046

Petitioners-Plaintiffs' Motion for Preliminary Injunction and Emergency Writ of Habeas Corpus

May 8, 2020

May 8, 2020

Pleading / Motion / Brief
89

5:20-cv-00046

Order

2020 WL 3839938

July 8, 2020

July 8, 2020

Order/Opinion
90

5:20-cv-00046

Order

July 13, 2020

July 13, 2020

Order/Opinion
101

5:20-cv-00046

Order

Nov. 18, 2020

Nov. 18, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17059130/benavides-v-gartland/

Last updated May 29, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus and Complaint for declaratory and injunctive relief, filed by David Fernandez, Jenner Benavides, Gerardo Arriaga. (Attachments: # 1 Civil Cover Sheet)(jrb) Modified on 4/9/2020 (jrb). (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
2

Disclosure Statement pursuant to Local Rule 7.1.1 by Gerardo Arriaga, Jenner Benavides, David Fernandez. (jrb) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
3

Summons Issued as to Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S. Immagration and Customs Enforcement, Chad Wolf. (jrb) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
4

******* MOTION for Temporary Restraining Order by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Briefs, # 2 Exhibit Declaration of Mark H. Reeves, Esq., # 3 Exhibit 1 - Greifinger Declaration, # 4 Exhibit 2 - Cummings Declaration, # 5 Exhibit 3 - Zeidan Declaration, # 6 Exhibit 4 - Sandweg Declaration, # 7 Exhibit 5 - Yoon Declaration, # 8 Exhibit 6 - Rivera Declaration, # 9 Exhibit 7 - Benavides Declaration, # 10 Exhibit 8 - Fernandez Declaration, # 11 Exhibit 9 - Arriaga Declaration)(Reeves, Mark) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
5

******* MOTION for Leave to Proceed Under Pseudonyms and, MOTION for Protective Order by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Briefs)(Reeves, Mark) Modified on 4/20/2020 (WS). (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
6

MOTION for Leave to Appear Pro Hac Vice for Rebecca Cassler Receipt Number AGASDC-2820034, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
7

MOTION for Leave to Appear Pro Hac Vice for Paul Chavez Receipt Number AGASDC-2820037, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
8

MOTION for Leave to Appear Pro Hac Vice Hillary Li Receipt Number AGASDC-2820050, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
9

MOTION for Leave to Appear Pro Hac Vice for Phi Nguyen Receipt Number AGASDC-2820051, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
10

MOTION for Leave to Appear Pro Hac Vice for Lorilei Williams Receipt Number AGASDC-2820052, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
11

MOTION for Leave to Appear Pro Hac Vice for Gracie Willis Receipt Number AGASDC-2820053, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/22/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

Filing fee: $ 400.00, receipt number AGASDC-2819558. (jrb)

April 8, 2020

April 8, 2020

PACER
12

NOTICE of Appearance by Otto Woelke Leithart on behalf of Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S. Immagration and Customs Enforcement, Chad Wolf (Leithart, Otto) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
13

Summons Issued as to U.S. Attorney General. (wwp) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
14

NOTICE of Filing Deficiency re 9 MOTION for Leave to Appear Pro Hac Vice for Phi Nguyen, 8 MOTION for Leave to Appear Pro Hac Vice Hillary Li, 7 MOTION for Leave to Appear Pro Hac Vice for Paul Chavez, 10 MOTION for Leave to Appear Pro Hac Vice for Lorilei Williams, 11 MOTION for Leave to Appear Pro Hac Vice for Gracie Willis, 6 MOTION for Leave to Appear Pro Hac Vice for Rebecca Cassler. (wwp) Modified on 4/9/2020 (slt). (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER

***Staff notes - All pro hac applicants (Docket entries 6-11) have never appeared in the SDGA. (wwp)

April 9, 2020

April 9, 2020

PACER

MOTIONS REFERRED: 9 MOTION for Leave to Appear Pro Hac Vice for Phi Nguyen, 8 MOTION for Leave to Appear Pro Hac Vice Hillary Li, 7 MOTION for Leave to Appear Pro Hac Vice for Paul Chavez, 10 MOTION for Leave to Appear Pro Hac Vice for Lorilei Williams, 11 MOTION for Leave to Appear Pro Hac Vice for Gracie Willis, 6 MOTION for Leave to Appear Pro Hac Vice for Rebecca Cassler. (wwp)

April 9, 2020

April 9, 2020

PACER
15

ORDER directing the Clerk of Court to Transfer this Case to the Waycross Division. Signed by District Judge R. Stan Baker on 4/9/20. (jrb) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

RECAP

Case assigned to Magistrate Judge Benjamin W. Cheesbro pursuant to divisional transfer of case. Magistrate Judge Christopher L. Ray no longer assigned to the case. (slt)

April 9, 2020

April 9, 2020

PACER

*** Attorney Rebecca Cassler added for Petitioners. (edd)

April 10, 2020

April 10, 2020

PACER

*** Attorney Paul Chavez added for Petitioners. (edd)

April 10, 2020

April 10, 2020

PACER

*** Attorney Hillary Li added for Petitioners. (edd)

April 10, 2020

April 10, 2020

PACER

Attorney Phi Nguyen added for Petitioners. (edd)

April 10, 2020

April 10, 2020

PACER

Attorney Lorilei Williams added for Petitioners. (edd)

April 10, 2020

April 10, 2020

PACER

Attorney Gracie Willis added for Petitioners. (edd)

April 10, 2020

April 10, 2020

PACER
16

TEXT ORDER granting 6 MOTION for Leave to Appear Pro Hac Vice by Rebecca Cassler. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
17

TEXT ORDER granting 7 MOTION for Leave to Appear Pro Hac Vice by Paul Chavez. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
18

TEXT ORDER granting 8 MOTION for Leave to Appear Pro Hac Vice by Hillary Li. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
19

TEXT ORDER granting 9 MOTION for Leave to Appear Pro Hac Vice by Phi Nguyen. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
20

TEXT ORDER granting 10 MOTION for Leave to Appear Pro Hac Vice by Lorilei Williams. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
21

TEXT ORDER granting 11 MOTION for Leave to Appear Pro Hac Vice by Gracie Willis. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 10, 2020. (edd) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
22

NOTICE of Hearing BY ELECTONIC MEANS on Motion 5 MOTION for Leave to Proceed Under Pseudonyms and MOTION for Protective Order, 4 MOTION for Temporary Restraining Order : Motion Hearing set for 4/15/2020 10:00 AM in BWK-DistVTC before Judge Lisa G. Wood. Counsel will receive dial in instructions in a follow up email.(WS) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
23

MOTION for Leave to Appear Pro Hac Vice for Victoria Mesa-Estrada Receipt Number AGASDC-2822187, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/27/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

MOTIONS REFERRED: 23 MOTION for Leave to Appear Pro Hac Vice for Victoria Mesa-Estrada. (MG)

April 13, 2020

April 13, 2020

PACER
24

RESPONSE to Motion re 5 MOTION for Leave to Proceed Under Pseudonyms and MOTION for Protective Order filed by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Leithart, Otto) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
25

MOTION for Leave to Appear Pro Hac Vice for Kathryn Isted Receipt Number AGASDC-2822401, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/27/2020. (Attachments: # 1 Appendix Certificate of Good Standing)(Reeves, Mark) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

MOTIONS REFERRED: 25 MOTION for Leave to Appear Pro Hac Vice for Kathryn Isted. (MG)

April 13, 2020

April 13, 2020

PACER
26

NOTICE of Filing Proposed Order re 5 MOTION for Leave to Proceed Under Pseudonyms and MOTION for Protective Order . (Reeves, Mark) Modified on 4/14/2020 (MG). (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

Attorney Victoria Mesa-Estrada added for Petitioners. (edd)

April 14, 2020

April 14, 2020

PACER

Attorney Kathryn Isted added for Petitioners. (edd)

April 14, 2020

April 14, 2020

PACER
27

TEXT ORDER granting 23 MOTION for Leave to Appear Pro Hac Vice by Victoria Mesa-Estrada. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 14, 2020. (edd) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
28

TEXT ORDER granting 25 MOTION for Leave to Appear Pro Hac Vice by Kathryn Isted. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on April 14, 2020. (edd) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

***Attorney Victoria Mesa-Estrada and Kathryn Isted added for Gerardo Arriaga, Jenner Benavides, and David Fernandez added. (MG)

April 14, 2020

April 14, 2020

PACER
29

RESPONSE in Opposition re 4 MOTION for Temporary Restraining Order filed by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit Gartland Declaration, # 2 Exhibit Allen Declaration)(Leithart, Otto) (Entered: 04/14/2020)

1 Exhibit Gartland Declaration

View on PACER

2 Exhibit Allen Declaration

View on PACER

April 14, 2020

April 14, 2020

PACER
30

MOTION for Leave to File Supplemental Declarations by Gerardo Arriaga, Jenner Benavides, David Fernandez. Responses due by 4/28/2020. (Attachments: # 1 Affidavit of Meredyth Yoon (Supplemental), # 2 Affidavit of Jenner Benavides (Supplemental), # 3 Affidavit of David Fernandez (Supplemental), # 4 Affidavit of Gerardo Arriaga (Supplemental), # 5 Text of Proposed Order Granting Motion for Leave to File Supplemental Declarations)(Li, Hillary) (Entered: 04/14/2020)

1 Affidavit of Meredyth Yoon (Supplemental)

View on PACER

2 Affidavit of Jenner Benavides (Supplemental)

View on PACER

3 Affidavit of David Fernandez (Supplemental)

View on PACER

4 Affidavit of Gerardo Arriaga (Supplemental)

View on PACER

5 Text of Proposed Order Granting Motion for Leave to File Supplemental Declaratio

View on PACER

April 14, 2020

April 14, 2020

PACER
31

NOTICE re 22 Notice of Hearing on Motion - publicly accessible audio conference line instructions. (WS) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

ORAL ORDER granting 30 Motion Leave to File Supplemental Declarations ; granting 5 MOTION for Leave to Proceed Under Pseudonyms, MOTION for Protective Order. Signed by Judge Lisa G. Wood on 04/15/2020. (WS) Modified on 4/20/2020 (WS).

April 16, 2020

April 16, 2020

PACER
32

ORDER denying 4 Motion for preliminary relief. Signed by Judge Lisa G. Wood on 04/18/2020. (WS) (Entered: 04/18/2020)

April 18, 2020

April 18, 2020

RECAP
33

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04/15/2020, before Judge Lisa Godbey Wood. Court Reporter/Transcriber Debbie Gilbert, Telephone number (912) 262-2608. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. (Transcript Redaction Policy Issued or Click here to view Transcript Redaction Policy) Redaction Request due 5/10/2020. Redacted Transcript Deadline set for 5/20/2020. Release of Transcript Restriction set for 7/18/2020. (Gilbert, Debra) (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER
34

MOTION to Dismiss by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 5/15/2020. (Leithart, Otto) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER
35

MOTION to Seal Declaration Exhibit by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 5/15/2020. (Attachments: # 1 Text of Proposed Order)(Leithart, Otto) (Entered: 05/01/2020)

May 1, 2020

May 1, 2020

PACER

MOTIONS REFERRED: 35 MOTION to Seal Declaration Exhibit, 34 MOTION to Dismiss. (MG)

May 4, 2020

May 4, 2020

PACER
36

AMENDED COMPLAINT Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. 2241 and Complaint for Declaratory and Injunctive Relief against David Fernandez, Jenner Benavides, Gerardo Arriaga, Winston Brown, Ajit Kumar, Scott James, filed by David Fernandez, Jenner Benavides, Gerardo Arriaga, Winston Brown, Ajit Kumar, Scott James.(Reeves, Mark) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
37

******* MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 5/21/2020. (Attachments: # 1 Briefs Memo ISO Motion for Emergency Inspection, # 2 Affidavit Declaration of Rebecca Cassler, # 3 Exhibit Ex. 1 Notice of Inspection, # 4 Exhibit Ex. 2 Petitioners' First Interrogatories to Respondents, # 5 Exhibit Ex. 3 Declaration of Scott James, # 6 Exhibit Ex. 4 Declaration of Ajit Kumar, # 7 Exhibit Ex. 5 Declaration of Winston Brown, # 8 Exhibit Ex. 6 Second Supplemental Declaration of Jenner Benavides, # 9 Exhibit Ex. 7 Second Supplemental Declaration of David Fernandez, # 10 Exhibit Ex. 8 Second Supplemental Declaration of Gerardo Arriago, # 11 Exhibit Ex. 9 Modeling Study, # 12 Exhibit Ex. 10 Chunn v. Edge, Dkt 43, # 13 Exhibit Ex. 11 Malam v. Adducci, Dkt. 53, # 14 Exhibit Ex. 12 Banks v. Booth, Dkt 34, # 15 Exhibit Ex. 13 Supplemental Declaration of Homer Venters, M.D., # 16 Exhibit Ex. 14 Supplemental Declaration of Meredyth Yoon, # 17 Text of Proposed Order Proposed Order)(Reeves, Mark) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
38

MOTION for Leave to Proceed Under Pseudonym and For a Protective Order by Winston Brown, Ajit Kumar. Responses due by 5/21/2020. (Attachments: # 1 Text of Proposed Order Proposed Order)(Reeves, Mark) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

TEXT ONLY NOTICE of Hearing: TELEPHONIC Status Conference set for 5/8/2020 12:15 PM in L G Wood Chambers before Judge Lisa G. Wood. To dial in as a participant dial 1-888-684-8852, When prompted, enter Access Code: 1384176, When prompted, enter Security Code: 0046.(WS)

May 7, 2020

May 7, 2020

PACER
39

Consent MOTION for Leave to File Excess Pages for Memo ISO Motion for Preliminary Injunction by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 5/22/2020. (Reeves, Mark) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
40

ORDER granting 35 Motion to Seal Declaration Exhibit . Signed by Magistrate Judge Benjamin W. Cheesbro on 05/08/2020. (MG) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
41

******* MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 5/22/2020. (Attachments: # 1 Briefs Memo ISO Motion for Preliminary Injunction and Emergency Writ of Habeas Corpus, # 2 Affidavit Declaration of Hillary Li, Esq., # 3 Exhibit Ex. 1 Declaration of Homer Venters, M.D.)(Reeves, Mark) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
42

Minute Entry for proceedings held before Judge Lisa G. Wood: Telephone Status Conference held on 5/8/2020. (Court Reporter Debbie Gilbert.) (WS) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER

ORAL ORDER granting 38 Motion for Leave to Proceed Under Pseudonym and For a Protective Order; granting 39 Motion for Leave to File Excess Pages. Signed by Judge Lisa G. Wood on 05/08/2020. (WS)

May 8, 2020

May 8, 2020

PACER

TEXT ONLY NOTICE of Telephonic Status conference on Motion 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction : Telephonic Status Conference set for 5/13/2020 03:00 PM in BWC Chambers before Magistrate Judge Benjamin W. Cheesbro. Counsel to receive dial-in instructions via email prior to hearing.(WS)

May 8, 2020

May 8, 2020

PACER

MOTIONS REFERRED: 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction, pursuant to 42 . (MG)

May 8, 2020

May 8, 2020

PACER

Set/Reset Deadlines as to 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction. Responses due by 5/11/2020, pursuant to 42 . (MG)

May 8, 2020

May 8, 2020

PACER

Set/Reset Deadlines as to 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus. Responses due by 5/21/2020. Replies due by 5/22/2020, pursuant to 42 . (MG)

May 8, 2020

May 8, 2020

PACER

Motions No Longer Referred: 34 MOTION to Dismiss. (MG)

May 11, 2020

May 11, 2020

PACER
44

RESPONSE in Opposition re 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction filed by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Leithart, Otto) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
45

Brief in Support re 37 MOTION for Emergency Inspection and Other Expedited Discovery In Support of Their Motion for Preliminary Injunction, 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus filed by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. (Attachments: # 1 Declaration of Gracie Willis, Esq., # 2 Exhibit 1 Dkt 52 Swain v. Miami-Dade County (20-cv-21457 S.D. Fla.), # 3 Exhibit 2 Dkt 53 Seth v. McDonough (20-cv-01028 D. Md.), # 4 Exhibit 3 Dkt 27 Cameron v. Bouchard (20-cv-10949 S.D. Mich.), # 5 Exhibit 4 Dkt 53 Chun v. Edge (20-cv-01590 E.D. N.Y.), # 6 Exhibit 5 Dkt 72-1 Chun v. Edge (20-cv-01590 E.D. N.Y.))(Reeves, Mark) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
46

Minute Entry for proceedings held before Magistrate Judge Benjamin W. Cheesbro. Telephonic Status Conference held on 5/13/2020. (Tape #BWC-CHAMBERS.) (km) (Entered: 05/14/2020)

May 13, 2020

May 13, 2020

PACER

Set/Reset Deadlines: Status Report due by 5/18/2020, pursuant to 46 . (MG)

May 14, 2020

May 14, 2020

PACER

NOTICE OF HEARING BY ELECTRONIC MEANS on Motion 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus : The Motion hearing will be held on 6/9/2020 09:00 AM in BWK-DistVTC before Judge Lisa G. Wood. Parties will receive login instructions via email. For Public access to this hearing, please dial 1-888-684-8852, enter the call access code 2296092 and enter the security code 1234.(WS)

May 18, 2020

May 18, 2020

PACER
47

MOTION to Dismiss Amended Petition by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 6/1/2020. (Attachments: # 1 Exhibit Interim CDC Guidance)(Leithart, Otto) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
48

MOTION to Stay Discovery by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 6/1/2020. (Attachments: # 1 Text of Proposed Order)(Leithart, Otto) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER

MOTIONS REFERRED: 48 MOTION to Stay Discovery. (MG)

May 18, 2020

May 18, 2020

PACER
49

STATUS REPORT by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Leithart, Otto) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
50

STATUS REPORT by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. (Attachments: # 1 Exhibit A - Second Supplemental Declaration of Homer Ventures, M.D.)(Reeves, Mark) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
51

MOTION for Leave to Appear Pro Hac Vice for Melissa Crow Receipt Number AGASDC-2843721, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 6/2/2020. (Attachments: # 1 Exhibit Certificate of Good Standing)(Reeves, Mark) (Entered: 05/19/2020)

May 19, 2020

May 19, 2020

PACER

MOTIONS REFERRED: 51 MOTION for Leave to Appear Pro Hac Vice for Melissa Crow Receipt Number AGASDC-2843721, Fee Amount $200. (MG)

May 19, 2020

May 19, 2020

PACER
52

TEXT ORDER granting 51 MOTION for Leave to Appear Pro Hac Vice by Melissa Crow. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on May 20, 2020. (edd) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
53

ORDER granting in part and denying in part 37 Motion for Emergency Inspection and Other Expedited Discovery. Signed by Magistrate Judge Benjamin W. Cheesbro on 5/20/2020. (ca) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

RECAP
54

MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 6/4/2020. (Attachments: # 1 Text of Proposed Order)(Leithart, Otto) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
55

ORDER granting 54 MOTION for Extension of Time to File Response/Reply as to 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus . Responses due by 6/4/2020. Replies due by 6/5/2020. Signed by Judge Lisa G. Wood on 05/21/2020. (WS) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER

Set/Reset Deadlines as to 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus. Responses due by 6/4/2020. Replies due by 6/5/2020. (MG)

May 22, 2020

May 22, 2020

PACER
56

OBJECTIONS to Petitioner's Requests for Production by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit Petitioners' Requests for Production)(Leithart, Otto). Modified on 5/28/2020 (MG). (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER

NOTICE of Hearing: Telephonic Status Conference set for 5/28/2020 01:30 PM in Chambers before Magistrate Judge Benjamin W. Cheesbro. Dial-in instructions will be provided by Courtroom Deputy Clerk prior to scheduled call. (km)

May 27, 2020

May 27, 2020

PACER
57

Minute Entry for proceedings held before Magistrate Judge Benjamin W. Cheesbro. Telephonic Status Conference held on 5/28/2020. (Tape #BWC-CHAMBERS.) (km) (Entered: 05/29/2020)

May 28, 2020

May 28, 2020

PACER
58

MOTION for Leave to Appear Pro Hac Vice for Caitlin J. Sandley Receipt Number AGASDC-2852463, Fee Amount $200, by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 6/12/2020. (Attachments: # 1 Certificate of Good Standing)(Reeves, Mark) (Additional attachment(s) added on 6/1/2020: # 2 Statement of Cases) (MG). (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
59

MOTION for Leave to Appear Pro Hac Vice for Amanda N. Brouillette Receipt Number AGASDC-2852490, Fee Amount $200, by Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 6/12/2020. (Attachments: # 1 Certificate of Good Standing)(Reeves, Mark) (Additional attachment(s) added on 6/1/2020: # 2 Statement of Cases) (MG). (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER

MOTIONS REFERRED: 58 MOTION for Leave to Appear Pro Hac Vice for Caitlin J. Sandley Receipt Number AGASDC-2852463, Fee Amount $200. 59 MOTION for Leave to Appear Pro Hac Vice for Amanda N. Brouillette Receipt Number AGASDC-2852490, Fee Amount $200. (MG)

June 1, 2020

June 1, 2020

PACER
60

TEXT ORDER granting 58 MOTION for Leave to Appear Pro Hac Vice by Caitlin J. Sandley. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on June 1, 2020. (edd) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
61

TEXT ORDER granting 59 MOTION for Leave to Appear Pro Hac Vice by Amanda N. Brouillette. Mark H. Reeves has entered an appearance in this case and vouches he will satisfy the obligations of local counsel, as this Court's Local Rule 83.4 requires. Signed by Magistrate Judge Benjamin W. Cheesbro on June 1, 2020. (edd) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
62

RESPONSE in Opposition re 48 MOTION to Stay Discovery filed by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. (Reeves, Mark) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
63

Consent MOTION for Protective Order by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. Responses due by 6/15/2020. (Attachments: # 1 Protective Order)(Leithart, Otto) Modified on 6/2/2020 (slt). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
64

RESPONSE in Opposition re 47 MOTION to Dismiss Amended Petition filed by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. (Reeves, Mark) (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
65

NOTICE of Intent to Reply by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf re 62 Response in Opposition to Motion. (Leithart, Otto) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
66

NOTICE of Intent to Reply by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf re 64 Response in Opposition to Motion. (Leithart, Otto) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
67

ORDER granting 63 Motion for Protective Order. Signed by Magistrate Judge Benjamin W. Cheesbro on 6/2/2020. (ca) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
68

MOTION for Leave to File Under Seal by Gerardo Arriaga, Jenner Benavides, Winston Brown, David Fernandez, Scott James, Ajit Kumar. Responses due by 6/18/2020. (Reeves, Mark) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
69

RESPONSE in Opposition re 41 MOTION for Preliminary Injunction and Emergency Writ of Habeas Corpus filed by Matthew T. Albence, Patrick Gartland, Thomas Giles, U.S Immigration and Customs Enforcement, Chad Wolf. (Attachments: # 1 Exhibit Fontanazza Declaration, # 2 Exhibit Warren Declaration, # 3 Exhibit MDGA Order)(Leithart, Otto) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
70

ORDER granting 68 Motion for Leave to File Under Seal. The Clerk is DIRECTED to permit Petitioners to file their reply brief and exhibits under seal. Petitioners may file a redacted version for public viewing by June 12, 2020. Signed by Judge Lisa G. Wood on 6/5/2020. (ca) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

PACER

Case Details

State / Territory: Georgia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 8, 2020

Closing Date: Nov. 18, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainees in the Folkston ICE Processing Center

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Folkston ICE Processing Center, Federal

Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Detention - conditions