Case: Bentick v. Decker

2:20-cv-03679 | U.S. District Court for the District of New Jersey

Filed Date: April 2, 2020

Closed Date: May 19, 2020

Clearinghouse coding complete

Case Summary

This is a case about whether or not individuals detained by Immigration and Customs Enforcement (ICE) should be released due to safety concerns related to the COVID-19 Pandemic. On April 2, 2020, the plaintiffs - a group of persons detained in Bergen and Hudson County Correctional Facilities, located in Kearny and Hackensack, New Jersey, some of whom tested positive for the COVID-19 virus - filed a petition for writ of habeas corpus. Initially filed in the U.S. District Court for the Southern D…

This is a case about whether or not individuals detained by Immigration and Customs Enforcement (ICE) should be released due to safety concerns related to the COVID-19 Pandemic. On April 2, 2020, the plaintiffs - a group of persons detained in Bergen and Hudson County Correctional Facilities, located in Kearny and Hackensack, New Jersey, some of whom tested positive for the COVID-19 virus - filed a petition for writ of habeas corpus. Initially filed in the U.S. District Court for the Southern District of New York, the case was transferred to the U.S. District Court for the District of New Jersey two days after the suit began. The plaintiffs sued ICE on the grounds that conditions in detention centers, as a result of the COVID-19 pandemic, violated their Fifth Amendment due process rights. Represented by public defense legal services, the plaintiffs sought injunctive relief and attorney fees due to the health risks imposed by their imprisonment. Judge John Michael Vazquez was assigned the case.

On April 12, 2020, the plaintiffs moved for an order to show cause for preliminary injunction and a temporary restraining order.

On April 30, 2020, Judge Vazquez denied without prejudice as moot several of the plaintiffs’ motions for a temporary restraining order, due to their release by the Department of Homeland Security and ICE. The remaining plaintiffs’ motions for a temporary restraining order were also denied without prejudice pursuant to Federal Rule of Civil Procedure 65, as Judge Vazquez cited a low likelihood of success on the merits of their claims. First, Judge Vazquez held that the efforts made by ICE in response to the COVID-19 pandemic were satisfactory to render the facilities’ conditions generally constitutional. Next, since it was important to recognize unique circumstances with regards to any given detainee, Judge Vazquez stipulated that a more appropriate question would be whether or not adequate care was provided to individuals that did contract the virus. Finally, Judge Vazquez held that the plaintiffs’ complaint did not match the relief sought, noting that the plaintiffs were seeking release rather than improved conditions in the detention facilities.

Following the denial of the motion for a temporary restraining order, the case was severed into individual actions for each of the plaintiffs, with the first-named plaintiff remaining as the only plaintiff in the original case.

On May 19, 2020, Judge Vazquez dismissed the case without prejudice. The Clearinghouse does not have access to the order stipulating the case’s dismissal. The case is now closed.

Summary Authors

Matthew Weiner (9/26/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17044977/parties/bentick-v-decker/


Judge(s)

Vazquez, John Michael (New Jersey)

Attorneys(s) for Plaintiff

Taj, Nabila J (New York)

Attorneys(s) for Defendant

Dharia, Kruti D. (New Jersey)

Pascal, Elizabeth Ann (New Jersey)

Judge(s)

Vazquez, John Michael (New Jersey)

Attorneys(s) for Plaintiff

Taj, Nabila J (New York)

Attorneys(s) for Defendant

Dharia, Kruti D. (New Jersey)

Pascal, Elizabeth Ann (New Jersey)

Documents in the Clearinghouse

Document

2:20-cv-03679

1:20-cv-02759

Docket [PACER]

May 19, 2020

May 19, 2020

Docket
34

2:20-cv-03679

Opinion

B. v. Tsoukaris

April 30, 2020

April 30, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17044977/bentick-v-decker/

Last updated Aug. 6, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-19314840)Document filed by Elmer Ramos Macario, Derron Bentick, Carlos Godoy Lopez, Darwin Avila Huayamave, Everod Reid..(Menschel, Brooke) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
2

CIVIL COVER SHEET filed..(Menschel, Brooke) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Brooke Menschel. The party information for the following party/parties has been modified: Thomas Decker, Acting Sec. of DHS Chad Wolf. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc)

April 3, 2020

April 3, 2020

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

April 3, 2020

April 3, 2020

PACER

Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

April 3, 2020

April 3, 2020

PACER

Case Designated ECF. (pc)

April 3, 2020

April 3, 2020

PACER
3

PROPOSED STIPULATION AND ORDER. Document filed by Thomas Decker..(Cha-Kim, Stephen) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
4

STIPULATION AND ORDER OF TRANSFER OF VENUE. IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action shall be and hereby is transferred to the United States District Court for the District of New Jersey, Newark Division; and IT IS ORDERED that the seven-day waiting period in Local Civil Rule 83.1 is waived and the Clerk of Court is respectfully directed to effectuate this transfer urgently. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/4/20) (yv) (Entered: 04/06/2020)

April 4, 2020

April 4, 2020

PACER

CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of District of New Jersey.(yv)

April 4, 2020

April 4, 2020

PACER
5

Certified Copy of Transfer Order and docket received, Case transferred in from District of New York Southern; Case Number 1:20-cv-02759. Original file certified copy of transfer order and docket sheet received. (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER

Case Transferred Out - District Court Transfer

April 6, 2020

April 6, 2020

PACER

Add and Terminate Judges

April 6, 2020

April 6, 2020

PACER

Judge John Michael Vazquez added. (ps, )

April 6, 2020

April 6, 2020

PACER
6

TEXT ORDER: Scheduling a telephone conference for April 9, 2020 at 3:00 p.m. regarding the pending emergent application for release. The court will provide counsel with dial-in instructions. So Ordered by Judge John Michael Vazquez on 4/8/2020. (ro, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

Order

April 8, 2020

April 8, 2020

PACER
7

NOTICE of Appearance by KRUTI D. DHARIA on behalf of THOMAS DECKER, Chad Wolf (DHARIA, KRUTI) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
8

NOTICE of Appearance by ELIZABETH ANN PASCAL on behalf of THOMAS DECKER, Chad Wolf (PASCAL, ELIZABETH) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
9

NOTICE of Appearance by NABILA J TAJ on behalf of Darwin Avila Huayamave, Derron Bentick, Carlos Godoy Lopez, EVEROD REID, Elmer Ramos Macario (TAJ, NABILA) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER

Order

April 9, 2020

April 9, 2020

PACER
10

MOTION for Leave to Appear Pro Hac Vice by All Plaintiffs. (Attachments: # 1 Declaration of Brooke Menschel, # 2 Text of Proposed Order)(TAJ, NABILA) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
11

Second MOTION for Leave to Appear Pro Hac Vice by Darwin Avila Huayamave, Derron Bentick, Carlos Godoy Lopez, EVEROD REID, Elmer Ramos Macario. (Attachments: # 1 Declaration of Alexandra Lampert, # 2 Text of Proposed Order)(TAJ, NABILA) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
12

Minute Entry for proceedings held before Judge John Michael Vazquez: Status telephone Conference held on 4/9/2020. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
13

TEXT ORDER: Opposition to the pending emergent application is due by April 14, 2020. Oral argument is scheduled for April 15, 2020 at 3:00 p.m. by telephone conference. Counsel are to utilize the dial-in instructions the court previously provided. So Ordered by Judge John Michael Vazquez on 4/9/2020. (ro, (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
14

ORDER granting 10 Motion for Leave to Appear Pro Hac Vice admission for BROOKE MENSCHEL etc. Signed by Judge John Michael Vazquez on 4/9/2020. (bt, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
15

ORDER granting 11 Motion for Leave to Appear Pro Hac Vice admission for ALEXANDRA LAMPERT etc. Signed by Judge John Michael Vazquez on 4/9/2020. (bt, ) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
16

AMENDED COMPLAINT against THOMAS DECKER, Chad Wolf, STEVE AHRENDT, RONALD P EDWARDS, filed by Carlos Godoy Lopez, Darwin Avila Huayamave, Derron Bentick, Elmer Ramos Macario, EVEROD REID, Bairon Gomez Membreno, Erlin Parada Molina, Efrain De Jesus Recinos Guzman.(TAJ, NABILA) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
17

MOTION for Temporary Restraining Order by Bairon Gomez Membreno, Erlin Parada Molina, EVEROD REID, Elmer Ramos Macario, Efrain De Jesus Recinos Guzman. (Attachments: # 1 Declaration Saenz Declaration, # 2 Declaration Basank Declaration, # 3 Declaration CGL Declaration, # 4 Declaration Dioni Declaration, # 5 Declaration Legall Declaration, # 6 Declaration Lituma Declaration, # 7 Declaration Martinez Declaration, # 8 Declaration Sanchez Declaration)(TAJ, NABILA) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
18

Letter from the respondents regarding the amended petition. (DHARIA, KRUTI) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

Set/Reset Motion and R&R Deadlines/Hearings

April 13, 2020

April 13, 2020

PACER

~Util - Set/Reset Motion and R&R Deadlines/Hearings

April 13, 2020

April 13, 2020

PACER

Order

April 13, 2020

April 13, 2020

PACER

Set/Reset Deadlines as to 17 MOTION for Temporary Restraining Order. Motion set for 5/18/2020 before Judge John Michael Vazquez. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, )

April 13, 2020

April 13, 2020

PACER
19

TEXT ORDER : This Court's prior order filed at D.E.13 setting forth the briefing schedule and hearing date as to 17 MOTION for Temporary Restraining Order Motion will be heard on 4/15/2020 at 3:00 PM. So Ordered by Judge John Michael Vazquez on 4/13/2020. (ro, ) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
20

BRIEF in Opposition filed by STEVE AHRENDT, THOMAS DECKER, RONALD P EDWARDS, CHAD WOLF re 17 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 1 - 2020-03-23 Interim Guidance on Management of Coronavirus Disease, # 2 Exhibit 2 - 2020-03-27 Memorandum for Detention Wardens and Superintendents on COVID-19, # 3 Exhibit 3 - 2020-04-04 - UPDATED COVID-19 Guidance re Detained Docket Review, # 4 Exhibit 4 - Everod R. Medical Records, # 5 Exhibit 5 - Everod R. Bond Denial, # 6 Exhibit 6 - Elmer M. Medical Records, # 7 Exhibit 7 - Elmer M. NTA, # 8 Exhibit 8 - Elmer M. I-213, # 9 Exhibit 9 - Elmer M. Crim. Compl., # 10 Exhibit 10 - Decl. Director Edwards, Hudson Cnty., # 11 Exhibit 11 - Decl. Warden Ahrendt, Bergen Co., # 12 Exhibit 12 - Yusuf L. Order, # 13 Exhibit 13 - Francisco M. Order, # 14 Exhibit 14 - 2020-04-10 - ERO COVID19 Response Reqs Clean Facilities, # 15 Exhibit 15 - Decl. of Deportation Officer Dare Aniyikaiye, # 16 Certificate of Service)(PASCAL, ELIZABETH) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
21

Exhibit to 20 Brief in Opposition to Motion,,,, Ex. 6 - Con't - Add'l Med. Records for Elmer M. by STEVE AHRENDT, THOMAS DECKER, RONALD P EDWARDS, CHAD WOLF. (Attachments: # 1 Exhibit 6 - Con't Elmer M. Med. Records)(PASCAL, ELIZABETH) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

Order

April 15, 2020

April 15, 2020

PACER
22

REPLY BRIEF to Opposition to Motion filed by All Plaintiffs re 17 MOTION for Temporary Restraining Order (Attachments: # 1 Declaration of Robert B. Greifinger, MD, # 2 Declaration of Homer Venters, # 3 Declaration of Andrea Saenz, Esq., # 4 Statement of Kristopher Tyndall, Legal Aid Society attorney, # 5 Statement of Alexis Donovan, LMSW, re Mr. Ramos Macario, # 6 Exhibit 2018 Certificate of Disposition, dismissing case, # 7 Statement of Complaining Witness Explaining Charges Were False, # 8 Exhibit 2000 Certificate of Disposition, # 9 Exhibit 2018 Certificate of Disposition, # 10 Declaration of Tyisha Wilson with attached drivers license, # 11 Statement of Alexis Donovan, LMSW, re Mr. Reid)(TAJ, NABILA) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
23

Minute Entry for proceedings held before Judge John Michael Vazquez: Hearing held on 4/15/2020 regarding the pending emergent application for release. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
24

TEXT ORDER: Pursuant to the telephone conference held on April 14, 2020, the Government shall file their factual response, along with supporting documents, as to Petitioners Bairan Gomez Membreno and Erlin Parada Molina by April 16, 2020. So Ordered by Judge John Michael Vazquez on 4/15/2020. (ro, ) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
25

Letter from the respondents regarding their factual response as to Membreno and Molina. (Attachments: # 1 Exhibit 1 (Membreno Form I-213), # 2 Exhibit 2 (Membreno RAP sheet), # 3 Exhibit 3 (Membreno Notice to Appear), # 4 Exhibit 4 (Membreno Bond Order), # 5 Exhibit 5 (Membreno Medical Records), # 6 Exhibit 6 (Molina Medical Records), # 7 Exhibit 7 (Molina Notice to Appear), # 8 Exhibit 8 (IJ's order, dated November 17, 2019), # 9 Exhibit 9 (Molina bond decision), # 10 Exhibit 10 (Molina Form I-213), # 11 Exhibit 11 (Molina bond decision), # 12 Exhibit 12 (Molina BIA dismissal of appeal))(DHARIA, KRUTI) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
26

Letter from Elizabeth Pascal re: Update on Case. (PASCAL, ELIZABETH) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
27

STATUS REPORT by Darwin Avila Huayamave, Derron Bentick, Carlos Godoy Lopez, Bairon Gomez Membreno, Erlin Parada Molina, EVEROD REID, Elmer Ramos Macario, Efrain De Jesus Recinos Guzman. (Attachments: # 1 Affidavit Lauterback Declaration, # 2 Affidavit Julstrom-Agoyo Declaration)(TAJ, NABILA) (Entered: 04/18/2020)

April 18, 2020

April 18, 2020

PACER
28

RESPONSE in Support filed by Darwin Avila Huayamave, Derron Bentick, Carlos Godoy Lopez, Bairon Gomez Membreno, Erlin Parada Molina, EVEROD REID, Elmer Ramos Macario, Efrain De Jesus Recinos Guzman re 17 MOTION for Temporary Restraining Order (Attachments: # 1 Affidavit Gonsalves Declaration, # 2 Affidavit Venters Declaration, # 3 Affidavit Santos Declaration)(TAJ, NABILA) (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER
29

Letter from Brooke Menschel. (TAJ, NABILA) (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER
30

Letter from the respondents regarding Reid and Molina. (DHARIA, KRUTI) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
31

Letter from the respondents regarding Membreno's test result and enclosing updated declaration from the Bergen Facility. (DHARIA, KRUTI) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
32

Letter from Brooke Menschel. (Attachments: # 1 Exhibit Doctor Letter, # 2 Affidavit Soto Declaration, # 3 Affidavit Lauterback Declaration, # 4 Affidavit Coomes Declaration, # 5 Affidavit McCarthy Declaration)(TAJ, NABILA) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
33

Letter from the respondents re 32 Letter. (Attachments: # 1 Exhibit 1( Macario Ramos's updated medical records), # 2 Exhibit 2 (Molina's updated medical records), # 3 Exhibit 3 (Reid's updated medical records), # 4 Declaration of Warden Ahrednt, dated April 27, 2020, # 5 Declaration of Director Edwards, dated April 27, 2020)(DHARIA, KRUTI) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
34

OPINION. Signed by Judge John Michael Vazquez on 4/30/20. (jc, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
35

ORDER denying the 17 Motion of Petitioners Derron B., Darwin O.A. H., Efrain R.G., and Carlos G.L ("Released Petitioners") for a TRO without prejudice as moot. If the Released Petitioners do not believe that their habeas petition (D.E. 1, 16) is now moot in light of their release, the briefing schedule (see Order) shall apply. The 17 Motion of Petitioners Elmer R.M., Everod R., Bairon J. G.M., and Erlin P.M. for a TRO is denied without prejudice. For reasons discussed in Standing Order 2020-10 and using this Court's discretion, the Clerk shall sever Petitioners Derron B., Darwin O.A. H., Efrain R.G., Carlos G.L, Elmer R.M., Everod R., Bairon J. G.M., and Erlin P.M. after the first named Petitioner and file all documents in the originally opened case into separate individual actions with one named Petitioner, each with his own civil action number; the first named Petitioner shall remain as the only named Petitioner in this initially opened case. When this case is severed, each severed Petitioner shall be responsible for paying the applicable filing fee or submitting a completed IFP application. All of the newly opened cases from this matter shall be assigned to Judge John Michael Vazquez. Signed by Judge John Michael Vazquez on 4/30/20. (jc, ) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
36

Letter from Brooke Menschel re 35 Order on Motion for TRO,,,,,. (TAJ, NABILA) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
37

ORDER dismissing this matter without prejudice. The Clerk shall mark this case as closed. Signed by Judge John Michael Vazquez on 5/19/20. (jc, ) (Entered: 05/20/2020)

May 19, 2020

May 19, 2020

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 2, 2020

Closing Date: May 19, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A group of immigrant individuals detained by DHS/ICE who were in correctional facilities in New Jersey during the COVID-19 pandemic.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

DHS/ICE (New York City), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Habeas Corpus

Placement in detention facilities

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions