Case: Rafael L.O. v. Tsoukaris

2:20-cv-03481 | U.S. District Court for the District of New Jersey

Filed Date: April 1, 2020

Closed Date: Oct. 6, 2020

Clearinghouse coding complete

Case Summary

Five individuals detained on immigration-related charges in the Newark, New Jersey Essex Correctional Facility filed this complaint and petition for writ of habeas corpus on April 1, 2020 in the United States District Court for the District of New Jersey. The case was brought against employees of Immigration and Customs Enforcement (ICE), employees of the Department of Homeland Security, and employees of the Essex County Correctional Facility, collectively referred to as “the government.” Repre…

Five individuals detained on immigration-related charges in the Newark, New Jersey Essex Correctional Facility filed this complaint and petition for writ of habeas corpus on April 1, 2020 in the United States District Court for the District of New Jersey. The case was brought against employees of Immigration and Customs Enforcement (ICE), employees of the Department of Homeland Security, and employees of the Essex County Correctional Facility, collectively referred to as “the government.” Represented by attorneys from the American Friends Service Committee and the Immigration Defense project, the plaintiffs alleged violations of substantive due process stemming from the government’s failure to reasonably provide for their safety and protection from harm in light of the COVID-19 pandemic and sought injunctive relief.

The petitioners alleged that they each had medical conditions putting them at high-risk of severe illness or death from COVID-19 infection and asked the court to issue a temporary restraining order ordering their immediate release after facility personnel and incarcerated persons at the facility were reported to have contracted COVID-19. The government did not deny that the petitioners had medical conditions that put them at increased risk, but argued that the Essex County facility had taken reasonable precautions against COVID-19 and argued that the individual petitioners’ criminal histories or pending charges supported denying the request for release. The case was assigned to Judge John Michael Vazquez.

On April 9, 2020, the court granted release for three of the individuals, imposing conditions on the petitioners including ankle bracelet monitoring, home confinement, required mental health treatment, and obligations to follow government COVID-19 regulations. Each petitioner was also ordered to comply with individual conditions for release based on their prior criminal histories. The remaining two petitioners were released by ICE before the court’s ruling and their petitions were dismissed without prejudice.

In granting the temporary restraining order, the court relied on the 1993 Supreme Court case Helling v. McKinney, in which an incarcerated person alleged Eighth Amendment violations stemming from exposure to environmental tobacco smoke in prison. Leaning on Helling, the court reasoned that the Eighth Amendment protects against future harm and that the detained plaintiffs did not need to actually be infected with COVID-19 in order to bring a claim.

In granting the temporary restraining order, Judge Vazquez also relied heavily on a declaration from a program director of the American Friends Service Committee which explained unsanitary conditions at the Essex County facility, such as lack of soap access, the impossibility of social distancing, maggot-infested sinks, and inadequate access to medical care, all of which the court found supported the petitioners’ claim of unsafe conditions.

The court also noted that under the Fifth Amendment, the detained individuals needed to show their conditions of confinement “amount[ed] to punishment of the detainee[s]” and were not “reasonably related to a legitimate governmental objective.” The court did not find that the government expressly intended to punish the plaintiffs, but concluded that the conditions of confinement nonetheless amounted to punishment because the COVID-19 pandemic was an unusual circumstance which affected whether the government’s methods of pursuing legitimate objectives were reasonable.

Despite granting the TRO, the opinion did note that the government took affirmative steps to lessen the risk of exposure to COVID-19 in the Essex County facility, but nevertheless concluded that prisons and jails were not designed for housing individuals during pandemics.

On May 14, 2020, the temporary restraining order was converted to a preliminary injunction, which would last until the case concluded. On July 13, 2020, the government appealed the preliminary injunction and on October 6, 2020, following a private agreement between the parties, the case was dismissed. The terms of the agreement are not known.

Summary Authors

Betsy Sheppard (10/29/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17035171/parties/liriano-olivo-v-tsoukaris/


Judge(s)

Vazquez, John Michael (New Jersey)

Attorneys(s) for Plaintiff

Castle, Brittany (New York)

Johnson, Matthew Anthony (New Jersey)

Attorneys(s) for Defendant

Dharia, Kruti D. (New Jersey)

Hajdarpasic, Enes (New Jersey)

Ruymann, John Andrew (New Jersey)

Stinson, John T. (New Jersey)

Judge(s)

Vazquez, John Michael (New Jersey)

Attorneys(s) for Plaintiff

Castle, Brittany (New York)

Johnson, Matthew Anthony (New Jersey)

Attorneys(s) for Defendant

Dharia, Kruti D. (New Jersey)

Hajdarpasic, Enes (New Jersey)

Ruymann, John Andrew (New Jersey)

Stinson, John T. (New Jersey)

Documents in the Clearinghouse

Document

Docket [PACER]

Liriano Olivo v. Tsoukaris

Oct. 6, 2020 Docket
25

Order

L.O. v. Tsoukaris

April 9, 2020 Order/Opinion
24

Opinion

L.O. v. Tsoukaris

2020 WL 1808843

April 9, 2020 Order/Opinion
29

Order

L.O. v. Tsoukaris

April 24, 2020 Order/Opinion
39

Order

L.O. v. Decker

May 15, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17035171/liriano-olivo-v-tsoukaris/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number ANJDC-10631730.), filed by VICTOR MEDINA LOPEZ, ADRRIAN ENRIQUE GONZALEZ GARZA, MICHAELL ACOSTA GRANADOS, RAFAEL LIRIANO OLIVO, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration of Matthew Johnson, # 3 Exhibit C: Declaration of Ilana Herr, # 4 Exhibit F: Declaration of Joelle Lingat, # 5 Exhibit K: Declaration of Anna Byers, # 6 Exhibit M: Declaration of Dr. Allen Keller, # 7 Exhibit N: Declaration of Jordan Weiner, # 8 Exhibit O: Declaration of Dr. Elizabeth Singer, # 9 Exhibit P: Declaration of Rosa Santana, # 10 Exhibit Q: Letter to Newark ICE Field Office, # 11 Exhibit R: Emails from Essex County Chief of Staff Philip B. Alagia, # 12 Exhibit S: Email from EOIR, # 13 Exhibit T: Declaration of Dr. Ranit Mishori, # 14 Exhibit U: Letter to Members of Congress, # 15 Exhibit V: Declaration of Dr. Jamie Meyer, # 16 Exhibit W: Declaration of Dora Schriro, # 17 Exhibit X: Order in Coronel v. Decker, No. 20-cv-2472 (S.D.N.Y. Mar. 27, 2020), # 18 Exhibit Y: Order in Basank v. Decker, 20 Civ. 2518 (S.D.N.Y. Mar. 26, 2020), # 19 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/01/2020)

April 1, 2020 PACER
2

Exhibit to 1 Petition for Writ of Habeas Corpus,,,, (Exhibits A, B, D, E, G, H, I, J, L filed under temporary seal pursuant to L. Civ. R. 5.3(c)) by MICHAELL ACOSTA GRANADOS, ADRRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Exhibit A: Medical Records of Rafael Liriano Olivio, # 2 Exhibit B: Letter from Dr. Carol L. Kessler, # 3 Exhibit D: Medical Records of Adrian Gonzalez Garza, # 4 Exhibit E: Declaration of Dr. Raman Nohria, # 5 Exhibit G: Medical Records of Victor Medina Lopez, # 6 Exhibit H: Letter from Dr. Peggy Leung, # 7 Exhibit I: Medical Records of Michaell Acosta Granados, # 8 Exhibit J: Letter of Dr. Farnaz Farhi, et al., # 9 Exhibit L: Medical Records of Javier Santiago Martinez, # 10 Certificate of Service)(JOHNSON, MATTHEW)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. (Entered: 04/01/2020)

April 1, 2020 PACER

Case assigned to Judge John Michael Vazquez. (jr)

April 2, 2020 PACER

Order

April 2, 2020 PACER
3

NOTICE of Appearance by JOHN TUDOR STINSON, JR on behalf of MATTHEW T. ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF (STINSON, JOHN) (Entered: 04/02/2020)

April 2, 2020 PACER

CLERK'S QUALITY CONTROL MESSAGE - The 3 Notice of Appearance filed by John Stinson on 4/2/2020 contains the incorrect case number. Please resubmit the Notice of Appearance. (qa, )

April 2, 2020 PACER
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NOTICE of Appearance by JOHN TUDOR STINSON, JR on behalf of MATTHEW T. ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF (STINSON, JOHN) (Entered: 04/02/2020)

April 2, 2020 PACER
5

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Order to Show Cause by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Brief in Support of Motion for Temporary Restraining Order, Immediate Release Pursuant to Lucas v. Hadden, and/or Order to Show Cause, # 2 Text of Proposed Order, # 3 Exhibit List, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/02/2020)

April 2, 2020 PACER

Set Deadlines as to 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause . Motion set for 5/4/2020 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. (qa, )

April 2, 2020 PACER
6

TEXT ORDER: Scheduling a telephone conference for April 3, 2020 at 2:00 p.m. regarding the pending application for temporary restraining order. The court shall provide counsel with dial-in information. So Ordered by Judge John Michael Vazquez on 4/2/2020. (ro, ) (Entered: 04/02/2020)

April 2, 2020 PACER
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MOTION for Leave to Appear Pro Hac Vice (Leila Kang) by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Declaration of Leila Kang in Support of Application for Admission Pro Hac Vice, # 2 Declaration of Matthew Johnson in Support of Application for Admission Pro Hac Vice, # 3 Text of Proposed Order, # 4 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/03/2020)

April 3, 2020 PACER

Order

April 3, 2020 PACER
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MOTION for Leave to Appear Pro Hac Vice (Lauren Major) by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Declaration of Lauren Major in Support of Application for Admission Pro Hac Vice, # 2 Declaration of Matthew Johnson in Support of Application for Admission Pro Hac Vice, # 3 Text of Proposed Order, # 4 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/03/2020)

April 3, 2020 PACER
9

MOTION for Leave to Appear Pro Hac Vice (Anna Byers) by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Declaration of Anna Byers in Support of Application for Admission Pro Hac Vice, # 2 Declaration of Matthew Johnson in Support of Application for Admission Pro Hac Vice, # 3 Text of Proposed Order, # 4 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/03/2020)

April 3, 2020 PACER
10

NOTICE of Appearance by KRUTI D. DHARIA on behalf of MATTHEW T. ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF (DHARIA, KRUTI) (Entered: 04/03/2020)

April 3, 2020 PACER
11

Letter from AUSA Stinson with Declaration regarding ECCF. (STINSON, JOHN) (Entered: 04/03/2020)

April 3, 2020 PACER

CLERK'S QUALITY CONTROL MESSAGE - The Declarations of Leila Kang, Lauren Major, and Anna Byers contained in the Motions for Leave to Appear Pro Hac Vice (D.E 7, D.E 8, D.E 9 ) submitted by Matthew Johnson on 4/3/2020 contain improper signatures. Only Registered Users are permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT THE DOCUMENT WITH A PROPER SCANNED SIGNATURE. This submission will remain on the docket unless otherwise ordered by the court. (qa, )

April 3, 2020 PACER

Set Deadlines as to 8 MOTION for Leave to Appear Pro Hac Vice (Lauren Major), 7 MOTION for Leave to Appear Pro Hac Vice (Leila Kang), 9 MOTION for Leave to Appear Pro Hac Vice (Anna Byers). Motion set for 5/4/2020 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. (qa, )

April 3, 2020 PACER
12

Minute Entry for proceedings held before Judge John Michael Vazquez: Status phone conference held on 4/3/2020. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/03/2020)

April 3, 2020 PACER
13

TEXT ORDER: Pending before the Court is Petitioners motion for temporary restraints. D.E. 5. As discussed during the telephone conference with counsel on April 3, 2020, Respondents shall submit any opposition by April 6, 2020. Petitioners are also granted leave to file supplemental information in support of their motion by April 6. The Court will hear argument on the motion, by teleconference, on April 7, 2020 at 4:00 p.m. So Ordered by Judge John Michael Vazquez on 4/3/2020. (ro, ) (Entered: 04/03/2020)

April 3, 2020 PACER
14

ORDER granting 7 Motion for Leave to Appear Pro Hac Vice for Leila Kang, Esq., etc. Signed by Judge John Michael Vazquez on 4/6/2020. (th, ) (Entered: 04/06/2020)

April 6, 2020 PACER
15

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice for Lauren Major, Esq., etc. Signed by Judge John Michael Vazquez on 4/6/2020. (th, ) (Entered: 04/06/2020)

April 6, 2020 PACER
16

ORDER granting 9 Motion for Leave to Appear Pro Hac Vice for Anna Byers, Esq., etc. Signed by Judge John Michael Vazquez on 4/6/2020. (th, ) (Entered: 04/06/2020)

April 6, 2020 PACER
17

MEMORANDUM in Opposition filed by JOHN TSOUKARIS, CHAD F. WOLF re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause (Attachments: # 1 Declaration of Director Ortiz, # 2 Exhibit A (Interim guidance of Management of COVID-19), # 3 Exhibit B (ICE Memo on COVID-19), # 4 Exhibit C (Olivo NTA), # 5 Exhibit D (Olivo Judgment of Conviction), # 6 Exhibit E (Olivo Form I-213), # 7 Exhibit F (Martinez NTA), # 8 Exhibit G (Martinez Form I-213), # 9 Exhibit H (Martinez Criminal Complaint), # 10 Exhibit I (Martinez Request of Bond Withdrawal), # 11 Exhibit J (Martinez Denial of Release), # 12 Exhibit K (Garza NTA), # 13 Exhibit L (Garza Form I-213), # 14 Exhibit M (Garza Bond Order), # 15 Exhibit N (BIA's rejection of Garza's appeal), # 16 Exhibit O (Francisco M. v. Decker), # 17 Exhibit P (Lateef v. Decker), # 18 Exhibit Q (Garza Denial of Release), # 19 Exhibit R (Olivo Denial of Release))(DHARIA, KRUTI) (Entered: 04/06/2020)

April 6, 2020 PACER
18

Exhibit Index to Re 5 Motion for TRO,,, Motion for Preliminary Injunction,,, Motion for Order to Show Cause,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(JOHNSON, MATTHEW) (Entered: 04/06/2020)

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April 6, 2020 PACER
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Exhibit Index to Re 5 Motion for TRO,,, Motion for Preliminary Injunction,,, Motion for Order to Show Cause,,. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/07/2020)

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10 Certificate of Service

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April 6, 2020 PACER
20

Letter from Matthew Johnson re 17 Memorandum in Opposition of Motion,,,,. (Attachments: # 1 Exhibit A, Release Documents from Criminal Arrest of Petitioner Santiago Martinez, # 2 Exhibit B, Parole Documents for Petitioner Liriano Olivo, # 3 Exhibit C, Memorandum and Order, Hope v. Doll (M.D.Pa. Apr. 7, 2020))(JOHNSON, MATTHEW) (Entered: 04/07/2020)

April 7, 2020 PACER
21

Minute Entry for proceedings held before Judge John Michael Vazquez: Motion Hearing held on 4/7/2020 re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause filed by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, JAVIER SANTIAGO MARTINEZ, VICTOR MEDINA LOPEZ, RAFAEL LIRIANO OLIVO. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/07/2020)

April 7, 2020 PACER
22

Letter from the Government. (DHARIA, KRUTI) (Entered: 04/08/2020)

April 8, 2020 PACER
23

Letter from Matthew Johnson re 22 Letter. (Attachments: # 1 Exhibit A, Letter from Rayza Goldsmith, Esq.)(JOHNSON, MATTHEW) (Entered: 04/08/2020)

April 8, 2020 PACER
24

OPINION. Signed by Judge John Michael Vazquez on 4/9/2020. (sm) (Entered: 04/09/2020)

April 9, 2020 RECAP
25

ORDER that motion of Petitioners Victor M.L. and Michaell A.G. (D.E. 5) is DENIED without prejudice as moot because they have already been released; the motion of the remaining Petitioners Rafael L.O., Adrian E. G.G., and Javier S.M. - for a temporary restraining order D.E. 5, is GRANTED; that remaining Petitioners are to be released subject to the following specific conditions; etc.; the Court will hear argument as to whether the TRO should be convertedto a preliminary injunction on April 23, 2020, at 2 p.m. by teleconference; etc. Signed by Judge John Michael Vazquez on 4/9/2020. (sm) (Entered: 04/09/2020)

April 9, 2020 RECAP
26

MOTION to Seal Pursuant to Local Civil Rule 5.3(c) by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ. (Attachments: # 1 Certification of Leila Kang, # 2 Text of Proposed Order, # 3 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 04/15/2020)

April 15, 2020 PACER

Pro Hac Vice Fee Received

April 16, 2020 PACER

Pro Hac Vice fee as to Leila Kang, Esq.: $ 150, receipt number CAM011237 (tf, )

April 16, 2020 PACER
27

NOTICE of Appearance by BRITTANY CARYL CASTLE on behalf of MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, RAFAEL LIRIANO OLIVO, VICTOR MEDINA LOPEZ, JAVIER SANTIAGO MARTINEZ (CASTLE, BRITTANY) (Entered: 04/16/2020)

April 16, 2020 PACER
28

Minute Entry for proceedings held before Judge John Michael Vazquez: Hearing held on 4/23/2020 regarding the pending emergent application. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 04/23/2020)

April 23, 2020 PACER

Pro Hac Vice Fee Received

April 24, 2020 PACER

Pro Hac Vice fee: $ 300, receipt number TRE111017 as to Lauren Major, Esq and Anna Byers, Esq. (jjc, )

April 24, 2020 PACER
29

ORDER that the TRO, D.E. 25, granted on April 9, 2020, is extended until May 14, 2020; that on May 14, 2020, at 3:00 p.m., the Court will hear oral argument from the parties as to whether the TRO should be converted to a preliminary injunction; the parties shall submit briefs as to the preliminary injunction by May 4, 2020, and either side may file opposition by May 11, 2020. Signed by Judge John Michael Vazquez on 4/24/2020. (sm) (Entered: 04/24/2020)

April 24, 2020 RECAP

Set/Reset Motion and R&R Deadlines/Hearings

April 29, 2020 PACER

Set Deadlines as to 26 MOTION to Seal Pursuant to Local Civil Rule 5.3(c). 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. (qa, )

April 29, 2020 PACER
30

Letter from the respondents regarding preliminary injunction. (Attachments: # 1 Declaration of Director Ortiz, dated May 4, 2020)(DHARIA, KRUTI) (Entered: 05/04/2020)

May 4, 2020 PACER
31

BRIEF in Support of Preliminary Injunction (Attachments: # 1 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 05/04/2020)

May 4, 2020 PACER
32

Exhibit Index to Re 31 Brief. (Attachments: # 1 Exhibit A: Emails from Essex County Chief of Staff Philip B. Alagia, # 2 Exhibit B: Press Release, Essex County Executive Divicenzo, Freeholder President Gill and Vice President Richardson Comment Medical Care Provider on Initiative to Screen All Essex County Correctional Facility Inmates and Detainees for COVID-19., # 3 Exhibit C: Supplemental Declaration of Dr. Jaimie Meyer, M.D., M.S., D-A-A- v. Decker, Case No. 20-cv-4337 (D.N.J. Apr. 22, 2020), # 4 Exhibit D: Supplemental Declaration of Dr. Elizabeth Singer, # 5 Exhibit E: Supplemental Declaration of Rosa Santana, First Friends of New York and New Jersey, # 6 Exhibit F: Jason W. v. Anderson, 2:20-cv-3704 (D.N.J. Apr. 17, 2020), # 7 Exhibit G: Christian A.R. v. Decker, 2020 WL 2092616 (D.N.J. Apr. 12, 2020), # 8 Exhibit H: Durel B. v. Decker, 2020 WL 1922140 (D.N.J. Apr. 21, 2020), # 9 Exhibit I: Jeferson V.G. v. Decker, 2020 WL 1873018 (D.N.J. Apr. 15, 2020), # 10 Exhibit J: Leandro R.P. v. Decker, 2020 WL 1899791 (D.N.J. Apr. 17, 2020), # 11 Exhibit K: Preliminary Injunction Grant, Kevin M.A. v. Decker, 2020 WL 2092791, (D.N.J. May 1, 2020), # 12 Exhibit L: Fourth Amended Declaration of Alfaro Ortiz, Cleland v. Tsoukaris, Case No. 2:20-cv-04622 (D.N.J. Apr. 42, 2020) ECF 7-5, # 13 Exhibit M: Opinion and Order Granting Preliminary Injunction, Basank v. Decker, 2020 WL 1953847 (S.D.N.Y. Apr. 23, 2020), # 14 Exhibit N: Opinion and Order Converting Temporary Restraining Order into Preliminary Injunction, Malam v. Adducci, 2020 WL 1899570 (E.D. Mich. Apr. 17, 2020), # 15 Exhibit O: Valenzuela Arias v. Decker, 2020 WL 1847986 (S.D.N.Y. Apr. 10, 2020), # 16 Exhibit P: Opinion and Order Converting Temporary Restraining Order into Preliminary Injunction, Malam v. Adducci, 2020 WL 1934895 (E.D. Mich. Apr. 22, 2020), # 17 Exhibit Q: Ferreyra v. Decker, No. 1:20-cv-3170, 2020 WL 1989417 (S.D.N.Y. Apr. 27, 2020), # 18 Exhibit R: Supplemental Declaration of Olivia Kaplan, # 19 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 05/05/2020)

May 5, 2020 PACER
33

Letter from Petitioner Regarding Unopposed Request for Acceptance of Late Filing re 32 Exhibit Index,,,,,,,,. (Attachments: # 1 Exhibit A: Declaration of Matthew A. Johnson in Support of Unopposed Request for Acceptance of Late Filing, # 2 Certificate of Service)(JOHNSON, MATTHEW) (Entered: 05/06/2020)

May 6, 2020 PACER
34

ORDER re 33 Letter for Unopposed Request for Acceptance of Late Filing. Signed by Judge John Michael Vazquez on 5/7/2020. (bt, ) (Entered: 05/07/2020)

May 7, 2020 PACER
35

BRIEF Reply Brief In Support of Preliminary Injunction (CASTLE, BRITTANY) (Entered: 05/11/2020)

May 11, 2020 PACER
36

Letter from the respondents opposing the entry of a preliminary injunction. (Attachments: # 1 Declaration of Director Ortiz, dated May 11, 2020, # 2 Declaration of Dr. Anicetti, dated May 4, 2020)(DHARIA, KRUTI) (Entered: 05/11/2020)

May 11, 2020 PACER
37

Letter from Petitioners re 36 Letter. (CASTLE, BRITTANY) (Entered: 05/12/2020)

May 12, 2020 PACER
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Minute Entry for proceedings held before Judge John Michael Vazquez: Motion Hearing held on 5/14/2020 by telephone conferencing re 5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Order to Show Cause filed by MICHAELL ACOSTA GRANADOS, ADRIAN ENRIQUE GONZALEZ GARZA, JAVIER SANTIAGO MARTINEZ, VICTOR MEDINA LOPEZ, RAFAEL LIRIANO OLIVO. (Court Reporter/Recorder Lisa A. Larsen.) (ro, ) (Entered: 05/14/2020)

May 14, 2020 PACER
39

ORDER that the TRO, D.E. 14, is hereby converted to a preliminary injunction; Petitioners Rafael L.O., Adrian E. G.G., and Javier S.M. remain subject to the conditions of release set forth in the TRO, D.E. 25; if any Petitioner (Petitioners Rafael L.O., Adrian E. G.G., and Javier S.M.) should violate any of the conditions of release, or be charged with a criminal offense, then U.S. Immigration and Customs Enforcement (ICE) may take whatever lawful action that it deems necessary without first seeking leave from the Court. ICE shall notify Petitioners counsel of such action as soon thereafter as is practicable. Signed by Judge John Michael Vazquez on 5/14/2020. (sm) (Entered: 05/15/2020)

May 15, 2020 RECAP
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ORDER that the Clerks Office shall separate this action and sever the Petitioners, with a separate docket number for each Petitioner - Victor M.L., Michaell A.G., Rafael L.O., Adrian E. G.G., and Javier S.M. Signed by Judge John Michael Vazquez on 5/14/2020. (sm) (Entered: 05/15/2020)

May 15, 2020 PACER
41

ORDER granting 26 Petitioners' Motion to Seal ECF Nos. 2-1, 2-2, 2-3, 2-4, 2-5, 2-6, 2-7, 2-8, 2-9, 17-8, 17-9, 17-11, 17-12, 17-13, 17-14, 17-15, 17-18; etc. Signed by Judge John Michael Vazquez on 5/15/2020. (sm) (Entered: 05/15/2020)

May 15, 2020 PACER
42

NOTICE of Appearance by VICTOR M. MERCADO-SANTANA on behalf of All Defendants (MERCADO-SANTANA, VICTOR) (Entered: 07/13/2020)

July 13, 2020 PACER
43

NOTICE OF APPEAL as to 39 Preliminary Injunction Order by MATTHEW T. ALBENCE, WILLIAM J. ANDERSON, WILLIAM P. BARR, GUY CIRILLO, JOHN TSOUKARIS, CHAD F. WOLF. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (MERCADO-SANTANA, VICTOR) Modified on 7/13/2020 (dam, ). (Entered: 07/13/2020)

July 13, 2020 PACER
44

USCA Case Number 20-2449 for 43 Notice of Appeal (USCA), filed by MATTHEW T. ALBENCE, CHAD F. WOLF, WILLIAM P. BARR, WILLIAM J. ANDERSON, GUY CIRILLO, JOHN TSOUKARIS. USCA Case Manager Tim McIntyre (Document Restricted - Court Only) (ca3tmm, ) (Entered: 07/15/2020)

July 15, 2020 PACER
45

ORDER of USCA In accordance with the agreement of the parties in the above-captioned case, the matter is hereby dismissed pursuant to Fed. R. App. P. 42(b), without cost to either party. (ca3tmm, ) (Entered: 10/06/2020)

Oct. 6, 2020 PACER

State / Territory: New Jersey

Case Type(s):

Immigration and/or the Border

Immigration and/or the Border

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 1, 2020

Closing Date: Oct. 6, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals detained by Immigration and Customs Enforcement and/or Department of Homeland Security with high-risk of contracting COVID-19.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Immigration and Customs Enforcement, Federal

JOHN TSOUKARIS (Newark, Essex), Regional

WILLIAM J. ANDERSON (Essex), County

GUY CIRILLO (Essex), County

MATTHEW T. ALBENCE, Federal

CHAD F. WOLF, Federal

WILLIAM P. BARR, Attorney General of the United State, Federal

Defendant Type(s):

Corrections

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Unknown

Source of Relief:

Settlement

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Habeas Corpus

Placement in detention facilities

Sanitation / living conditions

Medical/Mental Health:

Medical care, general

Mental health care, general

COVID-19:

Population-Medically vulnerable

Release granted-group

Release granted-individual

Release-process created/modified

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights