Filed Date: March 1, 2022
Closed Date: March 11, 2022
Clearinghouse coding complete
This is a putative class action lawsuit brought by medically vulnerable individuals in U.S. Immigration and Customs Enforcement (ICE) custody who were refused a COVID booster vaccine. On March 1, 2022, plaintiffs filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued ICE and the U.S. Department of Homeland Security alleging violations of Section 504 of the Rehabilitation Act and the Administrative Procedure Act for failure to provide reasonable accommodations to persons with disabilities, and violations of the Fifth Amendment right to substantive due process, for failure to provide reasonably adequate medical care.
Represented by the ACLU National Prison Project and the ACLU Immigrants’ Rights Project, the plaintiffs sought to certify a class of medically vulnerable detained people, and asked the court to: declare the government’s failure to provide booster shots to that class unlawful; issue injunctive relief ordering defendants to offer and provide booster shots to the identified class; and award attorneys fees and costs. They also sought a temporary restraining order requiring defendants to make available and provide booster shots in accordance with CDC guidance. The case was assigned to Judge Richard J. Leon.
After the plaintiffs filed the complaint and request for a TRO, and before the court had made any rulings in the case, the defendants provided plaintiffs COVID booster shots, mooting their claims. On March 11, 2022, plaintiffs voluntarily dismissed the action without prejudice pursuant to Fed. R. Civ. Proc. 41(a).
Summary Authors
Michelle Landry (5/31/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63124843/parties/escalante-v-us-immigration-and-customs-enforcement/
Leon, Richard J. (District of Columbia)
Spitzer, Arthur B. (District of Columbia)
Young, Shane Alan (District of Columbia)
Youngs, Jennifer (District of Columbia)
Leon, Richard J. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/63124843/escalante-v-us-immigration-and-customs-enforcement/
Last updated Feb. 26, 2024, 3:06 a.m.
State / Territory: District of Columbia
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 1, 2022
Closing Date: March 11, 2022
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiffs are five medically vulnerable individuals detained by ICE, seeking to represent a class of medically vulnerable detained people
Plaintiff Type(s):
Attorney Organizations:
ACLU Immigrants' Rights Project
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Mooted before ruling
Defendants
US Immigration and Custom Enforcement, Federal
U.S. Department of Homeland Security, Federal
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.
Ex parte Young (federal or state officials)
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Content of Injunction:
Preliminary relief request withdrawn/mooted
Issues
General:
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
COVID-19:
Population-Medically vulnerable
Type of Facility:
Immigration/Border: