University of Michigan Law School
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Case Name Medvid by Jeziersky v. New Orleans Police Department IM-LA-0003
Docket / Court 85-5065 ( E.D. La. )
State/Territory Louisiana
Case Type(s) Immigration
Case Summary
In 1985, petitioners, as next friends on behalf of Ukrainian seaman Medvid, filed a petition requesting a TRO in U.S. District Court for the Eastern District of Louisiana, seeking to prevent the removal of Medvid from the jurisdiction and deliver him to the custody of his attorneys. Medvid, who ... read more >
In 1985, petitioners, as next friends on behalf of Ukrainian seaman Medvid, filed a petition requesting a TRO in U.S. District Court for the Eastern District of Louisiana, seeking to prevent the removal of Medvid from the jurisdiction and deliver him to the custody of his attorneys. Medvid, who had been aboard a Russian ship, the SS Marshal Konev, jumped off the ship and swam to shore in New Orleans. He was taken into police custody, where he allegedly stated his intention to remain in the U.S. INS agents returned him to the ship, where he jumped off again. He was again apprehended. Thereafter the State Department got involved to determine whether he was seeking political asylum. Eventually, federal officials concluded that Medvid had changed his mind and no longer wished to stay in the U.S. and he was returned to his ship.

The District Court (Judge Feldman) denied the request for a TRO, finding that Medvid's attorneys had already unsuccessfully filed suit in the District of Columbia over the issue, and the D.C. judges had already ruled that Medvid was not seeking political asylum. As such, there was no likelihood that petitioners would prevail at trial and the TRO was denied. Medvid by Jeziersky v. New Orleans Police Department, 621 F.Supp. 503 (E.D. La. 1985).

Not that petitioners attorneys subsequently filed a separate habeas corpus petition to try to prevent Medvid's departure. See IM-LA-2 for a summary of that case.

Dan Dalton - 11/17/2007


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Issues and Causes of Action
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Issues
General
International law
Immigration
Asylum - criteria
Asylum - procedure
Refugees
Plaintiff Type
Private Plaintiff
Causes of Action
Defendant(s) Immigration and Naturalization Service
Plaintiff Description Next friends of a Ukranian seaman who swam from his ship to the US shore and was immediately returned to his ship without any administrative review of the decision
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1985
Case Ongoing No
Case Listing IM-LA-0002 : Medvid v. Lambert (E.D. La.)
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Order and Reasons 11/06/1985 (621 F.Supp. 503) (E.D. La.)
IM-LA-0003-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Feldman, Martin Leach-Cross (E.D. La., FISC)
IM-LA-0003-0001
Monitors/Masters None on record
Plaintiff's Lawyers Holzer, Henry Mark (New York)
IM-LA-0003-0001
Kulas, Julian E. (Illinois)
IM-LA-0003-0001
Wolf, Michael S. (Louisiana)
IM-LA-0003-0001
Defendant's Lawyers Baity, William F. (Louisiana)
IM-LA-0003-0001
Linhardt, Daniel S. (Louisiana)
IM-LA-0003-0001
Other Lawyers None on record

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