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Case Name Yarzue v. Division of Immigration Health Services IM-PA-0004
Docket / Court 4:05-cv-01415-JFM-JVW ( M.D. Pa. )
State/Territory Pennsylvania
Case Type(s) Immigration
Case Summary
On July 14, 2005, a federal immigration detainee filed a pro se lawsuit in the United States District Court for the Middle District of Pennsylvania, alleging that he was denied proper medical care for a serious condition in violation of his rights under the Eighth and Fourteenth Amendments. ... read more >
On July 14, 2005, a federal immigration detainee filed a pro se lawsuit in the United States District Court for the Middle District of Pennsylvania, alleging that he was denied proper medical care for a serious condition in violation of his rights under the Eighth and Fourteenth Amendments. Plaintiff alleged that while he was incarcerated at York County Prison in Pennsylvania (a state facility contracted to hold federal immigration detainees) he suffered from severe pain in his genitals and urinary tract. He was seen and treated by several doctors, but his condition did not improve. Ultimately, one of the treating doctors recommended that he undergo a cystoscopic evaluation (a diagnostic procedure that uses a cystoscope to examine the bladder, lower urinary tract, and prostate gland) by a urologist. The Division of Immigration Health Services of the Department of Homeland Security refused to approve the test on the basis that it was not medically necessary. Plaintiff filed an administrative grievance which was eventually reviewed by the Complaint Review Board, which determined that the treatment was constitutionally required, and that it should be provided immediately. When federal immigration authorities were notified of the Board's decision, plaintiff was transferred to a different facility in Berks County, allegedly to avoid providing the treatment. This lawsuit ensued.

On November 8, 2005, Defendant York County filed a third-party complaint against the federal immigration defendants, seeking an injunction requiring the federal defendants to provide plaintiff and all inmates in its custody with healthcare that was mandated by the U.S. Constitution. The next day, the District Court (Judge James F. McClure Jr.) appointed attorneys with the Pennsylvania Institutional Law Project to represent the plaintiff. Appointed counsel subsequently filed a second amended complaint which refined plaintiff's claims and sought declaratory and injunctive relief, as well as compensatory damages.

The federal immigration agency defendants moved to dismiss York County's third party complaint. In lieu of replying to plaintiff's second amended complaint, the federal defendants requested and were given numerous extensions, presumably because settlement negotiations were underway. On September 1, 2006, plaintiff filed a stipulation for dismissal of his claims. The details of the settlement were not made part of the Court record and are unknown.

Dan Dalton - 12/28/2007


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Issues and Causes of Action
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Issues
General
Conditions of confinement
Immigration
Constitutional rights
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) U.S. Division of Immigration Health Services
Berks County Prison
PrimeCare Medical Inc.
Prison Health Services, Inc.
U.S. Department of Homeland Security (DHS)
U.S. Immigration and Customs Enforcement (ICE)
York County Prison
Plaintiff Description Federal immigration detainee in York County Prison
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement Voluntary Dismissal
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
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)
4:05-cv-01415-JFM-JVW (M.D. Pa.) 09/07/2006
IM-PA-0004-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Third Party Complaint 11/08/2005
IM-PA-0004-0002 PDF | Detail
Memorandum, re: Division of Immigration Health Services 11/28/2005
IM-PA-0004-0003 PDF | Detail
Plaintiff's Second Amended Complaint 12/21/2005
IM-PA-0004-0001 PDF | Detail
Exhibits to Third Party Plaintiff's Brief in Opposition to the Third Party Defendants' Motion to Dismiss the Third Party Complaint 04/07/2006
IM-PA-0004-0004 PDF | Detail
Judges McClure, James Focht Jr. (M.D. Pa.)
IM-PA-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Cooke, Michael J. (Pennsylvania)
IM-PA-0004-0001 | IM-PA-0004-9000
Love, Angus R. (Pennsylvania)
IM-PA-0004-0001 | IM-PA-0004-9000
Defendant's Lawyers Brenner, Thomas Edward (Pennsylvania)
IM-PA-0004-9000
Butler, Michael J. (Pennsylvania)
IM-PA-0004-9000
Reihart, Donald L. (Pennsylvania)
IM-PA-0004-0002 | IM-PA-0004-0004 | IM-PA-0004-9000
Roessing, Charles T. (Pennsylvania)
IM-PA-0004-9000
Zaslow, David R. (Pennsylvania)
IM-PA-0004-9000
Other Lawyers None on record

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