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


compress summary