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Case Name Toure v. Hott IM-VA-0008
Docket / Court 1:20-cv-00395 ( E.D. Va. )
State/Territory Virginia
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Attorney Organization Legal Services/Legal Aid
National Immigration Project of the NLG
Case Summary
COVID-19: This is a habeas action filed by nine immigration detainees confined in the Caroline and Farmville Detention Centers, seeking either writs of habeas corpus for each petitioner, or in the alternative, injunctive relief. The petitioners alleged that they were particularly vulnerable to the ... read more >
COVID-19: This is a habeas action filed by nine immigration detainees confined in the Caroline and Farmville Detention Centers, seeking either writs of habeas corpus for each petitioner, or in the alternative, injunctive relief. The petitioners alleged that they were particularly vulnerable to the virus, either due to medical conditions or their age. No outcome yet.


On April 9, 2020, nine immigration detainees filed this lawsuit against ICE, the warden of the Farmville Detention Center, the Superintendent of the Caroline Detention Center, and the Field Office Director of the ICE Washington Field Office. Represented by the Capital Area Immigrants' Rights Coalition, the National Immigration Project of the National Lawyers Guild, and the Legal Aid Justice Center, the petitioners sought writs of habeas corpus under, or in the alternative injunctive and declaratory relief for violations of their Fifth Amendment Due Process rights and the Rehabilitation Act.

The case was assigned to Judge Liam O'Grady and Magistrate Judge John F. Anderson.

The plaintiffs filed a motion for a temporary restraining order or a preliminary injunction on April 13.

On April 29, Judge O'Grady denied the motion for a temporary restraining order or a preliminary injunction because the plaintiffs had failed to carry their burden. The plaintiffs filed an appeal on May 8.

This case is ongoing.

Caitlin Kierum - 05/09/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process: Substantive Due Process
Defendant-type
Corrections
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Habeas Corpus
Medical/Mental Health
COVID-19 Release Requested
Medical care, general
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Non-government for profit
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Jeffery Crawford
Paul Perry
Russell Hott
U.S. Immigrations and Customs Enforcement
Plaintiff Description Nine Immigration Detainees held in detention centers in Virginia
Indexed Lawyer Organizations Legal Services/Legal Aid
National Immigration Project of the NLG
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 04/09/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:20-cv-395 (E.D. Va.)
IM-VA-0008-9000.pdf | Detail
Date: 07/24/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-VA-0008-0001.pdf | Detail
Date: 04/09/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Support of Motion for a Temporary Restraining Order and/or Preliminary Injunction [ECF# 8]
IM-VA-0008-0002.pdf | Detail
Date: 04/13/2020
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion & Order [ECF# 33] (2020 WL 2092639) (E.D. Va.)
IM-VA-0008-0003.pdf | WESTLAW | Detail
Date: 04/29/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Anderson, John F. (E.D. Va.) [Magistrate] show/hide docs
IM-VA-0008-9000
O'Grady, Liam (E.D. Va.) show/hide docs
IM-VA-0008-0003 | IM-VA-0008-9000
Plaintiff's Lawyers Appelbaum, Adina Bassim (District of Columbia) show/hide docs
IM-VA-0008-0001 | IM-VA-0008-0002 | IM-VA-0008-9000
Donovan, Kristin Fisher (Virginia) show/hide docs
IM-VA-0008-0001 | IM-VA-0008-0002 | IM-VA-0008-9000
Qureshi, Amber (District of Columbia) show/hide docs
IM-VA-0008-0001 | IM-VA-0008-0002
Sandoval-Moshenberg, Simon (Virginia) show/hide docs
IM-VA-0008-9000
Shebaya, Sirine (District of Columbia) show/hide docs
IM-VA-0008-0001 | IM-VA-0008-0002
Warner, Granville Clayton (Virginia) show/hide docs
IM-VA-0008-0001 | IM-VA-0008-0002 | IM-VA-0008-9000
Defendant's Lawyers Barghaan, Dennis C. (Virginia) show/hide docs
IM-VA-0008-9000
Erbach, John Michael (Virginia) show/hide docs
IM-VA-0008-9000
Hoare, Kasey Leigh (Virginia) show/hide docs
IM-VA-0008-9000
Mezger, Matthew J. (Virginia) show/hide docs
IM-VA-0008-9000

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