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Case Name Tamayo Espinoza v. Witte IM-MS-0003
Docket / Court 5:20-cv-00106 ( S.D. Miss. )
State/Territory Mississippi
Case Type(s) Immigration and/or the Border
Special Collection COVID-19 (novel coronavirus)
Attorney Organization Center for Constitutional Rights (CCR)
MacArthur Justice Center
National Immigration Project of the NLG
Case Summary
COVID-19 Summary: This is a habeas action brought by seven medically vulnerable detainees in Mississippi. They sought release from detention because their underlying medical conditions made them particularly vulnerable to COVID-19, which made their detention allegedly unconstitutional. The court ... read more >
COVID-19 Summary: This is a habeas action brought by seven medically vulnerable detainees in Mississippi. They sought release from detention because their underlying medical conditions made them particularly vulnerable to COVID-19, which made their detention allegedly unconstitutional. The court denied a TRO on June 3, 2020.


On April 16, 2020, seven medically vulnerable people held in the Adams County Detention Center brought this suit in the U.S. District Court for the Southern District of Mississippi. Represented by the Center for Constitutional Rights, the National Immigration Project of the National Lawyers' Guild, and the MacArthur Justice Center at the University of Mississippi School of Law, the plaintiffs brought this suit against Immigration and Customs Enforcement (ICE), the New Orleans ICE field office and the Adams County Detention Center. Suing under the Rehabilitation Act and the federal habeas statute, 28 U.S.C. § 2241, the plaintiffs alleged violations of the Due Process clause of the Fifth Amendment. The case was assigned to Judge David C. Bramlette and Magistrate Judge Michael T. Parker.

Simultaneous with the petition for writ of habeas corpus, the plaintiffs filed a motion for temporary restraining order (TRO), arguing that their detention was unconstitutional and that release from detention was the only action that could remedy the violation of their rights. The defendants filed a motion in opposition to the TRO on April 30.

After a hearing, Judge. Bramlette denied the TRO on June 3, 2020, finding that the plaintiffs had failed to demonstrate that their detention amounted to punishment under the Constitution, or that the officials at the detention center had been acting with deliberate indifference. 2020 WL 2949779.

The case remains open, but with no further docket entries.

Caitlin Kierum - 07/19/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Substantive Due Process
Content of Injunction
Preliminary relief denied
Crowding
Crowding / caseload
Defendant-type
Corrections
General
Bathing and hygiene
Conditions of confinement
Totality of conditions
Immigration/Border
Detention - procedures
Medical/Mental Health
COVID-19 Release Denied
COVID-19 Release Requested
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Adams County Detention Center
Immigration and Customs Enforcement
New Orleans ICE Field Office
Plaintiff Description Seven medically vulnerable detainees in Mississippi
Indexed Lawyer Organizations Center for Constitutional Rights (CCR)
MacArthur Justice Center
National Immigration Project of the NLG
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer Yes
Nature of Relief None yet
None
Source of Relief None
Filed 04/16/2020
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)
  Tamayo Espinoza v. Witte
Center for Constitutional Rights
Date: May 12, 2020
By: Center for Constitutional Rights
[ Detail ] [ External Link ]

Docket(s)
5:20-cv-00106 (S.D. Miss.)
IM-MS-0003-9000.pdf | Detail
Date: 06/11/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Petition for a Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief [ECF# 1]
IM-MS-0003-0001.pdf | Detail
Date: 04/16/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Memorandum of Law in Support of their Motion for a Temporary Restraining Order [ECF# 5]
IM-MS-0003-0002.pdf | Detail
Date: 04/16/2020
Source: PACER [Public Access to Court Electronic Records]
Response in Opposition to Motion for Temporary Restraining Order [ECF# 15]
IM-MS-0003-0003.pdf | Detail
Date: 04/30/2020
Source: PACER [Public Access to Court Electronic Records]
Petitioners' Reply in Support of their Motion for a Temporary Restraining Order [ECF# 26]
IM-MS-0003-0004.pdf | Detail
Date: 05/06/2020
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 34] (2020 WL 2949779) (S.D. Miss.)
IM-MS-0003-0005.pdf | WESTLAW | Detail
Date: 06/03/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bramlette, David C. (S.D. Miss.) show/hide docs
IM-MS-0003-0005 | IM-MS-0003-9000
Parker, Michael T. (S.D. Miss.) [Magistrate] show/hide docs
IM-MS-0003-9000
Plaintiff's Lawyers Aguirre, Guadalupe V (New York) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004 | IM-MS-0003-9000
Azmy, Baher (New York) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004 | IM-MS-0003-9000
Guisado, Angelo R. (New York) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004 | IM-MS-0003-9000
Johnson, Cliff (Mississippi) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004 | IM-MS-0003-9000
Jong, Jeremy (Louisiana) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004
Pokharel, Astha Sharma (New York) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004
Schwarz, Ghita (New York) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004 | IM-MS-0003-9000
Shebaya, Sirine (District of Columbia) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004 | IM-MS-0003-9000
Thomas, Brittany (New York) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004
Vogel, Matthew Scott (District of Columbia) show/hide docs
IM-MS-0003-0001 | IM-MS-0003-0002 | IM-MS-0003-0004 | IM-MS-0003-9000
Defendant's Lawyers Hurst, D Michael (Michigan) show/hide docs
IM-MS-0003-0003
Williams, Angela Givens (Mississippi) show/hide docs
IM-MS-0003-0003 | IM-MS-0003-9000

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