Opinion

CLELAND v. TSOUKARIS

Court
District Court, D. New Jersey
Filed
May 7, 2020
Cited by
0 cases
Authority
More cited than 25.2%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

PETER O. C., Civil Action No. 20-4622 (SDW)

Petitioner,

v. OPINION

JOHN TSOUKARIS, et al.,

Respondents.

WIGENTON, District Judge:

Presently before the Court is the petition for a writ of habeas corpus of Petitioner, Peter O.

C., filed pursuant to 28 U.S.C. § 2241. (ECF No. 1). Also before the Court is Petitioner’s motion

seeking a temporary restraining order. (ECF No. 3). Following an order to answer, the

Government filed responses to the petition and motion (ECF No. 7), to which Petitioner has

replied. (ECF No. 9). For the following reasons, this Court will deny the petition without prejudice

and will deny the motion as moot in light of the denial of Petitioner’s habeas petition.

I. BACKGROUND

Petitioner is a native and citizen of Ghana who was admitted to the United States for a

period not to exceed six months in May 2014. (Document 6 attached to ECF No. 7 at 6). Petitioner

overstayed his visa, however, and illegally remained in the United States after its expiration. (Id.).

Petitioner was thereafter convicted of receiving stolen property with a value of more than $75,000

on August 15, 2018. (Id.). Petitioner was sentenced to seven years imprisonment as a result. (Id.).

On January 23, 2020, Petitioner was taken into immigration custody and placed in removal

proceedings based on his criminal history and overstay. (Id. at 3-9). Petitioner has been detained

pursuant to the Government’s mandatory detention authority under 8 U.S.C. § 1226(a) since that

time. (Id. at 11). Petitioner suffers from hypertension and obesity, both of which he, through his

medical expert, contends place him at risk of severe complications were he to become infected

with COVID-19. (See Document 8 attached to ECF No. 9). Petitioner’s hypertension is being

treated, however, at the facility – by the admission of Petitioner’s own expert, he has been treated

at least twice for that issue during the month of April, during which he was provided medication

and was seen by medical staff including a doctor.1 (Id.).

II. DISCUSSION

A. Legal Standard

Under 28 U.S.C. § 2241(c), habeas relief may be extended to a prisoner only when he “is

in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. §

2241(c)(3). A federal court has jurisdiction over such a petition if the petitioner is “in custody”

and the custody is allegedly “in violation of the Constitution or laws or treaties of the United

States.” 28 U.S.C. § 2241(c)(3); Maleng v. Cook, 490 U.S. 488, 490 (1989). As Petitioner is

currently detained within this Court’s jurisdiction, by a custodian within the Court’s jurisdiction,

and asserts that his continued detention violates due process, this Court has jurisdiction over his

claims. Spencer v. Kemna, 523 U.S. 1, 7 (1998); Braden v. 30th Judicial Circuit Court, 410 U.S.

484, 494-95, 500 (1973); see also Zadvydas v. Davis, 533 U.S. 678, 699 (2001).

1 Petitioner’s medical expert does contend that the treatment may not have been sufficient, or that

the jail’s medical staff may not have done enough diagnostic work on Petitioner during these sick

visits. (Document 8 attached to ECF No. 9 at 4). The expert makes these inferences, however,

largely based on what is not stated in the brief notes contained in Petitioner’s medical records, and

his assumption that Petitioner’s vital signs were not checked because it is not explicitly noted in

Petitioner’s chart, as well as the expert’s unfamiliarity with a term used by jail medical staff. (Id.).

The record of this matter is at best unclear whether Petitioner’s expert’s inferences are accurate.

B. Analysis

In his habeas petition and briefing in this matter, Petitioner argues that he should be

released from prison because he has been subjected to punitive conditions of confinement and has

received insufficient medical care in light of his medical history and the threat posed by the

COVID-19 epidemic. As this Court recently explained, assuming the COVID-19 pandemic is a

sufficiently severe circumstance that would warrant permitting a habeas claim based upon

Petitioner’s conditions of confinement, claims such as Petitioner’s

could be construed in two fashions – as a claim asserting that the jail

has been deliberately indifferent to Petitioner’s medical needs, or as

a claim asserting that the conditions under which he is detained

amount to an unconstitutional application of punishment without a

supporting conviction in violation of the Due Process Clause. As

there is no clear guidance from the Courts of Appeals or Supreme

Court on how to adjudicate such claims in light of an ongoing

pandemic, many courts have found that insufficient jail action in

light of the virus can serve as a basis for release under [the

circumstances], see, e.g,, Rafael L.O. v. Decker, No. 20-3481, 2020

WL 1808843 (D.N.J. Apr. 9, 2020); Cristian A.R. v. Thomas

Decker, et al., No. 20-3600 (D.N.J. Apr. 12, 2020); Basank v.

Decker, No. 20-2518, 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020);

Castillo v. Barr, No. 20-00605, 2020 WL 1502864 (C.D. Cal. Mar.

27, 2020); Thakker v. Doll, No. 20-480, 2020 WL 1671563 (M.D.

Pa. Mar. 31, 2020); Malam v. Adducci, No. 20-10829, 2020 WL

1672662 (E.D. Mich. Apr. 5, 2020); while many others have found

that, where the jail takes adequate precautions in light of a given

petitioner’s medical history, no such relief is warranted. See, e.g.,

Dawson v. Asher, No. 20-409, 2020 WL 1304557 (W.D. Wa. Mar.

19, 2020) (rejecting TRO request because detainees could not

succeed on merits of request for relief without at least showing

concrete likelihood of actual injury as opposed to mere speculation

in light of the legitimate governmental interest in detaining aliens

throughout removal proceedings); Sacal-Micha v. Longoria, No.

20-37, 2020 WL 1518861 (S.D. Tex. Mar. 27, 2020) (rejecting

habeas TRO based on medical conditions of confinement claim as

that claim normally must be brought under § 1983, and in any event

such a claim is not likely to succeed in the absence of a showing of

deliberate indifference to the detainees medical needs); Lopez v.

Lowe, No. 20-563, 2020 WL 1689874 (M.D. Pa. Apr. 7, 2020)

(denying request for TRO by habeas petitioner as he could not

establish deliberate indifference to his medical needs).

Turning first to the issue of Petitioner’s medical needs, for

an immigration detainee to make out a claim for relief based on a

jail official’s insufficient treatment or deliberate indifference to his

medical needs under the Due Process Clause, he must show both

that he is subject to a sufficiently serious medical need, and that jail

officials have been deliberately indifferent to that need. See, e.g.,

Natale v. Camden Cnty. Corr. Facility, 318 F.3d 575, 581-82 (3d

Cir. 2003); Parkell v. Morgan, 682 F. App’x 155, 159-60 (3d Cir.

2017); King v. Cnty. of Gloucester, 302 F. App’x 92, 96 (3d Cir.

2008). Even assuming that [the threat of] COVID-19 in and of itself

is a sufficiently serious need, or that Petitioner’s [asthma] is

sufficiently serious to oblige the jail to take action to alleviate the

risk presented by the virus, success on such a claim would still

require Petitioner to show that officials at the jail were deliberately

indifferent to that need – i.e. that Respondents “kn[e]w of and

disregard[ed] an excessive risk to inmate health or safety.” Natale,

318 F.3d at 582 (quoting Farmer v. Brennan, 511 U.S. 825, 837

(1994)). This requires that the [respondent] was “both [] aware of

facts from which the inference could be drawn that a substantial risk

of serious harm exists and . . . dr[e]w th[at] inference.” Id. Where

some treatment or proscriptive action designed to alleviate the

medical need has been provided and the dispute is over the adequacy

of the treatment or preventative steps taken, federal courts “are

generally reluctant to second guess medical judgments and to

constitutionalize claims which sound in state tort law.’” Everett v.

Nort, 547 F. App’x 117, 121 (3d Cir. 2013) (quoting United States

ex rel. Walker v. Fayette Cnty., 599 F.2d 573, 575 n. 2 (3d Cir.

1979)). Neither a detainee’s subjective dissatisfaction or

disagreement with the professional judgment of medical staff as to

how best to deal with a medical issue are normally sufficient to

establish deliberate indifference. Hairston v. Director Bureau of

Prisons, 563 F. App’x 893, 895 (3d Cir. 2014); White v. Napolean,

897 F.2d 103, 110 (3d Cir. 1990); Andrews v. Camden Cnty., 95 F.

Supp. 2d 217, 228 (D.N.J. 2000).

. . . .

. . . A claim challenging conditions [of confinement] under

the Due Process Clause [under the theory that those conditions

amount to punishment in the absence of a supporting conviction in

turn] has both a subjective and objective component – the objective

component requiring a showing that the deprivation involved in the

conditions was sufficiently serious, and the subjective component

requiring that jail officials act with a sufficiently culpable mind.

[Stevenson v. Carroll, 495 F.3d 62, 68 (3d Cir. 2007) (citing Bell v.

Wolfish, 441 U.S. 520, 535-36 (1979))]. The subjective component

can be established by showing an express intent to punish; or by

showing that the conditions in question were arbitrary, purposeless,

or excessive in relation to the ascribed governmental objective. Id.

Conditions which are reasonably related to a legitimate government

interest and which are not excessive in relationship to that interest

will therefore not support a claim in the absence of a showing of an

express intent to punish. Id. at 67-69. . . . [I]mmigration detention

is clearly reasonably related to a legitimate government interest –

the Government’s interest in securing those subject to removal

proceedings pending the conclusion of those proceedings in order to

ensure they do not abscond and that they attend those proceedings

while also ensuring they are not a danger to the community in the

meantime. See, Dawson, 2020 WL 1304557 at *2; see also

Jennings, 138 S. Ct. at 836; Demore v. Kim, 538 U.S. 510, 523

(2003); Zadvydas, 533 U.S. at 690-91.

Jorge V.S. v. Green, No. 20-3675, 2020 WL 1921936, at *2-4 (D.N.J. Apr. 21, 2020).

In this matter, Petitioner is detained pursuant to the Government’s mandatory detention

authority pursuant to 8 U.S.C. § 1226(c), which applies to aliens such as Petitioner who have

qualifying convictions. As the Supreme Court has held, mandatory detention under § 1226(c)

“serves the purpose of preventing deportable criminal aliens from fleeing prior to or during their

removal proceedings,” an interest that the Court went to considerable lengths was compelling and

a more than adequate basis for mandatory detention throughout the pendency of those proceedings.

See Demore, 538 U.S. at 518-28. Both the Third Circuit and this Court have further recognized

that the statute further serves the purpose of ensuring that criminal aliens do not present a danger

to the community while they are in removal proceedings. See, e.g., Chavez-Alvarez v. Warden

York County Prison, 783 F.3d 469 (3d Cir. 2015); Dryden v. Green, 321 F. Supp. 3d 496, 502

(D.N.J. 2018). Indeed, these interests are so compelling that this Court has recognized that the

statute will ordinarily support continued detention without so much as a bond hearing for well over

a year. Id. There is thus no question that detention under the statute both serves a legitimate

government interest.

Turning to the conditions of confinement, it is clear that the jail in which Petitioner is

detained has taken numerous concrete steps to alleviate and mitigate the risk COVID-19 presents

to its inmate population. The jail has increased the availability of medical staff; insured nurses,

practitioners, and doctors are always either on hand or on call at all times; limited or eliminated

entrance into the facility of outside vendors, volunteers, and visitors; has required medical

screenings for all incoming detainees and staff members including temperature checks upon

arrival; begun the daily monitoring and separate housing of those detainees who suffer from health

conditions putting them at high risk under CDC guidelines; established a quarantine area for those

who become infected; increased supplies on site including cleaning supplies and COVID-19

testing kits; increased cleaning staff and has begun sanitizing and cleaning housing units “no less

than three times per day;” provided “unlimited” soap and water access for all detainees and

provided disinfectant spray upon request under the supervision of jail staff; begun placing new

arrivals in quarantine for fourteen days before placing them in general population; provided masks,

gloves, and full protective equipment to jail staff; and has begun rolling out “rapid COVID-19

testing for its entire population” to support the jail’s quarantine and containment strategy.

(Document 5 attached to ECF No. 7 at 1-14). The jail has also put into place policies for handling

infected inmates including immediate medical evaluations for those showing symptoms, providing

daily sick calls to detainees, providing surgical masks to those with signs or symptoms of

respiratory illness, full testing at University Hospital for any detainee who shows moderate to

severe symptoms, the quarantining of those who show even mild symptoms, and the isolation of

detainees who have tested positive for the virus. (Id. at 8-10). Where warranted, antiviral

medications are provided, and regardless of the need for medications, those who test positive or

show even mild symptoms are quarantined for fourteen days in single occupancy cells “to ensure

social distancing.” (Id. at 9-10). All of these measures taken to limit or alleviate the effects of

COVID-19 on the jail population clearly show that the conditions to which Petitioner has been

subjected are not excessive in relation to the Government’s interest in detaining criminal aliens,

and that the conditions under which Petitioner has been confined are instead rationally related to a

legitimate government interest and therefore pass constitutional muster. As Petitioner has not

otherwise shown any express intent to punish him, Petitioner’s conditions of confinement claim

thus fails.

Petitioner’s claim fairs no better when treated as a direct medical claim. Both the concrete

steps outlined above and the specific treatment and medication Petitioner has received indicate

that the jail staff have not been deliberately indifferent to his needs, but have instead taken steps

to protect him and have treated his medical issues when he has brought them to the attention of the

medical staff. The disagreement with the treatment he received expressed by Petitioner’s medical

expert is insufficient to raise Petitioner’s dispute to the level of a constitutional violation, White v.

Napolean, 897 F.2d at 110, and is patently insufficient to warrant the extreme form of relief

Petitioner requests in light of Petitioner’s criminal history, the treatment Petitioner has received,

and the concrete steps the jail has taken to protect Petitioner. V.S., 2020 WL 1921936 at *3 (“That

these steps do not guarantee Petitioner will remain healthy and free of the disease is immaterial,

the constitution requires no such perfection.”); see also Sacal-Micha; 2020 WL 1518861 at *6.

As this Court finds that Petitioner has neither shown that jail staff have been deliberately

indifferent to his medical needs, nor that he has been subjected to unconstitutional conditions of

confinement, Petitioner’s habeas petition is denied, and Petitioner’s motion seeking a temporary

restraining order is denied as moot in light of the denial of this matter.

III. CONCLUSION

For the reasons expressed above, Petitioner’s habeas petition (ECF No. 1) is DENIED

WITHOUT PREJUDICE and his motion seeking a temporary restraining order (ECF No. 3) is

DENIED as moot in light of the denial of his habeas petition. An appropriate order follows.

Dated: May 7, 2020 s/Susan D. Wigenton

Hon. Susan D. Wigenton,

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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