Opinion

PAUL v. TSOUKARIS

Court
District Court, D. New Jersey
Filed
Dec 9, 2020
Cited by
0 cases
Authority
More cited than 25.3%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

TEAJNAUTH P., Civil Action No. 20-12369 (SDW)

Petitioner,

v. OPINION

JOHN TSOUKARIS, et al.,

Respondents.

WIGENTON, District Judge:

Presently before the Court are the petition for a writ of habeas corpus (ECF No. 1) and

motion seeking a temporary restraining order (ECF No. 6) filed by Petitioner, Teajnauth P. Also

before the Court is Petitioner’s motion seeking to seal the medical records filed in this matter.

(ECF No. 9). Following an order to answer, the Government filed an answer to Petitioner’s habeas

petition (ECF No. 11), to which Petitioner replied. (ECF No. 12). For the following reasons,

Petitioner’s habeas petition is denied, Petitioner’s motion seeking a temporary restraining order is

dismissed without prejudice as moot, and Petitioner’s motion to seal his medical records is granted.

I. BACKGROUND

Petitioner is a native and citizen of Guyana who initially entered the United States in

January 2017 as a nonimmigrant visitor. (Document 7 attached to ECF No. 11 at 3). Petitioner

illegally remained in the United States after his visitor visa expired, however. (Id.). During his

time in this country, Petitioner was arrested several times, resulting in convictions for burglary and

criminal trespass in 2018. (Documents 9, 11 attached to ECF No. 11). Following the conclusion

of his most recent criminal proceedings, Petitioner was taken into immigration custody in

September 2019 pursuant to 8 U.S.C. § 1226(a) and placed into removal proceedings based upon

his having overstayed his visitor visa. (Document 7 attached to ECF No. 11). Petitioner has

remained detained since that time. On January 28, 2020, an immigration judge ordered Petitioner

removed to Guyana and denied Petitioner’s applications for relief from removal. (Document 13

attached to ECF No. 11). Although Petitioner initially expressed a desire not to appeal the order

and to proceed with his removal (see Document 14 attached to ECF No. 11), Petitioner ultimately

appealed that order to the Board of Immigration Appeals. That appeal was dismissed by the BIA

on June 30, 2020. (Document 15 attached to ECF No. 11). Petitioner is therefore subject to an

administratively final order of removal and is currently detained pursuant to 8 U.S.C. § 1231(a).

Upon his arrival at the Essex County Correctional Facility in September 2019, Petitioner

was provided with a medical intake screening, during which he raised no significant medical

issues. (ECF No. 2 at 4-8). Petitioner was given a chest x-ray shortly thereafter, which indicated

no issues or signs of tuberculosis. (Id. at 13). Petitioner also received an initial mental health

evaluation, which indicated no need for further treatment. (Id. at 14). On September 17, 2019,

Petitioner reported to the medical department claiming both head pain related to an injury suffered

several years earlier and arm pain relating to an unsuccessful arm surgery in 2013. (Id. at 15-18).

Petitioner was provided pain medication and referred to an orthopedist for further evaluations.

(Id.). On September 20, he reported further pains and spitting up blood related to congestion.

(Id.at 20-23). Petitioner received a medical evaluation, after which he was provided a nasal

solution and antihistamines for his congestion, and different pain medications for his arm issue.

(Id. at 20-24). On September 25, Petitioner reported “throwing up blood,” which resulted in

another medical evaluation and diagnostic testing, as well as Petitioner being provided omeprazole

and Tylenol. (Id. at 25-33). Because of the results of this initial testing, Petitioner was thereafter

tested for hepatitis and his Tylenol was discontinued. (Id. at 35-38). The tests did not clearly

indicate hepatitis but did indicate that Petitioner had elevated liver enzymes. (Id. at 35-40). Over

the course of the following month, medical staff continued to monitor Petitioner’s liver issues and

provided him with both pain medication and skin cream for a rash Petitioner contracted, and his

medications were adjusted as needed. (Id. at 40-68).

In late November 2019, Petitioner reported having pain and a burning in his chest, which

he believed was related to cholesterol. (Id. at 68). Petitioner was given dietary advice and a lipid

panel was ordered to test for cholesterol and related issues. (Id. at 70). Petitioner also received an

EKG, with medical staff ultimately concluding that his pain was muscular in nature. (Id. at 70-

80). Petitioner was referred to an orthopedist for both his arm and chest pain. (Id.at 80-83). The

orthopedist found “no clear etiology” related to Petitioner’s shoulder and arm pain, but referred

Petitioner for a second opinion. (Id. at 83). Following Petitioner’s lipid panel, he was diagnosed

with hypertriglyceridemia and provided medication for that issue. (Id. at 86). In early January

2020, Petitioner was taken to the medical department after he was in an altercation with another

detainee, at which time Petitioner complained of chest and stomach pain after being punched. He

was provided pain medication as well as Benadryl for an unrelated issue. (Id. at 91-92). Petitioner

thereafter continued to complain of arm pain in January and February 2020, for which he was

provided pain medication. (Id. at 100-04). Medical staff also continued to monitor Petitioner’s

lipid panel during this time. (Id. at 106-07). When petitioner complained of further pain as well

as trembling in early March, he was provided medication, some of which he declined, and

underwent thyroid testing. (Id. at 108-13). In late March, Petitioner again reported chest pain, and

was diagnosed with GERD, for which he was provided medication. (Id. at 118-20).

On April 1, Petitioner was given a neurology consult to address his repeated arm pain

complaints. (Id. at 121). The neurologist concluded that Petitioner’s pain was likely related to

radial nerve palsy, and recommended reconstructive surgery. (Id. at 121). Petitioner was to

receive an orthopedic consult on this issue in April 2020, but due to the COVID-19 pandemic,

Petitioner’s consult was delayed. (Id. at 134). Although medical staff continued to monitor

Petitioner’s arm and lipid issues and adjusted his medication, Petitioner often missed or declined

certain pain medications he was provided, either because he disliked their side effects or slept

through the time period during which medications were provided by nursing staff. (Id. at 144).

Following further testing in June 2020, Petitioner was found to be pre-diabetic, and his lipid

medications were adjusted to reflect this. (Id. at 144). In late June and early July, Petitioner

received referrals and evaluations from medical staff and a neurology follow-up for his arm pain

issue, but was unable to be seen at the hospital as the hospital’s neurology clinics declined to

receive new patients for non-emergency issues. (Id. at 144-156). Petitioner’s conditions continued

to be monitored and Petitioner continued to receive medication throughout July and August 2020.

(ECF No. 3). Petitioner also tested positive for antibodies indicating that he may have contracted

asymptomatically, recovered from, and become immune to COVID-19, on July 20, 2020. (Id. at

20). Petitioner received a chest x-ray in late July which indicated no issues of note following

further complaints of chest pain. (Id. at 13).

In support of his habeas petition, Petitioner has submitted a proposed expert report prepared

by Dr. Kate Sugarman. Although Dr. Sugarman has not treated Petitioner, she has reviewed his

records. According to Dr. Sugarman, although Petitioner has no active tuberculosis infection, he

has previously been exposed to the bacteria which causes such infections, and could later develop

TB. (Document 7 attached to ECF No. 1 at 5). Dr. Sugarman also notes that in August 2020,

Petitioner was diagnosed with asthma and provided an inhaler. (Id. at 4-5). She also notes that

Petitioner has a history of smoking, and has liver and pre-diabetic issues, both of which could

potentially lead to Petitioner developing issues such as diabetes which are noted COVID-19 risk

factors. (Id. at 5-7). Based on her review of Petitioner’s records, Dr. Sugarman opines that she

believes that Petitioner is at “high risk of dangerous complications” were he to contract COVID-

19.1 (Id. at 8).

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 Dr. Sugarman also suggests, based on Petitioner’s jail medical records, that he may have

untreated health issues, such as his complaints related to spitting up blood or having chest pain.

(Id. at 7-8). Having reviewed those same records, Dr. Sugarman’s suggestion appears to be little

more than an uncharitable reading of Petitioner’s medical records – Petitioner was seen by medical

staff and evaluated in the instances the doctor notes, and Petitioner’s records appear to indicate

that Petitioner was indeed treated, albeit for the issues medical staff actually found – such as acid

reflux, muscle pain, or nasal congestion – rather than the apparently hyperbolic symptoms

Petitioner initially reported.

B. Analysis

In his habeas petition, Petitioner argues that his current period of immigration detention

has become unconstitutional either because the conditions under which he is currently confined

are unduly punitive without a supporting conviction in light of COVID-19, or because the

treatment he has received at the facility in which he is detained, when viewed in light of the

ongoing COVID-19 situation and Petitioner’s pre-existing health issues, amounts to deliberate

indifference to his medical needs on the part of the Government. In its recent decision in Hope v.

Warden York County Prison, 972 F.3d 310 (3d Cir. 2020), the Third Circuit has reiterated the

standards to be applied to both of these claims. As the Court of Appeals explained in Hope, in

evaluating whether an alien’s conditions of confinement amount to undue punishment, “[t]he

touchstone for the constitutionality of detention is whether conditions of confinement are meant to

punish.” Id. at 325-27. In the absence of a showing that the detention facility’s staff acted with

an express intent to punish the petitioner, determining whether conditions amount to

unconstitutional punishment requires that the district court “consider the totality of the

circumstances of confinement, including any genuine privations or hardship over an extended

period of time, and whether conditions are (1) rationally related to their legitimate purpose or (2)

excessive in relation to that purpose.” Id. In reviewing the conditions and actions of detention

officials and their relation to the Government’s legitimate interest in detaining aliens awaiting

removal, reviewing courts “must acknowledge that practical considerations of detention justify

limitations on many privileges and rights,” and “ordinarily defer” to the expertise of prison

officials in responding to COVID-19 unless there is “substantial evidence in the record that the

officials have exaggerated their response” to the situation. Id. Given the Government’s strong

interest in detaining aliens subject to removal orders and the deference due to the expertise of

detention officials, the Third Circuit in Hope rejected the argument that detention during the

COVID-19 pandemic would amount to unconstitutional punishment where the facility in which

the petitioner is housed had taken concrete steps aimed at mitigating the threat posed to detainees,

notwithstanding serious pre-existing health conditions which may render those detainees likely to

suffer serious complications should they contract the virus. Id. 327-29.

Turning to deliberate indifference medical claims, the Third Circuit reaffirmed that “[t]o

establish deliberate indifference, [the petitioner] must show the Government knew of and

disregarded an excessive risk to their health and safety.” Id. at 329 (citing Nicini v. Morra, 212

F.3d 798, 811 (3d Cir. 2000). The Court of Appeals further held that “[t]he context of the

Government’s conduct is essential to determine whether it shows the requisite deliberate

indifference,” and that, in evaluating this context, a reviewing court must defer to the expertise of

both medical officials and jail administrators and not assume a constitutional defect where concrete

action has been taken in response to the COVID-19 pandemic as “rules of due process are not

subject to mechanical application in unfamiliar territory.” Id. at 329-30 (quoting County of

Sacramento v. Lewis, 523 U.S. 833, 850 (1998)). Thus, where the Government has taken concrete

steps towards ameliorating the medical effects of COVID-19 on a detention facility, a detainee

will fall “well short of establishing that the Government was deliberately indifferent toward [his]

medical needs” in light of the virus even though the Government cannot entirely “eliminate all

risk” of contracting COVID, notwithstanding any serious pre-existing medical conditions suffered

by the petitioner which may exacerbate a COVID-19 infection. Id. at 330-31.

Given Petitioner’s administratively final order of removal, it is clear that the Government

has a strong and legitimate interest in detaining him. As Petitioner has not shown an express intent

to punish him on the part of the staff of the facility in which he is detained, to succeed on his

conditions of confinement claim he must show that his conditions are arbitrary, purposeless, or

excessive and therefore unreasonable in light of the Government’s interest in detaining him. Hope,

972 F.3d at 325-29; see also Stevenson v. Carroll, 495 F.3d 62, 67-68 (3d Cir. 2007). Having

reviewed the considerable steps the facility has taken to alleviate the threat COVID-19 poses to

detainees such as Petitioner, which are significantly more protective of detainees than those at

issue in Hope, this Court finds that Petitioner has failed to make such a showing. The steps which

the Essex County facility has taken to alleviate the threat to vulnerable detainees such as Petitioner

include operating at less than full capacity, ensuring there are on site or on call doctors and nursing

staff at all times, performing intake screenings for all incoming detainees including COVID-19

testing, housing newly arrived detainees in a separate unit, quarantining infected detainees in single

occupancy cells and providing treatment including hospitalization where warranted, the cohorting

of those who have been exposed to infected individuals but have not shown symptoms of COVID-

19 for fourteen days, increased cleaning and sanitization, and the provision of masks and unlimited

soap and cleanser access to detainees. (See Document 5 attached to ECF No. 11). Taken together,

these actions clearly indicate that the facility has made significant strides towards mitigating the

threat of COVID-19, and that Petitioner’s conditions of confinement are rationally related to the

Government’s interest in detaining him. Petitioner is therefore not entitled to relief on his

conditions of confinement claim. Hope, 972 F.3d at 325-29.

Petitioner is likewise not entitled to relief on his medical claim in light of the specific

medical treatment he has received while detained and the concrete steps the facility has taken to

protect Petitioner and those like him from COVID-19. Petitioner’s medical records clearly

indicate that jail medical staff responded to and treated the issues brought to their attention, and

provided continual monitoring of Petitioner’s more severe issues – such as his lipid issues, liver

enzymes, and nerve pain. Although Petitioner’s potential arm surgery was delayed, this delay

appears to be the result of the unavailability of surgery due to the ongoing COVID-19 pandemic

rather than any deliberate indifference on the part of jail staff. As it is clear that Petitioner’s

medical issues have been treated and monitored by jail staff, as nothing Petitioner has provided

indicates deliberate indifference on the part of medical staff to the issues he has brought to their

attention, and as the jail has taken substantial steps towards alleviating the threat of COVID-19,

Petitioner has failed to show an entitlement to habeas relief and his habeas petition must therefore

be denied. Hope, 972 F.3d at 330-31. As Petitioner’s habeas petition shall be denied, Petitioner’s

motion seeking a temporary restraining order shall be dismissed without prejudice as moot. In

light of Petitioner’s privacy interests and the general limited access restrictions placed on

immigration cases, Petitioner’s motion to have his medical records sealed will be granted.

III. CONCLUSION

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

WITHOUT PREJUDICE, Petitioner’s motion seeking a temporary restraining order (ECF No.

6) is DISMISSED WITHOUT PREJUDICE as moot, and Petitioner’s motion seeking to seal

his medical records (ECF No. 9) is GRANTED. An appropriate order follows.

Dated: December 9, 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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