Case: Hope v. Doll

1:20-cv-00562 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: April 3, 2020

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Case Summary

On April 3, 2020, a group of 22 medically vulnerable plaintiffs in civil detention facing potential deportation filed a hybrid putative class action and habeas corpus proceeding in the United States District Court for the Middle District of Pennsylvania asking for release in light of the COVID-19 pandemic. Represented by the ACLU of Pennsylvania and private counsel, the plaintiffs asked for a temporary restraining order against the detention centers and their wardens, U.S. Immigration and Custo…

The plaintiffs based their request to the court on the defendants’ alleged failures to adequately protect high-risk detainees from contracting COVID-19. Since March 31, 2020, the plaintiffs claimed that conditions at the facilities had deteriorated, with cramped, overcrowded facilities prohibiting social distancing; increasing numbers of positive COVID-19 test results; and the rising necessity of quarantining. The plaintiffs relied on the similarities between this case and Thakker v. Doll, where the same district court found that ICE detention centers could not provide adequately safe conditions for the detainees and ordered the release of a number of detainees.

On April 7, 2020, District Judge John E. Jones III issued a temporary restraining order and granted the immediate release of the 22 plaintiffs. Noting that each plaintiff suffered from chronic medical conditions and faced an imminent risk of death or serious injury if exposed to COVID-19, Judge Jones found ICE was not doing enough to protect the plaintiffs, who would face irreparable harm if they contracted COVID-19. On April 10, the court denied the defendants’ application to stay all proceedings pending appeal.

The defendants appealed the lower court's decision to the Third Circuit. The Third Circuit vacated and remanded the decision on August 25, 2020, finding that:

the detainees were not entitled to ex parte relief, as the order was issued without affording the government the opportunity to be heard;
the order mandating release was impermissibly indefinite and indeterminate, in violation of the rule governing restraining orders and injunctions;
the detainees’ claim for immediate release based on unconstitutional conditions of confinement was cognizable in habeas;
the detainees failed to show a substantial likelihood of success on the merits of their claim that the conditions of confinement violated due process;
the detainees failed to show a substantial likelihood of success on their claim that the government was deliberately indifferent to their serious medical needs;
the district court was required to make individualized findings as to whether each detainee would suffer irreparable harm absent an injunction;
the district court was required to make particularized findings regarding the balancing of harms and public interest; and
the district court erred in fashioning a preliminary injunction mandating immediate release.

972 F.3d 310.

In December of 2020, the case was referred to Magistrate Judge Martin C. Carlson, who issued a report and recommendation that the petition be dismissed as moot since ICE no longer planned to house the plaintiffs at the same facilities and many had moved away. Judge Carlson pointed out that in a traditional habeas case challenging the fact or duration of confinement, release itself may not be enough to determine mootness. However, in this case the challenge was to prison conditions, where case law supported mootness. Judge Carlson listed four degrees of separation between the case and a live controversy. First, the plaintiffs would have to be returned to custody. Second, the plaintiffs would have to be at specific facilities within the court’s jurisdiction so the court could assess any fact-specific conditions of confinement claims the plaintiffs may bring. Third, any new claims would have to be evaluated taking into account the Third Circuit’s ruling. Fourth, the evaluation would have to take into account the present conditions of the facilities.

In August 2021, the case was reassigned to Judge Jennifer P. Wilson. On July 25, 2022, Judge Wilson adopted Judge Carlson’s report and recommendation, overruling the plaintiffs' objections. Judge Wilson denied the plaintiffs' writ of habeas corpus and directed the clerk to close the case. 2022 WL 2918897.


1 1:20-cv-00562	Verified Petition for Writ of Habeas Corpus and Complaint for Emergency Injunctive Relief	April 3, 2020	April 3, 2020 Complaint
11 1:20-cv-00562	Memorandum and Order	April 7, 2020	April 7, 2020 Order/Opinion 2020 WL 5035725
15 1:20-cv-00562	Petitioners' Opposition and Response to Respondents' Motion to Reconsider the Temporary Restraining Order	April 8, 2020	April 8, 2020 Pleading / Motion / Brief
22 1:20-cv-00562	Order	April 10, 2020	April 10, 2020 Order/Opinion
1:20-cv-00562	Correspondence	April 13, 2020	April 13, 2020 Correspondence
15-1 20-01784 1:20-cv-00562	Opposition to Appellants' Motion to Stay U.S. Court of Appeals for the Third Circuit	April 15, 2020	April 15, 2020 Pleading / Motion / Brief
20-01784	Opinion of the Court Hope v. Warden York County Prison U.S. Court of Appeals for the Third Circuit	Aug. 25, 2020	Aug. 25, 2020 Order/Opinion 972 F.3d 310
1:20-cv-00562	Report and Recommendation	Feb. 1, 2021	Feb. 1, 2021 Magistrate Report/Recommendation 2021 WL 9161517
106 1:20-cv-00562	Order	July 25, 2022	July 25, 2022 Order/Opinion 2022 WL 2918897

ECF Number	Date	Description	Link
1	April 3, 2020	PETITION FOR INJUNCTION for Writ of Habeas Corpus ( Filing fee $5, Receipt Number 0314-5055240), filed by Coswin Ricardo Murray, Iwan Rahardja Jesus De La Pena, Jesus Angel Juarez Pantoja, Eldon Bernard Briette, Aaron Hope, Rakibu Adam Duc Viet Lam, Marcos Javier Ortiz Matos, Ismail Muhammed, Dembo Sannoh, Alexander Alvarenga Armando Avecilla, Alger Francois, Wilders Paul, Brisio Balderas-Dominguez, Edwin Luis Crisostomo Rodriguez, Viviana Ceballos, Yelena Mukhina Nahom Gebretnisae, Glenn Weithers Konstantin Bugarenko. (Attachments: # 1 Civil Cover Sheet)(mfa) (Entered: 04/03/2020) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	April 3, 2020	DECLARATION of Witold J. Walczak. (mfa) (Entered: 04/03/2020)	RECAP
3	April 3, 2020	EXHIBITS filed by Rakibu Adam Duc Viet Lam, Alexander Alvarenga Armando Avecilla, Jesus Angel Juarez Pantoja, Brisio Balderas-Dominguez, Eldon Bernard Briette, Viviana Ceballos, Alger Francois, Aaron Hope, Marcos Javier Ortiz Matos, Edwin Luis Crisostomo Rodriguez, Ismail Muhammed, Yelena Mukhina Nahom Gebretnisae, Wilders Paul, Iwan Rahardja Jesus De La Pena, Coswin Ricardo Murray, Dembo Sannoh, Glenn Weithers Konstantin Bugarenko re 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit 1-A, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26)(mfa) (Entered: 04/03/2020) 1 Exhibit 1-A View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER 15 Exhibit 15 View on PACER 16 Exhibit 16 View on PACER 17 Exhibit 17 View on PACER 18 Exhibit 18 View on PACER 19 Exhibit 19 View on PACER 20 Exhibit 20 View on PACER 21 Exhibit 21 View on PACER 22 Exhibit 22 View on PACER 23 Exhibit 23 View on PACER 24 Exhibit 24 View on PACER 25 Exhibit 25 View on PACER 26 Exhibit 26 View on PACER	RECAP
4	April 3, 2020	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Muneeba S Talukder on behalf of All Plaintiffs Attorney Muneeba Talukder is seeking special admission. Filing fee $ 50, receipt number 0314-5055652.. (Talukder, Muneeba) (Entered: 04/03/2020)	RECAP
5	April 3, 2020	MOTION for Temporary Restraining Order by Rakibu Adam Duc Viet Lam, Alexander Alvarenga Armando Avecilla, Jesus Angel Juarez Pantoja, Brisio Balderas-Dominguez, Eldon Bernard Briette, Viviana Ceballos, Alger Francois, Aaron Hope, Marcos Javier Ortiz Matos, Edwin Luis Crisostomo Rodriguez, Ismail Muhammed, Yelena Mukhina Nahom Gebretnisae, Wilders Paul, Iwan Rahardja Jesus De La Pena, Coswin Ricardo Murray, Dembo Sannoh, Glenn Weithers Konstantin Bugarenko. (Attachments: # 1 Proposed Order)(Sachse, Will) (Entered: 04/03/2020) 1 Proposed Order View on PACER	RECAP
6	April 3, 2020	BRIEF IN SUPPORT re 5 MOTION for Temporary Restraining Order filed by Rakibu Adam Duc Viet Lam, Alexander Alvarenga Armando Avecilla, Jesus Angel Juarez Pantoja, Brisio Balderas-Dominguez, Eldon Bernard Briette, Viviana Ceballos, Alger Francois, Aaron Hope, Marcos Javier Ortiz Matos, Edwin Luis Crisostomo Rodriguez, Ismail Muhammed, Yelena Mukhina Nahom Gebretnisae, Wilders Paul, Iwan Rahardja Jesus De La Pena, Coswin Ricardo Murray, Dembo Sannoh, Glenn Weithers Konstantin Bugarenko. (Attachments: # 1 Declaration, # 2 Exhibit(s) Ex. 1, # 3 Exhibit(s) Ex. 2, # 4 Exhibit(s) Ex. 3, # 5 Exhibit(s) Ex. 4, # 6 Exhibit(s) Ex. 5, # 7 Exhibit(s) Ex. 6, # 8 Exhibit(s) Ex. 7, # 9 Unpublished Opinion(s))(Sachse, Will) (Entered: 04/03/2020) 1 Declaration View on PACER 2 Exhibit(s) Ex. 1 View on PACER 3 Exhibit(s) Ex. 2 View on PACER 4 Exhibit(s) Ex. 3 View on PACER 5 Exhibit(s) Ex. 4 View on PACER 6 Exhibit(s) Ex. 5 View on PACER 7 Exhibit(s) Ex. 6 View on PACER 8 Exhibit(s) Ex. 7 View on PACER 9 Unpublished Opinion(s) View on PACER	RECAP
	April 6, 2020	DOCKET ANNOTATION: Petitioners, Carla Graff, Kelly Krellner, and Associate Counsel bar status verified. (pjr) (Entered: 04/06/2020)	PACER
	April 6, 2020	DOCKET ANNOTATION: Petitioner, Muneeba Talukder, and Associate Counsel bar status verified. (pjr) (Entered: 04/06/2020)	PACER
	April 6, 2020	DOCKET ANNOTATION: Petitioner, Muneebaa Talukder, and Associate Counsel bar status verified. (pjr) (Entered: 04/06/2020)	PACER
7	April 6, 2020	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kelly A Krellner on behalf of All Plaintiffs Attorney Kelly Krellner is seeking special admission. Filing fee $ 50, receipt number 0314-5056354.. (Krellner, Kelly) (Entered: 04/06/2020)	RECAP
8	April 6, 2020	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Carla G Graff on behalf of All Plaintiffs Attorney Carla G. Graff is seeking special admission. Filing fee $ 50, receipt number 0314-5056406.. (Graff, Carla) (Entered: 04/06/2020)	RECAP
9	April 6, 2020	SPECIAL ADMISSIONS FORM APPROVED as to Kelly Krellner.Signed by Honorable John E. Jones, III on 4/6/20. (rw) (Entered: 04/06/2020)	RECAP
10	April 6, 2020	SPECIAL ADMISSIONS FORM APPROVED as to Carla G. Graff.Signed by Honorable John E. Jones, III on 4/6/20. (rw) (Entered: 04/06/2020)	RECAP
	April 6, 2020	DOCKET ANNOTATION: Petitioner, Muneebaa Talukder, and Associate Counsel bar status verified. (pjr)
	April 6, 2020	DOCKET ANNOTATION: Petitioners, Carla Graff, Kelly Krellner, and Associate Counsel bar status verified. (pjr)
	April 6, 2020	Docket Annotation
	April 6, 2020	DOCKET ANNOTATION: Petitioner, Muneeba Talukder, and Associate Counsel bar status verified. (pjr)
11	April 7, 2020	ORDER 1. The Petitioners Motion for Temporary Restraining Order, (Doc. 5), is GRANTED.2. Respondents, and the York County Prison and Pike County Correctional Facility SHALL IMMEDIATELY RELEASE the Petitioners TODAY on their own recognizance.3. Petitioners will SELF-QUARANTINE in their respective homes for FOURTEEN (14) DAYS from the date of release.4. This TRO will expire on April 20, 2020 at 5:00 p.m.5. No later than noon on April 13, 2020, the Respondents shall SHOW CAUSE why the TRO should not be converted into a preliminary injunction.6. The Petitioners may file a response before the opening of business on April 16, 2020. (eo) (Entered: 04/07/2020)	Clearinghouse
12	April 7, 2020	MOTION for Reconsideration re 11 Order on Motion for TRO,, and to Stay TRO by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf. (Attachments: # 1 Declaration, # 2 Proposed Order)(Euliss, Richard) (Entered: 04/07/2020) 1 Declaration View on RECAP 2 Proposed Order View on PACER	RECAP
13	April 7, 2020	ORDER Upon consideration of Respondents Motion to Reconsider Temporary Restraining Order, it is HEREBY ORDERED the Motion is GRANTED. Execution of the Courts April 7, 2020 Order is STAYED pending further Order of Court. The Petitioners shall file a response to the Respondents' Motion by the close of business tomorrow, April 8, 2020. (eo) (Entered: 04/07/2020)	RECAP
14	April 8, 2020	SCHEDULING ORDER: Telephone Status Conference set for 4/9/2020 02:00 PM before Honorable John E. Jones III. See order for details and instructions (eo) (Entered: 04/08/2020)	RECAP
15	April 8, 2020	BRIEF IN OPPOSITION re 12 MOTION for Reconsideration re 11 Order on Motion for TRO,, and to Stay TRO filed by Rakibu Adam Duc Viet Lam, Alexander Alvarenga Armando Avecilla, Jesus Angel Juarez Pantoja, Brisio Balderas-Dominguez, Eldon Bernard Briette, Viviana Ceballos, Alger Francois, Aaron Hope, Marcos Javier Ortiz Matos, Edwin Luis Crisostomo Rodriguez, Ismail Muhammed, Yelena Mukhina Nahom Gebretnisae, Wilders Paul, Iwan Rahardja Jesus De La Pena, Coswin Ricardo Murray, Dembo Sannoh, Glenn Weithers Konstantin Bugarenko. (Attachments: # 1 Declaration, # 2 Exhibit(s) 27, # 3 Exhibit(s) 28, # 4 Exhibit(s) 29, # 5 Exhibit(s) 30, # 6 Exhibit(s) 31, # 7 Exhibit(s) 32, # 8 Exhibit(s) 33, # 9 Exhibit(s) 34, # 10 Exhibit(s) 35, # 11 Exhibit(s) 36, # 12 Exhibit(s) 37)(Stine, Vanessa) (Entered: 04/08/2020) 1 Declaration View on PACER 2 Exhibit(s) 27 View on PACER 3 Exhibit(s) 28 View on PACER 4 Exhibit(s) 29 View on PACER 5 Exhibit(s) 30 View on PACER 6 Exhibit(s) 31 View on PACER 7 Exhibit(s) 32 View on PACER 8 Exhibit(s) 33 View on PACER 9 Exhibit(s) 34 View on PACER 10 Exhibit(s) 35 View on PACER 11 Exhibit(s) 36 View on PACER 12 Exhibit(s) 37 View on PACER	Clearinghouse
16	April 8, 2020	RESPONSE TO PETITION FOR HABEAS CORPUS by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf. (Attachments: # 1 Exhibit(s), # 2 Unpublished Opinion(s))(Glasser, Harlan) (Entered: 04/08/2020)	RECAP
17	April 9, 2020	REPLY BRIEF re 12 MOTION for Reconsideration re 11 Order on Motion for TRO,, and to Stay TRO filed by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf.(Euliss, Richard) (Entered: 04/09/2020)	RECAP
19	April 9, 2020	NOTICE by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf re 16 Response to Petition for Habeas Corpus, of Supplemental Authority (Attachments: # 1 Exhibit(s) Verma Decision)(Euliss, Richard) (Entered: 04/09/2020) 1 Exhibit(s) Verma Decision View on PACER	RECAP
20	April 9, 2020	NOTICE by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf re 16 Response to Petition for Habeas Corpus, of Supplemental Authority (Attachments: # 1 Exhibit(s))(Euliss, Richard) (Entered: 04/09/2020) 1 Exhibit(s) View on PACER	RECAP
	April 10, 2020	Supplemental Record on Appeal transmitted to US Court of Appeals re 25 Order on Motion to Stay. Documents and Docket Sheet available through ECF. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (eo) (Entered: 04/10/2020)	PACER
21	April 10, 2020	AFFIDAVIT in Support re 12 MOTION for Reconsideration re 11 Order on Motion for TRO,, and to Stay TRO filed by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf. (Attachments: # 1 Declaration)(Glasser, Harlan) (Entered: 04/10/2020)	RECAP
22	April 10, 2020	ORDER - The Respondents Motion to Reconsider (Doc. 12) is DENIED. See order for all details. (eo) (Entered: 04/10/2020)	Clearinghouse
23	April 10, 2020	MOTION to Stay re 22 Order by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf. (Attachments: # 1 Proposed Order)(Euliss, Richard) (Entered: 04/10/2020)	RECAP
24	April 10, 2020	NOTICE OF APPEAL in Immigration Case as to 22 Order, 11 Order on Motion for TRO,, by Matthew Albence, Clair Doll, Simona Flores-Lund, Craig A. Lowe, Chad Wolf. Filing Fee and Docket Fee NOT PAID. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Euliss, Richard) (Entered: 04/10/2020)	RECAP
25	April 10, 2020	ORDER Respondents ex parte Application to Stay all Proceedings Pending Appeal Authorization (Doc. 23) is DENIED (eo) (Entered: 04/10/2020)	RECAP
	April 10, 2020	Supplemental ROA Transmitted to USCA
	April 10, 2020	Supplemental Record on Appeal transmitted to US Court of Appeals re 25 Order on Motion to Stay. Documents and Docket Sheet available through ECF. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (eo)
27	Aug. 25, 2020	JUDGMENT of USCA Vacating and Remanding Orders of the District Court as to 24 Notice of Appeal, filed by Clair Doll, Matthew Albence, Chad Wolf, Simona Flores-Lund, Craig A. Lowe. ( Caitlyn) (Entered: 08/25/2020)	RECAP
28	Nov. 4, 2020	REQUEST for Status Conference by Rakibu Adam Duc Viet Lam, Alexander Alvarenga Armando Avecilla, Jesus Angel Juarez Pantoja, Brisio Balderas-Dominguez, Eldon Bernard Briette, Viviana Ceballos, Alger Francois, Aaron Hope, Marcos Javier Ortiz Matos, Edwin Luis Crisostomo Rodriguez, Ismail Muhammed, Yelena Mukhina Nahom Gebretnisae, Wilders Paul, Iwan Rahardja Jesus De La Pena, Coswin Ricardo Murray, Dembo Sannoh, Glenn Weithers Konstantin Bugarenko. (Stine, Vanessa) (Entered: 11/04/2020)	RECAP
29	Nov. 4, 2020	SCHEDULING ORDER: Telephone Status Conference set for 11/12/2020 02:30 PM before Chief Judge John E. Jones III. See order for details. (eo) (Entered: 11/04/2020)	RECAP
30	Nov. 5, 2020	Unopposed MOTION to Amend/Correct Case Caption by Rakibu Adam Duc Viet Lam, Alexander Alvarenga Armando Avecilla, Jesus Angel Juarez Pantoja, Brisio Balderas-Dominguez, Eldon Bernard Briette, Viviana Ceballos, Alger Francois, Aaron Hope, Marcos Javier Ortiz Matos, Edwin Luis Crisostomo Rodriguez, Ismail Muhammed, Yelena Mukhina Nahom Gebretnisae, Wilders Paul, Iwan Rahardja Jesus De La Pena, Coswin Ricardo Murray, Dembo Sannoh, Glenn Weithers Konstantin Bugarenko. (Attachments: # 1 Proposed Order)(Stine, Vanessa) (Entered: 11/05/2020)	RECAP
31	Nov. 6, 2020	ORDER granting 30 Motion to Amend/Correct (eo) (Entered: 11/06/2020)	RECAP
32	Nov. 8, 2020	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Erika Nyborg-Burch on behalf of All Plaintiffs Attorney Erika Nyborg-Burch is seeking special admission. Filing fee $ 50, receipt number APAMDC-5333146.. (Nyborg-Burch, Erika) (Entered: 11/09/2020)	RECAP

Case: Hope v. Doll

1:20-cv-00562 | U.S. District Court for the Middle District of Pennsylvania

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