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Keywords

contractplaintiffinjunctionmotionleasedue process
contractinjunctionmotionlease

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Essien v. Barr

Facts

Essien is a Nigerian citizen who has been in the United States without lawful status since November 1996. He was convicted in 2009 for racketeering, forgery, and theft, serving a 24-year sentence before being detained by ICE in 2019. He claims to have medical conditions that increase his risk of severe illness from COVID-19, and he fears that he cannot protect himself from infection in the detention facility, which has had employees test positive for the virus.

Essien is a Nigerian citizen who has not had lawful status in the United States since November 1996. He was convicted in July 2009 in Colorado state court of racketeering, forgery, and theft, and sentenced to twenty-four years' imprisonment.

Issue

Whether Essien's continued detention in the Aurora Contract Detention Facility during the COVID-19 pandemic constitutes a violation of his constitutional rights given his medical vulnerabilities.

Whether Essien's continued detention in the Aurora Contract Detention Facility during the COVID-19 pandemic constitutes a violation of his constitutional rights given his medical vulnerabilities.

Rule

A preliminary injunction requires the plaintiff to demonstrate a likelihood of success on the merits, irreparable harm, a balance of equities in their favor, and that the injunction is in the public interest.

A preliminary injunction is an extraordinary remedy; accordingly, the right to relief must be clear and unequivocal.

Analysis

The court determined that Essien's medical conditions made him particularly vulnerable to COVID-19, and that the conditions at the Facility posed a significant risk of infection. The court found that the likelihood of success on the merits was strong, as the detention could be deemed punitive under the Fifth Amendment's Due Process Clause. The court also noted that the severe potential consequences of COVID-19 constituted irreparable harm.

The court determined that Essien's medical conditions made him particularly vulnerable to COVID-19, and that the conditions at the Facility posed a significant risk of infection.

Conclusion

The court granted Essien's motion for a preliminary injunction, allowing him to be released from the detention facility and placed under home detention.

The court granted Essien's motion for a preliminary injunction, allowing him to be released from the detention facility and placed under home detention.

Who won?

Uto Thomas Essien prevailed in the case because the court recognized the significant health risks posed by his continued detention during the COVID-19 pandemic and found that his constitutional rights were at stake.

Uto Thomas Essien prevailed in the case because the court recognized the significant health risks posed by his continued detention during the COVID-19 pandemic and found that his constitutional rights were at stake.

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