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Release Injunction for ICE Detainee Upheld: No Other Options Found  


Author:  Fred Cohen.


Source: Volume 22, Number 02, July/August 2020 , pp.23-24(2)




Correctional Mental Health Report

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Abstract: 

Malam v. Adducci, 2020 WL 1899570 (E. D. Mich.), is an opinion by a Federal District Court judge in a case involving a prospective release from ICE custody. There is a Temporary Restraining Order (TRO) in place requiring Malam’s immediate release from ICE custody at the Calhoun County Correctional Facility. The current decision demands that the TRO be converted to a preliminary injunction and Judge Judith Levy grants that request. Defendant Adducci concedes that persons, like Malam, with underlying mental and physical conditions appear more vulnerable to the virus than others but argues that Malam has not shown she will be exposed in any particular fashion. Indeed, he concedes some risk but not enough to warrant the extraordinary relief of release. On the other hand, with no vaccine, no cure, limited testing capacity and the rapid proliferation of the virus to those in close quarters there are no conditions at the CCCF that offer reasonable protection to petitioner.

Keywords: COVID-19; Malam v. Adducci

Affiliations:  1: Executive Editor.

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