Negligence Suit Against ICE May Proceed, Judge Rules
Southern District Judge Paul Crotty found that Immigration and Customs Enforcement retained certain responsibilities to provide detainees with adequate medical care despite having delegated duties to the Orange County Correctional Facility.
July 11, 2017 at 04:01 PM
4 minute read
The wife of a deceased detainee can go forward with her suit against Immigration and Customs Enforcement, a federal court in Manhattan has ruled.
Southern District Judge Paul Crotty found that ICE retained certain responsibilities to provide Gregory Harvey with adequate medical care despite having delegated duties to the Orange County Correctional Facility.
Crotty ruled that Deborrah Harvey, as administrator of her husband's estate, sufficiently alleged a separate, undelegated duty for which ICE may be held directly liable. Therefore, he said, the government's motions to dismiss her lawsuit based on lack of subject matter jurisdiction or, alternatively, for summary judgment based on an independent contractor exception, must be denied.
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