Post #56648 by commonone on the US Policy board

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...in a hospital bed despite him having a broken leg preventing him from walking. And without telling him why.

The Court finds that Petitioner has carried his burden of demonstrating irreparable harm. He is presently detained under restrictions that limit his access to counsel, medical providers, and family. He has been questioned by government officials while in pain and under the influence of medication. He cannot place phone calls and remains handcuffed to a hospital bed despite a broken leg that prevents him from walking. He has received no more than a vague explanation for his detention, and Respondents’ proffered excuses for delaying a formal notice are unsupported by facts. “It is well established that the deprivation of constitutional rights ‘unquestionably constitutes irreparable injury.’” Hernandez v. Sessions, 872 F.3d 976, 994 (9th Cir. 2017) (quoting Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012)). “Deprivation of physical liberty by detention constitutes irreparable harm.” Arevalo v. Hennessy, 882 F.3d 763, 767 (9th Cir. 2018) (citing Hernandez, 872 F.3d at 994). Indeed, Petitioner “suffers potentially irreparable harm every day that he remains in custody without a hearing, which could ultimately result in his release from detention.” Cortez v. Sessions, 318 F. Supp. 3d 1134, 1139 (N.D. Cal. 2018) (citation omitted).

But doncha' dare call them Gestapo.

https://storage.courtlistener.com/recap/gov.uscour...

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