For Immediate Release
August 15, 2024
Contact:
Arianna Rosales, arianna@nipnlg.org
Washington, DC – Yesterday, the U.S. District Court for the Central District of California issued a significant decision in the case of Martin Vargas v. United States of America et al, ruling against most of the United States' arguments in its motion to dismiss the Plaintiff’s second amended complaint. This complaint, filed under the Federal Tort Claims Act (FTCA), alleges negligence, intentional infliction of emotional distress, false imprisonment, and wrongful death related to the death of Martin Vargas Arellano in ICE custody. The Court allowed all but one of the Plaintiff’s claims to proceed.
On March 7, 2023, the National Immigration Project filed a complaint against the United States, the GEO Group, and Wellpath, the contractor responsible for medical services at Adelanto Detention Center. Mr. Vargas Arellano died at Adelanto despite his urgent pleas for release due to multiple severe health conditions that rendered him highly vulnerable to the worst effects of COVID-19. The lawsuit was brought on behalf of Mr. Vargas Arellano’s son, with the Law Offices of Stacy Tolchin and Hoq Law serving as co-counsel.
Yesterday’s decision denies the government’s attempts to avoid liability by hiding behind the contractor exception of the FTCA. Additionally, the Court denied the government’s motion to dismiss in so far as it relied on the discretionary function exception of the FTCA to shield itself from its failure to comply with its own policies mandating oversight over its contractors.
“This decision denies the government’s attempt to absolve itself from its failure to adequately shield Mr. Vargas Arellano from contracting COVID-19 or to provide facilities and care sufficient to meet his medical needs,” said Khaled Alrabe, Senior Staff Attorney at the National Immigration Project. “This order brings Mr. Vargas Arellano’s family one step closer to justice and establishes helpful case law for future plaintiffs held in ICE custody in private detention facilities.”
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The National Immigration Project (NIPNLG) is a membership organization of attorneys, advocates, and community members who are driven by the belief that all people should be treated with dignity, live freely, and flourish. We litigate, advocate, educate, and build bridges across movements to ensure that those most impacted by the immigration and criminal systems are uplifted and supported. Learn more at nipnlg.org. Follow NIPNLG on Facebook, X, and Instagram at @NIPNLG.