Skip navigation
× You have 2 more free articles available this month. Subscribe today.

ICE Settles Deliberate Indifference Lawsuit for $47,500

The U.S. Immigration and Customs Enforcement agency (ICE) paid $47,500 to settle a lawsuit alleging deliberate indifference to a detainee’s medical needs.

A Haitian woman, identified only as “Rosemarie M.” in court documents, had suffered daily bleeding for months in the summer of 2008 while serving time in Homestead, Florida for a felony theft conviction. Although the jail doctors recommended surgery, Rosemarie was transferred, along with her medical records, into ICE custody and placed at the Glades County Detention Center in April 2009.

“Coming into ICE custody, Rosemarie had medical records that showed she was sick and needed surgery,” said Tania Galloni, an attorney at the Florida Immigrant Advocacy Center. “She told anyone who would listen she was sick and needed help.”

On November 19, 2009, U.S. District Judge John E. Steele ordered ICE to provide the medically recommended treatment, and Rosemarie was admitted to a hospital on November 30, 2009 and had surgery the next day.

In addition to the monetary settlement with ICE, ICE also stopped deportation proceedings against Rosemarie and released her from custody on December 11, 2009, allowing her to seek a visa granted to victims of violent crimes in the U.S. See: Rosemarie M. v. Morton, U.S.D.C. (M.D. Fla.), Case No. 2:09-cv-601-FtM-29DNF.

Additional source: Associated Press

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Rosemarie M. v. Morton