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ACLU Objects to Request by ICE to be Dropped from Lawsuit Over Death of Immigrant Detainee

Posted: March 03, 2010|Category: Criminal Justice Category: Immigration

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The Rhode Island ACLU objected today to attempts by U.S. Immigration and Customs Enforcement (ICE) to be dropped from the federal lawsuit filed by the ACLU on behalf of the family of a detainee who died while in the custody of immigration officials at the Wyatt Detention Facility in Central Falls.  Hiu Lui “Jason” Ng, the 34-year-old Chinese detainee, died in August 2008 after complaining for months to prison officials about being in excruciating pain.  Guards and medical personnel at Wyatt continually accused Ng of faking his illness and denied him medical care, and he was only diagnosed with terminal liver cancer and a broken spine less than a week before he died.

The lawsuit claims that ICE had legal custody over Ng and knew of violations of his constitutional and statutory rights but did not act to stop them.  In a hearing on Wednesday, the lawyer for ICE argued that the federal agency cannot be held responsible for the way corrections officers, medical staff and prison officials at the Wyatt treated Ng because ICE had contracted out the work to the Wyatt and so it was their responsibility to provide care for Ng. 

Fidelma Fitzpatrick, an ACLU volunteer attorney who filed the lawsuit, countered that “ICE knew, or should have known, about Ng’s medical condition.”  ICE had received a letter from Ng’s attorney on July 14, 2008 explaining Ng’s condition and stating that requests for medical treatment had been repeatedly denied.  The lawsuit claims that,  “Despite his obvious severe and debilitating medical condition, and the actual notice it had received of his health condition, ICE Officials ordered that Mr. Ng on July 30, 2008 travel to Hartford, Connecticut from Central Falls, Rhode Island. Given his serious and obvious medical condition, requiring Mr. Ng to make this trip represented cruel, inhumane, malicious and sadistic behavior on the part of ICE Officials. These actions represented calculated harassment unrelated to any legitimate or legal purpose.”  Ng died on August 8th, a week after this trip. 

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