On December 21, 2020, female immigrants filed a proposed class-action lawsuit in the U.S. District Court for the Middle District of Georgia for alleged forced medical procedures that they were required to undergo at a Georgia immigration detention center.
The eight named plaintiffs, some of whom remain detained and others who have been released and/or deported, allege on their own behalf and on behalf of multiple others who are similarly situated: “Each was subjected to, or ordered to be subjected to, non-consensual, medically unindicated, and/or invasive gynecological procedures by Mahendra Amin, with the knowledge or participation of other Respondents. In many instances, the medically unindicated gynecological procedures Respondent Amin performed on Petitioners amounted to sexual assault … Petitioners were victims of non-consensual, medically unindicated and/or invasive gynecological procedures, including unnecessary surgical procedures under general anesthesia, performed by and/or at the direction of Respondent Amin … Respondents also knew that from 2013 to 2015, Respondent Amin was investigated by the Department of Justice (“DOJ”) for conducting medically unnecessary procedures … Since at least 2018, Respondents have known about the medical abuse women detained at ICDC have suffered at the hands of Respondent Amin but have nonetheless continued a policy or custom of sending women to be mistreated and abused by Respondent Amin.”
The allegations include: “Unnamed ICDC Officers ##1-X accompanied women detained at ICDC, including Petitioners, to their appointments with Respondent Amin. They remained in the room as he performed painful non-consensual procedures on them. They witnessed the women crying out in pain and asking Respondent Amin to stop, which he generally refused to do. They witnessed that Respondent Amin did not obtain consent for many of the procedures. They also witnessed that he frequently did not make any attempts or respond to requests to provide interpretation or to speak to each woman in a language she could understand.”
The plaintiffs further allege: “After Petitioners spoke out, or attempted to speak out, about their abuse, Respondents retaliated against them in order to silence them. In an attempt to chill Petitioners’ speech, Respondents engaged in a range of retaliatory actions. They placed or threatened to place Petitioners in medical units or solitary confinement; placed them on cell restriction; and transferred them to other units to separate protestors. They physically assaulted some women who spoke out, including while they were handcuffed. When women detained at ICDC went on hunger strike, Respondents rationed or threatened to ration their access to water, took money out of their commissary accounts, and limited or cut off their access to phones, tablets, video calls and email. They also delayed delivery of their prescribed medication and denied them access to the law library and to their own medical records. In addition to limiting phone access, Respondents systematically monitored outgoing phone calls, abruptly cutting the line when Petitioners and other detainees mentioned hunger strikes or medical treatment or spoke with reporters. Respondents also destroyed letters documenting abusive medical treatment; refused to produce individuals at hearings related to Respondent Amin’s abuses; refused to coordinate with consular officials; obstructed congressional committees’ requests for information about medical treatment; and made false claims to congressional investigators. Respondents have further retaliated against and attempted to silence Petitioners by deporting or attempting to deport them in retaliation for their speech or attempted speech about the abuses they have suffered at Respondents’ hands.”
The plaintiffs “seek relief from this Court, on behalf of themselves and others similarly situated, for the abuse they suffered by and/or under the direction, control or authority of Respondents. They further seek this Court’s protection to enable them to freely pursue their claims against their abusers and to enable them to testify in ongoing investigations into Respondents’ violations of their rights.”
Source Oldacker v. Giles, Case 7:20-cv-00224-WLS-MSH Document 54 Filed 12/21/20.
If you or a loved one were injured due to the lack of appropriate medical care while detained in a immigrant detention facility in the United States, you should promptly seek the legal advice of a local medical malpractice lawyer in your state who handles immigrant detention center medical malpractice claims.
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