Archambeault

I. FACTUAL BACKGROUND

2 Decedent Carlos Escobar Mejia (“Escobar”), originally from El Salvador, 3 lived in the United States with his sisters for over 40 years. (Second Amended 4 Complaint “SAC” ¶¶ 33-34.) In January 2020, Escobar was detained by ICE after 5 Border Patrol stopped him in Chula Vista (Id. at ¶ 37.) Escobar had criminal

6 convictions, including a DUI, that were 30 years old. (Id. at ¶ 36.) Escobar was in 7 ICE Custody until his death on May 6, 2020, at age 57, although no criminal 8 charges were pending against him. (Id. at ¶ 29, 37-38.) Escobar had been waiting 9 to appear before an immigration judge to resolve an issue related to his 10 immigration status. (Id. at ¶ 39.) Escobar was vulnerable to COVID-19; he 11 suffered from diabetes, his foot had been amputated due to complications from 12 diabetes and he suffered high blood pressure and heart problems. (Id. at ¶¶ 40- 13 41.) 14 Escobar became infected with COVID-19 while in custody at the Otay 15 Mesa Detention Center (“OMDC”), an immigration detention center owned and 16 operated by Defendant CoreCivic. (Id. at ¶¶ 39, 43, 122.) CoreCivic is a private 17 operator of correctional facilities with contracts…