from 07.07.15 order by Judge Hanen:

page 4 “Certainly, if the Government is purposefully
exposing the population of the United States to a drug-resistant strain of TB, any civil sanctions
likely to be issued by this Court would be the least of the Government’s problems.”

p14-16: “Plaintiff alleges that she developed an upper respiratory infection for which she sought medical care, antibiotics, lab tests, and lung X-rays, and must use a positive pressure oxygen machine for the rest of her life. According to Plaintiff, she contracted this infection and a persistent cough from illegal alien patients who were allegedly transported (at some undefined time) to California from the Southern District of Texas without proper screening for infectious diseases or quarantine. Plaintiff offers a report/memorandum addressed to the Secretary of the DHS from the Inspector General of the DHS who performed unannounced site visits to DHS detention centers to evaluate the conditions for unaccompanied alien children (“UAC”) in DHS custody. [See Doc. No. 40-3]. The report covers inspections conducted from July 1, 2014, to July 16, 2014. The Inspector General observes that “[m]any UAC and family units require treatment for communicable diseases, including respiratory illnesses, tuberculosis, chicken pox, and scabies.” [Id. at 3]. He further observes that “DHS employees reported exposure to communicable diseases and becoming sick on duty.” The report cites examples of children of Customs and Border Patrol officers contracting scabies, lice, and chicken pox within days of officers’ contact with infected UAC, and other personnel reporting that they were potentially exposed to tuberculosis. [Id.]. Case 1:14-cv-00119 Document 69 Filed in TXSD on 07/07/15 Page 14 of 35 15 Plaintiff also provides two affidavits of an epidemiologist, Vera Dolan, who opines that Dr. Taitz’s infection originated from close contact with infected patients sent to her office for dental treatment, “in particular immigrants who were detained by the DHS without quarantine or medical treatment for existing communicable diseases and then transported to California.” [Doc. No. 40-2 at 3 (Sept. 3, 2014, Aff. of Vera F. Dolan, MSPH)].10 Before opining on the cause of Dr. Tatiz’s infection, Ms. Dolan states that she relied on Plaintiff’s statements regarding her internal medical doctor’s diagnosis of her, and Plaintiff’s comparison of the timing of patients coming in with a persistent cough and her own development of a cough. Ms. Dolan also reviewed (1) the aforementioned July 30, 2014 report by the Inspector General of DHS; (2) attachments to that report which observe that out of 69 sites visited where UAC were detained, there were four sites where detainees did not have access to prescription medication and 33 sites where information was not available as to whether or not detainees had access to prescription medication; and (3) a July 4, 2014 letter addressed to the Chief Patrol Agent of Chula Vista, California from Ronald Zermeno, Health and Safety Director for the National Border Patrol Council (“NBPC”) Local 1613, revealing that detainees with infectious diseases were transferred from Texas to California by the DHS. [Id. at 2-3]. In his letter, Mr. Zermeno states that a border patrol agent who was exposed to scabies had been asked to do medical screenings during the processing of detainees from Texas, prior to releasing the detainees to ICE. [Doc. No. 40-4 at 1]. He notes that the agent was “not a trained medical professional” and “completed the questionnaire on all detainees,” documenting what he saw, including “several people with open sores.” [Id.]. Although Mr. Zermeno states that he is unaware which detainees caused the agent to contract scabies, he “suspect[s] that they could have been already transferred to ICE custody and may have already been released in the 10 Ms. Dolan also testified before this Court. Case 1:14-cv-00119 Document 69 Filed in TXSD on 07/07/15 Page 15 of 35 16 surrounding communities.” [Id.]. Mr. Zermeno complains that agents are not properly trained to identify infectious diseases and to properly respond when suspecting a disease. He further notes that despite the Chief’s assurance that all detainees “underwent health screening by FEMA personnel and were declared medically sound for transportation to California,” upon an initial medical screening of detainees by EMT agents in California, “several [detainees] with active scabies and other illnesses” were identified. [Id.]. Mr. Zermeno requests that the Chief “not down play this incident and call it an isolated incident,” asking “again” that “all detainees be medically screened by doctors and decontaminated prior to transportation to California.” [Id. at 2]. He concludes by stating that “Border Patrol management is aware of the scabies outbreak but continue to ignore recommendations.” [Id. at 3]. The Court finds Plaintiff’s allegations of health-related injuries to be sufficiently concrete and individualized to meet the injury-in-fact requirement under Article III.”