The Associated Press is reporting today about a case being heard before the Supreme Court regarding a tort claim filed against government doctors working for Immigration and Customs Enforcement. The negligence claim arises after the death of 36 year old Francisco Castaneda, an illegal immigrant from El Salvador. Castenda apparently when untreated for penile cancer (yeah, penile cancer … ouch!) while he was being held by I.C.E and later died as the cancer spread throughout his body.
This is an extremely odd claim not only because was filed on behalf of an illegal immigrant being held by a federal law enforcement agency, but the highcourt seems to be questioning the legality of the suit with respect to exactly who the tortfeasor is in this case. The basic question being, can the complainant file suit against the doctors individually, or should the suit name the federal government instead. Castaneda’s attorney, Conal Doyle explains:
“The United States has admitted liability in this case. They’ve admitted their negligence caused his death. And so the only issue really is whether we can pursue these individual claims against the actual medical personnel who cared for him individually,”
Well its not the ONLY issue. First you have the issue that Doyle describes, a federal shield law that would absolve the doctor’s from any liablity in the case. Can anyone say perverse incentives? There is also the issue of a California state statute (that’s where the claim was filed) that would cap any damages awarded to the Castaneda family at $250,000. It’s hard to say what exactly this man’s life could be appraised for given his criminal background and status as an illegal alien. But there is also the issue of if that should be the standard for awarding damages, given the fact that the claim is not one of wrongful death but one of negligence. Finally, the elephant in the room in this story, no doubt, has to be Casteneda’s citizenship status as an illegal immigrant. Should he even have the right to file suit against anyone, let alone the federal government? What do you think?