Judge denies gov’t motion to be dismissed from lawsuit over immigration detainee death in RI

By AP
Monday, June 14, 2010

Judge: US can be sued in RI detainee death case

PROVIDENCE, R.I. — A judge has denied the federal government’s request to be dismissed from a lawsuit over the death of an immigration detainee in Rhode Island.

Hiu Lui (Hyoo-Loo) “Jason” Ng (ENG’) died of liver cancer in 2008 while in the custody of the Donald W. Wyatt Detention Facility.

A federal lawsuit filed by his widow accuses Wyatt staff of abusing and medically neglecting Ng, a Chinese computer engineer from New York who was detained for overstaying a visa.

U.S. Immigration and Customs Enforcement asked to be dismissed from the suit. The agency said it wasn’t legally responsible for the actions of an independent contractor.

But U.S. District Judge William Smith denied the motion on Monday.

An assistant U.S. attorney from Maine who is representing the government did not immediately return a phone message seeking comment.

(This version CORRECTS that Ng died while in custody of the detention center, not at the center itself.)

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