E.D. is a Honduran woman who, after fleeing violence and sexual assault, was detained at Berks County Residential Center which Berks County operates under a contract with U.S. Customs and Immigration Enforcement (ICE) while seeking asylum with her three-year-old son. While detained, E.D., who was 19 at the time, was sexually abused by 40-year-old immigration staff member Daniel Sharkey. Sharkey was ultimately convicted of the institutional sexual assault. Other employees at the immigration detention center failed to intervene or protect E.D., and when Sharkey’s behavior came to light, staff members retaliated against E.D. The case is against Daniel Sharkey, as well as other Berks County employees.

UPDATES

July 1, 2019
The U.S. Court of Appeals for the 3rd Circuit issued an important, precedential landmark ruling in favor of E.D., upholding that immigrants held at the Berks County Residential Center (ICE facility) are entitled to constitutional rights. This includes constitutional protections against sexual abuse and sexual assault for people detained at the Berks immigration detention facility, including by staff. The Court additionally found that supervisors, personnel, and colleagues have a duty to protect or intervene to prevent sexual misconduct by employees against immigration detainees.

January 22, 2020
Case closed. Berks County agrees to pay a $75,000 settlement to E.D.

PRESS RELEASES

Court rules against Berks ICE facility, finding that immigrant detainees have the constitutional right to be protected from sexual abuse by staff (7/1/19)

Berks County Will Pay Settlement to Woman Who was Sexually Abused by Staff Member while Detained at Berks ICE Facility (1/23/20)

CASE DOCUMENTS

U.S. Court of Appeals for the 3rd Circuit Opinion (pdf)