DENVER (KDVR) — A new lawsuit has been filed against the privately operated migrant detention facility in Aurora, claiming that a man's death while in custody there was entirely preventable.
That man, Nicaraguan national Melvin Ariel Calero-Mendoza, 39, died in October 2022 of a blood clot. Calero-Mendoza’s death is the third in the facility’s 38-year history, with the last detainee’s death recorded in 2017, and seems to have come after he was injured playing soccer.
Lawmakers who have pressed for more oversight of the facility have referred to Calero-Mendoza as an asylum seeker, but according to ICE, he was charged with illegal entry. Calero-Mendoza had applied for asylum at the U.S. southern border after his partner and mother of his children had already traveled to the U.S. and was granted asylum.
Now Calero-Mendoza's children are suing the facility and the doctor who worked there. The lawsuit says that Calero-Mendoza had a blood clot in his leg, and complained about it for weeks. The lawsuit alleges that he asked to see a doctor for the problem multiple times.
The lawsuit is filed against the Geo Group, which runs the Aurora Immigration and Customs Enforcement Processing Center on Oakland Street, as well as the doctor who was on staff at the facility. The lawsuit claims Calero-Mendoza was misdiagnosed by medical staff "over and over," and eventually the clot moved to his lung, killing the 39-year-old.
Calero-Mendoza was placed in ICE custody after he applied for asylum and moved to the Aurora facility earlier in 2022. The lawsuit says Calero-Mendoza hurt his foot playing soccer and was in excruciating pain for a few weeks. However, low-level medical staff never recommended that he see a doctor or higher-level provider.
"This was preventable at every level," said Luis Cortes-Romero of the Novo Legal Group at a press conference held Tuesday. The Novo Legal Group is representing the family.
"Melvin came to seek medical attention multiple times and he was turned away," Cortes-Romero said. "And it was because of that, and because of that medical neglect, and because the staff was not prepared to handle the needs of the individuals here, that ultimately led to his death."
FOX31 reached out to the Geo Group for comment on Tuesday and did not receive a response at the time of publishing. ICE, which was not named in the suit, would not comment on the litigation directly. However, the agency said it strives to create a safe and secure environment for people in its custody, and that includes providing comprehensive medical care.
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