Family of Haitian asylum seeker Daphy Michel plans lawsuit after death ruled homicide

Attorneys say the lawsuit will target the federal government and other entities following Daphy Michel’s death after her release from ICE custody.

The family of Daphy Michel plans to sue the U.S. government and other entities after the 31-year-old Haitian asylum seeker died of hypothermia following her release from Immigration and Customs Enforcement custody in Pittsburgh. The lawsuit follows the news of her death being ruled a homicide.

Attorney Joseph Murphy, who represents Michel’s relatives in Pennsylvania, told The Guardian that the case is expected to be filed within two to three weeks. He said it would name the United States and multiple governmental and non-governmental entities, but the prospective plaintiffs, defendants and legal claims have not been publicly identified.

Michel spent six months in Washington County Jail after a reported mental health crisis and street incident. A judge dismissed the criminal charges in late February. ICE then processed her, placed her in removal proceedings, fitted her with an ankle monitor and released her in south Pittsburgh, more than 20 miles from her home in Charleroi.

Her family expected someone to call so a relative could pick her up, but the call never came. Surveillance footage later showed Michel remaining at a bus shelter for about 24 hours. She was found unresponsive on March 2 while wearing summer clothes as the temperature reached 20 degrees Fahrenheit. She died hours later at a hospital.

The Allegheny County Medical Examiner’s Office determined that hypothermia caused Michel’s death and classified the manner as homicide. Officials said that designation means another person’s actions contributed to the death, but it does not establish criminal guilt.

The medical examiner described Michel as a vulnerable adult living with untreated severe mental health issues and a significant language barrier when federal authorities released her. Murphy said her condition was apparent and argued that leaving her alone in an unfamiliar city during winter showed poor judgment.

The Department of Homeland Security previously denied responsibility, saying Michel had her belongings, a charged phone and access to public transportation. Murphy disputed the phone’s usefulness, saying its service had expired while she was jailed. He also said Michel entered the country legally, received humanitarian status and had an asylum application pending.

Pittsburgh detectives are investigating Michel’s death. The planned legal action would move the family’s demand for accountability into court while leaving the exact defendants and claims to be disclosed in the complaint.