The family of Daphy Michel is moving forward with a lawsuit against the United States and several other entities following her death in Pittsburgh, The Guardian reported. Michel, a 31-year-old Haitian immigrant, was found dead after being released from Immigration and Customs Enforcement custody during a period of extreme cold. The legal action is expected to be filed within the next two to three weeks, according to attorney Joseph Murphy, who represents the family.
Michel had spent six months in county jail following a reported mental health crisis in Charleroi, Pennsylvania, where she was found by police brandishing a knife and reacting to what appeared to be imaginary voices. Although a judge eventually dismissed the criminal charges and ordered her release in late February, she was immediately arrested by ICE. Instead of being returned to her home in Charleroi, which is about 20 miles away, she was taken to an ICE office in south Pittsburgh and released with an ankle monitor.
The conditions surrounding her release have drawn significant criticism. On the morning she was found unresponsive, the temperature was just 20F, and she was wearing only summer clothes. Surveillance camera footage shows her at a bus shelter on Pittsburgh’s south side for roughly 24 hours, beginning on March 1. The images capture her sitting on a bench with a small bag of belongings, later slumping to the ground, and eventually lying there until authorities were called.
Despite attempts at lifesaving measures, she died in a Pittsburgh hospital
The Allegheny County medical examiner’s office ruled the death a homicide in June, noting that Michel suffered from untreated severe mental health issues and a significant language barrier at the time of her release on February 27. The office clarified that this ruling signifies her death was caused by the actions of another individual, rather than being a declaration of criminal guilt. Pittsburgh detectives are currently investigating the matter.
Attorney Joseph Murphy expressed frustration regarding the decision to release her into such harsh conditions. “Anybody who knew Daphy for more than one minute knew there was something wrong with her. It was a real dumb thing to just release her like that in February in Pittsburgh, where it’s very cold, knowing how screwed up she was. It was a very bad judgment call,” Murphy said. He also disputed claims made by the Department of Homeland Security that Michel’s phone was functional, noting that her service plan had expired during her six months in jail.
The Department of Homeland Security did not provide a response to questions regarding the upcoming lawsuit or the circumstances of her custody. In March, the agency posted a statement on X claiming it had “nothing to do with this woman’s death” and referred to Michel as an illegal alien. This statement is contested by her legal representation, who maintains that she entered the country legally, held humanitarian status, and had an active asylum application.
This situation follows a similar incident that occurred just a week earlier in Buffalo, New York. In that case, a 56-year-old Rohingya refugee with significant vision impairment and limited English was found dead after being dropped off by the U.S. Border Patrol at a closed coffee shop. That death was also ruled a homicide.
Details regarding the specific defendants in the Michel family lawsuit remain limited as the legal process unfolds.
Published: Aug 2, 2026 02:45 pm