The court denied pro se petitioner Bashan Brady’s requests for (1) a writ of habeas corpus under 28 U.S.C. § 2241 in light of the COVID-19 pandemic, and (2) a temporary restraining order seeking the same relief; instead, it granted the respondent’s requests (1) to convert Brady’s “COVID petition” to one under 28 U.S.C. § 2254 and consolidate the COVID petition with Brady’s pending “2019 petition,” which was also a § 2254 case, (2) to construe the present COVID petition as a motion to amend his earlier 2019 petition, and (3) to deny the amendment. The court found that he Brady had failed to exhaust his administrative remedies and thus denied his petition on the merits. The court also denied a TRO on the same grounds.
Brady v. Wolcott, No. 20CV580, 2020 WL 3270378 (W.D.N.Y. June 17, 2020)
DETAILS
Decision
Date
6/17/2020
Practice Area
Criminal (State Charges)
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-cv-580-JLS
MORE CASE INFORMATION
Court Name
W.D.N.Y.
Decision
Motion Denied
Place of Incarceration
State Prison
Name of Facility
Orleans Correctional Facility
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
§ 2241 Habeas, § 2254 Exhaustion, § 2254 Habeas
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma
Pre-Existing Health Conditions Notes
Asthma (not specified)
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.