The court granted a motion for emergency bond pending review of petitioner’s habeas claim, concluding "[t]he strong likelihood of his innocence and COVID- 19 make this request for bond exceptional and deserving of special treatment in the interest of justice.” The Wayne County Conviction Integrity Unit (CIU) has nearly finished its own investigation and is prepared to recommend either (1) complete exoneration or (2) a new trial [where the director would recommend dismissal without trial. The court said the Michigan DOC “can only do so much given the structure of the prison system. There is no doubt that prisoners face a great risk of infection; inmates and staff have a reduced ability to practice the social distancing and quarantine recommendations of the [CDC].” At the time of this order, 33 prisoners and 12 staff tested positive, with 9 tests pending and a prisoner at the facility dead from COVID-19. Note that the Court held that because of Clark’s good behavior during a prior bond granted (that was later revoked), he is not a risk of flight or a danger to the community.
Clark v. Hoffner, No. 16-11959, 2020 WL 1703870, ECF No. 80 (E.D. Mich. Apr. 8, 2020)
Criminal (State Charges)
Bond Hearing, Class Certification, Delayed Surrender, Improved Conditions, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Bond request while habeas petition for actual innocence pending
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history, Went to trial
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Lakeland Correctional Facility
Other, Procedural Due Process (both 14th and 5th Amendments), Eighth and Fifth Amendment - Cruel and Unusual Punishment
First Step Act, 18 U.S.C. § 3582(c)(1)(A), Immigration and Nationality Act (INA), § 2241 Habeas, § 2254 Habeas
The Court set conditions, including no contact with witnesses or Jackson (the witness that provided the new evidence proving his innocence), travel limited to within the Eastern District of Michigan, and that Clark self-quarantine for a period of 14 days following his release and observe the CDC’s social distancing recommendations.
Convicted of first-degree felony murder (challenged in habeas petition)
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Age, Obesity, Other, Suffered a transient ischemic attack ("mini-stroke"); Migraines
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.