Court converted petitioner’s Habeas Motion from a Section 2241 petition to a Section 2254 petition because he was a state prisoner, and therefore 2241 was unavailable to him. Id. at 6. The Court also denied petitioner’s motion for default judgment, as the case had not yet reached the merits.
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
1:20-cv-00496-JLS
MORE CASE INFORMATION
Court Name
W.D.N.Y.
Decision
Other
Place of Incarceration
State Prison
Name of Facility
Orleans Correctional Facility
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Section 1983, § 2241 Habeas, § 2241 Habeas Exhaustion, § 2254 Habeas, Fed. R. Civ. P. 60(b)
Convictions
Non-violent drug offense
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Asthma, Diabetes
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Yes
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.