The court dismissed the § 1983 claim for failing to state a claim under Iqbal/Twombly. The incarcerated individual made his claim on the basis of 8th Amendment Deliberate Indifference given that being incarcerated would increase his risk of exposure to Covid 19. He also made another claim under 14th Amendment Substantive Due Process. The court rejected both claims, stating that "[i]n light of the nonexistent levels of infection at URF and the significant measures undertaken by Defendants to secure prisoner safety and prevent infection, Plaintiff cannot show that Defendants have been deliberately indifferent to his serious risk of physical harm." The court also was unwilling to grant a preliminary injunction or a TRO, in part because "Plaintiff has failed to show that he is subject to any risk, much less a significant risk, of COVID-19 infection under the present circumstances."
Cummings v. Washington, No. 2:20-CV-65, 2020 WL 2764364 (W.D. Mich. May 28, 2020)
Criminal (State Charges)
Bond Hearing, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history, Only served a small portion of their sentence (less than 33%), Was sentenced as an Armed Career Criminal under the Armed Career Criminal Act (ACCA)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Chippewa Correctional Facility
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Asthma, Cancer, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure), Other, In need of orthopedic surgery
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.