The district court denied relief for a habeas petition alleging Fifth, Sixth, Eighth, and Fourteenth Amendment violations. Mr. Dillon's Eighth and Fourteenth Amendment arguments related to conditions of confinement and medical treatment were dismissed as improper habeas claims that should have been pursued under §1983. Similarly, the court considered his Fifth Amendment arguments related to false grand jury testimony a "challenge to his ongoing Federal criminal cases," not a demonstration of arbitrary continued detention. As to his Speedy Trial argument, the judge held that his case was properly deemed "complex" and therefore not subject to Speedy Trial Act limitations. Finally, the court found no likelihood of success of merits or irreparable harm for a TRO, and no cognizable basis for habeas relief.
Dillon v. Wolf, No. 20-CV-479-SMY, 2020 WL 3316006 (S.D. Ill. June 18, 2020)
DETAILS
Decision
Date
6/18/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
3:20-cv-00479-SMY
MORE CASE INFORMATION
Court Name
S.D. Ill.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Randolph County Jail (Chester, Illinois)
Legal Authority
Eighth Amendment - Deliberate Indifference, Other, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Sixth Amendment Speedy Trial; Fifth Amendment Prosecutorial Misconduct
High Cholesterol, Hypertension (high blood pressure), Other, Chest pains
Pre-Existing Health Conditions Notes
The decision does not detail his health concerns beyond listing "chest pains, prehypertension, and high cholesterol." It also mentions he had an infected tooth removed in January 2020 after it was untreated for close to a year.
COVID-19 Positive or Symptomatic
No
Charges
Drug Conspiracy; Obstruction of Justice; Unlawful Flight to Avoid Prosecution; Money Laundering
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.
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