Plaintiff, housed in federal prison, filed a pro se action against the Attorney General (AG), the BOP Commissioner, and the warden of his facility in Ft. Dix, New Jersey, asking for release and money damages. The complaint alleged that inmates were housed 12 to a cell, and that the facility failed to provide adequate PPE. The district court dismissed the suit; against the AG and the BOP Commissioner, it held that the United States was immune from Bivens actions. Against the warden, it held that there were no factual allegations that supported a finding of deliberate indifference under the Eighth Amendment. However, the court suggested that plaintiff could file an amended complaint against the warden with facts that might establish deliberate indifference.
Dixon v. United States, No. 1:20-cv-05994 (D.N.J. Jun. 16, 2020)
DETAILS
Decision
Date
6/16/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Monetary Relief, Release
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
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.