The court vacated and remanded a district court decision dismissing the Federal Defenders of New York's claim that a prison warden’s curtailment of attorneys’ access to clients was a violation of the APA and the Sixth Amendment. The court found that the Federal Defenders did not lack standing, as the practices were ongoing at the time the suit was filed and was not moot because the defendants failed to show with absolute clarity that the allegedly wrongful behavior could not be reasonably expected to recur. Regarding the APA claim, the court found that despite the emergency exceptions in light of COVID-19, the plaintiffs demonstrated that the curtailment could arguably fall within the “zone of interests to be protected or regulated” by the Code of Federal Regulations, which provides parameters for the Warden to schedule attorney-client meetings. Regarding the Sixth Amendment claim, the court found that the district court had misconstrued the claim and found that it could be litigated for invoking “a cause of action in equity” rather than one that arose directly under the Sixth Amendment.
Fed. Defs. of N.Y. v. Fed. Bureau of Prisons, 954 F.3d 118 (2d Cir. 2020)
Criminal (Federal Charges)
Other, Legal Visitation
Type of Court
Federal Appellate Court
Type of Case
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center
Sixth Amendment - Access to Counsel
Administrative Procedure Act (APA)
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.