Plaintiff is medically vulnerable and filed an emergency release motion while his habeas petition is pending. The court denied the motion, finding neither a high probability of success on ineffective assistance arguments or special circumstances due to petitioner’s vulnerability to Covid-19. The court pointed to low numbers of Covid-19 positive tests in Nevada generally, the lack of any confirmed cases in Nevada state prisons, and the availability of social distancing.
Fields v. Baker, No. 3:16-cv-00298, 2020 WL 1914814 (D. Nev. Apr. 20, 2020)
Criminal (State Charges)
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Bond request while habeas petition for actual innocence pending
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Went to trial
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
High Desert State Prison
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
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.