Eleven individuals filed a petition for a writ of habeas corpus and a class action complaint for injunctive and declaratory relief under the theory that FCC-Butner’s failure to control the spread of COVID-19 violated their rights under the Eighth Amendment. Petitioners seek to represent a class of similarly situated individuals as a well as a “medically vulnerable subclass” of those with preexisting conditions. The court denied the petitioner's motion for a preliminary injunction because the petitioners did not have a cognizable habeas corpus claim since they were challenging the conditions of confinement. Outside of a habeas claim, the court lacked jurisdiction to order injunctive relief since the petitioners did not comply with the PLRA. Lastly, even if the court did have jurisdiction, the petitioners did not make a clear showing of deliberate indifference; the fact that the respondents may have inadequately prevented the spread of COVID-19 or have not maximized the use of home confinement through Compassionate Release does not establish an Eighth Amendment violation.
Hallinan v. Scarantino, 466 F. Supp. 3d 587 (E.D.N.C. 2020)
DETAILS
Decision
Date
06/11/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
North Carolina
Type of Case
Class Action
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Violation of the Racketeer Influenced and Corrupt Organizations Act; Money Laundering; Wire Fraud; Possession with the Intent to Distribute Controlled Substances; Possession of a Firearm by a Convicted Felon; First-Degree Murder While Armed; Distribution of a Controlled Substance; Medicare Fraud; Assault with a Dangerous Weapon; Distribution of 50 Grams or More of Cocaine Base; Second-Degree Murder While Armed; Possession of a Firearm During the Commission of a Crime; Carrying a Pistol Without a License; Conspiracy; Theft of Government Property; Aggravated Identity Theft; Aiding and Abetting; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Possession with Intent to Distribute Marijuana.
"Medically Vulnerable Subclass" represents inmates over the age of 50 who have preexisting health conditions that expose them to greater risk of complications if they contract COVID-19.
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
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.
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.