The court dismissed the petitioner's motion for compassionate release and his habeas petition without prejudice. The court ruled that the incarcerated individual had not exhausted his administrative remedies under either claim, noting that "Title 18 U.S.C. §3582(c)(1) requires exhaustion of administrative remedies before bringing a motion to the Court for compassionate release, and this requirement applies to motions brought in the context of COVID-19."
Jerdine v. Barr, No. 4:20 CV 569, 2020 U.S. Dist. LEXIS 93358 (N.D. Ohio May 28, 2020)
Criminal (Federal Charges)
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Went to trial
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
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.