Plaintiff contracted COVID-19 after the warden mixed COVID-positive incarcerated people with the rest of the population and refused to test staff. Within 3 weeks, almost 700 incarcerated people had tested positive. Plaintiff has asthma, thyroid cancer, and previously had a mild heart attack which made his symptoms severe. The court denied Plaintiff's requests for counsel and temporary release from prison, holding that release is not available under § 1983 and constitutional challenges to confinement should instead be brought by a habeas corpus petition. The court allowed his Eight Amendment deliberate indifference claim against the warden to proceed.
Johnson v. Burt, No. 1:20-cv-802, 2020 U.S. Dist. LEXIS 174535 (W.D. Mich. Sep. 23, 2020).
DETAILS
Decision
Date
09/23/2020
Practice Area
Criminal (State Charges)
Relief Requested
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Michigan
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
1:20-cv-00802-PLM-PJG
MORE CASE INFORMATION
Court Name
W.D. Mich.
Decision
Other
Place of Incarceration
State Prison
Name of Facility
Muskegon Correctional Facility
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
Section 1983
Convictions
First-degree premeditated murder; possession of a firearm in the commission of a felony; and felon in possession of a firearm
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma, Cancer, Cardiac Disease
Pre-Existing Health Conditions Notes
Asthma (unspecified severity), Cancer (thyroid)
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.