Individual in state pretrial custody awaiting a competency hearing. The Court directed Petitioner to show cause why the matter should not be dismissed as barred by the exhaustion requirement, as he had not exhausted all of his state remedies. The Court also found that the abstention doctrine precluded it from intervening in Petitioner’s pending criminal prosecution. Lastly, the Court denied Petitioner’s Motion for Preliminary Injunction, Motions to Compel Response, and Motion for Court to Order Release.
Jones v. Douglas County Jail, No. 5_20-cv-03056, Dkt. No. 18 (D.Kan. May. 29, 2020)
DETAILS
Decision
Date
5/29/2020
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Improved Conditions, Other, Release, Temporary Restraining Order (TRO), Compensatory and punitive damages and injunctive relief
Type of Court
Federal District Court
Location
Kansas
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
5:20-cv-03056-SAC
MORE CASE INFORMATION
Court Name
D. Kan.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Douglas County Jail
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Two drug related felony charges, driving with a suspended license
COVID-19 in Jail Prison or Detention Center
Not discussed
Litigation Database
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