The court denied a habeas petition because under Seventh Circuit precedent, Eighth Amendment deliberate indifference claims had to be brought under § 1983, and release was not a proper remedy for such claims. The court noted that while the petitioner "contends that courts outside of the Seventh Circuit have determined that Covid-19 presents an extraordinary circumstance that might permit habeas relief to a state prisoner[,] . . . [t]he Court of Appeals for the Seventh Circuit has not made an exception to this rule for Covid-19, and this court does not have the authority to do so."
Maday v. Fluke, No. 20-CV343-BBC, 2020 WL 2769486 (W.D. Wis. May 28, 2020)
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
State Prison, Private prison
Name of Facility
Mike Durfee State Prison
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Section 1983, § 2241 Habeas
Pre-Existing Health Conditions
Age, Diabetes, High Cholesterol, Hypertension (high blood pressure), Lung Disease, Obesity, Other, Smoking, Hypothyroidism and Sarcoidosis
Pre-Existing Health Conditions Notes
Pre-existing conditions mentioned but not specified
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.