The court granted bail for habeas litigation group member Dikeh, finding that "'the COVID-19 pandemic constitute[d] an exceptional circumstance deserving special treatment in the interests of justice'" and that the litigation group made substantial claims of law likely to succeed on the merits. The court cited Sixth Circuit precedent under Nash v. Eberlin, which "recognized the district court’s 'inherent authority' to grant a habeas petitioner release on bail pending adjudication of the petition’s merits." The court pointed out that the jail housing Dikeh had "twelve [active] positive cases for COVID-19." Dikeh had no criminal history in the U.S., has lived in the United States for seventeen years, and had a release plan to live with a friend in Chicago, so the court concluded that Dikeh was neither a flight risk nor a risk to the community.
Malam v. Adducci, No. 20-10829, 2020 U.S. Dist. LEXIS 177195 (E.D. Mich. Sep. 28, 2020)
Type of Case
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Calhoun County Correctional Facility
§ 2241 Habeas
"Dikeh’s release is subject to the conditions outlined in this Court’s August 12, 2020 order. (ECF No. 179.) Release under the bail process is to follow the bail process and standard Conditions of Release previously set forth. (See ECF Nos. 166, 177, 179,
Decision Made But Case Still Pending
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.