Class action brought on behalf of all persons incarcerated at FCI Danbury, including a subclass of those who are medically vulnerable to COVID-19. The court granted in part the motion for a TRO and issued an order that requires the Warden at FCI Danbury to adopt an accelerated process for evaluating individuals with COVID-19 risk factors for home confinement and other forms of release. The petitioners argued that the warden had not acted quickly enough to process claims for home confinement and compassionate release, therefore placing incarcerated individuals at risk given that it was not feasible to implement proper social distancing measures at the prison facility. The court granted preliminary relief on the basis that under Eighth Amendment Deliberate Indifference, confinement at the prison presented a large risk of infection and that the warden had not acted quickly enough to place incarcerated in home confinement or grant compassionate release, noting that "only 159 inmates have been reviewed since March 26, and a mere 21 inmates have actually been placed on home confinement, out of a population of roughly 1,000."
The court also set a date for hearing on motion for preliminary injunction and ordered expedited discovery for the PI. § 2241 exhaustion was waived due to exception for undue prejudice caused by the delay. The PLRA did not apply to a § 2241 challenge to the fact of confinement, and since the class argued that nothing short of release would sufficiently protect them from COVID-19, that exception applied. The court did not reach the question of whether the denial of a compassionate release application would constitute res judicata barring the Eighth Amendment claims.
Martinez-Brooks v. Easter, No. 20-cv-569 (MPS) (D. Conn. May 12, 2020)
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
20-cv-569-MPS
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motions Partially Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Danbury
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
1) Martinez-Brooks: wire fraud; 2) Kenneth Cassidy: conspiracy to commit wire fraud and willful failure to file an income tax return; 3) Rejeanne Collier: conspiracy to possess with intent to distribute and to distribute one kilogram or more of heroin; 4) Jackie Madore: not mentioned.
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
1) Granted in part the inmates' motion for a temporary restraining order and issued an order that required the Warden to adopt an accelerated process for evaluating inmates with Covid-19 risk factors for home confinement and other forms of release 2) Ordered expedited discovery to adjudicate inmates' motion for preliminary injunction.
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Cancer, Cardiac Disease, Diabetes, Hepatitis, Hypertension (high blood pressure), Lung Disease, Medication-Related Immunocompromise, Obesity, Other, Bronchitis; scar tissue from a collapsed lung; benign head tumor
Pre-Existing Health Conditions Notes
1) Petitioner 1 (Martinez - Brooks) : Medication - Related Immunocompromise as a result of the prolonged use of corticosteroids for her inflammatory autoimmune disease (systematic lupus erythematosus). Also suffers from asthma and hypertension. 2) Petitioner 2, (Kenneth Cassidy): Three heart attacks, pneumonia in his right lung more than 20 times, asthma, coronary artery disease, and hypertension, and is morbidly obese. 3) Petitioner 3 (Rejeanne Collier): lupus, hypertension, and hepatitis C and has been treated for cancer while in custody. 4) Petitioner 4 (Jackie Madore): suffers from hypertension, hypothyroidism, and hepatitis C.
Class Action Medically Vulnerable People
Medically vulnerable inmates at high risk of serious illness or death from COVID-19. The court notes that “Serious illness and death is most common among people with underlying chronic health conditions, like heart disease, lung disease, liver disease, and diabetes, and older age.”
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.