Plaintiff sought a declaratory judgment stating that the Federal Bureau of Prisons' ("BOP") failure to test inmates and separate those infected with COVID-19 violates the Eight Amendment's prohibition on cruel and unusual punishment, as well as 18 U.S.C. § 4042, which states that the BOP has a duty to provide for "the safekeeping, care, and protection of federal prisoners." Plaintiff further sought an injunction requiring the BOP to test all inmates in BOP custody for COVID-19 and segregate those who test positive from those at high risk for severe illness, and sought certification of this case as a class action and appointment of counsel. The court granted the BOP's motion to dismiss and denied the request for appointment of counsel because Plaintiff failed to exhaust his administrative remedies before filing his complaint.
Other, Unspecified "Underlying Medical Conditions"
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.