Most v. Watson (S.D. Ill.) - Habeas Petition Denied - Failure to Exhaust and Moot Claims
Petitioner George Most filed a habeas corpus action pursuant to 28 U.S.C. § 2241, seeking immediate release on bond pending his sentencing. Petitioner asserted that his age and medical conditions (56 years old, elevated blood pressure, respiratory distress, overweight, bronchitis), combined with the inadequate measures taken by the jail (inmates tested positive, not allowed to keep his face mask, not quarantined) place him at a risk of serious or deadly complications should he contract coronavirus. In response, the court first noted that Most can no longer seek relief through § 2241, because it is a habeas law for pretrial detainees, and Most has been sentenced while waiting for the order on this petition. Accordingly, the court examined Most’s petition under 28 U.S.C. § 2254(b) and denied it because he has not first exhausted the remedies available in the courts of the State and because he was asking the court to interfere with ongoing state criminal proceedings, which federal courts cannot do under the abstention doctrine. Petitioner asserted that the exhaustion requirement should be waived in his case, because of the state court’s “animosity” toward him and its “profound reluctance to hear his motions,” but the court rejected this argument, finding that Petitioner still has procedures available to him under Illinois law.
Most v. Watson, No. 20-cv-493-NJR, 2020 U.S. Dist. LEXIS 113613 (S.D. Ill. June 30, 2020)
DETAILS
Decision
Date
06/30/2020
Practice Area
Criminal (State Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
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.