Plaintiff asserted a cause of action for "deliberate indifference to serious medical needs and conditions of confinement in violation of the Eighth Amendment." On April 27, 2020, Plaintiff noticed that he had symptoms associated with COVID-19 and, despite informing prison officials, no action was taken until May 4, 2020 when he tested positive for COVID-19 and was quarantined. Plaintiff was unable to shower or change clothes for two weeks, and "was provided no medical attention despite having a fever, 'burning' in his nose, and a lost sense of taste and smell." The court found that Plaintiff failed to show that prison officials "disregarded a substantial risk" to his health or that they were personally involved in creating the conditions of confinement of which Plaintiff complained, and dismissed the case for failure to state a claim upon which relief could be granted. The court further concluded that the matter shall count as one "strike" under the Prison Litigation Reform Act's ("PLRA") three strikes rule.
None
DETAILS
Decision
Date
05/17/2021
Practice Area
Criminal (State Charges)
Relief Requested
Monetary Relief, Other
Type of Court
Federal District Court
Location
South Carolina
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Compassionate Release Case
No
Case Tracking Number
0:20-cv-02675-JMC
MORE CASE INFORMATION
Court Name
D.S.C.
Decision
Other
Place of Incarceration
State Prison
Name of Facility
Kirkland Correctional Institution of the South Carolina Department of Corrections
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.