The court denied the petitioner's motion for emergency release, which it construed as a motion for a preliminary injunction. Among various non-COVID-19 related claims, the petitioner argued that his continued detention in light of COVID-19 constituted deliberate indifference. The petitioner was approximately twenty-six years old and did not report any underlying health conditions that would place him at higher risk of COVID-19. Furthermore, the court also found that the jail had taken reasonable steps to prevent the spread of COVID-19.
Ousman D. v. Decker, No. CV 20-2292 (JMV), 2020 WL 1847704 (D.N.J. Apr. 13, 2020)
Bond Hearing, Release
Type of Court
Federal District Court
Type of Case
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Bergen County Jail
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
§ 2241 Habeas
Petitioner has been arrested and charged with criminal offenses at least eight times, the most recent of which resulted in a guilty plea to robbery in the third degree. The robbery conviction was pardoned by the Governor.
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.