The court denied one petitioner's request for release because he was twenty-six years old and had not alleged any particular medical or physical condition which rendered him more susceptible than other members of the general jail population to becoming infected by COVID-19. The court granted the other petition, holding that this petitioner's due process rights were violated given the extraordinary circumstances of COVID-19 and because of the petitioner's medical conditions, as well as the lack of adequate medical facilities at the jail.
People ex rel. Gregor v. Reynolds, 2020 NY Slip Op 20086 (Sup. Ct. Essex Co. Apr. 17, 2020)
DETAILS
Decision
Date
4/17/2020
Practice Area
Criminal (State Charges)
Relief Requested
Release
Type of Court
State Trial Court
Location
New York
Type of Case
Group
Case Characteristics
Parole or Probation Violations, Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
CV20-0150
MORE CASE INFORMATION
Court Name
Supreme Court of New York, Essex County
Decision
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
Essex County Jail
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
NY CLS CPLR § 7001, CPL § 510.10
Release Conditions
For petitioner who had been held on a parole hold, release was conditioned on the continuation of bail, appearance in the parole violation proceeding, and compliance with the conditions of the parole.
Case Status
Decision Made But Case Still Pending
Motions Partially Granted
One petitioner's request for release from the county jail was denied because he had not alleged any particular medical or physical condition which rendered him more susceptible than other members of the general jail population to becoming infected by COVID-19. The other petitioner's motion for release was granted because he had medical preconditions that put him at risk of COVID-19.
Pre-Existing Health Conditions
Hypertension (high blood pressure), Obesity, Other, High Lipid Levels
COVID-19 Positive or Symptomatic
No
Charges
One petitioner was charged with petit larceny and felony bail jumping in the second degree. One petitioner was charged with a drug offense and also was held on a parole warrant.
COVID-19 in Jail Prison or Detention Center
No
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.