The court issued released 18 individuals with substantial risk factors, including individuals charged with violent crimes. While jail officials asserted that it had taken “reasonable care” to mitigate the risk posed by COVID-19, the court found that some petitioners' continued confinement in Rikers violated their federal and state due process rights. The court denied some petitions, concluding that the petitioners were not in more danger than the average inmate.
People ex rel. Stoughton v. Brann, 122 N.Y.S.3d 866 (Sup. Ct. N.Y. Co. Apr. 6, 2020)
DETAILS
Decision
Date
4/6/2020
Practice Area
Criminal (State Charges)
Relief Requested
Release
Type of Court
State Appellate Court
Location
New York
Type of Case
Group
Case Characteristics
Elderly, Parole or Probation Violations, Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
451078/2020
MORE CASE INFORMATION
Court Name
Supreme Court of New York, New York County
Decision
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
Rikers Island
Legal Authority
Procedural Due Process (both 14th and 5th Amendments)
Legal Authority
NY CLS Const Art I
Legal Authority
NY CLS CPLR § 7001
Release Conditions
temporary release ; home confinement
Case Status
Decision Made
Motions Partially Granted
The court ordered that 18 petitioners with substantial risk factors be released from Rikers, including individuals charged with violent crimes. The court denied the petition for the other individuals, because they were not more at risk than the average person at Rikers
Not fully discussed but one individual was charged with murder.
COVID-19 in Jail Prison or Detention Center
Yes
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.