The court denied the petitioner’s emergency application for a stay of execution because petitioner was unable to satisfy the four factors necessary for a preliminary injunction, noting in particular the petitioner's relatively young age (43) and lack of any underlying health conditions putting him at a higher risk of contracting COVID-19, despite the facility having numerous cases. The court ruled that the case law does not support “a finding of irreparable harm based on ‘generalized’ COVID-19 fears."
Pettus v. Warden, No. 1:20-cv-00187. Dkt. 22 (S.D. Ohio May 26, 2020)
Criminal (State Charges)
Delayed Surrender, Improved Conditions, Release
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Low-Level Offenses, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Other, Federal Medical Center
Name of Facility
Franklin Medical Center
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Prison Litigation Reform Act (PLRA) Exhaustion, § 2241 Habeas, Emergency Application for a Stay of Execution, 28 U.S.C. § 2251
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.