The court denied without prejudice Petitioners' filing seeking placement in home confinement. The court stated that the petitioners' claims were not properly brought under Bivens. Insofar as the filing was intended as a habeas petition, the court dismissed it on the ground that it should have been brought in the sentencing court under 18 U.S.C. § 3582; it failed to define the scope of the class or the legal claims; and the petitioners, as pro se litigants, were not qualified to represent a class.
Price v. Quintana, No. CV 5:20-246-JMH, 2020 WL 3405206 (E.D. Ky. June 19, 2020)
DETAILS
Decision
Date
6/19/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Kentucky
Type of Case
Class Action
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
5:20-cv-00246-JMH
MORE CASE INFORMATION
Court Name
E.D. Ky.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FMC-Lexington
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas
Case Status
Decision Made
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Yes
Potential Research
Failure of pro se litigants to proceed; incorrect filing of pro se litigation on behalf of class
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.
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