TRO granting release of three medically vulnerable (asthma and hypertension, asthma, and thyroid cancer) immigration detainees. Court required self-quarantine but not GPS monitoring. The court found that: "Respondents’ minimal interest in detaining individuals who are not a risk of flight is heavily outweighed by the strong interest of Petitioners and the community as a whole in protecting the health of Petitioners and the rest of us."
Other, Release, Temporary Restraining Order (TRO), Release, Remand to District Court (for release)
Type of Court
Federal District Court
Location
Ohio
Type of Case
Group
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
20-cv-2099-SDM-CMV
MORE CASE INFORMATION
Court Name
W.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Local / County Jail
Name of Facility
Morrow County Jail; Butler County Jail
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2254 Exhaustion, § 2254 Habeas, Fed. R. App. P. 12.1
Release Conditions
Immediate release; 14 day self-quarantine; no GPS monitoring; TRO in effect until PI hearing.
Convictions
Notes that two of the petitioners have "minimal, nonviolent criminal histories" and the third "has a more extensive criminal history" but "there is still no evidence in the record that he is a danger to the community."
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Organization Legal Filings Templates and Decisions
ACLU of Ohio; Covington and Burling
Attorney Email Posted on Site
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.