The Court denied a habeas petitioner's motion for immediate release to home confinement pending the resolution of his petition because of COVID-19. Petitioner was in custody pending his extradition to Colombia, where he had been convicted of aggravated murder. While the international extradition statute did not prohibit release on bail, Petitioner did not demonstrate that he was not a flight risk by clear and convincing evidence. The Court further rejected Petitioner's argument that he faced a significant risk of contracting COVID-19 in federal prison given his preexisting health conditions (age, hypertension, heart conditions), finding that the prison where he was incarcerated (FCI Seagoville) had had only one confirmed case of COVID-19 and that the BOP has implemented measures there to prevent the spread of the violence. The Court additionally rejected Petitioner's Eighth Amendment claim that pretrial detention during COVID-19 constitutes cruel and unusual punishment.
Risner v. Fowler, No. 3:19-CV-03078-N (BT), 2020 WL 2110579 (N.D. Tex. May 1, 2020)
Criminal (Federal Charges)
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Eighth Amendment - Deliberate Indifference
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, § 2241 Habeas Exhaustion, International Extradition, 18 U.S.C. § 3184
Compassionate Release Exhaustion Holdingsin Federal Case
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.