The court denied the individual’s motion to compel the Marshal and Sheriff to administer a COVID-19 test, finding that it should be brought as a civil action rather than as part of the individual’s criminal suit as the current motion “does not properly apprise [the Marshal and the Sheriff] or allow them to defend the claim.” In response to the argument that lack of testing will impede the individual’s ability to access counsel, the court determined that he does not exhibit COVID-19 symptoms and would be tested if he did, and as he has opted to use video conferencing to confer with his counsel, the need is satisfied. Finally, the court determined that as the facility has adequate isolation procedures in place, the individual has not established how the possibility of being an asymptomatic COVID-19 carrier would be relevant to sentencing or material to continued detention pending sentencing.
United States v. Aguilar, 2:19-cr-00127, 2020 WL 4261347 (M.D. Fla. Jul. 24, 2020)
DETAILS
Decision
Date
7/24/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions
Type of Court
Federal District Court
Location
Florida
Type of Case
Individual
Case Characteristics
Pretrial Detention [jail]
Compassionate Release Case
No
Case Tracking Number
2:19-cr-00127-JLB-NPM
MORE CASE INFORMATION
Court Name
M.D. Fla.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Glades County Jail
Case Status
Decision Made
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.