Abari filed a second motion for release from custody pending trial arguing that he was not a flight risk or danger to society, that the jailers and inmates were not wearing masks, and that the jail lacked the medical equipment he needed (a CPAP machine for his asthma). The government responded that Abari was "merely rehashing the same arguments previously made and rejected by the Court". The court found that Abari "failed to provide any medical records concerning the need for such" equipment, and that "all inmates and staff are required to wear masks and the only place inmates do not have to wear masks is in their assigned cell". The court cited an email and the fact that the jail upgraded its camera system to conclude that Abari's claims were false.
United States v. Abari, No. 19-103 (01) (MJD/ECW), 2020 WL 5877607 (D. Minn. Oct. 2, 2020)
DETAILS
Decision
Date
10/02/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Minnesota
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Pretrial Detention [jail]
"conspiracy to distribute controlled substances, specifically Fentanyl, two counts of possession with the intent to distribute controlled substances, specifically Fentanyl and Heroin, and felon in possession of a firearm."
COVID-19 in Jail Prison or Detention Center
Yes
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.