The court ruled, prior to adjudicating an incarcerated individual's motion for compassionate release, that the individual must be examined by a cardiologist to determine whether or not he was at risk for adverse health consequences due to COVID-19. The individual requested compassionate release under the First Step Act and had a heart condition. He was previously diagnosed with COVID-19 but had not had any recent symptoms. The court requested the cardiology exam because there were still uncertainties regarding the impact of COVID-19 on his heart condition, in addition to uncertainties regarding his risk of reinfection and "[w]hether Defendant is more likely to infect third parties at FCI Terminal Island or if released and transported to his parents’ residence."
United States v. McCade, No. 1:10-cr-00082 (S.D.N.Y. Jun. 11, 2020)
DETAILS
Decision
Date
6/11/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:10-cr-00082-RJS
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Case Pending
Place of Incarceration
Federal Prison
Name of Facility
FCI Terminal Island
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Cardiac Disease
COVID-19 Positive or Symptomatic
Yes
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.