The defendant sought compassionate release, having served 75% of his 84-month sentence, due to a significant Covid-19 outbreak at the prison resulting in at least nine deaths. The defendant had pre-existing health conditions including a prior heart attack and asthma. The government argued that the defendant had not exhausted his administrative remedies because he filed the motion before 30 days had passed from the prison's receipt of his request. The Court issued its ruling 30 days after the prison's receipt of the request, in which time the Warden had not responded, and held that due to the defendant's limited criminal history, pre-existing conditions, and limited prison infractions, he was qualified for relief.
United States v. Bright, No. 2:15-CR-00015-005 (JEJ), 2020 WL 2537508 (W.D. Va. May 19, 2020)
DETAILS
Decision
Date
5/19/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
2:15-CR00015-005
MORE CASE INFORMATION
Court Name
W.D. Va.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Elkton
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Defendant must serve four months of home incarceration upon release; Defendant must comply with requirements applicable to his place of residence or employment to reduce infection by the coronavirus
Convictions
Conspiring to possess with intent to distribute Alpha-PVP
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Other, The exact wording: "[A] court may do so only upon motion of the Director of the Bureau of Prisons ("BOP") or "upon motion of the defendant after the defendant has fully exhausted all administrative rights to appeal a failure of the [BOP] to bring a motion on the defendant's behalf or the lapse of 30 days from the receipt of such a request by the warden of the defendant's facility, whichever is earlier.'"
Pre-Existing Health Conditions
Asthma, Cardiac Disease, Diabetes, Hypertension (high blood pressure), Kidney Disease, Other, Substance Use Disorder, Pulmonary Disease, Herniated and ruptured disks in the back; suffered a heart attack in 2014
Pre-Existing Health Conditions Notes
Asthma (severity unspecified); Substance Use Disorder (Alcohol, marijuana, pain medication, bath salts - unclear if use is prior or current)
COVID-19 Positive or Symptomatic
Not discussed
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.