The court denied an individual's petition for release under § 3142 of the Bail Reform Act. Petitioner is diabetic and awaiting trial on charges conspiring to sell heroin; he was denied bail due to being considered a flight risk and danger to the community. The detainee argued that his diabetes, combined with the risk of contracting COVID-19 while in custody, weighed in favor of him being released. However, the court rejected this argument, noting that there was no evidence of COVID-19 infections at the detention facility and that numerous steps were being taken by CoreCivic, who operated the privately run facility, to ensure the safety of detainees including testing, quarantine measures, and implementation of sanitation best practices. The court also held that petitioner's plan to reside with his mother in Chicago via electronic monitoring would not mitigate his risk of infection, given that "if he remains at CoreCivic he has access to around-the-clock medical care, [and] the facility is staffed and trained to contain or treat the virus if necessary."
United States v. Clark, No. 19-40068-01-HLT, 2020 WL 1446895 (D. Kan. Mar. 25, 2020)
DETAILS
Decision
Date
3/25/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Kansas
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
5:19-cr-40068-HLT
MORE CASE INFORMATION
Court Name
D. Kan.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Leavenworth Detention Center
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Attempted murder; Aggravated battery with a firearm; Possession of a firearm; Felony unlawful restraint; Domestic battery; Felony property damage; Threatening a police officer
Case Status
Decision Made
Pre-Existing Health Conditions
Age, Diabetes, High Cholesterol, Hypertension (high blood pressure), Other, Traumatic Brain Injury, Right-side Hemiplegia (muscle weakness/partial paralysis on right side of body)
COVID-19 Positive or Symptomatic
No
Charges
Conspiring to manufacture, distribute, and possess with the intent to distribute substantial quantities of fentanyl and heroin (and derivatives thereof); Being responsible for death from a drug overdose (obtained due to the conspiracy)
COVID-19 in Jail Prison or Detention Center
No
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.
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