Compassionate release granted to 70 year old individual with liver transplant, squamous cell carcinoma, and history of three heart attacks. Court had previously denied request in March 2020, but conditions at the prison worsened with multiple confirmed COVID-19 cases and BOP guidance changed.
United States v. Cosgrove, No. 2:15-cr-00230-RSM, Dkt. No. 95 (W.D. Wash. Apr. 15, 2020)
DETAILS
Decision
Date
4/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Washington
Type of Case
Individual
Case Characteristics
Elderly, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Sole available caretaker for family member
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
15-cr-00230-RSM
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Terminal Island
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
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 Bureau of Prisons communicated that because Defendant was not yet in a designated facility there was no one able to process her request. Defendant has effectively exhausted her administrative remedies by petitioning the BOP, giving them notice, and being told she does not have any other administrative remedies.
Age 70; Cancer (squamous cell carcinoma on face and scalp); Medication-related Immunocompromise (immune suppressants following transplant)
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.