Compassionate release motion denied without prejudice for failure to exhaust. Defendant, 35, suffered from chronic back pain, obesity, pre-diabetes, bipolar disorder, anxiety, and had a prior heart attack. On renewed motion after 30 days, release was granted due to increasing COVID cases at FMC Lexington. Defendant was sentenced to time served on his 3 year sentence, of which he had served 23.5%, and 3 years of supervised release.”
United States v. Demaria, No. 1:17cr569(ER), 2020 WL 1888910 (S.D.N.Y. Apr 16, 2020)
DETAILS
Decision
Date
4/16/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
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
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
1:17-cr-00569-ER
MORE CASE INFORMATION
Court Name
E.D. Cal.
Decision
Motion Denied
Place of Incarceration
Federal Prison, Unknown
Name of Facility
FMC Lexington
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.
Pre-Existing Health Conditions
Age, Anxiety, Asthma, Bi-Polar Disorder, Cancer, Cardiac Disease, High Cholesterol, Hypertension (high blood pressure), Obesity, Other, Chronic back pain, pre-diabetes
Pre-Existing Health Conditions Notes
Obesity (38.6 BMI)
COVID-19 Positive or Symptomatic
No
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.
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.