The court denied the defendant’s motion for release pending sentencing, ruling that the defendant had not shown that he is not likely to flee or pose a danger to any other person or the community if released. The court asserted the “defendant’s speculative fears of COVID-19 infection are insufficient to make a showing of exceptional reasons why his detention is no longer appropriate.” There were no documented cases of COVID-19 at the jail where the defendant was housed even though the defendant had an unspecified condition that, according to the CDC, put him at a higher risk of developing complications if he contracted COVID-19.
United States v. Fisher, No. 2:19-CR-060, 2020 U.S. Dist. LEXIS 93267 (E.D. Tenn. May 28, 2020)
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
2:19-cr-00060-RLJ
MORE CASE INFORMATION
Court Name
E.D. Tenn.
Decision
Motion Denied
Place of Incarceration
Local / County Jail, Not specified
Name of Facility
Carter County Jail
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)
Conspiring to distribute methamphetamine 841(a)(1), 841(b)(1)(A)
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.
Pre-Existing Health Conditions
Asthma, Diabetes, Hypertension (high blood pressure), Other, Substance Use Disorder, Unspecified condition considered high risk by CDC
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.