U.S. v. Foreman (D. Conn.) - Compassionate Release Grant - Non-CDC Risk Category
The court granted a motion for compassionate release. Exhaustion was satisfied because the warden at the prison where the defendant was incarcerated at denied her request for release. The court held that the defendant’s medical condition of hypertension, while falling outside of CDC’s risk category of “pulmonary hypertension,” placed her at significant risk of contracting COVID-19 combined with her age and obesity. In light of the fact that the defendant is a first-time offender of a non-violent crime, and the COVID-19 outbreak in FCI Danbury (where the defendant was incarcerated at), the court deemed it appropriate to grant the defendant’s motion.
United States v. Foreman, No. 3:19-cr-62 (VAB), 2020 WL 2315908 (D. Conn. May 11, 2020)
DETAILS
Decision
Date
5/11/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Elderly, Low-Level Offenses, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
3:19-cr-62-VAB
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Prison, Federal Medical Center
Name of Facility
FCI Danbury
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Section 1983, § 2241 Habeas
Release Conditions
Immediate start of a previously-imposed term of supervised release; the defendant must self-quarantine for 14 days; the defendant must also contact her physician and get tested if instructed to do so
Convictions
Tax evasion, in violation of 26 U.S.C. § 7201
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Government urged to waive exhaustion requirement by Court. Warden then denied release application and exhaustion was rendered moot.
Pre-Existing Health Conditions
Age, Asthma, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure), Obesity, Other, Substance Use Disorder, Prior Heart Attack
Pre-Existing Health Conditions Notes
Age: 58; Obesity: unknown BMI, not high enough to create the highest risk but still a factor in the court's consideration
COVID-19 Positive or Symptomatic
No
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.