The court granted a motion for compassionate release for individual due to her medical conditions and high number of Covid-19 cases at the facility. The court found that the combination of age (58), hypertension and obesity (even though not the most severe) made the individual vulnerable.
United States v. Foreman, No. 3:19-cr-62 (VAB) 2020 WL 2315908 (D. Conn. May 11, 2020)
Criminal (Federal Charges)
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%), Went to trial
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Mandatory 14-day self-quarantine at home, and to contact physician for testing. If positive, to report to the BOP.
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., Exhaustion is subject to equitable exceptions., Other, Gonzalez has met the exhaustion requirement (government did not contest)
The combination of age (58), hypertension and obesity (even though not the most severe) makes the individual vulnerable.
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.