The court granted an individual's request for compassionate release under the First Step Act due to a multitude of pre-existing health issues including severe severe coronary artery disease, hypertensive retinopathy (a disease "typically caused by prolonged high blood pressure which damages the retina’s blood vessels, limits the retina’s function, and puts pressure on the optic nerve”), osteoarthritis of the right knee, atrial fibrillation, and moderate chronic kidney disease. The government tried to have the case dismissed for lack of jurisdiction, since the initial request to BOP did not mention COVID-19 (even if the subsequent court motion did), but the court "resolved the defendant’s motion without any consideration of COVID-19." Rather, the court ruled on the basis of the incarcerated individual's age and deteriorating health, which "substantially diminishes [his] ability to function in a correctional facility.” The court declined to give BOP the deference it requested in determining what constituted “extraordinary and compelling reasons" for release, and also found that the incarcerated individual was not a danger to the community given a lack of disciplinary issues for the last 26 years of his incarceration.
United States v. Lynn, No. CR 89-0072-WS, 2020 WL 3229302 (S.D. Ala. June 15, 2020)
DETAILS
Decision
Date
6/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Alabama
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Age (65); Cardiac issues include atrial fibrillation and severe coronary artery disease
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.