Compassionate release denied to individual who did not satisfy exhaustion requirement. Court held that exhaustion requirement was not subject to equitable exceptions, but reprimanded the government for continuing to require exhaustion during a pandemic, saying that this creates a "fundamentally unjust, chaotic system."
United States v. McIndoo, No. 1:15-cr-00142 EAW, 2020 WL 2201970 (W.D.N.Y. May 6, 2020).
Criminal (Federal Charges)
Improved Conditions, Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Compensatory and punitive damages and injunctive relief
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%), Was sentenced as an Armed Career Criminal under the Armed Career Criminal Act (ACCA)
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)
RICO conspiracy; Possession of firearms in furtherance of drug trafficking
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Exhaustion is not subject to equitable exceptions
Pre-Existing Health Conditions
Age, Cancer, Diabetes, Hypertension (high blood pressure), Other, In need of orthopedic surgery
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.