The court denied the individual’s motion to review a pre-trial detention order despite the fact that he had previously tested positive for COVID-19, from which he had since recovered, and despite his underlying condition of asthma. The petitioner argued that his continued detention violated his due process right to be free from pretrial punishment, but the court found that detention was reasonably related to a legitimate government objective, as the conditions in the facility were adequate to contain the spread of the virus. The court also found that the individual posed a danger to society due to his criminal history and the fact that the current case involved a probation violation and video-captured violence, where he still faced charges of assault and battery with a dangerous weapon.
United States v. Mojica, No. 1:19-cr-10459-RWZ (D. Mass. Jun. 17, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Wyatt Detention Facility
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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.