Denial of compassionate release to individual in pretrial detention with significant criminal history and disciplinary infractions in prison. Court held that Eighth Amendment does not apply to pretrial detention and that Covid-related prison conditions were not punitive under the Fifth Amendment.
United States v. Ortiz, No. 19-CR-259, 2020 WL 2794598 (M.D. Pa., May 29, 2020).
DETAILS
Decision
Date
5/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Pennsylvania
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
No
Compassionate Release Case
No
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
19-cr-00259-JEJ
MORE CASE INFORMATION
Court Name
M.D. Pa.
Decision
Motion Denied
Place of Incarceration
State Prison, Federal Medical Center
Name of Facility
Dauphin County Prison
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)
Criminal history from age 12 including possession of controlled substances, escape, and firearms charges
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Asthma, Cancer, Cardiac Disease, Diabetes, Hypertension (high blood pressure), Obesity, Other, Pre-Diabetes, Serious and Persistent Mental Illness (SPMI), Tuberculosis, In need of orthopedic surgery
Pre-Existing Health Conditions Notes
Asthma (no clinical evidence)
COVID-19 Positive or Symptomatic
Not discussed
Charges
Conspiracy to distribute controlled substances; delivery of controlled substances; possession of firearms in furtherance of drug trafficking activity; possession of contraband while in prison
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.
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