The court affirmed the magistrate judge's prior decision to grant an individual supervised release under 18 U.S.C. § 3142 (Bail Reform Act), moving him from a county jail to a "dual-diagnosis residential treatment program" to help treat his mental health and substance abuse disorders. The individual had previously been released on bail but violated conditions of release by "repeatedly failing drug tests and ignoring home confinement orders" and also was later arrested for threatening his roommate. However, while detained for the subsequent eight months, he had no disciplinary issues. The court rejected the government's argument that he was a "danger to the community," noting many of his previous issues were the result of his methamphetamine addiction (which is to be treated) and that his internet access is to be restricted to ensure he cannot access child pornography. The court also noted that the "COVID-related restrictions currently in place at Santa Rita . . . make communicating with counsel exceptionally difficult" and that his release would ensure he can properly prepare for his trial.
United States v. Parmer, No. 18-CR-00267-RS-1, 2020 WL 2213467 (N.D. Cal. Apr. 14, 2020)
Criminal (Federal Charges)
Class Certification, Delayed Surrender, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Santa Rita County Jail
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Individual is to be moved into a "dual diagnosis" facility to help treat his mental health and substance abuse disorders; Electronic monitoring; Restricted internet access
Prior to the case, he was convicted for "sexual contact with a 12-year-old girl by force or threat of force."
Decision Made But Case Still Pending
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.
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.