The court denied compassionate release after waiving exhaustion and finding release would have been warranted, but for the fact that the individual tested positive for COVID-19 on the day the decision was written. The court found that exhaustion was a “claim processing rule” and it was within congressional intent to equitably waive exhaustion in these circumstances. The court had planned to release the individual to a halfway house for the remainder of his sentence, despite his lengthy criminal history and disciplinary record, due to age and medical conditions, but held that because he was COVID-19 positive and not terminally ill, he would no longer benefit from release.
United States v. Russo, No. 16-cr-441, 2020 U.S. Dist. LEXIS 65390 (S.D.N.Y. Apr. 14, 2020)
DETAILS
Decision
Date
4/14/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Low-Level Offenses, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
16-cr-441-LJL
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Correctional Center
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)
Organization Legal Filings Templates and Decisions
Federal Defenders of New York
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.