The district court granted compassionate release to a 71-year-old individual who suffered from “serious underlying and pre-existing medical conditions” including chronic kidney disease, hypertension, pulmonary hypertension, sleep apnea, shingles, and a frozen thigh, and has been diagnosed with suspected recurrent bladder cancer. Prior to incarceration, he also had a quadruple bypass, arrhythmia, four knee replacement surgeries, poor vision (diabetes), neuropathy, hearing loss, compressed back discs, shortness of breath, rhinopathy (Sinusitis), and severe headaches. Together, these conditions placed him in the COVID-19 “highest-risk category for complications and death from the disease if infected.” There had been numerous cases of COVID-19 in the prison facility and the defendant’s cellmate had also tested positive for COVID-19. Even though the defendant was not scheduled to be released for three years, the court waived the exhaustion requirement on account of his underlying illnesses and found that his age and health conditions constituted extraordinary and compelling reasons.
United States v. Saad, No. 2:16-cr-20197-DPH-MKM, Dkt. No. 65 (E.D. Mich. May 5, 2020)
Criminal (Federal Charges)
Class Certification, Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Court
State Highest Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas, § 2255 Habeas
Home confinement with electronic location monitoring and upon such other conditions as the Probation Department deems necessary.
Unlawful Distribution of Controlled Substances
Compassionate Release Exhaustion Holdingsin Federal Case
Age (71), Cancer (suspected recurrent bladder cancer)
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.