The Court denied defendant’s renewed request for temporary release finding that defendant’s medical condition (having one kidney) did not support a finding of a compelling medical reason warranting release, and that there was no evidence it placed him at increased risk during a Covid-19 infection.
United States v. Sims, No. 7:19-cr-00857-NSR, Dkt. 85 (S.D.N.Y. May 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history, Went to trial
Case Tracking Number
19-cr-00857-NSR
MORE CASE INFORMATION
Court Name
E.D. Cal.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Not specified in the document
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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.