The Court granted defendant’s motion for Compassionate Release and waived the exhaustion requirement. As the BOP is not accepting new inmates, the Court found that it was impossible for defendant to meet the exhaustion requirement.
United States v. Witherspoon, No. 3:16-cr-30041 (SEM-TSH), Dkt. 50 (C.D. Ill. May 28, 2020)
Criminal (Federal Charges)
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail, Unknown
Name of Facility
Sangamon County Jail
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Strict 14-day isolation quarantine beginning at the time of his release (including while he travels from the detention facility to his girlfriend's house); and telephonic monitoring.
Aggravated fleeing and eluding; resisting arrest; and aggravated battery to a police officer.
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions., Other, "The Court concludes that § 3582(c)(1)(A) does not require the Court to wait to consider a compassionate release request if there is a credible claim of serious and imminent harm from this pandemic." Id. at 9.
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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