The court denied motions for reconsideration on petitioner's compassionate release as well as his alternate request for a habeas writ on the theory of his continued detention constituting 8th Amendment deliberate indifference. On both claims the court cited the lack of any pre-existing health conditions and the lack of any reported cases at his facility at the time of filing. In addition, his claims were still pending appeal in the First Circuit so the court also denied release on bond prior to the appeal, citing a lack of "a clear, and readily evident, case on the facts" or "some circumstance making this application exceptional and deserving of special treatment" since he could still access the legal library at his facility. Id at *2.
United States v. Zimny, No. 13-CR-10024-RWZ, 2020 WL 2475646 (D. Mass. May 13, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments)
Organization Legal Filings Templates and Decisions
Thompson and Thompson, PC
Attorney Email Posted on Site
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.