The court was concerned that at the Wallace Pack Unit the number of positive COVID-19 tests, the number of deaths resulting from COVID-19, and the proportion of inmates infected are all high and increasing numbers. As of 5/22/20, 141 individuals at the Pack Unit have now tested positive for COVID-19 (out of around 600 tests), 700 tests remain pending, and five inmates who have died presumptively from COVID-19. In response to these number, Plaintiffs have requested (and the court orders), that Defendants to provide their plan, in writing, to isolate and treat the individuals at the Pack Unit who have now tested positive, and to protect those who have pending tests or have tested negative from contracting COVID-19. The court ordered Defendants to submit a list, in writing, “of changes in policies and practices at the Pack Unit since the discovery of the enormous escalation in the spread of the virus.” Id. at 2.
Valentine v. Collier, 20-cv-01115-KPE, No. 117 (S.D. Tex. May 23, 2020)
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
No
Case Tracking Number
20-cv-1115-KPE
MORE CASE INFORMATION
Court Name
S.D. Tex.
Decision
Other
Place of Incarceration
State Prison
Name of Facility
Wallace Pack Unit
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)
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Section 1983, § 2241 Habeas, Fed. R. App. P. 23(d)
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Exhaustion is not subject to equitable exceptions
Pre-Existing Health Conditions
Other, Psoriasis
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
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.