Ryan Welch filed an Application to Proceed In Forma Pauperis pursuant to 28 U.S.C. § 1915(a) and a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 seeking release from custody and monetary relief. The court granted the In Forma Pauperis application but dismissed the § 1983 complaint with leave to amend. First, the court reasoned that petitioners cannot obtain release from custody in a § 1983 proceeding and that the federal remedy for challenging confinement is a petition for writ of habeas corpus. Second, as for Welch’s allegations regarding mistreatment by detention center (violent treatment, vitamin D deficiency due to lack of outside activity, health risk due to COVID-19), the court dismissed all of them because the allegations were too vague and conclusory. Lastly, the court emphasized that Welch could submit an amended complaint to cure the failure to state a claim, and that Welch’s failure to timely comply with every provision of the court's order could result in a dismissal.
Welch v. Maxson, No. 3:20-cv-08107-DGC, 2020 WL 3200353 (D. Ariz. June 15, 2020)
Criminal (State Charges)
Monetary Relief, Release
Type of Court
Federal District Court
Type of Case
Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Local / County Jail
Name of Facility
Yavapai County Detention Center
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Other, Section 1983, 28 U.S.C. § 1915A(a), Fed. R. Civ. P. 8(a)(2)
COVID-19 Positive or Symptomatic
Unspecified felony and misdemeanor charges
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.