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)
DETAILS
Decision
Date
6/15/2020
Practice Area
Criminal (State Charges)
Relief Requested
Monetary Relief, Release
Type of Court
Federal District Court
Location
Arizona
Type of Case
Individual
Case Characteristics
Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
3:20-cv-08107-DGC
MORE CASE INFORMATION
Court Name
D. Ariz.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Yavapai County Detention Center
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Other, Section 1983, 28 U.S.C. § 1915A(a), Fed. R. Civ. P. 8(a)(2)
Case Status
Decision Made
COVID-19 Positive or Symptomatic
Not discussed
Charges
Unspecified felony and misdemeanor charges
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.
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