A court order acknowledging a settlement reached between the Virginia authorities and 27 inmates in Virginia Dept. of Corrections custody. Inmates who had less than a year to serve and were not convicted of certain violent crimes were eligible for release based on rolling application, along with medically vulnerable inmates. It also called for improved facility conditions and terms among those who remained incarcerated including, among other things, a waiver of the PLRA exhaustion requirement.
Whorley v. Northam, No. 3:20CV255-HEH, 2020 WL 2485923 (E.D. Va. May 12, 2020)
Elderly, Low-Level Offenses, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
20-cv-255-HEH
MORE CASE INFORMATION
Court Name
E.D. Va.
Decision
Other
Place of Incarceration
State Prison, Not specified
Name of Facility
Virginia Correctional Center for Women, Indian Creek Correctional Center, State Farm Correctional Center, State Farm Enterprise Unit, Haynesville Correctional Center, Coffeewood Correctional Center, Greensville Work Center, Fluvanna Correctional Center for Women, Dillwyn Correctional Center, Caroline Correctional Unit, Deerfield Correctional Center, Patrick Henry Correctional Center, Augusta Correctional Center
Release/improved conditions settlement set for the duration of the pandemic (to the court's discretion)
Convictions
Not specified
Case Status
Decision Made
Improved Conditions Ordered
The settlement calls for an improved medical grievance system, increased testing & hygiene measures, and overall education about the pandemic to all inmates not eligible for release.
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Organization Legal Filings Templates and Decisions
ACLU of Virginia
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.