The court denied both compassionate release and § 2254 habeas relief. For § 2254, the court held that Williams was unlikely to succeed on the merits of his argument for ineffective assistance of counsel and, in any event, he had failed to show his eye disease placed him at higher risk for COVID-19. As for compassionate release, his concurrent state and federal custody meant the court could not release him, as it did not have the power to reduce his state sentence. The court dismissed the compassionate release claim without prejudice, so in the event that Williams could separately reduce his state sentence, he could refile for compassionate release.
Williams v. Keiser, No. 1:17-cv-01040, 2020 WL 2028256 (W.D.N.Y. Apr. 28, 2020)
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Sullivan Correctional Facility, Fallsburg, NY
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
State manslaughter; separate federal RICO conviction
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., Exhaustion is subject to equitable exceptions.
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.