- U.S. Marshal's Memorandum of Law In Opposition to Petitionbr for a Writ of Habeas Corpus and Motion for a Preliminary Injunction and in Support of Cross-Motion to Dismiss, John Doe 1 v. Sozio, U.S. Marshal S.D.N.Y., No. 1:20-cv-02183-BMC (E.D.N.Y. May 25, 2020), ECF No. 33
Two John Does incarcerated at the Queens Detention Facility (QDF) awaiting sentencing for federal convictions filed suit against the U.S. Marshal's service and private jail contractors seeking a writ of habeas corpus under 28 U.S.C. SS 2241, claiming that the conditions of confinement at QDF are unconstitutional because the jails failure to pretect them from COVID-19 constitutes deliberate indifference to a substantial risk of harm in violation of the Eighth Amendment.
- Fact Sheet: The COVID-19 Crises in Federal Detention (9/9/20)
By Federal Sentencing Resource Counsel
The public health crisis in our federal prisons and jails is only getting worse. An updated factsheet prepared by Sentencing Resource Counsel includes links to sources and highlights that COVID-19 is ripping through Federal Bureau of Prisons (BOP) and infecting incarcerated individuals, at a mortality rate 2 times higher than the general population. It also sheds light on DOJ and BOP's inadequate use of home confinement and compassionate release, and how the crisis is impacting conditions of confinement for our clients who remain incarcerated.
- Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. SS 2241 and Complaint for Declaratory and Injunctive Relief, Carranza v. Koehn Warden, Nevada Southern Detention Center, No. 2:20-cv-1586 (D.D.NV. Aug. 26, 2020), Dkt. 1.
The subject of this litigation is the Nevada Southern Detention Center (NSDC), a private facility owned by CoreCivic and contracted by the USMS. NSDC primarily houses pretrial detainees, but also housed sentenced prisoners, prisoners in-transit between BOP facilities across the country, and ICE detainees. This litigatoin claims that the current conditions at NSDC are unconstitutional because they fail to protect inmates from the risks of COVID-19. Among other things, plaintiffs seek appointment of an expert to conduct an independent site visit to NSDC and to make recommendations to the Court about best practicises for containing the spread of COVID-19 at the facility, quarantine/cohort units, and treatment and placement of infected individuals. Moreover, plaintiff' seek to compel NSDC to adopt CDC best practice guidelines to protect the inmates from the impact and spread of COVID-19.
- Leadership Conference, ACLU and Federal Public and Community Defenders Letter to Congressional Leadership (4/2020)
Letter from The Leadership Conference on Civil and Human Rights, the ACLU, and the Federal Public and Community Public Defenders to Senate Majority Leader McConnel, Senate Minority Leader Schumer, House Speaker Pelosi, and House Minority Leader McCarthy urging Congress to adopt critical provisions to protect the health and safety of incarcerated individuals in the COVID-19 response package currently being negotiated, such as: (1) provisions that will dramatically reduce pretrial and prison populations; (2) an expansion of court authority to release individuals in BOP Custody; (3) Increases in the availability of home detention for elderly people; (4) provisions that facilitate essential communication with counsel; and (5) additional support at the federal, state, and local level to prevent, prepare for, and respond to coronavirus.
- Wilson v. Williams, No. 4:20-cv-00794 (April 22, 2020) (Order), Dkt. 22
Order in class action case directing FCI Elkton officials to evaluate eligibility of subclass of persons to transfer "out of [FCI] Elkton through any means, including but not limited to compassionate release, parole or community supervision, transfer furlough, or non-transfer furlough within two (2) weeks."
- US v. Mason, No. 1:18-cr-01065, Dkt. No. 467 (D.S.C. April 28, 2020) (Court Order and Opinion), Dkt. 467
Court grants presentence release to defendant pursuant to 18 USC SS 1342(i), finding defendant's asthmatic condition, COVID-19 pandemic and other circumstances (defendant's release plan and fact that two detention center employees tested positive for COVID-19) amounted to "another compelling reason" permitting release. In addition to the Order and Opinion, the attached pdf also includes: (1) Defendant's Motion for Release from Custody Pending Sentencing; (2) Defendant's Exhibits to Motion; (3) Government's Response to Defendant's Motion Requesting A Bond Hearing; (4) Defendant's Reply to Government's Response to Motion for Release from Custody Pending Sentencing; and (5) Supplemental Memorandum to Defendant's Motion for Release From Custody Pending Sentencing.
- Banks v. Booth, No. 19-cr-00039 (D.D.C. April 19, 2020) (Memorandum Opinion), Dkt. 49
Hon. Colleen Kollar-Kotelly grants some but not all injunctive relief sought by plaintiffs. The Court does not order release of any inmates detained at DOC facilities but orders variety of internal measures to protect detainees and DOC staff, educate detainees and train staff, contain COVID-19, treat those who are sick, and ensure ability for detainees to access to counsel and maintain cleanliness and social distance.
- Banks v. Booth, No. 19-cr-00039 (D.D.C. April 15, 2020) (Transcript of Telephone Conference Before the Hon. Colleen Kollar-Kotelly), Dkt. 93-2
This is the transcript from the hearing where the joint experts presented their findings regarding the conditions at the DC Jails.
- US v. McLean, No. 19-cr-380, Dkt. No. 21 (D.D.C. Mar. 28, 2020) (Court Order & Opinion, Emergency Motion for Release & Exhibits, Supplement to Emergency Motion)
Order states: "As counsel for the Defendant candidly concedes, the facts and evidence that the Court previously weighed in concluding that Defendant posed a danger to the community have not changed - with one exception. That one exception - COVID-19 - however, not only rebuts the statutory presumption of dangerousness, see 18 U.S.C. SS 3142(e), but tilts the balance in favor of release."
- US v. Stephens, No. 15-cr-95, Dkt. No. 2798 (S.D.N.Y. Mar. 19, 2020)
(Court Order & Opinion, Emergency Motion for Reconsideration of Bail Conditions)
Defendant ordered released in light of the "unprecedented and extraordinarily dangerous nature of the COViD-19 pandemic."
- US v. Kennedy, No 5:18-cr-20315 (E.D. Mich. Mar. 27, 2020), Dkt. 77
(Court Order & Opinion)
Court orders release of defendant presentence, even though pretrial release had been revoked,because of "the COVID-19 pandemic constitutes an independent compelling reason" for temporary release and "is necessary for Defendant to prepare his pre-sentence defense")
- US v. Nkanga, Memorandum Opinion & Order Granting Release, No. 18-CR-713 (S.D.N.Y. Mar. 31, 2020)
- Federal Public & Community Defenders Letter to AG Barr re: COVID-19 (4/1/20)
This letter urges the DOJ & BOP to "immediately reduce the number of people entering federal detention and aggressively transfer or release individuals detained in federal pretrial custody," pursuant to the powers granted to the AG to expand the availability of home confinement under the CARES Act.
- United States v. Davis, No. 20-cr-0009 (D. Md. 3/30/20) (Opinion granting release)
- Order Temporary Release (CA-C) (03/26/20)
- Order Invitation to Reconsider Detention (CA-C) (03/25/20)
- US v. Calvert, Reply to Government's Response to Defendant's Motion for Temporary Release (3/24/20) (D. Kan.)
- US v. Toro, Motion to Revoke Pretrial Detention Order Due to Danger Stemming From COVID-19 Complications (3/27/20) (E.D. Cal.)
- In the Matter of the Extradition of Alejandro Toledo Manrique, Order Granting Release (3/19/20) (N.D. Cal.)
- US v. Bell, Order Granting Emergency Motion for Immediate Transfer to Home Confinement (3/20)20) (D. Md.)
- US v Barkman, Order Granting Emergency Motion to Temporarily Modify Intermittent Confinement As a Condition Due to the COVID-19 Pandemic (3/17/20) (N. CA.)
- Defendant's Motion for Immediate Release from Custody in Response to COVID-19 Based Continuance, Exhibits (3/22/20) (D. Idaho)
NACDL Coronavirus Resources (last visited 3/20/20)
- Letters from FPDO to Court and Idaho Association of Criminal Defense Lawyers re COVID-19 (3/19/20) (D. Idaho)
Litigating the Racial Dimensions of the Federal Pretrial Detention Crisis (rev. 3/19/20)
By Alison Siegler
- Defendant's Emergency Appeal of Magistrate Judge's Detention Order (3/18/20) (D. Ariz.)
- Motion to Continue Self-Surrender Date (N.D. Cal.) (3/18/20)
- Emergency Appeal of Order Denying Release (D. Ariz.) (3/18/20)
- Opinion and; Order Granting Release by Judge Alison Nathan (S.D.N.Y.) (3/18/20)
- Memo to CJA Panel Lawyers re COVID-19 and Attachments (3/17/20) (EDWA)
- Emergency Motion for Amended Judgment (D. Md.) (3/17/20)
The Justice Collaborative (last visited 3/17/20)
This organization can assist with policy and communications around COVID-19 and vulnerable populations. The site also offers many resources addressing issues such as asking for release, explaining impact of jail on clients.
- Standing Order in Criminal Proceedings Before Judge Keith P. Ellison During Pendency of National Emergency (N.D. Tex.) (3/17/20)
Law in the Time of Corona: Federal Defense Edition
By Federal Public Defender, District of Oregon
- Standing Order re: Procedure for Review of Detention Orders In Light of Coronavirus Pandemic by Judge Nat Cousins (N.D. Cal.) (3/16/20)
- Sample Motion & Memorandum in Support of Pretrial Release and In Support of Community Efforts to Limit the Spread of COVID-19 (W.D. Wash.) (3/2020)
- Order Granting Defense Motion to Extend Deadline for Self-Surrender (D. Idaho) (3/16/20)
No need to wait for pandemics: The public health case for criminal justice reform (3/6/20)
By Peter Wagner and Emily Widra, Prison Policy Initiative
This site provides good arguments to support your clients' immediate release.