BOP COVID-19 Problems Persist: Virus Counts Continue to Rise as Lack of Medical Care Becomes More Evident

 

Continuing Pandemic Spotlights Federal Prisons Officer and Medical Staff Shortages

 

by Derek Gilna

 

            One of its most horrifying moments in the movie, "Titanic," is when the ship's orchestra, called on deck to dutifully perform while the doomed ship continues to sink, suddenly falls silent as it is engulfed by the cold north Atlantic waters. So it is at many federal prison facilities, where gaping personnel shortages  at  most institutions has put prisoners, staff, and people in surrounding communities at rising risk. Meanwhile, the Director and his staff continue to dutifully perform the "nothing to see here" music as the  relentless virus continues to degrade  poorly-treated prisoners' health nationwide.

            USP Thomson has only 67% of its staff compliment, according to the local union president, who complains that staff is not provided with testing resources unless it obtains one privately, apparently as a matter of agency policy. "Who is going to man the prison if everyone tests positive," one infected guard said. That same guard, along with other staff,  freely circulates in  his community, guaranteeing the virus' spread. Lack of physicians, as at Milan, threatens the care of all medically-vulnerable prisoners and those who have "recovered" from the virus, and at Forrest City serious medical problems are not addressed. Lack of extensive prisoner testing means DOJ continues to fly blind.

            As of last week, the agency website listed  11,953 prisoners and 773 staff as COVID-19 positive, a number which is certainly lower than actual numbers, and continues to grow. A Johns Hopkins researcher said that public defenders say that the problem is worse in federal prisons than in any other correctional environment. Even some prisons like Lewisburg, where the virus had been absent, had new cases recently as did the Petersburg and Pollack facilities. Waseca and Aliceville have bus-transfer cases.

            The US Senate has noticed, and S. 4034, which expands judicial review for Elderly Home Detention Pilot program for Compassionate release, is getting more attention. Senator Marco Rubio asked Barr to note possible Coleman PREA violations.

            In the circuits, in US v. Carnell, 19-2007, (7th Cir. 8-28-20), the court remanded for resentencing where "the government failed to meet its burden...proving...ice methamphetamine." In US v Griffin, 19-14287, the appeals court vacated and remanded a district court order that misconstrued a petition for relief as coming under 404(b) of FSA, whereas it should have done so under 18 U.S.C. 3582(c)(a)(A) and 603 of FSA.

            In US v Medley, 18-4789, (4th Cir. 8-21-20) the court cited Gary in finding Rehaif plain-error, and vacated and remanded for further proceedings. Also in the 4th, in US v. Green, 19-4348, (8-28-20), the court again granted Rehaif relief, citing Medley. The 6th Circuit considered a denial of FSA relief in US v Williams, 19-5803, (8-26-20), and vacated/remanded, holding that "the district court's resentencing decision...is subject to review for substantive and procedural reasonableness,..(and we now) consider the record both for the initial sentence and the modified one."

            Do you have a serious medical issue that makes you susceptible to COVID-19, or feel that you have received inadequate representation of counsel? Please contact us.      Be not afraid and do not  let your heart be troubled.

Federal Legal Center, Inc., Derek A. Gilna, JD, Director,

113 McHenry, #173, Buffalo Grove, IL  (and Indiana)

dgilna1948@yahoo.com; blogging at "Derek Gilna's Criminal Justice Blog."