Monday, October 5, 2020

Stimulus Checks Now Available to the Incarcerated; Waseca, Alderson, Sandstone, and Other Prisons See Increase in Cases Due to Prisoner Transfers by U.S. Marshal;

 

Marshal's Prisoner Transfers Fuels Virus Spikes; Prisoners CAN Receive Stimulus Checks: Federal Judge Orders Feds to Pay Up; Deadline to Apply is October 15

 

by Derek Gilna

 

            October saw continued bad COVID-19 news, but there was a positive development.   A US district court judge has certified a class action on behalf of all prisoners and ordered that the federal government must permit incarcerated prisoners and their families to receive the same $1200 stimulus checks that all should have received in the Spring. The late September ruling means that prisoners and their families can reapply through the IRS website, but MUST do so by October 15, especially if they did not file a tax return in the past two years.

            There is clear evidence that the DOJ resumption of federal prisoner transfers by the US Marshal's service is fueling a new spike in prisoner COVID-19 infections.   Although DOJ on its website in court filing brags about its "plan" to combat the virus, top officials are either ignorant of the precipitous increase in cases, or just don't care. Virtually all federal prisons are short staffed, as fearful employees stay home, or self-quarantine after virus exposure.

            COVID-19 has further compromised deficient prison medical care, which according to the DOJ Inspector General has not been able to fill open medical professional positions, and also effectively curtailed all outside medical trips for seriously-ill prisoners, most of whom are elderly and have life-threatening chronic conditions. It is nothing less than a national scandal, especially in a week where the heavily-protected President  fell ill.   Unlike the President, however, federal prisoners are completely on their own, often denied the most basic medical care and even medicine like cough drops. It is hard to believe that national office and AG Barr don't know.

            Waseca is approaching a 100% infection rate, after unscreened prisoners from the Okalahoma transfer center arrived and went into general population. Not far down the road, FMC Rochester, is now up to 13 staffers ill, and Sandstone is seeing an increase also. FCI McDowell, the east coast transfer site, is seeing a steady rise in new cases, as well as the customary shortage of cleaning supplies. At Alderson in West Virginia transfers have caused cases to steadily increase.  .

            Despite the distraction of the approaching election. The President's illness has refocused attention on COVID-19. Although many cities had begun to see a drop in new cases, it's not the case in federal prison, where prisoners no longer displaying symptoms counted, who are counted as "recovered", continue to feel weakened and ill, and need long term care,  NEVER provided in prison.

            The Supreme Court opened its new term today with remote operations, as Congress prepares for a bruising confirmation fight for Amy Coney Barrett. One of the cases on the docket is Borden v US, which asks whether the use of force clause in ACCA encompasses crimes with a mens rea of mere recklessness.

            Let not your heart be troubled, and do not let fear dominate your life.

 

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

113 McHenry Rd. #173, Buffalo Grove, Il   60089 (and Indiana)

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