Bureau of Prisons' "Herd Immunity" Approach to Federal Prison Covid Crisis Is Only Explanation for Rising Infection Counts

 Discredited "Herd Immunity" Theory Apparently Guides DOJ Prison COVID Policy; Prisoners Low on List for Vaccine; Sweeping Marijuana Reforms on Horizon

 

by Derek Gilna

 

            Poor central office planning, poor staff training, discredited theories, and ignorance are on display every day in the federal prison system, but it took COVID-19 to bring this to the public's attention, as rising prison cases spill over to surrounding communities. A deadly combination of the above factors, along with implementation of flawed "herd immunity" theories, championed by former presidential adviser Dr. Scott Atlas (and others), have spread illness, suffering and in some cases, death to thousands. Unfortunately, it is unlikely that federal prisoners will see any vaccines until Summer.

             It will likely take years of investigation and hundreds of lawsuits to uncover all of the facts, but it is clear that at least in federal prisons, there was a policy of mixing positive and non-positive individuals, with clear "deliberate indifference" to the long-term health effects even upon "recovered" patients, not to mention the effects on the elderly and chronically ill. Document what you have seen and experienced.

            Give AG Barr some credit: his memos strongly recommended aggressive use of the release tools DOJ already possessed. However, he had only limited influence on the career DOJ prison officials, who know he leaves office soon. Honest career officials bluntly state that there will be no more CARES releases. It is up to Congress, the Sentencing Comm.,  and the President to change the system with bold initiatives.

            Total DOJ virus numbers are up. FPC Duluth, has the highest percentage of infected, with over 200 out of a population of less than 300.   Other counts: FCI-Englewood, 540; .FMC, Lexington, over 300;  Beaumont Low, 303; Loretto, over 300;  Ft. Dix, 268; Philadelphia, 200+; Ashland, 200+;Yazoo City, 200+; Cumberland, 200; Butner, 150+; Schuylkill, 129;. Rochester, 111; Allenwood low, 20; Carswell, 20+.

            In more positive news, H.R. 3884, which passed the House, would federally decriminalize cannabis (marijuana), expunge the records of people convicted of federal cannabis offenses, and require resentencing of some federal prisoners. This bill, if and when it becomes law, would result in thousands of time-served releases of marijuana prisoners after required resentencings, as well as additional funding for programming.

Thanks to COVID, the concept of restorative justice is gaining wider acceptance.

            The 4th Circuit became the fourth circuit to embrace a robust view of sentence reduction authority under 3582(c)(1)(A after FSA. US v. McCoy, 20-6821(Dec. 2, 2020), following Zullo from the 2d Circuit. The 7th Circuit reversed and remanded denial of a CR: "Until...§1B1.13 is amended,...the Guidelines...lack an 'applicable' policy statement covering prisoner-initiated applications for compassionate release...judges must operate under the statutory criteria—extraordinary and compelling reasons." US v Gunn, 20-1959, 11-20-20. Also, potentially significant is Wright v. Beck, 19-55084, (9th Cir. 2020), in which dismissal of a 1983 action in a firearms seizure was reversed, and based upon a Monell failure-to-train, and on due process and 4th Amendment grounds.

            Be not afraid, and let not your heart be troubled.

 

Federal Legal Center, Derek A Gilna, JD, MARJ, Director

113 McHenry Rd., #173, Buffalo Grove, IL 60089, and Indiana, dgilna1948@yahoo.com, 

"Derek Gilna's Criminal Justice Blog" on Google Blogspot.