BOP Still Botching COVID-19 Response as Transferred Prisoners Spread Disease

Federal Prisons COVID-19 Cases Hold Steady, But New Facilities Report Cases

by Derek Gilna

            While new COVID-19 cases continue to drop nationwide, the DOJ websites are reporting new cases in institutions previously spared.  Although some prison officials had been taking "victory laps" in public, certain staff members in some prisons went absent for 14-day stretches, and new transferees apparently brought the virus along with them. The takeaway is that American prisons will continue to be hotspots for the foreseeable future, ending the "nothing to see here" defense. According to the NY Times, "The number...known to be infected has doubled in the past month...and deaths...have also risen by 73 percent," with most known clusters now in jails and prisons.

            Of course, many judges will not see the need for release of vulnerable prisoners, but perhaps a well-drafted 2241 arguing conditions of confinement issues, as occurred in Elkton, Danbury, and Oakdale, will assist in getting relief.

            Although most prison reform bills are moving slowly in this election year, newly-filed S.4000, "A bill to require Federal Law enforcement and prison officials to obtain or provide immediate medical attention to individuals in custody who display medical distress," shows promise. Perhaps DOJ might assist the process by routinely testing its prisoners for the COVID-19 virus before transferring them to other facilities

            In the Supreme Court of the United States, in Lomax v. Marquez, 18-8369, June 8, 2020, the court unfortunately extended the PLRA's "three-strikes" rule to include even those dismissed without-prejudice, but of course the ruling permits one to file if the filing fee is paid.

            In US v Kelley, 19-30066. (9th Cir. 6-15-20), the court affirmed a FSA reduction based upon Fair Sentencing, but declined to extend relief to review of a career offender classification, stating that nothing in the Act required a plenary resentencing. In an unusual fact situation, the 10th Circuit reversed and remanded a conviction where the defendant had argued the "confession was involuntary because the law enforcement officer who interrogated him deceived him about having assess to the federal judge on the case." US v Young, 18-6221, June 16, 2020.

            In a case which should have broad implications for white-collar, health-care defendants, the 4th Circuit in US v. Brizuela, 19-4656, overturned a jury verdict and ruled that ;"the district court improperly admitted the testimony of patients whose treatment by (defendant) was not the basis for any of the charges in the indictment.: see US v. Kennedy, 32 F. 3d 876, (4th Cir. 1994).

            Here's a bit of positive news to help get your week off to a good start.  Former National Security Adviser John Bolton, who was fired by the President, in a  "tell-all" book to be published this week, says that, "Jared Kushner is the most important person in the White House." Let not your heart be troubled.

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

113 McHenry Rd. #173, Buffalo Grove, IL   60089

(Also in Indiana) dgilna1948@yahoo.com; "Derek Gilna's Criminal Justice Blog"