Tag Archives: fci sheridan

Right Claim, Wrong Vehicle? – Update for November 23, 2022

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

MAGISTRATE THROWS OUT FCI SHERIDAN LOUSY-CONDITIONS HABEAS PETITIONS

judge160620An Oregon federal magistrate judge last week recommended that some 200 habeas corpus actions alleging insufficient medical care at FCI Sheridan be dismissed.

The magistrate judge ruled that the petitioners have been pursuing the wrong legal strategy. Rather than habeas corpus, the inmates “should have worked to address their concerns through other means.

The Opinion and Order stated that while

the Court is sympathetic to Petitioners’ difficult experiences at Sheridan during the pandemic, the Court cannot conclude that merely alleging that no conditions of confinement could satisfy the Eighth Amendment is sufficient to confer habeas jurisdiction under circumstances such as those present here… Petitioners insist that they are challenging the fact of their confinement, but they do not allege that their convictions or sentences are invalid in the first instance or that they are being held in excess of a lawfully imposed term of imprisonment. Instead, Petitioners allege that the harsh conditions at Sheridan place them at risk of serious harm from COVID-19, allegations premised on the conditions, and not the validity, of their confinement… Indeed, Petitioners’ claims “would not exist but for [the] current conditions” at Sheridan.

The Court ruled that the prisoners’ “argument that habeas jurisdiction exists simply because they allege that nothing short of their release may remedy the unconstitutional conditions at Sheridan thus improperly ‘conflates the nature of relief with the substance of the claim.’

Stirling v. Salazar, Case No. 3:20-cv-00712-SB, 2022 U.S. Dist. LEXIS 206892 (D. Or. Nov. 15, 2022)

Oregon Public Broadcasting, Federal judge dismisses claims of mistreatment in Oregon prison as wrong legal strategy (November 17, 2022)

– Thomas L. Root

Playing with COVID Numbers – Update for February 24, 2022

We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.

BOP DECLARES COVID RECOVERIES AS MEDIA BLAST MANAGEMENT

The BOP declared another 2,800 inmates cured last week, declaring at week’s end that 1,717 prisoners and 1,415 staff still have the virus. As of last night, the number was down to 1,257 inmates and 1,397 staff. The BOP is reporting COVID at 125 facilities. The agency reported no new deaths.

deadcovid210914There isn’t a lot of reason to trust the BOP’s stats. For instance, 2,500 inmates “recovered” over Valentine’s Day weekend, but from the following Wednesday to Friday, only two more were cured. Over last weekend, another 450 were healed. But yesterday, only one was cured. As of last Tuesday, the agency had performed 129,251 COVID tests on inmates since 2020, but as of last night, only 128,895 had been done. The number of tests waiting to be processed was 94 for 10 days in a row ending a week ago Tuesday and has been 136 every day since. For the same period a year ago, the number was never the same from February 5 through February 24, fluctuating between a high of 1,131 and a low of 695.honeymoon220224

A reasonable person could conclude that the stats are being made up.

But does it matter? After all, COVID is finally over. Or maybe not, as COVID variant BA.2 vies with Vladimir Putin for headlines.

In other news, if the BOP ever enjoyed a media honeymoon on its COVID management, that time has passed. CNN last week savaged the BOP’s COVID response in a story based on inmate deaths at FPC Alderson:

The deaths of… three women imprisoned in West Virginia reflect a federal prison system plagued by chronic problems exacerbated by the pandemic, including understaffing, inadequate medical care, and few compassionate releases. The most recent statistics from the Federal Bureau of Prisons report 284 inmates and seven staff members have died nationwide because of covid since March 28, 2020. Medical and legal experts say those numbers are likely an undercount, but the federal prison system lacks independent oversight… The Alderson inmates and their families reported denial of medical care, a lack of covid testing, retaliation for speaking out about conditions, understaffing, and a prison overrun by covid. Absences by prison staff members sickened by the virus led to cold meals, dirty clothes, and a denial of items like sanitary napkins and clean water from the commissary… In an email, BOP spokesperson Benjamin O’Cone said the agency does not comment on what he called “anecdotal allegations.”

So the BOP manipulates the stats, and it ignores the anecdotes. Controlling the information and disparaging the information you can’t control – it’s the BOP’s mission statement.

healthcare220224Meanwhile, Oregon Public Broadcasting continues its coverage of a suit against the BOP brought by FCI Sheridan inmates, reporting that “dire conditions inside the federal prison in Sheridan, Oregon, have not improved over the course of the pandemic and numerous medical requests from inmates inside the facility continue to go unaddressed, according to Lisa Hay, Oregon’s federal public defender, in a recent filing. “What’s most dismaying to me is that we’re hearing the same kinds of complaints for two years and I feel somewhat helpless,” Hay told OPB in an interview a week ago. “People are dying, people are being harmed, people are being harmed psychologically and physically.”

“The system of care at the FCI Sheridan does not allow for adequate access to care,” Michael Puerini, M.D., a corrections medical care expert, stated in an inspection report filed last month. “Access to care is a fundamental aspect of the care system. Without access to care, adults in custody are essentially left without healthcare, much to their peril.”

Puerini wrote that “The Sheridan facility, at the time of our visit in September, was not following CDC guidelines regarding care of Covid patients in that patient who had tested positive for Covid were not being checked on a daily basis, as specified in the guidelines.”

CNN, Covid-19 rips through West Virginia women’s prison as federal agency takes heat (February 18, 2022)

Wall Street Journal, Fast-Spreading Covid-19 Omicron Type Revives Questions About Opening Up (February 23, 2022)

Oregon Public Broadcasting, Inmates at Oregon’s only federal prison report dire medical care (February 11, 2022)

Status Report, Stirling v. Salazar, Case No. 3:20-cv-00712 (February 4, 2022, ECF 98)

– Thomas L. Root