COVID-19 Summary: This was a state court habeas petition filed by medically vulnerable inmates in Westchester prisons (represented by Legal Aid), requesting immediate release in light of COVID-19. The case was dismissed on May 26, 2020.

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On May 6, 2020, six inmates filed this action in the Westchester County Court. Represented by the Legal Aid Society and private counsel, the inmates petitioned for habeas corpus, naming the New York State Department of Corrections and Community Supervision and the superintendents of Sing Sing Correctional Facility, Taconic Correctional Facility, and Bedford Hills Correctional Facility as respondents. The petitioners alleged that their continued incarceration was unconstitutional, violating the New York Constitution and the Eighth Amendment of the U.S. Constitution, and requested immediate release. Specifically, they argued that because preventative measures were effectively impossible in the prison setting, the respondents' failure to release medically vulnerable individuals constituted deliberate indifference. The case was assigned to Judge George E. Fufidio, Jr.

On May 14, the state filed a cross motion, asking the court to deny the petition and dismiss the case, arguing that the respondents had not been "indifferent" but had taken significant steps to minimize the risk of COVID-19.

On May 26, Judge Fufidio, Jr. entered an order dismissing the petition, finding that the petitioners had not successfully demonstrated deliberate indifference, as required for liability. Judge Fufidio Jr. also noted that even if the petitioners had demonstrated deliberate indifference, it was not clear that habeas release was the appropriate remedy.

Caitlin Kierum - 06/18/2020


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