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Case Name Sweeney v. Herrera PC-CA-0078
Docket / Court 2:20-cv-04247-RSWL-JEM ( C.D. Cal. )
State/Territory California
Case Type(s) Prison Conditions
Special Collection COVID-19 (novel coronavirus)
Case Summary
COVID-19 Summary: This is a pro se emergency action filed by an individual held at Orion Residential Reentry Centre for immediate release. The plaintiff, who is eligible for home confinement, alleged that continued confinement at Orion posed an unconstitutional risk to his life and health. On June 8 ... read more >
COVID-19 Summary: This is a pro se emergency action filed by an individual held at Orion Residential Reentry Centre for immediate release. The plaintiff, who is eligible for home confinement, alleged that continued confinement at Orion posed an unconstitutional risk to his life and health. On June 8, the district court dismissed the case for lack of jurisdiction.


On May 11, an individual held at the Orion Residential Reentry Center filed a pro se action in the U.S. District Court for the Central District of California. The plaintiff brought this action brought this action as a habeas petition under 28 U.S.C. under § 2241, an injunctive action, and as a declaratory action under § 2201-02. Specifically, the plaintiff alleged that his Eighth Amendment rights had been violated because his continued confinement posed an unconstitutional risk on his life and health, and that the defendants failure to provide access to basic medical care and personal protective equipment amounted to cruel and unusual punishment due to lack of social distancing and reasonable precautions against COVID-19.

The plaintiff requested immediate release with a reduction of his sentence to time-served with no modification in the term of supervised release, such that the plaintiff may be housed at his own residence. The case was assigned to District Judge Ronald S.W. Lew then referred to Magistrate Judge John E. McDermott. The following day, the case was reassigned to Judge Cormac J. Carney.

On May 27, the defendants sought to dismiss the case. The district court granted the defendant's motion to dismiss on June 8, holding that the plaintiff's claims were not cognizable under 28 U.S.C. § 2241, and that the court lacked jurisdiction to grant the plaintiffs' request for compassionate release. The court found that the request could only be submitted to the Federal Bureau of Prisons and the original sentencing court.

Averyn Lee - 06/15/2020
Chandler Hart-McGonigle - 11/02/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
COVID-19
Mitigation Denied
Mitigation Requested
Release Denied
Release Requested
Crowding
Crowding / caseload
Defendant-type
Corrections
General
Bathing and hygiene
Conditions of confinement
Sanitation / living conditions
Totality of conditions
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Ex Parte Young (Federal) or Bivens
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Regional Reentry Administrator
Residential Relocation Manager of the Federal Bureau of Prisons
Plaintiff Description An individual held at the Orion Residential Reentry Centre seeking release due to COVID-19 concerns
Class action status sought No
Class action status outcome Not sought
Filed Pro Se Yes
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filed 05/11/2020
Case Closing Year 2020
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
C.D. Cal.
06/08/2020
2:20-cv-04247
PC-CA-0078-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
C.D. Cal.
05/11/2020
Petition for Writ of Habeas Corpus by a Person in Federal Custody [ECF# 1]
PC-CA-0078-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
C.D. Cal.
05/11/2020
Emergency Petition for Writ of Habeas Corpus Pursuant to U.S.C. 2241, Injunctive, and Declaratory Relief from Custody Due to Risk of Exposure and Imminent Death from COVID-19/Corona Virus Due to Conditions of Confinement At Orion House R.R.C. [ECF# 2]
PC-CA-0078-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
C.D. Cal.
05/27/2020
Respondents' Motion to Dismiss Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C § 2241 and Emergency Petition; Declaration of Susan Har [ECF# 9, 9-1]
PC-CA-0078-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
C.D. Cal.
06/08/2020
Order Granting Respondents' Motion to Dismiss [Dkt. 9] and Dismissing Petitioner's Emergency Petition for Writ of Habeas Corpus [Dkt. 2] [ECF# 14] (2020 WL 4980062)
PC-CA-0078-0004.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Carney, Cormac J. (C.D. Cal.) show/hide docs
PC-CA-0078-0004 | PC-CA-0078-9000
McDermott, John E. Court not on record [Magistrate] show/hide docs
PC-CA-0078-9000
Defendant's Lawyers Fox, Brandon D (California) show/hide docs
PC-CA-0078-0003
Hanna, Nicola T. (California) show/hide docs
PC-CA-0078-0003
Har, Susan S. (California) show/hide docs
PC-CA-0078-0003 | PC-CA-0078-9000

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