Sunday, March 22, 2020

Federal Defenders: 2d Circuit directs mediation re Bureau of Prisons obstructiveness of access to detainees

Image result for metropolitan detention center
The federal Metropolitan Detention Center
in Brooklyn, where the first detainee has tested
positive for corona virus 19
Federal Defenders v. Federal Bureau of Prisons - Second Circuit, March 20, 2020

2d Circuit judges John Walker, Barrington Parker, and Susan Carney write:
"the Federal Defenders have raised claim of the utmost gravity about the lawfulness of the BOP's unilateral curtailment of pretrial detainees and others confined...a dramatic challenge is presented by COVID-19...The impact of this recent emergency on jail and prison inmates, their counsel (in the lead the Federal Defenders), the United States Attorneys, and the BOP,including the wardens and just beginning to be felt."

The Circuit panel directed the District Judge to appoint as a mediator "an individual with the stature, experience, and knowledge necessary to meditate this weighty dispute and ultimately facilitate the adoption of procedures for dealing with ongoing and future emergencies, including the COVID-19 outbreak." - GWC See opinion above

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