Monday, April 20, 2020

SDNY judges doing great work on compassionate release

The latest decision, by Judge Alison Nathan, rips the absurd BOP policy of holding defendants for 14 days after release orders in “quarantine.”  The truth, of course, is that it’s not a quarantine at all and just places the defendant at further risk.  The judge — aligning herself with the majority of courts around the country — also says that exhaustion is not required.

Politico covers the opinion here:
A federal judge in New York has slammed the federal Bureau of Prisons for what she contends are “illogical” and “Kafkaesque” quarantine policies that put inmates and the community at greater risk of contracting coronavirus.

U.S. District Court Judge Alison Nathan, in a decision dated Sunday, excoriated federal officials over their practice of putting inmates considered or approved for early release into a pre-release quarantine before they are sent home. The period typically lasts 14 days, but the judge noted that it can be extended, potentially repeatedly, if another inmate in the same group tests positive for the virus.

Nathan delivered the stinging rebuke of the federal prisons’ policy as she ordered the immediate release of Gerard Scparta, a former New York Police Department officer who pleaded guilty last year to involvement in a Social Security disability fraud scheme.

“In these circumstances, community spread through individuals not showing symptoms is inevitable, including in units of inmates who have been approved for home confinement,” Nathan wrote. “This is an illogical and self-defeating policy that appears to be inconsistent with the directive of the Attorney General, ungrounded in science, and a danger to both Mr. Scparta and the public health of the community.”

***

“Mr. Scparta is currently stuck in the bizarre limbo of the Bureau of Prisons’ quarantine policy, which, as the Court has discussed, achieves the backward result of prolonging incarceration and increasing community spread,” she added.

18 comments:

Anonymous said...

Yawn. Another liberal activist judge fights to let convicted felons out of prison without proper decontamination and quarantine. I thought this was the Southern District of Florida blog not the let’s get everybody out of prison blog.

Anonymous said...

I love America. You can just call someone names and offer no substantive critique. You must be a judge.

Anonymous said...

Yawn. Clerked on the ninth circuit and was special assistant to Barry and then appointed to the SDNY District Court by Barry. Like I said nothing better than a good fresh prisoner full of coronavirus released into the community without decontamination and/or quarantine.

Anonymous said...

zzzzzzzzzzzzzzzzzzzzzzz

Anonymous said...

I wish our judges gave a shit

Anonymous said...

6/3/20

tick tock

Anonymous said...

6:59
$20 says you are a white male.

the 9th - you sound like a kozinski sychophant

Anonymous said...

1148 is a racist, plain and simple

Shame on you DOM for repeatedly allowing racists posts on your blog. Seriously DOM what in the world is wrong with you?

Anonymous said...

$20 says 1148 is a transgendered mexican eskimo....thats totally how "those people" think!

Anonymous said...

12:21 & 12:54:
such (fake) anger

make it $50

Anonymous said...

white males are so oppressed

Anonymous said...

I don't get it. Is pointing out someone is talking from a white male point of view racist?

Anonymous said...


There is no such thing as a "white male point of view" just like there is no such thing as a "black male point of view." People are individuals. The color of their skin doesnt dictate how they will think.

Racism is insidious. It encourages generalizations. Blacks are criminals. Mexicans are rapists. None of these things are true.

No one is saying that white males are oppressed. But if you oppose racism against blacks and Latinos, you should be against all racism. If you openly generalize about white males, you signal to everyone that generalizations are okay. Think of the white males out there who are racist, reading about you generalizing about them based on the color of their skin. It only reaffirms to them that their own racist views are okay.

In other words, you are a pathetic hypocrite. You have a tiny, feeble mind. You are trying to live in a world where some racism is okay. It isnt. You are a kindergartener.

A resposible blog proprietor would have a clear policy: comments containing racist views should not be posted. They do not deserve a platform.

Anonymous said...

942 put a sharper edge on it than I might have, but he is exactly correct.

All race based conduct is inherently racist, and has no place in our society. Whether it is discriminating against a blank/whie man in hiring or choosing to appoint a black/white man for political office because he is black/white, it is unacceptable. The argument that giving the previously (or even presently) oppressed classes a leg up to correct past wrongs, although well meaning, ultimately perpetuates the underlying problem, i.e. the division of humanity into nonsense "race" groups.

The solution to racism is not to artificially level the playing field between the races; inherently reinforcing racial tribalism. The solution to racism is to eliminate the identification of race altogether.

Anonymous said...

Headline: “White liberal men activists feel justified by blog comments claiming white men are racist for commenting on a white defense lawyers blog.”

Anonymous said...

9:42, 2:05

That is a very simplistic definition of racism. And very convenient! It allows you to ignore centuries of true racism here in our own country - the slaughter of Native American, the enslavement of African Americans, systemic lynching, segregation, housing discrimination, job discrimination, voter suppression, anti-immigrant violence, unequal healthcare, mass incarceration, just to name a few. Your definition safely allows you to ignore ALL of that and say, "ok, from now ON, any reference to race, even if you are calling out privileged white male indifference to the plight of (mainly) people of color (12;44, 6:59), it is all racism."

NO. IT IS NOT.

Anonymous said...

@1052

Not at all. The violence against those humans was unforgivable. That violence cannot be undone. But we can make it less likely to be repeated. The way that we do that is by doing what should have been done from the beginning, ie NOT labeling humans with artificially divisive names like "Native Americans" and "African Americans." Those labels do one thing and one thing only - they divide. Instead, we should have, and should moving forward, only refer to humans as humans.

No one is forgetting. Its just that your solution is not a solution at all; it is just a repackaging of the very same problem.

Until a man's skin is of no more significance than the color of his eyes, its a war.

Anonymous said...

You make it sound likes everything is all even now. It isn't.
People of color are incarcerated at a much higher rate and for much longer periods of time, even taking al variables into consideration. Brown kids are placed in cages and they and their parents are denied the most basic human rights and dignities. Even COVID 19 disproportionally affects communities of color at a much higher and deadlier rate. Not because of any genetic predisposition, but because decades of racists policies and actions leaves them more vulnerable and provides them with far less access to adequate health care. Actions taken by controlling political groups in North Carolina, Georgia and Florida, just to name a few, continue to disenfranchise communities of color and remove their basic political voice. So come back when all those things or even or a least when those in power stop actively working to keep us oppressed and I will be happy to have a good conversation with you. Until then, you are right, It is a War.