Levitt & Kaizer, Attorneys at Law - 40 Fulton St. 23rd. Floor, New York, NY 10038 (212) 480-4000

Nicholas Kaizer, Partner
Richard Levitt, Partner
  Emily Golub, Of Counsel

The Law Offices of Levitt & Kaizer are located in Downtown Manhattan, in the South Street Seaport District. Founded nearly 30 years ago, we focus on Criminal Defense, Appellate Advocacy and Post-Conviction Remedies.                     



BOP COVID-19 update 5.27.20:

Currently positive-testing inmates: 1747 (up from 1577)
Currently positive-testing staff: 187 (up from 181).
Recovered inmates: 3232 (up from 3180)
Recovered staff: 413 (same) 

Institutions with the largest number of currently positive-testing inmates:

Forrest City Low: 441 (up from 362)
Elkton FCI: 286 (up from 203)
Lexington FMC: 228 (up from 213)

Institutions with the largest number of currently positive-testing staff:

FDC Miami: 13 (same)
MCC Chicago: 12 (same)
MCC New York: 12 (same)

Although the BOP reports -- as noted immediately above -- only 12 currently positive-testing inmates at MCC New York, this circumstance, even if true, is utterly meaningless, as counsel in the SDNY MCC litigation, Fernandez-Rodriguez v. Licon-Vitale, 20 Civ 3315 (ER), paint a devastating picture of the actual conditions at MCC in its just-filed Motion for a Preliminary Injunction. Supported by detailed affidavits and the MCC Facility Report authored by Dr. Homer S. Venters, the Motion puts the lie to the BOP's self-serving claims regarding its efforts to protect inmates and staff from the pandemic. These motion papers and similar ones filed in other pending class action or putative class action cases should be liberally quoted in any compassionate release application.

Death Watch. As yesterday, the BOP reports now a total of 64 inmates deaths, but its press releases -- which yesterday did not reflect the most recent deaths -- today documented the death, on May 24, of a 54-year-old inmate at Terminal Island. A second BOP death announcement could not be accessed do to a broken link.