August 11, 2022: COMPASSIONATE RELEASE and BOP COVID-19 BLOG

Fast Facts (Full BOP stats can be found here)

Confirmed active cases at 116 BOP facilities and 27 RRCs

Currently positive-testing inmates: 528 (up from 445) Currently positive-testing staff: 599 (up from 587) Recovered inmates currently in the BOP: 49,507 (down from 49,567) Recovered staff: 13,462 (up from 13,465)

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

La Tuna FCI: 53

Allenwood Low FCI: 51

Allenwood Medium FCI: 30

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

Central Headquarters: 53 (up from 52)

Carswell FMC: 25 (up from 23)

Houston FDC: 21 (unchanged)

System-wide testing results: Presently, BOP has 141,077 federal inmates in BOP-managed institutions and 13,917 in community-based facilities. Today's stats: Completed tests: 128,728 (up from 128,728) Positive tests: 55,376 (up from 55,376)

Total vaccine doses administered: 327,053 (up from 326,747)

Case Note: No vaccine? No compassionate release for cancer patient...

In U.S. v. TYZIA S. GIBBS, 2022 WL 3212207 (S.D. Ill. Aug. 9, 2022) (Gilbert, J.), the court found that defendant's CR application was doomed by the Seventh Circuit’s Broadfield decision, notwithstanding she has stage 2 breast cancer and is receiving chemo, because she refused he COVID vaccine, explaining: "Specifically, the Government states that Gibbs' [medicals records reflect she] has refused to receive the COVID-19 vaccine. Id.; Doc. 63-2 (“COVID: declined”). United States v. Broadfield, 5 F.4th 801, 803 (7th Cir. 2021) (A prisoner who can show that he is unable to receive or benefit from a vaccine still may turn to this statute, but, for the vast majority of prisoners, the availability of a vaccine makes it impossible to conclude that the risk of COVID-19 is an “extraordinary and compelling” reason for immediate release.”). Therefore, the Government argues, Gibbs cannot argue COVID-19 is an “extraordinary and compelling” reason for release when she “declined the vaccine without an adequate medical justification.” (Doc. 63 at 5). Gibbs responds by stating Broadfield was “wrongheaded [sic] decision made in a vacuum utterly lacking in any significant medical understanding of COVID-19 variants…” (Doc. 64 at 3). She states that “injection information pamphlets” “state that they are not recommended for immunosuppressed individuals.” Id. at 4. Further, Gibbs cites that “multiple studies and news articles have documented adverse reactions that immunocompromised individuals have had to so called ‘vaccines’ for COVID-19.” Id. After citing the New England Journal of Medicine, University of Oxford Study, and other reports, Gibbs states that “injections are not intended to prevent infection pursuant to the ‘vaccine’ manufacturers own information.” Id. at 5. She states she “may suffer damage to her already compromised immune system which has already been weakened by cancer and chemotherapy” if she gets the vaccine. Id. The Court does not believe Broadfield was wrongly decided, nor decided in a vacuum. Here, the medical records do not show that her doctors advised her not to take the COVID-19 vaccine. In fact, the entry in Gibbs’ medical records state “Covid vaccine – Will scheduled. Recommended Flu vaccine. Pt agrees to Covid Vaccine but will wait on the Flu vaccination.” (Doc. 63-1). Clearly, this entry belies Gibbs’ claim that her doctors advised her not to take the COVID-19. Gibbs’ does not provide this Court a showing that she is unable to receive or benefit from the vaccine.”

Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) The BOP has announced no new COVID-related inmate deaths. COVID-related inmate deaths remain at 302. Eleven of the inmates died while on home confinement. Staff deaths remain at 7