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BOP COVID-19 UPDATE -- February 11, 2021




Currently positive-testing inmates: 1,620 (up from 1,594)

Currently positive-testing staff: 1,674 (down from 1,723)

Recovered inmates: 45,165 (up from 45,107)

Recovered staff: 4,624 (up from 4,570)

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

Tallahassee FCI: 230 (up from 229)

El Reno FCI: 114 (up from 113)

Leavenworth USP: 110 (up from 106)

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

Pollock USP: 82 (unchanged)

Tucson USP: 69 (unchanged)

Oklahoma City FTC: 59 (unchanged)


System-wide testing results: Presently, BOP has 123,761 federal inmates in BOP-managed institutions and 13,824 in community-based facilities. Today's stats:

Completed tests: 102,928 (up from 102,848) Positive tests: 45,928 (up from 45,844)

Case Note: Yes, Virginia, there can be a second infection, and it can be much worse...


In U.S. v. Ortiz-Heredia, 2021 WL 465291 (E.D.Mich. Feb. 9, 2021) (Tarnow, J.), the court observed ,after listening to expert testimony, that a second infection is not only possible, but a dangerous risk in the BOP: "Due to the virus’ rapid spread through the prison, FCI Beckley has been on lockdown since November 2020. (ECF No. 226, PageID.1627). Smith spends all day in a six feet wide cell with his cellmate, with little to no access to sanitizing products. (Id.). Unsurprisingly, in such conditions, both Smith and his cellmate contracted COVID-19. (ECF No. 227-1, PageID.1803). Although he was largely asymptomatic, if re-infected, Smith is at risk of suffering from severe symptoms the second time around. (Id. at 1773); (ECF No. 226-3, PageID.1650 (a declaration of Dr. Tara Vijayan, an infectious disease physician)). Dr. Vijayan notes the following:


Even if a person recovered 2021 WL 465291 (E.D.Mich. Feb. 9, 2021) (Tarnow, J.), the court observed ,after listening to expert testimony, that a second infection is not only possible, but a in the BOP: "Due to the virus’ rapid spread through the prison, FCI Beckley has been on lockdown since November 2020. (ECF No. 226, PageID.1627). Smith spends all day in a six feet wide cell with his cellmate, with little to no access to sanitizing products. (a stronger and longer-lasting immunity to SARS-CoV-2 infection than individuals who had a milder illness.

(Id. at 1652). Moreover, individuals “who are housed in prisons and jails are likely to be re-exposed to the virus because of the unique features of the environment, including congregate living and antiquated or poor ventilation, and because there is already widespread infection in these facilities.” (Id. at 1652-53). Continuing to incarcerate Smith under such conditions while the virus runs rampant is a potentially deadly decision. SeeBeth Schwartzapfel et. al, 1 in 5 Prisoners in the US Has Had COVID-19, 1,700 Have Died, AP News (Dec. 18, 2020),https://apnews.com/article/pandemics-race-and-ethnicity-prisons-united-states-coronavirus-pandemic-0bef0673013aa579551db5ad61b885e0 (reporting that although one in every five state and federal prisoners have tested positive for the coronavirus, “[t]hat number is a vast undercount,” and that many infected prisoners become sicker than they need to be due to inadequate care).”


Death Watch: The BOP have identified two additional inmate deaths, those of Abdul-Aziz Rashid, 64, FCI Butner II, and Chester Ray Stitts, Jr., 55, FCI Forrest City. Fatalities now total 220. Four of these inmates died while on home confinement. BOP staff fatalities remain at 4.

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