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BOP COVID-19 UPDATE -- February 3, 2021

Currently positive-testing inmates: 2,251 (up from 2,211)

Currently positive-testing staff: 1,761 (down from 1,825)

Recovered inmates: 44,055 (up from 43,916)

Recovered staff: 4,438 (up from 4,335)

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

Tallahassee FCI: 206 (unchanged)

Fort Dix: 176

Carswell FMC: 163 (unchanged)

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

Pollock USP: 79 (unchanged)

Tucson USP: 70 (up from 69)

Oklahoma City FTC: 59 (unchanged)

System-wide testing results: Presently, BOP has 123,241 federal inmates in BOP-managed institutions and 13,769 in community-based facilities. Today's stats:

Completed tests: 101,742 (up from 101,596) Positive tests: 45,450 (up from 45,263) Case Note: In the wake of the announcement yesterday that the Fort Dix Warden, David Ortiz, had been "reassigned" ...

In U.S. v. DOMENICK BRACCIA, 2021 WL 322895 (E.D. Pa. Feb. 1, 2021) (Beetlestone, J.), we see another rebuke of Fort Dix: "A staggering 1,424 people incarcerated at Fort Dix have been infected and recovered from COVID-19, and unfortunately one person recently succumbed to the virus. Id. Despite the government's argument to the contrary, it is therefore highly likely that Braccia will remain in quarantine, or (even if quarantine is lifted for some period of time) will again be required to quarantine as the pandemic continues to rage, all while being denied the prescribed medical treatment for his sleep apnea. Because FCI Fort Dix's policy precludes providing Braccia with a CPAP machine to properly treat his severe obstructive sleep apnea, this condition “substantially diminishes [his] the ability . provide self-care within the environment of a correctional facility” during the COVID-19 pandemic. U.S.S.G. § 1B1.13. … He was recently diagnosed with an inguinal hernia, but has been unable to schedule a surgical consult due to the COVID-19 pandemic. … Central to this decision is that Braccia is within a vulnerable age group and suffers from a serious medical issues that the prison, which has experienced the most rampant outbreak of COVID-19 of all the BOP facilities in the country, has specifically declined to address to wit the provision to Braccia of access to a prescribed CPAP machine.”)

Death Watch: The BOP had identified two recent inmate fatalities: Mark Sealy, 56, MCFP Springfield; and Theodore Kootswatewa, 70, USP Tucson. The inmate death toll now stands at 214. Four of these inmates died while on home confinement. BOP staff fatalities remain at 3.

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