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BOP COVID-19 UPDATE -- February 5, 2021

Currently positive-testing inmates: 2,205 (up from 2,164)

Currently positive-testing staff: 1,729 (down from 1,745)

Recovered inmates: 44,182 (up from 44,168)

Recovered staff: 4,497 (up from 4,456)

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

Fort Dix: 210 (unchanged)

Tallahassee FCI: 197 (up from 179)

Pollock FCI: 167 (up from 163)

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

Pollock USP: 80 (up from 79)

Tucson USP: 70 (unchanged)

Oklahoma City FTC: 59 (unchanged)

System-wide testing results: Presently, BOP has 123,452 federal inmates in BOP-managed institutions and 13,877 in community-based facilities. Today's stats:

Completed tests: 101,082 (up from 101,862) Positive tests: 45,530 (up from 45,461) Case Note: C-PAP, SHME-PAP...

In U.S. v. VITO NUZZOLILO, 2021 WL 372454 (D. Mass. Feb. 3, 2021) (Hillman, J.), the court recognized the defendant's substantial medical problems, but it wasn't enough: “I find that Mr. Nuzzolilo suffers from multiple medical conditions which are COVID-19 high risk factors (Type II diabetes, high cholesterol and obesity).... Mr. Nuzzolilo has utilized a CPAP machine consistently for years, including while in custody on the instant charges prior to being transferred to FCI Schuylkill, i.e., at Wyatt Correctional Facility and FCI Ray Brook. Without access to a CPAP machine, Mr. Nuzzolilo is at increased risk of cardiac arrest. While incarcerated at FCI Schuylkill, Mr. Nuzzolilo has not had access to a CPAP machine, resulting in his having trouble sleeping and suffering from choking, chest pains, and a rapid heartbeat. The decision by FCI Schuylkill to deny Mr. Nuzzolilo access to a CPAP machine has not been based on any medical examination of Mr. Nuzzolilo or individualized determination of Mr. Nuzzolilo's continued need for a CPAP machine, but rather was based on generalized concerns that the use of a CPAP machine could spread COVID-19. … I find it very significant that Mr. Nuzzolilo was only sentenced this past May and still has a significant amount of time [1/3 served] still to serve on his 134-month sentence. Moreover, I find that Mr. Nuzzolilo would pose a significant danger to the public if released: he is a drug dealer who upon release from prior convictions has returned to the drug trade.5 Counsel for Mr. Nuzzolilo points out that his underlying conviction did not involve weapons and that he is not a violent criminal while downplaying the threats of violence made by Mr. Nuzzolilo while conducting his drug business. The Court, however, is not as quick to write off conduct which blatantly contradicts Mr. Nuzzolilo's contention that he is not a danger to the community.”

Death Watch: The BOP had identified no new inmate fatalities. The inmate death toll stands at 216. Four of these inmates died while on home confinement. BOP staff fatalities remain at 3.

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