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BOP COVID-19 UPDATE, March 25, 2021

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Quick Facts:

Currently positive-testing inmates: 416 (up from 349)

Currently positive-testing staff: 1,320 (down from 1,351)

Recovered inmates: 47,057 (down(?) from 47,129)

Recovered staff: 5,354 (up from 5,321)

Note: the noted day-to-day reduction in "recovered inmates" is counter-intuitive unless inmates previously deemed "recovered" relapsed.

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

Coleman Low FCI: 55

Beaumont USP: 39 (unchanged)

Otisville FCI: 24 (up from 22)

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

Pollock USP: 84 (unchanged)

Tucson USP: 67 (down from 69)

Talladega FCI: 46 (unchanged)

System-wide testing results: Presently, BOP has 125,738 federal inmates in BOP-managed institutions and 13,740 in community-based facilities. Today's stats:

Completed tests: 108,210 (up from 108,046)

Positive tests: 46,666 (down(?) from 46,668)

Case Note: Insufficiently treated Stage 3 Parkinson's deemed extraordinary and compelling....'

In U.S. v. DONALD CUPP, 2021 WL 1100593, at *3 (N.D. Ind. Mar. 23, 2021) (Brady, J.), defendant's worsening Parkinson’s and BOP neglect was deemed extraordinary and compelling: “Defendant is currently housed at FCI Englewood in Littleton, Colorado, with an anticipated release date of October 23, 2024. … While Parkinson's disease itself if not fatal, it is marked by the progression of symptoms, including loss of balance, dementia, and difficulty swallowing that can be fatal. Defendant's medical records show that his condition has progressed to Stage 3. This stage “marks a major turning point in the progression of the disease.” Individuals at this stage are more likely to experience loss of balance and decreased reflexes, resulting in more common fall events. Moreover, Parkinson's “significantly affects daily tasks at this stage.” All these complications are demonstrated in Defendant's medical records. Defendant has developed markedly worse tremors, his fine motor skills have deteriorated, and, by early 2019, he reported multiple falls. He was moved to “no duty,” or removed from his job assignment, on August 23, 2019. He has seen consistent increases in his medications intended to treat his Parkinson's disease. He must use a cane to ambulate. At this point, then, his ability to provide self-care has “substantially diminished.” … The Court is further concerned by the BOP's apparent inability to address Defendant's medical conditions. As Defendant notes, he was seen by a neurologist in May 2019. The neurologist recommended several tests, including an MRI of the brain. These tests were to be performed as part of an evaluation of Defendant's medication. These tests have not occurred. Defendant's diabetes has also progressed significantly, with his A1C and blood sugar values increasing out of the healthy range. Notably, much of Defendant's medical deterioration has occurred since his transfer to FCI Englewood. Whatever the reason, FCI Englewood has not, or cannot, treat Defendant's myriad medical conditions. The Government does not dispute any of the above. Rather, it asserts that “it is nevertheless appropriate for this Court to deny release because the defendant has committed a serious offense and because he has served an insufficient amount of his sentence.” … By all accounts, Defendant is not a model citizen. Moreover, by Defendant's own admission, he has served approximately 55% of his sentence, leaving a significant portion of his sentence left to be served. At the same time, the Court has difficulty concluding that Defendant poses a risk to society at this point in his life. … Perhaps most importantly, Defendant has experienced what should be his most powerful reason to turn his life around, that being the death of his son to a drug overdose.”

Death Watch: The BOP reports one new COVID-19-related death, but has not yet identified the victim. Inmate deaths now number 227. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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