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BOP COVID-19 UPDATE -- March 31, 2021




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Quick Facts:


Currently positive-testing inmates: 429 (down from 431)

Currently positive-testing staff: 1,273 (up from 1,264)

Recovered inmates: 46,933 (down(?) from 46,973)

Recovered staff: 5,457 (up from 5,453)

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:

Beaumont USP: 59 (up from 53)

Coleman Low FCI: 56 (unchanged)

Oakdale II FCI: 40

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

Beaumont USP: 59

Coleman Low FCI : 56

Oakdale II FCI: 40


System-wide testing results: Presently, BOP has 126,005 federal inmates in BOP-managed institutions and 13,650 in community-based facilities. Today's stats:


Completed tests: 108,889 (up from 108,612)

Positive tests: 46,549 (down(?) from 46,660)

Note: the supposedly "lower" total number positive tests appears anomalous.


Case Note:


Want this gorgeous view? Three offices just became available in our first-class suite. Call (917) 562-4000





Quick Facts:


Currently positive-testing inmates: 431 (up from 413)

Currently positive-testing staff: 1,264 (down from 1,268)

Recovered inmates: 46,973 (down(?) from 46,975)

Recovered staff: 5,453 (up from 5,440)

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:

Beaumont USP: 59 (up from 53)

Coleman Low FCI: 56 (unchanged)

Oakdale II FCI: 40

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

Pollock USP: 84 (unchanged)

Coleman Medium FCI: 46 (unchanged)

Talladega FCI: 46 (unchanged)


System-wide testing results: Presently, BOP has 125,876 federal inmates in BOP-managed institutions and 13,651 in community-based facilities. Today's stats:


Completed tests: 108,612 (up from 108,438)

Positive tests: 46,600 (up from 46,586)



Case Note: Comorbidities continue to pose risk to previously infected inmate in light of variants..


In. U.S. v. RICHARD J. HODGE, JR., 2021 WL 1169896, at *3 (E.D. Ky. Mar. 26, 2021) (Boom, J.), the court found that the existence of COVID-19 variations that are more contagious permits finding comorbidities continue to pose a risk, even after reinfection, especially where BOP neglects treatment: "Further, Mr. Hodge recently contracted COVID and suffered significant symptoms including his lungs feeling as if they were “on fire” and vomiting and diarrhea for 9 days. [R. 360, pp. 7–8] He argues that the medical personnel at FCI Butner failed to adequately treat and monitor him, failed to provide care and record his symptoms and oxygen levels, and failed to ensure his other medical conditions were properly treated while he battled COVID. Id. Indeed, after Mr. Hodge's diagnosis, his medical provider at FCI Butner noted in his chart, “Due to the sheer volume of inmates positive with covid-19, daily vital signs and [Bureau Electronic Medical Records(BEMR)] covid screenings are no longer recommended.” [R. 360, p. 7; R. 360-16, p. 2] Defendant argues that his health conditions place him at heightened risk for serious complications or death from COVID-19 should he become reinfected with the virus due to his already-compromised immune system. [R. 360, pp. 11–13] This concern is amplified given the emergence of new (more virulent and contagious) mutations. … Nothing in FCI Butner's handling of the pandemic brings the Court comfort or proof that they will fare any better at preventing reinfection, especially for a prisoner such as Mr. Hodge with a severely compromised immune system. … [T]he United States wholly fails to address FCI Butner's response to the pandemic or its treatment of Mr. Hodge (or apparent lack thereof) while infected with COVID. … Mr. Hodge not only contracted COVID while at FCI Butner, but, by its own admission in his medical records, the prison was so overwhelmed by the volume of COVID-positive inmates, (“[d]ue to the sheer volume of inmates positive with covid-19, daily vital signs and BEMR covid-19 screenings are no longer recommended” [R. 360-16, p. 2 (emphasis added)]), it dispensed with the simple task of recording daily vital signs, even for prisoners as medically vulnerable as Mr. Hodge. … The Court has grave concerns about the BOP's ability going forward to prevent reinfection or to address additional health risks stemming from his previous COVID infection. … Upon release as ordered below, Mr. Hodge will have served approximately 48% of his sentence—that is, he will have served 40 months out of a total sentence of incarceration of 83 months (which includes credit for good time per the BOP calculation). He has served much of his last year under conditions of lockdown due to COVID-19 while also dealing with his significant medical conditions and recent battle with COVID. The Court has seriously weighed the government's undeveloped argument that release after serving only a portion of his sentence fails to honor the punitive aspects of the sentencing factors. But Mr. Hodge is not getting a get-out-of-jail-free card. Rather, he will serve a significant period of time under strict conditions of home incarceration—a serious and significant restraint on his liberty. Further, he will be monitored by the U.S. Probation Office. … Home incarceration, coupled with the sentence already served under extreme conditions, will ensure the twin goals of just punishment and respect for the law are honored.”


Death Watch: The BOP has identified a previously counted inmate fatality as that of Fernando Marulanda Trujillo, 69, of FCI Fort Dix. Inmate deaths remain at 228. Four of these inmates died while on home confinement. Staff fatalities remain at 4.



Death Watch: The BOP has identified no new inmate fatalities. Inmate deaths remain at 228. Four of these inmates died while on home confinement. Staff fatalities remain at 4.

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