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BOP COVID-19 UPDATE -- May 6, 2021



Quick Facts:


Currently positive-testing inmates: 121 (down from 126)

Currently positive-testing staff: 166 (up from 164)

Recovered inmates: 46,193 (down from 46,277)

Recovered staff: 6,751 (up from 6,749)


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

Otisville FCI: 28 (unchanged)

Oakdale FCI: 8 (down from 9)

San Diego MCC: 7 (unchanged)


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

Petersburg Low FCI: 14 (unchanged)

Pekin FCI: 7 (unchanged)

Central Office Headquarters: 7


System-wide testing results: Presently, BOP has 127,782 federal inmates in BOP-managed institutions and 13,665 in community-based facilities. Today's stats:


Completed tests: 112,271 (up from 112,177)

Positive tests: 45,606 (down from 45,688)

Case Note: Is she really allergic to vaccine or is she faking it?


In U.S. v. MALIA ARCIERO (01), 2021 WL 1760046, at *1 (D. Haw. May 4, 2021) (Mollway, J.), the court said that defendant's history of dissembling notwithstanding, she would be given the benefit of the doubt to prove she’s allergic to covid vaccine, explaining: "Given the lack of detail supporting her claimed allergy and her history of lying to the court, this court asked for additional information. Arciero filed a supplemental memorandum that does not address the court's concerns, prompting the present order. … In her latest request, Arciero refers to “allergies that will prevent her from taking the COVID vaccines.” See Id., PageID # 5022. She provided no further information about her allergies. Given her history of lying to the court, the court asked for more details about her claimed allergies:

1) What specific ingredient is Arciero allergic to and which vaccines contain that ingredient? 2) If the ingredient that allegedly causes an allergic reaction is in only one of the vaccines, is there some concern that the BOP will not make a different vaccine available to Arciero? In other words, if Arciero is allergic to an ingredient in only the Moderna vaccine, for example, is there any reason to think that she will not be offered the Pfizer-Biotech vaccine or, if it is authorized within the next few weeks, the Johnson & Johnson vaccine? 3) What is the exact nature of Arciero's allergic reaction that makes getting a COVID-19 vaccine dangerous? For example, “when I have had vaccines containing Substance X in the past, I have broken out in hives.” Or, “Substance X causes my airway to constrict and I cannot breathe.” 4) Does Arciero have any corroborating medical records substantiating her allergy to an ingredient in a COVID-19 vaccine? If she has such material, Arciero should submit that. 5) Has a doctor ever told Arciero that she should not get a COVID-19 vaccine because of her allergy? If yes, what is the doctors name and when did the doctor tell Arciero that? If instead a doctor has only advised Arciero to skip flu vaccines, what causes Arciero to be worried that the same advice would apply with vaccines for diseases with higher rates of complications and death?

On May 3, 2021, Arciero purported to respond to the court's order of April 19, 2021. See ECF No. 410. She did not address the court's questions. Instead, she said that the court was asking her to do the impossible, as she could not get medical information from the Bureau of Prisons in such a short timeframe. The court is willing to extend Arciero's deadline. Moreover, if Arciero cannot identify the ingredient(s) in the COVID-19 vaccines that she is allergic to, she should at least be able to say what reaction she has to any such ingredient and whether a doctor has ever told her that she should not get a COVID-19 vaccine. These are questions that Arciero should be able to answer, given her claim that she is allergic to COVID-19 vaccines. … Because Arciero may have been confused as to what this court was asking of her, the court gives her another chance to answer the specific questions asked of her in the order of April 19, 2021. Arciero may file answers to the specific questions no later than June 1, 2021.”)

The court is willing to extend Arciero's deadline. Moreover, if Arciero cannot identify the ingredient(s) in the COVID-19 vaccines that she is allergic to, she should at least be able to say what reaction she has to any such ingredient and whether a doctor has ever told her that she should not get a COVID-19 vaccine. These are questions that Arciero should be able to answer, given her claim that she is allergic to COVID-19 vaccines.


Death Watch: The BOP has identified no new fatalities. Inmate deaths remains at 234. Five of these inmates died while on home confinement. Staff fatalities remain at 4.




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