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October 12, 2022: COMPASSIONATE RELEASE, COVID-19, and BOP BLOG



Fast Facts (Full BOP stats can be found here)


Confirmed active cases at 89 BOP facilities and 9 RRCs

Currently positive-testing inmates: 270 (down from 277) Currently positive-testing staff: 393 (down from 410) Recovered inmates currently in the BOP: 48,692 (down from 48,697) Recovered staff: 14,203 (up from 14,173)


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

Yazoo City Medium FCI: 83 (unchanged)

Oakdale II FCI: 26 (unchanged)

Seagoville FCI: 21 (unchanged)


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

Central Office HQ: 58 (unchanged)

Brooklyn MDC: 34 (up from 33)

Rochester FMC: 27 (unchanged)

System-wide testing results: Presently, BOP has 143,056 federal inmates in BOP-managed institutions and 14,203 in community-based facilities. Today's stats: Completed tests: 128,692 (unchanged) Positive tests: 55,340 (unchanged)


Total vaccine doses administered: 331,031 (up from 330,897)


Case Note: BOP neglect, causing inmate's blindness, warrants release...


In U.S. v. Richardson, No. 16-CR-461 (ILG), 2022 WL 5246076, at *3 (E.D.N.Y. Oct. 6, 2022) (Glasser, J.), the court found that the BOP's neglectful medical treatment causing defendant’s blindness, warrants immediate release, explaining: "Prior to her arrest and conviction, Richardson voluntarily underwent a cosmetic iris eye transplant in Lebanon. While serving her term of imprisonment, she began to experience difficulty with her transplanted irises. She was referred to and treated by an ophthalmologist employed by the Bureau of Prisons (“BOP”). The prescribed treatment she received for her deteriorating eye condition, Richardson alleged, was negligent and caused her eyesight to deteriorate severely. As a consequence, she commenced an action in the Southern District of New York alleging malpractice against the BOP and the individual treating doctors seeking compensation for the resulting harm she allegedly suffered. A settlement of that action was eventually reached by which she was awarded $2 million in damages. … Richardson's eye treatment, which continued over an extended period of time while incarcerated, required periodic visits to outside hospitals. Transportation to and from the hospital facilities was provided by the BOP, during which she was placed in the custody of a BOP guard. It was subsequently revealed that Richardson was regularly sexually abused and harassed by the guard into whose care she was entrusted. … Richardson has presented extraordinary and compelling reasons warranting a reduction of her sentence due to her loss of eyesight attributable to the well-documented malpractice and neglect she allegedly suffered while in the custody of the BOP. … Added to that compelling reason is the criminal sexual abuse to which she was subjected by a prison guard, and the apprehension of being subjected to similar criminal misconduct which her blindness would prevent her from anticipating and defending against. … Submissions dated September 21, 2022, in further support of Richardson's renewed motion had two attachments which confirm the unique position of the BOP to make the determination that a compassionate release motion requires. See ECF No. 118. The first attachment is ECF No. 118-1:


Memorandum for E. Strong, WardenFCI/FDC Tallahassee

Thru: Kerri R. Pistro, Associate Warden of ProgramsFCI/FDC TallahasseeSubject: Request for Compassionate Release/RISRichardson,

Carolyn ...

The Unit Team is recommending consideration be given to modify the imposed term of confinement for Ms. Richardson under Title 18, United States Code 3582(c)(1)(A). This request is being made because of extraordinary or compelling circumstances,

which are specifically described. The second attachment is ECF No. 118-2:


Memorandum for James C. Wills, Acting Assistant DirectorOffice of

General Counsel Bureau of Prisons

From: E. Strong, WardenFCI/FDC Tallahassee

Subject: Request for Compassionate Release

Richardson, Carolyn


The Unit Team is recommending consideration be given to modify the imposed term of confinement for Ms. Richardson.... This request is being made because of extraordinary or compelling circumstances, which are specifically described.


As was suggested above, it is the BOP, its unit managers, associate wardens, wardens, and the relevant other employees of the BOP who are positioned to observe the whole defendant day in and day out, who are uniquely qualified to make the determination required by § 3582(c)(1)(A). And the Court finds that they have made it.”



Death Watch (Note: The BOP press website announces BOP COVID-related deaths here.) Today the BOP identified no additional inmate fatalities and so the total number COVID-related inmate deaths remains at 308. Eleven of the inmates died while on home confinement. Staff deaths remain at 7

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