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Courts in the United States have granted unvaccinated and sick prisoners compassionate release from prison, ignoring the fact that the inmate, if infected, could spread the disease to others.
Brian Stone, continues for yourself, was moved for compassionate release on the grounds that he had prolonged Covid. In United States of America v. Brian StoneNo. 2:16-cr-00038-KJM-3, United States District Court, ED California (July 5, 2022) USDC remanded in custody.
After losing his job as a lawyer, Mr. Stone became involved in a number of arson and insurance fraud cases. Mr. Stone was convicted of multiple counts of mail and wire fraud. In September 2018, he was sentenced to 72 months in prison. According to the Bureau of Prisons, Mr. Stone is eligible to be placed in a halfway house, and this placement has already happened or will happen soon.
In 2020, the trial judge of this court denied Mr. Stone’s first request for compassionate release. Mr. Stone is also seeking a compassionate release based on the following facts and allegations:
- They are suffering from chronic COVID-related health problems, including headaches, body aches, extreme fatigue, brain fog, palpitations, and seizures.
- Stone has been experiencing these symptoms for more than a year and has not received treatment for his symptoms because the Federal Correctional Institution (FCI) Lompoc, where he is incarcerated, has placed him in treatment.
- COVID-19 has “spread like wildfire” at FCI Lompoc and Mr. Stone is “at high risk of illness or death” from COVID due to his illness. These conditions include high blood pressure, diabetes, undiagnosed depression, Binswanger’s Disease (a type of dementia), and residual symptoms of stroke.
- His sentence has been tightened due to the COVID-19 pandemic, and he has a good release plan with family support. Mr. Stone’s expected release date will be November 12, 2022, subject to the exercise of the Ethical Term and the First Phase of the Eligible Term.
The government contested the action based on its assessment of his medical condition. Mr. Stone has received adequate and booster vaccinations against COVID-19, and his medical history indicates that he is receiving treatment for several medical conditions, including type 2 diabetes, hyperlipidemia, dementia, and hypertension (primary). The government also argued that early release would not be appropriate due to the seriousness and complexity of his charges and his criminal history. Mr. Stone is in his 60s. Mr. Stone did not respond to the government’s objections as of March 30, 2022.
If the vaccinated defendant is vaccinated, as Mr. Stone is, the USDC court has used the argument that the risk of serious injury from COVID-19 is not an “unusual and compelling” reason under the code. A defendant can rebut this assumption by presenting evidence of a greater risk of serious injury even if protected by vaccination.
When plaintiffs do not have evidence that the vaccine will not protect them from the serious threat of COVID-19 and do not show that prisons are currently facing the problem of disease caused by the SARS-CoV-2 strain, the courts often reject it. not no.
Although Mr. Stone’s health and age would put him at high risk for COVID-19 if he was not vaccinated, he cited no evidence that he was still at risk. As COVID-19 is reported to be spreading at the facility, the Bureau of Prisons’ COVID-19 website shows that zero inmates and three staff members have been infected with the COVID-19 virus at FCI Lompoc.
Finally, Mr. Stone will be released, or soon will be released, from a halfway house, where people will be less and therefore less likely to spread the spread of COVID-19. He didn’t carry his weight to ensure his health and the risk of infection is shocking and compelling.
The proposal was rejected without prejudice to revise it with evidence of a high risk of serious injury despite the safety of the vaccine.
Insurance criminals, like disbarred attorney Stone, have no respect. Although he was scheduled to be released for good behavior to a half-way house, he insisted on bothering the District Court with a request for a compassionate release without providing sufficient evidence. His efforts failed even though the court allowed him to try again.
Standard Opinions on Insurance Volume XIV: Collection of Blog Posts from Zalma on Insurance –
(c) 2022 Barry Zalma & ClaimSchool, Inc.
Barry Zalma, Esq., CFE, now limits his practice to working as an insurance consultant specializing in insurance coverage, insurance litigation, insurance bad faith and insurance fraud almost equally for insurers and policyholders. He has practiced law in California for over 44 years as an insurance and claims attorney and over 54 years in the insurance business. He can be reached at email@example.com.
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