Federal judge: Coronavirus poses 'grave danger' in jails, prisons; 'swift' government action needed

WASHINGTON – Citing the “grave danger” the coronavirus poses to inmates in jails and prisons, a federal judge in New York weighed into growing concern for detainees, urging Congress and other government officials to take “swift” action to reduce the hazard to the most vulnerable.

“The dangers of the moment ... call for more systemic action than a judge can grant in any one case,” Manhattan U.S. District Judge Jesse Furman wrote earlier this week. “There are many cases when temporary release of an inmate would be the rational and just course of action, but the law does not give a judge the authority to take it.”

Furman’s comments were contained in an order, denying release of a former Staten Island doctor, Nkanga Nkanga, who pleaded guilty last fall to prescribing opioids for no legitimate medical need.

Because Nkanga, 67, had already been sentenced to 36 months in prison, Furman said he was “powerless” to intervene when he requested release last month because of the threat posed by the virus and his compromised medical condition.

According to court documents, Nkanga suffers from asthma and complications from a stroke.

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“Regrettably, although the balance of risk and benefits weigh heavily in favor of granting temporary release – as Dr. Nkanga does not pose a danger to the community and is no risk of flight, yet he is plainly in grave danger at the (federal Metropolitan Detention Center in Brooklyn) and, if infected, will pose a danger to others – the court is powerless under the law as it currently stands to grant Dr. Nkanga relief,” Furman wrote.

Last week, Attorney General William Barr directed federal prison authorities to begin identifying more elderly and medically compromised inmates for home confinement to avoid a larger outbreak of the coronavirus inside the agency's 122 institutions.

Barr's directive came as lawmakers and civil rights advocates urged the Justice Department to follow the lead of state and local officials who have released thousands of vulnerable prisoners who would be most at risk of infection.

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So far, the coronavirus has claimed the lives of five federal inmates, four of whom were housed at the same low-security prison in Oakdale, Louisiana.

At least 75 inmates and 39 staffers have been infected, according to the Bureau of Prisons.

As recently as Thursday, Nkanga and his lawyers continued to push for the former doctor's release, but the government has opposed the request and the judge had not changed his ruling.

"The government is extremely sensitive to the very real concerns at stake," prosecutors argued in court documents Thursday, "but because the defendant again seeks release pursuant to statutes that do not provide the court authority to grant the requested relief, the defendant’s motion must be denied."