Federal inmates charged with producing child pornography and stealing $4 million worth of property are suing President Donald Trump and prison officials, calling for the “immediate compassionate release” of all prisoners with medical conditions or who are over the age of 55 to prevent the spread of COVID-19.
“To effectively prevent spread of the COVID-19 infection in prison communities, the defendants must take urgent steps to discharge, compassionate release, or transfer to home detention all prisoners that could be released and does not pose a risk to the general public, particularly those who are elderly and medically vulnerable,” the suit states.
Jason Parmeley, 46, of Greenville, Ill., and Marco Guirlando, 23, of El Dorado, Ark., filed the class action lawsuit on April 23 against President Donald Trump, U.S. Attorney William Barr, Director of the Federal Bureau of Prisons M.D. Carvajal, Director of the Department of Justice Adam W. Cohen, and prison warden Tom Werlich. They filed the suit pro se in U.S. District Court for the Southern District of Illinois seeking declaratory and injunctive relief.
In their complaint, the plaintiffs call for the “immediate compassionate release” of prisoners who have “serious underlying medical conditions that put them at particular risk of serious harm or death from COVID-19,” including asthma, heart disease, cancer, diabetes, epilepsy, and hypertension, among other conditions.
They also call for the release of prisoners who are medically vulnerable because they are 55 years old or older, the transfer to a detention home or halfway house for prisoners who are within 15 years of their release date and are “non-violent offenders that pose no threat to the public,” and for an order granting clemency to all viable applicants.
Parmeley claims he is at greater risk because he was diagnosed with hypertension, neurological complications and epilepsy. He further alleges he has served 39 percent of his sentence for a non-violent crime and has eight years until his release.
However, according to the U.S. Attorney’s Office for the Southern District of Illinois, Parmeley was sentenced in May 2017 to 14 years in prison for leading and organizing a “large stolen property fraud ring” and bank fraud, collectively amounting to more than $4,174,451 in theft.
During his plea hearing in December 2016, Parmeley admitted to using the internet to obtain credit account information from rental stores and retail stores such as Home Depot, Lowes, and Menards. He used the information to place orders under the names and credit accounts of his victims. The stolen items were sold below retail, and the profits were transferred to Parmeley in Mexico. His actions resulted in losses totaling more than $4 million.
Parmeley also admitted to bank fraud by electronically re-depositing checks that he had previously deposited, then withdrawing funds, causing Regions bank to suffer a loss of $174,451.80.
In the complaint, Guirlando claims he is a federal pre-trial detainee currently located at Union County in El Dorado, Ark. He claims he is at heightened risk because he suffers from asthma and had surgery in January 2019 to remove a pre-cancerous benign tumor from his upper back. He also claims he suffers from numerous facial fractures to his nose and orbital sockets.
Guirlando alleges he has been awaiting sentencing for 15 months for “a non-violent soft crime.”
“The maximum time set forth by the prosecutor is ten years,” the complaint states.
However, according to an order of detention filed Feb. 26, 2019, he is being charged with production of child pornography with count 1 carrying a 15-year minimum sentence. The order states that he has previous charges and convictions for sexual assault against a minor and a history of violating court orders.
Guirlando was allegedly on release pending trial in a related prosecution for sexual assault of the minor victim in his most recent case when he violated a no-contact order with the alleged victim.
“Defendant has demonstrated no intention to adhere to previous state court orders setting conditions of no-contact with the alleged minor victim in this case,” the order of detention states.
“The court has no basis to believe the defendant will abide by any condition or set of conditions placed on him in this case,” it continues.
In their complaint, Parmeley and Guirlando argue that reducing the prison population by half is the only “meaningful” way to prevent the spread of COVID-19 by coinciding with medical resources, allowing prisoners and staff to practice proper social distancing, and providing prisoners with their own cells. They claim the defendants have failed to take “reasonable measures” to “substantially reduce” the prison population.
“Public health experts with expertise in correctional settings have similarly recommended the release from custody of people most vulnerable to COVID-19 to protect the communities inside and outside the prisons, and to slow the spread of COVID-19 infection,” the complaint states.
When the case was filed, the plaintiffs argued that there were nearly 176,000 federal inmates living in close quarters in Bureau of Prison facilities. As of April 28, he Federal Bureau of Prisons reports that there are 142,446 inmates in Bureau-managed institutions and 10,447 people in community-based facilities.
Parmeley and Guirlando argue that 20 percent of the federal prison population could be infected with COVID-19 if officials fail to act with “the urgency and scope required to mitigate the oncoming harm.”
As of April 28, the Federal Bureau of Prisons reports that 1,313 inmates and 335 staff members have tested positive for COVID-19 with 30 inmate deaths and no staff member deaths. Additionally, 404 inmates and 132 staff members have reportedly recovered.
“These prisoners, including the plaintiffs were and could be sentenced to serve time, not sentenced to a death sentence; however, all inmates are in a fight for their lives,” the complaint states.
Parmeley and Guirlando argue that the risk of contracting COVID-19 is higher in unsanitary correctional facilities where social distancing measures cannot be fully or effectively implemented.
They state that prions lack protective gear, have faulty thermometers and are provided with insufficient cleaning supplies.
They also argue that mitigating the spread of COVID-19 is more difficult because inmates share toilets, sinks, and showers, and they have limited access to soap, hand sanitizer, and other necessary hygiene items.
“This means there are more people who are susceptible to getting infected, all congregated together in a context in which fighting the spread of an infection is nearly impossible,” the suit states.
“Without urgent action by Federal Bureau of Prisons director and the Department of Justice Director to drastically reduce Federal prison populations, the Novel Corona Virus (COVID-19) is likely to spread not just inside the prison system, but throughout the general public in the communities where the Federal prisons are located,” the adds.