CASE LAW UPDATE: Whether the trial court did not err in denying plaintiff’s request for relief based up COVID?
Defendant is incarcerated in Moose Lake Prison. Defendant requested to be released on the grounds that the Minnesota Department of Corrections, its Commissioner, and the prison’s Warden were not complying with their duties to protect him from COVID. The trial court denied defendant’s petition for a writ of habeas corpus, and, for a writ of mandamus. The Minnesota Court of Appeals concluded that the trial court did not err in denying defendant’s request on the grounds that he failed to establish that respondents were deliberately indifferent to a substantial risk of serious harm to the health of defendant and other prisoners. Affirmed.
Foster v. Minn. Dept. of Corrections, A20-0976, (Carlton County).
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.