Weller v. United States

Background

David Richard Weller filed a petition for a writ of habeas corpus, a procedure for challenging unlawful custody. The petition challenged the conditions of his confinement at the Federal Correctional Institution in Sandstone, Minnesota. Weller stated that he had twice tested positive for COVID-19 and alleged that the Bureau of Prisons and prison officials were not doing enough to contain the virus. He asked for release to house arrest through the Veterans Administration.

The petition also requested a temporary restraining order. The court had previously treated that request as a motion for a preliminary injunction, which seeks court-ordered relief while a case is pending. Weller also mentioned that he had filed a compassionate-release motion with the court that imposed his sentence.

Court’s Analysis

The court concluded that Weller’s claims were conditions-of-confinement claims. Weller did not argue that his sentence had been imposed illegally or violated the Constitution; instead, he argued that the prison’s pandemic response was unconstitutional. The court held that a habeas petition is not the proper way to raise such claims and therefore concluded that it lacked jurisdiction over the petition.

The court stated that a claim about prison conditions must instead be brought under 42 U.S.C. § 1983, with the associated requirement to pay the full filing fee either at once or in installments. The court did not decide whether the conditions at FCI Sandstone were unconstitutional.

The court also explained that, even if it had jurisdiction, it could not grant the requested relief through this action. Under the statute cited by the court, the Bureau of Prisons has sole discretion to decide whether a prisoner should be transferred to home confinement. If the request were treated as one for compassionate release, only the sentencing court could grant that relief. The court further stated that Weller had not shown that he was entitled to compassionate release because he did not identify underlying health conditions making him especially vulnerable to severe COVID-19 complications, and his relatively mild symptoms did not establish that he faced such complications.

Disposition

Judge Paul A. Magnuson ruled that the court lacked jurisdiction over Weller’s claims and that his request for injunctive relief necessarily failed. The court denied the petition for a writ of habeas corpus and ordered judgment entered.