Jessamy v. Lamanna

Background

Thomas Jessamy, the petitioner, asked the court for release while it considered his petition seeking review of the legality of his custody. The court received his request and related letter on February 10, 2022. Jessamy also objected to the court’s January 26 order giving Amy Lamanna, the respondent, a 30-day extension to respond to the petition. Lamanna opposed the request for release.

Bail request

The court explained that a person seeking release while a custody challenge is pending must show both substantial claims and extraordinary circumstances that make release necessary for the court’s remedy to be effective. The court ruled that Jessamy had not shown extraordinary circumstances. It stated that alleging unconstitutional confinement was not enough because most people bringing custody challenges make that argument. It also found insufficient his complaints that he could not see his family or consult a lawyer and his statement that he would seek employment if released.

Because Jessamy had not shown extraordinary circumstances, the court did not address the merits of his underlying allegations.

Objections to extension

The court also rejected Jessamy’s objections to the response deadline. It found that Lamanna had given sufficient reasons for the brief extension. The court explained that March 14, 2022, was the correct deadline because it was the first business day after March 13, which was 30 days after Lamanna’s original February 11 deadline.

Disposition

The court ordered that Jessamy’s request for release be DENIED and that his objections be OVERRULED. It directed the clerk to terminate the pending motion and mail a copy of the order to Jessamy. The order did not decide the merits of Jessamy’s underlying custody challenge.