Alcantara v. Keyser

Background

Quiry Alcantara, an incarcerated person proceeding without a lawyer, filed a petition under 28 U.S.C. § 2254 on April 16, 2020. He sought release from Sullivan Correctional Facility in Fallsburg, New York, alleging that the COVID-19 pandemic and his compromised immune system created extraordinary and compelling reasons for release.

Alcantara had received an indeterminate sentence of 25 years to life in 2008 after a New York state jury convicted him of second-degree murder. He had previously filed a federal § 2254 petition challenging his conviction; that petition was denied, and the Second Circuit denied his request for a certificate of appealability in 2014.

At the same time he filed this federal case, Alcantara filed a state petition under Article 70 of New York’s Civil Practice Law and Rules. The state court denied that petition on the merits, finding that the facility had taken numerous pandemic precautions and that Alcantara had not shown deliberate indifference to his medical needs. The Appellate Division affirmed, and the New York Court of Appeals denied leave to appeal on September 2, 2021.

Issue and legal framework

The federal court explained that a prisoner has two main ways to seek relief. A petition under § 2254 challenges the legality of custody and can seek release if the custody is unlawful. A civil-rights action under 42 U.S.C. § 1983 generally addresses the circumstances of confinement, such as prison conditions.

Courts within the Second Circuit disagreed about how to classify requests for release from state custody based on exposure to COVID-19. One Southern District of New York decision held that such claims challenge conditions of confinement and must be brought under § 1983. Two other decisions held that similar requests were properly brought as § 2254 petitions and could not be brought as § 1983 actions.

Appeals involving those decisions were pending before the Second Circuit. The court noted that the appeals were being heard together and that the circuit had not yet provided controlling guidance on the issue.

Ruling and disposition

The court stayed the case pending the Second Circuit’s guidance. It directed the parties to submit a status report after the Second Circuit appeals in the related matters concluded. The Clerk of Court was directed to mail Alcantara a copy of the order and stay the case.

The order did not decide whether Alcantara was entitled to release under § 2254, and it did not resolve the disagreement about whether COVID-19 release claims must be brought as custody petitions or civil-rights actions.