FCI Loretto admits severity of coronavirus outbreak

Prison still seeks dismissal of inmate’s lawsuit

In filing a petition Wednesday replying to an inmate's request for compassionate release due to health reasons, the Federal Correctional Institution at Loretto has admitted the severity of the COVID-19 outbreak in the prison, but seeks dismissal of the inmate's lawsuit.

Assistant U.S. Attorney Matthew S. McHale from Pittsburgh responded Wednesday to a recent order by U.S. Magistrate Judge Patricia L. Dodge, asking the government to answer a petition filed by inmate Dr. Atif B. Malik, who is serving a sentence for financial fraud.

Earlier this year, Malik, 50, serving as his own attorney, sought a compassionate release from imprisonment because he feared that his medical problems, including diabetes, hypertension and heart and lung disease, could endanger his life due to the rapid spread of the coronavirus in the institution.

It was noted that the U.S. Bureau of Prisons "has begun additional testing of asymptomatic inmates to assist in slowing transmissions within the correctional setting."

Malik is one of the inmates who tested positive for COVID-19. He is considered asymptomatic, meaning that despite a positive test, he was not showing symptoms of the disease.

Malik's case has lingered because he also applied for a home-confinement order from the federal judge in Maryland who imposed his original five-year sentence.

Malik's attempts to be released from FCI Loretto have so far fallen short, but on Dec. 8, an attorney for Malik, Timothy C. Parlatore of New York, sent a letter to the magistrate judge seeking a hearing.

"As outlined in our papers, Dr. Malik has significant health conditions that place him at greater risk of death from COVID-19," Malik's attorney said.

He is seeking an expedited videoconference hearing, noting "any delay poses substantial danger to Dr. Malik's health and risk of death."

The magistrate judge ordered that an answer be filed this week to the Malik petition for either compassionate release or possibly home confinement.

In replying, the Assistant U.S. Attorney reported, "The recent increase in COVID-19 positives at FCI Loretto presents a challenge to the health and safety of both inmates and staff."

On Dec. 15, "The Bureau of Prisons was reporting 620 inmates positive (105 recovered), the highest number in any facility listed."

While the statistics are "sobering," they do not mean Malik is entitled to relief, according to the government answer.

The government argues that Malik has not followed procedure in seeking relief within the prison system, a step that is required by the U.S. 3rd Circuit Court of Appeals, which oversees federal cases in Pennsylvania.

Malik cited five cases in which federal inmates have been granted compassionate release this year, but none were within the 3rd Circuit.

The government also believes Malik is exaggerating his health ailments, noting that he keeps asserting he suffers from diabetes -- invoking the "alarming research" related to diabetes and COVID-19 -- but refused to accept monitoring of his blood sugar levels.

His medical records, the government insists, "do not support a history of elevated blood sugar levels that would be consistent with a diagnosis of Type 2 diabetes."

The government contends that Malik does not suffer from other conditions that increase the danger of contacting COVID-19, like obesity or chronic lung disease.

Also, the federal attorney questions the authority of the federal court -- as opposed to the Bureau of Prisons -- to grant home confinement or a medical furlough to an inmate.

It will be up to the magistrate judge to make a recommendation as to Malik's attempt to gain his release.