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CONNECTICUT OPINIONS JUNE 22, 2020 ¦ 35

Plaintiff was a female freshman full-time stu- Defendant pled guilty to six counts of tax
dent at the University of Connecticut, and evasion and obstructing collection, and was
a member of the women’s soccer team with sentenced to 90 months incarceration; he has
an athletic scholarship. The scholarship was served 18 months of his sentence. Defendant is
conditional upon adherence to NCAA rules 58 and has high blood pressure and takes medi-
and could be withdrawn for “serious miscon- cation to control it. In light of the outbreak
duct” and the Student-Athlete Handbook. of COVID-19, defendant moved to reduce his
The handbook specified code of conduct that sentence pursuant to the First Step Act, and
would not be tolerated, including unsports- the court denied the motion. The court agreed
manlike behavior. After UConn won the AAC with the government that high blood pressure
tournament, while celebrating with teammates and being under 65 were not substantial health
on the field, the plaintiff made an obscene factors that favored a reduction of sentence in
gesture at one of the ESPNU cameras that light of COVID-19. As such, the court found
was covering the game, which was broadcast there was no extraordinary or compelling rea-
nationwide live. Plaintiff was immediately son for reduction.
suspended from the team, reprimanded by the
AAC, and ultimately her scholarship grant-in-
aid was cancelled following recommendation Court Denies Immediate Release In
by her coaches. Plaintiff transferred to Hof- Light Of COVID-19 Where Sentencing
stra, and appealed the decision to cancel her Was Specifically Cited As Deterrent
grant, which was denied. Comparatively, the
court noted several male student athletes who CASE: United States v. O’Garro
had equally unsportsmanlike incidents who COURT: U.S. District Court for Connecticut
did not receive cancellations of their grants. DOC. NO.: 3:14-cr-227
Plaintiff filed a claim against the coaches, COURT OPINION BY: Thompson
athletic director, and board of trustees for DATE: June 10, 2020 • PAGES: 7
violation of her First Amendment rights
under the Equal Protection Clause, as well as Defendant was convicted by a jury of three
breach of contract and negligent infliction of counts of wire and mail fraud, and was sentenced
to 78 months imprisonment on each count, to
emotional distress, and both parties moved be served concurrently. Defendant moved for
for summary judgment. Defendants argued compassionate release in light of the COVID-
that plaintiff failed to prove discriminatory 19 outbreak, citing his diagnosis of beta-thalas-
motive, and that the male athletes were not semia as an extraordinary and compelling rea-
similarly situated, and the court agreed find- son for release. The court denied compassionate
ing that they were not disciplined by the same release, citing the trial court’s deterrent sentenc-
supervisors (coaches). The court also found ing. The court found release would undermine
plaintiff failed to establish sexual discrimi- the purpose of the sentence imposed, and that
natory intent. The court granted defendants’ weighed against release.
motion for summary judgment on the Title
IX claim and Equal Protection claim. The Court Denies Motion For
court found plaintiff ’s gesture was protected Compassionate Release For 50-Year-
speech, however defendants were entitled to
qualified immunity. Old Defendant With High Cholesterol

CRIMINAL LAW CASE: United States v. Malone
COURT: U.S. District Court for Connecticut
Court Denies Compassionate Release DOC. NO.: 3:18cr-65
For COVID-19 To Inmate Who Is 58 with COURT OPINION BY: Arterton
High Blood Pressure DATE: June 04, 2020 • PAGES: 6

CASE: United States v. Adams Defendant pled guilty to four counts of theft
COURT: U.S. District Court for Connecticut from federal funds, and was sentenced to 24
DOC. NO.: 3:16-CR-86 months imprisonment. Defendant is 50 years
COURT OPINION BY: Bryant old, has high cholesterol, and has a family history
DATE: June 04, 2020 • PAGES: 9 of heart disease. In light of the COVID-19 out-
break, defendant moved for immediate compas-
sionate release, citing his health as a compelling

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