Originally published March 27, 2021. Statements about the law were updated in October 2026; the box below gives today’s rules.

Outcomes vary. A past result does not predict or guarantee the outcome of any other case.

United States v. Hodge, 2021 U.S. Dist. LEXIS 58090

In 2021, a federal judge ordered the release of Richard Hodge, Jr., a man with a double liver-kidney transplant who got sick with COVID-19 at FCI Butner. The court found the prison had struggled to contain the virus, and his weak immune system put him at high risk if he caught it again.

His case

On November 27, 2017, Richard Hodge, Jr. was arrested on charges of conspiracy to distribute between 200 and 350 grams of a mixture or substance containing methamphetamine. He was sentenced to 98 months in prison, followed by four years of supervised release, and sent to Butner Medium II Federal Correctional Institution.

His health and his COVID-19 illness

Mr. Hodge had end-stage liver and kidney disease, which led to a double liver-kidney transplant in October 2013.

He caught COVID-19 in prison and had serious symptoms. His lungs felt like they were “on fire,” and he had vomiting and diarrhea for 9 days.

He argued that medical staff at FCI Butner did not properly treat or monitor him. He said they failed to record his symptoms and oxygen levels and did not make sure his other medical conditions were treated while he fought COVID.

In fact, after his diagnosis, his medical provider at FCI Butner wrote in his chart: “Due to the sheer volume of inmates positive with covid-19, daily vital signs and covid screenings are no longer recommended.”

He also argued that, because his immune system was already weakened, his health conditions put him at higher risk of serious complications or death if he got COVID-19 again.

What the court said about FCI Butner

The court agreed with Mr. Hodge and ordered him released on March 29, 2021. About FCI Butner’s response to COVID, the court wrote:

Turning to FCI Butner’s response to the COVID-19 pandemic, it is clear the facility has struggled to contain the virus. Certainly it is understandable that the dangers of coronavirus are exacerbated by the prison environment, even when significant measures are undertaken to prevent its spread. FCI Butner, where Mr. Hodge is housed, has been hit hard by COVID. FCI Butner Medium II has 435 inmates who have previously been infected with the virus and 3 deaths

These concerns, along with Mr. Hodge’s acceptance of responsibility for his crimes, led to his compassionate release.

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