Pretrial Custody Safety Motion Builder

COMES NOW, Counsel for the Defendant, COURTNEY CLENNEY, pursuant to the Fourteenth Amendment to the United States Constitution and applicable state pretrial detention statutory standards, and respectfully moves this Court for an Emergency Order directing immediate protective custody transfer or modified conditions of release from Turner Guilford Knight Correctional Center. In support thereof, Defendant states as follows:

Counsel reports detainee was physically pushed, threatened, and confronted by multiple female inmates within general population. Facility staff failed to intervene immediately, creating an extreme risk to physical safety under 14th Amendment Due Process custodial standards.

A standardized custodial risk evaluation indicates an elevated vulnerability index score of 82/100 (CRITICAL RISK LEVEL). The primary vector identified (Physical Altercation / Shoving / Battery) demonstrates that continued housing in general population poses an unreasonable and unconstitutional threat to Defendant's personal safety.

Pretrial detainees possess a clearly established Fourteenth Amendment Due Process right to reasonable safety and protection from physical violence at the hands of fellow inmates. Detention officials owe a constitutional duty to protect pre-trial detainees from known custodial threats. Continued detention under current unmitigated conditions constitutes improper punitive hardship prior to adjudication.

WHEREFORE, Defendant respectfully requests that this Honorable Court:

1. Order the immediate transfer of Defendant to protective administrative segregation or an alternate safe housing facility; or
2. Set an immediate emergency hearing within 24 hours to review custodial conditions; and
3. Grant such other relief as the Court deems just and proper.

Respectfully submitted,

/s/ Defense Counsel of Record
Attorney for Defendant