Evans v. State of New Mexico and Warden Derek WIlliams

The American Civil Liberties Union (ACLU) of New Mexico filed a Petition for Writ of Habeas Corpus in the First Judicial District Court, demanding the release of a woman held in Santa Fe County Jail on a non-serious probation violation. Yesenia Evans suffers from systemic sclerosis, a rare autoimmune disease that impacts the function of her digestive system, heart, lungs, and kidneys and makes her especially vulnerable to COVID-19. The ACLU’s petition contends that continuing to confine Ms. Evans constitutes deliberate indifference to the excessive risk of serious harm of COVID-19 and violates her constitutional right to be free from cruel and unusual punishment. The petition also contends that continuing to incarcerate Ms. Evans subjects her to atypical and significant hardship that violates her due process rights.