United States v. Gorglione
1:19-cv-12406
D. Mass.Apr 6, 2021Background
- Robert Gorglione was convicted in 1998 of conspiracy to distribute cocaine and later violated supervised release; while incarcerated he was found to have Schizoaffective Disorder and to pose a danger if released.
- In July 2012 the court civilly committed Gorglione under 18 U.S.C. § 4246 after finding he refused to accept his diagnosis and would not take medication without a court order.
- From 2012–2017 FMC‑Devens repeatedly recommended continued hospitalization; a December 2017 RAP report recommended conditional release but a May 2019 RAP reverted to recommending continued commitment.
- The Court ordered an updated RAP report; on August 27, 2020 the RAP issued a sealed report recommending conditional release under a prescribed regimen of treatment.
- Despite repeated status conferences and efforts by the parties to arrange placement/housing, no release plan had been implemented; the Court concluded further delay risked unnecessary detention.
- The Court ordered the Warden of FMC‑Devens to submit a proposed conditional‑release program by May 7, 2021 and directed that Gorglione be released under appropriate conditions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether release is governed by § 4246(e) after facility certification of recovery | United States emphasized need to secure placement and compliance measures before discharge | Gorglione relied on the RAP certification that his conditional release would not create substantial risk | Court held § 4246(e) applies when facility certifies recovery and constrains continued detention; court must order discharge or conditional release per statute |
| Whether Gorglione should be released promptly despite placement delays | United States urged more time to arrange housing/transfer and to satisfy release conditions | Gorglione sought immediate conditional release under the RAP plan | Court ordered release with conditions and required the Warden to file a proposed conditional‑release program by a date certain to avoid further unnecessary custody |
Key Cases Cited
- United States v. S.A., 129 F.3d 995 (8th Cir. 1997) (discusses § 4246(d) indefinite hospitalization pending state assumption or recovery)
- Ecker v. United States, 538 F. Supp. 2d 331 (D. Mass. 2008) (district court ordering conditional release under § 4246(e))
- Ecker v. United States, 575 F.3d 70 (1st Cir. 2009) (First Circuit affirming § 4246(e) conditional‑release decision)