People v. Allen

Case of a man who allegedly bit his neighbor and was charged with violating a Michigan bioterrorism statute based on the allegation that he has HIV.

In October 2009, Daniel Allen was involved in an altercation in which he allegedly bit his neighbor. Mr. Allen is facing assault charges as a result of the incident, but he also was charged with violating a Michigan bioterrorism statute based on the allegation he has HIV.

Lambda Legal filed an amicus brief in the matter, urging the court to drop the bioterrorism charge. The brief explains that the realities of HIV transmission risk do not support prosecuting Daniel Allen under a bioterrorism charge and that this charge leads to public misunderstanding of how HIV is transmitted, contributes to stigmatizing people with HIV and undermines important public health goals. The amicus brief was filed on behalf of Community AIDS Resource and Education Services, Michigan Positive Action Coalition, Michigan Protection and Advocacy Service, Inc., and Lambda Legal.

On June 2, 2010, the court dismissed the bioterrorism charge against Mr. Allen.