Lori Loughlin‘s husband Mossimo Giannulli requested to be moved from prison to home confinement in an emergency motion filed this week, as he serves the remainder of his five-month prison sentence following his involvement in the college admissions scandal.

“Mr. Giannulli spent almost 40% of his total sentence confined in solitary quarantine, despite testing negative for COVID-19 at least ten times and despite his counsel’s multiple requests that [the Bureau of Prisons] release him from quarantine,” the filing said. According to prison rules, every time a new inmate tests positive for COVID-19, all of the inmates must quarantine for two weeks.

Giannulli’s lawyer claimed that his client “was immediately placed in solitary confinement in a small cell at the adjacent medium security penitentiary, 24 hours per day with only three short 20 minute breaks per week, where he remained for 56 days before finally being transferred to the camp yesterday (January 13).”

According to a post from Giannulli’s son’s private Instagram, Gianni Giannulli wrote that his father had been kept in solitary confinement at a medium security prison, even though the family was promised he would be kept at a minimum security prison. His son claimed that he was “only let out every 3 days for a few moments to shower,” though the prison said it allows inmates out for one hour each day during quarantine.

The 57-year-old fashion designer began his sentence in November, and was given a longer sentence than Loughlin after a judge deemed that he played a larger role in the college admissions scandal. Loughlin was released on December 28. Giannulli is currently serving his sentence at a federal prison in Lompoc, California.

His lawyers argued for his release, saying that he would be able to more safely quarantine under house arrest: “He has a stable home environment — to which he will directly and immediately travel upon release — with resources that will allow him to quarantine safely and remain at home for the remainder of his sentence,” they wrote.

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