Mossimo Giannulli was sentenced to five months in prison, but after 56 days in solitary confinement, he’s requesting an early release.

According to court documents obtained by E! News, Lori Loughlin‘s husband filed an emergency motion to modify his sentence. Specifically, his lawyer has asked a judge to consider allowing Mossimo fulfill the rest of his sentence at home, citing concerns surrounding the circumstances of his detainment.

Per his plea agreement reached in, upon entering prison Mossimo was supposed to quarantine with other minimum security prisoners, after which he’d be relocated to a minimum security camp. However, his lawyer claims that Mossimo was placed into solitary confinement located near medium security prisoners for 24 hours a day, even after testing negative for COVID-19 multiple times.

During his time in solitary, Mossimo’s lawyer claims he was allowed to leave his cell three times a week to shower, but otherwise remained inside for meals. The lawyer additionally claims he was only sporadically allowed to call his family.