The court certified the following classes: pre-trial detainees, post-conviction detainees, medically vulnerable sub-class, and disability sub-class. The Court further granted the the petitioners' request for a TRO mandating the defendants comply with CDC guidelines, finding that was in the public’s interest to do so. Notably, the court found the petitioners established a likelihood of success on the their disability claims and their deliberate indifference claims (under an objective or subjective standard). However, the court denied the petitioners' request for release of the medically vulnerable and disabled subclasses, concluding the determinations were too individualized and “[t]here are myriad risks of releasing incarcerated individuals without any consideration of crime committed, propensity to violence, or flight risk.”
Ahlman v. Barnes, No. 8:20-cv-00835 (JGB-SHK), 2020 WL 2754938 (C.D. Cal. May 26, 2020)
DETAILS
Decision
Date
5/26/2020
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
California
Type of Case
Class Action
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
20-cv-00835-JGB-SHK
MORE CASE INFORMATION
Court Name
W.D.N.C.
Decision
Motions Partially Granted
Place of Incarceration
Local / County Jail, Not specified
Name of Facility
Orange County Jail
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Defendants were ordered to comply with CDC guidelines to mitigate the spread of the virus in the facility. Defendants were ordered to: provide access to necessary disinfecting and hygiene supplies free of charge (including soap, hand sanitizer, access to showers, etc.); provide adequate space for social distancing; require all staff to wear personal protective equipment; and conduct testing and take temperatures daily.
Motions Partially Granted
Petitioner's TRO and PI was granted as to requiring Defendant to comply with CDC guidelines, but denied as to releasing inmates indicated as medically vulnerable or disabled.
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Other, Exhaustion requirement upheld
Pre-Existing Health Conditions
Age, Kidney Disease, Other, Seizures
Class Action Medically Vulnerable People
A subclass of all persons who, by reason of age or medical condition, the CDC has identified as particularly vulnerable to injury or death if they were to contract COVID-19.
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.