A class action on behalf of all incarcerated individuals in D.C. facilities, both pretrial and post-conviction, won a preliminary injunction on June 18, 2020, compelling the facilities to provide better care to COVID-19 positive individuals and improve conditions to prevent further spread of the virus. The D.C. Dept. of Corrections appealed, and the D.C. Cir. found that according to the PLRA, the preliminary injunction was moot at the time of the appeal because the injunction went past the 90 day automatic expiration date of preliminary injunctions (under the Act). This court dismissed the injunction, and remanded for further proceedings on the other claims the class action brought.
Banks v. Booth, 3 F. 4th 445 (D.C. Cir. 2021)
DETAILS
Decision
Date
07/06/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Improved Conditions, Preliminary Injunction (PI), Temporary Restraining Order (TRO)
Type of Court
Federal Appellate Court
Location
District of Columbia
Type of Case
Class Action
Case Characteristics
Post-Conviction Detention [jail or prison], Pretrial Detention [jail]
Compassionate Release Case
No
Case Tracking Number
1:20-cv-00849
MORE CASE INFORMATION
Court Name
D.C. Cir.
Decision
Case Pending
Place of Incarceration
Other, All D.C. Prison Facilities (pretrial and post-conviction facilities)
Name of Facility
All District of Columbia Department of Corrections facilities
Legal Authority
Prison Litigation Reform Act (PLRA) Exhaustion
Case Status
Reversed
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.