Petitioners are a putative class of pre-trial and post-conviction detainees. The district court held that pre-trial detainees do not need to show deliberate indifference in order to state a due process claim for inadequate conditions of confinement, while post-conviction detainee must show that the jail conditions exposed him to an unreasonable risk of serious damage to his health and that defendants acted with deliberate indifference in posing such a risk. Finding that the defendants were aware of the risks of COVID-19 and disregarded those risks by failing to take proper steps to stem the spread, the petitioners have established a likelihood of success in showing deliberate indifference. The court granted a TRO including numerous improved conditions such as implementation of social distancing, providing adequate PPE, ensuring access to confidential phone calls with legal counsel, timely responses to sick calls, access to clean clothing and linens, staff training on use of infrared thermometers, etc.
Post-Conviction Detention [jail or prison], Pretrial Detention [jail]
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Motions Partially Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Central Detention Facility; Correctional Treatment Facility
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Two of the involved petitioners are pre-trial detainees and one is a post-conviction detainee. Mr. Banks's convictions are not discussed in the opinion.
Improved Conditions Ordered
The court ordered sweeping improvement in conditions, including that the defendant facility consult with public health professionals for educating staff and incarcerated individuals, monitor and track cell restrictions, expedite the triage process for sick call requests on non-quarantine units, promptly respond to symptomatic individuals, conduct staff training on non-touch infrared thermometers, provide consistent and reliable access to confidential legal phone calls, implement social distancing policies, and provide adequate PPE.
Motions Partially Granted
The motion was granted as to the improved conditions detailed previously, finding a likelihood of success on the merits and irreparable harm to warrant a TRO. The motion was denied as to the immediate release of the petitioners and the request for a prison population downsizing expert, finding it inappropriate as to the current factual record.
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
This decision was issued a few months ago. I would be interested to see if CTF/CDF complied with the both the mandatory improvements and with the recommendations of the court.
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.