Ten individuals filed a § 1983 class action covering a class of persons in West Virginia jails with medical or mental health problems and a class including all persons who were inmates at a particular facility. Plaintiffs sought a preliminary injunction requiring the Department of Corrections to develop and implement a plan to protect them from COVID-19 and release enough people to allow for social distancing and reduce overcrowding. The court denied the motion, finding that Plaintiffs had not shown a likelihood of success on the merits of their deliberate indifference claim because Defendants had already developed and implemented a COVID-19 response plan and had begun efforts to release inmates, which would render any injunctive relief redundant.
Baxley v. Jividen, No. 3:18-01526, WL 1802935 (S.D. W. Va. Apr. 8, 2020)
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
3:18-CV-01526
MORE CASE INFORMATION
Court Name
S.D. W. Va.
Decision
Motion Denied
Place of Incarceration
State Prison
Name of Facility
The suit is against the entire West Virginia Department of Corrections and Rehabilitation, though one of the classes (Class B) is specific to those in the Western Regional Jail and Correctional Facility in Barboursville
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Legal Authority
Section 1983
Case Status
Decision Made
Class Action Medically Vulnerable People
One of the two classes recognized includes all persons who are or will be admitted to a jail in West Virginia who have a "discernable, treatable medical and/or mental health problem"
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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.