The Plaintiffs, Busby and Edgington, filed a motion to represent a class and a subclass in a petition for a Writ of Habeas Corpus ultimately seeking release from Shelby County Jail. First, the court denied the Jail’s motion to dismiss because (1) the plaintiffs’ pleading under § 2241 was proper since they are seeking release rather than improved conditions, (2) no state law remedies are available, and (3) the PLRA does not apply to cases brought under § 2241. Second, the court certified the plaintiffs’ class and subclass because the requirements of numerosity, commonality, and adequacy of representation were met. However, the court found the proposed class to be too broad and narrowed the class to those suffering from health conditions that the CDC recognizes as increasing the risk of COVID-19.
Busby v. Bonner, No. 20-cv-2359-SHL, 466 F. Supp. 3d 821 (W.D. Tenn. 2020).
DETAILS
Decision
Date
06/10/2020
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Tennessee
Type of Case
Class Action
Case Characteristics
Elderly, Pre-Existing Health Conditions, Pretrial Detention [jail]
The defendant's motion to dismiss was denied. The plaintiff's motion for class certification was partially granted after the court altered the scope of the class.
Age (65 years or older); Asthma (moderate to severe); Lung Disease (Chronic Lung Disease, COPD, emphysema, chronic bronchitis, idiopathic pulmonary fibrosis, and cystic fibrosis); Cardiac Disease (heart failure, coronary artery disease, congenital heart disease, cardiomyopathies); Hypertension (pulmonary hypertension); HIV (poorly controlled HIV or AIDS); Medication-Related Immunocompromise (prolonged use of corticosteroids); Obesity (severe obesity, BMI of 40 or higher); Kidney Disease (chronic kidney disease undergoing dialysis); Liver Disease (chronic liver disease, cirrhosis); Hemoglobin Disorders (sickle cell disease, thalassemia).
Class Action Medically Vulnerable People
The Class is defined as:
All persons currently or in the future held at the Jail in pretrial custody during the
COVID-19 pandemic who are 65 and older, as well as all persons currently or in
the future held at the Jail of any age who are suffering from: (a) chronic lung disease or moderate to severe asthma (including chronic obstructive pulmonary disease (COPD) (including emphysema and chronic bronchitis), idiopathic pulmonary fibrosis and cystic fibrosis); (b) serious heart conditions (including heart failure, coronary artery disease, congenital heart disease, cardiomyopathies, and pulmonary hypertension); (c) immunocompromised (including cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS, and prolonged use of corticosteroids and other immune weakening medications); (d) severe obesity (body mass index [BMI] of 40 or higher); (e) diabetes; (f) chronic kidney disease undergoing dialysis; (g) chronic liver disease, including cirrhosis; and (h) hemoglobin disorders, including sickle cell disease and thalassemia.
The subclass is defined as:
All persons currently or in the future held at the Jail in pretrial custody during the COVID-19 pandemic who are at increased risk of COVID-19 complications or death because of disabilities as defined in the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.