The court ordered defendant to undertake measures to improve hygiene and safety at the jail. The court found that defendant had not imposed “even the most basic safety measures recommended by health experts” and thus petitioners were likely to succeed on the merits of their claim alleging that jail conditions violated their Eighth and Fourteenth Amendment rights. The court scheduled a hearing regarding the TRO requesting release of medically vulnerable individuals, because the court had insufficient information to rule on this request. (The Sixth Circuit subsequently stayed the preliminary injunction and then vacated the injunction on the merits.)
Cameron v. Bouchard, No. 20-10949, 2020 U.S. Dist. LEXIS 69356 (E.D. Mich. Apr. 17, 2020)
DETAILS
Decision
Date
4/17/2020
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Improved Conditions, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Michigan
Type of Case
Class Action
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
The court granted a request for a TRO improving hygiene and safety of individuals such as offering supply liquid soap, towels, hand sanitizers, disinfectant hand wipes or products. The court also imposed social distancing rules and ordered the jail to conduct immediate testing for anyone displaying symptoms. The jail was also required to ensure that symptomatic individuals have access to adequate medical care and are properly quarantined in a non-punitive setting.
Motions Partially Granted
The court granted the request for a TRO imposing measures improving hygiene and safety at the Jail. The court scheduled a hearing to address the TRO requiring release of medically vulnerable individuals.
Class Action Medically Vulnerable People
Medically-vulnerable putative subclass was defined as: "All members of the Jail class who are also over the age of fifty or who, regardless of age, experience an underlying medical condition that places them at particular risk of serious illness or death from COVID-19."
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.