Five individuals filed a putative representative habeas and § 1983 class action covering all people detained at Oakland County Jail (with three subclasses for pre-trial individuals, post-conviction individuals, and medically vulnerable individuals). The court certified the class and subclasses, granted a preliminary injunction on a deliberate indifference theory, and denied the government's motion to dismiss. Notably, the court held that both the 28 U.S.C. § 2241 and PLRA exhaustion requirements were satisfied because any prison grievance procedures were "unavailable," and it appeared to credit petitioners' expert's opinion that the CDC list of high-risk conditions was incomplete. The court's detailed order required the defendants to improve a host of conditions and make numerous disclosures, and it indicated that the court would soon proceed to consider releases on an individualized basis.
The Sixth Circuit subsequently stayed the preliminary injunction, finding that plaintiffs were unlikely to succeed on the merits in light of its intervening decision in Wilson v. Williams, No. 20-3447, __ F. 3d __, 2020 WL 3056217 (6th Cir. June 9, 2020).
Cameron v. Bouchard, No. 2:20-cv-10949-LVP-MJH, __ F. Supp. 3d __, 2020 WL 2569868 (E.D. Mich. May 21, 2020)
A host of conditions detailed in ECF No. 94, including: provision of free hand soap and hand towels; provision of disinfectant hand wipes and cleaning supplies; cleaning of any shared surfaces every hour; monitoring and supervising regular sanitation of common spaces and surfaces; access to clean showers and clean laundry at least bi-weekly; masks for all incarcerated persons and staff; requiring all jail staff to wear PPE and use hand soap and sanitizer; permitting incarcerated persons to self-report COVID-19 symptoms; providing a detailed plan within 3 business days for testing all incarcerated persons for COVID-19, prioritizing medically vulnerable individuals; immediately testing anyone displaying COVID-19 symptoms; providing for social distancing of six feet to the maximum extent possible; providing adequate medical care for those identified as COVID-19 symptomatic or positive, with continued access to showers, mental health services, communication with loved ones, communication with counsel, and the like; responding to all COVID-19 emergencies within an hour; posting information in units about the COVID-19 pandemic and hand-washing; training staff to identify COVID-19 symptoms and reduce transmission; waiving or suspending various medical charges; suspending use of multi-person cells except in specific circumstances; ensuring communication is available between plaintiffs' counsel and detained persons; and disclosing a list of medically vulnerable subclass members to plaintiffs' counsel and the court.
Class Action Medically Vulnerable People
"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." The court appeared to accept plaintiffs' expert's opinion that the CDC list of high-risk conditions was incomplete.
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Yes
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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.