Two individuals incarcerated in facilities operated by the Maine Department of Corrections filed a habeas action seeking a temporary restraining order on behalf of themselves and others similarly situated against the department and its commissioner, claiming Eighth Amendment violations and violations of the Americans with Disabilities Act and the Rehabilitation Act. The court dismiss the motion, because given the relatively low number of confirmed cases of COVID-19 in the department facilities and what the court expects will be a rapid resolution of the request for a preliminary injunction, the court does not see the need for temporary injunctive relief at this time.
Denbow v. Maine Dep't of Corr.
DETAILS
Decision
Date
06/08/2020
Practice Area
Criminal (State Charges)
Relief Requested
Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Maine
Type of Case
Class Action
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
No
Case Tracking Number
1:20-cv-00175-JAW
MORE CASE INFORMATION
Court Name
D. Me.
Decision
Motion Denied
Place of Incarceration
State Prison
Name of Facility
Mountain View Correctional Facility
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
Americans with Disabilities Act (ADA), Rehabilitation Act
Convictions
Two counts of aggravated trafficking of drugs; driving without a license; and aggravated forgery.
Age (54 and 56), Hepatitis (C), asthma (unspecified), cancer (colorectal)
Class Action Medically Vulnerable People
All current and future individuals incarcerated at the Maine Department of Corrections (MDOC) facilities who, by reason of age or medical condition, are particularly vulnerable to injury or death if they were to contract COVID-19. Subclasses: Imminent Release Subclass (class members set to be released within one year), Minimum Security Subclass (class members classified by MDOC as minimum or community security), and Disabilities Subclass (class members medically vulnerable to COVID-19 because of disabilities protected by federal law).
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
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.