Plaintiffs filed a class action on behalf of all incarcerated individuals in the Oregon Department of Corrections who had not yet received a COVID-19 vaccine. They argued that not prioritizing those living in correctional settings for the vaccine demonstrated deliberate indifference to the health and safety of those relying on the state's care. The court found that the Plaintiffs demonstrated a substantial likelihood of success on the merits of its Eighth Amendment claim, certified a Vaccine Class, and ordered defendants to offer all individuals in the class a COVID-19 vaccine.
Maney v. Brown, 516 F. Supp. 3d 1161 (D. Or. Feb. 2, 2021)
DETAILS
Decision
Date
02/02/2021
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Preliminary Injunction (PI), Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Oregon
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
6:20-cv-00570-SB
MORE CASE INFORMATION
Court Name
D. Or.
Decision
Motion Granted
Place of Incarceration
State Prison
Name of Facility
Oregon Department of Corrections
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
Prison Litigation Reform Act (PLRA) Exhaustion
Case Status
Decision Made But Case Still Pending
Date of Legal Filing
02/02/2021
Improved Conditions Ordered
The judge ordered that the defendants to order all adults in custody at the Oregon Department of Corrections institutions to be offered a COVID-19 vaccine.
Pre-Existing Health Conditions
Age
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
Potential Research
Lack of COVID-19 vaccinations for inmates; the rise of COVID-19 infections amongst populations in prisons
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.