Two plaintiffs who were detained in Weld County jail and had medical conditions (diabetes, hypertension, history of smoking, hypoglycemia) brought a class action deliberate indifference claim seeking improved conditions. Parties came to a settlement wherein the defendant would provide improved conditions for medically vulnerable incarcerated people without acknowledgement of fault. The court preliminarily approved the settlement agreement, except for the proposed notification of class members by posting notices in the jail, which the court found was not reasonably calculated to apprise class members of the settlement. Once the parties provided supplemental briefs describing where the notices would be posted, whether the notices would be in English and Spanish, and a location for class members to send objections, the court would approve the settlement.
Martinez v. Reams, No. 20-CV-00977-PAB-SKC, 2020 WL 7319081 (D. Colo. Dec. 11, 2020)
DETAILS
Decision
Date
12/11/2020
Practice Area
Criminal (State Charges)
Relief Requested
Improved Conditions, Other, Preliminary Injunction (PI), Temporary Restraining Order (TRO), Preliminary approval of settlement
Type of Court
Federal District Court
Location
Colorado
Type of Case
Class Action
Case Characteristics
Post-Conviction Detention [jail or prison], Pretrial Detention [jail]
"An inmate is “medically vulnerable” if, pursuant to CDC guidelines for
correctional facilities like the WCJ which exist as of the date this proposed
Consent Decree and Final Judgment was submitted to the Court, the
inmate has one or more of the following conditions: is 65 years and older;
has chronic lung disease including COPD; has moderate to severe
asthma; has serious heart conditions such as heart failure, coronary artery
disease or cardiomyopathies; has sickle cell disease; is
immunocompromised; has severe obesity (e.g. BMI of 30 or higher); has
diabetes; has chronic kidney disease and is undergoing dialysis; has liver
disease; has cancer; is pregnant; or is a former or current cigarette
smoker."
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.
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