Sanchez v. Brown - TRO and PI Denied - Failure to Exhaust
The court denied petitioners’ motions for a temporary restraining order, preliminary injunction, and writ of habeas corpus in connection with putative class action, concluding (1) habeas is not available to review questions unrelated to cause of detention, (2) the petitioners failed to exhaust state remedies, (3) exhaustion may not be excused because petitioners have not shown bond hearings are unattainable in state court, (4) the § 1983 for deliberate indifference cannot succeed after Valentine where defendants have mitigated the risk of harm and where there was no evidence of subjective indifference, and (5) PLRA exhaustion applied to the § 1983 claim, due to failure to exhaust the jail's grievance procedures. The court also found that it could not turn CDC recommendations into "orders" for federalism and separation of powers reasons.
Sanchez v. Brown, No. 3:20-cv-00832, 2020 WL 2615931 (N.D. Tex. May 22, 2020)
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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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