Seth v. McDonough (D. Md.) - Class Action - Improved Conditions Grant / Release of COVID-19 Positive Individuals Denial
The plaintiffs filed a class action on behalf of pre-trial and post-conviction detainees as well as a subclass of medically vulnerable detainees at the Prince George’s County Jail located in Maryland. At this stage, the plaintiffs sought temporary injunctive relief ordering improved conditions for all detainees, the immediate release of the medically vulnerable subclass, and the release of COVID-19 positive detainees who have satisfied state court-ordered release conditions. The court granted injunctive relief on improved conditions, finding that the objectively serious conditions at the facility and the subjectively reckless state of mind of the government officials, combined with the likelihood of irreparable harm and the grave public interest, warranted relief. On the other hand, the court denied the release the medically vulnerable subclass because the habeas claim is not substantial and because the plaintiffs had not demonstrated that release is necessary to make the habeas remedy effective. Finally, the court found that the defendant’s actions did not show a failure to release COVID-19 positive detainees who qualify for release under the state court order and therefore rejected the relief there as well.
Seth v. McDonough, No. 8:20-cv-1028-PX, 2020 WL 2571168 (D. Md. May 21, 2020)
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