Several people detained at the Metro West jail filed a class action on behalf of all people who are or will be detained during the pandemic. The district court granted relief requiring the jail to take various precautions to protect those in its custody. However, the Eleventh Circuit subsequently stayed the TRO pending appeal in Swain v. Junior, 958 F.3d 1081 (11th Cir. 2020).
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Motions Partially Granted
Place of Incarceration
Local / County Jail
Name of Facility
Metro West Detention Center
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Other, Prison Litigation Reform Act (PLRA) Exhaustion, Section 1983, § 2241 Habeas, Fed. R. Crim. P. 38(b)(1)
Decision Made But Case Still Pending
Improved Conditions Ordered
1. The jail administration was ordered to submit a list of all people detained at Metro West Detention Center who met the medical criteria set out by the court.
2. The administration was ordered to file a notice describing measures taken to protect the people that fit the medical criteria set by the court.
3. The administration was further ordered to
a. communicate to all detainees information about COVID-19 and measures taken to reduce risk of transmission
b. provide adequate spacing of six or more feet between people
c. ensure each detained person receives
(i) an individual supply of soap
(ii) hand drying machines or disposable paper towels
(iii) adequate supply of of disinfectant products
(iv) an adequate supply of toilet paper
d. provide reasonable access to showers and clean laundry
e. require institution staff and persons detained who are preparing food to wear PPE
f. require institution staff to wash hands with soap or use hand sanitizer
g. ensure testing for anyone with known symptons of COVID-19
h. ensure that those exposed to COVID-19 receive medical care, and are quarantined, but not in cells normally used for disciplinary confinement
i. respond to all medical emergency requests for medical attention as soon as possible
j. provide disinfecting supplies in each housing unit
k. waive all medical co-pays for people with COVID-19 symptoms
l. waive all charges for medical grievances
4. Order is valid for 14 days or until administration demonstrates they have complied with the court order
Motions Partially Granted
Not explained in this decision, but the appellate decision indicates that plaintiffs also sought release under a § 2241 habeas, which was denied without prejudice.
Pre-Existing Health Conditions
Age, Asthma, Bi-Polar Disorder, Cancer, Cardiac Disease, Diabetes, HIV, Hypertension (high blood pressure), Kidney Disease, Liver Disease, Lung Disease, Other, Sickle Cell, Immunocompromised (such as from organ or bone marrow transplant as a side effect of medication, or other autoimmune disease), Epilepsy, Pregnancy (current or recent)
Pre-Existing Health Conditions Notes
Class Action Medically Vulnerable People
From appellate decision: "all current and future persons detained at Metro West during the course of the COVID-19 pandemic."
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.