Plaintiffs sought injunctive relief under the theory that the defendants violated the Eighth Amendment by acting with deliberate indifference to the health of the Plaintiffs who are vulnerable to COVID-19; Plaintiffs also alleged that the defendants violated the ADA and Rehabilitation Act by refusing to accommodate individuals with disabilities. Plaintiffs represented three certified classes of individuals including individuals with a high risk of contracting COVID-19 due to age (69 & 73), hypertension, diabetes, hyperlipidemia, chronic kidney failure, chronic lung disease, liver disease, asthma (moderate to severe), heart conditions (severe), cancer, obesity, renal failure, mobility impairing disabilities. The court granted the plaintiffs' a permanent injunction after finding that the defendants did not have a defense under the PLRA and that plaintiffs successfully showed a violation of the eighth amendment due to the defendants’ lack of a systematic approach and failure to abide by basic public health guidance. The court also found that the plaintiffs showed a violation of the ADA and RA because the defendants failed to provide disabled inmates with hand sanitizer. Lastly, the court found that the permanent injunction was appropriate because the defendants had no plans to change or improve conditions at the prison and because the court’s interest in preventing a violation of constitutional rights did not unduly burden the defendants.
Valentine v. Collier, 490 F. Supp. 3d 1121 (S.D. Tex. 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (State Charges)
Relief Requested
Class Certification, Improved Conditions
Type of Court
Federal District Court
Location
Texas
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
4:20-cv-1115-KPE
MORE CASE INFORMATION
Court Name
S.D. Tex.
Decision
Motions Partially Granted
Place of Incarceration
State Prison
Name of Facility
Wallace Pack Unit
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
Americans with Disabilities Act (ADA), Rehabilitation Act
Case Status
On Appeal
Improved Conditions Ordered
The court ordered the prison to improve conditions in a variety of ways including providing incarcerated individuals with access to hand soap, hand sanitizers, cleaning supplies, gloves, and masks. The court ordered that the prison must create a plan for regular cleaning, social distancing enforcement, and contact tracing. The prison also must implement a weekly testing program and must quarantine individuals awaiting COVID-19 test results.
Motions Partially Granted
The court granted the plaintiffs' request for a permanent injunction. The court also granted the plaintiffs' motion for class certification for a Mobility-Impaired Subclass, but denied the plaintiff's motion for class certification for a Disability subclass.
Age (69 & 73); Kidney Disease (Chronic Kidney Failure), Lung Disease (Chronic), Asthma (moderate to severe), Heart Conditions (severe)
Class Action Medically Vulnerable People
Disability Subclass: inmates who suffer from a disability that substantially limits one or more of their major life activities and are at increased risk of serious illness, injury or death if exposed to COVID-19.
Mobility-Impaired Subclass: inmates who suffer from a disability that substantially limits one or more of their major life activities and who require the use of a walker, cane, wheelchair, and crutches.
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
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.