The petitioners filed the motion for provisional class certification. They seek certification of the following class: “All current and future people in post-conviction custody at Terminal Island”. The court granted the motion because the putative class satisfies all of the requirements of Federal Rule of Civil Procedure 23(a) and is appropriate for certification under Rule 23(b)(2) because the petitioners complain of a pattern or practice that is generally applicable to the putative class as a whole. The class was able to show numerosity because 701 inmates is sufficient for this requirement; commonality was satisfied because the systemic failure to implement policies to address COVID-19 exposed inmates to substantial risk of harm; typicality was satisfied because the named petitioners and proposed class members are subject to the same conduct by the prison; and the named petitioners adequately represent the interests of the proposed class.
Wilson v. Ponce, No. CV 20-4451-MWF (MRWx), 2021 WL 3494637 (C.D. Cal. Apr. 29, 2021)
DETAILS
Decision
Date
04/29/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification
Type of Court
Federal District Court
Location
California
Type of Case
Class Action
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
2:20-cv-04451-MWF-MRW
MORE CASE INFORMATION
Court Name
C.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Terminal Island
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
Other, FRCP Rules 23(a) & 23(b)
Case Status
Decision Made
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.