The court denied the motion because petitioners have failed to establish serious questions going to the merits of their Eighth Amendment claim and that they are likely to suffer irreparable harm in the absence of injunctive relief. The court found that the preliminary injunction may encroach on the BOP's ability to run the daily operations of the prison, and that the difference in medical opinion on the best testing procedure to reduce COVID-19 was not an appropriate basis for equitable relief "in the absence of an established threat to the inmates and staff." Further, although petitioners could show that the proposed testing methods would be effective, they did not demonstrate that the current testing procedures used by at the prison were likely to cause them irreparable harm.
Wilson v. Ponce, No. CV 20-4451-MWF (MRWx), 2021 BL 88168 (C.D. Cal. Feb. 25, 2021)
DETAILS
Decision
Date
02/25/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Preliminary Injunction (PI)
Type of Court
Federal District Court
Location
California
Type of Case
Class Action
Case Characteristics
Post-Conviction Detention [jail or prison]
Compassionate Release Case
No
Case Tracking Number
2:20-cv-04451-MWF-MRW
MORE CASE INFORMATION
Court Name
C.D. Cal.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Terminal Island
Legal Authority
Eighth Amendment - Deliberate Indifference
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.