Case: Banks v. Booth

1:20-cv-00849 | U.S. District Court for the District of Columbia

Filed Date: March 30, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

In the final week of March 2020, the District of Columbia Department of Corrections (“DOC”) announced five COVID-19 cases from different units in its facilities. On March 30, individuals incarcerated in D.C. jails filed this class action lawsuit on behalf of all such individuals in the U.S. District Court for the District of Columbia. Represented by the ACLU-DC and the Public Defender Service for the District of Columbia, the plaintiffs sued the Director and Warden of the DOC. The plaintiffs ch…

In the final week of March 2020, the District of Columbia Department of Corrections (“DOC”) announced five COVID-19 cases from different units in its facilities. On March 30, individuals incarcerated in D.C. jails filed this class action lawsuit on behalf of all such individuals in the U.S. District Court for the District of Columbia. Represented by the ACLU-DC and the Public Defender Service for the District of Columbia, the plaintiffs sued the Director and Warden of the DOC. The plaintiffs challenged the DOC's response to the COVID-19 outbreak in the D.C. jails and sought immediate relief for all 1,600-plus individuals housed there. The plaintiffs filed this lawsuit under 42 U.S.C. §§ 1983, 2241, and 2201, alleging that these conditions violated the Eighth Amendment's prohibition on "cruel and unusual punishment," and the plaintiffs' rights under the Fifth Amendment's due process clause. Among other allegations, the plaintiffs claimed that the DOC failed to provide soap or hand sanitizers for residents to clean hands, denied COVID-19 tests to residents with symptoms, and withheld adequate cleaning supplies. The case was assigned to Judge Colleen Kollar-Kotelly. 

At the same time as the filing of the complaint, the plaintiffs filed a motion for a temporary restraining order and a preliminary injunction. In particular, the plaintiffs requested that the Court order the DOC to exercise its authority under the D.C. Council’s COVID-19 Response Emergency Amendment Act of 2020 to release individuals sentenced for misdemeanors, who number nearly 100. They asked the court to immediately appoint an expert, require the defendants to immediately implement 18 new procedures that would bring the DOC in compliance with expert guidance, and appoint an independent monitor to ensure such compliance. 

The court issued a minute order on April 1, 2020, which required the defendants to provide a list of the names of the approximately 94 persons who had been sentenced to misdemeanors and who defendants were considering for release; the number of people who had been tested for COVID-19 and a break-down of the identities of those individuals (such as inmates, visitors, etc.) and the results of those tests; the date on which defendants began testing people coming into the jails; the number and a breakdown of the results of COVID-19 tests which had been done on those who were incarcerated prior to the date on which defendants began testing all incoming inmates; all relevant written procedures and practices concerning COVID-19; and the process that was or would be put in place to allow legal counsel to communicate with their clients electronically or by other means.

On April 19, 2020, Judge Colleen Kollar-Kotelly granted in part and denied in part the plaintiffs' motion for a temporary restraining order. The court found that the plaintiffs were likely to succeed on the merits and suffer irreparable harm, but did not grant the totality of the relief requested. Specifically, the court did not order the release of any persons currently detained in DOC facilities. Instead, it ordered the defendants to ensure that the triage process associated with sick call requests on the non-quarantine units was expedited and reflected appropriate sensitivity to the wide variety of symptoms associated with COVID-19. The court also ordered the defendants to implement additional procedures and safeguards to follow medical recommendations, including social distancing practices, personal protective equipment distribution, and staff training.

During a teleconference on April 22, 2020, the plaintiffs indicated that they requested release of individuals under only the federal habeas statute, not under 42 U.S.C. § 1983.

On April 15, 2020, the defendants moved to join the United States as a necessary party to the litigation. The United States also requested joinder, arguing that it had an interest in this case due to the potential for the release of persons who were under the authority of the United States Attorney General’s office. On May 1, the court granted the defendants' motion for joinder but with a limited interest in issues involving the release of persons under the plaintiffs' claims for writs of habeas corpus.

In response to an increase in the number of positive COVID-19 cases from five to 180 since the initial motion, the plaintiffs submitted an amended motion for preliminary injunction on May 15, 2020.They claimed that although nearly a month has passed since the court's TRO, conditions remained substantially unchanged.

The Fraternal Order of Police for the District of Columbia Department of Corrections Labor Committee submitted an amicus brief in support of the plaintiffs on June 8, 2020.

On June 18, 2020, the district court granted the plaintiffs’ May 15 motion for preliminary injunction in part, ordering the defendants to provide a detailed plan for the review and possible reduction of the DOC population by July 1. Judge Kollar-Kottally further ordered the defendants to implement a medical care system that ensured care within 24 hours, social distancing, proper sanitation, non-punitive isolation, access to confidential legal calls, and increased testing for COVID-19. However, Judge Kollar-Kottelly denied the motion in part, declining to appoint an expert or release people who were incarcerated. 

On September 16, 2020, the court ordered for two amici curiae to review and report on the defendants’ compliance with the preliminary injunction order. The amici were ordered to provide preliminary findings the court on November 9 and submit a written report by December 11. In light of amicus briefs to be filed, the plaintiffs moved to file a supplemental brief in response to defendants' motion. The court granted the plaintiffs' motion and ordered both parties to file supplemental briefs by December 18.

On January 26, 2021, the court denied the defendants' July 16, 2020 motion to alter and vacate the preliminary injunction. The defendants claimed that injunctive relief was no longer required because there had been no positive cases since June 15, 2020 and the DOJ had improved conditions in the prisons. However, Judge Kollar-Kottelly ruled that the defendants’ improved practices regarding sick call, social distancing, health and environmental safety procedures, confidential legal calls, and testing procedures continued to fall short of the necessary standard for relieving them of the injunction. She further noted that many of the improvements the defendants pointed to appeared to be in response to the issues raised in earlier TRO and PI proceedings. 518 F.Supp.3d 57. 

Meanwhile, on the same day that the defendants had filed their motion to alter and vacate the preliminary injunction, they also appealed the preliminary injunction to the D.C. Circuit Court of Appeals (USCA No. 20-5216). The D.C. Circuit held the appeal in abeyance pending the district court's decision on the motion to alter/vacate.

On February 3, 2021, the defendants filed a second notice of appeal to the D.C. Circuit Court challenging the district court’s denial of their motion to alter and vacate the preliminary injunction (USCA No. 21-5033). The two appeals (20-5216 and 21-5033) were consolidated on February 19. The defendants filed a motion to stay the proceedings in the district court pending appeal on February 26, requesting the court to stay their deadline to respond to the complaint, discovery, and briefing on the motion for class certification. The plaintiffs opposed the stay on March 5. On April 26, Judge Kollar-Kotelly granted the motion in part, staying additional briefing on the motion for class certification, but required the defendants to respond to the complaint by May 14 and allowed 45 days to respond to discovery requests.

During oral arguments on May 11, 2021, in the circuit court, the defendants argued that their appeal had become moot because the preliminary injunction had expired after 90 days under the Prison Litigation Reform Act (PLRA).  In the alternative, they challenged the district court’s grant of a preliminary injunction in the first instance and its failure to vacate the injunction based on changed circumstances. The plaintiffs argued that because they joined their civil claims with habeas claims the appeal was not moot. On July 6, a three-judge panel of the D.C. Circuit dismissed the appeals based on mootness. Judges Karen L. Henderson, Judith W. Rogers, and Senior Judge David B. Sentelle asserted that the plaintiffs’ claims would contradict the purpose of the PLRA. Because they dismissed the appeal as moot, the circuit court did not address arguments the defendants made that the district court had made distinct errors in issuing the preliminary injunction. They remanded the case for further proceedings to determine the viability of any remaining claims. 3 F.4th 445. 

On August 16, 2021, the parties filed a joint motion to stay litigation as the parties wished to be referred to the D.C. Circuit Mediation Program. The court granted the motion the same day.

The parties filed a settlement agreement on February 14, 2022, under which the DOC agreed to specific improvements in seven areas and five unannounced inspections over a six-month period by an infectious disease specialist, selected jointly by the plaintiffs’ lawyers and DOC, to confirm compliance. The DOC agreed to improve their practices in the following areas: sanitation and hygiene, including residents’ access to cleaning supplies; promptness of medical care for COVID-19 related symptoms; masking for staff; contact tracing for jail residents and staff who test positive for the virus; social distancing; reasonable access to showers and recreation, including outdoor and outside-of-cell time; ensuring that residents on medical quarantine and isolation units are not subjected to punitive conditions that would discourage reporting of symptoms. 

On February 18, 2022, the court certified the class of "all persons confined in the Central Detention Facility or the Correctional Treatment Facility from March 30, 2020, until the Expiration Date of this [Settlement] Agreement," and granted preliminary approval to the settlement with class members having the right to object by March 29. Four class members filed objections with the court, two of which were out of concern they would be unable to file separate damage lawsuits for the defendants' conduct during the COVID-19 pandemic if the court approved the agreement. The other two objections related to specific alleged failures of the defendants to respond to COVID-19, with one individual requesting monetary penalties because the defendants took too long to provide medication and medical services, and the other requesting the court to mandate the D.C. jail to require regular access to drinking water, improved ventilation, and adequate out-of-cell time. 

Following a fairness hearing on April 12, Judge Kollar-Kotelly granted the the parties joint motion for final approval of the settlement agreement. 2022 WL 1091212. Judge Kollar-Kotelly noted that objections by "four class members 'out of several thousand'" was a small number of objections and that the settlement was therefore fair to the class; the opinion also clarified that, per the parties' explanation, class members could still file separate lawsuits for damages since the only claims released are claims by the plaintiffs or class members based on the facts alleged in the complaint. Additionally, the court found that the agreement provided for the defendants to put in place precautionary measures, including "access to swift medical care and appropriate sanitation to allow outdoor recreation." The court found that the agreement was not a consent decree, but would retain jurisdiction for the enforcement during the duration of the agreement.

 

 

Summary Authors

Elena Malik (5/13/2020)

Averyn Lee (9/22/2020)

Chandler Hart-McGonigle (11/16/2020)

Zofia Peach (2/24/2021)

Caitlin Kierum (9/7/2021)

Devon Schmidt (4/7/2022)

Caitlin Kierum (4/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17025035/parties/banks-v-booth/


Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Attorneys(s) for Plaintiff

Anderson, Jonathan William (District of Columbia)

Cobb, Jenna Marie (District of Columbia)

Gants, Brendan B. (District of Columbia)

Kreilkamp, Jacob S. (California)

Kreisberg, Jeremy (District of Columbia)

Marcus, Steven D (District of Columbia)

Meltzer, Jonathan S (District of Columbia)

Michelman, Scott (District of Columbia)

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Sentelle, David Bryan (District of Columbia)

Attorneys(s) for Plaintiff

Anderson, Jonathan William (District of Columbia)

Cobb, Jenna Marie (District of Columbia)

Gants, Brendan B. (District of Columbia)

Kreilkamp, Jacob S. (California)

Kreisberg, Jeremy (District of Columbia)

Marcus, Steven D (District of Columbia)

Meltzer, Jonathan S (District of Columbia)

Michelman, Scott (District of Columbia)

Miller−Ziegler, Rachel G (District of Columbia)

Nicholas, Lauckland Alexander (District of Columbia)

Perloff, Michael Krevans (District of Columbia)

Spitzer, Arthur (District of Columbia)

Attorneys(s) for Defendant

Amarillas, Fernando (District of Columbia)

Bluming, Micah Ian (District of Columbia)

Disney, Pamela (District of Columbia)

Jackson, Toni Michelle (District of Columbia)

Racine, Karl A. (District of Columbia)

Saindon, Andrew J. (District of Columbia)

Walker, Johnny Hillary III (District of Columbia)

Other Attorney(s)

Hannon, J. Michael (District of Columbia)

Lopes, Grace Michele (District of Columbia)

Shea, Timothy J (District of Columbia)

Sherwin, Michael R. (District of Columbia)

Van Horn, Daniel F (District of Columbia)

Expert/Monitor/Master

Jordan, Mark (District of Columbia)

Meyer, Jaimie (Connecticut)

Stern, Marc F. (Washington)

Documents in the Clearinghouse

Document

1:20-cv-00849

1:20-cv-00890

20-05216

0:21-05033

Docket [PACER]

Aug. 16, 2021

Aug. 16, 2021

Docket
100-1

1:20-cv-00849

Report Submitted by Amicus Curiae Pursuant to April 9, 2020 Consent Order

April 19, 2002

April 19, 2002

Monitor/Expert/Receiver Report
1 (& 1-1 to 1-4)

1:20-cv-00849

Class Action Complaint for Declaratory and Injunctive Relief and Petition for Writs of Habeas Corpus

March 30, 2020

March 30, 2020

Complaint
6 (& 6-1 to 6-3)

1:20-cv-00849

Motion for Preliminary Injunction

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
3 (& 3-1 to 3-3)

1:20-cv-00849

Plaintiffs' Motion for Class Certification and Appointment of Class Counsel

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
5 (& 5-1 to 5-4)

1:20-cv-00849

Application for a Temporary Restraining Order

March 30, 2020

March 30, 2020

Pleading / Motion / Brief
19 (& 19-1 to 19-6)

1:20-cv-00849

Notice in Response to the Court's April 1, 2020 Order

April 1, 2020

April 1, 2020

Pleading / Motion / Brief
23 (& 23-1 to 23-11)

1:20-cv-00849

Motion of the Fraternal Order of Police for the District of Columbia Department of Corrections Labor Committee for Leave to Submit an Amicus Curiae Brief in Support of Plaintiffs' Motion for a Temporary Restraining Order

April 2, 2020

April 2, 2020

Pleading / Motion / Brief
21, 21-1, 21-2

1:20-cv-00849

Second Notice in Response to the Court's April 1, 2020 Order

April 2, 2020

April 2, 2020

Pleading / Motion / Brief
20, 20-1, 20-2

1:20-cv-00849

Notice in Response to the Court's April 1, 2020 Order

April 2, 2020

April 2, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17025035/banks-v-booth/

Last updated June 7, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against QUINCY L. BOOTH, LENNARD JOHNSON ( Filing fee $ 400 receipt number ADCDC-6970731) filed by ERIC SMITH, EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS. (Attachments: # 1 Exhibit Stern Declaration, # 2 Exhibit DOC Questionnaire, # 3 Summons, # 4 Civil Cover Sheet)(Marcus, Steven) (Entered: 03/30/2020)

1 Exhibit Stern Declaration

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2 Exhibit DOC Questionnaire

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3 Summons

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4 Civil Cover Sheet

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March 30, 2020

March 30, 2020

Clearinghouse
1

COMPLAINT against QUINCY L. BOOTH, LENNARD JOHNSON ( Filing fee $ 400 receipt number ADCDC-6970731) filed by ERIC SMITH, EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS. (Attachments: # 1 Exhibit Stern Declaration, # 2 Exhibit DOC Questionnaire, # 3 Summons, # 4 Civil Cover Sheet)(Marcus, Steven) (Entered: 03/30/2020)

1 Exhibit Stern Declaration

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2 Exhibit DOC Questionnaire

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3 Summons

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4 Civil Cover Sheet

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March 30, 2020

March 30, 2020

Clearinghouse

Case Assigned/Reassigned

March 30, 2020

March 30, 2020

PACER

Case Assigned/Reassigned

March 30, 2020

March 30, 2020

PACER
2

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
2

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
3

MOTION to Certify Class by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: # 1 Exhibit Anderson Declaration, # 2 Exhibit Spitzer Declaration, # 3 Text of Proposed Order)(Marcus, Steven). Added MOTION to Appoint Lead Counsel on 3/31/2020 (znmw). (Entered: 03/30/2020)

1

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2

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March 30, 2020

March 30, 2020

Clearinghouse
3

MOTION to Certify Class by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: # 1 Exhibit Anderson Declaration, # 2 Exhibit Spitzer Declaration, # 3 Text of Proposed Order)(Marcus, Steven). Added MOTION to Appoint Lead Counsel on 3/31/2020 (znmw). (Entered: 03/30/2020)

1

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2

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March 30, 2020

March 30, 2020

Clearinghouse

Case assigned to Judge Colleen Kollar-Kotelly. (zmc)

March 30, 2020

March 30, 2020

PACER

Case assigned to Judge Colleen Kollar-Kotelly. (zmc)

March 30, 2020

March 30, 2020

PACER
4

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
4

NOTICE of Appearance by Arthur B. Spitzer on behalf of All Plaintiffs (Spitzer, Arthur) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
5

Emergency MOTION for Temporary Restraining Order by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: # 1 Memorandum in Support of TRO, # 2 Exhibit Combined Exhibits in Support of TRO, # 3 Text of Proposed Order, # 4 Certificate of Service)(Marcus, Steven) (Entered: 03/30/2020)

1 Memorandum in Support of TRO

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2 Exhibit Combined Exhibits in Support of TRO

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3 Text of Proposed Order

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4 Certificate of Service

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March 30, 2020

March 30, 2020

Clearinghouse
5

Emergency MOTION for Temporary Restraining Order by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: # 1 Memorandum in Support of TRO, # 2 Exhibit Combined Exhibits in Support of TRO, # 3 Text of Proposed Order, # 4 Certificate of Service)(Marcus, Steven) (Entered: 03/30/2020)

1 Memorandum in Support of TRO

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2 Exhibit Combined Exhibits in Support of TRO

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3 Text of Proposed Order

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4 Certificate of Service

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March 30, 2020

March 30, 2020

Clearinghouse
6

MOTION for Preliminary Injunction by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: # 1 Memorandum in Support of PI, # 2 Exhibit Combined Exhibits in Support of PI, # 3 Text of Proposed Order)(Marcus, Steven) (Entered: 03/30/2020)

1 Memorandum in Support of PI

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2 Exhibit Combined Exhibits in Support of PI

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3 Text of Proposed Order

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March 30, 2020

March 30, 2020

Clearinghouse
6

MOTION for Preliminary Injunction by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: # 1 Memorandum in Support of PI, # 2 Exhibit Combined Exhibits in Support of PI, # 3 Text of Proposed Order)(Marcus, Steven) (Entered: 03/30/2020)

1 Memorandum in Support of PI

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2 Exhibit Combined Exhibits in Support of PI

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3 Text of Proposed Order

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March 30, 2020

March 30, 2020

Clearinghouse
7

SUMMONS (4) Issued Electronically as to QUINCY L. BOOTH, LENNARD JOHNSON, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
7

SUMMONS (4) Issued Electronically as to QUINCY L. BOOTH, LENNARD JOHNSON, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
8

NOTICE of Appearance by Steven D. Marcus on behalf of All Plaintiffs (Marcus, Steven) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
8

NOTICE of Appearance by Steven D. Marcus on behalf of All Plaintiffs (Marcus, Steven) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
9

NOTICE of Appearance by Jenna Marie Cobb on behalf of All Plaintiffs (Cobb, Jenna) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
9

NOTICE of Appearance by Jenna Marie Cobb on behalf of All Plaintiffs (Cobb, Jenna) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
10

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Ex. 4 - Declaration, # 3 Exhibit Ex. 5 - Declaration, # 4 Exhibit Ex. 6 - Declaration, # 5 Exhibit Ex. 7 - Declaration)(Marcus, Steven) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
10

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Ex. 4 - Declaration, # 3 Exhibit Ex. 5 - Declaration, # 4 Exhibit Ex. 6 - Declaration, # 5 Exhibit Ex. 7 - Declaration)(Marcus, Steven) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
11

NOTICE of Appearance by Michael Krevans Perloff on behalf of All Plaintiffs (Perloff, Michael) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
11

NOTICE of Appearance by Michael Krevans Perloff on behalf of All Plaintiffs (Perloff, Michael) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

.Order

March 31, 2020

March 31, 2020

PACER

.Order

March 31, 2020

March 31, 2020

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Order

March 31, 2020

March 31, 2020

PACER

Order

March 31, 2020

March 31, 2020

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12

NOTICE of Appearance by Jonathan William Anderson on behalf of All Plaintiffs (Anderson, Jonathan) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
12

NOTICE of Appearance by Jonathan William Anderson on behalf of All Plaintiffs (Anderson, Jonathan) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Set/Reset Hearings

March 31, 2020

March 31, 2020

PACER

Set/Reset Hearings

March 31, 2020

March 31, 2020

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 3/31/2020. Answer due for ALL D.C. DEFENDANTS by 4/21/2020. (Marcus, Steven) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 3/31/2020. Answer due for ALL D.C. DEFENDANTS by 4/21/2020. (Marcus, Steven) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Telephone Conference

March 31, 2020

March 31, 2020

PACER

Telephone Conference

March 31, 2020

March 31, 2020

PACER

MINUTE ORDER. The Court shall conduct a teleconference in this matter on MARCH 31, 2020 at 4:30 p.m. to discuss scheduling for Plaintiffs' pending Motion for a Temporary Restraining Order. The Court shall provide counsel with instructions for dialing into the teleconference. Signed by Judge Colleen Kollar-Kotelly on 3-30-2020. (lcckk3)

March 31, 2020

March 31, 2020

PACER

MINUTE ORDER. The Court shall conduct a teleconference in this matter on MARCH 31, 2020 at 4:30 p.m. to discuss scheduling for Plaintiffs' pending Motion for a Temporary Restraining Order. The Court shall provide counsel with instructions for dialing into the teleconference. Signed by Judge Colleen Kollar-Kotelly on 3-30-2020. (lcckk3)

March 31, 2020

March 31, 2020

PACER

Set/Reset Hearings: Telephone Conference on the record set for 3/31/2020 at 4:30 PM before Judge Colleen Kollar-Kotelly. (dot)

March 31, 2020

March 31, 2020

PACER

Set/Reset Hearings: Telephone Conference on the record set for 3/31/2020 at 4:30 PM before Judge Colleen Kollar-Kotelly. (dot)

March 31, 2020

March 31, 2020

PACER
14

NOTICE of Appearance by Andrew J. Saindon on behalf of All Defendants (Saindon, Andrew) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
14

NOTICE of Appearance by Andrew J. Saindon on behalf of All Defendants (Saindon, Andrew) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
15

ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/31/2020. (DM) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
15

ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 03/31/2020. (DM) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP
16

NOTICE of Amended Proposed Orders for Temporary Restraining Order and Preliminary Injunction by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH re 6 MOTION for Preliminary Injunction, 5 Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit Amended Proposed Order for TRO, # 2 Exhibit Amended Proposed Order for PI)(Marcus, Steven) (Entered: 03/31/2020)

1 Exhibit Amended Proposed Order for TRO

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2 Exhibit Amended Proposed Order for PI

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March 31, 2020

March 31, 2020

RECAP
16

NOTICE of Amended Proposed Orders for Temporary Restraining Order and Preliminary Injunction by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH re 6 MOTION for Preliminary Injunction, 5 Emergency MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit Amended Proposed Order for TRO, # 2 Exhibit Amended Proposed Order for PI)(Marcus, Steven) (Entered: 03/31/2020)

1 Exhibit Amended Proposed Order for TRO

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2 Exhibit Amended Proposed Order for PI

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March 31, 2020

March 31, 2020

RECAP
17

NOTICE of Appearance by Micah Ian Bluming on behalf of All Defendants (Bluming, Micah) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
17

NOTICE of Appearance by Micah Ian Bluming on behalf of All Defendants (Bluming, Micah) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 3/31/2020. Telephone Conference on the record set for 4/6/2020 at 9:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)

March 31, 2020

March 31, 2020

PACER

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Telephone Conference on the record held on 3/31/2020. Telephone Conference on the record set for 4/6/2020 at 9:30 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (Court Reporter Lisa Edwards.) (dot)

March 31, 2020

March 31, 2020

PACER

~Util - Set/Reset Hearings

April 1, 2020

April 1, 2020

PACER

~Util - Set/Reset Hearings

April 1, 2020

April 1, 2020

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Telephone Conference

April 1, 2020

April 1, 2020

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Telephone Conference

April 1, 2020

April 1, 2020

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.Order

April 1, 2020

April 1, 2020

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.Order

April 1, 2020

April 1, 2020

PACER

Minute order. The Court conducted a teleconference in this matter on March 31, 2020. A court reporter was present. An official transcript of the teleconference will be made available by April 1, 2020 at noon providing counsel with additional details about the material requests. In summary, the court ORDERS Defendants to provide specified information to the Court by APRIL 1, 2020 at 1:00 p.m. through a Notice filed on the docket. The Defendants shall provide a list of the names of the approximately 94 inmates who have been sentenced to misdemeanors and who Defendants are considering for release; the numbers of people who have been tested for COVID-19 and a break-down of the identities of those individuals (such as inmates, visitors, etc.) and the results of those tests; the date on which Defendants began testing people coming into the jails; the number and a breakdown of the results of COVID-19 tests which have been done on those who were incarcerated prior to the date on which Defendants began testing all incoming inmates; all relevant written procedures and practices concerning COVID-19; and Defendants process which is in place or will be put in place to allow legal counsel to communicate with their clients electronically or by other means. Additionally, by APRIL 2, 2020, Defendants shall provide Declarations about the processes and procedures actually in place and the current conditions of the jail, concentrating on Plaintiffs' requests for relief 2-9. Finally, the Court ORDERS that by APRIL 3, 2020 at 4:30 p.m. Defendants shall provide a response to Plaintiffs' Motion for a Temporary Restraining Order in the form of legal briefing on the merits of Plaintiffs' 5th and 8th Amendment claims as well as on the need for an independent monitor and expert. Plaintiffs shall file a Reply by 5:00 p.m. on APRIL 5, 2020. Additionally, the Court is STAYING Defendants' Response to Plaintiffs' Motion for a Preliminary Injunction, Complaint, and Motion for Class Certification until the Court has resolved the Motion for a Temporary Restraining Order. The Court schedules a further teleconference in this matter for APRIL 6, 2020 at 9:30 a.m. to discuss how to proceed in this matter. Signed by Judge Colleen Kollar-Kotelly on 4-1-2020. (lcckk3)

April 1, 2020

April 1, 2020

PACER

Minute order. The Court conducted a teleconference in this matter on March 31, 2020. A court reporter was present. An official transcript of the teleconference will be made available by April 1, 2020 at noon providing counsel with additional details about the material requests. In summary, the court ORDERS Defendants to provide specified information to the Court by APRIL 1, 2020 at 1:00 p.m. through a Notice filed on the docket. The Defendants shall provide a list of the names of the approximately 94 inmates who have been sentenced to misdemeanors and who Defendants are considering for release; the numbers of people who have been tested for COVID-19 and a break-down of the identities of those individuals (such as inmates, visitors, etc.) and the results of those tests; the date on which Defendants began testing people coming into the jails; the number and a breakdown of the results of COVID-19 tests which have been done on those who were incarcerated prior to the date on which Defendants began testing all incoming inmates; all relevant written procedures and practices concerning COVID-19; and Defendants process which is in place or will be put in place to allow legal counsel to communicate with their clients electronically or by other means. Additionally, by APRIL 2, 2020, Defendants shall provide Declarations about the processes and procedures actually in place and the current conditions of the jail, concentrating on Plaintiffs' requests for relief 2-9. Finally, the Court ORDERS that by APRIL 3, 2020 at 4:30 p.m. Defendants shall provide a response to Plaintiffs' Motion for a Temporary Restraining Order in the form of legal briefing on the merits of Plaintiffs' 5th and 8th Amendment claims as well as on the need for an independent monitor and expert. Plaintiffs shall file a Reply by 5:00 p.m. on APRIL 5, 2020. Additionally, the Court is STAYING Defendants' Response to Plaintiffs' Motion for a Preliminary Injunction, Complaint, and Motion for Class Certification until the Court has resolved the Motion for a Temporary Restraining Order. The Court schedules a further teleconference in this matter for APRIL 6, 2020 at 9:30 a.m. to discuss how to proceed in this matter. Signed by Judge Colleen Kollar-Kotelly on 4-1-2020. (lcckk3)

April 1, 2020

April 1, 2020

PACER

Order

April 1, 2020

April 1, 2020

PACER

Order

April 1, 2020

April 1, 2020

PACER
18

TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on March 31, 2020; Page Numbers: 1-58. Date of Issuance: April 1, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/22/2020. Redacted Transcript Deadline set for 5/2/2020. Release of Transcript Restriction set for 6/30/2020.(Edwards, Lisa) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
18

TRANSCRIPT OF TELEPHONE CONFERENCE before Judge Colleen Kollar-Kotelly held on March 31, 2020; Page Numbers: 1-58. Date of Issuance: April 1, 2020. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 4/22/2020. Redacted Transcript Deadline set for 5/2/2020. Release of Transcript Restriction set for 6/30/2020.(Edwards, Lisa) (Entered: 04/01/2020)

April 1, 2020

April 1, 2020

PACER
19

RESPONSE TO COURT ORDER April 1, 2020 Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Saindon, Andrew) Modified text on 4/1/2020 (ztd). (Entered: 04/01/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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April 1, 2020

April 1, 2020

Clearinghouse
19

RESPONSE TO COURT ORDER April 1, 2020 Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Saindon, Andrew) Modified text on 4/1/2020 (ztd). (Entered: 04/01/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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April 1, 2020

April 1, 2020

Clearinghouse
20

RESPONSE to Order of the Court in Response to the Court's April 1, 2020 Minute Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: # 1 Exhibit, # 2 Exhibit)(Saindon, Andrew) Modified on 4/3/2020 (ztd). (Entered: 04/02/2020)

1 Exhibit

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2 Exhibit

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April 2, 2020

April 2, 2020

PACER
20

RESPONSE to Order of the Court in Response to the Court's April 1, 2020 Minute Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: # 1 Exhibit, # 2 Exhibit)(Saindon, Andrew) Modified on 4/3/2020 (ztd). (Entered: 04/02/2020)

1 Exhibit

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2 Exhibit

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April 2, 2020

April 2, 2020

PACER
21

RESPONSE to Order of the Court (Second) in Response to the Court's April 1, 2020 Minute Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: # 1 Exhibit, # 2 Exhibit)(Saindon, Andrew) Modified on 4/3/2020 (ztd). (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
21

RESPONSE to Order of the Court (Second) in Response to the Court's April 1, 2020 Minute Order by QUINCY L. BOOTH, LENNARD JOHNSON (Attachments: # 1 Exhibit, # 2 Exhibit)(Saindon, Andrew) Modified on 4/3/2020 (ztd). (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
22

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by QUINCY L. BOOTH, LENNARD JOHNSON (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Exhibit DOCs Pandemic Plan November 2009)(Saindon, Andrew) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
22

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by QUINCY L. BOOTH, LENNARD JOHNSON (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Text of Proposed Order, # 2 Exhibit DOCs Pandemic Plan November 2009)(Saindon, Andrew) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
23

MOTION for Leave to File Amicus Curiae Brief by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Attachments: # 1 Text of Proposed Order Proposed Order to Motion for Leave to File Amicus Brief, # 2 Exhibit Proposed Amicus Brief, # 3 Exhibit Exhibit A to Proposed Amicus Brief, # 4 Exhibit Exhibit B to Proposed Amicus Brief, # 5 Exhibit Exhibit C to Proposed Amicus Brief, # 6 Exhibit Exhibit D to Proposed Amicus Brief, # 7 Exhibit Exhibit E to Proposed Amicus Brief, # 8 Exhibit Exhibit F to Proposed Amicus Brief, # 9 Exhibit Exhibit G to Proposed Amicus Brief, # 10 Exhibit Exhibit H to Proposed Amicus Brief, # 11 Exhibit Exhibit I to Proposed Amicus Brief)(Hannon, J.) (Entered: 04/02/2020)

1 Text of Proposed Order Proposed Order to Motion for Leave to File Amicus Brief

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2 Exhibit Proposed Amicus Brief

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3 Exhibit Exhibit A to Proposed Amicus Brief

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4 Exhibit Exhibit B to Proposed Amicus Brief

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5 Exhibit Exhibit C to Proposed Amicus Brief

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6 Exhibit Exhibit D to Proposed Amicus Brief

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7 Exhibit Exhibit E to Proposed Amicus Brief

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8 Exhibit Exhibit F to Proposed Amicus Brief

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9 Exhibit Exhibit G to Proposed Amicus Brief

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10 Exhibit Exhibit H to Proposed Amicus Brief

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11 Exhibit Exhibit I to Proposed Amicus Brief

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April 2, 2020

April 2, 2020

Clearinghouse
23

MOTION for Leave to File Amicus Curiae Brief by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Attachments: # 1 Text of Proposed Order Proposed Order to Motion for Leave to File Amicus Brief, # 2 Exhibit Proposed Amicus Brief, # 3 Exhibit Exhibit A to Proposed Amicus Brief, # 4 Exhibit Exhibit B to Proposed Amicus Brief, # 5 Exhibit Exhibit C to Proposed Amicus Brief, # 6 Exhibit Exhibit D to Proposed Amicus Brief, # 7 Exhibit Exhibit E to Proposed Amicus Brief, # 8 Exhibit Exhibit F to Proposed Amicus Brief, # 9 Exhibit Exhibit G to Proposed Amicus Brief, # 10 Exhibit Exhibit H to Proposed Amicus Brief, # 11 Exhibit Exhibit I to Proposed Amicus Brief)(Hannon, J.) (Entered: 04/02/2020)

1 Text of Proposed Order Proposed Order to Motion for Leave to File Amicus Brief

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2 Exhibit Proposed Amicus Brief

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3 Exhibit Exhibit A to Proposed Amicus Brief

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4 Exhibit Exhibit B to Proposed Amicus Brief

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5 Exhibit Exhibit C to Proposed Amicus Brief

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6 Exhibit Exhibit D to Proposed Amicus Brief

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7 Exhibit Exhibit E to Proposed Amicus Brief

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8 Exhibit Exhibit F to Proposed Amicus Brief

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9 Exhibit Exhibit G to Proposed Amicus Brief

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10 Exhibit Exhibit H to Proposed Amicus Brief

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11 Exhibit Exhibit I to Proposed Amicus Brief

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April 2, 2020

April 2, 2020

Clearinghouse
24

Emergency MOTION to Expedite Hearing on Application for Temporary Restraining Order by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: # 1 Exhibit Deterville Declaration, # 2 Exhibit Nesbitt Declaration, # 3 Text of Proposed Order)(Marcus, Steven) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER
24

Emergency MOTION to Expedite Hearing on Application for Temporary Restraining Order by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH (Attachments: # 1 Exhibit Deterville Declaration, # 2 Exhibit Nesbitt Declaration, # 3 Text of Proposed Order)(Marcus, Steven) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER

Order on Sealed Motion for Leave to File Document Under Seal

April 3, 2020

April 3, 2020

PACER

Order on Sealed Motion for Leave to File Document Under Seal

April 3, 2020

April 3, 2020

PACER

.Order

April 3, 2020

April 3, 2020

PACER

.Order

April 3, 2020

April 3, 2020

PACER

Order on Motion to Expedite

April 3, 2020

April 3, 2020

PACER

Order on Motion to Expedite

April 3, 2020

April 3, 2020

PACER

Order on Motion for Leave to File

April 3, 2020

April 3, 2020

PACER

Order on Motion for Leave to File

April 3, 2020

April 3, 2020

PACER

Minute order. The Court is in receipt of Plaintiffs' 10 Sealed Motion for Leave to File Documents Under Seal. Plaintiffs request to file documents under seal which contain personally identifying information. Plaintiffs have filed these documents on the docket in redacted form. Plaintiffs' Motion is GRANTED pending further Order of the Court. The Court is also in receipt of Defendants' 22 Sealed Motion for Leave to File Document Under Seal. Defendants request to file the document under seal as it contains confidential information relating to safety and security procedures. Defendants' Motion is GRANTED pending further Order of the Court. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)

April 3, 2020

April 3, 2020

PACER

Minute order. The Court is in receipt of Plaintiffs' 10 Sealed Motion for Leave to File Documents Under Seal. Plaintiffs request to file documents under seal which contain personally identifying information. Plaintiffs have filed these documents on the docket in redacted form. Plaintiffs' Motion is GRANTED pending further Order of the Court. The Court is also in receipt of Defendants' 22 Sealed Motion for Leave to File Document Under Seal. Defendants request to file the document under seal as it contains confidential information relating to safety and security procedures. Defendants' Motion is GRANTED pending further Order of the Court. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)

April 3, 2020

April 3, 2020

PACER

Minute order. The Court is in receipt of proposed amici the Fraternal Order of Police Department of Corrections Labor Committee's 23 Motion to File Amicus Curiae Brief. The Motion indicates that Defendants oppose the relief requested. In Defendants' 4:30 p.m. filing today, Defendants shall address why they oppose the 23 Motion. The Court is also in receipt of Plaintiffs' 24 Emergency Motion to Expedite Hearing on Application for a Temporary Restraining Order. In Defendants' 4:30 p.m. filing today, Defendants shall address why they oppose the relief requested. Defendants shall further respond to Plaintiffs' attached Declarations indicating that COVID-19 procedures are not being followed and that there is a different pandemic plan than that which was filed by Defendants. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)

April 3, 2020

April 3, 2020

PACER

Minute order. The Court is in receipt of proposed amici the Fraternal Order of Police Department of Corrections Labor Committee's 23 Motion to File Amicus Curiae Brief. The Motion indicates that Defendants oppose the relief requested. In Defendants' 4:30 p.m. filing today, Defendants shall address why they oppose the 23 Motion. The Court is also in receipt of Plaintiffs' 24 Emergency Motion to Expedite Hearing on Application for a Temporary Restraining Order. In Defendants' 4:30 p.m. filing today, Defendants shall address why they oppose the relief requested. Defendants shall further respond to Plaintiffs' attached Declarations indicating that COVID-19 procedures are not being followed and that there is a different pandemic plan than that which was filed by Defendants. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)

April 3, 2020

April 3, 2020

PACER
25

Memorandum in opposition to re 5 Emergency MOTION for Temporary Restraining Order filed by QUINCY L. BOOTH, LENNARD JOHNSON. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Bluming, Micah) (Entered: 04/03/2020)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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April 3, 2020

April 3, 2020

Clearinghouse
25

Memorandum in opposition to re 5 Emergency MOTION for Temporary Restraining Order filed by QUINCY L. BOOTH, LENNARD JOHNSON. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Bluming, Micah) (Entered: 04/03/2020)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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April 3, 2020

April 3, 2020

Clearinghouse

Minute order. The Court is in receipt of Plaintiffs' 24 Emergency Motion to Expedite Hearing on Application for a Temporary Restraining Order. The Court recognizes the seriousness of the issues presented. As such, the Court ORDERS Plaintiffs to file their Reply in support of their Motion for a Temporary Restraining Order by APRIL 4, 2020 at 5:00 p.m. The Court further VACATES the teleconference which was set for April 6, 2020. Instead, the Court SCHEDULES a videoconference on the merits of Plaintiffs' Motion for a Temporary Restraining Order for APRIL 7, 2020 at 10:00 a.m. The Court will send the parties instructions on how to access the videoconference. The Court is also in receipt of the 23 Motion for Leave to File an Amicus Curiae Brief by the Fraternal Order of Police Department of Corrections Labor Committee. Defendants oppose the relief requested on the grounds that the amicus brief discusses some unrelated matters and is inadequately supported. Despite these arguments, the Court GRANTS the 23 Motion. The Court finds that the amicus brief will assist the Court in its analysis of certain issues. In considering the amicus brief, the Court will give the brief the weight it considers appropriate on the issues that are relevant. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)

April 3, 2020

April 3, 2020

PACER

Minute order. The Court is in receipt of Plaintiffs' 24 Emergency Motion to Expedite Hearing on Application for a Temporary Restraining Order. The Court recognizes the seriousness of the issues presented. As such, the Court ORDERS Plaintiffs to file their Reply in support of their Motion for a Temporary Restraining Order by APRIL 4, 2020 at 5:00 p.m. The Court further VACATES the teleconference which was set for April 6, 2020. Instead, the Court SCHEDULES a videoconference on the merits of Plaintiffs' Motion for a Temporary Restraining Order for APRIL 7, 2020 at 10:00 a.m. The Court will send the parties instructions on how to access the videoconference. The Court is also in receipt of the 23 Motion for Leave to File an Amicus Curiae Brief by the Fraternal Order of Police Department of Corrections Labor Committee. Defendants oppose the relief requested on the grounds that the amicus brief discusses some unrelated matters and is inadequately supported. Despite these arguments, the Court GRANTS the 23 Motion. The Court finds that the amicus brief will assist the Court in its analysis of certain issues. In considering the amicus brief, the Court will give the brief the weight it considers appropriate on the issues that are relevant. Signed by Judge Colleen Kollar-Kotelly on 4-3-2020. (lcckk3)

April 3, 2020

April 3, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 4/7/2020 at 10:00 AM before Judge Colleen Kollar-Kotelly. (dot)

April 3, 2020

April 3, 2020

PACER

Set/Reset Hearings: Motion Hearing set for 4/7/2020 at 10:00 AM before Judge Colleen Kollar-Kotelly. (dot)

April 3, 2020

April 3, 2020

PACER
26

REPLY to opposition to motion re 5 Emergency MOTION for Temporary Restraining Order filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH. (Attachments: # 1 Exhibit Dorchy Declaration, # 2 Exhibit Guillory Declaration, # 3 Exhibit Randolph Declaration, # 4 Exhibit Cohen Declaration, # 5 Exhibit Fowler Declaration, # 6 Exhibit Winters Declaration, # 7 Exhibit Johnson Declaration)(Marcus, Steven) (Entered: 04/04/2020)

1 Exhibit Dorchy Declaration

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2 Exhibit Guillory Declaration

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3 Exhibit Randolph Declaration

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4 Exhibit Cohen Declaration

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5 Exhibit Fowler Declaration

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6 Exhibit Winters Declaration

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7 Exhibit Johnson Declaration

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April 4, 2020

April 4, 2020

Clearinghouse
26

REPLY to opposition to motion re 5 Emergency MOTION for Temporary Restraining Order filed by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH. (Attachments: # 1 Exhibit Dorchy Declaration, # 2 Exhibit Guillory Declaration, # 3 Exhibit Randolph Declaration, # 4 Exhibit Cohen Declaration, # 5 Exhibit Fowler Declaration, # 6 Exhibit Winters Declaration, # 7 Exhibit Johnson Declaration)(Marcus, Steven) (Entered: 04/04/2020)

1 Exhibit Dorchy Declaration

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2 Exhibit Guillory Declaration

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3 Exhibit Randolph Declaration

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4 Exhibit Cohen Declaration

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5 Exhibit Fowler Declaration

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6 Exhibit Winters Declaration

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7 Exhibit Johnson Declaration

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April 4, 2020

April 4, 2020

Clearinghouse
27

NOTICE CERTIFICATION OF DECLARATIONS re: AMICUS CURIAE BRIEF by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Hannon, J.) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
27

NOTICE CERTIFICATION OF DECLARATIONS re: AMICUS CURIAE BRIEF by FRATERNAL ORDER OF POLICE DEPARTMENT OF CORRECTIONS LABOR COMMITTEE (Hannon, J.) (Entered: 04/04/2020)

April 4, 2020

April 4, 2020

PACER
28

ERRATA Correcting Typographical Error in Guillory Declaration by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH 26 Reply to opposition to Motion, filed by EDWARD BANKS, ERIC SMITH, D'ANGELO PHILLIPS, KEON JACKSON. (Attachments: # 1 Exhibit Phillips Declaration, # 2 Errata Corrected Guillory Declaration)(Marcus, Steven) (Entered: 04/05/2020)

1 Exhibit Phillips Declaration

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2 Errata Corrected Guillory Declaration

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April 5, 2020

April 5, 2020

RECAP
28

ERRATA Correcting Typographical Error in Guillory Declaration by EDWARD BANKS, KEON JACKSON, D'ANGELO PHILLIPS, ERIC SMITH 26 Reply to opposition to Motion, filed by EDWARD BANKS, ERIC SMITH, D'ANGELO PHILLIPS, KEON JACKSON. (Attachments: # 1 Exhibit Phillips Declaration, # 2 Errata Corrected Guillory Declaration)(Marcus, Steven) (Entered: 04/05/2020)

1 Exhibit Phillips Declaration

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2 Errata Corrected Guillory Declaration

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April 5, 2020

April 5, 2020

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 30, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons confined in the Central Detention Facility or the Correctional Treatment Facility from March 30, 2020, until the Expiration Date of the Settlement Agreement (August 14, 2022)

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Warden of the District of Columbia Department of Corrections (District of Columbia), State

Director of the District of Columbia Department of Corrections (District of Columbia), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Food service / nutrition / hydration

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Exercise/recreation regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

Out-of-cell time regulated

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Programming regulated

Quarantine/isolation ordered

Release Denied

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Wellness/temperature checks ordered

Type of Facility:

Government-run