Case: Livas v. Myers

2:20-cv-00422 | U.S. District Court for the Western District of Louisiana

Filed Date: April 6, 2020

Closed Date: April 22, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Prisoners at Oakdale Federal Correctional Institution filed this putative class action lawsuit seeking immediate release of high risk inmates and a plan outlining mitigation efforts to prevent the spread of COVID-19 in the prison. On April 26, the court granted the defendants' motion to dismiss for lack of jurisdiction. On April 6, 2020, the plaintiffs filed this putative class action lawsuit in United States District Court Western District of Louisiana seeking declaratory an…

COVID-19 Summary: Prisoners at Oakdale Federal Correctional Institution filed this putative class action lawsuit seeking immediate release of high risk inmates and a plan outlining mitigation efforts to prevent the spread of COVID-19 in the prison. On April 26, the court granted the defendants' motion to dismiss for lack of jurisdiction.


On April 6, 2020, the plaintiffs filed this putative class action lawsuit in United States District Court Western District of Louisiana seeking declaratory and injunctive relief and/or a writ of habeas corpus. The plaintiffs sued the warden of Oakdale Federal Correctional Institution and the Federal Bureau of Prisons Director under 28 U.S.C. § 2241 (habeas corpus), 28 U.S.C. § 1651 (All Writs Act), and the Suspension Clause of the U.S. Constitution. The plaintiffs sought to certify a class of all current and future people held in post-conviction custody at Federal Correctional Complex-Oakdale (FCC Oakdale), including a subclass of persons who were particularly vulnerable to COVID-19. They alleged that continued incarceration violated their Eighth Amendment right to be free from cruel and unusual punishment. The plaintiffs sought immediate release of all vulnerable subclass members, creation of a plan outlining mitigation efforts to prevent the spread of COVID-19 for class members not immediately released, housing for any released class members who lacked a place to self isolate, and declaratory relief.

On April 10, 2020, the defendants provided information regarding the inmate review process at FCC Oakdale. They outlined ways in which they were addressing the COVID-19 pandemic, including the deployment of inmate orderlies on a 24-hour basis to disinfect all facilities after use. The defendants also asserted that they were continuing to consider the use of compassionate release for appropriate inmates. The Bureau of Prisons Central Office recommended review for home confinement place for inmates who meet the following criteria:

1) Primary Offense is not violent;

2) Primary Offense is not sex offense;

3) Primary Offense is not terrorism;

4) No detainer;

5) Mental Health Care Level is less than IV;

6) PATTERN (BOP’s new risk and needs assessment tool) score is MIN;

7) BRAVO (BOP’s existing risk evaluation tool) score is LOW or MIN;

8) Completed at least 50% of their sentence; and

9) No Incident Reports in the past 12 months.

The defendants also asserted that they anticipated expanding the criteria for review.

On April 13, 2020, plaintiffs filed an emergency motion for a Temporary Restraining Order including requirements: that the defendant identify all medically vulnerable subclass members and that defendant present evident as to why they are challenging the release of the person; that the court immediately release all members that defendants did not make a required showing as to why they should not be released; that defendant provide all persons with educational resources on COVID-19; that defendants report weekly on the population of persons in Oakdale who are medically vulnerable; and a declaration that Oakdale's policies do not violate the Eighth Amendment.

On April 13, 2020, Magistrate Judge Kathleen Kay issued an order denying as moot the motion for the Temporary Restraining Order and granting the plaintiffs' motion for emergency consideration of their motion for preliminary injunction.

On April 15, 2020, the defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim. The defendants argued that the court was barred from reviewing defendants' decisions regarding classification and placement of inmates, and that plaintiffs had failed to assert sufficient facts to show that their confinement was unlawful or that the defendants had acted with deliberate indifference.

On April 16, 2020, the defendants provided a second update regarding the prisoner review process at FCC Oakdale. They asserted that they continued to review individuals for release, preparing to release six prisoners. As of April 16, 2020, there were 32 active confirmed cases of COVID-19, fourteen prisoners who had recovered, and one death.

On April 17, 2020, defendants moved to stay consideration of class certification pending adjudication of their motion to dismiss, "to preserve resources and advance the interest of judicial economy."

On April 22, 2020, Judge Doughty granted defendants' motion to dismiss for lack of jurisdiction, finding that it was outside of the court's purview to direct BOP how to classify its inmates and thus the court lacked subject matter jurisdiction.

As of April 26, the case is closed.

Summary Authors

Cedar Hobbs (7/17/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17046296/parties/livas-v-myers/


Judge(s)

Doughty, Terry Alvin None (Louisiana)

Attorneys(s) for Plaintiff

Arkles, Gabriel (New York)

Brown, Meredith Taylor (New York)

Buskey, Brandon (New York)

Hamilton, Bruce Warfield (Louisiana)

Koesterer, Hannah O (Illinois)

Luger, David (Illinois)

Meyer, Ryan J (Texas)

Schwartzmann, Katharine Murphy (Louisiana)

Trivedi, Somil Bharat (District of Columbia)

Judge(s)

Doughty, Terry Alvin None (Louisiana)

Attorneys(s) for Plaintiff

Arkles, Gabriel (New York)

Brown, Meredith Taylor (New York)

Buskey, Brandon (New York)

Hamilton, Bruce Warfield (Louisiana)

Koesterer, Hannah O (Illinois)

Luger, David (Illinois)

Meyer, Ryan J (Texas)

Schwartzmann, Katharine Murphy (Louisiana)

Trivedi, Somil Bharat (District of Columbia)

Wedekind, Jennifer A. (District of Columbia)

Woods, Andrea (New York)

Attorneys(s) for Defendant

Joseph, David Cleveland (Louisiana)

King, Karen J. (Louisiana)

Vincent, Katherine (Louisiana)

Expert/Monitor/Master

Goldenson, Joe (California)

Griffin, Richard Allen (Michigan)

Documents in the Clearinghouse

Document

2:20-cv-00422

Docket [PACER]

April 22, 2020

April 22, 2020

Docket
1 (& 1-1 to 1-5)

2:20-cv-00422

Petition for Writ of Habeas Corpus, Injunctive, and Declaratory Relief

April 6, 2020

April 6, 2020

Complaint
5

2:20-cv-00422

Minutes of Proceeding

April 7, 2020

April 7, 2020

Other
8 (& 8-1 to 8-3)

2:20-cv-00422

BOP’S COVID-19 Inmate Review Update

April 10, 2020

April 10, 2020

Pleading / Motion / Brief
10

2:20-cv-00422

Memorandum Order

April 13, 2020

April 13, 2020

Order/Opinion
9 (& 9-1 to 9-16)

2:20-cv-00422

Petitioners' Emergency Motion for Release of Vulnerable and Low-Risk Prisoners from Oakdale

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
12, 12-1

2:20-cv-00422

Respondents' Motion to Dismiss and Memorandum in Support

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
13 (& 13-1, 13-2)

2:20-cv-00422

Respondents' Memorandum in Opposition to Petitioners' Motion for Preliminary Injunction

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
14, 14-1

2:20-cv-00422

BOP's Second COVID-19 Inmate Review Update

April 16, 2020

April 16, 2020

Pleading / Motion / Brief
17

2:20-cv-00422

Respondents' Motion to Stay Consideration of Class Certification Pending Adjudication of Respondents' Motion to Dismiss Petition and Emergency Motion and Memorandum in Support

April 17, 2020

April 17, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17046296/livas-v-myers/

Last updated Sept. 1, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link

Case Assigned/Reassigned

April 6, 2020

April 6, 2020

PACER

Divisional Transfer

April 6, 2020

April 6, 2020

PACER

CASE Assigned to Judge Terry A Doughty and Magistrate Judge Kathleen Kay. (crt,Thigpen, M)

April 6, 2020

April 6, 2020

PACER

DIVISIONAL TRANSFER of Old Case Number 1:20-cv-0422 from Alexandria Division to Lake Charles Division. New Case Number 2:20-cv-0422. (crt,Thigpen, M)

April 6, 2020

April 6, 2020

PACER
1

MOTION for Preliminary Injunction, MOTION for Permanent Injunction (Motion Ripe Deadline set for 4/6/2020.) by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. ADMINISTRATIVE ENTRY: (THE PDF IMAGE CAN BE FOUND IN ATTACHMENT #1 OF DOCUMENT 1 COMPLAINT (crt,Thigpen, M) (Entered: 04/14/2020)

1 Civil cover sheet

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2 Affidavit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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April 6, 2020

April 6, 2020

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2

MOTION for Somil Trivedi to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4229189) by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 4/7/2020. (Attachments: # 1 Exhibit, # 2 Proposed order)(aty,Hamilton, Bruce) Modified on 4/7/2020. Please see Corrective Document 4 for original signature of applying attorney (Haik, K). (Entered: 04/07/2020)

1 Exhibit

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2 Proposed order

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April 7, 2020

April 7, 2020

PACER

Notice of Corrective Action

April 7, 2020

April 7, 2020

PACER
3

SUMMONS ISSUED as to U S Attorney, U S Attorney General, Rodney Myers, Michael Carvajal. (crt,Thigpen, M) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
4

CORRECTIVE DOCUMENT entitled Signed Pro Hac Vice filed by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith regarding 2 MOTION for Somil Trivedi to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4229189) . (aty,Hamilton, Bruce) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
5

MINUTES for proceedings held before Judge Terry A Doughty: STATUS CONFERENCE held on 4/7/2020. Defendants' counsel agreed to provide the framework or guidance under which decisions are being made as to the release, removal, or furlough of prisoners by noon on Friday, April 10, 2020. Plaintiffs' counsel intends to review the information before making a decision to file a motion for injunctive relief. (crt,Crawford, A) (Main Document 5 replaced on 4/7/2020) (Crawford, A). (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

RECAP

NOTICE of Corrective Action regarding 5 Status Conference. Action taken: Document Replaced to correct typographical error. (crt,Crawford, A)

April 7, 2020

April 7, 2020

PACER
6

ORDER granting 2 Motion to Appear Pro Hac Vice for appearance of Somil Trivedi for Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. Signed by Magistrate Judge Kathleen Kay on 4/8/2020. (crt,Williams, L) (Entered: 04/09/2020)

April 8, 2020

April 8, 2020

PACER
7

SEALED DOCUMENT: BOP's Notice of Inmates Previously Identified for Removal from FCC Oakdale by Michael Carvajal, Rodney Myers re 5 Status Conference,. (Attachments: # 1 Exhibit A- Attorney General Memo to the BOP dated March 26, 2020)(aty,King, Karen) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
8

NOTICE of BOP's COVID-19 INMATE REVIEW UPDATE by Michael Carvajal, Rodney Myers re 5 Status Conference, (Attachments: # 1 Exhibit 1-Declaration of Juan A. Segovia, # 2 Exhibit 2-AG Memo March 26, # 3 Exhibit 3-AG Memo April 3)(aty,King, Karen) (Entered: 04/10/2020)

1 Exhibit 1-Declaration of Juan A. Segovia

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2 Exhibit 2-AG Memo March 26

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3 Exhibit 3-AG Memo April 3

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April 10, 2020

April 10, 2020

RECAP
9

MOTION for Temporary Restraining Order by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. Motion Ripe Deadline set for 4/13/2020. (Attachments: # 1 Memorandum / Brief, # 2 Affidavit, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Proposed order)(aty,Hamilton, Bruce) (Entered: 04/13/2020)

1 Memorandum / Brief

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2 Affidavit

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Exhibit 7

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10 Exhibit 8

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11 Exhibit 9

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12 Exhibit 10

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13 Exhibit 11

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14 Exhibit 12

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15 Exhibit 13

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16 Proposed order

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April 13, 2020

April 13, 2020

PACER

Set/Reset Hearings

April 13, 2020

April 13, 2020

PACER
10

MEMORANDUM ORDER denying 9 Motion for TRO as Moot; granting 1 Motion for Emergency or Expedited consideration of 1 Request for Preliminary Injunction. Defendant must file a response to 1 Plaintiffs' Request for Preliminary Injunction by 4/15/20. It Is Further Ordered that Defendants file an additional response providing an update to the information provided on April 9 and 10, 2020 by noon on 4/16/20. Finally, It Is Further Ordered that a telephone status conference is set for 4/16/20 at 3:00 p.m. Signed by Judge Terry A Doughty on 4/13/2020. (crt,Crawford, A) Modified on 4/14/2020 to create docket entry relationship (Crawford, A). (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

RECAP

Set/Reset Hearings: Telephone Status Conference set for 4/16/2020 at 3:00 PM before Judge Terry A Doughty. Call in information previously provided. (crt,Crawford, A)

April 13, 2020

April 13, 2020

PACER

Permanent Injunction

April 14, 2020

April 14, 2020

PACER

Preliminary Injunction

April 14, 2020

April 14, 2020

PACER
11

MOTION for Jennifer Wedekind to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4236288) by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 4/15/2020. (Attachments: # 1 Exhibit, # 2 Proposed order)(aty,Hamilton, Bruce) (Entered: 04/15/2020)

1 Exhibit

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2 Proposed order

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April 15, 2020

April 15, 2020

RECAP
12

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss For Failure to State a Claim Petition for Writ of Habeas Corpus, Injunctive, and Declaratory Relief and Emergency Motion for Release of Vulnerable and Low-Risk Prisoners from Oakdale. by Michael Carvajal, Rodney Myers. Motions referred to Kathleen Kay. (Attachments: # 1 Memorandum / Brief)(aty,King, Karen) (Entered: 04/15/2020)

1 Memorandum / Brief

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April 15, 2020

April 15, 2020

RECAP
13

MEMORANDUM in Opposition re 1 MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Michael Carvajal, Rodney Myers. (Attachments: # 1 Exhibit 1-Objections to Exhibits, # 2 Exhibit 2-Declaraton of Dr. Richard Griffin, M.D.)(aty,King, Karen) (Entered: 04/16/2020)

1 Exhibit 1-Objections to Exhibits

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2 Exhibit 2-Declaraton of Dr. Richard Griffin, M.D.

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April 15, 2020

April 15, 2020

RECAP
14

NOTICE of BOP's Second COVID-19 Inmate Review Update by Michael Carvajal, Rodney Myers re 10 Order on Motion for TRO,, (Attachments: # 1 Exhibit 1-Declaration of Juan A. Segovia)(aty,King, Karen) (Entered: 04/16/2020)

1 Exhibit 1-Declaration of Juan A. Segovia

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April 16, 2020

April 16, 2020

RECAP

Set Motion and R&R Deadlines/Hearings

April 16, 2020

April 16, 2020

PACER
15

MINUTES for proceedings held before Judge Terry A Doughty: STATUS CONFERENCE held on 4/16/2020. Petitioner's must respond to 12 MOTION to Dismiss for Lack of Jurisdiction by 4/20/2020. Respondents must file a reply memorandum by 4/21/2020. If the Court finds that it has subject-matter jurisdiction, oral argument will be held on 4/23/20 at 10:00 a.m., via video conference. (crt,Crawford, A) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP

Set Deadlines as to 1 MOTION for Preliminary Injunction. Oral Argument set for 4/23/2020 at 10:00 AM by video conference before Judge Terry A Doughty. (crt,Crawford, A)

April 16, 2020

April 16, 2020

PACER
16

ORDER granting 11 Motion to Appear Pro Hac Vice for appearance of Jennifer Wedekind for Gaines Andrews, Richard Buswell, Dewayne Corbett,Brandon Livas, Carlos Martin, Johnny Smith. Signed by Magistrate Judge Kathleen Kay on 4/16/2020. (crt,Williams, L) (Entered: 04/17/2020)

April 16, 2020

April 16, 2020

PACER
17

MOTION to Stay Consideration of Class Certification Pending Adjudication of Motion to Dismiss Petition and Emergency Motion by Michael Carvajal, Rodney Myers. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 4/17/2020. (Attachments: # 1 Memorandum / Brief, # 2 Proposed order)(aty,King, Karen) (Entered: 04/17/2020)

1 Memorandum / Brief

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2 Proposed order

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April 17, 2020

April 17, 2020

PACER

Motions Transferred regarding 17 MOTION to Stay Consideration of Class Certification Pending Adjudication of Motion to Dismiss Petition and Emergency Motion. Motions referred to Judge Terry A Doughty. (crt,Haik, K)

April 17, 2020

April 17, 2020

PACER
18

MINUTE ENTRY: Petitioner's response to 17 MOTION to Stay Consideration of Class Certification Pending Adjudication of Motion to Dismiss Petition and Emergency Motion is due by 4/21/2020. Signed by Judge Terry A Doughty on 4/20/2020. (crt,Crawford, A) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER

Motions Transferred

April 20, 2020

April 20, 2020

PACER
19

MEMORANDUM in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss For Failure to State a Claim Petition for Writ of Habeas Corpus, Injunctive, and Declaratory Relief and Emergency Motion for Release of Vulnerable and Low-Risk Prisoners from Oakdale. filed by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. (aty,Hamilton, Bruce) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

RECAP
20

MOTION for David Luger to Appear Pro Hac Vice ( Admission fee: $105, receipt number ALAWDC-4240882) by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 4/20/2020. (Attachments: # 1 Exhibit, # 2 Proposed order)(aty,Hamilton, Bruce) (Entered: 04/20/2020)

1 Exhibit

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2 Proposed order

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April 20, 2020

April 20, 2020

PACER
21

ORDER granting 20 Motion to Appear Pro Hac Vice for appearance of David Luger for Gaines Andrews, David Luger for Richard Buswell, David Luger for Dewayne Corbett, David Luger for Brandon Livas, David Luger for Carlos Martin, David Luger for Johnny Smith. Signed by Magistrate Judge Kathleen Kay on 4/21/2020. (crt,Haik, K) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
22

(FILED IN ERROR) MEMORANDUM in Opposition re 17 MOTION to Stay Consideration of Class Certification Pending Adjudication of Motion to Dismiss Petition and Emergency Motion filed by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. (aty,Hamilton, Bruce) Modified on 4/22/2020 to reflect Filed in Error. Please see doc. 23 for correct pdf document (Haik, K). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
23

MEMORANDUM in Opposition re 17 MOTION to Stay Consideration of Class Certification Pending Adjudication of Motion to Dismiss Petition and Emergency Motion filed by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. (aty,Hamilton, Bruce) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
24

REPLY to Response to Motion re 12 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss For Failure to State a Claim Petition for Writ of Habeas Corpus, Injunctive, and Declaratory Relief and Emergency Motion for Release of Vulnerable and Low-Risk Prisoners from Oakdale. filed by Michael Carvajal, Rodney Myers. (aty,King, Karen) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP

NOTICE of Corrective Action to Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith regarding 22 Memorandum in Opposition to Motion. Action taken: Edited entry to reflect Filed in Error. Pleading was refiled in its entirety with correct pdf document as 23 MEMORANDUM in Opposition. (crt,Haik, K)

April 21, 2020

April 21, 2020

PACER
25

MOTION for Leave to File Supplemental Authority with consent by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. Motions referred to Kathleen Kay. Motion Ripe Deadline set for 4/22/2020. (Attachments: # 1 Exhibit Supplemental Authority, # 2 Proposed order)(aty,Hamilton, Bruce) (Entered: 04/22/2020)

1 Exhibit Supplemental Authority

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2 Proposed order

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April 22, 2020

April 22, 2020

PACER

Notice of Corrective Action

April 22, 2020

April 22, 2020

PACER

Order on Motion for Leave to File

April 22, 2020

April 22, 2020

PACER
26

NOTICE of Supplemental Evidence by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith re 1 MOTION for Preliminary Injunction MOTION for Permanent Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(aty,Hamilton, Bruce) (Entered: 04/22/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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April 22, 2020

April 22, 2020

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27

ELECTRONIC ORDER granting 25 Motion for Leave to File Supplemental Authority. Signed by Judge Terry A Doughty on 4/22/2020. (crt,Crawford, A) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
28

Supplemental Authority re 19 Memorandum in Opposition to Motion to Dismiss, by Gaines Andrews, Richard Buswell, Dewayne Corbett, Brandon Livas, Carlos Martin, Johnny Smith. (crt,Crawford, A) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
29

SEALED DOCUMENT: Respondents' Notice of Supplemental Evidence in Opposition to Petitioners' Motion for Preliminary Injunction by Michael Carvajal, Rodney Myers re 15 Status Conference,, Set Motion and R&R Deadlines/Hearings,. (Attachments: # 1 Exhibit A-Declaration of Dr. Richard Griffin, M.D., # 2 Exhibit B-Declaration of Todd Chapman)(aty,King, Karen) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
30

MEMORANDUM RULING re 12 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss For Failure to State a Claim, filed by Rodney Myers, Michael Carvajal. Signed by Judge Terry A Doughty on 4/22/2020. (crt,Crawford, A)

April 22, 2020

April 22, 2020

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31

JUDGMENT granting 12 Motion to Dismiss for Lack of Jurisdiction; denying as moot 12 Motion to Dismiss for Failure to State a Claim. Signed by Judge Terry A Doughty on 4/22/2020. (crt,Crawford, A) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP

Remark (Public)

April 29, 2020

April 29, 2020

PACER

REFUND of $395.00 processed this date through Pay.gov as filing fee for habeas matter is $5.00. Filing fee of $400.00 was paid on 04-06-2020, #4227667. Attorney advised to confirm this credit on next credit card statement. (crt,Williams, C)

April 29, 2020

April 29, 2020

PACER

Case Details

State / Territory: Louisiana

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 6, 2020

Closing Date: April 22, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at Oakdale Federal Correctional Institute.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States, Federal

United States , Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Sanitation / living conditions

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run