Case: Maney v. Brown

6:20-cv-00570 | U.S. District Court for the District of Oregon

Filed Date: April 6, 2020

Case Ongoing

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Case Summary

On April 6, 2020, prisoners in the Oregon Department of Corrections ("ODOC") filed this lawsuit against the governor of Oregon and several Oregon DOC officials in the U.S. District Court for the District of Oregon. Represented by private counsel, the Oregon Innocence Center, and the Oregon Justice Resource Center, the plaintiffs sought injunctive relief under 42 U.S.C. § 1983, alleging violations of their Eighth Amendment rights, as well as violations of the Oregon Constitution. Specifically, they claimed that ODOC's lack of preventative measures, testing, and treatment constituted deliberate indifference to the serious risk that COVID-19 posed to the entire class. The case was assigned to Magistrate Judge Stacie F. Beckerman.

In their request for an injunction, the plaintiffs outlined their desired relief, which included: adequate spacing of inmates (at least 6 ft apart) to maintain proper social distancing, assembling of a three-judge panel to reduce the number of prisoners if other remedies prove inadequate, the institution of a safety plan to prevent additional outbreaks, providing access to disinfecting solutions to clean objects and areas, providing COVID-19 testing, waiving medical co-pays for those experiencing symptoms, waiving charges for medical grievances, preventing retaliation from the defendants for reporting symptoms or seeking redress, providing single-cell quarantine of persons who have come in contact with someone who has coronavirus, isolation with proper medical checks for those with symptoms, and safe housing for the class members without incorporating disciplinary characteristics to such housing moves.

On May 12, the plaintiffs filed a motion for temporary restraining order or preliminary injunction. The defendants responded to this motion on May 22, stating that they were taking "extreme measures" to mitigate the dangers of COVID-19, and that the plaintiffs had not shown that they were likely success on the merits, a risk of irreparable harm, or that it was in the public interest to grant relief.

The plaintiffs filed an amended complaint on May 20, adding claims for monetary damages on behalf of those who had contracted COVID-19.

On June 1, Magistrate Judge Beckerman entered an order, denying the motion for temporary restraining order or preliminary injunction, finding that the defendants had responded reasonably to the risks posed by COVID-19. 2020 WL 2839423.

On June 26, the plaintiffs filed a second amended complaint.

On August 3, the defendants filed a motion for partial summary judgment, requesting summary judgment on the damages claims and the entirety of the plaintiffs' negligence claims due to qualified immunity. The plaintiffs filed a motion in opposition to summary judgment on October 3, arguing that qualified immunity did not bar their suit and that discretionary immunity was not appropriate.

The court granted in part and denied in part the defendants’ motion for partial summary judgment on December 15, 2020. 2020 WL 7364977. The court held that the plaintiffs’ negligence claims involving public policy decisions were barred by discretionary immunity, but that the plaintiffs’ challenges to the implementation and enforcement of such decisions were not. The court specifically found issues of fact remained regarding the defendants’ alleged failures to implement and enforce the State’s mask, testing, and quarantine policies; to screen employees for COVID-19 and exposure; to provide adequate sanitation and disinfection; to train staff to require adequate sanitation and disinfection; and to ensure adequate social distancing. Lastly, the court held that the plaintiffs’ Eighth Amendment claims were not barred by qualified immunity because the plaintiffs had a “clearly established right...to be free from heightened exposure to a serious, easily communicable disease.” Whether that right had been violated was a question for the factfinder.

On January 21, 2021 the plaintiffs filed a motion for temporary restraining order and preliminary injunction and a motion to certify a "Vaccine Class" including "All adults in custody housed at Oregon Department of Corrections facilities (ODOC) who have not been offered COVID-19 vaccinations." The plaintiffs argued that class-wide relief was necessary because the defendants were vaccinating corrections officers and a few medically vulnerable adults in custody, as well as older adults and teachers, but had not announced plans to vaccinate the remainder of the ODOC population. On January 22, the plaintiffs filed a third amended complaint.

On February 2, 2021 the court granted plaintiff's motion for provisional class certification and motion for a preliminary injunction and ordered further distribution of the COVID-19 vaccine. The court enjoined the defendants from excluding inmates in ODOC from vaccinations and provisionally certified the vaccine class of all individuals who had not yet been offered a COVID-19 vaccination. 2021 WL 354384. The court acknowledged the Prison Litigation Reform Act's (PLRA) prospective relief provisions but did not make findings related to it.

On May 3, the plaintiffs filed a motion to certify the class and a fourth amended complaint. The proposed "Damages Class" included "all adults incarcerated in Oregon Department of Corrections (ODOC) facilities (1) were incarcerated on or after February 1, 2020; (2) while incarcerated, tested positive or were otherwise diagnosed with COVID-19; and (3) if they became incarcerated after February 1, 2020, tested positive or were otherwise diagnosed with COVID-19 at least 14 days after they entered ODOC custody," as well as a "Wrongful Death Class" which included: "the estates of those adults incarcerated at ODOC facilities continuously since February 1, 2020, who died during the Wrongful Death Class period, and for whom COVID-19 caused or contributed to their death." The simultaneously filed amended complaint alleged constitutional and state law violations against Oregon's governor, several ODOC officials and the state of Oregon.

On July 1, the plaintiffs requested the release of medical records for the decedents in the proposed Wrongful Death Class and notice to emergency contacts regarding the release of medical records. The defendants opposed the motion, stating the court did not have authority to give pre-certification notice to putative class members, that the medical records should not be released without affirmative written consent, and that it was unclear whether the emergency contacts were able to consent to disclosure; the matter was referred to Magistrate Judge Stacie F. Beckerman.

On July 2, the defendants filed a motion to dismiss and a motion to strike.

On August 13, 2021, Magistrate Judge Beckerman granted the motion in part, allowing the plaintiffs to send a notice to emergency contacts and known family members and authorizing the use of medical records upon production of written authorizations.

On September 28, Judge Beckerman denied the defendants' motion to strike the allegations from the complaint regarding failure to release individuals from custody during the COVID-19 pandemic and granted the plaintiffs' request to compel a list of individuals who had tested positive for COVID-19 antibodies. The court granted in part and denied in part the defendants' motion to dismiss. In its opinion, the court found that the plaintiffs' claims related to the prioritization and distribution of COVID-19 vaccines were moot because vaccines had already been available to all individuals and granted the motion to dismiss regarding the injunctive relief claims on behalf of the Vaccine Class. Regarding the personal liability claims against the Governor and Director, the court refused to dismiss the claims, finding the plaintiffs had alleged sufficient facts to suggest a causal connection between the defendants and policies at ODOC. Finally, the court granted the plaintiffs' motion to dismiss one of the plaintiffs, as they had been released from custody and had not tested positive for COVID-19, and therefore was not a member of the Damages Class. 2021 WL 449266.

The plaintiffs filed a fifth amended complaint on October 5; the defendants filed a motion to dismiss in response on November 2. That same day, the plaintiffs filed a sixth amended complaint.

On February 8, 2022, the court granted in part and denied in part the defendants' motion to dismiss the vaccine priority claim because the Public Readiness and Emergency Preparedness Act ("PREP Act") provided immunity for any loss caused by prioritization or allocation of the COVID-19 vaccine. 2022 WL 377900. The court found that the Fourth Amended Declaration to the PREP Act did not extend immunity to the situation in the case, where the defendants had excluded individuals from the vaccine priority group contrary to their own public health guidance and that of the CDC. The court did, however, dismiss the vaccine priority claims against all other defendants other than the Governor and the Director of the Public Health Authority.

The Director of the Public Health Authority appealed the decision to the Ninth Circuit on March 9. The district court entered a partial stay of proceedings pending the appeal.

On April 1, the court granted the motion for class certification and certified the Damages Class and Wrongful Death Class.

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Summary Authors

Becca Rogers (12/25/2020)

Tessa McEvoy (2/20/2021)

Caitlin Kierum (9/7/2021)

Caitlin Kierum (4/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17047797/parties/maney-v-brown/

Judge(s)

Beckerman, Stacie F (Oregon)

Attorney for Plaintiff

Attorney for Defendant

Brown, Jermaine (Oregon)

Expert/Monitor/Master

Armstrong, Shannon L (Oregon)

Asai, Kristin Mariko (Oregon)

Bial, Joseph (District of Columbia)

Judge(s)

Beckerman, Stacie F (Oregon)

Attorney for Plaintiff

Bruggemeier, Franz H. (Oregon)

Chavez, Juan C. (Oregon)

Dahab, Nadia H. (Oregon)

Haile, Benjamin Wright (Oregon)

Meggitt, Alexander (Oregon)

Plesser, Brittney (Oregon)

Sugerman, David F. (Oregon)

Attorney for Defendant

Brown, Jermaine (Oregon)

Busse, R Kyle (Oregon)

Crippen, Kelsie Gene (Oregon)

Hallman, Andrew D. (Oregon)

Honore, Molly K (Oregon)

Joyce, Anna M. (Oregon)

Luo, Yufeng (Oregon)

Naso, Chad Alan (District of Columbia)

Rosenblum, Ellen F. (Oregon)

Shepherd, Kerry J (Oregon)

White, Tracy Ickes (Oregon)

Expert/Monitor/Master

Armstrong, Shannon L (Oregon)

Asai, Kristin Mariko (Oregon)

Bial, Joseph (District of Columbia)

Dewsnup, Daniel (Oregon)

Finzi, Roberto (New York)

Johnson, Darren W. (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
6:20-cv-00570	Docket [PACER]	Aug. 24, 2021	Aug. 24, 2021 Docket
1 6:20-cv-00570	Complaint	April 6, 2020	April 6, 2020 Complaint
9 6:20-cv-00570	Defendants' Answer and Affirmative Defenses	May 1, 2020	May 1, 2020 Pleading / Motion / Brief
14 6:20-cv-00570	Motion for Temporary Restraining Order	May 12, 2020	May 12, 2020 Pleading / Motion / Brief
74 6:20-cv-00570	Brief of Amici Curiae Public Health Rights Experts	May 15, 2020	May 15, 2020 Pleading / Motion / Brief
81 6:20-cv-00570	Amended Complaint	May 20, 2020	May 20, 2020 Complaint
82 6:20-cv-00570	Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction	May 22, 2020	May 22, 2020 Pleading / Motion / Brief
108 6:20-cv-00570	Opinion and Order	June 1, 2020	June 1, 2020 Order/Opinion
111 6:20-cv-00570	Second Amended Complaint Maney v. State of Oregon	June 26, 2020	June 26, 2020 Complaint
115 6:20-cv-00570	Defendants' Motion for Partial Summary Judgment Maney v. State of Oregon	Aug. 3, 2020	Aug. 3, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17047797/maney-v-brown/

Last updated July 11, 2023, 10:49 p.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: AORDC-6501660 Jury Trial Requested: No. Filed by Micah Rhodes, Gary Nulph, Sheryl Lynn Sublet, Gary Clift, Theron Hall, Paul Maney, David Hart against All Defendants (Attachments: # 1 Civil Cover Sheet). (Chavez, Juan) (Entered: 04/06/2020) 1 Civil Cover Sheet View on PACER	April 6, 2020	April 6, 2020 Clearinghouse
2	Notice of Case Assignment: This case is assigned to Magistrate Judge Stacie F. Beckerman. (bd) (Entered: 04/07/2020)	April 7, 2020	April 7, 2020 PACER
101	MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/13/2020 at 09:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk) Modified to correct attorney name on 5/29/2020 (NEF regenerated) (jk). (Entered: 05/29/2020)	April 8, 2020	April 8, 2020 PACER
3	Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/7/2020. Joint Alternate Dispute Resolution Report is due by 9/8/2020. Pretrial Order is due by 9/8/2020. Ordered by Magistrate Judge Stacie F. Beckerman. (bd) (Entered: 04/09/2020)	April 9, 2020	April 9, 2020 PACER
4	Notice of Representation and Acceptance of Service Filed by All Defendants. (White, Tracy) (Entered: 04/10/2020)	April 10, 2020	April 10, 2020 PACER
5	Notice of Association of Attorney Tracy Ickes White,Andrew D. Hallman,Yufeng Luo for Mike Gower,Andrew D. Hallman,Yufeng Luo for Colette Peters,Andrew D. Hallman,Yufeng Luo for Mark Nooth,Andrew D. Hallman,Yufeng Luo for Ken Jeske,Andrew D. Hallman,Yufeng Luo for Kate Brown,Andrew D. Hallman,Yufeng Luo for Rob Persson,Andrew D. Hallman,Yufeng Luo for Heidi Steward. Filed by All Defendants. (White, Tracy) (Entered: 04/10/2020)	April 10, 2020	April 10, 2020 PACER
6	Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 04/10/2020)	April 10, 2020	April 10, 2020 PACER
102	MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/16/2020 at 09:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk) (Entered: 05/29/2020)	April 13, 2020	April 13, 2020 PACER
7	Stipulated Motion for Protective Order . Filed by All Defendants. (White, Tracy) (Entered: 04/14/2020)	April 14, 2020	April 14, 2020 PACER
8	STIPULATED PROTECTIVE ORDER. Signed on 4/14/2020 by Magistrate Judge Stacie F. Beckerman. (pvh) (Entered: 04/14/2020)	April 14, 2020	April 14, 2020 PACER
103	MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/22/2020 at 09:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk) (Entered: 05/29/2020)	April 16, 2020	April 16, 2020 PACER
104	MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/27/2020 at 01:00PM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk) (Entered: 05/29/2020)	April 22, 2020	April 22, 2020 PACER
105	MINUTES of Proceedings: Settlement Conference. Case does not settle. Settlement Conference is continued to 4/28/2020 at 04:00PM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk) (Entered: 05/29/2020)	April 27, 2020	April 27, 2020 PACER
106	MINUTES of Proceedings: Settlement Conference. Case does not settle. Juan Chavez; David Sugarman; Benjamin Haile (all by telephone) present as counsel for plaintiffs. Andrew Hallman; Tracy White; Yufeng Luo (all by telephone) present as counsel for defendants. Magistrate Judge Mustafa T. Kasubhai presiding. (jk) (Entered: 05/29/2020)	April 28, 2020	April 28, 2020 PACER
9	Answer to 1 Complaint, . Filed by Mike Gower, Colette Peters, Mark Nooth, Ken Jeske, Kate Brown, Rob Persson, Heidi Steward. (White, Tracy) (Entered: 05/01/2020)	May 1, 2020	May 1, 2020 Clearinghouse
10	SCHEDULING ORDER: Setting a Rule 16 Conference for Tuesday, 5/12/2020, at 2:00 PM by telephone. The parties shall call into the court's conference line (phone number to be provided via separate sealed entry) five minutes before the scheduled conference time. The court will join the conference call at the appointed time. Local Rules 16-2(b) and 26-1 require that counsel confer before the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If the parties plan to present a proposed schedule, they should e-mail the schedule to giselle_williams@ord.uscourts.gov, by noon the day before the conference. Ordered by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 05/05/2020)	May 5, 2020	May 5, 2020 PACER
	1 - Scheduling	May 5, 2020	May 5, 2020 PACER
11	Individual Party Consent to Jurisdiction by U.S. Magistrate Judge. (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
12	Full Consent by all Parties to Jurisdiction by U.S. Magistrate Judge. (gw) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
13	MINUTES of Proceedings: Rule 16 Conference held before Magistrate Judge Stacie F. Beckerman by telephone on 5/12/2020. ORDER SETTING the following case management schedule: Defendants' Response to Plaintiffs' forthcoming Motion for Temporary Restraining Order and Motion for Preliminary Injunction will be due by 5/22/2020. Plaintiffs' Reply due by 5/26/2020. Oral Argument is set for Friday, 5/29/2020, at 09:30 AM in Portland by videoconference and teleconference (instructions will be e-mailed to the parties) before Magistrate Judge Stacie F. Beckerman. Juan C. Chavez, Franz H. Bruggemeier and David F. Sugerman present as counsel for plaintiffs. Andrew D. Hallman, Tracy Ickes White and Yufeng Luo present as counsel for defendants. Magistrate Judge Stacie F. Beckerman presiding. (gw) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
14	Motion for Temporary Restraining Order and Preliminary Injunction. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 Clearinghouse
15	Declaration of Seloover . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
16	Declaration of Marc Stern, M.D., M.P.H., F.A.C.P. . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
17	Declaration of Schwartz, PH.D. . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
18	Declaration of Parnell . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
19	Declaration of Delicino . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
20	Declaration of Borba . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
21	Declaration of Mitchell . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
22	Declaration of Constatin . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
23	Declaration of Nielsen . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
24	Declaration of White . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
25	Declaration of Hart . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
26	Declaration of Larson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
27	Declaration of Weaver . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
28	Declaration of Frankie White . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
29	Declaration of Pritchett . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
30	Declaration of Strock . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
31	Declaration of Maner . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
32	Declaration of Patterson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
33	Declaration of Preston II . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
34	Declaration of Brown . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
35	Declaration of Hedrick . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
36	Declaration of Fereira . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
37	Declaration of Crockett . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
38	Declaration of McCormack . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
39	Declaration of Benson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
40	Declaration of Sanchez . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
41	Declaration of Polanco . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
42	Declaration of Gillespie . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
43	Declaration of Maddox . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
44	Declaration of Rhodes . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
45	Declaration of Garrett . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
46	Declaration of Taylor . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
47	Declaration of Weis . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
48	Declaration of Lupoli . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
49	Declaration of Adams . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
50	Declaration of Hoag . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
51	Declaration of Kirk . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
52	Declaration of Loreman . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
53	Declaration of Prosch . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
54	Declaration of Smith . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
55	Declaration of Cantrell . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
56	Declaration of Floro . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
57	Declaration of Meeks . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
58	Declaration of Jamison . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
59	Declaration of Richardson . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
60	Declaration of Hall . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
61	Declaration of Lee . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
62	Declaration of Houff . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
63	Supplemental Declaration of Hart . Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 14 .) (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
64	Motion for Leave to Exceed Word Count Limit. Filed by All Plaintiffs. (Chavez, Juan) (Entered: 05/12/2020)	May 12, 2020	May 12, 2020 PACER
65	ORDER: Granting Plaintiffs' Unopposed Motion for Leave to Exceed Length Limit for Plaintiffs' Memorandum in Support of Motion for Temporary Restraining Order (ECF No. 64 ). Ordered on 5/13/2020 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 05/13/2020)	May 13, 2020	May 13, 2020 PACER
66	Motion to Appear as Amicus Curiae . Filed by Robert Cohen, Joseph Goldenson, Michael Puisis. (Attachments: # 1 Exhibit A) (Asai, Kristin) (Entered: 05/13/2020) 1 Exhibit A View on PACER	May 13, 2020	May 13, 2020 PACER
	Rule 16 Conference	May 13, 2020	May 13, 2020 PACER
	Order on Motion for Leave	May 13, 2020	May 13, 2020 PACER
67	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Joseph J. Bial. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698371. Filed by Robert Cohen, Michael Puisis, Joseph Goldenson. (Bial, Joseph) (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
68	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Roberto Finzi. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698518. Filed by Robert Cohen, Michael Puisis, Joseph Goldenson. (Finzi, Roberto) (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
69	Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Darren W. Johnson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698620. Filed by Robert Cohen, Michael Puisis, Joseph Goldenson. (Asai, Kristin) (Entered: 05/14/2020)	May 14, 2020	May 14, 2020 PACER
70	ORDER: Granting Unopposed Motion by Robert Cohen, Joseph Goldenson, and Michael Puisis to Appear as Amicus Curiae (ECF No. 66 ). The parties shall promptly file the "Brief of Amici Curiae Public Health Rights Experts" that is attached to the motion as Exhibit A. Ordered on 5/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
71	ORDER: Granting Joseph J. Bial's Motion for Leave to Appear Pro Hac Vice (ECF No. 67 ). Ordered on 5/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
72	ORDER: Granting Roberto Finzi's Motion for Leave to Appear Pro Hac Vice (ECF No. 68 ). Ordered on 5/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
73	ORDER: Granting Darren W. Johnson's Motion for Leave to Appear Pro Hac Vice (ECF No. 69 ). Ordered on 5/15/2020 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 PACER
74	Amicus Brief of Public Health Rights Experts. Filed by Robert Cohen, Joseph Goldenson, Michael Puisis. (Asai, Kristin) (Entered: 05/15/2020)	May 15, 2020	May 15, 2020 Clearinghouse
	Clerk's Review of Pro Hac Vice Motion	May 15, 2020	May 15, 2020 PACER
	Leave to Appear Pro Hac Vice	May 15, 2020	May 15, 2020 PACER
	Order on Motion to Appear as Amicus Curiae	May 15, 2020	May 15, 2020 PACER
	Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Darren W. Johnson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698620 69 . Pro Hac Vice admission requested by attorney Roberto Finzi. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698518 68 . Pro Hac Vice admission requested by attorney Joseph J. Bial. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-6698371 67 : Reviewed and Ready for Ruling. (ck)	May 15, 2020	May 15, 2020 PACER
75	Amended Answer to 1 Complaint, . Filed by Mike Gower, Rob Persson, Colette Peters, Mark Nooth, Ken Jeske, Kate Brown, Heidi Steward. (White, Tracy) (Entered: 05/19/2020)	May 19, 2020	May 19, 2020 PACER
76	Motion for Leave to File Amended Complaint/Petition . Filed by All Plaintiffs. (Chavez, Juan) (Entered: 05/19/2020)	May 19, 2020	May 19, 2020 PACER
77	Exhibits re Motion for Leave to File Amended Complaint/Petition 76 . Filed by All Plaintiffs. (Chavez, Juan) (Entered: 05/19/2020)	May 19, 2020	May 19, 2020 PACER
78	Declaration of Althea Seloover . Filed by All Plaintiffs. (Related document(s): Motion for Leave to File Amended Complaint/Petition 76 .) (Chavez, Juan) (Entered: 05/19/2020)	May 19, 2020	May 19, 2020 PACER
79	Notice of Attorney Withdrawal: Filed by All Plaintiffs. (Haile, Benjamin) (Entered: 05/20/2020)	May 20, 2020	May 20, 2020 PACER
80	ORDER: Granting Plaintiffs' Unopposed Motion for Leave to File Amended Complaint (ECF No. 76 ). Plaintiffs shall promptly file the Amended Complaint. Ordered on 5/20/2020 by Magistrate Judge Stacie F. Beckerman. (gw) (Entered: 05/20/2020)	May 20, 2020	May 20, 2020 PACER
81	Amended Complaint . Filed by Sheryl Lynn Sublet, Gary Clift, Paul Maney, Micah Rhodes, Gary Nulph, Theron Hall, David Hart against All Defendants. (Chavez, Juan) (Entered: 05/20/2020)	May 20, 2020	May 20, 2020 Clearinghouse
	Order on Motion For Leave to File AmendedComplaint/Petition	May 20, 2020	May 20, 2020 PACER
82	Response to Motion for Temporary Restraining Order and Preliminary Injunction 14 . Filed by Kate Brown, Mike Gower, Ken Jeske, Mark Nooth, Rob Persson, Colette Peters, Heidi Steward. (White, Tracy) (Entered: 05/22/2020)	May 22, 2020	May 22, 2020 Clearinghouse
83	Declaration of Heidi Steward In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion 82 .) (Attachments: # 1 Exhibit 1 - 11) (White, Tracy) (Entered: 05/22/2020) 1 Exhibit 1 - 11 View on PACER	May 22, 2020	May 22, 2020 PACER
84	Declaration of Dr. Daniel Dewsnup In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion 82 .) (Attachments: # 1 Exhibit 1 of 1) (White, Tracy) (Entered: 05/22/2020) 1 Exhibit 1 of 1 View on PACER	May 22, 2020	May 22, 2020 PACER
85	Declaration of Garry Russell In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion 82 .) (Attachments: # 1 Exhibit 1 - 7) (White, Tracy) (Entered: 05/22/2020) 1 Exhibit 1 - 7 View on PACER	May 22, 2020	May 22, 2020 PACER
86	Declaration of Ken Jeske In Support of Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction. Filed by All Defendants. (Related document(s): Response to Motion 82 .) (Attachments: # 1 Attachment 1-3) (White, Tracy) (Entered: 05/22/2020) 1 Attachment 1-3 View on PACER	May 22, 2020	May 22, 2020 PACER

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Case Details

State / Territory: Oregon

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 6, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Class of all prisoners in the Oregon Department of Corrections who are at greater risk of death or severe illness because of their age and/or underlying medical conditions; Class of individuals who had died, due to COVID-19 conditions, while in ODOC during a limited time period

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of the State of Oregon, State

Oregon Department of Corrections, State

Defendant Type(s):

Corrections

Case Details