Case: Maney v. Brown

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

Filed Date: April 6, 2020

Case Ongoing

Clearinghouse coding complete

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, t…

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. 

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 attrorneys, see: https://www.courtlistener.com/docket/17047797/parties/maney-v-brown/


Judge(s)

Beckerman, Stacie F (Oregon)

Attorneys(s) 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)

Attorneys(s) for Defendant

Brown, Jermaine (Oregon)

Busse, R Kyle (Oregon)

Judge(s)

Beckerman, Stacie F (Oregon)

Attorneys(s) 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)

Attorneys(s) 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)

Other Attorney(s)

Armstrong, Shannon L (Oregon)

Asai, Kristin Mariko (Oregon)

Bial, Joseph (District of Columbia)

Finzi, Roberto (New York)

Johnson, Darren W. (New York)

Expert/Monitor/Master

Dewsnup, Daniel (Oregon)

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

464 F.Supp.3d 1191, 2020 WL 2839423

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

Resources

Docket

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

Last updated Aug. 10, 2022, 3:16 a.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

Rule 16 Conference

May 13, 2020

May 13, 2020

PACER

Order on Motion for Leave

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
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

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

Clerk's Review of Pro Hac Vice Motion

May 15, 2020

May 15, 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
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

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

Oregon Department of Corrections, State

Governor of the State of Oregon, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Preliminary injunction / Temp. restraining order

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

COVID vaccination ordered

Mitigation Granted

Mitigation Requested

Type of Facility:

Government-run