Case: Carranza v. Reams

1:20-cv-00977 | U.S. District Court for the District of Colorado

Filed Date: April 7, 2020

Closed Date: Feb. 16, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Inmates held at Weld County Jail (Colorado) with high risks of complications from COVID-19 filed this putative class action lawsuit against the Sheriff of Weld County. They sought injunctive relief, in the form of following public health guidelines in the jail, and declaratory relief. The parties received preliminary approval of a class action settlement on December 29, 2020. On April 7, 2020, inmates held in Weld County Jail with high risks of complications from COVID-19 fi…

COVID-19 Summary: Inmates held at Weld County Jail (Colorado) with high risks of complications from COVID-19 filed this putative class action lawsuit against the Sheriff of Weld County. They sought injunctive relief, in the form of following public health guidelines in the jail, and declaratory relief. The parties received preliminary approval of a class action settlement on December 29, 2020.


On April 7, 2020, inmates held in Weld County Jail with high risks of complications from COVID-19 filed this putative class action lawsuit in the U.S. District Court for the District of Colorado. The plaintiffs sued the Sheriff of Weld County under 42 U.S.C. § 1983, alleging the conditions of confinement violated their Eighth and Fourteenth Amendment rights. They alleged that the defendant had failed to adequately address the COVID-19 pandemic and that Weld County Jail was not following public health guidelines. They also claimed that they shared common utilities, such as toilets, that they were unable to practice social distancing, and that they did not have regular access to hand soap. The plaintiffs sought class certification, a temporary restraining order, and that the court order the defendant to implement a plan that would ensure compliance with public health guidelines. Concurrent with the complaint, the plaintiffs filed a motion for a temporary restraining order, preliminary injunction, and expedited hearing.

The plaintiffs' proposed class was: All current and future persons held at the Weld County Jail who are at high risk of complications from COVID-19 because

(a) they are age 55 or older; or (b) they have the following chronic health conditions: cancer; autoimmune disease (including lupus, rheumatoid arthritis, psoriasis, Sjogren’s, Crohn’s); chronic lung disease (including asthma, chronic obstructive pulmonary disease, bronchiectasis, idiopathic pulmonary fibrosis or other chronic conditions associated with impaired lung function); history of cardiovascular disease; chronic arthritis; chronic liver or kidney disease; diabetes; hypertension; heart failure; HIV; on chronic steroids or other immunosuppressant medications for chronic conditions; (c) they have history of smoking or other substance abuse disorders; or (d) they are pregnant.
On April 14, 2020, plaintiffs filed a motion to withdraw their request for a temporary restraining order and moved for a setting of a preliminary injunction hearing. On April 15, 2020, Judge Philip A. Brimmer granted the motion and set a preliminary injunction hearing for the week of April 27, 2020.

On April 17, 2020, plaintiffs filed an emergency motion for limited expedited discovery, seeking: (1) an inspection of the Weld County jail by plaintiffs' medical expert; (2) a daily report from April 11 to the date of the preliminary injunction hearing detailing the number of individuals in isolation or quarantine; (3) a daily report from April 11 to the date of the preliminary injunction hearing detailing the number of individuals at the jail who had tested positive for COVID-19; and (4) copies of all policies and procedures issued by defendants concerning COVID-19. Defendants opposed the motion, arguing that the inspection would be unnecessary and an undue burden.

On April 21, 2020, Judge Brimmer granted in part and denied in part plaintiffs' motion for limited expedited discovery. Judge Brimmer granted a limited inspection of Weld County Jail and the requested daily reports, but denied the request for all policies and procedures.

On April 26, 2020, defendant filed a motion for a protective order, seeking to block a public records request by the plaintiffs for "policies, procedures, manuals, guidelines, training materials, and orders relating to the coronavirus." On April 27, 2020, Judge Brimmer denied the motion, asserting that the defendant had failed to show that it would suffer any harm by complying with the plaintiffs' request.

On May 11, the plaintiff's motion for TRO and preliminary injunction was granted in part. 2020 WL 2320174. Specifically, the court ordered that on or before May 18, the defendant provide a list of persons “medically vulnerable” currently held at the Weld County Jail (over the age of 65 or with medical conditions). Additionally, they were required to institute a policy to ensure medically vulnerable inmates are “socially distanced” from other inmates housed in the Jail, enhanced sanitization, and increased monitoring for COVID-19 for those medically vulnerable by May 21. The defendants were also required to provide a report on the same day.

The case has been reassigned to Magistrate Judge S. Kato Crews on May 12. On May 18, the defendants notified the court of their complete compliance with the court's preliminary injunction order. The plaintiffs disagreed and filed a motion for a hearing regarding the defendant's non-compliance on May 21. On July 2, the court denied the motion finding that the plaintiff's purpose of asking for a hearing is unclear. The court noted that the plaintiffs did not ask that defendant be held in civil contempt for violating the preliminary injunction order nor ask the court to modify the preliminary injunction order. Instead, they sought a hearing because of an “imbalance in access to relevant information," but failed to explain why this information must be probed at a hearing rather than through the discovery process.

On July 24, the plaintiffs sought to renew the preliminary injunction for an additional 30 days, which was granted on July 29. The plaintiffs again sought to renew the preliminary injunction for an additional 30 days on September 3, which was granted the next day. The preliminary injunction continued to be extended until December 9, 2020.

On November 11, 2020, the parties filed a joint motion for the preliminary approval of class settlement, certification of a class and appointment of class counsel, and permission to post class notice. The parties reported that they had successfully negotiated a resolution to the dispute. The parties included in their motion a proposed consent decree that would ensure measures to protect class members from COVID-19.

The parties reported that the proposed consent decree was negotiated at arms-length without any conflicts of interest. Both parties conceded that they were uncertain of what the eventual outcome of the litigation would be considering the novelty of COVID-19. Both parties agreed that a settlement would be more valuable than proceeding to trial, given the complexity of the resolution and the immediacy of the COVID-19 crisis.

Consent Decree

The proposed consent decree implemented the CDC's definition of "medically vulnerable", subject to future modification by the CDC. The defendant agreed to identify medically vulnerable inmates during booking and intake and to protect such individuals during the remainder of the intake process. The WCJ agreed to attempt to house medically vulnerable inmates in single-cell units during intake and to use specified procedures to minimize exposure if single cells are not available. The WCJ agreed to continue to limit the exposure of medically vulnerable inmates in the general jail population and pledged to permit the maximum amount of daily out-of-cell time for inmates consistent with social distancing protocols.

As part of the consent decree, the WCJ agreed to medically isolate COVID-19 positive inmates in isolation units and to ensure that such an environment would be non-punitive. The jail also promised to use enhanced sanitation procedures, to distribute masks, and to regularly monitor medically vulnerable inmates for COVID-19 symptoms. The jail also agreed to provide testing for inmates consistent with CDC guidelines and to continue remote visitation opportunities.

WCJ agreed to maintain modified arrest standards that would remain in place for the duration of the COVID-19 crisis and pledged to advise Weld County police chiefs to be judicious with jail space.

The consent decree also provided that the defendant comply with robust data reporting to plaintiffs' counsel to monitor compliance with the decree. The plaintiffs and the class were required to release all claims for injunctive and declaratory relief arising from COVID-19 at the WCJ prior to the decree. The expiration of the decree was set at the expiration of the executive order made by the Governor of Colorado declaring a state of emergency, unless the order was renewed or replaced. The defendant also agreed to pay the plaintiffs' counsel $122,387.60 for attorney's fees and costs.

The November 11 motion also included a certification of settlement class and appointment of class counsel. The parties sought to certify all past, present, and future inmates housed at WCJ from April 7, 2020 through the end of the COVID-19 emergency who are "medically vulnerable". The two proposed class representatives fell within the high-risk populations vulnerable to COVID-19. Counsel for the plaintiffs were appointed class counsel.

On December 11, 2020, Judge Brimmer ordered the parties to file supplemental briefs to clarify the meaning of "past" and "future" within the definition of the class and to discuss locations for posting the notice of the settlement within the WCJ in English and Spanish, as well as a location for sending objections.

On December 29, 2020, Judge Brimmer granted the joint motion for preliminary approval of class action settlement, certification of a class and appointment of class counsel, and permission to post class notice. The parties agreed to withdraw past inmates from the proposed class and agreed that the extension of the consent decree to the end of the COVID-19 emergency covered future medically vulnerable inmates. The parties designated one of plaintiffs' counsel as the person to receive objections to the proposed settlement.

The parties also agreed to upload the class notice to the WCJ's jail-wide television system in English and Spanish. The court preliminarily certified all present and future medically vulnerable inmates through the end of the COVID-19 emergency and ordered that plaintiffs' attorneys were appointed class counsel.

On February 16, 2021, the court issued a final judgment granting the joint motion for final approval of class action settlement and final certification of the proposed class and dismissing the case with prejudice.

Summary Authors

Cedar Hobbs (4/12/2020)

Averyn Lee (9/25/2020)

Nicholas Gillan (1/27/2021)

Tessa McEvoy (3/19/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17051431/parties/carranza-v-reams/


Judge(s)

Brimmer, Philip A. (Colorado)

Crews, Shane Kato (Colorado)

Attorneys(s) for Plaintiff

Fairhurst, Michael Paul (Colorado)

Groth, Lauren Elizabeth (Colorado)

Hubbard, Jamie Hughes (Colorado)

Killmer, Darold W. (Colorado)

Lane, David A. (Colorado)

Maxted, David George (Colorado)

McNulty, Andrew (Colorado)

Neel, Sara R. (Colorado)

Judge(s)

Brimmer, Philip A. (Colorado)

Crews, Shane Kato (Colorado)

Attorneys(s) for Plaintiff

Fairhurst, Michael Paul (Colorado)

Groth, Lauren Elizabeth (Colorado)

Hubbard, Jamie Hughes (Colorado)

Killmer, Darold W. (Colorado)

Lane, David A. (Colorado)

Maxted, David George (Colorado)

McNulty, Andrew (Colorado)

Neel, Sara R. (Colorado)

Silverstein, Mark (Colorado)

Wallace, Rebecca Teitelbaum (Colorado)

Williams, Daniel David (Colorado)

Attorneys(s) for Defendant

Hegarty, Matthew Joseph (Colorado)

Peters, John Felix (Colorado)

Ringel, Andrew David (Colorado)

Expert/Monitor/Master

Franco-Paredes, Carlos (Colorado)

Meyer, Jaimie (Connecticut)

Turner, Matthew (Colorado)

Documents in the Clearinghouse

Document

1:20-cv-00977

Docket [PACER]

Feb. 16, 2021

Feb. 16, 2021

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

1:20-cv-00977

Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing

April 7, 2020

April 7, 2020

Pleading / Motion / Brief
2

1:20-cv-00977

Plaintiffs' Motion for Class Certification

April 7, 2020

April 7, 2020

Pleading / Motion / Brief
7

1:20-cv-00977

Complaint for Injunctive and Declaratory Relief

April 8, 2020

April 8, 2020

Complaint
26 (& 26-1 to 26-10)

1:20-cv-00977

Defendant's Response to Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing [ECF 1]

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
28 (& 28-1 to 28-8)

1:20-cv-00977

Plaintiffs' Notice of Supplemental Evidence and Authority in Support of Plaintiffs' Request for Injunctive Relief (ECF Doc. 1)

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
31

1:20-cv-00977

Emergency Motion for Limited Expedited Discovery

April 17, 2020

April 17, 2020

Pleading / Motion / Brief
34 (& 34-1 to 34-3)

1:20-cv-00977

Defendant's Response to Plaintiffs' Emergency Motion for Limited Expedited Discovery [ECF 31]

April 20, 2020

April 20, 2020

Pleading / Motion / Brief
43, 43-1

1:20-cv-00977

Defendant's Notice of Errata for Response to Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing [ECF 1]

April 24, 2020

April 24, 2020

Pleading / Motion / Brief
41

1:20-cv-00977

Defendant's Supplemental Response to Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing [ECF 1] in Compliance with Court Order [ECF 39]

April 24, 2020

April 24, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17051431/carranza-v-reams/

Last updated Aug. 29, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Hearing by Plaintiffs Thomas Carranza, Chad Hunter, Jesus Martinez, Colby Propes, Michael Ward. (Attachments: # 1 Exhibit 1 - Meyer Declaration, # 2 Exhibit 2 - Franco-Paredes Report, # 3 Exhibit 3 - Carranza Declaration, # 4 Exhibit 4 - Ward Declaration, # 5 Proposed Order (PDF Only))(McNulty, Andrew) (sphil, ). Modified on 4/22/2020 to edit text. (sphil, ). (Entered: 04/07/2020)

1 Exhibit 1 - Meyer Declaration

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2 Exhibit 2 - Franco-Paredes Report

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3 Exhibit 3 - Carranza Declaration

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4 Exhibit 4 - Ward Declaration

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5 Proposed Order (PDF Only)

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April 7, 2020

April 7, 2020

PACER
2

MOTION to Certify Class by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (McNulty, Andrew) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
3

NOTICE of Entry of Appearance by Sara R. Neel on behalf of Richard Barnum, Thomas LewisAttorney Sara R. Neel added to party Richard Barnum(pty:pla), Attorney Sara R. Neel added to party Thomas Lewis(pty:pla) (Neel, Sara) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
4

NOTICE of Entry of Appearance by Mark Silverstein on behalf of Richard Barnum, Thomas LewisAttorney Mark Silverstein added to party Richard Barnum(pty:pla), Attorney Mark Silverstein added to party Thomas Lewis(pty:pla) (Silverstein, Mark) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
5

NOTICE of Entry of Appearance by Rebecca Teitelbaum Wallace on behalf of Richard Barnum, Thomas LewisAttorney Rebecca Teitelbaum Wallace added to party Richard Barnum(pty:pla), Attorney Rebecca Teitelbaum Wallace added to party Thomas Lewis(pty:pla) (Wallace, Rebecca) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
6

Administrative Notice: No initiating document. Attorney contacted with instructions to file the initiating document within 24 hours. (Text Only Entry) (trvo, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
7

COMPLAINT for Injunctive and Declaratory Relief against Steven Reams, filed by Colby Propes, Richard Barnum, Chad Hunter, Jesus Martinez, Thomas Carranza, Thomas Lewis, Michael Ward. (Attachments: # 1 Civil Cover Sheet)(McNulty, Andrew) Modified on 4/8/2020 to correct docket. (alave, ). (Entered: 04/08/2020)

1 Civil Cover Sheet

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April 8, 2020

April 8, 2020

PACER
8

NOTICE of Entry of Appearance by Daniel David Williams on behalf of Richard Barnum, Thomas LewisAttorney Daniel David Williams added to party Richard Barnum(pty:pla), Attorney Daniel David Williams added to party Thomas Lewis(pty:pla) (Williams, Daniel) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
9

NOTICE of Entry of Appearance by Lauren Elizabeth Groth on behalf of Richard Barnum, Thomas LewisAttorney Lauren Elizabeth Groth added to party Richard Barnum(pty:pla), Attorney Lauren Elizabeth Groth added to party Thomas Lewis(pty:pla) (Groth, Lauren) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
10

Filing fee: $ 400.00, receipt number 1082-7241801. (alave, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
11

Administrative Notice: Duplicate filing fee received. Financial notified and a refund is pending. (Text Only Entry) (alave, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
12

NOTICE of Entry of Appearance by Jamie Hughes Hubbard on behalf of Thomas Carranza, Chad Hunter, Jesus Martinez, Colby PropesAttorney Jamie Hughes Hubbard added to party Thomas Carranza(pty:pla), Attorney Jamie Hughes Hubbard added to party Chad Hunter(pty:pla), Attorney Jamie Hughes Hubbard added to party Jesus Martinez(pty:pla), Attorney Jamie Hughes Hubbard added to party Colby Propes(pty:pla) (Hubbard, Jamie) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
13

Case assigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Michael E. Hegarty. Text Only Entry (cmadr, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
14

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). NO SUMMONS ISSUED. (cmadr, ) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
15

NOTICE of Entry of Appearance by Michael Paul Fairhurst on behalf of Thomas Carranza, Chad Hunter, Jesus Martinez, Colby Propes, Michael WardAttorney Michael Paul Fairhurst added to party Thomas Carranza(pty:pla), Attorney Michael Paul Fairhurst added to party Chad Hunter(pty:pla), Attorney Michael Paul Fairhurst added to party Jesus Martinez(pty:pla), Attorney Michael Paul Fairhurst added to party Colby Propes(pty:pla), Attorney Michael Paul Fairhurst added to party Michael Ward(pty:pla) (Fairhurst, Michael) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
16

NOTICE of Entry of Appearance by David A. Lane on behalf of Thomas Carranza, Chad Hunter, Jesus Martinez, Colby Propes, Michael WardAttorney David A. Lane added to party Thomas Carranza(pty:pla), Attorney David A. Lane added to party Chad Hunter(pty:pla), Attorney David A. Lane added to party Jesus Martinez(pty:pla), Attorney David A. Lane added to party Colby Propes(pty:pla), Attorney David A. Lane added to party Michael Ward(pty:pla) (Lane, David) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
17

NOTICE of Entry of Appearance by Darold W. Killmer on behalf of Thomas Carranza, Chad Hunter, Jesus Martinez, Colby Propes, Michael WardAttorney Darold W. Killmer added to party Thomas Carranza(pty:pla), Attorney Darold W. Killmer added to party Chad Hunter(pty:pla), Attorney Darold W. Killmer added to party Jesus Martinez(pty:pla), Attorney Darold W. Killmer added to party Colby Propes(pty:pla), Attorney Darold W. Killmer added to party Michael Ward(pty:pla) (Killmer, Darold) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
18

NOTICE of Entry of Appearance by David George Maxted on behalf of Thomas Carranza, Chad Hunter, Jesus Martinez, Colby Propes, Michael WardAttorney David George Maxted added to party Thomas Carranza(pty:pla), Attorney David George Maxted added to party Chad Hunter(pty:pla), Attorney David George Maxted added to party Jesus Martinez(pty:pla), Attorney David George Maxted added to party Colby Propes(pty:pla), Attorney David George Maxted added to party Michael Ward(pty:pla) (Maxted, David) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
19

WAIVER OF SERVICE Returned Executed by Colby Propes, Richard Barnum, Chad Hunter, Jesus Martinez, Thomas Carranza, Thomas Lewis, Michael Ward. Steven Reams waiver sent on 4/8/2020, answer due 6/8/2020. (McNulty, Andrew) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
20

NOTICE of Entry of Appearance by Matthew Joseph Hegarty on behalf of Steven ReamsAttorney Matthew Joseph Hegarty added to party Steven Reams(pty:dft) (Hegarty, Matthew) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
21

NOTICE of Entry of Appearance by Andrew David Ringel on behalf of Steven ReamsAttorney Andrew David Ringel added to party Steven Reams(pty:dft) (Ringel, Andrew) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
22

NOTICE of Entry of Appearance by John Felix Peters on behalf of Steven ReamsAttorney John Felix Peters added to party Steven Reams(pty:dft) (Peters, John) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
23

MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/8/2020, re: 1 MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Hearing filed by Chad Hunter, Michael Ward, Thomas Carranza, Jesus Martinez, Colby Propes. ORDERED that defendant shall file a response to that portion of plaintiffs' motion seeking a temporary restraining order and expedited hearing on or before April 13, 2020, at 9:00 a.m.. (sphil, ) (Entered: 04/09/2020)

April 8, 2020

April 8, 2020

PACER
24

Unopposed MOTION for Leave to File Excess Pages for Response to Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing [ECF 1] by Defendant Steven Reams. (Hegarty, Matthew) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 13, 2020

April 13, 2020

PACER

Minute Order

April 13, 2020

April 13, 2020

PACER
25

ORDER by Chief Judge Philip A. Brimmer on 4/13/2020 re: 24 Motion for Leave to File Excess Pages is GRANTED. Defendant may file a response not to exceed 42 pages. Text Only Entry(pabsec2) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
26

RESPONSE to 1 MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Hearing filed by Defendant Steven Reams. (Attachments: # 1 Exhibit A - Declaration of Sheriff Reams, # 2 Exhibit A-1 to Exhibit A-5, # 3 Exhibit A-6 to Exhibit A-10, # 4 Exhibit A-11 to Exhibit A-15, # 5 Exhibit A-16 to Exhibit A-20, # 6 Exhibit A-21 to Exhibit A-25, # 7 Exhibit A-26 to Exhibit A-30, # 8 Exhibit A-31 to Exhibit A-35, # 9 Exhibit A-36 to Exhibit A-39, # 10 Exhibit A-40 to Exhibit A-46)(Hegarty, Matthew) (Entered: 04/13/2020)

1 Exhibit A - Declaration of Sheriff Reams

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2 Exhibit A-1 to Exhibit A-5

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3 Exhibit A-6 to Exhibit A-10

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4 Exhibit A-11 to Exhibit A-15

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5 Exhibit A-16 to Exhibit A-20

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6 Exhibit A-21 to Exhibit A-25

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7 Exhibit A-26 to Exhibit A-30

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8 Exhibit A-31 to Exhibit A-35

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9 Exhibit A-36 to Exhibit A-39

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10 Exhibit A-40 to Exhibit A-46

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April 13, 2020

April 13, 2020

RECAP
27

MINUTE ORDER: Plaintiffs shall file a reply to defendant's response to plaintiffs' motion for temporary restraining order, not to exceed 20 pages, on or before Tuesday, April 14, 2020 at 5:00 p.m. In their reply, plaintiffs shall address (1) defendants argument that plaintiffs claim is not viable under Monell v. Dept of Soc. Servs., 436 U.S. 658, 694 (1978), and (2) whether any of plaintiffs requests for relief are moot in light of new policies and procedures implemented by defendant, see Docket No. 26 at 30-32, by Chief Judge Philip A. Brimmer on 4/13/2020. Text Only Entry (pabsec2) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
28

NOTICE of Supplemental Authorities re: 1 MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Hearing by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward (Attachments: # 1 Exhibit 1 - Cook Declaration, # 2 Exhibit 2 - Vecchiarelli Declaration, # 3 Exhibit 3 - Brewer Declaration, # 4 Exhibit 4 - Lewis Declaration, # 5 Exhibit 5 - Griffiths Declaration, # 6 Exhibit 6 - Swain v Junior, # 7 Exhibit 7 - New York v Braun, # 8 Exhibit 8 - US v Plunk)(McNulty, Andrew) (Entered: 04/13/2020)

1 Exhibit 1 - Cook Declaration

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2 Exhibit 2 - Vecchiarelli Declaration

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3 Exhibit 3 - Brewer Declaration

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4 Exhibit 4 - Lewis Declaration

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5 Exhibit 5 - Griffiths Declaration

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6 Exhibit 6 - Swain v Junior

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7 Exhibit 7 - New York v Braun

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8 Exhibit 8 - US v Plunk

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April 13, 2020

April 13, 2020

PACER
29

MOTION to Withdraw REQUEST FOR TEMPORARY RESTRAINING ORDER AND REQUEST FOR SETTING OF PRELIMINARY INJUNCTION HEARING by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (McNulty, Andrew) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
30

MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/15/2020, re: 29 plaintiffs' Withdrawal of Request for Temporary RestrainingOrder and Request for Setting of Preliminary Injunction Hearing is GRANTED. ORDERED that the portion of plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing [Docket No. 1] seeking a temporary restraining order is WITHDRAWN. ORDERED that counsel shall jointly contact Chambers via conference call (303- 335-2794) on April 21, 2020 to schedule a preliminary injunction hearing for the week of April 27, 2020..(sphil, ) Modified on 4/15/2020 to edit text. (sphil, ). (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
31

Emergency MOTION for Discovery Limited and Expedited Discovery by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (McNulty, Andrew) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP

Minute Order

April 17, 2020

April 17, 2020

PACER
32

Witness List by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Williams, Daniel) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
33

MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/17/2020. Defendant shall file a response to plaintiffs' 31 Emergency Motion for Discovery, not to exceed 10 pages, on or before 4/20/2020 at 12:00 p.m. Text Only Entry (pabsec2) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
34

RESPONSE to 31 Emergency MOTION for Discovery Limited and Expedited Discovery filed by Defendant Steven Reams. (Attachments: # 1 Exhibit A -- 2020-04-16 -- Relevant Conferral Efforts on ECF 31, # 2 Exhibit B -- 2020-04-10 -- Agreed Upon Inspection Protocol for WCJ -- Short Form, # 3 Exhibit C -- Decl of Capt Matthew Turner)(Hegarty, Matthew) (Entered: 04/20/2020)

1 Exhibit A -- 2020-04-16 -- Relevant Conferral Efforts on ECF 31

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2 Exhibit B -- 2020-04-10 -- Agreed Upon Inspection Protocol for WCJ -- Short Form

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3 Exhibit C -- Decl of Capt Matthew Turner

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April 20, 2020

April 20, 2020

PACER
35

Witness List by Defendant Steven Reams. (Hegarty, Matthew) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER
36

MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/21/2020, re: 31 plaintiffs' Emergency Motion for Limited Expedited Discovery is GRANTED IN PART and DENIED IN PART.(sphil, ) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
37

Unopposed MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class CERTIFICATION [ECF 2] by Defendant Steven Reams. (Attachments: # 1 Proposed Order (PDF Only))(Peters, John) (Entered: 04/21/2020)

1 Proposed Order (PDF Only)

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April 21, 2020

April 21, 2020

PACER
38

ORDER by Chief Judge Philip A. Brimmer on 4/22/2020 re: 37 Motion for Extension of Time to File Response/Reply is GRANTED. Defendant shall respond to plaintiff' Motion to Certify Class 2 on or before June 8, 2020. Text Only Entry(pabsec2) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

April 22, 2020

April 22, 2020

PACER
39

MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/21/2020. ORDERED A preliminary injunction hearing is set for Thursday, April 30, 2020 at 8:00 a.m. before Chief Judge Philip A. Brimmer in Courtroom A 701 and will be conducted VIA VIDEO TELECONFERENCE. ORDERED A Status Conference is set for Thursday, April 23, 2020 at 2:00 p.m. before Chief Judge Philip A. Brimmer in Courtroom A 701 and will be conducted VIA VIDEO TELECONFERENCE. The Court will provide the participants with instructions for connecting to the status conference via email. The public may access the hearing by following the procedures outlined in General Order 2020-3. ORDERED that the parties shall exchange with each other, and submit to the Court, their exhibits on or before April 24, 2020. ORDERED that the parties shall file any updated witness lists with the Court on or before April 24, 2020. ORDERED that defendant shall file a response to plaintiffs motion for a preliminary injunction, not to exceed 15 pages, by April 24, 2020 at noon. ORDERED that plaintiff may file a reply, not to exceed 10 pages, by April 28, 2020 at noon. Text Only Entry (pabsec2, ) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
40

COURTROOM MINUTES for Status Conference via Video Teleconference held on 4/23/2020 before Chief Judge Philip A. Brimmer. ORDERED: Plaintiff's oral motion to except the experts from the sequestration order is GRANTED. Fact witnesses will be sequestered. Court Reporter: Janet Coppock. (sgrim) (Main Document 40 replaced on 4/24/2020) (sgrim, ). (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
41

RESPONSE to 1 MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Hearing filed by Defendant Steven Reams. (Attachments: # 1 Exhibit -- Supplemental Declaration of Capt Matthew Turner for Def Resp to Mot for PI, # 2 Exhibit 2020-04-10 Inmate Masks, # 3 Exhibit 2020-04-10 Protocol Update, # 4 Exhibit 2020-04-11 Reminder to DD Deputies about HALT., # 5 Exhibit 2020-04-11 Reminder to DD Deputies about Goggles, # 6 Exhibit 2020-04-13 Reminder to DD Deputies about Inmate HALT Directive, # 7 Exhibit 2020-04-13 Resp to 19th JD about IM XXXXX w Ltr, # 8 Exhibit 2020-04-13 Receipt of 100 COVID-19 Test Kits.pdf, # 9 Exhibit 2020-04-13 CDPHE and WCDPHE Notice about JBS w Ltr.pdf, # 10 Exhibit 2020-04-14 Sgt Reminder to tell IMs to Clean Sinks.pdf, # 11 Exhibit 2020-04-14 Reminder to DD about Profl Visitors, # 12 Exhibit 2020-04-14 Documenting HALT Bottle Labeling, # 13 Exhibit 2020-04-15 Distillery Hand Sanitizer, # 14 Exhibit 2020-04-16 WCBOG Masks on Back Order, # 15 Exhibit 2020-04-16 CDOC No-Transport Notice w Ltr, # 16 Exhibit 2020-04-17 Notice from 19th JD Chief Judge Hartmann w Ltr, # 17 Exhibit Video from Capt Turner to WCJ Inmates.pdf, # 18 Exhibit Elbe Notes on CJA TeleMtg w Notes.pdf, # 19 Exhibit 2020-04-17 No Receipt of COVID-19 Work Release IM.pdf, # 20 Exhibit 2020-04-18 WCJ Movement and Medical Protocol for High Risk IMs.pdf, # 21 Exhibit EXH B-20 -- 2020-04-20 19th JD 'furloughing' IM Sentences, # 22 Exhibit 2020-04-20 TKHC Revised Iso Protocol.pdf, # 23 Exhibit 2020-04-20 Moving Female Inmates.pdf, # 24 Exhibit 2020-04-20 Email to WCHD about WCSO Efforts.pdf, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit EXH B-32 -- Pod diagrams, # 34 Exhibit EXH C - Decl - Owens, D - Executed, # 35 Exhibit Final Executed Declaration - William Cooper.pdf, # 36 Exhibit CV - Dr. Cooper.pdf, # 37 Exhibit Greeley Tribune News Story on JBS.pdf)(Hegarty, Matthew) (Entered: 04/24/2020)

1 Exhibit -- Supplemental Declaration of Capt Matthew Turner for Def Resp to Mot f

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2 Exhibit 2020-04-10 Inmate Masks

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3 Exhibit 2020-04-10 Protocol Update

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4 Exhibit 2020-04-11 Reminder to DD Deputies about HALT.

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5 Exhibit 2020-04-11 Reminder to DD Deputies about Goggles

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6 Exhibit 2020-04-13 Reminder to DD Deputies about Inmate HALT Directive

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7 Exhibit 2020-04-13 Resp to 19th JD about IM XXXXX w Ltr

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8 Exhibit 2020-04-13 Receipt of 100 COVID-19 Test Kits.pdf

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9 Exhibit 2020-04-13 CDPHE and WCDPHE Notice about JBS w Ltr.pdf

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10 Exhibit 2020-04-14 Sgt Reminder to tell IMs to Clean Sinks.pdf

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11 Exhibit 2020-04-14 Reminder to DD about Profl Visitors

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12 Exhibit 2020-04-14 Documenting HALT Bottle Labeling

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13 Exhibit 2020-04-15 Distillery Hand Sanitizer

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14 Exhibit 2020-04-16 WCBOG Masks on Back Order

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15 Exhibit 2020-04-16 CDOC No-Transport Notice w Ltr

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16 Exhibit 2020-04-17 Notice from 19th JD Chief Judge Hartmann w Ltr

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17 Exhibit Video from Capt Turner to WCJ Inmates.pdf

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18 Exhibit Elbe Notes on CJA TeleMtg w Notes.pdf

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19 Exhibit 2020-04-17 No Receipt of COVID-19 Work Release IM.pdf

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20 Exhibit 2020-04-18 WCJ Movement and Medical Protocol for High Risk IMs.pdf

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21 Exhibit EXH B-20 -- 2020-04-20 19th JD 'furloughing' IM Sentences

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22 Exhibit 2020-04-20 TKHC Revised Iso Protocol.pdf

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23 Exhibit 2020-04-20 Moving Female Inmates.pdf

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24 Exhibit 2020-04-20 Email to WCHD about WCSO Efforts.pdf

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25 Exhibit

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26 Exhibit

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27 Exhibit

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28 Exhibit

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29 Exhibit

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30 Exhibit

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31 Exhibit

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32 Exhibit

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33 Exhibit EXH B-32 -- Pod diagrams

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34 Exhibit EXH C - Decl - Owens, D - Executed

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35 Exhibit Final Executed Declaration - William Cooper.pdf

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36 Exhibit CV - Dr. Cooper.pdf

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37 Exhibit Greeley Tribune News Story on JBS.pdf

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April 24, 2020

April 24, 2020

PACER
42

Witness List - Revised by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Williams, Daniel) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
43

NOTICE re 1 MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Hearing by Defendant Steven Reams (Attachments: # 1 Exhibit)(Hegarty, Matthew) (Entered: 04/24/2020)

1 Exhibit

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April 24, 2020

April 24, 2020

PACER
44

Witness List REVISED by Defendant Steven Reams. (Hegarty, Matthew) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
45

Exhibit List for Preliminary Injunction Hearing by Defendant Steven Reams. (Hegarty, Matthew) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
46

Exhibit List for Preliminary Injunction Hearing by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Hubbard, Jamie) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
47

MOTION for Protective Order Against Circumvention of ECF 36 by Defendant Steven Reams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Hegarty, Matthew) (Entered: 04/26/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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April 26, 2020

April 26, 2020

PACER
48

MINUTE ORDER by Chief Judge Philip A. Brimmer on 4/27/2020, re: 47 defendant's Motion for Protective Order is DENIED. (sphil, ) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
49

REPLY to Response to 1 MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Hearing filed by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Attachments: # 1 Exhibit 1 - Declaration of Franco-Paredes, # 2 Exhibit 2 - Amended Proposed Order)(McNulty, Andrew) (Entered: 04/28/2020)

1 Exhibit 1 - Declaration of Franco-Paredes

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2 Exhibit 2 - Amended Proposed Order

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April 28, 2020

April 28, 2020

PACER
50

NOTICE Joint Notice of Stipulation as to Authenticity and Admissibility of Certain Exhibits, and as to Areas of Expert Qualification, for Hearing on Plaintiffs Motion for Preliminary Injunction [ECF 1] by Defendant Steven Reams (Hegarty, Matthew) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
51

Second NOTICE of Supplemental Authorities re: 1 MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Hearing by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward (Attachments: # 1 Exhibit 1 - Zepeda-Rivas v Jennings)(McNulty, Andrew) Modified on 5/11/2020 to edit text. (sphil, ). (Entered: 04/30/2020)

1 Exhibit 1 - Zepeda-Rivas v Jennings

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April 30, 2020

April 30, 2020

PACER
52

COURTROOM MINUTES for Preliminary Injunction Hearing via Video Teleconference held on 4/30/2020 before Chief Judge Philip A. Brimmer. ORDERED: Plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Expediated Hearing 1 is TAKEN UNDER ADVISEMENT. The Court will issue a written order. Court Reporter: Janet Coppock. (sgrim) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

RECAP
53

THIRD NOTICE of Supplemental Authorities in Support of 1 MOTION for Temporary Restraining Order by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward (Attachments: # 1 Exhibit Exhibit 1 - Swain v. Junior)(McNulty, Andrew) Modified on 5/11/2020 to add linkage. (sphil, ). (Entered: 04/30/2020)

1 Exhibit Exhibit 1 - Swain v. Junior

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April 30, 2020

April 30, 2020

PACER
54

NOTICE of Supplemental Authorities in Support of Supplemental Response re: 41 Response to Motion,,,,,,,, by Defendant Steven Reams (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit A-3)(Peters, John) (Entered: 05/01/2020)

1 Exhibit A-1

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2 Exhibit A-2

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3 Exhibit A-3

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May 1, 2020

May 1, 2020

PACER
55

ORDER by Chief Judge Philip A. Brimmer on 5/11/2020, re: 1 portion of plaintiffs' Motion for Temporary Restraining Order, Preliminary Injunction, and Expedited Hearing seeking a preliminary injunction is GRANTED IN PART. ORDERED that plaintiffs' motion for a preliminary injunction is otherwise is DENIED. ORDERED that, on or before May 18, 2020, at 5:00 p.m., defendant shall certify to the Court that he has compiled a list of those persons ("medically vulnerable inmates") currently held at the Weld County Jail who have one or more of the following conditions: are 65 years and older, have chronic lung disease or moderate to severeasthma, have serious heart conditions, are immunocompromised, have severe obesity, have diabetes, have chronic kidney disease and undergoing dialysis, or have liver disease. ORDERED that, on or before May 21, 2020, at 5:00 p.m., defendant is ordered to file a report with the Court, identifying what new policies have been instituted in accordance with this order. Defendant shall explain in such report what steps the Jail has taken to acquire an adequate mask supply for inmates housed in the Jail.(sphil, ) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

RECAP
56

ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty for non-dispositive matters. Pursuant to 28 U.S.C. ยง 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, and (4) conduct a pretrial conference and enter a pretrial order. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 5/12/2020. Text Only Entry (pabsec2) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER

Order Referring Case to Magistrate Judge

May 12, 2020

May 12, 2020

PACER
57

ORDER OF RECUSAL by Magistrate Judge Michael E. Hegarty on 5/12/2020. The Clerk of the Court to cause this matter to be reassigned by random draw to another Magistrate Judge. (tsher, ) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
58

CASE REASSIGNED pursuant 57 Order of Recusal. This case is randomly reassigned to Magistrate Judge S. Kato Crews. All future pleadings should be designated as 20-cv-00977-PAB-SKC. (Text Only Entry) (tsher, ) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
59

ORDER Setting Rule 16(b) Scheduling Conference. The Scheduling Conference is set for 7/9/2020 at 10:30 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. The parties shall file their proposed scheduling order, and email a copy in Word format to Crews_Chambers@cod.uscourts.gov, on or before 7/2/2020. The Magistrate Judge Consent Form (ECF. # 14 ) is due 7/2/2020. SO ORDERED by Magistrate Judge S. Kato Crews on 5/12/2020. Text Only Entry (skclc2) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER

Order

May 13, 2020

May 13, 2020

PACER
60

Defendant's NOTICE of Complete Compliance re 55 Order on Motion for TRO, by Defendant Steven Reams (Attachments: # 1 Exhibit F -- Second Suppl Decl of Capt Matthew Turner for Def Resp to ECF 55, # 2 Exhibit F-1 -- April 28 2020 COVID-19 SCREENING FORM, # 3 Exhibit F-2 -- 05-13-2020 ''Medically Vulnerable'' Screening Tool, # 4 Exhibit F-3 -- ''Medically Vulnerable'' Interview Screening Tool, # 5 Exhibit F-4 -- List of ''Medically Vulnerable'' Inmates As Defined By the Court, # 6 Exhibit F-5 -- Daily Data from 04-30-2020 to 05-17-2020, # 7 Exhibit G -- Decl of Undersheriff Donnie Patch for Def Resp to ECF 55, # 8 Exhibit H -- Suppl Decl of Sheriff Reams for Def Resp to ECF 55, # 9 Exhibit H-1 --Inmate_Classification, # 10 Exhibit H-2 -- Inmate_Reception, # 11 Exhibit H-3 -- Inmate_Screening_and_Evaluations, # 12 Exhibit H-4 -- Special_Management_Inmates, # 13 Exhibit H-5 -- Suicide_Prevention_and_Intervention, # 14 Exhibit H-6 -- Spec_Care_Inmates)(Hegarty, Matthew) Modified on 5/19/2020 to edit text. (sphil, ). (Entered: 05/18/2020)

1 Exhibit F -- Second Suppl Decl of Capt Matthew Turner for Def Resp to ECF 55

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2 Exhibit F-1 -- April 28 2020 COVID-19 SCREENING FORM

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3 Exhibit F-2 -- 05-13-2020 ''Medically Vulnerable'' Screening

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4 Exhibit F-3 -- ''Medically Vulnerable'' Interview Screening

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5 Exhibit F-4 -- List of ''Medically Vulnerable'' Inmates As D

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6 Exhibit F-5 -- Daily Data from 04-30-2020 to 05-17-2020

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7 Exhibit G -- Decl of Undersheriff Donnie Patch for Def Resp to ECF 55

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8 Exhibit H -- Suppl Decl of Sheriff Reams for Def Resp to ECF 55

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9 Exhibit H-1 --Inmate_Classification

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10 Exhibit H-2 -- Inmate_Reception

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11 Exhibit H-3 -- Inmate_Screening_and_Evaluations

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12 Exhibit H-4 -- Special_Management_Inmates

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13 Exhibit H-5 -- Suicide_Prevention_and_Intervention

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14 Exhibit H-6 -- Spec_Care_Inmates

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May 18, 2020

May 18, 2020

PACER
61

TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on April 30, 2020 before Chief Judge Philip A. Brimmer. Pages: 1-261. <br> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.<br> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (jcopp, ) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
62

MOTION for Hearing/Conference re 60 Notice (Other),,,, Plaintiffs' Motion for Forthwith Hearing Regarding Defendant's Non-Compliance with the Court's Preliminary Injunction by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Hubbard, Jamie) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
63

NOTICE re 62 MOTION for Hearing/Conference re 60 Notice (Other),,,, Plaintiffs' Motion for Forthwith Hearing Regarding Defendant's Non-Compliance with the Court's Preliminary Injunction SUBMISSION OF SUPPLEMENTAL SUPPORT by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward (Attachments: # 1 Exhibit 1 First Supplemental Declaration)(Killmer, Darold) (Entered: 05/27/2020)

1 Exhibit 1 First Supplemental Declaration

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May 27, 2020

May 27, 2020

PACER
64

RESPONSE to 2 MOTION to Certify Class filed by Defendant Steven Reams. (Attachments: # 1 Exhibit A -- Third Supplemental Declaration of Capt Matthew Turner)(Hegarty, Matthew) (Entered: 06/08/2020)

1 Exhibit A -- Third Supplemental Declaration of Capt Matthew Turner

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June 8, 2020

June 8, 2020

PACER
65

Defendant's ANSWER to 7 Amended Complaint, by Steven Reams.(Hegarty, Matthew) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
66

RESPONSE to 62 MOTION for Hearing/Conference re 60 Notice (Other),,,, Plaintiffs' Motion for Forthwith Hearing Regarding Defendant's Non-Compliance with the Court's Preliminary Injunction filed by Defendant Steven Reams. (Attachments: # 1 Exhibit I -- Fourth Suppl Declaration of Capt Matthew Turner, # 2 Exhibit I-1 -- 2020-05-14 Email to Dustin Owens, # 3 Exhibit I-2 -- 2020-05-19 Email to Capt Matt Turner, # 4 Exhibit I-3 -- 2020-05-18 Email from Lt Matt Elbe, # 5 Exhibit I-4 -- 2020-05-28 Email from Lt Matt Elbe, # 6 Exhibit I-5 -- 2020-05-19 Email from Lt Marcy Roles Foos, # 7 Exhibit I-6 -- 2020-05-15 Email from Capt Matt Turner)(Hegarty, Matthew) (Entered: 06/11/2020)

1 Exhibit I -- Fourth Suppl Declaration of Capt Matthew Turner

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2 Exhibit I-1 -- 2020-05-14 Email to Dustin Owens

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3 Exhibit I-2 -- 2020-05-19 Email to Capt Matt Turner

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4 Exhibit I-3 -- 2020-05-18 Email from Lt Matt Elbe

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5 Exhibit I-4 -- 2020-05-28 Email from Lt Matt Elbe

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6 Exhibit I-5 -- 2020-05-19 Email from Lt Marcy Roles Foos

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7 Exhibit I-6 -- 2020-05-15 Email from Capt Matt Turner

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June 11, 2020

June 11, 2020

PACER
67

Unopposed MOTION for Extension of Time to File Response/Reply as to 2 MOTION to Certify Class Attorney Daniel David Williams added to party Thomas Carranza(pty:pla), Attorney Daniel David Williams added to party Chad Hunter(pty:pla), Attorney Daniel David Williams added to party Jesus Martinez(pty:pla), Attorney Daniel David Williams added to party Colby Propes(pty:pla), Attorney Daniel David Williams added to party Michael Ward(pty:pla) by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Williams, Daniel) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
68

ORDER by Chief Judge Philip A. Brimmer on 6/18/2020 re: 67 Motion for Extension of Time to File Response/Reply is GRANTED. Plaintiffs shall file a reply to 2 Motion to Certify Class on or before June 29, 2020. Text Only Entry(pabsec2) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

June 18, 2020

June 18, 2020

PACER
69

Unopposed MOTION for Extension of Time to File Response/Reply as to 62 MOTION for Hearing/Conference re 60 Notice (Other),,,, Plaintiffs' Motion for Forthwith Hearing Regarding Defendant's Non-Compliance with the Court's Preliminary Injunction by Plaintiffs Thomas Carranza, Chad Hunter, Jesus Martinez, Colby Propes. (Hubbard, Jamie) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
70

ORDER by Chief Judge Philip A. Brimmer on 6/25/2020 re: 69 Motion for Extension of Time to File Response/Reply is GRANTED. In seeking any future extension of time, plaintiffs are directed to ยง I.G.2 of this Court's Practice Standards: "Any motion for extension of time shall be filed no later than three business days before the date the motion, response, reply, or other paper is due." Text Only Entry(pabsec2) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

June 25, 2020

June 25, 2020

PACER
71

BRIEF in Support of 2 MOTION to Certify Class filed by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Williams, Daniel) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

RECAP
72

REPLY to Response to 62 MOTION for Hearing/Conference re 60 Notice (Other),,,, Plaintiffs' Motion for Forthwith Hearing Regarding Defendant's Non-Compliance with the Court's Preliminary Injunction Attorney Jamie Hughes Hubbard added to party Michael Ward(pty:pla) filed by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Attachments: # 1 Affidavit Declaration of Jimmy Chelf)(Hubbard, Jamie) (Entered: 06/29/2020)

1 Affidavit Declaration of Jimmy Chelf

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June 29, 2020

June 29, 2020

PACER
73

CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward All parties do not consent.. (Williams, Daniel) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
74

MINUTE ORDER re: Rule 16(b) Scheduling Conference. For the 7/9/2020 Scheduling Conference, the Parties may choose to appear in person or by telephone. However, the Parties must convey their respective decision re: appearance with each other first. Then, they shall inform the Court of their respective decisions by joint email to Crews_Chambers@cod.uscourts.gov on or before 7/3/2020. Any party appearing by telephone shall dial into the Scheduling Conference by using the following dial in information:CONFERENCE CALL LINE: (888) 251-2909ACCESS CODE: 5662814# SO ORDERED by Magistrate Judge S. Kato Crews on 6/30/2020. Text Only Entry (skclc2) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
75

REPLY to Response to 62 MOTION for Hearing/Conference re 60 Notice (Other),,,, Plaintiffs' Motion for Forthwith Hearing Regarding Defendant's Non-Compliance with the Court's Preliminary Injunction (Amended) filed by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Attachments: # 1 Affidavit of Jimmy Chelf)(Hubbard, Jamie) (Entered: 06/30/2020)

1 Affidavit of Jimmy Chelf

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June 30, 2020

June 30, 2020

PACER

Minute Order

June 30, 2020

June 30, 2020

PACER
76

MINUTE ORDER The upcoming hearing in this matter before Magistrate Judge Crews shall be conducted via telephone. The parties shall call the Court provided conference line as a participant at 888.251.2909, Access Code 5662814# at the scheduled time. The Court notes that the parties may hear the conclusion of a prior hearing at the time they call in, and are instructed to simply wait until their case is called. The Court thanks the parties in advance for their patience and flexibility as the Court implements this new technology. By Magistrate Judge S. Kato Crews on 7/2/2020. Text Only Entry (amont, ) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
77

Proposed Scheduling Order by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Williams, Daniel) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
78

ORDER. Plaintiffs' Motion for Forthwith Hearing Regarding Defendant's Non-Compliance with the Court's Preliminary Injunction [Docket No. 62 ] is DENIED. By Chief Judge Philip A. Brimmer on 07/02/2020. (athom, ) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

RECAP

Minute Order

July 2, 2020

July 2, 2020

PACER
79

COURTROOM MINUTES for proceedings held before Magistrate Judge S. Kato Crews: Telephone Scheduling Conference held on 7/9/2020. Discovery due by 12/18/2020. Dispositive Motions due by 1/22/2021. Joint Status Report due by 9/22/2020. Telephone Final Pretrial Conference set for 3/25/2021 10:00 AM in Courtroom C201 before Magistrate Judge S. Kato Crews. FTR: Courtroom C-201. (amont, ) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
80

SCHEDULING ORDER: by Magistrate Judge S. Kato Crews on 7/9/2020. (amont, ) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
81

MOTION to Amend/Correct/Modify 55 Order on Motion for TRO,,,, Unopposed Motion to Renew Preliminary Injunction for Additional Thirty Days by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Williams, Daniel) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
82

MINUTE ORDER by Chief Judge Philip A. Brimmer on 7/29/2020, re: 81 plaintiffs Unopposed Motion to Renew Preliminary Injunction for Additional Thirty Days is GRANTED. ORDERED that the Court's order granting a preliminary injunction, Docket No. 55, is extended to run an additional 30 days. The order will expire on September 8, 2020 unless extended by the Court.(sphil, ) (Entered: 07/29/2020)

July 29, 2020

July 29, 2020

PACER
83

Second MOTION for Order to Renew Preliminary Injunction for Additional Thirty Days by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Hubbard, Jamie) (Entered: 09/03/2020)

Sept. 3, 2020

Sept. 3, 2020

PACER
84

ORDER by Chief Judge Philip A. Brimmer on 9/4/2020, re: 83 Second MOTION to Renew Preliminary Injunction for Additional Thirty Days. ORDERED that the Court's order GRANTING a preliminary injunction, Docket No. 55, is extended to run an additional 30 days. The order will expire on October 8, 2020 unless extended by the Court.(sphil, ) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

PACER
85

STATUS REPORT to the Court by Defendant Steven Reams. (Attachments: # 1 Exhibit J - Second Supp Declaration of Sheriff Steven Reams, # 2 Exhibit J-1, # 3 Exhibit J-2)(Hegarty, Matthew) (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

PACER
86

Joint STATUS REPORT by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Williams, Daniel) (Entered: 09/22/2020)

Sept. 22, 2020

Sept. 22, 2020

PACER
87

Third Unopposed MOTION to Renew Preliminary Injunction by Plaintiffs Richard Barnum, Thomas Carranza, Chad Hunter, Thomas Lewis, Jesus Martinez, Colby Propes, Michael Ward. (Williams, Daniel) Modified on 10/7/2020 to correct event text (athom, ). (Entered: 10/06/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
88

MINUTE ORDER by Chief Judge Philip A. Brimmer on 10/07/2020 re: 87 Third Unopposed Motion to Renew Preliminary Injunction. The Court's order granting a preliminary injunction, Docket No. 55, is extended for an additional 32 days. The order will expire on November 9, 2020 unless extended by the Court. (athom, ) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
89

Unopposed MOTION for Extension of Time to Answer and Respond to Plaintiffs' First Set of Written Discovery to Defendant by Defendant Steven Reams. (Hegarty, Matthew) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
90

MEMORANDUM regarding 89 Unopposed MOTION for Extension of Time to Answer and Respond to Plaintiffs' First Set of Written Discovery to Defendant filed by Steven Reams. Motion referred to Magistrate Judge S. Kato Crews, by Chief Judge Philip A. Brimmer on 10/15/2020. Text Only Entry (pabsec2) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 7, 2020

Closing Date: Feb. 16, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future persons held at the Weld County Jail who are at high risk of complications from COVID-19.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Weld County (Weld), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $122,387.60

Content of Injunction:

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

Attorneys fees or sanctions ordered

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Mitigation Denied

Mitigation Granted

Mitigation Requested

PPE-ordered provided to prisoners for free

Quarantine/isolation ordered

Release Denied

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Solitary confinement regulated

Transfer-ordered or process created/modified

Wellness/temperature checks ordered

Type of Facility:

Government-run