Case: Swain v. Junior

1:20-cv-21457 | U.S. District Court for the Southern District of Florida

Filed Date: April 5, 2020

Closed Date: Sept. 29, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: On April 4, 2020, individuals detained in Miami-Dade County jails filed a class action complaint in the U.S. District Court for the Southern District of Florida, seeking habeas, injunctive, and declaratory relief. The court granted plaintiff’s motion for a TRO and preliminary injunction in part, and the defendants appealed to the Eleventh Circuit. On June 15, the Eleventh Circuit vacated the preliminary injunction. A jury trial was scheduled for March 1, 2021, but the case was…

COVID-19 Summary: On April 4, 2020, individuals detained in Miami-Dade County jails filed a class action complaint in the U.S. District Court for the Southern District of Florida, seeking habeas, injunctive, and declaratory relief. The court granted plaintiff’s motion for a TRO and preliminary injunction in part, and the defendants appealed to the Eleventh Circuit. On June 15, the Eleventh Circuit vacated the preliminary injunction. A jury trial was scheduled for March 1, 2021, but the case was voluntarily dismissed on September 29.


On April 4, 2020, individuals detained in the Miami-Dade County jails filed this class action complaint in the U.S. District Court for the Southern District of Florida. The plaintiffs, who alleged they were particularly vulnerable to COVID-19, sued the County and County officials. The plaintiffs, represented by the Advancement Project, Community Justice Project, Civil Rights Corps, and Dream Defenders, sought a writ of habeas corpus and injunctive and declaratory relief under 42 U.S.C. § 1983. They claimed that the defendants violated their Eighth and Fourteenth Amendment rights. Specifically, the plaintiffs alleged that conditions at the Metro West jail endangered their health and safety during the COVID-19 pandemic. They alleged that the defendants failed to provide basic hygiene supplies, health care, testing, or social distancing. The plaintiffs argued that the risk was severe because at least 15 jail employees had tested positive for COVID-19 as of April 4.

On April 5, the plaintiffs filed an emergency motion for a temporary restraining order and preliminary injunction. The plaintiffs asked the court to require defendants to take basic steps to safeguard the health of individuals at the jail who, due to their confinement, experienced an increased risk of infection and death. Plaintiffs also sought immediate release for people who were particularly vulnerable because of age or preexisting medical conditions.

Also on April 5, the plaintiffs filed a motion for class certification. The class would include “all current and future persons detained at Metro West during the course of the COVID-19 pandemic.” Separately, the plaintiffs defined a medically-vulnerable subclass as “all current and future persons held at Metro West over the age of fifty, as well as all current and future persons held at Metro West of any age who experience an underlying medical condition that places them at particular risk of serious illness or death from COVID-19.” The subclass sought a writ of habeas corpus.

The court held a conference on the TRO order on April 6 before Judge Kathleen Williams. On April 7, the court referred the case to Magistrate Judge Edwin Torres for discovery issues.

Also on April 7, Judge Williams issued an order granting in part plaintiff’s emergency motion for a TRO. 2020 WL 1692668. The order required that by April 9, defendants file under seal a list of all medically vulnerable individuals who were detained at Metro West and a notice describing the particular measures they employed to protect these individuals from the risk of COVID-19. Further, the court ordered that defendants communicate sufficient information about COVID-19 and measures taken to reduce risk, implement social distancing measures, ensure that each incarcerated person receives free hygiene products, provide reasonable access to showers and laundry, require jail staff to wear PPE and regularly wash their hands, ensure proper testing for individuals with symptoms, and waive charges for medical care. To address individuals diagnosed with or exposed to COVID-19, the court ordered that defendants provide adequate medical care and quarantine procedures that allow continued access to showers, mental health services, and phone calls with family without placing these individuals in cells used for disciplinary confinement. 2020 WL 1692668.

On April 21, the defendants filed a motion to dismiss for failure to exhaust administrative remedies required by the Prison Litigation Reform Act.

The court granted in part the plaintiff’s motion for preliminary injunction, but denied their request for immediate release on April 29. 457 F.Supp.3d 1287 (Apr. 29, 2020). The preliminary injunction was in effect for a period of 45 days and required the defendants to implement adequate distancing, communication, hygienic supplies, testing, and medical care free of charge for COVID-19 related symptoms. The defendants were also required to provide the court a report of COVID-19 population every three days and a proposal outlining steps to ensure additional social distancing safeguards within 7 days. One of the plaintiffs, Winfred Hill, was released the week before the order and his claims were dismissed as moot.

The same day, the defendants appealed to the U.S. Court of Appeals for the Eleventh Circuit. On May 5, the Eleventh Circuit granted the defendant’s motion for a stay pending appeal, staying the injunction issued by the District Court requiring COVID-19 safety measures. 958 F.3d 1081.

A group of corrections experts and a separate group of Eighth Amendment scholars filed amicus briefs in support of the plaintiffs.

On June 2, the plaintiffs filed a motion for reconsideration of the dismissal of plaintiff Winfred Hill's claims as moot. They argued that the court intended to dismiss all of Hill’s claims, even those on behalf of the class. Therefore, they sought an order clarifying that Hill's claims on behalf of the class were not moot. The defendants did not oppose the motion and the court ordered that the claims of any released plaintiffs on behalf of the class were not moot on June 17. The motion was later denied on July 28.

On June 15, the Eleventh Circuit vacated the preliminary injunction and remanded the case back to the district court. 961 F.3d 1276 (Jun. 15, 2020). The appellate court found that the district court erred in concluding that the plaintiffs had met the deliberate indifference requirement for the preliminary injunction, stating that “[f]ailing to do the ‘impossible’ doesn’t evince indifference, let alone deliberate indifference.”

A jury trial was scheduled for March 1, 2021, but after a few weeks of discovery, the parties filed a notice of voluntary dismissal on September 28, 2020.

Summary Authors

Chandler Hart-McGonigle (11/30/2020)

Averyn Lee (9/16/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17044205/parties/swain-v-junior/


Judge(s)

Branch, Elizabeth Lee None (Alabama)

Martin, Beverly Baldwin (Georgia)

Newsom, Kevin Christopher (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Torres, Edwin G. (Florida)

Williams, Kathleen Mary (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Harvey, Thomas B (District of Columbia)

Hubbard, Katherine (District of Columbia)

Jagannath, Meena (Florida)

Judge(s)

Branch, Elizabeth Lee None (Alabama)

Martin, Beverly Baldwin (Georgia)

Newsom, Kevin Christopher (Alabama)

Pryor, William Holcombe Jr. (Alabama)

Torres, Edwin G. (Florida)

Williams, Kathleen Mary (Florida)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Harvey, Thomas B (District of Columbia)

Hubbard, Katherine (District of Columbia)

Jagannath, Meena (Florida)

Karakatsanis, Alec (District of Columbia)

Ragsdale, Maya (Florida)

Rodriguez-Taseff, Lida (Florida)

Sanoja, Katherine Alena (Florida)

Smith, Rodney Quinn II (Florida)

Twinem, Alexandria (District of Columbia)

Yang, Tiffany S. (District of Columbia)

Attorneys(s) for Defendant

Greenberg, Ezra Saul (Florida)

Hochstadt, Jennifer Laura (Florida)

Pastor, Bernard (Florida)

Price-Williams, Abigail (Florida)

Rosenthal, Oren (Florida)

Viciana, Ana Angelica (Florida)

Vosseler, Zachary Edward (Florida)

Zaron, Erica Sunny Shultz (Florida)

Other Attorney(s)

Jefferis, Danielle C. (Colorado)

Kim, Andrew (District of Columbia)

Saleh, Sumayya (Florida)

Santos, Jaime A (District of Columbia)

Expert/Monitor/Master

Chiao, Elizabeth (Texas)

Ebert, Jacqueline (Florida)

Franco-Paredes, Carlos (Colorado)

Golob, Jonathan Louis (Michigan)

Greer, Pedro J (Florida)

Greifinger, Robert B. (New York)

Henderson, Armen (Florida)

Meyer, Jaimie (Connecticut)

Mishori, Ranit (District of Columbia)

Rottnek, Fred (Missouri)

Stern, Marc F. (Washington)

Documents in the Clearinghouse

Document

1:20-cv-21457

Docket [PACER]

Oct. 14, 2020

Oct. 14, 2020

Docket
11, 11-1

1:20-cv-21457

Declaration of Dr. Fred Rottnek

April 5, 2020

April 5, 2020

Declaration/Affidavit
3 (& 3-1 to 3-14)

1:20-cv-21457

Emergency Motion and Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction

April 5, 2020

April 5, 2020

Pleading / Motion / Brief
5 (& 5-1 to 5-6)

1:20-cv-21457

Plaintiffs' Motion for Class Certification and Incorporated Memorandum of Law

April 5, 2020

April 5, 2020

Pleading / Motion / Brief
1

1:20-cv-21457

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

April 5, 2020

April 5, 2020

Complaint
17, 17-1

1:20-cv-21457

Declaration of Dr. Armen Henderson

April 6, 2020

April 6, 2020

Declaration/Affidavit
25

1:20-cv-21457

Order Granting In Part Plaintiffs’ Emergency Motion For A Temporary Restraining Order

2020 WL 1692668

April 7, 2020

April 7, 2020

Order/Opinion
66 (& 66-1 to 66-5)

1:20-cv-21457

Defendants' Motion to Dismiss Count 1 of the Complaint for Failure to Exhaust Administrative Remedies

April 21, 2020

April 21, 2020

Pleading / Motion / Brief
91

1:20-cv-21457

Defendants' Reply in Further Support of Their Motion to Dismiss Count 1 of the Complaint for Failure to Exhaust Administrative Remedies

April 27, 2020

April 27, 2020

Pleading / Motion / Brief
100

1:20-cv-21457

Order Granting in Part and Denying in Part Plaintiffs' Emergency Motion for a Preliminary Injunction

2020 WL 2078580

April 29, 2020

April 29, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17044205/swain-v-junior/

Last updated Aug. 4, 2022, 3 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-12698013, filed by Deondre Willis, Bayardo Cruz, Peter Bernal, Alen Blanco, Ronniel Flores, Anthony Swain, Winfred Hill. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit)(Smith, Rodney) (Entered: 04/05/2020)

1 Civil Cover Sheet

View on PACER

2 Summon(s)

View on PACER

3 Summon(s)

View on PACER

4 Exhibit

View on PACER

5 Exhibit

View on PACER

6 Exhibit

View on PACER

7 Exhibit

View on PACER

8 Exhibit

View on PACER

9 Exhibit

View on PACER

10 Exhibit

View on PACER

11 Exhibit

View on PACER

12 Exhibit

View on PACER

13 Exhibit

View on PACER

14 Exhibit

View on PACER

15 Exhibit

View on PACER

16 Exhibit

View on PACER

17 Exhibit

View on PACER

18 Exhibit

View on PACER

April 5, 2020

April 5, 2020

RECAP

Clerk's Notice of Judge Assignment and Optional Consent

April 5, 2020

April 5, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 5, 2020

April 5, 2020

PACER

~Util - Set/Reset Hearings

April 5, 2020

April 5, 2020

PACER
2

Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. (vjk) (Entered: 04/05/2020)

April 5, 2020

April 5, 2020

PACER
3

EMERGENCY MOTION with Certification of Emergency included by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. Responses due by 4/20/2020 (Attachments: # 1 Certification Emergency Cert., # 2 Text of Proposed Order TRO, # 3 Text of Proposed Order PI, # 4 Exhibit 1., # 5 Exhibit 2., # 6 Exhibit 3., # 7 Exhibit 4., # 8 Exhibit 5., # 9 Exhibit 6., # 10 Exhibit 7., # 11 Exhibit 8., # 12 Exhibit 9., # 13 Exhibit 10, # 14 Exhibit 11)(Smith, Rodney) (Entered: 04/05/2020)

1 Certification Emergency Cert.

View on PACER

2 Text of Proposed Order TRO

View on PACER

3 Text of Proposed Order PI

View on PACER

4 Exhibit 1.

View on PACER

5 Exhibit 2.

View on PACER

6 Exhibit 3.

View on PACER

7 Exhibit 4.

View on PACER

8 Exhibit 5.

View on PACER

9 Exhibit 6.

View on PACER

10 Exhibit 7.

View on PACER

11 Exhibit 8.

View on PACER

12 Exhibit 9.

View on PACER

13 Exhibit 10

View on PACER

14 Exhibit 11

View on PACER

April 5, 2020

April 5, 2020

PACER
4

MOTION for Leave to File Excess Pages for MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. (Smith, Rodney) (Entered: 04/05/2020)

April 5, 2020

April 5, 2020

PACER
5

MOTION to Certify Class by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. Responses due by 4/20/2020 (Attachments: # 1 Exhibit 1. Decl. of Mr. Smith, # 2 Exhibit 2. Dec. of Ms. Ragsdale, # 3 Exhibit 3. Dec. of Ms. Hubbard, # 4 Exhibit 4. Dec. of Mr. Harvey, # 5 Exhibit 5. Dec. of Ms. Yang, # 6 Exhibit 6. Dec. of Ms. Jagannath)(Smith, Rodney) (Entered: 04/05/2020)

1 Exhibit 1. Decl. of Mr. Smith

View on PACER

2 Exhibit 2. Dec. of Ms. Ragsdale

View on PACER

3 Exhibit 3. Dec. of Ms. Hubbard

View on PACER

4 Exhibit 4. Dec. of Mr. Harvey

View on PACER

5 Exhibit 5. Dec. of Ms. Yang

View on PACER

6 Exhibit 6. Dec. of Ms. Jagannath

View on PACER

April 5, 2020

April 5, 2020

PACER
6

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Thomas B. Harvey. Filing Fee $ 200.00 Receipt # AFLSDC-12698061 by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. Responses due by 4/20/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Smith, Rodney) (Entered: 04/05/2020)

1 Certification

View on PACER

2 Text of Proposed Order

View on PACER

April 5, 2020

April 5, 2020

PACER
7

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katherine Hubbard. Filing Fee $ 200.00 Receipt # AFLSDC-12698079 by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain. Responses due by 4/20/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Smith, Rodney) (Entered: 04/05/2020)

1 Certification

View on PACER

2 Text of Proposed Order

View on PACER

April 5, 2020

April 5, 2020

PACER
8

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Tiffany Yang. Filing Fee $ 200.00 Receipt # AFLSDC-12698080 by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. Responses due by 4/20/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Smith, Rodney) (Entered: 04/05/2020)

1 Certification

View on PACER

2 Text of Proposed Order

View on PACER

April 5, 2020

April 5, 2020

PACER
9

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alexandria Twinem. Filing Fee $ 200.00 Receipt # AFLSDC-12698081 by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. Responses due by 4/20/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Smith, Rodney) (Entered: 04/05/2020)

1 Certification

View on PACER

2 Text of Proposed Order

View on PACER

April 5, 2020

April 5, 2020

PACER
10

PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiffs' emergency motion for a temporary restraining order 3 . A telephonic status conference is SET for tomorrow, April 6, 2020 at 3:00 PM in the Miami Division before Judge Kathleen M. Williams. Plaintiffs are ORDERED to provide a copy of this Order to Defendants immediately. The Parties shall dial in 5 minutes before the scheduled start of the telephonic hearing.Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133#. Signed by Judge Kathleen M. Williams on 4/5/2020. (jws) (Entered: 04/05/2020)

April 5, 2020

April 5, 2020

PACER
11

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 3 EMERGENCY MOTION with Certification of Emergency included of Filing Declaration of Dr. Fred Rottnek (Attachments: # 1 Affidavit) (Smith, Rodney) (Entered: 04/05/2020)

1 Affidavit

View on PACER

April 5, 2020

April 5, 2020

PACER
12

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alec Karakatsanis. Filing Fee $ 200.00 Receipt # AFLSDC-12700473 by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. Responses due by 4/20/2020 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Smith, Rodney) (Entered: 04/06/2020)

1 Certification

View on PACER

2 Text of Proposed Order

View on PACER

April 6, 2020

April 6, 2020

PACER

Order on Motion to Appear Pro Hac Vice

April 6, 2020

April 6, 2020

PACER

~Util - Set/Reset Hearings

April 6, 2020

April 6, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 6, 2020

April 6, 2020

PACER
13

PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Thomas B. Harvey. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Thomas B. Harvey, Esq. as counsel of record for Plaintiffs and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 4/6/2020. (js02) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
14

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Katherine Hubbard. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Katherine Hubbard, Esq. as counsel of record for Plaintiffs and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 4/6/2020. (js02) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
15

PAPERLESS ORDER granting 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Tiffany Yang. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Tiffany Yang, Esq. as counsel of record for Plaintiffs and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 4/6/2020. (js02) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
16

PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Alexandria Twinem. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Alexandria Twinem, Esq. as counsel of record for Plaintiffs and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 4/6/2020. (js02) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
17

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 3 EMERGENCY MOTION with Certification of Emergency included of Filing Declaration of Dr. A. Henderson (Attachments: # 1 Affidavit) (Smith, Rodney) (Entered: 04/06/2020)

1 Affidavit

View on PACER

April 6, 2020

April 6, 2020

PACER
18

Summons Issued as to Daniel Junior, Miami-Dade County, Florida. (Attachments: # 1 Summon(s))(vjk) (Entered: 04/06/2020)

1 Summon(s)

View on PACER

April 6, 2020

April 6, 2020

PACER
19

PAPERLESS ORDER. THIS MATTER is before the Court following the telephonic status conference held today, April 6, 2020 on Plaintiffs' emergency motion for a temporary restraining order 3 . The telephonic status conference will RECONVENE tomorrow, April 7, 2020 at 11:00 AM in the Miami Division before Judge Kathleen M. Williams. Plaintiffs are ORDERED to provide a copy of this Order to Defendants immediately. The Parties shall dial in 5 minutes before the scheduled start of the telephonic hearing. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133#. Signed by Judge Kathleen M. Williams on 4/6/2020. (jws) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

PACER
20

PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Status Conference re: Emergency Motion DE # 3 held on 4/6/2020. Court discussed matters with the parties. Telephonic status conference scheduled for 4/7/2020 at 11:00 am before Judge Kathleen M. Williams.Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 04/07/2020)

April 6, 2020

April 6, 2020

PACER
21

ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Discovery Matters and Notice of Court Practices and Procedures. Signed by Judge Kathleen M. Williams on 4/7/2020. See attached document for full details. (ls) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 7, 2020

April 7, 2020

PACER

~Util - Set/Reset Hearings

April 7, 2020

April 7, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 7, 2020

April 7, 2020

PACER
22

PAPERLESS ORDER. THIS MATTER is before the Court following the telephonic status conference held today, April 7, 2020 at 11:00 AM on Plaintiffs' emergency motion for a temporary restraining order 3 . The telephonic status conference will RECONVENE today, April 7, 2020 at 2:00 PM in the Miami Division before Judge Kathleen M. Williams. Plaintiffs are ORDERED to provide a copy of this Order to Defendants immediately. The Parties shall dial in 5 minutes before the scheduled start of the telephonic hearing. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133#. Signed by Judge Kathleen M. Williams on 4/7/2020. (jws) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
23

PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Status Conference re: DE # 3 Emergency Motion held on 4/7/2020. Court discussed matter with the parties and continued the hearing to 4/7/2020 at 2:00 pm. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
24

PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Conference re: DE # 3 Emergency motion reconvened on 4/7/2020 at 2:00 pm. Court discussed the matter further with the parties. Order to follow. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
25

ORDER GRANTING IN PART Plaintiffs' emergency motion for a temporary restraining order 3 . A telephonic Preliminary Injunction Hearing is set for April 21, 2020 at 1:00 PM in the Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 4/7/2020. See attached document for full details. (jws) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

RECAP
26

PAPERLESS ORDER granting 4 Plaintiffs' Motion for Leave to File Excess Pages. As stated during the telephonic status conference held today, April 7, 2020, Plaintiffs' motion for leave to file excess pages in the emergency motion for a temporary restraining order is GRANTED. Signed by Judge Kathleen M. Williams on 4/7/2020. (jws) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
27

MOTION FOR SCHEDULING ORDER by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. (Attachments: # 1 Text of Proposed Order)(Smith, Rodney) (Entered: 04/08/2020)

1 Text of Proposed Order

View on PACER

April 8, 2020

April 8, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 8, 2020

April 8, 2020

PACER

~Util - Set/Reset Hearings

April 8, 2020

April 8, 2020

PACER
28

PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiffs' emergency motion for a temporary restraining order 3 and Plaintiffs' motion for a briefing schedule as to the 2241 claim for habeas corpus. 27 . The Court has reviewed the motions and the record, and has held multiple telephonic status conferences since this case was filed on April 5, 2020. Although the Court entered an injunctive order addressing the conditions of confinement and established a briefing schedule as to a preliminary injunction hearing, the Court asked the Parties to confer with regard to a briefing schedule as to Plaintiffs' 2241 claim. The Parties were unable to agree on an appropriate schedule. 27 .Accordingly, a telephonic status conference is SET for Monday, April 13, 2020 at 10:30 AM in the Miami Division before Judge Kathleen M. Williams. The Parties shall be prepared to discuss the claim for habeas relief as to the named Plaintiffs. The Parties may each, if they wish, file a supplemental brief (not to exceed 10 pages) in advance of the hearing, including appropriate citations to cases addressing this issue, by Sunday, April 12, 2020 at 12:00 PM. Plaintiffs shall also file a notice containing the following information as to each named Plaintiff: (1) criminal case number(s) for current charges; (3) statement of the charge(s); and (3) bond and status of bond. The Parties shall dial in 5 minutes before the scheduled start of the telephonic hearing. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133#. Signed by Judge Kathleen M. Williams on 4/8/2020. (jws) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER

SYSTEM ENTRY - Docket Entry 29 [misc] restricted/sealed until further notice. (745744)

April 9, 2020

April 9, 2020

PACER
30

NOTICE by Daniel Junior of Compliance with Paragragh 2 of Court's April 7, 2020 Order (Pastor, Bernard) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

PACER
31

NOTICE of Attorney Appearance by Lida Rodriguez-Taseff on behalf of Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. Attorney Lida Rodriguez-Taseff added to party Peter Bernal(pty:pla), Attorney Lida Rodriguez-Taseff added to party Alen Blanco(pty:pla), Attorney Lida Rodriguez-Taseff added to party Bayardo Cruz(pty:pla), Attorney Lida Rodriguez-Taseff added to party Ronniel Flores(pty:pla), Attorney Lida Rodriguez-Taseff added to party Winfred Hill(pty:pla), Attorney Lida Rodriguez-Taseff added to party Anthony Swain(pty:pla), Attorney Lida Rodriguez-Taseff added to party Deondre Willis(pty:pla). (Rodriguez-Taseff, Lida) (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
32

MOTION to Expedite Discovery by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. (Attachments: # 1 Exhibit 1 - Notice of Rule 30(b)(6) Deposition, # 2 Exhibit 2 - Request for Interrogatories, # 3 Exhibit 3 - Request for Admissions, # 4 Exhibit 4 - Request for Production)(Rodriguez-Taseff, Lida) (Entered: 04/11/2020)

1 Exhibit 1 - Notice of Rule 30(b)(6) Deposition

View on PACER

2 Exhibit 2 - Request for Interrogatories

View on PACER

3 Exhibit 3 - Request for Admissions

View on PACER

4 Exhibit 4 - Request for Production

View on PACER

April 11, 2020

April 11, 2020

PACER
33

NOTICE of Change of Address by Meena Jagannath (Jagannath, Meena) (Entered: 04/11/2020)

April 11, 2020

April 11, 2020

PACER
34

NOTICE of Attorney Appearance by Ezra Saul Greenberg on behalf of Daniel Junior, Miami-Dade County, Florida. Attorney Ezra Saul Greenberg added to party Daniel Junior(pty:dft), Attorney Ezra Saul Greenberg added to party Miami-Dade County, Florida(pty:dft). (Greenberg, Ezra) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
35

SUPPLEMENT to 28 Set/Reset Hearings,,,,,,, Order,,,,,, by Daniel Junior, Miami-Dade County, Florida (Zaron, Erica) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
36

SUPPLEMENT to 3 EMERGENCY MOTION with Certification of Emergency included In Support of Habeas Relief by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis (Attachments: # 1 Affidavit Declaration of Maya Ragsdale)(Rodriguez-Taseff, Lida) (Entered: 04/12/2020)

1 Affidavit Declaration of Maya Ragsdale

View on PACER

April 12, 2020

April 12, 2020

RECAP
37

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 28 Set/Reset Hearings,,,,,,, Order,,,,,, (Rodriguez-Taseff, Lida) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
38

NOTICE of Attorney Appearance by Zachary Edward Vosseler on behalf of Daniel Junior, Miami-Dade County, Florida. Attorney Zachary Edward Vosseler added to party Daniel Junior(pty:dft), Attorney Zachary Edward Vosseler added to party Miami-Dade County, Florida(pty:dft). (Vosseler, Zachary) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
39

NOTICE of Attorney Appearance by Jennifer Laura Hochstadt on behalf of Daniel Junior, Miami-Dade County, Florida. Attorney Jennifer Laura Hochstadt added to party Daniel Junior(pty:dft), Attorney Jennifer Laura Hochstadt added to party Miami-Dade County, Florida(pty:dft). (Hochstadt, Jennifer) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
40

RESPONSE in Opposition re 32 MOTION to Expedite Discovery filed by Daniel Junior, Miami-Dade County, Florida. Replies due by 4/20/2020. (Greenberg, Ezra) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
41

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 28 Set/Reset Hearings,,,,,,, Order,,,,,, (Rodriguez-Taseff, Lida) (Entered: 04/12/2020)

April 12, 2020

April 12, 2020

PACER
42

REPLY to Response to Motion re 32 MOTION to Expedite Discovery filed by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. (Attachments: # 1 Exhibit A - Cook County Jail Coronavirus Tracker)(Rodriguez-Taseff, Lida) (Entered: 04/12/2020)

1 Exhibit A - Cook County Jail Coronavirus Tracker

View on PACER

April 12, 2020

April 12, 2020

PACER
43

PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Status Conference re: Emergency Motion held on 4/13/2020. Counsel of records present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

~Util - Set/Reset Hearings

April 13, 2020

April 13, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 13, 2020

April 13, 2020

PACER
44

PAPERLESS ORDER. A Telephonic Status Conference is SET for today, April 13, 2020 at 3:30 PM in the Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 4/13/2020. (jws) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
45

NOTICE by Daniel Junior, Miami-Dade County, Florida of filing proposed amended scheduling order (Greenberg, Ezra) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
46

PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Conference re: Emergency motion held on 4/13/2020. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
47

PAPERLESS ORDER. THIS MATTER is before the Court following the telephonic status conferences held today, April 13, 2020. By 7:00 PM today, Plaintiffs shall file their proposed amended scheduling order related to the briefing on Plaintiffs' emergency motion 3 and the limited discovery discussed during the conferences. By 8:00 PM today, the Parties shall file a joint notice indicating whether they have agreed on an individual who will conduct an inspection at Metro West. The Parties' list of proposed individuals may be emailed to the chambers email address. Signed by Judge Kathleen M. Williams on 4/13/2020. (jws) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
48

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 28 Set/Reset Hearings,,,,,,, Order,,,,,, (Rodriguez-Taseff, Lida) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
49

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 47 Order,, of Non-Agreement (Rodriguez-Taseff, Lida) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
50

PAPERLESS ORDER. A telephonic status conference is SET for today, April 14, 2020 at 11:30 AM. The Parties shall dial in 5 minutes before the scheduled start of the telephonic hearing. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133#. Signed by Judge Kathleen M. Williams on 4/14/2020. (jws) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 14, 2020

April 14, 2020

PACER

~Util - Set/Reset Hearings

April 14, 2020

April 14, 2020

PACER
51

NOTICE of Attorney Appearance by Ana Angelica Viciana on behalf of Daniel Junior, Miami-Dade County, Florida. Attorney Ana Angelica Viciana added to party Daniel Junior(pty:dft), Attorney Ana Angelica Viciana added to party Miami-Dade County, Florida(pty:dft). (Viciana, Ana) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
52

ORDER ON 27 PLAINTIFFS' MOTION FOR SCHEDULING ORDER. The telephonic preliminary injunction hearing is RESET for April 27, 2020 at 1:00 PM. Signed by Judge Kathleen M. Williams on 4/14/2020. See attached document for full details. (jws) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

RECAP
53

PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Status Conference re: emergency motion held on 4/14/2020.Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

SYSTEM ENTRY - Docket Entry 54 [misc] restricted/sealed until further notice. (1261384)

April 14, 2020

April 14, 2020

PACER
55

NOTICE of Compliance with Paragraph Eight of Court's Amended Scheduling Order by Daniel Junior, Miami-Dade County, Florida re 52 Order,, Terminate Motions,, Set/Reset Hearings, (Hochstadt, Jennifer) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
56

MOTION for Protective Order to Declare Rights of Plaintiffs Counsel To Communicate With Putative Class Members and for Protective Order by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. (Rodriguez-Taseff, Lida) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

RECAP

~Util - Set/Reset Hearings

April 17, 2020

April 17, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 17, 2020

April 17, 2020

PACER

~Util - Terminate Motions

April 17, 2020

April 17, 2020

PACER
57

EMERGENCY MOTION with Certification of Emergency included for Status Conference by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. Responses due by 5/1/2020 (Attachments: # 1 Certification of Emergency)(Rodriguez-Taseff, Lida) (Entered: 04/17/2020)

1 Certification of Emergency

View on PACER

April 17, 2020

April 17, 2020

PACER
58

PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiffs' emergency motion for a status conference 57 . Plaintiffs' motion for a status conference 57 is GRANTED and a brief telephonic status conference is set for today, April 17, 2020 at 5:00 PM in the Miami Division before Judge Kathleen M. Williams. The Parties shall dial in 5 minutes before the scheduled start of the telephonic hearing. Dial Toll-Free Number: 1-888-684-8852 Access Code: 7369700# Security Code: 1133#. Signed by Judge Kathleen M. Williams on 4/17/2020. (jws) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
60

PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Telephone Status Conference re: emergency motion held on 4/17/2020. Counsel of record present. Court Reporter: Patricia Sanders, 305-523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 04/20/2020)

April 17, 2020

April 17, 2020

PACER
59

NOTICE of Compliance with Paragraph Eight of Court's Amended Scheduling Order by Daniel Junior, Miami-Dade County, Florida re 52 Order,, Terminate Motions,, Set/Reset Hearings, (Hochstadt, Jennifer) (Entered: 04/19/2020)

April 19, 2020

April 19, 2020

PACER

SYSTEM ENTRY - Docket Entry 61 [misc] restricted/sealed until further notice. (704355)

April 20, 2020

April 20, 2020

PACER
62

PAPERLESS ORDER. THIS MATTER is before the Court on a review of the inspection report submitted on April 20, 2020. 61 . Accordingly, the Parties are ORDERED to confer and file a notice with the Court by 3:00 PM today, April 21, 2020, setting forth any reason(s) why the written portion of the report should not be unsealed. Signed by Judge Kathleen M. Williams on 4/21/2020. (jws) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 21, 2020

April 21, 2020

PACER
63

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 62 Order, Joint Notice of Conferral (Rodriguez-Taseff, Lida) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
64

PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' joint notice stating that the Parties agree that the written portion of the inspection report may be unsealed. Accordingly, the written portion of the inspection report is UNSEALED and the Parties are ORDERED to file only this portion of the report to the docket publicly by 6:00 PM today, April 21, 2020. Signed by Judge Kathleen M. Williams on 4/21/2020. (jws) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
65

NOTICE by Daniel Junior, Miami-Dade County, Florida of Filing Exhibits in Support of Response in Opposition to Motion for Preliminary Injunction (Attachments: # 1 Exhibit 1A: Declaration of Director Daniel Junior, # 2 Exhibit 1B: Declaration of Captain Safani Summons, # 3 Exhibit 1C:Declaration of Director Edith Wright, RN, # 4 Exhibit 1D:Declaration of Dr. Reggie Egins, MD, # 5 Exhibit 1E:Declaration of Cpl. Bridgett Johnson, # 6 Exhibit 1F:Declaration of Ofc. Patricia Delancy, # 7 Exhibit 1G:Declaration of Ofc. Jasmine Mayo, # 8 Exhibit 1H:Declaration of Cpl. Nicole Pieze, # 9 Exhibit 1I:Declaration of Ofc. Beatrice Almonor, # 10 Exhibit IJ:Declaration of Dr. Aileen Marty, MD, FCAP, # 11 Exhibit 2:SOP 090 Communicable Disease Temporary Housing Plan, April 3, 2020, # 12 Exhibit 3:Notification to Inmates re: COVID-19, March 12, 2020, # 13 Exhibit 4:Inmate notification re: free calls, March 16, 2020, # 14 Exhibit 5A:Memo re: COVID-19 Pareparedness, March 12, 2020, # 15 Exhibit 5B:Memo Directing Non-Essential Personnel to Work from Home, Mask Use, Social Distancing and Hygiene, April 3, 2020, # 16 Exhibit 6A:Wellness Screening Memo, March 16, 2020, # 17 Exhibit 6B:Second Wellness Screening Memo, March 23, 2020, # 18 Exhibit 6C:Third Wellness Screening Memo, March 27, 2020, # 19 Exhibit 7:Law Enforcement Screening Letter, March 20, 2020, # 20 Exhibit 9:Script of Directors Video re: COVID-19 Pandemic, # 21 Exhibit 10:Directive re: cleaning of high-touch area and enhanced cleaning procedure attaching janitorial handbook, March 10, 2020, # 22 Exhibit 14A:Four emails to SAO and PD containing lists of inmates considered for early release, # 23 Exhibit 14B: Release statistics, # 24 Exhibit 15:Notification to all inmates re: use of PPEs, # 25 Exhibit 16:Emails re: Social Distancing and Personal Hygiene, March 28, 2020, March 31, 2020, April 9, 2020, # 26 Exhibit 17:Memo to all MDCR staff re: COVID-19 preparedness, March 12, 2020, # 27 Exhibit 19:Inmate Handbook in 3 languages, # 28 Exhibit 20:Inventory of Critical Items MDCR, # 29 Exhibit 21:Inventory of distribution to MWDC, # 30 Exhibit 22:Sanitation Schedule MWDC, # 31 Exhibit 23:Directive from Captain Summons Regarding Paper Towels, # 32 Exhibit 26:Inmate Notifications re: Hygiene and Social Distancing Posted in three language in housing units with pictures for low-literacy inmates, # 33 Exhibit 27:Cell Representative Meeting, March 19, 2020, # 34 Exhibit 28:March 30, 2020 command staff meeting, # 35 Exhibit 29:COVID-19 Incident Command Center Response Line, # 36 Exhibit 30A:Eleventh Judicial Circuit Miami-Dade County, Florida, Administrative Order No. 20-08 A1, # 37 Exhibit 30B:Onmibus Order to Terminate Jail Sentences April 3, 2020, # 38 Exhibit 30C:Second Onmibus Order to Terminate Jail Sentences April 3, 2020, # 39 Exhibit 30D:Motion for Release from Custody by Plaintiff Willis April 7, 2020, # 40 Exhibit 30E:Motion to Set Bond for Inmate Blanco, March 16, 2020, # 41 Exhibit 31A:Criminal Justice Information System Information (Swaine), # 42 Exhibit 31B:Criminal Justice Information System Information (Blanco), # 43 Exhibit 31C:Criminal Justice Information System Information (Cruz), # 44 Exhibit 31D:Criminal Justice Information System Information (Flores), # 45 Exhibit 31E:Criminal Justice Information System Information (Hill), # 46 Exhibit 31F:Criminal Justice Information System Information (Willis), # 47 Exhibit 31G:Criminal Justice Information System Information (Bernal), # 48 Exhibit 32:SOP 19-005 Inmate Classifications, # 49 Errata 33:Intake and Release Bureau SOP CL 20-001 Classification Procedures 2-24-2020, # 50 Exhibit 13: Product Information of Cleaning Supplies in inmate housing at MWDC) (Greenberg, Ezra) (Entered: 04/21/2020)

1 Exhibit 1A: Declaration of Director Daniel Junior

View on PACER

2 Exhibit 1B: Declaration of Captain Safani Summons

View on PACER

3 Exhibit 1C:Declaration of Director Edith Wright, RN

View on PACER

4 Exhibit 1D:Declaration of Dr. Reggie Egins, MD

View on PACER

5 Exhibit 1E:Declaration of Cpl. Bridgett Johnson

View on PACER

6 Exhibit 1F:Declaration of Ofc. Patricia Delancy

View on RECAP

7 Exhibit 1G:Declaration of Ofc. Jasmine Mayo

View on PACER

8 Exhibit 1H:Declaration of Cpl. Nicole Pieze

View on PACER

9 Exhibit 1I:Declaration of Ofc. Beatrice Almonor

View on PACER

10 Exhibit IJ:Declaration of Dr. Aileen Marty, MD, FCAP

View on RECAP

11 Exhibit 2:SOP 090 Communicable Disease Temporary Housing Plan, April 3, 2020

View on PACER

12 Exhibit 3:Notification to Inmates re: COVID-19, March 12, 2020

View on PACER

13 Exhibit 4:Inmate notification re: free calls, March 16, 2020

View on PACER

14 Exhibit 5A:Memo re: COVID-19 Pareparedness, March 12, 2020

View on PACER

15 Exhibit 5B:Memo Directing Non-Essential Personnel to Work from Home, Mask Use, S

View on PACER

16 Exhibit 6A:Wellness Screening Memo, March 16, 2020

View on PACER

17 Exhibit 6B:Second Wellness Screening Memo, March 23, 2020

View on PACER

18 Exhibit 6C:Third Wellness Screening Memo, March 27, 2020

View on PACER

19 Exhibit 7:Law Enforcement Screening Letter, March 20, 2020

View on PACER

20 Exhibit 9:Script of Directors Video re: COVID-19 Pandemic

View on PACER

21 Exhibit 10:Directive re: cleaning of high-touch area and enhanced cleaning proce

View on PACER

22 Exhibit 14A:Four emails to SAO and PD containing lists of inmates considered for

View on PACER

23 Exhibit 14B: Release statistics

View on PACER

24 Exhibit 15:Notification to all inmates re: use of PPEs

View on PACER

25 Exhibit 16:Emails re: Social Distancing and Personal Hygiene, March 28, 2020, Ma

View on PACER

26 Exhibit 17:Memo to all MDCR staff re: COVID-19 preparedness, March 12, 2020

View on PACER

27 Exhibit 19:Inmate Handbook in 3 languages

View on PACER

28 Exhibit 20:Inventory of Critical Items MDCR

View on PACER

29 Exhibit 21:Inventory of distribution to MWDC

View on PACER

30 Exhibit 22:Sanitation Schedule MWDC

View on PACER

31 Exhibit 23:Directive from Captain Summons Regarding Paper Towels

View on PACER

32 Exhibit 26:Inmate Notifications re: Hygiene and Social Distancing Posted in thre

View on PACER

33 Exhibit 27:Cell Representative Meeting, March 19, 2020

View on PACER

34 Exhibit 28:March 30, 2020 command staff meeting

View on PACER

35 Exhibit 29:COVID-19 Incident Command Center Response Line

View on PACER

36 Exhibit 30A:Eleventh Judicial Circuit Miami-Dade County, Florida, Administrative

View on PACER

37 Exhibit 30B:Onmibus Order to Terminate Jail Sentences April 3, 2020

View on PACER

38 Exhibit 30C:Second Onmibus Order to Terminate Jail Sentences April 3, 2020

View on PACER

39 Exhibit 30D:Motion for Release from Custody by Plaintiff Willis April 7, 2020

View on PACER

40 Exhibit 30E:Motion to Set Bond for Inmate Blanco, March 16, 2020

View on PACER

41 Exhibit 31A:Criminal Justice Information System Information (Swaine)

View on PACER

42 Exhibit 31B:Criminal Justice Information System Information (Blanco)

View on PACER

43 Exhibit 31C:Criminal Justice Information System Information (Cruz)

View on PACER

44 Exhibit 31D:Criminal Justice Information System Information (Flores)

View on PACER

45 Exhibit 31E:Criminal Justice Information System Information (Hill)

View on PACER

46 Exhibit 31F:Criminal Justice Information System Information (Willis)

View on PACER

47 Exhibit 31G:Criminal Justice Information System Information (Bernal)

View on PACER

48 Exhibit 32:SOP 19-005 Inmate Classifications

View on PACER

49 Errata 33:Intake and Release Bureau SOP CL 20-001 Classification Procedures 2-24

View on PACER

50 Exhibit 13: Product Information of Cleaning Supplies in inmate housing at MWDC

View on PACER

April 21, 2020

April 21, 2020

PACER
66

MOTION to Dismiss with Prejudice 1 Complaint,, for Failure to Exhaust Administrative Remedies by Daniel Junior, Miami-Dade County, Florida. Responses due by 5/5/2020 (Attachments: # 1 Exhibit DSOP 15-001, # 2 Exhibit Inmate Handbook, # 3 Exhibit Inmate Orientation Statements, # 4 Exhibit Declaration of Reynaldo Romero, # 5 Exhibit Declaration of Terrence Mathews)(Vosseler, Zachary) (Entered: 04/21/2020)

1 Exhibit DSOP 15-001

View on PACER

2 Exhibit Inmate Handbook

View on PACER

3 Exhibit Inmate Orientation Statements

View on PACER

4 Exhibit Declaration of Reynaldo Romero

View on PACER

5 Exhibit Declaration of Terrence Mathews

View on PACER

April 21, 2020

April 21, 2020

RECAP
67

RESPONSE in Opposition re 3 EMERGENCY MOTION with Certification of Emergency included filed by Daniel Junior, Miami-Dade County, Florida. Replies due by 4/28/2020. (Greenberg, Ezra) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER

SYSTEM ENTRY - Docket Entry 68 [misc] restricted/sealed until further notice. (1261384)

April 21, 2020

April 21, 2020

PACER
69

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 64 Order, JOINT NOTICE OF FILING UNSEALED INSPECTION REPORT (Rodriguez-Taseff, Lida) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
70

NOTICE by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis re 64 Order, JOINT NOTICE OF FILING UNSEALED INSPECTION REPORT (Attachments: # 1 Exhibit A, Written Portion of the Metro West Detention Center Inspection Report of Dr. Dushyantha Jayaweera and Dr. Hansel Tookes) (Rodriguez-Taseff, Lida) (Entered: 04/21/2020)

1 Exhibit A, Written Portion of the Metro West Detention Center Inspection Report

View on RECAP

April 21, 2020

April 21, 2020

PACER

SYSTEM ENTRY - Docket Entry 71 [misc] restricted/sealed until further notice. (1525957)

April 22, 2020

April 22, 2020

PACER
72

NOTICE of Compliance with Paragraph Eight of Court's Amended Scheduling Order by Daniel Junior, Miami-Dade County, Florida re 52 Order,, Terminate Motions,, Set/Reset Hearings, (Hochstadt, Jennifer) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
73

PAPERLESS ORDER. THIS MATTER is before the Court on the email communications with the Parties today, April 23, 2020. The Parties were asked if they preferred to conduct the hearing via videoconference or teleconference; if they intended to call witnesses; and if they had additional exhibits, other than those already submitted, to be introduced. The Parties were unable to agree on a format or answer these questions. Accordingly, the Court issues this Order. The preliminary injunction hearing set for April 27, 2020 at 1:00 PM will proceed as a telephonic hearing. The dial-in information remains the same. The Court notes that, although the hearing is proceeding telephonically rather than via video, the number of lawyers permitted to participate will nonetheless be limited to conduct the hearing in an orderly fashion. The Court further notes that it reserves the right to exclude any testimony or exhibit that has not been noticed or submitted to opposing counsel and the Court by 6:00 PM on April 24, 2020. Signed by Judge Kathleen M. Williams on 4/23/2020. (jws) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

- Order (PAPERLESS or pdf attached)

April 23, 2020

April 23, 2020

PACER
74

Exhibit and Witness List by Daniel Junior, Miami-Dade County, Florida.. (Attachments: # 1 Exhibit Motion for Release, # 2 Exhibit NYTimes Article)(Viciana, Ana) (Entered: 04/24/2020)

1 Exhibit Motion for Release

View on PACER

2 Exhibit NYTimes Article

View on PACER

April 24, 2020

April 24, 2020

PACER

Order on Motion to Seal

April 24, 2020

April 24, 2020

PACER
75

MOTION to Seal per Local Rule 5.4 by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. (Rodriguez-Taseff, Lida) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
76

Exhibit and Witness List for Hearing Scheduled for April 27, 2020 at 1:00 p.m. Submitted Pursuant to Paperless Order (ECF No. 73) by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis.. (Rodriguez-Taseff, Lida) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
77

PAPERLESS ORDER granting 75 Plaintiffs' Motion to Seal. Plaintiffs may file the requested declarations under seal, but must file redacted copies of the declarations to the docket contemporaneously with the sealed documents. These shall be filed no later than 12:00 PM tomorrow, April 25, 2020. The unredacted declarations shall remain sealed until further order of the Court. Signed by Judge Kathleen M. Williams on 4/24/2020. (jws) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
78

NOTICE by Daniel Junior, Miami-Dade County, Florida re 73 Order,,,, Notice of Plaintiffs' Noncompliance with Court Order (Vosseler, Zachary) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
79

MOTION to Seal Additional Composite Exhibit per Local Rule 5.4 by Peter Bernal, Alen Blanco, Bayardo Cruz, Ronniel Flores, Winfred Hill, Anthony Swain, Deondre Willis. (Rodriguez-Taseff, Lida) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 5, 2020

Closing Date: Sept. 29, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs are individuals detained in the Miami-Dade County jail. They include “all current and future persons detained at Metro West during the course of the COVID-19 pandemic” and a medically-vulnerable subclass as “all current and future persons held at Metro West over the age of fifty" or with "underlying medical condition that places them at particular risk of serious illness or death from COVID-19.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Advancement Project

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Miami-Dade County (Miami-Dade), County

Director of the Miami-Dade Corrections and Rehabilitation Department (Miami-Dade), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Preliminary injunction / Temp. restraining order

Source of Relief:

None

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Medical care, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run