Case: Cameron v. Bouchard

2:20-cv-10949 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 17, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas action brought on behalf of classes of pre-trial and post-trial detainees at the Oakland County Jail, seeking release in light of the COVID-19 pandemic. The plaintiffs also sought an injunction that would require the defendants to take concrete steps towards protecting those in the jail from COVID-19. On May 21, the judge conditionally certified the class and granted the preliminary injunction, requiring the jail to take certain safety and hygiene measures. Th…

COVID-19 Summary: This is a habeas action brought on behalf of classes of pre-trial and post-trial detainees at the Oakland County Jail, seeking release in light of the COVID-19 pandemic. The plaintiffs also sought an injunction that would require the defendants to take concrete steps towards protecting those in the jail from COVID-19. On May 21, the judge conditionally certified the class and granted the preliminary injunction, requiring the jail to take certain safety and hygiene measures. This was reversed by the Sixth Circuit on July 9. The district court denied defendants' subsequent motion to dismiss the case. In the spring of 2021, the parties reached a settlement agreement, which was approved by the court on July 22, 2021.


On April 17, 2020, classes of pre-trial and post-trial detainees filed this lawsuit against the sheriff of Oakland County and the Commander of Corrective Services of Oakland County. Represented by private counsel, the ACLU of Michigan, the Advancement Project, and the Civil Rights Corps, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241 and declaratory and injunctive relief under 42 U.S.C. § 1983. Specifically, they alleged that defendants were violating their Eighth Amendment and Fourteenth Amendment rights by continuing to confine them in the Oakland County Jail, exposing them to COVID-19.

Immediately, the plaintiffs filed an emergency motion for a Temporary Restraining Order and a motion to certify the class. The plaintiffs defined the class as all detainees of the Oakland County Jail during the COVID-19 pandemic, which was broken into three subclasses: (1) pre-trial subclass: detainees who had not been convicted, (2) post-conviction subclass: sentenced detainees, and (3) medically-vulnerable subclass: detainees over the age of fifty who also have underlying medical conditions that placed them at a particular risk of serious illness or death from COVID-19. The motion for a Temporary Restraining Order requested the release of the members of the medically-vulnerable subclass and asked for certain measures to improve the hygiene and safety at the jail.

That same day, Judge Linda V. Parker, who had been assigned to the case, entered an order granting the plaintiffs' motion for a Temporary Restraining Order only as to the request to improve hygiene and safety. 2020 WL 1929876. The order required:

  • provision, at no cost, of hand soap, paper towels, and disinfectant wipes or products;
  • access to hand sanitizer;
  • access to showers and clean laundry at a minimum weekly basis;
  • jail staff wear personal protective equipment when interacting with detainees or touching surfaces in cells or common areas;
  • establish a protocol to self-report COVID-19 symptoms;
  • conduct immediate testing for those displaying symptoms;
  • provide adequate spacing of six feet for social distancing;
  • ensure adequate medical care for individuals with symptoms or exposure to COVID-19 and quarantine those individuals in a non-punitive setting;
  • respond to COVID-19 related emergencies within an hour;
  • waive charges for medical grievances;
  • train all staff on COVID-19 detection and prevention;
  • cease and desist from punitive transfers or threats of transfers to areas of the jail with higher infection rates, and all other retaliation against concerns raised about the health and safety conditions in the jail.
The defendants filed a motion to dismiss on April 23, arguing that the plaintiffs had failed to exhaust available state remedies, that the PLRA precluded the release of inmates from the jail, and that the plaintiffs could not establish an underlying constitutional violation. The defendants also argued that the claims against Bouchard and Childs, in their official capacity, were redundant because the complaint made the same substantive claims against the county, and should be dismissed.

On May 1, Judge Parker extended the temporary restraining order for an additional fourteen days.

On May 21, Judge Parker entered an order granting the plaintiffs' motion for class certification, conditionally certifying the class as well as the three subclasses. 2020 WL 2569868. The order denied the defendants' motion to dismiss in all respects except that the Bouchard and Childs were dismissed as parties, and granted the plaintiffs' motion for a preliminary injunction. The preliminary injunction required the defendants to provide access to cleaning products and access to masks, to establish better cleaning and sanitization protocols, to produce a plan for continued testing of all inmates for COVID-19, to allow for social distancing and proper quarantine measures for those with the virus, establish a policy suspending the use of multi-person cells wherever possible, and to provide a list of members in the medically-vulnerable subclass so that the court could implement a system for considering release.

The defendants appealed to Sixth Circuit and filed an emergency motion to stay on May 21. Simultaneously, the plaintiffs filed a motion for partial reconsideration, regarding the dismissal of Sheriff Bouchard. The court granted the motion for reconsideration, reinstating defendant Bouchard, on May 22. 2020 WL 2615740.

The district court began orchestrating the process for granting bail for members of the medically vulnerable subclass. In response, the defendants filed a renewed motion to stay, in light of the Sixth Circuit's decision to vacate a similar preliminary injunction in Wilson v. Williams.

On June 4, Judge Parker denied the defendants motion to stay the case pending appeal. 2020 WL 2988921. But on June 11, the Sixth Circuit granted the renewed emergency motion to stay pending resolution of the appeal. 2020 WL 3100187. The change, the court explained, was because of the intervening precedent in Wilson v. Williams, 2020 WL 3056217 (6th Cir. 2020).

On July 9, the Sixth Circuit vacated the May 21 preliminary injunction, finding that the plaintiffs' evidence was insufficient to prove "reckless disregard to the serious risk COVID-19 poses;" a showing which would be required for a preliminary injunction. 815 Fed. Appx. 978.

On August 19, the defendants filed a motion to dismiss the case, arguing that the plaintiffs' claims were moot and lacked standing, and that the court lacked jurisdiction.

On December 3, the plaintiffs moved to enforce the stipulated agreement. Following a hearing on December 14, 2020, the court issued an opinion and order denying the defendants' motion to vacate and motion to dismiss. The court stated that the Sixth Circuit's vacatur of the preliminary injunction did not preclude a permanent injunction and thus did not require vacatur of the orders and that the court retained jurisdiction during the pendency of the litigation. 2020 WL 7353472.

During the spring of 2021, the parties reached a settlement agreement, which included the following provisions:

1. Defendants agree to provide cleaning and hygiene supplies and necessary facilities to all detainees. They also agree to provide "clean and usable masks" and replace them upon detainees' "reasonable" requests.

2. Defendants shall ensure that all jail staff receives training on COVID-19, wear personal protective gear, including masks, and take proper precautions in terms of sanitation.

3. Defendants shall establish a protocol through which an incarcerated person may self report symptoms of COVID-19 infection and to evaluate those symptoms. Any detainee who is displaying symptoms will be tested within 12 hours, and if they test positive any detainees who were in contact with that individual will be tested within 12 hours. Defendants agree to provide proper medical care to those who test positive.

4. Defendants also agree to respond in a timely manner to COVID reports and defer certain medical payments for the duration of the pandemic.

5. Defendants shall provide adequate spacing between detainees to the maximum extent possible, with an ideal of 6 ft. separation.

6. Defendants shall refrain from the use of punitive transfers or threats of transfers to areas of the Jail that have higher infection rates and shall refrain from any retaliation against class members.

7. Defendants will offer COVID vaccines to all detainees and new arrivals and all parties will cooperate to develop a program to encourage detainees to accept vaccines.

8. Defendants will continue to provide plaintiffs' counsel with updates and reports.

9. All parties stipulate that the U.S. District Court shall retain jurisdiction over all disputes arising out of this agreement and enforce this agreement until either October 31, 2021, or when the Centers for Disease Control has declared that the COVID-19 pandemic has terminated and that heightened precautions are no longer necessary.

On May 27, 2021, the court granted an unopposed motion to certify a class, approve a preliminary class settlement and schedule a fairness hearing which was set for July 7, 2021, before Judge Linda V. Parker. Two objections to the class action settlement were filed but were overruled in the final approval of the class action settlement.

The class was defined as “all current and future Jail detainees during the course

of the COVID-19 pandemic.” The pre-trial subclass is defined as all members of

the class “who have not yet been convicted of the offense for which they are currently held in the Jail.” The post-conviction subclass is defined as class

members “who have been sentenced to serve time in the jail or who are otherwise

in the jail as the result of an offense for which they have already been convicted.”

The medically vulnerable subclass is defined as members of the class who “are

over the age of sixty (60)" or who, regardless of age, experience any of a variety of underlying medical conditions that can make patients more vulnerable to COVID-19.

At the July 7 fairness hearing, plaintiffs orally moved for final approval of the settlement and the court granted the motion, which was issued on July 22, 2021. Final judgment was entered on July 27, 2021.

Summary Authors

Caitlin Kierum (10/26/2020)

Zofia Peach (2/7/2021)

Tessa McEvoy (9/22/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17077363/parties/cameron-v-bouchard/


Judge(s)

Bush, John Kenneth (Kentucky)

Cole, Ransey Guy Jr. (Ohio)

Guy, Ralph B. Jr. (Michigan)

Hluchaniuk, Michael J. (Michigan)

Larsen, Joan Louise (Michigan)

Morris, Patricia T (Michigan)

Parker, Linda Vivienne (Michigan)

Attorneys(s) for Plaintiff

Banks, Marques (District of Columbia)

Bennett, Jennifer (California)

Carlson, Kevin M. (Michigan)

Judge(s)

Bush, John Kenneth (Kentucky)

Cole, Ransey Guy Jr. (Ohio)

Guy, Ralph B. Jr. (Michigan)

Hluchaniuk, Michael J. (Michigan)

Larsen, Joan Louise (Michigan)

Morris, Patricia T (Michigan)

Parker, Linda Vivienne (Michigan)

Attorneys(s) for Plaintiff

Banks, Marques (District of Columbia)

Bennett, Jennifer (California)

Carlson, Kevin M. (Michigan)

Davidson, Syeda F (Michigan)

Gupta, Deepak (District of Columbia)

Harvey, Thomas B (District of Columbia)

Korobkin, Daniel S. (Michigan)

Kriger, Allison (Michigan)

Mayor, Philip Edwin (Michigan)

McGehee, Cary S. (Michigan)

Nicholson, Abbott (Michigan)

Santhanam, Krithika (District of Columbia)

Twinem, Alexandria (District of Columbia)

Wessler, Nathan Freed (New York)

Attorneys(s) for Defendant

Baiardi, Kristen Lara (Michigan)

Clark, Robert C. (Michigan)

Cook, Steven H. (Tennessee)

DeAgostino, Thomas M. (Michigan)

Goetz, Andrew (Michigan)

Menna, Peter L. (Michigan)

Nickelhoff, Andrew A. (Michigan)

Potter, Steven M. (Michigan)

Expert/Monitor/Master

Beetem, Jon E (Missouri)

Chiao, Elizabeth (Texas)

Franco-Paredes, Carlos (Colorado)

Golob, Jonathan Louis (Michigan)

Greifinger, Robert B. (New York)

Lauring, Adam M.D., Ph.D. (Michigan)

Meyer, Jaimie (Connecticut)

Mishori, Ranit (District of Columbia)

Stern, Marc F. (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 30, 2021 Docket
1-7 to 1-16

Exhibits 6 to 15 of Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief

April 17, 2020 Complaint
6 (& 6-1 to 6-5)

Plaintiffs' Motion for Class Certification and Brief in Support

April 17, 2020 Pleading / Motion / Brief
12

Opinion and Order

2020 WL 1929876

April 17, 2020 Order/Opinion
21

Amended Opinion and Order

2020 WL 1929876

April 17, 2020 Order/Opinion
5 (& 5-1 to 5-11)

Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction

April 17, 2020 Pleading / Motion / Brief
1 (& 1-1 to 1-6)

Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief (with Exhibits 1-5)

April 17, 2020 Complaint
17 (& 17-1 to 17-13)

Defendants' Motion for Reconsideration

April 20, 2020 Pleading / Motion / Brief
27

Inspection Order

April 22, 2020 Order/Opinion
30

Defendants' Motion to Dismiss Petition for Habeas Corpus, Claims Against Bouchard and Childs (in Lieu of Answer to Complaint) and Response to Motion for Temporary Restraining Order

April 23, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Oakland County, Michigan: COVID-19 & Jails

Civil Rights Corps

People detained in the Oakland County Jail, near Detroit, lack consistent access to soap, sanitizer, and are unable to practice social distancing. <br /> <br />Along with partners at the ACLU of Mic… April 17, 2020 http://www.civilrightscorps.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17077363/cameron-v-bouchard/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

PETITION for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief filed by All Plaintiffs against All Defendants, Receipt No: AMIEDC-7746760 - Fee: $ 5. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15) (McGehee, Cary)[WRONG EVENT USED - DOCUMENT IS A CLASS ACTION COMPLAINT] Modified on 4/17/2020 (NAhm). (Entered: 04/17/2020)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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April 17, 2020 RECAP
2

NOTICE of Appearance by Daniel S. Korobkin on behalf of All Plaintiffs. (Korobkin, Daniel) (Entered: 04/17/2020)

April 17, 2020 PACER
3

Notice of Filing Fee Not Paid.[FILING FEE FOR A PRISONER CIVIL RIGHTS CASE IS NOT $5. VISIT OUR WEBSITE FOR CORRECT AMOUNT] Correction due by 4/24/2020 (NAhm) (Entered: 04/17/2020)

April 17, 2020 PACER
4

NOTICE of Appearance by Philip Edwin Mayor on behalf of All Plaintiffs. (Mayor, Philip) (Entered: 04/17/2020)

April 17, 2020 PACER
5

Emergency MOTION for Temporary Restraining Order, Emergency MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (McGehee, Cary) (Entered: 04/17/2020)

1 Index of Exhibits

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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April 17, 2020 RECAP
6

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (McGehee, Cary) (Entered: 04/17/2020)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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April 17, 2020 RECAP

Filing Fee for Civil Case Received by All Plaintiffs. Receipt No: AMIEDC-7747279 - Fee: 400 re 1 Petition for Writ of Habeas Corpus,,. (McGehee, Cary)

April 17, 2020 PACER
7

NOTICE of Appearance by Steven M. Potter on behalf of Michael Bouchard, Curtis D. Childs, Oakland County, Michigan. (Potter, Steven) (Entered: 04/17/2020)

April 17, 2020 PACER
8

NOTICE of Appearance by Robert C. Clark on behalf of Michael Bouchard, Curtis D. Childs, Oakland County, Michigan. (Clark, Robert) (Entered: 04/17/2020)

April 17, 2020 PACER
9

NOTICE of Appearance by Thomas M. DeAgostino on behalf of Michael Bouchard, Curtis D. Childs, Oakland County, Michigan. (DeAgostino, Thomas) (Entered: 04/17/2020)

April 17, 2020 PACER
10

NOTICE of Appearance by Kevin M. Carlson on behalf of All Plaintiffs. (Carlson, Kevin) (Entered: 04/17/2020)

April 17, 2020 PACER
11

Emergency MOTION to Expedite Consideration of Plaintiff's Motion for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Exhibit 1 - Swain Order, # 2 Exhibit 2 - Mays Order, # 3 Exhibit 3 - Proposed Order) (Carlson, Kevin) (Entered: 04/17/2020)

1 Exhibit 1 - Swain Order

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2 Exhibit 2 - Mays Order

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3 Exhibit 3 - Proposed Order

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April 17, 2020 PACER
12

OPINION and ORDER. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/17/2020)

April 17, 2020 PACER
13

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/20/2020 at 11:00 AM before District Judge Linda V. Parker (RLou) (Entered: 04/17/2020)

April 17, 2020 RECAP
14

NOTICE OF HEARING BY TELEPHONE on 5 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction . Motion Hearing set for 4/24/2020 at 11:00 AM before District Judge Linda V. Parker. (RLou) (Entered: 04/17/2020)

April 17, 2020 PACER
21

AMENDED OPINION and ORDER. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/21/2020)

April 17, 2020 RECAP
15

NOTICE of Appearance by Peter L. Menna on behalf of All Defendants. (Menna, Peter) (Entered: 04/18/2020)

April 18, 2020 PACER
16

Ex Parte MOTION for Leave to File Excess Pages For Motion for Reconsideration by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan. (Potter, Steven) (Entered: 04/20/2020)

April 20, 2020 PACER
17

MOTION for Reconsideration re 12 Order on Motion to Expedite by All Defendants. (Attachments: # 1 Exhibit A - News Article, # 2 Exhibit B- Childs Affidavit, # 3 Exhibit C - OCJ Posting, # 4 Exhibit D - Incident Report, # 5 Exhibit E- Summary of Criminal Histories, # 6 Exhibit F - Warren Affidavit, # 7 Exhibit G - DMQ Product Info, # 8 Exhibit H - OCJ Letter to Inmates, # 9 Exhibit I - OCJ Daily Population Report, # 10 Exhibit J - Dunbar v Rosen, # 11 Exhibit K - Oakland County Circuit Court Administrative Notice, # 12 Exhibit L - Michigan Supreme Court Administrative Order, # 13 Exhibit M - Terry Affidavit) (Potter, Steven) (Entered: 04/20/2020)

1 Exhibit A - News Article

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2 Exhibit B- Childs Affidavit

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3 Exhibit C - OCJ Posting

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4 Exhibit D - Incident Report

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5 Exhibit E- Summary of Criminal Histories

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6 Exhibit F - Warren Affidavit

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7 Exhibit G - DMQ Product Info

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8 Exhibit H - OCJ Letter to Inmates

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9 Exhibit I - OCJ Daily Population Report

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10 Exhibit J - Dunbar v Rosen

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11 Exhibit K - Oakland County Circuit Court Administrative Notice

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12 Exhibit L - Michigan Supreme Court Administrative Order

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13 Exhibit M - Terry Affidavit

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April 20, 2020 RECAP
18

NOTICE of Appearance by Allison L. Kriger on behalf of All Plaintiffs. (Kriger, Allison) (Entered: 04/20/2020)

April 20, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 4/20/2020. Disposition: The Court will hold an additional Status Conference at 4:00 PM. (Court Reporter: Linda Cavanagh) (RLou)

April 20, 2020 PACER
19

NOTICE of Appearance by Alexandria Twinem on behalf of All Plaintiffs. (Twinem, Alexandria) (Entered: 04/20/2020)

April 20, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 4/20/2020. Disposition: The Court will hold an additional Status Conference tomorrow at 11:00 AM. (Court Reporter: Leann Lizza) (RLou)

April 20, 2020 PACER
20

NOTICE of Appearance by Krithika Santhanam on behalf of All Plaintiffs. (Santhanam, Krithika) (Entered: 04/20/2020)

April 20, 2020 PACER
22

ORDER (1) Setting Briefing Schedule; (2) Waiving Rule 5 of the Electronic Filing Policies and Procedures of the Eastern District of Michigan; and (3) Cancelling April 24, 2020 Hearing. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/21/2020)

April 21, 2020 PACER

Text-Only Notice of Hearing Cancelled

April 21, 2020 PACER

Order on Motion for Leave to File Excess Pages

April 21, 2020 PACER

TEXT-ONLY NOTICE: Motion Hearing on 4/24/2020 is Cancelled. (RLou)

April 21, 2020 PACER
23

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/21/2020 at 11:00 AM before District Judge Linda V. Parker (RLou) (Entered: 04/21/2020)

April 21, 2020 PACER

TEXT-ONLY ORDER Granting 16 Motion for Leave to File Excess Pages. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

April 21, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 4/21/2020. Disposition: The Court will hold an additional Status Conference tomorrow at 8:30 AM. (Court Reporter: Andrea Wabeke) (RLou)

April 21, 2020 PACER
24

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/22/2020 at 8:30 AM before District Judge Linda V. Parker (RLou) (Entered: 04/21/2020)

April 21, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 4/22/2020. (Court Reporter: Andrea Wabeke) (RLou)

April 22, 2020 PACER
25

NOTICE TO APPEAR BY TELEPHONE (1 of 2): Status Conference set for 4/23/2020 at 1:00 PM before District Judge Linda V. Parker (RLou) (Entered: 04/22/2020)

April 22, 2020 PACER
26

NOTICE TO APPEAR BY TELEPHONE (2 of 2): Status Conference set for 4/23/2020 at 2:00 PM before District Judge Linda V. Parker (RLou) (Entered: 04/22/2020)

April 22, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 4/22/2020. (Court Reporter: None Present, Not on the Record) (RLou)

April 22, 2020 PACER
27

INSPECTION ORDER. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/22/2020)

April 22, 2020 RECAP

TEXT-ONLY NOTICE: Telephonic Status Conference on 4/23/2020 at 2:00 PM *ONLY* is Cancelled. (RLou)

April 22, 2020 PACER
28

STIPULATION Regarding Temporary Restraining Order by All Plaintiffs (Carlson, Kevin) (Entered: 04/22/2020)

April 22, 2020 RECAP

Text-Only Notice of Hearing Cancelled

April 23, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 4/23/2020. (Court Reporter: Andrea Wabeke) (RLou)

April 23, 2020 PACER
29

OPINION and ORDER Granting In Part and Denying In Part Defendants' 17 Motion for Reconsideration. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/23/2020)

April 23, 2020 RECAP
30

MOTION to Dismiss Petition for Habeas Corpus, Claims Against Bouchard and Childs and Response to Motion for TRO by All Defendants. (Attachments: # 1 Exhibit A - Correspondence to Courts; Spreadsheet, # 2 Exhibit B - Affidavit of Capt. Curtis Childs, # 3 Exhibit C - Signs, # 4 Exhibit D - Incident Report, # 5 Exhibit E - Summary of Criminal Histories, # 6 Exhibit F - Affidavit of Vicki-Lyn Warren, # 7 Exhibit G- DMQ Product Information, # 8 Exhibit H - Letter to Inmates, # 9 Exhibit I - April 17 Daily Inmate Report, # 10 Exhibit J - Dunbar v Rozen, # 11 Exhibit K - Oakland County Circuit Court Notice, # 12 Exhibit L - Michigan Supreme Court Administrative Notice, # 13 Exhibit M - Affidavit of Sgt. Ryan Terry, # 14 Exhibit N - Excerpt of CDC Recommendations, # 15 Exhibit O - March 17 Daily Inmate Report, # 16 Exhibit P - Money v Pritzker, # 17 Exhibit Q - Chambers v Bouchard, # 18 Exhibit R - Coleman v Newsom, # 19 Exhibit S - Signs) (Potter, Steven) (Entered: 04/23/2020)

1 Exhibit A - Correspondence to Courts; Spreadsheet

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2 Exhibit B - Affidavit of Capt. Curtis Childs

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3 Exhibit C - Signs

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4 Exhibit D - Incident Report

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5 Exhibit E - Summary of Criminal Histories

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6 Exhibit F - Affidavit of Vicki-Lyn Warren

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7 Exhibit G- DMQ Product Information

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8 Exhibit H - Letter to Inmates

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9 Exhibit I - April 17 Daily Inmate Report

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10 Exhibit J - Dunbar v Rozen

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11 Exhibit K - Oakland County Circuit Court Notice

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12 Exhibit L - Michigan Supreme Court Administrative Notice

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13 Exhibit M - Affidavit of Sgt. Ryan Terry

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14 Exhibit N - Excerpt of CDC Recommendations

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15 Exhibit O - March 17 Daily Inmate Report

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16 Exhibit P - Money v Pritzker

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17 Exhibit Q - Chambers v Bouchard

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18 Exhibit R - Coleman v Newsom

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19 Exhibit S - Signs

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April 23, 2020 RECAP
31

MOTION to Enforce Stipulation by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Michael Cameron, # 3 Exhibit B - Declaration of Denisha Brinker, # 4 Exhibit C - Declaration Malachi Chambers) (McGehee, Cary) (Entered: 04/27/2020)

1 Index of Exhibits

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2 Exhibit A - Declaration of Michael Cameron

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3 Exhibit B - Declaration of Denisha Brinker

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4 Exhibit C - Declaration Malachi Chambers

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April 27, 2020 PACER
32

RESPONSE to 31 MOTION to Enforce Stipulation filed by All Defendants. (Attachments: # 1 Exhibit A - Cameron Housing Assignment, # 2 Exhibit B - Affidavit of Sgt. Ryan Terry, # 3 Exhibit C - Affidavit of Capt. Curtis Childs) (Potter, Steven) (Entered: 04/27/2020)

1 Exhibit A - Cameron Housing Assignment

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2 Exhibit B - Affidavit of Sgt. Ryan Terry

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3 Exhibit C - Affidavit of Capt. Curtis Childs

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April 27, 2020 RECAP
33

RESPONSE to 30 MOTION to Dismiss Petition for Habeas Corpus, Claims Against Bouchard and Childs and Response to Motion for TRO filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Calderon Order and Fraihat Docket Entry, # 3 Exhibit Savino Order, # 4 Exhibit Cameron v. Bouchard Status Conference Transcript, # 5 Exhibit Centers for Disease Control COVID-19 Guidance) (McGehee, Cary) (Entered: 04/27/2020)

1 Index of Exhibits

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2 Exhibit Calderon Order and Fraihat Docket Entry

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3 Exhibit Savino Order

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4 Exhibit Cameron v. Bouchard Status Conference Transcript

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5 Exhibit Centers for Disease Control COVID-19 Guidance

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April 27, 2020 RECAP
34

SEALED Declaration of Dr. Carlos Franco-Paredes Oakland County Jail by All Plaintiffs. (McGehee, Cary) (Entered: 04/27/2020)

April 27, 2020 PACER
35

MOTION for Leave to File Brief Amici Curiae by Amici Curiae. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. Brief Amici Curiae) (Nickelhoff, Andrew) (Entered: 04/27/2020)

1 Index of Exhibits

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2 Exhibit A. Brief Amici Curiae

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April 27, 2020 PACER

Order on Motion for Leave to File

April 28, 2020 PACER

TEXT-ONLY ORDER Granting 35 Motion for Leave to File. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

April 28, 2020 PACER
36

[STRICKEN] Ex Parte MOTION for Leave to File Supplemental Brief in support of Motion to Dismiss by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan. (Potter, Steven) Modified on 4/29/2020 (RLou). (Entered: 04/29/2020)

April 29, 2020 PACER
37

[STRICKEN] SUPPLEMENTAL BRIEF re 30 MOTION to Dismiss Petition for Habeas Corpus, Claims Against Bouchard and Childs and Response to Motion for TRO filed by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan. (Attachments: # 1 Exhibit A -Webb Emergency Motion, # 2 Exhibit B - Webb Opinion and Order, # 3 Exhibit C -Doyle Motion to Amend Sentence, # 4 Exhibit D - People's Response to Motion to Amend Sentence (Doyle), # 5 Exhibit E - Order Amending Sentence (Doyle), # 6 Exhibit F - Maass Emergency Motion for Amendment of Bond, # 7 Exhibit G - Order Re: Defendant's Motion to Reduce Bond (Maass), # 8 Exhibit H - Order Re: Conversion of Bond (Smith), # 9 Exhibit I - People's Response to OCJ Request (Doyle)) (Potter, Steven) Modified on 4/29/2020 (RLou). (Entered: 04/29/2020)

April 29, 2020 PACER
38

ORDER Striking 36 Ex Parte MOTION for Leave to File Supplemental Brief, 37 Supplemental Brief. Signed by District Judge Linda V. Parker. (RLou) (Entered: 04/29/2020)

April 29, 2020 PACER
39

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/29/2020 at 3:00 PM before District Judge Linda V. Parker (RLou) (Entered: 04/29/2020)

April 29, 2020 PACER
40

TRANSCRIPT of Telephonic Status Conference held on 4/23/2020. (Court Reporter/Transcriber: Andrea Wabeke) (Number of Pages: 24) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/20/2020. Redacted Transcript Deadline set for 6/1/2020. Release of Transcript Restriction set for 7/28/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Wabeke, A) (Entered: 04/29/2020)

April 29, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 4/29/2020. (Court Reporter: None Present, Not on the Record) (RLou)

April 29, 2020 PACER
41

NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 4/30/2020 at 12:30 PM before District Judge Linda V. Parker (RLou) (Entered: 04/30/2020)

April 30, 2020 PACER
42

DECLARATION by Dr. Carlos Franco-Paredes filed by All Plaintiffs (McGehee, Cary) (Entered: 04/30/2020)

April 30, 2020 RECAP

Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 4/30/2020. (Court Reporter: None Present, Not on the Record) (RLou)

April 30, 2020 PACER
43

NOTICE OF HEARING BY VIDEO on 6 MOTION to Certify Class, 5 Emergency MOTION Preliminary Injunction, 30 MOTION to Dismiss Petition for Habeas Corpus, Claims Against Bouchard and Childs, 31 MOTION to Enforce Stipulation. Motion Hearing set for 5/4/2020 at 2:00 PM before District Judge Linda V. Parker. (RLou) (Entered: 05/01/2020)

May 1, 2020 PACER
44

NOTICE Concerning Zoom Virtual Court Proceeding. (RLou) (Entered: 05/01/2020)

May 1, 2020 PACER
45

ORDER Extending Temporary Restraining Order. Signed by District Judge Linda V. Parker. (RLou) (Entered: 05/01/2020)

May 1, 2020 RECAP
46

DECLARATION by Declaration of Antione Hutson filed by All Plaintiffs (McGehee, Cary) (Entered: 05/04/2020)

May 4, 2020 RECAP
47

DECLARATION by Dean Sullivan filed by All Plaintiffs (McGehee, Cary) (Entered: 05/04/2020)

May 4, 2020 RECAP
48

DECLARATION by Donald Wallace Chandler filed by All Plaintiffs (McGehee, Cary) (Entered: 05/04/2020)

May 4, 2020 RECAP
49

DECLARATION by Elizah Sheppard filed by All Plaintiffs (McGehee, Cary) (Entered: 05/04/2020)

May 4, 2020 RECAP
50

DECLARATION by Jacqueline Williams filed by All Plaintiffs (McGehee, Cary) (Entered: 05/04/2020)

May 4, 2020 RECAP
51

DECLARATION by Karla Lewis filed by All Plaintiffs (McGehee, Cary) (Entered: 05/04/2020)

May 4, 2020 RECAP
52

AMENDED NOTICE OF HEARING BY VIDEO on 6 MOTION to Certify Class, 5 Emergency MOTION for Preliminary Injunction, 30 MOTION to Dismiss, 31 MOTION to Enforce Stipulation. Motion Hearing RESET for 5/4/2020 at 2:30 PM before District Judge Linda V. Parker ***TIME CHANGE ONLY*** (RLou) (Entered: 05/04/2020)

May 4, 2020 PACER
53

ATTORNEY APPEARANCE: Thomas Bradford Harvey appearing on behalf of All Plaintiffs (Harvey, Thomas) (Entered: 05/04/2020)

May 4, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Motion Hearing by Video held on 5/4/2020 re 31 MOTION to Enforce Stipulation, 30 MOTION to Dismiss, 5 Emergency MOTION for Preliminary Injunction, 6 MOTION to Certify Class. (Motion Hearing Continued Until 5/6/2020 at 11:30 AM before District Judge Linda V. Parker) (Court Reporter: Andrea Wabeke) (RLou)

May 4, 2020 PACER
54

Letter from Deputy Gary McClure. (RLou) (Entered: 05/06/2020)

May 6, 2020 PACER
55

DECLARATION by Michael White filed by All Plaintiffs (McGehee, Cary) (Entered: 05/06/2020)

May 6, 2020 RECAP

Minute Entry for proceedings before District Judge Linda V. Parker: Motion Hearing held on 5/6/2020 re 31 MOTION to Enforce Stipulation, 30 MOTION to Dismiss, 6 MOTION to Certify Class 5 Emergency MOTION for Preliminary Injunction (Motion Hearing set for 5/7/2020 at 11:00 AM before District Judge Linda V. Parker). (Court Reporter: Andrea Wabeke) (RLou)

May 6, 2020 PACER
56

TRANSCRIPT of Preliminary Injunction Hearing-Volume 1 held on 5/4/2020. (Court Reporter/Transcriber: Andrea Wabeke) (Number of Pages: 137) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/28/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/5/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Wabeke, A) (Entered: 05/07/2020)

May 7, 2020 PACER

Minute Entry for proceedings before District Judge Linda V. Parker: Motion Hearing held on 5/7/2020 re 31 MOTION to Enforce Stipulation, 30 MOTION to Dismiss, 6 MOTION to Certify Class 5 Emergency MOTION for Preliminary Injunction. Disposition: The Parties shall try to work out a resolution on the 31 Motion to Enforce the Stipulation. The Parties shall submit a list of exhibits that were used during the hearings, by 10:00 AM on 5/8/2020. The Parties are allowed to file a Summary Brief or Finding of Fact, that is no more than 5 pages, by 5:00 PM on 5/12/2020. The Response to the 6 Motion to Certify the Class, shall be filed by 5/13/2020. (Court Reporter: Andrea Wabeke & Rene Twedt) (RLou)

May 7, 2020 PACER
57

Exhibit List by All Defendants. (Potter, Steven) (Entered: 05/08/2020)

May 8, 2020 RECAP
58

Exhibit List by All Plaintiffs. (McGehee, Cary) (Entered: 05/08/2020)

May 8, 2020 PACER
59

Exhibit List by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan. (Potter, Steven) (Entered: 05/09/2020)

May 9, 2020 RECAP
60

TRANSCRIPT of Preliminary Injunction Hearing-Volume 2 held on 5/6/2020. (Court Reporter: Andrea Wabeke) (Number of Pages: 260) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/9/2020. Release of Transcript Restriction set for 8/7/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter at 248.867.2842 before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Wabeke, A) (Entered: 05/09/2020)

May 9, 2020 PACER
61

TRANSCRIPT of Preliminary Injunction Hearing-Volume 3A held on 5/7/2020. (Court Reporter: Andrea Wabeke) (Number of Pages: 111) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/10/2020. Release of Transcript Restriction set for 8/10/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter at 248.867.2842 before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Wabeke, A) (Entered: 05/10/2020)

May 10, 2020 PACER
62

TRANSCRIPT of Preliminary Injunction Hearing - Volume 3B held on 05/07/2020. (Court Reporter/Transcriber: Rene L Twedt) (Number of Pages: 111) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/1/2020. Redacted Transcript Deadline set for 6/10/2020. Release of Transcript Restriction set for 8/10/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Twedt, R) (Entered: 05/10/2020)

May 10, 2020 PACER

Text-Only Order

May 11, 2020 PACER

TEXT-ONLY ORDER - The Parties are allowed to file a Summary Brief or Finding of Fact, that is no more than 5 pages, by 5:00 PM on 5/13/2020. The Response to the 6 Motion to Certify the Class, shall be filed by 5/13/2020. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou)

May 11, 2020 PACER
63

MOTION to Unseal DEPUTY GARY MCCLURES LETTER by All Plaintiffs. (McGehee, Cary) (Entered: 05/11/2020)

May 11, 2020 RECAP
64

MOTION to Supplement the Record by All Plaintiffs. (Attachments: # 1 Declaration of Richard Watkins) (McGehee, Cary) (Entered: 05/11/2020)

1 Declaration of Richard Watkins

View on RECAP

May 11, 2020 PACER
65

Redacted Version of 60 TRANSCRIPT of Preliminary Injunction Hearing-Volume 2 held on 5/6/2020. Release of Transcript Restriction set for 8/7/2020. (Wabeke, A) (Entered: 05/11/2020)

May 11, 2020 PACER
66

EXHIBIT Defs' Ex A to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 PACER

Order on Motion - Free

May 12, 2020 PACER
67

EXHIBIT Defs' Ex B to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 RECAP
68

EXHIBIT Defs' Ex C to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 RECAP
69

EXHIBIT Defs' Ex D to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 PACER
70

EXHIBIT Defs' Ex E to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 PACER
71

EXHIBIT Defs' Ex F to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 PACER
72

EXHIBIT Defs' Ex G to PI Hearing by Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 RECAP
73

EXHIBIT Defs' Ex H to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 RECAP
74

EXHIBIT Defs' Ex I to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 PACER
75

EXHIBIT Defs' Ex K to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 RECAP
76

EXHIBIT Defs' Ex M to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 PACER
77

EXHIBIT Defs' Ex N to PI Hearing by Michael Bouchard, Curtis D. Childs, Oakland County, Michigan (Potter, Steven) (Entered: 05/12/2020)

May 12, 2020 PACER

State / Territory: Michigan

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 17, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Detainees in the Oakland County Jail, on behalf of pre-trial and post-trial detainees at the jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Michigan

Advancement Project

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Oakland County (Oakland), County

Defendant Type(s):

Corrections

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

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Order Duration: 2020 - None

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

COVID-19:

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

PPE-ordered worn by staff

Quarantine/isolation ordered

Release Denied

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Transfer-ordered or process created/modified

Wellness/temperature checks ordered

Type of Facility:

Government-run