Case: Seth v. McDonough

8:20-cv-01028 | U.S. District Court for the District of Maryland

Filed Date: April 21, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This class action challenged COVID-related conditions at the Prince Georges County jail and sought mitigation and release for pretrial and post-conviction detainees. On May 21, the court granted in part the plaintiff's motion for temporary restraining order. Defendants appealed and were denied a stay pending their appeal. On July 7, the plaintiffs submitted an amended complaint, pointing to the lack of mental health services during an indefinite lockdown. On August 27, the par…

COVID-19 Summary: This class action challenged COVID-related conditions at the Prince Georges County jail and sought mitigation and release for pretrial and post-conviction detainees. On May 21, the court granted in part the plaintiff's motion for temporary restraining order. Defendants appealed and were denied a stay pending their appeal. On July 7, the plaintiffs submitted an amended complaint, pointing to the lack of mental health services during an indefinite lockdown. On August 27, the parties filed a joint motion to stay proceedings pending settlement talks and in Summer 2021, the parties entered into a private settlement agreement.


On April 21, 2020, pretrial and post-conviction detainees at Prince George’s County Jail, many of whom have pre-existing medical conditions, some of whom were exhibiting COVID-19 symptoms, and all of whom were scared of contracting the virus, filed this lawsuit in the U.S. District Court for the District of Maryland. The plaintiffs sued the Director of the Prince George’s County Department of Corrections in her official capacity under 42 U.S.C. § 1983 and 28 U.S.C. § 2241. The plaintiffs, represented by Civil Rights Corps, sought constitutionally sufficient procedures to protect their health and safety consistent with CDC guidelines and the judgment of correctional health specialists. The plaintiffs claimed that they had been deprived of their rights to reasonably safe living conditions under the Eighth and Fourteenth Amendments and that defendant’s policy of detaining COVID-positive people in the jail who are legally entitled to release violated the Fourteenth Amendment. Additionally, a subclass of medically vulnerable pre-trial plaintiffs claimed they were being held in violation of the Due Process Clause of the Fourteenth Amendment. Plaintiffs also filed an emergency motion for a temporary restraining order (TRO) and preliminary injunction, requested a hearing, and moved to certify a class.

On April 23, District Court Judge Paula Xinis ordered the defendant to file a response to plaintiffs’ motion for a TRO by April 25, and for plaintiffs to reply by April 27. Judge Xinis also directed the parties to submit a joint recommendation for an Independent Inspector by April 27, or two recommendations each, with supporting documents, if they were unable to agree.

The defendant filed their response in opposition to plaintiffs’ motion for a temporary restraining order on April 25 under seal. The plaintiffs filed their reply on April 29. On April 30, each party individually recommended two experts. On May 1, Judge Xinis appointed Carlos Franco-Paredes, MD, MPH as inspector, pursuant to the plaintiffs' recommendation.

On May 21, the court granted in part and denied in part the motion for the temporary restraining order. The court ordered a written plan or protocol to be completed within five days that addressed:

1. The identification, monitoring, treatment, and housing of detainees who are “high risk” (aged 65 or over and/or have an applicable medical condition) for suffering adverse outcomes if infected with COVID-19.

2. The training, education, and supervision of defendant's staff (medical and corrections officers).

3. A protocol for testing and isolation of detainees.

The court also ordered the defendants to submit the following within fourteen days:

1. The total number of tests administered and the total number of confirmed COVID-19 positive detainees.

2. A written plan or protocol regarding the provision of adequate cleaning supplies and face masks, as well as social distancing measures.

On May 26, the defendants appealed to the Fourth Circuit and filed a motion to stay pending appeal. The defendant's motion to stay pending appeal was denied by the district court on June 3, and by the Fourth Circuit on June 10. The plaintiffs moved to dismiss the appeal on June 4.

As of June 18, 715 individuals at the jail had been tested for COVID-19, with 26 positive results. Those with a positive test result were moved to medical isolation.

Status conferences were held between June 22 and July 2. On July 2, the court denied the plaintiff's preliminary injunction, for reasons stated during the June 22 hearing, and the temporary restraining order expired.

On July 7, the plaintiffs submitted an amended complaint, stating that in the four months since the initial complaint was filed, indefinite lockdown had continued at the jail, with detainees reporting no more than one or two hours of time out of their cells per day. The plaintiffs alleged a violation of the detainees' Eighth and Fourteenth Amendment rights, pointing to a lack of mental health services while detainees are anxious, depressed, and suicidal due to the indefinite lockdown.

On July 17, the defendant moved to dismiss the case, or in the alternative, sought summary judgment. The defendant claimed that all of the released plaintiffs’ claims were moot because they were no longer in the defendant's custody, and that therefore the plaintiffs failed to state a claim for relief.

On August 12, the Fourth Circuit dismissed the defendant's appeal as moot, agreeing with the plaintiff that the district court recently extinguished the injunctive relief order and denied Plaintiffs’ motion for a preliminary injunction.

The parties filed a joint motion to stay proceedings on August 27 pending settlement talks and the case was referred to Magistrate Judge Timothy J. Sullivan for mediation.The parties filed another joint motion to stay the proceedings on February 24, 2021, stating that they were still actively engaged in the mediation process.

On June 29, 2021, Judge Xinis dismissed the case after being advised that the parties had reached a settlement. Judge Xinis allowed the parties 60 days to move for good cause to reopen the case, if the settlement was not consummated. Following that 60-day period, if no party had moved to reopen, the case would be dismissed with prejudice.

The Clearinghouse received access to the settlement from the plaintiff's counsel. Per the agreement, the defendant must comply with the CDC's Guidance for Correctional Facilities, offer vaccines, provide free access to sick call for COVID-19, allow a surprise monthly inspection by an expert, and allow at least 3 hours of out-of-cell time per day. The agreement was effective as of August 23, 2021 and is set to expire on December 21, 2021.

Summary Authors

Claire Shimberg (5/2/2020)

Averyn Lee (9/21/2020)

Chandler Hart-McGonigle (11/29/2020)

Caitlin Kierum (9/5/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17085237/parties/seth-v-mcdonough/


Judge(s)

Sullivan, Timothy J. (Maryland)

Xinis, Paula (Maryland)

Attorneys(s) for Plaintiff

Boykin, Olevia (District of Columbia)

Brooks, Cadene Russell (District of Columbia)

Downer, Ryan Chasce (District of Columbia)

Hubbard, Katherine (District of Columbia)

Israni, Ellora Thadaney (District of Columbia)

Rossi, Elizabeth Anne (District of Columbia)

Ryan, Katherine Chamblee (District of Columbia)

Williams, Edward Henderson II (District of Columbia)

Judge(s)

Sullivan, Timothy J. (Maryland)

Xinis, Paula (Maryland)

Attorneys(s) for Plaintiff

Boykin, Olevia (District of Columbia)

Brooks, Cadene Russell (District of Columbia)

Downer, Ryan Chasce (District of Columbia)

Hubbard, Katherine (District of Columbia)

Israni, Ellora Thadaney (District of Columbia)

Rossi, Elizabeth Anne (District of Columbia)

Ryan, Katherine Chamblee (District of Columbia)

Williams, Edward Henderson II (District of Columbia)

Attorneys(s) for Defendant

Koshy, Ann Elizabeth (Maryland)

Lunsford, William R. (Alabama)

Murray, Andrew J. (Maryland)

Rogers, Stephen C. (Alabama)

Steely, Kenneth Scott (Alabama)

Weaver, Rhonda L. (Maryland)

Other Attorney(s)

Buergel, Susanna M. (New York)

Gao, Megan L. (New York)

Kimball-Stanley, David C. (New York)

Kumar, Sonia (Maryland)

Lai, Golda (New York)

Expert/Monitor/Master

Benninger, Kristen A. MD (North Carolina)

Haney, Craig William (California)

Johnson, Shelley Lynn (Maryland)

Meyer, Jaimie (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

June 29, 2021 Docket
4 & 4-1 to 4-2

Plaintiffs' Motion for Class Certification

April 21, 2020 Pleading / Motion / Brief
3 & 3-1 to 3-2

Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction

April 21, 2020 Pleading / Motion / Brief
2-1

Appendix of Exhibits for Class Action Complaint

April 21, 2020 Complaint
2

Complaint

April 21, 2020 Complaint
24, 24-1

Order

April 23, 2020 Order/Opinion
44

Reply in Support of Plaintiffs' Emergency Motion for a Temporary Restraining Order and Preliminary Injunction

April 29, 2020 Pleading / Motion / Brief
53

Order

2020 WL 2393914

May 1, 2020 Order/Opinion
70

Defendant Mary Lou McDonough's Answer to Class Action Complaint for Declaratory and Injunctive Relief and Petition for Writs of Habeas Corpus Pursuant to 28 U.S.C. §2241

May 13, 2020 Pleading / Motion / Brief
84

Memorandum Opinion

461 F.Supp.3d 242, 2020 WL 2571168

May 21, 2020 Order/Opinion

Resources

Title Description External URL

Prince George's County, Maryland: COVID-19 & Jails

Civil Rights Corps

Prince George’s county is the epicenter of the COVID-19 pandemic in Maryland. The majority-Black county has the most confirmed cases and the most confirmed deaths in the entire state. Not surprisingl… July 3, 2020 http://www.civilrightscorps.org/work/case/prince-georges-county-maryland-covid-19-jails

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17085237/seth-v-mcdonough/

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

ECF Number Description Date Link
1

(FILED IN ERROR) SEE 2 FOR CORRECTED FILING COMPLAINT against All Plaintiffs, filed by John Does 1-5, Keith Seth, Mario Burch, David Smith(Attachments: # 1 Appendix Exhibits)(Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

1 Appendix Exhibits

View on PACER

April 21, 2020 RECAP
2

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0416-8619803.), filed by John Does 1-5, Keith Seth,, Mario Burch, David Smith. (Attachments: # 1 Appendix)(Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

1 Appendix

View on RECAP

April 21, 2020 PACER
3

Emergency MOTION for Temporary Restraining Order by Mario Burch, John Does 1-5, Keith Seth, David Smith. (Attachments: # 1 Memorandum in Support, # 2 Appendix Exhibits)(Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

1 Memorandum in Support

View on RECAP

2 Appendix Exhibits

View on RECAP

April 21, 2020 RECAP
4

MOTION to Certify Class by Mario Burch, John Does 1-5, Keith Seth, David Smith (Attachments: # 1 Memorandum in Support, # 2 Exhibit)(Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

1 Memorandum in Support

View on PACER

2 Exhibit

View on PACER

April 21, 2020 PACER
5

MOTION to Appear Pro Hac Vice for Ryan Downer (Filing fee $100, receipt number 0416-8619903.) by Mario Burch, David Smith, Keith Seth, John Does 1-5(Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

April 21, 2020 PACER
6

MOTION to Appear Pro Hac Vice for Olevia Boykin (Filing fee $100, receipt number 0416-8619921.) by Mario Burch, John Does 1-5, Keith Seth, David Smith(Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

April 21, 2020 PACER
7

MOTION to Appear Pro Hac Vice for Katherine Chamblee-Ryan (Filing fee $100, receipt number 0416-8619928.) by Mario Burch, John Does 1-5, Keith Seth, David Smith(Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

April 21, 2020 PACER
8

NOTICE by Mario Burch, John Does 1-5, Keith Seth, David Smith re 3 Emergency MOTION for Temporary Restraining Order Request for Hearing (Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

April 21, 2020 PACER
9

NOTICE by Mario Burch, John Does 1-5, Keith Seth, David Smith re 2 Complaint, Civil Cover Sheet (Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

April 21, 2020 PACER
10

(FILED IN ERROR) Summons Returned Unexecuted by Keith Seth, John Does 1-5, Mario Burch, David Smith as to All Defendants.(Rossi, Elizabeth) Modified on 4/21/2020 (ybs, Deputy Clerk). (Entered: 04/21/2020)

April 21, 2020 PACER
11

QC NOTICE: 10 Summons Returned Unexecuted filed by John Does 1-5, Mario Burch, David Smith, Keith Seth was filed incorrectly. **Incorrect event used. It has been noted as FILED IN ERROR, and the document link has been disabled. To correct this problem, file Summons using the event Notice (Other) and link Summons to 1 Complaint. (ybs, Deputy Clerk) (Entered: 04/21/2020)

April 21, 2020 PACER
12

NOTICE by Mario Burch, John Does 1-5, Keith Seth, David Smith re 2 Complaint, Summons (Rossi, Elizabeth) (Entered: 04/21/2020)

April 21, 2020 PACER
13

Summons Issued 21 days as to Mary Lou McDonough. (tds, Deputy Clerk) (Entered: 04/22/2020)

April 22, 2020 PACER
14

QC NOTICE: 5 Motion to Appear Pro Hac Vice filed by John Does 1-5, Mario Burch, David Smith, Keith Seth needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 04/22/2020)

April 22, 2020 PACER
15

QC NOTICE: 6 Motion to Appear Pro Hac Vice filed by John Does 1-5, Mario Burch, David Smith, Keith Seth needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 04/22/2020)

April 22, 2020 PACER
16

QC NOTICE: 7 Motion to Appear Pro Hac Vice filed by John Does 1-5, Mario Burch, David Smith, Keith Seth needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 04/22/2020)

April 22, 2020 PACER
17

CORRECTED MOTION to Appear Pro Hac Vice for Ryan Downer by Mario Burch, John Does 1-5, Keith Seth, David Smith. The fee has already been paid.(Rossi, Elizabeth) (Entered: 04/22/2020)

April 22, 2020 RECAP
18

CORRECTED MOTION to Appear Pro Hac Vice for Olevia Boykin by Mario Burch, John Does 1-5, Keith Seth, David Smith. The fee has already been paid.(Rossi, Elizabeth) (Entered: 04/22/2020)

April 22, 2020 PACER
19

CORRECTED MOTION to Appear Pro Hac Vice for Katherine Chamblee-Ryan by Mario Burch, John Does 1-5, Keith Seth, David Smith. The fee has already been paid.(Rossi, Elizabeth) (Entered: 04/22/2020)

April 22, 2020 PACER
20

[FILED IN ERROR] NOTICE of Appearance by Shelley Lynn Johnson on behalf of Mary Lou McDonough (Johnson, Shelley) Modified on 4/23/2020 (tds, Deputy Clerk). (Entered: 04/22/2020)

April 22, 2020 PACER
21

QC NOTICE: 20 Notice of Appearance filed by Shelley Johnson on behalf of Andrew Murray for Defendant Mary Lou McDonough was filed incorrectly. ***Each attorney must file their Notice of Appearance using their CM/ECF login in order to be added as counsel to a case. The Notice of Appearance has been noted as FILED IN ERROR, and the document link has been disabled. Thank you. (tds, Deputy Clerk) Modified on 4/23/2020 (tds, Deputy Clerk). (Entered: 04/23/2020)

April 23, 2020 PACER
22

NOTICE of Appearance by Ann Elizabeth Koshy on behalf of Mary Lou McDonough (Koshy, Ann) (Entered: 04/23/2020)

April 23, 2020 PACER
23

NOTICE of Appearance by Andrew J Murray on behalf of Mary Lou McDonough (Murray, Andrew) (Entered: 04/23/2020)

April 23, 2020 PACER
24

ORDER directing Defendant to file a Response to Plaintiffs' 3 Emergency MOTION for Temporary Restraining Order by April 25, 2020 as instructed herein, and specifically regarding Attachment A to this Order; stating that Plaintiffs' Reply is due by April 27, 2020; directing Parties to submit a joint recommendation for an Independent Inspector by April 27, 2020; stating that if the Parties are unable to agree on an inspector, each party is to propose two recommendations and file related documents as instructed herein; and holding in abeyance Plaintiffs' 4 Motion to Certify Class until resolution of Plaintiffs' Motion for Temporary Restraining Order. Signed by Judge Paula Xinis on 4/23/2020. (Attachment: # 1 Attachment A) (tds, Deputy Clerk) (Entered: 04/23/2020)

1 Attachment A

View on PACER

April 23, 2020 RECAP
25

NOTICE of Appearance by Shelley Lynn Johnson on behalf of Mary Lou McDonough (Johnson, Shelley) (Entered: 04/23/2020)

April 23, 2020 PACER
26

PAPERLESS ORDER granting 17 Corrected Motion to Appear Pro Hac Vice on behalf of Ryan Downer. Directing attorney Ryan Downer to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/24/2020. (srds, Deputy Clerk) (Entered: 04/24/2020)

April 24, 2020 PACER
27

PAPERLESS ORDER granting 18 Corrected Motion to Appear Pro Hac Vice on behalf of Olevia Boykin. Directing attorney Olevia Boykin to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/24/2020. (srds, Deputy Clerk) (Entered: 04/24/2020)

April 24, 2020 PACER
28

PAPERLESS ORDER granting 19 Corrected Motion to Appear Pro Hac Vice on behalf of Katherine Chamblee Ryan. Directing attorney Katherine Chamblee Ryan to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 4/24/2020. (srds, Deputy Clerk) (Entered: 04/24/2020)

April 24, 2020 PACER
29

-SEALED-RESPONSE in Opposition re 3 Emergency MOTION for Temporary Restraining Order filed by Mary Lou McDonough. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Exhibit CDC Guidelines, # 5 Exhibit Policy, # 6 Exhibit newsletter, # 7 Exhibit newsletter)(Johnson, Shelley) (Entered: 04/25/2020)

April 25, 2020 PACER
30

[STRICKEN PER PAPERLESS ORDER AT ECF NO. 32] AMENDED RESPONSE in Opposition re 3 Emergency MOTION for Temporary Restraining Order filed by Mary Lou McDonough. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit) (Johnson, Shelley) Modified on 4/27/2020 to add AMENDED (tds, Deputy Clerk). (Entered: 04/26/2020)

1 Exhibit

View on PACER

2 Affidavit

View on PACER

3 Affidavit

View on PACER

4 Affidavit

View on PACER

April 26, 2020 RECAP
31

[STRICKEN PER PAPERLESS ORDER AT ECF NO. 32] -SEALED - NOTICE of Filing Under Seal Exhibit 4 to Response to Temporary Restraining Oder and Peliminary Injunction by Mary Lou McDonough re 30 Response in Opposition to Motion (Attachments: # 1 Affidavit) (Johnson, Shelley) Modified on 4/27/2020 (tds, Deputy Clerk). (Entered: 04/26/2020)

April 26, 2020 PACER
32

PAPERLESS ORDER STRIKING 30 Response in Opposition 3 Emergency Motion for Temporary Restraining Order, and STRIKING 31 Notice of Filing Exhibit or Attachment Under Seal. Signed by Judge Paula Xinis on 4/26/2020. (tb2s, Chambers) (Entered: 04/26/2020)

April 26, 2020 PACER
33

PAPERLESS ORDER: By noon Monday April 27, 2020, Defendant shall file electronically the exhibits corresponding with the Declarations at ECF No. 29. The Defendant shall further file any additional exhibits responsive to Attachment A at ECF No. 24-1 as a separate filing and such additional exhibits shall include a table of contents and indicate clearly on each exhibit the section or subsection at Attachment A to which it corresponds. Failure to comply with this Order may result in striking the Declarations and/or Exhibits from the record. Signed by Judge Paula Xinis on 4/26/2020. (tb2s, Chambers) (Entered: 04/26/2020)

April 26, 2020 PACER
34

MOTION for Extension of Time to File Response/Reply as to 29 Response in Opposition to Motion, by Mario Burch, John Does 1-5, Keith Seth, David Smith(Rossi, Elizabeth) (Entered: 04/26/2020)

April 26, 2020 PACER
35

PAPERLESS ORDER GRANTING 34 Motion for Extension of Time. Plaintiff's Reply to 3 Emergency MOTION for Temporary Restraining Order is extended to April 29, 2020 at 12:00 p.m. Signed by Judge Paula Xinis on 4/27/2020. (tb2s, Chambers) (Entered: 04/27/2020)

April 27, 2020 PACER
36

Supplemental to 29 Response in Opposition to Motion, filed by Mary Lou McDonough (Attachments: # 1 Exhibit 1A - Powell Memo, # 2 Exhibit 1B - Coronavirus update, # 3 Exhibit 1C - Feb. 5 email, # 4 Exhibit 1D - Intake Form, # 5 Exhibit 1E - MAC meeting, # 6 Exhibit 1F - Memo by Director McDonough, # 7 Exhibit 1G - Photo of Poster, # 8 Exhibit 1H - Posters in Medical Unit, # 9 Exhibit 1I - Training provided to Medical Staff, # 10 Exhibit 1J - March 20 Memo, # 11 Exhibit 1K - CDG Guidance, # 12 Exhibit 1L - March 24 Memo, # 13 Exhibit 1M- March 27 Memo, # 14 Exhibit 1N - March 31 Memo, # 15 Exhibit 1O - CDC Patient Information Fact Sheet, # 16 Exhibit 1P - Acknowledgement of Receipt, # 17 Exhibit 1Q - Daily Temperature Check Logs, # 18 Exhibit 2A - CDC Guidelines, # 19 Exhibit 2B - Jan 28 Memo, # 20 Exhibit 2C - Feb. 4 Memo, # 21 Exhibit 2D - Email re Training, # 22 Exhibit 2E - 2019 COVID Tabletop Exercise, # 23 Exhibit 2F - Mar 2 memo, # 24 Exhibit 2G - Mar 11 memo, # 25 Exhibit 2H - Mar 13 memo, # 26 Exhibit 2I - March 17 memo, # 27 Exhibit 2J - Mar 20 memo, # 28 Exhibit 2K - Mar 24 memo, # 29 Exhibit 2L - Mar 27 memo, # 30 Exhibit 2M - Mar 31 memo, # 31 Exhibit 2N - Combined April memo with attachment, # 32 Exhibit 3A - pandemic policy - SEE ECF No. 43 for correct document) (Johnson, Shelley) Modified on 4/30/2020 re: Exhibit 3A (tds, Deputy Clerk). (Entered: 04/27/2020)

1 Exhibit 1A - Powell Memo

View on PACER

2 Exhibit 1B - Coronavirus update

View on PACER

3 Exhibit 1C - Feb. 5 email

View on PACER

4 Exhibit 1D - Intake Form

View on PACER

5 Exhibit 1E - MAC meeting

View on PACER

6 Exhibit 1F - Memo by Director McDonough

View on RECAP

7 Exhibit 1G - Photo of Poster

View on PACER

8 Exhibit 1H - Posters in Medical Unit

View on PACER

9 Exhibit 1I - Training provided to Medical Staff

View on PACER

10 Exhibit 1J - March 20 Memo

View on PACER

11 Exhibit 1K - CDG Guidance

View on PACER

12 Exhibit 1L - March 24 Memo

View on PACER

13 Exhibit 1M- March 27 Memo

View on PACER

14 Exhibit 1N - March 31 Memo

View on PACER

15 Exhibit 1O - CDC Patient Information Fact Sheet

View on PACER

16 Exhibit 1P - Acknowledgement of Receipt

View on PACER

18 Exhibit 2A - CDC Guidelines

View on PACER

19 Exhibit 2B - Jan 28 Memo

View on PACER

20 Exhibit 2C - Feb. 4 Memo

View on PACER

21 Exhibit 2D - Email re Training

View on PACER

22 Exhibit 2E - 2019 COVID Tabletop Exercise

View on PACER

23 Exhibit 2F - Mar 2 memo

View on PACER

24 Exhibit 2G - Mar 11 memo

View on PACER

25 Exhibit 2H - Mar 13 memo

View on PACER

26 Exhibit 2I - March 17 memo

View on PACER

27 Exhibit 2J - Mar 20 memo

View on PACER

28 Exhibit 2K - Mar 24 memo

View on PACER

29 Exhibit 2L - Mar 27 memo

View on PACER

30 Exhibit 2M - Mar 31 memo

View on PACER

31 Exhibit 2N - Combined April memo with attachment

View on PACER

April 27, 2020 PACER
37

RESPONSE re 24 Order,,, Attachment A filed by Mary Lou McDonough. (Attachments: # 1 Exhibit 1- Photos of Medical Unit, # 2 Exhibit 2-Photos of Housing Unit, # 3 Exhibit 3- Emails from Chief of Security, # 4 Exhibit 4- Grievances and Complaints, # 5 Exhibit 5-Home Detention, # 6 Exhibit 6 - Bed Roster, # 7 Exhibit 7 - Housing Unit Custody Levels, # 8 Exhibit 8 - Housing Unit Detail Reports, # 9 Exhibit 9 - Housing Unit Roster, # 10 Exhibit 10 - Inter-Department Requisition for Supplies, # 11 Exhibit 11- Invoices for Supplies, # 12 Exhibit 12 - Meal Prep, # 13 Exhibit 13 - Milestone video photos, # 14 Exhibit 14 - Plaintiff Commitment summary, # 15 Exhibit 15 - Posted flyers, # 16 Exhibit 16 - Related policies, # 17 Exhibit 17A - Shift I Commander Reports, # 18 Exhibit 17B - Shift II Commander Reports, # 19 Exhibit 17C - Shift III Commander Reports, # 20 Exhibit 18 - Staff PPE and Inmate Kit Photos, # 21 Exhibit 19 - Supply Delivery to Units, # 22 Exhibit 20 - Weekly Roundup Newsletters, # 23 Exhibit 21 - COVID Leave and Incidents)(Johnson, Shelley) (Entered: 04/27/2020)

1 Exhibit 1- Photos of Medical Unit

View on RECAP

2 Exhibit 2-Photos of Housing Unit

View on PACER

10 Exhibit 10 - Inter-Department Requisition for Supplies

View on PACER

11 Exhibit 11- Invoices for Supplies

View on PACER

12 Exhibit 12 - Meal Prep

View on PACER

13 Exhibit 13 - Milestone video photos

View on PACER

15 Exhibit 15 - Posted flyers

View on PACER

16 Exhibit 16 - Related policies

View on PACER

20 Exhibit 18 - Staff PPE and Inmate Kit Photos

View on PACER

21 Exhibit 19 - Supply Delivery to Units

View on PACER

April 27, 2020 PACER
38

Supplemental to 29 Response in Opposition to Motion, filed by Mary Lou McDonough (Johnson, Shelley) (Entered: 04/27/2020)

April 27, 2020 PACER
39

Supplemental to 29 Response in Opposition to Motion, filed by Mary Lou McDonough (Johnson, Shelley) (Entered: 04/27/2020)

April 27, 2020 PACER
40

Joint MOTION for Extension of Time to Submit Independent Inspector Recommendations by Mario Burch, John Does 1-5, Keith Seth, David Smith (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4)(Rossi, Elizabeth) (Entered: 04/27/2020)

1 Exhibit Ex. 1

View on PACER

2 Exhibit Ex. 2

View on PACER

3 Exhibit Ex. 3

View on PACER

4 Exhibit Ex. 4

View on PACER

April 27, 2020 PACER
41

PAPERLESS ORDER GRANTING 40 Motion for Extension of Time to Submit Independent Inspector Recommendations. Signed by Judge Paula Xinis on 4/27/2020. (tb2s, Chambers) (Entered: 04/27/2020)

April 27, 2020 PACER
42

QC NOTICE regarding: 36 Supplemental to 29 Response in Opposition filed by Mary Lou McDonough. ***The following attachments or exhibits are missing - Exhibit 36-32 (Exhibit 3A) is listed as a Pandemic Policy, but the incorrect document was attached. To correct this problem, file the correct document using the event Supplemental, note Corrected Exhibit 3A, the name of the attachment (Pandemic Policy) and link the attachment to 29 Response in Opposition to Motion. Thank you. (tds, Deputy Clerk) (Entered: 04/28/2020)

April 28, 2020 PACER
43

Supplemental to 29 Response in Opposition to Motion, filed by Mary Lou McDonough (Attachments: # 1 Exhibit 3A - Pandemic policy)(Johnson, Shelley) (Entered: 04/28/2020)

1 Exhibit 3A - Pandemic policy

View on PACER

April 28, 2020 PACER
44

REPLY to Response to Motion re 3 Emergency MOTION for Temporary Restraining Order filed by Mario Burch, John Does 1-5, Keith Seth, David Smith. (Attachments: # 1 Unredacted Appendix)(Rossi, Elizabeth) Modified on 4/29/2020 (kns, Deputy Clerk). (Entered: 04/29/2020)

April 29, 2020 PACER
45

MOTION for Leave to File Excess Pages by Mario Burch, John Does 1-5, Keith Seth, David Smith(Rossi, Elizabeth) (Entered: 04/29/2020)

April 29, 2020 PACER
46

PAPERLESS ORDER GRANTING 45 Motion for Leave to File Excess Pages. Signed by Judge Paula Xinis on 4/29/2020. (tb2s, Chambers) (Entered: 04/29/2020)

April 29, 2020 PACER
47

Supplemental to 44 Reply to Response to Motion, filed by Mario Burch, John Does 1-5, Keith Seth, David Smith Redacted Appendix (Boykin, Olevia) (Entered: 04/29/2020)

April 29, 2020 PACER
48

NOTICE by Mario Burch, John Does 1-5, Keith Seth, David Smith re 24 Order,,, Plaintiffs Letter of Recommendation re Independent Jail Inspector (Attachments: # 1 Exhibit Curriculum Vitae of Dr. Homer Venters, # 2 Exhibit Curriculum Vitae of Dr. Carlos Franco-Paredes)(Boykin, Olevia) (Entered: 04/30/2020)

1 Exhibit Curriculum Vitae of Dr. Homer Venters

View on PACER

2 Exhibit Curriculum Vitae of Dr. Carlos Franco-Paredes

View on PACER

April 30, 2020 PACER
49

NOTICE by Mary Lou McDonough recommended court experts (Attachments: # 1 Attachment cv Dr. Brent Gibson, # 2 Attachment Dr. Gibson inspection proposal, # 3 Attachment cv Dr. Carl Keldie)(Murray, Andrew) (Entered: 04/30/2020)

1 Attachment cv Dr. Brent Gibson

View on PACER

2 Attachment Dr. Gibson inspection proposal

View on PACER

3 Attachment cv Dr. Carl Keldie

View on PACER

April 30, 2020 PACER
50

Correspondence re: Explanation for recommendation of experts (Murray, Andrew) (Entered: 04/30/2020)

April 30, 2020 PACER
51

PAPERLESS ORDER: A recorded call has been scheduled for May 1, 2020 at 9:00 a.m. Instructions will be emailed to the parties. Signed by Judge Paula Xinis on 4/30/2020. (tb2s, Chambers) (Entered: 04/30/2020)

April 30, 2020 PACER

Recorded Telephone Conference held on 5/1/2020 before Judge Paula Xinis. (45 min) (tb2s, Chambers)

May 1, 2020 PACER
52

PAPERLESS ORDER: A recorded call has been scheduled for May 1, 2020 at 3:00 p.m. Instructions will be emailed to the Parties. Signed by Judge Paula Xinis on 5/1/2020. (tb2s, Chambers) (Entered: 05/01/2020)

May 1, 2020 PACER
53

ORDER Appointing Carlos Franco-Paredes, MD, MPH as Inspector. Signed by Judge Paula Xinis on 5/1/2020. (ybs, Deputy Clerk) (Entered: 05/01/2020)

May 1, 2020 RECAP

Recorded Telephone Conference held on 5/1/2020 before Judge Paula Xinis. (1 hour) (tb2s, Chambers)

May 1, 2020 PACER
54

NOTICE of Appearance by Edward Henderson Williams, II on behalf of Mario Burch, John Does 1-5, Keith Seth, David Smith (Williams, Edward) (Entered: 05/01/2020)

May 1, 2020 PACER
55

MOTION to Appear Pro Hac Vice for Cadene Russell Brooks (Filing fee $100, receipt number 0416-8636245.) by Mario Burch, John Does 1-5, Keith Seth, David Smith(Williams, Edward) (Entered: 05/01/2020)

May 1, 2020 PACER
56

NOTICE by Mario Burch, John Does 1-5, Keith Seth, David Smith Joint in Support of Dr. Robert Greifinger as Court Appointed Monitor (Attachments: # 1 Exhibit Curriculum Vitae and Litigation Testimony)(Boykin, Olevia) (Entered: 05/04/2020)

1 Exhibit Curriculum Vitae and Litigation Testimony

View on PACER

May 4, 2020 PACER
57

Joint MOTION for Protective Order by Mario Burch, John Does 1-5, Keith Seth, David Smith (Attachments: # 1 Text of Proposed Order)(Rossi, Elizabeth) (Entered: 05/04/2020)

1 Text of Proposed Order

View on PACER

May 4, 2020 PACER
58

PAPERLESS ORDER granting 55 Motion to Appear Pro Hac Vice on behalf of Cadene Russell Brooks. Directing attorney Cadene Russell Brooks to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 5/4/2020. (srds, Deputy Clerk) (Entered: 05/04/2020)

May 4, 2020 PACER
59

STIPULATED PROTECTIVE ORDER. Signed by Judge Paula Xinis on 5/2/2020. (ybs, Deputy Clerk) (Entered: 05/04/2020)

May 4, 2020 PACER
60

PAPERLESS NOTICE of Hearing: Motion Hearing set for May 11, 2020 at 3:00 p.m. before Judge Paula Xinis. The hearing is expected to last 2 hours. Dr. Carlos Franco-Paredes shall be available to answer questions about his report and the Court will hear argument from counsel on the propriety of a TRO. (tb2s, Chambers) (Entered: 05/08/2020)

May 8, 2020 PACER
61

MOTION for Other Relief to Supplement the Record by Mario Burch, John Does 1-5, Keith Seth, David Smith (Attachments: # 1 Exhibit Second Declaration of Claire Glenn)(Rossi, Elizabeth) (Entered: 05/10/2020)

1 Exhibit Second Declaration of Claire Glenn

View on PACER

May 10, 2020 PACER
62

NOTICE by Mario Burch, John Does 1-5, Keith Seth, David Smith of Supplemental Authority (Williams, Edward) (Entered: 05/10/2020)

May 10, 2020 PACER
63

MOTION for Leave to Supplement Record for Hearing on Temporary Restraining Order by Mary Lou McDonough (Attachments: # 1 Affidavit, # 2 Supplement, # 3 Affidavit)(Murray, Andrew) Modified on 5/11/2020 (ybs, Deputy Clerk). (Entered: 05/11/2020)

1 Affidavit

View on RECAP

2 Supplement

View on PACER

3 Affidavit

View on PACER

May 11, 2020 PACER
64

Motion Hearing held on 5/11/2020 re 3 EMERGENCY MOTION for Temporary Restraining Order before Judge Paula Xinis.(Court Reporter: Marlene Kerr - Zoom) (bus, Deputy Clerk) (Entered: 05/11/2020)

May 11, 2020 PACER
65

COURT'S EXHIBIT LIST. (bus, Deputy Clerk) (Additional attachment(s) added on 5/14/2020: # 1 Exhibit 1) (bus, Deputy Clerk). (Entered: 05/11/2020)

1 Exhibit 1

View on PACER

May 11, 2020 PACER
66

LETTER ORDER regarding 64 Motion Hearing conducted on May 11, 2020. Signed by Judge Paula Xinis on 5/12/2020. (ybs, Deputy Clerk) (Entered: 05/12/2020)

May 12, 2020 RECAP
67

STRICKEN - ORDER REFERRING CASE to Magistrate Judge Charles B. Day for Settlement. Signed by Judge Paula Xinis on 5/12/2020. (cags, Deputy Clerk) Modified on 5/12/2020 (cags, Deputy Clerk). (Entered: 05/12/2020)

May 12, 2020 PACER
68

PAPERLESS ORDER STRIKING 67 Order Referring Case to Magistrate Judge. Signed by Judge Paula Xinis on 5/12/2020. (tb2s, Chambers) (Entered: 05/12/2020)

May 12, 2020 PACER
69

Local Rule 103.3 Disclosure Statement by Mary Lou McDonough (Johnson, Shelley) (Entered: 05/13/2020)

May 13, 2020 PACER
70

ANSWER to 1 Complaint, by Mary Lou McDonough.(Johnson, Shelley) (Entered: 05/13/2020)

May 13, 2020 PACER
71

MOTION to File Under Seal and for Protective Order by Mary Lou McDonough(Johnson, Shelley) Modified on 5/14/2020 (ybs, Deputy Clerk). (Entered: 05/13/2020)

May 13, 2020 PACER
72

Substantive legal issues - addressing (Johnson, Shelley) (Entered: 05/18/2020)

May 18, 2020 RECAP
73

(FILED IN ERROR)STATUS REPORT Joint by Mario Burch, John Does 1-5, Keith Seth, David Smith(Williams, Edward) Modified on 5/19/2020 (ybs, Deputy Clerk). (Entered: 05/18/2020)

May 18, 2020 RECAP
74

Substantive legal issues - addressing (Chamblee Ryan, Katherine) (Entered: 05/18/2020)

May 18, 2020 RECAP
75

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 05/01/2020, before Judge Paula Xinis. Court Reporter/Transcriber Marlene Kerr, Telephone number 3013443499. Total number of pages filed: 21. 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 it may be obtained from the Court Reporter or through PACER. Redaction Request due 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020.(mmk, Court Reporter) (Entered: 05/19/2020)

May 19, 2020 RECAP
76

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 05/11/2020, before Judge Paula Xinis. Court Reporter/Transcriber Marlene Kerr, Telephone number 3013443499. Total number of pages filed: 115. 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 it may be obtained from the Court Reporter or through PACER. Redaction Request due 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020.(mmk, Court Reporter) (Entered: 05/19/2020)

May 19, 2020 PACER
77

(FILED IN ERROR)Second MOTION for Other Relief To Supplement Record by Mary Lou McDonough (Attachments: # 1 Affidavit Earnest L. Carter, MD., Ph.D, # 2 Exhibit CDC COVID 19 Hospitalization rates, # 3 Exhibit Jail Population Profile, # 4 Affidavit Third affidavit of Mary Lou McDonough, # 5 Affidavit Second affidavit of Jeff Logan, # 6 Attachment Attachment A to Logan affidavit - response to list of detainees for overdetention claim, # 7 Attachment attachment B to Logan Affidavit - Jail Pre-trial release policy, # 8 Attachment attachment C to Logan Affidavit - email exchange)(Murray, Andrew) Modified on 5/19/2020 (ybs, Deputy Clerk). (Entered: 05/19/2020)

1 Affidavit Earnest L. Carter, MD., Ph.D

View on PACER

2 Exhibit CDC COVID 19 Hospitalization rates

View on PACER

3 Exhibit Jail Population Profile

View on PACER

4 Affidavit Third affidavit of Mary Lou McDonough

View on PACER

5 Affidavit Second affidavit of Jeff Logan

View on RECAP

6 Attachment Attachment A to Logan affidavit - response to list of detainees for o

View on PACER

7 Attachment attachment B to Logan Affidavit - Jail Pre-trial release policy

View on PACER

8 Attachment attachment C to Logan Affidavit - email exchange

View on PACER

May 19, 2020 RECAP
78

Second MOTION for Other Relief To Supplement Record by Mary Lou McDonough (Attachments: # 1 Affidavit 77-1 Carter Affidavit, # 2 Exhibit 77-2 COVID Hospitalization graph, # 3 Exhibit 77-3 PGDOC Inmate Profile, # 4 Affidavit 77-4 McDonough Affidavit, # 5 Affidavit 77-5 Logan Affidavit, # 6 Exhibit 77-7 Attachment B to Logan Affidavit Pretrial Procedure, # 7 Exhibit 77-8 - Attachment C of Logan Affidaviit Email, # 8 Exhibit 77-6 Attachment A to Logan Affidavit)(Johnson, Shelley) (Entered: 05/19/2020)

1 Affidavit 77-1 Carter Affidavit

View on PACER

2 Exhibit 77-2 COVID Hospitalization graph

View on PACER

3 Exhibit 77-3 PGDOC Inmate Profile

View on PACER

4 Affidavit 77-4 McDonough Affidavit

View on PACER

5 Affidavit 77-5 Logan Affidavit

View on PACER

6 Exhibit 77-7 Attachment B to Logan Affidavit Pretrial Procedure

View on PACER

7 Exhibit 77-8 - Attachment C of Logan Affidaviit Email

View on PACER

8 Exhibit 77-6 Attachment A to Logan Affidavit

View on PACER

May 19, 2020 PACER
79

REDACTED DOCUMENT Joint Status Report by Mario Burch, John Does 1-5, Keith Seth, David Smith(Williams, Edward) (Entered: 05/19/2020)

May 19, 2020 RECAP
80

RESPONSE to Motion re 78 Second MOTION for Other Relief To Supplement Record filed by Mario Burch, John Does 1-5, Keith Seth, David Smith.(Chamblee Ryan, Katherine) (Entered: 05/20/2020)

May 20, 2020 RECAP
81

Status Conference held on 5/20/2020 before Judge Paula Xinis.(Court Reporter: Marlene Kerr - Zoom) (bus, Deputy Clerk) (Entered: 05/20/2020)

May 20, 2020 PACER
82

ORAL ORDER granting 61 Motion to Supplement the Record; granting 63 Motion for Leave to Supplement Record for Hearing on Temporary Restraining Order; granting 78 Second Motion for Leave to Supplement Record for Hearing on Temporary Restraining Order. Signed by Judge Paula Xinis on 5/20/2020. (bus, Deputy Clerk) (Entered: 05/20/2020)

May 20, 2020 PACER
83

ORAL ORDER directing counsel to file a Joint Proposed Scheduling by 05/27/2020. Signed by Judge Paula Xinis on 5/20/2020. (bus, Deputy Clerk) (Entered: 05/20/2020)

May 20, 2020 PACER
84

MEMORANDUM OPINION. Signed by Judge Paula Xinis on 5/21/2020. (kns, Deputy Clerk) (Entered: 05/21/2020)

May 21, 2020 RECAP
85

ORDER granting in part and denying in part 3 Emergency MOTION for Temporary Restraining Order. Signed by Judge Paula Xinis on 5/21/2020. (kns, Deputy Clerk) (Entered: 05/21/2020)

May 21, 2020 RECAP
86

NOTICE OF APPEAL by Mary Lou McDonough. Filing fee $ 505, receipt number 0416-8666951.(Johnson, Shelley) (Entered: 05/26/2020)

May 26, 2020 PACER
87

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 86 Notice of Appeal. IMPORTANT NOTICE: To access forms which you are required to file with the United States Court of Appeals for the Fourth Circuit please go to http://www.ca4.uscourts.gov and click on Forms & Notices.(nu, Deputy Clerk) (Entered: 05/26/2020)

May 26, 2020 PACER
88

RESPONSE re 85 Order on Motion for TRO filed by Mary Lou McDonough. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Koshy, Ann) (Entered: 05/26/2020)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Exhibit Exhibit 3

View on PACER

4 Exhibit Exhibit 4

View on PACER

May 26, 2020 PACER
89

USCA Case Number 20-6776 for 86 Notice of Appeal filed by Mary Lou McDonough. Case Manager - Ashley Brownlee (nus, Deputy Clerk) (Entered: 05/27/2020)

May 27, 2020 PACER
90

MOTION to Stay re 84 Memorandum Opinion, 85 Order on Motion for TRO by Mary Lou McDonough (Attachments: # 1 Exhibit ECF 65 - Transcript 5-11-10 Hearing, # 2 Exhibit ECF 29-3 McDonough Affidavit, # 3 Exhibit ECF 78-5 Logan Affidavit, # 4 Exhibit ECF 29-1 Dr. Meskerem Asresahegn Affidavit, # 5 Exhibit ECF 88 Defendant's Five Day Report, # 6 Exhibit ECF 78-4 McDonough 3rd Affidavit, # 7 Exhibit ECF 78-1 Carter Affidavit, # 8 Exhibit ECF 3 Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction, # 9 Exhibit ECF 29-5 Defendant's Pandemic Policy)(Johnson, Shelley) (Entered: 05/27/2020)

1 Exhibit ECF 65 - Transcript 5-11-10 Hearing

View on PACER

2 Exhibit ECF 29-3 McDonough Affidavit

View on RECAP

3 Exhibit ECF 78-5 Logan Affidavit

View on PACER

4 Exhibit ECF 29-1 Dr. Meskerem Asresahegn Affidavit

View on PACER

5 Exhibit ECF 88 Defendant's Five Day Report

View on PACER

6 Exhibit ECF 78-4 McDonough 3rd Affidavit

View on PACER

7 Exhibit ECF 78-1 Carter Affidavit

View on PACER

8 Exhibit ECF 3 Plaintiffs' Emergency Motion for Temporary Restraining Order

View on PACER

9 Exhibit ECF 29-5 Defendant's Pandemic Policy

View on PACER

May 27, 2020 PACER
91

STATUS REPORT Joint by Mario Burch, John Does 1-5, Keith Seth, David Smith (Attachments: # 1 Text of Proposed Order)(Williams, Edward) (Entered: 05/27/2020)

1 Text of Proposed Order

View on PACER

May 27, 2020 PACER
92

RESPONSE in Opposition re 90 MOTION to Stay re 84 Memorandum Opinion, 85 Order on Motion for TRO filed by Mario Burch, John Does 1-5, Keith Seth, David Smith.(Williams, Edward) (Entered: 05/29/2020)

May 29, 2020 PACER
93

SCHEDULING ORDER re ECF No. 91 STATUS REPORT; scheduling telephone conference on June 22, 2020 at 1:00 p.m. Signed by Judge Paula Xinis on 6/2/2020. (ybs, Deputy Clerk) (Entered: 06/02/2020)

June 2, 2020 PACER
94

LETTER ORDER denying 90 MOTION to Stay re 84 Memorandum Opinion, 85 Order on Motion for TRO by Mary Lou McDonough. Signed by Judge Paula Xinis on 6/3/2020. (ybs, Deputy Clerk) (Entered: 06/03/2020)

June 3, 2020 PACER
95

RESPONSE re 85 Order on Motion for TRO filed by Mary Lou McDonough. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4)(Koshy, Ann) (Entered: 06/05/2020)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Exhibit Exhibit 3

View on PACER

4 Exhibit Exhibit 4

View on PACER

June 5, 2020 PACER
96

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 05/20/20, before Judge Paula Xinis. Court Reporter/Transcriber Marlene Kerr, Telephone number 3013443499. Total number of pages filed: 63. 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 it may be obtained from the Court Reporter or through PACER. Redaction Request due 6/30/2020. Redacted Transcript Deadline set for 7/10/2020. Release of Transcript Restriction set for 9/8/2020.(mmk, Court Reporter) (Entered: 06/09/2020)

June 9, 2020 PACER
97

ORDER of USCA denying Motion for stay pending appeal as to 86 Notice of Appeal filed by Mary Lou McDonough (nus, Deputy Clerk) (Entered: 06/10/2020)

June 10, 2020 RECAP
98

MOTION to Appear Pro Hac Vice for Kenneth S. Steely (Filing fee $100, receipt number 0416-8701086.) by Mary Lou McDonough(Koshy, Ann) (Entered: 06/12/2020)

June 12, 2020 PACER

State / Territory: Maryland

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 21, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Pretrial and post-conviction detainees at Prince George’s County Jail, many of whom have pre-existing medical conditions and some of whom were exhibiting COVID-19 symptoms The proposed class include: a Pretrial Class, Post-Conviction Class, and the Medically Vulnerable Subclass (defined as those especially vulnerable to COVID-19 as determined by the guidelines provided by the Center for Disease Control and Prevention

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Civil Rights Corps

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Director of the Prince George's County Department of Corrections (Prince George's), State

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):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Order Duration: 2020 - 2020

Content of Injunction:

Preliminary relief granted

Preliminary relief denied

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:

CDC Guidance ordered implemented

COVID reporting ordered

COVID testing ordered/modified

COVID vaccination ordered

Independent monitor/inspector imposed/assisted

Mitigation Granted

Mitigation Requested

Out-of-cell time regulated

Population-Medically vulnerable

PPE-ordered provided to prisoners for free

Quarantine/isolation ordered

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Wellness/temperature checks ordered

Type of Facility:

Government-run