Case: Frazier v. Kelley

4:20-cv-00434 | U.S. District Court for the Eastern District of Arkansas

Filed Date: April 21, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a putative class action brought on April 21, 2020, by eleven individuals held at the Arkansas Department of Corrections, requesting reasonable accommodations for those incarcerated who face health risks from COVID-19. The plaintiffs sought a TRO and preliminary injunction requesting the immediate release and home confinement of those who are at high-risk due to age or medical conditions, and those with disabilities. The plaintiffs' TRO and preliminary injunction were d…

COVID-19 Summary: This is a putative class action brought on April 21, 2020, by eleven individuals held at the Arkansas Department of Corrections, requesting reasonable accommodations for those incarcerated who face health risks from COVID-19. The plaintiffs sought a TRO and preliminary injunction requesting the immediate release and home confinement of those who are at high-risk due to age or medical conditions, and those with disabilities. The plaintiffs' TRO and preliminary injunction were denied on May 4 and May 19, respectively. The court granted in part and denied in part the state defendants motion to dismiss on March 31, 2021, and then similarly for the Wellpath defendants on September 30, 2021. The case is ongoing.


On April 21, 2020, eleven individuals held at the Arkansas Department of Corrections (ADC) filed this emergency putative class action against the State of Arkansas at the U.S. District Court for the Eastern District of Arkansas. The plaintiffs, representing a proposed class of those currently incarcerated or to be incarcerated in the ADC during the COVID-19 pandemic, brought this lawsuit as a habeas petition under 28 U.S.C. under § 2241, and as an injunctive and declaratory action under 42 U.S.C. § 1983. Specifically, they alleged that the ADC lacked reasonable safety precautions for incarcerated individuals in violation of their Eighth Amendment rights. Additionally, the plaintiffs alleged that the denial of reasonable accommodations recommended by the CDC for correctional facilities constituted illegal discrimination against individuals with disabilities under the Americans with Disabilities Act. The plaintiffs sought declaratory judgment, injunctive relief, and/or a writ of habeas corpus for the release of at-risk populations, appropriate COVID-19 measures, and a monitor with medical expertise to ensure compliance. The plaintiffs were represented by the NAACP Legal Defense Fund, Disability Rights Arkansas, the Arkansas Civil Liberties Union Foundation, and private attorneys. The case was assigned to Judge Kristine G Baker and referred to Magistrate Judge Joe J. Volpe.

Within the proposed class were two subclasses facing a heightened risk of death or injury: the “High-Risk Subclass,” comprised of detainees over the age of 50 or with serious medical conditions, and the “Disability Subclass,” comprised of detainees with disabilities. On April 21, the plaintiffs submitted an emergency motion for TRO (temporary restraining order) and injunctive relief requiring the defendants to immediately release or transfer members of the High Risk and Disability subclass.

The plaintiffs submitted a supplemental motion for TRO and preliminary injunction on April 27, requesting that the court immediately issue a TRO requiring defendants to undertake basic social distancing and sanitation measures, in addition to the demands stipulated in the initial motion for TRO. The defendants submitted a response in opposition to the initial TRO on April 30, arguing that the ADC had already implemented most of the remedial measures the plaintiffs had requested.

The supplementary TRO was denied on May 4, 2020, however the initial emergency motion for TRO and preliminary injunction matter remained pending. 2020 WL 2110896.

Following a hearing on May 7, on May 19, the court denied the initial motion for TRO and preliminary injunction, finding that the plaintiffs had not demonstrated a likelihood of success on the merits of their Eighth Amendment and ADA claims -- additionally finding that the defendants had taken steps to limit the spread of COVID-19 by limiting visitors, providing health and safety information, providing protective equipment, enhancing hygiene and sanitation of the facilities, and implementing social distancing and release measures. 460 F.Supp.3d 799.

The defendants filed a motion to dismiss on June 22, claiming sovereign immunity, the plaintiffs' failure to state a claim and failure to exhaust state remedies.

On July 13, the plaintiffs filed an amended complaint, which added additional plaintiffs and the Arkansas Department of Health as a defendant. In this complaint, the plaintiffs also alleged that the defendants intentionally discriminated against the members of the Disability Subclass members against the Americans with Disabilities Act (ADA).

A subset of the defendants filed another motion to dismiss on August 18, claiming failure to state a claim for similar reasons as their previous motion. They also argued that the plaintiffs' added ADA claim failed to seek any reasonable accommodation that the defendants did not already provide, and sought accommodations that plaintiffs never requested before bringing suit.

A subset of the plaintiffs filed a stipulation of dismissal on October 1, which was adopted by the court on October 16. The Governor of Arkansas was dismissed from the case without prejudice and the court also allowed the dismissal of the claims of three plaintiffs without prejudice. An additional stipulation of dismissal was filed on December 18 2020 and adopted on December 28, 2020. That order dismissed claims by three plaintiffs without prejudice and dismissed Jerry Bradshaw from this action without prejudice.

On February 4, 2021, Defendant Wellpath, LLC, which provides healthcare services to inmates in DOC facilities, filed a motion to dismiss claiming failure to state a claim and immunity as an emergency responder under the Arkansas Emergency Services Act.

On March 31, the court denied the defendant's motion to dismiss the original complaint, but granted in part the defendant's motion to dismiss the amended complaint. 2021 WL 1236990. Judge Baker stated the plaintiffs had adequately stated a claim under the Eighth Amendment, Title II of the ADA, and for declaratory relief as permissible under Ex Parte Young. However, the plaintiffs' habeas claims were dismissed because they were not challenging the validity of their convictions, rather they were bringing conditions-of-confinement claims. The court also dismissed Dr. Romero on the basis of sovereign immunity.

On September 30, 2021 the court denied in part and granted in part Wellpath's motion to dismiss. Judge Baker found that the plaintiffs had sufficiently alleged Eighth Amendment claims and claims under Title II of the ADA, denying that they were immune under the Arkansas Emergency Services Act, and only dismissing the habeas claims. The court also ordered the expert to inspect and report on the facilities within 14 days.

The case is ongoing.

Summary Authors

Averyn Lee (9/23/2020)

Nicholas Gillan (11/12/2020)

Tessa McEvoy (3/6/2021)

Caitlin Kierum (10/3/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17128817/parties/frazier-v-graves/


Judge(s)

Baker, Kristine Gerhard (Arkansas)

Attorneys(s) for Plaintiff

Everett, Sarah (Arkansas)

Fernandez, Laura (Connecticut)

Genecin, Victor (New York)

Irish, Corrine A (New York)

Kemmitt, Christopher (District of Columbia)

Kendall, George H. (New York)

Koonce, Amber (New York)

Lee, Jin Hee (New York)

Merle, Natasha C. (New York)

Judge(s)

Baker, Kristine Gerhard (Arkansas)

Attorneys(s) for Plaintiff

Everett, Sarah (Arkansas)

Fernandez, Laura (Connecticut)

Genecin, Victor (New York)

Irish, Corrine A (New York)

Kemmitt, Christopher (District of Columbia)

Kendall, George H. (New York)

Koonce, Amber (New York)

Lee, Jin Hee (New York)

Merle, Natasha C. (New York)

Nichols, Thomas W (Arkansas)

Nurse−Guilford, Jenay Aretha (New York)

Okonta, Patricia (New York)

Park, Cristy L (Arkansas)

Quereshi, Ajmel (District of Columbia)

Shukur, Omavi (New York)

Spital, Samuel (New York)

Attorneys(s) for Defendant

Almefty, Kynda (Arkansas)

Bronni, Nicholas Jacob (Arkansas)

Dougherty, Kirkman T (Arkansas)

Garner, Jerry D (Arkansas)

Hatfield, Jeffrey Wahl (Arkansas)

Merritt, Jennifer L (Arkansas)

Rutledge, Leslie (Arkansas)

Steinberg, Asher (Arkansas)

Wagner, Vincent Moore (Arkansas)

Expert/Monitor/Master

Gillispie, Joseph (Arkansas)

Golob, Jonathan Louis (Michigan)

Gordon, Dona (Arkansas)

Payne, Dexter (Arkansas)

Stern, Marc F. (Washington)

Vail, Eldon (Washington)

Documents in the Clearinghouse

Document

Docket [PACER]

Frazier v. Graves

Sept. 30, 2021 Docket
2, 3 & 3-1 to 3-12

Emergency Motion for Temporary Restraining Order and Preliminary Injunction

April 21, 2020 Pleading / Motion / Brief
1

Class Action Complaint and Petition for Writ of Habeas Corpus TRO Requested

April 21, 2020 Complaint
22, 22-1 & 23

Plaintiffs' Supplemental Motion for a Temporary Restraining Order

April 27, 2020 Pleading / Motion / Brief
36-29 to 36-42

Exhibits 29 to 42 of Defendants' Response in Opposition to Plaintiffs' Emergency Motions for Temporary Restraining Order and Preliminary Injunction

April 30, 2020 Pleading / Motion / Brief
36-15 to 25-28

Exhibits 15 to 28 of Defendants' Response in Opposition to Plaintiffs' Emergency Motions for Temporary Restraining Order and Preliminary Injunction

Frazier to Kelley

April 30, 2020 Pleading / Motion / Brief
36 & 36-1 to 36-14

Defendants' Response in Opposition to Plaintiffs' Emergency Motions for Temporary Restraining Order and Preliminary Injunction with Exhibits 1 to 14

April 30, 2020 Pleading / Motion / Brief
44

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

May 4, 2020 Pleading / Motion / Brief
46 & 46-1 to 46-26

Exhibits 1 to 26 for Plaintiffs' Reply Memorandum in Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction

May 4, 2020 Declaration/Affidavit
42 & 42-1

Temporary Restraining Order

2020 WL 2110896

May 4, 2020 Order/Opinion

Resources

Title Description External URL

Civil Rights Lawyers File Complaint Against State Officials Over COVID-19 Outbreaks in Arkansas State Prisons

ACLU of Arkansas

LITTLE ROCK – Today, the NAACP Legal Defense and Educational Fund, Inc. (LDF), the law firm Squire Patton Boggs, Disability Rights Arkansas, the American Civil Liberties Union of Arkansas and attorne… April 21, 2020 https://www.acluarkansas.org/en/press-releases/civil-rights-lawyers-file-complaint-against-state-officials-over-covid-19-outbreaks

Frazier v. Kelley: LDF Files Complaint against Arkansas Officials Allowing COVID-19 to Decimate Prisons

NAACP Legal Defense and Educational Fund, Inc. (LDF)

The NAACP Legal Defense and Educational Fund, Inc. (LDF), ACLU of Arkansas, Disability Rights Arkansas, and law firm Squire Patton Boggs filed an emergency complaint against Governor Asa Hutchinson o… May 4, 2020 https://www.naacpldf.org/press-release/covid-19-in-arkansas-state-prisons/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17128817/frazier-v-graves/

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

ECF Number Description Date Link
3

MEMORANDUM re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Nicholas Frazier. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9, # 10 Exhibit Ex. 10, # 11 Exhibit Ex. 11, # 12 Exhibit Ex. 12)(Shukur, Omavi) (Entered: 04/21/2020)

April 21, 2020 PACER
2

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs (Shukur, Omavi) (Entered: 04/21/2020)

April 21, 2020 PACER
1

CLASS ACTION COMPLAINT and Petition for Writ of Habeas Corpus against All Defendants, filed by Nicholas Frazier. Fee of $400 paid. Receipt Number LIT076913. Summons issued. (Attachments: # 1 Civil Cover Sheet)(kdr) (Entered: 04/21/2020)

1 Civil Cover Sheet

View on PACER

April 21, 2020 PACER
8

NOTICE of Voluntary Dismissal by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Shukur, Omavi) (Entered: 04/22/2020)

April 22, 2020 PACER
7

WAIVER OF SERVICE Returned Executed as to Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Wendy Kelley, Benny Magness, Dexter Payne by Nicholas Frazier. (Shukur, Omavi) (Entered: 04/22/2020)

April 22, 2020 PACER
6

ORDER: To the extent pretrial matters in these actions are referred to United States Magistrate Judge Joe J. Volpe, this Court withdraws the reference. Signed by Judge Kristine G. Baker on 4/22/2020. (jbh) (Entered: 04/22/2020)

April 22, 2020 PACER
5

ORDER consolidating this case and the other inmates' pending cases with and into Nicholas Frazier v. Wendy Kelley, et al., Case No. 4:20-cv-00434-KGB-JJV; and directing all parties to make filings only in the Frazier case going forward until further ordered by the Court. Signed by Judge Kristine G. Baker on 4/22/2020. (jbh) (Entered: 04/22/2020)

April 22, 2020 PACER
4

WAIVER OF SERVICE Returned Executed as to Asa Hutchinson by Nicholas Frazier. (Shukur, Omavi) (Entered: 04/22/2020)

April 22, 2020 PACER
16

NOTICE of Appearance by Asher Steinberg on behalf of All Defendants (Steinberg, Asher) (Entered: 04/23/2020)

April 23, 2020 PACER
15

NOTICE of Appearance by Jennifer L. Merritt on behalf of Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne (Merritt, Jennifer) (Entered: 04/23/2020)

April 23, 2020 PACER
14

MOTION for Leave to Appear pro hac vice by Jin Hee Lee. Fee $100 receipt number AAREDC-3689686. Filed by All Plaintiffs (Attachments: # 1 Declaration of Jin Hee Lee)(Shukur, Omavi) (Entered: 04/23/2020)

April 23, 2020 PACER
13

NOTICE of Appearance by Jerry D. Garner on behalf of Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne (Garner, Jerry) (Entered: 04/23/2020)

April 23, 2020 PACER
12

ORDER directing the parties to confer regarding a proposed briefing and hearing schedule before 12:00 p.m., 04/24/2020; and directing counsel for the parties to advise the Court of any agreement reached by 12:00 p.m., 04/24/2020. If the parties are unable to reach agreement, the Court directs counsel for the parties to provide to the Court availability for a hearing to address matters raised in the pending emergency motion on 04/29, 04/30, or 05/01/2020, or the week of 05/04/2020; to advise the Court whether the party wishes to present evidence at such a hearing or only argument; and to propose a briefing schedule to address matters raised in the pending emergency motion. Signed by Judge Kristine G. Baker on 04/23/2020. (ajt) (Docket text modified on 4/24/2020 to correct a typographical error (jak) (Entered: 04/23/2020)

April 23, 2020 PACER
11

MOTION for Leave to Appear pro hac vice by Natasha Merle. Fee $100 receipt number BAREDC-3689313. Filed by All Plaintiffs (Attachments: # 1 Declaration of Natasha Merle)(Shukur, Omavi) (Entered: 04/23/2020)

April 23, 2020 PACER
10

MOTION for Leave to Appear pro hac vice by Ajmel Quereshi. Fee $100 receipt number AAREDC-3689250. Filed by All Plaintiffs (Attachments: # 1 Declaration of Ajmel Quereshi)(Shukur, Omavi) (Entered: 04/23/2020)

April 23, 2020 PACER
9

MOTION for Leave to Appear pro hac vice by Samuel Spital. Fee $100 receipt number AAREDC-3689219. Filed by All Plaintiffs (Attachments: # 1 Declaration of Samuel Spital)(Shukur, Omavi) (Entered: 04/23/2020)

April 23, 2020 PACER
21

ORDER granting 19 motion for admission pro hac vice of attorney Christopher Kemmitt. Mr. Kemmitt shall appear as counsel for plaintiffs in this matter and in all matters consolidated with this matter by order of the Court. Signed by Judge Kristine G. Baker on 4/24/2020. (jbh) (Entered: 04/24/2020)

April 24, 2020 PACER
20

ORDER AND NOTICE OF HEARING: The Court will conduct a hearing on 2 plaintiffs' pending emergency motion for temporary restraining order and preliminary injunction on Thursday, 5/7/2020, beginning at 9:00 a.m. in Little Rock Courtroom 4C. Defendants' response to plaintiffs' pending emergency motion for temporary restraining order and preliminary injunction - if it chooses to file one - is due by 5:00 p.m. on Thursday, 4/30/2020. Plaintiffs' reply brief in support of their motion for temporary restraining order and/or preliminary injunction - if it chooses to file one - is due by 12:00 noon on Monday, 5/4/2020. If the parties wish to file supplemental briefings with argument only following the hearing, such simultaneous briefings are due by 5:00 p.m. on Friday, 5/8/2020. If any party objects to the Court's consideration of exhibits already in the record in this matter, such objections must be made in writing and filed by 12:00 noon on Tuesday, 5/5/2020, and any responses to such objections must be made in writing and filed by 12:00 noon on Wednesday, 5/6/2020. Prior to the hearing, the Court directs the parties to exchange copies of exhibits they intend to present, or a list of exhibits if copies have already been provided, and written lists of witnesses they will or may call at the hearing, if permitted to call witnesses by the Court, by 12:00 noon on Tuesday, 5/5/2020. If the parties wish to present at the hearing rebuttal exhibits or witnesses, if permitted to call witnesses by the Court, the parties shall submit such rebuttal exhibits and written lists of such rebuttal witnesses by 12:00 noon on Wednesday, 5/6/2020. Signed by Judge Kristine G. Baker on 4/24/2020. (jbh) (Entered: 04/24/2020)

April 24, 2020 PACER
19

MOTION for Leave to Appear pro hac vice by Christopher Kemmitt. Fee $100 receipt number AAREDC-3690587. Filed by All Plaintiffs (Attachments: # 1 Declaration of Christopher Kemmitt)(Shukur, Omavi) (Entered: 04/24/2020)

April 24, 2020 PACER
18

STATUS REPORT Joint Status Report by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Merritt, Jennifer) (Entered: 04/24/2020)

April 24, 2020 PACER
17

ORDER granting 9, 10, 11, 14 motions for admission pro hac vice of attorneys Samuel Spital, Ajmel Quereshi, Natasha Merle, and Jin Hee Lee filed by attorney Omavi Shukur. Mr. Spital, Mr. Quereshi, Ms. Merle, and Ms. Lee shall appear as counsel for plaintiffs in this matter and in all matters consolidated with this matter by order of the Court. Signed by Judge Kristine G. Baker on 4/24/2020. (jbh) (Entered: 04/24/2020)

April 24, 2020 PACER
23

BRIEF IN SUPPORT re 22 Motion for TRO filed by All Plaintiffs. (Shukur, Omavi) (Entered: 04/27/2020)

April 27, 2020 PACER
22

Supplemental MOTION for Temporary Restraining Order by All Plaintiffs (Attachments: # 1 Document Proposed Order)(Shukur, Omavi) (Entered: 04/27/2020)

April 27, 2020 PACER
26

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 4/28/2020 re 22 Supplemental MOTION for Temporary Restraining Order filed by Nicholas Frazier. Court convened via telephone; After arguments from counsel, the Court took the matter under advisement. (Present for plaintiffs: Jin Hee Lee, Omavi Shukur, Corrine Irish, Cristy Park, George Kendall, Laura Fernandez and Sarah Everett; Present for Defendants: Asher Steinberg, Jennifer Merritt, Jerry Garner, and Nicholas Bronni) (Court Reporter Elaine Hinson) (tmw) (Entered: 04/28/2020)

April 28, 2020 PACER
25

NOTICE of Appearance by Nicholas Jacob Bronni on behalf of All Defendants (Bronni, Nicholas) (Entered: 04/28/2020)

April 28, 2020 PACER
24

NOTICE OF HEARING: The Court will conduct a hearing on the 22 supplemental motion for a temporary restraining on Tuesday, 4/28/2020, at 2:00 p.m. in Little Rock Courtroom 4C. The parties and counsel will participate by video or audio teleconference, with participation information to be provided by the Court to individual participants. All other persons, including members of the public, may attend the hearing at the Courthouse, where appropriate COVID-19 precautions and social distancing requirements will be strictly enforced. Signed by Judge Kristine G. Baker on 4/28/2020. (jbh) (Entered: 04/28/2020)

April 28, 2020 PACER
34

ORDER granting 27, 28, 29, 30, 31, 32 motions for admission pro hac vice of attorneys Laura Fernandez, Patricia Okonta, George H. Kendall, Jenay Nurse, and Corrine Irish. Ms. Fernandez, Ms. Okonta, Mr. Kendall, Ms. Nurse, and Ms. Irish shall appear as counsel for plaintiffs in this matter and in all matters consolidated with this matter by order of the Court. Signed by Judge Kristine G. Baker on 4/29/2020. (jbh) (Entered: 04/29/2020)

April 29, 2020 PACER
33

NOTICE OF HEARING: The Court will conduct a hearing to address the nature of the 5/7/2020, hearing on Friday, 5/1/2020, at 2:00 p.m. in Little Rock Courtroom 4C. The parties and counsel will participate by video or audio teleconference, with participation information to be provided by the Court to individual participants. All other persons, including members of the public, may attend the hearing at the Courthouse, where appropriate COVID-19 precautions and social distancing requirements will be strictly enforced. Signed by Judge Kristine G. Baker on 4/29/2020. (jbh) (Entered: 04/29/2020)

April 29, 2020 PACER
32

MOTION to Amend/Correct 31 MOTION for Leave to Appear pro hac vice by Corinne Irish. Fee $100 receipt number AAREDC-3693066. Filed Corrine Irish Motion for Leave to Appear pro hac vice by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Corrine Irish)(Shukur, Omavi) (Entered: 04/29/2020)

April 29, 2020 PACER
31

MOTION for Leave to Appear pro hac vice by Corinne Irish. Fee $100 receipt number AAREDC-3693066. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Corinne Irish)(Shukur, Omavi) (Entered: 04/29/2020)

April 29, 2020 PACER
30

MOTION for Leave to Appear pro hac vice by Jenay Nurse. Fee $100 receipt number AAREDC-3693061. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Jenay Nurse)(Shukur, Omavi) (Entered: 04/29/2020)

April 29, 2020 PACER
29

MOTION for Leave to Appear pro hac vice by George H. Kendall. Fee $100 receipt number AAREDC-3693051. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of George H. Kendall)(Shukur, Omavi) (Entered: 04/29/2020)

April 29, 2020 PACER
28

MOTION for Leave to Appear pro hac vice by Patricia Okonta. Fee $100 receipt number AAREDC-3693027. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Patricia Okonta)(Shukur, Omavi) (Entered: 04/29/2020)

April 29, 2020 PACER
27

MOTION for Leave to Appear pro hac vice by Laura Fernandez. Fee $100 receipt number AAREDC-3693016. Filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Attachments: # 1 Declaration of Laura Fernandez)(Shukur, Omavi) (Entered: 04/29/2020)

April 29, 2020 PACER
36

RESPONSE in Opposition re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by All Defendants. (Attachments: # 1 Exhibit Declaration of Dexter Payne, # 2 Exhibit March 11, 2020 Memorandum from Wendy Kelley, # 3 Exhibit ADC March 16, 2020 Press Release, # 4 Exhibit March 19, 2020 Visitation Poster, # 5 Exhibit March 19, 2020 Furlough Memorandum, # 6 Exhibit March 20, 2020 Poster, # 7 Exhibit Public Health Notice, # 8 Exhibit March 27, 2020 Memorandum from Wellpath, # 9 Exhibit CDC Guidelines for Correctional Facilities, # 10 Exhibit March 27, 2020 Guidance of Arkansas Department of Health, # 11 Exhibit Declaration of Kelley Garner, # 12 Exhibit "Protect Yourself" Poster, # 13 Exhibit "Clean Hands" Poster, # 14 Exhibit "Cover Your Cough" Poster, # 15 Exhibit "Wash Hands" Poster (in English), # 16 Exhibit "Wash Hands" Poster (in Spanish), # 17 Exhibit Wellpath Informational Posters, # 18 Exhibit CDC Cloth Mask Recommendation, # 19 Exhibit April 13, 2020 Guidance of Arkansas Department of Health, # 20 Exhibit April 15, 2020 Guidance of Arkansas Department of Health, # 21 Exhibit Frazier Sentencing Orders, # 22 Exhibit Frazier Disciplinary Summary and Reports, # 23 Exhibit Declaration of Dona Gordon, # 24 Exhibit Hampton Sentencing Order, # 25 Exhibit Hampton Criminal Information and Affidavit, # 26 Exhibit Kent Sentencing Order, # 27 Exhibit Kent Disciplinary Summary and Reports, # 28 Exhibit Kent ADC Page, # 29 Exhibit Kouri Disciplinary Summary, # 30 Exhibit Neeley Sentencing Order, # 31 Exhibit Nickson Sentencing Order, # 32 Exhibit Nickson Disciplinary Summary and Reports, # 33 Exhibit Otwell Sentencing Orders, # 34 Exhibit Serrato Sentencing Orders, # 35 Exhibit Serrato Disciplinary Summary, # 36 Exhibit Stiggers Disciplinary Summary and Reports, # 37 Exhibit Declaration of Terri Grigsby, # 38 Exhibit Declaration of Jacqueline Michelle Buterbaugh, # 39 Exhibit Declaration of Gloria Thompson, # 40 Exhibit Declaration of Jason Gray, # 41 Exhibit Declaration of April Gibson, # 42 Exhibit Sample ADC COVID-19 Test Results Notifications)(Steinberg, Asher) (Entered: 04/30/2020)

1

View on RECAP

April 30, 2020 PACER
35

NOTICE of Appearance by Vincent Moore Wagner on behalf of Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne (Wagner, Vincent) (Entered: 04/30/2020)

April 30, 2020 PACER
40

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: STATUS CONFERENCE held on 5/1/2020. The parties convened via telephone and discussed status and options to proceed. The Court took the matters under advisement and will issue a written ruling. (Present for plaintiffs: Jin Hee Lee, Christopher Kemmitt, Corrine Irish, Cristy Park, Laura Fernandez, Natasha Merlem Omavi Shukur, and Sarah Everett; Present for defendants: Jennifer Merritt, Asher Steinberg, Jerry Garner, and Nicholas Bronni) (Court Reporter Elaine Hinson) (tmw) (Entered: 05/01/2020)

May 1, 2020 PACER
39

NOTICE OF DOCKET CORRECTION re 38 Brief in Support. CORRECTION: The correct exhibits 1 and 2 were added to docket entry 38 based on the attached correspondence. (jak) (Entered: 05/01/2020)

May 1, 2020 PACER
38

BRIEF IN SUPPORT re 37 Motion for Discovery filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Shukur, Omavi) (Additional attachment(s) added on 5/1/2020: # 5 Exhibit 1 - Correct (submitted 5/1/2020)) (jak). (Additional attachment(s) added on 5/1/2020: # 6 Exhibit 2 - Correct (submitted 5/1/2020)) (jak). (Entered: 05/01/2020)

May 1, 2020 PACER
37

MOTION for Discovery by All Plaintiffs (Shukur, Omavi) (Entered: 05/01/2020)

May 1, 2020 PACER
41

RESPONSE in Opposition re 37 MOTION for Discovery filed by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Attachments: # 1 Exhibit 1 - Wellpath Emails, # 2 Exhibit 2 - 4/6/20 FOIA Request, # 3 Exhibit 3 - 4/29/20 FOIA Request)(Merritt, Jennifer) (Entered: 05/03/2020)

May 3, 2020 PACER
46

ADDENDUM filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams to 44 Reply to Response to Motion,. (Attachments: # 1 Exhibit Ex. 1 - Second Declaration of Nicholas Frazier, April 29, 2020, # 2 Exhibit Ex. 2 - Second Declaration of Alvin Hampton, April 29, 2020, # 3 Exhibit Ex. 3 - Second Declaration of Marvin Kent, April 29, 2020, # 4 Exhibit Ex. 4 - Second Declaration of Michael Kouri April 26, 2020, # 5 Exhibit Ex. 5 - Second Declaration of Jonathan Neeley, April 29, 2020, # 6 Exhibit Ex. 6 - Second Declaration of Alfred Nickson, April 29, 2020, # 7 Exhibit Ex. 7 - Second Declaration of Harold Otwell, April 29, 2020, # 8 Exhibit Ex. 8 - Second Declaration of Trinidad Serrato, April 29, 2020, # 9 Exhibit Ex. 9 - Second Declaration Robert Stiggers, April 29, 2020, # 10 Exhibit Ex. 10 - Second Declaration Victor Williams, April 29, 2020, # 11 Exhibit Ex. 11 - Expert Declaration of Eldon Vail, May 3, 2020, # 12 Exhibit Ex. 12 - Second Expert Declaration of Dr. Marc Stern, May 3, 2020, # 13 Exhibit Ex. 13 - Declaration of Katina Anderson May 3, 2020, # 14 Exhibit Ex. 14 - Declaration of Audrey Brown May 3, 2020, # 15 Exhibit Ex. 15 - Declaration of Carrie Coleman, May 3, 2020 (pdf), # 16 Exhibit Ex. 16 - Declaration of Nicole Cleveland, May 3, 2020, # 17 Exhibit Ex. 17 - Declaration of Susie Anita Daniels, May 3, 2020, # 18 Exhibit Ex. 18 - Declaration of Joshua Gillispie May 3, 2020, # 19 Exhibit Ex. 19 - April 21 Letter from Joshua Gillispie to Warden and Medical Services, # 20 Exhibit Ex. 20 - April 22 Letter from Joshua Gillispie to Warden and Medical Services, # 21 Exhibit Ex. 21 - Declaration of Randi Harper May 3, 2020, # 22 Exhibit Ex. 22 - Declaration of Carlton Hayes May 2, 2020, # 23 Exhibit Ex. 23 - Declaration of William Holley May 3, 2020, # 24 Exhibit Ex. 24 - Declaration of Kenna Lewis May 3, 2020, # 25 Exhibit Ex. 25 - Declaration of Janice Nicholson May 3, 2020, # 26 Exhibit Ex. 26 - Declaration of Cecilia Sagers Ponder, May 3, 2020, # 27 Exhibit Ex. 27 - Declaration of Juanita Singleton, May 3, 2020, # 28 Exhibit Ex. 28 - Declaration of Roxcena Smith May 1, 2020, # 29 Exhibit Ex. 29 - Declaration of Valencia White May 1, 2020, # 30 Exhibit Ex. 30 - Declaration of Tonya Williams May 3, 2020, # 31 Exhibit Ex. 31 - Department of Correction Secretarys Board Report March 2020, # 32 Exhibit Ex. 32 - April 24, 2020 ADH Letter to ADC Employee regarding positive test results and work restrictions, # 33 Exhibit Ex. 33 - Nicholas Frazier Affidavits and Grievances, April 2020, # 34 Exhibit Ex. 34 - Alvin Hampton Grievances, April 2020, # 35 Exhibit Ex. 35 - Michael Kouri Grievances, April 2020, # 36 Exhibit Ex. 36 - Jonathan Neeley Grievances, April 2020, # 37 Exhibit Ex. 37 - Harold Otwell Grievances, April 2020, # 38 Exhibit Ex. 38 - Trinidad Serrato Grievances, April 2020, # 39 Exhibit Ex. 39 - Victor Williams Grievances, April 2020, # 40 Exhibit Ex. 40 - Search Results for Citrus Breeze on EPA List of Disinfectants for Use Against SARS-CoV-2, # 41 Exhibit Ex. 41 - ADC Total of Medical Grievances Jan 1 - April 1, 2020, # 42 Exhibit Ex. 42 - ADC COVID Response, # 43 Exhibit Ex. 43 - Eldon Vail Curriculum Vitae, # 44 Exhibit Ex. 44 - Image ADC Graduation Ceremony 3.27.2020, # 45 Exhibit Ex. 45 - Image Cummins Unit Facebook Post, # 46 Exhibit Ex. 46 - Food Tray (Cummins Unit), # 47 Exhibit Ex. 47 - ADC Sergeant Facebook Post_Redacted, # 48 Exhibit Ex. 48 - Dr. Naveen Patil (ADH) West Memphis Email to Austin Porter (ADH) 4.13.2020, # 49 Exhibit Ex. 49 - Dr. Naveen Patil (ADH) Email to Nate Smith (ADH) 4.12.2020, # 50 Exhibit Ex. 50 - Dr. Naveen Patil (ADH) Hand Sanitizer Email to Nate Smith (ADH) 4.10.2020, # 51 Exhibit Ex. 51 - First Declarations (Plaintiff Signed), April 26, 2020 April 27, 2020, # 52 Exhibit Ex. 52 - Image - Food Tray 2, # 53 Exhibit Ex. 53 - Image - Food Tray 5, # 54 Exhibit Ex. 54 - Image - Food Tray 6)(Shukur, Omavi) (Entered: 05/04/2020)

1 Exhibit Ex. 1 - Second Declaration of Nicholas Frazier, April 29, 2020

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2 Exhibit Ex. 2 - Second Declaration of Alvin Hampton, April 29, 2020

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3 Exhibit Ex. 3 - Second Declaration of Marvin Kent, April 29, 2020

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4 Exhibit Ex. 4 - Second Declaration of Michael Kouri April 26, 2020

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5 Exhibit Ex. 5 - Second Declaration of Jonathan Neeley, April 29, 2020

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6 Exhibit Ex. 6 - Second Declaration of Alfred Nickson, April 29, 2020

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7 Exhibit Ex. 7 - Second Declaration of Harold Otwell, April 29, 2020

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8 Exhibit Ex. 8 - Second Declaration of Trinidad Serrato, April 29, 2020

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9 Exhibit Ex. 9 - Second Declaration Robert Stiggers, April 29, 2020

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10 Exhibit Ex. 10 - Second Declaration Victor Williams, April 29, 2020

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11 Exhibit Ex. 11 - Expert Declaration of Eldon Vail, May 3, 2020

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12 Exhibit Ex. 12 - Second Expert Declaration of Dr. Marc Stern, May 3, 2020

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13 Exhibit Ex. 13 - Declaration of Katina Anderson May 3, 2020

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14 Exhibit Ex. 14 - Declaration of Audrey Brown May 3, 2020

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15 Exhibit Ex. 15 - Declaration of Carrie Coleman, May 3, 2020 (pdf)

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16 Exhibit Ex. 16 - Declaration of Nicole Cleveland, May 3, 2020

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17 Exhibit Ex. 17 - Declaration of Susie Anita Daniels, May 3, 2020

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18 Exhibit Ex. 18 - Declaration of Joshua Gillispie May 3, 2020

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19 Exhibit Ex. 19 - April 21 Letter from Joshua Gillispie to Warden and Medical Ser

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20 Exhibit Ex. 20 - April 22 Letter from Joshua Gillispie to Warden and Medical Ser

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21 Exhibit Ex. 21 - Declaration of Randi Harper May 3, 2020

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22 Exhibit Ex. 22 - Declaration of Carlton Hayes May 2, 2020

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23 Exhibit Ex. 23 - Declaration of William Holley May 3, 2020

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24 Exhibit Ex. 24 - Declaration of Kenna Lewis May 3, 2020

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25 Exhibit Ex. 25 - Declaration of Janice Nicholson May 3, 2020

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26 Exhibit Ex. 26 - Declaration of Cecilia Sagers Ponder, May 3, 2020

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27 Exhibit Ex. 27 - Declaration of Juanita Singleton, May 3, 2020

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28 Exhibit Ex. 28 - Declaration of Roxcena Smith May 1, 2020

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29 Exhibit Ex. 29 - Declaration of Valencia White May 1, 2020

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30 Exhibit Ex. 30 - Declaration of Tonya Williams May 3, 2020

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31 Exhibit Ex. 31 - Department of Correction Secretarys Board Report March 2020

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32 Exhibit Ex. 32 - April 24, 2020 ADH Letter to ADC Employee regarding positive te

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33 Exhibit Ex. 33 - Nicholas Frazier Affidavits and Grievances, April 2020

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34 Exhibit Ex. 34 - Alvin Hampton Grievances, April 2020

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35 Exhibit Ex. 35 - Michael Kouri Grievances, April 2020

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36 Exhibit Ex. 36 - Jonathan Neeley Grievances, April 2020

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37 Exhibit Ex. 37 - Harold Otwell Grievances, April 2020

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38 Exhibit Ex. 38 - Trinidad Serrato Grievances, April 2020

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39 Exhibit Ex. 39 - Victor Williams Grievances, April 2020

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40 Exhibit Ex. 40 - Search Results for Citrus Breeze on EPA List of Disinfectants f

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41 Exhibit Ex. 41 - ADC Total of Medical Grievances Jan 1 - April 1, 2020

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42 Exhibit Ex. 42 - ADC COVID Response

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43 Exhibit Ex. 43 - Eldon Vail Curriculum Vitae

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44 Exhibit Ex. 44 - Image ADC Graduation Ceremony 3.27.2020

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45 Exhibit Ex. 45 - Image Cummins Unit Facebook Post

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46 Exhibit Ex. 46 - Food Tray (Cummins Unit)

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47 Exhibit Ex. 47 - ADC Sergeant Facebook Post_Redacted

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48 Exhibit Ex. 48 - Dr. Naveen Patil (ADH) West Memphis Email to Austin Porter (ADH

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49 Exhibit Ex. 49 - Dr. Naveen Patil (ADH) Email to Nate Smith (ADH) 4.12.2020

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50 Exhibit Ex. 50 - Dr. Naveen Patil (ADH) Hand Sanitizer Email to Nate Smith (ADH)

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51 Exhibit Ex. 51 - First Declarations (Plaintiff Signed), April 26, 2020 April 27

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52 Exhibit Ex. 52 - Image - Food Tray 2

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53 Exhibit Ex. 53 - Image - Food Tray 5

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54 Exhibit Ex. 54 - Image - Food Tray 6

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May 4, 2020 PACER

NOTICE OF DOCKET CORRECTION re 44 Reply. CORRECTION: The docket text was modified to correct the linkage to 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. (jak)

May 4, 2020 PACER
45

Mail Returned Undeliverable as to George Kendall re 1 Class Action Complaint. (fjg) (Entered: 05/04/2020)

May 4, 2020 PACER
44

REPLY MEMORANDUM in Support re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by John Doe, Nicholas Frazier, Alvin Hampton, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Shukur, Omavi) (Docket text modified on 5/4/2020 to correct the linkage) (jak) (Entered: 05/04/2020)

May 4, 2020 PACER
43

ORDER directing the parties to abide by the evidentiary procedures outlined in this Order for the 5/7/2020, hearing; and holding in abeyance 37 plaintiffs' motion for expedited discovery. Defendants need not respond to plaintiffs' requests for production at this time. Signed by Judge Kristine G. Baker on 5/4/2020. (jbh) (Entered: 05/04/2020)

May 4, 2020 PACER
42

TEMPORARY RESTRAINING ORDER provisionally denying 22 plaintiffs' supplemental motion for temporary restraining order; keeping under advisement 2 plaintiffs' emergency motion for temporary restraining order and preliminary injunction; and directing the Clerk to terminate Mr. Chadick as a defendant in this action. Signed by Judge Kristine G. Baker on 5/4/2020. (jbh) (Additional attachment(s) added on 5/5/2020: # 1 Court's Exhibit A) (thd). (Entered: 05/04/2020)

May 4, 2020 RECAP
56

AMENDED DOCUMENT by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. Amendment to 48 Exhibit List, (Shukur, Omavi) (Entered: 05/05/2020)

May 5, 2020 PACER
55

NOTICE OF DOCKET CORRECTION re: 42 Temporary Restraining Order. CORRECTION: The Court's Exhibit A was omitted from the original document. Exhibit A was added as an attachment to docket entry 42 and is attached hereto for service on the parties. (thd) (Entered: 05/05/2020)

May 5, 2020 PACER
54

NOTICE by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers (Attachments: # 1 Ex. 1- 2020-05-04-023-Order)(Shukur, Omavi) (Entered: 05/05/2020)

May 5, 2020 PACER
53

NOTICE by All Defendants Defendants' Objections to Plaintiffs' Exhibits (Merritt, Jennifer) (Entered: 05/05/2020)

May 5, 2020 PACER
52

Witness List by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams(Shukur, Omavi) (Entered: 05/05/2020)

May 5, 2020 PACER
51

AMENDED DOCUMENT by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. Amendment to 48 Exhibit List, (Attachments: # 1 Exhibit 72, # 2 Exhibit 73, # 3 Exhibit 74, # 4 Exhibit 75, # 5 Exhibit 76, # 6 Exhibit 77, # 7 Exhibit 78, # 8 Exhibit 79, # 9 Exhibit 80, # 10 Exhibit 81, # 11 Exhibit 82)(Shukur, Omavi) (Entered: 05/05/2020)

May 5, 2020 PACER
50

Exhibit List with Exhibits 81-104 by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Attachments: # 1 Exhibit 81.Varner Cleaning Summary;, # 2 Exhibit 82.May 4, 2020 Bradshaw Email;, # 3 Exhibit 83.April 13, 2020 ORCU Memo re: Sanitation Details;, # 4 Exhibit 84.April 8, 2020 Kelley Email re: COVID-19 Update;, # 5 Exhibit 85.April 14, 2020 Email re: Distancing & Meals at Varner Unit;, # 6 Exhibit 86.April 15, 2020 Kelley Email re: Programs;, # 7 Exhibit 87.April 16, 2020 Email re: Distancing at Varner Unit;, # 8 Exhibit 88.April 24, 2020 Cummins Restrictive Housing Clean Log;, # 9 Exhibit 89.April 29, 2020 Memo from ORCU re: Recreation & Sanitation;, # 10 Exhibit 90.April 30, 2020 Kelley Email re: Distancing in Barracks;, # 11 Exhibit 91.March 11, 2020 Payne Email re: Limiting Staff Travel;, # 12 Exhibit 92.March 21, 2020 Payne Email re: Sanitizing Transportation Vehicles;, # 13 Exhibit 93.March 23, 2020 Email re: Social Distancing at Varner;, # 14 Exhibit 94.March 24, 2020 Payne Email re: Hand Sanitizer & Soap for All Units;, # 15 Exhibit 95.March 26, 2020 Email re: COVID Isolation Procedures at Varner SuperMax;, # 16 Exhibit 96.May 3, 2020 Payne Email re: Social Distancing in Barracks with Attachment;, # 17 Exhibit 97.Varner Unit April Citrus Breeze Chemical Inventory Log;, # 18 Exhibit 98.Varner Unit April Formula 10.6 Chemical Inventory Log;, # 19 Exhibit 99.Varner Unit April Razor Blue Chemical Inventory Log;, # 20 Exhibit 100.Varner Unit April Sparkle Plus Chemical Inventory Log;, # 21 Exhibit 101.Varner Unit March Citrus Breeze Chemical Inventory Log;, # 22 Exhibit 102.Varner Unit March Formula 10.6 Chemical Inventory Log;, # 23 Exhibit 103.Varner Unit March Razor Blue Chemical Inventory Log; and, # 24 Exhibit 104.Varner Unit March Sparkle Plus Chemical Inventory Log.)(Garner, Jerry) (Entered: 05/05/2020)

1 Exhibit 81.Varner Cleaning Summary;

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2 Exhibit 82.May 4, 2020 Bradshaw Email;

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3 Exhibit 83.April 13, 2020 ORCU Memo re: Sanitation Details;

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4 Exhibit 84.April 8, 2020 Kelley Email re: COVID-19 Update;

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5 Exhibit 85.April 14, 2020 Email re: Distancing & Meals at Varner Unit;

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6 Exhibit 86.April 15, 2020 Kelley Email re: Programs;

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7 Exhibit 87.April 16, 2020 Email re: Distancing at Varner Unit;

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8 Exhibit 88.April 24, 2020 Cummins Restrictive Housing Clean Log;

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9 Exhibit 89.April 29, 2020 Memo from ORCU re: Recreation & Sanitation;

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10 Exhibit 90.April 30, 2020 Kelley Email re: Distancing in Barracks;

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11 Exhibit 91.March 11, 2020 Payne Email re: Limiting Staff Travel;

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12 Exhibit 92.March 21, 2020 Payne Email re: Sanitizing Transportation Vehicles;

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13 Exhibit 93.March 23, 2020 Email re: Social Distancing at Varner;

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14 Exhibit 94.March 24, 2020 Payne Email re: Hand Sanitizer & Soap for All Units;

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15 Exhibit 95.March 26, 2020 Email re: COVID Isolation Procedures at Varner SuperMa

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16 Exhibit 96.May 3, 2020 Payne Email re: Social Distancing in Barracks with Attach

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17 Exhibit 97.Varner Unit April Citrus Breeze Chemical Inventory Log;

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18 Exhibit 98.Varner Unit April Formula 10.6 Chemical Inventory Log;

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19 Exhibit 99.Varner Unit April Razor Blue Chemical Inventory Log;

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20 Exhibit 100.Varner Unit April Sparkle Plus Chemical Inventory Log;

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21 Exhibit 101.Varner Unit March Citrus Breeze Chemical Inventory Log;

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22 Exhibit 102.Varner Unit March Formula 10.6 Chemical Inventory Log;

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23 Exhibit 103.Varner Unit March Razor Blue Chemical Inventory Log; and

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24 Exhibit 104.Varner Unit March Sparkle Plus Chemical Inventory Log.

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May 5, 2020 PACER
49

Exhibit List with Exhibits 43-80 by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Attachments: # 1 Document 43.April 13, 2020 Payne Email re: Staff Testing for COVID-19;, # 2 Exhibit 44.April 15, 2020 Kelley Email re: N95 Masks & Sanitizer;, # 3 Exhibit 45.April 16, 2020 Emails re: Clear Barriers;, # 4 Exhibit 46.April 20, 2020 Bradshaw-Payne Emails re: Steps to Enforce Social Distancing;, # 5 Exhibit 47.April 30, 2020 Payne Email re: Masks During Transports;, # 6 Exhibit 48.April 4, 2020 Email to All DOC Staff re: COVID Stats;, # 7 Exhibit 49.March 10, 2020 Email with Arkansas Department of Health & ADC Joint Effort;, # 8 Exhibit 50.March 10, 2020 Email re: Obtaining Masks;, # 9 Exhibit 51.March 16, 2020 Kelley Email re: Screening and Visitation;, # 10 Exhibit 52.March 30, 2020 Email re: Correctional Officer Testing;, # 11 Exhibit 53.March 27, 2020 Email re: DOC & ADH Guidance Revisions;, # 12 Exhibit 54.March 22, 2020 Email re: Screening and Thermometers;, # 13 Exhibit 55.Plans for New Commitment Intake Process;, # 14 Exhibit 56.Second Declaration of Dexter Payne;, # 15 Exhibit 57.March 23, 2020 Payne Email re: NIC CV Information Page;, # 16 Exhibit 58.March 30, 3030 Bradshaw-Payne Emails re: How to Protect Self & Coworkers;, # 17 Exhibit 59.April 2, 2020 Payne Email re: COVID-19;, # 18 Exhibit 60.April 8, 2020 Payne Email re: Inmate Visitation;, # 19 Exhibit 61.April 14, 2020 FEMA Email;, # 20 Exhibit 62.April 15, 2020 Kelley Email re: COVID Positive Guidance;, # 21 Exhibit 63.April 16, 2020 Email re: Return to Work Guidance;, # 22 Exhibit 64.April 16, 2020 Payne Email re: Employees Returning to Work Fulltime;, # 23 Exhibit 65.April 17, 2020 ORCU Memo re: Face Masks;, # 24 Exhibit 66.April 20, 2020 Bradshaw-Payne Email re: Use of Cloth Masks;, # 25 Exhibit 67.April 21, 2020 Payne Email re: Use of Cloth Face Masks;, # 26 Exhibit 68.April 23, 2020 Payne Email re: COVID Webinar;, # 27 Exhibit 69.April 27, 2020 ORCU Memo;, # 28 Exhibit 70.April 27, 2020 Payne Email re: How to Protect Yourself and Others;, # 29 Exhibit 71.May 1, 2020 Email re: PPE Guide;, # 30 Exhibit 72.April 12, 2020 Payne Email re: Additional Cleaning of Entrance Bldgs.;, # 31 Exhibit 73.Homeland Security Return-to-Work Guidance;, # 32 Exhibit 74.ORCU Photographs;, # 33 Exhibit 75.Citrus Breeze III Information Page;, # 34 Exhibit 76.Cummins Unit Chemical Inventory Log;, # 35 Exhibit 77.Industry Stock Transfer Forms for Cloth Masks;, # 36 Exhibit 78.ORCU Plaintiffs Mask Receipts;, # 37 Exhibit 79.ORCU Staff Mask Issuance Log;, # 38 Exhibit 80.Sales Orders for Masks & Respirators;)(Garner, Jerry) (Entered: 05/05/2020)

May 5, 2020 PACER
48

Exhibit List for Preliminary Hearing by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Shukur, Omavi) (Entered: 05/05/2020)

May 5, 2020 PACER
47

OBJECTIONS by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Irish, Corrine) (Entered: 05/05/2020)

May 5, 2020 PACER
61

RESPONSE re 53 Notice (Other) Plaintiffs' Responses to Defendants Objections to Plaintiffs' Filed Exhibits by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Irish, Corrine) (Entered: 05/06/2020)

May 6, 2020 PACER
60

AMENDED DOCUMENT by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. Amendment to 57 Exhibit List,,,,, Amended Rebuttal (Attachments: # 1 Exhibit Ex. 96. - Email to Wendy Kelley, March 23, 2020, # 2 Exhibit Ex. 97 - Second Declaration of Michael Kouri, May 6, 2020)(Quereshi, Ajmel) (Entered: 05/06/2020)

May 6, 2020 PACER
59

RESPONSE re 47 Objection by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne (Merritt, Jennifer) (Entered: 05/06/2020)

May 6, 2020 PACER
58

Witness List by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne(Merritt, Jennifer) (Entered: 05/06/2020)

May 6, 2020 PACER
57

Exhibit List Rebuttal by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Attachments: # 1 Exhibit Ex. 83 - Sanitation Issuance Logs, Barbara Ester Unit, # 2 Exhibit Ex. 84 - Pine Bluff Unit, Beach Issuance Daily Logs, # 3 Exhibit Ex. 85 - Declaration of Harold Scott Otwell, May 5, 2020, # 4 Exhibit Ex. 86 - Declaration of Jonathan Neeley, May 5, 2020, # 5 Exhibit Ex. 87 - Email from Dexter Payne, April 24, 2020, Employees that Asymptomatic, # 6 Exhibit Ex. 88 - Email from John Craig, April 30, 2020, Inmate/Resident Social Distancing, # 7 Exhibit Ex. 89 - Memo from Doris Greer, COVID-19 Updated Precautions, May 4, 2020, # 8 Exhibit Ex. 90 - Email from Dexter Payne, April 21, 2020, Masks During Transports, # 9 Exhibit Ex. 91 - ADC FY19 Statistical Information Trends Website, April 10, 2020, # 10 Exhibit Ex. 92 - Center for Disease Control, Cleaning and Disinfection for Households, # 11 Exhibit Ex. 93 - Email from James Gibson, April 30, 2020, Inmate/Resident Social Distancing, # 12 Exhibit Ex. 94 - Email from Jared Byers, April 27, 2020, Masks, # 13 Exhibit Ex. 95 - Article from Arkansas Democrat Gazette, May 6, 2020, Hutchinson Relaxes Curbs on Recreational Travelers)(Quereshi, Ajmel) (Entered: 05/06/2020)

May 6, 2020 PACER
62

MINUTES for proceedings held before Judge Kristine G. Baker: MOTION HEARING held on 5/7/2020 re 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Nicholas Frazier et al. Court convened via telephone; After witness testimony and arguments from counsel, the Court took the matter under advisement. The Court will issue a written ruling. (Present for Plaintiffs: Jin Hee Lee, Omavi Shukur, Christopher Kemmitt, George Kendall, Natasha Merle, Ajmel Quereshi, Corrine Irish, and Patricia Okonta; Present for defendants: Asher Steinberg, Jennifer Merritt, Jerry Garner and Nicholas Bronni) (Court Reporter Elaine Hinson and Margie Kruse.) (tmw) (Entered: 05/07/2020)

May 7, 2020 PACER
65

BRIEF IN SUPPORT re 3 Memorandum, 2 Motion for TRO and Preliminary Injunction filed by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Shukur, Omavi) (Entered: 05/08/2020)

May 8, 2020 PACER
64

TRIAL BRIEF by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne(Steinberg, Asher) (Entered: 05/08/2020)

May 8, 2020 PACER
63

TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on 5/7/2020, before Judge Kristine G. Baker. Court Reporters Elaine Hinson and Margaret M. Kruse. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. DEADLINES: Notice of Intent to Request Redaction due 5/15/2020. Redaction Request due 5/29/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/6/2020. (fcd) (Entered: 05/08/2020)

May 8, 2020 PACER
67

BRIEF IN SUPPORT re 66 Motion for Order Taking Judicial Notice of New COVID-19 Infection Data filed by All Plaintiffs. (Shukur, Omavi) (Entered: 05/14/2020)

May 14, 2020 PACER
66

MOTION for Order Taking Judicial Notice of New COVID-19 Infection Data by All Plaintiffs (Shukur, Omavi) (Entered: 05/14/2020)

May 14, 2020 PACER
68

ORDER denying 2 plaintiffs' motion for preliminary injunction. Signed by Judge Kristine G. Baker on 5/19/2020. (jbh) (Entered: 05/19/2020)

May 19, 2020 RECAP
69

MOTION to Stay Rule 26(f) Conference & Discovery by All Defendants (Merritt, Jennifer) (Entered: 05/27/2020)

May 27, 2020 PACER
71

BRIEF IN SUPPORT re 70 Motion for Issuance of an Initial Scheduling Order filed by All Plaintiffs. (Attachments: # 1 Exhibit)(Shukur, Omavi) (Entered: 05/28/2020)

May 28, 2020 PACER
70

MOTION for Issuance of an Initial Scheduling Order by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Shukur, Omavi) (Entered: 05/28/2020)

May 28, 2020 PACER
73

REPLY to Response to Motion re 70 MOTION for Issuance of an Initial Scheduling Order filed by All Plaintiffs. (Shukur, Omavi) (Entered: 05/29/2020)

May 29, 2020 PACER
72

RESPONSE in Opposition re 70 MOTION for Issuance of an Initial Scheduling Order filed by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne. (Merritt, Jennifer) (Entered: 05/29/2020)

May 29, 2020 PACER
75

INITIAL SCHEDULING ORDER: Rule 26(f) Conference to occur by 6/11/2020; Rule 26(f) Report due by 6/25/2020; Bench Trial set for sometime during the week of 4/5/2021 at 09:00 AM in Little Rock Courtroom # 4C before Judge Kristine G. Baker. Signed at the direction of the Court on 06/04/2020. (tmw) (Entered: 06/04/2020)

June 4, 2020 PACER
74

ORDER denying 69 defendants' motion to stay discovery; and granting 70 plaintiffs' emergency motion for initial scheduling order. The Court will enter an initial scheduling order by separate order. Signed by Judge Kristine G. Baker on 6/4/2020. (jbh) (Entered: 06/04/2020)

June 4, 2020 RECAP
76

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Defendants (Attachments: # 1 Document Brief in Support)(Steinberg, Asher) (Entered: 06/22/2020)

June 22, 2020 PACER
77

NOTICE by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams (Merle, Natasha) (Entered: 06/23/2020)

June 23, 2020 PACER
78

NOTICE by All Defendants re 77 Notice (Other) Notice of Violation of Ark. R. Prof. Conduct 4.2 (Merritt, Jennifer) (Entered: 06/24/2020)

June 24, 2020 PACER
80

REPORT of Rule 26(f) Planning Meeting by John Doe, Nicholas Frazier, Alvin Hampton, Marvin Kent, Michael Kouri, Jonathan Neeley, Alfred Nickson, Harold Otwell, Trinidad Serrato, Robert Stiggers, Victor Williams. (Shukur, Omavi) (Entered: 06/25/2020)

June 25, 2020 PACER
79

NOTICE OF HEARING setting a hearing via telephone on Tuesday, 6/30/2020, at 2:30 p.m. CT in Little Rock Courtroom 4C. Signed by Judge Kristine G. Baker on 6/25/2020. (jbh) (Entered: 06/25/2020)

June 25, 2020 PACER
81

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) MINUTES for proceedings held before Judge Kristine G. Baker: Telephone Conference held on 6/30/2020. The parties convened; After arguments from counsel, the Court directed the parties to confer; The Court took the matter under advisement and will issue a written ruling. (Present for plaintiffs: Natasha Merle, Ajmel Quereshi, George Kendall, Laura Fernandez, Omavi Shukur; Present for defendants: Jennifer Merritt, Jerry Garner, and Christine Cryer) (Court Reporter Suzanne McKennon) (tmw) (Entered: 06/30/2020)

June 30, 2020 PACER
82

Unopposed MOTION for Extension of Time to File Response/Reply as to 76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Plaintiffs (Everett, Sarah) (Entered: 07/06/2020)

July 6, 2020 PACER
83

ORDER granting 82 plaintiffs' unopposed motion for extension of time to oppose defendants' motion to dismiss. Plaintiffs shall have up to, and including, 07/13/2020, to oppose defendants' motion to dismiss. Signed by Judge Kristine G. Baker on 07/07/2020. (ajt) (Entered: 07/07/2020)

July 7, 2020 PACER
84

AMENDED Class Action Complaint and PETITION for Writ of Habeas Corpus against All Defendants filed by All Plaintiffs. Summons issued as to Nathaniel Smith, Wellpath LLC and returned to counsel for service. (fjg) (Entered: 07/14/2020)

July 13, 2020 RECAP
86

ORDER granting 85 Motion for Extension of Time to Answer. The State defendants shall have up to, and including, 08/04/2020, to file a responsive pleading to the amended complaint. Signed by Judge Kristine G. Baker on 07/16/2020. (ajt) (Entered: 07/16/2020)

July 16, 2020 PACER
85

Unopposed MOTION for Extension of Time to File Answer re 84 Amended Complaint by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne, Lee Watson (Merritt, Jennifer) (Entered: 07/16/2020)

July 16, 2020 PACER
88

AFFIDAVIT of Service, filed by Alvin Hampton, Aaron Elrod, Wesley Bray, Torris Richardson, Marvin Kent, Trinidad Serrato, Nicholas Frazier, Joseph Head, Lee Owens, Roderick Wesley, John Doe, Victor Williams, Darryl Hussey, John Doe, Jimmy Little, Jonathan Neeley, Michael Kouri, Harold Otwell, Cedric Sims, Price Brown, Charles Czarnetzki, Robert Stiggers, Alfred Nickson. Wellpath LLC served on 7/16/2020. (Attachments: # 1 Document USPS Proof of Delivery)(Everett, Sarah) (Entered: 07/17/2020)

July 17, 2020 PACER
87

AFFIDAVIT of Service of summons, filed by Alvin Hampton, Aaron Elrod, Wesley Bray, Torris Richardson, Marvin Kent, Trinidad Serrato, Nicholas Frazier, Joseph Head, Lee Owens, Roderick Wesley, John Doe, Victor Williams, Darryl Hussey, John Doe, Jimmy Little, Jonathan Neeley, Michael Kouri, Harold Otwell, Cedric Sims, Price Brown, Charles Czarnetzki, Robert Stiggers, Alfred Nickson. Nathaniel Smith served on 7/14/2020. (Attachments: # 1 Document Acceptance of service)(Everett, Sarah) (Entered: 07/17/2020)

July 17, 2020 PACER
91

ORDER granting 89 State defendants' second motion for extension of time to respond to plaintiffs' amended complaint. The State defendants shall have up to, and including, 08/18/2020, to file a responsive pleading to the amended complaint. Signed by Judge Kristine G. Baker on 07/31/2020. (ajt) (Entered: 07/31/2020)

July 31, 2020 PACER
90

RESPONSE to Motion re 89 Second MOTION for Extension of Time to File Answer re 84 Amended Complaint or Motion to Dismiss filed by All Plaintiffs. (Shukur, Omavi) (Entered: 07/31/2020)

July 31, 2020 PACER
89

Second MOTION for Extension of Time to File Answer re 84 Amended Complaint or Motion to Dismiss by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne, Nathaniel Smith, Lee Watson (Merritt, Jennifer) (Entered: 07/31/2020)

July 31, 2020 PACER
92

ANSWER to 84 Amended Complaint by Wellpath LLC.(Dougherty, Kirkman) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
93

ORDER concluding that plaintiffs may not proceed with ex parte communications with nonsupervisory DOC employees at this time. To the extent any party wishes to brief further the possibility of vicarious liability under Title II of the ADA and how the existence or absence of such liability would bear upon plaintiffs' ex parte communications with nonsupervisory DOC employees, the Court welcomes such briefing. Signed by Judge Kristine G. Baker on 8/4/2020. (jbh) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
96

BRIEF IN SUPPORT re 95 Motion to Dismiss for Failure to State a Claim, Sovereign Immunity filed by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne, Jose Romero, Lee Watson. (Merritt, Jennifer) (Entered: 08/18/2020)

Aug. 18, 2020 RECAP
95

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and based on Sovereign Immunity by Jerry Bradshaw, Tyronne Broomfield, William Byers, John Felts, Whitney Gass, Bobby Glover, Asa Hutchinson, Wendy Kelley, Benny Magness, Dexter Payne, Jose Romero, Lee Watson (Merritt, Jennifer) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
94

MOTION to Withdraw as Attorney Laura Fernandez by Wesley Bray, Price Brown, Charles Czarnetzki, John Doe, John Doe, Aaron Elrod, Nicholas Frazier, Alvin Hampton, Joseph Head, Darryl Hussey, Marvin Kent, Michael Kouri, Jimmy Little, Jonathan Neeley, Alfred Nickson, Harold Otwell, Lee Owens, Torris Richardson, Trinidad Serrato, Cedric Sims, Robert Stiggers, Roderick Wesley, Victor Williams (Fernandez, Laura) (Entered: 08/18/2020)

Aug. 18, 2020 PACER
97

Unopposed MOTION for Extension of Time to File Response/Reply as to 95 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and based on Sovereign Immunity by All Plaintiffs (Shukur, Omavi) (Entered: 08/25/2020)

Aug. 25, 2020 PACER
99

NOTICE of Appearance by Jeffrey Wahl Hatfield on behalf of Wellpath LLC (Hatfield, Jeffrey) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
98

NOTICE of Appearance by Kynda Almefty on behalf of Wellpath LLC (Almefty, Kynda) (Entered: 08/27/2020)

Aug. 27, 2020 PACER

State / Territory: Arkansas

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 21, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eleven detainees held at the Arkansas Department of Corrections, requesting release and reasonable accommodations for incarcerated individuals facing health risks from COVID-19. The proposed class includes a “High-Risk Subclass,” comprised of detainees aged 50 or over or with serious medical conditions, and a “Disability Subclass.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Secretary of Arkansas Department of Corrections, State

Division of Correction Director , State

Division of Community Correction Director, State

Governor of Arkansas, State

Arkansas Board of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run