Case: N.H. ex rel J.H. v. Edwards

3:20-cv-00293 | U.S. District Court for the Middle District of Louisiana

Filed Date: May 14, 2020

Closed Date: Feb. 11, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a joint class action lawsuit and habeas petition brought on behalf of children confined in four secure care facilities operated by the Louisiana Office of Juvenile Justice, seeking release and mitigation in light of the COVID-19 pandemic. The plaintiffs alleged that children are at-risk for contracting and transmitting COVID-19 and that they may be vulnerable to life-threatening complications both during and after the infection itself appears to have resolved. The plai…

COVID-19 Summary: This is a joint class action lawsuit and habeas petition brought on behalf of children confined in four secure care facilities operated by the Louisiana Office of Juvenile Justice, seeking release and mitigation in light of the COVID-19 pandemic. The plaintiffs alleged that children are at-risk for contracting and transmitting COVID-19 and that they may be vulnerable to life-threatening complications both during and after the infection itself appears to have resolved. The plaintiffs sought a temporary restraining order and later also requested an order requiring the defendants to give the plaintiffs access to confidential communication with their counsel. On June 2, the plaintiffs filed a motion for class certification for the proposed class. The defendants moved for summary judgment on July 29 and filed a motion to dismiss on October 20. A settlement conference was held on November 10. The parties reached a confidential settlement in November 2020 and, following a conditional dismissal period, the case is now presumed closed.


On May 14, 2020, this lawsuit was filed on behalf of children confined in secure care facilities in the U.S. District Court for the Middle District of Louisiana under the habeas statute, 22 U.S.C. § 2241, and 42 U.S.C. § 1983, seeking declaratory and injunctive relief in light of the COVID-19 pandemic and its severity in Louisiana. Represented by the Juvenile Law Center, the Promise of Justice Initiative, and private counsel, the plaintiffs alleged violations of their Eighth and Fourteenth Amendment rights. Specifically, they alleged that the Louisiana Office of Juvenile Justice ("OJJ") had not significantly reduced the population of confined children and had failed to implement an updated pandemic policy or a remedial plan in the four OJJ secure care facilities that complied with CDC guidance. Moreover, they alleged that OJJ’s policies placed children at a substantial risk of serious, long-term mental, developmental and emotional harm, in part because of isolation and the cessation of therapeutic services. The case was assigned to Judge John W. deGravelles.

The plaintiffs sought to certify a class of all children who are, or will in the future be, confined at the four secure care facilities operated by OJJ: Acadiana Center for Youth in Bunkie; Bridge City Center for Youth; Swanson Center for Youth Columbia; and Swanson Center for Youth Monroe. The plaintiffs alleged that children are at-risk for contracting and transmitting COVID-19, and that they may be vulnerable to life-threatening complications both during and after the infection itself appears to have resolved. In OJJ facilities, 97% of the children who were tested had tested positive.

On May 15, the plaintiffs sought a temporary restraining order that would enjoin the defendants from (1) continuing to confine all children who are currently within 180 days of their release dates; (2) continuing to confine children who are presumptively eligible for release; (3) failing to test children for COVID-19; (4) using "Behavioral Intervention Rooms" for any child who tests positive for COVID-19 or displays symptoms of the disease; (5) confining children to their dormitories for lengthy periods of time; (6) using pepper spray on children; and (7) continuing the suspension of structured educational and rehabilitative programming in OJJ facilities. They also requested that the court require the defendants to develop and implement, within 48 hours, a plan to mitigate the substantial risk of serious harm from COVID-19.

On May 27, the defendants responded to the plaintiff's motion for temporary restraining order, claiming that they had implemented an appropriate response to the pandemic including social distancing, modification of educational and rehabilitation services, and testing and monitoring that exceeded CDC guidelines. They argued that the plaintiffs had failed to establish a substantial likelihood of success on the merits for multiple reasons, including that the plaintiffs failed to exhaust administrative remedies under the Prison Litigation Reform Act, and that granting the plaintiffs' requests were not in the public interest.

On June 2, the plaintiffs filed a motion for class certification for the proposed class. On June 19, they also asked the court to order the defendants to provide all putative class members with access to confidential communication with counsel by video or telephone. They claimed that the defendants had obstructed the putative class members from contacting their counsel, or at the very least, had been dilatory and evasive in facilitating the request for the children to do so.

The defendants moved for summary judgment on July 29, arguing that there was no genuine issue of material fact, as the court found during the evidentiary hearing that the plaintiffs had not come close to meeting the constitutional threshold for habeas relief or relief. On August 13, the plaintiffs then moved to withdraw class certification and to defer a ruling on the summary judgment motion until the parties could conduct discovery. Judge deGravelles granted this motion on September 24 and referred the parties to Magistrate Judge Erin Wilder-Doomes.

The defendants filed a motion to dismiss for lack of subject matter jurisdiction on October 20, and the plaintiffs filed an opposition to the motion on November 10. Additionally on November 10, the parties participated in a settlement conference, where they "reached amicable resolution of all claims in this matter subject to the terms and conditions identified on the record." Magistrate Judge Wilder-Doomes then recommended a 60-day conditional dismissal, which Judge deGravelles entered on November 11, 2020.

On January 11, 2021, the plaintiffs requested the dismissal deadline to be extended by 30 days, which Judge deGravelles granted that same day. The extended deadline, February 10, 2021, passed and no further docket entries were filed, so compliance with the parties' settlement agreement is presumed complete; however, the terms of that settlement are not public.

Summary Authors

Elena Malik (5/20/2020)

Averyn Lee (9/15/2020)

Chandler Hart-McGonigle (11/26/2020)

Tessa McEvoy (3/12/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17165436/parties/jh-v-edwards/


Judge(s)

DeGravelles, John Wheadon (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorneys(s) for Plaintiff

Adcock, John Nelson (Louisiana)

Amash, Brandon Christopher (California)

Aronsson, Laura (New York)

Feierman, Jesica R. (Pennsylvania)

Kamran, Mariam (New York)

Kumar, Nishi Lal (Louisiana)

Lash, David (California)

Levick, Marsha (Pennsylvania)

Judge(s)

DeGravelles, John Wheadon (Louisiana)

Wilder-Doomes, Erin (Louisiana)

Attorneys(s) for Plaintiff

Adcock, John Nelson (Louisiana)

Amash, Brandon Christopher (California)

Aronsson, Laura (New York)

Feierman, Jesica R. (Pennsylvania)

Kamran, Mariam (New York)

Kumar, Nishi Lal (Louisiana)

Lash, David (California)

Levick, Marsha (Pennsylvania)

Lindell, Karen U. (Pennsylvania)

Montagnes, Mercedes Hardy (Louisiana)

Pensabene, Lisa (New York)

Ramaswamy, Rebecca R. (District of Columbia)

Sarnoff, Stuart M. (New York)

Singer, Benjamin (District of Columbia)

Yan, Jason (District of Columbia)

Attorneys(s) for Defendant

Archey, Connell Lee (Louisiana)

Block, Matthew F (Louisiana)

McCain, Allena (Louisiana)

Miller, Kyle V (Mississippi)

Montgomery, Lemuel (Mississippi)

Robert, Randal J. (Louisiana)

Thomas, William P. (Mississippi)

Walsh, John Charles (Louisiana)

Expert/Monitor/Master

Toney, Ellyn (Louisiana)

Woods, Revettea (Louisiana)

Documents in the Clearinghouse

Document

Docket [PACER]

J.H. v. Edwards

Jan. 12, 2021 Docket
1

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

May 14, 2020 Complaint
7, 7-1, 7-2, 7-3, 7-4, 7-5

Plaintiffs Emergency Motion for Temporary Restraining Order Seeking Immediate Furlough

J.H. v. Edwards

May 15, 2020 Pleading / Motion / Brief
26

Memorandum in Response to Plaintiffs' Emergency Motion for Temporary Restraining Order Seeking Immediate Furlough

J.H. v. Edwards

May 26, 2020 Pleading / Motion / Brief
34, 34-1, 34-2, 34-3

The Louisiana Office of Juvenile Justice Defendants' Response to Plaintiffs' Motion for Temporary Restraining Order and Exhibits A through C

J.H. v. Edwards

May 27, 2020 Pleading / Motion / Brief
34-4, 34-5, 34-6, 34-7

Exhibits D through G of The Louisiana Office of Juvenile Justice Defendants' Response to Plaintiffs' Motion for Temporary Restraining Order

J.H. v. Edwards

May 27, 2020 Pleading / Motion / Brief
31 (& 31-1 to 31-9)

Reply Memorandum in Support of Plaintiffs-Petitioners' Emergency Motion for Temporary Restraining Order

J.H. v. Edwards

May 27, 2020 Pleading / Motion / Brief
60 (& 60-1)

Plaintiffs-Petitioners' Motion for Class Certification

J.H. v. Edwards

June 2, 2020 Pleading / Motion / Brief
85 (& 85-1 to 85-4)

Plaintiffs-Petitioners' Motion Pursuant to Federal Rule of Civil Procedure 23(D)

J.H. v. Edwards

June 19, 2020 Pleading / Motion / Brief
97, 97-1 & 97-2

The Louisiana Office of Juvenile Justice Defendants' Response in Opposition to Plaintiffs' Motion Pursuant to Federal Rule of Civil Procedure 23(d)

J.H. v. Edwards

July 3, 2020 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17165436/jh-v-edwards/

Last updated May 12, 2022

ECF Number Description Date Link
1

CLASS ACTION COMPLAINT for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus against All Defendants ( Filing fee $ 400 receipt number ALAMDC-2113644.), filed by I.B. by and through his parents and next friends, A.B. and I.B., J.H. by and through his mother and next friend, N.H.. (Attachments: # 1 Attachment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Attachment Summons, # 16 Attachment Summons, # 17 Attachment Summons, # 18 Attachment Summons, # 19 Attachment Summons, # 20 Attachment Summons, # 21 Attachment Summons)(Kumar, Nishi) (Attachments 1 & 15 replaced on 5/15/2020) (EDC). Modified on 5/15/2020 to flatten pages. (EDC). Modified on 5/15/2020 to edit text. (EDC). (Attachments 16-21 replaced on 5/18/2020) (EDC). Modified on 5/18/2020 to flatten pages. (EDC). (Entered: 05/14/2020)

1 Attachment

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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6 Exhibit 5

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Attachment Summons

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16 Attachment Summons

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17 Attachment Summons

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18 Attachment Summons

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19 Attachment Summons

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20 Attachment Summons

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21 Attachment Summons

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May 14, 2020 RECAP
2

MOTION for Laura Aronsson to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113830) by J.H. by and through his mother and next friend, N.H., I.B. by and through his parents and next friends, A.B. and I.B.. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

May 15, 2020 PACER

Order on Motion to Appear Pro Hac Vice

May 15, 2020 PACER
3

MOTION for Brandon Amash to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113831) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

1 Attachment Declaration

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2 Attachment Certificate of Good Standing

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3 Attachment Proposed Order

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May 15, 2020 PACER
4

MOTION for David Lash to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113832) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

May 15, 2020 PACER
5

MOTION for Stuart M. Sarnoff to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113834) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

May 15, 2020 PACER
6

MOTION for Jason Yan to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113835) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

May 15, 2020 PACER
7

MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

May 15, 2020 PACER
8

MOTION for Marsha L. Levick to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114201) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

May 15, 2020 PACER
9

Summons Submitted (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment)(Kumar, Nishi) (Entered: 05/15/2020)

May 15, 2020 PACER
10

ORDER granting 2, 3, 4, 5, 6 and 8 Motions for Laura Aronsson, Brandon Amash, David Lash, Stuart M. Sarnoff, Jason Yan and Marsha L. Levick to Appear Pro Hac Vice on behalf of plaintiffs. Signed by Magistrate Judge Erin Wilder-Doomes on 5/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 05/15/2020)

May 15, 2020 PACER
11

MOTION for Benjamin Singer to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114428) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

1 Attachment Declaration

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2 Attachment Proposed Order

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May 15, 2020 PACER
12

MOTION for Mariam Kamran to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114432) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)

May 15, 2020 PACER

Order on Motion to Appear Pro Hac Vice

May 18, 2020 PACER

MOTION(S) REFERRED: 11 MOTION for Benjamin Singer to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114428), 12 MOTION for Mariam Kamran to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114432). This motion is now pending before the USMJ. (KMW)

May 18, 2020 PACER
13

ORDER granting 11 and 12 Motion for Benjamin Singer and Mariam Kamran to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 5/18/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 05/18/2020)

May 18, 2020 PACER
14

MOTION for Expedited Discovery and Status Conference by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Kumar, Nishi) Modified on 5/19/2020 to edit text (LT). (Entered: 05/18/2020)

May 18, 2020 PACER
15

MOTION for Expedited Consideration 14 MOTION for Discovery Expedited by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Kumar, Nishi) Modified on 5/19/2020 to edit text (LT). (Entered: 05/18/2020)

1 Memorandum in Support

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2 Attachment Proposed Order

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May 18, 2020 PACER
16

Summons Issued as to Edward Dustin Bickham, John Bel Edwards, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: # 1 summons, # 2 summons, # 3 summons, # 4 summons, # 5 summons, # 6 summons)(EDC) (Entered: 05/18/2020)

1 summons

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3 summons

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5 summons

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6 summons

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May 18, 2020 PACER
17

NOTICE of TELEPHONE CONFERENCE: Telephone Status Conference before the District Judge set for 5/20/2020 at 3:30 PM before Judge John W. deGravelles. Counsel participating in the Conference shall call 888-808-6929 using access code 8384153 five minutes prior to conference. Since counsel for Defendants have not yet made an appearance in this case, counsel for Plaintiffs is responsible for providing opposing counsel with notice of the date, time and details of this conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 05/18/2020)

May 18, 2020 PACER

MOTION(S) REFERRED: 14 MOTION for Expedited Discovery and Status Conference, 15 MOTION for Expedited Hearing on 14 MOTION for Discovery Expedited . This motion is now pending before the USMJ. (LT)

May 19, 2020 PACER
18

Ex Parte MOTION for Kyle V. Miller to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2115896) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Declaration, # 2 Proposed Pleading; Order)(Robert, Randal) (Entered: 05/20/2020)

May 20, 2020 PACER

Order on Motion to Appear Pro Hac Vice

May 20, 2020 PACER
19

Ex Parte MOTION for Lem E. Montgomery, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2115903) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Declaration, # 2 Proposed Pleading; Order)(Robert, Randal) (Entered: 05/20/2020)

May 20, 2020 PACER

MOTION(S) REFERRED: 18 Ex Parte MOTION for Kyle V. Miller to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2115896), 19 Ex Parte MOTION for Lem E. Montgomery, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2115903). This motion is now pending before the USMJ. (ELW)

May 20, 2020 PACER
20

ORDER granting 18 and 19 Motion for Kyle V. Miller and Lem E. Montgomery, III to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 5/20/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 05/20/2020)

May 20, 2020 PACER
21

Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 5/20/2020. It is ordered that a hearing on Plaintiffs' 7 Motion for Temporary Restraining Order is set for 6/3/2020 at 09:00 AM in by ZOOM Video Conferencing . Parties shall provide a list of witnesses and exhibits to the Court and opposing parties by 5/29/2020. A Telephone Status Conference is set for 5/27/2020 at 10:30 AM to discuss any outstanding logistical issues and the information that will be presented at the TRO Hearing. (LT) Modified on 5/22/2020 to edit text and deadlines (LLH). (Entered: 05/21/2020)

May 20, 2020 PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

May 20, 2020 PACER

Motions No Longer Referred: 14 MOTION for Expedited Discovery and Status Conference, 15 MOTION for Expedited Consideration 14 MOTION for Discovery Expedited . This motion is now pending before the USDJ. (BLR)

May 21, 2020 PACER
22

ORDER denying as moot 14 Motion for Discovery. Signed by Judge John W. deGravelles on 05/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Entered: 05/22/2020)

May 22, 2020 PACER
23

ORDER denying as moot 15 Motion for Expedited Hearing on 14 MOTION for Discovery Expedited by All Plaintiffs. Signed by Judge John W. deGravelles on 05/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/22/2020)

May 22, 2020 PACER
24

Joint STATUS REPORT by All Plaintiffs. (Kumar, Nishi) Modified on 5/26/2020 to edit the docket text (KMW). (Entered: 05/22/2020)

May 22, 2020 RECAP

Order on Motion for Discovery

May 22, 2020 PACER

Order on Motion for Expedited Hearing

May 22, 2020 PACER

Reset Deadlines/Hearings: Telephone Conference before the District Judge set for 5/27/2020 at 10:30 AM before Judge John W. deGravelles. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) (KDC)

May 26, 2020 PACER
25

Unopposed MOTION for Leave to Exceed Page Limit by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Order Granting Motion, # 2 Attachment Response to Motion for Temporary Restraining Order, # 3 Exhibit "A" to Proposed Pleading - Affidavit of Denise Dandridge, # 4 Exhibit "B" to Proposed Pleading - Affidavit of E. Dustin Bickham, # 5 Exhibit "C" to Proposed Pleading - Affidavit of Shawn Herbert, # 6 Exhibit "D" to Proposed Pleading - Affidavit of Kim Mims, # 7 Exhibit "E" to Proposed Pleading - Affidavit of Revettea Woods, # 8 Exhibit "F" to Proposed Pleading - Order Denying Writ, # 9 Exhibit "G" to Proposed Pleading - Emergency Response Plan)(McCain, Allena) (Attachment 3, 6, and 9 replaced on 5/27/2020 to edit page orientation) (LT). Modified on 5/27/2020 to edit text (LT). (Entered: 05/26/2020)

May 26, 2020 PACER
26

Memorandum in RESPONSE to Plaintiff's Emergency 7 MOTION for Temporary Restraining Order Seeking Immediate Furlough filed by John Bel Edwards. (Block, Matthew) Modified on 5/27/2020 to edit text (LT). (Entered: 05/26/2020)

May 26, 2020 PACER
27

MOTION for Jessica R. Feierman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118062) by All Plaintiffs. (Attachments: # 1 Attachment Affidavit, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/27/2020)

May 27, 2020 PACER
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MOTION for Karen U. Lindell to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118065) by All Plaintiffs. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment)(Kumar, Nishi) (Entered: 05/27/2020)

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May 27, 2020 PACER
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Unopposed MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit A, # 11 Attachment Proposed Order)(Kumar, Nishi) Modified on 5/27/2020 to edit text (LT). (Entered: 05/27/2020)

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11 Attachment Proposed Order

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May 27, 2020 RECAP

MOTION(S) REFERRED: 27 MOTION for Jessica R. Feierman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118062). This motion is now pending before the USMJ. (LT)

May 27, 2020 PACER

MOTION(S) REFERRED: 28 MOTION for Karen U. Lindell to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118065). This motion is now pending before the USMJ. (LT)

May 27, 2020 PACER
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ORDER granting 29 Motion for Leave to File Reply Memorandum in Response to Plaintiffs' Motion for Temporary Restraining Order in Excess Pages. Signed by Judge John W. deGravelles on 05/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/27/2020)

May 27, 2020 PACER
31

MEMORANDUM in Support of 7 MOTION for Temporary Restraining Order filed by I.B., J.H. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit A)(LT) (Entered: 05/27/2020)

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9 Exhibit A

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May 27, 2020 PACER
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ORDER granting 27 and 28 Motions for Jessica R. Feierman and Karen U. Lindell to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 5/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 05/27/2020)

May 27, 2020 PACER
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ORDER granting 25 MOTION for Leave to file Memorandum in Response to Plaintiffs' Motion for Temporary Restraining Order may exceed the 25-page limit. Signed by Judge John W. deGravelles on 05/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/27/2020)

May 27, 2020 PACER
34

RESPONSE to 7 MOTION for Temporary Restraining Order filed by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(EDC) (Entered: 05/27/2020)

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May 27, 2020 RECAP
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Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 5/27/2020. Pre-hearing briefs regarding the TRO are to be filed no later than noon on 06/01/2020. The hearing on the 7 MOTION for Temporary Restraining Order is set for 6/3/2020 at 09:00 AM by video before Judge John W. deGravelles. Post Hearing Briefs are due by close of business on 06/08/2020. (Court Reporter Natalie Breaux.) (LT) (Entered: 05/28/2020)

May 27, 2020 PACER
36

There is no record document 36. Entered in error by case administrator.(KMW) (Entered: 05/28/2020)

May 27, 2020 PACER

Order on Motion for Leave to File Excess Pages

May 27, 2020 PACER

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

May 27, 2020 PACER

Order on Motion for Leave

May 27, 2020 PACER
37

Exhibit List for TRO Hearing by I.B., J.H... (Kumar, Nishi) (Entered: 05/29/2020)

May 29, 2020 PACER
38

Witness List by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (McCain, Allena) (Entered: 05/29/2020)

May 29, 2020 PACER
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Exhibit List for TRO Hearing by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods.. (McCain, Allena) (Entered: 05/29/2020)

May 29, 2020 PACER
40

Witness List by I.B., J.H.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Attachments: # 1 Exhibit A)(Kumar, Nishi) (Entered: 05/29/2020)

May 29, 2020 PACER
41

MOTION for Lisa Pensabene to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2120018) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/29/2020)

May 29, 2020 PACER
42

Notice to Counsel: Stipulations shall be filed no later than 12:00 p.m. on Monday, June 1, 2020. In light of the Stipulations, the parties shall also file a revised exhibit and witness list by 12:00 p.m. on Monday, June 1, 2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/30/2020)

May 30, 2020 PACER

MOTION(S) REFERRED: 41 MOTION for Lisa Pensabene to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2120018). This motion is now pending before the USMJ. (SWE)

June 1, 2020 PACER
43

Notice to Counsel: By noon on Tuesday, June 2, 2020, the parties shall submit a list of contested issues for the Wednesday, June 3, 2020, TRO hearing.Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 06/01/2020)

June 1, 2020 PACER
44

Joint MOTION for Extension of Time to file Statement of Stipulated Facts and Revised Exhibit and Witness Lists by All Plaintiffs. (Kumar, Nishi) Modified on 6/1/2020 to edit text (LT). (Entered: 06/01/2020)

June 1, 2020 PACER
45

ORDER granting 44 Motion for Extension of Time. Signed by Judge John W. deGravelles on 06/01/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 06/01/2020)

June 1, 2020 PACER
46

ORDER granting 41 Motion for Lisa Pensabene to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 6/1/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/01/2020)

June 1, 2020 PACER
47

Revised Exhibit List for TRO Hearing by I.B., J.H... (Kumar, Nishi) Modified on 6/2/2020 to edit text (ELW). (Entered: 06/01/2020)

June 1, 2020 PACER
48

Exhibit List (Revised) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods.. (McCain, Allena) (Entered: 06/01/2020)

June 1, 2020 PACER
49

Witness List by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (McCain, Allena) (Entered: 06/01/2020)

June 1, 2020 PACER
50

Witness List by I.B., J.H.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Attachments: # 1 Exhibit A)(Kumar, Nishi) (Entered: 06/01/2020)

June 1, 2020 PACER
51

JOINT STATEMENT OF STIPULATED FACTS by I.B., J.H. (Kumar, Nishi) Modified on 6/2/2020 to edit text (ELW) (Entered: 06/01/2020)

June 1, 2020 PACER

Order on Motion for Extension of Time

June 1, 2020 PACER

Order on Motion to Appear Pro Hac Vice

June 1, 2020 PACER
52

Unopposed SEALED MOTION for Leave to File Defendants' Confidential Exhibits 50 - 51 Under Seal by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Proposed Order Granting Motion, # 2 Proposed Pleading; Ex. 50_REDACTED-I.B. Rehab services March thru May 2020, # 3 Proposed Pleading; Ex. 51_REDACTED-IB Weekly Contact Progress Reports March to May 2020)(McCain, Allena) (Entered: 06/02/2020)

June 2, 2020 PACER
53

NOTICE of Defendants' List of Contested Issues by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods re 43 Notice to Counsel, (McCain, Allena) (Entered: 06/02/2020)

June 2, 2020 PACER
54

NOTICE of Statement of Contested Issues from Plaintiffs by I.B., J.H. (Kumar, Nishi) (Entered: 06/02/2020)

June 2, 2020 PACER
55

Unopposed MOTION for William P. Thomas to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2121144) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit Declaration of Will Thomas, # 2 Attachment Proposed Order)(McCain, Allena) (Entered: 06/02/2020)

June 2, 2020 PACER
56

ORDER granting 52 SEALED Motion for Leave to File Defendants' Confidential Exhibits 50 - 51 Under Seal. Signed by Judge John W. deGravelles on 6/2/2020. (LLH) (Entered: 06/02/2020)

June 2, 2020 PACER

MOTION(S) REFERRED: 55 Unopposed MOTION for William P. Thomas to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2121144). This motion is now pending before the USMJ. (KMW)

June 2, 2020 PACER
57

SEALED Confidential Exhibits 50 and 51 as to to 48 Revised Exhibit List, filed by The Louisiana Office of Juvenile Justice, Edward Dustin Bickham, James Woods, Shannon Matthews, Shawn Herbert, and Rodney Ward. (Attachments: # 1 Exhibit) (LLH) (Entered: 06/02/2020)

June 2, 2020 PACER
58

ORDER granting 55 Motion for William Polk Thomas to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 6/2/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/02/2020)

June 2, 2020 PACER
59

Consent MOTION for Leave to Use Witness Initials at TRO Hearing and File Full Names Under Seal by All Plaintiffs. (Kumar, Nishi) (Entered: 06/02/2020)

June 2, 2020 PACER
60

MOTION for Class Certification by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Kumar, Nishi) Modified on 6/3/2020 to edit text (LT). (Entered: 06/02/2020)

1 Memorandum in Support

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June 2, 2020 PACER

Order on Motion to Appear Pro Hac Vice

June 2, 2020 PACER
61

ORDER granting 59 MOTION for Leave to Use Witness Initials at TRO Hearing and File Full Names Under Seal by All Plaintiffs. Signed by Judge John W. deGravelles on 06/03/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 06/03/2020)

June 3, 2020 PACER
62

MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2121590) by All Plaintiffs. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment)(Kumar, Nishi) (Entered: 06/03/2020)

1 Attachment

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2 Attachment

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3 Attachment

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June 3, 2020 PACER
63

MOTION to Enroll John C. Walsh as Additional Attorney by John Bel Edwards. (Block, Matthew) (Entered: 06/03/2020)

June 3, 2020 PACER

MOTION(S) REFERRED: 63 MOTION to Enroll John C. Walsh as Additional Attorney, 62 MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2121590). This motion is now pending before the USMJ. (KMW)

June 3, 2020 PACER
64

ORDER granting 63 Motion to Enroll Additional Attorney. Added attorney John Charles Walsh for John Bel Edwards. Signed by Judge John W. deGravelles on 6/3/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 06/03/2020)

June 3, 2020 PACER
65

ORDER granting 62 Motion for Rebecca Ramaswamy to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 6/3/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/03/2020)

June 3, 2020 PACER
66

NOTICE of Briefing Schedule on 60 MOTION for Class Certification : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JHF) (Entered: 06/03/2020)

June 3, 2020 PACER
67

Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing held on 6/3/2020 re 7 MOTION for Temporary Restraining Order. Witnesses sequested and exhibits filed into the record. Opening statements presented and testimony given. Court recessed until Thursday, June 4, 2020 at 9:00 a.m. (Court Reporter G. Delatte-Richard and N. Breaux.) Pursuant to Local Rules, offering parties shall retain custody of exhibits..(SWE) (Main Document 67 replaced on 6/5/2020 to edit counsel) (SWE). (Entered: 06/04/2020)

June 3, 2020 PACER
73

ELECTRONIC EXHIBITS for hearing dated 6/3/2020 to 6/5/2020.(SWE) (Entered: 06/05/2020)

June 3, 2020 PACER

Order on Motion for Leave

June 3, 2020 PACER

Order on Motion to Enroll Additional Attorney

June 3, 2020 PACER

Order on Motion to Appear Pro Hac Vice

June 3, 2020 PACER
68

TRANSCRIPT REQUEST by I.B., J.H. for proceedings held on June 3, 2020 before Judge Judge deGravelles.. (Kumar, Nishi) (Entered: 06/04/2020)

June 4, 2020 PACER
69

TRANSCRIPT REQUEST by I.B., J.H. for proceedings held on June 4, 2020 before Judge Judge deGravelles.. (Kumar, Nishi) (Entered: 06/04/2020)

June 4, 2020 PACER
70

Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing continued on 6/4/2020 re 7 MOTION for Temporary Restraining Order. Testimony given. Court recessed until Friday, 6/5/2020, at 9:00 a.m. (Court Reporter S. Thompson and G. Delatte-Richard.) (SWE) (Main Document 70 replaced on 6/5/2020 to edit counsel) (SWE). (Entered: 06/05/2020)

June 4, 2020 PACER
71

TRANSCRIPT REQUEST by I.B., J.H. for proceedings held on June 5, 2020 before Judge deGravelles.. (Kumar, Nishi) (Entered: 06/05/2020)

June 5, 2020 PACER
72

Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing held on 6/5/2020 re 7 MOTION for Temporary Restraining Order. Testimony given. Simultaneous post hearing briefs will be due by close of business on Wednesday, 6/10/2020. The Court requests that Plaintiffs address in their briefing the power the Court has to order OJJ to furlough or release a youth at an OJJ facility.(Court Reporter G. Delatte-Richard.) (SWE) (Entered: 06/05/2020)

June 5, 2020 PACER
74

TRANSCRIPT REQUEST from TRO Hearing by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods for proceedings held on June 3-5, 2020 before Judge John W. deGravelles.. (McCain, Allena) (Main Document 74 replaced on 6/5/2020) (EDC). Modified on 6/5/2020 to flatten document. (EDC). (Entered: 06/05/2020)

June 5, 2020 PACER
75

SUMMONS Returned Executed by I.B., J.H.. All Defendants. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Attachment)(Kumar, Nishi) (Entered: 06/08/2020)

1 Attachment

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2 Attachment

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3 Attachment

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4 Attachment

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5 Attachment

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6 Attachment

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June 8, 2020 PACER

State / Territory: Louisiana

Case Type(s):

Juvenile Institution

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 14, 2020

Closing Date: Feb. 11, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children who are, or will in the future be, confined at Acadiana Center for Youth in Bunkie; Bridge City Center for Youth; Swanson Center for Youth Columbia; and Swanson Center for Youth Monroe

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Juvenile Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Governor of Louisiana , State

Director of the Acadiana Center for Youth , State

Director of the Bridge City Center for Youth, State

Director of the Swanson Center for Youth , State

The Louisiana Office of Juvenile Justice, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Bathing and hygiene

Conditions of confinement

Juveniles

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Medical/Mental Health:

Medical care, general

Medical care, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run