Case: Grinis v. Spaulding

1:20-cv-10738 | U.S. District Court for the District of Massachusetts

Filed Date: April 15, 2020

Closed Date: July 2, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This was a habeas action filed on behalf of a class of prisoners at the Federal Medical Center Devens in Massachusetts, seeking the release of inmates in light of COVID-19 so that the facility could properly socially distance. The court denied the temporary restraining order and preliminary injunction on May 8, 2020 and dismissed the action on July 2, 2020. Three federal prisoners at the Federal Medical Center, Devens, Massachusetts filed this class-action habeas corpus petiti…

COVID-19 Summary: This was a habeas action filed on behalf of a class of prisoners at the Federal Medical Center Devens in Massachusetts, seeking the release of inmates in light of COVID-19 so that the facility could properly socially distance. The court denied the temporary restraining order and preliminary injunction on May 8, 2020 and dismissed the action on July 2, 2020.


Three federal prisoners at the Federal Medical Center, Devens, Massachusetts filed this class-action habeas corpus petition in the U.S. District Court for the District of Massachusetts on April 15, 2020. Alarmed by the rapid spread of COVID-19 in prisons across the country, the plaintiffs sought the release of enough inmates from FMC Devens that the remaining inmates would be able to maintain 6 feet of social distancing at all times, as recommended by the Centers for Disease Control. Represented by the ACLU, the ACLU of Massachusetts, and private counsel, they argued that their continued detention, with the high likelihood of a deadly outbreak sweeping through the prison, was cruel and unusual punishment in violation of the Eighth Amendment. The petition pointed to the CARES Act, as well as guidance from Attorney General William Barr, instructing federal prisons to expand the use of compassionate release and home confinement to reduce prison populations during the pandemic.

The plaintiffs sought to represent a class of all inmates in custody at FMC Devens; a subclass of inmates at high risk of injury or death from COVID-19; and a subclass of inmates who could qualify for early transfer to home confinement. For themselves and for the class, they sought declaratory judgment, and requested a special master to oversee the prison’s compliance with the order.

On April 24, 2020, the court denied approximately 2 dozen individual requests to be “added as a class member,” because no class had been certified.

On May 4, 2020, a member of the proposed class died of COVID-19 at FMC Devens. On May 5, Plaintiff Grinis was transferred to home confinement by order of his sentencing judge (criminal case 18-cr-10206), to serve the remaining 6 weeks of his sentence.

Skeptical of the claim that the prison’s failure to de-densify would amount to cruel and unusual punishment, the court denied the plaintiffs’ motion for temporary restraining order or preliminary injunction. In that order, dated May 8, 2020, the court also indicated that there was “a substantial question” regarding whether habeas corpus was the proper source for the relief that the plaintiffs sought. 2020 WL 2300313

This “substantial question” was answered on June 11, 2020, when the court ruled that the action was improperly brought as a habeas petition. Although a habeas petition in name, the action was in reality a civil claim governed by the Prison Litigation Reform Act (PLRA). The court held that unless the plaintiffs reframed their complaint and proceeded under the PLRA, the action would be dismissed. 2020 WL 3097360

On June 18, 2020, the plaintiffs declined the court’s invitation to reframe their complaint. Even if it were legally appropriate to proceed under the PLRA, the pandemic’s rapid spread would make it impossible to obtain relief quickly enough to protect their lives and health. They asked the court to vacate its ruling of May 8, arguing that since the court had ruled that it did not have jurisdiction, it should not have addressed the merits of their habeas petition at all.

On July 2, 2020, the court dismissed the action, clarifying that it did have jurisdiction over any habeas petition brought before the court; the petition had been dismissed because the plaintiffs had not properly stated a claim under §2241 and declined to vacate the earlier judgment. As of September 23, 2020, the plaintiffs have not appealed the ruling.

Summary Authors

Gregory Marsh (7/28/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17070261/parties/grinis-v-spaulding/


Judge(s)

Bumb, Renee Marie (New Jersey)

O'Toole, George A. Jr. (Massachusetts)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Barsky, Amy (Massachusetts)

Fick, William W (Massachusetts)

Marx, Daniel N (Massachusetts)

Piemonte-Stacy, Eve (Massachusetts)

Rossman, Jessie J. (Massachusetts)

Segal, Matthew (Massachusetts)

Attorneys(s) for Defendant

Barr, William P. (District of Columbia)

Judge(s)

Bumb, Renee Marie (New Jersey)

O'Toole, George A. Jr. (Massachusetts)

Sotomayor, Sonia (District of Columbia)

Attorneys(s) for Plaintiff

Barsky, Amy (Massachusetts)

Fick, William W (Massachusetts)

Marx, Daniel N (Massachusetts)

Piemonte-Stacy, Eve (Massachusetts)

Rossman, Jessie J. (Massachusetts)

Segal, Matthew (Massachusetts)

Attorneys(s) for Defendant

Barr, William P. (District of Columbia)

Lelling, Andrew E. (Massachusetts)

Documents in the Clearinghouse

Document

1:20-cv-10738

Docket [PACER]

July 2, 2020

July 2, 2020

Docket
1

1:20-cv-10738

Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 and Complaint for Injunctive and Declaratory Relief

April 15, 2020

April 15, 2020

Complaint
4 (& 4-1 to 4-4)

1:20-cv-10738

Memorandum in Support of Motion for Immediate Bail Consideration, Temporary Restraining Order, and Preliminary Injunctive Relief

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
3

1:20-cv-10738

Motion for Immediate Bail Consideration, Temporary Restraining Order, and Preliminary Injunctive Relief

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
6

1:20-cv-10738

Memorandum in Support of Petitioners' Motion for Class Certification or Representative Habeas Action

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
5

1:20-cv-10738

Petitioners' Motion for Class Certification or Representative Habeas Action

April 15, 2020

April 15, 2020

Pleading / Motion / Brief
32

1:20-cv-10738

Respondents' Omnibus Response to Petition for Writ of Habeas Corpus and Opposition to Petitioners' Motion for Immediate Bail and Injunctive and Declaratory Relief

April 22, 2020

April 22, 2020

Pleading / Motion / Brief
32-3

1:20-cv-10738

Memorandum for Director of Bureau Prisons

April 22, 2020

April 22, 2020

Internal memorandum
32-4

1:20-cv-10738

Memorandum for Director of Bureau of Prisons

April 22, 2020

April 22, 2020

Internal memorandum
36

1:20-cv-10738

Respondents' Supplemental Declaration

April 24, 2020

April 24, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17070261/grinis-v-spaulding/

Last updated Aug. 4, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus (2241) Filing fee: $ 5, receipt number 0101-8197974 Fee status: Filing Fee paid., filed by Michael Gordon, Alexander Grinis, Angel Soliz. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Category Sheet)(Fick, William) (Entered: 04/15/2020)

1

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2

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April 15, 2020

April 15, 2020

RECAP
2

ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
3

MOTION for Temporary Restraining Order, Immediate Bail Consideration, and Preliminary Injunctive Relief by Michael Gordon, Alexander Grinis, Angel Soliz.(Fick, William) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

RECAP
4

MEMORANDUM in Support re 3 MOTION for Temporary Restraining Order, Immediate Bail Consideration, and Preliminary Injunctive Relief filed by Michael Gordon, Alexander Grinis, Angel Soliz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Fick, William) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
5

MOTION to Certify Class or Representative Habeas Action by Michael Gordon, Alexander Grinis, Angel Soliz.(Fick, William) Modified on 6/11/2020 (Lyness, Paul). (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
6

MEMORANDUM in Support re 5 MOTION to Certify Class or Representative Habeas Action filed by Michael Gordon, Alexander Grinis, Angel Soliz. (Fick, William) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
7

NOTICE of Appearance by Daniel N. Marx on behalf of Michael Gordon, Alexander Grinis, Angel Soliz (Marx, Daniel) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
8

Judge George A. OToole, Jr: ORDER entered. The Clerk shall serve the petition for writ of habeas corpus under 28 U.S.C. ยง 2241 and complaint for injunctive and declaratory relief, together with the pending motions, on the Respondents and the United States Attorney for the District of Massachusetts. The Respondents shall file a response to the petition and the motion for immediate bail consideration, temporary restraining order, and preliminary injunctive relief within seven (7) days of the entry of this Order.(PSSA, 4) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER
9

NOTICE of Appearance by Eve A. Piemonte on behalf of Michael Carvajal, Stephen Spaulding (Piemonte, Eve) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
10

NOTICE of Appearance by Amy Barsky on behalf of Michael Gordon, Alexander Grinis, Angel Soliz (Barsky, Amy) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

PACER
11

Emergency MOTION for Status Conference and Immediate Disclosure of Initial Information and Periodic Reports by Michael Gordon, Alexander Grinis, Angel Soliz.(Fick, William) (Entered: 04/16/2020)

April 16, 2020

April 16, 2020

RECAP
12

NOTICE of Appearance by Matthew Segal on behalf of Michael Gordon, Alexander Grinis, Angel Soliz (Segal, Matthew) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
13

NOTICE of Appearance by Jessie J. Rossman on behalf of Michael Gordon, Alexander Grinis, Angel Soliz (Rossman, Jessie) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER
14

Judge George A. OToole, Jr: ELECTRONIC ORDER entered denying 11 Motion (Lyness, Paul) (Entered: 04/20/2020)

April 20, 2020

April 20, 2020

PACER

Order on Motion for Miscellaneous Relief

April 20, 2020

April 20, 2020

PACER
15

MOTION REQUESTING THAT THE DISTRICT COURT ADDS CHARLES NEWTON AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
16

MOTION REQUESTING THAT THE DISTRICT COURT ADD'S DAVID A. WHEELER AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER.(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
17

MOTION REQUESTING THAT THE DISTRICT COURT ADDS EDWARD MACKENZIE AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER.(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
18

MOTION REQUESTING THAT THE DISTRICT COURT ADDS FIDEL PEREYRA AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER.(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
19

MOTION REQUESTING THAT THE DISTRICT COURT ADDS ISRAEL CRUZ AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER.(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
20

MOTION REQUESTING THAT THE DISTRICT COURT ADDS MARK L. TASKER AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER.(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
21

MOTION REQUESTING THAT THE DISTRICT COURT ADDS SHARIF HOLMES AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER.(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
22

MOTION REQUESTING THAT THE DISTRICT COURT ADDS YANEL GREENE AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER.(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
23

MOTION REQUESTING THAT THE DISTRICT COURT ADDS YEFFRY REYNOSO AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER.(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
24

MOTION for Leave to File Excess Pages (Unopposed) by Michael Carvajal, Stephen Spaulding.(Piemonte, Eve) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
25

MOTION REQUESTING THAT THE DISTRICT COURT ADDS MICHAEL D. SCOTT AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER. (Attachments: # 1 Cover Letter, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
26

MOTION REQUESTING THAT THE DISTRICT COURT ADDS PABLO M. RIVERA AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
27

Judge George A. O'Toole, Jr: ELECTRONIC ORDER entered granting 24 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Halley, Taylor) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 22, 2020

April 22, 2020

PACER
28

MOTION REQUESTING THAT THE DISTRICT COURT ADDS JERMANE M. SAMUEL AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER..(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
29

MOTION REQUESTING THAT THE DISTRICT COURT ADDS KAREEM H. WOOD AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER..(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
30

MOTION REQUESTING THAT THE DISTRICT COURT ADDS MODESTO OZUNA AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER..(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
31

MOTION REQUESTING THAT THE DISTRICT COURT ADDS YEFFRY REYNOSO AS A CLASS MEMBER IN THE ABOVE CAPTIONED MATTER..(Halley, Taylor) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
32

RESPONSE/ANSWER to 1 Petition for Writ of Habeas Corpus (2241), and Omnibus Response to Motion for Class Certification, Motion for Temporary and Injunctive Relief by Michael Carvajal, Stephen Spaulding. (Attachments: # 1 Declaration, # 2 Declaration, # 3 AG Memo Mar. 2020, # 4 AG Memo Apr. 2020)(Piemonte, Eve) (Main Document 32 replaced on 4/23/2020) (Halley, Taylor). (Entered: 04/22/2020)

1 Declaration

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2 Declaration

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3 AG Memo Mar. 2020

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4 AG Memo Apr. 2020

View on RECAP

April 22, 2020

April 22, 2020

RECAP
33

ELECTRONIC NOTICE Setting Hearing on Motion 3 MOTION for Temporary Restraining Order, Immediate Bail Consideration, and Preliminary Injunctive Relief : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup.For questions regarding access to hearings, you may refer to the Courts general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 4/27/2020 03:00 PM in Courtroom 22 before Judge George A. OToole Jr.. Please mark your calendars accordingly.(Lyness, Paul) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
34

Judge George A. OToole, Jr: ELECTRONIC ORDER entered. The several motions requesting that the movant be "added as a 'class member'" (dkt. nos. 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 28, 29, 30, and 31) are all DENIED WITHOUT PREJUDICE as premature. Whether a class will be certified has yet to be determined.(Lyness, Paul) Modified on 4/24/2020 (Lyness, Paul). (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER

Order

April 24, 2020

April 24, 2020

PACER

Order on Motion for Leave to File Excess Pages

April 24, 2020

April 24, 2020

PACER
35

Assented to MOTION for Leave to File Excess Pages by Michael Gordon, Alexander Grinis, Angel Soliz.(Fick, William) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
36

DECLARATION re 32 Response to Petition for Writ of Habeas Corpus - 2241, (Supplemental) by Michael Carvajal, Stephen Spaulding. (Attachments: # 1 Declaration)(Piemonte, Eve) (Entered: 04/24/2020)

1 Declaration

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April 24, 2020

April 24, 2020

RECAP
37

Judge George A. O'Toole, Jr: Electronic Order entered GRANTING 35 Motion for Leave to File Excess Pages. See L.R. 7.1(b)(3) (requiring leave to file a reply brief); id. 7.1(b)(4) (requiring leave to file in excess of 20 pages). Any reply by the petitioners is due by Monday, April 27, 2020, at 9:00 a.m. and is limited to no more than 25 pages. (Halley, Taylor) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
38

REPLY to Response to 3 MOTION for Temporary Restraining Order, Immediate Bail Consideration, and Preliminary Injunctive Relief, 5 MOTION to Certify Class or Representative Habeas Action filed by Michael Gordon, Alexander Grinis, Angel Soliz. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Fick, William) (Entered: 04/27/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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April 27, 2020

April 27, 2020

RECAP
39

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing held on 4/27/2020 re 3 MOTION for Temporary Restraining Order, Immediate Bail Consideration, and Preliminary Injunctive Relief filed by Alexander Grinis, Angel Soliz, Michael Gordon. The court takes the matter under advisement. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: For Petitioner's: William Fick, Daniel Marx, Jessie Rossman, Matthew Segal; For Respondents: Eve Piemonte) (Lyness, Paul) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
40

Notice of Supplemental Authorities re 3 MOTION for Temporary Restraining Order, Immediate Bail Consideration, and Preliminary Injunctive Relief (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Fick, William) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
41

Second Notice of Supplemental Authorities re 3 MOTION for Temporary Restraining Order, Immediate Bail Consideration, and Preliminary Injunctive Relief (Fick, William) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
42

EXHIBIT re 41 Notice of Supplemental Authorities (6th Cir. Wilson Decision) by Michael Gordon, Alexander Grinis, Angel Soliz. (Fick, William) (Entered: 05/04/2020)

May 4, 2020

May 4, 2020

PACER
43

Supplemental Opposition re 3 MOTION for Temporary Restraining Order, Immediate Bail Consideration, and Preliminary Injunctive Relief [Notice of Supplemental Authorities] filed by Michael Carvajal, Stephen Spaulding. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Piemonte, Eve) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
44

MOTION to Consolidate Cases by Michael Carvajal, Stephen Spaulding.(Piemonte, Eve) Modified on 6/11/2020 (Lyness, Paul). (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

RECAP
45

Judge George A. O'Toole, Jr: OPINION AND ORDER entered denying 3 Motion for Immediate Bail Consideration, Temporary Restraining Order, and Preliminary Injunctive Relief. (Halley, Taylor) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

RECAP
46

ELECTRONIC NOTICE Setting Hearing on Motion 5 MOTION to Certify Class or Representative Habeas Action : This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Motion Hearing set for 5/12/2020 02:00 PM before Judge George A. O'Toole Jr. (Halley, Taylor) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
47

RESPONSE to Motion re 44 MOTION to Consolidate Cases filed by Michael Gordon, Alexander Grinis, Angel Soliz. (Fick, William) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

RECAP
48

NOTICE by Michael Carvajal, Stephen Spaulding Regarding Petitioner Alexander Grinis (Attachments: # 1 Exhibit Memorandum and Order)(Piemonte, Eve) (Entered: 05/12/2020)

1 Exhibit Memorandum and Order

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May 12, 2020

May 12, 2020

PACER
49

MOTION to Substitute Party by Michael Gordon, Angel Soliz. (Attachments: # 1 Declaration of Pablo Rivera)(Fick, William) Modified on 6/11/2020 (Lyness, Paul). (Entered: 05/12/2020)

1 Declaration of Pablo Rivera

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May 12, 2020

May 12, 2020

RECAP
50

Electronic Clerk's Notes for proceedings held before Judge George A. OToole, Jr: Motion Hearing held by Zoom on 5/12/2020 re 5 MOTION to Certify Class or Representative Habeas Action filed by Alexander Grinis, Angel Soliz, Michael Gordon. The Court takes the matter under advisement. (Court Reporter: Kathleen Silva at kathysilva@verizon.net.)(Attorneys present: For Petitioners: William Fick, Amy Barsky, Daniel Marx,Jessie Rossman,Matthew Segal; For Respondents: Eve Piemonte) (Lyness, Paul) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
51

Third Notice of Supplemental Authorities re 5 MOTION to Certify Class or Representative Habeas Action (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rossman, Jessie) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER
52

MOTION for Reconsideration re 45 Order on Motion for TRO by Michael Gordon, Angel Soliz. (Attachments: # 1 Memorandum in Support)(Rossman, Jessie) Modified on 6/11/2020 (Lyness, Paul). (Entered: 05/26/2020)

1 Memorandum in Support

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May 26, 2020

May 26, 2020

PACER
53

MEMORANDUM in Support re 52 MOTION for Reconsideration re 45 Order on Motion for TRO filed by Michael Gordon, Angel Soliz. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rossman, Jessie) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
62

Judge George A. OToole, Jr: Electronic Order entered: The petitioners have declined to proceed in this case under the Prison Litigation Reform Act, 18 U.S.C. § 3626 (See Pet'rs' Resp. to Court's June 11, 2020 Order and Mot. to Clarify or, Alternatively, to Vacate Ct.'s May 8, 2020 Order (dkt. no. 61).) Therefore, in accordance with the Court's prior Opinion and Order, this action is DISMISSED. (See Opinion and Order dated June 11, 2020 (dkt. no 60).) The assertion in the motion that the Court determined it lacked subject matter jurisdiction over the action is not correct. A district court plainly has jurisdiction over a cause of action purported to be brought under the authority of 28 U.S.C. § 2241. The action is dismissed not for lack of subject matter jurisdiction but because the complaint did not properly state a claim under § 2241. The previous orders in this action remain unchanged.(Lyness, Paul) Modified on 7/6/2020 (Lyness, Paul). (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

54

Supplemental Opposition re 5 MOTION to Certify Class or Representative Habeas Action (Notice of Supplemental Authority) filed by Michael Carvajal, Stephen Spaulding. (Attachments: # 1 Opinion - Wragg v. Ortiz)(Piemonte, Eve) (Entered: 05/27/2020)

1 Opinion - Wragg v. Ortiz

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May 27, 2020

May 27, 2020

RECAP
55

Transcript of Video Conference Motion Hearing held on April 27, 2020, before Judge George A. OToole. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kathleen Silva at kathysilva@verizon.net Redaction Request due 6/19/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/27/2020. (Scalfani, Deborah) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
56

Transcript of Video Conference Motion Hearing held on May 12, 2020, before Judge George A. OToole. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kathleen Silva at kathysilva@verizon.net Redaction Request due 6/19/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/27/2020. (Scalfani, Deborah) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
57

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
58

Opposition re 52 MOTION for Reconsideration re 45 Order on Motion for TRO filed by Michael Carvajal, Stephen Spaulding. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Declaration, # 3 Exhibit Supreme Court Order of Stay)(Piemonte, Eve) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
59

Supplemental Opposition re 52 MOTION for Reconsideration re 45 Order on Motion for TRO (Notice of Supplemental Authority) filed by Michael Carvajal, Stephen Spaulding. (Attachments: # 1 Exhibit Wilson v. Williams, # 2 Exhibit Chunn v. Edge)(Piemonte, Eve) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
60

Judge George A. OToole, Jr: OPINION AND ORDER entered. (Lyness, Paul) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

RECAP
61

MOTION RESPONSE TO COURTS JUNE 11, 2020 ORDER AND MOTION TO CLARIFY OR, ALTERNATIVELY, TO VACATE COURTS MAY 8, 2020 ORDER re 60 Order, 45 Order on Motion for TRO by Michael Gordon, Angel Soliz.(Fick, William) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

RECAP

Order

July 2, 2020

July 2, 2020

PACER
63

Order Dismissing Case

July 2, 2020

July 2, 2020

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: April 15, 2020

Closing Date: July 2, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners at Federal Medical Center Devens, seeking compassionate release or transfer to home confinement as a result of the COVID-19 pandemic, and others similarly situated.

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal Medical Facility Devens, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Over/Unlawful Detention

Sanitation / living conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run