Case: Busby v. Bonner

2:20-cv-02359 | U.S. District Court for the Western District of Tennessee

Filed Date: May 20, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas action filed by individuals in the Shelby County Jail who alleged that their underlying medical conditions made them especially vulnerable to COVID-19. They alleged violations of the Fourteenth Amendment, ADA, and Rehabilitation Act and requested release. The court denied both preliminary relief and motions to dismiss. The parties moved for preliminary approval of class action settlement, which was granted on January 28, 2021; the court gave final approval of …

COVID-19 Summary: This is a habeas action filed by individuals in the Shelby County Jail who alleged that their underlying medical conditions made them especially vulnerable to COVID-19. They alleged violations of the Fourteenth Amendment, ADA, and Rehabilitation Act and requested release. The court denied both preliminary relief and motions to dismiss. The parties moved for preliminary approval of class action settlement, which was granted on January 28, 2021; the court gave final approval of the settlement and consent decree on April 12, 2021. Following the availability of vaccines, defendants moved to terminate the consent decree, which the court denied on August 30, 2021. The defendants appealed.


Two individuals with medical conditions that rendered them especially vulnerable to COVID-19 filed this petition for a writ of habeas corpus on May 20, 2020 against the Shelby County Sheriff's Office in U.S. District Court for the Western District of Tennessee under 28 U.S.C. § 2241. They sought to represent a class of Shelby County Jail detainees with disabilities or who were medically vulnerable to COVID-19. Represented by lawyers from the ACLU as well as private counsel, they alleged violations of the Fourteenth Amendment, the Americans with Disabilities Act (ADA) (42 U.S.C. §§ 12111 et seq.), and the Rehabilitation Act (29 U.S.C. § 701).

Specifically, plaintiffs alleged that conditions in the jail, like housing detainees in close proximity to one another, constituted a failure to provide reasonable safety as well as unlawful punishment of pretrial detainees. They also claimed that defendants were violating the ADA and Rehabilitation Act because they had not made reasonable modifications to their policies to avoid discriminating against detainees with disabilities, who were particularly likely to be affected by COVID. Judge Sheryl H. Lipman was assigned the case.

Simultaneously with the initial petition, plaintiffs sought class certification, a temporary restraining order (TRO) or writ of habeas corpus that would immediately release the named plaintiffs, and a TRO, preliminary injunction, permanent injunction and/or writ of habeas corpus that would create a process by which class members could be released. Plaintiffs filed a motion to expedite consideration of the TRO and preliminary injunction.

The following day, Judge Lipman granted the motion to expedite consideration of the TRO and preliminary injunction, instructing defendants to file a response by May 26. Defendants did so, filing a motion to dismiss, a response in opposition to the motion for class certification, and a response in opposition to the motion for a temporary restraining order. Defendants' responses indicated that they had a thorough process for dealing with COVID-19 and were trying to decrease the population of the jail.

By June 10, Judge Lipman issued an order denying defendant's motion for dismissal. She explained that habeas relief was properly sought because plaintiffs challenged the "fact," not conditions, of confinement. Judge Lipman also denied in part and granted in part plaintiffs’ motion for class certification. The court granted class certification but narrowed its scope. The certified class consisted of detainees (1) age 65 or older; or with (2) chronic lung disease or moderate to severe asthma; (3) serious heart conditions; (4) immunodeficiencies; (5) severe obesity; (6) diabetes; (7) chronic kidney disease undergoing dialysis; (8) chronic liver disease; or (9) hemoglobin disorders. The court also certified a subclass defined as "All persons currently or in the future held at the Jail in pretrial custody during the COVID19 pandemic who are at increased risk of COVID-19 complications or death because of disabilities as defined in the Americans With Disabilities Act (ADA) and Section 504 of the Rehabilitation Act." 2020 WL 3108713.

Two days later, Judge Lipman addressed the motion for a temporary restraining order. She found that the factual record was not developed enough to rule and ordered the parties to agree on an "Independent Inspector" who would visit the jail and report back to the court.

A few days later, plaintiffs submitted an amended complaint which added two more named plaintiffs.

Meanwhile, by June 18 the parties had settled on Michael K. Brady as Independent Inspector. The Inspector filed his report on June 30, 2020. He found that the jail was run by "consummate professionals" but still needed to make several adjustments to ensure the safety of its detainees, including issuing additional masks, improving sanitation, and sequestering new arrivals and high-risk detainees.

On June 30, defendants submitted another motion to dismiss, this time targeting plaintiffs’ amended petition for a writ of habeas corpus.

The court denied the motion on July 24, 2020. Judge Lipman criticized defendants' "needless filing" of a second motion to dismiss. She noted that defendants' arguments either had been raised and rejected in the first motion to dismiss or should have been raised in the earlier motion. Judge Lipman then rejected the new arguments on the merits because (1) pretrial detainees can bring unconstitutional punishment claims; (2) neither the ADA nor the Rehabilitation Act required proof of discriminatory intent; and (3) habeas relief was available for detainees alleging that their continued detention violated the ADA and Rehabilitation Act. 2020 WL 4668756.

On August 7, the court rejected plaintiffs' motion for preliminary injunctive relief and habeas relief. Judge Lipman noted that habeas relief was only available if plaintiffs showed that it was impossible for the jail to detain them in compliance with the Constitution, ADA, and Rehabilitation Act. But she found that "any shortcomings are remediable," while acknowledging continuing concerns about the lack of social distancing, testing, and quarantine at the jail. 2020 WL 4668757.

On September 15, 2020, plaintiffs moved to modify class certification and file a second amended petition for habeas corpus, alleging that defendants had "temporarily made improvements to certain conditions, apparently in preparation for the inspections by court-appointed inspector," but those improvements "lapsed shortly after the inspections occurred," as well as adding additional named plaintiffs, and including a more detailed request for injunctive relief.

After attending mediation, on December 28, 2020, the plaintiffs filed a notice of settlement, and the parties filed a joint motion to approve the consent judgment on January 22, 2021. This included a signed settlement agreement between the parties and a consent decree. The consent decree stated that the defendants must provide the Inspector and plaintiffs with a monthly report that details the population of the jail, number of COVID-19 tests conducts for detainees and staff, number of staff on leave in the past 30 days due to COVID-19 symptoms, number of detainees who died and exhibited symptoms of or tested positive for COVID-19 prior to death, and type of housing for class and subclass members. The decree also mandated unannounced inspections and reports by the Inspector at least every 90 days and unrestricted communications with the jail's Expeditor. The decree also required the defendants to prove that ventilation and air quality in the jail was safe, perform testing, isolation, and quarantine where applicable, provide masks, heightened laundry and cleaning options, maximize social distancing. The consent decree provided for termination upon a declaration from the CDC and the Tennessee Department of Health that the COVID-19 pandemic was over, or if an FDA approved, COVID-19 vaccine was offered to and administered to detainees.

On January 28, the court preliminarily granted the motion and ordered the parties to notify the class of the terms of the settlement in advance of the final approval hearing on March 5, 2021. About 70 individual detainees sent letters to the court, many objecting to the notice given to class members or the settlement agreement's terms, or stating concern with the defendant's ability to comply. After 2 final approval hearings, the court granted final approval of the settlement on April 12, 2021, noting that none of the objections led them to believe the settlement was unfair, unreasonable or inadequate. The court retained jurisdiction for enforcement purposes.

On May 19, 2021 the plaintiffs filed a motion to enforce and modify the consent decree. They stated that only a week after the decree was approved, defendants had informed plaintiffs that the protections in the decree had terminated, since the first doses of COVID-19 vaccines had been offered to people in the jail. Plaintiffs argued that defendants had not satisfied the requirements of the decree and that class members in the jail were still at great risk. Specifically, plaintiffs sought enforcement of the decree, requiring defendants to: offer educational materials and non-punitive incentives to increase the vaccination rate; make best efforts to adopt the Independent Inspector's recommendations; adopt recommendations of the Ventilation expert; establish a toll-free number to allow class members to report to counsel regarding decree compliance. Plaintiffs also sought modification of the initial decree's terms regarding termination to clarify that a more robust vaccination program and 80% vaccination rate among detainees for a consecutive 3 month period must be achieved before the decree could be terminated.

Shortly thereafter, on June 2, the defendants filed a motion to terminate the consent decree. They argued they had complied with the terms of the decree by offering vaccines, educational materials and non-punitive incentives to detainees in order to encourage detainees to become vaccinated and that the termination provisions regarding vaccines had been met, so the decree should be terminated.

On August 30, 2021 the court denied the defendants' motion to terminate the consent decree. In denying the defendant's request, Judge Lipman stated that "The Consent Decree did not enshrine mere box-checking. It enshrined meaningful protection for Plaintiffs, a medically vulnerable group" and pointed to the low vaccination rate in the jail and the rise of the Delta variant as being signs that the decree was still necessary to protect the detainees in the jail.

The defendants appealed the decision on September 3, 2021 and the case remains ongoing.

Summary Authors

Jack Hibbard (7/15/2020)

Timothy Leake (10/28/2020)

Zofia Peach (2/7/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17181166/parties/busby-v-bonner/


Judge(s)

Christoff, Annie T (Tennessee)

Lipman, Sheryl Halle (Tennessee)

Attorneys(s) for Plaintiff

Abrams, Eric (New York)

Bial, Joseph (District of Columbia)

Borner, Meredith (New York)

Brennan-Krohn, Zoe (California)

Castelli, Thomas H. (Tennessee)

Dozier, Wesley (Tennessee)

Johnson, Darren W. (New York)

Kimball-Stanley, David C. (New York)

Judge(s)

Christoff, Annie T (Tennessee)

Lipman, Sheryl Halle (Tennessee)

Attorneys(s) for Plaintiff

Abrams, Eric (New York)

Bial, Joseph (District of Columbia)

Borner, Meredith (New York)

Brennan-Krohn, Zoe (California)

Castelli, Thomas H. (Tennessee)

Dozier, Wesley (Tennessee)

Johnson, Darren W. (New York)

Kimball-Stanley, David C. (New York)

Lee, Adrienne (New York)

Mathai, Amreeta (New York)

Medjuck, Avery (New York)

Morris, Martin Ferdinand (District of Columbia)

Mulroy, Steven J. (District of Columbia)

Robinson, Jeffery (New York)

Rosenbloom, Nancy (New York)

Silberstein-Loeb, Jonathan M (New York)

Spickler, Josh (Tennessee)

Timmons, Brice Moffatt (Tennessee)

Wedekind, Jennifer (New York)

Woods, Andrea (New York)

Yarbrough, Stella Marie (Tennessee)

Attorneys(s) for Defendant

Iverson, Marlinee (Tennessee)

Pentecost, James I. (Tennessee)

Stigger, Bridgett L (Tennessee)

Stokes, J Austin (Tennessee)

Tilly, Nathan Daniel (Tennessee)

Other Attorney(s)

Bledsoe, John H (Tennessee)

Goode, Janet (Tennessee)

Expert/Monitor/Master

Brady, Mike (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Sept. 3, 2021 Docket
1

Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 and Class Action Complaint for Declaratory and Injunctive Relief

May 20, 2020 Complaint
2 (& 2-1 to 2-8)

Petitioners-Plaintiffs' Motion for Temporary Restraining Order

May 20, 2020 Pleading / Motion / Brief
26

Respondents-Defendants' Response in Opposition to Petitioners-Plaintiffs' Motion for Class Certification

May 26, 2020 Pleading / Motion / Brief
27 (& 27-2 to 27-6)

Respondents-Defendants’ Response in Opposition to Petitioners-Plaintiffs’ Motion for Temporary Restraining Order

May 26, 2020 Pleading / Motion / Brief
25 & 25-1

Respondents-Defendants' Motion to Dismiss

May 26, 2020 Pleading / Motion / Brief
27-1

Respondents-Defendants’ Response in Opposition to Petitioners-Plaintiffs’ Motion for Temporary Restraining Order

May 26, 2020 Pleading / Motion / Brief
35 (& 35-1 to 35-5)

Petitioners-Plaintiffs' Brief in Opposition to Respondents-Defendants' Motion to Dismiss

May 29, 2020 Pleading / Motion / Brief
37

Respondents-Defendants' Reply to Petitioners-Plaintiffs' Response in Opposition to Motion to Dismiss

June 4, 2020 Pleading / Motion / Brief
38

Order Denying Defendants’ Motion to Dismiss and Granting in Part and Denying in Part Plaintiffs' Motion for Class Certification

466 F.Supp.3d 821, 2020 WL 3108713

June 10, 2020 Order/Opinion

Resources

Title Description External URL

Busby v. Bonner

American Civil Liberties Union

Medically vulnerable people and people with disabilities detained at Shelby County Jail are at grave risk of severe injury or death from COVID-19. An outbreak is already underway, and has infected h… June 17, 2020 https://www.aclu.org/cases/busby-v-bonner

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17181166/busby-v-bonner/

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

ECF Number Description Date Link
1

First PETITION for Writ of Habeas Corpus (Filing fee $ 5 receipt number ATNWDC-3352115), filed by Favian Busby, Michael Edginton. (Attachments: # 1 Civil Cover Sheet Civil cover Sheet, # 2 Summons Summons Issued to Shelby County Sheriff's Office, # 3 Summons Summons Issued to Floyd Bonner, Jr.)(Timmons, Brice) (Entered: 05/20/2020)

1 Civil Cover Sheet Civil cover Sheet

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2 Summons Summons Issued to Shelby County Sheriff's Office

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3 Summons Summons Issued to Floyd Bonner, Jr.

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May 20, 2020 RECAP
2

First MOTION for Temporary Restraining Order Proposed Order Submitted by Favian Busby, Michael Edginton. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Timmons, Brice) (Entered: 05/20/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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May 20, 2020 PACER
3

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Affidavit Declaration of Thomas Castelli)(Timmons, Brice) (Entered: 05/20/2020)

1 Affidavit Declaration of Thomas Castelli

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May 20, 2020 RECAP
4

MOTION to Expedite TRO & Preliminary Injunction by All Plaintiffs. (Timmons, Brice) (Entered: 05/20/2020)

May 20, 2020 PACER
5

NOTICE by Favian Busby, Michael Edginton re 2 First MOTION for Temporary Restraining Order Proposed Order Submitted (Attachments: # 1 Affidavit Second Declaration of Josh Spickler in Support of Petitioners-Plaintiffs Motion for A Temporary Restraining Order)(Timmons, Brice) (Entered: 05/20/2020)

1 Affidavit Second Declaration of Josh Spickler in Support of Petitioners-Plaintif

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May 20, 2020 PACER
6

Judge Sheryl H. Lipman and Judge Unassigned 7 added. (jae) (Entered: 05/21/2020)

May 20, 2020 PACER
7

NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jae) (Entered: 05/21/2020)

May 21, 2020 PACER
8

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3352418) by Favian Busby, Michael Edgington. (Attachments: # 1 Certificate of Good Standing from US District Court of Colorado, # 2 Certificate of Good Standing- NY State Judicial First Department)(Mathai, Amreeta) (Entered: 05/21/2020)

1 Certificate of Good Standing from US District Court of Colorado

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2 Certificate of Good Standing- NY State Judicial First Department

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May 21, 2020 PACER
9

Summons Issued as to Shelby County Sheriff's Office. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jae) (Entered: 05/21/2020)

May 21, 2020 PACER
10

Summons Issued as to Floyd Bonner, Jr.. The filer has been notified electronically that the summons has been issued, and the new docket entry reflects this. Upon notification of the new docket entry, the filer is to print the issued summons in order to effect service. (jae) (Entered: 05/21/2020)

May 21, 2020 PACER
11

ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 5/21/20. (Lipman, Sheryl) (Entered: 05/21/2020)

May 21, 2020 PACER
12

ORDER GRANTING PLAINTIFFS' MOTION FOR EXPEDITED CONSIDERATION 4 . Signed by Judge Sheryl H. Lipman on 05/21/2020. (shl) (Entered: 05/21/2020)

May 21, 2020 PACER
13

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3352649) by Favian Busby, Michael Edgington. (Attachments: # 1 Certificate of Good Standing - EDNY, # 2 Certificate of Good Standing - New York State First Judicial Department)(Silberstein-Loeb, Jonathan) (Entered: 05/21/2020)

1 Certificate of Good Standing - EDNY

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2 Certificate of Good Standing - New York State First Judicial Department

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May 21, 2020 PACER
14

ORDER granting 13 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 5/21/20. (Lipman, Sheryl) (Entered: 05/21/2020)

May 21, 2020 PACER
15

AMENDED ORDER GRANTING PLAINTIFFS' MOTION FOR EXPEDITED CONSIDERATION. Signed by Judge Sheryl H. Lipman on 05/21/2020. (shl) (Entered: 05/21/2020)

May 21, 2020 PACER
16

NOTICE OF HEARING ON MOTION: (TEXT ONLY NO IMAGE ASSOCIATED WITH THIS ENTRY): The parties are hereby notified that a Hearing on the First Motion for Temporary Restraining Order 2 has been set for Wednesday, May 27, 2020 at 1:30 PM via Skype Video before Judge Sheryl H. Lipman. If there are any exhibits to be submitted at this hearing, please file them on ECF by close of business on Tuesday, May 26, 2020. The Court will send, via email, to each attorney, an invitation for the conference. All parties shall be prepared to present their witnesses at the hearing via Skype Video by forwarding the invite to the witness. Parties shall consult the Skype for Business webpage for instructions on downloading the proper extensions for their computer. (smm) (Entered: 05/21/2020)

May 21, 2020 PACER
17

MOTION for Leave to Appear Pro Hac Vice by Andrea Woods (Filing fee $ 150 receipt number ATNWDC-3353163) by Favian Busby, Michael Edgington. (Attachments: # 1 Certificate of Good Standing- New York State Second Judicial Department, # 2 Certificate of Good Standing- U.S. District Court of Western Washington)(Woods, Andrea) (Entered: 05/21/2020)

1 Certificate of Good Standing- New York State Second Judicial Department

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2 Certificate of Good Standing- U.S. District Court of Western Washington

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May 21, 2020 PACER
18

ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 5/22/20. (Lipman, Sheryl) (Entered: 05/22/2020)

May 22, 2020 PACER
19

NOTICE by Favian Busby, Michael Edgington re 2 First MOTION for Temporary Restraining Order Proposed Order Submitted Notice of Supplemental Authority (Attachments: # 1 Supplement Cameron v. Bouchard)(Timmons, Brice) (Entered: 05/24/2020)

1 Supplement Cameron v. Bouchard

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May 24, 2020 PACER
20

NOTICE of Appearance by James I. Pentecost on behalf of Floyd Bonner, Jr., Shelby County Sheriff's Office (Pentecost, James) (Entered: 05/26/2020)

May 26, 2020 PACER
21

NOTICE of Appearance by Nathan Daniel Tilly on behalf of Floyd Bonner, Jr., Shelby County Sheriff's Office (Tilly, Nathan) (Entered: 05/26/2020)

May 26, 2020 PACER
22

NOTICE of Appearance by J. Austin Stokes on behalf of Floyd Bonner, Jr., Shelby County Sheriff's Office (Stokes, J.) (Entered: 05/26/2020)

May 26, 2020 PACER
23

NOTICE of Appearance by Marlinee Iverson on behalf of All Defendants (Iverson, Marlinee) (Entered: 05/26/2020)

May 26, 2020 PACER
24

NOTICE of Appearance by Bridgett L. Stigger on behalf of Floyd Bonner, Jr., Shelby County Sheriff's Office (Stigger, Bridgett) (Entered: 05/26/2020)

May 26, 2020 PACER
25

MOTION to Dismiss by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Attachments: # 1 Memorandum in Support)(Tilly, Nathan) (Entered: 05/26/2020)

1 Memorandum in Support

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May 26, 2020 PACER
26

RESPONSE in Opposition re 3 MOTION to Certify Class filed by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Stokes, J.) (Entered: 05/26/2020)

May 26, 2020 PACER
27

RESPONSE in Opposition re 2 First MOTION for Temporary Restraining Order Proposed Order Submitted filed by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Attachments: # 1 Declaration of Kirk Fields, # 2 Declaration of Amy Weirich, # 3 Declaration of Judge Campbell, # 4 Declaration of Judge Craft, # 5 Declaration of Dr. Bruce Randolph, # 6 Declaration of Dr. Donna Randolph)(Tilly, Nathan) (Entered: 05/26/2020)

1 Declaration of Kirk Fields

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2 Declaration of Amy Weirich

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3 Declaration of Judge Campbell

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4 Declaration of Judge Craft

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5 Declaration of Dr. Bruce Randolph

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6 Declaration of Dr. Donna Randolph

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May 26, 2020 PACER
28

MOTION for Leave to Appear Pro Hac Vice proposed order submitted (Filing fee $ 150 receipt number ATNWDC-3354505) by All Plaintiffs. (Attachments: # 1 Certificate of Good Standing - Supreme Court of California, # 2 Certificate of Good Standing - Northern District of California)(Brennan-Krohn, Zoe) (Entered: 05/26/2020)

1 Certificate of Good Standing - Supreme Court of California

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2 Certificate of Good Standing - Northern District of California

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May 26, 2020 PACER
29

ORDER granting 28 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 5/26/20. (Lipman, Sheryl) (Entered: 05/26/2020)

May 26, 2020 PACER
30

ATTACHMENT Plaintiffs' Exhibit List to 2 First MOTION for Temporary Restraining Order Proposed Order Submitted by Favian Busby, Michael Edgington.. (Woods, Andrea) (Entered: 05/26/2020)

May 26, 2020 PACER
31

NOTICE by Floyd Bonner, Jr., Shelby County Sheriff's Office Respondents' Exhibit List (Stokes, J.) (Entered: 05/26/2020)

May 26, 2020 PACER
32

NOTICE of Appearance by Stella Marie Yarbrough on behalf of All Plaintiffs (Yarbrough, Stella) (Entered: 05/27/2020)

May 27, 2020 PACER
33

NOTICE of Appearance by Thomas Hauser Castelli on behalf of All Plaintiffs (Castelli, Thomas) (Entered: 05/27/2020)

May 27, 2020 PACER
34

Minute Entry for proceedings held before Judge Sheryl H. Lipman: A hearing on the First Motion for Temporary Restraining Order 2 was held via Skype Video on 5/27/2020. Jonathan Silberstein-Loeb, Amreeta Mathai, Andrea Woods, Brice M. Timmons, Zoe Brennan-Krohn, Joshua Spickler and Stella M. Yarbrough appeared for the plaintiff(s). J. Austin Stokes, James I. Pentecost, Nathan D. Tilly, Bridgett L. Stigger and Marlinee Iverson appeared for the defendant(s). Plaintiff's proof/sworn witnesses: Dr. Joe Goldenson, M.D. Plaintiff to respond to Defendant's Motion to Dismiss 25 by midnight on Friday, May 29, 2020. Defendant to file their reply to the response by noon on Thursday, June 4, 2020. The court will enter a written order upon ruling. (Court Reporter: Candace Covey) (smm) (Entered: 05/27/2020)

May 27, 2020 PACER
35

RESPONSE in Opposition re 25 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Affidavit Declaration of Jonathan Loeb-Silverstein, # 2 Exhibit March 13 COVID-19 Order, # 3 Exhibit March 25 COVID-19 Order, # 4 Exhibit April 24 COVID-19 Order, # 5 Exhibit March 27 Letter from Hon. John W. Campbell)(Timmons, Brice) (Entered: 05/29/2020)

1 Affidavit Declaration of Jonathan Loeb-Silverstein

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2 Exhibit March 13 COVID-19 Order

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3 Exhibit March 25 COVID-19 Order

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4 Exhibit April 24 COVID-19 Order

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5 Exhibit March 27 Letter from Hon. John W. Campbell

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May 29, 2020 PACER
36

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 05/27/20 before Judge Sheryl H. Lipman. Court Reporter Candace Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 6/8/2020. Redaction Request due 6/22/2020. Release of Transcript Restriction set for 8/31/2020. (Covey, Candace) (Entered: 06/01/2020)

June 1, 2020 PACER
37

REPLY to Response to Motion re 35 Response in Opposition to Motion, to Dismiss filed by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Tilly, Nathan) (Entered: 06/04/2020)

June 4, 2020 PACER
38

ORDER DENYING DEFENDANTS' MOTION TO DISMISS AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR CLASS CERTIFICATION 3 25 . Signed by Judge Sheryl H. Lipman on 06/10/2020. (shl) (Entered: 06/10/2020)

June 10, 2020 RECAP
39

MOTION for Leave to File the List of Class and Subclass Members under Seal (proposed order submitted) by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Pentecost, James) (Entered: 06/12/2020)

June 12, 2020 PACER
40

MOTION to Amend/Correct 38 Order on Motion to Certify Class, Order on Motion to Dismiss proposed order submitted by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Stokes, J.) (Entered: 06/12/2020)

June 12, 2020 PACER
41

Sealed Document Preliminary Class List. (Stokes, J.) (Entered: 06/12/2020)

June 12, 2020 PACER
42

ORDER GRANTING DEFENDANTS' MOTION 39 FOR LEAVE TO FILE LIST OF CLASS AND SUBCLASS MEMBERS UNDER SEAL AND DEFENDANTS' MOTION 40 TO EXTEND THE DEADLINE FOR FILING THE LIST OF CLASS AND SUBCLASS MEMBERS. Signed by Judge Sheryl H. Lipman on 6/12/2020. (shl) (Entered: 06/12/2020)

June 12, 2020 PACER
43

Sealed Document Class List. (Tilly, Nathan) (Entered: 06/12/2020)

June 12, 2020 PACER
44

Sealed Document Subclass List. (Tilly, Nathan) (Entered: 06/12/2020)

June 12, 2020 PACER
45

ORDER ADDRESSING MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Sheryl H. Lipman on 6/12/2020. (shl) (Entered: 06/12/2020)

June 12, 2020 PACER
46

NOTICE of Hearing on First Motion for Temporary Restraining Order 2 : The Court will hold a hearing on June 30, 2020 at 9:00 a.m. in Courtroom #1 - Memphis to hear from the Independent Inspector on his or her findings as well as any other proof the Parties wish to offer.(smm) (Entered: 06/15/2020)

June 15, 2020 PACER
47

First MOTION to Continue Hearing, proposed order submitted by All Defendants. (Attachments: # 1 Affidavit James I. Pentecost, # 2 Affidavit Nathan D. Tilly)(Pentecost, James) (Entered: 06/15/2020)

1 Affidavit James I. Pentecost

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2 Affidavit Nathan D. Tilly

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June 15, 2020 PACER
48

NOTICE by Favian Busby, Michael Edgington of Proposed Inspectors and Scope (Attachments: # 1 Exhibit Venters CV, # 2 Exhibit Brinkley-Rubinstein CV)(Woods, Andrea) (Entered: 06/16/2020)

1 Exhibit Venters CV

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2 Exhibit Brinkley-Rubinstein CV

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June 16, 2020 PACER
49

NOTICE by Floyd Bonner, Jr., Shelby County Sheriff's Office re 45 Order of Proposed Independent Inspectors (Attachments: # 1 Exhibit Proposed Inspector Letter, # 2 Exhibit Bedard CV, # 3 Exhibit Brady Resume)(Stokes, J.) (Entered: 06/16/2020)

1 Exhibit Proposed Inspector Letter

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2 Exhibit Bedard CV

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3 Exhibit Brady Resume

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June 16, 2020 PACER
50

AMENDED COMPLAINT against All Defendants All Defendants., filed by All Plaintiffs.(Timmons, Brice) (Entered: 06/16/2020)

June 16, 2020 PACER
51

AFFIDAVIT re 2 First MOTION for Temporary Restraining Order Proposed Order Submitted Decl. W. Dozier for Joseph Nelson by Favian Busby, Michael Edgington. (Timmons, Brice) (Entered: 06/16/2020)

June 16, 2020 PACER
52

AFFIDAVIT re 2 First MOTION for Temporary Restraining Order Proposed Order Submitted Decl. J. Spickler for Russell Leaks by Favian Busby, Michael Edgington. (Timmons, Brice) (Entered: 06/16/2020)

June 16, 2020 PACER
53

NOTICE OF SETTING (TEXT ONLY NO IMAGE ASSOCIATED WITH THIS ENTRY): The parties are hereby notified that a Status Conference has been set for Thursday, June 18, 2020 at 1:00 PM via Skype Video before Judge Sheryl H. Lipman. The Court will send, via email, to each attorney, an invitation for the conference. Parties shall consult the Skype for Business webpage for instructions on downloading the proper extensions for their computer. (smm) (Entered: 06/17/2020)

June 17, 2020 PACER
54

Minute Entry for proceedings held before Judge Sheryl H. Lipman: Status Conference was held via Skype Video on 6/18/2020. Jonathan Silberstein-Loeb, Andrea Woods, Brice M. Timmons, Zoe Brennan-Krohn and Joshua Spickler appeared for the plaintiff(s). J. Austin Stokes, James I. Pentecost, Nathan D. Tilly, Bridgett L. Stigger and Marlinee Iverson appeared for the defendant(s). The prospective investigators were discussed and the court ruled that the fees for the investigator would be split 50/50 between them parties. Defendant's motion to continue 47 was granted. The Court will hold a hearing on Wednesday, July 1, 2020 at 1:30 PM (CST) via Skype to hear from the Independent Inspector on his or her findings as well as any other proof the Parties wish to offer.(Court Reporter: Kristi Heasley) (smm) (Entered: 06/18/2020)

June 18, 2020 PACER
55

SETTING LETTER - (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): Hearing on First Motion for Temporary Restraining Order 2 : The Court will hold a hearing on Wednesday, July 1, 2020 at 1:30 PM (CST) to hear from the Independent Inspector on his or her findings as well as any other proof the Parties wish to offer. The proceeding will be done via Skype for Business video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties shall consult the Skype for Business webpage for instructions on downloading the proper extensions for their computer.(smm) (Entered: 06/18/2020)

June 18, 2020 PACER
56

INSPECTION ORDER. Signed by Judge Sheryl H. Lipman on 06/18/2020. (shl) (Entered: 06/18/2020)

June 18, 2020 PACER
57

MOTION for Discovery with Incorporated Memorandum of Law by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Interrogatories, # 2 Exhibit Proposed Requests for Production, # 3 Exhibit Proposed Deposition Notice for K Fields, # 4 Exhibit Proposed Deposition Notice for B Randolph, # 5 Exhibit Proposed Deposition Notice for D Randolph, # 6 Exhibit Notice of lnspection)(Timmons, Brice) (Entered: 06/19/2020)

1 Exhibit Proposed Interrogatories

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2 Exhibit Proposed Requests for Production

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3 Exhibit Proposed Deposition Notice for K Fields

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4 Exhibit Proposed Deposition Notice for B Randolph

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5 Exhibit Proposed Deposition Notice for D Randolph

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6 Exhibit Notice of lnspection

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June 19, 2020 PACER
58

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 57 MOTION for Discovery with Incorporated Memorandum of Law filed by Favian Busby, Michael Edgington has been filed. For future reference, please note Filer failed to include a certificate of consultation. Document may be filed as an attachment to 57 . Please refer to the ECF User Manual and ECF Policies and Procedures. Filer is not required to resubmit document. (jae) (Entered: 06/19/2020)

June 19, 2020 PACER
59

CERTIFICATE of Counsel re 57 MOTION for Discovery with Incorporated Memorandum of Law Certificate of Consultation by Brice Moffatt Timmons on behalf of All Plaintiffs (Timmons, Brice) (Entered: 06/19/2020)

June 19, 2020 PACER
60

ORDER ADDRESSING PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY. Signed by Judge Sheryl H. Lipman on 6/19/2020. (shl) (Entered: 06/19/2020)

June 19, 2020 PACER
61

ORDER SETTING EXPEDITED BRIEFING SCHEDULE ON MOTION 57 FOR EXPEDITED DISCOVERY. Signed by Judge Sheryl H. Lipman on 6/19/2020. (shl) (Entered: 06/19/2020)

June 19, 2020 PACER
62

CERTIFICATE of Counsel re 60 Order, 57 MOTION for Discovery with Incorporated Memorandum of Law, 58 Courtesy Notice,, Amended Certificate of Consultation by Brice Moffatt Timmons on behalf of All Plaintiffs (Timmons, Brice) (Entered: 06/22/2020)

June 22, 2020 PACER
63

Notice of Correction to 57 MOTION for Discovery with Incorporated Memorandum of Law Exhibit E - Notice to Take Deposition of Donna Randolph. (Attachments: # 1 Exhibit Notice to Take Deposition of Donna Randolph)(Timmons, Brice) (Entered: 06/22/2020)

1 Exhibit Notice to Take Deposition of Donna Randolph

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June 22, 2020 PACER
64

RESPONSE in Opposition re 57 MOTION for Discovery with Incorporated Memorandum of Law filed by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Tilly, Nathan) (Entered: 06/22/2020)

June 22, 2020 PACER
65

NOTICE OF SETTING - (TEXT ONLY - NO IMAGE ASSOCIATED WITH THIS ENTRY): The parties are hereby notified that a Status Conference, to discuss the pending discovery motion 57 has been set for Tuesday, June 23, 2020 at 11:00 AM (CST) before Judge Lipman. The proceeding will be done via Skype for Business video conference. The Court will email the parties an invitation for the video conference prior to the proceeding.Counsel should submit any exhibits to be offered to the Judge's ECF mailbox prior to the proceeding.The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: https://www.tnwd.uscourts.gov/videohearings The access information will be delivered via email to the email address from which the request originated.Parties shall consult the Skype for Business webpage for instructions on downloading the proper extensions for their computer.(smm) Modified on 6/22/2020 (smm). (Entered: 06/22/2020)

June 22, 2020 PACER
66

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 18, 2020, Status Conference before Judge Sheryl H. Lipman. Court Reporter Kristi Heasley, Telephone number 731-421-9237. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 6/29/2020. Redaction Request due 7/14/2020. Release of Transcript Restriction set for 9/21/2020. (Heasley, Kristi) (Entered: 06/23/2020)

June 23, 2020 PACER
67

Minute Entry for proceedings held before Judge Sheryl H. Lipman: A Status Conference, to discuss the pending discovery motion 57 was held via Skype Video on 6/23/2020. Jonathan Silberstein-Loeb, Amreeta Mathai, Andrea Woods, Brice M. Timmons, Zoe Brennan-Krohn, and Stella M. Yarbrough appeared for the plaintiff(s). J. Austin Stokes, James I. Pentecost, Nathan D. Tilly, Bridgett L. Stigger and Marlinee Iverson appeared for the defendant(s). Defendants shall respond to the interrogatories and requests for production by Friday, June 26, 2020 and shall respond to all remaining requests by Monday, June 29, 2020. Written Order to be entered. (Court Reporter: Candace Covey) (smm) (Entered: 06/23/2020)

June 23, 2020 PACER
68

MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3374125) by All Plaintiffs. (Attachments: # 1 State of New York Certificate of Good Standing, # 2 Eastern District of California Certificate of Good Standing, # 3 Proposed Order)(Morris, Maria) (Entered: 06/23/2020)

1 State of New York Certificate of Good Standing

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2 Eastern District of California Certificate of Good Standing

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3 Proposed Order

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June 23, 2020 PACER
69

ORDER GRANTING IN PART AND LIMITING IN PART PLAINTIFFS' MOTION 57 FOR EXPEDITED DISCOVERY. Signed by Judge Sheryl H. Lipman on 6/23/2020. (shl) (Entered: 06/23/2020)

June 23, 2020 PACER
70

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 68 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3374125) filed by Favian Busby, Michael Edgington has been filed. However, the following deficiency has been found: One of your certificates is more than six months old (Sept 2019) and it is preferred that a more current certificate be obtained. Also, proposed orders are not to be published on the docket, but only emailed to chambers. This motion will be termed pending re-submission. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (jae) (Entered: 06/24/2020)

June 24, 2020 PACER
71

Corrected MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) by All Plaintiffs. (Attachments: # 1 State of New York Certificate of Good Standing, # 2 Eastern District of California Certificate of Good Standing)(Morris, Maria) (Entered: 06/24/2020)

1 State of New York Certificate of Good Standing

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2 Eastern District of California Certificate of Good Standing

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June 24, 2020 PACER
72

ORDER granting 71 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 6/24/20. (Lipman, Sheryl) (Entered: 06/24/2020)

June 24, 2020 PACER
73

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/23/20 before Judge Sheryl H. Lipman. Court Reporter Candace Covey, Telephone number 901-495-1216. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 7/1/2020. Redaction Request due 7/17/2020. Release of Transcript Restriction set for 9/24/2020. (Covey, Candace) (Entered: 06/26/2020)

June 26, 2020 PACER
74

Joint MOTION for Protective Order by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Attachments: # 1 Agreed Protective Order)(Stokes, J.) (Entered: 06/26/2020)

1 Agreed Protective Order

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June 26, 2020 PACER
75

ORDER GRANTING JOINT MOTION 74 FOR ENTRY OF A PROTECTIVE ORDER. Signed by Judge Sheryl H. Lipman on 6/29/2020. (shl) (Entered: 06/29/2020)

June 29, 2020 PACER
76

INSPECTION REPORT. (Lipman, Sheryl) (Entered: 06/30/2020)

June 30, 2020 RECAP
77

NOTICE by Favian Busby, Michael Edgington Petitioners-Plaintiffs' Notice of Supplemental Authority (Attachments: # 1 Exhibit Exhibit A)(Timmons, Brice) (Entered: 06/30/2020)

1 Exhibit Exhibit A

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June 30, 2020 PACER
78

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by All Defendants. (Attachments: # 1 Memorandum in support of motion to dismiss, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Tilly, Nathan) (Entered: 06/30/2020)

1 Memorandum in support of motion to dismiss

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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June 30, 2020 PACER
79

NOTICE of Hearing on Motion: A Hearing on First Motion for Temporary Restraining Order 2 has been set for Friday, July 10, 2020 at 9:30 AM before Judge Sheryl H. Lipman.. The Court will send, via email, to each attorney, an invitation for the conference. Parties shall consult the Skype for Business webpage for instructions on downloading the proper extensions for their computer. (smm) (Entered: 07/01/2020)

July 1, 2020 PACER
80

INSPECTION REPORT. (Only changes are corrected typos and grammatical errors.) (shl) (Entered: 07/01/2020)

July 1, 2020 PACER
81

NOTICE of Appearance by Joshua Spickler on behalf of All Plaintiffs (Spickler, Joshua) (Entered: 07/01/2020)

July 1, 2020 PACER
82

Minute Entry for proceedings held before Judge Sheryl H. Lipman: A hearing to discuss the Inspector's findings was held via skype video on 7/1/2020. Joshua Spickler, Amreeta Mathai, Andrea Woods, Jonathan Silberstein-Loeb, Brice M. Timmons, Zoe Brennan-Krohn, and Stella M. Yarbrough appeared for the plaintiff(s). J. Austin Stokes, James I. Pentecost, Nathan D. Tilly, Bridgett L. Stigger and Marlinee Iverson appeared for the defendant(s). Sworn witnesses: Mike Brady, Director of Sabot Consulting. Exhibit 1 marked and admitted. Petitioner's response to Defendant's Motion to Dismiss 78 is due by July 15, 2020. Findings of Facts and Conclusions of Law from both parties due by July 15, 2020. A Hearing on the First Motion for Temporary Restraining Order 2 set for Friday, July 10, 2020 at 9:30 AM via Skype Video before Judge Sheryl H. Lipman. (Court Reporter: Catherine Phillips) (smm) (Entered: 07/01/2020)

July 1, 2020 PACER
83

EXHIBIT & WITNESS LIST. (smm) (Entered: 07/01/2020)

July 1, 2020 PACER
84

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings before Judge Sheryl H. Lipman. Court Reporter Catherine J. Phillips, Telephone number 901-495-1535. Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in this matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript, and twenty-one (21) calendar days to file a Request for Redaction. Redaction is the responsibility of the attorneys and pro se litigants who attended the hearing to which the transcription applies. Each party is responsible for reviewing and requesting redaction of testimony of witnesses that were called for the party and for that party's own statements. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal.. Notice of Intent to Request Redaction due 7/10/2020. Redaction Request due 7/27/2020. Release of Transcript Restriction set for 10/5/2020. (cjp) (Entered: 07/05/2020)

July 5, 2020 PACER
85

Amicus Curiae APPEARANCE entered by Janet Goode on behalf of Amici Curiae of Prison Rights Organizations. (Attachments: # 1 Memorandum)(Goode, Janet) (Entered: 07/07/2020)

1 Memorandum

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July 7, 2020 PACER
86

MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3383251) by Favian Busby, Michael Edgington. (Attachments: # 1 Certificate of Good Standing - NY, # 2 Certificate of Good Standing - SDNY)(Robinson, Edward) (Entered: 07/07/2020)

1 Certificate of Good Standing - NY

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2 Certificate of Good Standing - SDNY

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July 7, 2020 PACER
87

MOTION for Writ of Habeas Corpus ad testificandum Unopposed Writ by All Plaintiffs. (Woods, Andrea) (Entered: 07/08/2020)

July 8, 2020 PACER
88

DEFICIENCY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 86 MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3383251) filed by Favian Busby, Michael Edgington has been filed. However, the following deficiency has been found: the certificate of good standing (SDNY) is more than 30 days old. Please refer to the ECF User Manual and ECF Policies and Procedures. The filer has one business day to correct the deficiency. (agj) (Entered: 07/08/2020)

July 8, 2020 PACER
89

MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Filing fee $ 150 receipt number ATNWDC-3384133) by Favian Busby, Michael Edgington. (Attachments: # 1 Certificate of Good Standing - NY, # 2 Certificate of Good Standing - EDNY)(Borner, Meredith) (Entered: 07/08/2020)

1 Certificate of Good Standing - NY

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2 Certificate of Good Standing - EDNY

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July 8, 2020 PACER
90

ORDER granting 89 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 7/8/20. (Lipman, Sheryl) (Entered: 07/08/2020)

July 8, 2020 PACER
91

RESPONSE to Motion re 87 MOTION for Writ of Habeas Corpus ad testificandum Unopposed Writ filed by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Tilly, Nathan) (Entered: 07/09/2020)

July 9, 2020 PACER
92

MOTION for Leave to Appear Pro Hac Vice Proposed Order Submitted (Fee paid as part of previous filing) by Favian Busby, Michael Edgington. (Attachments: # 1 Certificate of Good Standing - NY, # 2 Certificate of Good Standing - EDNY)(Robinson, Edward) (Entered: 07/09/2020)

1 Certificate of Good Standing - NY

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2 Certificate of Good Standing - EDNY

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July 9, 2020 PACER
93

ORDER granting 92 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 7/9/20. (Lipman, Sheryl) (Entered: 07/09/2020)

July 9, 2020 PACER
94

MOTION for Leave to File Reply Proposed Order Submitted by Favian Busby, Michael Edgington. (Attachments: # 1 Exhibit Proposed Reply Brief in Support of Writ)(Woods, Andrea) (Entered: 07/09/2020)

1 Exhibit Proposed Reply Brief in Support of Writ

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July 9, 2020 PACER
95

MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 150 receipt number ATNWDC-3384598) by Favian Busby, Michael Edgington. (Attachments: # 1 Cert of Good Standing, # 2 Cert of Good Standing, # 3 Proposed Order)(Robinson, Jeffery) (Entered: 07/09/2020)

1 Cert of Good Standing

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2 Cert of Good Standing

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3 Proposed Order

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July 9, 2020 PACER
96

ORDER granting 95 Motion for Leave to Appear Pro Hac Vice. [**TEXT ORDER ONLY--NO IMAGE ATTACHED.**] Signed by Judge Sheryl H. Lipman on 7/9/20. (Lipman, Sheryl) (Entered: 07/09/2020)

July 9, 2020 PACER
97

Joint MOTION for Leave to File Partially Redacted Class and Subclass Lists (proposed order submitted) by Floyd Bonner, Jr., Shelby County Sheriff's Office. (Stokes, J.) (Entered: 07/09/2020)

July 9, 2020 PACER
98

NOTICE by Floyd Bonner, Jr., Shelby County Sheriff's Office re 27 Response in Opposition to Motion, Declaration of Bruce Randolph, M.D. M.P.H (Attachments: # 1 Declaration of Bruce Randolph, M.D. M.P.H)(Stokes, J.) (Entered: 07/09/2020)

1 Declaration of Bruce Randolph, M.D. M.P.H

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July 9, 2020 PACER
99

NOTICE by Floyd Bonner, Jr., Shelby County Sheriff's Office re 27 Response in Opposition to Motion, of Filing Deposition of Donna Randolph, M.D. (Attachments: # 1 Deposition of Donna Randolph, M.D.)(Stokes, J.) (Entered: 07/09/2020)

1 Deposition of Donna Randolph, M.D.

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July 9, 2020 PACER
100

NOTICE by Floyd Bonner, Jr., Shelby County Sheriff's Office re 27 Response in Opposition to Motion, of Filing Declaration of Mischelle Best (Attachments: # 1 Declaration of Mischelle Best)(Stokes, J.) (Entered: 07/09/2020)

1 Declaration of Mischelle Best

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July 9, 2020 PACER

State / Territory: Tennessee

Case Type(s):

Jail Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 20, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four named jail detainees on behalf of a class of detainees (1) age 65 or older; or with (2) chronic lung disease or moderate to severe asthma; (3) serious heart conditions; (4) immunodeficiencies; (5) severe obesity; (6) diabetes; (7) chronic kidney disease undergoing dialysis; (8) chronic liver disease; or (9) hemoglobin disorders, and a subclass of detainees at elevated risk of COVID-19 due to disabilities.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Shelby County Sheriff (Memphis, Shelby), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Post-PLRA Population Cap

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

Attorneys fees or sanctions ordered

CDC Guidance ordered implemented

Contact tracing ordered

COVID reporting ordered

COVID testing ordered/modified

Independent monitor/inspector imposed/assisted

Inspection ordered/regulated

Mitigation Denied

Mitigation Granted

Mitigation Requested

PPE-ordered provided to prisoners for free

PPE-ordered worn by staff

Release Denied

Release Requested

Sanitizer/Handsoap ordered made available/used

Social distancing ordered

Type of Facility:

Government-run