Case: Denbow v. Maine Department of Corrections

1:20-cv-00175 | U.S. District Court for the District of Maine

Filed Date: May 15, 2020

Closed Date: Aug. 14, 2020

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is a habeas action brought by a group of inmates in the the Maine Department of Corrections, seeking release of inmates due to COVID-19. The plaintiffs' claims were dismissed and the case is now closed. A group of vulnerable prisoners brought this lawsuit against the Maine Department of Corrections, alleging that the Department was not sufficiently protecting them against the threat of serious illness or death from the virus. Represented by the ACLU of Maine, they filed …

COVID-19 Summary: This is a habeas action brought by a group of inmates in the the Maine Department of Corrections, seeking release of inmates due to COVID-19. The plaintiffs' claims were dismissed and the case is now closed.


A group of vulnerable prisoners brought this lawsuit against the Maine Department of Corrections, alleging that the Department was not sufficiently protecting them against the threat of serious illness or death from the virus. Represented by the ACLU of Maine, they filed this petition for habeas corpus in the U.S. District Court for the District of Maine on May 15, 2020. The petition was assigned to Judge John A. Woodcock, Jr.

The plaintiffs alleged that the Department was refusing to use medical furlough to reduce the risk of infection for inmates. One caseworker had told an inmate that “there’s nobody being released because of medical conditions, so you can get that idea right out of your head.” In fact, instead of releasing prisoners in an effort to de-densify, as correctional institutions across the country had done, the Department had added “many new technical requirements” for medical furlough. The plaintiffs additionally alleged that the precautions the Department was taking to protect against outbreaks in its facilities were insufficient to protect prisoners, especially medically vulnerable prisoners, from contracting the virus.

The plaintiffs sought to represent a class of “all current and future inmates who, by reason of age or medical condition, [were] particularly vulnerable to injury or death if they were to contract COVID-19.” They proposed 3 subclasses:

  • an Imminent Release Subclass, composed of inmates scheduled to be released within one year;
  • a Minimum Security Subclass, composed of inmates who posed a low security risk and who were housed in minimum-security or community-security settings; and
  • a Disabilities Subclass, composed of people who were medically vulnerable due to underlying medical conditions that qualified as disabilities under the Americans with Disabilities Act and the Rehabilitation Act.
They argued that the policy of keeping vulnerable prisoners in prison, when they could otherwise qualify for medical furlough or home confinement, was a violation of the Eight Amendment’s prohibition on cruel and unusual punishment; that the policy was a violation of the ADA and the Rehabilitation Act for members of the Disabilities Subclass; and that because the policy was unconstitutional and unlawful, the members of the class and subclasses qualified for habeas relief under 28 U.S.C. §2241.

They sought a temporary restraining order, a preliminary injunction, a permanent injunction, an order of enlargement (an order requiring the Department to release prisoners on bail during the pendency of the habeas proceedings), and/or a writ of habeas corpus. They also sought a declaration that it was unconstitutional and unlawful for the Department to categorically deny medical furlough during the pandemic. They requested an order requiring the Department to identify all members of the class and subclasses within two days, to evaluate each class member’s eligibility for medical furlough, home confinement, or other accommodation, and to release enough prisoners “to ensure that all remaining persons are incarcerated...consistent with CDC guidance.”

On May 18, 2020, the plaintiffs moved for a temporary restraining order and a preliminary injunction. The following day, the Department reported its first COVID diagnosis. On June 8, 2020, the court denied the motion for a temporary restraining order. The court held, among other things, that "[g]iven the relatively low number of confirmed cases of COVID-19 in MDOC facilities and what the Court expects will be a rapid resolution of the request for a preliminary injunction, the Court does not see the need for temporary injunctive relief at this time." 2020 WL 3052220.

The Department moved to dismiss the lawsuit on June 22, 2020. The plaintiffs later moved to convert their claim, originally brought under 28 U.S.C. §2241, to an action under §2254. The Court granted this motion on July 15. 2020 WL 4004795.

On August 14, Judge Woodcock dismissed the plaintiffs' habeas claims without prejudice, and dismissed the motion for preliminary injunction as moot. 2020 WL 4736462. Judge Woodcock found that the plaintiffs had failed to exhaust their state remedies as they were statutorily required to do before seeking habeas relief. Although there may have been some common issues of fact, Judge Woodcock determined that Maine state courts could determine whether or not to permit the plaintiffs consolidate those issues. As such, because the petition was dismissed, the case is now closed.

Summary Authors

Gregory Marsh (7/28/2020)

Justin Hill (10/17/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/17177954/parties/denbow-v-maine-department-of-corrections/


Judge(s)

Bond, Emma E. (Maine)

Rich, John H. III (Maine)

Woodcock, John A. Jr. (Maine)

Attorneys(s) for Plaintiff

Asen, Taylor (Maine)

Heiden, Zachary L. (Maine)

Johnson, Miriam (Maine)

Keshavarzi, Moe (California)

Kuljis, A. Alexander (California)

Nofsinger, Jodi (Maine)

Sturgeon, Robert Trask (California)

Judge(s)

Bond, Emma E. (Maine)

Rich, John H. III (Maine)

Woodcock, John A. Jr. (Maine)

Attorneys(s) for Plaintiff

Asen, Taylor (Maine)

Heiden, Zachary L. (Maine)

Johnson, Miriam (Maine)

Keshavarzi, Moe (California)

Kuljis, A. Alexander (California)

Nofsinger, Jodi (Maine)

Sturgeon, Robert Trask (California)

Attorneys(s) for Defendant

Bolton, Jonathan R. (New York)

Frey, Aaron M (Maine)

O'Brien, Jillian Renee (California)

Ross, Alisa (Maine)

Expert/Monitor/Master

Goldenson, Joe (California)

Parrish, Roy Gibson (Maine)

Documents in the Clearinghouse

Document

1:20-cv-00175

Docket [PACER]

Aug. 14, 2020

Aug. 14, 2020

Docket
1, 1-1, 1-3, 1-9, 1-11

1:20-cv-00175

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

May 15, 2020

May 15, 2020

Complaint
5

1:20-cv-00175

Class Motion for Temporary Restraining Order or Preliminary Injunction, With Incorporated Memorandum of Law

May 18, 2020

May 18, 2020

Pleading / Motion / Brief
5-1

1:20-cv-00175

Declaration of Professor Judith Resnik Regarding Enlargement and the Use of Provisional Remedies for Detained Individuals

May 18, 2020

May 18, 2020

Declaration/Affidavit
16

1:20-cv-00175

Notice of Supplemental Authority

May 21, 2020

May 21, 2020

Pleading / Motion / Brief
19, 20 (& 20-1 to 20-8), 21

1:20-cv-00175

Opposition to Motion for Temporary Restraining Order and Incorporated Memorandum of Law

May 27, 2020

May 27, 2020

Pleading / Motion / Brief
22 (& 22-1 to 22-8)

1:20-cv-00175

Reply in Support of Temporary Restraining Order

May 29, 2020

May 29, 2020

Pleading / Motion / Brief
25

1:20-cv-00175

Order on Motion for Temporary Restraining Order

2020 WL 3052220

June 8, 2020

June 8, 2020

Order/Opinion
32

1:20-cv-00175

Declaration of Dr. Ryan Thornell, Ph.D., in Support of Motion to Dismiss

June 22, 2020

June 22, 2020

Declaration/Affidavit
31 (& 31-1 to 31-18)

1:20-cv-00175

Respondents' Motion to Dismiss and Incorporated Memorandum of Law

June 22, 2020

June 22, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17177954/denbow-v-maine-department-of-corrections/

Last updated Aug. 26, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus 2241, filed by JOSEPH A DENBOW, SEAN R RAGSDALE. (Attachments: # 1 Exhibit A - Declaration of Petitioner Joseph Denbow, # 2 Exhibit B - Appendix of filings in Denbow v. State, # 3 Exhibit C - Declaration of Petitioner Sean Ragsdale, # 4 Exhibit D - Letter to Randall Liberty & Ben Beal, # 5 Exhibit E - Denial of Request for Accommodation for Mr. Ragsdale, # 6 Exhibit F - Declaration of Marina Sideris, Esq., # 7 Exhibit G - Request for Furlough, # 8 Exhibit H - Emails from Department of Corrections, # 9 Exhibit I - Declaration of Dr. Parrish, # 10 Exhibit J - Att. A to Parrish Declaration (CV), # 11 Exhibit K - Goldenson Declaration, # 12 Exhibit L - Att. A to Goldenson Declaration (CV))(bfa) Modified on 5/18/2020 to correct description of Exhibit D(tcs). Modified on 5/19/2020 to seal exhibit G and H per counsel's indication of filing a motion to seal (tcs). Modified on 6/2/2020 to unseal exhibits G and H per withdrawal of motion (tcs). (Entered: 05/15/2020)

1 Exhibit A - Declaration of Petitioner Joseph Denbow

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2 Exhibit B - Appendix of filings in Denbow v. State

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3 Exhibit C - Declaration of Petitioner Sean Ragsdale

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4 Exhibit D - Letter to Randall Liberty & Ben Beal

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5 Exhibit E - Denial of Request for Accommodation for Mr. Ragsdale

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6 Exhibit F - Declaration of Marina Sideris, Esq.

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7 Exhibit G - Request for Furlough

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8 Exhibit H - Emails from Department of Corrections

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9 Exhibit I - Declaration of Dr. Parrish

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10 Exhibit J - Att. A to Parrish Declaration (CV)

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11 Exhibit K - Goldenson Declaration

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12 Exhibit L - Att. A to Goldenson Declaration (CV)

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May 15, 2020

May 15, 2020

RECAP
2

CIVIL COVER SHEET. (bfa) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
3

NOTICE of Appearance by ZACHARY L. HEIDEN on behalf of All Plaintiffs (HEIDEN, ZACHARY) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number AMEDC-2230667.), filed by JOSEPH A DENBOW, SEAN R RAGSDALE.(BOND, EMMA)

May 15, 2020

May 15, 2020

PACER
4

CERTIFICATION for Admission Pro Hac Vice of Moe Keshavarzi, Robert Sturgeon, and Alexander Kuljis filed by ZACHARY L. HEIDEN on behalf of All Plaintiffs (Total admission fee $ 300 receipt number AMEDC-2230734.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.gov (Attachments: # 1 PHV Certificate for Robert Sturgeon, # 2 PHV Certificate for Alexander Kuljis)(HEIDEN, ZACHARY) (Entered: 05/15/2020)

1 PHV Certificate for Robert Sturgeon

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2 PHV Certificate for Alexander Kuljis

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May 15, 2020

May 15, 2020

PACER
5

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by JOSEPH A DENBOW, SEAN R RAGSDALE Responses due by 6/8/2020. (Attachments: # 1 Declaration of Prof. Judith Resnik, # 2 Ex. A - Resnik CV)(BOND, EMMA) (Entered: 05/18/2020)

1 Declaration of Prof. Judith Resnik

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2 Ex. A - Resnik CV

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May 18, 2020

May 18, 2020

RECAP

Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Moe Keshavarzi, Attorney Robert Sturgeon, and Attorney Alexander Kuljis must register for a PACER account and/or register for e-filing rights in the District of Maine via PACER at www.pacer.gov by 5/26/2020. For more details on NextGen/Pacer go to our website at www.med.uscourts.gov. (tcs)

May 18, 2020

May 18, 2020

PACER
7

NOTICE of Appearance by JILLIAN R. O'BRIEN on behalf of RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS (O'BRIEN, JILLIAN) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
6

NOTICE of Hearing on Motion 5 MOTION for Temporary Restraining Order; MOTION for Preliminary Injunction - Telephone Conference set for 5/18/2020 03:00 PM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in information.(tcs) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
8

NOTICE of Appearance by ALISA ROSS on behalf of RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS (ROSS, ALISA) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
9

NOTICE of Appearance by JONATHAN R. BOLTON on behalf of RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS (BOLTON, JONATHAN) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
10

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held re 5 MOTION for Temporary Restraining Order; MOTION for Preliminary Injunction. Conference to be continued. Joint Status Report due by 5:00PM on 5/20/2020. (Court Reporter: Lori Dunbar) (tcs) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
11

NOTICE of Hearing on Motion 5 MOTION for Temporary Restraining Order; MOTION for Preliminary Injunction - Continued Telephone Conference set for 5/21/2020 01:00 PM before JUDGE JOHN A. WOODCOCK JR. (tcs) (Entered: 05/18/2020)

May 18, 2020

May 18, 2020

PACER
12

NOTICE/CORRESPONDENCE Re: First Confirmed COVID-19 Case in Maine Department of Corrections Custody by JOSEPH A DENBOW, SEAN R RAGSDALE (Attachments: # 1 Article Regarding First Positive COVID-19 Case in DOC Custody)(BOND, EMMA) (Entered: 05/19/2020)

1 Article Regarding First Positive COVID-19 Case in DOC Custody

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May 19, 2020

May 19, 2020

PACER
13

STATUS REPORT (JOINT) by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS. (Attachments: # 1 Exhibit MDOC Press Release, # 2 Exhibit Superior Court Docket Sheet, # 3 Exhibit Superior Court Orders)(O'BRIEN, JILLIAN) (Entered: 05/20/2020)

1 Exhibit MDOC Press Release

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2 Exhibit Superior Court Docket Sheet

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3 Exhibit Superior Court Orders

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May 20, 2020

May 20, 2020

RECAP
14

MOTION to Seal Exhibits by JOSEPH A DENBOW, SEAN R RAGSDALE Responses due by 6/11/2020. (BOND, EMMA) Modified on 6/2/2020 to unseal per withdrawal of motion at ECF No. 23 (tcs). (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
15

REDACTED Document re 1 PETITION for Writ of Habeas Corpus Att. G and H to Petition by JOSEPH A DENBOW, SEAN R RAGSDALE. (Attachments: # 1 Att. B to Sideris Decl.)(BOND, EMMA) (Entered: 05/21/2020)

1 Att. B to Sideris Decl.

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May 21, 2020

May 21, 2020

PACER
16

NOTICE/CORRESPONDENCE Re: Supplemental Authority in Cameron v. Bouchard by JOSEPH A DENBOW, SEAN R RAGSDALE (Attachments: # 1 Cameron v. Bouchard Opinion, # 2 Cameron v. Bouchard Order)(BOND, EMMA) (Entered: 05/21/2020)

1 Cameron v. Bouchard Opinion

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2 Cameron v. Bouchard Order

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May 21, 2020

May 21, 2020

PACER
17

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference Continued and Completed. Defendants' Statement of Policies and Procedures due by 5/27/2020. Petitioners' Reply to Statement of Policies and Procedures due by 5/29/2020. (Court Reporter: Lori Dunbar) (tcs) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER

Reset Deadlines per Telephone Conference Held 5/21/2020 as to 5 MOTION for Temporary Restraining Order: Defendants' Responses due by 5/27/2020. Petioners' Reply due by 5/29/2020. (tcs)

May 21, 2020

May 21, 2020

PACER
18

NOTICE of Video Hearing on Motion 5 MOTION for Temporary Restraining Order - Oral Argument set for 6/2/2020 10:00 AM before JUDGE JOHN A. WOODCOCK JR. All participants have been emailed information for attending the hearing by video.(tcs) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
19

RESPONSE to Motion re 5 MOTION for Temporary Restraining Order filed by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS. Reply due by 6/10/2020. (O'BRIEN, JILLIAN) Modified on 5/28/2020 to remove preliminary injunction language (tcs). (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP
20

AFFIDAVIT of Dr. Ryan Thornell re 19 Response to Motion filed by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS. (Attachments: # 1 Exhibit March 5, 2020 Memo, # 2 Exhibit March 13, 2020 Memo, # 3 Exhibit US CDC Corrrectional Guidelines, # 4 Exhibit Photos, # 5 Exhibit Public Health Alert Advisory, # 6 Exhibit May 22 Press Release, # 7 Exhibit May 23 Press Release, # 8 Exhibit SCCP Policy)(O'BRIEN, JILLIAN) (Entered: 05/27/2020)

1 Exhibit March 5, 2020 Memo

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2 Exhibit March 13, 2020 Memo

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3 Exhibit US CDC Corrrectional Guidelines

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4 Exhibit Photos

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5 Exhibit Public Health Alert Advisory

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6 Exhibit May 22 Press Release

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7 Exhibit May 23 Press Release

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8 Exhibit SCCP Policy

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May 27, 2020

May 27, 2020

PACER
21

AFFIDAVIT of Dr. John Newby re 19 Response to Motion filed by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS. (O'BRIEN, JILLIAN) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

RECAP

Reset Deadlines Per Telephone Conference Held 5/21/2020 as to 5 MOTION for Temporary Restraining Order: Reply due by 5/29/2020. (tcs)

May 28, 2020

May 28, 2020

PACER
22

REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order filed by JOSEPH A DENBOW, SEAN R RAGSDALE. (Attachments: # 1 Ex. A - U.N. Statement, # 2 Ex. B - Supp. Dr. Parrish Decl., # 3 Ex. C - Gross Decl., # 4 Ex. D - Sukeforth Decl., # 5 Ex. E - Supp. Ragsdale Decl., # 6 Ex. F - Supp. Denbow Decl., # 7 Ex. G - Gray Decl., # 8 Ex. H - Bond Decl.)(BOND, EMMA) Modified on 6/1/2020 to remove preliminary injunction language (tcs). (Entered: 05/29/2020)

1 Ex. A - U.N. Statement

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2 Ex. B - Supp. Dr. Parrish Decl.

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3 Ex. C - Gross Decl.

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4 Ex. D - Sukeforth Decl.

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5 Ex. E - Supp. Ragsdale Decl.

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6 Ex. F - Supp. Denbow Decl.

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7 Ex. G - Gray Decl.

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8 Ex. H - Bond Decl.

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May 29, 2020

May 29, 2020

PACER
23

WITHDRAWAL of 14 MOTION to Seal Exhibits by JOSEPH A DENBOW, SEAN R RAGSDALE . (BOND, EMMA) Modified on 6/2/2020 to clean up docket text (tcs). (Entered: 06/01/2020)

June 1, 2020

June 1, 2020

PACER
24

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Motion Hearing held re 5 MOTION for Temporary Restraining Order filed by SEAN R RAGSDALE, JOSEPH A DENBOW. (Court Reporter: Melissa Merenberg) (tcs) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
25

ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER dismissing without prejudice 5 Motion for TRO By JUDGE JOHN A. WOODCOCK, JR. (CCS) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

RECAP
26

NOTICE of Hearing: Telephone Conference set for 6/11/2020 10:00 AM before JUDGE JOHN A. WOODCOCK JR. Parties have been provided with Court's call in information. (tcs) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
27

Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. Joint Proposal due 6/12/2020 by 5:00PM. (Court Reporter: Melissa Merenberg) (tcs) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
28

JOINT Proposed Discovery and Motion Filing Plan by JOSEPH A DENBOW, SEAN R RAGSDALE. (BOND, EMMA) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
29

ORDER ON JOINT PROPOSED SCHEDULING ORDER re 28 Joint Proposed Discovery and Motion Filing Plan filed by SEAN R RAGSDALE, JOSEPH A DENBOW By JUDGE JOHN A. WOODCOCK, JR. (CCS) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER

Set Deadlines, per Order at ECF No. 29 : Respondents' Motion to Dismiss due by 6/22/2020. Petitioners' response due by 7/13/2020. No replies permitted without leave of Court. Discovery due by 7/24/2020. Pre-hearing memoranda due by 7/31/2020. (CCS)

June 15, 2020

June 15, 2020

PACER
30

NOTICE/CORRESPONDENCE Re: STATUS UPDATE AND STATEMENT OF DISCOVERY REQUESTS BY PETITIONERS AND OBJECTIONS BY RESPONDENTS [JOINT FILING] by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS (Attachments: # 1 Exhibit Proposed Document Requests and Interrogatories, # 2 Exhibit Proposed 30(b)(6) Notice)(O'BRIEN, JILLIAN) (Entered: 06/17/2020)

1 Exhibit Proposed Document Requests and Interrogatories

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2 Exhibit Proposed 30(b)(6) Notice

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June 17, 2020

June 17, 2020

PACER
31

MOTION to Dismiss by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS Responses due by 7/13/2020. (Attachments: # 1 Exhibit A - State's Response to PCR petition, # 2 Exhibit B - PCR petition, # 3 Exhibit C - PCR docket sheet, # 4 Exhibit D - Petitioner's memo of law in PCR proceeding, # 5 Exhibit E - Petitioner's emergency motion for release on bail, # 6 Exhibit F - 4/23/20 Order of Justice Anderson, # 7 Exhibit G - Petitioner's emergency motion for bail hearing, # 8 Exhibit H - State's opposition to emergency motion, # 9 Exhibit I - Petitioner's reply on emergency motion, # 10 Exhibit J - special assignment order, # 11 Exhibit K - emails with Oxford County Superior Court clerk's office, # 12 Exhibit L - amended special assignment order, # 13 Exhibit M - Petitioner's renewed motion for bail, # 14 Exhibit N - PMO-SJC-1, # 15 Exhibit O - Judicial Branch Phased Management Plan, # 16 Exhibit P - Judicial Branch Press Release, # 17 Exhibit Q - procedural order in Avangrid v. Sec'y of Statae, # 18 Exhibit R - order denying petition for writ of habeas corpus in State v. A.I.)(BOLTON, JONATHAN) (Entered: 06/22/2020)

1 Exhibit A - State's Response to PCR petition

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2 Exhibit B - PCR petition

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3 Exhibit C - PCR docket sheet

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4 Exhibit D - Petitioner's memo of law in PCR proceeding

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5 Exhibit E - Petitioner's emergency motion for release on bail

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6 Exhibit F - 4/23/20 Order of Justice Anderson

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7 Exhibit G - Petitioner's emergency motion for bail hearing

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8 Exhibit H - State's opposition to emergency motion

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9 Exhibit I - Petitioner's reply on emergency motion

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10 Exhibit J - special assignment order

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11 Exhibit K - emails with Oxford County Superior Court clerk's office

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12 Exhibit L - amended special assignment order

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13 Exhibit M - Petitioner's renewed motion for bail

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14 Exhibit N - PMO-SJC-1

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15 Exhibit O - Judicial Branch Phased Management Plan

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16 Exhibit P - Judicial Branch Press Release

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17 Exhibit Q - procedural order in Avangrid v. Sec'y of Statae

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18 Exhibit R - order denying petition for writ of habeas corpus in State v. A.I.

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June 22, 2020

June 22, 2020

RECAP
32

AFFIDAVIT of Deputy Commissioner Ryan Thornell re 31 MOTION to Dismiss filed by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS. (BOLTON, JONATHAN) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

RECAP
33

AFFIDAVIT of Deputy Attorney General Lisa Marchese re 31 MOTION to Dismiss filed by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS. (BOLTON, JONATHAN) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

RECAP
34

INTERIM ORDER ON DISCOVERY REQUESTS By JUDGE JOHN A. WOODCOCK, JR. (CCS) (Entered: 06/25/2020)

June 25, 2020

June 25, 2020

RECAP

Set Deadlines pursuant to Order at ECF No. 34 : Respondents' memo due by 7/3/2020. Petitioners' response due by 7/10/2020. Reply by leave of Court only - any motion for leave to reply due by 7/13/2020. (CCS)

June 25, 2020

June 25, 2020

PACER
35

MEMORANDUM by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS in support of 34 Order in support of application of the Rules Governing ยง2254 Cases to this Action. (BOLTON, JONATHAN) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
36

Consent MOTION for Confidentiality Order by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS Responses due by 7/29/2020. (Attachments: # 1 Text of Proposed Order Consent Confidentiality Order)(O'BRIEN, JILLIAN) (Entered: 07/08/2020)

1 Text of Proposed Order Consent Confidentiality Order

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July 8, 2020

July 8, 2020

PACER
37

CONSENT CONFIDENTIALITY ORDER granting 36 Motion for Confidentiality Order: The Court APPROVES the parties' Consent Confidentiality Order. However, the Court notes, based on United States v. Kravetz, 706 F.3d 47 (1st Cir. 2013), that its approval of confidentiality for purposes of discovery may not extend to trial or dispositive motions as the legal standards for confidentiality in those circumstances are different. By JUDGE JOHN A. WOODCOCK, JR. (CCS) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
38

MEMORANDUM by JOSEPH A DENBOW, SEAN R RAGSDALE in support of 34 Order in Opposition to Conversion to a Section 2254 Petition. (BOND, EMMA) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
39

MOTION to Amend Petition by Adding Party by JOSEPH A DENBOW, SEAN R RAGSDALE Responses due by 7/31/2020. (Attachments: # 1 Exhibit A - Proposed Amended Petition (Track Changes), # 2 Exhibit B - Proposed Amended Petition)(BOND, EMMA) (Entered: 07/10/2020)

1 Exhibit A - Proposed Amended Petition (Track Changes)

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2 Exhibit B - Proposed Amended Petition

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July 10, 2020

July 10, 2020

PACER
40

RESPONSE in Opposition re 31 MOTION to Dismiss filed by JOSEPH A DENBOW, SEAN R RAGSDALE. Reply due by 7/27/2020. (Attachments: # 1 Exhibit A - Denbow Motion to Add Class Claims in State Court, # 2 Exhibit B - State Court Docket, # 3 Declaration of Attorney Hamlen, # 4 Exhibit A to Hamlen Decl., # 5 Exhibit B to Hamlen Decl.)(BOND, EMMA) (Entered: 07/13/2020)

1 Exhibit A - Denbow Motion to Add Class Claims in State Court

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2 Exhibit B - State Court Docket

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3 Declaration of Attorney Hamlen

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4 Exhibit A to Hamlen Decl.

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5 Exhibit B to Hamlen Decl.

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July 13, 2020

July 13, 2020

PACER
41

ORDER ON CONVERSION OF PETITION, APPLICATION OF HABEAS RULES, AND DISCOVERY REQUESTS By JUDGE JOHN A. WOODCOCK, JR. (CCS) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

RECAP
42

NOTICE/CORRESPONDENCE Re: Motion to Dismiss by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS (Attachments: # 1 Exhibit A - Order Dismissing Denbow v. State of Maine, # 2 Exhibit B - Order Denying Motion for Bail in Denbow v. State of Maine)(BOLTON, JONATHAN) (Entered: 07/15/2020)

1 Exhibit A - Order Dismissing Denbow v. State of Maine

View on PACER

2 Exhibit B - Order Denying Motion for Bail in Denbow v. State of Maine

View on PACER

July 15, 2020

July 15, 2020

PACER
43

ORDER re 42 Notice (Other)/Correspondence re: 31 MOTION to Dismiss filed by MAINE DEPARTMENT OF CORRECTIONS, RANDALL A LIBERTY, filed by MAINE DEPARTMENT OF CORRECTIONS, RANDALL A LIBERTY : Although the Respondents were required to file a motion for leave to file a reply, they did not do so and instead filed a letter on July 15, 2020, asserting it was not a reply. The letter attaches two new Superior Court orders and cites eight federal district court cases decided from June 22, 2020, through July 10, 2020, where the Respondents represent the courts have dismissed or recommended dismissal of COVID-19 related federal habeas petitions for failure to exhaust administrative remedies. The Court considers Respondents' letter to be a reply and grants its presumed motion for leave to file reply. In fairness to Petitioners, the Court will allow them to file a sur-reply to the Respondents' reply by the end of the day on Monday, July 20, 2020. SO ORDERED. By JUDGE JOHN A. WOODCOCK, JR. (CCS) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER

Set Deadlines as to 31 MOTION to Dismiss : Sur-Reply due by 7/20/2020. (tcs)

July 15, 2020

July 15, 2020

PACER

Order

July 15, 2020

July 15, 2020

PACER
44

AFFIDAVIT of Ryan Thornell re 20 Affidavit, CORRECTION filed by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS. (O'BRIEN, JILLIAN) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

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45

SUR-REPLY to Motion re 31 MOTION to Dismiss filed by JOSEPH A DENBOW, SEAN R RAGSDALE. (BOND, EMMA) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
46

NOTICE/CORRESPONDENCE Re: JOINT NOTICE RE PETITIONER RAGSDALE by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS (O'BRIEN, JILLIAN) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

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47

MOTION to Amend Scheduling Order by JOSEPH A DENBOW, SEAN R RAGSDALE Responses due by 8/18/2020. (BOND, EMMA) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER
48

ORDER granting 47 Motion to Amend Scheduling Order By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 07/28/2020)

July 28, 2020

July 28, 2020

PACER

Reset Scheduling Order Deadlines per Order at ECF No. 48: Discovery due by 7/31/2020. (tcs)

July 28, 2020

July 28, 2020

PACER

Reset Deadlines per Order at ECF No. 48:. Pre-hearing Memoranda due by 8/7/2020. (tcs)

July 28, 2020

July 28, 2020

PACER

Order on Motion to Amend Scheduling Order

July 28, 2020

July 28, 2020

PACER
49

RESPONSE in Opposition re 39 MOTION to Amend Petition by Adding Party filed by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS. Reply due by 8/13/2020. (O'BRIEN, JILLIAN) (Entered: 07/30/2020)

July 30, 2020

July 30, 2020

PACER
50

Consent MOTION to Amend Scheduling Order by RANDALL A LIBERTY, MAINE DEPARTMENT OF CORRECTIONS Responses due by 8/27/2020. (O'BRIEN, JILLIAN) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

RECAP
51

ORDER re 45 Sur-Reply to Motion filed by SEAN R RAGSDALE, JOSEPH A DENBOW: The Court has reviewed Petitioners' Sur-Reply in Opposition to Motion to Dismiss (ECF No. 45) and notes that it appears the appeal deadline for Mr. Denbow's state post-conviction review petition was Tuesday, August 4, 2020. In order to properly evaluate Respondents' arguments about Younger abstention, the Court ORDERS Petitioners to inform the Court whether they did pursue an appeal by end of day Thursday, August 6, 2020 By JUDGE JOHN A. WOODCOCK, JR. (CCS) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER
53

NOTICE/CORRESPONDENCE Re: Status of Mr. Denbow's State Post-Conviction Review by JOSEPH A DENBOW, SEAN R RAGSDALE (BOND, EMMA) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

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52

ORDER granting 50 Motion to Amend Scheduling Order By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 08/06/2020)

Aug. 6, 2020

Aug. 6, 2020

PACER

Reset Deadlines per Order at ECF No. 52: Pre-hearing Memoranda due by 8/14/2020. (tcs)

Aug. 6, 2020

Aug. 6, 2020

PACER

Set Deadlines per Order at ECF No. 51: Petitioners to inform the Court whether appeal was pursued by 4:00PM on 8/7/2020. (tcs)

Aug. 6, 2020

Aug. 6, 2020

PACER

Reset Deadlines (Previous Deadline Set in Error) per Order at ECF No. 51: Petitioners to inform the Court whether appeal was pursued by 4:00PM on 8/6/2020. (tcs)

Aug. 6, 2020

Aug. 6, 2020

PACER

Order

Aug. 6, 2020

Aug. 6, 2020

PACER

Order on Motion to Amend Scheduling Order

Aug. 6, 2020

Aug. 6, 2020

PACER
54

REPLY to Response to Motion re 39 MOTION to Amend Petition by Adding Party filed by JOSEPH A DENBOW, SEAN R RAGSDALE. (BOND, EMMA) (Entered: 08/12/2020)

Aug. 12, 2020

Aug. 12, 2020

PACER
55

ORDER ON MOTION TO DISMISS - granting 31 Motion to Dismiss; dismissing without prejudice 1 Petition for Writ of Habeas Corpus; dismissing 5 Motion for Preliminary Injunction as Moot; dismissing 39 Motion to Amend as Moot By JUDGE JOHN A. WOODCOCK, JR. (tcs) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

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56

JUDGMENT By DEPUTY CLERK: Teagan Snyder (tcs) (Entered: 08/14/2020)

Aug. 14, 2020

Aug. 14, 2020

PACER

Case Details

State / Territory: Maine

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: May 15, 2020

Closing Date: Aug. 14, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Medically vulnerable inmates of the Maine Department of Corrections seeking for medical release, release to home confinement, or increased precautions against COVID-19.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Maine Department of Corrections, State

Commissioner of Maine Department of Corrections, State

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):

Cruel and Unusual Punishment

Suspension Clause

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Conditions of confinement

Reasonable Accommodations

Reasonable Modifications

Sanitation / living conditions

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run