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

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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 …

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.

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Summary Authors

Gregory Marsh (7/28/2020)

Justin Hill (10/17/2020)

People

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

Judge(s)

Bond, Emma E. (Maine)

Attorney for Plaintiff

Asen, Taylor (Maine)

Attorney for Defendant

Bolton, Jonathan R. (New York)

Frey, Aaron M (Maine)

Expert/Monitor/Master/Other

Goldenson, Joe (California)

Judge(s)

Bond, Emma E. (Maine)

Rich, John H. III (Maine)

Woodcock, John A. Jr. (Maine)

Attorney 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)

Attorney for Defendant

Bolton, Jonathan R. (New York)

Frey, Aaron M (Maine)

O'Brien, Jillian Renee (California)

Ross, Alisa (Maine)

Expert/Monitor/Master/Other

Goldenson, Joe (California)

Parrish, Roy Gibson (Maine)

Attorney Contact Information via CourtListener

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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	June 8, 2020	June 8, 2020 Order/Opinion 2020 WL 3052220
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
33 1:20-cv-00175	Declaration of Lisa Marchese, Deputy Attorney General, in Support of Motion to Dismiss	June 22, 2020	June 22, 2020 Declaration/Affidavit

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Resources

Title	Description		External URL Date / External URL
Denbow v. Liberty ACLU Maine	The ACLU of Maine filed suit on behalf of Joseph Denbow and Sean Ragsdale, who are being held by the Maine Department of Corrections. Both men have been denied medical furlough, despite being medical…	May 15, 2020	May 16, 2020 https://www.aclumaine.org/...

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Docket

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

Last updated March 8, 2025, 10:35 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 View on PACER 2 Exhibit B - Appendix of filings in Denbow v. State View on PACER 3 Exhibit C - Declaration of Petitioner Sean Ragsdale View on PACER 4 Exhibit D - Letter to Randall Liberty & Ben Beal View on PACER 5 Exhibit E - Denial of Request for Accommodation for Mr. Ragsdale View on PACER 6 Exhibit F - Declaration of Marina Sideris, Esq. View on RECAP 7 Exhibit G - Request for Furlough View on PACER 8 Exhibit H - Emails from Department of Corrections View on RECAP 9 Exhibit I - Declaration of Dr. Parrish View on PACER 10 Exhibit J - Att. A to Parrish Declaration (CV) View on PACER 11 Exhibit K - Goldenson Declaration View on PACER 12 Exhibit L - Att. A to Goldenson Declaration (CV) View on PACER	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 View on PACER 2 PHV Certificate for Alexander Kuljis View on PACER	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 View on PACER 2 Ex. A - Resnik CV View on PACER	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 View on PACER	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 View on PACER 2 Exhibit Superior Court Docket Sheet View on PACER 3 Exhibit Superior Court Orders View on PACER	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. View on PACER	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 View on PACER 2 Cameron v. Bouchard Order View on PACER	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 View on PACER 2 Exhibit March 13, 2020 Memo View on PACER 3 Exhibit US CDC Corrrectional Guidelines View on PACER 4 Exhibit Photos View on PACER 5 Exhibit Public Health Alert Advisory View on PACER 6 Exhibit May 22 Press Release View on PACER 7 Exhibit May 23 Press Release View on PACER 8 Exhibit SCCP Policy View on PACER	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 View on PACER 2 Ex. B - Supp. Dr. Parrish Decl. View on PACER 3 Ex. C - Gross Decl. View on RECAP 4 Ex. D - Sukeforth Decl. View on RECAP 5 Ex. E - Supp. Ragsdale Decl. View on PACER 6 Ex. F - Supp. Denbow Decl. View on PACER 7 Ex. G - Gray Decl. View on RECAP 8 Ex. H - Bond Decl. View on RECAP	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)	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 View on PACER 2 Exhibit Proposed 30(b)(6) Notice View on PACER	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 View on PACER 2 Exhibit B - PCR petition View on PACER 3 Exhibit C - PCR docket sheet View on PACER 4 Exhibit D - Petitioner's memo of law in PCR proceeding View on PACER 5 Exhibit E - Petitioner's emergency motion for release on bail View on PACER 6 Exhibit F - 4/23/20 Order of Justice Anderson View on PACER 7 Exhibit G - Petitioner's emergency motion for bail hearing View on PACER 8 Exhibit H - State's opposition to emergency motion View on PACER 9 Exhibit I - Petitioner's reply on emergency motion View on PACER 10 Exhibit J - special assignment order View on PACER 11 Exhibit K - emails with Oxford County Superior Court clerk's office View on PACER 12 Exhibit L - amended special assignment order View on PACER 13 Exhibit M - Petitioner's renewed motion for bail View on PACER 14 Exhibit N - PMO-SJC-1 View on PACER 15 Exhibit O - Judicial Branch Phased Management Plan View on PACER 16 Exhibit P - Judicial Branch Press Release View on PACER 17 Exhibit Q - procedural order in Avangrid v. Sec'y of Statae View on PACER 18 Exhibit R - order denying petition for writ of habeas corpus in State v. A.I. View on PACER	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 View on PACER	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) View on PACER 2 Exhibit B - Proposed Amended Petition View on PACER	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 View on PACER 2 Exhibit B - State Court Docket View on PACER 3 Declaration of Attorney Hamlen View on PACER 4 Exhibit A to Hamlen Decl. View on PACER 5 Exhibit B to Hamlen Decl. View on PACER	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)	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 RECAP
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 RECAP
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 RECAP
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)	Aug. 14, 2020	Aug. 14, 2020 RECAP
56	JUDGMENT By DEPUTY CLERK: Teagan Snyder (tcs) (Entered: 08/14/2020)	Aug. 14, 2020	Aug. 14, 2020 PACER

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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):