Case: Hallinan v. Scarantino

5:20-ct-03333 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Oct. 26, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This putative class action lawsuit and habeas petition was filed by ten incarcerated individuals at Federal Correctional Complex Butner on October 26, 2020, seeking safety remedies and release. On May 11, 2021, the Court stayed the case. Note that this is a successor case to Hallinan v. Scarantino, 5:20-hc-02088 (E.D.N.C.). This putative class action lawsuit and habeas petition challenged the COVID-19 response at the Federal Correctional Complex (FCC) Butner, alleging inadequ…

COVID-19 Summary: This putative class action lawsuit and habeas petition was filed by ten incarcerated individuals at Federal Correctional Complex Butner on October 26, 2020, seeking safety remedies and release. On May 11, 2021, the Court stayed the case. Note that this is a successor case to Hallinan v. Scarantino, 5:20-hc-02088 (E.D.N.C.).


This putative class action lawsuit and habeas petition challenged the COVID-19 response at the Federal Correctional Complex (FCC) Butner, alleging inadequate health and safety measures. Ten incarcerated individuals filed the suit in the U.S. District Court for the Eastern District of North Carolina against the Federal Bureau of Prisons (BOP), the warden of FCC Butner, and the BOP director and medical director on October 26, 2020, on behalf of themselves and all similarly situated plaintiffs. Eight of the plaintiffs claimed to have disabilities as defined under the Rehabilitation Act, while two did not allege to have disabilities. The plaintiffs sought class certification, with the class including all current and future individuals incarcerated at FCC Butner while anyone on the premises is infected with COVID-19 and a disability subclass consisting of medically vulnerable individuals protected under Section 504 of the Rehabilitation Act.

The eight plaintiffs with disabilities argued that the defendants were in violation of the Rehabilitation Act by failing to make the reasonable modifications necessary to ensure equal access to programs, services, and activities for those with disabilities who face a high risk of health complications or death by COVID-19. These plaintiffs contended that they were not able to take steps to protect themselves from the spread of the virus and that defendants failed to mitigate the risks to the disabled population of FCC Butner. By failing to take steps to mitigate the effects of the pandemic, the plaintiffs argued that the defendants' policies created a disparate impact on disabled individuals by subjecting them to a much higher risk of health complications and death compared to the non-disabled.

All ten plaintiffs alleged that their conditions of confinement amounted to a violation of the Eighth Amendment's prohibition on cruel and unusual punishment by failing to provide the plaintiffs adequate protections and declining to take reasonable steps to mitigate the risk to the health and safety of the plaintiffs. The plaintiffs requested a declaratory judgment that Butner's policies violated the Eighth Amendment and Section 504 of the Rehabilitation Act. The plaintiffs further asked that the Court create and implement a mitigation plan for prevention of COVID-19 transmission consistent with Centers for Disease Control and Prevention guidelines. In addition, the plaintiffs asked that the Court order the defendants to establish a process to identify all incarcerated persons who are appropriate for release on home confinement, furlough, or other release mechanisms and to grant a writ of habeas corpus requiring the defendants to release all persons identified through that process.

The case was assigned to Judge Richard E. Myers II. On November 9, 2020, the plaintiffs moved to certify the class and subclass that they identified in their complaint. On December 18, 2020, the defendants moved to dismiss the case or, in the alternative, for the Court to grant the defendants summary judgment. On April 14, 2021, the plaintiffs moved to compel a conference under Rule 26(f) of the Federal Rules of Civil Procedure. The defendants responded by moving to stay the case pending a resolution of the motion for class certification and the motion to dismiss. On May 11, 2021, Judge Myers denied the plaintiffs' motion to compel and granted the defendants' motion to stay. The Court stayed the case pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, which permits a court to issue a protective order to protect a party form annoyance, embarrassment, or undue burden or expense. The rule allows a court, at its discretion, to stay discovery pending the determination of a dispositive motion. In deciding whether to grant a motion to stay discovery, the factors that a court analyzes includes: (1) the potential for the dispositive motion to terminate all claims in the case against particular defendants; (2) strong support for the dispositive motion on the merits; and (3) the irrelevancy of discovery to the dispositive motion. The Court noted that the defendants' motion to dismiss/motion for summary judgment would, if successful, result in the complete dismissal of all claims. On the second factor, the court found that the defendants' motion was supported by a significant number of declarations and exhibits. As to the third factor, the Court stated that neither party contended in any of their filings that discovery was necessary before the court rules on the motion. In light of the three factors, the Court concluded that discovery may be, at least in part, unnecessary and unduly burdensome prior to the resolution of the defendants' motion and therefore stayed the case pending resolution of the motion for class certification and motion to dismiss. As of October 4, 2021, the case is ongoing.

Summary Authors

Nicholas Gillan (10/1/2021)

Laura Irei (4/24/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18584278/parties/hallinan-v-scarantino/


Judge(s)

Myers, Richard Ernest II (North Carolina)

Attorneys(s) for Plaintiff

Bredenberg, Michael D. (North Carolina)

Doerr, Patrick (North Carolina)

Higdon, Robert Jr. (North Carolina)

Hinger, Sarah (New York)

Ireland, Elizabeth (North Carolina)

Kutnik-Bauder, Jacqueline (District of Columbia)

Maffetore, Jaclyn A. (North Carolina)

Missova, Mirela (District of Columbia)

Morris, Maria (District of Columbia)

Judge(s)

Myers, Richard Ernest II (North Carolina)

Attorneys(s) for Plaintiff

Bredenberg, Michael D. (North Carolina)

Doerr, Patrick (North Carolina)

Higdon, Robert Jr. (North Carolina)

Hinger, Sarah (New York)

Ireland, Elizabeth (North Carolina)

Kutnik-Bauder, Jacqueline (District of Columbia)

Maffetore, Jaclyn A. (North Carolina)

Missova, Mirela (District of Columbia)

Morris, Maria (District of Columbia)

Petre, Genna D. (North Carolina)

Rogers, Joshua L (North Carolina)

Scavo, Gretchen (North Carolina)

Seawell, Emily Elizabeth (North Carolina)

Smith, Jonathan Mark (District of Columbia)

Wilkerson, Jeffrey S. (North Carolina)

Attorneys(s) for Defendant

Golden, Lauren A (North Carolina)

Expert/Monitor/Master

Beyrer, Chris (Maryland)

Documents in the Clearinghouse

Document

5:20-cv-00563

Docket (Pacer)

Sept. 27, 2021

Sept. 27, 2021

Docket
1 & 1-1 to 1-37

5:20-cv-00563

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

Oct. 26, 2020

Oct. 26, 2020

Complaint
31

5:20-ct-03333

Defendants' Memorandum in Support of Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment

Dec. 18, 2020

Dec. 18, 2020

Pleading / Motion / Brief
45

5:20-ct-03333

Plaintiffs' Opposition to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment

Jan. 29, 2021

Jan. 29, 2021

Pleading / Motion / Brief
83

5:20-ct-03333

Order

2022 WL 945590

March 29, 2022

March 29, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18584278/hallinan-v-scarantino/

Last updated Aug. 9, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5691596.), filed by William Brown, Lasalle Waldrip, George Riddick, Terrance Freeman, Daryl Williams, Josean Kinard, Anthony Butler, Charles Hallinan, Quamain Jackson, Jorge Luis Maldonado. (Attachments: # 1 Declaration of Jeffrey S. Wilkerson, # 2 Exhibit 1 - Response in Opposition Regarding Emergency Motion for Temporary Restraining Order, Preliminary Injunction, and Writ of Habeas Corpus, Hallinan v. Scarantino, No. 5:20-HC-2088-FL, # 3 Exhibit 2 - June 3, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 4 Exhibit 3 - June 10, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 5 Exhibit 4 - July 6, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 6 Exhibit 5 - Federal Bureau of Prisons Press Releases on Inmate Deaths at FCC Butner, # 7 Exhibit 6 - How Coronavirus Spreads, # 8 Exhibit 7 - Assessing Risk Factors, # 9 Exhibit 8 - Zhao Article, # 10 Exhibit 9 - Age, Sex, Existing Conditions of COVID- 19 Cases and Deaths Chart, # 11 Exhibit 10 - Older Adults, # 12 Exhibit 11 - COVID-19 Hospitalization and Death by Age, # 13 Exhibit 12 - Social Distancing, Quarantine, and Isolation, # 14 Exhibit 13 - How to Protect Yourself & Others, # 15 Exhibit 14 - COVID-19 in Correctional and Detention Facilities United States, February-April 2020, # 16 Exhibit 15 - July 22, 2020 Edition of Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, # 17 Exhibit 16 - March 30, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 18 Exhibit 17 - April 1, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 19 Exhibit 18 - April 6, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 20 Exhibit 19 - May 1, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 21 Exhibit 20 - May 31, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 22 Exhibit 21 - June 3, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 23 Exhibit 22 - June 7, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 24 Exhibit 23 - June 8, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 25 Exhibit 24 - June 9, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 26 Exhibit 25 - June 10, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 website, # 27 Exhibit 26 - April 3, 2020 Memorandum for Director of Bureau of Prisons, # 28 Exhibit 27 - April 13, 2020 Memorandum for All Chief Executive Officers, # 29 Exhibit 28 - Opinion and Order, United States v. Wesam El-Hanafi, No. 1:10-cr-00162-KMW, # 30 Exhibit 29 - Declaration of Expert Chris Beyrer, # 31 Civil Cover Sheet, # 32 Proposed Summons, # 33 Proposed Summons, # 34 Proposed Summons, # 35 Proposed Summons, # 36 Proposed Summons, # 37 Proposed Summons) (Wilkerson, Jeffrey) (Entered: 10/26/2020)

1 Declaration of Jeffrey S. Wilkerson

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2 Exhibit 1 - Response in Opposition Regarding Emergency Motion for Temporary Rest

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3 Exhibit 2 - June 3, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 we

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4 Exhibit 3 - June 10, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 w

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5 Exhibit 4 - July 6, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 we

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6 Exhibit 5 - Federal Bureau of Prisons Press Releases on Inmate Deaths at FCC But

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7 Exhibit 6 - How Coronavirus Spreads

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8 Exhibit 7 - Assessing Risk Factors

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9 Exhibit 8 - Zhao Article

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10 Exhibit 9 - Age, Sex, Existing Conditions of COVID- 19 Cases and Deaths Chart

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11 Exhibit 10 - Older Adults

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12 Exhibit 11 - COVID-19 Hospitalization and Death by Age

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13 Exhibit 12 - Social Distancing, Quarantine, and Isolation

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14 Exhibit 13 - How to Protect Yourself & Others

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15 Exhibit 14 - COVID-19 in Correctional and Detention Facilities United States, F

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16 Exhibit 15 - July 22, 2020 Edition of Interim Guidance on Management of Coronavi

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17 Exhibit 16 - March 30, 2020 Screenshot of the Federal Bureau of Prisons COVID-19

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18 Exhibit 17 - April 1, 2020 Screenshot of the Federal Bureau of Prisons COVID-19

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19 Exhibit 18 - April 6, 2020 Screenshot of the Federal Bureau of Prisons COVID-19

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20 Exhibit 19 - May 1, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 we

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21 Exhibit 20 - May 31, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 w

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22 Exhibit 21 - June 3, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 w

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23 Exhibit 22 - June 7, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 w

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24 Exhibit 23 - June 8, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 w

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25 Exhibit 24 - June 9, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 w

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26 Exhibit 25 - June 10, 2020 Screenshot of the Federal Bureau of Prisons COVID-19

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27 Exhibit 26 - April 3, 2020 Memorandum for Director of Bureau of Prisons

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28 Exhibit 27 - April 13, 2020 Memorandum for All Chief Executive Officers

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29 Exhibit 28 - Opinion and Order, United States v. Wesam El-Hanafi, No. 1:10-cr-00

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30 Exhibit 29 - Declaration of Expert Chris Beyrer

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31 Civil Cover Sheet

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32 Proposed Summons

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33 Proposed Summons

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34 Proposed Summons

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35 Proposed Summons

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36 Proposed Summons

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37 Proposed Summons

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Oct. 26, 2020

Oct. 26, 2020

RECAP
2

Notice of Appearance filed by Jeffrey S. Wilkerson on behalf of All Plaintiffs. (Wilkerson, Jeffrey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
3

Financial Disclosure Statement by Charles Hallinan (Wilkerson, Jeffrey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
4

Financial Disclosure Statement by Josean Kinard (Wilkerson, Jeffrey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
5

Financial Disclosure Statement by George Riddick (Wilkerson, Jeffrey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
6

Financial Disclosure Statement by Jorge Luis Maldonado (Wilkerson, Jeffrey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
7

Financial Disclosure Statement by William Brown (Wilkerson, Jeffrey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
8

Financial Disclosure Statement by Terrance Freeman (Wilkerson, Jeffrey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
9

Financial Disclosure Statement by Anthony Butler (Wilkerson, Jeffrey) (Entered: 10/26/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER

NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Quamain Jackson, Lasalle Waldrip, Daryl Williams. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)

Oct. 27, 2020

Oct. 27, 2020

PACER

Notice of Deficiency Failure to File Financial Disclosure

Oct. 27, 2020

Oct. 27, 2020

PACER
10

Notice of Related Case filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams . (Wilkerson, Jeffrey) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
11

Summons Issued as to Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
12

Financial Disclosure Statement by Lasalle Waldrip (Wilkerson, Jeffrey) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
13

Financial Disclosure Statement by Daryl Williams (Wilkerson, Jeffrey) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
14

Financial Disclosure Statement by Quamain Jackson (Wilkerson, Jeffrey) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER
15

Notice of Special Appearance for non-district by Maria V. Morris on behalf of William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Morris, Maria) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
16

ORDER - At the direction of the Court, and for the continued efficient administration of justice, the above-captioned case is redesignated as a Western Division Prisoner Civil Rights case. The Honorable Richard E. Myers II United States District Judge, will remain the presiding judge. All future documents should reflect the new case number of 5:20-CT-3333-M. No further filing shall be made in 5:20-CV-563-M. Signed by Peter A. Moore, Jr., Clerk of Court on 10/28/2020. (Indig, A.) (Entered: 10/29/2020)

Oct. 29, 2020

Oct. 29, 2020

PACER
17

Notice of Appearance filed by Gretchen Vetter Scavo on behalf of All Plaintiffs. (Scavo, Gretchen) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
18

Notice of Appearance filed by Elizabeth Jeanne Ireland on behalf of All Plaintiffs. (Ireland, Elizabeth) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
19

Notice of Appearance filed by Patrick A. Doerr on behalf of All Plaintiffs. (Doerr, Patrick) (Entered: 10/30/2020)

Oct. 30, 2020

Oct. 30, 2020

PACER
20

Notice of Appearance filed by Michael D. Bredenberg on behalf of All Defendants. (Bredenberg, Michael) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
21

Notice of Appearance filed by Lauren A. Golden on behalf of All Defendants. (Golden, Lauren) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
22

Notice of Related Case filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino . (Golden, Lauren) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
23

Notice of Appearance filed by Jaclyn A. Maffetore on behalf of All Plaintiffs. (Maffetore, Jaclyn) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
24

MOTION to Certify Class filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Attachments: # 1 Text of Proposed Order) (Wilkerson, Jeffrey) (Entered: 11/09/2020)

1 Text of Proposed Order

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Nov. 9, 2020

Nov. 9, 2020

RECAP
25

Certificate of Service filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams regarding 24 MOTION to Certify Class . (Wilkerson, Jeffrey) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
26

Memorandum in Support regarding 24 MOTION to Certify Class by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

RECAP
27

Declaration regarding 24 MOTION to Certify Class by William Brown, Lasalle Waldrip, George Riddick, Terrance Freeman, Daryl Williams, Josean Kinard, Anthony Butler, Charles Hallinan, Quamain Jackson, Jorge Luis Maldonado filed by William Brown, Lasalle Waldrip, George Riddick, Terrance Freeman, Daryl Williams, Josean Kinard, Anthony Butler, Charles Hallinan, Quamain Jackson, Jorge Luis Maldonado. (Attachments: # 1 Exhibit 1 - Declaration of Terrance Freeman, # 2 Exhibit 2 - Declaration of George B. Riddick, # 3 Exhibit 3 - Declaration of Lasalle Waldrip, # 4 Exhibit 4 - Declaration of Daryl Williams, # 5 Exhibit 5 - Declaration of Antonio Ross, # 6 Exhibit 6 - Declaration of Charles Hallinan, # 7 Exhibit 7 - Declaration of Lee Ayers, # 8 Exhibit 8 - Declaration of Josean Kinard, # 9 Exhibit 9 - Declaration of Quamain Jackson, # 10 Exhibit 10 - Declaration of Anthony Butler, # 11 Exhibit 11 - April 27, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 12 Exhibit 12 - May 31, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 13 Exhibit 13 - June 3, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 14 Exhibit 14 - June 15, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 15 Exhibit 15 - September 1, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 16 Exhibit 16 - October 14, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 17 Exhibit 17 - Declaration of William Brown, # 18 Exhibit 18 - October 19, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 19 Exhibit 19 - October 23, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 20 Exhibit 20 - October 27, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 21 Exhibit 21 - November 2, 2020 Screenshot of the Federal Bureau of Prisons COVID-19 Website, # 22 Exhibit 22 - Declaration of Emily Seawell, # 23 Exhibit 23 - Declaration of Maria Morris, # 24 Exhibit 24 - Declaration of Jacqueline Kutnik- Bauder, # 25 Exhibit 25 - Wilkerson Bio, # 26 Exhibit 26 - Scavo Bio) (Wilkerson, Jeffrey) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
28

Notice of Appearance filed by Emily Elizabeth Seawell on behalf of All Plaintiffs. (Seawell, Emily) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
29

First MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Certify Class up to December 30, 2020 filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Attachments: # 1 Text of Proposed Order for Extension of Time) (Golden, Lauren) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER

Motion Referred to Clerk

Nov. 20, 2020

Nov. 20, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 20, 2020

Nov. 20, 2020

PACER

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 29 First MOTION for Extension of Time to File Response to 24 MOTION to Certify Class up to December 30, 2020. (Castania, M)

Nov. 20, 2020

Nov. 20, 2020

PACER

TEXT ORDER granting Defendants' Motion for Extension of Time 29 . For good cause shown, it is ordered that Defendants have up to and including December 30, 2020 within which to respond to the Motion to Certify Class 24 . Signed by Peter A. Moore, Jr., Clerk of Court on 11/20/2020. (Hockaday, A.)

Nov. 20, 2020

Nov. 20, 2020

PACER
30

MOTION to Dismiss or in the alternative, MOTION for Summary Judgment filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
31

Memorandum in Support regarding 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

Clearinghouse
32

Statement of Material Facts regarding 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
33

Appendix to the Statement of Facts regarding 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
34

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 33 Appendix to the Statement of Facts, Notice of Additional Filings. (Attachments: # 1 Declaration of Phillip Clark, # 2 Attachment 1 - Compassionate release request records related to Charles Hallinan, Register Number 75207-066, # 3 Attachment 2 Compassionate release request records related to Josean Kinard, Register Number 33603-058, # 4 Attachment 3 Compassionate release request records related to the March 27, 2020, request of Jorge Maldonado, Register Number 63756-018, # 5 Attachment 4 Compassionate release request records related to the July 8, 2020, request of Jorge Maldonado, Register Number 63756-018, # 6 Attachment 5 Compassionate release request records related to the October 27, 2016, request of William Brown, Register Number 27620-045, # 7 Attachment 6 Compassionate release request records related to the September 12, 2019, request of William Brown, Register Number 27620-045, # 8 Attachment 7 Compassionate release request records related to the March 23, 2020, request of William Brown, Register Number 26720-045, # 9 Attachment 8 Compassionate release request records related Terrance Freeman, Register Number 27135-076, # 10 Attachment 9 Compassionate release request records related Anthony Butler, Register Number 08283-084, # 11 Attachment 10 Compassionate release request records related Daryl Williams, Register Number 08283-082, # 12 Attachment 11 Compassionate release request records related Quamain Jackson, Register Number 22401-084, # 13 Attachment 12 Compassionate release request records related Lasalle Waldrip, Register Number 14525-047, # 14 Declaration of Andrew Stock, Clinical Director) (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
35

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 33 Appendix to the Statement of Facts, Notice of Additional Filings. (Attachments: # 1 Declaration of Mary Strassel, Assistant Supervisor of Education, and Team Leader of the FCC Butner Planning Section Team, # 2 Attachment 1 Coronavirus Disease 2019 (COVID-19) Inmate Screening Tool, Version 2.0 (February 2020), # 3 Attachment 2 Memorandum to All Staff from Complex Warden T. Scarantino (March 4, 2020), # 4 Attachment 3 Memorandum for LSCI Inmate Population from Food Service (Mar. 12, 2020), # 5 Attachment 4 E-mail correspondence to All Staff from Complex Warden Scarantino (Mar. 13, 2020), # 6 Attachment 5 Food Services Memo (Mar. 13, 2020), # 7 Attachment 6 FCI II Education Department 30 Day Modified Schedule, beginning on March 14, 2020, # 8 Attachment 7 Phase I FMC Butner Master Movement Schedule (Mar. 13, 2020), # 9 Attachment 8 Memorandum for LSCI Inmate Population (Mar. 13, 2020), # 10 Attachment 9 Memorandum for the Inmate Population from FCI I Warden Sullivan (Mar. 13, 2020), # 11 Attachment 10 E-mail from FCI Butner Warden Sullivan (Mar. 17, 2020), # 12 Attachment 11 Memorandum for D.J. Harmon, Regional Director Mid-Atlantic Region from FCI II Warden Leu (Mar. 18, 2020), # 13 Attachment 12 E-mail to Staff from Complex Warden Scarantino and Modified Move Attachment (Mar. 20, 2020), # 14 Attachment 13 E-mail to All Staff regarding the Staff Fitness Center (Mar. 24, 2020), # 15 Attachment 14 Memorandum for Inmate Population from Complex Warden Scarantino (Mar. 26, 2020), # 16 Attachment 15 E-mail from Complex Warden Scarantino to All Staff (Mar. 25, 2020), # 17 Attachment 16 Coronavirus Information FCI I (Mar. 25, 2020), # 18 Attachment 17 FMC Modified Move Plan (Mar. 26, 2020), # 19 Attachment 18 Memorandum for Inmate Population, LSCI Laundry Procedures Memo (Mar. 26, 2020), # 20 Attachment 19 Memorandum for Inmate Population from FCI II Warden Leu (Mar. 26, 2020), # 21 Attachment 20 Memorandum for Inmate Population from Complex Warden Scarantino (Mar. 26, 2020), # 22 Attachment 21 Email to Staff from FCI I Warden Sullivan (Mar. 27, 2020), # 23 Attachment 22 E-mail to All Staff from Complex Warden Scarantino (Mar. 27, 2020), # 24 Attachment 23 E-mail to All Staff regarding the Staff Center Showers (Mar. 27, 2020), # 25 Attachment 24 Memorandum for Inmate Population from LSCI Warden Lyn (Mar. 27, 2020), # 26 Attachment 25 E-mail to All Staff regarding Respirator Fit Test (Mar. 30, 2020), # 27 Attachment 26 E-mail to All Staff from FCI I Warden Sullivan (Mar. 30, 2020), # 28 Attachment 27 Phase IV COVID-19 Action Plan Memorandum for All Staff from FMC Captain (Mar. 31, 2020)) (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
36

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 33 Appendix to the Statement of Facts, Notice of Additional Filings. (Attachments: # 1 Attachment 28 E-mail to all Staff from LSCI Warden Lyn (Mar. 31, 2020), # 2 Attachment 29 Memorandum for Inmate Population from LSCI Warden Lyn (Mar. 31, 2020), # 3 Attachment 30 Memorandum from Captain Leslie to LSCI Warden Lyn regarding COVID-19 Modified Operations at LSCI Butner (Apr. 1, 2020), # 4 Attachment 31 Memorandum for FCI II Inmate Population from FCI II Warden Leu (Apr. 1, 2020), # 5 Attachment 32 E-mail to All Staff from Complex Warden Scarantino (Apr. 1, 2020), # 6 Attachment 33 E-mail to All Staff regarding Mobile Screening Site (Apr. 2, 2020), # 7 Attachment 34 Email to All Staff regarding Mobile Screening Site Update (Apr. 2, 2020), # 8 Attachment 35 E-mail to LSCI Staff from LSCI Warden Lyn (Apr. 2, 2020), # 9 Attachment 36 LSCI Butner Modified Lockdown Plan (Apr. 3, 2020), # 10 Attachment 37 E-mail to FCI I Staff from FCI I Warden Sullivan (Apr. 4, 2020), # 11 Attachment 38 Memorandum for FCI II Staff from FCI II Warden Leu (Apr. 5, 2020), # 12 Attachment 39 Unit Officers Plan for April 4-5, 2020, # 13 Attachment 40 E-mail to LSCI Staff from LSCI Warden Lyn (Apr. 6, 2020), # 14 Attachment 41 E-mail to All Staff from Complex Warden Scarantino (Apr. 6. 2020), # 15 Attachment 42 FCC Butner COVID-19 Virus Prevention Measures and Complex Sanitation handout (April 2020), # 16 Attachment 43 E-mail to FCI I Staff from FCI I Warden Sullivan (Apr. 7, 2020), # 17 Attachment 44 E-mail to All Staff from Complex Warden Scarantino (Apr. 9, 2020), # 18 Attachment 45 Memorandum to All Staff from Complex Warden Scarantino (Apr. 9, 2020), # 19 Attachment 46 E-mail to FCI I Staff from FCI I Warden Sullivan (Apr. 12, 2020), # 20 Attachment 47 E-mail to All Staff from Complex Warden Scarantino (Apr. 15, 2020), # 21 Attachment 48 Memorandum for FCI/FPC Inmate Population from FCI I Warden Sullivan (Apr. 15, 2020), # 22 Attachment 49 Memorandum for Inmate Population from LSCI Warden Lyn (Apr. 16, 2020), # 23 Attachment 50 E-mail to All Staff from Warden Sullivan (Apr. 16, 2020), # 24 Attachment 51 Memorandum to All Camp Staff regarding Camp Operations Through Monday, April 20, 2020, from Acting Captain M. Kemmerer, # 25 Attachment 52 Memorandum regarding Islamic Ramadan Procedures from P. Hong, Staff Chaplain, to LSCI Warden Lyn (Apr. 16, 2020), # 26 Attachment 53 E-mail from Acting Associate Warden with Inmate Schedule attached (Apr. 19, 2020 and Apr. 20, 2020), # 27 Attachment 54 E-mail to All Staff from Complex Warden Scarantino (Apr. 20, 2020)) (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
37

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 33 Appendix to the Statement of Facts, Notice of Additional Filings. (Attachments: # 1 Attachment 55 E-mail to LSCI Staff from LSCI Warden Lyn (Apr. 28, 2020), # 2 Attachment 56 Memorandum from FCI Captain regarding Camp Modified Operations (May 1, 2020), # 3 Attachment 57 Memo from FCI Captain regarding FCI I Modified Operations (May 1, 2020), # 4 Attachment 58 E-mail to Complex Executive Assistant from Assistant Trust Fund Supervisor (May 1, 2020), # 5 Attachment 59 E-mail to All Staff from Complex Warden Scarantino (May 4, 2020), # 6 Attachment 60 E-mail to LSCI Staff from LSCI Warden Lyn (May 5, 2020), # 7 Attachment 61 E-mail to FCI I Staff from FCI I Warden Sullivan (May 7, 2020), # 8 Attachment 62 E-mail to All Staff from Complex Warden Scarantino (May 14, 2020), # 9 Attachment 63 Memorandum for FCI II Inmate Population from FCI II Warden Leu (May 19, 2020), # 10 Attachment 64 Memorandum for Inmate Population from Complex Warden Scarantino (May 19, 2020), # 11 Attachment 65 Health Services Release Guidance during COVID-19 (May 22, 2020), # 12 Attachment 66 E-mail to All Staff from Complex Warden Scarantino (June 1, 2020), # 13 Attachment 67 Memorandum for Inmate Population from Complex Warden Scarantino (June 2, 2020), # 14 Attachment 68 E-mail to All Staff from Complex Warden Scarantino (June 8, 2020), # 15 Attachment 69 Memorandum for Chief Executive Officers from Andre Matevousian, Assistant Director of the Correctional Programs Division (June 19, 2020), # 16 Attachment 70 Memorandum from R. Maldonado, Acting Regional Director, Mid-Atlantic Region (June 19, 2020), # 17 Attachment 71 COVID-19 Guidance for inmates who are transferring or releasing from a BOP facility, and accompanying e-mail (June 19, 2020, and June 23, 2020), # 18 Attachment 72 E-mail to All Staff from Complex Warden Scarantino and Phase 8 Action Plan (July 6, 2020), # 19 Attachment 73 E-mail to All Staff from Complex Warden Scarantino (July 20, 2020), # 20 Attachment 74 Guidance for Staff Returning to Work after COVID-19 Positive Test, July 2020, Version 2, # 21 Attachment 75 Memorandum for Inmate Population from Complex Warden Scarantino (July 23, 2020)) (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
38

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 33 Appendix to the Statement of Facts, Notice of Additional Filings. (Attachments: # 1 Attachment 76 Memorandum for All Wardens, Mid-Atlantic Region, from J. C. Petrucci, Regional Director (July 23, 2020), # 2 Attachment 77 E-mail to All Staff from Complex Warden Scarantino (July 24, 2020), # 3 Attachment 78 Email to All Wardens and Associate Wardens, Mid-Atlantic Region, from Correctional Programs, Mid-Atlantic Regional Office (July 29, 2020), # 4 Attachment 79 Memorandum for CO Emergency Operations Center from Complex Warden Scarantino (July 30, 2020), # 5 Attachment 80 Memorandum for Chief Executive Officers from Andrew Matevousian, Assistant Director of the Correctional Programs Division (July 31, 2020), # 6 Attachment 81 Email to LSCI Staff from LSCI Warden Lyn (Aug. 3, 2020), # 7 Attachment 82 Memorandum to All Staff from Complex Warden Scarantino (Aug. 11, 2020), # 8 Attachment 83 E-mail to all FMC Staff from Complex Warden Scarantino (Aug. 13, 2020), # 9 Attachment 84 Email to All Staff from Complex Warden Scarantino (Aug. 27, 2020), # 10 Attachment 85 E-mail and attachments to All Staff from Complex Warden Scarantino (Sept. 2, 2020), # 11 Attachment 86 Modified Visitation for FMC Butner Due to COVID-19 (Sept. 30, 2020), # 12 Attachment 87 Memorandum for Inmate Population from Complex Warden Scarantino (Sept. 30, 2020), # 13 Attachment 88 E-mail to All Staff from Complex Warden Scarantino (Sept. 14, 2020), # 14 Attachment 89 COVID Compliance Review Team Checklist for FCC Butner, 9/15/20-9/17/20, # 15 Attachment 90 E-mail to FMC Staff from Complex Warden Scarantino (Oct. 21, 2020), # 16 Attachment 91 E-mail to All Staff from Complex Warden Scarantino (Oct. 28, 2020), # 17 Attachment 92 Memorandum for FMC Butner Inmate Population from Complex Warden Scarantino (Nov. 5, 2020), # 18 Attachment 93 E-mail and attachments to All Staff from Complex Warden Scarantino (Nov. 10, 2020), # 19 Attachment 94 Memorandum from Complex Warden Scarantino from J. C. Petrucci, Regional Director, Mid-Atlantic Regional Office, Assurance Statement COVID-19 Compliance Review, and attachments (Nov. 9, 2020)) (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
39

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 33 Appendix to the Statement of Facts, Notice of Additional Filings. (Attachments: # 1 Declaration of Kellie Harden, # 2 Declaration of Luis Martinez, # 3 Attachment 1 FCC Butner Complex Plan, Sanitation (Jan. 26, 2017), # 4 Attachment 2 Memorandum for All FCC Staff from Complex Warden Scarantino regarding Cleaning and Disinfecting of Daily Equipment (Mar. 17, 2020), # 5 Attachment 3 FMC COVID-19 Preventative Measures/Sanitation Tracking Sheet, # 6 Attachment 4 FMC Cadre Sanitation Measures and Rotation Schedule, # 7 Declaration of Christina Kelley, # 8 Attachment 1 Administrative Remedy Generalized Retrieval, Terrance Freeman, Reg. No. 27135-058 (Dec. 1, 2020), # 9 Attachment 2 Administrative Remedy Generalized Retrieval, Quamain Jackson, Reg. No. 22401-084 (Dec. 1, 2020)) (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
40

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 33 Appendix to the Statement of Facts, Notice of Additional Filings. (Attachments: # 1 Attachment 3 Administrative Remedy Generalized Retrieval, George Riddick, Reg. No. 72403-053 (Dec. 1, 2020), # 2 Attachment 4 Administrative Remedy Generalized Retrieval, William Brown, Reg. No. 26720-045 (Dec. 1, 2020), # 3 Attachment 5 Administrative Remedy Generalized Retrieval, Anthony Butler, Reg. No. 65583-056 (Nov. 30, 2020), # 4 Attachment 6 Administrative Remedy Generalized Retrieval, Charles Hallinan, Reg. No. 75207-066 (Dec. 1, 2020), # 5 Attachment 7 Administrative Remedy Generalized Retrieval, Josean Kinard, Reg. No. 33603-058 (Dec. 1, 2020), # 6 Attachment 8 Administrative Remedy Generalized Retrieval, Jorge Maldonado, Reg. No. 63756-018 (Dec. 1, 2020), # 7 Attachment 9 Administrative Remedy Generalized Retrieval, Lasalle Waldrip, Reg. No. 14525-047 (Dec. 1, 2020), # 8 Attachment 10 Administrative Remedy Generalized Retrieval, Daryl Williams, Reg. No. 08283-082 (Nov. 30, 2020), # 9 Declaration of Nihar Vora) (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
41

MOTION for Leave to File Excess Pages filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Attachments: # 1 Text of Proposed Order) (Bredenberg, Michael) (Entered: 12/18/2020)

Dec. 18, 2020

Dec. 18, 2020

PACER
42

Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Attachments: # 1 Text of Proposed Order) (Wilkerson, Jeffrey) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER

Motion Referred to Clerk

Dec. 23, 2020

Dec. 23, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

Dec. 23, 2020

Dec. 23, 2020

PACER

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 42 Consent MOTION for Extension of Time to File Response as to 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment. (Indig, A.)

Dec. 23, 2020

Dec. 23, 2020

PACER

TEXT ORDER granting Plaintiffs' Unopposed Motion for Extension of Time 42 . For good cause shown, it is ordered that Plaintiffs have up to and including January 29, 2021, within which to respond to the Motion to Dismiss or in the alternative Motion for Summary Judgment 30 . Signed by Peter A. Moore, Jr., Clerk of Court on 12/23/2020. (Hockaday, A.)

Dec. 23, 2020

Dec. 23, 2020

PACER
43

RESPONSE in Opposition regarding 24 MOTION to Certify Class filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Golden, Lauren) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER
44

Consent MOTION for Extension of Time to File Reply as to 24 MOTION to Certify Class filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Attachments: # 1 Text of Proposed Order) (Wilkerson, Jeffrey) Modified on 12/28/2020 for clarity. (Castania, M) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

PACER

Motion Referred to Clerk

Dec. 28, 2020

Dec. 28, 2020

PACER

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 44 Consent MOTION for Extension of Time to File Reply to 24 MOTION to Certify Class. (Castania, M) Modified on 12/28/2020. (Castania, M)

Dec. 28, 2020

Dec. 28, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply

Dec. 28, 2020

Dec. 28, 2020

PACER

TEXT ORDER granting Plaintiffs' First Unopposed Motion for Extension of Time 44 . Plaintiffs have up to and including January 29, 2021, within which to file a reply in support of their Motion for Class Certification 24 . Signed by Peter A. Moore, Jr., Clerk of Court on 12/28/2020. (Hockaday, A.)

Dec. 28, 2020

Dec. 28, 2020

PACER
45

RESPONSE in Opposition regarding 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

Clearinghouse
46

Declaration regarding 45 Response in Opposition to Motion, by William Brown, Lasalle Waldrip, George Riddick, Terrance Freeman, Daryl Williams, Josean Kinard, Anthony Butler, Charles Hallinan, Quamain Jackson, Jorge Luis Maldonado filed by William Brown, Lasalle Waldrip, George Riddick, Terrance Freeman, Daryl Williams, Josean Kinard, Anthony Butler, Charles Hallinan, Quamain Jackson, Jorge Luis Maldonado. (Attachments: # 1 Exhibit 1 Supplemental Declaration of Charles Hallinan, # 2 Exhibit 2 - Bureau of Prisons Administrative Remedy Program Statement, # 3 Exhibit 3 - LSCI Handbook, # 4 Exhibit 4 Bureau of Prisons press releases, # 5 Exhibit 5 Declaration of Patrick Doerr, # 6 Exhibit 6 DOJ OIG Report, # 7 Exhibit 7 - Supplemental Declaration of George Riddick) (Wilkerson, Jeffrey) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
47

RESPONSE regarding 32 Statement of Material Facts, by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
48

REPLY to Response to Motion regarding 24 MOTION to Certify Class filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
49

Declaration regarding 48 Reply to Response to Motion, by William Brown, Lasalle Waldrip, George Riddick, Terrance Freeman, Daryl Williams, Josean Kinard, Anthony Butler, Charles Hallinan, Quamain Jackson, Jorge Luis Maldonado filed by William Brown, Lasalle Waldrip, George Riddick, Terrance Freeman, Daryl Williams, Josean Kinard, Anthony Butler, Charles Hallinan, Quamain Jackson, Jorge Luis Maldonado. (Attachments: # 1 Exhibit 1 - BOP Covid-19 Resource webpage, # 2 Exhibit 2 - BOP Covid-19 Resource webpage, # 3 Exhibit 3 - BOP Press Releases) (Wilkerson, Jeffrey) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER
50

MOTION for Leave to File Excess Pages filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Attachments: # 1 Text of Proposed Order) (Wilkerson, Jeffrey) (Entered: 01/29/2021)

Jan. 29, 2021

Jan. 29, 2021

PACER

Motion Submitted

Feb. 1, 2021

Feb. 1, 2021

PACER

Motion Submitted to Chief Judge Richard E. Myers II regarding 24 MOTION to Certify Class, 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment, 41 MOTION for Leave to File Excess Pages, and 50 MOTION for Leave to File Excess Pages . (Lopez, R.)

Feb. 1, 2021

Feb. 1, 2021

PACER
51

MOTION for Extension of Time to File Response/Reply as to 45 Response in Opposition to Motion, filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Attachments: # 1 Text of Proposed Order for Extension of Time) (Golden, Lauren) (Entered: 02/10/2021)

Feb. 10, 2021

Feb. 10, 2021

PACER

Motion Referred

Feb. 10, 2021

Feb. 10, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Feb. 10, 2021

Feb. 10, 2021

PACER

Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 51 MOTION for Extension of Time to File Response/Reply as to 45 Response in Opposition to Motion. (Lopez, R.)

Feb. 10, 2021

Feb. 10, 2021

PACER

TEXT ORDER granting Defendants/Respondents' Motion for Extension of Time 51 . For good cause shown, it is ordered that Defendants/Respondents have up to and including February 26, 2021, within which to file a reply in support of their Motion to Dismiss or in the alternative Motion for Summary Judgment 30 . Signed by Peter A. Moore, Jr., Clerk of Court on 2/10/2021. (Hockaday, A.)

Feb. 10, 2021

Feb. 10, 2021

PACER
52

Notice of Special Appearance for non-district by Jacqueline Kutnik-Bauder on behalf of All Plaintiffs. (Kutnik-Bauder, Jacqueline) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
53

Notice of Appearance filed by Holly P Pratesi on behalf of All Defendants. (Pratesi, Holly) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER

Motion Submitted

Feb. 26, 2021

Feb. 26, 2021

PACER
54

REPLY to Response to Motion regarding 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Pratesi, Holly) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
55

Statement of Material Facts regarding 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Pratesi, Holly) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
56

Appendix to the Statement of Facts regarding 30 MOTION to Dismiss or in the alternative MOTION for Summary Judgment filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Pratesi, Holly) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
57

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 56 Appendix to the Statement of Facts, Notice of Additional Filings. (Attachments: # 1 Affidavit Declaration of Ian Connors, # 2 Exhibit Attachment 1 Program Statement 1330.18, Administrative Remedy Program, # 3 Exhibit Attachment 2 Administrative Remedy Generalized Retrieval, Terrance Freeman, Reg. No. 27135-076 (February 25, 2021), # 4 Exhibit Attachment 3 Administrative Remedy Generalized Retrieval, Quamain Jackson, Reg. No. 22401-084 (February 25, 2021), # 5 Exhibit Attachment 4 Administrative Remedy Generalized Retrieval, George Riddick, Reg. No. 72403-053 (February 25, 2021), # 6 Exhibit Attachment 5 Administrative Remedy Generalized Retrieval, William Brown, Reg. No. 26720-045 (February 25, 2021), # 7 Exhibit Attachment 6 Administrative Remedy Generalized Retrieval, Charles Hallinan, Reg. No. 75207-066 (February 25, 2021), # 8 Exhibit Attachment 7 Administrative Remedy Generalized Retrieval, Josean Kinard, Reg. No. 33603-058 (February 25, 2021), # 9 Exhibit Attachment 8 Administrative Remedy. Generalized Retrieval, Daryl Williams, Reg. No. 08283-082 (February 25, 2021), # 10 Exhibit Attachment 9 Administrative Remedy ID No 1026584, # 11 Exhibit Attachment 10 Administrative Remedy ID No. 1045123, # 12 Exhibit Attachment 11 Administrative Remedy ID No. 1042141) (Pratesi, Holly) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
58

Notice filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino regarding 56 Appendix to the Statement of Facts, . (Attachments: # 1 Declaration of Andrew Stock, # 2 Attachment 1 Immunization record and consent forms, Charles Hallinan, Reg. No. 75207-066, # 3 Attachment 2 Immunization record and consent form, George Riddick, Reg. No. 72403-053, # 4 Attachment 3 Immunization record and consent form, William Brown, Reg. No. 26720-045, # 5 Attachment 4 Immunization record and consent form, Terrance Freeman, Reg. No. 27135-076, # 6 Attachment 5 Immunization record and consent forms, Daryl Williams, Reg. No. 08283-082) (Pratesi, Holly) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
59

MOTION for Leave to File Excess Pages filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Attachments: # 1 Text of Proposed Order to File Excess Pages) (Pratesi, Holly) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
60

MOTION for Leave to File filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Attachments: # 1 Exhibit 1 - Defendant's Surreply, # 2 Text of Proposed Order for Leave) (Golden, Lauren) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER
61

Memorandum in Support regarding 60 MOTION for Leave to File filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Golden, Lauren) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

PACER

Motion Submitted to Chief Judge Richard E. Myers II regarding 60 MOTION for Leave to File, 59 MOTION for Leave to File Excess Pages . (Lopez, R.)

Feb. 26, 2021

Feb. 26, 2021

PACER
62

Letter from Harry Whitman #855668 requesting copies. (Attachments: # 1 Response to request letter) (Lopez, R.) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
63

Letter from David Smith-Garcia requesting copies. (Attachments: # 1 Response to request letter) (Lopez, R.) (Entered: 03/12/2021)

March 12, 2021

March 12, 2021

PACER
64

MOTION to Strike 54 Reply to Response to Motion to Dismiss filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
65

**DISREGARD CORRECTED AT DE #67***Memorandum in Support regarding 64 MOTION to Strike 54 Reply to Response to Motion to Dismiss filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) Modified on 3/22/2021 (Lopez, R.). (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
66

**DISREGARD CORRECTED AT DE #68***Memorandum in Opposition regarding 60 MOTION for Leave to File Surreply to Plaintiffs' Reply related to Class Certification filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Attachments: # 1 Exhibit A - Proposed Surreply) (Wilkerson, Jeffrey) Modified on 3/22/2021 (Lopez, R.). (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
67

Memorandum in Support regarding 64 MOTION to Strike 54 Reply to Response to Motion to Dismiss [CORRECTED] filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Attachments: # 1 Exhibit A - Plaintiffs' Proposed Surreply) (Wilkerson, Jeffrey) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER

Motion Submitted

March 22, 2021

March 22, 2021

PACER
68

Memorandum in Opposition regarding 60 MOTION for Leave to File Surreply to Plaintiffs' Reply re Class Certification [CORRECTED] filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER

Motion Submitted to Chief Judge Richard E. Myers II regarding 64 MOTION to Strike 54 Reply to Response to Motion to Dismiss. (Lopez, R.)

March 22, 2021

March 22, 2021

PACER
69

REPLY to Response to Motion regarding 60 MOTION for Leave to File filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Golden, Lauren) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER
70

RESPONSE in Opposition regarding 64 MOTION to Strike 54 Reply to Response to Motion to Dismiss filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Pratesi, Holly) (Entered: 04/09/2021)

April 9, 2021

April 9, 2021

PACER
71

MOTION to Compel Rule 26(f) Conference filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
72

Memorandum in Support regarding 71 MOTION to Compel Rule 26(f) Conference filed by William Brown, Anthony Butler, Terrance Freeman, Charles Hallinan, Quamain Jackson, Josean Kinard, Jorge Luis Maldonado, George Riddick, Lasalle Waldrip, Daryl Williams. (Wilkerson, Jeffrey) (Entered: 04/14/2021)

April 14, 2021

April 14, 2021

PACER
73

RESPONSE in Opposition regarding 71 MOTION to Compel Rule 26(f) Conference filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Pratesi, Holly) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
74

MOTION to Stay filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Attachments: # 1 Text of Proposed Order to Stay) (Pratesi, Holly) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER
75

Memorandum in Support regarding 74 MOTION to Stay filed by Jeffrey Allen, Michael Carvajal, Federal Bureau of Prisons, Thomas Scarantino. (Pratesi, Holly) (Entered: 04/28/2021)

April 28, 2021

April 28, 2021

PACER

Motion Submitted

May 4, 2021

May 4, 2021

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Prison Conditions

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Oct. 26, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Ten incarcerated individuals at FCC-Butner on behalf of themselves and all similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Washington Lawyers' Committee

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Federal Bureau of Prisons, Federal

Warden of Federal Correctional Complex Butner, Federal

Federal Bureau of Prisons, Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None yet

Source of Relief:

None

Issues

General:

Conditions of confinement

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