Case: Fenty v. Penzone

2:20-cv-01192 | U.S. District Court for the District of Arizona

Filed Date: June 16, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This class action lawsuit was filed on June 16, 2020 by detainees in the Maricopa County Jail system in Arizona, who sought extra protections from COVID-19 and, in some cases, release. The Court denied the plaintiffs' motion for a preliminary injunction on August 14, 2020. This is a lawsuit challenging the Maricopa County Sheriff's response to COVID-19 in its jails and requesting the release of detainees and prisoners. On June 16, 2020, nine named plaintiffs and the immigrant…

COVID-19 Summary: This class action lawsuit was filed on June 16, 2020 by detainees in the Maricopa County Jail system in Arizona, who sought extra protections from COVID-19 and, in some cases, release. The Court denied the plaintiffs' motion for a preliminary injunction on August 14, 2020.


This is a lawsuit challenging the Maricopa County Sheriff's response to COVID-19 in its jails and requesting the release of detainees and prisoners. On June 16, 2020, nine named plaintiffs and the immigrants' rights non-profit Puente Human Rights Movement filed this class action law suit and habeas petition in the United States District Court for the District of Arizona. The plaintiffs sued Maricopa County and its Sheriff under 42 U.S.C. § 1983, Title II of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12131), and Section 504 of the Rehabilitation Act (29 U.S.C. § 794) and petitioned the court for a writ of habeas corpus under 28 U.S.C. § 2241. Represented by the national and Arizona ACLUs, as well as several law firms working pro bono, the plaintiffs sought to certify several classes of detainees and prisoners, the release of certain individuals at high risk of developing serious illness from COVID-19, and injunctions governing the Sheriff's response to COVID-19 in Maricopa County's jails, as well as attorneys' fees. The plaintiffs claimed that their rights under the Eighth and Fourteenth Amendments, as well as the ADA and the Rehabilitation Act, were violated by the Sheriff's response to COVID-19.

The plaintiffs claimed that the defendants placed them in danger of contracting COVID-19 by continuing to book new detainees in the jail without quarantining them from the existing population, as well as a host of other unsafe practices, including a lack of masks and cleaning supplies, little testing for individuals held in the jail or jail staff, and crowded conditions that prevented social distancing. According to the complaint, the pretrial detainees' Fourteenth Amendment rights were violated by the conditions of their confinement, which amounted to deliberate indifference and unconstitutional punishment prior to conviction. The convicted prisoners made a similar Eighth Amendment deliberate indifference claim. Additionally, the subclasses of prisoners with disabilities claimed that their rights under the ADA and the Rehabilitation Act to equal access to jail programming were violated by the defendants' COVID-19 response. Finally, the plaintiffs requested that the court release medically vulnerable pretrial detainees.

The case was assigned to United States District Judge Steven P. Logan. On June 29, 2020, the plaintiffs filed an ex parte motion for a temporary restraining order against the defendants, ordering them to improve COVID-19 safety protocols and begin releasing medically vulnerable pretrial detainees. Judge Logan denied the plaintiffs' ex parte request, but set a briefing schedule to determine whether to grant a similar preliminary injunction on July 2, 2020. The defendants then moved to dismiss the case on July 20, 2020.

Judge Logan resolved both of these motions in an August 14, 2020 opinion. He denied the plaintiffs' motion for a preliminary injunction, finding that the plaintiffs did not demonstrate a likelihood of success on the merits of their claims. He also granted the defendants' motion to dismiss some of the plaintiffs' municipal liability claims against the Sheriff, but not the County. Shortly after the filing of the lawsuit, back on June 29, 2020, the plaintiffs had moved for class certification. Judge Logan granted that motion in a November 13, 2020 opinion and certified two classes, one of detainees incarcerated pending trial and one of convicted prisoners, and four subclasses (two within each class) of medically vulnerable individuals and individuals with disabilities.

After class certification was granted, the parties began discovery. The case was assigned to Magistrate Judge John Z. Boyle to oversee the discovery process. 

On April 21, 2021, Magistrate Judge Boyle ordered that the parties evenly split the cost of threading responsive emails, estimated to be around $1,400. The plaintiffs appealed the order to District Court Judge Logan, arguing that cost-shifting was improper because the data was accessible, and thus defendants could respond to the request cheaply and quickly. Plaintiffs also argued that cost sharing was unfair because the total cost of production exceeded the amount in controversy ($0), and the resources available to each party were “wildly imbalanced.” The district court upheld the magistrate judge’s order, stating without further reasoning that it was not “clearly erroneous or contrary to law.” In response, plaintiffs filed a writ of mandamus in the U.S. Court of Appeals for the Ninth Circuit, which upheld the magistrate judge’s order in a one-sentence opinion, holding that plaintiffs had not demonstrated that “this case warrants the intervention of this court by means of the extraordinary remedy of mandamus.” 2021 WL 5262944.

Plaintiffs moved for an additional preliminary injunction on February 11, 2022, asking Magistrate Judge Boyle to require defendants to immediately provide medically vulnerable class members with a COVID-19 vaccine. As of March 2022, the court has yet to rule on this motion, and discovery remains active.

This case is ongoing.

Summary Authors

Jonah Hudson-Erdman (3/17/2021)

Tessa McEvoy (10/28/2021)

Zoe Goldstein (4/1/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17254895/parties/fenty-v-penzone/


Judge(s)

Boyle, John Z (Arizona)

Logan, Steven Paul (Arizona)

Attorneys(s) for Plaintiff

Akselrod, Olga (New York)

Andriola, Patrick (New York)

Arellano, Casey (Arizona)

Balaban, Eric (New York)

Brennan-Krohn, Zoe (New York)

Handeyside, Hugh (New York)

Keenan, Jared G (Arizona)

Kendrick, Corene T (District of Columbia)

Judge(s)

Boyle, John Z (Arizona)

Logan, Steven Paul (Arizona)

Attorneys(s) for Plaintiff

Akselrod, Olga (New York)

Andriola, Patrick (New York)

Arellano, Casey (Arizona)

Balaban, Eric (New York)

Brennan-Krohn, Zoe (New York)

Handeyside, Hugh (New York)

Keenan, Jared G (Arizona)

Kendrick, Corene T (District of Columbia)

Lahlou, Shari Ross (District of Columbia)

Lopez, Victoria (Arizona)

Ly, Timothy (New York)

Ozurovich, Allison (California)

Raphel, Brian (New York)

Sadun, Benjamin M (California)

Sanders, Ethan J (Missouri)

Spera, Clara Simone (New York)

Trivedi, Somil Bharat (District of Columbia)

Watson, Leah (New York)

Wulkan, Lawrence J. (Arizona)

Attorneys(s) for Defendant

Acedo, Nicholas Daniel (Arizona)

Hesman, Ashlee (Arizona)

Love, Rachel (Arizona)

Nguyen, Kevin L (Arizona)

Struck, Daniel Patrick (Arizona)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 28, 2021 Docket
1

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

June 16, 2020 Complaint
11

Motion for Class Certification

June 29, 2020 Pleading / Motion / Brief
10

Plaintiff-Petitioners' Ex Parte Application for Temporary Restraining Order

June 29, 2020 Pleading / Motion / Brief
15

Order

Fenty v. Sheriff Paul Penzone

July 2, 2020 Order/Opinion
44

Reply in Support of Plaintiff-Petitioners' Ex Parte Application for a Preliminary Injunction

Aug. 4, 2020 Pleading / Motion / Brief
52

Order

Aug. 14, 2020 Order/Opinion
62

Reply in Support of Plaintiff-Petitioners' Motion for Class Certification

Sept. 8, 2020 Pleading / Motion / Brief
67

Order

Nov. 13, 2020 Order/Opinion
173

Order

Sept. 23, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17254895/fenty-v-penzone/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

PRISONER CIVIL RIGHTS COMPLAINT (TRO and Preliminary/Permanent Injunction requested) Injunctive Relief. Filing fee received: $ 400.00, receipt number 0970-18385988 filed by Ramon Avenenti, Douglas Crough, Anthony Scroggins, Tamara Ochoa, Brian Stepter, Dale Perez, Jason Fenty, Edward Reason, Puente Human Rights Movement, Jesus Tequida. (Wulkan, Lawrence) (Attachments: # 1 Civil Cover Sheet)(DLC) (Entered: 06/16/2020)

1 Civil Cover Sheet

View on PACER

June 16, 2020 Clearinghouse
2

Corporate Disclosure Statement by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Wulkan, Lawrence) (DLC) (Entered: 06/16/2020)

June 16, 2020 PACER
3

SUMMONS Submitted by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Wulkan, Lawrence) (Attachments: # 1 Summons)(DLC) (Entered: 06/16/2020)

June 16, 2020 PACER
4

NOTICE OF ASSIGNMENT (DLC) (Entered: 06/16/2020)

June 16, 2020 RECAP
5

ORDER: Defendants Maricopa County Sheriff Paul Penzone, in his official capacity, and Maricopa County must answer the 1 "Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief". If Plaintiffs do not either obtain a waiver of service of the summons or complete service of the Summons and Complaint on a Defendant within 90 days of the filing of the Complaint or within 60 days of the filing of this Order, whichever is later, the action may be dismissed as to each Defendant not served. Fed. R. Civ. P. 4(m); LRCiv 16.2(b)(2)(B)(ii). This matter is referred to Magistrate Judge John Z. Boyle pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for all pretrial proceedings as authorized under 28 U.S.C. ยง 636(b)(1). See document for further details. Signed by Judge Steven P Logan on 6/17/20. (GMP) (Entered: 06/17/2020)

June 17, 2020 PACER

Remark re Pro Hac Vice Motion

June 17, 2020 PACER
6

Summons Issued as to Maricopa, County of, Paul Penzone. (GMP). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 06/17/2020)

June 17, 2020 PACER

Remark: Pro hac vice motion(s) granted for Eric Balaban on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 17, 2020 PACER

Remark: Pro hac vice motion(s) granted for Olga Akselrod and Zoe Brennan-Krohn on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, and Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 18, 2020 PACER

Remark re Pro Hac Vice Motion

June 18, 2020 PACER

Remark: Pro hac vice motion(s) granted for Clara Simone Spera on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 18, 2020 PACER

Remark re Pro Hac Vice Motion

June 19, 2020 PACER

Remark: Pro hac vice motion(s) granted for Hugh Handeyside on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

June 19, 2020 PACER
7

NOTICE of Appearance by Casey Arellano on behalf of Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Arellano, Casey) (Entered: 06/22/2020)

June 22, 2020 PACER
8

* NOTICE OF FILING EXHIBITS SUPPORTING PLAINTIFF-PETITIONERS 10 MOTION FOR A TEMPORARY RESTRAINING ORDER (LODGED) AND 11 MOTION FOR CLASS CERTIFICATION by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida . (Attachments: # 1 Exhibit Exhibits 1 through 19, # 2 Exhibit Exhibit 20, # 3 Exhibit Exhibit 21 part 1 of 3, # 4 Exhibit Exhibit 21 part 2 of 3, # 5 Exhibit Exhibit 21 part 3 of 3, # 6 Exhibit Exhibits 22 through 27)(Wulkan, Lawrence) * Modified to add document linkage on 6/30/2020 (LAD). (Entered: 06/29/2020)

June 29, 2020 PACER
9

MOTION MOTION TO EXCEED PAGE LIMIT FOR PLAINTIFF-PETITIONERS APPLICATION FOR A TEMPORARY RESTRAINING ORDER by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Attachments: # 1 Text of Proposed Order)(Wulkan, Lawrence) (Entered: 06/29/2020)

June 29, 2020 PACER
10

*Filed at 14 pursuant to 13 --LODGED Proposed PLAINTIFF-PETITIONERS EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER re: 9 MOTION MOTION TO EXCEED PAGE LIMIT FOR PLAINTIFF-PETITIONERS APPLICATION FOR A TEMPORARY RESTRAINING ORDER . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Attachments: # 1 Text of Proposed Order)(Wulkan, Lawrence) *Modified on 6/30/2020 (WLP). (Entered: 06/29/2020)

1 Text of Proposed Order

View on PACER

June 29, 2020 Clearinghouse
11

MOTION to Certify Class by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Jesus Tequida. (Attachments: # 1 Text of Proposed Order)(Wulkan, Lawrence) (Entered: 06/29/2020)

1 Text of Proposed Order

View on PACER

June 29, 2020 Clearinghouse
12

NOTICE of Errata re: 8 Notice (Other) by Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida.. (Wulkan, Lawrence) (Entered: 06/30/2020)

June 30, 2020 PACER
13

ORDER - IT IS ORDERED: 1. Petitioner's Motion (doc. 9 ) is granted. 2. The Clerk is directed to file Petitioner's proposed Ex Parte Application for Temporary Restraining Order (lodged at doc. 10 ). Signed by Magistrate Judge John Z Boyle on 6/30/2020. (WLP) (Entered: 06/30/2020)

June 30, 2020 RECAP
14

EX PARTE MOTION for Temporary Restraining Order by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Attachments: # 1 Text of Proposed Order)(WLP) (Entered: 06/30/2020)

1 Text of Proposed Order

View on PACER

June 30, 2020 RECAP

Remark re Pro Hac Vice Motion

June 30, 2020 PACER

Remark: Pro hac vice motion(s) granted for Shari Ross Lahlou, Patrick Nicholas Andriola on behalf of Plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)

June 30, 2020 PACER

Remark: Pro hac vice motion(s) granted for Allison Ozurovich on behalf of Plantiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)

June 30, 2020 PACER

Remark: Pro hac vice motion(s) granted for Ethan Sanders, Benjamin Sadun on behalf of plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA)

June 30, 2020 PACER
15

ORDER - (1) Defendants-Respondents Penzone and Maricopa County shall have 14 days from the date of this Order to file a response to the Ex Parte Application for Temporary Restraining Order (Doc. 14 ), which the Court construes as a Motion for Preliminary Injunction. (2) Plaintiffs shall have 10 days from the filing of Defendants-Respondents' Response to file a Reply. (3) The Clerk of Court must send a copy of this Order to counsel for Defendants Penzone and Maricopa County by email to vigilj@mcao.maricopa.gov and certified mail to Maricopa County Attorney Civil Services Division, 225 W. Madison St., Phoenix, AZ 85003. (4) Plaintiffs must immediately file a "Notice of Change in Status" if there is any material change in a Plaintiff's custody status. Any request for relief must be made by separate motion and may not be included in the Notice. (See document for further details). Signed by Judge Steven P Logan on 7/2/2020. (LAD) (Entered: 07/02/2020)

July 2, 2020 Clearinghouse

Remark: Out of state attorneys Brian Raphel, Victoria Lopez, and Somil Trivedi removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 6, 2020 PACER

Remark: Out of state attorney Timothy Ly removed as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 6, 2020 PACER

Remark (Public)

July 6, 2020 PACER

Remark re Pro Hac Vice Motion

July 6, 2020 PACER

Remark: Pro hac vice motion(s) granted for Brian Christopher Raphel on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 6, 2020 PACER

Remark (Public)

July 6, 2020 PACER
17

NOTICE of Appearance by Kevin L Nguyen on behalf of Maricopa, County of, Paul Penzone. (Nguyen, Kevin) (Entered: 07/07/2020)

July 7, 2020 PACER
18

MOTION for Extension of Time to File Response/Reply to Plaintiffs Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief and Ex Parte Application for Temporary Restraining Order by Maricopa, County of, Paul Penzone. (Attachments: # 1 Text of Proposed Order)(Nguyen, Kevin) (Entered: 07/07/2020)

July 7, 2020 PACER
19

ORDER - The 18 Motion is granted. Defendants shall have up to, and including, July 17, 2020 to file a response to Plaintiff's Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief; and Ex Parte Application for Temporary Restraining Order. See document for complete details. Signed by Magistrate Judge John Z Boyle on 7/9/2020. (MSA) (Entered: 07/09/2020)

July 9, 2020 PACER
20

*MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 14 Ex Parte MOTION for Temporary Restraining Order by Maricopa, County of, Paul Penzone. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) *Modified to add document linkage on 7/20/2020 (GMP). (Entered: 07/17/2020)

July 17, 2020 PACER
21

MOTION for Leave to File Excess Pages for Response to Plaintiffs-Petitioners Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief and Ex Parte Application for Temporary Restraining Order by Maricopa, County of, Paul Penzone. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 07/18/2020)

July 18, 2020 PACER
22

*Filed at 28 pursuant to 27 -- LODGED Proposed Defendants Response to Plaintiffs Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief and Ex Parte Application for Temporary Restraining Order re: 14 MOTION for Temporary Restraining Order. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maricopa, County of, Paul Penzone. (Struck, Daniel) *Modified on 7/20/2020 (WLP). (Entered: 07/18/2020)

July 18, 2020 RECAP
23

*Filed at 29 pursuant to 27 -- LODGED Proposed Declaration of B. Roska parts 1 and 2 is of Defendants Response laintiffs-Petitioners Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief and Ex Parte Application for Temporary Restraining Order re: 14 MOTION for Temporary Restraining Order. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maricopa, County of, Paul Penzone. (Attachments: # 1 Roska Declaration 2 of 2)(Struck, Daniel) *Modified on 7/20/2020 (WLP). (Entered: 07/18/2020)

July 18, 2020 PACER
24

*Filed at 30 pursuant to 27 -- LODGED Proposed Declaration of B. Willias parts 1 and 2 in Support of Defendants Response laintiffs-Petitioners Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief and Ex Parte Application for Temporary Restraining Order re: 14 MOTION for Temporary Restraining Order. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maricopa, County of, Paul Penzone. (Attachments: # 1 Declaration of B. Williams part 2 of 2)(Struck, Daniel) *Modified on 7/20/2020 (WLP). (Entered: 07/18/2020)

July 18, 2020 PACER
25

*Filed at 31 pursuant to 27 -- LODGED Proposed Declaration of G. Phillips in Support of Defendants Response to Plaintiffs Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief and Ex Parte Application for Temporary Restraining Order re: 14 MOTION for Temporary Restraining Order. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maricopa, County of, Paul Penzone. (Attachments: # 1 Attachments 1-5 in Support of Declaration of G. Phillips, # 2 Attachments 6-15 in Support of Declaration of G. Phillips, # 3 Attachment 17 in Support of Declaration of G. Phillips)(Struck, Daniel) *Modified on 7/20/2020 (WLP). (Entered: 07/18/2020)

July 18, 2020 PACER
26

*MOTION to Accept Late Filings re: 22 Lodged Proposed Document, 25 Lodged Proposed Document, 23 Lodged Proposed Document, 24 Lodged Proposed Document te Filing by Maricopa, County of, Paul Penzone. (Attachments: # 1 Text of Proposed Order)(Acedo, Nicholas) *Modified on 7/20/2020 (GMP). (Entered: 07/18/2020)

July 18, 2020 PACER
27

ORDER - IT IS ORDERED: 1. Respondents' Motion for Leave to File Excess Pages (doc. 21 ) is granted. The Clerk is directed to file Respondents' Proposed Response to the Petition for Writ of Habeas Corpus (lodged at doc. 22 ) and its corresponding declarations (lodged at docs. 23, 24, 25 ). 2. Respondents' Motion to Accept Late Filings (doc. 26 ) is granted. 3. Respondents' Motion for Extension of Time (doc. 20 ) is denied as moot. See document for complete details. Signed by Magistrate Judge John Z Boyle on 7/20/2020. (WLP) (Entered: 07/20/2020)

July 20, 2020 PACER
28

COMBINED RESPONSE to 1 Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief, 14 EX PARTE MOTION for Temporary Restraining Order by Defendants Maricopa, County of, Paul Penzone. (WLP) (Entered: 07/20/2020)

July 20, 2020 RECAP
29

DECLARATION of B. Roska in support of 28 Combined Response by Defendants Maricopa, County of, Paul Penzone. (Attachments: # 1 Declaration part 2)(WLP) (Entered: 07/20/2020)

July 20, 2020 PACER
30

DECLARATION of B. Willias in support of 28 Combined Response by Defendants Maricopa, County of, Paul Penzone. (Attachments: # 1 Declaration part 2)(WLP) (Entered: 07/20/2020)

July 20, 2020 PACER
31

DECLARATION of G. Phillips in support of 28 Combined Response by Defendants Maricopa, County of, Paul Penzone. (Attachments: # 1 Attachments 1-5 in Support of Declaration of G. Phillips, # 2 Attachments 6-15 in Support of Declaration of G. Phillips, # 3 Attachment 17 in Support of Declaration of G. Phillips)(WLP) (Entered: 07/20/2020)

July 20, 2020 PACER
32

MOTION to Dismiss Case by Maricopa, County of, Paul Penzone. (This entry was filed to reflect the Motion to Dismiss that was indicated in the same document that was filed at entry 28 Combined Response) (WLP) (Entered: 07/20/2020)

July 20, 2020 RECAP
33

Mail Returned as Undeliverable. Mail sent to Somil Trivedi. Reason for return: Return to Sender: Refused - Unable to Forward. Document number 5. (REK) (Entered: 07/21/2020)

July 20, 2020 PACER

Remark re Pro Hac Vice Motion

July 21, 2020 PACER

Remark: Pro hac vice motion(s) granted for Timothy Ly on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, and Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 21, 2020 PACER
34

NOTICE re: Filing Signed Declaration of G. Phillips, M.D. in Support of Defendants-Respondents' Combined Response to Petition for Writ of Habeas Corpus and Ex Parte Application for Temporary Restraining Order and Defendants-Respondents' Motion to Dismiss Complaint for Injunctive and Declaratory Relief by Maricopa, County of, Paul Penzone re: 31 Declaration . (Attachments: # 1 Signed Declaration of G. Phillips, M.D.)(Nguyen, Kevin) (Entered: 07/21/2020)

July 21, 2020 PACER
35

NOTICE of Errata re: 32 MOTION to Dismiss Case, 28 Response to Petition for Writ of Habeas Corpus and Ex Parte Application for Temporary Restraining Order by Defendants Maricopa, County of, Paul Penzone.. (Attachments: # 1 Exhibit - corrected p. 23, n.9)(Nguyen, Kevin) (Entered: 07/23/2020)

July 23, 2020 PACER
36

*SUPPLEMENT Facts in Support re: 32 MOTION to Dismiss Case, 28 Response by Defendants Maricopa, County of, Paul Penzone. (Attachments: # 1 Second Declaration of G. Phillips, M.D.)(Nguyen, Kevin) *Modified to correct event on 7/28/2020 (GMP). (Entered: 07/27/2020)

July 27, 2020 PACER
37

*RESPONSE in Opposition re: 11 MOTION to Certify Class and Request to Set Briefing Schedule by Maricopa, County of, Paul Penzone. (Nguyen, Kevin) *Modified to correct event on 7/28/2020 (GMP). (Entered: 07/28/2020)

July 28, 2020 PACER

Remark re Pro Hac Vice Motion

July 29, 2020 PACER

Remark: Pro hac vice motion(s) granted for Somil Bharat Trivedi on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

July 29, 2020 PACER
38

ORDER - IT IS ORDERED: 1. Defendants' Request to Delay Briefing on Plaintiff's Motion for Class Certification (doc. 37 ) is denied. 2. On or before August 14, 2020, Defendants shall respond to Plaintiff's Motion for Class Certification (doc. 11 ). Plaintiffs may file a reply within seven days of the filing date of the response. See document for complete details. Signed by Magistrate Judge John Z Boyle on 7/30/2020. (WLP) (Entered: 07/30/2020)

July 30, 2020 PACER
39

MOTION for Leave to File Excess Pages for Reply in Support of Plaintiffs-Petitioners' Ex Parte Application for a Preliminary Injunction by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Attachments: # 1 Text of Proposed Order)(Wulkan, Lawrence) (Entered: 07/30/2020)

July 30, 2020 PACER
40

*(filed at doc. 44 ) - LODGED Proposed Reply in Support of Plaintiffs-Petitioners' Ex Parte Application for a Preliminary Injunction re: 39 MOTION for Leave to File Excess Pages for Reply in Support of Plaintiffs-Petitioners' Ex Parte Application for a Preliminary Injunction . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Wulkan, Lawrence) Modified on 8/4/2020 (GMP). (Entered: 07/30/2020)

July 30, 2020 PACER
41

NOTICE re: Filing Exhibits Supporting Plaintiffs-Petitioners' Reply In Support of Ex Parte Application for a Preliminary Injunction by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida re: 39 MOTION for Leave to File Excess Pages for Reply in Support of Plaintiffs-Petitioners' Ex Parte Application for a Preliminary Injunction . (Attachments: # 1 Exhibits 1-17 to Notice of Filing Exhibits)(Wulkan, Lawrence) (Entered: 07/30/2020)

July 30, 2020 PACER
42

RESPONSE to Motion re: 32 MOTION to Dismiss Case filed by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Wulkan, Lawrence) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
43

ORDER: Granting Plaintiffs' 39 Motion for Leave to File Excess Pages. The Clerk is directed to file Plaintiffs' proposed Reply (lodged at doc. 40). Signed by Magistrate Judge John Z Boyle on 8/4/20. (GMP) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
44

REPLY to Response to Motion re: 14 MOTION for Temporary Restraining Order filed by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (GMP) (Entered: 08/04/2020)

Aug. 4, 2020 Clearinghouse
45

MOTION for Leave to File Declaration of G. Phillips and Declaration of B. Williams in Support of Response to Petition for Writ of Habeas Corpus and Ex Parte Application for Temporary Restraining Order by Maricopa, County of, Paul Penzone. (Attachments: # 1 Text of Proposed Order)(Nguyen, Kevin) (Entered: 08/07/2020)

Aug. 7, 2020 PACER
46

*(filed at doc. 49 ) - LODGED Proposed Third Declaration of G Phillips MD re: 45 MOTION for Leave to File Declaration of G. Phillips and Declaration of B. Williams in Support of Response to Petition for Writ of Habeas Corpus and Ex Parte Application for Temporary Restraining Order. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maricopa, County of, Paul Penzone. (Nguyen, Kevin) Modified on 8/10/2020 (GMP). (Entered: 08/07/2020)

Aug. 7, 2020 PACER
47

*(filed at doc. 50 ) - LODGED Proposed Second Declaration of B. Williams re: 45 MOTION for Leave to File Declaration of G. Phillips and Declaration of B. Williams in Support of Response to Petition for Writ of Habeas Corpus and Ex Parte Application for Temporary Restraining Order. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Maricopa, County of, Paul Penzone. (Nguyen, Kevin) Modified on 8/10/2020 (GMP). (Entered: 08/07/2020)

Aug. 7, 2020 PACER
48

ORDER: Granting defendant's 45 Motion for Leave to File. The Clerk is directed to file the proposed Declarations (lodged at docs. 46 & 47). Signed by Magistrate Judge John Z Boyle on 8/10/20. (GMP) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
49

Third DECLARATION of G Phillips MD re: 28 Response by Defendants Maricopa, County of, Paul Penzone. (GMP) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
50

Second DECLARATION of B Williams re: 28 Response by Defendants Maricopa, County of, Paul Penzone. (GMP) (Entered: 08/10/2020)

Aug. 10, 2020 PACER
51

NOTICE re: Filing Signed Third Declaration of G. Phillips, M.D. in Support of Defendants-Respondents' Response to Petition for Writ of Habeas Corpus and Ex Parte Application for Temporary Restraining Order by Maricopa, County of, Paul Penzone re: 49 Declaration . (Attachments: # 1 Signed 3rd Declaration of G. Phillips, M.D.)(Nguyen, Kevin) (Entered: 08/11/2020)

Aug. 11, 2020 PACER
52

ORDER: The reference to the Magistrate Judge is withdrawn as to Plaintiff's Ex Parte Application for Temporary Restraining Order 14, which the Court construes as a Motion for Preliminary Injunction, and Defendants' Motion to Dismiss 32 . Defendants' Motion to Dismiss 32 is granted to the extent that the Fourth and Eighth Amendment claims against Defendant Penzone are dismissed. The Motion is denied in all other respects. Plaintiff's Motion for Preliminary Injunction 14 is denied. Signed by Judge Steven P. Logan on 8/14/2020. (LMR) (Entered: 08/14/2020)

Aug. 14, 2020 Clearinghouse
53

RESPONSE in Opposition re: 11 MOTION to Certify Class filed by Maricopa, County of, Paul Penzone. (Nguyen, Kevin) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
54

DECLARATION of B. Williams (Third) re: 53 Response in Opposition to Motion for Class Certification by Defendants Maricopa, County of, Paul Penzone. (Nguyen, Kevin) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
55

DECLARATION of G. Phillips MD (Fourth) re: 53 Response in Opposition to Motion for Class Certification by Defendants Maricopa, County of, Paul Penzone. (Nguyen, Kevin) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
56

MOTION Exceed Page Limit for Reply re: 11 MOTION to Certify Class by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Attachments: # 1 Text of Proposed Order)(Wulkan, Lawrence) (Entered: 08/21/2020)

Aug. 21, 2020 PACER
57

*(Filed at doc. 62 ) - LODGED Proposed Reply in Support of Motion for Class Certification re: 56 MOTION Exceed Page Limit for Reply re: 11 MOTION to Certify Class . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Wulkan, Lawrence) Modified on 9/8/2020 (GMP). (Entered: 08/21/2020)

Aug. 21, 2020 PACER
58

MOTION for Extension of Time to Answer Plaintiffs Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief by Maricopa, County of, Paul Penzone. (Attachments: # 1 Text of Proposed Order)(Struck, Daniel) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
59

NOTICE re: of Supplemental Authority by Maricopa, County of, Paul Penzone . (Attachments: # 1 Attachment A)(Nguyen, Kevin) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
60

RESPONSE re: 59 Notice (Other) by Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement. (Wulkan, Lawrence) (Entered: 09/03/2020)

Sept. 3, 2020 PACER
61

ORDER: Plaintiffs' 56 Motion to Exceed Page Limit is granted. The Clerk is directed to File Plaintiffs' Proposed Reply (doc. 57). Defendants' 58 Motion for Extension of Time is granted. On or before September 11, 2020, Defendants shall file their Answer to Plaintiffs' 1 Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief. Signed by Magistrate Judge John Z Boyle on 9/8/20. (GMP) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
62

REPLY to Response to Motion re: 11 MOTION to Certify Class filed by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (GMP) (Entered: 09/08/2020)

Sept. 8, 2020 Clearinghouse
63

ANSWER to 1 Complaint for Injunctive and Declaratory Relief by Maricopa, County of, Paul Penzone.(Struck, Daniel) (Entered: 09/11/2020)

Sept. 11, 2020 PACER
64

NOTICE of Attorney Withdrawal Clara Spera filed by Lawrence J Wulkan. (Wulkan, Lawrence) (Entered: 09/16/2020)

Sept. 16, 2020 PACER

Remark re Pro Hac Vice Motion

Sept. 18, 2020 PACER

Remark: Pro hac vice motion(s) granted for Leah Watson on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Sept. 18, 2020 PACER
65

NOTICE re: Updated COVID-19 Test Results by Maricopa, County of, Paul Penzone . (Attachments: # 1 Exhibit 1)(Nguyen, Kevin) (Entered: 09/25/2020)

Sept. 25, 2020 PACER
66

NOTICE re: Plaintiff-Petitioner's Notice of Supplemental Authority in Support of Class Certification by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida re: 11 MOTION to Certify Class . (Wulkan, Lawrence) (Entered: 10/02/2020)

Oct. 2, 2020 PACER
67

ORDER - The reference to the Magistrate Judge is withdrawn as to Plaintiffs' Motion for Class Certification (Doc. 11 ) and the Motion is granted. The following Classes and Subclasses as discussed here in are certified. See Order for further details. Signed by Judge Steven P Logan on 11/13/20. (DXD) (Entered: 11/13/2020)

Nov. 13, 2020 Clearinghouse
68

NOTICE of Appearance by Victoria Lopez on behalf of Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Lopez, Victoria) (Entered: 11/13/2020)

Nov. 13, 2020 PACER

Remark re Pro Hac Vice Motion

Dec. 16, 2020 PACER

Remark: Pro hac vice motion(s) granted for Corene T Kendrick on behalf of Plaintiffs Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)

Dec. 16, 2020 PACER
69

NOTICE of Attorney Withdrawal Eric Balaban filed by Lawrence J Wulkan. (Wulkan, Lawrence) (Entered: 12/17/2020)

Dec. 17, 2020 PACER
70

*ORDER - Case Management Conference set for 2/8/2021 at 11:30 AM in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge John Z Boyle. Signed by Magistrate Judge John Z Boyle on 1/7/21. (DXD) *Modified to correct hearing judge; NEF regenerated on 1/8/2021 (MAP)(CEI). (Entered: 01/07/2021)

Jan. 7, 2021 PACER
71

NOTICE re: Withdrawal of Counsel by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida . (Wulkan, Lawrence) (Entered: 01/27/2021)

Jan. 27, 2021 PACER
72

REPORT of Rule 26(f) Planning Meeting by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Wulkan, Lawrence) (Entered: 01/27/2021)

Jan. 27, 2021 PACER
73

ORDER - Discovery due by 7/6/2021. Dispositive motions due by 12/7/2021. IT IS FURTHER ORDERED that the Case Management Conference scheduled for February 8, 2021 (doc. 70 ) is vacated. (See document for complete details). Signed by Magistrate Judge John Z Boyle on 2/4/21. (SLQ) (Entered: 02/04/2021)

Feb. 4, 2021 PACER
74

NOTICE of Service of Discovery filed by Maricopa, County of, Paul Penzone. (Hesman, Ashlee) (Entered: 02/22/2021)

Feb. 22, 2021 PACER
75

NOTICE of Service of Discovery filed by Ramon Avenenti, Douglas Crough, Jason Fenty, Tamara Ochoa, Dale Perez, Puente Human Rights Movement, Edward Reason, Anthony Scroggins, Brian Stepter, Jesus Tequida. (Wulkan, Lawrence) (Entered: 02/22/2021)

Feb. 22, 2021 PACER
76

NOTICE of Service of Discovery filed by Maricopa, County of, Paul Penzone. (Hesman, Ashlee) (Entered: 03/05/2021)

March 5, 2021 PACER

State / Territory: Arizona

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: June 16, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future persons held in pretrial detention at the five jails operated by the Maricopa County Sheriff’s Office, known as the 4th Avenue, Saguaro, Estrella, Lower Buckeye, and Towers jails (together, the “Maricopa County jails”); all current and future persons held by Defendants in postconviction detention at the Maricopa County jails; and subclasses within both classes.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sheriff (Maricopa), County

Maricopa County (Maricopa), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Due Process

Special Case Type(s):

Habeas

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Bathing and hygiene

Conditions of confinement

Over/Unlawful Detention

Rehabilitation

Sanitation / living conditions

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Requested

Release Requested

Type of Facility:

Government-run