Case: Smith v. Barr

2:20-cv-00630 | U.S. District Court for the Southern District of Indiana

Filed Date: Nov. 25, 2020

Closed Date: March 16, 2021

Clearinghouse coding complete

Case Summary

COVID-19 Summary: Two individuals incarcerated at Terre Haute Correctional Complex filed this lawsuit on behalf of all individuals who were or would be incarcerated at Terre Haute during the COVID-19 pandemic. They sought injunctive relief to stop the defendants from conducting federal executions, which drew hundreds of individuals from all over the country and therefore threatened the plaintiffs' safety. The court denied the plaintiffs' first motion for preliminary injunction but granted the s…

COVID-19 Summary: Two individuals incarcerated at Terre Haute Correctional Complex filed this lawsuit on behalf of all individuals who were or would be incarcerated at Terre Haute during the COVID-19 pandemic. They sought injunctive relief to stop the defendants from conducting federal executions, which drew hundreds of individuals from all over the country and therefore threatened the plaintiffs' safety. The court denied the plaintiffs' first motion for preliminary injunction but granted the second motion, prohibiting the defendants from executing any additional inmates without first taking specific precautions. In March 2021, the case was dismissed for lack of jurisdiction, as there were no more pending executions.


This is a class action lawsuit regarding the potential threat posed by executions at a federal prison during the COVID-19 pandemic. On November 25, 2020, two individuals incarcerated at the Terre Haute Federal Correctional Complex filed this lawsuit on behalf of all those "currently or who will in the future be incarcerated at [Terre Haute] during the COVID-19 pandemic" in the U.S. District Court for the Southern District of Indiana. The plaintiffs sued the U.S. Attorney General, Director of Federal Bureau of Prisons, and the Warden of Terre Haute Federal Correctional Complex (Terre Haute) under the Declaratory Judgment Act, 28 U.S.C 2201, alleging Eighth Amendment violations and seeking declaratory and injunctive relief. Specifically, the plaintiffs alleged that by conducting executions during the COVID-19 pandemic and allowing an estimated 200 people from all over the U.S. to visit the prison for each execution, the defendants showed deliberate indifference to the plaintiffs' health and safety. The case was assigned to Judge Jane Magnus-Stinson and Magistrate Judge Doris L. Pryor.

On November 30, the plaintiffs filed an emergency motion for preliminary injunction and a request for expedited consideration. The plaintiffs requested that the court enjoin the defendants from conducting further executions at Terre Haute during the COVID-19 pandemic. After several hearings on the motion, the court denied the plaintiffs' request for preliminary injunction on December 8, holding that the U.S. Attorney General has near limitless discretion to conduct federal executions, subject only to the Eighth Amendment. The court stated that the plaintiffs' Eighth Amendment rights were not violated, since the increased risk of COVID-19 would only result in more COVID-19 cases for those involved in the executions, and not the plaintiffs themselves. The court thus held that the plaintiffs did not meet their burden of showing their constitutional claim was likely to succeed on the merits. 2020 WL 7239527.

After multiple executions were conducted at Terre Haute, the plaintiffs filed a second motion for preliminary injunction on December 28, seeking a prohibition on future executions until inmates no longer faced an unreasonable risk of contracting COVID-19 as a result of the executions. The plaintiffs proposed vaccinating the inmate population at Terre Haute or taking extensive preventative measures, including quarantining and testing execution team members and implementing contact tracing protocols.

On January 7, 2021, the court granted the motion in part and denied the motion in part, assenting to the fact that the previous executions did create a substantial risk that the plaintiffs would contract COVID-19 and suffer serious health consequences. 2021 WL 71168. Although not as extensive as the plaintiffs requested, the court prohibited the defendants from carrying out executions unless they took certain precautions, including enforcing face masks, maintaining contact logs, and implementing testing and contact tracing protocols.

A few days later, the plaintiffs moved for pre- and post-compliance reports, which the court granted on on January 11. The court ordered the defendants to provide the court with a sworn affidavit or declaration attesting their compliance with the preliminary injunction within 15 days of each execution. This motion was later denied as moot after the defendants moved for dismissal due to lack of jurisdiction on February 22. Because there were no more executions scheduled in the near future, the court granted the motion to dismiss on March 16, 2021, and the case was closed.

Summary Authors

Zofia Peach (4/15/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/18693556/parties/smith-v-barr/


Judge(s)

Magnus-Stinson, Jane Elizabeth (Indiana)

Pryor, Doris L. (Indiana)

Attorneys(s) for Plaintiff

Burgoyne, Robert Anthony (District of Columbia)

Howland, Sarah (New York)

Maley, John R. (Indiana)

Mew, Caroline M. (District of Columbia)

Attorneys(s) for Defendant

Olson, Lisa A (District of Columbia)

Von Bokern, Jordan L (District of Columbia)

Woods, Shelese M. (Indiana)

Expert/Monitor/Master

Fefferman, Nina H. (Tennessee)

Judge(s)

Magnus-Stinson, Jane Elizabeth (Indiana)

Pryor, Doris L. (Indiana)

Attorneys(s) for Plaintiff

Burgoyne, Robert Anthony (District of Columbia)

Howland, Sarah (New York)

Maley, John R. (Indiana)

Mew, Caroline M. (District of Columbia)

Attorneys(s) for Defendant

Olson, Lisa A (District of Columbia)

Von Bokern, Jordan L (District of Columbia)

Woods, Shelese M. (Indiana)

Expert/Monitor/Master

Fefferman, Nina H. (Tennessee)

Formosa, Charles P (California)

Documents in the Clearinghouse

Document

2:20-cv-00630

Docket [PACER]

March 18, 2021

March 18, 2021

Docket
1

2:20-cv-00630

Class Action Complaint for Declaratory and Injunctive Relief

Nov. 25, 2020

Nov. 25, 2020

Complaint
12

2:20-cv-00630

Plaintiffs' Emergency Motion for Preliminary Injunction and Request for Expedited Consideration

Nov. 30, 2020

Nov. 30, 2020

Pleading / Motion / Brief
37

2:20-cv-00630

Order Denying Motion for Preliminary Injunction

2020 WL 7239527

Dec. 8, 2020

Dec. 8, 2020

Order/Opinion
47, 47-2, 47-3, 47-6

2:20-cv-00630

Plaintiffs' Second Motion for Preliminary Injunction

Smith v. Rosen

Dec. 28, 2020

Dec. 28, 2020

Pleading / Motion / Brief
55

2:20-cv-00630

Order Granting in Part and Denying in Part Plaintiffs' Second Motion for Preliminary Injunction

512 F.Supp.3d 887, 2021 WL 71168

Jan. 7, 2021

Jan. 7, 2021

Order/Opinion
56

2:20-cv-00630

Order Granting Preliminary Injunction

Jan. 7, 2021

Jan. 7, 2021

Order/Opinion
84

2:20-cv-00630

Order Dismissing Action as Moot

March 16, 2021

March 16, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18693556/smith-v-barr/

Last updated Aug. 9, 2022, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Class Action Complaint for Declaratory Judgment and Injunctive Relief) against All Defendants, filed by All Plaintiffs. (Filing fee $400, receipt number 0756-6295043) (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons)(Maley, John) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

Clearinghouse
2

NOTICE of Appearance by John R. Maley on behalf of Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Maley, John) (Entered: 11/25/2020)

Nov. 25, 2020

Nov. 25, 2020

PACER
3

ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James R. Sweeney II on 11/30/2020. (BRR) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
4

NOTICE of Reassignment of Case to Judge Jane Magnus-Stinson. Judge James R. Sweeney II is no longer assigned to this case. Please include the new case number, 2:20-cv-00630-JMS-MJD, on all future filings in this matter. (RSF) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
5

PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (KAA) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
6

MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (KAA) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
7

MOTION for Attorney(s) Robert A Burgoyne to Appear pro hac vice (Filing fee $100, receipt number 0756-6295949), filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Exhibit A - Attorney Certification, # 2 Text of Proposed Order)(Maley, John) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
8

Summons Issued as to WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (KAA) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
9

MOTION for Attorney(s) Caroline M. Mew to Appear pro hac vice (Filing fee $100, receipt number 0756-6296008), filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Exhibit A - Attorney Certification, # 2 Text of Proposed Order)(Maley, John) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
10

MOTION for Attorney(s) Sarah Howland to Appear pro hac vice (Filing fee $100, receipt number 0756-6296049), filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Exhibit A - Attorney Certification, # 2 Text of Proposed Order)(Maley, John) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
11

NOTICE of Reassignment of Case to Magistrate Judge Doris L. Pryor. Magistrate Judge Mark J. Dinsmore is no longer assigned to this case. Please include the new case number, 2:20-cv-00630-JMS-DLP, on all future filings in this matter. (RSF) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
12

Emergency MOTION for Preliminary Injunction and Request for Expedited Consideration, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Text of Proposed Order)(Maley, John) (Entered: 11/30/2020)

1 Text of Proposed Order

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Nov. 30, 2020

Nov. 30, 2020

Clearinghouse
13

Appendix of Exhibits in Support of Motion re 12 Emergency MOTION for Preliminary Injunction and Request for Expedited Consideration, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Exhibit A - Dr. Joe Goldenson Declaration, # 2 Exhibit A-1 - Goldenson CV, # 3 Exhibit B - Shelby Rampolo Declaration, # 4 Exhibit B-1 - Rick Winter Declaration from 2:20-cv-336, # 5 Exhibit B-2 - Timothy Floyd Declaration from 2:20-cv-336, # 6 Exhibit B-3 - BOP Execution Protocol from 2:20-cv-336, # 7 Exhibit B-4 - Rick Winter Declaration from 2:20-cv-350, # 8 Exhibit B-5 - 5/19/19 PREA, # 9 Exhibit B-6 - 11/19/20 Screenshot BOP website, # 10 Exhibit B-7 - 11/19/20 Screenshot BOP website, # 11 Exhibit B-8 - Demonstrator Info, # 12 Exhibit B-9 - Interim Guidance, # 13 Exhibit B-10 - FAQs, # 14 Exhibit B-11 - AFGE Complaint, # 15 Exhibit C - Sarah Howland Declaration Regarding Smith, # 16 Exhibit C-1 - 11/5/2020 Lee Email, # 17 Exhibit C-2 - Smith Screenshot, # 18 Exhibit C-3 - Smith First Request for Compassionate Release, # 19 Exhibit C-4 - Smith's Second Request for Compassionate Release, # 20 Exhibit C-5 - 6/30/20 Denial of Smith's Second Request, # 21 Exhibit D - Sarah Howland Declaration Regarding Holm, # 22 Exhibit D-1 - 11/4/20 Rieger Email, # 23 Exhibit D-2 - Holm Screenshot, # 24 Exhibit D-3 - 9/28/20 Judicial Request, # 25 Exhibit D-4 - 7/30/20 Pro Se Judicial Request, # 26 Exhibit E - Jennifer Davis Declaration, # 27 Exhibit F - Cassandra Stubbs Declaration, # 28 Exhibit F-1 - BOP FOIA Excerpts, # 29 Exhibit G - Yusuf Ahmed Nur Declaration, # 30 Exhibit G-A - 11/26/20 Inconclusive COVID test reults, # 31 Exhibit G-B - 11/30/20 Positive COVID test results)(Maley, John) (Entered: 11/30/2020)

1

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4

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8

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16

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22

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28

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Nov. 30, 2020

Nov. 30, 2020

PACER
14

BRIEF/MEMORANDUM in Support re 12 Emergency MOTION for Preliminary Injunction and Request for Expedited Consideration, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Maley, John) (Entered: 11/30/2020)

Nov. 30, 2020

Nov. 30, 2020

PACER
15

PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (KAA) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
16

MOTION for Emergency Hearing re 12 Emergency MOTION for Preliminary Injunction and Request for Expedited Consideration (Plaintiffs' Request for Hearing on their Emergency Motion for Preliminary Injunction), filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Text of Proposed Order)(Maley, John) (Entered: 12/01/2020)

Dec. 1, 2020

Dec. 1, 2020

PACER
17

SCHEDULING ORDER: A Status Conference is set for 12/3/2020 at 1:30 PM (Eastern Time) by Telephone before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss a briefing schedule for the pending motion for preliminary injunction. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 12/2/2020.(KAA) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
18

ORDER granting 7 Motion to Appear pro hac vice. Attorney Robert A. Burgoyne for BRANDON S. HOLM,Robert A. Burgoyne for PATRICK R. SMITH added. Applicant shall register for electronic filing, as required by Local Rule5-3, within ten (10) days of the entry of this Order. Copy to Mr. Burgoyne via US Mail. Signed by Magistrate Judge Doris L. Pryor on 12/2/2020. (KAA) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
19

ORDER granting 9 Motion to Appear pro hac vice. Attorney Caroline M. Mew for BRANDON S. HOLM,Caroline M. Mew for PATRICK R. SMITH added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Ms. Mew via US Mail. Signed by Magistrate Judge Doris L. Pryor on 12/2/2020. (KAA) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
20

ORDER granting 10 Motion to Appear pro hac vice. Attorney Sarah Howland for BRANDON S. HOLM,Sarah Howland for PATRICK R. SMITH added. Applicant shall register for electronic filing, as required by Local Rule 5-3, within ten (10) days of the entry of this Order. Copy to Ms. Howland via US Mail. Signed by Magistrate Judge Doris L. Pryor on 12/2/2020. (KAA) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
22

NOTICE of Appearance by Shelese M. Woods on behalf of Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Woods, Shelese) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
23

NOTICE of Appearance by Lisa A. Olson on behalf of Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Olson, Lisa) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
24

NOTICE of Appearance by Jordan L. Von Bokern on behalf of Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Von Bokern, Jordan) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
25

ENTRY SETTING HEARING - The above cause is set for a hearing on Plaintiff's Motion for Preliminary Injunction, Dkt 16, on Tuesday, December 8, 2020 at 10:00 a.m. by video. The parties are to file witness and exhibit lists on or before December 7, 2020 by 10:00 a.m. The Court has reserved up to 2 hours for the hearing. The court will contact counsel by separate email with the information to be used to participate in this hearing. SEE ORDER. Distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 12/3/2020.(KAA) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
27

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on December 3, 2020. The Court sets the following briefing schedule for the pending motion for preliminary injunction:*Defendants' Response is due by December 5, 2020 at 12:00 am.*Plaintiffs' Reply is due by December 7, 2020 at 10:00 am.The call was held and concluded. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 12/04/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
26

Order Directing Briefing - The defendants' brief in response to the plaintiffs' motion for a preliminary injunction is due at 12:00 a.m. on December 6, 2020. The Court directs the defendants to answer the following questions in their brief: (See Order.) Copies distributed pursuant to distribution list. Signed by Judge Jane Magnus-Stinson on 12/4/2020.(RSF) (Entered: 12/04/2020)

Dec. 4, 2020

Dec. 4, 2020

PACER
28

RESPONSE in Opposition re 12 Emergency MOTION for Preliminary Injunction and Request for Expedited Consideration, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Attachments: # 1 Exhibit 1, Declaration of T.J. Watson, # 2 Exhibit 2, Declaration of Kevin Pistro)(Von Bokern, Jordan) (Entered: 12/05/2020)

1 Exhibit 1, Declaration of T.J. Watson

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2 Exhibit 2, Declaration of Kevin Pistro

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Dec. 5, 2020

Dec. 5, 2020

RECAP
29

Appendix of Exhibits in Support of Reply in Support of Motion re 12 Emergency MOTION for Preliminary Injunction and Request for Expedited Consideration, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Exhibit A - Second Rampolo Declaration, # 2 Exhibit A-1 - Vigo County COVID data, # 3 Exhibit A-2 - Pennsylvania/National COVID data 11.29.20, # 4 Exhibit A-3 - Indiana/National COVID data 11.22.20, # 5 Exhibit A-4 - CDC Summary of Guidance Dec. 2020, # 6 Exhibit B - Second Nur Declaration)(Burgoyne, Robert) Modified on 12/7/2020 - created link to 31 (RSF). (Entered: 12/07/2020)

1 Exhibit A - Second Rampolo Declaration

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2 Exhibit A-1 - Vigo County COVID data

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3 Exhibit A-2 - Pennsylvania/National COVID data 11.29.20

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4 Exhibit A-3 - Indiana/National COVID data 11.22.20

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5 Exhibit A-4 - CDC Summary of Guidance Dec. 2020

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6 Exhibit B - Second Nur Declaration

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Dec. 7, 2020

Dec. 7, 2020

PACER
30

APPENDIX re 28 Response in Opposition to Motion List of Exhibits for Preliminary Injunction Hearing by All Defendants. (Olson, Lisa) Modified on 12/7/2020 -edited title (RSF). (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

RECAP
31

REPLY in Support of Motion re 12 Emergency MOTION for Preliminary Injunction and Request for Expedited Consideration, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Burgoyne, Robert) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

RECAP
32

Exhibit List, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH, Witness List for Preliminary Injunction Hearing, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Burgoyne, Robert) (Entered: 12/07/2020)

Dec. 7, 2020

Dec. 7, 2020

PACER
33

MOTION for Leave to File Two Supplemental Declarations in Support of Their Opposition to Plaintiffs' Motion for a Preliminary Injunction, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Attachments: # 1 Affidavit Supplemental Declaration of T.J. Watson, # 2 Affidavit Declaration of Rick Winter)(Olson, Lisa) (Entered: 12/07/2020)

1 Affidavit Supplemental Declaration of T.J. Watson

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2 Affidavit Declaration of Rick Winter

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Dec. 7, 2020

Dec. 7, 2020

PACER
34

ORDER - This matter comes before the Court on Defendants' Motion for Leave to File Two Supplemental Declarations in Support of Their Opposition to Plaintiffs' Motion for a Preliminary Injunction, Dkt. 33 . The Court, being duly advised, hereby finds that said Motion should be GRANTED. Signed by Magistrate Judge Doris L. Pryor on 12/8/2020. (RSF) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
35

MINUTE ORDER for proceedings held before Judge Jane Magnus-Stinson: A hearing on the plaintiffs' motion for preliminary injunction was held by video conference on December 8, 2020 16 . The plaintiffs seek to enjoin all scheduled federal executions until the COVID-19 crisis has abated. Counsel Robert Burgoyne, Sarah Howland and John Maley appeared for plaintiffs Patrick Smith and Brandon Holm. Lisa Olson and Jordan L. Von Bokern appeared on behalf of the U.S. Department of Justice, and Shelese Woods appeared on behalf of the U.S. Attorney's Office. The hearing was recorded by Court Reporter, Jean Knepley.The parties presented oral argument on the pending motion. No witnesses were called. Spectators were present by video.The Court will issue an order in due course. Signed by Judge Jane Magnus-Stinson. (Court Reporter Jean Knepley.)(MRI) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
36

MOTION for Leave to File Post-Hearing Responses to Questions, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Burgoyne, Robert) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
37

Order Denying Motion for Preliminary Injunction - Circuit precedent arising from prior recent executions makes clear the nearly limitless discretion the Attorney General possesses in conducting federal executions. The only limitation to such discretion argued here is the Eighth Amendment to the United States Constitution, and the plaintiffs have not met their burden of showing their constitutional claim is likely to succeed. That others, or a court, might exercise discretion differently in light of the risks presented by a deadly virus is not the relevant calculus. The plaintiffs' emergency motion for preliminary injunction, dkt. 12, is therefore denied. The plaintiffs' motion for leave to file post-hearing responses to the Court's questions, dkt. 36, is granted. The Court considered these responses in deciding the motion. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/8/2020. (RSF) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

Clearinghouse
38

TRANSCRIPT of Video Motion for Preliminary Injunction held on 12-8-2020 before Chief Judge Jane Magnus-Stinson. (35 pages.) Court Reporter/Transcriber: Jean Knepley (Telephone: (317) 696-3565). Please review Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 12/29/2020. Release of Transcript Restriction set for 3/8/2021. (Knepley, Jean) Released on 3/9/2021 (SWM). (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
39

NOTICE of FILING of OFFICIAL TRANSCRIPT of Video Motion for Preliminary Injunction held before Chief Judge Jane Magnus-Stinson on 12-8-2020 (Knepley, Jean) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
40

MOTION for Leave to Take Limited, Expedited Discovery, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Exhibit 1 - Example Contact Tracing Records)(Burgoyne, Robert) (Entered: 12/09/2020)

1 Exhibit 1 - Example Contact Tracing Records

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Dec. 9, 2020

Dec. 9, 2020

RECAP
41

Order Directing Defendants to Respond to Motion for Leave to Take Expedited Discovery The plaintiffs have filed a motion for leave to take expedited discovery regarding positive COVID-19 cases among execution team members and FCC Terre Haute staff, as well as any interaction between these COVID-positive individuals and FCI Terre Haute inmates and staff. The defendants shall have until 11:59 p.m. on December 9, 2020, to respond to the plaintiffs' motion. Signed by Magistrate Judge Doris L. Pryor on 12/9/2020.(RSF) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

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42

MOTION to Stay Discovery, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Attachments: # 1 Text of Proposed Order)(Woods, Shelese) (Entered: 12/09/2020)

1 Text of Proposed Order

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Dec. 9, 2020

Dec. 9, 2020

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43

RESPONSE in Opposition re 40 MOTION for Leave to Take Limited, Expedited Discovery, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Woods, Shelese) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

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44

***PLEASE DISREGARD - VACATED AT 45 *** Order Directing Plaintiffs to Respond to Motion to Stay Discovery - On December 9, 2020, the plaintiffs filed a motion for expedited discovery. Dkt. 40 . Also on December 9, the defendants responded and filed a motion to stay discovery. Dkt. 42 ; dkt. 43 . The plaintiffs shall have until 11:59 p.m. on December 10, 2020, to respond to the defendants' motion to stay discovery. Signed by Magistrate Judge Doris L. Pryor on 12/10/2020 (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

PACER
45

Order Granting Motion for Expedited Discovery and Denying Motion to Stay Discovery - The plaintiffs' motion for leave to take limited expedited discovery, dkt. 40, is granted to the extent that the defendants' shall have through December 15, 2020, to respond to the plaintiffs' discovery requests. Given the time-sensitive nature of the plaintiffs' claims and the possibility that the plaintiffs will file another motion for preliminary injunction in the near future, there is good cause for expedited discovery. The defendants' motion to stay discovery, dkt. 42, is denied. The order directing the plaintiffs to respond to the defendants' motion to stay discovery, dkt. 44, is vacated. Signed by Magistrate Judge Doris L. Pryor on 12/10/2020. (RSF) (Entered: 12/10/2020)

Dec. 10, 2020

Dec. 10, 2020

RECAP
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MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a conference on December 22, 2020. John Maley and Robert Burgoyne appeared for the plaintiffs. Assistant United States Attorney Shelese Woods appeared for the defendants. The parties discussed discovery disputes. The defendants shall provide supplemental unredacted discovery responses as discussed during the conference. The call was held and concluded. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 12/23/2020)

Dec. 23, 2020

Dec. 23, 2020

RECAP
47

Second MOTION for Preliminary Injunction, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit 1 - Fefferman Declaration, # 3 Exhibit 1-A - Fefferman CV, # 4 Exhibit 1-B - BOP declarations, # 5 Exhibit 1-C - Contact tracing records, # 6 Exhibit 2 - Formosa Declaration, # 7 Exhibit 3 - Mew Declaration, # 8 Exhibit 3-A - Responses to Doc. Reqs., # 9 Exhibit 3-B - Responses to Interrogatories, # 10 Exhibit 3-C - Dec. 22 ltr. and Supp. Response to Doc. Req. 1)(Burgoyne, Robert) (Entered: 12/28/2020)

1 Appendix Index of Exhibits

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2 Exhibit 1 - Fefferman Declaration

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3 Exhibit 1-A - Fefferman CV

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4 Exhibit 1-B - BOP declarations

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5 Exhibit 1-C - Contact tracing records

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6 Exhibit 2 - Formosa Declaration

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7 Exhibit 3 - Mew Declaration

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8 Exhibit 3-A - Responses to Doc. Reqs.

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9 Exhibit 3-B - Responses to Interrogatories

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10 Exhibit 3-C - Dec. 22 ltr. and Supp. Response to Doc. Req. 1

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Dec. 28, 2020

Dec. 28, 2020

RECAP
48

BRIEF/MEMORANDUM in Support re 47 Second MOTION for Preliminary Injunction, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Burgoyne, Robert) (Entered: 12/28/2020)

Dec. 28, 2020

Dec. 28, 2020

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49

MOTION for Expedited Briefing on Second Motion for Preliminary Injunction, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Text of Proposed Order)(Burgoyne, Robert) (Entered: 12/28/2020)

1 Text of Proposed Order

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Dec. 28, 2020

Dec. 28, 2020

RECAP
50

ORDER granting 49 Motion for expedited briefing on their second motion for preliminary injunction. Defendants shall file their opposition to Plaintiffs' second motion for preliminary injunction on or before January 4, 2021. Plaintiffs' shall file their reply brief on or before January 6, 2021. The Court will notify the parties whether it will hold a hearing on the motion. Signed by Judge Jane Magnus-Stinson on 12/29/2020. (RSF) (Entered: 12/29/2020)

Dec. 29, 2020

Dec. 29, 2020

RECAP
51

RESPONSE in Opposition re 47 Second MOTION for Preliminary Injunction, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Attachments: # 1 Exhibit 1 - Third Declaration of TJ Watson, # 2 Exhibit 2 - Second Declaration of Rick Winter, # 3 Exhibit 3 - Excerpt of Hearing Transcript)(Von Bokern, Jordan) (Entered: 01/04/2021)

1

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2

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3

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Jan. 4, 2021

Jan. 4, 2021

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52

Order Directing Plaintiffs to Address 18 U.S.C. ยง 3626(a)(2) - The plaintiffs are directed to address in their reply whether the relief they request satisfies the requirements of 18 U.S.C. ยง 3626(a)(2) and, if not, to propose relief that does satisfy them. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/5/2021.(RSF) (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

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53

***PLEASE DISREGARD - DUPLICATE ENTRY OF 52 *** Order Directing Plaintiffs to Address 18 U.S.C. ยง 3626(a)(2) - The plaintiffs are directed to address in their reply whether the relief they request satisfies the requirements of 18 U.S.C. ยง 3626(a)(2) and, if not, to propose relief that does satisfy them. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 1/5/2021.(JRB) Modified on 1/5/2021 (RSF). (Entered: 01/05/2021)

Jan. 5, 2021

Jan. 5, 2021

PACER
54

REPLY in Support of Motion re 47 Second MOTION for Preliminary Injunction, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Burgoyne, Robert) (Entered: 01/06/2021)

Jan. 6, 2021

Jan. 6, 2021

PACER
55

Order Granting in Part and Denying in Part Plaintiffs' Second Motion for Preliminary Injunction - The plaintiffs here--two inmates at FCI Terre Haute--have made a strong showing that they face an unconstitutional health risk if the defendants carry out scheduled executions without significant modifications to their COVID-19 prevention measures. The plaintiffs' second motion for preliminary injunction, dkt. 47, is granted in part and denied in part. A separate order for preliminary injunction shall issue. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/7/2021. (RSF) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

Clearinghouse
56

Order Granting Preliminary Injunction - The Court concluded in an order issued on this date that plaintiffs Patrick R. Smith and Brandon S. Holm have demonstrated that they are entitled to a preliminary injunction. The defendants are enjoined from carrying out any future executions in the next 60 days without implementing the following policies: SEE ORDER. Signed by Judge Jane Magnus-Stinson on 1/7/2021.(RSF) (Entered: 01/07/2021)

Jan. 7, 2021

Jan. 7, 2021

Clearinghouse
57

Emergency MOTION for Pre- and Post-Execution Compliance Reports, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Text of Proposed Order)(Burgoyne, Robert) (Entered: 01/10/2021)

1 Text of Proposed Order

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Jan. 10, 2021

Jan. 10, 2021

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58

MARGINAL ENTRY - Defendants shall file any response to the Plaintiffs' motion 57 by noon January 11, 2021. No reply is necessary. Signed by Judge Jane Magnus-Stinson on 1/10/2021.(RSF) (Entered: 01/10/2021)

Jan. 10, 2021

Jan. 10, 2021

PACER
59

RESPONSE in Opposition re 57 Emergency MOTION for Pre- and Post-Execution Compliance Reports, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Von Bokern, Jordan) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

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60

Order Granting in Part and Denying in Part Plaintiffs' Emergency Motion for Pre- and Post-Execution Compliance Reports - the plaintiffs' motion, dkt. 57, is granted in part and denied in part. Within 15 days of each execution carried out at FCC Terre Haute, the defendants shall each file with the Court a sworn affidavit or declaration under penalty of perjury attesting that they have complied with the Court's preliminary injunction. Any other requested relief is denied. Nothing in this entry prevents the Court from taking additional enforcement action, should it learn its injunction is not being followed. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/11/2021. (RSF) (Entered: 01/11/2021)

Jan. 11, 2021

Jan. 11, 2021

RECAP
61

Emergency MOTION Requiring Defendants to Show Cause Why They Should Not Be Held in Contempt, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Attachments: # 1 Exhibit 1 - Davis Declaration, # 2 Exhibit Attachment to Davis Decl. - G. Hale Twitter, # 3 Exhibit 2 - Breeden Declaration, # 4 Text of Proposed Order)(Burgoyne, Robert) (Entered: 01/15/2021)

1 Exhibit 1 - Davis Declaration

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2 Exhibit Attachment to Davis Decl. - G. Hale Twitter

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3 Exhibit 2 - Breeden Declaration

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4 Text of Proposed Order

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Jan. 15, 2021

Jan. 15, 2021

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62

Order Directing Defendants Michael Carvajal and T.J. Watson to Show Cause - The plaintiffs' motion, dkt. 61, is granted to the extent that defendants T.J. Watson and Michael Carvajal shall have until 7:00 p.m. Eastern on January 15, 2021, to show cause why they should not be held in contempt for violating the injunction. The response must be personally verified by each of these defendants. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/15/2021.(RSF) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

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63

RESPONSE in Opposition re 61 Emergency MOTION Requiring Defendants to Show Cause Why They Should Not Be Held in Contempt, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Attachments: # 1 Exhibit A - Winter declaration, # 2 Exhibit B - Watson declaration, # 3 Exhibit C - Carvajal declaration)(Von Bokern, Jordan) (Entered: 01/15/2021)

1 Exhibit A - Winter declaration

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2 Exhibit B - Watson declaration

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3 Exhibit C - Carvajal declaration

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Jan. 15, 2021

Jan. 15, 2021

RECAP
64

REPLY in Support of Motion re 61 Emergency MOTION Requiring Defendants to Show Cause Why They Should Not Be Held in Contempt, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Burgoyne, Robert) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

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65

Order Denying in Part Plaintiffs' Motion for Finding of Contempt - The plaintiffs' motion, dkt. 61, is denied in part. The Court shall not stay executions pending a ruling on the motion to show cause. Nor shall the Court prohibit the officials who removed their masks during the execution on January 14, 2021, from participating in the execution on January 15, 2021. However, the defendants shall ensure that these two officials shall not have close contact with any FCC Terre Haute personnel, beginning immediately and for the remainder of the officials' time at FCC Terre Haute in January 2021. "Close contact" shall be defined as "being within 6 feet of a person for a cumulative total of 15 minutes or more over a 24-hour period." The defendants shall certify compliance with this requirement in accordance with the terms in the Court's order dated January 11, 2021. The Court may set a hearing for additional factfinding in a future order. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/15/2021.(RSF) (Entered: 01/15/2021)

Jan. 15, 2021

Jan. 15, 2021

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66

NOTICE of Parties' First Extension of Time re Filing a response to pleading defined by Fed. R. Civ. P. 7(a), filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Woods, Shelese) (Entered: 01/21/2021)

Jan. 21, 2021

Jan. 21, 2021

RECAP
67

NOTICE of Compliance, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON, re 56 Preliminary Injunction, 65 Entry, 60 Order on Motion. (Attachments: # 1 Exhibit 1, Watson Decl., # 2 Exhibit 2, Carvajal Decl.) (Woods, Shelese) (Entered: 01/27/2021)

1 Exhibit 1, Watson Decl.

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2 Exhibit 2, Carvajal Decl.

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Jan. 27, 2021

Jan. 27, 2021

RECAP
68

NOTICE of Compliance, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON, re 56 Preliminary Injunction, 65 Entry, 60 Order on Motion. (Attachments: # 1 Exhibit 1, Carvajal Decl., # 2 Exhibit 2, Watson Decl.) (Woods, Shelese) (Entered: 01/29/2021)

1 Exhibit 1, Carvajal Decl.

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2 Exhibit 2, Watson Decl.

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Jan. 29, 2021

Jan. 29, 2021

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69

NOTICE of Compliance, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON, re 56 Preliminary Injunction, 65 Entry, 60 Order on Motion. (Attachments: # 1 Exhibit 1, Carvajal Decl., # 2 Exhibit 2, Watson Decl.) (Woods, Shelese) (Entered: 01/29/2021)

1 Exhibit 1, Carvajal Decl.

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2 Exhibit 2, Watson Decl.

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Jan. 29, 2021

Jan. 29, 2021

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70

SCHEDULING ORDER: A Status Conference is set for 2/5/2021 at 3:00 PM (Eastern Time) by Telephone before Magistrate Judge Doris L. Pryor. The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor on 2/2/2021(KAA) (Entered: 02/02/2021)

Feb. 2, 2021

Feb. 2, 2021

RECAP
72

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a conference on February 5, 2021. Robert Burgoyne appeared for the plaintiffs. Assistant United States Attorney Shelese Woods appeared for the defendants. On or before February 12, 2021, the plaintiffs will notify the Court whether they seek a hearing on their emergency motion requiring defendants to show cause, dkt. 61 . The matter is set for a telephone status conference on February 16, 2021 at 8:30 a.m. (Eastern). The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 02/09/2021)

Feb. 9, 2021

Feb. 9, 2021

RECAP
74

RESPONSE to Defendants' Reports Regarding Compliance, re 68 Notice (Other), 69 Notice (Other), 67 Notice (Other), filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Burgoyne, Robert) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
75

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a conference on February 16, 2021. Robert Burgoyne appeared for the plaintiffs. Assistant United States Attorney Shelese Woods appeared for the defendants. The parties discussed the plaintiffs' recent filing, dkt. 74. The matter is set for a telephone status conference on February 19, 2021, at 11:00 a.m. (Eastern). The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 02/17/2021)

Feb. 17, 2021

Feb. 17, 2021

RECAP
77

RESPONSE re 74 Response, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Woods, Shelese) (Entered: 02/18/2021)

Feb. 18, 2021

Feb. 18, 2021

PACER
78

Order Denying Without Prejudice Plaintiffs' Motion to Require Supplemental Report:The plaintiffs filed this civil rights action alleging that the defendants, by conducting executions during a pandemic, showed deliberate indifference to their health and safety. On January 7, 2021, the Court granted in part the plaintiffs' motion for preliminary injunction and prohibited the defendants from carrying out executions without taking certain precautions. Dkts. 55 and 56. On January 11, 2021, the Court directed the defendants to file sworn affidavits or declarations following each execution attesting to their compliance with the preliminary injunction. Dkt. 60. The defendants filed declarations on January 27 and January 29, 2021. Dkts. 6769. The plaintiffs filed a purported response to those declarations, dkt. 74, asking for a Court order directing the defendants to file a supplemental report documenting their compliance with the preliminary injunction. The Court construes this response as a motion for the Court to order a supplemental report, and that motion, dkt. 74, is denied without prejudice. The plaintiffs have not shown that the discovery process is inadequate for them to obtain the information they seek. If, after discovery, the plaintiffs wish to challenge the defendants' declarations as inadequate, this Order does not prevent them from doing so. Signed by Judge Jane Magnus-Stinson on 2/19/2021.(NLR) (Entered: 02/19/2021)

Feb. 19, 2021

Feb. 19, 2021

RECAP
79

MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Woods, Shelese) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
80

BRIEF/MEMORANDUM in Support re 79 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants WILLIAM P. BARR, MICHAEL CARVAJAL, T.J. WATSON. (Woods, Shelese) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

RECAP
81

MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a conference on February 16, 2021. Robert Burgoyne appeared for the plaintiffs. Assistant United States Attorney Shelese Woods appeared for the defendants. The parties discussed discovery. The defendants will produce responses to the plaintiffs' discovery requests by March 5, 2021. The matter is set for a telephone status conference on March 18, 2021, at 9:45 a.m. (Eastern). The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG) (Entered: 02/22/2021)

Feb. 22, 2021

Feb. 22, 2021

PACER
83

RESPONSE to Motion re 79 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiffs BRANDON S. HOLM, PATRICK R. SMITH. (Burgoyne, Robert) (Entered: 03/15/2021)

March 15, 2021

March 15, 2021

PACER
86

MOTION to Appoint Counsel, filed by Plaintiff PATRICK R. SMITH. (Attachments: # 1 Exhibit, # 2 Envelope)(AAS) (Entered: 03/17/2021)

March 15, 2021

March 15, 2021

PACER
84

Order Dismissing Action as Moot - The defendant's motion to dismiss, dkt. 79, is granted. This action is dismissed for lack of jurisdiction. The plaintiffs' pending motion for an order requiring the defendants to show cause, dkt. 61, is denied as moot. Final judgment shall now enter. Signed by Judge Jane Magnus-Stinson on 3/16/2021. (KAA) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

Clearinghouse
85

FINAL JUDGMENT - The Court now enters final judgment. This action is dismissed for lack of jurisdiction. Signed by Judge Jane Magnus-Stinson on 3/16/2021.(KAA) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

RECAP
87

Order Denying Motion to Appoint Counsel - Mr. Smith has submitted a letter to the Court asking for counsel to investigate his unrelated claim that prison medical staff are denying him adequate care. Dkt. 86. The Court construes this letter as a motion for counsel, and the motion, dkt. 86, is denied. The clerk is directed to include a blank prisoner complaint form with Mr. Smith's copy of this Order. SEE ORDER. Copy to Plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 3/18/2021. (Attachments: # 1 Prisoner Complaint Form) (KAA) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
88

Motion (Other)

Nov. 29, 2021

Nov. 29, 2021

PACER

Case Details

State / Territory: Indiana

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 25, 2020

Closing Date: March 16, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two individuals incarcerated at Terre Haute Correctional Complex

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Perkins Coie

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Attorney General (Washington), Federal

Director (Washington), Federal

Warden (Washington), Federal

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Mixed

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Preliminary relief granted

Issues

General:

Conditions of confinement

Sanitation / living conditions

COVID-19:

Contact tracing ordered

Mitigation Denied

Mitigation Granted

Mitigation Requested

PPE-ordered worn by staff

Social distancing ordered

Type of Facility:

Government-run