Case: Voltz-Loomis v. McMaster

5:20-cv-01533 | U.S. District Court for the District of South Carolina

Filed Date: April 21, 2020

Closed Date: Oct. 15, 2020

Clearinghouse coding complete

Case Summary

This is a case about the constitutionality of South Carolina’s failure to protect incarcerated people from the risks posed by the COVID-19 virus in its prisons. On April 21, 2020, the ACLU and a private law firm filed this lawsuit in the District of South Carolina on behalf of all people housed in a South Carolina Department of Corrections prison during the duration of the COVID-19 pandemic. Protection & Advocacy for People with Disabilities joined the lawsuit as a plaintiff on behalf of incarc…

This is a case about the constitutionality of South Carolina’s failure to protect incarcerated people from the risks posed by the COVID-19 virus in its prisons. On April 21, 2020, the ACLU and a private law firm filed this lawsuit in the District of South Carolina on behalf of all people housed in a South Carolina Department of Corrections prison during the duration of the COVID-19 pandemic. Protection & Advocacy for People with Disabilities joined the lawsuit as a plaintiff on behalf of incarcerated people with disabilities. They sued the governor, the Director of the SCDC, and members of the South Carolina Board of Pardons and Paroles for habeas relief under 28 U.S.C. § 2254. The plaintiffs sought declaratory and injunctive relief, including the immediate release of certain subclasses of incarcerated people (those age 50 or older, those with serious underlying medical conditions, those with developmental disabilities or mental conditions, those within six months of their anticipated release date, those eligible for parole and disciplinary free for the past year, and those in custody for technical violations of parole or probation) as well as a plan from the SCDC regarding COVID-19 mitigation policies. The plaintiffs alleged the SCDC’s current COVID-19 policies on social distancing and screening did not ensure the safety of those incarcerated in their prisons and violated the Eighth Amendment. The case was assigned to Judge Donald C. Coggins, Jr.

Over the course of the litigation many pro se plaintiffs moved to join the litigation. On May 4, 2020, a pro se plaintiff at risk of incarceration filed a motion to intervene in the case. The court denied the motion on May 6, 2020 and subsequently denied a motion to reconsider on May 26, 2020. After appealing on May 28, 2020, the Fourth Circuit upheld the district court’s denial of the motion to intervene on July 13, 2021. 860 Fed. App’x. 293. Many other pro se plaintiffs filed motions for joinder, which the court dismissed both because they should have been formatted as motions to intervene and because any interest they had in the litigation could be represented by the parties.

On May 8, 2020, the defendants filed motions to dismiss for failure to state a claim. On May 25, 2020, Judge Coggins issued an order finding that because “[r]esolution of the pending motions may result in dismissal of some or all claims and may necessitate the filing of amended pleadings” which would delay proceedings, he would order an early mediation scheduled for June 17, 2020 with Magistrate Judge Shiva V. Hodges.

On July 7, 2020, the plaintiffs filed a notice of voluntary dismissal. Judge Coggins issued an order dismissing the case without prejudice with the right of either party within 60 days to reinstate the action if a settlement was not consummated. On September 8, 2020, Judge Coggins granted the plaintiffs’ request for an extension of this period for 30 days to finalize a settlement. When plaintiffs requested a second extension of time on October 6, 2020, the defendants opposed the motion. On October 8, 2020, Judge Coggins issued a final extension of time for one week until October 15, 2020. His order noted that it appeared “[p]etitioners have not provided a valid, legal basis for reopening this case and that [p]etitioners are not entitled to an ongoing, unlimited review of [r]espondents' work,” however “it also appears that counsel in this action have been working together to shape [r]espondents' response to the threat posed by Covid-19.” For that reason, he extended the time for settlement until October 15, 2020 "to allow [p]etitioners to review and provide constructive comments of [r]espondents' proposed policy.” It appears that settlement conversations happened throughout July and into October. However, the parties never formalized an official settlement agreement based on the information that is publicly available.

It appears the case is closed based on what is publicly available, as the time to reinstitute the action has passed and all appeals have closed.

Summary Authors

Kathryn Hurley (3/11/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17092901/parties/voltz-loomis-v-mcmaster/


Judge(s)

Coggins, Donald Cecil (South Carolina)

Expert/Monitor/Master/Other

Assa'ad-Faltas, Marie (South Carolina)

Dunn, Susan King (South Carolina)

Hansotia, Shirene Carole (South Carolina)

Holmes, Janet Brooks (South Carolina)

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Documents in the Clearinghouse

Document
1

5:20-cv-01533

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

April 21, 2020

April 21, 2020

Other
159

5:20-cv-01533

Appellate Opinion

July 13, 2021

July 13, 2021

Order/Opinion

860 Fed.Appx. 860

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17092901/voltz-loomis-v-mcmaster/

Last updated Feb. 26, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

PETITION for Writ of Habeas Corpus ( Filing fee $ 400.00 Receipt number 0420-9063645.), filed by Denise Edgar, Protection & Advocacy for People with Disabilities Inc, Jeanne Voltz-Loomis, Allen Slaughter, Gay Opel Stanley, John Does 1 through 10, Jane Roes 1 through 10, Gary Zachariah Thomas, Brandon Moore, Brison Akeem Allison. (Attachments: # 1 Exhibit 1 - Declaration of Dr. Jonathan Golob, # 2 Exhibit 1 Attachment A - CV of Dr. Golob, # 3 Exhibit 2 - Declaration of Dr. Jaimie Meyer, # 4 Exhibit 2 Attachment A - CV of Dr. Meyer, # 5 Exhibit 3 - Inmate Search for Voltz-Loomis, # 6 Exhibit 4 - Declaration of Patrick Nelson Brooks, # 7 Exhibit 5 - Inmate Search for Gary Thomas, # 8 Exhibit 6 - Inmate Search for Denise Edgar, # 9 Exhibit 7 - Inmate Search for Brandon Moore, # 10 Exhibit 8 - Declaration of Shirene Hansotia, # 11 Exhibit 9 - Inmate Search for Allen Slaughter, # 12 Exhibit 10 - Inmate Search for Gay Stanley, # 13 Exhibit 11 - Inmate Search for Brison Allison, # 14 Exhibit 12 - Declaration of Dr. Marc Stern, # 15 Exhibit 12 Attachment A - CV of Dr. Stern)(prou, ) (Entered: 04/22/2020)

6

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April 21, 2020

April 21, 2020

Clearinghouse
3

Local Rule 26.01 Answers to Interrogatories by Brison Akeem Allison, John Does 1 through 10, Denise Edgar, Brandon Moore, Protection & Advocacy for People with Disabilities Inc, Jane Roes 1 through 10, Allen Slaughter, Gay Opel Stanley, Gary Zachariah Thomas, Jeanne Voltz-Loomis.(prou, ) (Entered: 04/22/2020)

April 21, 2020

April 21, 2020

PACER
4

Summons Issued as to Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Henry McMaster, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. (prou, ) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
7

MOTION to Appear Pro Hac Vice by Jonathan Hughes ( Filing fee $ 250 receipt number 0420-9067646) by Jeanne Voltz-Loomis. Response to Motion due by 5/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents Application of Jonathan Hughes, # 2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Kaymani D West.(Dunn, Susan) (Attachment 1 replaced on 4/24/2020) (prou, ). Modified on 4/24/2020 to replace with corrected document provided by filing user (prou, ). (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER
8

TEXT ORDER granting 7 Motion to Appear Pro Hac Vice for Jonathan Hughes. Signed by Magistrate Judge Kaymani D West on 4/24/2020.(prou, ) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
9

MOTION to Expedite by Jeanne Voltz-Loomis. Response to Motion due by 5/8/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Dunn, Susan) (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

RECAP
10

TEXT ORDER directing Plaintiffs to file a status report by close of business today indicating whether the filings in this case have been served on Defendants. Additionally, the status report should indicate the attorney(s) representing Defendants, if Plaintiffs are aware of that information. Signed by Honorable Donald C Coggins, Jr on 4/27/2020. (hcic, ) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
11

STATUS REPORT by Jeanne Voltz-Loomis. (Attachments: # 1 Certificate of Service Acceptance of service for Pardon and Parole Board and Board members)(Dunn, Susan) (Entered: 04/27/2020)

April 27, 2020

April 27, 2020

PACER
12

NOTICE of Appearance by Daniel R Settana, Jr on behalf of Bryan Stirling (Settana, Daniel) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
13

NOTICE of Appearance by Janet Brooks Holmes on behalf of Bryan Stirling (Holmes, Janet) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
14

ORDER: Petitioners' Motion to Expedite, ECF No. 9, is GRANTED. Petitioners are directed to serve this Order on Respondents or their counsel and file a Certificate of Service no later than 5:00 p.m. on April 28, 2020. Respondents are directed to file a responsive pleading no later than Wednesday, May 6, 2020, at 5:00 p.m. Respondents are directed to respond to interrogatories no later than Wednesday, May 6, 2020, at 5:00 p.m. Signed by Honorable Donald C Coggins, Jr on 4/28/2020.(prou, ) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

RECAP
16

NOTICE of Appearance by Daniel R Settana, Jr on behalf of Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Mollie Dupriest Taylor (Settana, Daniel) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
17

NOTICE of Appearance by Janet Brooks Holmes on behalf of Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Mollie Dupriest Taylor (Holmes, Janet) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
18

CERTIFICATE OF SERVICE by Jeanne Voltz-Loomis re 14 Order on Motion to Expedite (Dunn, Susan) . Modified on 4/29/2020 to replace with corrected document provided by filing user (prou, ). (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
19

NOTICE of Appearance by Thomas Ashley Limehouse, Jr on behalf of Henry McMaster (Limehouse, Thomas) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
20

Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(Limehouse, Thomas) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
21

NOTICE of Appearance by Vordman Carlisle Traywick on behalf of Henry McMaster (Traywick, Vordman) (Entered: 04/30/2020)

April 30, 2020

April 30, 2020

PACER
23

EMERGENCY MOTION to Intervene by Marie Assa'ad-Faltas. Response to Motion due by 5/18/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - February 6, 2007 Transcript of Oral Arguments before SC Court of Appeals, # 2 Exhibit 2 - City of Columbia v. Faltas Court of Appeals Opinion, # 3 Exhibit 3 - Photo, # 4 Exhibit 4 - Photo, # 5 Exhibit 5 - Photo, # 6 Exhibit 6 - Photo, # 7 Exhibit 7 - Photo, # 8 Exhibit 8 - Photo, # 9 Exhibit 9 - Photo, # 10 Exhibit 10 - Photo, # 11 Exhibit 11 - Photo, # 12 Exhibit 12 - Photo, # 13 Exhibit 13 - Photo, # 14 Exhibit 14 - Photo, # 15 Exhibit 15 - Photo, # 16 Exhibit 16 - Photo, # 17 Exhibit 17 - Photo, # 18 Exhibit 18 - Photo of Injury to Dr. Assa'ad-Faltas due to 7-8-2010 False Arrest, # 19 Exhibit 19 - Email 3-3-20 Shearouse's Response to Dr. Assa'ad-Faltas' early alert, # 20 Exhibit 20 - Shearouse's Response to Dr. Assa'ad-Faltas' alert)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 05/04/2020)

1 Exhibit 1 - February 6, 2007 Transcript of Oral Arguments before SC Court of App

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2 Exhibit 2 - City of Columbia v. Faltas Court of Appeals Opinion

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3 Exhibit 3 - Photo

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4 Exhibit 4 - Photo

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5 Exhibit 5 - Photo

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6 Exhibit 6 - Photo

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7 Exhibit 7 - Photo

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8 Exhibit 8 - Photo

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9 Exhibit 9 - Photo

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10 Exhibit 10 - Photo

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11 Exhibit 11 - Photo

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12 Exhibit 12 - Photo

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13 Exhibit 13 - Photo

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14 Exhibit 14 - Photo

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15 Exhibit 15 - Photo

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16 Exhibit 16 - Photo

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17 Exhibit 17 - Photo

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18 Exhibit 18 - Photo of Injury to Dr. Assa'ad-Faltas due to 7-8-2010 False Ar

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19 Exhibit 19 - Email 3-3-20 Shearouse's Response to Dr. Assa'ad-Faltas&#

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20 Exhibit 20 - Shearouse's Response to Dr. Assa'ad-Faltas' alert

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May 4, 2020

May 4, 2020

RECAP
24

Joint MOTION for Extension of Time to File Response/Reply as to 14 Order on Motion to Expedite,, seeking modest 48-hour extension, Petitioners do not oppose by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Henry McMaster, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. Response to Motion due by 5/19/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Holmes, Janet) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

RECAP
25

TEXT ORDER granting 24 Motion for Extension of Time to File. Signed by Honorable Donald C Coggins, Jr on 5/5/2020.(prou, ) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
26

MOTION to Dismiss by Brison Akeem Allison, John Does 1 through 10, Denise Edgar, Brandon Moore, Protection & Advocacy for People with Disabilities Inc, Jane Roes 1 through 10, Allen Slaughter, Gay Opel Stanley, Gary Zachariah Thomas, Jeanne Voltz-Loomis. Response to Motion due by 5/19/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit Supplemental declaration of Hansotia)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Dunn, Susan) (Entered: 05/05/2020)

1 Exhibit Supplemental declaration of Hansotia

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May 5, 2020

May 5, 2020

PACER
27

MOTION for Temporary Restraining Order by Marie Assa'ad-Faltas. Response to Motion due by 5/19/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Transcript of Record for December 1, 2009 Discovery Hearing, # 2 Exhibit 2 - Dr. Assa'ad-Faltas' Hearing Exhibit 8)No proposed order.Motions referred to Kaymani D West.(prou, ) (Additional attachment(s) added on 5/6/2020: # 3 Envelope 3 - Faltas v. Steele Transcript of Record Hearing with Highlights, # 4 Exhibit 4 - Order for Preliminary Injunction, # 5 Exhibit 5 - Court of General Sessions Partial Transcript of Record February 23, 2010, # 6 Exhibit 6 - Court of General Sessions Partial Transcript of Record February 23-25, 2010, # 7 Exhibit 7 - Court of General Sessions Partial Transcript of Record February 26, 2010) (prou, ). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
28

ORDER: While no order is required, the court notes and accepts the Petitioners 26 voluntary dismissal without prejudice of all relief requested on behalf of Petitioner Moore. Accordingly, Petitioner Moore is dismissed as a Petitioner in this action. Signed by Honorable Donald C Coggins, Jr on 5/6/2020.(prou, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
30

ORDER denying 23 Motion to Intervene. As Faltas is not being permitted to intervene the court need not consider her request that the two classes she proposes be certified or that counsel be appointed for her. Signed by Magistrate Judge Kaymani D West on 5/6/2020.(prou, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
31

TEXT ORDER: As Faltas's 23 Motion to Intervene in this action has been denied, her 27 Emergency Motion for a Temporary Restraining Order is DENIED AS MOOT. To the extent Faltas's Motion seeks assignment to the "Presiding Article III Judge," the Court notes that Faltas's motions are assigned in accordance with federal law, including federal statutes, Federal Rules of Civil Procedure, and the Local Civil Rules of this Court. Finally, regarding Faltas's "Renewed Motion for Electronic Filing and Receiving," the Standing Order regarding District Clerk's Office Operations in Response to COVID-19 temporarily permits pro se litigants such as Faltas to submit documents in PDF format to pro-se- filings@scd.uscourts.gov. See Standing Order, No. 3:20-mc-00122-RBH (March 31, 2020), available at www.scd.uscourts.gov. Signed by Honorable Donald C Coggins, Jr on 5/6/2020. (mcot, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
32

***DOCUMENT MAILED: 30 Order on Motion to Intervene, 31 Text Order on Motion for TRO w/NEFs placed in U.S. Mail from Florence Clerks Office to Marie Assa'ad-Faltas, PO Box 9115, Columbia, SC 29290. (mcot, ) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
33

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Marie Assa'ad-Faltas re 30 Order on Motion to Intervene. (prou, ) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER
34

ORDER: The Court finds that the Magistrate Judge's order is not clearly erroneous or contrary to law. Accordingly, Dr. Faltas's Appeal, ECF No. 33, is DENIED. IT IS SO ORDERED. Signed by Honorable Donald C Coggins, Jr on 5/8/2020. (prou, ) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
35

***DOCUMENT MAILED: 34 Order w/NEF, placed in U.S. Mail from Florence Clerks Office to Marie Assa'ad-Faltas, PO Box 9115, Columbia, SC 29290 (dsto, ) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
36

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Henry McMaster. Response to Motion due by 5/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Traywick, Vordman) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
37

ANSWER to Interrogatories by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. (Attachments: # 1 Exhibit Exhibit A- SCDC COVID-19 Action Plan from SCDC Website, # 2 Exhibit Exhibit B- SCDC COVID 19 Updates from Webpage, # 3 Exhibit Exhibit C- COVID-19_FAQs_4-24, # 4 Exhibit Exhibit D- SCDC Agency Directives (Wardens), # 5 Exhibit Exhibit E- Essential Staff that Lives out of State, # 6 Exhibit Exhibit F-COVID-19 Screening SOP, # 7 Exhibit Exhibit G- SOP Employee Assistance COVID-19 Call Team Visual Instructions, # 8 Exhibit Exhibit H- SOP Employee Assistance COVID-19 Call Team Instructions, # 9 Exhibit Exhibit I- COVID19 Medical Staff SOP, # 10 Exhibit Exhibit J- COVID-19 Telehealth Virtual Care Providers, # 11 Exhibit Exhibit K- Quarantine Travel List, # 12 Exhibit Exhibit L- 2nd Face Coverings Issued., # 13 Exhibit Exhibit M- Procedure to Sanitize Inmate COVID-19 Face Masks, # 14 Exhibit Exhibit N- PPE for Front Gate Staff, # 15 Exhibit Exhibit O- PPE Guidelines for SCDC Staff from 4.6.2020, # 16 Exhibit Exhibit P- Extended and Reuse of PPE 4.6.20, # 17 Exhibit Exhibit Q- SCDC PPE Guidelines 4.13.2020, # 18 Exhibit Exhibit R- Teacher Access, # 19 Exhibit Exhibit S- Remote Inmate Educational Classes, # 20 Exhibit Exhibit T- Coping Skills for Inmates, # 21 Exhibit Exhibit U- Employee Receipt of Masks, # 22 Exhibit Exhibit V- Copy of Inmates in SCDC Custody - May 5 2020 in Alphabetical Order, # 23 Exhibit Exhibit W- Summary of Institutional Counts - Midnight May 4 2020, # 24 Exhibit Exhibit X- SCDC Screening Guideline., # 25 Exhibit Exhibit Y- COVID-19 Procedures for Quarantine Unit, # 26 Exhibit Exhibit Z- INMATE HEALTH SCREENING FORM, # 27 Exhibit Exhibit AA- COVID-19 Positive Letter to Families, # 28 Exhibit Exhibit BB- Declaration of Terre Marshall, # 29 Exhibit Exhibit CC- SCDC Staff by Location- May 3, 2020, # 30 Exhibit Exhibit DD- April 30,2020--CDC Criteria for Return to Work, # 31 Exhibit Exhibit EE- -May 3, 2020-- CDC Symptom-Based Strategy to Discontinue Isolation for Persons with COVID-19, # 32 Exhibit Exhibit FF- Inmates Over 50 - May 5 2020, # 33 Exhibit Exhibit GG- OP 21.04 Medical Furlough.Medical Parole, # 34 Exhibit Exhibit HH- Draft revision of OP-21.04 Inmate Classification Plan, # 35 Exhibit Exhibit II- SCDC Diagnosis Codes, # 36 Exhibit Exhibit KK- Declaration of Matthew Buchanan., # 37 Exhibit Exhibit LL- Quarantine List as of 2020 05 01, # 38 Exhibit Exhibit MM- Declaration Daniel Mullins, # 39 Exhibit Exhibit NN- Affidavit of Kensey Evans, # 40 Exhibit Exhibit OO- Affidavit of Melanie Davis, # 41 Exhibit Exhibit PP- Affidavit of Dr. April Clarke, M.D, # 42 Exhibit Exhibit QQ- Virtual Parole Examinations Plan)(Holmes, Janet) (Entered: 05/08/2020)

1 Exhibit Exhibit A- SCDC COVID-19 Action Plan from SCDC Website

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2 Exhibit Exhibit B- SCDC COVID 19 Updates from Webpage

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3 Exhibit Exhibit C- COVID-19_FAQs_4-24

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4 Exhibit Exhibit D- SCDC Agency Directives (Wardens)

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5 Exhibit Exhibit E- Essential Staff that Lives out of State

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6 Exhibit Exhibit F-COVID-19 Screening SOP

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7 Exhibit Exhibit G- SOP Employee Assistance COVID-19 Call Team Visual Instruction

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8 Exhibit Exhibit H- SOP Employee Assistance COVID-19 Call Team Instructions

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9 Exhibit Exhibit I- COVID19 Medical Staff SOP

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10 Exhibit Exhibit J- COVID-19 Telehealth Virtual Care Providers

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11 Exhibit Exhibit K- Quarantine Travel List

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12 Exhibit Exhibit L- 2nd Face Coverings Issued.

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13 Exhibit Exhibit M- Procedure to Sanitize Inmate COVID-19 Face Masks

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14 Exhibit Exhibit N- PPE for Front Gate Staff

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15 Exhibit Exhibit O- PPE Guidelines for SCDC Staff from 4.6.2020

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16 Exhibit Exhibit P- Extended and Reuse of PPE 4.6.20

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17 Exhibit Exhibit Q- SCDC PPE Guidelines 4.13.2020

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18 Exhibit Exhibit R- Teacher Access

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19 Exhibit Exhibit S- Remote Inmate Educational Classes

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20 Exhibit Exhibit T- Coping Skills for Inmates

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21 Exhibit Exhibit U- Employee Receipt of Masks

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22 Exhibit Exhibit V- Copy of Inmates in SCDC Custody - May 5 2020 in Alphabetical

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23 Exhibit Exhibit W- Summary of Institutional Counts - Midnight May 4 2020

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24 Exhibit Exhibit X- SCDC Screening Guideline.

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25 Exhibit Exhibit Y- COVID-19 Procedures for Quarantine Unit

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26 Exhibit Exhibit Z- INMATE HEALTH SCREENING FORM

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27 Exhibit Exhibit AA- COVID-19 Positive Letter to Families

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28 Exhibit Exhibit BB- Declaration of Terre Marshall

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29 Exhibit Exhibit CC- SCDC Staff by Location- May 3, 2020

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30 Exhibit Exhibit DD- April 30,2020--CDC Criteria for Return to Work

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31 Exhibit Exhibit EE- -May 3, 2020-- CDC Symptom-Based Strategy to Discontinue Iso

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32 Exhibit Exhibit FF- Inmates Over 50 - May 5 2020

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33 Exhibit Exhibit GG- OP 21.04 Medical Furlough.Medical Parole

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34 Exhibit Exhibit HH- Draft revision of OP-21.04 Inmate Classification Plan

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35 Exhibit Exhibit II- SCDC Diagnosis Codes

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36 Exhibit Exhibit KK- Declaration of Matthew Buchanan.

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37 Exhibit Exhibit LL- Quarantine List as of 2020 05 01

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38 Exhibit Exhibit MM- Declaration Daniel Mullins

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39 Exhibit Exhibit NN- Affidavit of Kensey Evans

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40 Exhibit Exhibit OO- Affidavit of Melanie Davis

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41 Exhibit Exhibit PP- Affidavit of Dr. April Clarke, M.D

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42 Exhibit Exhibit QQ- Virtual Parole Examinations Plan

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May 8, 2020

May 8, 2020

PACER
38

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. Response to Motion due by 5/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Holmes, Janet) Modified on 5/11/2020; see document # 40 for additional attachment (prou, ). Modified on 5/12/2020; see document # 49 for additional attachment (prou, ). (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
39

Consent MOTION for Extension of Time by 30 minutes, with Consent of Petitioner by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. Response to Motion due by 5/22/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Holmes, Janet) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
45

REPLY by Marie Assa'ad-Faltas to 34 Order. (prou, ) Modified on 5/11/2020; see document # 46 for Supplement (prou, ). (Entered: 05/11/2020)

May 8, 2020

May 8, 2020

PACER
40

Additional Attachments to Main Document 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . First attachment description: Suplemental Memorandum . (Holmes, Janet) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
41

MOTION for Leave to File Supplemental Memorandum to ECF 38 by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. Response to Motion due by 5/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Kaymani D West.(Holmes, Janet) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
42

TEXT ORDER granting 39 Motion for Extension of Time as set out. Signed by Honorable Donald C Coggins, Jr on 5/11/20.(alew, ) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
43

DELETION OF DOCKET ENTRY NUMBER #37 Reason: Discovery is not filed. Discovery is exchanged between the parties only. (prou, ) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
46

SUPPLEMENT by Marie Assa'ad-Faltas to 45 Reply. (Attachments: # 1 Exhibit 1 - Order of Final Judgment, # 2 Exhibit 2 - Joint Stipulation of Settlement, # 3 Exhibit 3 - Letter from David L. Hatcher)(prou, ) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
47

TEXT ORDER granting 41 Motion for Leave to File. Signed by Honorable Donald C Coggins, Jr on 5/11/2020.(prou, ) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
48

RESPONSE to Discovery Request from the Court by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. (Attachments: # 1 Exhibit A- SCDC COVID-19 Action Plan from SCDC Website, # 2 Exhibit B- SCDC COVID 19 Updates from Webpage, # 3 Exhibit C- COVID-19_FAQs_4-24, # 4 Exhibit D- SCDC Agency Directives (Wardens), # 5 Exhibit E- Essential Staff that Lives out of State, # 6 Exhibit F-COVID-19 Screening SOP, # 7 Exhibit G- SOP Employee Assistance COVID-19 Call Team Visual Instruction, # 8 Exhibit H- SOP Employee Assistance COVID-19 Call Team Instructions, # 9 Exhibit I- COVID19 Medical Staff SOP, # 10 Exhibit J- COVID-19 Telehealth Virtual Care Providers, # 11 Exhibit K- Quarantine Travel List, # 12 Exhibit L- 2nd Face Coverings Issued, # 13 Exhibit M- Procedure to Sanitize Inmate COVID-19 Face Masks, # 14 Exhibit N- PPE for Front Gate Staff, # 15 Exhibit O- PPE Guidelines for SCDC Staff from 4.6.2020, # 16 Exhibit P- Extended and Reuse of PPE 4.6.20, # 17 Exhibit Q- SCDC PPE Guidelines 4.13.2020, # 18 Exhibit R- Teacher Access, # 19 Exhibit S- Remote Inmate Educational Classes, # 20 Exhibit T- Coping Skills for Inmates, # 21 Exhibit U- Employee Receipt of Masks, # 22 Exhibit V- Copy of Inmates in SCDC Custody - May 5 2020 in Alphabetical, # 23 Exhibit W- Summary of Institutional Counts - Midnight May 4 2020, # 24 Exhibit X- SCDC Screening Guideline, # 25 Exhibit Y- COVID-19 Procedures for Quarantine Unit, # 26 Exhibit Z- INMATE HEALTH SCREENING FORM, # 27 Exhibit AA- COVID-19 Positive Letter to Families, # 28 Affidavit BB- Declaration of Terre Marshall, # 29 Exhibit CC- SCDC Staff by Location- May 3, 2020, # 30 Exhibit DD- April 30,2020--CDC Criteria for Return to Work, # 31 Exhibit EE- -May 3, 2020-- CDC Symptom-Based Strategy to Discontinue Isolation, # 32 Exhibit FF- Inmates Over 50 - May 5 2020, # 33 Exhibit GG- OP 21.04 Medical Furlough.Medical Parole, # 34 Exhibit HH- Draft revision of OP-21.04 Inmate Classification Plan, # 35 Exhibit II- SCDC Diagnosis Codes re broadly characterized conditions, # 36 Affidavit KK- Declaration of Matthew Buchanan, # 37 Exhibit LL- Quarantine List as of 2020 05 01, # 38 Affidavit MM- Declaration of Daniel Mullins, # 39 Affidavit NN- Declaration of Kensey Evans, # 40 Affidavit OO- Declaration of Melanie Davis, # 41 Affidavit PP- Declaration of Dr. April Clarke, M.D, # 42 Exhibit QQ- Virtual Parole Examinations Plan)(Holmes, Janet). Modified on 5/12/2020 to remove double headers from main document (prou, ). Modified on 5/27/2020; see document # 59 for additional attachments (prou, ). (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
49

Additional Attachments to Main Document 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . First attachment description: Supplemental Memorandum to ECF 38 referencing correct entries for re-filed Responses to Discovery Requests-now ECF 48 . (Holmes, Janet) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

PACER
51

RESPONSE in Opposition re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Brison Akeem Allison, John Does 1 through 10, Denise Edgar, Brandon Moore, Protection & Advocacy for People with Disabilities Inc, Jane Roes 1 through 10, Allen Slaughter, Gay Opel Stanley, Gary Zachariah Thomas, Jeanne Voltz-Loomis.Reply to Response to Motion due by 5/22/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Supporting Documents Wilsonv. Williams, No. 20-3447 Slip opinion, # 2 Affidavit Supplemental declaration of Hansotia, # 3 Affidavit Supplemental declaration of Meyer (Expert), # 4 Exhibit Exh. A To Meyer declaration Chart of SCDC facilities, # 5 Exhibit Exh. B to Meyer declaration SCDC Chart of high risk inmates, # 6 Affidavit Declaration of Feitel as to charts, # 7 Exhibit Exh. 1 to Feitel Declaration Inmates over 65, # 8 Exhibit Exh. 2 to Feitel declaration Inmates eligible for parole, # 9 Exhibit Exh. 3 to Feitel declaration Inmates within 6 months of release)(Dunn, Susan) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
52

MOTION for Reconsideration re 34 Order, by Marie Assa'ad-Faltas. Response to Motion due by 6/1/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit 1 - Email from Justice Beatty, # 2 Exhibit 2 - SC Circuit Judge Beatty's Action on Lupton's Bench Warrant Requests, # 3 Exhibit 3 - SC Circuit Judge Beatty's Administrative Order, # 4 Exhibit 4 - Amended Complaint 2009-CP-40-02219, # 5 Exhibit 5 - SC Circuit Court Judge Childs' Order, # 6 Exhibit 6 - Dr. Assa'ad-Faltas' False Accusers False Complaint to DHEC, # 7 Exhibit 7 - John Ansell's Business Card, # 8 Exhibit 8 - Dr. Assa'ad-Faltas' Filed in CMC and SCOCA, # 9 Exhibit 9 - SC Chief Justice Toal's Order, # 10 Exhibit 10 - Lupton Forwards to Assa'ad-Faltas - The City Needs a Conviction Email, # 11 Exhibit 11 - Emails, # 12 Exhibit 12 - Emails, # 13 Exhibit 13 - Emails, # 14 Exhibit 14 - Emails, # 15 Exhibit 15 - Emails, # 16 Exhibit 16 - Emails, # 17 Exhibit 17 - Emails, # 18 Exhibit 18 - SC Supreme Court Order, # 19 Exhibit 19 - List of 424 Ordered in Categories, # 20 Exhibit 20 - Statistical Study DIG's in SC's Appellate Courts, # 21 Exhibit 21 - PCR's - MO's, UP's and Opinions, # 22 Exhibit 22 - PCR's, 15 PP MO's, UP's and Opinions, # 23 Exhibit 23 - Lance Austin Williams 2017-001877 Case View)No proposed order.Motions referred to Kaymani D West.(prou, ) Modified on 5/26/2020; see document # 56 for Supplement (prou, ). (Entered: 05/19/2020)

May 18, 2020

May 18, 2020

PACER
53

REPLY to Response to Motion re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Henry McMaster. (Limehouse, Thomas) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
54

REPLY to Response to Motion re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. (Attachments: # 1 Exhibit A - Stirling Letter, # 2 Exhibit B - Pre-Intake Screening Form Revised, # 3 Exhibit C - Continuity of Care from Detention Center or Jail to SCDC, # 4 Exhibit D - SCDC Update re temporary R and E Center)(Holmes, Janet) (Entered: 05/23/2020)

May 23, 2020

May 23, 2020

PACER
55

TEXT ORDER: The Court has reviewed the dispositive motions filed by the Defendants, as well as the responses and replies. Resolution of the pending Motions may result in dismissal of some or all claims and may necessitate the filing of amended pleadings. This may lead to an extended delay in resolving this case; therefore, the Court finds that it is appropriate for the parties to participate in an early mediation. A vast array of litigation has been filed related to COVID-19 and corrections facilities across the country, with varying results. However, the Court notes that the Commonwealth of Virginia reached a settlement in a case similar to the one at bar, and directs the parties' attention to Whorley v. Northam, No. 3:20-cv-00255 (E.D.V.A. 2020). Given the complexity and the importance of the issues in this case, the Court appoints Hon. Shiva V. Hodges, United States Magistrate Judge for the District of South Carolina, as the mediator. Judge Hodges will contact the parties to schedule a mediation, which should occur within the next 30 days. Signed by Honorable Donald C Coggins, Jr on 5/25/2020. (prou, ) (Entered: 05/26/2020)

May 25, 2020

May 25, 2020

PACER
56

SUPPLEMENT by Marie Assa'ad-Faltas to 52 MOTION for Reconsideration re 34 Order. (Attachments: # 1 Exhibit 1 - 2011-10-20 Summons 201310 Back, # 2 Exhibit 2 - 2011-10-20 Summons 201310 Front, # 3 Exhibit 3 - 2012-08-15 Letter from Hatcher-ocr, # 4 Exhibit 4 - 2016-03-08 City of Columbia Agent Michael O'Neill's Email to Dr. Assa'ad-Faltas, # 5 Exhibit 5 - 2020-05-22 Rehearing Denied, Unexplained in Assa'ad-Faltas v. State, # 6 Exhibit 6 - 2020-05-22 Remittitur in Assa'ad-Faltas, # 7 Exhibit 7 - 2019-10-31 Rehearing Denied in City of Laurens v. City of Fountain Inn, # 8 Exhibit 8 - 2019-12-11 Rehearing Denied in Ledford v. SC DPS, # 9 Exhibit 9 - 2020-01-15 Rehearing Denied Order in Winrose Homeowners' Association, # 10 Exhibit 10 - 2020-01-22 Rehearing Denied with Substitute Opinion in Skydive, # 11 Exhibit 11 - Rehearing Denied Order in Woods v. State, # 12 Exhibit 12 - 2020-02-03 Rehearing Denied Order in Paschal v. Lott, # 13 Exhibit 13 - 2020-02-19 Opinion Granting Rehearing in State v. Hardin, # 14 Exhibit 14 - 2020-03-12 Rehearing Denied Order in Rose v, SC Dept of Probation, Parole and Pardon, # 15 Exhibit 15 - 2020-03-12 Rehearing Denied in State v. Marquez Devon Glenn, # 16 Exhibit 16 - 2020-03-12 Rehearing Denied Order in State v. Aaron Scott Young, Jr., # 17 Exhibit 17 - 2020-04-01 Rehearing Denied Order in State v. Spears, # 18 Exhibit 18 - 2020-05-22 Rehearing Denied Order in State v. Simmons)(prou, ) (Entered: 05/26/2020)

May 25, 2020

May 25, 2020

PACER
57

TEXT ORDER denying 52 Motion to Reconsider. The Court fully addressed Dr. Assa'ad-Faltas's arguments in its 34 Order denying her Motion to Intervene. Motions to reconsider are not "opportunities to rehash issues already ruled upon because a litigant is displeased with the result." R.E. Goodson Constr. Co., Inc. v. Int'l Paper Co., No. 4:02-4184-RBH, 2006 WL 1677136, at *1 (D.S.C. June 14, 2006) (citing Tran v. Tran, 166 F. Supp. 2d 793, 798 (S.D.N.Y. 2001)). Dr. Assa'ad-Faltas is free to raise her claims in any lawsuit she initiates, and it appears she has already filed a proposed class action lawsuit related to COVID-19 and short term detention facilities. See Assa'ad-Faltas v. McMaster, No. 3:20-cv-01809-TLW-SVH (D.S.C. May 8, 2020). The Court cautions Dr. Assa'ad-Faltas that any further filings will result in sanctions, as she is not a party to this litigation. Signed by Honorable Donald C Coggins, Jr on 5/26/2020.(prou, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
58

***DOCUMENT MAILED: 57 TEXTOrder on Motion for Reconsideration, placed in U.S. Mail from Florence Clerks Office to Marie Assa'ad-Faltas, PO Box 9115, Columbia, SC 29290 (dsto, ) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
59

Additional Attachments to Main Document 48 Response to Discovery,,,,,,,,,,. First attachment description: Updated Responses to Interrogatories Nos. 3, 4, 5, 9, and 11. as of May 25, 2020. (Holmes, Janet) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
60

MOTION to Appear Pro Hac Vice by Daphne O'Connor ( Filing fee $ 250 receipt number 0420-9122826) by Brison Akeem Allison, John Does 1 through 10, Denise Edgar, Brandon Moore, Protection & Advocacy for People with Disabilities Inc, Jane Roes 1 through 10, Allen Slaughter, Gay Opel Stanley, Gary Zachariah Thomas, Jeanne Voltz-Loomis. Response to Motion due by 6/10/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Affidavit Application of O'Connor, # 2 Exhibit List of Bar Admissiobs, # 3 Exhibit Certificate if good standing)No proposed order.Motions referred to Kaymani D West.(Dunn, Susan) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
61

NOTICE of Hearing: Telephone Conference set for 6/4/2020 at 10:00 a.m. in chambers before Magistrate Judge Shiva V Hodges. Plaintiff's (petitioner's) counsel is directed to arrange and initiate the conference call at the specified time, conference in all other participating counsel and then connect to chambers at (803) 253-6431.(ttil, ) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
62

NOTICE of Hearing: Mediation Hearing set for 6/17/2020 at 10:00 a.m. before Magistrate Judge Shiva V Hodges. (ttil, ) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
63

TEXT ORDER granting 60 Motion to Appear Pro Hac Vice for Daphne O'Connor. Signed by Magistrate Judge Kaymani D West on 5/28/2020.(prou, ) (Entered: 05/28/2020)

May 28, 2020

May 28, 2020

PACER
64

NOTICE OF APPEAL as to 34 Order, 57 Text Order on Motion for Reconsideration, by Marie Assa'ad-Faltas. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Attachments: # 1 5-26-2020 Assa'ad-Faltas v. McMaster Report and Recommendation)(prou, ) (Entered: 05/29/2020)

May 28, 2020

May 28, 2020

PACER
65

Transmittal Sheet for Notice of Appeal to USCA re 64 Notice of Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (prou, ) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
66

***DOCUMENTS MAILED: 64 Notice of Appeal w/NEF, 65 Transmittal Sheet for Notice of Appeal to USCA w/NEF, placed in U.S. Mail from Florence Clerk's Office to Marie Assa'ad-Faltas, PO Box 9115, Columbia, SC 29290. (prou, ) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
67

ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 64 Notice of Appeal. Electronic record successfully transmitted. (prou, ) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
68

MOTION for Joinder by Carnie Norris. Response to Motion due by 6/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Letter from Carnie Norris, # 2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
70

ORDER of USCA as to 64 Notice of Appeal granting Motion to proceed in forma pauperis.(prou, ) (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
71

Minute Entry. Proceedings held before Magistrate Judge Shiva V Hodges: Telephone Conference held on 6/4/2020. The parties discussed issues re the mediation hearing scheduled 6/17/2020. Court Reporter: no court reporter. (ttil, ) (Entered: 06/04/2020)

June 4, 2020

June 4, 2020

PACER
72

RESPONSE in Opposition re 68 MOTION for Joinder Response filed by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor.Reply to Response to Motion due by 6/19/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Certificate of Service serving pro se prisoner)(Holmes, Janet) (Entered: 06/12/2020)

June 12, 2020

June 12, 2020

PACER
73

MOTION for Joinder by Bennie L Griffin. Response to Motion due by 6/29/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
74

TEXT ORDER denying 68 Motion for Joinder. Proposed Intervenor Carnie Norris seeks to "be joined in as a plaintiff in this cause of action because he is similarly situated just as the other plaintiffs in this action." ECF No. 68 at 2. Norris contends that he is a 59-year-old African American with a heart condition, low pulse, an enlarged prostate, dizzy spells, and a prior stroke. Id. at 2-3. Additionally, Norris states that is scheduled for a total hip replacement which increases his risk for exposure to COVID-19. Id. at 3. Norris states that a South Carolina Circuit Court Judge granted his application for post-conviction relief and that the State of South Carolina has appealed that order. Id Norris doesn't "think that it is fair that [he] could possibly be exposed to COVID-19 when [he] could be released to home confinement or Appeal Bond." Id. Several Respondents filed a consolidated Response in Opposition to Norris's Motion. ECF No. 72 . After reviewing the filings and the relevant law, the Court finds that, even liberally construed, Norris's Motion must be denied. Norris filed his Motion pursuant to Federal Rule of Civil Procedure 19; however, as Respondents point out, a motion for joinder under Rule 19 is only a proper motion for a party to file. Therefore, the Court liberally construes the Motion as a motion to intervene. The Court thoroughly set forth the standards for intervention of right and permissive intervention in its previous Order denying Dr. Marie Assa'ad-Faltas's Motion to Intervene. See ECF No. 34 . Applying those standards to this Motion, the Court finds that any interest Norris has in this litigation is adequately represented by existing parties to the litigation and that permitting intervention would unduly delay and prejudice the adjudication of the original parties' rights. Specifically, it appears Norris is likely a member of Subclasses 1 and 2 as he is over the age of 50 years old, claims to have serious medical issues, and claims to no disciplinary problems in "almost 12 years." ECF No. 68 at 3. In light of the upcoming mediation in this case and the thorough briefing that has occurred, the Court specifically finds that intervention would unduly delay adjudication of this case. Accordingly, the 68 Motion for Joinder is DENIED. Signed by Honorable Donald C Coggins, Jr on 6/15/2020.(prou, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
75

TEXT ORDER denying 73 Motion for Joinder. Proposed Intervenor Bennie Griffin seeks to be joined in this case "as a petitioner because he is similarly situated just as the other petitioners in this cause of action." ECF No. 73 at 2. Griffin contends that he is a 61-year-old African American with high blood pressure, cholesterol problems, and diabetes. Id. at 4. Griffin contends that his case is currently pending in the Supreme Court of South Carolina, and claims that "[i]t is not fair or healthy that [he] could possibly be exposed to COVID-19 when [he] could be released to home confinement or Appeal Bond." Id. at 5. After reviewing the Motion and the relevant law, the Court finds that, even liberally construed, Griffin's Motion must be denied. Griffin filed his Motion pursuant to Federal Rule of Civil Procedure 19; however, a motion for joinder under Rule 19 is only a proper motion for a party to file. Therefore, the Court liberally construes the Motion as a motion to intervene. The Court thoroughly set forth the standards for intervention of right and permissive intervention in its previous Order denying Dr. Marie Assa'ad-Faltas's Motion to Intervene. See ECF No. 34 . Applying those standards to this Motion, the Court finds that any interest Griffin has in this litigation is adequately represented by existing parties to the litigation and that permitting intervention would unduly delay and prejudice the adjudication of the original parties' rights. Specifically, it appears Griffin is likely a member of Subclasses 1 and/or 2 as he is over the age of 50 years old, claims to have serious medical issues, and claims to no disciplinary problems in several years. ECF No. 73 at 5. In light of the upcoming mediation in this case and the thorough briefing that has occurred, the Court specifically finds that intervention would unduly delay adjudication of this case. Accordingly, the 73 Motion for Joinder is DENIED. Signed by Honorable Donald C Coggins, Jr on 6/15/2020.(prou, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
78

***DOCUMENT MAILED 74 Order placed in U.S. Mail from Florence Clerk's Office to Carnie Norris #227226 Perry Correctional Institution 430 Oaklawn Rd Pelzer, SC 29669 (suro, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
79

***DOCUMENT MAILED 75 Order placed in U.S. Mail from Florence Clerk's Office to Bernie L Griffin #375591 Perry Correctional Institution 430 Oaklawn Road Pelzer, SC 29669 (suro, ) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
80

NOTICE of Appearance by Anna Maria Darwin on behalf of Protection & Advocacy for People with Disabilities Inc (Darwin, Anna) (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
81

MOTION for Joinder by Scotty M Brown. Response to Motion due by 6/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 06/17/2020)

June 16, 2020

June 16, 2020

PACER
82

NOTICE of Hearing: Status Conference set for Wednesday, 7/1/2020 10:00 AM in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Donald C Coggins Jr. Out of state counsel may appear by telephone or video. Please review Chief Judge Harwell's standing orders dated May 19, 2020, 3:20-mc-00175-RHB; 3:20-mc-00176-RBH, available on-the court website, prior to arriving for your scheduled hearing. In the event you wish to request additional accommodations, based on, for example, a serious underlying health condition, please contact Judge Coggins's chambers as soon as practicable. (alew, ) Modified on 6/18/2020 to edit text (alew, ). (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
84

MOTION for Joinder by Leon R Woodford. Response to Motion due by 7/7/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Certificate of Service, # 2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 06/24/2020)

June 23, 2020

June 23, 2020

PACER
85

REPLY to Response to Motion re 68 MOTION for Joinder. Response filed by Carnie Norris. (Attachments: # 1 Letter from Carnie Norris, # 2 Envelope)(prou, ) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
86

NOTICE of Appearance by Marshall Winn on behalf of Brison Akeem Allison, John Does 1 through 10, Denise Edgar, Brandon Moore, Protection & Advocacy for People with Disabilities Inc, Jane Roes 1 through 10, Allen Slaughter, Gay Opel Stanley, Gary Zachariah Thomas, Jeanne Voltz-Loomis (Winn, Marshall) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
87

CERTIFICATE OF SERVICE by Brison Akeem Allison, John Does 1 through 10, Denise Edgar, Brandon Moore, Protection & Advocacy for People with Disabilities Inc, Jane Roes 1 through 10, Allen Slaughter, Gay Opel Stanley, Gary Zachariah Thomas, Jeanne Voltz-Loomis re 86 Notice of Appearance, (Winn, Marshall) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
88

TEXT ORDER denying 81 Motion for Joinder. Proposed Intervenor Scotty Marice Brown seeks to be joined in this case because he has underlying health conditions which place him at risk for COVID-19 infection. Brown contends that he is a 43-year-old male who suffers from hypertension, extreme high blood pressure, diet deficiencies, and asthma. ECF No. 81 at 2. Brown requests that the Court order the South Carolina Department of Corrections to "show cause of why (sic) Mr. Brown should not be immediately released on furlough with/and (sic) home detention." Id.After reviewing the Motion and the relevant law, the Court finds that, even liberally construed, Brown's Motion must be denied. Brown filed his Motion pursuant to Federal Rule of Civil Procedure 19; however, a motion for joinder under Rule 19 is only a proper motion for a party to file. Therefore, the Court liberally construes the Motion as a motion to intervene. The Court thoroughly set forth the standards for intervention of right and permissive intervention in its previous Order denying Dr. Marie Assa'ad-Faltas's Motion to Intervene. See ECF No. 34 . Applying those standards to this Motion, the Court finds that any interest Brown has in this litigation is adequately represented by existing parties to the litigation and that permitting intervention would unduly delay and prejudice the adjudication of the original parties' rights. Specifically, it appears Brown is likely a member of Subclass 2 as he claims to have serious medical issues and no disciplinary sanctions. ECF No. 81 at 2. In light of the procedural posture of this case, the Court specifically finds that intervention would unduly delay adjudication of this case. Indeed, the amount of time the Court has spent addressing motions for joinder filed by inmates who are arguably members of at least one subclass of the Petition has already caused delay in addressing the merits of this case. Accordingly, the 81 Motion for Joinder is DENIED. Signed by Honorable Donald C Coggins, Jr on 6/24/20.(alew, ) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
89

TEXT ORDER denying 84 Motion for Joinder. Proposed Intervenor Leon R. Woodford seeks to be joined in this case because he is elderly and has significant underlying health issues. Woodford contends that he is a 71-year-old male who suffers from chronic hypertension, diet deficiencies, and allergies. ECF No. 84 at 3. Woodford is serving a sentence for murder and claims he is scheduled to appear before the Parole Board in March 2021. Id. Woodford requests that the Court order "the South Carolina Department of Corrections and the South Carolina Department of Parole, Pardons and Probation to show cause why Woodford should not be immediately released on parole." Id. at 6.After reviewing the Motion and the relevant law, the Court finds that, even liberally construed, Woodford's Motion must be denied. Woodford filed his Motion pursuant to Federal Rule of Civil Procedure 19; however, a motion for joinder under Rule 19 is only a proper motion for a party to file. Therefore, the Court liberally construes the Motion as a motion to intervene. The Court thoroughly set forth the standards for intervention of right and permissive intervention in its previous Order denying Dr. Marie Assa'ad-Faltas's Motion to Intervene. See ECF No. 34 . Applying those standards to this Motion, the Court finds that any interest Woodford has in this litigation is adequately represented by existing parties to the litigation and that permitting intervention would unduly delay and prejudice the adjudication of the original parties' rights. Specifically, it appears Woodford is likely a member of Subclasses 1 and 2, as he is over the age of 50 and claims to have serious underlying health issues. In light of the procedural posture of this case, the Court specifically finds that intervention would unduly delay adjudication of this case. Indeed, the amount of time the Court has spent addressing motions for joinder filed by inmates who are arguably members of at least one subclass of the Petition has already caused delay in addressing the merits of this case. Accordingly, the 84 Motion for Joinder is DENIED. Signed by Honorable Donald C Coggins, Jr on 6/24/20.(alew, ) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
90

***DOCUMENT MAILED 88 Order on Motion for Joinder, 89 Order on Motion for Joinder, placed in U.S. Mail from Greenville Clerks Office to Scotty M Brown #257869 Perry Correctonal Institution 430 Oaklawn Rd, Pelzer, SC 29669; Leon R Woodford #146586, Perry Correctional Institution, 430 Oaklawn Rd. Pelzer, SC 29669 (alew, ) (Entered: 06/24/2020)

June 24, 2020

June 24, 2020

PACER
92

MOTION for Joinder by Larry DuRant. Response to Motion due by 7/10/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
93

TEXT ORDER: The Court has received a number of Pro Se Motions for Joinder in this case. The parties are hereby notified that no response to these Motions is necessary unless otherwise ordered by the Court. Signed by Honorable Donald C Coggins, Jr on 6/26/20. (alew, ) (Entered: 06/26/2020)

June 26, 2020

June 26, 2020

PACER
94

MOTION for Joinder by Richard L Coleman. Response to Motion due by 7/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
95

MOTION for Joinder by Herbert Bell. Response to Motion due by 7/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents, # 2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
96

***DOCUMENT MAILED 93 Order, placed in U.S. Mail from Greenville Clerks Office to Larry Durant #138605, Perry Correctional Institution, 430 Oaklawn Rd., Pelzer, SC 29669. (alew, ) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
97

Minute Entry. The Court held a status conference to discuss the status of the Petition. The Court will hold in abeyance any rulings on the pending 36, 38 Motions to Dismiss until at least Friday, July 10, 2020. The parties are directed to continue discussions about a resolution of the case, keeping in mind the legal issues raised by the Court in its remarks. The Court reminds the parties that it is likely at least some claims will remain viable in this case going forward; therefore, this case is ripe for a resolution that does not require a ruling on dispositive motions, amendments to the pleadings, and extensive discovery. With the shared goals of protecting the state inmates in mind, the parties are directed to file a status report by Wednesday, July 8, 2020. Proceedings held before Honorable Donald C Coggins, Jr: Status Conference held on 7/1/2020. Court Reporter Michelle Becker. (fbos, ) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER
98

DELETION OF DOCKET ENTRY NUMBER 98 Reason: Per court reporter request (alew, ) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
99

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference Hearing held on 07-01-2020, before Judge Donald C. Coggins, Jr. Court Reporter/Transcriber Michele E. Becker, Telephone number/E-mail MicheleBecker.CRR@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 7/27/2020. Redacted Transcript Deadline set for 8/6/2020. Release of Transcript Restriction set for 10/5/2020. (mbec, ) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
100

MOTION for Joinder by Robert Earl Dillard. Response to Motion due by 7/20/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
101

NOTICE OF APPEAL as to 75 Text Order on Motion for Joinder, by Bennie Griffin. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Attachments: # 1 Envelope)(prou, ) (Entered: 07/07/2020)

July 6, 2020

July 6, 2020

PACER
102

Transmittal Sheet for Notice of Appeal to USCA re 101 Notice of Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (prou, ) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
103

***DOCUMENTS MAILED: 101 Notice of Appeal w/NEF, 102 Transmittal Sheet for Notice of Appeal to USCA w/NEF, placed in U.S. Mail from Florence Clerk's Office to Bennie Griffin, #375591, Perry Correctional Institution, 430 Oaklawn Rd, Pelzer, SC 29669. (prou, ) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
104

ASSEMBLED SUPPLEMENTAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 101 Notice of Appeal. Electronic record successfully transmitted. (prou, ) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
105

NOTICE of Voluntary Dismissal by Brison Akeem Allison, John Does 1 through 10, Denise Edgar, Brandon Moore, Protection & Advocacy for People with Disabilities Inc, Jane Roes 1 through 10, Allen Slaughter, Gay Opel Stanley, Gary Zachariah Thomas, Jeanne Voltz-Loomis (Dunn, Susan) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

RECAP
107

ORDER of USCA as to 64 Notice of Appeal, filed by Marie Assa'ad-Faltas. ORDER filed granting Motion to consolidate case in 20-6805. (prou, ) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
109

STATUS REPORT Joint Status Report of all Parties by Dan Batson, Henry S Eldridge, Kim Frederick, Christopher F Gibbs, Lonnie Randolph, South Carolina Board of Pardons and Paroles, Bryan Stirling, Mollie Dupriest Taylor. (Holmes, Janet) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

PACER
111

MOTION for Joinder by Sheldon Watson. Response to Motion due by 7/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
112

MOTION for Joinder by Patrick Walker. Response to Motion due by 7/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
113

ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Donald C Coggins, Jr on 7/9/10. (alew, ) (Entered: 07/09/2020)

July 9, 2020

July 9, 2020

PACER
115

MOTION for Reconsideration re 74 Text Order on Motion for Joinder, by Carnie Norris. Response to Motion due by 7/23/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Supporting Documents, # 2 Envelope)No proposed order.(prou, ) (Entered: 07/10/2020)

July 9, 2020

July 9, 2020

PACER
116

TEXT ORDER denying 115 Motion for Reconsideration as moot in light of the parties agreement to jointly dismiss this case. Signed by Honorable Donald C Coggins, Jr on 7/10/20.(alew, ) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
117

***DOCUMENT MAILED 116 Order on Motion for Reconsideration placed in U.S. Mail from Greenville Clerks Office to Carnie Norris #227226 Perry Correctional Institution 430 Oaklawn Rd Pelzer, SC 29669 (alew, ) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 21, 2020

Closing Date: Oct. 15, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are a putative class comprised of all people housed in a SCDC prison during the duration of the COVID-19 pandemic.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

South Carolina Board of Pardons and Paroles, State

South Carolina Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Available Documents:

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Deinstitutionalization/decarceration

Sanitation / living conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Habeas Corpus

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Requested

Population-Medically vulnerable

Release Requested

Type of Facility:

Government-run