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Case Name Maney v. Brown PC-OR-0016
Docket / Court 6:20-cv-00570 ( D. Or. )
State/Territory Oregon
Case Type(s) Prison Conditions
Special Collection COVID-19 (novel coronavirus)
Case Summary
COVID-19 Summary: This is a class-action lawsuit filed by prisoners held by the Oregon Department of Corrections who have underlying medical conditions or are otherwise highly susceptible to harm from the virus. They sought injunctive relief requiring the defendants to provide adequate COVID-19 ... read more >
COVID-19 Summary: This is a class-action lawsuit filed by prisoners held by the Oregon Department of Corrections who have underlying medical conditions or are otherwise highly susceptible to harm from the virus. They sought injunctive relief requiring the defendants to provide adequate COVID-19 prevention, testing, and care. On June 1, the court denied the plaintiffs motion for TRO, finding that the defendants had taken reasonable measures to prevent COVID-19. The court granted in part and denied in part the defendants' motion for partial summary judgment on December 15, finding that the plaintiffs' challenges to State policy were barred by discretionary immunity, but that the plaintiff's challenges to the implementation of such policy were not. The court also held that the plaintiffs' Eighth Amendment claims were not barred by qualified immunity. On February 2, 2021, the court granted a preliminary injunction regarding COVID-19 vaccinations. The plaintiffs filed another amended complaint and sought to certify a Wrongful Death Class in May 3 and the case is ongoing.


On April 6, 2020, prisoners in the Oregon Department of Corrections ("ODOC") filed this lawsuit against the governor of Oregon and several Oregon DOC officials in the U.S. District Court for the District of Oregon. Represented by private counsel, the Oregon Innocence Center, and the Oregon Justice Resource Center, the plaintiffs sought injunctive relief under 42 U.S.C. § 1983, alleging violations of their Eighth Amendment rights, as well as violations of the Oregon Constitution. Specifically, they claimed that ODOC's lack of preventative measures, testing, and treatment constituted deliberate indifference to the serious risk that COVID-19 posed to the entire class. The case was assigned to Magistrate Judge Stacie F. Beckerman.

In their request for an injunction, the plaintiffs outlined their desired relief, which included: adequate spacing of inmates (at least 6 ft apart) to maintain proper social distancing, assembling of a three-judge panel to reduce the number of prisoners if other remedies prove inadequate, the institution of a safety plan to prevent additional outbreaks, providing access to disinfecting solutions to clean objects and areas, providing COVID-19 testing, waiving medical co-pays for those experiencing symptoms, waiving charges for medical grievances, preventing retaliation from the defendants for reporting symptoms or seeking redress, providing single-cell quarantine of persons who have come in contact with someone who has coronavirus, isolation with proper medical checks for those with symptoms, and safe housing for the class members without incorporating disciplinary characteristics to such housing moves.

On May 12, the plaintiffs filed a motion for temporary restraining order or preliminary injunction. The defendants responded to this motion on May 22, stating that they were taking "extreme measures" to mitigate the dangers of COVID-19, and that the plaintiffs had not shown that they were likely success on the merits, a risk of irreparable harm, or that it was in the public interest to grant relief.

The plaintiffs filed an amended complaint on May 20, adding claims for monetary damages on behalf of those who had contracted COVID-19.

On June 1, Magistrate Judge Beckerman entered an order, denying the motion for temporary restraining order or preliminary injunction, finding that the defendants had responded reasonably to the risks posed by COVID-19. 2020 WL 2839423.

On June 26, the plaintiffs filed a second amended complaint.

On August 3, the defendants filed a motion for partial summary judgment, requesting summary judgment on the damages claims and the entirety of the plaintiffs' negligence claims due to qualified immunity. The plaintiffs filed a motion in opposition to summary judgment on October 3, arguing that qualified immunity did not bar their suit and that discretionary immunity was not appropriate.

The court granted in part and denied in part the defendants’ motion for partial summary judgment on December 15, 2020. 2020 WL 7364977. The court held that the plaintiffs’ negligence claims involving public policy decisions were barred by discretionary immunity, but that the plaintiffs’ challenges to the implementation and enforcement of such decisions were not. The court specifically found issues of fact remained regarding the defendants’ alleged failures to implement and enforce the State’s mask, testing, and quarantine policies; to screen employees for COVID-19 and exposure; to provide adequate sanitation and disinfection; to train staff to require adequate sanitation and disinfection; and to ensure adequate social distancing. Lastly, the court held that the plaintiffs’ Eighth Amendment claims were not barred by qualified immunity because the plaintiffs had a “clearly established right...to be free from heightened exposure to a serious, easily communicable disease.” Whether that right had been violated was a question for the factfinder.

On January 21, 2021 the plaintiffs filed a motion for temporary restraining order and preliminary injunction and a motion to certify a "Vaccine Class" including "All adults in custody housed at Oregon Department of Corrections facilities (ODOC) who have not been offered COVID-19 vaccinations." The plaintiffs argued that class-wide relief was necessary because the defendants were vaccinating corrections officers and a few medically vulnerable adults in custody, as well as older adults and teachers, but had not announced plans to vaccinate the remainder of the ODOC population. On January 22, the plaintiffs filed a third amended complaint.

On February 2, 2021 the court granted plaintiff's motion for provisional class certification and motion for a preliminary injunction and ordered further distribution of the COVID-19 vaccine. The court enjoined the defendants from excluding inmates in ODOC from vaccinations and provisionally certified the vaccine class of all individuals who had not yet been offered a COVID-19 vaccination. 2021 WL 354384. The court acknowledged the Prison Litigation Reform Act's (PLRA) prospective relief provisions but did not make findings related to it.

On May 3, the plaintiffs filed a motion to certify the class and a fourth amended complaint. The proposed "Damages Class" included "all adults incarcerated in Oregon Department of Corrections (ODOC) facilities (1) were incarcerated on or after February 1, 2020; (2) while incarcerated, tested positive or were otherwise diagnosed with COVID-19; and (3) if they became incarcerated after February 1, 2020, tested positive or were otherwise diagnosed with COVID-19 at least 14 days after they entered ODOC custody," as well as a "Wrongful Death Class" which included: "the estates of those adults incarcerated at ODOC facilities continuously since February 1, 2020, who died during the Wrongful Death Class period, and for whom COVID-19 caused or contributed to their death." The simultaneously filed amended complaint alleged constitutional and state law violations against Oregon's governor, several ODOC officials and the state of Oregon.

On July 1, the plaintiffs requested the release of medical records for the decedents in the proposed Wrongful Death Class and notice to emergency contacts regarding the release of medical records. The defendants opposed the motion, stating the court did not have authority to give pre-certification notice to putative class members, that the medical records should not be released without affirmative written consent, and that it was unclear whether the emergency contacts were able to consent to disclosure; the matter was referred to Magistrate Judge Stacie F. Beckerman.

On August 13, 2021, Magistrate Judge Beckerman granted the motion in part, allowing the plaintiffs to send a notice to emergency contacts and known family members and authorizing the use of medical records upon production of written authorizations.

Caitlin Kierum - 10/26/2020
Becca Rogers - 12/25/2020
Tessa McEvoy - 02/20/2021
Caitlin Kierum - 09/07/2021


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Content of Injunction
Preliminary relief denied
Preliminary relief granted
COVID-19
COVID vaccination ordered
Mitigation Granted
Mitigation Requested
Crowding
Crowding / caseload
Defendant-type
Corrections
General
Conditions of confinement
Sanitation / living conditions
Totality of conditions
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) Governor of the State of Oregon
Oregon Department of Corrections
Plaintiff Description Putative Class of all prisoners in the Oregon Department of Corrections who are at greater risk of death or sever illness because of their age and/or underlying medical conditions; Putative Class of individuals who had died, due to COVID-19 conditions, while in ODOC during a limited time period
Class action status sought Yes
Class action status outcome Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
None yet
Source of Relief None yet
Filed 04/06/2020
Case Ongoing Yes
Additional Resources
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Court Docket(s)
D. Or.
08/24/2021
6:20-cv-00570-SB
PC-OR-0016-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
D. Or.
04/06/2020
Complaint [ECF# 1]
PC-OR-0016-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
05/01/2020
Defendants' Answer and Affirmative Defenses [ECF# 9]
PC-OR-0016-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
05/12/2020
Motion for Temporary Restraining Order [ECF# 14]
PC-OR-0016-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
05/15/2020
Brief of Amici Curiae Public Health Rights Experts [ECF# 74]
PC-OR-0016-0004.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
05/20/2020
Amended Complaint [ECF# 81]
PC-OR-0016-0005.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
05/22/2020
Defendants' Response to Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 82]
PC-OR-0016-0006.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
06/01/2020
Opinion and Order [ECF# 108] (464 F.Supp.3d 1191)
PC-OR-0016-0007.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
06/26/2020
Second Amended Complaint [ECF# 111]
PC-OR-0016-0008.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
08/03/2020
Defendants' Motion for Partial Summary Judgment [ECF# 115]
PC-OR-0016-0010.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
10/03/2020
Plaintiffs' Brief in Opposition to Defendants' Motion for Summary Judgment [ECF# 127]
PC-OR-0016-0009.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
12/15/2020
Opinon and Order [ECF# 149] (2020 WL 7364977)
PC-OR-0016-0011.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
01/21/2021
Plaintiffs' Motion for Provisional Class Certification, Appointment of Class Representatives, and Appointment of Class Counsel [ECF# 154]
PC-OR-0016-0017.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
01/21/2021
Plaintiffs' Motion for Entry of a Temporary Restraining Order [ECF# 156]
PC-OR-0016-0015.pdf | Detail
Source: Plaintiffs' counsel
D. Or.
01/21/2021
Declaration of Counsel [ECF# 157]
PC-OR-0016-0016.pdf | Detail
Source: Plaintiffs' counsel
D. Or.
01/22/2021
Class Action Allegation Third Amended Complaint [ECF# 160]
PC-OR-0016-0014.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
02/02/2021
Opinion and Order [ECF# 178] (516 F.Supp.3d 1161)
PC-OR-0016-0013.pdf | WESTLAW| LEXIS | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
05/03/2021
Fourth Amended Class Action Complaint [ECF# 202-1]
PC-OR-0016-0020.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
05/03/2021
Plaintiffs' Motion to Certify Damages and Wrongful Death Classes and Alternative Motion to Certify Issue Class [ECF# 203]
PC-OR-0016-0018.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
D. Or.
08/13/2021
Opinion and Order [ECF# 264] (2021 WL 3598532)
PC-OR-0016-0019.pdf | WESTLAW | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Beckerman, Stacie F Court not on record [Magistrate] show/hide docs
PC-OR-0016-0007 | PC-OR-0016-0011 | PC-OR-0016-0013 | PC-OR-0016-0019 | PC-OR-0016-9000
Plaintiff's Lawyers Bruggemeier, Franz H. (Oregon) show/hide docs
PC-OR-0016-0003 | PC-OR-0016-0005 | PC-OR-0016-0008 | PC-OR-0016-0009 | PC-OR-0016-0015 | PC-OR-0016-0016 | PC-OR-0016-0018 | PC-OR-0016-0020 | PC-OR-0016-9000
Chavez, Juan C. (Oregon) show/hide docs
PC-OR-0016-0001 | PC-OR-0016-0003 | PC-OR-0016-0005 | PC-OR-0016-0008 | PC-OR-0016-0009 | PC-OR-0016-0015 | PC-OR-0016-0016 | PC-OR-0016-0018 | PC-OR-0016-0020 | PC-OR-0016-9000
Dahab, Nadia H. (Oregon) show/hide docs
PC-OR-0016-0015 | PC-OR-0016-0016 | PC-OR-0016-0018 | PC-OR-0016-0020 | PC-OR-0016-9000
Haile, Benjamin Wright (Oregon) show/hide docs
PC-OR-0016-0003 | PC-OR-0016-9000
Meggitt, Alexander (Oregon) show/hide docs
PC-OR-0016-0003 | PC-OR-0016-0005 | PC-OR-0016-0008 | PC-OR-0016-0009 | PC-OR-0016-0015 | PC-OR-0016-0016 | PC-OR-0016-0018 | PC-OR-0016-0020 | PC-OR-0016-9000
Plesser, Brittney (Oregon) show/hide docs
PC-OR-0016-0003 | PC-OR-0016-0005 | PC-OR-0016-0008 | PC-OR-0016-0009 | PC-OR-0016-0015 | PC-OR-0016-0016 | PC-OR-0016-0018 | PC-OR-0016-0020 | PC-OR-0016-9000
Sugerman, David F. (Oregon) show/hide docs
PC-OR-0016-0003 | PC-OR-0016-0005 | PC-OR-0016-0008 | PC-OR-0016-0009 | PC-OR-0016-0014 | PC-OR-0016-0015 | PC-OR-0016-0016 | PC-OR-0016-0017 | PC-OR-0016-0018 | PC-OR-0016-0020 | PC-OR-0016-9000
Defendant's Lawyers Brown, Jermaine (Oregon) show/hide docs
PC-OR-0016-9000
Busse, R Kyle (Oregon) show/hide docs
PC-OR-0016-9000
Crippen, Kelsie Gene (Oregon) show/hide docs
PC-OR-0016-9000
Hallman, Andrew D. (Oregon) show/hide docs
PC-OR-0016-0002 | PC-OR-0016-0006 | PC-OR-0016-0010 | PC-OR-0016-9000
Honore, Molly K (Oregon) show/hide docs
PC-OR-0016-9000
Joyce, Anna M. (Oregon) show/hide docs
PC-OR-0016-9000
Luo, Yufeng (Oregon) show/hide docs
PC-OR-0016-0002 | PC-OR-0016-0006 | PC-OR-0016-0010 | PC-OR-0016-9000
Naso, Chad Alan (District of Columbia) show/hide docs
PC-OR-0016-9000
Rosenblum, Ellen F. (Oregon) show/hide docs
PC-OR-0016-0010
Shepherd, Kerry J (Oregon) show/hide docs
PC-OR-0016-9000
White, Tracy Ickes (Oregon) show/hide docs
PC-OR-0016-0002 | PC-OR-0016-0006 | PC-OR-0016-0010 | PC-OR-0016-9000
Other Lawyers Armstrong, Shannon L (Oregon) show/hide docs
PC-OR-0016-0004 | PC-OR-0016-9000
Asai, Kristin Mariko (Oregon) show/hide docs
PC-OR-0016-0004 | PC-OR-0016-9000
Bial, Joseph (District of Columbia) show/hide docs
PC-OR-0016-0004 | PC-OR-0016-9000
Finzi, Roberto (New York) show/hide docs
PC-OR-0016-0004 | PC-OR-0016-9000
Johnson, Darren W. (New York) show/hide docs
PC-OR-0016-0004 | PC-OR-0016-9000

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