Case: Connecticut Criminal Defense Lawyers Association v. Lamont

UWY-CV20-6054309-S | Connecticut state trial court

Filed Date: April 3, 2020

Closed Date: June 8, 2020

Clearinghouse coding complete

Case Summary

COVID-19 summary: The ACLU of Connecticut filed this suit on April 3, 2020 asking the court to intervene and force the Governor of Connecticut and the state's Correction Commissioner to reduce the number of individuals incarcerated in the state's jails and prisons during the COVID-19 pandemic. The trial court dismissed the case for lack of jurisdiction, and the plaintiffs appealed, however they withdrew the appeal on June 6, 2020. On April 3, 2020, the Connecticut Criminal Defense Lawyers Assoc…

COVID-19 summary: The ACLU of Connecticut filed this suit on April 3, 2020 asking the court to intervene and force the Governor of Connecticut and the state's Correction Commissioner to reduce the number of individuals incarcerated in the state's jails and prisons during the COVID-19 pandemic. The trial court dismissed the case for lack of jurisdiction, and the plaintiffs appealed, however they withdrew the appeal on June 6, 2020.


On April 3, 2020, the Connecticut Criminal Defense Lawyers Association and incarcerated peoples filed an Emergency Action lawsuit in a Connecticut Superior Court against the Governor of Connecticut along with Connecticut's Correction Commissioner. The ACLU of Connecticut, joined by Yale Law School’s Allard K. Lowenstein International Human Rights Clinic and Jerome N. Frank Legal Services Organization, represented the plaintiffs. The plaintiffs asked the court for a temporary order of mandamus that would direct the defendants to fulfill their legal obligations of protecting individuals incarcerated in Connecticut's jails and prisons. Specifically, the plaintiffs wanted the defendants to devise an urgent, medically sound "de-densification" strategy to reduce the number of incarcerated individuals in the state.

As of April 2, 2020, Connecticut had 3,824 confirmed cases of COVID-19 and at least 112 COVID-19 related deaths. The plaintiffs, relying on information from public health experts and statistics from other correctional facilities, stated that prisons and jails are extremely high-risk settings for the spread of COVID-19. In Connecticut specifically, 16 Department of Corrections staff members and eight incarcerated people have already tested positive for COVID-19 as of the day before filing.

The Governor of Connecticut declared civil preparedness and public health emergencies on March 10, 2020, in response to the spread of COVID-19. The Governor's Executive Orders described the rapid spread of COVID-19 in close-quarter living arrangements including nursing homes and similar facilities. However, the plaintiffs alleged that the Governor failed to adequately protect people in the state's custody.

In the complaint, the plaintiffs asked the court to require the immediate release of incarcerated peoples who are vulnerable to serious illness based on the Center for Disease Control's heightened risk factors. The plaintiffs stated that approximately 200 people are being held on bail of $50,000 or less and are being forced to live in a highly dangerous congregate living situation merely because of their inability to pay the $5,000 or smaller ten percent cash bond. Additionally, the complaint described the approximately 4,000 people in Connecticut prisons who are within 90 days of their sentence end. Among other factors, Connecticut's aging prison population, along with prisoners with compromised immune systems, led the plaintiffs to argue that the state has failed to protect this vulnerable group of people.

The plaintiffs suggested the following immediate actions: (1) Reducing the number of people entering and re-entering the system; (2) Immediately releasing people detained pretrial; (3) Immediately releasing all people convicted of nonviolent offenses who were scheduled to be released in 90 days, all people who are eligible for parole, and anyone incarcerated for a technical parole violation; and (4) Transitioning older adults and medically vulnerable individuals to medical and community settings.

On April 4, 2020, the court designated this case as complex litigation and transferred it from the Judicial District of Hartford to Judicial District of Waterbury pursuant to state law.

The defendants filed a brief in opposition on April 7, 2020 in response to the plaintiffs' request for a temporary order of mandamus from the court. In the brief, the defendants alleged that the plaintiffs failed to demonstrate that the defendants had a statutory duty to release the four inmate plaintiffs from lawful confinement. Specifically, the brief argued that release review processes, including medical or compassionate parole and community release, are discretionary and do not constitute an affirmative duty on behalf of the defendants. The defendants argued that none of the named plaintiffs in the case were eligible for early release.

The brief also detailed the state Department of Correction's (DOC) COVID-19 Action Plan. At the time of filing, the defendants stated that 32 staff members and 46 inmates had tested positive for COVID-19. The plan included routine medical examinations of inmates who showed symptoms, screening procedures for employee entry to prison facilities, canceling transfers, quarantining new admits, and canceling social visits and volunteer access among other measures.

On the same day as filing the brief, the defendants also filed a motion to dismiss the case. The motion to dismiss alleged that the court lacked subject matter jurisdiction over the matter because the Connecticut Criminal Defense Lawyers Association lacked standing and could not assert third-party standing on behalf of the inmate plaintiffs. The defendants also alleged that the inmate plaintiffs lacked standing as well because none had the right to be released prior to the end of their sentences and the plaintiffs' claims of injuries were too speculative. The motion also argued that issuance of a writ of mandamus would involve the court unlawfully interfering with the Legislative and Executive branches of the Connecticut government.

On April 8, 2020, the plaintiffs filed an amended complaint. The amended complaint included two additional named plaintiffs. The two additional plaintiffs included an individual with multiple sclerosis being held at a correctional institute because she could not afford her $22,000 bond. Additionally, the second plaintiff was a person incarcerated with a release date on May 27, 2020. The plaintiffs also filed a supplemental motion for a temporary order of mandamus that discussed developments in the COVID-19 pandemic.

The parties, with the court's permission, added the two additional plaintiffs on April 8, 2020 and stipulated that the earlier motion to dismiss would be directed to the amended complaint.

On April 13, 2020, the plaintiffs filed a motion in opposition to the defendants' motion to dismiss. The motion argued that all of the plaintiffs, including the Connecticut Criminal Defense Lawyers Association and the named inmate plaintiffs, were the proper parties to litigate. The plaintiffs reiterated their argument that the defendants' knowledge of the dangers of COVID-19 and their failure to take the medically appropriate measures to prevent its spread in correctional facilities amounted to violations of the Eighth and Fourteenth Amendments, thereby creating an affirmative duty for the defendants to act to avoid such constitutional violations. In response, the defendants filed a motion on April 13, 2020, refuting the plaintiffs' arguments.

The court held oral arguments on April 15, 2020 and dismissed the case on April 24 for lack of jurisdiction. The plaintiffs filed an expedited appeal to the Supreme Court of Connecticut, however the plaintiffs withdrew the appeal on June 6, 2020 and the case is believed to be closed with no further docket entries.

Summary Authors

Richa Bijlani (4/17/2020)

Averyn Lee (6/13/2020)

People


Judge(s)

Abrams, James (Connecticut)

Bellis, Barbara N. (Connecticut)

Attorney for Plaintiff

Barrett, Dan (Connecticut)

Bildner, Elana (Connecticut)

Attorney for Defendant

Belforti, James Michael (Connecticut)

Expert/Monitor/Master/Other

show all people

Documents in the Clearinghouse

Document

20-cv-6126477

UWY-CV20-6054309-S

Docket

June 8, 2020

June 8, 2020

Docket

20-cv-6126477

Complaint

April 3, 2020

April 3, 2020

Complaint

20-cv-6126477

Motion for Temporary Order of Mandamus

April 3, 2020

April 3, 2020

Pleading / Motion / Brief
106

20-cv-6126477

Defendants' Objection to Motion for Temporary Order of Mandamus

April 7, 2020

April 7, 2020

Pleading / Motion / Brief
113

20-cv-6126477

Memorandum of Law in Support of Defendants' Motion to Dismiss

April 7, 2020

April 7, 2020

Pleading / Motion / Brief
114

20-cv-6126477

Amended Complaint

April 7, 2020

April 7, 2020

Complaint
107-111

20-cv-6126477

Declarations in Support of the Defendants' Objection to Motion for Temporary Order of Mandamus

April 7, 2020

April 7, 2020

Declaration/Affidavit
119

20-cv-6126477

Opposition to Motion to Dismiss

April 13, 2020

April 13, 2020

Pleading / Motion / Brief
120

20-cv-6126477

Declaration of Cary Freston, MD, CCHP

April 13, 2020

April 13, 2020

Declaration/Affidavit

UWY-CV20-6054309-S

Reply in Further Support of Plaintiff's Motion for Temporary Order of Mandamus

April 21, 2020

April 21, 2020

Pleading / Motion / Brief

Docket

Last updated Jan. 28, 2024, 3:05 p.m.

ECF Number Description Date Link Date / Link
18971366

APPEARANCE

April 3, 2020

April 3, 2020

18971395

APPEARANCE

April 3, 2020

April 3, 2020

18971418

APPEARANCE

April 3, 2020

April 3, 2020

100.30

SUMMONS

April 3, 2020

April 3, 2020

100.31

COMPLAINT

April 3, 2020

April 3, 2020

100.32

CONTINUATION OF PARTIES

April 3, 2020

April 3, 2020

101.00

MOTION FOR TEMPORARY INJUNCTION

April 3, 2020

April 3, 2020

102.00

ORDER

April 4, 2020

April 4, 2020

103.33

TRANSFERRED FROM SUPERIOR COURT JUDICIAL DISTRICT OF HARTFORD

April 4, 2020

April 4, 2020

104.33

TRANSFERRED TO SUPERIOR COURT JUDICIAL DISTRICT OF WATERBURY

April 4, 2020

April 4, 2020

18971428

APPEARANCE

April 6, 2020

April 6, 2020

18971500

APPEARANCE

April 6, 2020

April 6, 2020

18971677

APPEARANCE

April 6, 2020

April 6, 2020

18972006

APPEARANCE

April 6, 2020

April 6, 2020

18972471

APPEARANCE

April 6, 2020

April 6, 2020

105.00

ORDER

April 6, 2020

April 6, 2020

106.00

OBJECTION TO MOTION

April 7, 2020

April 7, 2020

107.00

AFFIDAVIT

April 7, 2020

April 7, 2020

108.00

AFFIDAVIT

April 7, 2020

April 7, 2020

109.00

AFFIDAVIT

April 7, 2020

April 7, 2020

110.00

AFFIDAVIT

April 7, 2020

April 7, 2020

111.00

AFFIDAVIT

April 7, 2020

April 7, 2020

112.00

MOTION TO DISMISS PB 10-30

April 7, 2020

April 7, 2020

113.00

MEMORANDUM IN SUPPORT OF MOTION

April 7, 2020

April 7, 2020

114.00

AMENDED COMPLAINT

April 8, 2020

April 8, 2020

115.00

MOTION FOR TEMPORARY INJUNCTION

April 8, 2020

April 8, 2020

116.00

AMENDED WRIT AND SUMMONS

April 8, 2020

April 8, 2020

117.00

ORDER

April 8, 2020

April 8, 2020

118.00

ORDER

April 8, 2020

April 8, 2020

119.00

OBJECTION TO MOTION

April 13, 2020

April 13, 2020

120.00

AFFIDAVIT

April 13, 2020

April 13, 2020

121.00

REPLY

April 13, 2020

April 13, 2020

122.00

APPLICATION

April 14, 2020

April 14, 2020

18992227

APPEARANCE

April 15, 2020

April 15, 2020

122.10

ORDER

April 15, 2020

April 15, 2020

123.00

NOTICE

April 15, 2020

April 15, 2020

124.00

REPLY MEMORANDUM

April 21, 2020

April 21, 2020

125.00

EXHIBITS

April 22, 2020

April 22, 2020

112.10

ORDER

April 24, 2020

April 24, 2020

112.50

JUDGMENT OF DISMISSAL RESULT: HON BARBARA BELLIS

April 24, 2020

April 24, 2020

131.00

JUDGMENT OF DISMISSAL UNDER PB 14-3 NOTICES SENT - COURT ORDERED DISMISSAL ONLY RESULT: HON BARBARA BELLIS

April 24, 2020

April 24, 2020

131.25

REPLACE RECORD TO PLEADING STATUS (KEYPOINT 2) AND ERASE ALL HIGHER KEYPOINT DATES

April 24, 2020

April 24, 2020

126.00

APPELLATE COURT MATERIAL

May 15, 2020

May 15, 2020

127.00

APPEAL TO APPELLATE COURT ALL FEES PAID

May 19, 2020

May 19, 2020

19096297

APPEARANCE

May 29, 2020

May 29, 2020

128.00

DRAFT JUDGMENT FILE

May 29, 2020

May 29, 2020

129.00

APPELLATE COURT MATERIAL

June 8, 2020

June 8, 2020

130.00

WITHDRAWAL OF APPEAL TO APPELLATE COURT/SUPREME COURT RESULT: BY THE COURT

June 8, 2020

June 8, 2020

Case Details

State / Territory: Connecticut

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: April 3, 2020

Closing Date: June 8, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Connecticut Criminal Defense Lawyers Association and individuals incarcerated in Connecticut state jails and prisons

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Connecticut, State

Connecticut Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

None yet

Source of Relief:

None yet

None

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested

Type of Facility:

Government-run