COVID-19 Summary: Inmates at Oakdale Federal Correctional Institution filed this putative class action lawsuit seeking immediate release of high risk inmates and a plan outlining mitigation efforts to prevent the spread of COVID-19 in the prison. On April 26, the court granted defendants' motion to dismiss for lack of jurisdiction.
On April 6, 2020, the plaintiffs filed this putative class action lawsuit in United States District Court Western District of Louisiana seeking declaratory and injunctive relief and/or a writ of habeas corpus. The plaintiffs sued the warden of Oakdale Federal Correctional Institution and the Federal Bureau of Prisons Director under 28 U.S.C. § 2241 (habeas corpus), 28 U.S.C. § 1651 (All Writs Act), and the Suspension Clause of the U.S. Constitution. The plaintiffs sought to certify a class of all current and future people held in post-conviction custody at Federal Correctional Complex-Oakdale (FCC Oakdale), including a subclass of persons who were particularly vulnerable to COVID-19. They alleged that continued incarceration violated their Eighth Amendment right to be free from cruel and unusual punishment. The plaintiffs sought immediate release of all vulnerable subclass members, a plan outlining mitigation efforts to prevent the spread of COVID-19 for class members not immediately released, housing for any released class members who lacked a place to self isolate, and declaratory relief.
On April 10, 2020, the defendants provided information regarding the inmate review process at FCC Oakdale. They outlined ways in which they were addressing the COVID-19 pandemic, including the deployment of inmate orderlies on a 24-hour basis to disinfect all facilities after use. The defendants also asserted that they were continuing to consider the use of compassionate release for appropriate inmates. The Bureau of Prisons Central Office recommended review for home confinement place for inmates who meet the following criteria:
1) Primary Offense is not violent;
2) Primary Offense is not sex offense;
3) Primary Offense is not terrorism;
4) No detainer;
5) Mental Health Care Level is less than IV;
6) PATTERN (BOP’s new risk and needs assessment tool) score is MIN;
7) BRAVO (BOP’s existing risk evaluation tool) score is LOW or MIN;
8) Completed at least 50% of their sentence; and
9) No Incident Reports in the past 12 months.
The defendants also asserted that they anticipated expanding the criteria for review.
On April 13, 2020, plaintiffs filed an emergency motion for a Temporary Restraining Order that included: that defendant identify all medically vulnerable subclass members and that defendant present evident as to why they are challenging the release of the person; that the court immediately release all members that defendants did not make a required showing as to why they should not be released; that defendant provide all persons with educational resources on COVID-19; that defendants report weekly on the population of persons in Oakdale who are medically vulnerable; and a declaration that Oakdale's policies violate the Eighth Amendment.
On April 13, 2020, Magistrate Judge Kathleen Kay issued an order denying as moot the motion for the Temporary Restraining Order and granting the plaintiffs' motion for emergency consideration of their motion for preliminary injunction.
On April 15, 2020, defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim. Defendants argued that the court was barred from reviewing defendants' decisions regarding classification and placement of inmates, and that plaintiffs had failed to assert sufficient facts to show that their confinement was unlawful or that defendants had acted with deliberate indifference.
On April 16, 2020, defendants provided a second update regarding the inmate review process at FCC Oakdale. They asserted that they continued to review inmates for release, preparing to release six inmates. As of April 16, 2020, there were thirty-two active confirmed cases of COVID-19, fourteen inmates who had recovered, and one death.
On April 17, 2020, defendants moved to stay consideration of class certification pending adjudication of their motion to dismiss, "to preserve resources and advance the interest of judicial economy."
On April 22, 2020, Judge Doughty granted defendants' motion to dismiss for lack of jurisdiction, finding that it was outside of the court's purview to direct BOP how to classify its inmates and thus the court lacked subject matter jurisdiction.
As of April 26, the case is closed.
Cedar Hobbs - 06/09/2020
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