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Case Name Cameron v. Bouchard JC-MI-0011
Docket / Court 2:20-cv-10949-LVP-MJH ( E.D. Mich. )
State/Territory Michigan
Case Type(s) Jail Conditions
Special Collection COVID-19 (novel coronavirus)
Attorney Organization ACLU Chapters (any)
ACLU of Michigan
Advancement Project
Civil Rights Corps
Case Summary
COVID-19 Summary: This is a habeas action brought on behalf of classes of pre-trial and post-trial detainees at the Oakland County Jail, seeking release in light of the COVID-19 pandemic. The plaintiffs also sought an injunction that would require the defendants to take concrete steps towards ... read more >
COVID-19 Summary: This is a habeas action brought on behalf of classes of pre-trial and post-trial detainees at the Oakland County Jail, seeking release in light of the COVID-19 pandemic. The plaintiffs also sought an injunction that would require the defendants to take concrete steps towards protecting those in the jail from COVID-19. On May 21, the judge conditionally certified the class and granted the preliminary injunction, requiring the jail to take certain safety and hygiene measures.

On April 17, 2020, classes of pre-trial and post-trial detainees filed this lawsuit against the sheriff of Oakland County and the Commander of Corrective Services of Oakland County. Represented by private counsel, the ACLU of Michigan, the Advancement Project, and the Civil Rights Corps, the petitioners sought writs of habeas corpus under 28 U.S.C. § 2241 and declaratory and injunctive relief under 42 U.S.C. § 1983. Specifically, they alleged that defendants were violating their Eighth Amendment and Fourteenth Amendment rights by continuing to confine them in the Oakland County Jail, exposing them to COVID-19.

Immediately, the plaintiffs filed an emergency motion for a Temporary Restraining Order and a motion to certify the class. The plaintiffs defined the class as all detainees of the Oakland County Jail during the COVID-19 pandemic, which was broken into three subclasses: (1) pre-trial subclass: detainees who had not been convicted, (2) post-conviction subclass: sentenced detainees, and (3) medically-vulnerable subclass: detainees over the age of fifty who also have underlying medical conditions that placed them at a particular risk of serious illness or death from COVID-19. The motion for a Temporary Restraining Order requested the release of the members of the medically-vulnerable subclass and asked for certain measures to improve the hygiene and safety at the jail.

That same day, Judge Linda V. Parker, who had been assigned to the case, entered an order granting the plaintiffs' motion for a Temporary Restraining Order only as to the request to improve hygiene and safety. 2020 WL 1929876. The order required:
  • provision, at no cost, of hand soap, paper towels, and disinfectant wipes or products;
  • access to hand sanitizer;
  • access to showers and clean laundry at a minimum weekly basis;
  • jail staff wear personal protective equipment when interacting with detainees or touching surfaces in cells or common areas;
  • establish a protocol to self-report COVID-19 symptoms;
  • conduct immediate testing for those displaying symptoms;
  • provide adequate spacing of six feet for social distancing;
  • ensure adequate medical care for individuals with symptoms or exposure to COVID-19 and quarantine those individuals in a non-punitive setting;
  • respond to COVID-19 related emergencies within an hour;
  • waive charges for medical grievances;
  • train all staff on COVID-19 detection and prevention;
  • cease and desist from punitive transfers or threats of transfers to areas of the jail with higher infection rates, and all other retaliation against concerns raised about the health and safety conditions in the jail.
The defendants filed a motion to dismiss on April 23, arguing that the plaintiffs had failed to exhaust available state remedies, that the PLRA precluded the release of inmates from the jail, and that the plaintiffs could not establish an underlying constitutional violation. The defendants also argued that the claims against Bouchard and Childs, in their official capacity, were redundant because the complaint made the same substantive claims against the county, and should be dismissed.

On May 1, Judge Parker extended the temporary restraining order for an additional fourteen days.

On May 21, Judge Parker entered an order granting the plaintiffs' motion for class certification, conditionally certifying the class as well as the three subclasses. 2020 WL 2569868. The order denied the defendants' motion to dismiss in all respects except that the Bouchard and Childs were dismissed as parties, and granted the plaintiffs' motion for a preliminary injunction. The preliminary injunction required the defendants to provide access to cleaning products and access to masks, to establish better cleaning and sanitization protocols, to produce a plan for continued testing of all inmates for COVID-19, to allow for social distancing and proper quarantine measures for those with the virus, establish a policy suspending the use of multi-person cells wherever possible, and to provide a list of members in the medically-vulnerable subclass so that the court could implement a system for considering release.

The defendants appealed to Sixth Circuit and filed an emergency motion to stay on May 21. Simultaneously, the plaintiffs filed a motion for partial reconsideration, regarding the dismissal of Sheriff Bouchard. The court granted the motion for reconsideration, reinstating defendant Bouchard, on May 22. 2020 WL 2615740.

The district court began orchestrating the process for granting bail for members of the medically vulnerable subclass. In response, the defendants filed a renewed motion to stay, in light of the Sixth Circuit's decision to vacate a similar preliminary injunction in Wilson v. Williams.

On June 4, Judge Parker denied the defendants motion to stay the case pending appeal. 2020 WL 2988921. But on June 11, the Sixth Circuit granted the renewed emergency motion to stay pending resolution of the appeal. 2020 WL 3100187. in The change, the court explained, was because of the intervening precedent Wilson v. Williams, 2020 WL 3056217 (6th Cir. 2020).

The case is ongoing.

Caitlin Kierum - 05/21/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Due Process: Substantive Due Process
Content of Injunction
Preliminary relief granted
Crowding
Crowding / caseload
Defendant-type
Corrections
General
Bathing and hygiene
Conditions of confinement
Sanitation / living conditions
Totality of conditions
Medical/Mental Health
COVID-19 Mitigation Granted
COVID-19 Mitigation Requested
COVID-19 Release Denied
COVID-19 Release Requested
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Oakland County
Plaintiff Description Detainees in the Oakland County Jail, on behalf of pre-trial and post-trial detainees at the jail
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU of Michigan
Advancement Project
Civil Rights Corps
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Order Duration 2020 - n/a
Filed 04/17/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Oakland County, Michigan: COVID-19 & Jails
http://www.civilrightscorps.org/
Date: Apr. 17, 2020
By: Civil Rights Corps
[ Detail ] [ External Link ]

Docket(s)
2:20-cv-10949-LVP-MJH (E.D. Mich.)
JC-MI-0011-9000.pdf | Detail
Date: 06/11/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief (with Exhibits 1-5) [ECF# 1 (& 1-1 to 1-6)]
JC-MI-0011-0001.pdf | Detail
Date: 04/17/2020
Source: PACER [Public Access to Court Electronic Records]
Exhibits 6 to 15 of Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief [ECF# 1-7 to 1-16]
JC-MI-0011-0002.pdf | Detail
Date: 04/17/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 5 (& 5-1 to 5-11)]
JC-MI-0011-0003.pdf | Detail
Date: 04/17/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Class Certification and Brief in Support [ECF# 6 (& 6-1 to 6-5)]
JC-MI-0011-0004.pdf | Detail
Date: 04/17/2020
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 12] (2020 WL 1929876) (E.D. Mich.)
JC-MI-0011-0005.pdf | WESTLAW | Detail
Date: 04/17/2020
Source: PACER [Public Access to Court Electronic Records]
Amended Opinion and Order [ECF# 21] (2020 WL 1929876) (E.D. Mich.)
JC-MI-0011-0007.pdf | WESTLAW | Detail
Date: 04/17/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion for Reconsideration [ECF# 17 (& 17-1 to 17-13)]
JC-MI-0011-0006.pdf | Detail
Date: 04/20/2020
Source: PACER [Public Access to Court Electronic Records]
Inspection Order [ECF# 27] (E.D. Mich.)
JC-MI-0011-0008.pdf | Detail
Date: 04/22/2020
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Granting in Part and Denying in Part Defendants' Motion for Reconsideration [ECF# 29] (2020 WL 1952836) (E.D. Mich.)
JC-MI-0011-0011.pdf | WESTLAW | Detail
Date: 04/23/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Motion to Dismiss Petition for Habeas Corpus, Claims Against Bouchard and Childs (in Lieu of Answer to Complaint) and Response to Motion for Temporary Restraining Order [ECF# 30]
JC-MI-0011-0010.pdf | Detail
Date: 04/23/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Combined Brief in Response to Defendants' Motion to Dismiss and in Reply to Defendants' Response to Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 33 (& 33-1 to 33-5)]
JC-MI-0011-0009.pdf | Detail
Date: 04/27/2020
Source: PACER [Public Access to Court Electronic Records]
Order Extending Temporary Restraining Order [ECF# 45] (E.D. Mich.)
JC-MI-0011-0012.pdf | Detail
Date: 05/01/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Response to Plaintiffs' Motion for Class Certification [ECF# 82 (& 82-1 to 82-4)]
JC-MI-0011-0018.pdf | Detail
Date: 05/12/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Proposed Findings of Fact and Conclusions of Law [ECF# 85]
JC-MI-0011-0013.pdf | Detail
Date: 05/13/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Answer to Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief and Affirmative Defenses [ECF# 88]
JC-MI-0011-0014.pdf | Detail
Date: 05/15/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Reply Brief in Support of Motion for Class Certification [ECF# 90, 90-1, 90-2]
JC-MI-0011-0017.pdf | Detail
Date: 05/18/2020
Source: PACER [Public Access to Court Electronic Records]
Opinion [ECF# 93] (2020 WL 2569868) (E.D. Mich.)
JC-MI-0011-0015.pdf | WESTLAW | Detail
Date: 05/21/2020
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 94] (E.D. Mich.)
JC-MI-0011-0016.pdf | Detail
Date: 05/21/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Emergency Motion to Stay Proceedings Pending Determination of Appeal and Request for Immediate Consideration [ECF# 97]
JC-MI-0011-0019.pdf | Detail
Date: 05/21/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Motion for Partial Reconsideration [ECF# 98]
JC-MI-0011-0020.pdf | Detail
Date: 05/21/2020
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order Granting Plaintiffs' Motion for Reconsideration [ECF# 99] (2020 WL 2615740) (E.D. Mich.)
JC-MI-0011-0021.pdf | WESTLAW | Detail
Date: 05/22/2020
Source: PACER [Public Access to Court Electronic Records]
Order [Ct. of App. ECF# 103]
JC-MI-0011-0022.pdf | Detail
Date: 05/26/2020
Source: PACER [Public Access to Court Electronic Records]
Order [Ct. of App. ECF# 139] (2020 WL 3100187)
JC-MI-0011-0023.pdf | WESTLAW | Detail
Date: 06/11/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Bush, John Kenneth (Sixth Circuit) show/hide docs
JC-MI-0011-0022 | JC-MI-0011-0023
Cole, Ransey Guy Jr. (Sixth Circuit) show/hide docs
JC-MI-0011-0022 | JC-MI-0011-0023
Guy, Ralph B. Jr. (FISCR, E.D. Mich., Sixth Circuit) show/hide docs
JC-MI-0011-0022
Hluchaniuk, Michael J. (E.D. Mich.) [Magistrate] show/hide docs
JC-MI-0011-9000
Larsen, Joan Louise (Sixth Circuit) show/hide docs
JC-MI-0011-0023
Parker, Linda Vivienne (E.D. Mich.) show/hide docs
JC-MI-0011-0005 | JC-MI-0011-0007 | JC-MI-0011-0008 | JC-MI-0011-0011 | JC-MI-0011-0012 | JC-MI-0011-0015 | JC-MI-0011-0016 | JC-MI-0011-0021 | JC-MI-0011-9000
Plaintiff's Lawyers Bennett, Jennifer (California) show/hide docs
JC-MI-0011-0022 | JC-MI-0011-0023
Carlson, Kevin M. (Michigan) show/hide docs
JC-MI-0011-0001 | JC-MI-0011-0002 | JC-MI-0011-0003 | JC-MI-0011-0004 | JC-MI-0011-0009 | JC-MI-0011-0017 | JC-MI-0011-0020 | JC-MI-0011-9000
Gupta, Deepak (District of Columbia) show/hide docs
JC-MI-0011-0022 | JC-MI-0011-0023
Harvey, Thomas B (District of Columbia) show/hide docs
JC-MI-0011-0001 | JC-MI-0011-0002 | JC-MI-0011-0003 | JC-MI-0011-0004 | JC-MI-0011-0009 | JC-MI-0011-0017 | JC-MI-0011-0020 | JC-MI-0011-9000
Korobkin, Daniel S. (Michigan) show/hide docs
JC-MI-0011-0001 | JC-MI-0011-0002 | JC-MI-0011-0003 | JC-MI-0011-0004 | JC-MI-0011-0009 | JC-MI-0011-0017 | JC-MI-0011-0020 | JC-MI-0011-0022 | JC-MI-0011-0023 | JC-MI-0011-9000
Kriger, Allison (Michigan) show/hide docs
JC-MI-0011-0001 | JC-MI-0011-0002 | JC-MI-0011-0003 | JC-MI-0011-0004 | JC-MI-0011-0009 | JC-MI-0011-0017 | JC-MI-0011-0020 | JC-MI-0011-9000
Mayor, Philip Edwin (Michigan) show/hide docs
JC-MI-0011-0001 | JC-MI-0011-0002 | JC-MI-0011-0003 | JC-MI-0011-0004 | JC-MI-0011-0009 | JC-MI-0011-0017 | JC-MI-0011-0020 | JC-MI-0011-0023 | JC-MI-0011-9000
McGehee, Cary S. (Michigan) show/hide docs
JC-MI-0011-0001 | JC-MI-0011-0002 | JC-MI-0011-0003 | JC-MI-0011-0004 | JC-MI-0011-0009 | JC-MI-0011-0017 | JC-MI-0011-0020 | JC-MI-0011-0022 | JC-MI-0011-0023 | JC-MI-0011-9000
Santhanam, Krithika (District of Columbia) show/hide docs
JC-MI-0011-0001 | JC-MI-0011-0002 | JC-MI-0011-0003 | JC-MI-0011-0004 | JC-MI-0011-0009 | JC-MI-0011-0017 | JC-MI-0011-0020 | JC-MI-0011-9000
Twinem, Alexandria (District of Columbia) show/hide docs
JC-MI-0011-0001 | JC-MI-0011-0002 | JC-MI-0011-0003 | JC-MI-0011-0004 | JC-MI-0011-0009 | JC-MI-0011-0017 | JC-MI-0011-0020 | JC-MI-0011-0023 | JC-MI-0011-9000
Wessler, Nathan Freed (New York) show/hide docs
JC-MI-0011-0022 | JC-MI-0011-0023
Defendant's Lawyers Clark, Robert C. (Michigan) show/hide docs
JC-MI-0011-0010 | JC-MI-0011-0018 | JC-MI-0011-0019 | JC-MI-0011-0022 | JC-MI-0011-0023 | JC-MI-0011-9000
DeAgostino, Thomas M. (Michigan) show/hide docs
JC-MI-0011-0023 | JC-MI-0011-9000
Menna, Peter L. (Michigan) show/hide docs
JC-MI-0011-0023 | JC-MI-0011-9000
Potter, Steven M. (Michigan) show/hide docs
JC-MI-0011-0006 | JC-MI-0011-0010 | JC-MI-0011-0013 | JC-MI-0011-0014 | JC-MI-0011-0019 | JC-MI-0011-0022 | JC-MI-0011-0023 | JC-MI-0011-9000
Other Lawyers Baiardi, Kristen Lara (Michigan) show/hide docs
JC-MI-0011-0023
Cook, Steven H. (Tennessee) show/hide docs
JC-MI-0011-0023
Goetz, Andrew (Michigan) show/hide docs
JC-MI-0011-0023
Nicholson, Abbott (Michigan) show/hide docs
JC-MI-0011-0023
Nickelhoff, Andrew A. (Michigan) show/hide docs
JC-MI-0011-9000

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