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Case Name Lucero-Gonzalez v. Kline JC-AZ-0015
Docket / Court 2:20-cv-00901-DJH-DMF ( D. Ariz. )
Additional Docket(s)   District of AZ (U.S.)
State/Territory Arizona
Case Type(s) Jail Conditions
Prison Conditions
Special Collection COVID-19 (novel coronavirus)
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
Case Summary
COVID-19 Summary: This is a class-action brought by five prisoners with high-risk medical issues held at the federal Central Arizona Florence Correctional Complex against the U.S. Marshals Service and the Bureau of Prisons. The plaintiffs alleged that the defendant’s failure to implement basic ... read more >
COVID-19 Summary: This is a class-action brought by five prisoners with high-risk medical issues held at the federal Central Arizona Florence Correctional Complex against the U.S. Marshals Service and the Bureau of Prisons. The plaintiffs alleged that the defendant’s failure to implement basic social distancing and hygiene measures violated their Eighth and Fifth Amendment rights. The TRO and preliminary injunction were denied as it was sought without notice to the defendant on May 11, and again on June 2 for failure to satisfy the deliberate indifference requirement. The plaintiffs sought partial reconsideration on June 16.


On May 8, 2020, five prisoners with high-risk medical conditions held at the Central Arizona Florence Correctional Complex (CAFCC)--a private facility run by CoreCivic--filed this case in the U.S. District Court for the District of Arizona against the U.S. Marshals Service and the Bureau of Prisons. Represented by the American Civil Liberties Union of Arizona and private attorneys, the plaintiffs brought this putative class action as both a group habeas petition under 28 U.S.C. § 2241, an injunctive action, and a declaratory action under 42 U.S.C. § 2201-02. Specifically, the plaintiffs alleged failure to implement basic social distancing and hygiene measures, failure to disclose positive cases of COVID-19, and denial of emergency grievance requests from detainees, and therefore that current confinement conditions exposed sentenced prisoners to unreasonable risks of contracting COVID-19 in violation of their constitutional rights under the cruel and unusual punishment clause. The CAFCC housed mostly pre-trial detainees, the plaintiffs also alleged that such denial of medical care subjected individuals not convicted of any crime to unconstitutional punishment against their Fifth Amendment rights. The case was assigned to Judge Diane J. Humetewa, then referred to Magistrate Judge Deborah M. Fine.

The plaintiffs sought class certification on behalf of everyone held or to be held by CAFCC. Identified in the class were the Pretrial Class, comprised of individuals pending trial or sentencing on federal criminal charges, as well as the Post-Conviction class, comprised of post-conviction prisoners. The plaintiffs sought declaratory and injunctive relief and/or a writ of habeas corpus requiring social distancing and hygiene measures requiring an independent rule 706 expert to review existing health and safety policies at CoreCivic within 48 hours of Court’s order, and if needed, enforce expert-recommended safety procedures. They asked that if appropriate measures could not be achieved without reducing the detained population, the court issue writs of habeas corpus "on the ground that Plaintiffs’ continued detentions violate the Due Process Clause or the Eighth Amendment, and order Plaintiffs’ release." The plaintiffs also sought attorney fees.

On May 11, the TRO and preliminary injunction were denied because there had been no notice to the defendants. On May 14, the defendants opposed the TRO and argued that the CAFCC had adequately responded to safeguard the health and well-being of detainees, consistent with CDC guidelines. The next day, the plaintiffs requested an independent expert inspection of the facility in light of the factual differences, and to expedite the ruling.

A hearing was held for the TRO and preliminary injunction on May 22. On June 2, the plaintiff's motion for TRO and preliminary injunction was denied because the plaintiffs had failed to prove deliberate indifference on the part of the defendants.

On June 16, the plaintiffs moved for partial reconsideration of the order, arguing that the legal standard used was meant for relief against state officials while the defendants in this case were only federal officials.

On July 6, the plaintiffs notified the court of thirty-nine additional confirmed COVID-19 cases at Corecivic.

The case is ongoing.

Averyn Lee - 07/23/2020


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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 denied
Crowding
Crowding / caseload
Defendant-type
Corrections
General
Bathing and hygiene
Conditions of confinement
Sanitation / living conditions
Medical/Mental Health
COVID-19 Mitigation Denied
COVID-19 Mitigation Requested
COVID-19 Release Requested
Plaintiff Type
Private Plaintiff
Special Case Type
Habeas
Type of Facility
Government-run
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Ex Parte Young (Federal) or Bivens
Habeas Corpus, 28 U.S.C. §§ 2241-2253; 2254; 2255
Defendant(s) Director of the U.S. Marshals Service
U.S. Marshal for the District of Arizona
CoreCivic Warden
Director of the Federal Bureau of Prisons
Plaintiff Description Five detainees with high-risk medical conditions held at the Central Arizona Florence Correctional Complex (CAFCC), on behalf of all detainees held or to be held by CAFCC. The class is subdivided into the Pretrial Class, comprised of detainees pending trial or sentencing on federal criminal charges, and the Post-Conviction class, comprised of post-conviction detainees.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
None
Source of Relief None yet
None
Filed 05/08/2020
Case Ongoing Yes
Additional Resources
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  ACLU Sues to Protect People Incarcerated in a Private Prison from COVID-19
https://www.aclu.org/
Date: May 8, 2020
By: ACLU
[ Detail ] [ External Link ]

Docket(s)
2:20-cv-901 (D. Ariz.)
JC-AZ-0015-9000.pdf | Detail
Date: 06/26/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1 (& 1-1 to 1-9)]
JC-AZ-0015-0001.pdf | Detail
Date: 05/08/2020
Source: PACER [Public Access to Court Electronic Records]
Motion for Temporary Restraining Order and Preliminary Injunction and Memorandum in Support [ECF# 2, 2-1]
JC-AZ-0015-0002.pdf | Detail
Date: 05/08/2020
Source: PACER [Public Access to Court Electronic Records]
Motion for Class Certification and Memorandum in Support [ECF# 3 (& 3-1 to 3-5)]
JC-AZ-0015-0003.pdf | Detail
Date: 05/08/2020
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 6] (D. Ariz.)
JC-AZ-0015-0004.pdf | Detail
Date: 05/11/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants-Respondents' Joint Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction and Parts 1 through 5 in Support (Part 1/2) [ECF# 16 & 16-1 to 16-5]
JC-AZ-0015-0006.pdf | Detail
Date: 05/14/2020
Source: PACER [Public Access to Court Electronic Records]
Parts 6 through 8 of Defendants-Respondents' Joint Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction (Part 2/2) [ECF# 16-6 to 16-8 ]
JC-AZ-0015-0007.pdf | Detail
Date: 05/14/2020
Source: PACER [Public Access to Court Electronic Records]
Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction [ECF# 18]
JC-AZ-0015-0005.pdf | Detail
Date: 05/15/2020
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 29] (2020 WL 2987002) (D. Ariz.)
JC-AZ-0015-0008.pdf | WESTLAW | Detail
Date: 06/02/2020
Source: PACER [Public Access to Court Electronic Records]
Motion for Reconsideration [ECF# 35 (& 35-1)]
JC-AZ-0015-0009.pdf | Detail
Date: 06/16/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants-Respondents' Response to Plaintiffs - Petitioners' Motion for Reconsideration [ECF# 38]
JC-AZ-0015-0010.pdf | Detail
Date: 06/26/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Fine, Deborah M. Court not on record [Magistrate] show/hide docs
JC-AZ-0015-9000
Humetewa, Diane Joyce (D. Ariz.) show/hide docs
JC-AZ-0015-0004 | JC-AZ-0015-0008 | JC-AZ-0015-9000
Plaintiff's Lawyers Andersson, Emma A. (New York) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009 | JC-AZ-0015-9000
Brown, Taylor (New York) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009
Cabou, Jean-Jacques (Arizona) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009 | JC-AZ-0015-9000
Calleros, Benjamin C. (Arizona) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009 | JC-AZ-0015-9000
Casselman, Margo Rose (Arizona) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009 | JC-AZ-0015-9000
Keenan, Jared G (Arizona) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009 | JC-AZ-0015-9000
Koerner, Matthew Robert (Arizona) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009 | JC-AZ-0015-9000
Ortiz, Alejandro (New York) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009 | JC-AZ-0015-9000
Strangio, Chase (New York) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009
Trivedi, Somil Bharat (District of Columbia) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009
Wee, Christine Keeyeh (Arizona) show/hide docs
JC-AZ-0015-0001 | JC-AZ-0015-0002 | JC-AZ-0015-0003 | JC-AZ-0015-0005 | JC-AZ-0015-0009 | JC-AZ-0015-9000
Defendant's Lawyers Acedo, Nicholas Daniel (Arizona) show/hide docs
JC-AZ-0015-0006 | JC-AZ-0015-0010 | JC-AZ-0015-9000
Bailey, Michael (Arizona) show/hide docs
JC-AZ-0015-0006 | JC-AZ-0015-0010
Lee, Jacob B. (Arizona) show/hide docs
JC-AZ-0015-0006 | JC-AZ-0015-0010 | JC-AZ-0015-9000
Love, Rachel (Arizona) show/hide docs
JC-AZ-0015-0006 | JC-AZ-0015-0010 | JC-AZ-0015-9000
Staes, William Charles (Arizona) show/hide docs
JC-AZ-0015-0010 | JC-AZ-0015-9000
Struck, Daniel Patrick (Arizona) show/hide docs
JC-AZ-0015-0006 | JC-AZ-0015-0010 | JC-AZ-0015-9000

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