Case: Costa v. Bazron

1:19-cv-03185 | U.S. District Court for the District of Columbia

Filed Date: Oct. 23, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This is an ongoing case to secure sanitary water in a psychiatric hospital in which the plaintiffs filed additional motions for temporary restraining orders in light of the COVID-19 pandemic, requesting release and mitigation measures including: adequate mental health care, social distancing, and hygiene products. The court granted a temporary restraining order on April 25 and a preliminary injunction on May 24, ordering the defendants to isolate patients exposed to the virus …

COVID-19 Summary: This is an ongoing case to secure sanitary water in a psychiatric hospital in which the plaintiffs filed additional motions for temporary restraining orders in light of the COVID-19 pandemic, requesting release and mitigation measures including: adequate mental health care, social distancing, and hygiene products. The court granted a temporary restraining order on April 25 and a preliminary injunction on May 24, ordering the defendants to isolate patients exposed to the virus and to conduct testing throughout the facility to determine the spread of COVID-19 among staff and patients. The defendants appealed the preliminary injunction on June 22 and filed a motion to dismiss, or in the alternative, a motion for summary judgment on July 10. The parties later filed a motion to vacate the preliminary injunction and requested that the court stay the case while the parties discussed a possible resolution.


On October 23, 2019, four individuals at Saint Elizabeths Hospital, a psychiatric hospital in D.C., filed this action in the U.S. District Court for the District of D.C. on behalf of themselves and all other patients at the hospital. Represented by the American Civil Liberties Union Foundation of the D.C., Washington Lawyers' Committee for Civil Rights & Urban Affairs, and private counsel, the plaintiffs sued the District of Columbia and Saint Elizabeths Hospital. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983 and 28 U.S.C. § 2201, alleging violations of their Fifth Amendment Due Process rights, and violations of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131. Specifically, the plaintiffs alleged that Saint Elizabeths had not had safe, running water since at least September 26, 2019, the date the water supply was completely turned off. This prohibited patients and staff from routinely flushing toilets, washing their hands, showering, drinking water from water fountains, and washing their clothing. The case was initially assigned to Judge Christopher R. Cooper, but randomly reassigned to Judge. Randolph D. Moss on October 30, 2019.

The defendants filed a motion to dismiss on December 16, 2019, arguing that the plaintiffs had failed to state a Due Process or ADA claim and that the hospital officials were entitled to qualified immunity.

On January 21, 2020, the plaintiffs filed a motion to certify the class, seeking to represent "all current and future Saint Elizabeths Hospital patients."

On April 16, the plaintiffs filed a motion to amend their complaint in light of COVID-19, adding a petition for writ of habeas corpus. They alleged that although the defendants had turned the water back on in October 2019, they continued to foster conditions that exacerbated the dangers to their patients by failing to take adequate steps to protect their patients from COVID-19. Plaintiffs also asserted that, as of April 15, four patients had died of COVID-19 and that "32 patients and 47 staff at the Hospital have tested positive for COVID-19." The motion was granted on April 22. 2020 WL 1935524.

The plaintiffs filed a motion for a temporary restraining order on April 18, requesting the court order the defendants to reduce the population, both by halting admission to the hospital and releasing current patients, and to develop COVID-19 mitigation measures including testing, hygiene products, social distancing, educational programming, and daily reporting. The defendants filed a motion in opposition on April 21.

On April 25, Judge Moss granted in part the plaintiff's motion for a temporary restraining order, ordering the defendants to isolate individuals exposed to COVID-19, conduct clinical evaluations prior to releasing individuals from isolation, and produce bi-weekly reports of compliance with the order. 456 F.Supp.3d 126 (Apr. 25, 2020). Following a status conference, this order was extended until May 11.

On May 11, Judge Moss again extended and expanded the temporary restraining order, additionally requiring defendants to complete and report the results of two baseline point prevalence surveys to determine the spread of COVID-19 among staff and residents at the facility, and to assign staff to only one unit per day. 2020 WL 2410502.

On May 14, the plaintiffs filed a motion for preliminary injunction, requesting the incorporation of the current restraining order into an injunction, a reduction of the number of patients in the facility, appropriate mental health care, the appointment of an independent monitor, and reporting. The defendants filed a motion in opposition on May 19.

The court granted the plaintiffs' motion in part on May 24, converting the temporary restraining order into a preliminary injunction which required the defendants to file a status report by June 8 detailing plans for further mitigation measures in the facility. The court denied the plaintiffs' motion in all other respects. 464 F.Supp.3d 132 (May 24, 2020).

On June 22, the defendants appealed the preliminary injunction to the D.C. Circuit Court of Appeals. They also filed a motion to dismiss, or in the alternative, a motion for summary judgment on July 10. The plaintiffs opposed the motion to dismiss on August 14 and the defendants continued continued to submit bi-monthly notices of compliance to the court.

On April 30, 2021 the parties filed an unopposed motion to vacate the Preliminary Injunction as it was moot, which the court granted on May 3. The parties then filed a motion to stay the litigation in the district court while they attempted to discuss possible resolution of the matter until November 9, 2021

The case is ongoing.

Summary Authors

Caitlin Kierum (6/4/2020)

Tessa McEvoy (3/19/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16374166/parties/costa-v-bazron/


Judge(s)
Attorney for Plaintiff

Banner, Stuart (California)

Freedman, John A. (District of Columbia)

Attorney for Defendant

Amarillas, Fernando (District of Columbia)

Bluming, Micah Ian (District of Columbia)

DeBerardinis, Robert A. Jr. (District of Columbia)

show all people

Documents in the Clearinghouse

Document

1:19-cv-03185

0:20-07055

Docket [PACER]

Aug. 13, 2021

Aug. 13, 2021

Docket
1

1:19-cv-03185

Complaint

Oct. 23, 2019

Oct. 23, 2019

Complaint
30

1:19-cv-03185

Plaintiffs' Motion for Class Certification

Costa v. District of Columbia

Jan. 21, 2020

Jan. 21, 2020

Pleading / Motion / Brief
39 (& 39-1 to 39-12)

1:19-cv-03185

Plaintiffs' Motion for a Temporary Restraining Order

Costa v. District of Columbia

April 18, 2020

April 18, 2020

Pleading / Motion / Brief
42 (& 42-1 to 42-6)

1:19-cv-03185

Defendants' Opposition to Plaintiffs' Motion for a Temporary Restraining Order

April 21, 2020

April 21, 2020

Pleading / Motion / Brief
50

1:19-cv-03185

First Amended Class Action Complaint and Petition for Writ of Habeas Corpus

April 22, 2020

April 22, 2020

Complaint
48

1:19-cv-03185

Memorandum Opinion and Order

April 22, 2020

April 22, 2020

Order/Opinion

2020 WL 2020

60 & 59

1:19-cv-03185

Order and Memorandum Opinion

April 25, 2020

April 25, 2020

Order/Opinion

456 F.Supp.3d 456

83 & 82

1:19-cv-03185

Order and Memorandum Order

May 11, 2020

May 11, 2020

Order/Opinion

2020 WL 2020

87 (& 87-1 to 87-9)

1:19-cv-03185

Plaintiffs' Memorandum of Law in Support of Their Motion for a Preliminary Injunction

Costa v. District of Columbia

May 14, 2020

May 14, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16374166/costa-v-bazron/

Last updated Jan. 23, 2024, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA ( Filing fee $ 400 receipt number ADCDC-6474930) filed by STEFON KIRKPATRICK, ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Spitzer, Arthur) (Entered: 10/23/2019)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Oct. 23, 2019

Oct. 23, 2019

RECAP
2

NOTICE of Appearance by John Arak Freedman on behalf of All Plaintiffs (Freedman, John) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
3

Amended NOTICE of Appearance by John Arak Freedman on behalf of All Plaintiffs (Freedman, John) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
4

NOTICE of Appearance by Tirzah S. Lollar on behalf of ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH (Lollar, Tirzah) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
5

CIVIL COVER SHEET signed (corrected) by STEFON KIRKPATRICK, ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH re 1 Complaint, filed by STEFON KIRKPATRICK, ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH. Related document: 1 Complaint, filed by ENZO COSTA, STEFON KIRKPATRICK, WILLIAM DUNBAR, VINITA SMITH.(Spitzer, Arthur) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER

Case Assigned/Reassigned

Oct. 30, 2019

Oct. 30, 2019

PACER

Case assigned to Judge Christopher R. Cooper. (zmc)

Oct. 30, 2019

Oct. 30, 2019

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6

SUMMONS (4) Issued Electronically as to BARBARA J. BAZRON, MARK J. CHASTANG, District of Columbia Attorney General, and the District of Columbia Mayor. (Attachment: # 1 Notice and Consent)(zmc) (Entered: 10/30/2019)

1 Notice and Consent

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Oct. 30, 2019

Oct. 30, 2019

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7

Case randomly reassigned to Judge Randolph D. Moss. Judge Christopher R. Cooper is no longer assigned to the case. (ztnr) (Entered: 10/31/2019)

Oct. 30, 2019

Oct. 30, 2019

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8

NOTICE of Appearance by Scott Michelman on behalf of All Plaintiffs (Michelman, Scott) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

PACER
9

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/31/19. (lcrdm2, ) (Entered: 10/31/2019)

Oct. 31, 2019

Oct. 31, 2019

RECAP
10

WITHDRAWN PURSUANT TO DOCKET ENTRY NO. 22 . . . . . Emergency MOTION to Take Deposition from 30(b)(6) Witness and Leave to Conduct Expedited Discovery by WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH (Attachments: # 1 Text of Proposed Order)(Freedman, John) Modified on 12/18/2019 (ztd). (Entered: 11/05/2019)

1 Text of Proposed Order

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Nov. 5, 2019

Nov. 5, 2019

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.Order

Nov. 5, 2019

Nov. 5, 2019

PACER

MINUTE ORDER: In light of Plaintiffs' Emergency Motion to Take Deposition, Dkt. 10, Plaintiffs are hereby ORDERED to confer with Defendants and, together with Defendants, jointly contact the Courtroom Deputy Clerk at or before 3:00 p.m. on November 6, 2019, to identify a day and time the parties are available for a hearing on Plaintiffs' motion. Signed by Judge Randolph D. Moss on 11/04/2019. (lcrdm2, ) Modified on 11/6/2019 to correct clerk title(kt).

Nov. 5, 2019

Nov. 5, 2019

PACER
11

NOTICE of Appearance by Micah Ian Bluming on behalf of All Defendants (Bluming, Micah) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 11/4/2019. Answer due for ALL D.C. DEFENDANTS by 11/25/2019. (Freedman, John) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on the Mayor of the District of Columbia. Date of Service Upon the Mayor for the District of Columbia on 11/4/2019. (Freedman, John) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BARBARA J. BAZRON served on 11/4/2019 (Freedman, John) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARK J. CHASTANG served on 11/4/2019 (Freedman, John) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

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~Util - Set/Reset Deadlines/Hearings

Nov. 12, 2019

Nov. 12, 2019

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.Order

Nov. 12, 2019

Nov. 12, 2019

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MINUTE ORDER: The parties are hereby ORDERED to appear for a hearing on Plaintiffs' Emergency Motion to Take Deposition, Dkt. 10, on November 21, 2019, at 10:00 a.m. in Courtroom 21. It is further ORDERED that the parties shall file a joint status report on or before November 19, 2019 apprising the Court whether the parties have conferred on the motion, and, if so, whether they have narrowed the issues in dispute with respect to it. Signed by Judge Randolph D. Moss on 11/12/2019. (lcrdm2, )

Nov. 12, 2019

Nov. 12, 2019

PACER
16

NOTICE of Appearance by Kaitlin Rose Banner on behalf of All Plaintiffs (Banner, Kaitlin) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
17

Joint STATUS REPORT by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH. (Banner, Kaitlin) (Entered: 11/19/2019)

Nov. 19, 2019

Nov. 19, 2019

PACER
18

MOTION for Extension of Time to Respond to Complaint by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA (Bluming, Micah) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER

Set/Reset Deadlines

Nov. 20, 2019

Nov. 20, 2019

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Order on Motion for Extension of Time to

Nov. 20, 2019

Nov. 20, 2019

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MINUTE ORDER: In light of the parties' joint status report, Dkt. 17, the hearing currently set for November 21, 2019 is hereby VACATED. It is further ORDERED that the parties shall file a joint status report on or before December 3, 2019 apprising the Court on the status of the dispute regarding Plaintiffs' November 5, 2019 Emergency Motion for Leave to Conduct Limited Expedited Discovery ("Pending Motion"), Dkt. 10. It is further ORDERED that the Court shall hold the Pending Motion, including Defendants' obligation to oppose, in ABEYANCE. Signed by Judge Randolph D. Moss on 11/20/2019. (lcrdm2, )

Nov. 20, 2019

Nov. 20, 2019

PACER
19

RESPONSE re 18 MOTION for Extension of Time to Respond to Complaint filed by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH. (Banner, Kaitlin) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

RECAP

MINUTE ORDER: Upon consideration of Defendants' motion for extension, Dkt. 18, and Plaintiffs' opposition, Dkt. 19, it is hereby ORDERED that Defendants' motion is GRANTED in part and DENIED in part. Defendant shall file a responsive pleading or motion on the pleadings on or before December 16, 2019. Signed by Judge Randolph D. Moss on 11/22/2019. (lcrdm2, )

Nov. 22, 2019

Nov. 22, 2019

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~Util - Set/Reset Deadlines

Nov. 23, 2019

Nov. 23, 2019

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.Order

Nov. 23, 2019

Nov. 23, 2019

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20

Joint STATUS REPORT re: Emergency Motion for Leave to Conduct Limited Expedited Discovery by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH. (Banner, Kaitlin) (Entered: 12/03/2019)

Dec. 3, 2019

Dec. 3, 2019

RECAP

Notice of QC

Dec. 3, 2019

Dec. 3, 2019

PACER

NOTICE OF ERROR re 20 Status Report; emailed to kaitlin_banner@washlaw.org, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. On future filings, please make sure your signature is on the signature line of you document(s). (ztd, )

Dec. 3, 2019

Dec. 3, 2019

PACER
21

MOTION to Dismiss Plaintiffs' Complaint by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support of Defendants' Motion To Dismiss, # 2 Exhibit A (Declaration of K. Singh Taneja), # 3 Text of Proposed Order)(Bluming, Micah) (Entered: 12/16/2019)

1 Memorandum in Support of Defendants' Motion To Dismiss

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2 Exhibit A (Declaration of K. Singh Taneja)

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3 Text of Proposed Order

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Dec. 16, 2019

Dec. 16, 2019

PACER
22

WITHDRAWAL of Motion by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH For Leave to Conduct Limited Expedited Discovery. (Banner, Kaitlin) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
23

MOTION for Discovery for Jurisdictional Discovery by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH (Banner, Kaitlin) (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

RECAP
24

NOTICE OF PROPOSED ORDER to Add Proposed Order on Motion for Jurisdictional Discovery by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH (Banner, Kaitlin) Modified text on 12/23/2019 (ztd). (Entered: 12/20/2019)

Dec. 20, 2019

Dec. 20, 2019

RECAP
25

Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss Plaintiffs' Complaint by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH (Attachments: # 1 Text of Proposed Order)(Freedman, John) (Entered: 12/26/2019)

1 Text of Proposed Order

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Dec. 26, 2019

Dec. 26, 2019

PACER

MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion to extend, Dkt. 25, it is hereby ORDERED that the motion is GRANTED. Plaintiffs shall file their opposition to Defendants' motion to dismiss, Dkt. 21, on or before January 13, 2020, unless otherwise directed by further order of the Court. Signed by Judge Randolph D. Moss on 12/27/2019. (lcrdm2, )

Dec. 27, 2019

Dec. 27, 2019

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Set/Reset Deadlines

Dec. 28, 2019

Dec. 28, 2019

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Order on Motion for Extension of Time to File Response/Reply

Dec. 28, 2019

Dec. 28, 2019

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26

NOTICE of Appearance by Honey C. Morton on behalf of All Defendants (Morton, Honey) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
27

Memorandum in opposition to re 23 MOTION for Discovery for Jurisdictional Discovery filed by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Bluming, Micah) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

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.Order

Jan. 6, 2020

Jan. 6, 2020

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~Util - Set/Reset Hearings

Jan. 6, 2020

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MINUTE ORDER: Upon consideration of the Plaintiffs' motion for leave to conduct jurisdictional discovery, Dkt. 23, the Court has determined that a motions hearing is appropriate. It is hereby ORDERED that the parties shall appear for a motions hearing on January 22, 2020, at 2:00p.m., in Courtroom 21. Signed by Judge Randolph D. Moss on 01/06/2020. (lcrdm2, )

Jan. 6, 2020

Jan. 6, 2020

PACER
28

Consent MOTION for Extension of Time to File Response/Reply as to 21 MOTION to Dismiss Plaintiffs' Complaint by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH (Attachments: # 1 Text of Proposed Order)(Banner, Kaitlin) (Entered: 01/07/2020)

Jan. 7, 2020

Jan. 7, 2020

PACER
29

REPLY to opposition to motion re 23 MOTION for Discovery for Jurisdictional Discovery filed by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH. (Attachments: # 1 Exhibit Exhibit 1 - Testimony of Barbara J. Bazron)(Banner, Kaitlin) (Entered: 01/10/2020)

1 Exhibit Exhibit 1 - Testimony of Barbara J. Bazron

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Jan. 10, 2020

Jan. 10, 2020

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Order on Motion for Extension of Time to File Response/Reply

Jan. 10, 2020

Jan. 10, 2020

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MINUTE ORDER: Upon consideration of Plaintiffs' unopposed motion for extension, Dkt. 28, it is hereby ORDERED that the motion is GRANTED. Plaintiffs response to Defendants' motion to dismiss, Dkt. 21, shall be due fourteen days after (i) Defendants complete jurisdictional discovery production, or (ii) the Court denies Plaintiff' motion for jurisdictional discovery, Dkt. 23. Signed by Judge Randolph D. Moss on 01/10/2020. (lcrdm2, )

Jan. 10, 2020

Jan. 10, 2020

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30

MOTION to Certify Class by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH (Attachments: # 1 Text of Proposed Order)(Freedman, John) (Entered: 01/21/2020)

1 Text of Proposed Order

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Jan. 21, 2020

Jan. 21, 2020

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31

Exhibit List by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH. (kt) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

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Motion Hearing

Jan. 22, 2020

Jan. 22, 2020

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Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 1/22/2020 re: 23 MOTION for Discovery for Jurisdictional Discovery filed by ENZO COSTA, STEFON KIRKPATRICK, WILLIAM DUNBAR, VINITA SMITH. For the reasons stated on the record, the motion is GRANTED IN PART and DENIED IN PART; Discovery permitted as to items 1, 2, 4, 5, and 6 of Exhibit 1; As to item 8 of Exhibit 1, Plaintiffs' are allowed to serve a request for admission as outlined by the Court on the record. The Court will hold in abeyance Defendants' obligation to respond to Plaintiffs' pending 30 Motion to Certify Class. (Court Reporter: Jeff Hook.) (kt)

Jan. 22, 2020

Jan. 22, 2020

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32

PLAINTIFFS' EXHIBIT (Chart submitted in open court, in support of Plaintiffs' Motion). "Let It Be Filed" by Judge Randolph D. Moss. (kt) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

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33

TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on January 22, 2020. Page Numbers: 1 - 47. Date of Issuance: February 5, 2020. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter refer enced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/26/2020. Redacted Transcript Deadline set for 3/7/2020. Release of Transcript Restriction set for 5/5/2020.(Hook, Jeff) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
34

Joint MOTION for Protective Order by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA (Bluming, Micah) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

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35

PROTECTIVE ORDER: It is hereby ORDERED that the parties shall comply with the terms of the stipulated Protective Order, which the Court adopts in full. See document for details. Signed by Judge Randolph D. Moss on 03/13/2020. (lcrdm2, ) (Entered: 03/13/2020)

March 13, 2020

March 13, 2020

PACER
36

Emergency MOTION for Hearing, MOTION for Leave to File Amended Complaint by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH (Attachments: # 1 Exhibit Proposed Amended Complaint, # 2 Exhibit Redline of Proposed Amended Complaint, # 3 Text of Proposed Order)(Freedman, John) (Entered: 04/16/2020)

1 Exhibit Proposed Amended Complaint

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2 Exhibit Redline of Proposed Amended Complaint

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3 Text of Proposed Order

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April 16, 2020

April 16, 2020

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~Util - Set/Reset Deadlines/Hearings

April 16, 2020

April 16, 2020

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.Order

April 16, 2020

April 16, 2020

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MINUTE ORDER: In light of Plaintiffs' motion for emergency hearing, Dkt. 36, it is hereby ORDERED that the parties shall appear telephonically for a status conference on April 17, 2020 at 12:00pm. The parties shall contact the Court's Deputy Clerk for logistical information concerning appearing telephonically. Signed by Judge Randolph D. Moss on 04/16/2020. (lcrdm2, )

April 16, 2020

April 16, 2020

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Set/Reset Hearings

April 17, 2020

April 17, 2020

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Order on Motion for Miscellaneous Relief

April 17, 2020

April 17, 2020

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~Util - Set/Reset Deadlines/Hearings

April 17, 2020

April 17, 2020

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Status Conference

April 17, 2020

April 17, 2020

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Set/Reset Hearings: Telephonic Status Conference set for 4/17/2020 at 12:00 PM before Judge Randolph D. Moss. (kt)

April 17, 2020

April 17, 2020

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37

Joint MOTION to Reschedule Hearing by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bluming, Micah) Modified event on 4/17/2020 (znmw). (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

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MINUTE ORDER: Upon consideration of the parties' joint motion to reschedule, Dkt. 37, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the status conference currently scheduled for today at noon is RESCHEDULED to April 17, 2020, at 2:00pm. Signed by Judge Randolph D. Moss on 04/17/2020. (lcrdm2, )

April 17, 2020

April 17, 2020

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38

NOTICE of Appearance by Michael Krevans Perloff on behalf of All Plaintiffs (Perloff, Michael) (Entered: 04/17/2020)

April 17, 2020

April 17, 2020

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Status Conference held on 4/17/2020. All parties and the Court appeared via telephone. Plaintiffs shall file their Motion for Temporary Restraining Order by 12 noon on 4/18/2020; Defendants shall file their Response to Plaintiffs' Motion for Temporary Restraining Order by 4:00 PM on 4/21/2020, and their Opposition to Plaintiffs' Motion for Leave to File Amended Complaint by 10:00 AM on 4/21/2020. A Telephonic Motion Hearing is set for 4/22/2020, at 3:30 PM, before Judge Randolph D. Moss. The parties shall utilize the same conference call line and access code. (Court Reporter: Jeff hook.) (kt)

April 17, 2020

April 17, 2020

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39

MOTION for Temporary Restraining Order by ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1. Jones Declaration, # 3 Exhibit 2. Stern Declaration, # 4 Exhibit 3. Golob Declaration, # 5 Exhibit 4. Truettner Declaration, # 6 Exhibit 5. Costa Declaration, # 7 Exhibit 6. Dunbar Declaration, # 8 Exhibit 7. Smith Declaration, # 9 Exhibit 8. Guzman Declaration, # 10 Exhibit 9. Rose Declaration, # 11 Exhibit 10. Mason Declaration, # 12 Exhibit 11. Donkar Declaration, # 13 Text of Proposed Order)(Freedman, John) (Entered: 04/18/2020)

1 Memorandum in Support

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2 Exhibit 1. Jones Declaration

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3 Exhibit 2. Stern Declaration

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4 Exhibit 3. Golob Declaration

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5 Exhibit 4. Truettner Declaration

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6 Exhibit 5. Costa Declaration

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7 Exhibit 6. Dunbar Declaration

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8 Exhibit 7. Smith Declaration

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9 Exhibit 8. Guzman Declaration

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10 Exhibit 9. Rose Declaration

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11 Exhibit 10. Mason Declaration

View on RECAP

12 Exhibit 11. Donkar Declaration

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13 Text of Proposed Order

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April 18, 2020

April 18, 2020

PACER

~Util - Set/Reset Deadlines

April 20, 2020

April 20, 2020

PACER

.Order

April 20, 2020

April 20, 2020

PACER

MINUTE ORDER: In light of the upcoming motion hearing, Defendants are hereby ORDERED to file a notice on or before April 22, 2020, at 10:00 AM, containing the following information: the numbers of persons affiliated with St. Elizabeths Hospital who have been tested for COVID-19 and an anonymized break-down of those results by date of test, test results, housing unit, and status (e.g., resident or staff) and location (e.g., hospitalized, quarantined, general housing) of the person tested; whether all new residents and staff are tested and, if so, when that protocol took effect; and all relevant written procedures and practices concerning COVID-19, including the Emergency Preparedness Plan that was implemented on March 12, 2020. If any of this information could reveal personal medical information relating to an identifiable person, Defendants may file that information, but only that information, under seal. As the Court previously directed, Plaintiffs shall file its reply in support of its motion on or before April 22, 2020, at 12:00 PM. Signed by Judge Randolph D. Moss on 04/20/2020. (lcrdm2, )

April 20, 2020

April 20, 2020

PACER
40

Memorandum in opposition to re 36 Emergency MOTION for Hearing MOTION for Leave to File Amended Complaint filed by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA. (Attachments: # 1 Text of Proposed Order)(Bluming, Micah) (Entered: 04/21/2020)

1 Text of Proposed Order

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April 21, 2020

April 21, 2020

RECAP
41

REPLY to opposition to motion re 36 Emergency MOTION for Hearing MOTION for Leave to File Amended Complaint filed by ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH. (Freedman, John) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
42

Memorandum in opposition to re 39 MOTION for Temporary Restraining Order filed by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Text of Proposed Order)(Bluming, Micah) (Entered: 04/21/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Text of Proposed Order

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April 21, 2020

April 21, 2020

PACER
43

STIPULATION of Dismissal of Plaintiff Stefon Kirkpatrick's Claims by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH. (Banner, Kaitlin) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

RECAP
44

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Memorandum in Support, # 2 Exhibit A Part 1, # 3 Exhibit A Part 2, # 4 Exhibit A Part 3, # 5 Exhibit A Part 4, # 6 Text of Proposed Order)(Bluming, Micah) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

.Order

April 22, 2020

April 22, 2020

PACER

Order on Sealed Motion for Leave to File Document Under Seal

April 22, 2020

April 22, 2020

PACER

Notice of QC

April 22, 2020

April 22, 2020

PACER

~Util - Set/Reset Deadlines

April 22, 2020

April 22, 2020

PACER

Motion Hearing

April 22, 2020

April 22, 2020

PACER
45

RESPONSE TO ORDER April 20, 2020 Minute Order by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA (Attachments: # 1 Exhibit 1 - Patient Data, # 2 Exhibit 2 - Staff Data, # 3 Exhibit 3 - Administrative Issuance)(Morton, Honey) Modified text on 4/22/2020 (ztd). (Entered: 04/22/2020)

1 Exhibit 1 - Patient Data

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2 Exhibit 2 - Staff Data

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3 Exhibit 3 - Administrative Issuance

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April 22, 2020

April 22, 2020

PACER

MINUTE ORDER: Upon consideration of the parties' joint stipulation of dismissal, Dkt. 43, it is hereby ORDERED that the claims of Plaintiff Stefon Kirkpatrick are DISMISSED without prejudice. The Clerk's Office is directed to terminate Plaintiff Kirkpatrick as a party in this case. Signed by Judge Randolph D. Moss on 04/22/2020. (lcrdm2, ) Modified on 4/22/2020 to add clerk's office language (kt).

April 22, 2020

April 22, 2020

PACER
46

REPLY to opposition to motion re 39 MOTION for Temporary Restraining Order filed by ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH. (Attachments: # 1 Exhibit Jones Supplemental Declaration, # 2 Exhibit Stern Supplemental Declaration, # 3 Exhibit Barkenow Declaration, # 4 Exhibit Mason Supplemental Declaration)(Freedman, John) (Entered: 04/22/2020)

1 Exhibit Jones Supplemental Declaration

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2 Exhibit Stern Supplemental Declaration

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3 Exhibit Barkenow Declaration

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4 Exhibit Mason Supplemental Declaration

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April 22, 2020

April 22, 2020

RECAP
47

ENTERED IN ERROR. . . . .NOTICE of additional Exhibit 5, Truettner Supplemental Declaration by ENZO COSTA, WILLIAM DUNBAR, STEFON KIRKPATRICK, VINITA SMITH re 46 Reply to opposition to Motion, (Banner, Kaitlin) Modified on 4/22/2020 (ztd). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP

MINUTE ORDER: There is a strong presumption in favor of public access to judicial records and documents, but that presumption "may be outweighed in certain cases by competing interests." Metlife, Inc. v. Fin. Stability Oversight Council, 865 F.3d 661, 665 (D.C. Cir. 2017). Here, Defendants seek leave to file under seal Saint Elizabeths Hospital's Emergency Preparedness Plan ("EPP"). The EPP contains non -public details about operations at Saint Elizabeths Hospital and how the District plans to maintain operations during various emergency situations, including information about which kinds of patients are kept where, logistics for moving people in emergency situations, and locations of emergency supplies. The Court finds that the public interest in the disclosure of this document is low because little, if any of the EPP's contents bear on the matters being litigated in the case--the Defendants' response to COVID-19. Instead, the EPP's contents pertain to more general emergency preparedness measures. The reason for sealing, in contrast, is compelling. The EPP contains sensitive operational and security details that could be compromised by public disclosure. Accordingly, Defendants' motion for leave to file under seal, Dkt. 44, is hereby GRANTED. The EPP, Dkt. 44-1 (attached exhibits to Dkt. 44), shall be filed under SEAL. Signed by Judge Randolph D. Moss on 04/22/2020. (lcrdm2, ) Modified on 4/23/2020 to add language for the Clerk's Office (kt).

April 22, 2020

April 22, 2020

PACER
48

MEMORANDUM OPINION AND ORDER: It is hereby ORDERED that Plaintiffs' motion to supplement their complaint, Dkt. 36, is GRANTED, and Plaintiffs' supplemental pleading, Dkt. 36-1, is deemed filed. Signed by Judge Randolph D. Moss on 04/22/2020. (lcrdm2, ) Modified on 4/22/2020 to edit document type to "opinion" (kt). (Main Document 48 replaced on 4/22/2020 to correct typo in first sentence.) (kt). (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP
49

NOTICE of Appearance by Margaret Hart on behalf of All Plaintiffs (Hart, Margaret) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

NOTICE OF ERROR re 47 Notice (Other); emailed to kaitlin_banner@washlaw.org, cc'd 17 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. The main document must be the title page Notice of Filing with the case caption etc.. then the declaration as an attachment to the Notice. (ztd, )

April 22, 2020

April 22, 2020

PACER
50

AMENDED COMPLAINT against BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA filed by WILLIAM DUNBAR, VINITA SMITH.(ztd) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Telephonic Motion Hearing held on 4/22/2020 re: 39 MOTION for Temporary Restraining Order filed by ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH. All parties and the Court appeared via telephone. Plaintiffs shall send a records citation to the relevant CDC guidelines, via email, to Defendants tonight; Plaintiffs shall send a list to Defendants by 9:00 AM on 4/23/2020; The parties shall meet and confer, and file a Joint Status Report by 4:00 PM on 4/23/2020. (Court Reporter Jeff Hook.) (kt)

April 22, 2020

April 22, 2020

PACER
51

NOTICE of Filing of additional Exhibit 5 by ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH re 46 Reply to opposition to Motion, (Attachments: # 1 Exhibit Exhibit 5 to ECF 46, Truettner Supplemental Declaration)(Banner, Kaitlin) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
52

SEALED DOCUMENT filed by BARBARA J. BAZRON, MARK J. CHASTANG, DISTRICT OF COLUMBIA. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit A2, # 2 Exhibit A3, # 3 Exhibit A4)(ztd) (Entered: 04/23/2020)

April 22, 2020

April 22, 2020

PACER
53

Joint STATUS REPORT filed on behalf of both parties by ENZO COSTA, WILLIAM DUNBAR, VINITA SMITH. (Attachments: # 1 Exhibit Plaintiffs' Request List, # 2 Exhibit Defendants' Response to Plaintiffs' Request List, # 3 Text of Proposed Order Plaintiffs' Revised Proposed Order)(Freedman, John) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Mental Health (Facility)

Special Collection(s):

COVID-19 (novel coronavirus)

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 23, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Patients in the Saint Elizabeths Hospital, an inpatient mental health facility.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Saint Elizabeths Hospital, State

District of Columbia, State

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2020 - None

Content of Injunction:

Preliminary relief granted

Reporting

Recordkeeping

Issues

General:

Bathing and hygiene

Conditions of confinement

Housing

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Disability and Disability Rights:

Mental impairment

Discrimination-basis:

Disability (inc. reasonable accommodations)

COVID-19:

Mitigation Granted

Mitigation Requested

Type of Facility:

Government-run