![if gte IE 9]><![endif]><![if gte IE 9]><![endif]><![if gte IE 9]><![endif]>
Thank You For Submiting Feedback!
United States District Court for the Eastern District of North Carolina, Western Division
June 11, 2020, Decided; June 11, 2020, Filed
This matter is before the court on motion for temporary restraining order, preliminary injunction, and writ of habeas corpus, filed May 28, 2020, by petitioners/plaintiffs ("petitioners"). (DE 24). Issues raised are ripe for ruling. For the following reasons, petitioners' motion is denied.
STATEMENT OF THE CASE
Petitioners Charles Hallinan ("Hallinan"), Josean Kinard ("Kinard"), Arnold J. Hill ("Hill"), Benjamin D. McRae ("McRae"), John Dailey ("Dailey"), Lee M. Ayers ("Ayers"), George B. Riddick ("Riddick"), Jorge Luis Maldonado ("Maldonado"), Antwan Harris ("Harris"), Anthony Butler ("Butler"), and Troy A. Titus ("Titus"), federal inmates represented by counsel, filed May 26, 2020, petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and class action complaint for injunctive and declaratory relief. Petitioners allege respondents Thomas Scarantino ("Scarantino"), the warden of the Federal Correctional [**3] Complex in Butner, North Carolina ("FCC-Butner"), Michael Carvajal ("Carvajal"), the Federal Bureau of Prisons ("FBOP") director, and Jeffrey Allen ("Allen"), the FBOP medical director, are violating their rights under the Eighth Amendment to the United States Constitution. Specifically, petitioners assert respondents have failed to control the spread of the virus that causes COVID-19 within FCC-Butner, thus exposing them to a substantial risk of contracting the disease.
Petitioners seek to represent a class of similarly situated federal inmates at FCC-Butner and a "medically vulnerable subclass" of inmates over age 50 or who have [*591] certain preexisting health conditions that expose them to greater risk of complications if they contract COVID-19. The petition seeks immediate injunctive and declaratory relief pursuant to 28 U.S.C. §§ 1331, 2201-02, and 2243.
On May 29, 2020, the court completed its initial review of the petition and ordered respondents to file expedited responsive pleading on or before June 3, 2020. On May 30, 2020, petitioners filed the instant motion for temporary restraining order, preliminary injunction, and writ of habeas corpus pursuant to Federal Rule of Civil Procedure 65 and 28 U.S.C. § 2241. Petitioners request that the court immediately order the following relief: 1) order respondents [**4] to identify, within one day, all people incarcerated at FCC-Butner who fit within the medically vulnerable subclass; 2) appoint an expert to determine appropriate categories of release for each subclass member within 48 hours of entering the order or injunction; 3) require release, without quarantining at FCC-Butner, of all persons identified as appropriate for release within 24 hours of creation of the expert list; and 4) order respondents to prepare a COVID-19 mitigation plan to be submitted to the court within 48 hours and overseen by a qualified public health expert pursuant to Federal Rule of Evidence 706.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
466 F. Supp. 3d 587 *; 2020 U.S. Dist. LEXIS 103409 **; 2020 WL 3105094
JOSEAN KINARD, ARNOLD J. HILL, BENJAMIN D. McRAE, JOHN DAILEY, LEE M. AYERS, GEORGE B. RIDDICK, JORGE LUIS MALDONADO, ANTWAN HARRIS, ANTHONY BUTLER, and TROY A. TITUS, on behalf of themselves and similarly situated individuals, Petitioners/Plaintiffs, v. WARDEN THOMAS SCARANTINO, MICHAEL CARVAJAL, and JEFFERY ALLEN, Respondents/Defendants.
Prior History: Riddick v. United States, 995 A.2d 212, 2010 D.C. App. LEXIS 264 (D.C., May 13, 2010)United States v. Dailey, 958 F.3d 742, 2020 U.S. App. LEXIS 14710, 2020 WL 2299640 (8th Cir. Mo., May 8, 2020)United States v. Maldonado, 731 Fed. Appx. 831, 2018 U.S. App. LEXIS 5475, 2018 WL 1136049 (11th Cir. Fla., Mar. 2, 2018)United States v. Neff, 787 Fed. Appx. 81, 2019 U.S. App. LEXIS 26996, 2019 WL 4235218 (3d Cir. Pa., Sept. 6, 2019)Hill v. United States, 600 A.2d 58, 1991 D.C. App. LEXIS 171 (D.C., May 30, 1991)United States v. Ayers, 795 F.3d 168, 417 U.S. App. D.C. 431, 2015 U.S. App. LEXIS 13341, 2015 WL 4590290 (July 31, 2015)United States v. Titus, 475 Fed. Appx. 826, 2012 U.S. App. LEXIS 7507 (4th Cir. Va., Apr. 13, 2012)Harris v. United States, 2014 U.S. Dist. LEXIS 193240 (E.D.N.C., Jan. 23, 2014)
inmates, staff, virus, confinement, quarantine, spread, isolation, testing, sentenced, conditions of confinement, imprisonment, symptoms, declaration, deliberate indifference, incarcerated, petitioners', infections, disease, housing unit, cleaning, habeas corpus, challenging, conditions, distancing, percent, suffers, years old, cognizable, release date, custody