MAG,CASE_SEAL_REVIEWED,DCD,DJOPT
U.S. District Court Western District of Pennsylvania (Pittsburgh) CIVIL DOCKET FOR CASE #: 2:20-cv-00496-CB-CRE

GRAHAM et al v. ALLEGHENY COUNTY et al Assigned to: Judge Cathy Bissoon Referred to: Magistrate Judge Cynthia Reed Eddy Case in other court: Third Circuit, 20-01968 Cause: 42:1983pr Prisoner Civil Rights

Date Filed: 04/08/2020 Jury Demand: None Nature of Suit: 555 Prisoner Civil Rights (Prison Condition) Jurisdiction: Federal Question

Date Filed 04/08/2020
04/09/2020 04/09/2020
04/09/2020 04/09/2020

# Docket Text

COMPLAINT/HABEAS CORPUS against ALLEGHENY

1

COUNTY, ORLANDO HARPER (Filing fee, including

Administrative fee, $400, receipt number 0315-5549914), filed by

MICHAEL GRAHAM, HEATHER CONNOLLY, ALEXUS

DIGGS. (Attachments: # 1 Civil Cover Sheet, # 2 Declaration-

Amon, # 3 Amon, # 4 Declaration-Diggs, # 5 Declaration-Jones,

# 6 Declaration-Graham, # 7 Employees, # 8 Letter from County,

# 9 Declaration-Suggs) (sdp) (Main Document 1 replaced on

4/9/2020) (map) (Entered: 04/09/2020)

2 NOTICE of Appearance by John A. Bacharach on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 04/09/2020)

3 TEXT ORDER - By NOON today, Plaintiffs' counsel is ORDERED to provide a copy of all pleadings in this case to counsel for Defendants and shall file a notification with the Court reflecting that this has been accomplished. It is further ORDERED that all counsel desiring to participate in this litigation must enter their appearances on the docket. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)

4 NOTICE of Appearance by Alexandra T. Morgan-Kurtz on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Morgan-Kurtz, Alexandra) (Entered: 04/09/2020)

5 NOTICE of Appearance by Dennis R. Biondo, Jr on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Biondo, Dennis) (Entered: 04/09/2020)

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6 NOTICE of Appearance by Witold J. Walczak on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Walczak, Witold) (Entered: 04/09/2020)
7 NOTICE of Appearance by Andrew F. Szefi on behalf of ALLEGHENY COUNTY, ORLANDO HARPER. (Szefi, Andrew) (Entered: 04/09/2020)
8 NOTICE of Appearance by Sara Rose on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Rose, Sara) (Entered: 04/09/2020)
9 TEXT ORDER - Telephonic Status Conference set for 4/9/2020 at 03:30 PM before Magistrate Judge Cynthia Reed Eddy. By separate email, all counsel of record will be given instructions on how to participate in the telephone conference. Signed by Chief Magistrate Judge Cynthia Reed Eddy. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)
10 TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 4/9/2020 at 05:00 PM, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/9/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/09/2020)
11 NOTICE of Appearance by Quinn Cozzens on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Cozzens, Quinn) (Entered: 04/09/2020)
12 NOTICE of Appearance by Swain Uber on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Uber, Swain) (Entered: 04/09/2020)
13 CERTIFICATE of Compliance re 1 Complaint/Habeas Corpus by Bret Grote on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM (Grote, Bret) Modified text on 4/16/2020 to add document linkage. (ept) (Entered: 04/09/2020)

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14 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Morgan-Kurtz, Alexandra) (Entered: 04/09/2020)
15 EXHIBITS Declaration of Heather Connolly in Support of 1
Complaint by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 04/09/2020)
16 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 04/09/2020)
Magistrate Judge Cynthia Reed Eddy no longer assigned to case. (jmm) (Entered: 04/09/2020)
Judge Cathy Bissoon presiding and Magistrate Judge Cynthia Reed Eddy referred. (jmm) (Entered: 04/09/2020)
17 NOTICE of Appearance by Quinn Cozzens on behalf of HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Cozzens, Quinn) Document removed from public view and redocketed at 35 . Modified text on 4/16/2020. (ept) (Entered: 04/09/2020)
18 MOTION for Preliminary Injunction by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit) (Grote, Bret) (Entered: 04/09/2020)
19 ORDER re 18 Motion for Preliminary Injunction, filed by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM, Set Response: Defendants' Response to Motion due by 4/15/2020. Signed by Judge Cathy Bissoon on 4/9/20. (jhi) (Entered: 04/09/2020)
20 MOTION for Leave to File Excess Pages in Brief in Support of Preliminary Injunction by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order, # 2 Exhibit) (Grote, Bret) (Entered: 04/09/2020)
21 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/9/2020. (Court Reporter: none) (bsc) (Entered: 04/09/2020)
22 MOTION for attorney Will W. Sachse to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554061) by HEATHER

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CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Sachse, Will) (Entered: 04/09/2020)

23 First MOTION for attorney Jaclyn B. Kurin to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554101) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Affidavit, # 2 Exhibit) (Kurin, Jaclyn) (Entered: 04/09/2020)

24 ORDER granting 22 Motion for Will W. Sachse to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/20. Text-only entry; no PDF document will issue. This textonly entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 04/10/2020)

25 ORDER granting 23 Motion for Jaclyn B. Kurin to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/20. Text-only entry; no PDF document will issue. This textonly entry constitutes the Order of the Court or Notice on the matter. (Eddy, J.) (Entered: 04/10/2020)

26 ORDER granting 20 Motion for Leave to File Excess Pages. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. (nll) (Entered: 04/10/2020)

BRIEF in Support re 18 Motion for Preliminary Injunction, filed by

27

HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL

GRAHAM. (Grote, Bret) (Entered: 04/10/2020)

28 MOTION for attorney Rachel M. Rosenberg to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554648) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Rosenberg, Rachel) (Entered: 04/10/2020)

29 MOTION for attorney Cory A. Ward to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5554799) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Ward, Cory) (Entered: 04/10/2020)

30 TEXT ORDER granting 28 Motion for Rachel M. Rosenberg to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)

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31 TEXT ORDER granting 29 Motion for Cory A. Ward to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This textonly entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)
32 MOTION for attorney Ryan M. Moore to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5555178) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Moore, Ryan) (Entered: 04/10/2020)
33 TEXT ORDER granting 32 Motion for Ryan M. Moore to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/10/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/10/2020)
34 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/10/2020. (Court Reporter: none) (bsc) (Entered: 04/10/2020)
CLERK'S OFFICE QUALITY CONTROL MESSAGE re 17 Notice of Appearance. ERROR: Signature on document and filer do not match or Wrong Document attached CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. This message is for informational purposes only. (jd) (Entered: 04/10/2020)
35 NOTICE of Appearance by Jules Lobel on behalf of MICHAEL GRAHAM. (Lobel, Jules) (Entered: 04/10/2020)
36 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/13/2020. (Court Reporter: none) (bsc) (Entered: 04/13/2020)
37 MOTION for attorney Sozi Pedro Tulante to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5558224) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order) (Tulante, Sozi) (Entered: 04/13/2020)
38 Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/13/2020)

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39 MOTION for attorney David Fathi to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-5558356) by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Declaration of David Fathi, # 2 Exhibit A, # 3 Proposed Order) (Fathi, David) (Entered: 04/13/2020)
40 ORDER granting 38 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 4/21/20. Signed by Judge Cathy Bissoon on 4/13/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/13/2020)
41 TEXT ORDER granting 37 Motion for Sozi Pedro Tulante to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/14/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 04/14/2020)
42 ORDER granting 39 Motion for David Fathi to Appear Pro Hac Vice. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 4/14/2020. Text-only entry; no PDF document will issue. This textonly entry constitutes the Order of the Court or Notice on the matter. (nll) (Entered: 04/14/2020)
43 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/16/2020. (Court Reporter: none) (bsc) (Entered: 04/16/2020)
44 MOTION to Intervene by Frederick Banks. Motion referred to Cynthia Reed Eddy. (Attachments: # 1 Envelope) (ept) (Entered: 04/16/2020)
45 ORDER. Frederick Banks's Motion 44 to intervene is DENIED. The only conceivable and proper role, and scope, of Movant's participation in this lawsuit is as that of a putative class member. The class-certification aspects of this lawsuit having not yet been adjudicated, Movant's request to intervene is premature. See generally United Airlines, Inc. v. McDonald, 432 U.S. 385, 394 (U.S. 1977) (discouraging intervention where allowance "would only... ma[ke] the [movant] a superfluous spectator"). Signed by Judge Cathy Bissoon on 4/16/20. Staff note: On the Court's next business day, a copy of this filing will be sent, via First-Class U.S. Mail, to Movant at the return address listed on his letter of submission (Frederick Banks, 120759 6F, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 15219). Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/16/2020)

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46 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/21/2020. (Court Reporter: none) (bsc) (Entered: 04/21/2020)
47 Unopposed MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction to April 28, 2020 by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/21/2020)
48 ORDER granting 47 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 4/28/20. Signed by Judge Cathy Bissoon on 4/21/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/21/2020)
49 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/22/2020. (Court Reporter: none) (bsc) (Entered: 04/22/2020)
50 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/23/2020. (Court Reporter: none) (bsc) (Entered: 04/23/2020)
IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI) (Entered: 04/26/2020)

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51 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/27/2020. (Court Reporter: none) (bsc) (Entered: 04/27/2020)

52 Consent MOTION for Extension of Time to File Response/Reply as to 18 MOTION for Preliminary Injunction by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 04/27/2020)

53 ORDER granting 52 Defendants' unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion (Doc. 18 ) for a Preliminary Injunction. Defendants' response now is due by 5/5/20. Signed by Judge Cathy Bissoon on 4/28/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/28/2020)

54 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 4/29/2020. (Court Reporter: none) (bsc) (Entered: 04/29/2020)

55 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Status Conference held on 5/1/2020. The parties are to submit a proposed joint case management order by Monday, May 4, 2020 at 10:00 am. (Court Reporter: none) (bsc) (Entered: 05/01/2020)

56 ORDER, a Telephone Status Conference is now set for 5/5/20 at 1:00pm. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. A security code will be emailed to counsel, following the entry of this order. Signed by Judge Cathy Bissoon on 5/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/01/2020)

57 STIPULATED PROTECTIVE ORDER by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Rose, Sara) (Entered: 05/05/2020)

58 Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/5/20. Detailed notes regarding the outcome of this Conference are contained in the paperMinutes associated with this docket entry. (Court Reporter: Karen Earley) (dcd) (Entered: 05/05/2020)

RESPONSE to Motion re 18 MOTION for Preliminary

59

Injunction filed by ALLEGHENY COUNTY, ORLANDO

HARPER. (Attachments: # 1 Proposed Order) (Bacharach, John)

(Entered: 05/05/2020)

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60 ANSWER to 1 Complaint, by ALLEGHENY COUNTY,
ORLANDO HARPER. (Bacharach, John) (Entered: 05/05/2020)

61 ORDER, a Telephonic Status Conference is now set for 5/8/2020 at 02:00 PM before Judge Cathy Bissoon. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 3361831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers. A security code will be emailed to counsel following the entry of this order. Signed by Judge Cathy Bissoon on 5/6/20. Textonly entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/06/2020)

62 NOTICE OF APPEAL as to 45 Order on Motion to Intervene by FREDERICK BANKS. Motion for IFP N/A. Certificate of Appealability N/A. Court Reporter(s): N/A. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. The Transcript Purchase Order form will NOT be mailed to the parties. The form is available on the Court's internet site. (Attachments: # 1 Envelope) (ept) (Entered: 05/06/2020)

63 ORDER re Notice of Appeal 62 filed by Frederick Banks. Even assuming that Mr. Banks presently has a right to appeal the denial of his Motion to Intervene (Doc. 44 ), this Court retains jurisdiction over all matters unrelated thereto. Smith v. Township of Aleppo, 2005 WL 4984381, *2 (W.D. Pa. Aug. 24, 2005); accord Alice L. v. Dusek, 492 F.3d 563, 564 (5th Cir. 2007). Accordingly, all other aspects of this litigation shall proceed unencumbered. Signed by Judge Cathy Bissoon on 5/6/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) Staff note: a copy of today's filings will be sent, via First-Class U.S. Mail, to the filer at the return-address listed on his envelope of submission (Frederick Banks, 120759 6F, Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 152193100). (Entered: 05/06/2020)

ORDER approving 57 Stipulated Protective Order. Signed by Judge

64

Cathy Bissoon on 5/6/20. (dcd) (Entered: 05/06/2020)

65 USCA Case Number 20-1968 for 62 Notice of Appeal, filed by FREDERICK BANKS. USCA Case Manager Carmella (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (cw3) (Entered: 05/07/2020)

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66 Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/8/20. The parties have exchanged drafts of a proposed consent decree/order, and are nearing its finalization. The Court will order a telephonic status conference for Thursday May 14th at 11:15 a.m. to discuss how the case will proceed. (Court Reporter: Karen Earley) (dcd) (Entered: 05/08/2020)
67 ORDER, a Telephone Status Conference is now set for 5/14/20 at 11:15am. Only counsel shall participate and is directed to call USA Toll-Free Number (877) 336-1831. In the event of a prolonged busy signal, counsel is directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers, A security code will be emailed to counsel, following the entry of this order. Signed by Judge Cathy Bissoon on 5/1/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jhi) (Entered: 05/11/2020)
68 ORDER. At the request of counsel, the Telephonic Status Conference set for 5/14/20 at 11:15 a.m. is RESCHEDULED for Wednesday, 5/20/20, at 2:30 p.m. Only counsel shall participate, and participants are directed to call USA Toll-Free Number (877) 3361831. In the event of a prolonged busy signal, counsel are directed to call 404-443-6397. The Access Code is 6058460 for both telephone numbers, and the security code will be the same as previously supplied to counsel on 5/11/20. Signed by Judge Cathy Bissoon on 5/13/20. Text-only entry; no PDF document will issue. This textonly entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 05/13/2020)
FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the

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Court's administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI) (Entered: 05/16/2020)
69 Minute Entry for proceedings held before Judge Cathy Bissoon: Telephonic Status Conference held on 5/20/2020. By 5/22/20, counsel jointly will submit a proposed consent order resolving the preliminary-injunction aspect of this litigation. Assuming and once the Court adopts the order, the case will be handed back to Chief Magistrate Judge Eddy for continued pretrial proceedings. (Court Reporter: Karen Earley) (dcd) (Entered: 05/20/2020)
70 Joint MOTION for Settlement Entry of Consent Order by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Grote, Bret) (Entered: 05/26/2020)
71 ORDER granting 70 Joint Motion for approval of Consent Order. The Consent Order is adopted, with additions in paras. 4 & 17. Signed by Judge Cathy Bissoon on 5/27/20. (dcd) (Entered: 05/27/2020)
72 ORDER. Consistent with the contents of the Consent Order, Plaintiffs' Motion for Preliminary Injunction (Doc. 18 ) is DENIED AS MOOT. Otherwise, the case is returned to Chief Magistrate Judge Cynthia Reed Eddy for pretrial proceedings. Finally, the Court highlights that counsel must be familiar, and prepared to comply, with any and all remaining, applicable provisions of 18 U.S.C. § 3626. Signed by Judge Cathy Bissoon on 5/27/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 05/27/2020)
73 STATUS REPORT TEXT ORDER: On or before June 8, 2020, each side shall file a status report stating its position on the following: (1) what issues remain in the case, and, as mentioned in Judge Bissoon's Order of 5/27/2020, what is the effect of the applicable provisions of 18 U.S.C. § 3636 on those issues; (2) is it anticipated that supplemental briefing will be necessary and, if so, identify on what issues supplemental briefing will be needed; and (3) in light of the Consent Order 71 , is it anticipated that dispositive motions will be filed. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 5/28/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 05/28/2020)
74 STATUS REPORT by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 06/08/2020)

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75 STATUS REPORT by ALLEGHENY COUNTY, ORLANDO HARPER. (Bacharach, John) (Entered: 06/08/2020)
76 INITIAL LOCAL RULE 16.1 SCHEDULING ORDER: Initial Case Management Conference set for 7/14/2020 at 10:30 AM by Zoom Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Video conferencing information will be emailed to the parties. Rule 26 Meeting to be conducted on or before 6/30/2020. Rule 26 Meeting Report, Proposed Case Management Order and ADR Stipulation due by 7/9/2020 as more fully set forth in the attached order. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 6/11/2020. (nll) (Entered: 06/11/2020)
77 REPORT of Rule 26(f) Planning Meeting. (Grote, Bret) (Entered: 06/29/2020)
78 Proposed Case Management Order by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Kurin, Jaclyn) (Entered: 07/14/2020)
79 Minute Entry for proceedings held before Magistrate Judge Cynthia Reed Eddy: Telephonic Initial Case Management Conference held on 7/14/2020. The conference will reconvene on July 23, 2020 at 10:30 AM. The parties are to resubmit their FRCP 23(f) report using the Joint Report Of The Parties (Class Action), https://www.pawd.uscourts.gov/sites/pawd/files/Rule-26-f-classaction20161101.pdf. The revised report shall be filed by July 21, 2020. (Court Reporter: none) (bsc) (Entered: 07/14/2020)
Set/Reset Scheduling Order Deadlines: Initial case management conference will reconvene on 7/23/2020 at 10:30 AM before Chief Magistrate Judge Cynthia Reed Eddy. Counsel will be emailed instructions on dial-in information. (bsc) (Entered: 07/14/2020)
80 TEXT ORDER - Counsel are reminded that their FRCP 23(f) report using the Joint Report Of The Parties (Class Action), https://www.pawd.uscourts.gov/sites/pawd/files/Rule-26-f-classaction20161101.pdf was to be be filed by July 21, 2020. See ECF 79 - Minutes from Telephonic Initial Case Management Conference. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 7/22/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 07/22/2020)
82 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Status Conference held on 7/23/2020. A Status Conference is set for 8/11/2020 02:00 PM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Please see attached entry for deadlines. (Court Reporter: none) (cmc) (Entered: 07/23/2020)

07/27/2020 07/27/2020 08/02/2020
08/04/2020 08/11/2020 08/11/2020
08/17/2020

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 81 Report of Rule 26(f) Planning Meeting. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (mao) (Entered: 07/27/2020)
83 Errata re 81 Report of Rule 26(f) Planning Meeting by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Reason for Correction: Signature on the document did not match filer's name.. (Attachments: # 1 Fed.R.Civ.P. 26(f) Joint Report of the Parties) (Kurin, Jaclyn) (Entered: 07/27/2020)
84 TEXT ORDER - During the status conference held on 7/23/2020, the Court ordered Plaintiffs' counsel to submit on or before July 30, 2020, a brief regarding the need of an expert on class certification or in lieu of submitting a brief, if plaintiffs' counsel determines that an expert on class certification is not necessary, to submit a status report to that effect and amend their 26(f) report by the same deadline. See Minute Entry filed 7/23/2020 82 . To date, Plaintiffs' counsel has not complied with this order. Counsel will be given an extension until 8/4/2020 to comply with the Court's order of 7/23/2020. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 8/2/2020. Text-only entry; no PDF document will issue. This textonly entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 08/02/2020)
85 REVISED REPORT of Rule 26(f) Planning Meeting. (Grote, Bret) Modified document title on 8/5/2020 (bsc). (Entered: 08/04/2020)
86 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Status Conference held on 8/11/2020, as more fully detailed in the attached entry. (Court Reporter: none) (cmc) (Entered: 08/11/2020)
87 CASE MANAGEMENT ORDER: Amended Pleadings due by 8/24/2020; Class-certification discovery due by 10/23/2020; ADR process to be complete by 11/6/2020; Stipulation selecting ADR process is due 8/31/2020; Mid-discovery Video Status Conference set for 11/16/2020 at 10:00 a.m. by Video before Chief Magistrate Judge Cynthia Reed Eddy; Plaintiff's Motion for class-certification due by 11/20/2020; Defendant's Response to Motion due by 12/20/2020; Plaintiff's Reply brief due by 1/10/2021. Oral Argument on class-certification set for 2/25/2021 at 10:30 AM in Courtroom 10A before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 8/11/2020. (cmc) (Entered: 08/11/2020)
88 ORDER. Plaintiffs' counsel have contacted the undersigned's Chambers, requesting a telephonic conference to discuss allegations

08/24/2020 08/24/2020
08/31/2020 09/01/2020

of noncompliance with the Consent Order (Doc. 71 ). Although Plaintiffs' counsel are correct that the Consent Order generally directs the parties to contact Chambers before proceeding to motions-practice, the Court's review of Plaintiffs' written summary of grievances reveals them not to be amenable to informal resolution. In addition, there is no indication that the parties have engaged the carefully-drawn procedures for resolving claims of noncompliance, detailed in paragraphs 11-13 of the Consent Order. The parties shall engage those procedures, and Defendants' date-of-notice is deemed to be today, the date of this Order. If engagement in the aforementioned procedures does not result in a resolution, Plaintiffs may file a motion to enforce and/or for contempt, without further request for a telephonic conference. Signed by Judge Cathy Bissoon on 8/17/20. Text-only entry; no PDF document will issue. This textonly entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 08/17/2020)
89 First MOTION Extend Consent Order re 71 Order on Motion for Settlement by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Grote, Bret) (Entered: 08/24/2020)
90 ORDER granting 89 Plaintiffs' unopposed Motion to extend the Consent Order (Doc. 71 ). The Consent Order issued on 5/27/20 hereby is extended an additional 90 days, until and including 11/23/20. Signed by Judge Cathy Bissoon on 8/24/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 08/24/2020)
91 STIPULATION selecting ADR process by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (MorganKurtz, Alexandra.) 9/1/2020 - Verified with Plaintiffs' counsel that FREDERICK BANKS was incorrectly linked in the document. Modified on 9/1/2020 (bsc). (Entered: 08/31/2020)
92 ORDER re 87 Case Management Order: The due date to complete the ADR process has been extended to 11/16/2020. The date and time of the Mid-Discovery Status Conference has been changed to 11/24/2020 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. All other deadlines set forth in the Case Management Order remain in full force and effect. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 9/1/2020. Textonly entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) (Entered: 09/01/2020)

09/22/2020 10/16/2020 10/21/2020
10/23/2020 10/23/2020 11/20/2020

Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Status Conference held on 9/22/2020 with Bret Grote and John Bacharach. Parties shall exchange information discussed during conference by 9/30/2020. Parties shall correspond with the Court regarding status of discussions by 10/2/2020. (Court Reporter: none) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (cmc) (Entered: 09/22/2020)
93 Joint MOTION for Extension of Time to Complete Discovery by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Morgan-Kurtz, Alexandra) (Entered: 10/16/2020)
94 TEXT ORDER granting in part 93 the parties' Joint MOTION for Extension of Time to Complete Discovery. It is ORDERED that the deadline to complete class certification discovery is extended to January 18, 2021. However, the mediation session shall proceed as scheduled on 11/18/2020 and, likewise, the status conference scheduled for 11/24/2020 at 10:00 AM will proceed as scheduled. The parties are ORDERED to submit to the Court by 11/19/2020 proposed dates for the filing of (i) Plaintiffs' motion for class certification, memorandum in support, and all supporting evidence; (ii) Defendants' memorandum in opposition to class certification, and all supporting evidence; and (iii) Plaintiffs' reply memorandum in support of class certification. No further extensions of time are envisioned. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 10/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bsc) (Entered: 10/21/2020)
Set/Reset Hearings: Status Conference set for 11/24/2020 10:00 AM in Video Conference before Magistrate Judge Cynthia Reed Eddy. (cmc) (Entered: 10/23/2020)
95 CERTIFIED ORDER of USCA in lieu of formal MANDATE as to 62 Notice of Appeal, filed by FREDERICK BANKS dismissing case, pursuant to F.R.A.P. 3(a) and LAR 3.3 and Misc. 107.1(a), for failure to pay the filing fee for the notice of appeal (lr3) (Entered: 10/23/2020)
96 Unopposed MOTION Extend and Modify Consent Order by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Morgan-Kurtz, Alexandra) (Entered: 11/20/2020)

11/23/2020 11/23/2020 11/24/2020 11/24/2020
02/22/2021 02/22/2021 03/02/2021 03/03/2021 03/03/2021

97 NOTICE of Proposed Class Certification Deadlines by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM (Grote, Bret) (Entered: 11/23/2020)
98 ORDER granting 96 Motion Extend and Modify Consent Order, as requested in the Motion. Signed by Judge Cathy Bissoon on 11/23/20. (dcd) (Entered: 11/23/2020)
99 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Status Conference held on 11/24/2020, as more fully set forth in the attached entry. (Court Reporter: none) (cmc) (Entered: 11/24/2020)
100 TEXT ORDER re 97 Notice filed by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. IT IS HEREBY ORDERED that the following deadlines are set relating to class certification filings: Plaintiffs' motion, memorandum and evidence in support of class certification due on or before 3/4/2021; Defendants' opposition brief and evidence in support thereof due on or before 4/18/2021; and Plaintiffs' reply brief due on or before 5/9/2021. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 11/24/2020. Text-only entry; no PDF document will issue. This textonly entry constitutes the Order of the Court or Notice on the matter. (cmc) (Entered: 11/24/2020)
101 Third MOTION to Extend Consent Order by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Grote, Bret) (Entered: 02/22/2021)
102 ORDER granting 101 Plaintiffs' unopposed Motion to extend the Consent Order (subject to the single agreed-upon modification referenced in Plaintiffs' Motion). The Consent Order is extended through 5/21/21. Signed by Judge Cathy Bissoon on 2/22/21. (dcd) (Entered: 02/22/2021)
103 STIPULATION to Class Certification by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Attachments: # 1 Proposed Order) (Grote, Bret) (Entered: 03/02/2021)
104 ORDER approving and adopting 103 Stipulation to Class Certification, defining the class and subclasses. Signed by Judge Cathy Bissoon on 3/3/21. (dcd) (Entered: 03/03/2021)
105 ORDER : A Status Conference is scheduled for 3/11/2021 at 02:15 PM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/3/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) (Entered: 03/03/2021)

03/11/2021 03/11/2021

106 MOTION to Modify 71 Order on Motion for Settlement by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Kurin, Jaclyn) (Entered: 03/11/2021)

BRIEF in Support re 106 Motion to Modify filed by HEATHER

107

CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM.

(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit,

03/11/2021 03/11/2021
03/11/2021 03/12/2021 03/18/2021 03/18/2021

# 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit) (Kurin, Jaclyn) Modified on 3/17/2021 to remove Exhibit A from public view as it was redocketed as an Errata at 111 (lar). (Entered: 03/11/2021)
108 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Status Conference held on 3/11/2021, as more fully set forth in the attached entry. (Court Reporter: none) (cmc) (Entered: 03/11/2021)
109 ORDER: The parties shall file a joint Proposed Amended Case Management Order by 3/24/2021. A Status Conference is scheduled for 3/25/2021 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/11/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) (Entered: 03/11/2021)
110 ORDER Response re 106 Plaintiffs' Motion to Modify Consent Order. Defendants shall respond by 3/19/21. Signed by Judge Cathy Bissoon on 3/11/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 03/11/2021)
111 Errata re 107 Brief in Support of Motion, by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. Reason for Correction: Ex. A, Decl. of Dr. William Weber was missing the signature page. (Attachments: # 1 Exhibit) (Kurin, Jaclyn) (Entered: 03/12/2021)
112 MOTION for Extension of Time to File Response/Reply as to 106 MOTION to Modify 71 Order on Motion for Settlement by ALLEGHENY COUNTY, ORLANDO HARPER. Motion(s) referred to Cynthia Reed Eddy. (Attachments: # 1 Proposed Order) (Bacharach, John) (Entered: 03/18/2021)
113 ORDER granting 112 Defendants' consented Motion to extend response deadline re Motion at 106 . The deadline now is 3/26/21.

03/24/2021 03/24/2021 03/24/2021 03/25/2021 03/25/2021
03/25/2021

Signed by Judge Cathy Bissoon on 3/18/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 03/18/2021)

114 STIPULATION re 106 MOTION to Modify 71 Order on Motion for Settlement by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Attachments: # 1 Proposed Order) (Grote, Bret) (Entered: 03/24/2021)

115 Proposed Case Management Order Joint by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Grote, Bret) (Entered: 03/24/2021)

ORDER approving 114 stipulated modifications to the Consent

116

Order. Signed by Judge Cathy Bissoon on 3/24/21. (dcd) (Entered:

03/24/2021)

117 Minute Entry for proceedings held before Chief Magistrate Judge Cynthia Reed Eddy: Status Conference held on 3/25/2021. (Court Reporter: none) (cmc) (Entered: 03/25/2021)

CASE MANAGEMENT ORDER: Fact Discovery due by

118

8/20/2021; Plaintiff Expert Reports due by 9/20/2021; Defendant

Expert Reports due by 10/20/2021; Expert Depositions to be

completed by 11/20/2021; Motions for Summary Judgment due by

12/20/2021; Responses to Motions for Summary Judgment due by

1/20/2022; and Replies due by 2/3/2022, as more fully set forth in

the attached Order. Signed by Chief Magistrate Judge Cynthia Reed

Eddy on 3/25/2021. (cmc) (Entered: 03/25/2021)

119 ORDER: The following schedule is set forth for Status Conferences in this matter to occur through the end of June, with the parties to submit a joint status report prior to each conference, as indicated: Status Conference set for 4/26/2021 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy, with Joint Status Report due by 4/21/2021; Status Conference set for 5/27/2021 @ 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy, with Joint Status Report due by 5/21/2021; and Status Conference set for 6/24/2021 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy, with Joint Status Report due by 6/18/2021. Based on the Joint Status Report, the Court at its discretion may cancel the upcoming conference if it appears that one is not necessary. Counsel may also indicate in the report if they feel a conference is not needed. An Order will be entered after the June 24, 2021 conference setting future conference dates, if the Court and the parties determine it is necessary. Signed by Chief Magistrate Judge Cynthia Reed Eddy on 3/25/2021. Text-only entry; no PDF document will issue.

04/20/2021
04/21/2021 05/03/2021

This text-only entry constitutes the Order of the Court or Notice on the matter. (cmc) (Entered: 03/25/2021)
120 ORDER denying as moot 106 Motion to Modify Consent Order. See
Order filed at 116 (approving stipulated modifications to the same). Signed by Judge Cathy Bissoon on 4/20/21. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dcd) (Entered: 04/20/2021)
121 Joint STATUS REPORT by HEATHER CONNOLLY, ALEXUS DIGGS, MICHAEL GRAHAM. (Kurin, Jaclyn) Modified on 4/22/2021 (lar). (Entered: 04/21/2021)
Set/Reset Hearings: Status Conference set for 5/27/2021 at 10:00 AM by Video Conference before Chief Magistrate Judge Cynthia Reed Eddy. (cmc) (Entered: 05/03/2021)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

:

MICHAEL GRAHAM; ALEXUS DIGGS; :

and HEATHER CONNOLLY, on behalf of :

themselves and all others similarly situated, :

:

Plaintiffs-Petitioners,

:

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO

:

HARPER, Warden of Allegheny County Jail, :

: Defendants-Respondents.

Case No. 20-496
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

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INTRODUCTION 1. Petitioner-Plaintiffs are three individuals held at Allegheny County Jail (“ACJ”) who have a serious pre-existing medical condition which the United States Centers for Disease Control has determined puts them at significantly higher risk of severe disease and death if they contract COVID-19. They claim that the conditions of confinement now existing at ACJ create a heightened and unreasonable risk of contracting COVID-19 for any person confined at the jail and a substantial risk of severe illness or death for those who are elderly and/or medically vulnerable to COVID-19. They bring this class action claim seeking immediate release of all individuals 55 and older and those with medical conditions that place them at heightened risk of severe illness or death from COVID-19, which would both remove these individuals from a life threatening situation at the jail and permit social distancing measures recommended by the Centers for Disease Control (CDC) and other public health officials to be implemented for those remaining at the jail. Plaintiffs also seek injunctive relief to require Defendants to comply with recommended safety and health measures to prevent the spread of the virus for those confined at the jail, which they are unconscionably not now implementing. For example, Defendant Harper blatantly disregarded those recommendations when, after the release of 600 people from the jail, has closed an entire floor of ACJ, consolidating, rather than distancing, the remaining population at ACJ. 2. Prisons and jails are quickly becoming the epicenter of COVID-19 in cities throughout the country, including New York, Chicago and Philadelphia. ACJ is poised to join these ignoble ranks due to the congregate nature of jails, exacerbated by ACJ’s unnecessary crowding, inadequate sanitation, denial of hygiene products and non-existent quarantine procedures. The current conditions at ACJ create an extreme risk for rapid, uncontrollable spread
2

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of COVID-19 throughout the facility with grave outcomes for both the incarcerated population

and the surrounding communities.

3. A substantial number of people currently held at ACJ face serious risks of life-

threatening injury due to their age and/or underlying medical conditions. Issuing a writ of habeas

corpus, a foundational element of the constitutional order, is both a proper and essential action to

prevent unnecessary loss of life.

4. For those who remain incarcerated at ACJ, conditions must be substantially altered

to accord with the Centers for Disease Control (CDC) recommendations for social distancing and

enhanced sanitation and hygiene practices. Defendants must immediately be enjoined to eliminate

double-celling; provide adequate hygiene supplies; ensure that increased sanitation practices

conform to CDC standards; conduct recreation and meal service in a manner that allows for

appropriate social distancing; and require the use of Personal Protective Equipment (PPE) for staff

and all incarcerated people.

5. Accordingly, Petitioners/Plaintiffs, on behalf of classes of persons incarcerated at

the ACJ, bring this action and request immediate release of all Petitioners/Plaintiffs and medically

vulnerable individuals, coupled with appropriate support and conditions upon release, as informed

by public health expertise. If this Court does not grant immediate release on the basis of this

Petition-Complaint, Petitioners/Plaintiffs request a hearing as soon as possible. Given the

exponential spread of COVID-19, there is no time to spare.

I.

JURISDICTION AND VENUE

6. Petitioners/Plaintiffs bring this putative class action pursuant to 22 U.S.C. § 2241,

42 U.S.C. § 1983, 28 U.S.C. §§ 2201, 2202, and the Americans with Disabilities Act, 42 U.S.C.

3

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§§ 12101 et seq. (“ADA”), for relief from both detention and conditions of confinement that violate their Fourteenth Amendment rights under the U.S. Constitution.
7. This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C. § 2241 (habeas corpus), 28 U.S.C. § 1651 (All Writs Act), Article I, § 9, cl. 2 of the U.S. Constitution (Suspension Clause), 28 U.S.C. § 1343(a) (civil rights jurisdiction), and 28 U.S.C. § 1331 (federal question jurisdiction).
8. This Court is the appropriate venue pursuant to 28 U.S.C. § 1391(b)(2) because the events and omissions giving rise to the claims occurred in the Western District of Pennsylvania.

II.

PARTIES

9. Plaintiff Michael Graham is a 38-year-old man currently held as a pretrial detainee

at ACJ on a probation detainer and non-violent criminal charges. Mr. Graham has been diagnosed

with asthma and hepatitis C, conditions that have substantially limited his respiratory and digestive

systems, making him a qualified individual with a disability under the ADA. His underlying health conditions place him at high risk of severe illness or death if he contracts COVID-19.1

10. Plaintiff Alexus Diggs is a 24-year-old woman currently held as a pretrial detainee

at ACJ on a probation detainer and a misdemeanor charge. Ms. Diggs has been diagnosed with

hypertension, a condition that has substantially limited her circulatory system, making her a

qualified individual with a disability under the ADA. Her underlying health conditions place her at increased risk of severe illness or death if she contracts COVID-19.2

1 Exhibit A, Expert Declaration of Dr. Joseph Amon, Ph.D. MSPH, ¶ 15. Dr. Amon is an infectious disease epidemiologist, Director of Global Health and Clinical Professor in the department of Community Health and Prevention at the Drexel Dornsife School of Public Health with past experience as an epidemiologist in the Epidemic Intelligence Service of the U.S. Center for Disease Control and Prevention. 2 Id. at ¶ 12.
4

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11. Plaintiff Heather Connolly is a 49-year-old woman currently held as a pretrial detainee at ACJ on a probation detainer and additional non-violent misdemeanor and summary charges. Ms. Connolly has been diagnosed with hepatitis C, a condition that has substantially limited her digestive system, making her a qualified individual with a disability under the ADA. Her underlying health conditions place her at high risk of severe illness or death if she contracts COVID-19.3
12. Defendant Allegheny County is a county government organized and existing under the laws of the Commonwealth of Pennsylvania. Allegheny County controls and operates ACJ through Defendant Warden Orlando Harper. Allegheny County currently has immediate custody over Plaintiffs Graham, Diggs, and Connolly and all other putative class members.
13. Defendant Orlando Harper is the Warden at ACJ. Defendant Harper currently has immediate custody over Plaintiffs Graham, Diggs, and Connolly and all other putative class members. Defendant Harper is a policymaker for Allegheny County. Defendant Harper is sued in his official capacity.

III.

FACTUAL ALLEGATIONS

COVID-19 Poses a Significant Risk of Illness, Injury, and Death 14. We are in the midst of the most significant pandemic in generations.4 The lethality

rate of Coronavirus Disease 19 (“COVID-19”), the serious respiratory disease caused by this

3 Id. at ¶ 11. 4 John M. Barry, The Single Most Important Lesson from the 1918 Influenza, New York Times (March 17, 2020), https://cutt.ly/PtQ5uAZ (Opinion piece by author of “The Great Influenza: The Story of the Deadliest Pandemic in History,” noting comparison between current COVID-19 outbreak and the 1918 influenza outbreak widely considered one of the worst pandemics in
5

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coronavirus, is estimated to be between 1 and 6%: about tenfold higher than that observed from a
severe seasonal influenza that kills thousands a year.5 As of 12 p.m. on April 5, 2020, there were
11,510 confirmed cases of COVID-19 in Pennsylvania and 150 deaths.6 In Allegheny County,
there were 642 cases and 4 deaths as of April 6, 2020.7 These numbers likely underestimate the
impact and spread of the virus, given the lack of testing.8 The virus is spreading exponentially.9
In fact, the number of confirmed COVID-19 cases in Allegheny County jumped 16% just between
April 3 and April 4, 2020.10 Without effective public health interventions, CDC projections
history). 5 As of April 6, 2020, there were 1,289,380 confirmed cases globally, with 70,590 deaths and 270,372 recoveries. Johns Hopkins University of Medicine, Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering at Johns Hopkins University, https://cutt.ly/StEyn2U.; Exhibit A, Expert Declaration of Dr. Jonathan Louis Golob, M.D., ¶4. Dr. Golob is an Assistant Professor at the University of Michigan School of Medicine in Ann 5 As of April 6, 2020, there were 1,289,380 confirmed cases globally, with 70,590 deaths and 270,372 recoveries. Johns Hopkins University of Medicine, Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering at Johns Hopkins University, https://cutt.ly/StEyn2U.; Exhibit A, Expert Declaration of Dr. Jonathan Louis Golob, M.D., ¶4. Dr. Golob is an Assistant Professor at the University of Michigan School of Medicine in Ann Arbor, Michigan, and a specialist in infectious diseases and internal medicine with a subspeciality in infections in immunocompromised patients. 6 Amon Decl. ¶ 5. 7 https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx. 6 Amon Decl. ¶ 5. 7 https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx. 7 https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx. 8 Amon Decl. ¶ 5. 9See Golob Decl. ¶ 2; Amon Decl. ¶ 5 (“There has been an exponential increase in cases and deaths in Pennsylvania over the past three weeks with the number of people infected increasing, on average by 32% every day.”)10 Paul Peirce, Allegheny County reports 3rd covid-19 death, 16% jump in confirmed coronavirus cases in one day, Trib Live (April 4, 2020), https://triblive.com/local/pittsburgh-allegheny/allegheny-county-reports-third-covid-19-death16-jump-in-confirmed-coronavirus-cases-in-one-day/11 Golob Decl. ¶ 11. 10 Paul Peirce, Allegheny County reports 3rd covid-19 death, 16% jump in confirmed coronavirus cases in one day, Trib Live (April 4, 2020), https://triblive.com/local/pittsburghallegheny/allegheny-county-reports-third-covid-19-death-16-jump-in-confirmed-coronaviruscases-in-one-day/11 Golob Decl. ¶ 11.
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indicate about 200 million people in the United States could be infected over the course of the epidemic, with as many as 1.5 million deaths in the most severe projections.11
15. The virus is known to spread from person to person through respiratory droplets, close personal contact, and from contact with contaminated surfaces and objects.12 There is no vaccine against COVID-19, and there is no known medication to prevent or treat infection.13 Social distancing—deliberately keeping at least six feet of space between persons to avoid spreading illness14—and a vigilant hygiene regimen, including washing hands frequently and thoroughly with soap and water, are the only known measures for protecting against transmission of COVID19.15 Because the coronavirus spreads among people who do not show symptoms, staying away from people is the best way to prevent infection.16 In other words, everyone—including the staff at ACJ—has to act as if everyone has the disease.
16. COVID-19 can cause severe damage to lung tissue, including a permanent loss of respiratory capacity, and it can damage tissues in other vital organs, such as the heart and liver.17
17. People over the age of fifty face a greater risk of serious illness or death from COVID-19.18 In a February 29, 2020 preliminary report, individuals age 50-59 had an overall
11 Golob Decl. ¶ 11. 12 Amon Decl. ¶ 16 13 Id. at ¶6; Golob Decl. ¶ 10. 14Golob Decl. ¶10. 15 Id. 16 Amon Decl. ¶ 18. 17 Golob Decl. ¶9. 18 Golob Decl. ¶14; see also Amon Decl. ¶ 9 (observing that “those ≥54 years could be considered high risk for severe disease and death.”
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mortality rate of 1.3%; 60-69-year-olds had an overall 3.6% mortality rate, and those 70-79 years old had an 8% mortality rate.19
18. People of any age are also at an elevated risk if they suffer from certain underlying medical conditions, including lung disease, heart disease, chronic liver or kidney disease (including hepatitis and dialysis patients), diabetes, epilepsy, hypertension, compromised immune systems (such as from cancer, HIV, or autoimmune disease), blood disorders (including sickle cell disease), inherited metabolic disorders, stroke, developmental delay, or asthma.20 An early report from the World Health Organization (“WHO”) estimated the mortality rate of 13.2% for COVID19 patients with cardiovascular disease, 9.2% for diabetes, 8.4% for hypertension, 8.0% for chronic respiratory disease, and 7.6% for cancer.21
19. In many people, COVID-19 causes fever, cough, and shortness of breath.22 Most people in higher risk categories who develop serious illness will need advanced support.23 This requires highly specialized equipment like ventilators that are in limited supply, and an entire team of care providers, including 1:1 or 1:2 nurse to patient ratios, respiratory therapists, and intensive care physicians.24
20. The need for care, including intensive care, and the likelihood of death, is much higher from COVID-19 infection than from influenza.25 According to recent estimates, the fatality
19 Age, Sex, Existing Conditions of COVID-19 Cases and Deaths Chart, https://cutt.ly/ytEimUQ (data analysis based on WHO China Joint Mission Report). 20 Amon Decl. ¶8; Golob Decl. ¶3, 14. 21 Report of the WHO-China Joint Mission on Coronavirus Disease 2019 (COVID-19), World Health Organization (Feb. 28, 2020), at 12, https://cutt.ly/xtEokCt. 22 Golob Decl. ¶5. 23 Id. at ¶8. 24 Id. 25 Id. at ¶ 4.
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rate of people infected with COVID-19 is about ten times higher than a severe seasonal influenza, even in advanced countries with highly effective health care systems.26 For people in the highest risk populations, the fatality rate of COVID-19 infection is about 15 percent.27 Patients who do not die from serious cases of COVID-19 may face prolonged recovery periods, including extensive rehabilitation from neurologic damage, loss of digits, and loss of respiratory capacity.28
The Release of Medically Vulnerable People is Necessary to Reduce the Grave and Immediate Danger that COVID-19 Will Result in Serious Harm or Death at ACJ 21. People in congregate environments—places where people live, eat, and sleep in close proximity—face increased danger of coronavirus infection and COVID-19, as already evidenced by the rapid spread of the virus in cruise ships and nursing homes.29 It is virtually impossible for people who are confined in prisons, jails, and detention centers as presently constituted and run to engage in the necessary social distancing and hygiene required to mitigate the risk of transmission of the disease.30 22. Correctional settings further increase the risk of contracting COVID-19 because of the concentration of people with chronic, often untreated, illnesses in a setting with minimal levels of sanitation, limited access to personal hygiene, limited access to medical care, presence of many high-contact surfaces, and no possibility of staying at a distance from others.31 23. Jails have generally proven to be incapable of implementing CDC recommendations, and incarcerated people are already dying nationwide as a result, including
26 Id. 27 Id. 28 Id. 29 Id. at ¶ 12; Amon Decl. ¶ 23. 30 See Amon Decl. at ¶ 23; Golob Decl. ¶ 13. 31 Amon Decl. ¶¶ 22-23, 26, 40;
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eight deaths of individuals incarcerated at two federal Bureau of Prisons facilities.32 This is
demonstrated by dramatic outbreaks in the Cook County Jail and Rikers Island in New York City,
where the transmission rate for COVID-19 is estimated to be the highest in the world.33
24. Outbreaks of the flu regularly occur in jails; during the H1N1 epidemic in 2009,
jails and prisons dealt with a disproportionately high number of cases.34
25. Numerous public health experts, including Dr. Amon35, Dr. Golob36, Dr. Gregg
Gonsalves,37 Ross MacDonald,38 Dr. Marc Stern,39 Dr. Oluwadamilola T. Oladeru and Adam
Beckman,40 Dr. Anne Spaulding,41 Homer Venters,42 the faculty at Johns Hopkins schools of
32 See Amon Decl. ¶ 31, 33; COVID-19 Coronovirus, Federal Bureau of Prisons, https://cutt.ly/itRSDNH; see also, e.g., Lara Salahi, 2nd Mass. Inmate Dies of Coronavirus, NBC Boston (April 5, 2020); Josiah Bates, New York’s Rikers Island Jail Sees First Inmate Death From COVID-19, Time (April 6, 2020); Megan Crepeau and Jason Meisner, Cook County Jail detainee dies of COVID-19, Chicago Tribune (April 7, 2020 6:30 a.m.).33 Amon Decl. ¶ 31; Golob Decl. ¶ 12. 33 Amon Decl. ¶ 31; Golob Decl. ¶ 12. 34 See, e.g., Golob Decl., ¶ 13. This H1N1 “swine flu” pandemic outbreak spread dramatically in jails and prisons in 2010, but that strain of virus had a low fatality rate because of the characteristics of the virus—COVID-19’s fatality rate is far higher. See David M. Reutter, Swine Flu Widespread in Prisons and Jails, but Deaths are Few (Feb. 15, 2010), https://cutt.ly/ytRSkuX. 35 Amon Decl. ¶¶ 22-23, 34, 46. 36 Golob Decl. ¶¶ 13-14. 37 Kelan Lyons, Elderly Prison Population Vulnerable to Potential Coronavirus Outbreak, Connecticut Mirror (March 11, 2020), https://cutt.ly/BtRSxCF. 38Craig McCarthy and Natalie Musumeci, Top Rikers Doctor: Coronavirus ‘Storm is Coming,’ New York Post (March 19, 2020), https://cutt.ly/ptRSnVo. 39 Marc F. Stern, MD, MPH, Washington State Jails Coronavirus Management Suggestions in 3 “Buckets,” Washington Assoc. of Sheriffs & Police Chiefs (March 5, 2020), https://cutt.ly/EtRSm4R. 40 Oluwadamilola T. Oladeru, et al., What COVID-19 Means for America’s Incarcerated Population – and How to Ensure It’s Not Left Behind, (March 10, 2020), https://cutt.ly/QtRSYNA. 41 Anne C. Spaulding, MD MPDH, Coronavirus COVID-19 and the Correctional Jail, Emory Center for the Health of Incarcerated Persons (March 9, 2020). 42 Madison Pauly, To Arrest the Spread of Coronavirus, Arrest Fewer People, Mother Jones (March 12, 2020), https://cutt.ly/jtRSPnk.
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nursing, medicine, and public health,43 and Josiah Rich44 have all strongly cautioned that people booked into and held in jails are likely to face serious, even grave, harm due to the outbreak of COVID-19.
26. The only viable strategy to combat the spread of COVID-19 and prevent serious harm or death to class members is risk mitigation.45 Even with the most comprehensive plan to address the spread of COVID-19 in detention facilities, the release of individuals who can be considered at high-risk of severe disease if infected with COVID-19 is a key part of a risk mitigation strategy.46 Immediate release of the medically vulnerable population not only protects them from transmission of COVID-19, but also allows for greater risk mitigation for people held or working in the jail and the broader community.47
27. Release of the most vulnerable people from custody also reduces the burden on the region’s health care infrastructure by reducing the likelihood that an overwhelming number of people will become seriously ill from COVID-19 at the same time.48
43 Letter from Faculty at Johns Hopkins School of Medicine, School of Nursing, and Bloomberg School of Public Health to Hon. Larry Hogan, Gov. of Maryland, March 25, 2020, https://cutt.ly/stERiXk. 44 Amanda Holpuch, Calls Mount to Free Low-risk US Inmates to Curb Coronavirus Impact on Prisons, The Guardian (March 13, 2020 3:00 p.m.), https://cutt.ly/itRSDNH. 45 See Amon Decl. ¶ 43. 46 Id. 47 See id. at ¶ 46. 48 See id. at ¶ 41; This is especially important in Allegheny County as the county is already projected to face an unprecedented shortage of hospital beds in intensive care units. Krirs B. Maula and Anya Litvak, Study: Pittsburgh region has far fewer hospital beds than needed for moderate COVID-19 outbreak Pittsburgh Post-Gazette (March 22, 2020 6:00 a.m.) https://www.postgazette.com/business/healthcare-business/2020/03/22/harvard-global-health-institute-univeristyPittsburgh-COVID-19-outbreak-hospital-beds/stories/202003180109.
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28. In the United States, jail administrators in Cuyahoga County, Ohio49; Los Angeles,
California50; San Francisco, California51; Jefferson County, Colorado52; Montgomery, Alabama53;
and the State of New Jersey,54 among others, have concluded that widespread jail release is a
necessary and appropriate public health intervention.
29. Notwithstanding a population reduction of approximately 600 people in the last
month from ACJ and the limited measures that Allegheny County has taken to prevent the
introduction of COVID-19, immediate release of the medically vulnerable population remains a
necessary public health intervention.55 Petitioners/Plaintiffs are at an increased risk of developing
serious complications from coronavirus infection and COVID-19 due to their underlying medical
conditions.56 Release is needed not only to prevent irreparable harm to members of the medically
vulnerable subclass, but also to reduce the incarcerated population at ACJ sufficiently to ensure
proper social distancing, which will reduce the likelihood of infection for all class members and
the wider public.57
49 Scott Noll, Cuyahoga County Jail Releases Hundreds of Low-Level Offenders to Prepare for Coronavirus Pandemic, (March 20 2020 6:04 p.m.), https://cutt.ly/CtRSHkZ. 50 Alene Tchekmedyian, More L.A. County Jail Inmates Released Over Fears of Coronavirus Outbreak, L.A. Times, (March 19, 2020 6:55 p.m.), https://cutt.ly/ltRSCs6. 51 Megan Cassidy, Alameda County Releases 250 Jail Inmates Amid Coronavirus Concerns, SF to Release 26, San Francisco Chronicle (March 20, 2020), https://cutt.ly/0tRSVmG. 52 Jenna Carroll, Inmates Being Released Early From JeffCo Detention Facility Amid Coronavirus Concerns, KDVR Colorado (March 19, 2020 2:29 pm.), https://cutt.ly/UtRS8LE. 53 See In Re: COVID-19 Pandemic Emergency Response, Administrative Order No. 4, Montgomery County Circuit Court (March 17, 2020). 54 Erin Vogt, Here’s NJ’s Plan for Releasing Up to 1,000 Inmates as COVID-19 Spreads (March 23, 2020), https://cutt.ly/QtRS53w. 55 See Amon Decl. ¶ 43. 56 Id. at ¶¶ 10-15. 57 Id at ¶ 45 (“Reducing the overall number of individuals in detention facilities will facilitate social distancing for remaining detainees[.]”). Further, in the prison context, the American Bar Association (ABA) urges that, “Governmental authorities in all branches in a jurisdiction should
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C. The Current Conditions of Confinement at ACJ Exacerbate the Extreme and Imminent Danger Faced by Class Members of Contracting and Possibly Dying from COVID-19 30. Even in the best of times, ACJ, like many urban detention facilities, is beset with health problems and staffing challenges. Ominously, however, officials there have exacerbated and increased the risks to the health and life of class members during the current pandemic by maintaining unconstitutional conditions of confinement that will increase the risk of class members contracting COVID-19. 31. More than 600 detainees have been released from the Allegheny County Jail over the past month in recognition that coronavirus and COVID-19 pose significant risks in a jail. But Defendants-Respondents have not taken advantage of that release to implement social distancing recommendations to keep detainees at least six feet apart. Remarkably, they have done just the opposite. Failing to heed the unanimous recommendations of public health experts, DefendantsRespondents have actually consolidated the remaining incarcerated population by moving them closer together.58 32. Defendants-Respondents are placing two detainees to a cell, even though empty cells remain on the open floors. 33. Defendants-Respondents have shuttered two entire floors of the jail instead of using the cells on those floor to single cell prisoners and keep them a safe distance apart.59
take necessary steps to avoid crowding that… adversely affects the … protection of prisoners from harm, including the spread of disease.” ABA Standard on Treatment of Prisoners 23-3.1(b). 58 Bob Mayo, First on 4: 1500 Allegheny County Jail Inmates not being spread out, despite release of 700 (Apr 2, 2020), https://www.wtae.com/article/first-on-4-1500-allegheny-county-jailinmates-not-being-spread-out-despite-release-of-700/32018165# (quoting email from Defendant Harper noting that first floor had been closed “late last week”). 59 The seventh floor housing pods have not been in use since prior to the emergence of the COVID19 threat.
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34. On information and belief, Defendants-Respondents have reduced staffing levels at ACJ as a result of the population decrease.
35. The actions of Defendants-Respondents are undermining one of the primary purposes of the county courts’ release efforts, namely, to open up space inside the jail to enable safe social distancing.
36. On information and belief, at this time, the majority of occupied cells at ACJ currently house two people, even though empty cells remain available, both on currently open pods as well as on the pods ACJ recently closed.60
37. The cells at ACJ are not big enough to allow cellmates to stay six feet apart. The beds are bunk-style, and the remainder of the cell contains a desk, toilet, and a sink.61
38. Meals are distributed on the pod and eaten at tables in the dayroom. Up to 100 people may be on the pod during meals. Even on those pods where only half of the population is released for meals at one time, there are typically 40-50 people out together. The tables on the pod are small, approximately 4 square feet, which means people are forced to eat more closely together than recommended.62
39. Likewise, up to 100 people recreate together, many in close contact. Group recreation is continuing. Some pods very recently began to split recreation, but even that measure leaves 40-50 people in close contact and not able to the maintain six-foot distance between them.63
60 See Exhibit C, Declaration of Alexus Diggs, at ¶¶ 4, 15; Exhibit D, Declaration of Heather Connolly at ¶¶ 5, 14, 17; Exhibit E, Declaration of Larnell Jones, at ¶ 9; Exhibit F, Declaration of Michael Graham, at ¶¶ 16-17; Exhibit G, Declaration of Terry Suggs at ¶¶ 8, 10. 61 Connolly Decl. ¶ 6; Suggs Decl. ¶ 9. 62 Suggs Decl. ¶¶ 11, 13; Jones Decl. ¶¶ 11, 13; Graham Decl. ¶¶ 14-15; Amon Decl. ¶26. 63 Suggs Decl. ¶¶ 11-12; Jones Decl. ¶¶ 11-12; Graham Decl. ¶ 15.
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40. People are also crowded together at the communal phones, standing elbow-toelbow with others when making calls. As visitation has been suspended, these phone calls are the only means remaining for individuals to communicate quickly with their worried families. Phones are not being disinfected or in any way sanitized between the calls.64
41. Showers are shared by people housed on the unit, and they are not disinfected between uses, increasing the chances of transmission.65
42. There is currently no COVID-19 testing performed on ACJ employees.66 This presents a daily risk of introduction of coronavirus into ACJ. Upon information and belief, ACJ is taking staff members’ temperature upon their entrance to the jail, but the possibility of asymptomatic transmission means that monitoring fever of staff or detainees is inadequate to identify all who may be infected and thereby reduce the risk of transmission.67 This is also true because not all individuals infected with COVID-19 present with fever in early stages of infection.68
43. The lack of proven cases of COVID-19 where there is little to no testing is functionally meaningless to determine if there is a risk for COVID-19 transmission both in the jail and in the community. In other jurisdictions where testing has been made available to correctional
64 Suggs Decl. ¶ 16; Jones Decl. ¶ 16-18; Graham Decl. ¶ 15. 65 Connolly, Decl. ¶ 20; Suggs Decl. ¶ 17; Jones Decl. ¶ 1; Graham Decl. ¶ 17; Diggs Decl. ¶ 18. 66 Exhibit H, Allegheny County Jail, Continuing of Operations Plan: COVID-19 (Updated), March 30, 2020, at 3-4 (describing employee screening involving temperature taking and questions, then noting that for employees who cannot work with a fever, “Testing can also be arranged through the Allegheny County Health Department.”) 67 Amon Decl. ¶ 29. 68 Id. (“The possibility of asymptomatic transmission means that monitoring fever of staff or detainees is inadequate for identifying all who may be infected and preventing transmission.”).
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officers who enter and leave facilities regularly, the rates of infection are high.69 These officers are further vectors of the virus: like detainees, they may be asymptomatic while still contagious.
44. At least one corrections officer has tested positive for COVID-19 and several others have been isolated as a result.70 On information and belief, ACJ has made absolutely no effort to identify, notify, or isolate incarcerated detainees who may also have come in contact with any of those corrections officers.
45. On information and belief, corrections officers who are exhibiting respiratory symptoms and fever are still interacting with and escorting incarcerated people in the jail.
46. ACJ’s existing intake and isolation procedures are grossly inadequate to prevent COVID-19 in the facility.71 For example, a 57-year-old man who was recently admitted to the jail spent only four days in intake before placement in a general housing pod with a medically vulnerable cellmate.72
47. ACJ staff also have not provided basic but critical information or education to the incarcerated population about COVID-19.73 Indeed, no staff even informed the incarcerated population about COVID-19 until March 31st or April 1st.74 These belated communications did not include any medical information for the population about COVID-19, its symptoms, the reason for social distancing (or even what the term means), the need to increase personal hygiene, the fact
69 Amon Decl. ¶¶ 31-33. 70 Paula Reed Ward, Jail employee tests positive for COVID-19, Pittsburgh Post-Gazette (March 28, 2020 9:06 a.m.) https://www.post-gazette.com/news/crime-courts/2020/03/28/Jail-employeetests-positive-for-COVID-19/stories/202003280036. 71 See Exhibit H at 4-5; Amon Decl. ¶¶ 29-30. 72 Suggs Decl. ¶ 8. 73 Diggs Decl. ¶7; Connoly Decl. ¶ 16; Jones Decl. ¶¶ 14-15; Graham Decl. ¶8; Suggs Decl. ¶¶ 1415. 74 Diggs Decl. ¶¶ 7-13.
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that people can be asymptomatic carriers, or the importance of reporting symptoms consistent with COVID-19 as soon as they are experienced.75
48. In fact, Plaintiffs Diggs and Connolly had not heard the term “social distancing” before speaking with counsel on Saturday, March 28.76
49. As of April 1, reports emerged that some staff finally began to order incarcerated people to maintain a six-foot distance from each other or staff.77
50. On April 1, Defendant Harper came onto pod 4F and personally ordered everybody to stand six-feet apart or else they would all be locked down.78 He was questioned about doublecelling and group recreation and meals but only responded by saying he will not discuss “technicalities.”79
51. Neither the detainees nor staff are required to wear masks. Upon information and belief, not all detainees have been provided with masks, and those detainees who have been issued masks have not been instructed on their effective and adequate use.80 Defendants-Respondents did not provide staff or incarcerated people with any personal protective equipment (PPE), including masks, until Saturday, April 4.81 Staff passed out these masks with bare hands and did not provide people with instructions on how to put them on and remove them, or use them effectively.82 Detainees are not required to wear masks, and neither are staff.83
75 Id. 76 Id. at ¶ 7; Connolly Decl. ¶ 16. 77 See e.g., Diggs Decl. ¶¶ 9-13. 78 Id. 79 Id. 80 Id. 81 Connolly Decl. ¶ 18; Graham Decl. ¶ 18. 82 Connolly Decl. ¶ 18; Graham Decl. ¶ 18. 83 Id.
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52. On information and belief, staff have previously been specifically instructed NOT to wear masks within the facility, to avoid causing concern in the incarcerated population. At least one corrections officers was recently disciplined by Defendant Harper for refusal to conduct searches of cells without a mask.
53. Defendants-Respondents permits detainees access to only one bar of soap and one roll of toilet paper per week.84 This rationing has been inadequate to meet peoples’ needs.85 For example, Plaintiff Graham has been without a bar of soap since April 1st, and another detainee reported that a fight broke out in his housing pod over limited toilet paper after somebody had run out.86
54. Further, Defendants-Respondents have not consistently or effectively increased sanitation measures at ACJ since the onset of COVID-19, with people reporting that cleaning of common areas depends on the staff on duty, as not all staff carry out enhanced cleaning measures.87
55. Incarcerated people are denied access to cleaning supplies for their own cells.88 Cleaning is supposed to happen weekly, but this does not regularly occur.89
56. ACJ medical services are woefully inadequate to address a significant COVID-19 outbreak at the jail. As of February 26, 2020, the jail had 48 health care vacancies out of an expected health care staff of approximately 136 full and part-time positions.90 That means around
84 Diggs. Decl. ¶ 14 (noting that staff recently confiscated second rolls of toilet paper); Graham Decl. ¶ 16; Suggs Decl. ¶ 20. 85 Diggs. Decl. ¶ 14 (ran out of toilet paper); Graham Decl. ¶16 (ran out of soap); Suggs Decl. ¶ 22 (“People have run out of toilet paper in the middle of the week and have taken to using request forms to wipe themselves.”). 86 Graham Decl. ¶ 16; Suggs Decl. ¶¶ 20-22. 87 Connolly Decl.¶ 21; Diggs Decl. ¶ 19; Graham Decl. ¶ 19. 88 Diggs Decl. ¶ 17; Connolly Decl. ¶ 19; Jones ¶ 20; Graham Decl. ¶19; Suggs Decl. ¶ 18. 89 Suggs Decl. ¶18. 90 Exhibit I, ACJ Employees List & ACJ Health Vacancies.
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one-third of all health care positions at the jail are vacant, though the situation may be even worse
due to the substantial number of leadership and full-time positions that are vacant. These vacancies
include the Health Services Administrator, the Director of Nursing, 6 full time Licensed Practical
Nurses (LPN); 2 part-time LPNs; 4 full-time Medical Assistants; 3 part-time Medical Assistants;
6 full-time Registered Nurses; 8 part-time Registered Nurses; 2 full-time Assistant Directors of Nursing; 2 full-time Administrative Assistants.91 This shortage of medical staff results in often delayed medical care at the jail.92
57. Even prior to the pandemic, delayed and denied medical care was a chronic problem
at ACJ. These systemic failings are only worsened by the extensive care required by COVID-19.
58. Defendants-Respondents fail to adequately treat and quarantine individuals presenting with COVID-19 symptoms.93 Individuals report remaining in their cells, with cellmates, receiving infrequent visits and temperature checks from healthcare staff.94
59. For example, Plaintiff Connolly began feeling ill in mid-March and felt slightly feverish for 7-10 days.95
91 Id. 92 Health care staffing assessment based on data obtained from the Jail Oversight Board on vacancies and current employees and attached as Ex. H. 93 Ex. H at 11 (“Individuals will remain locked in their cells and separated from the general population…. If an individual is diagnosed with COVID-19, medication pass will be conducted at their cell door.” and noting that inmate will be provided with a mask only when they are sick enough to require transport to a hospital.); see Amon Decl. ¶35 (“In cases where there are confirmed or suspected cases of COVID-19, the CDC recommends medical isolation, defined by the CDC confining the case “ideally to a single cell with solid walls and a solid door that closes” to prevent contact with others and to reduce the risk of transmission. Individuals in isolation should also be provided their own bathroom space.”); ¶¶ 37-38 (noting that incarcerated people should wear face masks “at all times” when in close contact of suspected cases). 94 See Connolly Decl. ¶¶ 4-9. 95 Id. at ¶ 4.
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60. Nonetheless, she only had her temperature taken once during this time, on March

22, when she was found to have a slightly elevated fever. She was subsequently locked in her cell, with her cellmate, for three days.96

61. While locked in her cell she never again had her temperature taken, although she continued to feel feverish.97

62. During this time Ms. Connolly felt other adverse health symptoms, including shortness of breath, nausea resulting in vomiting, and loss of appetite.98

63. care.99

Ms. Connolly was never taken to the infirmary, or otherwise provided any medical

64. Ms. Connolly also reported that her cellmate had a high fever and was suffering extreme shortness of breath. Her cellmate was eventually taken to the infirmary.100

65. No further precautions were taken for those confined on her pod or who otherwise had interaction with either Ms. Connolly or her cellmate.101

66. Another person was moved into Ms. Connolly’s cell shortly after her cellmate was taken to the infirmary. Her new cellmate has a colostomy bag and serious medical conditions.102

96 Id. at ¶ 5. 97 Id. at ¶ 7. 98 Id. at ¶ 8. According to a study published in The American Journal of Gastroenterology, digestive symptoms, including vomiting and loss of appetite appeared in slightly more than 50% of a cohort of 204 patients diagnosed with Covid-19. See “Covid-19: ‘digestive symptoms are common’, Maria Cohut, March 20, 2020, https://www.medicalnewstoday.com/articles/covid-19digestive-symptoms-are-common. 99 Connolly Decl. ¶ 9. 100 Id. at ¶ 11. 101 Id. at ¶ 13. 102 Id. at ¶ 14.
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67. The cell was not cleaned or disinfected prior to her new cellmate’s arrival.103

68. 19.104

Despite displaying these symptoms, Ms. Connolly was never tested for COVID-

69. Similarly, putative class member Terry Suggs, a 35-year-old man held as a pretrial

detainee at ACJ on nonviolent charges, had a fever last week and was not seen by medical staff

for over 5 days. When he was finally seen, medical staff said the fever was caused by his high blood pressure.105

70. Mr. Suggs has been diagnosed with asthma, diabetes and hypertension, conditions

that have substantially limited his respiratory, digestive and circulatory systems, placing him at high risk of severe illness or death if he contracts COVID-19.106

71. Medical staff did not provide any follow up care to Mr. Suggs and did not take his temperature again.107

72. Mr. Suggs was not placed in isolation and no precautions were taken for those who were confined on the same pod or who otherwise had interaction with Mr. Suggs.108

73. Given the near insurmountable burden that COVID-19 has placed on healthcare

systems across the world, there is a near-certain risk that ACJ’s under-resourced healthcare staff

will be overwhelmed by COVID-19.

103 Id. 104 Id. at ¶ 15. 105 Suggs Decl. ¶ 24. 106 Amon Decl. ¶ 14. 107 Id. 108 Id.
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74. Defendants-Respondents have failed to respond to and manage the continued risk of harm posed by the COVID-19 outbreak by following public health guidelines from the Centers for Disease Control and Prevention (“CDC”).109 The guidelines require: (a) providing all incarcerated persons a six-foot radius (113 ft2) or more of distance from any other persons, including during meals, transportation, court sessions, recreation, counts, and all other activities; (b) instituting a safety plan to prevent a COVID-19 outbreak in the ACJ in accordance with CDC guidelines; (c) making sanitation solutions readily available, without charge, for the purposes of cleaning cell, dormitory, laundry, and eating areas, including sufficient antibacterial soap, and lifting any ban on alcohol-based hygiene supplies (e.g. hand sanitizer, cleaning wipes); (d) providing adequate and appropriate COVID-19 testing for incarcerated persons, jail staff, and visitors; (e) waiving all medical co-pays for those experiencing COVID-19 like symptoms; and (f) providing sufficient personal protective equipment, particularly masks, and to all staff and incarcerated people.110

IV.

CLASS ACTION ALLEGATIONS

75. Plaintiffs Graham, Diggs, and Connolly bring this action pursuant to Rule 23 of the

Federal Rules of Civil Procedures on behalf of themselves and a class of similarly situated

individuals.

76. Plaintiffs Graham, Diggs, and Connolly seek to represent a class of all current and

future detainees held in custody at ACJ (“Class”), including two subclasses: (1) persons who, by

109 Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidancecorrectional-detention.html. 110 Amon Decl. ¶¶ 24-25, n. 29.
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reason of age or medical condition, are particularly vulnerable to injury or death if they were to contract COVID-19 (“Medically-Vulnerable Subclass”), and (2) persons who, by reason of their disability, are particularly vulnerable to injury or death if they were to contract COVID-19 (“Disability Subclass).
77. The “Medically Vulnerable” subclass is defined as all current and future persons held at ACJ who are 55 and older,111 as well as all current and future persons held at ACJ of any age who have been diagnosed with: (a) lung disease, including asthma, chronic obstructive pulmonary disease (e.g. bronchitis or emphysema), or other chronic conditions associated with impaired lung function; (b) heart disease, such as congenital heart disease, congestive heart failure and coronary artery disease; (c) chronic liver or kidney disease (including hepatitis and dialysis patients); (d) diabetes or other endocrine disorders; (e) epilepsy; (f) hypertension; (g) compromised immune systems (such as from cancer, HIV, receipt of an organ or bone marrow transplant, as a side effect of medication, or other autoimmune disease); (h) blood disorders (including sickle cell disease); (i) inherited metabolic disorders; (j) history of stroke; (k) a developmental disability; and/or (l) a current or recent (last two weeks) pregnancy. All plaintiffs represent the Medically Vulnerable Subclass.
78. The “Disability” subclass is defined as all current and future persons held at ACJ who have a physical impairment that substantially limits one or more of their major life activities and who are at increased risk of COVID-19 illness, injury, or death due to their disability or any medical treatment necessary to treat their disability, including but not limited to those who have been diagnosed with: (a) lung disease, including asthma, chronic obstructive pulmonary disease
111 Amon Decl. ¶ 9. 23

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(e.g. bronchitis or emphysema), or other chronic conditions associated with impaired lung function; (b) heart disease, such as congenital heart disease, congestive heart failure and coronary artery disease; (c) chronic liver or kidney disease (including hepatitis and dialysis patients); (d) diabetes or other endocrine disorders; (e) epilepsy; (f) hypertension; (g) compromised immune systems (such as from cancer, HIV, receipt of an organ or bone marrow transplant, as a side effect of medication, or other autoimmune disease); (h) blood disorders and/or (i) developmental disability.112 All plaintiffs represent the Disability Subclass.
79. This action has been brought and may properly be maintained as a class action under Federal law. It satisfies the numerosity, commonality, typicality, and adequacy requirements for maintaining a class action under Fed. R. Civ. P. 23(a).
80. Joinder is impracticable because (1) the classes are numerous; (2) the classes include unidentifiable future members; and (3) the class members are incarcerated, rendering their ability to institute individual lawsuits limited, particularly in light of the cessation of legal visitation and court closures in Allegheny County.
81. On information and belief, there are at least 1700 people in the proposed Pretrial Class. The information as to the exact size of the class and sub-class and the identity of the individuals therein are in the exclusive control of the Defendants.
82. Common questions of law and fact exist as to all members of the proposed classes: All have the right to receive adequate COVID-19 prevention, testing, and treatment.
112 The disability subclass is separate and apart from the medically vulnerable class as age, and some conditions within the medically vulnerable class, such as pregnancy, are not factors that place a person under the ambit of the ADA’s protections.
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83. Plaintiffs’ claims are typical of the members of the class because Plaintiffs and all class members are injured by the same wrongful acts, omissions, polices, and practices of Defendants-Respondents as described in this Complaint. Plaintiffs’ claims arise from the same practices and courses of conduct that give rise to the claims of the class members, and are based on the same legal theories.
84. Plaintiffs Graham, Diggs, and Connolly have the requisite personal interest in the outcome of this action and will fairly and adequately protect the interests of the class. They have no interests adverse to the interests of the proposed class. They retained pro bono counsel with experience and success in the prosecution of civil rights litigation. Counsel for Plaintiffs know of no conflicts among proposed class members or between counsel and proposed class members.
85. Defendants have acted on grounds generally applicable to all proposed class members, and this action seeks declaratory and injunctive relief. Plaintiffs Graham, Diggs, and Connolly therefore seek class certification under Rule 23(b)(2).
86. In the alternative, the requirements of Rule 23(b)(1) are satisfied, because prosecuting separate actions would create a risk of inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of contact for the party opposing the proposed classes.

V.

CLAIMS FOR RELIEF

FIRST CLAIM FOR RELIEF

Unconstitutional Conditions of Confinement in Violation of the Fourteenth Amendment to the U.S. Constitution
42 U.S.C. § 1983/28 U.S.C. § 2241 Class & Medically Vulnerable Subclass versus All Defendants
87. Under the Fourteenth Amendment, corrections officials are required to provide for

the reasonable health and safety of persons in pretrial custody. Youngberg v. Romeo, 457 U.S. 307,

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315–16, 324 (1982)). Correctional officials thus have an affirmative obligation to protect persons in their custody from infectious disease. Officials violate incarcerated individuals’ rights when they are deliberately indifferent to conditions of confinement that are likely to cause them serious illness and that pose an unreasonable risk of serious damage to their future health. Helling v. McKinney, 509 U.S. 25, 33-34 (1993)
88. Defendants-Respondents’ actions in confronting the COVID-19 threat have been worse than deliberately indifferent. Defendants-Respondents have misused the opportunity provided by Allegheny County courts in reducing its population by 600 people. Rather than take advantage of the additional space to operationalize the recommended social distancing, Defendants-Respondents have consolidated incarcerated persons, thereby intentionally increasing risk of likely contagion and the severe resulting health consequences.
89. Moreover, ACJ, as currently operated, is unable to comply with public health guidelines to prevent an outbreak of COVID-19, and Defendants-Respondents have not and cannot provide for the safety of the Class. Defendants-Respondents have not taken appropriate steps to test for, treat, or prevent COVID-19 outbreaks, and Defendants-Respondents are unable to protect the sub-class of medically vulnerable inmates from serious harm caused by COVID-19, in violation of their constitutional obligation to provide humane conditions of confinement for the Class.
90. Accordingly, Defendants have violated the rights of the Class under the Fourteenth Amendment.
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SECOND CLAIM FOR RELIEF Unconstitutional Punishment in Violation of the Fourteenth Amendment to the U.S.
Constitution 42 U.S.C. § 1983/28 U.S.C. § 2241 Class & Medically Vulnerable Subclass versus All Defendants 91. Under the Fourteenth Amendment, persons in pretrial custody have greater due process protections than those convicted and therefore cannot be punished as part of their detention. Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979). A Defendant has punished Plaintiffs when the conduct is either not rationally related to a legitimate, non-punitive governmental purpose or excessive in relation to that purpose. 92. Even assuming that Defendants-Respondents’ spacing and provision of medical services inside ACJ normally serves the legitimate, non-punitive purpose of health and safety of detained persons, ACJ, as currently operated, has been deliberately indifferent to and is unable to comply with public health guidelines to prevent an outbreak of COVID-19. Therefore, continuing to detain Class members under conditions of confinement that are inconsistent with COVID-19specific guidance from public health experts is not rationally related to, and excessive in relation to, that purpose. 93. Accordingly, Defendants have violated the rights of the Class under the Fourteenth Amendment.
THIRD CLAIM FOR RELIEF Violation of the Americans with Disabilities Act
42 U.S.C. §§ 12101 et seq Disability Subclass versus Defendant Allegheny County 94. Title II of the ADA requires public entities, like ACJ, to reasonably accommodate people with disabilities in all programs and services for which people with disabilities are otherwise qualified.
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95. Plaintiffs, and other members of the Class, are qualified individuals with a disability under the meaning of the ADA.
96. Access to medical treatment and safe conditions of confinement are programs or services that ACJ must provide to incarcerated people for purposes of the ADA.
97. Defendants intentionally discriminate against people with disabilities by intentionally denying them reasonable accommodations recommended by the CDC and necessary to protect themselves from COVID-19.
98. If the population is reduced to allow for adequate social distancing, reasonable accommodations recommended by the CDC and necessary to protect people with disabilities include, but are not limited to: single celling, provision of cleaning supplies, access to soap to facilitate handwashing, and staggered dining and recreation times in numbers that permit social distancing.
99. Failing to provide these reasonable accommodations is illegal discrimination under the ADA entitling Plaintiffs and members of the Disability Subclass to injunctive and declaratory relief.

VI.

REQUEST FOR RELIEF

100. Plaintiffs/Petitioners Graham, Diggs, and Connolly and Class Members

respectfully request that the Court order the following:

1. Certification of this Petition as a Class Action. 2. A preliminary injunction, permanent injunction, and/or writs of habeas corpus requiring
Defendants-Respondents to immediately release all Medically Vulnerable Subclass Members, absent proof of recorded judicial findings that the individual poses a risk of flight

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or danger to others that no other conditions can mitigate, and ordering that DefendantsRespondents provide these individuals with educational resources on COVID-19, including instructions that they should self-isolate for the CDC-recommended period of time (currently 14 days) following release. 3. A preliminary injunction directing any further action required to release Class Members outside the Medically Vulnerable Subclass to ensure that all remaining persons are incarcerated in Allegheny County Jail under conditions consistent with CDC guidance to prevent the spread of COVID-19, including requiring that all persons be able to maintain six feet or more of space between them. 4. A preliminary injunction enjoining Defendants-Respondents from confining more than one person in a cell until such time as the danger of contagion from COVID-19 recedes sufficiently to lift social distancing requirements. 5. A preliminary injunction directing Defendant-Respondents to submit a plan to the Court within five days, to be overseen by a qualified public health expert pursuant to Fed. R. Evid. 706, which outlines:
a. Specific mitigation efforts, in line with CDC guidelines, to significantly reduce the risk of contraction of COVID-19 by all Class Members not immediately released;
b. A housing and/or public support plan for any released Class or Subclass Members whose testing confirms they have been exposed to or infected with COVID-19 and who do not readily have a place to self-isolate for the CDC-recommended period of time (currently 14 days); and
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c. An evaluation of whether the release of the Subclass Members permits social distancing and whether other categories of prisoners must be released to provide for compliance with CDC guidelines.
6. If immediate release is not granted on the basis of this Petition alone, then expedited review of the Petition, including an evidentiary hearing and/or oral argument, via telephonic or videoconference if necessary.
7. A declaration that Defendants-Respondents policies violate the Fourteenth Amendment rights to reasonable safety and to be free from punishment prior to conviction with respect to the Class and/or Medically Vulnerable Subclass.
8. A declaration that Defendants-Respondents’ policies violate the Americans with Disabilities Act with respect to the Disability Subclass.
9. An award of Petitioners/Plaintiffs’ attorney fees and costs under 42 U.S.C. § 1988, 42 U.S.C. § 12205, and other applicable law.
10. Any further relief this Court deems just and appropriate.
Dated: April 7, 2020
Respectfully submitted, /s/ Alexandra Morgan-Kurtz Alexandra Morgan-Kurtz, Esq. PA ID No. 312631 Pennsylvania Institutional Law Project 100 Fifth Ave, Ste. 900 Pittsburgh, Pa 15222 T: (412) 434-6175 amorgan-kurtz@pailp.org
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/s/ Bret Grote Bret D. Grote, Esq. PA ID No. 317273 /s/ Quinn Cozzens Quinn Cozzens, Esq. PA ID No. 323353 /s/ Jaclyn Kurin* Jaclyn Kurin, Esq. D.C. Bar ID No. 1600719 /s/ Jules Lobel,* Jules Lobel, Esq. Of Counsel N.Y. Bar No. 1262732 /s/ Swain Uber Swain Uber, Esq. Of Counsel PA I.D. No. 323477 Abolitionist Law Center P.O. Box 8654 Pittsburgh, PA 15221 T: (412) 654-9070 bretgrote@abolitionistlawcenter.org qcozzens@alcenter.org jkurin@alcenter.org jll4@pitt.edu swain.uber@gmail.com
*pro hac vice admission pending
/s/ Sara J. Rose Sara J. Rose, Esq. PA ID No.: 204936 /s/ Witold J. Walczak Witold J. Walczak, Esq. PA ID No.: 62976 American Civil Liberties Union of Pennsylvania PO Box 23058 Pittsburgh, PA 15222 T: (412) 681-7864 (tel.) F: (412) 681-8707 srose@aclupa.org vwalczak@aclupa.org
David C. Fathi* dfathi@aclu.org
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AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL PRISON PROJECT 915 15th Street N.W. 7th Floor Washington, DC 20005 (202) 548-6603
*Not admitted in DC; practice limited to federal courts
Sozi Pedro Tulante, Esq. PA ID No. 202579 Will W. Sachse, Esq. PA ID No.: 84097 Cory A. Ward, Esq. PA ID No. 320502 Ryan M. Moore, Esq. PA ID No. 314821 Rachel Rosenberg, Esq. PA ID No. 322960 Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 T: (215) 994-2496 F: (215) 665-2496 Sozi.tulante@dechert.com will.sachse@dechert.com cory.ward@dechert.com *pro hac vice pending
Attorneys for Petitioners/Plaintiffs
32

JS 44 (Rev. 02/19)

Case 2:20-cv-00496-CCB-ICVRIEL CDOocVuEmRenSt H1-E1 EFTiled 04/08/20 Page 1 of 3

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS Michael Graham; Alexus Diggs; Heather Connolly

DEFENDANTS

Allegheny County; Warden Orlando Harper

(b) County of Residence of First Listed Plaintiff Allegheny
(EXCEPT IN U.S. PLAINTIFF CASES)
B(rce)t GArtototern,eAysL(CFi,rmPNOamBeo, Axdd8r6es5s,4a,ndPTitetlsepuhbonrge hNu, mPbAer)15221; 412-654-9070; Alexandra Morgan-Kurtz, PAILP, 100 Fifth Ave, Ste. 900, Pittsburgh, PA 15222, 412-434-6175; Vic Walczak & Sara Rose, ACLU; Dechert, LLP

County of Residence of First Listed Defendant Allegheny
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)

’ 1 U.S. Government Plaintiff

’ 3 Federal Question (U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff

(For Diversity Cases Only)

and One Box for Defendant)

PTF DEF

PTF DEF

Citizen of This State

’ 1 ’ 1 Incorporated or Principal Place

’ 4 ’4

of Business In This State

’ 2 U.S. Government Defendant

’ 4 Diversity (Indicate Citizenship of Parties in Item III)

Citizen of Another State

’ 2 ’ 2 Incorporated and Principal Place of Business In Another State

’ 5 ’5

IV. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT

TORTS

Citizen or Subject of a

’3

Foreign Country

FORFEITURE/PENALTY

’ 3 Foreign Nation

’ 6 ’6

Click here for: Nature of Suit Code Descriptions.

BANKRUPTCY

OTHER STATUTES

’ 110 Insurance

PERSONAL INJURY

PERSONAL INJURY ’ 625 Drug Related Seizure

’ 422 Appeal 28 USC 158

’ 120 Marine

’ 310 Airplane

’ 365 Personal Injury -

of Property 21 USC 881 ’ 423 Withdrawal

’ 130 Miller Act

’ 315 Airplane Product

Product Liability

’ 690 Other

28 USC 157

’ 140 Negotiable Instrument

Liability

’ 367 Health Care/

’ 150 Recovery of Overpayment ’ 320 Assault, Libel &

& Enforcement of Judgment

Slander

Pharmaceutical Personal Injury

PROPERTY RIGHTS ’ 820 Copyrights

’ 151 Medicare Act

’ 330 Federal Employers’

Product Liability

’ 830 Patent

’ 152 Recovery of Defaulted Student Loans

Liability ’ 340 Marine

’ 368 Asbestos Personal Injury Product

’ 835 Patent - Abbreviated New Drug Application

(Excludes Veterans) ’ 153 Recovery of Overpayment
of Veteran’s Benefits

’ 345 Marine Product Liability
’ 350 Motor Vehicle

Liability

PERSONAL PROPERTY

LABOR

’ 370 Other Fraud

’ 710 Fair Labor Standards

’ 840 Trademark SOCIAL SECURITY
’ 861 HIA (1395ff)

’ 160 Stockholders’ Suits

’ 355 Motor Vehicle

’ 371 Truth in Lending

Act

’ 862 Black Lung (923)

’ 190 Other Contract

Product Liability

’ 195 Contract Product Liability ’ 360 Other Personal

’ 380 Other Personal Property Damage

’ 720 Labor/Management Relations

’ 863 DIWC/DIWW (405(g)) ’ 864 SSID Title XVI

’ 196 Franchise

Injury

’ 385 Property Damage

’ 740 Railway Labor Act

’ 865 RSI (405(g))

’ 362 Personal Injury -

Product Liability

’ 751 Family and Medical

Medical Malpractice

Leave Act

REAL PROPERTY

CIVIL RIGHTS

PRISONER PETITIONS ’ 790 Other Labor Litigation

FEDERAL TAX SUITS

’ 210 Land Condemnation

’ 440 Other Civil Rights

Habeas Corpus:

’ 791 Employee Retirement

’ 870 Taxes (U.S. Plaintiff

’ 220 Foreclosure

’ 441 Voting

’ 463 Alien Detainee

Income Security Act

or Defendant)

’ 230 Rent Lease & Ejectment ’ 442 Employment

’ 510 Motions to Vacate

’ 871 IRS—Third Party

’ 240 Torts to Land ’ 245 Tort Product Liability

’ 443 Housing/ Accommodations

Sentence ’ 530 General

26 USC 7609

’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty

IMMIGRATION

Employment

Other:

’ 462 Naturalization Application

’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration

Other ’ 448 Education

’ 550 Civil Rights ’ 555 Prison Condition

Actions

’ 560 Civil Detainee -

Conditions of

Confinement

’ 375 False Claims Act ’ 376 Qui Tam (31 USC
3729(a)) ’ 400 State Reapportionment ’ 410 Antitrust ’ 430 Banks and Banking ’ 450 Commerce ’ 460 Deportation ’ 470 Racketeer Influenced and
Corrupt Organizations ’ 480 Consumer Credit ’ 485 Telephone Consumer
Protection Act ’ 490 Cable/Sat TV ’ 850 Securities/Commodities/
Exchange ’ 890 Other Statutory Actions ’ 891 Agricultural Acts ’ 893 Environmental Matters
’ 895 Freedom of Information
Act ’ 896 Arbitration ’ 899 Administrative Procedure
Act/Review or Appeal of Agency Decision ’ 950 Constitutionality of State Statutes

V. ORIGIN (Place an “X” in One Box Only)

’ 1 Original

’ 2 Removed from

Proceeding

State Court

’ 3 Remanded from Appellate Court

’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict

Reopened

Another District

Litigation -

(specify)

Transfer

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
22 U.S.C. § 2241; 42 U.S.C. § 1983; 28 U.S.C. §§ 2201, 2202; 42 U.S.C. §§ 12101 et seq. VI. CAUSE OF ACTION Brief description of cause:
Petition for Habeas Corpus and 14th Amendment and ADA conditions of conﬁnement claims

’ 8 Multidistrict Litigation Direct File

VII. REQUESTED IN COMPLAINT:

’ CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.

DEMAND $

CHECK YES only if demanded in complaint: JURY DEMAND: ’ Yes ’ No

VIII. RELATED CASE(S)

IF ANY

(See instructions):
JUDGE

DOCKET NUMBER

DATE
4/7/20

SIGNATURE OF ATTORNEY OF RECORD
/s/ Bret Grote

FOR OFFICE USE ONLY

RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

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Case 2:20-cv-00496-CB-CRE Document 1-1 Filed 04/08/20 Page 2 of 3

JS 44A REVISED June, 2009 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THIS CASE DESIGNATION SHEET MUST BE COMPLETED

PART A

This case belongs on the (

Erie

Johnstown

Pittsburgh) calendar.

1. ERIE CALENDAR - If cause of action arose in the counties of Crawford, Elk, Erie,

Forest, McKean. Venang or Warren, OR a ny plaintiff or defendant resides in one of said

counties.

2. JOHNSTOWN CALENDAR - If cause of action arose in the counties of Bedford, Blair,

Cambria, Clearfield or Somerset OR any plaintiff or defendant resides in one of

said counties.

3. Complete if on ERIE CALENDAR: I certify that the cause of action arose in

County and that the

resides in

County.

4. Complete if on JOHNSTOWN CALENDAR: I certify that the cause of action arose in

County and that the

resides in

County.

PART B (You are to check ONE of the following)

1. This case is related to Number

. Short Caption

.

2. This case is not related to a pending or terminated case.

DEFINlTIONS OF RELATED CASES:
CIVIL: Civil cases are deemed related when a case filed relates to property included in another suit or involves the same issues of fact or it grows out of the same transactions as another suit or involves the validity or infringement of a patent involved in another suit EMINENT DOMAIN: Cases in contiguous closely located groups and in common ownership groups which will lend themselves to consolidation for trial shall be deemed related. HABEAS CORPUS & CIVIL RIGHTS: All habeas corpus petitions filed by the same individual shall be deemed related. All pro se Civil Rights actions by the same individual shall be deemed related.

PARTC

I. CIVIL CATEGORY (Select the applicable category).

1.

Antitrust and Securities Act Cases

2.

Labor-Management Relations

3.

Habeas corpus

4.

Civil Rights

5.

Patent, Copyright, and Trademark

6.

Eminent Domain

7.

All other federal question cases

8.

All personal and property damage tort cases, including maritime, FELA,

Jones Act, Motor vehicle, products liability, assault, defamation, malicious

prosecution, and false arrest

9.

Insurance indemnity, contract and other diversity cases.

10.

Government Collection Cases (shall include HEW Student Loans (Education),

V A 0verpayment, Overpayment of Social Security, Enlistment Overpayment (Army, Navy, etc.), HUD Loans, GAO Loans (Misc. Types), Mortgage Foreclosures, SBA Loans, Civil Penalties and Coal Mine Penalty and Reclamation Fees.)

I certify that to the best of my knowledge the entries on this Case Designation

Sheet are true and correct

/s/ Bret Grote

Date: 4/7/20

ATTORNEY AT LAW

NOTE: ALL SECTIONS OF BOTH FORMS MUST BE COMPLETED BEFORE CASE CAN BE PROCESSED.

JS 44 Reverse (Rev. 02/19) Case 2:20-cv-00496-CB-CRE Document 1-1 Filed 04/08/20 Page 3 of 3

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I.(a) (b) (c)

Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)".

II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.
V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.

Case 2:20-cv-00496-CB-CRE Document 1-2 Filed 04/08/20 Page 1 of 23
Declaration of Joseph J. Amon, Ph.D. MSPH
I, Joseph J. Amon, declare as follows:
Background and Expertise
1. I am an infectious disease epidemiologist, Director of Global Health and Clinical Professor in the department of Community Health and Prevention at the Drexel Dornsife School of Public Health. I also hold an appointment as an Associate in the department of epidemiology of the Johns Hopkins University Bloomberg School of Public Health. My Ph.D. is from the Uniformed Services University of the Health Sciences in Bethesda, Maryland and my Master of Science in Public Health (MSPH) degree in Tropical Medicine is from the Tulane University School of Public Health and Tropical Medicine.
2. Prior to my current position, I have worked for a range of non-governmental organizations and as an epidemiologist in the Epidemic Intelligence Service of the US Centers for Disease Control and Prevention. Between 2010 and 2018, I was a Visiting Lecturer at Princeton University, teaching courses on epidemiology and global health. I currently serve on advisory boards for UNAIDS and the Global Fund against HIV, TB and Malaria and have previously served on advisory committees for the World Health Organization.
3. I have published 60 peer-reviewed journal articles and more than 100 book chapters, letters, commentaries and opinion articles on issues related to public health and health policy.
4. One of my main areas of research focus relates to infectious disease control, clinical care, and obligations of government related to individuals in detention settings, in which I have published a number of reports assessing health issues in prison and detention settings and more than a dozen peer-reviewed articles. In 2015-2016, I was a co-editor of a special issue of the British journal, “The Lancet,” on HIV, TB and hepatitis in prisons. I also serve on the editorial boards of two public health journals. My resume is attached as Exhibit A.
Information on COVID-19 and Vulnerable Populations
5. COVID-19 is a coronavirus disease that has reached pandemic status. As of today (4/3), according to the World Health Organization 932,166 confirmed cases have been diagnosed in 205 countries or territories around the world and more than 46,764 deaths due to COVID-19 have been reported.1 In the United States, which has the highest number of reported cases in the world, 245,573 confirmed cases have been reported with the disease and 6,058 people have died thus far,2 though these numbers likely
1 See https://www.who.int/emergencies/diseases/novel-coronavirus-2019 accessed April 3, 2020. 2 See https://coronavirus.jhu.edu/map.html accessed April 3, 2020

Case 2:20-cv-00496-CB-CRE Document 1-2 Filed 04/08/20 Page 2 of 23

underreport the actual infections and deaths.3 In Pennsylvania, as of 12:00 pm on April
5, 2020, there were 11,510 confirmed cases and 150 deaths reported by the state department of health.4 Since March 6, there have been 1,072 individuals hospitalized
due to COVID-19, with 98% of those cases occurring in individuals age 25 years or older.5 There has been an exponential increase in cases and deaths in Pennsylvania
over the past three weeks with the number of people infected increasing, on average, by 32% every day6:

Date 12-Mar 13-Mar 14-Mar 15-Mar 16-Mar 17-Mar 18-Mar 19-Mar 20-Mar 21-Mar 22-Mar 23-Mar 24-Mar 25-Mar 26-Mar 27-Mar 28-Mar 29-Mar 30-Mar 31-Mar 1-April 2-April 3-April 4-April 5-April

Cases (cumulative)
28 41 58 63 76 96 133 185 268 371 479 644 851 1,127 1,687 2,218 2,751 3,394 4,087 4,843 5,805 7,016 8,420 10,017 11,510

Deaths (cumulative)
0 0 0 0 0 0 1 1 1 2 3 6 7 11 16 22 34 38 48 63 74 90 102 136 150

3 See https://www.washingtonpost.com/national/us-deaths-from-coronavirus-top-1000-amid-incomplete-
reporting-from-authorities-and-anguish-from-those-left-behind/2020/03/26/2c487ba2-6ad0-11ea-
9923-57073adce27c_story.html accessed April 3, 2020. 4 See https://www.health.pa.gov/topics/Documents/Diseases%20and%20Conditions/COVID-
19%20Situation%20Reports/20200325nCoVSituationReportExt.pdf; accessed April 5, 2020 see also: https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx accessed April 5, 2020 5 Ibid. 6 See http://91-divoc.com/pages/covid-visualization/ accessed April 5, 2020

Case 2:20-cv-00496-CB-CRE Document 1-2 Filed 04/08/20 Page 3 of 23
6. COVID-19 is a serious disease, ranging from no symptoms or mild ones for people at low risk, to respiratory failure and death. There is no vaccine to prevent COVID-19. There is no known cure or anti-viral treatment for COVID-19 at this time. The specific mechanism of mortality of critically ill COVID-19 patients is uncertain but may be related to virus-induced acute lung injury, inflammatory response, multiple organ damage and secondary nosocomial infections.
7. The World Health Organization (WHO) identifies individuals at highest risk to include those over 60 years of age and those with cardiovascular disease, diabetes, chronic respiratory disease, and cancer.7 The WHO further states that the risk of severe disease increases with age starting from around 40 years.
8. The US CDC identifies “older adults [65 and older] and people of any age who have serious underlying medical conditions” as at higher risk of severe disease and death.8 The CDC identifies underlying medical conditions to include: blood disorders, chronic kidney or liver disease, compromised immune system, endocrine disorders, including diabetes, metabolic disorders, heart and lung disease (“including asthma or chronic obstructive pulmonary disease [chronic bronchitis or emphysema] or other chronic conditions associated with impaired lung function”), neurological and neurologic and neurodevelopmental conditions “[including disorders of the brain, spinal cord, peripheral nerve, and muscle such as cerebral palsy, epilepsy (seizure disorders), stroke, intellectual disability…”], and current or recent pregnancy.9 The CDC also identifies individuals with a body mass index (BMI) greater than 40 to be at higher risk for severe illness.10 Based upon reports of a high proportion of ICU patients with cerebrovascular disease and diabetes, some researchers have speculated that increased risk of severe illness may be associated with common medicines (ACE2-stimulating drugs) prescribed for hypertension and diabetes.11
9. Data from US COVID-19 cases published by the CDC on March 19, 2020, found that hospitalization rates and intensive care unit (ICU) admission rates were nearly identical for individuals aged 45-54 and individuals aged 55-64 (between approximately 20-30% for both groups for hospitalization and between 5-11% for both
7 See https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200311-sitrep-51-covid19.pdf?sfvrsn=1ba62e57_4 accessed March 21, 2020 8 See https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/high-risk-complications.html accessed March 21,
2020 9 See https://www.cdc.gov/coronavirus/2019-ncov/downloads/community-mitigation-strategy.pdf accessed March
21, 2020 10 See https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html accessed April 3, 2020 11 See https://www.thelancet.com/journals/lanres/article/PIIS2213-2600(20)301168/fulltext?fbclid=IwAR2oRXHweQuw3CLmgJuAh7q556SJ83lnw4m8_G9LK8GtppeAPUtwGG1Fn9o accessed April 3, 2020

Case 2:20-cv-00496-CB-CRE Document 1-2 Filed 04/08/20 Page 4 of 23
groups for ICU admission).12 This suggests that individuals >45 years could be considered high risk for severe disease while those ≥54 years could be considered high risk for severe disease and death.
Health profile of declarants
10. I have reviewed the declarations of the following individuals and/or the attorneys for the following individuals: Heather Connolly, Alexus Diggs, Larnell Jones, Terry Suggs, and Michael Graham.
11. Heather Connolly is a 48 year old woman who reports having hepatitis C, a viral infection of the liver commonly associated with liver disease. This conditions indicates that she is likely at heightened risk for severe illness and death from COVID-19. She also indicates current symptoms of fever and that her cellmate was ill with a high fever.
12. Alexus Diggs is a 24 year old woman who reports having high blood pressure. Hypertension is a form of cardiovascular disease and may be associated with other conditions such as atherosclerosis. Because of her hypertension, Ms. Diggs may be at increased risk of severe disease or death due to COVID-19.
13. Larnell Jones is a 45 year old man who reports having asthma and hypertension which indicates that his is likely at heightened risk for severe disease and death from COVID19.
14. Terry Suggs is a 35 year old man who reports having asthma, hypertension, and diabetes, all of which likely puts him at heightened risk for severe disease and death from COVID-19.
15. Michael Graham is a 38 year old man who reports having hepatitis C and asthma, both of which likely puts him at heightened risk for severe disease and death from COVID19.
Understanding of COVID-19 Transmission
16. According to the US CDC, the disease is transmitted mainly between people who are in close contact with one another (within about 6 feet) via respiratory droplets produced when an infected person coughs or sneezes.13 It may be possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes, but this is not thought to be the main way the virus spreads.14
12 See https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm, accessed March 21, 2020 13 See https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html accessed March 21, 2020 14 See https://www.cdc.gov/coronavirus/2019-ncov/prepare/transmission.html accessed March 21, 2020

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17. People are thought to be most contagious when they are most symptomatic (the sickest), however there is increasing evidence of asymptomatic15 and presymptomatic transmission. A recent report by the CDC of presymptomatic transmission in Singapore identified seven clusters of COVID-19 in which presymptomatic transmission likely occurred, accounting for 6.4% of locally acquired cases examined.16 These findings are similar to research outside of Hubei province, China, which found that 12.6% of transmissions could have occurred before symptom onset in the source patient.17 Speech and other vocal activities such as singing have been shown to generate air particles which could transmit the virus responsible for COVID-19, with the rate of emission corresponding to voice loudness. News outlets have reported that during a choir practice in Washington on March 10, presymptomatic transmission likely played a role in SARSCoV-2 transmission to approximately 40 of 60 choir members.18
18. The understanding of direct transmission as the most likely means of SARS-CoV-2 transmission combined with evidence of asymptomatic and presymptomatic transmission suggests that, while hand washing and disinfecting surfaces is advisable, the main strategy for limiting disease transmission is social distancing and that for such distancing to be effective it must occur before individuals display symptoms.
19. Recognizing the importance of social distancing, public health officials have recommended extraordinary measures to combat the spread of COVID-19. Schools, courts, collegiate and professional sports, theater and other congregate settings have been closed as part of risk mitigation strategy. 50 states, 7 territories, and the District of Columbia have taken some type of formal executive action in response to the COVID19 outbreak.19 Through one form or another, these jurisdictions have declared, proclaimed, or ordered a state of emergency, public health emergency, or other preparedness and response activity for the outbreak. Earlier this month Pennsylvania Governor, Tom Wolf, declared a state of emergency, which he buttressed on March 19 with an order closing non-essential businesses.20 On April 1, Governor Wolf extended county-by-county stay at home orders to cover the entire state of Pennsylvania.21 These kinds of orders are quickly spreading nationwide, after beginning in California on March 19. As of April 2, at least 297 million people in at least 38 states, 48 counties, 14 cities, the District of Columbia, and Puerto Rico are being directed to stay home.22
15 See https://www.cdc.gov/coronavirus/2019-ncov/prepare/transmission.html accessed March 21, 2020; See also: Bai Y, Yao L, Wei T, et al. Presumed asymptomatic carrier transmission of COVID-19.JAMA. Published online February 21, 2020. doi:10.1001/jama.2020.2565 and Zhang W, Du RH, Li B, et al. Molecular and serological investigation of 2019-nCoV infected patients: implication of multiple shedding routes. Emerg Microbes Infect. 2020;9(1):386-389. 16 See https://www.cdc.gov/mmwr/volumes/69/wr/mm6914e1.htm?s_cid=mm6914e1_w accessed April 2, 2020 17 See https://wwwnc.cdc.gov/eid/article/26/6/20-0357_article accessed April 2, 2020 18 See https://www.latimes.com/world-nation/story/2020-03-29/coronavirus-choir-outbreak accessed April 2, 2020
19 See https://www.astho.org/COVID-19/ accessed March 21, 2020 20 See https://www.governor.pa.gov/wp-content/uploads/2020/03/20200319-TWW-COVID-19-business-closure-
order.pdf 21See https://www.governor.pa.gov/newsroom/gov-wolf-sec-of-health-pennsylvania-on-statewide-stayat-home-order-beginning-at-8-pm-tonight-most-prudent-option-to-stop-the-spread/ accessed April 2, 2020.
22 See https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html accessed April 2, 2020.

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20. These public health measures aim to “flatten the curve” of the rates of infection so that those most vulnerable to serious complications from infection will be least likely to be exposed and, if they are the numbers of infected individuals will be low enough that medical facilities will have enough beds, masks, and ventilators for those who need them.
21. US cities are starting to see the level of COVID-19 cases seen in previous global hotspots. On Thursday, March 26, Governor Cuomo announced that 100 people had died of the coronavirus between Wednesday and Thursday morning. 23 As of Friday, March 27, the cumulative death toll in the state stood at 450.24 In response, the city’s health commissioner again urged all New Yorkers to follow the stay at home order, emphasizing the impact on the city’s already strained health system.25 As of April 1, 2020, New York’s death toll had reached 1,374.26 Pennsylvania is roughly 10 days behind New York City, following a similar trendline of cases and deaths.27
Risk of COVID-19 in Jail Facilities
22. The conditions of jail facilities pose a heightened public health risk to the spread of COVID-19, even greater than other non-carceral institutions.
23. Jails are enclosed environments. These kinds of enclosed environments, like cruise ships and nursing homes, have seen higher rates of COVID-19 infection than the general population. Jails have even greater risk of COVID-19 transmission than other enclosed environments because of crowding within the facility, and limited access to hygiene, and structural limitations. People in jails are housed in crowded spaces of limited size and are subjected to security measures that force them into close contact with guards. They cannot practice the “social distancing” necessary to effectively prevent the spread of COVID-19. Bathrooms facilities—toilets, showers, and sinks—and other common areas are shared, without adequate surface disinfection between users. Food preparation and distribution without proper precautions also presents a further site for the virus to spread. Infectious spread presents a particular challenge in these facilities where the population often is disproportionately vulnerable, while facilities provide limited
23 See https://www.nytimes.com/2020/03/26/world/coronavirusnews.html?action=click&pgtype=Article&state=default&module=stylncoronavirus&variant=show&region=TOP_BANNER&context=storyline_menu?action=click&pgtype=Article& state=default&module=stylncoronavirus&variant=show&region=TOP_BANNER&context=storyline_menu#link-18cce12f accessed March 26, 2020.
24 https://nypost.com/2020/03/27/another-84-people-killed-by-coronavirus-in-new-york-city/ accessed March 28, 2020.
25 See https://nypost.com/2020/03/25/de-blasio-warns-half-of-all-new-yorkers-will-get-covid-19/ accessed March 26, 2020.
26 See https://coronavirus.jhu.edu/map.html accessed April 1, 2020. 27 See https://www.businessinsider.com/new-york-city-coronavirus-cases-over-time-chart-2020-3 accessed March 26, 2020.

Case 2:20-cv-00496-CB-CRE Document 1-2 Filed 04/08/20 Page 7 of 23
medical care.28
24. CDC guidance on correctional and detention facilities,29 posted March 23, 2020, specifically recommends implementing social distancing strategies to increase the physical space between incarcerated/detained persons “ideally 6 feet between all individuals, regardless of the presence of symptoms” including: 1) increased space between individuals in holding cells, as well as in lines and waiting areas such as intake; stagger time in recreation spaces; restrict recreation space usage to a single housing unit per space; stagger meals; rearrange seating in the dining hall so that there is more space between individuals (e.g., remove every other chair and use only one side of the table); provide meals inside housing units or cells; limit the size of group activities; reassign bunks to provide more space between individuals, ideally 6 feet or more in all directions.
25. The CDC guidance also describes necessary disinfection procedures including to thoroughly clean and disinfect all areas where a confirmed or suspected COVID-19 case spent time.30
26. Based upon the declarations I reviewed (paragraph 10 above), Allegheny County Jail (ACJ) does not appear to be adopting the procedures necessary to prevent COVID-19 transmission. The infrastructure and routine practice of Allegheny County Jail raise significant challenges to maintaining distancing between detainees in the facilities. These physical infrastructure and security challenges, which are typical of most detention centers, include: • Individuals are held for extended periods of time in the intake area, typically with 10 or more people sharing a single toilet and sink. Only cursory medical screening is conducted. • A significant number of people housed at ACJ are double-celled. • Access to soap is a constant problem in ACJ as is, in some pods, access to personal hygiene and cleaning supplies. • There are only a few showers per pod, with many people sharing the same shower area, without any sanitation between individual uses. • Dining tables are small and fit four people, with one person on each side. A table is only four feet by four feet, at most, so no one can social distance from others during meal times. • As is true in detention facilities generally, communal bathroom facilities pose a risk of transmission and it is not usually possible for an incarcerated person to move throughout ACJ without coming into contact with many other people. The use of elevators also poses a problem bringing individuals in close contact. If someone is housed in a special unit or restrictive housing, they must also be closely escorted everywhere in the facility and security incidents can put an
28 https://www.prisonpolicy.org/health.html accessed March 26, 2020. 29 See: https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctionaldetention.html accessed March 23, 2020
30 Ibid

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incarcerated person into close contact with staff members. • Access to medical care is inadequate at ACJ. There are extreme delays in
individuals’ ability to access care, as well as huge staffing shortages.
27. Based upon the information provided to me, and my prior knowledge of detention facilities, I am concerned that the Alleghany County Jail does not have the ability to implement the critically important principle of social distancing, such as maintain six feet of separation at all times including meals and location of beds. Where detention facilities are housing detained individuals in small cells where they are bunked together and where they are crowded together to eat meals, they will not be able to prevent COVID-19 transmission once introduced into the jail.
28. Nor am I aware of the necessary measures being taken at the Alleghany County Jail to identify and properly isolate individuals at high risk, those with potential exposure (e.g., from work detail) or those with symptoms consistent with COVID-19. These steps are essential to preventing transmission of COVID-19.
29. Introduction of new people into detention facilities who have had contact with the community outside the facility—be it correctional officers and other staff, new individuals coming into custody, people on work release, or individuals serving intermediate sentences—creates a link from transmission occurring in the community to those who are detained. The possibility of asymptomatic transmission means that monitoring fever of staff or detainees is inadequate for identifying all who may be infected and preventing transmission. This is also true because not all individuals infected with COVID-19 report fever in early stages of infection.
30. The alternative is to test all staff and detainees entering the facility. However, this would require frequent (daily) tests, implemented at multiple times a day as staff and detainees entered the facility. In addition to the cost and labor required to implement this approach, the United States is currently facing a shortage of COVID-19 tests that make such a solution impracticable: In a survey of U.S. cities (that included Philadelphia, Pittsburgh, Erie, and Easton), 92.1% of cities reported that they do not have an adequate supply of test kits.31 Shortages are likely to become more severe over the next three to four weeks when there will be a major shortage of chemical reagents for COVID-19 testing and enormous increases in demand.32 Given the shortage of COVID-19 testing in the United States, it is likely that jails are and will continue to be unable to conduct aggressive, widespread testing to identify all positive cases of COVID-19. The lack of widespread testing in communities and the current presence of COVID-19 in all 50 states means that it is impractical to ask detainees about their travel history– all communities should be assumed to have community transmission which is why statewide and national restrictions on movement and gatherings have been put in place.
31 https://www.usmayors.org/issues/covid-19/equipment-survey/ accessed March 28, 2020. 32 https://www.nytimes.com/2020/03/27/opinion/coronavirus-trump-testing-shortages.html accessed March 28,
2020.

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Heightened Rates of COVID-19 Infection and Spread Within Detention Facilities
31. The rates of spread in the facilities that have been testing for COVID-19 illustrates the dangers the conditions in these facilities pose to those who are detained there, and to the broader community. In Cook County Jail, Chicago in a matter of two days, the number of individuals infected jumped from 38 inmates33 to 89 inmates and 12 staff members.34, As of April 1, there were 167 confirmed cases among detained individuals, even after the jail released 400 individuals.35 At Rikers Island in New York, on Saturday March 21, a jail oversight agency indicated that 21 inmates and 17 employees tested positive.36 Four days later, on Wednesday, March 26, 75 inmates and 37 employees tested positive.37 As of Tuesday, March 31, 141 staff and 180 individuals in custody had tested positive at Rikers and city jails in New York City.38 The Legal Aid Society in New York recently reported that the infection rate for COVID-19 at local jails is more than seven times higher than the rate citywide and 87 times higher than the country at large.39
32. The data above also confirms high rates of infection among correctional officers and other staff. These individuals all face an increased risk of COVID-19 exposure as they are less able to practice the recommended strategy of social distancing in carrying out their official duties. If corrections officers are significantly affected by COVID-19, whether through being infected, exposed by detainees, their fellow officers or in the community, large numbers will be unavailable to work due to self-quarantine or isolation, at the same time that large numbers of detainees who are potentially exposed will need to be put into individual isolation or transferred to advanced medical care, putting tremendous stress on detention facilities.
33. At least one detained individual from Pike County Correctional Facility and at least 3 staff and one contract employee have already tested positive for COVID-19.40 The detained individual was so ill that they had to be hospitalized for the infection. Pike County, as of April 1, 2020, has reported 57 cases and 1 death due to COVID-19. York has had 79 reported cases.41 These are likely underestimates. It is reasonable to expect
33 See https://www.nbcchicago.com/news/local/cook-county-jail-says-17-inmates-have-tested-positive-forcoronavirus/2244652/ accessed March 26, 2020.
34 See https://www.politico.com/news/2020/03/29/federal-prison-first-coronavirus-death-153387 accessed March 29, 2020.
35 See https://www.nbcchicago.com/news/local/167-cook-county-jail-detainees-have-tested-positive-for-covid-19officials-say/2248892/ accessed April 2, 2020.
36 https://www.nbcnewyork.com/news/coronavirus/21-inmates-17-employees-test-positive-for-covid-19-on-rikersisland-officials/2338242/ accessed March 23, 2020.
37 See https://nypost.com/2020/03/25/new-coronavirus-cases-in-nyc-jails-outpacing-rest-of-the-city/ accessed March
26, 2020 38 See https://www.theguardian.com/us-news/2020/apr/01/rikers-island-jail-coronavirus-public-health-disaster
accessed April 2, 2020. 39 See: https://newyork.cbslocal.com/2020/03/26/coronavirus-rikers-island/ accessed March 26, 2020 40 https://news.pikepa.org/post/2020/03/09/COVID-19-Update accessed April 3, 2020. 41 https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx accessed April 1, 2020.

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this kind of introduction of COVID-19 into the detention facilities from staff exposed in the community given the current local transmission of COVID-19 in Pennsylvania, reflecting the continued movement of people between specific locales.
Infrastructure in Detention Facilities Will Likely Be Insufficient to Address Needs of COVID-19 Patients
34. If COVID-19 enters into detention facilities, these facilities will likely be unable to address the infectious spread and the needs of infected individuals due to lack of testing and insufficient physical and medical infrastructure.
35. In cases where there are confirmed or suspected cases of COVID-19, the CDC recommends medical isolation, defined by the CDC confining the case “ideally to a single cell with solid walls and a solid door that closes” to prevent contact with others and to reduce the risk of transmission. Individuals in isolation should also be provided their own bathroom space.42
36. Individuals in close contact of a confirmed or suspected COVID-19 case - defined by the CDC as having been within approximately 6 feet of the individual for a prolonged period of time or having had direct contact with secretions of a COVID-19 case (e.g., have been coughed on) – should be quarantined for a period of 14 days. The same precautions should be taken for housing someone in quarantine as for someone who is a confirmed or suspected COVID-19 case put in isolation.43
37. The CDC guidance recognizes that housing detainees in isolation and quarantine individually, while “preferred”, may not be feasible in all county jail settings and discusses the practice of “cohorting” when individual space is limited. The term “cohorting” refers to the practice of isolating multiple laboratory-confirmed COVID-19 cases together as a group or quarantining close contacts of a particular case together as a group. The guidance states specifically that "Cohorting should only be practiced if there are no other available options” and exhorts correctional officials: “Do not cohort confirmed cases with suspected cases or case contacts.” [emphasis in original]. Individuals who are close contacts of different cases should also not be kept together.
38. The CDC guidance also says that detention facilities should “Ensure that cohorted cases wear face masks at all times.”44 This is critical because not all close contacts may be infected and those not infected must be protected from those who are if individuals are cohorted. However, it’s important to note that face masks are in short supply. In a joint letter to President Trump, the American Medical Association, the American Hospital Association, and the American Nurses Association called on the administration to “immediately use the Defense Production Act to increase the domestic production of medical supplies and equipment that hospitals, health, health systems, physicians, nurses
42 Ibid. 43 Ibid 44 Ibid

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and all front line providers so desperately need.”45 In a survey United States cities, 91.5% of the cities reported that they do not have an adequate supply of face masks for their first responders and medical personnel.46 There are also widespread shortages of personal protective equipment — particularly N-95 masks — sufficient to provide even for health care workers, in our nation’s hospitals, let alone medical providers and other individuals coming into contact with the virus in county jails .47 Many public health leaders are calling for masks to be reserved for health care staff, who face increased risk and are vitally needed to sustain emergency care. Hospitals in the New York City area, unable to access masks locally, are reportedly turning to a private distributor to airlift millions of protective masks out of China.48 Face masks are effective only when used in combination with frequent hand-cleaning with alcohol-based hand rub or soap and water. Detainees should be instructed in how to properly put on and take off masks, including cleaning their hands every time they touch the mask, covering the mouth and nose with the mask and making sure there are no gaps, avoiding touching the mask while using it; and replacing the mask with a new one if it becomes damp (e.g., from sneezing) and not to re-use single-use masks. There are times when detainees will necessarily not be able to wear masks, if available. For example, during meals. In these instances, detainees should eat individually or with proper distancing from others.
39. Where individual rooms are not available, the CDC guidance describes a hierarchy of next best options for cohorting, which in order from lesser risk to greater risk includes housing individuals under medical isolation: 1) in a large, well-ventilated cell with solid walls and a solid door that closes fully; 2) in a large, well-ventilated cell with solid walls but without a solid door; 3) in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells; 4) in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells.49
40. Many jails and prisons also lack adequate medical care infrastructure to address the spread of infectious disease and treatment of high-risk people in detention. As examples, jails often use practical nurses who practice beyond the scope of their licenses; have part-time physicians who have limited availability to be on-site; and facilities with no formal linkages with local health departments or hospitals.
41. Large numbers of ill detainees and corrections staff will also strain the limited medical infrastructure in the rural counties in which these detention facilities are located. If infection spreads throughout the detention center, overwhelming the center’s own limited resources, the burden of caring for these individuals will shift to local medical facilities. The few facilities will likely not be able to provide care to all infected
45 See: https://www.aha.org/lettercomment/2020-03-21-aha-ama-and-ana-letter-president-use-dpa-medicalsupplies-and-equipment accessed March 26, 2020
46 https://www.usmayors.org/issues/covid-19/equipment-survey/ accessed March 28, 2020. 47 https://www.nytimes.com/2020/03/27/opinion/coronavirus-trump-testing-shortages.html accessed
March 28, 2020. 48 See: https://lancasteronline.com/news/health/hospital-suppliers-take-to-the-skies-to-combat-dire-
shortages/article_0830ffb0-6f89-11ea-89ed-bbd859186614.html accessed March 26, 2020 49 Ibid

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individuals with serious cases, increasing the likelihood that these individuals will die.50
Conclusions
42. CDC guidance on correctional and detention facilities,51 posted March 23, 2020 reiterates many of the points previously made in this declaration, including: 1) Incarcerated/detained persons are at “heightened” risk for COVID-19 infection once the virus is introduced; 2) There are many opportunities for COVID-19 to be introduced into a correctional or detention facility, including from staff and transfer of incarcerated/detained persons; 3) Options for medical isolation of COVID-19 cases are limited; 4) Incarcerated/detained persons and staff may have medical conditions that increase their risk of severe disease from COVID-19; 5) The ability of incarcerated/detained persons to exercise disease prevention measures (e.g., frequent handwashing) may be limited and many facilities restrict access to soap and paper towels and prohibit alcohol-based hand sanitizer and many disinfectants; and 6) Incarcerated persons may hesitate to report symptoms of COVID-19 or seek medical care due to co-pay requirements and fear of isolation.
43. The only viable public health strategy available is risk mitigation. Even with the bestlaid plans to address the spread of COVID-19 in detention facilities, the release of individuals who can be considered at high-risk of severe disease if infected with COVID-19 is a key part of a risk mitigation strategy. In my opinion, the public health recommendation is to release high-risk people from detention, given the heightened risks to their health and safety, especially given the lack of a viable vaccine for prevention or effective treatment at this stage.
44. To the extent that vulnerable detainees have had exposure to known cases with laboratory-confirmed infection with the virus that causes COVID-19, they should be tested immediately in concert with the local health department. Those who test negative should be released to home quarantine for 14 days. Where there is not a suitable location for home quarantine available, these individuals could be released to housing identified by the county or state Department of Health.
45. Other individuals who may not be identified as high risk should also be considered for release. Reducing the overall number of individuals in detention facilities will facilitate social distancing for remaining detainees and lessen the burden of ensuring the safety of detainees and corrections officers.
46. Given the physical infrastructure of facilities, the challenges of providing security
50 See https://www.post-gazette.com/news/health/2020/03/20/Rural-counties-in-Pennsylvania-struggle-on-theirown-as-COVID-19-spreads/stories/202003180034 accessed March 23, 2002. Even in regions with highly developed health systems, COVID-19 is straining ability to care, creating cause for alarm for less-equipped health care systems in regions that do not act to mitigate risk of infection. See https://www.nytimes.com/2020/03/12/world/europe/12italy-coronavirus-health-care.html accessed March 23, 2020 51 See: https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctionaldetention.html accessed March 23, 2020

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without close contact, and the lack of proper equipment (such as masks) to prevent transmission, I do not believe detention facilities are equipped to ensure the safety of those in their custody. Releasing individuals at highest risk who can then self-isolate – either in their homes or in facilities arranged by the local department of health – provides a significantly better likelihood of preventing infection, disease spread and death, both in the facility and in the community at large.
Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct.
Executed this fifth day in April 2020 in Princeton, New Jersey.
Joseph J. Amon, PhD MSPH

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Jonathan Louis Golob, M.D. Ph.D. Assistant Professor
206 992-0428 (c) 734-647-3870 (o) golobj@med.umich.edu jonathan@golob.org

Education and Training 6/1997 – 6/2001

Bachelor of Science, Johns Hopkins University, Baltimore, MD Dual degree in Biomedical Engineering and Computer Science conferred June 2001.

7/2001 – 6/2011

MSTP MD/PhD Combined Degree, University of Washington, Seattle, WA. Ph.D. on the basic science of embryonic stem cells, specifically epigenetic regulation of differentiation Ph.D. conferred in June 2009. MD conferred in June 2011.

6/2011 – 6/2013

Internal Medicine Residency, University of Washington, Seattle, WA

6/2013 – 6/2017

Infectious Diseases Fellowship, University of Washington, Seattle, WA

Certifications and Licensure Board Certifications

2014 2016

Diplomate in Internal Medicine, American Board of Internal Medicine. Diplomate in Infectious Disease, American Board of Internal Medicine.

Current Medical Licenses to Practice

2013 2018

Washington State Medical License, Physician, MD60394350 Michigan State Medical License, Physician, 4301114297

Academic, Administrative, and Clinical Appointments

Academic

6/2014 – 6/2018

Senior Fellow, Vaccine and Infectious Disease Division, Fred

Hutchinson Cancer Research Center, Seattle, WA

8/2016 – 6/2018

Joel Meyers Endowment Fellow, Vaccine and Infectious Disease Division, Fred Hutchinson Cancer Research Center, Seattle, WA

8/2017 – 6/2018

Research Associate, Vaccine and Infectious Disease Division, Fred Hutchinson Cancer Research Center, Seattle, WA

8/2017 – 6/2018

Acting Instructor, Division of Allergy and Infectious Diseases, Department of Medicine, University of Washington, Seattle, WA

8/2018 – Present

Assistant Professor, Division of Infectious Diseases, Department of Medicine, University of Michigan, Ann Arbor, MI

Jonathan Louis Golob M.D. Ph.D.

January 24 2020

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Clinical 12/2015 – 12/2016 7/2017 – 6/2018 8/2017 – 6/2018 8/2017 – 6/2018
8/2018 – Present

Infectious Disease Locums Physician, Virginia Mason Medical Center, Seattle, WA
Hospitalist Internal Medicine Physician, Virginia Mason Medical Center, Seattle, WA
Attending Physician, Seattle Cancer Care Alliance, Seattle, WA
Attending Physician, Division of Allergy and Infectious Diseases, Department of Medicine, University of Washington, Seattle, WA
Attending Physician, Division of Infectious Diseases, Department of Medicine, University of Michigan, Ann Arbor, MI

Research Interests 1. I am primarily interested in understanding how the human gut microbiome mechanistically affects how patients respond to treatments. I have a particular focus on patients undergoing hematopoietic cell transplant, who are at risk for recurrence of their underlying disease, treatment-related colitis (from both conditioning and graft versus host disease), and infection. In human observational trials the human gut microbiome correlates with each of these aspects. My research program uses advanced stem-cell based in-vitro models of the human colonic mucosa to verify if the correlations in observational trials can cause similar effects in vitro, and then determine by which pathways (e.g. receptors) and broad mechanisms (e.g. epigenetics) the microbes affect the host.
2. Host-microbiome interactions are contextual. A beneficial interaction in health can turn pathologic. For example, my ongoing work focused on the microbial metabolite butyrate. Butyrate enhances the health of heathy and intact colonic epithelium, acting as a substrate for cellular respiration and through receptor-mediate processes reduces cellular inflammation. However, butyrate also blocks the ability of colonic stem cells to differentiate into mature epithelium. Thus, in colitis that results in a loss of colonic crypts, an intact and butyrogenic gut microbiome results in colonic stem cells being exposed to butyrate and inhibits recovery. My ongoing work uses a primary stem-cell based model of the human colonic mucusa to establish how butyrate blocks the differentiation of colonic stem cell with a hope of generating new treatments for patients with steroid-refractory colitis.
3. I am interested in validating and improving computational tools for biological research. I have a computer science and biomedical engineering background that combined with my clinical and molecular biology training positions me optimally to understand both major aspects of computational biology: what are the needs to make biological inferences from big data, and how can tools specifically be improved to achieve such inferences.

Jonathan Louis Golob M.D. Ph.D.

January 24 2020

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Grants Present and Active
ASBMT New Investigator Award J. Golob (PI) 7/2018 – 7/2020 Hematopoietic Cell Transplant Outcomes and Microbial Metabolism Role: PI $30,000/yr for up to two years

NIH / NIAID R01

D. Fredricks (PI)

11/2017 – 11/2021

The Gut Microbiota and Graft versus Host Disease (GVHD), AI-134808

Role: Senior / key personnel

$823,701

NIH P01

T. Schmidt (PI)

Pending / Reviewed

ENGINEERING MICROBIOMES AND THEIR MOLECULAR DETERMINANTS FOR

PRODUCTION OF BUTYRATE AND SECONDARY BILE ACIDS FROM RESISTANT

STARCH

Role: Key Personnel

NIH / NCI R21

J. Golob (PI)

Pending / Submitted

Establishing a physiologic human colonic stem/progenitor cells model of regimen-related

colitis

Role: PI

NIH R21

J. Golob (PI)

Pending / Submitted

Manipulating Butyrate Production by the Gut Microbiome during Chronic HIV Infection

Role: PI

Completed
Joel Meyers Endowment Fellowship Role: Research Fellow $63,180

6/2016 – 6/2018

DCDR Grant

R. Harrington (PI) 6/2014 – 6/2018

Support for data queries into the Deidentified Clinical Data Repository

Role: PI

$1000

NIH T32 Institutional Training Grant 1T32AI118690-01A1 Role: Post-Doc Trainee $315,972

M. Boeckh (PI)

8/2016 – 8/2017

NIH T32 Institutional Training Grant 5T32AI007044 Role: Post-Doc Trainee $1,527,801

W. van Voorhis (PI) 7/1/14 – 6/30/16

Honors and Awards

2001

Tau Beta Pi Engineering Honor Society

2001

Alpha Eta Mu Beta Biomedical Engineering Honor Society

Jonathan Louis Golob M.D. Ph.D.

January 24 2020

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2005 2015 2016

ARCS Fellowship Consultant of the Month Award. University of Washington Housestaff. Joel Meyer Endowment Fellow

Membership in Professional Societies

2013

Member, Infectious Diseases Society of America

2011

Member, American Board of Internal Medicine

Bibliography Peer-Reviewed Journals and Publications
1. Gao Z, Golob J, Tanavde VM, Civin CI, Hawley RG, Cheng L. High levels of transgene expression following transduction of long-term NOD/SCID-repopulating human cells with a modified lentiviral vector. Stem Cells 19(3): 247-59, 2001.
2. Cui Y, Golob J, Kelleher E, Ye Z, Pardoll D, Cheng L. Targeting transgene expression to antigen-presenting cells derived from lentivirus-transduced engrafting human hematopoietic stem/progenitor cells. Blood 99(2): 399-408, 2002.
3. Boursalian TE, Golob J, Soper DM, Cooper CJ, Fink PJ. Continued maturation of thymic emigrants in the periphery. Nature Immunology 5(4): 418-25, 2004.
4. Osugi T, Kohn AD, Golob JL, Pabon L, Reinecke H, Moon RT, Murry CE. Biphasic role for Wnt/beta-catenin signaling in cardiac specification in zebrafish and embryonic stem cells. PNAS 104(23): 9685-9690, 2007.
5. Golob JL, Paige SL, Muskheli V, Pabon L, Murry CE: Chromatin Remodeling During Mouse and Human Embryonic Stem Cell Differentiation. Developmental Dynamics 237(5): 1389-1398, 2008.
6. Golob JL, Kumar RM, Guenther MG, Laurent LC, Pabon LM, Loring JF, Young RA, Murry CE: Evidence That Gene Activation and Silencing during Stem Cell Differentiation Requires a Transcriptionally Paused Intermediate State. PLoS ONE 6(8): e22416, 2011.
7. Golob JL, Margolis E, Hoffman NG, Fredricks DN. Evaluating the accuracy of amplicon-based microbiome computational pipelines on simulated human gut microbial communities. BMC Bioinformatics 18(1):283, 2017.
8. MacAllister TJ, Stednick Z, Golob JL, Huang, ML, Pergam SA. Under-utilization of norovirus testing in hematopoietic cell transplant recipients at a large cancer center. Am J Infect Control pii: S0196-6553(17)30783-6. doi: 10.1016/j.ajic.2017.06.010. [Epub ahead of print], 2017.
9. Golob JL, Pergam SA, Srinivasan S, Fiedler TL, Liu C, Garcia K, Mielcarek M, Ko D, Aker S, Marquis S, Loeffelholz T, Plantinga A, Wu MC, Celustka K, Morrison A, Woodfield M, Fredricks DN. The Stool Microbiota at Neutrophil Recovery is Predictive for Severe Acute Graft versus Host Disease after Hematopoietic Cell Transplantation. Clin Infect Dis doi: 10.1093/cid/cix699. [Epub ahead of print], 2017.
10. Bhattacharyya A, Hanafi LA, Sheih A, Golob JL, Srinivasan S, Boeckh MJ, Pergam SA, Mahmood S, Baker KK, Gooley TA, Milano F, Fredricks DN, Riddell SR, Turtle CJ. Graft-Derived Reconstitution of Mucosal-Associated Invariant T Cells after Allogeneic Hematopoietic Cell Transplantation. Biol Blood Marrow Transplant pii: S10838791(17)30758-9. doi: 10.1016/j.bbmt.2017.10.003. Epub 2017 Oct 9.
11. Ogimi C, Krantz EM, Golob JL, Waghmare A, Liu C, Leisenring WM, Woodard CR, Marquis S, Kuypers JM, Jerome KR, Pergam SA, Fredricks DN, Sorror ML, Englund JA, Boeckh M. Antibiotic Exposure Prior to Respiratory Viral Infection Is Associated with Progression to Lower Respiratory Tract Disease in Allogeneic Hematopoietic Cell

Jonathan Louis Golob M.D. Ph.D.

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Transplant Recipients. Biol Blood Marrow Transplant. 2018 May 16. pii: S10838791(18)30268-4. doi: 10.1016/j.bbmt.2018.05.016. [Epub ahead of print] 12. Golob JL, Stern J, Holte S, Kitahata MM, Crane HM, Coombs RW, Goecker E, Woolfrey AE, Harrington RD. HIV DNA levels and decay in a cohort of 111 long-term virally suppressed patients. AIDS. 2018 Sep 24;32(15):2113-2118. doi: 10.1097/QAD.0000000000001948. 13. Golob JL, DeMeules MM, Loeffelholz T, Quinn ZZ, Dame MK, Silvestri SS, Wu MC, Schmidt TM, Fiedler TL, Hoostal MJ, Mielcarek M, Spence J, Pergam SA, Fredricks DN. Butyrogenic bacteria after acute graft-versus-host disease (GVHD) are associated with the development of steroid-refractory GVHD. Blood Adv. 2019 Oct 8;3(19):2866– 2869.
Preprint publications 1. Golob JL and Minot SS. Functional Analysis of Metagenomes by Likelihood Inference (FAMLI) Successfully Compensates for Multi-Mapping Short Reads from Metagenomic Samples. Preprint. doi: https://doi.org/10.1101/295352
Other Publications
1. Science Columnist and Writer for The Stranger, Seattle, WA, 2004 – Present 2. Freelance contributor, Ars Technica, 2016 – Present.
Abstracts (presenter underlined)
1. Golob JL, Srinivasan S, Pergam SA, Liu C, Ko D, Aker S, Fredricks DN. Gut Microbiome Changes in Response to Protocolized Antibiotic Administration During Hematopoietic Cell Transplantation. ID Week, Infectious Diseases Society of America, October 2015 (Oral)
2. Golob JL, Stern J, Holte S, Kitahata M, Crane H, Coombs R, Goecker E, Woolfrey AE, Harrington RD. HIV reservoir size and decay in 114 individuals with suppressed plasma virus for at least seven years: correlation with age and not ARV regimen. IDWeek 2016, October 26-30, 2016, New Orleans. Abstract 953 (Oral).
3. Golob JL , Stohs E, Sweet A, Pergam SA, Boeckh M, Fredricks DN, and Liu C. Vancomycin is Frequently Administered to Hematopoietic Cell Transplant Recipients Without a Provider Documented Indication and Correlates with Microbiome Disruption and Adverse Events. ID Week, Infectious Diseases Society of America, October 2018 (# 72504).
4. Impact of Intestinal Microbiota on Reconstitution of Mucosal-Associated Invariant T Cells after Allogeneic Hematopoietic Stem Cell Transplantation. ASH 2018 (#3393).
Invited Lectures
1. Keynote Speaker, ARCS Foundation Annual Dinner. Seattle, WA Nov 3, 2008 2. Primary Care Conference: Direct to Consumer Genetic Testing, Seattle, WA, Mar 14,
2013 3. “IRIS and TB”, Harborview Medical Center Housestaff Lunchtime Conference, Seattle,
WA, Jun 9, 2014 4. “Complicated Enterococcal Endocarditis”, University of Washington Medical Center
(UWMC) Chief of Medicine Conference, Seattle, WA, Jul 14, 2014 5. “Coccidiomycosis”, UWMC Chief of Medicine Conference, Seattle, WA, Oct 7, 2014 6. “HIV and CMV encephalitis”, UWMC Chief of Medicine Conference, Seattle, WA, Apr
14, 2015 7. Research Presentation for GVHD Group Meeting, Seattle, WA, Nov 2015

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8. “CMV Ventriculitis”, Clinical Case Presentation to the Virology Working Group, Fred Hutchinson Cancer Research Center (Fred Hutch), Seattle, WA, Nov 2015
9. “Microbiome and HCT Outcomes”. 1st Infectious Disease in the Immunocompromised Host Symposium – Tribute to Joel Meyers. Fred Hutch, Seattle, WA, Jun 13 2016.
10. “Microbiome and GVHD”. Infectious Disease Sciences / Virology Symposium, Fred Hutch / UW, Seattle, WA, Jan 17 2017
11. “Microbiome and GVHD”. 2nd Symposium on Infectious Disease in the Immunocompromised Host. June 19 2017
12. “The Gut Microbiome Predicts GVHD. Can It Be Engineered to Protect?”. St Jude. February 18th 2019

Jonathan Louis Golob M.D. Ph.D.

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EDUCATION
08/1998-10/2002
08/1991-12/1994 08/1987-05/1991

Joseph J. Amon, PhD, MSPH
ROOM 734, NESBITT HALL 3215 MARKET ST
PHILADELPHIA, PA 19104 jja88@drexel.edu
Dept. of Preventive Medicine/Biometrics, Uniformed Services University of the Health Sciences, F. Edward Hebert School of Medicine PhD, Dissertation: Molecular Epidemiology of Malaria in Kenya
Dept. of Parasitology and Tropical Medicine, Tulane University School of Public Health & Tropical Medicine MSPH, Tropical Medicine
Hampshire College BA, Interdisciplinary Studies

Bethesda, MD New Orleans, LA Amherst, MA

ACADEMIC APPOINTMENTS

9/2018 – Present 01/2010 – Present

Dornsife School of Public Health, Drexel University Director, Global Health Clinical Professor, Dept of Community Health and Prevention
Dept. of Epidemiology and Center for Public Health and Human Rights, Bloomberg School of Public Health, Johns Hopkins Associate

Philadelphia, PA Baltimore, MD

09/2010 – 06/2018

Woodrow Wilson School of Public and International Affairs, Princeton University Visiting Lecturer

Princeton, NJ

01/2015 – 05/2018

Dept. of Epidemiology, Mailman School of Public Health, Columbia University Adjunct Associate Professor

New York, NY

06/2014 – 07/2014

School of Social Science, Institute for Advanced Study Short-term Visitor

Princeton, NJ

09/2012 – 12/2012

Institut d'Études Politiques de Paris (SciencesPo) Distinguished Visiting Lecturer

Paris, France

01/2003–06/2007

Dept. of Preventive Medicine, Hebert School of Medicine, Uniformed Services University of the Health Sciences Adjunct Assistant Professor

Bethesda, MD

Joseph J. Amon Page 1 of 19

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TEACHING EXPERIENCE

Professor 2019 - Present

Drexel University

2011 – 2018
09-12/2012 Co-Instructor 2012-2013

Princeton University
SciencesPo
Global School of Socioeconomic Rights, Harvard University

Theory and Practice of Community Health (graduate) Health and Human Rights (undergrad/graduate) Community Health: Cuba (graduate)
Health and Human Rights (undergraduate) Epidemiology (undergraduate)
Health and Human Rights (graduate)
Health Rights Litigation (graduate)

COMMITTEES AND ADVISORY BOARD MEMBERSHIP

Editorial

09/2019 – Present 01/2010 – Present 07/2012 – Present 01/2015 – 07/2016 09/2017 – 06/2018

Senior Editor, Health and Human Rights Journal Journal of the International AIDS Society, Editorial Board Journal of the International AIDS Society, Ethics Committee Co-Editor, The Lancet HIV Special Issue on HIV and Prisoners Co-Editor, Health and Human Rights Journal Special Issue on NTDs and Human Rights

Advisory
09/2016 – Present
12/2014 – Present 07/2008 – Present 06/2012 – 6/2018
02/2012 – 01/2016 01/2014 – 01/2016 07/2011 – 07/2012 11/2009 – 09/2012

The Global Fund, Working Group on Monitoring and Evaluating Programmes to Remove Human Rights Barriers to HIV, TB and Malaria Services UNAIDS, Strategic and Technical Advisory Group UNAIDS, HIV and Human Rights Reference Group (co-chair Aug 2014 – present) Global Institute for Health and Human Rights, University at Albany, International Advisory Board Founding member, Coalition for the Protection of Health Workers in Armed Conflict Founding member: Robert Carr Award for Research on HIV and Human Rights XIX International AIDS Conference, Scientific Programme Committee WHO/STOP TB Partnership, TB and Human Rights Task Force

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FULL-TIME WORK EXPERIENCE

09/2018-Present

Drexel University, Dornsife School of Public Health, Philadelphia, PA. - Director, Global Health - Clinical Professor, Dept of Community Health and Prevention

02/2016–08/2018 08/2005–01/2016 07/2003–06/2005

Helen Keller International, New York, NY. - Vice President, Neglected Tropical Diseases
Provided strategic, technical and overall management for >$125m portfolio of work on NTDs. Led development of proposals resulting in >$80m in new projects.
Human Rights Watch, New York, NY. - Director, Health Division (Sept 2008 – Jan 2016) - Founded Disability Rights Division (2013); Environment Division (2015) - Director, HIV/AIDS Program (August 2005 – August 2008)
Led research and advocacy division focused on human rights and health. Founded programs on disability rights and environment. Responsible for financial and personnel management, fundraising and communications.
Centers for Disease Control and Prevention, Atlanta, GA. - Epidemiologist, EIS Officer
Led hepatitis outbreak investigations in US and overseas. Collaborated with U.S. and international academic and government researchers. Analyzed trends in hepatitis prevalence and vaccination rates in diverse populations.

07/2000–09/2002 07/1995–06/1998

Walter Reed Army Institute of Research, Silver Spring, MD. - Research Fellow
Conducted molecular epidemiologic and immunologic research on malaria, examining host-parasite interaction, vaccine efficacy, and correlates of disease severity.
Family Health International, Arlington, VA. - Technical Officer (Jan – June 1998) - Evaluation Officer (Aug 1996 – Dec 1997) - Associate Evaluation Officer (July 1995 – July 1996)
Designed and analyzed HIV behavioral research and program evaluation studies. Supervised field-based research and evaluation staff in U.S., Brazil, Jamaica, Dominican Republic, Kenya, Ghana, and Haiti.

09/1992–11/1994

U.S. Peace Corps, Lomé, Togo. - Volunteer
Designed and implemented process monitoring system for national Guinea Worm eradication program. Conducted health education training. Supervised village health workers.

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SHORT-TERM AND CONSULTING EXPERIENCE

Human Rights Watch, New Provide technical review for research design,

York, NY.

analysis and documents related to health and

environment and human rights.

Sept 2018 – Present

The Futures Group International, REACH Project, Washington DC.
Walter Reed Army Institute of Research, Silver Spring, MD.

Co-investigator for HIV/AIDS operations research related to orphans and vulnerable children and adolescent-oriented HIV volunteer counseling and testing.
Developed database and provided statistical support to malaria vaccine clinical trial project.

John Snow, Inc., Arlington, VA.

Developed curriculum and provided training on HIV/AIDS monitoring and evaluation to Ministry of Health staff from 8 countries.

TvT Associates, SYNERGY Designed $20+ million comprehensive HIV/AIDS Project, Washington, DC. strategy for USAID Ukraine and USAID Russia.

Mar 2002 – June 2003 Apr 2002 – June 2003 Dec. 2002 – June 2003 Dec. 2001 – April 2003

PACT, Washington, DC.

Designed outcome and impact evaluation of HIV behavioral intervention project.

Encompass LLC, Bethesda, Designed evaluation of World Bank health sector

MD.

reform training.

June 2002 January – May 2002

U of Washington, Center for Health Education and Research.
Family Health International, Arlington, VA.

Developed guidelines and training materials for monitoring and evaluating HIV/AIDS programs.

April – May 2002

Analyzed HIV-related behavioral surveillance results Sept 1998 – Mar 2002 from studies in Honduras, Nigeria, Ghana, and Senegal.

Datex Inc., Falls Church, VA.

Provided expert review for USAID-funded HIV/AIDS behavioral intervention grants competition.

May– Jun 2001 Jan – Feb 2000

PLAN International

Designed and implemented quantitative and

Bamako, Mali and Arlington, qualitative evaluation of HIV/AIDS program and

VA.

developed $6 million follow-on program.

Ministry of Health, Kingston, Jamaica.

Analyzed behavioral surveillance results and facilitated workshop examining HIV trends.

May – Dec 2000 Oct 1998

Eli Lilly Foundation, Diabetes Control Program, Accra, Ghana.
Carter Center, Niger Guinea Worm Eradication Program, Zinder, Niger.

Designed and implemented outcome and impact evaluation of diabetes prevention and care program.
Designed and implemented outcome and impact evaluation of guinea worm eradication program.

Sept 1996
Mar – May 1995
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PEER REVIEW JOURNAL PUBLICATIONS

1

Kotellos KA, Amon JJ, Githens Benazerga W. Field Experiences: measuring capacity building

efforts in HIV/AIDS prevention programmes. AIDS 1998; 12 (supl 2):109-17.

2

Figueroa JP, Brathwaite AR, Wedderburn M, Ward E, Lewis-Bell K, Amon JJ, Williams Y,

Williams E. Is HIV/STD control in Jamaica making a difference? AIDS 1998; 12 (supl 2):S89-

S98.

3

Hayman JR, Hayes SF, Amon J, Nash TE. Developmental expression of two spore wall proteins

during maturation of the microsporidian Encephalitozoon intestinalis. Infect Immun 2001;

69(11):7057-66.

4

Amon JJ. Preventing HIV Infections in Children and Adolescents in Sub-Saharan Africa through

Integrated Care and Support Activities. African Journal on AIDS Research. 2002; 1(2):143-9.

5

Gourley IS, Kurtis JD, Kamoun M, Amon JJ, Duffy PE. Profound bias in interferon-gamma and

interleukin-6 allele frequencies in an area of western Kenya where severe malarial anemia is

common in children. Journal of Infectious Disease. 2002; 186(7):1007-12.

6

Wheeler C, Vogt T, Armstrong GL, Vaughan G, Weltman A, Nainan OV, Dato V, Xia G, Waller

K, Amon J, Lee TM, Highbaugh-Battle A, Hembree C, Evenson S, Ruta MA, Williams IT, Fiore

AE, Bell BP. A Foodborne Outbreak of Hepatitis A in Pennsylvania Associated with Green

Onions. New England Journal of Medicine 2005, 353(9):890-7.

7

Amon JJ, Nedsuwan S, Chantra S, Bell BP, Dowell SF, Olsen SJ, Wasley A. Trends in Liver

Cancer, Sa Kaeo Province, Thailand. Asian Pacific Journal of Cancer Prevention 2005, 6(3):382-

6.

8

Amon JJ, Devasia R, Xia G, Nainan OV, Hall S, Lawson B, Wolthuis JS, Macdonald PD,

Shepard CW, Williams IT, Armstrong GL, Gabel JA, Erwin P, Sheeler L, Kuhnert W, Patel P,

Vaughan G, Weltman A, Craig AS, Bell BP, Fiore A. Molecular Epidemiology of Foodborne

Hepatitis A Outbreaks in the United States, 2003. Journal of Infectious Disease. 2005 Oct

15;192(8):1323-30.

9

Amon JJ, Drobeniuc J, Bower W, Magaña JC, Escobedo MA, Williams IT, Bell BP, Armstrong

GL. Locally Acquired Hepatitis E Virus Infection, El Paso, TX. Journal of Medical Virology 2006,

78(6):741-6.

10 Amon JJ, Darling N, Fiore AE, Bell BP, Barker LE. Factors Associated with Hepatitis A Vaccination among Children 24-35 Months in the U.S., 2003. Pediatrics 2006, 117(1):30-3.

11 Ryan JR, Stoute JA, Amon J, Dunton RF, Mtalib R, Koros J, Owour B, Luckhart S, Wirtz RA, Barnwell JW, Rosenberg R. Evidence for Transmission of Plasmodium Vivax among a Duffy Antigen Negative Population in Western Kenya. American Journal of Tropical Medicine and Hygiene. 2006 75(4):575-81.

12 Kippenberg J, Baptiste J, Amon JJ. Detention of Insolvent Patients in Burundian Hospitals. Health Policy and Planning. 2008; Jan;23(1):14-23.

13 Amon JJ. Dangerous Medicines: Unproven AIDS Cures and Counterfeit Antiretroviral Drugs. Globalization and Health. 2008; Feb 27;4:5.

14 Amon JJ, Garfein R, Adieh-Grant L, Armstrong GL, Ouellet LJ, Latka MH, Vlahov D, Strathdee SA, Hudson SM, Kerndt P, Des Jarlais D, Williams IT. Prevalence of HCV infection among injecting drug users in 4 U.S. cities at 3 time periods, 1994 – 2004. Clinical Infectious Diseases. 2008, Jun 15;46(12):1852-8.

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15 Cohen JE and Amon JJ. Health and human rights concerns of drug user in detention in Guangxi, China. PLoS Medicine. 2008, Dec 9;5(12):e234.
16 Amon JJ and Todrys K. Fear of Foreigners: HIV-related restrictions on entry, stay, and residence. Journal of the International AIDS Society. 2008, Dec 16;11:8..
17 Amon JJ and Kasambala T. Structural Barriers and Human Rights Related to HIV Prevention and Treatment in Zimbabwe. Global Public Health. 2009, Mar 26:1-17.
18 Amon JJ and Todrys K. Access to Antiretroviral Treatment for Migrant Populations in the Global South. SUR: International Journal on Human Rights. 2009, 6 (10), 162-187.
19 Todrys K. and Amon JJ. Within but Without: Human Rights and Access to HIV Prevention and Treatment for Internal Migrants. Globalization and Health. 2009, 5, 17.
20 Hafkin J, Gammino VM, Amon JJ. Drug Resistant Tuberculosis in Sub-Saharan Africa. Current Infectious Disease Reports 2010, 12(1), 36-45.
21 Lohman D, Schleifer R, Amon JJ. Access to Pain Treatment as a Human Right. BMC Medicine. 2010 Jan 20;8(1):8.
22 Jurgens R, Csete J, Amon JJ, Baral S, Beyrer C. People who use drugs, HIV, and human rights. Lancet 2010 Aug 7;376(9739):475-85.
23 Thomas L, Lohman D, Amon J. Access to pain treatment and palliative care: A human rights analysis. Temple International and Comparative Law Journal. Spring 2010. 24, 365
24 Todrys K*, Amon JJ*, Malembeka G, Clayton M. Imprisoned and imperiled: access to HIV and TB prevention and treatment, and denial of human rights, in Zambian prisons. Journal of the International AIDS Society 2011, 14:8. (*co-first authors)
25 Todrys K, Amon JJ. Health and human rights of women imprisoned in Zambia. BMC International Health and Human Rights 2011, 11:8.
26 Todrys K, Amon JJ. Human rights and health among juvenile prisoners in Zambia. International Journal of Prisoner Health, 2011, 7(1):10-17.
27 Barr D, Amon JJ, Clayton M. Articulating a rights-based approach to HIV treatment and prevention interventions. Current HIV Research, 2011, 9, 396-404.
28 Granich R, Gupta S, Suthar AB, et al. (Amon J, as member of the ART in Prevention of HIV and TB Research Writing Group) Antiretroviral therapy in prevention of HIV and TB: update on current research efforts. Current HIV Research, 2011 9, 446-69.
29 Jones L, Akugizibwe P, Clayton M, Amon JJ, Sabin ML, Bennett R, Stegling C, Baggaley R, Kahn JG, Holmes CB, Garg N, Obermeyer CM, Mack CD, Williams P, Smyth C, Vitoria M, Crowley S, Williams B, McClure C, Granich R, Hirnschall G. Costing human rights interventions as a part of universal access to HIV treatment and care in a Southern African setting. Current HIV Research, 2011, 9, 416-428.
30 Todrys KW, Amon JJ. Criminal Justice Reform as HIV and TB Prevention in African Prisons. PLoS Medicine, 2012, 9(5): e1001215.
31 Biehl J, Amon JJ, Socal MP, Petryna A. Between the court and the clinic: Lawsuits for medicines and the right to health in Brazil. Health and Human Rights Journal. June 2012, 12(6).
32 Amon JJ, Beyrer C, Baral S., Kass N. Human Rights Research and Ethics Review: Protecting Individuals or Protecting the State? PLoS Med 9(10): e1001325. Oct 2012
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33 Dekker AM, Amon JJ, le Roux KW, Gaunt CB. What is Killing Me Most: Chronic Pain and the Need for Palliative Care in Eastern Cape, South Africa. Journal of Pain and Palliative Care Pharmacotherapy. 2012;26:1–7.
34 Amon JJ, Buchanan J, Cohen J, Kippenberg J. Child Labor and Environmental Health: Government Obligations and Human Rights. International Journal Pediatrics. 2012, #938306
35 Cohen JE, Amon JJ. China’s Lead Poisoning Crisis. Health and Human Rights Journal. 2012: Dec 15;14(2):74-86
36 Todrys KW, Howe E, Amon JJ. Failing Siracusa: Governments’ Obligations to Find the Least Restrictive Options for Tuberculosis Control. Public Health Action. 2013: 3(1):7-10.
37 Amon JJ, Schleifer R, Pearshouse R, Cohen JE. Compulsory Drug Detention Centers in China, Cambodia, Vietnam and Lao PDR: Health and Human Rights Abuses. Health and Human Rights Journal. December 2013.
38 Amon JJ, Schleifer R, Pearshouse R, Cohen JE. Compulsory Drug Detention in East and Southeast Asia: Evolving Government, UN and Donor Responses. International Journal of Drug Policy 2014: 25(1):13-20.
39 Denholm JT, Amon JJ, O’Brien R et al. Attitudes towards involuntary incarceration for tuberculosis: a survey of Union members. International Journal of Tuberculosis and Lung Disease 2014: 18(2):155-9.
40 Amon JJ, Wurth M, McLemore M. Evaluating Human Rights Advocacy: A Case Study on Criminal Justice, HIV and Sex Work. Health and Human Rights Journal 17/1. March 2015.
41 Lohman D, Amon JJ. Evaluating a Human Rights-Based Advocacy Approach to Expanding Access to Pain Medicines and Palliative Care: Global Advocacy and Case Studies from India, Kenya, and Ukraine. Health and Human Rights Journal 17/2. Dec 2015.
42 Meier BM, Gelpi A, Kavanagh MM, Forman L, Amon JJ. Employing Human Rights Frameworks to Realize Access to an HIV Cure. J Int AIDS Soc. 18(1):20305.
43 Biehl J, Socal M, Amon JJ. The Judicialization of Health and the Quest for State Accountability: Evidence from 1,262 Lawsuits for Access to Medicines in Southern Brazil. Health and Human Rights Journal 18/1. June 2016.
44 Rich JD, Beckwith CG, Macmadu A, Marshall BD, Brinkley-Rubinstein L, Amon JJ, Milloy MJ, King MR, Sanchez J, Atwoli L, Altice FL. Clinical care of incarcerated people with HIV, viral hepatitis, or tuberculosis. The Lancet. 2016 Jul 14.
45 Dolan K, Wirtz AL, Moazen B, Ndeffombah M, Galvani A, Kinner SA, Courtney R, McKee M, Amon JJ, Maher L, Hellard M. Global burden of HIV, viral hepatitis, and tuberculosis in prisoners and detainees. The Lancet. 2016 Jul 14.
46 Rubenstein LS, Amon JJ, McLemore M, Eba P, Dolan K, Lines R, Beyrer C. HIV, prisoners, and human rights. The Lancet. 2016 Jul 14.
47 Telisinghe L, Charalambous S, Topp SM, Herce ME, Hoffmann CJ, Barron P, Schouten EJ, Jahn A, Zachariah R, Harries AD, Beyrer C, Amon JJ. HIV and tuberculosis in prisons in sub-Saharan Africa. The Lancet. 2016 Jul 14.
48 Beletsky L, Arredondo J, Werb D, Vera A, Abramovitz D, Amon JJ, Brouwer KC, Strathdee SA, Gaines TL. Utilization of Google enterprise tools to georeference survey data among hard-toreach groups: strategic application in international settings. International Journal of Health Geographics. 2016 Jul 28;15(1):24.
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49 Doyle KE, El Nakib SK, Rajagopal MR, S Babu, G Joshi, V Kumarasamy, P Kumari, P Chaudhri, S Mohanthy, D Jatua, D Lohman, Amon JJ, G Palat. Predictors and prevalence of pain and its management in four regional cancer hospitals in India. Journal of Global Oncology. (2017): JGO2016.
50 Hamdi H, Ba O, Niang S, Ntizimira C, Mbengue M, Coulbary AS, Niang R, Parsons M, Amon JJ, Lohman D. Palliative Care Need and Availability in Four Referral Hospitals in Senegal: Results from a Multi-Component Assessment. Journal of Pain and Symptom Management. 2017 Dec 7.
51 Traoré L, Dembele B, Keita M, Reid S, Dembéle M, Mariko B, Coulibaly F, Goldman W, Traoré D, Coulibaly D, Guindo B, Amon JJ, Knieriemen M, Zhang Y. Prevalence of trachoma in the Kayes region of Mali eight years after stopping mass drug administration. PLoS neglected tropical diseases. Feb 2018;12(2):e0006289.
52 Biehl J, Socal MP, Gauri V, Diniz D, Medeiros M, Rondon G, Amon JJ. Judicialization 2.0: Understanding right-to-health litigation in real time. Global Public Health. May 2018 22:1-0.
53 Sun N and Amon JJ. Addressing Inequity: Neglected Tropical Diseases and Human Rights. Health and Human Rights Journal. June 2018.
54 Amon JJ, Addiss D. “Equipping Practitioners”: Linking Neglected Tropical Diseases and Human Rights. Health and Human Rights Journal. June 2018.
55 Géopogui A, Badila CF, Baldé MS, Nieba C, Lamah L, Reid SD, Yattara ML, Tougoue JJ, Ngondi J, Bamba IF, Amon JJ. Baseline trachoma prevalence in Guinea: Results of national trachoma mapping in 31 health districts. PLoS neglected tropical diseases. June 2018; 12(6):e0006585.
56 Coltart CE, Hoppe A, Parker M, Dawson L, Amon JJ, Simwinga M, Geller G, Henderson G, Laeyendecker O, Tucker JD, Eba P. Ethical considerations in global HIV phylogenetic research. The Lancet HIV. Aug 2018
57 Amon JJ, Eba P, Sprague L, Edwards O, Beyrer C. Defining rights-based indicators for HIV epidemic transition. PLoS medicine. Dec 2018; 15(12):e1002720.
58 Bah YM, Bah MS, Paye J, Conteh A, Saffa S, Tia A, Sonnie M, Veinoglou A, Amon JJ, Hodges MH, Zhang Y. Soil-transmitted helminth infection in school age children in Sierra Leone after a decade of preventive chemotherapy interventions. Infectious diseases of poverty. 2019 Dec;8(1):41.
59 Addiss DG, Amon JJ. Apology and Unintended Harm in Global Health. Health and Human Rights. 2019 Jun;21(1):19.
60 Socal MP, Amon JJ, Biehl J. Institutional Determinants of Right-to-Health Litigation: The Role of Public Legal Services on Access to Medicines in Brazil. Global Public Health. (in press)
61 Ward E, Hannass-Hancock J, Amon JJ. Invisible: The Exclusion of Persons with Disabilities from HIV Research and National Strategic Plans in East and Southern Africa. (Article: submitted)
BOOK CHAPTERS
1 Amon J. Africa, Southern in: Encyclopedia of AIDS, Ray Smith, ed. Chicago: Fitzroy Dearborn Publishers, 1998.
2 Amon JJ, Kotellos KA, Githens Benazerga W. Evaluating Capacity Building. HIV/AIDS Prevention and Control Synopsis Series. Family Health International, Arlington, VA: 1997.
3 Amon JJ, Saidel TJ, Mills S. Behavioral Surveillance Survey Methodology: Experiences from Senegal and India. WHO/UNAIDS Best Practices Series. WHO/UNAIDS. Geneva, June 2000.
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4 Amon J, Brown T, Hogle J, MacNeil J, et al. Behavioral Surveillance Surveys: Guidelines for repeated behavioral surveys in populations at risk of HIV. FHI/IMPACT, USAID, DFID Publication. August 2000.
5 Kolars-Sow C, Saidel T, Hogle J, Amon J, Mills S. Indicators and questionnaires for behavioral surveys. In: Rehle T, Saidel T, Mills S, and Magnani R., (eds.) Evaluating Programs for HIV/AIDS Prevention and Care in Developing Countries: A Handbook for Program Managers and Decision Makers. Family Health International, Arlington, VA. August 2001.
6 Amon JJ, Bond KC, Brahmbhatt MN, et al. Bellagio Principles on Social Justice and Influenza. Johns Hopkins. Berman Institute of Bioethics. July 2006.
7 Cohen J. and Amon J. Governance, Human Rights and Infectious Disease: Theoretical, Empirical and Practical Perspectives. in: K.H. Mayer and H. F. Pizer, (eds.) Social Ecology of Infectious Diseases. New York: Academic Press. December 2007.
8 Amon J. High Hurdles for Health. In: M. Worden (ed.) China’s Great Leap: The Beijing Games and Olympian Human Rights Challenges. Seven Stories Press. May 2008.
9 Amon J. Preventing the Further Spread of HIV/AIDS: The Essential Role of Human Rights. In: N. Sudarshan (ed.) HIV/AIDS, Health Care and Human Rights Approaches. Amicus Books. Jan 2009.
10 Amon J. Abusing Patients. In: Human Rights Watch, 2010 World Report. New York: Seven Stories Press. Jan 2010.
11 Amon JJ and Kasambala T. Structural barriers and human rights related to HIV prevention and treatment in Zimbabwe. In: M. Seglid and T. Pogge (eds) Health Rights. London: Ashgate. Oct 2010.
12 Amon JJ. HIV and the Right to Know: Whose right to know what? The discourse of human rights in the global HIV response. In: J. Biehl and A. Petryna (eds.) "When people come first: Anthropology and social innovation in global health". Princeton: Princeton University Press. July 2013.
13 Amon JJ. Health Security and/or Human Rights? In: S Rushton and J Youde (eds) “Routledge Handbook of Health Security”. New York: Routeledge. August 2014.
14 Amon JJ and Friedman E. Human Rights Advocacy for Global Health. In: LO Gostin and BM Meier (eds) “Foundations of Global Health & Human Rights”. New York: Oxford University Press. 2020
EDITORIAL/COMMENT
1 Amon J. The Continued Challenge Posed by HIV-Related Restrictions on Entry, Stay, and Residence. HIV/AIDS Policy and Law Review. 2008, 13(2/3).
2 Biehl J, Petryna A, Gertner A, Amon JJ, Picon PD. Judicialization of the Right to Health in Brazil. Lancet. 2009, 373(9682):2182-4.
3 Amon JJ, Girard F, Keshavjee S. Limitations on human rights in the context of drug-resistant tuberculosis: A reply to Boggio et al. Health and Human Rights. 2009, 11(1).
4 Thomas L, Lohman D, Amon J. Doctors take on the state: championing patients' right to pain treatment. Int J Clin Pract. 2010, 64(12):1599-600.
5 Amon J. HIV Treatment as Prevention – Human Rights Issues. Journal of the International AIDS Society. 2010, 13(Suppl 4):O15
6 Amon JJ. Hepatitis in Drug Users: Time for Attention, Time for Action. Lancet, 2011, 378(9791):543-4
7 Amon J, Lohman D. Denial of Pain Treatment and the Prohibition of Torture, Cruel, Inhuman or Degrading Treatment or Punishment. Interrights Bulletin, 2011, Vol 16: 4.
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8 Amon J. Justice Delayed, Health Denied. The Scientist. June, 2012.
9 Kyoma M, Todrys KW, Amon JJ. Laws against sodomy and the HIV epidemic in African prisons. Lancet, 2012, 380 (9839): 310 - 312
10 Pearshouse R, Amon JJ. The Ethics of Research in Compulsory Drug Detention Centers in Asia. Journal of the International AIDS Society. 2012, 15:18491
11 Wurth MH, Schleifer R, McLemore M, Todrys KW, Amon JJ. Condoms as Evidence of Prostitution in the US and the Criminalization of Sex Work. Journal of the International AIDS Society. 16(1): 10.7448/IAS.16.1.18626.
12 Amon JJ. Political Epidemiology of HIV. Journal of the International AIDS Society. 2014, 17:19327
13 Amon JJ. Law, Human Rights and Health Databases: A roundtable discussion. Health and Human Rights Journal. September 2014.
14 Otremba M, Berland G, Amon JJ. Hospitals as Debtor Prisons. The Lancet Global Health. 3, 5: e253–e254, May 2015.
15 Beyrer C, Kamarulzaman A, McKee M, for the Lancet HIV in Prisoners Group (incl. Amon JJ). Prisoners, prisons, and HIV: time for reform. The Lancet. 2016 Jul 14.
16 Amon JJ. The impact of climate change and population mobility on neglected tropical disease elimination. International Journal of Infectious Diseases 53 (2016): 12.
17 Amon JJ. WHO Focus on Human Rights: Will it Extend to Neglected Tropical Diseases? Health and Human Rights Journal. Nov 2017.
18 Groves, A, Maman S, Stankard PH, Gebrekristos LT, Amon JJ, Moodley D. Addressing the unique needs of adolescent mothers in the fight against HIV. Journal of the International AIDS Society.
19 Amon JJ, Sun N. Subverting Rights: Addressing the Increasing Barriers to Reproductive Rights. Health and Human Rights Journal. May 2018.
20 Biehl J, Amon JJ. The Right to Remedies: On Human Rights Critiques and Peoples’ Recourses. Humanity Journal. Oct 2019
21 Williams C, Amon JJ, Bassett MT, Roux AV, Farmer PE. 25 Years: Exploring the Health and Human Rights Journey. Health and Human Rights. 2019 Dec;21(2):279.
22 Amon JJ, Sun N. HIV, human rights and the last mile. Journal of the International AIDS Society. 2019 Dec 1;22(12).
23 Amon JJ. Ending discrimination in healthcare. Journal of the International AIDS Society. 2020 Feb;23(2).
LETTERS
1 Amon JJ. The HIV/AIDS Epidemic in Ukraine: stable or still exploding? Sexually Transmitted Infections. 2003 79(3):263-4.
2 Lohman D, Amon JJ. HIV Testing. Lancet. 2008 Feb 16;371(9612):557-8.
3 Root B, Levine I, Amon JJ. Counting and Accountability. Lancet. 2008 Jan 12;371(9607):113.
4 Tarantola D, Amon J, Zwi A, Gruskin S, Gostin L. H1N1, public health security, bioethics, and human rights. Lancet. 2009 Jun 20;373(9681):2107-8
5 Hsieh A, Amon JJ. Ratification of human rights treaties: the beginning not the end. Lancet. 2009 Aug 8;374(9688):447
6 Amon J, Lohman D, Thomas L. Access to pain treatment a luxury for most. Lancet 2009 Nov 14; 374:1676
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7 Amon J. Harm reduction and the Catholic Church. Conscience. Winter 2010.
8 Amon J. Human Rights Abuses, Ethics, and the Protection of Subjects When Conducting Research on Intravenous Drug Users in China. JAIDS: Journal of Acquired Immune Deficiency Syndromes. June 2011.
9 Cohen EJ, Amon JJ. Lead Poisoning in China. Lancet, 2011, 378(9803):e3.
10 Amon JJ. Chinese Addiction Study and Human Rights. Science, 2012, 337:522-523.
11 Pearshouse R and Amon JJ. Human Rights and HIV Interventions in Chinese Labour Camps. Sex Transm Infect. doi:10.1136/sextrans-2015-052193
12 Biehl J, Amon JJ, Socal M, Petryna A. The Challenging Nature of Gathering Evidence and Analyzing the Judicialization of Health in Brazil. Cadernos de Saúde Pública. July 2016.
13 Biehl J, Socal M, Amon JJ. On the Heterogeneity and Politics of the Judicialization of Health in Brazil. Health and Human Rights Journal. Dec 2016.
14 Amon J. Re: Attacks on Ebola Health Workers in the Democratic Republic of Congo. New York Times. May 23, 2019.
15 Rubenstein L, Amon JJ. Global health, human rights, and the law. The Lancet. 2019 Nov 30;394(10213):1987-8.

OPINION

1

Empowering Women and Realizing Rights. Toronto Star. August 11, 2006

2

Why We Need an International AIDS Conference. Toronto Globe and Mail. August 15, 2006

3

Curb HIV infection rates in Texas prisons. Austin American Statesman. May 10, 2007

4

Diagnosis and Prescriptions. Foreign Affairs. May/June 2007

5

The Bush Policy On AIDS. Huffington Post. July 26, 2007

6

Saudi Move on HIV/AIDS will make the epidemic worse. Saudi Debate. Oct 24, 2007

7

How not to fight HIV/Aids. The Guardian. Jan 28, 2008

8

Blaming Foreigners. The Korea Times. March 12, 2009

9

Progress against HIV at risk. Phnom Penh Post. November 16, 2009

10 HIV Travel Bans: Small Steps, Big Gaps. Huffington Post. January 11, 2010

11 Don't Improve Drug Detention: End It. Huffington Post. January 15, 2010

12 Torture in health care. Huffington Post. January 22, 2010

13 Treatment or punishment? Bangkok Post. January 24, 2010

14 Rights abuses threaten HIV risk. Phnom Penh Post. January 27, 2010

15 Cambodian drug rehab centers: Abusive, illegal, ineffective. The Nation (Bangkok). Jan 27 2010

16 Drug dependence is not a moral issue. Phnom Penh Post. January 29, 2010

17 Condoms and Bibles. The National (PNG). February 8, 2010

18 Chronic Pain and Torture. Huffington Post. February 23, 2010

19 Invisible Women. Huffington Post. March 8, 2010

20 How Not to Protect Children. Phnom Penh Post. March 8, 2010 21 Choam Chao needs independent investigation. Phnom Penh Post. March 24, 2010

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22 March 24 Is World Tuberculosis Day. Huffington Post. March 24, 2010 23 Who Will Defend Children in Cambodian Drug Rehab Centres? The Nation. March 31, 2010 24 Holiday in Cambodia? Huffington Post. April 6, 2010 25 When the Government Sponsors Stigma. Huffington Post. April 27, 2010 (with M. McLemore) 26 Zambia’s TB-ridden prisons. The Guardian. April 27, 2010 27 Chinese Corruption Is Hazardous to Your Health. Asia Wall Street Journal. May 13, 2010 28 Why the Vietnamese Don’t Want to Go to Rehab. Foreign Policy. May 28, 2010 29 Aids and TB are breaking out of prisons. East African. June 7, 2010 30 Uganda AIDS Policy: from Exemplary to Ineffective. The Observer (Kampala) June 24, 2010 31 When a Problem Comes Along, You Must Whip It. Huffington Post. June 26, 2010 32 Action not Rhetoric on HIV and Human Rights. Huffington Post. July 2, 2010 33 The Truth About China's Response to HIV/AIDS. Los Angeles Times. July 11, 2010 34 HIV Behind Bars. The Post (Lusaka). July 11, 2010 35 HIV and Human Rights: Here and Now? Huffington Post. July 19, 2010 36 The HIV and TB Prison Crisis in Southern Africa. Huffington Post. July 23, 2010 37 Jailing TB patients not remedy for the disease. The Star (Nairobi). Sept 17, 2010 38 Rights and Health, Right Now, for Migrants. Africa Now (Tokyo). October 2010 (with Kanae Doi) 39 Why Democracies Don't Get Cholera. Foreign Policy. October 25, 2010. 40 The Beginning of the End for the War on Drugs? San Francisco Chronicle. November 21, 2010 41 Rights Abuses Belie Success in AIDS Fight. South China Morning Post. December 1, 2010 42 World AIDS Day: Prevention, Treatment for Prisoners. Zambia Post. December 1, 2010 43 Lead poisoning in Nigeria: unprecedented. Global Post. December 2, 2010 44 China is hurting its future by not acting on lead. South China Morning Post. June 20, 2011 45 Hard life in Ugandan prisons. The Independent (Uganda). July 8. 2011 46 'Utterly Irresponsible': Donor Funding in Drug 'Treatment' Centers. Huff. Post. Sept 14, 2011 47 National Cashew Day: More Than Nuts. Global Post. October 3, 2011 48 A centre for abuse and beating. The Nation (Bangkok). October 11, 2011 49 Laos’ Murky War on Drugs. The Diplomat. October 12, 2011 50 One AIDS march that should end. Washington Blade. October 28, 2011 51 Seoul’s Broken Promises on HIV Testing. The Diplomat. June 29, 2013 52 Drug treatment centres give more abuse than therapy. Bangkok Post. December 18, 2013 53 Enlightened drug policies emerge globally, Cambodia remains rigid. Global Post. Jan 9, 2014 54 Health Under Attack. HRW Dispatch. May 19, 2014 (with Jennifer Pierre) 55 Canada's prostitution bill a step in the wrong direction. Ottawa Citizen. June 18, 2014 55 In The HIV Response, Who is ‘Hard to Reach’? HRW Dispatch. July 23, 2014 56 Defeating AIDS. HRW Dispatch. June 30, 2015 57 How not to handle Ebola. CNN. September 12, 2014
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58 Taking Care of the Caregivers. HRW Dispatch. December 17, 2014
59 Alert in a Time of Cholera. HRW Dispatch. March 26, 2015
60 Stop Using Hospitals as Debtor Prisons. HRW Dispatch. April 14, 2015
61 COP21: The Impact of Climate Change on the World’s Marginalized Populations: Turkana County, Kenya. Health and Human Rights Journal Blog. October 27, 2015. (with Katharina Rall)
62 An Important, but Imperfect, Agreement by an Unprecedented Coalition. US News and World Report. December 18, 2015
63 Health workers are under attack around the world. Here’s how bad it’s getting. Philadelphia Inquirer. May 28, 2019. (with Jennifer Taylor)
INVITED PRESENTATIONS (SELECT)
1 Surveillance design and evaluation approach of the Togo Guinea Worm Eradication Program. III West African Guinea Worm Eradication Conference, Abidjan, Cote d’Ivoire, November 1993.
2 Knowledge, attitudes and behaviors related to Guinea Worm Eradication, Togo. IV West African Guinea Worm Eradication Conference, Ouagadougou, Burkina Faso, October 1994.
3 Synthesis of evaluation results from the AIDSCAP project: 1992-1996. HIV/STD/AIDS National Forum, Port-au-Prince, Haiti, June 3-5, 1996. Research and Evaluation Panel Chair.
4 International Trends in HIV-Risk Related Behavior Change. National Conference on HIV/AIDS, Kingston, Jamaica, November 25-26, 1996.
5 HIV/AIDS and Adolescents in Ukraine. Ukrainian-American Medical Society Annual Meeting. Philadelphia, PA, May 2003.
6 Expanding HIV testing and respecting rights. International conference on HIV/AIDS and Human Rights. Smolny College. St Petersburg, Russia. October 2005.
7 HIV in Conflict Settings. Joint Congressional Human Rights Caucus meeting. Washington DC. March 2006.
8 Reflections and recollections. Masters Internationalist - US Peace Corps Symposium. Washington DC. April 2006. (Keynote)
9 Civil Society Participation in the Response to HIV/AIDS and Accountability. Presented in panel 1: Breaking the cycle of infection for sustainable AIDS responses. United Nations General Assembly Special Session on HIV/AIDS. New York. June 2006.
10 HIV testing and human rights. Public Health Agency of Canada Meeting on HIV Testing. Toronto. August 2006.
11 Hot Topics in Human Rights. XVI International AIDS Conference. Toronto. August 2006.
12 Burma, HIV and Human Rights. Asia Society. New York. September 2007.
13 HIV and Youth. 12th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium. New York University. New York. October 2007.
14 HIV testing: human rights considerations. Funders Network on Population, Reproductive Health and Rights. Annual Meeting, San Antonio, TX. October 2007.
15 Human Rights and Epidemic Disease: TB control and constraints on rights. Human Rights Funders Group. Annual Meeting. New York, NY. July 2008.
16 Promoting Public Health and Human Rights in MDR-TB Care. International Union against Lung and Tuberculosis Disease. Paris, France. October 2008.
17 Public Health and Human Rights: Challenges around the World. New York Academy of Sciences and Johns Hopkins School of Public Health Conference on Public Health and Human Rights. New York, NY. Dec 2008.
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Case 2:20-cv-00496-CB-CRE Document 1-3 Filed 04/08/20 Page 14 of 19
18 Human Rights and Anti-Narcotics Policy. UN General Assembly, Special Session on Drugs. Vienna, Austria. March 2009.
19 Rights-based approaches to health. Interaction Annual Meeting. Arlington, VA. July 2009. (panel moderator)
20 Health and Human Rights: New orthodoxies and on-going conflicts in repressive states. Stanford University, Palo Alto, CA. October 2010.
21 HIV in Asia. Asia Society. December 1, 2010. 22 HIV Rights and Wrongs. GlobeMed National Conference. Northwestern University, Chicago, IL.
April 2011. (Keynote) 23 Human Rights Perspective. International Workshop on Treatment as Prevention. Vancouver,
Canada. May 2011. 24 Sustaining Environmental, Occupational and Public Health and Community Security: Lead
Poisoning in China and Nigeria. 12th National Conference on Science, Policy and the Environment. Washington, DC. January 2012. 25 Health and Human Rights in Prisons. European Infectious Disease meeting. Italy. September 2012. (Keynote) 26 Measuring Violence against Children and the Effectiveness of Violence Prevention and Reduction Initiatives. Columbia University. October 2013. (Panel Discussion Moderator) 27 Political Epidemiology of HIV. HIV 2014: Science, Community and Policy for Key Vulnerable Populations. New York Academy of Sciences. May 2014. 28 On the Radar: Police Brutality, Politics & Public Health. Princeton University. March 2015. 29 Global Inequalities of Wealth and Health. Bernstein Institute for Human Rights Annual Conference. New York University School of Law. April 2015. 30 Environmental and occupational health and human rights. Health and Human Rights Principles and Pedagogy. Florence, Italy. June 2015. 31 Interviewing Victims of Human Rights Abuses. Buzzfeed. New York. June 2015. 32 Global Health and Governance. Brookings Institution. May 2016. 33 Access to pain medicine and human rights. O'Neill Institute Health Rights Litigation. June 2016 33 The Morbidity Management and Disability Prevention Project. Global Alliance for Elimination of Trachoma 2020. Geneva, Switzerland. April 2017. 34 Human Rights and Phylogenetic Analysis. Ethics of Phylogenetics. Gates Foundation, UNAIDS, National Institutes for Health. London, UK. May 2017. 35 Judicialization and access to medicines in Brazil. O'Neill Institute Health Rights Litigation. Washington DC. June 2016. 36 Implementing health related SDGs through a human rights perspective. United Nations Social Forum. Geneva. October 2017. 37 Indicators, Equity, Rights. Making the end of AIDS real: Consensus building around what we mean by “epidemic control”. Glion, Switzerland. October 2017.
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Case 2:20-cv-00496-CB-CRE Document 1-3 Filed 04/08/20 Page 15 of 19
CONFERENCE PRESENTATIONS
1 Wedderburn M, Amon J, Samiel S, Brathwaite A, Figueroa P. Knowledge, attitudes, beliefs and practices (KABP) about HIV/AIDS among male STD clinic attendees in Jamaica. XI Latin American Congress on STIs/V Panamerican Conference on AIDS, Lima, Peru, December 3-7, 1997.
2 Amon J, Bolanos L, Gonzales MT, Zelaya A, Lopez C, Rodriguez J. Knowledge of, availability, and use of condoms among commercial sex workers in four cities in Honduras. XI Latin American Congress on STIs/V Panamerican Conference on AIDS, Lima, Peru, December 3-7, 1997.
3 Wedderburn M, Amon J, Samiel S, Brathwaite A, Figueroa P. Knowledge, attitudes, beliefs and practices (KABP) about HIV/AIDS among youth aged 12-14 in Jamaica. XII Int Conf AIDS. 1998; 12:191 (abstract no. 13527).
4 Wedderburn M, Amon J, Samiel S, Brathwaite A, Figueroa P. Behavioral explanations for elevated prevalence of HIV in St. James Parish, Jamaica. XII Int Conf AIDS. 1998; 12:216-7 (abstract no. 14171).
5 D’Angelo LA, Amon J, Lemos ME, Rebeiro MA, Gitchens W, Kotellos K. Evaluating capacity building of implementing agencies in the AIDSCAP Brazil project. XII Int Conf AIDS. 1998;12:945 (abstract no. 43503).
6 Saidel T, Mills S, Amon J, Rehle T. Behavioral Surveillance Surveys (BSS) on specific target groups: a valuable complement to standardized general population surveys. XII Int Conf AIDS. 1998;12:233 (abstract no.14256).
7 Essah KAS, Jackson D, Attafuah JD, Amon J, Yeboah KG. Findings from the 2000 behavioral surveillance survey in Ghana. XIV International AIDS Conference: Abstract no. C11062
8 Chatterji M, Murray N, Dougherty L, Alkenbrack S, Winfrey B, Amon J, Ventimiglia T, Mukaneza A. Examining the impact of orphanhood on schoolleaving among children aged 619 in Rwanda, Zambia, and Cambodia. XV Int Conf on AIDS, 2004 (Abstract WePeD6602).
9 Murray NJ, Chatterji M, Dougherty L, Winfrey B, Buek K, Amon J, Mulenga Y, Jones A. Examining the impact of orphanhood and duration of orphanhood on sexual initiation among adolescents ages 10-19 in Rwanda and Zambia. XV Int Conf on AIDS, 2004 (Abstract TuOrD1218).
10 Amon J, Devasia R, Xia G, et al. Molecular Epidemiologic Investigation of Hepatitis A Outbreaks, 2003. 4th International Conference on Emerging Infectious Disease, Atlanta, GA, March 2004.
11 Amon J, Devasia R, Xia G, et al. Multiple Hepatitis A Outbreaks Associated with Green Onions among Restaurant Patrons – Tennessee, Georgia, and North Carolina, 2003. 53rd EIS Conference, Atlanta, GA, April 2004. (Winner, Mackel Award)
12 Chatterji M, Murray N, Dougherty L, Ventimiglia T, Mukaneza A, Buek K, Winfrey B, Amon J. Examining the impact of orphanhood on schoolleaving among children aged 6-19 in Rwanda, Zambia, and Cambodia. International Union for the Scientific Study of Population XXV International Population Conference Tours, France, July, 2005.
13 Murray NJ, Chatterji M, Dougherty L, Mulenga Y, Jones A, Buek K, Winfrey B, Amon J.. Examining the impact of orphanhood and duration of orphanhood on sexual initiation among adolescents ages 10-19 in Rwanda and Zambia. International Union for the Scientific Study of Population. International Population Conference France, July, 2005.
14 Cohen J, Schleifer R, Richardson J, Kaplan K, Suwannawong P, Nagle J, Amon J. Documenting Human Rights Violations Against Injection Drug Users: Advocacy for Health. 17th International Conference on the Reduction of Drug Related Harm. May 2006. Vancouver.
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15 Schleifer R, Cohen J, Nagle J, Amon J. Injection Drug Users, Harm Reduction, and Human Rights in Ukraine. 17th International Conference on the Reduction of Drug Related Harm. May 2006. Vancouver, Canada.
16 Bencomo C, Amon J, Iordache R, Schleifer R, Asandi S, Bohiltea A, Bucata C, Terragni C, Velica L. How gaps in Romania’s social support undermine HIV/AIDS prevention and treatment for children and youth. XVI International AIDS Conference: Abstract no. MOPE0922. August 2006.
17 Tate T, Bencomo C, Lisumbu J, Mafu Sasa R, Schleifer R, Amon J. Local and cultural beliefs about HIV transmission fuel childrenīs rights abuses in the Democratic Republic of Congo (DRC). XVI International AIDS Conference: Abstract no. CDE0086. August 2006.
18 Cohen J, Epstein H, Amon J. Human rights implications of AIDS-affected children’s unequal access to education. XVI International AIDS Conference: Abstract no. TUAE0202. August 2006.
19 Schleifer R, Skala P, Lezhentsev K, Amon J. Rhetoric and risk: human rights abuses impeding Ukraine’s fight against HIV/AIDS. XVI International AIDS Conference: Abstract no. THAE0302. August 2006.
20 Amon, J. Using a Human Rights Framework to Examine HIV/AIDS Programs and Policies. Abstract #139834. American Public Health Association Annual Meeting. November 2006. Boston, MA.
21 Ngonyama L, Lohman D, Clayton M, Amon J. The Role of Lay Counselors in Expanding HIV Testing: Lesotho’s Know Your Status Campaign. Abstract 1631. 2008 HIV/AIDS Implementers Meeting. Kampala, Uganda. June 2008.
22 Lohman D, Ovchinnikova M, Amon J. The role of Russia’s drug dependence treatment system in fighting HIV. XVII International AIDS Conference: Abstract no. TUAX0102. August 2008.
23 Amon J. HIV-specific travel restrictions: human rights, legal and ethical considerations. XVII International AIDS Conference: Abstract no. TUSS0406. August 2008.
24 Lohman D, Ngonyama L, Clayton M, Amon J. Expanding HIV testing and human rights: Lesotho’s Know Your Status Campaign. XVII International AIDS Conference: Abstract no. TUPE0469. August 2008.
25 Cohen JE, Amon J. Human Rights abuses and threats to health: recent experiences of Chinese drug users in detoxification and re-education through labor centers in Guangxi Province. XVII International AIDS Conference: Abstract no. THPE1085. August 2008.
26 Amon J. Protecting the human rights of people at risk of and affected by TB. 3rd Stop TB Partners Forum, Rio March 2009
27 Amon J. Undocumented Migrants and Drug Users in Asia: Tuberculosis Care and Human Rights. 3rd Stop TB Partners Forum, Rio March 2009
28 Amon J. Protecting the rights of drug users in China. 20th International Conference of the International Harm Reduction Association meeting. April, 2009.
29 Lohman D, Amon J. Pain and Policy: The Battle with Needless Suffering. Unite for Sight, Yale University. April, 2009.
30 Amon J. HIV testing for hard-to-reach populations. In: New Strategies and Controversies in HIV Testing and Surveillance, International AIDS Society Conference. Cape Town, South Africa. July 2009.
31 Amon J. Human Rights context of routine testing. In: Maximizing the benefits of treatment for individuals and communities. International AIDS Society Conference. Cape Town, South Africa. July 2009.
32 Amon J. Scaling up HIV testing through scaling up human rights protections. In: Scaling up
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Biomedical Prevention and Treatment Interventions - The Critical Role of Social Science, Law and Human Rights. International AIDS Society Conference. Cape Town, South Africa. July 2009.
33 Amon J. HIV testing and human rights: competing claims and conflicting views. American Anthropological Association. Philadelphia, PA. December 2009.
34 Pearshouse R, Amon JJ. Engagement with compulsory drug detention centers: a legal and ethical framework. 21st International Conference of the International Harm Reduction Association meeting. April, 2010.
35 Lohman D, Tymoshevska V, Rokhanski A, Kotenko G, Druzhinina A, Schleifer R, Amon J. Availability and accessibility of opioid medications in Ukraine. XVIII International AIDS Conference. July 2010. Abstract no. MOAF0202
36 Jones L, Akugizibwe P, Amon J, et al. Human rights costing of ART for prevention. XVIII International AIDS Conference. July 2010. Abstract no. TUPE1033
37 Lemmen K, Wiessner P, Haerry DHU, Todrys K, Amon J. Deportation of HIV-positive migrants in 29 countries: impact on health and human rights. XVIII International AIDS Conference. July 2010. Abstract no. TUAF0101
38 McLemore M, Winter M, Amon J. Sentenced to stigma: segregation of HIV-positive prisoners. XVIII International AIDS Conference. July 2010. Abstract no. THPE0942
39 Todrys K, Malembeka G, Clayton M, McLemore M, Shaeffer R, Amon J. HIV and TB management in 6 Zambian prisons demonstrate improved but ongoing prevention, testing and treatment gaps. XVIII International AIDS Conference. July 2010. Abstract no. THPDX105 (Awarded prize for best abstract on HIV/TB integration)
40 Pearshouse R, Cohen JE, Amon J. Drug detention centers and HIV in China and Cambodia. XVIII International AIDS Conference. July 2010. Abstract no. MOAF0203
41 Lohman D, Palat G, Nair S, Amon J, Schleifer R. Palliative care: needs of and availability for people living with HIV in India. XVIII International AIDS Conference. July 2010.
42 Kippenberg J, Thomas L, Lohman D, Amon J. Children's access to HIV testing, treatment and palliative care in Kenya. XVIII International AIDS Conference. July 2010.
43 Lohman D, Thomas L, Amon J. Access to pain treatment and palliative care as a human right. XVIII International AIDS Conference. July 2010. Abstract no. WEPE0982.
44 Amon J. HIV and human rights. XVIII International AIDS Conference. July 2010.
45 Amon J. HIV treatment as prevention: human rights issues. HIV10 Conference. Glasgow, Scotland. November 2010.
46 Amon J. TB and human rights in Zambian prisons. IULTB. Berlin, Germany. Nov 2010.
47 Amon J. TB and Human Rights. IULTB. Berlin, Germany. November 2010. (panel chair)
48 Todrys K, Kwon S-R, Burnett M, Lamia M, Amon J. HIV and TB Prevention, Testing, and Treatment in 16 Ugandan Prisons. 6th IAS Conference on HIV Pathogenesis, Treatment and Prevention. Rome, July, 2011.
49 Pearshouse R, Amon J. Drug Detention Centers and HIV In Vietnam. 10th International Congress on AIDS in Asia. August, 2011.
50 Amon J. Reforms to protect health and rights in East African prisons. IULTB. Lille, France. Oct. 2011.
51 Amon J. Ethics and Human Rights in Publishing. (Meet the Editors session). XIX International AIDS Conference. July 2012.
52 Amon J. Balance Between Justice System and Provision of Services. XIX International AIDS Conference. Washington, DC. July 2012. (co-moderator)
53 Amon J. Advancing global health through human rights accountability. IV Consortium of
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Universities for Global Health. Washington, DC. March 2013. 54 Amon J. Enhanced HIV testing in the context of human rights. 8th IAS Conference on HIV
Pathogenesis, Treatment and Prevention. Vancouver, July 2015. 55 Beletsky L, Vera A, Gaines T, Arredondo J, Werb D, Bañuelos A, Rocha T, Rolon ML,
Abramovitz D, Amon J, Brower K, Strathdee SA. Utilization of Google Earth to Georeference Survey Data among People who Inject Drugs: Strategic Application for HIV Research. 8th IAS Conference on HIV Pathogenesis, Treatment and Prevention. Vancouver, July 2015. 56 Amon J. The impact of climate change and population mobility on neglected tropical disease elimination. International Meeting on Emerging Diseases and Surveillance (IMED). Vienna, Nov 2016. 57 Amon J. Getting to Zero: Lessons for NTD Elimination from Successful STH Control Programs. Neglected Tropical Disease NGO Network Annual Meeting. Dakar, Senegal, Sept 2017. (moderator) 58 Hoppe A, Coltart C, Parker M, Dawson L, Amon JJ, et al. Ethical Considerations in HIV Phylogenetic Research. 2018 International AIDS Conference. Amsterdam, Netherlands. 59 Amon J. Epidemic transition: How will we achieve it while ensuring equity and quality? 2018 International AIDS Conference. Amsterdam, Netherlands.
INVITED LECTURES
1 University of North Carolina School of Public Health (March 2006) 2 Duke University School of Public Policy (October 2006) 3 University of Chicago (October 2006) 4 University of Toronto Law School (November 2006) 5 Columbia University Law School (Dec 2006, 2007, 2009) 6 University of Denver School of International Affairs (March 2007) 7 Georgetown University Law School (April 2007) 8 Columbia University School of International and Public Affairs (Feb and Oct 2007) 9 University of Connecticut School of Law (April 2009) 10 New York University (January 2011, November 2014) 11 University of Zurich (September 2011) 12 Columbia University Mailman School of Public Health (Feb, Nov 2009; Dec 2013; Nov 2014,-15) 13 Yale University Law School (March 2013) 14 Johns Hopkins University Bloomberg School of Public Health (annually: May 2008-2019) 15 UCLA Law School (January 2014) 16 Stanford University Law & Medical Schools (January 2014) 17 University of Melbourne, Nossal Institute for Global Health (July 2014) 18 Fordham Law School (October 2014) 19 Northwestern University (November 2014; Nov 2015) 20 Dornsife School of Public Health, Drexel University (February 2018) 21 University of California San Diego (March 2018)
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Case 2:20-cv-00496-CB-CRE Document 1-3 Filed 04/08/20 Page 19 of 19 AWARDS
Centers for Disease Control and Prevention, Epidemic Intelligence Service, Mackel Award (Apr 2004) Department of Health and Human Services, Public Health Service, Unit Commendation (Oct 2004) Department of Health and Human Services, Secretary’s Award for Distinguished Service (Aug 2005)
AD HOC REVIEWER
Journals: New England Journal of Medicine, Lancet, International Journal of Epidemiology, STI, Global Public Health, Addiction, Hepatology, Health and Human Rights, Bulletin of the World Health Organization, Journal of the International AIDS Society, PLoS One, PLoS Medicine, Journal of the American Public Health Association, Anthropological Quarterly, Drug and Alcohol Dependence, Conflict and Health, BMC Public Health, Harm Reduction Journal, Law & Social Inquiry, Social Science and Medicine, Health and Human Rights Journal, International Journal of Drug Policy. Grants: Open Society Foundations, Public Health Program
Joseph J. Amon Page 19 of 19

Case 2:20-cv-00496-CB-CRE Document 1-4 Filed 04/08/20 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF ALEXUS DIGGS ALEXUS DIGGS, one of the Plaintiffs herein, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a plaintiff in this lawsuit. I am a 24 year-old woman currently held on pod 4F at ACJ. I suffer from high blood pressure, which places me at a heightened risk for more severe symptoms and potential death from Covid-19.
2. I am being held at ACJ as a pretrial detainee charged with Aggravated Harassment By Prisoner. My bail on these charges is set at 10.00% of $1,000.
3. I am also being held pursuant to a probation detainer, as my new charges would constitute a violation of probation if I am found guilty of them.
4. I am currently double-celled. 5. I have never been tested for Covid-19.

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Case 2:20-cv-00496-CB-CRE Document 1-4 Filed 04/08/20 Page 2 of 4
6. Yesterday I began feeling scratchiness in my throat, and today I have been experiencing a runny nose and sneezing. I have no way of knowing if these symptoms are because I have a cold or Covid-19.
7. Prior to April 1st, I had not been provided any information, advice, or instruction from medical or other staff at ACJ pertaining to Covid-19. The first time I heard the term social distancing was during a phone call with counsel on or around March 28.
8. On the morning of Wednesday, April 1st, I saw a new posting on a column on the pod, which included information about changes to the local court system and other Covid-19-related information that was court-related and notified us about cleaning measures that are supposed to take place on the pod. I requested to the correctional officer on-duty, CO Thomas, “Let us know when you post things and explain them to us.” CO Thomas replied, “You’re not kids. You don’t need anybody to read you anything.”
9. Later that morning, Warden Harper entered the pod to speak about “social distancing”. He threatened to lock down the entire pod if we did not stay six feet away from each other. He stated, “I’m going be watching on the cameras, and if you don’t stay 6 feet apart, you’re going be locked in, and only come out two at a time.'
10. I asked, “What do you expect us to do when trays come?”, as we eat in a communal setting and there are a limited number of tables. Warden Harper replied, “You can figure it out. I’m not going into technicalities.”
11. Heather Connolly, a fellow plaintiff, asked, “How can you not care that we've got two people in each cell?” Warden Harper repeated, “You guys can figure it out.
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Case 2:20-cv-00496-CB-CRE Document 1-4 Filed 04/08/20 Page 3 of 4
I’m not going into technicalities. […] Well, do you guys want me to shut you down? […] We can’t do nothing about double-celling.”
12. He then stated, “I’m only answering two questions.” He left the room immediately after.
13. I spoke to Major Vanchieri about what ACJ were doing to prevent people from contracting Covid-19. Major Vanchieri said that Warden Harper only came and spoke about social distancing to “scare” us, and that they know that social distancing is impossible to do in the jail.
14. Last Monday staff came and confiscated the second roll of toilet paper, limiting everybody to one roll each, and took the extra rolls off the pod. I have run out toilet paper in recent days and have to rely on other incarcerated people to be willing to share. Staff will not provide toilet paper as needed.,
15. There are 48 cells on 4F and about 20 of them are empty. All of the rest except two are occupied by two people.
16. Nobody on 4F has gloves or masks at the time of this declaration. Neither staff nor incarcerated people have masks.
17. We have not been allowed cleaning supplies inside of our cells. No additional cleaning is taking place in the cells.
18. The showers are also not being cleaned any more than usual. They are supposed to be cleaned every night, though this does not always happen. This means that people are always using the shower after many others have without any cleaning.
3

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19. While there was initially some increased cleaning with bleach, it has been inconsistently done. They stopped doing it for about a week until cleaning again last night.
20. Group meals and recreation continue without any alteration. Showers and phones are all shared without sanitation in between.
21. I fear for my health and my life if I remain at ACJ. I, Bret Grote, certify that I reviewed this declaration with Alexus Diggs by reading it to her over the telephone on April 2, 2020 and that she certified that the declaration was true and correct to the best of her knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070 bretgrote@abolitionistlawcenter.org Dated: April 5, 2020
4

Case 2:20-cv-00496-CB-CRE Document 1-5 Filed 04/08/20 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF LARNELL JONES LARNELL JONES, currently incarcerated at Allegheny County Jail, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a 45 year-old man currently held on pod 3A at the Allegheny County Jail.
2. I suffer from asthma and hypertension, both of which place me at a heightened risk for more severe symptoms and potential death from Covid-19.
3. I have been held at ACJ since July 2019, as a pretrial federal detainee charged with a non-violent offense involving possession of a firearm by a person formerly convicted of a felony.
4. I regularly experience shortness of breath as a result of my asthma. 5. I have and use an inhaler two times every day. 6. I am very concerned that my asthma exposure to Covid-19 could result in a medical crisis or even my death.
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Case 2:20-cv-00496-CB-CRE Document 1-5 Filed 04/08/20 Page 2 of 4
7. I am also concerned that my age and hypertension will also make it harder for me to survive Covid-19.
8. I am currently single-celled, but that could change at any time. 9. There are 56 cells on 3A. Almost all of them are double-celled, meaning two people are celled in each. There are just two one-person cells. 10. Some people were moved out recently, and I was told there are 87 people on the pod right now. 11. Since August we have had recreation/out of cell time and meal time divided by tier. That is still the case. There are two tiers, so that means each time there is recreation time there are about 40-50 people out at a time. Same with meals. 12. People are still exercising as normal, playing basketball, moving next to each other in crowded areas. 13. Meals are eaten at tables on the pod that are about 4 by 4 feet, with chairs pulled up to each table and four guys sitting around it. 14. No ACJ officials or staff or medical personal have come to talk to us or provide us any information, advice, or instruction pertaining to Covid-19. 15. All they have done is put up some flyers announcing some changes, some additional cleaning in the common areas, and advising people to wash their hands. 16. Whenever I use the phone I typically use it right after somebody else has, and I am packed in next to people on either side who are using other phones. After I use it, other people use it without the phone being sanitized. 17. There are 10 phones on the pod and they are almost always all in use the limited times we are allowed out of our cells.
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Case 2:20-cv-00496-CB-CRE Document 1-5 Filed 04/08/20 Page 3 of 4
18. They are now cleaning the phones when we are locked in, but we use them right after other people without any sanitizing in between.
19. Showers are supposed to be cleaned each night, but they are used throughout the day by many people without cleaning in between.
20. We have not been provided any cleaning materials for use in our cells. 21. Today, we were allowed to clean our cells for the first time in over a month. 22. Nobody on 3D has gloves or masks. Neither staff nor incarcerated people have masks. 23. Those exhibiting symptoms consistent with Covid-19 on 3A are not given regular if any medical attention, they are not quarantined, and they are not tested. 24. Just last week I vomited a couple of days in a row. Correctional Officers told me they would send me upstairs to medical, but they never did. 25. More than a week ago I was experiencing very bad chest pains. I was taken to medical where they did an EKG. Medical sought a second opinion about her EKG and ordered stronger medication for my inhaler. Medical staff did not follow up yet, and said they will see me in two weeks. 26. I fear for my health and my life if I remain in ACJ. I, Bret Grote, certify that I reviewed this declaration with Larnell Jones by reading it to him over the telephone on April 3, 2020 and that he certified that the declaration was true and correct to the best of his knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070
3

Case 2:20-cv-00496-CB-CRE Document 1-5 Filed 04/08/20 Page 4 of 4

Dated: April 3, 2020

bretgrote@abolitionistlawcenter.org

4

CasCea2se:220:-0c5v-0m0c4-9062-0C2B5-CDRoEcumDeoncut m49e7n-t71-6FileFdile0d4/047/0280/20PagPeag1eo1f 3of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF MICHAEL GRAHAM MICHAEL GRAHAM, one of the Plaintiffs herein, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a plaintiff in this lawsuit. I am a 38 year-old man currently held on pod 6F at ACJ.
2. I suffer from Hepatitis C and asthma, which place me at a heightened risk for more severe symptoms and potential death from Covid-19.
3. I am being held at ACJ as a pretrial detainee charged with Criminal Solicitation and related non-violent charges. My bail on these charges is set at $5,000.
4. I am also being held pursuant to a probation detainer, as my new charges would constitute a violation of probation if I am found guilty of them.
5. I currently have a cellmate. 6. I have never been tested for Covid-19. 7. I recently returned to 6F from 8E, where I had been for 15 days.

CasCea2se:220:-0c5v-0m0c4-9062-0C2B5-CDRoEcumDeoncut m49e7n-t71-6FileFdile0d4/047/0280/20PagPeag2eo2f 3of 3
8. On 6F, neither I nor anyone else on the pod has been provided any information, advice, or instruction from medical or other staff at ACJ pertaining to Covid-19.
9. I have been in the jail since November 19, 2018. 10. Since that date, I have not had access to my inhaler and have been denied access to it multiple times. I have likewise been denied breathing treatments. I have been told that they don’t have a record of my illness. 11. When not in jail I use my inhaler as needed, which is typically once to three times per day. 12. Over the past week, I have been experiencing symptoms such as a low dry cough, runny nose, upset stomach and I vomited once. 13. I have seen sick call on approximately 5-6 occasions since October 2019, requesting my inhaler each time. To date, they have not provided that to me. 14. On 6F, all of those incarcerated are still eating our meals communally at tables, with typically four people per table. Most individuals continue to utilize the same liquid dispensers for juice. 15. They began split recreation today, meaning they are letting us out in smaller groups, but there are still about 25 people out at a time in close proximity to each other. We sit four at a table, we are shoulder to shoulder and across from one another in the phone, we use the phones after each other without them being sanitized, and people are still playing handball and basketball. 16. We are provided with one (1) roll of toilet paper per week per cell. There is a limited supply of soap, deodorant, and other hygiene products. Right now I have been

CasCea2se:220:-0c5v-0m0c4-9062-0C2B5-CDRoEcumDeoncut m49e7n-t71-6FileFdile0d4/047/0280/20PagPeag3eo3f 3of 3
without a bar of soap since Wednesday, April 1. My cellmate and I use the same soap in
our sink, and we frequently drink out of the same cups.
17. I estimate that there are 60 cells on 6F. Around half are empty, and most
of the rest are occupied by two people.
18. Today, for the first time, they came onto the tier to provide us with masks.
They were given to us by Corrections Officers who handled them with their bare hands.
Nobody gave us any instructions on how to properly put them or take them off so that
they retain their effectiveness
19. While there was initially some increased cleaning with bleach, it has been
inconsistently done. And they do not let us clean our cells, we do not have cleaning
supplies.
20. I fear for my health and my life if I remain at ACJ.
I, Bret Grote, certify that I reviewed this declaration with Michael Graham by reading it to her over the telephone on April 4, 2020 and that she certified that the declaration was true and correct to the best of her knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070 bretgrote@abolitionistlawcenter.org
Dated: April 4, 2020

Case 2:20-cv-00496-CB-CRE Document 1-7 Filed 04/08/20 Page 1 of 2

Allegheny County Employees

1 HEALTH SERVICES ADMINISTRATOR

2 DEPUTY HEALTH SERVICES ADMINISTRATOR

3 DIRECTOR OF NURSING

4 ASSISTANT DIRECTOR OF NURSING

5 DIRECTOR OF SUBSTANCE USE PROGRAMS

6 DIRECTOR OF MENTAL HEALTH PROGRAMS

7 CLINIC MANAGER

8 STAFF EDUCATOR

9 INFECTIOUS DISEASE COORDINATOR

10 DETOX NURSE COORDINATOR

11 ADMINISTRATIVE ASSISTANTS

12 SUPPLY CLERK

13 PAYROLL CLERK

14 ACCOUNTS PAYABLE

15 IT MANAGER

16 DISCHARGE PLANNERS

17 LICENSED PRACTICAL NURSE

18 LICENSED PRACTICAL NURSE - PT (16 hours/week)

19 MEDICAL ASSISTANT

20 MEDICAL ASSISTANT - PT (16 hours/week)

21 MEDICAL RECORDS CLERK

22 MEDICAL RECORDS CLERK - PT (16 hours/week)

23 MENTAL HEALTH REG NURSE

24 MENTAL HEALTH REG NURSE -PT (16 hours/week)

25 MENTAL HEALTH SPECIALIST

26 MENTAL HEALTH SPECIALIST - PT (16 hours/week)

27 PHARMACY/ MEDICATION TECHNICIAN

28 PHARMACY/ MEDICATION TECHNICIAN - PT (16 hours/week)

29 PSYCHIATRIC AIDE

30 REGISTERED NURSE

31 REGISTERED NURSE - PT (16 hours/week)

32 SUBSTANCE ABUSE COUNSELOR

33 SUBSTANCE ABUSE COUNSELOR - PT (16 hours/week)

34

35

Allegheny Health Network Employees

36 MEDICAL DIRECTOR

37 PHYSICIANS (Physical Health)

38 PHYSICIANS (Physical Health) - PT (16 hours/week)

39 MID LEVEL PRACTITIONERS (Physical Health)

40 MID LEVEL PRACTITIONERS (Physical Health) - PT (16 hours/week)

41 Physicians (Psychiatrists)

42 Physicians (Psychiatrists) - PT (8 hours/week)

43 MID LEVEL PRACTITIONERS (Mental Health)

44 MID LEVEL PRACTITIONERS (Mental Health) - PT

45 PSYCHOLOGIST - PT (20 hours/week)

46 X-RAY TECHNICIANS

Total Vacancies:

2/26/20 0 0 0 2 1 0 0 0 0 0 2 0 0 0 0 0 6 2 4 3 0 0 0 2 0 2 1 0 1 6 8 1 2
0 0 0 0 0 2 0 0 0 0 0 45

4/2/20 1 0 1 2 1 0 1 0 0 0 2 0 0 0 0 0 6 2 4 3 0 0 0 2 0 2 1 0 2 6 8 0 2
0 0 0 0 0 2 0 0 0 0 0 48

Case 2:20-cv-00496-CB-CRE

Dept. AB Date Started

Employee Name

Home Cost Unit ID Center

Job Title

30 2215543

2/21/16 KATCHMAR, JILL

300101 70130 ACCOUNT CLERK 1

30 2365666

5/1/17 EVANS, SHAWNA L

300101 70130 ACCOUNT CLERK 1

30 2099145

8/11/14 MCGRAW, LISA M

300101 70130 ACCOUNT CLERK 2

30 743431

6/30/03 URBAN, DAVID C.

300101 130130 ACCOUNT CLERK SUPERVISOR

Document 302598149 30 100974 30 1998572 30 107582 30 2216630 30 2524260 30 2550146

3/9/20 CORTES, LINDSEY M 6/13/83 PISCHKE, JOHN R 12/2/13 CLARK, CONNIE N
5/1/00 KROLL, AMY M. 9/1/15 RAMSEY, DIANA L 4/1/19 FROEHLICH, NICHOLE M 6/10/19 WILSON, DOROTHY R

304301 300101 300101 300101 304301 304301 304301

9999 ACCOUNTS PAYABLE CLERK 7777 ADM OF INMATE PROGRAMS 7777 ADM REINTEGRATION ALT HOUSING 7777 ADMIN OF REENTRY SERVICES 9999 ADMINISTRATIVE ASSISTANT 9999 ADMINISTRATIVE ASSISTANT 9999 ADMINISTRATIVE ASSISTANT

30 1094282

6/11/18 REYNOLDS, APRIL L.

300101 9999 ALTERNATIVE HOUSING COORD

30 1917341

3/25/13 THOMAS, RONELE E

300101 9999 ALTERNATIVE HOUSING COORD

30 2346594

3/27/17 SPIELER, SUSAN

304301 7777 ANALYST-BUSINESS/APPLICATIONS

30 2031203

2/24/14 SUZIO, CHARLES A

300101 7777 APPLICATION SUPPORT ADMIN

30 2238995

1/24/16 VENSEL, JENNIFER

304301 7778 ASSISTANT DIRECTOR NURSING

30 2336153

2/6/17 KELLY, JENNIFER LYNN

304301 7778 ASSISTANT DIRECTOR NURSING

30 2478278

7/23/18 MARTIN, HOLLY L

304301 7778 ASSISTANT DIRECTOR NURSING

30 2523924

4/1/19 AUGUSTINE, DEBRA L

304301 7778 ASSISTANT DIRECTOR NURSING

30 101653

12/27/94 YOUNG JR, FRED R

300101 7778 CAPTAIN

30 103265

8/1/99 FRANK, STEPHANIE M.

300101 7778 CAPTAIN

30 103978

1/13/02 EDWARDS, DWIGHT D.

300101 7778 CAPTAIN

30 808006

3/5/06 PIENDEL, JONATHAN D.

300101 7778 CAPTAIN

30 911677

12/1/04 HUNGERMAN, DAVID J.

300105 7778 CAPTAIN

30 1459433

10/10/10 MERLINO, JAMIE L

300101 7778 CAPTAIN

30 1508240

6/19/11 BOSI, DANIEL E

300101 7778 CAPTAIN

30 1508251

11/6/11 MILICEVIC, IVAN

300101 7778 CAPTAIN

30 2244488

1/25/16 TERRY, MICHAEL D

300101 7778 CAPTAIN

30 2279531

5/16/16 WALKER, GARY R

300101 7778 CAPTAIN

30 2510484

1/22/19 WISEMAN, KENNETH A

300101 7778 CAPTAIN

30 2557521

7/22/19 JOSEPH, BRYAN M

300101 7778 CAPTAIN

30 649139

1/27/03 BENNETT, JEFFREY J

300101 80130 CASEWORKER

30 853393

12/9/19 D'ANTONIO, ANGELA V.

300101 80130 CASEWORKER

30 1102581

6/26/06 WILLIAMS, CASEY

300101 80130 CASEWORKER

30 1787711

7/2/12 VACSULKA, KRISTIN M

300101 80130 CASEWORKER

30 1812177

10/22/12 DOUBT, KIMBERLY D

300101 80130 CASEWORKER

30 1812238

10/22/12 EICHENLAUB, EDWARD H

300101 80130 CASEWORKER

30 2146852

1/12/15 WAGNER, EDWARD G

300101 80130 CASEWORKER

30 2482815

8/20/18 FULLEN, MAUREEN M

300101 80130 CASEWORKER

30 2503033

11/26/18 HARRIS, TAMARA L

300101 80130 CASEWORKER

30 2585892

12/9/19 DUNTON, MALKA

300101 80130 CASEWORKER

30 100450

10/1/01 STEPHENS, MONTE L.

300101 80130 CASEWORKER (Longevity Step)

30 101598

5/21/90 APKE, STEVEN J

300101 80130 CASEWORKER (Longevity Step)

30 101664

12/6/99 CARL, DAVID B

300101 80130 CASEWORKER (Longevity Step)

30 2215544

8/26/15 WILLIAMS, LAURA K

304301 7777 CHIEF DEP WARD-HEALTHCARE SERV

30 2375308

6/5/17 ZETWO, DAVID E

300101 7777 CHIEF DEPUTY WARDEN

30 2377637

6/12/17 MAHR, JOSEPH G

300101 70130 CLERK

30 2447656

4/16/18 DILLON, FRANCES M

304301 7777 CLINIC MANAGER

30 100527

9/25/95 FLAHERTY, THOMAS E

300101 1101 CORRECTIONAL OFFICER

30 101094

6/8/87 ZINSSER, EARL J

300101 1101 CORRECTIONAL OFFICER

30 101153

7/27/87 PRICE, CHRISTOPHER

300105 1101 CORRECTIONAL OFFICER

30 101176

11/9/87 RUFFOLO, MICHAEL J

300101 1101 CORRECTIONAL OFFICER

30 101260

10/25/93 FALLON, MICHAEL J

300101 1101 CORRECTIONAL OFFICER

30 101497

9/25/89 BRUNICK, JOHN E

300105 1101 CORRECTIONAL OFFICER

30 101498

9/25/89 GOODMAN, RICHARD J

300101 1101 CORRECTIONAL OFFICER

30 101504

9/25/89 NEYMAN, LEROY E

300101 1101 CORRECTIONAL OFFICER

30 101556

1/2/90 PARZICH JR, RONALD S

300101 1101 CORRECTIONAL OFFICER

30 101592

4/23/90 COSGROVE, ROBERT E

300101 1101 CORRECTIONAL OFFICER

30 101630

11/6/89 DUNEGAN, MICHAEL G

300101 1101 CORRECTIONAL OFFICER

30 101800

3/18/91 SCHAFER, WILLIAM T

300101 1101 CORRECTIONAL OFFICER

30 101814

2/25/91 HEDDERMAN, LEO T

300101 1101 CORRECTIONAL OFFICER

30 101815

2/25/91 CHRASKA, MICHAEL J

300101 1101 CORRECTIONAL OFFICER

30 101879

11/17/94 WAGNER, WILLIAM M

300101 1101 CORRECTIONAL OFFICER

30 101883

7/29/91 SCASSERA , JOSEPH P

300101 1101 CORRECTIONAL OFFICER

30 102064

8/10/92 COMER, ROBERT L

300105 1101 CORRECTIONAL OFFICER

30 102066

8/10/92 ZELEPOS, LOUIE I

300105 1101 CORRECTIONAL OFFICER

30 102068

8/10/92 CATES, ROBERT J

300101 1101 CORRECTIONAL OFFICER

30 102087

8/10/92 STEVENSON JR, RICHARD M

300101 1101 CORRECTIONAL OFFICER

30 102090

8/10/92 BARRY, DOUGLAS D

300101 1101 CORRECTIONAL OFFICER

30 102095

8/24/92 COLEMAN, CARLOS R

300101 1101 CORRECTIONAL OFFICER

30 102169

3/24/93 YOST, BART R

300101 1101 CORRECTIONAL OFFICER

30 102272

10/12/93 RAFFERTY, CRAIG J

300105 1101 CORRECTIONAL OFFICER

30 102278

7/24/95 FERGUSON, BRIAN D

300101 1101 CORRECTIONAL OFFICER

30 102281

11/8/93 WRIGLEY, CHRISTOPHER

300105 1101 CORRECTIONAL OFFICER

30 102400

10/17/94 COSBY, MARILYN S.

300101 1101 CORRECTIONAL OFFICER

30 102401

10/17/94 YAGATICH, JANET M

300105 1101 CORRECTIONAL OFFICER

30 102404

10/24/94 BROWN, WILLIAM P

300101 1101 CORRECTIONAL OFFICER

30 102436

11/17/94 HANEY, STEPHEN R

300101 1101 CORRECTIONAL OFFICER

30 102437

11/17/94 ISENBERG, DAVID A

300101 1101 CORRECTIONAL OFFICER

30 102441

11/17/94 MACMASTER, DAVID W

300101 1101 CORRECTIONAL OFFICER

30 102446

11/28/94 CURLEY, RAYMOND J

300101 1101 CORRECTIONAL OFFICER

30 102459

11/17/94 PARKINSON, DAVID W

300101 1101 CORRECTIONAL OFFICER

30 102464

11/17/94 ZANGARO, JOHN M

300101 1101 CORRECTIONAL OFFICER

30 102465

12/27/94 VIRGILI JR, ROBERT L

300101 1101 CORRECTIONAL OFFICER

30 102475

12/27/94 COLAIZZI, SALVATORE B

300101 1101 CORRECTIONAL OFFICER

30 102477

12/27/94 JONES, ROBERT F

300101 1101 CORRECTIONAL OFFICER

30 102485

12/27/94 RAPNETH IV, RAOUL C

300105 1101 CORRECTIONAL OFFICER

30 102486

12/27/94 BELL, CARLA J

300101 1101 CORRECTIONAL OFFICER

30 102495

12/27/94 MANGIS, JOHN F

300105 1101 CORRECTIONAL OFFICER

30 102558

7/31/95 CIBULA, MICHAEL A

300101 1101 CORRECTIONAL OFFICER

30 102559

7/31/95 JACOBS, DANIEL A

300105 1101 CORRECTIONAL OFFICER

30 102560

7/31/95 KRCHNAVY, RICHARD W

300101 1101 CORRECTIONAL OFFICER

30 102574

7/10/95 PRICE, RICHARD A

300105 1101 CORRECTIONAL OFFICER

30 102578

7/17/95 KOHNEN, PHILLIP S

300101 1101 CORRECTIONAL OFFICER

30 102580

7/17/95 WILLIAMS, COREY A

300101 1101 CORRECTIONAL OFFICER

30 102586

7/31/95 NESBITT, DAVID N

300101 1101 CORRECTIONAL OFFICER

30 102607

8/7/95 WILKINS, SANFORD E

300105 1101 CORRECTIONAL OFFICER

30 102630

10/8/00 MCBRIDE, CHRISTOPHER

300101 1101 CORRECTIONAL OFFICER

30 102636

10/30/95 HANCOCK, DANIEL C

300105 1101 CORRECTIONAL OFFICER

30 102656

12/18/95 BAKER, TROY E

300101 1101 CORRECTIONAL OFFICER

30 102657

12/18/95 SCHMITT, RONALD J

300101 1101 CORRECTIONAL OFFICER

30 102659

12/28/95 KRAH, MICHAEL D

300101 1101 CORRECTIONAL OFFICER

30 102674

12/26/95 CRAINE, MICHAEL B

300101 1101 CORRECTIONAL OFFICER

30 102675

12/26/95 PAUL, ERIC S

300101 1101 CORRECTIONAL OFFICER

30 102731

6/8/97 BUCCI, STEVEN

300101 1101 CORRECTIONAL OFFICER

30 102794

6/8/97 NETHEN, PATRICIA A

300105 1101 CORRECTIONAL OFFICER

30 102795

6/8/97 BLACK, SHIRLYN D

300105 1101 CORRECTIONAL OFFICER

30 102796

6/8/97 RICHARDSON, SHAWN A

300101 1101 CORRECTIONAL OFFICER

30 102807

6/8/97 METZ, CLIFFORD J

300101 1101 CORRECTIONAL OFFICER

30 102843

6/8/97 JONES, RISE L

300101 1101 CORRECTIONAL OFFICER

30 102849

6/8/97 KEMP JR, WILLIAM C

300105 1101 CORRECTIONAL OFFICER

30 102850

6/8/97 COHOLIC, CHRISTIAN E

300101 1101 CORRECTIONAL OFFICER

30 102851

6/8/97 ZOLLER, ALBERT A

300101 1101 CORRECTIONAL OFFICER

30 102852

6/8/97 INGRAM, LATEEKIA A

300101 1101 CORRECTIONAL OFFICER

30 102956

6/23/97 BRODY, MARK M

300101 1101 CORRECTIONAL OFFICER

30 102958

6/23/97 THOMAS, DEMETRIUS

300101 1101 CORRECTIONAL OFFICER

30 102959

6/23/97 CHRONISTER, FRANK J

300101 1101 CORRECTIONAL OFFICER

30 102970

7/7/97 SEYMOUR, FRANKLIN J

300101 1101 CORRECTIONAL OFFICER

30 102971

7/7/97 WHITE, JOSEPH W.

300105 1101 CORRECTIONAL OFFICER

30 103103

3/14/99 CREW, RAYMOND N

300101 1101 CORRECTIONAL OFFICER

30 103110

5/12/98 GOLD, RICHARD W.

300101 1101 CORRECTIONAL OFFICER

30 103111

5/12/98 GLAZE, RAYMOND A.

300101 1101 CORRECTIONAL OFFICER

30 103112

5/12/98 CLARK, MICHELLE V

300101 1101 CORRECTIONAL OFFICER

30 103113

5/12/98 MCQUAIDE, ANGELA

300105 1101 CORRECTIONAL OFFICER

30 103121

9/20/98 DREISTADT, KEITH

300105 1101 CORRECTIONAL OFFICER

30 103125

8/1/99 WAIN, JENNIFER A.

300101 1101 CORRECTIONAL OFFICER

30 103130

8/1/99 GOODWIN, MIA D.

300101 1101 CORRECTIONAL OFFICER

30 103131

8/1/99 PEAYS, STEPHANIE M.

300101 1101 CORRECTIONAL OFFICER

30 103266

8/1/99 PIERCE, CHRISSIAN L

300105 1101 CORRECTIONAL OFFICER

30 103268

11/9/98 ROMANELLI, PAUL J.

300101 1101 CORRECTIONAL OFFICER

30 103508

12/20/99 CRAPIS, MICHAEL V

300105 1101 CORRECTIONAL OFFICER

30 103509

12/20/99 VEITH, ROBERT W

300101 1101 CORRECTIONAL OFFICER

30 103512

12/20/99 ANDREJCHAK, RICHARD J

300105 1101 CORRECTIONAL OFFICER

30 103656

10/8/00 BENCH, RAYMOND S

300101 1101 CORRECTIONAL OFFICER

30 103658

6/25/00 MAHER, MICHAEL T

300101 1101 CORRECTIONAL OFFICER

30 103659

6/25/00 FIRESTINE, JUSTIN E.

300101 1101 CORRECTIONAL OFFICER

30 103661

10/8/00 CHANEYFIELD, VICTOR T

300101 1101 CORRECTIONAL OFFICER

30 103673

6/25/00 DEISHER, CRAIG M

300101 1101 CORRECTIONAL OFFICER

30 103685

6/25/00 PAUL, DAVID L.

300101 1101 CORRECTIONAL OFFICER

30 103725

1/14/01 THEIS, JOHN C.

300101 1101 CORRECTIONAL OFFICER

30 103760

3/11/01 BRADLEY, TODD M

300101 1101 CORRECTIONAL OFFICER

30 103764

1/14/01 SWEENEY, DANIEL J.

300101 1101 CORRECTIONAL OFFICER

30 103765

5/20/01 SEIBERT, EDWARD J.

300101 1101 CORRECTIONAL OFFICER

30 103766

8/12/01 LEKOVITCH, EDWARD

300101 1101 CORRECTIONAL OFFICER

30 103770

3/11/01 BEVERIDGE, ROBERT A

300101 1101 CORRECTIONAL OFFICER

30 103906

3/2/03 MUSSER, GREGORY P.

300101 1101 CORRECTIONAL OFFICER

30 103907

9/24/01 SLADIC, SCOTT F.

300101 1101 CORRECTIONAL OFFICER

30 103990

12/29/02 MORRIS, DAMON N.

300105 1101 CORRECTIONAL OFFICER

30 103991

3/15/03 MALCOLM, JAMES A.

300101 1101 CORRECTIONAL OFFICER

30 103993

3/23/03 URBAN, JEFFREY W.

300101 1101 CORRECTIONAL OFFICER

30 104007

12/29/02 KRAKOVSKY, ANDREW M.

300101 1101 CORRECTIONAL OFFICER

30 104009

1/13/02 BROWN, JAISON A

300105 1101 CORRECTIONAL OFFICER

30 104147

3/21/04 CUTSHALL, CHAD A

300101 1101 CORRECTIONAL OFFICER

30 104149

6/15/03 WEBER, DAVID A.

300101 1101 CORRECTIONAL OFFICER

30 104150

3/21/04 PINDEL, ROBBIE

300101 1101 CORRECTIONAL OFFICER

30 104154

6/15/03 KANAGY, SCOTT M.

300101 1101 CORRECTIONAL OFFICER

30 104155

6/15/03 FORISKA, DAVID J.

300101 1101 CORRECTIONAL OFFICER

30 104389

2/6/05 NOFTZ, LAUREN

300101 1101 CORRECTIONAL OFFICER

30 104390

6/15/03 FISCHER, JOHN P.

300101 1101 CORRECTIONAL OFFICER

30 104403

6/15/03 YOUNKINS, DAVID J.

300101 1101 CORRECTIONAL OFFICER

30 104404

6/15/03 KAVALS, WILLIAM C.

300101 1101 CORRECTIONAL OFFICER

30 104405

9/21/03 SCOTT, JOSEPH P.

300101 1101 CORRECTIONAL OFFICER

30 104406

11/16/03 DEFELICE, KRISTY A

300101 1101 CORRECTIONAL OFFICER

30 104409

3/21/04 HILL, SCOTT A.

300101 1101 CORRECTIONAL OFFICER

30 104412

2/6/05 TYSON, STEPHANIE D.

300101 1101 CORRECTIONAL OFFICER

30 104413

10/4/03 FAZIO JR, ANTHONY M.

300101 1101 CORRECTIONAL OFFICER

30 104461

2/6/05 BOSACK, BRIAN M

300101 1101 CORRECTIONAL OFFICER

30 104464

6/13/04 SHEFFO JR, ROBERT M

300101 1101 CORRECTIONAL OFFICER

30 104474

9/19/04 HOLLOWAY, RICHARD M.

300101 1101 CORRECTIONAL OFFICER

30 104477

4/17/05 FROEHLICH, TRACY L.

300101 1101 CORRECTIONAL OFFICER

30 104478

2/6/05 GUYTON, TAMARA L.

300101 1101 CORRECTIONAL OFFICER

30 104481

3/21/04 NUNLEY, CHARISSE D.

300101 1101 CORRECTIONAL OFFICER

30 104751

2/5/06 KELLY, DAVID E

300101 1101 CORRECTIONAL OFFICER

30 106207

9/16/07 NELSON, DEBRA SANDRA

300101 1101 CORRECTIONAL OFFICER

30 108004

4/3/05 BROWN, VERONICA L

300101 1101 CORRECTIONAL OFFICER

30 127284

11/13/95 EVANS, SHANE

300105 1101 CORRECTIONAL OFFICER

30 593935

9/4/05 LEECH, CHRISTINE L.

300101 1101 CORRECTIONAL OFFICER

30 643455

1/8/06 TURNER-ALLEN, TAMMY O.

300101 1101 CORRECTIONAL OFFICER

30 732836

7/10/05 JADLOWIEC, CARL J.

300101 1101 CORRECTIONAL OFFICER

30 732837

10/16/05 JAMES, ARDELLA A.

300101 1101 CORRECTIONAL OFFICER

30 732838

7/10/05 DABROWSKI, DAVID C

300105 1101 CORRECTIONAL OFFICER

30 807986

7/23/06 DIDOLCE, SCOTT J

300101 1101 CORRECTIONAL OFFICER

30 807987

3/5/06 BECK, JASON

300101 1101 CORRECTIONAL OFFICER

30 807994

7/23/06 SKIRTICH, JAMES D.

300101 1101 CORRECTIONAL OFFICER

30 807995

8/6/06 GLOGOWSKI, KEVIN R.

300101 1101 CORRECTIONAL OFFICER

30 807996

6/25/06 HINISH, MAGGI

300101 1101 CORRECTIONAL OFFICER

30 808001

8/6/06 BENDER, ROBERT E

300101 1101 CORRECTIONAL OFFICER

30 808009

8/6/06 MAZZOCCA JR, DOMENIC D

300101 1101 CORRECTIONAL OFFICER

30 808015

8/6/06 RUGANI, SANDRA M.

300101 1101 CORRECTIONAL OFFICER

30 808022

8/6/06 CLARK, WILHEMINA R

300101 1101 CORRECTIONAL OFFICER

30 967211

5/6/12 MARINO, SONJA C

300101 1101 CORRECTIONAL OFFICER

30 1006219

12/10/06 KUBICKY, JOHN A.

300101 1101 CORRECTIONAL OFFICER

30 1006226

10/29/06 HILINSKI, RUSSELL E.

300101 1101 CORRECTIONAL OFFICER

30 1006227

12/24/06 BATYKEFER, JASON K

300101 1101 CORRECTIONAL OFFICER

30 1006231

10/29/06 RUSH JR, TIMOTHY P.

300101 1101 CORRECTIONAL OFFICER

30 1006242

1/7/07 JENKINS, RICHARD C.

300101 1101 CORRECTIONAL OFFICER

30 1006243

10/29/06 FERRIS, JAMES J.

300101 1101 CORRECTIONAL OFFICER

30 1006244

11/26/06 GRESOCK, JAMES G.

300101 1101 CORRECTIONAL OFFICER

30 1006246

12/10/06 HANLEY, MICHAEL J.

300101 1101 CORRECTIONAL OFFICER

30 1072737

4/1/07 BOWMAN, PATRICK W

300101 1101 CORRECTIONAL OFFICER

30 1072739

4/15/07 BUTLER, AMEMOHIS G

300101 1101 CORRECTIONAL OFFICER

30 1072740

4/1/07 CARR, MICHAEL E

300101 1101 CORRECTIONAL OFFICER

30 1072741

4/29/07 CLAYPOOLE, CHARLES L

300101 1101 CORRECTIONAL OFFICER

30 1072742

4/15/07 DUTRIEUILLE, ADRIAN L.

300101 1101 CORRECTIONAL OFFICER

30 1072745

3/4/07 GORHAM, RYAN T.

300101 1101 CORRECTIONAL OFFICER

30 1072747

5/13/07 ARGOTTI, MICHELLE L

300101 1101 CORRECTIONAL OFFICER

30 1072748

4/29/07 JESTER JR, RICHARD D.

300101 1101 CORRECTIONAL OFFICER

30 1072750

4/29/07 LARKIN III, JAMES M

300101 1101 CORRECTIONAL OFFICER

30 1104921

7/27/14 HOLLAND, DAVID A

300101 1101 CORRECTIONAL OFFICER

30 1118787

6/24/07 ZELLARS IV, ROBERT F

300101 1101 CORRECTIONAL OFFICER

30 1118788

3/2/08 WEIS, EDWARD A.

300101 1101 CORRECTIONAL OFFICER

30 1118790

2/3/08 PETTY, STEFAN V.

300101 1101 CORRECTIONAL OFFICER

30 1118791

3/30/08 DAVIS, JAYVON A

300101 1101 CORRECTIONAL OFFICER

30 1118794

6/24/07 BURNETT, RONALD P

300101 1101 CORRECTIONAL OFFICER

30 1118796

7/8/07 PANAIA, RICHARD J.

300101 1101 CORRECTIONAL OFFICER

30 1118799

1/13/08 LONCHARICH, RONALD F.

300101 1101 CORRECTIONAL OFFICER

30 1118801

4/27/08 LEONE, SERGIO

300101 1101 CORRECTIONAL OFFICER

30 1118804

7/29/07 JONES, JASON M.

300101 1101 CORRECTIONAL OFFICER

30 1152542

6/22/08 RHOADES, DANIELLE M.

300101 1101 CORRECTIONAL OFFICER

30 1152544

6/22/08 HARPER-SLABY, KARA L.

300101 1101 CORRECTIONAL OFFICER

30 1152547

6/22/08 LIEB, DANIEL J.

300101 1101 CORRECTIONAL OFFICER

30 1152556

12/7/08 ARLOTTA, JASON F

300101 1101 CORRECTIONAL OFFICER

30 1152558

2/1/09 HORRELL, MATTHEW C.

300101 1101 CORRECTIONAL OFFICER

30 1152563

10/26/08 BARONE II, MICHAEL A

300101 1101 CORRECTIONAL OFFICER

30 1350948

7/5/09 WOLSKO, JOHN J.

300101 1101 CORRECTIONAL OFFICER

30 1350953

5/10/09 MCDINE, FRANK A.

300101 1101 CORRECTIONAL OFFICER

30 1350955

3/29/09 SLABY, LISA M.

300101 1101 CORRECTIONAL OFFICER

30 1350956

4/12/09 MOWRY, CHRISTINE L.

300101 1101 CORRECTIONAL OFFICER

30 1350958

5/23/09 DUNHAM, TOBY N.

300101 1101 CORRECTIONAL OFFICER

30 1386036

1/17/10 NOULLET, JOSH L.

300101 1101 CORRECTIONAL OFFICER

30 1386038

11/8/09 BERGER, ANTHONY J

300101 1101 CORRECTIONAL OFFICER

30 1386039

1/17/10 GAMBRILL, RYAN O.

300101 1101 CORRECTIONAL OFFICER

30 1386046

8/30/09 ISTIK, MICHAEL J.

300101 1101 CORRECTIONAL OFFICER

30 1386049

9/27/09 TROIANO, DAVID M.

300101 1101 CORRECTIONAL OFFICER

30 1386050

2/14/10 TRIFANOFF, GARY M.

300101 1101 CORRECTIONAL OFFICER

30 1459422

3/28/10 TOKARSKY, MICHAEL

300101 1101 CORRECTIONAL OFFICER

30 1459426

6/6/10 TEGTMEIER, JAMES R

300101 1101 CORRECTIONAL OFFICER

30 1459428

10/10/10 ONYSHKO, DAVID A

300101 1101 CORRECTIONAL OFFICER

30 1459438

3/28/10 BOWIE, MICHELE R

300101 1101 CORRECTIONAL OFFICER

30 1475012

2/18/18 BRICKLEY, JAMIE L

300101 1101 CORRECTIONAL OFFICER

30 1483997

3/2/09 SMOLLEN, WILLIAM M

300105 1101 CORRECTIONAL OFFICER

30 1493223

5/29/16 SABATINO, JORDAN J

300101 1101 CORRECTIONAL OFFICER

30 1508237

2/13/11 MARZANO, MICHAEL C

300101 1101 CORRECTIONAL OFFICER

30 1508238

4/10/11 MULLEN, CASEY R

300101 1101 CORRECTIONAL OFFICER

30 1508243

2/13/11 DEAN, JAMES P

300101 1101 CORRECTIONAL OFFICER

30 1508245

6/19/11 DICKSON, ROBERT D

300101 1101 CORRECTIONAL OFFICER

30 1508246

9/25/11 ERO JR, JOSEPH M

300101 1101 CORRECTIONAL OFFICER

30 1508250

8/28/11 KELLY, JAMES E

300101 1101 CORRECTIONAL OFFICER

30 1508253

8/28/11 SCHMOTZER, DEREK R

300101 1101 CORRECTIONAL OFFICER

30 1508254

3/28/11 WILLIAMS, TAMESHA S

300101 1101 CORRECTIONAL OFFICER

30 1508259

4/10/11 KRESS, WILLIAM J

300101 1101 CORRECTIONAL OFFICER

30 1508264

11/6/11 MURRAY, JAMES K

300101 1101 CORRECTIONAL OFFICER

30 1543663

10/7/12 BOYER, MARK V

300101 1101 CORRECTIONAL OFFICER

30 1543665

10/7/12 BROWN, BENJAMIN I

300101 1101 CORRECTIONAL OFFICER

30 1543668

12/1/13 FARRELL, PATTI M

300101 1101 CORRECTIONAL OFFICER

30 1543669

10/7/12 HEATH, JACK R

300101 1101 CORRECTIONAL OFFICER

30 1543674

10/7/12 MANN, BRANDI L

300101 1101 CORRECTIONAL OFFICER

30 1543680

12/22/13 MOWRY, HARRY J

300101 1101 CORRECTIONAL OFFICER

30 1543688

1/12/14 OLEAN, MATHEW S

300101 1101 CORRECTIONAL OFFICER

30 1543694

5/6/12 SODANO JR., JAMES L

300101 1101 CORRECTIONAL OFFICER

30 1543695

11/3/13 MCHUGH, TIMOTHY I

300101 1101 CORRECTIONAL OFFICER

30 1570881

1/26/14 SMART, JOSHUA M

300101 1101 CORRECTIONAL OFFICER

30 1570882

3/9/14 HAMOVITZ, GREGORY E

300101 1101 CORRECTIONAL OFFICER

30 1570883

2/23/14 LYNCH, JONATHAN C

300101 1101 CORRECTIONAL OFFICER

30 1570885

3/9/14 THORNBURG, ROBERT A

300101 1101 CORRECTIONAL OFFICER

30 1570892

3/23/14 LINVER, GREG D

300101 1101 CORRECTIONAL OFFICER

30 1570896

1/26/14 D'ANGELO, JONATHAN C.

300101 1101 CORRECTIONAL OFFICER

30 1570898

1/26/14 GARCIA-CHAVEZ, SERGIO

300101 1101 CORRECTIONAL OFFICER

30 1643009

5/4/14 THOMAS, LYNDA M

300101 1101 CORRECTIONAL OFFICER

30 1643020

6/1/14 HANDERHAN, CHRISTOPHER J 300101 1101 CORRECTIONAL OFFICER

30 1643040

6/1/14 ENGLERT, BRIAN W

300101 1101 CORRECTIONAL OFFICER

30 1643045

6/1/14 ANDERSON, ALEXIS DAWN

300101 1101 CORRECTIONAL OFFICER

30 1643049

6/15/14 CUNNINGHAM, DION A

300101 1101 CORRECTIONAL OFFICER

30 1643053

6/15/14 CARTER, BRANDON S

300101 1101 CORRECTIONAL OFFICER

30 1643069

5/4/14 MILLER, KEVIN J

300101 1101 CORRECTIONAL OFFICER

30 1643074

6/15/14 SEMEGY, JASON J

300101 1101 CORRECTIONAL OFFICER

30 1643080

5/4/14 PLAKIDAS, ADAM C

300101 1101 CORRECTIONAL OFFICER

30 1724013

7/20/14 REICK, DUANE E

300101 1101 CORRECTIONAL OFFICER

30 1724014

6/29/14 SULLIVAN, DAVID W

300101 1101 CORRECTIONAL OFFICER

30 1724015

7/27/14 HUTTER, JASON S

300101 1101 CORRECTIONAL OFFICER

30 1724016

7/27/14 HAYNES, ZENOLA E

300101 1101 CORRECTIONAL OFFICER

30 1724017

7/20/14 HIROSKY, MICHAEL R

300101 1101 CORRECTIONAL OFFICER

30 1724025

7/20/14 ASPRILLA-GAMBOA, ERIC A

300101 1101 CORRECTIONAL OFFICER

30 1724545

7/27/14 TAYLOR, MONTELL A

300101 1101 CORRECTIONAL OFFICER

30 1724548

7/27/14 IRELAND, JOHN L

300101 1101 CORRECTIONAL OFFICER

30 1782904

8/24/14 IRELAND, MICHAEL K

300101 1101 CORRECTIONAL OFFICER

30 1782907

10/20/13 GLOVER, JACOB E

300101 1101 CORRECTIONAL OFFICER

30 1782908

8/24/14 SCHROTT JR, DANIEL W

300101 1101 CORRECTIONAL OFFICER

30 1782911

8/24/14 GILLILAND, JOHN L.

300101 1101 CORRECTIONAL OFFICER

30 1782914

8/24/14 YELOUSHAN, DAVID C

300105 1101 CORRECTIONAL OFFICER

30 1782915

8/24/14 BOYD, NICHOLE C

300101 1101 CORRECTIONAL OFFICER

30 1782918

8/24/14 DEAN, CALVIN E

300101 1101 CORRECTIONAL OFFICER

30 1782920

8/24/14 KNIGHT, FELICA L

300101 1101 CORRECTIONAL OFFICER

30 1782921

8/24/14 FLEISNER, RAYMOND W

300101 1101 CORRECTIONAL OFFICER

30 1825645

9/21/14 CALDWELL, KEVIN P

300101 1101 CORRECTIONAL OFFICER

30 1825680

9/21/14 KELLY, BRIAN A

300101 1101 CORRECTIONAL OFFICER

30 1825684

12/6/17 KELLY, BRUCE A

300101 1101 CORRECTIONAL OFFICER

30 1825695

9/21/14 NOVAKOWSKI, JESSICA M

300101 1101 CORRECTIONAL OFFICER

30 1825700

9/21/14 RIZZO, RONALD N

300101 1101 CORRECTIONAL OFFICER

30 1948672

9/21/14 CATON, MATTHEW

300101 1101 CORRECTIONAL OFFICER

30 1986431

9/21/14 JENNINGS, JENELLE N

300101 1101 CORRECTIONAL OFFICER

30 1986435

9/21/14 MAJOR, VICKI R

300101 1101 CORRECTIONAL OFFICER

30 1986439

9/21/14 MASLANKA, JASON A

300101 1101 CORRECTIONAL OFFICER

30 1986440

11/9/14 PARSONS, KELSEA L

300105 1101 CORRECTIONAL OFFICER

30 1986476

11/16/14 SWEENEY, JAMES C

300101 1101 CORRECTIONAL OFFICER

30 2057945

2/22/15 TURNER, ZACHARY L

300101 1101 CORRECTIONAL OFFICER

30 2057947

2/22/15 THOMAS, KRYSTOL A

300101 1101 CORRECTIONAL OFFICER

30 2057950

2/22/15 MANG, RONALD P

300101 1101 CORRECTIONAL OFFICER

30 2057951

2/22/15 LEWIS, VA-LANCE T

300101 1101 CORRECTIONAL OFFICER

30 2057952

9/6/15 KREMER, CODY J

300101 1101 CORRECTIONAL OFFICER

30 2057953

2/22/15 GROSS, RONALD E

300101 1101 CORRECTIONAL OFFICER

30 2057954

12/21/14 BOOK, TY W

300101 1101 CORRECTIONAL OFFICER

30 2107324

3/22/15 PALMER, JAMAAL D

300101 1101 CORRECTIONAL OFFICER

30 2107330

3/22/15 GILDEA, MICHELLE

300101 1101 CORRECTIONAL OFFICER

30 2107332

3/8/15 FITZWILLIAM, KASEY D

300101 1101 CORRECTIONAL OFFICER

30 2146339

4/19/15 CERDA, MICHAEL J

300105 1101 CORRECTIONAL OFFICER

30 2146342

6/28/15 GUMKOWSKI, ERIC D

300101 1101 CORRECTIONAL OFFICER

30 2146346

8/9/15 HARRIGAN, DEREK S

300101 1101 CORRECTIONAL OFFICER

30 2146351

4/19/15 KRAMER, JOSEPH C

300101 1101 CORRECTIONAL OFFICER

30 2146354

8/9/15 RETHAGE, PEARL JOY

300101 1101 CORRECTIONAL OFFICER

30 2146357

5/31/15 ROBINSON, ALLEN E

300101 1101 CORRECTIONAL OFFICER

30 2146358

5/31/15 STADELMAN, JUSTIN M

300101 1101 CORRECTIONAL OFFICER

30 2146366

6/14/15 VERBANICK, STEPHEN M

300101 1101 CORRECTIONAL OFFICER

30 2146368

8/9/15 WALL, ROUDY L

300101 1101 CORRECTIONAL OFFICER

30 2161459

9/6/15 STREICH, DAVID

300101 1101 CORRECTIONAL OFFICER

30 2161574

9/6/15 ROBINSON, ANTOINETTE

300101 1101 CORRECTIONAL OFFICER

30 2161578

9/6/15 PAVLECIC, JONATHAN

300101 1101 CORRECTIONAL OFFICER

30 2161580

10/18/15 ZIEGLER, JEFFREY

300101 1101 CORRECTIONAL OFFICER

30 2200423

12/27/15 ANDERSON, BRANDON J

300101 1101 CORRECTIONAL OFFICER

30 2200431

11/15/15 BANE, JOSHUA J

300101 1101 CORRECTIONAL OFFICER

30 2200435

12/27/15 AMRHEIN, BRETT M

300101 1101 CORRECTIONAL OFFICER

30 2200440

12/27/15 DALLY, JUSTIN M

300101 1101 CORRECTIONAL OFFICER

30 2200451

3/6/16 GRAY, EDWARD N

300101 1101 CORRECTIONAL OFFICER

30 2200475

11/29/15 INGRAM, SHANE R

300101 1101 CORRECTIONAL OFFICER

30 2200507

1/24/16 ZELEPOS, NEAKO G

300101 1101 CORRECTIONAL OFFICER

30 2200519

3/6/16 MCCLELLAND, KEATON D

300101 1101 CORRECTIONAL OFFICER

30 2200539

11/15/15 COLEMAN, TOBIAS A

300101 1101 CORRECTIONAL OFFICER

30 2216783

7/23/17 CALDWELL, TONYA M

300101 1101 CORRECTIONAL OFFICER

30 2228207

11/25/18 LANEY, TAMARA L

300101 1101 CORRECTIONAL OFFICER

30 2237986

7/10/16 TUCKER, RYAN E

300101 1101 CORRECTIONAL OFFICER

30 2237987

5/29/16 TALBERT, DORMAYNE R

300101 1101 CORRECTIONAL OFFICER

30 2237990

5/29/16 STEPHENS-GREGORY, CHINNIE L 300105 1101 CORRECTIONAL OFFICER

30 2237994

5/29/16 SCHULTZ, JOSHUA S

300101 1101 CORRECTIONAL OFFICER

30 2237996

7/10/16 PANZA, JOSEPH P

300101 1101 CORRECTIONAL OFFICER

30 2237997

8/21/16 MCCLAIN, BONNYE J

300101 1101 CORRECTIONAL OFFICER

30 2237998

5/29/16 LENHART, WILLIAM H

300105 1101 CORRECTIONAL OFFICER

30 2238026

5/29/16 KOPCHO, RYAN H

300105 1101 CORRECTIONAL OFFICER

30 2238028

8/7/16 DILTS, GUY P

300101 1101 CORRECTIONAL OFFICER

30 2238030

8/7/16 DENILLO, DANIEL M

300101 1101 CORRECTIONAL OFFICER

30 2238031

5/29/16 DAWSON, DEAN K

300105 1101 CORRECTIONAL OFFICER

30 2238032

5/29/16 CAMARA, DAVID E

300101 1101 CORRECTIONAL OFFICER

30 2238051

7/22/18 HOLT, JASON C

300105 1101 CORRECTIONAL OFFICER

30 2251248

5/29/16 DEMIS, MICHAEL C

300101 1101 CORRECTIONAL OFFICER

30 2251249

5/29/16 SIMERAL, SHANE R

300101 1101 CORRECTIONAL OFFICER

30 2251253

5/29/16 JACKSON, IAN R

300101 1101 CORRECTIONAL OFFICER

30 2251257

8/7/16 HALEY, MICHAEL S

300101 1101 CORRECTIONAL OFFICER

30 2279395

6/4/17 JONES, CURTIS J

300101 1101 CORRECTIONAL OFFICER

30 2279399

3/19/17 KORB, JASON J

300101 1101 CORRECTIONAL OFFICER

30 2279402

3/26/17 FARLEY, SHARON D

300101 1101 CORRECTIONAL OFFICER

30 2279422

7/23/17 KEARNS, MATTHEW

300101 1101 CORRECTIONAL OFFICER

30 2279451

11/13/16 MACK, KIAH

300105 1101 CORRECTIONAL OFFICER

30 2279452

7/23/17 MALESIC, CHRISTOPHER D

300101 1101 CORRECTIONAL OFFICER

30 2279460

4/30/17 MCVEIGH, JAMES J

300101 1101 CORRECTIONAL OFFICER

30 2279464

4/30/17 NALLEY, SHAWN M

300101 1101 CORRECTIONAL OFFICER

30 2279466

7/23/17 POINDEXTER, JOHN

300101 1101 CORRECTIONAL OFFICER

30 2279468

6/4/17 RENDA, CHRISTOPHER F

300105 1101 CORRECTIONAL OFFICER

30 2279496

7/23/17 TRALONGO, ANTONIO

300101 1101 CORRECTIONAL OFFICER

30 2279497

8/6/17 VENSEL, JAMES T

300101 1101 CORRECTIONAL OFFICER

30 2279499

1/8/17 VOJTAS, ANTHONY J

300101 1101 CORRECTIONAL OFFICER

30 2279501

7/23/17 WEATHERFORD, KAYLEE M

300101 1101 CORRECTIONAL OFFICER

30 2279502

1/8/17 LESLIE, BRANDON T

300101 1101 CORRECTIONAL OFFICER

30 2279506

10/24/16 DEVLIN, ALBERT L

300101 1101 CORRECTIONAL OFFICER

30 2279508

7/23/17 DENNIS, STEPHEN M

300101 1101 CORRECTIONAL OFFICER

30 2279511

2/19/17 ARLOTTA, NICHOLAS

300105 1101 CORRECTIONAL OFFICER

30 2279517

8/6/17 CAWLEY, SHANE M

300101 1101 CORRECTIONAL OFFICER

30 2279518

7/23/17 ALDER, DAVID J

300101 1101 CORRECTIONAL OFFICER

30 2279519

3/19/17 KEMP III, WILLIAM C

300101 1101 CORRECTIONAL OFFICER

30 2279522

8/6/17 FLEMING, PAUL S

300101 1101 CORRECTIONAL OFFICER

30 2279739

4/30/17 DEEMS, SHANNON T

300101 1101 CORRECTIONAL OFFICER

30 2279740

1/22/17 HYDE, JEFFREY A

300101 1101 CORRECTIONAL OFFICER

30 2309712

9/19/16 BRENNAN, THOMAS K

300101 1101 CORRECTIONAL OFFICER

30 2330933

4/1/18 TAYLOR, SHYRA E

300101 1101 CORRECTIONAL OFFICER

30 2338234

2/4/18 OVERDORF, MATHEW R

300101 1101 CORRECTIONAL OFFICER

30 2338235

9/17/17 MCGUIRE, RYAN M

300105 1101 CORRECTIONAL OFFICER

30 2338237

9/3/17 MARTIN, MICHAEL A

300101 1101 CORRECTIONAL OFFICER

30 2338238

9/3/17 YOUNKINS JR, DAVID

300105 1101 CORRECTIONAL OFFICER

30 2338239

9/17/17 JONES, NICOLE

300101 1101 CORRECTIONAL OFFICER

30 2338240

9/3/17 GREGG, NATALIE M

300101 1101 CORRECTIONAL OFFICER

30 2338243

10/1/17 WEAVER, ANDREW J

300101 1101 CORRECTIONAL OFFICER

30 2338244

2/4/18 COSCARELLI, DYLAN

300101 1101 CORRECTIONAL OFFICER

30 2338245

10/29/17 WARD-BLACK, AUTUMN N

300101 1101 CORRECTIONAL OFFICER

30 2338246

12/10/17 STAWIARSKI, SCOTT A

300101 1101 CORRECTIONAL OFFICER

30 2338247

10/1/17 SPATH, MICHAEL P

300105 1101 CORRECTIONAL OFFICER

30 2338249

12/10/17 CARR, MICHAEL E

300101 1101 CORRECTIONAL OFFICER

30 2338250

11/26/17 BROWN, JACOB J

300101 1101 CORRECTIONAL OFFICER

30 2372273

2/4/18 FITZPATRICK, ERIC M

300101 1101 CORRECTIONAL OFFICER

30 2372275

2/4/18 MARTIN, WILLIAM D

300101 1101 CORRECTIONAL OFFICER

30 2372277

2/4/18 LORANT, DAVID M

300101 1101 CORRECTIONAL OFFICER

30 2372278

2/4/18 MAUST, WALTER F

300101 1101 CORRECTIONAL OFFICER

30 2402955

4/1/18 COULTER, CASEY D

300101 1101 CORRECTIONAL OFFICER

30 2402956

5/13/18 HOLMES, JEFFREY D

300101 1101 CORRECTIONAL OFFICER

30 2402957

2/18/18 JOHNSON, JEREMY J

300101 1101 CORRECTIONAL OFFICER

30 2402958

3/18/18 MCGUIRE, ZACHARY A

300101 1101 CORRECTIONAL OFFICER

30 2402960

4/1/18 MIKAN, SEAN C

300105 1101 CORRECTIONAL OFFICER

30 2402961

3/18/18 MORELLI, PAOLO P

300101 1101 CORRECTIONAL OFFICER

30 2402965

4/15/18 VOJTAS, CHRISTOPHER J

300101 1101 CORRECTIONAL OFFICER

30 2402966

3/4/18 WILLIAM, JOE N

300101 1101 CORRECTIONAL OFFICER

30 2402997

4/1/18 WASKOWIAK, ERIN K

300105 1101 CORRECTIONAL OFFICER

30 2402998

4/1/18 MOSELEY, SHAINA

300101 1101 CORRECTIONAL OFFICER

30 2402999

3/18/18 PRUGER, MARK A

300101 1101 CORRECTIONAL OFFICER

30 2403001

4/1/18 HOOVER, MICHAEL J

300101 1101 CORRECTIONAL OFFICER

30 2403005

4/1/18 MEHOK, ALLIE N

300101 1101 CORRECTIONAL OFFICER

30 2420846

1/8/18 DAVIS, BRIAN M

300101 1101 CORRECTIONAL OFFICER

30 2431545

7/8/18 KESSLER, ANDREW

300101 1101 CORRECTIONAL OFFICER

30 2431546

9/16/18 MAVROIDES, ATHENA M

300101 1101 CORRECTIONAL OFFICER

30 2431547

9/2/18 MAZZA, JUSTIN M

300101 1101 CORRECTIONAL OFFICER

30 2431548

10/14/18 PARKER, JOSEPH A

300101 1101 CORRECTIONAL OFFICER

30 2431549

7/22/18 ROBERSON, TERRELL

300101 1101 CORRECTIONAL OFFICER

30 2431551

8/19/18 VAUSE, JOHNATHAN M

300101 1101 CORRECTIONAL OFFICER

30 2431553

2/17/19 STEIN, JAMES E

300101 1101 CORRECTIONAL OFFICER

30 2431565

7/8/18 ANDRASCIK, JUSTIN C

300101 1101 CORRECTIONAL OFFICER

30 2431568

9/2/18 IEZZI III, LOUIS

300101 1101 CORRECTIONAL OFFICER

30 2431569

11/25/18 BESSELMAN, MICHAEL H

300101 1101 CORRECTIONAL OFFICER

30 2431574

7/22/18 CAMPBELL, MICHAEL D

300101 1101 CORRECTIONAL OFFICER

30 2431942

7/22/18 COVINE, CODY B

300101 1101 CORRECTIONAL OFFICER

30 2431947

2/17/19 DREXLER, JUSTIN

300101 1101 CORRECTIONAL OFFICER

30 2431951

9/30/18 FINNEY, STEPHEN

300101 1101 CORRECTIONAL OFFICER

30 2474977

3/3/19 REIMER, SHELBY L

300105 1101 CORRECTIONAL OFFICER

30 2474978

2/17/19 PERMINTER, JADORA R

300105 1101 CORRECTIONAL OFFICER

30 2474979

3/3/19 LUCENTE, JEFFREY

300101 1101 CORRECTIONAL OFFICER

30 2474990

2/17/19 CORNELL, CORTNEY N

300101 1101 CORRECTIONAL OFFICER

30 2474992

3/3/19 JANSEN, SHAWNIE A

300101 1101 CORRECTIONAL OFFICER

30 2474994

3/3/19 LEFEVRE II, JAY C

300101 1101 CORRECTIONAL OFFICER

30 2475012

3/3/19 HESTER, GREGORY H

300101 1101 CORRECTIONAL OFFICER

30 2475688

7/9/18 WILSON, KATEYMARIE E

300101 1101 CORRECTIONAL OFFICER

30 2485762

3/3/19 NARDUCCI, ANTHONY R

300101 1101 CORRECTIONAL OFFICER

30 2485772

3/3/19 JOHNS, ALEXANDER X

300101 1101 CORRECTIONAL OFFICER

30 2485774

3/3/19 EAST, RASHEEN D

300101 1101 CORRECTIONAL OFFICER

30 2486046

3/3/19 GERBER, JUSTIN R

300101 1101 CORRECTIONAL OFFICER

30 2486047

3/3/19 DIANA, NATALIE A

300101 1101 CORRECTIONAL OFFICER

30 2498045

3/11/19 BOND, CHRISTIAN J

300101 1101 CORRECTIONAL OFFICER

30 2517548

3/11/19 TEWELL, NICHOLAS J

300101 1101 CORRECTIONAL OFFICER

30 2517549

3/11/19 SPORE, JUDSON C

300101 1101 CORRECTIONAL OFFICER

30 2517561

3/11/19 ORAVETZ, ZACHARY M

300101 1101 CORRECTIONAL OFFICER

30 2517563

3/11/19 METZ, RAVEN C

300101 1101 CORRECTIONAL OFFICER

30 2517566

3/11/19 GROSS, CHARLES E

300101 1101 CORRECTIONAL OFFICER

30 2517567

3/11/19 GALLOWAY, WILLIAM R

300101 1101 CORRECTIONAL OFFICER

30 2517568

3/11/19 BOWERS, BRANDON J

300101 1101 CORRECTIONAL OFFICER

30 2517569

3/11/19 BEELER, ROBERT

300101 1101 CORRECTIONAL OFFICER

30 2548697

6/3/19 DEADERICK, DONEIKA L

300101 1101 CORRECTIONAL OFFICER

30 2548699

6/3/19 VETTERLY, MICHAEL T

300101 1101 CORRECTIONAL OFFICER

30 2548701

6/3/19 RICE, BRANDAN L

300101 1101 CORRECTIONAL OFFICER

30 2548702

6/3/19 LESHKO, DANIEL B

300101 1101 CORRECTIONAL OFFICER

30 2548703

6/3/19 KENGERSKI, LINDSAY M

300101 1101 CORRECTIONAL OFFICER

30 2561613

8/12/19 BARKER, DARYL T

300101 1101 CORRECTIONAL OFFICER

30 2561614

8/12/19 CARIDI, JONATHAN R

300101 1101 CORRECTIONAL OFFICER

30 2561619

8/12/19 DUNKLEY, D'ANDRE J

300101 1101 CORRECTIONAL OFFICER

30 2561620

8/12/19 GATZ, RANDOLPH A

300105 1101 CORRECTIONAL OFFICER

30 2561621

3/9/20 GRAY, NATHANIEL S

300101 1101 CORRECTIONAL OFFICER

30 2561623

8/12/19 HOOVER, MEGAN J

300101 1101 CORRECTIONAL OFFICER

30 2561625

8/12/19 MANUEL, DYLAN A

300101 1101 CORRECTIONAL OFFICER

30 2561631

8/12/19 O'CONNELL, RYAN D

300101 1101 CORRECTIONAL OFFICER

30 2561653

8/12/19 STEGENA, JAKE A

300101 1101 CORRECTIONAL OFFICER

30 2561655

8/12/19 TURCOVSKY, JOHN P

300101 1101 CORRECTIONAL OFFICER

30 2561657

8/12/19 WRIGHT, FREDERICK C

300101 1101 CORRECTIONAL OFFICER

30 2561658

8/12/19 ZANOTTI, ZENA

300101 1101 CORRECTIONAL OFFICER

30 2586272

12/16/19 MERZ, JOSEPH R

300101 1101 CORRECTIONAL OFFICER

30 2586280

12/16/19 SUMPTER, ANDRE P

300101 1101 CORRECTIONAL OFFICER

30 2586283

12/16/19 MEANOR, NATHAN A

300101 1101 CORRECTIONAL OFFICER

30 2586286

12/16/19 JOHNSON SR, DEVAN M

300101 1101 CORRECTIONAL OFFICER

30 2586290

12/16/19 BARKER, CHRISTOPHER A

300101 1101 CORRECTIONAL OFFICER

30 2586291

12/16/19 ALIY, AUREL

300101 1101 CORRECTIONAL OFFICER

30 2586312

12/16/19 LIPNER, JASON D

300101 1101 CORRECTIONAL OFFICER

30 2586313

12/16/19 BAGNATO, LEWIS A

300101 1101 CORRECTIONAL OFFICER

30 2586314

12/16/19 TOOMEY, RAYMOND Q

300101 1101 CORRECTIONAL OFFICER

30 2586315

12/16/19 PALMIERE, DANIEL A

300101 1101 CORRECTIONAL OFFICER

30 2586316

12/16/19 MANGIS, BRYAN C

300101 1101 CORRECTIONAL OFFICER

30 2586318

12/16/19 GRIFFIN, MALIK R

300101 1101 CORRECTIONAL OFFICER

30 2586320

12/16/19 BARCA, NICHOLAS J

300101 1101 CORRECTIONAL OFFICER

30 2586889

12/16/19 MYSNYK, NICHOLAS J

300101 1101 CORRECTIONAL OFFICER

30 2586890

12/16/19 DRYE, EDWARD B

300101 1101 CORRECTIONAL OFFICER

30 2598123

3/9/20 WILSON, CURTIS

300105 1101 CORRECTIONAL OFFICER

30 2598126

3/9/20 TURNER, JORDAN

300101 1101 CORRECTIONAL OFFICER

30 2598128

3/9/20 MCDERMIT, SETH

300105 1101 CORRECTIONAL OFFICER

30 2598131

3/9/20 WASHINGTON, RODNEY

300101 1101 CORRECTIONAL OFFICER

30 2598137

3/9/20 MACIOCE, ADAM

300101 1101 CORRECTIONAL OFFICER

30 1458782

2/10/20 LYLES, ANITRA J.

300101 7777 D&A ASSMNT & PLCMNT COORD

30 2528500

4/15/19 BRINKMAN, ASHLEY L

304301 7777 DEPUTY HEALTH SERVICES ADMIN

30 2028949

2/10/14 BEASOM, JASON P

300101 7777 DEPUTY WARDEN

30 2338227

2/21/17 SISKO, ANGELA MARIE

304301 7777 DETOXIFICATION NURSE COORD

30 2568666

9/16/19 BRENINGHOUSE, MICHELLE R 304301 7777 DETOXIFICATION NURSE COORD

30 2216723

8/31/15 BARFIELD, MICHAEL

304301 7777 DIRECTOR OF MENTAL HEALTH

30 2507799

1/7/19 FOLEY, RITA MARIE M

304301 7777 DIRECTOR OF NURSING

30 108152

9/1/15 ASHAMU, DONNA L

304301 1801 DISCHARGE PLANNER

30 2216624

9/1/15 PROROK, LYNSEY R

304301 1801 DISCHARGE PLANNER

30 2293228

7/11/16 EBERHARDT, JUANIKA L

304301 1805 DISCHARGE PLANNER - PT

30 2013148

2/3/14 BEADNELL, AMELIA J

300101 9999 EXECUTIVE ASST TO THE WARDEN

30 2294254

7/18/16 SIFORD, DAVID J

300101 7777 FINANCIAL MANAGER

30 2215451

8/24/15 JOSEPH, ALOYSIUS

304301 7777 HEALTH SERVICES ADMINISTRATOR

30 2181521

4/20/15 GILLESPIE, NORA E

300101 7777 HEALTHCARE CONTRACT MONITOR

30 2563190

8/19/19 LEE, ROBERT M

300101 9999 HR GENERALIST

30 103467

5/24/99 EASLEY, CALVIN W

300101 70130 IDENTIFICATION TECH 12 YEAR

30 103726

2/14/00 MOORE, SHAMAYNE R.

300105 70130 IDENTIFICATION TECH 12 YEAR

30 107734

8/6/01 BRYER, DEBRA M.

300105 70130 IDENTIFICATION TECH 12 YEAR

30 593953

11/12/02 BRYANT, DANA R

300105 70130 IDENTIFICATION TECH 12 YEAR

30 919052

1/1/05 DORMAN JR, ROBERT B.

300105 70130 IDENTIFICATION TECH 12 YEAR

30 919053

1/1/05 BEVAN, MELISSA A

300105 70130 IDENTIFICATION TECH 12 YEAR

30 919054

1/1/05 BRIGHT, GARY F

300105 70130 IDENTIFICATION TECH 12 YEAR

30 1017896

9/19/05 BREITINGER, JESSICA L

300105 70130 IDENTIFICATION TECH 12 YEAR

30 2248684

2/22/16 HALLSTEIN, CHRISTIAN A

300105 70130 IDENTIFICATION TECHNICIAN 1

30 2424825

1/22/18 STICKLE, JEFF

300105 70130 IDENTIFICATION TECHNICIAN 1

30 2465793

5/29/18 HICKMAN, STEPHANIE V

300105 70130 IDENTIFICATION TECHNICIAN 1

30 2117787

10/6/14 KADUKE, RAYMOND M

300101 70130 IDENTIFICATION TECHNICIAN 2

30 2513757

2/19/19 BACH, LAUREN E

304301 7777 INFECTIOUS DISEASE COORDINATOR

30 2362496

4/24/17 BOYD, ROCCO

300101 9999 INFORMATION TECH GENERALIST

30 1987094

10/21/13 MOYE, JEFFREY J

300101 70130 INMATE RECORDS CLERK

30 2184002

6/3/19 TOTH, JOSEPH M

300101 70130 INMATE RECORDS CLERK

30 2424407

4/30/18 KYPTA, AMANDA M

300101 70130 INMATE RECORDS CLERK

30 2490752

10/14/18 KAYLOR, MACKENZIE L

300101 70130 INMATE RECORDS CLERK

30 2548708

7/7/19 GAZZAM, NATALIE R

300101 70130 INMATE RECORDS CLERK

30 2548711

6/3/19 MYERS, KAILEE N

300101 70130 INMATE RECORDS CLERK

30 2577117

3/15/20 NODAROS, CASSIDY

300101 70130 INMATE RECORDS CLERK

30 102073

7/17/95 PASTOR, SAMUEL P

300101 7777 INTERNAL AFFAIRS INVESTIGATOR

30 2215605

8/27/15 THOMAS, BLONDEL

304301 1801 LICENSED PRACTICAL NURSE

30 2215611

8/27/15 BREWER, PATRICIA E

304301 1801 LICENSED PRACTICAL NURSE

30 2216674

8/26/15 CHIEKE, BERTHA O

304301 1801 LICENSED PRACTICAL NURSE

30 2215591

8/27/15 HAST-MURPHY, FERN

304301 1805 LICENSED PRACTICAL NURSE - PT

30 1118797

7/29/07 KOHLER, MATTHEW E

300101 7778 MAJOR

30 2184897

5/4/15 VANCHIERI, JACK V

300101 7778 MAJOR

30 2256714

3/21/16 SMITH, ADAM T

300101 7778 MAJOR

30 829961

5/17/04 TOMA, BLYTHE P.

300101 7777 MANAGER OF ADMINISTRATIN

30 2383607

7/17/17 PISTILLI, KIMBERLY A

304301 1801 MEDICAL ASSISTANT

30 2519136

3/18/19 SHEFFEY, DEBORAH A

304301 1801 MEDICAL ASSISTANT

30 2548695

6/3/19 BUJANOWSKI, BRIANA L

304301 1801 MEDICAL ASSISTANT

30 2563192

8/19/19 MEEHAN, PATRICIA D

304301 1801 MEDICAL ASSISTANT

30 2295931

7/25/16 FICHTER, WENDY L

304301 1805 MEDICAL ASSISTANT - PT

30 2305200

9/6/16 DOMEK, AMIE A

304301 1805 MEDICAL ASSISTANT - PT

30 2392080

8/28/17 HOGAN, CHERYL Y

304301 1805 MEDICAL ASSISTANT - PT

30 2215599

8/27/15 CROSBY, TAKEIA J

304301 1801 MEDICAL RECORDS CLERK

30 2215616

8/27/15 MURRELL, BERTIE Y

304301 1801 MEDICAL RECORDS CLERK

30 2216640

9/1/15 RAINEY, DIANE L

304301 1801 MEDICAL RECORDS CLERK

30 2216643

9/1/15 KOZEL, RITA A

304301 1801 MEDICAL RECORDS CLERK

30 2295932

7/25/16 HAMAR, REBECCA J

304301 1805 MEDICAL RECORDS CLERK - PT

30 2215582

8/27/15 WICHRYK, DARLENE A

304301 1801 MENTAL HEALTH REG NURSE

30 2216679

9/1/15 LERI, SUSAN

304301 1801 MENTAL HEALTH REG NURSE

30 2216681

9/1/15 IVAN, CARLA

304301 1801 MENTAL HEALTH REG NURSE

30 2216710

9/1/15 LASKEY, DANIEL J

304301 1801 MENTAL HEALTH REG NURSE

30 2228209

6/12/17 OREILLY, VINCENT E

304301 1801 MENTAL HEALTH REG NURSE

30 2489478

9/17/18 LATTIMER, MICHELLE M

304301 1801 MENTAL HEALTH REG NURSE

30 2552827

6/24/19 EMANUELE, CAROL A

304301 1801 MENTAL HEALTH REG NURSE

30 2216709

9/1/15 RIVI, MARIE C

304301 1805 MENTAL HEALTH REG NURSE - PT

30 2216947

9/1/15 AUGE, LEE A

304301 1805 MENTAL HEALTH REG NURSE - PT

30 2382933

7/10/17 REIS, SHERRY

304301 1805 MENTAL HEALTH REG NURSE - PT

30 2563128

8/19/19 GRIFFITHS, DEBORAH J

304301 1805 MENTAL HEALTH REG NURSE - PT

30 2215617

8/27/15 WARMAN, KAREN L

304301 1801 MENTAL HEALTH SPECIALIST

30 2216645

9/1/15 KOVALCIK, MICHELLE C

304301 1801 MENTAL HEALTH SPECIALIST

30 2216646

9/1/15 LEDBETTER, CLYDE

304301 1801 MENTAL HEALTH SPECIALIST

30 2216651

9/1/15 PORTER, CHARLOTTE L

304301 1801 MENTAL HEALTH SPECIALIST

30 2315260

2/5/17 HOWIE, ALISHA M

304301 1801 MENTAL HEALTH SPECIALIST

30 2478277

7/23/18 CLAYTON, ROBIN R

304301 1801 MENTAL HEALTH SPECIALIST

30 2216629

9/1/15 LEBAKKEN, MEGAN

304301 1805 MENTAL HEALTH SPECIALIST - PT

30 2490956

1/13/20 GARLAND, JARRETT M

304301 1805 MENTAL HEALTH SPECIALIST - PT

30 2598133

3/9/20 BURKE, NIKITA N

304301 1805 MENTAL HEALTH SPECIALIST - PT

30 103616

11/8/99 MIDDLETON, LISA

300101 7777 OFFENDER MANAGEMENT SYS COORD

30 102644

10/30/95 ROOF, DAWN M

300101 9999 PAYROLL CLERK

30 1122809

8/21/06 PRATT, PHILIP H

300101 9999 PAYROLL CLERK

30 1528091

8/3/09 KADUKE, RUTH E

300101 9999 PAYROLL CLERK

30 2273305

5/2/16 HEINTZ, DENNIS E

304301 9999 PAYROLL CLERK

30 104417

8/6/01 DELUCA, LAUREN J

300101 7777 PAYROLL MANAGER

30 2290601

5/28/17 BEHANNA, AMANDA J

304301 1801 PHARMACY TECHNICIAN

30 2568631

9/30/19 SHINKONDE, NOSISA M

304301 1801 PHARMACY TECHNICIAN

30 2216658

9/1/15 VETO, PAUL V

304301 1801 PSYCHIATRIC AIDE

30 2216661

9/1/15 DIXON, MARJORIE L

304301 1801 PSYCHIATRIC AIDE

30 2428829

2/12/18 SNEAD, LATREACE M

304301 1801 PSYCHIATRIC AIDE

30 2594781

3/2/20 CONTI, GARRETT G

300101 7777 PUBLIC INFORMATION OFFICER

30 2215587

8/27/15 DURSO, SANDRA L

304301 1801 REGISTERED NURSE

30 2216642

9/1/15 LONG, MARIA E

304301 1801 REGISTERED NURSE

30 2216652

9/1/15 ONDREY, DANIEL E

304301 1801 REGISTERED NURSE

30 2216675

9/1/15 WILLIAMS-LATHAM, TERESA E 304301 1801 REGISTERED NURSE

30 2279409

6/26/16 JONES, COLETTE I

304301 1801 REGISTERED NURSE

30 2328068

12/12/16 WARNER, MICHAEL

304301 1801 REGISTERED NURSE

30 2372250

5/22/17 KUDRAV, LISA E

304301 1801 REGISTERED NURSE

30 2382963

7/10/17 KUZSKI, BERNARD

304301 1801 REGISTERED NURSE

30 2385152

7/24/17 SPALLA, REGINA

304301 1801 REGISTERED NURSE

30 2586344

12/16/19 LUTZ, ROXANNE L

304301 1801 REGISTERED NURSE

30 2216902

9/1/15 UNDERWOOD, MICHELLE T

304301 1805 REGISTERED NURSE - PT

30 2216915

9/1/15 GRUNWALD, CHRISTINA

304301 1805 REGISTERED NURSE - PT

30 2557743

7/22/19 SUMMERS, SHELDON T

304301 1805 REGISTERED NURSE - PT

30 2564554

8/26/19 MILLER, NIA N

304301 1805 REGISTERED NURSE - PT

30 2588195

1/6/20 HOFFMAN, STEVEN J

304301 1805 REGISTERED NURSE - PT

30 100004

6/2/80 MCCLELLAND JR, DONALD L

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100038

6/30/80 MANUEL, MICHAEL J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100061

7/28/80 DAILEY, DENNIS M

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100099

10/6/80 LAZZARO, MARK A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100183

4/13/81 HUGHES, LOUIS M

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100194

5/18/81 BROCKHOFF, DAVID A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100259

3/22/82 DOYLE, MICHAEL V

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100260

3/22/82 HELT, BRUCE F

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100261

3/22/82 YOUNGE, JACE M

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100381

12/9/85 FALOON, DANIEL S

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100495

4/30/84 DEL PERCIO, FRANCIS A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100501

5/14/84 DUCKER, MICHAEL R

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100736

6/2/86 OTOOLE, DENIS P

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100775

12/9/85 MCMULLEN, TERRENCE P

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100780

12/9/85 DUFFY, JOHN M

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100783

12/9/85 WEBER, DONALD T

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100802

2/3/86 O'NEIL, BRIAN T

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100803

2/3/86 SCHAEFER, MARK J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100813

2/3/86 HANUS JR, PAUL MICHAEL

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100820

2/10/86 GLASER, JOSEPH L

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100823

2/11/86 SYNAN, NICHOLAS J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100824

2/11/86 WILKINSON, ROBERT W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100835

2/24/86 BROZOVICH JR, ANTHONY J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100839

2/24/86 LATINOVICH, MARIAN C

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100848

3/10/86 ISTIK, GEORGE J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100854

3/10/86 LUBAWY JR, FRANCIS A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100855

3/10/86 LONGACRE JR, JAMES S

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100856

3/11/86 CHAPMAN, DALE A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100865

3/31/86 HELFRICH, TIMOTHY D

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100876

4/21/86 SALOPEK, MICHAEL J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100886

5/5/86 LARKIN, KEVIN M

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100906

5/28/86 HLOVCHIEC, ROBERT J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 100936

8/11/86 HARRIS, CHARLES R

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101213

12/31/87 HOOD, RICHARD W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101274

7/6/88 RUDZKI, DAVID F

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101282

8/8/88 MANDARINO, CHARLES R

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101302

10/3/88 STUPKA, DONALD J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101415

5/15/89 DRENNING, RUSSELL D

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101499

9/28/89 MACEJOVSKY, MARK A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101512

10/10/89 HACKETT, MICHAEL S

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101516

10/10/89 EDWARDS, JOHN L

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101517

10/10/89 FAHERTY, THOMAS P

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101518

10/10/89 PALOCHICK, STEVEN J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101521

10/10/89 WISNIEWSKI, TIMOTHY R

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101549

12/18/89 BRADICA, NICHOLAS

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101692

8/13/90 WHITE, KEVIN W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101795

2/25/91 MALSEED, PATRICK J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101799

2/25/91 ODONNELL, RICHARD A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101816

2/25/91 SMITH, ROBERT D

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101819

2/25/91 BRATTINA, STEVEN J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 101824

2/25/91 YAGATICH, STEPHEN J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102065

8/10/92 DONATO, JOSEPH A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102067

8/10/92 HENDRICK, DANIEL M

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102088

8/10/92 YEAGER, DANIEL R

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102089

8/10/92 CRUMP, TERRY W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102336

1/24/94 HELT, DANIEL J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102342

3/14/94 FORD, ROSALYN O

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102345

3/14/94 REILLY, LAWRENCE F

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102415

8/22/94 MARTINEAU, ROBERT P

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102431

11/17/94 CORRADO, ANTHONY D

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102432

11/17/94 DEVLIN, ALBERT J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102433

11/17/94 FREISS, ROY W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102458

11/17/94 MCVAY, JOHN E

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102460

11/28/94 ZAJCH, KENNETH G

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102462

11/17/94 YANNOTTI III, JOSEPH

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102466

11/17/94 RITTKO, HOWARD W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102467

11/17/94 PUCCIARELLI, DEBORAH L

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102473

12/27/94 MURCHISON, RAMONA A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102479

12/27/94 ODONNELL, DANIEL T

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102480

12/27/94 HALEY, JOHN C

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102487

1/9/95 BRINKERHOFF, ANNA P

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102532

5/30/95 FARRELL, DEAN M

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102549

7/3/95 YEAGER, DWAYNE E

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102555

7/24/95 WRIGHT, VICTOR P

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102563

7/31/95 WALLACE, DONALD L

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102564

7/31/95 LITTLE, GEORGE W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102566

7/31/95 MARTIN, NORMAN D

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102570

7/10/95 BOOZEL, THOMAS A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102577

7/17/95 SPINOSI, RONALD J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102584

7/31/95 ONYSHKO, DAVID J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102585

7/31/95 PINCKNEY, JEFFREY L

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102588

8/7/95 PFEIFFER, BRIAN C

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102589

8/7/95 GINSER, VINCENT M

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102591

8/14/95 SMEDLEY, DEBORAH A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102612

8/14/95 ZIEGLER, KENNETH H

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102614

8/14/95 GOEHRING, PAUL J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102619

8/21/95 TRUSS, VINCENT H

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102621

9/11/95 CLARK, GREGORY A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102634

10/30/95 COLBERT, JOHN W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102641

10/10/95 OLLISON, DARWIN D

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102643

10/30/95 BURROUGHS, DARRELL L

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102668

12/26/95 PETRILLI, DAVID W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102670

12/26/95 FARABAUGH, JEFFREY J

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102805

10/28/96 BRYANT, NATALIE V

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102848

6/8/97 CLIFFORD, THOMAS

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102945

6/9/97 BEST, GEORGE

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102960

6/23/97 SHOLEK, MARK M.

300101 3333 RETIRED CORRECTIONAL OFFICER

30 103102

5/12/98 MARTIN, RICHARD T.

300101 3333 RETIRED CORRECTIONAL OFFICER

30 103122

5/12/98 CRAWLEY, LONNIE T

300101 3333 RETIRED CORRECTIONAL OFFICER

30 103127

8/1/99 REDDICK, PATRICIA ANN

300101 3333 RETIRED CORRECTIONAL OFFICER

30 103262

9/27/99 WORMSLEY, KENNETH S.

300101 3333 RETIRED CORRECTIONAL OFFICER

30 103264

9/27/99 SINKLER, CRAIG A

300101 3333 RETIRED CORRECTIONAL OFFICER

30 103657

6/25/00 FOY, JAMES S.

300101 3333 RETIRED CORRECTIONAL OFFICER

30 103901

9/24/01 GLAZAR, SEAN P.

300101 3333 RETIRED CORRECTIONAL OFFICER

30 104012

1/13/02 DEBOLD, CYNTHIA C

300101 3333 RETIRED CORRECTIONAL OFFICER

30 104410

7/30/01 BONENBERGER, MARGUERITE S 300101 3333 RETIRED CORRECTIONAL OFFICER

30 104496

10/6/75 OSTRY, WALTER

300101 3333 RETIRED CORRECTIONAL OFFICER

30 106500

10/19/77 SWEENEY, JAMES E

300101 3333 RETIRED CORRECTIONAL OFFICER

30 107927

3/10/86 SPANITZ, EDWARD S

300101 3333 RETIRED CORRECTIONAL OFFICER

30 107942

6/18/79 COREY, DANIEL W

300101 3333 RETIRED CORRECTIONAL OFFICER

30 141074

1/14/01 YEAGER, DANIEL W.

300101 3333 RETIRED CORRECTIONAL OFFICER

30 671917

8/6/06 DANIELS, EDITH L

300101 3333 RETIRED CORRECTIONAL OFFICER

30 1118807

4/27/08 GEHRING JR., DONALD R.

300101 3333 RETIRED CORRECTIONAL OFFICER

30 102434

11/17/94 HEFFLIN, HERMITA J

300101 1102 SERGEANT

30 102587

8/7/95 MOORE, ANDREA C

300101 1102 SERGEANT

30 103114

9/20/98 GANDZIARSKI, MICHAEL T.

300101 1102 SERGEANT

30 103976

1/13/02 SLABY, WILLIAM M.

300105 1102 SERGEANT

30 104148

6/15/03 MILLER SR, CHARLES K.

300101 1102 SERGEANT

30 104752

7/10/05 NORT, JOHN

300101 1102 SERGEANT

30 777633

2/5/06 COULTER, ANDREW J

300101 1102 SERGEANT

30 808013

8/6/06 GREENAWALT, HEATHER J.

300101 1102 SERGEANT

30 911675

3/29/09 RAIBLE, JOHN M.

300101 1102 SERGEANT

30 1118795

2/3/08 COSTELLO, KEVIN

300101 1102 SERGEANT

30 1152552

8/17/08 BYTNER, STEVEN R

300101 1102 SERGEANT

30 1386035

12/6/09 ANDRASCIK, JESSE J

300105 1102 SERGEANT

30 1386040

2/14/10 GILLESPIE, MICHAEL G.

300101 1102 SERGEANT

30 1386042

8/30/09 LEE, RICHARD M.

300101 1102 SERGEANT

30 1386047

9/27/09 JUSTICE, RANDY

300101 1102 SERGEANT

30 1508242

4/10/11 BROWN, MICHAEL R

300101 1102 SERGEANT

30 1508260

9/25/11 LARDIN, DWAYNE H

300101 1102 SERGEANT

30 1508262

4/10/11 MARKOVITZ, DAVID M

300105 1102 SERGEANT

30 1570893

3/9/14 KERNAN, TIFFANY M

300101 1102 SERGEANT

30 1643073

5/4/14 RADACI, CHRISTOPER

300101 1102 SERGEANT

30 1724549

7/27/14 GERBER, RICHARD O

300105 1102 SERGEANT

30 1724552

7/20/14 JUDGE, EUGENE M

300101 1102 SERGEANT

30 1825660

9/21/14 FALCONE, MARK A

300105 1102 SERGEANT

30 1825671

9/21/14 JUSTICE, JORDAN M

300105 1102 SERGEANT

30 1825686

9/21/14 KOZLOWSKI, JASON T

300101 1102 SERGEANT

30 2146362

4/19/15 TUCKER, ALYSSIA C

300101 1102 SERGEANT

30 2338233

9/17/17 SARVER, HUNTER T

300101 1102 SERGEANT

30 2473142

6/25/18 HALL, STEPHANIE R

300101 1102 SERGEANT

30 2552812

6/24/19 BALL, ASHLEY D

300101 1102 SERGEANT

30 2563129

8/19/19 HELSEL, SHANE A

300101 1102 SERGEANT

30 101906

12/20/04 RUSSELL, ANTHONY

300105 70130 SR IDENTIFICATION TECH 12 YEAR

30 919056

1/1/05 MCQUAIDE, DENNIS J.

300105 70130 SR IDENTIFICATION TECH 12 YEAR

30 919070

1/1/05 FAULDS, MICHAEL R.

300105 70130 SR IDENTIFICATION TECH 12 YEAR

30 2563207

8/19/19 SMITH, ROBYN G

304301 7777 STAFF EDUCATOR

30 2593520

2/18/20 AMANN, SCOTT J

300101 7777 STAFFING MANAGER

30 2554961

7/8/19 BOWLING, ALI L

304301 9999 STAFFING SPECIALIST

30 2318988

10/31/16 BANEY, DONNA E

304301 1801 SUBSTANCE ABUSE COUNSELOR

30 2492041

10/1/18 NORTHCOTT, JESSICA L

304301 1801 SUBSTANCE ABUSE COUNSELOR

30 2506611

12/17/18 SICH, NICOLE M

304301 1801 SUBSTANCE ABUSE COUNSELOR

30 2523857

4/1/19 WALLACE, MARA A

304301 1801 SUBSTANCE ABUSE COUNSELOR

30 2565976

9/3/19 MAUTHE, KARISA L

304301 1801 SUBSTANCE ABUSE COUNSELOR

30 2572545

9/30/19 MARSH, JOSEPH S

304301 1801 SUBSTANCE ABUSE COUNSELOR

30 2593395

2/3/20 PHILIPPONE, MONICA J

304301 1801 SUBSTANCE ABUSE COUNSELOR

30 2602961

3/30/20 NEUSCH, JORDAN D

304301 1801 SUBSTANCE ABUSE COUNSELOR

30 2215510

8/26/15 CULLETON, MARK W

304301 1805 SUBSTANCE ABUSE COUNSELOR - PT

30 2226710

10/19/15 SCIULLI, PATRICK

304301 9999 SUPPLY CLERK

30 1800056

8/13/12 VELEZ, LYDIA D

300101 7777 TREATMENT SERVICES COORDINATOR

30 100975

2/18/97 MISTICK, WILLIAM A

300101 7777 VIDEO ARRAIGNMENT COORDINATOR

30 1810492

10/15/12 HARPER, ORLANDO

300101 7777 WARDEN

30 2485764

9/4/18 KOVAL, KEVIN K

300101 70130 WAREHOUSE CLERK

30 808018

8/6/06 NICINI, NICHOLAS

300101

0 WORKER'S COMP

1-7

Filed 04/08/20

Page 2 of 2

CaCsCaeas2see:2220:1:-0c75v--c0mr-0c04-0901628-03C2-B5C-BCDRoDEcoucmDueomnceutnm4t9e87n8-t-911-8FFilielFeddile00d44/0/0476/02/2800/20PPaagPgeaeg11eoo1ff3o25f135

COUNTY OF

ALLEGHENY

TO: FROM:
DATE: RE:

Orlando L. Harper, Warden

Rich Fitzgerald County Executive

Administrative Team: Chief Deputy Wardens, Deputy Warden, and Majors Dr. Donald Stechschulte, Jr. Medical Director Lauren Bach, Infectious Disease Coordinator Robyn Smith, Healthcare Staffing Educator Assistant Director’s of Nursing

March 30, 2020

Continuing of Operations Plan: COVID-19 (Updated)

SITUATION
COVID-19, Coronavirus disease 2019 is a novel (new) coronavirus that was first identified in Wuhan, China. The virus is believed to be spread from person-to person through respiratory droplets that are transferred through close contact. Typically, close contact is defined as within 6 feet. Disease transfer is believed to occur when an individual who is infected coughs or sneezes and a well person inhales the respiratory droplets. It is believed that indirect contact may occur when a surface or object has the virus and a well individual touches their mouth, nose, or eyes.
No vaccine or specific treatment for COVID-19 is currently available. Care is supportive for symptom reduction, elimination, or management. Reported illnesses have ranged from mild to severe, including illness resulting in death. Individuals who have travelled to places where the virus is occurring, or areas that are defined as having community spread, are at the most risk for contracting COVID-19. Patients with COVID-19 experience a respiratory illness (ranging from mild to severe) and symptoms include: fever, cough, and shortness of breath.
The threat of disease spread can be dramatically reduced by ensuring that employees/volunteers who are ill seek treatment and stay home, employ the use of appropriate hand hygiene, reduce or eliminate hand shaking contact, cover coughs/sneezes with the use of tissues or redirection of coughs and sneezes into elbows or sleeves, and routinely cleaning surface areas and frequently touched objects. As influenza is still active, it is important for general hygiene practices to be maintained and for individuals who feel sick to seek guidance and treatment from their healthcare professionals.
Much is to be learned about this new virus and updates will continue to be provided by the Center for Disease control and communicated to Federal, State, and Local Departments for dissemination through the appropriate designees. The Allegheny County Jail will continue to collaborate and coordinate with other County departments, to include the Health Department, to reduce the impact of disease spread.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us
Exhibit A

CaCsCaeas2see:2220:1:-0c75v--c0mr-0c04-0901628-03C2-B5C-BCDRoDEcoucmDueomnceutnm4t9e87n8-t-911-8FFilielFeddile00d44/0/0476/02/2800/20PPaagPgeaeg22eoo2ff3o25f135
MISSION
The Allegheny County Jail will work to effectively reduce or mitigate the spread of illness throughout the facility. The Allegheny County Jail will ensure that all precautions are taken appropriately and that the health, safety, and security of all inmates, volunteers, and employees will remain the primary focus throughout planning and response periods.
This emergency preparedness plan will involve communication and collaboration with multiple county departments, to include, but not limited to: Allegheny County Health Department, Allegheny County Sheriff’s Department, Allegheny County Emergency Medicine Services, Alternative Housing Departments, Allegheny Health Network, and Allegheny County Courts.
Additionally, the Allegheny County Jail will ensure that all individuals who are placed into our custody are afforded every available service to involve medical treatment if necessary, dietary needs when applicable, safe and secure processing from arraignment to release or incarceration, in accordance with all applicable laws, and ACJ policies and procedures.
EXECUTION
Throughout the facility, signage has been posted to increase awareness and educate on appropriate hand washing/hand hygiene as well as the signs/symptoms of COVID-19. Signs will notify that coughs and sneezes should be redirected into elbow or sleeve, hands shall be washed frequently with soap and water for at least 20 seconds, avoid touching face when possible and to clean surfaces frequently.
Appropriately diluted cleaning agents will be deployed to all areas of the facility (solution will be made with bleach). To clean surface areas, the area shall be saturated with the cleaning agent and will remain on the surface for 5 minutes to air dry. Areas, such as phones, should be saturated with the cleaning agent and wiped to allow for cleaning of all areas, should be permitted to air dry.
Employees will be reminded that if they are sick, they should seek medical treatment and follow the recommendations of their provider.
Personal Protective Equipment (PPE) will be made available to inmates and staff, as deemed appropriate. Authorized PPE may include surgical/procedural masks, goggles, N95 masks, gowns, and protective disposable gloves.
Increased availability of fluids (i.e. water) shall be made available to housing units where individuals are symptomatic.
Inmates will be screened upon entry to the facility and heightened attention will be given to those on the intake housing units. Continuous contact and communication will occur with Jail Administration, Medical Director, and Allegheny County Health Department. All recommendations will be followed to prevent an outbreak within the facility.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

CaCsCaeas2see:2220:1:-0c75v--c0mr-0c04-0901628-03C2-B5C-BCDRoDEcoucmDueomnceutnm4t9e87n8-t-911-8FFilielFeddile00d44/0/0476/02/2800/20PPaagPgeaeg33eoo3ff3o25f135
As treatment, testing, or vaccinations become available, a coordinated plan will be developed and executed to reduce further spread of illness.
Changes in operations will be ongoing as more information becomes available and as the risk level of Allegheny County shall change (increase).
If any staff member, regardless of their department, is concerned about an inmate or other staff member having symptoms of respiratory illness, these should be immediately reportable to the ADON and/or Shift Commander. This will help ensure a more thorough surveillance of potential infection throughout the entire building. Our inmate population can be immediately seen by the healthcare department upon suspicion or presentation of symptoms. Reporting of another staff member to the Shift Commander and/or the ADON can help ensure potentially infectious staff members are sent home; appropriate cleaning procedures and contact tracing can also be conducted. These actions and heightened awareness and communication is vital to the health and safety of every individual who works or lives within the institutional walls.
EMPLOYEE SCREENING Effective, Saturday 3/28/20, all employees (county and contracted) will be required to participate in screening in the Employee Entrance Vestibule.
Screening Procedure Healthcare employees or a Contracted vendor will take the employee’s temperature (temporal, tympanic, and oral thermometers available) while observing any visible symptoms and inquiring about the individual’s recent travel, symptoms, and contact with others.
Questions asked: 1. Have you travelled outside of Pittsburgh within the past two (2) weeks? 2. Have you had any contact with anyone displaying symptoms of COVID-19? 3. Have you experienced any symptoms of COVID-19? (shortness of breath, cough, temperature, loss of smell, loss of taste)
If an employee has a temperature that is at or above 99.5 degrees Fahrenheit, they will be required to wait and have their temperature taken again in 3-5 minutes. The determination of 99.5 degrees is to account for 0.5 degree of variability with the thermometer as the Health Department currently recommends for precautions to be taken at 100.0 degrees Fahrenheit.
While waiting for the second temperature, the employee will be asked additional questions to include: 1. Have you noticed a temperature before we took yours today? 2. Have you been around anyone who has displayed symptoms of shortness of breath, coughing, loss of smell/taste, temperature within the last 14 days? 3. Have you had any known contact with anyone diagnosed with COVID-19? 4. Have you recently been around anybody known to be diagnosed with the flu or a different respiratory condition?
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

CaCsCaeas2see:2220:1:-0c75v--c0mr-0c04-0901628-03C2-B5C-BCDRoDEcoucmDueomnceutnm4t9e87n8-t-911-8FFilielFeddile00d44/0/0476/02/2800/20PPaagPgeaeg44eoo4ff3o25f135
If the second temperature reading is at or above 99.5 degrees Fahrenheit, the employee will not be permitted to work for that day. The employee will be advised to contact UPMC Work Partners to open a leave of absence and site an Administrative Leave due to their positive screen.
The COVID-19 Employee Screening form will be completed, in its entirety, and submitted to supervisory staff. The supervisor will make adjustments to the schedule to reflect this employee’s absence and will forward the form appropriately. This form will be submitted to Payroll to ensure that the documentation accounts for their date of missed work.
If the employee does not develop symptoms, they are permitted to return to work on their next scheduled day. If the employee does develop symptoms, they should make notification to HR/Administration and should be directed to reach out to their Healthcare Provider for testing. Testing can also be arranged through the Allegheny County Health Department.
NEW ARRESTS/ADMISSIONS TO ALLEGHENY COUNTY JAIL
Healthcare Screening: Intake At time of medical clearance, vitals will be taken of every incoming new arrest/detainee. All individuals will be screened with the following questions:
1. Does patient have fever? Yes or No 2. Does patient report any symptoms of upper or lower respiratory infection (cough, chest pain, shortness
of breath)? Yes or No 3. Does patient report recent travel to, or contact with a person who has traveled to, a known affected
area within the last 14 days? Yes or No 4. Does patient report contact with known laboratory confirmed case of COVID-19? Yes or No
Individuals who have a fever (based on vital signs) and answer yes to 2 or more of the proceeding questions shall be given a mask and placed in a single cell. Areas of travel will be documented within the progress notes and immediate notification to the Healthcare Manager on Duty. These individuals may be tested to determine if they have influenza. These individuals will be recognized as “additional precautions” and will also be prioritized for receiving screening to determine if there are any underlying medical conditions that may place them at a higher risk. Upon completion of all screens/assessments, healthcare staff shall wipe down all surface areas that the individual contacted (to include signature pad).
Healthcare professionals shall probe for more information when someone provides an affirmative response to the travel questionnaire. Additional questions shall be asked to assist in the identification of risk:
1. Was recent travel foreign or domestic? 2. Was there travel by airplane, vehicle, or train? 3. Were they in close contact (defined as within 6 feet) of someone who was demonstrating respiratory
symptoms? 4. Do they have a fever or atypical vital signs and how long have you had these symptoms? 5. Have they been around someone who was diagnosed with a respiratory infection, influenza, or any
other known illness that is NOT COVID-19? 6. Have they been around someone diagnosed with COVID-19 and where were they tested/diagnosed?
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

CaCsCaeas2see:2220:1:-0c75v--c0mr-0c04-0901628-03C2-B5C-BCDRoDEcoucmDueomnceutnm4t9e87n8-t-911-8FFilielFeddile00d44/0/0476/02/2800/20PPaagPgeaeg55eoo5ff3o25f135

The intake supervisor will be informed of the individual’s identity and the need for additional precautions at this time. The intake supervisor shall make notification to the ID department and Pre-trial services to ensure that the staff will exercise additional precautions.

The “at-risk” individual shall be placed in a holding cell alone or with other symptomatic individuals if space does not allow for single cell housing.

The Healthcare On-Site Manager (Assistant Director of Nursing or Healthcare Director) shall be notified when

there are individuals who could be presumptive cases or persons under investigation. The provider will

complete an assessment of the individual and the individual will be isolated in a holding cell. If clinical

symptoms indicate a necessity to pursue testing, the health department will be consulted to determine if testing

should be completed by calling

. The provider will review and complete the Human Infection

with 2019 Novel Coronavirus Person Under Investigation (PUI) and Case Report Form. The provider will obtain

the specimen as indicated by the PA Department of Health Coronavirus 2019 (COVID-19) Specimen Collection

and Shipping Guidance form while wearing all approved PPE. The specimen shall be placed in a biohazard

specimen bag and will be placed on ice until it is picked up for laboratory testing.

Individuals shall be encouraged to consume fluids and rest. Individuals who have medical conditions that may increase their risk of dehydration (i.e. detoxification) shall be provided with frequent offerings of beverages.

Intake holding cells have had soap dispensers added to allow for frequent hand washing of new arrests.

Housing in Intake Female Holding Cells: 1. 2. 3. 4.
*Special precautions shall be taken with females who are pregnant. These individuals shall be prioritized
through all screening processes to reduce/limit exposure. Male Holding Cells:
1.

2. 3. 4. 5. 6. 7. 8.

In order to mitigate risk and disease spread, healthcare and correctional staff will work to promptly process all individuals (per procedures) to reduce the requirement of shared spaces by large volumes of individuals.

Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

CaCsCaeas2see:2220:1:-0c75v--c0mr-0c04-0901628-03C2-B5C-BCDRoDEcoucmDueomnceutnm4t9e87n8-t-911-8FFilielFeddile00d44/0/0476/02/2800/20PPaagPgeaeg66eoo6ff3o25f135

CaCsCaeas2see:2220:1:-0c75v--c0mr-0c04-0901628-03C2-B5C-BCDRoDEcoucmDueomnceutnm4t9e87n8-t-911-8FFilielFeddile00d44/0/0476/02/2800/20PPaagPgeaeg77eoo7ff3o25f135
continue to be provided. The contracted dental provider will continue to follow all appropriate measures of infection control.
Clinic Services In order to reduce movement and communal settings for inmates from varying housing settings, the clinic will be closed except for necessary populations (e.g. pregnant females and radiology). Healthcare staff will be deployed to housing units to perform non-emergency healthcare requests, provider visits, or assist in other locations of the facility that have critical staffing needs.
Reducing Movement When possible, individuals will remain on their housing units to receive services. If individuals within Allegheny County were to be diagnosed with COVID-19, determinations would be made to reduce movement in the facility to emergent movement.
NON-ESSENTIAL SERVICES
With additional direction from community stakeholders, it has been determined that the most responsible decision to reduce the risk of community spread will be to temporarily suspend non-essential services in the facility and restrict the number of individuals entering/exiting the facility. Due to these recommendations, classes in the education department, Reentry, large gyms, and housing units shall be suspended.
Further action plans for respective departments of “non-essential” services are defined below.
Education Services/Inmate Programs In collaboration with the Allegheny Intermediate Unit (A.I.U.) leadership, contingency plans have been developed. A.I.U. Juvenile and Adult Education programs have developed education packets for weekly distribution to inmates to encourage ongoing learning and continued operations.
Education material for both Juvenile and Adult Education Programs will be stored in a Central Location will be designated for emergency only). Material will be in manila folders labeled
with each individual inmate’s name.
Distribution of educational materials will be done by the Inmate Programs Administrator, Correctional Officer, or designee. Distribution time will be determined based on the ACJ procedure of who would be permitted to enter the housing units.
Additional outreach is occurring with contracted service providers and volunteers (i.e. Batterer’s Intervention Program, Creative Writing, Veteran’s Pod, Father’s Support Group, and AA/NA) to develop course material on paper. The inmate participate would have to turn completed work at a designated time to receive credit.
Petey Greene mentors are also currently suspended from providing services within the facility. Religious Services Volunteers will be suspended until professional visits resume. Communal practice of religious services will be temporarily suspended. In collaboration with the Chaplaincy department, a reduced schedule will be developed
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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to allow for staff to provide religious support while reducing or mitigating the risk of any potential for disease spread. Materials necessary for religious observation will be provided to allow for the continued opportunity for inmates to privately observe their religious practices.

Chaplaincy Programs

and will continue to facilitate the following services:

answering inmate requests for devotionals and scriptures, providing weekly devotional resources to the housing

units, visiting inmates upon referrals, providing notice and support during death notifications or notifications of

serious illness of their loved ones, responding to emergent needs for spiritual counseling, supplying reading

glasses, and supplying leisure material (i.e. crossword puzzles, word searches, books).

HOPE/Pre-Release Program Volunteers (therapists, yoga instructors, Bible study leaders, etc.) will be suspended until professional visits resume. HOPE/Pre-Release permanent staff will also complete curriculum and resource development from remote/off-site locations to reduce introduction of disease on the housing unit.

Re-Entry Services Instructors, mentors, therapists, tutors, etc. will be suspended until professional visits resume. Contracted service providers (Parenting, Relationships, Thinking for Change, etc.) will develop and provide 1-2 week packets for distribution to the participating population.

Visitation Contact visits are suspended until further notice. Ongoing conversations will take place to establish next steps for contact visits that are currently under court order.

Beginning Monday, March 16, 2020 and for the following two weeks, all social visits (even non-contact) will be suspended until further notice.

Visiting (M) levels have had paper towel dispensers installed and will have appropriately diluted solution (bleach) available for ongoing cleaning to take place.

Attorney visits will continue, as indicated. Additional considerations will be made to determine the feasibility/sustainability of video conferencing for visits.

Commissary Services Staff employed by the Commissary vendor (TKC Holdings Inc.) shall ensure that they are briefed in their organizations COVID-19 Emergency Action Plan and all updates to their plan will be communicated to the Administration of the Allegheny County Jail.

Continued delivery of services will be permitted at the discretion of the Jail Administration. To observe recommendations for reduced contact and social distancing, contracted commissary employees will not count items with the inmate. Instead, the items will be packaged and provided in a bag to the inmate who will sign for receiving their order. Inmates who are unwilling to accept their order in this manner will not receive their items and will be credited for their order.

Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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COURTS/TRANSFERS/LEGAL SERVICES/RELEASES

Per order of President Judge Kimberly Clark, the Court of Common Pleas of Allegheny County, Fifth Judicial District, invoked an order consistent with the Supreme Court of Pennsylvania to outline emergency operations from March 17-April 14, 2020. The order outlines the operations of the courts throughout this time period and will be expressly supported and followed by the Allegheny County Jail.

Excluding emergent circumstances, all inmates will be screened prior to their transfer off-site with any transporting agency. A “COVID-19 Transfer/Release Screening Form” will be completed to include the Name, Inmate Number, Date of Birth, Date of Completion, Temperature reading 1, Temperature reading 2, Indication of Respiratory Symptoms, Indications for Precautions, and the name of the Healthcare professional that completes the screening. This form will be scanned into their Electronic Health Record and a copy will be provided to the transporting agency.

Receiving Transfers from Other Facilities (County, State, and Federal) Any information relevant to the population shall be coordinated with all points of contact at each facility. When transferring individuals from our facility to others, relevant screening information and health transfer sheets shall be sent to coordinate care.

Additional precautions shall be taken when receiving individuals from facilities where diagnoses have occurred.

Court Movement Court movement will continue to follow all appropriate procedures. When possible, video conferencing will be utilized to limit the movement of individuals. If an individual is currently on precautionary/quarantine status, Pretrial services and the Judge will be notified to make determinations regarding their case. Sheriff’s shall report any potential signs of illness during transports.

Video Arraignment Until further notice, video arraignment will continue to follow their previously determined schedule with cooperation from multiple jurisdictions. If there is stakeholder interest in expanding services to accommodate video conferencing, the hours of operation will be modified to support these initiatives.

The video complex currently has different video conferencing stations with chairs capable of serving inmates. The chairs will be moved to comply with social distancing recommendations by spacing chairs apart by several feet.

To support ongoing violation hearings, the hearing officer can video conference from the

and

the Probation Officers can be contacted via phone.

Should transfers to the courthouse discontinue, continued operations of video arraignment will be determined based on the indicated demand of services.

Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Transfers to Alternative Housing Sites (Renewal, Inc. and The Program for Offenders) Beginning 3/13/20, transfers to alternative housing sites will cease to assist in their management of the population and decrease the incidence of disease spread. Each Alternative Housing provider will activate their continuing of operations plans and will provide those plans to the Administration at the Allegheny County Jail.
Permanent Releases from the Facility Allegheny County Criminal Justice Representatives (Office of the Public Defender, Pre-Trial Services, District Attorney’s Office, etc.) shall continue to review the current incarcerated population to determine if any nonviolent offenders are eligible for release.
Discharge and Release processes will continue to be sustained throughout this time period and will be reducing the hours of operation to sustain services between 8:30am-5:00pm Sunday-Saturday. Services will continue to include offering Narcan, providing resources/referrals, facilitating phone calls, and providing bus tickets. All inmates who are prescribed medications will leave with the appropriate amount of medications and scripts (when applicable). During the additional evening hours, the Intake Supervisory staff will be prepared to provide vouchers for public transportation use.
The Cashier’s Office will also work with reduced hours. If individuals are released outside of hours, coordination will be made to ensure that they receive the money from their accounts in accordance with policy and procedure.
Transfers to the Hospital Any urgent or emergent medical needs that exceed the level of care that can be provided on-site will be referred to an appropriate off-site treatment provider. Excluding emergent trips, a transfer screening will be completed to accompany the inmate. The receiving provider will also be notified, prior to receiving the inmate, of any risk factors or persons under investigation to appropriately prepare for the new admission.
In emergent transports, when 911 is called, the dispatcher must be informed if the patient has symptoms of COVID-19. This notification will allow the responders to ensure the utilization of the appropriate PPE for the transport and will also make additional notification to the receiving hospital.
In collaboration with our institutional medical partner, Allegheny Health Network (AHN) has requested that procedures be limited to emergent or planned medically urgent at all of their AHN sites. AHN has requested a cancellation or postponement of elective and not medically urgent procedures.
AHN has defined elective and not medically urgent to include: screening endoscopy, elective arthroplasty, neurologically-intact spine surgery, outpatient arthroscopy, delayed breast reconstruction, ostomy reversals, aesthetic surgery, reducible hernias, elective SVT ablations US guided thyroid biopsies, joint injections/arthrograms.
AHN has defined planned medically urgent to include: cancer surgery, interventional cardiac catheterization, fractures, acute infections, cholecystitis, appendicitis, CABGs, tendon/nerve injuries, tracheostomies, other procedures that will facilitate patient disposition.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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AHN has defined emergent to include, but not limited to: open fractures, limb ischemia, intracranial hemorrhage, penetrating trauma, bowel perforation/ischemia, bleeding, neurologically-compromised spine surgery.
TREATMENT
Incarcerated individuals who can be managed on-site will be encouraged to rest and drink fluids. Individuals will remain locked in their cells and separated from the general population. Medicines will be provided, at the discretion of the healthcare providers, to address their symptoms (i.e. acetaminophen for fever reduction). Monitoring and treatment determinations will be made by the authorized healthcare providers.
If an individual is diagnosed with COVID-19, medication pass will be conducted at their cell door. Healthcare professionals and correctional staff should utilize precautions and wash hands after contact with individuals who are sick.
If the incarcerated individual’s illness and symptoms are too severe, warranting a higher level of care, transfer will be coordinated with one of the local hospitals for admission. At time of transport, the inmate shall be provided with a surgical/procedure mask and transporting staff will be provided with N95 masks. All healthcare and correctional staff shall utilize disposable gloves.
DIETARY
Staff employed by the Dietary vendor (TKC Holdings Inc.) shall ensure that they are briefed in their organizations COVID-19 Emergency Action Plan and all updates to their plan will be communicated to the Administration of the Allegheny County Jail. Dietary vendor will ensure that frequent cleaning occurs throughout the kitchen area and will avoid contact with food. All inmate workers will continue to utilize appropriate protective measures. Dietary vendor will ensure compliance to all indicated measures to promote food safety.
To reduce exposure from the inmate population to staff, Trinity Take Out (TTO) will be discontinued until further notice.
Inmates who are on precautionary or isolation status will be provided their food in a disposable container.
ENVIRONMENTAL CLEANING
Authorized cleaning agents will be deployed to Employee Lounge/ODR, Control Booth, Shift Commander’s Office, Education Department, Chaplaincy Department, Discharge and Release Center, and other areas that employees frequently occupy. Employees shall be responsible for ensuring that they maintain cleaning within their designated areas.
ENVIRONMENTAL CLEANING: VISTING LOBBY/FAMILY ACTIVITY CENTER
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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The following considerations are applicable for the duration of time that visits are still operational (social, professional, legal). When visits are discontinued in full, cleaning will continue with less frequency.
The Visiting lobby will continue to be cleaned by the assigned inmate work crew (i.e. Street Gang inmates) who have been trained in cleaning procedures. The following areas will receive additional attention:
The restrooms utilized by Visitors will be cleaned prior to visits being started, during count times, or other times as designated. The sinks will be wiped down with an authorized cleaning agent, all toilets will be flushed, all trash containers will be emptied, toilet paper will be re-supplied, and papertowels will be made available. Any soap dispensers will be filled.
The Family Activity Center area will be cleaned daily.
The door handles going to the elevators will be cleaned after all visits.
ENVIRONMENTAL CLEANING: VISITING/MEZZANINE/HOUSING LEVELS
Sanitization efforts will be routine and consistently occuring on each shift.
Hallway workers will wipe down the door handles of the various outside Pod access doors hourly or as directed by the assigned Correctional Officer using the provided cleaning agent.
Officer stations located on the Levels will have those items and equipment that is physically utilized by the assigned Officers wiped down as necessary using provided cleaning agent. The spray bottle containing the provided cleaning agent will be secured in the level supply closet when not in use.
Additional cleaning supplies will be provided to level 5 due to the operational tempo because of the use of the video conference center, and the increased level of anticipated use.
The daily routine of filling the hand cleansing dispensers will continue, with periodic follow up to ensure that the dispenser is filled for use by Visitors.
The visiting levels have had additional paper towel dispensers installed and will be outfitted with access to authorized cleaning agents. The Officer shall monitor the status of supplies and notify supervisory staff of any needs. Visitors shall be encouraged to utilize cleaning supplies for the visiting phones.
The M levels will be cleaned daily by sweeping and mopping by an assigned inmate cleaning detail supervised by assigned Correctional Officers. The door handles to the visiting booths will be cleaned as necessary.
ENVIRONMENTAL CLEANING: HOUSING UNITS
Cleaning supplies will be routinely deployed to the housing units for cleaning of all shared areas and cells. Regular environmental cleaning is encouraged to reduce the risk of respiratory illness transmission, as several
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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of these pathogens can live on surfaces for extended periods of time. EPA-approved disinfectants should kill enveloped viruses and have coverage for emerging viral pathogens.
The Correctional Officers assigned duties on the housing unit, or other designated areas, will ensure that inmates assigned cleaning duties will be responsible for the general housing areas, common areas, dayroom space, pod furniture, and other areas as designated. The inmates will be supervised while utilizing the authorized cleaning agents/chemicals. Sweeping, mopping, cleaning, wiping, and collection of trash/garbage shall be designated by the Correctional officer.
Sinks All sinks in the Housing Unit Pantry will be cleaned after every meal serving. Sinks will not contain standing water when not being used for cleaning items and sinks will not be left running. If necessary, a work order will be submitted to correct any plumbing issues. Particular attention shall be given to the faucet handles and other areas that are “high volume” in touch.
Showers All shower stalls will be cleaned utilizing all designated cleaning agents after every general use. The Shower cleaning detail will be used during all lock ins and count times (once the count is cleared) when the showers are not in general use.
Housing Unit Floors The pod floors will be swept and mopped after every meal and once the pod is locked in after recreation period. The pantry floor will be swept and mopped after every meal period. The sally port floor will also be swept and mopped routinely due to the nature of a high traffic area.
Housing Unit Furniture All pod furniture, to include tables and chairs, will be cleaned at a minimum of once a shift and after every meal period. All table tops will be cleaned using disinfectant after every meal period, and the pod chairs will be wiped down with disinfectant being utilized on the arm area of the chair, ensure that the surface areas of tables are dry before use.
Law Library/Commissary Kiosk(s) Kiosks, stools, and tables will be cleaned after every use with authorized cleaning supplies.
Inmate Phones Due to the proximity of phones to an inmate’s mouth and the higher risk of disease spread, additional attention shall be given to the inmate phones for calls and non-contact visits.
Trash Receptacles All trash receptacles will be emptied per policy or as necessary. For example, receptacles shall not be more than half full at all times. Trash receptacles will be covered, when applicable. Trash receptacles shall not include any biohazardous waste materials.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Biohazardous Waste Biohazardous waste will be collected in the appropriately indicated waste bags and bins. These areas will be monitored by healthcare staff and will be emptied routinely. When emptied, the bags will be appropriately secured in the Biohazard room. If needed, the contracted company will be contacted to schedule more frequent pick ups for removal of waste.
Stairs and Second Tiers The second level tiers will be swept and mopped every shift and the stairs will be cleaned by wiping giving special attention to the area immediately under the first 4 steps. The railings of the stairs and second level tiers will be disinfected during count times by the Pod workers.
Supply Closet The supply closet will be cleaned at least once per shift, with all cleaning equipment being returned to the closet for accountability purposes in accordance with current policy when equipment is not in use. All paper towels or other cleaning impliments will be stored and issued from the supply closet by the Pod Officer as needed for cleaning purposes. All cleaning chemicals/agents will be accounted for and stored in the closet per policy.
Inmate Cells All inmates will be held accountable for their assigned cell. Inmates will be required to conduct cell cleaning with special attention to the following areas:
Toilets All toilets will be clean and flushed, i.e. there should be no toilet paper, feces, or other items in the toilet bowl.
Cell Sinks Sinks will be clean and free of standing water. Pod Officers will submit a work order as soon as possible, after verifying, for sinks that are not operable.
Cell Floors Cell floors will be swept and mopped per institutional cell cleaning policy. There will be no blankets used as rugs (exception will be a prayer rug). All items will be neatly stored under the bunk in the inmate’s individual storage container (bin). Footwear will be placed neatly under the bunk. When the bed is not in use, the issued blankets will be folded and placed on the mattress.
Cell Walls Cell walls will be clean and free of pictures and clothes lines.
Cell Table/Stool Table surfaces will be clean and any items on the table will be placed in a neat and orderly fashion.
Trash Any trash in the cell will be located by the cell door and will be taken by the inmate to one of the trash receptacles on the pod when able.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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ENVIRONMENTAL CLEANING: GROUND LEVEL/INTAKE
Intake workers will be tasked with the continuous cleaning of all commonly touched areas in our Intake Department to include, but not limited to: phones, door handles, walls, and counter tops. When a cell is vacant, an inmate worker will clean the cell (wiping down walls, bunks, sinks, inside/outside of doors, and toilets). At not time should the same rag be utilized to clean all areas simultaneously. This work is also to include the continuous sweeping and mopping of floors. As an extra precaution, inmate workers will be provided with Kaivac machines on the weekends for thorough cleaning of cells when vacated.
In addition to the holding cells, Intake, Processing, Pre-Arraignment, Supply, Laundry, Tool Room, and Kitchen shall be frequently monitored and cleaned.
Supply Correctional Officers assigned to supply/tool room will be responsible for disinfecting all utilized tools and frequently touched surface areas with the approved cleaning agent. The Officer(s) assigned will be responsible for the direct supervision of inmates who will also be engaging in cleaning (sweeping, mopping, disinfecting).
Kitchen
The contracted dietary provider, inmate workers, and Correctional Officers will continue to follow all hygiene guidelines in accordance with policies and procedures as well as the Health Department for cleanliness and food preparation. All individuals who have contact with food will continue to wear the appropriate gloves/barriers/hairnets when handling food products and will frequently sanitize and clean their areas.
Inmate workers who are displaying symptoms of respiratory illness shall not be permitted to work and shall be evaluated by the healthcare department.
After 2000 hours, the final daily cleaning of the kitchen will be completed by remaining inmate kitchen workers. All surface areas will be cleaned with the authorized cleaning agent and all sinks/receptacles will be free of standing water.
Additional cleaning supplies will be deployed to accomplish these objectives and will be managed/controlled by the correctional officers and Intake supervisors.
ENVIRONMENTAL CLEANING: ELEVATORS
Every hour central control will direct the elevators to ground level for cleaning. Kitchen/Ground floor officers will utilize inmate workers to clean the elevators with the authorized cleaning agents to include the following considerations: ensuring all cars are free of debris, sanitizing hand rails, sanitizing the elevator control panel, and ensuring that the floor is sprayed with the cleaning agent.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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ENVIRONMENTAL CLEANING: EMPLOYEE ENTRANCE
Nightly, the 1M cleaning crew shall conduct a thorough cleaning of the employee entrance, to include the employee entrance elevator and stairwell. Due to this being a high volume/traffic area, the employee entrance Sergeant shall ensure thorough cleaning of this area to include the entrance desk, doors, railings, lockers, bins, and any other applicable surface area.
ENVIRONMENTAL CLEANING: RESTRAINTS
After the use of handcuffs, leg irons, waist chains, and/or restraint chairs, the tools will be thoroughly cleaned and sanitized with an authorized agent before they are utilized with another contact/inmate.
If therapeutic restraints are indicated, these must be sanitized before use with another contact/inmate.
Spit masks will be disposed after use.
INMATE PHONE CALLS
With support from Global Tel*Link (GTL), beginning Thursday, March 19 through April 14, 2020 every inmate who is eligible for phone calls (not currently on restrictions) will have access to 1 free minute phone call each day. No credit is given for unused phone calls. Each housing unit will have a sign posted to indicate the process for the phone calls
INMATE HYGIENE
All inmates will be required to meet personal hygiene needs daily. All inmates will be required to shower at a minimum of 3 times per week. Soap will be issued to all inmates by the assigned Correctional Officer for frequent hand washing in cells. Correctional Officers will notify their respective Unit Managers of any issues at is relates to potential hygiene issues with any inmates assigned to their housing unit.
INMATE RECREATION
To comply with recommendations to reduce groups larger than 10, considerations will be made for intake housing units to reduce the interaction between individuals who may require additional screening.
POPULATION MANAGEMENT
With a reduced population, considerations will be made for the most appropriate management of the population. If housing units are temporarily closed, these units may be designated as units to house “sick” individuals in the future to ensure mitigation of disease spread.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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SUPPLIES
Every housing unit shall be appropriately supplied with bars of soap to increase hand washing and hand hygiene. Every housing unit will be provided with access to the authorized cleaning agent for environmental cleaning on all shifts as detailed in previous sections of this plan.
Ongoing assessments will be made to ensure that there is available PPE.
Each housing unit should report if the hand sanitizer station is emptied. High volume areas (i.e. outside of elevators, entrances) shall be routinely assessed to determine if hand sanitizer stations need refilled.
Rationing of necessary supplies will be evaluated on an ongoing basis to ensure that all inmates are provided with supplies related to basic hygiene needs.
NOTIFICATION TO HEALTH DEPARTMENT
If the Allegheny County Jail has a suspected case, the healthcare manager on duty will notify the Medical Director. The Medical Director will make notification to the Chief Deputy Warden of Healthcare Services. The PA Department of Health will be contacted (1-877-PA-HEALTH) and local contacts will be made for Department of Health employees via their notification protocols and procedures.
Additional notifications will be made through appropriate utilization of the chain of command.
SPECIMEN TESTING
The established COVID-19 Testing Work Flow shall be utilized. All recommendations for specimen testing, via the PA Department of Health (DOH) and Bureau of Laboratories (BOL) shall be followed for collection and shipping guidelines. Testing will only be conducted with the explicit permission and coordination with the Allegheny County Health Department.
Healthcare personnel collecting samples from potentially infectious patients should follow standard precautions and all pertinent biosafety guidelines.
When positive screens are received for patients, recommended contact studies will be completed to determine if there are any other individuals who should have precautionary and isolation measures completed to mitigate further disease spread.
Positive inmate screens will be reported to Tom Greishaw with the PA Department of Corrections, excluding any identifiers, to provide incidence rates for each County Correctional Institution.
EMPLOYEE ILLNESS/STAFFING LEVELS
Employees who are ill should seek treatment and follow the recommendations of their healthcare provider.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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As a correctional agency, safe and secure operations will remain the primary focus. Because compromised staffing could be a threat to secure operations, staffing levels will be monitored continuously.
Staffing levels and assignments of staff will be assessed, each shift, daily. Staffing levels will determine operational tempo.
Administrative staff will brief all necessary individuals daily to include the status of operations. Shift Commanders and Healthcare Managers (Assistant Director’s of Nursing) will review the following shifts schedules and prepare for any necessary changes.
Non-Essential Employees The following departments will be evaluated to determine if there is an opportunity for fewer employees to report to the facility and conduct their work from home via remote access:
Casework Alternative Housing Reentry Services HOPE/Chaplaincy Diversion Administrative Services Education/Inmate Programs
Employee Quarantine If, at the explicit direction of a qualified healthcare provider, an employee is under isolation or quarantine procedures because of potential exposure to COVID-19, the employee will send notification to Jail Administration. They will provide any relevant information necessary for follow up. The Allegheny County Health Department will be contacted by Jail Administrative staff to confirm and identify any additional steps (to include a possible review of recent work assignment and contact).
To support employees during this pandemic period, Allegheny County is encouraging employees who are sick to stay home instead of reporting to work. The county has issued a temporary 14-day quarantine/incubation paid leave policy and requires the following actions to be taken to ensure the employee is eligible without utilization of their earned benefit time.
Employees eligible for this leave of absence must qualify with one of the following criteria: 1. The employee has tested positive for COVID-19; 2. The employee has been directed by a health care provider to self-quarantine because s/he is awaiting test results; or
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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3. The employee has underlying health concerns that may be impacted by the virus, and is being advised by his/her health care provider to self-quarantine
Employees must follow their call off procedures and also contact UPMC WorkPartners to open a leave of absence under the county’s temporary 14-day policy. Employees will be required to provide documentation to UPMC WorkPartners to certify their leave.
The temporary 14-day policy does not cover situations in which employees need to stay home to care for family members who are “at risk,” have chosen to self- quarantine and were not directed by a medical provider, or for any other reason other than those listed above.
The supervisor that is receiving the call off notification will gather the following information: 1. Are you electing to quarantine because you… a. Tested positive for COVID-19 b. Were medically directed to c. Have a pre-existing condition and were medically directed to 2. What is the first date of your quarantine? 3. Can you provide a telephone number for an administrative staff person can contact you for follow up?
If the employee is quarantined for testing positive or awaiting test results, supervisory staff will need to confirm all work assignments for the previous 6 shifts. Priority screening will happen with all individuals who may have been in contact with the employee during their work assignments.
Employees: Positive COVID-19 testing
Reporting Pennsylvania Emergency Management Agency (PEMA) is requesting that all First-Responder Agencies make notification regarding any employees that test positive for COVID-19. Names, specific medical information, and details should not be included. All reports shall be sent to Michael Spurr, Homeland Security/Law Enforcement Coordinator, via email Michael.Spurr@AlleghenyCounty.US with Allegheny County Emergency Services.
Contact Studies When an employee has been confirmed, the Allegheny County Health Department will assist in providing direction based on the date of symptom presentation, the date the employee last worked, the capacity in which the employee worked, and the date that the employee was screened/tested positive. When the objective data has been gathered, the Allegheny County Health Department will provide direction for the designated dates that should be reviewed, utilizing CCTV footage, to establish employees that should be placed under isolation or quarantine procedures from these contact study reviews.
Healthcare Staffing It is imperative that healthcare operations continue to ensure the safe maintenance of the inmate population. In the event that staffing levels no longer permit for the continued operations of healthcare staff, the following plan of action will be implemented.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

CaCsCaeas2see:2220:1:-0c75v--c0mr-0c04-0901628-03C2-B5C-BCDRoDEcoucmDueomnceutnm4t9e87n8-t-911-8FFilielFeddile00d44/0/0476/02/2800/20PPaagPgeaeg22e002oo0ff3o25f135 Reduction of Services Substance Use Counselors will discontinue group services on Level 4 and 5E. Staff will be redeployed to areas such as: non-emergency healthcare requests, mental health screening in intake, mental health units, case coordination/collaboration with community service providers such as JRS or CTT for discharge planning into the community. Clinic staff will be redeployed to other areas of need (such as intake, 5B, or float positions). Mental Health Specialists will provide support on segregated housing units, mental health units, intake, and non-emergency healthcare requests. Nurses will ensure that medication passes are completed. Specialized nurses (i.e. detoxification nurse coordinator and staffing educator) will be tasked to fulfill other nursing functions to support the ongoing operations of necessary functions within the facility. Healthcare managers, when applicable, will fulfill any necessary line staff roles to redeploy nurses to areas within the facility that indicate the highest need.
*Further pandemic staffing plans will be explicitly developed for each shift. Until further notice, staffing complications shall be immediately reported to the Duty Officer and Healthcare Duty Officer respectively.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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COMMAND

Allegheny County Jail Command Center – Warden’s Conference Room

Facility Commander – Warden Orlando Harper

Operation managers – Chief Deputy Warden David Zetwo Williams

and Chief Deputy Warden Laura

Prison Managers: - Deputy Warden Jason Beasom

Matthew Kohler

and Major Jack Vanchieri

Major Adam Smith

Major

Medical Director – Dr. Donald Stechschulte, Jr.

Shift Commander -as determined by shift assignment,

Allegheny County Health Department

Jennifer Fiddner

, Dr. Kristen Mertz

, Ronald Sugar

Tom

Mangan

Allegheny County Sheriff’s Department (ACSD)

Sheriff Liaisons – Lt. Tom Carter, (MCB – Jail Liaison)

(Allegheny County Command Post) and Sgt. Tom Ninehouser,

Allegheny County Emergency Medical Services

Chief Matthew Brown Morse

, Assistant Chief Mark Pinchalk

, EMS Coordinator Keith

Poison Control Center

Director, Amanda Korenoski

cc: County Manager William McKain Deputy County Managers Stephen Pilarski and Barbara Parees
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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ALLEGHENY COUNTY BUREAU OF CORRECTIONS

APPLICABILITY: All Authorized Personnel

POLICY NUMBER: #317

DATE: 10/22/15 REVIEWED: 9/20/18

TITLE: HOUSEKEEPING AND HYGIENE

ACA Standards- 1A-04

TITLE 37-95.226(5), 95.231(1,2,5), 94.248(2)

AUTHORIZED BY: ORLANDO L. HARPER

SIGNATURE:

POLICY
It is the policy of the Allegheny County Jail to establish a sanitation and housekeeping plan. All inmates are required to maintain proper hygiene standards set forth in this policy.
PURPOSE
To provide a daily housekeeping plan by assigning responsibilities to inmates to maintain the prison living areas and general spaces in a sanitary condition.

PREFACE
It must be emphasized that HAND WASHING is the single most important method of preventing the spread of infections. It is imperative that all personnel wash their hands as often as possible, employing friction to all surfaces for not less than fifteen seconds each time.

SECTIONS
This policy will be segregated into two sections. Section one will outline general jail measures and section two will delineate cleaning for medical and special areas.

PROCEDURES
SECTION 1: GENERAL GUIDELINES By order of the Warden; Shift Commanders, Unit Managers and Pod Officers are entrusted to implement the following:
1. All parts of the jail used by prisoners shall be properly maintained and kept clean at all times. Jail personnel are to be continually vigilant for identifying

Page 1 of 8
Exhibit B

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maintenance issues and unsanitary conditions and ensuring these conditions are promptly addressed for the health and safety of all concerned.
2. Upon admission to the institution, inmates will be provided with two (2) sets of uniforms and clean underwear.
3. Regular laundering of uniforms, underwear, and bed linens shall be done according posted laundry schedules. (See Policy #85 Laundry Procedures)
4. Inmates are expected to keep their cells clean and orderly. Cleaning supplies will be made available during mandatory shower and cell cleaning days.
5. Showers are available seven (7) days a week. Inmates are encouraged to use them on a daily basis. At a minimum, inmates in general population will bathe three (3) times a week Monday, Wednesday and Friday during mandatory shower and cleaning time. Disciplinary Custody inmates shall shower at least three (3) times a week based on the posted shower schedule.
6. Inmates may purchase basic hygiene supplies such as soap, shampoo, toothbrush, toothpaste and deodorant from commissary. Pod officers will maintain a supply of soap for inmates considered indigent. Indigent inmates are eligible for monthly hygiene kits that will include soap, deodorant, toothpaste and toothbrush by writing the supply sergeant. (See Policy #310)
7. Female inmates will be provided articles for feminine hygiene products when needed.
8. All exposed flooring is to be stripped and fully cleaned and waxed once per month. This includes jail physical plant, inmate pods and the jail infirmary.
9. Carpeted areas are to be vacuumed once and shampooed as needed. This includes jail physical plant, inmate pods and the jail infirmary.
10. Inmate living areas (cells) are to have all surfaces cleaned (wiped or mopped) with an infection control, approved hospital grade disinfectant between each occupation. Visible soil must be removed during the disinfection process.
11. All waste shall be disposed of in proper containers. All garbage containers must be cleaned and disinfected at least once a week.
12. Toilet areas are to be flushed clean. Commodes shall be cleaned using a suitable disinfectant/cleansing agent with cleaning equipment used for no other areas. (Toilet cleaning brushes are to be used on toilets only).
13. Toilet talking between inmates is forbidden and must be enforced.
14. Sink and drinking fountain areas are to be cleaned with an appropriate disinfectant, removing all visible residues and using cleaning equipment used for no other purpose.
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15. Areas where food is stored and consumed must be sanitized on a continuous basis.
16. All balls and recreation equipment should be cleaned with appropriate germicidal solution on a regular basis but no less than daily.
17. All cleaning equipment, mops, sponges, brushes and any items used shall be maintained and stored in a manner that will not support growth and spread of pathogenic organisms. All equipment shall be clean and dry between uses and discarded as appropriate.
18. Environmental rounds to assess compliance with policies and standards shall be conducted on a routine basis.
19. Inmate workers and inmates themselves have a responsibility to keep living areas clean. Jail personnel are to see that they do.
SANITATION AND HOUSEKEEPING PLAN Inmates are required to maintain their immediate living area and adjacent general space in a sanitary condition. Correctional Officers are authorized to assign up to six (6) inmate workers on his/her pod. The Correctional Officer has the discretion to hire an inmate as a worker. All workers are expected to maintain good habits of grooming. Workers assigned to Medical, Mental Health, Classification and Disciplinary Housing Units will be hired through Classification. It is the duty of the Pod Officer to ensure inmate workers complete their assigned duties. The following is a list of duties for all Pod Workers to be completed daily:
1. Pantry Worker 1. Serve All Meals 2. Clean and Sanitize Pantry Counter after Meals 3. Sweep and Mop Pantry Floor 4. Empty Pantry Garbage 5. Distribute Diabetic Bags 6. Sweep and Mop Sally Port
2. C/O Area Worker 1. Sweep and Mop Gym 2. Sweep and Mop C/O Area 3. Empty C/O Trash 4. Sweep and Mop C/O Bathroom 5. Clean and Disinfect Sink and Toilet 6. Clean Mirror and Stainless Steel 7. Sweep and Mop Interview Room
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3. Dayroom Worker 1. Wipe Tables After Meals 2. Sweep and Mop Dining Area (Vacuum if Applicable) 3. Clean all Pod Windows 4. Clean Dayroom Chairs 5. Clean and Sanitize Pod Phones 6. Sweep the Stairs
4. Counter Worker 1. Work Outside Pantry Area 2. Serve all Drinks 3. Empty all Garbage Cans 4. Sweep and Mop Counter Area 5. Sweep and Mop Gym
5. Lower Level Worker 1. Clean and Sanitize Lower Level Showers 2. Sweep and Mop Lower Level 3. Set-Out Cleaning Supplies 4. Clean and Organize Janitor Closet 5. Stack Chairs after All Meals 6. Clean All Vents on the Lower Level
6. Upper Level Worker 1. Clean Empty Cells as Needed 2. Sweep and Mop Upper Level 3. Clean and Maintain Visiting Areas 4. Clean Upper Level Showers 5. Stack Chairs After All Meals 6. Clean All Vents on the Upper Level
SECTION 2: MEDICAL AREAS
Medical areas shall include, but are not limited to, any area staffed by medical persons, clinic areas, inmate holding cells, nursing staff areas, and hallways in the general medical area.
The following cleaning tasks are to take place in the medical areas:
1. All linoleum floors need to be stripped, fully cleaned and waxed. Particular attention needs to be paid to corners and edges. The floor in storage room in the small hallway off the main clinic hall also needs particular attention.
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2. All windows and sills need to be cleaned. All trim around doors, door surfaces and knobs need to be cleaned.
3. Tile floors in the bathrooms and other areas need to be scrubbed with a brush. 4. All toilets, sinks, etc. need to be thoroughly scrubbed.
Guidelines for Routine/Ongoing Cleaning of Medical Areas
1. General instruction: A germicidal detergent solution shall be used to clean surfaces following product label for use and dilution.
2. Wet mopping: All medical areas shall be wet mopped at least two times per 24hour day. This shall occur on the following schedule, not to interfere with scheduled medical clinics: a) Before 0800 hour each morning. b) Between 1700 and 1900 hours each afternoon. c) Additional wet mop cleaning shall be done as indicated by special circumstances requiring clean up. d) Mops and mop heads should be laundered in hot water and dried with high heat no less than weekly.
3. Strip/wax: All medical area floors shall be stripped and re-waxed at least one time each month, during non-clinic hours.
4. Trash: Cleaning of areas shall include removal of trash. Biohazard trash shall be appropriately disposed of in biohazard boxes.
5. Carpets: Carpeted areas shall be vacuumed as needed, at a minimum of once a week. All carpets shall be periodically steam cleaned.
6. Medical Clinics: Medical staff shall be responsible for cleaning of medical clinic counters and countertops.
7. General cleaning: Cleaning shall include, but is not limited to: a) Scrubbing of sinks, b) Scrubbing of toilets, c) Filling toilet tissue holders, d) Filling paper towel receptacles, e) Filling of soap dispensers, f) Restroom counter tops,
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g) Wet wiping windowsills (and any other dust prone surface) h) Clean mirrors, i) Medical clinic examination tables shall be cleaned with disinfectant at least
every twenty-four (24) hours and more often if visible soil is present.
Equipment Maintenance Cleaning equipment, mops sponges, brushes and any item used shall be maintained and stored in a manner that will not support growth and spread of pathogenic organisms. This means that equipment shall be clean and dry between uses and discarded as appropriate. Any equipment giving off a foul odor shall be discarded or sent to the laundry if appropriate. Equipment used for sink cleaning shall NOT be used for any other purpose. Equipment used for drinking fountain cleaning shall not be used for any other purpose.
Cleaning directions for specialized areas/situations
Holding Cells/Close Observation Cells x All surfaces shall be cleaned (wiped or mopped) with an infection control approved hospital grade disinfectant (1) between each occupation. Visible soil must be removed during this process. x All waste shall be disposed of in proper containers. x Toilet/elimination areas are to be flushed clean. Commodes shall be cleaned using a suitable disinfectant/cleaning agent and cleaning equipment will be used for no other areas. (Toilet cleaning brushes to be used on toilets only). x Sink and drinking fountain areas are to be cleaned with an appropriate disinfectant, removing all visible residues, and using cleaning equipment used for no other purpose. x In the event that any of the above areas are occupied on a continuous basis for a period of 24 hours or more, the area shall be observed for unsanitary conditions and cleaned as appropriate to maintain the health and safety of inmates occupying the room. x All cleaning equipment shall be maintained and stored in a manner that will not support growth and spread of pathogenic organisms. Equipment shall be replaced as appropriate. Mop heads should be discarded and replaced on a monthly basis, as needed. x Environmental rounds to assess compliance with policies and standards shall be conducted on a routine basis.
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Infirmary Housing Area
x Inmate/patients who are physically able shall maintain a clean and safe environment in their cell/room area.
x There shall be no uneaten foods (saved food items from meal trays) kept in any Infirmary cells.
x Trash should be removed from the room at the conclusion of each shift. Inmate/patient shall collect trash and have ready for removal.
x Inmate/patient who are too ill or physically unable to manage their cell/room environment shall be assisted in the above by officers or inmate workers as needed. Inmate/patients will cooperate in this measure.
x Medical cell/rooms shall be wet mopped twice daily. No accumulation of soil shall be permitted. Mops and mop heads should be laundered in hot water and dried with high heat no less than weekly.
x Environmental surfaces shall be wet wiped as needed to prevent any accumulation of dust and debris.
x Sinks and commodes shall be scrubbed daily. x Showers shall be sprayed with a disinfectant after each use and thoroughly
scrubbed/cleaned daily. x The Level 5 Unit Manager shall be responsible for compliance.
Guidelines for Cleaning an Area after an Inmate is Released Infirmary and Mental Health Units
1. All infirmary bedrooms and Mental Health Unit (MHU) bed areas shall be thoroughly cleaned as soon as possible following release of the inmate/patient from the room.
2. No room shall be placed back into service until the cleaning is completed.
3. All trash shall be removed from the room and disposed of in the appropriate container based on type of trash.
4. All environmental surfaces shall be cleaned with a bactericidal disinfectant (1).
a) Commodes shall be flushed clear and scrubbed with equipment that shall be used for no other areas than commode cleaning.
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b) Sinks shall be cleaned of all visible soil, and then scrubbed and wiped with a bactericidal disinfectant agent. The cleaning equipment used for this purpose shall not be used for any other purpose.
c) Furnishings such as bed frames, mattresses, bed side tables, stands and any other items in the room shall be scrubbed clean of any soil and then the entire surface shall be wiped with a bactericidal agent.
d) Walls shall be inspected for visible soil and cleaned of such using an approved disinfecting solution.
e) Floors shall be first cleaned of any debris followed by wet mopping with a clean mop using a bactericidal disinfectant.
f) No room shall be placed into service until the above cleaning is competed. g) All cleaning equipment shall be maintained and stored in a manner that will
not support growth and spread of pathogenic organisms. Mops should be dried between uses. Mops and mop heads should be laundered in hot water and dried with high heat no less than weekly. 5. Equipment shall be replaced as appropriate. 6. The pod offer is to ensure workers clean cells incompliance with this policy. 7. The Unit Manger will make routine inspections to ensure compliance with this policy.
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ALLEGHENY COUNTY BUREAU OF CORRECTIONS

APPLICABILITY: All Authorized Personnel

POLICY NUMBER: #429

EFFECTIVE: 3/1/15 REVISED: 7/25/17

TITLE: Inmate Worker Guidelines

ACA 4-ALDF-5C-06, 5C-07, 5C-08, 5C-10, 5C-11, 5C-12,

7F-03

Title 37: 95.235(1),95.235 (2), 95.235 (3), 95.235(4),

95.235(5)

AUTHORIZED BY: ORLANDO L. HARPER

SIGNATURE:

POLICY
It is the policy of the Allegheny County Bureau of Corrections to permit deserving, eligible inmates the ability to perform work related activities within the institution when available. Inmate working conditions will comply with all applicable federal, state, and local work safety laws and regulations. The work day will be in approximate to a work day in the community. Inmate performance will be regularly evaluated and recorded and inmates will receive written recognition of competencies they acquire. In addition, there will be no discrimination of an inmate based on his or her race, religion, national origin, gender or disability in regards to their access to being assigned a work detail.
It is against ACBOC policy for any correctional personnel to use their official position to secure privileges for themselves or others in association with the Bureau’s inmate worker details.
APPLICABLE POPULATIONS
This policy applies to all inmates seeking a work assignment and to correctional personnel responsible for determining an inmate’s eligibility to work.
x Prisoners awaiting trial and not sentenced to the jail shall not be required to work, except to keep their immediate areas in their assigned living quarters clean. However, a volunteer work program for non-sentenced inmates should be developed. Non-sentenced and pre-trial prisoners can voluntarily request consideration for an inmate work assignment by following the normal channels for such a request.

Exhibit C

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x Prisoners sentenced to the jail shall be assigned work when it is available.
PROCEDURAL GUIDELINES
The Classification Supervisor oversees the components for this policy. Any deviations from this policy must be authorized by the Warden or his/her designee.
1. Classification will maintain a continuous roster of prospective inmate workers. 2. Classification will acknowledge only those prospective inmates that utilize the
Work Request Application submitted to the Classification Supervisor. Inmates are able to volunteer for work assignments. 3. Classification is responsible for maintaining worker levels on pods 1-A and 4-C. Maximum capacity of 110 inmates should be maintained on 1-A and 4-C at all times, to the extent possible. 4. Both sentenced and, with some exceptions, non-sentenced inmates are eligible for work assignments and can express their interest by submitting an application to the Classification Supervisor. Sentenced inmates are not required to work. The criterion for each work detail is described in the “Work Assignment Details and Qualifications” section of the policy. 5. The Classification Supervisor is responsible for the hiring and replacement of Warden’s Level Workers for the administrative area. 6. The Classification Supervisor is the final authority in determining an inmate’s work eligibility. 7. Inmates assigned a work detail shall be supervised by a person designated by the Warden or his/her designee. All workers are subject to searches as prescribed by procedure. 8. Inmates will be provided with appropriate clothing, supplies and tools for any work detail to which they are assigned. Inmates will receive supervision and direction on the proper use of any equipment or tools to be used by the inmate during any work assignment. 9. The following are the workers housing locations:
i. Kitchen workers must be housed on 1A ii. Laundry workers and Street Gang must be housed on 4C All other workers may remain on their assigned housing pod and are not required to be housed on housing units 1A or 4C.
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WORK ASSIGNMENT DETAILS AND QUALIFICATIONS
The following are the available work details and criteria/qualifications for inmate work assignments. Please note that inmate workers are approved by the Classification Supervisor:
A. Kitchen and Lounge Workers (applies to males and females)
x Must be a County inmate with a classification level of minimum or medium security (no State, Federal, or maximum security level inmates)
x If formerly on DHU status, must be off of that status for thirty (30) days x Must be misconduct-free for at least thirty (30) days before being eligible
for work x Escape charges/convictions will be reviewed on a case-by-case basis x Medical clearance is required x Hiring Process:
i. The vendor is responsible for monitoring inmate worker levels utilizing the following scale: x 7 X 3 SHIFT: Kitchen Workers – 40 / Employee Lounge – 8 x 3 x 11 SHIFT: Kitchen Workers – 40 / Employee Lounge – 6
ii. In the event inmate worker levels are deficient, the vendor is to contact the Shift Commander to rectify the deficiency.
iii. The vendor may relieve any inmate worker from their assigned job and direct the inmate to return to his/her housing unit. The vendor must notify correctional personnel and send an incident report to the classification supervisor (either by placing in his or her mailbox or emailing the report). Inmate workers may only be terminated by correctional personnel.
iv. The vendor must ensure all inmate workers for the designated areas defined in this directive are medically cleared for duty.
B. Warden Worker (females only)
x Must be housed on 4E x Must be a County inmate with a classification level of minimum or
medium security (no State, Federal, or maximum security level inmates) x If formerly on DHU status, must be off of that status for thirty (30) days x Must be sentenced with no open bonds
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x Must be misconduct-free for at least thirty (30) days before being eligible for work
x Escape charges/convictions will be reviewed on a case-by-case basis x Medical clearance is required
C. Street Gang
x Must be hired from pod 4C x Must be a County inmate with a classification level of minimum or
medium security. x No current open charges x Family division bonds must be $2,000.00 or less x No founded misconducts on current jail commitment x No escape charges or convictions; includes alternative housing “walk-
aways” x Medical clearance is required x In addition to normal work duties, inmates assigned to the Street Gang
may participate in community service work when available.
D. Laundry
x Must be hired from pod 4C x Must be a County inmate with a classification level of minimum or
medium security (no State, Federal, or maximum security level inmates) x If formerly on DHU status, must be off of that status for thirty (30) days x Must be misconduct-free for at least thirty (30) days before being eligible
for work x Medical clearance is required
E. Intake Workers
x Must be a County inmate with a classification level of minimum or medium security (no State, Federal, or maximum security level inmates)
x If formerly on DHU status, must be off of that status for thirty (30) days x Must be misconduct-free for at least thirty (30) days before being eligible
for work x Medical clearance is required
F. DHU, Classroom, IM, 5B and Clinic
x Must be a County inmate with a classification level of minimum or medium security (no State, Federal, or maximum security level inmates)
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x No criminal bonds, family division bonds of $1,000.00 or less x Escape charges/convictions will be reviewed on a case-by-case basis x Must be misconduct-free for at least thirty (30) days before being eligible
for work
G. Hallway Workers
x Selected by Unit Managers and it is the responsibility of each Unit Manager to notify Classification as to the Names and DOC numbers of hallway workers on their respective unit. Likewise, Unit Managers must notify Classification when an inmate worker is fired, quits, transfers to another unit or becomes hospitalized.
H. Pod Workers
x Selected by Correctional Officers assigned to the Pod x Must be a County inmate
Work Eligibility for Newly State Sentenced Inmates
Inmates that have been working three (3) months or more and receive a state sentence of 3 years or less may remain on their work assignment, except Street Gang, until they are released to a state facility.
Disciplinary Sanctions for Inmate Workers
Inmate workers that receive a total of three (3) informal sanctions or one (1) misconduct during their work assignment or while on their assigned pod will be suspended from work until the outcome of their misconduct hearing. At that time, the Classification Supervisor and or Segregation Supervisor will review the validity of the infraction to determine eligibility to resume work assignment and/or whether their behavior warrants transfer to another housing unit.
COMPENSATION
Inmates participating in work programs (other than personal housekeeping and housing are a cleaning) will be compensated in the following manner:
x Meals: Inmate workers will be compensated for their work by receiving a second
meal tray at meal times. x Visits: Eligible workers, inmates who have worked in the above named jobs for at
least thirty days and have been proficient in their job duties, and inmates who
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INMATE WORKER STAFFING LEVELS
Jail Administration is the final authority in determining the level of inmate labor within the institution.
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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF TERRY SUGGS TERRY SUGGS, currently incarcerated at Allegheny County Jail, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a 35-year-old man currently held on pod 3D at the Allegheny County Jail.
2. I suffer from asthma, hypertension, and diabetes, all of which place me at a heightened risk for more severe symptoms and potential death from Covid-19.
3. I have been held at ACJ since February 26, 2019, as a pretrial federal detainee charged with non-violent offenses involving conspiracy to distribute and possession with intent to deliver.
4. I regularly experience shortness of breath as a result of my asthma. 5. I have requested an inhaler, and have been told by the jail that it was ordered, but it has taken more than a month and I am still without one.

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6. I am very concerned that my breathing problems and exposure to Covid-19 could result in a medical crisis or even my death.
7. I am also concerned that my diabetes and hypertension will make it harder for me to survive Covid-19.
8. I am currently double-celled. My cellmate was recently brought to ACJ. He is 57 years-old. He came from the community and spent only four days in intake, meaning he was not quarantined.
9. It is impossible to be six-feet away from my cellmate, and we are in the cell about 21 hours each day.
10. There are 56 cells on 3D. Almost all of them are double-celled, meaning two people are celled in each. There are just two one-person cells.
11. For the last 8 months or so we have had recreation/out of cell time and meal time divided by tier. That is still the case. There are two tiers, so that means each time there is recreation there are about 50 people out at a time. Same with meals.
12. People are still exercising as normal, playing basketball, moving next to each in crowded areas.
13. Meals are eaten at tables on the pod that are about 4 by 4 feet, with chairs pulled up to each table and four guys sitting around it.
14. No ACJ officials or staff or medical personal have come to talk to us or provide us any information, advice, or instruction pertaining to Covid-19.
15. All they have done is put up some flyers announcing some changes, some additional cleaning in the common areas, and advising people to wash their hands.

CasCea2se:220:-0c5v-0m0c4-9062-0C2B5-CDRoEcumDeoncut m49e7n-t81-9FileFdile0d4/047/0280/20PagPeag3eo3f 4of 4
16. Whenever I use the phone I typically use it right after somebody else has, and I am packed in next to people on either side who are using other phones. After I use it, other people use it without the phone being sanitized.
17. Showers are supposed to be cleaned each night, but they are used throughout the day by many people without cleaning in between.
18. We have not been provided any cleaning materials for use in our cells. Cells are cleaned once per week, every Friday, and that has been the routine the entire time I have been at ACJ.
19. Nobody on 3D has gloves or masks. Neither staff nor incarcerated people have masks.
20. We are given one bar of soap and one roll of toilet paper per person per week. They used to give two of each until about two weeks ago when they cut back due to alleged shortages.
21. At one point, this led to a fight over limited toilet paper after somebody ran out.
22. People have run out of toilet paper in the middle of the week and have taken to using request forms to wipe themselves.
23. Those exhibiting symptoms consistent with Covid-19 on 3D are not given regular if any medical attention, they are not quarantined, and they are not tested.
24. Just last week I felt I had a fever and the medical staff did not see me for five days after I put in a request slip. When they saw me they told me that the fever was because of my blood pressure. There was no follow up, my temperature was not taken again, I was not given a mask, not taken to the infirmary, and nobody sought to assess who

CasCea2se:220:-0c5v-0m0c4-9062-0C2B5-CDRoEcumDeoncut m49e7n-t81-9FileFdile0d4/047/0280/20PagPeag4eo4f 4of 4
I had been in close proximity to in order to monitor them for any potential symptoms of
Covid-19.
25. I fear for my health and my life if I remain in ACJ.
I, Bret Grote, certify that I reviewed this declaration with Terry Suggs by reading it to him over the telephone on April 3, 2020 and that he certified that the declaration was true and correct to the best of his knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070 bretgrote@abolitionistlawcenter.org
Dated: April 3, 2020

 
 Case 2:20-cv-00496-CB-CRE Document 18 Filed 04/09/20 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; and HEATHER CONNOLLY, on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
v.
ALLEGHENY COUNTY; and ORLANDO HARPER, Warden of Allegheny County Jail,
Defendants-Respondents.

Civil Action No. 2:20-cv-00496

PLAINTIFFS-PETITIONERS’ MOTION FOR PRELIMINARY INJUNCTION Pursuant to 28 U.S.C. § 2241 and Federal Rule of Civil Procedure 65(a), Plaintiffs-
Petitioners (“Petitioners”) hereby move this Court to issue writs of habeas corpus and a preliminary injunction that bars Defendants from continuing to detain Petitioners and other medically vulnerable class members in the Allegheny County Jail (“ACJ”) and requires Defendants to remedy their unconstitutional conditions of confinement and violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., by instituting policies and reasonable accommodations consistent with the Centers for Disease Control and Prevention’s (“CDC”) public health guidelines. As grounds therefore, Petitioners aver as follows:
1. Defendants are detaining Petitioners in conditions that violate the Fourteenth Amendment Due Process Clause and the ADA.
2. Petitioners have satisfied the four-part test for the issuance of a preliminary injunction.
3. As set forth in the Memorandum of Law in Support of Petitioners’ Motion for Preliminary Injunction and Complaint for Declaratory and Injunctive Relief (“Memorandum”),

Case 2:20-cv-00496-CB-CRE Document 18 Filed 04/09/20 Page 2 of 5
and supporting declarations, which are incorporated herein by reference, Petitioners are likely to succeed on the merits of their constitutional and ADA claims.
4. Petitioners will suffer irreparable harm unless the requested injunctive relief is granted, as set forth in the Memorandum.
5. The government has no legally cognizable interest in detaining Petitioners in clear violation of their rights under the Constitution and the ADA.
6. Granting the requested injunctive relief will not result in any foreseeable, serious harm to Defendants or the public. To the contrary, it is in the public interest for the government to respect constitutional due process rights and rights under the ADA, and avoid the rampant spread of COVID-19 in jails.
7. Through the undersigned counsel, Petitioners gave notice to Defendants’ counsel, about the filing of this action and motion for preliminary injunction.
8. Petitioners request that the Court immediately schedule a hearing and issue a preliminary injunction enjoining Defendants from continuing to detain Petitioners and other medically vulnerable class members in violation of their constitutional rights, and requiring Defendants to remedy their unconstitutional conditions of confinement and violations of the ADA by instituting policies and reasonable accommodations consistent with the CDC’s public health guidelines.
WHEREFORE, Petitioners respectfully request that this Court enter a preliminary injunction enjoining Defendants from continuing to detain Petitioners and other medically vulnerable class members in violation of their constitutional rights, and requiring that Defendants remedy the unconstitutional conditions of confinement and violations of the ADA occurring at the

Case 2:20-cv-00496-CB-CRE Document 18 Filed 04/09/20 Page 3 of 5

ACJ by instituting policies and reasonable accommodations consistent with the CDC’s public health guidelines.

Date: April 9, 2020

Respectfully submitted,
/s/ Will W. Sachse Will W. Sachse, Esq. (PA 84097)* Sozi Pedro Tulante, Esq. (PA 202579)* Ryan M. Moore, Esq. (PA 314821)* Cory A. Ward, Esq. (PA 314821)* Rachel M. Rosenberg, Esq. (PA 322960)* DECHERT LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 (215) 994-4000
/s/ Alexandra Morgan-Kurtz Alexandra Morgan-Kurtz, Esq. PA ID No. 312631 Pennsylvania Institutional Law Project 100 Fifth Ave, Ste. 900 Pittsburgh, Pa 15222 T: (412) 434-6175 amorgan-kurtz@pailp.org
/s/ Bret Grote Bret D. Grote, Esq. PA ID No. 317273 /s/ Quinn Cozzens Quinn Cozzens, Esq. PA ID No. 323353 /s/ Jaclyn Kurin* Jaclyn Kurin, Esq. D.C. Bar ID No. 1600719 /s/ Jules Lobel,* Jules Lobel, Esq. Of Counsel N.Y. Bar No. 1262732 /s/ Swain Uber Swain Uber, Esq. Of Counsel PA I.D. No. 323477

Case 2:20-cv-00496-CB-CRE Document 18 Filed 04/09/20 Page 4 of 5

Abolitionist Law Center P.O. Box 8654 Pittsburgh, PA 15221 T: (412) 654-9070 bretgrote@abolitionistlawcenter.org qcozzens@alcenter.org jkurin@alcenter.org jll4@pitt.edu swain.uber@gmail.com

*pro hac vice admission pending

/s/ Sara J. Rose Sara J. Rose, Esq. PA ID No.: 204936 /s/ Witold J. Walczak Witold J. Walczak, Esq. PA ID No.: 62976 American Civil Liberties Union of Pennsylvania PO Box 23058 Pittsburgh, PA 15222 T: (412) 681-7864 (tel.) F: (412) 681-8707 srose@aclupa.org vwalczak@aclupa.org

David C. Fathi* dfathi@aclu.org AMERICAN CIVIL LIBERTIES FOUNDATION, NATIONAL PRISON PROJECT 915 15th Street N.W. 7th Floor Washington, DC 20005 (202) 548-6603

UNION

Counsel for Plaintiffs-Petitioners

*Petition for permission to file pro hac vice forthcoming

Case 2:20-cv-00496-CB-CRE Document 18 Filed 04/09/20 Page 5 of 5
CERTIFICATE OF SERVICE
I hereby certify that I will send true copies of this Motion and the associated memorandum
via ECF to counsel for Defendants. I further certify that I will send a courtesy copy of this Motion
and the associated memorandum via email to Defendants’ Counsel.
Dated: April 9, 2020
/s/ Bret Grote Bret D. Grote, Esq. PA ID No. 317273 Abolitionist Law Center P.O. Box 8654 Pittsburgh, PA 15221 T: (412) 654-9070 bretgrote@abolitionistlawcenter.org

Case 2:20-cv-00496-CB-CRE Document 18-1 Filed 04/09/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; and HEATHER CONNOLLY, on behalf of themselves and all others similarly situated,

Plaintiffs-Petitioners,

Civil Action No. 2:20-cv-00496

v.

ALLEGHENY COUNTY; and ORLANDO HARPER, Warden of Allegheny County Jail,

Defendants-Respondents.

[PROPOSED] ORDER GRANTING PLAINTIFFS-PETITIONERS’ MOTION FOR PRELIMINARY INJUNCTION
COME NOW, this _____ day of ______________, 2020, after consideration of PlaintiffsPetitioners’ (“Petitioners”) Class Action Complaint for Declaratory and Injunctive Relief and Petition for Writs of Habeas Corpus, Petitioners’ Brief in Support of their Motion for Preliminary Injunction, and the Declarations submitted in support of Petitioners’ Motion; and it appearing that Petitioners will suffer immediate and irreparable harm, injury, and damage from Defendants’ conduct unless they are enjoined and restrained as requested in Petitioners’ Motion, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
1. The Court makes the following findings: a. Defendants’ continued detention in Alleghany County Jail (“ACJ”) of
individuals at increased risk for severe illness, including all people over ages 55 and older and persons of any age with underlying medical conditions that may increase the risk of serious

1

Case 2:20-cv-00496-CB-CRE Document 18-1 Filed 04/09/20 Page 2 of 2

COVID-19, violates the Due Process Clause of the Fourteenth Amendment to the United States

Constitution and the Americans with Disabilities Act (“ADA”) 42 U.S.C. § 12101 et seq.;

b. There is a likelihood that Petitioners will succeed on the merits of their

claims that the Defendants’ actions violate Petitioners’ constitutional rights and the ADA;

c. Petitioners will suffer substantial and irreparable injury unless this

Order is entered;

d. Greater injury will be inflicted upon Petitioners by the denial of the

requested relief than will be inflicted upon Defendants by the granting of the requested relief;

e. Petitioners have no adequate remedy at law; and

f. The public interest will be served by the Order.

2.

IT IS THEREFORE ORDERED THAT Defendants, together with their

representatives, agents, servants, and all others acting on their behalf or in concert with them, are

hereby ENJOINED and RESTRAINED, until further Order of the Court, from continuing to detain

Petitioners and other medically vulnerable class members, and are required to remedy the

unconstitutional conditions of confinement and violations of the ADA at ACJ by instituting

policies and reasonable accommodations consistent with the CDC’s public health guidelines.

3.

Petitioners, by their attorneys, agents, or other designees, may serve copies of

this Order upon Defendants and upon any person acting in concert or participating with them in

the activities referred to above.

BY THE COURT

_________________________________________ CYNTHIA R. EDDY Chief United States Magistrate Judge
2

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Exhibit A

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Case 2:20-cv-00496-CB-CRE Document 18-2 Filed 04/09/20 Page 4 of 11

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Case 2:20-cv-00496-CB-CRE Document 18-2 Filed 04/09/20 Page 6 of 11

Jonathan Louis Golob, M.D. Ph.D. Assistant Professor
206 992-0428 (c) 734-647-3870 (o) golobj@med.umich.edu jonathan@golob.org

Education and Training 6/1997 – 6/2001

Bachelor of Science, Johns Hopkins University, Baltimore, MD Dual degree in Biomedical Engineering and Computer Science conferred June 2001.

7/2001 – 6/2011

MSTP MD/PhD Combined Degree, University of Washington, Seattle, WA. Ph.D. on the basic science of embryonic stem cells, specifically epigenetic regulation of differentiation Ph.D. conferred in June 2009. MD conferred in June 2011.

6/2011 – 6/2013

Internal Medicine Residency, University of Washington, Seattle, WA

6/2013 – 6/2017

Infectious Diseases Fellowship, University of Washington, Seattle, WA

Certifications and Licensure Board Certifications

2014 2016

Diplomate in Internal Medicine, American Board of Internal Medicine. Diplomate in Infectious Disease, American Board of Internal Medicine.

Current Medical Licenses to Practice

2013 2018

Washington State Medical License, Physician, MD60394350 Michigan State Medical License, Physician, 4301114297

Academic, Administrative, and Clinical Appointments

Academic

6/2014 – 6/2018

Senior Fellow, Vaccine and Infectious Disease Division, Fred

Hutchinson Cancer Research Center, Seattle, WA

8/2016 – 6/2018

Joel Meyers Endowment Fellow, Vaccine and Infectious Disease Division, Fred Hutchinson Cancer Research Center, Seattle, WA

8/2017 – 6/2018

Research Associate, Vaccine and Infectious Disease Division, Fred Hutchinson Cancer Research Center, Seattle, WA

8/2017 – 6/2018

Acting Instructor, Division of Allergy and Infectious Diseases, Department of Medicine, University of Washington, Seattle, WA

8/2018 – Present

Assistant Professor, Division of Infectious Diseases, Department of Medicine, University of Michigan, Ann Arbor, MI

Jonathan Louis Golob M.D. Ph.D.

January 24 2020

Page 1 of 6

Case 2:20-cv-00496-CB-CRE Document 18-2 Filed 04/09/20 Page 7 of 11

Clinical 12/2015 – 12/2016 7/2017 – 6/2018 8/2017 – 6/2018 8/2017 – 6/2018
8/2018 – Present

Infectious Disease Locums Physician, Virginia Mason Medical Center, Seattle, WA
Hospitalist Internal Medicine Physician, Virginia Mason Medical Center, Seattle, WA
Attending Physician, Seattle Cancer Care Alliance, Seattle, WA
Attending Physician, Division of Allergy and Infectious Diseases, Department of Medicine, University of Washington, Seattle, WA
Attending Physician, Division of Infectious Diseases, Department of Medicine, University of Michigan, Ann Arbor, MI

Research Interests 1. I am primarily interested in understanding how the human gut microbiome mechanistically affects how patients respond to treatments. I have a particular focus on patients undergoing hematopoietic cell transplant, who are at risk for recurrence of their underlying disease, treatment-related colitis (from both conditioning and graft versus host disease), and infection. In human observational trials the human gut microbiome correlates with each of these aspects. My research program uses advanced stem-cell based in-vitro models of the human colonic mucosa to verify if the correlations in observational trials can cause similar effects in vitro, and then determine by which pathways (e.g. receptors) and broad mechanisms (e.g. epigenetics) the microbes affect the host.
2. Host-microbiome interactions are contextual. A beneficial interaction in health can turn pathologic. For example, my ongoing work focused on the microbial metabolite butyrate. Butyrate enhances the health of heathy and intact colonic epithelium, acting as a substrate for cellular respiration and through receptor-mediate processes reduces cellular inflammation. However, butyrate also blocks the ability of colonic stem cells to differentiate into mature epithelium. Thus, in colitis that results in a loss of colonic crypts, an intact and butyrogenic gut microbiome results in colonic stem cells being exposed to butyrate and inhibits recovery. My ongoing work uses a primary stem-cell based model of the human colonic mucusa to establish how butyrate blocks the differentiation of colonic stem cell with a hope of generating new treatments for patients with steroid-refractory colitis.
3. I am interested in validating and improving computational tools for biological research. I have a computer science and biomedical engineering background that combined with my clinical and molecular biology training positions me optimally to understand both major aspects of computational biology: what are the needs to make biological inferences from big data, and how can tools specifically be improved to achieve such inferences.

Jonathan Louis Golob M.D. Ph.D.

January 24 2020

Page 2 of 6

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Grants Present and Active
ASBMT New Investigator Award J. Golob (PI) 7/2018 – 7/2020 Hematopoietic Cell Transplant Outcomes and Microbial Metabolism Role: PI $30,000/yr for up to two years

NIH / NIAID R01

D. Fredricks (PI)

11/2017 – 11/2021

The Gut Microbiota and Graft versus Host Disease (GVHD), AI-134808

Role: Senior / key personnel

$823,701

NIH P01

T. Schmidt (PI)

Pending / Reviewed

ENGINEERING MICROBIOMES AND THEIR MOLECULAR DETERMINANTS FOR

PRODUCTION OF BUTYRATE AND SECONDARY BILE ACIDS FROM RESISTANT

STARCH

Role: Key Personnel

NIH / NCI R21

J. Golob (PI)

Pending / Submitted

Establishing a physiologic human colonic stem/progenitor cells model of regimen-related

colitis

Role: PI

NIH R21

J. Golob (PI)

Pending / Submitted

Manipulating Butyrate Production by the Gut Microbiome during Chronic HIV Infection

Role: PI

Completed
Joel Meyers Endowment Fellowship Role: Research Fellow $63,180

6/2016 – 6/2018

DCDR Grant

R. Harrington (PI) 6/2014 – 6/2018

Support for data queries into the Deidentified Clinical Data Repository

Role: PI

$1000

NIH T32 Institutional Training Grant 1T32AI118690-01A1 Role: Post-Doc Trainee $315,972

M. Boeckh (PI)

8/2016 – 8/2017

NIH T32 Institutional Training Grant 5T32AI007044 Role: Post-Doc Trainee $1,527,801

W. van Voorhis (PI) 7/1/14 – 6/30/16

Honors and Awards

2001

Tau Beta Pi Engineering Honor Society

2001

Alpha Eta Mu Beta Biomedical Engineering Honor Society

Jonathan Louis Golob M.D. Ph.D.

January 24 2020

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2005 2015 2016

ARCS Fellowship Consultant of the Month Award. University of Washington Housestaff. Joel Meyer Endowment Fellow

Membership in Professional Societies

2013

Member, Infectious Diseases Society of America

2011

Member, American Board of Internal Medicine

Bibliography Peer-Reviewed Journals and Publications
1. Gao Z, Golob J, Tanavde VM, Civin CI, Hawley RG, Cheng L. High levels of transgene expression following transduction of long-term NOD/SCID-repopulating human cells with a modified lentiviral vector. Stem Cells 19(3): 247-59, 2001.
2. Cui Y, Golob J, Kelleher E, Ye Z, Pardoll D, Cheng L. Targeting transgene expression to antigen-presenting cells derived from lentivirus-transduced engrafting human hematopoietic stem/progenitor cells. Blood 99(2): 399-408, 2002.
3. Boursalian TE, Golob J, Soper DM, Cooper CJ, Fink PJ. Continued maturation of thymic emigrants in the periphery. Nature Immunology 5(4): 418-25, 2004.
4. Osugi T, Kohn AD, Golob JL, Pabon L, Reinecke H, Moon RT, Murry CE. Biphasic role for Wnt/beta-catenin signaling in cardiac specification in zebrafish and embryonic stem cells. PNAS 104(23): 9685-9690, 2007.
5. Golob JL, Paige SL, Muskheli V, Pabon L, Murry CE: Chromatin Remodeling During Mouse and Human Embryonic Stem Cell Differentiation. Developmental Dynamics 237(5): 1389-1398, 2008.
6. Golob JL, Kumar RM, Guenther MG, Laurent LC, Pabon LM, Loring JF, Young RA, Murry CE: Evidence That Gene Activation and Silencing during Stem Cell Differentiation Requires a Transcriptionally Paused Intermediate State. PLoS ONE 6(8): e22416, 2011.
7. Golob JL, Margolis E, Hoffman NG, Fredricks DN. Evaluating the accuracy of amplicon-based microbiome computational pipelines on simulated human gut microbial communities. BMC Bioinformatics 18(1):283, 2017.
8. MacAllister TJ, Stednick Z, Golob JL, Huang, ML, Pergam SA. Under-utilization of norovirus testing in hematopoietic cell transplant recipients at a large cancer center. Am J Infect Control pii: S0196-6553(17)30783-6. doi: 10.1016/j.ajic.2017.06.010. [Epub ahead of print], 2017.
9. Golob JL, Pergam SA, Srinivasan S, Fiedler TL, Liu C, Garcia K, Mielcarek M, Ko D, Aker S, Marquis S, Loeffelholz T, Plantinga A, Wu MC, Celustka K, Morrison A, Woodfield M, Fredricks DN. The Stool Microbiota at Neutrophil Recovery is Predictive for Severe Acute Graft versus Host Disease after Hematopoietic Cell Transplantation. Clin Infect Dis doi: 10.1093/cid/cix699. [Epub ahead of print], 2017.
10. Bhattacharyya A, Hanafi LA, Sheih A, Golob JL, Srinivasan S, Boeckh MJ, Pergam SA, Mahmood S, Baker KK, Gooley TA, Milano F, Fredricks DN, Riddell SR, Turtle CJ. Graft-Derived Reconstitution of Mucosal-Associated Invariant T Cells after Allogeneic Hematopoietic Cell Transplantation. Biol Blood Marrow Transplant pii: S10838791(17)30758-9. doi: 10.1016/j.bbmt.2017.10.003. Epub 2017 Oct 9.
11. Ogimi C, Krantz EM, Golob JL, Waghmare A, Liu C, Leisenring WM, Woodard CR, Marquis S, Kuypers JM, Jerome KR, Pergam SA, Fredricks DN, Sorror ML, Englund JA, Boeckh M. Antibiotic Exposure Prior to Respiratory Viral Infection Is Associated with Progression to Lower Respiratory Tract Disease in Allogeneic Hematopoietic Cell

Jonathan Louis Golob M.D. Ph.D.

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Transplant Recipients. Biol Blood Marrow Transplant. 2018 May 16. pii: S10838791(18)30268-4. doi: 10.1016/j.bbmt.2018.05.016. [Epub ahead of print] 12. Golob JL, Stern J, Holte S, Kitahata MM, Crane HM, Coombs RW, Goecker E, Woolfrey AE, Harrington RD. HIV DNA levels and decay in a cohort of 111 long-term virally suppressed patients. AIDS. 2018 Sep 24;32(15):2113-2118. doi: 10.1097/QAD.0000000000001948. 13. Golob JL, DeMeules MM, Loeffelholz T, Quinn ZZ, Dame MK, Silvestri SS, Wu MC, Schmidt TM, Fiedler TL, Hoostal MJ, Mielcarek M, Spence J, Pergam SA, Fredricks DN. Butyrogenic bacteria after acute graft-versus-host disease (GVHD) are associated with the development of steroid-refractory GVHD. Blood Adv. 2019 Oct 8;3(19):2866– 2869.
Preprint publications 1. Golob JL and Minot SS. Functional Analysis of Metagenomes by Likelihood Inference (FAMLI) Successfully Compensates for Multi-Mapping Short Reads from Metagenomic Samples. Preprint. doi: https://doi.org/10.1101/295352
Other Publications
1. Science Columnist and Writer for The Stranger, Seattle, WA, 2004 – Present 2. Freelance contributor, Ars Technica, 2016 – Present.
Abstracts (presenter underlined)
1. Golob JL, Srinivasan S, Pergam SA, Liu C, Ko D, Aker S, Fredricks DN. Gut Microbiome Changes in Response to Protocolized Antibiotic Administration During Hematopoietic Cell Transplantation. ID Week, Infectious Diseases Society of America, October 2015 (Oral)
2. Golob JL, Stern J, Holte S, Kitahata M, Crane H, Coombs R, Goecker E, Woolfrey AE, Harrington RD. HIV reservoir size and decay in 114 individuals with suppressed plasma virus for at least seven years: correlation with age and not ARV regimen. IDWeek 2016, October 26-30, 2016, New Orleans. Abstract 953 (Oral).
3. Golob JL , Stohs E, Sweet A, Pergam SA, Boeckh M, Fredricks DN, and Liu C. Vancomycin is Frequently Administered to Hematopoietic Cell Transplant Recipients Without a Provider Documented Indication and Correlates with Microbiome Disruption and Adverse Events. ID Week, Infectious Diseases Society of America, October 2018 (# 72504).
4. Impact of Intestinal Microbiota on Reconstitution of Mucosal-Associated Invariant T Cells after Allogeneic Hematopoietic Stem Cell Transplantation. ASH 2018 (#3393).
Invited Lectures
1. Keynote Speaker, ARCS Foundation Annual Dinner. Seattle, WA Nov 3, 2008 2. Primary Care Conference: Direct to Consumer Genetic Testing, Seattle, WA, Mar 14,
2013 3. “IRIS and TB”, Harborview Medical Center Housestaff Lunchtime Conference, Seattle,
WA, Jun 9, 2014 4. “Complicated Enterococcal Endocarditis”, University of Washington Medical Center
(UWMC) Chief of Medicine Conference, Seattle, WA, Jul 14, 2014 5. “Coccidiomycosis”, UWMC Chief of Medicine Conference, Seattle, WA, Oct 7, 2014 6. “HIV and CMV encephalitis”, UWMC Chief of Medicine Conference, Seattle, WA, Apr
14, 2015 7. Research Presentation for GVHD Group Meeting, Seattle, WA, Nov 2015

Jonathan Louis Golob M.D. Ph.D.

January 24 2020

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8. “CMV Ventriculitis”, Clinical Case Presentation to the Virology Working Group, Fred Hutchinson Cancer Research Center (Fred Hutch), Seattle, WA, Nov 2015
9. “Microbiome and HCT Outcomes”. 1st Infectious Disease in the Immunocompromised Host Symposium – Tribute to Joel Meyers. Fred Hutch, Seattle, WA, Jun 13 2016.
10. “Microbiome and GVHD”. Infectious Disease Sciences / Virology Symposium, Fred Hutch / UW, Seattle, WA, Jan 17 2017
11. “Microbiome and GVHD”. 2nd Symposium on Infectious Disease in the Immunocompromised Host. June 19 2017
12. “The Gut Microbiome Predicts GVHD. Can It Be Engineered to Protect?”. St Jude. February 18th 2019

Jonathan Louis Golob M.D. Ph.D.

January 24 2020

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Case 2:20-cv-00496-CB-CRE Document 18-3 Filed 04/09/20 Page 1 of 33
Exhibit B

Case 2:20-cv-00496-CB-CRE Document 18-3 Filed 04/09/20 Page 2 of 33
Declaration of Joseph J. Amon, Ph.D. MSPH
I, Joseph J. Amon, declare as follows:
Background and Expertise
1. I am an infectious disease epidemiologist, Director of Global Health and Clinical Professor in the department of Community Health and Prevention at the Drexel Dornsife School of Public Health. I also hold an appointment as an Associate in the department of epidemiology of the Johns Hopkins University Bloomberg School of Public Health. My Ph.D. is from the Uniformed Services University of the Health Sciences in Bethesda, Maryland and my Master of Science in Public Health (MSPH) degree in Tropical Medicine is from the Tulane University School of Public Health and Tropical Medicine.
2. Prior to my current position, I have worked for a range of non-governmental organizations and as an epidemiologist in the Epidemic Intelligence Service of the US Centers for Disease Control and Prevention. Between 2010 and 2018, I was a Visiting Lecturer at Princeton University, teaching courses on epidemiology and global health. I currently serve on advisory boards for UNAIDS and the Global Fund against HIV, TB and Malaria and have previously served on advisory committees for the World Health Organization.
3. I have published 60 peer-reviewed journal articles and more than 100 book chapters, letters, commentaries and opinion articles on issues related to public health and health policy.
4. One of my main areas of research focus relates to infectious disease control, clinical care, and obligations of government related to individuals in detention settings, in which I have published a number of reports assessing health issues in prison and detention settings and more than a dozen peer-reviewed articles. In 2015-2016, I was a co-editor of a special issue of the British journal, “The Lancet,” on HIV, TB and hepatitis in prisons. I also serve on the editorial boards of two public health journals. My resume is attached as Exhibit A.
Information on COVID-19 and Vulnerable Populations
5. COVID-19 is a coronavirus disease that has reached pandemic status. As of today (4/3), according to the World Health Organization 932,166 confirmed cases have been diagnosed in 205 countries or territories around the world and more than 46,764 deaths due to COVID-19 have been reported.1 In the United States, which has the highest number of reported cases in the world, 245,573 confirmed cases have been reported with the disease and 6,058 people have died thus far,2 though these numbers likely
1 See https://www.who.int/emergencies/diseases/novel-coronavirus-2019 accessed April 3, 2020. 2 See https://coronavirus.jhu.edu/map.html accessed April 3, 2020

Case 2:20-cv-00496-CB-CRE Document 18-3 Filed 04/09/20 Page 3 of 33

underreport the actual infections and deaths.3 In Pennsylvania, as of 12:00 pm on April
5, 2020, there were 11,510 confirmed cases and 150 deaths reported by the state department of health.4 Since March 6, there have been 1,072 individuals hospitalized
due to COVID-19, with 98% of those cases occurring in individuals age 25 years or older.5 There has been an exponential increase in cases and deaths in Pennsylvania
over the past three weeks with the number of people infected increasing, on average, by 32% every day6:

Date 12-Mar 13-Mar 14-Mar 15-Mar 16-Mar 17-Mar 18-Mar 19-Mar 20-Mar 21-Mar 22-Mar 23-Mar 24-Mar 25-Mar 26-Mar 27-Mar 28-Mar 29-Mar 30-Mar 31-Mar 1-April 2-April 3-April 4-April 5-April

Cases (cumulative)
28 41 58 63 76 96 133 185 268 371 479 644 851 1,127 1,687 2,218 2,751 3,394 4,087 4,843 5,805 7,016 8,420 10,017 11,510

Deaths (cumulative)
0 0 0 0 0 0 1 1 1 2 3 6 7 11 16 22 34 38 48 63 74 90 102 136 150

3 See https://www.washingtonpost.com/national/us-deaths-from-coronavirus-top-1000-amid-incomplete-
reporting-from-authorities-and-anguish-from-those-left-behind/2020/03/26/2c487ba2-6ad0-11ea-
9923-57073adce27c_story.html accessed April 3, 2020. 4 See https://www.health.pa.gov/topics/Documents/Diseases%20and%20Conditions/COVID-
19%20Situation%20Reports/20200325nCoVSituationReportExt.pdf; accessed April 5, 2020 see also: https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx accessed April 5, 2020 5 Ibid. 6 See http://91-divoc.com/pages/covid-visualization/ accessed April 5, 2020

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6. COVID-19 is a serious disease, ranging from no symptoms or mild ones for people at low risk, to respiratory failure and death. There is no vaccine to prevent COVID-19. There is no known cure or anti-viral treatment for COVID-19 at this time. The specific mechanism of mortality of critically ill COVID-19 patients is uncertain but may be related to virus-induced acute lung injury, inflammatory response, multiple organ damage and secondary nosocomial infections.
7. The World Health Organization (WHO) identifies individuals at highest risk to include those over 60 years of age and those with cardiovascular disease, diabetes, chronic respiratory disease, and cancer.7 The WHO further states that the risk of severe disease increases with age starting from around 40 years.
8. The US CDC identifies “older adults [65 and older] and people of any age who have serious underlying medical conditions” as at higher risk of severe disease and death.8 The CDC identifies underlying medical conditions to include: blood disorders, chronic kidney or liver disease, compromised immune system, endocrine disorders, including diabetes, metabolic disorders, heart and lung disease (“including asthma or chronic obstructive pulmonary disease [chronic bronchitis or emphysema] or other chronic conditions associated with impaired lung function”), neurological and neurologic and neurodevelopmental conditions “[including disorders of the brain, spinal cord, peripheral nerve, and muscle such as cerebral palsy, epilepsy (seizure disorders), stroke, intellectual disability…”], and current or recent pregnancy.9 The CDC also identifies individuals with a body mass index (BMI) greater than 40 to be at higher risk for severe illness.10 Based upon reports of a high proportion of ICU patients with cerebrovascular disease and diabetes, some researchers have speculated that increased risk of severe illness may be associated with common medicines (ACE2-stimulating drugs) prescribed for hypertension and diabetes.11
9. Data from US COVID-19 cases published by the CDC on March 19, 2020, found that hospitalization rates and intensive care unit (ICU) admission rates were nearly identical for individuals aged 45-54 and individuals aged 55-64 (between approximately 20-30% for both groups for hospitalization and between 5-11% for both
7 See https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200311-sitrep-51-covid19.pdf?sfvrsn=1ba62e57_4 accessed March 21, 2020 8 See https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/high-risk-complications.html accessed March 21,
2020 9 See https://www.cdc.gov/coronavirus/2019-ncov/downloads/community-mitigation-strategy.pdf accessed March
21, 2020 10 See https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html accessed April 3, 2020 11 See https://www.thelancet.com/journals/lanres/article/PIIS2213-2600(20)301168/fulltext?fbclid=IwAR2oRXHweQuw3CLmgJuAh7q556SJ83lnw4m8_G9LK8GtppeAPUtwGG1Fn9o accessed April 3, 2020

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groups for ICU admission).12 This suggests that individuals >45 years could be considered high risk for severe disease while those ≥54 years could be considered high risk for severe disease and death.
Health profile of declarants
10. I have reviewed the declarations of the following individuals and/or the attorneys for the following individuals: Heather Connolly, Alexus Diggs, Larnell Jones, Terry Suggs, and Michael Graham.
11. Heather Connolly is a 48 year old woman who reports having hepatitis C, a viral infection of the liver commonly associated with liver disease. This conditions indicates that she is likely at heightened risk for severe illness and death from COVID-19. She also indicates current symptoms of fever and that her cellmate was ill with a high fever.
12. Alexus Diggs is a 24 year old woman who reports having high blood pressure. Hypertension is a form of cardiovascular disease and may be associated with other conditions such as atherosclerosis. Because of her hypertension, Ms. Diggs may be at increased risk of severe disease or death due to COVID-19.
13. Larnell Jones is a 45 year old man who reports having asthma and hypertension which indicates that his is likely at heightened risk for severe disease and death from COVID19.
14. Terry Suggs is a 35 year old man who reports having asthma, hypertension, and diabetes, all of which likely puts him at heightened risk for severe disease and death from COVID-19.
15. Michael Graham is a 38 year old man who reports having hepatitis C and asthma, both of which likely puts him at heightened risk for severe disease and death from COVID19.
Understanding of COVID-19 Transmission
16. According to the US CDC, the disease is transmitted mainly between people who are in close contact with one another (within about 6 feet) via respiratory droplets produced when an infected person coughs or sneezes.13 It may be possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes, but this is not thought to be the main way the virus spreads.14
12 See https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm, accessed March 21, 2020 13 See https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html accessed March 21, 2020 14 See https://www.cdc.gov/coronavirus/2019-ncov/prepare/transmission.html accessed March 21, 2020

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17. People are thought to be most contagious when they are most symptomatic (the sickest), however there is increasing evidence of asymptomatic15 and presymptomatic transmission. A recent report by the CDC of presymptomatic transmission in Singapore identified seven clusters of COVID-19 in which presymptomatic transmission likely occurred, accounting for 6.4% of locally acquired cases examined.16 These findings are similar to research outside of Hubei province, China, which found that 12.6% of transmissions could have occurred before symptom onset in the source patient.17 Speech and other vocal activities such as singing have been shown to generate air particles which could transmit the virus responsible for COVID-19, with the rate of emission corresponding to voice loudness. News outlets have reported that during a choir practice in Washington on March 10, presymptomatic transmission likely played a role in SARSCoV-2 transmission to approximately 40 of 60 choir members.18
18. The understanding of direct transmission as the most likely means of SARS-CoV-2 transmission combined with evidence of asymptomatic and presymptomatic transmission suggests that, while hand washing and disinfecting surfaces is advisable, the main strategy for limiting disease transmission is social distancing and that for such distancing to be effective it must occur before individuals display symptoms.
19. Recognizing the importance of social distancing, public health officials have recommended extraordinary measures to combat the spread of COVID-19. Schools, courts, collegiate and professional sports, theater and other congregate settings have been closed as part of risk mitigation strategy. 50 states, 7 territories, and the District of Columbia have taken some type of formal executive action in response to the COVID19 outbreak.19 Through one form or another, these jurisdictions have declared, proclaimed, or ordered a state of emergency, public health emergency, or other preparedness and response activity for the outbreak. Earlier this month Pennsylvania Governor, Tom Wolf, declared a state of emergency, which he buttressed on March 19 with an order closing non-essential businesses.20 On April 1, Governor Wolf extended county-by-county stay at home orders to cover the entire state of Pennsylvania.21 These kinds of orders are quickly spreading nationwide, after beginning in California on March 19. As of April 2, at least 297 million people in at least 38 states, 48 counties, 14 cities, the District of Columbia, and Puerto Rico are being directed to stay home.22
15 See https://www.cdc.gov/coronavirus/2019-ncov/prepare/transmission.html accessed March 21, 2020; See also: Bai Y, Yao L, Wei T, et al. Presumed asymptomatic carrier transmission of COVID-19.JAMA. Published online February 21, 2020. doi:10.1001/jama.2020.2565 and Zhang W, Du RH, Li B, et al. Molecular and serological investigation of 2019-nCoV infected patients: implication of multiple shedding routes. Emerg Microbes Infect. 2020;9(1):386-389. 16 See https://www.cdc.gov/mmwr/volumes/69/wr/mm6914e1.htm?s_cid=mm6914e1_w accessed April 2, 2020 17 See https://wwwnc.cdc.gov/eid/article/26/6/20-0357_article accessed April 2, 2020 18 See https://www.latimes.com/world-nation/story/2020-03-29/coronavirus-choir-outbreak accessed April 2, 2020
19 See https://www.astho.org/COVID-19/ accessed March 21, 2020 20 See https://www.governor.pa.gov/wp-content/uploads/2020/03/20200319-TWW-COVID-19-business-closure-
order.pdf 21See https://www.governor.pa.gov/newsroom/gov-wolf-sec-of-health-pennsylvania-on-statewide-stayat-home-order-beginning-at-8-pm-tonight-most-prudent-option-to-stop-the-spread/ accessed April 2, 2020.
22 See https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html accessed April 2, 2020.

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20. These public health measures aim to “flatten the curve” of the rates of infection so that those most vulnerable to serious complications from infection will be least likely to be exposed and, if they are the numbers of infected individuals will be low enough that medical facilities will have enough beds, masks, and ventilators for those who need them.
21. US cities are starting to see the level of COVID-19 cases seen in previous global hotspots. On Thursday, March 26, Governor Cuomo announced that 100 people had died of the coronavirus between Wednesday and Thursday morning. 23 As of Friday, March 27, the cumulative death toll in the state stood at 450.24 In response, the city’s health commissioner again urged all New Yorkers to follow the stay at home order, emphasizing the impact on the city’s already strained health system.25 As of April 1, 2020, New York’s death toll had reached 1,374.26 Pennsylvania is roughly 10 days behind New York City, following a similar trendline of cases and deaths.27
Risk of COVID-19 in Jail Facilities
22. The conditions of jail facilities pose a heightened public health risk to the spread of COVID-19, even greater than other non-carceral institutions.
23. Jails are enclosed environments. These kinds of enclosed environments, like cruise ships and nursing homes, have seen higher rates of COVID-19 infection than the general population. Jails have even greater risk of COVID-19 transmission than other enclosed environments because of crowding within the facility, and limited access to hygiene, and structural limitations. People in jails are housed in crowded spaces of limited size and are subjected to security measures that force them into close contact with guards. They cannot practice the “social distancing” necessary to effectively prevent the spread of COVID-19. Bathrooms facilities—toilets, showers, and sinks—and other common areas are shared, without adequate surface disinfection between users. Food preparation and distribution without proper precautions also presents a further site for the virus to spread. Infectious spread presents a particular challenge in these facilities where the population often is disproportionately vulnerable, while facilities provide limited
23 See https://www.nytimes.com/2020/03/26/world/coronavirusnews.html?action=click&pgtype=Article&state=default&module=stylncoronavirus&variant=show&region=TOP_BANNER&context=storyline_menu?action=click&pgtype=Article& state=default&module=stylncoronavirus&variant=show&region=TOP_BANNER&context=storyline_menu#link-18cce12f accessed March 26, 2020.
24 https://nypost.com/2020/03/27/another-84-people-killed-by-coronavirus-in-new-york-city/ accessed March 28, 2020.
25 See https://nypost.com/2020/03/25/de-blasio-warns-half-of-all-new-yorkers-will-get-covid-19/ accessed March 26, 2020.
26 See https://coronavirus.jhu.edu/map.html accessed April 1, 2020. 27 See https://www.businessinsider.com/new-york-city-coronavirus-cases-over-time-chart-2020-3 accessed March 26, 2020.

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medical care.28
24. CDC guidance on correctional and detention facilities,29 posted March 23, 2020, specifically recommends implementing social distancing strategies to increase the physical space between incarcerated/detained persons “ideally 6 feet between all individuals, regardless of the presence of symptoms” including: 1) increased space between individuals in holding cells, as well as in lines and waiting areas such as intake; stagger time in recreation spaces; restrict recreation space usage to a single housing unit per space; stagger meals; rearrange seating in the dining hall so that there is more space between individuals (e.g., remove every other chair and use only one side of the table); provide meals inside housing units or cells; limit the size of group activities; reassign bunks to provide more space between individuals, ideally 6 feet or more in all directions.
25. The CDC guidance also describes necessary disinfection procedures including to thoroughly clean and disinfect all areas where a confirmed or suspected COVID-19 case spent time.30
26. Based upon the declarations I reviewed (paragraph 10 above), Allegheny County Jail (ACJ) does not appear to be adopting the procedures necessary to prevent COVID-19 transmission. The infrastructure and routine practice of Allegheny County Jail raise significant challenges to maintaining distancing between detainees in the facilities. These physical infrastructure and security challenges, which are typical of most detention centers, include: • Individuals are held for extended periods of time in the intake area, typically with 10 or more people sharing a single toilet and sink. Only cursory medical screening is conducted. • A significant number of people housed at ACJ are double-celled. • Access to soap is a constant problem in ACJ as is, in some pods, access to personal hygiene and cleaning supplies. • There are only a few showers per pod, with many people sharing the same shower area, without any sanitation between individual uses. • Dining tables are small and fit four people, with one person on each side. A table is only four feet by four feet, at most, so no one can social distance from others during meal times. • As is true in detention facilities generally, communal bathroom facilities pose a risk of transmission and it is not usually possible for an incarcerated person to move throughout ACJ without coming into contact with many other people. The use of elevators also poses a problem bringing individuals in close contact. If someone is housed in a special unit or restrictive housing, they must also be closely escorted everywhere in the facility and security incidents can put an
28 https://www.prisonpolicy.org/health.html accessed March 26, 2020. 29 See: https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctionaldetention.html accessed March 23, 2020
30 Ibid

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incarcerated person into close contact with staff members. • Access to medical care is inadequate at ACJ. There are extreme delays in
individuals’ ability to access care, as well as huge staffing shortages.
27. Based upon the information provided to me, and my prior knowledge of detention facilities, I am concerned that the Alleghany County Jail does not have the ability to implement the critically important principle of social distancing, such as maintain six feet of separation at all times including meals and location of beds. Where detention facilities are housing detained individuals in small cells where they are bunked together and where they are crowded together to eat meals, they will not be able to prevent COVID-19 transmission once introduced into the jail.
28. Nor am I aware of the necessary measures being taken at the Alleghany County Jail to identify and properly isolate individuals at high risk, those with potential exposure (e.g., from work detail) or those with symptoms consistent with COVID-19. These steps are essential to preventing transmission of COVID-19.
29. Introduction of new people into detention facilities who have had contact with the community outside the facility—be it correctional officers and other staff, new individuals coming into custody, people on work release, or individuals serving intermediate sentences—creates a link from transmission occurring in the community to those who are detained. The possibility of asymptomatic transmission means that monitoring fever of staff or detainees is inadequate for identifying all who may be infected and preventing transmission. This is also true because not all individuals infected with COVID-19 report fever in early stages of infection.
30. The alternative is to test all staff and detainees entering the facility. However, this would require frequent (daily) tests, implemented at multiple times a day as staff and detainees entered the facility. In addition to the cost and labor required to implement this approach, the United States is currently facing a shortage of COVID-19 tests that make such a solution impracticable: In a survey of U.S. cities (that included Philadelphia, Pittsburgh, Erie, and Easton), 92.1% of cities reported that they do not have an adequate supply of test kits.31 Shortages are likely to become more severe over the next three to four weeks when there will be a major shortage of chemical reagents for COVID-19 testing and enormous increases in demand.32 Given the shortage of COVID-19 testing in the United States, it is likely that jails are and will continue to be unable to conduct aggressive, widespread testing to identify all positive cases of COVID-19. The lack of widespread testing in communities and the current presence of COVID-19 in all 50 states means that it is impractical to ask detainees about their travel history– all communities should be assumed to have community transmission which is why statewide and national restrictions on movement and gatherings have been put in place.
31 https://www.usmayors.org/issues/covid-19/equipment-survey/ accessed March 28, 2020. 32 https://www.nytimes.com/2020/03/27/opinion/coronavirus-trump-testing-shortages.html accessed March 28,
2020.

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Heightened Rates of COVID-19 Infection and Spread Within Detention Facilities
31. The rates of spread in the facilities that have been testing for COVID-19 illustrates the dangers the conditions in these facilities pose to those who are detained there, and to the broader community. In Cook County Jail, Chicago in a matter of two days, the number of individuals infected jumped from 38 inmates33 to 89 inmates and 12 staff members.34, As of April 1, there were 167 confirmed cases among detained individuals, even after the jail released 400 individuals.35 At Rikers Island in New York, on Saturday March 21, a jail oversight agency indicated that 21 inmates and 17 employees tested positive.36 Four days later, on Wednesday, March 26, 75 inmates and 37 employees tested positive.37 As of Tuesday, March 31, 141 staff and 180 individuals in custody had tested positive at Rikers and city jails in New York City.38 The Legal Aid Society in New York recently reported that the infection rate for COVID-19 at local jails is more than seven times higher than the rate citywide and 87 times higher than the country at large.39
32. The data above also confirms high rates of infection among correctional officers and other staff. These individuals all face an increased risk of COVID-19 exposure as they are less able to practice the recommended strategy of social distancing in carrying out their official duties. If corrections officers are significantly affected by COVID-19, whether through being infected, exposed by detainees, their fellow officers or in the community, large numbers will be unavailable to work due to self-quarantine or isolation, at the same time that large numbers of detainees who are potentially exposed will need to be put into individual isolation or transferred to advanced medical care, putting tremendous stress on detention facilities.
33. At least one detained individual from Pike County Correctional Facility and at least 3 staff and one contract employee have already tested positive for COVID-19.40 The detained individual was so ill that they had to be hospitalized for the infection. Pike County, as of April 1, 2020, has reported 57 cases and 1 death due to COVID-19. York has had 79 reported cases.41 These are likely underestimates. It is reasonable to expect
33 See https://www.nbcchicago.com/news/local/cook-county-jail-says-17-inmates-have-tested-positive-forcoronavirus/2244652/ accessed March 26, 2020.
34 See https://www.politico.com/news/2020/03/29/federal-prison-first-coronavirus-death-153387 accessed March 29, 2020.
35 See https://www.nbcchicago.com/news/local/167-cook-county-jail-detainees-have-tested-positive-for-covid-19officials-say/2248892/ accessed April 2, 2020.
36 https://www.nbcnewyork.com/news/coronavirus/21-inmates-17-employees-test-positive-for-covid-19-on-rikersisland-officials/2338242/ accessed March 23, 2020.
37 See https://nypost.com/2020/03/25/new-coronavirus-cases-in-nyc-jails-outpacing-rest-of-the-city/ accessed March
26, 2020 38 See https://www.theguardian.com/us-news/2020/apr/01/rikers-island-jail-coronavirus-public-health-disaster
accessed April 2, 2020. 39 See: https://newyork.cbslocal.com/2020/03/26/coronavirus-rikers-island/ accessed March 26, 2020 40 https://news.pikepa.org/post/2020/03/09/COVID-19-Update accessed April 3, 2020. 41 https://www.health.pa.gov/topics/disease/coronavirus/Pages/Cases.aspx accessed April 1, 2020.

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this kind of introduction of COVID-19 into the detention facilities from staff exposed in the community given the current local transmission of COVID-19 in Pennsylvania, reflecting the continued movement of people between specific locales.
Infrastructure in Detention Facilities Will Likely Be Insufficient to Address Needs of COVID-19 Patients
34. If COVID-19 enters into detention facilities, these facilities will likely be unable to address the infectious spread and the needs of infected individuals due to lack of testing and insufficient physical and medical infrastructure.
35. In cases where there are confirmed or suspected cases of COVID-19, the CDC recommends medical isolation, defined by the CDC confining the case “ideally to a single cell with solid walls and a solid door that closes” to prevent contact with others and to reduce the risk of transmission. Individuals in isolation should also be provided their own bathroom space.42
36. Individuals in close contact of a confirmed or suspected COVID-19 case - defined by the CDC as having been within approximately 6 feet of the individual for a prolonged period of time or having had direct contact with secretions of a COVID-19 case (e.g., have been coughed on) – should be quarantined for a period of 14 days. The same precautions should be taken for housing someone in quarantine as for someone who is a confirmed or suspected COVID-19 case put in isolation.43
37. The CDC guidance recognizes that housing detainees in isolation and quarantine individually, while “preferred”, may not be feasible in all county jail settings and discusses the practice of “cohorting” when individual space is limited. The term “cohorting” refers to the practice of isolating multiple laboratory-confirmed COVID-19 cases together as a group or quarantining close contacts of a particular case together as a group. The guidance states specifically that "Cohorting should only be practiced if there are no other available options” and exhorts correctional officials: “Do not cohort confirmed cases with suspected cases or case contacts.” [emphasis in original]. Individuals who are close contacts of different cases should also not be kept together.
38. The CDC guidance also says that detention facilities should “Ensure that cohorted cases wear face masks at all times.”44 This is critical because not all close contacts may be infected and those not infected must be protected from those who are if individuals are cohorted. However, it’s important to note that face masks are in short supply. In a joint letter to President Trump, the American Medical Association, the American Hospital Association, and the American Nurses Association called on the administration to “immediately use the Defense Production Act to increase the domestic production of medical supplies and equipment that hospitals, health, health systems, physicians, nurses
42 Ibid. 43 Ibid 44 Ibid

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and all front line providers so desperately need.”45 In a survey United States cities, 91.5% of the cities reported that they do not have an adequate supply of face masks for their first responders and medical personnel.46 There are also widespread shortages of personal protective equipment — particularly N-95 masks — sufficient to provide even for health care workers, in our nation’s hospitals, let alone medical providers and other individuals coming into contact with the virus in county jails .47 Many public health leaders are calling for masks to be reserved for health care staff, who face increased risk and are vitally needed to sustain emergency care. Hospitals in the New York City area, unable to access masks locally, are reportedly turning to a private distributor to airlift millions of protective masks out of China.48 Face masks are effective only when used in combination with frequent hand-cleaning with alcohol-based hand rub or soap and water. Detainees should be instructed in how to properly put on and take off masks, including cleaning their hands every time they touch the mask, covering the mouth and nose with the mask and making sure there are no gaps, avoiding touching the mask while using it; and replacing the mask with a new one if it becomes damp (e.g., from sneezing) and not to re-use single-use masks. There are times when detainees will necessarily not be able to wear masks, if available. For example, during meals. In these instances, detainees should eat individually or with proper distancing from others.
39. Where individual rooms are not available, the CDC guidance describes a hierarchy of next best options for cohorting, which in order from lesser risk to greater risk includes housing individuals under medical isolation: 1) in a large, well-ventilated cell with solid walls and a solid door that closes fully; 2) in a large, well-ventilated cell with solid walls but without a solid door; 3) in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells; 4) in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells.49
40. Many jails and prisons also lack adequate medical care infrastructure to address the spread of infectious disease and treatment of high-risk people in detention. As examples, jails often use practical nurses who practice beyond the scope of their licenses; have part-time physicians who have limited availability to be on-site; and facilities with no formal linkages with local health departments or hospitals.
41. Large numbers of ill detainees and corrections staff will also strain the limited medical infrastructure in the rural counties in which these detention facilities are located. If infection spreads throughout the detention center, overwhelming the center’s own limited resources, the burden of caring for these individuals will shift to local medical facilities. The few facilities will likely not be able to provide care to all infected
45 See: https://www.aha.org/lettercomment/2020-03-21-aha-ama-and-ana-letter-president-use-dpa-medicalsupplies-and-equipment accessed March 26, 2020
46 https://www.usmayors.org/issues/covid-19/equipment-survey/ accessed March 28, 2020. 47 https://www.nytimes.com/2020/03/27/opinion/coronavirus-trump-testing-shortages.html accessed
March 28, 2020. 48 See: https://lancasteronline.com/news/health/hospital-suppliers-take-to-the-skies-to-combat-dire-
shortages/article_0830ffb0-6f89-11ea-89ed-bbd859186614.html accessed March 26, 2020 49 Ibid

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individuals with serious cases, increasing the likelihood that these individuals will die.50
Conclusions
42. CDC guidance on correctional and detention facilities,51 posted March 23, 2020 reiterates many of the points previously made in this declaration, including: 1) Incarcerated/detained persons are at “heightened” risk for COVID-19 infection once the virus is introduced; 2) There are many opportunities for COVID-19 to be introduced into a correctional or detention facility, including from staff and transfer of incarcerated/detained persons; 3) Options for medical isolation of COVID-19 cases are limited; 4) Incarcerated/detained persons and staff may have medical conditions that increase their risk of severe disease from COVID-19; 5) The ability of incarcerated/detained persons to exercise disease prevention measures (e.g., frequent handwashing) may be limited and many facilities restrict access to soap and paper towels and prohibit alcohol-based hand sanitizer and many disinfectants; and 6) Incarcerated persons may hesitate to report symptoms of COVID-19 or seek medical care due to co-pay requirements and fear of isolation.
43. The only viable public health strategy available is risk mitigation. Even with the bestlaid plans to address the spread of COVID-19 in detention facilities, the release of individuals who can be considered at high-risk of severe disease if infected with COVID-19 is a key part of a risk mitigation strategy. In my opinion, the public health recommendation is to release high-risk people from detention, given the heightened risks to their health and safety, especially given the lack of a viable vaccine for prevention or effective treatment at this stage.
44. To the extent that vulnerable detainees have had exposure to known cases with laboratory-confirmed infection with the virus that causes COVID-19, they should be tested immediately in concert with the local health department. Those who test negative should be released to home quarantine for 14 days. Where there is not a suitable location for home quarantine available, these individuals could be released to housing identified by the county or state Department of Health.
45. Other individuals who may not be identified as high risk should also be considered for release. Reducing the overall number of individuals in detention facilities will facilitate social distancing for remaining detainees and lessen the burden of ensuring the safety of detainees and corrections officers.
46. Given the physical infrastructure of facilities, the challenges of providing security
50 See https://www.post-gazette.com/news/health/2020/03/20/Rural-counties-in-Pennsylvania-struggle-on-theirown-as-COVID-19-spreads/stories/202003180034 accessed March 23, 2002. Even in regions with highly developed health systems, COVID-19 is straining ability to care, creating cause for alarm for less-equipped health care systems in regions that do not act to mitigate risk of infection. See https://www.nytimes.com/2020/03/12/world/europe/12italy-coronavirus-health-care.html accessed March 23, 2020 51 See: https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctionaldetention.html accessed March 23, 2020

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without close contact, and the lack of proper equipment (such as masks) to prevent transmission, I do not believe detention facilities are equipped to ensure the safety of those in their custody. Releasing individuals at highest risk who can then self-isolate – either in their homes or in facilities arranged by the local department of health – provides a significantly better likelihood of preventing infection, disease spread and death, both in the facility and in the community at large.
Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct.
Executed this fifth day in April 2020 in Princeton, New Jersey.
Joseph J. Amon, PhD MSPH

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EDUCATION
08/1998-10/2002
08/1991-12/1994 08/1987-05/1991

Joseph J. Amon, PhD, MSPH
ROOM 734, NESBITT HALL 3215 MARKET ST
PHILADELPHIA, PA 19104 jja88@drexel.edu
Dept. of Preventive Medicine/Biometrics, Uniformed Services University of the Health Sciences, F. Edward Hebert School of Medicine PhD, Dissertation: Molecular Epidemiology of Malaria in Kenya
Dept. of Parasitology and Tropical Medicine, Tulane University School of Public Health & Tropical Medicine MSPH, Tropical Medicine
Hampshire College BA, Interdisciplinary Studies

Bethesda, MD New Orleans, LA Amherst, MA

ACADEMIC APPOINTMENTS

9/2018 – Present 01/2010 – Present

Dornsife School of Public Health, Drexel University Director, Global Health Clinical Professor, Dept of Community Health and Prevention
Dept. of Epidemiology and Center for Public Health and Human Rights, Bloomberg School of Public Health, Johns Hopkins Associate

Philadelphia, PA Baltimore, MD

09/2010 – 06/2018

Woodrow Wilson School of Public and International Affairs, Princeton University Visiting Lecturer

Princeton, NJ

01/2015 – 05/2018

Dept. of Epidemiology, Mailman School of Public Health, Columbia University Adjunct Associate Professor

New York, NY

06/2014 – 07/2014

School of Social Science, Institute for Advanced Study Short-term Visitor

Princeton, NJ

09/2012 – 12/2012

Institut d'Études Politiques de Paris (SciencesPo) Distinguished Visiting Lecturer

Paris, France

01/2003–06/2007

Dept. of Preventive Medicine, Hebert School of Medicine, Uniformed Services University of the Health Sciences Adjunct Assistant Professor

Bethesda, MD

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TEACHING EXPERIENCE

Professor 2019 - Present

Drexel University

2011 – 2018
09-12/2012 Co-Instructor 2012-2013

Princeton University
SciencesPo
Global School of Socioeconomic Rights, Harvard University

Theory and Practice of Community Health (graduate) Health and Human Rights (undergrad/graduate) Community Health: Cuba (graduate)
Health and Human Rights (undergraduate) Epidemiology (undergraduate)
Health and Human Rights (graduate)
Health Rights Litigation (graduate)

COMMITTEES AND ADVISORY BOARD MEMBERSHIP

Editorial

09/2019 – Present 01/2010 – Present 07/2012 – Present 01/2015 – 07/2016 09/2017 – 06/2018

Senior Editor, Health and Human Rights Journal Journal of the International AIDS Society, Editorial Board Journal of the International AIDS Society, Ethics Committee Co-Editor, The Lancet HIV Special Issue on HIV and Prisoners Co-Editor, Health and Human Rights Journal Special Issue on NTDs and Human Rights

Advisory
09/2016 – Present
12/2014 – Present 07/2008 – Present 06/2012 – 6/2018
02/2012 – 01/2016 01/2014 – 01/2016 07/2011 – 07/2012 11/2009 – 09/2012

The Global Fund, Working Group on Monitoring and Evaluating Programmes to Remove Human Rights Barriers to HIV, TB and Malaria Services UNAIDS, Strategic and Technical Advisory Group UNAIDS, HIV and Human Rights Reference Group (co-chair Aug 2014 – present) Global Institute for Health and Human Rights, University at Albany, International Advisory Board Founding member, Coalition for the Protection of Health Workers in Armed Conflict Founding member: Robert Carr Award for Research on HIV and Human Rights XIX International AIDS Conference, Scientific Programme Committee WHO/STOP TB Partnership, TB and Human Rights Task Force

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FULL-TIME WORK EXPERIENCE

09/2018-Present

Drexel University, Dornsife School of Public Health, Philadelphia, PA. - Director, Global Health - Clinical Professor, Dept of Community Health and Prevention

02/2016–08/2018 08/2005–01/2016 07/2003–06/2005

Helen Keller International, New York, NY. - Vice President, Neglected Tropical Diseases
Provided strategic, technical and overall management for >$125m portfolio of work on NTDs. Led development of proposals resulting in >$80m in new projects.
Human Rights Watch, New York, NY. - Director, Health Division (Sept 2008 – Jan 2016) - Founded Disability Rights Division (2013); Environment Division (2015) - Director, HIV/AIDS Program (August 2005 – August 2008)
Led research and advocacy division focused on human rights and health. Founded programs on disability rights and environment. Responsible for financial and personnel management, fundraising and communications.
Centers for Disease Control and Prevention, Atlanta, GA. - Epidemiologist, EIS Officer
Led hepatitis outbreak investigations in US and overseas. Collaborated with U.S. and international academic and government researchers. Analyzed trends in hepatitis prevalence and vaccination rates in diverse populations.

07/2000–09/2002 07/1995–06/1998

Walter Reed Army Institute of Research, Silver Spring, MD. - Research Fellow
Conducted molecular epidemiologic and immunologic research on malaria, examining host-parasite interaction, vaccine efficacy, and correlates of disease severity.
Family Health International, Arlington, VA. - Technical Officer (Jan – June 1998) - Evaluation Officer (Aug 1996 – Dec 1997) - Associate Evaluation Officer (July 1995 – July 1996)
Designed and analyzed HIV behavioral research and program evaluation studies. Supervised field-based research and evaluation staff in U.S., Brazil, Jamaica, Dominican Republic, Kenya, Ghana, and Haiti.

09/1992–11/1994

U.S. Peace Corps, Lomé, Togo. - Volunteer
Designed and implemented process monitoring system for national Guinea Worm eradication program. Conducted health education training. Supervised village health workers.

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SHORT-TERM AND CONSULTING EXPERIENCE

Human Rights Watch, New Provide technical review for research design,

York, NY.

analysis and documents related to health and

environment and human rights.

Sept 2018 – Present

The Futures Group International, REACH Project, Washington DC.
Walter Reed Army Institute of Research, Silver Spring, MD.

Co-investigator for HIV/AIDS operations research related to orphans and vulnerable children and adolescent-oriented HIV volunteer counseling and testing.
Developed database and provided statistical support to malaria vaccine clinical trial project.

John Snow, Inc., Arlington, VA.

Developed curriculum and provided training on HIV/AIDS monitoring and evaluation to Ministry of Health staff from 8 countries.

TvT Associates, SYNERGY Designed $20+ million comprehensive HIV/AIDS Project, Washington, DC. strategy for USAID Ukraine and USAID Russia.

Mar 2002 – June 2003 Apr 2002 – June 2003 Dec. 2002 – June 2003 Dec. 2001 – April 2003

PACT, Washington, DC.

Designed outcome and impact evaluation of HIV behavioral intervention project.

Encompass LLC, Bethesda, Designed evaluation of World Bank health sector

MD.

reform training.

June 2002 January – May 2002

U of Washington, Center for Health Education and Research.
Family Health International, Arlington, VA.

Developed guidelines and training materials for monitoring and evaluating HIV/AIDS programs.

April – May 2002

Analyzed HIV-related behavioral surveillance results Sept 1998 – Mar 2002 from studies in Honduras, Nigeria, Ghana, and Senegal.

Datex Inc., Falls Church, VA.

Provided expert review for USAID-funded HIV/AIDS behavioral intervention grants competition.

May– Jun 2001 Jan – Feb 2000

PLAN International

Designed and implemented quantitative and

Bamako, Mali and Arlington, qualitative evaluation of HIV/AIDS program and

VA.

developed $6 million follow-on program.

Ministry of Health, Kingston, Jamaica.

Analyzed behavioral surveillance results and facilitated workshop examining HIV trends.

May – Dec 2000 Oct 1998

Eli Lilly Foundation, Diabetes Control Program, Accra, Ghana.
Carter Center, Niger Guinea Worm Eradication Program, Zinder, Niger.

Designed and implemented outcome and impact evaluation of diabetes prevention and care program.
Designed and implemented outcome and impact evaluation of guinea worm eradication program.

Sept 1996
Mar – May 1995
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PEER REVIEW JOURNAL PUBLICATIONS

1

Kotellos KA, Amon JJ, Githens Benazerga W. Field Experiences: measuring capacity building

efforts in HIV/AIDS prevention programmes. AIDS 1998; 12 (supl 2):109-17.

2

Figueroa JP, Brathwaite AR, Wedderburn M, Ward E, Lewis-Bell K, Amon JJ, Williams Y,

Williams E. Is HIV/STD control in Jamaica making a difference? AIDS 1998; 12 (supl 2):S89-

S98.

3

Hayman JR, Hayes SF, Amon J, Nash TE. Developmental expression of two spore wall proteins

during maturation of the microsporidian Encephalitozoon intestinalis. Infect Immun 2001;

69(11):7057-66.

4

Amon JJ. Preventing HIV Infections in Children and Adolescents in Sub-Saharan Africa through

Integrated Care and Support Activities. African Journal on AIDS Research. 2002; 1(2):143-9.

5

Gourley IS, Kurtis JD, Kamoun M, Amon JJ, Duffy PE. Profound bias in interferon-gamma and

interleukin-6 allele frequencies in an area of western Kenya where severe malarial anemia is

common in children. Journal of Infectious Disease. 2002; 186(7):1007-12.

6

Wheeler C, Vogt T, Armstrong GL, Vaughan G, Weltman A, Nainan OV, Dato V, Xia G, Waller

K, Amon J, Lee TM, Highbaugh-Battle A, Hembree C, Evenson S, Ruta MA, Williams IT, Fiore

AE, Bell BP. A Foodborne Outbreak of Hepatitis A in Pennsylvania Associated with Green

Onions. New England Journal of Medicine 2005, 353(9):890-7.

7

Amon JJ, Nedsuwan S, Chantra S, Bell BP, Dowell SF, Olsen SJ, Wasley A. Trends in Liver

Cancer, Sa Kaeo Province, Thailand. Asian Pacific Journal of Cancer Prevention 2005, 6(3):382-

6.

8

Amon JJ, Devasia R, Xia G, Nainan OV, Hall S, Lawson B, Wolthuis JS, Macdonald PD,

Shepard CW, Williams IT, Armstrong GL, Gabel JA, Erwin P, Sheeler L, Kuhnert W, Patel P,

Vaughan G, Weltman A, Craig AS, Bell BP, Fiore A. Molecular Epidemiology of Foodborne

Hepatitis A Outbreaks in the United States, 2003. Journal of Infectious Disease. 2005 Oct

15;192(8):1323-30.

9

Amon JJ, Drobeniuc J, Bower W, Magaña JC, Escobedo MA, Williams IT, Bell BP, Armstrong

GL. Locally Acquired Hepatitis E Virus Infection, El Paso, TX. Journal of Medical Virology 2006,

78(6):741-6.

10 Amon JJ, Darling N, Fiore AE, Bell BP, Barker LE. Factors Associated with Hepatitis A Vaccination among Children 24-35 Months in the U.S., 2003. Pediatrics 2006, 117(1):30-3.

11 Ryan JR, Stoute JA, Amon J, Dunton RF, Mtalib R, Koros J, Owour B, Luckhart S, Wirtz RA, Barnwell JW, Rosenberg R. Evidence for Transmission of Plasmodium Vivax among a Duffy Antigen Negative Population in Western Kenya. American Journal of Tropical Medicine and Hygiene. 2006 75(4):575-81.

12 Kippenberg J, Baptiste J, Amon JJ. Detention of Insolvent Patients in Burundian Hospitals. Health Policy and Planning. 2008; Jan;23(1):14-23.

13 Amon JJ. Dangerous Medicines: Unproven AIDS Cures and Counterfeit Antiretroviral Drugs. Globalization and Health. 2008; Feb 27;4:5.

14 Amon JJ, Garfein R, Adieh-Grant L, Armstrong GL, Ouellet LJ, Latka MH, Vlahov D, Strathdee SA, Hudson SM, Kerndt P, Des Jarlais D, Williams IT. Prevalence of HCV infection among injecting drug users in 4 U.S. cities at 3 time periods, 1994 – 2004. Clinical Infectious Diseases. 2008, Jun 15;46(12):1852-8.

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15 Cohen JE and Amon JJ. Health and human rights concerns of drug user in detention in Guangxi, China. PLoS Medicine. 2008, Dec 9;5(12):e234.
16 Amon JJ and Todrys K. Fear of Foreigners: HIV-related restrictions on entry, stay, and residence. Journal of the International AIDS Society. 2008, Dec 16;11:8..
17 Amon JJ and Kasambala T. Structural Barriers and Human Rights Related to HIV Prevention and Treatment in Zimbabwe. Global Public Health. 2009, Mar 26:1-17.
18 Amon JJ and Todrys K. Access to Antiretroviral Treatment for Migrant Populations in the Global South. SUR: International Journal on Human Rights. 2009, 6 (10), 162-187.
19 Todrys K. and Amon JJ. Within but Without: Human Rights and Access to HIV Prevention and Treatment for Internal Migrants. Globalization and Health. 2009, 5, 17.
20 Hafkin J, Gammino VM, Amon JJ. Drug Resistant Tuberculosis in Sub-Saharan Africa. Current Infectious Disease Reports 2010, 12(1), 36-45.
21 Lohman D, Schleifer R, Amon JJ. Access to Pain Treatment as a Human Right. BMC Medicine. 2010 Jan 20;8(1):8.
22 Jurgens R, Csete J, Amon JJ, Baral S, Beyrer C. People who use drugs, HIV, and human rights. Lancet 2010 Aug 7;376(9739):475-85.
23 Thomas L, Lohman D, Amon J. Access to pain treatment and palliative care: A human rights analysis. Temple International and Comparative Law Journal. Spring 2010. 24, 365
24 Todrys K*, Amon JJ*, Malembeka G, Clayton M. Imprisoned and imperiled: access to HIV and TB prevention and treatment, and denial of human rights, in Zambian prisons. Journal of the International AIDS Society 2011, 14:8. (*co-first authors)
25 Todrys K, Amon JJ. Health and human rights of women imprisoned in Zambia. BMC International Health and Human Rights 2011, 11:8.
26 Todrys K, Amon JJ. Human rights and health among juvenile prisoners in Zambia. International Journal of Prisoner Health, 2011, 7(1):10-17.
27 Barr D, Amon JJ, Clayton M. Articulating a rights-based approach to HIV treatment and prevention interventions. Current HIV Research, 2011, 9, 396-404.
28 Granich R, Gupta S, Suthar AB, et al. (Amon J, as member of the ART in Prevention of HIV and TB Research Writing Group) Antiretroviral therapy in prevention of HIV and TB: update on current research efforts. Current HIV Research, 2011 9, 446-69.
29 Jones L, Akugizibwe P, Clayton M, Amon JJ, Sabin ML, Bennett R, Stegling C, Baggaley R, Kahn JG, Holmes CB, Garg N, Obermeyer CM, Mack CD, Williams P, Smyth C, Vitoria M, Crowley S, Williams B, McClure C, Granich R, Hirnschall G. Costing human rights interventions as a part of universal access to HIV treatment and care in a Southern African setting. Current HIV Research, 2011, 9, 416-428.
30 Todrys KW, Amon JJ. Criminal Justice Reform as HIV and TB Prevention in African Prisons. PLoS Medicine, 2012, 9(5): e1001215.
31 Biehl J, Amon JJ, Socal MP, Petryna A. Between the court and the clinic: Lawsuits for medicines and the right to health in Brazil. Health and Human Rights Journal. June 2012, 12(6).
32 Amon JJ, Beyrer C, Baral S., Kass N. Human Rights Research and Ethics Review: Protecting Individuals or Protecting the State? PLoS Med 9(10): e1001325. Oct 2012
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33 Dekker AM, Amon JJ, le Roux KW, Gaunt CB. What is Killing Me Most: Chronic Pain and the Need for Palliative Care in Eastern Cape, South Africa. Journal of Pain and Palliative Care Pharmacotherapy. 2012;26:1–7.
34 Amon JJ, Buchanan J, Cohen J, Kippenberg J. Child Labor and Environmental Health: Government Obligations and Human Rights. International Journal Pediatrics. 2012, #938306
35 Cohen JE, Amon JJ. China’s Lead Poisoning Crisis. Health and Human Rights Journal. 2012: Dec 15;14(2):74-86
36 Todrys KW, Howe E, Amon JJ. Failing Siracusa: Governments’ Obligations to Find the Least Restrictive Options for Tuberculosis Control. Public Health Action. 2013: 3(1):7-10.
37 Amon JJ, Schleifer R, Pearshouse R, Cohen JE. Compulsory Drug Detention Centers in China, Cambodia, Vietnam and Lao PDR: Health and Human Rights Abuses. Health and Human Rights Journal. December 2013.
38 Amon JJ, Schleifer R, Pearshouse R, Cohen JE. Compulsory Drug Detention in East and Southeast Asia: Evolving Government, UN and Donor Responses. International Journal of Drug Policy 2014: 25(1):13-20.
39 Denholm JT, Amon JJ, O’Brien R et al. Attitudes towards involuntary incarceration for tuberculosis: a survey of Union members. International Journal of Tuberculosis and Lung Disease 2014: 18(2):155-9.
40 Amon JJ, Wurth M, McLemore M. Evaluating Human Rights Advocacy: A Case Study on Criminal Justice, HIV and Sex Work. Health and Human Rights Journal 17/1. March 2015.
41 Lohman D, Amon JJ. Evaluating a Human Rights-Based Advocacy Approach to Expanding Access to Pain Medicines and Palliative Care: Global Advocacy and Case Studies from India, Kenya, and Ukraine. Health and Human Rights Journal 17/2. Dec 2015.
42 Meier BM, Gelpi A, Kavanagh MM, Forman L, Amon JJ. Employing Human Rights Frameworks to Realize Access to an HIV Cure. J Int AIDS Soc. 18(1):20305.
43 Biehl J, Socal M, Amon JJ. The Judicialization of Health and the Quest for State Accountability: Evidence from 1,262 Lawsuits for Access to Medicines in Southern Brazil. Health and Human Rights Journal 18/1. June 2016.
44 Rich JD, Beckwith CG, Macmadu A, Marshall BD, Brinkley-Rubinstein L, Amon JJ, Milloy MJ, King MR, Sanchez J, Atwoli L, Altice FL. Clinical care of incarcerated people with HIV, viral hepatitis, or tuberculosis. The Lancet. 2016 Jul 14.
45 Dolan K, Wirtz AL, Moazen B, Ndeffombah M, Galvani A, Kinner SA, Courtney R, McKee M, Amon JJ, Maher L, Hellard M. Global burden of HIV, viral hepatitis, and tuberculosis in prisoners and detainees. The Lancet. 2016 Jul 14.
46 Rubenstein LS, Amon JJ, McLemore M, Eba P, Dolan K, Lines R, Beyrer C. HIV, prisoners, and human rights. The Lancet. 2016 Jul 14.
47 Telisinghe L, Charalambous S, Topp SM, Herce ME, Hoffmann CJ, Barron P, Schouten EJ, Jahn A, Zachariah R, Harries AD, Beyrer C, Amon JJ. HIV and tuberculosis in prisons in sub-Saharan Africa. The Lancet. 2016 Jul 14.
48 Beletsky L, Arredondo J, Werb D, Vera A, Abramovitz D, Amon JJ, Brouwer KC, Strathdee SA, Gaines TL. Utilization of Google enterprise tools to georeference survey data among hard-toreach groups: strategic application in international settings. International Journal of Health Geographics. 2016 Jul 28;15(1):24.
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49 Doyle KE, El Nakib SK, Rajagopal MR, S Babu, G Joshi, V Kumarasamy, P Kumari, P Chaudhri, S Mohanthy, D Jatua, D Lohman, Amon JJ, G Palat. Predictors and prevalence of pain and its management in four regional cancer hospitals in India. Journal of Global Oncology. (2017): JGO2016.
50 Hamdi H, Ba O, Niang S, Ntizimira C, Mbengue M, Coulbary AS, Niang R, Parsons M, Amon JJ, Lohman D. Palliative Care Need and Availability in Four Referral Hospitals in Senegal: Results from a Multi-Component Assessment. Journal of Pain and Symptom Management. 2017 Dec 7.
51 Traoré L, Dembele B, Keita M, Reid S, Dembéle M, Mariko B, Coulibaly F, Goldman W, Traoré D, Coulibaly D, Guindo B, Amon JJ, Knieriemen M, Zhang Y. Prevalence of trachoma in the Kayes region of Mali eight years after stopping mass drug administration. PLoS neglected tropical diseases. Feb 2018;12(2):e0006289.
52 Biehl J, Socal MP, Gauri V, Diniz D, Medeiros M, Rondon G, Amon JJ. Judicialization 2.0: Understanding right-to-health litigation in real time. Global Public Health. May 2018 22:1-0.
53 Sun N and Amon JJ. Addressing Inequity: Neglected Tropical Diseases and Human Rights. Health and Human Rights Journal. June 2018.
54 Amon JJ, Addiss D. “Equipping Practitioners”: Linking Neglected Tropical Diseases and Human Rights. Health and Human Rights Journal. June 2018.
55 Géopogui A, Badila CF, Baldé MS, Nieba C, Lamah L, Reid SD, Yattara ML, Tougoue JJ, Ngondi J, Bamba IF, Amon JJ. Baseline trachoma prevalence in Guinea: Results of national trachoma mapping in 31 health districts. PLoS neglected tropical diseases. June 2018; 12(6):e0006585.
56 Coltart CE, Hoppe A, Parker M, Dawson L, Amon JJ, Simwinga M, Geller G, Henderson G, Laeyendecker O, Tucker JD, Eba P. Ethical considerations in global HIV phylogenetic research. The Lancet HIV. Aug 2018
57 Amon JJ, Eba P, Sprague L, Edwards O, Beyrer C. Defining rights-based indicators for HIV epidemic transition. PLoS medicine. Dec 2018; 15(12):e1002720.
58 Bah YM, Bah MS, Paye J, Conteh A, Saffa S, Tia A, Sonnie M, Veinoglou A, Amon JJ, Hodges MH, Zhang Y. Soil-transmitted helminth infection in school age children in Sierra Leone after a decade of preventive chemotherapy interventions. Infectious diseases of poverty. 2019 Dec;8(1):41.
59 Addiss DG, Amon JJ. Apology and Unintended Harm in Global Health. Health and Human Rights. 2019 Jun;21(1):19.
60 Socal MP, Amon JJ, Biehl J. Institutional Determinants of Right-to-Health Litigation: The Role of Public Legal Services on Access to Medicines in Brazil. Global Public Health. (in press)
61 Ward E, Hannass-Hancock J, Amon JJ. Invisible: The Exclusion of Persons with Disabilities from HIV Research and National Strategic Plans in East and Southern Africa. (Article: submitted)
BOOK CHAPTERS
1 Amon J. Africa, Southern in: Encyclopedia of AIDS, Ray Smith, ed. Chicago: Fitzroy Dearborn Publishers, 1998.
2 Amon JJ, Kotellos KA, Githens Benazerga W. Evaluating Capacity Building. HIV/AIDS Prevention and Control Synopsis Series. Family Health International, Arlington, VA: 1997.
3 Amon JJ, Saidel TJ, Mills S. Behavioral Surveillance Survey Methodology: Experiences from Senegal and India. WHO/UNAIDS Best Practices Series. WHO/UNAIDS. Geneva, June 2000.
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4 Amon J, Brown T, Hogle J, MacNeil J, et al. Behavioral Surveillance Surveys: Guidelines for repeated behavioral surveys in populations at risk of HIV. FHI/IMPACT, USAID, DFID Publication. August 2000.
5 Kolars-Sow C, Saidel T, Hogle J, Amon J, Mills S. Indicators and questionnaires for behavioral surveys. In: Rehle T, Saidel T, Mills S, and Magnani R., (eds.) Evaluating Programs for HIV/AIDS Prevention and Care in Developing Countries: A Handbook for Program Managers and Decision Makers. Family Health International, Arlington, VA. August 2001.
6 Amon JJ, Bond KC, Brahmbhatt MN, et al. Bellagio Principles on Social Justice and Influenza. Johns Hopkins. Berman Institute of Bioethics. July 2006.
7 Cohen J. and Amon J. Governance, Human Rights and Infectious Disease: Theoretical, Empirical and Practical Perspectives. in: K.H. Mayer and H. F. Pizer, (eds.) Social Ecology of Infectious Diseases. New York: Academic Press. December 2007.
8 Amon J. High Hurdles for Health. In: M. Worden (ed.) China’s Great Leap: The Beijing Games and Olympian Human Rights Challenges. Seven Stories Press. May 2008.
9 Amon J. Preventing the Further Spread of HIV/AIDS: The Essential Role of Human Rights. In: N. Sudarshan (ed.) HIV/AIDS, Health Care and Human Rights Approaches. Amicus Books. Jan 2009.
10 Amon J. Abusing Patients. In: Human Rights Watch, 2010 World Report. New York: Seven Stories Press. Jan 2010.
11 Amon JJ and Kasambala T. Structural barriers and human rights related to HIV prevention and treatment in Zimbabwe. In: M. Seglid and T. Pogge (eds) Health Rights. London: Ashgate. Oct 2010.
12 Amon JJ. HIV and the Right to Know: Whose right to know what? The discourse of human rights in the global HIV response. In: J. Biehl and A. Petryna (eds.) "When people come first: Anthropology and social innovation in global health". Princeton: Princeton University Press. July 2013.
13 Amon JJ. Health Security and/or Human Rights? In: S Rushton and J Youde (eds) “Routledge Handbook of Health Security”. New York: Routeledge. August 2014.
14 Amon JJ and Friedman E. Human Rights Advocacy for Global Health. In: LO Gostin and BM Meier (eds) “Foundations of Global Health & Human Rights”. New York: Oxford University Press. 2020
EDITORIAL/COMMENT
1 Amon J. The Continued Challenge Posed by HIV-Related Restrictions on Entry, Stay, and Residence. HIV/AIDS Policy and Law Review. 2008, 13(2/3).
2 Biehl J, Petryna A, Gertner A, Amon JJ, Picon PD. Judicialization of the Right to Health in Brazil. Lancet. 2009, 373(9682):2182-4.
3 Amon JJ, Girard F, Keshavjee S. Limitations on human rights in the context of drug-resistant tuberculosis: A reply to Boggio et al. Health and Human Rights. 2009, 11(1).
4 Thomas L, Lohman D, Amon J. Doctors take on the state: championing patients' right to pain treatment. Int J Clin Pract. 2010, 64(12):1599-600.
5 Amon J. HIV Treatment as Prevention – Human Rights Issues. Journal of the International AIDS Society. 2010, 13(Suppl 4):O15
6 Amon JJ. Hepatitis in Drug Users: Time for Attention, Time for Action. Lancet, 2011, 378(9791):543-4
7 Amon J, Lohman D. Denial of Pain Treatment and the Prohibition of Torture, Cruel, Inhuman or Degrading Treatment or Punishment. Interrights Bulletin, 2011, Vol 16: 4.
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8 Amon J. Justice Delayed, Health Denied. The Scientist. June, 2012.
9 Kyoma M, Todrys KW, Amon JJ. Laws against sodomy and the HIV epidemic in African prisons. Lancet, 2012, 380 (9839): 310 - 312
10 Pearshouse R, Amon JJ. The Ethics of Research in Compulsory Drug Detention Centers in Asia. Journal of the International AIDS Society. 2012, 15:18491
11 Wurth MH, Schleifer R, McLemore M, Todrys KW, Amon JJ. Condoms as Evidence of Prostitution in the US and the Criminalization of Sex Work. Journal of the International AIDS Society. 16(1): 10.7448/IAS.16.1.18626.
12 Amon JJ. Political Epidemiology of HIV. Journal of the International AIDS Society. 2014, 17:19327
13 Amon JJ. Law, Human Rights and Health Databases: A roundtable discussion. Health and Human Rights Journal. September 2014.
14 Otremba M, Berland G, Amon JJ. Hospitals as Debtor Prisons. The Lancet Global Health. 3, 5: e253–e254, May 2015.
15 Beyrer C, Kamarulzaman A, McKee M, for the Lancet HIV in Prisoners Group (incl. Amon JJ). Prisoners, prisons, and HIV: time for reform. The Lancet. 2016 Jul 14.
16 Amon JJ. The impact of climate change and population mobility on neglected tropical disease elimination. International Journal of Infectious Diseases 53 (2016): 12.
17 Amon JJ. WHO Focus on Human Rights: Will it Extend to Neglected Tropical Diseases? Health and Human Rights Journal. Nov 2017.
18 Groves, A, Maman S, Stankard PH, Gebrekristos LT, Amon JJ, Moodley D. Addressing the unique needs of adolescent mothers in the fight against HIV. Journal of the International AIDS Society.
19 Amon JJ, Sun N. Subverting Rights: Addressing the Increasing Barriers to Reproductive Rights. Health and Human Rights Journal. May 2018.
20 Biehl J, Amon JJ. The Right to Remedies: On Human Rights Critiques and Peoples’ Recourses. Humanity Journal. Oct 2019
21 Williams C, Amon JJ, Bassett MT, Roux AV, Farmer PE. 25 Years: Exploring the Health and Human Rights Journey. Health and Human Rights. 2019 Dec;21(2):279.
22 Amon JJ, Sun N. HIV, human rights and the last mile. Journal of the International AIDS Society. 2019 Dec 1;22(12).
23 Amon JJ. Ending discrimination in healthcare. Journal of the International AIDS Society. 2020 Feb;23(2).
LETTERS
1 Amon JJ. The HIV/AIDS Epidemic in Ukraine: stable or still exploding? Sexually Transmitted Infections. 2003 79(3):263-4.
2 Lohman D, Amon JJ. HIV Testing. Lancet. 2008 Feb 16;371(9612):557-8.
3 Root B, Levine I, Amon JJ. Counting and Accountability. Lancet. 2008 Jan 12;371(9607):113.
4 Tarantola D, Amon J, Zwi A, Gruskin S, Gostin L. H1N1, public health security, bioethics, and human rights. Lancet. 2009 Jun 20;373(9681):2107-8
5 Hsieh A, Amon JJ. Ratification of human rights treaties: the beginning not the end. Lancet. 2009 Aug 8;374(9688):447
6 Amon J, Lohman D, Thomas L. Access to pain treatment a luxury for most. Lancet 2009 Nov 14; 374:1676
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7 Amon J. Harm reduction and the Catholic Church. Conscience. Winter 2010.
8 Amon J. Human Rights Abuses, Ethics, and the Protection of Subjects When Conducting Research on Intravenous Drug Users in China. JAIDS: Journal of Acquired Immune Deficiency Syndromes. June 2011.
9 Cohen EJ, Amon JJ. Lead Poisoning in China. Lancet, 2011, 378(9803):e3.
10 Amon JJ. Chinese Addiction Study and Human Rights. Science, 2012, 337:522-523.
11 Pearshouse R and Amon JJ. Human Rights and HIV Interventions in Chinese Labour Camps. Sex Transm Infect. doi:10.1136/sextrans-2015-052193
12 Biehl J, Amon JJ, Socal M, Petryna A. The Challenging Nature of Gathering Evidence and Analyzing the Judicialization of Health in Brazil. Cadernos de Saúde Pública. July 2016.
13 Biehl J, Socal M, Amon JJ. On the Heterogeneity and Politics of the Judicialization of Health in Brazil. Health and Human Rights Journal. Dec 2016.
14 Amon J. Re: Attacks on Ebola Health Workers in the Democratic Republic of Congo. New York Times. May 23, 2019.
15 Rubenstein L, Amon JJ. Global health, human rights, and the law. The Lancet. 2019 Nov 30;394(10213):1987-8.

OPINION

1

Empowering Women and Realizing Rights. Toronto Star. August 11, 2006

2

Why We Need an International AIDS Conference. Toronto Globe and Mail. August 15, 2006

3

Curb HIV infection rates in Texas prisons. Austin American Statesman. May 10, 2007

4

Diagnosis and Prescriptions. Foreign Affairs. May/June 2007

5

The Bush Policy On AIDS. Huffington Post. July 26, 2007

6

Saudi Move on HIV/AIDS will make the epidemic worse. Saudi Debate. Oct 24, 2007

7

How not to fight HIV/Aids. The Guardian. Jan 28, 2008

8

Blaming Foreigners. The Korea Times. March 12, 2009

9

Progress against HIV at risk. Phnom Penh Post. November 16, 2009

10 HIV Travel Bans: Small Steps, Big Gaps. Huffington Post. January 11, 2010

11 Don't Improve Drug Detention: End It. Huffington Post. January 15, 2010

12 Torture in health care. Huffington Post. January 22, 2010

13 Treatment or punishment? Bangkok Post. January 24, 2010

14 Rights abuses threaten HIV risk. Phnom Penh Post. January 27, 2010

15 Cambodian drug rehab centers: Abusive, illegal, ineffective. The Nation (Bangkok). Jan 27 2010

16 Drug dependence is not a moral issue. Phnom Penh Post. January 29, 2010

17 Condoms and Bibles. The National (PNG). February 8, 2010

18 Chronic Pain and Torture. Huffington Post. February 23, 2010

19 Invisible Women. Huffington Post. March 8, 2010

20 How Not to Protect Children. Phnom Penh Post. March 8, 2010 21 Choam Chao needs independent investigation. Phnom Penh Post. March 24, 2010

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Case 2:20-cv-00496-CB-CRE Document 18-3 Filed 04/09/20 Page 26 of 33
22 March 24 Is World Tuberculosis Day. Huffington Post. March 24, 2010 23 Who Will Defend Children in Cambodian Drug Rehab Centres? The Nation. March 31, 2010 24 Holiday in Cambodia? Huffington Post. April 6, 2010 25 When the Government Sponsors Stigma. Huffington Post. April 27, 2010 (with M. McLemore) 26 Zambia’s TB-ridden prisons. The Guardian. April 27, 2010 27 Chinese Corruption Is Hazardous to Your Health. Asia Wall Street Journal. May 13, 2010 28 Why the Vietnamese Don’t Want to Go to Rehab. Foreign Policy. May 28, 2010 29 Aids and TB are breaking out of prisons. East African. June 7, 2010 30 Uganda AIDS Policy: from Exemplary to Ineffective. The Observer (Kampala) June 24, 2010 31 When a Problem Comes Along, You Must Whip It. Huffington Post. June 26, 2010 32 Action not Rhetoric on HIV and Human Rights. Huffington Post. July 2, 2010 33 The Truth About China's Response to HIV/AIDS. Los Angeles Times. July 11, 2010 34 HIV Behind Bars. The Post (Lusaka). July 11, 2010 35 HIV and Human Rights: Here and Now? Huffington Post. July 19, 2010 36 The HIV and TB Prison Crisis in Southern Africa. Huffington Post. July 23, 2010 37 Jailing TB patients not remedy for the disease. The Star (Nairobi). Sept 17, 2010 38 Rights and Health, Right Now, for Migrants. Africa Now (Tokyo). October 2010 (with Kanae Doi) 39 Why Democracies Don't Get Cholera. Foreign Policy. October 25, 2010. 40 The Beginning of the End for the War on Drugs? San Francisco Chronicle. November 21, 2010 41 Rights Abuses Belie Success in AIDS Fight. South China Morning Post. December 1, 2010 42 World AIDS Day: Prevention, Treatment for Prisoners. Zambia Post. December 1, 2010 43 Lead poisoning in Nigeria: unprecedented. Global Post. December 2, 2010 44 China is hurting its future by not acting on lead. South China Morning Post. June 20, 2011 45 Hard life in Ugandan prisons. The Independent (Uganda). July 8. 2011 46 'Utterly Irresponsible': Donor Funding in Drug 'Treatment' Centers. Huff. Post. Sept 14, 2011 47 National Cashew Day: More Than Nuts. Global Post. October 3, 2011 48 A centre for abuse and beating. The Nation (Bangkok). October 11, 2011 49 Laos’ Murky War on Drugs. The Diplomat. October 12, 2011 50 One AIDS march that should end. Washington Blade. October 28, 2011 51 Seoul’s Broken Promises on HIV Testing. The Diplomat. June 29, 2013 52 Drug treatment centres give more abuse than therapy. Bangkok Post. December 18, 2013 53 Enlightened drug policies emerge globally, Cambodia remains rigid. Global Post. Jan 9, 2014 54 Health Under Attack. HRW Dispatch. May 19, 2014 (with Jennifer Pierre) 55 Canada's prostitution bill a step in the wrong direction. Ottawa Citizen. June 18, 2014 55 In The HIV Response, Who is ‘Hard to Reach’? HRW Dispatch. July 23, 2014 56 Defeating AIDS. HRW Dispatch. June 30, 2015 57 How not to handle Ebola. CNN. September 12, 2014
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Case 2:20-cv-00496-CB-CRE Document 18-3 Filed 04/09/20 Page 27 of 33
58 Taking Care of the Caregivers. HRW Dispatch. December 17, 2014
59 Alert in a Time of Cholera. HRW Dispatch. March 26, 2015
60 Stop Using Hospitals as Debtor Prisons. HRW Dispatch. April 14, 2015
61 COP21: The Impact of Climate Change on the World’s Marginalized Populations: Turkana County, Kenya. Health and Human Rights Journal Blog. October 27, 2015. (with Katharina Rall)
62 An Important, but Imperfect, Agreement by an Unprecedented Coalition. US News and World Report. December 18, 2015
63 Health workers are under attack around the world. Here’s how bad it’s getting. Philadelphia Inquirer. May 28, 2019. (with Jennifer Taylor)
INVITED PRESENTATIONS (SELECT)
1 Surveillance design and evaluation approach of the Togo Guinea Worm Eradication Program. III West African Guinea Worm Eradication Conference, Abidjan, Cote d’Ivoire, November 1993.
2 Knowledge, attitudes and behaviors related to Guinea Worm Eradication, Togo. IV West African Guinea Worm Eradication Conference, Ouagadougou, Burkina Faso, October 1994.
3 Synthesis of evaluation results from the AIDSCAP project: 1992-1996. HIV/STD/AIDS National Forum, Port-au-Prince, Haiti, June 3-5, 1996. Research and Evaluation Panel Chair.
4 International Trends in HIV-Risk Related Behavior Change. National Conference on HIV/AIDS, Kingston, Jamaica, November 25-26, 1996.
5 HIV/AIDS and Adolescents in Ukraine. Ukrainian-American Medical Society Annual Meeting. Philadelphia, PA, May 2003.
6 Expanding HIV testing and respecting rights. International conference on HIV/AIDS and Human Rights. Smolny College. St Petersburg, Russia. October 2005.
7 HIV in Conflict Settings. Joint Congressional Human Rights Caucus meeting. Washington DC. March 2006.
8 Reflections and recollections. Masters Internationalist - US Peace Corps Symposium. Washington DC. April 2006. (Keynote)
9 Civil Society Participation in the Response to HIV/AIDS and Accountability. Presented in panel 1: Breaking the cycle of infection for sustainable AIDS responses. United Nations General Assembly Special Session on HIV/AIDS. New York. June 2006.
10 HIV testing and human rights. Public Health Agency of Canada Meeting on HIV Testing. Toronto. August 2006.
11 Hot Topics in Human Rights. XVI International AIDS Conference. Toronto. August 2006.
12 Burma, HIV and Human Rights. Asia Society. New York. September 2007.
13 HIV and Youth. 12th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium. New York University. New York. October 2007.
14 HIV testing: human rights considerations. Funders Network on Population, Reproductive Health and Rights. Annual Meeting, San Antonio, TX. October 2007.
15 Human Rights and Epidemic Disease: TB control and constraints on rights. Human Rights Funders Group. Annual Meeting. New York, NY. July 2008.
16 Promoting Public Health and Human Rights in MDR-TB Care. International Union against Lung and Tuberculosis Disease. Paris, France. October 2008.
17 Public Health and Human Rights: Challenges around the World. New York Academy of Sciences and Johns Hopkins School of Public Health Conference on Public Health and Human Rights. New York, NY. Dec 2008.
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Case 2:20-cv-00496-CB-CRE Document 18-3 Filed 04/09/20 Page 28 of 33
18 Human Rights and Anti-Narcotics Policy. UN General Assembly, Special Session on Drugs. Vienna, Austria. March 2009.
19 Rights-based approaches to health. Interaction Annual Meeting. Arlington, VA. July 2009. (panel moderator)
20 Health and Human Rights: New orthodoxies and on-going conflicts in repressive states. Stanford University, Palo Alto, CA. October 2010.
21 HIV in Asia. Asia Society. December 1, 2010. 22 HIV Rights and Wrongs. GlobeMed National Conference. Northwestern University, Chicago, IL.
April 2011. (Keynote) 23 Human Rights Perspective. International Workshop on Treatment as Prevention. Vancouver,
Canada. May 2011. 24 Sustaining Environmental, Occupational and Public Health and Community Security: Lead
Poisoning in China and Nigeria. 12th National Conference on Science, Policy and the Environment. Washington, DC. January 2012. 25 Health and Human Rights in Prisons. European Infectious Disease meeting. Italy. September 2012. (Keynote) 26 Measuring Violence against Children and the Effectiveness of Violence Prevention and Reduction Initiatives. Columbia University. October 2013. (Panel Discussion Moderator) 27 Political Epidemiology of HIV. HIV 2014: Science, Community and Policy for Key Vulnerable Populations. New York Academy of Sciences. May 2014. 28 On the Radar: Police Brutality, Politics & Public Health. Princeton University. March 2015. 29 Global Inequalities of Wealth and Health. Bernstein Institute for Human Rights Annual Conference. New York University School of Law. April 2015. 30 Environmental and occupational health and human rights. Health and Human Rights Principles and Pedagogy. Florence, Italy. June 2015. 31 Interviewing Victims of Human Rights Abuses. Buzzfeed. New York. June 2015. 32 Global Health and Governance. Brookings Institution. May 2016. 33 Access to pain medicine and human rights. O'Neill Institute Health Rights Litigation. June 2016 33 The Morbidity Management and Disability Prevention Project. Global Alliance for Elimination of Trachoma 2020. Geneva, Switzerland. April 2017. 34 Human Rights and Phylogenetic Analysis. Ethics of Phylogenetics. Gates Foundation, UNAIDS, National Institutes for Health. London, UK. May 2017. 35 Judicialization and access to medicines in Brazil. O'Neill Institute Health Rights Litigation. Washington DC. June 2016. 36 Implementing health related SDGs through a human rights perspective. United Nations Social Forum. Geneva. October 2017. 37 Indicators, Equity, Rights. Making the end of AIDS real: Consensus building around what we mean by “epidemic control”. Glion, Switzerland. October 2017.
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CONFERENCE PRESENTATIONS
1 Wedderburn M, Amon J, Samiel S, Brathwaite A, Figueroa P. Knowledge, attitudes, beliefs and practices (KABP) about HIV/AIDS among male STD clinic attendees in Jamaica. XI Latin American Congress on STIs/V Panamerican Conference on AIDS, Lima, Peru, December 3-7, 1997.
2 Amon J, Bolanos L, Gonzales MT, Zelaya A, Lopez C, Rodriguez J. Knowledge of, availability, and use of condoms among commercial sex workers in four cities in Honduras. XI Latin American Congress on STIs/V Panamerican Conference on AIDS, Lima, Peru, December 3-7, 1997.
3 Wedderburn M, Amon J, Samiel S, Brathwaite A, Figueroa P. Knowledge, attitudes, beliefs and practices (KABP) about HIV/AIDS among youth aged 12-14 in Jamaica. XII Int Conf AIDS. 1998; 12:191 (abstract no. 13527).
4 Wedderburn M, Amon J, Samiel S, Brathwaite A, Figueroa P. Behavioral explanations for elevated prevalence of HIV in St. James Parish, Jamaica. XII Int Conf AIDS. 1998; 12:216-7 (abstract no. 14171).
5 D’Angelo LA, Amon J, Lemos ME, Rebeiro MA, Gitchens W, Kotellos K. Evaluating capacity building of implementing agencies in the AIDSCAP Brazil project. XII Int Conf AIDS. 1998;12:945 (abstract no. 43503).
6 Saidel T, Mills S, Amon J, Rehle T. Behavioral Surveillance Surveys (BSS) on specific target groups: a valuable complement to standardized general population surveys. XII Int Conf AIDS. 1998;12:233 (abstract no.14256).
7 Essah KAS, Jackson D, Attafuah JD, Amon J, Yeboah KG. Findings from the 2000 behavioral surveillance survey in Ghana. XIV International AIDS Conference: Abstract no. C11062
8 Chatterji M, Murray N, Dougherty L, Alkenbrack S, Winfrey B, Amon J, Ventimiglia T, Mukaneza A. Examining the impact of orphanhood on schoolleaving among children aged 619 in Rwanda, Zambia, and Cambodia. XV Int Conf on AIDS, 2004 (Abstract WePeD6602).
9 Murray NJ, Chatterji M, Dougherty L, Winfrey B, Buek K, Amon J, Mulenga Y, Jones A. Examining the impact of orphanhood and duration of orphanhood on sexual initiation among adolescents ages 10-19 in Rwanda and Zambia. XV Int Conf on AIDS, 2004 (Abstract TuOrD1218).
10 Amon J, Devasia R, Xia G, et al. Molecular Epidemiologic Investigation of Hepatitis A Outbreaks, 2003. 4th International Conference on Emerging Infectious Disease, Atlanta, GA, March 2004.
11 Amon J, Devasia R, Xia G, et al. Multiple Hepatitis A Outbreaks Associated with Green Onions among Restaurant Patrons – Tennessee, Georgia, and North Carolina, 2003. 53rd EIS Conference, Atlanta, GA, April 2004. (Winner, Mackel Award)
12 Chatterji M, Murray N, Dougherty L, Ventimiglia T, Mukaneza A, Buek K, Winfrey B, Amon J. Examining the impact of orphanhood on schoolleaving among children aged 6-19 in Rwanda, Zambia, and Cambodia. International Union for the Scientific Study of Population XXV International Population Conference Tours, France, July, 2005.
13 Murray NJ, Chatterji M, Dougherty L, Mulenga Y, Jones A, Buek K, Winfrey B, Amon J.. Examining the impact of orphanhood and duration of orphanhood on sexual initiation among adolescents ages 10-19 in Rwanda and Zambia. International Union for the Scientific Study of Population. International Population Conference France, July, 2005.
14 Cohen J, Schleifer R, Richardson J, Kaplan K, Suwannawong P, Nagle J, Amon J. Documenting Human Rights Violations Against Injection Drug Users: Advocacy for Health. 17th International Conference on the Reduction of Drug Related Harm. May 2006. Vancouver.
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15 Schleifer R, Cohen J, Nagle J, Amon J. Injection Drug Users, Harm Reduction, and Human Rights in Ukraine. 17th International Conference on the Reduction of Drug Related Harm. May 2006. Vancouver, Canada.
16 Bencomo C, Amon J, Iordache R, Schleifer R, Asandi S, Bohiltea A, Bucata C, Terragni C, Velica L. How gaps in Romania’s social support undermine HIV/AIDS prevention and treatment for children and youth. XVI International AIDS Conference: Abstract no. MOPE0922. August 2006.
17 Tate T, Bencomo C, Lisumbu J, Mafu Sasa R, Schleifer R, Amon J. Local and cultural beliefs about HIV transmission fuel childrenīs rights abuses in the Democratic Republic of Congo (DRC). XVI International AIDS Conference: Abstract no. CDE0086. August 2006.
18 Cohen J, Epstein H, Amon J. Human rights implications of AIDS-affected children’s unequal access to education. XVI International AIDS Conference: Abstract no. TUAE0202. August 2006.
19 Schleifer R, Skala P, Lezhentsev K, Amon J. Rhetoric and risk: human rights abuses impeding Ukraine’s fight against HIV/AIDS. XVI International AIDS Conference: Abstract no. THAE0302. August 2006.
20 Amon, J. Using a Human Rights Framework to Examine HIV/AIDS Programs and Policies. Abstract #139834. American Public Health Association Annual Meeting. November 2006. Boston, MA.
21 Ngonyama L, Lohman D, Clayton M, Amon J. The Role of Lay Counselors in Expanding HIV Testing: Lesotho’s Know Your Status Campaign. Abstract 1631. 2008 HIV/AIDS Implementers Meeting. Kampala, Uganda. June 2008.
22 Lohman D, Ovchinnikova M, Amon J. The role of Russia’s drug dependence treatment system in fighting HIV. XVII International AIDS Conference: Abstract no. TUAX0102. August 2008.
23 Amon J. HIV-specific travel restrictions: human rights, legal and ethical considerations. XVII International AIDS Conference: Abstract no. TUSS0406. August 2008.
24 Lohman D, Ngonyama L, Clayton M, Amon J. Expanding HIV testing and human rights: Lesotho’s Know Your Status Campaign. XVII International AIDS Conference: Abstract no. TUPE0469. August 2008.
25 Cohen JE, Amon J. Human Rights abuses and threats to health: recent experiences of Chinese drug users in detoxification and re-education through labor centers in Guangxi Province. XVII International AIDS Conference: Abstract no. THPE1085. August 2008.
26 Amon J. Protecting the human rights of people at risk of and affected by TB. 3rd Stop TB Partners Forum, Rio March 2009
27 Amon J. Undocumented Migrants and Drug Users in Asia: Tuberculosis Care and Human Rights. 3rd Stop TB Partners Forum, Rio March 2009
28 Amon J. Protecting the rights of drug users in China. 20th International Conference of the International Harm Reduction Association meeting. April, 2009.
29 Lohman D, Amon J. Pain and Policy: The Battle with Needless Suffering. Unite for Sight, Yale University. April, 2009.
30 Amon J. HIV testing for hard-to-reach populations. In: New Strategies and Controversies in HIV Testing and Surveillance, International AIDS Society Conference. Cape Town, South Africa. July 2009.
31 Amon J. Human Rights context of routine testing. In: Maximizing the benefits of treatment for individuals and communities. International AIDS Society Conference. Cape Town, South Africa. July 2009.
32 Amon J. Scaling up HIV testing through scaling up human rights protections. In: Scaling up
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Biomedical Prevention and Treatment Interventions - The Critical Role of Social Science, Law and Human Rights. International AIDS Society Conference. Cape Town, South Africa. July 2009.
33 Amon J. HIV testing and human rights: competing claims and conflicting views. American Anthropological Association. Philadelphia, PA. December 2009.
34 Pearshouse R, Amon JJ. Engagement with compulsory drug detention centers: a legal and ethical framework. 21st International Conference of the International Harm Reduction Association meeting. April, 2010.
35 Lohman D, Tymoshevska V, Rokhanski A, Kotenko G, Druzhinina A, Schleifer R, Amon J. Availability and accessibility of opioid medications in Ukraine. XVIII International AIDS Conference. July 2010. Abstract no. MOAF0202
36 Jones L, Akugizibwe P, Amon J, et al. Human rights costing of ART for prevention. XVIII International AIDS Conference. July 2010. Abstract no. TUPE1033
37 Lemmen K, Wiessner P, Haerry DHU, Todrys K, Amon J. Deportation of HIV-positive migrants in 29 countries: impact on health and human rights. XVIII International AIDS Conference. July 2010. Abstract no. TUAF0101
38 McLemore M, Winter M, Amon J. Sentenced to stigma: segregation of HIV-positive prisoners. XVIII International AIDS Conference. July 2010. Abstract no. THPE0942
39 Todrys K, Malembeka G, Clayton M, McLemore M, Shaeffer R, Amon J. HIV and TB management in 6 Zambian prisons demonstrate improved but ongoing prevention, testing and treatment gaps. XVIII International AIDS Conference. July 2010. Abstract no. THPDX105 (Awarded prize for best abstract on HIV/TB integration)
40 Pearshouse R, Cohen JE, Amon J. Drug detention centers and HIV in China and Cambodia. XVIII International AIDS Conference. July 2010. Abstract no. MOAF0203
41 Lohman D, Palat G, Nair S, Amon J, Schleifer R. Palliative care: needs of and availability for people living with HIV in India. XVIII International AIDS Conference. July 2010.
42 Kippenberg J, Thomas L, Lohman D, Amon J. Children's access to HIV testing, treatment and palliative care in Kenya. XVIII International AIDS Conference. July 2010.
43 Lohman D, Thomas L, Amon J. Access to pain treatment and palliative care as a human right. XVIII International AIDS Conference. July 2010. Abstract no. WEPE0982.
44 Amon J. HIV and human rights. XVIII International AIDS Conference. July 2010.
45 Amon J. HIV treatment as prevention: human rights issues. HIV10 Conference. Glasgow, Scotland. November 2010.
46 Amon J. TB and human rights in Zambian prisons. IULTB. Berlin, Germany. Nov 2010.
47 Amon J. TB and Human Rights. IULTB. Berlin, Germany. November 2010. (panel chair)
48 Todrys K, Kwon S-R, Burnett M, Lamia M, Amon J. HIV and TB Prevention, Testing, and Treatment in 16 Ugandan Prisons. 6th IAS Conference on HIV Pathogenesis, Treatment and Prevention. Rome, July, 2011.
49 Pearshouse R, Amon J. Drug Detention Centers and HIV In Vietnam. 10th International Congress on AIDS in Asia. August, 2011.
50 Amon J. Reforms to protect health and rights in East African prisons. IULTB. Lille, France. Oct. 2011.
51 Amon J. Ethics and Human Rights in Publishing. (Meet the Editors session). XIX International AIDS Conference. July 2012.
52 Amon J. Balance Between Justice System and Provision of Services. XIX International AIDS Conference. Washington, DC. July 2012. (co-moderator)
53 Amon J. Advancing global health through human rights accountability. IV Consortium of
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Universities for Global Health. Washington, DC. March 2013. 54 Amon J. Enhanced HIV testing in the context of human rights. 8th IAS Conference on HIV
Pathogenesis, Treatment and Prevention. Vancouver, July 2015. 55 Beletsky L, Vera A, Gaines T, Arredondo J, Werb D, Bañuelos A, Rocha T, Rolon ML,
Abramovitz D, Amon J, Brower K, Strathdee SA. Utilization of Google Earth to Georeference Survey Data among People who Inject Drugs: Strategic Application for HIV Research. 8th IAS Conference on HIV Pathogenesis, Treatment and Prevention. Vancouver, July 2015. 56 Amon J. The impact of climate change and population mobility on neglected tropical disease elimination. International Meeting on Emerging Diseases and Surveillance (IMED). Vienna, Nov 2016. 57 Amon J. Getting to Zero: Lessons for NTD Elimination from Successful STH Control Programs. Neglected Tropical Disease NGO Network Annual Meeting. Dakar, Senegal, Sept 2017. (moderator) 58 Hoppe A, Coltart C, Parker M, Dawson L, Amon JJ, et al. Ethical Considerations in HIV Phylogenetic Research. 2018 International AIDS Conference. Amsterdam, Netherlands. 59 Amon J. Epidemic transition: How will we achieve it while ensuring equity and quality? 2018 International AIDS Conference. Amsterdam, Netherlands.
INVITED LECTURES
1 University of North Carolina School of Public Health (March 2006) 2 Duke University School of Public Policy (October 2006) 3 University of Chicago (October 2006) 4 University of Toronto Law School (November 2006) 5 Columbia University Law School (Dec 2006, 2007, 2009) 6 University of Denver School of International Affairs (March 2007) 7 Georgetown University Law School (April 2007) 8 Columbia University School of International and Public Affairs (Feb and Oct 2007) 9 University of Connecticut School of Law (April 2009) 10 New York University (January 2011, November 2014) 11 University of Zurich (September 2011) 12 Columbia University Mailman School of Public Health (Feb, Nov 2009; Dec 2013; Nov 2014,-15) 13 Yale University Law School (March 2013) 14 Johns Hopkins University Bloomberg School of Public Health (annually: May 2008-2019) 15 UCLA Law School (January 2014) 16 Stanford University Law & Medical Schools (January 2014) 17 University of Melbourne, Nossal Institute for Global Health (July 2014) 18 Fordham Law School (October 2014) 19 Northwestern University (November 2014; Nov 2015) 20 Dornsife School of Public Health, Drexel University (February 2018) 21 University of California San Diego (March 2018)
Joseph J. Amon Page 18 of 19

Case 2:20-cv-00496-CB-CRE Document 18-3 Filed 04/09/20 Page 33 of 33 AWARDS
Centers for Disease Control and Prevention, Epidemic Intelligence Service, Mackel Award (Apr 2004) Department of Health and Human Services, Public Health Service, Unit Commendation (Oct 2004) Department of Health and Human Services, Secretary’s Award for Distinguished Service (Aug 2005)
AD HOC REVIEWER
Journals: New England Journal of Medicine, Lancet, International Journal of Epidemiology, STI, Global Public Health, Addiction, Hepatology, Health and Human Rights, Bulletin of the World Health Organization, Journal of the International AIDS Society, PLoS One, PLoS Medicine, Journal of the American Public Health Association, Anthropological Quarterly, Drug and Alcohol Dependence, Conflict and Health, BMC Public Health, Harm Reduction Journal, Law & Social Inquiry, Social Science and Medicine, Health and Human Rights Journal, International Journal of Drug Policy. Grants: Open Society Foundations, Public Health Program
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Case 2:20-cv-00496-CB-CRE Document 18-4 Filed 04/09/20 Page 1 of 5
Exhibit C

Case 2:20-cv-00496-CB-CRE Document 18-4 Filed 04/09/20 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF HEATHER CONNOLLY HEATHER CONNOLLY., one of the Plaintiffs herein, by and through her undersigned counsel, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a plaintiff in this lawsuit. I am a 48 year-old woman currently held on pod 4F at ACJ. I suffer from hepatitis C, a viral infection of the liver that places me at a heightened risk for more severe symptoms and potential death from Covid-19.
2. I am being held at ACJ as a pretrial detainee charged with Receiving Stolen Property, Possession of Drug Paraphernalia, and summary offenses for Driving While Operating With Privileges Suspended or Revoked and Display of Unauthorized Certificate of Inspection. My bail on these charges is set at $10,000.
3. I am also being held pursuant to a probation detainer, as my new charges would constitute a violation of probation if I am found guilty of them.
4. On or around Sunday, March 15, 2020, I began feeling ill, including feeling slightly feverish over the next 7-10 days.
1

Case 2:20-cv-00496-CB-CRE Document 18-4 Filed 04/09/20 Page 3 of 5
5. During the week of March 22nd, I was found to have a fever of 99.1 degrees. I was subsequently locked in my cell, with my cellmate for 3 days, Sunday, March 22 through Tuesday, March 24. At that time they took my cellmate to the infirmary, where she remains. I was forced to lock in my cell for one more day.
6. In our cell we shared a sink, a toilet, a table. Our cell does not allow us to be more than six feet away, the bunks are on top of each other, and if we stood at opposite ends of the cell and put our arms out they would touch.
7. While locked in my cell I never again had my temperature taken although I continued to feel feverish.
8. During this time I felt other symptoms, including shortness of breath, nausea and vomiting, and loss of appetite.
9. I was never taken to the infirmary, or otherwise provided any medical care. 10. While locked in my cell during this time, I experienced sewage leaking into my cell from the floor above. The water was foul, contaminated with human waste. I was forced to use personal belongings including her underwear, commissary towel, and t-shirts to clean the water up. These items were not replaced. 11. My cellmate had a high fever and was suffering extreme shortness of breath those days we were locked in together 12. She was eventually taken to the infirmary. 13. No further precautions were taken for those who were confined on the pod or otherwise had interaction with either myself or my cellmate.
2

Case 2:20-cv-00496-CB-CRE Document 18-4 Filed 04/09/20 Page 4 of 5
14. I remain double-celled, as another person was moved right into my cell. The cell was not cleaned prior to her moving in. My new cellmate has a colostomy bag and serious medical conditions.
15. I was never tested for Covid-19. 16. I have not been provided any information, advise, or instruction from medical or other staff at ACJ pertaining to Covid-19. When I spoke with an attorney on the telephone on Saturday, March 28, 2020, it was the first time I had ever heard of the term “social distancing.” 17. There are 48 cells on 4F and about 20 of them are empty. All of the rest except two are occupied by two people. 18. On Saturday, April 4 staff began offering us a mask to wear on a daily basis. No instruction was provided as to how to properly take on and remove the masks, nor why they were important. They are not mandatory, and most people are not wearing them. Staff are not wearing masks either. 19. We have not been allowed cleaning supplies inside of our cells. No additional cleaning is taking place in the cells. 20. The showers are also not being cleaned any more than usual. They are supposed to be cleaned every night, though this does not always happen. This means that people are always using the shower after many others have without any cleaning. 21. While there was initially some increased cleaning with bleach, it has been inconsistently done. They stopped doing it for about a week at one point around the end of March.
3

Case 2:20-cv-00496-CB-CRE Document 18-4 Filed 04/09/20 Page 5 of 5
22. Group meals and recreation continue without any alteration. Showers and phones are all shared without sanitation in between.
23. I fear for my health and my life if I remain at ACJ. I, Bret Grote, certify that I reviewed this declaration with Heather Connolly by reading it to her over the telephone on April 2, 2020 and that she certified that the declaration was true and correct to the best of her knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070 bretgrote@abolitionistlawcenter.org Dated: April 2, 2020
4

Case 2:20-cv-00496-CB-CRE Document 18-5 Filed 04/09/20 Page 1 of 5
Exhibit D

Case 2:20-cv-00496-CB-CRE Document 18-5 Filed 04/09/20 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF ALEXUS DIGGS ALEXUS DIGGS, one of the Plaintiffs herein, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a plaintiff in this lawsuit. I am a 24 year-old woman currently held on pod 4F at ACJ. I suffer from high blood pressure, which places me at a heightened risk for more severe symptoms and potential death from Covid-19.
2. I am being held at ACJ as a pretrial detainee charged with Aggravated Harassment By Prisoner. My bail on these charges is set at 10.00% of $1,000.
3. I am also being held pursuant to a probation detainer, as my new charges would constitute a violation of probation if I am found guilty of them.
4. I am currently double-celled. 5. I have never been tested for Covid-19.

1

Case 2:20-cv-00496-CB-CRE Document 18-5 Filed 04/09/20 Page 3 of 5
6. Yesterday I began feeling scratchiness in my throat, and today I have been experiencing a runny nose and sneezing. I have no way of knowing if these symptoms are because I have a cold or Covid-19.
7. Prior to April 1st, I had not been provided any information, advice, or instruction from medical or other staff at ACJ pertaining to Covid-19. The first time I heard the term social distancing was during a phone call with counsel on or around March 28.
8. On the morning of Wednesday, April 1st, I saw a new posting on a column on the pod, which included information about changes to the local court system and other Covid-19-related information that was court-related and notified us about cleaning measures that are supposed to take place on the pod. I requested to the correctional officer on-duty, CO Thomas, “Let us know when you post things and explain them to us.” CO Thomas replied, “You’re not kids. You don’t need anybody to read you anything.”
9. Later that morning, Warden Harper entered the pod to speak about “social distancing”. He threatened to lock down the entire pod if we did not stay six feet away from each other. He stated, “I’m going be watching on the cameras, and if you don’t stay 6 feet apart, you’re going be locked in, and only come out two at a time.'
10. I asked, “What do you expect us to do when trays come?”, as we eat in a communal setting and there are a limited number of tables. Warden Harper replied, “You can figure it out. I’m not going into technicalities.”
11. Heather Connolly, a fellow plaintiff, asked, “How can you not care that we've got two people in each cell?” Warden Harper repeated, “You guys can figure it out.
2

Case 2:20-cv-00496-CB-CRE Document 18-5 Filed 04/09/20 Page 4 of 5
I’m not going into technicalities. […] Well, do you guys want me to shut you down? […] We can’t do nothing about double-celling.”
12. He then stated, “I’m only answering two questions.” He left the room immediately after.
13. I spoke to Major Vanchieri about what ACJ were doing to prevent people from contracting Covid-19. Major Vanchieri said that Warden Harper only came and spoke about social distancing to “scare” us, and that they know that social distancing is impossible to do in the jail.
14. Last Monday staff came and confiscated the second roll of toilet paper, limiting everybody to one roll each, and took the extra rolls off the pod. I have run out toilet paper in recent days and have to rely on other incarcerated people to be willing to share. Staff will not provide toilet paper as needed.,
15. There are 48 cells on 4F and about 20 of them are empty. All of the rest except two are occupied by two people.
16. Nobody on 4F has gloves or masks at the time of this declaration. Neither staff nor incarcerated people have masks.
17. We have not been allowed cleaning supplies inside of our cells. No additional cleaning is taking place in the cells.
18. The showers are also not being cleaned any more than usual. They are supposed to be cleaned every night, though this does not always happen. This means that people are always using the shower after many others have without any cleaning.
3

Case 2:20-cv-00496-CB-CRE Document 18-5 Filed 04/09/20 Page 5 of 5
19. While there was initially some increased cleaning with bleach, it has been inconsistently done. They stopped doing it for about a week until cleaning again last night.
20. Group meals and recreation continue without any alteration. Showers and phones are all shared without sanitation in between.
21. I fear for my health and my life if I remain at ACJ. I, Bret Grote, certify that I reviewed this declaration with Alexus Diggs by reading it to her over the telephone on April 2, 2020 and that she certified that the declaration was true and correct to the best of her knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070 bretgrote@abolitionistlawcenter.org Dated: April 5, 2020
4

Case 2:20-cv-00496-CB-CRE Document 18-6 Filed 04/09/20 Page 1 of 5
Exhibit E

Case 2:20-cv-00496-CB-CRE Document 18-6 Filed 04/09/20 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF LARNELL JONES LARNELL JONES, currently incarcerated at Allegheny County Jail, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a 45 year-old man currently held on pod 3A at the Allegheny County Jail.
2. I suffer from asthma and hypertension, both of which place me at a heightened risk for more severe symptoms and potential death from Covid-19.
3. I have been held at ACJ since July 2019, as a pretrial federal detainee charged with a non-violent offense involving possession of a firearm by a person formerly convicted of a felony.
4. I regularly experience shortness of breath as a result of my asthma. 5. I have and use an inhaler two times every day. 6. I am very concerned that my asthma exposure to Covid-19 could result in a medical crisis or even my death.
1

Case 2:20-cv-00496-CB-CRE Document 18-6 Filed 04/09/20 Page 3 of 5
7. I am also concerned that my age and hypertension will also make it harder for me to survive Covid-19.
8. I am currently single-celled, but that could change at any time. 9. There are 56 cells on 3A. Almost all of them are double-celled, meaning two people are celled in each. There are just two one-person cells. 10. Some people were moved out recently, and I was told there are 87 people on the pod right now. 11. Since August we have had recreation/out of cell time and meal time divided by tier. That is still the case. There are two tiers, so that means each time there is recreation time there are about 40-50 people out at a time. Same with meals. 12. People are still exercising as normal, playing basketball, moving next to each other in crowded areas. 13. Meals are eaten at tables on the pod that are about 4 by 4 feet, with chairs pulled up to each table and four guys sitting around it. 14. No ACJ officials or staff or medical personal have come to talk to us or provide us any information, advice, or instruction pertaining to Covid-19. 15. All they have done is put up some flyers announcing some changes, some additional cleaning in the common areas, and advising people to wash their hands. 16. Whenever I use the phone I typically use it right after somebody else has, and I am packed in next to people on either side who are using other phones. After I use it, other people use it without the phone being sanitized. 17. There are 10 phones on the pod and they are almost always all in use the limited times we are allowed out of our cells.
2

Case 2:20-cv-00496-CB-CRE Document 18-6 Filed 04/09/20 Page 4 of 5
18. They are now cleaning the phones when we are locked in, but we use them right after other people without any sanitizing in between.
19. Showers are supposed to be cleaned each night, but they are used throughout the day by many people without cleaning in between.
20. We have not been provided any cleaning materials for use in our cells. 21. Today, we were allowed to clean our cells for the first time in over a month. 22. Nobody on 3D has gloves or masks. Neither staff nor incarcerated people have masks. 23. Those exhibiting symptoms consistent with Covid-19 on 3A are not given regular if any medical attention, they are not quarantined, and they are not tested. 24. Just last week I vomited a couple of days in a row. Correctional Officers told me they would send me upstairs to medical, but they never did. 25. More than a week ago I was experiencing very bad chest pains. I was taken to medical where they did an EKG. Medical sought a second opinion about her EKG and ordered stronger medication for my inhaler. Medical staff did not follow up yet, and said they will see me in two weeks. 26. I fear for my health and my life if I remain in ACJ. I, Bret Grote, certify that I reviewed this declaration with Larnell Jones by reading it to him over the telephone on April 3, 2020 and that he certified that the declaration was true and correct to the best of his knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070
3

Case 2:20-cv-00496-CB-CRE Document 18-6 Filed 04/09/20 Page 5 of 5

Dated: April 3, 2020

bretgrote@abolitionistlawcenter.org

4

Case 2:20-cv-00496-CB-CRE Document 18-7 Filed 04/09/20 Page 1 of 4
Exhibit F

Case 2:20-cv-00496-CB-CRE Document 18-7 Filed 04/09/20 Page 2 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF MICHAEL GRAHAM MICHAEL GRAHAM, one of the Plaintiffs herein, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a plaintiff in this lawsuit. I am a 38 year-old man currently held on pod 6F at ACJ.
2. I suffer from Hepatitis C and asthma, which place me at a heightened risk for more severe symptoms and potential death from Covid-19.
3. I am being held at ACJ as a pretrial detainee charged with Criminal Solicitation and related non-violent charges. My bail on these charges is set at $5,000.
4. I am also being held pursuant to a probation detainer, as my new charges would constitute a violation of probation if I am found guilty of them.
5. I currently have a cellmate. 6. I have never been tested for Covid-19. 7. I recently returned to 6F from 8E, where I had been for 15 days.

Case 2:20-cv-00496-CB-CRE Document 18-7 Filed 04/09/20 Page 3 of 4
8. On 6F, neither I nor anyone else on the pod has been provided any information, advice, or instruction from medical or other staff at ACJ pertaining to Covid-19.
9. I have been in the jail since November 19, 2018. 10. Since that date, I have not had access to my inhaler and have been denied access to it multiple times. I have likewise been denied breathing treatments. I have been told that they don’t have a record of my illness. 11. When not in jail I use my inhaler as needed, which is typically once to three times per day. 12. Over the past week, I have been experiencing symptoms such as a low dry cough, runny nose, upset stomach and I vomited once. 13. I have seen sick call on approximately 5-6 occasions since October 2019, requesting my inhaler each time. To date, they have not provided that to me. 14. On 6F, all of those incarcerated are still eating our meals communally at tables, with typically four people per table. Most individuals continue to utilize the same liquid dispensers for juice. 15. They began split recreation today, meaning they are letting us out in smaller groups, but there are still about 25 people out at a time in close proximity to each other. We sit four at a table, we are shoulder to shoulder and across from one another in the phone, we use the phones after each other without them being sanitized, and people are still playing handball and basketball. 16. We are provided with one (1) roll of toilet paper per week per cell. There is a limited supply of soap, deodorant, and other hygiene products. Right now I have been

Case 2:20-cv-00496-CB-CRE Document 18-7 Filed 04/09/20 Page 4 of 4
without a bar of soap since Wednesday, April 1. My cellmate and I use the same soap in
our sink, and we frequently drink out of the same cups.
17. I estimate that there are 60 cells on 6F. Around half are empty, and most
of the rest are occupied by two people.
18. Today, for the first time, they came onto the tier to provide us with masks.
They were given to us by Corrections Officers who handled them with their bare hands.
Nobody gave us any instructions on how to properly put them or take them off so that
they retain their effectiveness
19. While there was initially some increased cleaning with bleach, it has been
inconsistently done. And they do not let us clean our cells, we do not have cleaning
supplies.
20. I fear for my health and my life if I remain at ACJ.
I, Bret Grote, certify that I reviewed this declaration with Michael Graham by reading it to her over the telephone on April 4, 2020 and that she certified that the declaration was true and correct to the best of her knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070 bretgrote@abolitionistlawcenter.org
Dated: April 4, 2020

Case 2:20-cv-00496-CB-CRE Document 18-8 Filed 04/09/20 Page 1 of 5
Exhibit G

Case 2:20-cv-00496-CB-CRE Document 18-8 Filed 04/09/20 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; :

HEATHER CONNOLLY;

:

:

Plaintiffs-Petitioners,

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO HARPER, Warden of Allegheny County Jail

: :

Defendants-Respondents.

: :

:

:

Case No.
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

DECLARATION OF TERRY SUGGS TERRY SUGGS, currently incarcerated at Allegheny County Jail, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a 35-year-old man currently held on pod 3D at the Allegheny County Jail.
2. I suffer from asthma, hypertension, and diabetes, all of which place me at a heightened risk for more severe symptoms and potential death from Covid-19.
3. I have been held at ACJ since February 26, 2019, as a pretrial federal detainee charged with non-violent offenses involving conspiracy to distribute and possession with intent to deliver.
4. I regularly experience shortness of breath as a result of my asthma. 5. I have requested an inhaler, and have been told by the jail that it was ordered, but it has taken more than a month and I am still without one.

Case 2:20-cv-00496-CB-CRE Document 18-8 Filed 04/09/20 Page 3 of 5
6. I am very concerned that my breathing problems and exposure to Covid-19 could result in a medical crisis or even my death.
7. I am also concerned that my diabetes and hypertension will make it harder for me to survive Covid-19.
8. I am currently double-celled. My cellmate was recently brought to ACJ. He is 57 years-old. He came from the community and spent only four days in intake, meaning he was not quarantined.
9. It is impossible to be six-feet away from my cellmate, and we are in the cell about 21 hours each day.
10. There are 56 cells on 3D. Almost all of them are double-celled, meaning two people are celled in each. There are just two one-person cells.
11. For the last 8 months or so we have had recreation/out of cell time and meal time divided by tier. That is still the case. There are two tiers, so that means each time there is recreation there are about 50 people out at a time. Same with meals.
12. People are still exercising as normal, playing basketball, moving next to each in crowded areas.
13. Meals are eaten at tables on the pod that are about 4 by 4 feet, with chairs pulled up to each table and four guys sitting around it.
14. No ACJ officials or staff or medical personal have come to talk to us or provide us any information, advice, or instruction pertaining to Covid-19.
15. All they have done is put up some flyers announcing some changes, some additional cleaning in the common areas, and advising people to wash their hands.

Case 2:20-cv-00496-CB-CRE Document 18-8 Filed 04/09/20 Page 4 of 5
16. Whenever I use the phone I typically use it right after somebody else has, and I am packed in next to people on either side who are using other phones. After I use it, other people use it without the phone being sanitized.
17. Showers are supposed to be cleaned each night, but they are used throughout the day by many people without cleaning in between.
18. We have not been provided any cleaning materials for use in our cells. Cells are cleaned once per week, every Friday, and that has been the routine the entire time I have been at ACJ.
19. Nobody on 3D has gloves or masks. Neither staff nor incarcerated people have masks.
20. We are given one bar of soap and one roll of toilet paper per person per week. They used to give two of each until about two weeks ago when they cut back due to alleged shortages.
21. At one point, this led to a fight over limited toilet paper after somebody ran out.
22. People have run out of toilet paper in the middle of the week and have taken to using request forms to wipe themselves.
23. Those exhibiting symptoms consistent with Covid-19 on 3D are not given regular if any medical attention, they are not quarantined, and they are not tested.
24. Just last week I felt I had a fever and the medical staff did not see me for five days after I put in a request slip. When they saw me they told me that the fever was because of my blood pressure. There was no follow up, my temperature was not taken again, I was not given a mask, not taken to the infirmary, and nobody sought to assess who

Case 2:20-cv-00496-CB-CRE Document 18-8 Filed 04/09/20 Page 5 of 5
I had been in close proximity to in order to monitor them for any potential symptoms of
Covid-19.
25. I fear for my health and my life if I remain in ACJ.
I, Bret Grote, certify that I reviewed this declaration with Terry Suggs by reading it to him over the telephone on April 3, 2020 and that he certified that the declaration was true and correct to the best of his knowledge.
/s/ Bret Grote Bret Grote PA I.D. No. 317273 Legal Director Abolitionist Law Center Pittsburgh, PA 15221 412-654-9070 bretgrote@abolitionistlawcenter.org
Dated: April 3, 2020

Case 2:20-cv-00496-CB-CRE Document 18-9 Filed 04/09/20 Page 1 of 5
Exhibit H

Case 2:20-cv-00496-CB-CRE Document 18-9 Filed 04/09/20 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

:

MICHAEL GRAHAM; ALEXUS DIGGS; :

and HEATHER CONNOLLY, on behalf of :

themselves and all others similarly situated, :

:

:

Plaintiffs-Petitioners,

:

:

:

v.

:

:

ALLEGHENY COUNTY; ORLANDO

:

HARPER, Warden of Allegheny County Jail, :

Case No. 2:20-cv-00496-CRE
ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

Defendants-Respondents.

DECLARATION OF SHAQUILLE HOWARD SHAQUILLE HOWARD, by and through his undersigned counsel, hereby declares pursuant to 28 U.S.C. 1746 that the following is true and correct:
1. I am a 27-year-old currently held on pod 8E at ACJ. I suffer from asthma. I may also have several STDs, including HIV and Syphilis. I am unsure because ACJ never provided me with the results of these tests. My medical conditions place me at a heightened risk for more severe symptoms and potential death from Covid-19.
2. I am being held at ACJ as a pretrial detainee charged with Possession of a Firearm, Receiving Stolen Property, and several misdemeanors.
3. I am also being held pursuant to a probation detainer, as my new charges would constitute a violation of probation if I am found guilty of them.
4. Pod 8E is a split floor unit with 28 cells on the bottom and 28 cells on the top. Forty-eight cells are equipped for double-celling—meaning up to 96 people, including

Case 2:20-cv-00496-CB-CRE Document 18-9 Filed 04/09/20 Page 3 of 5
myself, are at risk of living in the same cell where it impossible to practice social distancing.
5. We are only allowed to exercise in recreation cages. The cages are less than 6 feet apart. Anywhere from four to eight inmates can be in the cages at a time.
6. For the past two weeks, pod 8E has been the only men’s solitary confinement unit at ACJ.
7. Pod 1C was a men’s solitary confinement unit. I was housed there until about March 26, 2020, when ACJ shuttered Level 1. More than a dozen inmates, who were housed on pod 1C have been moved to pod 8E.
8. To my knowledge, the housing units on Level 7 is also shuttered. 9. As of April 8, 2020, there are about 80 inmates housed on pod 8E. 10. After my housing pod was consolidated into pod 8E, I began having symptoms that are associated with Covid-19, including coughing, shortness of breath, and congestion. 11. I have never been tested for Covid-19. So, on or about April 6, 2020, after my symptoms continued to worsen, I asked to be tested for the virus. But ACJ denied my requests. 12. ACJ has also denied my requests for a medical exam and for breathing treatments. 13. It has been exceedingly difficult to speak with a healthcare practitioner because starting about April 1, the medical staff stopped making routine rounds and now comes by only two to three days a week.

Case 2:20-cv-00496-CB-CRE Document 18-9 Filed 04/09/20 Page 4 of 5
14. To my knowledge, ACJ did not make wearing masks obligatory for its staff until after an inmate tested positive for Covid-19, on April 8, 2020. Before, corrections officers would not wear masks even when they are within 6 feet of us.
15. On or about April 4, 2020, we were given masks but nobody explained how to wear them and when we should use them. If our masks get contaminated, we are not given a new one until the following day. Also, we haven’t been given gloves.
16. Collectively, I have spent almost a year in solitary confinement, and the living conditions since late March 2020, are the worse I have ever experienced.
17. While there was initially some increased cleaning with bleach, it has been inconsistently done, if at all. Warden Harper ordered corrections officers to clean cell door handles, slots, keys, and handcuffs on an hourly basis. The following day, two of the three corrections officer shifts did not clean at all. For the last week, this cleaning has stopped altogether.
18. Our cells, toilets, and sinks have not been cleaned or sanitized for almost two weeks. We are unable to clean them ourselves because ACJ does not give us access to cleaning supplies even if we request them. Trash frequently piles up in our cells because we are not allowed to leave our cells to dispose of it. We also do not have access to supplies to clean the slots in our cell doors through which we receive our food and medicines.
19. We are short on hygienic supplies. There is no hand sanitizer. Many people run out of toilet paper and have nothing to clean themselves.
20. Showers and phones are all shared without sanitation in between individual users.

Case 2:20-cv-00496-CB-CRE Document 18-9 Filed 04/09/20 Page 5 of 5
21. ACJ has not been committed to us living in sanitary conditions. On or about March 31, 2020, I witnessed several corrections officers use force on an inmate because he had refused to go into a cell that was infested with bed bugs and had not been sanitized after the previous person. The corrections officers ignored the inmate even after he showed them the bug bites on his body, which he received the last time he lived there. Instead, they forced the inmate to ground, cuffed him, and placed him in a restraint chair for several hours. After which, they housed the inmate in that cell without cleaning it first.
22. I fear for my health and my life if I remain at ACJ.
I, Jaclyn Kurin, certify that I reviewed this declaration with _Shaquille Howard_ by reading it to him over the telephone on April 8, 2020 and that he certified that the declaration was true and correct to the best of his knowledge.
/s/ Jaclyn Kurin Jaclyn Kurin D.C. Bar No. 1600719 Staff Attorney Abolitionist Law Center Pittsburgh, PA 15221 jkurin@alcenter.org
Dated: April 8, 2020

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 1 of 25
Exhibit I

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 2 of 25 ACJ Healthcare Staff Vacancies

Allegheny County Employees

2/26/2020

1 HEALTH SERVICES ADMINISTRATOR

0

2 DEPUTY HEALTH SERVICES ADMINISTRATOR

0

3 DIRECTOR OF NURSING

0

4 ASSISTANT DIRECTOR OF NURSING

2

5 DIRECTOR OF SUBSTANCE USE PROGRAMS

1

6 DIRECTOR OF MENTAL HEALTH PROGRAMS

0

7 CLINIC MANAGER

0

8 STAFF EDUCATOR

0

9 INFECTIOUS DISEASE COORDINATOR

0

10 DETOX NURSE COORDINATOR

0

11 ADMINISTRATIVE ASSISTANTS

2

12 SUPPLY CLERK

0

13 PAYROLL CLERK

0

14 ACCOUNTS PAYABLE

0

15 IT MANAGER

0

16 DISCHARGE PLANNERS

0

17 LICENSED PRACTICAL NURSE

6

18 LICENSED PRACTICAL NURSE - PT (16 hours/week)

2

19 MEDICAL ASSISTANT

4

20 MEDICAL ASSISTANT - PT (16 hours/week)

3

21 MEDICAL RECORDS CLERK

0

22 MEDICAL RECORDS CLERK - PT (16 hours/week)

0

23 MENTAL HEALTH REG NURSE

0

24 MENTAL HEALTH REG NURSE -PT (16 hours/week)

2

25 MENTAL HEALTH SPECIALIST

0

26 MENTAL HEALTH SPECIALIST - PT (16 hours/week)

2

27 PHARMACY/ MEDICATION TECHNICIAN

1

28 PHARMACY/ MEDICATION TECHNICIAN - PT (16 hours/week)

0

29 PSYCHIATRIC AIDE

1

30 REGISTERED NURSE

6

31 REGISTERED NURSE - PT (16 hours/week)

8

32 SUBSTANCE ABUSE COUNSELOR

1

33 SUBSTANCE ABUSE COUNSELOR - PT (16 hours/week)

2

34

35

Allegheny Health Network Employees

36 MEDICAL DIRECTOR

0

37 PHYSICIANS (Physical Health)

0

38 PHYSICIANS (Physical Health) - PT (16 hours/week)

0

39 MID LEVEL PRACTITIONERS (Physical Health)

0

40 MID LEVEL PRACTITIONERS (Physical Health) - PT (16 hours/week)

0

41 Physicians (Psychiatrists)

2

42 Physicians (Psychiatrists) - PT (8 hours/week)

0

43 MID LEVEL PRACTITIONERS (Mental Health)

0

44 MID LEVEL PRACTITIONERS (Mental Health) - PT

0

45 PSYCHOLOGIST - PT (20 hours/week)

0

46 X-RAY TECHNICIANS

0

Total Vacancies:

45

4/2/2020
1 0 1 2 1 0 1 0 0 0 2 0 0 0 0 0 6 2 4 3 0 0 0 2 0 2 1 0 2 6 8 0 2
0 0 0 0 0 2 0 0 0 0 0 48

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 3 of 25

Date

Dept. AB

Started

Employee Name

30 2215543 2/21/2016 KATCHMAR, JILL

30 2365666 5/1/2017 EVANS, SHAWNA L

30 2099145 8/11/2014 MCGRAW, LISA M

30 743431 6/30/2003 URBAN, DAVID C.

30 2598149 3/9/2020 CORTES, LINDSEY M

30 100974 6/13/1983 PISCHKE, JOHN R

30 1998572 12/2/2013 CLARK, CONNIE N

30 107582 5/1/2000 KROLL, AMY M.

30 2216630 9/1/2015 RAMSEY, DIANA L

30 2524260 4/1/2019 FROEHLICH, NICHOLE M

30 2550146 6/10/2019 WILSON, DOROTHY R

30 1094282 6/11/2018 REYNOLDS, APRIL L.

30 1917341 3/25/2013 THOMAS, RONELE E

30 2346594 3/27/2017 SPIELER, SUSAN

30 2031203 2/24/2014 SUZIO, CHARLES A

30 2238995 1/24/2016 VENSEL, JENNIFER

30 2336153 2/6/2017 KELLY, JENNIFER LYNN

30 2478278 7/23/2018 MARTIN, HOLLY L

30 2523924 4/1/2019 AUGUSTINE, DEBRA L

30 101653 12/27/1994 YOUNG JR, FRED R

30 103265 8/1/1999 FRANK, STEPHANIE M.

30 103978 1/13/2002 EDWARDS, DWIGHT D.

30 808006 3/5/2006 PIENDEL, JONATHAN D.

30 911677 12/1/2004 HUNGERMAN, DAVID J.

30 1459433 10/10/2010 MERLINO, JAMIE L

30 1508240 6/19/2011 BOSI, DANIEL E

30 1508251 11/6/2011 MILICEVIC, IVAN

30 2244488 1/25/2016 TERRY, MICHAEL D

30 2279531 5/16/2016 WALKER, GARY R

30 2510484 1/22/2019 WISEMAN, KENNETH A

30 2557521 7/22/2019 JOSEPH, BRYAN M

Home

Cost

Center Unit ID

Job Title

300101 70130 ACCOUNT CLERK 1

300101 70130 ACCOUNT CLERK 1

300101 70130 ACCOUNT CLERK 2

300101 130130 ACCOUNT CLERK SUPERVISOR

304301 9999 ACCOUNTS PAYABLE CLERK

300101 7777 ADM OF INMATE PROGRAMS

300101 7777 ADM REINTEGRATION ALT HOUSING

300101 7777 ADMIN OF REENTRY SERVICES

304301 9999 ADMINISTRATIVE ASSISTANT

304301 9999 ADMINISTRATIVE ASSISTANT

304301 9999 ADMINISTRATIVE ASSISTANT

300101 9999 ALTERNATIVE HOUSING COORD

300101 9999 ALTERNATIVE HOUSING COORD

304301 7777 ANALYST-BUSINESS/APPLICATIONS

300101 7777 APPLICATION SUPPORT ADMIN

304301 7778 ASSISTANT DIRECTOR NURSING

304301 7778 ASSISTANT DIRECTOR NURSING

304301 7778 ASSISTANT DIRECTOR NURSING

304301 7778 ASSISTANT DIRECTOR NURSING

300101 7778 CAPTAIN

300101 7778 CAPTAIN

300101 7778 CAPTAIN

300101 7778 CAPTAIN

300105 7778 CAPTAIN

300101 7778 CAPTAIN

300101 7778 CAPTAIN

300101 7778 CAPTAIN

300101 7778 CAPTAIN

300101 7778 CAPTAIN

300101 7778 CAPTAIN

300101 7778 CAPTAIN

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 4 of 25

30 649139 1/27/2003 BENNETT, JEFFREY J 30 853393 12/9/2019 D'ANTONIO, ANGELA V. 30 1102581 6/26/2006 WILLIAMS, CASEY 30 1787711 7/2/2012 VACSULKA, KRISTIN M 30 1812177 10/22/2012 DOUBT, KIMBERLY D 30 1812238 10/22/2012 EICHENLAUB, EDWARD H 30 2146852 1/12/2015 WAGNER, EDWARD G 30 2482815 8/20/2018 FULLEN, MAUREEN M 30 2503033 11/26/2018 HARRIS, TAMARA L 30 2585892 12/9/2019 DUNTON, MALKA 30 100450 10/1/2001 STEPHENS, MONTE L. 30 101598 5/21/1990 APKE, STEVEN J 30 101664 12/6/1999 CARL, DAVID B 30 2215544 8/26/2015 WILLIAMS, LAURA K 30 2375308 6/5/2017 ZETWO, DAVID E 30 2377637 6/12/2017 MAHR, JOSEPH G 30 2447656 4/16/2018 DILLON, FRANCES M 30 100527 9/25/1995 FLAHERTY, THOMAS E 30 101094 6/8/1987 ZINSSER, EARL J 30 101153 7/27/1987 PRICE, CHRISTOPHER 30 101176 11/9/1987 RUFFOLO, MICHAEL J 30 101260 10/25/1993 FALLON, MICHAEL J 30 101497 9/25/1989 BRUNICK, JOHN E 30 101498 9/25/1989 GOODMAN, RICHARD J 30 101504 9/25/1989 NEYMAN, LEROY E 30 101556 1/2/1990 PARZICH JR, RONALD S 30 101592 4/23/1990 COSGROVE, ROBERT E 30 101630 11/6/1989 DUNEGAN, MICHAEL G 30 101800 3/18/1991 SCHAFER, WILLIAM T 30 101814 2/25/1991 HEDDERMAN, LEO T 30 101815 2/25/1991 CHRASKA, MICHAEL J 30 101879 11/17/1994 WAGNER, WILLIAM M 30 101883 7/29/1991 SCASSERA , JOSEPH P 30 102064 8/10/1992 COMER, ROBERT L

300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 304301 300101 300101 304301 300101 300101 300105 300101 300101 300105 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300105

80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER 80130 CASEWORKER (Longevity Step) 80130 CASEWORKER (Longevity Step) 80130 CASEWORKER (Longevity Step)
7777 CHIEF DEP WARD-HEALTHCARE SERV 7777 CHIEF DEPUTY WARDEN 70130 CLERK 7777 CLINIC MANAGER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

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30 102066 30 102068 30 102087 30 102090 30 102095 30 102169 30 102272 30 102278 30 102281 30 102400 30 102401 30 102404 30 102436 30 102437 30 102441 30 102446 30 102459 30 102464 30 102465 30 102475 30 102477 30 102485 30 102486 30 102495 30 102558 30 102559 30 102560 30 102574 30 102578 30 102580 30 102586 30 102607 30 102630 30 102636

8/10/1992 ZELEPOS, LOUIE I 8/10/1992 CATES, ROBERT J 8/10/1992 STEVENSON JR, RICHARD M 8/10/1992 BARRY, DOUGLAS D 8/24/1992 COLEMAN, CARLOS R 3/24/1993 YOST, BART R 10/12/1993 RAFFERTY, CRAIG J 7/24/1995 FERGUSON, BRIAN D 11/8/1993 WRIGLEY, CHRISTOPHER 10/17/1994 COSBY, MARILYN S. 10/17/1994 YAGATICH, JANET M 10/24/1994 BROWN, WILLIAM P 11/17/1994 HANEY, STEPHEN R 11/17/1994 ISENBERG, DAVID A 11/17/1994 MACMASTER, DAVID W 11/28/1994 CURLEY, RAYMOND J 11/17/1994 PARKINSON, DAVID W 11/17/1994 ZANGARO, JOHN M 12/27/1994 VIRGILI JR, ROBERT L 12/27/1994 COLAIZZI, SALVATORE B 12/27/1994 JONES, ROBERT F 12/27/1994 RAPNETH IV, RAOUL C 12/27/1994 BELL, CARLA J 12/27/1994 MANGIS, JOHN F 7/31/1995 CIBULA, MICHAEL A 7/31/1995 JACOBS, DANIEL A 7/31/1995 KRCHNAVY, RICHARD W 7/10/1995 PRICE, RICHARD A 7/17/1995 KOHNEN, PHILLIP S 7/17/1995 WILLIAMS, COREY A 7/31/1995 NESBITT, DAVID N
8/7/1995 WILKINS, SANFORD E 10/8/2000 MCBRIDE, CHRISTOPHER 10/30/1995 HANCOCK, DANIEL C

300105 300101 300101 300101 300101 300101 300105 300101 300105 300101 300105 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300105 300101 300105 300101 300105 300101 300105 300101 300101 300101 300105 300101 300105

1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 6 of 25

30 102656 30 102657 30 102659 30 102674 30 102675 30 102731 30 102794 30 102795 30 102796 30 102807 30 102843 30 102849 30 102850 30 102851 30 102852 30 102956 30 102958 30 102959 30 102970 30 102971 30 103103 30 103110 30 103111 30 103112 30 103113 30 103121 30 103125 30 103130 30 103131 30 103266 30 103268 30 103508 30 103509 30 103512

12/18/1995 BAKER, TROY E 12/18/1995 SCHMITT, RONALD J 12/28/1995 KRAH, MICHAEL D 12/26/1995 CRAINE, MICHAEL B 12/26/1995 PAUL, ERIC S
6/8/1997 BUCCI, STEVEN 6/8/1997 NETHEN, PATRICIA A 6/8/1997 BLACK, SHIRLYN D 6/8/1997 RICHARDSON, SHAWN A 6/8/1997 METZ, CLIFFORD J 6/8/1997 JONES, RISE L 6/8/1997 KEMP JR, WILLIAM C 6/8/1997 COHOLIC, CHRISTIAN E 6/8/1997 ZOLLER, ALBERT A 6/8/1997 INGRAM, LATEEKIA A 6/23/1997 BRODY, MARK M 6/23/1997 THOMAS, DEMETRIUS 6/23/1997 CHRONISTER, FRANK J 7/7/1997 SEYMOUR, FRANKLIN J 7/7/1997 WHITE, JOSEPH W. 3/14/1999 CREW, RAYMOND N 5/12/1998 GOLD, RICHARD W. 5/12/1998 GLAZE, RAYMOND A. 5/12/1998 CLARK, MICHELLE V 5/12/1998 MCQUAIDE, ANGELA 9/20/1998 DREISTADT, KEITH 8/1/1999 WAIN, JENNIFER A. 8/1/1999 GOODWIN, MIA D. 8/1/1999 PEAYS, STEPHANIE M. 8/1/1999 PIERCE, CHRISSIAN L 11/9/1998 ROMANELLI, PAUL J. 12/20/1999 CRAPIS, MICHAEL V 12/20/1999 VEITH, ROBERT W 12/20/1999 ANDREJCHAK, RICHARD J

300101 300101 300101 300101 300101 300101 300105 300105 300101 300101 300101 300105 300101 300101 300101 300101 300101 300101 300101 300105 300101 300101 300101 300101 300105 300105 300101 300101 300101 300105 300101 300105 300101 300105

1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 7 of 25

30 103656 30 103658 30 103659 30 103661 30 103673 30 103685 30 103725 30 103760 30 103764 30 103765 30 103766 30 103770 30 103906 30 103907 30 103990 30 103991 30 103993 30 104007 30 104009 30 104147 30 104149 30 104150 30 104154 30 104155 30 104389 30 104390 30 104403 30 104404 30 104405 30 104406 30 104409 30 104412 30 104413 30 104461

10/8/2000 BENCH, RAYMOND S 6/25/2000 MAHER, MICHAEL T 6/25/2000 FIRESTINE, JUSTIN E. 10/8/2000 CHANEYFIELD, VICTOR T 6/25/2000 DEISHER, CRAIG M 6/25/2000 PAUL, DAVID L. 1/14/2001 THEIS, JOHN C. 3/11/2001 BRADLEY, TODD M 1/14/2001 SWEENEY, DANIEL J. 5/20/2001 SEIBERT, EDWARD J. 8/12/2001 LEKOVITCH, EDWARD 3/11/2001 BEVERIDGE, ROBERT A
3/2/2003 MUSSER, GREGORY P. 9/24/2001 SLADIC, SCOTT F. 12/29/2002 MORRIS, DAMON N. 3/15/2003 MALCOLM, JAMES A. 3/23/2003 URBAN, JEFFREY W. 12/29/2002 KRAKOVSKY, ANDREW M. 1/13/2002 BROWN, JAISON A 3/21/2004 CUTSHALL, CHAD A 6/15/2003 WEBER, DAVID A. 3/21/2004 PINDEL, ROBBIE 6/15/2003 KANAGY, SCOTT M. 6/15/2003 FORISKA, DAVID J.
2/6/2005 NOFTZ, LAUREN 6/15/2003 FISCHER, JOHN P. 6/15/2003 YOUNKINS, DAVID J. 6/15/2003 KAVALS, WILLIAM C. 9/21/2003 SCOTT, JOSEPH P. 11/16/2003 DEFELICE, KRISTY A 3/21/2004 HILL, SCOTT A.
2/6/2005 TYSON, STEPHANIE D. 10/4/2003 FAZIO JR, ANTHONY M.
2/6/2005 BOSACK, BRIAN M

300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300105 300101 300101 300101 300105 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101

1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 8 of 25

30 104464 6/13/2004 SHEFFO JR, ROBERT M 30 104474 9/19/2004 HOLLOWAY, RICHARD M. 30 104477 4/17/2005 FROEHLICH, TRACY L. 30 104478 2/6/2005 GUYTON, TAMARA L. 30 104481 3/21/2004 NUNLEY, CHARISSE D. 30 104751 2/5/2006 KELLY, DAVID E 30 106207 9/16/2007 NELSON, DEBRA SANDRA 30 108004 4/3/2005 BROWN, VERONICA L 30 127284 11/13/1995 EVANS, SHANE 30 593935 9/4/2005 LEECH, CHRISTINE L. 30 643455 1/8/2006 TURNER-ALLEN, TAMMY O. 30 732836 7/10/2005 JADLOWIEC, CARL J. 30 732837 10/16/2005 JAMES, ARDELLA A. 30 732838 7/10/2005 DABROWSKI, DAVID C 30 807986 7/23/2006 DIDOLCE, SCOTT J 30 807987 3/5/2006 BECK, JASON 30 807994 7/23/2006 SKIRTICH, JAMES D. 30 807995 8/6/2006 GLOGOWSKI, KEVIN R. 30 807996 6/25/2006 HINISH, MAGGI 30 808001 8/6/2006 BENDER, ROBERT E 30 808009 8/6/2006 MAZZOCCA JR, DOMENIC D 30 808015 8/6/2006 RUGANI, SANDRA M. 30 808022 8/6/2006 CLARK, WILHEMINA R 30 967211 5/6/2012 MARINO, SONJA C 30 1006219 12/10/2006 KUBICKY, JOHN A. 30 1006226 10/29/2006 HILINSKI, RUSSELL E. 30 1006227 12/24/2006 BATYKEFER, JASON K 30 1006231 10/29/2006 RUSH JR, TIMOTHY P. 30 1006242 1/7/2007 JENKINS, RICHARD C. 30 1006243 10/29/2006 FERRIS, JAMES J. 30 1006244 11/26/2006 GRESOCK, JAMES G. 30 1006246 12/10/2006 HANLEY, MICHAEL J. 30 1072737 4/1/2007 BOWMAN, PATRICK W 30 1072739 4/15/2007 BUTLER, AMEMOHIS G

300101 300101 300101 300101 300101 300101 300101 300101 300105 300101 300101 300101 300101 300105 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101

1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 9 of 25

30 1072740 4/1/2007 CARR, MICHAEL E 30 1072741 4/29/2007 CLAYPOOLE, CHARLES L 30 1072742 4/15/2007 DUTRIEUILLE, ADRIAN L. 30 1072745 3/4/2007 GORHAM, RYAN T. 30 1072747 5/13/2007 ARGOTTI, MICHELLE L 30 1072748 4/29/2007 JESTER JR, RICHARD D. 30 1072750 4/29/2007 LARKIN III, JAMES M 30 1104921 7/27/2014 HOLLAND, DAVID A 30 1118787 6/24/2007 ZELLARS IV, ROBERT F 30 1118788 3/2/2008 WEIS, EDWARD A. 30 1118790 2/3/2008 PETTY, STEFAN V. 30 1118791 3/30/2008 DAVIS, JAYVON A 30 1118794 6/24/2007 BURNETT, RONALD P 30 1118796 7/8/2007 PANAIA, RICHARD J. 30 1118799 1/13/2008 LONCHARICH, RONALD F. 30 1118801 4/27/2008 LEONE, SERGIO 30 1118804 7/29/2007 JONES, JASON M. 30 1152542 6/22/2008 RHOADES, DANIELLE M. 30 1152544 6/22/2008 HARPER-SLABY, KARA L. 30 1152547 6/22/2008 LIEB, DANIEL J. 30 1152556 12/7/2008 ARLOTTA, JASON F 30 1152558 2/1/2009 HORRELL, MATTHEW C. 30 1152563 10/26/2008 BARONE II, MICHAEL A 30 1350948 7/5/2009 WOLSKO, JOHN J. 30 1350953 5/10/2009 MCDINE, FRANK A. 30 1350955 3/29/2009 SLABY, LISA M. 30 1350956 4/12/2009 MOWRY, CHRISTINE L. 30 1350958 5/23/2009 DUNHAM, TOBY N. 30 1386036 1/17/2010 NOULLET, JOSH L. 30 1386038 11/8/2009 BERGER, ANTHONY J 30 1386039 1/17/2010 GAMBRILL, RYAN O. 30 1386046 8/30/2009 ISTIK, MICHAEL J. 30 1386049 9/27/2009 TROIANO, DAVID M. 30 1386050 2/14/2010 TRIFANOFF, GARY M.

300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101

1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 10 of 25

30 1459422 3/28/2010 TOKARSKY, MICHAEL 30 1459426 6/6/2010 TEGTMEIER, JAMES R 30 1459428 10/10/2010 ONYSHKO, DAVID A 30 1459438 3/28/2010 BOWIE, MICHELE R 30 1475012 2/18/2018 BRICKLEY, JAMIE L 30 1483997 3/2/2009 SMOLLEN, WILLIAM M 30 1493223 5/29/2016 SABATINO, JORDAN J 30 1508237 2/13/2011 MARZANO, MICHAEL C 30 1508238 4/10/2011 MULLEN, CASEY R 30 1508243 2/13/2011 DEAN, JAMES P 30 1508245 6/19/2011 DICKSON, ROBERT D 30 1508246 9/25/2011 ERO JR, JOSEPH M 30 1508250 8/28/2011 KELLY, JAMES E 30 1508253 8/28/2011 SCHMOTZER, DEREK R 30 1508254 3/28/2011 WILLIAMS, TAMESHA S 30 1508259 4/10/2011 KRESS, WILLIAM J 30 1508264 11/6/2011 MURRAY, JAMES K 30 1543663 10/7/2012 BOYER, MARK V 30 1543665 10/7/2012 BROWN, BENJAMIN I 30 1543668 12/1/2013 FARRELL, PATTI M 30 1543669 10/7/2012 HEATH, JACK R 30 1543674 10/7/2012 MANN, BRANDI L 30 1543680 12/22/2013 MOWRY, HARRY J 30 1543688 1/12/2014 OLEAN, MATHEW S 30 1543694 5/6/2012 SODANO JR., JAMES L 30 1543695 11/3/2013 MCHUGH, TIMOTHY I 30 1570881 1/26/2014 SMART, JOSHUA M 30 1570882 3/9/2014 HAMOVITZ, GREGORY E 30 1570883 2/23/2014 LYNCH, JONATHAN C 30 1570885 3/9/2014 THORNBURG, ROBERT A 30 1570892 3/23/2014 LINVER, GREG D 30 1570896 1/26/2014 D'ANGELO, JONATHAN C. 30 1570898 1/26/2014 GARCIA-CHAVEZ, SERGIO 30 1643009 5/4/2014 THOMAS, LYNDA M

300101 300101 300101 300101 300101 300105 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101

1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 11 of 25

30 1643020 6/1/2014 HANDERHAN, CHRISTOPHER J 30 1643040 6/1/2014 ENGLERT, BRIAN W 30 1643045 6/1/2014 ANDERSON, ALEXIS DAWN 30 1643049 6/15/2014 CUNNINGHAM, DION A 30 1643053 6/15/2014 CARTER, BRANDON S 30 1643069 5/4/2014 MILLER, KEVIN J 30 1643074 6/15/2014 SEMEGY, JASON J 30 1643080 5/4/2014 PLAKIDAS, ADAM C 30 1724013 7/20/2014 REICK, DUANE E 30 1724014 6/29/2014 SULLIVAN, DAVID W 30 1724015 7/27/2014 HUTTER, JASON S 30 1724016 7/27/2014 HAYNES, ZENOLA E 30 1724017 7/20/2014 HIROSKY, MICHAEL R 30 1724025 7/20/2014 ASPRILLA-GAMBOA, ERIC A 30 1724545 7/27/2014 TAYLOR, MONTELL A 30 1724548 7/27/2014 IRELAND, JOHN L 30 1782904 8/24/2014 IRELAND, MICHAEL K 30 1782907 10/20/2013 GLOVER, JACOB E 30 1782908 8/24/2014 SCHROTT JR, DANIEL W 30 1782911 8/24/2014 GILLILAND, JOHN L. 30 1782914 8/24/2014 YELOUSHAN, DAVID C 30 1782915 8/24/2014 BOYD, NICHOLE C 30 1782918 8/24/2014 DEAN, CALVIN E 30 1782920 8/24/2014 KNIGHT, FELICA L 30 1782921 8/24/2014 FLEISNER, RAYMOND W 30 1825645 9/21/2014 CALDWELL, KEVIN P 30 1825680 9/21/2014 KELLY, BRIAN A 30 1825684 12/6/2017 KELLY, BRUCE A 30 1825695 9/21/2014 NOVAKOWSKI, JESSICA M 30 1825700 9/21/2014 RIZZO, RONALD N 30 1948672 9/21/2014 CATON, MATTHEW 30 1986431 9/21/2014 JENNINGS, JENELLE N 30 1986435 9/21/2014 MAJOR, VICKI R 30 1986439 9/21/2014 MASLANKA, JASON A

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1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 12 of 25

30 1986440 11/9/2014 PARSONS, KELSEA L 30 1986476 11/16/2014 SWEENEY, JAMES C 30 2057945 2/22/2015 TURNER, ZACHARY L 30 2057947 2/22/2015 THOMAS, KRYSTOL A 30 2057950 2/22/2015 MANG, RONALD P 30 2057951 2/22/2015 LEWIS, VA-LANCE T 30 2057952 9/6/2015 KREMER, CODY J 30 2057953 2/22/2015 GROSS, RONALD E 30 2057954 12/21/2014 BOOK, TY W 30 2107324 3/22/2015 PALMER, JAMAAL D 30 2107330 3/22/2015 GILDEA, MICHELLE 30 2107332 3/8/2015 FITZWILLIAM, KASEY D 30 2146339 4/19/2015 CERDA, MICHAEL J 30 2146342 6/28/2015 GUMKOWSKI, ERIC D 30 2146346 8/9/2015 HARRIGAN, DEREK S 30 2146351 4/19/2015 KRAMER, JOSEPH C 30 2146354 8/9/2015 RETHAGE, PEARL JOY 30 2146357 5/31/2015 ROBINSON, ALLEN E 30 2146358 5/31/2015 STADELMAN, JUSTIN M 30 2146366 6/14/2015 VERBANICK, STEPHEN M 30 2146368 8/9/2015 WALL, ROUDY L 30 2161459 9/6/2015 STREICH, DAVID 30 2161574 9/6/2015 ROBINSON, ANTOINETTE 30 2161578 9/6/2015 PAVLECIC, JONATHAN 30 2161580 10/18/2015 ZIEGLER, JEFFREY 30 2200423 12/27/2015 ANDERSON, BRANDON J 30 2200431 11/15/2015 BANE, JOSHUA J 30 2200435 12/27/2015 AMRHEIN, BRETT M 30 2200440 12/27/2015 DALLY, JUSTIN M 30 2200451 3/6/2016 GRAY, EDWARD N 30 2200475 11/29/2015 INGRAM, SHANE R 30 2200507 1/24/2016 ZELEPOS, NEAKO G 30 2200519 3/6/2016 MCCLELLAND, KEATON D 30 2200539 11/15/2015 COLEMAN, TOBIAS A

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1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 13 of 25

30 2216783 7/23/2017 CALDWELL, TONYA M 30 2228207 11/25/2018 LANEY, TAMARA L 30 2237986 7/10/2016 TUCKER, RYAN E 30 2237987 5/29/2016 TALBERT, DORMAYNE R 30 2237990 5/29/2016 STEPHENS-GREGORY, CHINNIE L 30 2237994 5/29/2016 SCHULTZ, JOSHUA S 30 2237996 7/10/2016 PANZA, JOSEPH P 30 2237997 8/21/2016 MCCLAIN, BONNYE J 30 2237998 5/29/2016 LENHART, WILLIAM H 30 2238026 5/29/2016 KOPCHO, RYAN H 30 2238028 8/7/2016 DILTS, GUY P 30 2238030 8/7/2016 DENILLO, DANIEL M 30 2238031 5/29/2016 DAWSON, DEAN K 30 2238032 5/29/2016 CAMARA, DAVID E 30 2238051 7/22/2018 HOLT, JASON C 30 2251248 5/29/2016 DEMIS, MICHAEL C 30 2251249 5/29/2016 SIMERAL, SHANE R 30 2251253 5/29/2016 JACKSON, IAN R 30 2251257 8/7/2016 HALEY, MICHAEL S 30 2279395 6/4/2017 JONES, CURTIS J 30 2279399 3/19/2017 KORB, JASON J 30 2279402 3/26/2017 FARLEY, SHARON D 30 2279422 7/23/2017 KEARNS, MATTHEW 30 2279451 11/13/2016 MACK, KIAH 30 2279452 7/23/2017 MALESIC, CHRISTOPHER D 30 2279460 4/30/2017 MCVEIGH, JAMES J 30 2279464 4/30/2017 NALLEY, SHAWN M 30 2279466 7/23/2017 POINDEXTER, JOHN 30 2279468 6/4/2017 RENDA, CHRISTOPHER F 30 2279496 7/23/2017 TRALONGO, ANTONIO 30 2279497 8/6/2017 VENSEL, JAMES T 30 2279499 1/8/2017 VOJTAS, ANTHONY J 30 2279501 7/23/2017 WEATHERFORD, KAYLEE M 30 2279502 1/8/2017 LESLIE, BRANDON T

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1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 14 of 25

30 2279506 10/24/2016 DEVLIN, ALBERT L 30 2279508 7/23/2017 DENNIS, STEPHEN M 30 2279511 2/19/2017 ARLOTTA, NICHOLAS 30 2279517 8/6/2017 CAWLEY, SHANE M 30 2279518 7/23/2017 ALDER, DAVID J 30 2279519 3/19/2017 KEMP III, WILLIAM C 30 2279522 8/6/2017 FLEMING, PAUL S 30 2279739 4/30/2017 DEEMS, SHANNON T 30 2279740 1/22/2017 HYDE, JEFFREY A 30 2309712 9/19/2016 BRENNAN, THOMAS K 30 2330933 4/1/2018 TAYLOR, SHYRA E 30 2338234 2/4/2018 OVERDORF, MATHEW R 30 2338235 9/17/2017 MCGUIRE, RYAN M 30 2338237 9/3/2017 MARTIN, MICHAEL A 30 2338238 9/3/2017 YOUNKINS JR, DAVID 30 2338239 9/17/2017 JONES, NICOLE 30 2338240 9/3/2017 GREGG, NATALIE M 30 2338243 10/1/2017 WEAVER, ANDREW J 30 2338244 2/4/2018 COSCARELLI, DYLAN 30 2338245 10/29/2017 WARD-BLACK, AUTUMN N 30 2338246 12/10/2017 STAWIARSKI, SCOTT A 30 2338247 10/1/2017 SPATH, MICHAEL P 30 2338249 12/10/2017 CARR, MICHAEL E 30 2338250 11/26/2017 BROWN, JACOB J 30 2372273 2/4/2018 FITZPATRICK, ERIC M 30 2372275 2/4/2018 MARTIN, WILLIAM D 30 2372277 2/4/2018 LORANT, DAVID M 30 2372278 2/4/2018 MAUST, WALTER F 30 2402955 4/1/2018 COULTER, CASEY D 30 2402956 5/13/2018 HOLMES, JEFFREY D 30 2402957 2/18/2018 JOHNSON, JEREMY J 30 2402958 3/18/2018 MCGUIRE, ZACHARY A 30 2402960 4/1/2018 MIKAN, SEAN C 30 2402961 3/18/2018 MORELLI, PAOLO P

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1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 15 of 25

30 2402965 4/15/2018 VOJTAS, CHRISTOPHER J 30 2402966 3/4/2018 WILLIAM, JOE N 30 2402997 4/1/2018 WASKOWIAK, ERIN K 30 2402998 4/1/2018 MOSELEY, SHAINA 30 2402999 3/18/2018 PRUGER, MARK A 30 2403001 4/1/2018 HOOVER, MICHAEL J 30 2403005 4/1/2018 MEHOK, ALLIE N 30 2420846 1/8/2018 DAVIS, BRIAN M 30 2431545 7/8/2018 KESSLER, ANDREW 30 2431546 9/16/2018 MAVROIDES, ATHENA M 30 2431547 9/2/2018 MAZZA, JUSTIN M 30 2431548 10/14/2018 PARKER, JOSEPH A 30 2431549 7/22/2018 ROBERSON, TERRELL 30 2431551 8/19/2018 VAUSE, JOHNATHAN M 30 2431553 2/17/2019 STEIN, JAMES E 30 2431565 7/8/2018 ANDRASCIK, JUSTIN C 30 2431568 9/2/2018 IEZZI III, LOUIS 30 2431569 11/25/2018 BESSELMAN, MICHAEL H 30 2431574 7/22/2018 CAMPBELL, MICHAEL D 30 2431942 7/22/2018 COVINE, CODY B 30 2431947 2/17/2019 DREXLER, JUSTIN 30 2431951 9/30/2018 FINNEY, STEPHEN 30 2474977 3/3/2019 REIMER, SHELBY L 30 2474978 2/17/2019 PERMINTER, JADORA R 30 2474979 3/3/2019 LUCENTE, JEFFREY 30 2474990 2/17/2019 CORNELL, CORTNEY N 30 2474992 3/3/2019 JANSEN, SHAWNIE A 30 2474994 3/3/2019 LEFEVRE II, JAY C 30 2475012 3/3/2019 HESTER, GREGORY H 30 2475688 7/9/2018 WILSON, KATEYMARIE E 30 2485762 3/3/2019 NARDUCCI, ANTHONY R 30 2485772 3/3/2019 JOHNS, ALEXANDER X 30 2485774 3/3/2019 EAST, RASHEEN D 30 2486046 3/3/2019 GERBER, JUSTIN R

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1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 16 of 25

30 2486047 3/3/2019 DIANA, NATALIE A 30 2498045 3/11/2019 BOND, CHRISTIAN J 30 2517548 3/11/2019 TEWELL, NICHOLAS J 30 2517549 3/11/2019 SPORE, JUDSON C 30 2517561 3/11/2019 ORAVETZ, ZACHARY M 30 2517563 3/11/2019 METZ, RAVEN C 30 2517566 3/11/2019 GROSS, CHARLES E 30 2517567 3/11/2019 GALLOWAY, WILLIAM R 30 2517568 3/11/2019 BOWERS, BRANDON J 30 2517569 3/11/2019 BEELER, ROBERT 30 2548697 6/3/2019 DEADERICK, DONEIKA L 30 2548699 6/3/2019 VETTERLY, MICHAEL T 30 2548701 6/3/2019 RICE, BRANDAN L 30 2548702 6/3/2019 LESHKO, DANIEL B 30 2548703 6/3/2019 KENGERSKI, LINDSAY M 30 2561613 8/12/2019 BARKER, DARYL T 30 2561614 8/12/2019 CARIDI, JONATHAN R 30 2561619 8/12/2019 DUNKLEY, D'ANDRE J 30 2561620 8/12/2019 GATZ, RANDOLPH A 30 2561621 3/9/2020 GRAY, NATHANIEL S 30 2561623 8/12/2019 HOOVER, MEGAN J 30 2561625 8/12/2019 MANUEL, DYLAN A 30 2561631 8/12/2019 O'CONNELL, RYAN D 30 2561653 8/12/2019 STEGENA, JAKE A 30 2561655 8/12/2019 TURCOVSKY, JOHN P 30 2561657 8/12/2019 WRIGHT, FREDERICK C 30 2561658 8/12/2019 ZANOTTI, ZENA 30 2586272 12/16/2019 MERZ, JOSEPH R 30 2586280 12/16/2019 SUMPTER, ANDRE P 30 2586283 12/16/2019 MEANOR, NATHAN A 30 2586286 12/16/2019 JOHNSON SR, DEVAN M 30 2586290 12/16/2019 BARKER, CHRISTOPHER A 30 2586291 12/16/2019 ALIY, AUREL 30 2586312 12/16/2019 LIPNER, JASON D

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1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 17 of 25

30 2586313 12/16/2019 BAGNATO, LEWIS A 30 2586314 12/16/2019 TOOMEY, RAYMOND Q 30 2586315 12/16/2019 PALMIERE, DANIEL A 30 2586316 12/16/2019 MANGIS, BRYAN C 30 2586318 12/16/2019 GRIFFIN, MALIK R 30 2586320 12/16/2019 BARCA, NICHOLAS J 30 2586889 12/16/2019 MYSNYK, NICHOLAS J 30 2586890 12/16/2019 DRYE, EDWARD B 30 2598123 3/9/2020 WILSON, CURTIS 30 2598126 3/9/2020 TURNER, JORDAN 30 2598128 3/9/2020 MCDERMIT, SETH 30 2598131 3/9/2020 WASHINGTON, RODNEY 30 2598137 3/9/2020 MACIOCE, ADAM 30 1458782 2/10/2020 LYLES, ANITRA J. 30 2528500 4/15/2019 BRINKMAN, ASHLEY L 30 2028949 2/10/2014 BEASOM, JASON P 30 2338227 2/21/2017 SISKO, ANGELA MARIE 30 2568666 9/16/2019 BRENINGHOUSE, MICHELLE R 30 2216723 8/31/2015 BARFIELD, MICHAEL 30 2507799 1/7/2019 FOLEY, RITA MARIE M 30 108152 9/1/2015 ASHAMU, DONNA L 30 2216624 9/1/2015 PROROK, LYNSEY R 30 2293228 7/11/2016 EBERHARDT, JUANIKA L 30 2013148 2/3/2014 BEADNELL, AMELIA J 30 2294254 7/18/2016 SIFORD, DAVID J 30 2215451 8/24/2015 JOSEPH, ALOYSIUS 30 2181521 4/20/2015 GILLESPIE, NORA E 30 2563190 8/19/2019 LEE, ROBERT M 30 103467 5/24/1999 EASLEY, CALVIN W 30 103726 2/14/2000 MOORE, SHAMAYNE R. 30 107734 8/6/2001 BRYER, DEBRA M. 30 593953 11/12/2002 BRYANT, DANA R 30 919052 1/1/2005 DORMAN JR, ROBERT B. 30 919053 1/1/2005 BEVAN, MELISSA A

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1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 1101 CORRECTIONAL OFFICER 7777 D&A ASSMNT & PLCMNT COORD 7777 DEPUTY HEALTH SERVICES ADMIN 7777 DEPUTY WARDEN 7777 DETOXIFICATION NURSE COORD 7777 DETOXIFICATION NURSE COORD 7777 DIRECTOR OF MENTAL HEALTH 7777 DIRECTOR OF NURSING 1801 DISCHARGE PLANNER 1801 DISCHARGE PLANNER 1805 DISCHARGE PLANNER - PT 9999 EXECUTIVE ASST TO THE WARDEN 7777 FINANCIAL MANAGER 7777 HEALTH SERVICES ADMINISTRATOR 7777 HEALTHCARE CONTRACT MONITOR 9999 HR GENERALIST 70130 IDENTIFICATION TECH 12 YEAR 70130 IDENTIFICATION TECH 12 YEAR 70130 IDENTIFICATION TECH 12 YEAR 70130 IDENTIFICATION TECH 12 YEAR 70130 IDENTIFICATION TECH 12 YEAR 70130 IDENTIFICATION TECH 12 YEAR

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 18 of 25

30 919054 1/1/2005 BRIGHT, GARY F 30 1017896 9/19/2005 BREITINGER, JESSICA L 30 2248684 2/22/2016 HALLSTEIN, CHRISTIAN A 30 2424825 1/22/2018 STICKLE, JEFF 30 2465793 5/29/2018 HICKMAN, STEPHANIE V 30 2117787 10/6/2014 KADUKE, RAYMOND M 30 2513757 2/19/2019 BACH, LAUREN E 30 2362496 4/24/2017 BOYD, ROCCO 30 1987094 10/21/2013 MOYE, JEFFREY J 30 2184002 6/3/2019 TOTH, JOSEPH M 30 2424407 4/30/2018 KYPTA, AMANDA M 30 2490752 10/14/2018 KAYLOR, MACKENZIE L 30 2548708 7/7/2019 GAZZAM, NATALIE R 30 2548711 6/3/2019 MYERS, KAILEE N 30 2577117 3/15/2020 NODAROS, CASSIDY 30 102073 7/17/1995 PASTOR, SAMUEL P 30 2215605 8/27/2015 THOMAS, BLONDEL 30 2215611 8/27/2015 BREWER, PATRICIA E 30 2216674 8/26/2015 CHIEKE, BERTHA O 30 2215591 8/27/2015 HAST-MURPHY, FERN 30 1118797 7/29/2007 KOHLER, MATTHEW E 30 2184897 5/4/2015 VANCHIERI, JACK V 30 2256714 3/21/2016 SMITH, ADAM T 30 829961 5/17/2004 TOMA, BLYTHE P. 30 2383607 7/17/2017 PISTILLI, KIMBERLY A 30 2519136 3/18/2019 SHEFFEY, DEBORAH A 30 2548695 6/3/2019 BUJANOWSKI, BRIANA L 30 2563192 8/19/2019 MEEHAN, PATRICIA D 30 2295931 7/25/2016 FICHTER, WENDY L 30 2305200 9/6/2016 DOMEK, AMIE A 30 2392080 8/28/2017 HOGAN, CHERYL Y 30 2215599 8/27/2015 CROSBY, TAKEIA J 30 2215616 8/27/2015 MURRELL, BERTIE Y 30 2216640 9/1/2015 RAINEY, DIANE L

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70130 IDENTIFICATION TECH 12 YEAR 70130 IDENTIFICATION TECH 12 YEAR 70130 IDENTIFICATION TECHNICIAN 1 70130 IDENTIFICATION TECHNICIAN 1 70130 IDENTIFICATION TECHNICIAN 1 70130 IDENTIFICATION TECHNICIAN 2
7777 INFECTIOUS DISEASE COORDINATOR 9999 INFORMATION TECH GENERALIST 70130 INMATE RECORDS CLERK 70130 INMATE RECORDS CLERK 70130 INMATE RECORDS CLERK 70130 INMATE RECORDS CLERK 70130 INMATE RECORDS CLERK 70130 INMATE RECORDS CLERK 70130 INMATE RECORDS CLERK 7777 INTERNAL AFFAIRS INVESTIGATOR 1801 LICENSED PRACTICAL NURSE 1801 LICENSED PRACTICAL NURSE 1801 LICENSED PRACTICAL NURSE 1805 LICENSED PRACTICAL NURSE - PT 7778 MAJOR 7778 MAJOR 7778 MAJOR 7777 MANAGER OF ADMINISTRATIN 1801 MEDICAL ASSISTANT 1801 MEDICAL ASSISTANT 1801 MEDICAL ASSISTANT 1801 MEDICAL ASSISTANT 1805 MEDICAL ASSISTANT - PT 1805 MEDICAL ASSISTANT - PT 1805 MEDICAL ASSISTANT - PT 1801 MEDICAL RECORDS CLERK 1801 MEDICAL RECORDS CLERK 1801 MEDICAL RECORDS CLERK

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 19 of 25

30 2216643 9/1/2015 KOZEL, RITA A 30 2295932 7/25/2016 HAMAR, REBECCA J 30 2215582 8/27/2015 WICHRYK, DARLENE A 30 2216679 9/1/2015 LERI, SUSAN 30 2216681 9/1/2015 IVAN, CARLA 30 2216710 9/1/2015 LASKEY, DANIEL J 30 2228209 6/12/2017 OREILLY, VINCENT E 30 2489478 9/17/2018 LATTIMER, MICHELLE M 30 2552827 6/24/2019 EMANUELE, CAROL A 30 2216709 9/1/2015 RIVI, MARIE C 30 2216947 9/1/2015 AUGE, LEE A 30 2382933 7/10/2017 REIS, SHERRY 30 2563128 8/19/2019 GRIFFITHS, DEBORAH J 30 2215617 8/27/2015 WARMAN, KAREN L 30 2216645 9/1/2015 KOVALCIK, MICHELLE C 30 2216646 9/1/2015 LEDBETTER, CLYDE 30 2216651 9/1/2015 PORTER, CHARLOTTE L 30 2315260 2/5/2017 HOWIE, ALISHA M 30 2478277 7/23/2018 CLAYTON, ROBIN R 30 2216629 9/1/2015 LEBAKKEN, MEGAN 30 2490956 1/13/2020 GARLAND, JARRETT M 30 2598133 3/9/2020 BURKE, NIKITA N 30 103616 11/8/1999 MIDDLETON, LISA 30 102644 10/30/1995 ROOF, DAWN M 30 1122809 8/21/2006 PRATT, PHILIP H 30 1528091 8/3/2009 KADUKE, RUTH E 30 2273305 5/2/2016 HEINTZ, DENNIS E 30 104417 8/6/2001 DELUCA, LAUREN J 30 2290601 5/28/2017 BEHANNA, AMANDA J 30 2568631 9/30/2019 SHINKONDE, NOSISA M 30 2216658 9/1/2015 VETO, PAUL V 30 2216661 9/1/2015 DIXON, MARJORIE L 30 2428829 2/12/2018 SNEAD, LATREACE M 30 2594781 3/2/2020 CONTI, GARRETT G

304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 304301 300101 300101 300101 300101 304301 300101 304301 304301 304301 304301 304301 300101

1801 MEDICAL RECORDS CLERK 1805 MEDICAL RECORDS CLERK - PT 1801 MENTAL HEALTH REG NURSE 1801 MENTAL HEALTH REG NURSE 1801 MENTAL HEALTH REG NURSE 1801 MENTAL HEALTH REG NURSE 1801 MENTAL HEALTH REG NURSE 1801 MENTAL HEALTH REG NURSE 1801 MENTAL HEALTH REG NURSE 1805 MENTAL HEALTH REG NURSE - PT 1805 MENTAL HEALTH REG NURSE - PT 1805 MENTAL HEALTH REG NURSE - PT 1805 MENTAL HEALTH REG NURSE - PT 1801 MENTAL HEALTH SPECIALIST 1801 MENTAL HEALTH SPECIALIST 1801 MENTAL HEALTH SPECIALIST 1801 MENTAL HEALTH SPECIALIST 1801 MENTAL HEALTH SPECIALIST 1801 MENTAL HEALTH SPECIALIST 1805 MENTAL HEALTH SPECIALIST - PT 1805 MENTAL HEALTH SPECIALIST - PT 1805 MENTAL HEALTH SPECIALIST - PT 7777 OFFENDER MANAGEMENT SYS COORD 9999 PAYROLL CLERK 9999 PAYROLL CLERK 9999 PAYROLL CLERK 9999 PAYROLL CLERK 7777 PAYROLL MANAGER 1801 PHARMACY TECHNICIAN 1801 PHARMACY TECHNICIAN 1801 PSYCHIATRIC AIDE 1801 PSYCHIATRIC AIDE 1801 PSYCHIATRIC AIDE 7777 PUBLIC INFORMATION OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 20 of 25

30 2215587 8/27/2015 DURSO, SANDRA L 30 2216642 9/1/2015 LONG, MARIA E 30 2216652 9/1/2015 ONDREY, DANIEL E 30 2216675 9/1/2015 WILLIAMS-LATHAM, TERESA E 30 2279409 6/26/2016 JONES, COLETTE I 30 2328068 12/12/2016 WARNER, MICHAEL 30 2372250 5/22/2017 KUDRAV, LISA E 30 2382963 7/10/2017 KUZSKI, BERNARD 30 2385152 7/24/2017 SPALLA, REGINA 30 2586344 12/16/2019 LUTZ, ROXANNE L 30 2216902 9/1/2015 UNDERWOOD, MICHELLE T 30 2216915 9/1/2015 GRUNWALD, CHRISTINA 30 2557743 7/22/2019 SUMMERS, SHELDON T 30 2564554 8/26/2019 MILLER, NIA N 30 2588195 1/6/2020 HOFFMAN, STEVEN J 30 100004 6/2/1980 MCCLELLAND JR, DONALD L 30 100038 6/30/1980 MANUEL, MICHAEL J 30 100061 7/28/1980 DAILEY, DENNIS M 30 100099 10/6/1980 LAZZARO, MARK A 30 100183 4/13/1981 HUGHES, LOUIS M 30 100194 5/18/1981 BROCKHOFF, DAVID A 30 100259 3/22/1982 DOYLE, MICHAEL V 30 100260 3/22/1982 HELT, BRUCE F 30 100261 3/22/1982 YOUNGE, JACE M 30 100381 12/9/1985 FALOON, DANIEL S 30 100495 4/30/1984 DEL PERCIO, FRANCIS A 30 100501 5/14/1984 DUCKER, MICHAEL R 30 100736 6/2/1986 OTOOLE, DENIS P 30 100775 12/9/1985 MCMULLEN, TERRENCE P 30 100780 12/9/1985 DUFFY, JOHN M 30 100783 12/9/1985 WEBER, DONALD T 30 100802 2/3/1986 O'NEIL, BRIAN T 30 100803 2/3/1986 SCHAEFER, MARK J 30 100813 2/3/1986 HANUS JR, PAUL MICHAEL

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1801 REGISTERED NURSE 1801 REGISTERED NURSE 1801 REGISTERED NURSE 1801 REGISTERED NURSE 1801 REGISTERED NURSE 1801 REGISTERED NURSE 1801 REGISTERED NURSE 1801 REGISTERED NURSE 1801 REGISTERED NURSE 1801 REGISTERED NURSE 1805 REGISTERED NURSE - PT 1805 REGISTERED NURSE - PT 1805 REGISTERED NURSE - PT 1805 REGISTERED NURSE - PT 1805 REGISTERED NURSE - PT 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 21 of 25

30 100820 30 100823 30 100824 30 100835 30 100839 30 100848 30 100854 30 100855 30 100856 30 100865 30 100876 30 100886 30 100906 30 100936 30 101213 30 101274 30 101282 30 101302 30 101415 30 101499 30 101512 30 101516 30 101517 30 101518 30 101521 30 101549 30 101692 30 101795 30 101799 30 101816 30 101819 30 101824 30 102065 30 102067

2/10/1986 GLASER, JOSEPH L 2/11/1986 SYNAN, NICHOLAS J 2/11/1986 WILKINSON, ROBERT W 2/24/1986 BROZOVICH JR, ANTHONY J 2/24/1986 LATINOVICH, MARIAN C 3/10/1986 ISTIK, GEORGE J 3/10/1986 LUBAWY JR, FRANCIS A 3/10/1986 LONGACRE JR, JAMES S 3/11/1986 CHAPMAN, DALE A 3/31/1986 HELFRICH, TIMOTHY D 4/21/1986 SALOPEK, MICHAEL J
5/5/1986 LARKIN, KEVIN M 5/28/1986 HLOVCHIEC, ROBERT J 8/11/1986 HARRIS, CHARLES R 12/31/1987 HOOD, RICHARD W
7/6/1988 RUDZKI, DAVID F 8/8/1988 MANDARINO, CHARLES R 10/3/1988 STUPKA, DONALD J 5/15/1989 DRENNING, RUSSELL D 9/28/1989 MACEJOVSKY, MARK A 10/10/1989 HACKETT, MICHAEL S 10/10/1989 EDWARDS, JOHN L 10/10/1989 FAHERTY, THOMAS P 10/10/1989 PALOCHICK, STEVEN J 10/10/1989 WISNIEWSKI, TIMOTHY R 12/18/1989 BRADICA, NICHOLAS 8/13/1990 WHITE, KEVIN W 2/25/1991 MALSEED, PATRICK J 2/25/1991 ODONNELL, RICHARD A 2/25/1991 SMITH, ROBERT D 2/25/1991 BRATTINA, STEVEN J 2/25/1991 YAGATICH, STEPHEN J 8/10/1992 DONATO, JOSEPH A 8/10/1992 HENDRICK, DANIEL M

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3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 22 of 25

30 102088 30 102089 30 102336 30 102342 30 102345 30 102415 30 102431 30 102432 30 102433 30 102458 30 102460 30 102462 30 102466 30 102467 30 102473 30 102479 30 102480 30 102487 30 102532 30 102549 30 102555 30 102563 30 102564 30 102566 30 102570 30 102577 30 102584 30 102585 30 102588 30 102589 30 102591 30 102612 30 102614 30 102619

8/10/1992 YEAGER, DANIEL R 8/10/1992 CRUMP, TERRY W 1/24/1994 HELT, DANIEL J 3/14/1994 FORD, ROSALYN O 3/14/1994 REILLY, LAWRENCE F 8/22/1994 MARTINEAU, ROBERT P 11/17/1994 CORRADO, ANTHONY D 11/17/1994 DEVLIN, ALBERT J 11/17/1994 FREISS, ROY W 11/17/1994 MCVAY, JOHN E 11/28/1994 ZAJCH, KENNETH G 11/17/1994 YANNOTTI III, JOSEPH 11/17/1994 RITTKO, HOWARD W 11/17/1994 PUCCIARELLI, DEBORAH L 12/27/1994 MURCHISON, RAMONA A 12/27/1994 ODONNELL, DANIEL T 12/27/1994 HALEY, JOHN C
1/9/1995 BRINKERHOFF, ANNA P 5/30/1995 FARRELL, DEAN M
7/3/1995 YEAGER, DWAYNE E 7/24/1995 WRIGHT, VICTOR P 7/31/1995 WALLACE, DONALD L 7/31/1995 LITTLE, GEORGE W 7/31/1995 MARTIN, NORMAN D 7/10/1995 BOOZEL, THOMAS A 7/17/1995 SPINOSI, RONALD J 7/31/1995 ONYSHKO, DAVID J 7/31/1995 PINCKNEY, JEFFREY L
8/7/1995 PFEIFFER, BRIAN C 8/7/1995 GINSER, VINCENT M 8/14/1995 SMEDLEY, DEBORAH A 8/14/1995 ZIEGLER, KENNETH H 8/14/1995 GOEHRING, PAUL J 8/21/1995 TRUSS, VINCENT H

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3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 23 of 25

30 102621 9/11/1995 CLARK, GREGORY A 30 102634 10/30/1995 COLBERT, JOHN W 30 102641 10/10/1995 OLLISON, DARWIN D 30 102643 10/30/1995 BURROUGHS, DARRELL L 30 102668 12/26/1995 PETRILLI, DAVID W 30 102670 12/26/1995 FARABAUGH, JEFFREY J 30 102805 10/28/1996 BRYANT, NATALIE V 30 102848 6/8/1997 CLIFFORD, THOMAS 30 102945 6/9/1997 BEST, GEORGE 30 102960 6/23/1997 SHOLEK, MARK M. 30 103102 5/12/1998 MARTIN, RICHARD T. 30 103122 5/12/1998 CRAWLEY, LONNIE T 30 103127 8/1/1999 REDDICK, PATRICIA ANN 30 103262 9/27/1999 WORMSLEY, KENNETH S. 30 103264 9/27/1999 SINKLER, CRAIG A 30 103657 6/25/2000 FOY, JAMES S. 30 103901 9/24/2001 GLAZAR, SEAN P. 30 104012 1/13/2002 DEBOLD, CYNTHIA C 30 104410 7/30/2001 BONENBERGER, MARGUERITE S 30 104496 10/6/1975 OSTRY, WALTER 30 106500 10/19/1977 SWEENEY, JAMES E 30 107927 3/10/1986 SPANITZ, EDWARD S 30 107942 6/18/1979 COREY, DANIEL W 30 141074 1/14/2001 YEAGER, DANIEL W. 30 671917 8/6/2006 DANIELS, EDITH L 30 1118807 4/27/2008 GEHRING JR., DONALD R. 30 102434 11/17/1994 HEFFLIN, HERMITA J 30 102587 8/7/1995 MOORE, ANDREA C 30 103114 9/20/1998 GANDZIARSKI, MICHAEL T. 30 103976 1/13/2002 SLABY, WILLIAM M. 30 104148 6/15/2003 MILLER SR, CHARLES K. 30 104752 7/10/2005 NORT, JOHN 30 777633 2/5/2006 COULTER, ANDREW J 30 808013 8/6/2006 GREENAWALT, HEATHER J.

300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300101 300105 300101 300101 300101 300101

3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 3333 RETIRED CORRECTIONAL OFFICER 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 24 of 25

30 911675 3/29/2009 RAIBLE, JOHN M. 30 1118795 2/3/2008 COSTELLO, KEVIN 30 1152552 8/17/2008 BYTNER, STEVEN R 30 1386035 12/6/2009 ANDRASCIK, JESSE J 30 1386040 2/14/2010 GILLESPIE, MICHAEL G. 30 1386042 8/30/2009 LEE, RICHARD M. 30 1386047 9/27/2009 JUSTICE, RANDY 30 1508242 4/10/2011 BROWN, MICHAEL R 30 1508260 9/25/2011 LARDIN, DWAYNE H 30 1508262 4/10/2011 MARKOVITZ, DAVID M 30 1570893 3/9/2014 KERNAN, TIFFANY M 30 1643073 5/4/2014 RADACI, CHRISTOPER 30 1724549 7/27/2014 GERBER, RICHARD O 30 1724552 7/20/2014 JUDGE, EUGENE M 30 1825660 9/21/2014 FALCONE, MARK A 30 1825671 9/21/2014 JUSTICE, JORDAN M 30 1825686 9/21/2014 KOZLOWSKI, JASON T 30 2146362 4/19/2015 TUCKER, ALYSSIA C 30 2338233 9/17/2017 SARVER, HUNTER T 30 2473142 6/25/2018 HALL, STEPHANIE R 30 2552812 6/24/2019 BALL, ASHLEY D 30 2563129 8/19/2019 HELSEL, SHANE A 30 101906 12/20/2004 RUSSELL, ANTHONY 30 919056 1/1/2005 MCQUAIDE, DENNIS J. 30 919070 1/1/2005 FAULDS, MICHAEL R. 30 2563207 8/19/2019 SMITH, ROBYN G 30 2593520 2/18/2020 AMANN, SCOTT J 30 2554961 7/8/2019 BOWLING, ALI L 30 2318988 10/31/2016 BANEY, DONNA E 30 2492041 10/1/2018 NORTHCOTT, JESSICA L 30 2506611 12/17/2018 SICH, NICOLE M 30 2523857 4/1/2019 WALLACE, MARA A 30 2565976 9/3/2019 MAUTHE, KARISA L 30 2572545 9/30/2019 MARSH, JOSEPH S

300101 300101 300101 300105 300101 300101 300101 300101 300101 300105 300101 300101 300105 300101 300105 300105 300101 300101 300101 300101 300101 300101 300105 300105 300105 304301 300101 304301 304301 304301 304301 304301 304301 304301

1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 1102 SERGEANT 70130 SR IDENTIFICATION TECH 12 YEAR 70130 SR IDENTIFICATION TECH 12 YEAR 70130 SR IDENTIFICATION TECH 12 YEAR 7777 STAFF EDUCATOR 7777 STAFFING MANAGER 9999 STAFFING SPECIALIST 1801 SUBSTANCE ABUSE COUNSELOR 1801 SUBSTANCE ABUSE COUNSELOR 1801 SUBSTANCE ABUSE COUNSELOR 1801 SUBSTANCE ABUSE COUNSELOR 1801 SUBSTANCE ABUSE COUNSELOR 1801 SUBSTANCE ABUSE COUNSELOR

Case 2:20-cv-00496-CB-CRE Document 18-10 Filed 04/09/20 Page 25 of 25

30 2593395 2/3/2020 PHILIPPONE, MONICA J 30 2602961 3/30/2020 NEUSCH, JORDAN D 30 2215510 8/26/2015 CULLETON, MARK W 30 2226710 10/19/2015 SCIULLI, PATRICK 30 1800056 8/13/2012 VELEZ, LYDIA D 30 100975 2/18/1997 MISTICK, WILLIAM A 30 1810492 10/15/2012 HARPER, ORLANDO 30 2485764 9/4/2018 KOVAL, KEVIN K 30 808018 8/6/2006 NICINI, NICHOLAS

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1801 SUBSTANCE ABUSE COUNSELOR 1801 SUBSTANCE ABUSE COUNSELOR 1805 SUBSTANCE ABUSE COUNSELOR - PT 9999 SUPPLY CLERK 7777 TREATMENT SERVICES COORDINATOR 7777 VIDEO ARRAIGNMENT COORDINATOR 7777 WARDEN 70130 WAREHOUSE CLERK
0 WORKER'S COMP

Case 2:20-cv-00496-CB-CRE Document 18-11 Filed 04/09/20 Page 1 of 36
Exhibit J

CasCea2s:e202-:c1v7--0c0r-409061-8C3B--CCBREDoDcoucmuemnet n8t81-18-1F1ileFdil0e4d/0064//2009/2P0agPea1geof22o1f 36

COUNTY OF

ALLEGHENY

TO: FROM:
DATE: RE:

Orlando L. Harper, Warden

Rich Fitzgerald County Executive

Administrative Team: Chief Deputy Wardens, Deputy Warden, and Majors Dr. Donald Stechschulte, Jr. Medical Director Lauren Bach, Infectious Disease Coordinator Robyn Smith, Healthcare Staffing Educator Assistant Director’s of Nursing

March 30, 2020

Continuing of Operations Plan: COVID-19 (Updated)

SITUATION
COVID-19, Coronavirus disease 2019 is a novel (new) coronavirus that was first identified in Wuhan, China. The virus is believed to be spread from person-to person through respiratory droplets that are transferred through close contact. Typically, close contact is defined as within 6 feet. Disease transfer is believed to occur when an individual who is infected coughs or sneezes and a well person inhales the respiratory droplets. It is believed that indirect contact may occur when a surface or object has the virus and a well individual touches their mouth, nose, or eyes.
No vaccine or specific treatment for COVID-19 is currently available. Care is supportive for symptom reduction, elimination, or management. Reported illnesses have ranged from mild to severe, including illness resulting in death. Individuals who have travelled to places where the virus is occurring, or areas that are defined as having community spread, are at the most risk for contracting COVID-19. Patients with COVID-19 experience a respiratory illness (ranging from mild to severe) and symptoms include: fever, cough, and shortness of breath.
The threat of disease spread can be dramatically reduced by ensuring that employees/volunteers who are ill seek treatment and stay home, employ the use of appropriate hand hygiene, reduce or eliminate hand shaking contact, cover coughs/sneezes with the use of tissues or redirection of coughs and sneezes into elbows or sleeves, and routinely cleaning surface areas and frequently touched objects. As influenza is still active, it is important for general hygiene practices to be maintained and for individuals who feel sick to seek guidance and treatment from their healthcare professionals.
Much is to be learned about this new virus and updates will continue to be provided by the Center for Disease control and communicated to Federal, State, and Local Departments for dissemination through the appropriate designees. The Allegheny County Jail will continue to collaborate and coordinate with other County departments, to include the Health Department, to reduce the impact of disease spread.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us
Exhibit A

CasCea2s:e202-:c1v7--0c0r-409061-8C3B--CCBREDoDcoucmuemnet n8t81-18-1F1ileFdil0e4d/0064//2009/2P0agPea2geof32o1f 36
MISSION
The Allegheny County Jail will work to effectively reduce or mitigate the spread of illness throughout the facility. The Allegheny County Jail will ensure that all precautions are taken appropriately and that the health, safety, and security of all inmates, volunteers, and employees will remain the primary focus throughout planning and response periods.
This emergency preparedness plan will involve communication and collaboration with multiple county departments, to include, but not limited to: Allegheny County Health Department, Allegheny County Sheriff’s Department, Allegheny County Emergency Medicine Services, Alternative Housing Departments, Allegheny Health Network, and Allegheny County Courts.
Additionally, the Allegheny County Jail will ensure that all individuals who are placed into our custody are afforded every available service to involve medical treatment if necessary, dietary needs when applicable, safe and secure processing from arraignment to release or incarceration, in accordance with all applicable laws, and ACJ policies and procedures.
EXECUTION
Throughout the facility, signage has been posted to increase awareness and educate on appropriate hand washing/hand hygiene as well as the signs/symptoms of COVID-19. Signs will notify that coughs and sneezes should be redirected into elbow or sleeve, hands shall be washed frequently with soap and water for at least 20 seconds, avoid touching face when possible and to clean surfaces frequently.
Appropriately diluted cleaning agents will be deployed to all areas of the facility (solution will be made with bleach). To clean surface areas, the area shall be saturated with the cleaning agent and will remain on the surface for 5 minutes to air dry. Areas, such as phones, should be saturated with the cleaning agent and wiped to allow for cleaning of all areas, should be permitted to air dry.
Employees will be reminded that if they are sick, they should seek medical treatment and follow the recommendations of their provider.
Personal Protective Equipment (PPE) will be made available to inmates and staff, as deemed appropriate. Authorized PPE may include surgical/procedural masks, goggles, N95 masks, gowns, and protective disposable gloves.
Increased availability of fluids (i.e. water) shall be made available to housing units where individuals are symptomatic.
Inmates will be screened upon entry to the facility and heightened attention will be given to those on the intake housing units. Continuous contact and communication will occur with Jail Administration, Medical Director, and Allegheny County Health Department. All recommendations will be followed to prevent an outbreak within the facility.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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As treatment, testing, or vaccinations become available, a coordinated plan will be developed and executed to reduce further spread of illness.
Changes in operations will be ongoing as more information becomes available and as the risk level of Allegheny County shall change (increase).
If any staff member, regardless of their department, is concerned about an inmate or other staff member having symptoms of respiratory illness, these should be immediately reportable to the ADON and/or Shift Commander. This will help ensure a more thorough surveillance of potential infection throughout the entire building. Our inmate population can be immediately seen by the healthcare department upon suspicion or presentation of symptoms. Reporting of another staff member to the Shift Commander and/or the ADON can help ensure potentially infectious staff members are sent home; appropriate cleaning procedures and contact tracing can also be conducted. These actions and heightened awareness and communication is vital to the health and safety of every individual who works or lives within the institutional walls.
EMPLOYEE SCREENING Effective, Saturday 3/28/20, all employees (county and contracted) will be required to participate in screening in the Employee Entrance Vestibule.
Screening Procedure Healthcare employees or a Contracted vendor will take the employee’s temperature (temporal, tympanic, and oral thermometers available) while observing any visible symptoms and inquiring about the individual’s recent travel, symptoms, and contact with others.
Questions asked: 1. Have you travelled outside of Pittsburgh within the past two (2) weeks? 2. Have you had any contact with anyone displaying symptoms of COVID-19? 3. Have you experienced any symptoms of COVID-19? (shortness of breath, cough, temperature, loss of smell, loss of taste)
If an employee has a temperature that is at or above 99.5 degrees Fahrenheit, they will be required to wait and have their temperature taken again in 3-5 minutes. The determination of 99.5 degrees is to account for 0.5 degree of variability with the thermometer as the Health Department currently recommends for precautions to be taken at 100.0 degrees Fahrenheit.
While waiting for the second temperature, the employee will be asked additional questions to include: 1. Have you noticed a temperature before we took yours today? 2. Have you been around anyone who has displayed symptoms of shortness of breath, coughing, loss of smell/taste, temperature within the last 14 days? 3. Have you had any known contact with anyone diagnosed with COVID-19? 4. Have you recently been around anybody known to be diagnosed with the flu or a different respiratory condition?
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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If the second temperature reading is at or above 99.5 degrees Fahrenheit, the employee will not be permitted to work for that day. The employee will be advised to contact UPMC Work Partners to open a leave of absence and site an Administrative Leave due to their positive screen.
The COVID-19 Employee Screening form will be completed, in its entirety, and submitted to supervisory staff. The supervisor will make adjustments to the schedule to reflect this employee’s absence and will forward the form appropriately. This form will be submitted to Payroll to ensure that the documentation accounts for their date of missed work.
If the employee does not develop symptoms, they are permitted to return to work on their next scheduled day. If the employee does develop symptoms, they should make notification to HR/Administration and should be directed to reach out to their Healthcare Provider for testing. Testing can also be arranged through the Allegheny County Health Department.
NEW ARRESTS/ADMISSIONS TO ALLEGHENY COUNTY JAIL
Healthcare Screening: Intake At time of medical clearance, vitals will be taken of every incoming new arrest/detainee. All individuals will be screened with the following questions:
1. Does patient have fever? Yes or No 2. Does patient report any symptoms of upper or lower respiratory infection (cough, chest pain, shortness
of breath)? Yes or No 3. Does patient report recent travel to, or contact with a person who has traveled to, a known affected
area within the last 14 days? Yes or No 4. Does patient report contact with known laboratory confirmed case of COVID-19? Yes or No
Individuals who have a fever (based on vital signs) and answer yes to 2 or more of the proceeding questions shall be given a mask and placed in a single cell. Areas of travel will be documented within the progress notes and immediate notification to the Healthcare Manager on Duty. These individuals may be tested to determine if they have influenza. These individuals will be recognized as “additional precautions” and will also be prioritized for receiving screening to determine if there are any underlying medical conditions that may place them at a higher risk. Upon completion of all screens/assessments, healthcare staff shall wipe down all surface areas that the individual contacted (to include signature pad).
Healthcare professionals shall probe for more information when someone provides an affirmative response to the travel questionnaire. Additional questions shall be asked to assist in the identification of risk:
1. Was recent travel foreign or domestic? 2. Was there travel by airplane, vehicle, or train? 3. Were they in close contact (defined as within 6 feet) of someone who was demonstrating respiratory
symptoms? 4. Do they have a fever or atypical vital signs and how long have you had these symptoms? 5. Have they been around someone who was diagnosed with a respiratory infection, influenza, or any
other known illness that is NOT COVID-19? 6. Have they been around someone diagnosed with COVID-19 and where were they tested/diagnosed?
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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The intake supervisor will be informed of the individual’s identity and the need for additional precautions at this time. The intake supervisor shall make notification to the ID department and Pre-trial services to ensure that the staff will exercise additional precautions.

The “at-risk” individual shall be placed in a holding cell alone or with other symptomatic individuals if space does not allow for single cell housing.

The Healthcare On-Site Manager (Assistant Director of Nursing or Healthcare Director) shall be notified when

there are individuals who could be presumptive cases or persons under investigation. The provider will

complete an assessment of the individual and the individual will be isolated in a holding cell. If clinical

symptoms indicate a necessity to pursue testing, the health department will be consulted to determine if testing

should be completed by calling

. The provider will review and complete the Human Infection

with 2019 Novel Coronavirus Person Under Investigation (PUI) and Case Report Form. The provider will obtain

the specimen as indicated by the PA Department of Health Coronavirus 2019 (COVID-19) Specimen Collection

and Shipping Guidance form while wearing all approved PPE. The specimen shall be placed in a biohazard

specimen bag and will be placed on ice until it is picked up for laboratory testing.

Individuals shall be encouraged to consume fluids and rest. Individuals who have medical conditions that may increase their risk of dehydration (i.e. detoxification) shall be provided with frequent offerings of beverages.

Intake holding cells have had soap dispensers added to allow for frequent hand washing of new arrests.

Housing in Intake Female Holding Cells: 1. 2. 3. 4.
*Special precautions shall be taken with females who are pregnant. These individuals shall be prioritized
through all screening processes to reduce/limit exposure. Male Holding Cells:
1.

2. 3. 4. 5. 6. 7. 8.

In order to mitigate risk and disease spread, healthcare and correctional staff will work to promptly process all individuals (per procedures) to reduce the requirement of shared spaces by large volumes of individuals.

Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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continue to be provided. The contracted dental provider will continue to follow all appropriate measures of infection control.
Clinic Services In order to reduce movement and communal settings for inmates from varying housing settings, the clinic will be closed except for necessary populations (e.g. pregnant females and radiology). Healthcare staff will be deployed to housing units to perform non-emergency healthcare requests, provider visits, or assist in other locations of the facility that have critical staffing needs.
Reducing Movement When possible, individuals will remain on their housing units to receive services. If individuals within Allegheny County were to be diagnosed with COVID-19, determinations would be made to reduce movement in the facility to emergent movement.
NON-ESSENTIAL SERVICES
With additional direction from community stakeholders, it has been determined that the most responsible decision to reduce the risk of community spread will be to temporarily suspend non-essential services in the facility and restrict the number of individuals entering/exiting the facility. Due to these recommendations, classes in the education department, Reentry, large gyms, and housing units shall be suspended.
Further action plans for respective departments of “non-essential” services are defined below.
Education Services/Inmate Programs In collaboration with the Allegheny Intermediate Unit (A.I.U.) leadership, contingency plans have been developed. A.I.U. Juvenile and Adult Education programs have developed education packets for weekly distribution to inmates to encourage ongoing learning and continued operations.
Education material for both Juvenile and Adult Education Programs will be stored in a Central Location will be designated for emergency only). Material will be in manila folders labeled
with each individual inmate’s name.
Distribution of educational materials will be done by the Inmate Programs Administrator, Correctional Officer, or designee. Distribution time will be determined based on the ACJ procedure of who would be permitted to enter the housing units.
Additional outreach is occurring with contracted service providers and volunteers (i.e. Batterer’s Intervention Program, Creative Writing, Veteran’s Pod, Father’s Support Group, and AA/NA) to develop course material on paper. The inmate participate would have to turn completed work at a designated time to receive credit.
Petey Greene mentors are also currently suspended from providing services within the facility. Religious Services Volunteers will be suspended until professional visits resume. Communal practice of religious services will be temporarily suspended. In collaboration with the Chaplaincy department, a reduced schedule will be developed
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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to allow for staff to provide religious support while reducing or mitigating the risk of any potential for disease spread. Materials necessary for religious observation will be provided to allow for the continued opportunity for inmates to privately observe their religious practices.

Chaplaincy Programs

and will continue to facilitate the following services:

answering inmate requests for devotionals and scriptures, providing weekly devotional resources to the housing

units, visiting inmates upon referrals, providing notice and support during death notifications or notifications of

serious illness of their loved ones, responding to emergent needs for spiritual counseling, supplying reading

glasses, and supplying leisure material (i.e. crossword puzzles, word searches, books).

HOPE/Pre-Release Program Volunteers (therapists, yoga instructors, Bible study leaders, etc.) will be suspended until professional visits resume. HOPE/Pre-Release permanent staff will also complete curriculum and resource development from remote/off-site locations to reduce introduction of disease on the housing unit.

Re-Entry Services Instructors, mentors, therapists, tutors, etc. will be suspended until professional visits resume. Contracted service providers (Parenting, Relationships, Thinking for Change, etc.) will develop and provide 1-2 week packets for distribution to the participating population.

Visitation Contact visits are suspended until further notice. Ongoing conversations will take place to establish next steps for contact visits that are currently under court order.

Beginning Monday, March 16, 2020 and for the following two weeks, all social visits (even non-contact) will be suspended until further notice.

Visiting (M) levels have had paper towel dispensers installed and will have appropriately diluted solution (bleach) available for ongoing cleaning to take place.

Attorney visits will continue, as indicated. Additional considerations will be made to determine the feasibility/sustainability of video conferencing for visits.

Commissary Services Staff employed by the Commissary vendor (TKC Holdings Inc.) shall ensure that they are briefed in their organizations COVID-19 Emergency Action Plan and all updates to their plan will be communicated to the Administration of the Allegheny County Jail.

Continued delivery of services will be permitted at the discretion of the Jail Administration. To observe recommendations for reduced contact and social distancing, contracted commissary employees will not count items with the inmate. Instead, the items will be packaged and provided in a bag to the inmate who will sign for receiving their order. Inmates who are unwilling to accept their order in this manner will not receive their items and will be credited for their order.

Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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COURTS/TRANSFERS/LEGAL SERVICES/RELEASES

Per order of President Judge Kimberly Clark, the Court of Common Pleas of Allegheny County, Fifth Judicial District, invoked an order consistent with the Supreme Court of Pennsylvania to outline emergency operations from March 17-April 14, 2020. The order outlines the operations of the courts throughout this time period and will be expressly supported and followed by the Allegheny County Jail.

Excluding emergent circumstances, all inmates will be screened prior to their transfer off-site with any transporting agency. A “COVID-19 Transfer/Release Screening Form” will be completed to include the Name, Inmate Number, Date of Birth, Date of Completion, Temperature reading 1, Temperature reading 2, Indication of Respiratory Symptoms, Indications for Precautions, and the name of the Healthcare professional that completes the screening. This form will be scanned into their Electronic Health Record and a copy will be provided to the transporting agency.

Receiving Transfers from Other Facilities (County, State, and Federal) Any information relevant to the population shall be coordinated with all points of contact at each facility. When transferring individuals from our facility to others, relevant screening information and health transfer sheets shall be sent to coordinate care.

Additional precautions shall be taken when receiving individuals from facilities where diagnoses have occurred.

Court Movement Court movement will continue to follow all appropriate procedures. When possible, video conferencing will be utilized to limit the movement of individuals. If an individual is currently on precautionary/quarantine status, Pretrial services and the Judge will be notified to make determinations regarding their case. Sheriff’s shall report any potential signs of illness during transports.

Video Arraignment Until further notice, video arraignment will continue to follow their previously determined schedule with cooperation from multiple jurisdictions. If there is stakeholder interest in expanding services to accommodate video conferencing, the hours of operation will be modified to support these initiatives.

The video complex currently has different video conferencing stations with chairs capable of serving inmates. The chairs will be moved to comply with social distancing recommendations by spacing chairs apart by several feet.

To support ongoing violation hearings, the hearing officer can video conference from the

and

the Probation Officers can be contacted via phone.

Should transfers to the courthouse discontinue, continued operations of video arraignment will be determined based on the indicated demand of services.

Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Transfers to Alternative Housing Sites (Renewal, Inc. and The Program for Offenders) Beginning 3/13/20, transfers to alternative housing sites will cease to assist in their management of the population and decrease the incidence of disease spread. Each Alternative Housing provider will activate their continuing of operations plans and will provide those plans to the Administration at the Allegheny County Jail.
Permanent Releases from the Facility Allegheny County Criminal Justice Representatives (Office of the Public Defender, Pre-Trial Services, District Attorney’s Office, etc.) shall continue to review the current incarcerated population to determine if any nonviolent offenders are eligible for release.
Discharge and Release processes will continue to be sustained throughout this time period and will be reducing the hours of operation to sustain services between 8:30am-5:00pm Sunday-Saturday. Services will continue to include offering Narcan, providing resources/referrals, facilitating phone calls, and providing bus tickets. All inmates who are prescribed medications will leave with the appropriate amount of medications and scripts (when applicable). During the additional evening hours, the Intake Supervisory staff will be prepared to provide vouchers for public transportation use.
The Cashier’s Office will also work with reduced hours. If individuals are released outside of hours, coordination will be made to ensure that they receive the money from their accounts in accordance with policy and procedure.
Transfers to the Hospital Any urgent or emergent medical needs that exceed the level of care that can be provided on-site will be referred to an appropriate off-site treatment provider. Excluding emergent trips, a transfer screening will be completed to accompany the inmate. The receiving provider will also be notified, prior to receiving the inmate, of any risk factors or persons under investigation to appropriately prepare for the new admission.
In emergent transports, when 911 is called, the dispatcher must be informed if the patient has symptoms of COVID-19. This notification will allow the responders to ensure the utilization of the appropriate PPE for the transport and will also make additional notification to the receiving hospital.
In collaboration with our institutional medical partner, Allegheny Health Network (AHN) has requested that procedures be limited to emergent or planned medically urgent at all of their AHN sites. AHN has requested a cancellation or postponement of elective and not medically urgent procedures.
AHN has defined elective and not medically urgent to include: screening endoscopy, elective arthroplasty, neurologically-intact spine surgery, outpatient arthroscopy, delayed breast reconstruction, ostomy reversals, aesthetic surgery, reducible hernias, elective SVT ablations US guided thyroid biopsies, joint injections/arthrograms.
AHN has defined planned medically urgent to include: cancer surgery, interventional cardiac catheterization, fractures, acute infections, cholecystitis, appendicitis, CABGs, tendon/nerve injuries, tracheostomies, other procedures that will facilitate patient disposition.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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AHN has defined emergent to include, but not limited to: open fractures, limb ischemia, intracranial hemorrhage, penetrating trauma, bowel perforation/ischemia, bleeding, neurologically-compromised spine surgery.
TREATMENT
Incarcerated individuals who can be managed on-site will be encouraged to rest and drink fluids. Individuals will remain locked in their cells and separated from the general population. Medicines will be provided, at the discretion of the healthcare providers, to address their symptoms (i.e. acetaminophen for fever reduction). Monitoring and treatment determinations will be made by the authorized healthcare providers.
If an individual is diagnosed with COVID-19, medication pass will be conducted at their cell door. Healthcare professionals and correctional staff should utilize precautions and wash hands after contact with individuals who are sick.
If the incarcerated individual’s illness and symptoms are too severe, warranting a higher level of care, transfer will be coordinated with one of the local hospitals for admission. At time of transport, the inmate shall be provided with a surgical/procedure mask and transporting staff will be provided with N95 masks. All healthcare and correctional staff shall utilize disposable gloves.
DIETARY
Staff employed by the Dietary vendor (TKC Holdings Inc.) shall ensure that they are briefed in their organizations COVID-19 Emergency Action Plan and all updates to their plan will be communicated to the Administration of the Allegheny County Jail. Dietary vendor will ensure that frequent cleaning occurs throughout the kitchen area and will avoid contact with food. All inmate workers will continue to utilize appropriate protective measures. Dietary vendor will ensure compliance to all indicated measures to promote food safety.
To reduce exposure from the inmate population to staff, Trinity Take Out (TTO) will be discontinued until further notice.
Inmates who are on precautionary or isolation status will be provided their food in a disposable container.
ENVIRONMENTAL CLEANING
Authorized cleaning agents will be deployed to Employee Lounge/ODR, Control Booth, Shift Commander’s Office, Education Department, Chaplaincy Department, Discharge and Release Center, and other areas that employees frequently occupy. Employees shall be responsible for ensuring that they maintain cleaning within their designated areas.
ENVIRONMENTAL CLEANING: VISTING LOBBY/FAMILY ACTIVITY CENTER
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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The following considerations are applicable for the duration of time that visits are still operational (social, professional, legal). When visits are discontinued in full, cleaning will continue with less frequency.
The Visiting lobby will continue to be cleaned by the assigned inmate work crew (i.e. Street Gang inmates) who have been trained in cleaning procedures. The following areas will receive additional attention:
The restrooms utilized by Visitors will be cleaned prior to visits being started, during count times, or other times as designated. The sinks will be wiped down with an authorized cleaning agent, all toilets will be flushed, all trash containers will be emptied, toilet paper will be re-supplied, and papertowels will be made available. Any soap dispensers will be filled.
The Family Activity Center area will be cleaned daily.
The door handles going to the elevators will be cleaned after all visits.
ENVIRONMENTAL CLEANING: VISITING/MEZZANINE/HOUSING LEVELS
Sanitization efforts will be routine and consistently occuring on each shift.
Hallway workers will wipe down the door handles of the various outside Pod access doors hourly or as directed by the assigned Correctional Officer using the provided cleaning agent.
Officer stations located on the Levels will have those items and equipment that is physically utilized by the assigned Officers wiped down as necessary using provided cleaning agent. The spray bottle containing the provided cleaning agent will be secured in the level supply closet when not in use.
Additional cleaning supplies will be provided to level 5 due to the operational tempo because of the use of the video conference center, and the increased level of anticipated use.
The daily routine of filling the hand cleansing dispensers will continue, with periodic follow up to ensure that the dispenser is filled for use by Visitors.
The visiting levels have had additional paper towel dispensers installed and will be outfitted with access to authorized cleaning agents. The Officer shall monitor the status of supplies and notify supervisory staff of any needs. Visitors shall be encouraged to utilize cleaning supplies for the visiting phones.
The M levels will be cleaned daily by sweeping and mopping by an assigned inmate cleaning detail supervised by assigned Correctional Officers. The door handles to the visiting booths will be cleaned as necessary.
ENVIRONMENTAL CLEANING: HOUSING UNITS
Cleaning supplies will be routinely deployed to the housing units for cleaning of all shared areas and cells. Regular environmental cleaning is encouraged to reduce the risk of respiratory illness transmission, as several
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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of these pathogens can live on surfaces for extended periods of time. EPA-approved disinfectants should kill enveloped viruses and have coverage for emerging viral pathogens.
The Correctional Officers assigned duties on the housing unit, or other designated areas, will ensure that inmates assigned cleaning duties will be responsible for the general housing areas, common areas, dayroom space, pod furniture, and other areas as designated. The inmates will be supervised while utilizing the authorized cleaning agents/chemicals. Sweeping, mopping, cleaning, wiping, and collection of trash/garbage shall be designated by the Correctional officer.
Sinks All sinks in the Housing Unit Pantry will be cleaned after every meal serving. Sinks will not contain standing water when not being used for cleaning items and sinks will not be left running. If necessary, a work order will be submitted to correct any plumbing issues. Particular attention shall be given to the faucet handles and other areas that are “high volume” in touch.
Showers All shower stalls will be cleaned utilizing all designated cleaning agents after every general use. The Shower cleaning detail will be used during all lock ins and count times (once the count is cleared) when the showers are not in general use.
Housing Unit Floors The pod floors will be swept and mopped after every meal and once the pod is locked in after recreation period. The pantry floor will be swept and mopped after every meal period. The sally port floor will also be swept and mopped routinely due to the nature of a high traffic area.
Housing Unit Furniture All pod furniture, to include tables and chairs, will be cleaned at a minimum of once a shift and after every meal period. All table tops will be cleaned using disinfectant after every meal period, and the pod chairs will be wiped down with disinfectant being utilized on the arm area of the chair, ensure that the surface areas of tables are dry before use.
Law Library/Commissary Kiosk(s) Kiosks, stools, and tables will be cleaned after every use with authorized cleaning supplies.
Inmate Phones Due to the proximity of phones to an inmate’s mouth and the higher risk of disease spread, additional attention shall be given to the inmate phones for calls and non-contact visits.
Trash Receptacles All trash receptacles will be emptied per policy or as necessary. For example, receptacles shall not be more than half full at all times. Trash receptacles will be covered, when applicable. Trash receptacles shall not include any biohazardous waste materials.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Biohazardous Waste Biohazardous waste will be collected in the appropriately indicated waste bags and bins. These areas will be monitored by healthcare staff and will be emptied routinely. When emptied, the bags will be appropriately secured in the Biohazard room. If needed, the contracted company will be contacted to schedule more frequent pick ups for removal of waste.
Stairs and Second Tiers The second level tiers will be swept and mopped every shift and the stairs will be cleaned by wiping giving special attention to the area immediately under the first 4 steps. The railings of the stairs and second level tiers will be disinfected during count times by the Pod workers.
Supply Closet The supply closet will be cleaned at least once per shift, with all cleaning equipment being returned to the closet for accountability purposes in accordance with current policy when equipment is not in use. All paper towels or other cleaning impliments will be stored and issued from the supply closet by the Pod Officer as needed for cleaning purposes. All cleaning chemicals/agents will be accounted for and stored in the closet per policy.
Inmate Cells All inmates will be held accountable for their assigned cell. Inmates will be required to conduct cell cleaning with special attention to the following areas:
Toilets All toilets will be clean and flushed, i.e. there should be no toilet paper, feces, or other items in the toilet bowl.
Cell Sinks Sinks will be clean and free of standing water. Pod Officers will submit a work order as soon as possible, after verifying, for sinks that are not operable.
Cell Floors Cell floors will be swept and mopped per institutional cell cleaning policy. There will be no blankets used as rugs (exception will be a prayer rug). All items will be neatly stored under the bunk in the inmate’s individual storage container (bin). Footwear will be placed neatly under the bunk. When the bed is not in use, the issued blankets will be folded and placed on the mattress.
Cell Walls Cell walls will be clean and free of pictures and clothes lines.
Cell Table/Stool Table surfaces will be clean and any items on the table will be placed in a neat and orderly fashion.
Trash Any trash in the cell will be located by the cell door and will be taken by the inmate to one of the trash receptacles on the pod when able.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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ENVIRONMENTAL CLEANING: GROUND LEVEL/INTAKE
Intake workers will be tasked with the continuous cleaning of all commonly touched areas in our Intake Department to include, but not limited to: phones, door handles, walls, and counter tops. When a cell is vacant, an inmate worker will clean the cell (wiping down walls, bunks, sinks, inside/outside of doors, and toilets). At not time should the same rag be utilized to clean all areas simultaneously. This work is also to include the continuous sweeping and mopping of floors. As an extra precaution, inmate workers will be provided with Kaivac machines on the weekends for thorough cleaning of cells when vacated.
In addition to the holding cells, Intake, Processing, Pre-Arraignment, Supply, Laundry, Tool Room, and Kitchen shall be frequently monitored and cleaned.
Supply Correctional Officers assigned to supply/tool room will be responsible for disinfecting all utilized tools and frequently touched surface areas with the approved cleaning agent. The Officer(s) assigned will be responsible for the direct supervision of inmates who will also be engaging in cleaning (sweeping, mopping, disinfecting).
Kitchen
The contracted dietary provider, inmate workers, and Correctional Officers will continue to follow all hygiene guidelines in accordance with policies and procedures as well as the Health Department for cleanliness and food preparation. All individuals who have contact with food will continue to wear the appropriate gloves/barriers/hairnets when handling food products and will frequently sanitize and clean their areas.
Inmate workers who are displaying symptoms of respiratory illness shall not be permitted to work and shall be evaluated by the healthcare department.
After 2000 hours, the final daily cleaning of the kitchen will be completed by remaining inmate kitchen workers. All surface areas will be cleaned with the authorized cleaning agent and all sinks/receptacles will be free of standing water.
Additional cleaning supplies will be deployed to accomplish these objectives and will be managed/controlled by the correctional officers and Intake supervisors.
ENVIRONMENTAL CLEANING: ELEVATORS
Every hour central control will direct the elevators to ground level for cleaning. Kitchen/Ground floor officers will utilize inmate workers to clean the elevators with the authorized cleaning agents to include the following considerations: ensuring all cars are free of debris, sanitizing hand rails, sanitizing the elevator control panel, and ensuring that the floor is sprayed with the cleaning agent.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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ENVIRONMENTAL CLEANING: EMPLOYEE ENTRANCE
Nightly, the 1M cleaning crew shall conduct a thorough cleaning of the employee entrance, to include the employee entrance elevator and stairwell. Due to this being a high volume/traffic area, the employee entrance Sergeant shall ensure thorough cleaning of this area to include the entrance desk, doors, railings, lockers, bins, and any other applicable surface area.
ENVIRONMENTAL CLEANING: RESTRAINTS
After the use of handcuffs, leg irons, waist chains, and/or restraint chairs, the tools will be thoroughly cleaned and sanitized with an authorized agent before they are utilized with another contact/inmate.
If therapeutic restraints are indicated, these must be sanitized before use with another contact/inmate.
Spit masks will be disposed after use.
INMATE PHONE CALLS
With support from Global Tel*Link (GTL), beginning Thursday, March 19 through April 14, 2020 every inmate who is eligible for phone calls (not currently on restrictions) will have access to 1 free minute phone call each day. No credit is given for unused phone calls. Each housing unit will have a sign posted to indicate the process for the phone calls
INMATE HYGIENE
All inmates will be required to meet personal hygiene needs daily. All inmates will be required to shower at a minimum of 3 times per week. Soap will be issued to all inmates by the assigned Correctional Officer for frequent hand washing in cells. Correctional Officers will notify their respective Unit Managers of any issues at is relates to potential hygiene issues with any inmates assigned to their housing unit.
INMATE RECREATION
To comply with recommendations to reduce groups larger than 10, considerations will be made for intake housing units to reduce the interaction between individuals who may require additional screening.
POPULATION MANAGEMENT
With a reduced population, considerations will be made for the most appropriate management of the population. If housing units are temporarily closed, these units may be designated as units to house “sick” individuals in the future to ensure mitigation of disease spread.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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SUPPLIES
Every housing unit shall be appropriately supplied with bars of soap to increase hand washing and hand hygiene. Every housing unit will be provided with access to the authorized cleaning agent for environmental cleaning on all shifts as detailed in previous sections of this plan.
Ongoing assessments will be made to ensure that there is available PPE.
Each housing unit should report if the hand sanitizer station is emptied. High volume areas (i.e. outside of elevators, entrances) shall be routinely assessed to determine if hand sanitizer stations need refilled.
Rationing of necessary supplies will be evaluated on an ongoing basis to ensure that all inmates are provided with supplies related to basic hygiene needs.
NOTIFICATION TO HEALTH DEPARTMENT
If the Allegheny County Jail has a suspected case, the healthcare manager on duty will notify the Medical Director. The Medical Director will make notification to the Chief Deputy Warden of Healthcare Services. The PA Department of Health will be contacted (1-877-PA-HEALTH) and local contacts will be made for Department of Health employees via their notification protocols and procedures.
Additional notifications will be made through appropriate utilization of the chain of command.
SPECIMEN TESTING
The established COVID-19 Testing Work Flow shall be utilized. All recommendations for specimen testing, via the PA Department of Health (DOH) and Bureau of Laboratories (BOL) shall be followed for collection and shipping guidelines. Testing will only be conducted with the explicit permission and coordination with the Allegheny County Health Department.
Healthcare personnel collecting samples from potentially infectious patients should follow standard precautions and all pertinent biosafety guidelines.
When positive screens are received for patients, recommended contact studies will be completed to determine if there are any other individuals who should have precautionary and isolation measures completed to mitigate further disease spread.
Positive inmate screens will be reported to Tom Greishaw with the PA Department of Corrections, excluding any identifiers, to provide incidence rates for each County Correctional Institution.
EMPLOYEE ILLNESS/STAFFING LEVELS
Employees who are ill should seek treatment and follow the recommendations of their healthcare provider.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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As a correctional agency, safe and secure operations will remain the primary focus. Because compromised staffing could be a threat to secure operations, staffing levels will be monitored continuously.
Staffing levels and assignments of staff will be assessed, each shift, daily. Staffing levels will determine operational tempo.
Administrative staff will brief all necessary individuals daily to include the status of operations. Shift Commanders and Healthcare Managers (Assistant Director’s of Nursing) will review the following shifts schedules and prepare for any necessary changes.
Non-Essential Employees The following departments will be evaluated to determine if there is an opportunity for fewer employees to report to the facility and conduct their work from home via remote access:
Casework Alternative Housing Reentry Services HOPE/Chaplaincy Diversion Administrative Services Education/Inmate Programs
Employee Quarantine If, at the explicit direction of a qualified healthcare provider, an employee is under isolation or quarantine procedures because of potential exposure to COVID-19, the employee will send notification to Jail Administration. They will provide any relevant information necessary for follow up. The Allegheny County Health Department will be contacted by Jail Administrative staff to confirm and identify any additional steps (to include a possible review of recent work assignment and contact).
To support employees during this pandemic period, Allegheny County is encouraging employees who are sick to stay home instead of reporting to work. The county has issued a temporary 14-day quarantine/incubation paid leave policy and requires the following actions to be taken to ensure the employee is eligible without utilization of their earned benefit time.
Employees eligible for this leave of absence must qualify with one of the following criteria: 1. The employee has tested positive for COVID-19; 2. The employee has been directed by a health care provider to self-quarantine because s/he is awaiting test results; or
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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3. The employee has underlying health concerns that may be impacted by the virus, and is being advised by his/her health care provider to self-quarantine
Employees must follow their call off procedures and also contact UPMC WorkPartners to open a leave of absence under the county’s temporary 14-day policy. Employees will be required to provide documentation to UPMC WorkPartners to certify their leave.
The temporary 14-day policy does not cover situations in which employees need to stay home to care for family members who are “at risk,” have chosen to self- quarantine and were not directed by a medical provider, or for any other reason other than those listed above.
The supervisor that is receiving the call off notification will gather the following information: 1. Are you electing to quarantine because you… a. Tested positive for COVID-19 b. Were medically directed to c. Have a pre-existing condition and were medically directed to 2. What is the first date of your quarantine? 3. Can you provide a telephone number for an administrative staff person can contact you for follow up?
If the employee is quarantined for testing positive or awaiting test results, supervisory staff will need to confirm all work assignments for the previous 6 shifts. Priority screening will happen with all individuals who may have been in contact with the employee during their work assignments.
Employees: Positive COVID-19 testing
Reporting Pennsylvania Emergency Management Agency (PEMA) is requesting that all First-Responder Agencies make notification regarding any employees that test positive for COVID-19. Names, specific medical information, and details should not be included. All reports shall be sent to Michael Spurr, Homeland Security/Law Enforcement Coordinator, via email Michael.Spurr@AlleghenyCounty.US with Allegheny County Emergency Services.
Contact Studies When an employee has been confirmed, the Allegheny County Health Department will assist in providing direction based on the date of symptom presentation, the date the employee last worked, the capacity in which the employee worked, and the date that the employee was screened/tested positive. When the objective data has been gathered, the Allegheny County Health Department will provide direction for the designated dates that should be reviewed, utilizing CCTV footage, to establish employees that should be placed under isolation or quarantine procedures from these contact study reviews.
Healthcare Staffing It is imperative that healthcare operations continue to ensure the safe maintenance of the inmate population. In the event that staffing levels no longer permit for the continued operations of healthcare staff, the following plan of action will be implemented.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

CasCea2s:e202-:c1v7--0c0r-409061-8C3B--CCBREDoDcoucmuemnet n8t81-18-1F1ileFdil0e4d/0064//2009/2P0agPea2g0eo2f12o1f 36 Reduction of Services Substance Use Counselors will discontinue group services on Level 4 and 5E. Staff will be redeployed to areas such as: non-emergency healthcare requests, mental health screening in intake, mental health units, case coordination/collaboration with community service providers such as JRS or CTT for discharge planning into the community. Clinic staff will be redeployed to other areas of need (such as intake, 5B, or float positions). Mental Health Specialists will provide support on segregated housing units, mental health units, intake, and non-emergency healthcare requests. Nurses will ensure that medication passes are completed. Specialized nurses (i.e. detoxification nurse coordinator and staffing educator) will be tasked to fulfill other nursing functions to support the ongoing operations of necessary functions within the facility. Healthcare managers, when applicable, will fulfill any necessary line staff roles to redeploy nurses to areas within the facility that indicate the highest need.
*Further pandemic staffing plans will be explicitly developed for each shift. Until further notice, staffing complications shall be immediately reported to the Duty Officer and Healthcare Duty Officer respectively.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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COMMAND

Allegheny County Jail Command Center – Warden’s Conference Room

Facility Commander – Warden Orlando Harper

Operation managers – Chief Deputy Warden David Zetwo Williams

and Chief Deputy Warden Laura

Prison Managers: - Deputy Warden Jason Beasom

Matthew Kohler

and Major Jack Vanchieri

Major Adam Smith

Major

Medical Director – Dr. Donald Stechschulte, Jr.

Shift Commander -as determined by shift assignment,

Allegheny County Health Department

Jennifer Fiddner

, Dr. Kristen Mertz

, Ronald Sugar

Tom

Mangan

Allegheny County Sheriff’s Department (ACSD)

Sheriff Liaisons – Lt. Tom Carter, (MCB – Jail Liaison)

(Allegheny County Command Post) and Sgt. Tom Ninehouser,

Allegheny County Emergency Medical Services

Chief Matthew Brown Morse

, Assistant Chief Mark Pinchalk

, EMS Coordinator Keith

Poison Control Center

Director, Amanda Korenoski

cc: County Manager William McKain Deputy County Managers Stephen Pilarski and Barbara Parees
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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ALLEGHENY COUNTY BUREAU OF CORRECTIONS

APPLICABILITY: All Authorized Personnel

POLICY NUMBER: #317

DATE: 10/22/15 REVIEWED: 9/20/18

TITLE: HOUSEKEEPING AND HYGIENE

ACA Standards- 1A-04

TITLE 37-95.226(5), 95.231(1,2,5), 94.248(2)

AUTHORIZED BY: ORLANDO L. HARPER

SIGNATURE:

POLICY
It is the policy of the Allegheny County Jail to establish a sanitation and housekeeping plan. All inmates are required to maintain proper hygiene standards set forth in this policy.
PURPOSE
To provide a daily housekeeping plan by assigning responsibilities to inmates to maintain the prison living areas and general spaces in a sanitary condition.

PREFACE
It must be emphasized that HAND WASHING is the single most important method of preventing the spread of infections. It is imperative that all personnel wash their hands as often as possible, employing friction to all surfaces for not less than fifteen seconds each time.

SECTIONS
This policy will be segregated into two sections. Section one will outline general jail measures and section two will delineate cleaning for medical and special areas.

PROCEDURES
SECTION 1: GENERAL GUIDELINES By order of the Warden; Shift Commanders, Unit Managers and Pod Officers are entrusted to implement the following:
1. All parts of the jail used by prisoners shall be properly maintained and kept clean at all times. Jail personnel are to be continually vigilant for identifying

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Exhibit B

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maintenance issues and unsanitary conditions and ensuring these conditions are promptly addressed for the health and safety of all concerned.
2. Upon admission to the institution, inmates will be provided with two (2) sets of uniforms and clean underwear.
3. Regular laundering of uniforms, underwear, and bed linens shall be done according posted laundry schedules. (See Policy #85 Laundry Procedures)
4. Inmates are expected to keep their cells clean and orderly. Cleaning supplies will be made available during mandatory shower and cell cleaning days.
5. Showers are available seven (7) days a week. Inmates are encouraged to use them on a daily basis. At a minimum, inmates in general population will bathe three (3) times a week Monday, Wednesday and Friday during mandatory shower and cleaning time. Disciplinary Custody inmates shall shower at least three (3) times a week based on the posted shower schedule.
6. Inmates may purchase basic hygiene supplies such as soap, shampoo, toothbrush, toothpaste and deodorant from commissary. Pod officers will maintain a supply of soap for inmates considered indigent. Indigent inmates are eligible for monthly hygiene kits that will include soap, deodorant, toothpaste and toothbrush by writing the supply sergeant. (See Policy #310)
7. Female inmates will be provided articles for feminine hygiene products when needed.
8. All exposed flooring is to be stripped and fully cleaned and waxed once per month. This includes jail physical plant, inmate pods and the jail infirmary.
9. Carpeted areas are to be vacuumed once and shampooed as needed. This includes jail physical plant, inmate pods and the jail infirmary.
10. Inmate living areas (cells) are to have all surfaces cleaned (wiped or mopped) with an infection control, approved hospital grade disinfectant between each occupation. Visible soil must be removed during the disinfection process.
11. All waste shall be disposed of in proper containers. All garbage containers must be cleaned and disinfected at least once a week.
12. Toilet areas are to be flushed clean. Commodes shall be cleaned using a suitable disinfectant/cleansing agent with cleaning equipment used for no other areas. (Toilet cleaning brushes are to be used on toilets only).
13. Toilet talking between inmates is forbidden and must be enforced.
14. Sink and drinking fountain areas are to be cleaned with an appropriate disinfectant, removing all visible residues and using cleaning equipment used for no other purpose.
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15. Areas where food is stored and consumed must be sanitized on a continuous basis.
16. All balls and recreation equipment should be cleaned with appropriate germicidal solution on a regular basis but no less than daily.
17. All cleaning equipment, mops, sponges, brushes and any items used shall be maintained and stored in a manner that will not support growth and spread of pathogenic organisms. All equipment shall be clean and dry between uses and discarded as appropriate.
18. Environmental rounds to assess compliance with policies and standards shall be conducted on a routine basis.
19. Inmate workers and inmates themselves have a responsibility to keep living areas clean. Jail personnel are to see that they do.
SANITATION AND HOUSEKEEPING PLAN Inmates are required to maintain their immediate living area and adjacent general space in a sanitary condition. Correctional Officers are authorized to assign up to six (6) inmate workers on his/her pod. The Correctional Officer has the discretion to hire an inmate as a worker. All workers are expected to maintain good habits of grooming. Workers assigned to Medical, Mental Health, Classification and Disciplinary Housing Units will be hired through Classification. It is the duty of the Pod Officer to ensure inmate workers complete their assigned duties. The following is a list of duties for all Pod Workers to be completed daily:
1. Pantry Worker 1. Serve All Meals 2. Clean and Sanitize Pantry Counter after Meals 3. Sweep and Mop Pantry Floor 4. Empty Pantry Garbage 5. Distribute Diabetic Bags 6. Sweep and Mop Sally Port
2. C/O Area Worker 1. Sweep and Mop Gym 2. Sweep and Mop C/O Area 3. Empty C/O Trash 4. Sweep and Mop C/O Bathroom 5. Clean and Disinfect Sink and Toilet 6. Clean Mirror and Stainless Steel 7. Sweep and Mop Interview Room
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3. Dayroom Worker 1. Wipe Tables After Meals 2. Sweep and Mop Dining Area (Vacuum if Applicable) 3. Clean all Pod Windows 4. Clean Dayroom Chairs 5. Clean and Sanitize Pod Phones 6. Sweep the Stairs
4. Counter Worker 1. Work Outside Pantry Area 2. Serve all Drinks 3. Empty all Garbage Cans 4. Sweep and Mop Counter Area 5. Sweep and Mop Gym
5. Lower Level Worker 1. Clean and Sanitize Lower Level Showers 2. Sweep and Mop Lower Level 3. Set-Out Cleaning Supplies 4. Clean and Organize Janitor Closet 5. Stack Chairs after All Meals 6. Clean All Vents on the Lower Level
6. Upper Level Worker 1. Clean Empty Cells as Needed 2. Sweep and Mop Upper Level 3. Clean and Maintain Visiting Areas 4. Clean Upper Level Showers 5. Stack Chairs After All Meals 6. Clean All Vents on the Upper Level
SECTION 2: MEDICAL AREAS
Medical areas shall include, but are not limited to, any area staffed by medical persons, clinic areas, inmate holding cells, nursing staff areas, and hallways in the general medical area.
The following cleaning tasks are to take place in the medical areas:
1. All linoleum floors need to be stripped, fully cleaned and waxed. Particular attention needs to be paid to corners and edges. The floor in storage room in the small hallway off the main clinic hall also needs particular attention.
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2. All windows and sills need to be cleaned. All trim around doors, door surfaces and knobs need to be cleaned.
3. Tile floors in the bathrooms and other areas need to be scrubbed with a brush. 4. All toilets, sinks, etc. need to be thoroughly scrubbed.
Guidelines for Routine/Ongoing Cleaning of Medical Areas
1. General instruction: A germicidal detergent solution shall be used to clean surfaces following product label for use and dilution.
2. Wet mopping: All medical areas shall be wet mopped at least two times per 24hour day. This shall occur on the following schedule, not to interfere with scheduled medical clinics: a) Before 0800 hour each morning. b) Between 1700 and 1900 hours each afternoon. c) Additional wet mop cleaning shall be done as indicated by special circumstances requiring clean up. d) Mops and mop heads should be laundered in hot water and dried with high heat no less than weekly.
3. Strip/wax: All medical area floors shall be stripped and re-waxed at least one time each month, during non-clinic hours.
4. Trash: Cleaning of areas shall include removal of trash. Biohazard trash shall be appropriately disposed of in biohazard boxes.
5. Carpets: Carpeted areas shall be vacuumed as needed, at a minimum of once a week. All carpets shall be periodically steam cleaned.
6. Medical Clinics: Medical staff shall be responsible for cleaning of medical clinic counters and countertops.
7. General cleaning: Cleaning shall include, but is not limited to: a) Scrubbing of sinks, b) Scrubbing of toilets, c) Filling toilet tissue holders, d) Filling paper towel receptacles, e) Filling of soap dispensers, f) Restroom counter tops,
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g) Wet wiping windowsills (and any other dust prone surface) h) Clean mirrors, i) Medical clinic examination tables shall be cleaned with disinfectant at least
every twenty-four (24) hours and more often if visible soil is present.
Equipment Maintenance Cleaning equipment, mops sponges, brushes and any item used shall be maintained and stored in a manner that will not support growth and spread of pathogenic organisms. This means that equipment shall be clean and dry between uses and discarded as appropriate. Any equipment giving off a foul odor shall be discarded or sent to the laundry if appropriate. Equipment used for sink cleaning shall NOT be used for any other purpose. Equipment used for drinking fountain cleaning shall not be used for any other purpose.
Cleaning directions for specialized areas/situations
Holding Cells/Close Observation Cells x All surfaces shall be cleaned (wiped or mopped) with an infection control approved hospital grade disinfectant (1) between each occupation. Visible soil must be removed during this process. x All waste shall be disposed of in proper containers. x Toilet/elimination areas are to be flushed clean. Commodes shall be cleaned using a suitable disinfectant/cleaning agent and cleaning equipment will be used for no other areas. (Toilet cleaning brushes to be used on toilets only). x Sink and drinking fountain areas are to be cleaned with an appropriate disinfectant, removing all visible residues, and using cleaning equipment used for no other purpose. x In the event that any of the above areas are occupied on a continuous basis for a period of 24 hours or more, the area shall be observed for unsanitary conditions and cleaned as appropriate to maintain the health and safety of inmates occupying the room. x All cleaning equipment shall be maintained and stored in a manner that will not support growth and spread of pathogenic organisms. Equipment shall be replaced as appropriate. Mop heads should be discarded and replaced on a monthly basis, as needed. x Environmental rounds to assess compliance with policies and standards shall be conducted on a routine basis.
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Infirmary Housing Area
x Inmate/patients who are physically able shall maintain a clean and safe environment in their cell/room area.
x There shall be no uneaten foods (saved food items from meal trays) kept in any Infirmary cells.
x Trash should be removed from the room at the conclusion of each shift. Inmate/patient shall collect trash and have ready for removal.
x Inmate/patient who are too ill or physically unable to manage their cell/room environment shall be assisted in the above by officers or inmate workers as needed. Inmate/patients will cooperate in this measure.
x Medical cell/rooms shall be wet mopped twice daily. No accumulation of soil shall be permitted. Mops and mop heads should be laundered in hot water and dried with high heat no less than weekly.
x Environmental surfaces shall be wet wiped as needed to prevent any accumulation of dust and debris.
x Sinks and commodes shall be scrubbed daily. x Showers shall be sprayed with a disinfectant after each use and thoroughly
scrubbed/cleaned daily. x The Level 5 Unit Manager shall be responsible for compliance.
Guidelines for Cleaning an Area after an Inmate is Released Infirmary and Mental Health Units
1. All infirmary bedrooms and Mental Health Unit (MHU) bed areas shall be thoroughly cleaned as soon as possible following release of the inmate/patient from the room.
2. No room shall be placed back into service until the cleaning is completed.
3. All trash shall be removed from the room and disposed of in the appropriate container based on type of trash.
4. All environmental surfaces shall be cleaned with a bactericidal disinfectant (1).
a) Commodes shall be flushed clear and scrubbed with equipment that shall be used for no other areas than commode cleaning.
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b) Sinks shall be cleaned of all visible soil, and then scrubbed and wiped with a bactericidal disinfectant agent. The cleaning equipment used for this purpose shall not be used for any other purpose.
c) Furnishings such as bed frames, mattresses, bed side tables, stands and any other items in the room shall be scrubbed clean of any soil and then the entire surface shall be wiped with a bactericidal agent.
d) Walls shall be inspected for visible soil and cleaned of such using an approved disinfecting solution.
e) Floors shall be first cleaned of any debris followed by wet mopping with a clean mop using a bactericidal disinfectant.
f) No room shall be placed into service until the above cleaning is competed. g) All cleaning equipment shall be maintained and stored in a manner that will
not support growth and spread of pathogenic organisms. Mops should be dried between uses. Mops and mop heads should be laundered in hot water and dried with high heat no less than weekly. 5. Equipment shall be replaced as appropriate. 6. The pod offer is to ensure workers clean cells incompliance with this policy. 7. The Unit Manger will make routine inspections to ensure compliance with this policy.
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ALLEGHENY COUNTY BUREAU OF CORRECTIONS

APPLICABILITY: All Authorized Personnel

POLICY NUMBER: #429

EFFECTIVE: 3/1/15 REVISED: 7/25/17

TITLE: Inmate Worker Guidelines

ACA 4-ALDF-5C-06, 5C-07, 5C-08, 5C-10, 5C-11, 5C-12,

7F-03

Title 37: 95.235(1),95.235 (2), 95.235 (3), 95.235(4),

95.235(5)

AUTHORIZED BY: ORLANDO L. HARPER

SIGNATURE:

POLICY
It is the policy of the Allegheny County Bureau of Corrections to permit deserving, eligible inmates the ability to perform work related activities within the institution when available. Inmate working conditions will comply with all applicable federal, state, and local work safety laws and regulations. The work day will be in approximate to a work day in the community. Inmate performance will be regularly evaluated and recorded and inmates will receive written recognition of competencies they acquire. In addition, there will be no discrimination of an inmate based on his or her race, religion, national origin, gender or disability in regards to their access to being assigned a work detail.
It is against ACBOC policy for any correctional personnel to use their official position to secure privileges for themselves or others in association with the Bureau’s inmate worker details.
APPLICABLE POPULATIONS
This policy applies to all inmates seeking a work assignment and to correctional personnel responsible for determining an inmate’s eligibility to work.
x Prisoners awaiting trial and not sentenced to the jail shall not be required to work, except to keep their immediate areas in their assigned living quarters clean. However, a volunteer work program for non-sentenced inmates should be developed. Non-sentenced and pre-trial prisoners can voluntarily request consideration for an inmate work assignment by following the normal channels for such a request.

Exhibit C

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x Prisoners sentenced to the jail shall be assigned work when it is available.
PROCEDURAL GUIDELINES
The Classification Supervisor oversees the components for this policy. Any deviations from this policy must be authorized by the Warden or his/her designee.
1. Classification will maintain a continuous roster of prospective inmate workers. 2. Classification will acknowledge only those prospective inmates that utilize the
Work Request Application submitted to the Classification Supervisor. Inmates are able to volunteer for work assignments. 3. Classification is responsible for maintaining worker levels on pods 1-A and 4-C. Maximum capacity of 110 inmates should be maintained on 1-A and 4-C at all times, to the extent possible. 4. Both sentenced and, with some exceptions, non-sentenced inmates are eligible for work assignments and can express their interest by submitting an application to the Classification Supervisor. Sentenced inmates are not required to work. The criterion for each work detail is described in the “Work Assignment Details and Qualifications” section of the policy. 5. The Classification Supervisor is responsible for the hiring and replacement of Warden’s Level Workers for the administrative area. 6. The Classification Supervisor is the final authority in determining an inmate’s work eligibility. 7. Inmates assigned a work detail shall be supervised by a person designated by the Warden or his/her designee. All workers are subject to searches as prescribed by procedure. 8. Inmates will be provided with appropriate clothing, supplies and tools for any work detail to which they are assigned. Inmates will receive supervision and direction on the proper use of any equipment or tools to be used by the inmate during any work assignment. 9. The following are the workers housing locations:
i. Kitchen workers must be housed on 1A ii. Laundry workers and Street Gang must be housed on 4C All other workers may remain on their assigned housing pod and are not required to be housed on housing units 1A or 4C.
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WORK ASSIGNMENT DETAILS AND QUALIFICATIONS
The following are the available work details and criteria/qualifications for inmate work assignments. Please note that inmate workers are approved by the Classification Supervisor:
A. Kitchen and Lounge Workers (applies to males and females)
x Must be a County inmate with a classification level of minimum or medium security (no State, Federal, or maximum security level inmates)
x If formerly on DHU status, must be off of that status for thirty (30) days x Must be misconduct-free for at least thirty (30) days before being eligible
for work x Escape charges/convictions will be reviewed on a case-by-case basis x Medical clearance is required x Hiring Process:
i. The vendor is responsible for monitoring inmate worker levels utilizing the following scale: x 7 X 3 SHIFT: Kitchen Workers – 40 / Employee Lounge – 8 x 3 x 11 SHIFT: Kitchen Workers – 40 / Employee Lounge – 6
ii. In the event inmate worker levels are deficient, the vendor is to contact the Shift Commander to rectify the deficiency.
iii. The vendor may relieve any inmate worker from their assigned job and direct the inmate to return to his/her housing unit. The vendor must notify correctional personnel and send an incident report to the classification supervisor (either by placing in his or her mailbox or emailing the report). Inmate workers may only be terminated by correctional personnel.
iv. The vendor must ensure all inmate workers for the designated areas defined in this directive are medically cleared for duty.
B. Warden Worker (females only)
x Must be housed on 4E x Must be a County inmate with a classification level of minimum or
medium security (no State, Federal, or maximum security level inmates) x If formerly on DHU status, must be off of that status for thirty (30) days x Must be sentenced with no open bonds
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x Must be misconduct-free for at least thirty (30) days before being eligible for work
x Escape charges/convictions will be reviewed on a case-by-case basis x Medical clearance is required
C. Street Gang
x Must be hired from pod 4C x Must be a County inmate with a classification level of minimum or
medium security. x No current open charges x Family division bonds must be $2,000.00 or less x No founded misconducts on current jail commitment x No escape charges or convictions; includes alternative housing “walk-
aways” x Medical clearance is required x In addition to normal work duties, inmates assigned to the Street Gang
may participate in community service work when available.
D. Laundry
x Must be hired from pod 4C x Must be a County inmate with a classification level of minimum or
medium security (no State, Federal, or maximum security level inmates) x If formerly on DHU status, must be off of that status for thirty (30) days x Must be misconduct-free for at least thirty (30) days before being eligible
for work x Medical clearance is required
E. Intake Workers
x Must be a County inmate with a classification level of minimum or medium security (no State, Federal, or maximum security level inmates)
x If formerly on DHU status, must be off of that status for thirty (30) days x Must be misconduct-free for at least thirty (30) days before being eligible
for work x Medical clearance is required
F. DHU, Classroom, IM, 5B and Clinic
x Must be a County inmate with a classification level of minimum or medium security (no State, Federal, or maximum security level inmates)
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x No criminal bonds, family division bonds of $1,000.00 or less x Escape charges/convictions will be reviewed on a case-by-case basis x Must be misconduct-free for at least thirty (30) days before being eligible
for work
G. Hallway Workers
x Selected by Unit Managers and it is the responsibility of each Unit Manager to notify Classification as to the Names and DOC numbers of hallway workers on their respective unit. Likewise, Unit Managers must notify Classification when an inmate worker is fired, quits, transfers to another unit or becomes hospitalized.
H. Pod Workers
x Selected by Correctional Officers assigned to the Pod x Must be a County inmate
Work Eligibility for Newly State Sentenced Inmates
Inmates that have been working three (3) months or more and receive a state sentence of 3 years or less may remain on their work assignment, except Street Gang, until they are released to a state facility.
Disciplinary Sanctions for Inmate Workers
Inmate workers that receive a total of three (3) informal sanctions or one (1) misconduct during their work assignment or while on their assigned pod will be suspended from work until the outcome of their misconduct hearing. At that time, the Classification Supervisor and or Segregation Supervisor will review the validity of the infraction to determine eligibility to resume work assignment and/or whether their behavior warrants transfer to another housing unit.
COMPENSATION
Inmates participating in work programs (other than personal housekeeping and housing are a cleaning) will be compensated in the following manner:
x Meals: Inmate workers will be compensated for their work by receiving a second
meal tray at meal times. x Visits: Eligible workers, inmates who have worked in the above named jobs for at
least thirty days and have been proficient in their job duties, and inmates who
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INMATE WORKER STAFFING LEVELS
Jail Administration is the final authority in determining the level of inmate labor within the institution.
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Case 2:20-cv-00496-CB-CRE Document 18-12 Filed 04/09/20 Page 1 of 16
Exhibit K

Case 5C:2a0s-ecv2-:02006-c1v7--0T0J4H9-6K-SCBD-CoRcuEmeDnotc1u7meFnilte1d80-142/01F/2il0ed P04a/g0e9/120of 1P5agPea2goefI1D6#:1408

Case 5C:2a0s-ecv2-:02006-c1v7--0T0J4H9-6K-SCBD-CoRcuEmeDnotc1u7meFnilte1d80-142/01F/2il0ed P04a/g0e9/220of 1P5agPea3goefI1D6#:1409

1 [“BICE”] on May 23, 2019, and, then placed into removal proceedings, with the

2 service of a Notice to Appear at the time of his arrest. Hernandez’s removal

3 proceedings are pursuant to the Immigration and Nationality Act [“INA”] §

4 212(a)(6)(A)(i)(I), for being an alien present in the United States without being admitted

5 or paroled.

6

Adelanto is a private, for-profit immigration detention facility operated by Geo

7 Group, Inc. Adelanto has the capacity to hold, under normal situations, well over

8 1,000 detainees through a contract with BICE. Over the years, and as recently as 2018,

9 DHS’s Office of the Inspector General had, repeatedly, found that significant and

10 various health and safety risks existed at Adelanto.

11

Hernandez, a citizen of Mexico, has, apparently, resided in the United States for

12 almost thirty years. His life partner is

a lawful permanent

13 resident of the United States who resides in Altadena, California. Together, they have

14 a 12-year-old daughter, who is a United States citizen.

15

Hernandez has a history of various criminal charges and convictions. Of

16 significant note is that all of Hernandez’s convictions were for infractions or

17 misdemeanors. He has never been convicted of a felony. Hernandez has been

18 convicted of the following:

19

20

Date

Offense

Sentence

21

1997 Hit and Run with Property Damage, Cal. 40 days in jail and 36

22

Veh. Code § 20002(a)

23

2014 Theft, Cal. Penal Code § 484(a)

months probation 1 day in jail and 36

24

months probation

25

2016 Driving Without a Valid License, Cal. Fine

26

Veh. Code § 12500(a)

27

2017 Possession of a Controlled Substance, Probation extension

28

Cal. Health and Safety Code § 11377

Order – Page 2 of 15

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1

2017 Petty Theft, Cal. Penal Code § 490.2 60 days in jail and 36

2

months probation

3

2017 Trespassing, Cal. Penal Code § 602(m) 4 days in jail and 36

4

months probation

5

2018 Possession of a Controlled Substance, 30 days in jail and 36

6

Cal. Health and Safety Code § 11377 months probation

7

2019 Possession of Burglary Tools, Cal. Penal 36 months probation

8

Code § 466; Shoplifting, Cal. Penal Code

9

§ 602(m)459.5; and Driving Without a

10

License, Cal. Veh. Code § 12500(a)

11

In response to Hernandez’s May 15, 2019, convictions in Glendale, California,

12 BICE officers arrested him on May 23, 2019. Around June 12, 2019, Hernandez had

13 his first bond hearing, where bond was denied after an immigration judge found that he

14 was a flight risk due to his “multiple failures to appear in the Superior Court of

15 California and his lack of ties to the community. The immigration judge, also, found

16 that Hernandez was a mandatory detainee under INA § 236(c), which is codified as 8

17 U.S.C. § 1226(c).

18

In reviewing Hernandez’s rap sheet, provided by the Government, this Court

19 noted that Hernandez was, indeed, charged on four separate occasions – in 1997, 2003,

20 2006 and 2017 – with failing to appear in violation of Cal. Veh. Code § 40508(A).

21 But, the Court, also, noted that each of those four charges were, indeed, dismissed,

22 with one dismissed, specifically, in the furtherance of justice. So, it is noteworthy that

23 immigration judges considered dismissed charges as a basis for the conclusion that

24 Hernandez was a flight risk. It is, also, noteworthy that an immigration judge

25 concluded that Hernandez had a lack of ties to the community even though his life

26 partner and daughter reside in Altadena, California. But, those issues are not directly

27 before this Court.

28

Regardless, on November 27, 2019, an immigration judge denied Hernandez’s

Order – Page 3 of 15

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1 applications for asylum, withholding of removal and protection under the Convention

2 against Torture. On December 2, 2019, Hernandez had a Rodriguez bond hearing, at

3 which bond was denied because the immigration judge lacked jurisdiction. On

4 December 20, 2019, Hernandez filed an appeal with the Board of Immigration Appeals

5 [“BIA”]. On January 14, 2020, an immigration judge denied Hernandez’s request for

6 a change in custody, finding that he was a flight risk who had a removal order, and,

7 also, finding that Hernandez had multiple failures to appear. Hernandez’s appeal with

8 the BIA remains pending.

9

On March 4, 2020, the State of California declared a state of emergency in

10 response to the coronavirus and the resulting COVID-19 disease, which attacks the

11 respiratory system, thereby making Hernandez particularly vulnerable given his history

12 of asthma. On March 10, 2020, San Bernardino County followed suit and declared a

13 state of emergency. On March 11, 2020, the World Health Organization [“WHO”]

14 declared COVID-19 to be a global pandemic. On March 13, 2020, President Donald

15 J. Trump formally acknowledged and declared a national emergency in response to

16 WHO’s pandemic declaration.

17

On March 18, 2020, BICE announced that "[t]o ensure the welfare and safety of

18 the general public as well as officers and agents in light of the ongoing COVID-19

19 pandemic response, [it] will temporarily adjust its enforcement posture beginning today

20 ... [and that its] highest priorities are to promote life-saving and public safety

21 activities." Further, BICE stated that it would focus enforcement "on public safety risks

22 and individuals subject to mandatory detention based on criminal grounds [, and for

23 those people who do not fall into those categories, agents] will exercise discretion to

24 delay enforcement actions until after the crisis or utilize alternatives to detention, as

25 appropriate."

26

According to the United States Centers for Disease Control and Prevention, the

27 coronavirus is spread mainly through person-to-person contact. More specifically, the

28 coronavirus is spread between people who are in close contact – within about 6 feet –

Order – Page 4 of 15

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1 with one another through respiratory droplets produced when an infected person coughs

2 or sneezes. The droplets can land in the mouths or noses, or can be inhaled into the

3 lungs, of people who are within about 6 feet of the infected person. Moreover, studies

4 have established that the coronavirus can survive up to three days on various surfaces.

5

COVID-19 is highly contagious and has a mortality rate ten times greater than

6 influenza. Most troublesome is the fact that people infected with the coronavirus can

7 be asymptomatic during the two to fourteen day COVID-19 incubation period. During

8 that asymptomatic incubation period, infected people are, unknowingly, capable of

9 spreading the coronavirus. Despite early reports, no age group is safe from COVID-

10 19. While older people with pre-existing conditions are the most vulnerable to COVID-

11 19-related mortality, young people without preexisting conditions have, also,

12 succumbed to COVID-19. There is no specific treatment, vaccine or cure for COVID-

13 19.

14

Because of the highly contagious nature of the coronavirus and the, relatively

15 high, mortality rate of COVID-19, the disease can spread uncontrollably with

16 devastating results in a crowded, closed facility, such as an immigration detention

17 center.

18

The Court will take judicial notice of the following facts, as set forth in the

19 temporary retraining order issued by this Court on March 27, 2020, in Castillo v. Barr,

20 CV 20-00605 TJH. At Adelanto, a holding area can contain 60 to 70 detainees, with

21 a large common area and dormitory-type sleeping rooms housing four or six detainees

22 with shared sinks, toilets and showers. Guards regularly rotate through the various

23 holding areas several times a day. At meal times – three times a day – the 60 to 70

24 detainees in each holding area line up together, sometimes only inches apart, in the

25 cafeteria. The guards, detainees and cafeteria workers do not regularly wear gloves or

26 masks to prevent the spread of the coronavirus. While detainees have access to gloves,

27 there is no requirement that they wear them. Detainees do not have access to masks

28 or hand sanitizer – though thorough hand washing could be more effective than hand

Order – Page 5 of 15

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1 sanitizers at preventing the spread of the coronavirus.

2

Last week, the first BICE detainee was confirmed to have been infected with

3 COVID-19 in New Jersey at the Bergin County Jail, a BICE detention facility. The

4 week before last, a correctional officer at the Bergin County Jail was, also, confirmed

5 to have been infected. As of the date of this order, two additional ICE detainees at the

6 Bergin County Jail were confirmed to have been infected.

7

On March 26, 2020, Judge Analisa Torres of the United States District Court for

8 the Southern District of New York issued an order releasing certain immigration

9 detainees, stating the following:

10

The nature of detention facilities makes exposure and spread of the

11

virus particularly harmful. Jaimie Meyer M.D., M.S., who has worked

12

extensively on infectious diseases treatment and prevention in the context

13

of jails and prisons, recently submitted a declaration in this district noting

14

that the risk of COVID-19 to people held in New York-area detention

15

centers, including the Hudson, Bergen County, and Essex County jails, “is

16

significantly higher than in the community, both in terms of risk of

17

transmission, exposure, and harm to individuals who become infected.”

18

Meyer Decl. ¶ 7, Velesaca v. Wolf, 20 Civ. 1803 (S.D.N.Y. Feb. 28,

19

2020), ECF No. 42.

20

Moreover, medical doctors, including two medical experts for the

21

Department of Homeland Security, have warned of a “tinderbox scenario”

22

as COVID-19 spreads to immigration detention centers and the resulting

23

“imminent risk to the health and safety of immigrant detainees” and the

24

public. Catherine E. Shoichet, Doctors Warn of “Tinderbox scenario” if

25

Coronavirus Spreads in ICE Detention, CNN (Mar. 20, 2020),

26

https://www.cnn.com/2020/03/20/health/doctors-ice-detention-

27

coronavirus/index.html. “It will be nearly impossible to prevent

28

widespread infections inside the Hudson, Bergen, and Essex County jails

Order – Page 6 of 15

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1

now that the virus is in the facilities because detainees live, sleep, and use

2

the bathroom in close proximity with others, and because ‘[b]ehind bars,

3

some of the most basic disease prevention measures are against the rules

4

or simply impossible.’” Petition ¶ 47 (internal quotation marks and citation

5

omitted).

6 Basank, et al., v. Decker, et al., 20 Civ. 2518 (S.D.N.Y., Feb. 28, 2020), ECF No.

7 11.

8

On March 23, 2020, the Ninth Circuit ordered, sua sponte and without further

9 explanation, the release of an immigration detainee “[i]n light of the rapidly escalating

10 public health crisis, which public health authorities predict will especially impact

11 immigration detention centers.” Xochihua-Jaimes v. Barr, 2020 WL 1429877, No. 18-

12 71460 (9th Cir. Mar. 23, 2020).

13

On March 23, 2020, Hernandez filed a petition for a writ of habeas corpus,

14 pursuant to 28 U.S.C. § 2241. Hernandez’s petition sets forth one claim – in light of

15 the recent COVID-19 pandemic, the conditions of his confinement are, now,

16 unconstitutional.

17

Hernandez’s habeas petition and the relief it seeks from this Court are not barred

18 by the fact that he might be subject to mandatory detention pursuant to INA § 236(c).

19 See Singh v. Holder, 638 F.3d 1196, 1202 (9th Cir. 2011). While the INA does restrict

20 jurisdiction in federal courts for certain claims, it does not restrict habeas jurisdiction

21 for petitions that raise constitutional claims. See Singh, 638 F.3d at 1202.

22

Hernandez, now, moves for a temporary restraining order for his immediate

23 release from Adelanto.

24

Hernandez is entitled to a temporary restraining order if he shows: (1) A

25 likelihood of success on the merits; (2) That he is likely to suffer irreparable harm in

26 the absence of relief; (3) The balance of equities tip in his favor; and (4) An injunction

27 is in the public’s interest. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20

28 (2008). Under the Ninth Circuit’s sliding scale approach, a stronger showing of one

Order – Page 7 of 15

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1 element may offset a weaker showing of another. See Pimentel v. Dreyfus, 670 F.3d

2 1096, 1105 (9th Cir. 2012). Accordingly, Hernandez is entitled to a temporary

3 restraining order if “serious questions going to the merits [are] raised and the balance

4 of hardships tips sharply in [his] favor.” All. for the Wild Rockies v. Cottrell, 632 F.3d

5 1127, 1131 (9th Cir. 2011).

6

When the Government detains a person for the violation of an immigration law,

7 the person is a civil detainee, even if he has a prior criminal conviction. See Zadvydas

8 v. Davis, 533 U.S. 678, 690 (2001). As a civil detainee, Hernandez is entitled to more

9 considerate treatment than criminal detainees, whose conditions of confinement are

10 designed to punish. See Youngberg v. Romeo, 457 U.S. 307, 321-22 (1982).

11 Moreover, under the Fifth Amendment’s Due Process Clause, a civil detainee cannot

12 be subjected to conditions that amount to punishment. See King v. Cty. of L.A., 885

13 F.3d 548, 556-557 (9th Cir. 2018).

14

When the Government takes a person into custody and detains him against his

15 will, the Constitution imposes upon the Government a duty to assume responsibility for

16 that detainee’s safety and general well being. See Helling v. McKinney, 509 U.S. 25,

17 32 (1993). Under the Eighth Amendment, the Government must provide criminal

18 detainees with basic human needs, including reasonable safety. Helling, 509 U.S. at

19 32. The Government violates the Eighth Amendment if it confines a criminal detainee

20 in unsafe conditions. See Helling, 509 U.S. at 33. Moreover, the Government may not

21 “ignore a condition of confinement that is sure or very likely to cause serious illness.”

22 See Helling, 509 U.S. at 32.

23

A civil detainee’s constitutional rights are violated if a condition of his

24 confinement places him at substantial risk of suffering serious harm, such as the harm

25 caused by a pandemic. See Smith v, Wash., 781 F. App’x. 595, 588 (9th Cir. 2019).

26 At a minimum, here, the Government owes a duty to Hernandez, as a civil immigration

27 detainee, to reasonably abate known risks. See Castro v. Cty. of Los Angeles, 833 F.3d

28 1060, 1071 (9th Cir. 2016). Inadequate health and safety measures at a detention center

Order – Page 8 of 15

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1 cause cognizable harm to every detainee at that center. See Parsons v. Ryan, 754 F.3d

2 657, 679 (9th Cir. 2014).

3

Here, Hernandez argued that the conditions at Adelanto expose him to a

4 substantial risk of suffering serious harm – increasing his exposure to or contracting

5 COVID-19. When the Government detains a person, thereby taking custody of that

6 person, it creates a special relationship wherein the Government assumes responsibility

7 for that detainee’s safety and well-being. See, e.g., Henry A. v. Willden, 678 F.3d 991,

8 998 (9th Cir. 2012). If the Government fails to provide for a detainee’s basic human

9 needs, including medical care and reasonable safety, the Due Process Clause is violated.

10 DeShaney v. Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189, 200 (1989). Indeed,

11 the Due Process Clause mandates that civil immigration detainees are entitled to more

12 than minimal human necessities. See Jones v. Blanas, 393 F.3d 918, 931 (9th Cir.

13 2004). At a minimum, here, the Government owes a duty to Hernandez, as a civil

14 immigration detainee, to reasonably abate known risks. See Castro v. Cty. of Los

15 Angeles, 833 F.3d 1060, 1071 (9th Cir. 2016). Inadequate health and safety measures

16 at a detention center cause cognizable harm to every detainee at that center. See

17 Parsons v. Ryan, 754 F.3d 657, 679 (9th Cir. 2014).

18

In its opposition brief, the Government set forth the United States Attorney

19 General’s discretionary right to detain an alien in removal proceedings prior to a final

20 order of removal. See 8 U.S.C. § 1226. Indeed, the Attorney General has the

21 discretion to either: (1) Detain the person without bond or (2) Release the person on a

22 bond of at least $1,500.00 or on conditional parole. 8 U.S.C. § 1226(a). In making

23 the initial bond determination, a BICE officer must assesses whether the person has

24 “demonstrate[d]” that “release would not pose a danger to property or persons, and that

25 the alien is likely to appear for any future proceeding.” 8 C.F.R. § 236.1(c)(8). If the

26 BICE officer determines that release, with or without bond, is not appropriate, then the

27 person may appeal to an Immigration Judge. 8 C.F.R. §§ 236.1(d)(1), 1003.19,

28 1236.1(d)(1). The Immigration Judge’s decision, then, would be appealable to the

Order – Page 9 of 15

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1 Board of Immigration Appeals. 8 C.F.R. §§ 1003.1(b)(7), 1003.19(f), 1003.38.

2

However, because Hernandez, here, has asserted a claim for violations of his

3 Fifth Amendment substantive due process rights, and those claims exceed the

4 jurisdictional limits of the Immigration Court and the Board of Immigration Appeals,

5 he need not first exhaust his administrative remedies. Garcia-Ramirez v. Gonzales, 423

6 F.3d 935, 938 (9th Cir. 2005).

7

The Government argued that Hernandez lacks standing because he cannot

8 establish that he would suffer a concrete, non-hypothetical injury absent a temporary

9 restraining order in that his likelihood of contracting COVID-19 is speculative. See

10 Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-561 (1992).

11

However, it is clear that “[a] remedy for unsafe conditions need not await a tragic

12 event.” Helling, 509 U.S. at 33. The Government cannot be “deliberately indifferent

13 to the exposure of [prisoners] to a serious, communicable disease on the ground that the

14 complaining [prisoner] shows no serious current symptoms.” Helling, 509 U.S. at 33.

15 “That the Eighth Amendment protects against future harm to inmates is not a novel

16 proposition.” Helling, 509 U.S. at 33. The Supreme Court clearly stated that “... the

17 Eighth Amendment protects [prisoners] against sufficiently imminent dangers as well

18 as current unnecessary and wanton infliction of pain and suffering...” Helling, 509

19 U.S. at 33. Indeed, the Court concluded that where prisoners in punitive isolation were

20 crowded into cells and some of them had infectious maladies, “... the Eighth

21 Amendment required a remedy, even though it was not alleged that the likely harm

22 would occur immediately and even though the possible infection might not affect all of

23 those exposed.” Helling, 509 U.S. at 33. Civil detainees are entitled to greater liberty

24 protections than individuals detained under criminal processes. See Jones, 393 F.3d at

25 932.

26

In its amicus brief filed in Helling, the Government stated that it “... recognizes

27 that there may be situations in which exposure to toxic or similar substances would

28 present a risk of sufficient likelihood or magnitude – and in which there is a sufficiently

Order – Page 10 of 15

Case 5C:2a0s-ecv2-:02006-c1v7--0T0J4H9-6K-SCBD-CoRcuEmeDnotc1u7meFnilte1d80-142/01F/2il0ed P04a/g0e9/1210ofP1a5geP1a2goefI1D6#:1418

1 broad consensus that exposure of anyone to the substance should therefore be prevented

2 – that the [Eighth] [A]mendment’s protection would be available even though the effects

3 of exposure might not be manifested for some time.” Helling, 509 U.S. at 34. The

4 Government, here, cannot say, with any degree of certainty, that no one – staff or

5 detainee – at Adelanto has not been, or will not be, infected with the coronavirus. The

6 science is well established – infected, asymptomatic carriers of the coronavirus are

7 highly contagious. Moreover, Hernandez, presently, is suffering from a condition of

8 confinement that takes away, inter alia, his ability to socially distance. The

9 Government cannot be deliberately indifferent to Hernandez’s potential exposure to a

10 serious, communicable disease on the ground that he is not, now, infected or showing

11 current symptoms. See Helling, 509 U.S. at 32.

12

It is “cruel and unusual punishment to hold convicted criminals in unsafe

13 conditions.” Helling, 509 U.S. at 33. The Eighth Amendment is violated when a

14 condition of a criminal detainee’s confinement puts him at substantial risk of suffering

15 serious harm and that the condition causes suffering inconsistent with contemporary

16 standards of human decency. See Smith v. Wash., 781 F. App’x. 595, 597-598 (9th

17 Cir. 2019). However, a civil detainee seeking to establish that the conditions of his

18 confinement are unconstitutional need only show that his conditions of confinement

19 “put [him] at substantial risk of suffering serious harm.” See Smith, 781 F. App’x.

20 597-598. Here, BICE cannot be deliberately indifferent to the potential exposure of

21 civil detainees to a serious, communicable disease on the ground that the complaining

22 detainee shows no serious current symptoms, or ignore a condition of confinement that

23 is more than very likely to cause a serious illness. See Helling, 509 U.S. at 32.

24

Under the Due Process Clause, a civil detainee cannot be subject to the current

25 conditions of confinement at Adelanto. The Supreme Court has acknowledged that it

26 has “... great difficulty agreeing that prison authorities may not be deliberately

27 indifferent to an inmate’s current health problems but may ignore a condition of

28 confinement that is sure or very likely to cause serious illness and needless suffering the

Order – Page 11 of 15

Case 5C:2a0s-ecv2-:02006-c1v7--0T0J4H9-6K-SCBD-CoRcuEmeDnotc1u7meFnilte1d80-142/01F/2il0ed P04a/g0e9/1220ofP1a5geP1a3goefI1D6#:1419

1 next week or month or year.” Helling, 509 U.S. at 33

2

The Government, here, argued that Hernandez may not challenge the conditions

3 of his confinement through a habeas petition. Rather, according to the Government,

4 he may proceed only by way of a civil claim under 42 U.S.C. § 1983, and that the only

5 appropriate remedies under § 1983 are a judicially mandated change to the conditions

6 of confinement and money damages. The Government’s argument is misplaced.

7

In discussing the relationship between a habeas petition and a § 1983 claim, the

8 Supreme Court explained that a habeas petition is the appropriate avenue for a detainee

9 to attack the validity of the fact, or length, of confinement, with a potential remedy of

10 immediate release; whereas, a § 1983 claim is the appropriate avenue for a detainee to

11 attack something other than the fact, or length, of confinement, with a potential remedy

12 of a policy change and/or money damages. See Prieser v. Rodriguez, 441 U.S. 475,

13 494 (1973). Typically, conditions of confinement claims are raised by criminal

14 detainees while serving their criminal sentences. Consequently, immediate release

15 based on the conditions of confinement would not be appropriate, as that would

16 circumvent their criminal sentences. But, Hernandez is a civil detainee. Thus, it is

17 appropriate for him to proceed by way of a habeas petition because he challenges the

18 validity of his confinement and seeks his immediate release.

19

As the Court writes this order, the number of confirmed COVID-19 cases in the

20 United States has already exceeded the number of confirmed cases in every other

21 country on this planet. Indeed, all of the experts and political leaders agree that the

22 number of confirmed cases in the United States will only increase in the days and weeks

23 ahead. The number of cases in the United States has yet to peak. In San Bernardino

24 County, the number of confirmed cases, there, has more than tripled over the past

25 week.

26

The risk that Hernandez will flee is minimal given the current global pandemic,

27 his ties to the community, and his pending appeal before the BIA. Further, Hernandez

28 should be aware that if he is ordered released and, then, flees or violates any federal,

Order – Page 12 of 15

Case 5C:2a0s-ecv2-:02006-c1v7--0T0J4H9-6K-SCBD-CoRcuEmeDnotc1u7meFnilte1d80-142/01F/2il0ed P04a/g0e9/1230ofP1a5geP1a4goefI1D6#:1420

1 state or local criminal law, it will have a dire impact on his pending BIA appeal and all

2 further proceedings in this case.

3

Civil detainees must be protected by the Government. Hernandez has not been

4 protected. He is not kept at least 6 feet apart from others at all times. He has been put

5 into a situation where he has been forced to touch surfaces touched by other detainees,

6 such as with common sinks, toilets and showers. Moreover, the Government cannot

7 deny the fact that the risk of infection in immigration detention facilities – and jails –

8 is particularly high if an asymptomatic guard, or other employee, enters a facility.

9 While social visits have been discontinued at Adelanto, the rotation of guards and other

10 staff continues.

11

Accordingly, Hernandez has established that there is more than a mere likelihood

12 of his success on the merits for his first claim, which is based on his Due Process

13 rights. See Winter, 555 U.S. at 20.

14

Hernandez has established that he is likely to suffer irreparable harm in the

15 absence of relief. See Winter, 555 U.S. at 20. It is well established that the deprivation

16 of constitutional rights unquestionably constitutes irreparable injury. See Hernanez v.

17 Session, 872 F.3d 976, 994 (9th Cir. 2017).

18

The balance of the equities tip sharply in his favor. Hernandez faces irreparable

19 harm to his constitutional rights and health. Indeed, there is no harm to the

20 Government when a court prevents the Government from engaging in unlawful

21 practices. See Rodriguez v. Robbins, 715 F.3d 1127, 1145 (9th Cir. 2013).

22

Finally, the emergency injunctive relief sought, here, is absolutely in the public’s

23 est interest. The public has a critical interest in preventing the further spread of the

24 coronavirus. An outbreak at Adelanto would, further, endanger all of us – Adelanto

25 detainees, Adelanto employees, residents of San Bernardino County, residents of the

26 State of California, and our nation as a whole.

27

This is an unprecedented time in our nation’s history, filled with uncertainty,

28 fear, and anxiety. But in the time of a crisis, our response to those at particularly high

Order – Page 13 of 15

Case 5C:2a0s-ecv2-:02006-c1v7--0T0J4H9-6K-SCBD-CoRcuEmeDnotc1u7meFnilte1d80-142/01F/2il0ed P04a/g0e9/1240ofP1a5geP1a5goefI1D6#:1421

1 risk must be with compassion and not apathy. The Government cannot act with a

2 callous disregard for the safety of our fellow human beings.

3

4

Accordingly,

5

6

It is Ordered that the application for a temporary restraining order be, and

7 hereby is, Granted.

8

9

It is further Ordered that Respondents shall, by 5:00 p.m. on April 2, 2020,

10 release Petitioner Enrique Francisco Hernandez from custody pending further order of

11 this Court, and subject to the following conditions of release:

12

1. Petitioner shall reside, and shelter in place, at the residence of

13

[“the

14

Residence”];

15

2. Petitioner shall be transported from the Adelanto Detention Center directly

16

to the Residence by

17

3. Petitioner shall not leave the Residence, pending further order of the

18

Court, except to obtain medical care;

19

4. Petitioner shall not violate any federal, state or local laws;

20

5. Petitioner shall not use or posses illegal drugs; and

21

6. At the discretion of DHS and/or BICE, to enforce the above restrictions,

22

Petitioner’s whereabouts may be monitored by telephonic and/or electronic

23

and/or GPS monitoring and/or a location verification system and/or an

24

automated identification system. If necessary to comply with the permitted

25

monitoring, Petitioner shall ensure the presence of a residential telephone

26

line without devices and/or services which may interrupt operation of any

27

monitoring equipment.

28

Order – Page 14 of 15

Case 5C:2a0s-ecv2-:02006-c1v7--0T0J4H9-6K-SCBD-CoRcuEmeDnotc1u7meFnilte1d80-142/01F/2il0ed P04a/g0e9/1250ofP1a5geP1a6goefI1D6#:1422

1

It is further Ordered that Respondents shall show cause, if they have any, as

2 to why the Court should not issue a preliminary injunction in this case. Respondents’

3 response, if any, to this order to show cause shall be filed by Noon on April 6, 2020.

4 Hernandez’s reply, if any, to Respondents’ response shall be filed by Noon on April 9,

5 2020. The matter will then stand submitted.

6
7 Date: April 1, 2020
8 9 10

__________________________________ Terry J. Hatter, Jr.
Senior United States District Judge

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Order – Page 15 of 15

Case 2:20-cv-00496-CB-CRE Document 18-13 Filed 04/09/20 Page 1 of 5
Exhibit L

USCA4CAapspee2a:lC:12a80s-ce-r4-210:8023000-c3v--JD0Po0Jc4-:P916M7-CSB-DCoRcEuFmileDedno:tc07u34m/72e7n/Ft2i10le82d-01033/2PF7igl/e:2d10 0o4Pf /2a0g9e/210 ofP2agePa2goefid5#: 6653
FILED: March 27, 2020
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ___________________ No. 20-4183 (2:18-cr-00003-JPJ-PMS-2) ___________________
UNITED STATES OF AMERICA Plaintiff - Appellee
v. LEILA VARRETTA HECTOR, a/k/a Leila Varetta Hector-Dykes, a/k/a Rita Hector
Defendant - Appellant ___________________ O R D E R ___________________
Upon consideration of the appeal from the district court’s denial of appellant’s motion for release pending appeal, the court remands this case to the district court for the limited purpose of having the district court consider in the first instance the severity of the risk that the COVID-19 virus poses to appellant given her existing medical conditions.
The clerk shall forward a copy of this order to the district court. This appeal

USCA4CAapspee2a:lC:12a80s-ce-r4-210:8023000-c3v--JD0Po0Jc4-:P916M7-CSB-DCoRcEuFmileDedno:tc07u34m/72e7n/Ft2i10le82d-01033/2PF7igl/e:2d20 0o4Pf /2a0g9e/220 ofP2agePa3goefid5#: 6654
shall remain on the active docket of this court and the parties shall file a status report on April 27, 2020, and every 30 days thereafter, and shall immediately notify this court when the district court proceedings have concluded.
For the Court /s/ Patricia S. Connor, Clerk

Case 2:C1a8s-cer-20:02000-c3v--J0P0J4-P96M-CSB-DCoRcEumDenotc7u4m8enFt i1le8d-1033/2F7il/e2d0 04P/a0g9e/210 ofP2agePa4goefid5#: 6657
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA
BIG STONE GAP DIVISION

UNITED STATES OF AMERICA )

)

)

)

v.

)

)

LEILA VARRETTA HECTOR,

)

)

Defendant.

)

Case No. 2:18CR00003-002
ORDER
By: James P. Jones United States District Judge

The court of appeals has directed the court to reconsider, in light of the
defendant’s medical condition and the current coronavirus pandemic, this court’s
prior order denying the defendant’s motion for a stay of her imprisonment pending
her appeal. See Fed. R. Crim. P. 38(b)(1). The Federal Rules of Appellate
Procedure provide that the decision regarding release pending appeal must be made
in accord with the applicable provisions of the Bail Reform Act. That Act provides,
in pertinent part, that the court:
[S]hall order that a person who has been found guilty of an offense and sentenced to a term of imprisonment, and who has filed an appeal or a petition for a writ of certiorari, be detained, unless the judicial officer finds—
(A) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released . . . ; and
(B) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in-
(i) reversal,

Case 2:C1a8s-cer-20:02000-c3v--J0P0J4-P96M-CSB-DCoRcEumDenotc7u4m8enFt i1le8d-1033/2F7il/e2d0 04P/a0g9e/220 ofP2agePa5goefid5#: 6658
(ii) an order for a new trial, (iii) a sentence that does not include a term of imprisonment, or (iv) a reduced sentence to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process. 18 U.S.C. § 3143(b). The defendant does not meet the conditions of the Act. However, in view of the direction of the court of appeals and under the present extraordinary circumstances, I will reverse my prior order. It is accordingly ORDERED that the sentence of imprisonment imposed upon the defendant is hereby STAYED and she shall remain under her bond and conditions of release pending her current appeal. Any direction to her to report to a Bureau of Prison facility is VACATED. The Clerk shall provide the Clerk of the Court of Appeals, the defendant, the U.S. Marshals Service, and the U.S. Probation Office, with a copy of this Order. It is so ORDERED.
ENTER: March 27, 2020 /s/ JAMES P. JONES United States District Judge
2

Case 2:20-cv-00496-CB-CRE Document 18-14 Filed 04/09/20 Page 1 of 3
Exhibit M

CasCeas2e:2:01-8c-v7-10406409,60-C3B/2-4C/2R0E20,DIoDc:u1m1e6n4t01484-21,4DkFtEilendtry0:45/049-1/2, 0PagPeag1eo2f 1of 3

(1 of 2)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

LUCERO XOCHIHUA-JAIMES,

No. 18-71460

FILED
MAR 24 2020
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

Petitioner,

Agency No. A206-105-249

v. WILLIAM P. BARR, Attorney General,

ORDER

Respondent.

Before: SILER,* WARDLAW, and M. SMITH, Circuit Judges. The inclusion of the “For Publication” designation on the Order filed by the
court on March 23, 2020 (Dkt. No. 53) was a clerical error. The correct Order is attached hereto.
IT IS SO ORDERED.

* The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.

CasCeas2e:2:01-8c-v7-10406409,60-C3B/2-4C/2R0E20,DIoDc:u1m1e6n4t01484-21,4DkFtEilendtry0:45/049-2/2, 0PagPeag1eo3f 1of 3

(2 of 2)

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

LUCERO XOCHIHUA-JAIMES,

No. 18-71460

FILED
MAR 24 2020
MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

Petitioner,

Agency No. A206-105-249

v. WILLIAM P. BARR, Attorney General,

ORDER

Respondent.

Before: SILER,* WARDLAW, and M. SMITH, Circuit Judges. In light of the rapidly escalating public health crisis, which public health
authorities predict will especially impact immigration detention centers, the court sua sponte orders that Petitioner be immediately released from detention and that removal of Petitioner be stayed pending final disposition by this court. See 8 U.S.C. § 1252(b)(3)(B); 28 U.S.C. § 1651(a).
The matter is remanded to the BIA for the limited purpose of securing Petitioner’s immediate release.
IT IS SO ORDERED.

* The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation.

Case 2:20-cv-00496-CB-CRE Document 18-15 Filed 04/09/20 Page 1 of 10
Exhibit N

CaseC2a:s2e0-1c:v1-80-0c4r-9060-3C8B2-CMRLEB Document 1280-1F5ileFdil0e3d/3004/2009/2P0agPea1geof29of 10

CaseC2a:s2e0-1c:v1-80-0c4r-9060-3C8B2-CMRLEB Document 1280-1F5ileFdil0e3d/3004/2009/2P0agPea2geof39of 10
partner and the community if released from custody. (R1-7). She stated that she would re-consider the matter if the final revocation hearing was delayed beyond January 2020.1 Within weeks of this ruling, defense counsel learned that previous legal errors made by State officials significantly undermined the presumed applicable sentencing guideline range recommended by the federal probation officer. Further, scientists, medical professionals, and government officials began to sound the alarm that our Country was facing a nationwide pandemic that would threaten the lives of millions of Americans. (www.ajc.com/news/coronavirus.) Based on these new facts, Mr. Bolston filed emergency motions for re-consideration of the detention order. (Docs. 16, 17, 19). He argued that the facts related to correction of his previous criminal judgment and the danger inherent in his continued incarceration at the R.A. Deyton Detention Facility (RAD) during the COVID-19 outbreak justified his immediate release from custody.
The Government opposed the request, arguing that the factors raised by the defendant were immaterial to the release determination, that Mr. Bolston is not at a heightened risk of exposure to the virus during his detention at the RAD because “…the defendant [does not] cite to any presumptive positive or positive cases at the facility where he is currently incarcerated that would show he is at risk for contracting COVID-19…” and that these health concerns do not undermine the previous finding that he poses a serious risk of harm to his former partner. (Doc. 18 at 6). It also suggested that this Court should limit its review of factors relevant to the
1 Judge King’s findings were orally pronounced during the detention hearing. Although the hearing was not transcribed, the undersigned has reviewed the recording.
2

CaseC2a:s2e0-1c:v1-80-0c4r-9060-3C8B2-CMRLEB Document 1280-1F5ileFdil0e3d/3004/2009/2P0agPea3geof49of 10
defendant’s release request to a single factor - the potential risk of danger to Mr. Bolston’s partner and the public – in determining whether the previous Order should be vacated. (Doc. 18 at 3, 11).
Applicable law and legal analysis Pursuant to 18 U.S.C. § 3148(b)(1), the undersigned must detain a defendant if there is probable cause to believe that the person committed a crime while on release or there is clear and convincing evidence that the person violated any condition of release, and based on an analysis of the factors in 18 U.S.C. § 3142(g), that there is no condition or combination of conditions that will assure that the person will not flee or pose a danger to the community or the safety of another person, or that the person is unlikely to abide by any conditions of release. The person charged with violating a condition of supervised release bears the burden of establishing by clear and convincing evidence that he is not likely to flee or pose a danger to the safety of another person or the community. 18 U.S.C. § 3143(a)(1); Fed. R. Crim. P. 32.1(a)(6). If this Court finds that there are conditions of release that will assure the defendant will not flee or pose a danger to the safety of a person or the larger community, and finds that the defendant will abide by the conditions of release, she may amend the conditions of release accordingly. Id. A detention hearing may be reopened “if the judicial officer finds that information exists that was not known to the movant at the time of the hearing and that has a material bearing on the issue of whether there are conditions of release that will reasonably assure the appearance of such person as required and the safety of any other person and the community.” 18 U.S.C. §3142(f). This Court is required to consider the factors outlined
3

CaseC2a:s2e0-1c:v1-80-0c4r-9060-3C8B2-CMRLEB Document 1280-1F5ileFdil0e3d/3004/2009/2P0agPea4geof59of 10
in 18 U.S.C. § 3142(g) including: (1) the nature and circumstances of the offense charged; (2) the weight of the evidence against the defendant; (3) the history and characteristics of the defendant, including the defendant’s character, physical and mental condition, family and community ties, past conduct, history relating to drug or alcohol abuse, criminal history, and record concerning appearance at court proceedings, as well as whether the crime was committed while the defendant was on probation or parole; and (4) the nature and seriousness of the danger to any person or to the community that would be posed by the defendant’s release.” In addition, the undersigned may “…by subsequent order permit the temporary release of the person, in the custody of a United State Marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person’s defense or for another compelling reason.”18 U.S.C. § 3142(i) (emphasis added).
Sections 3142(g) and 3142(i) direct the undersigned to consider an array of factors in determining whether a previous order of detention should be vacated. The Government’s attempt to limit this Court’s review undermines the authority Congress vested in this Court and renders Section 3142(i) superfluous. Such a narrow interpretation of the applicable provisions of the Bail Reform Act is inconsistent with the breadth of the considerations adopted by Congress.
This Court finds that the following factors did not exist at the time Magistrate Judge King imposed her Order and are material to the determination of whether detention is still warranted in the instant case:
4

CaseC2a:s2e0-1c:v1-80-0c4r-9060-3C8B2-CMRLEB Document 1280-1F5ileFdil0e3d/3004/2009/2P0agPea5geof69of 10

CaseC2a:s2e0-1c:v1-80-0c4r-9060-3C8B2-CMRLEB Document 1280-1F5ileFdil0e3d/3004/2009/2P0agPea6geof79of 10

CaseC2a:s2e0-1c:v1-80-0c4r-9060-3C8B2-CMRLEB Document 1280-1F5ileFdil0e3d/3004/2009/2P0agPea7geof89of 10

CaseC2a:s2e0-1c:v1-80-0c4r-9060-3C8B2-CMRLEB Document 1280-1F5ileFdil0e3d/3004/2009/2P0agPea8geof99of 10

CaseC2a:2s0e-1cv:1-080-c4r9-060-C38B2-C-MRLEB DDooccuummeenntt1280-15FileFdile0d3/0340//0290/20PaPgeag9eo1f09of 10

Case 2:20-cv-00496-CB-CRE Document 18-16 Filed 04/09/20 Page 1 of 15
Exhibit O

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.30P3ageP2agoef 115of 14

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

United States of America,

Plaintiff,

Case No. 18-20315

v.
Keith Kennedy (D-3),
Defendant. ________________________________/

Judith E. Levy United States District Judge Elizabeth A. Stafford Magistrate Judge

ORDER TEMPORARILY REVOKING DETENTION On March 11, 2020 Magistrate Judge David Grand detained Defendant Keith Kennedy subject to a bond review hearing before Judge Judith Levy. (See ECF No. 71.) Judge Grand detained Defendant due to several violations of his pretrial release conditions, including the following: failing several drug screens, failing to report to pretrial services, failing to report to inpatient substance abuse treatment, and failing to report for a bond review hearing. (See id.; ECF No. 58.) On March 26, 2020, the Court conducted a bond reviewing hearing of Defendant’s confinement at the Saginaw County Jail. The hearing took

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.30P4ageP3agoef 125of 14
place telephonically due to federal, state, and court stay-at-home directives in response to the COVID-19 pandemic.
The Court is authorized to revisit the Magistrate Judge’s order pursuant to 18 U.S.C. § 3145(b). As set forth below, the Court finds that it is necessary to temporarily release Defendant, pursuant to 18 U.S.C. § 3142(i)(4), see infra pg. 8, for two reasons. First, under the facts of this case, the danger posed to Defendant in the Saginaw County Jail by the COVID-19 pandemic constitutes an independent compelling reason to temporarily release him from custody. Second, temporary release is necessary for Defendant to prepare his pre-sentencing defense. BACKGROUND
On March 22, 2020, the Governor of Michigan issued the following statement: “The novel coronavirus (COVID-19) is a respiratory disease that can result in serious illness or death. It is caused by a new strain of coronavirus not previously identified in humans and easily spread from person to person. There is currently no approved vaccine or antiviral treatment for this disease.” Executive Order, No. 2020-20 (Mar. 22, 2020).
2

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.30P5ageP4agoef 135of 14

Since March 11, 2020, the date of Defendant’s hearing before

Magistrate Judge Grand, the exceptionally dangerous nature of the

COVID-19 pandemic has become apparent. On March 10, 2020, the

Governor of Michigan announced the state’s first two cases of COVID-19

and simultaneously declared a State of Emergency. Executive Order, No.

2020-4 (Mar. 10, 2020). The number of new cases is growing

exponentially. As of March 27, 2020, that number is now at 3,657

confirmed cases and 92 known related deaths. See Coronavirus,

Michigan.Gov, https://www.michigan.gov/coronavirus/0,9753,7-406-

98163-520743--,00.html. COVID-19 has a high risk of transmission, and

the number and rate of confirmed cases indicate broad community

spread. Executive Order, No. 2020-20 (Mar. 22, 2020). Indeed, as of

March 27, 2020, Michigan jails are attempting to lower their detained

populations “as officials scramble to remove people thought to be at high

risk of contracting the coronavirus, but little risk to the general public if

they were not behind bars.” James David Dickson, Jail populations

plunge in Metro Detroit as coronavirus spreads, Detroit News (March 27,

2020),

https://www.detroitnews.com/story/news/local/macomb-

3

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.30P6ageP5agoef 145of 14
county/2020/03/27/jail-populations-plunge-metro-detroit-coronavirusspreads/2914358001/. Defendant’s case fits this description.
On March 23, 2020, the Centers for Disease Control and Prevention (CDC) acknowledged that correctional and detention facilities “present[] unique challenges for control of COVID-19 transmission among incarcerated/detained persons, staff, and visitors.” Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, Centers for Disease Control (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/correctiondetention/guidance-correctional-detention.html [Hereinafter “CDC Guidance 3/23/2020”]. Specifically, the CDC noted that many detention conditions create a heightened risk of danger to detainees. These include: low capacity for patient volume, insufficient quarantine space, insufficient on-site medical staff, highly congregational environments, inability of most patients to leave the facility, and limited ability of incarcerated/detained persons to exercise effective disease prevention measures (e.g., social distancing and frequent handwashing). Id.
The CDC recommended that all correctional facilities take preventative measures, including: ensuring an adequate supply of
4

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hygiene and medical supplies, allowing for alcohol-based sanitizer throughout facilities, providing no-cost soap to all inmates for frequent handwashing, cleaning and disinfecting frequently touched surfaces several times per day, performing pre-intake screening and temperature checks for all new entrants, increasing space between all detained persons to at least six feet, staggering meals, and having healthcare staff perform regular rounds. Id. Even if all of the CDC’s interim recommendations are followed, and this record suggests that they are not, the Court is concerned that such measures will prove insufficient to stem deadly outbreaks. See, e.g., New York City Board of Correction Calls for City to Begin Releasing People From Jail as Part of Public Health Response to COVID-19, N.Y.C. Bd. of Corr. (Mar. 17, 2020), https://www1.nyc.gov/assets/boc/downloads/pdf/News/2020.03.17%20%20Board%20of%20Correction%20Statement%20re%20Release.pdf (arguing that, despite the “heroic work” of Department of Correction and Correctional Health Services staff “to prevent the transmission of COVID-19 in the jails and maintain safe and humane operations, the City must drastically reduce the number of people in jail right now and limit new admissions to exceptional circumstances”). Indeed, on March
5

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.30P8ageP7agoef 165of 14

26, 2020, Attorney General Barr issued a separate directive ordering the

Director of the Bureau of Prisons to “prioritiz[e] home confinement as

appropriate in response to the COVID-19 pandemic . . . to protect the

health and safety of BOP personnel and the people in our custody.”

Prioritization of Home Confinement as Appropriate in Response to

COVID-19 Pandemic, Att’y Gen. (Mar. 26, 2020).

Research shows that prisoners and jail inmates are more likely

than the general population to report experiencing infectious diseases,

indicating that these individuals face a heightened risk during this

pandemic.1 Laura M. Maruschak et al., Medical Problems of State and

Federal Prisoners and Jail Inmates, 2011-12, U.S. Department of Justice,

Bureau

of

Justice

Statistics,

(2016),

https://www.bjs.gov/content/pub/pdf/mpsfpji1112.pdf.

By way of example, Michigan prisons are beginning to prepare

“contingency plans” for extreme outbreaks, but the evidence suggests

that it is only a matter of time before a deadly outbreak occurs for which

1 As of March 26, 2020, there have been fourteen confirmed cases of a Michigan prisoner testing positive for COVID-19, up from one case on March 24, 2020. Gus Burns, Michigan prisons prep for possibility of coronavirus outbreak among inmate population, M-Live (Mar. 26, 2020), https://www.mlive.com/publicinterest/2020/03/michigan-prisons-prep-for-possibility-of-coronavirus-spread-amonginmate-population.html.
6

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.30P9ageP8agoef 175of 14
the prison system is woefully unprepared. See id. ([The Michigan Department of Corrections spokesperson] “said administrators haven’t projected how many inmates might eventually contract the highly contagious virus, and he didn’t immediately know how much quarantine space is available throughout the prison network.”) Because many individuals infected with COVID-19 do not display symptoms, the virus will almost certainly be present in jails and prisons before cases are formally identified.
During the March 26 hearing, Defendant credibly testified that he has conditions which render him particularly vulnerable to COVID-19. Defendant, who was audibly ill with congestion and who coughed intermittently throughout the call, testified that he is exhibiting flu-like symptoms. Defendant also credibly testified that Saginaw County Jail has not been treating his underlying conditions or his flu-like symptoms. He testified that, prior to detainment, he was on high blood pressure medication, thyroid medication, and blood sugar medication. Despite these conditions and symptoms, Defendant testified that he was not being provided with these medications, not having his blood pressure taken regularly, not having his thyroid tested, not having his
7

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.31P0ageP9agoef 185of 14
temperature taken regularly, and unable to access to tissues into which he could sneeze or cough.2 Defendant also testified that the detainees had no access to hand sanitizer and were instead provided with a small bar of soap once a week. LAW AND ANALYSIS
Where a detention order has been issued, the Court is permitted to issue a “subsequent order” temporarily releasing an individual in custody “to the extent that the judicial officer determines such release to be necessary for the preparation of the person’s defense or for another compelling reason.” 18 U.S.C. § 3142(i)(4). While the language of § 3142(i)(4) appears under the heading “Release or detention of a defendant pending trial,” this provision applies to Defendant even though he has pled guilty and is thus pending sentencing rather than trial. The language specifies that the Court may permit temporary release “by subsequent order.” Id. The Court’s current directive is a “subsequent order,” issued subsequent to a prior detainment order under 18 U.S.C. § 3142.3 United States v. Thornton, 787 F.2d 594, 594 (6th Cir. 1986) (Table
2 Defendant did testify that the detainees had access to toilet paper. 3 The Court notes that typical post-plea releases involve a finding “by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety
8

CaseCa5s:1e82-c:2r-02-0c3v-1050-4JE96L-CEBA-SCREECFDNoocu. 7m7enftil1e8d-1063/2F7i/l2e0d 04P/a0g9e/2ID0 .3P1a1geP1a0goef 915of 14
decision) (suggesting that a district court could temporarily release a
detainee pursuant to § 3142(i)(4) by subsequent order even after a prior
order holding that the detainee was a flight risk or a risk to public safety);
United States v. Dante Stephens, No. 15-cr-0095, 2020 WL 1295155, *3
(S.D.N.Y. Mar. 19, 2020) (holding that 18 U.S.C. § 3142(i)(4) constitutes
a “separate statutory ground” for post-conviction release).
of any other person or the community.” 18 U.S.C. § 3143(a)(1). However, it is unnecessary for the Court to make a finding under 18 U.S.C. § 3143, because the Court is releasing Defendant pursuant to the independent statutory ground 18 U.S.C. § 3142(i)(4). Nevertheless, the Court finds, by clear and convincing evidence based on Defendant’s actions and testimony, that Defendant would not pose a danger to the safety of any other person or to the community. The Court notes that Defendant testified under oath about his concern for his aging parents and his desire to remain at home, in quarantine, to support them. Defendant was solemn, thoughtful, and responsive to the Court’s questions and concerns. Defendant does not have a violent history. The Court found Defendant to be a credible witness when discussing his health and treatment at Saginaw County Jail, his willingness to cooperate with Probation, and his motivation for staying at home once released.
The Court also notes that any § 3143(a)(1) considerations would need to account for the restricted flight possibilities presented by the current COVID-19 pandemic, as well as “balance the public health safety risk posed by the continued incarceration of [] defendants in crowded correctional facilities with any community safety risk posed by a defendant’s release.” See Karr v. State, No. A-13630, 2020 WL 1456469, *3 (Alaska Ct. App. Mar. 24, 2020); see also Matter of Extradition of Toledo Manrique, No. 19-71055, 2020 WL 1307109, *1 (N.D. Cal. Mar. 19, 2020) (“This [flight risk] problem has to a certain extent been mitigated by the existing pandemic. The Court’s concern was that Toledo would flee the country, but international travel is hard now. Travel bans are in place . . .”)
9

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For the reasons below, the Court finds that temporary pretrial release is necessary for the compelling reason that it will protect Defendant, the prison population, and the wider community during the COVID-19 pandemic, and also that pretrial release is necessary for the preparation of Defendant’s pre-sentencing defense.
Section 3142(i) does not define “compelling reason,” and the Sixth Circuit has yet to interpret this statutory language. However, as courts across the country have begun to recognize, the global health crisis posed by COVID-19 necessitates informed, speedy, and preemptive action to reduce the risk of infection, illness, and death to prisoners and prison officials alike. See Xochihua-Jaimes v. Barr, No. 18-71460, ECF No. 53 (9th Cir. Mar. 23, 2020) (sua sponte ordering release of non-citizen from immigration detention center “[i]n light of the rapidly escalating public health crisis, which public health authorities predict will especially impact immigration detention centers.”); United States v. Perez, No. 19cr-00297, ECF No. 62 (S.D.N.Y. Mar. 19, 2020) (finding that the defendant’s heightened risk to COVID-19 complications constitutes a compelling reason for release under § 3142(i)); United States v. Barkman, No. 19-cr-0052, 2020 U.S. Dist. LEXIS 45628, at *11 (D. Nev. Mar. 17,
10

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.31P3ageP1a2geof1115of 14

2020) (granting emergency relief amending probation order to delay

confinement for thirty days because of risk of infection to both Defendant

and others in jail). Under any possible interpretation of Section 3142(i)’s

language, current events and Defendant’s particular vulnerability to the

disease constitute a compelling reason for release under § 3142(i).

Even if Defendant did not have a heightened susceptibility to

COVID-19, the public health crisis—and its impact on Defendant’s

ability to present a defense—nonetheless satisfies § 3142(i). Saginaw

County Jail has suspended on-site visitation “due to coronavirus

concerns.” Brianna Owczarzak, MDOC halts visits to MI prisons due to

coronavirus

concerns

(March

13,

2020),

https://www.wnem.com/news/mdoc-halts-visits-to-mi-prisons-due-to-

coronavirus-concerns/article_cbb094ea-6530-11ea-8dcc-

6f67de338459.html. The Federal Bureau of Prisons and Michigan

Department of Corrections have also broadly suspended on-site visits in

light of coronavirus concerns. See Federal Bureau of Prisons, Federal

Bureau

of

Prisons

COVID-19

Action

Plan,

https://www.bop.gov/resources/news/20200313_covid-19.jsp (explaining

the nationwide suspension and noting that “case-by-case accommodation

11

CaseC5a:s1e8-2c:r2-200-c3v1-50-0J4E9L6--ECABS-CREECFDNooc.u7m7enfitle1d8-0136/27F/i2le0d 0P4a/0g9e/I2D0.31P4ageP1a3geof1125of 14
will be accomplished at the local level”); Michigan Department of Corrections, MDOC Halts All Visits at State Prisons (Mar. 13, 2020), https://www.michigan.gov/coronavirus/0,9753,7-406-98163-521571-,00.html.
Defendant and his attorney, Mr. Kinney, testified specifically to their difficulty in conducting attorney-client communications under current conditions. Defendant testified that his attorney was able to call him, but unable to visit him to prepare for this hearing. Mr. Kinney additionally testified that, though he was able to speak by phone with his client, he was unable to receive assurances from the facility that the calls were private. Mr. Kinney noted that he was “not comfortable that [he and Defendant] could actually talk about anything over the phone,” because “there’s certain things that I don’t want him to say” without a guarantee of attorney-client privacy.
These communication difficulties are endemic to confinement during the current pandemic and, under the facts of this case, further support Defendant’s release under § 3142(i). Defendant has an upcoming bond review hearing on June 4, 2020 and an upcoming sentencing hearing on July 28, 2020. (ECF Nos. 75, 76.) Release is necessary in order
12

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to allow Defendant to adequately prepare and consult with defense counsel for these proceedings. See Stephens, 2020 WL 1295155 at *5 (holding that Defendant’s inability to communicate regularly and effectively with counsel in light of BOP’s visitation policies satisfied requirements for release under § 3142(i)).
The United States argues that release is improper here because it was unaware of any known COVID-19 cases at Saginaw County Jail. However, this argument fails to address the facts of the current global public health crisis—particularly as Michigan prisons are beginning to see exponential spread of the disease. See Burns, supra. The seemingly preemptive nature of Defendant’s release renders it no less necessary or compelling. To the contrary—as the above background makes clear— waiting for either Defendant to have a confirmed case of COVID-19, or for there to be a major outbreak in Defendant’s facility, would render meaningless this request for release. Such a failure to act could have devastating consequences for Defendant and would create serious medical and security challenges to the existing prison population and the wider community. CONCLUSION
13

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Defendant has set forth compelling reasons for his temporary release amidst this growing public health emergency. Accordingly, Defendant is immediately released pursuant to the conditions set forth in the bond documents, with the additional modification that Defendant is to self-quarantine for 14 days as discussed during the hearing.
The Court will revisit this Order in four months. IT IS SO ORDERED.

Dated: March 27, 2020 Ann Arbor, Michigan

s/Judith E. Levy JUDITH E. LEVY United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on March 27, 2020.
s/William Barkholz WILLIAM BARKHOLZ Case Manager

14

Case 2:20-cv-00496-CB-CRE Document 18-17 Filed 04/09/20 Page 1 of 3
Exhibit P

Case 8C:1a6s-ecr2-0:2000-7c6v-0JV04S96D-CoBcu-CmReEnt 1D0o6c1umFeilnetd1083-1/276/2F0iledPa0g4e/019/o2f02 PPaaggee2IDof #3:12118
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CRIMINAL MINUTES - GENERAL

Case No. SACR 16-76-JVS

Date March 26, 2020

Present: The Honorable JAMES V SELNA, U.S. DISTRICT COURT JUDGE

Interpreter None

Lisa Bredahl Deputy Clerk

Not Present Court Reporter/Recorder

Not Present Assistant U.S. Attorney

U.S.A. v. Defendant(s):
1. Gilbert “Gil” N. Michaels

Present Cust. Bond

Attorneys for Defendants: Present App. Ret.

Not X

1. Joel Levine / Paul Meyer Not

X

Proceedings: [IN CHAMBERS] Order on Renewed Applicaiton for Bail

Gilbert Michaels (“Michaels”) filed a renewed application for bail, as well as two supplements. (Docket Nos. 1056-58. (Docket No. .) The Government has responded (Docket No. 1059), and Michaels replied (Docket No. 160).

Gilbert is of an age and has medical conditions that place him in the group most susceptible to Covid-19.

Having considered the parties’ briefs, the Court finds that it has the authority to grant temporary release pursuant to18 U.S.C. § 3142 (i). The statute provides in part:

The judicial officer may, by subsequent order, permit the temporary release of the person, in the custody of a United States marshal or another appropriate person, to the extent that the judicial officer determines such release to be necessary for preparation of the person’s defense or for another compelling reason.

(Emphasis supplied.)

The Court takes into account the Covid-19 pandemic, and assesses Michaels’ medical condition in light thereof. Michaels has demonstrated that the Covid-19 virus and its effects in California constitute “another compelling reason.” See United States v. Stephens, United States District Court for the Southern District of New York, No. 5-cr-95, Mar. 19, 2020, pp. 2-3.

CR-11 (10/08)

CRIMINAL MINUTES - GENERAL

Page 1 of 2

Case 8C:1a6s-ecr2-0:2000-7c6v-0JV04S96D-CoBcu-CmReEnt 1D0o6c1umFeilnetd1083-1/276/2F0iledPa0g4e/029/o2f02 PPaaggee3IDof #3:12119
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CRIMINAL MINUTES - GENERAL
Michaels should confer with Government and present a proposed order addressing the following:
•Into to whose custody he would be released.
•GPS monitoring with permission to leave the approved residence only for medical reasons. Limitations on any ability to transfer funds or assets.
•Provisions for a substantial increase in the bond as discussed at the hearing on December 19, 2020. (Docket No. 1001, pp. 14-15.) At least one-half on any increase shall come from Michaels’ personal funds or assets.
•Incorporating the three conditions urged by the Government in its opposition. (Docket No 1059, pp. 6-7.)
The parties shall confer with the Probation Officer and state the Probation Officer’s views on the proposed order.
Upon presentation of an acceptable order, Michaels will be released temporarily for a period of ninety days. Michaels may apply to the Court for an extension no later than ten days before the expiration of the ninety days. Otherwise he is ordered to surrender to the United States Marshal’s office at 411 W. 4th Street, Second Floor, Santa Ana, CA 92701. The Court reserves right to revoke this order in light changed circumstances after notice to the parties.
The present ruling does not withdraw and in not in derogation of this Court’s, or in conflict with the Ninth Circuit’s, finding that Michaels is a flight risk, and that he did not rebut the presumption that he is a flight risk. United States v. Michaels, United States Circuit Court of Appeals for the Ninth Circuit, No. 19-50379, Jan. 14, 2020, p. 2.
Extraordinary circumstances may require relief not otherwise available. Such is the case here. 18 U.S.C. § 3142 (i).

cc:
CR-11 (10/08)

Initials of Deputy Clerk lmb
CRIMINAL MINUTES - GENERAL

:

0

Page 2 of 2

Case 2:20-cv-00496-CB-CRE Document 18-18 Filed 04/09/20 Page 1 of 20
Exhibit Q

Case 2:20-cv-00496-CB-CRE Document 18-18 Filed 04/09/20 Page 2 of 20

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES,

v. DAVID HARRIS,
Defendant.

Criminal Action No. 19-356

MEMORANDUM OPINION The Court previously entered an Order, Dkt. 35, granting Defendant’s emergency motion for release pending sentencing, Dkt. 28, and, in doing so, indicated that it would issue an opinion explaining the basis for its conclusions that (1) the safety valve from mandatory detention found in 18 U.S.C. § 3145(c) authorizes district court judges to grant relief in appropriate circumstances, and (2) the risks posed by the COVID-19 pandemic may at times, along with all of the other relevant circumstances presented in a particular case, satisfy the “exceptional reasons” standard.
I. BACKGROUND A. Procedural Background
On August 1, 2019, Defendant was charged with Distribution of Child Pornography in violation of 18 U.S.C. § 2252(a)(2), an offense that carries a five-year mandatory minimum term of incarceration. Dkt. 1; 18 U.S.C. § 2252(b)(1). He made his initial appearance on August 6, 2019, Minute Entry (Aug. 6, 2019), and, three days later, Magistrate Judge Harvey heard the Government’s motion for Harris to be detained pending trial pursuant to 18 U.S.C. § 3142. Dkt. 10 at 1.

Case 2:20-cv-00496-CB-CRE Document 18-18 Filed 04/09/20 Page 3 of 20
Magistrate Judge Harvey concluded that, because Harris was charged under 18 U.S.C. § 2252(a)(2) and because there was probable cause that he had committed the offense, the rebuttable presumption that he posed a flight risk and danger to the community, if released, applied in his case. Id. at 11. Magistrate Judge Harvey found, however, that Harris had offered sufficient evidence to rebut the presumption that he was a flight risk by demonstrating that he had ample family support and that, when he “learned there was a warrant for his arrest, he stayed in contact with law enforcement and surrendered himself a few days later.” Id. at 12. As to the dangerousness prong, however, Magistrate Judge Harvey concluded that Harris had not rebutted the presumption. Id. at 12–13. Although “a close case,” Magistrate Judge Harvey ordered Harris detained because of the seriousness of the charged offense and because Pretrial Services lacked the resources to monitor his use of electronic devices if released. Id. Harris later moved for reconsideration of the detention order, but Magistrate Judge Harvey denied that motion, again noting the seriousness of the charge and Pretrial Services’ inability to “monitor [Harris’s] use of computers, smart phones, or the internet.” Minute Order (Sept. 11, 2019).
On November 8, 2019, Harris pleaded guilty to one count of Distribution of Child Pornography in violation of 18 U.S.C. § 2252(a)(2), pursuant to a written plea agreement, and, because the parties did not seek any modification in the terms of his detention, the Court ordered that Harris remain detained pending his sentencing. Minute Entry (Nov. 8, 2019). On March 19, 2020, Harris filed an emergency motion for release from detention pending sentencing in light of the ongoing COVID-19 pandemic. Dkt. 28. The Government opposed that motion. Dkt. 29. B. COVID-19
“COVID-19 is a serious disease.” Dkt. 32-1 at 17 (Greifinger Decl. ¶ 4). Although COVID-19 is “characterized by a flu-like illness,” it is a far more deadly, with “5–35 times the
2

Case 2:20-cv-00496-CB-CRE Document 18-18 Filed 04/09/20 Page 4 of 20
fatality associated with influenza infections.” Id. at 12 (Beyrer Decl. ¶ 5). COVID-19 is “highly infectious,” with “each newly infected person . . . estimated to infect on average 3 additional persons”—“only the great influenza pandemic of 1918 (the Spanish Flu as it was then known) is thought to have higher infectivity.” Id. at 13 (Beyrer Decl. ¶ 10). At the moment, there “is no known cure or anti-viral treatment for COVID-19.” Dkt. 32-1 at 17 (Greifinger Decl. ¶ 4). Experts have urged that the only way to mitigate the spread of the disease is for people to use preventive strategies, including “scrupulous hand hygiene and social distancing.” Id. The Center for Disease Control and Prevention recommends keeping a distance of six feet from other people to minimize the possibility of infection, washing one’s hands often with soap and water, and using a hand sanitizer that contains at least 60% alcohol. How To Protect Yourself, CDC (Mar. 4, 2020), available at https://tinyurl.com/uep9p6h. Slowing the spread of the disease is “critical,” 15 Days to Slow the Spread, White House (2020), available at https://www.whitehouse.gov/wp-content/uploads/2020/03/03.16.20_coronavirusguidance_8.5x11_315PM.pdf, as a rapid spread can overwhelm local health infrastructure. COVID-19 causes prolonged serious illness, which can require “significant advanced support, including ventilator assistance for respiration and intensive care support.” Dkt. 32-1 at 21 (Stern Decl. ¶ 6).
COVID-19 has become a “global pandemic and has been termed a global health emergency by the [World Health Organization].” Dkt. 32-1 at 12 (Beyrer Decl. ¶ 3). On March 13, 2020, the President declared a national emergency, and, as of the date of this opinion, there have been at least 85,381 cases across the country and at least 1,271 virus-associated deaths. Coronavirus in the U.S.: Latest Map and Case Count, N.Y. Times, available at https://tinyurl.com/t9j9fdw (last accessed Mar. 27, 2020). Experts expect an explosion of new
3

Case 2:20-cv-00496-CB-CRE Document 18-18 Filed 04/09/20 Page 5 of 20
cases in the days ahead. Id. In Virginia, Maryland, and the District of Columbia, there have been 1,277 confirmed cases of COVID-19. Coronavirus in the DMV: What You Need to Know, Washington Post, available at https://tinyurl.com/txwj5gp (last accessed Mar. 27, 2020). In response to the pandemic, the Mayor of Washington, D.C. has declared a state of emergency and has ordered the closure of all nonessential businesses, in line with orders issued around the country. Id.
COVID-19 poses a unique and “serious risk to inmates and workers in detention facilities.” Dkt. 32-1 at 13 (Beyrer Decl. ¶ 11). “Facilities, including jails, prisons, and other closed settings” are “associated with high transmission probabilities for infectious diseases.” Id. “A number of features of these facilities can heighten risks for exposure, acquisition, transmission, and clinical complications of these infectious diseases.” Id. (Beyrer Decl. ¶ 14). “These include physical/mechanical risks such as overcrowding, population density in close confinement, insufficient ventilation, shared toilet, shower, and eating environments and limits on hygiene and personal protective equipment such as masks and gloves in some facilities.” Id. “Additionally, the high rate of turnover and population mixing of staff and detainees increases likelihoods of exposure.” Id. (Beyrer Decl. ¶ 15). “Infections that are transmitted through droplets,” like COVID-19, “are particularly difficult to control in detention facilities, as 6-foot distancing and proper decontamination of surfaces is virtually impossible.” Id. (Beyrer Decl. ¶ 13). It is perhaps for these reasons, that there have been “prison outbreaks of COVID-19 in multiple detention facilities in China.” Id. (Beyrer Decl. ¶ 15). Given these facts, some experts opine that “an outbreak of COVID-19 among the U.S. jail and prison population is likely.” Id. at 14 (Beyrer Decl. ¶ 19). To date, the D.C. Jail has reported only one case of COVID-19, D.C. Jail Inmate Tests Positive For Coronavirus, Washington Post (Mar. 26, 2020 6:26a.m. EST),
4

Case 2:20-cv-00496-CB-CRE Document 18-18 Filed 04/09/20 Page 6 of 20
available at https://www.washingtonpost.com/dc-md-va/2020/03/26/coronavirus-dc-marylandvirginia-updates/ (last accessed Mar. 26, 2020), but the risk of further infections seems likely.
II. ANALYSIS A. Statutory Authority
Although Harris originally premised his emergency motion on 18 U.S.C. § 3142, Dkt. 28 at 1, that provision applies only to a person seeking release pending trial. 18 U.S.C. § 3142(a). Release pending sentencing, as relevant here, is governed by 18 U.S.C. § 3143, which requires that a court detain a person found guilty of a violent felony pending sentencing, absent certain narrow exceptions. Id. § 3143(a). Harris does not dispute that the crime he pleaded guilty to, Distribution of Child Pornography in violation of 18 U.S.C. § 2252(a)(2), qualifies as a crime of violence and that, accordingly, he is subject to § 3143(a)(2)’s mandatory detention provision. See id.; 18 U.S.C. § 3156(a)(4) (defining a “crime of violence” to include any felony listed in chapter 110 of Title 18, which includes Harris’s offense). Nor does Harris dispute that he qualifies for neither of the narrow exceptions set out in § 3143(a)(2).1 Instead, he argues that the public health crisis created by COVID-19 constitutes an “exceptional reason[]” that, when balanced against the minimal risk that he poses to the community, justifies his release pending sentencing under 18 U.S.C. § 3145(c). Dkt. 31 at 1. The Government counters that the Court lacks authority to release Harris under that provision because, in the Government’s view, the
1 As the Government observes, because Harris has pleaded guilty, “there is no substantial likelihood that a motion for acquittal or a new trial” will be granted, and “because the offense of distribution of child pornography carries a mandatory minimum term of incarceration and the government has not moved for a downward departure, the government will not and cannot recommend that no sentence of imprisonment be imposed.” Dkt. 29 at 3; 18 U.S.C. 3143(a)(2)(A)(i) & (ii).
5

Case 2:20-cv-00496-CB-CRE Document 18-18 Filed 04/09/20 Page 7 of 20
exceptional-reasons clause applies only to release determinations made by the courts of appeals. See Mar. 23, 2020 Hrg. Tr. (Rough at 18–19).
The Court begins, as it must, with the statutory text. See BP Am. Prod. Co. v. Burton, 549 U.S. 84, 91 (2006). Section 3145(c) provides:
(c) Appeal from a release or detention order.— An appeal from a release or detention order, or from a decision denying revocation or amendment of such an order, is governed by the provisions of section 1291 of title 28 and section 3731 of this title. The appeal shall be determined promptly. A person subject to detention pursuant to section 3143(a)(2) or (b)(2), and who meets the conditions of release set forth in section 3143(a)(1) or (b)(1), may be ordered released, under appropriate conditions, by the judicial officer, if it is clearly shown that there are exceptional reasons why such person’s detention would not be appropriate. 18 U.S.C. § 3145(c). The relevant question is the whether the phrase “the judicial officer,” as used in the § 3145(c), includes the district court judge presiding over the defendant’s case. The statute defines the phrase “judicial officer,” “unless otherwise indicated,” to mean “any person or court authorized . . . to detain or release a person before trial or sentencing or pending appeal in a court of the United States.” 18 U.S.C. § 3156(a)(1). A district court judge falls within that definition. See 18 U.S.C. § 3041 (“For any offense against the United States, the offender may, by any justice or judge of the United States . . . be arrested and imprisoned or released[.]” (emphasis added)). No one doubts, for example, that the phrase “judicial officer,” as used a dozen times in 18 U.S.C. § 3143(a) & (b), includes district court judges. Thus, unless § 3145(c) indicates “otherwise,” the Court may exercise authority under the exceptional-reasons clause. The Court, like every court of appeals that has addressed the question, concludes that it may exercise such authority. The Government argues that, because § 3145(c) is entitled “Appeal from a release or detention order” and because its first sentence concerns the jurisdiction of courts of appeals, see
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§ 3145(c) (discussing 28 U.S.C. § 1291, which grants the courts of appeals jurisdiction over appeals from final decisions of the district courts), the term “judicial officer” encompasses only federal appellate judges. Mar. 23, 2020 Hrg. Tr. (Rough at 18–19). The Court is unpersuaded for several reasons.
To begin, Congress could easily have limited the reach of § 3145(c) to a “judicial officer” of a court of appeals, if that is what it had intended. Section 3141(b), the provision generally authorizing district courts and courts of appeals to detain or release a person pending sentencing, for example, provides that a “judicial officer of a court of original jurisdiction over an offense, or a judicial officer of a Federal appellate court, shall order that, pending imposition or execution of sentence, or pending appeal of conviction or sentence, a person be released or detained under [chapter 207].” 18 U.S.C. § 3141(b). Congress did not limit § 3145(c) to “a judicial officer of a Federal appellate court,” and it is not the Court’s role to add that qualifier in Congress’s stead. See Omni Capital Int’l v. Rudolf Wolff & Co., 484 U.S. 97, 106 (1987) (observing that when Congress knows how to provide a specific outcome but does not, its failure is evidence that the omission was intentional). As a Department of Justice memorandum explained shortly after the exception was enacted, “[d]espite the fact that the provision authorizing release . . . is contained in a section . . . dealing with appeals from release and detention orders . . . , the provision pertains by its terms to any ‘judicial officer’, which is broadly defined” in the statute to include district court judges. James Reynolds, Acting Chief, General Litigation and Legal Advice Section of the Criminal Division, Executive Office of the United States Attorneys, “Mandatory Detention” Provisions of the Crime Control Act of 1990 (emphasis in original), republished in App’x C, 39 U.S. Attorneys’ Bulletin (May 15, 1991).
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The Government is correct that the much of the structure and language of § 3145(c) focus on appeals of detention and release orders, but that does not mean—as the Government contends—that “judicial officer” must be construed to mean an appellate judge. Just as important as the placement of the exceptional-reasons clause in § 3145(c) are the references to § 3143(a) and § 3145(b) in the operative sentence. That sentence provides that if “[a] person” is “subject to detention pursuant to” either § 3145(a)(2) or § 3145(b)(2), the “judicial officer” may order his release, if the person satisfies the appropriate conditions. Thus, taking § 3143(a)(2) by way of example, the structure of the exceptional-reasons clause is as follows: if a person is “found guilty” of a violent felony and “is awaiting imposition or execution of sentence,” “[t]he judicial officer shall order” that the person “be detained,” 18 U.S.C. § 3143(a)(2), except the person “may be ordered released, under appropriate conditions, by “the judicial officer,” if it is “clearly shown that there are exceptional reasons why such person’s detention would not be appropriate,” id. § 3145(c), and if the person “meets the conditions of release set forth in section 3143(a)(1) or (b)(1),” id. The fact that Congress used the definite article, referring to “the” judicial officer, is difficult to reconcile with the Government’s contention that the same judicial officer who made the original detention decision is precluded by the statutory text from exercising authority under the exceptional-reasons clause.
Nor is the Court persuaded that the statutory reference to “[a] person subject to detention pursuant to section 3143(a)(2) or (b)(2)” means that the exceptional-reasons clause applies only after a district court has issued a detention order, which is then subject to appeal. 18 U.S.C. § 3145(c). Read in context, the phrase “subject to” does not mean “someone already ‘subjected’ to mandatory detention,” see United States v. Williams, 903 F. Supp. 2d 292, 300 (M.D. Pa. 2012); it means “affected by or possibly affected by,” Subject To, Merriam-Webster.com,
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available at https://www.merriam-webster.com/dictionary/subject%20to (last accessed Mar. 26, 2020) (emphasis added). As the court observed in Williams, the use of the passive voice in the third sentence of § 3145(c) (“subject to”) contrasts with the use of the active voice in § 3145(a) and (b) (“[i]f a person is ordered detained”). 903 F. Supp. 2d at 300. Accordingly, “the syntax of the statutory language also supports the [C]ourt’s conclusion that the third sentence of § 3145(c) contemplates something more than appellate review of detention orders.” Id.
The overwhelming majority of the judicial decisions interpreting § 3145(c) also runs counter to the Government’s position. Although the D.C. Circuit has yet to weigh in, every court of appeals that has addressed the question has held that a district court judge may order a person released pursuant to 18 U.S.C. § 3145(c). See, e.g., United States v. Meister, 744 F.3d 1236, 1239 (11th Cir. 2013); United States v. Goforth, 546 F.3d 712, 715 (4th Cir. 2008); United States v. Cook, 42 F. App’x 803, 804 (6th Cir. 2002); United States v. Herrera-Soto, 961 F.2d 645, 647 (7th Cir. 1992); United States v. Jones, 979 F.2d 804, 806 (10th Cir. 1992); United States v. Carr, 947 F.2d 1239, 1240 (5th Cir. 1991); see also United States v. Garcia, 340 F.3d 1013, 1022 (9th Cir. 2003) (remanding to the district court with instructions on what factors to consider in determining whether “exceptional reasons” exist under § 3145(c)); United States v. Lea, 360 F.3d 401, 403 (2d Cir. 2004) (reversing a district court’s holding that “exceptional reasons” existed because the situation was not out of the ordinary).
A minority of district courts, to be sure, have held otherwise. In United States v. Chen, 257 F. Supp. 2d 656, 660 (S.D.N.Y. 2003), for example, the district court held that the “structure, language, and placement of section 1345(c) all favor the view that a district court is not invested with the power to reach ‘exceptional reasons.’” The Court is unpersuaded on each of these counts. First, the Chen court stressed that § 3145(a) and § 3145(b) use the word “review” in
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their titles, while § 3145(c) uses the word “appeal” in its title. Id. But courts typically place “less weight” on the title of a section heading because they are “‘but a short-hand reference to the general subject matter’ of the provision,” and “‘not meant to take the place of the detailed provisions of the text.’” Lawson v. FMR LLC, 571 U.S. 429, 446 (2014) (quoting Trainmen v. Baltimore & Ohio R. Co., 331 U.S. 519, 528 (1947)). Where the plain language matters most is in the text of the third sentence of § 3145(c) and, there, Congress made no mention of appeals and, more importantly, granted the relevant authority to “the judicial officer”—a phrase that includes district court judges. 18 U.S.C.§ 3145(c). Second, the Chen court puzzled over why Congress placed the exceptional-reasons clause in a portion of the statute dealing with review and appeals and not in § 3143 itself. Chen, 257 F. Supp. 2d at 661. That is a fair question, but not enough to overcome the plain language of the statute. Finally, the Chen court relied on the fact that the Federal Rules of Criminal Procedure refer only to § 3143 in discussing “release pending sentencing or appeal,” Fed. R. Crim. P. 46(c), while the Federal Rules of Appellate Procedure refer to §§ 3142, 3143, and 3145(c), in discussing appellate review of release or detention decisions, Fed. R. App. Pro. 9(c). But that argument proves too much, since the Federal Rules of Criminal Procedure do not refer to any portion of § 3145, and §§ 3145(a) and (b) indisputably authorize district court judges to detain or release criminal defendants, as appropriate.
The Court, accordingly, concludes that 18 U.S.C. § 3145(c) authorizes district court judges to grant relief in appropriate circumstances.
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B. Exceptional Reasons The second question of statutory interpretation posed by Harris’s motion is whether a
widespread threat, like COIVD-19, can, along with all of the other relevant circumstances presented in a particular case, satisfy the “exceptional reasons” standard. In this respect, the Government (sensibly) does not dispute that COVID-19 constitutes “exceptional” circumstances—at least in a “broad sense.” Mar. 23, 2020 Hrg. Tr. (Rough at 24). Rather, it argues that the pandemic does not constitute an exceptional reason to release a particular person, unless that person is somehow uniquely affected by the health crisis. Id. In other words, an exceptional reason “depends on the particularized risk as posed to this defendant based on his individual condition.” Id. (Rough at 26). The Government, accordingly, urges the Court to wait and see if conditions at the prison change and to wait to assess whether Harris faces some acute risk. See id. (Rough at 26).
Since the Government urged the Court to wait and see, at least one person at the D.C. jail has tested positive for the virus. The Government is nonetheless right that we do not know with any certainty whether Harris will contract the virus if he remains at the D.C. Jail, and, if he does, we do not know whether he will suffer from any severe symptoms. But uncertainty is endemic in the present circumstances, and that uncertainty cannot preclude courts from acting until the damage has been done. The prevailing uncertainty, instead, is one of the many factors courts must consider in deciding whether the person has “clearly shown that there are exceptional reasons why such person’s detention would not be appropriate.” 18 U.S.C. § 3145(c). “Appropriate” means “suitable or proper in the circumstances” and connotes a sense of practical decency. Appropriate, Oxford English Dictionary Online, (March 2020), available atwww.oed.com/view/Entry/9870 (last accessed March 26, 2020). “[E]xceptional,” in turn,
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“means clearly out of the ordinary, uncommon, or rare.” United States v. Hosier, 617 Fed. App’x. 910, 913 (10th Cir. 2015) (quoting United States v. Little, 485 F.3d 1210, 1211 (8th Cir. 2007) (alteration in original)). A “wide range of factors may bear upon the [§ 3145(c)] analysis,” and a district court has “broad discretion . . . to consider all the particular circumstances of the case before it and [to] draw upon its broad ‘experience with the mainsprings of human conduct.’” Garcia, 340 F.3d at 1018 (quoting Mozes v. Mozes, 239 F.3d 1067, 1073 (9th Cir. 2001)).
The Court’s conclusion that the exceptional-reason clause does not demand certainty does not mean that any risk is sufficient. Rather, courts must weigh the relevant risk to the person detained, the community at large, and all other relevant circumstances in deciding whether the exceptional-reasons safety valve to the mandatory detention rules is available. And, even when a court concludes that it is available, the Court must still determine whether there is clear and convincing evidence that the person is not a risk of flight and will not pose a danger to the community. Only when all three conditions are “clearly” satisfied should a court release someone pending sentencing, and, even then, it should do so only on conditions that will protect the community.
Finally, the Court stresses that each case must be evaluated on its one terms, and each case requires consideration of the all of the relevant circumstances. The exceptional-reasons analysis is flexible and permits courts to respond to real-world circumstances in a pragmatic and common-sense manner. The presence of COVID-19 is one such circumstance, but it is not the only one. Here, on the particular facts of this case, where the decision to hold Harris pending trial was a “close case” even before the pandemic developed, and where Harris will be released into the custody of his father under strict conditions and will have no access to the internet, see attachments A and B, the Court is convinced that his release is “appropriate.
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CONCLUSION For the foregoing reasons, the Court has GRANTED Defendant’s motion, Dkt. 28.

Date: March 27, 2020

/s/ Randolph D. Moss RANDOLPH D. MOSS United States District Judge

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ATTACHMENT A

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES,

v. DAVID HARRIS,
Defendant.

Criminal Action No. 19-356

CONDITIONS OF RELEASE Defendant shall abide by the following conditions of release:
1. Harris shall be released to the custody and shall be confined to the home of his father, Mr. David Farmer, at 4711 Deanwood Dr. Capitol Heights, MD 20743, with the exception of legal meetings, emergency medical visits or with the prior permission of his Pretrial Services Agency supervision officer.
2. Harris shall maintain his residence at the address above and may not change his residence without prior notification to, and approval of, the Court or the Pretrial Services Agency.
3. Harris shall report to 633 Indiana Avenue, NW, 9th Floor, in Washington, D.C. on the day he is released – or on the next business day after his release if he is released after 4:00 p.m. – for the installation of the ankle bracelet, and he must follow the instructions he receives there concerning orientation. He must report immediately after that to the Pretrial Services Agency for the United States District Court at 333 Constitution Avenue, NW, Office 2507 in Washington, D.C., and he must sign the orientation contract.
4. Harris shall follow all of the rules, regulations, and requirements of the Program listed in the orientation contract, which is incorporated herein by reference. He must maintain
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reporting requirements as directed by the Pretrial Services Agency, abide by an electronically-monitored curfew, participate in all drug testing / drug program requirements, and abide by all other conditions imposed by the Court and as directed by Pretrial Services Agency. Any other violation of his program requirements will subject him, at a minimum, to administrative sanctions. 5. Harris shall be supervised by a type of electronic monitoring device to be determined by Pretrial Services Agency. He is required to properly maintain and charge the monitoring device each day. Any attempt to tamper with or mask the device’s monitoring capability may result in removal from the program and/or additional criminal charges 6. Harris shall not access the internet or make use of any internet-capable device, this includes any smartphone, computer, laptop, or video game console or any other device which would enable Harris to contact or share data with any other individual. 7. Harris shall refrain from having any contact with minors under the age of 18. 8. Harris shall participate in mental health treatment as directed by Pretrial Services. 9. Harris shall not possess any firearm, destructive device or other dangerous weapon. 10. Mr. Farmer shall have in his residence only one computer and one smartphone. 11. Mr. Farmer shall keep the computer in a locked area and to otherwise ensure that Harris cannot independently access the computer. Photos of the lock on the door and the supplemental padlock that Mr. Farmer has installed for the door to Mr. Farmer’s office is attached, Exhibit B. 12. Mr. Farmer shall place his smartphone in a locked and secured area that Harris cannot access or on his person unless the phone is in Mr. Farmer's actual possession.
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13. Every four business days but at least once per week, Mr. Farmer shall submit to Harris’s counsel a declaration, a copy of which is attached as Exhibit A.
14. Defense counsel shall inspect Mr. Farmer’s residence to ensure that Mr. Farmer’s computer is secured in the locked office and that Harris will have no access to the internet. The Court is to be notified of any violations of this Order.

Date: March 27, 2020

/s/ Randolph D. Moss RANDOLPH D. MOSS United States District Judge

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ATTACHMENT B

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

UNITED STATES,

v. DAVID HARRIS,
Defendant.

Criminal Action No. 19-356

DECLARATION OF MR. DAVID FARMER
Under 28 U.S.C. §1746, I, Mr. David Farmer, state the following:
1. I am the third-party custodian for Mr. David Harris. By order of the Court, Mr. Harris is confined to my home at 4711 Deanwood Dr. Capitol Heights, MD 20743.
2. From the period of ________, 2020 to _______, 2020, all electronic devices within my house have been either in my actual possession or under lock and key.
3. I attest that David Harris has not accessed any electronic devices with any internet capability in my home during that period of time.
4. I attest that if Mr. Harris does access or attempt to access any electronic devices with internet capability while he is in custody, or violate any other conditions of release, I will immediately report this information to the Pretrial Services Agency at 202 442-1000.
I so declare, under penalty of perjury, that the foregoing is true and correct.
Executed on: _______________, 2020

_________________________ Mr. David Farmer

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Exhibit R

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UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND

MAURICIO COREAS and ANGEL GUZMAN CEDILLO,
Petitioners,
v.
DONNA BOUNDS, in her official capacity as Warden, Worcester County Detention Center, JACK KAVANAUGH, in his official capacity as Director, Howard County Detention Center, JANEAN OHIN, in her official capacity as Acting Baltimore Field Office Director, U.S. Immigration and Customs Enforcement, MATTHEW T. ALBENCE, in his official capacity as Deputy Director and Senior Official performing the duties of the Director of the U.S. Immigration and Customs Enforcement, and IMMIGRATION AND CUSTOMS ENFORCEMENT,
Respondents.

Civil Action No. TDC-20-0780

MEMORANDUM OPINION Petitioners Mauricio Coreas and Angel Guzman Cedillo (“Guzman Cedillo”), currently in immigration detention, have filed this action pursuant to 28 U.S.C. § 2241 against Respondents Donna Bounds, Warden of the Worcester County Detention Center in Snow Hill, Maryland; Jack Kavanaugh, Director of the Howard County Detention Center in Jessup, Maryland; Janean Ohin, the Acting Baltimore Field Office Director for United States Immigration and Customs

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Enforcement (“ICE”); Matthew T. Albence, Deputy Director and Senior Official performing the duties of the Director of ICE; and ICE. Pending before the Court is Petitioners’ Motion for a Temporary Restraining Order (“TRO”), seeking their immediate release in response to the COVID-19 pandemic. The Motion is fully briefed, and the Court held a video hearing on the Motion on April 2, 2020. For the reasons set forth below, the Motion will be DENIED WITHOUT PREJUDICE.
BACKGROUND I. The COVID-19 Pandemic
The virus identified as SARS-CoV-2, commonly referred to as the novel coronavirus (“the Coronavirus”), has caused a global pandemic of the condition known as COVID-19. As of April 3, 2020, there were 932,166 confirmed cases and 46,764 deaths worldwide. Coronavirus Disease (COVID-19) Pandemic, World Health Org., https://www.who.int/emergencies/diseases/novelcoronavirus-2019. As of April 2, 2020, there were 213,144 confirmed cases and 4,513 deaths in the United States. Cases in U.S., Ctrs. for Disease Control and Prevention, https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html. The Centers for Disease Control and Prevention (“CDC”) has projected that, without effective public health intervention, about 200 million people in the United States may contract the disease, and, under some projections, as many as 1.5 million people in the United States may die from the disease. Another organization’s projection puts the potential number of American fatalities at 2.2 million. Moreover, some evidence suggests that, even when not fatal, COVID-19 results in long-term, serious illnesses, which may include severe damage to internal organs, in about 16 percent of cases.
COVID-19 poses special risks for the elderly and those with certain preexisting medical conditions. Amici Curiae Public Health and Human Rights Experts Br. at 6-7, ECF No. 32. The
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CDC has identified several medical conditions that place an individual at an increased risk of serious COVID-19 complications: “blood disorders, chronic kidney or liver disease, compromised immune system, endocrine disorders, including diabetes, metabolic disorders, heart and lung disease, neurological[,] neurologic and neurodevelopmental conditions, and current or recent pregnancy.” Greifinger Decl. ¶ 7, Reply Mot. TRO (“Reply”) Ex. 6, ECF No. 52-6. Of those who have died from COVID-19 in Italy, another country experiencing a high number of COVID-19 cases, about three-fourths had high blood pressure, one-third had diabetes, and one-third had heart disease. According to Dr. Jonathan Louis Golob, an Assistant Professor at the University of Michigan School of Medicine, there is evidence that in the highest risk populations, COVID-19 causes death in about 15 percent of cases. Preliminary data from China has shown that 20 percent of COVID-19 cases involving high-risk categories have resulted in death.
There is no vaccine, antiviral treatment, or cure for COVID-19. The Coronavirus is believed to spread through “droplets” that can be transmitted during close interpersonal contact, though these droplets can also survive on surfaces for days and spread the disease even absent such close contact. Id. ¶ 21. There is some evidence that individuals with the Coronavirus can transmit it to others even when they are not yet symptomatic. Public health measures aiming to stop the spread of the virus—most notably the practice of social distancing—have been widespread: “[s]chools, courts, collegiate and professional sports, theater and other congregate settings have been closed,” id. ¶ 8, and many states have issued mandatory social distancing polices. The Governor of Maryland issued a stay-at-home order on March 30, 2020. See Order of the Governor of the State of Maryland § II, No. 20-03-30-01 (Mar. 30, 2020), https://governor.maryland.gov/wpcontent/uploads/2020/03/Gatherings-FOURTH-AMENDED-3.30.20.pdf. As of April 2, 2020, 40 states and the District of Columbia had issued stay-at-home or shelter-in-place orders. See These
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States Have Implemented Stay-at-Home Orders, CNN (Apr. 2, 2020), https://www.cnn.com/2020/03/23/us/coronavirus-which-states-stay-at-home-ordertrnd/index.html.
Prisons, jails, and detention centers are especially vulnerable to outbreaks of COVID-19. First, even if these facilities suspend in-person visitation, the staff, contractors, and vendors working at the facilities can still introduce the Coronavirus into the facility, a risk that is all the more difficult to contain because asymptomatic individuals can transmit the virus and because these facilities lack the capacity to screen for the virus in asymptomatic individuals. According to Petitioners’ expert, Dr. Robert B. Greifinger, an expert on prison and jail health care and the former manager of medical care for the New York State prison system, “[j]ails and detention centers are congregate environments where the risk of infection and infectious spread are extraordinarily high.” Greifinger Decl. ¶¶ 1-2, 16. Indeed, there have already been confirmed outbreaks of COVID-19 at several prisons and detention facilities across the United States, including the Rikers Island detention facility in New York City, the Cook County Jail in Chicago, Illinois, and the federal prison in Oakdale, Louisiana, as well as certain New Jersey jails housing ICE detainees. In this region, COVID-19 has been identified in the Clifton T. Perkins Hospital Center, a psychiatric hospital in Jessup, Maryland; and the D.C. Jail in Washington, D.C.
Second, once the Coronavirus is introduced into a detention facility, the nature of these facilities makes the mitigation measures introduced elsewhere in the country difficult or impossible to implement. Detention facilities often lack personal protective equipment that helps prevent the transmission of the virus. Shared facilities, such as bathrooms, dining halls, and telephones, are often not disinfected between uses. Poor ventilation increases the risk of transmission. Detained individuals are often not given the opportunity or tools to wash or sanitize
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their hands frequently. And the crowded nature of the facilities can make social distancing recommended by the CDC impossible.
The ICE Health Service Corps, which oversees medical care at ICE detention facilities, has issued new guidelines for addressing the COVID-19 pandemic. See Interim Reference Sheet on 2019-Novel Coronavirus (COVID-19), ICE Health Service Corps, Mar. 6, 2020, https://www.aila.org/infonet/ice-interim-reference-sheet-coronavirus. The guidelines set out screening procedures that include questioning incoming detainees about travel and potential contact with individuals with COVID-19 and establish some protocols for isolating and monitoring detainees with COVID-19. However, the guidelines do not advise on how and when to test individuals for COVID-19 or to plan for surges once the illness spreads. They also do not include guidance on how to identify detainees at high risk due to health conditions or how to provide special protection for high-risk detainees.
Some courts have granted motions to release high-risk individuals from ICE detention on constitutional grounds. For example, in New York, a federal judge ordered that ten detainees who face a high risk of complications from COVID-19 be released from New Jersey immigration detention facilities in which the Coronavirus was confirmed to be present. See Basank v. Decker, 20-cv-2518, 2020 WL 1481503, at *7 (S.D.N.Y. Mar. 26, 2020). Several other federal courts have also ordered ICE detainees released on the grounds that their continued detention under the threat of the Coronavirus violates the Constitution. See, e.g., Thakker v. Doll, 20-cv-00480, Doc. No. 47 (E.D. Pa. Mar. 31, 2020); Castillo v. Barr, No. 20-cv-0605, 2020 WL 1502864, at *6 (C.D. Cal. Mar. 27, 2020); Coronel v. Decker, No. 20-cv-2472, 2020 WL 1487274, at *10 (S.D.N.Y. Mar. 27, 2020). Other courts have declined to release immigration detainees on this basis. See Sacal-
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Micha v. Longoria, No. 20-cv-0037, 2020 WL 1518861, at *6 (S.D. Tex. Mar. 27, 2020); Dawson v. Asher, No. C20-0409JLR-MAT, 2020 WL 1304557, at *1 (W.D. Wash. Mar. 19, 2020). II. Detention of Petitioners
Petitioners are both detained by ICE in Maryland, and both have underlying medical conditions that place them at increased risk of serious complications or even death from COVID19. According to Dr. Greifinger, based on reviewing the conditions in their respective facilities, “ICE has failed to adequately comprehend and respond to the COVID-19 pandemic for those detained in ICE custody, including at Worcester and Howard County Detention Centers.” Greifinger Decl. ¶ 17.
A. Mauricio Coreas Petitioner Mauricio Coreas, a native of El Salvador, is a construction worker who has three daughters in the United States, including one who is a lawful permanent resident as a result of a successful asylum application. Coreas is seeking relief from deportation on asylum grounds and is currently detained by ICE at the Howard County Detention Center (“HCDC”). He is 52 years old and suffers from severe Type 2 diabetes. This medical condition puts him “at high risk for complications from COVID-19 should [he] be exposed to the virus in detention.” Id. ¶ 31. Coreas was convicted in 2007 in Virginia state court of burglary, arson, and related crimes, deported after serving his sentence, then convicted in 2016 in this Court of illegal reentry after deportation, 8 U.S.C. § 1326 (2018). In 2020, Coreas was convicted of a violation of supervised release on his illegal reentry conviction and sentenced to time served of approximately seven months of imprisonment. He was taken into ICE custody on January 15, 2020 following completion of that sentence. He is scheduled to have an immigration hearing on April 16, 2020.
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At HCDC, low security level detainees are housed in dormitories, large rooms with 32 beds, while higher-level detainees are housed in cells that they share with other detainees. Detainees spend approximately 11 hours per day in communal spaces in which they are placed into close contact with other detainees. As of the filing of this case, these communal spaces, which include dining and restroom facilities, were not disinfected regularly. Detainees come into contact with detainees from other dormitories and parts of HCDC in shared spaces such as the chapel, law library, and medical unit, and with detention staff who regularly move to and from different parts of the facility and in and out of the facility. The medical unit and commissary are shared with individuals who are under pretrial detention in criminal cases. Coreas must visit the shared medical unit twice a day to have his blood sugar level checked. As of March 27, 2020, HCDC had space for approximately 100 immigration detainees and was housing 60 such detainees.
Since March 13, 2020, all programs within HCDC, such as chapel services and group presentations, have been suspended. However, according to Petitioners, certain group activities, such as bible study and recreational games, are ongoing at HCDC. Beginning on March 26, 2020, two days after this lawsuit was initiated, HCDC suspended all visits except for attorney visits through non-contact visiting booths; has begun to take the temperature of everyone entering the facility and is denying access to those with temperatures above 100.4 degrees; has issued cleaning kits to allow detainees to clean their cells and bunks; has begun assigning officers to the same housing posts for 14 days to make contact tracking easier; approved emergency staffing plans for each shift; and developed quarantine procedures. Any new detainees were screened for fever, respiratory illness, travel history, and past contact with persons who had contracted COVID-19. HCDC also now provides disinfectant, hand sanitizer, soap, and masks to housing units. However, Coreas has asserted that detainees are given only one bar of soap every two weeks to use for both
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bathing and washing their hands; once that soap runs out, detainees must purchase their own soap, if they have the funds to do so. Soap is often unavailable in the bathrooms. Finally, Coreas has stated that the cleaning procedures in the detention facility have not changed since the beginning of the pandemic.
As of March 27, 2020, Respondents report that HCDC had no confirmed and no suspected cases of COVID-19. However, as acknowledged by Respondents during the hearing on the Motion, HCDC has conducted no tests for COVID-19, has no test kits, and has no plans to conduct testing. Meanwhile, Coreas has observed that “[m]any people are coughing and sneezing” at HCDC. Coreas Decl. ¶ 9, Reply Ex. 2, ECF No. 52-2. In fact, Petitioners identify at least three detainees at HCDC who have been exhibiting symptoms consistent with COVID-19 but who have been neither treated nor tested for the Coronavirus. Moreover, Coreas reports that HCDC has not given detainees any information about the Coronavirus, and that they receive their information instead from the news.
B. Angel Guzman Cedillo Petitioner Angel Guzman Cedillo, a native of Guatemala, is a construction worker with two sons who live in the United States. As he awaits a hearing at which he will seek relief from deportation based on asylum grounds, Guzman Cedillo is detained at Worcester County Detention Center (“WCDC”). He is 54 years old and has hypertension, prostate problems, and a history of traumatic injuries that have limited his cognitive abilities. As with Coreas, these medical conditions put him “at high risk for complications from COVID-19 should [he] be exposed to the virus in detention.” Greifinger Decl. ¶ 31. In 2010, Guzman Cedillo was convicted of aggravated assault in Georgia, sentenced to six months of imprisonment, and removed to Guatemala. In 2019, he was convicted in this Court of illegal reentry after deportation and sentenced to time served of
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approximately eight months of imprisonment. He was taken into ICE custody after completion of his sentence on November 14, 2019. He is scheduled to have an immigration hearing on April 17, 2020.
WCDC generally houses immigration detainees in shared cells with two detainees per cell. At this time, Guzman Cedillo is not currently sharing a cell. As at HCDC, detainees at WCDC spend about half the day in common areas that are not regularly disinfected, come into contact with each other in several shared spaces, and are frequently moved between units by officers. Immigration detainees use the same recreation area as the criminal pretrial detainees, but at different times. Detainees in criminal custody bring meals to those in immigration detention, and the two sets of detainees share one commissary and one barber shop. WCDC’s medical facilities are also used by both sets of detainees. Moreover, those in criminal detention clean the facility’s common areas. During a shift, WCDC personnel work either in the immigration detainee or the criminal pretrial detainee unit, except for Medical Unit, Processing Area, and Women’s Section staff who interact with both categories of detainees. Over time, however, WCDC personnel may rotate units depending on their shift assignment. As of March 27, 2020, WCDC had capacity for over 200 immigration detainees but was housing only 90 such detainees.
Since the emergence of the COVID-19 pandemic and the filing of this lawsuit, WCDC has taken certain steps to address the threat of the Coronavirus. Since March 20, 2020, there have been no ICE detainees transferred into WCDC. Although there are new criminal pretrial detainees entering WCDC, Respondents report that “[t]he facility screens all newly arriving inmates for potential exposure.” Brown Decl. ¶ 25, Opp’n Mot. TRO (“Opp’n”) Ex. 1, ECF No. 39-1. Inperson visits at WCDC have been stopped, save for visits from attorneys, who are screened before entering the building. WCDC also screens and takes the temperatures of all staff who enter the
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facility. WCDC “has extra cleaning practices for the facility and housing units, which includes the installation of soap dispensers and hand air dryers in housing unit dayrooms, a common area within the housing unit.” Id. ¶ 25. However, the shared showers are not disinfected between uses. Finally, WCDC has identified housing units to be used to quarantine patients who have or are suspected of having COVID-19.
Although Petitioners have alleged that WCDC is under quarantine, Respondents have asserted that such reports related to an ICE administrative facility in Salisbury, Maryland. Rather, Respondents have attested to the fact that as of March 27, 2020, WCDC has had no suspected or confirmed cases of COVID-19. As with HCDC, however, it also has no testing capability and no plans to conduct tests for COVID-19.
DISCUSSION On March 24, 2020, Petitioners filed their Petition for a Writ of Habeas Corpus and a Complaint for Declaratory and Injunctive Relief, along with a Motion for Temporary Restraining Order seeking their release from ICE detention. In the Motion, they assert that they are likely to succeed on the merits of their claim that their ongoing detention violates their due process rights under the Fifth Amendment to the United States Constitution, and that because of their health conditions that make them especially vulnerable to COVID-19, a TRO or preliminary injunction ordering their immediate release is necessary to avoid irreparable harm. I. Standing As a threshold issue, Respondents assert that Petitioners lack standing to assert their claims. One “essential aspect” of the limitations that Article III of the Constitution imposes on federal courts is the requirement “that any person invoking the power of a federal court must demonstrate standing to do so.” Hollingsworth v. Perry, 570 U.S. 693, 704 (2013). “To establish Article III
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standing, a plaintiff must show (1) an injury in fact, (2) a sufficient causal connection between the injury and the conduct complained of, and (3) a likel[ihood] that the injury will be redressed by a favorable decision.” Susan B. Anthony List v. Driehaus, 573 U.S. 149, 157-58 (2014) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992)). Respondents argue that Petitioners have failed to establish the first and third of these requirements.
A. Injury-in-Fact Petitioners do not allege that they have already contracted COVID-19, meaning that the injury they seek to redress is a future one. However, an injury can satisfy Article III’s requirements so long as it is “imminent, not conjectural or hypothetical.” Id. at 158 (citation omitted). Nevertheless, Respondents claim that Petitioners fail to meet this standard because their alleged injury is “conjectural and not imminent,” as there are no confirmed cases of COVID-19 in their detention facilities. Opp’n at 8. The Court disagrees. The imminence requirement is met when “the threatened injury is certainly impending, or there is a substantial risk that the harm will occur.” Susan B. Anthony List, 573 U.S. at 158. Here, Petitioners, who have the burden to establish standing, id., have offered evidence from a medical expert that “detention centers are congregate environments where the risk of infection and infectious spread are extraordinarily high,” and that Respondents have failed to implement effective measures to decrease the risk of COVID-19 reaching the facility and Petitioners. Greifinger Decl. ¶ 16. The imminence of the injury facing Petitioners is accentuated by the growing number of COVID-19 cases in detention facilities and the widespread havoc the virus can wreak once inside these facilities. As of April 1, 2020, ICE had reported four cases among its detainees and five cases among personnel working at ICE detention facilities. There have also been three reported cases in Maryland prisons, while there have been hundreds of cases
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in prisons and jails outside the state. In these circumstances, the Court has no trouble concluding that the injury Petitioners allege is sufficiently imminent to confer standing.
B. Redressability In addition to showing an injury-in-fact, Petitioners “must show that ‘it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.” Sierra Club v. U.S. Dep’t of the Interior, 899 F.3d 260, 284 (4th Cir. 2018) (quoting Laidlaw Envtl. Servs., 528 U.S. 167, 181 (2000)). “The burden imposed by this requirement is not onerous.” Deal v. Mercer Cty. Bd. of Educ., 911 F.3d 183, 189 (4th Cir. 2018). “[P]laintiffs need only show that they personally would benefit in a tangible way from the court’s intervention.” Id. (citation omitted). Respondents argue that Petitioners have not met this low burden because they “do not explain how release from HCDC or WCDC—two facilities without a single confirmed case of COVID-19—into the greater Washington, D.C., area will reduce their risk of injury or death.” Opp’n at 9. Even leaving aside the fact that it is impossible to point to any confirmed cases within HCDC or WCDC when Respondents have not conducted any COVID-19 tests at those facilities, this argument strains credulity. Beyond the absurdity of the claim that someone will be safer from a contagious disease while confined in close quarters with dozens of other detainees and staff than while at liberty, Petitioners have provided multiple expert opinions supporting the contrary conclusion, such as that of Dr. Greifinger, who has stated that “[d]etention centers are extraordinarily high-risk environments for the transmission of infectious diseases,” an assertion supported by examples of COVID-19 spreading “like wildfire” in detention facilities around the nation. Greifinger Decl. ¶¶ 14, 19. The Court finds that Petitioners have satisfied the redressability requirement of standing.
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II. 28 U.S.C. § 2241 Petitioners seek their release from ICE detention through a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241. Under this provision, a district court may grant a writ of habeas corpus if a prisoner “is in custody under or by color of the authority of the United States” or is “in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2241(c) (2018). Defendants, however, argue that § 2241 is an inappropriate vehicle for raising what it characterizes as a challenge to Petitioners’ conditions of confinement.
In Preiser v. Rodriguez, 411 U.S. 475 (1973), the United States Supreme Court, while reaffirming prior decisions allowing inmates to raise challenges to their conditions of confinement as federal civil rights actions, cautioned that “[t]his is not to say that habeas corpus may not also be available to challenge such prison conditions.” Id. at 499. Indeed, it expressly noted that in those decisions, the plaintiffs were not, as Petitioners are here, “seeking immediate release or a speedier release from that confinement—the heart of habeas corpus.” Id. More recently, the Supreme Court has stated that it has “left open the question whether [prisoners] might be able to challenge their confinement conditions via a petition for a writ of habeas corpus.” Ziglar v. Abbasi, 137 S. Ct. 1843, 1862-63 (2017). In the absence of clear guidance, lower courts have split on the extent to which habeas provides a mechanism for asserting challenges to conditions of confinement. Wilborn v. Mansukhani, 795 F. App’x 157, 163 (4th Cir. 2019) (listing cases).
The United States Court of Appeals for the Fourth Circuit has not ruled in a published, binding opinion whether § 2241 is available to challenge conditions of confinement. Id. at 16364. Moreover, the Fourth Circuit’s unpublished opinions declining to allow certain claims relating to conditions of confinement to be raised through a habeas petition are clearly distinguishable from the instant Petition. In Wilborn, a federal inmate sought to use § 2241 to challenge his housing
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assignment within the Bureau of Prisons. Id. at 164. In another case, a federal inmate sought to use § 2241 to challenge his failure to receive good conduct credits and a transfer to another facility. Rodriguez v. Ratledge, 715 F. App’x 261, 266 (4th Cir. 2017); see also Braddy v. Wilson, 580 F. App’x 172 (4th Cir. 2014) (rejecting a federal inmate’s use of § 2241 to raise a claim that his conditions of confinement violated the terms of his plea agreement). By contrast, Petitioners are not challenging their placement within their respective detention facilities. Instead, they are seeking release from the facility entirely. See Pet. at 30, ECF No. 1 (“Plaintiffs request that this Court . . . [i]ssue a writ of habeas corpus and order Plaintiffs’ immediate release or placement in community-based alternatives to detention.”); Mot. TRO at 25, ECF No. 2-1 (“Plaintiffs respectfully request that this Court . . . order their immediate release from custody.”). Moreover, while the petitioners in the unpublished Fourth Circuit cases were convicted federal prisoners, Petitioners here are civil immigration detainees, who have traditionally had recourse to § 2241 for constitutional challenges to their detention. See, e.g., Zadvydas v. Davis, 533 U.S. 678, 687-88 (2001) (holding that § 2241 was a proper vehicle to challenge an immigration detainee’s detention as violating due process due to its length).
In the absence of binding Fourth Circuit authority, this Court concludes, consistent with the positions of several circuits, that a claim by an immigration detainee seeking release because of unconstitutional conditions or treatment is cognizable under § 2241. See Aamer v. Obama, 742 F.3d 1023, 1038 (D.C. Cir. 2014) (finding that § 2241 is available to challenge a federal detainee’s conditions of confinement); Jiminian v. Nash, 245 F.3d 144, 146 (2d Cir. 2001) (same); Miller v. United States, 564 F.2d 103, 106 (1st Cir. 1977) (same). First, and most fundamentally, although the grounds on which they seek release relate to their conditions of confinement, Petitioners seek complete release from confinement, which is “the heart of habeas corpus.” Preiser, 411 U.S. at
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498. Second, for immigration detainees, if § 2241 is unavailable, Petitioners may have no vehicle by which to seek redress for the constitutional violation they allege. Lee v. Winston, 717 F.2d 888, 892 (4th Cir. 1983) (stating that 42 U.S.C. § 1983 “cannot be used to seek release from illegal physical confinement”), aff’d, 470 U.S. 753 (1985); cf. In re Jones, 226 F.3d 328, 333 (4th Cir. 2000) (holding that where 28 U.S.C. § 2255 is “inadequate or ineffective” to test the legality of the detention of a federal prisoner, a prisoner may file a habeas petition pursuant to 28 U.S.C. § 2241). The Court will therefore consider the Petition. III. TRO
To obtain a TRO or a preliminary injunction, moving parties must establish that (1) they are likely to succeed on the merits; (2) they are likely to suffer irreparable harm in the absence of preliminary relief; (3) the balance of equities tips in their favor; and (4) an injunction is in the public interest. Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); see Dewhurst v. Century Aluminum Co., 649 F.3d 287, 290 (4th Cir. 2011). A moving party must satisfy each requirement as articulated. Pashby v. Delia, 709 F.3d 307, 320-21 (4th Cir. 2013). Because a TRO or a preliminary injunction is “an extraordinary remedy,” it “may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter, 555 U.S. at 22.
A. Likelihood of Success on the Merits In asserting their claims, Petitioners cast themselves as civil detainees held in immigration detention. As an initial matter, the Respondents argue that because they are immigration detainees, Petitioners are entitled to lesser constitutional protections as to their detention conditions than other civil detainees. The Court finds Respondents’ argument on this score unpersuasive. None of the cases cited by Respondents speaks to the situation here. For example, Reno v. Flores, 507 U.S. 307 (1993), while reaffirming the broad notion that Congress has plenary power over immigration
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matters in rejecting the argument that the Government may not deprive unaccompanied juvenile immigration detainees of their liberty at all, also reaffirmed that aliens are entitled to “due process of law in deportation proceedings.” Id. at 305-06. Mathews v. Diaz, 426 U.S. 67 (1976), involved a challenge to citizenship requirements for eligibility for certain welfare benefits and thus sheds no light on whether immigration detainees have lesser due process rights than other civil detainees. Id. at 80. Where the matter at issue is the conditions of detention, not the right to enter or remain in the United States, the Court rejects Respondents’ suggestion that the due process standards for civil detainees do not apply to individuals in immigration detention.
Civil detainees who challenge the conditions of their confinement are protected by the Due Process Clauses of the Fifth and Fourteenth Amendments. See Youngberg v. Romeo, 457 U.S. 307, 315 (1982) (stating, in the context of involuntary civil commitment, that “the right to personal security constitutes a ‘historic liberty interest’ protected substantively by the Due Process Clause” and “that right is not extinguished by lawful confinement” (quoting Ingraham v. Wright, 430 U.S. 651, 673 (1977))). These protections are at least as robust as those of the Eighth Amendment because “[i]f it is cruel and unusual punishment to hold convicted criminals in unsafe conditions, it must be unconstitutional to confine the involuntarily committed—who may not be punished at all—in unsafe conditions.” Id. at 315-16. Cf. Bell v. Wolfish, 441 U.S. 520, 545 (1979) (holding that pretrial detainees “retain at least those constitutional rights that we have held are enjoyed by convicted prisoners”). Thus, individuals who have been civilly detained or committed “are entitled to more considerate treatment and conditions of confinement than criminals whose conditions of confinement are designed to punish.” Youngberg, 457 U.S. at 321-22 (addressing persons subjected to involuntary civil commitment for mental health reasons). Cf. Bell, 441 U.S. at 536-
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37 (holding that pretrial detainees may be held in custody “so long as those conditions and restrictions [of confinement] do not amount to punishment”).
Protections for individuals confined by the state, whether civilly or criminally, include the right to reasonable safety and adequate medical care. See Youngberg, 457 U.S. at 315-16l; Raynor v. Pugh, 817 F.3d 123, 127 (4th Cir. 2016) (holding that prison officials are constitutionally required to maintain “humane conditions of confinement,” including “the provision of adequate medical care” and taking “reasonable measures to guarantee the safety of the inmates”). “The rationale for this principle is simple enough: when the State by the affirmative exercise of its power so restrains an individual’s liberty that it renders him unable to care for himself, and at the same time fails to provide for his basic human needs—e.g., food, clothing, shelter, medical care, and reasonable safety—it transgresses the substantive limits on state action set by the Eighth Amendment and the Due Process Clause.” DeShaney v. Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189, 200 (1989).
The Supreme Court has made clear as to reasonable safety that the Eighth Amendment “protects against future harm,” including a “condition of confinement that is sure or very likely to cause serious illness and needless suffering the next week or month or year.” Helling v. McKinney, 509 U.S. 25, 33 (1993). Under this principle, constitutional violations could arise from “the exposure of inmates to a serious, communicable disease” even if “the complaining inmate shows no serious current symptoms” and “even though the possible infection might not affect all those exposed.” Id.; see Hutto v. Finney, 437 U.S. 678, 682-83, 687 (1978) (finding no error in the trial court’s conclusion that the conditions of a state prison violated the Eighth Amendment where those conditions included, among other things, daily, random redistribution of mattresses to inmates, some of whom suffered from communicable diseases such as hepatitis and venereal disease); see
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also DeGidio v. Pung, 920 F.2d 525, 526, 533 (8th Cir. 1990) (upholding a district court’s ruling that prison officials’ response to a tuberculosis outbreak, including their screening and control procedures, was inadequate and violated the Eighth Amendment).
1. Health and Safety Petitioners argue that Respondents have violated their due process rights by failing to protect them from a known threat to their health and safety: the Coronavirus. In the related context of convicted prisoners, the Eighth Amendment requires that prison officials maintain “humane conditions of confinement,” including taking “reasonable measures to guarantee the safety of the inmates.” Raynor, 817 F.3d at 127. In order to establish an Eighth Amendment claim arising from a failure to ensure reasonable safety or provide adequate medical care, a convicted prisoner must demonstrate that the actions of prison officials amounted to deliberate indifference to the inmate’s health and safety. Estelle v. Gamble, 429 U.S. 97, 106 (1976) (establishing deliberate indifference as the standard for Eighth Amendment inadequate medical care claims); Helling, 509 U.S. at 32 (applying the deliberate indifference standard to a claim that a communicable disease threatened inmates’ health and safety). The Fourth Circuit has held that for due process claims by pretrial detainees of inadequate medical treatment, the Eighth Amendment deliberate indifference standard applies. See, e.g., Hill v. Nicodemus, 979 F.2d 987, 991-92 (4th Cir. 1992) (“[P]rison officials violate [a] detainee’s rights to due process when they are deliberately indifferent to serious medical needs.”); see also Young v. City of Mount Rainier, 238 F.3d 567, 575 (4th Cir. 2001) (“[D]eliberate indifference to the serious medical needs of a pretrial detainee violates the due process clause.”). Since Hill, the Supreme Court has called into question the equivalence between the standards applied to claims by pretrial detainees and those applied to claims by post-conviction inmates. In Kingsley v. Hendrickson, 135 S. Ct. 2466 (2015), the Court held that, unlike the standard applied
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to post-conviction detainees’ excessive force claims under the Eighth Amendment, the standard for pretrial detainees’ excessive force claims under the Fourteenth Amendment includes no subjective component. Id. at 2472-73. Several circuits have extended this reasoning to hold that the standard for pretrial detainees’ claims of inadequate medical care under the Fourteenth Amendment should likewise not include a subjective component. See, e.g., Miranda v. Cty. of Lake, 900 F.3d 335, 352 (7th Cir. 2018); Gordon v. Cty. of Orange, 888 F.3d 1118, 1124-25 (9th Cir. 2018). In Gordon, for example, the court held that a Fourteenth Amendment claim of inadequate medical care is to be evaluated under an “objective deliberate indifference standard” that requires “more than negligence but less than subjective intent—something akin to reckless disregard.” Gordon, 888 F.3d at 1125 (requiring that a pretrial detainee show that the defendant did not take “reasonable available measures” to address a medical risk even though “a reasonable official in the circumstances would have appreciated the high degree of risk involved,” such that the adverse consequences were “obvious”). Although it is sensible, after Kingsley, to conclude that a different, less stringent standard should be applied to the claims of pretrial detainees relating to health and safety, this Court remains bound by Fourth Circuit precedent on this issue as stated in Hill.
Neither the Supreme Court nor the Fourth Circuit has expressly decided what standard applies to health and safety or inadequate medical care claims raised by individuals in civil detention. In Heyer v. United States Bureau of Prisons, 849 F.3d 202 (4th Cir. 2017), the Fourth Circuit stated that in cases involving civilly committed psychiatric patients, inadequate medical care claims would be governed by the professional judgment standard articulated in Youngberg, not by the Eighth Amendment deliberate indifference standard. Id. at 209 n.6. However, in Matherly v. Andrews, 859 F.3d 264 (4th Cir. 2017), in deciding the appropriate standard for civil
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detainees’ claims of unconstitutionally punitive conditions of confinement, the Fourth Circuit expressly drew on the applicable standard for pretrial detainees because it was “natural to borrow” from that context, and that to do otherwise would result in the “unwieldy outcome” of multiple standards “contingent upon the type of civil detention.” Id. at 275. Coupling the Fourth Circuit’s concern in Matherly for a uniformity of standards across varied forms of detention with the clear holding in Hill that the deliberate indifference standard applies to pretrial detainee claims of inadequate medical care, the Court concludes that the deliberate indifference standard applies to the Fourteenth Amendment health and safety and inadequate medical care claims asserted here.
Under this standard, a plaintiff must satisfy a two-part inquiry that includes both an objective and a subjective component. See Raynor, 817 F.3d at 127. First, a plaintiff must show objectively “a serious deprivation” of rights “in the form of a serious or significant physical or emotional injury,” Danser v. Stansberry, 772 F.3d 340, 346-47 (4th Cir. 2014), or “a substantial risk of such serious harm resulting from the prisoner’s unwilling exposure to the challenged conditions,” Shakka v. Smith, 71 F.3d 162, 166 (4th Cir. 1995) (quoting Strickler v. Waters, 989 F.2d 1375, 1381 (4th Cir. 1993)). Thus, “a condition of confinement that is sure or very likely to cause serious illness and needless suffering the next week or month or year” may violate the Constitution, even if “the complaining inmate shows no serious current symptoms.” Helling, 509 U.S. at 33–34; Webb v. Deboo, 423 F. App’x 299, 300 (4th Cir. 2011). To establish the subjective component, there must be evidence of deliberate indifference, in that a known excessive risk of harm to the inmate’s health or safety was disregarded. See Wilson v. Seiter, 501 U.S. 294, 302-03 (1991) (applying the deliberate indifference standard to conditions of confinement claims). “[T]he test is whether the guards know the plaintiff inmate faces a serious danger to his safety and they
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could avert the danger easily yet they fail to do so.” Brown v. N.C. Dep’t of Corr., 612 F.3d 720, 723 (4th Cir. 2010) (quoting Case v. Ahitow, 301 F.3d 605, 607 (7th Cir. 2002)).
To the extent that Petitioners’ claims are based in part on their underlying medical conditions and the failure to address it, the medical condition at issue must be objectively serious. Hudson v. McMillian, 503 U.S. 1, 9 (1992). A medical condition is serious when it is “so obvious that even a lay person would easily recognize the necessity for a doctor’s attention.” Iko v. Shreve, 535 F.3d 225, 241 (4th Cir. 2008)) (citation omitted). As for the subjective component, “[a]n official is deliberately indifferent to an inmate’s serious medical needs only when he or she subjectively knows of and disregards an excessive risk to inmate health or safety.” Jackson v. Lightsey, 775 F.3d 170, 178 (4th Cir. 2014) (quoting Farmer v. Brennan, 511 U.S. 825, 837 (1994)). If the requisite subjective knowledge is established, an official may avoid liability by responding “reasonably to the risk, even if the harm ultimately was not averted.” See Farmer v. Brennan, 511 U.S. 825, 844 (1994).
As to the objective prong, the available evidence establishes that COVID-19 is a highly communicable disease that presents a potentially mortal risk, particularly for high-risk individuals such as Petitioners. Although the Government disputes the immediacy of that risk to Petitioners, that argument, as discussed above, see supra part I.A, lacks merit because “a remedy for unsafe conditions need not await a tragic event.” Helling, 509 U.S. at 33-34 (rejecting the argument that “only deliberate indifference to current serious health problems of inmates is actionable under the Eighth Amendment”). Here, even without direct evidence that individuals within HCDC and WCDC (collectively, “the Detention Facilities”) have contracted the Coronavirus, its spread has been remarkably rapid, including into prisons and detention facilities. Since March 24, 2020, the number of cases in the United States has increased from approximately 54,000 to approximately
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250,000. Cases in U.S., Ctrs. for Disease Control and Prevention, https://www.cdc.gov/ coronavirus/2019-ncov/cases-updates/cases-in-us.html. There are now approximately 450 cases among detainees and staff at the New York City detention center at Rikers Island. In the past two weeks, it has been reported to have entered immigration detention centers in New Jersey, a federal prison in Louisiana, and the D.C. Jail. It thus presents an imminent risk to health and safety that satisfies the objective prong.
At the same time, as much as Petitioners have sought to paint with broad brush strokes by offering an expert opinion that the nature of immigration detention facilities, including chronic overcrowding, is such that there is a “heightened public health risk” that COVID-19 will spread into such facilities, Greifinger Decl. ¶ 9, the facts relating to the Detention Facilities are of particular importance to the Court’s analysis. At the present time, there are no confirmed cases of COVID-19 among detainees or staff at HCDC or WCDC. Both Detention Facilities have adopted procedures to screen individuals entering the facilities, ended non-attorney visits, and stopped receiving new immigration detainees. At the hearing on the Motion, Respondents reported that the immigration detainee population of HCDC has now been reduced to 38 individuals in a facility with a maximum capacity of 100, and the comparable population of WCDC has been reduced to 86 detainees housed in a facility designed for 200 individuals. These conditions contrast markedly with those at other detention facilities described in the press accounts submitted by Respondents, which include a report of 110 men sleeping in the same room. Immigrants Jailed by ICE are Sick, Panicking, and Can’t Get Coronavirus Tests at 3, Reply Ex. 10, ECF No. 52-10. Thus, although there is an objective risk, it is not at the same level as in other facilities.
Turning to the subjective prong, there is no dispute that Respondents were and are subjectively aware of the risk that COVID-19 poses to both healthy and high-risk individuals. The
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issue is whether COVID-19 poses an excessive risk that is being disregarded by Respondents. The evidence supports the conclusion that as of the time of the filing of the Petition and the Motion, on March 24, 2020, Respondents were disregarding the risk. Prior to that date, at HCDC, Respondents had reportedly suspended group programs, including chapel services, and had started holding hearings with ICE detainees by telephone. At WCDC, they had stopped ICE transports of detainees in and out of the facility, and they had suspended visits except for attorney visits. Otherwise, as acknowledged at the hearing on the Motion, there is no evidence that they took any other protective measures. It is undisputed that at both facilities, immigration detainees are housed in close quarters. At HCDC, most immigration detainees are housed in dormitory-like facilities that hold up to 32 people, though Coreas and certain other detainees live in two-person cells. At WCDC, immigration detainees are housed in cells that hold up to two people. Guzman Cedillo presently is in such a cell but without a cellmate. During the day, immigration detainees at both facilities spend approximately 11 hours in communal activities and spaces, where they are in close proximity to one another. Nevertheless, as of the filing of the Motion, communal spaces, including restrooms, were not regularly disinfected. It is undisputed that up to that time, detainees were not provided with cleaning materials for their cells or any or adequate soap or hand sanitizer. No systematic social distancing protocols, even within the limitations of a detention facility, were implemented. Further, the limited number of bathrooms available to the detainees were not disinfected after each use. Such facts lead to the inescapable conclusion that, before this lawsuit, HCDC and WCDC were disregarding the known risk of a highly communicable and potentially fatal disease.
Since the filing of this lawsuit, both Detention Facilities have instituted more COVID-19 mitigation efforts. Respondents assert that detainees are now given soap, hand sanitizer, and
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cleaning supplies, and they have increased the frequency of cleaning of high use areas in both facilities. According to Respondents, detainees are now advised on the importance of hand washing and told to seek medical assistance if they become ill. Any individuals allowed to come into the Detention Facilities are screened for body temperature, symptoms, and travel histories. The Detention Facilities have identified housing units that could be used to quarantine individuals who are suspected of having COVID-19. Coreas disputes the claims that cleaning frequency at HCDC has increased, and that HCDC is educating the detainee population on the risks of COVID19 and how to stop the spread of the Coronavirus.
Although steps in the right direction, these measures leave notable gaps. Despite the fact that the Detention Facilities are not currently at full capacity, there continue to be no social distancing protocols at either facility. Even though ICE claims to be following CDC guidance, there is no evidence of any actions to increase the distance among detainees, whether by moving detainees in double cells to single cells to the extent possible, or by requiring detainees to be separated by empty bunks in the dormitory or empty seats in the dining areas. See Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, Ctrs. for Disease Control (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/downloads/guidance-correctional-detention.pdf (recommending that correctional and detention facilities stagger meal times, rearrange seating in dining halls to allow more space between individuals, and space out bunks to allow six feet between detainees).
More specifically, the Court finds a major deficiency in the lack of any procedures to address the heightened risk to detainees with certain medical conditions. It is undisputed that Coreas has an objectively serious medical condition, diabetes. Regardless of whether he is
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receiving otherwise adequate medical care for that condition, diabetes places Coreas at a significantly higher risk of death or serious harm from COVID-19. For individuals in high risk categories such as Petitioners, the available data shows that the death rate for those with COVID19 is between 15 percent and 20 percent. While adequate treatment for Coreas’s condition would necessarily require separation from, or at least minimization of contact with, other detainees, Respondents have taken no general or specific steps to meet this medical need for distancing, whether by providing Coreas with his own cell and otherwise distancing him from other detainees.
Finally, although the Detention Facilities have instituted screening procedures for entering individuals, they have not conducted any tests for COVID-19, and they have neither the capability nor any plans to do so. This fact not only calls into question the claim that there are no confirmed cases of COVID-19 in either HCDC or WCDC, it also exposes a serious vulnerability, where Petitioners have reported many people coughing and sneezing at HCDC and have identified at least three individuals at HCDC who have symptoms consistent with COVID-19 but have never been tested.
If any detainee or staff member at HCDC or WCDC were known to have COVID-19, the Court would conclude that these identified deficiencies, particularly the absence of any steps to address Coreas’s obvious medical need for separation from others, would establish knowing disregard of a serious medical need constituting deliberate indifference that would likely violate the Constitution. See Coronel, 2020 WL 1487274, at *4-6 (finding deliberate indifference to the medical needs of high-risk detainees for social distancing where the Coronavirus was known to be in a detention facility and “the record demonstrates that ICE has not taken any action to address the particular risks COVID-19 poses to high risk individuals like Petitioners here”); Basank, 2020 WL 1481503, at *5 (finding deliberate indifference in the absence of social distancing within the
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detention facility and the absence of any “steps to protect high-risk detainees like Petitioners” in facilities where the Coronavirus was present). Where Guzman Cedillo also has an objectively serious medical condition—hypertension—which creates a specific need for distancing from others and which Respondents have taken no steps to address, the Court would reach the same conclusion as to Guzman Cedillo.
At this point, however, where there is no evidence that the Coronavirus is present in either HCDC or WCDC, and Respondents have instituted a screening procedure for those entering the facilities, have suspended non-attorney visits, and have stopped transfers of immigration detainees into the facility, the direct threat to Petitioners remains sufficiently attenuated that the Court will not find that the identified deficiencies have established a likelihood of success on the merits of Petitioners’ claim of deliberate indifference to their health and safety or their serious medical needs. Indeed, in cases in which there were no cases of COVID-19 associated with the detention facility, courts have declined to find a likelihood of constitutional violations and to grant a TRO. See Sacal-Micha, 2020 WL 1518861, at *6; Dawson, 2020 WL 1304557, at *1. Although at least one federal court has found constitutional violations warranting release of immigration detainees even before the appearance of COVID-19 in a facility, see Castillo, 2020 WL 1502864, at *6, the facility at issue in that case, the Adelanto ICE Processing Center in California, is a substantially larger facility with more crowded conditions and a history of health and safety risks. Id. at *1-2; see Office of Inspector Gen., Management Alert: Issues Requiring Action at the Adelanto ICE Processing Center in Adelanto, California, U.S. Dep’t of Homeland Sec. at 2 (Sept. 27, 2018), https://www.oig.dhs.gov/sites/default/files/assets/Mga/2018/oig-18-86-sep18.pdf. In contrast, the Detention Facilities are substantially below capacity, and Guzman Cedillo already has his own cell. Under the present facts, the Court will not find a likely constitutional violation.
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However, the Court recognizes that where HCDC and WCDC are currently unable or unwilling to test for the Coronavirus, there would be no way to determine whether it has entered one of the Detention Facilities. Accordingly, the Court concludes that in the event that the Coronavirus is found in HCDC or WCDC, or if those facilities fail to submit a timely certification that they have obtained COVID-19 tests and will administer a test to any individual at either Detention Facility who exhibits suspected COVID-19 symptoms (“Testing Certification”), the Court would find a likelihood of success on the due process claim based on deliberate indifference to the serious medical needs of Petitioners.
2. Conditions of Confinement Petitioners separately argue that their detention under the specter of the Coronavirus violates due process because it effectively constitutes impermissible punishment. To establish such a claim, civil detainees must show either that (1) the condition was imposed with the express intent to punish; or (2) it is not reasonably related to a legitimate, nonpunitive governmental objective, such that the intent to punish can be inferred. Matherly, 859 F.3d at 275 (considering whether an individual detained in advance of a determination whether he should be civilly committed as a sexually dangerous person was subjected to conditions of confinement that were unconstitutionally punitive). As to the second prong, “due process requires that the conditions and duration of confinement . . . bear some reasonable relation to the purpose for which persons are committed.” Id. In assessing whether such a relationship exists, courts consider, as applicable, whether “professional judgment” was exercised in balancing “the legitimate interests of the State and the rights of the involuntarily committed to reasonable conditions of safety and freedom from unreasonable restraints.” Id.; Youngberg, 457 U.S. at 321.
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On the first factor, the Court finds no evidence in the record that the conditions of Petitioners’ confinement were imposed with the express intent to punish. The Court thus turns to whether the challenged conditions of confinement are reasonably related to a legitimate, nonpunitive governmental objective. Matherly, 859 F.3d at 275. Although the Court agrees with Respondents that ordinary detention at HCDC or WCDC would be reasonably related to the legitimate governmental objective of ensuring an immigration detainee’s presence at an immigration hearing, the present conditions of confinement are markedly different. At this point, Petitioners are confined in facilities where they are particularly vulnerable to COVID-19 because of the lack of ability to maintain distance from others, and if they contract the Coronavirus they have up to a 20 percent chance of death, greater than the odds of losing a game of Russian roulette. If it were known that there were cases of Coronavirus within the detention facility, the Court would conclude that for high-risk immigration detainees, who are held not for the purpose of answering to criminal charges, but merely to face civil status violations, such conditions imposing a palpable risk of death or serious harm inflict far more serious consequences on them than are justified by the need to hold them for their immigration proceedings. Thus, upon consideration of the governmental interest and the detainee’s right to reasonable conditions of safety, such conditions would bear no reasonable relationship “to the purpose for which persons are committed” and would violate due process. Matherly, 859 F.3d at 275; see Thakker v. Doll, 1:20-cv-00480-JEJ, Doc. No. 47.
At present, however, there are no confirmed cases of COVID-19 in the Detention Facilities. Although in Thakker, the court found conditions of confinement at three detention facilities to constitute unconstitutional punishment in light of COVID-19 even though only one of the facilities had a known case of COVID-19, the court relied in part on the fact that the facilities had significant
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overcrowding and unsanitary conditions, including the presence of rats. Thakker, Doc. No. 47 at 14, 20-21. Here, unlike most immigration detention facilities, HCDC and WCDC are substantially below capacity. Under the specific circumstances before it, the Court does not find that the threat of the Coronavirus in society generally, as opposed to its presence inside a detention facility, inflicts unconstitutional punishment on high-risk detainees. To adopt Petitioners’ position would be to hold that the detention of any high-risk immigration detainee during the pandemic is necessarily unconstitutional, a position that the Court is not presently prepared to adopt.
The Court is aware, however, that although there is no direct evidence that the Coronavirus has entered the Detention Facilities, there are individuals at HCDC with symptoms consistent with COVID-19, and neither HCDC nor WCDC has the capability to test anyone for the Coronavirus. Unless Respondents are able to provide the Testing Certification referenced above, the Court would consider the lack of a testing capability to be the equivalent of having positive tests in the detention facility, as there would be no way to know whether high-risk detainees are at direct risk of exposure to the Coronavirus. Thus, while the Court does not presently find a likelihood of success on the merits on this claim, it would so find upon either a showing of evidence that a detainee or staff member at HCDC or WCDC has COVID-19, or upon Respondents’ failure to provide the Testing Certification by the stated deadline. Accordingly, while the Court’s conclusion on the likelihood of success on the merits precludes issuance of a TRO at the present time, Pashby, 709 F.3d at 320-21, it will address the remaining prongs and make findings in the event of a future determination of a likelihood of success on the merits.
B. Irreparable Harm On the issue of irreparable harm, the Court finds that in the event that Petitioners were able to establish a likelihood of success on the merits on their constitutional claims, they would also be
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irreparably harmed. “Generally, irreparable injury is suffered when monetary damages are difficult to ascertain or are inadequate.” Multi-Channel TV Cable Co. v. Charlottesville Quality Cable Operating Co., 551 F.3d 546, 551 (4th Cir. 1994). The Fourth Circuit has held that “the denial of a constitutional right . . . constitutes irreparable harm for purposes of equitable jurisdiction.” Ross v. Meese, 818 F.2d 1132, 1135 (4th Cir. 1987); see Overstreet v. LexingtonFayette Urban Cty. Gov’t, 305 F.3d 566, 578 (6th Cir. 2002) (noting that “[c]ourts have also held that a plaintiff can demonstrate that a denial of an injunction will cause irreparable harm if the claim is based upon a violation of the plaintiff's constitutional rights” and collecting cases). More specifically, Petitioners have introduced uncontroverted evidence that contracting COVID-19 would put them at serious risk of severe medical complications and even death. As discussed above, Petitioners’ medical experts place the risk of death for high-risk individuals at 15 to 20 percent. Moreover, Dr. Greifinger notes that those who do not die from COVID-19 suffer “prolonged serious illness” and that once COVID-19 is introduced into a detention facility, “it spreads like wildfire.” Greifinger Decl. ¶¶ 6, 14. Thus, in the event that a detainee or staff member were found to have COVID-19, or if Respondents fail to submit the Testing Certification such that there would be no way to confirm its presence, there would be a high likelihood of irreparable health consequences that could not be alleviated without release. Respondents’ assertion that “detainees who present symptoms compatible with COVID-19 will be placed in isolation” does not remove the risk that the virus will spread quickly once inside the facility and would specifically threaten high-risk detainees like Petitioners. Moon Decl. ¶ 9. Because Petitioners would face a significant risk of death or serious illness under such circumstances, the Court would find likely irreparable harm. See Multi-Channel TV Cable Co., 22 F.3d at 551.
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C. Balance of the Equities and the Public Interest When a plaintiff seeks preliminary injunctive relief against the Government, the balance of the equities and the public interest factors merge. See Nken v. Holder, 556 U.S. 418, 435 (2009) (noting, in the context of a plaintiff’s suit seeking a stay of removal proceedings, that the balance of equities and public interest “factors merge when the Government is the opposing party”); Roe v. Dep’t of Def., 947 F.3d 207, 230 (4th Cir. 2020) (citing Nken in the context of a preliminary injunction). To the extent that the Court were to find a likelihood of success on the merits, it would necessarily find that the detention and treatment of Petitioners would violate due process. Generally, “upholding constitutional rights surely serves the public interest.” Giovani Carandola, Ltd. v. Bason, 303 F.3d 507, 521 (4th Cir. 2002). Moreover, the significant risk that the Coronavirus, upon entering HCDC or WCDC, would cause death or serious harm to high-risk detainees like Petitioners, weighs in favor of the requested injunction. In contrast, however, Respondents express a public interest in the detention of Petitioners grounded both in the general public interest in immigration enforcement, see Blackie’s House of Beef, Inc. v. Castillo, 659 F.2d 1211, 1221 (D.C. Cir. 1981), as well as the specific interest in upholding the statutory requirement that these particular detainees are subject to mandatory detention under 8 U.S.C. § 1226(c). As to the general interest, the Court recognizes that it weighs in favor of Respondents, but concludes that it is of markedly less importance than the interest in incarceration of convicted federal or state prisoners, or even the detention of individuals formally charged with federal or state criminal offenses. Thus, the balance of equities in a case involving civil detention tips significantly less favorably toward the Government than in a case involving criminal pretrial detention or post-conviction imprisonment.
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As to the specific interest, unlike decisions facing judges relating to individuals who are detained solely because they cannot afford bail, or those relating to immigration detainees who are not subject mandatory detention and for whom there is no specific concern about risk of flight or danger to the community, here, Petitioners both have prior convictions for serious offenses. Coreas was convicted in 2007 of arson and burglary, while Guzman Cedillo was convicted of aggravated assault in 2010. Although these convictions are dated and do not necessarily establish any present risk to the community, it cannot be said that there is no public interest in detention. Furthermore, there is evidence that Coreas would present a risk of non-appearance at his immigration hearing. After he was convicted in this Court in 2015 of illegal reentry after deportation, Coreas was placed on supervised release which required him, if not deported, to report to the United States Probation Office upon release and to not commit any additional crimes. However, when he was released by state authorities after they dismissed charges against him for operating a prostitution business, Coreas did not report to Probation as ordered by this Court, and instead relocated to Iowa, where he was off the radar until he was identified by law enforcement three years later, in 2019, after committing a drug possession crime. Thus, unlike in other cases in which judges have found little or no risk of flight, where Coreas has a demonstrated history of disregarding the orders of this Court specifically, it cannot make such a finding here. Thus, there is a public interest in continued detention in order to have Coreas available for his immigration proceedings.
While Respondents’ interests explain why an injunction granting Petitioners’ release should not occur prematurely, they do not provide a basis to conclude that upon a finding of a likely constitutional violation, the balance of equities and public interest would not favor release. Although the remedy for unconstitutional conditions of confinement is typically a requirement that the conditions be modified, Dawson, 2020 WL 1304557, at *2, neither party has identified any
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steps that could be taken that would adequately address any unconstitutional conditions short of release. On balance, the interests of the health and safety of Petitioners would outweigh the public interest in the assurance of the completion of civil proceedings, particularly where ICE would be able to impose conditions of release using “a range of highly effective tools” designed to result in Petitioners’ appearances at their hearings. See Lorenzen-Strait Decl. ¶ 15, Mot. TRO Ex. 3, ECF No. 2-5. Thus, upon a finding of a likelihood of success on the merits, this prong would favor issuance of the requested injunction.
CONCLUSION For the foregoing reasons, the Motion for a Temporary Restraining Order will be DENIED WITHOUT PREJUDICE. Petitioners may renew the Motion, without leave of the Court, in the event of (1) evidence that a detainee or staff member at HCDC or WCDC has COVID-19; (2) the failure of Respondents to file a Testing Certification by Wednesday, April 8, 2020 that HCDC and WCDC have COVID-19 tests and will administer a test to any individual at HCDC or WCDC with suspected COVID-19 symptoms; (3) the postponement of a Petitioner’s currently scheduled immigration hearing; or (4) other materially changed circumstances. Any renewed Motion will be handled on an extremely expedited basis and may be decided without a hearing. Respondents will be ORDERED to (1) immediately inform the Court and Petitioners of any evidence that a detainee or staff member at HCDC or WCDC has COVID-19; and (2) immediately provide to the Court and Petitioners, upon execution, the above-described Testing Certifications as to both HCDC and WCDC. A separate Order shall issue.

Date: April 3, 2020

/s/ Theodore D. Chuang THEODORE D. CHUANG United States District Judge
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 Case 2:20-cv-00496-CB-CRE Document 27 Filed 04/10/20 Page 1 of 54

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; and HEATHER CONNOLLY, on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
v.
ALLEGHENY COUNTY; and ORLANDO HARPER, Warden of Allegheny County Jail,
Defendants-Respondents.

Civil Action No. 2:22-cv-00496-CRE ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

PLAINTIFFS-PETITIONERS’ BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

Case 2:20-cv-00496-CB-CRE Document 27 Filed 04/10/20 Page 2 of 54
TABLE OF CONTENTS
Page(s)
PRELIMINARY STATEMENT .........................................................................................1 FACTUAL BACKGROUND ..............................................................................................4 I. COVID-19 POSES A GRAVE RISK OF SERIOUS INJURY AND DEATH TO
THOSE INFECTED, ESPECIALLY INDIVIDUALS LIKE PETITIONERS, WHO ARE MEDICALLY VULNERABLE OR OVER THE AGE OF 55. ..........5 II. THE CONDITIONS AT JAILS AND DETENTION FACILITIES LIKE ACJ PLACE ALL PERSONS DETAINED THERE AT AN EVEN GREATER AND IMMEDIATE RISK OF COVID-19 INFECTION THAN MEMBERS OF THE PUBLIC-AT-LARGE. .............................................................................................8 III. THE CURRENT CONDITIONS IN WHICH DEFENDANTS HAVE CONFINED PETITIONERS AND CLASS MEMBERS IN ACJ ONLY EXACERBATE THE ALREADY EXTREME AND IMMINENT DANGER THEY FACE OF CONTRACTING AND POSSIBLY DYING FROM COVID19............................................................................................................................10 A. Defendants Have Refused To Take The Most Basic Precautions, Like
Social Distancing, To Limit The Spread Of COVID-19 In The ACJ........11 B. Defendants Maintain Dangerous, Unsanitary Conditions At ACJ And Do
Not Provide Appropriate Medical Care. ....................................................13 C. Defendants Do Not Properly Intake, Test, And Quarantine Persons
Suspected Of COVID-19 Infection............................................................14 D. Petitioners And Other Members Of The Medically Vulnerable Subclass
Must Be Released From Custody Immediately, Given Their Heightened Risk Of Becoming Critically Ill Or Dying If Infected By COVID-19. .....16 LEGAL STANDARD........................................................................................................17 ARGUMENT .....................................................................................................................18 I. PETITIONERS AND MEMBERS OF THE PROPOSED CLASS ARE ENTITLED TO EQUITABLE RELIEF TO PREVENT THEM FROM INFECTION, DEATH, OR SERIOUS COMPLICATIONS FROM COVID-19. 18 A. Petitioners’ Likelihood Of Success On The Merits Warrants Immediate Injunctive Relief.........................................................................................18 B. The Heightened Risk Of Infection From A Potentially Lethal Virus With No Vaccine Or Cure Is Irreparable Harm. .................................................34 C. The Public Interest Is Best Served By Minimizing The Spread Of COVID19 Through Social Distancing And Hygiene Practices, But Those Steps Are Impossible At ACJ. .............................................................................38
i

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Class. ..........................................................................................................41 CONCLUSION ..................................................................................................................43
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TABLE OF AUTHORITIES CASES Allegheny Cty. Sanitary Auth. v. U.S.E.P.A.,
732 F.2d 1167 (3d Cir. 1984)...........................................................................39 Am. Freedom Def. Initiative v. Se. Pa. Transp. Auth.,
92 F. Supp. 3d 314 (E.D. Pa. 2015) .................................................................43 Aruanno v. Johnson,
683 F. App’x 172 (3d Cir. 2017) .....................................................................23 Avendano Hernandez v. Decker,
No. 20-1589, 2020 WL 1547459 (S.D.N.Y. Mar. 31, 2020) ...........................32 Basank v. Thomas,
No. 20-02518, 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020) ................. passim Bell v. Wolfish,
441 U.S. 520 (1979).........................................................................................20 Belton v. Georgia,
No. 10-0583, 2012 WL 1080304 (N.D. Ga. March 20, 2012).........................29 Bowers v. Nat’l Collegiate Athletic Ass’n,
118 F. Supp. 2d 494 (D.N.J. 2000), opinion amended on reargument, 130 F. Supp. 2d 610 (D.N.J. 2001) ..................................................................28 Bowers v. NCAA, 475 F.3d 524 (3d Cir. 2007).............................................................................25 Brown v. Plata, 563 U.S. 493 (2011).........................................................................................18 Castillo v. Barr, No. 20-00605, 2020 WL 1502864 (C.D. Cal. Mar. 27, 2020)................. passim Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290 (D.C. Cir. 2006) .........................................................................42 Chisolm v. McManimon, 275 F.3d 315 (3d Cir. 2001).......................................................................25, 29 Chmiel v. Pennsylvania Dep’t of Corr., No. 18-1691, 2020 WL 1332830 (W.D. Pa. Mar. 23, 2020) ...........................25
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Coreas v. Bounds, No. TDC-20-0780 (D. Md. Apr. 3, 2020)........................................................37
Coronel v. Thomas, No. 20-2472, 2020 WL 1487274 (S.D.N.Y. Mar. 27, 2020) ...............32, 38, 42
Derrick F. v. Red Lion Area Sch. Dist., No. 06-1463, 2006 WL 2547050 (M.D. Pa. Sept. 1, 2006) .............................34
Dodd v. Derose, No. 15-01088, 2015 WL 5029364 (M.D. Pa. Aug. 25, 2015) .........................32
Doe v. Boyertown Area Sch. Dist., 897 F.3d 518 (3d Cir. 2018).............................................................................42
Doe v. Nat’l Bd. of Med. Examiners, 199 F.3d 146 (3d Cir. 1999).............................................................................34
E.D. v. Sharkey, 928 F.3d 299 (3d Cir. 2019).............................................................................20
Furgess v. Pa. Dep’t of Corr., 933 F.3d 285 (3d Cir. 2019).............................................................................27
Grand River Enters. Six Nations, Ltd. v. Pryor, 425 F.3d 158 (2d Cir. 2005).............................................................................39
Haberle v. Troxell, 885 F.3d 171 (3d Cir. 2018).......................................................................27, 29
Harris v. Cty. of Atlantic, No. 15-574, 2015 WL 715781 (D.N.J. Feb. 19, 2015) ....................................32
Helen L. v. DiDario, 46 F.3d 325 (3d Cir. 1995)...............................................................................29
Hernandez v. Wolf, No. 20-00617 (C.D. Cal. Apr. 1, 2020) ...........................................................21
Holland v. Rosen, 277 F. Supp. 3d 707, 738 (D.N.J. 2017) ..........................................................32
Hornstine v. Twp. of Moorestown, 263 F. Supp. 2d 887 (D.N.J. 2003) ..................................................................34
Hubbard v. Taylor, 399 F.3d 150 (3d Cir. 2005).................................................................20, 28, 29
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Hutto v. Finney, 437 U.S. 678 (1978).........................................................................................18
Issa v. Sch. Dist. of Lancaster, 847 F.3d 121 (3d Cir. 2017).............................................................................18
Johnson v. Wetzel, 209 F. Supp. 3d 766 (M.D. Pa. 2016) ..............................................................32
Jones v. Wolf, No. 20-361, 2020 WL 1643857 (W.D.N.Y. Apr. 2, 2020)..............................38
Leamer v. Fauver, 288 F.3d 532 (3d Cir. 2002).......................................................................31, 32
McCoy v. Tex. Dep’t Crim. Justice, No. 05-370, 2006 WL 2331055 (S.D. Tex. Aug. 9, 2006) ..............................30
Natale v. Camden Cty. Corr. Facility, 318 F.3d 575 (3d Cir. 2003).............................................................................23
Pa. Dep’t of Corr. v. Yeskey, 524 U.S. 206 (1998).........................................................................................25
Padilla v. Immigration & Customs Enf’t, No. 19-35565, 2020 WL 1482393 (9th Cir. Mar. 27, 2020)............................37
Preiser v. Rodriquez, 411 U.S. 475 (1973).........................................................................................31
Presta v. Peninsula Corridor Joint Powers Bd., 16 F. Supp. 2d 1134 (N.D. Cal. 1998) .............................................................29
Ramsey v. City of Pittsburgh, Pa., 764 F. Supp. 2d 728 (W.D. Pa. 2011)..............................................................39
Raytheon Co. v. Hernandez, 540 U.S. 44 (2003)...........................................................................................28
Robertson v. Allegheny Ct. of Com. Pleas, No. 12-1080, 2012 WL 4712034 (W.D. Pa. Aug. 22, 2012) ...........................32
Schechtman v. Bonfilio, No. 09-00144, 2009 WL 1175674 (W.D. Pa. Apr. 30, 2009)..........................18
Schorr v. Borough of Lemoyne, 243 F. Supp. 2d 232 (M.D. Pa. 2003) ..............................................................25
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Sharpvisions, Inc. v. Borough of Plum, 475 F. Supp. 2d 514 (W.D. Pa. 2007)..............................................................30
Tennessee v. Lane, 541 U.S. 509 (2004).........................................................................................26
Thakker v. Dell, No. 20-00480, 2020 WL 1671563 (E.D. Pa. Mar. 31, 2020) .................. passim
Thomas v. Tice, 948 F.3d 133 (3d Cir. 2020).............................................................................23
U.S. v. Bolston, No. 18-00382 (N.D. Ga. Mar. 30, 2020)..........................................................22
U.S. v. Harris, No. 19-00356, 2020 WL 1503444 (D.D.C. Mar. 26, 2020) ............................22
U.S. v. Hector, No. 20-04183 (4th Cir. Mar. 27, 2020)............................................................22
U.S. v. Kennedy, No. 18-20315 (E.D. Mich. Mar. 27, 2020) ......................................................22
U.S. v. Michaels, No. 16-00076 (C.D. Cal. Mar. 26, 2020) .........................................................22
U.S. v. Stephens, No. 15-95, 2020 WL 1295155 (S.D.N.Y. Mar. 19, 2020) ...............................35
Vazquez v. Carver, 729 F. Supp. 1063 (E.D. Pa. 1989) ..................................................................32
Wareham v. Pennsylvania Dep’t of Corr., No. 13-0188, 2014 WL 4231280 (W.D. Pa. Aug. 26, 2014) ...........................28
Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008).............................................................................................18
Woodall v. Fed. Bureau of Prisons, 432 F.3d 235 (3d Cir. 2005) (Becker, J.) .........................................................31
Xochihua-Jaimes v. Barr, No. 18-cv-71460 (9th Cir. Mar. 23, 2020).......................................................22
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STATUTES 8 U.S.C. § 1252......................................................................................................22 18 U.S.C. § 3626....................................................................................................32 28 U.S.C. § 1651....................................................................................................22 28 U.S.C. § 2241......................................................................................2, 3, 31, 32 42 U.S.C. § 1983......................................................................................2, 3, 19, 32 42 U.S.C. § 12101 et seq................................................................................ passim OTHER AUTHORITIES 28 C.F.R. § 35.130(b)(7)..................................................................................26, 29 U.S. Constitution, Eighth Amendment ............................................................23, 24 U.S. Constitution, Fourteenth Amendment.................................................... passim
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PRELIMINARY STATEMENT We are living in truly extraordinary times. Over a million people across the world have been infected by COVID-19, and tens of thousands of them have already died. The disease has no known cure. As a result, millions, perhaps billions, of people have been ordered to practice social distancing to avoid spreading the disease. Jails in urban centers such as those in New York, Chicago, and Philadelphia have become rife with COVID-19; there is no reason to believe that Allegheny County Jail (“ACJ”) will prove to be an exception. Indeed, ACJ has already disclosed that one man currently incarcerated there is infected with COVID-19, and it is highly probable that more will follow. Unlike the general population in Allegheny County and other communities around the world, Petitioners and the class they seek to represent have been subjected by Defendants to conditions of confinement which prevent them from availing themselves of the basic social distancing and other public health guidelines which are mandated or recommended for everyone else in society. These conditions of confinement pose a serious and imminent threat of severe disease and death for Petitioners and others in Defendants’ custody at ACJ who, because of their age or serious medical conditions, are at heightened risk if they contract COVID-19. Judicial intervention is absolutely necessary to protect their health and their lives. Clearly established law requires that they be removed from such conditions immediately, which in this emergency situation requires their release from ACJ. The conditions of Petitioners’ confinement at ACJ are shockingly insufficient to protect them from infection, serious complications, or death from COVID-19: ACJ is overcrowded; and despite the release of some people, Defendants have chosen to consolidate those remaining instead of spreading them out, thereby subjecting them to double celling and unnecessarily crowded conditions. The jail’s sanitation practices are insufficient; it denies Petitioners and other detainees even the most basic hygiene products; it does not have quarantine procedures for detainees
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showing symptoms of COVID-19; and it has ignored guidance from the Centers for Disease Control and Prevention (“CDC”) directing correctional institutions to implement mitigation efforts like social distancing and other best practices. At bottom, the conditions at ACJ create an extreme (and avoidable) risk for the rapid, uncontrollable spread of COVID-19 throughout the facility with grave outcomes for both the incarcerated population and the surrounding communities.
Accordingly, Petitioners have brought this action on behalf of a class of similarly situated persons incarcerated at ACJ (the “Proposed Class”), challenging their conditions of confinement and Defendants’ actions under 42 U.S.C. § 1983 and 28 U.S.C. § 2241, as well as Defendants’ failure to comply with their statutory obligations under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. Given their clear likelihood of success on the merits of their claims and the imminent irreparable harm they will suffer without immediate action from this Court, Petitioners seek a preliminary order remedying Defendants’ constitutional and statutory violations. Petitioners’ requested relief is in three forms.
First, the conditions of confinement that Defendants have forced Petitioners and the Proposed Class to suffer at ACJ violate the Fourteenth Amendment to the United States Constitution. Specifically, those conditions impose unconstitutional punishment upon all detainees being held pretrial. Given these constitutional infirmities, Petitioners and the Proposed Class face an immediate and substantial risk that they will be infected, made critically ill, and possibly killed by COVID-19 while in ACJ’s care. What is more, like Petitioners, a substantial number of people currently held at ACJ face serious risks of injury and death due to their age or underlying medical conditions (the “Medically Vulnerable Subclass”). For those persons, immediate release is necessary under 28 U.S.C. § 2241 to protect them from becoming critically ill and dying as a result of Defendants’ ongoing constitutional violations. Petitioners thus seek
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writs of habeas corpus to be issued immediately under § 2241 for themselves and the members of the Medically Vulnerable Subclass.
Second, these constitutional violations and the attendant intolerable risk to Petitioners and the Proposed Class require immediate relief by this Court to compel Defendants to, at a bare minimum, institute basic mitigation procedures to prevent Petitioners and the Proposed Class from infection and possible death or life-threatening complications from COVID-19. Petitioners thus seek a preliminary order from this Court pursuant to § 1983 demanding that Defendants modify the conditions of confinement at ACJ to be consistent with CDC guidance, including requiring that Defendants ensure social distancing practices are both possible and mandated at ACJ.
Third, Petitioners and other detainees at ACJ suffer from disabilities that put them at an increased risk of infection and death should they be exposed to COVID-19 (the “Disability Subclass”), and ACJ has flouted the ADA by offering them no reasonable accommodations to shield them from this ruthless disease as required by the ADA. On this basis as well, Petitioners are entitled to preliminary relief from this Court directing Defendants to give them and other members of this Subclass accommodations that will minimize the risk that they will be infected by COVID-19 and subjected to serious illness and possible death.
The stakes here could not be higher. Lives are at stake. Courts have acknowledged the gravity of the situation by relying on their equitable powers to protect people held at prisons and detention facilities from COVID-19 during this once-in-a-lifetime pandemic. Indeed, as described below, given that a large-scale outbreak at ACJ would spill over into the surrounding communities and spread infection throughout the greater-Allegheny County area, Petitioners’ requested preliminary relief is more than justified and would impose a minimal burden on Defendants and the public-at-large.
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For these reasons and those discussed below, Petitioners move this Court for immediate
and preliminary relief directing Defendants to immediately release the most vulnerable detainees
at ACJ, remedy its unconstitutional conditions of confinement, and institute reasonable
accommodations to protect detainees with disabilities from suffering the unforgiving wrath of
COVID-19.
FACTUAL BACKGROUND The Nation and the World are in the grips of the most significant pandemic in generations,
caused by COVID-19—a fast-moving virus that has infected and upended life in every corner of
the globe, Country, and Commonwealth. Compl. ¶ 14. This Court no doubt already is aware of
the devastating effects COVID-19 is having on the Commonwealth, generally, and Allegheny
County, in particular. Id. As of April 9, 2020, 1,506,936 cases have been confirmed globally, with 432,596 of those cases in the United States.1 Over 14,000 Americans have died.2 Allegheny
County alone has reported 759 of the Commonwealth’s 18,228 cases of COVID-19, and 12 of its 338 deaths.3 Reported cases in Allegheny County double every six days.4 These numbers likely
underestimate the virus’s impact, given the lack of testing available and conducted across the
Commonwealth and County. Compl. ¶ 14; see also Declaration of Dr. Johnathan Louis Golob ¶ 7 (Apr. 3, 2020) (“Golob Decl.”), attached hereto as Exhibit A.5 The virus continues to spread
1 Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University (JHU), Coronavirus Resource Center, Johns Hopkins University & Medicine, (last updated Apr. 9, 2020, 12:00:59pm) https://bit.ly/2JHm53w (last visited Apr. 9, 2020). 2 Id. 3 Pa. Dep’t of Health, COVID-19 Cases in Pennsylvania (last updated Apr. 9, 2020 12:00pm), https://bit.ly/2UKL0d2 (last visited Apr. 9, 2020). 4 Coronavirus in the U.S.: Latest Map and Case Count, NYTimes.com (last updated Apr. 9, 2020, 8:03am), https://nyti.ms/34hDSb4 (last visited Apr. 9, 2020). 5 Dr. Jonathan Louis Golob is a specialist in infectious diseases and internal medicine, subspecializing in infections in immunocompromised patients, and an Assistant Professor at the University of Michigan School of Medicine. Golob Decl. ¶ 1. Dr. Golob obtained his medical
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exponentially and out of control. Without effective public health interventions, like those
requested by Petitioners in their request for relief, the CDC projects approximately 200 million
people in the United States could be infected over the course of the epidemic and as many as 1.5
million Americans could die. Golob Decl. ¶ 11.
I. COVID-19 POSES A GRAVE RISK OF SERIOUS INJURY AND DEATH TO THOSE INFECTED, ESPECIALLY INDIVIDUALS LIKE PETITIONERS, WHO ARE MEDICALLY VULNERABLE OR OVER THE AGE OF 55.
COVID-19 is a serious and often fatal respiratory disease caused by a novel coronavirus.
Declaration of Joseph J. Amon, Ph.D. MSPH ¶ 5 (Apr. 5, 2020) (“Amon Decl.”), attached hereto as Exhibit B.6 COVID-19 spreads through a population in close contact with each other through
respiratory droplets produced when an infected person sneezes, coughs, sings, or even speaks.
Amon Decl. ¶¶ 16, 17. These droplets can travel up to six feet through the air to infect another
person. Id. ¶ 16. The virus also spreads where people touch surfaces and objects contaminated
by those same respiratory droplets and then touch their own mouth, nose, or eyes. Id.
Symptomatic persons spread the disease, but so too can asymptomatic and presymptomatic persons. Id. ¶ 17. For this reason, Governor Tom Wolf7 and the CDC8 have recommended persons
wear masks any time they leave their homes.
degree and completed his residency at the University of Washington School of Medicine in Seattle, where he also completed a Fellowship in Internal Medicine Infectious Disease. Id. Dr. Golob currently is “actively involved in planning and care for patients with COVID-19.” Id 6 Dr. Joseph Amon is a public health expert and epidemiologist who is the Director of the Office of Global Health at Drexel University’s Dornsife School of Public Health. Amon Decl. ¶ 1. Dr. Amon previously worked as an epidemiologist at the CDC and has served on advisory committees for the World Health Organization (“WHO”). Id. ¶ 2. One of his “main areas of research focus relates to infectious disease control, clinical care, and obligations of government related to individuals in detention settings.” Id. ¶ 4 7 Gov. Wolf Calls for Universal Masking, Governor Tom Wolf (Apr. 3, 2020), https://bit.ly/34inSWt. 8 Centers for Disease Control & Prevention, Coronavirus Disease 2019 (COVID-19), Recommendation Regarding the Use of Cloth Face Coverings (Apr. 3, 2020), https://bit.ly/34muHX7.
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Symptoms of infection span a range of reactions, from showing no or mild symptoms to respiratory failure and death. Amon Decl. at ¶ 6. COVID-19 can severely damage lung tissue, which requires an extensive period of rehabilitation, and in some cases, can cause a permanent loss of respiratory capacity. Golob Decl. ¶ 9. It may also cause inflammation of the heart muscle (known as myocarditis), affecting the heart muscle and electrical system, and reducing the heart’s ability to pump blood. Id. This reduction can lead to rapid or abnormal heart rhythms in the short term, and long-term heart failure that limits long-term exercise tolerance and even the ability to work. Id. Emerging evidence also suggests that COVID-19 can trigger an over-response of the immune system, further damaging tissues in a cytokine release syndrome that can result in widespread damage to other organs, including permanent injury to the kidneys (possibly leading to dialysis dependence) and even neurologic injury. Id. These complications can develop at an alarming pace. Id. at ¶ 6. Patients can show the first symptoms of infection within two days after exposure, and their condition can seriously deteriorate in five days or sooner. Id.
For persons over the age of 55 or with certain preexisting medical conditions, COVID-19 infection presents an even greater risk of serious symptoms and likely death. Golob Decl. ¶ 3. Persons with preexisting lung disease, heart disease, chronic liver or kidney disease (including hepatitis and dialysis patients), diabetes, compromised immune systems (such as from cancer, HIV, or autoimmune disease), blood disorders (including sickle cell disease), inherited metabolic disorders, stroke, and developmental delay are all at a heightened risk of serious illness and death should they become infected with COVID-19. Amon Decl. ¶ 8; Golob Decl. ¶ 3. Each Petitioner has one or more of these conditions and thus faces an increased risk of developing serious complications or dying from COVID-19, regardless of his or her age. Amon Decl. ¶¶ 11–15.
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There is no known cure, vaccine, or anti-viral treatment for COVID-19. Amon Decl. ¶ 6; Golob Decl. ¶ 10. The need for care, including intensive care, and the likelihood of death, is much higher from COVID-19 than from influenza. Golob Decl. ¶ 4. According to recent estimates, the fatality rate of people with COVID-19 is about ten times higher than a severe seasonal influenza, even in advanced countries with highly effective health care systems. Id. For people in the highest risk populations, the fatality rate of COVID-19 is about fifteen percent. Id. High-risk patients who survive should expect prolonged recovery, including the need for extensive rehabilitation for profound reconditioning, loss of digits, neurological damage, and loss of respiratory capacity. Id.
The most effective strategy for limiting the spread of the disease is social distancing— deliberately keeping at least six feet of space between persons to avoid spreading the illness— combined with a vigilant hygiene regimen, including washing hands frequently and thoroughly with soap and water, and disinfecting surfaces. Amon Decl. ¶ 18. Following the recommendation of public health experts, government officials across the country have taken extraordinary measures to implement social distancing to minimize the spread of the disease, including shutting down schools, non-essential businesses, all sports activities, and courts. Id. ¶ 19. The goal of these efforts is to “flatten the curve” by spreading the rate of infection across a longer period of time to avoid overwhelming the healthcare facilities that need to treat the most serious cases of COVID-19 infection. Id. ¶ 20.
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II. THE CONDITIONS AT JAILS AND DETENTION FACILITIES LIKE ACJ PLACE ALL PERSONS DETAINED THERE AT AN EVEN GREATER AND IMMEDIATE RISK OF COVID-19 INFECTION THAN MEMBERS OF THE PUBLIC-AT-LARGE. Allegheny County has not been spared from COVID-19. As discussed above, Allegheny
County has reported over 750 cases of COVID-19 and 12 deaths,9 with reported cases doubling every six days.10 Recent data show that in the most likely infection scenarios, Pittsburgh-area hospitals will face a critical bed shortage in a matter of weeks.11 The first positive test of an incarcerated person at ACJ for COVID-19 was announced the day after the Complaint was filed in this case.12 Without adequate testing, it is impossible even to know how many in ACJ are already infected; it is likely that COVID-19 cases will grow rapidly inside the ACJ. At least one Petitioner, Heather Connolly, has exhibited symptoms consistent with COVID-19, yet she has not been tested, quarantined, or received any medical treatment. Declaration of Heather Connolly ¶¶ 5, 7–9, 13, 15 (Apr. 2, 2020) (“Connolly Decl.”), attached hereto as Exhibit C.
Given the way COVID-19 spreads throughout a population, it is undeniable that ACJ’s detainee population faces a severe threat of infection. A detention facility like ACJ is the exact type of congregated environment—where people live, eat, bathe, and sleep in close proximity— where COVID-19 infection thrives. Amon Decl. ¶ 23; Golob Decl. ¶ 13. Particularly vulnerable people in such settings, especially those high-risk individuals over the age of 55 and suffering from
9 Pa. Dep’t of Health, COVID-19 Cases in Pennsylvania (last updated Apr. 9, 2020, 12:00pm), https://bit.ly/2UKL0d2 (last visited Apr. 9, 2020). 10 Coronavirus in the U.S.: Latest Map and Case Count, NYTimes.com (last updated Apr. 9, 2020, 8:03am), https://nyti.ms/34hDSb4 (last visited Apr. 9, 2020). 11 Eric Heyl, Coronavirus: Pittsburgh Hospitals Expected to Have Bed Shortages, Patch.com (Mar. 18, 2020), available at https://bit.ly/2UY2JfU. 12 Inmate at Allegheny County Jail tests positive for COVID-19, Pittsburgh Post Gazette (April 8, 2020), https://bit.ly/3aX3qNd.
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certain preexisting medical conditions, face a far greater risk of infection, severe illness, and death than those free to isolate in their homes or avoid groups of people. Amon Decl. ¶¶ 22–30, 42–46.
This increased risk is present in every jail, given those facilities’ very natures. Id. ¶ 23. People incarcerated in these facilities live in cramped conditions and are forced into close contact with each other and prison staff, including corrections officers. Id. They may be unable to maintain the recommended distance of six feet from others at all times and thereby cannot achieve the requisite social distancing needed to effectively prevent the spread of COVID-19. Id. They likely share or touch objects used often by others and cleaned infrequently. Id. at ¶¶ 23, 27. In addition to eating, sleeping, recreating, and living close to each other, they have to share bathroom facilities—showers, toilets, and sinks—without adequate cleaning between uses. Id. ¶ 23. Food is prepared, served, and consumed communally and without proper precautions or disinfection. Id. Additionally, many detainees, including all of Petitioners, suffer from chronic, often untreated illnesses. See id. ¶¶ 11–15. These people thus remain virtually helpless to mitigate against the very preexisting conditions that place them at a higher risk should they become infected by COVID-19, given that ACJ (like most jails) lacks the medical care to treat sick detainees. Id. ¶¶ 23, 26. Insufficient medical treatment capabilities also make it nearly impossible to treat infected detainees, let alone prevent the further spread of COVID-19 throughout the jail population. Id. ¶¶ 23, 26.
Public health experts across the Country, including within the federal government, agree that jails and detention centers like ACJ present a tinderbox scenario though which COVID-19 infections could burn before spilling over into the surrounding communities. In response, the CDC has issued guidance for correctional facilities, which specifically recommends, among other things, that jails like ACJ implement social distancing to increase space between incarcerated
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people to six feet. Amon Decl. ¶ 24.13 But jails have proven to be incapable of implementing
CDC recommendations, and incarcerated people are already dying nationwide as a result. Id.
¶¶ 31, 33. The dramatic outbreaks in the Cook County Jail and Rikers Island in New York City
make this perfectly clear, where the transmission rate for COVID-19 is estimated to be the highest
in the world. Golob Decl. ¶ 12. For instance, in Rikers Island, 21 inmates and 17 employees tested
positive for COVID-19 on March 21. Amon Decl. ¶ 31. By March 26, the number grew to 75
inmates and 37 employees. Id. And by March 31, 141 staff and 180 inmates had tested positive.
Id. Overall, the current infection rate of COVID-19 in New York jails is seven times the rate of
infection in New York City generally and 87 times higher than in the entire United States. Id. The
death toll is rising, as six correctional officers and a captain have died in the last three weeks in New York City, all but one of them employed at Rikers Island.14 Meanwhile, Cook County Jail in Chicago has become the largest known source of COVID-19 infections in the Nation.15 In just
over two weeks, the number of confirmed cases ballooned from 2 to 238 detainees and 115 staff, with the first confirmed death from COVID-19 on April 5, 2020.16
III. THE CURRENT CONDITIONS IN WHICH DEFENDANTS HAVE CONFINED PETITIONERS AND CLASS MEMBERS IN ACJ ONLY EXACERBATE THE ALREADY EXTREME AND IMMINENT DANGER THEY FACE OF CONTRACTING AND POSSIBLY DYING FROM COVID-19. Declarations from Petitioners, their experts, and others incarcerated at ACJ document the
multiple ways Defendants continue to defy CDC recommendations at ACJ by continuing to force
13 See also Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities (Mar. 23, 2020) available at https://bit.ly/2UKYGES. 14 Chelsia Rose Marcius, Coronavirus claims the lives of at least 6 NYC correction officers, 1 captain, New York Daily News (April 7, 2020, 2:45 p.m.), https://bit.ly/2VdaAGF. 15 Timothy Williams and Danielle Ivory, Chicago’s Jail is Top U.S. Hot Spot as Virus Spreads Behind Bars, New York Times (April 8, 2020, 7:40 p.m.), https://nyti.ms/2x7LYHr. 16 Id.; Cook County Jail reports first detainee death from coronavirus, CNN (April 8, 2020 7:45 p.m.), https://cnn.it/3b88NcN.
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Petitioners and other detainees to sleep, eat, recreate, and use the phone in close proximity—among other things—with no social distancing or other efforts to minimize the spread of COVID-19. See Amon Decl. ¶ 27 (explaining ACJ has failed to implement the basic procedures to minimize the spread of COVID-19). Defendants thus have created conditions of confinement at ACJ that fall hopelessly short of expert recommendations and increase the risk that Petitioners and the class members will contract COVID-19, which creates an imminent and immediate threat to their health and lives, especially for members of the Medically Vulnerable17 and Disability18 Subclasses.
A. Defendants Have Refused To Take The Most Basic Precautions, Like Social Distancing, To Limit The Spread Of COVID-19 In The ACJ.
In recognition of the threat that COVID-19 poses to the jail, approximately 600 detainees have been released from ACJ in the past few weeks.19 But Defendants have not leveraged the resulting additional capacity to implement recommended and necessary social distancing measures. Rather than spread people out across the facility and ensure each person gets his or her own cell, paradoxically, Defendants have done just the opposite by consolidating the prison’s operations into discrete parts of the jail, ignoring the substantial number of empty cells on the pods, and placing two detainees in each cell. See Declaration of Alexus Diggs ¶¶ 4, 15 (Apr. 5, 2020) (“Diggs Decl.”), attached hereto as Exhibit D; Connolly Decl. ¶¶ 5, 14, 17; Declaration of Larnell Jones ¶ 9 (Apr. 3, 2020) (“Jones Decl.”), attached hereto as Exhibit E; Declaration of Michael
17 The Complaint defines the “Medically Vulnerable” subclass as “all current and future persons held at ACJ who are 55 and older, as well as all current future persons held at ACJ of any age” who have been diagnosed with certain preexisting conditions making them more susceptible to critical illness and death should they become infected with COVID-19. See Compl. ¶ 77. 18 The Complaint defines the “Disability” subclass as “all current and future persons held at ACJ who have a physical impairment that substantially limits one or more of their major life activities and who are at increased risk of COVID-19 illness, injury, or death due to their disability or any medical treatment necessary to treat their disability,” and providing examples. See Compl. ¶ 78. 19 Jacob Tierney, More than 600 Inmates Released from Allegheny County Jail in Pittsburgh to Slow Pandemic, TribeLive (March 31, 2020 6:36pm), https://bit.ly/2Vih3jk.
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Graham ¶¶ 16–17 (Apr. 4, 2020) (“Graham Decl.”), attached hereto as Exhibit F; Declaration of Terry Suggs ¶¶ 8, 10 (Apr. 3, 2020) (“Suggs Decl.”), attached hereto as Exhibit G; Declaration of Shaquille Howard ¶¶ 7-8 (Apr. 8, 2020) (“Howard Decl.”), attached hereto as Exhibit H.
The risks of double-celling people during a global pandemic are apparent and defy logic. ACJ’s cells are too small for two people to stand inside and remain six feet away from each other, as the CDC has urged—if not ordered—hundreds of millions of Americans to do. There simply is no way for someone to practice social distancing while confined to a cell with another person. The detainees sleep in bunk beds and share a desk, a toilet, and a sink in each cell. Connolly Decl. ¶ 6; Suggs Decl. ¶ 9. Further, cellmates may change frequently. See e.g., Connolly Decl. ¶¶ 11– 12, 14; Jones Decl. ¶¶ 8, 10; Suggs Decl. ¶ 8. Adding insult to injury, it makes no sense for ACJ to be instituting such demonstrably unsafe practices with plenty of empty cells all over the jail.
Defendants do not allow ACJ detainees any opportunity to practice social distancing even outside of their cells. Multiple times a day, between 40 and 100 detainees receive their meals together and take them to tables in the dayroom. This is far more than the 10-person limit the CDC and many jurisdictions recommend for any congregation of persons.20 The tables at which detainees must eat their meals are four-feet-by-four-feet squares and sit four people, with one person on each side; there simply is no opportunity for practicing social distance during meals. Suggs Decl. ¶¶ 11, 13; Jones Decl. ¶¶ 11, 13; Graham Decl. ¶¶ 14–15; Amon Decl. ¶ 26
Defendants also have ignored any efforts to implement social distancing during recreation at the ACJ. The recreation area remains crowded, with approximately 40 to 50 people freely
20 See Centers for Disease Control and Prevention, Resources for Large Community Events & Mass Gatherings, Before and During an Outbreak (Mar. 21, 2020), https://bit.ly/2yJxaPz (recommending for communities with “minimal or moderate spread” that “organizations that serve people who are at higher risk of serious COVID-19 illness, cancel events for groups of 10 people or more”).
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released at the same time during recreation—many playing basketball, exercising, and engaging in other group recreational activities—all unable to maintain the six-foot distance recommended for social distancing. Suggs Decl. ¶¶ 11–12; Jones Decl. ¶¶ 11–12; Graham Decl. ¶ 15.
It is the same story with the communal phones. Because ACJ prohibits visitors, telephone calls are the only lifeline to their friends and family for many of the detainees. As a result, the telephone bays frequently are crowded, where detainees jam shoulder-to-shoulder next to each other. Suggs Decl. ¶ 16; Jones Decl. ¶¶ 16–17; Graham Decl. ¶ 15. And Defendants do not disinfect or sanitize the phones in between the calls. Suggs Decl. ¶ 16; Jones Decl. ¶ 18; Graham Decl. ¶ 15.
B. Defendants Maintain Dangerous, Unsanitary Conditions At ACJ And Do Not Provide Appropriate Medical Care.
Defendants also do not conduct sanitary procedures sufficient to promote proper personal hygiene or ensure that common areas shared by many detainees remain clean. For example, Defendants do not sanitize or clean the unit showers between uses, despite their being shared by multiple individuals. Connolly Decl. ¶ 20; Suggs Decl. ¶ 17; Jones Decl. ¶ 19; Graham Decl. ¶ 17; Diggs Decl. ¶ 18. And Defendants regularly deny detainees cleaning materials necessary to engage in personal hygiene or to clean their cells or common areas. Although regular, frequent handwashing is vital for limiting the spread of COVID-19 from one person to another, Defendants permit detainees access to only one bar of soap per week. Graham Decl. ¶ 16; Suggs Decl. ¶ 20. Unsurprisingly, detainees often run out of soap completely. See Graham Decl. ¶ 16 (explaining he has been without a bar of soap since April 1st). Defendants have not increased cleaning the prison generally; the common areas are cleaned depending on whatever staff member is on duty, whereas the cells simply are not cleaned regularly. Connolly Decl. ¶ 21; Diggs Decl. ¶¶ 18, 19; Graham Decl. ¶ 19. Shockingly, at a time when detainees are in need of cleaning supplies more
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than ever before, Defendants refuse to make these supplies available so that detainees can sanitize their own cells. Diggs Decl. ¶ 17; Connolly Decl. ¶ 19; Jones Decl. ¶ 20; Graham Decl. ¶19; Suggs Decl. ¶ 18. Rather, Defendants have let ACJ fester. As an example, Plaintiff Connolly, while in her cell with possible COVID-19 symptoms, experienced waste water leaking into her cell from the cell above. Connolly Decl. ¶ 10. She had to use her clothes and other personal belongings to clean up the waste water from her cell. Id.
Perhaps Defendants’ most concerning failure is the utter lack of medical staffing at ACJ. As of February 26, 2020, the jail had 48 health care vacancies out of an expected health care staff of approximately 136 full and part-time positions. That means around one-third of all health care positions at the jail are vacant, though the situation may be even worse due to the substantial number of leadership and full-time positions that are vacant. See ACJ Employees List & ACJ Health Vacancies, attached hereto as Exhibit I. As is common in prisons and jails throughout the Country, the provision of medical care at ACJ suffers from serious inadequacies under normal circumstances. In this time of crisis, the staff and resources at ACJ will undoubtedly be overwhelmed, and subsequent overflow will flood local hospitals, already expected to be taxed in the upcoming weeks. Medical staff at ACJ are already failing to provide adequate care or even temperature checks to individuals experiencing COVID-19 symptoms. Connolly Decl. ¶¶ 4–9, 11; Jones Decl. ¶¶ 23–25; Suggs Decl. ¶¶ 23–24; Howard Decl. ¶¶ 10–13.
C. Defendants Do Not Properly Intake, Test, And Quarantine Persons Suspected Of COVID-19 Infection.
Defendants’ intake process at ACJ similarly is woefully inadequate. Amon Decl. ¶¶ 29– 30. For instance, a newly admitted 57-year-old cellmate of Mr. Suggs spent a mere four days in intake before he was placed in a general housing cell with a medically vulnerable cellmate. Suggs Decl. ¶ 8.
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Even more troubling, ACJ currently does not test its employees or staff for COVID-19, despite the very real possibility that one (or more) is a carrier who will bring the virus into the facility. See Letter to Orlando L. Harper, Warden, Re: Continuing of Operations Plan: COVID-19 (Updated) at 3–4 (Mar. 30, 2020) (“ACJ COVID-19 Policies”) (describing employee screening involving temperature taking and questions, and noting that employees with fevers high enough to prevent them working can arrange for “[t]esting . . . through the Allegheny County Health Department”), attached hereto as Exhibit J. This failure is alarming. Data from other jurisdictions show that the rates of infection among correctional officers, generally, are high. Amon Decl. ¶¶ 31–33. There is no reason to suspect this is not the case at ACJ, especially where recent reporting suggests the opposite.21
Moreover, as Dr. Amon has recognized, Defendants have made no efforts “to identify and properly isolate individuals at high risk, those with potential exposure,” or “those with symptoms consistent with COVID-19.” Id. ¶ 28. ACJ does not even have sufficient tests to identify disease carriers or sufficient physical and medical infrastructure. Id. ¶ 34. If a person at AJC presents with COVID-19 symptoms, Defendants allow that person to remain in their cell, with a cellmate, and fail to offer them frequent visits or temperature checks from the medical staff. See Connolly Decl. ¶¶ 4–9. Plaintiff Connolly is a cautionary, but likely not unique, example in this regard. After feeling feverish for over a week and later expressing symptoms consistent with COVID-19 (nausea, shortness of breath, among others), the only medical care given was one temperature check, which merely confirmed her fever. See Connolly Decl. ¶¶ 5–9, 15. Defendants never took her to the infirmary nor did they test her, isolate her, or even clean her cell. Id. ¶¶ 9, 13. Shortly
21 Ryan Deto, An Employee at the Allegheny County Jail Has Tested Positive for COVID-19, Pittsburgh City Paper (Mar. 27, 2020), https://bit.ly/2V1HhGV.
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thereafter, her cellmate developed a high fever and extreme shortness of breath, but remained in the cell with Ms. Connolly for multiple days before being transferred to the infirmary. Id. ¶¶ 11– 12. Another detainee, Terry Suggs, also suffered from a fever but was not isolated, tested, or provided any medical care other than a temperature check. Suggs Decl. ¶ 24. And although ACJ is supposed to give masks to persons likely infected with COVID-19, see ACJ COVID-19 Policies at 11, masks and other personal protective equipment (“PPE”) are not readily available throughout the facility, Suggs Decl. ¶¶ 19, 24.
D. Petitioners And Other Members Of The Medically Vulnerable Subclass Must Be Released From Custody Immediately, Given Their Heightened Risk Of Becoming Critically Ill Or Dying If Infected By COVID-19.
Given the current conditions at ACJ, Petitioners and the other members of the Medically Vulnerable Subclass must be immediately released. As recognized by Dr. Amon, “the release of individuals who can be considered at high-risk of severe disease if infected with COVID-19”— i.e., Petitioners and other members of the Medically Vulnerable Subclass—is “a key part of a risk mitigation strategy.” Amon Decl. ¶ 43. After release, those high-risk individuals can self-isolate and further protect themselves from infection. Id. ¶¶ 43, 46. In fact, Dr. Amon advocates that prisons like ACJ generally release people, regardless if they are particularly high-risk, given that doing so would reduce the number of individuals in the facility and promote social distancing practices for those that remain. Id. ¶ 45. In the event that vulnerable detainees have been exposed to COVID-19 while in prison, Dr. Amon recommends testing where possible and releasing such detainees to a quarantine setting other than the prison facility in coordination with local health authorities. Id. ¶ 44.
This is true for all members of the Medically Vulnerable Subclass, given the age and preexisting medical conditions of those persons, which render them at an increased risk of becoming seriously ill and dying if infected with COVID-19. See supra at pp. 5–7. Additionally,
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as described above, all Petitioners have underlying medical conditions or are of an age that
increases their risk of serious illness or death if exposed to COVID-19:
• Petitioner Michael Graham is a 38-year-old man who is being held at ACJ on a probation detainer and a misdemeanor charge who is unable to make bail of $5,000. Graham Decl. ¶¶ 1, 3–4. He has been diagnosed with asthma and hepatitis C, conditions that have substantially limited his respiratory and digestive systems, making him a qualified individual with a disability under the ADA. Id. ¶ 2. His underlying health conditions place him at high risk of severe illness or death if he contracts COVID-19. Id.
• Petitioner Alexus Diggs is a 24-year-old woman who is being held at ACJ on a probation detainer and a misdemeanor charge and bail of $100. Diggs Decl. ¶¶ 1–3. She has been diagnosed with hypertension, a condition that has substantially limited her circulatory system, making her a qualified individual with a disability under the ADA. Her underlying health conditions place her at increased risk of severe illness or possible death if she contracts COVID-19. Id. ¶ 1. On April 1, she started noticing scratchiness in her throat, and the next day started sneezing and having a runny nose. She has never been tested and has no way to know if she has COVID-19 or a simple cold. Id. ¶¶ 5–6. She is in a double cell and has remained there despite these symptoms. Id. ¶ 4. She fears for her health and life if she remains at ACJ. Id. ¶ 21.
• Plaintiff Heather Connolly is a 48-year-old woman who is being held at ACJ on a probation detainer and a misdemeanor charge and is unable to make bail of $10,000. Connolly Decl. ¶¶ 1–3. She has been diagnosed with hepatitis C, a viral infection of the liver that has substantially limited her digestive system, making her a qualified individual with a disability under the ADA. Id. ¶ 1. She is in a double cell, despite showing possible symptoms of COVID-19. Id. ¶ 14. Her underlying health conditions place her at increased risk of severe illness or possible death if she contracts COVID19. Id. ¶ 1. She fears for her health and life if she remains at ACJ. Id. ¶ 23.22
Accordingly, given the extreme risks Petitioners and members of the Medically Vulnerable
Subclass face should they be required to remain at ACJ, they should be ordered released
immediately. That is the only way to protect them from becoming critically ill and likely dying.
LEGAL STANDARD
On a motion for a preliminary injunction, the plaintiff “must establish that he is likely to
succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary
22 For these reasons, too, all Petitioners have conditions that qualify them as individuals with disabilities under the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq.
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relief, that the balance of the equities tips in his favor, and that an injunction is in the public interest.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); Issa v. Sch. Dist. of Lancaster, 847 F.3d 121, 131 (3d Cir. 2017) (same). A motion for a preliminary injunction requires the Court to “engage in a delicate balancing of all the elements, and attempt to minimize the probable harm to legally protected interests.” Schechtman v. Bonfilio, No. 09-00144, 2009 WL 1175674, at *1 (W.D. Pa. Apr. 30, 2009) (citing Constructors Ass’n of W. Pa. v. Kreps, 573 F.2d 811, 815 (3d Cir. 1978)). Courts have broad power to fashion equitable remedies to address constitutional violations in prisons, Hutto v. Finney, 437 U.S. 678, 687 n.9 (1978), including, “[w]hen necessary to ensure compliance with a constitutional mandate,” orders “placing limits on a prison’s population,” Brown v. Plata, 563 U.S. 493, 511 (2011). Courts “must not shrink from their obligation to enforce the constitutional rights of all persons, including prisoners” and “may not allow constitutional violations to continue simply because a remedy would involve intrusion into the realm of prison administration.” Id. at 511 (citations and quotation marks omitted)).
ARGUMENT I. PETITIONERS AND MEMBERS OF THE PROPOSED CLASS ARE ENTITLED
TO EQUITABLE RELIEF TO PREVENT THEM FROM INFECTION, DEATH, OR SERIOUS COMPLICATIONS FROM COVID-19. A. Petitioners’ Likelihood Of Success On The Merits Warrants Immediate
Injunctive Relief. Petitioners and the other pretrial detainees in the Proposed Class are likely to prevail on the claim that the conditions of confinement at ACJ and Defendants’ deliberate indifference to their health and safety in the face of the current pandemic violate their Fourteenth Amendment due process rights. These constitutional violations entitle (1) Petitioners and the Medically Vulnerable Subclass to immediate release under § 2241, and (2) Petitioners and all pretrial detainees as part of the Proposed Class to injunctive relief under § 1983. Additionally, Petitioners and the Disability
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Subclass are likely to prevail on the claim that Defendants are discriminating against them on the basis of a disability in violation of the Americans with Disabilities Act (“ADA”). This unlawful, discriminatory conduct also entitles Petitioners and the Disability Subclass to injunctive relief.
Record evidence—in the form of sworn declarations from residents in Defendants’ custody, expert opinions from an epidemiologist and a physician with particular specialties in infectious diseases, and state and federal guidance—amply demonstrate the breadth and scope of Defendants’ unconstitutional and unlawful actions and inactions. Petitioners and the Medically Vulnerable Subclass are at a heightened risk of critical illness or death. This situation is tragic, unconstitutional, and unlawful, and the Court must act now to protect these individuals.
1. Petitioners and Proposed Class Members Are Likely to Succeed on the Merits of their § 2241 and § 1983 Claims. a. The Conditions of Confinement at ACJ Violate the Fourteenth Amendment and Constitute Unconstitutional Punishment.
As pretrial detainees who have not been convicted of a crime, the Fourteenth Amendment protects Petitioners and pretrial detainees in the Proposed Class from any form of punishment. See Bell v. Wolfish, 441 U.S. 520, 535 n.16 (1979) (“Due process requires that a pretrial detainee not be punished.”); Hubbard v. Taylor, 399 F.3d 150, 166 (3d Cir. 2005) (Hubbard I) (same). When deciding whether challenged conditions of confinement amount to punishment, courts ask “whether a condition of confinement is reasonably related to a legitimate governmental objective; if it is not, [courts] may infer ‘that the purpose of the governmental action is punishment that may not be constitutionally inflicted upon detainees qua detainees.’” E.D. v. Sharkey, 928 F.3d 299, 307 (3d Cir. 2019) (quoting Hubbard v. Taylor, 538 F.3d 229, 232 (3d Cir. 2008) (Hubbard II)); see also Thakker v. Dell, No. 20-00480, 2020 WL 1671563, at *7 (E.D. Pa. Mar. 31, 2020) (citing Hubbard II, 538 F.3d at 232) (similar).
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Here, the conditions of confinement imposed on Petitioners and other pretrial detainees at ACJ amount to unconstitutional punishment in violation of the Fourteenth Amendment’s due process clause, given that those conditions place them at significant increased risk of COVID-19 and are unreasonably related to any legitimate government objective. As discussed above, detention facilities like ACJ place detainees at an even greater and immediate risk of contracting COVID-19 than members of the public-at-large. See supra pp. 8–10. Yet, the current conditions of confinement fail to protect Petitioners and pretrial detainees from the increased risk of COVID19. Defendants have not implemented social distancing practices at ACJ. See supra § pp. 10–13. Defendants maintain dangerous, unsanitary conditions at ACJ. See supra § pp. 13–14. And most disturbingly, Defendants do not test, quarantine, or provide the medical care necessary to protect detainees from the threat of COVID-19. Id.
As was the case in Thakker v. Doll, a recent decision from the Middle District of Pennsylvania that ordered the immediate release of civil detainees, the conditions of confinement at ACJ have “no rational relationship between a legitimate government objective” and keeping Petitioners and pretrial detainees in the Proposed Class “detained in unsanitary, tightly-packed environments.” 2020 WL 1671563, at *8. Rather, doing so clearly constitutes unconstitutional punishment that violates the rights of all pretrial detainees in the Proposed Class and their Fourteenth Amendment due process rights. See id. at *7–8 (citing Hubbard II, 538 F.3d at 232). Thakker comports with recent decisions from courts around the Country holding that detainees suffer unconstitutional punishment when held in conditions that increase their exposure to COVID-19. For example:
• Order at 17, Hernandez v. Wolf, No. 20-00617, Dkt. No. 17 (C.D. Cal. Apr. 1, 2020) (“Hernandez has not been protected. He is not kept at least 6 feet apart from others at all times. He has been put into a situation where he has been forced to touch surfaces touched by other detainees, such as with common
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sinks, toilets and showers. Moreover, the Government cannot deny the fact that the risk of infection in immigration detention facilities – and jails – is particularly high if an asymptomatic guard, or other employee, enters a facility. While social visits have been discontinued at Adelanto, the rotation of guards and other staff continues.”), attached hereto as Exhibit K.
• Castillo v. Barr, No. 20-00605, 2020 WL 1502864, at *5–6 (C.D. Cal. Mar. 27, 2020) (“Civil detainees must be protected by the Government. Petitioners have not been protected.”)
• Basank v. Thomas, No. 20-02518, 2020 WL 1481503, at *1, 5 (S.D.N.Y. Mar. 26, 2020) (“Each Petitioner suffers from chronic medical conditions, and faces an imminent risk of death or serious injury in immigration detention if exposed to COVID-19. . . . . Respondents represented that ICE and the detention facilities in which Petitioners are housed are taking certain measures to prevent the spread of virus: screening detainees upon intake for risk factors, isolating detainees who report symptoms, conducting video court appearances with only one detainee in the room at a time, providing soap and hand sanitizer to inmates, and increasing the frequency and intensity of cleaning jail facilities. These measures are patently insufficient to protect Petitioners.” (paragraph break omitted)).
Even more, these decisions comport with a growing trend of decisions that recognize relief is
necessary to protect pretrial detainees from the risks associated with COVID-19, including the
following examples:
• Order, U.S. v. Hector, No. 20-04183 (4th Cir. Mar. 27, 2020) (reversing denial of release pending appeal and ordering the district court to “consider the severity of the risk that the COVID-19 virus poses to appellant given her existing medical conditions”), on remand, Order, No. 18-002, Dkt. 748 (W.D. Va. Mar. 27, 2020) (granting release pending sentencing), attached hereto as Exhibit L.
• Order, Xochihua-Jaimes v. Barr, No. 18-71460 (9th Cir. Mar. 23, 2020) (ordering sua sponte the release of a civil detainee under 8 U.S.C. § 1252(b)(3)(B) and 28 U.S.C. § 1651(a)) (“In light of the rapidly escalating public health crisis, which public health authorities predict will especially impact immigration detention centers, the court sua sponte orders that Petitioner be immediately released from detention and that removal of Petitioner be stayed pending final disposition by this court.”), attached hereto as Exhibit M.
• Order, U.S. v. Bolston, No. 18-00382, Dkt. No. 20 (N.D. Ga. Mar. 30, 2020) (releasing defendant in part because “the danger inherent in his continued
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incarceration at the R.A. Deyton Detention Facility . . . during the COVID-19 outbreak”), attached hereto as Exhibit N.
• Order, U.S. v. Kennedy, No. 18-20315, Dkt. No. 77 (E.D. Mich. Mar. 27, 2020) (releasing defendant in light of the threat that COVID-19 poses to prisoners), attached hereto as Exhibit O.
• Order, U.S. v. Michaels, No. 16-00076, Dkt. No. 1061 (C.D. Cal. Mar. 26, 2020) (granting temporary release because “Michaels has demonstrated that the Covid-19 virus and its effects in California constitute ‘another compelling reason’”), attached hereto as Exhibit P.
• Order, U.S. v. Harris, No. 19-00356, Dkt. No. 36, 2020 WL 1503444 (D.D.C. Mar. 26, 2020) (“The Court is convinced that incarcerating Defendant while the current COVID-19 crisis continues to expand poses a far greater risk to community safety than the risk posed by Defendant’s release to home confinement on . . . strict conditions.”), attached hereto as Exhibit Q.
Simply put, there is “no rational relationship between a legitimate government objective
and keeping [Petitioners and other pretrial inmates] detained in unsanitary, tightly-packed
environments—doing so would constitute a punishment to Petitioners.” Thakker, 2020 WL
1671563, at *8.
b. Defendants Are Deliberately Indifferent to the Health and Safety of Petitioners and Other Pretrial Inmates in Violation of the Fourteenth Amendment.
Pretrial detainees, like Petitioners, who are in the Proposed Class are “entitled to more
considerate treatment and conditions of confinement than criminals whose conditions of
confinement are designed to punish.” Aruanno v. Johnson, 683 F. App’x 172, 175 (3d Cir. 2017)
(quoting Youngberg v. Romeo, 457 U.S. 307, 321–22 (1982)). As a result, conditions that violate
the Eighth Amendment necessarily also violate a pretrial detainee’s due process rights under the
Fourteenth Amendment. See Natale v. Camden Cty. Corr. Facility, 318 F.3d 575, 581 (3d Cir.
2003) (explaining “Fourteenth Amendment affords pretrial detainees protections ‘at least as great
as the Eighth Amendment protections available to a convicted prisoner’” (quoting City of Revere
v. Mass. Gen. Hosp., 463 U.S. 239, 244 (1983))).
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To prevail on an Eighth Amendment conditions of confinement claim, a plaintiff must meet two requirements: (1) the deprivation alleged must objectively be “sufficiently serious,” and (2) the “prison official must have a sufficiently culpable state of mind,” such as deliberate indifference to the prisoner’s health or safety. See Thomas v. Tice, 948 F.3d 133, 138 (3d Cir. 2020) (quoting Farmer v. Brennan, 511 U.S. 825, 834 (1994)).
Leaving those in custody in the path of infectious disease easily satisfies the first prong. The Supreme Court held in Helling v. McKinney that the government violates the Eighth Amendment when it crowds prisoners into cells with others who have “infectious maladies” or otherwise exposes prisoners “to a serious, communicable disease.” 509 U.S. 25, 33 (1993) (citing Hutto v. Finney, 437 U.S. 678, 682 (1978)). This is true “even though the possible infection might not affect all of those exposed.” Id.
Petitioners also satisfy the second prong because Defendants are undeniably aware of the serious risk that COVID-19 poses to Petitioners and other pretrial inmates. Defendants dedicated a page on the ACJ’s website to the threat that COVID-19 poses to the detainees, and specifically admitted that “[c]onfined areas present challenges when it comes to mitigation and elimination of the spread of illness or disease, and COVID-19 is no exception.”23 They are also undoubtedly aware of the efforts by the Court of Common Pleas and county officials to release over 600 people in direct response to the disease. See supra at p. 11. Defendants then rejected this opportunity at improving conditions and instead made ACJ even more dangerous for the remaining detainees. Despite the clear nature of the risk, Defendants have not remedied the dangerous conditions for those who remain at ACJ.
23 Allegheny County, Allegheny County Jail, COVID-19 Alert: Our Response, https://bit.ly/2wkEEYl (last visited Apr. 9, 2020).
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Despite this actual knowledge, Defendants continue to disregard the excessive risk ACJ’s conditions of confinement place on the health and safety of Petitioners and other pretrial detainees in the Proposed Class. Specifically, Petitioners’ expert, Dr. Amon, recognized that ACJ has not adopted the procedures needed to prevent the spread of COVID-19. Amon Decl. ¶ 27. In particular, Dr. Amon criticized ACJ’s practices of keeping multiple individuals “for extended periods of time in the intake area, typically with 10 or more people sharing a single toilet or sink” with “[o]nly cursory medical screening”; double-celling “[a] significant number of people”; limiting “[a]ccess to soap,” and “access to personal hygiene and cleaning supplies”; forcing “many people” to share “the same shower area, without any sanitation between individual uses”; using “small” dining tables for meals, which prevent appropriate social distancing during meal times; and providing “inadequate” “[a]ccess to medical care.” Id. ¶ 26. More broadly, Dr. Amon recognized that ACJ takes no steps “to identify and properly isolate individuals at high risk, those with potential exposure” or “those with symptoms consistent with COVID-19.” Id. ¶ 28. Indeed, facilities like ACJ lack basics such as sufficient tests to identify disease carriers or sufficient physical and medical infrastructure. Id. ¶ 34.
The evidence establishes that COVID-19 poses a serious risk of which Defendants are unquestionably aware. Their failure to undertake measures to protect detainees against the risk of COVID-19 is deliberate indifference to that risk, in violation of the constitutional rights of Petitioners and other pretrial detainees in the Proposed Class.
2. Petitioners and the Disability Subclass are Likely to Succeed on the Merits of Establishing an Americans with Disabilities Act Violation.
The Americans with Disabilities Act (“ADA”) is “a remedial statute, designed to eliminate discrimination against the disabled in all facets of society” and “must be broadly construed to effectuate its purposes.” Schorr v. Borough of Lemoyne, 243 F. Supp. 2d 232, 235 (M.D. Pa. 2003)
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(citing Tcherepnin v. Knight, 289 U.S. 332, 335 (1967)). To establish a claim for relief under Title II of the ADA, 42 U.S.C. § 12101 et seq., a plaintiff must establish “that he is a qualified individual with a disability, who was precluded from participating in a program, service, or activity, or otherwise was subject to discrimination, by reason of his disability.” Chmiel v. Pennsylvania Dep’t of Corr., No. 18-1691, 2020 WL 1332830, at *8 (W.D. Pa. Mar. 23, 2020) (quoting Furgess v. Pa. Dep’t of Corr., 933 F.3d 285, 289 (3d Cir. 2019)); see also Bowers v. NCAA, 475 F.3d 524, 553 n.32 (3d Cir. 2007). The ADA prohibits public entities, including county jails, from discriminating on the basis of disability. See, e.g., Pa. Dep’t of Corr. v. Yeskey, 524 U.S. 206, 209–10 (1998) (finding ADA protections apply to activities of correctional institutions); Chisolm v. McManimon, 275 F.3d 315, 325 (3d Cir. 2001) (“Title II of the ADA applies to services, programs and activities provided within correctional institutions.”). Under the ADA, “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subject to discrimination by any such entity.” 42 U.S.C. § 12132. Discrimination includes failing to make reasonable accommodations that would allow a person with a disability to participate in a service, program or activity. 28 C.F.R. § 35.130(b)(7); Tennessee v. Lane, 541 U.S. 509, 531 (2004) (noting Congress recognized “that failure to accommodate persons with disabilities will also have the same practical effect as outright exclusion” or discrimination).
Members of the Disability Subclass are likely to succeed on the merits of their claim that they are disabled and that Defendant Allegheny County has discriminated against them by failing to provide reasonable accommodations—in this case, heightened protections to safeguard against coronavirus exposure and COVID-19.
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First, members of the Disability Subclass are qualified individuals with disabilities. The ADA defines disability as an impairment that substantially limits “major life activities.” 42 U.S.C. § 12102(2). “Major life activities” include “the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.” Id. Each Petitioner has a physical impairment that constitutes a disability under the ADA, Amon Decl. ¶¶ 11-12, 15, and the same is true (by definition) of each member of the Disability Subclass, which is defined as all current and future persons held at ACJ who have a physical impairment that substantially limits one or more of their major life activities and who are at increased risk of COVID-19 illness, injury, or death due to their disability or any medical treatment necessary to treat their disability.24
Second, members of the Disability Subclass are precluded from safely participating in ACJ’s services, programs, and activities. “Services, programs, and activities” under the ADA “encompass virtually everything that a public entity does.” Haberle v. Troxell, 885 F.3d 171, 180 (3d Cir. 2018) (internal quotations omitted); see also Furgess, 933 F.3d at 289 (“We have confirmed these terms’ broad meaning, calling them ‘all-encompassing.’”). Due to the unique nature of detention, in which facility staff control nearly all aspects of detained individuals’ daily lives, this includes “virtually all [] prison programs,” including those involving “mobility, hygiene,
24 Members of the Disability Subclass have diagnoses including but not limited to the following: (a) lung disease, including asthma, chronic obstructive pulmonary disease (e.g. bronchitis or emphysema), or other chronic conditions associated with impaired lung function; (b) heart disease, such as congenital heart disease, congestive heart failure and coronary artery disease; (c) chronic liver or kidney disease (including hepatitis and dialysis patients); (d) diabetes or other endocrine disorders; (e) epilepsy; (f) hypertension; (g) compromised immune systems (such as from cancer, HIV, receipt of an organ or bone marrow transplant, as a side effect of medication, or other autoimmune disease); (h) blood disorders and/or (i) developmental disability. Compl. ¶ 78.
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[and] medical care.” Furgess, 933 F.3d at 290 (citing United States v. Georgia, 546 U.S. 151, 157, (2006)). By virtue of their incarceration, members of the Disability Subclass qualify for the “services, programs, and activities” of ACJ at issue, which is the safe care ACJ has a duty to provide to those in its custody.
Third, conditions at ACJ deny the Disability Subclass that safety. Allegheny County neglected its ADA obligations when it failed to provide the Disability Subclass with adequate means to protect themselves against COVID-19 and its serious complications. For these reasons, the Disability Subclass is likely to succeed on the merits of its ADA claim, either given Allegheny County’s denial of reasonable accommodations or under Title II’s separate discrimination prong.
a. Allegheny County Must Provide Reasonable Accommodations to People With Disabilities at ACJ to Avoid Harm from COVID19.
After the release of approximately 600 people due to fear of coronavirus spread, Defendant consolidated the ACJ population, double-celling people, including those in the Disability Subclass, subjecting members of the Disability Class to an even higher chance of contracting COVID-19. Based on the imminent dangers that COVID-19 presents, particularly to those in the Disability Subclass, the reasonable accommodations Allegheny County must make are those mandated by the CDC, including single celling, provision of cleaning supplies, access to soap to facilitate handwashing, and staggered dining and recreation times in numbers that permit social distancing. As Allegheny County has wholly ignored its obligations under the ADA to provide members of the Disability Class with accommodations necessary for them to safely access programs and services at ACJ, it is liable for violating the ADA. Taylor, 184 F.3d at 306; see also Wareham v. Pennsylvania Dep’t of Corr., No. 13-0188, 2014 WL 4231280, at *3 (W.D. Pa. Aug. 26, 2014) (finding that the DOC’s “[f]ailure to afford Plaintiff with a reasonable accommodation . . . is sufficient to state a claim under Title II of the ADA”).
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b. Allegheny County is Discriminating Against People With Disabilities by Failing to Alter Practices at ACJ.
Defendant Allegheny County also violates the ADA when it implements a policy or practice that is “facially neutral in [its] treatment of different groups but that in fact fall[s] more harshly on one group than another and cannot be justified by [a nondiscriminatory] necessity.” Raytheon Co. v. Hernandez, 540 U.S. 44, 52 (2003); see also Bowers v. Nat’l Collegiate Athletic Ass’n, 118 F. Supp. 2d 494, 507–08 (D.N.J. 2000), opinion amended on reargument, 130 F. Supp. 2d 610 (D.N.J. 2001) (“A disparate impact claim is one that challenges a facially neutral policy because the burdens of that policy are borne disproportionately by a particular class of people.”).
The second prong of Title II of the ADA “is a catch-all phrase that prohibits all discrimination by a public entity, regardless of the context.” Haberle, 885 F.3d at 180 (quotations omitted) (listing cases). Importantly, the ADA’s text shows Congress’ intent to provide a mechanism to seek relief from discrimination without an “affirmative animus”; indeed, “the ADA evolved from an attempt to remedy the effects of ‘benign neglect’ resulting from the ‘invisibility’ of the disabled.” Helen L. v. DiDario, 46 F.3d 325, 335 (3d Cir. 1995); see also Presta v. Peninsula Corridor Joint Powers Bd., 16 F. Supp. 2d 1134, 1136 (N.D. Cal. 1998) (demonstrating “a recognition by Congress that discrimination against persons with disabilities differs from discrimination on the basis of, for example, gender, or race. . . . [A] person with a disability may be the victim of discrimination precisely because [he] did not receive disparate treatment when [he] needed accommodation.”). The implementing regulations of the ADA “make clear” that discrimination “occurs when disabled persons, because of their disability, cannot derive a benefit from the state’s services . . . even though [they] are given the exact same services or benefits as those afforded” to the non-disabled. Belton v. Georgia, No. 10-0583, 2012 WL 1080304, *9 (N.D. Ga. March 20, 2012) (citing 28 C.F.R. § 35.130(b)(1)(ii)-(iii)); see also Taylor, 184 F.3d at 306
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(“Discrimination under the ADA encompasses not only adverse actions motivated by prejudice and fear of disabilities, but also includes failing to make reasonable accommodations for a plaintiff’s disabilities.”).
The Third Circuit has recognized that the ADA and its regulations “require that public entities take certain pro-active measures to avoid the discrimination proscribed by Title II.” Chisholm, 275 F.3d at 324-25; see also 28 C.F.R. § 35.130(b)(7) (“[a] public entity shall make reasonable modifications in policies, practices or procedures when the modifications are necessary to avoid discrimination on the basis of disability.”) (emphasis added). This is a mandate that Allegheny County has disregarded by failing to implement measures that would protect people with disabilities at ACJ from the extreme danger posed by COVID-19. Although ACJ’s current practices relating to cell assignment, meal allotments, and recreation time, among other things, are neutral on their face, they cause far more suffering and harm to people who are disabled and medically vulnerable to COVID-19 than to those who are not. See Sharpvisions, Inc. v. Borough of Plum, 475 F. Supp. 2d 514, 525 (W.D. Pa. 2007) (finding that, in violation of the ADA, defendants’ polices, impacting both disabled and non-disabled persons, would “have a greater adverse impact on persons with disabilities than on non-protected persons”); McCoy v. Tex. Dep’t Crim. Justice, No. 05-370, 2006 WL 2331055, at *7 n.6 (S.D. Tex. Aug. 9, 2006) (“[F]ailure to make reasonable accommodations to the needs of a disabled prisoner may have the effect of discriminating against that prisoner because the lack of an accommodation may cause the disabled prisoner to suffer more pain and punishment than the non-disabled prisoner.”).25 Without
25 “To provide reasonable accommodation to prevent prisoners with disabilities from enduring more punishment than non-disabled prisoners is not special treatment. For example, a bilateral amputee inmate claimed that because there were no handrails in the shower and toilet area, he repeatedly fell and hurt himself while trying to use the facilities. To provide accommodations to remedy this problem only ensures that the disabled prisoner does not suffer psychologically or
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meaningful changes to ACJ’s current practices, members of the Disability Subclass are more likely to experience increasingly negative outcomes associated with COVID-19, including critical illness and likely death. Consequently, as ACJ has not yet made any efforts to modify its policies to protect individuals with disabilities who are particularly vulnerable to COVID-19, the Disability Subclass has a high likelihood of success on the merits of their ADA claim.
3. The Court Is Empowered to Grant Injunctive Relief to Abate Defendants’ Unconstitutional and Unlawful Conduct. a. The Constitutional Violations Warrant Immediate Relief under § 2241 for Petitioners and Members of the Medically Vulnerable Subclass.
This Court has the power to issue immediate writs of habeas corpus releasing Petitioners and the Medically Vulnerable Subclass on account of the constitutional violations discussed above. 28 U.S.C. § 2241 provides relief for incarcerated people who allege violations of the Constitution that make the fact of their confinement illegal. 28 U.S.C. § 2241(c)(3); see also Preiser v. Rodriquez, 411 U.S. 475, 494 (1973) (habeas corpus permits prisoners to attack “the fact or length of confinement” and seek “immediate or more speedy release”); Woodall v. Fed. Bureau of Prisons, 432 F.3d 235, 242–44 (3d Cir. 2005) (Becker, J.) (habeas corpus permits prisoners to attack “execution” of their sentence, which includes manner and method of detention); Leamer v. Fauver, 288 F.3d 532, 540 (3d Cir. 2002) (habeas corpus review available “where the deprivation of rights is such that it necessarily impacts the fact or length of detention”). Petitioners seek writs of habeas corpus as release is the only means to protect them from constitutionally deficient conditions that place them at a substantial risk of severe injury or death from COVID-19 while at ACJ. ACJ’s failure to enact basic mitigation policies—such as social distancing, personal hygiene,
physically more than non-disabled prisoners.” Emily Alexander, The Americans With Disabilities Act and State Prisons: A Question of Statutory Interpretation, 66 Fordham L.Rev. 2233, 2283 (1998).
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and proper medical testing and care—creates a risk to Petitioners and pretrial detainees who are in the Proposed Class that violates their constitutional rights. Due to their underlying medical conditions that make them especially susceptible to suffering critical illness and death from COVID-19, the Medically Vulnerable Subclass cannot be incarcerated at ACJ in a manner that comports with constitutional requirements. Accordingly, there is no safe alternative for the Medically Vulnerable Subclass other than release from the jail.
Petitioners thus seek immediate release for themselves and the Medically Vulnerable Subclass—not liability or damages as contemplated in a 42 U.S.C. § 1983 claim. Leamer, 288 F.3d at 540. Their claims thus fall “within the ‘core of habeas’ and require sooner release if resolved in [their] favor.” Leamer, 288 F.3d at 544; see also Robertson v. Allegheny Ct. of Com. Pleas, No. 12-1080, 2012 WL 4712034, at *2 (W.D. Pa. Aug. 22, 2012) (“Section 2241 authorizes a federal court to issue a writ of habeas corpus to a pretrial detainee who ‘is in custody in violation of the Constitution or laws or treaties of the United States.’” (quoting 28 U.S.C. § 2241(c)(3) and citing Moore v. DeYoung, 515 F.2d 437, 441–43 (3d Cir. 1975))); Holland v. Rosen, 277 F. Supp. 3d 707, 738 (D.N.J. 2017) (a “challenge to pretrial incarceration seeks a remedy available only in habeas” (quoting Wallace v. Fegan, 455 F. App’x 137, 140 (3d Cir. 2011))); Dodd v. Derose, No. 15-01088, 2015 WL 5029364, at *2 (M.D. Pa. Aug. 25, 2015) (same); Harris v. Cty. of Atlantic, No. 15-574, 2015 WL 715781, at *1 (D.N.J. Feb. 19, 2015) (same). Several courts have recently used § 2241 as the vehicle to order the immediate release of detainees facing the imminent threat of COVID-19. See, e.g., Avendano Hernandez v. Decker, No. 20-1589, 2020 WL 1547459 (S.D.N.Y. Mar. 31, 2020); Castillo v. Barr, No. 20-00605, 2020 WL 1502864 (C.D. Cal. Mar. 27, 2020); Coronel v. Thomas, No. 20-2472, 2020 WL 1487274 (S.D.N.Y. Mar. 27, 2020); Basank v. Decker, No. 20-2518, 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020).
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b. The Constitutional Violations Warrant Injunctive Relief under § 1983 for all Proposed Class Members.
This Court has the power to issue a preliminary injunction “necessary to correct” the ongoing constitutional violations at ACJ. 18 U.S.C. § 3626(a)(2); see also, e.g., Johnson v. Wetzel, 209 F. Supp. 3d 766, 778–79, 782–83 (M.D. Pa. 2016) (granting preliminary injunction enjoining plaintiff’s continued solitary confinement); Vazquez v. Carver, 729 F. Supp. 1063, 1070–71 (E.D. Pa. 1989) (granting preliminary injunction reducing prison population). Petitioners are entitled to a preliminary order from this Court directing that Defendants cure the constitutional infirmities of Petitioners’ and the Proposed Class’s conditions of confinement. As discussed above, the conditions of confinement Petitioners and the Proposed Class are forced to endure at ACJ violate the Constitution and place Petitioners and the Proposed Class in grave and immediate danger.
Accordingly, Petitioners seek an order requiring Defendants to take immediate action to remedy this ongoing constitutional violation. Specifically, Petitioners seek an order directing Defendants immediately institute policies at ACJ that are consistent with the CDC’s public health guidelines, including:
• ACJ must provide all incarcerated persons a six-foot radius (133 ft2) or more of distance between any other persons at all times, including during meals, transportation, court sessions, recreation, counts, and all other activities;
• ACJ must immediately re-open closed housing units and alter housing placements to maximize single-celling;
• ACJ must institute a safety plan to prevent a COVID-19 outbreak in the ACJ in accordance with CDC guidelines;
• ACJ must provide education to all incarcerated persons regarding the prevention methods, risks, and symptoms of COVID-19;
• ACJ must make readily available access to sanitation solutions, without charge, for the purposes of cleaning cell, dormitory, laundry, and eating areas, including sufficient antibacterial soap, and lift any ban on alcohol-based hygiene supplies, such as hand sanitizer and cleaning wipes;
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• ACJ must provide adequate and appropriate COVID-19 testing for Petitioners and Proposed Class members, all other incarcerated persons, jail staff, and visitors;
• ACJ must waive all medical co-pays for those experiencing COVID-19-like symptoms; and
• ACJ must provide sufficient personal protective equipment, particularly masks, and adequate training on how to wear those materials to all staff and incarcerated persons at ACJ.26
Petitioners further request that this Court order Defendants to take all reasonable steps necessary to meet their obligations under the Constitution and the preliminary order, including but not limited to further decreasing the detained population at ACJ should it prove that Defendants cannot enact or comply with the policies listed above. These measures are urgently needed to remedy the unconstitutional conditions of confinement and will provide the requisite reasonable accommodations to which the members of the Disability Subclass are entitled under the ADA.
c. The ADA Violations Warrant Immediate Relief for Petitioners and Members of the Disability Subclass.
This Court has the power to issue a preliminary injunction to address the need for immediate reasonable accommodations on behalf of the Disability Subclass, which includes Petitioners. See, e.g., Doe v. Nat’l Bd. of Med. Examiners, 199 F.3d 146, 153 (3d Cir. 1999) (finding that, “because the injury complained of is an injury fairly traceable to [Defendant] that would be redressed by the relief [Plaintiff] seeks,” Plaintiff had standing to seek a preliminary injunction under the ADA) (denying Plaintiff’s preliminary injunction on other grounds); Hornstine v. Twp. of Moorestown, 263 F. Supp. 2d 887, 904 (D.N.J. 2003) (granting Plaintiff’s motion for preliminary injunction under the ADA); Derrick F. v. Red Lion Area Sch. Dist., No. 06-1463, 2006 WL 2547050, at *9 (M.D. Pa. Sept. 1, 2006) (granting, in part, Plaintiff’s motion
26 See Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities (Mar. 23, 2020) available at https://bit.ly/2UKYGES; Amon Decl. ¶¶ 24-25.
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for preliminary injunction under the ADA, among other claims). As such, to the extent any of the
above requested relief is denied, members of the Disability Subclass seek and are entitled to a
preliminary order from this Court, directing Defendants to halt their current discrimination and
accommodate the disabilities of the Disability Subclass by putting reasonable modifications,
including those consistent with the CDC’s public health guidelines, described above, in place. See
supra pp. 10–18.
B. The Heightened Risk Of Infection From A Potentially Lethal Virus With No Vaccine Or Cure Is Irreparable Harm.
Denying preliminary relief will cause irreparable harm. Petitioners and the entire Proposed
Class (including the Medically Vulnerable and Disability Subclasses) will face the immediate,
serious, and apparent risk of severe illness and possible death unless the Court intervenes. See,
e.g., Basank v. Decker, No. 20-2518, 2020 WL 1481503, at *3 (S.D.N.Y. Mar. 26, 2020)
(recognizing “the threat that COVID-19 poses to individuals held in jails and other facilities” and
citing cases recognizing the same); U.S. v. Stephens, No. 15-95, 2020 WL 1295155, at *2
(S.D.N.Y. Mar. 19, 2020) (explaining prison inmates face “a heightened risk of contracting COVID-19 should an outbreak develop”).27 This is not a speculative harm. Cases of COVID-19
are growing exponentially. As of the time of this filing, 432,596 cases have been reported in the United States.28 This historic virus has touched every corner of our Nation. Allegheny County
27 See also Letter from Mike McGrath, Chief Justice, Montana Supreme Court, to Montana Courts of Limited Jurisdiction Judges (Mar. 20, 2020), available at https://bit.ly/3dTmOwt (“Because of the high risk of transmittal of COVID-19, not only to prisoners within correctional facilities but staff and defense attorneys as well, we ask that you review your jail rosters and release, without bond, as many prisoners as you are able, especially those being held for nonviolent offenses. . . . Due to the confines of [correctional] facilities, it will be virtually impossible to contain the spread of the virus.”). 28 Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering (CSSE) at Johns Hopkins University (JHU), Coronavirus Resource Center, Johns Hopkins University & Medicine, (last updated Apr. 9, 2020, 12:00:59pm) https://bit.ly/2JHm53w (last visited Apr. 9, 2020).
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alone has reported 759 of Pennsylvania’s 18,228 cases, and 12 of the Commonwealth’s 338 deaths.29 This disease knows no boundaries. It has infected people in nursing and elder-care homes,30 on cruise ships,31 rich and poor and old and young in major metropolitan areas32 and middle-America small towns,33 and prisoners and officers in correctional and detention facilities throughout the County.34 Almost every State has taken drastic steps to fight the spread of the virus, ordering at least 316 million Americans to remain in their homes.35 ACJ’s walls will not keep the
virus out—and they most certainly will not contain the virus from spreading throughout Allegheny
County.
Given the serious and often lethal nature of this disease, and the overwhelming strain it has
caused on our healthcare system, Petitioners and the Proposed Class have established a serious
risk that without their requested relief they will be infected by coronavirus and develop COVID-
19. See supra at pp. 16–18. Members of the Medically Vulnerable Class will most likely die if
not released. See supra at pp. 5–7. Time is of the essence. Even those Petitioners and Proposed
Class members who get infected and survive still face the prospect of a prolonged and painful
recovery, including the need for extensive rehabilitation for profound reconditioning, loss of digits,
29 Pa. Dep’t of Health, COVID-19 Cases in Pennsylvania (last updated Apr. 9, 2020 12:00pm), https://bit.ly/2UKL0d2 (last visited Apr. 9, 2020). 30 See, e.g., Sarah Boden, Allegheny County Nursing Home Residents Test Positive for COVID-19, 90.5WESA.fm (Mar. 27, 2020), https://bit.ly/2UHC9IU. 31 See, e.g., Mick Stinelli, Pittsburgh Couple Under Quarantine After Leaving Cruise Ship at Center of COVID-19 Outbreak, Pittsburgh Post Gazette (Mar. 5, 2020), https://bit.ly/3bMhp8C. 32 See, e.g., Chris Hoffman, Coronavirus in Pittsburgh: Officials Brace for Increased Spread of COVID-19, KDKA2CBSPittsburgh (Mar. 22, 2020), https://cbsloc.al/2wfA79z. 33 See, e.g., Wallace McKelvey, COVID-19 Will Accelerate EMS Crisis in Pa.’s Small Towns and Rural Areas, Experts Say, Pittsburgh Post Gazette (Apr. 4, 2020), https://bit.ly/2xPGZLg. 34 See, e.g., Ryan Deto, An Employee at the Allegheny County Jail Has Tested Positive for COVID19, Pittsburgh City Paper (Mar. 27, 2020), https://bit.ly/2V1HhGV. 35 See Sarah Mervosh et al., See Which States and Cities Have Told Residents to Stay at Home, NYTimes.com (last updated Apr. 7, 2020), https://nyti.ms/2weeDtG.
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neurological damage, and the loss of respiratory capacity. Compl. ¶ 20; see also supra at pp. 5–7. The risks here are all the more extreme, given that ACJ does not provide conditions of basic health and safety sufficient to protect Petitioners, the Proposed Class as a whole, or members of the Medically Vulnerable Subclass, who face the most significant risk of all. Compl. ¶¶ 35-74; see also supra at § I. See also Padilla v. Immigration & Customs Enf’t, No. 19-35565, 2020 WL 1482393, at *9 (9th Cir. Mar. 27, 2020) (affirming grant of preliminary injunction, agreeing “Petitioners would suffer irreparable harm in the form of substandard physical conditions” and “low standards of medical care,” among other things); Thakker, 2020 WL 1671563, at *3–4 (finding petitioners’ claim “rooted in imminent, irreparable harm,” given they “face the inexorable progression of a global pandemic creeping across the nation—a pandemic to which they are particularly vulnerable due to age and underlying medical conditions”).
That Petitioners and members of the Proposed Class have not yet been infected makes no difference. See, e.g., Helling, 509 U.S. at 33 (explaining prisoner “could successfully complain about demonstrably unsafe drinking water without waiting for an attack of dysentery”). Courts have not hesitated to find that the life-and-death stakes implicated by the possibility of contracting COVID-19 while in detention establishes irreparable injury. Just last week, the U.S. District Court for the District of Maryland recognized that “once COVID-19 is introduced into a detention facility, it spreads like wildfire,” creating “a high likelihood of irreparable health consequences” for detainees “that could not be alleviated without release.” Mem. Op. at 30, Coreas v. Bounds, No. 20-0780, Dkt. No. 56 (D. Md. Apr. 3, 2020) (hereafter “Coreas Slip Op.”), attached hereto as Exhibit R. The court explained that placing detainees with COVID-19 symptoms in isolation “does not remove the risk that the virus will spread quickly once inside the facility,” which creates
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an increased “risk of death or serious illness” for “high-risk detainees,” like those members of the Medically Vulnerable Subclass. Id. at 6, 30.
This risk is even more apparent where detention facilities have not adopted the mitigation efforts recommended by the CDC. For instance, the U.S. District Court for the Western District of New York observed that where detention facilities do not “isolate higher risk individuals,” test “all incoming detainees or the staff that comes and goes” for COVID-19, do not provide detainees with masks or other PPE, and allow detainees to “eat their meals in communal settings and share bathing facilities,” the “imminent risk” to detainees’ “health, safety, and lives” constitutes irreparable harm. Jones v. Wolf, No. 20-361, 2020 WL 1643857, at *11, 13 (W.D.N.Y. Apr. 2, 2020). Courts around the Nation agree. See, e.g., Coronel v. Decker, No. 20-2472, 2020 WL 1487274, at *3 (S.D.N.Y. Mar. 27, 2020) (the “imminent risk to [petitioners’] health, safety, and lives” of contracting COVID-19 while in detention constituted irreparable harm warranting a TRO); Basank v. Decker, No. 20-2518, 2020 WL 1481503 at *4–5 (S.D.N.Y. March 26, 2020) (“The risk that Petitioners will face a severe, and quite possibly fatal, infection if they remain in immigration detention constitutes irreparable harm warranting a TRO”).
The Court in Thakker v. Doll recently concluded that “[a]t this point, it is not a matter of if COVID-19 will enter Pennsylvania prisons, but when it is finally detected therein,” and explained “there is little that can be done to stop the spread of COVID-19 absent effective quarantines and social distancing procedures,” like those recommended by the CDC. 2020 WL 1671563, at *3–4. Recognizing the impossibility of providing such measures in a detention center, the Thakker court found preliminary relief warranted, id. at *8-9, based in no small part on the fact that the detained Thakker-petitioners “face a very real risk of serious, lasting illness or death,” id. at *4. For Petitioners and other Proposed Class members, and certainly the members of the Medically
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Vulnerable Subclass, there can be “no injury more irreparable” than the imminent threat that they will contract COVID-19, become critically ill, and likely die if not immediately released. Id. Immediate action from this Court is necessary to protect Petitioners, the Proposed Class, and the members of the Medically Vulnerable Subclass.
C. The Public Interest Is Best Served By Minimizing The Spread Of COVID-19 Through Social Distancing And Hygiene Practices, But Those Steps Are Impossible At ACJ.
Generally, “[a]s a practical matter, if a plaintiff demonstrates both a likelihood of success on the merits and irreparable injury, it almost always will be the case that the public interest will favor the plaintiff.” Ramsey v. City of Pittsburgh, Pa., 764 F. Supp. 2d 728, 734–35 (W.D. Pa. 2011) (quoting AT & T v. Winback & Conserve Program, 42 F.3d 1421, 1427 n. 8 (3d Cir.1994)). As in this case, where Petitioners have demonstrated that Defendants have violated their and the Proposed Class’s constitutional rights, injunctive relief is always in the public interest. See Ramsey, 764 F. Supp. 2d at 735 (explaining “it is always in the public interest to prevent the violation of a party’s constitutional rights” (quoting G&V Lounge, Inc. v. Mich. Liquor Control Com’n, 23 F.3d 1071, 1079 (6th Cir. 1994))). That interest—faithful enforcement of the Constitution—alone justifies the requested injunctive relief.
And on the facts here, that independently sufficient interest is buttressed by the undeniable public interest in minimizing the already unprecedented spread of COVID-19 throughout the Nation, generally, and at ACJ, specifically. See Grand River Enters. Six Nations, Ltd. v. Pryor, 425 F.3d 158, 169 (2d Cir. 2005) (recognizing that “public health” is a “significant public interest”); Allegheny Cty. Sanitary Auth. v. U.S.E.P.A., 732 F.2d 1167, 1177 (3d Cir. 1984) (affirming grant of preliminary injunction because minimizing negative effects on “the public health” was “in the public interest”).
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First, COVID-19 is highly contagious. With no vaccine or cure, each new infection breeds exponentially more infected persons. See supra at p. 7. Healthcare professionals have accordingly (and nearly unanimously) agreed that the most critical actions that can be taken are preventive measures such as self-isolating, maintaining a distance of six feet from other persons, and frequent disinfection. Id. These measures are entirely lacking at ACJ, as detailed above, thus warranting immediate action from this Court. See supra at pp. 10–13. But even with the best intentions, highrisk persons like members of the Medically Vulnerable Subclass cannot avoid the risk of infection. The only viable mitigation tactic for those detainees is release. See supra at pp. 16–18.
Contagion has reached ACJ. See supra p. 12 n.12. It is only a matter of time before the virus manifests throughout its detainee population. And once it does, the virus will not be contained by ACJ’s walls. Well before the virus reaches peak infection rates, it will spread across ACJ staff members who have contact with communities outside of the ACJ—in fact, it already has. See Compl. ¶ 44. Cases of infected staff members will only increase while the contagion sweeps throughout the detainee population. ACJ staff will then, perhaps unknowingly, spread infection among the surrounding communities. The only certain way to significantly hinder the spread of the virus within ACJ—and then from ACJ to the greater Allegheny County community, and further on—is for this Court to immediately order that Defendants impose necessary mitigation efforts throughout the facility, and order the immediate release of its most at-risk detainees. There are no other viable options to smoke out the virus before it reaches peak infection rates.
Second, there is a strong public interest in minimizing the spread and thus the impact of COVID-19 on the local, Commonwealth, and national health care system. Recent data shows that in the most likely infection scenarios, Pittsburgh-area hospitals will face a critical bed shortage in
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a matter of weeks.36 A large-scale infection at ACJ will cause spillover into supporting hospitals, not to mention increase the number of sick individuals in the community needing prompt and critical medical care. See supra at pp. 8–10. The public interest is best served by taking all necessary steps to reduce infection, slow the spread of the virus, and provide all necessary and available support to prevent the collapse of the Allegheny County hospital network.
Finally, it cannot be overstated that the public interest is served by protecting those at elevated risk and with particular medical vulnerabilities from the ruthless nature of the virus. On the whole, populations like those detained at ACJ face heighted risk of exposure and infection because of overcrowding and other problems existing at every detention facility across the Country. See supra at pp. 8–10. These risks are even higher for the Medically-Vulnerable Subclass. See supra at pp. 5–7, 16–18. And the risk is not limited only to detainees, given the close proximity with which ACJ staff members interact with ACJ population. See supra at p. 9. The release of individuals most vulnerable to COVID-19 thus reduces the overall health risk for ACJ detainees and staff alike. See supra at pp. 16–18. By decreasing the number of detainees, ACJ can institute greater and safer social distancing practices and prevent the need for increased numbers of staff on a given shift. Immediate release of the Medically Vulnerable Subclass thus not only imposes minimal harm to the government, it also furthers the public interest in maintaining a healthy and orderly environment throughout this crisis.
Unsurprisingly, courts acknowledge the weighty public interest when granting injunctive relief where detainees face similarly grave threats to their health. At bottom, “[t]he public has a critical interest in preventing the further spread of the coronavirus.” Castillo v. Barr, No. 20-
36 Eric Heyl, Coronavirus: Pittsburgh Hospitals Expected to Have Bed Shortages, Patch.com (Mar. 18, 2020), available at https://bit.ly/2UY2JfU.
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00605, 2020 WL 1502864, at *6 (C.D. Cal. Mar. 27, 2020); see also Thakker, 2020 WL 1671563, at *9 (finding “[e]fforts to stop the spread of COVID-19 and promote public health are clearly in the public’s best interest”). An outbreak at ACJ, like the detention center in Castillo, would “endanger all of us—[the facility] detainees, [the facility] employees, residents [of the surrounding community], residents of the State . . . , and our nation as a whole,” Castillo, 2020 WL 1502864, at *6; and would “quickly overwhelm the already strained health infrastructure within the facility,” given the drastic health staff vacancies, “which would then place strain on the surrounding community hospitals,” Coronel, 2020 WL 1487274, at *7. Decreasing the ACJ’s population— particularly by ordering immediate release of the Medically Vulnerable Subclass—would mean that “the tinderbox scenario of a large cohort of people getting sick all at once is less likely to occur, and the peak volume of patients hitting the community hospital would level out.” Id.; see also Basank, 2020 WL 1481503 at *6 (explaining that in light of COVID-19 pandemic, “public health and safety are served best by rapidly decreasing the number of individuals detained in confined, unsafe spaces”).37 This Court should follow suit and take immediate action to minimize the spread of COVID-19 throughout ACJ and the Allegheny County community.
D. The Balance Of Equities Favors Granting Relief To The Proposed Class. Finally, the balance of equities weighs heavily in favor of granting the requested injunctive relief. This preliminary injunction will not “substantially injure other interested parties.” Chaplaincy of Full Gospel Churches v. England, 454 F.3d 290, 297 (D.C. Cir. 2006); Doe v. Boyertown Area Sch. Dist., 897 F.3d 518, 526 (3d Cir. 2018) (preliminary injunction warranted
37 See also Chief Justice Bernette J. Johnson, Letter to Louisiana District Judges (Apr. 2, 2020), available at https://bit.ly/2V0OVkJ (directing that district court judges across the state take steps to minimize the populations of parish jails, explaining “[t]he decisions that you make will have a significant impact on our communities and our states and will save lives”).
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where relief “will not result in even greater harm to the nonmoving party”). Rather, given the nature of the circumstances here and the COVID-19 pandemic in general, not issuing preliminary relief would cause significant injury to the parties and the public at large. Beyond the fact that “[t]he balance of the equities tips sharply” in favor of Petitioners and the Proposed Class, especially given that they face “irreparable harm to their constitutional rights and health,” Castillo, 2020 WL 1502864, at *6; see also Am. Freedom Def. Initiative v. Se. Pa. Transp. Auth., 92 F. Supp. 3d 314, (E.D. Pa. 2015) (same (quoting G & V Lounge, Inc. v. Mich. Liquor Control Comm’n, 23 F.3d 1071, 1079 (6th Cir. 1994))), the public interest clearly favors granting preliminary relief, see supra at pp. 39–42. By contrast, Defendants’ countervailing interest in indefinitely detaining Petitioners and the Proposed Class in obviously dangerous conditions is weak, at best.
Petitioners and the Proposed Class seek two remedies. First, on behalf of all class members, Petitioners ask the Court to order ACJ to put in place policies that allow the class members to comply with current CDC guidance on social distancing, hygiene, sanitation and medical care. Other than the administrative burden of enacting policies to mitigate the spread of COVID-19 throughout ACJ—which, frankly, Defendants should already be doing—there is no other “harm” (if one could call it that) to Defendants should this Court issue the requested (and deserved) preliminary relief.
Second, Petitioners and the Medically Vulnerable Subclass ask the Court to order their immediate release from ACJ custody. The risks to this Subclass are even greater than to the general population at ACJ. County Officials have already shown a willingness to release other detainees in an effort to stem the spread of coronavirus. There is no compelling or even rational reason to deny the same treatment to these detainees, who are at the highest risk of COVID-19.
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Any burdens on Defendants are far outweighed by what is at stake for Petitioners, the Proposed Class, and the public-at-large should preliminary relief be denied. People are dying. This Court should do its part to help prevent Petitioners and the Proposed Class from becoming another statistic in this horrific chapter of our Nation’s history.
CONCLUSION For the foregoing reasons, this Court should grant Petitioners’ Motion for Preliminary Injunction, order that Defendants immediately enact policies instituting mitigation efforts at ACJ to prevent the spread of COVID-19, and issue writs of habeas corpus for the members of the Medically Vulnerable Subclass.

Dated: April 9, 2020
/s/ Alexandra Morgan-Kurtz Alexandra Morgan-Kurtz, Esq. PA ID No. 312631 PENNSYLVANIA INSTITUTIONAL LAW PROJECT 100 Fifth Ave, Ste. 900 Pittsburgh, Pa 15222 T: (412) 434-6175 amorgan-kurtz@pailp.org
/s/ Bret D. Grote Bret D. Grote, Esq. PA ID No. 317273 Quinn Cozzens, Esq. PA ID No. 323353 Jaclyn Kurin, Esq.* D.C. Bar ID No. 1600719 Jules Lobel, Esq.* N.Y. Bar No. 1262732 Swain Uber, Esq. PA I.D. No. 323477 ABOLITIONIST LAW CENTER P.O. Box 8654 Pittsburgh, PA 15221 T: (412) 654-9070

Respectfully Submitted,
/s/ David C. Fathi David C. Fathi** dfathi@aclu.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION, NATIONAL PRISON PROJECT 915 15th Street N.W. 7th Floor Washington, DC 20005 (202) 548-6603
/s/ Sozi Pedro Tulante Sozi Pedro Tulante, Esq.* PA ID No. 202579 Will W. Sachse, Esq.* PA ID No.: 84097 Cory A. Ward, Esq.* PA ID No. 320502 Ryan M. Moore, Esq.* PA ID No. 314821 Rachel M. Rosenberg, Esq.* PA ID No. 322960 DECHERT LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808

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bretgrote@abolitionistlawcenter.org qcozzens@alcenter.org jkurin@alcenter.org jll4@pitt.edu swain.uber@gmail.com
/s/ Sara J. Rose Sara J. Rose, Esq. PA ID No.: 204936 Witold J. Walczak, Esq. PA ID No.: 62976 AMERICAN CIVIL LIBERTIES UNION OF PENNSYLVANIA PO Box 23058 Pittsburgh, PA 15222 T: (412) 681-7864 (tel.) F: (412) 681-8707 srose@aclupa.org vwalczak@aclupa.org

T: (215) 994-2496 F: (215) 665-2496 Sozi.tulante@dechert.com will.sachse@dechert.com ryan.moore@dechert.com cory.ward@dechert.com rachel.rosenberg@dechert.com
Attorneys for Petitioners/Plaintiffs
*pro hac vice pending **practice limited to federal courts

44

Case 2:20-cv-00496-CB-CRE Document 27 Filed 04/10/20 Page 53 of 54
CERTIFICATE OF SERVICE I hereby certify that on this 9th day of April, 2020, a copy of the foregoing was served via ECF upon all counsel of record:
Andrew F. Szefi aszefi@alleghenycounty.us
John A. Bacharach john.bacharach@alleghenycounty.us
Dennis R. Biondo, Jr. dennis.biondojr@alleghenycounty.us
/s/ Bret Grote Bret Grote

Case 2:20-cv-00496-CB-CRE Document 27 Filed 04/10/20 Page 54 of 54

 
 Case 2:20-cv-00496-CB-CRE Document 59 Filed 05/05/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; and HEATHER CONNOLLY, on behalf of themselves and all others similarly situated, Plaintiffs-Petitioners,

20-cv-496

v.

ALLEGHENY COUNTY; and ORLANDO HARPER, Warden of Allegheny County Jail, Defendants-Respondents.

Defendants’ Response to Motion for Preliminary Injunction

1. Denied. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19.

2. Denied. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19.

3. Denied. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19.

4. Denied. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19.

5. Denied. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19.

Case 2:20-cv-00496-CB-CRE Document 59 Filed 05/05/20 Page 2 of 2
6. Denied. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19.
7. Denied. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19.
8. Denied. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19.
WHEREFORE, Allegheny County and Orlando Harper respectfully demand that the Court deny Plaintiffs’ Motion for a Preliminary Injunction.
Respectfully submitted,
/s/John A. Bacharach
Allegheny County Assistant Solicitor PA ID 19665 Allegheny County Law Department 300 Fort Pitt Commons Building 445 Fort Pitt Boulevard Pittsburgh, PA 15219 (412) 350-1150

 
 Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 1 of 11

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; and HEATHER CONNOLLY, on behalf of themselves and all others similarly situated, Plaintiffs-Petitioners,

20-cv-496

v.

ALLEGHENY COUNTY; and ORLANDO HARPER, Warden of Allegheny County Jail, Defendants-Respondents.

Defendants’ Answer and Affirmative Defenses

Introduction

1. This paragraph is an introductory narrative that requires no response. Moreover, the Defendants cannot respond to this long narrative paragraph concisely, as required by the Federal Rules of Civil Procedure. The Defendants have, however taken reasonable and necessary measures to protect inmates and employees at the Allegheny County Jail from the COVID-19 virus.

2. This paragraph is a narrative that requires no response. Moreover, the Defendants cannot respond to this long narrative paragraph concisely, as required by the Federal Rules of Civil Procedure. The Defendants have, however taken reasonable and necessary measures to protect inmates and employees at the Allegheny County Jail from the COVID-19 virus.

3. This paragraph is a narrative that requires no response. Moreover, the Defendants cannot respond to this long narrative paragraph concisely, as required by the Federal Rules of Civil Procedure. The Defendants have, however taken reasonable and

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 2 of 11
necessary measures to protect inmates and employees at the Allegheny County Jail from the COVID-19 virus.
4. This paragraph is a narrative that requires no response. Moreover, the Defendants cannot respond to this long narrative paragraph concisely, as required by the Federal Rules of Civil Procedure. The Defendants have, however taken reasonable and necessary measures to protect inmates and employees at the Allegheny County Jail from the COVID-19 virus. By way of further response, The Allegheny County jail has placed all inmates identified by the CDC as having an increased risk of adverse consequences from COVID-19 in single cells, unless contraindicated by other medical or penological reasons.
5. This paragraph is a legal conclusion that requires no response. To the extent a response is required this paragraph is denied.
Jurisdiction and Venue
6-8. The Defendants do not contest venue and they do not question subject matter jurisdiction, except that it is denied that a single Federal District Court Judge has jurisdiction to order inmates to be released. 18 U.S.C. § 3626.
Parties
9. Michael Graham is a pre-trial detainee at the Allegheny County Jail. Mr. Graham’s medical conditions are admitted to the extent that they conform to the ACJ medical records, otherwise they are denied. The Allegheny County Jail accepts the recommendations of the CDC and the Allegheny County Health Department (ACHD) regarding which persons are at increased risk of severe illness or death if they contract COVID-19. Its recommendations are written and speak for themselves.
10. Plaintiff Alexis Diggs is a pre-trial detainee at the Allegheny County Jail. Ms. Diggs’ medical conditions are admitted to the extent that they conform to the ACJ medical records, otherwise

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 3 of 11
they are denied. The Allegheny County Jail accepts the recommendations of the CDC and the ACHD regarding which persons are at increased risk of severe illness or death if they contract COVID-19. Its recommendations are written and speak for themselves.
11. Heather Connelly is a pre-trial detainee at the Allegheny County Jail. Ms. Connelly’s conditions are admitted to the extent that they conform to the ACJ medical records, otherwise they are denied. The Allegheny County Jail accepts the recommendations of the CDC and the ACHD regarding which persons are at increased risk of severe illness or death if they contract COVID-19. Its recommendations are written and speak for themselves.
12. Allegheny County is a home rule county organize and existing under the laws of the commonwealth of Pennsylvania. Allegheny County operates the Allegheny County Jail. Orlando Harper is the Warden of the Allegheny County Jail. Persons committed to the Allegheny County Jail by law are in the custody of Orlando Harper.
13. Warden Harper has custody of inmates committed to the Allegheny County Jail by lawful authorities.
Factual Allegations
14-20. The Defendants lack sufficient knowledge to admit or deny these paragraphs. By way of further response, the Defendants do not deny that COVID-19 is a serious infectious disease that can cause death or serious injury. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19. The updated version of its continuing Operations Plan, which was originally adopted March 9, 2020, Exhibit 1, is attached and incorporated by reference.

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 4 of 11
Release of Medically Vulnerable Inmates
21–29. The Defendants lack sufficient knowledge to admit or deny these paragraphs. By way of further response, the Defendants do not deny that COVID-19 is a serious infectious disease that can cause death or serious injury. The Allegheny County Jail has taken and is taking reasonable measures to protect its inmates and employees from COVID-19. The population of the Allegheny County Jail has declined by approximately 750 since March 16, 2020. The Jail has no authority to admit or to release inmates, which is a judicial function. The ACJ is aware that jails and correctional institutions create unique Corona virus infections control problems. The CDC and the ACHD has published recommendations for such institutions and the ACJ endeavors to follow its recommendations. The ACJ also considers the advice and recommendations of the ACJ medical staff, the Allegheny County Health Department (ACHD), the Pennsylvania Department of Corrections, and other medical and correctional authorities, to the extent it is possible and practical to do so under the circumstances that exist at the ACJ. Warden Harper has custody of inmates committed to the Allegheny County Jail by lawful authorities. He does not possess the legal authority to receive, reject (with limited exceptions) or to release any inmate without judicial authorization.
Conditions of Confinement at the ACJ
30. Denied. The conditions of confinement at the ACJ are legal and adequate. The current ACJ policy regarding the COVID-19 emergency is attached to this Answer as Exhibit 1.
31-37. Denied. Exhibit 1 is incorporated by reference. The ACJ population has declined by approximately 740, since mid-March 2020. Some areas of the ACJ were vacant in March 2020. These were vacant, in part, to have areas to use if there was a need to specially house inmates infected with COVID-19. The ACJ is now placing inmates identified as medically vulnerable in single cells,

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 5 of 11
unless there is a reason to double cell those inmates, but there is no general policy to single cell all inmates. The number of ACJ inmates and employees who have been tested for COVID-19 and the results are posted on the ACJ website and they are updated daily. It is denied that inmates were not aware of social distancing. Signage is posted identifying COVID-19 recommendations.
38-41. Meals are now distributed in cells. The common areas and recreation areas now attempt to maintain a 6-foot separation between individuals, however, this is not always possible. Inmate telephones and showers are to be disinfected after each use according to policy.
42-45. Denied. All symptomatic employees are tested. The testing regimen followed by the Allegheny County Jail is recommended by the Allegheny County Health Department. The current number of tests and results for employees and inmates are listed on the ACJ website, which is updated daily.
46. Denied. The Defendants lack sufficient knowledge or information to respond to this paragraph.
47-50. The COVID-19 pandemic is rapidly evolving. The remaining averments of this paragraph are a mixture of alleged facts, opinions, and argument, which cannot be answered, except by an extended narrative which violates the Federal Rules of Civil Procedure. They are, therefore, denied. By way of further answer, Allegheny County Jail inmates and staff are aware of social distancing and signage is posted. Exhibit 1 is incorporated by reference.
51-52. Masks are available to all inmates and staff. Use of the mask was previously recommended, but it is now mandatory, except in cells.
53. Inmates had and have adequate soap and toilet tissue.

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 6 of 11
54-55. The Defendants deny that there are or has been insufficient cleaning and disinfecting supplies for inmates. To the extent that any inmate lacked adequate sanitation supplies, that was unknown to the Defendants and contrary to the ACJ’s policy and custom.
56-74. Denied. To the knowledge and information of the Defendants no symptomatic inmate has been denied medically reasonable or necessary medical care at the Allegheny County Jail. Medical care for COVID-19 related issues is not and has not been limited by staffing. All of the inmates identified by name in the complaint have received necessary and appropriate medical care. Self-evaluation by the identified inmates of their medical conditions and treatment are denied, except to the extent they are verified by their Allegheny County Jail medical records.
Class Action Allegations
75-86. The averments of these paragraphs are legal conclusions that require no response. To the extent that a response may be required the averments of these paragraphs are denied.
Claim for Relief All Inmates – 42 U. S. C. §1983
87–90. For the reasons discussed in the prior paragraphs of this answer the averments of these paragraphs are denied. The Defendants have provided and are providing constitutionally adequate conditions of confinement related to COVID-19 for the inmates in the custody of the ACJ by lawful order of judicial officers.
Second Claim for Relief Medically Vulnerable Inmates– 42 U. S. C. §1983
91–93. For the reasons discussed in the prior paragraphs of this answer the averments of these paragraphs are denied. The Defendants have provided and are providing constitutionally adequate conditions of confinement related to COVID-19 for the inmates the custody of the ACJ by lawful order of judicial officers.

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 7 of 11
Third Claim for Relief Americans With Disabilities Act
94-99. Denied. No inmates have been denied any services or programs based upon an alleged disability. It is specifically denied the mere presence of COVID-19 in the facility or infection by COVID-19, without more are disabilities.
Claim for Relief
100. This paragraph is a legal conclusion that requires no response. To the extent a response is required this paragraph is denied.
Affirmative Defenses
101. The Defendants incorporate the foregoing paragraphs as though set forth completely herein.
102. Plaintiffs have failed to establish, and cannot establish, proper subject-matter jurisdiction to sustain this suit.
103. Plaintiffs has failed to state facts showing, and cannot establish facts showing, that the Defendants acted under color of state, local or federal statute, ordinance, custom, policy, regulation, usage, law, or authority in any way violating any due process rights, other constitutional rights, or other legal rights had by Plaintiff.
104. Plaintiff has failed to establish, and cannot establish, that the Defendants implemented or followed any unconstitutional customs or policies, that the County knew of, should have known of, or acquiesced in, any unconstitutional conduct, customs, or policies, or that the Defendants engaged in any constitutional conduct in any way whatsoever.
105. The Defendants engaged in no actions, customs, directives, inactions, policies, practices, procedures, or protocols

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 8 of 11
that interfered with Plaintiff’s constitutional/legal rights while in the ACJ, that violated Plaintiff’s constitutional/legal rights, and/or that violated any duties the Defendants had to Plaintiff.
106. The Defendants engaged in no actions, customs, directives, inactions, policies, practices, procedures, or protocols that caused Plaintiff any harms, injuries, or damages.
107. Plaintiffs have no private cause of action for monetary damages or for injunctive relief.
108. The County was not recklessly indifferent to, or deliberately indifferent to, Plaintiffs’ needs and/or rights.
109. Plaintiffs have failed to state a claim, and cannot establish a claim, entitling Plaintiff to judgment against, or entitling Plaintiffs to recover any damages, attorneys’ fees, or costs from the Defendants.
110. Plaintiffs have failed to state a claim, and cannot establish a claim, of any civil rights violation or other violation by the Defendants.
111. Plaintiffs have otherwise failed to state any claim, and cannot establish any claim, upon which relief can be granted against the Defendants under the Fourteenth Amendment to the U.S. Constitution, the Eighth Amendment to the U.S. Constitution, the Fourteenth Amendment to the U.S. Constitution, any other provision of the U.S. Constitution, 42 U.S.C. §§ 1983, 1988, any U.S. civil rights act and/or amendments thereto, any other federal laws or provisions, any provision of the Pennsylvania Constitution, any other Pennsylvania laws or provisions, or any other legal or equitable authority of any type whatsoever.
112. At all times relevant hereto, the Defendants took appropriate actions and used appropriate customs, directives, policies, practices, procedures, and protocols to protect Plaintiffs’

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 9 of 11

rights while at the ACJ and to meet all duties the Defendants had to Plaintiffs.

113. The Defendants met all their constitutional and statutory duties vis-à-vis Plaintiffs.

114. Plaintiffs failed to seek redress of grievances through the federal and/or Pennsylvania laws relating to prison litigation reform.

115. Plaintiffs have otherwise failed to exhaust their administrative remedies.

116. Plaintiffs have procedurally defaulted on their claims in this suit.

117. Plaintiffs have otherwise waived all claims against the Defendants.

118. Plaintiffs’ suit and requests for damages are otherwise barred by law and/or equity.

119. To the extent not already pled by the Defendants, it asserts that Plaintiffs cannot demonstrate any conduct, policy, harm, injury, or damage constituting a constitutional violation and/or establishing a right to relief.

120. The Defendants are entitled to recover from Plaintiff all attorneys’ fees and costs incurred by the Defendants in defending this suit.

121.

The actions of the Defendants were not the cause

in fact or the proximate cause of the Plaintiff’s alleged injuries or

damages.

122.

The Defendants reserves the right to raise all other

defenses available under any and all applicable laws by amending

his answer and affirmative defenses and/or by raising such other

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 10 of 11
defenses at the summary judgment stage of this case and/or by raising such other defenses at the trial of this case.
123. Only a panel of three Federal District Court Judges have jurisdiction to order inmates to be released. 18 U.S.C. § 3626.
124. The relief that may be granted regarding relief related to jail conditions of confinement is governed by 18 U.S.C. § 3626.
Class Certification
125. Class certification must be denied because a. the class is not so numerous that joinder of all members is impracticable;
b. the claims or defenses of the representative parties are not typical of the claims or defenses of the class;
c. the representative parties will not fairly and adequately protect the interests of the class;
d. prosecuting separate actions by or against individual class members would not create a risk of (1) inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class or (2) adjudications with respect to individual class members that, as a practical matter, would be dispositive of the interests of the other members not parties to the individual adjudications or would substantially impair or impede their ability to protect their interests;
e. the Defendants have not acted or refused to act on grounds that apply generally to the class, so that

Case 2:20-cv-00496-CB-CRE Document 60 Filed 05/05/20 Page 11 of 11
final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole;
f. questions of law or fact common to class members do not predominate over any questions affecting only individual members; and
g. a class action is not superior to other available methods for fairly and efficiently adjudicating the controversy.
WHEREFORE, Allegheny County and Orlando Harper respectfully demand that the Court deny certification of the putative class and that it enter judgment in Allegheny County’s and Orlando Harper’s favor and against the Plaintiffs. The Defendants also demand all attorneys’ fees and all costs incurred by them in defending this suit.
Respectfully submitted,
/s/John A. Bacharach
Allegheny County Assistant Solicitor PA ID 19665 Allegheny County Law Department 300 Fort Pitt Commons Building 445 Fort Pitt Boulevard Pittsburgh, PA 15219 (412) 350-1150

 
 Case 2:20-cv-00496-CB-CRE Document 70 Filed 05/26/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; and HEATHER CONNOLLY, on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
v.
ALLEGHENY COUNTY; and ORLANDO HARPER, Warden of Allegheny County Jail,
Defendants-Respondents.

Civil Action No. 2:20-cv-00496 ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

JOINT MOTION FOR ENTRY OF CONSENT ORDER The parties respectfully request that this Honorable Court enter the parties’ Proposed Consent Order, attached as Exhibit 1, and as support therefor aver as follows: 1. Plaintiffs filed a motion for preliminary injunction on April 9, 2020, asking this Court to, inter alia, require that Defendants instituting policies and reasonable accommodations, consistent with the CDC’s public health guidelines to protect people incarcerated at the Allegheny County Jail from COVID-19. 2. After numerous discussions, the parties have reached an agreement on the policies and reasonable accommodations that the Allegheny County Jail will follow to protect people from COVID-19. 3. Accordingly, the parties are jointly submitting a proposed consent order that, if approved by the Court, will resolve the plaintiffs’ motion for preliminary injunction. WHEREFORE, the parties respectfully request that this Court enter the Proposed Consent Order attached as Exhibit 1.

Case 2:20-cv-00496-CB-CRE Document 70 Filed 05/26/20 Page 2 of 3

Respectfully submitted,

/s/ Sara J. Rose Sara J. Rose, Esq. PA ID No.: 204936 /s/ Witold J. Walczak Witold J. Walczak, Esq. PA ID No.: 62976 American Civil Liberties Union of Pennsylvania PO Box 23058 Pittsburgh, PA 15222 T: (412) 681-7864 (tel.) F: (412) 681-8707 srose@aclupa.org vwalczak@aclupa.org
/s/ Alexandra Morgan-Kurtz Alexandra Morgan-Kurtz, Esq. PA ID No. 312631 Pennsylvania Institutional Law Project 100 Fifth Ave, Ste. 900 Pittsburgh, Pa 15222 T: (412) 434-6175 amorgan-kurtz@pailp.org
/s/ Sozi Pedro Tulante Sozi Pedro Tulante, Esq. PA ID No. 202579 Dechert LLP Cira Centre 2929 Arch Street Philadelphia, PA 19104-2808 T: (215) 994-2496 F: (215) 665-2496 Sozi.tulante@dechert.com Admitted pro hac vice
Attorneys for Petitioners/Plaintiffs

/s/ Bret Grote Bret D. Grote, Esq. PA ID No. 317273 /s/ Quinn Cozzens Quinn Cozzens, Esq. PA ID No. 323353 /s/ Jaclyn Kurin Jaclyn Kurin, Esq. D.C. Bar ID No. 1600719 /s/ Jules Lobel, Jules Lobel, Esq. Of Counsel N.Y. Bar No. 1262732 /s/ Swain Uber Swain Uber, Esq. Of Counsel PA I.D. No. 323477 Abolitionist Law Center P.O. Box 8654 Pittsburgh, PA 15221 T: (412) 654-9070 bretgrote@abolitionistlawcenter.org qcozzens@alcenter.org

/s/ John A. Bacharach John A. Bacharach, PA ID 19665 Allegheny County Assistant Solicitor Allegheny County Law Department

Case 2:20-cv-00496-CB-CRE Document 70 Filed 05/26/20 Page 3 of 3
300 Fort Pitt Commons Building 445 Fort Pitt Boulevard Pittsburgh, PA 15219 Tel: (412) 350-1150 john.bacharach@AlleghenyCounty.us
Counsel for Defendants

 
 Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 1 of 34

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL GRAHAM; ALEXUS DIGGS; and HEATHER CONNOLLY, on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
v.
ALLEGHENY COUNTY; and ORLANDO HARPER, Warden of Allegheny County Jail,
Defendants-Respondents.

Civil Action No. 2:20-cv-00496 ELECTRONICALLY FILED IMMEDIATE RELIEF SOUGHT

CONSENT ORDER WHEREAS, on April 7, 2020, the Plaintiffs, for themselves and on behalf of proposed class members confined at the Allegheny County Jail (“ACJ”), filed this action pursuant to 42 U.S.C. § 1983 alleging violations of their rights under the Fourteenth Amendment to the United States Constitution and the Americans with Disabilities Act (“ADA”); and WHEREAS, the Plaintiffs also filed a Motion for a Preliminary Injunction seeking to require the Defendants to remedy the alleged unconstitutional conditions of confinement and alleged violations of the ADA at the ACJ by clarifying, instituting and/or supplementing policies and offering reasonable accommodations to protect the Plaintiffs and proposed class members at ACJ from the risk of contracting COVID-19, a deadly disease that has caused a global pandemic and poses an enhanced threat to the life and health of persons and staff at congregate settings, such as the ACJ; and WHEREAS, the parties have reached an agreement regarding the Plaintiffs’ motion for preliminary injunctive relief wherein the Defendants have agreed to clarify and/or supplement

Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 2 of 34

existing policies informed by guidance from the Centers for Disease Control and Prevention (“CDC”) and the Allegheny County Health Department (“ACHD”) in an effort to protect the Plaintiffs and reduce the spread of COVID-19 within the ACJ;
It is, on this _2_7_th_ day of May 2020 hereby ORDERED, ADJUDGED and DECREED as follows: 1. This Order is entered based on a negotiated settlement between the parties and is not to be
construed as an admission of liability by any party. 2. The Defendants and their employees, agents, and assigns have adopted and
implemented and shall continue to adopt and implement the ACJ Policy titled “Continuing of Operations Plan: COVID-19 (Updated)” first issued on March 9, 2020, and updated through May 21, 2020 (“the Policy”). The Policy is attached hereto as Exhibit A and is incorporated in and made part of this Order. 3. This Order is effective immediately and will remain in full force and effectuntil and unless the Court terminates it after a showing of good cause by either party. In any event, this Order will not terminate at least until after the Declaration of Emergency in Allegheny County issued by County Executive Rich Fitzgerald, dated March 12, 2020, has been rescinded in full. 4. After consultation with each other, each party may suggest changes to the Policy to reflect updated guidance from the CDC and ACHD and respond to new facts or conditions. To the extent that the parties disagree about the need for such revisions or changes to the Policy, the party seeking the change may petition the Court. This, and any other request
for judicial intervention contemplated throughout the remainder of this Order, is governed by § III.B.3 of Judge Bissoon's Practices & Procedures (see web page at https:// www.pawd.uscourts.gov/content/cathy-bissoon-district-judge) (requiring telephonic conference

before proceeding to motions practice).

2

5.

Because the Defendants are being directed, and have agreed, to implement the Policy as described

in paragraph 2 above, this Order therefore resolves the Plaintiffs’ claim for

Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 3 of 34
preliminary injunctive relief with respect to their request that the Court order the Defendants to institute policies to protect the Plaintiffs from COVID-19 that are informed by guidelines from the CDC and other public health organizations. 6. This Order, however, does not resolve the Plaintiffs’ claims that the Defendants violated their rights under 42 U.S.C. § 1983 and the Americans with Disabilities Act. 7. This Order does not resolve the outstanding issue of Plaintiffs’ entitlement to attorneys’ fees. 8. This Order does not resolve Plaintiff’s claims under 28 U.S.C. § 2241. Re porting 9. In connection with this Order, and as agreed to by the parties, once per week the ACJ shall provide the following information to the Plaintiffs through their counsel:
a. the daily count for each housing unit; the number of persons admitted to ACJ each day of that week; and the number of persons released from ACJ or transferred to another facility each day of that week.
b. the number of persons accommodated as a single cell status; due to medical vulnerabilities defined by the CDC guidelines to COVID 19.
c. the number of persons seen by medical providers each day of that week; d. the number of and the housing unit(s) where, the following persons were held each day of that week:
i. persons who are Confirmed COVID-19 Cases ii. persons who are Suspected COVID-19 Cases iii. persons who are Close Contacts of a COVID-19 Case iv. persons who have been identified as Medically Vulnerable
3

Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 4 of 34
e. invoices for all PPE, supplies for the week; f. all inmate grievances relating to COVID-19, social distancing, medical, cleaning, hygiene, recreation, housing assignments, and quarantine/isolation conditions; and g. weekly sick call report data.
Enforce me nt 10. The parties agree to the jurisdiction of this Court over any proceedings seeking to enforce
the terms of this consent decree. 11. If the Plaintiffs have a reasonable basis to believe that the Defendants are in substantial
noncompliance with one or more provisions of this Order, Plaintiffs will notify Defendants in writing of the specific compliance issue(s). This notice will identify, with particularity, the basis of the claim that Defendants are not in substantial compliance and the specific provision(s) of this Order that are implicated. 12. Within seven days of receipt of the notification, the Defendants shall provide a good-faith written response to the Plaintiffs’ notification with a full factual explanation as to why the Defendants believe they are in substantial compliance with the specified provision(s), or an explanation of the Defendants’ plans to achieve full compliance with the specified provision(s). The Defendants will provide the Plaintiffs with copies of all non-privileged documents that are relevant to the Defendants’ investigation of the Plaintiffs’ allegations regarding Defendants’ substantial non-compliance with the provision(s) of this Order. 13. If the parties are unable to resolve the dispute within fourteen days, the Plaintiffs may seek intervention from the Court by filing a motion for enforcement of the provision(s) identified through the aforementioned notice of substantial noncompliance.
4

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14. In the event that the Plaintiffs are notified of an issue posing an immediate serious risk to health that requires resolution in a shorter time-frame in order to protect the health of the Plaintiffs or class members, the Defendants shall still be given written notification and the parties will engage in good-faith efforts to resolve the matter prior to the Plaintiffs seeking court intervention.
15. In the event that the Court finds that a party has not complied with a material provision of this Order, the Court shall have the power to order specific performance of the provision and/or any other relief the Court deems necessary to ensure compliance. Notice
16. All notices required by each party in this Order will be sent to the following people: For the Plaintiffs:
Sara Rose ACLU of Pennsylvania PO Box 23058 Pittsburgh, PA 15222 srose@aclupa.org For the Defendants: Andrew Szefi Allegheny County Law Department
M is cellaneous 17. The Court finds, based upon the entire record and the parties’ stipulation and joint request,
that this Agreement satisfies the requirements of 18 U.S.C. § 3626(a)(1)(A) in that it is narrowly drawn, extends no further than necessary to correct the violation of the Federal
5

Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 6 of 34 right, and is the least intrusive means necessary to correct the violation of the Federal right of the Plaintiffs. Moving forward, counsel must be familiar, and prepared to comply, with any and all remaining, applicable provisions of 18 U.S.C. § 3626.
s_\_C_a_th_y__B_is_s_o_o_n_________________ Honorable Cathy Bissoon United States District Judge
6

Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 7 of 34
EXHIBIT A

Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 8 of 34

COUNTY OF

ALLEGHENY

TO: FROM:
DATE: RE:

Rich Fitzgerald County Executive
Orlando L. Harper, Warden
Administrative Team: Chief Deputy Wardens, Deputy Warden, and Majors Dr. Donald Stechschulte, Jr. Medical Director Lauren Bach, Infectious Disease Coordinator Robyn Smith, Healthcare Staffing Educator Assistant Director’s of Nursing
May 21, 2020
Continuing of Operations Plan: COVID-19 (Updated)

SITUATION
COVID-19, Coronavirus disease 2019 is a novel (new) coronavirus that was first identified in Wuhan, China. The virus is believed to be spread from person-to person through respiratory droplets that are transferred through close contact. Typically, close contact is defined as within 6 feet. Disease transfer is believed to occur when an individual who is infected coughs or sneezes and a well person inhales the respiratory droplets. It is believed that indirect contact may occur when a surface or object has the virus and a well individual touches their mouth, nose, or eyes.
No vaccine or specific treatment for COVID-19 is currently available. Care is supportive for symptom reduction, elimination, or management. Reported illnesses have ranged from mild to severe, including illness resulting in death. Individuals who have travelled to places where the virus is occurring, or areas that are defined as having community spread, are at the most risk for contracting COVID-19. Patients with COVID-19 experience a respiratory illness (ranging from mild to severe) and symptoms include: fever, cough, and shortness of breath.
The threat of disease spread can be dramatically reduced by ensuring that employees/volunteers who are ill seek treatment and stay home, employ the use of appropriate hand hygiene, reduce or eliminate hand shaking contact, cover coughs/sneezes with the use of tissues or redirection of coughs and sneezes into elbows or sleeves, and routinely cleaning surface areas and frequently touched objects. As influenza is still active, it is important for general hygiene practices to be maintained and for individuals who feel sick to seek guidance and treatment from their healthcare professionals.
Much is to be learned about this new virus and updates will continue to be provided by the Centers for Disease Control and Prevention and communicated to Federal, State, and Local Departments for dissemination through the appropriate designees. The Allegheny County Jail will continue to collaborate and coordinate with other County departments, to include the Health Department, to reduce the impact of disease spread.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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MISSION
The Allegheny County Jail will work to effectively reduce or mitigate the spread of illness throughout the facility. The Allegheny County Jail will ensure that all precautions are taken appropriately and that the health, safety, and security of all inmates, volunteers, and employees will remain the primary focus throughout planning and response periods.
In preparation, the Allegheny County Jail began early conversations with multiple stakeholders when the Allegheny County EOC was activated on March 14, 2020. Early identification for medical isolation and quarantine spaces were identified. Information was posted throughout the facility prior to any identified cases in Allegheny County. Additionally, supply allotments and procurement processes began and have been continuous throughout the duration of this pandemic.
This emergency preparedness plan will involve communication and collaboration with multiple county departments, to include, but not limited to: Allegheny County Health Department, Allegheny County Sheriff’s Department, Allegheny County Emergency Medicine Services, Alternative Housing Departments, Allegheny Health Network, and Allegheny County Courts. The Allegheny County Jail will continue to implement recommendations published by the Centers for Disease Control and Prevention (CDC) specific to the Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities first published on March 23, 2020.
Additionally, the Allegheny County Jail will ensure that all individuals who are placed into our custody are afforded every available service to involve medical treatment if necessary, dietary needs when applicable, safe and secure processing from arraignment to release or incarceration, in accordance with all applicable laws, and ACJ policies and procedures.
DEFINITIONS OF IMPORTANT TERMS – adopted from the Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities or the CDC website
Symptoms – Symptoms of COVID-19 include fever, cough, shortness of breath. Like other respiratory infections, COVID-19 can vary in severity from mild to severe. When severe, pneumonia, respiratory failure, and death are possible. COVID-19 is a novel disease, therefore the full range of signs and symptoms, the clinical course of the disease, and the individuals and populations most at risk for disease and complications are not yet fully understood.
Social Distancing – The practice of increasing the space between individuals and decreasing the frequency of contact to reduce the risk of spreading disease (ideally to maintain at least 6 feet between all individuals, even those who are asymptomatic). Social distancing strategies can be applied on an individual level (e.g., avoiding physical contact), a group level (e.g., cancelling group activities where individuals will be in close contact), and an operational level (e.g., rearranging chairs in the dining hall to increase distance between them).
Cohorting- Refers to the practice of isolating multiple laboratory-confirmed COVID-19 cases together as a group, or quarantining close contacts of a particular case together as a group. Ideally, cases should be isolated individually, and close contacts should be quarantined individually. However, some correctional facilities and detention centers do not have enough individual cells to do so and must consider cohorting as an alternative.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Medically Vulnerable (People at Higher Risk for Severe Illness) – Based on currently available information and clinical expertise, individuals are identified as medically vulnerable if they meet one or more of the following conditions: Individuals who are 65 years of age and older, have chronic lung disease or moderate to severe asthma, serious heart conditions, are immunocompromised (e.g., from cancer, HIV or AIDS, recipient of bone marrow or organ transplantation, side effect of medications), severe obesity (BMI of 40 or higher), diabetes, chronic kidney disease undergoing dialysis, or liver disease.
Suspected COVID-19 Case – Shows symptoms of COVID-19 but either has not been tested or is awaiting test results.
Confirmed COVID-19 Case – Received a positive result from a COVID-19 laboratory test, with or without symptoms.
Close Contact of a COVID-19 Case – In the context of COVID-19, an individual is considered a close contact if they a) have been within approximately 6 feet of a COVID-19 case for a prolonged period of time or b) have had direct contract with infectious secretions from a COVID-19 case (e.g. have been coughed on).
Medical Isolation – Refers to confining a confirmed or suspected COVID-19 case (ideally to a single cell with solid walls and a solid door that closes), to prevent contact with others and to reduce the risk of transmission. Medical isolation ends when the individual meets pre-established clinical and/or testing criteria for release from isolation, in consultation with clinical providers and public health officials.
Quarantine – Refers to the practice of confiding individuals who have had close contact with a COVID-19 case to determine whether they develop symptoms of the disease. Quarantine for COVID-19 should last for a period of 14 days. Ideally, each quarantined individual would be quarantined in a single cell with solid walls and a solid door that closes. If symptoms develop during the 14-day period, the individual should be placed under medical isolation and evaluated for COVID-19. If symptoms do not develop, movement restrictions can be lifted, and the individual can return to their previous residency status with the facility.
Cleaning – Removal of visible soil from objects and surfaces and normally is accomplished manually or mechanically using soap or another detergent. Refers to the removal of dirt and impurities, including germs, from surfaces. Cleaning alone does not kill germs. But by removing the germs, it decreases their number and therefore any risk of spreading infection.
Disinfecting – Refers to a process of using chemicals, for example EPA-registered disinfectants, to kill germs on surfaces. This process does not necessarily clean dirty surfaces or remove germs, but killing germs remaining on a surface after cleaning further reduces any risk of spreading infection.
Disinfecting Agent – Bleach solution (diluted in accordance with CDC guidelines) or an EPA-registered household disinfectant that is effective against the virus that causes COVID-19. Disinfecting agents should be utilized in accordance with recommended contact time (per the agents’ instructions) and utilized after the surface has been cleaned.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Personal Protective Equipment (PPE) – protective clothing, helmets, goggles, masks, gloves or other garments or equipment designed to protect the wearer’s body from injury or infection.
EXECUTION
Throughout the facility, signage has been posted to increase awareness and educate on appropriate hand washing/hand hygiene as well as the signs/symptoms of COVID-19. Signs notify that coughs and sneezes should be redirected into elbow or sleeve, hands shall be washed frequently with soap and water for at least 20 seconds, avoid touching face when possible and to clean surfaces frequently.
Cleaning and Disinfecting agents will be deployed to all areas of the facility (solution will be made with bleach or will be an EPA-registered disinfecting agent effective against the virus that causes COVID-19). To clean surface areas, the area shall be saturated with the agent and will remain on the surface for 5 minutes to air dry. Phones shall be cleaned in between uses.
Employees will be reminded that if they are sick, they should seek medical treatment and follow the recommendations of their provider.
Personal Protective Equipment (PPE) will be made available to inmates and staff. Staff will be required to wear a mask throughout their shift. Authorized PPE may include surgical/procedural masks, goggles, N95 masks, gowns, and protective disposable gloves.
Increased availability of fluids (i.e. water) shall be made available to housing units where individuals are symptomatic.
Inmates will be screened upon entry to the facility and heightened attention will be given to those on the intake housing units. Upon entry, new arrests/detainees will be provided with a mask for their first 14 days as a precautionary measure to determine if additional screening/assessments need to occur once booked and housed on an intake housing unit.
Continuous contact and communication will occur with Jail Administration, Medical Director, and Allegheny County Health Department. All recommendations will be followed to prevent an outbreak within the facility.
As treatment, testing, or vaccinations become available, a coordinated plan will be developed and executed to reduce further spread of illness.
Changes in operations will be ongoing as more information becomes available and as the risk level of Allegheny County shall change (increase).
If any staff member, regardless of their department, is concerned about an inmate or other staff member having symptoms of respiratory illness, these should be immediately reported to the ADON and/or Shift Commander. This will help ensure a more thorough surveillance of potential infection throughout the entire building. Our inmate population can be immediately seen by the healthcare department upon suspicion or presentation of symptoms. Reporting of another staff member to the Shift Commander and/or the ADON can help ensure
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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potentially infectious staff members are sent home; appropriate cleaning procedures and contact tracing can also be conducted. These actions and heightened awareness and communication is vital to the health and safety of every individual who works or lives within the institutional walls.
Consistent application of the following measures will assist in the reduction of disease transmission within a congregate setting of our facility. Frequent oversight from supervisory staff will be required to ensure compliance to the continuing of operations plan.
Though a fever is most commonly recognized at 100.4 degrees Fahrenheit, with guidance from the Allegheny County Health Department, in response to COVID-19, the Allegheny County Jail will recognize a fever at 99.0 degrees Fahrenheit.
EMPLOYEE SCREENING Effective, Saturday 3/28/20, all employees (county and contracted) will be required to participate in screening in the Employee Entrance Vestibule. All employees will be provided with a mask in the Employee Entrance Vestibule.
Screening Procedure Healthcare employees or a Contracted vendor will take the employee’s temperature (temporal, tympanic, and oral thermometers available) while observing any visible symptoms and inquiring about the individual’s recent travel, symptoms, and contact with others.
*Minimum Questions asked: 1. Have you travelled outside of Pittsburgh within the past two (2) weeks? 2. Have you had any contact with anyone displaying symptoms of COVID-19? 3. Have you experienced any symptoms of COVID-19 (i.e. shortness of breath, cough, fever, loss of smell, loss of taste, myalgia, fatigue, nausea, diarrhea) since your last screening?
If an employee has a temperature that is at or above 99.0 degrees Fahrenheit, they will be required to wait and have their temperature taken again in 3-5 minutes. The determination of 99.0 degrees is to account for 0.5 degree of variability with the thermometer as the Health Department currently recommends for precautions to be taken at 99.5 degrees Fahrenheit.
*These questions/symptoms are subject to change based on continued research in the expression of COVID19. The form utilized at the employee entrance will be updated based on these changes.
While waiting for the second temperature, the employee will be asked additional questions to include: 1. Have you noticed a temperature before we took yours today? 2. Have you been around anyone who has displayed symptoms of shortness of breath, coughing, loss of smell/taste, temperature within the last 14 days? 3. Have you had any known contact with anyone diagnosed with COVID-19? 4. Have you recently been around anybody known to be diagnosed with the flu or a different respiratory condition?
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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If the second temperature reading is at or above 99.0 degrees Fahrenheit, the employee will not be permitted to work for that day. If the employee is hired by the County, the employee will be advised to contact UPMC Work Partners to open a leave of absence and site an Administrative Leave due to their positive screen. If the employee is not hired by the County, they will be directed to follow their employer’s procedures.
If the employee provides affirmative responses to questions on the COVID-19 Employee Screening form, the employee will not be permitted to work until cleared by a healthcare provider. For example, if they are displaying a new onset of symptoms, unrelated to known chronic medical conditions (i.e. a cough), the employee will not be permitted to work.
The COVID-19 Employee Screening form will be completed, in its entirety, and submitted to supervisory staff. The supervisor will make adjustments to the schedule to reflect this employee’s absence and will forward the form appropriately. This form will be submitted to Payroll to ensure that the documentation accounts for their date of missed work. The employee shall be directed to follow up with their healthcare provider to make a clinical determination regarding their eligibility to return to work or if they should remain quarantined at home for a designated time period.
If the employee does not develop symptoms, and no longer has a fever, they are permitted to return to work on their next scheduled day. If the employee does develop symptoms, they should make notification to HR/Administration and should be directed to reach out to their Healthcare Provider for testing. Testing can also be arranged through the Allegheny County Health Department.
NEW ARRESTS/ADMISSIONS TO ALLEGHENY COUNTY JAIL
Healthcare Screening: Intake At time of medical clearance, vitals will be taken of every incoming new arrest/detainee. The individual will be provided with a mask at point of entry and will have the following information explained to them: As an agency, we are following recommendations and guidance from the Centers for Disease Control and Prevention (CDC), PA Department of Health, and Allegheny County Health Department to exercise all precautions being admitted from the community because of disease spread. For the first 14 days of your stay, you will have your temperature taken and will be expected to wear a mask.
All individuals will be screened with the following questions: 1. Does patient have fever? Yes or No 2. Does patient report any symptoms of upper or lower respiratory infection (i.e. shortness of breath, cough, fever, loss of smell, loss of taste, myalgia, fatigue, nausea, diarrhea)? Yes or No 3. Does patient report recent travel to, or contact with a person who has traveled to, a known affected area within the last 14 days? Yes or No 4. Does patient report contact with known laboratory confirmed case of COVID-19? Yes or No 5. Has the patient been confirmed by a laboratory as a positive/confirmed case of COVID-19? Yes or No a. What date were they diagnosed?
Individuals who have a fever (based on vital signs and current recommendations of 99.0 degrees Fahrenheit) will be treated with precautionary measures and will be further assessed by a provider. This individual will be
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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identified as quarantine status and placed in a holding cell, alone, as long as space permits, until an assessment by a provider. They will complete all typical intake processes under this status unless clinical indications indicate that this is not necessary. If it is determined that the individual shall be tested, they will be identified as isolation status as a suspected COVID-19 case and tested as soon as safe and feasible.
Individuals who respond that they have been confirmed as a positive case of COVID-19 will be placed in a holding cell under isolation procedures and will be maintained on that status throughout the typical intake processes. This information will be vetted by the Allegheny County Health Department to establish a date of diagnosis and to determine the number of days required for isolation and quarantine.
Any individuals responding affirmatively the questions 2, 3, or 4 will be placed in a holding cell, alone, under quarantine status, as long as space permits, until an assessment by a provider. They will complete all typical intake processes under these precautions unless clinical indications indicate that this is not necessary.
Clinical determinations will be made by an on-site provider, in accordance with CDC guidelines and recommendations from the Allegheny County Health Department.
Healthcare professionals shall probe for more information when someone provides an affirmative response to the travel questionnaire. Additional questions shall be asked to assist in the identification of risk:
1. Was recent travel foreign or domestic? 2. Was there travel by airplane, vehicle, or train? 3. Were they in close contact (defined as within 6 feet) of someone who was demonstrating respiratory
symptoms? 4. Do they have a fever or atypical vital signs and how long have you had these symptoms? 5. Have they been around someone who was diagnosed with a respiratory infection, influenza, or any
other known illness that is NOT COVID-19? 6. Have they been around someone diagnosed with COVID-19 and where were they tested/diagnosed?
The intake supervisor will be informed of the individual’s identity and the need for additional precautions at this time. The intake supervisor shall make notification to the ID department and Pre-trial services to ensure that the staff will exercise additional and appropriate precautions.
The Healthcare On-Site Manager (Assistant Director of Nursing or Healthcare Director) shall be notified when there are individuals who could be presumptive cases or persons under investigation. The provider will complete an assessment of the individual and the individual will be isolated in a holding cell. If clinical symptoms indicate a necessity to pursue testing, the health department will be consulted to determine if testing should be completed by calling (412-724-3258). The provider will review and complete the Human Infection with 2019 Novel Coronavirus Person Under Investigation (PUI) and Case Report Form. The provider will obtain the specimen as indicated by the PA Department of Health Coronavirus 2019 (COVID-19) Specimen Collection and Shipping Guidance form while wearing all approved PPE. The specimen shall be placed in a biohazard specimen bag and will be placed on ice until it is picked up for laboratory testing.
Individuals shall be encouraged to consume fluids and rest. Individuals who have medical conditions that may increase their risk of dehydration (i.e. detoxification) shall be provided with frequent offerings of beverages.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Hospital Returns Inmates returning to the Allegheny County Jail from a hospital, more than 24 hours from their release from the ACJ to the hospital, will be processed as new detainees for COVID-19 screening purposes consistent with this Policy. Inmates who are returning from a hospital less than 24 hours from their release from the ACJ to the hospital will be treated as directed by medical personnel at the hospital and at the ACJ. Any staff involved with transporting any inmate to or from the hospital is required to wear a mask.
Housing in Intake Intake holding cells have had soap dispensers added to allow for frequent hand washing of new arrests.
Female Holding Cells: 1. Cell H2: Houses up to 15 females per cell 2. Cell H17: Houses up to 10 females per cell 3. Cell H18: Houses up to 10 females per cell 4. Cell IP7: Can house up to 30 females in cell
*Special precautions shall be taken with females who are pregnant. These individuals shall be prioritized through all screening processes to reduce/limit exposure.
Male Holding Cells: 1. Cells H4-H8, H10-H11: House individuals 3 per cell if there is 1 bench and 6 per cell if there are 2 benches. 2. Cells H3, H12-H16: House up to 20 individuals per cell. 3. Cells CH1-4: House up to 6 individuals per cell. 4. Cell CH6: House up to 20 individuals in this cell. 5. Cells CH7-8: House up to 3 individuals in this cell. 6. Cells IP1-2: House up to 20 individuals per cell. 7. Cell IP3: House up to 15 individuals in this cell. 8. Cells IP4-6: House up to 6 individuals per cell.
New arrests who are identified as medically vulnerable during the COVID-19 pandemic, will be quarantined from other individuals and expedited, as indicated, through the intake processes.
In order to mitigate risk and disease spread, healthcare and correctional staff will work to promptly process all individuals (per procedures) to reduce the requirement of shared spaces by large volumes of individuals. Due to a dramatic reduction in numbers, the Allegheny County Jail will comply with recommendations of social distancing and ensure that individuals are not unnecessarily congregating in areas as long as space allows.
Frequent cleaning of the cells and all surface areas (to include dayroom chairs in processing) will occur continuously in intake. Special attention will be given to phones, vending machines, and shared surfaces.
In the healthcare processing area, all surface areas will be disinfected between contact/use. Disinfecting agents will be utilized by inmate workers, correctional officers, and healthcare staff.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Transfers from the Intake Housing Unit(s): 4A, 4F, and 5F Unless indicated to the medical housing unit under an isolation or quarantine status, all new male admissions will be sent to 4A or 5F as part of typical classification procedures. Unless indicated to 5MD under an isolation or quarantine status, all new female admissions will be sent to 4F as part of typical classification procedures. Both intake housing units will be treated as quarantine units which will indicate mandatory mask wearing for any time out of cell. These units will have frequent monitoring from healthcare staff, to include temperature screenings.
Prior to transfer from the intake housing unit or new admission status, providers (mid-levels or physicians) will be designated to assess individuals before they are eligible to transfer. New admissions shall have reduced movement to meet their daily hygiene needs without having recreation in large groups. Temperature screenings and other applicable vital signs will be taken for all new admissions for a minimum of 14 days. The new admission will remain on the housing unit for 14 days continued monitoring. If space does not allow, the inmate will be classified and moved to an indicated housing unit and will remain on quarantine status and will be required to wear a mask during any time out of cell.
All new admission housing units will be expected to strictly enforce social distancing practices and the adherence of donned masks during all times outside of their cells. If a new admission is unwilling to comply with those expectations, for the safety of the institution, they will face disciplinary action and restricted time out of their cell.
Due to housing policies, individuals on intake housing units are not permitted to be “single celled” status. If the individual demonstrates any risk factors, they will be appropriately quarantined or isolated.
TREATMENT/ISOLATION Until further notice, individuals who are identified as isolation status will be transferred to 5B or 7D (for males). Isolation status individuals (confirmed or suspected COVID-19 cases) will be housed in the isolation cells in the rear of 5B or in a single cell on 7D. All staff (to include correctional officers) will adhere to the use of PPE to observe droplet precautions in the interaction and care of these individuals. All PPE utilized will be properly disposed on in biohazard waste bins that will be located on the housing units. Individuals will be designated as quarantine status when they are part of a contact study with someone who is on isolation status. These persons can quarantine on their designated housing unit as long as their medical status remains stable.
Males who are confirmed or suspected of COVID-19, housed on 7D, will be afforded the opportunity to routinely shower to ensure the maintenance of their personal hygiene. Confirmed or suspected cases will shower on days opposite those that may be on quarantine status.
Individuals who are on quarantine status will be able to have recreation independent of others. They will be expected to wear a mask every time they exit their cell and when any staff approach/enter their cell to participate in a healthcare encounter. Treatment and monitoring recommendations will be provided, in accordance with current clinical recommendations for COVID-19, as ordered by the treating provider on-site.
Meals will be ordered and delivered on disposable trays/drink containers and will be properly disposed of after use.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Individuals on quarantine status will be provided with disinfecting agents and detail inmates will be required to disinfect all areas utilized when they have spent time outside of their cell. Specific attention will be given to surface areas they contacted (i.e. phones and showers).
5B sally port will be reserved for emergent care or assessment. All other services will be directed elsewhere to reduce traffic or potential exposure. Inmates being transferred to 5B must be wearing a mask.
Females, formerly housed on 5B, will be housed on 5MD until further notice. Providers will conduct rounds, as clinically indicated, on those units to ensure a continuous provision of health care services.
Incarcerated individuals who can be managed on-site will be encouraged to rest and drink fluids. Individuals will remain locked in their cells and separated from the general population. Medicines will be provided, at the discretion of the healthcare providers, to address their symptoms (i.e. acetaminophen for fever reduction). Monitoring and treatment determinations will be made by the authorized healthcare providers.
If an individual is diagnosed with COVID-19, medication pass will be conducted at their cell door. Healthcare professionals and correctional staff should utilize precautions and wash hands after contact with individuals who are sick.
If the incarcerated individual’s illness and symptoms are too severe, warranting a higher level of care, transfer will be coordinated with one of the local hospitals for admission. At time of transport, the inmate shall be provided with a surgical/procedure mask and transporting staff will be provided with N95 masks. All healthcare and correctional staff shall utilize disposable gloves and other indicated PPE.
SPECIMEN TESTING Current recommendations from the Health Department include, but are not limited to, a new onset of symptoms: temperature (99.0 degrees Fahrenheit or above, respiratory symptoms: cough, shortness of breath, sore throat, loss of taste/smell). Clinical assessment of the individual will take precedent and if there is concern, or indication to test, those symptoms will be reported to the Health Department.
The established COVID-19 Testing Work Flow shall be utilized. All recommendations for specimen testing, via the PA Department of Health (DOH) and Bureau of Laboratories (BOL) shall be followed for collection and shipping guidelines. Testing will only be conducted with the explicit permission and coordination with the Allegheny County Health Department.
Healthcare personnel collecting samples from potentially infectious patients should follow standard precautions and all pertinent biosafety guidelines.
When an inmate is a confirmed case, recommended contact studies will be completed to determine if there are any other individuals who should have quarantine or isolation measures completed to mitigate further disease spread. Contact studies will include interviews and CCTV camera review.
Positive inmate screens will be reported to Tom Greishaw with the PA Department of Corrections, excluding any identifiers, to provide incidence rates for each County Correctional Institution.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Discharging from Isolation/Quarantine Status In collaboration with the Allegheny County Health Department and referenced materials provided by the PA Department of Health and Allegheny Health Network, the following parameters will serve as a minimum guideline for release from isolation or quarantine status. It should be noted that these parameters mark a guideline, but the clinical presentation of the affected individual will remain the primary source for clinical decisions.
Isolation – Confirmed Positive COVID-19 Cases Individuals who have been tested and have been diagnosed with COVID-19 will remain on Isolation status for a minimum of 10 days from initial symptom presentation. If they remain stable, they may be considered for transition to a Quarantine status which will allow for increased time out of cell. They will remain on quarantine status for 3 additional days and must be fever free without the use of antipyretics (i.e. Acetaminophen/Tylenol) with improvement in respiratory conditions.
Quarantine Status – Known Exposure to a Positive COVID-19 Case Individuals who are identified within a contact study to have had a known exposure shall remain on quarantine status for a 14-day period since the date of their exposure. Continued monitoring, in accordance with clinical recommendations, will occur throughout that time period. If the individual remains asymptomatic, they will be eligible for discharge from a Quarantine status.
Quarantine Status – Tested Negative COVID-19 Cases Individuals who have been tested for COVID-19 and have been found to be negative will remain on a quarantine status for the duration of 14 days. If the individual remains asymptomatic, they will be eligible for discharge from a Quarantine status.
Any individual who is “released from custody” of the jail and is on Isolation or Quarantine status will require significant discharge planning to mitigate the risk of disease spread in the community. This will be conducted on a case by case basis, including an interview with the individual to determine the following: where they will be living upon release, if they have medically vulnerable individuals within their household, how they will travel from the Allegheny County Jail to their designated location upon release.
CONTACT STUDY REVIEW
Inmate When an inmate is a suspected case, healthcare staff and administration will quarantine the cell mate (if applicable) while pending treatment or diagnostic measures are ongoing. As of 4/12/20, the Allegheny County Health Department has indicated that contact individuals can be quarantined on their housing unit as long as they are appropriately medically monitored, and their clinical presentation remains stable.
When an inmate is confirmed as a positive case of COVID-19, the health department will notify the positive results upon receipt. Consultation will occur to ensure that all additional contact measures will be taken. Contact study measures can include, but not limited to: interviewing the patient to determine any known associates, housing review of all individuals that would have been in close contact of the individual, and CCTV
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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video review. The administrative staff will be prepared to provide a housing history to the health department, onset of symptoms, and date of testing, to collaborate on all measures to be taken. “Close contact,” is currently defined as a sustained contact/encounter with an individual within 6 feet for more than 10 minutes.
Any area in which the inmate(s) were housed should be cleaned with the disinfecting agents for a focused clean on the cell of the inmate(s). All frequently touched surfaces should be cleaned/disinfected before individuals are permitted to return to out of cell time.
HEALTHCARE OPERATIONS
Healthcare Screening: Sick Call Healthcare staff shall be educated on the signs/symptoms of COVID-19 to provide ongoing education to the patient population.
Providers (mid-levels and physicians) will increase their engagement on the intake housing units to work to mitigate any disease spread and determine if individuals are presenting increased symptoms on the intake housing units so additional measures can be implemented to reduce disease spread.
During, any non-emergent healthcare interaction, an augmented form will accompany the healthcare employee to assess for evidence of fever (e.g., sweating, clammy skin, chills), upper respiratory complaints (ruling out history of smoking, asthma, seasonal allergies, other conditions that cause respiratory conditions), loss of smell or taste, recent travel to an area impacted by COVID-19, and/or recent contact with someone who is known to have been diagnosed with COVID-19.
If, based on the assessment of the individual, the person is displaying symptoms, they shall be immediately quarantined for review by a provider. If the healthcare provider determines that testing is indicated, they will be placed on medical isolation until the results from testing have been received.
The Healthcare On-Site Manager (Assistant Director of Nursing or Healthcare Director) shall be notified when there are individuals who could be presumptive cases.
Medication Pass Medication pass will continue to be conducted on the general population housing units in the designated area (pantry). Inmates will be released per the institution’s break in/break out procedures for administration of medications.
During medication pass, all inmates will be instructed to bring their own cups to medication line to eliminate or reduce the risk of transfer of property. If an individual is on isolation precautions, the nurse will administer medications at the cell in a prepared envelope of medications. Healthcare staff will utilize the appropriate PPE during the interaction.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Medication Delivery (Kane Pharmacy) Medication deliveries will be provided 3 times daily to ensure that there are timely releases of inmates from the facility. Medication delivery will be provided in labelled paper bags and must be transitioned from the Kane Delivery Drive to a Healthcare Staff member (Medication Room Technician or other authorized individual).
Medication returns, for destruction, will no longer be accepted. Medications will be destroyed, on-site, per policies and procedures of the institution. Controlled substances will be witnessed during destruction and all destruction will be documented accordingly.
Dental Services Following recommendations from the American Dental Association and the Allegheny County Health Department, non-emergent dental services and procedures will be delayed. Essential dental services will continue to be provided. The contracted dental provider will continue to follow all appropriate measures of infection control.
Clinic Services In order to reduce movement and communal settings for inmates from varying housing settings, the clinic will be closed except for necessary populations (e.g. pregnant females and radiology). Healthcare staff will be deployed to housing units to perform non-emergency healthcare requests, provider visits, or assist in other locations of the facility that have critical staffing needs.
PREVENTION AND EDUCATION On March 14, 2020, in order to increase awareness and education, the Allegheny County Jail posted literature on housing units, hallways, and employee office areas. Posters reinforced appropriate hand hygiene and were developed by the CDC or Allegheny County with direction from the CDC. Literature was also broadcasted on TV monitors in housing units and employee office areas. Symptom presentation, warning signs, prevention measures, and methods to disinfect have been communicated directly to all employees through e-mail.
On April 1, 2020, Townhall meeting information were distributed to all housing units to communicate additional COVID-19 information to inmates. Additionally, townhall meetings were conducted on housing units by supervisory staff to the inmate population.
NON-ESSENTIAL SERVICES With additional direction from community stakeholders, it has been determined that the most responsible decision to reduce the risk of community spread will be to temporarily suspend non-essential services in the facility and restrict the number of individuals entering/exiting the facility. Due to these recommendations, classes in the education department, Reentry, large gyms, and housing units shall be suspended.
Further action plans for respective departments of “non-essential” services are defined below.
Education Services/Inmate Programs In collaboration with the Allegheny Intermediate Unit (A.I.U.) leadership, contingency plans have been developed. A.I.U. Juvenile and Adult Education programs have developed education packets for weekly distribution to inmates to encourage ongoing learning and continued operations.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Education material for both Juvenile and Adult Education Programs will be stored in a Central Location (filing cabinet in room 1174; drawer will be designated for emergency only). Material will be in manila folders labeled with each individual inmate’s name.
Distribution of educational materials will be done by the Inmate Programs Administrator, Correctional Officer, or designee. Distribution time will be determined based on the ACJ procedure of who would be permitted to enter the housing units.
Additional outreach is occurring with contracted service providers and volunteers (i.e. Batterer’s Intervention Program, Creative Writing, Veteran’s Pod, Father’s Support Group, and AA/NA) to develop course material on paper. The inmate participate would have to turn completed work at a designated time to receive credit.
Petey Greene mentors are also currently suspended from providing services within the facility.
Religious Services Volunteers will be suspended until professional visits resume. Communal practice of religious services will be temporarily suspended. In collaboration with the Chaplaincy department, a reduced schedule will be developed to allow for staff to provide religious support while reducing or mitigating the risk of any potential for disease spread. Materials necessary for religious observation will be provided to allow for the continued opportunity for inmates to privately observe their religious practices.
Chaplaincy Programs will stagger their staff to be on-site and will continue to facilitate the following services: answering inmate requests for devotionals and scriptures, providing weekly devotional resources to the housing units, visiting inmates upon referrals, providing notice and support during death notifications or notifications of serious illness of their loved ones, responding to emergent needs for spiritual counseling, supplying reading glasses, and supplying leisure material (i.e. crossword puzzles, word searches, books).
Religious services will be pre-recorded and broadcasted over the Jail’s television system during timed intervals. Correctional staff will permit individuals, on their housing unit, to participate in these services, as indicated.
HOPE/Pre-Release Program Volunteers (therapists, yoga instructors, Bible study leaders, etc.) will be suspended until professional visits resume. HOPE/Pre-Release permanent staff will also complete curriculum and resource development from remote/off-site locations to reduce introduction of disease on the housing unit.
Re-Entry Services Instructors, mentors, therapists, tutors, etc. will be suspended until professional visits resume. Contracted service providers (Parenting, Relationships, Thinking for Change, etc.) will develop and provide 1-2 week packets for distribution to the participating population.
Visitation Contact visits are suspended until further notice. Ongoing conversations will take place to establish next steps for contact visits that are currently under court order.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Beginning Monday, March 16, 2020 and for the following two weeks, all social visits (even non-contact) will be suspended until further notice.
Visiting (M) levels have had paper towel dispensers installed and will have appropriately diluted solution (bleach) available for ongoing cleaning to take place.
Attorney visits will continue, as indicated. Additional considerations will be made to determine the feasibility/sustainability of video conferencing for visits. Commissary Services Staff employed by the Commissary vendor (TKC Holdings, Inc.) shall ensure that they are briefed in their organizations COVID-19 Emergency Action Plan and all updates to their plan will be communicated to the Administration of the Allegheny County Jail.
In accordance with the determinations made by TKC Holdings, Inc., Keefe employees assigned to ACJ will work a reduced schedule on-site. Staff will work in the warehouse to process/ship commissary and Securepak orders into the facility. Credits will still be processed by Keefe staff. Ongoing coordination and communication will occur with supervisors
Continued delivery of services will be permitted at the discretion of the Jail Administration. To observe recommendations for reduced contact and social distancing, contracted commissary employees will not count items with the inmate. Instead, the items will be packaged and provided in a bag to the inmate who will sign for receiving their order. Inmates who are unwilling to accept their order in this manner will not receive their items and will be credited for their order.
COURTS/TRANSFERS/LEGAL SERVICES/RELEASES Per order of President Judge Kimberly Clark, the Court of Common Pleas of Allegheny County, Fifth Judicial District, invoked an order consistent with the Supreme Court of Pennsylvania to outline emergency operations from March 17-April 14, 2020. The order outlines the operations of the courts throughout this time period and will be expressly supported and followed by the Allegheny County Jail.
Excluding emergent circumstances, all inmates will be screened prior to their transfer off-site with any transporting agency. A “COVID-19 Transfer/Release Screening Form” will be completed to include the Name, Inmate Number, Date of Birth, Date of Completion, Temperature reading 1, Temperature reading 2, Indication of Respiratory Symptoms, Indications for Precautions, and the name of the Healthcare professional that completes the screening. This form will be scanned into their Electronic Health Record and a copy will be provided to the transporting agency.
Reducing Movement When possible, individuals will remain on their housing units to receive services. If individuals within Allegheny County were to be diagnosed with COVID-19, determinations would be made to reduce movement in the facility to emergent movement.
Receiving Transfers from Other Facilities (County, State, and Federal) Transfers from all other facilities will cease unless authorized by the Warden. Transfers to other facilities will occur with screening measures.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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On April 10, 2020, Secretary of Corrections John E. Wetzel communicated a memorandum that all transfers from county facilities to PA DOC facilities will be suspended effective 4/11/20-4/25/20. These efforts were communicated to “defend in place” and to further mitigate the spread of COVID-19 in Pennsylvania. Following the issuance of this memorandum, many of the county correctional facilities followed this direction and have temporarily suspended transfers.
Court Movement Court movement will continue to follow all appropriate procedures. When possible, video conferencing will be utilized to limit the movement of individuals. If an individual is currently on precautionary/quarantine status, Pretrial services and the Judge will be notified to make determinations regarding their case. Sheriff’s shall report any potential signs of illness during transports.
Video Arraignment Due to prolonged closures of courthouse transfers, the Video Arraignment complex has expanded capacity and schedules to meet the legal needs of the inmates. In collaboration with stakeholders within the criminal justice system, primarily the Office of the Public Defender, the Video Arraignment complex has been managing nearly 100 individuals daily. Additional computer stations (four) have been added with capacity to conference with legal counsel or the courts.
The video complex currently has 9 different video conferencing stations with 60 chairs capable of serving inmates. The chairs will be moved to comply with social distancing recommendations by spacing chairs apart by several feet. All inmates are expected to wear a mask when being transported to the video arraignment complex and must wear a mask while they are in the complex.
To support ongoing violation hearings, the hearing officer can video conference from the Manor Building and the Probation Officers can be contacted via phone.
Transfers to Alternative Housing Sites (Renewal, Inc. and The Program for Offenders) Beginning 3/13/20, transfers to alternative housing sites will cease to assist in their management of the population and decrease the incidence of disease spread. Each Alternative Housing provider will activate their continuing of operations plans and will provide those plans to the Administration at the Allegheny County Jail.
Permanent Releases from the Facility Allegheny County Criminal Justice Representatives (Office of the Public Defender, Pre-Trial Services, District Attorney’s Office, etc.) shall continue to review the current incarcerated population to determine if any nonviolent offenders are eligible for release.
Discharge and Release processes will continue to be sustained throughout this time period and will be reducing the hours of operation to sustain services between 8:30am-5:00pm Sunday-Saturday. Services will continue to include offering Narcan, providing resources/referrals, facilitating phone calls, and providing bus tickets. All inmates who are prescribed medications will leave with the appropriate amount of medications and scripts (when applicable). During the additional evening hours, the Intake Supervisory staff will be prepared to provide vouchers for public transportation use.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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The Cashier’s Office will also work with reduced hours. If individuals are released outside of hours, coordination will be made to ensure that they receive the money from their accounts in accordance with policy and procedure.
Individuals who will be permanently released from the facility and have been on quarantine precautions or have been a confirmed case of COVID-19 will be provided with necessary documentation regarding the measures that should be taken in the community upon their release. This information has been provided to our facility from the PA Department of Health.
Transfers within the Facility As of 4/8/20, transfers from housing units will not occur without explicit authorization. Emergent circumstances (i.e. transfer to an acute mental health unit or transfer to the medical housing unit) may indicate a need to transfer an individual. Other interfacility transfers (i.e. 2A → 2C) must be approved in advance of the transfer. No unnecessary movement shall be warranted.
Transfers to the Hospital Any urgent or emergent medical needs that exceed the level of care that can be provided on-site will be referred to an appropriate off-site treatment provider. Excluding emergent trips, a transfer screening will be completed to accompany the inmate. The receiving provider will also be notified, prior to receiving the inmate, of any risk factors or persons under investigation to appropriately prepare for the new admission.
In emergent transports, when 911 is called, the dispatcher must be informed if the patient has symptoms of COVID-19. This notification will allow the responders to ensure the utilization of the appropriate PPE for the transport and will also make additional notification to the receiving hospital.
In collaboration with our institutional medical partner, Allegheny Health Network (AHN) has requested that procedures be limited to emergent or planned medically urgent at all of their AHN sites. AHN has requested a cancellation or postponement of elective and not medically urgent procedures.
AHN has defined elective and not medically urgent to include: screening endoscopy, elective arthroplasty, neurologically-intact spine surgery, outpatient arthroscopy, delayed breast reconstruction, ostomy reversals, aesthetic surgery, reducible hernias, elective SVT ablations US guided thyroid biopsies, joint injections/arthrograms.
AHN has defined planned medically urgent to include: cancer surgery, interventional cardiac catheterization, fractures, acute infections, cholecystitis, appendicitis, CABGs, tendon/nerve injuries, tracheostomies, other procedures that will facilitate patient disposition.
AHN has defined emergent to include, but not limited to: open fractures, limb ischemia, intracranial hemorrhage, penetrating trauma, bowel perforation/ischemia, bleeding, neurologically-compromised spine surgery. GENERAL POPULATION UNITS: SOCIAL DISTANCING All correctional officers assigned to housing units will be expected to reinforce recommendations of social distancing on housing units and ensure that all environmental cleaning occurs. Prior to allowing inmates out of their
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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cells, the Officer will announce expectations regarding social distancing and cleaning. In order to ensure that these units can be managed, a reduced number of inmates will be permitted out of their cell (not to exceed 10).
Individuals identified as “Medically Vulnerable” (as defined by the CDC in relation to COVID-19) will be housed in a single cell, on their current housing unit, to the extent feasible in accordance with indicated safety measures within the facility.
By current jail policy and procedure, juvenile offenders are housed in single cells.
DIETARY Staff employed by the Dietary vendor (TKC Holdings Inc.) shall ensure that they are briefed in their organizations COVID-19 Emergency Action Plan and all updates to their plan will be communicated to the Administration of the Allegheny County Jail.
Dietary vendor will ensure that frequent cleaning occurs throughout the kitchen area and will avoid contact with food. All inmate workers will continue to utilize appropriate protective measures. Dietary vendor will ensure compliance to all indicated measures to promote food safety.
To reduce exposure from the inmate population to staff, Trinity Take Out (TTO) will be discontinued until further notice.
Inmates who are on precautionary or isolation status will be provided their food in a disposable container.
Due to the proximity of contact and duration of time that inmates and TKC Holdings, Inc. (Trinity staff) are working, to fulfill dietary needs within the facility, inmates who are assigned the detail of “kitchen worker” will have their temperatures taken two times daily. If they have an elevated temperature, they will not be permitted to work and further determinations will be made based on their clinical presentations.
ENVIRONMENTAL CLEANING Disinfecting agents will be deployed to Employee Lounge/ODR, Control Booth, Shift Commander’s Office, Education Department, Chaplaincy Department, Discharge and Release Center, and other areas that employees frequently occupy. Employees shall be responsible for ensuring that they maintain cleaning within their designated areas.
Disinfecting agents will be EPA-registered disinfectants effective against COVID-19. Disinfecting agents will also include an appropriately diluted bleach and water solution, following instructions from the CDC.
All frequently touched surface areas and shared work spaces will require multiple cleanings throughout each shift.
Previously installed wall units for hand sanitizing will have the foaming hand sanitizer replaced with 60% alcohol based hand sanitizer to ensure that employees are able to utilize alcohol based hand sanitizer until they are able to reach a sink to cleanse their hands with soap and water.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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ENVIRONMENTAL CLEANING: HOUSING UNITS Cleaning supplies will be routinely deployed to the housing units for cleaning of all shared areas and cells. Regular environmental cleaning is encouraged to reduce the risk of respiratory illness transmission, as several of these pathogens can live on surfaces for extended periods of time. EPA-approved disinfectants should kill enveloped viruses and have coverage for emerging viral pathogens.
The Correctional Officers assigned duties on the housing unit, or other designated areas, will ensure that inmates assigned cleaning duties will be responsible for the general housing areas, common areas, dayroom space, pod furniture, and other areas as designated. The inmates will be supervised while utilizing the disinfecting agents. Sweeping, mopping, cleaning, wiping, and collection of trash/garbage shall be designated by the Correctional officer.
Sinks All sinks in the Housing Unit Pantry will be cleaned after every meal serving. Sinks will not contain standing water when not being used for cleaning items and sinks will not be left running. If necessary, a work order will be submitted to correct any plumbing issues. Particular attention shall be given to the faucet handles and other areas that are “high volume” in touch.
Showers All shower stalls will be cleaned utilizing all designated cleaning agents after every general use. The Shower cleaning detail will be used during all lock ins and count times (once the count is cleared) when the showers are not in general use.
Housing Unit Floors The pod floors will be swept and mopped after every meal and once the pod is locked in after recreation period. The pantry floor will be swept and mopped after every meal period. The sally port floor will also be swept and mopped routinely due to the nature of a high traffic area.
Housing Unit Furniture All pod furniture, to include tables and chairs, will be cleaned at a minimum of once a shift and after every meal period. All table tops will be cleaned using disinfectant after every meal period, and the pod chairs will be wiped down with disinfectant being utilized on the arm area of the chair, ensure that the surface areas of tables are dry before use.
Law Library/Commissary Kiosk(s) Kiosks, stools, and tables will be cleaned after every use with disinfecting agents.
Inmate Phones Due to the proximity of phones to an inmate’s mouth and the higher risk of disease spread, additional attention shall be given to the inmate phones for calls and non-contact visits. These shall be disinfected between every use.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Trash Receptacles All trash receptacles will be emptied per policy or as necessary. For example, receptacles shall not be more than half full at all times. Trash receptacles will be covered, when applicable. Trash receptacles shall not include any biohazardous waste materials.
Biohazardous Waste Biohazardous waste will be collected in the appropriately indicated waste bags and bins. These areas will be monitored by healthcare staff and will be emptied routinely. When emptied, the bags will be appropriately secured in the Biohazard room. If needed, the contracted company will be contacted to schedule more frequent pick ups for removal of waste.
Stairs and Second Tiers The second level tiers will be swept and mopped every shift and the stairs will be cleaned by wiping giving special attention to the area immediately under the first 4 steps. The railings of the stairs and second level tiers will be disinfected during count times by the Pod workers.
Supply Closet The supply closet will be cleaned at least once per shift, with all cleaning equipment being returned to the closet for accountability purposes in accordance with current policy when equipment is not in use. All paper towels or other cleaning impliments will be stored and issued from the supply closet by the Pod Officer as needed for cleaning purposes. All cleaning chemicals/agents will be accounted for and stored in the closet per policy.
Inmate Cells All inmates will be held accountable for their assigned cell. Inmates will be required to conduct cell cleaning with special attention to the following areas:
Toilets All toilets will be clean and flushed, i.e. there should be no toilet paper, feces, or other items in the toilet bowl.
Cell Sinks Sinks will be clean and free of standing water. Pod Officers will submit a work order as soon as possible, after verifying, for sinks that are not operable.
Cell Floors Cell floors will be swept and mopped per institutional cell cleaning policy. There will be no blankets used as rugs (exception will be a prayer rug). All items will be neatly stored under the bunk in the inmate’s individual storage container (bin). Footwear will be placed neatly under the bunk. When the bed is not in use, the issued blankets will be folded and placed on the mattress.
Cell Walls Cell walls will be clean and free of pictures and clothes lines.
Cell Table/Stool Table surfaces will be clean and any items on the table will be placed in a neat and orderly fashion.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Trash Any trash in the cell will be located by the cell door and will be taken by the inmate to one of the trash receptacles on the pod when able.
ENVIRONMENTAL CLEANING: GROUND LEVEL/INTAKE Intake workers will be tasked with the continuous cleaning of all commonly touched areas in our Intake Department to include, but not limited to: phones, door handles, walls, and counter tops. When a cell is vacant, an inmate worker will clean the cell (wiping down walls, bunks, sinks, inside/outside of doors, and toilets). At not time should the same rag be utilized to clean all areas simultaneously. This work is also to include the continuous sweeping and mopping of floors. As an extra precaution, inmate workers will be provided with Kaivac machines on the weekends for thorough cleaning of cells when vacated.
In addition to the holding cells, Intake, Processing, Pre-Arraignment, Supply, Laundry, Tool Room, and Kitchen shall be frequently monitored and cleaned.
Supply Correctional Officers assigned to supply/tool room will be responsible for disinfecting all utilized tools and frequently touched surface areas with the approved cleaning agent. The Officer(s) assigned will be responsible for the direct supervision of inmates who will also be engaging in cleaning (sweeping, mopping, disinfecting).
Kitchen The contracted dietary provider, inmate workers, and Correctional Officers will continue to follow all hygiene guidelines in accordance with policies and procedures as well as the Health Department for cleanliness and food preparation. All individuals who have contact with food will continue to wear the appropriate gloves/barriers/hairnets when handling food products and will frequently sanitize and clean their areas.
Inmate workers who are displaying symptoms of respiratory illness shall not be permitted to work and shall be evaluated by the healthcare department.
After 2000 hours, the final daily cleaning of the kitchen will be completed by remaining inmate kitchen workers. All surface areas will be cleaned with the disinfecting agent and all sinks/receptacles will be free of standing water.
Additional cleaning supplies will be deployed to accomplish these objectives and will be managed/controlled by the correctional officers and Intake supervisors.
ENVIRONMENTAL CLEANING: ELEVATORS Every hour central control will direct the elevators to ground level for cleaning. Kitchen/Ground floor officers will utilize inmate workers to clean the elevators with the disinfecting agents to include the following considerations: ensuring all cars are free of debris, sanitizing hand rails, sanitizing the elevator control panel, and ensuring that the floor is sprayed with the cleaning agent.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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ENVIRONMENTAL CLEANING: EMPLOYEE ENTRANCE Nightly, the 1M cleaning crew shall conduct a thorough cleaning of the employee entrance, to include the employee entrance elevator and stairwell. Due to this being a high volume/traffic area, the employee entrance Sergeant shall ensure thorough cleaning of this area to include the entrance desk, doors, railings, lockers, bins, and any other applicable surface area.
ENVIRONMENTAL CLEANING: RESTRAINTS After the use of handcuffs, leg irons, waist chains, and/or restraint chairs, the tools will be thoroughly cleaned and sanitized with a disinfecting agent before they are utilized with another contact/inmate.
If therapeutic restraints are indicated, these must be sanitized before use with another contact/inmate.
Spit masks will be disposed after use.
INMATE PHONE CALLS With support from Global Tel*Link (GTL), beginning Thursday, March 19 through April 14, 2020 every inmate who is eligible for phone calls (not currently on restrictions) will have access to 1 free minute phone call each day. No credit is given for unused phone calls. Each housing unit will have a sign posted to indicate the process for the phone calls
INMATE HYGIENE All inmates will be required to meet personal hygiene needs daily. All inmates will be required to shower at a minimum of 3 times per week. Soap will be issued to all inmates by the assigned Correctional Officer for frequent hand washing in cells. Correctional Officers will notify their respective Unit Managers of any issues at is relates to potential hygiene issues with any inmates assigned to their housing unit.
INMATE RECREATION To comply with recommendations to reduce groups larger than 10, considerations will be made for intake housing units to reduce the interaction between individuals who may require additional screening.
POPULATION MANAGEMENT With a reduced population, considerations will be made for the most appropriate management of the population. If housing units are temporarily closed, these units may be designated as units to house “sick” individuals in the future to ensure mitigation of disease spread.
SUPPLIES Every housing unit shall be appropriately supplied with bars of soap to increase hand washing and hand hygiene. Every housing unit will be provided with access to the disinfecting agent for environmental cleaning on all shifts as detailed in previous sections of this plan.
Ongoing assessments will be made to ensure that there is available PPE.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Each housing unit should report if the hand sanitizer station is emptied. High volume areas (i.e. outside of elevators, entrances) shall be routinely assessed to determine if hand sanitizer stations need refilled.
Rationing of necessary supplies will be evaluated on an ongoing basis to ensure that all inmates are provided with supplies related to basic hygiene needs.
NOTIFICATION TO HEALTH DEPARTMENT If the Allegheny County Jail has a suspected case, the healthcare manager on duty will notify the Medical Director. The Medical Director or healthcare manager on duty will make notification to the Chief Deputy Warden of Healthcare Services. The PA Department of Health will be contacted (1-877-PA-HEALTH) and local contacts will be made for Department of Health employees via their notification protocols and procedures.
Additional notifications will be made through appropriate utilization of the chain of command.
EMPLOYEE ILLNESS/STAFFING LEVELS Employees who are ill should seek treatment and follow the recommendations of their healthcare provider.
As a correctional agency, safe and secure operations will remain the primary focus. Because compromised staffing could be a threat to secure operations, staffing levels will be monitored continuously.
If staffing levels are reduced, due to unavailable work force, an institutional lockdown shall be initiated. Nonessential posts shall be removed and reallocated to necessary areas of the facility. The healthcare department shall identify areas of “non-essential need” and redeploy staff as they are able. Determinations may be made to discontinue clinic services to deploy staff to complete necessary functions (such as medication pass or intake screening).
Staffing levels and assignments of staff will be assessed, each shift, daily. Staffing levels will determine operational tempo.
Administrative staff will brief all necessary individuals daily to include the status of operations. Shift Commanders and Healthcare Managers (Assistant Director’s of Nursing) will review the following shifts schedules and prepare for any necessary changes.
Non-Essential Employees The following departments will be evaluated to determine if there is an opportunity for fewer employees to report to the facility and conduct their work from home via remote access:
Casework Alternative Housing Reentry Services HOPE/Chaplaincy Diversion Administrative Services Education/Inmate Programs
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Employee Quarantine If, at the explicit direction of a qualified healthcare provider, an employee is under isolation or quarantine procedures because of potential exposure to COVID-19, the employee will send notification to Jail Administration. They will provide any relevant information necessary for follow up. The Allegheny County Health Department will be contacted by Jail Administrative staff to confirm and identify any additional steps (to include a possible review of recent work assignment and contact).
To support employees during this pandemic period, Allegheny County is encouraging employees who are sick to stay home instead of reporting to work. The county has issued a temporary 14-day quarantine/incubation paid leave policy and requires the following actions to be taken to ensure the employee is eligible without utilization of their earned benefit time.
Employees eligible for this leave of absence must qualify with one of the following criteria: 1. The employee has tested positive for COVID-19; 2. The employee has been directed by a health care provider to self-quarantine because s/he is awaiting test results; or 3. The employee has underlying health concerns that may be impacted by the virus, and is being advised by his/her health care provider to self-quarantine
Employees must follow their call off procedures and also contact UPMC WorkPartners to open a leave of absence under the county’s temporary 14-day policy. Employees will be required to provide documentation to UPMC WorkPartners to certify their leave.
The temporary 14-day policy does not cover situations in which employees need to stay home to care for family members who are “at risk,” have chosen to self- quarantine and were not directed by a medical provider, or for any other reason other than those listed above.
The supervisor that is receiving the call off notification will gather the following information: 1. Are you electing to quarantine because you… a. Tested positive for COVID-19 b. Were medically directed to c. Have a pre-existing condition and were medically directed to 2. What is the first date of your quarantine? 3. Can you provide a telephone number for an administrative staff person can contact you for follow up?
If the employee is quarantined for testing positive or awaiting test results, supervisory staff will need to confirm all work assignments for the previous 6 shifts. Priority screening will happen with all individuals who may have been in contact with the employee during their work assignments.
Employees who have been quarantined or tested will need to produce documentation that clears that to return to work.
Any employees who have been assigned work (i.e. healthcare staff) in high risk areas (i.e. New York City), will not be permitted to work in the facility until a 14 day period has elapsed and employee can demonstrate that they have been symptom free for those 14 days.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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EMPLOYEES: POSITIVE COVID-19 TESTING
Reporting Pennsylvania Emergency Management Agency (PEMA) is requesting that all First-Responder Agencies make notification regarding any employees that test positive for COVID-19. Names, specific medical information, and details should not be included. All reports shall be sent to Michael Spurr, Homeland Security/Law Enforcement Coordinator, via email Michael.Spurr@AlleghenyCounty.US with Allegheny County Emergency Services.
Contact Studies When an employee has been confirmed, the Allegheny County Health Department will assist in providing direction based on the date of symptom presentation, the date the employee last worked, the capacity in which the employee worked, and the date that the employee was screened/tested positive. When the objective data has been gathered, the Allegheny County Health Department will provide direction for the designated dates that should be reviewed, utilizing CCTV footage, to establish employees that should be placed under isolation or quarantine procedures from these contact study reviews.
ONGOING HEALTHCARE SERVICES AND STAFFING All treatment and medical decisions within the facility are made under the guidance and supervision of the Medical Director or a designated medical professional. Healthcare providers will implement screening, assessment, monitoring, and treatment recommendations with the guidance from the CDC, PA Department of Health, and Allegheny County Health Department. However, the clinical presentation of the patient and the assessment of the treating provider will be ordered at the direction of a qualified healthcare professional.
Healthcare Staffing It is imperative that healthcare operations continue to ensure the safe maintenance of the inmate population. In the event that staffing levels no longer permit for the continued operations of healthcare staff, the following plan of action will be implemented.
Reduction of Services Substance Use Counselors will discontinue group services on Level 4 and 5E. Staff will be redeployed to areas such as: non-emergency healthcare requests, mental health screening in intake, mental health units, case coordination/collaboration with community service providers such as JRS or CTT for discharge planning into the community.
Clinic staff will be redeployed to other areas of need (such as intake, 5B, or float positions).
Mental Health Specialists will provide support on segregated housing units, mental health units, intake, and non-emergency healthcare requests.
Nurses will ensure that medication passes are completed. Specialized nurses (i.e. detoxification nurse coordinator and staffing educator) will be tasked to fulfill other nursing functions to support the ongoing operations of necessary functions within the facility.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 33 of 34 Healthcare managers, when applicable, will fulfill any necessary line staff roles to redeploy nurses to areas within the facility that indicate the highest need. *Further pandemic staffing plans will be explicitly developed for each shift. Until further notice, staffing complications shall be immediately reported to the Duty Officer and Healthcare Duty Officer respectively.
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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Case 2:20-cv-00496-CB-CRE Document 71 Filed 05/27/20 Page 34 of 34
COMMAND Allegheny County Jail Command Center – Warden’s Conference Room Facility Commander – Warden Orlando Harper (412-390-4412) Operation managers – Chief Deputy Warden David Zetwo (412-498-3518) and Chief Deputy Warden Laura Williams (412-512-9335) Prison Managers: - Deputy Warden Jason Beasom (412-606-8736), Major Adam Smith (412-699-3671), Major Matthew Kohler (412-506-7209), and Major Jack Vanchieri (412-390-4416) Medical Director – Dr. Donald Stechschulte, Jr. (570-490-6510) Shift Commander -as determined by shift assignment, (412-513-2285) Allegheny County Health Department Jennifer Fiddner (412-578-8002), Dr. Kristen Mertz (412-527-6493), Ronald Sugar (412 512-7787), Tom Mangan (412-475-2765) Allegheny County Sheriff’s Department (ACSD) Sheriff Liaisons – Lt. Tom Carter, 412-670-2126 (Allegheny County Command Post) and Sgt. Tom Ninehouser, 412-805-0012 (MCB – Jail Liaison) Allegheny County Emergency Medical Services Chief Matthew Brown (412-670-9350), Assistant Chief Mark Pinchalk (412-977-9278), EMS Coordinator Keith Morse (412-719-0711) Poison Control Center Director, Amanda Korenoski (724-984-2859)
cc: County Manager William McKain Deputy County Managers Stephen Pilarski and Barbara Parees
Orlando L. Harper, Warden Allegheny County Jail 950 Second Avenue • Pittsburgh, PA 15219 Phone (412) 350-2000 • (412) 350-2032 www.alleghenycounty.us

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 Medical Declaration regarding the Management of COVID-19 at Allegheny County Jail Reviewer: William Weber, MD, MPH
Qualifications: 1. I am an American physician licensed to practice in the States of Illinois and Wisconsin,
practicing in the Emergency Department at the University of Chicago Medical Center. I am a Clinical Associate of Emergency Medicine at the University of Chicago as well as a Fellow in International Emergency Medicine. I have practiced emergency medicine for three years and have taught medical students and residents.
2. I am a graduate of the Northwestern University Feinberg School of Medicine. I completed a residency in emergency medicine at the University of Chicago. This residency provided extensive experience in history taking and physical examination of adults and children. In my routine clinical care, I evaluate and treat patients with a wide variety of medical and psychiatric conditions, including patients under the custody of law enforcement agencies. I also completed a Master's Degree in Public Health at Northwestern University, where I focused on public safety and the epidemiology of disease.
3. I am a subcommittee chair on the American College of Emergency Physicians (ACEP) Public Health and Injury Prevention Committee and have served on the committee since 2018. The American College of Emergency Physicians is the largest organized body of emergency physicians in the United States. Our committee writes national practice and policy statements pertaining to public safety, public health topics, and emergency care, including the care of detained immigrants. I have co-authored ACEP position statements on the treatment of detained children and testing for infectious diseases.
4. I have worked on the national level to guide care within the pandemic of the novel SARSCoV-2 virus (COVID-19) including co-authoring a paper on criteria for initiating cardiopulmonary resuscitation (CPR) on critically-ill patients with COVID-19, co-authoring a book chapter in the ACEP national COVID-19 manual, and co-authoring content for a World Health Organization (WHO) course on COVID-19 management and infection control strategies. I practice in Cook County, the county with the third highest number of COVID-19 cases in the United States [as of March 3, 2021]. During this pandemic, I have gained significant experience in the clinical care of patients infected with COVID-19, from those with mild disease to those requiring mechanical ventilation.
5. I have reviewed medical records pertaining to the medical care of patients in carceral facilities scattered throughout the U.S. and have written over 30 medical declarations discussing care as it pertains to the National Detention Standards, Centers for Disease Control and Prevention (CDC) recommendations for carceral facilities, and accepted

standards of medical care. Many of these cases involve the implementation of COVID-19 mitigation strategies by facilities. I have taught over 50 physicians from various specialties how to review medical records and evaluate the care received by patients.
6. I have received no remuneration for my time reviewing this case or preparing this declaration; I have done so as a volunteer. Based on my review of around 100 pages of declarations, warden’s reports, and briefs, I certify that the following declarations are true and correct under penalty of perjury:
The Risk of COVID-19 Outbreaks within Correctional Facilities
7. The National Commission on Covid-19 and Criminal Justice found that the positivity rate for the coronavirus in state and federal prisons is more than four times that in the nonincarcerated population. When adjusting for age and ethnicity, incarcerated individuals are twice as likely to die due to complications from COVID-19.1
8. Correctional facilities are “dynamic environments that intermix incarcerated people and correctional custody, healthcare, and other staff.”2 Johns Hopkins Bloomberg School of Public Health observed that “correctional staff can become infected in the community and bring COVID-19 into facilities.”3 Researchers have found that once the virus is inside a correctional facility, it can rapidly spread through the incarcerated population via the movement of employees and incarcerated workers to numerous housing pods and other areas of the facility.4 Incarcerated people contract the virus when interacting with numerous correctional staff members daily in order to receive food, obtain medication, move around the facility to gain access to recreational and other services. There is an especially high degree of staff interaction for incarcerated workers who are assigned daily tasks, most of which require many direct encounters with both staff and other incarcerated individuals. Incarcerated workers move through a facility in order to do such jobs as collecting trash from
1 Kevin T. Schpel, COVID-19 in U.S. State & Federal Prisons, The Natl. Commission on Covid19 & Crim. Jus. (Sept. 2020), https://cdn.ymaws.com/counciloncj.org/resource/resmgr/covid_commission/FINAL_Schnepel_D esign.pdf. 2 Crystal Watson et al., COVID-19 and the US Criminal Justice System: Evidence for Public Health Measures to Reduce Risk 2, Bloomberg School of Public Health, Johns Hopkins Univ. (Oct. 2020), https://www.centerforhealthsecurity.org/our-work/pubs_archive/pubspdfs/2020/20201015-covid-19-criminal-justice-system.pdf. 3 Id. 4 See, e.g, id.; Open Letter Urging Authorities to Prioritize People in Carceral Facilities for COVID-19 Vaccine (Dec. 17, 2020), https://docs.google.com/document/d/1Rlz5lCDHLCJ4Pnhl0mdNl3VeRSuBu8QWblRtjXu6zN0/ edit (hereinafter “Open Letter on Vaccinating People in Carceral Facilities”).

various housing pods and distributing supplies. If infected, their physical movement enables the virus to spread to different locations and throughout a facility.5
Research on Correctional Staff Transmitting COVID-19
9. Public health experts have found that correctional staff members are vectors for transmitting the virus to incarcerated people, who in turn may spread it to the community through visitation and release.6 For instance, I practice in Cook County, where the City of Chicago is located. In June 2020, the University of Chicago found that the spread of COVID-19 from the Cook County Jail was responsible for nearly 16% of the cases in Illinois.7 A recent study in the American Journal of Preventive Medicine found that correctional staff members at prisons are infected with COVID-19 at a 3.2 times higher rate than the national average.8
Prevalence of Covid at Allegheny County Jail (ACJ) and in Comparison to Allegheny County and Pennsylvania
10. The following chart provides data on testing for and positive cases of Covid-19 for inmates and staff at Allegheny County Jail (ACJ) for the past year, comparing it to similar data for Allegheny County and the Commonwealth of Pennsylvania. These data show that the monthly positivity rates in the jail have been up and down through 2020 and are often higher than in the county and the state. Inmate positive rates spiked in April 2020, in ensuing months dropped to very low levels, spiked again in November 2020, fell again toward the end of the year and in January 2021, and then rose dramatically in February 2021. While there are some months where the prevalence in the facility was lower than for the county or Commonwealth, there are issues concerning the validity of positivity rates for inmates at ACJ. Numerous symptomatic inmates report being denied testing, as the ACJ administration had only been testing inmates with fever. While a fever can be a sign of COVID-19 infection,
5 Watson, supra note 2. 6 Open Letter on Vaccinating People in Carceral Facilities, supra note 4. 7 Louise Lerner, Study: Nearly 16% Of Illinois COVID-19 Cases Linked to Spread From Chicago Jail, U. Chicago Medicine (June 8, 2020), https://www.uchicagomedicine.org/forefront/community-articles/study-nearly-16-of-illinoiscovid-19-cases-linked-to-spread-from-chicagojail#:~:text=They%20found%20that%20cycling%20through,15.7%25%20of%20those%20in%2 0Illinois. 8 See Julie A. Ward, et. al, COVID-19 Cases Among Employees of U.S. Federal and State Prisons, AM. J. PREVENTATIVE MEDICINE (Feb. 21, 2021), https://www.ajpmonline.org/article/S0749-3797(21)00118-5/fulltext (finding from March to early November, the U.S. general population had an average of 13 new cases per 100,000 people each day while the case rate among U.S. prison staff prisons grew daily by an average of 42 new cases per 100,000 people.).

it is not universal and other symptoms (such as a new loss of taste/smell) are very specific for the disease. Although ACJ’s Continuing Operations Plan: COVID-19 Policy states that staff is to recommend testing based on an inmate’s symptoms,9 it continues to be the case that inmates experiencing one or more of the other symptoms specified by the CDC have not been considered for testing.10 For instance, Lindsey Nelson reports that she was not tested for COVID-19 despite reporting symptoms consistent with the infection.11 This practice was in conflict with CDC guidance for carceral facilities.12 The ACJ administration’s selective and reduced testing of inmates very likely resulted in an undercount of COVID-19 prevalence throughout 2020. Only more recently has ACJ started testing inmates in general population who had close contact with positive cases.13
9 Consent Order 1, ECF Doc. No. 71. 10 Exhibit B, Declaration of Lindsey Nelson ¶¶ 6, 12-13 (“Nelson Decl.”); Exhibit C, Declaration of Gabrielle Parker ¶¶ 5, 9-11(“Parker Decl.”); Exhibit D, Declaration of Larae Moore ¶¶ 5, 1113 (“Moore Decl.”); Exhibit E, Declaration of Jakiia Williams ¶¶ 5, 9-11 (“Williams Decl.”); Exhibit F, Declaration of Judith White ¶¶ 6, 12-13 (“White Decl.”); Exhibit G, Declaration of Edward Johnson ¶¶ 2-5 (“Johnson Decl.”); Brittany Hailer, Special Report: Incarcerated Man At Allegheny County Jail: “He Then Said I Was ‘Delusional’ For Thinking I Could Catch COVID19”, PITTSBURGH CURRENT (Feb. 23, 2021), https://www.pittsburghcurrent.com/special-reportincarcerated-man-at-allegheny-county-jail-he-then-said-i-was-delusional-for-thinking-i-couldcatch-covid-19/; Brittany Hailer, COVID-19 Outbreak at The Allegheny County Jail: 75 New Cases in Just 10 Days. What Does This Say About The County’s Testing Practices?, PITTSBURGH CURRENT (Feb. 23, 2021), https://www.pittsburghcurrent.com/covid-19-outbreak-at-theallegheny-county-jail-brings-75-new-cases-in-just-10-days-what-does-this-say-about-thecountys-testing-practices/(“In spring 2020, Jodi Lynch, who was a nurse practitioner at ACJ at the time, testified in district court case United States v. Brett Wells, that Deputy Warden for Healthcare Services Laura Williams overruled Lynch’s decision to test symptomatic incarcerated persons. Despite being in charge of healthcare decisions at the jail, Williams has no medical training and is trained as a mental health counselor.”). 11 Nelson Decl. ¶ 15. 12 Interim Considerations for SARS-CoV-2 Testing in Correctional and Detention Facilities, Centers for Disease Control and Prevention (Dec. 3, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/testing.html. 13 See Exhibit H, Warden’s Report (March 4, 2021).

11. Among ACJ staff, the COVID-19 positivity rate grew considerably toward the end of 2020 reaching a cumulative 38% positivity rate through the end of February 2021. In February 2021 alone 57% of employees tested positive, double the rate in Allegheny County of 26%. Testing for employees is not mandatory and there is a strong financial disincentive to being tested. ACJ employees have complained that they must use up their sick leave while they are quarantined, even when they are exposed to COVID-19 at the jail.14 The difficulty employees face in getting paid time off for COVID-19 infection leaves little incentive to either report symptoms or get tested. Many staff members may still come to work at ACJ even though they know they have COVID-19 symptoms. For those who are asymptomatic, there is no incentive to get tested. Hence the very high positivity rate among employees may also be understated.
12. The CDC has found that over 40% of the people who contract COVID-19 have mild or no symptoms.15 These asymptomatic patients can still suffer from harmful, long-lasting medical problems, including injury to the heart and lungs.16 Furthermore, asymptomatic individuals contribute to the spread of COVID-19, accounting for more than 50% of transmitted cases.17
14 Exhibit J, Excerpts of Jail Oversight Board Meetings; Charlie Deitch, Employees Say Allegheny County Jail’s COVID-19 Policies Don’t Make Them Feel Essential PITTSBURGH CURRENT (Feb. 4, 2021), https://www.pittsburghcurrent.com/employees-say-allegheny-countyjails-covid-19-policies-dont-make-them-feel-essential/. 15 Summary of Guidance for Public Health Strategies to Address High Levels of Community Transmission of SARS-CoV-2 and Related Deaths, December 2020, Centers for Disease Control and Prevention (Dec. 11, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6949e2.htm (finding “approximately 50% of transmission [comes] from asymptomatic persons”). 16 See, e.g., Jennifer Couzin-Frankel, From ‘Brain Fog’ to Heart Damage, COVID-19’s Lingering Problems Alarm Scientists, Science (July 31, 2020, 1:30PM), https://www.sciencemag.org/news/2020/07/brain-fog-heart-damage-covid-19-s-lingeringproblems-alarm-scientists; Valentina O. Puntmann et al., Outcomes of Cardiovascular Magnetic Resonance Imaging in Patients Recently Recovered from Coronavirus Disease 2019 (COVID19), 5 J. Am. Med. Cardiology 1265, 1267–70 (2020), https://jamanetwork.com/journals/jamacardiology/fullarticle/2768916; Carlos del Rio et al., Long-term Health Consequences of COVID-19, 324 J. Am. Med. 1723 (2020), https://jamanetwork.com/journals/jama/fullarticle/2771581; Lora Kolodny, Long-haul Symptoms Should be a ‘Wake-Up Call’ for Young People When It Comes To Avoiding Covid, Texas Children’s Doctor Says, CNBC (Feb. 9, 2021; 9:10 P.M.), https://www.cnbc.com/2021/02/09/long-haul-covid-symptoms-should-be-a-wake-up-call-foryoung-people-texas-childrens-doctor-says.html (“About 10 to 30% of all Covid patients will suffer from long-haul symptoms, according to the latest research from Mt. Sinai’s Center for Post-Covid Care.”). 17 Summary of Guidance for Public Health Strategies to Address High Levels of Community Transmission of SARS-CoV-2 and Related Deaths, supra note 16; Michael A. Johansson et al, SARS-CoV-2 Transmission From People Without COVID-19 Symptoms, JAMA NETWORK OPEN, (Jan 7, 2021), available at

On December 3, 2020, the CDC updated its guidance for correctional facilities, recommending a mass testing approach to prevent asymptomatic spread in either one of two scenarios—(1) when there have been positive cases at the correctional facility; (2) when there is a high rate of transmission within the community.18 In such cases the CDC recommends a broader approach than just testing those who may have been exposed or are symptomatic, and instead suggests interventions ranging from the more targeted routine testing of all newly admitted inmates at intake to the universal, facility-wide baseline testing of all incarcerated people. Other public health institutions such as Johns Hopkins confirm the CDC’s findings about asymptomatic carriers and recommend routine intake testing.19
13. There are several new variants of COVID-19. Studies of the U.K. and South Africa variants suggest they may be more contagious,20 more deadly21 and even resistant to vaccines.22 Additionally, there is evidence that individuals previously-infected with COVID-19 can be
https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2774707 (finding “that the identification and isolation of persons with symptomatic COVID-19 alone will not control the ongoing spread” of the virus because over half of cases are transmitted by asymptomatic carriers). 18 Interim Considerations for SARS-CoV-2 Testing in Correctional and Detention Facilities, Centers for Disease Control and Prevention (Dec. 3, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/testing.html; CDC Guidance for Expanded Screening Testing to Reduce Silent Spread of SARS-CoV-2, Centers for Disease Control and Prevention (Dec. 3, 2020), https://www.cdc.gov/coronavirus/2019ncov/php/open-america/expanded-screening-testing.html. Scientific authorities resoundingly support the CDC’s updated mass testing guidance. See, e.g., Crystal Watson et al., COVID-19 and the US Criminal Justice System: Evidence for Public Health Measures to Reduce Risk 2, Bloomberg School of Public Health, Johns Hopkins Univ. (Oct. 2020), https://www.centerforhealthsecurity.org/our-work/pubs_archive/pubs-pdfs/2020/20201015covid-19-criminal-justice-system.pdf. 19 Watson, supra note 2. 20 About Variants of the Virus that Causes COVID-19, CENTERS FOR DISEASE CONTROL AND PREVENTION (Feb. 12, 2012), https://www.cdc.gov/coronavirus/2019ncov/transmission/variant.html. 21 James Gallagher, Coronavirus: UK Variant 'May be More Deadly', BBC (Jan. 22, 2021), https://www.bbc.com/news/health-55768627 (Scientists with the British government estimate that the U.K. COVID-19 variant is around 30% deadlier than the original virus.). 22 Carolyn Y. Johnson & William Wan, Mutated Virus May Reinfect People Already Stricken Once with Covid-19, Sparking Debate and Concerns, WASHPOST (Feb. 5, 2021; 7:33 P.M.), https://www.washingtonpost.com/health/2021/02/05/virus-variant-reinfection-south-africa/.

reinfected by other variants.23 The U.K. variant has been detected in Allegheny County.24 The variants have been linked to significant outbreaks when introduced in correctional facilities.25
Allegheny County Jail: Current Testing Policies Are Ineffective at Preventing Introduction of the Coronavirus to the Jail
14. Throughout the pandemic, ACJ has primarily relied on symptoms-based testing and testing of inmates transferring to state and federal correctional facilities, which is required by the Pennsylvania Department of Corrections.26
15. Current ACJ testing practices are ineffective at detecting or preventing asymptomatic employees or inmates from bringing the virus into the jail. Such asymptomatic carriers typically constitute over 40% of the population infected with COVID-19 and account for 50% of transmissions.27
16. ACJ screens employees when they enter the jail by taking their temperature and asking them a series of screening questions. This practice is ineffective at identifying asymptomatic employees. There have been asymptomatic employees who worked at ACJ while they
23 JoNel Aleccia, Why the U.S. Is Underestimating Covid Reinfection, KHN (Feb. 8, 2021), https://khn.org/news/article/why-the-u-s-is-underestimating-covidreinfection/?utm_campaign=KHN%20New%20from%20KHN&utm_medium=; William Booth & Carolyn Y. Johnson, South Africa Suspends Oxford-Astrazeneca Vaccine Rollout After Researchers Report ‘Minimal’ Protection Against Coronavirus Variant, WASHPOST (Feb. 7, 2021; 4:18 P.M.), https://www.washingtonpost.com/world/europe/astrazeneca-oxford-vaccinesouth-african-variant/2021/02/07/e82127f8-6948-11eb-a66e-e27046e9e898_story.html. 24 Hallie Lauer, PA. Tops 2 Million Vaccinations; Guard May Join, PITTSBURGH POST-GAZETTE (Feb. 24, 2021; 15:57 P.M.), https://www.post-gazette.com/news/health/2021/02/24/COVID-19Allegheny-County-pittsburgh-pennsylvania-data-cases-deaths-2/stories/202102240122. 25 Angie Jackson, Michigan Prison System's Coronavirus Variant Cases More Than Triple, DETROIT FREE PRESS (Feb. 27, 2021; 6:02 A.M.), https://www.freep.com/story/news/local/michigan/2021/02/27/uk-covid-variant-michiganprison/6833376002/. 26 Exh. J; Allegheny County Jail, https://www.alleghenycounty.us/jail/index.aspx (last updated March 10, 2021). 27 Summary of Guidance for Public Health Strategies to Address High Levels of Community Transmission of SARS-CoV-2 and Related Deaths, December 2020, Centers for Disease Control and Prevention (Dec. 11, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6949e2.htm.

unknowingly had the virus.28 Asymptomatic employees may also have been responsible for outbreaks that affected many detainees.29
17. ACJ’s administration does not universally test inmates in its Intake Department or intake housing units. Inmates admitted to the jail are held in crowded cells often with 10 people or more for extended periods, lasting hours and even days.30 These conditions do not allow inmates to physically distance themselves or properly quarantine to prevent asymptomatic spread. Inmates report that ACJ has not effectively informed them of symptoms associated with COVID-19 at intake,31 making it difficult for inmates to know if symptoms they experience could potentially indicate an infection.
18. After an inmate is admitted to jail and processed, he/she is transferred from the Intake Department to an inmate intake housing unit, also referred to as a special housing unit (SHU). Inmates are supposed to be held there for a quarantine period. However, conditions on the SHU do not adhere to standards of quarantine. Inmates receive one or more different cellmates throughout the quarantining process, meaning when inmates are nearing the end of the quarantine period they could potentially be exposed to COVID-19, which they can then spread to the inmates when they transfer to a general population pod.32 Additionally, inmates who are supposed to be quarantining on the SHU, as well as correctional officers, healthcare
28 Brenda Waters, ‘A Lot Of Guilt’: Nurse At Allegheny County Jail Fears He Passed Coronavirus To His Sister With Special Needs, CBS PITTSBURGH (April 30, 2020; 7:59 P.M.), https://pittsburgh.cbslocal.com/2020/04/30/nurse-fears-he-passed-coronavirus-to-his-sister/; Paul Guggenheimer, Allegheny County Jail Nurse Practitioner Battles Back From Coronavirus, TRIBLIVE (May 21, 2020; 6:32 A.M.), https://triblive.com/local/pittsburgh-allegheny/alleghenycounty-jail-nurse-practitioner-battles-back-from-coronavirus/. 29 Exhibit K, Declaration of Terrell Leonard ¶¶ 4, 6 (“Leonard Decl.”); Exhibit L, Declaration of Montell Yancy ¶¶ 5, 7 (“Yancy Decl.”); Exhibit M, Declaration of William Stoll ¶¶ 9-10 (“Stoll Decl.”). 30 Paula Reed Ward, Woman Claims She Was Bitten by Rat at Allegheny County Jail, TRIBLIVE (March 3, 2021; 7:16 A.M.), https://triblive.com/local/woman-claims-she-was-bitten-by-a-rat-atallegheny-county-jail/; Juliette Rihl, Mixed-Up Meds & Long Waits: How Understaffing Hurts Medical Treatment at Allegheny County Jail, PUBLICSOURCE (Jan. 7, 2021),https://www.publicsource.org/allegheny-county-jail-inmate-medical-wait-timesunderstaffing/; Exhibit N, Declaration of James Joseph Dulacy, Jr. ¶¶ 23-25 (“Dulacy Decl.”); Exhibit O, Supplemental Declaration of Richard Arrington ¶ 7 (“Arrington Supp. Decl.”); Exhibit R, Declaration of Daniel Amodeo ¶ 2 (“Amodeo Decl.”);Exhibit S, Declaration of Maurice Ebore ¶¶ 9-13 (“Ebore Decl.”). On December 18, 2020, the plaintiffs requested via discovery the Defendants’ intake documents, showing the number of inmates and length of time they were held in cells in ACJ’s Intake Department. I wasn’t able to review them because per the legal team, the defendants still have not produced them. 31 See, e.g., Exhibit P, Declaration of Julius Noel ¶ 9 (“Noel Decl.”). 32 Nelson Decl. ¶17; Dulacy Decl. ¶ 24; Stoll Decl. ¶ 4; Arrington Supp. Decl. ¶¶ 8-9.

providers, and inmate pod workers leave the pod.33 The flow of people significantly increases the risk of spreading the virus to others at the jail. Moreover, the women’s SHU is also a general population housing pod. Newly admitted women and those who have been confined at ACJ for months risk infecting each other as they share the same congregate spaces, including using the showers and waiting in medline.34
19. The recent massive outbreaks within several ACJ general housing pods highlight the inadequacy of preventative testing at the jail.35 The individuals in these pods contracted the virus from either an employee or other incarcerated individual who came on to the pod. To decrease the risk of such outbreaks, steps should be taken to minimize the risk of spread from both inmates and employees.
Reducing the COVID-19 Risk of Transmission by Intake Testing within ACJ 20. Decreasing the risk of transmission between inmates starts at entry to the jail. Inmates
coming into the jail present a constant risk of bringing in the virus. Routine intake testing of inmates for COVID-19 should be implemented to help identify and isolate cases early. The facility has a vested interest in the safety of staff and inmates. In the same way that a facility might search a prisoner for contraband at intake, the facility should test them for COVID-19.
21. Intake testing is aligned with national guidelines. The CDC recommends that carceral facilities consider “testing all new IDP [incarcerated or detained persons] at intake before they join the rest of the population in the facility, and housing them individually while test results are pending to prevent potential transmission.”36
33 Dulacy Decl. ¶¶ 23-24; Arrington Supp. Decl. ¶¶ 8-9 34 Moore Decl. ¶ 17; Nelson Decl. ¶ 16; Parker Decl. ¶ 13; White Decl. ¶ 16. 35 Brittany Hailer, Special Report: Incarcerated Man At Allegheny County Jail: “He Then Said I Was ‘Delusional’ For Thinking I Could Catch COVID-19”, PITTSBURGH CURRENT (Feb. 23, 2021), https://www.pittsburghcurrent.com/special-report-incarcerated-man-at-allegheny-countyjail-he-then-said-i-was-delusional-for-thinking-i-could-catch-covid-19/; Brittany Hailer, COVID19 Outbreak at The Allegheny County Jail: 75 New Cases in Just 10 Days. What Does This Say About The County’s Testing Practices?, PITTSBURGH CURRENT (Feb. 23, 2021), https://www.pittsburghcurrent.com/covid-19-outbreak-at-the-allegheny-county-jail-brings-75new-cases-in-just-10-days-what-does-this-say-about-the-countys-testing-practices/; Paula Reed Ward, Covid Cases Continue to Climb at Allegheny County Jail, TRIBLIVE (March 1, 2021; 3:05 P.M.), https://triblive.com/local/covid-cases-continue-to-climb-atallegheny-county-jail/; Paula Reed Ward, Allegheny County Jail Administration Defends Covid19 Testing Policy, TRIBLIVE (March 4, 2021; 6:51 P.M.), https://triblive.com/local/alleghenycounty-jail-administration-defends-covid-19-testing-policy/. 36 Interim Considerations for SARS-CoV-2 Testing in Correctional and Detention Facilities, Centers for Disease Control and Prevention (Dec. 3, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/testing.html.

22. Intake testing has been adopted at a number of prisons and jails to curb the spread of COVID-19. For example, Pennsylvania37 and Illinois38 prisons require incoming inmates transferring from county jails to be quarantined for 14 days and test negative 72 hours prior to arriving at the prison. Inmates are immediately quarantined for a 14-day period and then tested again before being transferred to another housing unit. The Cook County Jail39 and the Philadelphia Department of Prisons40 have implemented similar intake testing policies with a significant reduction in transmission. A study by researchers at Stanford and Yale found that Cook County Jail’s virus mitigation efforts likely saved 30 lives and prevented 400
37 Allegheny County Jail, https://www.alleghenycounty.us/jail/index.aspx (last updated March 10, 2021), (“Pursuant to a policy of the PA Department of Corrections, any inmate being transferred to state facilities must have a negative test for COVID-19 before transfer can be made.”); Department of Corrections Reorganizes System for Continued Improvement Efforts To Mitigate COVID-19, PA GOV (Dec. 11, 2020), https://www.media.pa.gov/pages/Corrections_details.aspx?newsid=487 (PA DOC “test[s] inmates for COVID-19 prior to transfer. No one is moved unless they test negative. Once moved, the inmates are immediately quarantined for 14 days and are then tested again.”). 38 Memorandum: COVID-19 Response, COVID-19 Intra-Agency Transfers & County Jail/Detention Center Intakes, Illinois Department of Corrections (July 27, 2020), https://www2.illinois.gov/idoc/facilities/Documents/COVID19/TransfersIntakes/COVID_19%20Intake%20and%20Transfer%20Procedures.pdf (Illinois DOC mandates that if the incoming transferring inmate has completed the 14-day quarantine and tested negative within 72 of admission to the prison, then he/she is put on a “designated quarantine housing unit ….[where he/she] remain[s] for a quarantine period of 14 days….Men and women . . . [are] tested again 72 hours prior to the conclusion of the 14-day quarantine period before being transferred from the reception and classification center.”). 39 Matthew Hendrickson, Cook County Jail Was One of The Nation’s Largest COVID-19 Hot Spots Last Spring. It’s Worse Now, CHICAGO SUN TIMES (Dec. 15, 2020; 4:59 P.M.), https://chicago.suntimes.com/coronavirus/2020/12/15/22165917/cook-county-jail-covid-19coronavirus-bond-release-reform-judge-kim-foxx-tom-dart (“New detainees are tested for the virus at intake and quarantined for 14 days before they are tested again — and isolated if they are positive.”). 40 Joint Status Report, Remick v. City of Philadelphia, 2:20-cv-01959-BMS, ECF 53 at 3 (Dec. 9, 2020) (stating that the Philadelphia Department of Prisons’ testing protocol “requires testing all new admissions, any person with COVID-19 symptoms, and any person who, by reason of housing classification, may have been exposed to someone with COVID-19. …All new admissions are also quarantined for 14 days before being placed in general population, and this quarantine measure is also ordered for all incarcerated persons who may have been exposed to COVID-19 on their housing units, pending results of testing. Further, all persons who test positive are currently placed in medical isolation for ten days to ensure that they no longer present a risk of infecting others in PDP.”).

hospitalizations.41 These efforts, which included universal asymptomatic testing, “led to an 83% reduction of new cases at the jail over an 83-day period.”42
Proposed Intake Testing Protocol and Feasibility at ACJ
23. All persons newly admitted to ACJ should be tested for the presence of COVID-19. Persons performing the swab tests should have PPE training, including N-95 fit test, and be provided with a face screen, surgical mask and/or N-95 respirator, gown, and gloves. Gloves should be replaced between each test. All newly admitted inmates should be quarantined for 14 days except those found positive, who should be isolated according to current procedures.
24. All inmates who have a negative test result should be escorted to the designated quarantine housing unit, where they should remain for a 14-day quarantine period. During the 14-day quarantine period, inmates should not have close exposures with new individuals. For instance, they should not be placed with a new cellmate once on quarantine. Doing so potentially exposes them to COVID-19 again and would require them to restart their quarantine period. If an inmate has a positive COVID-19 test during the quarantine period, then that specific housing unit (e.g., cellmates) should be retested and the 14 day quarantine period should restart. Newly admitted inmates should be administered a COVID-19 test again 72 hours prior to the conclusion of the 14-day quarantine period and should have a negative test result before being transferred from intake housing to the general population or another housing unit.
25. Practical considerations such as availability of resource or timeliness of results do not appear to pose a barrier to implementing this testing. According to the Allegheny County Analytics Dashboard, there are on average 29 people admitted to the jail daily.43 These COVID-19 intake tests require minimum effort to implement and administer and would likely be significantly more effective at preventing inmates from introducing COVID-19 to the general population than current practices.
41 Giovanni S P Malloy, et. al, Effectiveness Of Interventions To Reduce COVID-19 Transmission In A Large Urban Jail: A Model-Based Analysis, BMJ OPEN (Jan 14, 2021), https://bmjopen.bmj.com/content/bmjopen/11/2/e042898.full.pdf; Matthew Hendrickson, 30 COVID-Related Deaths, 400 Hospitalizations Averted By Measures Taken At Cook County Jail: Study Finds, CHICAGO SUN TIMES (Feb. 19, 2021; 5:22 P.M.), https://chicago.suntimes.com/2021/2/19/22291638/cook-county-jail-covid-19-coronavirus-yalestandford-study-tom-dart. 42 Supra note 41. 43 Allegheny County Jail Population Management: Interactive Dashboards, ALLEGHENY COUNTY ANALYTICS, https://www.alleghenycountyanalytics.us/index.php/2021/03/04/alleghenycounty-jail-population-management-dashboards-2/(last visited March 4, 2021).

26. ACJ uses PCR tests to test inmates for COVID-19. ACJ sends test samples to the Pennsylvania Health Department and the Allegheny County Health Department for analysis. A review of 232 PCR tests that were administered on inmates in February and early March shows that on average it took two days from the date of collecting the sample to releasing the test results.44 The fact that ACJ was testing entire housing pods did not affect the time for processing the test results. Therefore, ACJ submitting more test samples as a result of preventative intake testing is unlikely to result in a meaningful delay in moving or quarantining incarcerated individuals.
27. This proposed intake testing regime would not impede the jail’s admissions process or result in unnecessary prolonged confinement. While in the Intake Department, newly admitted inmates can be given a rapid antigen test45 or alternatively a PCR test. Those individuals with a negative test result or those waiting for their result can be moved to the designated intake housing unit; those who test positive should be isolated. On the intake housing units, newly admitted inmates can be tested a second time with a PCR test 72 hours prior to the conclusion of the 14-day quarantine period.
28. The current methods used to quarantine patients in intake housing (SHU) are flawed and greatly increase the risk of viral transmission. The SHU has an increased flow of inmates and many close contacts.46 Furthermore, there have been numerous cases of patients mixing with new inmates during their quarantine in SHU.47 Such mixing of different inmates represents a repeat exposure and would reset the clock for quarantining. Until ACJ can ensure full compliance with basic quarantine protocols, they should ensure testing at both intake and transfer from SHU.
Reducing the Risk of COVID-19 Transmission to and from Employees
The Need and Efficacy of Vaccination
29. Correctional employees work in close quarters with many other individuals and are at high risk of contracting COVID-19. Studies in the FDA approval process of the Pfizer, Moderna, and Johnson & Johnson vaccines have indicated very high success rates in preventing death
44 Exhibit Q, Declaration of Jaclyn Kurin ¶ 3 (“Kurin Decl.”). 45 Maureen Johnson-León, et. al, Executive Summary: It's Wrong Not to Test: The Case for Universal, Frequent Rapid COVID-19 Testing, THE LANCET (Feb. 19, 2021) (finding that Rapid antigen tests [] using lateral flow devices, have been proven effective in home and community settings for identifying people who are most likely to be contagious—even in the absence of symptoms—and to empower them to isolate before unknowingly infecting others.”). 46 Arrington Supp. Decl. ¶ 8. 47 Yancy Decl. ¶17; Nelson Decl. ¶17; Arrington Supp. Decl. ¶ 8.

or serious illness from COVID-19 with very low rates of serious side effects.48 Furthermore, preliminary data indicate that vaccines also significantly reduce the chance of transmitting viruses to others.49 Public health authorities overwhelmingly assert that vaccinating a large portion of the American population—somewhere in the range of 60-70% is key to stemming the disease, limiting the spread of the disease and the more serious illnesses, hospitalizations and deaths that result.
30. An American Journal of Preventive Medicine study highlighted that the incarcerated are “less able to perform self-protective behaviors” such as social distancing, wearing masks and PPE, and practicing hand washing and other hygienic measures. Thus, vaccination of the incarcerated - and correctional staff who may introduce the disease into correctional facilities - is essential to prevent or slow the spread of COVID-19.50
Vaccination of Inmates at the Allegheny County Jail
31. Inmates at ACJ have not yet begun receiving vaccinations. Currently, there are a number of inmates at ACJ in high-risk age or co-morbidity groups who qualify to receive the vaccine under Pennsylvania guidelines. ACJ is still waiting for state authorization to administer the vaccine in the facility. Once the facility receives authorization, it is imperative that they rapidly implement vaccination of those at high risk of COVID-19. However, ACJ has not yet developed a written vaccination plan for the inmates. Neither has ACJ arranged to vaccinate those high-risk individuals by third parties and has no plan in place to do so.51 A concrete plan to vaccinate patients is imperative to efficient distribution and should be developed as soon as possible. This way, the facility can commence with vaccinations of their most vulnerable inmates without a delay once granted approval.
48 Fernando P. Polack, Safety and Efficacy of the BNT162b2 mRNA Covid-19 Vaccine, The New ENGLAND J. OF MEDICINE (Dec. 31, 2020), https://www.nejm.org/doi/full/10.1056/NEJMoa2034577. 49 Michael Weekes, et. al, Single-Dose BNT162b2 Vaccine Protects Against Asymptomatic SARS-Cov-2 Infection, AUTHOREA, (Feb. 24, 2021), https://www.authorea.com/users/332778/articles/509881-single-dose-bnt162b2-vaccine-protectsagainst-asymptomatic-sars-cov-2-infection?access_token=-hDTQsMUXcCPSpdZV_Lmpg. 50 Julie A. Ward, et. al, COVID-19 Cases Among Employees of U.S. Federal & State Prisons, AM. J. PREVENTATIVE MEDICINE (Feb. 22, 2021), https://www.ajpmonline.org/article/S07493797(21)00118-5/fulltext. 51 Nick Trombola, Just Under Half of Eligible Allegheny County Jail Workers Received COVID Vaccine, Deputy Warden Says, PITTSBURGH POST-GAZETTE (March 4, 2021; 7:39 P.M.), https://www.post-gazette.com/news/crime-courts/2021/03/04/Allegheny-County-Jail-COVID19-vaccine-employees/stories/202103040178; Paula Reed Ward, Allegheny County Jail Administration Defends Covid-19 Testing Policy, TRIBLIVE (March 4, 2021; 6:51 P.M.), https://triblive.com/local/allegheny-county-jail-administration-defends-covid-19-testing-policy/.

Vaccination of Employees at the Allegheny County Jail
32. There are approximately 683 employees at the Allegheny County Jail who have direct contact with incarcerated individuals.52 As of March 4, 2021, only 213 employees have been fully vaccinated. A further 172 employees have refused to be vaccinated.53 The ACJ can recommend that employees receive a vaccination, but it likely has no authority to mandate vaccinations for employees.
33. Unvaccinated correctional employees are vectors for spreading COVID-19 and are themselves put at risk of serious health consequences if exposed to the virus. The SHU at ACJ is an area with higher risk of COVID-19 exposure, as many inmates are on quarantine for COVID-19 and/or have not yet tested negative. For the safety of both staff and inmates, unvaccinated staff should be preferentially assigned to lower risk duties where they will not come into close contact with uninoculated inmates, inmate workers, and other staff. While this arrangement was previously raised, Warden Harper has declined to reassign unvaccinated employees to such positions.
34. Given the significant number of staff and inmates who have contracted COVID-19, I strongly recommend that unvaccinated employees be assigned to locations that minimize their risk of contracting or transmitting COVID-19. This common-sense intervention can help minimize risk to both staff and patients and could potentially prevent death or serious illness.
Summary and Recommendations 35. The COVID-19 pandemic has led to numerous outbreaks in carceral facilities, which affect
high numbers of inmates and staff members. ACJ is currently experiencing a much higher incidence of cases than the rest of the county or Pennsylvania and even these figures are likely underreported. ACJ currently does not test or appropriately quarantine inmates at intake, which likely contributes to the significant outbreaks that the facility has faced.
36. The remedies to this pandemic are simple: lower the risk of interactions between people, test frequently, and quarantine those who are infected or exposed. ACJ has the resources to implement interventions that could drastically reduce the burden of COVID-19 in the facility. I strongly recommend the following:
52 Exh. J. 53 Nick Trombola, Just Under Half of Eligible Allegheny County Jail Workers Received COVID Vaccine, Deputy Warden Says, PITTSBURGH POST-GAZETTE (March 4, 2021; 7:39 P.M.), https://www.post-gazette.com/news/crime-courts/2021/03/04/Allegheny-County-Jail-COVID19-vaccine-employees/stories/202103040178; Paula Reed Ward, Allegheny County Jail Administration Defends Covid-19 Testing Policy, TRIBLIVE (March 4, 2021; 6:51 P.M.), https://triblive.com/local/allegheny-county-jail-administration-defends-covid-19-testing-policy/.

1. ACJ should institute a broader and more rigorous COVID-19 testing regimen including: a) Testing all inmates arriving in the SHU b) Testing inmates within 72 hours of their transfer to the general population until the facility can ensure appropriate quarantine procedures (e.g., no additional close exposures such as new cellmates during the quarantine)
2. ACJ should promptly develop a written plan for the mass vaccination of inmates who quality for vaccination under Pennsylvania guidelines
3. ACJ should institute a system to decrease the spread of COVID-19 to and from staff by: a) Encouraging all employees to be vaccinated b) Encouraging employees to report COVID-19 symptoms and undergo testing by ensuring that those who are diagnosed with COVID-19 infection have sick leave c) Assigning or re-assigning unvaccinated staff to positions or locations where they have lower risk of exposure to COVID-19

William Weber, MD, MPH

3/11/2021

Ed uca tion

Willia m We b e r MD, MPH
3 5 3 8 S. King Drive – Ap t 3 S — Ch ica go, IL 6 0 6 5 3 6 1 2 -6 0 0 -6 8 8 5 — Willia m Da nielWeb er@gm a il.com

7 / 2 0 2 0 -P res ent The Unive rs ity of Chica go - Chica go, Illinois

Fellows hip in Interna tiona l Em ergency Med icine

6 / 2 0 1 7 -6 / 2 0 2 0 The Unive rs ity of Chica go Me d ica l Ce nte r - Chica go, Illinois

Res id ency in Em ergency Med icine
Chie f Re s id e nt of Med ica l Sim ula tion (2 0 1 9 -2 0 2 0 )

8 / 2 0 1 3 -5 / 2 0 1 7 Northwe s te rn Unive rs ity Fe inb e rg School of Me d icine - Chica go, Illinois

Doctor of Med icine (M.D.), Ma gna Cum La ud e

8 / 2 0 1 3 -5 / 2 0 1 7 Northwe s te rn Unive rs ity Gra d ua te School - Eva ns ton, Illinois Ma s ter of P ub lic Hea lth (M.P .H.) with Honors

8 / 2 0 0 9 -6 / 2 0 1 3 Northwe s te rn Unive rs ity - Eva ns ton, Illinois Ba chelor of Arts (B.A.), Ma gna Cum La ud e

Clinica l Exp erience

1 1 / 2 0 2 0 -P res ent The Unive rs ity of Chica go Com e r Child re n’s Hos p ita l – Chica go, Illinois

P ed ia tric Em ergency Med icine Attend ing P hys icia n

6 / 2 0 2 0 -P res ent The Unive rs ity of Chica go Me d ica l Ce nte r – Chica go, Illinois

Em ergency Med icine Attend ing P hys icia n

Licens ure / Certifica tion

2021

Am e rica n Boa rd of Em e rge ncy Me d icine , Boa rd Eligib le

Writte n boa rds pa sse d 1 / 2 0 2 1 , ora l boa rds to be scheduled Fa ll 2 0 2 1

2020

Illinois – Me d ica l Lice ns e – Licens e num b er: 0 3 6 .1 5 3 1 4 3

2019

Wis cons in – Me d ica l Lice ns e – Licens e num b er: 7 2 3 4 2 -2 0

Honors
2020 2019 2018 2018 2017 2017 2016

Univers ity of Chica go Res ea rch in Em ergen cy Med icine Awa rd Em ergency Me d icine Res id ents ’ As s ocia tion S im u la tion Res ea rch Gra nt Med ica l Ed uca tion, Re s ea rch, In nova tion , a nd Tea ching Schola rs hip Recip ie nt Em ergency Me d icine Res id ents ’ As s ocia tion Ad va n ced Airwa y Schola rs hip Gra d ua ted Ma gna Cum La ud e in Scientia Exp erim enta li Delta Om ega Honors Society for Gra d ua te Stud ie s in P u b lic Hea lth Gold Hum a n is m Honor S ociety

P eer Reviewed P ub lica tions
Society P olicies / Guid elines
We b e r W, e t a l. Clinical Managem ent of Patients with COVID-1 9 : Course 2 – Initial Approach. World Hea lth Orga niza tion (WHO) Op e n WHO. 2 / 2 0 2 1

Willia m We b er
We b e r W, Heins A, Lia ng S. ED Vaccinations. Am erica n College of Em ergen cy P hys icia n s (ACEP ) P oint-of-Ca re Tools . 1 1 / 2 0 2 0
We b e r W. License Renewa l Fees for Graduating Residents. Illinois Sta te Me d ica l Society Re s olution 0 9 .2 0 2 0 -6 (A-2 1 ) [Ap p roved b y Governm e n ta l Affa irs Com m ittee 1 0 / 2 0 2 0 , a wa iting ISMS Boa rd Ap p rova l]
We b e r W, e t a l. COVID-1 9 Discharge Sm art Phrase: Expected Recovery in th e Am erica n College of Em ergency P hys icia n s COVID-1 9 Fie ld Guid e . 5 / 2 0 2 0
Ba rron R, Lia ng S, J os ep hs on E, We b e r W. Best Practices in Testing Adults and Adolescents for Chlam ydia and Gonorrhea in the Em ergency Departm ent: An Inform ation Paper. Am erica n Colle ge of Em ergen cy P h ys icia ns . 7 / 2 0 1 9
We b e r W, e t a l. Am erica n College of Em erge ncy P h ys icia n s P olicy Sta tem en ts : Cessation of Tobacco and Nicotine Containing Products [Acce p ted ] Prevention of Harm from Internet and Social Media Challenges [1 0 / 2 0 2 0 ] Medical Neutrality (6 / 2 0 2 0 ) Hum an Trafficking (2 / 2 0 2 0 ) Separation of Children from Fam ily/ Guardians (6 / 2 0 1 9 )
Aca d em ic Work
McFa d d en G, Thom p s on K, We b e r W. A Man with Difficulty Breathing. Em ergency Med icine J ourna l (EMJ ). [Ma nu s crip t a cce p te d ; d oi:1 0 .1 1 3 6 / e m erm ed -2 0 2 0 -2 1 0 6 5 0 ]
We b e r W, Ah n J . COVID-1 9 Conferences: Resident Perceptions of Online Synchronous Learning Environm ents. The Wes tern J ourna l of Em ergency Me d icine. 1 / 2 0 2 1
Hs u A, We b e r W, Heins A, J os ep hs on E, Kom b erg R, Dia z R. A Proposal for Selective Resuscitation of Adult Cardiac Arrest Patients in a Pandem ic. J ourna l of the Am erica n College of Em ergen cy P hys icia n s Op e n. 6 / 2 0 2 0
We b e r W. Peritoneal Inclusion Cysts after Gunshot Wound. Archive s of Em erge ncy Med icine a nd In te ns ive Ca re.
9/ 2018
We b e r W, Moore J , Chee m a N. Traum atic Acetabular Protrusion. The Wes tern J ourna l of Em ergency Med icine. 4/ 2018
We b e r W. Ros h Review Ques tion s . Ros h Review Em ergency Me d icine Ques tion Ba nk. 2 0 1 8 -2 0 2 0
Non-p eer Reviewed P ub lica tions
Concors E, Sm ith M, We b e r W. COVID-1 9 Outbreaks in Im m igrant Detention Facilities. SAEM P uls e Ma ga zine . 3 / 2 0 2 1 [Ma nu s crip t Acce p te d ]
We b e r W. The Unintended Consequences of COVID-1 9 Lockdowns. SAEM P u ls e Ma ga zine. 9 / 2 0 2 0
We b e r W. A Prim er for Managing Global Pandem ics. SAEM P uls e Ma ga zine . 5 / 2 0 2 0
Ba rron R, Lia ng S, We b e r W, J os ep hs on E. Chla m yd ia a nd Gonorrhea Te s tin g Bes t P ra ctices . ACEP Now. 1 / 2 0 2 0
We b e r W. Misjudging Me a sles. SAEM P uls e Ma ga zine. 5 / 2 0 1 9
We b e r W. Mark One or More Boxes. Northwe s tern Med icine Ma ga zine (re p rin te d ). 1 / 2 0 1 8
We b e r W. Boxes: My Am bivalence Toward Com partm entalizing. Divers ity a nd Inclus ion Ma tters . 1 0 / 2 0 1 7

Willia m We b er

P res enta tions
Ols on A, Moore P , Ols on N, We b e r W, Ders tine A, Heu ton M, Ah n J . The “EM in 5 ” Curriculum : Learner and Presenter Perceptions. Council of Re s id e ncy Directors (CORD) Aca d em ic As s e m b ly. Sea ttle , WA. 4 / 2 0 1 9

J a rou Z, We b e r W, Bickle y D, Sp iegel T. Reducing Em ergency Departm ent Track Board Overload. Unive rs ity of Ch ica go Qua lity a n d Sa fety Sym p os iu m . Chica go, IL. 3 / 2 0 1 9

We b e r W. Septal necrosis with Oronasal Fistula secondary to Cocaine Insufflation. Society for Aca d em ic Em ergency Med icine (SAEM) Na tiona l Con fere nce, Ind ia na p olis , IN. 5 / 2 0 1 8

Da vis J , Ha ll S, We b e r W, P a d ela , A. The Educational Preparedness of Em ergency Medicine Trainees in Clinical Ethics. Society for Aca d e m ic Em ergency Med icine (SAEM) Na tiona l Con ference , Ind ia na p olis , IN. 5 / 2 0 1 8
We b e r W. Once You Pop, the Fun Don’t Stop: Best Practices after Incision and Drainage. P re s en ted a t the Illinois College of Em erge ncy P h ys icia n s (ICEP ) Sp ring Sym p os ium , Chica go, IL. 5 / 2 0 1 8

We b e r W. Playing Patient: Building Em pathy through Patient Sim ulation. Rocky Mounta in Winter Con fere nce on Em ergency Me d icine, Breckenrid ge, CO. 2 / 2 0 1 8

We b e r W, J ova novich B, Gom a F. “Factors Influencing the Initiation of Anti-Hypertensive Medications at Outpatient Clinics in Lusaka, Zam bia”. Northwes tern Glob a l Hea lth Con fere nce, Ch ica go, IL. 5 / 2 0 1 6 .

We b e r W, P a zm iño J , Bis hop V. “Fitness and Identity: Developing a Cultural Health Curriculum for Kindergarteners in Quito, Ecuador”. Northwes tern Univers ity Glob a l Hea lth Da y a nd Northwes tern P rogra m in P ub lic Hea lth Field Exp erience s ym p os ium , Chica go, IL. 5 / 2 0 1 4 .

Extra curricula r Activities
Glob a l Em ergency Med icine

2 0 2 0 -P res e nt

Me d ica l Fore ns ic Exa m in e r for As yle e s Ma rjorie Kovler Cen ter of Hea rtla nd Allia nce. Ch ica go, IL Eva lua te d s urvivors of torture to d ocum e nt p h ys ica l evid e nce of a b us e in s u p p ort of th eir a s ylum
ca s es in im m igra tion cou rt

2 0 2 0 -P res e nt

Me d ica l Exp e rt De cla ra tion Au thor Am erica n Civil Lib ertie s Union (ACLU), Floren ce Im m igra nt P roject, a nd othe rs Reviewed m ed ica l record s a nd tes tim onie s of d eta ined im m igra nts to eva lu a te their m e d ica l
ca re a nd write lega l d ocu m ents p erta in ing to is s ue s of s u b s ta nd a rd ca re

2 0 2 0 -P res e nt

Im m igra n t He a lth Workgroup – Ste e ring Com m itte e Doctors for Am erica - Section of Im m igra nt Hea lth J us tice Develop ed a tra ining curricu lum for p hys icia n s to write m ed ica l review le tte rs for im m igra tion
ca s es a nd tra ine d over 8 0 p hys icia n s , res id e nts , a nd m ed ica l s tud e nts via online s em ina r

2 0 2 0 -P res e nt

Glob a l Em e rge ncy Me d icine Aca d e m y - Exe cu tive Boa rd IT Cha ir Society for Aca d e m ic Em ergency Med icine. De s P la ines , IL Help ed lea d a com m ittee to un ify two na tiona l orga niza tion s com p ris ing over 3 0 fe llows hip
p rogra m s in glob a l em ergency m ed icin e into a s in gle en tity

Willia m We b er

2 0 1 8 -2 0 2 0

Ed uca tiona l Coord ina tor for Chicos Ita lia n -Am e rica n Em e rge ncy Me d icine Exte rns hip The Dep a rtm en t of Em ergency Med icine. North s h ore Hea lth Sys te m , Eva n s ton IL Led high -fid e lity m a nne q uin s im ula tion s e s s ions for vis iting Ita lia n em erge ncy m ed icin e
res id e nts . Coord ina te d d a ily ob s erva tion, s im u la tion, a nd d id a ctic exp erie n ces b e tween five s ites

P ub lic Hea lth / Socia l Em ergency Med icine

2 0 1 8 -P res e nt

P ub lic He a lth a nd Injury P re ve ntion Sub com m itte e Cha ir Am erica n College of Em e rgency P hys icia n s . Irvin, TX Authored guid eline s for a na tiona l orga niza tion on top ics s uch a s m igra n t ch ild ren b eing
s ep a ra ted from gua rd ia n s , s exua lly tra n s m itted in fection s , a nd s ub s ta n ce u s e d is ord ers

2 0 1 8 -P res e nt

P a tie nt Re s our ce Ad voca te : Con d om s , clothe s , a n d cha rge rs The Un ivers ity of Chica go Med ica l Cen ter. Chica go, IL Es ta b lis hed a clothing clos et for tra u m a a nd hom eles s p a tie nts in n eed of clothes . Sta rted a
ta rgeted ca m p a ign for s e xua l wellnes s a n d p rocured over 1 0 ,0 0 0 con d om s to give out to high-ris k p a tie nts . Worke d with volu nteer s ervice s to p rovid e p hone cha rgers to p a tie nts who ha d no vis itor a cce s s d uring th e COVID-1 9 p a n d em ic.

2 0 1 8 -2 0 2 1

Ab s tra ct Re vie w Com m itte e Society for Aca d e m ic Em ergency Med icine (SAEM), Des P la ine s , IL Reviewed over 1 5 0 a b s tra cts s ub m itted to SAEM n a tiona l con fere nces from 2 0 1 8 to 2 0 2 1

2 0 1 5 -2 0 1 7

Stude nt Body P re s ide nt of the Northwe s te rn P rogram in P ublic He alth Feinb erg School of Med icine, Ch ica go, IL Worked with fa culty to im p rove the cours e review s ys tem , d eve lop a p eer m e ntors hip p rogra m ,
a nd p la n volunteer a nd s ocia l eve nts for s tud e nts a nd fa cu lty

Aca d em ic Em ergency Med icine

2 0 1 8 -2 0 2 0

Me d ica l Ed u ca tion Re s e a rch, Innova tion, Te a ching, a nd Schola r s hip P rogra m Office of Gra d ua te Med ica l Ed uca tion, Th e Univers ity of Chica go, Ch ica go, IL Surveyed re s id en ts to un d ers ta nd p ercep tions of online s ynchronous lea rnin g. Develop ed a
curriculu m for res id en ts to s im u la te p a tien t exp erience s a s a wa y to b u ild e m p a th y.

2 0 1 8 -2 0 2 0

Ope rations Tas k Force The Section of Em ergency Med icine , Th e Univers ity of Ch ica go, Ch ica go, IL Im p roved th e fu nctiona lity of the Ep ic electronic m ed ica l re cord tra ck b oa rd b y rem oving over
2 0 s up erfluous colum ns for p hys icia ns a nd nurs es .

2 0 1 6 -2 0 1 7

Ana lytics Te a m for NU Em e rge ncy Me d icine Fre e Op e n Acce s s Me d ica l Ed uca tion Blog Feinb erg School of Med icine, Ch ica go, IL Ana lyzed us e d a ta a n d im p lem e nte d cha nges to im p rove web s ite fu nction a n d rea d ers h ip .

2 0 1 4 -2 0 1 7

Curriculum Re vie w Com m itte e Feinb erg School of Med icine, Ch ica go, IL

Willia m We b er

Com p iled s tu d en t feed b a ck a nd worked with fa culty to im p rove the m ed ica l curriculu m .
Certifica tion

2020 2019 2019 2019 2019 2018 2017 2017

Am erica n Boa rd of Em ergency Me d icine - Boa rd Exa m ina tion Eligib le Ad va nced Ca rd ia c Life Su p p ort (ACLS) P ed ia tric Ad va nced Life S up p ort (P ALS) The Difficu lt Airwa y Cours e P ra ctica l Em erge ncy Airwa y Ma na gem en t Cours e (Levita n ) Med ica tion-As s is te d Trea tm en t Wa iver to P re s crib e Bup re norp hine for Op ia te Dep e nd e nce Ad va nce Tra um a Life Su p p ort (ATLS) Neona ta l Re s u s cita tion P rogra m (NRP )

Mem b ers hip s

2 0 1 9 -P res e nt 2 0 1 7 -2 0 2 0 2 0 1 7 -P res e nt 2 0 1 7 -P res e nt 2 0 1 6 -P res e nt 2 0 1 6 -P res e nt 2 0 1 6 -P res e nt 2 0 1 3 -P res e nt

Delta Om ega Honors Society Air Med ica l P h ys icia n As s ocia tion Illinois S ta te Med ica l Society Society for Aca d e m ic Em ergency Med icine Am erica n Aca d em y of Em ergency Med icine Am erica n College of Em e rgency P hys icia n s Gold Hum a n is m Honors Society P hi Beta Ka p p a Honors Fra ternity

Personal
Exp loring p ub lic tra ns it s ys tem s / Ba ckp a cking / Hos ting d in ner a n d cockta il p a rties / Clim b ing tre es