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 U.S. District Court Northern District of Texas (Fort Worth) CIVIL DOCKET FOR CASE #: 4:20-cv-00807-P

Blake v. Carr Assigned to: Judge Mark Pittman Cause: 42:1983 Prisoner Civil Rights
Plaintiff Faith Blake

Date Filed: 08/03/2020 Jury Demand: None Nature of Suit: 550 Prisoner Pet/Other: Civil Rights Jurisdiction: Federal Question
represented by Jay K Wieser Jackson Walker LLP 777 Main Street Suite 2100 Fort Worth, TX 76102 817/334-7249 Fax: 817/870-5107 Email: jwieser@jw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Edwin M Buffmire Jackson Walker LLP 2323 Ross Avenue Suite 600 Dallas, TX 75201 214-953-5948 Fax: 214-661-6840 Email: ebuffmire@jw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Graciela Garcia Jackson Walker LLP 2323 Ross Avenue, Suite 600 Dallas, TX 75201 214-953-5927 Fax: 214-953-5822 Email: ggarcia@jw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing

J Paul George Whitaker Chalk Swindle & Sawyer LLP 301 Commerce St Suite 3500 Fort Worth, TX 76102-4186 817/878-0500 Fax: 817/878-0501 Email: jgeorge@whitakerchalk.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Lauren Kay Ceckowski Jackson Walker LLP 2323 Ross Ave Suite 600 Dallas, TX 75201 214-953-5938 Fax: 214-953-5882 Email: lceckowski@jw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Lauren Todd Zang Jackson Walker LLP 2323 Ross Ave, Suite 600 Dallas, TX 75201 214-953-5929 Fax: 214-953-5822 Email: lzang@jw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Lindsey Marsh Brown Jackson Walker LLP 2300 Ross Avenue Suite 600 Dallas, TX 75201 214-953-6142 Fax: 214-953-5822 Email: lmarsh@jw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
Paul C Watler Jackson Walker L.L.P. 2323 Ross Ave Suite 600

Plaintiff La Toysha Gibson TERMINATED: 08/11/2020
Plaintiff Tiffany Snodgrass TERMINATED: 08/11/2020
Plaintiff Delisa Williams TERMINATED: 08/11/2020
Plaintiff Tracie Cartwright TERMINATED: 08/11/2020
Plaintiff

Dallas, TX 75201 214-953-6069 Fax: 214-953-5822 Email: pwatler@jw.com ATTORNEY TO BE NOTICED Bar Status: Admitted/In Good Standing
represented by La Toysha Gibson 44161-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Tiffany Snodgrass 20160-043 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Delisa Williams 99950-051 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Tracie Cartwright 67271-019 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Crystal Hamann TERMINATED: 08/11/2020
Plaintiff Megan Scott TERMINATED: 08/11/2020
Plaintiff Ariel Bishop TERMINATED: 08/11/2020
Plaintiff Tanya Torrence TERMINATED: 08/11/2020
Plaintiff Clara PoorBear TERMINATED: 08/11/2020
Plaintiff

represented by Crystal Hamann 66795-380 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Megan Scott BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Ariel Bishop 27411-009 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Tanya Torrence 57104-083 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Clara PoorBear #20937-035 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Genesis Gonzalez TERMINATED: 08/11/2020
Plaintiff Juliana Lourde TERMINATED: 08/11/2020
Plaintiff Windy Panzo TERMINATED: 08/11/2020
Plaintiff Samantha Forsythe TERMINATED: 08/11/2020
Plaintiff Andrea Brooks TERMINATED: 08/11/2020
Plaintiff

represented by Genesis Gonzalez 19703-480 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Juliana Lourde 28023-078 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Windy Panzo 15967-059 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Samantha Forsythe 31158-064 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Andrea Brooks 28601-380 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Carrie Allred TERMINATED: 08/11/2020
Plaintiff Angela Reynolds TERMINATED: 08/11/2020
Plaintiff Victoria Martinez TERMINATED: 08/11/2020
Plaintiff Mindy Casas TERMINATED: 08/11/2020
Plaintiff Nikki Graham TERMINATED: 08/11/2020
Plaintiff

represented by Carrie Allred 31517-045 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Angela Reynolds 50702-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Victoria Martinez 74453-479 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Mindy Casas 57122-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Nikki Graham 17369-046 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Anika Folsom TERMINATED: 08/11/2020
Plaintiff Angela Cupit TERMINATED: 08/11/2020
Plaintiff Cynthia Baxter TERMINATED: 08/11/2020
Plaintiff Villiscia Thomas TERMINATED: 08/11/2020
Plaintiff Stephanie Walker TERMINATED: 08/11/2020
Plaintiff

represented by Anika Folsom 32338-064 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Angela Cupit #49717-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Cynthia Baxter 04314-063 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Villiscia Thomas 18044-030 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Stephanie Walker 27266-078 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Georgia Gregg TERMINATED: 08/11/2020
Plaintiff Dakota Garmany TERMINATED: 08/11/2020
Plaintiff Desiree Wade TERMINATED: 08/11/2020
Plaintiff Laura Shauger TERMINATED: 08/11/2020
Plaintiff Wendy Espinoza TERMINATED: 08/11/2020
Plaintiff

represented by Georgia Gregg 09223-479 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Dakota Garmany 53454-074 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Desiree Wade 15254-028 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Laura Shauger 68517-066 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Wendy Espinoza 12293-010 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Tiffany Mankin TERMINATED: 08/11/2020
Plaintiff Barbara Carnnahan TERMINATED: 08/11/2020
Plaintiff Shelly Mixon TERMINATED: 08/11/2020
Plaintiff Amy Tedder TERMINATED: 08/11/2020
Plaintiff Laci Landers TERMINATED: 08/11/2020
Plaintiff

represented by Tiffany Mankin 14517-078 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Barbara Carnnahan #28121-045 BOP Greenville FCI - Camp PO Box 6000 Greenville, IL 62246 PRO SE
represented by Shelly Mixon 12079-480 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Amy Tedder 14975-480 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Laci Landers 38956-379 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Brandi Moore TERMINATED: 08/11/2020
Plaintiff Gloria Beltran TERMINATED: 08/11/2020
Plaintiff Mia Mitchell TERMINATED: 08/11/2020
Plaintiff Raneem Hourani-Martinez TERMINATED: 08/11/2020
Plaintiff Kerri Keith TERMINATED: 08/11/2020
Plaintiff

represented by Brandi Moore 37492-480 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Gloria Beltran 23013-479 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Mia Mitchell 26852-078 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Raneem Hourani-Martinez #18540-479 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Kerri Keith #45557-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Christina Williams TERMINATED: 08/11/2020
Plaintiff Chrystal Larcade TERMINATED: 08/11/2020
Plaintiff Maria Rendon TERMINATED: 08/11/2020
Plaintiff Jessica R. Chronister TERMINATED: 08/11/2020
Plaintiff Jessica Holl TERMINATED: 08/11/2020
Plaintiff

represented by Christina Williams #20552-035 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Chrystal Larcade #10875-010 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Maria Rendon #43141-308 BOP Dublin FCI 5701 8th Street- Camp Parks Dublin, CA 94568 PRO SE
represented by Jessica R. Chronister #27884-064 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Jessica Holl #55333-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Perda Cruz TERMINATED: 08/11/2020
Plaintiff Peggy Chaffin TERMINATED: 08/11/2020
Plaintiff Kendra Ward TERMINATED: 08/11/2020
Plaintiff Davi Bailey TERMINATED: 08/11/2020
Plaintiff Shana Castillo TERMINATED: 08/11/2020
Plaintiff

represented by Perda Cruz #34488-479 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Peggy Chaffin #70653-061 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Kendra Ward #53803-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Davi Bailey #22215-040 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Shana Castillo #21287-084 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Sarah Alred TERMINATED: 08/11/2020
Plaintiff Alexis DuMarce TERMINATED: 08/11/2020
Plaintiff Jennifer Barela TERMINATED: 08/11/2020
Plaintiff Jennifer Gutridge TERMINATED: 08/11/2020
Plaintiff Lacey Moore TERMINATED: 08/11/2020
Plaintiff

represented by Sarah Alred #25514-479 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Alexis DuMarce #17635-273 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Jennifer Barela #89655-051 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Jennifer Gutridge #40307-408 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Lacey Moore #28516-009 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Tesa Keith TERMINATED: 08/11/2020
Plaintiff Erika Mijarez TERMINATED: 08/11/2020
Plaintiff Carolina Medellin TERMINATED: 08/11/2020
Plaintiff Shawna N. Enloe TERMINATED: 08/11/2020
Plaintiff Amy Robertson TERMINATED: 08/11/2020
Plaintiff

represented by Tesa Keith #58769-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Erika Mijarez #99247-380 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Carolina Medellin #98155-051 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Shawna N. Enloe #03306-479 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Amy Robertson #12574-028 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Candice Klein TERMINATED: 08/11/2020
Plaintiff Yvette Avila TERMINATED: 08/11/2020
Plaintiff Eugenia Rowland TERMINATED: 08/11/2020
Plaintiff Crystal Thomas TERMINATED: 08/11/2020
Plaintiff Kristina Koehn TERMINATED: 08/11/2020
Plaintiff

represented by Candice Klein #26623-078 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Yvette Avila #66447-298 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Eugenia Rowland #13940-273 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Crystal Thomas #27832-078 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Kristina Koehn #15271-062 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Rose Myers TERMINATED: 08/11/2020
Plaintiff Laura Hernandez TERMINATED: 08/11/2020
Plaintiff Ashley Vandenburg TERMINATED: 08/11/2020
Plaintiff Veronica Valenzuela TERMINATED: 08/11/2020
Plaintiff Christina Juarez TERMINATED: 08/11/2020
Plaintiff

represented by Rose Myers #08419-063 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Laura Hernandez #38575-379 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Ashley Vandenburg #77327-061 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Veronica Valenzuela #50918-051 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Christina Juarez No. 48416-177 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Miranda Fournier TERMINATED: 08/11/2020
Plaintiff Tara Childress TERMINATED: 08/11/2020
V. Defendant Warden M. Carr Defendant Lt. Anothny TERMINATED: 09/25/2020 Defendant Lt. Butler Defendant Mrs. Cole-Rowls TERMINATED: 09/25/2020 Defendant Mrs. Q. Scott Defendant A.W. Compos TERMINATED: 09/25/2020

represented by Miranda Fournier #20566-078 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE
represented by Tara Childress #27847-045 BOP Carswell FMC P.O. BOX 27137 Fort Worth, TX 76127 PRO SE

Defendant Officer Friese TERMINATED: 09/25/2020
Defendant Dr. Jowdi TERMINATED: 09/25/2020
Defendant Dr. Langcom Medical Director TERMINATED: 09/25/2020
Defendant Mrs. Lux TERMINATED: 09/25/2020
Defendant Mrs. FNU Cole-Rawls
Defendant Dr. FNU Jowdy
Defendant Dr. FNU Langham Medical Director
Defendant Lt. FNU Anothony

Date Filed 08/03/2020

# Docket Text

COMPLAINT against Warden Carr, A.W. Compos, Dr. Jowdi, Dr.

1

Langcom, Lt. Anothny, Lt. Butler, Mrs. Cole-Rowls, Mrs. Lux, Mrs. Q.

Scott, Officer Friese filed by Tiffany Mankin, Wendy Espinoza, Candice

08/03/2020

Klein, Mindy Casas, Veronica Valenzuela, Tracie Cartwright, Villiscia Thomas, Carrie Allred, Christina Juarez, Samantha Forsythe, Chrystal Larcade, Jennifer Barela, Stephanie Walker, Tara Childress, Lacey Moore, Shawna Enloe, Victoria Martinez, Ariel Bishop, Laura Shauger, Shelly Mixson, Tanya Torrence, Perda Cruz, Eugenia Rowland, Dakota Garmany, Kendra Ward, Gloria Beltran, Yvette Avila, Clara PoorBear, Tesa Keith, Raneem Hourani-Martinez, Windy Panzo, Shana Castillo, Carolina Medellin, Jennifer Gutridge, Crystal Thomas, Maria Rendon, Miranda Fournier, Angela Reynolds, Amy Robertson, Alexis DuMarce, Kristina Koehn, Ashley Vandenburg, Rose Myers, Andrea Brooks, Warden Carr, Faith Blake, Desiree Wade, Cynthia Baxter, Georgia Gregg, Mia Mitchell, Juliana Lourde, Laura Hernandez, Erika Mijarez, Peggy Chaffin, Angela Curpit, Sarah Alred, Nikki Graham, Kerri Keith, Jessica Chronister, Genesis Gonzalez, Anika Folsom, Delisa Williams, Amy Tedder, Davi Bailey, Megan Scott, Jessica Holl, Crystal Hamann, Brandi Moore, La Toysha Gibson, Barbara Comnehan, Laci Landers, Christina Williams, Tiffany Snodgrass. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (wxc) (Entered: 08/06/2020)
2 Memorandum in Support filed by Carrie Allred, Sarah Alred, Yvette Avila, Davi Bailey, Jennifer Barela, Cynthia Baxter, Gloria Beltran, Ariel Bishop, Faith Blake, Andrea Brooks, Tracie Cartwright, Mindy Casas, Shana Castillo, Peggy Chaffin, Tara Childress, Jessica Chronister, Barbara Comnehan, Perda Cruz, Angela Curpit, Alexis DuMarce, Shawna Enloe, Wendy Espinoza, Anika Folsom, Samantha Forsythe, Miranda Fournier, Dakota Garmany, La Toysha Gibson, Genesis Gonzalez, Nikki Graham, Georgia Gregg, Jennifer Gutridge, Crystal Hamann, Laura Hernandez, Jessica Holl, Raneem Hourani-Martinez, Christina Juarez, Kerri Keith, Tesa Keith, Candice Klein, Kristina Koehn, Laci Landers, Chrystal Larcade, Juliana Lourde, Tiffany Mankin, Victoria Martinez, Carolina Medellin, Erika Mijarez, Mia Mitchell, Shelly Mixson, Brandi Moore, Lacey Moore, Rose Myers, Windy Panzo, Clara PoorBear, Maria Rendon, Angela Reynolds, Amy Robertson, Eugenia Rowland, Megan Scott, Laura Shauger, Tiffany Snodgrass, Amy Tedder, Crystal Thomas, Villiscia Thomas, Tanya Torrence, Veronica Valenzuela, Ashley Vandenburg, Desiree Wade, Stephanie Walker, Kendra Ward, Christina Williams, Delisa Williams re 1
Complaint,,,,,,, (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s), # 6 Exhibit(s)) (wxc) (Entered: 08/06/2020)

08/03/2020
08/03/2020 08/03/2020 08/06/2020 08/11/2020 08/11/2020

3 Motion to Appoint Counsel filed by Carrie Allred, Sarah Alred, Yvette Avila, Davi Bailey, Jennifer Barela, Cynthia Baxter, Gloria Beltran, Ariel Bishop, Faith Blake, Andrea Brooks, Tracie Cartwright, Mindy Casas, Shana Castillo, Peggy Chaffin, Tara Childress, Jessica Chronister, Barbara Comnehan, Perda Cruz, Angela Curpit, Alexis DuMarce, Shawna Enloe, Wendy Espinoza, Anika Folsom, Samantha Forsythe, Miranda Fournier, Dakota Garmany, La Toysha Gibson, Genesis Gonzalez, Nikki Graham, Georgia Gregg, Jennifer Gutridge, Crystal Hamann, Laura Hernandez, Jessica Holl, Raneem Hourani-Martinez, Christina Juarez, Kerri Keith, Tesa Keith, Candice Klein, Kristina Koehn, Laci Landers, Chrystal Larcade, Juliana Lourde, Tiffany Mankin, Victoria Martinez, Carolina Medellin, Erika Mijarez, Mia Mitchell, Shelly Mixson, Brandi Moore, Lacey Moore, Rose Myers, Windy Panzo, Clara PoorBear, Maria Rendon, Angela Reynolds, Amy Robertson, Eugenia Rowland, Megan Scott, Laura Shauger, Tiffany Snodgrass, Amy Tedder, Crystal Thomas, Villiscia Thomas, Tanya Torrence, Veronica Valenzuela, Ashley Vandenburg, Desiree Wade, Stephanie Walker, Kendra Ward, Christina Williams, Delisa Williams (wxc) (Entered: 08/06/2020)
4 New Case Notes: A filing fee has not been paid. No prior sanctions found. (For court use only - links to the national and circuit indexes.) File to: No court file needed. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) (Entered: 08/06/2020)
5 Notice and Instruction to Pro Se Party (wxc) (Entered: 08/06/2020)
***Clerk's Notice of delivery: (see NEF for details) Docket No:4,5. Thu Aug 6 13:10:56 CDT 2020 (crt) (Entered: 08/06/2020)
6 ORDER DENYING MOTION FOR CERTIFICATION OF A CLASS... It is therefore ORDERED that to the extent a motion for certification of a class is incorporated into the complaint, that motion is DENIED. (Ordered by Judge Mark Pittman on 8/11/2020) (wxc) (Entered: 08/11/2020)
7 ORDER denying 3 ...The complaints of each of the other 71 Plaintiffs shall be SEVERED into separate actions as to each plaintiff, with a new cause number being assigned to each plaintiff. In each of the new civil actions, the Clerk of Court shall file a copy of this Order and the Complaint (ECF No. 1
) on file in this Civil Action No. 4:20-cv-00807-P....at this time the

08/12/2020 08/12/2020 08/12/2020
08/14/2020 08/14/2020 08/17/2020 08/24/2020
08/24/2020 08/24/2020

motion for appointment of counsel (ECF No. 3 ) is DENIED. (Ordered by Judge Mark Pittman on 8/11/2020) (wxc) (Entered: 08/12/2020)
***Clerk's Notice of delivery: (see NEF for details) Docket No:6,7. Wed Aug 12 10:48:09 CDT 2020 (crt) (Entered: 08/12/2020)
8 Document titled "Please add these to this case asap" (wxc) (Entered: 08/13/2020)
9 Correspondence and Additional Inmate Affidavits filed by Faith Blake. (Attachments: # 1 Additional Page(s), # 2 Additional Page(s), # 3 Additional Page(s), # 4 Additional Page(s), # 5 Additional Page(s), # 6 Additional Page(s), # 7 Additional Page(s), # 8 Additional Page(s), # 9 Additional Page(s), # 10 Additional Page(s), # 11 Additional Page(s), # 12 Additional Page(s), # 13 Additional Page(s)) (bdb) (Entered: 08/23/2020)
10 Additional Inmate Affidavits filed by Faith Blake. (bdb) (Entered: 08/23/2020)
18 MOTION to Remove/Withdraw Class Member filed by Faith Blake. (bdb) (Entered: 08/31/2020)
11 Additional Inmate Affidavits filed by Faith Blake. (bdb) (Entered: 08/23/2020)
12 ORDER...It is therefore ORDERED that all of the Declarations incorporated into the documentsfiled in this case on August 12, 2020, August 12, 2020, August 14, 2020, and August 17,2020 (ECF Nos. 8, 9, 10, and 11) will not be considered or reviewed by the Court in thiscase.It is further ORDERED that the clerk of Court shall send a copy of the Courts prisoner civil rights complaint form and prisoner in forma pauperis form, and a copy of this order, to each of the FMC-Fort Worth inmates listed above. If any of these FMC- Carswell inmates wants to file a civil suit in her own behalf, she must complete the form complaint and the in-forma-pauperis application, and return those forms to the clerk of Court. (Ordered by Judge Mark Pittman on 8/24/2020) (wxc) (Entered: 08/24/2020)
***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Mon Aug 24 13:30:22 CDT 2020 (crt) (Entered: 08/24/2020)
13 Document titled "Sworn Declaration of Rhonda Long" received from Rhonda Long (wxc) (Entered: 08/24/2020)

08/24/2020 08/24/2020 08/27/2020
08/27/2020 08/27/2020 08/27/2020 08/31/2020 08/31/2020 08/31/2020

14 Document titled "Sworn Declaration of Jada Gregg-Warren" filed by Jada Gregg-Warren (wxc) (Entered: 08/24/2020)
19 Correspondence to Court with Consent from Tiffany Hamilton Received. Per SADK (wxc) (Entered: 08/31/2020)
15 ORDER... It is therefore ORDERED that the Declarations incorporated into the documents filed in this case on August 24, 2020 20 (ECF Nos. 13 and 14) will not be considered or reviewed by the Court in this case. It is further ORDERED that the clerk of Court shall send a copy of the Courts prisoner civil rights complaint form and prisoner in forma pauperis form, and a copy of this order, to inmates Rhonda Long (No. 48712-177) and Jada GreggWarren (No. 25718-380) at their FMC-Carswell address. If either of these FMC-Carswell inmates wants to file a civil suit in her own behalf, she must complete the form complaint and the in-forma- pauperis application, and return those forms to the clerk of Court. (Ordered by Judge Mark Pittman on 8/27/2020) (wxc) (Entered: 08/27/2020)
***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Thu Aug 27 09:02:52 CDT 2020 (crt) (Entered: 08/27/2020)
16 Correspondence received from Gabriela Nevarez. (Address update) (wxc) (Entered: 08/28/2020)
17 Correspondence received from Ivette Davila (Extension of Time/Change of Address) (wxc) (Entered: 08/28/2020)
20 ORDER denying 18 ... It is therefore ORDERED that the motion construed as a motion to reconsider the Courts prior orders denying a motion for class certification and for counsel (ECF No. 18) is DENIED. (Ordered by Judge Mark Pittman on 8/31/2020) (wxc) (Entered: 08/31/2020)
***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Mon Aug 31 16:47:41 CDT 2020 (crt) (Entered: 08/31/2020)
21 ORDER... It is therefore ORDERED that the correspondence recently filed in this case (ECFNos. 16, 17, and 19) will not be considered or reviewed by the Court in this case.It is further ORDERED that the clerk of Court shall send a copy of the Courts prisoner civil rights complaint form and prisoner in forma pauperis form, and a copy of this order, to inmates Gabriella Nevarez (No. 45225-013), Ivette Davila (No. 17644-035), and Tiffany Hamilton (No. 21646-032) at their BOP address of record. If any of these BOP inmates wants to file a civil suit in her own behalf, she must complete the form complaint and the in-forma-pauperis application, and return those

09/02/2020 09/03/2020
09/03/2020 09/03/2020 09/03/2020 09/11/2020 09/11/2020 09/11/2020 09/14/2020 09/15/2020

forms to the clerk of Court. (Ordered by Judge Mark Pittman on 8/31/2020) (wxc) (Entered: 08/31/2020)
22 Motion for Extension of Time filed by Faith Blake (wxc) (Entered: 09/02/2020)
23 ORDER granting 22 ... It is therefore ORDERED that the motion for extension of time (ECF No. 22) is GRANTED, only to the extent that the time for plaintiff Blake to file a completed form civil complaint and either pay the applicable fees or file an in forma pauperis motion with certificate of inmate trust account, is extended through September 30, 2020. 3 Failure to timely and completely comply with this order by the extended deadline could result in the dismissal of Plaintiffs claims without further notice. (Ordered by Judge Mark Pittman on 9/3/2020) (wxc) (Entered: 09/03/2020)
***Clerk's Notice of delivery: (see NEF for details) Docket No:23. Thu Sep 3 13:53:19 CDT 2020 (crt) (Entered: 09/03/2020)
24 Correspondence received from Kimberly Gaskins (Motion for Extension of Time) (wxc) (Entered: 09/03/2020)
25 Correspondence received from Jessica Idlett. (Motion for Extension of Time) (wxc) (Entered: 09/03/2020)
26 Mail returned as undeliverable. 12 Order, received back from Gabriella Nevarez (No. 45225-013), as Unable to Identify. Current document not remailed. (Notified SADK) (wxc) (Entered: 09/11/2020)
27 Mail returned as undeliverable. 12 Order, received back from Jessyca Hoskins as Unable to identify. No address update from last filed document. The current document has not been re-mailed. (wxc) (Entered: 09/11/2020)
28 Mail returned as undeliverable. 12 Order,,, received back from Ivette Davila as Unable to Identify. The current document has not been re-mailed. (wxc) (Entered: 09/11/2020)
29 Sworn Declaration of Levon Edmond filed by Levon Edmond (wxc) (Entered: 09/14/2020)
30 ORDER... It is therefore ORDERED that the correspondence recently filed in this case from Levon Edmond (ECF No. 29) will not be considered or reviewed by the Court in this case. It is further ORDERED that the clerk of Court shall send a copy of the Courts prisoner civil rights complaint form and prisoner in forma pauperis form, and a copy of this order to inmate Levon Edmond (No. 06879-043) at her BOP address of record. If Edmond

wants to file a civil suit in her own behalf, she must complete the form complaint and the informa- pauperis application, and return those forms to the clerk of Court. (Ordered by Judge Mark Pittman on 9/15/2020) (wxc) (Entered: 09/15/2020)

09/16/2020

***Clerk's Notice of delivery: (see NEF for details) Docket No:30. Wed Sep 16 13:32:43 CDT 2020 (crt) (Entered: 09/16/2020)

09/16/2020

***Clerk's Notice of delivery: (see NEF for details) Docket No:21. Wed Sep 16 13:35:02 CDT 2020 (crt) (Entered: 09/16/2020)

09/21/2020

31 Declaration of Connie Velez. (wxc) (Entered: 09/21/2020)

09/22/2020

32 ORDER... It is therefore ORDERED that the correspondence recently filed in this case from Connie Velez (ECF No. 31) will not be considered or reviewed by the Court in this case. It is further ORDERED that the clerk of Court shall send a copy of the Courts prisoner civil rights complaint form and prisoner in forma pauperis form, and a copy of this order to inmate Connie Velez (No. 33190-045) at her BOP address of record. If Velez wants to file a civil suit in her own behalf, she must complete the form complaint and the in-formapauperis application, and return those forms to the clerk of Court. (Ordered by Judge Mark Pittman on 9/22/2020) (wxc) (Entered: 09/22/2020)

09/22/2020

***Clerk's Notice of delivery: (see NEF for details) Docket No:32. Tue Sep 22 16:46:20 CDT 2020 (crt) (Entered: 09/22/2020)

09/25/2020 33

AMENDED COMPLAINT against Warden Carr, Dr. FNU Jowdy, Dr. FNU Langham, Lt. FNU Anothony, Lt. Butler, Mrs. FNU Cole-Rawls, Mrs. Q. Scott filed by Faith Blake. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (pef) Modified on 9/29/2020 (pef). (Entered: 09/25/2020)

09/25/2020

34 MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Faith Blake. (pef) (Entered: 09/25/2020)

10/05/2020

35 Mail returned as undeliverable. 12 Order received back from Gabriela Nevarez as Inmate no longer at facility. Address updated from last filed document, 16 . The current document has been re-mailed per Order 21 . (wxc) (Entered: 10/05/2020)

10/07/2020

36 FILING FEE ORDER... in amount of $45.10 with a balance of $304.90 remaining. Clerk to mail this order to the attention of the Inmate Trust Fund Department at the facility where the inmate resides. (Ordered by Judge Mark Pittman on 10/7/2020) (wxc) (Entered: 10/07/2020)

10/07/2020

***Clerk's Notice of delivery: (see NEF for details) Docket No:36. Wed Oct 7 10:44:43 CDT 2020 (crt) (Entered: 10/07/2020)

10/09/2020

37 ORDER STAYING CASES: It is ORDERED that all of these cases are STAYED pending further order of the Court. It is further ORDERED that during the STAY, the Plaintiffs shall not file any additional pleadings or other documents. Any document filed in violation of this Order will be docketed only as correspondence and will not be addressed by the Court. (Ordered by Judge Mark Pittman on 10/9/2020) (bdb) (Entered: 10/09/2020)

10/09/2020

***Clerk's Notice of delivery: (see NEF for details) Docket No:37. Fri Oct 9 13:16:36 CDT 2020 (crt) (Entered: 10/09/2020)

12/22/2020 38

OPINION and ORDER OF PARTIAL DISMISSAL UNDER 28 U.S.C. §§ 1915A & 1915(e)(2)(B): It is ORDERED that the STAY previously issued in these cases is LIFTED. It is further ORDERED that all of the plaintiffs' motions/requests for compassionate release in these cases, construed as motions/requests for modification of sentence under 18 U.S.C. § 3582(c)(1)(A), are DISMISSED for lack of jurisdiction without prejudice to any such Plaintiff seeking relief in her sentencing court. (Ordered by Judge Mark Pittman on 12/22/2020) (bdb) (Entered: 12/22/2020)

12/22/2020 39

FINAL JUDGMENT AS TO SOME CLAIMS UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(B): It is ORDERED, ADJUDGED, and DECREED that plaintiffs' motions/requests for compassionate release in these cases, construed as motions/requests for modification of sentence under 18 U.S.C. § 3582(c)(1)(A), are DISMISSED for lack of jurisdiction without prejudice to any such plaintiff seeking relief in her sentencing court. (Ordered by Judge Mark Pittman on 12/22/2020) (bdb) (Entered: 12/22/2020)

12/22/2020 40

ORDER APPOINTING/NAMING COUNSEL FOR PLAINTIFFS and, PROVIDING TIME FOR COUNSEL TO REVIEW AND UPDATE PLEADINGS: It is ORDERED that Jay K. Wieser, Edwin M. Buffmire, Paul C. Watler, and Jackson Walker, LLP, 777 Main Street, Suite 2100, Fort Worth, Texas, 76102 are appointed as pro-bono counsel for all of these plaintiffs. It is further ORDERED that Professor James C. George and the Texas A&M Law School Civil Clinic are also appointed to allow the Clinic's law students to assist the appointed attorneys in this case in accordance with the applicable Texas Rules of Disciplinary Conduct. It is

further ORDERED that appointed counsel shall, by no later than April 1, 2021, file updated pleadings, either by filing a First Amended Complaint in each of these separate cases, or if appointed counsel determines it is appropriate under the facts and law applicable to these cases, by filing a motion to consolidate with a consolidated First Amended Complaint. (Ordered by Judge Mark Pittman on 12/22/2020) (bdb) (Entered: 12/22/2020)

12/22/2020

***Clerk's Notice of delivery: (see NEF for details) Docket No:38,39,40. Tue Dec 22 15:37:59 CST 2020 (crt) (Entered: 12/22/2020)

02/08/2021

41 *** UNFILED PER ORDER 42 *** Declaration of Elizabeth Shante Brown received. (wxc) Modified on 2/9/2021 (wxc). (Entered: 02/08/2021)

02/09/2021

42 Order Unfiling 41 filed by Elizabeth Brown due to the following deficiency: Brown is not a party to this case. The clerk of Court is directed to return this document along with a copy of the Court's form civil-rights complaint to Elizabeth Brown (BOP No. 26476-017) at her FMC-Carswell address. (Ordered by Judge Mark Pittman on 2/9/2021) (wxc) (Entered: 02/09/2021)

04/01/2021

43 MOTION to Consolidate Cases filed by Faith Blake. (Clerks Note: Docketed in this case per direction from Judge Pittman because the Motion to Consolidate filed in case number 4:20-cv-854-P seeks to consolidate that case with case numbers 4:20-CV-807-P, 4:20-CV-852-P, 4:20-CV-856-P, 4:20-CV-858-P, 4:20-CV-871-P, 4:20-CV-879-P, 4:20-CV-880-P, 4:20CV-881-P, 4:20-CV-885-P, 4:20-CV-890-P, 4:20-CV-902-P, 4:20-CV-908P, 4:20-CV-909-P, 4:20-CV-913-P, 4:20-CV-916-P, 4:20-CV-918-P, 4:20CV-919-P, 4:20-CV-920-P, 4:20-CV-1045-P, 4:20-CV-1052-P, 4:20-CV1095-P, 4:20-CV-1096-P, 4:20-CV-1120-P.) (Attachments: # 1 Exhibit(s)) (mmw) (Entered: 04/06/2021)

04/08/2021 44

Motion Under Rule 23 of the Federal Rules of Civil Procedure for Class Action; 42 U.S.C. § 1985, 1986 Civil Rights Conspiracy Claims filed by Faith Blake. (tln) (Entered: 04/09/2021)

04/08/2021

45 Declaration re: 44 Motion Under Rule 23 of the Federal Rules of Civil Procedure for Class Action; 42 U.S.C. § 1985, 1986 Civil Rights Conspiracy Claims filed by Faith Blake. (tln) (Entered: 04/09/2021)

04/13/2021

46 ORDER DISMISSING RECENTLY FILED DOCUMENTS: It is ORDERED that the "Motion under Rule 23 of the Federal Rules of Civil Procedure for Class Action; 42 U.S.C. § 1985, 1986 Civil Rights Conspiracy Claims" and supporting Declaration filed by the Plaintiffs pro

04/23/2021 47

se, are DISMISSED without prejudice. (Ordered by Judge Mark Pittman on 4/13/2021) (bdb) (Entered: 04/13/2021)
Amended MOTION to Consolidate Cases filed by Faith Blake. (Clerks Note: Docketed in this case per direction from Judge Pittman because the Amended Motion to Consolidate filed in case number 4:20-cv-854-P seeks to consolidate that case with case numbers 4:20-CV-807-P, 4:20-CV-852-P, 4:20-CV-856-P, 4:20-CV-858-P, 4:20-CV-871-P, 4:20-CV-879-P, 4:20CV-880-P, 4:20-CV-881-P, 4:20-CV-885-P, 4:20-CV-890-P, 4:20-CV-902P, 4:20-CV-908-P, 4:20-CV-909-P, 4:20-CV-913-P, 4:20-CV-916-P, 4:20CV-918-P, 4:20-CV-919-P, 4:20-CV-920-P, 4:20-CV-1045-P, 4:20-CV1052-P, 4:20-CV-1095-P, 4:20-CV-1096-P, 4:20-CV-1120-P, 4:20-CV898-P, 4:20-CV-901-P, 4:20-CV-873-P, 4:20-CV-891-P, 4:20-CV-910-P, 4:20-CV-882-P, 4:20-CV-907-P, 4:20-CV-1081-P, 4:20-CV-905-P.) (wxc) (Entered: 04/30/2021)

PACER Service Center Transaction Receipt

06/01/2021 13:20:28

PACER Login:

CRClearinghouse:2563377:0 Client Code: Eric Gripp

Description: Docket Report

Search Criteria:

4:20-cv00807-P

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11

Cost:

1.10

 
 Case 4:20-cv-00807-P Document 7 Filed 08/11/20 Page 1 of 8 PageID 321

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

FAITH M. BLAKE,

§

(No. 73053-279),

§

LA TOYSHA GIBSON,

§

(No. 44161-177),

§

TIFFANY SNODGRASS,

§

(No. 20160-043),

§

DELISA WILLIAMS,

§

(No. 99950-051),

§

TRACIE CARTWRIGHT,

§

(No. 67271-019),

§

CRYSTAL HAMANN,

§

(No. 66795-380),

§

MEGAN SCOTT,

§

(No. Number),

§

ARIEL BISHOP,

§

(No. 27411-009),

§

TANYA TORRENCE,

§

(No. 57104-083),

§

CLARA POORBEAR,

§

(No. 20937-035),

§

GENESIS GONZALEZ,

§

(No. 19703-480),

§

JULIANA LOURDE,

§

(No. 28023-078),

§

WINDY PANZO,

§

(No. 15967-059),

§

SAMANTHA FORSYTHE,

§

(No. 31158-064),

§

ANDREA BROOKS,

§

(No. 28601-380),

§

CARRIE ALLRED,

§

(No. 31517-045),

§

ANGELA REYNOLDS,

§

(No. 50702-177),

§

VICTORIA MARTINEZ,

§

(No. 74453-479),

§

MINDY CASAS,

§

(No. 57122-177),

§

NIKKI GRAHAM,

§

(No. 17369-046),

§

Case 4:20-cv-00807-P Document 7 Filed 08/11/20 Page 2 of 8 PageID 322

ANIKA FOLSOM,

§

(No. 32338-064),

§

ANGELA CUPIT,

§

(No. 49717-177),

§

CYNTHIA BAXTER,

§

(No. 04314-063),

§

VILLISCIA THOMAS,

§

(No. 18044-030),

§

STEPHANIE WALKER,

§

(No. 22305-026),

§

GEORGIA GREGG,

§

(No. 09233-479),

§

DAKOTA GARMANY,

§

(No. 53454-074),

§

DESIREE WADE,

§

(No. 15254-028),

§

LAURA SHAUGER,

§

(No. 68517-066),

§

WENDY ESPINOZA,

§

(No. 12293-010),

§

TIFFANY MANKIN,

§

(No. 14517-078),

§

BARBARA COMNEHAN,

§

(No. 28121-045),

§

SHELLY MIXSON,

§

(No. 12079-480,

§

AMY TEDDER,

§

(No. 14975-480),

§

LACI LANDERS,

§

(No. 38956-379),

§

BRANDI MOORE,

§

(No. 37492-480),

§

GLORIA BELTRAN,

§

(No. 23013-479),

§

MIA MITCHELL,

§

(No. 26852-078),

§

RANEEM HOURANI-MARTINEZ, §

(No. 18540-479),

§

KERRI KIETH,

§

(No. 45557-177),

§

CHRISTINA WILLIAMS,

§

(No.20552-035),

§

CHRYSTAL LARCADE,

§

(No. 10875-010),

§

-2-

Case 4:20-cv-00807-P Document 7 Filed 08/11/20 Page 3 of 8 PageID 323

MARIA RENDON,

§

(No. 43141-308),

§

JESSICA CHRONISTER,

§

(No. 27884-064),

§

JESSICA HOLL,

§

(No. 55333-177),

§

PEDRA CRUZ,

§

(No. 34488-479),

§

PEGGY CHAFFIN,

§

(No. 70653-061),

§

KENDRA WARD,

§

(No. 53803-177),

§

DAVI BAILEY,

§

(No. 22215-040),

§

SHANA CASTILLO,

§

(No. 21287-084),

§

SARAH ALRED,

§

(No. 25514-479),

§

ALEXIS DuMARCE,

§

(No. 17635-273),

§

JENNIFER BARELA,

§

(No. 89655-051),

§

JENNIFER GUTRIDGE,

§

(No. 40307-408),

§

LACEY MOORE,

§

(No. 28516-009),

§

TESA KEITH,

§

(No. 58769-177),

§

ERIKE MIJAREZ,

§

(No. 99247-380),

§

CAROLINA MEDELLIN,

§

(No. 98155-051),

§

SHAWNA ENLOE,

§

(No. 03306-479),

§

AMY ROBERTSON,

§

(No. 12574-028),

§

CANDICE KLEIN,

§

(No. 26623-078),

§

YVETTE AVILA,

§

(No. 66447-298),

§

EUGENIA ROWLAND,

§

(No.13940-273),

§

-3-

Case 4:20-cv-00807-P Document 7 Filed 08/11/20 Page 4 of 8 PageID 324

CRYSTAL THOMAS, (No. 27832-078), KRISTINA KOEHN, (No. 15271-062), ROSE MYERS, (No. 08419-063), LAURA HERNANDEZ, (No. 38575-379), ASHLEY VANDENBURG, (No. 77327-061), VERONICA VALENZUELA, (No. 50918-051), CHRISTINA JUAREZ, (No. 48416-177), MIRANDA FOURNIER, (No. 20566-078), TARA CHILDRESS, (No. 27847-045),
Plaintiffs,
vs.
WARDEN CARR, FMC-Carswell, Et Al.,
Defendants.

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

Civil Action No. 4:20-cv-00807-P

§

§

§

§

§

§

ORDER

The civil handwritten complaint in this case was filed in the name of 72 plaintiffs, all

of whom are inmates at the Bureau of Prisons (BOP) FMC-Carswell facility in Fort Worth,

Texas. Complaint 46-47, ECF No. 1. They challenge the constitutionality of the conditions

of their confinement and raise numerous claims challenging all aspects of their housing,

including exposure to the COVID-19 pandemic, claims regarding sanitation, deprivation of

food, medical care, improper use of force, environmental hazards, limit on exercise, cruel and

-4-

Case 4:20-cv-00807-P Document 7 Filed 08/11/20 Page 5 of 8 PageID 325
unusual punishment under the Eighth Amendment, retaliation for exercising heir First Amendment rights, and interference with the right of access to courts. Complaint 8-39, ECF No. 1. Plaintiffs submitted a single complaint, but it was signed first in the name of Plaintiff Faith M. Blake, but also in the name of 71 other individual plaintiffs.1 Complaint 46-47, ECF No. 1.
None of the plaintiffs paid a filing fee or filed an application to proceed in forma pauperis with a certified copy of their inmate trust account. The PLRA requires each plaintiff to pay the full filing fee, through the fee assessment and collection procedures set out in the statute, even if he is granted leave to proceed in forma pauperis. See 28 U.S.C. §§ 1915(a)(2), (b)(1)-(b)(2). Prisoners cannot avoid the PLRA’s fee requirement by filing jointly. See Bouribone v. Berge, 391 F.3d 852, 854-56 (7th Cir. 2004); Hubbard v. Haley, 262 F.3d 1194, 1196 (11th Cir. 2001). The Court finds that each individual Plaintiff must pay a filing fee.
Although Plaintiffs brought their complaint jointly, the Court finds that each Plaintiff should be required to file a separate complaint asserting his individual claims. See Hubbard v. Haley, 262 F.3d 1194 (11th Cir. 2001) (holding that the Prison Litigation Reform Act (PLRA) requires a separate action and payment of the full filing fee by each prisoner seeking to proceed in forma pauperis).
District Courts have long recognized the inherent difficulties associated with allowing multiple prisoner-plaintiffs to proceed jointly, especially after the enactment of the Prison
1Lead Plaintiff Faith M. Blake incorporated a motion for class certification under Federal Rule of Civil Procedure 23. That motion was denied by separate order issued this day in the lead case only.
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Case 4:20-cv-00807-P Document 7 Filed 08/11/20 Page 6 of 8 PageID 326
Litigation Reform Act of 1995 (PLRA). See Beaird v. Lappin, 2006 WL 2051034 at 4 (N.D. Tex.—Dallas Div. July 24, 2006).
Practical concerns include the possibility of inmate transfers, the need for each individual Plaintiff to represent himself and sign all pleadings, the possibility that documents may be altered as they are circulated, the possibility of coercion by prisoners, and potential security issues. Additionally, the Court’s initial review of the pleadings, including the fact that at least 45 of the plaintiffs submitted their own declaration, confirms that each of these plaintiffs needs to file their own complaint, listing the facts of their particular claims and how they were uniquely harmed by any specific defendant. The likelihood of varying facts as to each plaintiff’s circumstances supports separating the Plaintiffs’ claims into separate suits.
For these reasons, it is ORDERED: (1) The complaint of Faith M. Blake shall continue under this Civil Action No. 4:20-CV-809-P. (2) The complaints of each of the other 71 Plaintiffs shall be SEVERED into separate actions as to each plaintiff, with a new cause number being assigned to each plaintiff. In each of the new civil actions, the Clerk of Court shall file a copy of this Order and the Complaint (ECF No. 1) on file in this Civil Action No. 4:20-cv-00807-P. (3) Each plaintiff shall, within twenty (20) days from the date of this Order, pay the filing fee of $400.002 or file with the clerk of Court (1) a signed Application to Proceed
2Where a prisoner plaintiff has been granted leave to proceed in forma pauperis, a $350 filing fee will be deducted from the prisoner’s account. See District Court Miscellaneous Fee Schedule. If the prisoner plaintiff has not been granted leave to proceed in forma pauperis, he must pay the $350 fee plus a $50 administrative fee, resulting in a total filing fee of $400.
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Case 4:20-cv-00807-P Document 7 Filed 08/11/20 Page 7 of 8 PageID 327
in Forma Pauperis, (2) a copy of her inmate trust account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of his complaint, certified by one of the officers at the institution where Plaintiff is incarcerated; and (3) a signed copy of the AUTHORIZATION portion of the Certificate of Inmate Trust Account or a signed copy of any consent form or authorization that the institution having custody of Plaintiff requires to allow it to access a prisoner’s inmate trust fund account, to collect funds from the account, and to pay those funds to the Clerk of the District Court.
(4) Each plaintiff shall, within twenty (20) days of the date of this order, file an Amended Complaint setting forth her specific claims. Each Plaintiff shall use the form provided by the Court and shall answer each question, setting forth her entire complaint on the form unless it is necessary to attach additional pages. Plaintiffs shall not incorporate by reference, or otherwise, any portion of the complaint previously submitted and shall not attach the prior complaint or amended complaint as an exhibit. Each plaintiff must sign her Amended Complaint.
Failure of any of the plaintiffs to file the required documents will result in a denial of in forma pauperis status and or a dismissal of that plaintiff’s complaint for want of prosecution without further notice, unless the filing fee of $400.00 is timely paid.
(5) Service of process shall be withheld in each case pending judicial screening pursuant to 28 U.S.C. § 1915(e)(2).
(6) No additional amendments or supplements to any amended complaint shall be filed without prior Court approval.
-7-

Case 4:20-cv-00807-P Document 7 Filed 08/11/20 Page 8 of 8 PageID 328 (7) All discovery is stayed until further order. (8) No motions for appointment of counsel shall be filed until the Court has
completed the screening required by 28 U.S.C. § 1915(e)(2), which may include a hearing pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), or such other proceedings deemed appropriate by the Court. Thus, at this time the motion for appointment of counsel (ECF No. 3) is DENIED.
(9) Each plaintiff shall promptly notify the Court of any change of address by filing a written notice of change of address with the Clerk. Failure to file such notice may result in a dismissal of the complaint as to the plaintiff failing to so notify the Court.
(10) The Clerk shall mail to each of the plaintiffs a 42 U.S.C. § 1983 complaint form marked, “Amended Complaint,” an Application to Proceed in Forma Pauperis, and a Certificate of Inmate Trust Account and Authorization, each marked with the cause number assigned to their respective new complaint for their use in complying with this Order.
(11) The Clerk shall mail a copy of this Order to each Plaintiff.
SO ORDERED this 11th day of August, 2020.
Mark T. Pittman UNITED STATES DISTRICT JUDGE
-8-

 
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 Case 4:20-cv-00807-P Document 38 Filed 12/22/20 Page 1 of 7 PageID 738

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

FAITH BLAKE, (No. 73053-279),
TIFFANY SNODGRASS, (No. 20160-043),
BARBARA CARNNAHAN, (No. 281221-045),
SHELLY MIXON, (No. 12079-480),
PEGGY CHAFFIN, (No.70653-061),
VICTORIA MARTINEZ, (No. 77453-479),
ARIEL BISHOP, (No. 27411-009),
BRANDI MOORE, (No. 37492-480),
STEPHANIE WALKER, (No. 27266-078),
GEORGIA GREGG, (No. 09223-479),
GENESIS GONZALEZ, (No. 19703-480),
JULIANA LOURDE, (No. 28023-078),
TESA KEITH, (No. 58769-177),
LAURA SHAUGER,

§ § Civil Action No. 4:20-CV-807-P § § § Civil Action No. 4:20-CV-852-P § § § Civil Action No. 4:20-CV-853-P § § § Civil Action No. 4:20-CV-854-P § § § Civil Action No. 4:20-CV-856-P § § § Civil Action No. 4:20-CV-858-P § § § Civil Action No. 4:20-CV-871-P § § § Civil Action No. 4:20-CV-873-P § § § Civil Action No. 4:20-CV-879-P § § § Civil Action No. 4:20-CV-880-P § § § Civil Action No. 4:20-CV-881-P § § § Civil Action No. 4:20-CV-882-P § § § Civil Action No. 4:20-CV-885-P § §

Case 4:20-cv-00807-P Document 38 Filed 12/22/20 Page 2 of 7 PageID 739

(No. 68517-066),
SAMANTHA FORSYTHE, (No. 31158-064),
WENDY ESPINOZA, (No. 12293-010),
AMY ROBERTSON, (No. 12574-028),
CANDICE KLEIN, (No. 26623-078),
CAROLINA MEDELLIN, (No. 98155-051),
VERONICA VALENZUELA, (No. 50918-051),
CHRISTINA JUAREZ, (No. 48416-177),
EUGENIA ROWLAND, (No. 13940-273),
CRYSTAL THOMAS, (No. 27832-078),
LAURA HERNANDEZ, (No. 38575-379),
JESSICA CHRONISTER, (No. 27884-064),
JENNIFER BARELA, (No. 89655-051),
TARA CHILDRESS, (No. 27847-045),
KRISTINA KOEHN, (No. 15271-062),

§ Civil Action No. 4:20-CV-890-P § § § Civil Action No. 4:20-CV-891-P § § § Civil Action No. 4:20-CV-898-P § § § Civil Action No.4:20-CV-901-P § § § Civil Action No. 4:20-CV-902-P § § § Civil Action No. 4:20-CV-905-P § § § Civil Action No. 4:20-CV-907-P § § § Civil Action No. 4:20-CV-908-P § § § Civil Action No. 4:20-CV-909-P § § § Civil Action No. 4:20-CV-910-P § § § Civil Action No. 4:20-CV-911-P § § § Civil Action No. 4:20-CV-913-P § § § Civil Action No. 4:20-CV-916-P § § § Civil Action No. 4:20-CV-918-P § § § Civil Action No. 4:20-CV-919-P
2

Case 4:20-cv-00807-P Document 38 Filed 12/22/20 Page 3 of 7 PageID 740

§

ROSE MYERS,

§

(No.08419-063)

§

§

TAMMY MARIE LATHAM,

§

(No. 38333-479),

§

§

ROSE LINDA GANCERES,

§

(No. 12577-479),

§

§

FABIOLA SANCHEZ,

§

(No. 85255-280),

§

§

ELVA SOFIA IBARRA,

§

(No. 48282-177),

§

§

KAREN MAE LEE,

§

(No. 57409-380),

§

§

MARIA NUNEZ,

§

(No. 26633-078),

§

§

SYLVIA RODRIGUEZ POBLANO, §

(No. 81880-179),

§

§

CONNIE VELEZ,

§

(No. 33190-045),

§

§

Plaintiffs,

§

vs.

§

§

WARDEN CARR,

§

FMC-Carswell, et al.,

§

Defendants.

§

Civil Action No. 4:20-CV-920-P Civil Action No. 4:20-CV-1000-P Civil Action No. 4:20-CV-1044-P Civil Action No. 4:20-CV-1045-P Civil Action No. 4:20-CV-1052-P Civil Action No. 4:20-CV-1081-P Civil Action No. 4:20-CV-1095-P Civil Action No. 4:20-CV-1096-P Civil Action No. 4:20-CV-1120-P

OPINION and ORDER OF PARTIAL DISMISSAL UNDER 28 U.S.C. §§ 1915A & 1915(e)(2)(B)

3

Case 4:20-cv-00807-P Document 38 Filed 12/22/20 Page 4 of 7 PageID 741
These cases are before this Court for review of the inmates/plaintiffs’ pleadings under the screening provisions of 28 U.S.C. §§ 1915A and 1915(e)(2)(B). The stay previously ordered in these cases will be lifted. I. PLAINTIFFS’ PLEADINGS
In the complaints, the above-listed plaintiffs, all inmates at FMC-Carswell in Fort Worth, Texas, complain of the conditions of their confinement arising from the institution’s policies implemented as a result of the COVID-19 pandemic. Although the plaintiffs seek compensatory monetary damages and other forms of relief, they also seek “immediate release” or a “reduction in sentence.” Because the Court does not have jurisdiction to consider the plaintiffs’ motions/requests for compassionate release or to modify the terms of their respective sentences, the Court will order that those claims be DISMISSED. II. PRELIMINARY SCREENING UNDER § 1915A and § 1915(e)(2)(B)
Plaintiffs are all inmates who have been permitted to proceed in forma pauperis under the provisions of 28 U.S.C. § 1915. As prisoners seeking redress from a governmental entity or officer or employee of a governmental entity, their pleadings are subject to preliminary screening pursuant to 28 U.S.C. § 1915A. See Martin v. Scott, 156 F.3d 578, 579-80 (5th Cir. 1998) (per curiam). Because they are proceeding in forma pauperis, their complaints are also subject to screening under § 1915(e)(2). Both § 1915(e)(2)(B) and § 1915A(b) provide for sua sponte dismissal of the complaint, or any portion thereof, if the Court finds it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief against a defendant who is immune from such relief.
4

Case 4:20-cv-00807-P Document 38 Filed 12/22/20 Page 5 of 7 PageID 742
A complaint is frivolous when it “lacks an arguable basis either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). A claim lacks an arguable basis in law when it is “based on an indisputably meritless legal theory.” Id. at 327. A claim that falls under the rule announced in Heck v. Humphrey, 512 U.S. 477 (1994), “is legally frivolous unless the conviction or sentence at issue has been reversed, expunged, invalidated, or otherwise called into question.” Hamilton v. Lyons, 74 F.3d 99, 102 (5th Cir. 1996). A complaint fails to state a claim upon which relief may be granted when it fails to plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007); accord Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). To avoid dismissal for failure to state a claim, plaintiffs must allege facts sufficient to “raise the right to relief above the speculative level.”Twombly, 550 U.S. at 555. Mere “labels and conclusions” or a “formulaic recitation of the elements of a cause of action” do not suffice to state a claim upon which relief may be granted. Id. III. ANALYSIS
As noted, these plaintiffs assert claims for monetary damages and other relief against individual defendants, and the Court will later screen and consider the viability of those claims. The plaintiffs also seek immediate compassionate release or a reduction in sentence due to exposure to COVID-19. Am. Complaints (emphasis added). The Court notes that a compassionate release reduction or modification of sentence is provided for in 18 U.S.C. § 3582(c)(1)(A). The Fifth Circuit has found that a district court, other than the sentencing court, lacks jurisdiction to consider a § 3582(c) motion to reduce sentence. See Landazuri v. Hall, 423 F. App’x 475, 2011 WL 1659572, at *1 (5th Cir. April 28, 2011) (“Because
5

Case 4:20-cv-00807-P Document 38 Filed 12/22/20 Page 6 of 7 PageID 743
Landazuri did not file this [§ 3582(c)] challenge to his sentence in the court in which he was sentenced, the district court ruled correctly that it lacked jurisdiction to consider it.”); see also Clark v. Upton, Et Al., No. 4:19-cv-064-A (N.D. Tex. Feb. 22, 2019) (“Inasmuch as the court is to consider the factors set forth in 18 U.S.C. § 3552(a) in making a determination of the kind Clark seeks [compassionate release under § 3582(c)(1)(A)] , the court finds that the sentencing court would be more appropriately suited to make the decision on Clark’s motion.”). Thus, to the extent these plaintiffs have incorporated a request or motion for a modification of sentence under 18 U.S.C. § 3582(c)(1)(A) based upon the COVID-19 pandemic, such requests must be dismissed without prejudice to each plaintiff’s right to seek such relief in their respective sentencing court. IV. ORDER
It is ORDERED that the STAY previously issued in these cases is LIFTED. It is further ORDERED that all of the plaintiffs’ motions/requests for compassionate release in these cases, construed as motions/requests for modification of sentence under 18 U.S.C. § 3582(c)(1)(A), are DISMISSED for lack of jurisdiction without prejudice to any such Plaintiff seeking relief in her sentencing court.1
1 The Court notes that three of the plaintiffs— Tesa Keith (BOP No. 58769-177 -- criminal case number 6:19-CR-020-P), Christina Juarez (BOP No. 48416-177 – criminal case number 4: 14-CR-150-O) and Elva Sofia Ibarra (BOP No. 48282-177 – criminal case number 3:14CR-210-D)— were convicted in the Northern District of Texas. The claims for immediate release or for modification of sentence of these three plaintiffs’ are DISMISSED without prejudice to seeking such relief through the filing of a motion to reduce sentence in their underlying criminal case.
6

Case 4:20-cv-00807-P Document 38 Filed 12/22/20 Page 7 of 7 PageID 744 SO ORDERED this 22nd day of December, 2020. ______________________________ Mark T. Pittman UNITED STATES DISTRICT JUDGE
7

 
 Case 4:20-cv-00807-P Document 39 Filed 12/22/20 Page 1 of 3 PageID 745

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

FAITH BLAKE, (No. 73053-279),
TIFFANY SNODGRASS, (No. 20160-043),
BARBARA CARNNAHAN, (No. 281221-045),
SHELLY MIXON, (No. 12079-480),
PEGGY CHAFFIN, (No.70653-061),
VICTORIA MARTINEZ, (No. 77453-479),
ARIEL BISHOP, (No. 27411-009),
BRANDI MOORE, (No. 37492-480),
STEPHANIE WALKER, (No. 27266-078),
GEORGIA GREGG, (No. 09223-479),
GENESIS GONZALEZ, (No. 19703-480),
JULIANA LOURDE, (No. 28023-078),
LAURA SHAUGER, (No. 68517-066),
SAMANTHA FORSYTHE, (No. 31158-064),
WENDY ESPINOZA, (No. 12293-010),
AMY ROBERTSON,

§ § Civil Action No. 4:20-CV-807-P § § § Civil Action No. 4:20-CV-852-P § § § Civil Action No. 4:20-CV-853-P § § § Civil Action No. 4:20-CV-854-P § § § Civil Action No. 4:20-CV-856-P § § § Civil Action No. 4:20-CV-858-P § § § Civil Action No. 4:20-CV-871-P § § § Civil Action No. 4:20-CV-873-P § § § Civil Action No. 4:20-CV-879-P § § § Civil Action No. 4:20-CV-880-P § § § Civil Action No. 4:20-CV-881-P § § § Civil Action No. 4:20-CV-882-P § § § Civil Action No. 4:20-CV-890-P § § § Civil Action No. 4:20-CV-891-P § § § Civil Action No. 4:20-CV-898-P § §

Case 4:20-cv-00807-P Document 39 Filed 12/22/20 Page 2 of 3 PageID 746

(No. 12574-028),
CANDICE KLEIN, (No. 26623-078),
CAROLINA MEDELLIN, (No. 98155-051),
VERONICA VALENZUELA, (No. 50918-051),
EUGENIA ROWLAND, (No. 13940-273),
CRYSTAL THOMAS, (No. 27832-078),
LAURA HERNANDEZ, (No. 38575-379),
JESSICA CHRONISTER, (No. 27884-064),
JENNIFER BARELA, (No. 89655-051),
TARA CHILDRESS, (No. 27847-045),
KRISTINA KOEHN, (No. 15271-062),
ROSE MYERS, (No.08419-063)
TAMMY MARIE LATHAM, (No. 38333-479),
ROSE LINDA GANCERES, (No. 12577-479),
FABIOLA SANCHEZ, (No. 85255-280),
KAREN MAE LEE, (No. 57409-380),
MARIA NUNEZ,

§ Civil Action No.4:20-CV-901-P § § § Civil Action No. 4:20-CV-902-P § § § Civil Action No. 4:20-CV-905-P § § § Civil Action No. 4:20-CV-907-P § § § Civil Action No. 4:20-CV-909-P § § § Civil Action No. 4:20-CV-910-P § § § Civil Action No. 4:20-CV-911-P § § § Civil Action No. 4:20-CV-913-P § § § Civil Action No. 4:20-CV-916-P § § § Civil Action No. 4:20-CV-918-P § § § Civil Action No. 4:20-CV-919-P § § § Civil Action No. 4:20-CV-920-P § § § Civil Action No. 4:20-CV-1000-P § § § Civil Action No. 4:20-CV-1044-P § § § Civil Action No. 4:20-CV-1045-P § § § Civil Action No. 4:20-CV-1081-P § §
2

Case 4:20-cv-00807-P Document 39 Filed 12/22/20 Page 3 of 3 PageID 747

(No. 26633-078),

§

§

SYLVIA RODRIGUEZ POBLANO, §

(No. 81880-179),

§

§

CONNIE VELEZ,

§

(No. 33190-045),

§

§

Plaintiffs,

§

vs.

§

§

WARDEN CARR,

§

FMC-Carswell, et al.,

§

Defendants.

§

Civil Action No. 4:20-CV-1095-P Civil Action No. 4:20-CV-1096-P Civil Action No. 4:20-CV-1120-P

FINAL JUDGMENT AS TO SOME CLAIMS UNDER FEDERAL RULE OF CIVIL PROCEDURE 54(B)

This Court, in an Order entered this same date, dismissed one of these plaintiffs’

claims. Each plaintiff has other claims that remain pending before the Court. There is no just

reason for delay of the entry of judgment as to the claim already dismissed; the Court thus

directs the entry of judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.

It is therefore ORDERED, ADJUDGED, and DECREED that plaintiffs’

motions/requests for compassionate release in these cases, construed as motions/requests for

modification of sentence under 18 U.S.C. § 3582(c)(1)(A), are DISMISSED for lack of jurisdiction without prejudice to any such plaintiff seeking relief in her sentencing court.1

SIGNED this 22nd day of December, 2020.

______________________________ Mark T. Pittman UNITED STATES DISTRICT JUDGE
1The Court will subsequently appoint counsel to review and assist the plaintiffs on their remaining claims. Counsel are not appointed for any appeal from these dispositions.
3

 
 Case 4:20-cv-00807-P Document 40 Filed 12/22/20 Page 1 of 6 PageID 748

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

FAITH BLAKE, (No. 73053-279),
TIFFANY SNODGRASS, (No. 20160-043),
BARBARA CARNNAHAN, (No. 281221-045),
SHELLY MIXON, (No. 12079-480),
PEGGY CHAFFIN, (No.70653-061),
VICTORIA MARTINEZ, (No. 77453-479),
ARIEL BISHOP, (No. 27411-009),
BRANDI MOORE, (No. 37492-480),
STEPHANIE WALKER, (No. 27266-078),
GEORGIA GREGG, (No. 09223-479),
GENESIS GONZALEZ, (No. 19703-480),
JULIANA LOURDE, (No. 28023-078),
TESA KEITH, (No. 58769-177),

§ § Civil Action No. 4:20-CV-807-P § § § Civil Action No. 4:20-CV-852-P § § § Civil Action No. 4:20-CV-853-P § § § Civil Action No. 4:20-CV-854-P § § § Civil Action No. 4:20-CV-856-P § § § Civil Action No. 4:20-CV-858-P § § § Civil Action No. 4:20-CV-871-P § § § Civil Action No. 4:20-CV-873-P § § § Civil Action No. 4:20-CV-879-P § § § Civil Action No. 4:20-CV-880-P § § § Civil Action No. 4:20-CV-881-P § § § Civil Action No. 4:20-CV-882-P § § § Civil Action No. 4:20-CV-885-P

Case 4:20-cv-00807-P Document 40 Filed 12/22/20 Page 2 of 6 PageID 749

LAURA SHAUGER, (No. 68517-066),
SAMANTHA FORSYTHE, (No. 31158-064),
WENDY ESPINOZA, (No. 12293-010),
AMY ROBERTSON, (No. 12574-028),
CANDICE KLEIN, (No. 26623-078),
CAROLINA MEDELLIN, (No. 98155-051),
VERONICA VALENZUELA, (No. 50918-051),
CHRISTINA JUAREZ, (No. 48416-177),
EUGENIA ROWLAND, (No. 13940-273),
CRYSTAL THOMAS, (No. 27832-078),
LAURA HERNANDEZ, (No. 38575-379),
JESSICA CHRONISTER, (No. 27884-064),
JENNIFER BARELA, (No. 89655-051),

§ § § Civil Action No. 4:20-CV-890-P § § § Civil Action No. 4:20-CV-891-P § § § Civil Action No. 4:20-CV-898-P § § § Civil Action No.4:20-CV-901-P § § § Civil Action No. 4:20-CV-902-P § § § Civil Action No. 4:20-CV-905-P § § § Civil Action No. 4:20-CV-907-P § § § Civil Action No. 4:20-CV-908-P § § § Civil Action No. 4:20-CV-909-P § § § Civil Action No. 4:20-CV-910-P § § § Civil Action No. 4:20-CV-911-P § § § Civil Action No. 4:20-CV-913-P § § § Civil Action No. 4:20-CV-916-P §
2

Case 4:20-cv-00807-P Document 40 Filed 12/22/20 Page 3 of 6 PageID 750

TARA CHILDRESS,

§

(No. 27847-045),

§

§

KRISTINA KOEHN,

§

(No. 15271-062),

§

§

ROSE MYERS,

§

(No.08419-063)

§

§

TAMMY MARIE LATHAM,

§

(No. 38333-479),

§

§

ROSE LINDA GANCERES,

§

(No. 12577-479),

§

§

FABIOLA SANCHEZ,

§

(No. 85255-280),

§

§

ELVA SOFIA IBARRA,

§

(No. 48282-177),

§

§

KAREN MAE LEE,

§

(No. 57409-380),

§

§

MARIA NUNEZ,

§

(No. 26633-078),

§

§

SYLVIA RODRIGUEZ POBLANO, §

(No. 81880-179),

§

§

CONNIE VELEZ,

§

(No. 33190-045),

§

§

Plaintiffs,

§

vs.

§

§

WARDEN CARR,

§

FMC-Carswell, et al.,

§

Defendants.

§

Civil Action No. 4:20-CV-918-P Civil Action No. 4:20-CV-919-P Civil Action No. 4:20-CV-920-P Civil Action No. 4:20-CV-1000-P Civil Action No. 4:20-CV-1044-P Civil Action No. 4:20-CV-1045-P Civil Action No. 4:20-CV-1052-P Civil Action No. 4:20-CV-1081-P Civil Action No. 4:20-CV-1095-P Civil Action No. 4:20-CV-1096-P Civil Action No. 4:20-CV-1120-P

3

Case 4:20-cv-00807-P Document 40 Filed 12/22/20 Page 4 of 6 PageID 751
ORDER APPOINTING/NAMING COUNSEL FOR PLAINTIFFS and , PROVIDING TIME FOR COUNSEL TO REVIEW AND UPDATE PLEADINGS
All of these pending cases were filed, pro se, by inmates at the Bureau of Prisons’ (BOP) FMC-Carswell facility in Fort Worth, Texas. Each of the plaintiffs has filed the requisite in forma puperis documents1 to maintain their cases under 28 U.S.C. § 1915. As all of the plaintiffs are prisoners proceeding under the in forma pauperis statute, these cases remain subject to the Court’s substantive screening and review authority under both 28 U.S.C. § 1915(e)(2) and § 1915A. Each of the plaintiffs has filed a complaint or amended complaint that includes the same or similar allegations arising from their conditions of confinement at FMC-Carswell during the recent COVID-19 pandemic. By a separate Order issued in these cases, the Court has now dismissed without prejudice, under authority of §§ 1915(e)(2)(B) and 1915A, each plaintiff’s claim related to the service of her respective sentence for lack of jurisdiction.
As to the plaintiffs’ remaining claims in these cases, the Court has determined that it would benefit both the plaintiffs and the Court to appoint counsel. The Court is authorized under the in-forma-pauperis statute to “request an attorney to represent any person unable to afford counsel.” 28 U.S.C. § 1915(e)(1). Thus, in this unique circumstance with numerous inmate plaintiffs asserting similar claims arising from the same operative facts, the Court has
1 In case number 4:20-CV-902-P, inmate plaintiff Candice Klein paid the full filing and administrative fees, but her claims are still subject to the Court’s substantive screening under 28 U.S.C. § 1915A(a).
4

Case 4:20-cv-00807-P Document 40 Filed 12/22/20 Page 5 of 6 PageID 752
concluded that appointment of counsel is necessary. Appointed counsel will assist these plaintiffs’ in the investigation and presentation of their remaining claims. The Court has now located counsel interested in taking the appointment in these cases.
As counsel will now be appointed, the Court also concludes that it is appropriate to provide an extension of time to allow appointed counsel to investigate and prepare amended pleadings on behalf of these plaintiffs.
It is therefore ORDERED that Jay K. Wieser, Edwin M. Buffmire, Paul C. Watler, and Jackson Walker, LLP, 777 Main Street, Suite 2100, Fort Worth, Texas, 76102 are appointed as pro-bono2 counsel for all of these plaintiffs.3 It is further ORDERED that Professor James C. George and the Texas A&M Law School Civil Clinic are also appointed to allow the Clinic’s law students to assist the appointed attorneys in this case in accordance with the applicable Texas Rules of Disciplinary Conduct.
2 The Court notes that 28 U.S.C. § 1915 dose not authorize payment for counsel. The representation of these plaintiffs will thus essentially be pro bono, except for the possibility of appointed counsel entering into a contingent fee agreement with any plaintiff, and/or the possibility of a statutory recovery of attorney’s fees if any plaintiff is ultimately successful on the merits of her claims. The Court will provide appropriate contact information to assist these attorneys in contacting the plaintiffs. 3 Attorneys Wieser, Buffmire, and Watler, and the firm of Jackson Walker, LLP, along with Professor James C. George and the Texas A&M Law School Civil Clinic, are expressly appointed for these pending cases only, and these plaintiffs are expressly directed not to seek or request legal assistance from these attorneys, from other lawyers of Jackson Walker, LLP, or from the Texas A&M Law School Civil Clinic, in the filing of any other civil action or habeas-corpus action, or as to any other matters.
5

Case 4:20-cv-00807-P Document 40 Filed 12/22/20 Page 6 of 6 PageID 753 It is further ORDERED that appointed counsel shall, by no later than April 1, 2021,
file updated pleadings, either by filing a First Amended Complaint in each of these separate cases, or if appointed counsel determines it is appropriate under the facts and law applicable to these cases, by filing a motion to consolidate with a consolidated First Amended Complaint.
SO ORDERED this 22nd day of December, 2020. ______________________________ Mark T. Pittman UNITED STATES DISTRICT JUDGE
6

 
 Case 4:20-cv-00807-P Document 47 Filed 04/23/21 Page 1 of 38 PageID 896

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

FAITH BLAKE, (No. 73053-279),
TIFFANY SNODGRASS, (No. 20160-043),
BARBARA CARNNAHAN, (No. 28121-045),
SHELLY MIXON, (No. 12079-480),
PEGGY CHAFFIN, (No. 70653-061),
VICTORIA MARTINEZ, (No. 77453-479),
ARIEL BISHOP, (No. 27411-009),
BRANDI MOORE, (No. 37492-480),
STEPHANIE WALKER, (No. 27266-078),
GEORGIA GREGG, (No. 09223-479),
GENESIS GONZALEZ, (No. 19703-480),
JULIANA LOURDE, (No. 28023-078),
TESA KEITH, (No. 58769-177),
LAURA SHAUGER, (No. 68517-066),

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Civil Action No. 4:20-CV-807-P

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Civil Action No. 4:20-CV-852-P

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Civil Action No. 4:20-CV-853-P

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Civil Action No. 4:20-CV-854-P

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Civil Action No. 4:20-CV-856-P

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Civil Action No. 4:20-CV-858-P

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Civil Action No. 4:20-CV-871-P

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Civil Action No. 4:20-CV-873-P

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Civil Action No. 4:20-CV-879-P

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Civil Action No. 4:20-CV-880-P

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Civil Action No. 4:20-CV-881-P

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Civil Action No. 4:20-CV-882-P

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Civil Action No. 4:20-CV-885-P

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Civil Action No. 4:20-CV-890-P

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PLAINTIFFS’ AMENDED MOTION TO CONSOLIDATE

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Case 4:20-cv-00807-P Document 47 Filed 04/23/21 Page 2 of 38 PageID 897

SAMANTHA FORSYTHE, (No. 31158-064),
WENDY ESPINOZA, (No. 12293-010),
AMY ROBERTSON, (No. 12574-028),
CANDICE KLEIN, (No. 26623-078),
CAROLINA MEDELLIN, (No. 98155-051),
VERONICA VALENZUELA, (No. 50918-051),
CHRISTINA JUAREZ, (No. 48416-177),
EUGENIA ROWLAND, (No. 13940-273),
CRYSTAL THOMAS, (No. 27832-078),
LAURA HERNANDEZ, (No. 38575-379),
JESSICA CHRONISTER, (No. 27884-064),
JENNIFER BARELA, (No. 89655-051),
TARA CHILDRESS, (No. 27847-045),
KRISTINA KOEHN, (No. 15271-062),
ROSE MYERS, (No. 08419-063)

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Civil Action No. 4:20-CV-891-P

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Civil Action No. 4:20-CV-898-P

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Civil Action No. 4:20-CV-901-P

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Civil Action No. 4:20-CV-902-P

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Civil Action No. 4:20-CV-905-P

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Civil Action No. 4:20-CV-907-P

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Civil Action No. 4:20-CV-908-P

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Civil Action No. 4:20-CV-909-P

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Civil Action No. 4:20-CV-910-P

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Civil Action No. 4:20-CV-911-P

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Civil Action No. 4:20-CV-913-P

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Civil Action No. 4:20-CV-916-P

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Civil Action No. 4:20-CV-918-P

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Civil Action No. 4:20-CV-919-P

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Civil Action No. 4:20-CV-920-P

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PLAINTIFFS’ AMENDED MOTION TO CONSOLIDATE

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TAMMY MARIE LATHAM,

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(No. 38333-479),

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ROSE LINDA GANCERES,

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(No. 12577-479),

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FABIOLA SANCHEZ,

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(No. 85255-280),

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ELVA SOFIA IBARRA,

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(No. 48282-177),

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KAREN MAE LEE,

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(No. 57409-380),

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MARIA NUNEZ,

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(No. 26633-078),

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SYLVIA RODRIGUEZ POBLANO,

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(No. 81880-179),

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CONNIE VELEZ,

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(No. 33190-045),

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Plaintiffs,

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vs.

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MICHAEL CARR, In His Official

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Capacity, THE FEDERAL BUREAU OF §

PRISONS, and UNKNOWN

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DEFENDANTS,

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Defendants.

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Civil Action No. 4:20-CV-1000-P Civil Action No. 4:20-CV-1044-P Civil Action No. 4:20-CV-1045-P Civil Action No. 4:20-CV-1052-P Civil Action No. 4:20-CV-1081-P Civil Action No. 4:20-CV-1095-P Civil Action No. 4:20-CV-1096-P Civil Action No. 4:20-CV-1120-P

PLAINTIFFS’ AMENDED MOTION TO CONSOLIDATE

TO THE HONORABLE COURT:

Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure and Local Civil Rule 42.1,

Plaintiffs Faith Blake, Shelly Mixon, Stephanie Walker, Tiffany Snodgrass, Peggy Chaffin,

Victoria Martinez, Ariel Bishop, Genesis Gonzalez, Georgia Gregg, Tesa Keith, Laura Shauger,

Candice Klein, Christina Juarez, Eugenia Rowland, Jessica Chronister, Jennifer Barela, Tara

PLAINTIFFS’ AMENDED MOTION TO CONSOLIDATE

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Childress, Kristina Koehn, Rose Meyers, Fabiola Sanchez, Elva Sofia Ibarra, Marie Nunez, Sylvia Rodriguez Poblano, Connie Velez, Amy Robertson, Brandi Moore, Samantha Forsythe, Crystal Thomas, Juliana Lourde, Veronica Valenzuela, Carolina Medellin, Karen Mae Lee and Wendy Espinoza (collectively, “Plaintiffs”) file this Amended1 Motion to Consolidate (“Motion”) and hereby move the Court for an order consolidating their respective Civil Action Numbers, listed below, into Civil Action No. 4:20-cv-00854-P, and accepting their Consolidated Complaint:
 Faith Blake v. Warden Carr, et al.; Civil Action No. 4:20-CV-807-P;  Tiffany Snodgrass v. Warden Carr, et al.; Civil Action No. 4:20-CV-852-P;  Shelly Mixon v. Warden Carr, et al.; Civil Action No. 4:20-CV-854-P;  Peggy Chaffin v. Warden Carr, et al.; Civil Action No. 4:20-CV-856-P;  Victoria Martinez v. Warden Carr, et al.; Civil Action No. 4:20-CV-858-P;  Ariel Bishop v. Warden Carr, et al.; Civil Action No. 4:20-CV-871-P;  Stephanie Walker v. Warden Carr, et al.; Civil Action No. 4:20-CV-879-P  Georgia Gregg v. Warden Carr, et al.; Civil Action No. 4:20-CV-880-P;  Genesis Gonzalez v. Warden Carr, et al.; Civil Action No. 4:20-CV-881-P;  Tesa Keith v. Warden Carr, et al.; Civil Action No. 4:20-CV-885-P;  Laura Shauger v. Warden Carr, et al.; Civil Action No. 4:20-CV-890-P;  Candice Klein v. Warden Carr, et al.; Civil Action No. 4:20-CV-902-P;

1 Since the previous filing of the Original Motion to Consolidate, the undersigned attorneys received signed engagement letters from Amy Robertson (Inmate No. 12574-028), Brandi Moore (Inmate No. 37492-480), Samantha Forsythe (Inmate No. 31158-064), Crystal Thomas (Inmate No. 27832-078), Juliana Lourde (Inmate No. 28023-078), Veronica Valenzuela (Inmate No. 50918-051), Carolina Medellin (Inmate No. 98155-051) and Wendy Espinoza (Inmate No. 12293-010). The undersigned attorneys have not received a signed engagement letter from Karen Mae Lee (Inmate No. 57409-380), but understand that she has had difficulty sending mail from Carswell and has requested representation. Accordingly, the undersigned attorneys file this Amended Motion to Consolidate to include such inmates. Counsel informs the Court that they did not receive a response from Rose Linda Ganceres (Inmate No. 12577479). Further, the BOP Inmate database indicates that Laura Hernandez (Inmate No. 38575-379) was released from Carswell on November 27, 2020; Tammy Latham (Inmate No. 38333-479) has also been released from Carswell; and Barbara Carnnahan (Inmate No. 28121-045) signed an engagement letter but has been transferred to a different prison.

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 Christina Juarez v. Warden Carr, et al.; Civil Action No. 4:20-CV-908-P;  Eugenia Rowland v. Warden Carr, et al.; Civil Action No. 4:20-CV-909-P;  Jessica Chronister v. Warden Carr, et al.; Civil Action No. 4:20-CV-913-P;  Jennifer Barela v. Warden Carr, et al.; Civil Action No. 4:20-CV-916-P;  Tara Childress v. Warden Carr, et al.; Civil Action No. 4:20-CV-918-P;  Kristina Koehn v. Warden Carr, et al.; Civil Action No. 4:20-CV-919-P;  Rose Myers v. Warden Carr, et al.; Civil Action No. 4:20-CV-920-P;  Fabiola Sanchez v. Warden Carr, et al.; Civil Action No. 4:20-CV-1045-P;  Elva Sofia Ibarra v. Warden Carr, et al.; Civil Action No. 4:20-CV-1052-P;  Maria Nunez v. Warden Carr, et al.; Civil Action No. 4:20-CV-1095-P;  Sylvia Rodriguez Poblano v. Warden Carr, et al.; Civil Action No. 4:20-CV-1096-
P;  Connie Velez v. Warden Carr, et al.; Civil Action No. 4:20-CV-1120-P;  Wendy Espinoza v. Warden Carr, et al.; Civil Action No. 4:20-CV-898-P;  Amy Robertson v. Warden Carr, et al.; Civil Action No. 4:20-CV-901-P;  Brandi Moore v. Warden Carr, et al.; Civil Action No. 4:20-CV-873-P;  Samantha Forsythe v. Warden Carr, et al.; Civil Action No. 4:20-CV-891-P;  Crystal Thomas v. Warden Carr, et al.; Civil Action No. 4:20-CV-910-P;  Juliana Lourde v. Warden Carr, et al.; Civil Action No. 4:20-CV-882-P;  Veronica Valenzuela v. Warden Carr, et al.; Civil Action No. 4:20-CV-907-P;  Karen Mae Lee v. Warden Carr, et al.; Civil Action No. 4:20-CV-1081-P; and  Carolina Medellin v. Warden Carr, et al.; Civil Action No. 4:20-CV-905-P. In support of this Motion, Plaintiffs respectfully show the Court as follows:

PLAINTIFFS’ AMENDED MOTION TO CONSOLIDATE

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I. BACKGROUND 1. On or around August 3, 2020, Plaintiffs, along with several other inmates, collectively filed a Complaint against Defendants Warden Carr et al., in cause number 4:20-CV807-P, challenging the constitutionality of the conditions of their confinement at the Bureau of Prisons (“BOP”) FMC-Carswell Facility located in Fort Worth, Texas (“Carswell”). 2. On or around August 11, 2020, this Court severed all of the inmates’ claims, including Plaintiffs’ claims, into separate cause numbers and ordered that they each: (1) pay the filing fee, and (2) file an Amended Complaint setting forth her specific claims, within 20 days of the date of the Order. Separate cause numbers, including those referenced above, were assigned to each inmate pursuant to the Court’s Order. 3. In accordance with the Court’s Order, each inmate, including all of the Plaintiffs listed above, paid her filing fee and/or filed an Application to Proceed in Forma Pauperis, and filed an Amended Complaint in her individual cause number, claiming, among other things, that the current conditions at Carswell constitute a deliberate indifference to their health, safety, and medical needs, thereby constituting a violation of the Eighth Amendment to the United States Constitution. As to those inmates who did not comply with the Court’s Order, the Court dismissed their cases without prejudice. 4. Subsequently, this Court issued an Order on December 22, 2020, determining that appointment of the undersigned attorneys was necessary to “assist these [P]laintiffs’ in the investigation and presentation of their [] claims,” due to the “unique circumstance with numerous inmate plaintiffs asserting similar claims arising from the same operative facts.” The Court’s Order further appointed Professor James C. George and the Texas A&M Law School Civil Clinic to

PLAINTIFFS’ AMENDED MOTION TO CONSOLIDATE

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assist the appointed attorneys in the case in accordance with the applicable Texas Rules of Disciplinary Conduct.
5. Per the Court’s Order, appointed counsel were ordered to file either a separate amended complaint in each of the separate cases, or, alternatively, a motion to consolidate along with a consolidated First Amended Complaint for Plaintiffs.
6. Out of all of the inmates listed in the Court’s December 22, 2020 Order, only 32 retained the services of the undersigned attorneys to represent them in their claims. Accordingly, this Motion is filed only on behalf of those Plaintiffs named in the opening paragraph above.2
II. ARGUMENTS & AUTHORITIES 7. Federal Rule of Civil Procedure 42(a) permits the Court to consolidate actions that involve a common question of fact. Specifically, Rule 42(a) provides that “[i]f actions before the court involve a common question of law or fact, the court may: (1) join for hearing or trial any or all matters at issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary cost or delay.” FED. R. CIV. P. 42(a). Consolidation is appropriate when it will avoid unnecessary costs or delay without prejudicing the rights of the parties. See Mills v. Beech Aircraft Corp., 886 F.2d 758, 761–62 (5th Cir. 1989); see also Bristol-Myers Squibb Co. v. Safety Nat. Cas. Corp., 43 F. Supp. 2d 734, 745 (E.D. Tex. 1999) (“The purpose of consolidation is to enhance efficiency and avoid the substantial danger of inconsistent adjudications. A court has discretion to consolidate, and this decision is premised on a balancing test that weighs the saving of time and

2 After conducting a preliminary analysis and investigation of each inmate’s respective claims, the undersigned attorneys contacted each inmate listed in the Court’s December 22, 2020 Order via separate letters to ask whether the inmates accepted counsel’s representation in this lawsuit. Upon information and belief, some of the inmates did not receive the undersigned attorneys’ correspondence, despite proper labeling in accordance with the BOP rules regarding legal mail. As such, there is a chance that some of the inmates included in this Court’s Order did not receive the undersigned attorneys’ legal mail regarding their representation and thus, were not given an opportunity to accept representation. Due to the legal and ethical complications involved, the undersigned attorneys only file this Amended Motion to Consolidate on behalf of those inmates that have affirmatively accepted the representation.

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effort versus inconvenience, delay or expense.”). “In weighing whether to consolidate actions, courts generally consider factors such as (1) whether the actions are pending before the same court; (2) whether the actions involve a common party; (3) any risk of prejudice or confusion from consolidation; (4) the risk of inconsistent adjudications of common factual or legal questions if the matters are tried separately; (5) whether consolidation will reduce the time and cost of trying the cases separately; and (6) whether the cases are at the same stage of preparation for trial.” RTIC Drinkware, LLC v. YETI Coolers, LLC, No. 1:16-CV-907-RP, 2017 WL 5244173, at *2 (W.D. Tex. Jan. 18, 2017). Courts have broad discretion to decide whether cases should be consolidated. Mills., 886 F.2d at 761; see also Frazier v. Garrison I.S.D., 980 F.2d 1514, 1531 (5th Cir. 1993) (same). As established herein, Plaintiffs collectively claim that Defendants’ failure to make reasonable accommodations for their health needs in light of COVID-19, coupled with the current conditions at Carswell, constitute a deliberate indifference to their health, safety, and medical needs, thereby establishing violations of the Eighth Amendment to the United States Constitution and Section 504 of the Rehabilitation Act.
8. Each Plaintiff’s lawsuit (1) is pending before this Court; (2) involves the same defendants; (3) runs the risk inconsistent adjudications of common factual and legal questions if tried separately; and (4) is at the same stage of preparation for trial. As such, consolidating Plaintiffs’ actions would not only reduce time and costs of trying their cases separately, but it would conserve judicial resources and maximized the efficiency of litigation. Indeed, as the Court noted in its December 22, 2020 Order, Plaintiffs’ claims arise “from the same operative facts” in that they all arise out of and relate to the unconstitutional conditions at FMC. Accordingly, all of the facts and evidence in this case weighs in favor of consolidation.

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9. Therefore, Plaintiffs request that their individual cases, as set forth above, be consolidated into 4:20-cv-00854-P, and that their Consolidated Complaint attached hereto as Exhibit A, be deemed as filed with the Court in such cause. None of the parties will be unfairly burdened by consolidation.
10. A proposed order granting Plaintiffs’ Motion and deeming Plaintiffs’ Consolidated Complaint filed as of the date of the order granting Plaintiffs’ Motion will be provided to the Court.
III. CONCLUSION For the foregoing reasons, Plaintiffs respectfully request that the Court grant their Amended Motion to Consolidate and enter an order consolidating the above captioned actions with cause number No. 4:20-cv-00854-P, and deeming their Consolidated Complaint filed as of the date of the Order granting Plaintiffs’ Amended Motion to Consolidate.

PLAINTIFFS’ AMENDED MOTION TO CONSOLIDATE

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Respectfully submitted,
By: /s/ Lauren Zang Edwin Buffmire State Bar No. 24078283 ebuffmire@jw.com Jay K. Wieser State Bar No. 24060826 jwieser@jw.com Lindsey Marsh Brown State Bar No. 24087977 lbrown@jw.com Gracie Garcia State Bar No. 24093931 ggarcia@jw.com Lauren Zang State Bar No. 24110768 lzang@jw.com Lauren Ceckowski State Bar No. 24111231 lceckowski@jw.com
JACKSON WALKER LLP 2323 Ross Avenue Suite 600 Dallas, Texas 75201 (214) 953-6000 (214) 953-5822 – Fax
James P. George State Bar No. 07805435 pgeorge@law.tamu.edu Texas A&M University School of Law / Legal Clinic 1515 Commerce Street Fort Worth, Texas 76102 (817) 212-4120
ATTORNEYS FOR PLAINTIFFS

PLAINTIFFS’ AMENDED MOTION TO CONSOLIDATE

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CERTIFICATE OF CONFERENCE The undersigned attorney conferred with Brian Stoltz, an attorney with the U.S. Attorney’s Office, regarding the relief requested in this Motion. Mr. Stoltz responded that the U.S. Attorney’s Office has no opposition to the relief sought in this Motion.
/s/ Lindsey Marsh Brown Lindsey Marsh Brown
28269983

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EXHIBIT A

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

FAITH BLAKE (No. 73053-279), et al.,
Plaintiffs,
vs.
MICHAEL CARR, In His Official Capacity, THE FEDERAL BUREAU OF PRISONS, and UNKNOWN DEFENDANTS,
Defendants.

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Civil Action No. 4:20-CV-00854-P

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§ (Civil Action Nos. 4:20-CV-00807-P; 4:20-

§ CV-00852-P; 4:20-CV-00854-P; 4:20-CV-

§ 00856-P; 4:20-CV-00858-P; 4:20-CV-

§ 00871-P; 4:20-CV-00879-P; 4:20-CV-

§ 00880-P; 4:20-CV-008881-P; 4:20-CV-

§ 00885-P; 4:20-CV-00890-P; 4:20-CV-

§ 00902-P; 4:20-CV-00908-P; 4:20-CV-

§ 00909-P; 4:20-CV-00913-P; 4:20-CV-

§ 00916-P; 4:20-CV-00918-P; 4:20-CV-

§ 00919-P; 4:20-CV-00920-P; 4:20-CV-

§ 01045-P; 4:20-CV-01052-P; 4:20-CV-

§ 01095-P; 4:20-CV-01096-P; 4:20-CV-

§ 01120-P; 4:20-CV-00898-P; 4:20-CV-

§ 00910-P; 4:20-CV-00873-P; 4:20-CV-

§ 00891-P; 4:20-CV-00910-P; 4:20-CV-

§ 00882-P; 4:20-CV-00907-P; 4:20-CV-

§ 00905-P; 4:20-CV-1081-P Consolidated

§ into Civil Action No. 4:20-CV-00854-P)

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PLAINTIFFS’ CONSOLIDATED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF TO THE HONORABLE COURT: Pursuant to the Court’s Order dated December 22, 2020, Plaintiffs Faith Blake, Shelly Mixon, Stephanie Walker, Tiffany Snodgrass, Peggy Chaffin, Victoria Martinez, Ariel Bishop, Genesis Gonzalez, Georgia Gregg, Tesa Keith, Laura Shauger, Candice Klein, Christina Juarez, Eugenia Rowland, Jessica Chronister, Jennifer Barela, Tara Childress, Kristina Koehn, Rose Meyers, Fabiola Sanchez, Elva Sofia Ibarra, Marie Nunez, Sylvia Rodriguez Poblano, Connie Velez, Amy Robertson, Brandi Moore, Samantha Forsythe, Crystal Thomas, Juliana Lourde, Veronica Valenzuela, Carolina Medellin, Karen Mae Lee and Wendy Espinoza (collectively,

PLAINTIFFS’ CONSOLIDATED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

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“Plaintiffs”) file this Consolidated Complaint For Injunctive And Declaratory Relief against Defendants Michael Carr, In His Official Capacity, The Federal Bureau of Prisons, and Unknown Defendants (collectively, “Defendants”), and, in support thereof, respectfully show the Court as follows:
INTRODUCTION 1. Plaintiffs, who are inmates at the Bureau of Prisons’ Federal Medical Center Carswell facility located in Fort Worth, Texas, seek injunctive relief against Defendants as a result of inadequate and dangerous conditions related to COVID-19 and record-breaking low temperatures at Carswell. By way of example, 725 women out of 1,304 total inmates at Carswell have been infected with COVID-19, and six of those women died. Carswell is suffering once again from a widespread outbreak at its facility, with currently 153 inmates testing positive for COVID19. As explained herein, Defendants have been deliberately indifferent to Plaintiffs’ Constitutional rights by, among other things,
 Refusing to provide COVID-19 testing in an effort to “reduce” the confirmed cases;  Failing to provide immediate and/or adequate medical care to them when they
complained of symptoms and/or pains;  Failing to adopt and implement policies and procedures to prevent and mitigate the
spread of COVID-19 remotely consistent with Center for Disease Control guidelines;  Imposing further harm and mental/physical stress through forced moves from housing unit to housing unit, increasing the risk of exposure;  Forcing Plaintiffs into extremely crowed situations, such as town hall meetings, long meal lines, etc., eliminating their ability to maintain social distancing;

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 Failing to provide proper personal protective equipment;  Issuing blanket denials of compassionate release/home confinement requests by
applying incorrect guidelines that conflict with the expressed policies of the Department of Justice; and  Failing to provide proper heating systems during the all-time record-breaking low temperatures that hit Texas on February 16, 2021. 2. Defendants have also refused to treat and care for other medical conditions that Plaintiffs suffer from, resulting in a violation of the of Section 504 of the Rehabilitation Act. 3. Accordingly, Plaintiffs request immediate relief to help correct these issues and prevent further irreparable harm.
JURISDICTION AND VENUE 4. This Court has jurisdiction pursuant to 28 U.S.C. § 1331, which confers original jurisdiction upon this Court for actions arising under the Eighth Amendment of the United States Constitution, and the laws of the United States. 5. Venue is proper pursuant to 28 U.S.C. § 1391(e)(1)(B) because a substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in this district.1
PARTIES 6. Plaintiff Faith Blake – Inmate No. 76053-279 – has been incarcerated at Carswell at all relevant times. 7. Plaintiff Shelly Mixon – Inmate No. 12079-480 – has been incarcerated at Carswell at all relevant times.

1 “A civil action in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority . . . may, except as otherwise provided by law, be brought in any judicial district in which . . . a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated.” 28 U.S.C. § 1391(e)(1)(B).

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8. Plaintiff Stephanie Walker – Inmate No. 27266-078 – has been incarcerated at Carswell at all relevant times.
9. Plaintiff Tiffany Snodgrass – Inmate No. 20160-043 – has been incarcerated at Carswell at all relevant times.
10. Plaintiff Peggy Chaffin – Inmate No. 70653-061 – has been incarcerated at Carswell at all relevant times.
11. Plaintiff Victoria Martinez – Inmate No. 74453-479 – has been incarcerated at Carswell at all relevant times.
12. Plaintiff Ariel Bishop – Inmate No. 27411-009 – has been incarcerated at Carswell at all relevant times.
13. Plaintiff Genesis Gonzalez – Inmate No. 19703-480 – has been incarcerated at Carswell at all relevant times.
14. Plaintiff Georgia Gregg – Inmate No. 09223-479 – has been incarcerated at Carswell at all relevant times.
15. Plaintiff Tesa Keith – Inmate No. 58769-177 – has been incarcerated at Carswell at all relevant times.
16. Plaintiff Laura Shauger – Inmate No. 68517-066 – has been incarcerated at Carswell at all relevant times.
17. Plaintiff Christina Juarez – Inmate No. 48416-177 – has been incarcerated at Carswell at all relevant times.
18. Plaintiff Eugenia Rowland – Inmate No. 13940-273 – has been incarcerated at Carswell at all relevant times.

PLAINTIFFS’ CONSOLIDATED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

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19. Plaintiff Jessica Chronister – Inmate No. 27884-064 – has been incarcerated at Carswell at all relevant times.
20. Plaintiff Jennifer Barela – Inmate No. 89655-051 – has been incarcerated at Carswell at all relevant times.
21. Plaintiff Tara Childress – Inmate No. 27847-045 – has been incarcerated at Carswell at all relevant times.
22. Plaintiff Rose Meyers – Inmate No. 08419-063 – has been incarcerated at Carswell at all relevant times.
23. Plaintiff Fabiola Sanchez – Inmate No. 85255-280 – has been incarcerated at Carswell at all relevant times.
24. Plaintiff Elva Sofia Ibarra – Inmate No. 48282-177 – has been incarcerated at Carswell at all relevant times.
25. Plaintiff Marie Nunez – Inmate No. 26633-078 – has been incarcerated at Carswell at all relevant times.
26. Plaintiff Sylvia Rodriguez Poblano – Inmate No. 81880-179 – has been incarcerated at Carswell at all relevant times.
27. Plaintiff Connie Velez – Inmate No. 33190-145 – has been incarcerated at Carswell at all relevant times.
28. Plaintiff Amy Robertson – Inmate No. 12574-028 – has been incarcerated at Carswell at all relevant times.
29. Plaintiff Brandi Moore – Inmate No. 37492-480 – has been incarcerated at Carswell at all relevant times.

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30. Plaintiff Samantha Forsythe – Inmate No. 31158-064 – has been incarcerated at Carswell at all relevant times.
31. Plaintiff Crystal Thomas – Inmate No. 27832-078 – has been incarcerated at Carswell at all relevant times.
32. Plaintiff Juliana Lourde – Inmate No. 28023-078 – has been incarcerated at Carswell at all relevant times.
33. Plaintiff Veronica Valenzuela – Inmate No. 50918-051 – has been incarcerated at Carswell at all relevant times.
34. Plaintiff Karen Mae Lee – Inmate No. 57409-380 – has been incarcerated at Carswell at all relevant times.
35. Plaintiff Wendy Espinoza – Inmate No. 12293-010 – has been incarcerated at Carswell at all relevant times.
36. Defendant Michael Carr is the Warden of the Federal Medical Center Carswell. Defendant Carr may be served with the summons and complaint through the U.S. Attorney Prerak Shah, Burnett Plaza Suite 1700, 801 Cherry Street, Unit #4, Fort Worth, Texas 76102-6882. A copy of the summons and complaint will also be sent by certified mail to Defendant Carr at FMC Carswell, Federal Medical Center, P.O. Box 27066, Fort Worth, Texas 76127.
37. Defendant The Federal Bureau of Prisons (hereinafter “BOP”) is a United States federal law enforcement agency under the Department of Justice responsible for the care, custody, and control of incarcerated individuals. Defendant BOP may be served with the summons and complaint through the U.S. Attorney Prerak Shah, Burnett Plaza Suite 1700, 801 Cherry Street, Unit #4, Fort Worth, Texas 76102-6882. A copy of the summons and complaint will also be sent by certified mail to Defendant BOP at 320 First St., NW, Washington, DC 20534.

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38. This Complaint will be amended once the actual names and descriptions of currently Unknown Defendants are discovered.
FACTUAL ALLEGATIONS I. COVID-19 Is a Dangerous, Contagious Illness that Poses a Significant Risk of Serious
Illness and Death. 39. COVID-19 is a deadly and highly contagious disease caused by a novel coronavirus.2 COVID-19 spreads easily from person to person through respiratory droplets and close personal contact.3 People who are asymptomatic can unknowingly transmit the virus, making its spread particularly difficult to slow.4 40. As of February 8, 2021, there have been more than 106 million confirmed cases of COVID-19, and more than 2.3 million related deaths.5 More than 27 million of these cases and more than 460,000 deaths were in the United States.6 The mortality rate for COVID-19 in the United States by population equates to about 141 deaths per every 100,000 people.7 41. All people, regardless of age or health, risk serious illness and even death from COVID-19.8 The case fatality rate can be significantly higher depending on the presence of certain demographic and health factors. The rate varies significantly with advancing age, with older adults

2 On March 11, 2020, the World Health Organization (“WHO”) classified COVID-19 as a pandemic. WHO
Characterizes COVID-19 as a Pandemic, WORLD HEALTH ORGANIZATION (Mar. 11, 2020), https://bit.ly/2W8dwpS
(last visited Feb. 8, 2021). 3 How COVID-19 Spreads, CTRS FOR DISEASE CONTROL AND PREVENTION (Oct. 28, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covid-spreads.html. 4 Id. 5 COVID-19 Dashboard, supra note 1. 6 Id. 7 Mortality Analyses, JOHNS HOPKINS UNIVERSITY OF MEDICINE, https://coronavirus.jhu.edu/data/mortality (last
updated Feb. 8, 2021). 8 Assessing Risk Factors, CTRS FOR DISEASE CONTROL AND PREVENTION (last updated Nov. 20, 2020),
https://www.cdc.gov/coronavirus/2019-ncov/covid-data/investigations-discovery/assessing-risk-factors.html.

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at highest risk.9 Adults of any age with certain pre-existing medical conditions are at increased risk.10
42. According to the CDC, people aged 50-64 who develop COVID-19 are four times more likely to be hospitalized than 18 to 29-year-olds, and 30 times more likely to die.11 People aged 65 to 74 are five times more likely to be hospitalized than 18 to 29-year-olds and 90 times more likely to die.12
43. People of all ages face higher risk of hospitalization and death if they have underlying medical conditions, including cancer, diabetes, chronic obstructive pulmonary disease (“COPD”), moderate to severe asthma, serious heart conditions (such as heart failure or coronary artery disease), obesity, chronic kidney disease, or compromised immune systems (such as from a solid organ transplant, blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids or other immune weakening medicines), sickle cell disease, stroke, cerebrovascular disease, cystic fibrosis, hypertension, neurologic conditions (such as dementia, liver disease, or pulmonary fibrosis), current or former smoking, and thalassemia.13
44. Serious complications from COVID-19 can develop rapidly. Some individuals can show symptoms of the infection as early as two days from the date of exposure, and their conditions

9 Older Adults, CTRS FOR DISEASE CONTROL AND PREVENTION (last updated Dec. 13, 2020) https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/older-adults.html. 10 People with Certain Medical Conditions, CTRS FOR DISEASE CONTROL AND PREVENTION (last updated Feb. 3, 2021), https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medicalconditions.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fneedextra-precautions%2Fgroups-at-higher-risk.html. 11 COVID-19 Hospitalization and Death by Age, CTRS FOR DISEASE CONTROL AND PREVENTION (last updated Aug. 18, 2020), https://www.cdc.gov/coronavirus/2019-ncov/covid-data/investigations-discovery/hospitalization-deathby-age.html. 12 Id. 13 People with Certain Medical Conditions, CTRS FOR DISEASE CONTROL AND PREVENTION (last updated Feb. 3, 2021), https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medicalconditions.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fneedextra-precautions%2Fgroups-at-higher-risk.html.

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can seriously deteriorate in less than five days.14 For some, the symptoms can be so severe that they often require advanced medical support, including specialized equipment, such as ventilators and large teams of highly trained care providers such as ICU doctors, nurses, and respiratory therapists. The artificial ventilation process is itself invasive and dangerous, and some patients must be placed in medically induced comas for such treatment.15
45. Even for those that are lucky enough to survive the virus, the lingering effects of the virus can be devastating, with some suffering severe long lasting medical problems such as damage to lung tissue, including permanent loss of respiratory capacity, and damage to other vital organs, such as the heart, central nervous system, and liver.16 II. The Risk From COVID-19 is Particularly High in Prisons.
46. According to CDC guidelines, there are three measures that can effectively reduce the spread of this fatal disease: (1) diligent “social or physical distancing” to avoid transmission of the virus;17 (2) covering the mouth and nose with a mask or cloth;18 and (3) vigilant hygiene practices, including frequently washing hands and disinfecting surfaces.19

14 See Sarah Jarvis, Coronavirus: How Quickly Do COVID-19 Symptoms Develop and How Long Do They Last?, PATIENT (Jan. 8, 2021), https://patient.info/news-and-features/coronavirus-how-quickly-do-covid-19symptomsdevelop-and-how-long-do-they-last. 15 Carrie MacMillian, Ventilators and COVID-19: What You Need to Know, YALE MEDICINE (June 2, 2020),https://www.yalemedicine.org/news/ventilators-covid-19. 16 Panagis Galiatsatos, What Coronavirus Does to the Lungs, JOHNS HOPKINS MEDICINE (Apr. 13, 2020), https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/what-coronavirus-does-to-thelungs.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 and neurologic injury. Id 17 See, e.g., Social Distancing, Quarantine, and Isolation, CTRS FOR DISEASE CONTROL AND PREVENTION, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html (last updated Nov. 17, 2020). 18 How to Protect Yourself & Others, CTRS FOR DISEASE CONTROL AND PREVENTION, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html (last updated Feb. 4, 2021). 19 See id. For additional guidance related to prevention of COVID-19 in prisons specifically, see also Megan Wallace et al, COVID-19 in Correctional and Detention Facilities – United States, February-April 2020, CTRS FOR DISEASE CONTROL AND PREVENTION (May 15, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6919e1.htm [hereinafter, “COVID-19 in Correctional and Detention Facilities”]; Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, CTRS FOR DISEASE CONTROL AND

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47. In prisons, incarcerated persons and staff interact in close proximity and cramped quarters designed to confine people rather than distance them. Incarcerated people, by the fact of their incarceration, have little autonomy or control of their movements. As a result, incarcerated people are highly susceptible to rapid transmission of the virus through contact with other people, including asymptomatic carriers, and touching common surfaces.
48. Further, incarcerated people, correctional staff, medical staff, and contractors regularly move in and out of correctional facilities and the greater community, as well as across different housing units within prisons. Such movement creates an ever-present risk that persons, including asymptomatic carriers, will carry the virus in and out of those facilities, spreading infection and triggering outbreaks.20
49. In addition, prisons are at an increased risk for the rapid spread of an infectious disease—like COVID-19—because of the high number of people with chronic, often untreated, illnesses housed in a setting with minimal levels of sanitation, limited access to personal hygiene, limited access to medical care, and limitations on physical distancing.21
50. As the chart below illustrates, health conditions that make COVID-19 particularly dangerous are more prevalent in the incarcerated population than in the general public.22

PREVENTION, https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctionaldetention.html (last updated Dec. 31, 2020) [hereinafter “Interim Guidance”]. 20 See COVID-19 in Correctional and Detention Facilities, supra note 19, at 587. 21 See generally I.A. Binswanger et al., Prevalence of Chronic Medical Conditions Among Jail and Prison Inmates in
the USA Compared With the General Population, 63 J. EPIDEMIOLOGY & COMMUNITY HEALTH 912 (2009) (concluding that incarcerated people in the U.S. had a higher burden of most chronic medical conditions than the
general population, even adjusting for sociodemographic differences and alcohol consumption). 22 Peter Wagner & Emily Widra, Five ways the criminal justice system could slow the pandemic, PRISON POLICY
INITIATIVE (March 27, 2020), https://www.prisonpolicy.org/blog/2020/03/27/slowpandemic/.

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51. Multiple public health experts, including Dr. Gregg Gonsalves,23 Dr. Ross MacDonald,24 Dr. Marc Stern,25 Dr. Oluwadamilola T. Oladeru,26 Dr. Homer Venters,27 and the faculty at Johns Hopkins schools of nursing, medicine, and public health28 strongly caution that incarcerated people are particularly vulnerable to the virus and more likely to face serious, even grave, harm due to the COVID-19 pandemic. The CDC has also identified prisons as especially susceptible to rapid outbreaks of infection due to close person-to-person contact among large, confined populations.

23 Kelan Lyons, Elderly Prison Population Vulnerable to Potential Coronavirus Outbreak, CONNECTICUT MIRROR
(Mar. 11, 2020), https://cutt.ly/BtRSxCF. 24 Craig McCarthy & Natalie Musumeci, Top Rikers Doctor: Coronavirus ‘Storm is Coming,’ NEW YORK POST (Mar.
19, 2020), https://cutt.ly/ptRSnVo. 25 Marc F. Stern, MD, MPH, Washington State Jails Coronavirus Management Suggestions in 3 “Buckets,”
WASHINGTON ASSOC. OF SHERIFFS & POLICE CHIEFS (Mar. 5, 2020), https://cutt.ly/EtRSm4R. 26 Oluwadamilola T. Oladeru, et al., What COVID-19 Means for America’s Incarcerated Population – and How to
Ensure It’s Not Left Behind (Mar. 10, 2020), https://cutt.ly/QtRSYNA. 27 Madison Pauly, To Arrest the Spread of Coronavirus, Arrest Fewer People, MOTHER JONES (Mar. 12, 2020),
https://cutt.ly/jtRSPnk. 28 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 (Mar. 25, 2020), https://cutt.ly/stERiXk.

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52. Among the specific recommendations from the CDC for mitigating the risk of COVID-19—tailored to the prison realities—is the implementation of distancing strategies to increase physical space between incarcerated people—“ideally 6 feet between all individuals, regardless of symptoms.”29 According to the CDC, the recommended distancing strategy includes reassigning and/or rearranging bunks to provide more space (ideally six feet or more in all directions), enforcing increased space between people in common areas, staggering recreation times, and staggering meals.30 The CDC also notes that “if group activities are discontinued, it will be important to identify alternative forms of activity to support the mental health of incarcerated/detained persons.”31
53. The CDC also recommends, among other things: (1) individually quarantining and medically monitoring close contacts of confirmed COVID-19 cases—including testing; (2) daily temperature checks in housing units where COVID-19 cases have been identified; (3) face mask requirements for all individuals showing symptoms of COVID-19; (4) immediately placing symptomatic individuals into individual medical isolation that is “distinct from punitive solitary confinement” and ensuring that they “receive[] regular visits from medical staff”; (5) actively encouraging staff to stay home when sick; and (6) frequent and thorough cleaning and disinfection of surfaces, objects, and areas.32 III. Defendants’ Actions Have Caused COVID-19 to Spread Rapidly, Endangering Lives
of Inmates, Including Plaintiffs in this Suit. 54. A crisis at Carswell continues to threaten the lives, health, and safety of incarcerated people and staff because Defendants have not taken adequate measures to control the spread of the

29 Interim Guidance, supra note 19. 30 Id. 31 Id. 32 Id.; see also COVID-19 in Correctional and Detention Facilities, supra note 19, at 588.
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virus that causes COVID-19. Although the risk of COVID-19 is generally higher in facilities where people reside in close quarters, the risk is especially acute at Carswell, which is home to one of two federal medical facilities for women in the Country, and, consequently, a large number of medically vulnerable people who face a heightened risk of suffering severe illness and/or death from COVID-19.
55. The BOP has the power to undertake measures that will protect prisoners from harm, including implementing appropriate practices for both prisoners and staff such as testing, contact tracing, quarantine, isolation, physical distancing, cleaning, provision of personal protective equipment, medical care, and release to home confinement or compassionate release. Defendants, however, have deliberately been indifferent to the risks faced by the women in their custody, despite knowing the harm that is being caused and how to prevent the same.
56. Seven months after the first documented cases of COVID-19 at Carswell, the virus spread widely through Carswell’s population, endangering hundreds of lives.33 By way of example, 725 women out of 1,304 total inmates at Carswell have been infected with COVID-19, and six of those women died.34 Carswell is suffering once again from a widespread outbreak at its facility, with currently 153 inmates testing positive for COVID-19.35

33 COVID-19 Outbreak Reported at Fort Worth Federal Medical Prison, ASSOCIATED PRESS (July 21, 2020, 10:10

PM),

https://www.nbcdfw.com/news/coronavirus/covid-19-outbreak-reported-at-fort-worth-federal-medical-

prison/2410816/.; See also Keri Blakinger and Joseph Neff, Thousands of sick federal prisoners sought release as

Covid-19 spread. Nearly all were denied., NBC NEWS (Oct. 7, 2020, 5:00 AM), https://www.nbcnews.com/news/us-

news/thousands-sick-federal-prisoners-sought-release-covid-19-spread-nearly-n1242193.

34 Kaley Johnson, Women’s prison in Fort Worth again ‘full of COVID,’ 2 die from virus at men’s prison, FORT

WORTH STAR-TELEGRAM (Jan. 24, 2021), https://www.star-telegram.com/news/local/crime/article248735465.html;

Keri Blakinger and Joseph Neff, Thousands of sick federal prisoners sought release as Covid-19 spread. Nearly all

were denied., NBC NEWS (Oct. 7, 2020, 5:00 AM), https://www.nbcnews.com/news/us-news/thousands-sick-federal-

prisoners-sought-release-covid-19-spread-nearly-n1242193

35 COVID-19 Coronavirus, FEDERAL BUREAU OF PRISONS, https://www.bop.gov/coronavirus/ (last visited Feb. 8,

2021).

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57. The women at Carswell are packed into crowded dormitories, small cells, and narrow hallways. They cannot physically distance themselves from others or self-quarantine. They cannot ensure that others are effectively quarantined from them if they are infected. Instead, they must sleep within a few feet of one another, use communal bathroom facilities, and line up close together several times a day for food and medicine.
58. Carswell’s healthcare “system” is grossly inadequate to treat sick women in its custody, and specifically those with disabilities, including pre-existing medical conditions that make them especially vulnerable to COVID-19. Making matters worse, it has inadequate infection surveillance, testing, quarantine, and isolation practices. What is more, many people with serious medical conditions unrelated to COVID-19 have not received necessary treatment.
59. Defendants are well aware of the conditions at Carswell, the extreme threat they pose, and the necessary measures that must be implemented to protect the medically vulnerable and disabled prisoners incarcerated there. Yet Defendants have failed to take critical steps to address the crisis.
60. Testing for COVID-19 at Carswell has not only been inadequate, it has been deliberately withheld. In that regard, Defendant Carr – the Warden of Carswell – has directed the medical staff at Carswell to stop testing inmates for COVID-19 in order to keep the number of cases down. Currently, the BOP is reporting that 153 women are positive for COVID-19, but because of the choice to refrain from testing, the true number of infected people at Carswell is presently unknown.36
61. Upon information and belief, the medical staff at Carswell have pleaded to Warden Carr that they refrain from mass movement of the inmates, as it is worsening the conditions.

36 COVID-19 Coronavirus, FEDERAL BUREAU OF PRISONS, https://www.bop.gov/coronavirus/ (last visited Feb. 8, 2021).

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Warden Carr has ignored the advice of medical staff and has disobeyed the Regional Office’s protocol. Further, Warden Carr denied or failed to obtain permission from the Regional Office of the BOP to order the mass move of inmates, which is against the BOP protocol.37
62. Crowded spaces make the situation more dire. It is impossible for the women incarcerated at Carswell to physically distance themselves from one another in accordance with CDC guidelines. Without the ability to physically distance from one another, medically vulnerable people incarcerated at Carswell, including Plaintiffs in this case, remain at extraordinary risk of infection, serious illness, and death from COVID-19.
63. When people do get sick with COVID-19, treatment is almost non-existent. Moreover, Defendants have forced COVID-positive and COVID-negative incarcerated persons to continue sleeping, receiving meals, picking up medications, and conducting other day-to-day activities in close proximity to one another without the ability to physically distance.
64. Carswell has denied Plaintiffs access to hand sanitizer, gloves, and proper personal protective equipment. Carswell inmates are given only one cloth mask of which has not been replaced or exchanged for a clean mask in approximately seven months. Plaintiffs are then required to wash their own mask but are not given a temporary mask to wear while washing. Moreover, Plaintiffs are frequently denied soap making it impossible to follow CDC guidelines. Even when soap is provided, it is watered down and Plaintiffs are punished if they use too much.
65. Carswell has enforced “lockdowns” that have prevented women from participating in activities that are vital to the women’s’ mental and physical health. Specifically, at various times women have been denied access to the outdoors for three months at a time.

37 37 Keri Blakinger and Joseph Neff, Thousands of sick federal prisoners sought release as Covid-19 spread. Nearly all were denied., NBC NEWS (Oct. 7, 2020, 5:00 AM), https://www.nbcnews.com/news/us-news/thousands-sickfederal-prisoners-sought-release-covid-19-spread-nearly-n1242193

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A. Defendants have failed to take even the most basic measures to prevent the spread of the virus.
66. Defendants have not ensured adequate cleaning or disinfecting of living spaces and common-use equipment, such as bathroom facilities, phones, and computers. According to CDC guidelines, to prevent the spread of COVID-19, “surfaces and objects that are frequently touched,” such as “doorknobs, light switches, sink handles, countertops, toilets, toilet handles, recreation equipment, kiosks, telephones, and computer equipment,” should be cleaned and disinfected “several times a day.”38 However, despite clear guidance from the CDC, Defendants have failed to clean and disinfect Carswell adequately even though it houses medically vulnerable people.
67. The women at Carswell are unable to meet their basic hygiene needs. At least 286 women have been without feminine hygiene products for several days at a time, and they have been forced to live in the same dirty clothes and bedding for at least 18 days in a row–sometimes longer. Inability to maintain basic hygiene contributes to the spread of COVID-19 and also makes the women more vulnerable to infection.
68. Defendants have failed to take the necessary steps to address the severe risks faced by the women at Carswell. Despite direction from the U.S. Attorney General months ago to expeditiously consider medically vulnerable people for home confinement or other release, Defendants continue to oppose motions for compassionate release made by medically vulnerable people.39 They have also failed to make other arrangements within the facility to allow for adequate physical distancing, in particular for people who are more vulnerable due to age, medical condition, or disability. Defendants have failed to implement effective isolation, quarantine,

38 Interim Guidance, supra note 19. 39 Keri Blakinger and Joseph Neff, Thousands of sick federal prisoners sought release as Covid-19 spread. Nearly all
were denied., NBC NEWS (Oct. 7, 2020, 5:00 AM), https://www.nbcnews.com/news/us-news/thousands-sick-federalprisoners-sought-release-covid-19-spread-nearly-n1242193

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testing, screening, hygiene, and disinfecting policies or meaningfully modify movement protocols for staff and incarcerated people, thereby increasing the risk inmates will contract COVID-19 and suffer serious illness or death.
69. These conditions are well-known to Defendants, as are the steps they must take to accommodate prisoners with disabilities and prevent constitutional violations.
B. Defendants have failed to use the tools available to them to reduce the population at Carswell.
70. Defendants know the risk to incarcerated people at Carswell but have not taken any of the recommended or essential measures to address the risks, including making reasonable accommodations for inmates with disabilities to allow them to participate in everyday activities without placing them at increased risk of contracting the deadly disease.
71. Failing to adequately respond to the deadly virus ravaging Carswell constitutes deliberate indifference to Plaintiffs’ health and safety in violation of the Eighth Amendment.
72. Because of the severity of the threat posed by COVID-19 and its proven ability to rapidly spread through a correctional setting, public health experts recommend the rapid release from custody of those inmates that meet the requirements and are most vulnerable to COVID-19. Release protects the people with the greatest vulnerability and also mitigates risks for people in prison and the broader community. Further it also reduces the burden on the region’s health care infrastructure.
73. Despite the fact that BOP officials have been instructed to transfer people to home confinement, Defendants have opposed such measures, increasing the number of inmates at Carswell, thereby increasing the risk of exposure. A court order is therefore necessary to provide adequate care that does not violate their Constitutional rights.

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IV. Defendants Have Violated Section 504 of the Rehabilitation Act. 74. Defendants’ actions and inactions in response to the COVID-19 pandemic not only
violate Plaintiff’s Eighth Amendment Rights, but they also violate Section 504 of the Rehabilitation Act. In particular, Defendants have discriminated against people with disabilities by failing to make reasonable accommodations and by implementing facially neutral policies that affect people with disabilities more harshly than those without disabilities.
75. Apart from age, Body Mass Index, and a history of smoking, all conditions that increase risk for COVID-19 complications or death—including but not limited to lung conditions, asthma, heart conditions, diabetes, kidney disease, liver disease, HIV, immune dysfunction, autoimmune disorders, cancer treatment, and history of organ or bone marrow transplantation— are disabilities under Section 504 of the Rehabilitation Act. As one of two of the nation’s federal medical facilities for women, most, if not all, of Carswell’s inmates have a qualifying disability under Section 504 of the Rehabilitation Act.
76. The Rehabilitation Act imposes an affirmative obligation on all covered entities, such as Carswell, to ensure that their policies, practices, and procedures are accessible to people with disabilities, including providing reasonable modifications in order to give people with disabilities an equal opportunity to benefit from the covered entity’s programs, services, and activities.40 Defendants, however, have failed to make modifications to ensure that individuals with disabilities can benefit from Carswell’s programs, services, and activities on an equal basis as people without disabilities who are incarcerated at Carswell. To access programs, services, and activities at Carswell, people with disabilities are required to place themselves at a higher risk of

40 A Guide to Disability Rights Laws, U.S. DEP’T OF JUSTICE: CIVIL RIGHTS DIVISION (Feb. 2020), https://www.ada.gov/cguide.htm (last visited Feb. 8, 2021) (“[Public entities] are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination.”).

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suffering serious medical harm or death as a result of contracting COVID-19 than people without disabilities. Further, Defendants have discriminated against people with disabilities by managing Carswell in a manner that affects persons with disabilities more harshly than those who do not.
77. Incarcerated people at Carswell who have any of these conditions are medically vulnerable people with disabilities protected by the Rehabilitation Act, in addition to being protected by the constitutional provisions that protect all incarcerated people who are medically vulnerable to COVID-19 complications or death. Some of their most basic rights include the following:
 A right to healthcare, which includes the provision of medication. As described above, in order to receive medication, people incarcerated at Carswell must stand in a pill line, where it is impossible to physically distance. Because of their disability, Plaintiffs with disabilities face a greater risk of suffering serious symptoms from COVID-19 and requiring hospitalization or death than do other people at Carswell. Defendants have not made modifications to reduce the risk to incarcerated people with disabilities to enable them to enjoy the benefits of healthcare on an equal basis with those who do not have disabilities. Further, the method of administration of the provision of medication disparately impacts people with disabilities, as it puts them at higher risk of death than those without disabilities.
 A right to food. Yet people with disabilities incarcerated at Carswell, including Plaintiffs, cannot receive meals without facing a greater risk of serious medical harm or death from COVID-19 than people without disabilities. Defendants have not made modifications to reduce the risk to incarcerated people with disabilities to

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enable them to enjoy the benefits of food on an equal basis with those who do not have disabilities. Further, the method of administration of the provision of food disparately impacts people with disabilities, as it puts them at higher risk of death than those without disabilities.  A right to adequate housing. Yet people with disabilities incarcerated at Carswell, including Plaintiffs, cannot live in their assigned housing without facing a greater risk of serious medical harm or death from COVID-19 than people without disabilities. Defendants have not made modifications to reduce the risk to incarcerated people with disabilities to enable them to enjoy the benefits of housing on an equal basis with those who do not have disabilities. Further, the method of administration of housing arrangements disparately impacts people with disabilities, as it puts them at higher risk of death than those without disabilities. 78. The Rehabilitation Act also prohibits covered entities from using methods of administration that defeat or impair the accomplishment of the objectives of the covered entity’s program. In other words, the Act’s purpose is to provide safety, care, and protection for individuals in its custody.41 79. All Plaintiffs, including those with disabilities, have a right to safekeeping, care, and protection while at Carswell. Defendants, however, have deliberately failed to establish methods of administration that protect individuals with disabilities from discrimination. 80. As a result of Defendants’ failures to make reasonable modifications, including release, and their failure to establish a non-discriminatory method of administering Carswell, individuals with disabilities are being denied the benefits of the Act’s safety, care, and protection

41 18 U.S.C. §§ 4042(a)(2)–(3).
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program and are being disparately impacted by the rapid spread of COVID-19 throughout Carswell.
81. The modifications sought are reasonable and would impose no fundamental alteration on BOP.
FIRST CAUSE OF ACTION Discrimination on the Basis of Disability in Violation of Section 504 of the Rehabilitation Act of 1973 82. Plaintiffs incorporate by reference each and every allegation contained in the preceding paragraphs as if set forth fully herein. 83. Section 504 of the Rehabilitation Act states that “no otherwise qualified individual with a disability in the United States . . . shall, solely by reason of [] disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a). The regulations implementing Section 504 of the Rehabilitation Act require that entities receiving federal financial assistance avoid unnecessary policies, practices, criteria or methods of administration that have the effect of discriminating against persons with disabilities. 28 C.F.R. § 41.51(b)(3)(i). 84. Section 504 forbids not only facial discrimination against individuals with disabilities, but also requires that executive agencies such as BOP alter their policies and practices to prevent discrimination on the basis of disability. Reasonable modifications are required unless those modifications would create a “fundamental alteration” of the relevant program, service, or activity, or would impose an undue hardship. See Sch. Bd. of Nassau Cty., Fla. v. Arline, 480 U.S. 273, 288 n.17 (1987); Alexander v. Choate, 469 U.S. 287, 300 (1985); 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,

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unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.”).
85. Defendants are final policymakers for, or in the case of Defendant BOP is itself, an executive agency within the meaning of 29 U.S.C. § 794(a).
86. Plaintiffs are individuals with disabilities for the purposes of the Rehabilitation Act, 42 U.S.C. § 12012, 29 U.S.C. § 705(20)(B). As people held at Carswell, they are “qualified” for the programs, services, and activities being challenged herein.
87. Defendants are violating Section 504 of the Rehabilitation Act by failing to make the reasonable modifications necessary to ensure equal access to programs, services, and activities for people with disabilities who face high risk of complications or death in the event of COVID19 infection.
88. Plaintiffs at Carswell are under the custody and control of Defendants and are not able to take steps to protect themselves from the spread of the virus. BOP has a duty to provide safety, care, and protection to Plaintiffs, including those with disabilities. Defendants have not provided reasonable accommodations. As COVID-19 continues to spread at Carswell, the already dangerous conditions at Carswell are only exacerbated further.
89. Defendants are aware that exposure to COVID-19 could be harmful or deadly to Plaintiffs with disabilities and have failed to protect them.
90. Defendants have failed to provide reasonable accommodations, including the release of persons with disabilities, to mitigate these significant risks, which continuously subject Plaintiffs to a grave and serious risk of harm from serious illness, permanent injury, or death.

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91. Defendants have also enacted policies and procedures that deny Plaintiffs access to necessary medical care, which further subject Plaintiffs to a grave and serious risk of harm from serious illness, permanent injury, or death.
92. Section 504 forbids not only facial discrimination against individuals with disabilities, but also any policies or practices that have a disparate impact on disabled individuals. Raytheon Co. v. Hernandez, 540 U.S. 44, 52, 124 S.Ct. 513, 157 L.Ed.2d 357 (2003). “[A] facially neutral practice may be discriminatory if it ‘fall[s] more harshly on one group than another.’” Id.
93. Defendants’ failure to protect Plaintiffs with disabilities from these conditions by releasing prisoners and otherwise taking additional measures to ensure they are not forced to take on greater risk of serious injury or death than other people incarcerated at Carswell to access programs, services, and benefits constitutes discrimination under Section 504 of the Rehabilitation Act.
SECOND CAUSE OF ACTION Unconstitutional Conditions of Confinement in Violation of the Eighth Amendment to the U.S. Constitution 94. Plaintiffs incorporate by reference each and every allegation contained in the preceding paragraphs as if set forth fully herein. 95. The Eighth Amendment guarantees incarcerated persons the right to necessary and adequate medical care, and to be free from cruel and unusual punishment. See U.S. Const., amend. VIII. As part of that right, the government cannot subject incarcerated persons to a substantial risk of serious harm to their health and safety. See, e.g., Farmer v. Brennan, 511 U.S. 825, 828 (1994); Estelle v. Gamble, 429 U.S. 97, 104 (1976). 96. Plaintiffs at Carswell are under the custody and control of Defendants and are not able to take steps to protect themselves from the spread of the virus. Defendants have not provided

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adequate protections, and COVID-19 continues to spread at Carswell, the already deplorable

conditions at Carswell are only exacerbated further.

97. Defendants are aware of these conditions, which were and are obvious throughout

Carswell.

98. Defendants know of and have disregarded an excessive risk to health and safety.

99. Defendants have failed to take reasonable steps, including the release of medically

vulnerable persons, to mitigate these significant risks, which continuously subject Plaintiffs to a

substantial risk of harm from serious illness, permanent injury, or death.

100. Defendants have also failed to provide adequate medical care and have taken

affirmative steps to deny Plaintiffs access to necessary medical care, which further subjects

Plaintiffs to a substantial risk of harm from serious illness, permanent injury, or death.

101. Defendants’ failure to protect Plaintiffs from these conditions by releasing

prisoners and otherwise remedying the conditions of confinement constitutes deliberate

indifference to the health, safety, and serious medical needs of Plaintiffs, thereby establishing a

violation of the Eighth Amendment to the United States Constitution.

102. Federal courts have inherent equitable authority to order injunctive and declaratory

relief to remedy violations of the Constitution by federal actors. Armstrong v. Exceptional Child

Ctr., Inc., 575 U.S. 320, 327 (2015).

REQUEST FOR RELIEF

Wherefore, Plaintiffs respectfully request that the Court order the following relief:

A. Enter a declaratory judgment that Carswell’s policies and practices violate

Plaintiffs’ Eighth Amendment right against cruel and unusual punishment;

B. Enter a declaratory judgment that Carswell’s policies and practices violate Section

504 of the Rehabilitation Act with respect to the Plaintiffs with disabilities;

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C. Order Defendants to create and implement a mitigation plan for prevention of COVID-19 that is consistent with CDC guidelines, overseen by a qualified public health expert, and provides appropriate and reasonable accommodations to those with disabilities.
D. Order Defendants to provide all necessary and appropriate healthcare to ensure that the needs of individuals incarcerated at Carswell are being met, including continued attention to non-COVID-19 related medical needs.
E. Establish a process to identify all incarcerated persons who are appropriate for release on home confinement, furlough or other release mechanisms, and order Defendants to release, without quarantining at Carswell, all persons identified through that process as appropriate for release; and
F. Any further relief that this Court deems just, necessary, or appropriate.
Respectfully submitted this 21st day of April, 2021.

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Respectfully submitted,
By: /s/ Lauren Zang Jay K. Wieser State Bar No. 24060826 jwieser@jw.com Edwin Buffmire State Bar No. 24078283 ebuffmire@jw.com Lindsey Marsh Brown State Bar No. 24087977 lbrown@jw.com Gracie Garcia State Bar No. 24093931 ggarcia@jw.com Lauren Zang State Bar No. 24110768 lzang@jw.com Lauren Ceckowski State Bar No. 24111231 lcekowski@jw.com JACKSON WALKER LLP 2323 Ross Avenue Suite 600 Dallas, Texas 75201 (214) 953-6000 (214) 953-5822 – Fax
James P. George State Bar No. 07805435 pgeorge@law.tamu.edu Texas A&M University School of Law / Legal Clinic 1515 Commerce Street Fort Worth, Texas 76102 (817) 212-4120
ATTORNEYS FOR PLAINTIFFS

28091195
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