U.S. District Court Southern District of Mississippi (Northern (Jackson)) CIVIL DOCKET FOR CASE #: 3:20-cv-00340-TSL-RPM

Waddell et al v. Taylor et al Assigned to: District Judge Tom S. Lee Referred to: Magistrate Judge Robert P. Myers, Jr Cause: 42:1983 Civil Rights Act

Date Filed: 05/14/2020 Jury Demand: None Nature of Suit: 555 Prisoner Petitions - Prison Jurisdiction: Federal Question

Plaintiff
Brittany Waddell individually and on behalf of a class of all others similarly situated

represented by Paloma Wu PALOMA WU, ATTORNEY P. O. Box 1023 5 Old River Place, Suite 203 (39202) Jackson, MS 39215 601-352-2269 Fax: 601-352-4769 Email: pwu@mscenterforjustice.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cliff Johnson MACARTHUR JUSTICE CENTER - University Director, University of Mississippi School of Law 481 Chucky Mullins Drive University, MS 38677 662-915-6863 Email: cjohnson@macarthurjustice.org ATTORNEY TO BE NOTICED

Joshua F. Tom ACLU OF MISSISSIPPI - Jackson P. O. Box 2242 233 East Capitol Street (39201) Jackson, MS 39225-2242 601/354-3408 Fax: 601/355-6465 Email: jtom@aclu-ms.org ATTORNEY TO BE NOTICED

Plaintiff Roger Ewing individually and on behalf of a class of all others similarly situated
Plaintiff Tony Smith individually and on behalf of a class of all others similarly situated

Robert B. McDuff THE LAW OFFICE OF ROBERT MCDUFF 767 North Congress Street Jackson, MS 39202 601/969-0802 Fax: 601/969-0804 Email: RBM@McDuffLaw.com ATTORNEY TO BE NOTICED
represented by Paloma Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cliff Johnson (See above for address) ATTORNEY TO BE NOTICED
Joshua F. Tom (See above for address) ATTORNEY TO BE NOTICED
Robert B. McDuff (See above for address) ATTORNEY TO BE NOTICED
represented by Paloma Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cliff Johnson (See above for address) ATTORNEY TO BE NOTICED
Joshua F. Tom (See above for address) ATTORNEY TO BE NOTICED
Robert B. McDuff

Plaintiff Daniel Hatten individually and on behalf of a class of all others similarly situated
Plaintiff Douglass Triplett individually and on behalf of a class of all others similarly situated
Plaintiff Erik Lewis individually and on behalf of a class of all others similarly situated

(See above for address) ATTORNEY TO BE NOTICED
represented by Paloma Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cliff Johnson (See above for address) ATTORNEY TO BE NOTICED
Joshua F. Tom (See above for address) ATTORNEY TO BE NOTICED
Robert B. McDuff (See above for address) ATTORNEY TO BE NOTICED
represented by Paloma Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cliff Johnson (See above for address) ATTORNEY TO BE NOTICED
Joshua F. Tom (See above for address) ATTORNEY TO BE NOTICED
Robert B. McDuff (See above for address) ATTORNEY TO BE NOTICED
represented by Paloma Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Plaintiff Bob Henderson individually and on behalf of a class of all others similarly situated
Plaintiff Thomas Holder individually and on behalf of a class of all others similarly situated

Cliff Johnson (See above for address) ATTORNEY TO BE NOTICED
Joshua F. Tom (See above for address) ATTORNEY TO BE NOTICED
Robert B. McDuff (See above for address) ATTORNEY TO BE NOTICED
represented by Paloma Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cliff Johnson (See above for address) ATTORNEY TO BE NOTICED
Joshua F. Tom (See above for address) ATTORNEY TO BE NOTICED
Robert B. McDuff (See above for address) ATTORNEY TO BE NOTICED
represented by Paloma Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cliff Johnson (See above for address) ATTORNEY TO BE NOTICED
Joshua F. Tom (See above for address) ATTORNEY TO BE NOTICED
Robert B. McDuff

Plaintiff
Jamarcus Davis individually and on behalf of a class of all others similarly situated

(See above for address) ATTORNEY TO BE NOTICED
represented by Paloma Wu (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cliff Johnson (See above for address) ATTORNEY TO BE NOTICED
Joshua F. Tom (See above for address) ATTORNEY TO BE NOTICED
Robert B. McDuff (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Tommy Taylor in his official capacity as Interim Commissioner of the Mississippi Department of Corrections

represented by John G. Wheeler MITCHELL, MCNUTT & SAMS P. O. Box 7120 Tupelo, MS 38802-7120 662/842-3871 Fax: 662/842-8450 Email: jwheeler@mitchellmcnutt.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cody C. Bailey BRUNINI, GRANTHAM, GROWER & HEWES, PLLCJackson P. O. Drawer 119 Pinnacle Bldg., Suite 100 190 East Capitol St. (39201) Jackson, MS 39205-0119 601/973-8790 Fax: 601/960-6902

Defendant
Ron King in his official capacity as Superintendent of Central Mississippi Correctional Facility

Email: cbailey@brunini.com ATTORNEY TO BE NOTICED
Douglas T. Miracle-State Gov MISSISSIPPI ATTORNEY GENERAL'S OFFICE 550 High Street, Suite 1200 P. O. Box 220 (39205) Jackson, MS 39201 601/359-5654 Fax: 601/359-2003 Email: doug.miracle@ago.ms.gov ATTORNEY TO BE NOTICED
Michael D. Chase MITCHELL, MCNUTT & SAMS, PA - Tupelo P. O. Box 7120 105 South Front Street Tupelo, MS 38802-7120 662/842-3871 Fax: 662/842-8450 Email: mchase@mitchellmcnutt.com ATTORNEY TO BE NOTICED
William Trey E. Jones , III BRUNINI, GRANTHAM, GROWER & HEWES, PLLCJackson P. O. Drawer 119 Pinnacle Bldg., Suite 100 190 East Capitol St. (39201) Jackson, MS 39205-0119 601/948-3101 Fax: 601/960-6902 Email: tjones@brunini.com ATTORNEY TO BE NOTICED
represented by John G. Wheeler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cody C. Bailey

Defendant
Joe Errington in his official capacity as Superintendent of South Mississippi Correctional Institution

(See above for address) ATTORNEY TO BE NOTICED
Douglas T. Miracle-State Gov (See above for address) ATTORNEY TO BE NOTICED
Michael D. Chase (See above for address) ATTORNEY TO BE NOTICED
William Trey E. Jones , III (See above for address) ATTORNEY TO BE NOTICED
represented by John G. Wheeler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cody C. Bailey (See above for address) ATTORNEY TO BE NOTICED
Douglas T. Miracle-State Gov (See above for address) ATTORNEY TO BE NOTICED
Michael D. Chase (See above for address) ATTORNEY TO BE NOTICED
William Trey E. Jones , III (See above for address) ATTORNEY TO BE NOTICED

Date Filed 05/14/2020

# Docket Text
1 CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Joe Errington, Ron King, Tommy Taylor ( Filing fee $ 400 receipt number 0538-4274056), filed by Erik Lewis, Roger Ewing, Daniel Hatten, Douglass Triplett, Jamarcus Davis, Thomas Holder, Brittany Waddell, Bob Henderson,

Tony Smith. (Attachments: # 1 Civil Cover Sheet)(LAT) (Entered: 05/14/2020)

05/14/2020

2 Summons Issued as to Joe Errington, Ron King, Tommy Taylor. (Attachments: # 1 Attachment - Summons Ron King, # 2 Attachment Summons Joe Errington)(LAT) (Entered: 05/14/2020)

05/14/2020

3 NOTICE of Appearance by Cliff Johnson on behalf of All Plaintiffs (Johnson, Cliff) (Entered: 05/14/2020)

05/15/2020

4 NOTICE of Appearance by Joshua F. Tom on behalf of All Plaintiffs (Tom, Joshua) (Entered: 05/15/2020)

05/18/2020

5 NOTICE of Appearance by Robert B. McDuff on behalf of All Plaintiffs (McDuff, Robert) (Entered: 05/18/2020)

05/25/2020

6 MOTION for Temporary Restraining Order and Preliminary Injunction by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell (Attachments: # 1 Exhibit Ex. 1_Expert

Report of Gregg Gonsalves (May 14, 2020), # 2 Exhibit Ex. 2_Expert Report of Homer Venters (May 24, 2020), # 3 Exhibit Ex. 3_Declaration of Jamarcus Davis, # 4 Exhibit Ex. 4_Declaration of Roger Ewing, # 5 Exhibit Ex. 5_Declaration of Daniel Hatten, # 6 Exhibit Ex. 6_Declaration of Bob Henderson, # 7 Exhibit Ex. 7_Declaration of Thomas Holder, # 8 Exhibit Ex. 8_Declaration of Oziel Guzman, # 9 Exhibit Ex. 9_Declaration of Derrick Guyton, # 10 Exhibit Ex. 10_Declaration of Erik Lewis, # 11 Exhibit Ex. 11_Declaration of Douglass TriplettDeclaration of Douglass Triplett, # 12 Exhibit Ex. 12_Declaration Brent Ryan, # 13 Exhibit Ex. 13_Declaration of Tony Smith, # 14 Exhibit Ex. 14_Declaration of Brittany Waddell, # 15 Exhibit Ex. 15_COVID-19 Questions and Answers, MDOC)(Wu, Paloma). Added MOTION for Preliminary Injunction on 5/26/2020 to correct filing (ND). (Entered: 05/25/2020)

05/25/2020

7 MEMORANDUM in Support re 6 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell (Wu, Paloma) (Entered: 05/25/2020)

05/29/2020 8

AFFIDAVIT of Service for Service of Process served on Tommy Taylor via the Attorney General of Mississippi on May 21, 2020, filed by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob

Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell. (Wu, Paloma) (Entered: 05/29/2020)

05/29/2020

9 AFFIDAVIT of Service for Service of Process served on Ron King via the Attorney General of Mississippi on May 21, 2020, filed by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell. (Wu, Paloma) (Entered: 05/29/2020)

05/29/2020

10 AFFIDAVIT of Service for Service of Process served on Joe Errington via the Attorney General of Mississippi on May 21, 2020, filed by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell. (Wu, Paloma) (Entered: 05/29/2020)

08/03/2020

11 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Robert P. Myers, Jr for all further proceedings. Magistrate Judge Robert H. Walker no longer assigned to case Signed by Chief District Judge Daniel P. Jordan, III on 8/3/20 (MGB) (Entered: 08/04/2020)

08/03/2020

Parties should include the newly assigned Magistrate Judge's initials RPM on future filings. (MGB) (Entered: 08/04/2020)

09/15/2020 12

MOTION to Withdraw 6 MOTION for Temporary Restraining Order and Preliminary Injunction MOTION for Preliminary Injunction , Joint MOTION to Stay Proceedings by Jamarcus Davis, Roger Ewing, Daniel Hatten, Bob Henderson, Thomas Holder, Erik Lewis, Tony Smith, Douglass Triplett, Brittany Waddell (Johnson, Cliff) (Entered: 09/15/2020)

09/22/2020

13 NOTICE of Appearance by William Trey E. Jones, III on behalf of All Defendants (Jones, William Trey) (Entered: 09/22/2020)

10/01/2020

14 ORDER granting 12 Motion to Withdraw 6 MOTION for Temporary Restraining Order and Preliminary Injunction;

granting 12 Joint Motion to Stay Proceedings. Signed by Magistrate Judge Robert P. Myers, Jr on October 1, 2020 (King, Steve) (Entered: 10/01/2020)

10/01/2020

NOTICE of Hearing: TELEPHONIC Status Conference set for 10/22/2020 10:00 AM before Magistrate Judge Robert P. Myers Jr. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) (Entered: 10/01/2020)

10/21/2020 10/21/2020 10/22/2020
10/22/2020 01/22/2021 01/22/2021 01/25/2021

15 NOTICE of Appearance by Cody C. Bailey on behalf of Joe Errington, Ron King, Tommy Taylor (Bailey, Cody) (Entered: 10/21/2020)
16 NOTICE of Appearance by Douglas T. Miracle-State Gov on behalf of Joe Errington, Ron King, Tommy Taylor (Miracle-State Gov, Douglas) (Entered: 10/21/2020)
Minute Entry for proceedings held before Magistrate Judge Robert P. Myers, Jr: TELEPHONIC Status Conference held on 10/22/2020 with attorneys Paloma Wu, Cliff Johnson, Cody C. Bailey, William Trey E. Jones III and Douglas T. Miracle-State Gov. Memo of Understanding entered into by the parties. The Court will schedule a telephonic status conference to be conducted in 120 days to discuss the status of settlement negotiations. Stay will remain in effect until then. (SR) (Entered: 10/22/2020)
NOTICE of Hearing: TELEPHONIC Status Conference set for 2/22/2021 10:00 AM before Magistrate Judge Robert P. Myers Jr. to discuss the status of settlement negotiations. Plaintiff will place the telephone call to Judge Myers' chambers with all necessary counsel on the line. (SR) (Entered: 10/22/2020)
17 NOTICE of Appearance by John G. Wheeler on behalf of Joe Errington, Ron King, Tommy Taylor (Wheeler, John) (Entered: 01/22/2021)
18 NOTICE of Appearance by Michael D. Chase on behalf of Joe Errington, Ron King, Tommy Taylor (Chase, Michael) (Entered: 01/22/2021)
DOCKET ANNOTATION as to # 17 and 18 . Attorneys are directed to correct the judge initials in the case number on the pleadings to: 3:20-cv-340-TSL-RPM. (ND) (Entered: 01/25/2021)

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; G?G<?L I@ NB? "CM;<CFCNS 1O<=F;MM @IL L?;MIHM CH=FO>CHA <ON HIN FCGCN?> NI NB? @;=N NB;N BCM

>CM;<CFCNC?MJONBCG;NCH=L?;M?>LCMEI@=IHNL;=NCHA<?=IGCHAM?P?L?FSCFF@LIG;H>IL>SCHA@LIG

!-4'" +L #QCHA FCP?M CH IH? I@ NB? OHCNM ;N !+!$ NB;N CM BIG? NI ; F;LA? JIJOF;NCIH I@

?F>?LFS;H>=BLIHC==;L?G?>C=;FJ;NC?HNMNB?;JJLIRCG;N?FSL?MC>?HNMMJ?H>GIMNI@NB?CLNCG?

CH;H>;GIHALIQMI@<OHE<?>MMJ;=?>;JJLIRCG;N?FS@IOL@??N;J;LN

 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 5 of 38 
 2IHS 1GCNB CM CH=;L=?L;N?> CH !+!$ &? CM  S?;LM IF> &? MO@@?LM @LIG BCAB <FII>JL?MMOL?=BIF?MN?LIF;H>;H?HF;LA?>JLIMN;N?;FFI@QBC=BB?GOMNN;E?G?>C=;NCIH@IL&? MO@@?LM @LIG ; >?A?H?L;NCP? DICHN >CM?;M? &? B;M ; >CM?;M? ;@@?=NCHA BCM MJCH? '@ B? GCMM?M BCM <FII>JL?MMOL?G?>C=;NCIHB?MO@@?LM@LIG<;>B?;>;=B?M;H>F?NB;LAS&?<LIE?BCMB;H><;>FS CH"?=?G<?LI@&CM<LIE?HB;H>B?;F?>CH=ILL?=NFS;H>B?CMMNCFFCHJ;CH&?CMQ;CNCHA@IL IONMC>?G?>C=;F=;L?NI@CRBCMB;H><ONNB?;JJICHNG?HNB;M<??H>?F;S?><SNB?J;H>?GC=+L 1GCNBCM;KO;FC@C?>CH>CPC>O;FQCNB;>CM;<CFCNSOH>?LNB?G?LC=;HMQCNB"CM;<CFCNC?M=NCHNB;N B?B;M;HCGJ;CLG?HNNB;NMO<MN;HNC;FFSFCGCNMG;DILFC@?;=NCPCNC?MCH=FO>CHA<ONHINFCGCN?>NI Q;FECHA ;H> MN;H>CHA &? CM MCGCF;LFS ; KO;FC@C?> CH>CPC>O;F QCNB ; >CM;<CFCNS @IL JOLJIM?M I@ 1?=NCIH  I@ NB? 0?B;<CFCN;NCIH =N +L 1GCNB CM ;N CH=L?;M?> LCME I@ =IHNL;=NCHA <?=IGCHA M?P?L?FSCFF@LIG;H>IL>SCHA@LIG!-4'"+L1GCNBFCP?MCHIH?I@NB?OHCNM;N!+!$NB;N CMBIG?NI;F;LA?JIJOF;NCIHI@?F>?LFS;H>=BLIHC==;L?G?>C=;FJ;NC?HNMNB?;JJLIRCG;N?FS L?MC>?HNMMJ?H>GIMNI@NB?CLNCG?CH;H>;GIHALIQMI@<OHE<?>MMJ;=?>;JJLIRCG;N?FS@IOL@??N ;J;LN
 ";HC?F&;NN?HCMCH=;L=?L;N?>CH!+$!&?MO@@?LM@LIGBCAB<FII>JL?MMOL?&CM BCAB<FII>JL?MMOL?F?;>MNI@L?KO?HNN?HMCIHB?;>;=B?MNB;NCGGI<CFCT?BCGIHBCM<?>&?Q;M MN;<<?>CHNB??S?CH$?<LO;LSI@QBC=BB?;F?>CGJLIJ?LFS&CM?S?CMJ;CH@OFB;MFCGCN?> GIP?G?HN;H>=;OM?MBCGNIM??>IO<F?&?MO@@?LM@LIGOF=?L;N?>B?GILLBIC>M+L&;NN?HCM; KO;FC@C?>CH>CPC>O;FQCNB;>CM;<CFCNSOH>?LNB?G?LC=;HMQCNB"CM;<CFCNC?M=NCHNB;NB?B;M;H CGJ;CLG?HN NB;N MO<MN;HNC;FFS FCGCNM G;DIL FC@? ;=NCPCNC?M CH=FO>CHA <ON HIN FCGCN?> NI M??CHA Q;FECHA ;H> MN;H>CHA &? CM MCGCF;LFS ; KO;FC@C?> CH>CPC>O;F QCNB ; >CM;<CFCNS @IL JOLJIM?M I@ 1?=NCIH  I@ NB? 0?B;<CFCN;NCIH =N +L &;NN?H CM ;N CH=L?;M?> LCME I@ =IHNL;=NCHA <?=IGCHA M?P?L?FSCFF@LIG;H>IL>SCHA@LIG!-4'"
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 6 of 38 
 "IOAF;MM2LCJF?NNCMCH=;L=?L;N?>CH1+!'&?CMS?;LMIF>&?MO@@?LM@LIG&'4 ;H>J;L;HIC>M=BCTIJBL?HC;FNBIOABB?CM=OLL?HNFSOH>?LNB?=;L?I@;JBSMC=C;H@ILBCM&'4B? B;MHINL?=?CP?>NL?;NG?HN@ILBCMJ;L;HIC>M=BCTIJBL?HC;@IL;JJLIRCG;N?FSNQ?HNSS?;LM&CM&'4 G;E?M BCG ?RNL?G?FS Q?;E F?NB;LAC= ;H> CGGI<CFCT?> &? ;FMI B;M FCNNF? NI HI ;JJ?NCN? QCNB N?LLC<F? J;CH CH BCM MNIG;=B ?=;OM? I@ NB?M? MSGJNIGM B? =;HHIN ?R?L=CM? FCE? B? HILG;FFS QIOF>&?;FMICMHINMOJJIM?>NI<?CHMOHFCABNMIB?=;HHINI@N?HAIIONMC>?+L2LCJF?NNCM; KO;FC@C?>CH>CPC>O;FQCNB;>CM;<CFCNSOH>?LNB?G?LC=;HMQCNB"CM;<CFCNC?M=NCHNB;NB?B;M;H CGJ;CLG?HN NB;N MO<MN;HNC;FFS FCGCNM G;DIL FC@? ;=NCPCNC?M CH=FO>CHA <ON HIN FCGCN?> NI ?;NCHA Q;FECHAMN;H>CHA=IH=?HNL;NCHANBCHECHA=IGGOHC=;NCHACGGOH?MSMN?G@OH=NCIHH?OLIFIAC=;F @OH=NCIH;H><L;CH@OH=NCIH&?CMMCGCF;LFS;KO;FC@C?>CH>CPC>O;FQCNB;>CM;<CFCNS@ILJOLJIM?MI@ 1?=NCIH  I@ NB? 0?B;<CFCN;NCIH =N &? CM ; G?G<?L I@ NB? "CM;<CFCNS 1O<=F;MM @IL L?;MIHM CH=FO>CHA<ONHINFCGCN?>NINB?@;=NNB;NBCM>CM;<CFCNC?MJONBCG;NCH=L?;M?>LCMEI@=IHNL;=NCHA <?=IGCHAM?P?L?FSCFF@LIG;H>IL>SCHA@LIG!-4'"
 I<&?H>?LMIHCMCH=;L=?L;N?>CH1+!'&?MO@@?LM@LIGH?OLI@C<LIG;NIMCM&CM >CM?;M?=;OM?MNOGILMNIALIQIHBCMMJCH?;H>H?LPIOMMSMN?G;MQ?FF;M<INBCHMC>?;H>IONMC>? BCM<I>S'N;FMI=;OM?MBCAB<FII>JL?MMOL?;FN?L?>PCMCIH>C@@C=OFNSQ;FECHA;H>JLI<F?GMQCNB QBCN?<FII>=?FFM&?CMHINL?=?CPCHANB?H?=?MM;LS+0'M;H>NL?;NG?HN@ILBCMH?OLI@C<LIG;NIMCM ;H>CMQ?;E=;HHINQ;FEILMN;H>@IL;JLIFIHA?>NCG?;H>L?KOCL?MGIL?MCAHC@C=;HNFSGIL?MF??J NB;H ;H ;P?L;A? J?LMIH &? B;M ;FMI MO@@?L?> @LIG >?JL?MMCIH +L &?H>?LMIH CM ; KO;FC@C?> CH>CPC>O;FQCNB;>CM;<CFCNSOH>?LNB?G?LC=;HMQCNB"CM;<CFCNC?M=NCHNB;NB?B;M;HCGJ;CLG?HN NB;N MO<MN;HNC;FFS FCGCNM G;DIL FC@? ;=NCPCNC?M CH=FO>CHA <ON HIN FCGCN?> NI MF??JCHA M??CHA Q;FECHA MN;H>CHA H?OLIFIAC=;F @OH=NCIH ;H> =CL=OF;NILS @OH=NCIH &? CM MCGCF;LFS ; KO;FC@C?> CH>CPC>O;FQCNB;>CM;<CFCNS@ILJOLJIM?MI@1?=NCIHI@NB?0?B;<CFCN;NCIH=N&?CM;G?G<?L
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 7 of 38 
I@NB?"CM;<CFCNS1O<=F;MM@ILL?;MIHMCH=FO>CHA<ONHINFCGCN?>NINB?@;=NNB;NBCM>CM;<CFCNC?MJON BCG;NCH=L?;M?>LCMEI@=IHNL;=NCHA<?=IGCHAM?P?L?FSCFF@LIG;H>IL>SCHA@LIG!-4'"
 #LCE*?QCMCMCH=;L=?L;N?>CH1+!'&?CMS?;LMIF>&?MO@@?LM@LIG=BLIHC= ;MNBG;&?I@N?HMNLOAAF?MNI<L?;NB?>O?NIBCM;MNBG;&CM;MNBG;G;E?M;HS;=NCPCNSCH=FO>CHA Q;FECHAILN;FECHA>C@@C=OFN&?MO@@?LM@LIGM?P?L?GCAL;CH?M+L*?QCMCM;KO;FC@C?>CH>CPC>O;F QCNB ; >CM;<CFCNS OH>?L NB? G?LC=;HM QCNB "CM;<CFCNC?M =N CH NB;N B? B;M ;H CGJ;CLG?HN NB;N MO<MN;HNC;FFS FCGCNM G;DIL FC@? ;=NCPCNC?M CH=FO>CHA <ON HIN FCGCN?> NI Q;FECHA MJ?;ECHA =IGGOHC=;NCHA<L?;NBCHA;H>L?MJCL;NILS@OH=NCIH&?CMMCGCF;LFS;KO;FC@C?>CH>CPC>O;FQCNB; >CM;<CFCNS@ILJOLJIM?MI@1?=NCIHI@NB?0?B;<CFCN;NCIH=N&?CM;G?G<?LI@NB?"CM;<CFCNS 1O<=F;MM@ILL?;MIHMCH=FO>CHA<ONHINFCGCN?>NINB?@;=NNB;NBCM>CM;<CFCNC?MJONBCG;NCH=L?;M?> LCMEI@=IHNL;=NCHA<?=IGCHAM?P?L?FSCFF@LIG;H>IL>SCHA@LIG!-4'"
 2BIG;M&IF>?LCMCH=;L=?L;N?>CH1+!'&?CMS?;LMIF>&?MO@@?LM@LIG@;=C;F =;H=?LQBC=BB;M>CM@CAOL?>BCM@;=?&?B;M<??H>C;AHIM?>QCNB>C;<?N?M&?;FMIMO@@?LM@LIG NSJ?IH?<CJIF;L>CMIL>?LQBC=BCMNB?GIMNM?P?L?@ILGI@NB?>CM?;M?&?<?=IG?MG;HC=C@BCM <CJIF;L>CMIL>?LCMHINNL?;N?>ILB?<?=IG?MMNL?MM?>&CM<CJIF;L>CMIL>?L=;OM?MBCGNI<?=IG? P?LS;ACN;N?>;H>B;P?NLIO<F?MF??JCHA+L&IF>?LCM;KO;FC@C?>CH>CPC>O;FQCNB;>CM;<CFCNSOH>?L NB?G?LC=;HMQCNB"CM;<CFCNC?M=NCHNB;NB?B;M;HCGJ;CLG?HNNB;NMO<MN;HNC;FFSFCGCNMG;DIL FC@?;=NCPCNC?MCH=FO>CHA<ONHINFCGCN?>NIMF??JCHA=IH=?HNL;NCHANBCHECHA;H><L;CH@OH=NCIH &? CM MCGCF;LFS ; KO;FC@C?> CH>CPC>O;F QCNB ; >CM;<CFCNS @IL JOLJIM?M I@ 1?=NCIH  I@ NB? 0?B;<CFCN;NCIH=N&?CM;G?G<?LI@NB?"CM;<CFCNS1O<=F;MM@ILL?;MIHMCH=FO>CHA<ONHINFCGCN?> NINB?@;=NNB;NBCM>CM;<CFCNC?MJONBCG;NCH=L?;M?>LCMEI@=IHNL;=NCHA<?=IGCHAM?P?L?FSCFF@LIG ;H>IL>SCHA@LIG!-4'"+L#QCHAFCP?MCHIH?I@NB?OHCNM;N1+!'NB;NCMBIG?NI;F;LA?
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 8 of 38 
JIJOF;NCIH I@ ?F>?LFS ;H> =BLIHC= =;L? G?>C=;F J;NC?HNM NB? ;JJLIRCG;N?FS  L?MC>?HNM MJ?H> GIMNI@NB?CLNCG?CH;H>;GIHALIQMI@<OHE<?>MMJ;=?>;JJLIRCG;N?FS@IOL@??N;J;LN
 (;G;L=OM";PCMCMCH=;L=?L;N?>CH1+!'&?MO@@?LM@LIG;HRC?NS;H>>?JL?MMCIH &CMMSGJNIGMB;P?<?=IG?GIL?M?LCIOMIP?LNB?=IOLM?I@NB?J;H>?GC=
 FFI@NB?M?.F;CHNC@@MFCP?CHJLCMIHMQB?L?NB?"?@?H>;HNM;H>NB?CL;A?HNMB;P? HIN;>?KO;N?FSCGJF?G?HN?>M;@?AO;L>ML?A;L>CHA!-4'"CHPCIF;NCIHI@NB?!IHMNCNONCIH;H> @?>?L;F F;QM ;M >?M=LC<?> CH NBCM =IGJF;CHN M ; L?MOFN NB? LCME I@ =IHNL;=NCHA ;H> MO@@?LCHA IL >SCHA@LIG!-4'"B;M>L;G;NC=;FFSCH=L?;M?>@IL?;=BI@NB?M?CH>CPC>O;FM


  "?@?H>;HN 2IGGS 2;SFIL CM NB? 'HN?LCG !IGGCMMCIH?L !IGGCMMCIH?L  @IL NB? +CMMCMMCJJC"?J;LNG?HNI@!ILL?=NCIHM+"-! ;H>CMMO?>CHBCMI@@C=C;F=;J;=CNS0?@?L?H=?MNI +"-!B?L?CH;FMIL?@?LNI!IGGCMMCIH?L2;SFILM!IGGCMMCIH?L2;SFILCML?MJIHMC<F?@ILNB? IJ?L;NCIH I@ NB? +"-! +CMMCMMCJJC\M JLCMIH MSMN?G ;H> CNM JLCMIHM ;H> CM L?MJIHMC<F? @IL CHMOLCHA=IGJFC;H=?QCNBNB?3HCN?>1N;N?M!IHMNCNONCIH;H>@?>?L;FF;QM  "?@?H>;HN 0IH )CHA CM NB? 1OJ?LCHN?H>?HN I@ !+!$ ;H> CM MO?> CH BCM I@@C=C;F =;J;=CNS 'H NB;N =;J;=CNS B? CM L?MJIHMC<F? @IL NB? IJ?L;NCIH I@ !+!$ ;H> CM L?MJIHMC<F? @IL CHMOLCHA=IGJFC;H=?QCNBNB?3HCN?>1N;N?M!IHMNCNONCIH;H>@?>?L;FF;QM;N!+!$0?@?L?H=?MNI !+!$B?L?CH;FMIL?@?LNI"?@?H>;HN)CHA  "?@?H>;HN(I?#LLCHANIHCMNB?1OJ?LCHN?H>?HNI@1+!';H>CMMO?>CHBCMI@@C=C;F =;J;=CNS 'H NB;N =;J;=CNS B? CM L?MJIHMC<F? @IL NB? IJ?L;NCIH I@ 1+!' ;H> CM L?MJIHMC<F? @IL CHMOLCHA=IGJFC;H=?QCNBNB?3HCN?>1N;N?M!IHMNCNONCIH;H>@?>?L;FF;QM;N1+!'0?@?L?H=?MNI 1+!'B?L?CH;FMIL?@?LNI"?@?H>;HN#LLCHANIH  +"-!!+!$;H>1+!';L?JO<FC=?HNCNC?MOH>?L2CNF?''I@NB?";H>L?=?CP? @?>?L;F@CH;H=C;F;MMCMN;H=?QCNBCHNB?G?;HCHAI@NB?0;H>B;P?;N;FFL?F?P;HNNCG?M
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 9 of 38 

 N;FFL?F?P;HNNCG?MNB?;=NCIHMI@"?@?H>;HNM;H>NB?CL;A?HNMQ?L?MN;N?;=NCIH

;H>Q?L?N;E?HOH>?L=IFILI@MN;N?F;Q

 



-*"&2)*1.(.2.77.77.44.&2)*<32)

 5? ;L? FCPCHA CH NB? GC>MN I@ ;H ?RNL?G? OHJL?=?>?HN?> QILF>QC>? B?;FNB

?G?LA?H=S=;OM?><SNB?L;JC>MJL?;>I@NB?=ILIH;PCLOM!-4'"

 -H +;L=B   +CMMCMMCJJC %IP?LHIL 2;N? 0??P?M CMMO?> ; JLI=F;G;NCIH

>?=F;LCHA ; >CM;MN?L CH NB? 1N;N? I@ +CMMCMMCJJC .L?MC>?HN 2LOGJ B;M >?=F;L?> !-4'" ;

H;NCIH;F?G?LA?H=S2B?5ILF>&?;FNB-LA;HCT;NCIHB;M>?=F;L?>CNNI<?;AFI<;FJ;H>?GC=

 5ILF>QC>?H?;LFSGCFFCIHCH>CPC>O;FMB;P?=IH@CLG?>>C;AHIM?MI@!-4'"

;H>GIL?NB;HB;P?>C?>

 =LIMM NB? 3HCN?> 1N;N?M NB?L? ;L? GIL? NB;H  GCFFCIH =IH@CLG?> =;M?M I@

!-4'";H>IP?LJ?IJF?B;P?>C?>

  +CMMCMMCJJC -@@C=? I@ NB? %IP?LHIL .LI=F;G;NCIH +;L    '<'/2'(2+ ': BNNJMQQQMIMGMAIP!IHN?HN>I=OG?HNM;<ION:OM5B;NM,?Q%IP?LHIL.LI=FIG;NCIH.O<FC=&?;FNBJ> @  .LI=F;G;NCIH IH "?=F;LCHA ; ,;NCIH;F #G?LA?H=S !IH=?LHCHA NB? ,IP?F !ILIH;PCLOM "CM?;M? !-4'"  -ON<L?;E +;L    ;P;CF;<F? ;N BNNJMQQQQBCN?BIOM?AIPJL?MC>?HNC;F ;=NCIHMJLI=F;G;NCIH>?=F;LCHAH;NCIH;F?G?LA?H=S=IH=?LHCHAHIP?F=ILIH;PCLOM>CM?;M?=IPC> ION<L?;E  0IFFCHA 3J>;N?M IH !ILIH;PCLOM "CM?;M? !-4'"  5ILF> &?;FNB -LA '<'/2'(2+ ': BNNJMQQQQBICHN?G?LA?H=C?M>CM?;M?MHIP?F=ILIH;PCLOM?P?HNM;MNB?SB;JJ?H F;MN PCMCN?> JL   5&- !ILIH;PCLOM "CM?;M? !-4'" ";MB<I;L>  5ILF> &?;FNB -LA '<'/2'(2+ ': BNNJM=IPC>QBICHNF;MNPCMCN?>+;S 
 !ILIH;PCLOM "CM?;M?  !-4'"  !IPC> CH NB? 31 !?HN?LM @IL "CM?;M? !IHNLIF ;H> .LIN?=NCIH '<'/2'(2+ ': BNNJMQQQ=>=AIP=ILIH;PCLOMH=IP=;M?MOJ>;N?M=;M?MCHOMBNGF F;MN PCMCN?>+;S 
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 10 of 38 
 MI@+;SNB?L?Q?L?I@!-4'"=;M?MCH+CMMCMMCJJC J?IJF?CH+CMMCMMCJJCB;P?>C?>@LIGNB?>CM?;M?!;M?NIN;FMCH+CMMCMMCJJC;L?LCMCHA;=LIMMNB? MN;N?QCNB?P?LSJ;MMCHA>;S
 !-4'"CM;H?RNL?G?FS>;HA?LIOMPCLOM'N=;HM?P?L?FS>;G;A?NB?FOHAM;H>
INB?LPCN;FILA;HMCH=FO>CHANB?B?;LN;H>FCP?L;H>OFNCG;N?FS=;OM?>?;NB
 2B?L?CMHIEHIQHP;==CH?=OL?ILNL?;NG?HN,IIH?CMCGGOH?
 +;HSJ;NC?HNMQBI>IHIN>C?MNCFFL?KOCL?BIMJCN;FCT;NCIH2BIM?QCNBM?LCIOM=;M?M
G;S@;=?JLIFIHA?>L?=IP?LSJ?LCI>M;H>MO@@?L@LIGH?OLIFIAC=;F>;G;A?;H>J?LG;H?HNFIMMI@ L?MJCL;NILS=;J;=CNS
 2B?@;N;FCNSL;N?I@!-4'"CH=L?;M?MQCNB;A?1J?=C@C=;FFSJ?IJF?IP?LQBI =IHNL;=N!-4'"@;=?B?CABN?H?>LCMEMI@M?LCIOMCFFH?MMIL>?;NB
 !-4'";FMIJONM;NJ;LNC=OF;LLCMECH>CPC>O;FMQCNBOH>?LFSCHAB?;FNB=IH>CNCIHM
ILINB?L>CM;<CFCNC?MCH=FO>CHAFOHA>CM?;M?B?;LN>CM?;M?=BLIHC=FCP?LILEC>H?S>CM?;M?>C;<?N?M
?JCF?JMS =IGJLIGCM?> CGGOH? MSMN?GM MO=B ;M @LIG =;H=?L &'4 IL ;ONICGGOH? >CM?;M? 
<FII>>CMIL>?LMCHB?LCN?>G?N;<IFC=>CMIL>?LMMNLIE?>?P?FIJG?HN;F>?F;S;H>;MNBG;.?IJF? QBI;L?JL?AH;HNG;S;FMI<?;NBCAB?LLCMEI@>?P?FIJCHAM?P?L?CFFH?MM@LIG!-4'"
 !ILIH;PCLOM"CM?;M?!-4'" !IPC>CH+CMMCMMCJJC;H>NB?31+CMMCMMCJJC1N;N?"?JN I@&?;FNB'<'/2'(2+':BNNJMGM>BGMAIPGM>BMCN?:MN;NC=BNGFF;MNPCMCN?>+;S  * * *V !ILIH;PCLOM"CM?;M?!-4'" -F>?L>OFNM!?HN?LM@IL"CM?;M?!IHNLIF;H>.L?P?HNCIH Y!"!Z  JL    '<'/2'(2+ ': BNNJMQQQ=>=AIP=ILIH;PCLOMH=IPH??>?RNL; JL?=;ONCIHMIF>?L;>OFNMBNGF  1++ !ILIH;PCLOM "CM?;M?  !-4'"  .?IJF? 5BI +;S ? ;N &CAB?L 0CME !"! '<'/2'(2+ ': BNNJMQQQ=>=AIP=ILIH;PCLOMH=IPH??>?RNL;JL?=;ONCIHMJ?IJF?;NBCAB?L LCMEBNGFF;MN;==?MM?>JL 
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 11 of 38 
 ON?P?LSIH?CM;NLCMEI@!-4'"2B?PCLOMCMECFFCHA?P?HB?;FNBS;>OFNM  !-4'" CM ; J;LNC=OF;LFS =IHN;ACIOM >CM?;M?  L?=?HN MNO>S MBIQ?> NB;N NB? PCLOM=;HMOLPCP?@ILOJNINBL??BIOLMCHNB?;CL@IOLBIOLMIH=IJJ?LOJNINQ?HNS@IOLBIOLMIH =;L><I;L>;H>OJNINQININBL??>;SMIHJF;MNC=;H>MN;CHF?MMMN??F  !IHNLIFFCHANB?MJL?;>I@!-4'"CMG;>??P?HGIL?>C@@C=OFN<?=;OM?I@NB? JLIGCH?H=?I@;MSGJNIG;NC=NL;HMGCMMCIH@LIGCH>CPC>O;FMQBI;L?=IHN;ACIOM<ONQBI?RBC<CN HI MSGJNIGM MSGJNIG;NC= NL;HMGCMMCIH L?H>?LM CH?@@?=NCP? M=L??HCHA NIIFM NB;N >?J?H> IH C>?HNC@SCHAMSGJNIGM  2B? !"! ;H> INB?L JO<FC= B?;FNB ;A?H=C?M B;P? OHCP?LM;FFS JL?M=LC<?> MI=C;F >CMN;H=CHA;H>LCAILIOMBSAC?H?;MNB?IHFSQ;SMNIG?;HCHA@OFFSGCNCA;N?NB?MJL?;>I@NBCMPCLOM 2IJLIJ?LFSJL;=NC=?MI=C;F>CMN;H=CHA?P?LSJ?LMIHMBIOF>L?G;CH;N;>CMN;H=?I@;NF?;MNMCR@??N @LIG?P?LSINB?LJ?LMIH0CAILIOMBSAC?H?MBIOF>CH=FO>?L?AOF;L;H>NBILIOABB;H>Q;MBCHA QCNBMI;J;H>Q;N?LNB?OM?I@;F=IBIF<;M?>B;H>M;HCNCT?LJLIJ?LMH??T?;H>=IOAB?NCKO?NN? ;H>@L?KO?HN=F?;HCHAI@;FFMOL@;=?M
  1++ '295 CFF %;N?M 0?MJIH>CHA NI !IPC> W  -H=?CH;!?HNOLS .;H>?GC= ,#5 #,% ( -$+#"$?<   2?MNM 1BIQ ,?Q 4CLOM *CP?M IH 1IG? 1OL@;=?M @IL 3J NI  ";SM 31 ,#51 +;L    BNNJMQQQOMH?QM=IGH?QMB?;FNBH?QM;LNC=F?MN?MNMMBIQH?QPCLOMFCP?MIHMIG? MOL@;=?M@ILOJNI>;SMF;MNPCMCN?>JL   (IBHHS +CF;HI 'H@?=N?> <ON $??FCHA $CH? 2B? 3HQCNNCHA !ILIH;PCLOM 1JL?;>?LM ,7 2CG?M BNNJMQQQHSNCG?M=IGB?;FNB=ILIH;PCLOM;MSGJNIG;NC=NL;HMGCMMCIHBNGF F;MN PCMCN?> JL   !ILIH;PCLOM "CM?;M?  !-4'"  1I=C;F "CMN;H=CHA /O;L;HNCH? ;H> 'MIF;NCIH !"! '<'/2'(2+':BNNJMQQQ=>=AIP=ILIH;PCLOMH=IPJL?P?HNA?NNCHAMC=EMI=C;F>CMN;H=CHABNGF  !ILIH;PCLOM "CM?;M?  !-4'"  &IQ NI .LIN?=N 7IOLM?F@ !"! '<'/2'(2+ ': BNNJMQQQ=>=AIP=ILIH;PCLOMH=IPJL?P?HNA?NNCHAMC=EJL?P?HNCIHBNGF F;MN PCMCN?> JL   
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 12 of 38 
 2B?!"!B;MCMMO?>AOC>;H=?NB;NJ?IJF?MBIOF>MNLC=NFSFCGCNNB?CL=IHN;=NQCNB INB?LM;H>;PIC>A;NB?LCHACHALIOJMI@GIL?NB;HN?H
 0?=IAHCTCHANB?OLA?HNH??>NIG;H>;N?MI=C;F>CMN;H=CHAMN;N?QC>?NIL?>O=?NB? MJL?;>I@!-4'"CH+CMMCMMCJJC\M=IGGOHCNC?MIHJLCF%IP?LHIL0??P?MCMMO?>; Y1B?FN?L CH .F;=?Z ?R?=ONCP? IL>?L L?KOCLCHA ;FF L?MC>?HNM NI MN;S ;N BIG? QCNB IHFS FCGCN?> ?R=?JNCIHM@ILY?MM?HNC;FZQILE?LM;H>;=NCPCNC?M
 %IP?LHIL0??P?MMO<M?KO?HNFSCMMO?>;Y1;@?L;N&IG?Z?R?=ONCP?IL>?LIHJLCF QBC=BL?F;R?>MIG?I@NB??G?LA?H=SG;H>;N?MCHJF;=?<ONOLA?>L?MC>?HNMNIL?G;CH ;N BIG? 2B? IL>?L ;FFIQ?> =?LN;CH HIH?MM?HNC;F <OMCH?MM?M NI L?IJ?H QBCF? ;>IJNCHA MNLC=N JL?=;ONCIH;LSG?;MOL?MCH=FO>CHAMI=C;F>CMN;H=CHAL?AOF;LM;HCN;NCIHOM?I@JLIN?=NCP?A?;L;H> L?>O=?> =;J;=CNS  %IP?LHIL 0??P?M ;G?H>?> BCM Y1;@?L ;N &IG?Z IL>?L IH +;S   NI ;ONBILCT?FCGCN?>CHBIOM?>CHCHA;NL?MN;OL;HNM;H><;LM&IQ?P?LB?;FMI;HHIOH=?>B?QIOF> >?F;S @OLNB?L L?IJ?HCHAM =CNCHA ; MJCE? CH =ILIH;PCLOM =;M?M ;H> >?;NBM  2B? ;HHIOH=?G?HN =;G?;@N?L+CMMCMMCJJCB?;FNBI@@C=C;FML?JILN?>H?QCH@?=NCIHM;H>H?Q>?;NBMIH+;S
 !ILIH;PCLOM"CM?;M?!-4'" 0?MIOL=?M@IL*;LA?#P?HNM;H>+;MM%;NB?LCHAM!"! '<'/2'(2+':BNNJMQQQ=>=AIP=ILIH;PCLOMH=IP=IGGOHCNSF;LA??P?HNMCH>?RBNGFF;MNPCMCN?> JL  "+++CMMCMMCJJC-@@C=?I@NB?%IP?LHIL#R?=ONCP?-L>?L,IJL '<'/2'(2+': BNNJMQQQGMMOJ?LPCMILMILAMCN?M>?@;OFN@CF?M#-1N;S;N&IG?J>@ "+++CMMCMMCJJC-@@C=?I@NB?%IP?LHIL#R?=ONCP?-L>?L,IJL '<'/2'(2+': BNNJMQQQMIMGMAIP=IHN?HN?R?=ONCP?IL>?LM#R?=ONCP?-L>?LMJ>@ * "+++CMMCMMCJJC-@@C=?I@NB?%IP?LHIL#R?=ONCP?-L>?L,I+;S '<'/2'(2+': BNNJMMIMGMAIP=IHN?HN?R?=ONCP?IL>?LM#R?=ONCP?-L>?LMJ>@ 5CFF+;LNCH+CMMCMMCJJC\MAIP?LHIL<;=ENL;=E?>IH?H>CHANB?MN;N?\MFI=E>IQH;@N?LNB?MN;N? M;QCNM<CAA?MNCH=L?;M?CH=ILIH;PCLOM>?;NBM;H>=;M?M OMCH?MM'HMC>?L+;S '<'/2'(2+': BNNJMQQQ<OMCH?MMCHMC>?L=IGGCMMCMMCJJCAIP?LHIL<;=EM>IQHIHL?IJ?HCHA;@N?L<CAA?MN =IPC>MJCE?
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 13 of 38 
XNB?F;LA?MNMCHAF?>;SCH=L?;M?NII==OLCHNB?MN;N?-H+;S%IP?LHIL0??P?M ?RN?H>?>BCMY1;@?L;N&IG?ZIL>?LNIL?G;CHCH?@@?=NNBLIOAB+;S  -*"&2)*1.(.26.7327
 2B?=ILIH;PCLOMB;MMJL?;>L;JC>FSCHP;LCIOMJLCMIH?HPCLIHG?HNM  'H +CMMCMMCJJC\M 7;TII !CNS $?>?L;F !ILL?=NCIH;F !IGJF?R  CHG;N?M ;H>  MN;@@ G?G<?LM ;L? L?JILN?> NI B;P? N?MN?> JIMCNCP? @IL !-4'" ;M I@ +;S   ;H> IH? CHG;N?B;M>C?>  S +;S   ;N F?;MN  CHG;N?M CH MN;N? ;H> @?>?L;F JLCMIHM B;> N?MN?> JIMCNCP?@ILNB?CFFH?MM;J?L=?HNCH=L?;M?@LIGNB?Q??E<?@IL?'HNB?@?>?L;FMSMN?G;FIH?  CHG;N?M ;H>  MN;@@ G?G<?LM B;P? =IH@CLG?> JIMCNCP? N?MN L?MOFNM @IL !-4'" H;NCIHQC>?I@NBIM?CHG;N?MB;P?>C?>I@!-4'"MSGJNIGM  2B??RJ?LC?H=?I@INB?LMN;N?MMBIQMNB;NIH=?!-4'"<?ACHMMJL?;>CHAQCNBCH ;JLCMIHCNCMIHFS;G;NN?LI@NCG?OHNCFNB?ION<L?;EMJL?;>ML;JC>FS;H>BOH>L?>M;L?CH@?=N?>  $IL?R;GJF?CHNB?$?>?L;F!ILL?=NCIH;F!IGJF?RCH-;E>;F?*IOCMC;H;NB?@CLMN CHG;N?.;NLC=E(IH?MN?MN?>JIMCNCP?+;L=B;H>>C?>IH+;L=BMCH=?NB?H;NF?;MNM?P?H
 *  "+++CMMCMMCJJC-@@C=?I@NB?%IP?LHIL#R?=ONCP?-L>?L,I+;S '<'/2'(2+': BNNJMQQQMIMGMAIP=IHN?HN?R?=ONCP?IL>?LM#R?=ONCP?-L>?LMJ>@ *   1N;N?<S1N;N? *IIE ;N !ILIH;PCLOM CH .LCMIHM 2B? +;LMB;FF .LID?=N '<'/2'(2+ ': .::69===:.+3'89.'226850+):58-    
'9:':+(?9:':+2551':)5854'</8;9/468/9549 F;MN PCMCN?>+;S   !-4'" !ILIH;PCLOM !-4'" !;M?M $?>?L;F OL?;O I@ .LCMIHM '<'/2'(2+ ': BNNJMQQQ<IJAIP=ILIH;PCLOMF;MNPCMCN?>+;S  (;H?N0?CNG;HC"53+:./4-95/4-:5>625*+D&.+45854'</8;9":8/1+9'8/954,72'+#1 JL    '<'/2'(2+ ': BNNJMQQQHSNCG?M=IGG;A;TCH?I;E>;F?@?>?L;FJLCMIH =ILIH;PCLOMBNGF;ONBFIACH?G;CFFIACH?G;CF
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 14 of 38 
GIL?CHG;N?MB;P?>C?>I@!-4'"GIL?NB;H;>>CNCIH;FCHG;N?MB;P?<??HBIMJCN;FCT?> ;H>;NF?;MNCHG;N?M;H>MN;@@G?G<?LMB;P?N?MN?>JIMCNCP?
 NNB?2?LGCH;F'MF;H>$?>?L;F!ILL?=NCIH;F'HMNCNONCIHCH1;H.?>LI!;FC@ILHC;
NB?HOG<?LI@=IH@CLG?>=;M?M=FCG<?>NIIH+;SOJ@LIGNB?=;M?ML?JILN?>CH GC>JLCF2B?HOG<?LI@CH@?=N?>CHG;N?MHIQ=IHMNCNON?MH?;LFSJ?L=?HNI@1;H.?>LI\M J?HCN?HNC;LSJIJOF;NCIH
 NNB?$?>?L;F+?>C=;F.LCMIHCH$ILN5ILNB2?R;MNB?HOG<?LI@=IH@CLG?>=;M?M
DOGJ?>@LIGNI<?NQ??HJLCF;H>JLCFNB?HOG<?LB;MMCH=?CH=L?;M?> NICHDOMNIP?LNBL??Q??EM
 'H,ILNB!;LIFCH;;NNB?,?OM?!ILL?=NCIH;F'HMNCNONCIHNB?HOG<?LI@=IH@CLG?>
=;M?MI@!-4'"Q?HN@LIGNQINICHDOMNNQIQ??EMG?;HCHAGIL?NB;HB;F@I@CNMCHG;N? JIJOF;NCIHCMHIQ=IH@CLG?>NIB;P?NB?PCLOM
  * !-4'" !ILIH;PCLOM !-4'" !;M?M $?>?L;F OL?;O I@ .LCMIHM '<'/2'(2+ ': BNNJMQQQ<IJAIP=ILIH;PCLOMF;MNPCMCN?>+;S   !-4'" !ILIH;PCLOM !-4'" !;M?M $?>?L;F OL?;O I@ .LCMIHM '<'/2'(2+ ': BNNJMQQQ<IJAIP=ILIH;PCLOMF;MN;==?MM?>+;S +IL?NB;H2?LGCH;F'MF;H>JLCMIH CHG;N?M N?MN JIMCNCP? @IL !-4'" *IHA ?;=B .IMN JL    '<'/2'(2+ ': BNNJMF<JIMN=IGH?QMN?LGCH;FCMF;H>JLCMIH=ILIH;PCLOMB;F@ 0C=B;L>5CHNIH!ILIH;PCLOMION<L?;E;N2?LGCH;F'MF;H>JLCMIHQILM?HM>?;NBM;H>CH@?=N?> * 2CG?M JL    '<'/2'(2+ ': BNNJMQQQF;NCG?M=IG=;FC@ILHC;MNILSF; =ILIH;PCLOMION<L?;EN?LGCH;FCMF;H>JLCMIHQILM?HM 1=INN%IL>IH%
'9+9+'82? ;'*8;62+49/*+58:&58:.+*/)'28/954, ! '<'/2'(2+':BNNJMQQQH<=>@Q=IGH?QM=ILIH;PCLOM=IPC>=;M?MKO;>LOJF?NI;N@ILNQILNB @?>?L;FJLCMIH  !-4'" !ILIH;PCLOM !-4'" !;M?M $?> OL?;O I@ .LCMIHM Y -.Z  '<'/2'(2+ ': BNNJMQQQ<IJAIP=ILIH;PCLOMF;MNPCMCN?>+;S  2?MN.IMCNCP?@IL!-4'"N,!.LCMIH,?;L%IF>M<ILI557,?QMJL  BNNJMQQQQQ;SNP=IGN?MNJIMCNCP?@IL=IPC>;NH=JLCMIHH?;LAIF>M<ILI
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 15 of 38 
 H>;NNB? ONH?L@?>?L;FJLCMIHCH,ILNB!;LIFCH;CNNIIEIHFS@CP?>;SM@ILNB?
HOG<?LI@=IH@CLG?>!-4'"=;M?MNIMOLA?@LIGMCHAF?>CACNMNIH?;LFS
 N2LIOM>;F?2OLH?L!ILL?=NCIH;F!?HN?LCH&;LNMPCFF?2?HH?MM??NB?HOG<?LI@
=IH@CLG?>=;M?MDOGJ?>@LIGMCHAF?>CACNMNICHG;N?M;H>MN;@@G?G<?LMCHF?MMNB;HIH?
Q??E-P?LB;F@I@NB?JLCMIH\MJIJOF;NCIHCMCH@?=N?>;H>IH?CHG;N?B;M>C?>I@!-4'"
MSGJNIGM
 2B?D;CFIH0CE?LM'MF;H>CH,?Q7ILE!CNSQ?HN@LIG;MCHAF?=IH@CLG?>=;M?NI
=;M?MCHDOMNIP?LNQIQ??EM
 'H!IIE!IOHNS'FFCHICMNB?HOG<?LI@JIMCNCP?=;M?MCHNB?=IOHNSD;CFLIM?@LIG
NICHDOMNNQIQ??EM
 NIH?JICHN;HION<L?;E;N+;LCIH!ILL?=NCIH;F'HMNCNONCIHCH-BCIQ;MNB?F;LA?MN
EHIQH MIOL=? I@ =ILIH;PCLOM CH@?=NCIHM CH NB? 3HCN?> 1N;N?M -P?L  I@ NB? CH>CPC>O;FM
  !-4'" =;M?M ;N @?>?L;F JLCMIH CH ONH?L DOGJ @LIG  NI  CH @CP? >;SM ! 1  JL    '<'/2'(2+ ': BNNJMQQQ=<M=IGH?QMFI=;FH?QM=IPC>=;M?M;N@?>?L;FJLCMIHCH <ONH?LDOGJ@LIGNICH@CP?>;SM  2"-! 'HG;N?M 4-"' 2?MNCHA 2?HH?MM?? "?J;LNG?HN I@ !ILL?=NCIHM '<'/2'(2+ ': BNNJMQQQNHAIP=IHN?HN>;GNH=ILL?=NCIH>I=OG?HNM2"-!'HG;N?M!-4'"J>@ F;MN PCMN?> +;S    !IL?!CPC= 0?F?;M?M !-4'" 2?MNCHA 0?MOFNM @IL 2LIOM>;F? 2OLH?L !ILL?=NCIH;F !?HN?L !IL?!CPC= '<'/2'(2+ ': BNNJMQQQ=IL?=CPC==IG=IL?=CPC=L?F?;M?M=IPC>N?MNCHA L?MOFNM@ILNLIOM>;F?NOLH?L=ILL?=NCIH;F=?HN?LF;MNPCMCN?>+;S  *F;MNPCMCN?>+;S   !-4'" 'H@?=NCIH 2L;=ECHA CH ,7! (;CFM 2B? *?A;F C> 1I=C?NS '<'/2'(2+ ': BNNJMF?A;F;C>HS=ILA=IPC>CH@?=NCIHNL;=ECHACHHS=D;CFMF;MNPCMCN?>JL   2SF?L )?H>;FF A&+D8+ ': ='8 =/:. 45 =+'6549B 5854'</8;9 )'9+9 9;8-+ /49/*+ ./)'-5D9 551 5;4:? 0'/2 ! 1 ,#51 JL    ;P;CF;<F? ;N BNNJMQQQ=<MH?QM=IGH?QM=BC=;AI =IIE=IOHNSD;CF=ILIH;PCLOMFC@?CHMC>?=IPC>=;M?M 0C=E0ID;M;H>+C=B;?F!IIJ?L%?ILAC;2?HH?MM??;H>1IONB!;LIFCH;1;S OMCH?MM?M!;H0?IJ?H 1IIH,72'+#1JL '<'/2'(2+':BNNJMQQQHSNCG?M=IGOM=ILIH;PCLOMOM BINMJINML?IJ?HCHABNGF
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 16 of 38 
CH=;L=?L;N?>;N+;LCIH!'N?MN?>JIMCNCP?XCHINB?LQIL>MIP?LI@NB?CHG;N?M2B;N =IOHNSCMHIQ?RJ?LC?H=CHA;<IP?;P?L;A?L;N?MI@=IGGOHCNSMJL?;>IONMC>?NB?JLCMIH
 'HLE;HM;M;HION<L?;E;NNB?"?J;LNG?HNI@!ILL?=NCIHM\!OGGCHM3HCNMJL?;> L;JC>FS2B?ION<L?;ECM<?FC?P?>NIB;P?MN;LN?>;@N?L;MCHAF?MN;@@G?G<?LN?MN?>JIMCNCP?CHF;N? +;L=B S JLCF  NB? @;=CFCNS\M @CLMN CHG;N? N?MN?> JIMCNCP? 5CNBCH ; @?Q >;SM CN Q;M =IH@CLG?>NB;NIONI@NB?INB?LCHG;N?MBIOM?>CHNB;NCHG;N?\M<;LL;=EMQ?L?;FMICH@?=N?>
SJLCFNB?@;=CFCNSB;>IP?L=IH@CLG?>CH@?=NCIHMQBC=B;==IOHN?>@ILH?;LFSIH?NBCL> I@;FF=IH@CLG?>=;M?MCHNB??HNCL?MN;N?  -**6.397&61 -&8&"98'6*&/.2&.77.77.44.6.732#390)&97*
 H ION<L?;E CH +CMMCMMCJJC\M MN;N? JLCMIHM QB?L? J?IJF? ;L? OH;<F? NI JL;=NC=? MI=C;F>CMN;H=CHA;H>PCACF;HNBSAC?H?QIOF><?MCGCF;LFS>?P;MN;NCHA;H>OH=IHNLIFF;<F?
 !-4'" CM MJL?;>CHA L;JC>FS ;=LIMM JLCMIH @;=CFCNC?M <?=;OM? CN CM ?RNL?G?FS >C@@C=OFN NI G;CHN;CH NB? MI=C;F >CMN;H=CHA NB;N CM L?KOCL?> NI GCNCA;N? CN .LCMIH @;=CFCNC?M ;L? ?HPCLIHG?HNMQB?L?J?IJF?<S>?@CHCNCIHFCP?CH=FIM?KO;LN?LM
 1;L;B4IFJ?HB?CH'8/5468/954)5854'</8;95;:(8+'19++6/4-/4:52'8-+8)533;4/:?+0'-, 120JL BNNJMQQQG;LCIHMN;L=IGMNILSH?QMFI=;FG;LCIHJLCMIHIBCI =ILIH;PCLOMION<L?;EM??JCHACHNIF;LA?L=IGGOHCNS * (IBH+ILCNT81'49'968/954,'83=581+8.'9)5</*
35,,/)/'29'?9LE"?GI=L;N%;T?NN?JL BNNJMQQQ;LE;HM;MIHFCH?=IGH?QM;JLJLCMIH@;LGQILE?LB;M=IPC>I@@C=C; +;R L;HNF?S5854'</8;9;6*':+/-0;36/4;33/4968/954)'9+9'-5'25,(+-/44/4-'8+:;84 :5 =581 '?  LE 2CG?M JLCF   BNNJM;LENCG?M=IG;LE;HM;M<FIA=ILIH;PCLOM OJ>;N?<CADOGJCH=OGGCHMJLCMIH=;M?M;AI;FI@<?ACHHCHA;L?NOLHNIQILEG;S *  +?AB;H 0IIM 4+ 81'49'9 8/954 '1+ $6 2359: ' #./8* 5, ":':+D9 5854'</8;9 '9+9 ,#515##)JL '<'/2'(2+':BNNJMQQQH?QMQ??E=IGIH?;LE;HM;MJLCMIHG;E?M;FGIMN NBCL>MN;N?M=ILIH;PCLOM=;M?M
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 17 of 38 
 #P?HCMIF;NCIHCHMCHAF?=?FFM@ILNBIM?QBIB;P?<??H=IH@CLG?>NIB;P?!-4'" >I?MHIN?FCGCH;N?NB?LCMEI@=IHN;ACIH>O?NIMB;L?>P?HNCF;NCIHMSMN?GM;H>NB?H?=?MMCNSI@ J?LMIH;F=IHN;=NCHJL?J;LCHA;H>M?LPCHAG?;FM
 2B?LCMEI@=IHNL;=NCHA;HCH@?=NCIOM>CM?;M?CM;FMIBCAB?LCH=ILL?=NCIH;F@;=CFCNC?M <?=;OM?NB?@;=CFCNC?M;L?HINM;HCN;LS?HPCLIHG?HNM.?IJF?MB;L?NICF?NMMCHEM;H>MBIQ?LM;H> I@N?H B;P? FCGCN?> ;==?MM NI MI;J B;H> M;HCNCT?L BIN Q;N?L ;H> INB?L H?=?MM;LS BSAC?H? CN?GM 1OL@;=?M;L?CH@L?KO?HNFSQ;MB?>C@;N;FF;H>=F?;HCHAMOJJFC?M;L?CHMBILNMOJJFS
 +IL?IP?LG;HS=ILL?=NCIH;F@;=CFCNC?MF;=ENB?;>?KO;N?G?>C=;F=;L?CH@L;MNLO=NOL? NI;>>L?MMNB?MJL?;>I@CH@?=NCIOM>CM?;M?FCE?!-4'";H>NL?;NBCABLCMEJ?IJF?CH=OMNI>S .LCMIHB?;FNBOHCNM;L?I@N?HHIN?KOCJJ?>QCNBMO@@C=C?HNJ?LMIH;FJLIN?=NCP??KOCJG?HN@ILJ?IJF? QBI;L?CH=;L=?L;N?>;H>=;L?ACPCHAMN;@@CH=L?;MCHALCMEMI@;QC>?MJL?;>ION<L?;E+IMNJLCMIH B?;FNB @;=CFCNC?M B;P? ?RNL?G?FS FCGCN?> ;==?MM NI ?G?LA?H=S G?>C=;F ?KOCJG?HN @IL J;NC?HNM CH L?MJCL;NILS>CMNL?MMMO=B;MIRSA?HN;HEM
 $ILNB?M?L?;MIHM;GIHAINB?LM?RJ?LNMB;P?Q;LH?>NB;NQC>?MJL?;>=IGGOHCNS NL;HMGCMMCIHI@!-4'"QCNBCH;JLCMIHCMFCE?FSNI=;OM?;>CMJLIJILNCIH;N?FSBCABGILN;FCNS L;N?

 *

*V

*

Y!ILL?=NCIH;F$;=CFCNC?M'H2B?1B;>IQ-@!-4'"3HCKO?!B;FF?HA?MH>.LIJIM?>1IFONCIHM

&?;FNB

@@;CLM

FIA

+;L=B



 

'<'/2'(2+

':

BNNJMQQQB?;FNB;@@;CLMILA>IB<FIA@OFF

 Y!-4'" CH !ILL?=NCIH;F 1?NNCHAM 3HCKO? !B;FF?HA?M ;H> .LIJIM?> 0?MJIHM?MZ +;L=B   '<'/2'(2+':BNNJM;G?H>OMQJ=IHN?HNOJFI;>M!-4'"CH!ILL?=NCIHM!B;FF?HA?M;H>

1IFONCIHMJ>@

 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 18 of 38

 .LCMIHM ;H> D;CFM I@N?H L?FS IH IONMC>? =IGGOHCNS BIMJCN;FM NI JLIPC>? GIL?
;>P;H=?>;H>CHN?HMCP?G?>C=;F=;L?"OLCHA;H?JC>?GC=NBCMQCFFFCE?FSHIN<?JIMMC<F?;MNBIM?
IONMC>?@;=CFCNC?M<?=IG?;NILIP?L=;J;=CNSNB?GM?FP?M
 %CP?HNBCML?;FCNSMCAHC@C=;HNFSL?>O=CHANB?HOG<?LI@J?IJF?CH=;L=?L;N?>CMNB?
IHFSQ;SNIJL?P?HN>?P;MN;NCHAFIMM?MI@FC@?CHNB?JLCMIHMSMN?G
 +;HS DO>A?M B;P? L?=IAHCT?> NB? OLA?HN H??> NI L?F?;M? JLCMIH?LM <?=;OM?
=IHNCHO?>CH=;L=?L;NCIHLCMEM;>?;NBM?HN?H=?1?P?L;FL?=?HN@?>?L;F=IOLNLOFCHAMIL>?LCHAL?F?;M?
B;P??RJF;CH?>NB?B?;FNBLCMEMXNINBIM?QBI;L?>?N;CH?>MN;@@;H>NB?IONMC>?=IGGOHCNS;N
F;LA?X=L?;N?><SF;LA?>?N;CH??JIJOF;NCIHM
 0?=IAHCTCHA NB? OLA?H=S I@ NBCM LCME G;HS DO>A?M JLIM?=ONILM ;H> =ILL?=NCIH;F
;ONBILCNC?M;=LIMMNB?=IOHNLSB;P?;LL;HA?>L?F?;M?MNIJLIN?=NCH>CPC>O;FM;H>NB?JO<FC=B?;FNB
-H+;L=BNNILH?S%?H?L;F ;LLCMMO?>;>CL?=NCP?NINB? I;L>I@.LCMIHMOLACHAL?>O=NCIH
I@NB?JLCMIHJIJOF;NCIHNBLIOABNB?OM?I@BIG?=IH@CH?G?HN
 1???A/3+4+@<&52,,I+*5"+;MM+;L IL>?LCHAL?F?;M?I@ >?N;CH?>CGGCAL;HNCHNB?GC>MNI@NB?!-4'"J;H>?GC=;H>HINCHANB;NY<?CHACH;D;CF?HB;H=?M LCMEZ ;H> NB;N CH D;CF YMI=C;F >CMN;H=CHA CM >C@@C=OFN IL CGJIMMC<F?Z  '9'41 < +)1+8 ,I =P 2 1",7 +;L    IL>?LCHA NB? L?F?;M? I@ N?H J?IJF? @LIG NBL?? CGGCAL;NCIH >?N?HNCIH@;=CFCNC?MCH,?Q(?LM?S<?=;OM?Y=IH@CHCHAPOFH?L;<F?CH>CPC>O;FMQCNBION?H@IL=?G?HN I@;JJLIJLC;N?MI=C;F>CMN;H=CHA;H>QCNBIONMJ?=C@C=G?;MOL?MNIJLIN?=NNB?CL>?FC=;N?B?;FNB[JIM?8M9 ;HOHL?;MIH;<F?LCMEI@M?LCIOM>;G;A?NI8NB?CL9@ONOL?B?;FNB\Z CHN?LH;F=CN;NCIHIGCNN?> #.'11+8< 522,I=P(#(5*;N
+".;+;L IL>?LCHAL?F?;M?I@ J?IJF?@LIGNBL??CGGCAL;NCIH>?N?HNCIH@;=CFCNC?MCH.?HHMSFP;HC;<?=;OM?YJL?P?HN;NCP?G?;MOL?MZ ;A;CHMNNB?YAL;P?=IHM?KO?H=?MZI@!-4'"=;HHIN<?JL;=NC=?>CHYNCABNFS=IH@CH?>OHBSAC?HC= MJ;=?MZ 8'/.':<&52,,I#"!42(&)1R !"!;F+;L IL>?LCHAL?F?;M? I@CH>CPC>O;F@LIGCGGCAL;NCIH>?N?HNCIH@;=CFCNS<?=;OM?!-4'"Y=;HMJL?;>OH=IHNLIFF;<FSQCNB >?P;MN;NCHAL?MOFNMCH;=LIQ>?>=FIM?>@;=CFCNSZ $4/:+*":':+9<!'359,I!0$"1 5*;N
"+;MM+;L MN;NCHANB;NYCNCMHINJIMMC<F?@IL;G?>C=;FFS POFH?L;<F?CHG;N?NICMIF;N?BCGM?F@CHNBCMCHMNCNONCIH;FM?NNCHA;ML?=IGG?H>?><SNB?!"!;H> AO;L>M;H>H?QFS;LL?MN?>CH>CPC>O;FMGOMN?HN?LNB?@;=CFCNSIH;>;CFS<;MCMZ  2B?!ILIH;PCLOM0?MJIHM?1JINFCABNIH1N;N?;H>*I=;F%IP?LHG?HNM2B?JJ?;F;P;CF;<F?;N BNNJMNB?;JJ?;FILAJIFCNC=;FL?JILN=ILIH;PCLOML?MJIHM?MN;N?FI=;FF;MNPCMCN?>JL  -@@C=?I@NB?NNILH?S%?H?L;F+?GIL;H>OG@IL"CL?=NILI@ OL?;O.LCMIHML?.LCILCNCT;NCIH I@&IG?!IH@CH?G?HNMJJLIJLC;N?CH0?MJIHM?NI!-4'".;H>?GC=+;L '<'/2'(2+ ':BNNJMQQQJIFCNC=I=IG@C>>;;>@>;
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 19 of 38 
 .LIM?=ONILM@LIG;LIOH>NB?=IOHNLSCH=FO>CHANBL??@LIG+CMMCMMCJJCB;P?CMMO?> ;MN;N?G?HNQ;LHCHANB;N;HYION<L?;EI@NB?=ILIH;PCLOMCH=OMNI>C;F@;=CFCNC?MQIOF>HINIHFS GIP?@;MNCNQIOF>JIN?HNC;FFS<?=;N;MNLIJBC=Z2B?MN;N?G?HNL?=IAHCT?MNB;NYD;CFM;H>JLCMIHM BIOM? >CMJLIJILNCIH;N?FS F;LA? HOG<?LM I@ J?IJF? QCNB =BLIHC= CFFH?MM?M ;H> =IGJF?R G?>C=;F H??>MNB;NG;HS@;=CFCNC?M;L?;FL?;>SCFF?KOCJJ?>NINL?;NZ2B?MN;N?G?HN;FMIL?=IAHCT?MNB;N Y>L;G;NC=;FFS L?>O=8CHA9 NB? HOG<?L I@ CH=;L=?L;N?> CH>CPC>O;FMZ CM H?=?MM;LS NI ;PIC> MO=B =IHM?KO?H=?MH>NB?&;LLCMIH!IOHNS+CMMCMMCJJC1B?LC@@2LIS.?N?LMIHB;ML?=IAHCT?>NB? LCMENB;N=ILIH;PCLOMJIM?MNICH=;L=?L;N?>J?IJF?HINCHANB;NIH=?=ILIH;PCLOMCMCHNLI>O=?>CH; D;CFYCHG;N?MAO;L>M;H>=ILL?=NCIHMI@@C=?LM?P?LS<I>SZQCFF<??RJIM?>;H>NB;NYNL;A?>SZQCFF L?MOFN
 #P?HJLCILNINB?!-4'"=LCMCMNB?+CMMCMMCJJCJLCMIHMSMN?GB;><??HOH>?L @?>?L;F CHP?MNCA;NCIH <S NB? "?J;LNG?HN I@ (OMNC=? 2B? MSMN?G CM HINILCIOMFS IP?L=LIQ>?> OH>?LMN;@@?>;H>CH;MN;N?I@>CML?J;CL
 -H(;HO;LS@IFFIQCHAION<L?;EMI@PCIF?H=?QCNBCHNB?JLCMIHMSMN?G;H> @CP?L?JILN?>>?;NBMF?;>?LMQCNBCHNB?MN;N?=;FF?>OJIHNB?"?J;LNG?HNI@(OMNC=?!CPCF0CABNM

  (ICHN 1N;N?G?HN @LIG #F?=N?> .LIM?=ONILM IH !-4'" ;H> >>L?MMCHA NB? 0CABNM ;H> ,??>M

I@ 2BIM? CH !OMNI>S ;N  +;L    '<'/2'(2+ ': BNNJM@;CL;H>DOMNJLIM?=ONCIHILAQJ =IHN?HNOJFI;>M!ILIH;PCLOM1CAH-H*?NN?LJ>@

*;N *;N

 +;LA;L?N ;E?L  5'9: 0'/29 8+2+'9+ 953+ /43':+9 *;8/4- :.+ )5854'</8;9 5;:(8+'1 +8+D9

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BNNJMQQQMOHB?L;F>=IGH?QMFI=;F;LNC=F?BNGF

0C=E0ID;M,:+8'5@+4+':.9;9:/)++6:4<+9:/-':+9/99/99/66/8/9549,72'+#1$?<

 '<'/2'(2+':BNNJMQQQHSNCG?M=IGOMJ;L=BG;HGCMMCMMCJJCJLCMIHMBNGF

*

 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 20 of 38 
"CPCMCIH NI CHP?MNCA;N? =IH>CNCIHM I@ =IH@CH?G?HN QCNBCH +"-! 2B? F?NN?L C>?HNC@C?> YM?P?L?
OH>?LMN;@@CHA;H>BILLC@C==IH>CNCIHMZ;MNB?<;MCM@ILNB?CHP?MNCA;NCIH
 2B?"?J;LNG?HNI@(OMNC=?CHP?MNCA;NCIH;HHIOH=?>$?<LO;LS@I=OM?MIH
YQB?NB?LNB?"?J;LNG?HNI@!ILL?=NCIHM;>?KO;N?FSJLIN?=NMJLCMIH?LM@LIGJBSMC=;FB;LGZ;N@IOL
I@+CMMCMMCJJC\MJLCMIHMCH=FO>CHA!+!$;H>1+!'
 $LIG  NI  MN;N? MJ?H>CHA IH +CMMCMMCJJC\M =ILL?=NCIH;F @;=CFCNC?M B;M
>?=FCH?><SIP?LGCFFCIH
 2B?HOG<?LI@>?;NBMCHNB?+CMMCMMCJJCJLCMIHMSMN?GB;MMN?;>CFSCH=L?;M?>@LIG
NB?GC>MQCNB>?;NBMCH$7;H>>?;NBMCH$7
 MI@JLCF;NF?;MNCH=;L=?L;N?>J?LMIHMCHNB?MN;N?JLCMIHMSMN?G
B;P?>C?>NBCMS?;L
 2B?@ILG?L!IGGCMMCIH?LI@+"-!L?=IAHCT?>CH(;HO;LSI@NB;N;YMN;@@CHA
=LCMCMZ=L?;N?>;YJL?MMOL?=IIE?LNSJ?MCNO;NCIHZ;N.;L=BG;H!+!$;H>1+!'+"-!J;SM
NB?FIQ?MNM;F;LC?M@IL=ILL?=NCIH;FMN;@@I@;HSMN;N?CHNB?=IOHNLS'HJLCFNB?!CPCF0CABNM
"CPCMCIHI@NB?3HCN?>1N;N?M"?J;LNG?HNI@(OMNC=?CMMO?>;L?JILNCHQBC=BCN=CN?>NB?F;<;G;
"?J;LNG?HNI@!ILL?=NCIHMY"-!Z @ILY?AL?ACIOMZ;H>Y>;HA?LIOMZMSMN?GQC>?OH>?LMN;@@CHA
 *?NN?L@LIG+CMMCMMCJJC=IGGOHCNSF?;>?LMNI#LC=1"L?C<;H>MMCMN;HNNNILH?S%?H?L;F!CPCF 0CABNM"CPCMCIH31"?J\NI@(OMNC=?8+!+7;+9:,5833+*/':+!4<+9:/-':/54/4:554*/:/5495, 54,/4+3+4: /4 :.+ /99/99/66/ +6'8:3+4: 5, 588+):/549 ;N  (;H    '<'/2'(2+ ': BNNJMCHNHSN=IG>;N;>I=OG?HNB?FJ?LL?KO?MN@IL=CPCFLCABNM CHP?M;==>?<IJNCGCT?>@OFFJ>@Y!0'.*?NN?LZ  (OMNC=?"?J;LNG?HNHHIOH=?M'HP?MNCA;NCIHCHNI!IH>CNCIHMCH$IOL+CMMCMMCJJC.LCMIHM31"?J\N I@(OMNC=?$?< '<'/2'(2+':BNNJMQQQDOMNC=?AIPIJ;JLDOMNC=?>?J;LNG?HN;HHIOH=?M CHP?MNCA;NCIH=IH>CNCIHM@IOLGCMMCMMCJJCJLCMIHM !0'.*?NN?L;N !0'.*?NN?L;N /99/99/66/8/954"?9:+3')+94<+9:/-':/54,.0 !0'.*?NN?L;N !0'.*?NN?L;N
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 21 of 38 
NB;N =IHNLC<ON?> NI FCE?FS PCIF;NCIHM I@ NB? #CABNB G?H>G?HN LCABNM I@ F;<;G; JLCMIH?LM "-!G;CHN;CHM;MN;@@CHAL;NCII@JLCMIH?LMJ?L=ILL?=NCIH;FI@@C=?LNNB??H>I@-=NI<?L  ?;=B +"-! MN;N?LOH @;=CFCNS B;> L;NCIM QILM? NB;H F;<;G;\M  JLCMIH?LM J?L =ILL?=NCIH;F I@@C=?L ;N .;L=BG;H  JLCMIH?LM J?L =ILL?=NCIH;F I@@C=?L ;N !+!$ ;H> ;H CH=L?>C<F?JLCMIH?LMJ?L=ILL?=NCIH;FI@@C=?L;N1+!'QBC=B@ILG?L+"-!!IGGCMMCIH?L 0I<?LN*(IBHMIH=;FF?>YOH=IHM=CIH;<F?Z;H>OHM;@?@ILG?L+"-!!IGGCMMCIH?LB;MF?> NB?L;NCII@=ILL?=NCIH;FI@@C=?LMNICH=;L=?L;N?>J?LMIHMCHNB?MN;N?YOH=IHM=CIH;<F?Z
 O>CNM;NGOFNCJF?+"-!@;=CFCNC?MB;P?MN;N?>NB;N>O?NIOH>?LMN;@@CHA+"-! @;CFMNIJ?L@ILGNB?GIMN<;MC=IJ?L;NCIHML?KOCL?>NILOHJLCMIHM.LCMIH?L=IOHNM@IL?R;GJF? ;L?J?L@ILG?>CH=ILL?=NFS;H>CH=IHMCMN?HNFS;H>A;HA=IHNLIFCMJL?P;F?HN;=LIMM@;=CFCNC?M
 'HMOG+"-!@;=CFCNC?M;L?'28+'*?CH;MN;N?I@=LCMCM-P?L=LIQ>?>;H>F;=ECHA NB?G?;HMNIMQC@NFSL?MJIH>NIG;HSG?>C=;F?G?LA?H=C?MOH>?LHILG;F=CL=OGMN;H=?M+"-! CMCH;J;LNC=OF;LFS>C@@C=OFNJIMCNCIHNI;>>L?MMNB?AL;P?;H>CGGCH?HN=B;FF?HA?MJIM?><SNB? !-4'"ION<L?;E " -*&2,*6397&2)!20&;+900<*+.(.*28140*1*28&8.323+"&2&,*1*28
6383(307&8&2)  "?@?H>;HNM B;P? @;CF?> NI N;E? L?;MIH;<F? MN?JM ;N !+!$ ;H> 1+!' NI JLIN?=N .F;CHNC@@M;H>NBIM?QBIM?MCGCF;LFS@LIGNL;HMGCMMCIHI@!-4'""?@?H>;HNMEHIQ;<ION;H>
  'HP?MNCA;NCIH I@ F;<;G;\M 1N;N? .LCMIHM @IL +?H W 31 "?J\N I@ (OMNC=? JL    '<'/2'(2+':BNNJMQQQDOMNC=?AIP=LN=;M?>I=OG?HN@CF?>IQHFI;>  (?LLS +CN=B?FF 4CIF?HN -HAICHA &?FF +CMMCMMCJJC .LCMIHM +;S ? 5ILM? NB;H F;<;G;M 5CFF "-( 1N?J CH !*0'-, *#"%#0 OA    '<'/2'(2+ ': BNNJMQQQ=F;LCIHF?>A?L=IGMNILSH?QMGCMMCMMCJJCJLCMIHM=IH>CNCIHMQILM?NB;H ;F;<;G;>IDPCIF?H=?=LO?FOHOMO;FJOHCMBG?HN  "++ ";CFS 'HG;N? .IJOF;NCIH W -=NI<?L  +CMM "?J\N I@ !ILLM ,IP    '<'/2'(2+ ': BNNJMQQQG>I=GMAIP>GCH$CH;H=?"I=OG?HNMHHO;F0?JILNJ>@ !0'.*?NN?L;N !0'.*?NN?L;N
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 22 of 38 
B;P?>CML?A;L>?>NB?I<PCIOMLCMEMNI.F;CHNC@@M\M;@?NS"?@?H>;HNMB;P?FCE?QCM?@;CF?>NIG;E? L?;MIH;<F? GI>C@C=;NCIHM NI NB?CL JLIAL;GM ;H> M?LPC=?M NI JLIN?=N CH>CPC>O;FM QBI MO@@?L @LIG >CM;<CFCNC?M;H>;L?;M;L?MOFNJ;LNC=OF;LFSPOFH?L;<F?NIM?LCIOMCFFH?MM;H>>?;NBL?MOFNCHA@LIG !-4'" CH@?=NCIH "?@?H>;HNM ;=NCIHM ;H> CH;=NCIHM IONFCH?> <?FIQ B;P? JON .F;CHNC@@M MCGCF;LFSMCNO;N?>L?MC>?HNMCHJ?LCF
 !+!$ CM NB? MN;N? I@ +CMMCMMCJJC\M F;LA?MN JLCMIH BIF>CHA ;JJLIRCG;N?FS  QIG?H;H>G?H1+!'CMNB?M?=IH>F;LA?MNJLCMIHBIF>CHA;JJLIRCG;N?FSG?H+"-! =OLL?HNFSB;M;JJLIRCG;N?FSG?H;H>QIG?HCH=OMNI>S
 +IMNI@NB?,;G?>.F;CHNC@@M;L?BIOM?>CHYIJ?H<;SZOHCNM;N!+!$;H>1+!' QBC=BA?H?L;FFSBIF>ILGIL?CH>CPC>O;FMCHLIQMI@<OHE<?>MMJ;=?>;JJLIRCG;N?FS@IOL@??N ;J;LN2B?INB?L,;G?>.F;CHNC@@M;L?BIOM?>CH=?FFM>?MCAH?>NIBIF>NQIJ?IJF?
 'NCMHINJIMMC<F?NIMN;SMCR@??N;J;LN@LIGINB?LM;N!+!$;H>1+!''HNB?IJ?H <;SOHCNMNB?L?CMMCGJFSHIN?HIOABMJ;=?FMINB?L?CM@IINNL;@@C=IH;HIHAICHA<;MCM<?NQ??H <OHEM;H>L?MC>?HNM;L?QCNBCHCH=B?MIL;=IOJF?I@@??NI@?;=BINB?L>;S;H>HCABN'H=?FF?> OHCNM =?FFG;N?M =;HHIN G;CHN;CH MCR @??N I@ >CMN;H=? <?NQ??H IH? ;HINB?L <?=;OM? I@ NB? =?FFM\ >CG?HMCIHM;H>>?MCAH;H>NB?=IGGIH;L?;M;L?=IGJL?MM?>
 +IMNI@NB?MJ;=?CHIJ?H<;SBIOMCHAOHCNM;N!+!$;H>1+!'CMN;E?HOJ<S L;=EM I@ <OHE <?>M ;H> NB? H;LLIQ MJ;=?M <?NQ??H NB?G 'N CM L?MC>?HNM\ FCPCHA MJ;=? +IMN L?MC>?HNM ?;N MF??J ;H> MI=C;FCT? @LIG NB?M? FCPCHA ;L?;M 0?MC>?HNM ?R=B;HA? JLIJ?LNS J;J?LM ;H>@II>IH;H><?NQ??HNB?L;=EM
 2B? =IGGIH ;L?; I@ IJ?H <;S OHCNM ;L? =IGJ;L;NCP?FS MG;FF !IGGIH ;L?;M CH OHCNMBIF>CHAILGIL?J?IJF?A?H?L;FFS=IHMCMNI@@IOLILMCRMG;FFN;<F?MQCNB@IOL;NN;=B?> MNIIFMJ?LN;<F?5B?L?NB?N;<F?M?H>NB?L;=EMI@<OHE<?>M<?ACH
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 23 of 38 
 1IG?,;G?>.F;CHNC@@MFCP?CHOHCNMNB;N;L?BIG?NI;F;LA?JIJOF;NCIHMI@?F>?LFS ;H>=BLIHC==;L?G?>C=;FJ;NC?HNM2B?;JJLIRCG;N?FSL?MC>?HNMCHNB?M?OHCNMMJ?H>GIMNI@ NB?CLNCG?CH;H>;GIHALIQMI@<OHE<?>MMJ;=?>;JJLIRCG;N?FS@IOL@??N;J;LN
 &IOMCHA OHCNM ;N !+!$ ;H> 1+!' ;L? >?MCAH?> NI <? MOJ?LPCM?> <S GOFNCJF? AO;L>M
 !+!$;H>1+!'>IHIN;FQ;SMB;P?AO;L>MMOJ?LPCMCHABIOMCHAOHCNM5B?HNB?S >I IH? AO;L> CM I@N?H MJFCN <?NQ??H NQI M?J;L;N? BIOMCHA OHCNM 1IG?NCG?M IH? AO;L> CM MJFCN <?NQ??H @IOL BIOMCHA OHCNM ;H> NQI M?J;L;N? <OCF>CHAM 2BCM G?;HM  NI  J?IJF? ;L? OHMOJ?LPCM?>;NIH?NCG?QB?HNB;NIH?AO;L>CMCHNL;HMCNILN?GJIL;LCFSOH;P;CF;<F?
 5B?HHIAO;L>CMJL?M?HNNB?L?CMHI;FN?LH;N?G?;HM<SQBC=B;L?MC>?HN=;H;==?MM G?>C=;F;MM?MMG?HNILCHN?LP?HNCIH
 N <INB !+!$ ;H> 1+!' J?IJF? B;P? <??H CH H??> I@ G?>C=;F ;NN?HNCIH ;H> OH;<F? NI I<N;CH CN <?=;OM? MN;@@ Q;M OH;P;CF;<F? IL OHL?MJIHMCP? $IL ?R;GJF? IH? ,;G?> .F;CHNC@@;N!+!$B;MFC@?NBL?;N?HCHA;MNBG;;NN;=EM+?>C=;FMN;@@B;P?;>PCM?>NB;NB?>CL?=NFS L?JILNNINB?CH@CLG;LSQB?HB?@??FM;H;NN;=E=IGCHAIH&?B;M?RJ?LC?H=?>NB?M?>?<CFCN;NCHA ;NN;=EM QB?H HI MN;@@ G?G<?L Q;M JL?M?HN NI B?FJ BCG NI PCMCN G?>C=;F MN;@@ HINB?L ,;G?> .F;CHNC@@ ;N !+!$ Q;M JL?M?HN QB?H ; JL?AH;HN QIG;H\M Q;N?L <LIE? CH B?L OHCN ;H> HI AO;L> Q;MJL?M?HNNI;FFIQB?L;==?MMNIG?>C=;FMN;@@
 YMMIIH;M;HCH>CPC>O;F>?P?FIJMMSGJNIGMI@!-4'"Z"?@?H>;HNMMBIOF> ?HMOL? NB;N B? IL MB? YQ?;L8M9 ; @;=? G;MEZ ;H> CM Y/33+*/':+2? JF;=?> OH>?L G?>C=;F CMIF;NCIH89Z'GG?>C;N?CHN?LP?HNCIHI@NBCMNSJ?>?=L?;M?MNB?JIMMC<CFCNSNB;N;J?LMIHQCNBNB? PCLOMQCFFNL;HMGCNCNNIINB?LMIHNB?JLCMIHM\=LIQ>?>OHCNM
 4:+8/3;/*'4)+54'4'-+3+4:5,5854'</8;9/9+'9+ 
%
/4588+):/54'2'4* +:+4:/54 ')/2/:/+9 !NLM @IL "CM?;M? !IHNLIF  .L?P '8     !"! %OC>;H=?  '<'/2'(2+ ':
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 24 of 38

 N1+!'HIN;FFJ?IJF?QCNBMSGJNIGMI@!-4'"B;P?<??HCMIF;N?>;H>;N
!+!$ ;H> 1+!' JLIFIHA?> MN;@@ ;<M?H=?M @LIG BIOMCHA OHCNM G;E?M CGG?>C;N? CHN?LP?HNCIH
CGJIMMC<F? $IL ?R;GJF? ;N 1+!' IH? ,;G?> .F;CHNC@@ L?JILN?> MSGJNIGM =IHMCMN?HN QCNB
!-4'"NI@;=CFCNSMN;@@;@?P?LP?LS<;>=IOAB<I>S;=B?M;H>J?LMCMN?HNL?MJCL;NILS>CMNL?MM
&?MO<GCNN?>;MC=E=;FFMFCJNI<?M??H;H>CNNIIE>;SMNI<?;HMQ?L?>>OLCHAQBC=BNCG?B?
MN;S?>IHBCMOHCNI@G?HFCPCHACHLIQMI@<OHE<?>M;JJLIRCG;N?FS@IOL@??N;J;LN&?Q;M
H?P?LN?MN?>@ILNB?@FOIL@IL=ILIH;PCLOM0?JILN?>FSNB?CFFH?MMB?B;>KOC=EFSMJL?;>NIINB?LM
CHBCMOHCN1SMN?GQC>?+"-!B;MN?MN?>F?MMNB;HIH?B;F@I@IH?J?L=?HNI@CNMJIJOF;NCIH@IL
!-4'"XIHFS;@?Q>IT?HI@NB?IP?LCH>CPC>O;FMCNBIF>MCH=OMNI>S
 2I GCHCG;FFS =IGJFS QCNB NB? =LCNC=;F !"! JLIPCMCIH L?KOCLCHA CGG?>C;N?
CMIF;NCIH I@ MSGJNIG;NC= CH>CPC>O;FM "?@?H>;HNM GOMN CGJF?G?HN ; L?FC;<F? G?;HM <S QBC=B
L?MC>?HNM=;HL?JILNMSGJNIGMI@=ILIH;PCLOM;H><?M??HJLIGJNFS<?G?>C=;FMN;@@?P?HQB?H
HII@@C=?LM;L?IH>ONSCHNB?CLBIOMCHAOHCN
 2B? !"! %OC>;H=? JLIPC>?M NB;N =F?;HCHA L?AOF;LFS ;H> @L?KO?HNFS CM E?S NI
JL?P?HNCHA;H>G;H;ACHA!-4'"CHJLCMIHM
#P?H C@ !-4'" =;M?M B;P? HIN S?N <??H C>?HNC@C?> CHMC>? NB? @;=CFCNS IL CH NB? MOLLIOH>CHA =IGGOHCNS <?ACH CGJF?G?HNCHA /4:+49/,/+* =F?;HCHA ;H> >CMCH@?=NCHA JLI=?>OL?M;==IL>CHANINB?L?=IGG?H>;NCIHM<?FIQ"+<+8'2:/3+96+8*'?=F?;H;H> >CMCH@?=N MOL@;=?M ;H> I<D?=NM NB;N ;L? @L?KO?HNFS NIO=B?> ?MJ?=C;FFS CH =IGGIH ;L?;M 1O=BMOL@;=?MG;SCH=FO>?I<D?=NMMOL@;=?MHINIL>CH;LCFS=F?;H?>>;CFS?A>IILEHI<M FCABN MQCN=B?M MCHE B;H>F?M =IOHN?LNIJM NICF?NM NICF?N B;H>F?M L?=L?;NCIH ?KOCJG?HN ECIMEM ;H> N?F?JBIH?M     !IHMC>?L CH=L?;MCHA NB? HOG<?L I@ MN;@@ ;H>IL CH=;L=?L;N?>>?N;CH?>J?LMIHMNL;CH?>;H>L?MJIHMC<F?@IL=F?;HCHA=IGGIH;L?;MNI?HMOL? =IHNCHO;F=F?;HCHAI@NB?M?;L?;MNBLIOABIONNB?>;S#HMOL?;>?KO;N?MOJJFC?MNIMOJJILN CHN?HMC@C?>=F?;HCHA;H>>CMCH@?=NCIHJL;=NC=?M 
 BNNJMQQQ=>=AIP=ILIH;PCLOMH=IP=IGGOHCNS=ILL?=NCIH>?N?HNCIHAOC>;H=?=ILL?=NCIH;F >?N?HNCIHBNGF=ILL?=NCIH;F@;=CFCNC?MJ?GJB;MCM;>>?> 
*':?GJB;MCM;>>?>  
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 25 of 38 
 N !+!$ BIQ?P?L =F?;HCHA I@ =IGGIH ;L?;M CM B;JB;T;L> ;H> I==OLM ;JJLIRCG;N?FSIH=?;>;SCHMN?;>I@M?P?L;FNCG?MJ?L>;S!F?;HCHAMOJJFC?M@IL=IGGIH;L?;M ;L? FCGCN?> ;H> NB?S MIG?NCG?M LOH ION ,I =F?;HCHA MOJJFC?M ;L? ;P;CF;<F? NI =F?;H NB? FCPCHA ;L?;MQB?L?J?IJF?MF??J;H>MJ?H>NB?GIMNNCG?2B?HOG<?LI@MN;@@;H>CH=;L=?L;N?>J?LMIHM NL;CH?>;H>L?MJIHMC<F?@IL=F?;HCHAB;MHIN<??HCH=L?;M?>
 N1+!'=F?;HCHAI@NB?=IGGIH;L?;MCMB;JB;T;L>;H>>I?MHINB;JJ?HM?P?L;F NCG?MJ?L>;S'HMIG?MCNO;NCIHMNB?L?;L?HIN?HIOABMOJJFC?MNI=F?;HNB?=IGGIH;L?;M2B?L? ;L?HIMOJJFC?M;P;CF;<F?NI=F?;HNB?FCPCHA;L?;MQB?L?J?IJF?MF??J;H>MJ?H>GIMNI@NB?CLNCG? 2B? HOG<?L I@ MN;@@ ;H> CH=;L=?L;N?> J?LMIHM NL;CH?> ;H> L?MJIHMC<F? @IL =F?;HCHA B;M HIN <??H CH=L?;M?>
 2B? !"! %OC>;H=? =;FFM @IL YCHN?HMC@C?> =F?;HCHAZ Y8?9P?H C@ !-4'" =;M?M B;P?HINS?N<??HC>?HNC@C?>CHMC>?NB?@;=CFCNSZ!"!%OC>;H=?J5B?L?;=;M?CMMOMJ?=N?> ILB;M<??HC>?HNC@C?>NB?H??>CM?P?HAL?;N?L7?N;N!+!$;F;LA?TIH?Q;ML?=?HNFSJF;=?>IH KO;L;HNCH?;H>HIN?P?H<;M?FCH?=F?;HCHAJLINI=IFMQ?L??R?=ON?>
 2B? !"! %OC>;H=? JLIPC>?M NB;N JLCMIHM MBIOF> Y'GJF?G?HN >;CFS N?GJ?L;NOL? =B?=EMCHBIOMCHAOHCNMQB?L?!-4'"=;M?MB;P?<??HC>?HNC@C?>Z!"!%OC>;H=?J ?GJB;MCM ;>>?>  7?N ;N !+!$ QB?H ; TIH? Q;M L?=?HNFS JF;=?> IH KO;L;HNCH? N?GJ?L;NOL? =B?=EMQ?L?IHFS>IH?IH;JJLIRCG;N?FSNBL??I@NB?@IOLN??HKO;L;HNCH?>;SM
 2B? !"! %OC>;H=? JLIPC>?M NB;N JLCMIH ;ONBILCNC?M MBIOF> Y8J9LIPC>? ; HI=IMN MOJJFSI@MI;JNICH=;L=?L;N?>>?N;CH?>J?LMIHMMO@@C=C?HNNI;FFIQ@L?KO?HNB;H>Q;MBCHAZ;H> ;>>MMO=BMI;JMBIOF><?YFCKOC>MI;JQB?L?JIMMC<F?Z;H>NB;NY8C9@<;LMI;JGOMN<?OM?>?HMOL? NB;NCN>I?MHINCLLCN;N?NB?MECH;H>NB?L?<S>CM=IOL;A?@L?KO?HNB;H>Q;MBCHAZ*;N
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 26 of 38 
 &IQ?P?L;N!+!$;H>1+!'L?MC>?HNM>IHINB;P??HIOABMI;J@ILL?AOF;LB;H> Q;MBCHAGO=BF?MM@L?KO?HNB;H>Q;MBCHA-HFS<;LMI;JCMJLIPC>?>NB?L?CMHIN?HIOABI@CN ;H>CNA?H?L;FFSCLLCN;N?MNB?MECHI@NBIM?QBIOM?CN-HNQII==;MCIHML?=?HNFS;<ION;GIHNB ;J;LNMIG?JLCMIH?LMQ?L?JLIPC>?>QCNB;MCHAF?<;LI@"C;FMI;J<ONNB;NA?H?L;FFSL;HIONQCNBCH NQIQ??EM
 2B? !"! %OC>;H=? JLIPC>?M NB;N JLCMIH ;ONBILCNC?M MBIOF> Y8.LIPC>?9 8L9OHHCHA Q;N?L;H>B;H>>LSCHAG;=BCH?MIL>CMJIM;<F?J;J?LNIQ?FM@ILB;H>Q;MBCHA8.LIPC>?98N9CMMO?M ;H>HINIO=BNL;MBL?=?JN;=F?M@IL>CMJIM;FZ*;N&IQ?P?L;N!+!$;H>1+!'NB?L?;L? HIJ;J?LNIQ?FMILB;H>>LSCHAG;=BCH?M2B?L?;L?HI@;=C;FNCMMO?M#;=BJ?LMIHB;M;LIFFI@ NICF?N J;J?L <ON C@ ;HS I@ CN NB;N CM OM?> @IL @;=C;F JOLJIM?M >CGCHCMB?M NB? J?LMIH\M NICF?N J;J?L MOJJFS;H>L?MC>?HNMMIG?NCG?MLOHION
 2B? !"! %OC>;H=? =;FFM @IL MI=C;F >CMN;H=CHA  Y'GJF?G?HN MI=C;F >CMN;H=CHA MNL;N?AC?M NI CH=L?;M? NB? JBSMC=;F MJ;=? <?NQ??H CH=;L=?L;N?>>?N;CH?> J?LMIHM C>?;FFS  @??N <?NQ??H;FFCH>CPC>O;FML?A;L>F?MMI@NB?JL?M?H=?I@MSGJNIGM Z*;N+?;MOL?M@IL>ICHA NBCMCH=FO>?NB?@IFFIQCHAY#H@IL=?CH=L?;M?>MJ;=?<?NQ??HCH>CPC>O;FMCHBIF>CHA=?FFM;MQ?FF ;MCHFCH?M;H>Q;CNCHA;L?;MZ*YLL;HA?<OHEMMINB;NCH>CPC>O;FMMF??JB?;>NI@IINNI CH=L?;M?NB?>CMN;H=?<?NQ??HNB?GZ*
 &IQ?P?L;N!+!$;H>1+!'NB?L?;L?CH;>?KO;N??@@ILNMNI?H@IL=?IL?H=IOL;A? MI=C;F>CMN;H=CHA'HNB?IJ?H<;S;L?;M<?>M;L?;<IONNBL??@??N;J;LN2B?L?CMHIMF??JCHAB?;> NI @IIN ;H> HI IH? B;M IL>?L?> CN 1CGCF;LFS L?MC>?HNM >I HIN MN;S MCR @??N ;J;LN CH NB? =IGGIH ;L?;M<;NBLIIGM?;NCHA;L?;MILCHFCH?@ILJCFF=;FF'NCM>C@@C=OFN;H>I@N?HCGJIMMC<F?NI>IMICH NB?IP?L=LIQ>?>MJ;=?MCHNB?JLCMIH;H>HIIH?B;MCHMNLO=N?>IL?H=IOL;A?>NB?GNINLS
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 27 of 38 
 2B?!"!%OC>;H=??GJB;MCT?MNB?CGJILN;H=?I@=IGGOHC=;NCIHY!IGGOHC=;N? )2+'82? '4* ,8+7;+4:2? QCNB CH=;L=?L;N?>>?N;CH?> J?LMIHM ;<ION =B;HA?M NI NB?CL >;CFS M=B?>OF? ;H>BIQNB?S=;H=IHNLC<ON?NILCMEL?>O=NCIH.LIPC>?OJNI>;N?CH@ILG;NCIH;<ION!-4'"  NI CH=;L=?L;N?>>?N;CH?> J?LMIHM IH ; L?AOF;L <;MCM      !IHMC>?L B;PCHA .+'2:.)'8+ 9:',, 6+8,58385;4*954'8+-;2'8('9/9NI;HMQ?LKO?MNCIHM;<ION!-4'"Z!"!%OC>;H=?J ?GJB;MCM;>>?> 
 0?MC>?HNM;L?HINL?=?CPCHANBCM=LCNC=;FCH@ILG;NCIH@LIGJLCMIHM$IL?R;GJF?IH ;NF?;MNIH?TIH?;N!+!$CN;JJ?;LMNB;NL?MC>?HNM Q?L?HINC@C?>NB?SQ?L?IHKO;L;HNCH?@IL JIN?HNC;F ?RJIMOL? QB?H ; AO;L> ?HN?L?> NB? TIH? ;HHIOH=?> NB? KO;L;HNCH? ;H> F?@N QCNBION @OLNB?L?RJF;H;NCIH
 2B?!"!%OC>;H=?;FMI=;FFM@IL;ONBILCNC?MNIY8J9IMNMCAH;A?NBLIOABNB?@;=CFCNS =IGGOHC=;NCHAMSGJNIGMI@!-4'";H>B;H>BSAC?H?CHMNLO=NCIHMZ;H>=IGGOHC=;NCHA NB;N CH=;L=?L;N?> J?IJF? MBIOF> YL?JILN MSGJNIGM NI MN;@@Z  * ;N  Y#HMOL? NB;N MCAH;A? CM OH>?LMN;H>;<F?@ILHIH#HAFCMBMJ?;ECHAJ?LMIHM;H>NBIM?QCNBFIQFCN?L;=SZ*1??;FMI /*;NMN;NCHANB;N;ONBILCNC?MMBIOF>Y8J9IMNMCAH;A?NBLIOABIONNB?@;=CFCNS;H>=IGGOHC=;N? NBCMCH@ILG;NCIHP?L<;FFSIH;L?AOF;L<;MCM Z
 N !+!$ ;H> 1+!' BIQ?P?L #HAFCMBIHFS @FS?LM Q?L? JIMN?> IH MIG? OHCN <OFF?NCH<I;L>M<ONNB?S>CM;JJ?;L?>KOC=EFS;H>Q?L?H?P?LL?JF;=?>2B?L?B;M<??HFCNNF?P?L<;F =IGGOHC=;NCIH L?A;L>CHA MSGJNIGM ;H> BSAC?H? ;H> J?IJF? B;P? HI Q;S I@ CH@ILGCHA NB?GM?FP?M;<IONBIQNI<?MNJLIN?=NNB?GM?FP?M2B?L?;L?HIH#HAFCMBMJ?;ECHAJ?IJF?;N!+!$ ;H> 1+!' QBI B;P? HIN B;> NB? IJJILNOHCNS NI L?;> ?P?H NB? @FS?L IL @FS?LM NB;N Q?L? <LC?@FS JIMN?>
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 28 of 38 
 2B? !"! %OC>;H=? =;FFM @IL ;ONBILCNC?M NI Y=IHMC>?L MOMJ?H>CHA =IJ;SM @IL CH=;L=?L;N?>>?N;CH?>J?LMIHM;MECHAG?>C=;F?P;FO;NCIH@ILL?MJCL;NILSMSGJNIGMZ'>;N
 N<INB!+!$;H>1+!'CN;JJ?;LMNB;NG;HSL?MC>?HNMB;P?HIN<??HCH@ILG?> I@ ;HS Q;CP?L I@ NB? MCR>IFF;L MC=E =;FF @?? @IL NBIM? M??ECHA G?>C=;F =;L? @IL !-4'" MSGJNIGM'HJL;=NC=?NBCM>CM=IOL;A?MJ?IJF?@LIGM??ECHA=;L?;H>=;HJLIFIHANB?NCG?NB;N J?IJF?QCNB!-4'"L?G;CHMSGJNIG;NC=CH=LIQ>?>BIOMCHAOHCNM
 2B?!"!%OC>;H=?MN;N?MNB;NY8;9MMIIH;M;HCH>CPC>O;F>?P?FIJMMSGJNIGMI@ !-4'"NB?SMBIOF>Q?;L;@;=?G;ME;H>MBIOF><?CGG?>C;N?FSJF;=?>OH>?LG?>C=;F CMIF;NCIHZ'>;N?GJB;MCM;>>?> 'GG?>C;N?;=NCIH>?=L?;M?MNB?JIMMC<CFCNSNB;N;J?LMIH QCNBNB?PCLOMQCFFNL;HMGCNCNNIINB?LMCHNB?OHCN$ILCGG?>C;N?;=NCIHNII==OL;G?;HMGOMN ?RCMN@ILL?MC>?HNMNICH@ILGMN;@@QBIQCFFN;E?JLIGJN;=NCIH
 N<INB!+!$;H>1+!'NB?MC=E=;FFJLI=?MMOMO;FFSN;E?MGOFNCJF?>;SM;H> G;HSL?MC>?HNMB;P?HIN<??HCH@ILG?>I@;HS?RJ?>CN?>JLI=?>OL?@IL!-4'"MSGJNIGM MBILN;A?I@MN;@@G;E?MCN>C@@C=OFNNII<N;CHKOC=E;=NCIHC@MSGJNIGM>I;LCM?
  
 .OLMO;HNNI0OF?M; ;H><  I@NB?$?>?L;F0OF?MI@!CPCF.LI=?>OL?NB? CH>CPC>O;F ,;G?> .F;CHNC@@M <LCHA NBCM ;=NCIH IH <?B;F@ I@ NB?GM?FP?M ;H> ; =F;MM =IHMCMNCHA I@ J?IJF? QBI ;L? =OLL?HNFS CH=;L=?L;N?> IL QCFF <? CH NB? @ONOL? CH ; !+!$ IL 1+!' >?N?HNCIH @;=CFCNS >OLCHA NB? >OL;NCIH I@ NB? !-4'" J;H>?GC= .F;CHNC@@M ;FMI JLIJIM? NB? @IFFIQCHA 1O<=F;MM
; /9'(/2/:?";()2'99.?IJF?CH=OMNI>SQBIMO@@?L@LIG;>CM;<CFCNSNB;N MO<MN;HNC;FFSFCGCNMIH?ILGIL?I@NB?CLG;DILFC@?;=NCPCNC?M;H>QBI;L?;NCH=L?;M?>LCME
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 29 of 38 
I@ =IHNL;=NCHA <?=IGCHA M?P?L?FS CFF @LIG ;H>IL >SCHA @LIG !-4'" >O? NI NB?CL >CM;<CFCNSIL;HSG?>C=;FNL?;NG?HNH?=?MM;LSNINL?;NNB?CL>CM;<CFCNS   =F;MM ;=NCIH CM NB? IHFS JL;=NC=;<F? G?;HM <S QBC=B NB? CH>CPC>O;F ,;G?> .F;CHNC@@M ;H> NB? JON;NCP? =F;MM G?G<?LM G;S =B;FF?HA? "?@?H>;HNM\ OH=IHMNCNONCIH;F ;=NCIHM +;HSG?G<?LMI@NB?!F;MM;L?QCNBIONNB?G?;HMNIL?N;CH;H;NNILH?SNIL?JL?M?HNNB?GCH;=CPCF LCABNMF;QMOCN  2B?!F;MM;H>1O<=F;MM;L?MIHOG?LIOMNB;NDICH>?LI@;FFG?G<?LMCMCGJL;=NC=;F 2B? HOG<?L I@ J?IJF? CH =OMNI>S CM ;JJLIRCG;N?FS  CH !+!$ ;H> 1+!' =IG<CH?> "CMJIMCNCIHI@NBCMG;NN?L;M;=F;MM;=NCIHQCFFJLIPC>?MO<MN;HNC;F<?H?@CNM;H>?@@C=C?H=C?MNINB? J;LNC?M;H>NB?!IOLN  2B?L? ;L? KO?MNCIHM I@ F;Q ;H> @;=N =IGGIH NI ;FF =F;MM G?G<?LM ;H> NI NB? MO<=F;MMG?G<?LMCH=FO>CHA; >I?M!-4'"JL?M?HN;MO<MN;HNC;FLCMEI@B;LGNIJ?IJF?CH !+!$ IL 1+!' =OMNI>S <  B;P? "?@?H>;HNM @;CF?> NI ;>?KO;N?FS JLIN?=N NB? !F;MM @LIG NB? CGG?>C;N? NBL?;N I@ !-4'" =  QB;N JL;=NC=?M ;L? "?@?H>;HNM ;=NO;FFS CGJF?G?HNCHA QCNB L?MJ?=N NI !-4'" >  QB?NB?L "?@?H>;HNM\ ;=NCIHM ;H>IL CH;=NCIHM =IHMNCNON? >?FC<?L;N? CH>C@@?L?H=?NINB?LCABNMI@JON;NCP?=F;MMG?G<?LM? QB?NB?LNB?LCABNMI@NB?1O<=F;MMOH>?L NB?G?LC=;HMQCNB"CM;<CFCNC?M=NY"Z ;H>NB?0?B;<CFCN;NCIH=N;L?<?CHAPCIF;N?><S "?@?H>;HNM\;=NCIHM;H>NB?=IH>CNCIHM;N!+!$;H>1+!';H>@ QB?NB?L"?@?H>;HNMCFF?A;FFS >CM=LCGCH;N?>;A;CHMNNB?1O<=F;MM<S>?HSCHAL?;MIH;<F?;==IGGI>;NCIHM  2B?=F;CGMI@NB?,;G?>.F;CHNC@@M;L?NSJC=;FI@NBIM?I@NB?!F;MM;H>1O<=F;MM 2BCMNSJC=;FCNSMN?GM@LIG.F;CHNC@@M\=F;CGMNB;N"?@?H>;HNMB;P?JF;=?>NB?G;NMCAHC@C=;HNLCME I@B;LG<S@;CFCHANIN;E?;JJLIJLC;N?MN?JMNI;>>L?MMNB?LCMEI@!-4'"CH!+!$;H>1+!' 2B?=F;CGMI@.F;CHNC@@MNB?!F;MM;H>NB?1O<=F;MM;LCM?@LIGNB?M;G?=IH>O=N<S"?@?H>;HNM
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 30 of 38 
;H>;L?<;M?>IHC>?HNC=;FF?A;FNB?ILC?M;H>M??EC>?HNC=;FL?FC?@FFG?G<?LMI@NB?!F;MM;H> 1O<=F;MM;L?MCGCF;LFSCHDOL?><S"?@?H>;HNM\QLIHA@OF=IH>O=N;H>NB?B;LGM.F;CHNC@@MMO@@?L ;L?NSJC=;FI@NB?B;LGMMO@@?L?><SNB?!F;MM;H>1O<=F;MM
  =F;MM ;=NCIH CM MOJ?LCIL NI INB?L ;P;CF;<F? G?NBI>M @IL @;CLFS ;H> ?@@C=C?HNFS ;>DO>C=;NCHA NBCM =IHNLIP?LMS ?MJ?=C;FFS MCH=? DICH>?L I@ ;FF !F;MM ;H> 1O<=F;MM G?G<?LM CM CGJL;=NC=;F
 #;=B =F;MM G?G<?L CM CLL?J;L;<FS B;LG?> ;M ; L?MOFN I@ "?@?H>;HNM\ QLIHA@OF =IH>O=N*CNCA;NCHANBCM=;M?;M;=F;MM;=NCIHQCFFL?>O=?NB?LCMEI@L?J?NCNCIOMFCNCA;NCIHL?F;NCHA NINB?"?@?H>;HNM\=IH>O=N
 2B?CH>CPC>O;F,;G?>.F;CHNC@@MQCFF@;CLFS;H>;>?KO;N?FSL?JL?M?HNNB?CHN?L?MNI@ NB?!F;MM;H>1O<=F;MM2B?,;G?>.F;CHNC@@MB;P?HI=IH@FC=NMQCNBNB?OHH;G?>G?G<?LMI@NB? JLIJIM?> !F;MM ;H> 1O<=F;MM 'H ;>>CNCIH NB?CL F;QS?LM ;L? ?RJ?LC?H=?> CH =IGJF?R =CPCF LCABNM =;M?M;A;CHMNAIP?LHG?HN;F?HNCNC?M
 "?@?H>;HNMB;P??HA;A?>CHOHF;Q@OF;=NCIHM;H>CH;=NCIHMCH;G;HH?LNB;N;JJFC?M A?H?L;FFS NI NB? !F;MM ;H> 1O<=F;MM L?H>?LCHA =F;MMQC>? CHDOH=NCP? ;H> >?=F;L;NILS L?FC?@ ;JJLIJLC;N?
!  ! 
".30&8.323+8-*.,-8-1*2)1*28  !=
 222'/4:/,,9
  .F;CHNC@@M CH=ILJIL;N? <S L?@?L?H=? ;FF ;FF?A;NCIHM =IHN;CH?> CH NB? JL?=?>CHA
J;L;AL;JBM;MC@M?N@ILNB@OFFSB?L?CH  2B?#CABNBG?H>G?HNNINB?!IHMNCNONCIHI@NB?3HCN?>1N;N?M;MCH=ILJIL;N?>
NBLIOAB NB? $IOLN??HNB G?H>G?HN JLIPC>?M NB;N CH>CPC>O;FM QBI ;L? CH=;L=?L;N?> @IFFIQCHA ;
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 31 of 38 
=IHPC=NCIHB;P?NB?LCABNNI<?@L??@LIG=LO?F;H>OHOMO;FJOHCMBG?HN2B;NLCABN?HN;CFM;GIHA INB?L NBCHAM NB? 1N;N?\M I<FCA;NCIH NI JLIN?=N CH=;L=?L;N?> CH>CPC>O;FM @LIG ; MO<MN;HNC;F LCME I@ M?LCIOMB;LGNINB?CLB?;FNB;H>M;@?NS1??A?H?L;FFS$;LG?LP L?HH;H31 
 2B?1N;N?\M@;CFOL?NIJLIPC>?;>?KO;N?JLIN?=NCIH;H>C@H?=?MM;LSG?>C=;F=;L? CHL?MJIHM?NINB?L;JC>MJL?;>I@;>?;>FSPCLOM=IHMNCNON?M>?FC<?L;N?CH>C@@?L?H=?NINB?M?LCIOM G?>C=;FH??>MI@CH=;L=?L;N?>CH>CPC>O;FMCHPCIF;NCIHI@NB?#CABNBG?H>G?HN
 .F;CHNC@@M;H>NB?=F;MMNB?SL?JL?M?HNMO@@?L;MO<MN;HNC;FLCMEI@M?LCIOMB;LGNI NB?CLB?;FNB;H>M;@?NS>O?NINB?MJL?;>I@!-4'"CH!+!$;H>1+!'@;=CFCNC?M
 "?@?H>;HNMB;P?;=N?>QCNB>?FC<?L;N?CH>C@@?L?H=?NINB?LCMEMJIM?><S!-4'" NI.F;CHNC@@M
 "?@?H>;HNMEH?Q;H>EHIQI@NB?I<PCIOM;H>Q?FF?MN;<FCMB?>LCMEMNI.F;CHNC@@M =;OM?><S!-4'"
 "?@?H>;HNMB;P?@;CF?>NI;=NQCNBL?;MIH;<F?=;L?NIGCNCA;N?NB?LCMEJIM?><S !-4'"
 M;L?MOFNI@"?@?H>;HNM\;=NCIHM.F;CHNC@@M;H>G?G<?LMI@NB?JLIJIM?>!F;MM ;L?MO@@?LCHACLL?J;L;<F?CHDOLS
 N;FFNCG?M"?@?H>;HNM;=N?>OH>?L=IFILI@MN;N?F;Q !  #
".30&8.323+8-*1*6.(&27;.8-.7&'.0.8.*7(8  != *87*5 /9'(/2/:?";()2'99
  .F;CHNC@@ML?J?;N;H>L?;FF?A?NB?JL?=?>CHAJ;L;AL;JBM;MC@M?N@ILNBB?L?CH  "?@?H>;HNMB;P?@;CF?>NIL?;MIH;<FSGI>C@SCNMJLIAL;GM;H>M?LPC=?MNI;>>L?MM
NB? MO<MN;HNC;F ;H> CH=L?;M?> LCME NB;N .F;CHNC@@ G?G<?LM I@ NB? "CM;<CFCNS 1O<=F;MM B;P? I@
 

Case 3:20-cv-00340-TSL-RHW Document 1 Filed 05/14/20 Page 32 of 38 
=IHNL;=NCHA<?=IGCHAM?P?L?FSCFF@LIG;H>IL>SCHA@LIG!-4'">O?NINB?CL>CM;<CFCNSIL ;HSG?>C=;FNL?;NG?HNH?=?MM;LSNINL?;NNB?CL>CM;<CFCNS
 "?@?H>;HNMB;P?CHN?HNCIH;FFS>CM=LCGCH;N?>;A;CHMNNB?"CM;<CFCNS.F;CHNC@@M;H>NB? G?G<?LM I@ NB? "CM;<CFCNS 1O<=F;MM <S >?HSCHA NB?G L?;MIH;<F? ;==IGGI>;NCIHM CH=FO>CHA ;==IGGI>;NCIHM NB;N B;P? <??H L?=IGG?H>?> <S NB? !"! NB;N ;L?H?=?MM;LS NI JLIN?=N NB?G @LIG!-4'";H>NB;NB;P?<??H>?M=LC<?>CHNBCM=IGJF;CHN
 2B? @;CFOL? NI JLIPC>? NB?M? JLIAL;G GI>C@C=;NCIHM ;H> ;==IGGI>;NCIHM =IHMNCNON?M CFF?A;F >CM=LCGCH;NCIH OH>?L NB? " ;H> ?HNCNF?M .F;CHNC@@M NI CHDOH=NCP? ;H> >?=F;L;NILSL?FC?@
 3H>?L 2CNF? '' I@ NB? " YHI KO;FC@C?> CH>CPC>O;F QCNB ; >CM;<CFCNS MB;FF <S L?;MIHI@MO=B>CM;<CFCNS<??R=FO>?>@LIGJ;LNC=CJ;NCIHCHIL<?>?HC?>NB?<?H?@CNMI@NB?M?LPC=?M JLIAL;GM IL ;=NCPCNC?M I@ ; JO<FC= ?HNCNS IL <? MO<D?=N?> NI>CM=LCGCH;NCIH <S MO=B ?HNCNSZ  31!U
 +"-!!+!$;H>1+!';L?JO<FC=?HNCNC?M=IP?L?><S2CNF?''I@NB?" 31!U
 $ILJOLJIM?MI@NB?"G?>C=;FNL?;NG?HN;H>M;@?=IH>CNCIHMI@=IH@CH?G?HN ;L?JLIAL;GMILM?LPC=?MNB;N+"-!@;=CFCNC?MJLIPC>?NI.F;CHNC@@M
 ,;G?> .F;CHNC@@M ;H> INB?L G?G<?LM I@ NB? "CM;<CFCNS 1O<=F;MM B;P? ; JBSMC=;F CGJ;CLG?HNNB;NMO<MN;HNC;FFSFCGCNMIH?ILGIL?I@NB?CLG;DILFC@?;=NCPCNC?M
 ,;G?> .F;CHNC@@M ;H> INB?L G?G<?LM I@ NB? "CM;<CFCNS 1O<=F;MM ;L? KO;FC@C?> CH>CPC>O;FMQCNB;>CM;<CFCNSOH>?LNB?G?;HCHAI@NB?"
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 Case 3:20-cv-00340-TSL-RHW Document 7 Filed 05/25/20 Page 1 of 39

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

BRITTANY WADDELL, ROGER EWING, TONY SMITH, DANIEL HATTEN, DOUGLASS TRIPLETT, ERIK LEWIS, BOB HENDERSON, THOMAS HOLDER, and JAMARCUS DAVIS, individually and on behalf of a class of all others similarly situated,

Civil Action No. 3:20-cv-340-TSL-RHW

Plaintiffs,

v.

TOMMY TAYLOR, in his official capacity as Interim Commissioner of the Mississippi Department of Corrections; RON KING, in his official capacity as Superintendent of Central Mississippi Correctional Facility; and JOE ERRINGTON, in his official capacity as Superintendent of South Mississippi Correctional Institution,

ORAL ARGUMENT REQUESTED

Defendants

PLAINTIFFS’ MEMORANDUM IN SUPPORT OF MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

Case 3:20-cv-00340-TSL-RHW Document 7 Filed 05/25/20 Page 2 of 39
TABLE OF CONTENTS
I. PRELIMINARY STATEMENT ................................................................................................. 1 II. FACTUAL BACKGROUND..................................................................................................... 4 III. LEGAL STANDARD ............................................................................................................. 10 IV. LEGAL ARGUMENT ............................................................................................................ 10
A. There is a Substantial Threat That Plaintiffs Will Suffer Irreparable Injury, Including Preventable Death, if MDOC is Not Required to Implement COVID-19 Protocols Consistent with Established Standards of Care for Infection Control and CDC Guidance. ....................... 10 B. Plaintiffs Are Likely to Succeed on the Merits of Their Claims....................................... 16
1. Class Claim: MDOC is Aware of the Substantial Risk of Serious Harm Posed by its Deficient COVID-19 Response, Including of Infection, Hospitalization, and Death. ...... 17 2. Disability Subclass Claim: MDOC Failed to Make Reasonable Modifications to Their Procedures to Protect Residents Whose Disabilities Make Them More Likely to Succumb to Rapid Disease Progression and Death Due to COVID-19 Infection. ........................... 22 C. The Public Interest and Balance of Equities Weigh Heavily in Plaintiffs’ Favor............. 28 D. Other Courts Have Granted Relief to Address the High Risk of Irreparable Harm that COVID-19 Poses to People Held in Prisons and Detention Facilities. ..................................... 29 V. CONCLUSION ........................................................................................................................ 33
i

Case 3:20-cv-00340-TSL-RHW Document 7 Filed 05/25/20 Page 3 of 39
TABLE OF AUTHORITIES Page(s)
Cases Arriaga Reyes. v. Decker,
No. 2:20-cv-03600 (D.N.J. Apr. 12, 2020) ............................................................................. 33 Bahl v. County of Ramsey,
695 F.3d 778 (8th Cir. 2012)................................................................................................... 25 Ball v. LeBlanc,
792 F.3d 584 (5th Cir. 2015)................................................................................................... 18 Barden v. City of Sacramento,
292 F.3d 1073 (9th Cir. 2002)................................................................................................. 25 Basank v. Decker,
No. 1:20-cv-02518 (S.D.N.Y. Mar. 26, 2020) ........................................................................ 33 Bennett-Nelson v. La. Bd. of Regents,
431 F.3d 448 (5th Cir. 2005)............................................................................................. 23, 24 Borum v. Swisher County,
2015 U.S. Dist. LEXIS 8628 (N.D. Tex. Jan. 26, 2015)............................................. 24, 25, 26 Brown v. Plata,
563 U.S. 493 (2011) ................................................................................................................ 17 Cadena v. El Paso Cty.,
946 F.3d 717 (5th Cir. 2020)....................................................................................... 24, 25, 27 City of Los Angeles v. Lyons,
461 U.S. 95, 103 S. Ct. 1660, 75 L. Ed. 2d 675 (1983) .......................................................... 11 Clark v. Pritchard,
812 F.2d 991 (5th Cir. 1987)................................................................................................... 10 Cohen v. Coahoma County, Miss.,
805 F. Supp. 398 (N.D. Miss. 1992) ................................................................................. 11, 28 Estelle v. Gamble,
429 U.S. 97 (1976) .................................................................................................................. 17 Farmer v. Brennan,
511 U.S. 825 (1994) .................................................................................................... 17, 18, 19
ii

Case 3:20-cv-00340-TSL-RHW Document 7 Filed 05/25/20 Page 4 of 39
Frame v. City of Arlington, 657 F.3d 215 (5th Cir. 2011)............................................................................................. 24, 25
Gates v. Collier, 501 F.2d 1291 (5th Cir. 1974)................................................................................................. 18
Gates v. Cook, 376 F.3d 323 (5th Cir. 2004)............................................................................................. 11, 19
Helling v. McKinney, 509 U.S. 25 (1993) ........................................................................................................... passim
Hinojosa v. Livingston, 807 F.3d 657 (5th Cir. 2015)............................................................................................. 17, 18
Holland Am. Ins. Co. v. Succession of Roy, 777 F.2d 992 (5th Cir. 1985)................................................................................................... 11
Jackson Women’s Health Org. v. Currier, 760 F.3d 448................................................................................................................ 10, 16, 28
Johnson v. Epps, 499 F. App’x 583 (5th Cir. 2012)...................................................................................... 18, 20
Justin Indus., Inc. v. Choctaw Secur., Ltd. P’ship, 920 F.2d 262 (5th Cir. 1990)................................................................................................... 10
McCollum v. Livingston, 2017 U.S. Dist. LEXIS 76922 (S.D. Tex. May 19, 2017) ...................................................... 26
McCoy v. Tex Dep’t of Criminal Justice, 2006 U.S. Dist. LEXIS 55403 (S.D. Tex. Aug. 9, 2006) .................................................. 26, 27
Pa. Dep’t of Corr. v. Yeskey, 524 U.S. 206 (1998) .......................................................................................................... 24, 25
Rhodes v. Chapman, 452 U.S. 337 (1981) ................................................................................................................ 18
Russell v. Harris County, Tex., CV H-19-226, 2020 WL 1866835 (S.D. Tex. Apr. 14, 2020) ................................................ 16
Seremeth v. Board of County Commissioners of Frederick County, 673 F.3d 333 (4th Cir. 2012)................................................................................................... 25
Shepherd v. Dallas County, 591 F.3d 445 (5th Cir. 2009)................................................................................................... 21
iii

Case 3:20-cv-00340-TSL-RHW Document 7 Filed 05/25/20 Page 5 of 39
Spiegel v. City of Houston, 636 F.2d 997 (5th Cir.1981).................................................................................................... 28
Taylor v. Principal Fin. Group, 93 F.3d 155 (5th Cir. 1996)..................................................................................................... 27
Tennessee v. Lane, 541 U.S. 509 (2004) .......................................................................................................... 23, 24
U.S. v. Hialeah Housing Authority, 418 Fed. Appx. 872 (11th Cir. 2011) ...................................................................................... 27
United States v. Georgia, 546 U.S. 151 (2006) .......................................................................................................... 23, 25
Unknown Parties v. Johnson, No. CV-15-00250-TUC, 2016 WL 8188563 (D. Ariz. No. 18, 2016), aff’d sub nom Doe v. Kelly, 878 F.3d 710 (9th Cir. 2017) ..................................................................... 11
Vazquez Barrera v. Wolf, 4:20-CV-1241, 2020 WL 1904497 (S.D. Tex. Apr. 17, 2020) ................................... 11, 16, 29
Wilson v. Williams, No. 20-3447, slip op. (6th Cir. May 4, 2020).......................................................................... 30
Yeskey v. Pa. Dep’t of Corr., 118 F.3d 168 (3d Cir. 1997), aff’d, 524 U.S. 206 (1998)........................................................ 25
Constitution and Statutes U.S. CONST. amend. VIII .............................................................................................................. 3 28 U.S.C. § 2241 ..................................................................................................................... 30, 32 29 U.S.C. § 794(a) .......................................................................................................................... 3 42 U.S.C. § 1983 ........................................................................................................................... 32 42 U.S.C. § 12102(2) .................................................................................................................... 26 42 U.S.C. § 12132 ..................................................................................................................... 3, 24 28 C.F.R. § 35.130(b)(7) ............................................................................................................... 25 28 C.F.R. § 35.130(b)(7)(i) ........................................................................................................... 25
iv

Case 3:20-cv-00340-TSL-RHW Document 7 Filed 05/25/20 Page 6 of 39
Plaintiffs Brittany Waddell, Roger Ewing, Tony Smith, Daniel Hatten, Douglass Triplett, Erik Lewis, Bob Henderson, Thomas Holder, and Jamarcus Davis, on behalf of themselves and others similarly situated (Plaintiffs or Named Plaintiffs) respectfully submit this memorandum of law in support of their Motion for a Temporary Restraining Order and Preliminary Injunction (Motion). The Plaintiffs have brought this action under federal disability and constitutional law against defendants Tommy Taylor, in his official capacity as Interim Commissioner of the Mississippi Department of Corrections (MDOC); Ron King, in his official capacity as Superintendent of Central Mississippi Correctional Facility (CMCF); and Joe Errington, in his official capacity as Superintendent of South Mississippi Correctional Institution (SMCI) (collectively Defendants or MDOC). Pursuant to L. U. Civ. R. 7(b)(6)(A), Plaintiffs respectfully request oral argument on this Motion.
I. PRELIMINARY STATEMENT Plaintiffs seek, as preliminary injunctive relief, a court order requiring that CMCF and SMCI implement COVID-19 protocols that comport with standards of care for infection control in order to protect medically vulnerable residents with disabilities and minimize preventable illness, hospitalization, and death of residents, staff, and community members.1 As the state’s two largest prisons, CMCF and SMCI are home to nearly 6,000 residents. Both are crowded facilities that operate half-staffed—at about double their operational capacities. Even in crowded double-bunked living units with 100 residents or more, there are not enough cleaning supplies.2 Residents regularly run out of soap and cannot wash their hands.3 Some use unlaundered
1 The specific preliminary injunctive relief that Plaintiffs seek is listed in their Motion. 2 See Ex. 3 (“Davis Decl.”) at ¶ 17 (residents are to clean the common areas, but staff does not enforce this daily); Ex. 6 (“Henderson Decl.”) at ¶ 12 (same); Ewing Decl. at ¶ 13 (same); Ex. 10 (“Lewis Decl.”) at ¶ 25 (there are not enough cleaning supplies to clean common areas). 3 See Ex. 13 (“Smith Decl.”) at ¶ 34.
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Case 3:20-cv-00340-TSL-RHW Document 7 Filed 05/25/20 Page 7 of 39
personal towels to try and clean common areas.4 Individuals have reported having symptoms of
coronavirus but were not isolated or tested.5 Critically, both facilities lack a reliable means to be
seen by medical staff upon onset of coronavirus symptoms.6 MDOC has tested only 0.03% of its
population for COVID-19—a few dozen individuals of the over 18,000 it holds in custody.
COVID-19 is aggressively contagious and can survive for multiple days outside of the
human body.7 The disease can cause severe lung damage, respiratory failure, and require a
patient be mechanically ventilated to stay alive.8 COVID-19 can also disable other organs,
including the heart, blood vessels, kidneys, and brain.9 Individuals with serious medical
conditions are at a higher risk of severe illness from COVID-19, including those with asthma,
heart conditions, immunocompromising diseases such as HIV or AIDS, diabetes, or kidney
disease.10
MDOC’s failure to implement baseline COVID-19 management measures, including
those outlined by the Centers for Disease Control and Prevention (CDC) in its guidance to
correctional facilities,11 invites a statewide public safety and public health crisis. MDOC’s
failures may result in a “hot spot” of infection at CMCF or SMCI. This would cause a spike in
coronavirus infection rates in surroundings communities due to the “revolving door” movement
4 See Lewis Decl. at ¶ 27. 5 See Davis Decl. at ¶ 3, 5-10. 6 Id. 7 Tests Show New Virus Lives on Some Surfaces for Up to 3 Days, U.S. NEWS (Mar. 11, 2020) https://www.usnews.com/news/health-news/articles/2020-03-11/tests-show-new-virus-lives-on-some-surfaces-forup-to-3-days (last visited Apr. 28, 2020). 8 Bruce Y. Lee, How Does the COVID-19 Coronavirus Kill? What Happens When You Get Infected, Forbes (Mar. 21, 2020), available at https://www.forbes.com/sites/brucelee/2020/03/21/how-does-the-covid-19-coronavirus-killwhat-happens-when-you-get-infected/#3abaaff56146. 9 M. Wadman, J, Couzin-Frankel, J. Kaiser, C. Matacic, How Does Coronavirus Kill? Clinicians Trace a Ferocisou Rampage Through the Body, from Brain to Toes, Science (Apr. 17, 2020), available at https://www.sciencemag.org/news/2020/04/how-does-coronavirus-kill-clinicians-trace-ferocious-rampage-throughbody-brain-toes#. 10 Ctrs. for Disease Control & Prev., People Who Are at a Higher Risk for Severe Illness, supra. 11 CDC Guidance.
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of staff between populations.12 A coronavirus infection hot spot at CMCF or SMCI could quickly exceed area hospital capacity and impair our state’s ability to provide adequate care to the sickest Mississippians over the course of the pandemic. Critically, MDOC is already unable to reliably staff even a single officer to guard units housing hundreds of residents at CMCF and SMCI. Rendering even a few staff members unavailable due to infection or quarantine could easily create a public safety crisis.
Taken together, these failures violate the federal rights of the proposed class of all people who live at CMCF and SMCI. Defendants are aware of the high risk to Plaintiffs’ safety posed by COVID-19. By failing to implement baseline standards of care for infection control, they have violated the Eighth Amendment of the Constitution, which prohibits knowingly exposing imprisoned individuals to a substantial risk of serious harm to their health and safety.13 Additionally, federal law entitles residents in the proposed Disability Subclass—whose disabilities make them more likely to succumb to rapid disease progression and death if infected—to the reasonable modifications to procedures sought in Plaintiffs’ Motion.14

12A. Klonsky, An Epicenter of the Pandemic Will Be Jails and Prisons, if Inaction Continues, N.Y. Times (Mar. 16,

2020), available at https://www.nytimes.com/2020/03/16/opinion/coronavirus-in-jails.html. See, e.g., COVID-19

Cases at CCDOC (May 21, 2020), available at https://www.cookcountysheriff.org/covid-19-cases-at-ccdoc/ (last

visited May 22, 2020) (as of 5pm on May 21, 2020, 91 detainees in the Cook County Jail were coronavirus-positive.

442 inmates are recovering after testing positive, and 7 have died from the virus. 58 correctional officers tested

positive, as have 18 other Cook County Sheriff employees); Board of Correction Daily Covid-19 (May 14, 2020),

available

at

https://www1.nyc.gov/assets/boc/downloads/pdf/News/covid-

19/Public_Reports/Board%20of%20Correction%20Daily%20Public%20Report_5_14_2020.pdf. (There were 362

currently incarcerated patients with confirmed cases of COVID-19 as of May 14, 2020, a number that does not

include patients who have been released. Three have died, and over 1,300 DOC staff have tested positive); At

Louisiana Prison, 192 out of 195 Inmates Test Positive for COVID-19, Market Watch (May 5, 2020), available at

https://www.marketwatch.com/story/louisana-prison-unit-has-192-of-195-inmates-test-positive-for-covid-19-2020-

05-05 (noting 192 of 195 incarcerated women in a Louisiana prison unit tested positive for coronavirus); N. Allison

and M. Timms, Tennessee to Test All Inmates, Prison Staff after Massive COVID-19 Outbreak at Trousdale Turner,

Tennessean (May 1, 2020), available at https://www.tennessean.com/story/news/politics/2020/05/01/tennessee-

testing-all-inmates-prison-staff-after-multiple-outbreaks/3067388001/ (“Of the 2,725 total [COVID-19] tests given

at the facility this week, at least 1,349 came back positive.”).

13 See U.S. CONST. amend. VIII (prohibiting cruel and unusual punishment).

14 See Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, which prohibits public entities

from discriminating against qualified persons with disabilities in providing services. Similarly, Section 504 of the

Rehabilitation Act (RA), 29 U.S.C. § 794(a), prohibits recipients of federal funds from discriminating against

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II. FACTUAL BACKGROUND CMCF and SMCI are Mississippi’s first and second-largest prisons. CMCF is home to approximately 3,400 women and men, and SMCI is home to approximately 2,500 men.15 MDOC currently has more than 18,000 men and women in custody.16 CMCF and SMCI are functionally very overcrowded: They operate at physical capacity but with about half of the staff.17 Housing units at CMCF and SMCI are densely populated. It is not possible to stay six feet apart from others at either prison. Residents in open bay units spend most of their time in and between cramped rows of bunk beds placed about four feet apart.18 Certain housing units at CMCF and SMCI hold concentrated chronic care populations—of elderly, ill, and disabled individuals at higher risk of hospitalization and death due to COVID-19 infection.19 Most of the Plaintiffs are housed in open bay units at CMCF and SMCI, which generally hold 100 or more individuals in rows of bunk beds spaced approximately four feet apart.20 There is foot traffic on an ongoing basis between bunks, and residents are within inches or a couple of feet of each other day and night.21 Other Plaintiffs are housed in cells designed to hold two people. In celled units, cellmates cannot maintain six feet of distance between one another because of the cells’ dimensions and design, and the common areas are compressed.22

qualified persons with disabilities. These laws require MDOC to make reasonable modifications to their policies,

practices, and procedures to prevent unnecessary serious illness and death to qualified individuals with disabilities

whose disabilities place them at substantially increased risk of serious illness and death due to COVID-19 infection.

15 May 2020 Fact Sheet, MDOC, available at https://www.mdoc.ms.gov/Admin-Finance/MonthlyFacts/2020-

5%20Fact%20Sheet.pdf.

16 Id.

17 Miss. Dept. of Corr., SMCI Staffing Crisis Prompts Lockdown and Visitation Cancellation (Jan. 25, 2019)

available

at

https://www.mdoc.ms.gov/Pages/SMCI-Staffing-Crisis-Prompts-Lockdown-and-Visitation-

Cancellation-.aspx (finding the staff vacancy rate at SMCI was at 48%).

18 See Ex. 11 (“Triplett Decl.”) at ¶ 4; Davis Decl. at ¶ 3, Smith Decl. at ¶ 11.

19 See Ex. 7 (“Holder Decl.”) at ¶¶ 3, 15.

20 See Smith Decl. at ¶¶ 6; 10-11; Triplett Decl. at ¶ 2.

21 See Smith Decl. at ¶ 11; Ex. 14 (“Waddell Decl.”) at ¶ 13; Davis Decl. at ¶ 15; Triplett Decl. at ¶ 4.

22 See Ex. 4 (“Ewing Decl.”) at ¶ 26; Ex. 5 (“Hatten Decl.”) at ¶ 9; Waddell Decl. at ¶¶ 16-18; Lewis Decl. at ¶¶ 3-4,

6.

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Currently, there is no means by which a resident can access medical care during the
frequent times that no guard is present to supervise entire housing units at CMCF and SMCI.23 It
is therefore not possible to immediately isolate symptomatic residents to prevent the unnecessary
spread of infection.24 MDOC claims that residents reporting respiratory symptoms are seen by
medical staff within twenty-four hours.25 In reality, the paper-and-pen sick call process at CMCF
and SMCI typically takes days to result in an evaluation.26 Sick call slips are not available at all
if staff are not present;27 they are not reliably provided when requested;28 and staff not
uncommonly run out of slips and do not get more.29
More importantly, allowing symptomatic patients to stay in crowded housing units even
for twenty-four hours pending evaluation “can substantially increase the risk of preventable
hospitalization for the patient, particularly if he or she is at-risk according to CDC guidance.”30
COVID-19-related deaths can occur mere hours after onset of symptoms,31 particularly in
medically vulnerable patients. An individual’s emerging symptoms may ripen into respiratory
23 See Smith Decl. at ¶ 18-21. 24 CDC and other subject matter expert guidance make clear that as soon as an individual develops symptoms of COVID-19,” authorities should ensure that he or she “wear[s] a face mask” and is “immediately placed under medical isolation[.]” CDC Guidance at p. 5 (emphasis added). 25 COVID-19 Q&A, May 21, 2020. 26 See Ewing Decl. at ¶ 27 (“Typically, if I fill out a sick call slip and submit it, it takes a few days to over a week to get seen by medical staff. We have not been told of any procedure for getting seen sooner if we have symptoms of coronavirus.”); Waddell Decl. at ¶ 38 (same); Triplett Decl. at ¶ 30 (same). It took one inmate days to be seen after he submitted his sick slip. He was coughing uncontrollably, had a high fever, and his entire body ached. Davis Decl. at ¶¶ 4-5. 27 See Ewing Decl. at ¶ 6; Henderson Decl. at ¶ 4. 28 See Ewing Decl. at ¶ 7 (describing severe asthma attacks where he is not able to get medical help due to guard absences); Lewis Decl. at ¶¶ 15, 47; Triplett Decl. at ¶¶ 11, 13. 29 Lewis Decl. at ¶ 46. 30 Venters’ Decl. at ¶ 33. 31 See, e.g., D. Grady, U.S. Health Experts Say Stricter Measures Are Required to Limit Coronavirus’s Spread, N.Y. Times (March 8, 2020), available at https://www.nytimes.com/2020/03/08/health/coronavirus-spread-unitedstates.html; D. Williams, ‘It’s Serious:’ Milwaukee Mane Died from COVID-19 Less Than 8 Hours after Hospital Admittance (March 24, 2020), available at https://fox6now.com/2020/03/24/its-serious-milwaukee-man-died-fromcovid-19-less-than-8-hours-after-hospital-admittance/.
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failure and death in fewer than twenty-four hours.32 Additionally, keeping a coughing patient for
a day and a night in their housing unit would likely—in fewer than twenty-four hours—
unnecessarily infect other residents and staff.33
Housing units at CMCF have been placed on quarantine with inconsistent monitoring of
residents for infection. The CDC Guidance provides that prisons should “[i]mplement daily
temperature checks in housing units where COVID-19 cases have been identified.”34 However,
when an open bay housing unit holding over 100 women recently was placed on quarantine,
temperature checks were conducted only three times during the fourteen-day quarantine period.35
Residents at CMCF and SMCI are often unable to practice baseline hand hygiene
measures required to mitigate virus transmission. The CDC Guidance provides that prison
authorities should “[p]rovide a no-cost supply of soap to incarcerated/detained persons, sufficient
to allow frequent hand washing.”36 However, residents do not have enough soap for regular hand
32 J. Phua et. al., Intensive Care Management of Coronavirus Disease 2019 (COVID-19): Challenges and Recommendations at 508-09, Asian Critical Care Clinical Trials Group (May 2020), available at https://www.thelancet.com/pdfs/journals/lanres/PIIS2213-2600(20)30161-2.pdf (suggesting non-invasive ventilation and high-flow nasal cannula may reduce intubation and mortality in patients showing acute respiratory distress syndrome, or “ARDS”, if implemented before ARDS worsens to become moderate or severe); Surviving Sepsis Campaign: Guidelines on the Management of Critically Ill Adults with Coronavirus Disease 2019 (COVID-19) at 8, Society of Critical Care Medicine (March 20, 2020), available at https://www.sccm.org/getattachment/SurvivingSepsisCampaign/Guidelines/COVID-19/SSC-COVID-19Guidelines-Binder.pdf?lang=en-US (“In adults with COVID-19 receiving NIPPV or HFNC, we recommend close monitoring for worsening of respiratory status, and early intubation in a controlled setting if worsening occurs.”). 33 Ctrs. for Disease Control & Prev., Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) (May 15, 2020), supra; see also Xi He et al., Temporal Dynamics in Viral Shedding and Transmissibility of COVID-19, Nature (April 15, 2020), available at https://www.nature.com/articles/s41591-020-0869-5 (“We observed the highest viral load in throat swabs at the time of symptom onset, and inferred that infectiousness peaked on or before symptom onset. We estimated that 44% (95% confidence interval, 25–69%) of secondary cases were infected during the index cases’ presymptomatic stage, in settings with substantial household clustering, active case finding and quarantine outside the home.”); E. Bromage, The Risks – Know Them – Avoid Them (May 6, 2020), available at https://www.erinbromage.com/post/the-risks-know-them-avoid-them (last visited May 17, 2020) (A sneeze has enough viral droplets to infect hundreds, if not thousands, of people); L. Geddes, Does a High Viral Load or Infections Dose Make Covid-19 Worse? New Scientist (March 27. 2020), available at https://www.newscientist.com/article/2238819-does-a-high-viral-load-or-infectious-dose-make-covid-19-worse/. 34 CDC Guidance at 22. 35 Waddell Decl. at ¶ 3-6. 36 Id. at 8, 10.
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Case 3:20-cv-00340-TSL-RHW Document 7 Filed 05/25/20 Page 12 of 39
washing.37 The CDC Guidance provides that prison authorities should “[provide] [r]unning
water, and hand drying machines or disposable paper towels for hand washing. . . . [and]
[t]issues and no-touch trash receptacles for disposal.”38 However, there are no paper towels, hand
drying machines, or facial tissues: Each resident only has a roll of toilet paper for all needs, and
residents regularly run out.39
Residents at CMCF and SMCI are often unable clean and disinfect their common and
living areas to the extent required to mitigate virus transmission. The CDC Guidance provides
that frequent cleaning is key to preventing and managing COVID-19 in prisons.40 However, the
cleaning of common areas is haphazard, supplies are limited or run out, and no supplies are
available to clean the living areas where people spend the most time.41
Defendants have also not adequately implemented basic social distancing strategies for
correctional settings, and they have not shared mission-critical information with residents,
including to facilitate prompt reporting of coronavirus symptoms.42
37 Ewing Decl. at ¶ 17; Hatten Decl. at ¶ 11; Smith Decl. at ¶¶ 33-35. 38 CDC Guidance at 10. 39 See Waddell Decl. at ¶ 13, 30; Smith Decl. at ¶ 11; Lewis Decl. at ¶ 3-4, 6; Davis Decl. at ¶ 26; Henderson Decl. at ¶ 25. Proper hand drying is vital in fighting the spread of coronavirus. See J. Hunt and J. Gammon, Coronavirus and Handwashing: Research Shows Proper Hand Drying is also Vital (Mar. 5, 2020), available at https://theconversation.com/coronavirus-and-handwashing-research-shows-proper-hand-drying-is-also-vital-132905 (citing J. Gammon and J. Hunt, The Neglected Element of Hand Hygiene – Significance of Hand Drying, Efficiency of Different Methods and Clinical Implication: A Review, J. of Infection Prevention (Dec. 5, 2018). 40 CDC Guidance at 9. 41 Davis Decl. at ¶ 17 (residents are to clean the common areas, but staff does not enforce this daily); Henderson Decl. at ¶ 12 (same); Ewing Decl. at ¶ 13 (residents are assigned to clear common areas, but often do not); Hatten Decl. at ¶ 9 (“Imprisoned people have a couple of times sprayed chemicals in the common areas and in the cells. We were told a couple of weeks ago this would not be happening anymore because the prison had run out of the disinfectant.”). 42 See Ewing Decl. at ¶ 26; Smith Decl. at ¶ 41; Lewis Decl. at ¶¶ 37-39; Ex. 8 (“Guzman Decl.”). at ¶¶ 4-5. For example, the CDC Guidance calls for authorities to “consider suspending co-pays for incarcerated/detained persons asking medical evaluation for respiratory symptoms.” CDC Guidance at 9. At CMCF and SMCI, residents have not been informed of any waiver of the six-dollar sick call fee for those seeking medical care for COVID-19 symptoms, which residents report will prolong the period that patients with COVID-19 remain symptomatic in crowded housing units. See Triplett Decl. at ¶ 31 (Residents have not been informed of the fee waiver, and people avoid medical visits because of the cost); Smith Decl. at ¶5 (same).
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MDOC’s failure to adequately implement minimally necessary measures is unsurprising. Prior to the COVID-19 pandemic, Mississippi’s prisons were in a state of crisis—plagued by violence and death rates that far exceed the national average.43 Audits at multiple MDOC facilities, including SMCI,44 have found that chronic lack of staff prevents execution of most basic operations required to run prisons. Prisoner counts, for example, are performed incorrectly and inconsistently.45 At CMCF, this is also true.46 Because lack of staffing compromises the ability to operate a prison safely, two former MDOC Commissioners have called the systems’ current staff-to-resident ratio “unconscionable” and unsafe,47 and a “crisis.”48

43 See, e.g., R. Rojas, After a Dozen Deaths, Justice Dept. Investigates Mississippi Prisons, N.Y. TIMES (Feb. 5,

2020), available at https://www.nytimes.com/2020/02/05/us/parchman-mississippi-prisons.html (providing that

multiple Mississippi prisons are under federal investigation by the United States Department of Justice); Mississippi

Prison System Faces Investigation, Lawsuits After Rash of Inmate Deaths, NPR (Apr. 18, 2020), available at

https://www.npr.org/2020/04/18/837855215/mississippi-prison-system-faces-investigation-lawsuits-after-rash-of-

inmate-death; The number of deaths in state prison system has steadily increased from the mid-2010s, with 85

deaths in FY 2018, 80 deaths in FY 2019, and 30 deaths in 2020 as of April of this year. The national average death

rate hovers just under 9 deaths per 1000 people. See U.S. Death Rate 1950-2020, Macro Trends, available at

https://www.macrotrends.net/countries/USA/united-states/death-rate (last visited May 20, 2020).

44 At SMCI, staff vacancy rate was almost 50%, prompting the facility to go on lockdown almost continuously since

January 2019. Miss. Dept. of Corr., SMCI Staffing Crisis Prompts Lockdown and Visitation Cancellation (Jan. 25,

2019), https://www.mdoc.ms.gov/Pages/SMCI-Staffing-Crisis-Prompts-Lockdown-and-Visitation-Cancellation-

.aspx; J. Mitchell, Ticking Time Bomb: Violence Surges Among Guard Shortage, Lockdown at Mississippi Prison,

USA Today (Aug. 19, 2019), https://www.usatoday.com/story/news/investigations/2019/08/19/prison-

violencesurges-mississippi-prison-amid-guard-shortage/205455400.

45 See Letter from Mississippi community leaders to Eric S. Dreiband, Assistant Attorney General, Civil Rights

Division, U.S. Dep’t of Justice, Re: Request for Immediate CRIPA Investigation into Conditions of Confinement in

the Mississippi Department of Corrections, at 1 (Jan. 7, 2020), available at

https://int.nyt.com/data/documenthelper/6649-request-for-civil-rights-

inves/30a322c66c43de9b7833/optimized/full.pdf (“CRIPA Letter”); see also Joseph Neff & Alysia Santo,

Corporate Confession: Gangs Ran This Private Prison, The Marshall Project (Jun. 26, 2019), available at

https://www.themarshallproject.org/2019/06/26/corporate-confession-gangs-ran-this-private-p;

Killings in

Wilkinson County Correctional Facility in 2017 and 2018, The Marshall Project (Jun. 25, 2019), available at

https://www.themarshallproject.org/documents/6167953-Wilkinson-Killings-2017-to-20; J. Mitchell, Inside the

Prison Where Inmates Set Each Other On Fire and Gangs Have More Power Than Guards, ProPublica (Aug.19,

2019), available at https://www.propublica.org/article/leakesville-south-mississippi-correctionalinstitution-prison-

gangs.

46 See Smith Decl. at ¶ 21 (noting prisoner counts sometimes take place only once every three days).

47 See J. Mitchell, Inside the Prison Where Inmates Set Each Other On Fire and Gangs Have More Power Than

Guards, ProPublica (Aug.19, 2019), available at https://www.propublica.org/article/leakesville-south-mississippi-

correctionalinstitution-prison-gangs.

48 Miss. Dept. of Corr., SMCI Staffing Crisis Prompts Lockdown and Visitation Cancellation (Jan. 25, 2019),

available

at

https://www.mdoc.ms.gov/Pages/SMCI-Staffing-Crisis-Prompts-Lockdown-and-Visitation-

Cancellation-.aspx.

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Mississippi, which has the second-highest rate incarceration in the America,49 has been
operating a prison system in crisis mode—long before the onset of the pandemic. CMCF and
SMCI are functionally overcrowded, operating at double their staffed capacities. As of June
2019, CMCF’s staffing ratio was 16 residents per correctional officer, and SMCI’s was 21
residents per correctional officer.50 These rations are far worse than the ratios in Alabama’s
prison system. The United States Department of Justice found that Alabama’s staffing ratio of
9.9 residents per correctional officer was “egregious” and “dangerous,” and that it contributed to
likely violations of the Eighth Amendment rights of Alabama prisoners even before the COVID-
19 pandemic.51 Since February 2020, MDOC has been under federal investigation for failure to
adequately protect residents from harm at CMCF, SMCI, and two other prisons.52
MDOC is aware of the substantial risk of serious harm to residents posed by the COVID-
19 pandemic.53 MDOC is aware of the importance of implementing measures required to manage
coronavirus, including with regards to disinfection, hygiene, prompt medical care access, testing,
49 See Latest Data Shows Mississippi Now Ranked as Second Highest Imprisoner in the Nation, FWD (March 2, 2020), available at https://www.fwd.us/news/latest-data-shows-mississippi-now-ranked-as-second-highestimprisoner-in-the-nation/. 50 See Miss. Dept. of Corr., MDOC Annual Report: Fiscal Year 2019 at 16, available at https://www.mdoc.ms.gov/Admin-Finance/Documents/2019%20Annual%20Report.pdf (last accessed May 23, 2020). MDOC pays the lowest salaries for correctional staff of any state in the country. See Kendall Downing, Low Pay Contributes to Staffing Problems at Mississippi Prisons, WLOX (Aug. 22, 2019), available at https://www.wlox.com/2019/08/23/low-pay-contributes-staffing-problems-mississippi-prisons/; see also, e.g., U.S. Bureau of Labor Statistics, Occupational Employment and Wages (May 2018), https://www.bls.gov/oes/2018/may/oes_nat.htm. From 2014 to 2019, state spending on its correctional facilities has declined by over $180 million. J. Mitchell, We Reported on Troubled Prisons. Now, Officials and a Gang Have a Shared Goal: Reform, ProPublica (Sept.6, 2019), available at https://www.propublica.org/article/we-reported-ontroubled-prisons-now-officials-anda-gang-have-a-shared-goal-reform. 51 See Investigation of Alabama’s State Prisons for Men 9–10, U.S. Dep’t of Justice (Apr. 2, 2019), available at https://www.justice.gov/crt/case-document/file/1149971/download; J. Mitchell, Violent, Ongoing Hell: Mississippi Prisons May Be Worse than Alabama's. Will DOJ Step in?, CLARION LEDGER (Aug. 21, 2019), available at https://www.clarionledger.com/story/news/2019/08/21/mississippi-prisons-conditions-worse-than-alabama-dojviolence-cruel-unusual-punishment/2055478001/. 52 Justice Department Announces Investigation into Conditions in Four Mississippi Prisons, U.S. Dep’t of Justice (Feb. 5, 2020), available at https://www.justice.gov/opa/pr/justice-department-announces-investigation-conditionsfour-mississippi-prisons. 53 See Miss. Dept. of Corr., COVID-19 Information and Updates, available at https://www.mdoc.ms.gov/Pages/COVID-19-Information-and-Updates.aspx (last visited May 22, 2020).
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isolation, and quarantine.54 MDOC’s failure to adequately implement basic infection prevention measures has placed residents and staff at CMCF and SMCI, particularly those who are medically vulnerable due to disability, in unjustifiable and unnecessary peril.
III. LEGAL STANDARD Courts should grant preliminary injunctive relief where the movant can show (1) a substantial likelihood of success on the merits; (2) a substantial threat that the movant will suffer irreparable injury if the injunction is denied; (3) that the threatened injury outweighs any damage that the injunction might cause the defendant; and (4) that the injunction will not disserve the public interest. Jackson Women’s Health Org. v. Currier, 760 F.3d 448, 452 (quoting Hoover v. Morales, 164 F.3d 221, 224 (5th Cir. 1998)). The same standard applies to both a temporary restraining order and a preliminary injunction. Clark v. Pritchard, 812 F.2d 991, 993 (5th Cir. 1987). Courts should compel certain actions through granting mandatory injunctive relief where the movant shows a clear entitlement to the relief under the facts and the law. Justin Indus., Inc. v. Choctaw Secur., Ltd. P'ship, 920 F.2d 262, 264 (5th Cir. 1990).
IV. LEGAL ARGUMENT Plaintiffs satisfy the standard for preliminary injunctive relief, and it should be granted.55 A. There is a Substantial Threat That Plaintiffs Will Suffer Irreparable Injury, Including Preventable Death, if MDOC is Not Required to Implement COVID-19 Protocols Consistent with Established Standards of Care for Infection Control and CDC Guidance. In the absence of preliminary injunctive relief, there is a substantial threat that Plaintiffs will suffer irreparable harm in the form of unnecessary infections, hospitalizations, serious illnesses, and deaths. To grant preliminary injunctive relief, “[t]here must be more than a ‘mere
54 See Ex. 15, Miss. Dept. of Corr., COVID-19 Questions and Answers (updated May 21, 2020) (citing practices necessary to “ensure the well-being of staff and inmates”) (“COVID-19 Q&A”). 55 MDOC, CMCF, and SMCI are public entities under Title II of the ADA and receive federal financial assistance within the meaning of the RA.
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possibility’ that the [real or immediate danger] will occur.” Cohen v. Coahoma County, Miss., 805 F. Supp. 398, 405 (N.D. Miss. 1992). “Speculative injury is not sufficient; there must be more than an unfounded fear on the part of the applicant.” Holland Am. Ins. Co. v. Succession of Roy, 777 F.2d 992, 997 (5th Cir. 1985). However, a plaintiff need not show that the harm has already occurred. See Gates v. Cook, 376 F.3d 323, 333 (5th Cir. 2004). Indeed, “[i]t would be odd to deny an injunction to inmates who plainly proved an unsafe, life-threatening condition in their prison on the ground that nothing yet had happened to them.” Helling v. McKinney, 509 U.S. 25, 33-34 (1993). Irreparable harm includes “a heightened risk of dying or suffering from serious illness and long-term health consequences,” “bodily injury and loss of life.” City of Los Angeles v. Lyons, 461 U.S. 95, 98 (1983); Vazquez Barrera v. Wolf, 4:20-CV-1241, 2020 WL 1904497, at *6 (S.D. Tex. Apr. 17, 2020) (granting motion for Temporary Restraining Order as a preliminary injunction to release plaintiff from detention due to substantial risk of irreparable harm from COVID-19); Unknown Parties v. Johnson, No. CV-15-00250-TUC (DCB), 2016 WL 8188563, at *15 (D. Ariz. No. 18, 2016), aff’d sub nom Doe v. Kelly, 878 F.3d 710 (9th Cir. 2017) (finding irreparable harm where evidence demonstrated “medical risks associated with . . . being exposed to communicable diseases”).
Residents at CMFC and SMCI face a substantial threat of irreparable harm: MDOC’s failure to implement COVID-19 protocols consistent with established standards of care for infection control has created a substantial risk that residents—particularly those who are more susceptible to rapid disease progression due to disability—will be unnecessarily infected, hospitalized, and die. COVID-19 can disable and kill with alarming speed.56 In healthy
56 Gonsalves Decl. at ¶ 8. S. Radcliffe, Here’s What Happens to the Body After Contracting the New Coronavirus, Healthline (April 30, 2020), available at https://www.healthline.com/health-news/heres-what-happens-to-the-bodyafter-contracting-the-coronavirus#COVID-19-affects-lungs (“One recent study of 138 people hospitalized for
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individuals who develop even initially mild symptoms, the symptoms can escalate into
respiratory failure requiring hospitalization in less than a week.57 Absent swift identification and
clinical care of individuals whose symptoms swiftly ripen into respiratory failure, the infected
individual’s risk of coronavirus-related death or serious, prolonged illness and hospitalization
dramatically increases.58 In Milwaukee, a man died less than eight hours after being admitted to
the hospital for symptoms he began experiencing that morning.59 In Washington, nursing home
caretakers witnessed infected individuals progress “from no symptoms to death in just a matter
of a few hours.”60
The already narrow window of opportunity to try and prevent death due to coronavirus-
induced respiratory failure is much narrower for residents who have “[h]eart disease,
hypertension, prior stroke, diabetes, chronic lung disease, and chronic kidney disease,” which
“all [have] been associated with increased illness severity and adverse outcomes.”61 Many such
COVID-19 found that on average, people started having difficulty breathing 5 days after showing symptoms. ARDS [“acute respiratory distress syndrome”] developed on average 8 days after symptoms.”) 57 Gonsalves Dec. ¶ 8.; see also D. Wang, B. Hu, C. Hu, Clinical Characteristics of 138 Hospitalized Patients with 2019 Novel Coronavirus-Infected Pneumonia in Wuhan, China, JAMA (February 7, 2020), available at https://jamanetwork.com/journals/jama/fullarticle/2761044). 58 See, e.g., J. Phua et. al., Intensive Care Management of Coronavirus Disease 2019 (COVID-19): Challenges and Recommendations at 508-09, Asian Critical Care Clinical Trials Group (May 2020), available at https://www.thelancet.com/pdfs/journals/lanres/PIIS2213-2600(20)30161-2.pdf (suggesting non-invasive ventilation and high-flow nasal cannula may reduce intubation and mortality in patients showing acute respiratory distress syndrome, or “ARDS”, if implemented before ARDS worsens to become moderate or severe); Surviving Sepsis Campaign: Guidelines on the Management of Critically Ill Adults with Coronavirus Disease 2019 (COVID-19) at 8, Society of Critical Care Medicine (March 20, 2020), available at https://www.sccm.org/getattachment/SurvivingSepsisCampaign/Guidelines/COVID-19/SSC-COVID-19Guidelines-Binder.pdf?lang=en-US (“In adults with COVID-19 receiving NIPPV or HFNC, we recommend close monitoring for worsening of respiratory status, and early intubation in a controlled setting if worsening occurs.”). 59 See D. Williams, ‘It’s Serious:’ Milwaukee Mane Died from COVID-19 Less Than 8 Hours after Hospital Admittance (March 24, 2020), available at https://fox6now.com/2020/03/24/its-serious-milwaukee-man-died-fromcovid-19-less-than-8-hours-after-hospital-admittance/. 60 See D. Grady, U.S. Health Experts Say Stricter Measures Are Required to Limit Coronavirus’s Spread, N.Y. Times (March 8, 2020), available at https://www.nytimes.com/2020/03/08/health/coronavirus-spread-unitedstates.html. 61 Ctrs. for Disease Control & Prev., Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) (May 15, 2020), supra. See also, e.g., Ewing Decl. at ¶ 7-8 (describing kidney disease); Holder Decl. at ¶ 5 (describing diabetes).
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residents are members of the proposed Disability Subclass,62 and are more likely to succumb to
rapid disease progression and death due to infection.
Defendants are frequently unable to adequately and promptly respond to medical
emergencies at CMCF and SMCI.63 There is often no staff member available to monitor
residents for symptoms or receive reports of a residents’ symptoms. Even when the paper-and-
pen sick call slip process is successfully initiated, it can take up to a week to be seen by medical
staff.64 The sick call process, however, is frequently impossible to initiate. Tower officers are
supposed to provide blank sick call forms for residents upon request. Residents are supposed to
then fill them out by hand and submit them. Tower officers, however, are not reliably present or
responsive.65 Tower officers sometimes run out of slips and do not get more, particularly during
cold and flu season.66
These sick call failures are systemic and dangerous, including because infected residents
are most likely to infect others when they first begin to show symptoms, if not before.67 A cough
62 Gonsalves Decl. at ¶ 42; Radliffe, supra (“Older people and those with chronic medical conditions appear to have a higher risk for developing severe illness.”); W. Alhazzani et. al., Surviving Sepsis Campaign: Guidelines on the Management of Critically Ill Adults with Coronavirus Disease 2019 (COVID-19), Waleed Alhazzani et. al., Surviving Sepsis Campaign: Guidelines on the Management of Critically Ill Adults with Coronavirus Disease 2019 (COVID-19), Springer (March 28, 2020), available at https://link.springer.com/article/10.1007/s00134-020-06022-5 (“Risk factors associated with respiratory failure requiring mechanical ventilation are not clearly described in published reports, although from the limited available data, risk factors associated with a critical illness/ICU admission included older age (> 60 years), male gender, and the presence of underlying comorbidities such as diabetes, malignancy, and immunocompromised state”). 63 See Waddell Decl. at ¶ 22 (describing the lack of medical response due to unavailable officers when a woman’s water broke at CMFC); Lewis Decl. at ¶ 47 (residents at SMCI witnessed another inmate die of a stroke because officials took 40 minutes to respond); Triplett Decl. at ¶ 13 (no staff was present to get medical help when an inmate was experiencing heart attack symptoms). 64 See Ewing Decl. at ¶ 27 (“Typically, if I fill out a sick call slip and submit it, it takes a few days to over a week to get seen by medical staff. We have not been told of any procedure for getting seen sooner if we have symptoms of coronavirus.”); Waddell ¶ 38; Triplett Decl. at ¶ 30; see also Henderson Decl. at ¶ 35 (noting that inmates have had to wait until pill call to submit a sick call slip because the cafeteria where the submission box is, is closed); Davis Decl. at ¶ 29 (residents have not been informed of an expedited process to receive medical attention when exhibiting respiratory symptoms); Holder Decl. at ¶ 19 (same). 65 Henderson Decl. at ¶ 35. 66 Lewis Decl. at ¶ 46 (noting sick call slips often run out and noting that no slips were available on May 7, 2020). 67 Viral shedding occurs when a virus replicates inside the body and is released into the environment. This process peaks on or before symptom onset. See, e.g., Xi He et al., Temporal Dynamics in Viral Shedding and
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can release about 3,000 viral droplets at a speed of 50mph; a single sneeze releases 30,000
droplets that can travel up to 200mph.68 A few hundreds SARS-CoV2 infectious viral particles
can infect another individual.69 Viral droplets can easily travel across a room in a few seconds.70
Because symptomatic infected individuals frequently experience severe coughing throughout
their infection, MDOC’s practice of leaving symptomatic patients in a crowded area for even a
few hours poses a substantial risk of serious harm to the patient and co-residents and staff.71
In summary, the sick call process cannot be reliably initiated, and the delay to evaluation
and isolation by medical staff is generally days-long.72 This creates (1) a substantial risk that
symptomatic patients will be hospitalized unnecessarily and die; and (2) a substantial risk that
staff and residents housed with symptomatic patients will become infected, also unnecessarily.73
At CMCF and SMCI, basic infection prevention measures relating to cleaning and
disinfection of housing units have yet to be sufficiently implemented. To reduce the high risk of
a COVID-19 outbreak in a prison, facilities must implement “intensified cleaning and
disinfecting procedures.”74 At CMCF and SMCI, the common areas of housing units—which
comprise one-quarter to one-third of the unit—are cleaned about once a day; higher-traffic living
Transmissibility of COVID-19, Nature (April 15, 2020), available at https://www.nature.com/articles/s41591-0200869-5 (“We observed the highest viral load in throat swabs at the time of symptom onset, and inferred that infectiousness peaked on or before symptom onset. We estimated that 44% (95% confidence interval, 25–69%) of secondary cases were infected during the index cases’ presymptomatic stage, in settings with substantial household clustering, active case finding and quarantine outside the home.”); see also Gonsalves Decl. at ¶ 8. 68 E. Bromage, The Risks – Know Them – Avoid Them (May 6, 2020), available at https://www.erinbromage.com/post/the-risks-know-them-avoid-them (last visited May 17, 2020). 69 See, e.g., L. Geddes, Does a High Viral Load or Infections Dose Make Covid-19 Worse?, New Scientist (March 27. 2020), available at https://www.newscientist.com/article/2238819-does-a-high-viral-load-or-infectious-dosemake-covid-19-worse/. 70 Id. 71 Ctrs. for Disease Control & Prev., Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) (May 15, 2020), supra. 72 See Davis Decl. at ¶ 29 (residents have not been informed of an expedited medical visit procedure for inmates exhibiting respiratory symptoms); Holder Decl. at ¶ 19 (same); Smith Decl. at ¶ 48 (same); see also Gonsalves Dec. ¶ 8. 73 Venters’ Decl. at ¶¶ 33-34. 74 CDC Guidance at 9.
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areas are generally not cleaned at all.75 Residents assigned to clean common areas often do not
do so, and “[t]here is no staff supervision to ensure the people assigned to clear are doing the
cleaning.”76 One named Plaintiff—a 68-year old man in a wheelchair who cannot walk without
falling—attempts to clean common areas at night because those assigned do not, but not enough
chemicals are provided to do the job.77 Another Plaintiff reports, “There are not enough staff to
ensure that chemicals that do make it to the zone are used to clean the zone,” and supplies are
often diverted and sold.78
The risk of irreparable harm to residents attributable to inadequate staff being available to
supervise implementation of basic infection prevention practices is substantial.79 Defendants’
chronic staffing shortage has the natural consequence of preventing the increased supervision
required to ensure intensified cleaning and effective distribution of cleaning chemicals. MDOC’s
failures pose a substantial risk to residents of unnecessary COVID-19 infection. To members of
the proposed Disability Subclass, MDOC’s failures pose a substantial risk that unnecessary
infections will lead to hospitalization and death.
The threat of contracting COVID-19 in prison is substantial. The crowded quarters of
prisons make them more prone to infection outbreak.80 As one court in the Fifth Circuit
observed, the risk of coronavirus-caused harm to individuals in inadequately responsive facilities
75 Smith Decl. at ¶ 30; Davis Decl. at ¶ 17 (“We are not being provided with chemicals daily to clean common areas.”). 76 Ewing Decl. at ¶ 13; see Henderson Decl. at ¶ 12 (noting staff do not enforce daily common room cleaning); Davis Decl. at ¶ 17 (noting staff do not come by every day to see if residents are cleaning); Lewis Decl. at ¶ 26 (noting cleaning assignments are not enforced by staff). 77 Ewing Decl. at ¶ 13. 78 Davis Decl. at ¶ 18; see Waddell Decl. at ¶ 27. 79 Venters’ Decl. at ¶¶ 50-54. 80 Gonsalves Decl. at ¶¶ 5-7 (“Prisons have even greater risk of infectious spread than other enclosed environments because of conditions of crowding, the proportion of vulnerable people detained, and often scant medical care resources.”); Dylan Matthews, America’s Covid-19 Hot Spots Shed a Light on our Moral Failures, Vox (May 1, 2020), https://www.vox.com/future-perfect/2020/5/1/21239396/covid-19-meatpacking-prison-jail-moral; German Lopez, Why US Jails and Prisons Became Coronavirus Epicenters, Vox (April 22, 2020), https://www.vox.com/2020/4/22/21228146/coronavirus-pandemic-jails-prisons-epicenters.
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is “both imminent and irreparable.” Vazquez Barrera, 2020 WL 1904497, at *6. That risk is even higher for individuals with “particularly medical vulnerabilities,” such as the Plaintiffs in the Disability Subclass. Id. (referencing CDC guidance and information). Many of the riskenhancing conditions described in Vazquez Barrera are identical to those in CMFC and SMCI: In each case, social distancing is impossible, residents sleep in close quarters in rooms of 90 to 100 individuals, residents share bathrooms and common spaces, and none of the facilities provide residents with hand sanitizer, tissues, or adequate soap and paper towels.81
The physical devastation coronavirus causes qualifies as “irreparable injury.” Russell v. Harris County, Tex., CV H-19-226, 2020 WL 1866835, at *11 (S.D. Tex. Apr. 14, 2020).
Plaintiffs have satisfied this element of the preliminary injunctive relief standard. See Currier, 760 F.3d at 452.
B. Plaintiffs Are Likely to Succeed on the Merits of Their Claims. Plaintiffs’ proposed class is composed of residents who are now or will be in the future
incarcerated at CMCF or SMCI during the duration of the COVID-19 pandemic. Plaintiffs’ proposed Disability Subclass is composed of residents who suffer from a disability that substantially limits one or more of their major life activities and who are at increased risk of contracting, becoming severely ill from, and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability.82
81 Compare Vazquez Barrera, 2020 WL 1904497, at *2 with Waddell Decl. at ¶ 13, 30; Smith Decl. at ¶ 11; Lewis Decl. at ¶ 3-4, 6; Davis Decl. at ¶ 26; Henderson Decl. at ¶ 25. 82 See Gonsalves Decl. at ¶ 45.
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1. Class Claim: MDOC is Aware of the Substantial Risk of Serious Harm Posed by its Deficient COVID-19 Response, Including of Infection, Hospitalization, and Death.
Defendants are aware of the high risk of serious harm that their inactions entail, yet they have knowingly implemented deficient COVID-19 protocols that pose a substantial risk to Plaintiffs of infection, hospitalization, and death, in violation of the Eighth Amendment of the Constitution.
Corrections officials have a constitutional obligation to protect incarcerated people from a substantial risk of serious harm; they may be held liable under the Eighth Amendment if officials know that residents face a substantial risk of serious harm and disregard that risk by failing to take reasonable measures to abate it. Farmer v. Brennan, 511 U.S. 825, 828 (1994). Under the Eighth Amendment, prison officials “must provide humane conditions of confinement; . . . must ensure that inmates receive adequate food, clothing, shelter, and medical care, and must take reasonable measures to guarantee the safety of the inmates[.]” Id. at 832 (internal quotation marks omitted).
This obligation includes the requirement to address prisoners’ serious medical needs, such as reasonable protection from infectious diseases like COVID-19. See Estelle v. Gamble, 429 U.S. 97, 104 (1976); Brown v. Plata, 563 U.S. 493, 531-32 (2011); Hinojosa v. Livingston, 807 F.3d 657, 666 (5th Cir. 2015) (plaintiff stated an Eighth Amendment claim when Defendants subjected him to conditions “posing a substantial risk of serious harm” to his health).
Prison officials violate the affirmative obligation to protect inmates by showing “deliberate indifference” to a substantial risk of serious harm. Farmer, 511 U.S. at 828. Deliberate indifference exists when corrections officials “ignore a condition of confinement that is sure or very likely to cause serious illness and needless suffering the next week or month or year,” even when “the complaining inmate shows no serious current symptoms.” Helling, 509 U.S. at 33, 35 (holding that the Eighth Amendment forbids deliberate indifference to conditions that “pose an
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unreasonable risk of serious damage to . . . future health” and noting that “deliberate[] indifferen[ce] to the exposure of inmates to a serious communicable disease” could violate the Eighth Amendment even if a prisoner shows no serious symptoms); see also Ball v. LeBlanc, 792 F.3d 584, 594 (5th Cir. 2015) (court “may conclude that a prison official knew of a substantial risk from the very fact that the risk was obvious”) (citing Farmer, 511 U.S. at 842); Hinojosa, 807 F.3d at 667 (“open and obvious nature” of dangerous prison conditions supported an inference of deliberate indifference); Johnson v. Epps, 499 F. App’x 583, 589-92 (5th Cir. 2012) (allegations that prisoner was exposed to “serious, communicable diseases” and that prison officials were aware of the risk and did nothing to prevent it were sufficient to state a claim for violation of Eighth Amendment rights); Gates v. Collier, 501 F.2d 1291, 1300-03 (5th Cir. 1974) (affirming district court’s holding that allowing “[s]ome inmates with serious contagious diseases . . . to mingle with the general prison population,” alongside maintaining a host of other unsanitary and inhumane conditions, “constitute[d] cruel and unusual punishment”) (cited with approval in Rhodes v. Chapman, 452 U.S. 337, 352 n.17 (1981)).
In this case, COVID-19 poses a substantial risk of serious harm to residents.83 COVID-19 is extremely infectious, and sufficient infection prevention measures are required to prevent an outbreak.84 Infection of individual residents—particularly those in the Disability Subclass who are at higher risk of hospitalization and death due to infection—poses a substantial risk of harm to that individual’s health and safety.85 An outbreaks within a prison poses a substantial risk of additional serious harms. An outbreak could overwhelm our hospital system and prevent
83 Venters’ Decl. at ¶ 33. 84 Gonsalves Decl. at ¶¶ 14-18 (describing highly infectious nature of COVID-19 and emphasizing need for protective measures); Venters’ Decl. at ¶ 34 (“Waiting even 24 hours between reporting of symptoms and isolation can substantially increase the risk of unnecessarily infecting scores of individuals housed with the symptomatic person.”). 85 Venters’ Decl. at ¶ 33 (explaining COVID-19 can rapidly result in “irreversible deterioration of health” and “organ failure”).
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residents, as well as staff and community members, from obtaining timely treatment, which
increases the risk to residents of serious illness and death.86
A court need not wait for a confirmed outbreak of COVID-19 infections at CMCF or
SMCI to find that a substantial risk of serious harm exists. Helling, 509 U.S. at 33-34 (“That the
Eighth Amendment protects against future harm to inmates is not a novel proposition. . . . It
would be odd to deny an injunction to inmates who plainly proved an unsafe, life-threatening
condition in their prison on the ground that nothing yet had happened to them.”); Gates v. Cook,
376 F.3d at 333 (“It is also important to note that [an] inmate need not show that death or serious
illness has [already] occurred.”); see also Farmer, 511 U.S. at 833 (“[H]aving stripped
[prisoners] of virtually every means of self-protection and foreclosed their access to outside aid,
the government and its officials are not free to let the state of nature take its course.”).
Defendants know of the risk of harm to residents due to COVID-19. MDOC purports to
have responded appropriately, including with regards to medical care access, disinfection and
hygiene, social distancing, communication, testing, isolation and quarantine.87 Yet Defendants
have failed to comply with the very policies it claims to have implemented to “ensure staff and
residents’ safety.”88
86 Venters’ Decl. at ¶¶ 54-55. 87 COVID-19 Q&A, May 21, 2020. 88 For example, MDOC claims to have installed hand sanitizer stations for staff and residents’ use, yet the Named Plaintiffs are housed in units across both facilities and are not being provided with hand sanitizer, nor have hand sanitizer stations been installed for their use. Compare COVID-19 Q&A (“Hand sanitizer stations are installed in strategic locations for both staff and inmates’ use.”) with Ewing Decl. at ¶ 23 (no hand sanitizer provided); Hatten Decl. at ¶ 12 (same); Waddell Decl. at ¶ 32 (same); Henderson Decl. at ¶ 25(same); Lewis Decl. at ¶ 36 (same); Triplett Decl. at ¶ 19 (same). MDOC claims a “face-to-face triage is completed with 24 hours of submission of the sick call request,” yet residents wait multiple days before their slips are acknowledged. Compare COVID-19 Q&A with Ewing Decl. at ¶ 27 (it generally takes a few days to over a week to be seen by medical staff after submitting a sick call slip); Waddell Decl. at ¶ 38 (same); Triplett Decl. at ¶ 30 (same). Sick call slip processing usually takes multiple days to over a week, and many residents have not been informed of any expedited procedure for COVID-19 symptoms. Id.; Smith Decl. at ¶ 48. Oftentimes the there are no sick call slips available at all, especially during cold and flu season, making it impossible for residents to get medical attention. Lewis Decl. at ¶ 46 (noting no sick slips were available on May 7, 2020). The Defendants purports that “[q]uarantined inmates are monitored daily for symptoms of the coronavirus” and “receive enhanced screening.” COVID-19 Q&A, May 21, 2020. However, when
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Defendants’ knowing failure to adequately implement baseline infection prevention
protocols to address the substantial risk of harm to residents constitutes deliberate indifference.
See Helling, 509 U.S. at 33, 35; Johnson v. Epps, 499 F. App’x at 589-92. As noted by the
Supreme Court in Helling, ignoring conditions such as these which are “sure or very likely” to
cause serious illness and suffering violates the Eight Amendment. Defendants have, among other
failures, not provided prompt medical screenings for infectious disease, not provide sufficient
soap, not provided adequate cleaning supplies, and not ensured cleaning is done.89 MDOC has
also failed to comply with CDC guidance, despite “recommending staff and inmates follow the
health guidelines for the Centers for Disease Control (CDC) and Prevention.”90
For example, the CDC and other public health agencies have universally prescribed
social distancing and rigorous hygiene as the only ways to meaningfully mitigate the spread of
this virus.91 At CMCF and SMCI, however, cleaning is haphazard and has not been increased to
an entire zone at CMFC was placed on quarantine for two weeks due to exposure, CMFC took residents’ temperatures approximately three times, and no intensified cleaning or disinfecting measures were enacted. See Waddell Decl. at ¶ 3-6. MDOC also claims that its testing policy for residents is “the same for the general public.” COVID-19 Q&A, May 21, 2020. However, individuals with symptoms of coughing and fever at MDOC who would have qualified as high priority or priority for testing in the community were seen and not tested for coronavirus by MDOC staff. Miss. Dept. Health, Updated MSDH and CDC Community Based Testing Site Guidance (Apr. 30, 2020) available at https://msdh.ms.gov/msdhsite/_static/resources/8502.pdf; Davis Decl. at ¶¶ 5-10; Ex. 12 (“Ryan Decl.”) at ¶¶ (3-9); Ex. 9 (“Guyton Decl.”) at ¶¶ 4-15, 19. 89 See Gonsalves Decl., n. 68-69 (describing deficiencies and citing inmate declarations). 90 COVID-19 Q&A, May 21, 2020. 91 See Gonsalves Decl. at ¶¶ 43-44 (describing guidance of CDC). To properly practice social distancing, every person should remain at a distance of at least six feet from every other person. Ctrs. for Disease Control & Prev., Coronavirus Disease 2019 (COVID-19): Social Distancing, Quarantine, and Isolation, available at https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/social-distancing.html. Rigorous hygiene should include regular and thorough hand washing with soap and water, the use of alcohol-based hand sanitizer, proper sneeze and cough etiquette, and frequent cleaning of all surfaces. Ctrs. for Disease Control & Prev., Coronavirus Disease 2019 (COVID-19): How to Protect Yourself, available at https://www.cdc.gov/coronavirus/2019ncov/prevent-getting-sick/prevention.html (last visited Apr. 28, 2020). The CDC has issued guidance that people should strictly limit their contact with others and avoid gathering in groups of more than ten. Ctrs. for Disease Control & Prev., Coronavirus Disease 2019 (COVID-19): Resources for Large Events and Mass Gatherings, available at https://www.cdc.gov/coronavirus/2019-ncov/community/large-events/index.html (last visited Apr.28, 2020). See Gonsalves Decl. at ¶¶ 43-44 (describing guidance of CDC).
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account for COVID-19’s highly contagious nature.92 The amount of soap given to inmates is insufficient, and residents are forced to choose between cleaning their clothes, their hands, their bodies and hair, or their personal space.93 What little soap does exist irritates inmates’ skin to the point of deterring hand washing.94 Staff refuse to provide additional soap when inmates run out.95 Social distancing is “physically impossible,” and inmates have not been instructed to remain six feet apart or implement even the most basic distancing measures, such as sleeping “head to foot to increase the distance between them.”96 They crowd together in the common room, by their racks, during pill call, and during meal times.97
By failing to provide adequate hygiene supplies and chemicals for rudimentary cleaning, and by forbidding at least some inmates to wear protective masks, MDOC has also effectively prevented inmates from caring for their own health. This alone violates the Eight Amendment. See Shepherd v. Dallas County, 591 F.3d 445, 453–54 (5th Cir. 2009) (“When the State by the affirmative exercise of its power so restrains an individual's liberty that it renders him unable to care for himself, and at the same time fails to provide for his basic human needs—e.g., food, clothing, shelter, medical care, and reasonable safety—it transgresses the substantive limits on state action set by the Eighth Amendment and the Due Process Clause.”) (citations omitted).
Mississippians have made overwhelming sacrifices to protect the state’s hospital infrastructure from being overwhelmed by COVID-19 cases. MDOC is aware of the importance of implementing practices to ensure prompt medical care access, adequate disinfection and
92 Smith Decl. at ¶ 30; Davis Decl. at ¶ 17 (“We are not being provided with chemicals daily to clean common areas.”); Henderson Decl. at ¶ 12 (noting staff do not enforce daily common room cleaning). 93 Ewing Decl. at ¶ 17; Hatten Decl. at ¶ 11; Smith Decl. at ¶¶ 33-35. 94 Ewing Decl. at ¶ 18. 95 Davis Decl. at ¶ 23. 96 Compare CDC Guidance at 11 (“Arrange bunks so that individuals sleep head to foot to increase the distance between them) with Smith Decl. ¶ at 12 (inmates have not been instructed to sleep head to foot); Triplett Decl. at ¶ 5; see also Lewis Decl. at ¶ 5, Ewing Decl. at ¶ 26; Smith Decl. at ¶ 11. 97 See Hatten Decl. at ¶¶ 9, 16; Henderson Decl. at ¶ 32-34.
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hygiene, testing, isolation, and quarantine during the pandemic, yet it continues to under-test,98
under-staff,99 under-supervise, and under-implement core infection prevention measures.100
Between the lack of soap, the inability to social distance, 101 the prohibition on masks placed on
at least some residents,102 the shortage of cleaning chemicals,103 the lack of supervision,104 and
the materially harmful delays in medical responses,105 MDOC is knowingly exposing CMFC and
SMCI residents to a substantial risk that they will suffer preventable infection, severe illness, and
death from unnecessary COVID-19 exposure.106 These failures are sufficient to establish that
Plaintiffs are highly likely to succeed on the merits of their Eighth Amendment claim.
2. Disability Subclass Claim: MDOC Failed to Make Reasonable Modifications to Their Procedures to Protect Residents Whose Disabilities Make Them More Likely to Succumb to Rapid Disease Progression and Death Due to COVID-19 Infection.
MDOC has failed to make reasonable modifications to their COVID-19 procedures to
protect individuals with disabilities that make them more likely to succumb to rapid disease
progression and death due to COVID-19 exposure. This violates federal disability law. Plaintiffs’
proposed Disability Subclass is composed of residents of CMCF and SMCI who suffer from a
disability that substantially limits one or more of their major life activities and who are at
98 Venters’ Decl. at ¶¶ 10-19 (concluding “MDOC testing practices are systematically deficient”). 99 Venters’ Decl. at ¶¶ 50-53 (detailing chronic understaffing issues and the resulting threat to inmate and staff health and safety). 100 Venters’ Decl. at ¶¶ 20-27 (detailing failures including lack of infection screening; failure to timely see symptomatic persons; lack of access to cleaning and hygiene products; no social distancing measures; no special precautions for high-risk persons; failure to quarantine infected and exposed persons). 101 See Waddell Decl. at ¶¶ 16-18; Lewis Decl. at ¶¶ 3-4, 6. 102 See Smith Decl. at ¶ 44 (inmates received masks at the end of April but were instructed not to wear them); Hatten Decl. at ¶ 15 (less than half of guards wear masks, and residents generally do not); Lewis Decl. at ¶¶ 11-12, 42 (same). 103 See Davis Decl. at ¶¶ 16-18; Ewing Decl. at ¶ 13. 104 See Ewing Decl. at ¶ 13 (cleaning assignments are not enforced); Henderson Decl. at ¶ 12 (noting staff do not enforce daily common room cleaning); Davis Decl. at ¶ 17 (noting staff do not come by every day to see if residents are cleaning); Lewis Decl. at ¶ 26 (noting cleaning assignments are not enforced by staff). 105 See Triplett Decl. at ¶ 30; Lewis Decl. at ¶ 15; Ewing Decl. at ¶ 27. 106 Venters’ Decl. at ¶¶ 54-55 (concluding MDOC “failed to enact basic CDC guidelines” to prevent spread of COVID-19 and to protect staff and detained people, which is “highly likely to result in preventable loss of life among staff and inmates” and “can swiftly overwhelm local hospitals.”)
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increased risk of contracting, becoming severely ill from, and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability.107 Defendants’ failure to “make reasonable modifications in policies, practices, or procedures”108 to protect residents from preventable COVID-19-related serious illness and death—as well as their failure to place Disability Subclass members on furlough or home detention, where they could quarantine safely—is discrimination within the meaning of Title II of the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA).
Title II of the ADA imposes an affirmative obligation on the part of governmental entities to make such reasonable modifications, and the cause of any failure to do so is not relevant to the liability analysis. See, e.g., Bennett-Nelson v. Louisiana Bd. of Regents, 431 F.3d 448, 454-455 (5th Cir. 2005) (“In addition to their respective prohibitions of disability-based discrimination, both the ADA and the Rehabilitation Act impose upon public entities an affirmative obligation to make reasonable accommodations for disabled individuals. Where a defendant fails to meet this affirmative obligation, the cause of that failure is irrelevant.”) (citing Title II of the ADA). While the same conduct that violates the Eighth Amendment may also violate Title II of the ADA, the Supreme Court has recognized that Title II prohibits “a somewhat broader swath of conduct” than the Constitution itself forbids. See United States v. Georgia, 546 U.S. 151, 157, 160 (2006); Tennessee v. Lane, 541 U.S. 509, 533 n. 24 (2004).
The Rehabilitation Act “is operationally identical to the ADA in that both statutes prohibit discrimination against disabled persons; however, the ADA applies only to public entities while the [Rehabilitation Act] applies to any federally funded programs or activities, whether public or private.” Borum v. Swisher County, 2015 U.S. Dist. LEXIS 8628, *8 (N.D.
107 See Gonsalves Decl. at ¶ 45. 108 28 C.F.R. § 35.130(b)(7).
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Tex. Jan. 26, 2015) (citing Kemp v. Holder, 610 F.3d 231, 234 (5th Cir. 2010)).109 Claims under the ADA and RA are both analyzed using the same legal standards. See Cadena v. El Paso Cty., 946 F.3d 717, 723 (5th Cir. 2020) (“The remedies, procedures, and rights available under the Rehabilitation Act parallel those available under the ADA. . . . Thus, jurisprudence interpreting either section is applicable to both.”) (citations and internal punctuation omitted). See also Frame v. City of Arlington, 657 F.3d 215, 223 (5th Cir. 2011); Borum, 2015 U.S. Dist. LEXIS 8628, *8. Consequently, discussion of the legal standards of the ADA below applies to Plaintiffs’ Rehabilitation Act claims as well.
The ADA prohibits public entities, including state prisons, from discriminating on the basis of disability. See, e.g., Pa. Dep’t of Corr. v. Yeskey, 524 U.S. 206, 210 (1998); Cadena, 946 F.3d at 723. Under Title II of the ADA, “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132.
Title II of the ADA imposes an affirmative obligation on public entities to make reasonable modifications of an entity’s procedures to accommodate the needs of disabled individuals who utilize their services or programs. See Lane, 541 U.S. at 531-2; Cadena, 946 F.3d at 723; Bennett-Nelson v. La. Bd. of Regents, 431 F.3d 448, 454 (5th Cir. 2005); Borum, 2015 U.S. Dist. LEXIS 8628, *9. Such services, programs, or activities include the provision of medical care. See, e.g., Yeskey, 524 U.S. at 210; Georgia, 546 U.S. at 157; Borum, 2015 U.S. Dist. LEXIS 8628, *11-12. Regulations implementing Title II of the ADA provide that public entities must “make reasonable modifications in policies, practices, or procedures when the
109 MDOC receives federal funding. See, e.g., J. Mitchell, Broken Promises and Lost Funding: How Mississippi Reform Failed, Guardian (May 9, 2019), available at https://www.theguardian.com/usnews/2019/may/09/mississippi-prison-reform-failed-first-step-act.
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modifications are necessary to avoid discrimination on the basis of disability,” and such discrimination occurs when an entity fails to make reasonable modifications that would allow a person with a disability to participate in a service, program or activity. 28 C.F.R. § 35.130(b)(7)(i).
The requested modifications must be reasonable, “meaning that [they do] not impose undue financial or administrative burdens or ‘fundamentally alter the nature of the service, program, or activity.’110 28 C.F.R. § 35.130(b)(7); see also Frame, 657 F.3d at 232; Cadena, 946 F.3d at 724.
This Court has explained that the ADA and the RA apply to “all of the operations” of a public entity. Frame, 657 F.3d at 225. Other courts have similarly construed the “services, programs, or activities” language in the ADA to encompass “anything a public entity does.” See, e.g., Bahl v. County of Ramsey, 695 F.3d 778, 787 (8th Cir. 2012); Barden v. City of Sacramento, 292 F.3d 1073, 1076 (9th Cir. 2002); Yeskey v. Pa. Dep’t of Corr., 118 F.3d 168, 171 (3d Cir. 1997), aff’d, 524 U.S. 206 (1998). Department of Justice regulations further confirm that “title II applies to anything a public entity does.” Seremeth v. Board of County Commissioners of Frederick County, 673 F.3d 333, 338 (4th Cir. 2012), quoting 28 C.F.R. Pt. 35, App. B; see also H.R. Rep. No. 101-485(II) (1990), reprinted in 1990 U.S.C.C.A.N. 367, 1990 WL 125563 (stating that Title II is intended to apply to “all actions of state and local governments.”).
In the prison context, the “failure to make reasonable accommodations to the needs of a disabled prisoner may have the effect of discriminating against that prisoner because the lack of an accommodation may cause the disabled prisoner to suffer more pain and punishment than non-disabled prisoners.” McCoy v. Tex Dep’t of Criminal Justice, 2006 U.S. Dist. LEXIS
110 MDOC has a constitutional obligation to provide for the medical care and reasonable safety of its inmates. See Helling, 509 U.S. at 32. Accordingly, these accommodations cannot constitute a fundamental alteration or undue burden for purposes of the ADA or Rehabilitation Act.
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55403, *23-24 (S.D. Tex. Aug. 9, 2006); see also Borum, 2015 U.S. Dist. LEXIS 8628, *20;
McCollum v. Livingston, 2017 U.S. Dist. LEXIS 76922, *10-12 (S.D. Tex. May 19, 2017) (citing
numerous cases).
In this case, Plaintiffs in the Disability Subclass are qualified individuals with disabilities
under the ADA, and they also suffer from serious medical conditions that put them at heightened
risk contracting, becoming severely ill from, and dying from COVID-19.111
The ADA defines disability as having an impairment that substantially limits “major life
activities.” 42 U.S.C. § 12102(2). “Major life activities” include “the operation of a major bodily
function, including but not limited to, functions of the immune system, normal cell growth,
digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and
reproductive functions.” Id.
Residents in the Disability Subclass have substantial physical and mental health
impairments that constitute disabilities under the ADA. These Plaintiffs’ status as members of
the Disability Subclass is open and obvious; most are chronic care patients with substantial
medical needs.112 Where a defendant has knowledge of the need for accommodations but fails to
make them, that defendant has failed to fulfill its obligations under the ADA and the
111 See Gonsalves Decl. at ¶ 45. 112 See Ewing Decl. (attesting to Mr. Ewing’s multiple strokes, confinement to a wheelchair, severe chronic asthma, emphysema, cancer, burns covering nearly half his body, nerve pain, and substantial limitations to major life activities including, but not limited to, sleeping, walking, standing, breathing, and respiratory function);Triplett Decl. (attesting to Mr. Triplett’s HIV and paranoid schizophrenia, his weakness, lethargy, and immobility, his lack of appetite and his terrible stomach pain, his inability to go outside frequently, and substantial limitations to major life activities including, but not limited to, eating, walking, standing, concentrating, thinking, communicating, immune system function, neurological function, and brain function); Henderson Decl. (attesting to Mr. Henderson’s neurofibromatosis, tumors on his spine and nervous system, as well as both inside and outside his body, high blood pressure, altered vision, difficulty walking, problems with white blood cells, depression, and substantial limitations to major life activities including, but not limited to, sleeping, seeing, walking, standing, neurological function, and circulatory function);Lewis Decl. (attesting to Mr. Lewis’s chronic asthma, severe migraines, and substantial limitations to major life activities including, but not limited to, walking, speaking, communicating, breathing, and respiratory function); Holder Decl. (attesting to Mr. Holder’s cancer, diabetes, bipolar disorder, and substantial limitations to major life activities, including, but not limited to, sleeping, concentrating, thinking, and brain function).
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Rehabilitation Act. See, e.g., U.S. v. Hialeah Housing Authority, 418 Fed. Appx. 872, 876 (11th Cir. 2011); McCoy, 2006 U.S. Dist. LEXIS 55403, 25-28. Actual knowledge is not required. See, e.g., Cadena, 946 F.3d at 724 (“For this type of claim, a plaintiff must show that the entity knew of the disability and its consequential limitations, either because the plaintiff requested an accommodation or because the nature of the limitation was open and obvious.”); Taylor v. Principal Fin. Group, 93 F.3d 155, 165 (5th Cir. 1996) (noting that an entity’s obligation to provide reasonable accommodations is triggered “[w]here the disability, resulting limitations, and necessary reasonable accommodations, are . . . open, obvious, and apparent[.]”).
Without the preliminary injunctive relief these Plaintiffs seek, they face an unabated increased risk of severe illness and death.113 Defendants therefore have an obligation under the ADA and RA to make reasonable modifications of their COVID-19-related practices as to those Disability Subclass members. The accommodations requested by Plaintiffs, as enumerated in their Motion, are reasonable on their face. As explained by Plaintiff’s experts, they are necessary to ensure that—despite their increased risk of hospitalization and death due to COVID-19 exposure—Disability Subclass members are not unnecessarily bound over to hospitals and death.114 Plaintiffs are therefore entitled to the reasonable modifications they seek through preliminary injunctive relief. That MDOC has failed to implement these modifications to date is sufficient to establish that Plaintiffs are highly likely to succeed on the merits of their federal disability claims.
113 Ex. 1 (“Gonsalves Decl.”) at ¶ 42 (“Releasing older inmates, inmates with underlying medical conditions, and inmates with disabilities and who are at increased risk of contracting, becoming severely ill from, and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability is even more critical. Such individuals are by definition at greater risk if they remain incarcerated under conditions necessarily present in any detention setting.”); Venters’ Decl. at ¶ 33 (“even 24 hours” wait can result in “preventable hospitalization,” “rapid and irreversible deterioration of health,” and “organ failure.”), at ¶ 54 (MDOC’s failure “are highly likely to result in preventable loss of life among staff and inmates). 114 Gonsalves Decl. at ¶ 45; Venters’ Decl. at ¶ 33 (“Patients with underlying conditions are at particular risk for organ failure.”), at ¶ 54 (MDOC has failed “to identify and protect high-risk detainees from serious illness and death from COVID-19”).
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C. The Public Interest and Balance of Equities Weigh Heavily in Plaintiffs’ Favor. In this case, the threatened injury outweighs any damage that the injunction might cause
Defendants, and an injunction will not disserve the public interest.115 Plaintiffs face a substantial and imminent risk of severe illness and possible death if
infected with COVID-19. For members of the Disability Subclass, the risk and the consequences are heightened.116 Defendants have a substantial interest in maintaining a safe environment, preserving order and security, and protecting both inmates and officers. See, e.g., Cohen, 805 F. Supp. at 407. Granting preliminary injunctive relief will have no harmful effect on MDOC or its interests in these areas. Currier, 760 F.3d at 452. In fact, granting this Motion will prevent harm to MDOC. COVID-19 is a deadly, highly contagious disease. It does not discriminate between guards and residents, or between inside and outside prison walls, so the increased cleaning and hygiene measures will undoubtedly benefit MDOC staff and community members. Moreover, many of the practices requested in this Motion are practices MDOC already claims to provide in response to COVID-19, such as freely available soap and hand sanitizer, increased cleaning measures, prompt response to sick call slips, accessible information, and social distancing.117 This clearly indicates that MDOC expects implementing these measures will reap more benefit than it will cost.
115 Whereas the legal standard’s third prong (threatened injury to plaintiff outweighs threat and harm to defendant) and fourth prong (the injunction will not disserve the public interest) are normally considered as separate questions, when an “injunction is against public institutions and against public servants charged with the enforcement of the law, [courts] shall consider together the balancing of the equities required by test three and the question of whether the injunction would disserve the public interest.” Spiegel v. City of Houston, 636 F.2d 997, 1002 (5th Cir.1981); Cohen, 805 F. Supp. at 407. 116 Ctrs. for Disease Control & Prev., People Who Need to Take Extra Precautions, available at https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/index.html (last visited May 19, 2020) (Older adults and people of any age with diabetes, kidney disease, immune-deficiencies, and people with HIV, among others, are at higher risk for severe illness); Gonsalves Dec. ¶ 45. 117 See COVID-19 Q&A, May 21, 2020.
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The injunction sought will also serve the public interest. The public has a substantial interest in preventing an outbreak of COVID-19. Vazquez Barrera, 2020 WL 1904497, at *7. An outbreak in the prisons is likely to spread into the surrounding communities.118 An infection hot spot at CMCF or SMCI would, again, likely overwhelm the hospitals and medical facilities area hospitals, threatening Mississippians’ ability to get adequate COVID-10 medical care at other locations across the state. Implementing measures to prevent a potentially deadly strain on statewide resources will serve the public interest.
In summary, Plaintiffs bear a substantial risk of severe illness or death. On the other side, MDOC has an interest in seeing its current policies implemented and in adopting measures to increase the safety and security of its facilities. It also has an interest in preventing an outbreak that would overwhelm area hospital capacity. Finally, MDOC has an interest in protecting its staff. CMCF and SMCI are already half-staffed. If any slight increase in staffing or resources are required to comply with the preliminary injunctive relief sought, implementation is unlikely to require substantially more resources than are already accounted for by MDOC’s hiring vacancies. In all, the threatened injury to Plaintiffs far outweighs any potential damage to Defendants, and injunctive relief will not disserve to the public interest.
D. Other Courts Have Granted Relief to Address the High Risk of Irreparable Harm that COVID-19 Poses to People Held in Prisons and Detention Facilities. Courts have granted similar preliminary injunctive relief in other cases. In Wilson v.
Williams, plaintiffs, representing a class of inmates at Elkton Federal Correctional Institution in Ohio (“Elkton”), brought an emergency habeas action under 28 U.S.C. § 2241 seeking
118 Gonsalves Decl. at ¶ 26 (describing risks to surrounding community); Sarah Volpenhein, Marion Prison Coronavirus Outbreak Seeping into Larger Community, Marion Star (April 25, 2020), available at https://www.marionstar.com/story/news/local/2020/04/25/marion-prison-ohio-coronavirus-outbreak-seeping-intolarger-community/3026133001/.
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enlargement—the ability to serve their sentences from home confinement, parole, half-way houses, or other areas outside of the prison. No. 4:20-CV-00794, 2020 WL 1940882, (N.D. Ohio Apr. 22, 2020). The court granted a preliminary injunction, ordering Elkton to identify high-risk inmates and evaluate their eligibility to transfer out of Elkton “through any means”, including compassionate release, parole, community supervision, or furlough. Id. at *20. The court found plaintiffs were likely to succeed on their Eighth Amendment claims, explaining that the prison’s “dorm-style design” guaranteed inmates remained in close proximity, and that “Elkton has altogether failed to separate its inmates at least six feet apart, despite clear CDC guidance.” Id. at *9, *16. The court also noted that the cost of treatment for inmates who must undergo intensive care are “likely multiples” of what it would cost Elkton to initiate sufficient testing protocols. Id. at *19. The Sixth Circuit Court of Appeals recently refused to stay the preliminary injunction. See Wilson v. Williams, No. 20-3447, slip op. (6th Cir. May 4, 2020).
Recently, the court in Carranza v. Reams ordered the Weld County Colorado Jail to take measures to improve conditions for medically vulnerable inmates. No. CV 20-00977 (D. Colo. May 11, 2020). The court ordered that the jail institute social distancing measures, place medically vulnerable inmates in single cells to the extent possible, improve sanitation procedures to ensure they are compliant with the CDC guidelines for cleaning and disinfecting, and obtain a sufficient number of masks so that residents do not need to wear masks longer than their intended duration. Id. at 37-39. In issuing its order, the court found that plaintiffs, a group of medically vulnerable pretrial and post-conviction detainees, were likely to succeed on their Eighth and Fourteenth Amendment claims. Id. at 17-26.
In Banks v Booth, the court issued a temporary restraining order requiring the D.C. Department of Corrections to take steps to protect inmates from the dangers associated with
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COVID-19. No. CV 20-00849, 2020 WL 1914896 (D.D.C. Apr. 19, 2020). Plaintiffs, representing a class, brought Fifth Amendment due process claims on behalf of pre-trial detainees and Eighth Amendment claims on behalf of post-conviction detainees. Id. at *9. The court found that plaintiffs were likely to succeed on both their Fifth Amendment and Eighth Amendment claims, finding that social distancing measures were not being enforced and the inmates were subjected to a greater risk of infection than “that experienced by the general been exposed to an unreasonable risk of damage to their health.” Id. at *15.
Specifically, the court ordered that the D.C. DOC enforce social distancing measures, ensure inmates are provided daily showers and clean clothing, and improve prison sanitation. Id. at *28-30. The order included a strong suggestion that the DOC contract for professional cleaning services and retain a registered sanitarian to oversee its health and safety program. Id. The court also ordered that DOC improve its medical triage process to reflect “the appropriate sensitivity to the wide variety of symptoms associated with COVID-19”, improve its documentation and tracking process related to self-reporting of symptoms, and conduct additional staff training on the use of PPE and infrared thermometers. Id.
In Cameron v. Bouchard, the court recently granted plaintiff’s request for a temporary restraining order and required the Oakland County Jail in Michigan to comply with measures aimed to increase sanitation and safety at the Jail. No. CV 20-10949, 2020 WL 1929876 (E.D. Mich. Apr. 17, 2020), modified in part on other grounds, No. CV 20-10949, 2020 (E.D. Mich. Apr. 23, 2020). The plaintiffs, representing a putative class of pretrial and convicted detainees, requested that the court release medically vulnerable inmates and undertake measures to improve hygiene and safety at the jail. Id. at *2. The court ordered that the jail must provide inmates soap, disinfectant wipes, and other sanitary products, ensure inmates have access to showers and clean
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laundry, provide spacing of six feet or more between inmates whenever possible, establish a protocol for self-reporting and evaluation of COVID-19 symptoms, conduct immediate testing of anyone displaying symptoms, and ensure that inmates receive adequate medical care and are properly quarantined in a non-punitive setting when necessary. Id at *4-5. Additionally, the court ordered the jail to ensure that staff take proper precautions while at the jail, including washing hands regularly and wearing personal protective equipment when interacting with inmates or touching surfaces in cells and common areas. Id.
In granting the temporary restraining order, the court found that Plaintiffs were likely to succeed on the merits of their claims alleging the jail conditions violate their Eighth and Fourteenth Amendment rights, and that Plaintiffs were likely to suffer irreparable harm absent an injunction because they “face a heightened risk of contracting this life-threatening virus simply as incarcerated individuals and even more so without the imposition of these cautionary measures.” Id. at *3. The court went on to explain that “requiring Defendants to adopt the safety precautions . . . poses no harm to them other than potentially increased costs and energy, which are insufficient to justify a denial of Plaintiff’s motion.” Id. at *3-4. The court is currently considering whether to grant release to medically vulnerable inmates. Id. at *2-3.
In McPherson v. Lamont, the court recently denied defendants’ motion to dismiss, holding that the court has subject matter jurisdiction to hear plaintiffs’ claims brought under 28 U.S.C. § 2241 and 42 U.S.C. 1983. No. CV 20-00534, 2020 WL 2198279 (D. Conn. May 6, 2020) at *6-7. The court held that exhaustion in state court was not required because, given the quick spread of the virus and limited operations of state courts, plaintiffs would “suffer an irreparable injury without immediate juridical relief, and it would be futile to seek state relief.” Id. at *11. Plaintiffs are a group of pre-trial and post-conviction inmates being held at various
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Connecticut Department of Correction facilities. Id at *5. The court is currently considering plaintiffs request for a preliminary injunction. Id. at *26.
Additionally, courts across the country have ordered the release of ICE detainees in response to the dangers of COVID-19. See, e.g., Dada, et al. v. Witte, et al., 1:20-cv-00458 (W.D. La.) (May 22, 2020) (district judge adopted the report and recommendation of the magistrate judge requiring release of thirteen medically vulnerable people detained by ICE in Louisiana); Vazquez Barrera, 2020 WL 1904497 (ordering release of one ICE detainee from a Texas facility); Arriaga Reyes. v. Decker, No. 2:20-cv-03600 (D.N.J. Apr. 12, 2020) (ordering five petitions for immediate release of ICE detainees from New Jersey facilities); Basank v. Decker, No. 1:20-cv-02518 (S.D.N.Y. Mar. 26, 2020) (ordering release of ten individuals detained by ICE housed in New Jersey county jails because of preexisting medical conditions).
V. CONCLUSION For the foregoing reasons, Plaintiffs respectfully request that the Court grant the Motion and require adequate implementation of measures required to mitigate and manage infection and the spread of COVID-19 at CMCF and SMCI.
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Dated: May 25, 2020

Jonathan L. Abram (pro hac vice forthcoming) John P. Hamilton (pro hac vice forthcoming) HOGAN LOVELLS US LLP Columbia Square, 555 Thirteenth Street, NW Washington, District of Columbia, 20004 (202) 637-5600 jonathan.abram@hoganlovells.com john.hamilton@hoganlovells.com
Madeleine R. Bech (pro hac vice forthcoming) HOGAN LOVELLS US LLP 3 Embarcadero Center, Suite 1500 San Francisco, California 94111 (415) 374-2300 madeleine.bech@hoganlovells.com
Sydney C. Rupe (pro hac vice forthcoming) HOGAN LOVELLS US LLP 609 Main Street, Suite 4200 Houston, TX 77002 (713) 632-1400 sydney.rupe@hoganlovells.com

/s/ Paloma Wu Paloma Wu (Miss. Bar No. 105464) Robert B. McDuff (Miss. Bar No. 2532) MISSISSIPPI CENTER FOR JUSTICE 5 Old River Pl., Ste 203 Jackson, MS 39202 (601) 709-0857 pwu@mscenterforjustice.org rmcduff@mscenterforjustice.org
Mark Whitburn (pro hac vice forthcoming) WHITBURN & PEVSNER, PLLC 2000 E. Lamar Blvd., Suite 600 Arlington, TX 76016 (817) 653-4547 mwhitburn@whitburnpevsner.com
Joshua Tom (Miss. Bar No. 105392) ACLU OF MISSISSIPPI P.O. Box 2242 Jackson, MS 39225 (601) 354-3408 jtom@aclu-ms.org
Cliff Johnson (Miss. Bar No. 9383) MACARTHUR JUSTICE CENTER University of Mississippi School of Law 481 Chucky Mullins Drive University, MS 38677 (662) 915-6863 cliff.johnson@macarthurjustice.org
Attorneys for Plaintiffs

.

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 Case 3:20-cv-00340-TSL-RHW Document 6 Filed 05/25/20 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

BRITTANY WADDELL, ROGER EWING, TONY SMITH, DANIEL HATTEN, DOUGLASS TRIPLETT, ERIK LEWIS, BOB HENDERSON, THOMAS HOLDER, and JAMARCUS DAVIS, individually and on behalf of a class of all others similarly situated,

Civil Action No. 3:20-cv-340-TSL-RHW

Plaintiffs,

v.

TOMMY TAYLOR, in his official capacity as Interim Commissioner of the Mississippi Department of Corrections; RON KING, in his official capacity as Superintendent of Central Mississippi Correctional Facility; and JOE ERRINGTON, in his official capacity as Superintendent of South Mississippi Correctional Institution,

ORAL ARGUMENT REQUESTED

Defendants.

PLAINTIFFS’ MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION

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1. Plaintiffs respectfully request that the Court enter a temporary restraining order and preliminary injunction requiring the Defendants to effectively implement COVID-19 prevention and management protocols consistent with established standards of care for infection control and CDC guidelines. Pursuant to Local Rule 7(b)(6)(A), Plaintiffs respectfully request oral argument on this motion.
2. The Plaintiffs, who have brought this action on behalf of themselves and others similarly situated, are Brittany Waddell, Roger Ewing, Tony Smith, Daniel Hatten, Douglass Triplett, Erik Lewis, Bob Henderson, Thomas Holder, and Jamarcus Davis. They are residents of Mississippi’s two largest prisons, Central Mississippi Correctional Facility (CMCF) and South Mississippi Correctional Institution (SMCI), home to nearly 6,000 residents, combined.1
3. The Plaintiffs have brought this action under federal disability and constitutional law challenging MDOC’s inadequate response to the COVID-19 pandemic. In violation of the Eighth Amendment of the Constitution, MDOC is aware of the high risk of serious harm its failures entail and has knowingly created a substantial risk of preventable illness, hospitalization, and death to residents, as well as facility staff and members of surrounding communities. In violation of federal disability law, MDOC has failed to make reasonable modifications to their procedures to protect individuals who suffer from disabilities that make it more likely they will succumb to rapid disease progression and death due to COVID-19 infection.2
1 Defendants are the Interim Commissioner of the Mississippi Department of Corrections (MDOC) and Superintendents of CMCF and SMCI (collectively Defendants or MDOC). 2 See Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 (prohibiting public entities from discriminating against qualified persons with disabilities in providing services); Section 504 of the Rehabilitation Act (RA), 29 U.S.C. § 794(a) (prohibiting recipients of federal funds from discriminating against qualified persons with disabilities). These laws require MDOC to make reasonable modifications to their policies, practices, and procedures to prevent unnecessary harm to qualified individuals with disabilities whose disabilities place them at substantially increased risk of serious illness and death due to COVID-19 infection.
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4. The Plaintiffs therefore move for a temporary restraining order and a preliminary
injunction requiring the Defendants to implement at CMCF and SMCI measures required by law
to prevent irreparable harm to Plaintiffs, including but not limited to the following:
a. Implement a facility-wide protocol, and effectively train residents and staff to use it, whereby a resident with coronavirus symptoms can report their symptoms and be evaluated by medical staff promptly; this method must work even if there is no security staff present on a zone or in the tower; sick call requests should result in a medical assessment as soon as possible but never longer than twenty-four hours after the resident’s first attempt to initiate the sick call process;
b. Conduct immediate testing for anyone displaying known symptoms of COVID-19;
c. Identify high-risk patients using CDC criteria, offer them testing for COVID-19, and provide them the option of being placed into housing areas with increased levels of infection control and twice daily symptom and sign checks;
d. Institute an active surveillance program to screen every inmate for signs and symptoms of COVID-19 on a daily basis;
e. Inform all incarcerated people of the waiver of all medical co-pays for individuals experiencing possible COVID-19 symptoms;
f. Implement daily temperature checks in housing units where COVID-19 cases have been identified;
g. Implement intensified cleaning and disinfecting procedures and ensure that, several times per day, cleaning and disinfecting occurs of surfaces and objects that are frequently touched, especially in common areas;
h. Ensure that each incarcerated individual receives a free and adequate personal supply of: hand soap that does not cause skin irritation and which is sufficient to permit frequent hand washing, paper towels, facial tissues, cleaning implements such as sponges or brushes, and disinfectant products that are effective against COVID-19; also provide no-touch trash receptacles for disposal of paper products;
i. Implement a facility-wide protocol, and effectively train residents and staff to use it, whereby a resident who runs out of soap can obtain more promptly;
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j. Provide incarcerated individuals with sufficient and effective cleaning supplies free of charge so that they may clean frequently touched items, such as phones, before use;
k. Ensure that all individuals have access to hand sanitizer containing at least 60% alcohol;
l. Require that all CMCF and SMCI staff wear PPE consistent with the CDC Guidance, including masks and gloves, when interacting with visitors and incarcerated individuals or when touching surfaces in common areas; do not disallow residents from using PPE and educate residents on its effective use;
m. Ensure incarcerated people are provided guidance on how to protect themselves from COVID-19 and reduce COVID-19 transmission; provide such guidance in English and in the primary language of others housed in MDOC, including Spanish;
n. Provide frequent communication to all incarcerated individuals regarding COVID-19, measures taken to reduce the risk of infection, best practices for incarcerated people to avoid infection, and any changes in policies or practices;
o. Provide an anonymous mechanism for incarcerated individuals to report staff who violate these guidelines so that appropriate corrective action may be taken;
p. Inform incarcerated people that they will not be retaliated against for reporting COVID19 symptoms or for reporting lack of compliance with COVID-19 mitigation measures;
q. Ensure that incarcerated individuals can remain six feet apart to practice social distancing in compliance with CDC Guidance;
r. Appoint an independent monitor with medical expertise to ensure compliance with these conditions, and provide the monitor with unfettered access to staff and to policies, procedures, and documents created to implement COVID-19 response procedures, as well as the ability to enter facility medical and housing units and have confidential communication with, and obtain video surveillance of, residents at any location in which they are being held;
s. Provide Plaintiffs’ counsel with unfettered access to the same documents, places, and people, minus staff.
In support of this motion, the Plaintiffs submit the exhibits listed below and are filing
separately a memorandum setting forth the reasons why it should be granted.
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Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: Exhibit 14: Exhibit 15:

Expert Report of Gregg Gonsalves (May 14, 2020) Expert Report of Homer Venters (May 24, 2020) Declaration of Jamarcus Davis (May 6, 2020) Declaration of Roger Ewing (May 6, 2020) Declaration of Daniel Hatten (April 30, 2020) Declaration of Bob Henderson (May 6, 2020) Declaration of Thomas Holder (May 8, 2020) Declaration of Oziel Guzman (May 8, 2020) Declaration of Derrick Guyton (May 11, 2020) Declaration of Erik Lewis (May 7, 2020) Declaration of Douglass Triplett (May 12, 2020) Declaration Brent Ryan (May 8, 2020) Declaration of Tony Smith (May 6, 2020) Declaration of Brittany Waddell (May 13, 2020) COVID-19 Questions and Answers, MDOC (May 21, 2020)

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Dated: May 25, 2020

Jonathan L. Abram (pro hac vice forthcoming) John P. Hamilton (pro hac vice forthcoming) HOGAN LOVELLS US LLP Columbia Square, 555 Thirteenth Street, NW Washington, District of Columbia, 20004 (202) 637-5600 jonathan.abram@hoganlovells.com john.hamilton@hoganlovells.com
Madeleine R. Bech (pro hac vice forthcoming) HOGAN LOVELLS US LLP 3 Embarcadero Center, Suite 1500 San Francisco, California 94111 (415) 374-2300 madeleine.bech@hoganlovells.com
Sydney C. Rupe (pro hac vice forthcoming) HOGAN LOVELLS US LLP 609 Main Street, Suite 4200 Houston, TX 77002 (713) 632-1400 sydney.rupe@hoganlovells.com

/s/ Paloma Wu Paloma Wu (Miss. Bar No. 105464) Robert B. McDuff (Miss. Bar No. 2532) MISSISSIPPI CENTER FOR JUSTICE 5 Old River Pl., Ste 203 Jackson, MS 39202 (601) 709-0857 pwu@mscenterforjustice.org rmcduff@mscenterforjustice.org
Mark Whitburn (pro hac vice forthcoming) WHITBURN & PEVSNER, PLLC 2000 E. Lamar Blvd., Suite 600 Arlington, TX 76016 (817) 653-4547 mwhitburn@whitburnpevsner.com
Joshua Tom (Miss. Bar No. 105392) ACLU OF MISSISSIPPI P.O. Box 2242 Jackson, MS 39225 (601) 354-3408 jtom@aclu-ms.org
Cliff Johnson (Miss. Bar No. 9383) MACARTHUR JUSTICE CENTER University of Mississippi School of Law 481 Chucky Mullins Drive University, MS 38677 (662) 915-6863 cliff.johnson@macarthurjustice.org
Attorneys for Plaintiffs

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EXHIBIT 1

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

BRITTANY WADDELL, ROGER EWING, TONY SMITH, DANIEL HATTEN, DOUGLASS TRIPLETT, ERIK LEWIS, BOB HENDERSON, THOMAS HOLDER, and JAMARCUS DAVIS, individually and on behalf of a class of all others similarly situated,

Civil Action No. 3:20-cv-340-TSL-RHW

Plaintiffs,

v.

TOMMY TAYLOR, in his official capacity as Interim Commissioner of the Mississippi Department of Corrections; RON KING, in his official capacity as Superintendent of Central Mississippi Correctional Facility; and JOE ERRINGTON, in his official capacity as Superintendent of South Mississippi Correctional Institution,

Defendants

DECLARATION OF GREGG S. GONSALVES
I, Gregg S. Gonsalves, upon my personal knowledge, and in accordance with 28 U.S.C. § 1746, declare as follows:
1. I am an epidemiologist at the Yale School of Medicine and School of Public Health. I have worked at the schools of medicine and public health since 2017. Attached as Appendix 1 is my CV.
2. COVID-19 is an infectious disease caused by severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), a virus closely related to the SARS virus. In its least serious form, COVID-19 can cause illness including fever, cough, and shortness of breath. However, for individuals who become more seriously ill, a common complication is bilateral interstitial pneumonia, which causes partial or total collapse of the lung alveoli, making it difficult or impossible for patients to breathe. Thousands of patients have required hospital-grade respirators, and COVID-19 can progress from a fever to

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life-threatening pneumonia with what are known as “ground-glass opacities,” a lung abnormality that inhibits breathing.
3. In about 14% of cases of COVID-19, illness is severe including dyspnea, hypoxia, or >50 percent lung involvement on imaging within 24 to 48 hours.1 Critical disease with respiratory failure, shock, or multiorgan dysfunction was reported in 5%. Among hospitalized patients, the proportion of critical or fatal disease is higher. In a study that included 2634 patients who had been hospitalized for COVID-19 in the New York City area, 14% were treated in the intensive care unit and 12% received invasive mechanical ventilation, and mortality among those receiving mechanical ventilation was 88%.
4. Certain populations of people are at particular risk of contracting severe cases of COVID19. People over the age of fifty are at higher risk, with those over seventy at serious risk. As the Center for Disease Control and Prevention has advised, certain medical conditions increase the risk of serious COVID-19 for people of any age. These medical conditions include: those with lung disease, heart disease, diabetes, blood disorders, chronic liver or kidney disease, inherited metabolic disorders, developmental delays, those who are immunocompromised (such as from cancer, HIV, autoimmune diseases), those who have survived strokes, and those who are pregnant.2
5. There is no vaccine against COVID-19 and no vaccine is expected to be available until mid-2021 at the earliest. The new treatment for COVID-19, remdesivir, is thought to have only small to modest effects on time to recovery, and no effect on survival, which means almost all patients who develop severe disease, particularly those who require mechanical ventilation, face a high probability of death. The only known effective measures to prevent injuries or deaths resulting from COVID- 19 are to prevent individuals from being infected with the virus. In fact, young and healthy individuals may be more susceptible than originally thought. Data from the CDC show that up to one-fifth of infected people ages 20-44 have been hospitalized, including 2%-4% in that age group that were treated in an intensive care unit.3
6. The number of people infected is growing exponentially. As of May 13, 2020, nearly 4.2 million people have been diagnosed globally with coronavirus, and more than 285,000
1 Wu Z, McGoogan JM, JAMA Characteristics of and Important Lessons From the Coronavirus Disease 2019 (COVID-19) Outbreak in China: Summary of a Report of 72 314 Cases From the Chinese Center for Disease Control and Prevention ( 2020); see also Richardson S, Hirsch JS, JAMA, Narasimhan M, et al. Presenting Characteristics, Comorbidities, and Outcomes Among 5700 Patients Hospitalized With COVID-19 in the New York City Area (2020); Myers LC, Parodi SM, Escobar GJ, Liu VX, JAMA, Characteristics of Hospitalized Adults With COVID-19 in an Integrated Health Care System in California (2020). 2 See Centers for Disease Control and Prevention, Coronavirus Disease 2019 (COVID-19): People Who May Be at Higher Risk, https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/high- risk-complications.html (last accessed Mar. 18, 2020). 3 Sharon Begley, New Analysis Breaks Down Age-Group Risk for Coronavirus — and Shows Millennials Are Not Invincible, (March 18, 2020), https://www.statnews.com/2020/03/18/coronavirus-new-age-analysis-of-riskconfirms-young-adults-not-invincible/; Centers for Disease Control and Prevention, Severe Outcomes Among Patients with Coronavirus Disease 2019 (COVID-19) — United States, February 12–March 16, 2020 (Mar. 26, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm?s_cid=mm6912e2_w/.
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people have died as a result.4 Fifty states, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands have confirmed positive tests.5 As of May 13, the United States has had over 1.3 million confirmed cases, and over 82,000 Americans have died.6 This staggering death toll is almost twice what it was less than four weeks ago.7 The likely number of total deaths so far, confirmed and unconfirmed, is likely to be still higher and approximately 100,000.8 Thus more Americans have now died from COVID19 than all who died in the Vietnam and Korean Wars combined.9 Experts predict that this rapid growth will continue in the United States.
7. For all people, even in advanced countries with very effective health care systems, the case fatality rate of COVID-19 is about ten-fold higher than that observed from a severe seasonal influenza. In the more vulnerable groups, both the need for care, including intensive care, and death is much higher than we observe from influenza infection. In the highest risk populations, the case fatality rate is about 15%. For high risk patients who do not die from COVID-19, a prolonged recovery is expected to be required, including the need for extensive rehabilitation for profound deconditioning, loss of digits, neurologic damage, and loss of respiratory capacity that can be expected from such a severe illness.
8. Based on data collected by the Centers for Disease Control and Prevention, World Health Organization, and National Center for Biotechnology Information on the speed at which SARS-CoV-2 has spread since it is first known to have infected a human in November 2019, the virus is estimated to be twice as contagious as influenza.10 Unlike influenza, there are no known vaccines or antiviral medications to prevent or treat infection from COVID-19. Because the coronavirus that causes COVID-19 is passed through respiratory droplets and also appears to be able to survive on inanimate surfaces, it can be transmitted even when an infected person is no longer in the immediate vicinity. Data from China indicate that the average infected person passes the virus on to 2-3 other people at distances of 3-6 feet.11 Everyone is at risk of infection because our immune systems have never been exposed to or developed protective responses against this virus.
4 WHO Coronavirus Disease (COVID-19 Dashboard), World Health Org., https://covid19.who.int/ (last visited May 13, 2020). 5 Centers for Disease Control and Prevention, COVID-19: U.S. at a Glance, https://www.cdc.gov/coronavirus/2019ncov/cases-updates/cases-inus.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fcases- in-us.html (last accessed Apr. 20, 2020). 6 Coronavirus Disease 2019 (COVID-19): Covid-19 in the U.S., Centers for Disease Control and Protection, available at https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html (last visited May 13, 2020) 7 Id. (Approximately 37,000 American had died of COVID-19 as of April 19, 2020). 8 Excess Deaths Associated with COVID-19, Centers for Disease Control and Prevention (2020), https://www.cdc.gov/nchs/nvss/vsrr/covid19/excess_deaths.htm#dashboard; Nicholas Kristof, America’s True Covid Toll Already Exceeds 100,000, N.Y. Times (May 13, 2020), https://www.nytimes.com/2020/05/13/opinion/coronavirus-us-deaths.html. 9 Nina Strochlic, U.S. Coronavirus Deaths Now Surpass Fatalities in the Vietnam War, Nat. Geographic (April 28, 2020), https://www.nationalgeographic.com/history/2020/04/coronavirus-death-toll-vietnam-war-cvd/#close. 10 Brian Resnick & Christina Animashaun, Why Covid-19 Is Worse than the Flu, in One Chart, Vox (Mar. 18, 2020), https://www.vox.com/science-and-health/2020/3/18/21184992/coronavirus-covid-19-flu- comparison-chart. 11 Knvul Sheikh, Derek Watkins, Jin Wu & Mika Gröndahl, How Bad Will the Coronavirus Outbreak Get? Here are 6 Key Factors, N.Y. Times (Feb. 28, 2020), https://www.nytimes.com/interactive/2020/world/asia/chinacoronavirus-contain.html.
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9. The current estimated incubation period of COVID-19 is between 2 and 14 days, meaning that a patient who begins showing symptoms today may have been contagious for as long as two weeks prior. The time course of the disease once symptoms appear can be very rapid. A patient’s condition can seriously deteriorate in as little as five days (perhaps sooner) following initial detection of symptoms. The current estimated rate for life-threatening complications is approximately 20%, with a fatality rate estimated at between 1% and 5%. All of these risk assessment numbers, however, appear to be rising.
10. It is clear that, currently, the numbers of people diagnosed reflect only a portion of those likely infected; very few people have been tested, and many are asymptomatic, so they do not even know they should be tested. As a result, thousands of people are likely living day to day and carrying a potentially fatal disease that is easily transmitted—and no one is aware of it.
11. The Mississippi State Department of Health confirmed the first COVID-19 case in the state on March 11, 2020.12 Days later, on March 19, 2020, health officials confirmed the first coronavirus death in Mississippi.13 As of May 13, 2020, there were 10,090 of COVID-19 cases in Mississippi, and 465 people in Mississippi have died from the disease.14 Case totals in Mississippi increase exponentially across the state with every passing day.15 In the passing weeks and months, multiple nations have declared strict lockdowns, and American cities and institutions are closing public events, workplaces, and schools to limit the risk of person-to-person transmission and slow the spread of COVID-19.
12. On March 13, 2020, President Donald Trump announced a national state of emergency in response to the coronavirus outbreak.16 One day later, Mississippi Governor Tate Reeves issued a proclamation declaring a disaster in the State of Mississippi.17 On March 26, 2020, the Mississippi State Department of Public Health announced new and expanded means of testing and data analysis to classify the highest-risk regions and provide location-specific restrictions on movement and social interactions.18
13. On March 11, 2020, the World Health Organization declared a global pandemic based on COVID-19. Citing “deep[] concern[] both by the alarming levels spread and severity, and
12 Tom Williams, Coronavirus Confirmed in Mississippi, WTOK E-News (Mar. 11, 2020), https://www.wtok.com/content/news/Coronavirus-confirmed-in-Mississippi-568722301.html. 13 Mississippi State Dept. of Health, Health Officials Confirm First Coronavirus Death in Mississippi (Mar. 19, 2020), http://webpubcontent.raycommedia.com/wlox/order1-converted.pdf. 14 Coronavirus Disease 2019 (COVID-19): Covid-19 in Mississippi and the U.S., Mississippi State Dept. of Health, https://msdh.ms.gov/msdhsite/_static/14,0,420.html (last visited May 13, 2020). 15 Id. 16 President Donald Trump, Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak (Mar. 13, 2020), https://www.whitehouse.gov/presidential- actions/proclamationdeclaring-national-emergency-concerning-novel-coronavirus-disease-covid-19- outbreak/. 17 Mississippi Office of the Governor, Proclamation (Mar. 14, 2020), available at https://www.sos.ms.gov/Content/documents/about_us/WhatsNew/GovernorProclomationPublicHealth.pdf. 18 Exec. Order No. 1466, Gov. Tate Reeves (Miss. 2020), http://webpubcontent.raycommedia.com/wlox/order1converted.pdf.
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by the alarming levels of inaction,” it called for countries to take “urgent and aggressive action.”19
14. There have been multiple reports of superspreading events (SSEs) of COVID-19, which are associated with both explosive growth early in an outbreak and sustained transmission in later stages.20 In the US, prisons, meatpacking plants and nursing homes have been the sites of multiple SSEs due to “warehousing efforts,” where individuals are confined in close contact without adequate and proper preventive public health measures.21 Importantly, these SSEs often create outbreaks in the communities in which prisons, meatpacking plants and nursing homes are located.22
15. In light of COVID-19, individuals in prisons and jails are at risk of serious harm. Prisons are designed to maximize control of the incarcerated population, not to minimize disease transmission or to efficiently deliver health care. These facilities are enclosed environments, much like the cruise ships that were the site of the largest concentrated outbreaks of COVID-19. Prisons have even greater risk of infectious spread than other enclosed environments because of conditions of crowding, the proportion of vulnerable people detained, and often scant medical care resources. During the H1N1 influenza (“Swine Flu”) epidemic in 2009, jails and prisons were sites of severe outbreaks of viral infection.23
16. People incarcerated in prisons live in close quarters and cannot achieve the “social distancing” needed to effectively prevent the spread of COVID-19. Toilets, sinks, and showers are shared, without disinfection between uses. Food preparation and food service is communal, with little opportunity for surface disinfection. Spaces are poorly ventilated, which promotes highly efficient spread of diseases through droplets.
17. Many prisons lack the supplies and staff needed to perform cleaning procedures such as regular disinfection of high-touch surfaces, which is essential to preventing virus spread. Facilities often do not provide adequate opportunities to exercise necessary hygiene measures, such as frequent handwashing or use of alcohol-based sanitizers when handwashing is unavailable. Jails and prisons are often under-resourced and ill-equipped
19 World Health Organization, WHO Director-General’s Opening Remarks at the Media Briefing on COVID19 (Mar. 11, 2020), https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-mediabriefing-on-covid-19---11-march-2020. 20 Thomas R. Frieden and Christopher T. Lee, Identifying and Interrupting Superspreading Events—Implications for Control of Severe Acute Respiratory Syndrome Coronavirus 2, Centers for Disease Control and Prevention (June 2020), https://wwwnc.cdc.gov/eid/article/26/6/20-0495_article. 21 Dylan Matthews, America’s Covid-19 Hot Spots Shed a Light on our Moral Failures, Vox (May 1, 2020), https://www.vox.com/future-perfect/2020/5/1/21239396/covid-19-meatpacking-prison-jail-moral; German Lopez, Why US Jails and Prisons Became Coronavirus Epicenters, Vox (April 22, 2020), https://www.vox.com/2020/4/22/21228146/coronavirus-pandemic-jails-prisons-epicenters. 22 Julie Bosman, Mitch Smith, & Amy Harmon, With New Hot Spots Emergings, No Sign of a Respite (May 5, 2020), https://www.nytimes.com/2020/05/05/us/coronavirus-deaths-cases-united-states.html. 23 David M. Reutter, Swine Flu Widespread in Prisons and Jails, but Deaths are Few, Prison Legal News (Feb. 15, 2010), https://www.prisonlegalnews.org/news/2010/feb/15/swine-flu-widespread-in-prisons-and-jails-but-deathsare-few/.
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with sufficient hand soap and alcohol-based sanitizers for people detained in and working in these settings.
18. Many prisons lack the medical care infrastructure necessary to treat infected individuals and prevent the exponential spread of infection. For example, many prisons use practical nurses who practice beyond the scope of their licenses; have part-time physicians who have limited availability to be on-site; and facilities with no formal linkages with local health departments or hospitals. Prisons are also ill-equipped to provide sufficient personal protective equipment, such as gloves, masks, gowns, and eye-shields, for people who are incarcerated and caregiving staff, increasing the risk for everyone in the facility of a widespread outbreak.
19. The medical facilities at jails and prisons are almost never sufficiently equipped to handle widespread outbreaks of infectious diseases. To prevent transmission of droplet-borne infectious diseases, people who are infected and ill need to be isolated in specialized airborne negative pressure rooms. Most jails and prisons have few negative pressure rooms if any, and these may be already in use by people with other conditions (including tuberculosis or influenza). Resources will become exhausted rapidly and any beds available will soon be at capacity. As an outbreak spreads, medical personnel become sick and do not show up to work. Facilities can become dangerously understaffed with healthcare providers.
20. Jails and prisons often need to rely on outside facilities (hospitals, emergency departments) to provide intensive medical care given that the level of care they can provide in the facility itself is typically relatively limited. During an epidemic, this will not be possible, as those outside facilities will likely be at or over capacity themselves.
21. As health systems inside facilities are taxed, people with chronic underlying physical and mental health conditions may not be able to receive the care they need. Failure to provide individuals adequate medical care for their underlying chronic health conditions results in increased risk of COVID-19 infection and increased risk of infection-related morbidity and mortality if they do become infected.
22. Failure to provide adequate mental health care, as may happen when health systems in jails and prisons are taxed by COVID-19 outbreaks, can result in poor health outcomes. Moreover, mental health conditions may be exacerbated by the stress of incarceration during the COVID-19 pandemic, including isolation and lack of visitation.
23. As an outbreak spreads through jails, prisons, and communities, correctional officers and other security personnel become sick and do not show up to work. Absenteeism poses substantial safety and security risk to both the people inside the facilities and the public.
24. These risks have all been borne out during past epidemics of influenza in jails and prisons. For example, in 2012, the CDC reported an outbreak of influenza in 2 facilities
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in Maine, resulting in two inmate deaths.24 Subsequent CDC investigation of 995 inmates and 235 staff members across the 2 facilities discovered insufficient supplies of influenza vaccine and antiviral drugs for treatment of people who were ill and prophylaxis for people who were exposed. During the swine flu outbreak in 2009, jails and prisons experienced a disproportionately high number of cases.25 Even facilities on “quarantine” continued to accept new intakes, rendering the quarantine incomplete. These scenarios occurred in the “best case” of influenza, a viral infection for which there was an effective and available vaccine and antiviral medications, unlike COVID-19, for which there is currently neither.
25. Due to the crowded conditions and scarcity of sanitary and medical resources, transmission of infectious diseases in jails and prisons, is incredibly common. These risks are magnified for those diseases, like COVID-19, that are transmitted by respiratory droplets. An outbreak of COVID-19 in detention facilities would be devastating.
26. The experiences of other nations fighting COVID-19 outbreaks demonstrate the particular risk of COVID-19 transmission present in prison and jail settings. Prisons in China reported more than 500 cases of COVID-19 spread across four facilities, and these cases affected both correctional officers and incarcerated people.26 Secretary of State Mike Pompeo has called for Iran to release U.S. citizens detained there because of “deeply troubling” “[r]eports that COVID-19 has spread to Iranian prisons,” noting that “[t]heir detention amid increasingly deteriorating conditions defies basic human decency.”27
27. COVID-19 threatens the well-being of incarcerated individuals, the corrections staff who shuttle between prisons and outside communities, and members of those outside communities. Staff, visitors, contractors, and vendors who pass between communities and facilities and can bring infectious diseases into facilities. Moreover, rapid turnover of jail and prison populations means that people often cycle between facilities and communities. People often need to be transported to and from facilities to attend court and move between facilities. Strains on the medical systems of prison and jail facilities have implications for the outside hospitals and emergency departments on which those facilities already depend for intensive medical care services. Prison health is public health.
24 Influenza Outbreaks at Two Correctional Facilities – Maine, March 2011, Centers for Disease Control and Prevention (Apr. 6 2012), https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6113a3.htm. 25 David M. Reutter, Swine Flu Widespread in Prisons and Jails, but Deaths are Few, Prison Legal News (Feb. 15, 2010), https://www.prisonlegalnews.org/news/2010/feb/15/swine-flu-widespread-in- prisons-and-jails-but-deathsare-few/. 26 Evelyn Cheng & Huileng Tan, China Says More than 500 Cases of the New Coronavirus Stemmed from Prisons, CNBC (Feb. 20, 2020), https://www.cnbc.com/2020/02/21/coronavirus-china-says-two-prisons- reported-nearly250-cases.html. 27 Michael R. Pompeo, United States Calls for Humanitarian Release of All Wrongfully Detained Americans in Iran, U.S. Dep’t of State (Mar. 10, 2020), https://www.state.gov/united-states-calls-for- humanitarian-release-of-allwrongfully-detained-americans-in-iran/.
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28. COVID-19 has already entered the prison and jail systems in several states and localities and has spread significantly.
29. The coronavirus has spread rapidly in various prison environments. By May 6, 2020, at least 20,119 inmates in state and federal prisons had tested positive for the illness, a 39 percent increase from the week before.28 In the federal system alone, 4,224 inmates and 548 staff members have received positive test results as of May 13, 2020; and of those, 51 inmates have died of COVID-19 symptoms.29
30. In the Yazoo City Federal Correctional Complex, 120 inmates and 25 staff members are reported to have tested positive for COVID-19 as of May 13, 2020; and one inmate has died.30
31. The experience of other states shows that once COVID-19 begins spreading within a prison, it is only a matter of time until the outbreak spreads rapidly and hundreds are infected.
32. For example, in the Federal Correctional Complex in Oakdale, Louisiana, the first inmate, Patrick Jones, tested positive March 21 and died on March 28; since then, seven more inmates have died of COVID-19, 20 additional inmates have been hospitalized, and an additional 119 inmates and 26 staff members have tested positive.31
33. At the Terminal Island Federal Correctional Institution in San Pedro, California, the number of confirmed cases climbed to 620 on May 5, 2020, up from the 33 cases reported in mid-April.32 The number of infected inmates now constitutes nearly 60 percent of San Pedro’s penitentiary population.33
28 A State-by-State Look at Coronavirus in Prisons, The Marshall Project (May 1, 2020), available at https://www.themarshallproject.org/2020/05/01/a-state-by-state-look-at-coronavirus-in-prisons#. 29 COVID-19 Coronavirus: COVID-19 Cases, Federal Bureau of Prisons, available at https://www.bop.gov/coronavirus/# (last accessed May 5, 2020). 30 Id. 31 Janet Reitman, ‘Something Is Going to Explode’: When Coronavirus Strikes a Prison, N.Y. TIMES (Apr. 18, 2020), https://www.nytimes.com/2020/04/18/magazine/oakdale-federal-prison-coronavirus.html?auth=loginemail&login=email. 32 COVID-19 Coronavirus: COVID-19 Cases, Federal Bureau of Prisons, available at https://www.bop.gov/coronavirus/# (last accessed May 5, 2020); More than 400 Terminal Island prison inmates test positive for COVID-19, Long Beach Post (Apr. 29, 2020), available at https://lbpost.com/news/terminal-islandprison-coronavirus-half-400. 33 Richard Winton, Coronavirus outbreak at Terminal Island prison worsens: 5 deaths and 600 infected, L.A. Times (Apr. 30, 2020), available at https://www.latimes.com/california/story/2020-04-30/la-coronavirus-outbreakterminal-island-prison-worsens.
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34. At the Federal Medical Prison in Fort Worth, Texas, the number of confirmed cases jumped from 35 to 132 between April 21, and April 23, 2020;34 the number has since increased to 647 in just over three weeks.35
35. In North Carolina, at the Neuse Correctional Institution, the number of confirmed cases of COVID-19 went from 2 to 378 in just two weeks, meaning more than half of its inmate population is now confirmed to have the virus.36
36. And at the Butner federal prison in North Carolina, it took only five days for the number of confirmed COVID-19 cases to surge from single digits to nearly 60.37
37. At Trousdale Turner Correctional Center in Hartsville, Tennessee, the number of confirmed cases jumped from single digits to 1,299 inmates and 50 staff members in less than one week.38 Over half of the prison’s population is infected and one inmate has died of COVID-19 symptoms.39
38. The jail on Rikers Island in New York City went from a single confirmed case to 287 cases in just over two weeks.40
39. In Cook County, Illinois, the number of positive cases in the county jail rose from 2 to 291 in just two weeks.41
40. At one point, an outbreak at Marion Correctional Institution in Ohio was the largestknown source of coronavirus infections in the United States.42 Over 80% of the individuals incarcerated at Marion CI tested positive—in other words, over 2,000 of the
34 Scott Gordon, COVID-19 Cases Nearly Quadruple Inside Fort Worth Medical Prison, NBC 5, available at https://www.nbcdfw.com/news/coronavirus/covid-19-cases-quadruple-to-132-at-fort-worth-federal-prison/2356912/. 35 COVID-19 Coronavirus: COVID-19 Cases, Fed. Bureau of Prisons (“BOP”), available at https://www.bop.gov/coronavirus/# (last accessed May 6, 2020). 36 280+ Test Positive for COVID-19 At NC Prison Near Goldsboro, WWAY News (Apr. 18, 2020), https://www.wwaytv3.com/2020/04/18/280-test-positive-for-covid-19-at-nc-prison-near-goldsboro/. 37 COVID-19 cases at federal prison in Butner jump from 9 to 59 in five days, CBS 17 (Apr. 6, 2020), available at https://www.cbs17.com/news/local-news/covid-19-cases-at-federal-prison-in-butner-jump-from-9-to-59-in-fivedays/. 38 TDOC Inmates VODI-19 Testing, Tennessee Department of Corrections, available at https://www.tn.gov/content/dam/tn/correction/documents/TDOCInmatesCOVID19.pdf (last accessed May 7, 2020); CoreCivic Releases COVID-19 Testing Results for Trousdale Turner Correctional Center, CoreCivic, available at https://www.corecivic.com/corecivic-releases-covid-19-testing-results-for-trousdale-turner-correctional-center (last accessed May 7, 2020). 39 Id. 40COVID-19 Infection Tracking in NYC Jails, The Legal Aid Society, available at https://legalaidnyc.org/covid-19infection-tracking-in-nyc-jails/ (last visited Apr. 27, 2020). 41 Tyler Kendall, “We’re at war with no weapons”: Coronavirus cases surge inside Chicago’s Cook County jail, CBS NEWS (Apr. 5, 2020), available at https://www.cbsnews.com/news/chicago-cook-county-jail-coronavirus-life-insidecovid-19-cases/. 42 Rick Rojas and Michael Cooper, Georgia, Tennessee and South Carolina Say Businesses Can Reopen Soon, N.Y. TIMES (Apr. 20, 2020), available at https://www.nytimes.com/2020/04/20/us/coronavirus-us-hot-spotsreopening.html.
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2,500 inmates.43 That county is now experiencing above average rates of community spread outside the prison.44
41. In Arkansas, an outbreak at the Department of Corrections’ Cummins Unit spread rapidly. The outbreak is believed to have started after a single staff member tested positive in late March. By April 12, the facility’s first inmate tested positive. Within a few days, it was confirmed that 44 out of the 46 other inmates housed in that inmate’s barracks were also infected. By April 20, the facility had over 600 confirmed infections, which accounted for nearly one-third of all cases in the entire state.45
42. The only viable public health strategy available is risk mitigation. In my opinion, from an epidemiological perspective, prisons, jails, and detention centers should immediately take the steps necessary to provide for the release of any incarcerated persons who can safely be released. Such steps are necessary for the safety of incarcerated individuals as well as the broader community as we address the rapid global outbreak of COVID-19.
43. Releasing incarcerated persons has a number of valuable effects on public health and public safety: it allows for greater social distancing, which reduces the chance of spread if virus is introduced; it allows easier provision of preventive measures such as soap for handwashing, cleaning supplies for surfaces, frequent laundering and showers, etc.; and it helps prevent overloading the work of prison or detention staff such that they can continue to ensure the safety of inmates or detainees. The United Nations High Commissioner for Refugees, recognizing the serious public health risks posed by prisons and detention centers, has urged governments to release prisoners and detainees in order to protect their safety and as part of larger efforts to quell the spread of the virus.46 Releasing inmates older inmates, inmates with underlying medical conditions, and inmates with disabilities and who are at increased risk of contracting, becoming severely ill from, and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability is even more critical. Such individuals are by definition at greater risk if they remain incarcerated under conditions necessarily present in any detention setting.
44. For those inmates not released, it is critical to take measures that, while markedly insufficient in comparison to release, have at least some chance of slowing down the otherwise rapid spread of COVID-19 within the prison setting. The CDC guidelines present the barest minimum with respect to such measures, which must necessarily include at least:
43 Sarah Volpenhein, Marion prison coronavirus outbreak seeping into larger community, MARION STAR (Apr. 25, 2020), https://www.marionstar.com/story/news/local/2020/04/25/marion-prison-ohio-coronavirus-outbreak-seepinginto-larger-community/3026133001/. 44 Id. 45 Meghan Roos, One Arkansas Prison Make Up Almost a Third of State’s Coronavirus Cases, NEWSWEEK (Apr. 20, 2020), available at https://www.newsweek.com/one-arkansas-prison-makes-almost-third-states-coronavirus-cases1499045. 46 Michelle Bachelet, UN High Commissioner for Refugees, Urgent Action Needed to Prevent COVID-19 “Rampaging Through Places of Detention” (Mar. 25, 2020), https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25745&LangID=E.
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a. Intensified cleaning and disinfecting procedures, even in those facilities where COVID-19 cases have not yet been identified. Frequently touched surfaces and objects should be cleaned and disinfected several times per day, especially in common areas, with EPA-registered disinfectants effective against the coronavirus.47 “Such surfaces may include objects/surfaces not ordinarily cleaned daily (e.g., doorknobs, light switches, sink handles, countertops, toilets, toilet handles, recreation equipment, kiosks, and telephones).”48 In addition to regular cleaning routines, prison staff should also “thoroughly clean and disinfect all areas where [a] confirmed or suspected COVID-19 case spent time.”49
b. Provision of adequate cleaning supplies and personnel. Facilities should ensure adequate supplies to support intensified cleaning and disinfection practices.50 The CDC also strongly recommends “increasing the number of staff and/or incarcerated/detained persons trained and responsible for cleaning common areas to ensure continual cleaning of [common] areas throughout the day.”51
c. Provision of a no-cost supply of soap and other hand washing materials to incarcerated persons, sufficient to allow frequent hand washing. Liquid soap should be provided where possible, and if bar soap must be used, prison authorities should “ensure that it does not irritate the skin and thereby discourage frequent hand washing.”52 Facilities should also provide inmates with running water and hand drying machines or disposable paper towels for hand washing; tissues and no-touch trash receptacles for disposal; and alcohol-based sanitizer with “at least 60% alcohol where permissible based on security restrictions.”53 The CDC recommends allowing staff to carry individual-sized bottles of sanitizer to maintain hand hygiene.54
d. Social distancing. Prison facilities should implement “social distancing strategies to increase the physical space between incarcerated/detained persons (ideally 6 feet between all individuals, regardless of the presence of symptoms).”55 The CDC’s prescribed measures for implementation of social distancing include enforcing increased spacing between individuals in holding cells and other common spaces, such as dining halls, recreational areas, intake and waiting areas, and medical examination rooms.56 In housing units, prison administrators should “reassign bunks [to the extent possible] to provide more space between
47 CDC Guidance at 9. 48 Id. 49 Id. at 17. 50 Id. 51 Id. 52 Id. 53 Id. at 10. 54 Id. 55 Id. at 11. 56 Id.
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individuals” and “arrange bunks so that individuals sleep head to foot to increase the distance between them.”57
e. Provision of up-to-date information about COVID-19. Prison authorities should “communicate clearly and frequently with incarcerated/detained persons about changes to their daily schedule and how they can contribute to [COVID-19] risk reduction.58 They should [p]rovide up-to-date information about COVID-19 to incarcerated/detained persons on a regular basis.”59 Authorities should post signage throughout the prison facility that (1) identifies the symptoms of COVID19, (2) provides hand hygiene instructions, and (3) instructs incarcerated people to report symptoms to staff; they should also ensure that “signage is understandable for non-English speaking persons and those with low literacy[.]”60 Finally, authorities should “communicate [COVID-19] information verbally on a regular basis[,]”61 and “consider having healthcare staff perform rounds on a regular basis to answer questions about COVID-19.”62
f. A reliable means by which incarcerated people report symptoms of coronavirus and be seen the same day by medical staff, even if no guards or few guards are on duty in their housing units. “As soon as an individual develops symptoms of COVID-19, they should wear a face mask . . . and should be immediately placed under medical isolation[.]”63 Immediate action decreases the possibility that a person with the virus will transmit it to others in the unit. For immediate action to occur, a means must exist for residents to inform staff who will take prompt action.
g. Temperature checks. Prison authorities should implement daily temperature checks in housing units where COVID-19 cases have been identified, especially if there is concern that incarcerated/detained individuals are not notifying staff of symptoms.64
45. It is my expert opinion that in addition the CDC guidelines, Prison Authorities should also implement the following precautions and procedures in effort to effectively slow the rapid spread of COVID-19 in prisons:
a. Cleaning frequently touched surfaces and objects on shared equipment. Prison Authorities should ensure that places and objects, like yard equipment, furniture, holding tanks, and transport vans, are cleaned and disinfected several times per day with EPA-registered disinfectants effective against the coronavirus.
57 Id. 58 Id. at 12. 59 Id. 60 Id. at 6. 61 Id. at 10. 62 Id. at 12. 63 Id. at 15 (emphasis added). 64 CDC Guidance at 12.
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b. Advertisement of medical fee waiver. CDC guidance recommends that Prison Authorities “consider suspending co-pays for incarcerated/detained persons asking for medical evaluation for respiratory symptoms.”65 However, this suspension has little effect if inmates are not aware of it. Prison Authorities must clearly and repeatedly inform residents of the fee waiver so that the benefit of doing so—encouraging swift identification and isolation of positive cases—is realized. This should include verbal reminders and signage in multiple languages.
c. Soap replenishment. In addition the cost-free provision of soap recommended by the CDC, prisons should implement a facility-wide protocol, and effectively train residents and staff to use it, whereby a resident who runs out of soap can obtain more promptly.
d. Reporting of violations. Effective written policies mean nothing if they are not enforced. Facilities should provide an anonymous mechanism for incarcerated individuals to report ineffective implementation of policies, including if staff violate protocol, so that appropriate corrective action may be taken.
e. Medical isolation unique from solitary confinement. Solitary confinement and quarantine do not provide the protections of medical isolation and should not be used as an alternative. 66 Moreover, use of solitary confinement can greatly exacerbate mental health conditions, further putting inmates at risk.67
46. I have personally reviewed the declarations of Tony Smith, Roger Ewing, Daniel Hatten, Brittany Waddell (all incarcerated in CMFC); Jamarcus Davis, Bob Henderson, Thomas Holder, Erik Lewis, Douglass Triplett (all incarcerated in SMCI); and Oziel Guzman, on behalf of his father Juan Guzman (incarcerated in SMCI). Based on my review of these inmate declarations, I conclude that the Mississippi Department of Corrections is (1) failing to release individuals with disabilities who require release under present circumstances, (2) failing to take the measures articulated in paragraphs 44(a)—(g) above for the protection of inmates not released,68 (3) failing to take the additional measures
65 Id. at 9. 66 Prison facilities should follow the recommendations of David Cloud, JD, MPH, Dallas Augustine, MA, Cyrus Ahalt, MPP, and Brie Williams, MD, MS articulated in their paper, The Ethical Use of Medical Isolation – Not Solitary Confinement – to Reduce COVID-19 Transmission in Correctional Settings. See David Cloud, JD, MPH, Dallas Augustine, MA, Cyrus Ahalt, MPP, & Brie Williams, MD, M, The Ethical Use of Medical Isolation – Not Solitary Confinement – to Reduce COVID-19 Transmission in Correctional Settings, Amend (April 9, 2020), https://amend.us/wp-content/uploads/2020/04/Medical-Isolation-vs-Solitary_Amend.pdf. 67 K. Reiter, J. Ventura, D. Lovell, D. Agustine, M. Barragan, T. Blair, K. P. Dashtgard, G. Gonzalez, N. Pifer, & J. Strong, Psychological Distress in Solitary Confinement: Symptoms, Severity, and Prevalence in the United States, 2018-2018, Am. Pub. Health Ass. (Jan. 22, 2020), https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2019.305375. 68 Common areas are rarely cleaned due to lack of chemicals and supervision. See Smith Decl. ¶¶ 28, 31 (inmates have no chemicals to sanitize their personal space); Ewing Decl. ¶¶ 13, 16 (staff does not enforce daily clean or provide supplies). Residents are not provided with updated information regarding coronavirus or protective
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articulated in paragraphs 45(a)-(e) above for the protection of inmates not released,69 and (4) failing to take measures sufficient to have any reasonable hope of appreciably slowing the spread of COVID-19 within the prison setting. I have been made aware that Roger Ewing, Bob Henderson, Thomas Holder, Erick Lewis, and Douglass Triplett are included within a proposed Disability Subclass in the above-captioned litigation. I have personally reviewed the declarations of each of these inmates. Based on the representations of these inmates in their declarations, and operating under the premise that such representations are accurate, I conclude that each of these individuals suffer from a disability that substantially limits one or more of their major life activities and are at increased risk of contracting, becoming severely ill from, and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability.
47. The public health crisis requires each and every one of us to re-evaluate how we conduct our lives and care for one another. Institutions responsible for the care and custody of vulnerable populations must take unique steps to “flatten the curve” and slow the spread of this virus. Incarcerating as few individuals as possible will help mitigate the harm from a COVID-19 outbreak.
48. Conditions related to COVID-19 are changing rapidly and may change between the time I execute this Declaration and when this matter appears before the Court.
measures. See Waddell Decl. ¶ 3. Inmates are unable to wash hands due to lack of soap and skin irritation. See Davis Decl. ¶ 23 (inmates will avoid washing hands to preserve soap for showers); Triplett Decl. ¶ (describing avoiding using soap to wash hands because the state soap irritates his skin). Inmates are not permitted to wear the masks they are given, and neither guards nor medical staff wear masks regularly or properly. See Smith Decl. ¶ 44 (inmates received masks at the end of April but were instructed not to wear them); Hatten Decl. ¶ 15 (less than half of guards wear masks, and residents generally do not); Lewis Decl. ¶¶ 11-12, 42 (same). It is impossible to maintain social distancing. See Ewing Decl. ¶ 26; Davis Decl. ¶ 27. Areas where confirmed or suspected COVID-19 positive people have spent time are not thoroughly cleaned and disinfected. See Waddell Decl. ¶ 4. Facilities are dangerously understaffed, meaning medical emergencies are left unresponded to. See Ewing Decl. ¶¶ 3-5, 6; Waddell Decl. ¶ 22; Henderson Decl. ¶ 4; Lewist Decl. ¶¶ 15, 47 (residents have died because officers did not attend to medical emergencies); Triplett Decl. ¶ 11 (same). Daily temperature checks have not been implements in housing units where COVID-19 cases have been identified. See Waddell Decl. ¶ 5 (“During the fourteen-day quarantine period, we had our temperature check a total of three times.”). 69 Residents attend yard together regardless of zone quarantines, and residents share equipment. Waddell Decl. ¶ 8. The equipment is not sanitized, despite being used by residents from zones with suspected coronavirus cases. Id. Soap is not readily available. See Davis Decl. ¶ 23 (resident request for more soap was refused). ARP forms are frequently left unanswered, and official responses are often delayed. See Smith Decl. ¶¶ 49-51; Waddell Decl. ¶ 42; Davis Decl. ¶ 33. Guards and officials offer thinly veiled threats of retaliation against residents who wish to submit ARP. See Triplett ¶¶ 27, 33 (describing fear of retaliation and officials’ threats specifically related to coronavirus ARPs); Waddell Decl. ¶ 42 (describing retaliation for filing grievances). Residents are not aware that MDOC has waived the $6 medical fee for respiratory symptoms, and many noted that the fee is a deterrent for reporting illnesses or requesting medical attention. See Smith Decl. ¶ 5; Ewing Decl. ¶ 28; Hatten Decl. ¶ 18; Waddell Decl. ¶ 40; Davis Decl. ¶ 28; Henderson Decl. ¶ 37; Holder Decl. ¶ 21.
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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 16 of 30
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct to the best of my information and belief. Executed this 14th day in May 2020 in New Haven, CT.

Gregg Gonsalves

Assistant Professor of Epidemiology (Microbial Diseases)

Yale

School

of

Public

Health

350 George Street

New

Haven,

CT

06511

gregg.gonsalves@yale.edu

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APPENDIX 1

Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 18 of 30
Gregg S. Gonsalves, Ph.D.

Date of Revision:

4 May 2020

Name:

Gregg S. Gonsalves, Ph.D.

Appointment:

Assistant Professor with Term in the Department of Epidemiology of Microbial Diseases, Traditional Track

Term:

Primary Appointment: July 1, 2020 to June 30, 2023

School:

Yale University School of Medicine and the Graduate School

Education: B.S. (with distinction) M.Phil. Ph.D.

Yale College (Biology) 2011 Yale School of Public Health 2015 Yale School of Public Health 2017

Career/Academic Appointments:

2018-
2017-
2017-
20172017-
2017-
20122012-2017 2011-2012
2011-2012
2011-2012
2010

Affiliated Faculty, Yale Program in Addiction Medicine, Yale School of Medicine, New Haven, CT Affiliated Faculty, Public Health Modeling Concentration, Yale School of Public Health New Haven, CT Assistant Professor, Department of the Epidemiology of Microbial Diseases, Yale School of Public Health, New Haven, CT Associate Professor (Adjunct) of Law, Yale Law School, New Haven, CT Affiliated Faculty, Women’s, Gender, & Sexuality Studies, Yale University, New Haven, CT Affiliated Faculty, Jackson Institute for Global Affairs, Yale University, New Haven, CT Research Scholar in Law, Yale Law School, New Haven, CT Lecturer in Law, Yale Law School, New Haven, CT Post-Graduate Research Fellow, Department of the Epidemiology of Microbial Diseases, Yale School of Public Health, New Haven, CT Research Scholar, University of Cape Town, Centre for Social Science Research, Cape Town, South Africa Fellow, Harvard Medical School, Department of Global Health and Social Medicine, Boston, MA Summer Research Associate, l’unité Régulation des infections rétrovirales, Institut Pasteur, Paris, France

Administrative Positions:

20172016-
2012-
2006-2008

Co-Faculty Director, Global Health Studies, Yale College, New Haven, CT Co-Director, Collaboration for Research Integrity and Transparency, Yale Law School Yale School of Public Health and Yale Medical School, New Haven, CT Co-Director, Global Health Justice Partnership, Yale Law School and Yale School of Public Health, New Haven, CT Coordinator, AIDS and Rights Alliance for Southern Africa, Cape Town, South Africa

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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 19 of 30

Gregg S. Gonsalves, Ph.D.

2000-2006 1991-2000

Director of Treatment and Prevention Advocacy, Public Policy Department, Gay Men’s Health Crisis, New York, NY Co-Founder and Policy Director, Treatment Action Group, New York, NY

Professional Honors & Recognition:

International/National/Regional

2018: 2014: 2011:
2011: 2010: 2008: 2001:

MacArthur Fellow, MacArthur Foundation Albert and Mary Lasker Foundation Essay Contest William R. Belknap Prize for Excellence in Biology (the highest honor bestowed on undergraduates in the department and awarded to one student each year), Yale College Open Society Foundations Fellowship Alan S. Tetelman 1958 Fellowship for International Research in the Sciences, Yale College John M. Lloyd Foundation Leadership Award Treatment Action Group Research in Action Award

Grant History:

Current Grants

Agency:

MacArthur Foundation

I.D#

N/A

Title:

MacArthur Fellowship

P.I.:

Gregg S. Gonsalves

Percent effort:

N/A (unrestricted award for personal use)

Direct costs for project period: $625,000

Project period:

1/1/2019-12/31/2023

Agency:

National Institute on Drug Abuse

I.D.#

DP2DA49282-01

Title:

Avenir Award Program for Research on Substance Abuse and

HIV/AIDS

“Novel Adaptive Approaches to Predicting and Responding to

Outbreaks of Overdose, HIV and HCV Among People Who Use

Drugs”

P.I.:

Gregg S. Gonsalves

Percent effort:

25% (DP2 awards have no pre-specified budget, but require at least

25% effort)

Direct costs for project period: $1,500,000

Total costs for project period: $2,512,500

Project period:

07/01/2019-05/31/2024

Agency: I.D.# Title: P.I.: Percent effort: Direct costs per year:

National Institute on Drug Abuse R37DA15612-16 “Making Better Decisions: Policy Modeling for AIDS & Drug Abuse” Douglas Owens, Stanford; Yale Subaward PI: David Paltiel 25% $60,141 (Yale Subaward Only; Current Year Direct)

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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 20 of 30

Gregg S. Gonsalves, Ph.D.

Total costs for project period: $3,942,000

Project period:

09/25/2002 – 01/31/2023

Agency: I.D.# Title: P.I.:
Percent effort: Direct costs per year: Project Period:

National Institute of Allergy and Infectious Diseases 5R01AI042006-22 “Cost-Effectiveness of Preventing HIV Complications” (CEPAC-US) Kenneth Freedberg, Massachusetts General Hospital; Yale Subaward PI: David Paltiel 20% $28,198 (Yale Subaward Only; Current Year Direct) 04/01/1998 – 07/31/2020

Past Grants

Agency:

National Institute of Mental Health

I.D.#

5R01MH105203-04

Title:

“Novel Approaches to the Design and Evaluation of Combination HIV

Prevention”

P.I.:

David Paltiel

Percent effort:

5%

Direct costs per year:

$564,682

Total costs for project period: $3,309,826

Project period:

06/25/2014 – 02/28/2020

Agency:

Laura and John Arnold Foundation

I.D.#

Research Integrity Initiative Grant

Title:

“Yale Collaboration for Research Integrity and Transparency”

P.I.:

Gregg S. Gonsalves (co-P.I. with Amy Kapczynski, J.D. and Joseph

Ross, M.D.)

Percent effort:

5%

Direct costs per year:

$841,619

Total costs for project period: $3,023,059

Project period:

07/01/2016 – 07/1/2019

Agency:

Levi-Strauss Foundation

I.D. #

R13002

Title:

“Yale Global Health Justice Partnership Summer Fellowship Program

P.I.:

Alice Miller, JD

Percent effort:

1.54%

Direct costs per year:

$50,000

Total costs for project period: $100,000

Project Period:

05/1/2015-4/30/2017

Agency:
I.D.# Title: P.I.: Percent effort:

Public Health Services and Systems Research (PHSSR)/University of Kentucky Research Foundation Fellowship “PHSSR Pre-doctoral Scholar in Public Health Delivery” Gregg S. Gonsalves 100%

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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 21 of 30

Gregg S. Gonsalves, Ph.D.

Total costs for project period: $24,472

Project period:

10/1/2014 – 9/1/2015

Agency:

Open Society Foundations

I.D.#

Fellowship

Title:

“Open Society Fellowship”

P.I.:

Gregg S. Gonsalves

Percent effort:

100%

Total costs for project period: $150,000

Project period:

07/1/2011 – 07/1/2012

Agency:

John M. Lloyd Foundation

I.D.#

Fellowship

Title:

“AIDS Leadership Award”

P.I.:

Gregg S. Gonsalves

Percent effort:

100%

Total costs for project period: $100,000

Project period:

09/1/2008 – 09/1/2009

Other Grant History (aggregate figures for programs that I managed and grant funding when working for non-governmental organizations outside of academia):

Agency: The Joint United Nations Programme on AIDS; Public Welfare Foundation; John M. Lloyd Foundation; Swedish International Development Agency; UK Department for International Development; Royal Dutch Netherlands Embassy; IrishAID; HIVOS Foundation; Stephen Lewis Foundation
I.D. # Program Budget Title: “AIDS and Rights Alliance for Southern Africa Treatment Literacy and Advocacy Program” P.I.: Gregg S. Gonsalves Percent effort: 100% Total costs for project period: $1,150,000 Project period: 06/1/2006 – 06/1/2008

Agency: Bill and Melinda Gates Foundation; Doris Duke Charitable Trust; Sainsbury Family Trusts/Monument Trust
I.D. # Program Budget Title: “The CD4 Initiative at Imperial College (UK)” P.I. Gregg S. Gonsalves (founder/board chair) Hans-Georg Batz, Ph.D. (project director) Percent effort: 25% Total costs for project period: $9,000,000 Project period: 06/1/2005 – 03/1/2010

Agency: John M. Lloyd Foundation; Overbrook Foundation; New York Community Trust; Rockefeller Foundation; Bill and Melinda Gates Foundation; Open Society Foundations; Bristol-Myers Squibb; Boehringer-Ingelheim; Merck; Broadway Cares--Equity Fights AIDS; National Institutes of Health; American Foundation for AIDS Research; Doris Duke Charitable Foundation
I.D. # Program Budget Title: “Gay Men’s Health Crisis Treatment and Prevention Advocacy Program”

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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 22 of 30
Gregg S. Gonsalves, Ph.D.
P.I. Gregg S. Gonsalves Percent effort: 100% Total costs for project period: $1,150,000 Project Period: 6/1/2000-6/1/2006
Agency: John M. Lloyd Foundation; Overbrook Foundation; New York Community Trust; Aaron Diamond Foundation; Royal S. Marks Foundation, Michael Palm Foundation, American Foundation for AIDS Research
I.D. # Program Budget Title: “Treatment Action Group Program Budget” P.I. Gregg S. Gonsalves (co P.I. with Mark Harrington) Percent effort: 100% Total costs for project period: $3,120,000 Project Period: 1/1/1993-6/1/2000
Invited Speaking Engagements, Presentations, Symposia & Workshops:
International/National
2020 Department of Public Health Sciences, University of Chicago, Chicago, IL, “An Adaptive Approach to Locating Mobile HIV Testing Services”
International Conference on Health Policy Statistics, San Diego, CA, “Using Risk Maps to PreDeploy Services for Overdose, HIV and Hepatitis C Among People Who Inject Drugs”
New York University Langone Medical Center, New York, NY, "Non-Trial Preapproval Access to Investigational Medical Products: Lessons Learned and Practical Advice Moving Forward"
2019 New England AIDS Education and Training Center, Boston, MA, “Applying 35 Years of HIV Work to the Substance Use Epidemic”
HIV Center for Clinical and Behavioral Studies at the New York State Psychiatric Institute and Columbia University, New York, NY, “Causal Inference and Structural Interventions for HIV Prevention” as part of symposium on “Staying at Zero: The Role of Social Science in Ending the HIV Epidemic”
Northeastern University School of Law, Boston, MA, “Annual Lecture in Health Policy and Law”
Kaiser Permanente School of Medicine, Pasadena, CA, “We Will Be Citizens: From AIDS Activism to Mobilizing for Global Health Justice”
Providence/Boston Center for AIDS Research Annual Research Forum, Brown University, Providence RI, “Closing Plenary: We Will Be Citizens: From AIDS Activism to Mobilizing for Global Health Justice”
Decolonizing Global Health Conference, Harvard School of Public Health, Boston, MA, “Closing Plenary - Solidarity-oriented approaches: subverting the status quo of global health”
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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 23 of 30
Gregg S. Gonsalves, Ph.D.
Special Lecture Series on Global Public Health, “We Will Be Citizens: From AIDS Activism to Mobilizing for Global Health Justice,” University of South Alabama, Mobile, AL
2018 Johns Hopkins Bloomberg School of Public Health, Baltimore, MD, Panel Presentation and Discussion, “30th Anniversary of Seize Control of the FDA: Protest, Crisis, and Public Health”
2016 Department of Health Policy, Management, and Behavior, University at Albany, School of Public Health, Albany, NY, “Sanitation and Sexual Violence in an Urban Township in Cape Town, South Africa: A Modeling Study”
Academy Health Annual Research Meeting, Boston, MA, Panel Presentation and Discussion, “Entrepreneurship in Bridging Evidence, Policy and Practice: A Conversation”
European Public Health Alliance, Brussels, Belgium, The push towards accelerated market approvals: What does it mean for drug development, patient safety and access to medicines in Europe?, Panel Presentation and Discussion, “Our agenda - What kind of market access system do we want in Europe?”
Northeastern University School of Law, Boston, MA, Individual Choice v. Collective Destiny: the Future of Public Health, Panel Presentation and Discussion, "We Will Be Citizens: On Global Health Justice”
2015 Yale Law School, Gruber Program for Global Justice and Women’s Rights, “In and out of the ivory tower: How can Northern Universities Advance Global Health Justice”
Food and Drug Administration (FDA), National Institute of Allergy and Infectious Diseases (NIAID), Assistant Secretary for Preparedness and Response and the Centers for Disease Control and Prevention, Bethesda, MD, Clinical Trial Designs for Emerging Infectious Diseases, Panel Presentation and Discussion, “The Challenges of Developing New Treatments for Life-Threatening Diseases: From HIV-AIDS to EVD”
National Physicians Alliance, Washington, DC, Truth to Power: Alliance for the Public Good, Panel Presentation and Discussion, “Incentivizing Innovation: How Do We Ensure Safe, Effective Drugs and Devices?”
Keeneland Public Health Services and Systems Research Conference, Lexington, KY, Poster Presentation, “Go With the Flow: Understanding the Temporal Dynamics of the HIV Continuum of Care or the HIV Treatment Cascade”
2008 The XVII International AIDS Conference, Mexico City, Mexico, Plenary Session, “Scaling Up Antiretroviral Therapy and the Struggle for Comprehensive Primary Care”
2007 The 18th International Conference on the Reduction of Drug Related Harm, Warsaw, Poland, Plenary Session, “A Report from the Ghost of Christmas Past”
2006 The XVI International AIDS Conference, Toronto, Canada, Plenary Session, “25 years of AIDS: Looking Back, Looking Forward”
6

Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 24 of 30
Gregg S. Gonsalves, Ph.D.
Priorities in AIDS Care and Treatment Conference, Cape Town, South Africa, Plenary Session, “Reason, Rationality and Madness and the AIDS Epidemic”

2004 The XV International AIDS Conference, Bangkok, Thailand, Panel Presentation and Discussion, “How to Lose the War on AIDS”

The XV International AIDS Conference, Bangkok, Thailand, Panel Presentation and Discussion, “The Mysteries of Community Capital”

Oral presentations on AIDS research and treatment at meetings, including the International Congress on Drug Therapy for HIV Infection; International Conference on AIDS; the Keystone Symposium on HIV Pathogenesis; The White House Conference on AIDS; National Task Force on AIDS Drug Development; European AIDS Treatment Group Eastern States Conference; Médecins Sans Frontières’ meeting on How to Simplify and Adapt ARV Combination Therapies and Monitoring for Use in Low and Middle Income Countries; WHO International Consultative Meeting on HIV/AIDS Antiretroviral Therapy; WHO Informal Consultation on Harmonization of Strategies for HIV/AIDS Diagnostic Support.

Other presentations: Harvard College, Yale College, Mt. Sinai School of Medicine, Institut Pasteur, Phillips Andover Academy, Columbia University, Stetson University, Eurasia Foundation, Open Society Foundations, Central European University.

Professional Service:

Peer Review Groups/Grant Study Sections

2000-2004 Member, American Foundation for AIDS Research, Basic Research Peer Review

Committee

2003

Member, Expert Review Panel, Doris Duke Charitable Foundation’s Innovation in

Clinical Research Award on Point-of-Care Diagnostics and Therapeutic Monitoring of

AIDS in Resource-Poor Countries

1998

Member, Ad-Hoc Peer Review Panel for the Centers for AIDS Research, NIH/NIAID

1996

Member, Ad-Hoc Peer Review Panel for the AIDS Clinical Trials Group, NIH/NIAID

1996

Member, Ad-Hoc Peer Review Panel for the California Centers for AIDS Research,

California State AIDS Research Program

Journal Service

Reviewer: British Medical Journal; PLoS Medicine; Journal of Urban Health; Globalization and Health; Health Affairs; Milbank Quarterly; JAMA Internal Medicine.

Advisory Bodies for Federal and International Agencies and Foundations

2019-2020 2019 2017-2018

Scientific Programme Committee, Track C: Epidemiology and Prevention Research, 23rd International AIDS Conference Member, NIH Workshop on HIV-Associated Comorbidities, Syndemics Working Group Member, Office of AIDS Research Ad Hoc Cost-Sharing Task Force, NIH

7

Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 25 of 30

Gregg S. Gonsalves, Ph.D.

2017-2018
2001-2006
2005-2006
2000-2002 1998-2002 2002
2001 2000 1998 1995-1996 1995-1996 1995-1996

Member, Committee on Return of Individual-Specific Research Results Generated in Research Laboratories, National Academy of Sciences, Engineering, and Medicine Member, Panel on Clinical Practices for the Treatment of HIV (convened by the Department of Health and Human Services and the Henry J. Kaiser Family Foundation) Member, UNAIDS/UK Department for International Development Global Steering Committee on Universal Access to HIV Treatment, Care and Prevention Member, Office of AIDS Research International Research Planning Group, NIH Member, Office of AIDS Research Advisory Council, NIH Member, World Health Organization Planning Committee for Development of an International Plan of Action for Scale-Up of Antiretroviral Therapy Member, World Health Organization Antiretroviral Treatment Working Group Member, Search Committee for the Director of the Office of AIDS Research, NIH Member, Search Committee for the Director of the Office of AIDS Research, NIH Member, Food and Drug Administration, Antiviral Drugs Advisory Committee Member, NIH AIDS Research Program Evaluation Working Group Member, NIH Etiology and Pathogenesis Area Review Panel

Meeting Planning/Participation

2017
2012 2008
2008 2007 2006 2006
2005 2001 2000 1997-1998 1996
1993

Chair, Yale Collaboration for Research Integrity and Transparency and European Public Health Alliance, Conference on Ensuring Safety, Efficacy and Access to Medical Products in the Age of Global Deregulation Co-Chair, Yale Global Health Justice Partnership Meeting on Mining, Tuberculosis and Silicosis in Southern Africa Co-Chair, Médecins Sans Frontières, Treatment Action Group, AIDS & Rights Alliance for Southern Africa Meeting on Development of Point-of-Care Assays for the Diagnosis of Tuberculosis Co-Chair, Treatment Action Campaign and AIDS & Rights Alliance for Southern Africa Meeting on Mines, Tuberculosis and Southern Africa Co-Chair, Treatment Action Campaign and AIDS & Rights Alliance for Southern Africa Meeting on Emergency Southern African Advocacy Summit on TB and HIV Chair, GMHC Forum on Structural Factors Driving Risk of HIV Transmission Among Gay Men and Communities of Color: Drug Use, Depression, Violence, Incarceration Chair, GMHC Conference on Moving towards Universal Access: Identifying Public Policies for Scaling Up AIDS Treatment and Strengthening Health Systems in Developing Countries Chair, GHMC and Human Rights Watch Symposium on HIV Testing and Human Rights Co-Chair, GMHC/Project Inform Workshop on Diagnostic and Monitoring Tools for the Management of Antiretroviral Therapy in Resource-Poor Settings Co-Chair, Treatment Action Group American Foundation for AIDS Research Workshop on New Viral and Cellular Targets for Antiretroviral Therapy Member, Scientific Planning Committee, XII International Conference on AIDS Co-Chair, Treatment Action Group American Foundation for AIDS Research Workshop on Cellular and Systemic Reservoirs for HIV in Patients on Highly Active Antiretroviral Therapy Member, Planning Committee, NIH Conference on Immunologic and Host Genetic Resistance to HIV Infection and Disease

8

Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 26 of 30
Gregg S. Gonsalves, Ph.D.
Yale School of Public Health Service

2018-
20182017

Co-Chair, Epidemiology of Microbial Disease Seminar Committee, Yale School of Public Health Member, Wilbur Downs Fellowship Committee, Yale School of Public Health Member, Faculty Search Committee, Social and Behavioral Sciences, Yale School of Public Health

Public Service

201720072007-2013
2000-2010 2000-2005 1989-1992

Member, Board of Directors, CitySeed, New Haven, CT Chair, Board of Directors, International Treatment Preparedness Coalition Member, Bill & Melinda Gates Foundation/Henry J. Kaiser Family Foundation Global HIV Prevention Working Group Chair, The CD4 Initiative at Imperial College, UK Member, Board of Directors, Alliance for Microbicide Development Member, AIDS Coalition to Unleash Power

Bibliography:

Peer Reviewed Original Research

1. Li ZR, Xie E, Crawford FW, Warren JL, McConnell K, Copple JT, Johnson T, Gonsalves GS, Suspected Heroin-Related Overdose Incidents in Cincinnati, Ohio: A Spatiotemporal Analysis, PLoS Med 2019; 16(11): e1002956. https://doi.org/10.1371/journal.pmed.1002956

2. Egilman AC, Wallach JD, Dhruva SS, Gonsalves GS, Ross JS. Medicare Spending on Drugs and Biologics Not Recommended for Coverage by International Health Technology Assessment Agencies. Journal of General Internal Medicine. 2019:1-3.

3. Gonsalves GS, Crawford FW, Dynamics of the HIV Outbreak and Response in Scott County, Indiana, 2011-2015. Lancet HIV. 2018.

4. Wallach JD, Ciani O, Pease AM, Gonsalves GS, Krumholz HM, Taylor RS, Ross JS. Comparison of Treatment Effect Sizes from Pivotal and Post-Approval Trials of Novel Therapeutics Approved by the FDA on the Basis of Surrogate Markers of Disease: a Metaepidemiological study. BMC Medicine. 2018 Mar;16(1):45.

5. Gonsalves GS, Copple JT, Johnson T, Paltiel AD, Warren JL. Bayesian Adaptive Algorithms for Locating HIV Mobile Testing Services. BMC Medicine. 2018; 16(1):155.

6. Gonsalves GS, Crawford FW, Cleary PD, Kaplan EH, Paltiel AD. An Adaptive Approach to Locating Mobile HIV Testing Services. Medical Decision Making. 2018; 38(2): 262-272.

7. Ehrlich R, Montgomery A, Akugizibwe P, Gonsalves G. Public health implications of changing patterns of recruitment into the South African mining industry, 1973–2012: a database analysis. BMC Public Health. 2018 Jan; 18(1): 93.

8. Wallach JD, Gonsalves GS, Ross JS, Research, Regulatory and Clinical Decision-Making: The

9

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Gregg S. Gonsalves, Ph.D.
Importance of Scientific Integrity, Journal of Clinical Epidemiology. 2018 Jan 1;93: 88-93.
9. Gonsalves GS, Paltiel AD, Cleary PD, Gill MJ, Kitahata MM, Rebeiro PF, Silverberg MJ, Horberg MA, Irene Hall HI, Abraham AG, Kaplan EH, A Flow-Based Model of the HIV Care Continuum in the United States. JAIDS Journal of Acquired Immune Deficiency Syndromes 2017;75(5):548-53.
10. Gopal A, Wallach J, Aminawung J, Gonsalves G, Dal-Re R, Miller J, Ross J. Adherence to ICMJE Prospective Registration Policy and Implications for Endpoint Integrity: A Cross Sectional Analysis of Trials Published in High-Impact Specialty Society Journals, PLOS Medicine. 2017: 19(1): 448.
11. Walensky RP, Borre ED, Bekker LG, Hyle EP, Gonsalves GS, Wood R, Eholie SP, Weinstein MC, Freedberg KA, Paltiel AD. Do Less Harm: Evaluating HIV Programmatic Alternatives in Response to Cutbacks in Foreign Aid. Annals Internal Med. 2017 Aug 29.
12. Lewnard JA, Antillón M, Gonsalves G, Miller AM, Ko AI, Pitzer VE. Strategies to prevent cholera introduction during international personnel deployments: a computational modeling analysis based on the 2010 Haiti outbreak. PLoS Med. 2016;13(1):e1001947.
13. Beckman AL, Bilinski A, Boyko R, Camp GM, Wall AT, Lim JK, Wang E, Bruce RD, Gonsalves GS. Treatment of hepatitis C virus infections in state correctional facilities in the United States: A national survey of prison commissioners. Health Affairs. 2016 Oct 1;35(10):1893-901.
14. Lewnard JA, Gonsalves G, Ko AI. Low risk for international Zika virus spread due to the 2016 Olympics in Brazil. Ann Intern Med 2016; published online July 26. doi:10.7326/M16-1628.
15. Gonsalves GS, Kaplan EH, Paltiel AD. Reducing sexual violence by increasing the supply of toilets in Khayelitsha, South Africa: a mathematical model. PLoS one. 2015;10(4):e0122244.
16. Peluso MJ, Seavey B, Gonsalves G, Friedland G. An inter-professional “advocacy and activism in global health”: module for the training of physician-advocates. Global Health Promotion. 2013;20(2):70–3.
17. Basu S, Stuckler D, Gonsalves G, Lurie M. The production of consumption: addressing the impact of mineral mining on tuberculosis in southern Africa. Globalization and Health. 2009;5(1):1.
Pre-prints
18. Bilinski A, Birger R, Burn S, Chitwood M, Clarke-Deelder E, Copple T, Eaton J, Ehrlich H, Erlendsdottir M, Eshghi S, Farid M, Fitzpatrick M, Giardina J, Gonsalves G, Hsieh Y, Iloglu S, Kao Y, MacKay E, Menzies N, Mulaney B, Paltiel D, Perniciaro S, Phillips M, Rich K, Salomon J, Sherak R, Shioda K, Swartwood N, Testa C, Thornhill T, White E, Williamson A, York A, Zhu J, Zhu L. Defining high-value information for COVID-19 decision-making. medRxiv. 2020
19. Fenichel EP, Berry K, Bayham J, Gonsalves G. A cell phone data driven time use analysis of the COVID-19 epidemic. medRxiv. 2020
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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 28 of 30
Gregg S. Gonsalves, Ph.D.
Invited Editorials and Commentaries
20. Yamey G, Gonsalves G. Donald Trump: a political determinant of covid-19. BMJ (Clinical research ed.). 2020 Apr 24;369:m1643.
21. Krieger N, Gonsalves G, Bassett MT, Hanage w, Krumholz HM. The fierce urgency of now: closing glaring gaps in US surveillance data on COVID-19. Health Affairs Blog. 14 April 2020.
22. Oladeru OT, Beckman A, Gonsalves G. What COVID-19 Means for America’s Incarcerated Population — And How to Ensure It’s Not Left Behind. Health Affairs Blog. 10 March 2020.
23. Luo J, Gonsalves G, Greene J. Insulin for all: treatment activism and the global diabetes crisis. Lancet (London, England). 2019 May 25;393(10186):2116.
24. Gonsalves G, Zuckerman D. Commentary: Will 20th century patient safeguards be reversed in the 21st century? BMJ. 2015;350:h1500.
25. Gonsalves G, Staley P. Panic, paranoia, and public health—the AIDS epidemic’s lessons for Ebola. New England Journal of Medicine. 2014;371(25):2348–9.
26. El-Sadr WM, Gonsalves G, Mugyenyi P. No Need for Apologies. JAIDS Journal of Acquired Immune Deficiency Syndromes. 2011; 57: S68–71.
27. Keshavjee S, Harrington M, Gonsalves G, Chesire L, Farmer PE. Time for zero deaths from tuberculosis. The Lancet. 2011;378(9801):1449–50.
28. Collins S, Baker BK, Gonsalves G, Gomes M. The dangers of attacking disease specific programmes for developing countries. British Medical Journal.; 2007 Sep 29;335(7621):646.
Chapters, Books, and Reviews
29. Ooms G, Hammonds R, Gonsalves G. The struggle against HIV/AIDS: rights, economics, and global responsibilities. The Millennium Development Goals and human rights: past, present and future. Cambridge University Press; 2013.
30. Bass E, Gonsalves G, Katana M. Advocacy, activism, community and the AIDS response in Africa. In: Public Health Aspects of HIV/AIDS in Low- and Middle-Income Countries. Springer; 2008, p. 151–70.
Case Reports, Technical Notes, Letters, Other Scholarly Work
31. Gonsalves G, Kapczynski A. The New Politics of Care. Boston Review: A Political and Literary Forum; 2020.
32. Gonsalves G, Kapczynski A. Markets V. Lives. Boston Review: A Political and Literary Forum; 2020.
33. Kapczynski A, Gonsalves G. Alone Against the Virus. Boston Review: A Political and Literary
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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 29 of 30
Gregg S. Gonsalves, Ph.D.
Forum; 2020.
34. Broach S, Petrone M, Ryan J, Sivaram A, Gonsalves, G. Reservoirs of Injustice: How Incarceration for Drug-Related Offenses Fuels the Spread of Tuberculosis in Brazil, Global Health Justice Partnership Report, Yale Law School/Yale School of Public Health. 2019.
35. Heydari S, Kembabazi A, Monahan C, Ragins K, Gonsalves G. Ending an Epidemic: Overcoming the Barriers to an HCV-Free Future, Global Health Justice Partnership Report, Yale Law School/Yale School of Public Health. 2015.
36. Batman S, Boyko R, Kalu E, Roth E, Goldberg RC, Gonzalez DJX, Gonsalves G. Fear, Politics, and Ebola: How Quarantines Hurt the Fight Against Ebola and Violate the Constitution. Global Health Justice Partnership Report, Yale Law School/Yale School of Public Health. 2015.
37. Boyko R, Goldberg RC, Darby S, Milin Z, Gonsalves G. Fulfilling Broken Promises: Reforming the Century-Old Compensation System for Occupational Lung Disease in the South African Mining Sector. Global Health Justice Partnership Report, Yale Law School/Yale School of Public Health. 2013.
38. Nattrass N, Gonsalves G. AIDS funds: undervalued. Science. 2010;330(6001):174–5.
39. Nattrass N, Gonsalves G. Economics and the backlash against AIDS-specific funding. Working Paper of the Centre for Social Science Research, University of Cape Town; 2009.
40. Gonsalves G. Misreading the Writing on the Wall, British Medical Journal. 2008 May; 9.
41. Gonsalves G. Next steps on ART. Nature Medicine. 2002;8(7):644–644.
42. Batz H-G, Guillerm M, Gonsalves G. Scaling up antiretroviral treatment in resource-poor settings. The Lancet. 2006;368(9534):445.
Editorials and Publications for the General Public
43. Gonsalves G. How Long Will It Take Until There’s a Vaccine? The Nation, April 30, 2020.
44. Gonsalves G. Beating Covid-19 Will Take Coordination, Experimentation, and Leadership. The Nation, April 23, 2020.
45. Gonsalves G. Testing. Testing. 1-2-3 Testing. The Nation, April 16, 2020.
46. Gonsalves G. The Science Is Clear on How to Beat This Pandemic. The Nation, April 9, 2020.
47. Gonsalves G. Gregg Gonsalves Blends Activism and Science (an interview with Claudia Dreifus), New York Times, April 8, 2019.
48. Gonsalves G. The U.S. really could end AIDS — if the Trump administration gets out of the way. Washington Post, February 8, 2019.
49. Gonsalves G. This is not a cure for my HIV. New York Times, March 9, 2019.
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Case 3:20-cv-00340-TSL-RHW Document 6-1 Filed 05/25/20 Page 30 of 30
Gregg S. Gonsalves, Ph.D.
50. Gonsalves G, Harrington M, Kessler DA. Don’t Weaken the FDA Drug Approval Process. New York Times. June 11, 2015.
51. Gonsalves G. Stop Playing Cowboy on Ebola. Foreign Policy. October 28, 2014. 52. Gonsalves G. “Am I Safe?” is the Wrong Ebola Question to Ask. Quartz. October 4, 2014.
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EXHIBIT 2

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 2 of 60

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

BRITTANY WADDELL, ROGER EWING, TONY SMITH, DANIEL HATTEN, DOUGLASS TRIPLETT, ERIK LEWIS, BOB HENDERSON, THOMAS HOLDER, and JAMARCUS DAVIS, individually and on behalf of a class of all others similarly situated,

Civil Action No. 3:20-cv-340-TSL-RHW

Plaintiffs,

v.

TOMMY TAYLOR, in his official capacity as Interim Commissioner of the Mississippi Department of Corrections; RON KING, in his official capacity as Superintendent of Central Mississippi Correctional Facility; and JOE ERRINGTON, in his official capacity as Superintendent of South Mississippi Correctional Institution,

Defendants

REPORT OF HOMER VENTERS, MD, MS May 24, 2020

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 3 of 60
TABLE OF CONTENTS
I. BACKGROUND AND QUALIFICATIONS......................................................................... 2 II. METHODOLOGY.................................................................................................................. 4 III. STATUS OF COVID-19 CASES AND TESTING IN MDOC FACILITIES ....................... 5 IV. OBSERVATIONS .............................................................................................................. 9 V. FINDINGS ............................................................................................................................ 11 a. Do MDOC’S current practices detect the number and severity of COVID-19 cases among staff and detainees and respond in a manner consistent with CDC guidelines and other established clinical standards of care? ............................................................................................................. 11 b. Do MDOC’S current practices slow the spread of COVID-19 through the facility and between people, both staff and detainees, in a manner consistent with CDC guidelines and other clinical standards of care? .......................................................................................................................... 16 c. Do MDOC’S current practices identify and protect high-risk detainees from serious illness and death from COVID-19? .......................................................................................................... 19 VI. CONCLUSION: MDOC’S RESPONSE TO COVID-19 AT CMCF AND SMCI IS DEFICIENT. ................................................................................................................................. 23
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This is a review of the Mississippi Department of Corrections’ (MDOC) COVID-19 response at Central Mississippi Correctional Facility (CMCF) and South Mississippi Correctional Institute (SMCI), which together house approximately 6,000 individuals.1 Unless otherwise noted, my reference to MDOC’s actions refer to their actions at CMCF and SMCI.
I. BACKGROUND AND QUALIFICATIONS 1. I am a physician, internist, and epidemiologist with over a decade of experience in
providing, improving, and leading health services for incarcerated people.2 My clinical training includes residency training in internal medicine at Albert Einstein/Montefiore Medical Center (2007) and a fellowship in public health research at the New York University School of Medicine (2009). My experience in correctional health includes two years visiting immigration detention centers and conducting analyses of physical and mental health policies and procedures for persons detained by the U.S. Department of Homeland Security. This work included and resulted in collaboration with U.S. Immigration and Customs Enforcement (“ICE”) on numerous individual cases of medical release, the formulation of health-related policies, as well as testimony before the U.S. Congress regarding mortality inside ICE detention facilities.
2. After my fellowship training, I became the Deputy Medical Director of the Correctional Health Services of New York City. This position included both direct care to persons held in NYC’s 12 jails, as well as oversight of medical policies for their care. This role included
1 May 2020 Fact Sheet, MDOC, available at https://www.mdoc.ms.gov/Admin-Finance/MonthlyFacts/20205%20Fact%20Sheet.pdf. 2 My curriculum vitae is attached as Appendix 1.
2

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 5 of 60
oversight of chronic care, sick call, specialty referral and emergency care. I subsequently was promoted to the positions of Medical Director, Assistant Commissioner, and Chief Medical Officer. In the latter two roles, I was responsible for all aspects of health services including physical and mental health, addiction, quality improvement, re-entry and morbidity and mortality reviews as well as all training and oversight of physicians, nurses, and pharmacy staff. In these roles, I was also responsible for evaluating and making recommendations on the health implications of numerous security policies and practices including use of force and restraints.
3. During this time, I managed multiple communicable disease outbreaks including H1N1 in 2009, which impacted almost 1/3 of housing areas inside the adolescent jail, multiple seasonal influenza outbreaks, a recurrent legionella infection and several other smaller outbreaks.
4. In March 2017, I left Correctional Health Services of New York City to become the Director of Programs for Physicians for Human Rights. In this role, I oversaw all programs of Physicians for Human Rights, including training of physicians, judges and law enforcement staff on forensic evaluation and documentation, analysis of mass graves and mass atrocities, documentation of torture and sexual violence, and analysis of attacks against healthcare workers. I subsequently worked with the nonprofit Community Oriented Correctional Health Services (COCHS) in promoting evidence-based health services for people with justice involvement. I have also worked as an independent correctional health expert since 2017. In my roles as a correctional health physician I have conducted over 50 facility inspections, three of which have been specific for assessing the adequacy of COVID-19 response.
5. The following report is submitted as an evaluation of MDOC’s current COVID-19 response.
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Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 6 of 60
6. The purpose if this report is to focus on the adequacy of infection control and other public health measures currently being implemented to prevent serious illness and death among staff and detained people, including people with medical vulnerabilities as identified by the CDC, within these facilities in light of the current COVID-19 pandemic.
7. I have been retained as an expert by counsel for the plaintiffs in the above-captioned matter. I am being compensated for my work. This remuneration is not contingent on my opinions and does not influence my conclusions in any way.
II. METHODOLOGY 8. I have conducted this assessment and review of information with the following
questions in mind: a. Do MDOC’s current practices detect the number and severity of COVID-19 cases among detainees, and are they consistent with established standards of care for infection control and CDC guidelines? b. Do MDOC’s current practices prevent unnecessary hospitalization and death and slow the spread of COVID-19 in a manner consistent with established standards of care for infection control and CDC guidelines? c. Do MDOC’s current practices identify and protect high-risk detainees from serious illness and death from COVID-19?
9. In order to answer these questions and formulate my assessment, I have relied on the following information:
a. MDOC’s descriptions of its own COVID-19-related policies and practices, including those on and linked-to its “COVID-19 Information and Updates” webpage, including the pages titled, “COVID-19 Confirmed Inmate Cases” and
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Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 7 of 60
“COVID-19 Questions and Answers,” which describes the measures MDOC has taken to “ensure the well-being of staff and inmates”;3
b. Declarations of people currently detained by MDOC, including Daniel Hatten (CMCF), Jamarcus Davis (SMCI), Roger Ewing (CMCF), Bob Henderson (SMCI), Thomas Holder (SMCI), Tony Smith (CMCF), Erik Lewis (SMCI), Oziel Guzman (SMCI), Brent Ryan (SMCI), Derrick Guyton (Parchman hospital unit), Douglass Triplett (SMCI), Brittany Waddell (CMCF).
III. STATUS OF COVID-19 CASES AND TESTING IN MDOC FACILITIES 10. As of May 1, 2020, MDOC had 18,132 men and women in custody.4 As of May
22, 2020, MDOC had tested 68 inmates, representing 0.3% of its population in custody.5 Testing has resulted in 21 documented cases of COVID-19 among inmates in the MDOC system as of May 20, 2020. 6 One death has been reported among inmates from COVID-19.7 I have not found information about the number of hospitalizations of inmates to date due to COVID-19.

3 MDOC maintains a webpage with “COVID-19 Information and Updates,” which includes the link to its “COVID-

19 Q&A” and its “Confirmed Cases” listing the location of inmates testing positive for COVID-19. See, e.g., Appendix

2, which includes for May 18, 2020 the set of (1) the main “COVID-19 Information and Updates” page along with

the linked-to (2) “COVID-19 Questions and Answers” and (3) “COVID-19 Confirmed Inmate Cases” pages (MDOC

COVID-19 Main Page, Q&A, and Confirmed Inmate Cases, May 18, 2020).

4 May 2020 Fact Sheet, MDOC, available at https://www.mdoc.ms.gov/Admin-Finance/MonthlyFacts/2020-

5%20Fact%20Sheet.pdf.

5 See Appendix 4, COVID-19 Questions and Answers, Miss. Dept. of Corr. (updated May 22, 2020) (citing practices

necessary to “ensure the well-being of staff and inmates”) (“COVID-19 Q&A, May 22, 2020”).

6 See Appendix 3, COVID-19 Questions and Answers, Miss. Dept. of Corr. (updated May 21, 2020) (citing practices

necessary to “ensure the well-being of staff and inmates”) (“COVID-19 Q&A, May 21, 2020”).

77 Jimmie E. Gates, Mississippi Inmate Who Died Tested Positive for COVID-19, Clarion Ledger (Apr. 13, 2020),

available

at

https://www.clarionledger.com/story/news/2020/04/13/first-confirmed-case-covid-19-state-

inmate/2986782001/.

5

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11. The state of Mississippi has reportedly tested about 51,000 people to date, or approximately 1.7% of its population.8 Of those tested, approximately 26% (roughly 13,005 people) have received positive test results.9
12. The CDC has classified as “High Priority” the testing of symptomatic residents of prisons and jails; only testing of patients in hospitals and healthcare workers share this High Priority classification.10 Testing of non-incarcerated people with COVID-19 symptoms is categorized by the CDC with a less urgent “Priority” designation. The difference in priority classification results from the CDC’s recognition that the risk of infection and outbreak in a congregative setting is significantly greater than in the community at large.
13. As of May 15, 2020 (as posted on May 18, 2020),11 MDOC had tested 44 inmates, representing 0.2% of its population in custody: 34% (15 tests) were positive; 9% (4 tests) were pending; 80% (35 tests) were negative. As of the same date, MDOC had tested 49 staff: 16% (8 tests) were positive; 4% (2 tests) were pending; 80% (39 tests) were negative.
14. As of May 21, 2020,12 MDOC had tested 65 inmates, representing 0.3% of its population in custody: 32% (21 tests) were positive; 9% (6 tests) were pending; 58% (38 tests) were negative. As of the same date, MDOC had tested 62 staff: 16% (10 tests) were positive; 15% (9 tests) were pending; 69% (43 tests) were negative.
8 See, e.g., Anita Lee, How Mississippi became a COVID-19 testing leader despite ‘bottlenecks,’ lack of federal help, SunHerald (May 21, 2020), available at https://www.sunherald.com/news/coronavirus/article242153426.html. (reporting that, according to the Mississippi Department of health, the state has tested 51,434 people, or 1.7% of the state’s population). 9 13,005 cases of coronavirus identified by Miss. Dept. of Health; 616 deaths, WLBT Digital (May 23, 2020), available at https://www.wlbt.com/2020/05/23/cases-coronavirus-identified-by-miss-dept-health-deaths/. 10 Evaluation and Testing of Coronavirus, Centers for Disease Control and Prevention, available at https://www.cdc.gov/coronavirus/2019-nCoV/hcp/clinical-criteria.html (last visited May 22, 2020). 11 Appendix 2, MDOC COVID-19 Main Page, Q&A, and Confirmed Inmate Cases, May 18, 2020. 12 See Appendix 3, COVID-19 Q&A, May 21, 2020.
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15. As of May 22, 2020,13 MDOC had tested 68 inmates, representing 0.3% of its population in custody: 34% (23 tests) were positive; 7% (5 tests) were pending; 59% (40 tests) were negative. As of the same date, MDOC had tested 72 staff: 15% (11 tests) were positive; 25% (18 tests) were pending; 60% (43 tests) were negative. It is notable that MDOC tested ten staff within the most recent 24-hour period, all of which are pending. A quarter of all tests for MDOC staff are currently pending.
16. MDOC states that, “Symptomatic inmates with fever are tested according to Mississippi State Department of Health and CDC guidelines,” and that “[inmates] will be quarantined, according to MSDH and CDC guidelines.”14
17. The current many-fold difference—of nearly six times—between the percentage of the population tested in the community versus the prisons in Mississippi reveals a systemic and dramatic failure at either or both stages of (1) symptom identification (through passive and active surveillance measures); and (2) reliable application of the state of Mississippi’s own criteria for COVID-19 testing at the stage when qualifying symptoms are identified.
18. A high percentage of positive tests may indicate that MDOC is overwhelmed by COVID-19, but it may also indicate that not enough testing is being conducted..15 This is because more positive results means the tests are being used mainly to confirm obvious cases, rather than to determine the full scope of infection in the population, which is likely much larger.16 The sample
13 See Appendix 4, COVID-19 Q&A, May 22, 2020. 14 See Appendix 3, COVID-19 Q&A, May 21, 2020. 15 See, e.g., Pien Huang, If Most of Your Coronavirus Tests Come Back Positive, You’re Not Testing Enough, Npr.org, available at https://www.npr.org/sections/coronavirus-live-updates/2020/03/30/824127807/if-most-of-yourcoronavirus-tests-come-back-positive-youre-not-testing-enough. 16 Id.; see also, e.g., Roz Plater, As Many as 50 Percent of People with COVID-19 Aren’t Aware They Have the Virus, Healthline (Apr. 24, 2020), available at https://www.healthline.com/health-news/50-percent-of-people-with-covid19not-aware-have-virus.
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size of days I have analyzed and overall tests MDOC has completed may be too small to draw clear conclusions; however, preliminarily, the relatively high percentage of positive test results in the MDOC system, combined with the obvious deficiencies I outline below in the MDOC efforts to identify people who have COVID-19 symptoms, suggests that only obviously symptomatic individuals are being tested, and that the rate of infection is actually much higher among inmates and staff. Also of note is that inmates are being tested at a substantially lower rate than staff. And although staff are being tested with greater frequency, the relatively low percentage of negative staff test results indicates that MDOC may also be undertesting its staff as well.17 In the community, Mississippi’s testing program generates an average negative rate of 75%. Among MDOC’s staff, the negative testing rate has been as low as 60%, and among MDOC’s inmates, the negative testing rate has been as low as 59%.
19. In sum, this data, and the gross deficiencies I note below, provide strong preliminary evidence that MDOC testing practices are systematically deficient. It is likely that the number of COVID-19 cases confirmed by MDOC in its inmate population is significantly lower than the actual number of COVID-19 cases in MDOC’s inmate population. Even if this is not the case, the data reported by MDOC shows a clear and dangerous trend: Confirmed COVID-19 cases are rapidly rising in both staff and inmate populations. Because MDOC COVID-19 practices are deficient, as explained further, it is my opinion that cases of COVID-19 infection among both staff
17 See Johns Hopkins University & Medicine, Which U.S. States Meet WHO Recommended Testing Criteria?, JHU Coronavirus Resource Center, available at https://coronavirus.jhu.edu/testing/testing-positivity (“If a positivity rate is too high, that may indicate that the state is only testing the sickest patients who seek medical attention, and is not casting a wide enough net to know how much of the virus is spreading within its communities.”).
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and inmates will continue to rapidly increase absent immediate implementation of measures sufficient to minimally manage and slow the spread of COVID-19.
IV. OBSERVATIONS 20. MDOC’s descriptions of its own COVID-19-related policies and practices18 present
the following additional concerns relating to MDOC’s COVID-19 response. 21. Identification and response to people with COVID-19 symptoms: a. MDOC policies mention screening of staff for signs and symptoms of COVID19 but make no mention of screening for inmates, whether newly arrived or incarcerated before the onset of COVID-19.
b. MDOC policies mention that inmates with respiratory symptoms are being seen in a “timely manner” but fail to note whether this is within 24 hours or not.
22. Implementation of infection control and social distancing: a. MDOC policies mention increased access to cleaning products but fail to state that every person has access to cleaning products, soap, paper towels and other basic elements of infection control.
b. MDOC policies mention that information on social distancing has been distributed, but fail to mention whether social distancing is being implemented in its facilities.
23. Identification and protection of high-risk patients: a. There is no mention in MDOC documents about whether they have adopted the CDC criteria for who is at high risk for serious illness or death from COVID19 infection or whether any special precautions are in place for this group of inmates.19
18 See, e.g., Appendices 2, 3, 4. 19 People Who are at a Higher Risk for Severe Illness, Centers for Disease Control and Prevention, available at https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html (last visited May 22, 2020).
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24. The declarations I have reviewed present the following concerns relating to
MDOC’s COVID-19 response.
25. Identification and response to people with COVID-19 symptoms:
a. Lack of timely response to sick call requests. b. Inmates are unaware of any waiver of the co-pay charge for medical care. c. Prolonged time to symptom identification due to short staffing of security
personnel. d. Lack of response to urgent medical issues due to short staffing of security
personnel. e. Lack of COVID-19 testing of people with multiple signs and symptoms of
infection. f. Lack of use of quarantine for staff and inmates who have contact with people
infected with COVID-19. g. Lack of medical isolation for inmates with known or suspected COVID-19. h. Lack of screening or any active surveillance of COVID-19 in housing areas.
26. Implementation of infection control and social distancing including:
a. Lack of any effort to implement social distancing during pill call, meals, and other congregate situations.
b. Lack of social distancing in sleeping arrangements. c. Lack of soap and towels for hand washing. d. Lack of cleaning supplies for cells and bunkbed living areas, leaving inmates to
rely on black market access. e. Lack of cleaning supplies for common areas. f. Inmates make and launder rags themselves for cleaning. g. Charging inmates for soap. h. Providing soap that damages skin. i. Rationing of toilet paper. j. Lack of use of masks and other PPE by correctional staff and inmates. k. Lack of communication about COVID-19 outbreak.
27. Identification and protection of high-risk patients:
a. Housing high-risk patients with others in general population. b. Patients who are high-risk are not screened for symptoms of COVID-19. c. Lack of social distancing in pill line disproportionately impacts high-risk
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V. FINDINGS 28. In assessing the COVID-19 response in MDOC, I have used the three original
questions stated at the outset of this report for framing.
a. Do MDOC’S current practices detect the number and severity of COVID-19 cases among staff and detainees and respond in a manner consistent with CDC guidelines and other established clinical standards of care?
29. In addition to the testing issues outlined in the previous section, multiple practices appear to be in place at MDOC that would contribute to systematic lack of detection, treatment, and isolation of COVID-19 cases. The lack of testing is currently a bar to effective and timely identification of COVID-19 cases and to effectively slowing the spread of COVID-19.
30. The lack of systematic screening for symptoms of COVID-19 among detainees is the most obvious contributor to this problem. This problem could be remedied by employing COVID-19 symptom and temperature checks for all detainees at least daily, and at a minimum, for all high-risk detainees daily, in a manner consistent with CDC guidance.20
31. The difficulty initiating the sick call process and the length of time it takes to result in an appointment results in people with COVID-19 symptoms not coming to the attention of health staff. The case of Mr. Jamarcus Davis exemplifies these deficiencies. He reports being in an open bay dorm unit with approximately 100 other men when he became ill with cough, fever, and cold sweats. He submitted a sick call slip based on these issues and was not seen for several days. When he was finally seen, he reports that “They checked my temperature and said I had a fever. They asked how I was feeling and I could barely talk because of all the coughing.” He
20 Symptoms of Coronavirus, Centers for Disease Control and Prevention, available at https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html (last visited May 22, 2020).
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reports being prescribed cold medicine and returned to his unit without any COVID-19 or other testing. He reports spending the following days in his bed, in extremely close quarters with others and that “Whatever I had spread like wildfire in the zone” and that “I do not know anyone who went to the infirmary because of this illness or was tested for the flu or for coronavirus, and we all talked about how sick we were.” This reported lack of response to sick call slips submitted for COVID-19 symptoms is consistent across many of the declarations I reviewed.
32. To prevent unnecessary severe illness of a symptomatic patient and unnecessary infection of healthy inmates housed with a symptomatic patient, sick call requests should result in a clinical assessment within 24 hours according to basic correctional health standards of care.21 Currently, MDOC states that its policy is to provide inmates with a face-to-face triage within 24 hours of submitting a sick call slip.22 As discussed in the sections that follow, the declarations I reviewed support that this is not happening.
33. Waiting even 24 hours between reporting of symptoms and evaluation can substantially increase the risk of preventable hospitalization for the patient, particularly if he or she is at-risk according to CDC guidance. This is because coronavirus can cause infections and other complications, which if left untreated, could result in the rapid and irreversible deterioration of health.23 Patients with underlying conditions are at particular risk for organ failure, which for some, could fully manifest over the span of a week.24 One study found that 17% of their subjects developed Acute Respiratory Distress Syndrome shortly after the first onset of COVID-19
21 Ideally, sick call requests regarding coronavirus symptoms should also be copied into a facility tracking tool to better understand the extent and progress of the outbreak. 22 See, e.g., Appendix 3, COVID-19 Q&A, May 21, 2020. 23 See, e.g., Sevim Zaim, et. al, COVID-19 and Multi-Organ Response, Current Problems in Cardiology, Elsevier (Apr. 28, 2020), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7187881/. 24 Id.
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symptoms, and among those, 65% rapidly worsened and died from multiple organ failure.25 As a result, the sick call system of any correctional setting must be supplemented with once-daily screenings of all inmates, particularly those who are at high risk of serious illness or death from COVID-19. This represents a combination of active and passive surveillance for COVID-19 symptoms, relying on the active process of screenings and the passive process of sick call.
34. Waiting even 24 hours between reporting of symptoms and isolation can substantially increase the risk of unnecessarily infecting scores of individuals housed with the symptomatic person. Recent studies show that people infected with coronavirus can spread aerosolized viral particles as they cough, breath, or talk in a 13 foot radius, and that those particles can remain in the air for up to 14 minutes, exposing other people to infection.26 Accordingly, failure to immediately isolate an inmate with symptoms results in the continual exposure of people housed in the same space to the virus. Studies also confirm that people with COVID-19 may be infectious days before symptoms appear, meaning that even by the time they report their symptoms, many more people may already have been infected.27 A rapid response is critical to preventing further spread.
35. For adequate reporting through the sick call process to function as a means of infection prevention, inmates and staff both need to be trained on an ongoing basis as to what the
25 Id. 26 See, e.g., E.J. Mundell, Exhaled ‘aerosols’ spread coronavirus up to 13 feet—and shoes carry the virus, too, Medical Express (April 17, 2020), available at https://medicalxpress.com/news/2020-04-exhaled-aerosols-coronavirusfeetand-virus.html; Knvul Sheikh, Talking Can Generate Coronavirus Droplets That Linger Up to 14 Minutes, NY Times (May 14, 2020), available at https://www.nytimes.com/2020/05/14/health/coronavirus-infections.html. 27 See, e.g., Kelly MacNamara, People with COVID-19 may be infectious days before symptoms: study, Medical Express (April 15, 2020), available at https://medicalxpress.com/news/2020-04-people-covid-infectious-dayssymptoms.html.
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symptoms of COVID-19 are. As discussed in the sections that follow, the declarations I reviewed support that this is not happening.
36. Anyone with more than one COVID-19 symptom and/or sign should be offered testing.
37. Another element to the likely significant undercounting of COVID-19 cases is the ongoing belief that sick call requires a co-pay by inmates. MDOC has stated on their website that the sick call fee for COVID-19 symptoms is waived during the pandemic. In the declarations that I reviewed, inmates consistently reported that they were unaware of any waiver and that the copay remained an ongoing disincentive to reporting COVID-19 symptoms. As Mr. Hatten reported, “Some people would not want to go to medical because of the six dollar sick call charge.” Mr. Lewis reported the same: “A lot of people can’t even afford six dollars. Six dollars is two bars of soap, 5-6 meals; it’s a lot of money.”
38. None of the declarants whose statements I reviewed were aware that the sick call charge had been waived or had heard anything about this change. Because of the difficulties that I have seen arise in trying to parse retroactively whether a sick call request was for a COVID-19related symptom or not, the most effective means I have seen so far to ensure copays do not disincentivize symptom reporting is to waive all medical visit copays during the pandemic. However, this is not required by CDC guidance, so merely informing inmates of the current policy would satisfy the baseline measure.
39. It is apparent that MDOC has significant deficiencies in the care of people who are identified as having COVID-19 symptoms. People who submitted declarations report that when a person became ill with COVID-19 symptoms, they were returned to their original housing area without COVID-19 testing. When quarantine is implemented, it appears that MDOC does not
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follow basic CDC guidelines. Mr. Henderson reported that in his building, an inmate became ill and that housing area was placed in quarantine, with the sick inmate still inside the housing area. He said, “They did not move the inmate from the zone, just quarantined the whole building.” This practice violates basic principles of infection control and CDC guidelines, since a quarantine is meant for people who were in contact with a known or suspected case of COVID-19, and medical isolation is where any known or suspected case should be taken immediately, so as to lower the risk of transmission to others. Ms. Waddell talked about her quarantine, “A couple of weeks ago, an officer opened the door to the zone, yelled that we were quarantined for fourteen days, and shut the door. We weren’t told anything more. Only later did we happen to learn from a guard that another guard who had been on our zone had coronavirus symptoms.” Ms. Waddell continued, “During the fourteen-day quarantine period, we had our temperature checked a total of three times.”
40. In addition to addressing the systematic barriers to meeting its own policy of responding to sick call requests within 24 hours, MDOC must institute an active surveillance program that checks every inmate for signs and symptoms of COVID-19 on a daily basis, especially high-risk inmates. Implementation of this process will actually reduce the need for sick call requests and will increase the access to care for people with COVID-19 and decrease the time that their illness progresses from mild to severe stages.
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b. Do MDOC’S current practices slow the spread of COVID-19 through the facility and between people, both staff and detainees, in a manner consistent with CDC guidelines and other clinical standards of care?
41. The infection control practices in MDOC reveal multiple deficiencies that ignore CDC guidelines for responding to COVID-19 in detention settings.28 A lack of cleaning solution in the housing areas is widely reported in the declarations I reviewed. Mr. Henderson reports, “We do not have enough cleaning supplies from MDOC to clean all of the common areas.” He adds that “Workers use their own rags that we make from our towels to apply the chemicals to clean common surfaces.” Mr. Lewis similarly said the cleaning liquid is “not enough to clean everything in the common areas. We have to clean certain things and not others. We use torn up sheets and towels to apply this [cleaning] liquid.”
42. Even more concerning is the report by multiple people that the lack of access to cleaning supplies has given rise to a black market for these CDC-mandated elements of COVID19 infection control. Mr. Davis reports “It’s possible to buy or trade others for these cleaning supplies, but that is not something many people can afford or want to do. Residents would clean their living spaces if given the opportunity; people are afraid of the coronavirus. They are never enough chemicals to go around to daily sanitize.” Mr. Lewis similarly reported, “I trade food for extra soap, so I can keep my space clean. I’ve traded food, canteen, a towel to get disinfectant. This kind of bartering is not possible for many people. One missed meal would be devastating for some people because they are barely hanging on.” Ms. Waddell said, “If you want to clean your rack area yourself, there are rarely any chemicals available because cleaning chemicals meant for
28 “Prevention” Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, Centers for Disease Control and Prevention, available at https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html#prevention (last visited May 22, 2020).
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the zone are often not used for that purpose; they are instead diverted and sold or traded for profit.” These reports are even more concerning in light of MDOC’s refusal to guarantee that inmates will receive an adequate supply of cleaning materials, and instead simply states that “Additional cleaning has occurred.”29
43. A lack of soap and paper towels to dry hands is also reported in many of these declarations. Mr. Henderson reports that “The only reason I have enough soap to regularly wash my hands and shower is that I have family support, so I’m able to buy additional soap from commissary.” The lack of cleaning chemicals exacerbates the lack of soap. Mr. Lewis reported, “We are not being provided with chemicals to clean these [bunk] areas. I try to clean my bunk area with the Dial soap and water and use a torn sheet or towel to clean.” In addition, the soap is used to clean clothes. Ms. Waddell for example said, “We have to wash our clothes with the same soap they give us to wash our hands and bodies. If you don’t have money from the outside on your books, you would not have enough soap to keep clean from what the state provides. I have family support to buy soap from canteen, but many don’t.”
44. A lack of social distancing in sleeping arrangements, lines for services, day rooms and meals was widely reported in the declarations I reviewed. As Mr. Hatten reported, “When we are in the dayroom having dayroom call or eating, we do not sit with extra space between us and we do not sit six feet apart. No one had told us to do so.” Mr. Lewis similarly said, “There is no such thing as social distancing in this prison. We don’t even hear that word. That is not practiced here. No one tells us we need to stand six feet apart. There is no one practicing social distancing anywhere in the zone or at the ILAP office or anywhere else I’ve seen in the facility.” Mr. Triplett
29 See Appendix 3, COVID-19 Q&A, May 21, 2020.
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agreed, “There are no social distancing efforts being taken in this zone or this facility that I’ve seen. When we go to medical, they pile us in one room. When we see the nurse, there is no social distancing.” Ms. Waddell reported, “There is no way to maintain six feet of distance between us anywhere on the zone. Even if you try to avoid physical contact, there is no way to avoid it. If I try to make it to one side of the zone to the other to go to the bathroom, it’s like trying to get through a herd of cattle to get to the gate. You have to walk sideways through packs of people pushing through. Especially when it is tray time, everyone is trying to get through each other.”
45. There also appears to be little effort to implement wearing of masks inside housing areas, and detainees report ongoing practices of close contact when they are outside their housing areas, often with detainees from other pods. Mr. Davis reported that “Many officers still walk around the zone without a mask or gloves. Some officers who do wear masks only wear them halfway on their face or just around their neck.” Mr. Lewis said, “Officers don’t take this seriously. Some have their mask on, some have it half way on, most don’t wear it at all. They are putting us at risk.” Mr. Triplett reported, “Not many people – whether staff or incarcerated people – wear them [masks] whether they are in the Zone or outside the Zone. When I went to the ILAP office, one of the women did not have a mask on. The Captain visited the Zone on May 11, and he didn’t have a mask on.” Ms. Waddell said, “One of the officers who was quarantined for fourteen days came back to work without her mask on. Residents on the zone asked her to put a mask on and she did not. She continues to not wear a mask when she is on the zone.” MDOC staff appear to have actually prohibited some inmates from wearing the very same masks that were issued to some of them recently. Mr. Ewing reported that “The day after we received the masks, the staff member over our building announced to our zone that we are forbidden to wear the masks in the building because guards cannot identify men on camera if they are wearing a mask.”
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46. These deviations from clear CDC guidelines place staff at risk alongside inmates. Mr. Davis reported “I have never witnessed staff cleaning equipment they share with other staff.” I would expect, as MDOC’s numbers prove, that the infection rate among staff members discussed in the previous section reflect the increased risk to which they are exposed because of MDOC’s lack of attention to basic infection control in its facilities.
c. Do MDOC’S current practices identify and protect high-risk detainees from serious illness and death from COVID-19?
47. It appears that little effort has been made to identify and protect high-risk inmates in the custody of MDOC. Many of the declarations I reviewed were submitted by people who meet CDC criteria for being at high risk of serious illness or death from COVID-19, and none of them were receiving daily or even regular symptom and temperature checks for COVID-19.
48. The lack of any social distancing during pill call is a deficiency that disproportionately harms high-risk patients. Many of the declarations I reviewed mentioned this issue. Mr. Henderson reported that “When the nurse comes for pill call, nobody lines up six feet apart. No one instructed us to do so. We all pile at the door.” Since people receiving medications are more likely to be in the subset of people the CDC identifies as high-risk, they bear an additional risk of exposure to COVID-19 because MDOC does not implement social distancing in this setting. Mr. Holder reports that even in his unit which is heavily concentrated with high-risk patients like himself, “When nurses come on the zone for pill call and insulin call, nobody lines up six feet apart. No one has told us to stand six feet apart.” The lack of social distancing and other precautions also occurs during medical visits. Ms. Waddell reported, “When we are taken to see medical staff, we are brought in large groups by a shuttle van to the reception center and placed in holding tanks together, then taken out of the holding tank one by one to see medical staff. Today, I was held in
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a holding tank for about forty-five minutes with ten other people waiting. The holding tank was about ten feet by ten feet, at the most, with solid walls, a solid door, no window that opens, and no ventilation. One lady in there would not stop coughing. She was taking her mask on and off. Not all of the other residents had their masks on. As I was leaving, more residents were coming from the van to go into that holding tank. The officers working in the reception center were not wearing their masks or were wearing them on their chin.”
49. High-risk patients should be identified using CDC criteria, should be offered testing for COVID-19, and placed into housing areas with increased levels of infection control and twice daily symptom and sign checks. Frequent monitoring and protection of these individuals is necessary because they face a disproportionately high risk of rapid organ damage or failure, blood clots, pneumonia, additional viral and bacterial infections, and other severe COVID-19-related complications which require immediate medical treatment.30
50. Many of the deficiencies and deviations from CDC guidelines in MDOC’s response to COVID-19 appear linked to the lack of staffing. The declarations I reviewed reported that basic security functions do not occur and that extremely dangerous and harmful practices occur because of a lack of staffing. Mr. Davis reported that “Once for two months we were locked in our cells and never let out: no showers, no yard, no dayroom. We washed our bodies out of a sink for two months. It was very difficult. I am terrified that is what they will do to us if we get sick and the guards stop coming to work.” Others reported that this has been a pressing issue during the COVID-19 pandemic. Mr. Roger Ewing reported that “These days, sometimes there are zero
30 See Coronavirus disease 2019 (COVID-19), Symptoms & causes, Mayo Clinic, available at https://www.mayoclinic.org/diseases-conditions/coronavirus/symptoms-causes/syc-20479963 (visited on May 23, 2020).
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officers—none in the tower and none on the zone—for many hours at a time, even for an entire shift, which is twelve hours. When staff are on duty, there is usually only one guard in the tower to oversee all 200 individuals” and added that on weekends and evenings, there is no relief when one guard leaves, meaning that one guard is covering 400 residents. Ms. Waddell similarly reported, “When I was housed in D-Zone, it was not uncommon to have no officers anywhere in the tower or on the zone for entire shifts. A shift is twelve hours.” Mr. Triplett added, “I’ve seen guards stay at work so long, they walk off the job and leave the tower unattended. Some guards have to work two buildings, leaving one building of 200 people unattended for hours at a time.” Even when present, “Some officers cover the windows, so she can’t see us and we can’t see them,” reported Mr. Lewis. Mr. Triplett agreed, “The tower guards frequently paper over the windows, so no one can see in or out. For the night shift, sometimes they will paper over the windows for the whole night.”
51. This lack of staffing or responsive staff renders it impossible for MDOC to meet its basic obligations to respond to medical emergencies and coordinate access to sick call and other health services. Mr. Ewing reported, “I myself have severe asthma attacks that I can die from. Medical staff have directed me to come straight to the clinic as soon as I feel one coming on. I have tried to do as medical staff have directed and failed because no tower officer-no officer at allwas watching the 400 of us. Those times I have had to ride the asthma attack out, barely able to breathe. I’ve been lucky so far.” Mr. Lewis made similar remarks, “We have to set fires, almost knock the door down to get medical attention. It all depends on the tower officer. If she wants to, or is in the right mood, you may or may not get help.” Mr. Lewis continued, “I have seen someone die from a stroke and SMCI did not respond in time. It took them 40 minutes to come, and they took him out dead. After the tower officer made the call, she just sat there and did nothing more.”
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Mr. Triplett told a similar story: “a guy had chest pains, like a heart attack, and we needed to call an officer and get medical attention, but there was no staff present. We had to kick on the door to see if we could get someone walking by on the sidewalk.” Ms. Waddell also reported, “In about April of this year, a pregnant lady’s water broke in the bathroom on D-Zone where I lived. . . . Some other residents pulled the pregnant lady’s bed into the bathroom by the toilet after her water broke because there was no staff to get medical help. It was terrifying. The only way we finally got medical staff to come help her was after all of the about one hundred women on that zone all started screaming as loud as we could and beating on the walls and banging on the windows facing the Shift Command building. Finally, someone heard us. Guard staff came into the building and wheeled her out on a wheelchair.”
52. This lack of staffing and responsive staff also blocks sick call access. Mr. Henderson reported, “To fill out a sick call slip, a tower officer has to be present. I have to ask him or her to give me a sick call slip. If they give me one, I fill it out. I may have to wait a day to be able to submit it.” At times, there is no way to submit a sick call form because the forms ran out. Mr. Lewis reported, “A lot of times, especially during cold and flu season, they won’t have any sick call slips. There are no sick calls in the tower now, as I say this, May 7, 2020, because I tried to get one this morning.”
53. The lack of staffing also blocks the Department’s ability to implement basic CDC guidelines for responding to COVID-19. Specifically, the lack of staffing makes distribution and use of cleaning supplies impossible, as well as distribution of soap, hand sanitizer and paper towels. It also leaves the facilities without sufficient staff to create quarantine and medical isolation units once people become ill, which are necessary approaches clearly detailed by the CDC.
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VI. CONCLUSION: MDOC’S RESPONSE TO COVID-19 AT CMCF AND SMCI IS DEFICIENT. 54. My preliminary assessment of the COVID-19 response by MDOC is that the
Department has failed to enact basic CDC guidelines aimed at preventing the spread of COVID19 and protecting staff and detained people from serious illness and death. The lack of adequate staffing in MDOC facilities has created a dangerous inability of MDOC to effectively implement COVID-19 prevention and management protocols consistent with established standards of care for infection control and CDC guidelines; these implementation gaps are highly likely to result in preventable loss of life among staff and inmates. The failures of MDOC’s COVID-19 response fall into the following categories:
a. Failure to detect the number and severity of COVID-19 cases among staff and detainees and respond in a manner consistent with established standards of care for infection control and CDC guidelines.
b. Failure to slow the spread of COVID-19 through the facility and between people, both staff and detainees, in a manner consistent with established standards of care for infection control and CDC guidelines.
c. Failure to identify and protect high-risk detainees from serious illness and death from COVID-19.
55. In addition to increasing the risk of preventable illness and death from COVID-19, these deficiencies create an imminent risk that more hospitalizations occur as patients become ill without early intervention, which can swiftly overwhelm local hospitals already struggling to care for COVID-19 patients.31
31 See, e.g., Chuck Goudie et al., Illinois prisoners sick with COVID-19 "overwhelm" Joliet hospital, ABC 7 (Mar. 30, 2020), available at https://abc7chicago.com/health/illinois-prisoners-sick-with-covid-19-overwhelm-joliethospital/6064085/.
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Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 26 of 60 Executed this 24th day in May 2020 in Port Washington, New York:

Homer Venters MD, MS

Appendix 1: Appendix 2:
Appendix 3: Appendix 4:

TABLE OF APPENDICES
Curriculum Vitae of Homer Venters (May 22, 2020)
COVID-19 Information and updates, MDOC (May 18, 2020) COVID-19 Questions and Answers, MDOC (May 18, 2020) COVID-19 Confirmed Inmate Cases, MDOC (May 18, 2020)
COVID-19 Questions and Answers, MDOC (May 21, 2020)
COVID-19 Questions and Answers, MDOC (May 22, 2020)

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APPENDIX 1

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Dr. Homer D. Venters
10 ½ Jefferson St., Port Washington, NY, 11050 hventers@gmail.com, Phone: 646-734-5994

______________________________________________________ __

HEALTH ADMINISTRATOR

PHYSICIAN

EPIDEMIOLO GIS T

Professional Profile
 International leader in provision and improvement of health services to patients with criminal justice involvement.
 Innovator in linking care of the incarcerated to Medicaid, health homes, DSRIPs.  Successful implementer of nations’ first electronic health record, performance
dashboards and health information exchange among pre-trial patients.  Award winning epidemiologist focused on the intersection of health, criminal justice
and human rights in the United States and developing nations.  Human rights leader with experience using forensic science, epidemiology and public
health methods to prevent and document human rights abuses.

Professional Experience
Medical/Forensic Expert, 3/2016-present o Review COVID-19 policies and procedures in detention settings. o Conduct analysis of health services and outcomes in detention settings. o Conduct site inspections and evaluations in detention settings. o Produce expert reports, testimony regarding detention settings.
President, Community Oriented Correctional Health Services (COCHS), 1/1/20204/30/20. o Lead COCHS efforts to provide technical assistance, policy guidance and research
regarding correctional health and justice reform. o Oversee operations and programmatic development of COCHS o Serve as primary liaison between COCHS board, funders, staff and partners.
Senior Health and Justice Fellow, Community Oriented Correctional Health Services (COCHS), 12/1/18-12/31/2018 o Lead COCHS efforts to expand Medicaid waivers for funding of care for detained
persons relating to Substance Use and Hepatitis C. o Develop and implement COCHS strategy for promoting non-profit models of
diversion and correctional health care.

Director of Programs, Physicians for Human Rights, 3/16-11/18. o Lead medical forensic documentation efforts of mass crimes against Rohingya and
Yazidi people. o Initiate vicarious trauma program. o Expand forensic documentation of mass killings and war crimes. o Develop and support sexual violence capacity development with physicians, nurses
and judges.

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o Expand documentation of attacks against health staff and facilities in Syria and Yemen.
Chief Medical Officer/Assistant Vice President, Correctional Health Services, NYC Health and Hospitals Corporation 8/15-3/17.
o Transitioned entire clinical service (1,400 staff) from a for-profit staffing company model to a new division within NYC H + H.
o Developed new models of mental health and substance abuse care that significantly lowered morbidity and other adverse events.
o Connected patients to local health systems, DSRIP and health homes using approximately $5 million in external funding (grants available on request).
o Reduced overall mortality in the nation’s second largest jail system. o Increased operating budget from $140 million to $160 million. o Implemented nation’s first patient experience, provider engagement and racial
disparities programs for correctional health.
Assistant Commissioner, Correctional Health Services, New York Department of Health and Mental Hygiene, 6/11-8/15.
o Implemented nation’s first electronic medical record and health information exchange for 1,400 staff and 75,000 patients in a jail.
o Developed bilateral agreements and programs with local health homes to identify incarcerated patients and coordinate care.
o Increased operating budget of health service from $115 million to $140 million. o Established surveillance systems for injuries, sexual assault and mental health that
drove new program development and received American Public Health Association Paper of the Year 2014. o Personally care for and reported on over 100 patients injured during violent encounters with jail security staff.
Medical Director, Correctional Health Services, New York Department of Health and Mental Hygiene, 1/10-6/11.
o Directed all aspects of medical care for 75,000 patients annually in 12 jails, including specialty, dental, primary care and emergency response.
o Direct all aspects of response to infectious outbreaks of H1N1, Legionella, Clostridium Difficile.
o Developed new protocols to identify and report on injuries and sexual assault among patients.
De puty Me dical Dire ctor, Correctional Health Services, New York Department of Health and Mental Hygiene, 11/08-12/09.
o Developed training program with Montefiore Social internal medicine residency program.
o Directed and delivered health services in 2 jails.
Clinical Attending Physician, Bellevue/NYU Clinic for Survivors of Torture, 10/0712/11.

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Clinical Attending Physician, Montefiore Medical Center Bronx NY, Adult Medicine, 1/08-11/09.
Education and Training
Fellow, Public Health Research, New York University 2007-2009. MS 6/2009 Projects: Health care for detained immigrants, Health Status of African immigrants in NYC. Resident, Social Internal Medicine , Montefiore Medical Center/Albert Einstein
University7/2004- 5/2007. M.D., University of Illinois, Urbana, 12/2003. M.S. Biology, University of Illinois, Urbana, 6/03. B.A. International Relations, Tufts University, Medford, MA, 1989.
Academic Appointments, Licensure
Clinical Associate Professor, New York University College of Global Public Health, 5/18-present.
Clinical Instructor, New York University Langone School of Medicine, 2007-2018.
M.D. New York (2007-present).
Media
TV i24 Crossroads re Suicide in U.S. Jails 8/13/19.
i24 Crossroads re re Life and Death in Rikers Island 6/13/19.
Amanpour & Company, NPR/PBS re Life and Death in Rikers Island 4/15/19.
CNN, Christiane Amanpour re Forensic documentation of mass crimes against Rohingya. 7/11/18.
i24 Crossroads with David Shuster re health crisis among refugees in Syria. 7/6/18.
Canadian Broadcasting Corporation TV with Sylvie Fournier (in French) re crowd control weapons. 5/10/18
i24 Crossroads with David Shuster re Cholera outbreak in Yemen. 2/15/18.
China TV re WHO guidelines on HIV medication access 9/22/17.
Radio/Podcast Morning Edition, NPR re Health Risks of Criminal Justice System. 8/9/19.
Fresh Air with Terry Gross, NPR re Life and Death in Rikers Island, 3/6/19.

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Morning Edition, NPR re Life and Death in Rikers Island, 2/22/19.
LeShow with Harry Sherer re forensic documentation of mass crimes in Myanmar, Syria, Iraq. 4/17/18.
Print articles and public testimony Oped: Four ways to protect our jails and prisons from coronavirus. The Hill 2/29/20.
Oped: It’s Time to Eliminate the Drunk Tank. The Hill 1/28/20.
Oped: With Kathy Morse. A Visit with my Incarcerated Mother. The Hill 9/24/19.
Oped: With Five Omar Muallim-Ak. The Truth about Suicide Behind Bars is Knowable. The Hill 8/13/19.
Oped: With Katherine McKenzie. Policymakers, provide adequate health care in prisons and detention centers. CNN Opinion, 7/18/19. Oped: Getting serious about preventable deaths and injuries behind bars. The Hill, 7/5/19.
Testimony: Access to Medication Assisted Treatment in Prisons and Jails, New York State Assembly Committee on Alcoholism and Drug Abuse, Assembly Committee on Health, and Assembly Committee on Correction. NY, NY, 11/14/18.
Oped: Attacks in Syria and Yemen are turning disease into a weapon of war, STAT News, 7/7/17.
Testimony: Connecticut Advisory Committee to the U.S. Commission on Civil Rights: Regarding the use of solitary confinement for prisoners. Hartford CT, 2/3/17.
Testimony: Venters HD, New York Advisory Committee to the U.S. Commission on Civil Rights: Regarding the use of solitary confinement for juveniles in New York. July 10, 2014. NY NY.
Testimony: New York State Assembly Committee on Correction with the Committee on Mental Health: Regarding Mental Illness in Correctional Settings. November 13, 2014. Albany NY. Testimony: New York State Assembly Committee on Correction with the Committee on Mental Health: Regarding Mental Illness in Correctional Settings. November 13, 2014. Albany NY.
Oped: Venters HD and Keller AS, The Health of Immigrant Detainees. Boston Globe, April 11, 2009.
Testimony: U.S. House of Representatives, House Judiciary Committee’s Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law: Hearing on Problems with Immigration Detainee Medical Care, June 4, 2008.

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Peer Reviewed Publications
Parmar PK, Leigh J, Venters H, Nelson T. Violence and mortality in the Northern Rakhine State of Myanmar, 2017: results of a quantitative survey of surviving community leaders in Bangladesh. Lancet Planet Health. 2019 Mar;3(3):e144-e153.
Venters H. Notions from Kavanaugh hearings contradict medical facts. Lancet. 10/5/18.
Taylor GP, Castro I, Rebergen C, Rycroft M, Nuwayhid I, Rubenstein L, Tarakji A, Modirzadeh N, Venters H, Jabbour S. Protecting health care in armed conflict: action towards accountability. Lancet. 4/14/18.
Katyal M, Leibowitz R, Venters H. IGRA-Based Screening for Latent Tuberculosis Infection in Persons Newly Incarcerated in New York City Jails. J Correct Health Care. 2018 4/18.
Harocopos A, Allen B, Glowa-Kollisch S, Venters H, Paone D, Macdonald R. The Rikers Island Hot Spotters: Exploring the Needs of the Most Frequently Incarcerated. J Health Care Poor Underserved. 4/28/17.
MacDonald R, Akiyama MJ, Kopolow A, Rosner Z, McGahee W, Joseph R, Jaffer M, Venters H. Feasibility of Treating Hepatitis C in a Transient Jail Population. Open Forum Infect Dis. 7/7/18.
Siegler A, Kaba F, MacDonald R, Venters H. Head Trauma in Jail and Implications for Chronic Traumatic Encephalopathy. J Health Care Poor and Underserved. In Press (May 2017).
Ford E, Kim S, Venters H. Sexual abuse and injury during incarceration reveal the need for reentry trauma screening. Lancet. 4/8/18.
Alex B, Weiss DB, Kaba F, Rosner Z, Lee D, Lim S, Venters H, MacDonald R. Death After Jail Release. J Correct Health Care. 1/17.
Akiyama MJ, Kaba F, Rosner Z, Alper H, Kopolow A, Litwin AH, Venters H, MacDonald R. Correlates of Hepatitis C Virus Infection in the Targeted Testing Program of the New York City Jail System. Public Health Rep. 1/17.
Kalra R, Kollisch SG, MacDonald R, Dickey N, Rosner Z, Venters H. Staff Satisfaction, Ethical Concerns, and Burnout in the New York City Jail Health System. J Correct Health Care. 2016 Oct;22(4):383-392.
Venters H. A Three-Dimensional Action Plan to Raise the Quality of Care of US Correctional Health and Promote Alternatives to Incarceration. Am J Public Health. April 2016.104.
Glowa-Kollisch S, Kaba F, Waters A, Leung YJ, Ford E, Venters H. From Punishment to Treatment: The “Clinical Alternative to Punitive Segregation” (CAPS) Program in New York City Jails. Int J Env Res Public Health. 2016. 13(2),182.
Jaffer M, Ayad J, Tungol JG, MacDonald R, Dickey N, Venters H. Improving Transgender Healthcare in the New York City Correctional System. LGBT Health. 2016 1/8/16.

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Granski M, Keller A, Venters H. Death Rates among Detained Immigrants in the United States. Int J Env Res Public Health. 2015. 11/10/15.
Michelle Martelle, Benjamin Farber, Richard Stazesky, Nathaniel Dickey, Amanda Parsons, Homer Venters. Meaningful Use of an Electronic Health Record in the NYC Jail System. Am J Public Health. 2015. 8/12/15.
Fatos Kaba, Angela Solimo, Jasmine Graves, Sarah Glowa-Kollisch, Allison Vise, Ross MacDonald, Anthony Waters, Zachary Rosner, Nathaniel Dickey, Sonia Angell, Homer Venters. Disparities in Mental Health Referral and Diagnosis in the NYC Jail Mental Health Service. Am J Public Health. 2015. 8/12/15.
Ross MacDonald, Fatos Kaba, Zachary Rosner, Alison Vise, Michelle Skerker, David Weiss, Michelle Brittner, Nathaniel Dickey, Homer Venters. The Rikers Island Hot Spotters. Am J Public Health. 2015. 9/17/15.
Selling Molly Skerker, Nathaniel Dickey, Dana Schonberg, Ross MacDonald, Homer Venters. Improving Antenatal Care for Incarcerated Women: fulfilling the promise of the Sustainable Development Goals. Bulletin of the World Health Organization.2015.
Jasmine Graves, Jessica Steele, Fatos Kaba, Cassandra Ramdath, Zachary Rosner, Ross MacDonald, Nathanial Dickey, Homer Venters. Traumatic Brain Injury and Structural Violence among Adolescent males in the NYC Jail System J Health Care Poor Underserved. 2015;26(2):345-57.
Glowa-Kollisch S, Graves J, Dickey N, MacDonald R, Rosner Z, Waters A, Venters H. DataDriven Human Rights: Using Dual Loyalty Trainings to Promote the Care of Vulnerable Patients in Jail. Health and Human Rights. Online ahead of print, 3/12/15.
Teixeira PA1, Jordan AO, Zaller N, Shah D, Venters H. Health Outcomes for HIV-Infected Persons Released From the New York City Jail System With a Transitional Care-Coordination Plan. 2014. Am J Public Health. 2014 Dec 18.
Selling D, Lee D, Solimo A, Venters H. A Road Not Taken: Substance Abuse Programming in the New York City Jail System. J Correct Health Care. 2014 Nov 17.
Glowa-Kollisch S, Lim S, Summers C, Cohen L, Selling D, Venters H. Beyond the Bridge: Evaluating a Novel Mental Health Program in the New York City Jail System. Am J Public Health. 2014 Sep 11.
Glowa-Kollisch S, Andrade K, Stazesky R, Teixeira P, Kaba F, MacDonald R, Rosner Z, Selling D, Parsons A, Venters H. Data-Driven Human Rights: Using the Electronic Health Record to Promote Human Rights in Jail. Health and Human Rights. 2014. Vol 16 (1): 157-165.
MacDonald R, Rosner Z, Venters H. Case series of exercise-induced rhabdomyolysis in the New York City Jail System. Am J Emerg Med. 2014. Vol 32(5): 446-7.
Bechelli M, Caudy M, Gardner T, Huber A, Mancuso D, Samuels P, Shah T, Venters H. Case Studies from Three States: Breaking Down Silos Between Health Care and Criminal Justice. Health Affairs. 2014. Vol. 3. 33(3):474-81.

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Selling D, Solimo A, Lee D, Horne K, Panove E, Venters H. Surveillance of suicidal and nonsuicidal self-injury in the new York city jail system. J Correct Health Care. 2014. Apr:20(2).
Kaba F, Diamond P, Haque A, MacDonald R, Venters H. Traumatic Brain Injury Among Newly Admitted Adolescents in the New York City Jail System. J Adolesc Health. 2014. Vol 54(5): 6157.
Monga P, Keller A, Venters H. Prevention and Punishment: Barriers to accessing health services for undocumented immigrants in the United States. LAWS. 2014. 3(1).
Kaba F, Lewsi A, Glowa-Kollisch S, Hadler J, Lee D, Alper H, Selling D, MacDonald R, Solimo A, Parsons A, Venters H. Solitary Confinement and Risk of Self-Harm Among Jail Inmates. Amer J Public Health. 2014. Vol 104(3):442-7.
MacDonald R, Parsons A, Venters H. The Triple Aims of Correctional Health: Patient safety, Population Health and Human Rights. Journal of Health Care for the Poor and Underserved. 2013. 24(3).
Parvez FM, Katyal M, Alper H, Leibowitz R, Venters H. Female sex workers incarcerated in New York City jails: prevalence of sexually transmitted infections and associated risk behaviors. Sexually Transmitted Infections. 89:280-284. 2013.
Brittain J, Axelrod G, Venters H. Deaths in New York City Jails: 2001 – 2009. Am J Public Health. 2013 103:4.
Jordan AO, Cohen LR, Harriman G, Teixeira PA, Cruzado-Quinones J, Venters H. Transitional Care Coordination in New York City Jails: Facilitating Linkages to Care for People with HIV Returning Home from Rikers Island. AIDS Behav. Nov. 2012.
Jaffer M, Kimura C, Venters H. Improving medical care for patients with HIV in New York City jails. J Correct Health Care. 2012 Jul;18(3):246-50.
Ludwig A, Parsons, A, Cohen, L, Venters H. Injury Surveillance in the NYC Jail System, Am J Public Health 2012 Jun;102(6).
Venters H, Keller, AS. Psychiatric Services. (2012) Diversion of Mentally Ill Patients from Court-ordered care to Immigration Detention. Epub. 4/2012.
Venters H, Gany, F. Journal of Immigrant and Minority Health (2011) Mental Health Concerns Among African Immigrants. 13(4): 795-7.
Venters H, Foote M, Keller AS. Journal of Immigrant and Minority Health. (2010) Medical Advocacy on Behalf of Detained Immigrants. 13(3): 625-8.
Venters H, McNeely J, Keller AS. Health and Human Rights. (2010) HIV Screening and Care for Immigration Detainees. 11(2) 91-102.
Venters H, Keller AS. Journal of Health Care for the Poor and Underserved. (2009) The Immigration Detention Health Plan: An Acute Care Model for a Chronic Care Population. 20:951-957.

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Venters H, Gany, F. Journal of Immigrant and Minority Health (2009) African Immigrant Health. 4/4/09.
Venters H, Dasch-Goldberg D, Rasmussen A, Keller AS, Human Rights Quarterly (2009) Into the Abyss: Mortality and Morbidity among Detained Immigrant. 31 (2) 474-491.
Venters H, The Lancet (2008) Who is Jack Bauer? 372 (9653).
Venters H, Lainer-Vos J, Razvi A, Crawford J, Shaf’on Venable P, Drucker EM, Am J Public Health (2008) Bringing Health Care Advocacy to a Public Defender’s Office. 98 (11).
Venters H, Razvi AM, Tobia MS, Drucker E. Harm Reduct J. (2006) The case of Scott Ortiz: a clash between criminal justice and public health. Harm Reduct J. 3:21
Cloez-Tayarani I, Petit-Bertron AF, Venters HD, Cavaillon JM (2003) Internat. Immunol. Differential effect of serotonin on cytokine production in lipopolysaccharide-stimulated human peripheral blood mononuclear cells.15,1-8.
Strle K, Zhou JH, Broussard SR, Venters HD, Johnson RW, Freund GG, Dantzer R, Kelley KW, (2002) J. Neuroimmunol. IL-10 promotes survival of microglia without activating Akt. 122, 9-19.
Venters HD, Broussard SR, Zhou JH, Bluthe RM, Freund GG, Johnson RW, Dantzer R, Kelley KW, (2001) J. Neuroimmunol. Tumor necrosis factor(alpha) and insulin-like growth factor-I in the brain: is the whole greater than the sum of its parts? 119, 151-65.
Venters HD, Dantzer R, Kelley KW, (2000) Ann. N. Y. Acad. Sci. Tumor necrosis factor-alpha induces neuronal death by silencing survival signals generated by the type I insulin-like growth factor receptor. 917, 210-20.
Venters HD, Dantzer R, Kelley KW, (2000) Trends. Neurosci. A new concept in neurodegeneration: TNFalpha is a silencer of survival signals. 23, 175-80.
Venters HD, Tang Q, Liu Q, VanHoy RW, Dantzer R, Kelley KW, (1999) Proc. Natl. Acad. Sci. USA. A new mechanism of neurodegeneration: A proinflammatory cytokine inhibits receptor signaling by a survival peptide, 96, 9879-9884.
Venters HD, Ala TA, Frey WH 2nd , (1998) Inhibition of antagonist binding to human brain muscarinic receptor by vanadium compounds. Recept. Signal. Transduct. 7, 137-142.
Venters HD, Tang Q, Liu Q, VanHoy RW, Dantzer R, Kelley KW, (1999) Proc. Natl. Acad. Sci. USA. A new mechanism of neurodegeneration: A proinflammatory cytokine inhibits receptor signaling by a survival peptide, 96, 9879-9884.
Venters HD, Ala TA, Frey WH 2nd , (1998) Inhibition of antagonist binding to human brain muscarinic receptor by vanadium compounds. Recept. Signal. Transduct. 7, 137-142.
Venters HD, Bonilla LE, Jensen T, Garner HP, Bordayo EZ, Najarian MM, Ala TA, Mason RP, Frey WH 2nd, (1997) Heme from Alzheimer's brain inhibits muscarinic receptor binding via thiyl radical generation. Brain. Res. 764, 93-100.

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Kjome JR, Swenson KA, Johnson MN, Bordayo EZ, Anderson LE, Klevan LC, Fraticelli AI, Aldrich SL, Fawcett JR, Venters HD, Ala TA, Frey WH 2nd (1997) Inhibition of antagonist and agonist binding to the human brain muscarinic receptor by arachidonic acid. J. Mol. Neurosci. 10, 209-217.
Honors and Presentations (past 10 years)
Keynote Address, Academic Correctional Health Conference, April 2020, Chapel Hill, North Carolina.
TedMed Presentation, Correctional Health, Boston MA, March 2020.
Finalist, Prose Award for Literature, Social Sciences category for Life and Death in Rikers Island, February, 2020.
Keynote Address, John Howard Association Annual Benefit, November 2019, Chicago IL.
Keynote Address, Kentucky Data Forum, Foundation for a Healthy Kentucky, November 2019, Cincinnati Ohio.
Oral Presentation, Dual loyalty and other human rights concerns for physicians in jails an prisons. Association of Correctional Physicians, Annual meeting. 10/16, Las Vegas.
Oral Presentation, Clinical Alternatives to Punitive Segregation: Reducing self-harm for incarcerated patients with mental illness. American Public Health Association Annual Meeting, November 2015, Chicago IL.
Oral Presentation, Analysis of Deaths in ICE Custody over 10 Years . American Public Health Association Annual Meeting, November 2015, Chicago IL.
Oral Presentation, Medication Assisted Therapies for Opioid Dependence in the New York City Jail System. American Public Health Association Annual Meeting, November 2015, Chicago IL.
Oral Presentation, Pathologizing Normal Human Behavior: Violence and Solitary Confinement in an Urban Jail. American Public Health Association Annual Meeting, November 2014, New Orleans, LA.
Training, International Committee of the Red Cross and Red Crescent, Medical Director meeting 10/15, Presentation on Human Rights and dual loyalty in correctional health.
Paper of the Year, American Public Health Association. 2014. (Kaba F, Lewis A, GlowaKollisch S, Hadler J, Lee D, Alper H, Selling D, MacDonald R, Solimo A, Parsons A, Venters H. Solitary Confinement and Risk of Self-Harm Among Jail Inmates. Amer J Public Health. 2014. Vol 104(3):442-7.)
Oral Presentation, Pathologizing Normal Human Behavior: Violence and Solitary Confinement in an Urban Jail. American Public Health Association Annual Meeting, New Orleans LA, 2014.
Oral Presentation, Human rights at Rikers: Dual loyalty among jail health staff. American Public Health Association Annual Meeting, New Orleans LA, 2014.
Poster Presentation, Mental Health Training for Immigration Judges. American Public Health

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Association Annual Meeting, New Orleans LA, 2014.
Distinguished Service Award; Managerial Excellence. Division of Health Care Access and Improvement, NYC DOHMH. 2013.
Oral Presentation, Solitary confinement in the ICE detention system. American Public Health Association Annual Meeting, Boston MA, 2013.
Oral Presentation, Self-harm and solitary confinement in the NYC jail system. American Public Health Association Annual Meeting, Boston MA, 2013.
Oral Presentation, Implementing a human rights practice of medicine inside New York City jails. American Public Health Association Annual Meeting, Boston MA, 2013.
Poster Presentation, Human Rights on Rikers: integrating a human rights-based framework for healthcare into NYC’s jail system. American Public Health Association Annual Meeting, Boston MA, 2013.
Poster Presentation, Improving correctional health care: health information exchange and the affordable care act. American Public Health Association Annual Meeting, Boston MA, 2013.
Oral Presentation, Management of Infectious Disease Outbreaks in a Large Jail System. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Diversion of Patients from Court Ordered Mental Health Treatment to Immigration Detention. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Initiation of Antiretroviral Therapy for Newly Diagnosed HIV Patients in the NYC Jail System. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Medical Case Management in Jail Mental Health Units. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Injury Surveillance in New York City Jails. American Public Health Association Annual Meeting, Washington DC, 2011.
Oral Presentation, Ensuring Adequate Medical Care for Detained Immigrants. Venters H, Keller A, American Public Health Association Annual Meeting, Denver, CO, 2010.
Oral Presentation, HIV Testing in NYC Correctional Facilities. Venters H and Jaffer M, American Public Health Association, Annual Meeting, Denver, CO, 2010.
Oral Presentation, Medical Concerns for Detained Immigrants. Venters H, Keller A, American Public Health Association Annual Meeting, Philadelphia, PA, November 2009.
Oral Presentation, Growth of Immigration Detention Around the Globe. Venters H, Keller A, American Public Health Association Annual Meeting, Philadelphia, PA, November 2009.
Oral Presentation, Role of Hospital Ethics Boards in the Care of Immigration Detainees. Venters H, Keller A, American Public Health Association Annual Meeting, Philadelphia, PA,

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November 2009.
Oral Presentation, Health Law and Immigration Detainees. Venters H, Keller A, American Public Health Association Annual Meeting, Philadelphia, PA, November 2009.
Bro Bono Advocacy Award, Advocacy on behalf of detained immigrants. Legal Aid Society of New York, October 2009.
Oral Presentation, Deaths of immigrants detained by Immigration and Customs Enforcement. Venters H, Rasmussen A, Keller A, American Public Health Association Annual Meeting, San Diego CA, October 2008.
Poster Presentation, Death of a detained immigrant with AIDS after withholding of prophylactic Dapsone. Venters H, Rasmussen A, Keller A, Society of General Internal Medicine Annual Meeting, Pittsburgh PA, April 2008.
Poster Presentation, Tuberculosis screening among immigrants in New York City reveals higher rates of positive tuberculosis tests and less health insurance among African immigrants. Society of General Internal Medicine Annual Meeting, Pittsburgh PA, April 2008.
Daniel Leicht Award for Achievement in Social Medicine, Montefiore Medical Center, Department of Family and Social Medicine, 2007.
Poster Presentation, Case Findings of Recent Arestees. Venters H, Deluca J, Drucker E. Society of General Internal Medicine Annual Meeting, Toronto Canada, April 2007.
Poster Presentation, Bringing Primary Care to Legal Aid in the Bronx. Venters H, Deluca J, Drucker E. Society of General Internal Medicine Annual Meeting, Los Angeles CA, April 2006.
Poster Presentation, A Missed Opportunity, Diagnosing Multiple Myeloma in the Elderly Hospital Patient. Venters H, Green E., Society of General Internal Medicine Annual Meeting, New Orleans LA, April 2005.
Grants: Program
San Diego County: Review of jail best practices (COCHS), 1/2020, $90,000.
Ryan White Part A - Prison Release Services (PRS). From HHS/HRSA to Correctional Health Services (NYC DOHMH), 3/1/16-2/28/17 (Renewed since 2007). Annual budget $ 2.7 million.
Ryan White Part A - Early Intervention Services- Priority Population Testing. From HHS/HRSA to Correctional Health Services (NYC DOHMH), 3/1/16-2/28/18 (Renewed since 2013). Annual budget $250,000.
Comprehensive HIV Prevention. From HHS to Correctional Health Services (NYC DOHMH), 1/1/1612/31/16. Annual budget $500,000.
HIV/AIDS Initiative for Minority Men. From HHS Offic e of Minority Health to Correctional Health Services (NYC DOHMH), 9/30/14-8/31/17. Annual budget $375,000.

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SPNS Workforce Initiative, From HRSA SPNS to Correctional Health Services (NYC DOHMH), 8/1/147/31/18. Annual budget $280,000.
SPNS Culturally Appropriate Interventions. From HRSA SPNS to Correctional Health Services (NYC DOHMH), 9/1/13-8/31/18. Annual budget $290,000.
Residential substance abuse treatment. From New York State Division of Criminal Justice Services to Correctional Health Services (NYC DOHMH), 1/1/11-12/31/17. Annual budget $175,000.
Community Action for Pre-Natal Care (CAPC). From NY State Department of Health AIDS Institute to Correctional Health Services (NYC DOHMH), 1/1/05-12/31/10. Annual budget $290,000.
Point of Service Testing. From MAC/AIDS, Elton John and Robin Hood Foundations to Correctional Health Services (NYC DOHMH), 11/1/09-10/31/12. Annual budget $100,000.
Mental Health Collaboration Grant. From USDOJ to Correctional Health Services (NYC DOHMH), 1/1/11-9/30/13. Annual budget $250,000.
Teaching
Instructor, Health in Prisons Course, Bloomberg School of Public Health, Johns Hopkins University, June 2015, June 2014, April 2019.
Instructor, Albert Einstein College of Medicine/Montefiore Social Medicine Program Yearly lectures on Data-driven human rights, 2007-present.
Other Health & Human Rights Activities
DIGNITY Danish Institute Against Torture , Symposium with Egyptian correctional health staff regarding dual loyalty and data-driven human rights. Cairo Egypt, September 20-23, 2014.
Doctors of the World, Physician evaluating survivors of torture, writing affidavits for asylum hearings, with testimony as needed, 7/05-11/18.
United States Peace Corps, Guinea Worm Educator, Togo West Africa, June 1990- December 1991.
-Primary Project; Draconculiasis Eradication. Activities included assessing levels of infection in 8 rural villages and giving prevention presentations to mothers in Ewe and French -Secondary Project; Malaria Prevention.
Books
Venters H. Life and Death in Rikers Island. Johns Hopkins University Press. 2/19.
Chapters in Books
Venters H. Mythbusting Solitary Confinement in Jail. In Solitary Confinement Effects, Practices, and Pathways toward Reform. Oxford University Press, 2020.

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MacDonald R. and Venters H. Correctional Health and Decarceration. In Decarceration. Ernest Drucker, New Press, 2017.

Membership in Professional Organizations
American Public Health Association

Fre nch Ewe

Foreign Language Proficiency
Proficient Conversant

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14
Prior Testimony and Deposition
Benjamin v. Horn, 75 Civ. 3073 (HB) (S.D.N.Y.) as expert for defendants, 2015 Rodgers v. Martin 2:16-cv-00216 (U.S.D.C. N.D.Tx) as expert for plaintiffs, 10/19/17 Fikes v. Abernathy, 2017 7:16-cv-00843-LSC (U.S.D.C. N.D.AL) as expert for plaintiffs 10/30/17. Fernandez v. City of New York, 17-CV-02431 (GHW)(SN) (S.D.NY) as defendant in role as City Employee 4/10/18. Charleston v. Corizon Health INC, 17-3039 (U.S.D.C. E.D. PA) as expert for plaintiffs 4/20/18. Gambler v. Santa Fe County, 1:17-cv-00617 (WJ/KK) as expert for plaintiffs 7/23/18. Hammonds v. Dekalb County AL, CASE NO.: 4:16-cv-01558-KOB as expert for plaintiffs 11/30/2018. Mathiason v. Rio Arriba County NM, No. D-117-CV-2007-00054, as expert for plaintiff 2/7/19. Hutchinson v. Bates et. al. AL, No. 2:17-CV-00185-WKW- GMB, as expert for plaintiff 3/27/19. Lewis v. East Baton Rouge Parish Prison LA, No. 3:16-CV-352-JWD-RLB, as expert for plaintiff 6/24/19. Belcher v. Lopinto, No. 2:2018cv07368 - Document 36 (E.D. La. 2019) as expert for plaintiffs 12/5/2019. Imoerati v. Semple, U.S. District Court, CT. No 3:18cv01847 (RNC), on behalf of plaintiffs, 3/11/20.
Fee Schedule
Case review, reports, testimony $500/hour. Site visits and other travel, $2,500 per day (not including travel costs).

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 42 of 60
APPENDIX 2

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 43 of 60

COVID-19 Information and Updates

5/18/20, 5)56 PM

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COVID-19 INFORMATION AND UPDATES

In response to developments with COVID-19, the Mississippi Department of Corrections will continue to take action to protect staff, inmates, and the public. The MDOC is committed to ensuring inmates' rights, safety, and health are safeguarded through this process. The department is in constant communications with the Office of the Governor, the Mississippi Department of Health, the Mississippi Emergency Management Agency (MEMA), and other authorities.
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COVID-19 Information and Updates

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(/News/PressReleases/Inmates%20Working%20with%20MPIC%20Fight%20Against%20CO VID-19.pdf) Inmates Working with MPIC Fight Against COVID-19​ (/News/PressReleases/Inmates%20Working%20with%20MPIC%20Fight%20Against%20COVID-19.pdf) ​ (/News/PressReleases/Inmates%20Working%20with%20MPIC%20Fight%20Against%20COVID-19.pdf) April 27 (/News/PressReleases/MDOC%20COVID-19%20Update.pdf) MDOC COVID-19 Update ​ (/News/PressReleases/MDOC%20COVID-19%20Update.pdf) April 16 (/News/PressReleases/MDOC%20Update%20on%20Its%20COVID19%20Response.pdf) MDOC Update on its COVID-19 Response (/News/PressReleases/MDOC%20Update%20on%20Its%20COVID-19%20Response.pdf)

April 13 MDOC Con!rms One COVID-19 Case Among Inmates​ (/News/PressReleases/MDOC%20Con!rms%20One%20COVID-19%20Case.pdf)

April 1 (/News/PressReleases/People%20on%20Supervision%20to%20Report%20by%20Phone.pdf) MDOC Asks People on Supervision to Report by Phone in Response to COVID-19 (/News/PressReleases/People%20on%20Supervision%20to%20Report%20by%20Phone.pdf)

March 20 (/News/PressReleases/MDOC%20Adjusts%20COVID19%20Prevention%20Response%20for%20Community%20Supervision.pdf) MDOC Adjusts Reporting for Community Supervision in Response to COVID-19 (/News/PressReleases/MDOC%20Adjusts%20COVID19%20Prevention%20Response%20for%20Community%20Supervision.pdf)

March 16 (/News/PressReleases/State%20Phone%20Provider%20O"ering%20Free%20Calls%20to%20Inmates.pdf) Free Inmate Phone Calls O"ered by State Phone Provider​ (/News/PressReleases/State%20Phone%20Provider%20O"ering%20Free%20Calls%20to%20Inmates.pdf) (/News/PressReleases/MDOC%20Adjusts%20COVID19%20Prevention%20Response%20for%20Community%20Supervision.pdf) (/News/PressReleases/People%20on%20Supervision%20to%20Report%20by%20Phone.pdf)

March 12 (/News/PressReleases/MDOC%20Takes%20Preventative%20Steps%20Against%20Coronavi rus%20Exposure.pdf) MDOC Takes Steps to Protect Sta", Inmates, Public Against Coronavirus Exposure (/News/PressReleases/MDOC%20Takes%20Preventative%20Steps%20Against%20Coronavirus%20Ex posure.pdf)
​ (/News/PressReleases/MDOC%20Takes%20Preventative%20Steps%20Against%20Coronavirus%20Exposure.pdf) MDOC Suspends Inmate Transfers as Part of Response to Coronavirus​ (/News/PressReleases/Inmate%20Transfers%20Suspended%20in%20Response%20to%20Coronavirus .pdf)

https://www.mdoc.ms.gov/Pages/COVID-19-Information-and-Updates.aspx

Page 2 of 3

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 44 of 60

COVID-19 Information and Updates

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​ (/News/PressReleases/MDOC%20Adjusts%20COVID19%20Prevention%20Response%20for%20Community%20Supervision.pdf) (/News/PressReleases/MDOC%20Update%20on%20Its%20COVID-19%20Response.pdf) ​ (/News/PressReleases/People%20on%20Supervision%20to%20Report%20by%20Phone.pdf)
Governor’s Press Conferences​ (https://governorreeves.ms.gov/covid-19/) This link will re-direct you to Governor Tate Reeves' website. View press releases from his office, videos of his press briefings, and the executive orders he has issued, all regarding COVID-19.
Resources:
The Mississippi Department of Health​ (https://msdh.ms.gov/msdhsite/_static/14,0,420.html) The Mississippi Emergency Management Agency (MEMA) (https://www.msema.org/) Centers for Disease Control (CDC)​ (https://www.cdc.gov/)​ World Health Organization (WHO)​ (https://www.who.int/)

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Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 45 of 60

Answers to some of the most frequently asked questions: Last Update: May 15, 5 p.m.
Q-1. What is the Mississippi Department of Corrections doing to ensure the well-being of staff and inmates? A. The MDOC has provided masks to all inmates and correctional staff. Gloves and additional soap are provided. Hand sanitizer is also available in strategic locations, including dining halls.
Signage has been posted throughout MDOC facilities and handout information has been provided to inmates listing symptoms of COVID-19 and informing them how to protect themselves.
Inmates can access medical staff using the sick call system. A face-to-face triage is completed within 24 hours of submission of the sick call request. Medical staff are seeing inmates with acute respiratory symptoms in a timely manner. Symptomatic inmate patients with fever are tested according to Mississippi State Department of Health and CDC guidelines. They will be quarantined or isolated, according to MSDH and CDC guidelines. Affected patients will receive treatment and support and may be transferred to a community hospital, if symptoms become severe. Security staff and non-security staff are screened daily for elevated temperature. Staff found to have a fever (temperature of 100.4 or above) will not be allowed to report to work that day and will be advised to contact their doctor’s office. Information regarding frequent hand washing, cough hygiene, and social distancing has been distributed to staff and inmates.
A screening tool questionnaire has also been implemented for staff arriving at a correctional facility. The questions include asking about recent travel from an affected country and possible exposure to someone who has suspected or confirmed COVID-19 disease.

Q-2. How many confirmed cases are in the inmate population? A. Fifteen (15) cases of COVID-19 have been confirmed in the inmate population - two (2) at the Mississippi State Penitentiary (MSP) at Parchman, two (2) at the Winston-Choctaw County Regional Correctional Facility, six (6) at the Marion-Walthall County Regional Correctional Facility, and three (3) at the Carroll-Montgomery County Regional Correctional Facility. Two (2) cases have been reported at the East Mississippi Correctional Facility.
Q-3. What happens in the event of a confirmed case of COVID-19 in an MDOC facility? A. The MDOC has extensive protocols in place to address scenarios when illness is present. These include immediate quarantine and treatment at facility infirmaries, designated areas or outside hospitals as necessary. Sterilization of all surfaces also is included. Inmates in close proximity to any inmate testing positive are quarantined and receive enhanced screening in addition to wearing a mask. Quarantined inmates are monitored daily for symptoms of the coronavirus.
Q-4. In addition to the positive inmate cases, how many other inmates have been tested and what is the status of those tests? A. The MDOC has tested 39 other inmates. Thirty-five (35) tests show negative results. Four (4) tests results are pending.
Q-5. How many MDOC employees have tested positive? A. The department has eight (8) employees to test positive for COVID-19.
Q-6. How many other employees have been tested and what is the status of those tests? A. Forty (41) other employees have tested. Thirty-nine (39) tests show negative results. Two (2) test results are pending.
Q-7. When does MDOC test inmates for COVID-19? A. The criteria for testing inmates are the same as for the general public. Testing priorities include having a fever of 100.4 or above and symptoms of an acute respiratory illness (cough or difficulty breathing). Inmates with fever and respiratory illness are tested for influenza. If the influenza tests are negative, then the inmate is tested for COVID-19. The inmate patient will remain isolated in the infirmary until the test result is received.
Q-8. Are inmates required to pay medical co-pay during the COVID-19 pandemic? A. No. Co-pay for any inmate sick call related to influenza or COVID-19 is waived.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 46 of 60

Q-9. How long will the restrictions on visitation for family, friends, and volunteers continue? A. A date for lifting restrictions has not been determined. Resuming visitation is based on current updates of the COVID-19 impact.
Q-10. If I usually travel from out of state to Mississippi to visit an inmate, how can I find out the status of the visitation suspension before I leave? A. Call the facility first. Telephone numbers are listed on the MDOC website (www.mdoc.ms.gov) or contact the Office of Communications at MDOCOfficeofCommunications@mdoc.state.ms.us
Q-11. Are inmates allowed to meet with their attorneys? A. Yes. All legal visits are permitted. The legal visit areas are sanitized after each visit.
Q-12. How can family and friends maintain contact with their incarcerated loved ones? A. Telephone calls through the inmate phone system will continue uninterrupted. The United States mail also is a good way to communicate with inmates.
Q-13. In addition to masks, gloves, and hand sanitizers being provided, what other steps have been taken to protect staff and inmates from potential exposure to the coronavirus? A. Additional cleaning is occurring. Fire and safety staff are ensuring that additional chemicals are available in the housing units. Inmates are receiving antibacterial soap. The MDOC is recommending staff and inmates follow the health guidelines from the Centers for Disease Control (CDC) and Prevention. Social, distance, and hygiene protocols are being followed as well as the avoidance of unnecessary groups or meetings of ten (10) or more.
Q-14. Can inmates travel on approved leave, such as to funerals or wakes? A. No. Movement remains suspended.
Q-15. Are prisons on lockdown because of COVID-19? A. No. Prisons are not on lockdown.
Q-16. What activities can inmates participate in during this time? Will activities, including educational and religious programs, continue? A. Programming remains suspended. However, inmates are free to participate in recreational activities while practicing social distancing.

Q-17. If an inmate is scheduled to be released, will the release occur? A. Yes. All scheduled releases will occur as planned.
Q-18. Will inmates be considered for early release because of the coronavirus pandemic? A. No. Inmates are being released through the standard release practice.
Q-19. Are inmate transfers affected? A. Yes. There are limited transfers of inmates between MDOC facilities unless absolutely necessary.
Q-20. Is the MDOC accepting new inmates into the system? A. Yes, but under limited circumstances.
Q-21. Are inmates allowed to go off grounds for work assignments? A. No. Inmate work crews remain suspended.
Q-22. Should people on community supervision, including probation/parole, continue reporting to supervising agents via email or phone? A. Yes. The phone call will serve as their report. All calls must be made between 7 a.m. and 6 p.m. Monday through Friday. No calls will be accepted on weekends. Individuals are not required to speak with their assigned agent when they call. Individuals must provide the person answering the phone with their name, MDOC number, address, and phone number. They will be asked additional questions related to employment and other issues specifically as a result of the COVID-19 pandemic. Individuals can also email their agent or use technology portals, such as Skype and FaceTime, to communicate. Individuals will be considered non-reporting if they fail to contact the MDOC.
Community supervision also includes house arrest, earned release supervision, conditional medical release, and interstate compact, which includes movement between states.
Q-23. Is out-of-state travel permitted for individuals on supervision? A. No. Issuance of permits remains suspended until further notice.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 47 of 60
Q-24. What is the MDOC’s current COVID-19 practice regarding individuals in the Interstate Compact program, which handles the transfers between the states of individuals under supervision? A. Mississippi is only processing incoming transfers that are resident, resident family, and military. Approvals are only for probationers living in the receiving state at the time of sentencing and those with military affiliation.
For outgoing cases, go to interstatecompact.org for a list of state restrictions to see if an offender will be able to transfer to a particular state. The list changes frequently so you should check it often for the most current information.
For current information regarding the coronavirus, visit the following websites:
www.coronavirus.gov www.cdc.gov/COVID19
https://msdh.ms.gov
The Mississippi Coronavirus Hotline is available 8 a.m. until 5 p.m. Monday-Friday Call 877-978-6453

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 48 of 60

COVID-19 Confirmed Inmate Cases
MISSISSIPPI DEPARTMENT OF CORRECTIONS

Facility
STATE INSTITUTIONS Mississippi State Penitentiary, Parchman Central Mississippi Correctional Institution, Pearl South Mississippi Correctional Institution, Leakesville

Positive
2 0 0

PRIVATE PRISONS

East Mississippi Correctional Facility, Meridian

2

Marshall County Correctional Facility, Holly Springs

0

Wilkinson County Correctional Facility, Woodville

0

REGIONAL CORRECTIONAL FACILITIES

Alcorn County Correctional Facility

0

Bolivar County Correctional Facility

0

Carroll-Montgomery County Correctional Facility

3

Chickasaw County Correctional Facility

0

George County Correctional Facility

0

Holmes-Humphreys County Correctional Facility

0

Issaquena County Correctional Facility

0

Jefferson-Franklin County Correctional Facility

0

Kemper-Neshoba County Correctional Facility

0

Leake County Correctional Facility

0

Marion-Walthall County Correctional Facility

6

Stone County Correctional Facility

0

Washington County Correctional Facility

0

Winston-Choctaw County Correctional Facility

2

Yazoo County Correctional Facility

0

Total

15

Last update: May 15, 2020; 5 p.m.
For more information about COVID-19 in the MDOC, visit the Information and Updates page at https://www.mdoc.ms.gov/Pages/COVID-19-Information-and-Updates.aspx

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 49 of 60
APPENDIX 3

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 50 of 60
Answers to some of the most frequently asked questions: Last Update: May 21, 5 p.m.
Q-1. What is the Mississippi Department of Corrections doing to ensure the well-being of staff and inmates?
A. The MDOC has provided masks to all inmates and correctional staff. Gloves and additional soap are provided. Hand sanitizer stations are installed in strategic locations for both staff and inmates’ use. Fire and safety personnel are sanitizing all areas. Information regarding frequent hand
washing, cough hygiene, and social distancing has been distributed to staff and inmates. Signs are posted in facilities. Staff and inmates are recommended to follow health guidelines from the Centers for Disease Control (CDC) and Prevention.
Inmates can access medical staff using the sick call system. A face-to-face triage is completed within 24 hours of submission of the sick call request. Medical staff are seeing inmates with acute respiratory symptoms in a timely manner. Symptomatic inmates with fever are tested according to Mississippi State Department of Health and CDC guidelines. They will be quarantined, according to MSDH and CDC guidelines. Affected patients will receive treatment and may be transferred to a community hospital, if symptoms become severe.
Security staff and non-security staff are screened daily for elevated temperature. Staff found to have a fever (temperature of 100.4 or above) will not be allowed to report to work that day and will be advised to contact their doctor’s office. Staff members who are feeling ill prior to reporting for duty are urged to stay home and see their physician, if needed. A screening tool questionnaire has also been implemented for staff arriving at a correctional facility. The questions include asking about recent travel from an affected country and possible exposure to someone who has suspected or confirmed COVID-19 disease.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 51 of 60
Q-2. How many confirmed cases are in the inmate population? A. Twenty-one (21) cases of COVID-19 have been confirmed in the inmate population – two (2) at the Central Mississippi Correctional Facility, two (2) at the Mississippi State Penitentiary (MSP) at Parchman, three (3) at the East Mississippi Correctional Facility, three (3) at the Carroll-Montgomery County Regional Correctional Facility, nine (9) at the Marion-Walthall County Regional Correctional Facility, and two (2) at the Winston-Choctaw County Regional Correctional Facility.
Q-3. What happens in the event of a confirmed case of COVID-19 in an MDOC facility? A. The MDOC has extensive protocols in place to address scenarios when illness is present. These include immediate quarantine and treatment at facility infirmaries, designated areas or outside hospitals as necessary. Sterilization of all surfaces also is included. Inmates in close proximity to any inmate testing positive are quarantined and receive enhanced screening in addition to wearing a mask. Quarantined inmates are monitored daily for symptoms of the coronavirus.
Q-4. In addition to the positive inmate cases, how many other inmates have been tested and what is the status of those tests? A. The MDOC has tested 44 other inmates. Thirty-eight (38) tests show negative results and six (6) test results are pending.
Q-5. How many MDOC employees have tested positive? A. The department has ten (10) employees to test positive for COVID-19.
Q-6. How many other employees have been tested and what is the status of those tests? A. Fifty-two (52) other employees have tested. Forty-three (43) tests showed negative results. Nine (9) test results are pending.
Q-7. When does MDOC test inmates for COVID-19? A. The criteria for testing inmates are the same as for the general public. Testing priorities include having a fever of 100.4 or above and symptoms of an acute respiratory illness (cough or difficulty breathing). Inmates with fever and respiratory illness are tested for influenza. If the influenza tests are negative, then the inmate is tested for COVID-19. The inmate patient will remain isolated in the infirmary until the test result is received.
Q-8. Are inmates required to pay medical co-pay during the COVID-19 pandemic? A. No. Co-pay for any inmate sick call related to influenza or COVID-19 is waived.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 52 of 60
Q-9. How long will the restrictions on visitation for family, friends, and volunteers continue? A. A date for lifting restrictions has not been determined. Resuming visitation is based on current updates of the COVID-19 impact.
Q-10. If I usually travel from out of state to Mississippi to visit an inmate, how can I find out the status of the visitation suspension before I leave? A. Call the facility first. Telephone numbers are listed on the MDOC website (www.mdoc.ms.gov) or contact the Office of Communications at MDOCOfficeofCommunications@mdoc.state.ms.us
Q-11. Are inmates allowed to meet with their attorneys? A. Yes. All legal visits are permitted. The legal visit areas are sanitized after each visit.
Q-12. How can family and friends maintain contact with their incarcerated loved ones? A. Telephone calls through the inmate phone system will continue uninterrupted. The United States mail also is a good way to communicate with inmates.
Q-13. In addition to masks, gloves, and hand sanitizers being provided, what other steps have been taken to protect staff and inmates from potential exposure to the coronavirus? A. Additional cleaning is occurring. Fire and safety staff are ensuring that additional chemicals are available in the housing units. Inmates are receiving antibacterial soap. The MDOC is recommending staff and inmates follow the health guidelines from the Centers for Disease Control (CDC) and Prevention. Social, distance, and hygiene protocols are being followed as well as the avoidance of unnecessary groups or meetings of ten (10) or more.
Q-14. Can inmates travel on approved leave, such as to funerals or wakes? A. No. Movement remains suspended.
Q-15. Are prisons on lockdown because of COVID-19? A. No. Prisons are not on lockdown.
Q-16. What activities can inmates participate in during this time? Will activities, including educational and religious programs, continue? A. Programming remains suspended. However, inmates are free to participate in recreational activities while practicing social distancing.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 53 of 60
Q-17. If an inmate is scheduled to be released, will the release occur? A. Yes. All scheduled releases will occur as planned.
Q-18. Will inmates be considered for early release because of the coronavirus pandemic? A. No. Inmates are being released through the standard release practice.
Q-19. Are inmate transfers or movement from county jails affected? A. Yes. There are limited transfers of inmates between MDOC facilities and from county jails, unless absolutely necessary.
Q-20. Are inmates allowed to go off grounds for work assignments? A. No. Inmate work crews remain suspended.
Q-21. Should people on community supervision, including probation/parole, continue reporting to supervising agents via email or phone? A. Yes. The phone call will serve as their report. All calls must be made between 7 a.m. and 6 p.m. Monday through Friday. No calls will be accepted on weekends. Individuals are not required to speak with their assigned agent when they call. Individuals must provide the person answering the phone with their name, MDOC number, address, and phone number. They will be asked additional questions related to employment and other issues specifically as a result of the COVID-19 pandemic. Individuals can also email their agent or use technology portals, such as Skype and FaceTime, to communicate. Individuals will be considered non-reporting if they fail to contact the MDOC.
Community supervision also includes house arrest, earned release supervision, conditional medical release, and interstate compact, which includes movement between states.
Q-22. Is out-of-state travel permitted for individuals on supervision? A. No. Issuance of permits remains suspended until further notice.
Q-23. What is the MDOC’s current COVID-19 practice regarding individuals in the Interstate Compact program, which handles the transfers between the states of individuals under supervision? A. Mississippi is only processing incoming transfers that are resident, resident family, and military. Approvals are only for probationers living in the receiving state at the time of sentencing and those with military affiliation.
For outgoing cases, go to interstatecompact.org for a list of state restrictions to see if an offender will be able to transfer to a particular state. The list changes frequently so you should check it often for the most current information.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 54 of 60
For current information regarding the coronavirus, visit the following websites:
www.coronavirus.gov www.cdc.gov/COVID19
https://msdh.ms.gov
The Mississippi Coronavirus Hotline is available 8 a.m. until 5 p.m. Monday-Friday Call 877-978-6453

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 55 of 60
APPENDIX 4

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 56 of 60
Answers to some of the most frequently asked questions: Last Update: May 22, 5 p.m.
Q-1. What is the Mississippi Department of Corrections doing to ensure the well-being of staff and inmates?
A. The MDOC has provided masks to all inmates and correctional staff. Gloves and additional soap are provided. Hand sanitizer stations are installed in strategic locations for both staff and inmates’ use. Fire and safety personnel are sanitizing all areas. Information regarding frequent hand
washing, cough hygiene, and social distancing has been distributed to staff and inmates. Signs are posted in facilities. Staff and inmates are recommended to follow health guidelines from the Centers for Disease Control (CDC) and Prevention.
Inmates can access medical staff using the sick call system. A face-to-face triage is completed within 24 hours of submission of the sick call request. Medical staff are seeing inmates with acute respiratory symptoms in a timely manner. Symptomatic inmates with fever are tested according to Mississippi State Department of Health and CDC guidelines. They will be quarantined, according to MSDH and CDC guidelines. Affected patients will receive treatment and may be transferred to a community hospital, if symptoms become severe.
Security staff and non-security staff are screened daily for elevated temperature. Staff found to have a fever (temperature of 100.4 or above) will not be allowed to report to work that day and will be advised to contact their doctor’s office. Staff members who are feeling ill prior to reporting for duty are urged to stay home and see their physician, if needed. A screening tool questionnaire has also been implemented for staff arriving at a correctional facility. The questions include asking about recent travel from an affected country and possible exposure to someone who has suspected or confirmed COVID-19 disease.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 57 of 60
Q-2. How many confirmed cases are in the inmate population? A. Twenty-three (23) cases of COVID-19 have been confirmed in the inmate population – three (3) at the Central Mississippi Correctional Facility, two (2) at the Mississippi State Penitentiary (MSP) at Parchman, three (3) at the East Mississippi Correctional Facility, three (3) at the Carroll-Montgomery County Regional Correctional Facility, one (1) at Delta Correctional Facility, nine (9) at the Marion-Walthall County Regional Correctional Facility, and two (2) at the Winston-Choctaw County Regional Correctional Facility.
Q-3. What happens in the event of a confirmed case of COVID-19 in an MDOC facility? A. The MDOC has extensive protocols in place to address scenarios when illness is present. These include immediate quarantine and treatment at facility infirmaries, designated areas or outside hospitals as necessary. Sterilization of all surfaces also is included. Inmates in close proximity to any inmate testing positive are quarantined and receive enhanced screening in addition to wearing a mask. Quarantined inmates are monitored daily for symptoms of the coronavirus.
Q-4. In addition to the positive inmate cases, how many other inmates have been tested and what is the status of those tests? A. The MDOC has tested forty-five (45) other inmates. Thirty-eight (40) tests show negative results and five (5) test results are pending.
Q-5. How many MDOC employees have tested positive? A. The department has eleven (11) employees to test positive for COVID-19.
Q-6. How many other employees have been tested and what is the status of those tests? A. Sixty-one (61) other employees have tested. Forty-three (43) tests showed negative results. Eight-teen (18) test results are pending.
Q-7. When does MDOC test inmates for COVID-19? A. The criteria for testing inmates are the same as for the general public. Testing priorities include having a fever of 100.4 or above and symptoms of an acute respiratory illness (cough or difficulty breathing). Inmates with fever and respiratory illness are tested for influenza. If the influenza tests are negative, then the inmate is tested for COVID-19. The inmate patient will remain isolated in the infirmary until the test result is received.
Q-8. Are inmates required to pay medical co-pay during the COVID-19 pandemic? A. No. Co-pay for any inmate sick call related to influenza or COVID-19 is waived.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 58 of 60
Q-9. How long will the restrictions on visitation for family, friends, and volunteers continue? A. A date for lifting restrictions has not been determined. Resuming visitation is based on current updates of the COVID-19 impact.
Q-10. If I usually travel from out of state to Mississippi to visit an inmate, how can I find out the status of the visitation suspension before I leave? A. Call the facility first. Telephone numbers are listed on the MDOC website (www.mdoc.ms.gov) or contact the Office of Communications at MDOCOfficeofCommunications@mdoc.state.ms.us
Q-11. Are inmates allowed to meet with their attorneys? A. Yes. All legal visits are permitted. The legal visit areas are sanitized after each visit.
Q-12. How can family and friends maintain contact with their incarcerated loved ones? A. Telephone calls through the inmate phone system will continue uninterrupted. The United States mail also is a good way to communicate with inmates.
Q-13. In addition to masks, gloves, and hand sanitizers being provided, what other steps have been taken to protect staff and inmates from potential exposure to the coronavirus? A. Additional cleaning is occurring. Fire and safety staff are ensuring that additional chemicals are available in the housing units. Inmates are receiving antibacterial soap. The MDOC is recommending staff and inmates follow the health guidelines from the Centers for Disease Control (CDC) and Prevention. Social, distance, and hygiene protocols are being followed as well as the avoidance of unnecessary groups or meetings of ten (10) or more.
Q-14. Can inmates travel on approved leave, such as to funerals or wakes? A. No. Movement remains suspended.
Q-15. Are prisons on lockdown because of COVID-19? A. No. Prisons are not on lockdown.
Q-16. What activities can inmates participate in during this time? Will activities, including educational and religious programs, continue? A. Programming remains suspended. However, inmates are free to participate in recreational activities while practicing social distancing.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 59 of 60
Q-17. If an inmate is scheduled to be released, will the release occur? A. Yes. All scheduled releases will occur as planned.
Q-18. Will inmates be considered for early release because of the coronavirus pandemic? A. No. Inmates are being released through the standard release practice.
Q-19. Are inmate transfers or movement from county jails affected? A. Yes. There are limited transfers of inmates between MDOC facilities and from county jails, unless absolutely necessary.
Q-20. Are inmates allowed to go off grounds for work assignments? A. No. Inmate work crews remain suspended.
Q-21. Should people on community supervision, including probation/parole, continue reporting to supervising agents via email or phone? A. Yes. The phone call will serve as their report. All calls must be made between 7 a.m. and 6 p.m. Monday through Friday. No calls will be accepted on weekends. Individuals are not required to speak with their assigned agent when they call. Individuals must provide the person answering the phone with their name, MDOC number, address, and phone number. They will be asked additional questions related to employment and other issues specifically as a result of the COVID-19 pandemic. Individuals can also email their agent or use technology portals, such as Skype and FaceTime, to communicate. Individuals will be considered non-reporting if they fail to contact the MDOC.
Community supervision also includes house arrest, earned release supervision, conditional medical release, and interstate compact, which includes movement between states.
Q-22. Is out-of-state travel permitted for individuals on supervision? A. No. Issuance of permits remains suspended until further notice.
Q-23. What is the MDOC’s current COVID-19 practice regarding individuals in the Interstate Compact program, which handles the transfers between the states of individuals under supervision? A. Mississippi is only processing incoming transfers that are resident, resident family, and military. Approvals are only for probationers living in the receiving state at the time of sentencing and those with military affiliation.
For outgoing cases, go to interstatecompact.org for a list of state restrictions to see if an offender will be able to transfer to a particular state. The list changes frequently so you should check it often for the most current information.

Case 3:20-cv-00340-TSL-RHW Document 6-2 Filed 05/25/20 Page 60 of 60
For current information regarding the coronavirus, visit the following websites:
www.coronavirus.gov www.cdc.gov/COVID19
https://msdh.ms.gov
The Mississippi Coronavirus Hotline is available 8 a.m. until 5 p.m. Monday-Friday Call 877-978-6453

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EXHIBIT 3

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EXHIBIT 4

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EXHIBIT 5

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EXHIBIT 6

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EXHIBIT 7

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EXHIBIT 8

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EXHIBIT 9

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EXHIBIT 10

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EXHIBIT 11

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EXHIBIT 12

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EXHIBIT 13

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Decl. Exhibit 1

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EXHIBIT 14

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EXHIBIT 15

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Answers to some of the most frequently asked questions: Last Update: May 21, 5 p.m.
Q-1. What is the Mississippi Department of Corrections doing to ensure the well-being of staff and inmates?
A. The MDOC has provided masks to all inmates and correctional staff. Gloves and additional soap are provided. Hand sanitizer stations are installed in strategic locations for both staff and inmates’ use. Fire and safety personnel are sanitizing all areas. Information regarding frequent hand
washing, cough hygiene, and social distancing has been distributed to staff and inmates. Signs are posted in facilities. Staff and inmates are recommended to follow health guidelines from the Centers for Disease Control (CDC) and Prevention.
Inmates can access medical staff using the sick call system. A face-to-face triage is completed within 24 hours of submission of the sick call request. Medical staff are seeing inmates with acute respiratory symptoms in a timely manner. Symptomatic inmates with fever are tested according to Mississippi State Department of Health and CDC guidelines. They will be quarantined, according to MSDH and CDC guidelines. Affected patients will receive treatment and may be transferred to a community hospital, if symptoms become severe.
Security staff and non-security staff are screened daily for elevated temperature. Staff found to have a fever (temperature of 100.4 or above) will not be allowed to report to work that day and will be advised to contact their doctor’s office. Staff members who are feeling ill prior to reporting for duty are urged to stay home and see their physician, if needed. A screening tool questionnaire has also been implemented for staff arriving at a correctional facility. The questions include asking about recent travel from an affected country and possible exposure to someone who has suspected or confirmed COVID-19 disease.

Case 3:20-cv-00340-TSL-RHW Document 6-15 Filed 05/25/20 Page 3 of 6
Q-2. How many confirmed cases are in the inmate population? A. Twenty-one (21) cases of COVID-19 have been confirmed in the inmate population – two (2) at the Central Mississippi Correctional Facility, two (2) at the Mississippi State Penitentiary (MSP) at Parchman, three (3) at the East Mississippi Correctional Facility, three (3) at the Carroll-Montgomery County Regional Correctional Facility, nine (9) at the Marion-Walthall County Regional Correctional Facility, and two (2) at the Winston-Choctaw County Regional Correctional Facility.
Q-3. What happens in the event of a confirmed case of COVID-19 in an MDOC facility? A. The MDOC has extensive protocols in place to address scenarios when illness is present. These include immediate quarantine and treatment at facility infirmaries, designated areas or outside hospitals as necessary. Sterilization of all surfaces also is included. Inmates in close proximity to any inmate testing positive are quarantined and receive enhanced screening in addition to wearing a mask. Quarantined inmates are monitored daily for symptoms of the coronavirus.
Q-4. In addition to the positive inmate cases, how many other inmates have been tested and what is the status of those tests? A. The MDOC has tested 44 other inmates. Thirty-eight (38) tests show negative results and six (6) test results are pending.
Q-5. How many MDOC employees have tested positive? A. The department has ten (10) employees to test positive for COVID-19.
Q-6. How many other employees have been tested and what is the status of those tests? A. Fifty-two (52) other employees have tested. Forty-three (43) tests showed negative results. Nine (9) test results are pending.
Q-7. When does MDOC test inmates for COVID-19? A. The criteria for testing inmates are the same as for the general public. Testing priorities include having a fever of 100.4 or above and symptoms of an acute respiratory illness (cough or difficulty breathing). Inmates with fever and respiratory illness are tested for influenza. If the influenza tests are negative, then the inmate is tested for COVID-19. The inmate patient will remain isolated in the infirmary until the test result is received.
Q-8. Are inmates required to pay medical co-pay during the COVID-19 pandemic? A. No. Co-pay for any inmate sick call related to influenza or COVID-19 is waived.

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Q-9. How long will the restrictions on visitation for family, friends, and volunteers continue? A. A date for lifting restrictions has not been determined. Resuming visitation is based on current updates of the COVID-19 impact.
Q-10. If I usually travel from out of state to Mississippi to visit an inmate, how can I find out the status of the visitation suspension before I leave? A. Call the facility first. Telephone numbers are listed on the MDOC website (www.mdoc.ms.gov) or contact the Office of Communications at MDOCOfficeofCommunications@mdoc.state.ms.us
Q-11. Are inmates allowed to meet with their attorneys? A. Yes. All legal visits are permitted. The legal visit areas are sanitized after each visit.
Q-12. How can family and friends maintain contact with their incarcerated loved ones? A. Telephone calls through the inmate phone system will continue uninterrupted. The United States mail also is a good way to communicate with inmates.
Q-13. In addition to masks, gloves, and hand sanitizers being provided, what other steps have been taken to protect staff and inmates from potential exposure to the coronavirus? A. Additional cleaning is occurring. Fire and safety staff are ensuring that additional chemicals are available in the housing units. Inmates are receiving antibacterial soap. The MDOC is recommending staff and inmates follow the health guidelines from the Centers for Disease Control (CDC) and Prevention. Social, distance, and hygiene protocols are being followed as well as the avoidance of unnecessary groups or meetings of ten (10) or more.
Q-14. Can inmates travel on approved leave, such as to funerals or wakes? A. No. Movement remains suspended.
Q-15. Are prisons on lockdown because of COVID-19? A. No. Prisons are not on lockdown.
Q-16. What activities can inmates participate in during this time? Will activities, including educational and religious programs, continue? A. Programming remains suspended. However, inmates are free to participate in recreational activities while practicing social distancing.

Case 3:20-cv-00340-TSL-RHW Document 6-15 Filed 05/25/20 Page 5 of 6
Q-17. If an inmate is scheduled to be released, will the release occur? A. Yes. All scheduled releases will occur as planned.
Q-18. Will inmates be considered for early release because of the coronavirus pandemic? A. No. Inmates are being released through the standard release practice.
Q-19. Are inmate transfers or movement from county jails affected? A. Yes. There are limited transfers of inmates between MDOC facilities and from county jails, unless absolutely necessary.
Q-20. Are inmates allowed to go off grounds for work assignments? A. No. Inmate work crews remain suspended.
Q-21. Should people on community supervision, including probation/parole, continue reporting to supervising agents via email or phone? A. Yes. The phone call will serve as their report. All calls must be made between 7 a.m. and 6 p.m. Monday through Friday. No calls will be accepted on weekends. Individuals are not required to speak with their assigned agent when they call. Individuals must provide the person answering the phone with their name, MDOC number, address, and phone number. They will be asked additional questions related to employment and other issues specifically as a result of the COVID-19 pandemic. Individuals can also email their agent or use technology portals, such as Skype and FaceTime, to communicate. Individuals will be considered non-reporting if they fail to contact the MDOC.
Community supervision also includes house arrest, earned release supervision, conditional medical release, and interstate compact, which includes movement between states.
Q-22. Is out-of-state travel permitted for individuals on supervision? A. No. Issuance of permits remains suspended until further notice.
Q-23. What is the MDOC’s current COVID-19 practice regarding individuals in the Interstate Compact program, which handles the transfers between the states of individuals under supervision? A. Mississippi is only processing incoming transfers that are resident, resident family, and military. Approvals are only for probationers living in the receiving state at the time of sentencing and those with military affiliation.
For outgoing cases, go to interstatecompact.org for a list of state restrictions to see if an offender will be able to transfer to a particular state. The list changes frequently so you should check it often for the most current information.

Case 3:20-cv-00340-TSL-RHW Document 6-15 Filed 05/25/20 Page 6 of 6
For current information regarding the coronavirus, visit the following websites:
www.coronavirus.gov www.cdc.gov/COVID19
https://msdh.ms.gov
The Mississippi Coronavirus Hotline is available 8 a.m. until 5 p.m. Monday-Friday Call 877-978-6453