U.S. District Court Middle District of Louisiana (Baton Rouge) CIVIL DOCKET FOR CASE #: 3:20-cv-00293-JWD-EWD

J.H., et al v. Edwards et al Assigned to: Judge John W. deGravelles Referred to: Magistrate Judge Erin Wilder-Doomes Cause: 42:1983 Civil Rights Act

Date Filed: 05/14/2020 Date Terminated: 11/12/2020 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question

Plaintiff
J.H. by and through his mother and next friend real party in interest N.H.

represented by Mercedes Hardy Montagnes Promise of Justice Promise of Justice 1024 Elysian Fields 7011 New Orleans, LA 70117 504-529-5955 Email: mmontagnes@defendla.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Benjamin Singer OMelveny & Myers LLP 1625 Eye Street NW Washington, DC 20006 202-383-5201 Email: bsinger@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED

Brandon Christopher Amash O'Melveny & Myers LLP 610 Newport Center Dr., 17th Floor Newport Beach, CA 92660 949-823-6900 Email: bamash@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED

David Lash O'Melveny & Meyers LLP 400 south Hope Street

Los Angeles, CA 90071 213-430-6000 Fax: 213-430-6407 Email: dlash@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED
Jason Yan O'Melveny & Myers LLP 1625 Eye Street, NW Washington, DC 20006 202-383-5183 Email: jyan@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED
Jesica R. Feierman JUVENILE LAW CENTER 1800 JFK Blvd. Ste. 1900B Philadelphia, PA 19103 215-625-0551 PRO HAC VICE
John Nelson Adcock Law Offices of John N. Adcock 3110 Canal Street LA New Orleans, LA 70119 225-284-6327 Fax: 504-308-1266 Email: JNADCOCK@GMAIL.COM ATTORNEY TO BE NOTICED
Karen U. Lindell JUVENILE LAW CENTER 1800 JFK Blvd. Ste. 1900B Philadelphia, PA 19103 215-625-0551 PRO HAC VICE
Laura Aronsson O'Melveny & Myers LLP 7 Times Square

New York, NY 10036 212-326-2000 Fax: 212-326-2061 Email: laronsson@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED
Lisa Pensabene OMelveny & Myers LLP Times Square Tower 7 Times Square New York, NY 10036-6537 212-326-2077 PRO HAC VICE
Mariam Kamran OMelveny & Meyers, LLP 7 Times Square New York, NY 10036 212-728-5896 Email: mkamran@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED
Marsha Levick Juvenile Law Center 1800 JFK Blvd. Ste. 1900B Philadelphia, PA 19103 215-625-0551 Email: mlevick@jlc.org PRO HAC VICE ATTORNEY TO BE NOTICED
Rebecca Ramaswamy Promise of Justice Initiative 1024 Elysian Fields Ave New Orleans, LA 70117 504-529-5955 Email: rramaswamy@defendla.org PRO HAC VICE ATTORNEY TO BE NOTICED
Stuart M. Sarnoff O'Melveny & Myers LLP 7 Times Square

Plaintiff
I.B. by and through his parents and next friends on behalf of themselves and all others similarly situated real party in interest A.B. real party in interest I.B.

33rd Floor New York, NY 10036 212-326-2000 Email: ssarnoff@omm.com PRO HAC VICE ATTORNEY TO BE NOTICED
Nishi Lal Kumar Promise of Justice Initiative 1024 Elysian Fields Avenue New Orleans, LA 70117 504-529-5955 Email: nkumar@defendla.org ATTORNEY TO BE NOTICED
represented by Mercedes Hardy Montagnes (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin Singer (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Brandon Christopher Amash (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
David Lash (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jason Yan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jesica R. Feierman (See above for address) PRO HAC VICE
John Nelson Adcock

V. Defendant

(See above for address) ATTORNEY TO BE NOTICED
Karen U. Lindell (See above for address) PRO HAC VICE
Laura Aronsson (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lisa Pensabene (See above for address) PRO HAC VICE
Mariam Kamran (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Marsha Levick (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Rebecca Ramaswamy (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Stuart M. Sarnoff (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Nishi Lal Kumar (See above for address) ATTORNEY TO BE NOTICED

John Bel Edwards in his official capacity as Governor of Louisiana
Defendant Edward Dustin Bickham in his Official Capacity as Interim Deputy Secretary of the Louisiana Office of Juvenile Justice

represented by Matthew F. Block Office of the Governor Louisiana State Capitol 900 North Third Street Baton Rouge, LA 70804 (225) 342-7015 Email: matthew.block@la.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Charles Walsh Office of the Governor of Louisiana 900 N Third St Governor''s Office Baton Rouge, LA 70804 225-342-0312 Email: john.walsh@la.gov ATTORNEY TO BE NOTICED
William P. Thomas Butler Snow LLP 1020 Highland Colony Parkway Suite 1400 Ridgeland, MS 39157 601-985-4432 PRO HAC VICE
represented by Randal J. Robert Butler Snow P.O. Box 2997 Baton Rouge, LA 70821 225-325-8735 Fax: 225-343-0630 Email: Randy.Robert@butlersnow.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allena Brooke McCain Butler Snow 445 North Blvd Suite 300 Baton Rouge, LA 70802 225-325-8700 Email:

Defendant
James Woods in his Official Capacity as the Director of the Acadiana Center for Youth

allena.mccain@butlersnow.com ATTORNEY TO BE NOTICED
Connell Lee Archey Butler Snow 445 North Boulevard Ste 300 Baton Rouge, LA 70802 225-325-8700 Fax: 225-325-8800 Email: connell.archey@butlersnow.com ATTORNEY TO BE NOTICED
Kyle V. Miller Butler Snow LLP 1020 Highland Colony Parkway Ste 1400 Ridgeland, MS 39157 601-985-4514 Fax: 601-985-4500 Email: kyle.miller@butlersnow.com PRO HAC VICE ATTORNEY TO BE NOTICED
Lemuel E. Montgomery , III Bulter Snow 1020 Highland Colony Parkway Ste 1400 Ridgeland, MS 39157 601-948-5711 Fax: 601-985-4500 Email: lem.montgomery@butlersnow.com PRO HAC VICE ATTORNEY TO BE NOTICED
William P. Thomas (See above for address) PRO HAC VICE
represented by Randal J. Robert (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant
Shannon Matthews in her Official Capacity as the Director of the Bridge City Center for Youth

Allena Brooke McCain (See above for address) ATTORNEY TO BE NOTICED
Connell Lee Archey (See above for address) ATTORNEY TO BE NOTICED
Kyle V. Miller (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lemuel E. Montgomery , III (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
William P. Thomas (See above for address) PRO HAC VICE
represented by Randal J. Robert (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allena Brooke McCain (See above for address) ATTORNEY TO BE NOTICED
Connell Lee Archey (See above for address) ATTORNEY TO BE NOTICED
Kyle V. Miller (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lemuel E. Montgomery , III (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant Shawn Herbert in his Official Capacity as the Director of the Swanson Center for Youth at Monroe
Defendant Rodney Ward in his Official Capacity as the Deputy Director of the Swanson Center for Youth at Columbia

William P. Thomas (See above for address) PRO HAC VICE
represented by Randal J. Robert (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allena Brooke McCain (See above for address) ATTORNEY TO BE NOTICED
Connell Lee Archey (See above for address) ATTORNEY TO BE NOTICED
Kyle V. Miller (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lemuel E. Montgomery , III (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
William P. Thomas (See above for address) PRO HAC VICE
represented by Randal J. Robert (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allena Brooke McCain (See above for address) ATTORNEY TO BE NOTICED
Connell Lee Archey (See above for address)

Defendant
The Louisiana Office of Juvenile Justice

ATTORNEY TO BE NOTICED
Kyle V. Miller (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lemuel E. Montgomery , III (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Randal J. Robert (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allena Brooke McCain (See above for address) ATTORNEY TO BE NOTICED
Connell Lee Archey (See above for address) ATTORNEY TO BE NOTICED
Kyle V. Miller (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lemuel E. Montgomery , III (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
William P. Thomas (See above for address) PRO HAC VICE

Date Filed 05/14/2020

# Docket Text
1 CLASS ACTION COMPLAINT for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus against All Defendants ( Filing

05/15/2020 05/15/2020 05/15/2020 05/15/2020 05/15/2020 05/15/2020

fee $ 400 receipt number ALAMDC-2113644.), filed by I.B. by and through his parents and next friends, A.B. and I.B., J.H. by and through his mother and next friend, N.H.. (Attachments: # 1 Attachment, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Attachment Summons, # 16 Attachment Summons, # 17 Attachment Summons, # 18 Attachment Summons, # 19 Attachment Summons, # 20 Attachment Summons, # 21 Attachment Summons)(Kumar, Nishi) (Attachments 1 & 15 replaced on 5/15/2020) (EDC). Modified on 5/15/2020 to flatten pages. (EDC). Modified on 5/15/2020 to edit text. (EDC). (Attachments 16-21 replaced on 5/18/2020) (EDC). Modified on 5/18/2020 to flatten pages. (EDC). (Entered: 05/14/2020)
2 MOTION for Laura Aronsson to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113830) by J.H. by and through his mother and next friend, N.H., I.B. by and through his parents and next friends, A.B. and I.B.. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
3 MOTION for Brandon Amash to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113831) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
4 MOTION for David Lash to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113832) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
5 MOTION for Stuart M. Sarnoff to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113834) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
6 MOTION for Jason Yan to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2113835) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
7 MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit

05/15/2020 05/15/2020 05/15/2020
05/15/2020 05/15/2020 05/18/2020
05/18/2020 05/18/2020

2, # 4 Exhibit 3, # 5 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
8 MOTION for Marsha L. Levick to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114201) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
9 Summons Submitted (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment)(Kumar, Nishi) (Entered: 05/15/2020)
10 ORDER granting 2 , 3 , 4 , 5 , 6 and 8 Motions for Laura Aronsson, Brandon Amash, David Lash, Stuart M. Sarnoff, Jason Yan and Marsha L. Levick to Appear Pro Hac Vice on behalf of plaintiffs. Signed by Magistrate Judge Erin Wilder-Doomes on 5/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 05/15/2020)
11 MOTION for Benjamin Singer to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114428) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
12 MOTION for Mariam Kamran to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114432) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/15/2020)
MOTION(S) REFERRED: 11 MOTION for Benjamin Singer to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC2114428), 12 MOTION for Mariam Kamran to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2114432). This motion is now pending before the USMJ. (KMW) (Entered: 05/18/2020)
13 ORDER granting 11 and 12 Motion for Benjamin Singer and Mariam Kamran to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 5/18/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 05/18/2020)
14 MOTION for Expedited Discovery and Status Conference by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Kumar, Nishi) Modified on 5/19/2020 to edit text (LT). (Entered: 05/18/2020)

05/18/2020 05/18/2020 05/18/2020
05/19/2020 05/20/2020 05/20/2020 05/20/2020

15 MOTION for Expedited Consideration 14 MOTION for Discovery Expedited by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Kumar, Nishi) Modified on 5/19/2020 to edit text (LT). (Entered: 05/18/2020)
16 Summons Issued as to Edward Dustin Bickham, John Bel Edwards, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (NOTICE: Counsel shall print and serve both the summons and all attachments in accordance with Federal Rule of Civil Procedure 4.) (Attachments: # 1 summons, # 2 summons, # 3 summons, # 4 summons, # 5 summons, # 6 summons)(EDC) (Entered: 05/18/2020)
17 NOTICE of TELEPHONE CONFERENCE: Telephone Status Conference before the District Judge set for 5/20/2020 at 3:30 PM before Judge John W. deGravelles. Counsel participating in the Conference shall call 888-808-6929 using access code 8384153 five minutes prior to conference. Since counsel for Defendants have not yet made an appearance in this case, counsel for Plaintiffs is responsible for providing opposing counsel with notice of the date, time and details of this conference. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 05/18/2020)
MOTION(S) REFERRED: 14 MOTION for Expedited Discovery and Status Conference, 15 MOTION for Expedited Hearing on 14 MOTION for Discovery Expedited . This motion is now pending before the USMJ. (LT) (Entered: 05/19/2020)
18 Ex Parte MOTION for Kyle V. Miller to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2115896) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Declaration, # 2 Proposed Pleading; Order)(Robert, Randal) (Entered: 05/20/2020)
19 Ex Parte MOTION for Lem E. Montgomery, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2115903) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Declaration, # 2 Proposed Pleading; Order)(Robert, Randal) (Entered: 05/20/2020)
MOTION(S) REFERRED: 18 Ex Parte MOTION for Kyle V. Miller to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC2115896), 19 Ex Parte MOTION for Lem E. Montgomery, III to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-

05/20/2020 05/20/2020
05/21/2020 05/22/2020 05/22/2020 05/22/2020 05/26/2020 05/26/2020

2115903). This motion is now pending before the USMJ. (ELW) (Entered: 05/20/2020)
20 ORDER granting 18 and 19 Motion for Kyle V. Miller and Lem E. Montgomery, III to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 5/20/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 05/20/2020)
21 Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 5/20/2020. It is ordered that a hearing on Plaintiffs' 7 Motion for Temporary Restraining Order is set for 6/3/2020 at 09:00 AM in by ZOOM Video Conferencing . Parties shall provide a list of witnesses and exhibits to the Court and opposing parties by 5/29/2020. A Telephone Status Conference is set for 5/27/2020 at 10:30 AM to discuss any outstanding logistical issues and the information that will be presented at the TRO Hearing. (LT) Modified on 5/22/2020 to edit text and deadlines (LLH). (Entered: 05/21/2020)
Motions No Longer Referred: 14 MOTION for Expedited Discovery and Status Conference, 15 MOTION for Expedited Consideration 14 MOTION for Discovery Expedited . This motion is now pending before the USDJ. (BLR) (Entered: 05/21/2020)
22 ORDER denying as moot 14 Motion for Discovery. Signed by Judge John W. deGravelles on 05/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (Entered: 05/22/2020)
23 ORDER denying as moot 15 Motion for Expedited Hearing on 14 MOTION for Discovery Expedited by All Plaintiffs. Signed by Judge John W. deGravelles on 05/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/22/2020)
24 Joint STATUS REPORT by All Plaintiffs. (Kumar, Nishi) Modified on 5/26/2020 to edit the docket text (KMW). (Entered: 05/22/2020)
Reset Deadlines/Hearings: Telephone Conference before the District Judge set for 5/27/2020 at 10:30 AM before Judge John W. deGravelles. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry) (KDC) (Entered: 05/26/2020)
25 Unopposed MOTION for Leave to Exceed Page Limit by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana

05/26/2020 05/27/2020 05/27/2020 05/27/2020
05/27/2020 05/27/2020

Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Order Granting Motion, # 2 Attachment Response to Motion for Temporary Restraining Order, # 3 Exhibit "A" to Proposed Pleading - Affidavit of Denise Dandridge, # 4 Exhibit "B" to Proposed Pleading - Affidavit of E. Dustin Bickham, # 5 Exhibit "C" to Proposed Pleading - Affidavit of Shawn Herbert, # 6 Exhibit "D" to Proposed Pleading - Affidavit of Kim Mims, # 7 Exhibit "E" to Proposed Pleading - Affidavit of Revettea Woods, # 8 Exhibit "F" to Proposed Pleading - Order Denying Writ, # 9 Exhibit "G" to Proposed Pleading Emergency Response Plan)(McCain, Allena) (Attachment 3, 6, and 9 replaced on 5/27/2020 to edit page orientation) (LT). Modified on 5/27/2020 to edit text (LT). (Entered: 05/26/2020)
26 Memorandum in RESPONSE to Plaintiff's Emergency 7 MOTION for Temporary Restraining Order Seeking Immediate Furlough filed by John Bel Edwards. (Block, Matthew) Modified on 5/27/2020 to edit text (LT). (Entered: 05/26/2020)
27 MOTION for Jessica R. Feierman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118062) by All Plaintiffs. (Attachments: # 1 Attachment Affidavit, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/27/2020)
28 MOTION for Karen U. Lindell to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2118065) by All Plaintiffs. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment)(Kumar, Nishi) (Entered: 05/27/2020)
29 Unopposed MOTION for Leave to File Excess Pages by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit A, # 11 Attachment Proposed Order)(Kumar, Nishi) Modified on 5/27/2020 to edit text (LT). (Entered: 05/27/2020)
MOTION(S) REFERRED: 27 MOTION for Jessica R. Feierman to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC2118062). This motion is now pending before the USMJ. (LT) (Entered: 05/27/2020)
MOTION(S) REFERRED: 28 MOTION for Karen U. Lindell to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC2118065). This motion is now pending before the USMJ. (LT) (Entered: 05/27/2020)

05/27/2020 05/27/2020 05/27/2020 05/27/2020
05/27/2020 05/27/2020
05/27/2020 05/29/2020 05/29/2020

30 ORDER granting 29 Motion for Leave to File Reply Memorandum in Response to Plaintiffs' Motion for Temporary Restraining Order in Excess Pages. Signed by Judge John W. deGravelles on 05/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/27/2020)
31 MEMORANDUM in Support of 7 MOTION for Temporary Restraining Order filed by I.B., J.H. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit A)(LT) (Entered: 05/27/2020)
32 ORDER granting 27 and 28 Motions for Jessica R. Feierman and Karen U. Lindell to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 5/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 05/27/2020)
33 ORDER granting 25 MOTION for Leave to file Memorandum in Response to Plaintiffs' Motion for Temporary Restraining Order may exceed the 25-page limit. Signed by Judge John W. deGravelles on 05/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/27/2020)
34 RESPONSE to 7 MOTION for Temporary Restraining Order filed by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(EDC) (Entered: 05/27/2020)
35 Minute Entry for proceedings held before Judge John W. deGravelles: Telephone Conference held on 5/27/2020. Pre-hearing briefs regarding the TRO are to be filed no later than noon on 06/01/2020. The hearing on the 7 MOTION for Temporary Restraining Order is set for 6/3/2020 at 09:00 AM by video before Judge John W. deGravelles. Post Hearing Briefs are due by close of business on 06/08/2020. (Court Reporter Natalie Breaux.) (LT) (Entered: 05/28/2020)
36 There is no record document 36. Entered in error by case administrator.(KMW) (Entered: 05/28/2020)
37 Exhibit List for TRO Hearing by I.B., J.H... (Kumar, Nishi) (Entered: 05/29/2020)
38 Witness List by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (For your free look at document, enter your Individual

05/29/2020 05/29/2020 05/29/2020 05/30/2020
06/01/2020 06/01/2020
06/01/2020 06/01/2020

PACER login and pw to confirm your right to view). (McCain, Allena) (Entered: 05/29/2020)
39 Exhibit List for TRO Hearing by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods.. (McCain, Allena) (Entered: 05/29/2020)
40 Witness List by I.B., J.H.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Attachments: # 1 Exhibit A)(Kumar, Nishi) (Entered: 05/29/2020)
41 MOTION for Lisa Pensabene to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2120018) by All Plaintiffs. (Attachments: # 1 Attachment Declaration, # 2 Attachment Certificate of Good Standing, # 3 Attachment Proposed Order)(Kumar, Nishi) (Entered: 05/29/2020)
42 Notice to Counsel: Stipulations shall be filed no later than 12:00 p.m. on Monday, June 1, 2020. In light of the Stipulations, the parties shall also file a revised exhibit and witness list by 12:00 p.m. on Monday, June 1, 2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 05/30/2020)
MOTION(S) REFERRED: 41 MOTION for Lisa Pensabene to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC2120018). This motion is now pending before the USMJ. (SWE) (Entered: 06/01/2020)
43 Notice to Counsel: By noon on Tuesday, June 2, 2020, the parties shall submit a list of contested issues for the Wednesday, June 3, 2020, TRO hearing.
Evidence, in electronic format, shall be provided in accordance with Local Rule 79 and Administrative Procedures.
(This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 06/01/2020)
44 Joint MOTION for Extension of Time to file Statement of Stipulated Facts and Revised Exhibit and Witness Lists by All Plaintiffs. (Kumar, Nishi) Modified on 6/1/2020 to edit text (LT). (Entered: 06/01/2020)
45 ORDER granting 44 Motion for Extension of Time. Signed by Judge John W. deGravelles on 06/01/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 06/01/2020)

06/01/2020 06/01/2020 06/01/2020 06/01/2020
06/01/2020 06/01/2020 06/02/2020
06/02/2020 06/02/2020 06/02/2020

46 ORDER granting 41 Motion for Lisa Pensabene to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 6/1/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/01/2020)
47 Revised Exhibit List for TRO Hearing by I.B., J.H... (Kumar, Nishi) Modified on 6/2/2020 to edit text (ELW). (Entered: 06/01/2020)
48 Exhibit List (Revised) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods.. (McCain, Allena) (Entered: 06/01/2020)
49 Witness List by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (McCain, Allena) (Entered: 06/01/2020)
50 Witness List by I.B., J.H.. (For your free look at document, enter your Individual PACER login and pw to confirm your right to view). (Attachments: # 1 Exhibit A)(Kumar, Nishi) (Entered: 06/01/2020)
51 JOINT STATEMENT OF STIPULATED FACTS by I.B., J.H. (Kumar, Nishi) Modified on 6/2/2020 to edit text (ELW) (Entered: 06/01/2020)
52 Unopposed SEALED MOTION for Leave to File Defendants' Confidential Exhibits 50 - 51 Under Seal by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Proposed Order Granting Motion, # 2 Proposed Pleading; Ex. 50_REDACTED-I.B. Rehab services March thru May 2020, # 3 Proposed Pleading; Ex. 51_REDACTED-IB Weekly Contact Progress Reports March to May 2020)(McCain, Allena) (Entered: 06/02/2020)
53 NOTICE of Defendants' List of Contested Issues by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods re 43 Notice to Counsel, (McCain, Allena) (Entered: 06/02/2020)
54 NOTICE of Statement of Contested Issues from Plaintiffs by I.B., J.H. (Kumar, Nishi) (Entered: 06/02/2020)
55 Unopposed MOTION for William P. Thomas to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2121144) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The

06/02/2020 06/02/2020 06/02/2020 06/02/2020
06/02/2020 06/02/2020 06/03/2020
06/03/2020 06/03/2020

Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit Declaration of Will Thomas, # 2 Attachment Proposed Order)(McCain, Allena) (Entered: 06/02/2020)
56 ORDER granting 52 SEALED Motion for Leave to File Defendants' Confidential Exhibits 50 - 51 Under Seal. Signed by Judge John W. deGravelles on 6/2/2020. (LLH) (Entered: 06/02/2020)
MOTION(S) REFERRED: 55 Unopposed MOTION for William P. Thomas to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2121144). This motion is now pending before the USMJ. (KMW) (Entered: 06/02/2020)
57 SEALED Confidential Exhibits 50 and 51 as to to 48 Revised Exhibit List, filed by The Louisiana Office of Juvenile Justice, Edward Dustin Bickham, James Woods, Shannon Matthews, Shawn Herbert, and Rodney Ward. (Attachments: # 1 Exhibit) (LLH) (Entered: 06/02/2020)
58 ORDER granting 55 Motion for William Polk Thomas to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 6/2/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/02/2020)
59 Consent MOTION for Leave to Use Witness Initials at TRO Hearing and File Full Names Under Seal by All Plaintiffs. (Kumar, Nishi) (Entered: 06/02/2020)
60 MOTION for Class Certification by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Kumar, Nishi) Modified on 6/3/2020 to edit text (LT). (Entered: 06/02/2020)
61 ORDER granting 59 MOTION for Leave to Use Witness Initials at TRO Hearing and File Full Names Under Seal by All Plaintiffs. Signed by Judge John W. deGravelles on 06/03/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (JHF) (Entered: 06/03/2020)
62 MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC-2121590) by All Plaintiffs. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment)(Kumar, Nishi) (Entered: 06/03/2020)
63 MOTION to Enroll John C. Walsh as Additional Attorney by John Bel Edwards. (Block, Matthew) (Entered: 06/03/2020)

06/03/2020 06/03/2020 06/03/2020 06/03/2020
06/03/2020
06/03/2020 06/04/2020 06/04/2020

MOTION(S) REFERRED: 63 MOTION to Enroll John C. Walsh as Additional Attorney , 62 MOTION for Rebecca Ramaswamy to Appear Pro Hac Vice (Filing fee $100.00, Receipt Number ALAMDC2121590). This motion is now pending before the USMJ. (KMW) (Entered: 06/03/2020)
64 ORDER granting 63 Motion to Enroll Additional Attorney. Added attorney John Charles Walsh for John Bel Edwards. Signed by Judge John W. deGravelles on 6/3/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (SWE) (Entered: 06/03/2020)
65 ORDER granting 62 Motion for Rebecca Ramaswamy to Appear Pro Hac Vice. Signed by Magistrate Judge Erin Wilder-Doomes on 6/3/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/03/2020)
66 NOTICE of Briefing Schedule on 60 MOTION for Class Certification : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(JHF) (Entered: 06/03/2020)
67 Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing held on 6/3/2020 re 7 MOTION for Temporary Restraining Order. Witnesses sequested and exhibits filed into the record. Opening statements presented and testimony given. Court recessed until Thursday, June 4, 2020 at 9:00 a.m. (Court Reporter G. Delatte-Richard and N. Breaux.) Pursuant to Local Rules, offering parties shall retain custody of exhibits..(SWE) (Main Document 67 replaced on 6/5/2020 to edit counsel) (SWE). (Entered: 06/04/2020)
73 ELECTRONIC EXHIBITS for hearing dated 6/3/2020 to 6/5/2020.(SWE) (Entered: 06/05/2020)
68 TRANSCRIPT REQUEST by I.B., J.H. for proceedings held on June 3, 2020 before Judge Judge deGravelles.. (Kumar, Nishi) (Entered: 06/04/2020)
69 TRANSCRIPT REQUEST by I.B., J.H. for proceedings held on June 4, 2020 before Judge Judge deGravelles.. (Kumar, Nishi) (Entered: 06/04/2020)

06/04/2020
06/05/2020 06/05/2020
06/05/2020
06/08/2020 06/10/2020 06/10/2020 06/10/2020 06/10/2020

70 Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing continued on 6/4/2020 re 7 MOTION for Temporary Restraining Order. Testimony given. Court recessed until Friday, 6/5/2020, at 9:00 a.m. (Court Reporter S. Thompson and G. DelatteRichard.) (SWE) (Main Document 70 replaced on 6/5/2020 to edit counsel) (SWE). (Entered: 06/05/2020)
71 TRANSCRIPT REQUEST by I.B., J.H. for proceedings held on June 5, 2020 before Judge deGravelles.. (Kumar, Nishi) (Entered: 06/05/2020)
72 Minute Entry for proceedings held before Judge John W. deGravelles: Motion Hearing held on 6/5/2020 re 7 MOTION for Temporary Restraining Order. Testimony given. Simultaneous post hearing briefs will be due by close of business on Wednesday, 6/10/2020. The Court requests that Plaintiffs address in their briefing the power the Court has to order OJJ to furlough or release a youth at an OJJ facility.(Court Reporter G. Delatte-Richard.) (SWE) (Entered: 06/05/2020)
74 TRANSCRIPT REQUEST from TRO Hearing by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods for proceedings held on June 3-5, 2020 before Judge John W. deGravelles.. (McCain, Allena) (Main Document 74 replaced on 6/5/2020) (EDC). Modified on 6/5/2020 to flatten document. (EDC). (Entered: 06/05/2020)
75 SUMMONS Returned Executed by I.B., J.H.. All Defendants. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment, # 5 Attachment, # 6 Attachment)(Kumar, Nishi) (Entered: 06/08/2020)
76 SEALED DOCUMENT Notice of TRO Witness' Full Names . (Kumar, Nishi) (Entered: 06/10/2020)
77 Proposed Findings of Fact and Conclusions of Law for TRO Hearing Held June 3-5, 2020 by I.B., J.H.. (Kumar, Nishi) Modified on 6/11/2020 to edit the docket text (KMW). (Entered: 06/10/2020)
78 Proposed Findings of Fact and Conclusion of Law Regarding Plaintiff's Motion for Temporary Restraining Order by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (McCain, Allena) Modified on 6/11/2020 to edit the docket text (KMW). (Entered: 06/10/2020)
79 Proposed Findings of Fact and Conclusion of Law Regarding Plaintiff's Motion for Temporary Restraining Order by John Bel Edwards. (Walsh, John) Modified on 6/11/2020 to edit the docket text (KMW). (Entered: 06/10/2020)

06/12/2020 06/12/2020 06/15/2020 06/15/2020 06/15/2020
06/15/2020
06/19/2020 06/19/2020 06/20/2020

80 Ex Parte MOTION for Extension of Time to Respond to 1 Complaint by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Proposed Order)(McCain, Allena) Modified on 6/15/2020 to edit text (LT). (Entered: 06/12/2020)
81 Ex Parte MOTION for Extension of Time to Respond to Plaintiffs' 1 Complaint by John Bel Edwards. (Block, Matthew) Modified on 6/15/2020 to edit text (LT). (Entered: 06/12/2020)
MOTION(S) REFERRED: 80 Ex Parte MOTION for Extension of Time to Respond to 1 Complaint. This motion is now pending before the USMJ. (LT) (Entered: 06/15/2020)
MOTION(S) REFERRED: 81 Ex Parte MOTION for Extension of Time to Respond to Plaintiffs' Complaint. This motion is now pending before the USMJ. (LT) (Entered: 06/15/2020)
82 ORDER granting 80 The Louisiana Office of Juvenile Justice Defendants' Ex Parte Motion for Extension of Time to Respond to Plaintiff's 1 Complaint pursuant to Local Rule 7(a). The OJJ Defendants are granted a twenty-one (21) dayextension of time, or through and including July 7, 2020, within which to respond to Plaintiffs'Complaint.. Signed by Magistrate Judge Erin Wilder-Doomes on 6/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/15/2020)
83 ORDER granting 81 Ex Parte Motion for Extension of Time to Respond to Plaintiffs' Complaint pursuant to Local Rule 7(a). Governor John Bell Edwards' responsive pleadings are due July 7, 2020. Signed by Magistrate Judge Erin Wilder-Doomes on 6/15/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 06/15/2020)
84 NOTICE of Supplemental Authority by I.B., J.H. (Attachments: # 1 Exhibit 1)(Kumar, Nishi) (Entered: 06/19/2020)
85 MOTION pursuant to Federal Rule of Civil Procedure 23(d) by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Exhibit 3, # 4 Attachment Proposed Order)(Kumar, Nishi) (Attachment 1 replaced on 6/23/2020) (EDC). Modified on 6/23/2020 in accordance with record document 90. (EDC). (Entered: 06/19/2020)
86 MOTION to Substitute Pleading by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Attachment Proposed Order)(Kumar,

06/22/2020
06/22/2020 06/22/2020 06/22/2020 06/22/2020
06/23/2020

Nishi) Modified on 6/22/2020 to edit text. (EDC). (Entered: 06/20/2020)
87 NOTICE of Briefing Schedule on 86 MOTION to Amend : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 06/22/2020)
88 MOTION for Expedited Consideration of 85 MOTION pursuant to Federal Rule of Civil Procedure 23(d) by All Plaintiffs. (Attachments: # 1 Memorandum in Support, # 2 Attachment Proposed Order)(Kumar, Nishi) Modified on 6/22/2020 to edit the docket text (KMW). (Entered: 06/22/2020)
89 MOTION for Extension of Time to File Response to 60 MOTION for Class Certification by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (McCain, Allena) (Entered: 06/22/2020)
90 ORDER: The Notice and briefing schedule issued on 86 is vacated. MOTION 86 to substitute Memorandum in Support of PlaintiffsPetitioners' Motion pursuant to Federal Rule of Civil Procedure 23(d) with the Memorandum that was initially filed at Doc. 85-1 is GRANTED. Signed by Judge John W. deGravelles on 06/22/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 06/22/2020)
91 NOTICE of Briefing Schedule on 85 MOTION pursuant to Federal Rule of Civil Procedure 23(d) : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 06/22/2020)
92 NOTICE of ABBREVIATED Briefing Schedule on 88 MOTION for Expedited Consideration of 85 MOTION pursuant to Federal Rule of Civil Procedure 23(d : Opposition to the motion shall be filed within 14 days from the filing of the motion and shall not exceed 25 pages

06/23/2020 06/23/2020 06/23/2020 06/24/2020 06/26/2020

excluding attachments. The mover may file a reply brief within 7 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 06/23/2020)
MOTION(S) REFERRED: 88 MOTION for Expedited Consideration of 85 MOTION pursuant to Federal Rule of Civil Procedure 23(d, 85 MOTION pursuant to Federal Rule of Civil Procedure 23(d) . This motion is now pending before the USMJ. (KDC) (Entered: 06/23/2020)
93 ORDER granting 89 Motion for Extension of Time until July 17, 2020 to File Response to 60 MOTION for Class Certification. Signed by Judge John W. deGravelles on 06/23/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 06/23/2020)
94 MOTION for Extension of Time to Respond to Plaintiffs 60 Motion for Class Certification by John Bel Edwards. (Walsh, John) Modified on 6/23/2020 to link the entries (KMW). (Entered: 06/23/2020)
95 FINDINGS OF FACT AND CONCLUSIONS OF LAW. Plaintiff's Emergency Motion for Temporary Restraining Order Seeking Immediate Furlough 7 is DENIED. Signed by Judge John W. deGravelles on 6/24/2020. (ELW) (Entered: 06/24/2020)
96 NOTICE OF TELEPHONE CONFERENCE: A telephone conference set for 7/2/20 at 11:30 AM before Magistrate Judge Erin WilderDoomes to discuss the 85 Motion Pursuant to Federal Rule of Civil Procedure 23(d)(Motion), filed by Plaintiffs. Prior to the conference, the parties must, in good faith, confer and attempt to resolve the issues raised in the Motion. The purpose of the telephone conference is to discuss the pending Motion prior to the deadline to file an opposition memorandum, therefore, it is not necessary to provide an opposition memorandum before the telephone conference. If the conference does not resolve the issues raised in the Motion, an opposition memorandum may still be filed within the deadlines imposed by the Courts Abbreviated Briefing Schedule (R. Doc. 92). Counsel participating in the telephone conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. IT IS ORDERED that the 88 Motion for Expedited Consideration is TERMINATED as moot in light of the scheduled telephone conference. (This is a TEXT

ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(EWD) (Entered: 06/26/2020)

07/02/2020

100 Minute Entry/Telephone Scheduling Conference Report and Order for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 7/2/2020. The pending 85 Motion Pursuant to Federal Rule of Civil Procedure 23(d) was discussed. The parties shall comply with the Court's briefing schedule. A reply memorandum may be filed, without leave, within 14 days of the filing of Defendants opposition memorandum and shall be limited to a total of 10 pages. A sur-reply memorandum will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. The parties shall continue to confer and attempt to resolve the issues raised in the 85 Motion. If they are unable to resolve the issues raised in the motion, the parties shall file a joint statement, no longer than 5 pages, explaining the status of their efforts by 7/24/2020. (SWE) (Entered: 07/09/2020)

07/03/2020

97 RESPONSE in Opposition to 85 MOTION pursuant to Federal Rule of Civil Procedure 23(d) filed by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit A - Affidavit of Ellyn Toney, # 2 Exhibit B - Affidavit of Revettea Woods)(Miller, Kyle) (Entered: 07/03/2020)

07/07/2020

98 ANSWER to 1 Class Action Complaint by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods.(Miller, Kyle) Modified on 7/8/2020 to edit text (LT). (Entered: 07/07/2020)

07/07/2020 99 ANSWER to 1 Class Action Complaint by John Bel Edwards.(Walsh, John) Modified on 7/8/2020 to edit text (LT). (Entered: 07/07/2020)

07/17/2020

101 MEMORANDUM in Opposition to 60 MOTION for Class Certification filed by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit 1 - Declaration of Revettea Woods, # 2 Exhibit 2 - Affidavit of Denise Dandridge)(Miller, Kyle) (Main Document 101 replaced on 7/21/2020 to substitute the document in accordance with RD 107) (KMW). (Entered: 07/17/2020)

07/17/2020

102 REPLY Memorandum in Support of 85 MOTION pursuant to Federal Rule of Civil Procedure 23(d) filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Kumar, Nishi) Modified on 7/20/2020 to edit the docket text (KMW). (Entered: 07/17/2020)

07/17/2020 103 MEMORANDUM in Opposition to 60 MOTION for Class Certification filed by John Bel Edwards. (Walsh, John) (Entered: 07/17/2020)

07/20/2020

104 NOTICE OF NON-COMPLIANCE with LR 7(g) as to 101 Memorandum in Opposition to Motion,. REQUIRED CORRECTION: A combined Motion for Leave to Exceed the Page Limits and Motion to Substitute the Incorrect Pleading must filed within 24 hours of this notice. Otherwise, the original filing may be stricken by the Court without further notice. (KMW) (Entered: 07/20/2020)

07/20/2020 105 There is no record document. Entered in error by case administrator. (KMW) (Entered: 07/20/2020)

07/20/2020

106 Unopposed MOTION for Leave to Exceed the Page Limit and to Substitute 101 Pleading by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Memorandum in Opposition to Plaintiffs' Motion for Class Certification)(Miller, Kyle) Modified on 7/20/2020 to edit the docket text and add docket entry relationship (SWE). (Entered: 07/20/2020)

07/21/2020 107 ORDER granting 106 Motion for Leave to Exceed the Page Limit and to Substitute Pleading. Signed by Judge John W. deGravelles on 7/21/2020. (KMW) (Entered: 07/21/2020)

07/23/2020

108 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TRO Hearing before the Honorable John W. deGravelles held on June 3, 2020. Court Reporter: Gina Delatte-Richard. Phone Number: 225-389-3564.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/13/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/21/2020. (Delatte-Richard, Gina) (Entered: 07/23/2020)

07/23/2020

109 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the TRO Hearing before the Honorable John W. deGravelles held on June 4, 2020. Court Reporter: Gina Delatte-Richard. Phone Number: 225-3893564.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/13/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/21/2020. (Delatte-Richard, Gina) (Entered: 07/23/2020)

07/23/2020

110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the TRO Hearing hearing held before the Honorable John W. deGravelles held on June 5, 2020. Court Reporter: Gina Delatte-Richard. Phone Number: 225-389-3564.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/13/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/21/2020. (Delatte-Richard, Gina) (Entered: 07/23/2020)

07/23/2020

111 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Temporary Restraining Order hearing Volume 2 of 5, before Judge John W. deGravelles, held on 6-3-2020. Court Reporter: Natalie W. Breaux, RPR, CRR. Phone Number: 225-389-3565.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the

transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/13/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/21/2020. (Breaux, Natalie) (Entered: 07/23/2020)

07/24/2020

112 NOTICE OF FILING OF OFFICIAL TRANSCRIPT: Plaintiffs' Emergency Motion for Temporary Restraining Order Seeking Immediate Furlough before Judge John W. deGravelles held on 06/04/2020. Court Reporter: Shannon L. Thompson, CCR. Phone Number: 225-389-3567.

NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.lamd.uscourts.gov.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020. (Thompson, Shannon) (Entered: 07/24/2020)

07/24/2020

113 Joint STATUS REPORT by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Kumar, Nishi) Modified on 7/27/2020 to edit the docket text (KMW). (Main Document 113 replaced on 7/29/2020) (ELW). Modified on 7/29/2020 as ordered by rec doc 115 (ELW). (Entered: 07/24/2020)

07/27/2020

114 Joint MOTION to Substitute 113 Joint Status Report by All Plaintiffs. (Attachments: # 1 Proposed Pleading;, # 2 Attachment Proposed Order)(Kumar, Nishi) Modified on 7/27/2020 to link the entries (KMW). (Entered: 07/27/2020)

07/27/2020

MOTION(S) REFERRED: 114 Joint MOTION to Substitute 113 Joint Status Report . This motion is now pending before the USMJ. (KMW) (Entered: 07/27/2020)

07/28/2020

115 ORDER granting 114 Joint MOTION to Substitute R. Doc. 113. The clerk is directed to replace R. Doc. 113 with R. Doc. 114-1. Signed by Magistrate Judge Erin Wilder-Doomes on 7/28/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 07/28/2020)

07/28/2020

116 MOTION for Extension of Time Reply Memorandum in Support of Motion to Certify Class Action by I.B., J.H.. (Attachments: # 1 Attachment Proposed Order)(Ramaswamy, Rebecca) (Entered: 07/28/2020)

07/29/2020

117 RESPONSE in Opposition to 116 MOTION for Extension of Time Reply Memorandum in Support of Motion to Certify Class Action filed by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit A - Emails between K. Miller to L. Aronsson)(Miller, Kyle) (Entered: 07/29/2020)

07/29/2020

118 NOTICE OF HEARING: Hearing, via video teleconference, set for 8/6/2020 at 3:00 PM before Magistrate Judge Erin Wilder-Doomes to discuss the 88 Motion Pursuant to Federal Rule of Civil Procedure 23(d) ("Motion"), in light of the parties' 113 Joint Status Report ("Report"). The parties should be prepared to discuss the remaining unresolved issue raised in the Motion and Report, as well as their efforts to resolve said issue since the filing of the Report. No additional briefing on this issue is necessary. Participant instructions are attached. (BLR) (Entered: 07/29/2020)

07/29/2020

119 ORDER denying as moot 88 Motion for Expedited Hearing on Plaintiffs/Petitioners' Motion Pursuant to Federal Rule Civil Procedure 23(d) in light of the July 2, 2020 telephone conference and 118 Order setting August 6, 2020 hearing. Signed by Magistrate Judge Erin Wilder-Doomes on 07/29/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (EWD) (Entered: 07/29/2020)

07/29/2020

120 MOTION for Summary Judgment by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Statement of Undisputed Facts, # 2 Memorandum in Support, # 3 Exhibit A Declaration of R. Woods)(Miller, Kyle) (Entered: 07/29/2020)

07/29/2020

121 ORDER granting 116 Motion for Extension of Time. Plaintiffs are granted a fourteen (14) day extension of time, or until 8/14/2020, within which to reply to Defendants' Memorandum in Opposition to Plaintiffs' Motion to Certify Class Action. Signed by Judge John W. deGravelles on 7/29/2020. (EDC) (Entered: 07/29/2020)

07/30/2020

122 NOTICE of Briefing Schedule on 120 MOTION for Summary Judgment : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 07/30/2020)

07/31/2020

123 Notice to Counsel Resetting Hearing: The video teleconference, set for 8/6/2020, has been RESET for 9:00 AM. NOTE: TIME CHANGE ONLY. Please refer to 118 Notice of Hearing for participant instructions. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.). (BLR) (Entered: 07/31/2020)

08/05/2020

124 MOTION for Extension of Time to Respond to 120 MOTION for Summary Judgment by All Plaintiffs. (Attachments: # 1 Proposed Order)(Adcock, John) Modified on 8/5/2020 (SWE). (Entered: 08/05/2020)

08/06/2020

125 RESPONSE in Opposition to 124 MOTION for Extension of Time to Respond to 120 MOTION for Summary Judgment filed by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit 1 - Emails between K. Miller and J. Adcock)(Miller, Kyle) (Entered: 08/06/2020)

08/06/2020

126 ORDER granting 124 Motion for Extension of Time until 9/9/2020 to File Response to 120 MOTION for Summary Judgment . Any Replies shall be filed no later than 9/23/2020. Signed by Judge John W. deGravelles on 08/06/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 08/06/2020)

08/06/2020

127 Minute Entry/Video Hearing Report and Order for proceedings held before Magistrate Judge Erin Wilder-Doomes: Motion Hearing held on 8/6/2020 re 85 MOTION Pursuant to Federal Rule of Civil Procedure 23(d) filed by I.B., J.H. The court granted the motion as set forth herein. (SWE) (Entered: 08/11/2020)

08/06/2020

128 ORAL ORDER granting 85 Motion Pursuant to Federal Rule of Civil Procedure 23(d). Signed by Magistrate Judge Erin Wilder-Doomes on 8/6/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or

PDF document associated with this entry.) (SWE) (Entered: 08/11/2020)

08/13/2020

129 MOTION to Withdraw 60 MOTION for Class Certification by All Plaintiffs. (Attachments: # 1 Memorandum in Support)(Adcock, John) (Entered: 08/13/2020)

08/13/2020

130 NOTICE of ABBREVIATED Briefing Schedule on 129 MOTION to Withdraw 60 MOTION for Class Certification : Opposition to the motion shall be filed within 14 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 7 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. SurReply briefs will be permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 08/13/2020)

08/13/2020 131 NOTICE of Letter to Judge John W. deGravelles by The Louisiana Office of Juvenile Justice re 129 MOTION to Withdraw 60 MOTION for Class Certification (SWE) (Entered: 08/13/2020)

08/27/2020

132 RESPONSE in Opposition to 129 MOTION to Withdraw 60 MOTION for Class Certification filed by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Exhibit A Declaration of Kyle V. Miller, # 2 Exhibit B - McGregory Motion for Class Certification & to Stay Briefing Pending Completion of Discovery, # 3 Exhibit C - Geismann Motion for Class Certification, # 4 Exhibit D - 3081 Main Street Motion and Stay for Class Certification, # 5 Exhibit E - Letter of Representation)(Miller, Kyle) (Entered: 08/27/2020)

09/03/2020

133 REPLY Memorandum in Support of 129 MOTION to Withdraw 60 MOTION for Class Certification , 132 Response in Opposition to Motion,, filed by All Plaintiffs. (Kumar, Nishi) Modified on 9/4/2020 to edit text (LLH). (Entered: 09/03/2020)

09/09/2020

134 ORDER denying as moot 94 Motion for Extension of Time to Respond to Plaintiffs 60 Motion for Class Certification by John Bel Edwards. Signed by Judge John W. deGravelles on 09/09/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (KDC) (Entered: 09/09/2020)

09/09/2020

135 RULE 56(d) MOTION TO DEFER OR DENY OJJ DEFENDANTS' MOTION FOR SUMMARY JUDGMENT PENDING DISCOVERY filed by All Plaintiffs. (Attachments: # 1 Memorandum Opposing OJJ's

Motion for Summary Judgement and Supporting Plaintiff's Rule 56(d) Motion to Defer or Deny OJJ's Motion Pending Discovery, # 2 Exhibit Kumar Declaration, # 3 Statement of Undisputed Facts Opposing Statement of Material Facts)(Ramaswamy, Rebecca) Modified on 9/10/2020 to edit text and event (LLH). Modified on 9/11/2020 to edit text (LLH). (Entered: 09/09/2020)

09/23/2020

136 Unopposed MOTION for Extension of Time to File Response to 120 MOTION for Summary Judgment (Reply Memorandum In Support of Motion) by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, The Louisiana Office of Juvenile Justice, Rodney Ward, James Woods. (Attachments: # 1 Attachment Proposed Order)(McCain, Allena) (Entered: 09/23/2020)

09/24/2020

137 ORDER granting 129 Motion to Withdraw 60 MOTION for Class Certification and denying without prejudice 60 Motion to Certify Class; granting 135 Rule 56(d) Motion to Defer or Deny OJJ Defendants' Motion for Summary Judgment Pending Discovery; denying without prejudice 120 Motion for Summary Judgment; and denying as moot 136 Motion for Extension of Time to File Response to 60 MOTION for Class Certification. This matter is referred to the Magistrate Judge for a scheduling and discovery conference. Signed by Judge John W. deGravelles on 9/24/2020. (EDC) (Entered: 09/24/2020)

09/25/2020

138 SCHEDULING CONFERENCE ORDER: Scheduling Conference set for 11/12/2020 at 03:30 PM in chambers before Magistrate Judge Erin Wilder-Doomes. Status Report due by 10/29/2020. Signed by Magistrate Judge Erin Wilder-Doomes on 9/25/2020. (BLR) (Entered: 09/25/2020)

10/13/2020

139 SETTLEMENT CONFERENCE ORDER: Settlement Conference set for 11/10/2020 at 01:30 PM by video before Magistrate Judge Erin Wilder-Doomes. Signed by Magistrate Judge Erin Wilder-Doomes on 10/13/2020. (Attachments: # 1 Participant Instructions)(BLR) (Entered: 10/13/2020)

10/20/2020

140 MOTION to Dismiss for Lack of Subject Matter Jurisdiction by Edward Dustin Bickham, Shawn Herbert, Shannon Matthews, Rodney Ward, James Woods. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Woods Affidavit)(Miller, Kyle) (Entered: 10/20/2020)

10/21/2020

141 NOTICE of Briefing Schedule on 140 MOTION to Dismiss for Lack of Subject Matter Jurisdiction : Opposition to the motion shall be filed within 21 days from the filing of the motion and shall not exceed 25 pages excluding attachments. The mover may file a reply brief within 14 days of the filing of the opposition and shall be limited to a total of 10 pages. No motion for leave will be required. Sur-Reply briefs will be

permitted only with leave of Court for extraordinary reasons supported by sufficient facts. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 10/21/2020)

10/26/2020 142 Joint MOTION to Continue Scheduling Conference by I.B., J.H.. (Ramaswamy, Rebecca) (Entered: 10/26/2020)

10/27/2020

MOTION(S) REFERRED: 142 Joint MOTION to Continue Scheduling Conference . This motion is now pending before the USMJ. (SWE) (Entered: 10/27/2020)

10/27/2020

143 ORDER granting 142 Joint Motion to Continue Scheduling Conference. Status Report due by 12/3/2020. Scheduling Conference reset for 12/17/2020 at 10:00 AM in chambers before Magistrate Judge Erin Wilder-Doomes. Signed by Magistrate Judge Erin Wilder-Doomes on 10/27/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (BLR) (Entered: 10/27/2020)

11/09/2020

144 NOTICE of TELEPHONE CONFERENCE: In light of the attached correspondence to the court, a Telephone Conference is set for 11/9/2020 at 11:30 AM before Magistrate Judge Erin Wilder-Doomes. Counsel participating in the Conference shall call 877-336-1839 using access code 9565780 five minutes prior to conference. ( (BLR) (Entered: 11/09/2020)

11/09/2020

145 TELEPHONE CONFERENCE REPORT AND ORDER/Minute Entry for proceedings held before Magistrate Judge Erin Wilder-Doomes: Telephone Conference held on 11/9/2020. The parties discussed the Plaintiffs request to excuse minor I.B. from participation in the settlement conference scheduled for November 10, 2020. IT IS ORDERED that I.B. is excused from personal participation at the November 10, 2020 settlement conference for good cause. IT IS FURTHER ORDERED that the parties shall confer prior to the November 10, 2020 settlement conference to discuss the parameters of the claims to be addressed in the conference and be prepared to report on this discussion at the outset of the settlement conference. Signed by Magistrate Judge Erin Wilder-Doomes on 11/9/2020. (BLR) (Entered: 11/10/2020)

11/10/2020

146 MEMORANDUM in Opposition to 140 MOTION to Dismiss for Lack of Subject Matter Jurisdiction filed by I.B., J.H.. (Attachments: # 1 Exhibit Declaration of N.H.)(Ramaswamy, Rebecca) (Entered: 11/10/2020)

11/10/2020

147 Minute Entry/Video Settlement Conference Report and Recommendation for settlement conference held before Magistrate Judge Erin Wilder-Doomes on 11/10/2020. The parties reached amicable resolution of all claims in this matter subject to the terms and conditions identified on the record. IT IS RECOMMENDED that a 60day conditional order of dismissal issue. (EWD) (Entered: 11/10/2020)

11/12/2020

148 ORDER OF DISMISSAL: This action is hereby DISMISSED without prejudice to the right, upon good cause shown within sixty (60) days, to reopen the action if the settlement is not consummated. Signed by Judge John W. deGravelles on 11/12/2020. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.)(KDC) (Entered: 11/12/2020)

11/13/2020

149 GENERAL ORDER: All pleadings and other papers filed under seal in civil and criminal actions shall be maintained under seal for thirty days following final disposition of the action. After that time, all sealed pleadings and other papers shall be placed in the case record unless a District Judge or Magistrate Judge, upon motion and for good cause shown, orders that the pleading or other paper be maintained under seal.

The deadline for filing any motions regarding the unsealing of any document shall be within thirty days of the final disposition of any action and shall contain a concise statement of reasons for maintaining the pleading or other paper under seal.

ATTENTION: If a motion to retain documents under seal is NOT filed, all documents shall be placed in the public case record, unless specifically identified in the attached General Order

. Signed by Chief Judge Shelly D. Dick on 07/08/2019. (NLT) (Entered: 11/13/2020)

12/09/2020

150 Joint MOTION to Seal by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Kumar, Nishi) Modified on 12/10/2020 to edit the docket text (KMW). (Entered: 12/09/2020)

12/10/2020 151 ORDER granting 150 Motion to Seal. Signed by Judge John W. deGravelles on 12/10/2020. (NLT) (Entered: 12/10/2020)

01/11/2021

152 Joint MOTION to Extend Dismissal Deadline by 30 Days by All Plaintiffs. (Attachments: # 1 Attachment Proposed Order)(Ramaswamy, Rebecca) Modified on 1/11/2021 to edit the docket text (KMW). (Entered: 01/11/2021)

01/12/2021 153 ORDER granting 152 Joint Motion to Extend Dismissal Deadline by 30 Days. The dismissal deadline is 2/10/2021. Signed by Judge John W. deGravelles on 1/12/2021. (KMW) (Entered: 01/12/2021)

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 Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 1 of 47

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

J.H., by and through his mother and next friend, N.H.; I.B., by and through his parents and next friends, A.B. and I.B., on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
-against-

CIVIL ACTION NO. CLASS ACTION

JOHN BEL EDWARDS, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA; THE LOUISIANA OFFICE OF JUVENILE JUSTICE; EDWARD DUSTIN BICKHAM, IN HIS OFFICIAL CAPACITY AS INTERIM DEPUTY SECRETARY OF THE LOUISIANA OFFICE OF JUVENILE JUSTICE; JAMES WOODS, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE ACADIANA CENTER FOR YOUTH; SHANNON MATTHEWS, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE BRIDGE CITY CENTER FOR YOUTH; SHAWN HERBERT, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT MONROE; and RODNEY WARD, IN HIS OFFICIAL CAPACITY AS THE DEPUTY DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT COLUMBIA,

Defendants-Respondents.

CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND PETITION FOR WRIT OF HABEAS CORPUS

1

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TABLE OF CONTENTS
INTRODUCTION ......................................................................................................................... 1 JURISDICTION AND VENUE .................................................................................................... 6 PARTIES ....................................................................................................................................... 6 FACTUAL ALLEGATIONS ........................................................................................................ 9
I. COVID-19 Is a Serious and Deadly Global Pandemic That Threatens the Lives of Louisiana Citizens and Its Incarcerated Children .................................... 9
a. COVID-19 Is Particularly Severe in Louisiana ....................................... 15 b. Incarcerated People Are Especially Vulnerable to COVID-19 ............... 16 c. Placement in an OJJ Facility during the COVID-19 Pandemic
Creates Risk of Serious Emotional and Psychological Harm .................. 20 d. Releasing As Many Children As Possible Will Protect Those
Children—and the Surrounding Communities—From Substantial Risk of Serious Harm............................................................................... 22
II. OJJ’s Insufficient Response to COVID-19 Places the Putative Class at a Substantial Risk of Serious Harm ........................................................................ 23
a. Defendants-Respondents Have Either Sought to Obscure Their COVID-19 Policies From Plaintiffs-Petitioners, Parents, the Public, and Advocacy Groups—or Have Failed to Devise a Comprehensive Plan ................................................................................ 24
b. OJJ’s Policies are Inadequate to Care for COVID-19 Positive Children or to Prevent the Spread of COVID-19..................................... 27
c. OJJ’s Policies Place Children at a Substantial Risk of Serious Long-Term Mental, Developmental and Emotional Harm...................... 30
CLASS ACTION ALLEGATIONS ............................................................................................ 32
I. The Plaintiff Class................................................................................................ 33 II. Rule 23(a) Factors................................................................................................ 33
a. Numerosity—Fed. R. Civ. P. 23(a)(1) ..................................................... 33 b. Commonality—Fed. R. Civ. P. 23(a)(2).................................................. 34 c. Typicality—Fed. R. Civ. P. 23(a)(3) ....................................................... 35 d. Adequacy—Fed. R. Civ. P. 23(a)(4)........................................................ 36
III. Rule 23(b)(2)........................................................................................................ 36 IV. Rule 23(b)(1)(A) .................................................................................................. 37
CLAIMS FOR RELIEF ............................................................................................................... 37
I. 42 U.S.C. § 1983 Unlawful Conditions of Confinement and Deprivation of Due Process (Fourteenth Amendment) ................................................................ 37
II. 42 U.S.C. § 1983 Unlawful Conditions of Confinement (Eighth Amendment) ........................................................................................................ 39
PRAYER FOR RELIEF .............................................................................................................. 40
-i-

Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 3 of 47
On information and belief, INTRODUCTION
1. Plaintiffs-Petitioners are children who have been adjudicated delinquent and are currently confined in one of four secure care facilities operated by the Louisiana Office of Juvenile Justice (“OJJ”). These facilities are: Acadiana Center for Youth in Bunkie; Bridge City Center for Youth; Swanson Center for Youth Columbia; and Swanson Center for Youth Monroe.1 Plaintiffs-Petitioners bring this action on behalf of themselves and all other children similarly situated, as well as those children who may in the future be subject to confinement in one of the four OJJ facilities throughout the duration of the Coronavirus Disease 19 (“COVID-19”) pandemic. Plaintiffs-Petitioners seek declaratory and injunctive relief for DefendantsRespondents to comply with basic constitutional guarantees against cruel and unusual punishment and due process of law, including an order requiring Defendants-Respondents to (i) release class members who meet the criteria set forth herein for presumptive release; (ii) adopt procedures to determine, on an ongoing basis while the pandemic persists, whether confinement is appropriate for any other children remaining in, or facing, confinement in OJJ facilities; (iii) implement remedial measures to ensure the physical safety as well as social and psychological well-being of children remaining in OJJ facilities; and (iv) provide class members in custody the treatment and rehabilitation services required by statute and the United States Constitution. Such relief is necessary to protect the physical and emotional safety and well-being of the class members from the unprecedented effects of COVID-19.
2. COVID-19 is a deadly global pandemic caused by a novel coronavirus that has infected over 4 million people and killed more than 298,000 people worldwide in just five
1 State of Louisiana, Office of Juvenile Justice, Youth in Secure Care Facilities, https://ojj.la.gov/servingyouth-families/youth-in-secure-care-facilities/ (last visited May 14, 2020).
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months.2 As of May 14, 2020, more than 1.38 million people in the United States have tested
positive for COVID-19, and more than 84,000 have died from the illness.3 Both the number of
confirmed cases and the number of deaths continue to rise daily.4 Louisiana is among the hardest
hit states in the United States, with approximately 32,000 confirmed cases and over 2,300 deaths
to date.5 It has become increasingly clear that children and young adults are fully susceptible to
COVID-19. While the full effects of the disease on children are not fully known, recent reports
suggest that children may be vulnerable to life-threatening complications both during and after
the infection itself appears to have resolved.6 And, while children may not always develop
symptoms, they unquestionably play a role in the transmission and spread of COVID-19.7
3. Recent scientific projections suggest the crisis will only worsen. As of May 4,
2020, the Institute for Health Metrics and Evaluation at the University of Washington’s School
of Medicine is predicting over 147,000 COVID-19-related fatalities in the United States by
August 2020, up from a previous prediction of 72,000.8 Factoring in the scientists’ margin of
error, the new United States fatality prediction over the next couple months ranges from 95,000
to 243,000.9
2 Coronavirus Resource Center, JOHNS HOPKINS UNIVERSITY, https://coronavirus.jhu.edu/map.html (last visited May 14, 2020). 3 Id. 4 Id. 5 Louisiana Department of Health, Louisiana Department of Health Updates for 4/22/2020, http://ldh.la.gov/index.cfm/newsroom/detail/5557, (last visited May 14, 2020). 6 See, e.g., Joseph Goldstein, 15 Children Are Hospitalized With Mysterious Illness Possibly Tied to COVID-19, N.Y. TIMES (May 5, 2020), https://www.nytimes.com/2020/05/05/nyregion/childrenKawasaki-syndrome-coronavirus.html; Ex. 1, Graves Decl. ¶ 7. 7 CDC, Morbidity and Mortality Weekly Report (Apr. 10, 2020), https://www.cdc.gov/mmwr/volumes/69/wr/mm6914e4.htm. 8 Alice Miranda Ollstein & Caitlin Oprysko, Models shift to predict dramatically more U.S. deaths as states relax social distancing, POLITICO (May 4, 2020), https://www.politico.com/news/2020/05/04/cdcdaily-deaths-coronavirus-234377. 9 Id.
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4. While Louisiana has encouraged people in most communities to practice social isolation and heightened hygiene measures to protect themselves from COVID-19, it is impossible for individuals who are incarcerated to adhere to such protective measures. Incarcerated individuals live in close and crowded quarters, have limited access to soap or other sanitizing agents, and are unable to take basic steps to clean their own living surroundings.
5. Correctional facilities, including juvenile correctional facilities such as OJJ’s four secure facilities, are among the top “hotspots” for coronavirus transmission in the country.10 Indeed, as of May 14, 2020, 28 of the incarcerated children and 41 staff working in those four secure care facilities have tested positive for COVID-19.11 These numbers surely are just the tip of the iceberg, as OJJ has tested only 29 children—producing a positive test rate of 97%. The low rate of testing and extraordinarily high rate of infection portends a dire picture going forward in the absence of appropriate physical distancing and other necessary protective measures in the four OJJ secure care facilities.
6. On March 23, 2020, the CDC issued Interim Guidance on Management of Coronavirus Disease 2019 in Correctional and Detention Facilities (“CDC Guidance”).12 The CDC Guidance provides, among other things, that correctional and detention facilities should coordinate closely with their local public health departments, facilitate social distancing wherever possible, and restrict transfer to and from other facilities or jurisdictions unless necessary. Individuals with COVID-19 must be carefully monitored and transferred to the nearest hospital
10 C.J. Ciaramella, 8 of the 10 Biggest U.S. Coronavirus Hotspots are Prisons and Jails, REASON (April 29, 2020), https://reason.com/2020/04/29/8-of-the-top-10-biggest-u-s-coronavirus-hotspots-are-prisonsand-jails/. 11 State of Louisiana, Office of Juvenile Justice, OJJ COVID-19 Information, https://ojj.la.gov/ojj-covid19-information/ (last visited May 14, 2020). 12 CDC, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html (“CDC Guidance”).
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if their physical health deteriorates or if their condition worsens.13 The American Academy of
Pediatrics has urged that facilities release all children who can be safely cared for in the
community and restrict new admissions to correctional settings.14 This guidance echoes similar
calls by medical and correctional experts for a sharp reduction in the number of incarcerated
children to mitigate the devastating effects of this pandemic on children, staff, and communities.15
7. OJJ has not significantly reduced the population of confined children16 and has
failed to implement an updated pandemic policy or a remedial plan that complies with CDC
Guidance with respect to the four OJJ secure care facilities. Despite a high-risk environment and
a 97% positive test rate among children who have been tested, OJJ has failed to test all children
in their custody, failed to facilitate social distancing, failed to restrict transfer among facilities,
failed to carefully monitor those who have tested positive, and failed to provide for the basic
hygiene of confined children. These failures show that OJJ has ignored the recommended CDC
guidelines and thus knowingly placed the lives and health of these children at substantial risk of
serious irreparable harm, including death, as well as jeopardized the health and safety of secure
care facility staff members, their families, and their communities. OJJ has simply relied heavily
13 Id. 14 Responding to the Needs of Youth Involved With the Justice System During the COVID-19 Pandemic, AM. ACAD. PEDIATRICS (May 6, 2020), https://services.aap.org/en/pages/2019-novel-coronavirus-covid19-infections/responding-to-the-needs-of-youth-involved-with-the-justice-system--during-the-covid-19pandemic/. 15 National Governors Association, Memorandum re: COVID-19 Responses in the Juvenile Justice System (March 30, 2020), https://www.nga.org/wp-content/uploads/2020/04/Memorandum_COVID-19Responses-in-the-Juvenile-Justice-System.pdf; Council of Juvenile Justice Administrators, COVID-19 Practice, Policy & Emergency Protocols in State Juvenile Facilities (May 2020), http://cjja.net/wpcontent/uploads/2020/05/COVID-19-Issue-Brief-.pdf; Physicians for Criminal Justice Reform, Memorandum re: COVID-19 Risks for Detained and Incarcerated Youth (March 22, 2020), https://njdc.info/wp-content/uploads/PFCJR-Statement.pdf; Youth Correctional Leaders for Justice, Recommendations for Youth Justice Systems During the COVID-19 Emergency, https://yclj.org/covid19statement; see also U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, Emergency Planning for Juvenile Justice Residential Facilities, 32 (Oct. 2011), https://www.ncjrs.gov/pdffiles1/ojjdp/234936.pdf. 16 Ex. 2, Schiraldi, et al. Decl. ¶¶ 21–24.
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on dorm lockdown and solitary confinement as a “safety” measure, placing Plaintiff-Petitioners at a high risk of lasting psychological damage.
8. In addition to failing to adopt CDC-recommended safety measures, DefendantsRespondents are also confining children without the rehabilitative services to which they are entitled under federal and state law. The Louisiana Constitution explicitly provides that children in OJJ custody are confined for the purpose of receiving “rehabilitation and individual treatment,” and requires the State in its role as “parens patriae,” to manage the welfare of juveniles in State custody.17 While OJJ’s failure to meet the required safety guidelines itself imperils children’s lives, the cessation of all (or nearly all) educational, counseling, recreational and mental health services in light of the pandemic also endangers the physical and emotional wellbeing of Plaintiffs-Petitioners, and strips the state of its express legal justification for their continued confinement.
9. Defendants-Respondents’ virtually non-existent (and in any event wholly inadequate) COVID-19 response constitutes deliberate indifference to the substantial risk of dire physical and emotional harm threatening the Plaintiffs-Petitioners and all class members currently in OJJ custody. Accordingly, Plaintiffs-Petitioners, on behalf of themselves and the putative class they are endeavoring to represent, seek declaratory and injunctive relief, and petition the Court for a writ of habeas corpus, against all Defendants-Respondents to prevent the continued violation of their constitutional rights.
17 Pursuant to Louisiana Constitution Article V, § 19, the nature of the Louisiana juvenile justice system is manifested in a non-criminal “focus on rehabilitation and individual treatment rather than retribution, and the state’s role as parens patriae in managing the welfare of the juvenile in state custody.” In re C.B., 708 So. 2d 391, 397 (La. 1998).
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JURISDICTION AND VENUE 10. Plaintiffs-Petitioners bring this putative class action pursuant to 22 U.S.C. § 2241, 42 U.S.C. § 1983, and 28 U.S.C. §§ 2201, 2202, for relief from both detention and conditions of confinement that violate the Eighth and Fourteenth Amendments. 11. This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C. § 2241 (habeas corpus), 28 U.S.C. § 1651 (All Writs Act), 28 U.S.C. § 1343(a) (civil rights jurisdiction), and 28 U.S.C. § 1331 (federal question jurisdiction). 12. Venue is proper in this district under 28 U.S.C. § 1391(b)(2) because the events giving rise to the claims asserted in this complaint substantially occurred in this judicial district. 13. This Court has jurisdiction to award attorneys’ fees and costs pursuant to 42 U.S.C. § 1988 and 28 U.S.C. § 1920. 14. This Court has jurisdiction to grant declaratory relief pursuant to 28 U.S.C. §§ 2201 and 2202.
PARTIES 15. Plaintiff J.H. is a minor currently confined at Acadiana Center for Youth who was previously confined at Bridge City Center for Youth. J.H. brings this lawsuit through his mother and next friend, N.H., who is an adult resident of the state of Louisiana. N.H. brings this action on J.H.’s behalf pursuant to Fed. R. Civ. P. 17(c)(2). N.H. is dedicated to the best interests of J.H. and will advocate for those best interests in this action. J.H. and N.H. are concerned about J.H.’s health and well-being.18 16. Plaintiff-Petitioner I.B. is a minor currently confined at Acadiana Center for Youth. I.B. brings this lawsuit through his parents and next friends, A.B. and I.B., who are adult
18 Ex. 3, N.H. Decl. ¶ 4.
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residents of the state of Louisiana. A.B. and I.B bring this action on I.B.’s behalf pursuant to Fed. R. Civ. P. 17(c)(2). A.B. and I.B. are dedicated to the best interests of I.B. and will advocate for those best interests in this action.
17. Defendant John Bel Edwards is the Governor of Louisiana (“Governor Edwards”). Governor Edwards has the responsibility to “support the constitution and laws of the state and of the United States and shall see that the laws are faithfully executed,” pursuant to the Louisiana Constitution, Article IV, § 5. Further, he is entrusted with the authority to act in times of emergency, pursuant to Louisiana R.S. § 29.724(D)(1), and has the ultimate authority for ensuring that all executive agencies, including OJJ and the Louisiana Department of Health (“LDH”), function in compliance with state and federal laws. Governor Edwards spearheads Louisiana’s decision making regarding COVID-19 and OJJ policies, including those regarding the appropriateness of OJJ’s COVID-19 mitigation plan within facilities. Governor Edwards has failed to fulfill his duty to oversee the Secretary of Health and ensure that LDH is providing sufficient guidance to OJJ. Governor Edwards has the power, but to date has failed, to ensure that OJJ and the LDH implement adequate policies and procedures to protect PlaintiffsPetitioners and the putative class from the harms of COVID-19. He can be served at 900 N. 3rd Street #4, Baton Rouge, LA 70802.
18. Defendant OJJ is responsible for all children adjudicated delinquent and assigned to their care by the court system, either for supervision or custody in residential placement or its secure care facilities. OJJ can be served at 7919 Independence Blvd., State Police Headquarters, First Floor, Baton Rouge, LA 70806.
19. Defendant Edward Dustin Bickham is the Interim Deputy Secretary of OJJ. The Deputy Secretary is appointed by Governor Edwards, serves as the agency head of OJJ, and is
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responsible for all OJJ operations. He can be served at 7919 Independence Blvd., State Police Headquarters, First Floor, Baton Rouge, LA 70806.
20. Defendant James Woods is the Director of the Acadiana Center for Youth. In this capacity, he is responsible for the operation of the Acadiana Center for Youth, where PlaintiffsPetitioners are detained, and has immediate physical custody of Plaintiffs-Petitioners. He can be served at 1536 Bordelon Road, Bunkie, LA 71322.
21. Defendant Shannon Matthews is the Director of the Bridge City Center for Youth. In this capacity, she is responsible for the operation of the Bridge City Center for Youth, where Plaintiffs-Petitioners are detained, and has immediate physical custody of Plaintiffs-Petitioners. She can be served at 3225 River Road, Bridge City, LA 70094.
22. Defendant Shawn Herbert is the Director of the Swanson Center for Youth at Monroe. In this capacity, she is responsible for the operation of the Swanson Center for Youth at Monroe, where Plaintiffs-Petitioners are detained, and has immediate physical custody of Plaintiffs-Petitioners. Defendant Herbert is also the Director of the Swanson Center for Youth at Columbia. In this capacity, she is responsible for the operation of the Swanson Center for Youth at Columbia, where Plaintiffs-Petitioners are detained, and has immediate physical custody of Plaintiffs-Petitioners. She can be served at 4701 South Grand St., Monroe, LA 71202, or 132 Hwy 850, Columbia, LA 71418.
23. Defendant Rodney Ward is the Deputy Director of the Swanson Center for Youth at Columbia. In this capacity, he is responsible for the operation of the Swanson Center for Youth at Columbia, where Plaintiffs-Petitioners are detained, and has immediate physical custody of Plaintiffs-Petitioners. He can be served at 132 Hwy 850, Columbia, LA 71418.
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FACTUAL ALLEGATIONS I. COVID-19 Is a Serious and Deadly Global Pandemic That Threatens the Lives of
Louisiana Citizens and Its Incarcerated Children 24. COVID-19 is a highly contagious virus for which there is no current vaccine and no proven, effective therapies.19
25. COVID-19 is an acute respiratory syndrome that can cause pneumonia, acute
respiratory distress syndrome, respiratory failure, heart failure, sepsis, and other potentially fatal conditions.20 Lab testing and imaging is required to appropriately evaluate and provide treatment
to patients with COVID-19. One-fifth of all confirmed cases cause serious illness, including
respiratory damage that requires hospitalization and mechanical ventilation and can permanently damage the lungs and other organs of those lucky enough to survive.21
26. Treatment for severe cases of COVID-19 includes respiratory isolation, oxygen, and mechanical ventilation.22 Symptoms can range from fever, cough, chest pain, and headache to loss of smell, abdominal pain, rash, diarrhea, aches, and vomiting.23 However, medical experts
are quickly learning about this new disease, and new symptoms “from the brain to the toes”
19 Ex. 4, Vassallo Decl. ¶¶ 2, 3. 20 Fei Zhou et al., Clinical Course and Risk Factors for Mortality of Adult Inpatients with COVID-19 in Wuhan, China: A Retrospective Cohort Study, 395 LANCET 1054 (Mar. 11, 2020), https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)30566-3/fulltext. 21 “While about 80% of cases manifest as a mild illness (i.e. non-pneumonia or mild pneumonia), approximately 20% progress to a more severe illness, with 6% requiring specialist medical care, including mechanical ventilation.” Preparedness, Prevention and Control Of COVID-19 In Prisons and Other Places Of Detention: Interim Guidance, WORLD HEALTH ORGANIZATION, 10 (Mar. 15, 2020), http://www.euro.who.int/en/health-topics/health-determinants/prisons-andhealth/publications/2020/preparedness,-prevention-and-control-of-covid-19-in-prisons-and-other-placesof-detention,-15-march-2020. 22 Ex. 4, Vassallo Decl. ¶ 16. 23 Steven Johnson & Dana Gottlieb, Breaking News: Update on Evaluation and Management for COVID19 Patients, EMERGENCY MEDICINE NEWS (March 31, 2020), https://journals.lww.com/emnews/blog/breakingnews/pages/post.aspx?PostID=508.
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continue to emerge.24 Screening for cough or fever is not sufficient to exclude the possibility of infection from COVID-19.25 Even testing is not entirely reliable; fifteen percent of patients who are tested for COVID-19 have a false negative.26 Symptoms can rapidly worsen, with people
who appear to have mild cases quickly developing severe symptoms that require medical intervention and life-saving measures immediately upon arrival at the hospital.27
27. There are no reliable tests that can predict the course of a COVID-19 patient’s illness.28 Some patients have adequate oxygen saturation for days and then deteriorate.29 There are no signs or symptoms that can be used to predict clinical deterioration.30 It is therefore critical
that patients who test positive or likely positive (known as persons under investigation) for
COVID-19 or who have been exposed and show symptoms be within easy transportable distance of hospitals in the event that more critical care is necessary.31 Importantly, COVID-19 patients
are not always aware of the lack of oxygen in their bodies and can be on the edge of death without gasping for breath or feeling the need for oxygen.32
28. COVID-19 is especially concerning—and dangerously contagious—because a
high percentage of infected individuals are asymptomatic. The CDC advises people to
“[r]emember that some people without symptoms may be able to spread [the] virus,” that
“[k]eeping distance from others is especially important for people who are at higher risk of getting
24 Lenny Bernstein & Ariana Eunjung Cha, Doctors keep discovering new ways the coronavirus attacks the body, THE WASHINGTON POST (May 10, 2020), https://www.washingtonpost.com/health/2020/05/10/coronavirus-attacks-body-symptoms/?arc404=true. 25 Ex. 4, Vassallo Decl. ¶ 8. 26 Id. ¶ 7. 27 Id. 28 Id. 29 Id. 30 Id. 31 Id. 32 Id.
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very sick,” and that “[y]ou could spread COVID-19 to others even if you do not feel sick.”33 The
Director of the CDC has warned that as many as 25% of individuals infected with COVID-19
may be symptom-free.34 With limited testing performed on asymptomatic patients, authorities
cannot confirm or rule out the presence of COVID-19 in an individual.35
29. Severe COVID-19 patients can suffer acute respiratory distress syndrome
(“ARDS”). When a patient has ARDS, the lungs fill with fluid, and the patient becomes
extremely difficult to oxygenate. The only way to manage ARDS is to put the patient on a
ventilator. The mortality rate for ARDS is 40%.36 COVID-19 patients can develop ARDS very
quickly, and the severity and sensation of ARDS for COVID-19 patients is similar to drowning.37
30. COVID-19 is highly transmissible. Recent estimates by the CDC suggest that, in
community settings, each infected person transmits the virus to 5.7 other persons on average.38
Only the influenza pandemic of 1918 is known to have higher infectivity among pandemics.39
COVID-19 is transmitted by respiratory droplets that can survive in the air for up to three hours—
and on surfaces such as plastic and stainless steel for two to three days.40 The virus can also be
33 CDC, Coronavirus Disease 2019 (COVID-19): How to Protect Yourself and Others, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html (last visited May 14, 2020) (“How to Protect Yourself, CDC”). 34 Ex. 4, Vassallo Decl. ¶ 15. 35 Id. 36 Tai Pham & Gordon D. Rubenfeld, The Epidemiology of Acute Respiratory Distress Syndrome, 195 AM. J. RESPIRATORY & CRITICAL CARE MED. 860 (Apr. 1, 2017), https://www.atsjournals.org/doi/pdf/10.1164/rccm.201609-1773CP. 37 Lizzie Presser, A Medical Worker Describes Terrifying Lung Failure From COVID-19—Even in His Young Patients, PROPUBLICA (Mar. 21, 2020), https://www.propublica.org/article/a-medical-workerdescribes--terrifying-lung-failure-from-covid19-even-in-his-young-patients. 38 Steven Sanche et al., High Contagiousness and Rapid Spread of Severe Acute Respiratory Syndrome Coronavirus 2, CDC, EMERGING INFECTIOUS DISEASES (Apr. 7, 2020), https://wwwnc.cdc.gov/eid/article/26/7/20-0282_article. 39 Ex. 4, Vassallo Decl. ¶ 3. 40 National Institutes of Health, New Coronavirus Stable for Hours on Surfaces (Mar. 17, 2020), https://www.nih.gov/news-events/news-releases/new-coronavirus-stable-hours-surfaces.
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transmitted through saliva, fecal matter, or discharge from the nose.41 The incubation period is believed to be 2 to 14 days, which is particularly concerning for transmission rates given that so many people are asymptomatic yet infectious.42
31. The rapid spread of COVID-19 has created an unprecedented, worldwide health emergency. The World Health Organization (“WHO”) declared COVID-19 a worldwide pandemic on March 11, 2020.43 Governor Edwards declared “a statewide public health emergency” in Louisiana that same day.44 On March 13, 2020, President Trump declared a national emergency.45
32. The number of confirmed cases of COVID-19 in the United States is rising rapidly. As of May 14, 2020, more than 1.38 million confirmed cases in the United States have been reported, and more than 84,000 deaths. Both the number of confirmed cases (which undoubtedly is under-reported given that less than 1% of the entire population has been tested) and the number of deaths continue to rise substantially on a daily basis.46 The United States has the highest number of reported cases of any country in the world. The CDC projects that without swift and effective public health interventions, over 200 million people in the United States could
41 Ex. 5, Yukich Decl. ¶ 4. 42 Ex. 4, Vassallo Decl. ¶ 3. 43 Tedros Adhanom Ghebreyesus, WHO Director-General’s Opening Remarks at the Media Briefing on COVID-19, WORLD HEALTH ORG. (Mar. 11, 2020), https://www.who.int/dg/speeches/detail/whodirector-general-s-opening-remarks-at-the-media-briefing-on-covid-19---11-march-2020. 44 Louisiana Proclamation No. 25 JBE 2020 (Mar. 11, 2020), https://gov.louisiana.gov/assets/Proclamations/2020/modified/25-JBE-2020-Public-Health-EmergencyCOVID-19.pdf. 45 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/. 46 Coronavirus disease (COVID-19) Situation Dashboard, WORLD HEALTH ORGANIZATION, https://who.sprinklr.com/region/amro/country/us (last visited May 14, 2020).
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ultimately become infected with COVID-19 over the course of the epidemic, with as many as 1.7 million deaths.47
33. Many studies have shown that there is an increased risk for serious complications in patients infected with COVID-19 who also suffer from co-morbidities, including common health problems that afflict class members here, such as, asthma, hypertension, obesity, diabetes, and human immunodeficiency virus (“HIV”) infection.48
34. Although advanced age and underlying illnesses or chronic medical conditions increase the risk of serious effects of COVID-19, the disease does not spare the young. Due to the novel nature of COVID-19, the full effects of the disease on children are not yet known. However, reports show that children can suffer—and have suffered—these serious complications, including hospital admission, admission to an intensive care unit, invasive ventilation, and death.49 Moreover, recent evidence suggests that COVID-19 positive children may be vulnerable to pediatric multisystem inflammatory syndrome, which can lead to toxic shock.50 These serious complications can occur even after the infection itself appears to have resolved.51 Screening by age and prior medical history alone is not sufficient to determine who
47 Sheri Fink, Worst-Case Estimates for U.S. Coronavirus Deaths, N.Y. TIMES (Mar. 13, 2020), https://www.nytimes.com/2020/03/13/us/coronavirus-deaths-estimate.html. 48 Wei-jie Guan et al., Comorbidity and its Impact on 1590 Patients with Covid-19 in China: A Nationwide Analysis, EUROPEAN RESPIRATORY J. (Mar. 26, 2020), https://doi.org/10.1183/13993003.00547-2020; see also Committee on Adolescence, Health Care for Children and Adolescents in the Juvenile Correctional Care System, AM. ACAD. PEDIATRICS (Apr. 2001), https://pediatrics.aappublications.org/content/107/4/799. 49 Ex. 1, Graves Decl. ¶ 6. 50 Pam Belluck, A New Coronavirus Threat to Children, N.Y. TIMES (May 11, 2020), https://www.nytimes.com/2020/05/06/health/kawasaki-disease-covid-coronavirus-children.html. 51 Id.
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may develop serious complications and need medical intervention. Long term effects of COVID-
19 on a person’s (including a child’s) health remain unknown.52
35. In a virtual press conference held on March 20, 2020, WHO Director General
Tedros Adhanom Ghebreyesus warned that younger people are not spared from contagion, and
worldwide make up a “significant proportion” of patients requiring hospitalization, sometimes
for weeks and sometimes resulting in their deaths.53 The largest study of pediatric COVID-19
patients to date shows that approximately 6% of infected children and 11% of infected infants
have had severe or critical cases,54 and data in the United States shows a growing number of
pediatric cases requiring intensive care.55 These cases have included children who suffered from
respiratory failure, shock, encephalopathy, heart failure, coagulation dysfunction, acute kidney
injury, and life-threatening organ dysfunction.56 There is no doubt that children constitute a small
but tragic percentage of COVID-19 deaths.57 Recent research suggests that children are
52 Joseph Goldstein, 15 Children are Hospitalized with Mysterious Illness Possibly Tied to Covid-19, N.Y. TIMES (May 5, 2020), https://www.nytimes.com/2020/05/05/nyregion/children-Kawasakisyndrome-coronavirus.html?referringSource=articleShare. 53 Stephanie Nebehay, WHO Message to Youth on Coronavirus: ‘You Are Not Invincible’, REUTERS (Mar. 20, 2020, 11:29 A.M.), https://www.reuters.com/article/us-health-coronavirus-who-idUSKBN21733O. 54 See Yuanyuan Dong et al., Epidemiology of COVID-19 Among Children in China, AM. ACAD. PEDIATRICS (Apr. 2020), https://pediatrics.aappublications.org/content/early/2020/03/16/peds.20200702.1. 55 Virtual Pediatric System, LLC, COVID-19 Data: North American Pediatric ICUs (Mar. 31, 2020), https://covid19.myvps.org/. 56 See Dong, Epidemiology of COVID-19 Among Children in China. 57 Taryn Luna et al., L.A. County Reports First Death of A Possible Coronavirus Patient Under 18 as COVID-19 Cases Top 660, L.A. TIMES (Mar. 24, 2020), https://www.latimes.com/california/story/202003-24/california-coronavirus-cases-surge-to-2-200-the-worst-is-yet-to-come; Jennifer Millman, “It Attacks Everyone:” NYC Loses 1st Child to Virus as State Deaths Eclipse 1,300; NJ Cases Soar, NBC NEW YORK (Mar. 30, 2020), https://www.nbcnewyork.com/news/local/nyc-virus-deaths-leap-from-0-to776-in-15-days-emergency-hospital-help-arrives-monday/2350357/; CDC, Severe Outcomes Among Patients with Coronavirus Disease 2019 (COVID-19)—United States, Feb. 12–Mar. 16, 2020, MORBIDITY & MORTALITY WEEKLY REP. (Mar. 26, 2020), cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm; Erika Edwards, 5-Year-Old Is First Child Death from COVID-19-Related Inflammatory Syndrome Reported in U.S., NBC NEWS (May 8, 2020), https://www.nbcnews.com/health/kids-health/boy-5-dies-covid-19-linked-inflammatory-syndromen1203076.
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susceptible to serious neurological side effects, which is particularly alarming at this stage of their development when the brain is in its formative period of development.58
36. Compared with past outbreaks of communicable diseases, the COVID-19 pandemic is of nearly unprecedented magnitude.59 Reliance on prior infectious disease protocols is insufficient to respond to this novel and deadly disease.60
a. COVID-19 Is Particularly Severe in Louisiana 37. Louisiana is experiencing one of the worst COVID-19 outbreaks in the world. As
of May 14, 2020, Louisiana had 33,489 confirmed cases of COVID-19, with at least 2,351 deaths; 7.0% of persons diagnosed with COVID-19 in Louisiana have died.61 The overall mortality rate in the United States from the disease is 2.3%.62
38. Confirmed COVID-19 cases in Louisiana grew by 67.8% in the two weeks after the first diagnosis on March 9, 2020—the highest growth rate in the United States.63
58 George Citroner, What We Know About the Long-Term Effects of COVID-19, HEALTHLINE (Apr. 21, 2020), https://www.healthline.com/health-news/what-we-know-about-the-long-term-effects-of-covid19#COVID-19-might-affect-the-brain-stem. 59 United States v. Martin, No. 19-cv-140-13, ---F. Supp. 3d ----, 2020 WL 1274857, at *2 (D. Md. Mar. 17, 2020). 60 Apoorva Mandavilli, Infected but Feeling Fine: The Unwitting Coronavirus Spreaders, N.Y. TIMES (Mar. 31, 2020), https://www.nytimes.com/2020/03/31/health/coronavirus-asymptomatictransmission.html. 61 Louisiana Department of Health, Louisiana Coronavirus (COVID-19) Information, http://ldh.la.gov/coronavirus/ (last visited May 14, 2020). 62 Kenneth McIntosh, Coronavirus Disease 2019 (COVID-19): Epidemiology, Virology, Clinical Features, Diagnosis, and Prevention, UPTODATE (Apr. 2020), https://www.uptodate.com/contents/coronavirus-disease-2019-covid-19-epidemiology-virology-clinicalfeatures-diagnosis-and-prevention. 63 Adam Daigle, Coronavirus Cases Grew Faster in Louisiana than Anywhere Else in the World: UL Study, ACADIANA ADVOCATE (Mar. 24, 2020), https://www.theadvocate.com/acadiana/news/coronavirus/article_94494420-6d4b-11ea-ac42ff7dd722c084.html.
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39. When the first United States cases emerged, New Orleans quickly became a coronavirus epicenter.64 As of early April, Louisiana, Michigan, and New York accounted for more than half the country’s deaths.65
b. Incarcerated People Are Especially Vulnerable to COVID-19 40. Crowded correctional facilities are known to be a breeding ground for infectious respiratory illness.66 Prisons now account for seven of the top ten coronavirus clusters in the United States.67 It is not possible to isolate incarcerated people from the outside world, nor is it
possible to isolate them from one another. Social distancing practices are impossible with
individuals living in close quarters, sharing bathroom and dining facilities, common living or
recreational areas and, in many instances, sleeping two or more to a room or cell. Correctional
facilities are also not closed environments. Staff enter and leave the facilities on a daily basis,
typically interacting regularly with both COVID-19 positive individuals and those who are
healthy. Without daily testing, there is no way to ensure that staff are not carriers; a significant
percentage of carriers are asymptomatic, or are presenting with lesser-known symptoms that will escape detection in simple screenings for temperatures or coughs.68 When the COVID-19 virus
is introduced to a prison, staff and incarcerated people alike are at heightened risk of contracting
64 Erika Edwards, Why New Orleans Is Quickly Becoming a Coronavirus Epicenter in the U.S., NBC NEWS (Mar. 26, 2020), https://www.nbcnews.com/health/health-news/why-new-orleans-quicklybecoming-coronavirus-epicenter-u-s-n1169376. 65 Jenni Fink, U.S. Coronavirus Hotspot Updates: The Latest on COVID-19 Cases in New York, Detroit, New Orleans, NEWSWEEK (Apr. 6, 2020), https://www.newsweek.com/us-coronavirus-hotspot-updateslatest-covid-19-cases-new-york-detroit-new-orleans-1496318. 66 Timothy Williams et al., ‘Jails Are Petri Dishes’: Inmates Freed as the Virus Spreads Behind Bars, N.Y. TIMES (Mar. 30, 2020), https://www.nytimes.com/2020/03/30/us/coronavirus-prisons-jails.html. 67 The most vivid example is the Marion Correctional Institution in Marion, Ohio, which currently has 2,349 cases among inmates and staff members, the highest outbreak numbers in the country. Coronavirus in the U.S.: Latest Map and Case Count, N.Y. TIMES (May 14, 2020), https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html. 68 Ex.4, Vassallo Decl. ¶ 8.
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the virus and, in turn, spreading the virus to others with whom they live or come into contact in their own homes, neighborhoods, and communities.69
41. In addition to the inherent risk of greater spread in congregate living facilities, correctional facilities magnify that risk through their failure to maintain sanitary environments. People share toilets, sinks, and showers and often have limited access to soap, hand sanitizer, hot water, and other necessary hygiene items. Because COVID-19 can survive on surfaces such as plastic and stainless steel for two to three days,70 the CDC advises all people—and particularly those at higher risk of severe illness—to “[w]ash [their] hands often with soap and water” or, “[i]f soap and water are not readily available, use a hand sanitizer that contains at least 60% alcohol,” “[a]void close contact with people who are sick,” “[p]ut distance between yourself and other people,” and to “[c]over your mouth and nose with a cloth face cover when around others.”71 For correctional facilities, the CDC recommends using EPA-registered disinfectants effective in eliminating COVID-19.72 The CDC also advises a 14-day medical quarantine for those known to who have had close contact with a COVID-19 case to determine whether they develop symptoms of the disease.73
42. Louisiana’s secure care facilities have already become, and risk further becoming, hotbeds of contagion during this pandemic. As of May 14, 2020, OJJ asserts on its website that 28 children have tested positive for COVID-19, in addition to 4 other cases reported to media, and that 41 staff have tested positive for COVID-19.74 Children in secure care facilities are unable
69 Id. ¶ 11. 70 As Coronavirus Spreads, Many Questions and Some Answers, https://www.health.harvard.edu/diseases-and-conditions/coronavirus-resource-center. 71 How to Protect Yourself and Others, CDC. 72 CDC Guidance. 73 Id. 74 State of Louisiana, Office of Juvenile Justice, OJJ COVID-19 Information, https://ojj.la.gov/ojj-covid19-information/ (last visited May 14, 2020).
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to protect themselves by taking the necessary measures to mitigate the risk of exposure, putting them at heightened risk of COVID-19 infection. Children live, sleep, eat, and spend the full day in close contact with each other as well as with staff members.75
43. For example, the four OJJ secure care facilities have dormitory-style living, with up to 12 children sleeping and living in one room. In at least one facility that is typical of all facilities, beds are typically nailed to the floor and arranged in a cubicle style with low walls separating each sleeping area. Each child is provided with a small desk and chair in the sleeping area. In the Bridge City Center for Youth, the beds are approximately six feet apart, which might suggest appropriate social distancing overnight, but the children cannot remain in their bed for 24 hours per day and the staff cannot remain adequate social distance from the children while adequately performing their jobs.76
44. Significant deficiencies with respect to sanitation in the four OJJ secure care facilities heighten the risks still further. Many of these recommended preventative measures are unavailable to people who are incarcerated and share toilets, sinks, and showers and with limited access to soap, hand sanitizer, hot water, and other necessary hygiene items. The CDC instructs that individuals should wash their hands for 20 seconds regularly, and after sneezing, coughing, blowing their nose, eating or preparing food, before taking medication, and after touching garbage.77 The CDC also instructs that staff should clean and disinfect commonly touched surfaces and shared equipment several times a day.78 In the four OJJ secure care facilities, children share toilets, sinks, and showers, without disinfection between each use. Children have reported that they are responsible for disinfecting, and not all children have been provided
75 Ex. 6, L.P. Decl. ¶ 9, Ex. 7, B.B. Decl. ¶ 6, Ex. 3, N.H. Decl. ¶ 4. 76 Ex. 8, Holt Decl. ¶ 7. 77 CDC Guidance. 78 Id.
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cleaning materials.79 A staff member recently stated that “[t]here’s been no apparent deep
cleaning in areas where infected youth [have been] housed.”80 He described the facility as
“filthy” in general, and he said staff were expected to store and microwave their lunches in the
staff bathrooms.81 This lack of access to proper sanitation, combined with shared bathrooms and
sinks and regular close contact with other children and staff, creates an intolerably high risk of
infectious spread and the dire consequences that follow from the virus.
45. Additionally, children in correctional facilities are particularly likely to have pre-
existing conditions making them medically vulnerable to COVID-19, including asthma,
hypertension, obesity, diabetes, and the HIV infection,82 with asthma being one of the most
commonly diagnosed illnesses among children in correctional facilities.83
46. Recognizing this inherent risk of greater spread in congregate living facilities, in
an effort to stop the spread of COVID-19, the Supreme Courts of Hawaii,84 New Jersey,85
79 Ex. 3, N.H. Decl. ¶ 4; Ex. 9, A.B. Decl. ¶ 12. 80 “There was no control,” says Bridge City youth prison guard about riot, WDSU NEWS, (Apr. 24, 2020), https://www.wdsu.com/article/there-was-no-control-says-bridge-city-youth-prison-guard-onriot/32259043. 81 Id. 82 Comorbidity and its impact on 1590 patients with Covid-19 in China: A Nationwide Analysis, EUROPEAN RESPIRATORY JOURNAL, (March 26, 2020), https://doi.org/10.1183/13993003.00547-2020; Comm. on Adolescence, Health Care for Children and Adolescents in the Juvenile Correctional Care System, 107 PEDIATRICS 799 (2001), https://bit.ly/2UxTW5y. 83 Comm. on Adolescence, Health Care for Children and Adolescents in the Juvenile Correctional Care System; Nicole Wetsman, To Reduce Long-Term Health Gaps, a Push for Early Intervention in Juvenile Detention, JUV. JUST. INFO EXCHANGE, (July 30, 2018), https://bit.ly/2Jq7Os7. 84 Yoohyun Jung, Special Master Appointed To Recommend On COVID-19 Jail Releases, HONOLULU CIVIL BEAT (Apr. 2, 2020), https://www.civilbeat.org/2020/04/special-master-appointed-to-decide-oncovid-19-jail-releases/. 85 Consent Order at 4, In the Matter of the Request to Commute or Suspend County Jail Sentences, No. 084230 (N.J. Mar. 22, 2020), https://bit.ly/3aJOim8. The order provided a mechanism for prosecutors, within 24 to 48 hours, to object to the release of specific prisoners who “would pose a significant risk to the safety of the inmate or the public,” with such objections to be considered by judges or special masters appointed by the Supreme Court.
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Massachusetts,86 Montana,87 South Carolina,88 and Washington89 have all issued orders to reduce
adult jail populations. In an effort to prevent new admissions to county jails, the chief judge of
Maine’s trial courts, with the approval of the chief justice of the Maine Supreme Court, vacated all outstanding warrants for unpaid fines, restitution, fees, and failures to appear.90 The chief
justice of the Louisiana Supreme Court recently issued guidance to those judges with jurisdiction
over juvenile defendants, urging these judges to review their dockets and to release children who are medically vulnerable or who have a non-violent adjudication.91 Across the country, officials in more than 60 state and local jurisdictions have acted to sharply reduce prison populations.92
c. Placement in an OJJ Facility during the COVID-19 Pandemic Creates Risk of Serious Emotional and Psychological Harm
47. Placement in a juvenile correctional facility creates serious physical and mental
health risks for children under any circumstances. The risk of exposure and contagion caused by
the COVID-19 pandemic exacerbates these harms, putting young people at serious risk of lasting
physical harm, emotional trauma, and other health problems.
86 Comm. for Public Counsel Services, Associate Justice Gaziano of the Assoc. Justice of the Supreme Judicial Ct. of Mass. (Apr. 3, 2020), https://www.mass.gov/files/documents/2020/04/03/12926.pdf. 87 Letter from Mike McGrath, Chief Justice, Mont. Supreme Ct., to Montana Cts. of Limited Jurisdiction Judges (Mar. 20, 2020), https://bit.ly/3aAv4iX. 88 Memorandum from Donald W. Beatty, Chief Justice of S.C. Supreme Ct., to Magistrates, Municipal Judges, & Summary Ct. Staff (Mar. 16, 2020), https://bit.ly/3dJ69LY. 89 Am. Order, In the Matter of Statewide Response by Washington State Courts to the COVID-19 Public Health Emergency, No. 25700-B-607 (Wash. Mar. 20, 2020), https://bit.ly/39DHyoU. 90 Judy Harrison, Maine courts vacate warrants for unpaid fines and fees, WGME NEWS (Mar. 17, 2020), https://wgme.com/news/coronavirus/maine-courts-vacate-warrants-for-unpaid-fines-and-fees. 91 Letter from Bernette Joshua Johnson, Chief Justice of the Supreme Ct. of the State of Louisiana to Cts. of Limited Jurisdiction Judges (Apr. 6, 2020), https://www.lasc.org/COVID19/2020-04-06-LASCChiefLetterReJuvenileDefendants.pdf. 92 Responses to the COVID-19 pandemic, PRISON POLICY INITIATIVE (May 13, 2020), https://www.prisonpolicy.org/virus/virusresponse.html.
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48. To respond to the physical health risks of harm, OJJ has adopted widespread use
of isolation for the purpose of preventing infection. Isolation is punishment in form and effect, and it can exacerbate underlying trauma disorders.93
49. Additionally, as facilities try to limit personal contact and increase physical
distancing, educational programming, counseling and other therapeutic services and recreation are substantially limited if not entirely eliminated.94 As staff fall ill or are themselves subject to
quarantine, programming will be further hampered and the state-mandated staffing ratios needed for basic safety and well-being will be jeopardized.95
50. Cutting off education and treatment is particularly devastating to teenagers.
During adolescence, the brain reaches what is referred to as the “second period of heightened malleability.”96 As a result, children are uniquely responsive to environmental changes—and uniquely susceptible to harm from adverse experiences.97 If there is “[a] lack of stimulation or
aberrant stimulation” for children during this period, the results can lead to “lasting effects on physical and mental health in adulthood.”98 Children especially need positive social interactions to help them “develop a healthy functioning adult social identity”99 and build their social skills,100
93 See Elizabeth S. Barnert et al., How Does Incarcerating Young People Affect Their Adult Health Outcomes? 29 PEDIATRICS 1 (2017), https://bit.ly/2xyL8mJ; Ex. 2, Schiraldi et al. Decl. ¶ 21. 94 Ex. 7, B.B. Decl. ¶ 9, Ex. 9, A.B. Decl. ¶ 17, Ex. 3, N.H. Decl. ¶ 10. 95 Ex. 8, Holt Decl. ¶ 6. 96 Delia Fuhrmann et al., Adolescence as a Sensitive Period of Brain Development, 19 TRENDS COGNITIVE SCI. 558, 559 (2015), https://www.ncbi.nlm.nih.gov/pubmed/26419496. 97 Nancy Raitano Lee, Drexel Univ. Dep’t of Psychology, Presentation for the Juvenile Law Center: Neuroplasticity and the Teen Brain: Implications for the Use of Solitary Confinement with Juveniles (2016). 98 Fuhrmann et al., Adolescence as a Sensitive Period of Brain Development, at 561. 99 Anthony Giannetti, The Solitary Confinement of Juveniles in Adult Jails and Prisons: A Cruel and Unusual Punishment, 30 BUFF. PUB. INTEREST L.J. 31, 47 (2012), https://bit.ly/2xzXxqy. 100 Sarah-Jayne Blakemore & Kathryn L. Mills, Is Adolescence a Sensitive Period for Sociocultural Processing?, 65 ANN. REV. PSYCHOL. 187, 199 (2014), https://bit.ly/2R0My04.
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so that they can successfully “reintegrate into the broader community upon release” from confinement.101
51. These developmental risks are even greater for young people in state custody. Children in the juvenile justice system have high rates of underlying mental health illnesses,102
making them particularly vulnerable to suffering from the stress and fears associated with the COVID-19 outbreak and the fears that they have for the health of their own families.103 For
example, the children detained in “horrific conditions” in Louisiana during Hurricane Katrina reported “substantial and enduring” psychological impact long after conditions improved.104
52. The WHO has cautioned that children (and teens in particular) are at heightened
risk of trauma from the stress of the pandemic, facing increased risk of future delinquency as a
result, and has instructed parents to support and reassure their children, maintain routines, and facilitate connections with friends and family.105 Children in facilities are deprived of this
necessary attention and support. In facilities struggling to ensure social distancing, these
problems are further intensified.
d. Releasing As Many Children As Possible Will Protect Those Children—and the Surrounding Communities—From Substantial Risk of Serious Harm
101 Sandra Simkins et al., The Harmful Use of Isolation in Juvenile Facilities: The Need for PostDisposition Representation, 38 J.L. & POL’Y 241, 256 (2012), https://bit.ly/2WX7KrH. 102 Matthew C. Aalsma et al., Preventative Care Use Among Justice-Involved and Non-Justice Involved Youth, AM. ACAD. OF PEDIATRICS (2017), https://pediatrics.aappublications.org/content/pediatrics/140/5/e20171107.full.pdf. 103 Managing Anxiety & Stress, CTRS. FOR DISEASE CONTROL AND PREVENTION, https://cdc.gov/coronavirus/2019-ncov/prepare/managing-stress-anxiety.html. 104 Treated Like Trash: Juvenile Detention in New Orleans Before, During, and After Hurricane Katrina, JUVENILE JUSTICE PROJECT OF LOUISIANA, https://www.njjn.org/uploads/digitallibrary/resource_342.pdf; Adam Nossiter, Teenage Prisoners Describe Hurricane Horrors, N.Y. TIMES (May 10, 2006), https://www.nytimes.com/2006/05/10/us/10prison.html. 105 Addressing Human Rights as Key to the COVID-19 Response, WORLD HEALTH ORGANIZATION, https://www.who.int/emergencies/diseases/novel-coronavirus-2019/advice-for-public/healthy-parenting.
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53. Under these unprecedented circumstances, returning as many children safely to
their homes as possible is the best (and indeed potentially only) way to protect the children from
this devastating scenario and is in both the children’s and the public’s best interest.106
54. Medical professionals have called on state governors, courts, and departments of
corrections to “[i]mmediately release youth in detention and correctional facilities who can safely
return to the home of their families and/or caretakers, with community-based supports and
supervision, in order to alleviate potential exposure to COVID-19.”107
55. Jurisdictions around the country and around the world have heeded the call and
begun to do so.108 These examples are reflective of a national trend to reduce the numbers of
children in custody,109 with substantial reductions nationwide since the onset of the pandemic.110
II. OJJ’s Insufficient Response to COVID-19 Places the Putative Class at a Substantial Risk of Serious Harm
56. Despite the grave dangers posed by COVID-19 to the children under their care,
Defendants-Respondents, acting under color of law, have failed to take the necessary steps to
106 Ex. 1, Graves Decl. ¶ 10. 107 Letter from Physicians for Criminal Justice Reform, to State Governors, State and Local Juvenile Detention and Correctional Departments, and Juvenile Court Judges and Magistrates at 1 (Mar. 22, 2020), https://bit.ly/3az51sz. 108 In Maryland, for instance, in response to an order from the state Supreme Court to reduce reliance on institutional placements during the COVID-19 crisis, state officials have released approximately 200 children from state juvenile detention facilities over health concerns due to the coronavirus pandemic. Luke Broadwater, Maryland Releases About 200 Juveniles From Detention Centers Amid Coronavirus Pandemic, BALTIMORE SUN (April 27, 2020), https://www.baltimoresun.com/coronavirus/bs-md-poljuvenile-release-coronavirus-20200427-4mjlk5pawnbpnafusvm7a7b7g4-story.html. The release amounts to a nearly one-third reduction of the state’s detained juvenile population. Id. Likewise, in Clayton County, Georgia, the juvenile court issued an order strictly limiting detention during the pandemic, leading to a 90% reduction in the juvenile detention population. Amended Order on Court Operations During Declaration of Judicial Emergency, Juvenile Court of Clayton County, Georgia (April 6, 2020), https://www.claytoncountyga.gov/Home/ShowDocument?id=12300. 109 Following the Action, YOUTH CORRECTIONAL LEADERS FOR JUSTICE (last accessed May 14, 2020), https://yclj.org/covid19-resources. 110 At Onset of the COVID-19 Pandemic, Dramatic and Rapid Reductions in Youth Detention, ANNIE E. CASEY FOUNDATION (April 23, 2020), https://www.aecf.org/blog/at-onset-of-the-covid-19-pandemicdramatic-and-rapid-reductions-in-youth-de/.
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preserve the physical safety and mental health of the class members, have affirmatively placed the class members at substantial risk of serious harm, and deprived them of their rights to reasonably safe living conditions and to rehabilitative treatment.
a. Defendants-Respondents Have Either Sought to Obscure Their COVID-19 Policies From Plaintiffs-Petitioners, Parents, the Public, and Advocacy Groups—or Have Failed to Devise a Comprehensive Plan
57. OJJ has not updated its policies, procedures, and practices, including but not limited to its flu and pandemic plan, since the onset of COVID-19, despite many warnings from outside agencies that doing so was necessary to prevent infection and spread of COVID-19 within facilities.
58. On April 3, 2020, and May 28, 2020, organizations that advocate for the rights of children held in the four OJJ secure care facilities sent letters to Governor Edwards urging him to adopt evidence-based and proactive plans for the prevention and management of COVID-19 in the four OJJ secure care facilities. The letters included thirteen specific recommendations and numerous resources to assist Governor Edwards in the development of these plans.111 Governor Edwards never responded, and none of the recommendations were implemented.
59. The records show that OJJ circulated information internally identifying certain areas within each secure care facility that have been identified for potential COVID-19 “isolation.” This preliminary information provides no insight into how Defendants-Respondents implemented quarantine procedures, and conflicts with reporting suggesting that OJJ has designated its Swanson Center for Youth Monroe facility for COVID-19 positive children.112
111 Ex. 10, Letter from Youth Correctional Leaders for Justice to Governor Edwards (Apr. 28, 2020), and Letter from Louisiana Center for Children’s Rights to Governor Edwards (Apr. 3, 2020). 112 Associated Press, Riots, Escapes and Pepper Spray: Virus Hits Juvenile Centers, 4WWL.COM (May 3, 2020, 5:03 PM), wwltv.com/article/news/health/coronavirus/riots-escapes-and-pepper-spray-virus-hitsjuvenile-centers/289-e52aa1ea-5680-47eb-a8c5-4c62af60cd4e.
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60. According to parents and family members of detained children, OJJ has not provided information about OJJ’s plans for the prevention and management of COVID-19 in the four OJJ secure care facilities. Parents and family members have repeatedly demanded such information, but nothing has been provided in response to these requests.113 Parents and advocates have reported that it is difficult to contact anyone at the four OJJ secure care facilities and sometimes impossible to even figure out who is in charge.114 Accordingly, parents and family members understandably have expressed very serious concerns about the health and welfare of their incarcerated children.
61. OJJ has provided varying—and often conflicting—information to detained children across the four OJJ secure care facilities.115 OJJ’s lack of transparency and failure to implement uniform procedures has caused confusion and has sparked fear among the children. For example, reports claim that OJJ is transporting COVID-19 positive children to one facility. Other reports suggest that COVID-19 positive children are isolated, but remain at their respective facility. At least one child who tested positive, however, remained in his regular dormitory, and OJJ did not attempt to implement any quarantine procedures.
62. OJJ has published “COVID-19 Information” on its website purporting to provide “updated” information about the numbers of COVID-19 positive children and staff, but that information raises troubling questions about what is actually happening at the four OJJ secure care facilities. For example, as of May 14, 2020, OJJ asserts on its website that 28 children have tested positive for COVID-19, in addition to 4 other cases reported to media, and that 28 of these
113 See, e.g., Ex. 9, A.B. Decl. ¶¶ 6, 13, 15; Ex. 11, D.B. Decl. ¶¶ 8, 12. 114 See, e.g., Ex. 9, A.B. Decl. ¶ 6; Ex. 6, L.P. Decl. ¶ 6. 115 See generally Ex. 9, A.B. Decl.; Ex. 3, N.H. Decl.; Ex. 7, B.B. Decl.; Ex. 11, D.B. Decl.; Ex. 6, L.P. Decl.; Ex. 12, S.W. Decl.; Ex. 13, W.H. Decl.
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children have recovered.116 The reported number of children who have tested positive has remained completely static since at least April 21, 2020, a fact which is both at odds with everything known about how COVID-19 spreads and with the rest of the world’s experience with it.117 Some reports suggest that OJJ had actually tested only 29 children, which would explain why the number of children testing positive remains static. Notably, these reported test results demonstrate a 97% positivity rate. Equally troubling, as of May 14, 2020, OJJ asserts on its website that 41 staff have tested positive for COVID-19 and that 16 of these have recovered. These figures have increased periodically since April 17, 2020. Current statistics demonstrate that the four OJJ secure care facilities have among the highest percentage of COVID-19 positive staff members compared to juvenile detention facilities across the country.
63. Despite the high prevalence of the disease at the four OJJ secure care facilities, OJJ has provided no information about its testing policies,118 including when and how often tests are administered or if tests are administered to asymptomatic staff and children. Indeed, it appears that OJJ has sought to obscure its testing procedures from children, their parents, and the public. According to the American Heart Association, COVID-19 testing leads to quick identification of cases, quick treatment for those people and immediate quarantine to prevent spread. Early testing
116 On information and belief, there are an additional four positive COVID-19 children who are being held in OJJ’s non-secure custody. 117 Internet Archive, OJJ COVID-19 Information (April 21, 2020), https://web.archive.org/web/20200422143617/https://ojj.la.gov/ojj-covid-19-information/. 118 Certain facilities are providing universal testing to combat the spread of COVID-19. For example, in early May New Jersey began testing all of its correctional officers and all of its inmates detained across the state. Blake Nelson, All N.J Prisoners Will Be Tested For Coronavirus Beginning Next Week, Murphy Says, NJ.COM (May 1, 2020), https://www.nj.com/coronavirus/2020/04/mass-coronavirustesting-in-nj-prisons-should-begin-next-week-murphy-says.html.
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also helps to identify everyone who came into contact with infected people so they too can be quickly treated.119
64. OJJ also has issued no formal guidance about any procedures for returning those children who allegedly have recovered to their respective dormitories, nor is there any information on the OJJ website about how OJJ determines whether and when a child has “recovered.”
65. Moreover, although OJJ’s website provides that “[t]he Office of Juvenile Justice is working closely with its medical provider, Wellpath and guidance from the Louisiana Office of Public Health to determine the most appropriate treatment for each youth who may fall ill in its facilities during this crisis,”120 parents and the public are completely in the dark as to what remedial measures OJJ has taken or intends to take as result.
66. In short, there is no evidence that OJJ has developed policies, procedures, or a comprehensive COVID-19 remedial plan, and there is no evidence that any such plans have been disclosed to the children’s parents or the public.
b. OJJ’s Policies are Inadequate to Care for COVID-19 Positive Children or to Prevent the Spread of COVID-19
67. Defendant Governor Edwards has failed to assert his authority over the Secretaries of either OJJ or LDH to ensure Louisiana’s incarcerated children’s access to appropriate precautions to stop the spread of COVID-19, assure appropriate quarantine practices, and assure appropriate medical isolation practices. The lack of appropriate oversight, policies, and practices
119 Dr. Eduardo Sanchez, COVID-19 Science: Why Testing is So Important, AMERICAN HEART ASSOCIATION (April 2, 2020), https://www.heart.org/en/news/2020/04/02/covid-19-science-why-testingis-so-important. 120 State of Louisiana, Office of Juvenile Justice, OJJ COVID-19 Information, https://ojj.la.gov/ojj-covid19-information/ (last visited May 14, 2020).
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by Defendants-Respondents has resulted in children with confirmed COVID-19 cases not getting the care recommended by the CDC.
68. While the CDC guidance recommends “medical isolation of confirmed or suspected COVID-19 cases,”121 the four OJJ secure care facilities have implemented conflicting procedures for its COVID-19 positive staff and children. One child who tested positive spent the time he was ill by himself in a stifling room previously used for disciplinary solitary confinement without air conditioning. According to the child’s mother, while he was in isolation, he was unable to bathe or brush his teeth.
69. On information and belief, OJJ has designated its Swanson Center for Youth Monroe facility for COVID-19 positive children. This designation requires OJJ to transport children to Swanson Center for Youth Monroe and back again to their original facility upon recovery, increasing travel and exacerbating the risk of transmission and defying CDC guidance around need for transfer for medical purposes only.122
70. To the extent OJJ is caring for COVID-19 positive children in its infirmaries, these areas are not equipped to care for more than three to four children each.123 The infirmaries in each of the four OJJ secure care facilities maintain only three or four beds and there are only one or two nurses on duty at any given time.124
71. It is particularly important that confined children receive adequate instruction and reinforcement in the form of mandatory policies and training concerning sanitizing, handwashing, and face coverings. Without such policies and instruction, children, especially those who suffer from mental illnesses or cognitive disabilities, may not comprehend the significance
121 CDC Guidance. 122 Associated Press, Riots, Escapes and Pepper Spray: Virus Hits Juvenile Centers. 123 Ex. 8, Holt Decl. ¶ 4. 124 Id.
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of these procedures in preventing the spread within the four OJJ secure care facilities and within the broader community. Indeed, many of the children in the four OJJ secure care facilities may lack impulse control and have difficulty retaining their focus, leading to ineffective hygiene practices.125
72. The CDC recommends wearing face coverings where social distancing measures are difficult to maintain, especially in areas of significant community-based transmission.126 Some children report that OJJ has circulated some face masks to the children, but OJJ has failed to promulgate a uniform policy requiring that all staff and children wear masks.127 Other children report that some staff wear masks, but that masks have not been made available for the children.128
73. OJJ’s furlough programs—which provide for authorized temporary release from the grounds of a secure facility for the purposes of aiding in the children’s rehabilitation and reentry129—could facilitate physical distancing at the facility by easing capacity, but have been halted during the pandemic. As recently as mid-March, children in OJJ’s custody were home on furlough. OJJ’s furlough policy is intended to assist children in maintaining family and community relations while incarcerated in OJJ’s four secure are facilities, and OJJ determines, based on a detailed list of criteria, which children qualify for various types of furloughs.130 One category of children eligible for furlough include those who qualify as a “low to moderate” risk on the Structured Assessment of Violence Risk in Youth (“SAVRY”) scale. But children who are deemed “high” risk on the SAVRY scale may also qualify if they meet other criteria, like
125 Id. ¶ 8. 126 CDC, Recommendation Regarding the Use of Cloth Face Coverings, Especially in Areas of Significant Community-Based Transmission (April 3, 2020), https://www.cdc.gov/coronavirus/2019-ncov/preventgetting-sick/cloth-face-cover.html. 127 See, e.g., Ex. 9, A.B. Decl. ¶ 12; Ex. 3, N.H. Decl. ¶ 4; Ex. 6, L.P. Decl. ¶ 9. 128 Id. 129 OJJ, Youth Services Policy (July 11, 2018), https://ojj.la.gov/wp-content/uploads/2018/07/C.4.1.pdf. 130 Id.
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“making progress on identified treatment needs.”131 However, OJJ has now refused to release children eligible for furlough in recent months. OJJ has also refused to evaluate furlough eligibility despite many children becoming eligible for release.
c. OJJ’s Policies Place Children at a Substantial Risk of Serious Long-Term Mental, Developmental and Emotional Harm
74. In an attempt at physical distancing, the four OJJ secure care facilities have implemented isolation procedures for children who have contracted COVID-19, which, as described above, can lead to long-term psychological harm for children.132
75. On information and belief, the Swanson Center for Youth Columbia implemented a revised daily schedule as of April 21, 2020, mandating the children spend 23 hours each day in their dormitory. Approximately five hours each day are devoted to “quiet time (journaling)” in the dormitory. Other children have reported spending 23 hours in their dormitory for the past seven weeks.133
76. Regular schooling and developmental programs have been severely curtailed. According to some children, certain dormitories have received several hard-copy worksheet packets. However, officials have not collected the completed packets and children have not received any feedback on their work nor received any update about the status of their future educational programming. One child who receives special education services completed the packets he received in just a few minutes, leaving very little structured time during the remaining isolation period. This child also had not been receiving any of his usual speech and language special education services.
131 Id. 132 See Blakemore& Mills, Is Adolescence a Sensitive Period for Sociocultural Processing? 133 See e.g., Ex. 6, L.P. Decl. ¶ 9; Ex. 13, W.H. Decl. ¶ 7.
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77. Even before the pandemic, OJJ was already severely understaffed at the four OJJ secure care facilities.134 Due to high turnover and sick leave before the pandemic, OJJ’s “relief factor” was 2.1, which means that for every staff member assigned to a scheduled shift, OJJ required approximately two employees to be available to cover that shift.135 Since March, these numbers have become even more troubling. The number of staff who have contracted COVID19 has continued to rise.136 On information and belief, due to staff shortages, probation officers have filled in. According to one probation officer whose normal duties for OJJ include probation and parole, OJJ was forced to supplement staff at three of the four facilities with “communitybased staff” who are not properly trained to attend to the children’s needs at the secure care facilities, which has led to the use of inappropriate and excessive disciplinary measures such as disciplinary lockdown and pepper spray.137 Staff shortages combined with these dire conditions have also resulted in desperate runaway attempts, including most recently at Swanson Center for Youth Monroe.138 Children who reenter the facilities after runaway attempts pose a risk of having been exposed to COVID-19 while outside the secure care facility and transmitting to children and staff.
78. As additional staff fall ill or become subject to quarantine, programming will be further curtailed and mandated staffing ratios needed for basic safety and learning will continue to be jeopardized.
134 Ex. 8, Holt Decl. ¶ 6. 135 Id. 136 See State of Louisiana, Office of Juvenile Justice, OJJ COVID-19 Information, https://ojj.la.gov/ojjcovid-19-information/ (last visited May 14, 2020). 137 Emily Lane & Greg LaRose, “There Was No Control,” Says Bridge City Youth Prison Guard About Riot, WDSU NEWS (April 24, 2020 10:25 AM), https://www.wdsu.com/article/there-was-no-control-saysbridge-city-youth-prison-guard-on-riot/32259043. 138 Inmates Escape Swanson Youth Center, 2 Still On The Run, KNOE NEWS (May 9, 2020 10:42 PM), https://www.knoe.com/content/news/Inmates-escape-Swanson-Youth-Center-2-still-on-the-run570347141.html.
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79. Experts advise that children can best weather the emotional storm of the pandemic by spending time with family and receiving regular and consistent emotional reassurance and support.139 Regular familial contact mitigates anxiety levels for both children and their families. Children in juvenile justice settings, and especially those subjected to stringent physical distancing rules, will be deprived of this support. The four OJJ secure care facilities have halted regular family and attorney visits. One family member called the facility repeatedly attempting to speak to someone about her child, but did not get a formal update until three days later.
80. Children have reported that there are no procedures for non-COVID-19 healthcare. For example, one child who suffers from recurring ear infections was not permitted to seek care in the infirmary.140 Other children have not been provided with mental health care during this time.141
81. Parents of the children incarcerated in the four OJJ secure care facilities have expressed serious concern for their children’s health and wellbeing amid the pandemic. These concerns have been aggravated by OJJ’s lack of accountability and transparency.142
CLASS ACTION ALLEGATIONS 82. Named Plaintiffs bring this action on behalf of themselves and all others similarly situated, or who may be so situated in the future, to assert the claims alleged in this Complaint on a common basis. 83. A class action is a superior means, and the only practicable means, by which named Plaintiffs-Petitioners and unknown Class Members can challenge DefendantsRespondents’ unconstitutional COVID-19 response.
139 Ex. 8, Holt Decl. ¶ 10. 140 Ex. 13, W.H. Decl. ¶ 4. 141 Ex. 6, L.P. Decl. ¶ 6; Ex. 3, N.H. Decl. ¶ 8. 142 Ex. 8, Holt Decl. ¶ 11.
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84. This action is brought and may properly be maintained as a class action pursuant to Rule 23(a)(l)–(4) and Rule 23(b)(2) or 23(b)(1)(A) of the Federal Rules of Civil Procedure. I. The Plaintiff Class
85. Plaintiffs-Petitioners propose a declaratory and injunctive class defined as: All children who are, or will in the future be, confined at Acadiana Center for Youth in Bunkie; Bridge City Center for Youth; Swanson Center for Youth Columbia; and Swanson Center for Youth Monroe (the “Plaintiff Class”). Plaintiffs-Petitioners seek declaratory and injunctive relief to terminate the ongoing course of conduct on the part of Defendants-Respondents that is creating a substantial risk of serious harm (including death) to class members and is depriving or will deprive class members of their constitutional rights, and to enjoin the policies and practices adopted and implemented by Defendants-Respondents that result or will result in the deprivation of those rights. II. Rule 23(a) Factors
86. The proposed class satisfies the numerosity, commonality, typicality, and adequacy requirements of Rule 23(a).
a. Numerosity—Fed. R. Civ. P. 23(a)(1) 87. The class is so numerous that joinder of all members is impracticable. As of April 19, 2020, there were approximately 220 children incarcerated in the four OJJ secure care facilities. Defendants-Respondents’ policies and practices put everyone in OJJ’s custody at risk of contracting and dying of COVID-19 and of receiving inadequate care while in custody. 88. The currently incarcerated Plaintiff Class members are identifiable using records maintained in the ordinary course of business by OJJ. 89. Furthermore, joinder is impracticable because the Plaintiff Class also includes unidentifiable future members.
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b. Commonality—Fed. R. Civ. P. 23(a)(2) 90. All members of the proposed Plaintiff Class are or will be subject to the same systemic unconstitutional policies, practices, acts, and omissions on the part of DefendantsRespondents described in this Complaint, and all are or will be at risk of adverse impacts on their physical and mental health resulting therefrom. 91. There are questions of law and fact common to the members of the class. 92. Such common questions of law include, but are not limited to:
 Whether Plaintiffs-Petitioners, and the putative class they seek to represent, are experiencing or will experience conditions of confinement that are so seriously deficient in providing for their basic needs as to constitute punishment, abuse, and neglect rather than rehabilitation and treatment;
 Whether Plaintiffs-Petitioners, and the putative class they seek to represent, face a substantial risk of serious harm under OJJ’s COVID-19 response plan (or lack thereof);
 Whether Plaintiffs-Petitioners, and the putative class they seek to represent, face a substantial risk of serious harm due to the COVID-19 pandemic; and
 Whether OJJ’s COVID-19 response plan (or lack thereof) amounts to deliberate indifference to Plaintiffs-Petitioners’ right and the right of the putative class members they seek to represent to be free from cruel and unusual punishment.
93. Such common questions of fact include, but are not limited to:
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 Whether Defendants-Respondents are aware or should have known of the substantial risk of serious harm Plaintiffs-Petitioners face under OJJ’s lack of an adequate COVID-19 response plan;
 Whether Defendants-Respondents have taken reasonable measures to abate the substantial risk of serious harm caused by the COVID-19 pandemic for the individuals who are within their custody;
 Whether Defendants-Respondents have promulgated adequate policies to protect against the harms of COVID-19;
 Whether Defendants-Respondents have ensured that OJJ’s secure care facilities have sufficient oversight, staffing, and resources to protect people from COVID-19;
 Whether OJJ’s COVID-19 response plan (or lack thereof) is consistent with CDC guidelines; and
 Whether Defendants-Respondents have ensured that the conditions in OJJ’s juvenile secure care facilities are adequate to accomplish the rehabilitative and treatment purposes of Plaintiffs-Petitioners’ confinement.
94. Defendants-Respondents are expected to raise common defenses to these claims, including denying that the conditions of confinement constitute punishment or that they are deliberately indifferent and denying that their actions violate the law.
c. Typicality—Fed. R. Civ. P. 23(a)(3) 95. Plaintiffs-Petitioners’ claims are typical of those of the Plaintiff Class, as their claims arise from the same policies, practices, or courses of conduct, and their claims are based on the same theory of law as the class’s claims. Named Plaintiffs-Petitioners are all subjected to
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the inadequate policies and practices of Defendants-Respondents. Named Plaintiffs-Petitioners and the proposed class they seek to represent have suffered or will suffer injuries or face a substantial risk of serious harm (including death) and will continue to be in this position due to Defendants-Respondents’ unlawful and unconstitutional policies and practices.
d. Adequacy—Fed. R. Civ. P. 23(a)(4) 96. Named Plaintiffs-Petitioners are adequate representatives of the Class because their interests in the vindication of the legal claims that they raise are entirely aligned with the interests of the other Class Members, who each have the same basic constitutional claims. They are members of the Class, and their interests coincide with, and are not antagonistic to, those of the other Class Members. 97. There are no known conflicts of interest among Class Members, all of whom have a similar interest in vindicating their constitutional rights. 98. Plaintiffs-Petitioners are represented by attorneys from the Promise of Justice Initiative, Law Office of John Adcock, Juvenile Law Center and O’Melveny & Myers LLP, all of whom who have experience in litigating complex civil rights matters related to incarcerated children and prisoners’ rights in federal court and extensive knowledge of both the details of Louisiana’s juvenile justice process and the relevant constitutional and statutory law. 99. Class counsel have a detailed understanding of local law and practices as they relate to federal constitutional requirements. III. Rule 23(b)(2) 100. Class action status is appropriate because Defendants-Respondents have acted or will act in the same unconstitutional manner with respect to all putative Class Members by enforcing the same set of policies and practices that expose Plaintiffs-Petitioners and the putative
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Class Members to a substantial risk of serious harm and result in the deprivation of PlaintiffsPetitioners’ and the putative Class Members’ constitutional rights. IV. Rule 23(b)(1)(A)
101. Class action status is appropriate because Defendants-Respondents have acted or will act in the same unconstitutional manner with respect to all putative Class Members by enforcing the same set of policies and practices that expose Plaintiffs-Petitioners and the putative Class Members to a substantial risk of serious harm and result in the deprivation of PlaintiffsPetitioners’ and the putative Class Members’ constitutional rights. There is therefore a risk of inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the class.
102. The Class therefore seeks declaratory and injunctive relief to enjoin DefendantsRespondents from exposing Plaintiffs-Petitioners and the putative Class members to a substantial risk of serious harm and depriving them of their constitutional rights in the manner described in this Complaint. Because the putative Class challenges Defendants-Respondents’ policies and practices as unconstitutional through declaratory and injunctive relief that would apply the same relief to every Class Member, Rule 23(b)(1)(a) certification is appropriate and necessary.
103. Injunctive relief compelling Defendants-Respondents to respect PlaintiffsPetitioners’ constitutional rights will similarly impact all the parties. Therefore, declaratory and injunctive relief with respect to the Class as a whole is appropriate.
CLAIMS FOR RELIEF I. 42 U.S.C. § 1983 Unlawful Conditions of Confinement and Deprivation of Due
Process (Fourteenth Amendment) 104. Plaintiffs-Petitioners repeat and re-allege the preceding paragraphs as if fully set forth in this Count.
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105. The conditions of Plaintiffs-Petitioners’ confinement violate their substantive due process rights arising from the Fourteenth Amendment, as described in this Complaint.
106. Named Plaintiffs-Petitioners and the putative class they seek to represent face a substantial risk of serious harm (including death) from the policies, actions and inactions of Defendants-Respondents in response the COVID-19 pandemic.
107. Defendants-Respondents have failed to take reasonable measures to abate that risk for children incarcerated in the four OJJ secure care facilities.
108. As a result, Plaintiffs-Petitioners have been deprived and continue to be deprived by the Defendants-Respondents of their rights under the Fourteenth Amendment to reasonably safe living conditions and to rehabilitative treatment.
109. Plaintiffs-Petitioners are held in OJJ custody for purposes and in furtherance of rehabilitation and treatment, not for retribution or punishment.143
110. The conditions of Plaintiffs-Petitioners’ confinement are so seriously deficient in providing for their basic needs as to constitute punishment rather than rehabilitation or treatment, in violation of their right to substantive due process arising from the Fourteenth Amendment.
111. Defendants-Respondents have drastically reduced or suspended the rehabilitative and treatment programs to which Plaintiffs-Petitioners are entitled upon their adjudication and commitment to OJJ custody, including therapeutic services, education, social activities, and recreation.
112. As a result, Plaintiffs-Petitioners have been deprived and continue to be deprived of their rights under the Fourteenth Amendment to rehabilitation and treatment services.
143 See supra n.17.
38

Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 41 of 47
113. Plaintiffs-Petitioners and the putative Class Members have no plain, adequate, or complete remedy at law to address any of the constitutional violations described herein.
114. Plaintiffs-Petitioners, on their own behalf and on behalf of the putative Class Members, seek injunctive and declaratory relief against all Defendants-Respondents to prevent the continued violation of their constitutional rights as detailed herein. II. 42 U.S.C. § 1983 Unlawful Conditions of Confinement (Eighth Amendment)
115. Plaintiffs-Petitioners repeat and re-allege the preceding paragraphs as if fully set forth in this Count.
116. The conditions of Plaintiffs-Petitioners’ confinement violate their right to be free from cruel and unusual punishment arising from the Eighth Amendment, as described in this Complaint.
117. The COVID-19 pandemic creates a substantial risk of serious harm (including death) to Plaintiffs-Petitioners from the policies, actions and inactions of DefendantsRespondents in response the COVID-19 pandemic—a risk of which Defendants-Respondents are well aware—and the Eighth Amendment requires that Defendants-Respondents take reasonable measures to abate that risk for the individuals who are within the State’s custody.
118. Defendants-Respondents have failed to take reasonable measures to abate that risk for children incarcerated in the four OJJ secure care facilities.
119. Defendants-Respondents knew or should have known of the substantial risk of harm that COVID-19 poses to Plaintiffs-Petitioners, and further knew or should have known of the particular risks of severe illness and possible death that Plaintiffs-Petitioners face as a result of the inherently congregate and unclean living conditions of incarceration. Despite this knowledge, Defendants-Respondents have failed to take reasonable measures to mitigate these dangers.
39

Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 42 of 47
120. Plaintiffs-Petitioners and the putative Class Members have no plain, adequate, or complete remedy at law to address the constitutional violations described herein.
121. Plaintiffs-Petitioners, on their own behalf and on behalf of the putative Class Members, seek injunctive and declaratory relief against all Defendants-Respondents to prevent the continued violation of their constitutional rights as detailed herein.
PRAYER FOR RELIEF Wherefore, Plaintiffs-Petitioners, on behalf of themselves and the putative class they seek to represent, request that this Court enter judgment in their favor and against DefendantsRespondents and prescribe the following relief:
a) Certification of this case as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(2) or 23(b)(1)(A), and appointing the undersigned as Class Counsel;
b) Injunctive and declaratory relief ordering that Defendants-Respondents’ policies and practices concerning COVID-19, in their totality, violate the Fourteenth Amendment to the United States Constitution;
c) An order and judgment declaring that Defendants-Respondents’ policies and practices concerning COVID-19, in their totality, violate the Eighth Amendment to the United States Constitution;
d) An order and judgment declaring that the conditions, acts, omissions, policies, and practices described above are in violation of the rights of Plaintiffs-Petitioners, and the rights of the Plaintiff Class they seek to represent, under the Fourteenth Amendment to the United States Constitution;
e) An order and judgment declaring that the conditions, acts, omissions, policies, and practices described above are in violation of the rights of Plaintiffs-Petitioners, 40

Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 43 of 47
and the rights of the Plaintiff Class they seek to represent, under the Eighth Amendment to the United States Constitution; f) A preliminary injunction enjoining Defendants-Respondents, their subordinates, agents, employees, representatives, contractors, and all others acting or purporting to act in concert with them or on their behalf from subjecting Plaintiffs-Petitioners and the putative class members to the illegal and unconstitutional conditions, acts, omissions, policies, and practices set forth above; g) A preliminary injunction ordering Defendants-Respondents to immediately conduct a review of all children currently held in the four OJJ secure care facilities, and ordering their release if feasible. The populations of children most likely to be released through this process should include those who meet the “presumptively eligible for release” standard, including (1) all class members who have contracted COVID-19; (2) all class members who have a pre-existing medical condition that the United States Centers for Disease Control (“CDC”) has determined puts them at significantly higher risk of contracting COVID-19 and developing complications, including death; (3) all class members currently eligible for furloughs in accordance with OJJ’s policies; and (4) all class members who can be safely returned to their communities, including children with 180 days or fewer remaining on their sentence; h) A preliminary injunction ordering Defendants-Respondents to develop and implement, within 48 hours, a plan to eliminate the substantial risk of serious harm that Plaintiffs-Petitioners and all members of the putative class, including, at a minimum:
41

Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 44 of 47
 That Defendants-Respondents promulgate and implement adequate policies and procedures related to COVID-19 that comply with the CDC Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities. These policies and procedures must ensure adequate staffing; resources; quality assurance; surveillance; auditing; data tracking; coordination with local, state, and federal health officials; education; clinical guidance; and training;
 That each COVID-19 patient in OJJ custody is evaluated by a medical professional;
 That Defendants-Respondents conduct testing for all children in the four OJJ secure care facilities, not only the few individuals who display obvious symptoms, on a regular basis and in accordance with CDC guidelines;
 That Defendants-Respondents eliminate or reduce to the greatest extent possible the transportation of children between the four OJJ secure care facilities;
 That Defendants-Respondents eliminate or reduce to the greatest extent possible the transportation of children from non-secure to secure facilities;
 That Defendants-Respondents assess and issue guidance to the relevant individuals at the four OJJ secure care facilities regarding the conditions of confinement in the four OJJ secure care facilities consistent with the CDC’s social distancing guidelines;
42

Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 45 of 47
 That Defendants-Respondents implement temperature checks and appropriate personal protective equipment for all individuals entering the four OJJ secure care facilities;
 That Defendants-Respondents suspend the use of solitary confinement and dorm confinement as a means of medical isolation;
 That Defendants-Respondents provide Plaintiffs-Petitioners with at least five hours per day of free and regular access to phones and video visitation with family and attorneys;
 That Defendants-Respondents provide Plaintiffs-Petitioners with online (or through other adaptive strategies) educational and therapeutic services and opportunities and physical activity and recreation;
 That Defendants-Respondents issue immediate guidance preventing staff from using inappropriate and excessive disciplinary measures, including pepper spray; and
i) A preliminary injunction ordering Defendants-Respondents to collect and publish, on an ongoing basis and separately for each secure care facility, the following information necessary to monitor Defendants-Respondents’ efforts to remedy the unlawful acts, omissions, conditions, and practices described in this Complaint:  The number of children tested and the number of children with positive test results for COVID-19 in each facility;  The number of facility personnel tested and the number of facility personnel with positive test results for COVID-19 in each facility;
43

Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 46 of 47

 The procedures used in the four OJJ secure care facilities for testing children and facility personnel;
 The number of children who have been considered for release under the process described in subsection (e) of this prayer for relief, and the disposition and basis for Defendants-Respondents’ decision for each child reviewed, including whether the child was actually released; and
j) Retain jurisdiction of this case until Defendants-Respondents have fully complied with the orders of this Court, and there is a reasonable assurance that DefendantsRespondents will continue to comply in the future absent continuing jurisdiction;
k) An order and judgment granting reasonable attorneys’ fees and costs pursuant to 42 U.S.C. § 1988; and
l) Any other relief this Court deems proper. Respectfully submitted this 14th day of May, 2020.

/s/ Mercedes Montagnes Mercedes Montagnes, La. Bar No. 33287 Nishi Kumar, La. Bar No. 37415 The Promise of Justice Initiative 1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529-5955 Facsimile: (504) 595-8006 Email: mmontagnes@defendla.org

Marsha Levick* Jessica Feierman* Karen U. Lindell* JUVENILE LAW CENTER 1800 JFK Boulevard, Suite 1900A Philadelphia, PA 19103 Telephone: (215) 625-0551 Email: mlevick@jlc.com

Stuart Sarnoff* Lisa Pensabene* Laura Aronsson* Mariam Kamran* O’MELVENY & MYERS LLP Times Square Tower 7 Times Square New York, NY 10036

Brandon Amash* O’MELVENY & MYERS LLP 610 Newport Center Drive 17th Floor Newport Beach, CA 92660 Telephone: (949) 823-6900 Email: bamash@omm.com
44

Case 3:20-cv-00293-JWD-EWD Document 1 05/14/20 Page 47 of 47

Telephone: (212) 326-2000 Email: ssarnoff@omm.com
John Adcock La. Bar No. 30372 Adcock Law LLC 3110 Canal Street New Orleans, LA 70119 Telephone: (504) 233-3125 Email: jnadcock@gmail.com
David Lash* O’MELVENY & MYERS LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071 Telephone: 213-430-6000 Email: dlash@omm.com
Attorneys for Plaintiffs
*Pro hac vice to be submitted

Benjamin Singer* Jason Yan* O’MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Telephone: (202) 383-5300 Email: bsinger@omm.com

45

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Case 3:20-cv-00293-JWD-EWD Document 1-1 05/14/20 Page 3 of 5

CIVIL COVER SHEET ADDENDUM

I(a) DEFENDANTS

JOHN BEL EDWARDS, In His Official Capacity As Governor Of Louisiana; THE LOUISIANA OFFICE OF JUVENILE JUSTICE; EDWARD DUSTIN BICKHAM, In His Official Capacity As Interim Deputy Secretary Of The Louisiana Office Of Juvenile Justice; JAMES WOODS, In His Official Capacity As The Director Of The Acadiana Center For Youth; SHANNON MATTHEWS, In Her Official Capacity As The Director Of The Bridge City Center For Youth; SHAWN HERBERT, In Her Official Capacity As The Director Of The Swanson Center For Youth At Monroe; and RODNEY WARD, In His Official Capacity As The Deputy Director Of The Swanson Center For Youth At Columbia

I(c) ATTORNEYS for Plaintiffs

Mercedes Montagnes, La. Bar No. 33287 Nishi Kumar, La. Bar No. 37415 The Promise of Justice Initiative 1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529-5955 Facsimile: (504) 595-8006 Email: mmontagnes@defendla.org

Stuart Sarnoff* Lisa Pensabene* Laura Aronsson* Mariam Kamran* O’MELVENY & MYERS LLP Times Square Tower 7 Times Square New York, NY 10036 Telephone: (212) 326-2000 Email: ssarnoff@omm.com

Marsha Levick* Jessica Feierman* Karen U. Lindell* JUVENILE LAW CENTER 1800 JFK Boulevard, Suite 1900A Philadelphia, PA 19103 (215) 625-0551 Email: mlevick@jlc.com

Brandon Amash* O’MELVENY & MYERS LLP 610 Newport Center Drive 17th Floor Newport Beach, CA 92660 Telephone: (949) 823-6900 Email: bamash@omm.com

John Adcock La. Bar No. 30372 Adcock Law LLC 3110 Canal Street New Orleans, LA 70119 Telephone: (504) 233-3125 Email: jnadcock@gmail.com

Benjamin Singer* Jason Yan* O’MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Telephone: (202) 383-5300 Email: bsinger@omm.com

1

Case 3:20-cv-00293-JWD-EWD Document 1-1 05/14/20 Page 4 of 5 David Lash* O’MELVENY & MYERS LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071 Telephone: 213-430-6000 Email: dlash@omm.com *Pro hac vice to be submitted
2

Case 3:20-cv-00293-JWD-EWD Document 1-1 05/14/20 Page 5 of 5
Stuart Sarnoff* Lisa Pensabene* Laura Aronsson* Mariam Kamran* O’MELVENY & MYERS LLP Times Square Tower 7 Times Square New York, NY 10036 Telephone: (212) 326-2000 Email: ssarnoff@omm.com
Brandon Amash* O’MELVENY & MYERS LLP 610 Newport Center Drive 17th Floor Newport Beach, CA 92660 Telephone: (949) 823-6900 Email: bamash@omm.com
Benjamin Singer* Jason Yan* O’MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Telephone: (202) 383-5300 Email: bsinger@omm.com
David Lash* O’MELVENY & MYERS LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071 Telephone: 213-430-6000 Email: dlash@omm.com
*Pro hac vice to be submitted
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Case 3:20-cv-00293-JWD-EWD Document 1-2 05/14/20 Page 2 of 10

DECLARATION OF DR. JULIE DEAUN GRAVES

I, Dr. Julie DeAun Graves, declare as follows:

1. My name is Julie DeAun Graves. I am a physician licensed to practice medicine in the states of Alabama, Florida, Maryland, Missouri, New Jersey, South Carolina, Texas, Virginia, Wisconsin, and in the District of Columbia. I am currently working in family medicine and public health private practice as the Associate Director of Clinical Services at Nurx. I have been certified by the American Board of Family Medicine since 1989.

2. I am a public health physician, previously serving as Regional Medical Director for the Texas Department of State Health Services for the Houston region, as Medical Services Coordinator for the Texas Department of Aging and Disability Services, and as a medical consultant to the Texas Medical Board. I managed the H1N1 influenza outbreak for the Texas State Supported Living Centers and oversaw public health efforts for the Houston region (population seven million) for Ebola virus, Zika virus, West Nile virus, highly pathogenic avian influenza, tuberculosis outbreaks, and natural disasters.

3. I obtained my medical degree and completed a surgical internship then family medicine residency at the University of Texas Southwestern Medical School in Dallas, Texas, then completed a fellowship in faculty development at the McLennan County Medical Education and Research Foundation in Waco, Texas. I earned a Master’s degree in Public Health and a Doctor of Philosophy in Management, Policy, and Statistics at the University of Texas School of Public Health. I have practiced family medicine and public health since 1989, and in 2018-

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2019 I was Associate Professor and Vice-Chair for Education at Georgetown University School of Medicine. At Nurx I care for patients seeking contraception, HIV (human immunodeficiency virus) prevention, sexually transmitted infection diagnosis and treatment, cervical cancer screening, and coronavirus (SARS-CoV-2, the virus that causes COVID-19) testing and treatment. I am a former member of the Public Health Committee of the Texas Medical Association and a former member of the Executive Board and current Governing Councilor of the American Public Health Association.

COVID-19

4. COVID-19 is an illness caused by the SARS-CoV-2 virus, which is a novel coronavirus that was first detected in humans during the outbreak (now a pandemic) we are experiencing now. The Centers for Disease Control and Prevention reports that as of May 12, 2020 at 4:00pm there were 1,342,594 cases reported in the United States, with cases reported in every state, and 80,820 reported deaths so far. See www.arcgis.com/apps/opsdashboard/index.html#/bda7594740fd402994 23467b48e9ecf6.

5. The United States is in the midst of the pandemic, and because there has been insufficient testing for cases, the reported cases numbers are lower than actual cases. There is a high probability that there are many more infected individuals in the population. The spread of the virus is faster and more dangerous when people are in close quarters. People with health conditions such as diabetes, asthma, emphysema, heart disease, kidney disease, pregnancy, diabetes, cancer, HIV, and autoimmune diseases such as lupus and rheumatoid arthritis are at higher risk for severe illness, complications, and death from COVID-

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19. The ratio of cases of COVID-19 to deaths from this illness is much higher than for other contagious diseases such as influenza. The SARS-CoV-2 virus damages the lung tissue, which means that even those who recover need prolonged medical care and rehabilitation. They are likely to have permanent disability from loss of lung capacity. The heart itself can be infected, and kidneys and the nervous system can also be impacted and damaged permanently.
6. While people over age 60 have higher death rates, severe cases of illness and deaths are reported in people of all ages, including children. While children make up a minority of COVID-19 patients hospitalized, children have died from COVID-19 and have also experienced serious medical complications that required ventilators and extended hospitalization. Most recently, new cases of Pediatric Multi-System Inflammatory Syndrome, thought to be associated with exposure to COVID-19, have emerged, including at least 93 cases in New York as well as additional cases across the United States and Europe. The syndrome, which appears in young people from birth to age 18, can progress to serious disease, including blood pressure instability, toxic shock and heart failure and has resulted in fatalities in children.
7. Children with pre-existing medical conditions such as asthma and diabetes are at heighted risk for serious complications from COVID. Children in the justice system are particularly at risk because of their high rates of unmet medical needs. The Survey of Youth in Residential Placement, the most comprehensive examination of the health needs of confined youth, reported that 69% of confined youth have an unmet health care need including injury, vision problems, hearing problems, dental needs, or other illness. High rates of childhood trauma among

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justice-involved youth also lead to heightened health risks in this population.
8. There is no vaccine and no treatment for COVID-19. We only have prevention as a tool to stop the pandemic. If people remain in congregate settings, most of them plus the staff who work with them will become infected, and many will die or have permanent disability. COVID-19 is transmitted from person to person by breathing in expired air that contains the droplets an infected person has coughed or the virus they have shed, or by touching a surface with the virus on it, unless there is full personal protective equipment: mask, gloves, gown, plus thorough hand washing before putting on the equipment and after removing it. The only way to avoid transmission is for people to distance themselves at least six feet from others (commonly referred to as “social distancing” or “physical distancing”). People should not be in large buildings full of many people, and people must practice frequent and thorough hand washing with adequate soap and water. If we do not implement these two steps – physical distancing and hand washing – the pandemic will only continue to spread and the number of deaths will continue to increase.
9. There is a national shortage of COVID-19 tests. Medical providers cannot test everyone who they believe should be tested, and so are presuming that people with a certain set of symptoms are positive. This is an appropriate and common situation with new infectious diseases and is a widely recognized strategy in public health disease control. Individuals and communities should not rely solely on the criteria of a positive COVID-19 test to implement precautions or quarantine symptomatic persons. A public health response requiring

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widespread preventive measure of physical distancing and appropriate hand washing is our only tool to slow the spread of the virus.

10. There is no question that requiring children to remain detained in congregate care facilities is more dangerous than the travel required to release children to their homes. While there is level of risk in traveling at this time, the risk of exposure in congregate care environments is much higher. All of the risks of exposure during travel – such as persons coming within six feet and transmitting the virus through respiratory droplets – also apply to congregate care environments, because multiple staff members are constantly entering and exiting the facility and there is potential for them to expose children to the virus. These children are at risk every single time a staff member or visitor walks into the facility – because any one of them could be an asymptomatic carrier of COVID-19. Even if juvenile and criminal justice facilities faithfully adhere to screening protocols to minimize the risk of transmission, there is still the risk that a staff member is an asymptomatic carrier. Children will be significantly safer in a home environment, where they can truly avoid public spaces and practice appropriate social distancing. For this reason, the American Academy of Pediatrics has recommended that juvenile justice agencies release youth who can be safely cared for in their home communities and that new admissions to juvenile detention facilities be reduced.
11. Many facilities are quarantining youth who exhibit coughing, fever, or difficulty breathing. This response is too late – if a child is not quarantined when there is an initial exposure, then there is much higher likelihood that the virus spreads around the facility, especially

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when everyone is in such close contact and social distancing is not possible.
CDC COVID-19 Guidance for Correctional and Detention Facilities
12. I have reviewed the CDC “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities” (CDC Detention Facility Guidance) issued March 23, 2020, https://www.cdc.gov/coronavirus/2019-ncov/community/correctiondetention/guidance-correctional-detention.html. The CDC Detention Facility Guidance highlights many ways in which people in detention facilities and congregate environments are at a higher risk of contracting COVID-19.

13. The CDC Detention Facility Guidance acknowledges that “(i)ncarcerated/detained persons live, work, eat, study, and recreate within congregate environments, heightening the potential for COVID19 to spread once introduced.” Further, it states that “(t)here are many opportunities for COVID-19 to be introduced into a correctional or detention facility, including daily staff ingress and egress; transfer of incarcerated/detained persons between facilities and systems, to court appearances, and to outside medical visits; and visits from family, legal representatives, and other community members.”

14. The CDC Detention Facility Guidance instructs facilities to “implement social distancing strategies to increase the physical space between incarcerated/detained persons (ideally six feet between all individuals, regardless of the presence of symptoms,” but acknowledges that “not all strategies will be feasible in all facilities.” Social distancing does not work when it is only followed part of the time. The CDC’s “Interim U.S. Guidance for Risk Assessment and Public Health

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Management of Healthcare Personnel with Potential Exposure in a Healthcare Setting to Patients with Coronavirus Disease (COVID-19)” issued on March 7, 2020 states that “(d)ata are insufficient to precisely define the duration of time that constitutes a prolonged exposure. However, until more is known about transmission risks, it is reasonable to consider an exposure greater than a few minutes as a prolonged exposure. Brief interactions are less likely to result in transmission; however, clinical symptoms of the patient and type of interaction (e.g., did the patient cough directly into the face of the HCP) remain important” and “(e)xamples of brief interactions include: briefly entering the patient room without having direct contact with the patient or their secretions/excretions, brief conversation at a triage desk with a patient who was not wearing a facemask.” Repeated interactions, even brief, that occur throughout the day in these facilities, are each an independent opportunity for transmission of infection. Because it is not known whether people who have recovered from infection develop immunity to subsequent infections with COVID19, and because transmission may occur when the infected person has no symptoms, each interaction between a staff member and a detainee and each interaction between two individual detainees or two individual staff members is an independent opportunity with the same risk of infection. The risks are additive with each interaction.
15. The CDC Detention Facility Guidance states that “The ability of incarcerated/detained persons to exercise disease prevention measures (e.g., frequent hand washing) may be limited and is determined by the supplies provided in the facility and by security considerations.” Facilities are instructed to provide no-cost access to liquid soap (or bar soap), running water, and hand drying supplies.

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16. Detention facilities are instructed to “(o)ffer the seasonal influenza vaccine to all incarcerated/detained persons (existing population and new intakes) and staff throughout the influenza seasons.” Preventing influenza cases in these facilities can speed the detection of COVID-19 cases and reduce pressure on healthcare resources.
17. Even if all of the recommendations made in the CDC Detention Facility Guidance are followed, the conditions of detention are such that children in detention and correctional settings would still be at high risk of contracting COVID-19. Because this virus is transmitted through droplets, through the air, and on surfaces, and because people who do not have symptoms but are infected transmit the virus to others, even one infected person in a facility, either a detainee or a staff member, can infect the majority of people in the facility. This is worsened by the crowded conditions in the facilities.
18. If we are to contain the spread of the COVID-19 virus, we must relocate as many people as possible out of congregate settings. If we prevent people from practicing adequate physical distancing from others and the other steps outlined above, institutional centers will become clusters in which high percentages of persons are infected with COVID-19. Such clusters not only endanger those who are immediately infected, but the health of those residing in the communities in which congregate facilities are located.
I declare under penalty of perjury that the foregoing is true and correct. Executed on May 12, 2020 in North Bay Village, Florida.

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_____________________________________ Julie DeAun Graves

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Case 3:20-cv-00293-JWD-EWD Document 1-3 05/14/20 Page 2 of 9
DECLARATION OF ANNE MARIE AMBROSE, PHYLLIS BECKER, SUSAN BURKE, GLADYS CARRION, PATRICK MCCARTHY, DAVID MUHAMMAD,
MARC SCHINDLER, AND VINCENT SCHIRALDI
We declare as follows:
1. We are former leaders of youth justice agencies in multiple states across the country. As members of the Steering Committee for Youth Correctional Leaders for Justice (YCLJ), we serve as a resource to the youth corrections field, engaging in an array of technical assistance, guidance, research and policy activities in order to advance reform. In March, YCLJ issued Recommendations for Youth Justice Systems During the COVID-19 Emergency signed on to by 32 current and former youth correctional administrators throughout the country recommending measures youth justice systems could take to avoid the inadvertent spread of the coronavirus into and out from youth correctional facilities.1
2. Anne Marie Ambrose is the Managing Director for the Technical Assistance Unit for Systems Improvement at Casey Family Programs. She was previously the Commissioner of Human Services for the City of Philadelphia with responsibility for child welfare and juvenile justice, and Bureau Director for child welfare and juvenile justice for the Commonwealth of Pennsylvania’s Department of Public Welfare.
3. Phyllis Becker is the former director of the Missouri Division of Youth Services.
4. Susan Burke is the former director of the Utah Division of Juvenile Justice Services.
5. Gladys Carrión is a Senior Fellow with the Columbia University Justice Lab and is the co-chair of Youth Correctional Leaders for Justice. She was previously Commissioner of New York City’s Administration for Children’s Services with responsibility for child welfare and juvenile justice, and the Commissioner of the New York State’s Office of Children and Family Services with responsibility for child welfare and juvenile justice.
1 Retrieved on 3/30/20 from https://yclj.org/covid19statement.

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6. Patrick McCarthy is a Stoneleigh Fellow and Research Scholar with the Columbia University Justice Lab, former director of the Delaware Division of Youth Rehabilitative Services and former President and CEO of the Annie E. Casey Foundation.
7. David Muhammad is the Executive Director of the National Institute for Criminal Justice Reform, he is the former Chief Probation Officer of Alameda County (in California) and the former Deputy Commissioner of the New York City Department of Probation.
8. Marc Schindler is Executive Director of the Justice Policy Institute and former interim director of Washington, D.C.’s Department of Youth Rehabilitation Services.
9. Vincent Schiraldi is co-director of the Columbia University Justice Lab, co-chair of Youth Correctional Leaders for Justice, former director of Washington, D.C.’s Department of Youth Rehabilitation Services, and former Commissioner of New York City Probation.
10. COVID-19 is a serious, highly contagious disease that is particularly likely to spread in juvenile detention and correctional settings. According to the most recently available information, COVID-19 cases have been confirmed for over 200 incarcerated individuals and over 100 facility staff members in adult and juvenile correctional settings across the United States.2 Incarcerated individuals have reported confirmed cases of COVID or COVID-like symptoms in 25 states.3
11. Worldwide, catastrophic COVID-19 outbreaks have already occurred. Data released on February 29 showed that almost half (233 out of 565) of new infection cases out of Wuhan, China were inmates in the city’s prison system.4 Iran recently released 54,000 prisoners to address the pandemic.5 The spread of the disease on cruise ships, churches, nursing
2 Ned Parker et al., Spread of Coronavirus accelerates in U.S. Prisons and Jails (March 28, 2020), available at https://www.reuters.com/article/us-health-coronavirus-usa-inmates-insigh/spread-ofcoronavirus-accelerates-in-us-jails-and-prisons-idUSKBN21F0TM. 3 COVID Behind Bars https//www.google.com/maps/d/u/0/viewer?mid=1cAMo2yrrmxupUZ_IJVBuuZO4UizfVxm8&ll=40.09 352283139395%2C-86.87937406451238&z=4. 4 ZI Yang, Cracks in the System: COVID-19 in Chinese Prisons, The Diplomat (March 9, 2020). 5 BBC News, Coronavirus: Iran temporarily frees 54,000 prisoners to combat spread https://www.bbc.com/news/world-middle-east-51723398 (March 3, 2020).

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homes and in malls further highlights the dangers of keeping multiple people enclosed in a confined space.
12. Louisiana has the highest number of known cases in any juvenile correctional system in the country.
13. Youth in juvenile justice facilities, including detention centers, correctional placements, group homes, and private facilities, live, eat, learn, and spend almost all of their time in close contact with each other. These facilities are, in many respects, designed for exactly the opposite of the physical distancing measures required by this pandemic. A myriad of living arrangements can be found in youth justice facilities, from single cells or rooms to double celling or bunking to large dorm-type sleeping arrangements, with a dozen or more youth sleeping in one large room in close quarters. Facilities generally include shared bathroom and showering facilities, dining facilities, and day rooms. During the day, youth are mostly “locked out” of their cells or rooms, forcing them into congregate environments. Programs and education, necessary for rehabilitation and the safe and secure operation of such facilities, almost always occur in groups and in spaces that rarely allow for distancing. Of course, in facilities in which youth sleep in dormitory settings, they are almost constantly congregated with one another.
14. Youth justice facilities do not have the capacity to ensure the hygiene and sanitizing necessary to protect from the spread of COVID-19. In many cases, youth do not even have regular access to soap and water that would allow them to wash hands when they sneeze, cough, prepare to eat, touch an object, or go from one room to another. Youth typically do not have access to hand sanitizer. Ventilation is often inadequate. And the facilities are not staffed sufficiently to ensure that all surfaces will be regularly cleaned and disinfected.
15. Youth justice facilities typically lack the medical staffing, and often the physical capacity, to hold young people in a safe medical quarantine. Relying on nearby hospitals risks overwhelming local, often rural, health systems; failure to properly treat infected youth risks facility-wide exposure.
16. Youth in the justice system tend to be less healthy than their peers. They have more gaps in Medicaid enrollment and higher rates of asthma and

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other medical vulnerabilities6 that can increase the severity of COVID19.7
17. Failing to release youth and properly address the justice system’s role in the spread of and exposure to COVID-19 will disparately impact Black, Latino, and Indigenous youth. Research consistently shows racial disparities in rates of incarceration. For example, in 2017, Black and native youth were incarcerated at 5.8 and 2.5 times the rate of white youth.8 In 2015, Latino youth were 1.7 times more likely to be incarcerated than white youth.9 Research has shown that these disparities reflect differential treatment from our justice system rather than differing youth behaviors.10
18. Youth correctional facilities are often short-staffed and generally staffed in shifts, with program, educational, health/mental health, and custody staff frequently rotating through these facilities three times a day, seven days a week. Like youth, these staff will have a very difficult time maintaining physical distance from the youth, risking carrying the virus into, or out from, the facility from their home communities.
19. Once they, their families and youth in the facilities begin to fall ill or test positive, staff will likely begin calling in sick, either because they or their family members are ill, or because they fear contracting the virus in a
6 Matthew C. Aalsma et al., Preventive Care Use Among Justice-Involved and Non–Justice-Involved Youth, Pediatrics (November, 2017). 7 Centers for Disease Control, What to Know About Asthma and COVID-19, https://www.cdc.gov/coronavirus/2019-ncov/need-extraprecautions/asthma.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019 -ncov%2Fspecific-groups%2Fasthma.html. 8 Sickmund, Melissa, T. J. Sladky, W. Kang, and Charles Puzzanchera, Easy Access to the Census of Juveniles in Residential Placement, Bureau of Justice Statistics. Washington, DC: U.S. Department of Justice (2019), available at https://www.ojjdp.gov/ojstatbb/ezacjrp/asp/State_Facility_Operation.asp?state=59&topic=State_Facil ity_Operation&year=2017&percent=rate; Puzzanchaera, Charles, Sladky, A., and Kang, W., “Easy Access to Juvenile Populations: 1990-2018.” Office of Juvenile Justice and Delinquency Prevention. Washington, DC: U.S. Department of Justice (2019), available at https://www.ojjdp.gov/ojstatbb/ezapop/asp/profile_selection.asp. 9 The Sentencing Project, Still Increase in Disparities in Juvenile Justice, 2017 available at https://www.sentencingproject.org/news/still-increase-racial-disparities-juvenile-justice/. 10 Pope, Carl E., Rick Lovell, and Heidi M. Hsia. Disproportionate Minority Confinement: A Review of the Research Literature from 1989 Through 2001. Juvenile Justice Clearinghouse/National Criminal Justice Reference Service. Rockville, MD: Office of Juvenile Justice and Delinquency Prevention (2002), available at https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=198428.

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closed setting. Staff will not only be required to quarantine themselves in the event of exposure, but the exposure or contagion of family members may also impede them from continuing to work. This could also exacerbate staff turnover and make staff recruitment more difficult. This, in turn, can thin already stretched staffing complements and endanger remaining youth and staff. These staffing issues are already plaguing Louisiana’s facilities. Illness among staff has resulted in the agency reassigning probation and parole officers to address vacancies. Staff report that they are not being paid overtime, are working in unsanitary conditions, and are concerned for their own health and safety as well as that of the youth who are incarcerated.
20. Combined, these staff disruptions will inevitably lead to diminished programming for youth, including education or special education, individual or group counseling and other rehabilitative programs. Reduced programming will likely lead to increased depression and frustration of residents. It may also lead to behavior problems in the facility, resulting in decreased safety for both youth and staff. It is not surprising, given the staffing disruptions, that there have been a number of disturbances and escapes in Louisiana’s juvenile justice facilities lately, as well as incidents of pepper spray being used on children, a practice that is growing increasingly rare in youth facilities around the country.
21. In attempting to comply with physical distancing recommendations to prevent the spread of COVID-19, OJJ facilities are instead relying on isolation of individual youth. Youth are confined to their dorms 23 hours a day – which has been shown to have negative consequences – with little to no programming or activities and limited virtual contact with their families. Withdrawing visitation, reducing or eliminating programs, reducing staffing complements and increasing isolation may dramatically increase the risk that youth will self-harm and is associated with risks lasting into adulthood, including poorer overall general health and increased incidence of suicide.11
22. Given the physical and staffing constraints of youth justice facilities, the only appropriate way for states to respond to the COVID-19 pandemic is to close intake to detention and placement facilities for all but the most
11 Casiano, H, Katz, LY, Globerman, D, Sareen, J. (2013). Suicide and deliberate self-injurious behavior in juvenile correctional facilities: A review. Journal of Canadian Child and Adolescent Psychiatry, 22(2), 118–124.

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serious offending youth and release as many youth as safely possible back to their homes.
23. This approach is widely supported. The Office of Juvenile Justice and Delinquency Prevention notes that during a pandemic, facilities should be ready to adjust intake and discharge, which could include admitting “only juveniles who present the greatest danger to the community or who are at highest risk of escaping from the jurisdiction of the local detention center during the pandemic. Another measure might be to accept no admissions during the disease outbreak.” 12 The National Governor’s Association and the Council of Juvenile Justice Administrators have similarly highlighted the importance of reducing admissions and releasing youth from juvenile facilities during this pandemic.13
24. Youth systems should quickly develop and implement individualized transition and aftercare plans for those currently in confinement; and policymakers should augment resources for community programming and access to health care to assure that releases are carried out in a safe manner. Families must be provided the necessary financial resources to meet the basic needs of their child, including adequate housing, food, access to educational supports, and health care.
25. Shifting youth from placement to home is possible, practical, and can be done safely. In New York City and Washington D.C., the vast majority of youth were safely moved out of incarceration and into community programs while ensuring public safety.14 This is true throughout the country; in the overwhelming majority of states, youth incarceration has declined by double-digits. Nationally, from 1997-2017, there has been a 59 percent decline in youth incarceration during which time youth crime has continued to plummet nationally by 71 percent. Because youth
12 U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Emergency Planning for Juvenile Justice Residential Facilities (2011), p. 32 available at https://www.ncjrs.gov/pdffiles1/ojjdp/234936.pdf. 13 National Governors Association, Memorandum on COVID-19 Responses in the Juvenile Justice System (March 30, 2020). https://www.nga.org/wp-content/uploads/2020/04/Memorandum_COVID19-Responses-in-the-Juvenile-Justice-System.pdf; Council of Juvenile Justice Administrators, COVID-19 Practice, Policy & Emergency Protocols in State Juvenile Facilities (May 2020). 14 Center for Children’s Law and Policy, Implementing New York’s Close to Home Initiative: A New Model for Youth Justice (2018) available at http://www.cclp.org/wp-content/uploads/2018/02/Close-toHome-Implementation-Report-Final.pdf; Liz Ryan and Marc Schinder, Notorious to Notable: the Crucial Role of the Philanthropic Community in Transforming the Juvenile Justice System in Washington, D.C, https://www.yumpu.com/en/document/read/41029454/notorious-to-notable.

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incarceration actually makes youth behavior worse, prioritizing community-based solutions whenever possible is not only medically appropriate, but also better for community safety.15
26. Reducing population to address the COVID crisis is not unprecedented nationally. Maryland’s highest court recently issued an order directing lower courts to consider the health risks posed by confining youth and encouraging the lower courts to use detention and confinement only to address safety concerns. This led to the release of over 200 young people, or a third of their population. Colorado Governor Jared Polis issued an executive order in early May giving the Department of Human Services authority to release young people without parole board review, and urged them to review all but the most serious cases for release. Michigan Governor Gretchen Whitmer similarly issued an executive order strongly encouraging release wherever possible and discouraging confinement for technical violations of parole. Detention numbers around the country have declined significantly since the pandemic reached the United States.16 The only population reduction effort for Louisiana’s juvenile prisons that has been reported was the possibility of extended furloughs for seven youth, out of an incarcerated population of more than 200.
For those youth who cannot be safely released back to the community, every effort must be made to ensure that youth and staff inside facilities stay safe and healthy. To that end, facilities must fully comply with all guidance currently being issued by public health officials, including maintaining social distance, increased handwashing, and frequent disinfecting and sanitization of common areas. Additionally, facilities must support youth during this unprecedented time by providing access to technology to facilitate communications with their families and loved ones, as well as distance learning and other activities aimed at supporting rehabilitation. Youth should have regular access to health and mental health care while in custody during this pandemic period to ensure they can get needed medications and support in a timely manner. Finally, under no circumstances should the current pandemic justify the use of punitive measures, such as room confinement or isolation.
15 Anna Aizer, Joseph J. Doyle, Jr., Juvenile Incarceration, Human Capital, and Future Crime: Evidence from Randomly Assigned Judges , The Quarterly Journal of Economics, Volume 130, Issue 2, May 2015, Pages 759–803, https://doi.org/10.1093/qje/qjv003. 16 Annie E. Casey Foundation, At Onset of the COVID-19 Pandemic, Dramatic and Rapid Reductions in Youth Detention (April 23, 2020), https://www.aecf.org/blog/at-onset-of-the-covid-19-pandemicdramatic-and-rapid-reductions-in-youth-de/.

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We declare under penalty of perjury that the foregoing is true and correct. Executed on May 8, 2020, Anne Marie Ambrose Phyllis Becker Susan Burke Gladys Carrion Patrick McCarthy David Muhammad Marc Schindler Vincent Schiraldi

Case 3:20-cv-00293-JWD-EWD Document 1-4 05/14/20 Page 1 of 5 EXHIBIT 3

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DECLARATION OF N.H I, N.H., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My initials are N.H. 2. I am at least 18 years of age and am competent to make this declaration. 3. My son J.H. is seventeen and is being held at Acadiana Center for Youth. He has been there
for about three weeks. He was previously housed at Bridge City Center for Youth. I don’t know if or when they plan on transferring him back. 4. Even though children and staff at Bridge City and at ACY have tested positive for COVID19, my son has never been tested. He is housed with 11 others in a dorm and is not able to maintain social distancing. He does not have a mask or any other PPE or any cleaning materials. He doesn’t have appropriate hygiene materials. One time when I was talking to him on the phone, he had one of his t-shirts wrapped around his face. I don’t know if there is any process for reintroducing “recovered” children back into the general population after they have COVID-19. The staff are coming back and forth into the facility and my son is scared of getting sick. I am worried about my son’s safety and well-being. 5. As a result of understaffing, my son has been subjected to inappropriate and excessive levels of discipline, putting him and all the other children at risk of harm. At both Bridge City and ACY, he was pepper sprayed by probation officers on multiple occasions. OJJ staff do not use pepper spray and do not use it in the facilities, but the probation officers do. Under the therapeutic model used by OJJ, they are not supposed by pepper spraying children. 6. After the incident at Bridge City, my son was pepper sprayed and everyone in his dorm was transported to ACY. They did not test the children for COVID-19 before transferring them to ACY.

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7. At ACY, my son was trying to hold back a boy who was getting in trouble with a probation officer for having a game or something like that. The officer pepper sprayed the boy, that boy had a seizure, and my son held the boy during the progression of the seizure. The child fainted and as my son was laying the child down, the probation officer then pepper sprayed my son. He has also been pepper sprayed on one other occasion by probation officers at ACY.
8. My son has underlying medical and mental health conditions, including ADHD and PTSD. He hasn’t had any access to therapy or his counselor.
9. I have had trouble accessing my child during COVID-19. There is no family visitation. I have not seen my son in three months. I have had one Zoom meeting with him. I have to pay for any phone calls that I am able to have with him. My son is smart but needs guidance, leadership, and love, which he is not being provided.
10. My son no longer has any access to education or other programming. He was working towards his high school diploma. The facility is not abiding by his Individualized Education Plan. The facilities are inadequate to be able to abide by his Individualized Education Plan.
11. I have spoken with staff at Bridge City, ACY, and OJJ to make my concerns known. I have emailed and called them. I have written letters to the regional managers at OJJ.
12. I would like my son to either be released early or come home to on furlough until all COVID-19 is absent from the facility and there is a vaccine. There is no reason for him to be detained right now. He is not receiving any educational or rehabilitative services. My ability to parent him is being impeded by the fact that he is in a facility and away from me. I can keep him safe at home until it is safe for him to return to his facility.
13. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist

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with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them information in support of this lawsuit. I have responded and will continue to respond to the lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of other individuals detained in Louisiana as long as I am a named plaintiff. 14. I seek only declaratory and injunctive relief on behalf of the class. I am not seeking monetary damages, and I understand this civil case will not result in the dismissal of any criminal proceedings against my son or others. 15. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so. 16. This declaration was read to me in English and I was able to make changes and corrections.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature:
/s/ Nishi Kumar Nishi Kumar on behalf of N.H. May 11, 2020

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I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant N.H. Out of necessity in light of the COVID-19 pandemic, I signed
the attached declaration on her behalf with her express consent. 3. I spoke with N.H. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 11, 2020 in New Orleans, Louisiana.
Signature:
/s/ Nishi Kumar Nishi Kumar May 11, 2020

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DECLARATION OF DR. SUSI VASSALLO CONCERNING THE RISK OF COVID-19 IN THE LOUISIANA STATE PRISON AT ANGOLA
1. I am a board-certified emergency room physician and medical toxicologist. I practice as an attending physician in the emergency room of Bellevue Hospital, a large urban emergency department in New York City, and have practiced at various sites in Texas for many years. I am a Clinical Professor of Emergency Medicine at the New York University School of Medicine. I am certified as a correctional health professional by NCCHC and have evaluated correctional health care systems in nine states. I evaluated the Louisiana State Prison at Angola (“Angola”) for The Promise of Justice Initiative in 2016 (and also conducted records review in 2018). I have also been retained by the Department of Homeland Security to review medical care delivery at its detention facilities, and the Fifth Circuit and other courts have relied on my reports.
2. Coronavirus disease of 2019 (COVID-19) is a viral pandemic. This is a novel virus for which there is no established curative medical treatment and no vaccine. Severe pneumonia is one of the serious consequences of COVID-19 and the lungs become filled with fluid. I have had patients tell me “I can’t do this anymore” as they realize they can no longer keep up the work of breathing and require life saving interventions.
3. The U.S. Centers for Disease Control (CDC) estimates that the reproduction rate of the virus, the R0, is 3.8-8.9-3.8, meaning that each newly infected person is estimated to infect on average 5.7 additional persons.1 This is highly infectious and only the great influenza pandemic of 1918 is thought to have higher infectivity. This is likely a function of all human populations currently being highly susceptible. The attack rate given an exposure is also high, estimated at 20-30% depending on community conditions, but may be as high as 80% in some settings and populations. The incubation period is thought to be 2-14 days, which is why isolation is generally 14 days.2 The long incubation period is particularly concerning for transmission rates given that so many people are asymptomatic and infectious.
4. The number of cases of COVID-19 in the United States are rising rapidly. On April 13, 2020, Johns Hopkins reported that there were 572,587 reported COVID-19 infections in the U.S. The number of deaths is over 23,000 but both cases and deaths are rising rapidly so by the time this declaration is read the numbers of both cases and deaths will be significantly larger. The number of cases of COVID-19 is the highest number of reported cases of any country in the world.
1 CDC, Emerging Infectious Diseases, High Contagiousness and Rapid Spread of Severe Acute Respiratory Syndrome Coronatvirus 2 (April 7, 2020), https://wwwnc.cdc.gov/eid/article/26/7/200282_article 2 The Incubation Period of Coronavirus Disease 2019 (COVID-19) From Publicly Reported Confirmed Cases: Estimation and Application (March 10, 2020), https://annals.org/aim/fullarticle/2762808/incubation-period-coronavirus-disease-2019-covid-19from-publicly-reported

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5. Louisiana has a rapidly accelerating rate of COVID-19 infections. A study from the University of Louisiana at Lafayette reported that COVID-19 cases grew at a 67.8% rate, the highest rate in the U.S.3 The Louisiana Department of Health reported on April 13, 2020 that there were 21,016 cases of COVID-19 with 884 deaths. Louisiana has the third most deaths per capita of any state in the U.S.
6. UpToDate reports an overall case mortality rate from the disease of 2.3. Louisiana has 884 deaths for 21,016 cases; more than 4.2% of persons diagnosed with the infection in Louisiana die.
7. The symptoms of COVID-19 present variably from fever, cough, chest pain, and headache to symptoms of loss of smell, diarrhea, aches, and vomiting.4 At present, there are no markers identified nor signs or symptoms that would predict clinical deterioration. In at least one study, half of the patients admitted to the intensive care unit for COVID died on the first day.5 However, COVID patients may also present insidiously and it is impossible to predict the course of the illness, who will do well, and who will not. It is my experience treating patients in the emergency departments of NYU Langone Health and Bellevue Hospital Center that patients are not always aware of the degree of hypoxia (lack of oxygen) present in their bodies. Unlike the more common experience of holding one’s breath for as long as possible and then gasping for breath, these patients teeter on the edge of death with no gasping for breath or feeling their need for oxygen. This has been shocking to us working in Emergency Departments. Immediately upon arrival to the hospital, life-saving measures may be required. In some cases the patients code (suffer cardiac arrest) precipitously. In other experiences, some patients have adequate oxygen saturations for days and then deteriorate. To wit, the Prime Minister of England Boris Johnson was able to stay at home for 12 days before he was transferred to the hospital intensive care unit. In some cases, corrections staff and medical staff on the frontline may not be alarmed by a patient’s complaint or appearance. This is not a predictable illness with a predictable course. There is no lab test that predicts the patient’s course. In fact, the laboratory tests for COVID may give inaccurate results. Fifteen percent of patients who are tested for COVID have a false negative, meaning they do indeed have COVID but the test is negative. Given the lack of tell-tale signs or a timeline for subsequent deterioration, it is absolutely critical and necessary that patients who test positive or likely positive (known as person under investigation) for COVID-19 or have been exposed and show symptoms, be within easy transportable distance of hospitals in the event that more critical care is necessary. The care required to
3 Coronavirus cases grew faster in Louisiana than anywhere else in the world: UL study, The Acadiana Advocate, Adam Daigle March 24, 2020, https://www.theadvocate.com/acadiana/news/coronavirus/article_94494420-6d4b-11ea-ac42ff7dd722c084.html. 4 Breaking News: Update on Evaluation and Management for COVID-19 Patients – Updated 4/7/20, Emergency Medicine News (March 31, 2020), https://journals.lww.com/emnews/blog/breakingnews/pages/post.aspx?PostID=508. 5 Covid-19 in Critically Ill Patients in the Seattle Region — Case Series, The New England Journal of Medicine (March 30, 2020), https://www.nejm.org/doi/pdf/10.1056/NEJMoa2004500?articleTools=true

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appropriately evaluate and provide treatment to patients with COVID includes lab testing, imaging, and treatment individualized to the presentation of the patient. This may range from oxygen therapy by nasal cannula, or high flow oxygen, continuous positive pressure masks; to intubation of the trachea and ventilator assistance. These are difficulty decisions influenced by not only the level of oxygen in the blood to the all important work of breathing. This viral infection is showing a serious predisposition to hypercoaguopathy and patients have pulmonary emboli (blood clots in the lungs) necessitating anticoaguation. Some patients’ clinical course are complicated by superimposed bacterial infections of the lungs. Fluid therapy is complicated by dehydration due to fever and decreased fluid intake due to illness and the need to restrict the willy-nilly administration of IV fluids as the lungs are damaged by the virus and the attempts to oxygenated using positive pressure. Camp J is located in a remote prison that is lacking in these capabilities and technologies and is at least an hour from a facility that could provide them.
8. During this pandemic, patients with COVID often present with cough or fever or both. However, there are enormous numbers of patients with other symptoms and no cough and or fever. In one study of critically ill patients, only 88% presented with cough and only 50% had a fever.6 In this pandemic, fatigue alone, sore throats, body aches, ear aches, or congestion frequently prove to be COVID. Abdominal pain with or without fever and cough is COVID. Back pain is COVID, with or without fever or cough. In fact most of our trauma patients at Bellevue, appendicitis and any other problem are found to have COVID. Diarrhea is COVID. Rash may be COVID and can be mistaken for other illnesses. Because the ACE2 receptors are on the intestines and the lungs, diarrhea is a common presentation. Screening for cough and or fever is inadequate to exclude the possibility of infection from COVID. Moreover, many patients are asymptomatic and are infectious to others.
9. Although advanced age and underlying illnesses or chronic medical conditions increase the risk of serious effects of COVID, the relatively young and healthy are also in the intensive care units and die. While fatalities have been highest for older patients, increasing evidence in the US has shown the dire risk that COVID-19 poses to younger patients. Young patients ages 20-54 years old can have serious complications from COVID-19 including hospital admission, admission to an intensive care unit, invasive ventilation, or death. As of late March 2020, 38% of those individuals hospitalized in the US were between 20-54 years old.7 Of those admitted to the ICU, 12% were aged 20-44 years and 36% were age 45-64 years. These statistics highlight the significant risk younger people are at for serious complications due to coronavirus. A few days ago, at the hospital where I work, there were 482 patients in isolation and 209 patients on ventilators. Almost 50% of the COVID positive patients are less than 65 years old. 13 patients are on extracorporeal membrane oxygenation, 10 are on
6 Covid-19 in Critically Ill Patients in the Seattle Region — Case Series, The New England Journal of Medicine (March 30, 2020), https://www.nejm.org/doi/full/10.1056/NEJMoa2004500 7 John Hopkins Medicine, Coronavirus and COVID-19: Younger Adults Are at Risk, Too, https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/coronavirus-andcovid-19-younger-adults-are-at-risk-too (accessed April 9, 2020).

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continuous venovenous dialysis. Autopsy studies are demonstrating widespread tissue destruction due to the COVID virus. The numbers show that all types of people – healthy and unhealthy, young and old – are impacted by this virus, and we are learning more each day.
10. Those incarcerated in U.S. jails and prisons make up 2.2 million people of our U.S. population.8 This population is one the most vulnerable in society, with high rates of coinfection with hepatitis C, HIV, and tuberculosis (TB). More specifically, the World Health Organization has identified the level of TB in prisons to be 100 times higher than that of the civilian population, due to the hazardous combination of overcrowding, poor ventilation, and inadequate treatment and diagnosis.9 The transmission of COVID-19 in prisons can easily be likened to the transmission of TB, where “social distancing” practices are impossible with inmates living in close quarters and the lack of available measures to ensure proper handwashing, hygiene, and sanitation. What’s more, half of this vulnerable population of incarcerated individuals have at least one comorbid condition, increasing the risk of poor outcomes for those who also contract COVID-19. COVID-19 is likely to rampantly spread within jails and prisons given its droplet aerosol transmission that is stable for hours and can even last on cardboard and metal surfaces for hours per the National Institutes of Health.10 This has been the experience at the Cook County Jail, which now has the highest outbreak numbers in the country.11
11. The Department of Corrections plan is to allow for the transfer of detained individuals including people who have not been convicted of a crime - from the state’s over 100 numerous jails and prisons to Camp J at Angola. It is my opinion that transferring detainees who test positive for COVID from jails around the state to Camp J is a medically unsound plan and contrary to public health guidelines for multiple reasons. First, it is against the recommendation of the Louisiana Department of Health.12 The State Health Officer, Jimmy Guidry, issued recommendations to prisons and juvenile detention centers on April 8, 2020. In it he states that correctional and detention centers should “have a trained Emergency Medical Service/Emergency Medical Technician (EMS/EMT) assess and transport anyone you think might have COVID--19 to a healthcare facility.” Camp J is not a healthcare facility and the DOC plan goes against this guidance.13 This plan is also against the guidance
8 Flattening the Curve for Incarcerated Populations — Covid-19 in Jails and Prisons, The New England Journal of Medicine (April 2, 2020), https://www.nejm.org/doi/full/10.1056/NEJMp2005687?query=featured_coronavirus 9 World Health Organization, Tuberculosis in Prisons, https://www.who.int/tb/areas-ofwork/population-groups/prisons-facts/en/ (accessed April 9, 2020). 10 National Institutes of Health, New coronavirus stable for hours on surfaces (March 17, 2020), https://www.nih.gov/news-events/news-releases/new-coronavirus-stable-hours-surfaces 11 Chicago’s Jail is Top U.S. Hot Spot as Virus Spreads Behind Bars, New York Times (April 8, 2020), https://www.nytimes.com/2020/04/08/us/coronavirus-cook-county-jail-chicago.html 12 Louisiana Department of Health, Office of Public Health, COVID-19; recommendations regarding prisons and juvenile detention centers (April 8, 2020). 13 Without any explanation, these recommendations were rescinded on April 9, 2020.

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of the CDC, which recommends that all transfers of incarcerated and detained people are suspended, unless necessary for medical evaluation, medical isolation/quarantine, care, extenuating security concerns, or to prevent overcrowding.14 Each facility should be able to provide isolation and quarantine services on-site. If not, release or repurposing of other unused spaces (dorms, hotels) is preferable to transfer. Even if up-to-date medical records are sent along with people who are transported to Angola, there is no indication that Angola is in a position to provide newly transferred detainees with any prescribed medications for underlying medical conditions, such as hypertension and diabetes; conditions that render patients vulnerable to severe COVID symptoms. The process of transporting COVID positive cases to a parish like West Feliciana with relatively fewer cases increases the risk of spread throughout that parish and the surrounding communities. Angola has a particularly vulnerable population with over 50% of people over 50 years of age, many of whom have high risk medical conditions and are vulnerable to serious medical complications if infected. Medical and custody staff are also at risk if they come into contact with infected transferred detainees and are likely to spread infection to the uninfected and vulnerable Angola population, no matter what measures are purportedly taken to isolate Camp J. Angola had insufficient staff when we reviewed in 2016 and there is no reason to believe they have seriously increased their staffing numbers since. Introduction of COVID-19 into the system will result in the existing Angola patients not having their substantial medical needs met.
12. The Department of Corrections has said that only people who have tested positive but are not displaying serious symptoms and who are not in medical distress are supposed to be sent to Camp J. There is no information or medical criteria on how to identify patients as meeting that definition. In fact, at this time, there is no way to define who will do well and who will do poorly. And nothing is said about what will happen if and when the medical conditions of those people deteriorate and medical intervention and hospitalization becomes necessary. As the other two medical experts in Lewis v. Cain and I noted in our review of care at Angola, the people incarcerated there lack access to hospital care across the board and this pandemic will only make it worse. Angola is remote from hospitals. The closest emergency room of any kind is at least 30 minutes away and it does not have a ventilator, and the space at that hospital is otherwise limited. The closest emergency room that can provide adequate services is in Baton Rouge, more than an hour away. Louisiana’s hospitals are already overwhelmed by COVID-19 cases, and transporting more people who have tested positive to a remote location with already-limited hospital beds puts those people at unnecessary risk. For example, people held in the East Baton Rouge Parish Prison who test positive are being transported more than an hour away to Camp J, putting staff who are transporting them at increased risk of transmission. And then transporting them back to Baton Rouge or New Orleans when they require hospitalization. People who test positive in the New Orleans jail could be taken three hours away to Camp J and then be transported to Baton Rouge or New Orleans when they require hospitalization. Angola is not set up to manage hospital level care including ventilation. Housing a COVID-19 patient on the
14 CDC, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html

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infirmary where the most vulnerable, uninfected, medically compromised patients are housed all the patients and staff at risk.
13. Additionally, the quality of care at Angola was substandard in 2016 when we produced a report of our investigation and again in 2018 based on selected record reviews. Physicians were not credentialed appropriately and did not provide medical care in line with national standards. While reviewing records, we noted many examples of failure to recognize indications for hospitalization, including many cases of failure to recognize typical signs of respiratory decompensation which is critical for COVID-19 patients. There were delays in transfer of patients to a hospital when indicated. Physicians, nurses, and EMTs failed to recognize “red flag” signs resulting in adverse events.
14. From our review, we also found that medical care was substandard in other ways that would impact the care that the positive transported detainees and any COVID-19 positive Angola inmates would be provided, either at Camp J or at the infirmary. For example, laboratory services are only available on weekdays and blood gas assessments are not available at all.
15. The Director of the CDC has warned that as many as 25% of individuals infected with COVID-19 may be symptom-free, leading to the broadening of their criteria as to who should wear masks.15 With limiting testing performed on asymptomatic patients, we cannot confirm or negate the presence of COVID-19 in an individual. As such, incarcerated individuals and staff can be infected with the virus and unknowingly spread it throughout the already overcrowded prison. We further cannot determine whether patients will abruptly need escalated medical care requiring hospitalization. One precautionary measure that must be taken is that people who are COVID positive are not transferred to Camp J, which is more than an hour from the closest hospital able to provide appropriate medical intervention.
16. Patients with severe COVID-19 symptoms may require critical specialists even if not in the intensive care unit; ICU-level supplies and specialized treatment, including but not limited to invasive mechanical ventilation, vasopressor treatment for low blood pressure, intravenous fluid therapy, support for kidney failure, respiratory therapists, and/or early antibiotics.16 High flow oxygen administered in a hospital is tricky; continuous positive pressure ventilation is tricky; the need for a ventilator is unpredictable except at the point of respiratory arrest. Treatment requires staff that have experience in using this equipment. The intensity of care and the protracted length of this care with this illness can not be provided at Angola or at any of the hospitals within an hour from Angola. What’s more, highly specific airborne precautions with N95 respirators, face shields, and gowns for personal protective equipment are critical to prevent spread of the virus. On a national level,
15 Infected but Feeling Fine: The Unwitting Coronavirus Spreaders, New York Times (March 31, 2020), https://www.nytimes.com/2020/03/31/health/coronavirus-asymptomatictransmission.html 16 Care for Critically Ill Patients with COVID-19, JAMA Insights (March 11, 2020), https://jamanetwork.com/journals/jama/fullarticle/2762996

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these supplies and highly advanced and expensive equipment of ventilators are limited across the country. Angola is lacking in these capabilities and is not an appropriate site to manage patients with COVID-19
17. In my experience in New York City and from what I know is happening in the rest of the country, there are not enough resources to battle the COVID pandemic in the big cities, much less in rural areas like West Feliciana Parish that only have two ambulances as of my last review. Even without the influx of positive detained transferees to Angola, West Feliciana would be strained for resources like ambulances and ambulance personnel. Ambulance personnel are being infected daily and they transmit the infection widely. Transporting many COVID positive people to the parish will further strain what is already a strained system, at increased risk to both those patients and the surrounding community.
18. Anyone who comes into proximity to someone who is tested positive for COVID is at increased risk of infection. COVID-19 is a highly contagious respiratory virus that spreads through droplets created when an infected person coughs, sneezes or speaks. Normal breathing can spread the virus. The virus can also be transmitted through saliva or discharge from the nose. While the droplets generated by infected people only hang in the air for a short period of time, they can easily be breathed in by people within one meter of a person with COVID-19. Furthermore, the droplets generated will contaminate the surfaces they land on resulting in transmission of the virus if someone touches a contaminated surface and then touches their eyes, nose or mouth before washing their hands. In the close-quarters setting of a vehicle this means that even one infected person could easily spread the virus to everyone else in the vehicle. Additionally, reduced airflow in a transport vehicle could result in higher concentrations of contaminated droplets remaining in the air and on surfaces. Transport should be avoided unless necessary for hospitalization and then only having to travel a short distance to the hospital is the safest option. Staff at Angola may contract the virus as a result of its high infectivity and then spread the virus amongst the West Feliciana community. There are only 46 confirmed cases in West Feliciana as of April 12, 2020. The high concentration of infected persons at Angola would increase the likelihood of the virus spreading to West Feliciana community members via infected Angola medical and custodial staff who are exposed to those viral loads.
19. Many studies have shown the increased risk for serious complications in patients infected with COVID-19 that also suffer from comorbidities. Those comorbidities include common health problems like hypertension and diabetes, among others. Many people in jails and prisons have multiple comorbidities and are at an even higher risk of complications. The complications include development of serious illness such as acute respiratory distress syndrome (ARDS) requiring admission to an intensive care unit, invasive ventilation or death. Studies found that COPD, diabetes, hypertension, cancer, and the presence of multiple comorbidities resulted in the highest increased risk of the above mentioned serious complications. 17 This puts the most vulnerable patient populations, including people in jails
17 Comorbidity and its impact on 1590 patients with Covid-19 in China: A Nationwide Analysis, European Respiratory Journal (March 26, 2020), https://doi.org/10.1183/13993003.00547-2020

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and prisons with chronic health problems, at increased risk for severe medical complications or death from COVID-19. If transferred to Camp J, transferred detainees – particularly those who had only been incarcerated for short periods of time and not sufficiently evaluated by medical staff – may also have difficulties or delays in getting any of their regular prescribed medications for conditions such as hypertension and diabetes, even if they are transported to Angola with their medical records.
20. COVID-19 can result in serious complications leading to death where people feel the same pain as if they were drowning because their lungs are so filled with fluid. In cases where people are suffering from life-limiting illness due to COVID-19 it is imperative that they have access to palliative care. Palliative care is a crucial part of any health care plan to ensure that patients do not suffer needlessly and that in the case of life-limiting illness the treatments needed to relieve suffering are available.18 Furthermore, a robust supply of medicines, equipment and trained medical professionals is required to appropriately treat and manage patients with COVID-19. The DOC plan (provision of Tylenol, Motrin, NS for IV flush, Imodium, and Insulin) is insufficient as a response to the needs of COVID-19 positive patients. The provision of morphine or other end-of-life drugs is crucial to manage pain and symptoms and to allow for a humane death. The pandemic has resulted in widespread shortages of the pharmaceuticals needed to treat COVID patients.
My recommendations for the DOC to mitigate the spread of the coronavirus among Louisiana’s incarcerated population are:
1. Transfer people who test negative for COVID-19 to Angola to free up space in the remaining DOC facilities so that the non-Angola incarcerated populations will be able to practice social distancing and will have space to provide appropriate quarantine and isolation areas for those who test positive or may be positive.
2. House COVID-19 patients in locations where they can reach a hospital—one that is equipped to treat severe COVID-19 symptoms—quickly. The illness progresses quickly and unpredictably; patients’ symptoms can worsen very suddenly, so it is not safe for them to be housed far from a hospital. To move COVID-19 patients farther from health care is anathema to the care of these patients. The emphasis must be on these patients being housed near to the care they need.
3. Protect the current Angola population—many of whom are elderly and chronically ill and therefore at greater risk of developing severe or deadly COVID-19 symptoms—from an increased risk of infection by not transferring any confirmed COVID-19 patients to Camp J or any other part of Angola.
4. Increase the chances of survival for COVID-19 patients by not transferring them to Angola, which is located in a parish where there are no ventilators. No one can predict whether a COVID-19 patient’s symptoms will progress to the point of respiratory distress such that
18 The Role of Palliative Care in a COVID-19 Pandemic, Shiley Institute for Palliative Care, https://csupalliativecare.org/palliative-care-and-covid-19/ (accessed April 9, 2020).

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the patient will require a ventilator; patients can deteriorate very rapidly. If a patient tests positive for COVID-19, that patient is at risk of requiring a ventilator and should not be housed in a location where there are none.
5. Involve the Department of Health in the development of any transport plans for medical isolation needs and follow the Department’s initially guidance and advice as well as the CDC’s guidance regarding transport.
6. Prepare for a widespread outbreak by streamlining medical power of authority.
7. Prepare for a widespread outbreak by developing adequate policies related to palliative care for incarcerated individuals who may die from COVID-19 complications.
8. Reduce the incarcerated population by allowing furlough for anyone who is 60 years of age or older and for anyone who has an underlying medical condition that puts him or her at greater risk of developing a severe case of COVID-19. This will allow incarcerated individuals to practice social distancing throughout the state and free up space for appropriate quarantine and isolation units at individual DOC facilities. All of these measures would reduce the risk of a widespread outbreak among the incarcerated population.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on April 13, 2020 in New York, New York.
/s/ Susi Vassallo
Susi Vassallo

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Case 3:20-cv-00293-JWD-EWD Document 1-7 05/14/20 Page 1 of 6 EXHIBIT 6

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DECLARATION OF L.P. I, L.P., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My initials are L.P. 2. I am at least 18 years of age and am competent to make this declaration. 3. My son is being held at the Acadiana Center for Youth. His release date is in February 2021.
He was previously housed at the Bridge City Center for Youth and then was moved to the Swanson Center for Youth after the riot incident and then the Acadiana Center for Youth about a week ago. When he was moved to Swanson he did not have clothes, shoes, or any of his belongings. They have not brought him any of those things in Acadiana. His possessions are very important to him and them being taken away from him could trigger some of his underlying issues. 4. My son has had to have surgery twice while in OJJ’s custody. I know from that experience that they do not provide sufficient medical care. Their follow up with parents on medical diagnoses and treatment is woefully negligent. When my son needed ice after he tore his ACL, he was denied it. 5. My son has underlying medical and mental health conditions, including bipolar disorder, major depressive disorder, ADD, and behavior disorder. Before he was in OJJ custody, he received very active mental health treatment and therapy, including community-based services and medication. 6. My son was supposed to be receiving physical therapy for his ACL injury and hasn’t been receiving it. He has requested mental health treatment due to the COVID circumstances and they will not put him on medication. He said he really thought he needed to get back on medication so I reached out to Wellpoint daily and did not get phone calls back. They would not be present at the facility and OJJ staff said they had to reach out to Wellpoint. I was told

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he would not get medication because he was non-compliant in the past. I told them that was illegal and ludicrous – people with mental health issues go through periods of noncompliance and that should not prevent them from getting their medicine. 7. My son was at Bridge City when the riot occurred and was transferred to Swanson afterwards. The probation officer used pepper spray on him when he was trying to get a game from another dorm. They had gotten some sort of special permission to use pepper spray on the kids. His skin was burning afterwards. He had to wait two hours after being pepper sprayed to be taken to the infirmary. He did not receive any medical treatment, and was just told to rinse out his eyes. 8. He has not been tested for COVID-19 to my knowledge, although other children at the facility tested positive. He was feeling really sick at one point and requested to be tested since he does not get sick very often. He was told he wasn’t eligible for a test and wasn’t going to get tested. He knew there were people around him who had tested positive. 9. As far as I know, there is no process for reintroducing “recovered” children to the general population. At Bridge City they were all in the dorm together and locked down 23 hours a day. There is no social distancing being practiced in the dorm. There are no policies around interactions with staff and other children. My son has not gotten a mask or any other protective materials and I don’t believe any of the other children have either. I had a mask for him but was not able to send it to him. They haven’t gotten any cleaning materials or hand sanitizer. My son is normally very clean and has not received anything to disinfect his living area. I am not allowed to send him those things. 10. There has been a serious decline in correctional staff since COVID-19. I am worried about my son’s health and safety. The staff is not listening to the children when they articulate their

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needs and they are not being heard. I as a parent cannot advocate for him because nobody returns phone calls. 11. There are no family or attorney visits allowed. The last time I saw my son was around Christmas. I have requested a video conference and finally received one last week after almost two months of requests. 12. All schooling and other developmental training has been suspended. My son was taking college courses online but has not been allowed to do so because of understaffing issues due to COVID. All social activities have been suspended. My son must be bored out of his mind and for children like him with mental health issues being locked in a dorm is very harmful for them. 13. My access to my child and access to information about him and his wellbeing has been impeded. All I have received is a call telling me they were taking him to Swanson and then later taking him to Acadiana. 14. My son has previously been able to come home before for short periods of time. I would like my son to come home to rest and recover on furlough until all COVID-19 is absent from the facility, everyone has been tested, and there is a vaccine. There is no reason for him to be detained right now. He is not receiving any rehabilitative services. My ability to parent him is being impeded by the fact that he is in a facility and away from me. It is the worst feeling for a mom ever. I have always been an advocate for the justice system and doing the right thing and they are punishing and treating my child unfairly. 15. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them

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information in support of this lawsuit. I have responded and will continue to respond to the lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of the family members of other individuals detained in Louisiana as long as I am a named plaintiff. 16. I seek only declaratory and injunctive relief on behalf of the subclass. I am not seeking monetary damages, and I understand this civil case will not result in the dismissal of any criminal proceedings against my son or others. 17. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so. 18. This declaration was read to me in English and I was able to make changes and corrections.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature:
/s/ Nishi Kumar Nishi Kumar on behalf of L.P. May 12, 2020

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I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant L.P. Out of necessity in light of the COVID-19 pandemic, I signed
the attached declaration on her behalf with her express consent. 3. I spoke with L.P. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 12, 2020 in New Orleans, Louisiana.
Signature:
/s/ Nishi Kumar Nishi Kumar May 12, 2020

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DECLARATION OF B.B. I, B.B., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My name is B.B. 2. I am at least 18 years of age and am competent to make this declaration. 3. My son J.B. is fifteen and is being held at Acadiana Center for Youth in Bunkie, LA. He had
previously been housed at Bridge City Center for Youth in Bridge City, LA. He had been there since December 2019. He was transferred from Bridge City to Acadiana on April 21, 2020, after the riot. 4. Even before COVID-19, my son was being mistreated at Bridge City. He has been abused and had to fight for his food. Another child put him in a chokehold and he fainted. Staff are not watching over the children. They never respond or answer the phone. I have sat on hold for several hours trying to talk to someone. He was pepper sprayed after the riot by a probation officer. 5. I have not seen my son since February 15, 2020 when I had a meet-and-greet at the facility. When I went to see him on February 22, 2020, they would not let me in the facility even though I had taken off from my job in order to go see him. I am very worried about my son and cannot do anything for him because he is so far away. 6. Children and staff at Bridge City have tested positive for COVID-19 and nobody from the facility called me to let me know. My son was housed in a dorm with 11 other children and some of the boys in the dorm tested positive. My son was not tested for COVID-19. He did not get masks or hand sanitizer or any other protective materials or cleaning materials. He is not able to practice social distancing. My son was not instructed to stay away from staff or other children. He is also housed in a dorm in Acadiana with 11 other children.

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7. My son was moved after the riot at Bridge City and is now at Acadiana where I cannot visit him. I was only able to talk to him every so often when he was at Bridge City. At Acadiana I have been able two video calls. He hasn’t gotten the letter I sent him.
8. He has underlying medical and mental health conditions, including a low immune system. He has not received a COVID-19 test and they have not been taking his temperature.
9. My son is not provided with any educational services or other programming. He hasn’t been in school since March. He is sometimes allowed to go outside.
10. I would like my son to come home on furlough until all COVID-19 is absent from the facility and everyone has been tested and there is a vaccine. There is no reason for him to be detained right now. He is not receiving any rehabilitative services. My ability to parent him is being impeded by the fact that he is in a facility and away from me. He has a safe home to come home to.
11. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them information in support of this lawsuit. I have responded and will continue to respond to the lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of the family members of other individuals detained in Louisiana as long as I am a named plaintiff.
12. I seek only declaratory and injunctive relief on behalf of the class. I am not seeking monetary damages, and I understand this civil case will not result in the dismissal of any criminal proceedings against my son or others.

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13. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so.
14. This declaration was read to me in English and I was able to make changes and corrections. I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature: /s/ Nishi Kumar Nishi Kumar on behalf of B.B. May 12, 2020

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I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant B.B. Out of necessity in light of the COVID-19 pandemic, I signed
the attached declaration on her behalf with her express consent. 3. I spoke with B.B. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 12, 2020 in New Orleans, Louisiana.
Signature:
/s/ Nishi Kumar Nishi Kumar May 12, 2020

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DECLARATION OF GLENN HOLT
I, Glenn Holt, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I have 26 years of experience in senior level public administration and policy in the juvenile and criminal justice fields. I have worked for the government at the state, county/parish, and city level. I worked for the Louisiana Office of Juvenile Justice in its previous iteration from 2005 to 2009. I was the Director of the Swanson Center for Youth in Monroe from 2005 to 2007 and a Deputy Assistant Secretary of OJJ from 2007 to 2009. I then worked for the City of New Orleans from 2010 to 2016. I went back to work at OJJ in 2016 and was a Deputy Assistant Secretary/Assistant Secretary/Regional Director from 2016 to 2019. I am currently the Deputy Director for the Arkansas Division of Youth Services. I have also worked as a Treatment Manager for the Iowa Department of Corrections and the Director of the Polk County Juvenile Detention Center. I have been certified as a juvenile justice expert before courts in Louisiana. I have testified on behalf of the Iowa Department of Corrections in federal court.
2. I have first-hand knowledge of policy-making procedures at OJJ and the pandemic policy in particular. At OJJ, I have worked with facility directors to institute the Missouri model1 that was mandated under a federal consent decree. I was responsible for writing policy and procedure at both the facility level and at the OJJ level. When I was Assistant Secretary, I drafted and approved policies and procedures and made edits to existing policies as necessary, including the emergency operations plan and the pandemic policy. I was the point of contact for the Department of Homeland Security. After the last major flu outbreak, I wrote the facility and agency policy for how we would respond to the next type of pandemic outbreak. It has been updated since, but I have reviewed the most recent version dated December 11, 2019,2 and very little has changed from the version I drafted. In Arkansas, we updated our pandemic policy using the interim guidance specific to correctional facilities from the Centers for Disease Control (“CDC”)3 as well as guidance from the Arkansas Department of Health. We mandated that the companies we contract with that directly run the juvenile facilities update their policies in accordance with our updated policy. It does not appear that OJJ has updated its policies to implement the CDC guidance. For example, the facilities should be asking all staff and children a set of diagnostic questions about general health, including cough, fever, and other COVID-related symptoms on a daily basis. OJJ should be getting reports on all testing numbers from each facility. Any staff that has a temperature of 100 degrees or more should be denied entrance to the facility. If anyone has
1 The Annie E. Casey Foundation, The Missouri Model: Reinventing the Practice of Rehabilitating Youthful Offenders, (Jan. 1, 2010), https://www.aecf.org/resources/the-missouri-model/ 2 Office of Juvenile Justice, Influenza Preparedness, Response and Recovery A.1.13, (December 11, 2019), available at https://ojj.la.gov/wp-content/uploads/2020/01/A.1.13.pdf. 3 CDC, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities” (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html.
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traveled within the last 14 days, they should be denied entrance to the facility. If anyone has had contract with anyone with COVID or who has been suspected to have COVID, they should be denied entrance to the facility. It is OJJ’s job to keep all staff and children across all its facilities safe. According to their written policy, OJJ does not require any of these measures.
3. Within the facilities, there should be twice daily temperature checks and general questions (cough, any other symptoms) for every child. If symptomatic at all, the facility should be in contact with the Department of Health and set up a medical assessment. If at all possible, every child that has come into contact with another child or staff member that tests COVID positive should be tested because we know that many people are asymptomatic carriers.4 I would also test all staff who had been on the unit where the infected person was within the last 2-4 days. In Arkansas, for example, we had a child in a mental health hospital where a youth later tested positive (along with six others). Even though the child in our custody had been transferred out of the hospital 8 days earlier and was at a group home and had no symptoms, we managed to get him tested.
4. None of the four secure care facilities in Louisiana is designed to handle more than three or four children in the infirmary. The infirmaries are all bare minimum, open bay, with three or four beds and staff need to be inside to supervise. Swanson and ACY each have one negative pressure room but you can only put one patient there. There are only one or two nurses (a mix of RNs and LPNs) per shift at each facility. There is not enough PPE to manage an outbreak in any of the facilities based on the nature of COVID, even if they had were stockpiled according to the pandemic policy.
5. For any youth that are at risk because of underlying medical conditions – including hypertension, severe obesity, asthma5 – in accordance with CDC guidelines I would increase medical surveillance (i.e. take their blood pressure every couple of hours) and make sure their medical management was in place in the instance they test positive for COVID. I would arrange necessary transport to the appropriate hospital for higher level care of treatment if it became necessary.
6. Per its pandemic policy, OJJ should have started with the assumption that the facilities will not be fully staffed and will lose approximately 30-40% of staff due to illness or illness in their family.6 Because of high turnover and use of sick leave, OJJ’s relief factor is almost 2:1, meaning for every guard assigned to a scheduled shift you need approximately two employees available to cover that shift. OJJ was already severely understaffed at all four
4 CDC, “Clinical Presentation in Children,” https://www.cdc.gov/coronavirus/2019ncov/hcp/pediatric-hcp.html (last visited May 7, 2020). 5 CDC, “At Risk for Severe Illness,” https://www.cdc.gov/coronavirus/2019-ncov/need-extraprecautions/groups-at-higher-risk.html (last visited May 7, 2020). 6 Office of Juvenile Justice, Influenza Preparedness, Response and Recovery A.1.13, (December 11, 2019), available at https://ojj.la.gov/wp-content/uploads/2020/01/A.1.13.pdf.
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facilities prior to the COVID outbreak.7 Under normal circumstances, there are two staff per dorm. Staff take children to and from wherever they need to go, including to and from the infirmary and to and from the social worker.
7. It would be highly difficult to ensure social distancing within the dorms if they are used for quarantine or isolation. For example, in the dorms on the second floor of Bridge City Center for Youth, the beds are six feet apart. Therefore, for effective social distancing, you must ensure that the children stay on their beds at all times. The bathrooms are shared and would need to be individually sanitized between uses. It is impossible for staff to stay six feet away from the children and perform their jobs, putting both the staff and children at risk.
8. During this pandemic, we are able to maintain educational services in Arkansas because we use online schooling called Virtual Arkansas. This allows the children to continue to receive individualized educational services and allows those who are on-track to continue to progress timely towards getting their high school diploma or GED, while maintaining social distancing. OJJ should make every effort to keep schedules and programming as normal as possible amidst the pandemic and in compliance with CDC guidelines. Instead, OJJ shut down all their schooling and programming. Children have poor impulse control and get bored very easily. Levels of horseplay become higher and could turn into fights, especially if staff are also bored. You can breed lazy practices and high incidents of physical altercations between kids that is driven more by boredom than anything else. If possible, I would only isolate the dorms that need to be quarantined or isolated and let the other dorms run as normal – you want to maintain normalcy as much as possible with increased sanitation practices. If programming and school are not being provided, there is really no point of holding the children in the facilities.8
9. OJJ’s first and continued response should have been to shrink the campuses as much as possible to protect children and staff. They should look at getting anyone within 30-45 days of release out early, look at doing furloughs (that are available for up to 30 days),9 and identify anyone with an upcoming court review. If they had shrunk the size of the campuses, they could have lessened the likelihood of having COVID positive patients in those facilities at all. Now that COVID is inside the facilities, shrinking the campuses minimizes the
7 Oversight of Safety in Secure Care Facilities, Performance Audit Services, (June 6, 2018), https://www.lla.la.gov/PublicReports.nsf/64DF5EBB49AE4404862582A40078718D/$FILE/0001 94C2.pdf (“Staffing challenges, such as high turnover, make it difficult for OJJ to maintain required staff to youth ratios, which affects the overall safety of the facilities.”). 8 Office of Juvenile Justice, “Secure Care Handbook for Parents,” (Sept. 13, 2017), available at https://ojj.la.gov/wpcontent/uploads/2017/09/SecureCareHandbookforParents_13September2017.pdf (“Youth in secure care receive a variety of treatment and rehabilitative services designed to help them learn to make better choices, provide life skills and prepare them for release. OJJ’s goal is to help your son learn the life skills needed to become a law-abiding, productive citizen.”). 9 Office of Juvenile Justice, Furlough Process C.4.1, (July 11, 2017), available at https://ojj.la.gov/wpcontent/uploads/2018/07/C.4.1.pdf
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potential spread and the impact on operations. The Governor could instruct OJJ to effect widespread releases in a rational way. Any child who is furlough eligible should be furloughed after making sure the home they would go to does not pose a COVID risk to the child (which can be assessed virtually). If they test every child before they came back to the facility, no home evaluation is necessary. I would also prioritize furloughing any children that are at risk medically if they got COVID – including kids with a history of asthma or who are obese. There are adolescents who have died and their condition can turn very quickly. They need a higher level of medical care than can be provided at any of the facilities. Acadiana is in Bunkie and very far from any advanced life support facility – almost an hour. Swanson Center in Columbia is at least twenty or thirty minutes from a hospital. Shrinking the campus through early releases and furloughs ensures the health of any children and the staff that remain.
10. It is extremely important that family members and children in facilities have high levels of frequent contact right now, preferably visual contact. This manages the level of anxiety and fear on both ends.10 Children should be allowed to have multiple phone calls a week and it should be switched over to a non-paid phone system. Case managers have direct lines that children can use to reach their family members as well. OJJ should make sure family members and children could have face-to-face video visitation as much as possible. Video conference capabilities already exists at all the facilities and at all the regional offices. OJJ can assist parents in setting up Zoom calls for any parents that have that capability. In Arkansas, we upped installation of TV monitors so that we could use Zoom for visitation and said children and parents can get as many phone calls as they want. I want parents to have connection to their child.
11. Information-sharing and transparency is key during a pandemic and should be built into OJJ’s COVID response. Facility directors need to have the authority to answer direct questions from family members about their children and their medical status and what is happening at the facility, subject to any operational concerns. Facility directors should be accessible to parents. We have a responsibility and duty to be transparent with family members during this time and help them maintain their connection to their children.
12. OJJ’s response to COVID-19 has put the children in their custody at risk of serious medical complications, including death. One of the most troubling responses is the level of force that is being used by officers – specifically probation officers – against children. For example, the use of pepper spray was immediately removed from the juvenile facilities and the future use
10 Office of Juvenile Justice, “Secure Care Handbook for Parents,” (Sept. 13, 2017), available at https://ojj.la.gov/wpcontent/uploads/2017/09/SecureCareHandbookforParents_13September2017.pdf (“Support and visitation by family members are very important to your son’s well-being. Your visits can motivate and inspire him to participate in programming and meet the goals of his treatment plan, which may result in an earlier release date. You can make a difference for your son. Your visits show that you care and that he has not been forgotten. While visiting, you will be able to meet with staff to discuss your son.”).
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of pepper spray prohibited back in 2003 and 2004 and has been prohibited ever since. It is not present in the OJJ disciplinary policy for facilities and there are no guidelines on its use.11 Pepper spray is being used against children in response to horseplay and fights12 – it is the first thing that the probation officers that are filling in for regular OJJ staff are using. The probation officers were authorized to carry pepper spray into the facilities by OJJ in an internal memo on March 17, 2020. They have never worked in a facility unless ordered to work in a facility. They have been given no training on how that role is different from supervising people in the community. The use of pepper spray under these circumstances could be lethal. It irritates the wet, mucus things in your body13 – the wettest being the lungs. If a child who is pepper sprayed is COVID positive and hasn’t been tested, you are inhibiting their ability to breath and could kill them. OJJ knows this has become a problem because in another internal memo dated April 27, the Interim Secretary said officers could no longer bring pepper spray into the facilities but that its use is still permitted if needed. Per the threat force continuum, probation officers can also use pressure points and handcuffs. OJJ has no lethal use of force policy for when they can pull their weapons or pepper spray and when it would be appropriate to discharge those weapons. Probation officers are trained to use a higher level of force than the usual OJJ staff. They are going into facilities with access to deadly weapons that they have no policy on how to use in those facilities. Instead of figuring out how to prevent an incident like the riot at Bridge City from happening again, the probation officers are using potentially harmful reactive measures inside the facilities that staff are usually prohibited from using.
13. OJJ uses Safe Crisis Management14 and the first step is to recognize escalation of activities that could lead to a bad outcome, and then redirect the child in a non-tactical way and then guide with physical hand techniques that restrain movement. Restraint is only to be used when necessary to prevent the imminent threat of physical harm to the child (such as selfmutilation) or to others. You have to get approval verbally from shift supervisor before you move up to a higher level on the use of force continuum.15 None of the facilities, besides Acadiana, are built for room confinement. The Cypress disciplinary wing at the Swanson Center for Youth at Monroe was shut down in 2005 and turned into a short-term crisis intervention unit. They are currently using it for suicide watch as well as reconstituted it as disciplinary lockdown unit. After the riot, OJJ moved children from Bridge City to Swanson in a bus in order to lock them down without considering the transfer of infection between
11 Office of Juvenile Justice, Use of Interventions – Secure Care C.2.6, (August 13, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/C.2.6.pdf 12 “Riots, escapes and pepper spray: Virus hits juvenile centers,” 4WWL, (May 3, 2020), available at https://www.wwltv.com/article/news/health/coronavirus/riots-escapes-and-pepper-spray-virushits-juvenile-centers/289-e52aa1ea-5680-47eb-a8c5-4c62af60cd4e 13 National Capital Poison Center, “How Dangerous is Pepper Spray,” https://www.poison.org/articles/how-dangerous-is-pepper-spray-201 (last visited May 7, 2020). 14 Office of Juvenile Justice, Use of Interventions – Secure Care C.2.6, (August 13, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/C.2.6.pdf 15 Office of Juvenile Justice, Use of Interventions – Secure Care C.2.6, (August 13, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/C.2.6.pdf
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Case 3:20-cv-00293-JWD-EWD Document 1-9 05/14/20 Page 7 of 7 the two facilities and community spread, in accordance with CDC guidelines. The CDC guidelines say transport should only happen if necessary for medical isolation and quarantine, not for disciplinary purposes.16 If I absolutely had to transfer children in the Arkansas facilities right now in order to ensure their safety and well-being, I would make sure that none of the children were COVID-positive before transferring. I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge. Signature: /s/ Glenn Holt May 8, 2020
16 CDC, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities” (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html.
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DECLARATION OF A.B. I, A.B., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My initials are A.B. 2. I am at least 18 years of age and am competent to make this declaration. 3. My son is seventeen and is being held at the Swanson Center for Youth at Monroe. He has
been there for four to five months. His release date is July 27, 2020. 4. A child who had tested positive for COVID-19 had been transferred to Swanson from
another facility. My son did not come in contact with that child but he came in contact with a staff member who was coming back and forth between them. He is in Phase Three so he is housed and in contact with the same closed group of children every day (when one of them move, they all move) and he does not come into contact with any children who are newly coming into the facility as Phase One. OJJ should have been monitoring the staff and their symptoms better to prevent my son from getting sick. 5. My son got sick and tested positive for COVID-19 later that week. He was on the phone with me on April 5, 2020, and said he did not feel good and told me about the staff member going back and forth between him and the child who had tested COVID-positive. He told me he was getting off the phone so someone else could use it. He called me back later and said he was feeling cold; a nurse took his temperature while we were on the phone and it was over 100 degrees – I think it was 100.6 degrees. She said she was going to call a doctor but I don’t know if my son ever saw a doctor. I tried to call back again that night to tell my son to give other children my number in case he wasn’t able to call me and was told that my call to him had to go through the Captain. 6. I was not contacted by anyone at the facility to tell me my son had a fever or tested positive. I had to keep calling up there the next day to try to talk to my son or his case worker and she

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would hang up on me or tell me that she didn’t know anything. She said he would call me in seven days. She didn’t answer the phone after that. I called the infirmary and found out my son was there but they hung up on me twice. On April 7, I called the case worker’s supervisor and after three or four times I reached him and told him that I was worried that my son was in danger and that I could not wait a week to talk to him. He called me back and said he had talked to my son and that my son was alright but had tested positive for the virus. I told him I was worried that the boy who used the phone after my son had gotten the virus from him. He said he was worried about that too and they had talked about it in a staff meeting at the facility. I told him they should test everybody in the facility. 7. My son has underlying medical and mental health conditions, including ADHD. He takes some medication, including Adderall. 8. After my son tested positive for COVID-19, they put him in a dirty room at Cypress with no air conditioning. He was in there without water for 2-3 days. There were other children with him who had tested positive for COVID. I wasn’t able to talk to him at all during that time. I was panicking worrying about him. 9. He couldn’t take a bath or brush his teeth that whole time and was very upset about it. Staff didn’t give them any water. The conditions in the room as he described them to me were filthy. 10. My sister recently died of COVID. I am and was very scared for my son’s health. 11. After my son’s fever broke around April 8 or 9, he was in the room for two more days. He was in that room for a total of about 4 days. Then I think they moved him to another wing with 10 or 11 people who all had the virus. He was moved back to his dorm on or around April 20 or 21, 2020. He has not received any medical treatment. He has not been retested for COVID-19. It is hard for him or anyone else to get any medical attention.

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12. As far as I know, there is no process for reintroducing “recovered” children to the general population. They are all in the dorm together. There is no social distancing being practiced in the dorm. One little boy who was moved back to the dorm was still showing symptoms. I am worried that they haven’t contacted his mother just like they did not contact me. There are no policies around interactions with staff and other children. My son has not gotten a mask or any other protective materials and I don’t believe any of the other children have either. They haven’t gotten any cleaning materials.
13. Nobody has called to tell me my son is out of quarantine, has been moved back to the dorm, or that he has recovered. I would never know any of this information if I wasn’t able to talk to my son.
14. At first they would not let me son talk to his attorney but he finally got to talk to her. There are no family visits. I have been able to do two video calls. I still have to pay for phone calls with my son. I work at a Chicken Shack and risk my own life going to work six days a week to make money to support my family. My sister and my two best friends both died from COVID and I am scared for my own health.
15. My access to my child and access to information about him has been impeded. Nobody even told me when he had tested positive. I had to keep calling and calling and I was terrified. Even if I couldn’t be beside him, I wanted to be able to give him my love and support.
16. My son has filed a grievance at Swanson about what has happened to him since COVID-19 started.
17. My son no longer has any access to education or other programming. He had gotten his GPA to the point where he was almost going to be able to get into the twelfth grade and that was making him have a whole different attitude. He is supposed to come home in July

Case 3:20-cv-00293-JWD-EWD Document 1-10 05/14/20 Page 5 of 6
and wanted to finish school and get his last credits. I don’t think he has been able to access mental healthcare and counseling. There are no social activities. 18. I would like my son to either be released early or come home to rest and recover on furlough until all COVID-19 is absent from the facility and everyone has been tested. There is no reason for him to be detained right now. He is not receiving any educational or rehabilitative services. My ability to parent him is being impeded by the fact that he is in a facility and away from me. 19. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them information in support of this lawsuit. I have responded and will continue to respond to the lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of other individuals detained in Louisiana as long as I am a named plaintiff. 20. I seek only declaratory and injunctive relief on behalf of the class. I am not seeking monetary damages, and I understand this civil case will not result in the dismissal of any criminal proceedings against my son or others. 21. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so. 22. This declaration was read to me in English and I was able to make changes and corrections.

Case 3:20-cv-00293-JWD-EWD Document 1-10 05/14/20 Page 6 of 6
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature: /s/ Nishi Kumar Nishi Kumar on behalf of A.B. May 10, 2020
I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant A.B. Out of necessity in light of the COVID-19 pandemic, I signed
the attached declaration on her behalf with her express consent. 3. I spoke with A.B. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration. I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 10, 2020 in New Orleans, Louisiana.
Signature: /s/ Nishi Kumar Nishi Kumar May 10, 2020

Case 3:20-cv-00293-JWD-EWD Document 1-11 05/14/20 Page 1 of 10 EXHIBIT 10

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Hon. John Bel Edwards Governor State of Louisiana PO Box 94004 Baton Rouge, LA 70804
April 28, 2020
Dear Governor Edwards,
As an organization comprised of current and former youth correctional administrators, Youth Correctional Leaders for Justice (YCLJ) is working to mitigate the risk that incarcerated youth will contract or spread COVID-19. Many of us remember that one of your first acts after being elected was to join youth on the state capitol steps as they advocated for a Raise the Age bill. Yet media reports have led us to grow concerned about safety in Louisiana’s juvenile prisons. We respectfully request that you use the power of your office to expand furloughs, eliminate incarceration of any youth for technical violations, release all youth who have been free of serious incidents and can safely be cared for in their home, expand the availability of post-release community supports, and improve conditions within facilities. On behalf of our YCLJ steering committee, we write to you in hope, because we believe that you understand that one of your most important duties as governor is to safeguard vulnerable youth.
On March 19, YCLJ published a set of recommendations signed by more than 30 current and former youth correctional administrators, providing a roadmap to control COVID-19 in our nation’s juvenile facilities. These recommendations are based on the collective experience of those of us who have been inside systems and offer a pathway for ensuring the safety of youth, staff, and communities. In particular, we are deeply concerned about reports that so few youth in Louisiana have gone home, and those that remain live in conditions with both the potential to harm them and to spread the virus in and out of Office of Juvenile Justice facilities.
Due to the impossibility of social distancing in youth correctional facilities, public health experts agree that reducing the number of people incarcerated is the most important way to limit the spread of the virus in these facilities. While most young people are at lower risk from the virus, youth in the justice system are less healthy than their peers. They have more gaps in Medicaid enrollment and higher rates of asthma, which increases the severity of COVID-19. Furthermore, there remains a great risk to staff who work in the facilities, as well as the families and communities that they go home to daily. Recent efforts to conduct mass testing in correctional settings have shown that approximately 90 percent of incarcerated individuals who are diagnosed with COVID-19 are asymptomatic. Unless Louisiana has conducted mass testing in its juvenile prisons, children who may appear healthy are likely to be infected and capable of transmitting the virus.
The only population reduction effort for Louisiana’s juvenile prisons that has been reported was the possibility of extended furloughs for seven youth, out of an incarcerated population of more than 200. We urge you to immediately and significantly expand the number of children eligible for these extended furloughs, and also authorize the release of children who are within 90 days of completing their dispositions. For these youth, release plans should be presented to the court that document what supports will be provided to ensure their well-being and health. These measures are not unprecedented nationally, particularly as governors in other states are issuing executive orders to release youth or empowering agencies with release authority to do so. For example, Colorado Governor Jared Polis issued an executive order in early May giving the Department of Human Services authority to release young people without parole board review, and urged them to review all but the most serious cases for release. Michigan Governor Gretchen Whitmer similarly issued an executive order this month, strongly encouraging release wherever possible, and discouraged out-ofhome confinement for technical violations of parole.

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As young people are released, it will be critical to assure that they have access to needed supports to assure their well-being. Many youths already have these supports in the homes that they will return to and could be released immediately, with parole supervision; ensuring such resources should in no way hinder your ability to release young people, but should be looked at in each step of the process. In particular, having clear release plans that outline a safe place to live, access to food, continuity in healthcare, and a plan for education and vocational services, including access to technology. OJJ may also be able to collaborate with other agencies in identifying resources that could support these efforts, including child welfare, health, and housing.
The staffing crisis in OJJ facilities would be alleviated by reducing the population there. The state has the highest number of known cases in any juvenile correctional system in the country. While illness among staff has resulted in the agency reassigning probation and parole officers to address vacancies, it is critical to ensure that these staff have the needed support and equipment to do this work well. Staff report that they are not being paid overtime, are working in unsanitary conditions, and are concerned for their own health and safety as well as that of the incarcerated youth. Given what is happening in other facilities nationwide, it is unsurprising that there have been a number of disturbances and escapes in the facilities lately, as well as incidents of pepper spray being used on children, a practice that is growing increasingly rare in youth facilities around the country.
The measures in place to prevent infection are also damaging to youths’ mental health. Youth are confined to their dorms 23 hours a day – which has been shown to have negative consequences -- with little to no programming or activities and limited virtual contact with their families. OJJ can and should implement novel and creative strategies to reduce idle time and support the development, wellbeing, and safety of young people and staff. And while attending to physical health during this time is critical, providing support and resources to help young people understand and process what is going on and what they can do to stay safe and healthy is also critical.
As current and former juvenile correctional agency leaders, we understand the challenges OJJ is facing. That is why we urge you, as Governor, to immediately reduce the number of children incarcerated in your state facilities, end intakes for technical violations and misdemeanors, ensure the access of key post-release supports for youth in their communities (including housing, access to healthcare, and technology to support remote learning), and improve the conditions of confinement for those that must remain. This should include but not be limited to: reinstituting programming, including mental health services; allowing for more time outside of dorms while maintaining social distance; ensuring frequent and cost-free contact with family; and prohibiting the use of pepper spray in the facilities. Implementing these measures is the only way to effectively reduce the spread of the virus and provide for the safety and well-being for the children in state custody and the staff that care for them.
We thank you for your attention to this matter and of course stand ready to act as a resource to you as you do the critical work of protecting youth in an unprecedented crisis.
Sincerely,

Gladys Carrión YCLJ Steering Committee Co-Chair

Vincent Schiraldi YCLJ Steering Committee Co-Chair

CC: Mark Cooper, Chief of Staff, Office of Governor John Bel Edwards

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Matthew Block, Executive Counsel, Office of Governor John Bel Edwards Tina Vanichchagorn, Special Counsel, Office of Governor John Bel Edwards Leslie Ricard Chambers, Deputy Executive Council, Office of Governor John Bel Edwards E. Dustin Bickham, Deputy Secretary, Office of Juvenile Justice Elizabeth Touchet-Morgan, Executive Management Advisor, OJJ Angelic Keller, General Counsel, OJJ Ellyn Toney, Chief of Operations, Continuous Quality Improvement Services, OJJ Senator Patrick Page Cortez, President, Louisiana State Senate Representative Clay Shexnayder, Speaker, Louisiana House of Representatives Senator Gary Smith, Chairman of Judiciary B Committee, Louisiana State Senate Representative Ted James, Chairman of House Administration of Criminal Justice Committee Daryl G. Purpera, Legislative Auditor Karen LeBlanc, Assistant Legislative Auditor, Director of Performance Audit Services Marketa Walters, Secretary, Louisiana Department of Children and Family Services Dr. Courtney Phillips, Secretary, Louisiana Department of Health Tonya Joiner, Louisiana Department of Health, Chief of Staff Gena Lewis, Louisiana Department of Health, Office of Behavioral Health, Program Manager, Child Clinical Systems

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Dear Governor Edwards,
We, along with the undersigned individuals and organizations, write to request that you take urgent action to protect the health and welfare of Louisiana’s children and families.
As you know, the novel coronavirus (COVID-19) is a respiratory illness that is highly contagious and can cause serious health complications and death. There are currently no antiviral treatments or approved vaccines for this strain of coronavirus, and it is highly communicable. As of April 3, Louisiana’s Office of Juvenile Justice has reported more than a dozen positive COVID-19 cases at youth centers across the state, including nine children.1 That is already a significant increase from just 7 days ago when there were only three youth and one staff person with positive test results. Detained children, and persons who work in close proximity to them, are at extraordinarily high risk to contract and transmit COVID-19.
In order to reduce further exposure to and transmission of COVID-19, we urge you to take the following actions as part of an executive order, effective immediately:
1) Order the Office of Juvenile Justice (“OJJ”) to immediately release from secure and non-secure custody any youth:
 Currently held for offenses that are not crimes of violence; or
 Who has served more than 50% of their sentence or adjudicated disposition; or
 Who has less than one year remaining on their sentence or adjudicated disposition.
2) Order OJJ, in any circumstance where a youth is not eligible for release under the emergency release criteria outlined above in Action 1, to identify youth eligible for extended furloughs, allowing these youth to shelter-in-place with their families for the remainder of the health crisis;
3) Order OJJ to refuse custody of any juvenile ordered into secure or non-secure care post-adjudication for non-violent offenses, misdemeanors, or parole or
1 OJJ COVID-19 Information, State of Louisiana Office of Juvenile Justice, https://ojj.la.gov/ojj-covid-19information/ (updated Apr. 3, 2020) (COVID-19 youth positive results); Kailey McCarthy, Louisiana Office of Juvenile Justice Reports Almost a Dozen Positive COVID-19 Cases, KALB (Mar. 31, 2020), https://www.kalb.com/content/news/Office-of-Juvenile-Justice-reports-almost-a-dozen-positive-COVID-19-cases-569254961.html.

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probation revocations;
4) Order OJJ parole and probation officers to cease any and all requests for secure detention in the event of parole or probation violations or parole or probation revocation;
5) Order that any juvenile awaiting placement to a non-secure OJJ facility will remain at home under probation supervision;
6) Order the suspension of all interagency transfers of youth from one secure care facility to another secure care facility;
7) Order OJJ and local detention centers to prohibit the use of room confinement in individual cells as a method of COVID-19 quarantine in all secure and nonsecure facilities;
8) Order OJJ and local detention centers to make available to all youth held in secure and non-secure facilities cost-free telephone calls to their family, available without limitation but at minimum, once per week, for a minimum allowed duration of one hour;
9) Order OJJ and local detention centers to make available to all youth held in secure and non-secure facilities confidential and cost-free telephone calls to their attorneys, or any member of their legal team, within 24 hours of request by the legal team, and immediately upon request of the youth.
10) Order the suspension of all transfers of youth from juvenile detention facilities into adult jails or prisons, whether pre- or post-trial;
11) Order all OJJ staff to wear facemasks and disposable patient examination gloves, and to adhere to social distancing guidelines, whenever possible, during all interactions with youth;
12) Order OJJ to consult with public health officials, with expertise in epidemiology, to coordinate a public health safety inspection and review of all secure and non-secure detention facilities, and to adhere to any emergency recommendations made by public health officials; and
13) Recommend that authorities in local jurisdictions implement the following changes:
 Local law enforcement should decline to arrest juveniles for status offenses and minor misdemeanors;

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Case 3:20-cv-00293-JWD-EWD Document 1-11 05/14/20 Page 7 of 10

 If an arrest must be made, law enforcement should counsel and release youth to their parents or guardians, as outlined under Louisiana Children’s Code Article 814(B)(1);2
 Local authorities should cease use of pre-trial detention of any child for misdemeanors, status offenses, or technical violations, including failures to appear, and offenses that are not crimes of violence; and
 There should be a presumption of release for all children who are arrested, even for more serious offenses. Secure detention should not be considered unless there is clear and convincing evidence that detention is required to reduce the likelihood that the child may inflict serious bodily harm on others pending the next hearing. Localities should make full use of alternatives to detention using remote technologies and strategies.
I. The Governor Has the Authority to Order These Actions Under the Louisiana Homeland Security and Emergency Assistance and Disaster Act, and the Louisiana Health Emergency Powers Act.
United States Department of Health and Human Services Secretary Alex Azar declared a national public health emergency on January 31, 2020.3 Governors across the nation have declared public health emergencies, and a national emergency was announced on March 13, 2020.4 The first presumptively positive case of COVID-19 in the state of Louisiana was identified on March 9, 2020,5 and you issued Louisiana Proclamation No 25 JBE 2020 on March 11, 2020,6 declaring a state of emergency under La. R.S. 29:760, et seq.7
Under the Homeland Security and Emergency Assistance and Disaster Act (“Disaster Act”), in times of emergency, the governor is “responsible for meeting the dangers to the state and people presented by emergencies or disasters.”8 In order to meet this responsibility, the governor is granted broad powers to issue and rescind any executive orders, proclamations, and regulations necessary to preserve the lives of the people of the state of Louisiana.9

2 La. Child. Code Ann. art. 814(B)(1). 3 U.S. Department of Health & Human Services, Office of the Assistant Secretary for Preparedness and Response,
Determination that a Public Health Emergency Exists, Public Health Emergency (Jan. 31, 2020),
https://www.phe.gov/emergency/news/healthactions/phe/Pages/2019-nCoV.aspx. 4 Donald J. Trump, President of the United States, Proclamation on Declaring a National Emergency Concerning the
Novel Coronavirus Disease (COVID-19) Outbreak (Mar. 13, 2020), https://www.whitehouse.gov/presidential-
actions/proclamation-declaring-national-emergency-concerning-novel-coronavirus-disease-covid-19-outbreak/. 5 Gov. Edwards Confirms Louisiana’s First Presumptive Positive Case of COVID-19, Office of the Governor (Mar. 9, 2020), https://gov.louisiana.gov/index.cfm/newsroom/detail/2392. 6 La. Proclamation No. 25 JBE 2020 (Mar. 11, 2020), https://gov.louisiana.gov/assets/ExecutiveOrders/25-JBE-
2020-COVID-19.pdf. 7 La. R.S. 29:760 et seq. (Louisiana Health Emergency Powers Act). 8 La. R.S. 29:724(A). 9 La. R.S. 29:722, La. R.S. 29:724.

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Case 3:20-cv-00293-JWD-EWD Document 1-11 05/14/20 Page 8 of 10

Pursuant to the Disaster Act and the Louisiana Health Emergency Powers Act, the governor is authorized during a state of public health emergency to “suspend the provisions of any regulatory statute prescribing procedures for the conducting of state business, or the orders, rules, or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency.”10
II. Public Health Authorities Predict That Detention and Correctional Facilities Will Be Epicenters of COVID-19 Transmission.
The United States Centers for Disease Control and Prevention (“CDC”) provides strict guidelines on physical distancing and sanitation11 that detention facilities are unlikely to fully meet. Physical distancing may be impossible in detention facilities with limited beds and rooms, and it is unrealistic for detained youth to be appropriately distanced from staff. Constant sanitation of surfaces and hands is also unlikely in facilities with limited resources and where the ability to move freely is impeded. As evidenced by the swift spread of COVID-19 in nursing homes and cruise ships, enclosed spaces with large groups of people risk becoming epicenters of infection due to the inherent difficulties in adhering to proper physical distancing and sanitation.12
Detained youth are especially at risk of physical harm during the COVID-19 pandemic. Transmission of other infectious diseases is already common in detention centers.13 Furthermore, individuals with underlying health conditions tend to be harder-hit by COVID-19 compared to healthy peers. Research shows that detained youth, as well as youth of color, have a higher likelihood of being medically vulnerable with conditions such as asthma compared to healthy peers.14

10 La. R.S. 29:724, La. R.S. 29:766(D)(1); see also La. R.S. 29:769 (articulating the governor’s authority during a public health emergency to assert control over facilities that represent a danger to public health). 11 How to Protect Yourself, CDC, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html (last reviewed Mar. 18, 2020) (Coronavirus Disease 2019 (COVID-19)). 12 Jack Healy & Serge F. Kovaleski, The Coronavirus’s Rampage Through a Suburban Nursing Home, N.Y. Times (Mar. 21, 2020), https://nyti.ms/2QIcVaS; see also John Balance et al., Louisiana Identifies New Cluster of Coronavirus Cases in Donaldsonville Retirement Home, Advocate (Mar. 23, 2020), https://bit.ly/39hxQZ9; Victoria Forster, What Have Scientists Learned About COVID-19 and Coronavirus By Using Cruise Ship Data?, Forbes (Mar. 22, 2020), https://bit.ly/2UeSgNS. 13 Letter from Physicians for Criminal Justice Reform, to State Governors, State and Local Juvenile Detention & Correctional Departments, & Juvenile Court Judges & Magistrates, COVID-19 Risks for Detained and Incarcerated Youth 2-3 (Mar. 22, 2020), https://njdc.info/wp-content/uploads/PFCJR-Statement.pdf. 14 American Academy of Pediatrics, Committee on Adolescence, Health Care for Children and Adolescents in the Juvenile Correctional Care System, 107 Pediatrics 799 (2001), https://pediatrics.aappublications.org/content/107/4/799; James H. Price et al., Racial/Ethnic Disparities in Chronic Diseases of Youths and Access to Health Care in the United States, 2013 BioMed Research International 1 (2013), https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3794652/.

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Case 3:20-cv-00293-JWD-EWD Document 1-11 05/14/20 Page 9 of 10
In addition to physical harm, emotional and mental harm is also likely. Family separation during a global crisis is especially distressing.15 The CDC identifies that youth with preexisting mental health conditions “may respond more strongly” to the COVID19 outbreak,16 and OJJ estimates that 44% of youth in secure care have a serious mental illness.17 Furthermore, isolating individuals in a cell or room as an attempt to provide physical distance is an unacceptable solution and has been shown to increase the likelihood of anxiety, depression, and self-harm.18
Public health experts expect that detention and correctional facilities will become epicenters of COVID-19 transmission if action is not taken.19 Continuing to operate detention facilities not only puts detained youth at risk, but also places detention center staff and medical professionals at increased risk. These individuals may then infect their respective families, workplaces, and communities. With more than a dozen COVID-19 infections already confirmed in Louisiana group homes and youth detention facilities, time is of the essence.20
Therefore, to mitigate the spread of COVID-19, protect the public health, and provide essential protections to vulnerable Louisianans who work at or are incarcerated in juvenile detention facilities across the state, it is reasonable and necessary to order limited and temporary COVID-19-related protocols and procedures for juvenile detention facilities; and to temporarily suspend certain rules and procedures to facilitate the implementation of those orders.
This executive order will ensure the health and safety of Louisiana youth and families, as well as the general public as our community navigates the COVID-19 pandemic. We thank you for your timely attention to this important matter.

15 Letter from Physicians for Criminal Justice Reform, to State Governors, State and Local Juvenile Detention & Correctional Departments, & Juvenile Court Judges & Magistrates, COVID-19 Risks for Detained and Incarcerated Youth 3 (Mar. 22, 2020), https://njdc.info/wp-content/uploads/PFCJR-Statement.pdf. 16 Stress and Coping, CDC, https://www.cdc.gov/coronavirus/2019-ncov/prepare/managing-stress-anxiety.html (last reviewed Mar. 30, 2020). 17 Louisiana Legislative Auditor, Oversight of Rehabilitation and Treatment in Secure Care Facilities: Office of Juvenile Justice (June 13, 2018), https://lla.la.gov/PublicReports.nsf/71C88F049AA3563A862582AB0075C861/$FILE/00019598.pdf. 18 Barry Holman & Jason Ziedenberg, Justice Policy Institute, The Dangers of Detention: The Impact of Incarcerating Youth in Detention and Other Secure Facilities, http://www.justicepolicy.org/images/upload/0611_rep_dangersofdetention_jj.pdf. 19 Amanda Klonsky, An Epicenter of the Pandemic Will Be Jails and Prisons, if Inaction Continues, N.Y. Times (Mar. 12, 2020), https://www.nytimes.com/2020/03/16/opinion/coronavirus-in-jails.html. 20 OJJ COVID-19 Information, State of Louisiana Office of Juvenile Justice, https://ojj.la.gov/ojj-covid-19information/ (updated Apr. 2, 2020) (COVID-19 youth positive results); Kailey McCarthy, Louisiana Office of Juvenile Justice Reports Almost a Dozen Positive COVID-19 Cases, KALB (Mar. 31, 2020), https://www.kalb.com/content/news/Office-of-Juvenile-Justice-reports-almost-a-dozen-positive-COVID-19-cases-569254961.html; Robin McDowell & Margie Mason, Juvenile Detention Centers May Become a Coronavirus Hotbed, Experts Warn, Time (Apr. 1, 2020), https://time.com/5813755/juvenile-detention-centers-coronavirus/.

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Case 3:20-cv-00293-JWD-EWD Document 1-11 05/14/20 Page 10 of 10

Sincerely,
Bonnie K. Nastasi, PhD. Professor, Department of Psychology, Tulane University
East Baton Rouge Parish Prison Reform Coalition
Families and Friends of Louisiana's Incarcerated Children (FFLIC)
Greater New Orleans Housing Alliance Healing Minds NOLA
Hector Linares, Associate Clinical Professor, Loyola University New Orleans, College of Law
HousingLOUISIANA
HousingNOLA
Jesuit Social Research Institute/Loyola University New Orleans
Justice and Accountability Center
Justice for Families
Kim Sherman, Ph.D., NCSP, Licensed Psychologist, Professor of Practice, Department of Psychology, Tulane University
Lorna Seybolt, MD, MPH, Physician Site Director, CrescentCare
Louisiana Center for Children’s Rights

Louisiana Survivors for Reform
Madalyn K. Wasilczuk, Assistant Professor, LSU Paul M. Hebert Law Center
New Pathways New Orleans
PREACH
Rebecca A Meriwether, MD, MPH, Retired Public Health Physician & Epidemiologist
Sarah Gray, Ph.D., Assistant Professor of Psychology, Tulane University
St Charles Center for Faith+Action
St. Charles Ave. Baptist Church
Stop Solitary Coalition
The Committee to Support Healthcare Equity
The Power Coalition for Equity and Justice
The Promise of Justice Initiative
Ubuntu Village
Voice of the Experienced (VOTE)
Wendy Hodgson, parent of an incarcerated child

Louisiana Center for Children’s Rights

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Case 3:20-cv-00293-JWD-EWD Document 1-12 05/14/20 Page 1 of 5 EXHIBIT 11

Case 3:20-cv-00293-JWD-EWD Document 1-12 05/14/20 Page 2 of 5
DECLARATION OF D.B. I, D.B., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My initials are D.B. 2. I am at least 18 years of age and am competent to make this declaration. 3. My son is being held at Bridge City Youth Center. His release date is in October 2021. 4. My son has come home previously for the weekend on furlough and was supposed to be on
furlough against in April and May of 2020. They cancelled those furloughs without telling me or telling me why. My son said they were cancelled. 5. My son has not been tested for COVID-19. Nobody else in my son’s dorm has been tested for COVID-19. One of the boys in his dorm had COVID-19 and was removed and then moved back into the dorm. 6. During the riot at Bridge City, my son was pepper sprayed by a probation officer. The pepper spray affected him badly. He and the other children who were pepper sprayed were sent to the infirmary to be checked. There, my son was exposed to another boy who had tested positive for COVID-19. 7. After the riot, my son and about seventeen other children were transferred from Bridge City to Swanson Youth Center in Monroe and then transferred back to Bridge City. He did not do anything wrong. Nobody was tested for COVID-19 before the transfers. I was told by Mr. Bickham that they were all kept in a secluded area together so they did not need to be tested. I did not talk to Mr. Bickham until after my son was on his way back to Bridge City. 8. I don’t know if my son has received any medical treatment. I have tried to get this information and have not been able to get an answer. 9. My son has underlying medical conditions, including bad allergies. I have lost two family members to COVID-19 already and am very scared for my son.

Case 3:20-cv-00293-JWD-EWD Document 1-12 05/14/20 Page 3 of 5
10. As far as I know, there is no process for reintroducing “recovered” children to the general population. The children are all in the dorm together. There is no social distancing being practiced in the dorm. There are no policies around interactions with staff and other children. My son had not gotten a mask or any other protective materials and I don’t believe any of the other children have either. They haven’t gotten any cleaning materials.
11. I have not been able to visit my son for months. I have only spoken with him three since this all began. I was able to do a video phone call two days ago but I don’t know when I will be able to do another video call. He had a phone call scheduled with his attorney when the riot happened which has not been rescheduled.
12. My access to my child and access to information about him has been impeded. I was not contacted until after he was moved to Swanson and I reached out to the family liaison.
13. Schooling, developmental training, and social activities have all been suspended. He was taking college courses online and has not been able to continue them because of understaffing.
14. My son has previously come home on furlough and I would him to come home on furlough until all COVID-19 is absent from the facility and everyone has been tested and there is a vaccine. There is no reason for him to be detained right now. He is not receiving any rehabilitative services. My ability to parent him is being impeded by the fact that he is in a facility and away from me. I can provide him with a safe home.
15. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them information in support of this lawsuit. I have responded and will continue to respond to the

Case 3:20-cv-00293-JWD-EWD Document 1-12 05/14/20 Page 4 of 5
lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of the family members of other individuals detained in Louisiana as long as I am a named plaintiff. 16. I seek only declaratory and injunctive relief on behalf of the class. I am not seeking monetary damages, and I understand this civil case will not result in the dismissal of any criminal proceedings against my son or others. 17. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so. 18. This declaration was read to me in English and I was able to make changes and corrections.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature:
/s/ Nishi Kumar Nishi Kumar on behalf of D.B. May 12, 2020

Case 3:20-cv-00293-JWD-EWD Document 1-12 05/14/20 Page 5 of 5
I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant D.B. Out of necessity in light of the COVID-19 pandemic, I signed
the attached declaration on her behalf with her express consent. 3. I spoke with D.B. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 12, 2020 in New Orleans, Louisiana.
Signature:
/s/ Nishi Kumar Nishi Kumar May 12, 2020

Case 3:20-cv-00293-JWD-EWD Document 1-13 05/14/20 Page 1 of 4 EXHIBIT 12

Case 3:20-cv-00293-JWD-EWD Document 1-13 05/14/20 Page 2 of 4
DECLARATION OF S.W. I, S.W., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My initials are S.W. 2. I am at least 18 years of age and am competent to make this declaration. 3. My son J.S. is being held at the Swanson Center for Youth at Monroe. He was previously
held at Bridge City Center for Youth. His release date is in April 2021. 4. My son had a headache and a fever and was tested for COVID-19 on or around Sunday
April 12, 2020. His test came back positive. He was moved to isolation for 14 days and then tested positive again. He stayed for another 4-5 days and then was moved back into a regular dorm. I don’t know if they tested him before moving him back to the dorm. I don’t know of any process for “recovered” children to be reintroduced back into the general population. There are no masks or cleaning materials available in the dorms. OJJ should have been monitoring the children and staff and their symptoms better to prevent my son from getting sick. 5. My son has underlying medical conditions, including asthma. 6. I tried to get information from the facility, including how many people were in the dorm, how my son got the virus, and have any of the staff tested positive. I was told that they couldn’t give me any of that information. I am not able to parent my child under these conditions. 7. Nobody has called to tell me my son is out of quarantine, has been moved back to the dorm, or that he has recovered. I would never know any of this information if I wasn’t able to talk to my son. 8. My son no longer has any access to education or other programming. He was supposed to be graduating from the program that he is completing.

Case 3:20-cv-00293-JWD-EWD Document 1-13 05/14/20 Page 3 of 4
9. My son was supposed to come home for furlough on March 20, 2020, for three days and that visit was cancelled. I would like my son to either be released early or come home to rest and recover on furlough until all COVID-19 is absent from the facility, everyone has been tested, and there is a vaccine. There is no reason for him to be detained right now. He is not receiving any educational or rehabilitative services. My ability to parent him is being impeded by the fact that he is in a facility and away from me. I have a safe home for him to come home to.
10. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them information in support of this lawsuit. I have responded and will continue to respond to the lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of other individuals detained in Louisiana as long as I am a named plaintiff.
11. I seek only declaratory and injunctive relief on behalf of the class. I am not seeking monetary damages, and I understand this civil case will not result in the dismissal of any criminal proceedings against my son or others.
12. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so.
13. This declaration was read to me in English and I was able to make changes and corrections.

Case 3:20-cv-00293-JWD-EWD Document 1-13 05/14/20 Page 4 of 4
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature: /s/ Nishi Kumar Nishi Kumar on behalf of S.W. May 12, 2020
I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant S.W. Out of necessity in light of the COVID-19 pandemic, I signed
the attached declaration on her behalf with her express consent. 3. I spoke with S.W. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration. I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 12, 2020 in New Orleans, Louisiana.
Signature: /s/ Nishi Kumar Nishi Kumar May 12, 2020

Case 3:20-cv-00293-JWD-EWD Document 1-14 05/14/20 Page 1 of 5 EXHIBIT 13

Case 3:20-cv-00293-JWD-EWD Document 1-14 05/14/20 Page 2 of 5
DECLARATION OF W.H. I, W.H., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My initials are W.H. 2. I am at least 18 years of age and am competent to make this declaration. 3. My son H.C. is being held at Bridge City Center for Youth in Bridge City, LA. He has been
there since 2016. His release date is September 5, 2020. My son is a mentor to those around him and tries to look out for the other children. 4. He has underlying medical conditions, including continuous ear infections and boils. He recently was not able to go to the infirmary when he had an ear ache. He was supposed to see a specialist but the pandemic disrupted that. 5. He has not been tested for COVID-19 but at least two other children in his dorm tested positive and were moved into the infirmary. 6. I was on the phone with my son when the riot at Bridge City broke out. It was chaotic and very stressful for both him and me. The children were trying to keep their dorm leader inside the dorm so that she did not get hurt. Tension is very high and there are children there who are not able to talk to or see their family. They have a lot of anxiety and stress and fear built up because of the circumstances. It is a recipe for disaster. 7. My son has been in 23 hour lockdown since March 15 or 16. Before this past week, they were locked in their dorm for everything, even meals. Now I believe they are getting one hour of recreation time. There is no policy or transition plan for reintroducing “recovered” children to the general population. The children who were taken out of his dorm are back. I don’t know if they have been retested. 8. I have not seen my son since March 16 when I took him back to Bridge City. I did not get a video call until around April 23. I have had three zoom calls with him. The facility doesn’t

Case 3:20-cv-00293-JWD-EWD Document 1-14 05/14/20 Page 3 of 5
tell you until the morning of the call that you have a call. I am an essential worker and have to decide how to get to my computer and phone during the work day to be able to talk to my son undisturbed. Other parents may not have this flexibility and are not able to talk to their children with so little notice. 9. There are around 50 children at Bridge City and somewhere between 7 and 10 children in my son’s dorm. There is no social distancing. The children had masks for one week and were not told that they have to use them. I think 17 staff members tested positive. Probation and parole officers had to be pulled in because they were low on staff. When the riot broke out, the probation officers used pepper spray against the children. 10. My son has not received a COVID-19 test and they have not been taking his temperature. 11. My son has not had any attorney visits and has not talked to his attorney on the phone. 12. School and developmental training has been suspended and there is limited access to materials. My son had eighteen college credits and was unable to do school because of COVID-19. 13. My son did not have access to his counselor/case manager for at least two weeks. She came back on or around April 23, 2020. 14. Until last week, I had not had any contact from OJJ. My son was home on furlough from March 13 to March 16. He was supposed to be home until March 17 and they made him go back earlier. He was scheduled and approved for a furlough for Easter but did not get to come home. I have dates in May, June, and July I would like to request furlough for but I can’t hand in the paperwork. 15. My son should be released early from OJJ custody. If not, I would like my son to come home on furlough until all COVID-19 is absent from the facility and everyone has been tested and there is a vaccine. There is no reason for him to be detained right now. He is not

Case 3:20-cv-00293-JWD-EWD Document 1-14 05/14/20 Page 4 of 5
receiving any rehabilitative services. My ability to parent him is being impeded by the fact that he is in a facility and away from me. I have a safe home for him to come home to. 16. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them information in support of this lawsuit. I have responded and will continue to respond to the lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of the family members of other individuals detained in Louisiana as long as I am a named plaintiff. 17. I seek only declaratory and injunctive relief on behalf of the class. I am not seeking monetary damages, and I understand this civil case will not result in the dismissal of any criminal proceedings against my son or others. 18. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so. 19. This declaration was read to me in English and I was able to make changes and corrections.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature:
/s/ Nishi Kumar Nishi Kumar on behalf of W.H. May 12, 2020

Case 3:20-cv-00293-JWD-EWD Document 1-14 05/14/20 Page 5 of 5
I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant W.H. Out of necessity in light of the COVID-19 pandemic, I
signed the attached declaration on her behalf with her express consent. 3. I spoke with W.H. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 12, 2020 in New Orleans, Louisiana.
Signature:
/s/ Nishi Kumar Nishi Kumar May 12, 2020

Case 3:20-cv-00293-JWD-EWD Document 1-15 05/14/20 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
____M__id_d_l_e_DDisitsrtircitctoof fL_o_u_is_i_a_n_a___

J.H., by and through his mother and next friend, N.H.;

)

I.B., by and through his parents and next friends,

)

A.B. and I.B., on behalf of themselves and all others

)

similarly situated,

)

Plaintiff(s)
v.

)

) )

Civil Action No.

JOHN BEL EDWARDS, in his official capacity as

)

Governor of the State of Louisiana, et al.,

)

)

)

Defendant(s)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Edward Dustin Bickham 7919 Independence Blvd. State Police Headquarters, First Floor Baton Rouge, LA 70806

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Mercedes Montagnes, La. Bar No. 33287
1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529 5955

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:20-cv-00293-JWD-EWD Document 1-15 05/14/20 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 3:20-cv-00293-JWD-EWD Document 1-16 05/14/20 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
____M__id_d_l_e_DDisitsrtircitctoof fL_o_u_is_i_a_n_a___

J.H., by and through his mother and next friend, N.H.;

)

I.B., by and through his parents and next friends,

)

A.B. and I.B., on behalf of themselves and all others

)

similarly situated,

)

Plaintiff(s)
v.

)

) )

Civil Action No.

JOHN BEL EDWARDS, in his official capacity as

)

Governor of the State of Louisiana, et al.,

)

)

)

Defendant(s)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) James Woods 1536 Bordelon Road Bunkie, LA 71322

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Mercedes Montagnes, La. Bar No. 33287
1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529 5955

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:20-cv-00293-JWD-EWD Document 1-16 05/14/20 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 3:20-cv-00293-JWD-EWD Document 1-17 05/14/20 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
____M__id_d_l_e_DDisitsrtircitctoof fL_o_u_is_i_a_n_a___

J.H., by and through his mother and next friend, N.H.;

)

I.B., by and through his parents and next friends,

)

A.B. and I.B., on behalf of themselves and all others

)

similarly situated,

)

Plaintiff(s)
v.

)

) )

Civil Action No.

JOHN BEL EDWARDS, in his official capacity as

)

Governor of the State of Louisiana, et al.,

)

)

)

Defendant(s)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Governor John Bel Edwards 900 N. 3rd Street #4 Baton Rouge, LA 70802

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Mercedes Montagnes, La. Bar No. 33287
1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529 5955

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:20-cv-00293-JWD-EWD Document 1-17 05/14/20 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 3:20-cv-00293-JWD-EWD Document 1-18 05/14/20 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
____M__id_d_l_e_DDisitsrtircitctoof fL_o_u_is_i_a_n_a___

J.H., by and through his mother and next friend, N.H.;

)

I.B., by and through his parents and next friends,

)

A.B. and I.B., on behalf of themselves and all others

)

similarly situated,

)

Plaintiff(s)
v.

)

) )

Civil Action No.

JOHN BEL EDWARDS, in his official capacity as

)

Governor of the State of Louisiana, et al.,

)

)

)

Defendant(s)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Louisiana Office of Juvenile Justice 7919 Independence Blvd. State Police Headquarters, First Floor Baton Rouge, LA 70806

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Mercedes Montagnes, La. Bar No. 33287
1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529 5955

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:20-cv-00293-JWD-EWD Document 1-18 05/14/20 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 3:20-cv-00293-JWD-EWD Document 1-19 05/14/20 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
____M__id_d_l_e_DDisitsrtircitctoof fL_o_u_is_i_a_n_a___

J.H., by and through his mother and next friend, N.H.;

)

I.B., by and through his parents and next friends,

)

A.B. and I.B., on behalf of themselves and all others

)

similarly situated,

)

Plaintiff(s)
v.

)

) )

Civil Action No.

JOHN BEL EDWARDS, in his official capacity as

)

Governor of the State of Louisiana, et al.,

)

)

)

Defendant(s)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Rodney Ward 132 Hwy 850 Columbia, LA 71418

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Mercedes Montagnes, La. Bar No. 33287
1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529 5955

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:20-cv-00293-JWD-EWD Document 1-19 05/14/20 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 3:20-cv-00293-JWD-EWD Document 1-20 05/14/20 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
____M__id_d_l_e_DDisitsrtircitctoof fL_o_u_is_i_a_n_a___

J.H., by and through his mother and next friend, N.H.;

)

I.B., by and through his parents and next friends,

)

A.B. and I.B., on behalf of themselves and all others

)

similarly situated,

)

Plaintiff(s)
v.

)

) )

Civil Action No.

JOHN BEL EDWARDS, in his official capacity as

)

Governor of the State of Louisiana, et al.,

)

)

)

Defendant(s)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Shannon Matthews 3225 River Road Bridge City, LA 70094

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Mercedes Montagnes, La. Bar No. 33287
1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529 5955

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:20-cv-00293-JWD-EWD Document 1-20 05/14/20 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 3:20-cv-00293-JWD-EWD Document 1-21 05/14/20 Page 1 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
____M__id_d_l_e_DDisitsrtircitctoof fL_o_u_is_i_a_n_a___

J.H., by and through his mother and next friend, N.H.;

)

I.B., by and through his parents and next friends,

)

A.B. and I.B., on behalf of themselves and all others

)

similarly situated,

)

Plaintiff(s)
v.

)

) )

Civil Action No.

JOHN BEL EDWARDS, in his official capacity as

)

Governor of the State of Louisiana, et al.,

)

)

)

Defendant(s)

)

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Shawn Herbert 4701 South Grand St. Monroe, LA 71202

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Mercedes Montagnes, La. Bar No. 33287
1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529 5955

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

Date:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:20-cv-00293-JWD-EWD Document 1-21 05/14/20 Page 2 of 2

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

 
 Case 3:20-cv-00293-JWD-EWD Document 7 05/15/20 Page 1 of 5

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

J.H., by and through his mother and next friend, N.H.; I.B., by and through his parents and next friends, A.B. and I.B., on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
-against-

CIVIL ACTION NO. 3:20-cv-00293-JWDEWD
CLASS ACTION

JOHN BEL EDWARDS, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA; THE LOUISIANA OFFICE OF JUVENILE JUSTICE; EDWARD DUSTIN BICKHAM, IN HIS OFFICIAL CAPACITY AS INTERIM DEPUTY SECRETARY OF THE LOUISIANA OFFICE OF JUVENILE JUSTICE; JAMES WOODS, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE ACADIANA CENTER FOR YOUTH; SHANNON MATTHEWS, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE BRIDGE CITY CENTER FOR YOUTH; SHAWN HERBERT, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT MONROE; and RODNEY WARD, IN HIS OFFICIAL CAPACITY AS THE DEPUTY DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT COLUMBIA,

Defendants-Respondents.

PLAINTIFFS’ EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER SEEKING IMMEDIATE FURLOUGH
NOW INTO COURT COME Plaintiffs-Petitioners in the above-captioned matter, through undersigned counsel, who move this Honorable Court to issue a Temporary Restraining Order (TRO) in order immediately enjoining Defendants-Respondents from (1) continuing to confine all children who are currently within 180 days of their release dates; (2) continuing to confine children
1

Case 3:20-cv-00293-JWD-EWD Document 7 05/15/20 Page 2 of 5
who are presumptively eligible for release,1 including all children who are eligible for furlough under OJJ’s criteria; (3) failing to test children for COVID-19; (4) using “Behavioral Intervention Rooms”2 for any child who tests positive for COVID-19 or displays symptoms of the disease; (5) confining children to their dormitories for lengthy periods of time; (6) using pepper spray on children; and (7) continuing the suspension of structured educational and rehabilitative programming in OJJ facilities. Plaintiffs-Petitioners also ask that this Court order DefendantsRespondents to develop, within 48 hours, an effective COVID-19 response plan governing the state’s four children’s detention centers that fully conforms to CDC guidelines.
OJJ has failed to implement a remedial plan that complies with CDC guidance, endangering as many as 220 children. Despite a high-risk environment and an extraordinarily high rate of positive tests among children and staff, OJJ has failed to reduce populations through furlough, to test the children confined in its facilities, to facilitate social distancing, to restrict transfer among facilities, to carefully monitor those who have tested positive, or to provide for the basic hygiene of confined children. These failures establish that OJJ has knowingly and wrongfully placed the lives, health, and emotional well-being of the incarcerated children under its charge at substantial risk of serious irreparable harm, including death.
As set forth in Plaintiffs-Petitioners’ Memorandum in Support of this motion, the evidence indisputably satisfies the four-factor test for a temporary restraining order (TRO) enjoining Defendants-Respondents’ harmful actions. OJJ is placing children at substantial risk by refusing to release children to allow for social distancing, failing to test for COVID-19, placing COVID-
1 Children who are presumptively eligible for release include (1) all children who have contracted COVID-19; (2) all children who have pre-existing medical conditions that the Centers for Disease Control (“CDC”) has determined puts them at significantly higher risk of developing COVID-19 complications; (3) all children currently eligible for furlough in accordance with OJJ’s policies; and (4) all children who can be safely returned to their communities. 2 Behavioral Intervention Rooms are used to isolate children who pose a threat to staff or other children. YS Policy No. B.2.21 at 2, available at https://ojj.la.gov/wp-content/uploads/2019/06/B.2.21.pdf.
2

Case 3:20-cv-00293-JWD-EWD Document 7 05/15/20 Page 3 of 5
positive children in dirty cells without water or hygiene, failing to provide medical evaluations for children with COVID-19, releasing patients back to the dormitory without confirmed negative tests, transferring children between facilities without medical need, allowing staff to move between infected and uninfected populations, failing to provide appropriate personal protective equipment, failing to provide cleaning supplies, pepper spraying children (many of whom may be COVIDpositive), preventing children from speaking with their parents, and refusing to release eligible children on furlough even though OJJ is not currently providing any of the educational or rehabilitative services that serve as the core reason for the children’s detention and to which children are constitutionally entitled.
The evidence also establishes that Louisiana’s detained children will suffer irreparable injury—including serious medical complications, trauma, and even death—unless this Court grants the requested emergency relief, and there is no substantial harm to Defendants-Respondents in ordering the relief requested.
Plaintiffs-Petitioners request that emergency relief be granted without security because they seek to enforce fundamental rights in which there is a substantial public interest.3 Under these circumstances, waiver of the security bond is proper, and Plaintiffs-Petitioners therefore respectfully request that the Court exercise its broad discretion to do so.4
3 See Elliott v. Kieswetter, 98 F.3d 47, 60 (3rd Cir. 1996) (court may waive bond requirement of Fed. R. Civ. P. 65(c) when balance of equities weighs overwhelmingly in favor of party seeking injunction); see also Temple Univ. v. White, 941 F.2d 201, 220 (3rd Cir. 1991) (district court waiver of bond was affirmed where the plaintiff hospital had “pursued a course of litigation clearly in the public interest, i.e., it seeks to preserve its role as a community hospital serving a disproportionate share of low income patients”); Pharmaceutical Soc. of State of New York, Inc. v. New York State Dept. of Social Services, 50 F.3d 1168, 1175 (2nd Cir. 1995) (affirming approval of bond waiver). 4 See, e.g., Molton Co v. Eagle-Picher Industries, Inc., 55 F.3d 1171, 1176 (6th Cir. 1995) (approving waiver of bond given strength of case and “the strong public interest” involved); Campos v. INS, 70 F. Supp. 2d 1296, 1310 (S.D. Fla. 1998) (because plaintiffs were indigent and sought to vindicate their constitutional rights, consistent with the public interest, the court did not require a bond).
3

Case 3:20-cv-00293-JWD-EWD Document 7 05/15/20 Page 4 of 5

For the reasons in the attached memorandum, the Court should immediately issue an order

enjoining Defendants-Respondents from (1) continuing to confine all children who are currently

within 180 days of their release dates; (2) continuing to confine children who are presumptively

eligible for release, including all children who are eligible for furlough under OJJ’s criteria; (3)

failing to test children for COVID-19; (4) using “Behavioral Intervention Rooms” for any child

who tests positive for COVID-19 or displays symptoms of the disease; (5) confining children to

their dormitories for lengthy periods of time; (6) using pepper spray on children; and (7) continuing

the suspension of structured educational and rehabilitative programming in OJJ facilities.

Plaintiffs-Petitioners also ask that this Court order Defendants-Respondents to develop, within 48

hours, an effective COVID-19 response plan governing the state’s four children’s detention centers

that fully conforms to CDC guidelines.

Respectfully submitted this 15th day of May, 2020.

/s/ Mercedes Montagnes

Mercedes Montagnes, La. Bar No. 33287 Nishi Kumar, La. Bar No. 37415 The Promise of Justice Initiative 1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529-5955 Facsimile: (504) 595-8006 Email: mmontagnes@defendla.org

Marsha Levick** Jessica Feierman** Karen U. Lindell** JUVENILE LAW CENTER 1800 JFK Boulevard, Suite 1900A Philadelphia, PA 19103 Telephone: (215) 625-0551 Email: mlevick@jlc.com

Stuart Sarnoff* Lisa Pensabene** Laura Aronsson* Mariam Kamran** O’MELVENY & MYERS LLP Times Square Tower 7 Times Square New York, NY 10036 Telephone: (212) 326-2000 Email: ssarnoff@omm.com

Brandon Amash* O’MELVENY & MYERS LLP 610 Newport Center Drive 17th Floor Newport Beach, CA 92660 Telephone: (949) 823-6900 Email: bamash@omm.com

4

Case 3:20-cv-00293-JWD-EWD Document 7 05/15/20 Page 5 of 5

John Adcock La. Bar No. 30372 Adcock Law LLC 3110 Canal Street New Orleans, LA 70119 Telephone: (504) 233-3125 Email: jnadcock@gmail.com
David Lash* O’MELVENY & MYERS LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071 Telephone: 213-430-6000 Email: dlash@omm.com

Benjamin Singer** Jason Yan* O’MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Telephone: (202) 383-5300 Email: bsinger@omm.com

Attorneys for Plaintiffs
*Pro hac vice pending **Pro hac vice to be submitted

CERTIFICATE OF SERVICE
I, Nishi Kumar, an attorney, hereby certify that on May 15, 2020, I caused a copy of the foregoing to be filed using the Court’s CM/ECF system.
I further certify that I, or another one of Plaintiffs’ attorneys, will promptly electronically serve a copy of the same, along with all other pleadings and papers filed in the action to date to the General Counsel for the Louisiana Office of Juvenile Justice and the General Counsel for the Louisiana Governor as well as the Louisiana Department of Justice Director of Litigation via email.
/s/ Nishi Kumar Nishi Kumar, La. Bar No. 37415

5

Case 3:20-cv-00293-JWD-EWD Document 7-1 05/15/20 Page 1 of 27

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

J.H., by and through his mother and next friend, N.H.; I.B., by and through his parents and next friends, A.B. and I.B., on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
-against-

CIVIL ACTION NO. 3:20-cv-00293-JWDEWD
CLASS ACTION

JOHN BEL EDWARDS, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA; THE LOUISIANA OFFICE OF JUVENILE JUSTICE; EDWARD DUSTIN BICKHAM, IN HIS OFFICIAL CAPACITY AS INTERIM DEPUTY SECRETARY OF THE LOUISIANA OFFICE OF JUVENILE JUSTICE; JAMES WOODS, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE ACADIANA CENTER FOR YOUTH; SHANNON MATTHEWS, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE BRIDGE CITY CENTER FOR YOUTH; SHAWN HERBERT, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT MONROE; and RODNEY WARD, IN HIS OFFICIAL CAPACITY AS THE DEPUTY DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT COLUMBIA,

Defendants-Respondents.

MEMORANDUM IN SUPPORT OF PLAINTIFFS’ EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER SEEKING IMMEDIATE FURLOUGH

Case 3:20-cv-00293-JWD-EWD Document 7-1 05/15/20 Page 2 of 27
It has long been said that a society’s worth can be judged by taking stock of its prisons. That is all the truer in this pandemic, where inmates everywhere have been rendered vulnerable and often powerless to protect themselves from harm. May we hope that our country’s facilities serve as models rather than cautionary tales.1 There can be no keener revelation of a society’s soul than the way in which it treats its children.2 Never before have these sage insights been more relevant, or conflated with such urgency. As the coronavirus pandemic continues devastating Louisiana, more than two hundred children confined in the state’s secure care facilities face increasingly grave physical and emotional health risks that rise to the level of constitutional rights violations warranting urgent remedy. The Louisiana Office of Juvenile Justice (“OJJ”) operates four secure care facilities for children who have been adjudicated delinquent: Acadiana Center for Youth in Bunkie, Bridge City Center for Youth, Swanson Center for Youth Columbia, and Swanson Center for Youth Monroe.3 As of May 15, 97% of the children who have been tested for COVID-19 in these facilities have tested positive—yet OJJ appears to have stopped testing children altogether weeks ago.4 OJJ has failed to implement a remedial plan that complies with CDC guidance, endangering as many as 220 children. Despite a high-risk environment and an extraordinarily high rate of positive tests among children and staff, OJJ has failed to reduce populations through furlough, to test children, to facilitate social distancing, to restrict transfers among facilities, or to monitor those who have tested positive. These failures, and many more described infra, establish that OJJ has knowingly and wrongfully placed the lives, health, and emotional well-being of the incarcerated children under its charge at substantial risk of serious, irreparable harm, including death.
1 Valentine v. Collier, 590 U. S. ____ (2020), Statement of Sotomayor, J. 2 Address by President Nelson Mandela at the launch of the Nelson Mandela Children’s Fund (May 8, 1995). 3 Youth in Secure Facilities, LA. OFFICE OF JUVENILE JUSTICE, https://ojj.la.gov/serving-youth-families/youth-insecure-care-facilities/ (last visited May 15, 2020). 4 See Ex. 1, Rovner Decl. at ¶¶ 7-11.
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Unlike adults in prisons, children are not confined for the purpose of punishment; the Louisiana Constitution explicitly provides that children in OJJ custody are confined solely for the purpose of receiving “rehabilitation and individual treatment” and requires the State in its role as “parens patriae” to manage “the welfare of the juvenile in State custody.”5 Because of OJJ’s improper actions and inactions in response to the COVID-19 crisis, the conditions of the children’s confinement are so seriously deficient in providing for their basic needs as to constitute punishment—rather than rehabilitation or treatment—in violation of their constitutional right to substantive due process under the Fourteenth Amendment. Defendants-Respondents’ actions and inactions also knowingly create a substantial risk of serious harm—increasing every day—in violation of the children’s Eighth Amendment right to be free from cruel and unusual punishment.
Time is of the essence, as the crisis worsens daily. Accordingly, on behalf of themselves and the approximately 220 children currently confined in OJJ’s secure care facilities, PlaintiffsPetitioners seek a temporary restraining order immediately enjoining Defendants-Respondents from (1) continuing to confine all children who are currently within 180 days of their release dates; (2) continuing to confine children who are presumptively eligible for release,6 including all children who are eligible for furlough under OJJ’s criteria as well as those who have contracted the disease and those who are medically vulnerable; (3) failing to test children for COVID-19; (4) using “Behavioral Intervention Rooms”7 for any child who tests positive for COVID-19 or displays symptoms of the disease; (5) confining children to their dormitories for lengthy periods of time;
5 Pursuant to Louisiana Constitution Article V, § 19, the nature of the juvenile justice system is a non-criminal “focus on rehabilitation and individual treatment rather than retribution, and the state’s role as parens patriae in managing the welfare of the juvenile in state custody.” In re C.B., 708 So. 2d 391, 397 (La. 1998). 6 Children who are presumptively eligible for release include (1) all children who have contracted COVID-19; (2) all children who have pre-existing medical conditions that the Centers for Disease Control (“CDC”) has determined puts them at significantly higher risk of developing COVID-19 complications; (3) all children currently eligible for furlough in accordance with OJJ’s policies; and (4) all children who can be safely returned to their communities. 7 Behavioral Intervention Rooms are used to isolate children who pose a threat to staff or other children. YS Policy No. B.2.21 at 2, available at https://ojj.la.gov/wp-content/uploads/2019/06/B.2.21.pdf.
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(6) using pepper spray on children; and (7) continuing the suspension of structured educational and rehabilitative programming in OJJ facilities. Plaintiffs-Petitioners also ask that this Court order Defendants-Respondents to develop, within 48 hours, an effective COVID-19 response plan governing the state’s four children’s detention centers that fully conforms to CDC guidelines.
FACTUAL BACKGROUND I. COVID-19 Is a Deadly Global Pandemic That Threatens the Lives of Louisiana’s
Incarcerated Children A. COVID-19 Is a Deadly Pandemic That Has Caused a National Emergency COVID-19 is a deadly global pandemic caused by a novel coronavirus that has infected over 4.4 million people and killed more than 300,000 worldwide in just five months.8 Louisiana is among the hardest hit states in the country, with more than 33,400 confirmed cases and over 2,300 deaths to date.9 Both the number of confirmed cases and the number of deaths continue to rise daily.10 Recent scientific projections suggest the crisis will only worsen.11 Symptoms vary widely and cases can rapidly deteriorate, with people who appear to have mild cases quickly developing severe symptoms that require life-saving measures.12 There are no reliable tests that can predict the course of a COVID-19 patient’s illness, nor are there any signs or symptoms that can be used to predict clinical deterioration.13
8 Coronavirus Resource Center, JOHNS HOPKINS UNIV., https://coronavirus.jhu.edu/map.html (last visited May 15, 2020). 9 COVID-19, LA. DEP’T OF HEALTH, http://ldh.la.gov/Coronavirus/ (last visited May 15, 2020). 10 Coronavirus Resource Center, supra note 8. 11 Alice Miranda Ollstein and Caitlin Oprysko, Models shift to predict dramatically more U.S. deaths as states relax social distancing, POLITICO (May 4, 2020, 3:19 PM), https://www.politico.com/news/2020/05/04/cdc-daily-deathscoronavirus-234377. 12 Vassallo Decl., Dkt. 1-5 at ¶ 7. 13 Id.
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COVID-19 is highly transmissible. Recent estimates suggest that, in community settings,
each infected person transmits the virus to 5.7 other persons on average.14 Respiratory droplets
that can survive in the air for up to three hours and on surfaces such as plastic and stainless steel
for 2 to 3 days.15 COVID-19 transmission is especially concerning because as many as 25% of
infected individuals may be symptom-free.16 Screening for cough or fever is therefore not
sufficient to exclude the possibility of COVID-19.17
Patients infected with COVID-19 who also suffer from co-morbidities, including asthma,
hypertension, obesity, diabetes, and human immunodeficiency virus (HIV) infection face an
increased risk of serious complications.18 Children with such pre-existing medical conditions are
also at heighted risk for serious complications, and children in the justice system are particularly
at risk because of their high rates of unmet medical needs.19 Asthma is one of the most commonly
diagnosed illnesses among incarcerated children.20
B. COVID-19 Poses a High Risk to Children and Youth
It has become increasingly clear that, despite earlier assumptions to the contrary, children
and young adults are fully susceptible to COVID-19. Due to the novel nature of COVID-19, the
14 Steven Sanche et al., CDC, High Contagiousness and Rapid Spread of Severe Acute Respiratory Syndrome Coronavirus 2, 26-7 EMERGING INFECTIOUS DISEASES (July 2020), available at https://wwwnc.cdc.gov/eid/article/26/7/20-0282_article. 15 New coronavirus stable for hours on surfaces, NAT’L INST. OF HEALTH, https://www.nih.gov/news-events/newsreleases/new-coronavirus-stable-hours-surfaces (last visited May 15, 2020). 16 Sam Whitehead and Carrie Feibel, CDC Director On Models For The Months To Come: ‘This Virus Is Going To Be With Us’, NPR (Mar. 31, 2020), https://www.npr.org/sections/health-shots/2020/03/31/824155179/cdc-directoron-models-for-the-months-to-come-this-virus-is-going-to-be-with-us. 17 Vassallo Decl., Dkt. 1-5 at ¶ 8. 18 People Who Are at Higher Risk for Severe Illness, CDC, https://www.cdc.gov/coronavirus/2019-ncov/need-extraprecautions/people-at-higher-risk.html (last visited May 15, 2020). 19 Graves Decl., Dkt. 1-2 at ¶ 7 (“The Survey of Youth in Residential Placement, the most comprehensive examination of the health needs of confined youth, reported that 69% of confined youth have an unmet health care need including injury, vision problems, hearing problems, dental needs, or other illness. High rates of childhood trauma among justice-involved youth also lead to heightened health risks in this population.”). 20 Comm. on Adolescence, Health Care for Children and Adolescents in the Juvenile Correctional Care System, 107 PEDIATRICS 799 (2001), https://bit.ly/2UxTW5y; Nicole Wetsman, To Reduce Long-Term Health Gaps, a Push for Early Intervention in Juvenile Detention, JUV. JUST. INFO. EXCHANGE (July 30, 2018), https://bit.ly/2Jq7Os7.
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full effects of the disease on children are not yet known, but recent reports suggest that children
may be vulnerable to life-threatening complications even after the infection itself appears to have
resolved.21 Children can suffer—and have suffered—serious complications, including hospital
admission, admission to an intensive care unit, invasive ventilation, and death.22
Younger people worldwide make up a “significant proportion” of patients requiring
hospitalization, sometimes for weeks and sometimes resulting in death.23 An estimated 6% of
infected children and 11% of infected infants have had severe or critical cases,24 and U.S. data
show a growing number of pediatric cases requiring intensive care.25 These cases have included
children who suffered from respiratory failure, shock, encephalopathy, heart failure, coagulation
dysfunction, acute kidney injury, and life-threatening organ dysfunction.26 Recent research
suggests that children are also susceptible to serious neurological side effects, which is particularly
alarming at the stage when the brain is in its formative period of development.27
Some COVID-positive children have become “seriously ill with symptoms that can involve
inflammation in the skin, eyes, blood vessels and heart,” a condition doctors are calling “pediatric
multisystem inflammatory syndrome.”28 This inflammatory condition primarily attacks the heart,
rather than the lungs.29 The syndrome is similar to a rare childhood illness called Kawasaki disease,
21 Pam Belluck, A New Coronavirus Threat to Children, N.Y. TIMES, (May 6, 2020), https://www.nytimes.com/2020/05/06/health/kawasaki-disease-covid-coronavirus-children.html. 22 Id. 23 Stephanie Nebehay, WHO Message To Youth on Coronavirus: ‘You Are Not Invincible’, REUTERS (Mar. 20, 2020), https://www.reuters.com/article/us-health-coronavirus-who-idUSKBN21733O. 24 See Yuanyuan Dong et al., Epidemiological Characteristics of 2143 Pediatric Patients With 2019 Coronavirus Disease in China (2020), AM. ACAD. OF PEDIATRICS, https://bit.ly/39hz1Yz (pre-publication in journal of Pediatrics). 25 COVID-19 Data: North American Pediatric Intensive Care Units, VIRTUAL PEDIATRIC SYSTEMS (Mar. 31, 2020), https://covid19.myvps.org/. 26 See Dong, supra note 24. 27 George Citroner, What We Know About the Long-Term Effects of COVID-19, HEALTHLINE (Apr. 21, 2020), https://www.healthline.com/health-news/what-we-know-about-the-long-term-effects-of-covid-19#COVID-19might-affect-the-brain-stem. 28 Belluck, supra note 21; see also Graves Decl., Dkt. 1-2 at ¶ 6. 29 Ali Watkins, Child in N.Y. Dies and Rare Syndrome Tied to Virus Is Suspected, N.Y. TIMES (May 8, 2020), https://www.nytimes.com/2020/05/08/nyregion/child-dead-new-virus-kawasaki.html.
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as both “involve a surge of inflammation in the body and can have serious effects on the heart.”30
Unlike in most Kawasaki cases, “the new syndrome has sent many of the children into a kind of
toxic shock with very low blood pressure and an inability of the blood to effectively circulate
oxygen and nutrients to the body’s organs.”31 This syndrome associated with COVID-19 can be
fatal. Three children in New York have died presumably of the syndrome as of May 10.32
The inflammatory syndrome is widespread and affects children of all ages. There are over
100 cases in New York State alone,33 and pediatricians in Europe “have reported dozens of cases
of children presenting these kind of symptoms.”34 Louisiana has at least one case.35 Cases have
been reported “in children of all ages, from infants to older teenagers.”36 The syndrome may be “a
post-infection condition” of COVID-19, attacking after the infection itself is resolved.37 It is
possible that children could suffer residual heart damage or other lingering effects.38
C. Incarcerated Populations Are Particularly Vulnerable to the Spread of COVID-19
30 Belluck, supra note 21. 31 Id. 32 Mayor de Blasio Briefing, N.Y.C. Reports 38 Cases of Virus-Related Syndrome in Children, N.Y. TIMES (May 10, 2020), https://www.nytimes.com/2020/05/10/nyregion/coronavirus-new-york-update.html. 33 Center for Disease Control, Multisystem Inflammatory Syndrome in Children (MIS-C) Associated with Coronavirus Disease 2019 (COVID-19) (May 14, 2020). https://emergency.cdc.gov/han/2020/han00432.asp?deliveryName=USCDC_511-DM28431. 34 Joseph Goldstein, 15 Children are Hospitalized with Mysterious Illness Possibly Tied to COVID-19, N.Y. TIMES (May 5, 2020), https://www.nytimes.com/2020/05/05/nyregion/children-Kawasaki-syndrome-coronavirus.html (“In Italy’s northern town of Bergamo, a hot spot for the outbreak, one hospital had 20 cases in April alone. In four Parisian hospitals, 20 children were hospitalized with inflammatory heart conditions, and in Britain, over a dozen children with such symptoms have required intensive care.”). 35 Belluck, supra note 21. 36 Id. 37 Id. (quoting Dr. Katie Schafer, a general pediatrician) (emphasis added). 38 Id. (“Children who have had serious effects on their hearts will need to be monitored by cardiologists in case there is residual heart damage. Others will undoubtedly need to be followed by their pediatricians to keep track of any lingering effects.”).
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Crowded correctional facilities are a breeding ground for infectious respiratory illness.39 In
fact, prisons account for seven of the top ten coronavirus clusters in the United States.40 While
Louisiana has encouraged people in most communities to practice social isolation and heightened
hygiene measures to protect themselves from COVID-19, it is impossible to adhere to such
protective measures in incarcerated communities.41 Incarcerated individuals live in close and
crowded quarters, have limited access to soap, and are unable to take basic steps to clean their own
immediate surroundings. Without daily testing, there is no way to ensure that staff are not carriers;
a significant percentage of carriers are asymptomatic, or present with lesser-known symptoms that
will escape detection by simply screening for temperatures or coughs.42
In an effort to stop the spread of COVID-19, the Supreme Courts of Hawaii,43 New
Jersey,44 Massachusetts,45 Montana,46 South Carolina,47 and Washington48 have all issued orders
39 Timothy Williams, Benjamin Weiser, and William K. Rashbaum, ‘Jails Are Petri Dishes’: Inmates Freed as the Virus Spreads Behind Bars, N.Y. TIMES (Mar. 30, 2020), https://www.nytimes.com/2020/03/30/us/coronavirusprisons-jails.html. 40 The most vivid example is the Marion Correctional Institution in Marion, OH, which currently has 2,341 cases among inmates and staff members, the highest outbreak numbers in the country. https://www.nytimes.com/interactive/2020/us/coronavirus-uscases.html?action=click&module=Top%20Stories&pgtype=Homepage&action=click&module=Spotlight&pgtype= Homepage#states; see also Timothy Williams and Danielle Ivory, Chicago’s Jail is Top U.S. Hot Spot as Virus Spreads Behind Bars, N.Y. TIMES (Apr. 8, 2020), https://www.nytimes.com/2020/04/08/us/coronavirus-cook-countyjail-chicago.html. 41 Vassallo Decl., Dkt. 1-5 at ¶ 10. 42 Id. at ¶ 8. 43 Yoohyun Jung, Special Master Appointed To Recommend On COVID-19 Jail Releases, HONOLULU CIVIL BEAT (Apr. 2, 2020), https://www.civilbeat.org/2020/04/special-master-appointed-to-decide-on-covid-19-jail-releases/. 44 Consent Order at 4, In the Matter of the Request to Commute or Suspend County Jail Sentences, No. 084230 (N.J. Mar. 22, 2020), https://bit.ly/3aJOim8. The order provided a mechanism for prosecutors, within 24 to 48 hours, to object to the release of specific prisoners who “would pose a significant risk to the safety of the inmate or the public,” with such objections to be considered by judges or special masters appointed by the Supreme Court. 45 Committee for Public Counsel Services vs. Chief Justice of the Trial Court, SJC-12926, slip op. (Mass. Mar. 24, 2020), available at https://www.mass.gov/files/documents/2020/04/03/12926.pdf. 46 Letter from Mike McGrath, Chief Justice, Mont. Supreme Ct., to Montana Cts. of Limited Jurisdiction Judges (Mar. 20, 2020), https://bit.ly/3aAv4iX. 47 Memorandum from Donald W. Beatty, Chief Justice of S.C. Supreme Ct., to Magistrates, Municipal Judges, & Summary Ct. Staff (Mar. 16, 2020), https://bit.ly/3dJ69LY. 48 Am. Order, In the Matter of Statewide Response by Washington State Courts to the COVID-19 Public Health Emergency, No. 25700-B-607 (Wash. Mar. 20, 2020), https://bit.ly/39DHyoU.
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to reduce adult jail populations. Across the country, officials in more than 60 state and local jurisdictions have acted to sharply reduce prison populations.49
On March 23, 2020, the CDC issued Interim Guidance on Management of Coronavirus Disease 2019 in Correctional and Detention Facilities (“CDC Guidance”).50 The CDC Guidance provides, among other things, that correctional and detention facilities should coordinate closely with their local public health departments, facilitate social distancing wherever possible, and restrict transfer to and from other facilities or jurisdictions unless necessary.51
According to the United States Office of Juvenile Justice and Delinquency Prevention, during a pandemic, facilities should be ready to adjust intake and discharge procedures, which could include admitting “only juveniles who present the greatest danger to the community or who are at highest risk of escaping from the jurisdiction of the local detention center during the pandemic: or accepting “no admissions during the disease outbreak.”52 The American Academy of Pediatrics, the National Governors Association, and the Council of Juvenile Justice Administrators have similarly highlighted the importance of reducing admissions and releasing children from juvenile facilities during this pandemic.53
Like correctional facilities, OJJ’s four secure facilities are congregate settings which act as petri dishes for the spread of disease. Indeed, the available data strongly suggests that COVID-19

49

Responses

to

the

COVID-19

pandemic,

Prison

Policy

Initiative,

https://www.prisonpolicy.org/virus/virusresponse.html (last visited May 15, 2020).

50 CDC, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention

Facilities” (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-

correctional-detention.html (“CDC Guidance”).

51 Id.

52 U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention,

Emergency Planning for Juvenile Justice Residential Facilities (2011), p. 32 available at

https://www.ncjrs.gov/pdffiles1/ojjdp/234936.pdf.

53 National Governors Association, Memorandum on COVID-19 Responses in the Juvenile Justice System (Mar. 30,

2020), https://www.nga.org/wp-content/uploads/2020/04/Memorandum_COVID-19-Responses-in-the-Juvenile-

Justice-System.pdf; Council of Juvenile Justice Administrators, COVID-19 Practice, Policy & Emergency Protocols

in State Juvenile Facilities (May 2020).

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is rampant in OJJ’s facilities. As of May 15, 28 of the children in the four facilities, and 39 staff, have tested positive for COVID-19.54 But reports indicate that OJJ has only administered 29 tests to children,55 which puts the rate of positive cases at an astounding 97%. Even more damning, these figures have remained static since at least April 21, 2020,56 a fact that is starkly at odds with
everything known about how easily and quickly COVID-19 spreads and seems to indicate that OJJ
in fact stopped administering tests to children sometime around April 21. Meanwhile, OJJ facility staff cases of COVID-19 have continued to grow.57 As of May 15, OJJ reports that 41 staff have tested positive.58 Recent instances of mass testing have revealed that rates of COVID-19 among
people who are incarcerated are extremely high, and many cases are asymptomatic. For example,
155 incarcerated women who displayed no symptoms were tested at Elayn Hunt Correctional Center, and an incredible 117—over 75%—tested positive.59 The overall rate of infection, including symptomatic and asymptomatic women, was a staggering 98%.60 It is highly unlikely
that the true incidence of COVID-19 in OJJ’s secure facilities has remained plateaued for weeks.
II. OJJ Is Unconstitutionally Exposing Children to Grave Medical and Psychological Harm Through Its Inadequate COVID-19 Response A. Defendants-Respondents Are Placing Children at Serious Risk of Medical Harm, up to and Including Death Children currently in OJJ custody face an ever-increasing risk of harm from COVID-19,
up to and including death. As described above, children in the justice system are already at a
54 See Ex. 2, Coronavirus (COVID-19) Information, LA. OFFICE OF JUVENILE JUSTICE, https://ojj.la.gov/coronaviruscovid-19-information/ (last visited May 15, 2020) (“OJJ Coronavirus Information”). 55 Ex. 1, Rovner Decl. at ¶¶ 9-11; Emily Lane, Parents press for better handling of pandemic in Louisiana’s juvenile prisons, WDSU NEWS (May 5, 2020), https://www.wdsu.com/article/parents-press-for-better-handling-of-pandemicin-louisianas-juvenile-prisons/32382767. 56 Id. at ¶ 7. 57 Id. at ¶ 12. 58 OJJ Coronavirus Information, supra note 54. 59 Janet McConnaughey, Most women in 1 Louisiana prison dorm have COVID-19, ASSOCIATED PRESS (May 6, 2020) https://apnews.com/f31d0a19272193a0f461eb96e5c3d23d. 60 Id.
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heightened risk because of high rates of pre-existing conditions that make them vulnerable to
hospitalization and death from COVID-19 and because of the physical realities of the detention
facilities. OJJ is heightening these risks still further by failing to provide adequate medical
treatment to children with COVID-19, failing to monitor and mitigate the spread of the disease,
and failing to provide basic information to the public and to parents.
OJJ is failing to provide adequate medical treatment to children with confirmed cases of
COVID-19 and also failing to ensure that all positive cases are identified. Plaintiff-Petitioner I.B.
reported that, after he tested positive for COVID-19, he was put in a dirty room with no air
conditioning in an old isolation cell that had not been used in years.61 He had no access to running
water for two or three days, was unable to bathe or brush his teeth during that time, and received
no medical attention.62 He was then moved back to his dormitory without being retested,63 in direct
contravention of CDC guidance.64 Many children report that they have not been tested, even when
other children and staff at their facilities have tested positive.65 Putative Class Member T.S.
requested a test because he was feeling very sick but was told that he was not eligible.66 Staff move
back and forth between children with confirmed cases and healthy children,67 and there is no social
61 A.B. Decl., Dkt. 1-10 at ¶ 8 (“After my son tested positive for COVID-19, they put him in a dirty room at Cypress with no air conditioning. He was in there without water for 2-3 days. There were other children with him who had tested positive for COVID.”); see also Holt Decl., Dkt. 1-9 at ¶ 13 (“The Cypress disciplinary wing at the Swanson Center for Youth at Monroe was shut down in 2005 and turned into a short-term crisis intervention unit. They are currently using it for suicide watch as well as reconstituted it as disciplinary lockdown unit.”). 62 A.B. Decl., Dkt. 1-10 at ¶¶ 8, 9, 11. 63 Id. at ¶ 11. 64 CDC guidance states that before a person is moved out of medical isolation, “[t]he individual [must test] negative in at least two consecutive respiratory specimens collected at least 24 hours apart.” CDC Guidance, supra note 50, at 17. 65 See N.H. Decl., Dkt. 1-4, Dkt. 1-4 at ¶ 4; see also D.B. Decl., Dkt. 1-12 at ¶ 5; B.B. Decl., Dkt. 1-8 at ¶ 6; W.H. Decl., Dkt. 1-14 at ¶ 5. Testing is “crucial . . . to help treat, isolate or hospitalize people who are infected,” and it is important “in the bigger public health picture on mitigation efforts, helping investigators characterize the prevalence, spread and contagiousness of the disease.” Dr. Eduardo Sanchez, COVID-19 science: Why testing is so important, AM. HEART ASS’N (Apr. 2, 2020), https://www.heart.org/en/news/2020/04/02/covid-19-science-why-testing-is-soimportant. 66 L.P. Decl., Dkt. 1-7 at ¶ 8. 67 See A.B. Decl., Dkt. 1-10 at ¶ 4; see also N.H. Decl., Dkt. 1-4 at ¶ 4.
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distancing being enforced in the dormitories.68 OJJ is either failing to provide children with masks
(or other personal protective equipment) or failing to require that they wear them, and they are not giving children cleaning materials.69 Children have also been transferred between facilities for non-medical reasons,70 in further contravention of CDC guidance.71
OJJ is exacerbating the harm to the children in its custody even further by refusing to
communicate basic information about the children’s health to their parents, thus preventing parents
from being able to advocate for needed medical treatment. A.B., mother of Plaintiff-Petitioner I.B., was not contacted when her son I.B. tested positive for COVID-19.72 When A.B. called repeatedly
the day after she found out that her son had a fever, her son’s case worker said that she did not know anything and simply hung up the phone.73 The case worker told A.B. that she would call back in seven days, and then the case worker stopped answering A.B.’s calls.74 The next day, two
days after A.B. learned that her son had a fever, A.B. called the case worker’s supervisor and—
after three or four failed attempts to reach the supervisor—was finally informed that her son had tested positive.75 Similarly, S.W., mother of putative Class Member J.S., tried to get general
information about Swanson after her son tested positive there—including how many people were
in her son’s dorm, how he caught the virus, and whether any of the staff had tested positive—but she was told that none of that information could be given to her.76
68 See A.B. Decl., Dkt. 1-10 at ¶ 12; see also N.H. Decl., Dkt. 1-4 at ¶ 4; D.B. Decl., Dkt. 1-12 at ¶ 10; B.B. Decl., Dkt. 1-8 at ¶ 6; L.P. Decl., Dkt. 1-7 at ¶ 9; W.H. Decl., Dkt. 1-14 at ¶ 9. 69 See A.B. Decl., Dkt. 1-10 at ¶ 12; see also N.H. Decl., Dkt. 1-4 at ¶ 4; D.B. Decl., Dkt. 1-12 at ¶ 10; B.B. Decl., Dkt. 1-8 at ¶ 6; L.P. Decl., Dkt. 1-7 at ¶ 9; S.W. Decl., Dkt. 1-13 at ¶ 4; W.H. Decl., Dkt. 1-14 at ¶ 9. 70 See N.H. Decl., Dkt. 1-4 at ¶ 3; see also B.B. Decl., Dkt. 1-8 at ¶ 3; L.P. Decl., Dkt. 1-7 at ¶ 3; S.W. Decl., Dkt. 113 at ¶ 3. 71 CDC Guidance, supra note 50, at 14. 72 A.B. Decl., Dkt. 1-10 at ¶ 6. 73 Id. 74 Id. 75 Id. 76 S.W. Decl., Dkt. 1-13 at ¶¶ 3, 4, 6.
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Not only has OJJ directly exposed children to harm, it has failed to create policies aimed at mitigating such damage. The only publicly available document that may represent OJJ’s COVID-19 plan is its Influenza Preparedness plan,77 which OJJ does not appear to have updated to reflect the CDC’s guidance related to COVID-19.78 As written, the plan lacks any specific policies necessary to mitigate the spread of COVID-19.79 The Influenza Preparedness plan similarly fails to ensure the adequate care of confirmed COVID-19 patients in OJJ’s custody.
Indeed, if OJJ has generated any COVID-19 policies at all, they have not been provided to the public or to parents; the facility is even keeping parents in the dark regarding the medical status of their children and any treatments they may be undergoing. OJJ’s website provides no information about its testing policies,80 including when, where and how often tests are administered or whether tests are administered at all to asymptomatic staff and children. OJJ has issued no formal guidance about any procedures for returning those children who allegedly have recovered to their respective dormitories, nor is there any information on the OJJ website about how OJJ determines whether and when a child has “recovered.”81 Moreover, although OJJ’s website provides that “[t]he Office of Juvenile Justice is working closely with its medical provider Wellpath and with guidance from the Louisiana Office of Public Health to determine the most appropriate treatment for children who may fall ill in its facilities during this crisis,”82 no specifics about any such care are available, nor do petitioners’ experiences reflect that adequate care is being taken to protect them from the risks of COVID-19.
77 Office of Juvenile Justice, Influenza Preparedness, Response and Recovery A.1.13, (Dec. 11, 2019), available at https://ojj.la.gov/wp-content/uploads/2020/01/A.1.13.pdf. 78 Holt Decl., Dkt. 1-9 at ¶ 2. 79 Id. 80 See Ex. 2, Coronavirus (COVID-19) Information, LA. OFFICE OF JUVENILE JUSTICE, https://ojj.la.gov/coronaviruscovid-19-information/ (last visited May 15, 2020) (“OJJ Coronavirus Information”). 81 Id. 82 Id.
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Moreover, as discussed supra, it appears that OJJ has ceased testing children.83 By failing
to administer tests, OJJ is virtually guaranteeing that some number of COVID-positive children
will remain unidentified and continue to spread the disease freely throughout the facilities, further
jeopardizing the life and health of the children in OJJ’s custody.
B. OJJ’s Intensified Disciplinary Measures, Lack of Structured Programming, and Limitations on Family Contact Throughout the Pandemic Subject Children to Increasing Physical and Psychological Harm
OJJ also is putting children at risk of both medical and psychological harm by exposing
them to pepper spray, placing them in isolation, and depriving them of programming and visitation
to which they are constitutionally entitled. These risks increase with each passing day.
Although the use of pepper spray has been prohibited in juvenile facilities for many years,
the inhumane practice has been revived, and probation officers are now pepper spraying children—
during a pandemic directly attacking the respiratory system, no less. Because of the reduced
staffing caused by COVID-19, OJJ has brought in probation officers trained only in adult correctional tactics.84 On March 17, OJJ issued a memorandum authorizing those probation officers to carry pepper spray into the facilities.85 While this memorandum was rescinded on April
27, the rescinding memorandum explicitly allows the use of “chemical spray” as long as the Regional Director has given permission.86 Plaintiff-Petitioner J.H. has been pepper sprayed by
probation officers multiple times at both Bridge City and Acadiana and witnessed a boy suffer a seizure after being pepper sprayed.87 Putative Class Members T.G., J.B., and T.S. have also been
83 Ex. 1, Rovner Decl. at ¶¶ 15-16. 84 Eli Hager, Solitary, Brawls, No Teachers: Coronavirus Makes Juvenile Jails Look Like Adult Prisons, THE MARSHALL PROJECT (May 12, 2020, 6:00 AM), https://www.themarshallproject.org/2020/05/12/solitary-brawls-noteachers-coronavirus-makes-juvenile-jails-look-like-adult-prisons; see also Emily Lane, ‘There was no control,’ says Bridge City youth prison guard about riot, WDSU NEWS (Apr. 24, 2020), https://www.wdsu.com/article/there-wasno-control-says-bridge-city-youth-prison-guard-on-riot/32259043. 85 See Ex. 3, Memorandum from E. Dustin Bickham to OJJ Staff (Apr. 27, 2020). 86 Id. 87 N.H. Decl., Dkt. 1-4 at ¶¶ 5-7.
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pepper sprayed by probation officers.88 Pepper spray, even for adults, is potentially hazardous.89 It
can cause burning in the throat, wheezing, dry cough, shortness of breath, gagging, gasping, and the inability to breathe or speak.90 These physiological effects, along with the violence of
uniformed adults wielding weapons against children, could be traumatic. And using pepper spray
on a child who may have COVID-19—a likely scenario given low testing rates but high positive results—could prove lethal.91 Pepper spray irritates the wet, mucus-lined parts of the body, including the lungs,92 the main organs already under attack by COVID-19. Pepper spraying a child who has COVID-19 could inhibit the child’s ability to breathe, potentially killing the child.93
Moreover, some of the possible consequences of pepper spraying, including cough and shortness of breath, mirror the symptoms of COVID-1994 and could potentially mask positive cases.
Children are also currently being deprived of the rehabilitative programming that is the core justification for their OJJ placement,95 and they are enduring 23-hour-a-day dormitory lockdowns.96 Without such rehabilitative programming the confinement of children is rendered
impermissible. The educational and rehabilitative services which children in state custody are
required constitutionally to receive either have been substantially reduced or completely eliminated.97 Coupled with lockdowns, the absence of these programs leaves children with no
developmental growth opportunities as well as nothing to occupy their time. During lockdown,
88 D.B. Decl., Dkt. 1-12 at ¶ 6; B.B. Decl., Dkt. 1-8 at ¶ 4; L.P. Decl., Dkt. 1-7 at ¶ 7. 89 David Railton, What is pepper spray, and is it dangerous?, MEDICAL NEWS TODAY (Sep. 25, 2018), https://www.medicalnewstoday.com/articles/238262. 90 Id. 91 Holt Decl., Dkt. 1-9 at ¶ 12. 92 Id. 93 Id. 94 Coronavirus Disease 2019 (COVID-19): Symptoms of Coronavirus, CDC, https://www.cdc.gov/coronavirus/2019ncov/symptoms-testing/symptoms.html (last visited May 15, 2020). 95 See supra, note 5. 96 See L.P. Decl., Dkt. 1-7 at ¶ 9; see also W.H. Decl., Dkt. 1-14 at ¶ 7. 97 See A.B. Decl., Dkt. 1-10 at ¶ 18; see also N.H. Decl., Dkt. 1-4 at ¶ 12; W.H. Decl., Dkt. 1-14 at ¶ 15; S.W. Decl., Dkt. 1-13 at ¶ 9; L.P. Decl., Dkt. 1-7 at ¶ 14; B.B. Decl., Dkt. 1-8 at ¶ 10.
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children are confined to their dormitories, sometimes even for meals, and given only one hour for recreation each day.98 Cutting off education and treatment is particularly devastating to teenagers;
during adolescence, the brain reaches what is referred to as the “second period of heightened malleability.”99 Such deprivation “may dramatically increase the risk that youth will self-harm and
is associated with risks lasting into adulthood, including poorer overall general health and increased incidence of suicide.”100
OJJ is further harming children by improperly depriving them of regular contact with their
families. N.H, mother of Plaintiff-Petitioner J.H., has had trouble communicating with her child since the pandemic began.101 N.H. has not seen her son in three months;102 during this time, N.H. has had just one video conference with her son.103 D.B., mother of putative Class Member T.G.,
has not been able to visit her son for months and has only spoken with him three times since the pandemic began.104 B.B., mother of putative Class Member J.B., has also not seen her son in three months.105 When she went to visit him at Bridge City on February 22, she was not allowed into the facility.106 B.B. has had only two video calls with her son since then, and he did not receive the letter she sent him.107 L.P., mother of putative Class Member T.S., has not seen her son since around Christmas.108 It took two months to schedule a video call with her son.109 W.H., mother of
putative Class Member H.C., has not seen her son since March 16, the day she took him back to
98 Id. 99 Delia Fuhrmann et al., Adolescence as a Sensitive Period of Brain Development, 19 TRENDS COGNITIVE SCI. 558, 559 (2015). 100 Schiraldi, et al. Decl., Dkt. 1-3 at ¶ 21. 101 N.H. Decl., Dkt. 1-4 at ¶ 9. 102 Id. 103 Id. 104 D.B. Decl., Dkt. 1-12¶ 11. 105 B.B. Decl., Dkt. 1-8 at ¶ 5. 106 Id. 107 Id. at ¶ 7. 108 L.P. Decl., Dkt. 1-7 at ¶ 11. 109 Id.
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Bridge City after his furlough was cut short.110 More than a month passed before W.H. was able to have a video call with her son on April 23.111
The terror of being trapped in a hotbed of life-threatening infection during a global pandemic with no autonomy and little family contact has led some children to take desperate measures, including rioting and attempting to escape.112 OJJ has admitted that isolation is being used as a disciplinary measure to punish and discourage riots and escape attempts.113 Under OJJ’s own policies, isolation, or “Behavioral Intervention,” is not meant to be used for punishment— only for temporary incapacitation114—and may not be used as a consequence for escape attempts or property destruction.115 At the very least, Behavioral Intervention Rooms should not be used for the isolation of children who are COVID-positive or who display symptoms, as such “treatment” amounts to punishing children for contracting the virus. Riots and escape attempts pose a danger to the children involved, but inhumane disciplinary tactics such as isolation and pepper spray only exacerbate the anxiety and desperation that drive the children to take such risks in the first place.
C. Defendants-Respondents Are Refusing to Release Children on Furlough, Even Though Such Releases Are Crucial to Mitigate the Risks of COVID-19
While justice systems around the country are releasing both children and adults from correctional settings to protect them from the harmful spread of COVID-19, OJJ has apparently halted its furlough programs since the onset of the pandemic. This policy about-face has taken off

110 W.H. Decl., Dkt. 1-14 at ¶¶ 3, 8, 14.

111 Id. at ¶ 8.

112 Marge Mason and Robin McDowell, Riots, escapes and pepper spray: Virus hits juvenile centers, 4WWL (May 3,

2020, 5:03 PM), https://www.wwltv.com/article/news/health/coronavirus/riots-escapes-and-pepper-spray-virus-hits-

juvenile-centers/289-e52aa1ea-5680-47eb-a8c5-4c62af60cd4e.; see also Northeast Louisiana juvenile lockup sees

another

mass

escape,

WASH.

TIMES

(May

10,

2020),

https://www.washingtontimes.com/news/2020/may/10/northeast-louisiana-juvenile-lockup-sees-another-m/.

113 Hager, supra note 84 (“Beth Touchet-Morgan, spokeswoman for the Louisiana Office of Juvenile Justice, said in

an email that . . . the use of isolation was in part to stop bad behavior from escalating”).

114 Youth Services Policy No. B.2.21, supra note 7 (“Staff shall never use a BI room for discipline, punishment,

administrative convenience, retaliation, staffing shortages, or reasons other than a temporary response to behavior that

threatens immediate harm to the youth or others.”) (emphases added).

115 Youth Services Policy B.5.1 at 4, 5, 13, available at https://ojj.la.gov/wp-content/uploads/2019/03/B.5.1.pdf.

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the table a safe, legal, and necessary means of reducing the population in secure care, eliminating the possibility that the remaining children will have an opportunity to engage in appropriate social distancing and the reduced staff will not be overwhelmed.
OJJ’s furlough program provides for authorized temporary release from the grounds of a secure facility.116 Electronic monitoring tracks children who are on furlough.117 “Standard Furlough” is granted to children based on a rating under the Structured Assessment of Violence Risk in Youth (“SAVRY”) system,118 meaning that children eligible for furlough have been assessed to be safe to spend time in their homes and communities. OJJ allowed for standard furloughs of eight hours to 14 days, up to 30 days total in a calendar year.119
Rather than relying on the established furlough standard to reduce population and increase health in its facilities, OJJ currently is ratcheting up the children’s already dire predicament by refusing to release those who would otherwise be eligible for furlough, including those recently furloughed prior to the pandemic. No children have been released on furlough in the last two months. Putative Class Member H.C. was forced to return from furlough a day early in midMarch,120 after the national emergency was declared. H.C.’s previously approved Easter furlough was cancelled, and his mother is unable to make additional furlough requests.121 J.S. and T.G. also had previously approved furloughs cancelled.122 Continuing to maintain these children in facilities
116 Youth Services Policy No. C.4.1 at 2, available at https://ojj.la.gov/wp-content/uploads/2018/07/C.4.1.pdf. 117 Id. at 4. 118 Id. OJJ’s current furlough criteria also require that the child be “making progress” on treatment needs, that the parent participate in family reintegration sessions, and that there be no outstanding detainers or pending charges. 119 Id. at 6. 120 See, e.g., W.H. Decl., Dkt. 1-14 at ¶ 14 (“My son was home on furlough from March 13 to March 16. He was supposed to be home until March 17 and they made him go back earlier.”). 121 Id. 122 S.W. Decl., Dkt. 1-13 at ¶ 9 (furlough for March 20 cancelled); D.B. Decl., Dkt. 1-12 at ¶ 4 (furloughs in April and May cancelled).
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that are hotbeds of contagion, and which are failing to provide rehabilitative services, poses an unconscionable and entirely preventable risk of harm.123
LEGAL STANDARD In order to obtain a temporary restraining order or preliminary injunction, PlaintiffsPetitioners must establish: “(1) a substantial likelihood of success on the merits, (2) a substantial threat of irreparable injury if the injunction is not issued, (3) that the threatened injury if the injunction is denied outweighs any harm that will result if the injunction is granted, and (4) that the grant of an injunction will not disserve the public interest.”124 The Court may issue a temporary restraining order without awaiting the adverse party’s response if it finds that “immediate and irreparable injury . . . will result to the movant before the adverse party can be heard in opposition.”125 As shown below, Plaintiffs-Petitioners satisfy this legal standard at a time when the stakes—the lives of over 220 children—could not be higher. Accordingly, this Court should order the injunctive relief requested in this motion.
ARGUMENT I. Plaintiffs-Petitioners Have Established a Substantial Likelihood of Success on the
Merits of their Fourteenth and Eighth Amendment Claims Plaintiffs-Petitioners have a substantial likelihood of success on the merits because they “present a prima facie case.”126 The evidence proves that Defendants-Respondents’ virtually nonexistent (and in any event wholly inadequate) COVID-19 response is objectively unreasonable and
123 “There is no question that requiring children to remain detained in congregate care facilities is more dangerous than the travel required to release children to their homes.” Graves Decl., Dkt. 1-2 at ¶ 10. 124 Janvey v. Alguire, 647 F.3d 585, 595 (5th Cir. 2011) (citation omitted); see also Atchafalaya Basinkeeper v. U.S. Army Corps of Eng’rs, No. 18-cv-23-SDD-EWD, 2018 WL 4701849, at *2 (M.D. La. Jan. 30, 2018) (standard for temporary restraining order same as standard for preliminary injunction). 125 Fed. R. Civ. P. 65(b)(1). 126 Charles Alan Wright, Arthur R. Miller, Mary Kay Kane, 11A Federal Practice & Procedure § 2948.3 (2d ed. 1995); see also Janvey v. Alguire, 647 F.3d 585, 595-96 (5th Cir. 2011) (noting that plaintiffs are “not required to prove [their] entitlement to summary judgment” to show likelihood of success on the merits).
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even rises to the level of deliberate indifference, in violation of both the Fourteenth and Eighth
Amendments to the United States Constitution.
A. Plaintiffs-Petitioners Satisfy the Fourteenth Amendment’s Test Because Defendants-Respondents’ COVID-19 Response Is Objective Unreasonable
Plaintiffs-Petitioners are entitled to injunctive relief under the Fourteenth Amendment
because the evidence described supra demonstrates that OJJ’s conduct deprives children of their
right to rehabilitative treatment and their right to be free from punishment through unsafe
conditions,127 and that this deprivation is objectively unreasonable in that OJJ purposely or
knowingly engaged in the actions.128
There can be no serious dispute that COVID-19 creates unsafe conditions and that OJJ’s
purposeful failures to test, control the spread of the disease, treat infected children, and
communicate with parents exacerbate the risk. It is also clear that OJJ purposefully subjected
children to pepper spray and isolation and knowingly deprived them of the programming and
education that are the core of the rehabilitative programming to which they are entitled, as
described supra. Defendants-Respondents’ conduct is therefore objectively unreasonable.129
127 The Supreme Court has clarified that the Eighth Amendment has no place in the analysis of the rights of students in school, but has never explicitly addressed the standard to apply in juvenile justice facilities. See Ingraham v. Wright, 430 U.S. 651 (1977). It has, however, recognized that those involuntarily committed for other non-punitive reasons, such as involuntary commitment for mental health treatment, must be treated differently from prisoners and must not be punished with unsafe conditions. Youngberg v. Romeo, 457 U.S. 307 (1982). Some Circuits have explicitly established a Fourteenth Amendment right to rehabilitation for youth in the juvenile justice system. See, e.g., Nelson v. Heyne, 491 F.2d 352, 360 (7th Cir. 1974). The Fifth Circuit has not decisively answered the question—and the only case to address the issue arose out of a Texas case without a clear right to rehabilitation, and preceded the U.S. Supreme Court’s decision in Youngberg as well as its subsequent holdings in Roper, Graham, and Miller that the law must take into account the unique developmental status of youth. See Morales v. Turman, 562 F.2d 993, 999 (5th Cir. 1977) (“even if such a right to treatment does exist,” the court did not need to reach a holding on that matter because the Eighth Amendment analysis sufficed to address the facts at issue.). 128 Kingsley v. Hendrickson, 576 U.S. 389 (2015) (no proof of subjective intent is necessary, only that the actions “purposely or knowingly used against” the individual was unreasonable.) In the context of pretrial detention of adults, the Fifth Circuit has held that the same subjective deliberate indifference standard applies to both the Eighth Amendment and the Fourteenth. See Hare v. City of Corinth, Miss., 74 F.3d 633, 648-49 (5th Cir. 1996). This case precedes the Supreme Court’s holding to the contrary in Kingsley. It also does not apply in the juvenile justice system, where the sole purpose of confinement is rehabilitation. 129 “[A] factfinder may conclude that a prison official knew of a substantial risk from the very fact that the risk was obvious.” Gates v. Cook, 376 F.3d 323, 333 (5th Cir. 2004).
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B. Plaintiffs-Petitioners Satisfy the Objective and Subjective Elements of the Eighth Amendment’s Deliberate Indifference Test
Plaintiffs-Petitioners are entitled to injunctive relief under the Eighth Amendment because the evidence described supra demonstrates that Defendants-Respondents’ actions and inactions likely constitute deliberate indifference to a substantial risk of serious harm.130 This inquiry consists of both an objective test and a subjective test. The objective component considers whether the children have been “expos[ed] to a substantial risk of serious harm.”131 The subjective component is satisfied because OJJ had requisite knowledge of the risk of harm and either disregarded the risk or “fail[ed] to take reasonable measures to abate it.”132
i. The Objective Element of Deliberate Indifference Is Satisfied Because COVID-19 Poses a Substantial Risk of Serious Harm
For the same reasons that the Fourteenth Amendment’s objective test is satisfied, the objective element of deliberate indifference is also satisfied. OJJ is exacerbating the harms of COVID-19 by refusing to release children to allow for social distancing, failing to provide appropriate personal protective equipment or cleaning supplies, allowing staff to move between infected and uninfected populations, transferring children between facilities without medical need, failing to administer sufficient testing, and releasing patients back to the dormitory without confirmed negative tests. OJJ also is placing children at substantial, increasing risk of serious physical harm by failing to test for COVID-19 (even though symptoms vary and can worsen abruptly), placing COVID-positive children in dirty cells without running water or hygiene, pepper spraying frightened and desperate children (many of whom may be COVID-positive), and failing to provide medical evaluations for children with COVID-19. OJJ is further placing children at
130 See Farmer v. Brennan, 511 U.S. 825, 828, 114 S. Ct. 1970, 1974 (1994). 131 Carlucci v. Chapa, 884 F.3d 534, 538 (5th Cir. 2018). 132 See Farmer, 511 U.S.; see also, e.g., Braggs v. Dunn, 257 F. Supp. 3d 1171, 1250 (M.D. Ala. 2017) ((“To establish deliberate indifference, plaintiffs must show that defendants had subjective knowledge of the harm or risk of harm, and disregarded it or failed to act reasonably to alleviate it.”)
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substantial, increasing risk of serious long-term mental, developmental, and emotional harm by allowing and supporting inappropriate and excessive disciplinary measures such as pepper spray and isolation cells to be used due to the exigency of the COVID-19 crisis, preventing children from speaking with their parents, and refusing to release eligible children on furlough even though OJJ is not currently providing any of the educational or rehabilitative services that serve as the core reason for the children’s detention and to which children are constitutionally entitled.
ii. The Subjective Element of Deliberate Indifference Is Satisfied Because Defendants-Respondents Are Aware of—and Have Effectively Ignored—the Dire Risks of COVID-19 and of the Recommended Means of Mitigating Those Risks
The evidence overwhelmingly demonstrates that Defendants-Respondents are subjectively aware of the substantial risk of COVID-19 and that their actions and inactions represent an unreasonable and insufficient response to the COVID-19 pandemic.
The dire risks of COVID-19, and the recommended means of mitigating those risks, are “obvious.”133 The country has been in a state of national emergency for two months; the seriousness of COVID-19 and its potential consequences are common knowledge. Social distancing, PPE, and hand washing are essentially national mantras. Similarly, there is now a high level of public awareness that patients can be asymptomatic and that mass or universal testing is necessary to fully identify the prevalence of infection. OJJ’s actions and inactions are completely at odds with common knowledge regarding the risks of COVID-19.
Moreover, Defendants-Respondents have expressly been put on notice that their response is inadequate and dangerous. On April 3 and May 4, advocates sent letters to Governor Edwards urging him to adopt evidence-based, proactive plans for the prevention and management of
133 “[A] factfinder may conclude that a prison official knew of a substantial risk from the very fact that the risk was obvious.” Gates v. Cook, 376 F.3d 323, 333 (5th Cir. 2004).
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COVID-19 in OJJ’s secure care facilities.134 The letters included 13 specific recommendations and
numerous resources to assist in the development of these plans.135 The governor never responded,
and none of the recommendations were implemented Additionally, parents have been contacting
Defendants-Respondents frequently with desperate concerns about their children’s well-being.136
“[C]orrectional officials have an affirmative obligation to protect inmates from infectious
disease.”137 The Eighth Amendment “require[s] a remedy” where jailors knowingly expose their
charges to a risk of contracting serious infectious diseases, even if “it was not alleged that the likely
harm would occur immediately and even though the possible infection might not affect all of those
exposed.”138 The Fifth Circuit has repeatedly recognized that, even in normal times, unreasonably
subjecting detained people to infectious disease constitutes deliberate indifference.139 The
evidence summarized supra indisputably shows that—during this unprecedented pandemic—
Defendants-Respondents’ COVID-19 response is egregiously unsound and poses increasingly
grave and unconstitutional dangers to the children in OJJ custody.
II. Plaintiffs-Petitioners Will Suffer Irreparable Injury Absent Emergency Relief
Louisiana’s detained children unquestionably will suffer irreparable injury—including
serious medical complications, trauma, and even death—unless this Court grants emergency relief.
134 See Letters to Governor Edwards, Dkt. 1-11. 135 Id. 136 See, e.g., A.B. Decl., Dkt. 1-10 at ¶ 6 (“[I] told [my son’s case worker’s supervisor] that I was worried that my son was in danger. . . . I told him I was worried that the boy who used the phone after my son had gotten the virus from him. . . . I told him they should test everybody in the facility.”). 137 Jolly v. Coughlin, 76 F.3d 468, 477 (2d Cir. 1996). 138 Helling v. McKinney, 509 U.S. 25, 33 (1993). 139 See, e.g., Gomez v. Warner, 39 F.3d 320 (5th Cir. 1994) (per curiam) (prisoner alleged deliberate indifference by prison officials where the prison’s razor-swapping program created the mere “risk” of “possible spread” in the transmission of deadly “infectious diseases such as HIV, AIDS, and hepatitis.”); Johnson v. Epps, 479 F. App’x 583, 589-92 (5th Cir. 2012) (allegations that inmate 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”).
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As detailed supra, the situation is increasingly dire. Children tested positive for COVID19 at a rate of 97%. Children are being exposed yet not tested. Children are living in an environment in which CDC guidelines are not being followed. Children are cut off from their families. Parents are left in the dark about their children’s medical status and treatment. Children are being pepper sprayed. Children are being put in disciplinary isolation. Children are engaging in desperate self-help behavior that endangers themselves and others—such as rioting and attempting to run away—recognizing that the adults in charge of their safety are failing to protect them. It is likely only a matter of time before OJJ’s utter indifference and ineptitude results in the death of a child, if not multiple children. And even if all the children survive, the trauma of this experience compounds each day that they spend at the mercy of OJJ’s incompetence. The Supreme Court has long recognized that “[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. . . . [A] remedy for unsafe conditions need not await a tragic event.”140 Where children are involved, that logic is even more poignant. III. The Equities and Public Interest Clearly Favor Plaintiffs-Petitioners
The third and fourth TRO factors, “harm to the opposing party and weighing the public interest …[,] merge when the Government is the opposing party.”141 Here, those factors weigh heavily in favor of granting the relief Plaintiffs-Petitioners seek.
As an initial matter, the requested injunction would protect Plaintiffs-Petitioners’ constitutional rights, and “[i]t is always in the public interest to prevent the violation of a party’s
140 Helling v. McKinney, 509 U.S. 25, 33 (1993); see also Gates v. Cook, 376 F.3d 323, 333 (5th Cir. 2004) (“It is also important to note that [an] inmate need not show that death or serious illness has [already] occurred.”) 141 Nken v. Holder, 556 U.S. 418, 435 (2009).
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constitutional rights.”142 Because “confidence in the humane application of the governing laws of the State must be in the public’s interest,”143 public interest considerations weigh strongly in favor of preventing Defendants-Respondents from continuing to expose children to cruel and unusual punishment in the form of willful exposure to a substantial and increasing risk of serious harm.
By contrast, there is no substantial harm to Defendants-Respondents in ordering the relief requested; indeed, it would lessen the burden on Defendants-Respondents and protect their staff. No legitimate interest exists in failing to protect these children and OJJ’s own staff from the dangers posed by COVID-19. Releasing children on expanded furlough would significantly mitigate the burden on Defendants-Respondents. Even if there were some articulable harm to Defendants-Respondents here, it would nevertheless be greatly outweighed by the catastrophic risk posed to the children in their custody. IV. The Court Should Immediately Enter a Temporary Restraining Order While It
Adjudicates This Motion Nothing could be more urgent: Defendants-Respondents’ virtually non-existent and constitutionally inadequate response to COVID-19 in Louisiana’s secure care facilities for children is increasing, rather than decreasing, the grave risks these incarcerated children face. It is impossible to mitigate these risks without reducing population, and impossible to minimize trauma and other potentially long-term harms without prompt, proactive, adaptive strategies to meet the rehabilitative and therapeutic needs of the children left behind. Even an expedited briefing schedule cannot ensure children’s health in an environment where no uniform measures are currently in place. For this reason, “[a] hearing weeks from now may be no relief at all.”144
142 Jackson Women’s Health Org. v. Currier, 760 F.3d 448, 458 n.9 (5th Cir. 2014) (quoting Awad v. Ziriax, 670 F.3d 1111, 1132 (10th Cir. 2012)); accord, e.g., June Medical Servs., LLC v. Caldwell, No. 14-cv-525-JWD-RLB, 2014 WL 4296679, at *8 (M.D. La. Aug. 31, 2014). 143 Harris v. Johnson, 323 F. Supp. 2d 797, 810 (S.D. Tex. 2004). 144 Coronel v. Decker, No. 20-cv-2472 AJN, 2020 WL 1487274, at *7 (S.D.N.Y. Mar. 27, 2020).
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Plaintiffs-Petitioners are prepared to proceed to a preliminary injunction hearing as soon

as Defendants-Respondents and the Court are able. But in the interim, a temporary restraining

order is the only way to ensure that Defendants-Respondents’ dangerous actions and inactions do

not further threaten the lives of these children prior to a hearing.

V. The Court Should Waive the Security Bond

Plaintiffs-Petitioners request that emergency relief be granted without security because

they seek to enforce fundamental rights in which there is a substantial public interest.145 Under

these circumstances, waiver of the security bond is proper, and Plaintiffs-Petitioners therefore

respectfully request that the Court exercise its broad discretion to do so.146

CONCLUSION

For all these reasons, Plaintiffs-Petitioners respectfully request that this Court grant their

motion for temporary restraining order.

Respectfully submitted this 15th day of May, 2020.

/s/ Mercedes Montagnes

Mercedes Montagnes, La. Bar No. 33287 Nishi Kumar, La. Bar No. 37415 The Promise of Justice Initiative 1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529-5955 Facsimile: (504) 595-8006 Email: mmontagnes@defendla.org

Marsha Levick** Jessica Feierman** Karen U. Lindell** JUVENILE LAW CENTER 1800 JFK Boulevard, Suite 1900A Philadelphia, PA 19103 Telephone: (215) 625-0551 Email: mlevick@jlc.com

145 See Elliott v. Kieswetter, 98 F.3d 47, 60 (3rd Cir. 1996) (court may waive bond requirement of Fed. R. Civ. P. 65(c) when balance of equities weighs overwhelmingly in favor of party seeking injunction); see also Temple Univ. v. White, 941 F.2d 201, 220 (3rd Cir. 1991) (district court waiver of bond was affirmed where the plaintiff hospital had “pursued a course of litigation clearly in the public interest, i.e., it seeks to preserve its role as a community hospital serving a disproportionate share of low income patients”); Pharmaceutical Soc. of State of New York, Inc. v. New York State Dept. of Social Services, 50 F.3d 1168, 1175 (2nd Cir. 1995) (affirming approval of bond waiver). 146 See, e.g., Molton Co v. Eagle-Picher Industries, Inc., 55 F.3d 1171, 1176 (6th Cir. 1995) (approving waiver of bond given strength of case and “the strong public interest” involved); Campos v. INS, 70 F. Supp. 2d 1296, 1310 (S.D. Fla. 1998) (because plaintiffs were indigent and sought to vindicate their constitutional rights, consistent with the public interest, the court did not require a bond).
25

Case 3:20-cv-00293-JWD-EWD Document 7-1 05/15/20 Page 27 of 27

Stuart Sarnoff* Lisa Pensabene** Laura Aronsson* Mariam Kamran** O’MELVENY & MYERS LLP Times Square Tower 7 Times Square New York, NY 10036 Telephone: (212) 326-2000 Email: ssarnoff@omm.com
John Adcock La. Bar No. 30372 Adcock Law LLC 3110 Canal Street New Orleans, LA 70119 Telephone: (504) 233-3125 Email: jnadcock@gmail.com
David Lash* O’MELVENY & MYERS LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071 Telephone: 213-430-6000 Email: dlash@omm.com

Brandon Amash* O’MELVENY & MYERS LLP 610 Newport Center Drive 17th Floor Newport Beach, CA 92660 Telephone: (949) 823-6900 Email: bamash@omm.com
Benjamin Singer** Jason Yan* O’MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Telephone: (202) 383-5300 Email: bsinger@omm.com

Attorneys for Plaintiffs
*Pro hac vice pending **Pro hac vice to be submitted
CERTIFICATE OF SERVICE
I, Nishi Kumar, an attorney, hereby certify that on May 15, 2020, I caused a copy of the foregoing to be filed using the Court’s CM/ECF system.
I further certify that I, or another one of Plaintiffs’ attorneys, will promptly electronically serve a copy of the same, along with all other pleadings and papers filed in the action to date to the General Counsel for the Louisiana Office of Juvenile Justice and the General Counsel for the Louisiana Governor as well as the Louisiana Department of Justice Director of Litigation via email.
/s/ Nishi Kumar Nishi Kumar, La. Bar No. 37415
26

Case 3:20-cv-00293-JWD-EWD Document 7-2 05/15/20 Page 1 of 4
DECLARATION OF JOSHUA ROVNER, MPP
I, Joshua Rovner, declare as follows: 1. I am the Senior Advocacy Associate at The Sentencing Project, where I have been employed since 2014, managing a portfolio of juvenile justice issues, including juveniles sentenced to life without parole, the transfer of juveniles into the adult criminal justice system, and racial and ethnic disparities in juvenile justice. My work has supported reforms in numerous states through research and testimony. I am the author of several papers and fact sheets that have been cited by the National Academies of Science, Engineering and Medicine1 and the National Institutes of Justice.2 I received his undergraduate degree from the University of Rochester in 1997 and a Master of Public Policy from the George Washington University in 2005. 2. Starting in late March of this year, I have tracked the incidence of COVID-19 in juvenile detention, correction, and other residential facilities among incarcerated youth and the staff employed therein. This work has been cited by United States Senators,3 the Washington Post,4 National Public Radio,5 NBC News,6 the Associated Press,7 and other sources as the definitive source of information on the incidence of COVID-19 in juvenile facilities. To the best of my knowledge, I am the only person possessing this information. 3. Daily, I consume news articles from an array of publications that inform this work. Information about positive tests is also provided by colleagues at allied organizations that is typically confirmed through later reporting. Lastly, several states, including Louisiana
1 National Academies of Sciences, Engineering, and Medicine. 2019. The Promise of Adolescence: Realizing Opportunity for All Youth. Washington, DC: The National Academies Press. https://doi.org/10.17226/25388.
2 McCarthy, Patrick, Vincent Schiraldi, and Miriam Shark. The Future of Youth Justice: A Community-Based Alternative to the Youth Prison Model. New Thinking in Community Corrections Bulletin. Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 2016. NCJ 250142. 3 Charles E. Grassley, et al., Letter to Administrator Caren Harp (May 6, 2020), https://www.grassley.senate.gov/news/news-releases/senators-guidance-needed-shield-juvenile-offenderscoronavirus. 4 David Montgomery & Richard A. Webster, Coronavirus Spreads Among Kids in Detention in Louisiana, WASH. POST (Apr. 16, 2020), https://www.washingtonpost.com/national/coronavirus-spreads-among-kids-in-detention-inlouisiana/2020/04/16/579871d4-8003-11ea-a3ee-13e1ae0a3571_story.html. 5 Mallory Noe-Payne, Virginia Juvenile Correctional Facility Overwhelmed by Coronavirus, NAT’L PUB. RADIO (Apr. 20, 2020), https://www.npr.org/sections/coronavirus-live-updates/2020/04/20/838790229/virginia-juvenilecorrectional-facility-overwhelmed-by-coronavirus. 6 Tyler Kingkade, “I’m Scared for my Child”: Coronavirus Hits Louisiana Juvenile Detention Centers, NBC NEWS (Apr. 13, 2020), https://www.nbcnews.com/news/us-news/i-m-scared-my-child-coronavirus-hits-louisiana-juveniledetention-n1182756. 7 Margie Mason & Robin McDowell, Riots & Fear as Coronavirus Hits US Juvenile Centers, ABC NEWS, https://abcnews.go.com/Health/wireStory/riots-fear-coronavirus-hits-us-juvenile-centers-70369487.
DECLARATION OF JOSHUA ROVNER, MPP

Case 3:20-cv-00293-JWD-EWD Document 7-2 05/15/20 Page 2 of 4
(see paragraph 7, below) provide some information on the incidence of COVID-19 in some of their juvenile facilities. 4. As of May 14, 2020, I am aware of 380 incarcerated youth who have been diagnosed with COVID-19 in the United States. 5. As of May 14, I am aware of 461staff members working in juvenile facilities who have been diagnosed with COVID-19 in the United States. 6. On March 27, the Times-Picayune8 reported three incarcerated youth had tested positive for COVID-19, the first Louisiana cases of which I was aware. On March 31, the Associated Press reported that one child, held in a group home in Baton Rouge, had tested positive.9 7. In the beginning of April, the Louisiana Office of Juvenile Justice (“OJJ”) launched a webpage on its website titled, “OJJ COVID-19 Information,” revealing some information about the incidence of COVID-19 in four state-run facilities: Acadiana Center for Youth, Bridge City Center for Youth, Swanson Center for Youth in Columbia, and Swanson Center for Youth in Monroe. That webpage is updated on most weekdays and occasionally on weekends. I visit this webpage daily and have been doing so since it launched. 8. At no time did the OJJ webpage described in Paragraph 7 mention the incidence of COVID-19 at group homes. I learned of three more COVID-19 cases among youth while being interviewed by a reporter for the Washington Post that was published online on the afternoon of April 16, 2020.10 In total, I am aware of four Louisiana youth stricken by COVID-19 whose cases were reported by national media, not the OJJ. These four youths are not included in the cases reported on OJJ’s webpage. 9. There are presently 28 youth listed on the OJJ webpage as having tested positive for COVID-19. The last of these cases was revealed on or around April 17, the day after the Washington Post article cited above was published. There have been no additional cases added to the OJJ webpage since this time. 10. In an article published by WDSU on May 5, 2020, OJJ said that it has conducted 29 COVID-19 tests and found 28 positive cases.11 11. In sum, OJJ did not conduct any testing of youth between April 17 and May 5. Nor am I aware of any tests since May 5, 2020. The number of positive cases among youth on the OJJ webpage has not increased.
8 Matt Sledge, 3 Youths in Louisiana Custody Test Positive for Coronavirus, THE TIMES-PICAYUNE (Mar. 27, 2020), https://www.nola.com/news/coronavirus/article_16c1aa6e-7044-11ea-b054-8bc33633446b.html. 9 Robin McDowell & Margie Mason, Kids Under Threat: Coronavirus Hitting Juvenile Detention Centers, ASSOCIATED PRESS (Apr. 1, 2020), https://apnews.com/ee561204aae1c4c459256ddcd635e7ec. 10 See supra note 2. 11 Emily Lane, Parents Press for Better Handling of Pandemic in Louisiana’s Juvenile Prisons, WDSU News (May 5, 2020), https://www.wdsu.com/article/parents-press-for-better-handling-of-pandemic-in-louisianas-juvenileprisons/32382767.
DECLARATION OF JOSHUA ROVNER, MPP

Case 3:20-cv-00293-JWD-EWD Document 7-2 05/15/20 Page 3 of 4
12. Meanwhile, the staff cases of COVID-19 have continued to grow in these same facilities. Bridge City has 21 staff who have tested positive. After April 17, there were new cases on April 20, three on April 24, two on April 27, and one on April 28. Columbia reported its ninth on May 5; four of the nine were after April 17. Monroe has eight, four of which are after April 17, 2020.
13. Data of varying quality are available for state-run juvenile facilities in California,12 the District of Columbia,13 Florida,14 Georgia,15 Indiana,16 Maryland,17 New Jersey,18 New Mexico,19 Ohio,20 South Carolina,21 Tennessee,22 and Virginia,23 posted online. Maryland and Florida report on known COVID-19 cases in all facilities. The Commonwealth of Massachusetts provides information to juvenile defenders about COVID-19 in juvenile facilities via email; I have received that information indirectly.24 Some locales, such as Los Angeles County25 and the states of Indiana, Maryland, Ohio, and Tennessee report negative tests as well as positive ones.
14. Testing practices in juvenile facilities vary widely across jurisdictions. Los Angeles County, for example, has begun testing all youth on admission to its two detention centers. New Jersey recently announced plans to test all individuals confined in juvenile and adult facilities statewide.
12 Cal. Dep’t Corr. & Rehab., Division of Juvenile Justice, https://www.cdcr.ca.gov/juvenile-justice/. 13 Gov’t D.C., Public Safety Agency COVID-19 Case Data, https://coronavirus.dc.gov/page/public-safety-agencycovid-19-case-data. 14 Fla. Dep’t Juvenile Justice, Press Releases, http://www.djj.state.fl.us/news/press-releases. 15 Ga. Dep’t Juvenile Justice, https://djj.georgia.gov/. 16 Ind. Dept’ Corr., IDOC Facility COVID-19 Statistics, https://www.in.gov/idoc/3780.htm. 17 Md. Dep’t Juvenile Servs., DJS Response to COVID-19, https://djs.maryland.gov/Pages/COVID-19.aspx. 18 N.J. Dep’t Law & Pub. Safety, Juvenile Justice Commission: COVID-19 Updates, https://www.nj.gov/oag/jjc/covid19-facilities.html. 19 N.M. Children, Youth & Families Dep’t, Juvenile Justice COVID-19 Report (May 8, 2020), https://cyfd.org/news/news/juvenile-justice-covid-19-report. 20 Ohio Dep’t Youth Servs., COVID-19 Youth Testing (May 13, 2020), https://coronavirus.ohio.gov/static/DYSCOVID-19Report.pdf. 21 S.C. Dep’t Juvenile Justice, Confirmed COVID-19 Cases Within SCDJJ, https://djj.sc.gov/Confirmed_COVID19_Cases. 22 Tenn. Dep’t Children’s Servs, Wilder Youth Development Center, https://www.tn.gov/content/dam/tn/dcs/documents/covid-19/COVID-19_Testing.pdf. 23 Va. Dep’t Juvenile Justice, COVID-19 Resources for Parents & Stakeholders, http://www.djj.virginia.gov/pages/about-djj/covid.htm. 24 Information available on file. 25L.A. County Probation, COVID-19 Information, https://probation.lacounty.gov/coronavirus/#158535340266250edeac8-16c9.
DECLARATION OF JOSHUA ROVNER, MPP

Case 3:20-cv-00293-JWD-EWD Document 7-2 05/15/20 Page 4 of 4
15. It is my belief, based on the reported data, that the state of Louisiana, the site of the first outbreaks in juvenile facilities, ceased testing incarcerated youth in its four state-run juvenile correctional facilities on or about April 17 despite being aware of the growth of COVID-19 among the staff at three of the four facilities.
16. Due to the lack of widespread testing, my research on juvenile facilities most likely undercounts the incidence of COVID-19. It is well known that many people who are diagnosed with the coronavirus are asymptomatic. Thus, I have been deeply troubled when, for example, the Pendleton (Ind.) Juvenile Correctional Facility reported three positive tests among three total tests on April 30, 2020; a fourth positive test among four total tests on May 2, 2020; a fifth, sixth, and seventh positive test among seven total tests on May 10, and an eighth, ninth, tenth, and eleventh positive test among eleven total tests as of May 11.26 Adequate testing would surely reveal at least one youth over the course of two weeks who is not COVID-positive.
17. The absence of information on OJJ’s COVID-19 webpage, such as the number of incarcerated Louisiana youth who have been tested for the coronavirus, the results of those tests, and the number of youth in medical isolation or other forms of quarantine, leaves vast ambiguity about the incidence of coronavirus in Louisiana’s facilities. Louisiana’s lack of reported new positive tests may be the result of a lack of adequate testing or the result of more complete testing with generally negative results, as in Los Angeles County.
18. OJJ is aware of cases in the residential group homes, and not reporting these cases to the public unless asked by national media. Without publicly disclosed information about testing practices and results, it is impossible to assess the degree to which COVID-19 may be spreading throughout Louisiana facilities.
I declare under penalty of perjury that the foregoing is true and correct. Executed on May 15, 2020 at Silver Spring, Maryland.
________________________________________ JOSHUA ROVNER, MPP
26 See supra note 15.
DECLARATION OF JOSHUA ROVNER, MPP

Case 3:20-cv-00293-JWD-EWD Document 7-3 05/15/20 Page 1 of 2

Search



(https://ojj.la.gov)
O ce of Juvenile Justice

Updated as of 5/14/2020 – will be updated daily at 11:00am

Secure Care Facility
Acadiana Center for Youth Bunkie Bridge City Center for Youth Swanson Center for Youth Columbia Swanson Center for Youth Monroe Total

# of Youth Positive 1 10
12
5 28

# of Youth Recovered
1 10
12
5 28

The O ce of Juvenile Justice is working closely with its medical provider, Wellpath and guidance from the Louisiana O ce of Public Health to determine the most appropriate treatment for each youth who may fall ill in its facilities during this crisis. Quarantine and isolation guidelines have been established to accommodate any exposure that has been determined.
“All OJJ e orts are coordinated to aid in maintaining safety and security for all young people in our care and those that provide them services. At the same time, we are reaching out to families of those a ected by this crisis to keep them apprised of the health of their children.” – Deputy Secretary Dustin Bickham
OJJ has been limiting the number of visitors, contractors and deliveries on secure care campuses since the onset of the public health crisis. This also includes limiting transports to essential trips only. Per public health guidelines, anyone entering these facilities is being screened including temperature checks. PPE has been distributed throughout the secure care facilities.

Acadiana Center for Youth Bridge City Center for Youth Swanson Center for Youth in Columbia Swanson Center for Youth in Monroe
/

Case 3:20-cv-00293-JWD-EWD Document 7-3 #0o5f/E1m5p/l2o0yeesPage 2#ooff 2Employees

Secure Care Facility

Positive

Recovered

Acadiana Center for Youth

1

1

Bridge City Center for Youth

21

13

Swanson Center for Youth in

10

2

Monroe

Swanson Center for Youth in

9

0

Columbia

Total

41

16

All reports of sexual abuse or sexual harassment will be investigated and addressed. Youth, employees, and third parties can report incidents of sexual abuse or sexual harassment in verbal or written formats. All parties can le a report with the O ce of Juvenile Justice by calling the Investigative Services hotline at 1-800-626-1430. Reporters can
remain anonymous or provide contact information in the event more information is needed.

(https://cafe-

(http://www.dhh.louisi(ahntatp.gso:/v//w) ww.lla.la.gov/(htottpli:n//ew/)ww.getagameplan.org/)

cp.dcfs.la.gov/selfservice/)

Copyright © 2020 All Rights reserved by Louisiana Department of Juvenile Justice

Y 7919 Independence Blvd Baton Rouge, LA 70806
¨ (tel:(225) 287-7900)(225) 287-7900

/

Case 3:20-cv-00293-JWD-EWD Document 7-4 05/15/20 Page 1 of 1

Case 3:20-cv-00293-JWD-EWD Document 7-5 05/15/20 Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

J.H., by and through his mother and next friend, N.H.; I.B., by and through his parents and next friends, A.B. and I.B., on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
-against-

CIVIL ACTION NO. 3:20-cv-00293-JWDEWD
CLASS ACTION

JOHN BEL EDWARDS, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA; THE LOUISIANA OFFICE OF JUVENILE JUSTICE; EDWARD DUSTIN BICKHAM, IN HIS OFFICIAL CAPACITY AS INTERIM DEPUTY SECRETARY OF THE LOUISIANA OFFICE OF JUVENILE JUSTICE; JAMES WOODS, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE ACADIANA CENTER FOR YOUTH; SHANNON MATTHEWS, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE BRIDGE CITY CENTER FOR YOUTH; SHAWN HERBERT, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT MONROE; and RODNEY WARD, IN HIS OFFICIAL CAPACITY AS THE DEPUTY DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT COLUMBIA,

Defendants-Respondents.

[PROPOSED] ORDER Considering the foregoing Emergency Motion for Temporary Restraining Order Seeking Immediate Furlough, it is ordered that the motion is GRANTED IN PART and Defendants are temporarily restrained—up until and including the time that this Court issues a decision on the preliminary injunction application, after a hearing—from (1) continuing to confine all children
1

Case 3:20-cv-00293-JWD-EWD Document 7-5 05/15/20 Page 2 of 2
who are currently within 180 days of their release dates; (2) continuing to confine children who are presumptively eligible for release, including all children who are eligible for furlough under OJJ’s criteria; (3) failing to test children for COVID-19; (4) using “Behavioral Intervention Rooms” for any child who tests positive for COVID-19 or displays symptoms of the disease; (5) confining children to their dormitories for lengthy periods of time; (6) using pepper spray on children; and (7) continuing the suspension of structured educational and rehabilitative programming in OJJ facilities. Defendants-Respondents are also ordered to develop, within 48 hours, an effective COVID-19 response plan governing the state’s four children’s detention centers that fully conforms to CDC guidelines.
The parties are directed to meet and confer within 24 hours of this order on the least burdensome means for Defendants-Respondents to comply with this Order.
A hearing in this matter will take place on _______________.
Signed in Baton Rouge, Louisiana, this ___ day of ______________, 2020.
_______________________________ Judge John W. deGravelles
2

 
 Case 3:20-cv-00293-JWD-EWD Document 31 05/27/20 Page 1 of 21

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

J.H., by and through his mother and next friend, N.H.; I.B., by and through his parents and next friends, A.B. and I.B., on behalf of themselves and all others similarly situated,
Plaintiffs-Petitioners,
-against-

CIVIL ACTION NO. 3:20-cv-00293-JWDEWD
CLASS ACTION

JOHN BEL EDWARDS, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA; THE LOUISIANA OFFICE OF JUVENILE JUSTICE; EDWARD DUSTIN BICKHAM, IN HIS OFFICIAL CAPACITY AS INTERIM DEPUTY SECRETARY OF THE LOUISIANA OFFICE OF JUVENILE JUSTICE; JAMES WOODS, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE ACADIANA CENTER FOR YOUTH; SHANNON MATTHEWS, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE BRIDGE CITY CENTER FOR YOUTH; SHAWN HERBERT, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT MONROE; and RODNEY WARD, IN HIS OFFICIAL CAPACITY AS THE DEPUTY DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT COLUMBIA,

Defendants-Respondents.

REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS-PETITIONERS’ EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER1

1 This Court granted Plaintiffs-Petitioners leave to file a reply memorandum in support of their Motion for TRO during the Telephone Status Conference held on May 20, 2020. See Dkt. 21 at 2.

Case 3:20-cv-00293-JWD-EWD Document 31 05/27/20 Page 2 of 21
I. Introduction
The evidence provided by Defendants confirms, rather than rebuts, the disturbing facts in
Plaintiffs’ Motion for TRO, and the pressing need to protect Louisiana’s detained children through
emergency injunctive relief. Specifically, Defendants’ Opposition admits the following facts:
x OJJ has not administered any initial COVID-19 tests to children in its secure care facilities since April 12;2
x OJJ has tested only 30 children total;3 x Of the 30 children OJJ has tested for COVID-19, 28 tested positive initially—93%;4 x OJJ does not administer COVID-19 tests to any children who do not outwardly display
specific symptoms;5 and x All furloughs have been postponed since March 16.6
Additionally:
x As of May 26, 48 OJJ staff members have tested positive—at least eight more than when Plaintiffs filed their Motion for TRO on May 15;7
x Seventeen children currently in OJJ’s secure care facilities have been identified as ‘Chronic Care’ as of May 22;8
x The facilities are still not providing adequate educational and rehabilitative programming;9 x The children are still confined indoors for excessively long periods of time;10 x Parents are still unable to speak to their children regularly, and OJJ is still refusing to share
information with them regarding the facilities’ COVID-19 policies;11 and x Louisiana now has at least 17 confirmed cases of the serious pediatric condition, now called
multisystem inflammatory syndrome in children (‘MIS-C’) or pediatric inflammatory multisystem syndrome (‘PIMS’), that is linked to COVID-19.12
2 List of Youth Tested for COVID-19, Dkt. 25-3 at 34-35. 3 Id. 4 Id. 5 See Defs.’ Opp’n to TRO at 5 (‘Youth who are not exhibiting symptoms of COVID-19 are not tested for the disease.’). 6 See Defs.’ Opp’n to TRO at 5 (‘Beginning March 16, 2020, all off-site programming was suspended, and furloughs were postponed.’). 7 OJJ COVID-19 Information, La. Office of Juvenile Justice, https://ojj.la.gov/ojj-covid-19-information/ (last visited May 26, 2020); Pls.’ Memo. in Support of TRO, Dkt. 7-1 at 10. 8 Ex. 1, OJJ Chronic Care List. 9 Ex. 2, J.P. Decl. at ¶ 8. 10 Id. 11 Id. at ¶¶ 7, 9. 12 Ex. 3, Maraynes Decl. at ¶ 8; see also Emily Woodruff, There are 11 Louisiana cases of the pediatric inflammatory condition that’s linked to coronavirus, NOLA.COM (May 22, 2020 at 12:57 PM), https://www.nola.com/news/coronavirus/article_cc495d86-9c55-11ea-bf78-87380aa2aa98.html.
1

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Defendants continue to ignore the dire threat that COVID-19 poses to the children in their care,
and they continue to maintain increasingly unsafe and non-rehabilitative conditions of confinement
that violate Plaintiffs’ constitutional rights. As this untenable situation worsens each day, Plaintiffs
respectfully request that this Court grant their Motion for Temporary Restraining Order.13
II. Plaintiffs Have Satisfied the Exhaustion Requirement of the Prison Litigation Reform Act (PLRA)
Defendants claim (1) that Plaintiff must file Administrative Remedy Procedure (‘ARP’)
grievances themselves, rather than have them filed by a parent or an attorney; and (2) that Plaintiffs
must use the non-emergency grievance procedure if their emergency grievance is not responded
to within the 48-hour or 5-day timeline.14 Neither of these arguments has merit. To comply with
the PLRA, the grievance must ‘reasonably indicate a problem’ and give officials ‘fair notice’ of
the problem at issue.15 Defendants’ reliance on Gates v. Cook is misplaced. In that case, the Court
concluded that the prisoner was not required to use the regular grievance process after completing
an emergency request.16 Moreover, in cases involving juveniles confined to secure care facilities,
courts have interpreted grievance procedures generously to avoid findings of non-exhaustion.17
13 Plaintiffs’ Motion for TRO seeks an order immediately enjoining Defendants from (1) continuing to confine all children who are currently within 180 days of their release dates; (2) continuing to confine children who are presumptively eligible for release, including all children who are eligible for furlough under OJJ’s criteria as well as those who have contracted the disease and those who are medically vulnerable; (3) failing to test children for COVID19; (4) using Behavioral Intervention Rooms for any child who tests positive for COVID-19 or displays symptoms of the disease; (5) confining children to their dormitories for lengthy periods of time; (6) using pepper spray on children; and (7) continuing the suspension of structured educational and rehabilitative programming in OJJ facilities. Plaintiffs also ask that this Court order Defendants to develop, within 48 hours, an effective COVID-19 response plan governing the state’s four children’s detention centers that fully conforms to CDC guidelines. See Pls.’ Mot. for TRO, Dkt. 7. 14 A legislative audit from 2018 found that OJJ did not address 19% of youth grievances within the appropriate timelines. Performance Audit Services, Oversight of Safety in Secure Care Facilities, (June 6, 2018), https://www.lla.la.gov/PublicReports.nsf/64DF5EBB49AE4404862582A40078718D/$FILE/000194C2.pdf. 15 Johnson v. Johnson, 385 F.3d 503, 518–19 (5th Cir. 2004). 16 Gates v. Cook, 376 F.3d 323, 331–32 (5th Cir. 2004). 17 See Lewis v.* Gagne, 281 F.Supp.2d 429, 433-35 (N.D.N.Y. 2003) (holding that a mother had made sufficient ‘reasonable efforts’ to exhaust, without explicitly commenting on the juvenile’s own status); see also Troy D. v. Mickens, 806 F.Supp.2d 758, 768-69 (D.N.J. 2011) (holding ombudsman procedure was exhausted by an attorney’s letter to juvenile institution superintendent); Moore v. Louisiana Dept. of Public Safety and Corrections, 2002 WL
2

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Counsel for Plaintiffs filed Third-Party emergency grievances on behalf of I.B. and J.H. on May 8 and 9, respectively, via email to the relevant facility directors.18 State law and the OJJ
Administrative Remedy Procedure expressly encompass Third-Party ARPs, and Third-Party ARPs by attorneys in particular.19 Counsel sent the emergency grievances according to instructions she received over the phone from the facilities.20 Counsel did not receive a response to either grievance within 48 hours or 5 business days,21 as laid out in the ARP policies and procedures, thereby
exhausting the emergency grievance process or, alternatively, establishing that it is unavailable.
The only deficiency Defendants allege as to these otherwise legally and factually sufficient
emergency grievances is that OJJ staff incorrectly instructed Counsel on whom to direct the
grievances. The facility directors could have simply sent the grievances to the unnamed ARP coordinators,22 but doing so would have been pointless per internal policy, because in the case of
a grievance ‘which alleges substantial risk of imminent personal injury or cause serious or
irreparable harm,’ the ARP Coordinator ‘shall immediately forward’ the grievance or the relevant portion of the grievance to upper management, including the facility directors themselves.23
Defendants’ Opposition indicates that the emergency grievances should have been rejected—
though, of note, no notice of rejection has been sent to Counsel for Plaintiffs. Under state law and
1791996, *4 (E.D.La., Aug. 5, 2002) (declining to enforce 30-day time limit; declaring 30-day delay in filing complaint ‘not unreasonable’ given that the plaintiff was a juvenile in state custody). 18 Ex. 4, Kumar Decl. at ¶¶ 3, 6; Ex. 5, J.H. Emergency Grievance. 19 La. Admin. Code tit. 22 § 713; Office of Juvenile Justice, Administrative Remedy Procedure B.5.3 at VII.F.4, VII.I (July 31, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/B.5.3.pdf. That Counsel represented J.H.’s mother and I.B.’s parents, and had not entered into a client retainer agreement with minor children, which is an unenforceable contract under state law, is of no issue here. A completed Third-Party Acknowledgment/Approval Form that was included is what is required for a non-parent or guardian to file an ARP on a child’s behalf. 20 Ex. 4, Kumar Decl. at ¶¶ 2-3, 5-6. 21 Id. at ¶ 7. 22 Furthermore, an official giving wrong information on the ARP procedure can make that process ‘unavailable.’ See Dillon v. Rogers, 596 F.3d 260, 268 (5th Cir. 2010). 23 Office of Juvenile Justice, Administrative Remedy Procedure B.5.3 at VII.I (July 31, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/B.5.3.pdf
3

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OJJ policy, rejection of an ARP is sufficient for exhaustion.24 In any event, given that Defendants
assert failure to exhaust based upon misinformation they themselves supplied, and upon which
Plaintiffs reasonably relied, that defense should be equitably estopped.25
Relevant though not necessary to establish compliance under the PLRA, I.B. also attempted
to file an emergency grievance through the procedures outlined in OJJ policy, though it was
construed by OJJ staff as five separate, non-emergent ARPs.26 Furthermore, N.H. filed an
emergency grievance on J.H.’s behalf using the procedures outlined in OJJ policy.27 OJJ failed to
respond to these grievances as well, as required, within 48 hours or 5 calendar days, indicating
administrative remedies are not currently ‘available.’28 Moreover, they failed to communicate
whether these grievances had been considered and been rejected as emergent and were instead
being treated as non-emergent, and would be replied to within 30 days of filing per OJJ policy.
24 Id. at VII.H (‘If a youth’s ARP is rejected…he may seek judicial review of the decision within 30 calendar days following receipt of the decision.’). 25 See Ziemba v. Wezner, 366 F.3d 161, 163 (2d Cir. 2004) (holding that PLRA’s exhaustion requirement is subject to equitable estoppel); Wright v. Hollingsworth, 260 F.3d 357, 358 n.2 (5th Cir. 2001); Wendell v. Asher, 162 F.3d 887, 890 (5th Cir. 1998) (stating that the amended PLRA statute imposes an exhaustion ‘requirement, rather like a statute of limitations, that may be subject to certain defenses such as waiver, estoppel, or equitable tolling’); Lewis v. Washington, 300 F.3d 829, 834 (7th Cir. 2002) (noting that the Fifth Circuit’s application of estoppel to PLRA exhaustion was ‘persuasive.’). The applicable elements of equitable estoppel are set forth in Carson v. Dynegy, Inc., 344 F.3d 446, 453 (5th Cir. 2003) (‘(1) the plaintiff must know the facts of the defendant’s [] conduct; (2) the plaintiff must intend that its conduct shall be acted on or must so act that the defendant has a right to believe that it is so intended; (3) the defendant must be ignorant of the true facts; and (4) the defendant must rely on the plaintiff’s conduct to its injury.’). 26 Dkt. 25 at Exhibit E-3 at 1-5. 27 Office of Juvenile Justice, Administrative Remedy Procedure B.5.3 at VII.I (July 31, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/B.5.3.pdf. 28 See Valentine v. Collier, -- U.S. --, 2020 WL 2497541, *1 (May 14, 2020) (‘I caution in these unprecedented circumstances, where an inmate faces an imminent risk of harm that the grievance process cannot or does not answer, the PLRA’s textual exception could open the courthouse doors where they would otherwise stay closed.’). A legislative audit from 2018 found that OJJ did not address 19% of youth grievances within the appropriate timelines. Oversight of Safety in Secure Care Facilities, Office of Juvenile Justice (June 6, 2018), https://www.lla.la.gov/PublicReports.nsf/64DF5EBB49AE4404862582A40078718D/$FILE/000194C2.pdf.
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The risk of COVID-19 is indeed an emergency situation, and the normal 51-day window
for exhaustion is untenable. OJJ has not responded to a single emergency grievance request, which
could be rejected and put through the non-emergent grievance request process if necessary.
III. Defendants Are Violating Plaintiffs’ Constitutional Rights
A. Plaintiffs’ Conditions of Confinement Are Subject to the Liability Standards of the Due Process Clause of the Fourteenth Amendment
Unlike adults who are in prison, Plaintiffs’ claims regarding the conditions of their
confinement are subject to the liability standards of the Due Process Clause of the Fourteenth
Amendment, not the Eighth.29 While the Supreme Court has never explicitly stated which standard
applies in juvenile justice facilities, the Court has made clear that the Eighth Amendment ‘was
designed to protect those convicted of crimes’30 and is therefore not the appropriate standard for
reviewing the disciplining of students in schools31 or the conditions of confinement for other
categories of individuals involuntarily committed for non-punitive reasons, such as mental health
treatment.32 Various federal appellate and district courts have concluded that when ‘[t]he chief
objects of [a juvenile justice system] are educational and reformatory,’ the ‘system is noncriminal
and nonpenal,’ and ‘the fourteenth amendment applies to conditions of confinement.’33
29 Defendants concede this. See Defs.’ Opp’n to TRO at 22 n.19 (‘To the extent Plaintiffs are attempting to make a ‘conditions of confinement’ allegations, the liability test for such claims is whether ‘a particular condition or restriction of pretrial detention is reasonably related to a legitimate governmental objective.’’). 30 Ingraham v. Wright, 430 U.S. 651, 664 (1977). 31 Id. 32 Youngberg v. Romeo, 457 U.S. 307, 325 (1982). 33 Gary H. v. Hegstrom, 831 F.2d 1430, 1432 (9th Cir. 1987); see also H.C. v. Jarrard, 786 F.2d 1080, 1085 (11th Cir. 1986); Santana v. Collazo, 714 F.2d 1172, 1180 (1st Cir. 1983) (‘[B]ecause the state has no legitimate interest to punishment, the conditions of juvenile confinement, like those of confinement of the mentally ill, are subject to more exacting scrutiny than conditions imposed on convicted criminals.’); Milonas v. Williams, 691 F.2d 931, 942 n.10 (10th Cir. 1982) (‘Any institutional rules that amount to punishment of those involuntarily confined prior to an adjudication of guilt of criminal wrongdoing are violative of the due process clause per se.’); A.J. ex rel. L.B. v. Kierst, 56 F.3d 849, 854 (8th Cir. 1995) (‘[W]e conclude that, as a general matter, the due process standard applied to juvenile pretrial detainees should be more liberally construed than that applied to adult detainees.’); R.G. v. Koller, 415 F. Supp. 2d 1129, 1152 (D. Haw. 2006) (holding that the Fourteenth Amendment governs the constitutionality of conditions for youths ‘are adjudicated delinquent and have not been convicted of a crime.’).
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Under the Louisiana Constitution, the sole purpose of OJJ custody is to provide
‘rehabilitation and individual treatment,’ not to punish.34 Thus, ‘there is no need here, as there
might be in an Eighth Amendment case, to determine when punishment is unconstitutional.’35
Although the Fifth Circuit has not yet decided whether the Fourteenth Amendment standard
applies to conditions of confinement cases involving the rights of youth in OJJ custody, courts
around the country have acknowledged that ‘when a state incarcerates juveniles for the purpose of
treatment or rehabilitation,’ as Louisiana does, ’due process requires that the conditions of
confinement be reasonably related to that purpose.’36 Indeed, some courts have found that youth
in the juvenile justice system have a ‘right under the [Fourteenth] Amendment due process clause
to rehabilitative treatment’ even in the absence of a statutory basis.37 Thus, in light of Louisiana’s
express requirement that Plaintiffs be held in OJJ custody solely for rehabilitation and individual
34 Pursuant to Louisiana Constitution Article V, § 19, the nature of the juvenile justice system is a non-criminal ‘focus on rehabilitation and individual treatment rather than retribution, and the state’s role as parens patriae in managing the welfare of the juvenile in state custody.’ In re C.B., 708 So. 2d 391, 397 (La. 1998). Defendants’ argument that Plaintiffs’ references to the Louisiana Constitution are irrelevant because there are no state law claims in this case misunderstands federal constitutional law; rights created by state law trigger protections under the U.S. Constitution. See, e.g., Bd. of Regents v. Roth, 408 U.S. 564, 577 (1972) (holding that where state law creates a ‘legitimate claim of entitlement,’ that entitlement is protected by procedural due process rights under the U.S. Constitution). 35 Kingsley v. Hendrickson, 135 S. Ct. 2466, 2475 (2015). 36 Alexander S. v. Boyd, 876 F. Supp. 773, 796 n.43 (D.S.C. 1995) (‘[This theory] finds support in the Supreme Court’s pronouncement in Jackson v. Indiana, 406 U.S. 715, 738 (1972), that ‘due process requires that the nature and duration of commitment bear some reasonable relation to the purpose for which the individual is committed.’’); see also Morgan v. Sproat, 432 F. Supp. 1130, 1135 (S.D. Miss. 1977) (‘First, where, as in Mississippi, the purpose of incarcerating juveniles in a state training school is treatment and rehabilitation, due process requires that the conditions and programs at the school must be reasonably related to that purpose.’); State ex rel. S.D., 832 So. 2d 415, 433 ((La. App. 4 Cir. 2002) (same). 37 Nelson v. Heyne, 491 F.2d 352, 360, 360 n.12 (7th Cir. 1974) (‘Since we have today determined that the federal Constitution affords juveniles a right to treatment, any interpretation of [state law] which would find no such right to exist would itself be unconstitutional.’); see also Pena v. N.Y. State Div. for Youth, 419 F. Supp. 203, 207 (S.D.N.Y. 1976) (‘[T]his court finds that the detention of a youth under a juvenile justice system absent provision for the rehabilitative treatment of such youth is a violation of due process rights guaranteed under the Fourteenth Amendment.’) (emphasis in original); Inmates of Boys’ Training Sch. v. Affleck, 346 F. Supp. 1354, 1364 (D.R.I. 1972) (‘[D]ue process in the juvenile justice system requires that the post-adjudicative stage of institutionalization further this goal of rehabilitation.’).
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treatment services, Plaintiffs’ claims are subject to the liability standards of the Fourteenth
Amendment.
Under this standard, the subjective deliberate indifference test advanced by Defendants is
not the proper inquiry. In its applications of the Fourteenth Amendment to other nonpunitive
custodial settings, the U.S. Supreme Court has declined to adopt the subjective deliberate
indifference test, instead modifying the standard based upon the purpose of the confinement and
the corresponding duties owed to individuals in custody.38 Further, the Supreme Court has made
clear that constitutional standards must take into account the heightened protection owed to
adolescents.39 Thus, conditions of confinement that conflict with OJJ’s duty to provide Plaintiffs
with rehabilitation and individual treatment services—as required under the Louisiana
Constitution40—violate Plaintiffs’ Fourteenth Amendment rights even if they do not rise to the
level of cruel and unusual punishment under the Eighth Amendment.41
Defendants’ reliance on the Fifth Circuit’s holdings in Hare and Alderson to argue that the
appropriate standard is deliberate indifference is misplaced. First, those cases involved ‘episodic
38 See Youngberg, 457 U.S. at 323 (concluding that involuntarily committed mental health patients are entitled to greater protections than convicted prisoners and imposing liability under the Fourteenth Amendment when conditions amount to a ‘substantial departure from accepted professional judgment, practice, or standards’); see also Kingsley, 135 S. Ct. at 2473 (rejecting application of the subjective deliberate indifference standard to a pretrial detainee in the excessive force context). 39 See Roper v. Simmons, 543 U.S. 551 (2005) (holding the death penalty unconstitutional as applied to adolescents because, as a class, youth are less culpable, more impulsive, and more susceptible to change); see also Graham v. Florida, 560 U.S. 48 (2010) (holding certain life without parole sentences unconstitutional as applied to youth because of these same characteristic and noting that the distinctions are based not only in developmental research, but also in recent studies of the adolescent brain); JDB v. North Carolina, 564 U.S. 261 (2011) (requiring a more protective standard in the context of juvenile interrogations). 40 See supra, note 34. Additionally, because Louisiana law grants Plaintiffs a right to rehabilitative services, procedural due process guarantees that Plaintiffs cannot be deprived of such services absent notice and a hearing. Bd. of Regents, 408 U.S. at 577 (holding that where state law creates a ‘legitimate claim of entitlement,’ that entitlement is protected by procedural due process rights). 41 While some courts have held that children confined in juvenile justice facilities are protected by the Eighth Amendment in addition to the Fourteenth, the Fourteenth Amendment standard is ‘more protective,’ and its Due Process Clause ‘implicitly incorporates the cruel and unusual punishments clause standards as a constitutional minimum.’ Gary H., 831 F.2d at 1432.
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acts or omissions,’42 while this is a case about conditions of confinement.43 Second, this case is
about children in the juvenile justice system, not adults in jail, which, as described above,
necessitates a more protective standard.
Defendants’ reliance on Morales v. Turman in their attempt to reject a juvenile-specific
standard is similarly inapt. Morales concluded that the unconstitutional conditions in question
could be remedied under the Eighth Amendment and that there was therefore no need for the Court
to decide whether the Fourteenth Amendment standard also applied.44 Also, the decision predated
the Supreme Court’s holding in Youngberg that the Fourteenth Amendment standard applies to
questions regarding the conditions of confinement for people who are involuntarily committed for
non-punitive reasons,45 and the case arose out of Texas, where—unlike in Louisiana46—there was
no clear state law right to rehabilitation.47 Post-Youngberg, and given the non-punitive purpose of
the Louisiana juvenile justice system, one would expect the Fifth Circuit to join the majority of
Circuits Courts and protect Louisiana’s detained children under the Fourteenth Amendment.48
42 Hare v. City of Corinth, 74 F.3d 633, 643 (5th Cir. 1996) (en banc); Alderson v. Concordia Par. Corr. Facility, 848 F.3d 415, 419 (5th Cir. 2017). 43 Hare, 74 F.3d at 644 (‘Constitutional attacks on general conditions, practices, rules, or restrictions of pretrial confinement are referred to as jail condition cases.’). 44 Morales v. Turman, 562 F.2d 993, 998-99 (5th Cir. 1977). 45 Youngberg, 457 U.S. at 325. 46 See supra, note 34. 47 Morales, 562 F.2d at 999. 48 The Fifth Circuit cases interpreting the Supreme Court’s holding in DeShaney v. Winnebago C’nty Dept. Soc. Servs., 489 U.S. 189 (1989) also indicate that the Fourteenth Amendment is the proper standard. In DeShaney, the Supreme Court declined to recognize a constitutional duty to protect against harm caused by a private actor to a child who was not in state custody. Id. at 195-97. Nonetheless, the Court acknowledged that certain ‘special relationships’ created or assumed by the State with respect to particular individuals could give rise to an affirmative duty to provide adequate protection under the Fourteenth Amendment. Id. at 197-98. The Supreme Court identified incarceration and involuntary institutionalization as two circumstances when such a relationship—and corresponding duty to protect— exists, and the Fifth Circuit has explicitly ‘extended the special relationship exception to the placement of children in foster care.’ Doe v. Covington C’nty Sch. Dist., 675 F.3d 849, 856 (5th Cir. 2012) (en banc). Children in OJJ custody have been confined against their will and are wholly dependent upon the state for their basic needs, and thus are similarly entitled to care and protection under the substantive due process protections of the Fourteenth Amendment. See id. (‘[T]he state assumes a constitutional duty to care for children under state supervision because ‘the state’s duty to provide services stems from the limitation which the state has placed on the individual’s ability to act on his own behalf.’’ (quoting Griffith v. Johnston, 899 F.2d 1427, 1439 (5th Cir.1990)).
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B. OJJ’s COVID-19 Response Is Objectively Unreasonable and Has Rendered the Conditions of Confinement Unsafe and Punitive, Rather than Rehabilitative
Defendants concede that, at most, Plaintiffs’ claims regarding the conditions of their confinement are subject to a standard that asks whether OJJ’s COVID-19 policies are rationally related to legitimate governmental objectives.49 As described above, in cases about a state’s rehabilitative juvenile justice system, this means that policies must be rationally related to the rehabilitative goals of the system. Plaintiffs are entitled to relief because OJJ’s actions in response to the COVID-19 pandemic are objectively unreasonable under any standard—making children significantly less safe, and the conditions of their confinement more dangerous, by directly contradicting CDC and other professional guidance. OJJ’s restrictive and dangerous actions therefore serve no legitimate purpose and constitute punishment rather than rehabilitation.50
Refusing to release or furlough children serves no legitimate purpose and exposes children to an increased risk of infection and transmission.51 Defendants’ argument that they cannot use furlough because they cannot conduct home inspections is unconvincing. It does not account for the youth who have already been approved for furloughs prior to the pandemic, nor does it account for the possibility of alternative approaches to home visits that have been recognized around the country during the pandemic.52 OJJ has the power at least to reinstate its policy to recommend
49 See Defs.’ Opp’n to TRO at 22 n.19 (‘To the extent Plaintiffs are attempting to make a ‘conditions of confinement’ allegations, the liability test for such claims is whether ‘a particular condition or restriction of pretrial detention is reasonably related to a legitimate governmental objective.’’); see also Bell v. Wolfish, 441 U.S. 520, 539 (1979). 50 Bell, 441 U.S. at 539. 51 While Defendants claim that suspending the furlough program was an effort to reduce transfers, per CDC guidance, this argument is disingenuous, as many children have been transferred between OJJ facilities in the time since the furlough program was suspended. See, e.g., Decl. of N.H., Dkt. 1-4 at ¶ 3; Decl. of L.P., Dkt. 1-7 at ¶ 3; Decl. of B.B., Dkt. 1-8 at ¶ 3; Ex. 2, J.P. Decl. at ¶ 6; Ex. 6, D.W. Decl. at ¶ 3-4. 52 See, e.g., States Modify Home Visiting Services in Response to COVID-19, (April 2, 2020), available at https://www.zerotothree.org/resources/3315-states-modify-home-visiting-services-in-response-to-covid-19.
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youth for furlough,53 and Defendants’ affiant Shawn Herbert has admitted that ‘[i]n exceptional circumstances, an extended furlough can be recommended.’54 Releasing detained or incarcerated individuals is widely recognized as a necessary measure to reduce the number of people housed together in congregate environments, thus facilitating social distancing, reducing the strain on medical systems near such populations, and saving lives.55 According to Glenn Holt, former Deputy Assistant Secretary of OJJ, ‘OJJ already knows who is furlough-eligible because it is discussed at every quarterly staffing meeting. They also already know who is eligible for early release and could have put into place a process to file motions to modify using specific criteria (such as SAVRY, offense, programming, etc.). In a matter of days, they could have had a prioritized list and started transferring kids home to keep both kids and staff safer.’56 ‘There is no question that requiring children to remain detained in congregate care facilities is more dangerous than the travel required to release children to their homes.’57 And reducing the OJJ secure care

53 Defendants’ argument that OJJ does not have unilateral authority to release children is largely irrelevant. First,

furloughs alone would significantly decrease the strain on OJJ’s facilities. Although a furlough has to be approved by

a judge, OJJ is not even attempting to seek such approval. OJJ could, for example, put a child on furlough until his

release date 90 days in the future. The child would still be in OJJ custody and could easily be returned to the facility

if there were a problem, and if OJJ focused on children who are near release and could be furloughed until their

disposition terminates, there would be no need for the children to return to the facility afterward. Second, the consent

of district attorneys is not required for modification; they can object, but their affirmative authorization is not required,

and the possibility of objection does not prevent OJJ from seeking modification. See La. Ch.C. Art. 910 and 911.

Finally, Defendant Governor Edwards has the power to release individuals during a state of emergency under La. R.S.

§ 29:722. See Letters to Governor Edwards, Dkt. 1-11 at 7-8.

54 Herbert Decl., Dkt. 25-5 at 4, ¶ 17.

55

Responses

to

the

COVID-19

pandemic,

Prison

Policy

Initiative,

https://www.prisonpolicy.org/virus/virusresponse.html (last visited May 26, 2020) (‘Massachusetts jails in [certain]

counties have reduced their populations by around 20%. County jails in Colorado and Florida are reporting population

decreases by over 30% in the past few months. On May 19th, a federal judge ordered the federal Bureau of Prisons to

‘expedite the release’ of 837 people. . . . Since March 10th, the Cuyahoga County [Cleveland, Ohio] jail has released

about 900 people, reducing its population by more than 30%. . . . The Northwestern Regional Adult Detention Center

in Virginia has reduced the jail population by about 20% from the daily average of the past 5 years.’).

56 Ex. 7, Supp. Holt Decl. at ¶ 14.

57 Graves Decl., Dkt. 1-2 at ¶ 10; see also Ex. 8, Franco-Paredes Decl. at ¶ 25 (‘[A]llowing these young individuals to

reside with their parents or guardians would provide them with a safer living environment during this severe

pandemic.’); Ex. 3, Maraynes Decl. at ¶ 12 (‘If children were home with their parents, their parents would by definition

constantly monitor their child for symptoms.’).

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population would also help maintain the required staff-to-youth ratio in the facilities, avoiding the
need to bring in probation and parole officers, whose dangerous tactics have no place in OJJ’s
rehabilitative facilities. Defendants failed to release even those children they identified as having
‘underlying medical conditions at increased risk of contracting COVID-19’ due to unnamed ‘subsequent disciplinary incidents.’58 Defendants have proved themselves to be more concerned
with discipline and rigidly enforcing their policies than with adapting to save children’s lives.
Failing to administer COVID-19 tests to children living in a congregate environment,
where positive cases have already been confirmed, serves no legitimate purpose and unconscionably exposes children to an increased risk of infection and transmission,59 especially since new cases among OJJ staff have been confirmed as recently as May 26.60 Defendants admit
that ‘[t]he overwhelming majority of people who contract COVID-19 experience no symptoms of the disease or only mild symptoms’ and that ‘[t]his is especially true with younger populations.’61
COVID-19 patients can also present with lesser-known symptoms that will escape detection by simply screening for temperatures or coughs.62 Defendants claim that their practice of not testing
children who do not display specific symptoms is in line with CDC guidance, but that claim is
58 Defs.’ Opp’n to TRO at 8. 59 OJJ’s failure to test children creates an unconstitutional ‘increased risk of infection.’ Courts have deemed the first prong of the Eighth Amendment’s test—an objective element, like the Fourteenth Amendment test—satisfied where the plaintiff has identified a factor responsible for either increasing the risk of contraction or the severity of infection. See, e.g., Owens v. Trimble, No. 1:11-cv-01540-LJO-MJS (PC), 2012 U.S. Dist. LEXIS 73292, at *6 (E.D. Cal. May 24, 2012) (‘An increased risk of infection may rise to a serious medical need and satisfy the first prong of the Eighth Amendment analysis.’); see also Plata v. Brown, No. C01-1351 TEH, 2013 U.S. Dist. LEXIS 90669, at *37 n.10 (N.D. Cal. June 24, 2013) (finding that certain medically groups are at an increased risk of harm from Valley Fever infection and should therefore be excluded from certain prisons). 60 OJJ COVID-19 Information, La. Office of Juvenile Justice, https://ojj.la.gov/ojj-covid-19-information/ (last visited May 26, 2020) (listing 48 confirmed cases among staff); see also Ex. 8, Franco-Paredes Decl. at ¶ 20 (‘[W]hen viral tests are conducted among all or most of detainees, these outbreaks are in fact much more extensive.’). 61 Defs.’ Opp’n to TRO at 7. 62 Vassallo Decl., Dkt. 1-5 at ¶ 8; see also Ex. 3, Maraynes Decl. at ¶¶ 4, 9 (symptoms of COVID-19 and/or PIMS in children can also include rashes, conjunctivitis, red lips and tongue, gastrointestinal symptoms, chest pain, enlarged lymph nodes, low blood pressure, and rapid heart rate).
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based on a single CDC guidance document that has not been updated since March 23 and ignores more recent guidelines.63 As of May 3, over three weeks ago, the CDC had published guidelines for testing clarifying that, while people with symptoms are ‘high priority’ for testing, people without symptoms are also a priority when there has been ‘known exposure to an individual who has tested positive’ or ‘the occurrence of . . . transmission within a specific setting/facility.’64 The CDC further states, ‘Another population in which to prioritize testing of minimally symptomatic and even asymptomatic persons are long-term care facility residents, especially in facilities where one or more other residents have been diagnosed with symptomatic or asymptomatic COVID19.’65 This more up-to-date CDC guidance plainly indicates that OJJ’s secure care facilities, where the children are long-term residents and where other residents have been diagnosed with COVID19, are populations in which to prioritize testing of minimally symptomatic and asymptomatic persons. Indeed, recent instances of mass testing in Louisiana have revealed that many cases of COVID-19 among people who are incarcerated are asymptomatic.66 Without knowing how many children have the disease, OJJ cannot implement proper isolation protocol, contact tracing and
63 See CDC, ‘Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities’ (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/correctiondetention/guidancecorrectional-detention.html. 64 CDC, Evaluating and Testing Persons for Coronavirus Disease 2019 (COVID-19), https://www.cdc.gov/coronavirus/2019-nCoV/hcp/clinical-criteria.html (last visited May 26, 2020). 65 Id. (emphases added). 66 See, e.g., WDSU Digital Team, Majority of COVID-19 cases in Louisiana prisons that mass test are asymptomatic, WDSU NEWS (May 22, 2020), https://www.wdsu.com/article/majority-of-covid-19-cases-in-louisiana-prisons-thatmass-test-are-asymptomatic/32634504 (‘Louisiana’s prison system this week began ‘mass testing’ at a second state correctional facility. The results show two-thirds of inmates who contracted COVID-19 between two prison facilities the agency considers ‘hot spots’ tested positive without showing symptoms.’); Janet McConnaughey, Most women in 1 Louisiana prison dorm have COVID-19, ASSOCIATED PRESS (May 6, 2020) https://apnews.com/f31d0a19272193a0f461eb96e5c3d23d (155 incarcerated women who displayed no symptoms were tested at Elayn Hunt Correctional Center, and an incredible 117—over 75%—tested positive.).
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containment, or appropriate medical monitoring.67 For these reasons, in part, federal courts are
recognizing the importance of mass testing in prisons.68
Using a Behavioral Intervention (‘BI’) Room as a medical isolation room also serves no
legitimate purpose and unnecessarily exposes children to serious trauma. These rooms are not
designed to house sick or recovering children for days at a time; they are ‘only intended to be used
for very short periods of time for children whose behavior is out of control and pose an imminent
harm to others.’69 Using BI Rooms for medical isolation is equivalent to using solitary confinement
for medical isolation, a widely-condemned practice.70 When Plaintiff-Petitioner I.B. was put in a
BI Room after he tested positive for COVID-19, he reported that it was dirty and had no air
conditioning.71 He had no access to running water for two or three days, was unable to bathe or
brush his teeth during that time, and received no medical attention.72 As Glenn Holt states, ‘There
67 Ex. 3, Maraynes Decl. at ¶ 10 (‘Once a child starts demonstrating symptoms of shock, the current guidelines would be to get three fluid boluses and antibiotics into the patient within the first hour.’). 68 See, e.g., United States v. Pabon, No. 17-165-1, 2020 U.S. Dist. LEXIS 78245, at *9 (E.D. Pa. May 4, 2020) (‘Correctional facilities that have made the decision to undertake mass testing have discovered dramatically higher numbers of infected inmates than previously imagined. . . . Without mass testing . . . the Court may be getting a false picture.’); see also United States v. Salley, No. 19-688, 2020 U.S. Dist. LEXIS 87373, at *17-18 (E.D. Pa. Apr. 28, 2020) (‘Mass testing recently undertaken in state jails and prisons reveals the rapid and insidious spread of COVID19, particularly among asymptomatic incarcerated people.’); United States v. Mattingley, No. 6:15-cr-00005, 2020 U.S. Dist. LEXIS 85935, at *9 n.6 (W.D. Va. May 14, 2020) (‘[T]he Court [cannot] ignore evidence tending to show that testing may be insufficient in many BOP facilities, either to provide an accurate representation of current cases or to ensure inmate safety in the event of an outbreak.’); Wilson v. Williams, No. 4:20-cv-00794, 2020 U.S. Dist. LEXIS 87607, at *3 (N.D. Ohio May 19, 2020) (noting ‘the obvious need for rapid implementation of mass testing’); Barbecho v. Decker, No. 20-cv-2821 (AJN), 2020 U.S. Dist. LEXIS 86350, at *15 (S.D.N.Y. May 15, 2020) (‘[P]risons conducting aggressive testing are finding that infection is spreading quickly.’) (internal quotation marks omitted). 69 Ex. 7, Supp. Holt Decl. at ¶ 19 (‘OJJ policy requires they be removed from these cells as soon as their behavior no longer poses a threat to others.’). 70 See generally David Cloud, Dallas Augustine, Cyrus Ahalt, & Brie Williams, AMEND, The Ethical Use of Medical Isolation – Not Solitary Confinement – to Reduce COVID-19 Transmission in Correctional Settings (Apr. 9, 2020), available at https://amend.us/wp-content/uploads/2020/04/Medical-Isolation-vs-Solitary_Amend.pdf. 71 A.B. Decl., Dkt. 1-10 at ¶ 8 (‘After my son tested positive for COVID-19, they put him in a dirty room at Cypress with no air conditioning. He was in there without water for 2-3 days. There were other children with him who had tested positive for COVID.’); see also Holt Decl., Dkt. 1-9 at ¶ 13 (‘The Cypress disciplinary wing at the Swanson Center for Youth at Monroe was shut down in 2005 and turned into a short-term crisis intervention unit. They are currently using it for suicide watch as well as reconstituted it as disciplinary lockdown unit.’). 72 A.B. Decl., Dkt. 1-10 at ¶¶ 8, 9, 11.
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is no reason that [OJJ] should be putting any children in the BI cells. Those cells are punitive and problematic for children’s mental well-being (especially if used for prolonged periods of time). . . . The BI cells should not be part of any medical isolation plan, particularly for kids who are recovering from COVID-19.’73 Defendants’ Opposition does not address the relief Plaintiffs seek regarding the use of BI Rooms for medical isolation. That silence speaks volumes.
While structured education and rehabilitative programming must be adapted to the pandemic, the severe restrictions Defendants put in place serve no legitimate purpose and prevent rehabilitation, the sole purpose of OJJ custody.74 Defendants admit that children are confined to their dorms ‘at all times.’75 Defendants’ vague references to ‘worksheets,’ ‘online assignments,’ and ‘access to . . . software’ are hardly evidence of adequate programming.76 Rehabilitation services are meant to be individualized, with progressive goals and benchmarks.77 While it is true that education systems everywhere are being forced to adapt, programming takes on a heightened level of importance when children are trapped in their dorms with nothing to occupy their time. Moreover, the express purpose of Plaintiffs’ confinement is rehabilitation; therefore, in light of

73 Ex. 7, Supp. Holt Decl. at ¶ 19. OJJ has estimated that approximately 44% of children in secure care have serious

mental illness. Oversight of Rehabilitation and Treatment in Secure Care Facilities, Office of Juvenile Justice (June

13,

2018),

https://www.lla.la.gov/PublicReports.nsf/64DF5EBB49AE4404862582A40078718D/

$FILE/000194C2.pdf.

74 ‘Rehabilitation requires meeting the needs of kids identified in their individual assessments to the best of your

ability.’ Ex. 7, Supp. Holt Decl. at ¶ 16.

75 Defs.’ Opp’n to TRO at 10.

76 Id. at 28.

77 OJJ employs the ‘LA MOD’ program for every child in its custody, which focuses on individualized services and

goal-setting, group and circle work, and family involvement. There are four progressive levels that a child can achieve

through the program, most of which depend on group development. OJJ has provided no evidence that any child has

been able to move up in levels since the lockdowns began two months ago, which is evidence that the current

programming is insufficient to constitute rehabilitation. YS Policy No. B.2.7, available at https://ojj.la.gov/wp-

content/uploads/2017/09/A.2.7-1.pdf. Even before the pandemic, OJJ had been critiqued by the Louisiana Legislative

Auditor for, among other things (1) not having a formalized, evidence-based curriculum and not offering an array of

evidence-based programs for the approximately 65% of children housed in general population dorms, and (2) not

consistently documenting group therapy sessions and not collecting program participation and completion data for

children in specialized treatment programs or vocational programs. Oversight of Rehabilitation and Treatment in

Secure Care Facilities, Office of Juvenile Justice (June 13, 2018),

https://www.lla.la.gov/PublicReports.nsf/64DF5EBB49AE4404862582A40078718D/ $FILE/000194C2.pdf.

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Defendants’ concession that rehabilitative services are currently necessarily limited, there is no
justification for Plaintiffs’ continued detention.
In short, none of the OJJ actions targeted by Plaintiffs’ TRO request are rationally related
to legitimate governmental purposes;78 all frustrate the governmental objectives of health, safety,
and pandemic control by exposing children to increased and unnecessary risks of harm and trauma.
C. Even under the Eighth Amendment Standard, Defendants Are Violating Plaintiff-Petitioners’ Rights Because the Subjective Element of the Deliberate Indifference Test Is Satisfied
Even under the Eighth Amendment standard, which requires an additional element of
subjective intent, the evidence demonstrates that Defendants are violating Plaintiffs’ constitutional
rights because they are—and have been—aware that they are creating unsafe conditions and have
failed to remedy those defects.79 The Eighth Amendment standard for children is more protective
than the standard for adults.80 Conditions may amount to an unconstitutional risk of harm for youth
when they would be constitutional for adults; similarly, Defendants have an obligation to be aware
of risks to youth when they would have no such obligation for adults. The dire risks of COVID-
19, and the recommended means of mitigating those risks, are ‘obvious,’81 and there is now a high
78 Pepper spraying children also serves no legitimate purpose, exposes children to serious physical harm, and inflicts unnecessary trauma. Defendants incorrectly assert that the April 27 memorandum from Interim Deputy Secretary Bickham ‘prohibited the carrying of chemical/pepper spray within OJJ’s secure care facilities.’ Defs.’ Opp’n to TRO at 13. The memorandum expressly carves out an exception to the prohibition: ‘unless given specific directives from the Regional Director for a specific incident.’ Memorandum from E. Dustin Bickham to OJJ Staff (Apr. 27, 2020), Dkt. 7-4. ‘[E]xposure even to minimal concentrations [of pepper spray]. . . would predispose [children] to nasopharyngeal mucosa irritation that could facilitate novel coronavirus infection and . . . may lead to more severe clinical manifestations of COVID-19.’ Ex. 8, Franco-Paredes Decl. at ¶ 23. 79 See Farmer v. Brennan, 511 U.S. 825, 828 (1994); see also, e.g., Braggs v. Dunn, 257 F. Supp. 3d 1171, 1250 (M.D. Ala. 2017) (‘To establish deliberate indifference, plaintiffs must show that defendants had subjective knowledge of the harm or risk of harm, and disregarded it or failed to act reasonably to alleviate it.’). 80 See See Roper v. Simmons, 543 U.S. 551 (2005) (holding the death penalty violates the Eighth Amendment for children even though it is constitutional for adults because, as a class, youth are less culpable, more impulsive, and more susceptible to change); Graham v. Florida, 560 U.S. 48 (2010) (holding certain life without parole sentences unconstitutional as applied to youth even when constitutional for adults for the same reasons). 81 ‘[A] factfinder may conclude that a prison official knew of a substantial risk from the very fact that the risk was obvious.’ Gates v. Cook, 376 F.3d 323, 333 (5th Cir. 2004); see also Cameron v. Bouchard, 20-cv-10949, Dkt. 93 at 51 (E.D. Mich. May 21, 2020) (finding that the subjective component of deliberate indifference was satisfied because
15

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level of public awareness that patients can be asymptomatic and that mass testing is necessary to
fully identify the prevalence of infection, particularly after an outbreak has been identified in a
congregate care setting.82 Moreover, Defendants have expressly been put on notice that their
response is both inadequate and dangerous. Advocates sent letters to Governor Edwards regarding
the prevention and management of COVID-19 in OJJ’s secure care facilities—he never responded,
and none of those recommendations have been implemented.83 Additionally, parents have been
contacting Defendants frequently with desperate concerns about their children’s well-being.84
Moreover, ‘correctional officials have an affirmative obligation to protect inmates from
infectious disease.’85 The Fifth Circuit has repeatedly recognized that, even in normal times,
unreasonably subjecting detained people to infectious disease constitutes deliberate indifference.86
The evidence indisputably establishes that Defendants’ COVID-19 response is egregiously
unsound and poses increasingly grave, unconstitutional dangers to the children in OJJ custody.
IV. Plaintiffs Will Suffer Irreparable Injury Absent Emergency Relief
Defendants’ argument that Plaintiffs are not suffering irreparable harm ignores the most
relevant case law. In the context of infectious disease, it would not matter, for the purposes of
‘the danger COVID-19 poses . . . is practically common knowledge. . . . the CDC’s guidance on how to curb the spread of coronavirus . . . has been the topic of extensive national and local media coverage. . . . [and] Defendants took an immediate and proactive response to the COVID-19 pandemic to curb an outbreak’). 82 See supra, note 68. 83 See Letters to Governor Edwards, Dkt. 1-11. 84 See, e.g., A.B. Decl., Dkt. 1-10 at ¶ 6 (‘[I] told [my son’s case worker’s supervisor] that I was worried that my son was in danger. . . . I told him I was worried that the boy who used the phone after my son had gotten the virus from him. . . . I told him they should test everybody in the facility.’). 85 Jolly v. Coughlin, 76 F.3d 468, 477 (2d Cir. 1996). 86 See, e.g., Gomez v. Warner, 39 F.3d 320 (5th Cir. 1994) (per curiam) (prisoner alleged deliberate indifference by prison officials where the prison’s razor-swapping program created the mere ‘risk’ of ‘possible spread’ in the transmission of deadly ‘infectious diseases such as HIV, AIDS, and hepatitis.’); Johnson v. Epps, 479 F. App’x 583, 589-92 (5th Cir. 2012) (allegations that inmate 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’).
16

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irreparable harm, if not a single child in OJJ custody had yet contracted COVID-19. The Eighth Amendment ‘require[s] a remedy’ where jailors knowingly expose their charges to a risk of contracting serious infectious diseases, even if ‘it was not alleged that the likely harm would occur immediately and even though the possible infection might not affect all of those exposed.’87 Here, 28 children have already tested positive, and it is highly likely that many more are asymptomatic.
Additionally, independent of the health risks of COVID-19, every day that children are confined in OJJ custody without sufficient programming to provide rehabilitative services contravenes the purpose of their detention and violates their Fourteenth Amendment rights. V. Defendants Will Not Be Harmed by the Relief Sought, and the Public Interest Will Be
Served Despite Defendants’ suggestions to the contrary, the requested relief would actually lessen the burden on OJJ and better protect its staff. Furloughs or releases would mean fewer children to care for, which would help maintain an appropriate staff ratio without an over-reliance on probation and parole officers who are not appropriately trained to work with children in OJJ facilities. Providing appropriate structured programming would also not overly burden Defendants. Other juvenile justice facilities have adapted their curricula to a virtual setting,88 just as schools and universities in the outside community have been forced to do. Finally, OJJ already has as many as 150 COVID-19 tests and would not be unduly burdened by administrating those tests to children—or by requesting additional tests. Identifying all positive cases among the children would allow the facilities to implement appropriate releases, isolations, and quarantines and reduce the risk of transmission to other children and to staff. OJJ cannot simply ignore the
87 Helling v. McKinney, 509 U.S. 25, 33 (1993). 88 See, e.g., Ex. 7, Supp. Holt Decl. at ¶ 8 (‘During this pandemic, we are able to maintain educational services in Arkansas because we use online schooling called Virtual Arkansas. This allows the children to continue to receive individualized educational services and allows those who are on-track to continue to progress timely towards getting their high school diploma or GED, while maintaining social distancing.’).
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possibility of rampant infection by refusing to test in order to keep the number of confirmed cases

artificially low. This reckless tactic audaciously contravenes the public interest.

Moreover, as Defendants acknowledge, ‘[t]he first two [TRO] factors are most critical.’89

Because Plaintiffs are likely to succeed on the merits and suffering irreparable, ongoing injury that

threatens their lives, emergency relief is warranted.

CONCLUSION

For all these reasons, Plaintiffs respectfully request that this Court grant their motion for

temporary restraining order.90

Respectfully submitted this 27th day of May, 2020.

/s/ Mercedes Montagnes

Mercedes Montagnes, La. Bar No. 33287 Nishi Kumar, La. Bar No. 37415 Rebecca Ramaswamy** The Promise of Justice Initiative 1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529-5955 Facsimile: (504) 595-8006 Email: mmontagnes@defendla.org

Marsha Levick, pro hac vice Jessica Feierman* Karen U. Lindell* JUVENILE LAW CENTER 1800 JFK Boulevard, Suite 1900A Philadelphia, PA 19103 Telephone: (215) 625-0551 Email: mlevick@jlc.com

Stuart Sarnoff, pro hac vice Lisa Pensabene** Laura Aronsson, pro hac vice Mariam Kamran, pro hac vice O’MELVENY & MYERS LLP Times Square Tower 7 Times Square New York, NY 10036 Telephone: (212) 326-2000 Email: ssarnoff@omm.com

Brandon Amash, pro hac vice O’MELVENY & MYERS LLP 610 Newport Center Drive 17th Floor Newport Beach, CA 92660 Telephone: (949) 823-6900 Email: bamash@omm.com

John Adcock

Benjamin Singer, pro hac vice

89 Defs.’ Opp’n to TRO at 14 (citing Barber v. Bryant, 833 F.3d 510, 511 (5th Cir. 2016)). 90 If the Court believes that the factual findings and recommendations of an epidemiology expert with extensive experience evaluating correctional facilities stricken by COVID-19 would be helpful, Dr. Franco-Paredes is available and willing to do a site inspection of any or all of the OJJ facilities. Ex. 8, Franco-Paredes Decl. at ¶ 26.
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La. Bar No. 30372 Adcock Law LLC 3110 Canal Street New Orleans, LA 70119 Telephone: (504) 233-3125 Email: jnadcock@gmail.com
David Lash, pro hac vice O’MELVENY & MYERS LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071 Telephone: 213-430-6000 Email: dlash@omm.com
Attorneys for Plaintiffs
*Pro hac vice pending **Pro hac vice to be submitted

Jason Yan, pro hac vice O’MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Telephone: (202) 383-5300 Email: bsinger@omm.com

19

Case 3:20-cv-00293-JWD-EWD Document 31 05/27/20 Page 21 of 21 CERTIFICATE OF SERVICE
I, Nishi Kumar, an attorney, hereby certify that on May 27, 2020, I caused a copy of the foregoing to be filed using the Court’s CM/ECF system.
I further certify that I, or another one of Plaintiffs’ attorneys, will promptly electronically serve a copy of the same, along with all other pleadings and papers filed in the action to date to the General Counsel for the Louisiana Office of Juvenile Justice, the General Counsel for the Louisiana Governor, and the Louisiana Department of Justice Director of Litigation via email.
/s/ Nishi Kumar Nishi Kumar, La. Bar No. 37415
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Chronic Care as of May 22, 2020

Name
N.D. T.F.
E.D. J.M. Z.J.
D.F.
T.B.
J.M. E.M. N.B. J.B. A.W. J.L.
E.A.
J.W. D.S. J.T.

Jets

Problem
Hemophilia
IgA Nephropathy/ Hypertension Asthma Seizure
Seizure

Site
SCY ‐Columbia SCY ‐Columbia
SCY ‐Columbia SCY ‐Columbia SCY ‐Columbia

GI resection post Gun Shot Wound Seizure

SCY ‐Monroe SCY ‐Monroe

Asthma Asthma Hypertension Diabetes Hypothyroid Lupus

BRDGE CITY BRDGE CITY BRDGE CITY BRDGE CITY BRDGE CITY BRDGE CITY

Asthma

ACY

Asthma

ACY

Asthma

ACY

Hypertension

ACY

REDACTED DOCUMENT

Case 3:20-cv-00293-JWD-EWD Document 31-2 05/27/20 Page 1 of 4
DECLARATION OF J.P. I, J.P., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My initials are J.P. 2. I am at least 18 years of age and am competent to make this declaration. 3. My son D.M. is being held at Swanson Center for Youth in Monroe, LA. His release date is
October 14, 2020. He is trusted within the facility and helps do a lot of yard work around Swanson and outside the facility. 4. My son is furlough-eligible and has previously come home on furlough many times since March of 2019. He was home on furlough in January, February, and March. We normally do furloughs as often as we can. In March, he was home on furlough from March 12 to 17 but OJJ made him go back to Swanson early on March 16 because of the pandemic. When he went back to Swanson, all they did was take his temperature. I was planning on asking for furloughs over the next three months before COVID-19. It is my understanding furloughs have been suspended by OJJ indefinitely. 5. My son is in a dorm with at least eight other children. None of them have been tested for COVID-19 that my son is aware of, even though there are other people in the facility – staff and children – who tested positive for COVID-19. There was at least one child in his dorm with a fever that was never tested for COVID-19 and was not removed from the dorm. The distance between the beds in the dorms is unchanged. The children are not able to practice social distancing and are not being told not to interact with each other or staff. My son has had one mask during this whole pandemic, but has not been told to wear it. He wore it during his Zoom court hearing on early May and has not put it back on since. He doesn’t have a mask on when I do Zoom conference calls with him. He has small amounts of hand

Case 3:20-cv-00293-JWD-EWD Document 31-2 05/27/20 Page 2 of 4
sanitizer but it does not have any alcohol in it so it is not a disinfectant. They just recently started disinfecting objects a few times a day. 6. Swanson is extremely understaffed and this week they moved some children from other facilities to Swanson, including children who tested positive COVID-19 positive at Swanson Columbia. Those children were put in Holly dorm and housed there. My son saw at least one child who was very sick. Staff is working 18-hour days and they are not receiving any overtime. 7. I have called OJJ to try to get information on my son and what policies they have around COVID-19 and was told by someone at Swanson that they could not release any information to me. I also sent Shawn Herbert, the director of Swanson Monroe, a letter, which she never responded to. I sent that letter after children were moved to Swanson from Bridge City. I was worried about my son’s health and wellbeing. I spoke to the regional director about my concerns. 8. My son is not provided with any educational services or other programming, including trade programming. He was previously doing welding training and taking a college course online. Children in his dorm were going through the JUMP program that is required by most judges and they are no longer able to participate in that program. His dorm is regularly not permitted outside for 4 to 5 days at a time. Now when they go anywhere, it is to a dirty, poorly ventilated gym that is not cleaned between different dorms using it and has no air flow. I am worried about the risk of infection. Children from Bridge City and some of the children who tested positive were put into solitary confinement in Cypress. My son does not want to get sick and have to be housed there. 9. I have not been able to visit my son since he went back to Swanson on March 16. Normally I visit him on both Saturdays and Sundays every week. My husband and I spend the night in

Case 3:20-cv-00293-JWD-EWD Document 31-2 05/27/20 Page 3 of 4
Monroe every weekend so that we are able to visit with him both days. I have had some Zoom calls. My son had a Zoom court date in early May but otherwise has not had access to his attorney. He tried to call the attorneys litigating this case on May 19, 2020, and was not allowed to do so because of OJJ restrictions on who he is allowed to call on the phone. 10. I would like my son to come home on furlough until all COVID-19 is absent from the facility and everyone has been tested and there is a vaccine. There is no reason for him to be detained right now. He is not receiving any rehabilitative services. He was a mentor to a lot of children through the Kiros Torch program and that has been suspended indefinitely. That program makes a big difference in the children’s lives. There is no Bible study or church services. It is very important to my husband and I that our son is able to practice his religion. My ability to parent him is being impeded by the fact that he is in a facility and away from me. He has a safe home to come home to. 11. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them information in support of this lawsuit. I have responded and will continue to respond to the lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of the family members of other individuals detained in Louisiana as long as I am a named plaintiff. 12. I seek only declaratory and injunctive relief on behalf of the class. I am not seeking monetary damages, and I understand this this civil case will not result in the dismissal of any criminal proceedings against my son or others.

Case 3:20-cv-00293-JWD-EWD Document 31-2 05/27/20 Page 4 of 4
13. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so.
14. This declaration was read to me in English and I was able to make changes and corrections.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature:
/s/ Nishi Kumar Nishi Kumar on behalf of J.P. May 20, 2020
I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant J.P. Out of necessity in light of the COVID-19 pandemic, I signed
the attached declaration on her behalf with her express consent. 3. I spoke with J.P. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 20, 2020 in New Orleans, Louisiana.
Signature:
/s/ Nishi Kumar Nishi Kumar May 20, 2020

Case 3:20-cv-00293-JWD-EWD Document 31-3 05/27/20 Page 1 of 4
DECLARATION OF DR. MEGAN MARAYNES CONCERNING THE RISK OF COVID-19 IN THE OFFICE OF JUVENILE JUSTICE’S SECURE FACILITIES
I, Dr. Megan Maraynes, declare as follows:
1. I completed my Bachelor of Science at Cornell University, and earned my medical degree from St. Georges University in Grenada. I completed my internship and residency in Pediatrics at Jacobi Medical Center / Albert Einstein College of Medicine in the Bronx, New York, and my fellowship in Pediatric Emergency Medicine at Kings County Hospital Center / SUNY Downstate College of Medicine in Brooklyn, New York, where I served as Chief Education Fellow. I have worked in a Louisiana pediatric emergency room during the course of COVID19 and have observed and treated COVID-19 patients during this time.
2. COVID-19 is the disease associated with the novel coronavirus, SARS-CoV-2. The virus causes upper respiratory tract illness, and it emerged in Wuhan, China, in December 2019.1 As of 8:32 AM CST on May 26, 2020, there are over 5.5 million cases worldwide, and nearly 350 thousand deaths.2 In the United States, there are over 1.6 million cases, and nearly 100,000 deaths.3 Of these totals, Louisiana accounts for nearly 38,000 cases, and 2,500 deaths.4 These numbers are still rising.
3. The novel coronavirus is extremely contagious. One study based on the virus’s replication in China found that the average case will likely infect between 3.8 to 8.9 others, with the median reproduction number being 5.7.5 This is based on a traveling population in China before physical distancing standards were put into effect, but the contagiousness of the virus raises serious concerns about those living in congregate settings who are incapable of physical distancing and practicing CDC-recommended hygienic and protective measures.
4. The CDC lists the following as COVID-19 symptoms in children: Fever, cough, nasal congestion, sore throat, shortness of breath, fatigue, muscle or body aches, headache, poor appetite, nausea or vomiting, and diarrhea.6 However, this is not an exhaustive list of all the symptoms a COVID-19 patient may present. I have observed that some COVID-19 patients experience none of these symptoms, while others test positive while presenting symptoms such as chest pain or abdominal pain.
1 National Institute of Allergy and Infectious Disease (NIAID), Coronaviruses (May 19, 2020), https://www.niaid.nih.gov/diseases-conditions/coronaviruses 2 Johns Hopkins University, COVID-19 Dashboard (May 26, 2020), https://coronavirus.jhu.edu/map.html 3 Johns Hopkins University, COVID-19 Dashboard (May 26, 2020), https://coronavirus.jhu.edu/map.html 4 Louisiana Department of Health, Louisiana Coronavirus (COVID-19) Information (May 25, 2020), http://ldh.la.gov/coronavirus/ 5 Steven Sanche et al., High Contagiousness and Rapid Spread of Severe Acute Respiratory Syndrome Coronavirus 2, Emerging Infectious Diseases (April 7, 2020), https://wwwnc.cdc.gov/eid/article/26/7/20-0282_article 6 CDC, Information for Pediatric Healthcare Providers on COVID-19 (May 20, 2020), https://www.cdc.gov/coronavirus/2019-ncov/hcp/pediatric-hcp.html
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Case 3:20-cv-00293-JWD-EWD Document 31-3 05/27/20 Page 2 of 4
5. In my experience in the pediatric emergency department, we have approached the problem with a public health focus. Ever since the scarcity of testing stopped being a limiting factor for us, we have had a very low threshold for testing because of the variety—and sometimes total lack—of symptoms. We have screened anyone with any possible symptom in the emergency department. Anyone getting admitted to the hospital for a planned elective procedure is tested. Anyone getting admitted for an unplanned procedure, such as treatment for a broken leg, is also tested.
6. Many have thought kids and adolescents to be mere vectors of the novel coronavirus— asymptomatic carriers who pose a threat to others, but who may not feel the effects of the virus themselves. This is not necessarily true. One study found that only 13% of pediatric cases presented no symptoms.7 This figure may underrepresent the true proportion of cases where no symptoms accompany the virus’ presence because asymptomatic carriers are less frequently tested than their counterparts who present symptoms, and consequently seek treatment.
7. The focus on children as asymptomatic carriers also overlooks the risk to kids with underlying illness, immune-deficiency, or obesity who are at risk for having a more severe COVID course. Although the risk overall of a child developing a severe case of COVID-19 is relatively low, it is a risk that should be taken seriously. A study out of the Montefiore Children’s Hospital found that 28% of pediatric cases required intensive care.8
8. There is also the risk that children who contract COVID-19 will develop pediatric inflammatory multisystem syndrome (PIMS, elsewhere referred to as MIS-C—multisystem inflammatory syndrome in children). The World Health Organization (WHO) has characterized it as an “acute illness accompanied by a hyperinflammatory syndrome, leading to multiorgan failure and shock.”9 Cases have been reported in the United States, Italy, France, Switzerland, and the United Kingdom.10 The CDC has issued an emergency alert regarding
7 Yuanyuan Dong et al., Epidemiological Characteristics of 2143 Pediatric Patients With 2019 Coronavirus Disease in China, Pediatrics (May 1, 2020). https://pediatrics.aappublications.org/content/early/2020/03/16/peds.2020-0702.1 8 Jerry Y. Chao et al., Clinical Characteristics and Outcomes of Hospitalized and Critically Ill Children and Adolescents with Coronavirus Disease 2019 (COVID-19) at a Tertiary Care Medical Center in New York City, The Journal of Pediatrics (May 6, 2020), https://doi.org/10.1016/j.jpeds.2020.05.006 9 World Health Organization, Scientific Brief: Multisystem inflammatory syndrome in children and adolescents temporally related to COVID-19 (May 15, 2020), https://www.who.int/newsroom/commentaries/detail/multisystem-inflammatory-syndrome-in-children-and-adolescents-withcovid-19. 10 T.R. Hennon et al., COVID-19 associated Multisystem Inflammatory Syndrome in Children (MISC) guidelines; a Western New York approach, Progress in Pediatric Cardiology (2020), https://doi.org/10.1016/j.ppedcard.2020.101232
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the syndrome.11 My emergency department has seen six or seven children presenting with PIMS, in addition to the eleven who have presented at Children’s Hospital in New Orleans.12
9. The symptoms are multisystem, so the clinical diagnostic criteria checks for fever, conjunctivitis, red lips, gastrointestinal symptoms, red lips, and red tongue, low blood pressure, and/or rapid heart rate. Otherwise, it shows up as non-specific symptoms and could be confused with a host of other things, including allergies. The only smart way to discern allergy symptoms from COVID-19 or PIMS is to test the patient for the COVID antigen (in the case of acute infection), COVID antibodies (to indicate previous infection), or lab findings characteristic of PIM-S. Anyone with any symptom could be coming down with COVID-19 or PIMS, so we truly do not know who is at risk of developing this dangerous illness.
10. These patients we have seen have needed a broad array of cardiology and critical care services such as lab work to check inflammatory markers, fluid resuscitation, antibiotics, and vasopressor support if they face heart failure. Treatment for this syndrome is very similar to treatment for shock. Once a child starts demonstrating symptoms of shock, the current guidelines would be to get three fluid boluses and antibiotics into the patient within the first hour.13 It is impossible at this point to say whether a symptom like a rash will progress to shock within a few hours or a few days. Speedy access to treatment, on the other hand, is absolutely imperative.
11. Moreover, asymptomatic children are not necessarily free from harm from PIMS. What we are seeing right now with PIMS is scary because it is clear that it is related to, and associated with, COVID-19. From my experience, a lot of the kids presenting PIMS test negative for COVID-19 initially but test positive for the antibody—indicating that a lot of them were asymptomatic carriers and are no longer shedding the virus. This means that there are seemingly healthy kids who could be at great risk of developing PIMS.
12. Given what little we know about PIMS, supervision of previously symptomatic pediatric patients for symptoms should extend after the three symptom-free day window currently recommended by the CDC.14 It may be possible that a child could develop PIMS after appearing to be in the clear. If children were home with their parents, their parents would by
11 T.R. Hennon et al., COVID-19 associated Multisystem Inflammatory Syndrome in Children (MISC) guidelines; a Western New York approach, Progress in Pediatric Cardiology (2020), https://doi.org/10.1016/j.ppedcard.2020.101232 12 Emily Woodruff, There are 11 Louisiana cases of the pediatric inflammatory condition that's linked to coronavirus, NOLA.com (May 22, 2020), https://www.nola.com/news/coronavirus/article_cc495d86-9c55-11ea-bf78-87380aa2aa98.html 13 Jenny Mendelson, Emergency Department Management of Pediatric Shock, Emergency Medicine Clinics of North America (May 5, 2018), https://doi.org/10.1016/j.emc.2017.12.010. The guidelines provide that “[f]luid administration in shock should be as rapid as possible,” and to “administer broadspectrum antibiotics within the first hour of presentation.” 14 CDC, Decision Memo: Symptom-Based Strategy to Discontinue Isolation for Persons with COVID-19 (May 3, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/strategydiscontinue-isolation.html
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Case 3:20-cv-00293-JWD-EWD Document 31-3 05/27/20 Page 4 of 4
definition constantly monitor their child for symptoms. Any kid who has any possible PIMS symptoms should be monitored closely and tested appropriately. 13. I believe that OJJ’s response to the pandemic does not follow best public health practices, and it endangers not only the children, but also staff and their families. Some children who tested positive or were suspected to have COVID-19 were originally brought from the Bridge City facility to our hospital in late March – one or two with mild respiratory symptoms and others with fevers and coughs. One of the doctors spoke to Ms. Matthews at Bridge City at that time and it sounded like they had no idea what to do with those kids and other kids who may have been exposed. We provided discharge instructions on how to properly medically isolate them but do not know if those were followed. 14. The juvenile justice setting is rife with opportunities of infection and spread. Cohorting children together may protect them from infection so long as testing is conducted before such cohorting happens. It makes no sense to cohort before or without testing, because an undetected infection can lead to many more very easily. Furthermore, these are not closed facilities: staff can bring the novel coronavirus into the facility and/or bring it home to their families and communities. 15. The infirmary in juvenile justice facilities may also provide opportunities for spread. It is likely that children will need the infirmary for non-COVID-19 related reasons. Children’s presence in the infirmary puts them at risk of infection, and the reports that children are often asymptomatic carriers suggest that without testing, the children could put the infirmary staff at risk of infection, too. 16. For the OJJ to mitigate the spread of the coronavirus among Louisiana’s incarcerated children are, I would recommend that they, at the very least, closely monitor ALL children and adolescents with ANY symptomatology, and liberally test all patients residing in these facilities for COVID, and implement cohorts based on these test results.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Executed on May 26, 2020 in New Orleans, LA.
/s/ Megan Maraynes Megan Maraynes
4

Case 3:20-cv-00293-JWD-EWD Document 31-4 05/27/20 Page 1 of 1
DECLARATION OF NISHI KUMAR
I, NISHI KUMAR, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I represent the parents of I.B., a minor child. 2. I called Swanson Center for Youth at Monroe on May 8, 2020, in order to figure out who to
send a Third-Party emergency grievance to via email. Staff at Swanson provided me with Ms. Herbert’s email address. 3. I filed a Third-Party emergency grievance on behalf of I.B. on May 8, 2020 at 4:40 pm. I requested that the facility director, Shawn Herbert, or an appropriate party initially respond within 48 hours and respond within 5 days per OJJ’s Administrative Remedy Procedure Act B.5.3. 4. I represent the parent of J.H., a minor child. 5. I called both Bridge City Center for Youth and Acadiana Center for Youth on May 9, 2020, in order to figure out who to send a Third-Party emergency grievance to via email. Staff at Acadiana provided me with Mr. Wood’s email address. Staff at Bridge City told me they could not release that information over the phone. 6. I filed Third-Party emergency grievances on behalf of J.H. on May 9, 2020 at 5:34 pm and 5:37 pm. I requested that James Wood, Yamena Thompson, and Shannon Matthews, or an appropriate party respond initially within 48 hours and respond within 5 days per OJJ’s Administrative Remedy Procedure Act B.5.3. 7. I received no acknowledgment of the abovementioned filings from OJJ or any other Defendants.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature
/s/ Nishi Kumar
Nishi Kumar
May 27, 2020

Case 3:20-cv-00293-JWD-EWD Document 31-5 05/27/20 Page 1 of 7

Nishi Kumar
From: Sent: To: Subject: Attachments:

Nishi Kumar

Saturday, May 9, 2020 5:37 PM

jameswood@la.gov

Emergency ARP on behalf of J.H.

Emergency ARP on behalf of J.H.

.pdf

Mr. Wood,

Attached please find an Third‐Party Emergency ARP on behalf of J.H.

. Kindly respond or have the appropriate

party respond by email within 48 hours per OJJ’s Administrative Remedy Procedure B.5.3. Out of necessity in light of the

COVID‐19 pandemic, I have signed the Third Party Acknowledgment/Approval Form on J.H.

’s behalf, as

authorized by his guardian. If you have any questions, you can reach me at 404‐617‐1467.

Best,

Nishi Kumar Staff Attorney The Promise of Justice Initiative www.justicespromise.org nkumar@defendla.org 504.529.5955

Follow us on Instagram, Twitter, & Facebook!

This message is a PRIVILEGED AND CONFIDENTIAL communication. This message and all attachments are a private communication sent by a law office and may be confidential or protected by privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you.

1

Case 3:20-cv-00293-JWD-EWD Document 31-5 05/27/20 Page 2 of 7

Nishi Kumar
From: Sent: To: Subject: Attachments:

Nishi Kumar

Saturday, May 9, 2020 5:34 PM

Yamena.Thompson@LA.GOV; Shannon.matthews2@la.gov

Emergency ARP on behalf of J.H.

Emergency ARP on behalf of J.H.

.pdf

Ms. Thompson and Ms. Matthews,

Attached please find an Third‐Party Emergency ARP on behalf of J.H.

. Kindly respond or have the appropriate

party respond by email within 48 hours per OJJ’s Administrative Remedy Procedure B.5.3. Out of necessity in light of the

COVID‐19 pandemic, I have signed the Third Party Acknowledgment/Approval Form on J.H.

’s behalf, as

authorized by his guardian. If you have any questions, you can reach me at 404‐617‐1467.

Best,

Nishi Kumar Staff Attorney The Promise of Justice Initiative www.justicespromise.org nkumar@defendla.org 504.529.5955

Follow us on Instagram, Twitter, & Facebook!

This message is a PRIVILEGED AND CONFIDENTIAL communication. This message and all attachments are a private communication sent by a law office and may be confidential or protected by privilege. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of the information contained in or attached to this message is strictly prohibited. Please notify the sender of the delivery error by replying to this message, and then delete it from your system. Thank you.

1

Case 3:20-cv-00293-JWD-EWD Document 31-5 05/27/20 Page 3 of 7
B.5.3 (a)

YOUTH SERVICES

Number: ______-_____-_____

ADMINISTRATIVE REMEDY PROCEDURE FORM

Date Received:_5_/_9_/_2_0_2_0_____

Name: _ J.H.

_____________________

Client ID Number: __1___7___9_7_______________________

Facility: __A_c_a_d__ia_n__a___r_id_g__e_C__i_t __C_e__n_t_e_r_f_o_r_Y__o_uth Living Area:_____________________________________

“THIS IS A REQUEST FOR ARP” Emergency ARP

(You may ask your case manager or other staff members for help completing this form.) State your problem (WHO, WHAT, WHEN, WHERE AND HOW) and the remedy requested (what you want to solve the problem):
Problem:___S_e_e__A__tt_a_c_h_e__d______________________________________________________________ __________

______________________________________________________________________________________________

______________________________________________________________________________________________

Remedy requested:__S_e__e__a_t_t_a_c_h_e__d_______________________________________________________________

Date of Incident/Occurrence:_M__a__r_c_h__1_3__, _2_0__2_0__t_o present

Today’s Date:__5_/_9_/_2_0__2_0_______________

This form must be completed within 90 calendar days of the date of the incident/occurrence and given to the ARP Coordinator or placed in the ARP/grievance box.

Screening - ARP Coordinator’s Review

Rejected

Returned ________ Accepted

Screening Date: ___________ Sexual Assault □ Yes □ No

Reason:_______________________________________________________________________________________

Rejected:

Emergency Request
(Maximum Time for Processing – Initial Response: 48 hours / Final Response: 5 days)

Accepted

Reason: ________________________________________________________

Sent to Facility Director / Regional Director / IS on: _________________

RD Initial Response Received on:__________________

RD Final Decision Received on:_______________

Step One - ARP Coordinator/IS Recommendation and Facility Director’s Response

(Maximum Time For Processing: 30 calendar days)

ARP Coordinator/IS Recommendation: ____________________________________________________________

Sent to Facility Director on: _______________________

AC/IS Signature: __________________________

Facility Director’s response to your ARP Step One request: _____________________________________________

_____________________________________________________________________________________________

_____________________________________________________________________________________________

Date: _______________________

Facility Director’s Signature: ___________________

Received Step One on: _______________

Youth’s Signature: __________________________

If you are not satisfied with this response, you may go to Step Two. The ARP Coordinator must submit your request to the Deputy Secretary within 15 calendar days after you receive the Step One response.

Request Step Two: _____Yes _____No

Reason for Step Two request: ______________________________

____________________________________________________________________________________________

Date Step Two request received by AC: _________________

Date Sent to Deputy Secretary: _____ _______

AC’s Signature: ___________________________________

Step Two - Deputy Secretary’s Response
(Maximum Time For Processing: 21 calendar days) Date Received: ______________ Deputy Secretary’s response to ARP Step Two request: _____ _________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________

Date: _______________________

____________________________________ Deputy Secretary’s Signature

Date received Deputy Secretary’s response: ________________

____________________________________ Youth’s Signature

If you are not satisfied with this response, you may seek judicial review. A request for judicial review must be filed with the juvenile court which entered your order of commitment within 30 calendar days after receiving
the Step Two decision.

July 2018

Case 3:20-cv-00293-JWD-EWD Document 31-5 05/27/20 Page 4 of 7

EMERGENCY ARP APPLICATION

May 9, 2020

Submitted On Behalf of J.H.

And All Others Similarly Situated

This is an Emergency ARP on behalf of J.H.

.

I am an attorney representing J.H.

’s parent and am filing this Emergency ARP as a

Third Party on his behalf. The exigencies of this request arise directly from the national state of

emergency resulting from the world-wide pandemic and wide-spread infection of many people from

COVID-19.

J.H.

is filing this emergency application on behalf of himself and all other similarly-

situated youths in OJJ custody and housed in secure care facilities. J.H.

is a minor child and

currently is being held at the Acadiana Center for Youth (ACY). He was previously held at Bridge

City Center for Youth and does not know when he will be transferred back.

The Problem:

The conditions under which J.H.

are being held are medically dangerous and

constitutionally defective. The following conditions of confinement represent an unwarranted and

unlawful danger to him and to all others being so detained:

1.

J.H.

has been exposed unwillingly to the COVID-19 virus while in the

custody of the Office of Juvenile Justice, Bridge City Center for Youth, and Acadiana Center for

Youth. COVID-19 is a deadly viral pandemic. He, along with all others in OJJ custody and housed

in the state’s several secure care facilities, has been placed at an immediate risk of substantial harm.

2. At least ten youth and twenty-one staff members at Bridge City tested positive for

COVID-19. At least one youth and one staff member at ACY has tested positive for COVID-19.

J.H.

has not been tested for COVID-19.

3. Both OJJ and the facility have a responsibility to take reasonable and accepted

measures to keep J.H.

safe and free from contagion while in OJJ custody. Measures

recommended by the Center for Disease Control, as well as state and local governments, to help

ensure safety have been violated by forcing J.H.

(as well as the other children in custody) to

live in the following conditions:

a. He is housed in a dorm with more than ten other youth. No testing has been done to determine if he, or others, are COVID-19 positive.

b. He is being denied access to his parent and family;

c. He is not being provided with personal protective equipment such as masks and adequate personal or other cleaning supplies;

Case 3:20-cv-00293-JWD-EWD Document 31-5 05/27/20 Page 5 of 7

d. He is being forced to live in a physical environment where recommended social distancing is impossible to maintain;

e. He is being subjected to inappropriate and excessive levels of discipline due to understaffing at the facilities during COVID-19. He has been pepper sprayed on multiple occasions by probation officers at both Bridge City and ACY. The use of pepper spray inside secure care facilities is not contemplated by the OJJ policy on interventions (Use of Interventions – Secure Care C.2.6). He was also transported between facilities for disciplinary reasons.

e. He is being denied during this national health emergency access to education, rehabilitative programming, counseling, recreation, and mental health treatment;

k. He is being denied the benefits of his Individualized Educational Plan.

These and other conditions of confinement constitute a violation of J.H.

’s rights under state

and federal law and the state and federal constitution, and the rights of all others being similarly

confined.

The Remedy Sought:

J.H.

, as well as every other person in OJJ custody and/or otherwise confined in secure care

facilities throughout the state, are at immediate risk of substantial harm if continued confinement

occurs under these dangerous conditions. Accordingly, the following remedies are requested:

a. He and all other youth in custody should be determined eligible for early release and should be released to the care of their families.

b. In the alternative, he and all other youth in custody should be deemed eligible for furlough and released home to their families until there is a vaccine for COVID-19, the facilities have been determined to be COVID-19-free, and the risk of infection from COVID-19 has been completely removed from the facilities.

c. If not released, he and all other youth in custody should be provided with appropriate PPE, personal cleaning and sanitizing supplies and materials, and the ability to practice socially distancing from those around him.

d. All those being confined in the secure care facilities, as well as all staff members and all others who enter the facilities, should be tested and frequently retested for COVID-19.

e. Staff must immediately cease using pepper spray and other disciplinary methods that place the youth in custody at risk of serious harm and are not in line with OJJ policy and practice.

e. He and all other youth in custody should be immediately provided with educational and rehabilitative programming in compliance with state and federal law and with any individual IEPs that he and others may have.

If rehabilitation is not being provided and constitutional conditions of confinement are not

immediately put into place, there is no legal justification to continue to confine J.H.

or any

other child in a secure care facility.

Case 3:20-cv-00293-JWD-EWD Document 31-5 05/27/20 Page 6 of 7
The Response Per the Office of Juvenile Justice’s Administrative Remedy Procedure B.5.3, please respond within 48 hours to this Emergency ARP and provide a final decision within 5 days of filing.
Signature:
/s/ Nishi Kumar Nishi Kumar

I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana.

2. I represent the parent of J.H.

. Out of necessity in light of the COVID-19 pandemic, I

was unable to obtain the signature of J.H.

for the attached Third Party

Acknowledgment/Approval Form. I am signing on his behalf, as authorized by the parent of

J.H.

. J.H.

is a minor.

I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 9, 2020 in New Orleans, Louisiana.

Signature:

/s/ Nishi Kumar Nishi Kumar

Case 3:20-cv-00293-JWD-EWD Document 31-5 05/27/20 Page 7 of 7 B.5.3 (d)
Administrative Remedy Procedure Third Party Acknowledgment/Approval Form

J.H.
I, __

________________ (Youth name), Client ID # ________________,

due hereby agree/approve _______________________________ to file an ARP (Name of Third Party)

on my behalf. I understand that the above named third party is not my parent or

legal guardian, and is acting in my best interest.

J.H.
_____________________ Youth Signature
______________________________ Date

____________‐____________________ Witness
________________________________ Date

Case 3:20-cv-00293-JWD-EWD Document 31-6 05/27/20 Page 1 of 4
DECLARATION OF D.W. I, D.W., declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. My initials are D.W. 2. I am at least 18 years of age and am competent to make this declaration. 3. My older son D.M.W. is being held at Bridge City Center for Youth. He was moved to
Swanson Center for Youth in Monroe for a four or five days around April 21, 2020 and then was moved back to Bridge City. I didn’t know either time that he was transferred until after he was transferred. His release date is July 30, 2020. His case worker told me he is eligible for early release. He is ready to come home and I am ready to have him home with me. 4. My younger son D.K.W. was also being held at Bridge City Center for Youth but he was moved to Acadiana Center for Youth around April 21, 2020. I didn’t know that he was transferred until after he was transferred. His release date is in January 2021. He has told me he is eligible for early release. He is ready to come home and I am ready to have him home with me. 5. I was never informed by OJJ staff about the riot incident at Bridge City, and all I know is that it is under investigation. I tried to call someone at OJJ to figure out what is going on and they do not have any available to talk to me. I saw what happened on the news and D.M.W. told me children in his dorm were pepper sprayed by probation officers in the eyes. D.M.W. was pepper sprayed on his arm and his arm burned afterwards. I don’t know if he received any medical treatment but I am very much hoping he did. He was transferred to Swanson shortly after that. 6. My older son D.M.W. had a fever and was tested for COVID-19 at the end of March or the beginning of April. He was then isolated in a solitary room for one or two days until his test came back negative. They just tested him once. I had to call his case worker to get that

Case 3:20-cv-00293-JWD-EWD Document 31-6 05/27/20 Page 2 of 4
information – it is not being provided to the young people or their parents. I am not able to get much information on my son’s health. 7. My younger son D.K.W. has not been tested for COVID-19. Somebody in his dorm at Bridge City tested positive. The only people who could be giving the children COVID-19 would be the staff coming in and out of the facilities. 8. As far as I know, there is no process for reintroducing “recovered” children to the general population. At both Bridge City and ACY they were all in the dorm together and locked down 23 hours a day. There is no social distancing being practiced in the dorm. There are no policies around interactions with staff and other children. Sometimes they have masks and sometimes they don’t. I don’t know when they started giving the children masks. Staff doesn’t make the children wear the masks. Staff are wearing masks, but not gloves. 9. There are no family or attorney visits allowed. I am allowed two calls a week with my sons. I am supposed to be getting a Zoom call with my older son. 10. All schooling and other developmental training has been suspended. Both of them were previously in regular school and trade school at Bridge City. They no longer have any access to school. They should have kept the children in school during the pandemic like they are with the children outside. They could have given them laptops so they could still be doing the work. They are not receiving any rehabilitation or other services that I know of. 11. D.K.W. was supposed to come home for his first furlough and the court had approved his furlough. It was cancelled after COVID-19 happened. I would like both my sons to come home on furlough until all COVID-19 is absent from the facilities, everyone has been tested, and there is a vaccine. There is no reason for either of them to be detained right now. They are not receiving any rehabilitative services. My ability to parent them is being impeded by

Case 3:20-cv-00293-JWD-EWD Document 31-6 05/27/20 Page 3 of 4
the fact that he are in a facility and away from me. I am very scared for them. I haven’t been able to get any answers to my questions from OJJ. I just want to be able to hug my sons. 12. As a named plaintiff, to the best of my ability, I have been working with my lawyers to help them prepare and work on this case. I will continue to do so. I am available to them to assist with the case, and they are available to me to answer questions and to explain and keep me updated on the litigation. I regularly speak with my attorneys and their staff to provide them information in support of this lawsuit. I have responded and will continue to respond to the lawyers’ requests for information about adequate health care and other conditions of confinement to the best of my ability. I intend to continue working zealously with my attorneys on behalf of other individuals detained in Louisiana and their family members as long as I am a named plaintiff. 13. I seek only declaratory and injunctive relief on behalf of the class. I am not seeking monetary damages, and I understand this this civil case will not result in the dismissal of any criminal proceedings against my sons or others. 14. I have authorized my attorney to sign on my behalf given the difficulty of arranging visitation and travel due to the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so. 15. This declaration was read to me in English and I was able to make changes and corrections.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature:
/s/ Nishi Kumar Nishi Kumar on behalf of D.W. May 25, 2020

Case 3:20-cv-00293-JWD-EWD Document 31-6 05/27/20 Page 4 of 4
I, Nishi Kumar, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I am a licensed attorney in good standing in Louisiana. 2. I represent the declarant D.W. Out of necessity in light of the COVID-19 pandemic, I
signed the attached declaration on her behalf with her express consent. 3. I spoke with D.W. over the phone. She has confirmed that I can sign on her behalf as
reflected in her declaration.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge and that this declaration was executed on May 25, 2020 in New Orleans, Louisiana.
Signature:
/s/ Nishi Kumar Nishi Kumar May 25, 2020

Case 3:20-cv-00293-JWD-EWD Document 31-7 05/27/20 Page 1 of 11
SUPPLEMENTAL DECLARATION OF GLENN HOLT
I, Glenn Holt, declare the following under penalty of perjury pursuant to 28 U.S.C. § 1746 as follows:
1. I have 26 years of experience in senior level public administration and policy in the juvenile and criminal justice fields. I have worked for the government at the state, county/parish, and city level. I worked for the Louisiana Office of Juvenile Justice in its previous iteration from 2005 to 2009. I was the Director of the Swanson Center for Youth in Monroe from 2005 to 2007 and a Deputy Assistant Secretary of OJJ from 2007 to 2009. I then worked for the City of New Orleans from 2010 to 2016. I went back to work at OJJ in 2016 and was a Deputy Assistant Secretary/Assistant Secretary/Regional Director from 2016 to 2019. I am currently the Deputy Director for the Arkansas Division of Youth Services. I have also worked as a Treatment Manager for the Iowa Department of Corrections and the Director of the Polk County Juvenile Detention Center. I have been certified as a juvenile justice expert before courts in Louisiana. I have testified on behalf of the Iowa Department of Corrections in federal court.
2. I have first-hand knowledge of policy-making procedures at OJJ and the pandemic policy in particular. At OJJ, I have worked with facility directors to institute the Missouri model1 that was mandated under a federal consent decree. I was responsible for writing policy and procedure at both the facility level and at the OJJ level. When I was Assistant Secretary, I drafted and approved policies and procedures and made edits to existing policies as necessary, including the emergency operations plan and the pandemic policy. I was the point of contact for the Department of Homeland Security. After the last major flu outbreak, I wrote the facility and agency policy for how we would respond to the next type of pandemic outbreak. It has been updated since, but I have reviewed the most recent version dated December 11, 2019,2 and very little has changed from the version I drafted. In Arkansas, we updated our pandemic policy using the interim guidance specific to correctional facilities from the Centers for Disease Control (“CDC”)3 as well as guidance from the Arkansas Department of Health. We mandated that the companies we contract with that directly run the juvenile facilities update their policies in accordance with our updated policy. It does not appear that OJJ has updated its policies to implement the CDC guidance. For example, the facilities should be asking all staff and children a set of diagnostic questions about general health, including cough, fever, and other COVID-related symptoms on a daily basis. OJJ should be getting reports on all testing numbers from each facility. Any staff that has a temperature of 100 degrees or more should be denied entrance to the facility. If anyone has
1 The Annie E. Casey Foundation, The Missouri Model: Reinventing the Practice of Rehabilitating Youthful Offenders, (Jan. 1, 2010), https://www.aecf.org/resources/the-missouri-model/ 2 Office of Juvenile Justice, Influenza Preparedness, Response and Recovery A.1.13, (December 11, 2019), available at https://ojj.la.gov/wp-content/uploads/2020/01/A.1.13.pdf. 3 CDC, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities” (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html.
1

Case 3:20-cv-00293-JWD-EWD Document 31-7 05/27/20 Page 2 of 11
traveled within the last 14 days, they should be denied entrance to the facility. If anyone has had contract with anyone with COVID or who has been suspected to have COVID, they should be denied entrance to the facility. It is OJJ’s job to keep all staff and children across all its facilities safe. According to their written policy, OJJ does not require any of these measures.
3. Within the facilities, there should be twice daily temperature checks and general questions (cough, any other symptoms) for every child. If symptomatic at all, the facility should be in contact with the Department of Health and set up a medical assessment. If at all possible, every child that has come into contact with another child or staff member that tests COVID positive should be tested because we know that many people are asymptomatic carriers.4 I would also test all staff who had been on the unit where the infected person was within the last 2-4 days. In Arkansas, for example, we had a child in a mental health hospital where a youth later tested positive (along with six others). Even though the child in our custody had been transferred out of the hospital 8 days earlier and was at a group home and had no symptoms, we managed to get him tested.
4. None of the four secure care facilities in Louisiana is designed to handle more than three or four children in the infirmary. The infirmaries are all bare minimum, open bay, with three or four beds and staff need to be inside to supervise. Swanson and ACY each have one negative pressure room but you can only put one patient there. There are only one or two nurses (a mix of RNs and LPNs) per shift at each facility. There is not enough PPE to manage an outbreak in any of the facilities based on the nature of COVID, even if they had were stockpiled according to the pandemic policy.
5. For any youth that are at risk because of underlying medical conditions – including hypertension, severe obesity, asthma5 – in accordance with CDC guidelines I would increase medical surveillance (i.e. take their blood pressure every couple of hours) and make sure their medical management was in place in the instance they test positive for COVID. I would arrange necessary transport to the appropriate hospital for higher level care of treatment if it became necessary.
6. Per its pandemic policy, OJJ should have started with the assumption that the facilities will not be fully staffed and will lose approximately 30-40% of staff due to illness or illness in their family.6 Because of high turnover and use of sick leave, OJJ’s relief factor is almost 2:1, meaning for every guard assigned to a scheduled shift you need approximately two employees available to cover that shift. OJJ was already severely understaffed at all four
4 CDC, “Clinical Presentation in Children,” https://www.cdc.gov/coronavirus/2019ncov/hcp/pediatric-hcp.html (last visited May 7, 2020). 5 CDC, “At Risk for Severe Illness,” https://www.cdc.gov/coronavirus/2019-ncov/need-extraprecautions/groups-at-higher-risk.html (last visited May 7, 2020). 6 Office of Juvenile Justice, Influenza Preparedness, Response and Recovery A.1.13, (December 11, 2019), available at https://ojj.la.gov/wp-content/uploads/2020/01/A.1.13.pdf.
2

Case 3:20-cv-00293-JWD-EWD Document 31-7 05/27/20 Page 3 of 11
facilities prior to the COVID outbreak.7 Under normal circumstances, there are two staff per dorm. Staff take children to and from wherever they need to go, including to and from the infirmary and to and from the social worker.
7. It would be highly difficult to ensure social distancing within the dorms if they are used for quarantine or isolation. For example, in the dorms on the second floor of Bridge City Center for Youth, the beds are six feet apart. Therefore, for effective social distancing, you must ensure that the children stay on their beds at all times. The bathrooms are shared and would need to be individually sanitized between uses. It is impossible for staff to stay six feet away from the children and perform their jobs, putting both the staff and children at risk.
8. During this pandemic, we are able to maintain educational services in Arkansas because we use online schooling called Virtual Arkansas. This allows the children to continue to receive individualized educational services and allows those who are on-track to continue to progress timely towards getting their high school diploma or GED, while maintaining social distancing. OJJ should make every effort to keep schedules and programming as normal as possible amidst the pandemic and in compliance with CDC guidelines. Instead, OJJ shut down all their schooling and programming. Children have poor impulse control and get bored very easily. Levels of horseplay become higher and could turn into fights, especially if staff are also bored. You can breed lazy practices and high incidents of physical altercations between kids that is driven more by boredom than anything else. If possible, I would only isolate the dorms that need to be quarantined or isolated and let the other dorms run as normal – you want to maintain normalcy as much as possible with increased sanitation practices. If programming and school are not being provided, there is really no point of holding the children in the facilities.8
9. OJJ’s first and continued response should have been to shrink the campuses as much as possible to protect children and staff. They should look at getting anyone within 30-45 days of release out early, look at doing furloughs (that are available for up to 30 days),9 and identify anyone with an upcoming court review. If they had shrunk the size of the campuses, they could have lessened the likelihood of having COVID positive patients in those facilities
7 Performance Audit Services, Oversight of Safety in Secure Care Facilities (“Safety Audit”) (June 6, 2018), https://www.lla.la.gov/PublicReports.nsf/64DF5EBB49AE4404862582A40078718D/$FILE/0001 94C2.pdf (“Staffing challenges, such as high turnover, make it difficult for OJJ to maintain required staff to youth ratios, which affects the overall safety of the facilities.”). 8 Office of Juvenile Justice, “Secure Care Handbook for Parents,” (Sept. 13, 2017), available at https://ojj.la.gov/wpcontent/uploads/2017/09/SecureCareHandbookforParents_13September2017.pdf (“Youth in secure care receive a variety of treatment and rehabilitative services designed to help them learn to make better choices, provide life skills and prepare them for release. OJJ’s goal is to help your son learn the life skills needed to become a law-abiding, productive citizen.”). 9 Office of Juvenile Justice, Furlough Process C.4.1, (July 11, 2017), available at https://ojj.la.gov/wpcontent/uploads/2018/07/C.4.1.pdf
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at all. Now that COVID is inside the facilities, shrinking the campuses minimizes the potential spread and the impact on operations. The Governor could instruct OJJ to effect widespread releases in a rational way. Any child who is furlough eligible should be furloughed after making sure the home they would go to does not pose a COVID risk to the child (which can be assessed virtually). If they test every child before they came back to the facility, no home evaluation is necessary. I would also prioritize furloughing any children that are at risk medically if they got COVID – including kids with a history of asthma or who are obese. There are adolescents who have died and their condition can turn very quickly. They need a higher level of medical care than can be provided at any of the facilities. Acadiana is in Bunkie and very far from any advanced life support facility – almost an hour. Swanson Center in Columbia is at least twenty or thirty minutes from a hospital. Shrinking the campus through early releases and furloughs ensures the health of any children and the staff that remain.
10. It is extremely important that family members and children in facilities have high levels of frequent contact right now, preferably visual contact. This manages the level of anxiety and fear on both ends.10 Children should be allowed to have multiple phone calls a week and it should be switched over to a non-paid phone system. Case managers have direct lines that children can use to reach their family members as well. OJJ should make sure family members and children could have face-to-face video visitation as much as possible. Video conference capabilities already exists at all the facilities and at all the regional offices. OJJ can assist parents in setting up Zoom calls for any parents that have that capability. In Arkansas, we upped installation of TV monitors so that we could use Zoom for visitation and said children and parents can get as many phone calls as they want. I want parents to have connection to their child.
11. Information-sharing and transparency is key during a pandemic and should be built into OJJ’s COVID response. Facility directors need to have the authority to answer direct questions from family members about their children and their medical status and what is happening at the facility, subject to any operational concerns. Facility directors should be accessible to parents. We have a responsibility and duty to be transparent with family members during this time and help them maintain their connection to their children.
12. OJJ’s response to COVID-19 has put the children in their custody at risk of serious medical complications, including death. One of the most troubling responses is the level of force that is being used by officers – specifically probation officers – against children. For example, the
10 Office of Juvenile Justice, “Secure Care Handbook for Parents,” (Sept. 13, 2017), available at https://ojj.la.gov/wpcontent/uploads/2017/09/SecureCareHandbookforParents_13September2017.pdf (“Support and visitation by family members are very important to your son’s well-being. Your visits can motivate and inspire him to participate in programming and meet the goals of his treatment plan, which may result in an earlier release date. You can make a difference for your son. Your visits show that you care and that he has not been forgotten. While visiting, you will be able to meet with staff to discuss your son.”).
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use of pepper spray was immediately removed from the juvenile facilities and the future use of pepper spray prohibited back in 2003 and 2004 and has been prohibited ever since. It is not present in the OJJ disciplinary policy for facilities and there are no guidelines on its use.11 Pepper spray is being used against children in response to horseplay and fights12 – it is the first thing that the probation officers that are filling in for regular OJJ staff are using. The probation officers were authorized to carry pepper spray into the facilities by OJJ in an internal memo on March 17, 2020. They have never worked in a facility unless ordered to work in a facility. They have been given no training on how that role is different from supervising people in the community. The use of pepper spray under these circumstances could be lethal. It irritates the wet, mucus things in your body13 – the wettest being the lungs. If a child who is pepper sprayed is COVID positive and hasn’t been tested, you are inhibiting their ability to breath and could kill them. OJJ knows this has become a problem because in another internal memo dated April 27, the Interim Secretary said officers could no longer bring pepper spray into the facilities but that its use is still permitted if needed. Per the threat force continuum, probation officers can also use pressure points and handcuffs. OJJ has no lethal use of force policy for when they can pull their weapons or pepper spray and when it would be appropriate to discharge those weapons. Probation officers are trained to use a higher level of force than the usual OJJ staff. They are going into facilities with access to deadly weapons that they have no policy on how to use in those facilities. Instead of figuring out how to prevent an incident like the riot at Bridge City from happening again, the probation officers are using potentially harmful reactive measures inside the facilities that staff are usually prohibited from using.
13. OJJ uses Safe Crisis Management14 and the first step is to recognize escalation of activities that could lead to a bad outcome, and then redirect the child in a non-tactical way and then guide with physical hand techniques that restrain movement. Restraint is only to be used when necessary to prevent the imminent threat of physical harm to the child (such as selfmutilation) or to others. You have to get approval verbally from shift supervisor before you move up to a higher level on the use of force continuum.15 None of the facilities, besides Acadiana, are built for room confinement. The Cypress disciplinary wing at the Swanson Center for Youth at Monroe was shut down in 2005 and turned into a short-term crisis intervention unit. They are currently using it for suicide watch as well as reconstituted it as disciplinary lockdown unit. After the riot, OJJ moved children from Bridge City to Swanson
11 Office of Juvenile Justice, Use of Interventions – Secure Care C.2.6, (August 13, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/C.2.6.pdf 12 “Riots, escapes and pepper spray: Virus hits juvenile centers,” 4WWL, (May 3, 2020), available at https://www.wwltv.com/article/news/health/coronavirus/riots-escapes-and-pepper-spray-virushits-juvenile-centers/289-e52aa1ea-5680-47eb-a8c5-4c62af60cd4e 13 National Capital Poison Center, “How Dangerous is Pepper Spray,” https://www.poison.org/articles/how-dangerous-is-pepper-spray-201 (last visited May 7, 2020). 14 Office of Juvenile Justice, Use of Interventions – Secure Care C.2.6, (August 13, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/C.2.6.pdf 15 Office of Juvenile Justice, Use of Interventions – Secure Care C.2.6, (August 13, 2018), available at https://ojj.la.gov/wp-content/uploads/2019/08/C.2.6.pdf
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in a bus in order to lock them down without considering the transfer of infection between the two facilities and community spread, in accordance with CDC guidelines. The CDC guidelines say transport should only happen if necessary for medical isolation and quarantine, not for disciplinary purposes.16 If I absolutely had to transfer children in the Arkansas facilities right now in order to ensure their safety and well-being, I would make sure that none of the children were COVID-positive before transferring.
14. I have reviewed internal OJJ guidance, including the “Emergency Plan COVID19” dated March 2020, the “Coronavirus Quarantine and Isolation Instructions” circulated on March 23, 2020, and the “Updated Isolation Instructions” circulated on March 31, 2020. None of them impact my opinion as to the insufficiency of OJJ’s response and the risk that it poses to kids who are confined in the facilities. First of all, there is still no information that they have released or furloughed kids to shrink the campuses in an effort to keep both the children and staff.17 That should have been their number one response and top priority. That was one of the first conversations we had in Arkansas. OJJ already knows who is furlougheligible because it is discussed at every quarterly staffing meeting.18 They also already know who is eligible for early release19 and could have put into place a process to file motions to modify using specific criteria (such as SAVRY, offense, programming, etc.). In a matter of days, they could have had a prioritized list and started transferring kids home to keep both kids and staff safer.
15. None of their guidance adequately address sanitation, which is crucial to prevent against cross-contamination.20 It is good that they have signs reminding kids to wash their hands, but there is nothing to ensure the living areas are clean. I have walked through each of these facilities and things have frequently appeared dirty and unsanitary. If staff wasn’t doing a good job of maintaining them before and making sure the living areas sanitary, I assure you they aren’t doing it now without proper guidance and oversight. For example, usually the kids shower two at a time (in separate stalls), that should be changed to one at a time and the bathrooms and all surfaces would need to be completely sanitized before the next group of kids comes in. Staff would either need to do the disinfecting or be directed to give the kids cleaning products and instruct them to wipe everything down thoroughly after they finish.
16 CDC, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities” (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html 17 With one exception – the Updated Isolation Instructions indicate that one single child was “on furlough for quarantine because of COVID symptoms.” 18 Office of Juvenile Justice, Youth Classification System and Treatment Procedures B.2.2, (April 8, 2019), available at https://ojj.la.gov/wp-content/uploads/2019/08/C.2.6.pdf 19 Office of Juvenile Justice, Youth Classification System and Treatment Procedures B.2.2, (April 8, 2019), available at https://ojj.la.gov/wp-content/uploads/2019/08/C.2.6.pdf 20 CDC, “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities” (Mar. 23, 2020), https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html
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16. The March 23, 2020 guidance confirmed that the “Quarantine Youth” are remaining in their dorms “at all times” with the exception of some limited outdoor recreation time. Rehabilitation requires meeting the needs of kids identified in their individual assessments to the best of your ability. It includes mental health care, group therapy, individual therapy, tailored education, and interventional programs such as “Thinking for a Change,” “Healthy Masculinity,” and “Anger Management-Cage Your Rage.”21 OJJ uses an overall behavioral management program called LAMOD, tailored to youth in Louisiana, where kids work their way up through phases of: (1) Orientation; (2) Emerging—Self Awareness; (3) Adaptation— Applying Skills; and (4) Transformation—Role Model and Leadership. The program depends on youth and staff small-group interaction, with family and peer involvement.22 If kids aren’t able to move up the stages, they aren’t getting the rehabilitation that they need as per OJJ’s own theory of change. OJJ is not providing educational services and programming at a level that is sufficient to provide the children with any rehabilitation, and I wouldn’t be surprised if some of the kids started to backslide in the progress that they had made as a result.23 Initially, OJJ continued running in-person school, but that was shut down by at least March 23, 2020, when everyone went into dorm lockdown. Nothing suggests that they are using remote education, like we are in Arkansas. They are not trying to provide any teletherapy or remote group programming. OJJ is required to provide education and rehabilitative services. The agency’s top priority to the children should have been to maintain as much normalcy, education, and programming as safely as possible under the circumstances.
17. Based on my extensive first-hand knowledge of the four secure care facilities, the Updated Isolation Instructions circulated on March 31, 2020, do not provide for the safety and wellbeing of children that are being held in those facilities. First of all, the instructions do not even reference or provide guidance for use of the Cypress disciplinary wing at Swanson Monroe, which we know is being used for disciplinary lockdown as well as medical isolation for kids who tested positive for COVID-19. The instructions contemplate using three of the four Holly units and have up to 12 children per unit – those who tested negative in A, those who are awaiting test results in C, and those who are positive in D. To date, there is only 1 out of the 29 kids who were tested that tested negative – so it is more accurate that they are holding kids who have not been tested but that they are presuming to be negative in A. The Holly units have separate entrances and exits, but their ventilation systems are shared. The units themselves are just open bays and would not allow for 12 children to have adequate social distance during any recreation. The plan also contemplates using the Mimosa unit,
21 Office of Juvenile Justice, “Treatment Services,” https://ojj.la.gov/serving-youth-families/youthin-secure-care-facilities/treatment-services/ (last visited May 24, 2020). 22 Office of Juvenile Justice, LAMOD Staff Manual, 4th ed. (2017), available at https://ojj.la.gov/wp-content/uploads/2017/09/A.2.7-1.pdf (“LAMOD is the catalyst that drives the therapeutic process in Louisiana’s secure care facilities. LAMOD is a youth-centered treatment philosophy upon which the culture is in OJJ secure care facilities is built, and in which staff provides a learning environment for the youth to grow and develop.”). 23 Office of Juvenile Justice, “Educational Services,” https://ojj.la.gov/serving-youthfamilies/youth-in-secure-care-facilities/educational-services/ (last visited May 24, 2020).
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which was previously shut down and all the beds were removed. The instructions say that Mimosa is a “fully functional dorm,” but as of July or August of 2019, that unit was not at all functional, did not have a fence, and needed work on the HVAC system. The only way to put 24 cots in Mimosa that are six feet apart would be to have beds upstairs and downstairs, which would leave no room for recreation.
18. Acadiana Center for Youth has 6 dorms but is only operating 3 of them. If you spread the kids across the additional dorms (which would allow them to better practice socialdistancing), you would need additional staff. The instructions do not contemplate using those empty dorms as-needed for medical isolation or quarantine and instead have kids awaiting test results in the infirmary. That means that any kids who get hurt or need medical attention can’t go to the infirmary without the risk of COVID-19 exposure.
19. Bridge City Center for Youth has designated the “BI” (Behavioral Intervention Rooms) for children who “tested negative for COVID/7 days if symptom free.” First of all, there is no justification for why kids who have tested negative need to be isolated from other children who are presumed negative. Furthermore, there is no reason that they should be putting any children in the BI cells for medical isolation purposes. Those cells are punitive and problematic for children’s mental well-being (especially if used for prolonged periods of time) and are only intended to be used for very short periods of time for children whose behavior is out of control and they pose an imminent harm to others. OJJ policy requires they be removed from these cells as soon as their behavior no longer poses a threat to others.24 The notes indicate that maybe these are being used as a type of “step-down” unit for kids who previously tested positive for COVID-19 and are now testing negative or not showing symptoms. The BI cells should not be part of any medical isolation plan, particularly for kids who are recovering from COVID-19, and children who are testing negative (on the assumption that they will even be doing testing) should be returned to their dorm. The chapel has been designated for up to 40 kids who would need to be quarantined if they leave the facility and come back but it does not have the capacity for 40 kids to practice social distancing and also have recreation space. There are no showers or toilets in the chapel itself.
20. I have reviewed on several occasions the two reports issued by the Louisiana Legislative Auditor after their most recent audit of the OJJ secure care facilities – the Oversight of Rehabilitation and Treatment in Secure Care Report25 and the Oversight of Safety in Secure
24 Office of Juvenile Justice, Behavior Intervention Rooms B.2.21 (May 31, 2019), https://ojj.la.gov/wp-content/uploads/2019/06/B.2.21.pdf (“Staff shall never use a BI room for discipline, punishment, administrative convenience, retaliation, staffing shortages, or reasons other than a temporary response to behavior that threatens immediate harm to the youth or others.”). 25 Performance Audit Services, Oversight of Rehabilitation and Treatment in Secure Care Facilities (“Rehabilitation Audit”), (June 13, 2018), https://lla.la.gov/PublicReports.nsf/71C88F049AA3563A862582AB0075C861/$FILE/00019598.p df
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Care Facilities Report.26 There are multiple findings in those audits that exacerbate the risk to the safety and well-being of children in secure care due to OJJ’s COVID-19 response. OJJ staff, which included myself at the time, were provided with the Legislative Auditor’s findings and recommendations and were asked to respond. I have addressed just a few examples of those findings.
21. First, OJJ consistently has issues with staffing practices such as staff-to-youth ratios and turnover rates, which directly impact staff ability to monitor youth, maintain safety, and provide quality interactions. The Legislative Auditor found that Bridge City had a turnover rate of 62.3% and Swanson Monroe and Swanson Columbia had a turnover rate of 30.6%.27 High rates of staff turnover can destabilize a facility, contributing to misbehavior and violence. Bridge City has seen frequent turnover in Juvenile Justice Specialist Positions, as well as facility director and other management positions.28 Because of difficulties with recruitment and retention, the Secure Care facilities are not always compliant with the staffing ratios required by the federal Prison Rape Elimination Act (1:8 staff to youth during waking hours and 1:16 staff to youth during sleeping hours).29 The high turnover rates and inadequate staff-to-youth ratios have been exacerbated during COVID-19, particularly since at least 41 staff members have tested positive for COVID-19.30 Rather than fill in these staffing shortages with probation and parole officers who are not trained to work with youth in secure care facilities, OJJ should have identified and moved to release and furlough as many youth as possible so that less staff are needed in the facilities to maintain adequate staff-to-youth ratios.
22. Second, OJJ has been on notice of the need to reduce the use of room confinement, solitary confinement, isolation, and seclusion, which is currently being employed across all four of the facilities in their COVID-19 quarantine and isolation instructions. Room confinement is defined as any time a youth is physically or socially isolated from other youth.31 Nationally, juvenile justice agencies have been moving away from using room confinement, and 10 states have banned punitive solitary confinement. Research has shown that putting youth in confinement has negative public safety consequences, does not reduce violence, and may actually increase recidivism. It has also shown that facilities that use minimal room confinement are safer and have healthier staff to youth relationships, which lead to reduced recidivism rates.32 Swanson-Monroe has restarted housing children in the individual cells in the previously-closed Cypress unit for both disciplinary and medical purposes. Bridge City is bafflingly using its Behavior Intervention rooms to confine children who have tested
26 Performance Audit Services, Oversight of Safety in Secure Care Facilities (“Safety Audit”), (June 6, 2018), https://www.lla.la.gov/PublicReports.nsf/64DF5EBB49AE4404862582A40078718D/$FILE/0001 94C2.pdf 27 Safety Audit at 4-7. 28 Safety Audit at 4-5. 29 Safety Audit at 6. 30 Office of Juvenile Justice, OJJ COVID-19 Information, https://ojj.la.gov/ojj-covid-19information/ (last visited May 25, 2020). 31 Safety Audit at 14. 32 Safety Audit at 14.
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negative. The Legislative Auditor found that OJJ does not collect room confinement information in a way that is easily aggregated and analyzed, and that the room confinement paperwork is not always been completed accurately and honestly33 which is particularly problematic in light of their quarantine and isolation instructions to use those rooms for purposes other than temporary behavioral intervention.
23. OJJ’s COVID-19 response includes 23-hour a day dorm isolation and suspension of educational and rehabilitative services and programming. This is problematic for the rehabilitation of all children, and specifically so for the approximately 44% of children that OJJ has estimated have serious mental illnesses.34 Even before the suspension of services, the Legislative Auditor found that at least 65% of children in the facilities were housed in general population dorms and were not being provided with individualized, evidence-based services.35 “Programs and services are considered evidence based when they have demonstrated effectiveness through scientific research and evaluation. Both research and field experience show that implementing evidence-based programs and services with fidelity correlates to reduced recidivism and improved outcomes for youth. National best practices recommend that juvenile justice agencies fund services shown to reduce recidivism. Best practices also state that youth should participate in life skills programs that use an established curriculum and that staff implement the curriculum consistently.36 The Legislative Auditor found that the group therapy sessions that were provided to the kids before COVID-19 did not have a standard structure, that there was no requirement that the services be evidencebased, that some staff were not prepared and chose the topic once the group started, and that some topics seemed unrelated to treatment.37 Furthermore, OJJ does not consistently document group therapy sessions for all dorms, preventing OJJ from monitoring what services the kids are receiving and how consistently they are receiving them.38 Even before COVID-19, data showed that on average the kids were only being provided with a group therapy session on 44% of the days they were in secure care.39 OJJ also does not collect adequate documentation on the therapy sessions.40 This lack of evidence-based services and standardized group therapy, as well as the lack of documentation, is particularly problematic in light of COVID-19 when these unstructured group therapy sessions are hypothetically the ONLY method of rehabilitation that OJJ may claim they are still offering ad-hoc.
I declare under penalty of perjury that the statements above are true and correct to the best of my knowledge.
Signature:
33 Safety Audit at 15. 34 Rehabilitation Audit at 9. 35 Rehabilitation Audit at 11. 36 Rehabilitation Audit at 12. 37 Rehabilitation Audit at 12. 38 Rehabilitation Audit at 13. 39 Rehabilitation Audit at 13. 40 Rehabilitation Audit at 13.
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DECLARATION OF DR. CARLOS FRANCO-PAREDES
I, Dr. Carlos Franco-Paredes, state and declare as follows:
I. Background and Specializations
1. My name is Carlos Franco-Paredes. I am an Associate Professor of Medicine at the University of Colorado in the Department of Medicine, Division of Infectious Diseases. I completed my internal medicine residency and infectious diseases fellowship at Emory University School of Medicine. I also hold a public health degree in global health from the Rollins School of Public Health at Emory University with a concentration on the dynamics of infectious disease epidemics and pandemics. I also have more than twenty years of relevant clinical experience. I participated in developing international guidelines for pandemic influenza preparedness and response as well as the World Health Organization global health action plan for developing seasonal and pandemic influenza vaccine.
2. As an infectious diseases clinician, I have experience providing care to individuals in civil detention centers in the United States (US) and have performed medical forensic examinations and medical second opinion evaluations for patients in the custody of the Department of Homeland Security, Immigration and Customs Enforcement (ICE). I have also provided direct care for many patients in ICE custody or incarcerated settings living with HIV-infection at my current academic institution.
3. I also have experience treating COVID-19 patients in the medical units and intensive care units at Anschutz Medical Center in Aurora, Colorado where I have provided direct-patient care to more than 70 individuals with this infection.
4. Since the beginning of the COVID-19 pandemic, I have collaborated with civil rights attorneys and as an independent court-appointed inspector in carceral settings with ongoing outbreaks of COVID-19. I have served as a medical expert in six cases related to COVID-19 in incarceration settings, including West Metro Detention Center in the Miami-Dade County, Florida and the Los Angeles County Jail System (four jails). I have also served as medical expert and conducted jail inspections during the ongoing pandemic at Weld-County Jail in Colorado (April 10 and April 24), Oakland County Jail in Michigan (April 23), and Prince George’s County Jail in Maryland (May 6 and May 7). The Federal Judge Paula Xinis, of the US District of Maryland, ordered my inspection of Prince George’s County Jail and appointed me to perform a site inspection as a medical expert (Keith Seth et al vs. Mary Lou McDonough, Director of the Prince George’s County Department of Corrections, Prince George’s County, Maryland).
5. I have written and published many relevant scientific publications on the topics of infectious diseases, pandemics, and epidemics, particularly in influenza. I have 204 scientific publications in peer-reviewed scientific journals. My last six publications have focused on the COVID-19 topic including an upcoming publication in the New England Journal of Medicine where my co-author and I address the need for further COVID-19 testing to guide population management in jails and prisons in the U.S. I teach a class at the school of medicine on caring for underserved populations, including immigrants and incarcerated populations and in best practices in global health. I have written a textbook on infectious diseases.
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6. I present my Curriculum Vitae attached as Exhibit A.
II. Documents Reviewed in Preparation of this Declaration
7. In addition to references in footnotes, in the preparation for this declaration, I reviewed the following scientific references, relevant medical documents, and public health websites:
a. Johns Hopkins University. Coronavirus Resource Center Available at: https://coronavirus.jhu.edu/map.html. Accessed: May 26, 2020.
b. Kinner SA, Young JT. Understanding and improving the health of people who experience incarceration: An overview and synthesis. Epidemiol Rev 2018; 40: 4-11
c. CDC-Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) Available at: https://www.cdc.gov/coronavirus/2019ncov/hcp/clinical-guidance-management-patients.html). Accessed: April 12, 2020.
d. Johns Hopkins University. Coronavirus Resource Center Available at: https://coronavirus.jhu.edu/map.html. Accessed: April 12, 2020.
e. The New York Times. Coronavirus in the U.S.: Latest map and case count – The New York Times. Available at: https://www.nytimes.com/interactive/2020/us/coronavirus-uscases.html?referringSource=articleShare. Accessed: May 26, 2020.
f. Fauci AS. Infectious diseases: considerations for the 21st century. Clin Infect Dis 2001; 32: 675-85.
g. Finnie TJR, Copley VR, Hall IM, Leach S. An analysis of influenza outbreaks in institutions and enclosed societies. Epidemiol Infect 2014; 14: 107-113.
h. Chao W-C, Liu P-Y, Wu C-L. Control of an H1N1 outbreak in a correctional facility in central Taiwan. J Microbiol Immunol Infect 2017; 50: 175-182.
i. Dolan K, Wirtz AL, Moazen B, Ndeffo-Mbah M, Galvani A, Kinner SA, Courtney R, McKee M, Amon JJ, Maher L, Hellard M, Beyrer C, Altice FL. Global burden of HIV, viral hepatitis, and tuberculosis in prisoners and detainees. Lancet 2016; 388 (10049): 1089-1102.
j. Prisons and custodial settings are part of a comprehensive response to COVID-19. Lancet Public Health 2020; 5(4): e188-e189.
k. CDC. Interim guidance on management of coronavirus disease 2019 (COVID-19) in correctional and detention facilities. Available at: https://www.cdc.gov/coronavirus/2019ncov/community/correction-detention/guidance-correctional-detention.html. Accessed: April 12, 2020.
l. Van Doremalen N, Bushmaker T, Morris DH, and Holbrook MG, Gamble A, Williamson BN, Tamin A, Harcourt JL, Thornburg NJ, Gerber SI, Lloyd-Smith JO, de Wit E, Munster VJ. Aerosol and surface stability of SARS-CoV-2 as compared with SARS-CoV-1. N Engl J Med 2020; Mar 17. doi: 10.1056/NEJMc2004973.
m. Mizumoto K, Chowell G. Transmission potential of the novel coronavirus (COVID-19) onboard the diamond Princess Cruises Ship, 2020. Infect Dis Modelling 2020; 5: 264-270.
n. Sanche S, Lin YT, Xu C, Romero-Severson E, Hengartner N, Ke R. High contagiousness and rapid spread of severe acute respiratory syndrome coronavirus 2. Emerg Infect Dis. 2020 Jul https://doi.org/10.3201/eid2607.200282.
o. Swerdlow DL, Finelli L. Preparation for possible sustained transmission of 2019 Novel Coronavirus. Lessons from previous pandemics. JAMA 2020; 323(12): 1129-30.
p. Patrozou E, Mermel LA. Does influenza transmission occur from asymptomatic infection or prior to symptom onset? Public Health Rep 2009; 124: 193-96.
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q. Thompson R. Pandemic potential of 2019-nCoV.Lancet Infect Dis 2020; 20 March 20; doi.org/10.1016/S1473-3099 (20)30068-2.
r. Li R, Pei S, Chen B, Song , Zhang T, Shaman J. Substantial undocumented infection facilitates the rapid dissemination of novel coronavirus (SARS-CoV2). Science 10.1126/scienceabb3221 (2020).
s. Federal Bureau of Prisons. Available at: https://www.bop.gov/coronavirus/. Accessed: May 26, 2020.
t. The Guardian. Data form US south shows African Americans hit hardest by COVID-19. https://www.theguardian.com/world/2020/apr/08/black-americans-coronavirus-us-southdata. Accessed: April 27, 2020.
u. MMWR. COVID-19 in a Long-Term Care Facility — King County, Washington, February 27–March 9, 2020; March 27, 2020: 69(12): 339-342.
8. I have also reviewed the following documents related to the instant litigation:
a. OJJ’s Influenza Preparedness, Response, and Recovery Youth Services Policy; b. OJJ’s Emergency Plan for COVID-19, March 18; c. OJJ’s Updated COVID-19 Guidance, March 23; and d. OJJ’s Updated Isolation Instructions, March 31.
III. Analysis and Expert Opinion
A. COVID-19
9. The catastrophic consequences of the current COVID-19 pandemic in terms of human and social disruption costs can be distilled into two major factors: (a) the transmissibility of this infection and (b) the severity of the disease in human populations.
10. The Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) is a newly emerging zoonotic agent initially identified in December 2019 that as of the date of this writing, has spread to 188 countries, causing 5,594,175 confirmed cases and 350,547 deaths worldwide. This viral pathogen causes the Coronavirus Disease 2019 (COVID-19). Infection with COVID-19 is associated with significant morbidity and mortality, especially in patients above 50 years of age and those with chronic medical conditions. As of May 26, 2020, there have been 1,681,418 confirmed cases of COVID-19 with 98,929 deaths reported in the United States. There have been COVID-19 deaths in every U.S. state.
11. Since late March and early April and up until now, correctional facilities in the US have become the epicenters of COVID-19 transmission. There are an increasing number of outbreaks identified on a daily basis with more than 30,000 confirmed cases and more than 450 deaths among inmates and approximately 50 deaths among staff members.1 As recent evidence indicates from custodial settings in other States such as Ohio, and from Sterling prison in Colorado, even a small outbreak of confirmed COVID-19 cases reflects just the tip of the iceberg of a larger outbreak with a larger number of undetected cases in those with no
1 UCLA Law COVID-19 behind bars data project by Professor Sharon Dolovich, Director – Available at: https://docs.google.com/spreadsheets/d/1X6uJkXXSO6eePLxw2e4JeRtM41uPZ2eRcOA_HkPVTk/edit#gid=1197647409
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symptoms or mild symptoms. The number of people who are asymptomatic or exhibiting mild symptoms may represent up to 80% of those with coronavirus infection that are responsible for transmitting more than 44% of the cases.
12. COVID-19 can result in respiratory failure, multiorgan dysfunction, and death. It can also severely damage lung tissue, affect cardiac functions, and cause neurological damage, loss of respiratory capacity, and multiorgan dysfunction. These complications can manifest at an alarming pace. Patients can show the first symptoms of infection in as little as two days after exposure, and their condition can seriously deteriorate in as little as five days or sooner.2
13. Infected individuals who do not die from the disease may face health consequences that can negatively affect their quality of life. Further, COVID-19 may involve a prolonged recovery period due to deconditioning requiring extensive rehabilitation and consuming significant healthcare resources. Furthermore, some individuals develop important complications following an episode of COVID-19 infection including deep venous thrombosis or other coagulopathies including bleeding disorders, COVID-19 induced asthma, Guillian-Barre syndrome, and other long-term permanent sequelae.3
14. Although the CDC provided guidance for who is deemed “high risk” in the general population, that definition is broader within a detained setting and includes the following: a. People age 50 or older; b. People with a history of smoking; c. Anyone diagnosed with cancer, autoimmune disease (including lupus, rheumatoid arthritis, psoriasis, Sjogren’s, Crohn’s), chronic lung disease (including asthma, COPD, bronchiectasis, idiopathic pulmonary fibrosis), history of cardiovascular disease (MI), chronic arthritis (rheumatoid, psoriatic), chronic liver or kidney disease, diabetes, hypertension, heart failure, blood disorders, inherited metabolic disorders, HIV/AIDS, or those who take steroids to treat chronic conditions. Obesity is also an increasingly recognized risk factor for developing complicated clinical courses.
15. COVID-19 can be fatal for persons of any age, and even some younger and healthier individuals who contract COVID-19 may require supportive care or die. This includes younger individuals residing in jails, prisons, and juvenile detention facilities. For example, the number of cases of severe myocarditis have been identified in otherwise healthy young individuals, including children.4
16. For example, in the Sterling Correctional Facility, where the Department of Corrections performed prevalence testing after only a few confirmed cases of COVID-19 among
2 CDC-Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) Available at: https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidance-management-patients.html). Accessed: May 16, 2020. 3 Extance A. COVID-19 and long term conditions: what if you have cancer, diabetes, or chronic kidney disease? Brit Med J 2020; 368:m1174; Pennington E. Asthma increases the severity of COVID-19. Cleveland Clin J Med May 12, 2020; doi:10.3949/ccjm.87a.ccc002.; Handu D, Moloney L, Rozga M, Cheng F. Malnutrition Care during the COVID19 Pandemic: Considerations for Registered Dietitian Nutritionists Evidence Analysis Center. J Acad Nutr Diet. 2020 May 14. doi: 10.1016/j.jand.2020.05.012; Connors J, Levy J. COVID-19 and its implications for thrombosis and anticoagulation. Blood 2020 4 She J, Liu L, Liu W. COVID-19 epidemic: Disease characteristics in children J Med Virol. 2020;10.1002/jmv.25807.
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symptomatic inmates, they identified another 538 infected inmates who were asymptomatic. For this pandemic, the use of temperature screens and assessment of symptoms is insufficient when instituted in correctional facilities; and furthermore, it may actually foster further transmission by providing a false sense of security.
17. In summary, this unprecedented pandemic calls for unprecedented measures in every setting but particularly in congregate settings. No one living inside the OJJ facilities or outside in the larger community is safe until there is interruption of coronavirus transmission.
B. OJJ’s Policies
18. I have reviewed OJJ’s COVID-19 policies in response, and it is my expert medical opinion that they are deficient in numerous ways.
19. Among 220 kids residing in OJJ secure care facilities, only 29 were tested for infection. Of the 29 tested, 28 of them had positive COVID-19 tests. This high attack rate indicates that the extent of the outbreaks is much larger than what is reported because presymptomatic and asymptomatic cases are between 50 to 80% of those infected. It is safe to assume that 28 infections may represent only 20% of those actually infected and transmitting the infection.5 Consistently, when the number of staff members with confirmed COVID-19 infection is higher than the number of detainees with positive COVID-19 tests, it indicates that there is a large number of undetected infections inside these centers. In addition, because of their undetected infection status, they continue to spread the infection to others silently.
20. Without further viral testing such as universal testing approaches, it is difficult to identify the true impact of the outbreak in the OJJ facilities in Louisiana. However, I would note that when viral tests are conducted among all or most of detainees, these outbreaks are in fact much more extensive. In fact, every correctional facility that I have inspected along with many published experiences of outbreaks among other jails and prisons nationwide confirm this fact. We are only seeing the tip of a larger iceberg given the high rate of asymptomatic infections or those tested at the time they were presymptomatic. In correctional facilities with only a few confirmed cases, when viral testing is performed among contacts and asymptomatic individuals, a large number of undetected infections are consistently identified. Insufficient viral testing leads to blind and inefficient action guiding population management inside correctional facilities.
21. Additionally, without testing for infection those exposed and in quarantine may continue to transmit the infection if transferred to a different unit. There is ample evidence that transferring detainees even after the completion of a quarantine period without viral testing, may spread the infection to other pods or units within the correctional facility. Similarly, transferring them to another facility may pose a major risk of spreading the outbreak to the second facility.
5 Gandhi M, Yokoe DS, Havlir DV. Asymptomatic transmission, the Achilles’ Heel of current strategies to control Covid19. N Engl J Med 2020. April 24. DOI: 10.1056/NEJMe2009758. Arons MM, Hatfield KM, Reddy SC, et al. Presymptomatic SARS-CoV-2 infections and transmission in a skilled nursing facility. N Engl J Med 2020. DOI: 10.1056/NEJMoa2008457.
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22. Non-pharmaceutical interventions such as social distancing are crucial public health interventions to ameliorate the impact of this pandemic, and complying with social distance in correctional facilities is a major challenge. Incomplete implementation of social distancing as it occurs in these secure care facilities is insufficient to reduce COVID-19 transmission. Additionally, temperature checks and symptom screening are also insufficient to interrupt COVID-19 transmission within any correctional facility including these secure care facilities. Evidence of mass outbreaks from other correctional facilities validates that even when excellent infection control practices are in place including wearing a face mask, if they are coupled with incomplete or inconsistent adherence to social distancing, these practices will be insufficient to contain the occurrence of new cases. Especially in settings such as juvenile detention centers, where there is ongoing sustained transmission of COVID-19 within the broader Louisiana community. Social distancing requires maintaining a distance of at least six feet from each other at all times.
23. Finally, pepper spray (oleoresin capsicum), also referred as tear gas, riot control agent, harassing agent, incapacitating agent and lacrimator gas may pose significant toxicity, particularly during this pandemic and in the setting of an existing and proven outbreak of coronavirus among juveniles residing inside OJJ centers.6 Following exposure even to minimal concentrations, pepper spray causes immediate and intense eye, nose, mouth, skin, and respiratory tract irritation that can lead to temporary incapacitation of exposed juveniles. It is my expert opinion that the use of pepper spray as a means of controlling young individuals would predispose them to nasopharyngeal mucosa irritation that could facilitate novel coronavirus infection and potentially a higher viral inoculum entering through mucosa of the respiratory tract, which may lead to more severe clinical manifestations of COVID-19.
24. The current outbreak among juveniles residing at the OJJ centers demonstrates that currently implemented interventions are largely insufficient to reduce the outbreak. Severe COVID-19 and death has been described among children in many settings, albeit less frequently than in adults; we should not assume that severe COVID-19 and death is exclusive to adult populations. Severe myocarditis, Adult Respiratory Distress Syndrome (ARDS), inflammatory-multiorgan dysfunction, and other severe manifestations of COVID-19 infection also occur in children.
25. Therefore, it is my expert opinion that now that there are no ongoing educational or rehabilitative activities conducted in these facilities, allowing these young individuals
6 Pepper spray inhalation-induced acute polyneuropathy mimicking Guillain-Barre syndrome. Özçora GDK, Çıraklı S, Canpolat M, Doğanay S, Kumandaş S.Turk Pediatri Ars. 2019 Mar 1;54(1):53-56. doi: 10.14744/TurkPediatriArs.2019.52533. eCollection 2019.PMID: 31217711 Yeung MF, Tang WY.Clinicopathological effects of pepper (oleoresin capsicum) spray. Hong Kong Med J. 2015 Dec;21(6):542-52. doi: 10.12809/hkmj154691. Epub 2015 Nov 6.PMID: 26554271. Pershing LK, Reilly CA, Corlett JL, Crouch DJ. Assessment of pepper spray product potency in Asian and Caucasian forearm skin using transepidermal water loss, skin temperature and reflectance colorimetry. J Appl Toxicol. 2006 JanFeb;26(1):88-97. doi: 10.1002/jat.1113.PMID: 16220469 Schep LJ, Slaughter RJ, McBride DI.Riot control agents: the tear gases CN, CS and OC-a medical review. J R Army Med Corps. 2015 Jun;161(2):94-9. doi: 10.1136/jramc-2013-000165. Epub 2013 Dec 30.PMID: 24379300. Busker RW, van Helden HP. Toxicologic evaluation of pepper spray as a possible weapon for the Dutch police force: risk assessment and efficacy. Am J Forensic Med Pathol. 1998 Dec;19(4):309-16. doi: 10.1097/00000433-19981200000003.PMID: 9885922 Review.
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to reside with their parents or guardians would provide them with a safer living environment during this severe pandemic. Residing outside OJJ facilities would allow them to practice critical social distancing, wash their hands frequently, and take other preventive measures that would not only protect them but that would ultimately assist in curbing the epidemic in the State of Louisiana. At least, it is my professional recommendation that releasing those with medical conditions that put them at risk of complications and those with upcoming release dates should be a public health priority. Given the severity of this pandemic, interrupting transmission in correctional facilities and juvenile detention centers is a crucial public health intervention. As we have come to learn, no one inside correctional facilities or in the larger community, is safe until everyone is safe. 26. I am ready and willing to do a site inspection of any or all of the four OJJ secure care facilities and provide my findings and recommendations to OJJ and the Court, as needed.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 26th day of May, 2020.
__________________________________________ Carlos Franco-Paredes MD, MPH, DTMH Associate Professor of Medicine Division of Infectious Diseases University of Colorado, Anschutz Medical Center Infectious Diseases Fellowship Training Program
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Carlos Franco-Paredes, MD, MPH

Revised: 05/21/2020

PERSONAL INFORMATION Carlos Franco‐Paredes, M.D., M.P.H. Carlos.franco‐paredes@cuanschutz.edu carlos.franco.paredes@gmail.com U.S. Citizen and Mexican Citizen Languages: English and Spanish ORCID: 0000‐0001‐8757‐643X

CURRENT PROFESSIONAL POSITION AND ACTIVITIES: x Associate Professor of Medicine, Division of Infectious Diseases, University of Colorado Denver
School of Medicine, Anschutz Medical Campus and Infectious Diseases (July 2018 ‐ ongoing). x Fellowship Program Director, Division of Infectious Diseases, University of Colorado Denver
School of Medicine, Anschutz Medical Campus (March 2019‐ ongoing).

EDUCATION 1989 ‐1995 1996‐1999
1999‐2002
1999‐2002
1999 ‐ 2002
2001‐2002
2006

M.D. ‐ La Salle University School of Medicine, Mexico City, Mexico Internship and Residency in Internal Medicine, Emory University School of Medicine Affiliated Hospitals, Atlanta, GA Fellowship in Infectious Diseases, Emory University School of Medicine Affiliated Hospitals, Atlanta, GA Fellow in AIDS International Training and Research Program, NIH Fogarty Institute, Rollins School of Public Health, Emory University, Atlanta, GA Masters Degree in Public Health (M.P.H.) Rollins School of Public Health, Emory University, Atlanta, GA, Global Health Track Chief Medical Resident, Grady Memorial Hospital, Emory University School of Medicine, Atlanta, GA Diploma Course in Tropical Medicine, Gorgas. University of Alabama, Birmingham and Universidad Cayetano Heredia, Lima Peru

CERTIFICATIONS 1999‐Present 2001‐present
2005‐present 2007‐present

Diplomat in Internal Medicine American Board of Internal Medicine (Recertification 11/2010‐11/2020) Diplomat in Infectious Diseases, American Board of Internal Medicine, Infectious Diseases Subspecialty (Recertification 04/2011‐04/2021) Travel Medicine Certification by the International Society of Travel Medicine Tropical Medicine Certification by the American Society of Tropical Medicine – Diploma in Tropical Medicine and Hygiene (DTMH ‐ Gorgas)

EMPLOYMENT HISTORY: x 2002 ‐ 2004 ‐ Advisor to the Director of the National Center for Child and Adolescent Health and of the National Immunization Council (NIP), Ministry of Health
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Mexico; my activities included critical review of current national health plans on vaccination, infectious diseases, soil‐transmitted helminthic control programs; meningococcal disease outbreaks in the jail system, an outbreak of imported measles in 2003‐2004 and bioterrorism and influenza pandemic preparedness. I represented the NIP at meetings of the Global Health Security Action Group preparation of National preparedness and response plans for Mexico x 2005 – 2011‐ Co‐Director Travel Well Clinic, Emory University Emory Midtown Hospital x 2004‐ 8/2009 ‐Assistant Professor of Medicine Department of Medicine, Division of Infectious Diseases Emory University School of Medicine, Atlanta GA x 3/2008‐10/2009 Consultant WHO, HQ, Geneva, Influenza Vaccine x 9/2009‐ 3/2011 Associate Professor of Medicine Department of Medicine, Division of Infectious Diseases Emory University School of Medicine, Atlanta GA x 1/2007 – 3/2011 Assistant Professor of Public Health Hubert Department of Global Health Rollins School of Public Health, Emory University, Atlanta GA x 4/2011 –5/2013 ‐ Associate Professor of Public Health in Global Health Hubert Department of Global Health Rollins School of Public Health, Emory University, Atlanta GA x 2010 ‐ WHO HQ Consultant for a 4‐month‐period on the Deployment of H1N1 influenza vaccine in the African Region, Jan to March 2010, Switzerland Geneva, WHO HQ 2010 sponsored by John Snow Inc. USAID, Washington, D.C. x 2014‐2015 ‐ Consultant International Association of Immunization Managers, Regional Meeting of the Middle Eastern and North African Countries and Sub Saharan Africa, held in Durban South Africa, Sept 2014; and as rapporteur of the Inaugural Conference, 3‐4 March 2015, Istanbul, Turkey. x 3/2011‐ 5/2017 ‐ Phoebe Physician Group –Infectious Diseases Clinician Phoebe Putney Memorial Hospital, Albany, GA. x 5/2015 ‐ 9/2015 ‐ Consultant Surveillance of Enteric Fever in Asia (Pakistan, Indonesia, Bangladesh, Nepal, India) March 2015‐October 2015. x June 19, 2017‐June 31, 2018–Visiting Associate Professor of Medicine, Division of Infectious Diseases, University of Colorado Denver, Anschutz Medical Campus x June 2004‐ present ‐ Adjunct Professor of Pediatrics, Division of Clinical Research, Hospital Infantil de México, Federico Gómez, México City, México. Investigador Nacional Nivel II, Sistema Nacional de Investigadores (12/2019); SNI III Sistema Nacional de Investigadores (1/2020‐); Investigador Clínico Nivel E, Sistema Nacional de Hospitales
HONORS AND AWARDS
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Carlos Franco-Paredes, MD, MPH

1995 1997 1999 2002 2002
2002
2002
2006 Med
2006 2007 2007
2009
2012
2012 2018

Top Graduating Student, La Salle School of Medicine Award for Academic Excellence in Internal Medicine, EUSM Alpha Omega Alpha (AOA) House staff Officer, EUSM Pillar of Excellence Award. Fulton County Department of Health and Wellness Communicable Disease Prevention Branch, Atlanta GA Emory University Humanitarian Award for extraordinary service in Leadership Betterment of the Human Condition the Emory University Rollins School of Public Health Winner of the Essay Contest on the Health of Developing Countries: Causes and Effects in Relation to Economics or Law, sponsored by the Center for International Development at Harvard University and the World Health Organization Commission on Macroeconomics Health with the essay "Infectious Diseases, Non‐zero Sum Thinking and the Developing World” “James W. Alley” Award for Outstanding Service to Disadvantaged Populations, Rollins School of Public Health of Emory University May 2002. Received during Commencement Ceremony Graduation to obtain the Degree of Masters in Public Health Golden Apple Award for Excellence in Teaching, Emory University, School of
Best Conference Award Conference, “Juha Kokko” Best Conference Department of Medicine, EUSM “Jack Shulman” Award Infectious Disease fellowship, Excellence in Teaching Award, Division of Infectious Diseases, EUSM Emerging Threats in Public Health: Pandemic Influenza CD‐ROM, APHA’s Public Health Education and Health Promotion Section, Annual Public Health Materials Contest award National Center for Preparedness, Detection, and Control of Infectious Diseases. Honor Award Certificate for an exemplary partnership in clinical and epidemiologic monitoring of illness related to international travel. NCPDCID Recognition Awards Ceremony, April 2009. CDC, Atlanta, GA The ISTM Awards Committee, directed by Prof. Herbert DuPont, selected the article "Rethinking typhoid fever vaccines" in the Journal of Travel Medicine (Best Review Article) Best Clinical Teacher. Albany Family Medicine Residency Program Outstanding Educator Award – Infectious Diseases Fellowship, Division of Infectious Diseases, University of Colorado, Anschutz Medical Center, Aurora Colorado

EDITORSHIP AND EDITORIAL BOARDS 2007‐Present Deputy/Associate Editor PLoS Neglected Tropical Disease
Public Library of Science 2017‐2018 Deputy Editor, Annals of Clinical Microbiology and Antimicrobials
BMC 2007‐2019 Core Faculty International AIDS Society‐USA ‐Travel and Tropical Medicine/HIV/AIDS

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Carlos Franco-Paredes, MD, MPH
INTERNATIONAL COMMITTEES 2018‐ Member of the Examination Committee of the International Society of Travel Medicine.
Developing Examination Questions and Proctoring the Certificate in Traveler’s Health Examination Proctor Certificate of Traveler’s Health Examination (CTH) as part of the International Society of Travel Medicine– 12th Asia‐Pacific Travel Health Conference, Thailand 21‐24 March 2019 Proctor Certificate of Traveler’s Health Examination (CTH), Atlanta, GA, September, 2019
PRESENTATIONS AT NATIONAL/INTERNATIONAL MEETINGS 2017‐ Meeting of the Colombian Society of Infectious Diseases, August 2017: Discussion of Clinical Cases Session, Influenza, MERS‐Coronavirus, Leprosy, Enteric Fever 2018 – Cutaneous Mycobacterial Diseases, Universidad Cayetano Heredia, Lima, Peru, Mayo 2018 2018 – Scientific Writing Seminar, ACIN, Pereira, Colombia, August 2‐4, 2018 2019 – First International Congress of Tropical Diseases ACINTROP 2019. March 21, 2019, Monteria, Colombia, Topic: Leishmaniasis 2019 – One Health Symposium of Zoonoses, Pereira Colombia, August 16‐17, 2019, Topic: Zoonotic Leprosy 2019 – Congress Colombian Association of Infectious Diseases (ACIN), Topic: Leprosy in Latin America, Cartagena, Colombia, August 21‐24, 2019 2019 – World Society Pediatric Infectious Diseases, Manila Philippines, November 7‐9, 2019 ‐ Tropical Medicine Symposium: Diagnosis, Treatment, and Prevention of Leprosy. 2019 – FLAP. Federacion Latino Americana de Parasitologia, Panama, Panama, November 26, 2019, Oral Transmission of Leprosy Symposium 2019 – FLAP. Federacion Latino Americana de Parasitologia, Panama, Panama, November 27, 2019, Leprosy Situation in the Americas.
PUBLICATIONS BOOKS Franco‐Paredes C, Santos‐Preciado JI. Neglected Tropical Diseases in Latin America and the Caribbean, Springer‐Verlag, 2015. ISBN‐13: 978‐3709114216 ISBN‐10: 3709114217 Franco‐Paredes C. Core Concepts in Clinical Infectious Diseases, Academic Press, Elsevier, March 2016. ISBN: 978‐0‐12‐804423‐0
RESEARCH ORIGINAL ARTICLES (clinical, basic science, other) in refereed journals: 1. Del Rio C, Franco‐Paredes C, Duffus W, Barragan M, Hicks G. Routinely Recommending HIV Testing at a Large Urban Urgent‐Care Clinic – Atlanta, GA. MMWR Morbid Mortal Wkly Rep 2001; 50:538‐541. 2. Del Rio C, Barragán M, Franco‐Paredes C. Pneumocystis carinii Pneumonia. N Engl J Med 2004; 351:1262‐1263. 3. Barragan M, Hicks G, Williams M, Franco‐Paredes C, Duffus W, Del Rio C. Health Literacy is Associated with HIV Test Acceptance. J Gen Intern Med 2005; 20:422‐425.
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4. Rodriguez‐Morales A, Arria M, Rojas‐Mirabal J, Borges E, Benitez J, Herrera M, Villalobos C, Maldonado A, Rubio N, Franco‐Paredes C. Lepidopterism Due to the Exposure of the Moth Hylesia metabus in Northeastern Venezuela. Am J Trop Med Hyg 2005; 73:991‐993. 5. Rodriguez‐Morales A, Sánchez E, Arria M, Vargas M, Piccolo C, Colina R, Franco‐Paredes C. White Blood Cell Counts in Plasmodium vivax. J Infect Dis 2005; 192:1675‐1676. 6. Franco‐Paredes C, Nicolls D, Dismukes R, Kozarsky P. Persistent Tropical Infectious Diseases among Sudanese Refugees Living in the US. Am J Trop Med Hyg 2005; 73: 1. 7. Osorio‐Pinzon J, Moncada L, Franco‐Paredes C. Role of Ivermectin in the Treatment of Severe Orbital Myiasis Due to Cochliomyia hominivorax. Clin Infect Dis 2006; 3: e57‐9. 8. Rodriguez‐Morales A, Franco‐Paredes C. Impact of Plasmodium vivax Malaria during Pregnancy in Northeastern Venezuela. Am J Trop Med Hyg 2006; 74:273‐277. 9. Rodriguez‐Morales A, Nestor P, Arria M, Franco‐Paredes C. Impact of Imported Malaria on the Burden of Malaria in Northeastern Venezuela. J Travel Med 2006; 13:15‐20. 10. Rodríguez‐Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, Franco‐Paredes C. Is anemia in Plasmodium vivax More Severe and More Frequent than in Plasmodium falciparum? Am J Med 2006; 119:e9‐10. 11. Hicks G, Barragan M, Franco‐Paredes C, Williams MV, del Rio C. Health Literacy is a Predictor of HIV Knowledge. Fam Med J 2006; 10:717‐723. 12. Cardenas R, Sandoval C, Rodriguez‐Morales A, Franco‐Paredes C. Impact of Climate Variability in the Occurrence of Leishmaniasis in Northeastern Colombia. Am J Trop Med Hyg 2006; 75:273‐7. 13. Franco‐Paredes C, Nicolls D, Dismukes R, Wilson M, Jones D, Workowski K, Kozarsky P. Persistent and Untreated Tropical Infectious Diseases among Sudanese Refugees in the US. Am J Trop Med Hyg 2007; 77:633‐635. 14. Rodríguez‐Morales AJ, Sanchez E, Arria M, Vargas M, Piccolo C, Colina R, Franco‐Paredes C. Hemoglobin and haematocrit: The Threefold Conversion is also Non Valid for Assessing Anaemia in Plasmodium vivax Malaria‐endemic Settings. Malaria J 2007; 6:166. 15. Franco‐Paredes C, Jones D, Rodriguez‐Morales AJ, Santos‐Preciado JI. Improving the Health of Neglected Populations in Latin America. BMC Public Health 2007; 7. 16. Kelly C, Hernández I, Franco‐Paredes C, Del Rio C. The Clinical and Epidemiologic Characteristics of Foreign‐born Latinos with HIV/AIDS at an Urban HIV Clinic. AIDS Reader 2007; 17:73‐88. 17. Hotez PJ, Bottazzi ME, Franco‐Paredes C, Ault SK, Roses‐Periago M. The Neglected Tropical Diseases of Latin America and the Caribbean: Estimated Disease Burden and Distribution and a Roadmap for Control and Elimination. PLoS Negl Trop Dis 2008; 2:e300. 18. Tellez I, Barragan M, Nelson K, Del Rio C, Franco‐Paredes C. Pneumocystis jiroveci (PCP) in the Inner City: A Persistent and Deadly Pathogen. Am J Med Sci 2008; 335:192‐197. 19. Rodriguez‐Morales AJ, Olinda, Franco‐Paredes C. Cutaneous Leishmaniasis Imported from Colombia to Northcentral Venezuela: Implications for Travel Advice. Trav Med Infect Dis 2008; 6(6): 376‐9. 20. Jacob J, Kozarsky P, Dismukes R, Bynoe V, Margoles L, Leonard M, Tellez I, Franco‐Paredes C. Five‐ Year Experience with Type 1 and Type 2 Reactions in Hansen’s Disease at a US Travel Clinic. Am J Trop Med Hygiene 2008; 79:452‐454. 21. Delgado O, Silva S, Coraspe V, Ribas MA, Rodriguez‐Morales AJ, Navarro P, Franco‐Paredes C. Epidemiology of Cutaneous Leishmaniasis in Children and Adolescents in Venezuela. Trop Biomed. 2008; 25(3):178‐83.
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22. Franco‐Paredes C, Lammoglia L, Hernandez I, Santos‐Preciado JI. Epidemiology and Outcomes of Bacterial Meningitis in Mexican Children: 10‐Years' Experience (1993‐2003). Int J Infect Dis 2008; 12:380‐ 386. 23. Pedroza A, Huerta GJ, Garcia ML, Rojas A, Lopez I, Peñagos M, Franco‐Paredes C, Deroche C, Mascareñas C. The Safety and Immunogenicity of Influenza Vaccine in Children with Asthma in Mexico. Int J Infect Dis 2009; 13(4): 469‐75. 24. Museru O, Franco‐Paredes C. Epidemiology and Outcomes of Hepatitis B Virus Infection among Refugees Seen at U.S. Travel Medicine Clinic: 2005‐2008. Travel Med Infect Dis 2009; 7: 171‐179. 25. Rodriguez‐Morales AJ, Olinda M, Franco‐Paredes C. Imported Cases of Malaria Admitted to Two Hospitals of Margarita Island, Venezuela: 1998‐2005. Travel Med Infect Dis 2009: (1): 48‐45. 26. Kelley CF, Checkley W, Mannino DM, Franco‐Paredes C, Del Rio C, Holguin F. Trends in Hospitalizations for AIDS‐associated Pneumocystis jiroveci Pneumonia in the United States (1986‐2005). Chest 2009; 136(1): 190‐7. 27. Carranza M, Newton O, Franco‐Paredes C, Villasenor A. Clinical Outcomes of Mexican Children with Febrile Acute Upper Respiratory Infection: No Impact of Antibiotic Therapy. Int J Infect Dis 2010; 14(9): e759‐63. 28. Museru O, Vargas M, Kinyua M, Alexander KT, Franco‐Paredes C, Oladele A. Hepatitis B Virus Infection among Refugees Resettled in the U.S.: High Prevalence and Challenges in Access to Health Care. J Immigrant Minor Health 2010; 29. Moro P, Thompson B, Santos‐Preciado JI, Weniger B, Chen R, Franco‐Paredes C. Needlestick injuries in Mexico City sanitation workers. Revista Panamericana de Salud Pública/Pan American Journal of Public Health 2010; 27 (6): 467‐8. 30. Barragan M, Holtz M, Franco‐Paredes C, Leonard M. The Untimely Misfortune of Tuberculosis Diagnosis at time of Death. Infect Dis Clin Pract 2010; 18(6):1‐7. 31. Hochberg N, Armstrong W, Wang W, Sheth A, Moro R, Montgomery S, Steuer F, Lennox J, Franco‐ Paredes C. High Prevalence of Persistent Parasitic Infections in Foreign‐born HIV‐infected Persons in the United States. PLoS Neglect Dis 2011; 5(4): e1034. 32. Larocque RC, Rao SR, Lee J, Ansdell V, Yates JA, Schwartz BS, Knouse M, Cahill J, Hagmann S, Vinetz J, Connor BA, Goad JA, Oladele A, Alvarez S, Stauffer W, Walker P, Kozarsky P, Franco‐Paredes C, Dismukes R, Rosen J, Hynes NA, Jacquerioz F, McLellan S, Hale D, Sofarelli T, Schoenfeld D, Marano N, Brunette G, Jentes ES, Yanni E, Sotir MJ, Ryan ET; the Global TravEpiNet Consortium. Global TravEpiNet: A National Consortium of Clinics Providing Care to International Travelers‐‐Analysis of Demographic Characteristics, Travel Destinations, and Pretravel Healthcare of High‐Risk US International Travelers, 2009‐2011. Clin Infect Dis. 2012; 54(4):455‐462. 33. Espinosa‐Padilla SE, Murata C, Estrada‐Parra S, Santos‐Argumendo L, Mascarenas C, Franco‐Paredes C, Espinosa‐Rosales FJ. Immunogenicity of a 23‐valent pneumococcal polysaccharide vaccine among Mexican children. Arch Med Res 2012; 34. Harris JR, Lockhart SR, Sondermeyer G, Vugia DJ, Crist MB, D'Angelo MT, Sellers B, Franco‐Paredes C, Makvandi M, Smelser C, Greene J, Stanek D, Signs K, Nett RJ, Chiller T, Park BJ. Cryptococcus gattii infections in multiple states outside the US Pacific Northwest. Emerg Infect Dis. 2013; 19 (10):1620‐6. 35. Franco‐Paredes C. Aerobic actinomycetes that masquerade as pulmonary tuberculosis. Bol Med Hosp Infant Mex 2014; 71(1): 36‐40. 36. Chastain DB, Ngando I, Bland CM, Franco‐Paredes C, and Hawkins WA. Effect of the 2014 Clinical and Laboratory Standard Institute urine‐specific breakpoints on cefazolin susceptibility rates at a community teaching hospital. Ann Clin Microbiol Antimicrob 2017; 16(1): 43.
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37. Kashef Hamadani BH, Franco‐Paredes C, MCollister B, Shapiro L, Beckham JD, Henao‐Martinez AF. Cryptococcosis and cryptococcal meningitis‐ new predictors and clinical outcomes at a United States Academic Medical Center. Mycoses 2017; doi: 10.1111/myc.12742. 38. Chastain DB, Franco‐Paredes C, Wheeler SE, Olubajo B, Hawkins A. Evaluating Guideline Adherence regarding Empirical Vancomycin use in patients with neutropenic fever. Int J Infect Dis 2018; Feb 22. pii: S1201‐9712(18)30052‐3. doi: 10.1016/j.ijid.2018.02.016. PMID: 29477362 39. Parra‐Henao G, Amioka E, Franco‐Paredes C, Colborn KL, Henao‐Martinez AF. Heart failure symptoms and ecological factors as predictors of Chagas disease among indigenous communities in the Sierra Nevada de Santa Marta, Colombia. J Card Fail 2018; Mar 26. pii: S1071‐9164(18)30119‐2. doi: 10.1016/j.cardfail.2018.03.007. 40. Vela Duarte D, Henao‐Martinez AF, Nyberg E, Castellanos P, Franco‐Paredes C, Chastain DB, Lacunar Stroke in Cryptococcal Meningitis: Clinical and Radiographic Features. J Stroke and Cerebrovascular Disease 2019; 41. Chastain DB, Henao‐Martinez AF, Franco‐Paredes C. A clinical pharmacist survey of prophylactic strategies used to prevent adverse events of lipid‐associated formulations of amphotericin B. Infect Dis 2019; 42. Henao‐Martínez AF, Chadalawada S, Villamil‐Gomez WE, DeSanto K, Rassi A Jr, Franco‐Paredes C. Duration and determinants of Chagas latency: an etiology and risk systematic review protocol. JBI Database System Rev Implement Rep. 2019 Jul 22. doi: 10.11124/JBISRIR‐D‐18‐00018.
CONSENSUS STATEMENTS
Pritchett MA, Oberg CL, Belanger A, De Cardenas J, Cheng G, Cumbo Nacheli G, Franco‐Paredes C, Singh J, Toth J, Zgoda M, Folch E. Society for Advanced Bronchoscopy Consensus Statement and Guidelines for bronchoscopy and airway management amid the COVID‐19 pandemic. J Thorac Dis 2020; http:/dx.doi.org/10.21037/jtd.2020.04.32
RESEARCH ORIGINAL ARTICLES AS COLLABORATOR (clinical, basic science, other) in refereed journals: 43. Benator D, Bhattacharya M, Bozeman L, Burman W, Cantazaro A, Chaisson R, Gordin F, Horsburgh CR, Horton J, Khan A, Lahart C, Metchock B, Pachucki C, Stanton L, Vernon A, Villarino ME, Wang YC, Weiner M, Weis S; Tuberculosis Trials Consortium. Rifapentine and Isoniazid Once a Week versus Rifampicin and Isoniazid twice a week for Treatment of Drug‐susceptible Pulmonary Tuberculosis in HIV‐ Negative Patients: a Randomised Clinical Trial. Lancet 2002; 360:528‐34. 44. Weiner M, Burman W, Vernon A, Benator D, Peloquin CA, Khan A, Weis S, King B, Shah N, Hodge T; Tuberculosis Trials Consortium. Low INH Concentrations and Outcome of Tuberculosis Treatment with Once‐weekly INH and Rifapentine. Am J Rev Crit Care Med 2003; 167:1341‐1347. 45. Jasmer RM, Bozeman L, Schwartzman K, Cave MD, Saukkonen JJ, Metchock B, Khan A, Burman WJ; Tuberculosis Trials Consortium. Recurrent Tuberculosis in the United States and Canada: Relapse or Reinfection? Am J Respir Crit Care Med 2004; 170:1360‐1366. Mendelson M, Davis XM, Jensenius M, Keystone JS, von Sonnenburg F, Hale DC, Burchard GD, Field V, Vincent P, Freedman DO; GeoSentinel Surveillance Network. Health risks in travelers to South Africa:
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the GeoSentinel experience and implications for the 2010 FIFA World Cup. Am J Trop Med Hyg. 2010; 82(6): 991‐5. 46. Hagmann S, Neugebauer R, Schwartz E, Perret C, Castelli F, Barnett ED, Stauffer WM; GeoSentinel Surveillance Network. Illness in children after international travel: analysis from the GeoSentinel Surveillance Network. Pediatrics. 2010; 1 25(5): e1072‐80. 47. Schlagenhauf P, Chen LH, Wilson ME, Freedman DO, Tcheng D, Schwartz E, Pandey P, Weber R, Nadal D, Berger C, von Sonnenburg F, Keystone J, Leder K; GeoSentinel Surveillance Network. Sex and gender differences in travel‐associated disease. Clin Infect Dis. 2010; 50 (6): 826‐32. 48. Jensenius M, Davis X, von Sonnenburg F, Schwartz E, Keystone JS, Leder K, Lopéz‐Véléz R, Caumes E, Cramer JP, Chen L, Parola P; GeoSentinel Surveillance Network. Multicener GeoSentinel analysis of rickettsial diseases in international travelers, 1996‐2008. Emerg Infect Dis. 2009; 15(11):1791‐8. 49. Chen LH, Wilson ME, Davis X, Loutan L, Schwartz E, Keystone J, Hale D, Lim PL, McCarthy A, Gkrania‐ Klotsas E, Schlagenhauf P; GeoSentinel Surveillance Network. Emerg Infect Dis. 2009; 15(11): 1773‐82. 50. Nicolls DJ, Weld LH, Schwartz E, Reed C, von Sonnenburg F, Freedman DO, Kozarsky PE; GeoSentinel Surveillance Network. Characteristics of schistosomiasis in travelers reported to the GeoSentinel Surveillance Network 1997‐2008. Am J Trop Med Hyg 2008; 79(5): 729‐34. 51. Greenwood Z, Black J, Weld L, O'Brien D, Leder K, Von Sonnenburg F, Pandey P, Schwartz E, Connor BA, Brown G, Freedman DO, Torresi J; GeoSentinel Surveillance Network. Gastrointestinal infection among international travelers globally. J Travel Med 2008; 1 5(4):221‐8. 52. Davis XM, MacDonald S, Borwein S, Freedman DO, Kozarsky PE, von Sonnenburg F, Keystone JS, Lim PL, Marano N; GeoSentinel Surveillance Network. Health risks in travelers to China: the GeoSentinel experience and implications for the 2008 Beijing Olympics. Am J Trop Med Hyg 2008; 79(1): 4‐8. 53. Boggild AK, Castelli F, Gautret P, Torresi J, von Sonnenburg F, Barnett ED, Greenaway CA, Lim PL, Schwartz E, Wilder‐Smith A, Wilson ME; GeoSentinel Surveillance Network. Vaccine preventable diseases in returned international travelers: results from the GeoSentinel Surveillance Network. Vaccine 2010; 28(46):7389‐95. 54. Esposito DH, Han PV, Kozarsky PE, Walker PF, Gkrania‐Klotsas E, Barnett ED, Libman M, McCarthy AE, Field V, Connor BA, Schwartz E, MacDonald S, Sotir MJ; GeoSentinel Surveillance Network. Characteristics and spectrum of disease among ill returned travelers from pre‐ and post‐earthquake Haiti: The GeoSentinel experience. Am J Trop Med Hyg 2012 Jan; 86(1):23‐8. 55. Boggild AK, Castelli F, Gautret P, Torresi J, von Sonnenburg F, Barnett ED, Greenaway CA, Lim PL, Schwartz E, Wilder‐Smith A, Wilson ME; GeoSentinel Surveillance Network. Latitudinal patterns of travel among returned travelers with influenza: results from the GeoSentinel Surveillance Network, 1997‐2007. J Travel Med 2012; 19(1):4‐8. doi: 10.1111/j.1708‐8305.2011.00579.x.
REVIEW, EDITORIALS, CASE SERIES, CASE REPORT ARTICLES: 56. Franco‐Paredes C, Jurado R. Ankylosing Spondylitis Fibrocavitary Lung Disease. Clin Infect Dis 2001; 32:1062.
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57. Franco‐Paredes C, Evans J, Jurado R. Diabetes Insipidus due to Streptococcus pneumoniae Meningitis. Arch Intern Med 2001; 161; 1114‐15. 58. Franco‐Paredes C, Blumberg H. Tuberculosis Psoas Abscess caused by Mycobacterium tuberculosis and Staphylococcus aureus: Case Report and Review. Am J Med Sci 2001; 321:415‐17. 59. Jurado R, Franco‐Paredes C. Aspiration Pneumonia: A Misnomer. Clin Infect Dis 2001;33:1612‐3. 60. Del Rio Carlos, Franco‐Paredes C. Bioterrorism: A New Public Health Problem. Sal Publ Mex 2001; 43:585‐88. 61. Franco‐Paredes C, Blumberg H. New Concepts in the Diagnosis of Latent Tuberculosis Infection. Consultant 2001; 41:1105‐1121. 62. Franco‐Paredes C, Bellehemeur T, Sanghi P, et al. Aseptic Meningitis and Retrobulbar Optic Neuritis Caused By VZV Preceding the Onset of PORN in a Patient with AIDS. AIDS 2002; 16:1045‐1049. 63. Franco‐Paredes C, Mehrabi D, Calle J, Jurado R. Night Sweats Revisited. Infect Dis Clin Pract 2002; 11:291‐293. 64. Franco‐Paredes C, Jurado R, Del Rio C. The Clinical Utility of the Urine Gram Stain. Infect Dis Clin Pract 2002; 11:561‐563. 65. Franco‐Paredes C, Agudelo C. Editorial Response: The Ever Expanding Clinical Spectrum of Tuberculosis. J Clin Rheumatol 2002;8:1‐2. 66. Franco‐Paredes C, Rebolledo P, Folch E, Hernandez I, Del Rio C. Diffuse CD8 Lymphocytosis Syndrome in HIV‐infected Patients. AIDS Reader 2002; 12:408‐13. 67. Franco‐Paredes C. Human Immunodeficiency Virus Infection as a Risk Factor for Tuberculosis Infection and Clinical Disease. Infect Med 2002; 19:475‐479. 68. Franco‐Paredes C, Leonard M, Jurado R, Blumberg H. Tuberculosis of the Pancreas. Report of two cases and Review of the Literature. Am J Med Sci 2002; 323(1): 54‐58. 69. DiazGranados C, Franco‐Paredes C, Steinberg J. A Long Suffering Patient with New Abdominal Pain. Clin Infect Dis 2002; 34(9):1213‐1214; 1267‐1268. 70. Franco‐Paredes C, Martin K. Extranodal Rosai‐Dorfman Manifested in the Meninges. Southern Med J 2002; 95(9): 1101‐1104. 71. Franco‐Paredes C, Workowski K, Harris M. Infective Endocarditis‐Endarteritis Complicating Coarctation of the Aorta. Am J Med 2002; 112(7):590‐92. 72. Folch E, Hernandez I, Barragan M, Franco‐Paredes C. Infectious Disease, Non‐Zero Sum Thinking and the Developing World. Am J Med Sci 2003; 326:66‐72. 73. Franco‐Paredes C, Santos Preciado JI. Parasitology Resources on the World Wide Web: A Powerful Tool for Infectious Diseases Practitioners. Clin Infect Dis 2003; 37:694‐701. 74. Franco‐Paredes C, Tellez I, Santos‐Preciado JI. Monkeypox Virus Infection Appears in the Americas. Salud Publ Mex 2003; 45:428‐430. 75. Franco‐Paredes C, Del Rio C, Nava Frías M, Rangel Frausto S, Téllez I, Santos Preciado JI. Confronting Bioterrorism: Epidemiologic, Clinical, and Preventive Aspects of Smallpox. Sal Publ Mex 2003; 45:298‐ 309. 76. Franco‐Paredes C, Kuri‐Morales P, Alvarez‐Lucas C, Zavala E, Betancourt M, Nava‐Frias M, Santos‐ Preciado JI. Severe Acute Respiratory Syndrome: A Global View of the Epidemic. Sal Publ Mex 2003; 45:211‐220. 77. Huneycut D, Folch E, Franco‐Paredes C. Atypical Manifestations of Infections in Patients with Familial Dysautonomia. Am J Med 2003; 115(6): 505‐506. 78. Franco‐Paredes C, Sanghi P. Progressive Multifocal Leukoencephalopathy. Infect Med 2003; 20(8):376.
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79. Franco‐Paredes C, Guarner J, McCall C, Mehrabi D, Del Rio C. Clinical and Pathological Recognition of Leprosy. Am J Med 2003; 114(3):246‐7. 80. Franco‐Paredes C, Lammoglia L, Santos Preciado JI. Historical Perspective of Smallpox in Mexico: Origins, Elimination, and Risk of Reintroduction due to Bioterrorism. Gac Med Mex 2004; 141:321‐328. 81. Santos‐Preciado JI, Franco‐Paredes C. Influenza Vaccine in Childhood: a Preventive Strategy of National Priority. Salud Publ Mex 2004; 46:498‐500. 82. Almeida L, Franco‐Paredes C, Pérez LF, Santos JI. Meningococcal Disease: Preventive and Clinical Aspects. Salud Publ Mex 2004; 46(5):438‐50. 83. Franco‐Paredes C, Téllez I, Del Rio C. The Inverse Relationship between Decreased Infectious Diseases and Increased Inflammatory Disease Occurrence. Arch Med Res 2004; 35:258‐26. 84. Arria M, Rodríguez‐Morales A, Franco‐Paredes C. Galeria Eco‐epidemiológica de la Cuenca Amazónica. Rev Peru Salud Publ 2005; 22:236‐240. 85. Franco‐Paredes C, Lammoglia L, Santos‐Preciado JI. The Spanish Royal Philanthropic Expedition to Bring Smallpox Vaccination to the New World and Asia in the 19th Century. Clin Infect Dis 2005; 41:1285‐ 1289. 86. Diaz‐Borjon A, Lim S, Franco‐Paredes C. Multifocal Septic Arthritis: An Unusual Complication of Invasive Streptococcus pyogenes Infection. Am J Med 2005. 118(8): 924‐925. 87. Franco‐Paredes C, Rodríguez A. Lepromatous Leprosy. Infect Med 2005 88. Santos‐Preciado JI, Franco‐Paredes C. Tratamiento Acortado Estrictamente Supervisado (TAES o DOTS) Para Tuberculosis en Poblaciones Con Niveles Moderados de Farmacorresistencia: Perspectiva del Impacto Internacional. Rev Inv Clin 2005; 57:488‐490. 89. Rodríguez‐Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, Franco‐Paredes C. Severe Thrombocytopenia, Reply to Spinello et al. Clin Infect Dis 2005; 41:1211‐1212. 90. Franco‐Paredes C, Dismukes R, Nicolls D, Kozarsky P. Reply to Newton et al. Clin Infect Dis 2005;41:1688‐1689. 91. Rodríguez‐Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, Franco‐Paredes C. Occurrence of Thrombocytopenia in Plasmodium vivax malaria. Clin Infect Dis 2005;41:130‐131. 92. Franco‐Paredes C, Rodríguez‐Morales A, Santos‐Preciado JI. Bioterrorism: Preparing for the Unexpected. Rev Inv Clin 2005; 57: 57(5):695‐705. 93. Franco‐Paredes C, Tellez I, Del Rio C, Santos‐Preciado JI. Pandemic Influenza: Impact of Avian Influenza. Salud Publ Mex 2005; 2: 47(2):107‐9. 94. Franco‐Paredes C, Dismukes R, Nicolls D, Kozarsky D. Neurotoxicity Associated To Misdiagnosis of Malaria. Clin Infect Dis 2005; 40:1710‐1711. 95. Rodríguez‐Morales A, Benitez J, Franco‐Paredes C. Plasmodium vivax Malaria Imported from a rural Area Near Caracas Venezuela? J Trav Med 2006; 13:325‐326. 96. Franco‐Paredes C, Tellez I, Del Rio C. Rapid HIV Testing. Current HIV/AIDS Reports 2006; 3:169‐75. 97. Franco‐Paredes C, Hidron A, Steinberg JP. Photo Quiz: An 82‐year‐old Female from Guyana with Fever and Back pain. Chyluria due to Wuchereria bancrofti Infection. Clin Infect Dis 2006; 42 (9): 1297; 1340‐1341. 98. Franco‐Paredes C, Kozarsky P, Nicolls D, Dismukes R. Pelvic Echinococcosis in a Northern Iraqi Refugee. J Trav Med 2006. 13 (2): 119‐122. 99. Franco‐Paredes C, Santos‐Preciado JI. Prevention of Malaria in Travelers. Lancet Infect Dis 2006; 6:139‐149. 100. Franco‐Paredes C, Santos‐Preciado JI. Reply to Christenson. Clin Infect Dis 2006; 42: 731‐732.
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101. Franco‐Paredes C, Diaz‐Borjon A, Barragán L, Senger M, Leonard M. The Ever Expanding Association between Tuberculosis and Rheumatologic Diseases. Am J Med 2006; 119:470‐477. 102. Franco‐Paredes C, Rouphael N, Del Rio C, Santos‐Preciado JI. Vaccination Strategies to Prevent Tuberculosis in the New Millennium: From BCG to New Vaccine Candidates. Int J Infect Dis 2006; 10:93‐ 102. 103. Tellez I, Calderon O, Franco‐Paredes C, Del Rio C. West Nile Virus: A Reality in Mexico. Gac Med Mex 2006; 142:493‐9. 104. Franco‐Paredes C, Santos‐Preciado JI. Reply to Christenson. Clin Infect Dis 2006; 42:731‐732. 105. Kieny MP, Costa A, Carrasco P, Perichov Y, Franco‐Paredes C, Santos‐Preciado JI, et al. A Global Pandemic Influenza Vaccine Action Plan. Vaccine 2006; 24:6367‐6370. 106. Franco‐Paredes C, Anna Von, Alicia Hidron, Alfonso J. Rodríguez‐Morales, Ildefonso Tellez, Maribel Barragán, Danielle Jones, Cesar G. Náquira, Jorge Mendez. Chagas Disease: An Impediment in Achieving the Millennium Development Goals in Latin America. BMC Int Health Hum Rights 2007; 7:7. 107. Von A, Zaragoza E, Jones D, Rodriguez‐Morales A, Franco‐Paredes C. New Insights into Chagas Disease: A Neglected Disease in Latin America. J Infect Developing Countries 2007; 1:99‐111. 108. Tellez I, Franco‐Paredes C, Caliendo A, Del Rio C. Rapid HIV Test: A Primer for Clinicians. Infect Med 2007; 24:381‐385. 109. Franco‐Paredes C, Rouphael N, Rodríguez‐Morales A, Folch E, Mendez N, Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 1. General Aspects and Immunopathogenesis. Clin Cardiol 2007; 30:195‐199. 110. Franco‐Paredes C, Rouphael N, Rodríguez‐Morales A, Folch E, Mendez N, Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 2. Myocardial Manifestations of Parasitic Diseases. Clin Cardiol 2007; 30:218‐222. 111. Franco‐Paredes C, Rouphael N, Rodríguez‐Morales A, Folch E, Mendez N, Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 3. Pericardial Manifestations of Parasitic Diseases and Other Cardiopulmonary Manifestations. Clin Cardiol 2007; 30:277‐280. 112. Rouphael N, Talati N, Franco‐Paredes C. A Painful Thorn in the Foot: Eumycetoma. Am J Med Sci 2007; 334:142‐144. 113. Zimmer S, Franco‐Paredes C. Efficacy of Nitazoxanide in the Treatment of Cyclospora cayetanensis in a Patient Allergic to Sulfas. Clin Infect Dis 2007; 44(3):466‐7. 114. Kaplan R, Rebolledo P, Gonzalez E, Franco‐Paredes C. An Unexpected Visitor: Mycobacterium kansasii Cutaneous Infection. Am J Med 2007; 120(5):415‐6. 115. Seybold U, Blumberg H, Talati N, Franco‐Paredes C. Hematogenous Osteomyelitis Mimicking Osteosarcoma due to Community Associated Methicillin‐Resistant Staphylococcus aureus. Infect 2007; 35(3): 190‐3. 116. Liff D, Kraft C, Pohlel K, Sperling L, Chen E, Franco‐Paredes C. Nocardia Nova Aortitis Following Coronary Artery Bypass Surgery. J Am Soc Echo 2007; 20(5):537:e7‐8. 117. Rodriguez‐Morales AJ, Franco‐Paredes C. Paracoccidiodomycosis (South American Blastomycosis) of the Larynx Mimicking Carcinoma. Am J Med Sci 2008; 335:149‐150. 118. Franco‐Paredes C. Filariasis due Loa loa is also a cause of Angioedema. Am J Med 2008; 121(10): e29. 119. Rodriguez‐Morales A, Benitez J, Tellez I, Franco‐Paredes C. Chagas Disease Screening among Latin American Immigrants in Non‐endemic Settings. Travel Medicine and Infectious Disease 2008; 6:162‐3. 120. Talati N, Rouphael N, Kuppali K, Franco‐Paredes C. Spectrum of Central Nervous System Manifestations due to Rapidly Growing Mycobacteria. Lancet Infect Dis 2008; 8:390‐8.
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121. Rifakis P, Rodríguez‐Morales A, Franco‐Paredes C. Atypical Plasmodium vivax Malaria in a Traveler: Bilateral hydronephrosis, Severe Thrombocytopenia, and Hypotension. J Trav Med 2008; 15(2): 119‐21. 122. Osorio‐Pinzon J, Carvajal C, Sussman O, Buitrago R, Franco‐Paredes C. Acute liver failure due to dengue virus infection. Int J Infect Dis 2008; 12: 444‐445. 123. Jacob J, Franco‐Paredes C. The Stigmatization of leprosy in India and its Impact on future approaches to elimination and control. PloS Neglected Tropical Diseases 2008; 30:e113. 124. Difrancesco L, Mora L, Doss M, Small J, Williams M, Franco‐Paredes C. Short of Breath: Not short of diagnosis. J Hosp Med 2009; 4(1):60‐7. 125. Whitaker JA, Edupuganti S, Del Rio C, Franco‐Paredes C. Rethinking Typhoid Fever Vaccines: Implications for travelers and those living in endemic areas. J Travel Med 2009, 16(1): 46‐52. 126. Franco‐Paredes C, Hidron A, Lesesne J, Tellez I, Del Rio C. HIV‐AIDS: Pretravel recommendations and health‐related risks. Topics in HIV 2009; 17(1): 2‐11. 127. Franco‐Paredes C, Jacob JT, Stryjewska B, Yoder L. Two patients with leprosy and the sudden appearance of Inflammation in the skin and new sensory loss. PLoS Negl Trop Dis 2009; 3(9): e425. 128. Franco‐Paredes C, Hidron A, Jacob J, Nicolls D, Kuhar D, Caliendo A. Transplantation and Tropical Infectious Diseases. Int J Infect Dis 2009; 14(3): e189‐96. 129. Parker S, Vogenthaler N, Franco‐Paredes C. Leishmania tropica Cutaneous and Presumptive Concomitant Viscerotropic Leishmaniasis with Prolonged Incubation. Arch Dermatol 2009; 145(9): 1023‐ 6. 130. DiazGranados C, Franco‐Paredes C. HIV and Chagas Disease Co‐Infection: An Evolving Epidemiologic and Clinical Association. Lancet Infect Dis 2009; 9:324‐330. 131. Hidron A, Franco‐Paredes C, Drenkard C. A rare opportunistic infection in a woman with systemic lupus erythematous and multiple skin lesions. Lupus 2009; 18 (12): 1100‐3. 132. Franco‐Paredes C, Kozarsky P. The Bottom Line. Am J Med 2009; 122(12): 1067‐8. 133. Franco‐Paredes C, Bottazzi ME, Hotez PJ. The Unfinished Agenda of Chagas Disease Control in the Era of Globalization. PLoS Negl Trop Dis. 2009 Jul 7; 3(7): e470. 134. Franco‐Paredes C, Carrasco P, Del Rio C, Santos Preciado JI. Respuesta al Brote de Influenza A H1N1. Salud Publ Mex 2009; 51 (3): 183‐186. 135. Franco‐Paredes C. An Unusual Clinical Presentation of Posttraumatic Stress Disorder in a Sudanese Refugee. Journal of Immigrant and Minority Health 2009; 12(2): 267‐9. 136. Kempker R, DiFrancesco L, Gorgojo A, Franco‐Paredes C. Xantogranulomathous pyelonephritis caused by Community‐Associated MRSA. Cases Journal 2009; 2: 7437. 137. Franco‐Paredes C, Carrasco P, Santos‐Preciado JI. The First Influenza Pandemic in the New Millennium: Lessons Learned Hitherto for Current Control Efforts and Overall Pandemic Preparedness. Journal of Immune Based Therapies and Vaccines 2009, 7:2. 138. Livorsi D, Qureshi S, Howard M, Franco‐Paredes C. Brainstem Encephalitis: An Unusual Presentation of Herpes Simplex Virus Infection. J Neurol 2010; 257(9): 1432‐7. 139. Del Rio C, Franco‐Paredes C. The Perennial threat of influenza viruses: The Mexican Experience during the Influenza A (H1N1) 2009 Pandemic. Arch Med Res 2010; 40(8):641‐2.
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140. Santos‐Preciado JI, Franco‐Paredes C, Hernandez‐Ramos MI, Tellez I, Del Rio C, Roberto Tapia‐ Conyer R. What have we learned from the Novel Influenza A (H1N1) Influenza Pandemic in 2009 for strengthening Pandemic Influenza Preparedness? Arch Med Res 2010; 40(8): 673‐6. 141. Franco‐Paredes C, Hernandez‐Ramos MI, Del Rio C, Alexander KT, Tapia‐Conyer R, Santos‐Preciado JI. H1N1 Influenza Pandemics: Comparing the Events of 2009 in Mexico with those of 1976, and 1918‐ 1919. Arch Med Res 2010; 40(8): 6730‐6. 142. Graham A, Furlong S, Owusu K, Margoles L, Franco‐Paredes C. Clinical Management of Leprosy Reactions. Infect Dis Clin Pract 2010; 18: 234‐7. 143. Hidron A, Vogenthaler N, Santos‐Preciado JI, Rodriguez‐Morales AJ, Franco‐Paredes C, Rassi A. Cardiac Involvement with Parasitic Diseases. Clin Microb Rev 2010; 23 (2): 1‐27. 144. Franco‐Paredes C, Zeuli J, Hernandez‐Ramos I, Santos‐Preciado JI. Preserving Idealism in Global Health. Global Health Prom 2010; 17(4): 57‐60. 145. Franco‐Paredes C. Reconstructing the Past of Poliovirus Eradication. Lancet Infect Dis 2010; 10(10): 660‐1. 146. Franco‐Paredes C, Ko AI, Aksoy S, Hotez PJ. A New Clinical Section in PLoS Neglected Tropical Diseases: NTD Photo Quiz. PLoS Neglect Trop Dis 2010; 4(9): e760. 147. Tellez I, Franco‐Paredes C. Actinomycetoma. PLoS Neglect Trop Dis 2010; 4(9): e772. 148. Franco‐Paredes C, Hernandez I, Santos‐Preciado JI. Equidad en inmunizaciones en las poblaciones más vulnerables en Mesoamérica: Plan Regional del Sistema Mesoamericano de Salud Pública. Salud Publ. Mex 2011; 53 Suppl 3:S323‐32. 149. Santos‐Preciado JI, Rodriguez MH, Franco‐Paredes C. Equidad en Salud en America Latina: De la Oficina Panamericana de Salud Pública a la Iniciativa de Salud Pública. Salud Publ. Mex 2011; 53 Suppl 3:S289‐94. 150. Rassi A Jr., Rassi A, Franco‐Paredes C. A Latin‐American woman with palpitations, a right bundle branch block, and an apical aneursym. PLoS Neglect Trop Dis 2011; 5(2):e852. doi: 10.1371/journal.pntd.0000852. 151. Gupta D, Green J, Franco‐Paredes C, Lerakis S. Challenges in the Clinical Management of Blood‐ Culture Negative Endocarditis: the case of Bartonella henselae infection. Am J Med 2011; 124(3):e1‐2. doi: 10.1016/j.amjmed.2010.09.022. 152. Franco‐Paredes C. Health Equity is not only Healthcare Delivery. Lancet 2011; 377: 1238. 153. Franco‐Paredes C, Santos‐Preciado JI. Freedom, Justice, and the Neglected Tropical Diseases. PLoS Neglect Trop Dis 2011; 5(8):e1235. 154. Sellers B, Hall P, Cine‐Gowdie S, Hays AL, Patel K, Lockhart SR, Franco‐Paredes C. Cryptococcus gattii: An Emerging Fungal Pathogen in the Southeastern United States. Am J Med Sci. 2012; 343(6):510‐ 1. doi: 10.1097/MAJ.0b013e3182464bc7. 155. Franco‐Paredes C. Poliovirus eradication. Lancet Infect Dis 2012; 12(6):432‐3. doi: 10.1016/S1473‐ 3099(12)70102‐0. 156. Franco‐Paredes C, Ray S. Causes of persistent of acid‐fast positive smears in patients with pulmonary tuberculosis. Am J Med 2012; 125(12):e3‐4. doi: 10.1016/j.amjmed.2012.03.002.
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157. Franco‐Paredes C. Causes of persistent of acid‐fast positive smears in patients with pulmonary tuberculosis. Am J Med 2013: 126(7):e17. doi: 10.1016/j.amjmed.2013.03.001. 158. Franco‐Paredes C. Illness and Death in the Universe. Perm J. 2013; 17(4):90‐1. 159. Hare A, Franco‐Paredes C. Ocular Larva Migrans: A Severe Manifestation of an Unseen Epidemic. Curr Trop Med Rep 2014; 1: 69‐73. 160. Franco‐Paredes C. Recovering our Human Story. J Cosmology and Philosophy 2014;12: 210‐213. 161. Powell DR, Patel S, Franco‐Paredes C. Varicella‐Zoster virus vasculopathy: The growing association between herpes zoster virus and strokes. Am J Med Sci 2014; 350(3):243‐5. 162. Franco‐Paredes C. The growing threat of leishmaniasis in travelers. Trav Med Infect Dis 2014; 12(6 Pt A):559‐60. doi: 10.1016/j.tmaid.2014.10.020. 163. Franco‐Paredes C, Sellers B, Hayes A, Chane T, Patel K, Lockhart S, Marr K. Management of Cryptococcus gattii meningoencephalitis. Lancet Infect Dis 2014; 15(3):348‐55. 164. White C, Franco‐Paredes C. Leprosy in the 21st Century. Clin Microb Rev 2014; 28(1): 80‐94. 165. Carrasco P, Franco‐Paredes C, Andrus J, Waller K, Maassen A, Symenouh E, Hafalia G. Inaugural conference of the International Association of Immunization Managers (IAIM), Istanbul Turkey, 3‐4 March 2015; Vaccine 2015; 33(33):4047‐50. 166. Franco‐Paredes C, Rodriguez‐Morales AJ. Unsolved matters in leprosy: a descriptive review and call for further research. Ann Clin Microbiol Antimicrob 2016; 15(1):33. 167. Rodriguez‐Morales AJ, Banderia AC, Franco‐Paredes C. The expanding spectrum of modes of transmission of Zika virus: a global concern. Ann Clin Microbiol Antimicrob 2016; 15:13. doi: 10.1186/s12941‐016‐0128‐2. 168. Khan MI, Katrinak C, Freeman A, Franco‐Paredes C. Enteric Fever and Invasive Nontyphidal Salmonellosis – 9th International Conference on typhoid and Invasive NTS Disease, Bali, Indonesia, April 30‐May 3, 2015. Emerg Infect Dis 2016; 22(4): doi: 10.3201/eid2204.151463. 169. Franco‐Paredes C, Khan MI, Santos‐Preciado JI, Gonzalez‐Diaz E, Rodriguez‐Morales AJ, Gotuzzo E. Enteric Fever: A Slow Reponse to An Old Plague. PLoS Negl Trop Dis 2016; 10(5):e0004597. doi: 10.1371/journal.pntd.0004597. 170. Rodriguez‐Morales AJ, Villamil‐Gomez WE, Franco‐Paredes C. The arboviral burden of disease caused by co‐circulation and co‐infection of dengue, chikungunya and Zika in the Americas. Trav Med Infect Dis 2016; 14(3):177‐9. doi: 10.1016/j.tmaid.2016.05.004. 171. Alvarado‐Socarras JL, Ocampo‐Gonzalez M, Vargas Soler JA, Rodriguez‐Morales AJ, Franco‐Paredes C. Congenital and neonatal Chikungunya in Colombia. J Pediatric Infect Dis Soc. 2016;5(3): e17‐20. 172. Franco‐Paredes C, Chastain DB, Ezigbo C, Callins KR. Reducing transmission of HIV in the Southeastern U.S. Lancet HIV 2017; 4(3):e101‐e102. 173. Franco‐Paredes C, Chastain D, Marcos LA, Rodriguez‐Morales AJ. Cryptococcal meningoencephalitis in AIDS: When to start antiretroviral therapy? Ann Clin Microbiol Antimicrob 2017; 16:9. 174. Khan MI, Franco‐Paredes C, Ochiai RL, Mogasale V, Sushant S. Barriers to typhoid fever vaccine access in endemic countries. Research and Reports in Tropical Medicine; 2017; 8:37‐44.
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175. Franco‐Paredes C, Chastain D, Taylor P, Stocking S, Sellers B. Boar hunting and brucellosis caused by Brucella suis. Trav Med Infect Dis 2017; S1477‐8939(17): 30037‐6. 176. Chastain DB, Henao‐Martinez AF, Franco‐Paredes C. Cryptococcal Antigen Negative Cryptococcal Meningoencephalitis. Diagn Microbiol Infect Dis 2017; 89(2): 143‐145. 177. Chastain DB, Henao‐Martinez A, Franco‐Paredes C. Opportunistic invasive fungal infections in HIV/AIDS: Cryptococcosis, Histoplasmosis, Coccidioidomycosis and Talaromycosis. Current Infect Dis Rep 2017; 19(10): 36. 178. Chastain DB, Kayla Stover, Franco‐Paredes C. Adressing Antiretroviral Therapy‐Associated Drug‐ Drug Interactions in Patients Requiring Treatment for Opportunistic Infections in Low‐Income and Resource‐Limited Settings. J Clin Pharmacol 2017; 57(11):1387‐1399. 179. Franco‐Paredes C. The Harmony of Disequilibrium. Permanente J. 2017; 22. doi: 10.712/TPP/17‐ 067. 180. Franco‐Paredes C, Henao‐Martinez A, Chastain DB. A 27‐year‐old male with blurry vision, oral and nasal mucosal lesions, and a skin rash. Clin Infect Dis 2018; 181. Henao‐Martinez AF, Olague N, Franco‐Paredes C. Spontaneous Mycobacterium bolletti skin abscesses —an under recognized zoonosis from raw bovine milk. Trav Med Infect Dis 2018 Jan 29. pii: S1477‐8939(18)30003‐6. doi: 10.1016/j.tmaid.2018.01.003. PMID: 29477362. 182. Franco‐Paredes C, Henao‐Martinez AF, Mathur S, Villamil‐Gomez W. A Man Who Harvest Peanuts with Verrucous Lesions in his Right Index Finger. Am J Med Sci 2018; Mar; 355(3):e7. doi: 10.1016/j.amjms.2017.11.010. Epub 2017 Nov 22. No abstract available. PMID: 2954993 183. Henao‐Martinez AF, Franco‐Paredes C, Palestine A, Montoya G. Symptomatic acute toxoplasmosis in returning travelers. Open Forum Infect Dis 2018;5(4):ofy058. doi: 10.1093/ofid/ofy058. eCollection 2018 Apr. PMID: 29644250. 184. Steele GM, Franco‐Paredes C, Chastain DB. Non‐infectious causes of fever in adults. Nurse Pract 2018Apr 19; 43(4):38‐44. doi: 10.1097/01.NPR.0000531067.65817.7d. 185. Henao‐Martinez AF, Chastain DB, Franco‐Paredes C, Treatment of cryptococcosis in non‐HIV immunocompromised patients. Curr Opin Infect Dis 2018; PMID 29738314. 186. Chastain DB, Sam JI, Steele GM, Lowder LO, Franco‐Paredes C. Expanding Spectrum of Toxoplasmosis gondii: Thymoma and Toxoplasmic encephalitis. Open Forum Infect Dis 2018; Jul 7;5(7):ofy163. doi: 10.1093/ofid/ofy163. eCollection 2018 Jul.. 187. Bruner KT, Chastain DB, Henao‐Martinez AF, Franco‐Paredes C. Cryptococcus gattii complex infections in HIV‐infected patients, Southeastern United States. Emerg Infect Dis 2018; 24(11): 1998‐ 2002. 189. José A. Suárez, Lolimar Carreño, Alberto E. Paniz‐Mondolfi, Francisco J. Marco‐Canosa, Héctor Freilij, Jorge A. Riera, Alejandro Risquez, Andrea G. Rodriguez‐Morales, Evimar Hernández‐Rincón, Jorge Alvarado‐Socarras, Gustavo Contreras, Maritza Cabrera, Rosa M. Navas, Fredi Díaz‐Quijano, Tamara Rosales, Rosa A. Barbella‐Aponte, Wilmer E. Villamil‐Gómez, Marietta Díaz, Yenddy Carrero, Anishmenia Pineda, Nereida Valero‐Cedeño, Cesar Cuadra‐Sánchez, Yohama Caraballo‐Arias, Belkis J. Menoni‐ Blanco, Giovanni Provenza, Jesús E. Robles, María Triolo‐Mieses, Eduardo Savio‐Larriera, Sergio
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Cimerman, Ricardo J. Bello, Carlos Franco‐Paredes, Juliana Buitrago, Marlen Martinez‐Gutierrez, Julio Maquera‐Afaray, Marco A. Solarte‐Portilla, Sebastián Hernández‐Botero, Krisell Contreras, Jaime A. Cardona‐Ospina, D. Katterine Bonilla‐Aldana, Alfonso J. Rodriguez‐Morales. Infectious Diseases, Social, Economic and Political Crises, Anthropogenic Disasters and Beyond: Venezuela 2019‐Implications for public health and travel medicine. Rev Panam Enf Inf 2018; 1(2):73‐93. 190. Gharamati A, Rao A, Pecen PE, Henao‐Martinez AF, Franco‐Paredes C, Montoya JG. Acute Disseminated Toxoplasmosis with Encephalitis. Open Forum Infect Dis 2018; Oct 17; 5 (11):ofy259. doi: 10.1093/ofid/ofy259. 191. Franco‐Paredes C, Rodriguez‐Morales AJ, Luis A. Marcos, Henao‐Martinez AF, Villamil‐Gomez WE, Gotuzzo E, Bonifaz A. Cutaneous Mycobacterial Diseases. Clin Microb Rev 2018; 14; 32(1). pii: e00069‐18. doi: 10.1128/CMR.00069‐18. 192. Henao‐Martínes AF, Pinto N, Henao San Martin V, Franco‐Paredes C, Gharamati A. Successful Treatment of Gonococcal Osteomyelitis with One Week of Intravenous Antibiotic Therapy. Int J STDs HIV 2019; 193. Reno E, Foster G, Franco‐Paredes C, Henao‐Martinez AF. Fatal fulminant hepatitis A in a US traveler returning from Peru. J Trav Med 2019. 194. Canfield G, C, Mann S, Zimmer S, Franco‐Paredes C. A 31‐Year‐Old Micronesian Man with Shoulder Fungating Mass. Clin Infect Dis 2019; 195. Parra‐Henao G, Oliveros H, Hotez PJ, Motoa G, Franco‐Paredes C, Henao‐Martínez AF. In Search of Congenital Chagas Disease in the Sierra Nevada de Santa Marta, Colombia. Am J Trop Med Hyg. 2019;101(3):482‐483. doi: 10.4269/ajtmh.19‐0110. PMID: 31264558. 196. Bonilla‐Aldana DK, Suárez JA, Franco‐Paredes C, Vilcarromero S, Mattar S, Gómez‐Marín JE, Villamil‐ Gómez WE, Ruíz‐Sáenz J, Cardona‐Ospina JA, Idarraga‐Bedoya SE, García‐Bustos JJ, Jimenez‐Posada EV, Rodríguez‐Morales AJ. Brazil burning! What is the potential impact of the Amazon wildfires on vector‐ borne and zoonotic emerging diseases? ‐ A statement from an international experts meeting. Travel Med Infect Dis. 2019:101474. doi: 10.1016/j.tmaid.2019.101474. 197. Henao‐Martinez AF, Archuleta S, Vargas D, Franco‐Paredes C. A Latin American patient with a left ventricular pseudoaneurysm presenting with progressive dyspnea and palpitations. Am J Med 2019; doi: 10.1016/j.amjmed.2019.10.006 198. Canfield GS, Henao‐Martinez AF, Franco‐Paredes C, Zhelnin K, Wyles D, Gardner EM. Corticosteroids for post‐transplant Immune reconstitution syndrome in Cryptococcus gattii Meningoencephalitis: Case report and literature review. Open Forum Infect Dis 2019; 6(11): ofz460. Doi: 10.1093/ofid/ofz460. PMID: 31737740. 199. Kon S, Hawkins K, Franco‐Paredes C. Intramedullary Spinal Cord Lesions in an Immunocompromised Host due to Mycobacterium Haemophilum. ID Cases 2019; 200. Franco‐Paredes C, Rodriguez‐Morales AJ, Henao‐Rodriguez AJ, Carrasco P, Santos‐Preciado JI. Vaccination Strategies to prevent paralytic poliomielitis due to cVDPV2. Lancet Infect Dis 2019;
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201. Motoa G, Pate A, Franco‐Paredes C, Chastain D, Henao‐Martinez Aj, Hojat L. Use of procalcitonin to guide discontinuation of antimicrobial therapy in patients with persistent intra‐abdominal collections: A case series. Case Rep Infect Dis 2019; 202. Murillo‐Garcia D, Galindo J, Pinto N, Motoa G Benamu E, Franco‐Paredes C, Chastain D, Henao‐ Martinez AF. Anaerobic bacteremias in left ventricular assist devices and advanced heart failure. Case Rep Infect Dis 2019; 204. Franco‐Paredes, C, Villamil‐Gómez Wilmer E., Schultz, J, Henao‐Martínez AF, Parra‐Henao, G, Rassi Jr. A, Rodriguez‐Morales AJ, Suarez JA. A Deadly Feast: Elucidating the Burden of Orally Acquired Acute Chagas Disease in Latin America ‐ Public Health and Travel Medicine Importance. Trav Med Infect Dis 2020; 205. Reno E, Quan N, Franco‐Paredes C, Chastain DB, Chauhan L, Rodriguez‐Morales AJ, Henao‐Martinez A. Prevention of Yellow Fever in Travelers: An Update. Lancet Infect Dis 2020; 206. Franco‐Paredes C, Griselda Montes de Oca Sanchez, Cassandra White. Global Leprosy Status 2020: Still Losing Touch. Ann Acad Med Singapore 2020; 207. Rodriguez‐Morales AJ, Gallego V, Escalera‐Antezana JP, Mendez CA, Zambrano LI, Franco‐Paredes C, Suarez JA, Rodriguez‐Enciso HD, Balbin‐Ramon GH, Savio‐Larriera E, Risquez A, Cimerman S. COVID‐19 in Latin America: The implications of the first confirmed case in Brazil. Travel Med Infect Dis 2020; doi: 10.1016/j.tmaid.2020.101613. 208. Rodríguez‐Morales AJ, Cardona‐Ospina JA, Gutiérrez‐Ocampo E, Villamizar‐Peña R, Holguin‐Rivera Y, Escalera‐Antezana JP, Alvarado‐Arnez LE, Bonilla‐Aldana DK, Franco‐Paredes C, Henao‐Martinez AF, Paniz‐Mondolfi A, Lagos‐Grisales GJ, Ramírez‐Vallejo E, Suárez JA, Zambrano LI, Villamil‐Gómez WE, Balbin‐Ramon GJ, Rabaan AA, Harapan H, Dhama K, Nishiura H, Kataoka H, Ahmad T, Sah R, On behalf of the Latin American Network of Coronavirus Disease 2019‐COVID‐19 Research (LANCOVID‐19) (www.lancovid.org). Clinical, Laboratory and Imaging Features of COVID‐19: A systematic review and meta‐analysis. Travel Med Infect Dis 2020; 209. Meyer J, Franco‐Paredes C, Yaizal F, Gartland M, Parmar P. COVID‐19 and the Coming Plague in U.S. Immigration Detention Centers. Lancet Infect Dis 2020; 210. Basco SA, Steele GM, Henao‐Martinez AF, Franco‐Paredes C, Chastain DB. Unexpected etiology of a pleural empyema in a patient with chronic lymphocytic leukemia (CLLL): Capnocytophaga ochracea. ID Cases 2020: Mar 20;20:e00747. doi: 10.1016/j.idcr.2020.e00747. eCollection 2020. 211. Franco‐Paredes C. Albert Camus’ ‘The COVID‐19 Plague” Revisited. Clin Infect Dis 2020 Apr 17. pii: ciaa454. doi: 10.1093/cid/ciaa454.PMID: 32301966. 212. Pritchett MA, Oberg CL, Belanger A, De Cardenas J, Cheng G, Cumbo Nacheli G, Franco‐Paredes C, Singh J, Toth J, Zgoda M, Folch E. Society for Advanced Bronchoscopy Consensus Statement and Guidelines for bronchoscopy and airway management aid the COVID‐19 pandemic. J Thorac Dis 2020 | http://dx.doi.org/10.21037/jtd.2020.04.32. 213. Reno E, Quan NG, Franco‐Paredes C, Chastain DB, Chauhan L, Rodriguez‐Morales AJ, Henao‐ Martínez AF. Prevention of yellow fever in travellers: an update. Lancet Infect Dis. 2020 May 7. pii: S1473‐3099(20)30170‐5. doi: 10.1016/S1473‐3099(20)30170‐5. PMID: 32386609.
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214. Mann S, Phupitakphol T, Davis B, Newman S, Suarez JA, Henao‐Martínez A, Franco‐Paredes C. Cutaneous Leishmaniasis due to Leishmania (Viannia) panamensis in Two Travelers Successfully Treated with Miltefosine. Am J Trop Med Hyg. 2020 Apr 20. doi: 10.4269/ajtmh.20‐0086. [Epub ahead of print]. PMID: 32314693. 215. Meyer JP, Franco‐Paredes C, Parmar P, Yasin F, Gartland M. COVID‐19 and the coming epidemic in US immigration detention centres. Lancet Infect Dis. 2020 Apr 15. pii: S1473‐3099(20)30295‐4. doi: 10.1016/S1473‐3099(20)30295‐4. [Epub ahead of print] No abstract available.PMID: 32304631. 217. Franco‐Paredes C. Albert Camus' 'The COVID‐19 Plague' Revisited. Clin Infect Dis. 2020 Apr 17. pii: ciaa454. doi: 10.1093/cid/ciaa454. [Epub ahead of print] No abstract available. PMID: 32301966. 217. Solis J, Franco‐Paredes C, Henao‐Martínez AF, Krsak M, Zimmer SM. Structural Vulnerability in the United States Revealed in Three Waves of Novel Coronavirus Disease (COVID‐19). Am J Trop Med Hyg. 2020 May 7. doi: 10.4269/ajtmh.20‐0391. PMID: 32383432. 218. Krsak M, Henao‐Martinez AF, Franco‐Paredes C. Broader COVID‐19 Testing in Correctional Facilities. N Engl J Med 2020; 219. Canfield G, Schultz J, Windham S, Scherger S, Henao‐Martinez AF, Franco‐Paredes C, Shapiro L, Chastain D, Wand T, Krsak M. Empiric Therapies during the COVID‐2019 Pandemic: Destined to Fail by Ignoring the Lessons of History. J Hosp Med 2020; 220. Jankousky K, Henao‐Martinez AF, Franco‐Paredes C, Shapiro L. Preventing SARS‐CoV‐2 Infection by Blockage of tissue serine proteases. Ther Adv Infectious Dis 2020; 221. Bonfiglio J, Rosal K, Franco‐Paredes C, Poeschla E, Henao‐Martinez AJ, Dunlevy H, Haas M, Moo‐ Young J, Seefeldt T, Young J. The Long Journey inside Immigration Detention Centers in the U.S. J Travel Med 2020; 222. Franco‐Paredes C, Henao‐Martinez AJ, Rodriguez‐Morales AJ, Chauhan L, Khan MI. Current challenges to achieving a polio free world. Ann Acad Med Singapore 2020;
BOOK CHAPTERS: Franco‐Paredes C, Albrecht H. Anisakiasis (2007). In: Antimicrobial Therapy and Vaccines; Volume I: Microbes (www.antimicrobe.org), Yu VL, et al. (Ed). ESun Technologies, Pittsburgh, PA. 2007. Franco‐Paredes C, Albrecht H. Visceral Larva Migrans (2007). In: Antimicrobial Therapy and Vaccines; Volume I: Microbes (www.antimicrobe.org), Yu VL, et al. (Ed). ESun Technologies, Pittsburgh, PA. 2007. Franco‐Paredes C. American Trypanosomiasis. Chagas’Disease. In: Eds: Kozarsky P, Arguin P, Reed C. Yellow Book: Health Information for Travelers 2007‐2008, Centers for Disease Control and Prevention, Elsevier Ltd. Franco‐Paredes C. The Post‐travel Period. In: Eds: Kozarsky P, Arguin P, Reed C. Yellow Book: Health Information for Travelers 2007‐2008, Centers for Disease Control and Prevention, Elsevier Ltd. Hidron A, Franco‐Paredes C. American Trypanosomiasis. Chagas’Disease. In: Eds: Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2009‐2010, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. ISBN: 978‐0‐7020‐3481‐7.
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Franco‐Paredes C. General Approach to the Returned Traveler. In: Eds: Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2009‐2010, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. ISBN: 978‐0‐7020‐3481‐7. Franco‐Paredes C. Asymptomatic Screening of the Returned Traveler. In: Eds: Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2009‐2010, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. ISBN: 978‐0‐7020‐3481‐7. Franco‐Paredes C, Santos‐Preciado JI. Introduction of Antimicrobial Agents in Poor‐Resource Countries: Impact on the Emergence of Resistance. In: Antimicrobial Resistance in Developing Countries. Ed. Byarugaba DK, Sosa A. Springer Science & Business Media, 2010. Hidron A, Franco‐Paredes C. American Trypanosomiasis. Chagas’Disease. In: Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2011‐2012. Centers for Disease Control and Prevention, Elsevier Ltd, 2011. ISBN: 978‐0‐7020‐3481‐7. Franco‐Paredes C, Hochberg N. General Approach to the Returned Traveler. In: Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2011‐2012, Centers for Disease Control and Prevention, Elsevier Ltd, 2011. ISBN: 978‐0‐7020‐3481‐7. Franco‐Paredes C. Asymptomatic Screening of the Returned Traveler. In: Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2011‐2012, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. ISBN: 978‐0‐7020‐3481‐7. Hochberg N, Franco‐Paredes C. Emerging Infections in Mobile Populations. In: Emerging Infections 9. Ed. Scheld WM, Grayson ML, Hughes JM. American Society of Microbiology Press 2010. ISBN. 978‐1‐55581‐ 525‐7. Franco‐Paredes C, Chagas Disease (American Trypanosomiasis). In: Farrar J, Hotez P, Junghanss T, Kang G, Lalloo D, White NJ. Manson’s Tropical Medicine 23rd Edition, Elsevier, London, U.K., 2014. Franco‐Paredes C, Keystone J. Fever in the Returned Traveler. In: Empiric, Antimicrobial Therapy and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies, Pittsburgh, PA, 2014. Franco‐Paredes C. Mycobacterium leprae (Leprosy). In: Antimicrobial Therapy and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies, Pittsburgh, PA, 2015 Franco‐Paredes C, Albrecht H. Anisikasis In: Antimicrobial Therapy and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies, Pittsburgh, PA, 2015. Franco‐Paredes C. Illness and Death in the Universe. In: Narrative Medicine Anthology. Ed: Tom Janisse. The Permanente Press, Oakland, California, Portland Oregon, 2016, pp. 23‐25. ISBN: 978‐0‐9770463‐4‐8. Villamil‐Gomez W, Reyes‐Escalante M, Franco‐Paredes C. Severe and complicated malaria due to Plasmodium vivax. In: Current Topics in Malaria. Ed: Rodriguez‐Morales AJ. ISBN 978‐953‐51‐2790‐1, Print ISBN 978‐953‐51‐2789‐5. InTechOpen 2016. Franco‐Paredes C. Mycobacterial Infections of the Central Nervous System. In: The Microbiology of the Central Nervous System Infections. Ed. Kon K, Rai M. Elsevier 2018. ISBN 978‐0‐12‐813806‐9 Franco‐Paredes C. Leprosy. In: Neglected Tropical Diseases. Drug Discovery and Development. Ed: Swinney D, Pollastri. Wiley‐VCH Verlag GmbH & Co. KGaA, 2019. Franco‐Paredes C, Henao‐Martinez AJ. Legal Perspectives in Travel Medicine. In: Eds: Kozarksy P, Weinberg M. Yellow Book: Health Information for Travelers 2019‐2020, Centers for Disease Control and Prevention, Elsevier Ltd, 2011. ISBN: 978‐0‐7020‐3481‐7. Franco‐Paredes C. Prevención de la transmisión. In: Guerrero MI, Hernández CA y Rodríguez G Editores La lepra: una enfermedad vigente. Centro Dermatológico Federico Lleras Acosta Bogotá DC, Colombia. Panamericana Formas e Impresos. 2019. p. 309‐322.
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Published Abstracts in Peer‐Reviewed Journals: Kleinschmidt‐DeMasters B, Hawkins K, Franco‐Paredes C. Non‐tubercular mycobacterial spinal cord abscesses in an HIV plus male due M. haemophilum. J Neuropathol Experim Neurol 2018; 77(6): 532. Pate A, Franco‐Paredes C, Henao‐Martinez A. Cryptococcal meningitis: A comparison of clinical features and outcomes by HIV Status. Open Forum Infect Dis 2019; Oct 6 (Suppl 2): S629‐S630. PMC6809090.

FORMAL TEACHING

Medical Student Teaching

2001 ‐ 2002 Clinical Methods, Emory University School of Medicine

2001 ‐ 2002 Clinical Instructor Harvey Cardiology Course, Emory University School of Medicine

2001 ‐ 2002 Problem‐Based Learning for Second year Medical Students, EUSM

2005‐2011 Clinical Methods Preceptor, ECLH

2006‐2008 Medical Spanish ‐ Instructor for M2, EUSM

2006‐2007 Directed Study on Social Determinants of Infectious Diseases for M2 students (Lindsay

Margolis and Jean Bendik), EUSM

2007‐2011 Instructor ‐ Global Health for M2 Students, EUSM

2007‐2008 Presentation‐Case Discussion – Social Determinants of Diseases – Coordinated by Dr. Bill

Eley – Emory School of Medicine New Curriculum.

2018‐

Small Group: Parasitic Diseases, Microbiology Course for First Year Medical Students,

University of Colorado, Anschutz Medical Center.

2019‐

MS‐2 Small group discussion Microbiology, University of Colorado, Anschutz Medical

Center: Parasitic Diseases, CNS Infections, Septic Arthritis‐Cat Bite

2019‐

Class Global Health and Underserved Populations of the New SOM CU Curriculum.

Course Co‐Director. Pilot Class (Jan 6‐Jan 17, 2020).

2020‐

MS‐2 Small group discussion Microbiology, University of Colorado, Anschutz Medical

Center: Parasitic Diseases, CNS Infections, Septic Arthritis‐Cat Bite

Graduate Program

Training programs

2006‐2011 Professor ‐ GH511 (Global Health 511) International Infectious Diseases Prevention and

Control, Rollins School of Public Health

2009‐2011 Professor – GH500 D – Key Issues in Global Health, Career MPH Program

2006‐2011 Thesis Advisor to students Global Health Track – Hubert Department of Global Health,

Rollins School of Public Health of Emory University

2008‐2011 Coordinator International Exchange between Rollins School of Public Health and

National Institute of Public Health, Cuernavaca, Mexico – Supported by the Global

Health Institute of Emory University

Residency and Fellowship Program:

2004‐2011 Resident Report – Noon Conferences Emory Crawford Long Hospital and Grady

Memorial Hospital

2004‐2011 Didactic Lectures on Parasitic Diseases and Non‐tuberculous mycobacterial diseases for

Internal Medicine Residents and Infectious Disease Fellows

2005‐2008 Coordinator Journal Club Infectious Disease Division

2005‐2011 Travel Medicine Elective, Internal Medicine Residents (2 internal residents per month)

20

Case 3:20-cv-00293-JWD-EWD Document 31-9 05/27/20 Page 21 of 25

Carlos Franco-Paredes, MD, MPH

2005

Grand Rounds – EUH ‐ Department of Medicine: “Travel Medicine”

2006

Grand Rounds – ECLH – Department of Medicine: “Malaria”

2008

Grand Rounds ‐ ECLH – Department of Medicine: “Leprosy”

2008‐2011 Journal Club Coordinator, Internal Medicine Residency Program – ECLH

2009

Grand Rounds ‐ EUH – Department of Medicine: “Leprosy a Modern Perspective of an

Ancient Disease”

2009

Grand Rounds – Pulmonary and Critical Care Division – Neglected Tropical Diseases of

the Respiratory Tract, June 16, 2009

2017

Grand Rounds – Leprosy, University of Colorado, Anschutz Medical Center, Division of

Infectious Diseases, December 2017

2017

Grand Rounds – Infections associated with Secondary Antiphospholid Syndrome,

University of Colorado, Anschutz Medical Center, Division of Rheumatology,

2018

Didactic Session – Travel Medicine (Pretravel and Postravel) Infectious Diseases

Fellowship Anschutz Medical Center, Division of Infectious Diseases

2017‐

Infectious Diseases Fellows Clinic, University of Colorado, Anschutz Medical Center,

IDPG.

2019

Invited Speaker: Travel Medicine, Pretravel/Postravel Care, Physician Assistant Program,

September 12, 2019, University of Colorado, Anschutz Medical Center

Other categories:

2000‐2002 Physician Assistant Supervision during Fellowship/Junior Faculty, Emory University

2004‐2007 Mentoring of four College Students to enter into Medical School (Emory, Southern

University, and Dartmouth):

Lindsay Margolis 2004‐Emory University

Michael Woodworth 2005 – Emory University

Peter Manyang 2007 – Southern University

Padraic Chisholm 2007 – Southern University/Emory University

2009‐2011 Project Leader. Partnership – Emory Global Health Institute – University‐wide ‐ Emory

Travel Well Clinic and is titled Hansen’s disease in the state of Georgia: A Modern

Reassessment of an Ancient Disease”.

http://www.globalhealth.emory.edu/fundingOpportunities/projectideas.php. Students:

5 MPH students (RN/MPH, MD/MPH)

2017‐

Infectious Diseases Fellowship Program, University of

Colorado, Anschutz Medical Center. Teaching activities

Inpatient and outpatient (ID Fellows Weekly Clinic)

2019‐

Infectious Diseases Fellowship Program Director

University of Colorado, Aurora Colorado

Supervisory Teaching: Ph.D. students directly supervised: Global Health, Rollins School of Public Health ‐ PhD Task Force Member – 2007‐2009 Residency Program: Emory University: Internal Medicine Residents and Infectious Disease Fellows Supervision – Inpatient Months – 3‐4 months per year on Grady Wards. I participated in the presentation and discussion of clinical cases, and discussion of peer‐reviewed journal with medical students, residents, and fellows. Overall evaluations: Outstanding Teacher. (Anna Von 2005‐2006; Seth Cohen 2008, Susana Castrejon
21

Case 3:20-cv-00293-JWD-EWD Document 31-9 05/27/20 Page 22 of 25
Carlos Franco-Paredes, MD, MPH
2007; Lindsay Margoles 2007‐2008; Jean Bendik 2006‐2008; Meredith Holtz 2007‐2008) University of Colorado, Anschutz Medical Center (since June 2017‐ present). Case discussion in infectious diseases during clinical rounds inpatient services (ID Gold, ID Blue, ID Orthopedics). 2004‐2009 Thesis advisor – MPH Students – Hubert Department of Global Health – Concentration Infectious Diseases: Brenda Thompson 2004; Katrina Hancy 2004; Trina Smith 2006; Melissa Furtado 2007‐2008; Oidda Museru 2008‐2009; Hema Datwani 2010; Ruth Moro 2010; Talia Quandelacy 2010 2015 – Class GH511, Topic: “Leprosy” as part of the International Infectious Diseases, Global Health Track, Rollins Schoolf of Public Health, Emory University, Atlanta GA 2017 – Class GH511, Topic: “Leprosy” as part of the International Infectious Diseases, Global Health Track, Rollins School of Public Health, Emory University, Atlanta GA 2019 ‐ Project Mentorship – Diffuse lepromatous leprosy. Undergraduate Student, University of Colorado, Boulder. Mikali Ogbasselassie. Project was carried out in Collaboration with the Dermatology Center of the Hospital General de Mexico. Poster presentation by Mikali Ogbasselassie September 22, 2019, UMBC, Baltimore, Maryland.
Activities during the COVID-19 Pandemic targeting protecting vulnerable groups living in the US including outbreaks of COVID-19 in Jails/Prisons/ICE Detention centers/community reengagement facilities (i.e. hallway houses)
In-person inspections in facilities with outbreaks of COVID-19 in collaboration with civil rights attorneys from ACLU and Civil Right Corps. Goal to improve conditions in jails and prisons and to promote decarcelation Jail Inspection Weld County Jail April 10, 2020 Jail Inspection Weld County Jail April 24, 2020 Jail Inspection Oakland County, Jail, Pontiac Michigan April 23, 2020
In-person inspections in facilities with COVID-19 outbreaks –court appointed Jail Inspection Prince George’s County Jail, Maryland, May 6, 2020 (Court Appointed, Federal Judge, Paola Xinis, Maryland) Jail Inspection Prince George’s County Jail, Maryland, May 7, 2020 (Court Appointed, Federal Judge, Paola Xinis, Maryland)
Declarations- Affidavits L.A. County Jail West Metro Detention Center, Florida Florence, Arizona, Prison, Arizona
Advocacy Letters:
22

Case 3:20-cv-00293-JWD-EWD Document 31-9 05/27/20 Page 23 of 25
Carlos Franco-Paredes, MD, MPH
1. Dean Williams – Executive Director of the Colorado Department of Corrections, Governor Jared Polis and correctional leaders. https://acluco-wpengine.netdna-ssl.com/wpcontent/uploads/2020/03/COVID-19-Letter-C-Franco-Paredes-MD.pdf I have kept in direct communication with Mr. Williams to provide recommendations regarding release of prisoners, testing strategies, and population management at Sterling Prison in Colorado.
2. Letter to CDC. https://www.drugpolicy.org/sites/default/files/cdc-letter-decarceration_0.pdf
3. Letter New Jersey Senator Melendez to Department of Homeland Security https://www.menendez.senate.gov/download/letter‐dhs‐ice‐release‐vulnerable‐detainees‐ covid19
Other Publications:
Articles in Magazines and Newspapers COVID‐19
Colorado Sun ‐ Op‐ED‐ COVID‐19 https://coloradosun.com/2020/03/29/colorado‐immigrant‐detention‐coronavirus‐geo‐ opinion/Westword
Westword https://www.westword.com/news/petition‐asks‐supreme‐court‐to‐help‐lower‐colorado‐jail‐population‐ 11680821
Reuters https://www.reuters.com/article/us‐health‐coronavirus‐usa‐detention‐insi/as‐pandemic‐rages‐u‐s‐ immigrants‐detained‐in‐areas‐with‐few‐hospitals‐idUSKBN21L1E4
Mother Jones https://www.motherjones.com/politics/2020/03/ice‐is‐ignoring‐recommendations‐to‐release‐ immigrant‐detainees‐to‐slow‐the‐spread‐of‐coronavirus/
Expansion https://expansion.mx/mundo/2020/04/06/centros‐de‐detencion‐de‐migrantes‐en‐eu‐una‐bomba‐de‐ tiempo‐ante‐la‐pandemia.
Mother Jones https://www.motherjones.com/politics/2020/04/a‐doctor‐on‐ices‐response‐to‐the‐pandemic‐you‐ could‐call‐it‐covid‐19‐torture/
ACLU Colorado https://aclu‐co.org/doingmypartco/ Westword https://www.westword.com/news/petition‐asks‐supreme‐court‐to‐help‐lower‐colorado‐jail‐population‐
23

Case 3:20-cv-00293-JWD-EWD Document 31-9 05/27/20 Page 24 of 25
Carlos Franco-Paredes, MD, MPH
11680821
Theappeal.org https://theappeal.org/colorado‐supreme‐court‐fails‐to‐protect‐state‐residents‐as‐coronavirus‐grows‐ exponentially‐in‐jail/
The Gazette https://gazette.com/opinion/guest‐column‐how‐covid‐19‐underscores‐the‐consequences‐of‐mass‐ incarceration/article_d5f389ce‐80c1‐11ea‐a978‐9f1fe73dc0a2.html.
The Daily Tribune https://www.dailytribune.com/news/coronavirus/federal‐judge‐to‐consider‐dismissing‐lawsuit‐more‐ changes‐at‐oakland‐county‐jail‐due‐to‐covid/article_34314ff1‐9620‐5a90‐a546‐f2f4c0f92a4f.html
COVID‐19 parole informational guide for sponsors https://pennstatelaw.psu.edu/sites/default/files/IJP_SIFI%20COVID‐ 19%20Pro%20Se%20Parole%20Request%20Information%20Packet%20ENG%20MAR%202020‐ final%20web.pdf
Letter New Jersey Senator Melendez to Department of Homeland Security https://www.menendez.senate.gov/download/letter‐dhs‐ice‐release‐vulnerable‐detainees‐covid19
The Washington Post https://www.washingtonpost.com/local/public‐safety/federal‐judge‐orders‐inspection‐of‐pr‐georges‐ jail‐after‐inmates‐worried‐about‐coronavirus‐sue/2020/05/01/349436fe‐8bc1‐11ea‐9dfd‐ 990f9dcc71fc_story.html
MichiganRadio NPR https://www.michiganradio.org/post/i‐fear‐i‐may‐die‐here‐inmates‐oakland‐county‐jail‐plead‐help‐ lawsuit
The Crime Report https://thecrimereport.org/2020/04/23/is‐dysfunctional‐migrant‐health‐care‐fueling‐infections/
Witness L.A. https://witnessla.com/searing‐new‐law‐suit‐describes‐la‐county‐jail‐conditions‐that‐are‐an‐incubator‐ for‐death/
Detroit Free Press https://www.freep.com/story/news/local/michigan/2020/05/05/wayne‐county‐jail‐coronavirus‐lawsuit‐ medically‐vulnerable‐inmates/3076656001/
The Washington Post https://www.washingtonpost.com/local/public‐safety/prince‐georges‐jail‐must‐plan‐to‐test‐more‐ inmates‐for‐covid‐19‐federal‐judge‐orders/2020/05/11/b989a420‐93b4‐11ea‐9f5e‐
24

Case 3:20-cv-00293-JWD-EWD Document 31-9 05/27/20 Page 25 of 25 Carlos Franco-Paredes, MD, MPH
56d8239bf9ad_story.html Denver Post
https://www.denverpost.com/2020/05/15/coronavirus-covid-testing-colorado-jails/
Accounts and Legal Proceedings of individuals Released from Jails, Prisons, and Immigration Detention Centers (Releases, Temporary Restriction Orders, and Preliminary Injunctions
1. Faour Abdallah Fraihat, et al. V. U.S. Immigration and Customs Enforcement grant Motion for preliminary injunction and class certification by the United States District Court of California
2. El Paso, Texas. Immigration Detention Center 3. Thomas O’Meara – Release of 4 Detainees from Taylor, Texas Detention Center 4. New York, Basanak vs. Thomas Decker. Temporary Restriction Order/Preliminary Injunction. 5. Daniel Williams, ACLU, Colorado. Thomas Carranza et al vs. Steven Reams. Temporary
Restriction Order by Judge Phillip J. Brimmer, United States District of Colorado
25

 
 Case 3:20-cv-00293-JWD-EWD Document 34 05/27/20 Page 1 of 35

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA

J.H., by and through his mother and next friend, N.H.; I.B., by and through his parents and next friends, A.B. and I.B., on behalf of themselves and all others similarly situated,

Plaintiffs-Petitioners,

-against-
JOHN BEL EDWARDS, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF LOUISIANA; THE LOUISIANA OFFICE OF JUVENILE JUSTICE; EDWARD DUSTIN BICKHAM, IN HIS OFFICIAL CAPACITY AS INTERIM DEPUTY SECRETARY OF THE LOUISIANA OFFICE OF JUVENILE JUSTICE; JAMES WOODS, IN HIS OFFICIAL CAPACITY AS THE DIRECTOR OF THE ACADIANA CENTER FOR YOUTH; SHANNON MATTHEWS, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE BRIDGE CITY CENTER FOR YOUTH; SHAWN HERBERT, IN HER OFFICIAL CAPACITY AS THE DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT MONROE; and RODNEY WARD, IN HIS OFFICIAL CAPACITY AS THE DEPUTY DIRECTOR OF THE SWANSON CENTER FOR YOUTH AT COLUMBIA,

CIVIL ACTION NO. 3:20-cv-00293-JWDEWD
CLASS ACTION

Defendants-Respondents.

THE LOUISIANA OFFICE OF JUVENILE JUSTICE DEFENDANTS’1 RESPONSE TO PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER
1 Filed on behalf of Defendants-Respondents The Louisiana Office of Juvenile Justice (“OJJ”), Edward Dustin Bickham, James Woods, Shannon Matthews, Shawn Herbert, and Rodney Ward (collectively “Defendants”).
1

Case 3:20-cv-00293-JWD-EWD Document 34 05/27/20 Page 2 of 35
The procedures of The Louisiana Office of Juvenile Justice (“OJJ”) are working effectively
to reduce and eliminate the risk of COVID-19 within OJJ’s secure care facilities. Only 28 of the
individuals in OJJ’s secure care facilities (the “Youth”) have been diagnosed with COVID-19. All
28 Youth have recovered. Currently, there are no confirmed or suspected cases of COVID-19
among the Youth in any of OJJ’s secure care facilities. There is no emergency condition within
OJJ’s secure care facility. Plaintiffs’ Emergency Motion for Temporary Restraining Order Seeking
Immediate Furlough (Doc. No. 7, the “Motion”) – offering little to no proof of Plaintiffs’ claims
beyond unsworn declarations of hearsay and speculation2 – is unfounded and should be denied.
Plaintiffs’ Motion is due to be dismissed for any one, and certainly all, of the following
reasons:
• Plaintiffs are not likely to succeed on the merits of their claims on multiple grounds:
o Plaintiffs failed to exhaust administrative remedies before filing suit as required by the Prison Litigation Reform Act;
o Plaintiffs’ invocation of the relaxed “objectively unreasonable” liability standard is misplaced;
o Plaintiffs do not (and cannot) demonstrate Defendants acted with deliberate indifference in response to the COVID-19 pandemic; and
2 Hearsay can be considered in a preliminary injunction motion; however, once received, “the question of how much weight an affidavit will be given is left to the trial court's discretion and the quality of the affidavit will have a significant effect on this determination.” 11A Wright & Miller, Fed. Practice & Procedure § 2949 (3d ed. 2016). As such, “when the primary evidence introduced is an affidavit made on information and belief rather than on personal knowledge, it generally is considered insufficient to support a motion for a preliminary injunction.” Id. The Fifth Circuit and its district courts “have shown appropriate reluctance to issue such orders where [as here] the moving party substantiates his side of a factual dispute” with only hearsay or speculation. Marshall Durbin Farms, Inc. v. National Farmers Org., Inc., 446 F.2d 353, 357 (5th Cir. 1971) (reversing trial court’s order granting injunction) (cited in Fed. Practice & Procedure § 2949, supra).
While Plaintiffs’ evidence at this stage may not be required to demonstrate entitlement to summary judgment, Plaintiffs must still present a prima facie case based upon standards of substantive law to demonstrate entitlement to injunctive relief. See Janvey v. Alguire, 647 F.3d 585, 595-96 (5th Cir. 2011). This, Plaintiffs have failed to do.
2

Case 3:20-cv-00293-JWD-EWD Document 34 05/27/20 Page 3 of 35

o Plaintiffs cannot succeed on their claims for alleged deprivation of education and rehabilitation services because those claims are not legally or factually cognizable;
• Plaintiffs fail to establish a substantial threat of irreparable injury if the injunction is denied; • The certain and immediate harm to Defendants if the injunction is granted outweighs
Plaintiffs’ speculation of potential injury if the injunction is denied; and • The public interest is served if the Motion is denied.
FACTUAL BACKGROUND A. OJJ’s prevention and treatment program has been effective.
Beginning with the end in mind—OJJ’s rapid, thoughtful, and evolving response to COVID-19 (described in detail below) is working. OJJ has had a total of only 28 confirmed COVID-19 cases at its secure care facilities. All 28 of the Youth who tested positive fully recovered without need for hospitalization and without any symptoms beyond mild fever. There are currently no Youth within OJJ’s secure care facilities with a confirmed or suspected case of COVID-19. Affidavit of Denise Dandridge, attached as Exhibit A, at ¶¶ 31, 41–43.
The first suspected case of COVID-19 within OJJ’s secure care facilities was identified on March 20, 2020; that Youth tested negative for COVID-19. The first confirmed case within OJJ’s secure care facilities occurred on March 22, 2020. The timeline of confirmed cases is as follows:

Dat

March

April

e

2 2

2 3

2 4

2 5

2 6

2 7

2 8

2 9

3 0

3 1

1 2 3 4 5 6 7 8 9

1 0

1 1

1 2

No. 1 1 0 1 1 0 0 0 5 0 5 2 1 0 0 7 0 1 2 0 0 1

Exhibit A-8. No new case of COVID-19 has been identified since April 12, 2020, and no Youth

has complained of COVID-like symptoms since April 12, 2020. Exhibit A, ¶¶ 38, 43.

B. OJJ employed a timely and adaptive response appropriate for the evolving nature of the COVID-19 pandemic.

OJJ’s response to the COVID-19 global pandemic has been swift, deliberate, and effective,

allowing the agency to continue to fulfill its mission to protect the public by providing safe and 3

Case 3:20-cv-00293-JWD-EWD Document 34 05/27/20 Page 4 of 35
effective individualized services to youth, who will become productive, law-abiding citizens.3 “COVID-19 is a new disease, caused by a novel (or new) coronavirus that has not previously been seen in humans.”4 Since its emergence in late 2019, the world has grappled with the effects of the pandemic while science has fought to understand the disease. As the world, this nation, and this state responded to the pandemic much has been learned, and as a result, the response to the pandemic—including the methods of treatment and prevention—has been an evolving process.
OJJ’s understanding and response to COVID-19 has been similar to the experience of the world at large. In consultation with the Louisiana Office of Public Health, the Louisiana Department of Education, and private-practice medical professionals and following the United States Center for Disease Control (“CDC”) Guidelines, OJJ developed an appropriately adaptive set of procedures and protocols to prevent, control, and eliminate the risk of COVID-19 within its secure care facilities. See generally Exhibit A; Exhibit B.
Louisiana’s first presumptive case of COVID-19 was announced on March 9, 2020, but OJJ’s preparation for potential COVID-19 infections began before then. OJJ began conducting regular department-wide meetings to address COVID-19 education, preparedness, and facility needs by no later than March 2, 2020—a full week before the first presumptive case was reported in Louisiana. Exhibit A, ¶¶ 10–11.
In preparation for the potential effects of the coronavirus entering OJJ facilities, “Emergency Plan – COVID-19” was implemented in early March 2020. See Exhibit G. OJJ began educating the Youth and staff about best practices for the prevention of COVID-19 and how to
3 OJJ, Message from the Deputy Secretary, available at https://ojj.la.gov/about-ojj/message-from-thedeputy-secretary/ (last visited May 23, 2020). 4 CDC, Coronavirus Disease 2019 (COVID-19), Frequently Asked Questions, available at https://www.cdc.gov/coronavirus/2019-ncov/faq.html#:~:text=In%20COVID%2D19%2C,%2D respiratory%20tract%20illnesses (last visited May 23, 2020).
4

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identify symptoms of the disease. Exhibits A-1, A-2. OJJ conducted an evaluation of its food and personal protective equipment to ensure that it had at least two months’ worth of supplies. Exhibit A, ¶ 14, Exhibit G, pp. 2–3. OJJ developed a staffing plan to create contingency strategies to maintain adequate staffing levels in the event that OJJ staff were affected by the pandemic. Exhibit A-2; Exhibit G. The COVID Plan included lists of backup staff with availability calendars and a contingency plan to account for up to 40% absence of regularly-scheduled staff. See Exhibit A-2. OJJ also contacted its contract service providers to ensure they had plans in place to provide uninterrupted services during the potential pandemic. Exhibit A, ¶ 15. C. OJJ exceeded CDC Guidelines for testing and monitoring of Youth and staff.
OJJ implemented a COVID-19 monitoring protocol for the Youth on March 14, 2020. The initial protocol provided that all Youth who potentially had been exposed to COVID-19 would receive temperature checks twice daily. Exhibit A, ¶¶ 24, 28; Exhibit A-7. Beginning on March 14, 2020, OJJ began temperature testing all Youth who were quarantined due to exposure or suspected exposure to COVID-19 twice daily. Id. ¶¶ 24, 28.
Any Youth with a temperature exceeding 100.4°F or complaints of cough, shortness of breath, tiredness, nasal congestion, runny nose, sore throat, diarrhea, or body aches/pain is sent to the infirmary. The Youth is administered a flu test and a strep test. Those tests are processed at the secure care facility; results are obtained within minutes. If both the flu and strep tests are negative, the Youth is then tested for COVID-19. Following the COVID-19 test, the Youth is placed in medical isolation according to the protocol discussed below. Exhibit A, ¶¶ 50–51,59.
Youth who are not exhibiting symptoms of COVID-19 are not tested for the disease. This is consistent with CDC Guidelines. See Exhibit A-11, Center for Disease Control, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and
5

Case 3:20-cv-00293-JWD-EWD Document 34 05/27/20 Page 6 of 35
Detention Facilities (“CDC Guidelines”) at 22 (regarding “Management Strategies for Incarcerated/Detained Persons without COVID-19 Symptoms”); Exhibit A, ¶ 52.
Plaintiffs contend in their TRO Motion that OJJ “stopped testing children altogether weeks ago.” Pls.’ TRO Br. (Doc. 7-1) at 1. This is incorrect. OJJ continues to maintain the same testing protocol that it implemented throughout the COVID-19 response: Monitor the Youth and test those who are exhibiting symptoms consistent with COVID-19.5
For staff and visitors, OJJ limits non-essential visitation and began screening all persons entering the secure care facilities effective March 12, 2020. The protocols restrict the categories of individuals allowed to enter the facilities. Only OJJ staff, emergency visitors, and contractors working on repairs vital to the safety of the facility are allowed to enter. See Exhibit A, ¶ 23; Exhibit A-6. This is consistent with CDC Guidelines. See Exhibit A-11 at 14 (“Restrict nonessential vendors, volunteers, and tours from entering the facility.”).
All staff and essential visitors are also screened prior to admission into the secure care facilities. The screening process is applied to all persons before entering the facility and includes a temperature check. Anyone with a fever (or refusing to have their temperature taken) is prohibited from entering the facility. Exhibit A-6. On March 13, 2020, Wellpath (OJJ’s health services contractor) deployed a Coronavirus Supplemental Screening form for use with all visitors at the secure care facilities. See Exhibit A, n. 12. This too is consistent with CDC Guidelines. See Exhibit A-11 at 13 (“Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all visitors and volunteers on entry.”).
5 For this reason, it is also disingenuous for Plaintiffs’ to contend that OJJ’s testing is suggestive of a 97% infection rate. See Pls.’ TRO Br. (Doc. 7-1) at 1. OJJ’s testing revealed only that 97% of Youth with symptoms of COVID -19 were positive for COVID-19.
6

Case 3:20-cv-00293-JWD-EWD Document 34 05/27/20 Page 7 of 35
D. OJJ recommended confinement modifications for certain qualifying Youth with preexisting conditions.
The overwhelming majority of people who contract COVID-19 experience no symptoms
of the disease or only mild symptoms.6 This is especially true with younger populations.7 The risk
of experiencing severe symptoms from a COVID-19 infection resides largely with elderly
populations.8 The worldwide experience with COVID-19 suggests that young people who
experience more than mild symptoms of COVID-19 typically have one or more underlying pre-
existing medical conditions.9
Based on this information, OJJ conducted an individual review of case files to identify any
Youth with underlying pre-existing medical conditions creating a greater risk for a more severe
reaction to COVID-19. Affidavit of Edward Dustin Bickham, attached as Exhibit B, ¶ 19–22. OJJ
maintains a list, known as the Chronic Care List, which includes and identifies all Youth in OJJ’s
secure care facilities who have chronic, pre-existing medical conditions. OJJ reviewed the Chronic
Care List to identify all Youth eligible for status changes using eligibility criteria based upon their
case file and public safety concerns. Id. OJJ also utilized appropriate medical criteria to identify
6 World Health Organization, Situational Report (Mar. 6, 2020) (noting 80% of those with COVID-19 had no symptoms or mild symptoms), available at https://www.who.int/docs/defaultsource/coronaviruse/situation-reports/20200306-sitrep-46-covid-19.pdf?sfvrsn=96b04adf_4#:~ :text=For%20COVID%2D19%2C,infections%2C%20requiring%20ventilation (last visited May 26, 2020). 7 See CDC, Frequently Asked Questions (“While some children and infants have been sick with COVID19, adults make up most of the known cases to date.”), available at https://www.cdc.gov/coronavirus/2019ncov/faq.html#COVID-19-and-Children (last visited May 23, 2020). 8 See CDC, Laboratory-Confirmed COVID-19-Associated Hospitalizations (cumulative hospitalization rates for minors age 5 to 17 years old is 1.7/100,000 and for people age 18 to 29 years old is 17.8/100,000; hospitalization rate for all ages is 67.9/100,000; for people age 50 to 64 is 105.9/100,000 and for people age 65 and over is 214.4/100,000), available at https://gis.cdc.gov/grasp/COVIDNet/ COVID19_3.html (last visited May 24, 2020). 9 See CDC, Frequently Asked Questions, available at https://www.cdc.gov/coronavirus/2019ncov/faq.html#COVID-19-and-Children (last visited May 23, 2020) (among cases for minors where more severe symptoms were noted, majority of such minors had “chronic lung disease (including asthma), heart disease, and conditions that weaken the immune system”).
7

Case 3:20-cv-00293-JWD-EWD Document 34 05/27/20 Page 8 of 35
individuals with underlying medical conditions at increased risk of contracting COVID-19. Several Youth were identified for potential confinement status change, applying both eligibility and medical criteria. However, some identified Youth were disqualified due to subsequent disciplinary incidents. Of the remaining eligible Youth, individual circumstances were considered to recommend status changes. Id. E. OJJ suspended contact visitation to reduce the risk of community transfer.
Beginning on March 16, 2020, OJJ suspended all in-person/contact visitation. Attorney visitation was to occur by telephone. OJJ made arrangements to increase the number of free phone calls that the Youth could place in a week, and staff was instructed to encourage the Youth to make additional phone calls to stay connected with their families. Additionally, OJJ deployed equipment for video visitation beginning April 16, 2020. See Affidavit of Shawn Herbert, attached as Exhibit C, ¶¶ 12–15; Exhibit C-1.
The decision to suspend contact visitation and move to a virtual (i.e., telephonic or video) visitation is consistent with CDC Guidelines. See Exhibit A-11 at 13 (“Promote non-contact visits: Encourage incarcerated/detained persons to limit contact visits in the interest of their own health and the health of their visitors[;] Consider reducing or temporarily eliminating the cost of phone calls for incarcerated/detained persons[; and] Consider increasing incarcerated/detained persons’ telephone privileges to promote mental health and reduce exposure from direct contact with community visitors.” “Consider suspending or modifying visitation programs, if legally permissible. For example, provide access to virtual visitation options where available.”). F. OJJ suspended the furlough program to reduce the risk of community transfer.
As part of its programming, OJJ coordinates with the Juvenile Courts to maintain a furlough program. The program is implemented through a robust set of protocols. Under the
8

Case 3:20-cv-00293-JWD-EWD Document 34 05/27/20 Page 9 of 35
furlough program, Youth who meet certain predetermined criteria are deemed eligible for furlough recommendation. A furlough will not be recommended unless the Youth can be released to an adequate home environment. Accordingly, before a furlough can be recommended, parole and probation officers are required to conduct a “home study” with the Youth’s family to assess the home conditions for the Youth while on furlough; the “home study” includes an in-person visit by the parole and probation officer and an in-person interview with the family. Exhibit C, ¶ 16; Exhibit C-2.
When a Youth meets the eligibility requirements and the results of the home study indicate that the furlough can be successfully implemented, OJJ submits a recommendation to the Juvenile Court in which the Youth was adjudicated delinquent. The district attorney and the court have the opportunity to review and object to the recommendation. If the district attorney objects to the furlough recommendation, the furlough is not granted, and a contradictory hearing is conducted regarding the recommendation. It is then within the Juvenile Court’s discretion to approve or reject the recommendation. If the court objects to the furlough recommendation, the furlough is not granted, and no hearing is conducted. OJJ does not have the statutory authority to release any Youth on furlough without first giving the district attorney and the court notice of the recommendation and receiving a response of “objection” or “no objection” from the district attorney and court. Id. When granted, furloughs typically range in length from 8 hours to 14 days. Exhibit C, ¶ 17.
Beginning March 16, 2020, all off-site programming was suspended, and furloughs were postponed. Exhibit C-1. This measure was taken in order to minimize the amount of contact the Youth and staff had with members of the community who may be carriers of COVID-19, which could then be introduced and spread throughout the facilities. Exhibit A, ¶¶ 23, Exhibit C-1.
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The suspension of the furlough program is consistent with CDC Guidelines. See Exhibit A-11 at 14 (“Suspend all transfers of incarcerated/detained persons to and from other jurisdictions and facilities (including work release where relevant), unless necessary for medical evaluation, medical isolation/quarantine, care, extenuating security concerns, or to prevent overcrowding.”).10 G. OJJ implemented quarantine and medical isolation plans to promote social distancing
and avoid cross-contamination within its secure care facilities. On March 22, 2020, Governor John Bell Edwards issued the initial statewide stay at home order. Proclamation No. JBE-2020-33 (March 22, 2020).11 The following day, the OJJ implemented a multifaceted quarantine and medical isolation program at each of its facilities. Exhibit A, ¶ 46; Exhibit A-5. First, all quarantined Youth are to remain in the dorms at all times. All educational, counseling, and other rehabilitative services are to be provided to the Youths in their dorms. Additionally, meals and medications are provided to the Youths in the dorms. Exhibit A, ¶ 28. The plan calls for the Youths to be allowed outdoor recreational time, but is organized in such a fashion so that there is no comingling of dorms. Exhibit A, ¶ 53. Essentially, the Youths are to do what the rest of the State’s citizens are instructed to do—stay inside their residences and maintain social distancing when outdoors. Second, each facility designated separate quarantine zones for any Youth who has left campus and returned but who is not exhibiting any symptoms of COVID-19. See Exhibit A-10.
10 Youth also have the right to petition the Juvenile Courts for modification of their sentence. OJJ is aware of 24 Youth who have filed motions for modification with the courts. Of those, four motions were granted, seven motions were denied, and the remaining 13 are pending. Notably, named Plaintiff I.B. was one of the Youths who moved to have his sentence modified. The Juvenile Court denied the motion; I.B. appealed the denial to the Court of Appeals for the Fourth Circuit. The Court of Appeals affirmed the Juvenile Court’s denial. See Exhibit B, ¶ 30. 11 Available at https://gov.louisiana.gov/assets/Proclamations/2020/modified/33-JBE-2020-Public-HealthEmergency-COVID.pdf.
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Any Youth who fits in this category is quarantined at a location separate from the dorms for 14 days. See Exhibit A-5; Exhibit A-10. If the Youth does not develop COVID-like symptoms during that time period, he is then returned to his dorm. Id. This is consistent with CDC Guidelines. See Exhibit A-11 at 14 (“If possible, consider quarantining all new intakes for 14 days before they enter the facility’s general population….”).
Third, each facility has separate locations designated for various categories of medical isolation. If a Youth exhibits COVID-like symptoms, he is removed from his dorm and sent to the infirmary for testing described above. After testing, the Youth is placed in one of two different medical isolation rooms: (1) exhibiting symptoms and awaiting COVID-19 test results; or (2) tested positive for COVID-19. If a Youth exhibits symptoms of COVID-19 but tested negative for the disease, he remains in medical isolation until he is symptom-free for seven days. Exhibit A-5; Exhibit A-10.
The OJJ protocols for discharge following a positive COVID-19 test evolved over time based on evolving guidelines from federal and state authorities. The CDC Guidelines suggested that a patient was deemed to have recovered, and could thus be discharged from isolation and returned to general population, after he was fever-free for 72 hours without the use of feverreducing medications, exhibited no other symptoms, and was at least seven days past the onset of symptoms or the positive test. An individual who tested positive without symptoms was deemed recovered after seven days following a positive test, as long as the individual failed to develop further symptoms. Exhibit A, ¶¶ 32–36; Exhibit A-11 at p. 17.
Out of an abundance of caution, OJJ has taken steps that exceeded CDC Guidelines. All COVID-19 positive Youth in OJJ secure facilities are placed in medical isolation for 14 days after
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the onset of symptoms and are not discharged from isolation until they are symptom- and feverfree for over 72 hours. See Exhibit A-8; Exhibit A-12.
On April 23, 2020, OJJ received guidance from the Louisiana Department of Health regarding retesting of COVID-19-positive Youth throughout isolation. According to this guidance, Youth are to be tested seven days after the onset of symptoms if they are symptom- and fever-free. If this test is positive, the test is to be performed again three days later. Upon receiving a negative test result, another test is to be performed 24 hours later. When a Youth receives a second negative test, he may be discharged from isolation and returned to general population. Exhibit A, ¶ 33; Exhibit A-12. OJJ followed the Department of Health’s guidance and immediately implemented the recommended discharge procedure. Exhibit A, ¶ 36; Exhibit A-13.
Staff providing security for medically isolated Youth are provided full PPE, including gowns or coveralls, gloves, and eyewear. See Exhibit A, ¶ 61; Exhibit C, ¶ 42 (also stating PPE has been made available to all staff and Youth throughout OJJ’s pandemic response). These staff members continue to be screened upon arrival for each shift and are encouraged to practice good hand hygiene, cough etiquette, and cleaning practices. Exhibit A, ¶ 61; Exhibit A-5. This is also consistent with CDC Guidelines. See Exhibit A-11 at 12, 16. H. OJJ adapted its educational and rehabilitation services to comply with social
distancing guidelines. As part of its rehabilitative and educational programming, OJJ’s secure care facilities provide in-person schooling for the Youth. Exhibit D, ¶ 7. On March 13, 2020, Governor Edwards issued a proclamation closing all Louisiana public schools until April 13, 2020; that proclamation was then extended through the end of the academic school year. Exhibit D, ¶ 6. However, the OJJ school continued in-person education through March 27, 2020—two weeks longer than their counterparts in the Louisiana public school system. Exhibit D, ¶ 8.
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Beginning on March 30, 2020, OJJ implemented a distance learning plan for continued learning through the pandemic. The distance learning plan was developed pursuant to the guidelines issued by the Louisiana Department of Education. The distance learning plan was updated weekly or biweekly to address concerns and improve implementation. Exhibit D, ¶¶ 9– 13; Exhibit D-1; Exhibit D-2.
Throughout the COVID-19 pandemic, all mental health services continued. Some services were adapted to meet social distancing guidelines; specifically, group counseling sessions were limited to three Youth participants. All Youth scheduled to participate in group counseling still received group counseling; the groups were simply limited in size. Also, to the extent possible, mental health and counseling services were provided in the dorms, as opposed to non-dorm settings. Exhibit A, ¶¶ 64-66. I. OJJ does not currently permit chemical spray in its secure care facilities.
As part of OJJ’s planning in response to the COVID-19 pandemic, to address the potential need for substitute staffing, OJJ identified certain probation and parole officers as additional individuals who may be called upon to maintain appropriate staffing levels in the secure care facilities. Exhibit B-3. Probation and parole officers are trained and qualified in the use of chemical/pepper spray. Id.
On March 17, 2020, the then-Deputy Secretary James Bueche, Ph.D., issued a memo authorizing probation and parole officers covering posts within the secure care facilities to carry chemical/pepper spray. See Exhibit B, ¶ 36; Exhibit B-3. However, on April 27, 2020, the Interim Deputy Secretary, E. Dustin Bickham, J.D., rescinded the March 17th memo; this rescindment prohibited the carrying of chemical/pepper spray within OJJ’s secure care facilities. See Exhibit B, ¶ 37; Exhibit B-4. (“Effective today, Probation and Parole staff will not be permitted to bring in chemical spray to any OJJ secure facilities while covering posts.”).
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LAW AND ARGUMENT Injunctive relief is “an extraordinary remedy” and requires the movant to “unequivocally show the need for its issuance.” Sacal-Micha v. Longoria, --- F. Supp. 3d ----, 2020 WL 1518861, at *2 (E.D. La. March 27, 2020) (citing Valley v. Rapides Parish Sch. Bd., 118 F.3d 1047, 1050 (5th Cir. 1997)). To demonstrate entitlement to injunctive relief in the form of a temporary restraining order, Plaintiffs must establish: “(1) a substantial likelihood of prevailing on the merits; (2) a substantial threat of irreparable injury if the injunction is not granted; (3) that the threatened injury outweighs any harm that will result to the non-movant if the injunction is granted; and (4) that the injunction will not disserve the public interest.” Gumns v. Edwards, No. 20-231-SDDRLB, 2020 WL 2510248, at *3 (M.D. La. May 15, 2020) (citations omitted). The first two factors are most critical. Barber v. Bryant, 833 F.3d 510, 511 (5th Cir. 2016). Failure to establish any element warrants denial of the motion. Sacal-Micha, 2020 WL 1518861, at *2 (citing Guy Carpenter & Co. v. Provenzale, 334 F.3d 459, 464 (5th Cir. 2003)). In the context of injunctions against incarceration facilities, based on the Prison Litigation Reform Act, “preliminary injunctive relief must be narrowly drawn, extend no further than necessary to correct the violation of the federal right, and be the least intrusive means necessary to correct the harm.” Id. (citations omitted). Public policy, and the Supreme Court, counsels federal courts to “eschew toward minimum intrusion into the affairs of state prison administration.” Id. (citing, inter alia, Mecham v. Fano, 427 U.S. 215, 228-229 (1976) (warning against judicial decisions regarding “the day-to-day functioning of state prisons and involve[ing] the judiciary in issues and discretionary decisions that are not the business of federal judges”)). Stated differently, “[w]hen weighing any form of injunctive relief, federal courts must be mindful not to jump at the
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chance to take prison administration into their own hands and out of the hands of the people entrusted with such tasks by the state.” Id. (citations omitted).
Plaintiffs fail to carry their burden to establish any of the four required elements. I. Plaintiffs do not have a substantial likelihood of prevailing on the merits.12
Generally, Plaintiffs’ Complaint (Doc. 1) asserts claims pursuant to 42 U.S.C. § 1983 for “unlawful conditions of confinement and deprivation of due process.” See Compl. (Doc. 1) at ¶¶ 104-121. More specifically, Plaintiffs contend that Defendants have failed to take reasonable measures to abate the “substantial risk of serious harm (including death)” presented by “the policies, actions, and inactions of [Defendants] in response to the COVID-19 pandemic.” Id. at ¶ 106. This, Plaintiffs allege, amounts to deprivation of Plaintiffs’ rights under the Fourteenth Amendment to “reasonably safe living conditions [and] rehabilitative treatment.” Id. at ¶ 108. Further, Plaintiffs allege, it violates Plaintiffs’ “right to be free from cruel and unusual punishment” under the Eighth Amendment. Id. at ¶ 116.
Plaintiffs have not established a substantial likelihood of prevailing on the merits for at least four reasons:
• Plaintiffs failed to exhaust administrative remedies before filing suit as required by the PLRA;
• Plaintiffs incorrectly rely on the relaxed “objectively unreasonable” standard of liability, but that standard does not apply to Plaintiffs’ claims;
• Plaintiffs do not—and cannot—demonstrate Defendants were deliberately indifferent, as required by Section 1983; and
• Plaintiffs’ claims regarding a deprivation of educational and rehabilitation services is neither legally cognizable, nor factually supported.
12 The individual Defendants reserve all rights to assert the qualified immunity defense to which they are entitled. See Brown v. Bolin, 500 Fed App’x 309, 312 (5th Cir. 2012) (citing Brown v. Callahan, 623 F.3d 249 (5th Cir. 2010)). While not fully briefed herein, this is yet another ground that demonstrates Plaintiffs are not substantially likely to succeed on the merits as to those individual Defendants.
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Because Plaintiffs fail to establish the first element required to obtain a temporary restraining order, their Motion should be denied.
A. Plaintiffs failed to exhaust their available administrative remedies before filing this action.
The federal Prison Litigation Reform Act (“PLRA”) provides that “no action shall be brought under [§ 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a).13,14 Exhaustion is only complete when a plaintiff pursues all “available” administrative remedies, and when (1) the plaintiff has received a final administrative decision at the last step of the applicable procedure; or (2) the time limits for the prison's response at the last step of every available administrative remedy has expired, such that “there is no next step (save filing a lawsuit) to which the prisoner can advance.” See Gates v. Cook, 376 F.3d 323, 332 (5th Cir. 2004); Wilson v. Epps, 776 F.3d 296, 301 (5th Cir. 2015). The PLRA also requires “proper” exhaustion; that is, the plaintiff must comply with “an agency’s deadlines and other critical procedural rules because no adjudicative system can function effectively without imposing some orderly structure on the course of its proceedings.” Woodford v. Ngo, 548 U.S.81, 90 (2006).
The PLRA establishes a mandatory exhaustion regime, forecloses judicial discretion, and prevents a court from excusing a failure to exhaust, even to take “special circumstances” into account. Ross v. Blake, 136 S. Ct. 1850, 1856–57 (2016) (“the PLRA’s text suggests no limits on
13 Because Plaintiffs are alleging violations of federal law in a federal district court, their complaint is subject to the procedural requirements of the PLRA. Ferrington v. Louisiana Dep't of Corr., 315 F.3d 529, 532 (5th Cir. 2002). 14 For purposes of the PLRA exhaustion requirement, “prisoner” is broadly defined and includes “any person … detained in any facility who is accused of . . . or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.” 42 U.S.C. § 1997e(h) (emphasis added); see also Molina v. New York, 697 F. Supp. 2d 276, 282 (N.D.N.Y. 2010) (“[t]his exhaustion requirement applies equally to juveniles confined in correctional facilities.”) (citing 42 U.S.C. § 1997e(h)).
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an inmate’s obligation to exhaust.”); see also Booth v. Churner, 532 U.S. 731, 741 n.6 (2001) (“we will not read futility or other exceptions into statutory exhaustion requirements where Congress has provided otherwise.”). Moreover, “a prisoner must now exhaust administrative remedies even where the relief sought . . . cannot be granted by the administrative process.” Woodford, 548 U.S. at 85. The only limit to § 1997e(a)’s mandate is that administrative remedies must be “available.” See Ross, 136 S. Ct. at 1859-62.
1. OJJ maintains a detailed administrative remedy procedure. OJJ maintains an Administrative Remedy Procedure (“ARP”) to efficiently process internal grievances, such as those addressed in Plaintiffs’ complaint, based on its expertise in managing Youth detention facilities. See Affidavit of Revettea Woods, attached as Exhibit E, ¶ 3; see also Exhibit E-1. Under the ARP, a Youth must fully exhaust a two-step grievance process before seeking judicial review. See Exhibit E-1 at 1-14. A Youth first initiates the process by filing an ARP form, deemed filed upon “receipt” by an ARP Coordinator. Id. at 4. The ARP Coordinator screens the form and sends it to a facility director, who must respond within 30 days. Id. at 7-8. If the Youth is dissatisfied with the director’s response, he has 15 days to seek review from the Deputy Secretary of Youth Services. Id. at 8-9. The Deputy Secretary must render a final decision within 21 days of receiving the request for review, and the entire process must be completed within 51 days of the original filing of the Youth’s grievance form. Id. If the Youth is dissatisfied with the response, he may then seek judicial review. Id. at 9. If the Youth’s ARP form expresses a belief that he is at immediate risk of harm and that any delay in responding to the grievance would subject him to immediate personal injury or other serious irreparable harm, the ARP coordinator must “immediately forward the ARP” to the regional director, who must “provide an initial response within 48 hours and issue a final decision
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within five[] calendar days.” Id. at 9. The emergency grievance procedure does not render the standard two-step process unavailable to the Youth, nor does it prevent the Youth from seeking requested relief from the facility in Step 1, or review from the Deputy Secretary in Step 2. See generally id.; Exhibit E, ¶ 13.
2. Neither of the named Plaintiffs exhausted the available ARP. Plaintiff J.H. filed no grievances in connection with the COVID-19 pandemic or OJJ’s COVID-19 response. See Exhibit E, ¶ 7. Plaintiff I.B. filed five pro se standard ARPs on May 6, 2020; none of these ARPs have been fully prosecuted through Step 2. See Exhibit E, ¶ 8; see also Exhibit E-3 at 1-5. Additionally, a grievance form dated May 8, 2020 – captioned an “Emergency ARP” – was submitted via email (not filed under ARP procedures, as explained infra) by Plaintiffs’ counsel Nishi Kumar on I.B.’s behalf.15 See Exhibit E, ¶ 9, see also Exhibit E-4 at 1-2. The Emergency ARP stated on its face that counsel represented I.B.’s parents, not I.B. See Exhibit E-4 at 2. This lawsuit was filed on May 14, 2020. See Doc. No. 1. I.B.’s five pro se standard ARPs have not received a final decision at Step 2, and the period for the OJJ to respond to these ARPs had not expired when Plaintiffs filed suit. See Exhibit E, ¶ 8; see also Exhibit E-3. Thus, none of Plaintiff I.B.’s COVID-19-related standard ARP forms were fully exhausted before Plaintiffs filed this action. The only question for this Court, then, is whether I.B.’s Emergency ARP effectively exhausted all available administrative remedies for the class. For the reasons discussed below, it did not.
15 While the emergency ARP is dated May 8, 2020, the emergency ARP was not filed on May 8, 2020, as discussed infra.
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First, under the express ARP policies and procedures, a grievance form is not filed until it is received by an ARP coordinator. See Exhibit E, ¶ 3; see also Exhibit E-1 at 4. Here, I.B.’s Emergency ARP was not properly filed by May 14, 2020 – the date Plaintiffs filed this action. Instead, counsel16 emailed the form to facility interim director Shawn Herbert on May 8, 2020; counsel did not – and I.B. did not – submit the Emergency ARP to an ARP coordinator as expressly required by the ARP policy. See Exhibit E, ¶¶ 9-12; see also Exhibit E-4.17 Therefore, I.B.’s Emergency ARP was never properly filed, and I.B. did not exhaust the Emergency ARP prior to the filing of this lawsuit. See Exhibit E, ¶ 12. See also Flores v. Lappin, 580 Fed. App’x 248, 249 (5th Cir. 2014) (discussing the court’s “strict approach” to the PLRA exhaustion requirement: “mere substantial compliance with administrative remedy procedures does not satisfy exhaustion”; instead, one “must complete the administrative review process in accordance with the applicable procedural rules—rules that are defined not by the PLRA, but by the prison grievance process itself”) (internal citations, quotations omitted).
Second, even if I.B. had properly filed his Emergency ARP form on May 8, 2020, he still failed to exhaust because OJJ’s two-step grievance process remained available to I.B. notwithstanding his emergency grievance. See Exhibit E, ¶ 13. The PLRA is clear that a Youth must exhaust all “available” remedies prior to filing a claim under federal law. 42 U.S.C. § 1997e(a); Booth v. Churner, 532 U.S. 731, 741 (2001). As the Supreme Court has emphasized, “it is the prison’s requirements, and not the PLRA, that define the boundaries of proper exhaustion.” Jones v. Bock, 549 U.S. 199, 211 (2007); see also Woodford, 548 U.S. at 90
16 Again, as explained above, counsel expressly represented I.B.’s parents, not I.B. See Exhibit E-3 at 2. 17 At that time, OJJ had no record that counsel was authorized to represent I.B. Id. Counsel’s email did not include any independent documentation to verify such legal representation. Id.
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(explaining that administrative exhaustion “means using all steps that the agency holds out, and doing so properly so that the agency addresses the issues on the merits.”).
OJJ’s ARP does not except Youths from addressing grievances through the standard twostep process if they do not receive emergency relief where requested. See generally Exhibit E-1; see Exhibit E, ¶ 13. In other words, the ARP includes no provision for complete curtailment of the two-step grievance process, even where a Youth is denied emergency relief. Id. In fact, the ARP specifically states that a Youth may seek judicial review after the conclusion of Step 2 of its standard process but contains no such language in the emergency grievance provision. See Exhibit E-1 at 7-9. Thus, the ordinary grievance process remains “available” within the meaning of the PLRA even after an inmate has sought administrative relief under an emergency grievance. See, i.e., Brown v. Eardley, 184 F. App’x 689, 691-92 (10th Cir. 2006) (holding administrative remedies were still available to inmate through standard grievance process even though warden did not respond to emergency grievances within the three days required under applicable regulations); Brazell v. Ruh, 2015 WL 2452410, at *3-4 (E.D. Ark. May 21, 2015) (same).
Here, a finding that I.B. fully exhausted available remedies would create a pervasive incentive for Youths to file frivolous “emergency” ARPs and then immediately file suit at the end of the five-day window, thereby circumventing OJJ’s grievance procedure. See Smith v. Asselmeier, 2018 WL 3533346, at *3 (S.D. Ill. July 23, 2018), aff'd, 762 F. App’x 342 (7th Cir. 2019) (“If a prisoner could exhaust his administrative remedies by filing an emergency grievance instead of going through the standard protocols, then the entire regulatory structure would collapse.”). It is clear from the express language of PLRA and applicable case law that Congress did not intend this result.
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Accordingly, neither I.B. nor any other named Plaintiff has fully exhausted available administrative remedies. Nothing in the PLRA allows for a plaintiff to bypass the exhaustion requirement. The Supreme Court has consistently been clear that the PLRA’s statutory exhaustion requirement does not make exceptions for “special circumstances,” including COVID-19. Ross, 136 S. Ct. at 1856–57. For this reason alone, this Court should deny Plaintiffs’ Motion.
B. The Kingsley “objectively unreasonable standard” does not apply. Plaintiffs argue Defendants are liable under the Fourteenth Amendment because Defendants’ COVID-19 response has been “objectively unreasonable,” a more relaxed standard adopted by the Supreme Court in Kingsley for excessive force cases involving pre-trial detainees. See Pls.’ TRO Br. (Doc. 7-1) at 19 & n.128 (citing Kingsley v. Hendrickson, 576 U.S. 389 (2015)). Plaintiffs admit that the more stringent deliberate indifference standard has been applied by the Fifth Circuit in Eighth and Fourteenth Amendment cases, like Hare v. City of Corinth, Miss., 74 F.3d 633, 645 (5th Cir. 1996). Id. at 19, n.128. But, because Hare precedes Kingsley, Plaintiffs assert the more relaxed “objectively unreasonable” standard should apply. Id. Plaintiffs are incorrect—the Fifth Circuit has expressly rejected the Kingsley objectively unreasonable standard for cases not involving excessive force against pre-trial detainees. See Alderson v. Concordia Par. Corr. Facility, 848 F.3d 415, 419–20 (5th Cir. 2017) (rejecting one dissenting judge’s invitation to extend Kingsley). This Court has repeatedly recognized this holding. See Guillory v. Louisiana Dep't of Health & Hosps., No. CV 16-787-JWD-RLB, 2018 WL 1404277, at *8 (M.D. La. Mar. 20, 2018) (“deliberate indifference standard remains a
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subjective one as set out in Hare despite the intervening case of Kingsley”).18,19 Alderson and its
progeny make clear that the deliberate indifference standard applies here.
C. Plaintiffs do not—and cannot—demonstrate deliberate indifference.
Liability under Section 1983, whether based on the Eighth or Fourteenth Amendment,
requires that prison officials act with deliberate indifference to a substantial risk of serious harm.
See generally Gumns, 2020 WL 2510248 (analyzing Section 1983 claims under Eighth and
Fourteenth Amendments).20 Deliberate indifference is “an extremely high standard to meet.”
Valentine v. Collier, 956 F.3d 797, 801 (5th Cir. 2020) (citation omitted). Proof of negligence, or
even gross negligence, is not enough. Hare, 74 F.3d at 645 (deliberate indifference must be a “step
up” from “mere or even gross negligence,” or otherwise the standard is rendered “meaningless”).
Relevant to Plaintiffs’ claims related to COVID-19, “the incidence of diseases or infections,
standing alone, do not imply unconstitutional confinement conditions, since any densely populated
18 See Robertson v. Gautreaux, No. CV 16-341-JJB-RLB, 2017 WL 690542, at *4 (M.D. La. Feb. 21, 2017), aff'd in part, 731 F. App’x 337 (5th Cir. 2018) (“Recently the Fifth Circuit reaffirmed the Hare holding in light of Kingsley. Accordingly, this Court applies a deliberate indifference standard to Plaintiff's claims.”); see also Joyner v. Grenada Cty., Miss., --- F. Supp.3d ----, 2020 WL 2298553, at *3 (N.D. Miss. May 7, 2020) (failure to protect case discussing Alderson to explain Fifth Circuit has considered and expressly rejected Kingsley beyond excessive force cases). 19 Admittedly, Defendants are somewhat uncertain of Plaintiffs’ precise argument as to the standard of liability. The Hare decision differentiated between constitutional challenges regarding “conditions of confinement” versus “episodic acts or omissions.” Hare, 74 F.3d at 644-45. To the extent Plaintiffs are attempting to make a “conditions of confinement” allegations, the liability test for such claims is whether “a particular condition or restriction of pretrial detention is reasonably related to a legitimate governmental objective.” Id. at 651 (J. Dennis, concurring). If it is rationally related, then it is not unconstitutional “punishment.” Id. (but applying the deliberate indifference standard to episodic acts at id. at 636). See also Guillory v. La. Dep’t of Health & Hosp., No. 16-787, 2018 WL 1404277, at *7-8 (M.D. La. March 20, 2018) (discussing Hare and distinguishing the liability standards). Here, all of Defendants’ response measures to COVID-19 are clearly rationally related to the legitimate government goal of protecting the health and safety of the Youths. Thus, even if Plaintiffs are making a “conditions of confinement case” and the rational relationship test applies, which Plaintiffs have not (clearly) argued, Plaintiffs still fail to demonstrate any likelihood that Defendants are liable. 20 See also generally, i.e., Jones v. Tex. Dep’t of Crim. Justice, 880 F.3d 756 (5th Cir. 2018) (discussing deliberate indifference in Eighth Amendment claim); Estate of Pollard v. Hood County, Tex., 579 Fed. App’x 260 (5th Cir. 2014) (discussing deliberate indifference in Fourteenth Amendment claim).
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residence may be subject to outbreaks.” Valentine, 956 F.3d at 801 (citation omitted). Instead, deliberate indifference requires deprivation of “basic human needs.” Id.
Courts apply a two-part analysis to determine whether a defendant has acted with deliberate indifference under Section 1983. Id. (citation omitted). First, the plaintiff must establish an “objectively intolerable risk of harm.” Id. Second, the plaintiff must establish the defendant acted with subjective indifference; that is, the defendant: “(1) was aware of facts from which the inference could be drawn that a substantial risk of serious harm exists; (2) subjectively dr[e]w the inference that the risk existed; and (3) disregarded the risk.” Id. (citations and quotations omitted).
Plaintiffs’ TRO Motion fails to establish either the objective or the subjective prong of the deliberate indifference standard.
1. OJJ’s COVID-19 response does not create an “objectively intolerable risk of harm.”
First, Plaintiffs fail to establish an “objectively intolerable risk of harm.” Id. As explained in Valentine, it is undisputed that COVID-19, as with all infectious diseases, poses a risk of serious or even fatal harm to individuals housed in a detention facility. Id. For purposes of the objective prong of the deliberate indifference test, though, the question is not whether COVID-19 presents an objectively intolerable risk of harm. Id. Instead, the “legal question is whether the Eighth Amendment requires [Defendants] to do more to mitigate the risk of harm” beyond the many protective measures Defendants have already taken. Id.
In Valentine, prison inmates brought a class action challenging the sufficiency of preventive measures to prevent spread of COVID-19 in the prison facility. See generally Valentine, 956 F.3d 797. After reviewing the various efforts the facility had undertaken in compliance with CDC Guidelines, the district court nevertheless granted an injunction that required prison officials to implement more vigorous prevention efforts than those required by the CDC. Id. at 802. On
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appeal, the Fifth Circuit disagreed, finding there is “no precedent holding that the CDC’s recommendations are insufficient to satisfy the Eighth Amendment.” Id. The Valentine court therefore held that Plaintiffs failed to identify an objectively intolerable risk of harm. Id. at 80203. The same result is warranted here.
As stated above, Defendants have exceeded CDC Guidelines in an organized, comprehensive, and effective emergency response to COVID-19. See Sections A-H, supra. Defendants implemented an early response plan (see Section B), appropriately tested and monitored Youth with symptoms (see Section C), thoroughly screened visitors (see Section C), recommended confinement modifications for qualifying Youth with pre-existing conditions (see Section D), suspended contact visits and furlough programs to reduce community transfer (see Sections E, F), coordinated with the Louisiana Department of Health for testing efforts (see Section G), and provided all services to Youth even while instituting its quarantine and medical isolation program (see Section H). Defendants’ response has been objectively effective. See Section A.
As in Valentine, Plaintiffs fail to establish that Defendants’ response to the COVID-19 pandemic created an “objectively intolerable risk of harm.”
2. OJJ’s rapid, well-reasoned, and evolving COVID-19 response demonstrates Defendants did not act with subjective deliberate indifference.
Second, even if Plaintiffs could establish an objectively intolerable risk of harm (and they cannot), Plaintiffs fail to establish Defendants acted with subjective deliberate indifference to that risk, as required for Section 1983 liability.
In Valentine, the Fifth Circuit clarified that – to establish liability – defendants must have “general awareness of the dangers posed by COVID-19” and must “subjectively believe the measures they are taking are inadequate.” Valentine, 956 F.3d at 802. The Fifth Circuit found
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plaintiffs failed to meet this subjective prong where “the evidence shows that [the defendant facility] has taken and continues to take measures—informed by guidance from the CDC and medical professionals—to abate and control the spread of the virus.” Id. Though a court may disagree with those measures, “mere disagreement with [the defendant facility’s] medical decisions does not establish deliberate indifference.” Id. at 803.
Here, Defendants have taken all of the measures discussed in Sections A through H, supra, exceeding CDC Guidelines. Plaintiffs present no evidence that Defendants acted with “knowing disregard for a serious risk of harm substantially certain to occur.” Gumns, 2020 WL 2510248, at *7. Frankly, when the OJJ’s comprehensive COVID-19 response plan and the efforts undertaken to implement the plan (as cataloged herein) are compared against the applicable legal standard of “deliberate indifference,” it renders the whole Complaint, and the present request for TRO, absurd. Simply put, the OJJ has exhibited a cautious, adaptive, and comprehensive approach to protect the Youth within its care from this pandemic, as established by the attachments to this Response. There is no credible evidence to the contrary.
Because Plaintiffs cannot meet their burden under the objective or subjective prong of the deliberate indifference test, they cannot establish a substantial likelihood of success on the merits of their Section 1983 claim.
D. Plaintiffs’ claim regarding a deprivation of educational and rehabilitative services is neither legally cognizable nor factually supported.
Plaintiffs have also failed to show a substantial likelihood of success on the merits of their substantive due process claim involving OJJ’s alleged denial of access to educational and rehabilitative programming.
As an initial matter, Plaintiffs’ references to the Louisiana Constitution and the Supreme Court of Louisiana’s opinion in In re C.B., 708 So.2d 391 (La. 1998), have no bearing on this case.
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Plaintiffs have not pled a claim for violations of state law or the Louisiana Constitution. See generally Compl. (Doc. 1). Instead, both of their claims sound under 42 U.S.C. § 1983 which, by its plain language, only provides a cause of action for rights that arise under the U.S. Constitution or other federal laws. Woodard v. Andrus, 419 F.3d 348, 353 (5th Cir. 2005) (“§ 1983 is only a remedy for violations of federal statutory and constitutional rights.”). In re C.B. based its holding on the Due Process Clause of the Louisiana Constitution and expressly declined to address whether the alleged “constitutional infirmities would also be present at the federal level.” In re C.B., 708 So.2d at 395-400. Accordingly, Plaintiffs cannot base their action, which sounds entirely under Section 1983, on any rights established under state law in In re C.B.21
Even if the claim was legally cognizable – and it is not – Plaintiffs have failed to show that OJJ’s temporary modifications to its educational and rehabilitative programming constitute a deprivation of constitutional rights.
First, there is no firmly established constitutional right to educational and rehabilitative programming. As Plaintiffs acknowledge, the Supreme Court has declined to address the appropriate federal standards by which to judge the conditions of a state juvenile detention facility, both generally and as applied to rehabilitative treatment. See Ingraham v. Wright, 430 U.S. 651, 669 n.37 (1977). In the Fifth Circuit’s only case addressing the issue, the court vacated a district court’s grant of an injunction in favor of a class of juvenile detainees, explaining that a “right to treatment for juvenile offenders has not been firmly established.” Morales v. Turman, 562 F.2d
21 In any event, the Fifth Circuit has noted that “[t]he Louisiana Constitution provides the same due process protections as that of the United States Constitution.” Cripps v. Louisiana Dep't of Agric. & Forestry, 819 F.3d 221, 232 (5th Cir. 2016). Moreover, In re C.B. dealt with a Louisiana statute that allowed juveniles to be housed in adult facilities and subjected to the same hard-labor requirements as adults. In re C.B., 708 So.2d at 395-400. Plaintiffs have not been subjected to any such conditions, and as discussed below, they are receiving sufficient educational and rehabilitative programming on a socially distant basis as recommended by the Louisiana Department of Education and the CDC.
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993, 997 (5th Cir. 1977). Indeed, the Morales Court was skeptical of such a right, characterizing it as “doubtful.” Id. at 998. The court ultimately reasoned that “even if some form” of the right existed, the district court’s injunction was excessively detailed, as a court “is not in a position to monitor day-by-day changes that affect rehabilitation programs.” Id. at 999.22
Second, even in cases recognizing a constitutional right to rehabilitative programming, the challenged practices in those cases fall far below what common sense suggests as appropriate and woefully below the temporary modifications implemented by OJJ in response to COVID-19. For instance, in Donnell C. v. Illinois State Board of Education, 829 F. Supp. 1016 (N.D. Ill. 1993), the juvenile-detainee plaintiffs alleged that, for the entire length of their pretrial detention, (a) only 39% of those in need of special educational services were receiving them; (b) the plaintiffs were not being taught courses other than reading and math; (c) they did not have textbooks, workbooks, or other instructional materials; and (d) they were not given learning disability assessments and instruction. Id. at 1017-18. Based on these allegations, the court held that the plaintiffs’ complaint stated a claim for violations of substantive due process. Id. at 1018. Similarly, a court has held that due process violations were present where detainees were placed in “cottages without regard to their age, prior social history, reason for confinement[,] or individual treatment needs, but solely on the basis of vacancies and the maintenance of a fixed black-white ratio in each cottage.” Morgan v. Sproat, 432 F. Supp. 1130, 1141–43 (S.D. Miss. 1977). The court explained that this did “not
22 Other courts that have addressed the existence and extent of juvenile detainees’ constitutional rights to rehabilitative programming have held that no such right exists. See, i.e., Santana v. Collazo, 714 F.2d 1172 (1st Cir. 1983). In Santana, the First Circuit expressly held that such a right did not exist. Id. at 1176–77. “[A]lthough rehabilitative training is no doubt desirable and sound as a matter of policy and, perhaps, of state law, [juvenile detainees] have no constitutional right to that rehabilitative training.” Id. Even in courts that have embraced the right of juveniles to receive rehabilitative education and treatment, those courts specifically declined to draw a bright-line rule and instead offered “minimum acceptable standards of care and treatment” as guideposts. See Nelson v. Heyne, 491 F.2d 352, 360 (7th Cir. 1974).
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allow the matching of students with compatible counseling and supervisory staff” and that it failed to provide a “reasonable opportunity to be rehabilitated.” Id.
Here, Plaintiffs have failed to show a substantial likelihood of success on their claim that OJJ’s temporary modifications to its educational and rehabilitative programming was rendered constitutionally deficient by its COVID-19 protocols. Aside from their general, hearsay assertions that social-distancing efforts have “substantially reduced or completely eliminated” OJJ’s educational and rehabilitative services, which is not accurate,23 Plaintiffs have failed to make any meaningful, specific allegations about how those services have become constitutionally insufficient.
Plaintiffs certainly have not shown the complete breakdown in educational programing as present in Donnell or the absolute failure to consider individualized needs as present in Morgan that gave rise to a finding of a constitutional deprivation. See Donnell 829 F. Supp. at 1017-18; Morgan, 432 F. Supp. at 1141–43.24
On the contrary, OJJ has made efforts to follow the guidelines it received from the Louisiana Department of Education (“LDOE”) and has simply implemented the same socialdistance learning procedures that have been used in schools across the state. See Exhibit D, ¶ 13. These distance learning efforts, based on recommendations from the LDOE, include providing the students with worksheets and online assignments, along with access to online classroom software. Id. ¶¶ 11,14. Further, OJJ is continually revising and updating its distance learning plan to address concerns and developments as the pandemic progresses. Id. ¶ 15; Exhibit D-3. The secure care facilities have also implemented procedures to ensure the Youths have access to the mental health
23 See Section H, supra. 24 Plaintiffs have also failed to show, or even suggest, that the COVID-19 protocols have resulted in Youth being subject to adult hard-labor requirements or have otherwise made the Youth’s confinement indistinguishable from that of adult prisoners, as was the case in In re C.B. 708 So.2d at 395-400
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services they require and that they are being provided with the recreation and entertainment materials that can reasonably be made available under the circumstances. Exhibit A, ¶¶ 63-66; Exhibit C, ¶¶ 30, 35.
As long recognized in the Fifth Circuit, courts are not in “a position to monitor day-by-day changes that affect rehabilitation programs.” Morales v. Turman, 562 F.2d at 996. Intervention on this issue is “a significant federal intrusion into a state’s affairs,” where “[s]tate governments have wide discretion.” Id. at 996. This consideration is especially critical during a rapidly evolving, unprecedent health pandemic.
For these reasons, Plaintiff’s claims regarding a constitutional deprivation of educational and rehabilitative services are not substantially likely to succeed on the merits. Because Plaintiffs cannot establish the first element of injunctive relief, the Court should deny Plaintiffs’ Motion. II. There is no substantial threat of irreparable injury to Plaintiffs if the injunction is
denied. “One seeking injunctive relief must demonstrate a real and immediate threat that he will be subject to the behavior which he seeks to enjoin. It is not sufficient for the plaintiff to speculate that he will be subject to injurious conduct if the practice is continued ….” Gladden v. Roach, 864 F.2d 1196, 1198 (5th Cir. 1989) (citing City of L.A. v. Lyons, 461 U.S. 95 (1983)) (emphasis added). An injunction is not appropriate where the movant presents only the “mere fact that irreparable harm may possibly ensue if restraint is not imposed.” Standard Brands, Inc. v. Zumpe, 264 F. Supp. 254, 267 (E.D. La. 1967) (emphasis added) (citations omitted). Indeed, “[i]njunctions will not be issued merely to allay the fears and apprehensions or to soothe the anxieties of the parties.” Id. at 267-68.25 Instead, and particularly concerning injunctions against the government,
25 See also Simon v. Southwest La. Elec. Membership Corp., 267 So.2d 757, 760 (La. App. 1972) (“[T]he applicant for injunction must show a reasonable probability that the acts sought to be enjoined will occur. It is not sufficient for plaintiff to simply state that he fears they will occur.”).
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“courts should not intervene [by granting injunctions] unless the need for equitable relief is clear, not remote or speculative.” Machete Prod., L.L.C. v. Page, 809 F.3d 281, 288 (5th Cir. 2015).
Another district court within the Fifth Circuit recently addressed the “irreparable injury” element in the context of a COVID-19 case filed by an incarcerated individual. See Sacal-Micha v. Longoria, --- F.3d ----, 2020 WL 1518861, at *5-6 (S.D. Tex. March 27, 2020). In that case, the plaintiff argued the irreparable injury element was met because the risk of death was significant; he argued there is a “high likelihood” that “many detainees … will contract COVID-19,” and those with underlying medical conditions (like plaintiff) are even more “prone to the more serious aspects of the virus.” Id. But the court found plaintiff “offers no evidence to support these propositions other than conclusions extrapolated from general information.” Id. Further, accepting the plaintiff’s argument “would logically require the release of all individuals currently detained” who were vulnerable to COVID-19. Id. As such, the court rightly rejected plaintiff’s logic. Id. In denying plaintiff’s motion for TRO, the court recognized the “extraordinary and unique publichealth risk to society” presented by COVID-19, and admitted that despite the facility’s best efforts, the “particularly vulnerable” plaintiff may be exposed to and even contract the virus. Id. Still, “the fact that [the defendant facility] may be unable to implement the measures that would be required to fully guarantee [plaintiff’s] safety does not amount to a violation of his constitutional rights and does not warrant” the injunctive relief plaintiff seeks (including but not limited to release). Id.
Here, Plaintiffs’ argument is akin to the Sacal plaintiff. Plaintiffs dedicate six pages of their Brief to present general information about the risks of COVID-19. See Pls.’ TRO Br. (Doc. No. 71) at 3-9. While Plaintiffs’ Brief goes on to allege claims more specific to Defendants’ response, those claims are based on hearsay and speculation and are largely discredited by Defendants’ sworn testimony. See generally Exhibits A–D. Plaintiffs here invite this Court to follow the same
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logic offered in Sacal: if Defendants cannot prevent Plaintiffs from being exposed to COVID-19, then Plaintiffs’ constitutional rights are violated and an injunction is warranted. The Sacal court rejected this reasoning. On the same grounds, this Court should do the same.
As Louisiana courts have held, “speculative injury” is not sufficient to establish irreparable harm for purposes of injunctive relief; the movant must present “more than an unfounded fear” of injury. Dixie Brewing Co., Inc. v. U.S. Dep’t of Vet. Affairs, 952 F. Supp.2d 809, 813 (E.D. La. 2013) (citations and brackets omitted). An injunction requires that an irreparable injury “be both certain and great,” “actual and not theoretical.” Id. (citations, quotations, and brackets omitted). Here, Plaintiffs have shown no more than—at best—an unfounded fear or speculation of potential risk of contracting an illness from which the vast majority fully recover. Plaintiffs have failed to demonstrate a substantial threat of irreparable injury as required for injunctive relief. III. The certain and immediate harm to Defendants if the injunction is granted outweighs
Plaintiffs’ speculation of potential injury if the injunction is denied. While Plaintiff fails to establish more than a mere speculation of potential injury if the injunction is denied, Defendants will suffer irreparable injury as a matter of law if the injunction is granted. See Valentine, 956 F.3d at 803. (“[A]ny time a State is enjoined by a court from effectuating statutes enacted by representatives of its people, it suffers a form of irreparable injury.”) (quoting Maryland v. King, 567 U.S. 1301, (2012) (Roberts, C.J., in chambers)). Here, as in Valentine, the State of Louisiana has “assigned the prerogatives” of juvenile detention policy to Defendants, and the Court’s injunction would “prevent the State from effectuating the Legislature’s choice and hence imposes irreparable injury.” Id. Like the Valentine court explained, the Supreme Court “has repeatedly warned that it is difficult to imagine an activity in which a State has a stronger interest, or one that is more intricately bound up with state laws, regulations, and procedures, than the administration of its prisons.” Id. (quotations omitted). As
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such, like the Valentine defendants, Defendants will be irreparably harmed if the injunction is granted. Id.
As recognized in Valentine, in the midst of the COVID-19 pandemic, the harm to Defendants is “particularly acute” because an injunction would interfere with OJJ’s “system-wide approach” to respond to the crisis. Id. Issuing an injunction here will threaten Defendants’ “ability to continue to adjust its policies” by “lock[ing] in place a set of policies for a crisis that defies fixed approaches.” Id. If Defendants are not free to respond to COVID-19 “without a permission slip from the district court, … [t]hat constitutes irreparable harm.” Id.
Following the Fifth Circuit’s well-reasoned analysis in Valentine, Plaintiffs’ Motion for injunction should be denied. IV. The public interest is served if the Motion is denied.
While Plaintiffs’ Motion asserts it is “always” in the public interest to prevent the violation of constitutional rights, there are limits to this sweeping statement. See Pls.’ TRO Br. (Doc. No. 7-1) at 23-24, § III.26 Indeed, “when a state statute vests state officials with broad discretionary authority concerning [prison operations], the Constitution affords the prisoners no constitutionally protected interests that might outweigh defendants’ or the public interests in prison administration.” Patterson v. Daniels, No. 12-1674, 2010 WL 2100546, at *21 (E.D. La. March 22, 2013) (referencing Olim v. Wakinekona, 461 U.S. 238, 249–50 (1983) and Merit v. Lynn, 848 F.Supp. 1266, 1267–68 (W.D. La. 1994)).
Louisiana courts have held it is “against the public interest to issue an injunction based solely on plaintiff’s disagreement with the health care being provided” by “corrections officials who are presently charged with that obligation.” Hawkins v. Hawkins, No. 3:11–cv–1325, 2012
26 If there were no limits on this position, then the fourth factor would be a moot point, as it would always weigh in favor of a movant claiming deprivation of constitutional rights.
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WL 601426, at *9 (W.D. La. Jan. 2, 2012) (where plaintiff inmate complained of denial of prompt
and appropriate medical care and requested injunctive relief for same). Again, the Supreme Court
“has continuously cautioned federal courts from assuming a greater role in decisions affecting
prison administration.” Id. (collecting cases); see also Zantiz v. Seal, No. 12-1580, 2013 WL
357069, at *4 (E.D. La. Jan. 29, 2013) (“To issue an injunction against this facility would limit
those best equipped to make decisions about the proper procedures to maintain safety, and would
therefore disserve the public interest in maintaining the safety of the prisoners and officers at the
facility.”) (where plaintiff inmate complained of, inter alia, inadequate medical care).
Therefore, Plaintiffs have failed to establish that the public interest will be served if the
injunction is granted. The Court should deny the Motion for injunctive relief.
CONCLUSION
As demonstrated here, Plaintiffs’ Motion for Emergency Temporary Restraining Order is
unwarranted and should be denied. • Plaintiffs fail to establish a substantial likelihood of success on the merits for multiple reasons: (1) Plaintiffs failed to exhaust administrative remedies, (2) Plaintiffs cannot rely on a relaxed “objectively unreasonable” liability standard, (3) Plaintiffs do not— and cannot—establish Defendants were objectively or subjectively deliberately indifferent, and (4) Plaintiffs improperly assert a claim based on the Louisiana Constitution that is neither legally or factually actionable. • Plaintiffs fail to establish they will suffer an irreparable injury if the injunction is not granted; their speculative fear of COVID-19 exposure does not amount to a violation of their constitutional rights. • Plaintiffs ignore the certain and immediate harm to Defendants if an injunction is granted, as this would interrupt OJJ’s ability to continue appropriately responding to this evolving health crisis. • Plaintiffs’ request for injunctive relief is inconsistent with the public interest, based on OJJ’s duty under Louisiana law to oversee and administer juvenile justice.
For all of these reasons, the Court should deny Plaintiffs’ Motion.
Dated: May 26, 2020 33

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Respectfully submitted,
Defendants The Louisiana Office of Juvenile Justice, Edward Dustin Bickham, James Woods, Shannon Matthews, Shawn Herbert, and Rodney Ward
By: S/Allena McCain Randal J. Robert (La. Bar No. 21840) Connell L/ Archey (La. Bar No. 20086) Allena W. McCain (La. Bar. No. 38830) Butler Snow LLP City Plaza 445 North Boulevard, Suite 300 (70802) P.O. Box 2997 Baton Rouge, LA 70821 randy.robert@butlersnow.com connell.archey@butlersnow.com allena.mccain@butlersnow.com Phone: 225-325-8735 Fax: 225-343-0630
Kyle V. Miller, admitted pro hac vice Lemuel E. Montgomery III, admitted pro hac vice Butler Snow LLP kyle.miller@butlersnow.com lem.montgomery@butlersnow.com 1020 Highland Colony Parkway, Suite 1400 Ridgeland, MS 39157 Phone: 601-948-5711 Fax: 601-985-4500
Defendants’ Attorneys
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CERTIFICATE OF SERVICE

I, Allena W. McCain, hereby certify that I have today served the foregoing Response to Plaintiffs’ Motion for Emergency Temporary Restraining Order via the Court’s electronic filing system, which provided notice to the following counsel of record:

ATTORNEYS FOR PLAINTIFFS:

Mercedes Montagnes Nishi Kumar The Promise of Justice Initiative 1024 Elysian Fields Avenue New Orleans, LA 70117 Telephone: (504) 529-5955 Facsimile: (504) 595-8006 Email: mmontagnes@defendla.org
Marsha Levick Jessica Feierman Karen U. Lindell JUVENILE LAW CENTER 1800 JFK Boulevard, Suite 1900A Philadelphia, PA 19103 Telephone: (215) 625-0551 Email: mlevick@jlc.com
Stuart Sarnoff Lisa Pensabene Laura Aronsson Mariam Kamran O’MELVENY & MYERS LLP Times Square Tower 7 Times Square New York, NY 10036 Telephone: (212) 326-2000 Email: ssarnoff@omm.com

Brandon Amash O’MELVENY & MYERS LLP 610 Newport Center Drive 17th Floor Newport Beach, CA 92660 Telephone: (949) 823-6900 Email: bamash@omm.com
John Adcock La. Bar No. 30372 Adcock Law LLC 3110 Canal Street New Orleans, LA 70119 Telephone: (504) 233-3125 Email: jnadcock@gmail.com
Benjamin Singer Jason Yan O’MELVENY & MYERS LLP 1625 Eye Street, NW Washington, DC 20006 Telephone: (202) 383-5300 Email: bsinger@omm.com
David Lash O’MELVENY & MYERS LLP 400 South Hope Street 18th Floor Los Angeles, CA 90071 Telephone: 213-430-6000 Email: dlash@omm.com

Dated: May 26, 2020
53128500.v2

S/Allena McCain ALLENA W. McCAIN

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EXHIBIT
A

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EXHIBIT
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EXHIBIT
A-2

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EXHIBIT
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Bridge City/

POLICY:

Swanson/

Columbia/Acadiana No. C-5

Centers for Youth

ACA: 4-JCF-4C-05M REFERENCE: 3-JTS-4C-07

Access to Care
Date of Origin: 9/1/10 Revised and Effective:
3/1/2020

PURPOSE
Identifies a system by which youth are advised of health care services available and the means to access these services on a 24-hour basis. Such a system includes, but is not limited to: • Identification of the healthcare services. • Compliance with state and federal laws in the provision of and access to health care
services. • Documentation that juveniles are informed about how to access health-care services.

POLICY:
Wellpath makes provisions for youth to access a 24-hour system to assure youth’s access to health care without delay, interference, or punitive measures. Upon arrival at the facility, all juveniles are informed about how to access health care services. This information is communicated orally and in writing, in a language that is easily understood by each youth. When a literacy or language problem prevents a juvenile from understanding oral and written information, OJJ is responsible for providing a staff person or other translator to assist the youth. Wellpath utilizes Language Line – which provided 24/7 translator services.

PROCEDURE:

1. The nurse completing the Receiving Screening informs all juveniles of available health care verbally, at the time of intake. This will include information on accessing regular sick call as well as declaring a medical emergency.
2. Bilingual signs are posted in the receiving area and in the housing units that explain how to access emergency and routine medical care.
3. The facility director will be notified when a translator may be required to assist in

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information exchange between juvenile offenders and medical personnel. 4. Youth will acknowledge receipt of information relating to access to healthcare by
reading and signing the “How to Obtain Medical Services” form.

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Bridge City/

POLICY:

Swanson/

Columbia/Acadiana No. C-6

Centers for Youth

Health Call
Date of Origin: 9/1/10 Revised and Effective:
3/1/2020

ACA: 4-JCF-4C-06

REFERENCE: 3-JTS-4C-08, 3-JTS-4C-09, 3-JTS-4C-10, 3-JTS-4C-30

PURPOSE
Identifies a system by which youth are advised of health care services available and the means to access these services on a 24-hour basis. Such a system includes, but is not limited to: • Identification of the healthcare services. • Defining process for triage and referrals for youth. • Compliance with state and federal laws in the provision of and access to health care
services.

POLICY

Wellpath makes provisions for youth to access a 24-hour system to assure youth’s access to health care without delay, interference, or punitive measures. There is a process in place for all juveniles to initiate requests for health services on a daily basis. All health care requests are triaged by a qualified health care professional or health-trained personnel. A priority system is used to schedule health care services and shall address routine, urgent, and emergent juvenile health care requests and conditions.

Health care services are available to juveniles in a clinical setting at least five (5) days a week and provided by a qualified health care professional. A health care practitioner is available at least once a week to respond to juvenile health concerns.

Health care services are provided by qualified health care professionals currently licensed and/or registered in compliance with relevant state and federal laws and regulations of secure juvenile facilities. Job descriptions detailing duties and responsibilities of health care personnel are approved by facility’s Health Services Administrator. Verification of current licensure/registration and job descriptions are on file in the medical administration office at the facility.

No member of the custody or security staff shall impede the juvenile’s requests for access to health care services. All juvenile offenders have access to the Health Call Slips on a daily basis. The Health call slip/forms can be obtained from the nurse at med pass and are located with the Health Call boxes.

Bilingual signs are posted in the receiving area and in the housing units that explain how

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to access emergency and routine medical care. The facility director will be notified when a translator may be required to assist in information exchange between juvenile offenders and medical personnel. Wellpath utilizes Language Line – which provided 24/7 translator services.
PROCEDURE
I. Youth will receive information and education as to how to obtain health care (orally and in writing) when they arrive in the facility. This will include information on accessing regular sick call as well as declaring a medical emergency. OJJ staff cannot approve or disapprove juveniles’ requests for health services. Request for health services will be reviewed by appropriate Wellpath medical staff.
II. Youth will have access to sick call visits for urgent health conditions, as scheduled by medical staff. Youth in crisis intervention units or protective custody will also have regular visits by health care staff. Medication administration is held at least two times per day. There will be physician and nurse practitioner (NP) clinics offered during weekdays. A youth can request to be seen at any time by declaring a medical emergency (see Twenty-Four Hour Emergency Care –B.6.1 J/HC-MC 09-02).
III. Separate chronic illness clinics will be held at regular intervals. Youth determined to need physician or NP services during nurse sick call will be scheduled for care by appropriate medical staff. Youth who require immediate or urgent care from a physician/NP are referred Monday through Friday directly to these providers or if after hours, referred to the appropriate off-site emergency care facility.
IV. There shall be a priority system established for scheduling non-emergency medical, dental, and psychiatric clinics in situations in which all youth requesting/referred for such services cannot be seen at the next scheduled clinic.
V. Physician or designee will notify parents or guardians of youth regarding pertinent medical concerns or findings. Documentation of contact shall be maintained at each facility, and in youth’s healthcare record.
VI. In the case of youth refusal of treatment, medical staff will attempt to determine reason for youth refusal of treatment and document findings in youth’s medical chart, and contact guardian, as appropriate.

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Responsibility

Action

Youth Nurse
HCP/MHP HCP/Designee

The youth requesting routine, non-emergent health care will fill out the Sick Call Slip, date and sign it, and return to health personnel during med pass or drop the request in the locked boxes located in the housing units, medical unit, dining hall and school. Will complete a Health Service Request (Sick Call) form and place it in the box marked “Sick Call” in the designated areas (dining hall, dorm, mental health unit, etc.). The nurse will pick up Sick Call forms every morning and evening.
The nurse will review and triage sick calls; and call youth in accordingly. The nurse will access youth, complete and document a full set of vital signs; document in SOAP format. The nurse will determine youth’s medical/mental health needs and referred youth to appropriate health care practitioner/mental health professional. The HCP/MHP will evaluate and treat youth requiring immediate or urgent care during normal business hours Monday through Friday. The HCP/MHP will refer youth to appropriate off-site emergency care facility if after hours. The HCP/designee will notify the youth’s parents or guardians of any pertinent medical concerns or findings. Documentation of notification must be placed in the youth’s health record and maintained at the housing facility

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COVID-19

Friday, May 8, 2020

K.D.

Atlantis

4/6/2020

Positive

Isolated- Holly A

98.3

4/20/2020

L.M.

Endeavor

4/6/2020

Positive

Isolated- Holly D

97.6

4/20/2020

J.D. J.G.
NOTE:

Endeavor

4/6/2020 Positive

Isolated- Holly D

97.9

4/20/2020

Fever, Body

Endeavor

4/9/2020

Positive

Isolated- Holly D

98

Aches, Nasal Congestion,

4/23/2020

Mild Sore throat

Anticipated Discharge Date is dependent upon the youth being fever free for 72 hours without the use of fever-reducing medications, exhibiting no

other symptoms and 14 days have passed since the youth exhibited the first symptoms or was tested per CDC Guidance for Management of COVID-19 in

Correctional and Detention Facilities.

REDACTED DOCUMENT

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InteriCmaseG3:u20i-dcva-0n02c9e3-JoWnD-EMWDanaDogcuemmenet 3n4-t1 o0f5/C27o/2r0onPaagev4i2ruofs70Disease 2019 (COVID-19) in Correctional and Detention Facilities

This interim guidance is based on what is currently known about the transmission and severity of coronavirus disease 2019 (COVID-19) as of March 23, 2020.
The US Centers for Disease Control and Prevention (CDC) will update this guidance as needed and as additional information becomes available. Please check the following CDC website periodically for updated interim guidance: https://www.cdc.gov/coronavirus/2019-ncov/index.html.
This document provides interim guidance speciﬁc for correctional facilities and detention centers during the outbreak of COVID-19, to ensure continuation of essential public services and protection of the health and safety of incarcerated and detained persons, staﬀ, and visitors. Recommendations may need to be revised as more information becomes available.

In this guidance
• Who is the intended audience for this guidance?
• Why is this guidance being issued?
• What topics does this guidance include?
• Deﬁnitions of Commonly Used Terms
• Facilities with Limited Onsite Healthcare Services
• COVID-19 Guidance for Correctional Facilities
• Operational Preparedness
• Prevention
• Management
• Infection Control
• Clinical Care of COVID-19 Cases
• Recommended PPE and PPE Training for Staﬀ and Incarcerated/Detained Persons
• Verbal Screening and Temperature Check Protocols for Incarcerated/ Detained Persons, Staﬀ, and Visitors

Who is the intended audience for this guidance?
This document is intended to provide guiding principles for healthcare and non-healthcare administrators of correctional and detention facilities (including but not limited to federal and state prisons, local jails, and detention centers), law enforcement agencies that have custodial authority for detained populations (i.e., US Immigration and Customs Enforcement and US Marshals Service), and their respective health departments, to assist in preparing for potential introduction, spread, and mitigation of COVID-19 in their facilities. In general, the document uses terminology referring to correctional environments but can also be applied to civil and pre-trial detention settings.
This guidance will not necessarily address every possible custodial setting and may not use legal terminology speciﬁc to individual agencies’ authorities or processes. The guidance may need to be adapted based on individual facilities’ physical space, staﬃng, population, operations, and other resources and conditions. Facilities should contact CDC or their state, local, territorial, and/or tribal public health department if they need assistance in applying these principles or addressing topics that are not speciﬁcally covered in this guidance.

CS 316182-A 03/27/2020

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Why is this guidance being issued?
Correctional and detention facilities can include custody, housing, education, recreation, healthcare, food service, and workplace components in a single physical setting. The integration of these components presents unique challenges for control of COVID-19 transmission among incarcerated/detained persons, staﬀ, and visitors. Consistent application of speciﬁc preparation, prevention, and management measures can help reduce the risk of transmission and severe disease from COVID-19.
• Incarcerated/detained persons live, work, eat, study, and recreate within congregate environments, heightening the potential for COVID-19 to spread once introduced.
• In most cases, incarcerated/detained persons are not permitted to leave the facility.
• There are many opportunities for COVID-19 to be introduced into a correctional or detention facility, including daily staﬀ ingress and egress; transfer of incarcerated/detained persons between facilities and systems, to court appearances, and to outside medical visits; and visits from family, legal representatives, and other community members. Some settings, particularly jails and detention centers, have high turnover, admitting new entrants daily who may have been exposed to COVID-19 in the surrounding community or other regions.
• Persons incarcerated/detained in a particular facility often come from a variety of locations, increasing the potential to introduce COVID-19 from diﬀerent geographic areas.
• Options for medical isolation of COVID-19 cases are limited and vary depending on the type and size of facility, as well as the current level of available capacity, which is partly based on medical isolation needs for other conditions.
• Adequate levels of custody and healthcare staﬃng must be maintained to ensure safe operation of the facility, and options to practice social distancing through work alternatives such as working from home or reduced/alternate schedules are limited for many staﬀ roles.
• Correctional and detention facilities can be complex, multi-employer settings that include government and private employers. Each is organizationally distinct and responsible for its own operational, personnel, and occupational health protocols and may be prohibited from issuing guidance or providing services to other employers or their staﬀ within the same setting. Similarly, correctional and detention facilities may house individuals from multiple law enforcement agencies or jurisdictions subject to diﬀerent policies and procedures.
• Incarcerated/detained persons and staﬀ may have medical conditions that increase their risk of severe disease from COVID-19.
• Because limited outside information is available to many incarcerated/detained persons, unease and misinformation regarding the potential for COVID-19 spread may be high, potentially creating security and morale challenges.
• The ability of incarcerated/detained persons to exercise disease prevention measures (e.g., frequent handwashing) may be limited and is determined by the supplies provided in the facility and by security considerations. Many facilities restrict access to soap and paper towels and prohibit alcohol-based hand sanitizer and many disinfectants.
• Incarcerated persons may hesitate to report symptoms of COVID-19 or seek medical care due to co-pay requirements and fear of isolation.
CDC has issued separate COVID-19 guidance addressing healthcare infection control and clinical care of COVID-19 cases as well as close contacts of cases in community-based settings. Where relevant, community-focused guidance documents are referenced in this document and should be monitored regularly for updates, but they may require adaptation for correctional and detention settings.
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This guidance document provides additional recommended best practices speciﬁcally for correctional and detention facilities. At this time, diﬀerent facility types (e.g., prison vs. jail) and sizes are not diﬀerentiated. Administrators and agencies should adapt these guiding principles to the speciﬁc needs of their facility.
What topics does this guidance include?
The guidance below includes detailed recommendations on the following topics related to COVID-19 in correctional and detention settings:
√ Operational and communications preparations for COVID-19
√ Enhanced cleaning/disinfecting and hygiene practices
√ Social distancing strategies to increase space between individuals in the facility
√ How to limit transmission from visitors
√ Infection control, including recommended personal protective equipment (PPE) and potential alternatives during PPE shortages
√ Verbal screening and temperature check protocols for incoming incarcerated/detained individuals, staff, and visitors
√ Medical isolation of confirmed and suspected cases and quarantine of contacts, including considerations for cohorting when individual spaces are limited
√ Healthcare evaluation for suspected cases, including testing for COVID-19
√ Clinical care for confirmed and suspected cases
√ Considerations for persons at higher risk of severe disease from COVID-19
Definitions of Commonly Used Terms
Close contact of a COVID-19 case—In the context of COVID-19, an individual is considered a close contact if they a) have been within approximately 6 feet of a COVID-19 case for a prolonged period of time or b) have had direct contact with infectious secretions from a COVID-19 case (e.g., have been coughed on). Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the deﬁnition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID-19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
Cohorting—Cohorting refers to the practice of isolating multiple laboratory-conﬁrmed COVID-19 cases together as a group, or quarantining close contacts of a particular case together as a group. Ideally, cases should be isolated individually, and close contacts should be quarantined individually. However, some correctional facilities and detention centers do not have enough individual cells to do so and must consider cohorting as an alternative. See Quarantine and Medical Isolation sections below for speciﬁc details about ways to implement cohorting to minimize the risk of disease spread and adverse health outcomes.
Community transmission of COVID-19—Community transmission of COVID-19 occurs when individuals acquire the disease through contact with someone in their local community, rather than through travel to an aﬀected location. Once community transmission is identiﬁed in a particular area, correctional facilities and detention centers are more likely to start seeing cases inside their walls. Facilities should consult with local public health departments if assistance is needed in determining how to deﬁne “local community” in the context of COVID-19 spread. However, because all states have reported cases, all facilities should be vigilant for introduction into their populations.
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Conﬁrmed vs. Suspected COVID-19 case—A conﬁrmed case has received a positive result from a COVID-19 laboratory test, with or without symptoms. A suspected case shows symptoms of COVID-19 but either has not been tested or is awaiting test results. If test results are positive, a suspected case becomes a conﬁrmed case.
Incarcerated/detained persons—For the purpose of this document, “incarcerated/detained persons” refers to persons held in a prison, jail, detention center, or other custodial setting where these guidelines are generally applicable. The term includes those who have been sentenced (i.e., in prisons) as well as those held for pre-trial (i.e., jails) or civil purposes (i.e, detention centers). Although this guidance does not speciﬁcally reference individuals in every type of custodial setting (e.g., juvenile facilities, community conﬁnement facilities), facility administrators can adapt this guidance to apply to their speciﬁc circumstances as needed.
Medical Isolation—Medical isolation refers to conﬁning a conﬁrmed or suspected COVID-19 case (ideally to a single cell with solid walls and a solid door that closes), to prevent contact with others and to reduce the risk of transmission. Medical isolation ends when the individual meets pre-established clinical and/or testing criteria for release from isolation, in consultation with clinical providers and public health oﬃcials (detailed in guidance below). In this context, isolation does NOT refer to punitive isolation for behavioral infractions within the custodial setting. Staﬀ are encouraged to use the term “medical isolation” to avoid confusion.
Quarantine—Quarantine refers to the practice of conﬁning individuals who have had close contact with a COVID-19 case to determine whether they develop symptoms of the disease. Quarantine for COVID-19 should last for a period of 14 days. Ideally, each quarantined individual would be quarantined in a single cell with solid walls and a solid door that closes. If symptoms develop during the 14-day period, the individual should be placed under medical isolation and evaluated for COVID-19. If symptoms do not develop, movement restrictions can be lifted, and the individual can return to their previous residency status within the facility.
Social Distancing—Social distancing is the practice of increasing the space between individuals and decreasing the frequency of contact to reduce the risk of spreading a disease (ideally to maintain at least 6 feet between all individuals, even those who are asymptomatic). Social distancing strategies can be applied on an individual level (e.g., avoiding physical contact), a group level (e.g., canceling group activities where individuals will be in close contact), and an operational level (e.g., rearranging chairs in the dining hall to increase distance between them). Although social distancing is challenging to practice in correctional and detention environments, it is a cornerstone of reducing transmission of respiratory diseases such as COVID-19. Additional information about social distancing, including information on its use to reduce the spread of other viral illnesses, is available in this CDC publication.
Staﬀ—In this document, “staﬀ” refers to all public sector employees as well as those working for a private contractor within a correctional facility (e.g., private healthcare or food service). Except where noted, “staﬀ” does not distinguish between healthcare, custody, and other types of staﬀ including private facility operators.
Symptoms—Symptoms of COVID-19 include fever, cough, and shortness of breath. Like other respiratory infections, COVID-19 can vary in severity from mild to severe. When severe, pneumonia, respiratory failure, and death are possible. COVID-19 is a novel disease, therefore the full range of signs and symptoms, the clinical course of the disease, and the individuals and populations most at risk for disease and complications are not yet fully understood. Monitor the CDC website for updates on these topics.
Facilities with Limited Onsite Healthcare Services
Although many large facilities such as prisons and some jails usually employ onsite healthcare staﬀ and have the capacity to evaluate incarcerated/detained persons for potential illness within a dedicated healthcare space, many smaller facilities do not. Some of these facilities have access to on-call healthcare staﬀ or providers who visit the facility every few days. Others have neither onsite healthcare capacity nor onsite medical isolation/quarantine space and must transfer ill patients to other correctional or detention facilities or local hospitals for evaluation and care.
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The majority of the guidance below is designed to be applied to any correctional or detention facility, either as written or with modiﬁcations based on a facility’s individual structure and resources. However, topics related to healthcare evaluation and clinical care of conﬁrmed and suspected COVID-19 cases and their close contacts may not apply directly to facilities with limited or no onsite healthcare services. It will be especially important for these types of facilities to coordinate closely with their state, local, tribal, and/or territorial health department when they encounter conﬁrmed or suspected cases among incarcerated/detained persons or staﬀ, in order to ensure eﬀective medical isolation and quarantine, necessary medical evaluation and care, and medical transfer if needed. The guidance makes note of strategies tailored to facilities without onsite healthcare where possible.
Note that all staﬀ in any sized facility, regardless of the presence of onsite healthcare services, should observe guidance on recommended PPE in order to ensure their own safety when interacting with conﬁrmed and suspected COVID-19 cases. Facilities should make contingency plans for the likely event of PPE shortages during the COVID-19 pandemic.
COVID-19 Guidance for Correctional Facilities
Guidance for correctional and detention facilities is organized into 3 sections: Operational Preparedness, Prevention, and Management of COVID-19. Recommendations across these sections can be applied simultaneously based on the progress of the outbreak in a particular facility and the surrounding community.
• Operational Preparedness. This guidance is intended to help facilities prepare for potential COVID-19 transmission in the facility. Strategies focus on operational and communications planning and personnel practices.
• Prevention. This guidance is intended to help facilities prevent spread of COVID-19 from outside the facility to inside. Strategies focus on reinforcing hygiene practices, intensifying cleaning and disinfection of the facility, screening (new intakes, visitors, and staﬀ), continued communication with incarcerated/ detained persons and staﬀ, and social distancing measures (increasing distance between individuals).
• Management. This guidance is intended to help facilities clinically manage conﬁrmed and suspected COVID-19 cases inside the facility and prevent further transmission. Strategies include medical isolation and care of incarcerated/detained persons with symptoms (including considerations for cohorting), quarantine of cases’ close contacts, restricting movement in and out of the facility, infection control practices for individuals interacting with cases and quarantined contacts or contaminated items, intensiﬁed social distancing, and cleaning and disinfecting areas visited by cases.
Operational Preparedness
Administrators can plan and prepare for COVID-19 by ensuring that all persons in the facility know the symptoms of COVID-19 and how to respond if they develop symptoms. Other essential actions include developing contingency plans for reduced workforces due to absences, coordinating with public health and correctional partners, and communicating clearly with staﬀ and incarcerated/detained persons about these preparations and how they may temporarily alter daily life.
Communication & Coordination
√ Develop information-sharing systems with partners.
Identify points of contact in relevant state, local, tribal, and/or territorial public health departments before cases develop. Actively engage with the health department to understand in advance which entity has jurisdiction to implement public health control measures for COVID-19 in a particular correctional or detention facility.
Create and test communications plans to disseminate critical information to incarcerated/detained persons, staﬀ, contractors, vendors, and visitors as the pandemic progresses.
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Communicate with other correctional facilities in the same geographic area to share information including disease surveillance and absenteeism patterns among staﬀ.
Where possible, put plans in place with other jurisdictions to prevent conﬁrmed and suspected COVID-19 cases and their close contacts from being transferred between jurisdictions and facilities unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding.
Stay informed about updates to CDC guidance via the CDC COVID-19 website as more information becomes known.
√ Review existing pandemic flu, all-hazards, and disaster plans, and revise for COVID-19.
Ensure that physical locations (dedicated housing areas and bathrooms) have been identiﬁed to isolate conﬁrmed COVID-19 cases and individuals displaying COVID-19 symptoms, and to quarantine known close contacts of cases. (Medical isolation and quarantine locations should be separate). The plan should include contingencies for multiple locations if numerous cases and/ or contacts are identiﬁed and require medical isolation or quarantine simultaneously. See Medical Isolation and Quarantine sections below for details regarding individual medical isolation and quarantine locations (preferred) vs. cohorting.
Facilities without onsite healthcare capacity should make a plan for how they will ensure that suspected COVID-19 cases will be isolated, evaluated, tested (if indicated), and provided necessary medical care.
Make a list of possible social distancing strategies that could be implemented as needed at diﬀerent stages of transmission intensity.
Designate oﬃcials who will be authorized to make decisions about escalating or de-escalating response eﬀorts as the epidemiologic context changes.
√ Coordinate with local law enforcement and court officials.
Identify lawful alternatives to in-person court appearances, such as virtual court, as a social distancing measure to reduce the risk of COVID-19 transmission.
Explore strategies to prevent over-crowding of correctional and detention facilities during a community outbreak.
√ Post signage throughout the facility communicating the following: For all: symptoms of COVID-19 and hand hygiene instructions For incarcerated/detained persons: report symptoms to staﬀ For staﬀ: stay at home when sick; if symptoms develop while on duty, leave the facility as soon as possible and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms including self-isolating at home, contacting their healthcare provider as soon as possible to determine whether they need to be evaluated and tested, and contacting their supervisor.
Ensure that signage is understandable for non-English speaking persons and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision.
Personnel Practices
√ Review the sick leave policies of each employer that operates in the facility.
Review policies to ensure that they actively encourage staﬀ to stay home when sick.
If these policies do not encourage staﬀ to stay home when sick, discuss with the contract company.
Determine which oﬃcials will have the authority to send symptomatic staﬀ home.
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√ Identify staff whose duties would allow them to work from home. Where possible, allowing staff to work from home can be an effective social distancing strategy to reduce the risk of COVID-19 transmission.
Discuss work from home options with these staﬀ and determine whether they have the supplies and technological equipment required to do so.
Put systems in place to implement work from home programs (e.g., time tracking, etc.).
√ Plan for staff absences. Staff should stay home when they are sick, or they may need to stay home to care for a sick household member or care for children in the event of school and childcare dismissals.
Allow staﬀ to work from home when possible, within the scope of their duties.
Identify critical job functions and plan for alternative coverage by cross-training staﬀ where possible.
Determine minimum levels of staﬀ in all categories required for the facility to function safely. If possible, develop a plan to secure additional staﬀ if absenteeism due to COVID-19 threatens to bring staﬃng to minimum levels.
Consider increasing keep on person (KOP) medication orders to cover 30 days in case of healthcare staﬀ shortages.
√ Consider offering revised duties to staff who are at higher risk of severe illness with COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions including lung disease, heart disease, and diabetes. See CDC’s website for a complete list, and check regularly for updates as more data become available to inform this issue.
Facility administrators should consult with their occupational health providers to determine whether it would be allowable to reassign duties for speciﬁc staﬀ members to reduce their likelihood of exposure to COVID-19.
√ Offer the seasonal influenza vaccine to all incarcerated/detained persons (existing population and new intakes) and staff throughout the influenza season. Symptoms of COVID-19 are similar to those of influenza. Preventing influenza cases in a facility can speed the detection of COVID-19 cases and reduce pressure on healthcare resources.
√ Reference the Occupational Safety and Health Administration website for recommendations regarding worker health.
√ Review CDC’s guidance for businesses and employers to identify any additional strategies the facility can use within its role as an employer.
Operations & Supplies
√ Ensure that sufficient stocks of hygiene supplies, cleaning supplies, PPE, and medical supplies (consistent with the healthcare capabilities of the facility) are on hand and available, and have a plan in place to restock as needed if COVID-19 transmission occurs within the facility.
Standard medical supplies for daily clinic needs
Tissues
Liquid soap when possible. If bar soap must be used, ensure that it does not irritate the skin and thereby discourage frequent hand washing.
Hand drying supplies
Alcohol-based hand sanitizer containing at least 60% alcohol (where permissible based on security restrictions)
Cleaning supplies, including EPA-registered disinfectants eﬀective against the virus that causes COVID-19
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Recommended PPE (facemasks, N95 respirators, eye protection, disposable medical gloves, and disposable gowns/one-piece coveralls). See PPE section and Table 1 for more detailed information, including recommendations for extending the life of all PPE categories in the event of shortages, and when face masks are acceptable alternatives to N95s. Sterile viral transport media and sterile swabs to collect nasopharyngeal specimens if COVID-19 testing is indicated
√ Make contingency plans for the probable event of PPE shortages during the COVID-19 pandemic, particularly for non-healthcare workers. See CDC guidance optimizing PPE supplies.
√ Consider relaxing restrictions on allowing alcohol-based hand sanitizer in the secure setting where security concerns allow. If soap and water are not available, CDC recommends cleaning hands with an alcohol-based hand sanitizer that contains at least 60% alcohol. Consider allowing staff to carry individual-sized bottles for their personal hand hygiene while on duty.
√ Provide a no-cost supply of soap to incarcerated/detained persons, sufficient to allow frequent hand washing. (See Hygiene section below for additional detail regarding recommended frequency and protocol for hand washing.) Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin and thereby discourage frequent hand washing.
√ If not already in place, employers operating within the facility should establish a respiratory protection program as appropriate, to ensure that staff and incarcerated/detained persons are fit tested for any respiratory protection they will need within the scope of their responsibilities.
√ Ensure that staff and incarcerated/detained persons are trained to correctly don, doff, and dispose of PPE that they will need to use within the scope of their responsibilities. See Table 1 for recommended PPE for incarcerated/detained persons and staff with varying levels of contact with COVID-19 cases or their close contacts.
Prevention
Cases of COVID-19 have been documented in all 50 US states. Correctional and detention facilities can prevent introduction of COVID-19 from the community and reduce transmission if it is already inside by reinforcing good hygiene practices among incarcerated/detained persons, staﬀ, and visitors (including increasing access to soap and paper towels), intensifying cleaning/disinfection practices, and implementing social distancing strategies.
Because many individuals infected with COVID-19 do not display symptoms, the virus could be present in facilities before cases are identiﬁed. Both good hygiene practices and social distancing are critical in preventing further transmission.
Operations
√ Stay in communication with partners about your facility’s current situation. State, local, territorial, and/or tribal health departments Other correctional facilities
√ Communicate with the public about any changes to facility operations, including visitation programs.
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√ Restrict transfers of incarcerated/detained persons to and from other jurisdictions and facilities unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding. Strongly consider postponing non-urgent outside medical visits. If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case— including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to properly isolate the individual upon arrival. Ensure that staﬀ transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
√ Implement lawful alternatives to in-person court appearances where permissible.
√ Where relevant, consider suspending co-pays for incarcerated/detained persons seeking medical evaluation for respiratory symptoms.
√ Limit the number of operational entrances and exits to the facility.
Cleaning and Disinfecting Practices
√ Even if COVID-19 cases have not yet been identified inside the facility or in the surrounding community, begin implementing intensified cleaning and disinfecting procedures according to the recommendations below. These measures may prevent spread of COVID-19 if introduced.
√ Adhere to CDC recommendations for cleaning and disinfection during the COVID-19 response. Monitor these recommendations for updates. Several times per day, clean and disinfect surfaces and objects that are frequently touched, especially in common areas. 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). Staﬀ should clean shared equipment several times per day and on a conclusion of use basis (e.g., radios, service weapons, keys, handcuﬀs). Use household cleaners and EPA-registered disinfectants eﬀective against the virus that causes COVID-19 as appropriate for the surface, following label instructions. This may require lifting restrictions on undiluted disinfectants. Labels contain instructions for safe and eﬀective use of the cleaning product, including precautions that should be taken when applying the product, such as wearing gloves and making sure there is good ventilation during use.
√ Consider increasing the number of staff and/or incarcerated/detained persons trained and responsible for cleaning common areas to ensure continual cleaning of these areas throughout the day.
√ Ensure adequate supplies to support intensified cleaning and disinfection practices, and have a plan in place to restock rapidly if needed.
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Hygiene
√ Reinforce healthy hygiene practices, and provide and continually restock hygiene supplies throughout the facility, including in bathrooms, food preparation and dining areas, intake areas, visitor entries and exits, visitation rooms and waiting rooms, common areas, medical, and staff-restricted areas (e.g., break rooms).
√ Encourage all persons in the facility to take the following actions to protect themselves and others from COVID-19. Post signage throughout the facility, and communicate this information verbally on a regular basis. Sample signage and other communications materials are available on the CDC website. Ensure that materials can be understood by non-English speakers and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision.
Practice good cough etiquette: Cover your mouth and nose with your elbow (or ideally with a tissue) rather than with your hand when you cough or sneeze, and throw all tissues in the trash immediately after use.
Practice good hand hygiene: Regularly wash your hands with soap and water for at least 20 seconds, especially after coughing, sneezing, or blowing your nose; after using the bathroom; before eating or preparing food; before taking medication; and after touching garbage.
Avoid touching your eyes, nose, or mouth without cleaning your hands ﬁrst.
Avoid sharing eating utensils, dishes, and cups.
Avoid non-essential physical contact.
√ Provide incarcerated/detained persons and staff no-cost access to:
Soap—Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin, as this would discourage frequent hand washing.
Running water, and hand drying machines or disposable paper towels for hand washing
Tissues and no-touch trash receptacles for disposal
√ Provide alcohol-based hand sanitizer with at least 60% alcohol where permissible based on security restrictions. Consider allowing staff to carry individual-sized bottles to maintain hand hygiene.
√ Communicate that sharing drugs and drug preparation equipment can spread COVID-19 due to potential contamination of shared items and close contact between individuals.
Prevention Practices for Incarcerated/Detained Persons
√ Perform pre-intake screening and temperature checks for all new entrants. Screening should take place in the sallyport, before beginning the intake process, in order to identify and immediately place individuals with symptoms under medical isolation. See Screening section below for the wording of screening questions and a recommended procedure to safely perform a temperature check. Staff performing temperature checks should wear recommended PPE (see PPE section below).
If an individual has symptoms of COVID-19 (fever, cough, shortness of breath):
 Require the individual to wear a face mask.
 Ensure that staﬀ who have direct contact with the symptomatic individual wear recommended PPE.
 Place the individual under medical isolation (ideally in a room near the screening location, rather than transporting the ill individual through the facility), and refer to healthcare staﬀ for further evaluation. (See Infection Control and Clinical Care sections below.)
 Facilities without onsite healthcare staﬀ should contact their state, local, tribal, and/or territorial health department to coordinate eﬀective medical isolation and necessary medical care.
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If an individual is a close contact of a known COVID-19 case (but has no COVID-19 symptoms):
 Quarantine the individual and monitor for symptoms two times per day for 14 days. (See Quarantine section below.)
 Facilities without onsite healthcare staﬀ should contact their state, local, tribal, and/or territorial health department to coordinate eﬀective quarantine and necessary medical care.
√ 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). Strategies will need to be tailored to the individual space in the facility and the needs of the population and staff. Not all strategies will be feasible in all facilities. Example strategies with varying levels of intensity include:
Common areas:  Enforce increased space between individuals in holding cells, as well as in lines and waiting areas such as intake (e.g., remove every other chair in a waiting area)
Recreation:  Choose recreation spaces where individuals can spread out
 Stagger time in recreation spaces
 Restrict recreation space usage to a single housing unit per space (where feasible)
Meals:  Stagger meals
 Rearrange seating in the dining hall so that there is more space between individuals (e.g., remove every other chair and use only one side of the table)
 Provide meals inside housing units or cells
Group activities:  Limit the size of group activities
 Increase space between individuals during group activities
 Suspend group programs where participants are likely to be in closer contact than they are in their housing environment
 Consider alternatives to existing group activities, in outdoor areas or other areas where individuals can spread out
Housing:  If space allows, reassign bunks to provide more space between individuals, ideally 6 feet or more in all directions. (Ensure that bunks are cleaned thoroughly if assigned to a new occupant.)
 Arrange bunks so that individuals sleep head to foot to increase the distance between them
 Rearrange scheduled movements to minimize mixing of individuals from diﬀerent housing areas
Medical:  If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit. If this is not feasible, consider staggering sick call.
 Designate a room near the intake area to evaluate new entrants who are ﬂagged by the intake screening process for COVID-19 symptoms or case contact, before they move to other parts of the facility.
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√ Communicate clearly and frequently with incarcerated/detained persons about changes to their daily routine and how they can contribute to risk reduction.
√ Note that if group activities are discontinued, it will be important to identify alternative forms of activity to support the mental health of incarcerated/detained persons.
√ Consider suspending work release programs and other programs that involve movement of incarcerated/detained individuals in and out of the facility.
√ Provide up-to-date information about COVID-19 to incarcerated/detained persons on a regular basis, including:
Symptoms of COVID-19 and its health risks
Reminders to report COVID-19 symptoms to staﬀ at the ﬁrst sign of illness
√ Consider having healthcare staff perform rounds on a regular basis to answer questions about COVID-19.
Prevention Practices for Staﬀ
√ Remind staff to stay at home if they are sick. Ensure that staff are aware that they will not be able to enter the facility if they have symptoms of COVID-19, and that they will be expected to leave the facility as soon as possible if they develop symptoms while on duty.
√ Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all staff daily on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks.
In very small facilities with only a few staﬀ, consider self-monitoring or virtual monitoring (e.g., reporting to a central authority via phone).
Send staﬀ home who do not clear the screening process, and advise them to follow CDCrecommended steps for persons who are ill with COVID-19 symptoms.
√ Provide staff with up-to-date information about COVID-19 and about facility policies on a regular basis, including:
Symptoms of COVID-19 and its health risks
Employers’ sick leave policy
If staﬀ develop a fever, cough, or shortness of breath while at work: immediately put on a face mask, inform supervisor, leave the facility, and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
If staﬀ test positive for COVID-19: inform workplace and personal contacts immediately, and do not return to work until a decision to discontinue home medical isolation precautions is made. Monitor CDC guidance on discontinuing home isolation regularly as circumstances evolve rapidly.
If a staﬀ member is identiﬁed as a close contact of a COVID-19 case (either within the facility or in the community): self-quarantine at home for 14 days and return to work if symptoms do not develop. If symptoms do develop, follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
√ If a staff member has a confirmed COVID-19 infection, the relevant employers should inform other staff about their possible exposure to COVID-19 in the workplace, but should maintain confidentiality as required by the Americans with Disabilities Act.
Employees who are close contacts of the case should then self-monitor for symptoms (i.e., fever, cough, or shortness of breath).
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√ When feasible and consistent with security priorities, encourage staff to maintain a distance of 6 feet or more from an individual with respiratory symptoms while interviewing, escorting, or interacting in other ways.
√ Ask staff to keep interactions with individuals with respiratory symptoms as brief as possible.
Prevention Practices for Visitors
√ If possible, communicate with potential visitors to discourage contact visits in the interest of their own health and the health of their family members and friends inside the facility.
√ Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all visitors and volunteers on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks.
Staﬀ performing temperature checks should wear recommended PPE.
Exclude visitors and volunteers who do not clear the screening process or who decline screening.
√ Provide alcohol-based hand sanitizer with at least 60% alcohol in visitor entrances, exits, and waiting areas.
√ Provide visitors and volunteers with information to prepare them for screening. Instruct visitors to postpone their visit if they have symptoms of respiratory illness.
If possible, inform potential visitors and volunteers before they travel to the facility that they should expect to be screened for COVID-19 (including a temperature check), and will be unable to enter the facility if they do not clear the screening process or if they decline screening.
Display signage outside visiting areas explaining the COVID-19 screening and temperature check process. Ensure that materials are understandable for non-English speakers and those with low literacy.
√ Promote non-contact visits: Encourage incarcerated/detained persons to limit contact visits in the interest of their own health and the health of their visitors.
Consider reducing or temporarily eliminating the cost of phone calls for incarcerated/detained persons.
Consider increasing incarcerated/detained persons’ telephone privileges to promote mental health and reduce exposure from direct contact with community visitors.
√ Consider suspending or modifying visitation programs, if legally permissible. For example, provide access to virtual visitation options where available. If moving to virtual visitation, clean electronic surfaces regularly. (See Cleaning guidance below for instructions on cleaning electronic surfaces.)
Inform potential visitors of changes to, or suspension of, visitation programs.
Clearly communicate any visitation program changes to incarcerated/detained persons, along with the reasons for them (including protecting their health and their family and community members’ health).
If suspending contact visits, provide alternate means (e.g., phone or video visitation) for incarcerated/detained individuals to engage with legal representatives, clergy, and other individuals with whom they have legal right to consult.
NOTE: Suspending visitation would be done in the interest of incarcerated/detained persons’ physical health and the health of the general public. However, visitation is important to maintain mental health.
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If visitation is suspended, facilities should explore alternative ways for incarcerated/detained persons to communicate with their families, friends, and other visitors in a way that is not ﬁnancially burdensome for them. See above suggestions for promoting non-contact visits.
√ Restrict non-essential vendors, volunteers, and tours from entering the facility.
Management
If there has been a suspected COVID-19 case inside the facility (among incarcerated/detained persons, staﬀ, or visitors who have recently been inside), begin implementing Management strategies while test results are pending. Essential Management strategies include placing cases and individuals with symptoms under medical isolation, quarantining their close contacts, and facilitating necessary medical care, while observing relevant infection control and environmental disinfection protocols and wearing recommended PPE.
Operations
√ Implement alternate work arrangements deemed feasible in the Operational Preparedness section.
√ Suspend all transfers of incarcerated/detained persons to and from other jurisdictions and facilities (including work release where relevant), unless necessary for medical evaluation, medical isolation/quarantine, care, extenuating security concerns, or to prevent overcrowding.
If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case— including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to appropriately isolate the individual upon arrival. Ensure that staﬀ transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
√ If possible, consider quarantining all new intakes for 14 days before they enter the facility’s general population (SEPARATELY from other individuals who are quarantined due to contact with a COVID-19 case). Subsequently in this document, this practice is referred to as routine intake quarantine.
√ When possible, arrange lawful alternatives to in-person court appearances.
√ Incorporate screening for COVID-19 symptoms and a temperature check into release planning.
Screen all releasing individuals for COVID-19 symptoms and perform a temperature check. (See Screening section below.)
 If an individual does not clear the screening process, follow the protocol for a suspected COVID-19 case—including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing.
 If the individual is released before the recommended medical isolation period is complete, discuss release of the individual with state, local, tribal, and/or territorial health departments to ensure safe medical transport and continued shelter and medical care, as part of release planning. Make direct linkages to community resources to ensure proper medical isolation and access to medical care.
 Before releasing an incarcerated/detained individual with COVID-19 symptoms to a communitybased facility, such as a homeless shelter, contact the facility’s staﬀ to ensure adequate time for them to prepare to continue medical isolation, or contact local public health to explore alternate housing options.
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√ Coordinate with state, local, tribal, and/or territorial health departments. When a COVID-19 case is suspected, work with public health to determine action. See Medical Isolation section below. When a COVID-19 case is suspected or conﬁrmed, work with public health to identify close contacts who should be placed under quarantine. See Quarantine section below. Facilities with limited onsite medical isolation, quarantine, and/or healthcare services should coordinate closely with state, local, tribal, and/or territorial health departments when they encounter a conﬁrmed or suspected case, in order to ensure eﬀective medical isolation or quarantine, necessary medical evaluation and care, and medical transfer if needed. See Facilities with Limited Onsite Healthcare Services section.
Hygiene
√ Continue to ensure that hand hygiene supplies are well-stocked in all areas of the facility. (See above.)
√ Continue to emphasize practicing good hand hygiene and cough etiquette. (See above.)
Cleaning and Disinfecting Practices
√ Continue adhering to recommended cleaning and disinfection procedures for the facility at large. (See above.)
√ Reference specific cleaning and disinfection procedures for areas where a COVID-19 case has spent time (below).
Medical Isolation of Conﬁrmed or Suspected COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities with Limited Onsite Healthcare Services, or without suﬃcient space to implement eﬀective medical isolation, should coordinate with local public health oﬃcials to ensure that COVID-19 cases will be appropriately isolated, evaluated, tested (if indicated), and given care.
√ As soon as an individual develops symptoms of COVID-19, they should wear a face mask (if it does not restrict breathing) and should be immediately placed under medical isolation in a separate environment from other individuals.
√ Keep the individual’s movement outside the medical isolation space to an absolute minimum. Provide medical care to cases inside the medical isolation space. See Infection Control and Clinical Care sections for additional details. Serve meals to cases inside the medical isolation space. Exclude the individual from all group activities. Assign the isolated individual a dedicated bathroom when possible.
√ Ensure that the individual is wearing a face mask at all times when outside of the medical isolation space, and whenever another individual enters. Provide clean masks as needed. Masks should be changed at least daily, and when visibly soiled or wet.
√ Facilities should make every possible effort to place suspected and confirmed COVID-19 cases under medical isolation individually. Each isolated individual should be assigned their own housing space and bathroom where possible. Cohorting should only be practiced if there are no other available options.
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If cohorting is necessary:  Only individuals who are laboratory conﬁrmed COVID-19 cases should be placed under medical isolation as a cohort. Do not cohort conﬁrmed cases with suspected cases or case contacts.  Unless no other options exist, do not house COVID-19 cases with individuals who have an undiagnosed respiratory infection.  Ensure that cohorted cases wear face masks at all times.
√ In order of preference, individuals under medical isolation should be housed: Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully
Separately, in single cells with solid walls but without solid doors
As a cohort, in a large, well-ventilated cell with solid walls and a solid door that closes fully. Employ social distancing strategies related to housing in the Prevention section above.
As a cohort, in a large, well-ventilated cell with solid walls but without a solid door. Employ social distancing strategies related to housing in the Prevention section above.
As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. (Although individuals are in single cells in this scenario, the airﬂow between cells essentially makes it a cohort arrangement in the context of COVID-19.)
As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section above.
Safely transfer individual(s) to another facility with available medical isolation capacity in one of the above arrangements (NOTE—Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
If the ideal choice does not exist in a facility, use the next best alternative.
√ If the number of confirmed cases exceeds the number of individual medical isolation spaces available in the facility, be especially mindful of cases who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other infected individuals. If cohorting is unavoidable, make all possible accommodations to prevent transmission of other infectious diseases to the higher-risk individual. (For example, allocate more space for a higher-risk individual within a shared medical isolation space.)
Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC’s website for a complete list, and check regularly for updates as more data become available to inform this issue.
Note that incarcerated/detained populations have higher prevalence of infectious and chronic diseases and are in poorer health than the general population, even at younger ages.
√ Custody staff should be designated to monitor these individuals exclusively where possible. These staff should wear recommended PPE as appropriate for their level of contact with the individual under medical isolation (see PPE section below) and should limit their own movement between different parts of the facility to the extent possible.
√ Minimize transfer of COVID-19 cases between spaces within the healthcare unit.
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√ Provide individuals under medical isolation with tissues and, if permissible, a lined no-touch trash receptacle. Instruct them to: Cover their mouth and nose with a tissue when they cough or sneeze Dispose of used tissues immediately in the lined trash receptacle Wash hands immediately with soap and water for at least 20 seconds. If soap and water are not available, clean hands with an alcohol-based hand sanitizer that contains at least 60% alcohol (where security concerns permit). Ensure that hand washing supplies are continually restocked.
√ Maintain medical isolation until all the following criteria have been met. Monitor the CDC website for updates to these criteria.
For individuals who will be tested to determine if they are still contagious:  The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND  The individual’s other symptoms have improved (e.g., cough, shortness of breath) AND  The individual has tested negative in at least two consecutive respiratory specimens collected at least 24 hours apart
For individuals who will NOT be tested to determine if they are still contagious:  The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND  The individual’s other symptoms have improved (e.g., cough, shortness of breath) AND  At least 7 days have passed since the ﬁrst symptoms appeared
For individuals who had a confirmed positive COVID-19 test but never showed symptoms: At least 7 days have passed since the date of the individual’s ﬁrst positive COVID-19 test AND The individual has had no subsequent illness
√ Restrict cases from leaving the facility while under medical isolation precautions, unless released from custody or if a transfer is necessary for medical care, infection control, lack of medical isolation space, or extenuating security concerns. If an incarcerated/detained individual who is a COVID-19 case is released from custody during their medical isolation period, contact public health to arrange for safe transport and continuation of necessary medical care and medical isolation as part of release planning.
Cleaning Spaces where COVID-19 Cases Spent Time
Thoroughly clean and disinfect all areas where the conﬁrmed or suspected COVID-19 case spent time. Note—these protocols apply to suspected cases as well as conﬁrmed cases, to ensure adequate disinfection in the event that the suspected case does, in fact, have COVID-19. Refer to the Deﬁnitions section for the distinction between conﬁrmed and suspected cases.
Close oﬀ areas used by the infected individual. If possible, open outside doors and windows to increase air circulation in the area. Wait as long as practical, up to 24 hours under the poorest air exchange conditions (consult CDC Guidelines for Environmental Infection Control in Health-Care Facilities for wait time based on diﬀerent ventilation conditions), before beginning to clean and disinfect, to minimize potential for exposure to respiratory droplets. Clean and disinfect all areas (e.g., cells, bathrooms, and common areas) used by the infected individual, focusing especially on frequently touched surfaces (see list above in Prevention section).
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√ Hard (non-porous) surface cleaning and disinfection
If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection.
For disinfection, most common EPA-registered household disinfectants should be eﬀective. Choose cleaning products based on security requirements within the facility.
 Consult a list of products that are EPA-approved for use against the virus that causes COVID-19. Follow the manufacturer’s instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.).
 Diluted household bleach solutions can be used if appropriate for the surface. Follow the manufacturer’s instructions for application and proper ventilation, and check to ensure the product is not past its expiration date. Never mix household bleach with ammonia or any other cleanser. Unexpired household bleach will be eﬀective against coronaviruses when properly diluted. Prepare a bleach solution by mixing:
- 5 tablespoons (1/3rd cup) bleach per gallon of water or
- 4 teaspoons bleach per quart of water
√ Soft (porous) surface cleaning and disinfection
For soft (porous) surfaces such as carpeted ﬂoors and rugs, remove visible contamination if present and clean with appropriate cleaners indicated for use on these surfaces. After cleaning:
 If the items can be laundered, launder items in accordance with the manufacturer’s instructions using the warmest appropriate water setting for the items and then dry items completely.
 Otherwise, use products that are EPA-approved for use against the virus that causes COVID-19 and are suitable for porous surfaces.
√ Electronics cleaning and disinfection
For electronics such as tablets, touch screens, keyboards, and remote controls, remove visible contamination if present.
 Follow the manufacturer’s instructions for all cleaning and disinfection products.
 Consider use of wipeable covers for electronics.
 If no manufacturer guidance is available, consider the use of alcohol-based wipes or spray containing at least 70% alcohol to disinfect touch screens. Dry surfaces thoroughly to avoid pooling of liquids.
Additional information on cleaning and disinfection of communal facilities such can be found on CDC’s website.
√ Ensure that staff and incarcerated/detained persons performing cleaning wear recommended PPE. (See PPE section below.)
√ Food service items. Cases under medical isolation should throw disposable food service items in the trash in their medical isolation room. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
√ Laundry from a COVID-19 cases can be washed with other individuals’ laundry.
Individuals handling laundry from COVID-19 cases should wear disposable gloves, discard after each use, and clean their hands after.
Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air.
Launder items as appropriate in accordance with the manufacturer’s instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely.
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Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
√ Consult cleaning recommendations above to ensure that transport vehicles are thoroughly cleaned after carrying a confirmed or suspected COVID-19 case.
Quarantining Close Contacts of COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without suﬃcient space to implement eﬀective quarantine, should coordinate with local public health oﬃcials to ensure that close contacts of COVID-19 cases will be eﬀectively quarantined and medically monitored.
√ Incarcerated/detained persons who are close contacts of a confirmed or suspected COVID-19 case (whether the case is another incarcerated/detained person, staff member, or visitor) should be placed under quarantine for 14 days (see CDC guidelines).
If an individual is quarantined due to contact with a suspected case who is subsequently tested for COVID-19 and receives a negative result, the quarantined individual should be released from quarantine restrictions.
√ In the context of COVID-19, an individual (incarcerated/detained person or staff) is considered a close contact if they:
Have been within approximately 6 feet of a COVID-19 case for a prolonged period of time OR
Have had direct contact with infectious secretions of a COVID-19 case (e.g., have been coughed on)
Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID-19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
√ Keep a quarantined individual’s movement outside the quarantine space to an absolute minimum.
Provide medical evaluation and care inside or near the quarantine space when possible.
Serve meals inside the quarantine space.
Exclude the quarantined individual from all group activities.
Assign the quarantined individual a dedicated bathroom when possible.
√ Facilities should make every possible effort to quarantine close contacts of COVID-19 cases individually. Cohorting multiple quarantined close contacts of a COVID-19 case could transmit COVID-19 from those who are infected to those who are uninfected. Cohorting should only be practiced if there are no other available options.
If cohorting of close contacts under quarantine is absolutely necessary, symptoms of all individuals should be monitored closely, and individuals with symptoms of COVID-19 should be placed under medical isolation immediately.
If an entire housing unit is under quarantine due to contact with a case from the same housing unit, the entire housing unit may need to be treated as a cohort and quarantine in place.
Some facilities may choose to quarantine all new intakes for 14 days before moving them to the facility’s general population as a general rule (not because they were exposed to a COVID-19 case). Under this scenario, avoid mixing individuals quarantined due to exposure to a COVID-19 case with individuals undergoing routine intake quarantine.
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If at all possible, do not add more individuals to an existing quarantine cohort after the 14-day quarantine clock has started.
√ If the number of quarantined individuals exceeds the number of individual quarantine spaces available in the facility, be especially mindful of those who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other quarantined individuals. If cohorting is unavoidable, make all possible accommodations to reduce exposure risk for the higher-risk individuals. (For example, intensify social distancing strategies for higher-risk individuals.)
√ In order of preference, multiple quarantined individuals should be housed:
Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully
Separately, in single cells with solid walls but without solid doors
As a cohort, in a large, well-ventilated cell with solid walls, a solid door that closes fully, and at least 6 feet of personal space assigned to each individual in all directions
As a cohort, in a large, well-ventilated cell with solid walls and at least 6 feet of personal space assigned to each individual in all directions, but without a solid door
As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells creating at least 6 feet of space between individuals. (Although individuals are in single cells in this scenario, the airﬂow between cells essentially makes it a cohort arrangement in the context of COVID-19.)
As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section to maintain at least 6 feet of space between individuals housed in the same cell.
As a cohort, in individuals’ regularly assigned housing unit but with no movement outside the unit (if an entire housing unit has been exposed). Employ social distancing strategies related to housing in the Prevention section above to maintain at least 6 feet of space between individuals.
Safely transfer to another facility with capacity to quarantine in one of the above arrangements
(NOTE—Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
√ Quarantined individuals should wear face masks if feasible based on local supply, as source control, under the following circumstances (see PPE section and Table 1):
If cohorted, quarantined individuals should wear face masks at all times (to prevent transmission from infected to uninfected individuals).
If quarantined separately, individuals should wear face masks whenever a non-quarantined individual enters the quarantine space.
All quarantined individuals should wear a face mask if they must leave the quarantine space for any reason.
Asymptomatic individuals under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear face masks.
√ Staff who have close contact with quarantined individuals should wear recommended PPE if feasible based on local supply, feasibility, and safety within the scope of their duties (see PPE section and Table 1).
Staﬀ supervising asymptomatic incarcerated/detained persons under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear PPE.
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√ Quarantined individuals should be monitored for COVID-19 symptoms twice per day, including temperature checks.
If an individual develops symptoms, they should be moved to medical isolation immediately and further evaluated. (See Medical Isolation section above.)
See Screening section for a procedure to perform temperature checks safely on asymptomatic close contacts of COVID-19 cases.
√ If an individual who is part of a quarantined cohort becomes symptomatic:
If the individual is tested for COVID-19 and tests positive: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
If the individual is tested for COVID-19 and tests negative: the 14-day quarantine clock for this individual and the remainder of the cohort does not need to be reset. This individual can return from medical isolation to the quarantined cohort for the remainder of the quarantine period.
If the individual is not tested for COVID-19: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
√ Restrict quarantined individuals from leaving the facility (including transfers to other facilities) during the 14-day quarantine period, unless released from custody or a transfer is necessary for medical care, infection control, lack of quarantine space, or extenuating security concerns.
√ Quarantined individuals can be released from quarantine restrictions if they have not developed symptoms during the 14-day quarantine period.
√ Meals should be provided to quarantined individuals in their quarantine spaces. Individuals under quarantine should throw disposable food service items in the trash. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
√ Laundry from quarantined individuals can be washed with other individuals’ laundry.
Individuals handling laundry from quarantined persons should wear disposable gloves, discard after each use, and clean their hands after.
Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air.
Launder items as appropriate in accordance with the manufacturer’s instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely.
Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
Management of Incarcerated/Detained Persons with COVID-19 Symptoms
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity or without suﬃcient space for medical isolation should coordinate with local public health oﬃcials to ensure that suspected COVID-19 cases will be eﬀectively isolated, evaluated, tested (if indicated), and given care.
√ If possible, designate a room near each housing unit for healthcare staff to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
√ Incarcerated/detained individuals with COVID-19 symptoms should wear a face mask and should be placed under medical isolation immediately. Discontinue the use of a face mask if it inhibits breathing. See Medical Isolation section above.
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√ Medical staff should evaluate symptomatic individuals to determine whether COVID-19 testing is indicated. Refer to CDC guidelines for information on evaluation and testing. See Infection Control and Clinical Care sections below as well.
√ If testing is indicated (or if medical staff need clarification on when testing is indicated), contact the state, local, tribal, and/or territorial health department. Work with public health or private labs as available to access testing supplies or services. If the COVID-19 test is positive, continue medical isolation. (See Medical Isolation section above.)
If the COVID-19 test is negative, return the individual to their prior housing assignment unless they require further medical assessment or care.
Management Strategies for Incarcerated/Detained Persons without COVID-19 Symptoms
√ Provide clear information to incarcerated/detained persons about the presence of COVID-19 cases within the facility, and the need to increase social distancing and maintain hygiene precautions. Consider having healthcare staﬀ perform regular rounds to answer questions about COVID-19.
Ensure that information is provided in a manner that can be understood by non-English speaking individuals and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision.
√ 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. See Screening section for a procedure to safely perform a temperature check.
√ Consider additional options to intensify social distancing within the facility.
Management Strategies for Staﬀ
√ Provide clear information to staff about the presence of COVID-19 cases within the facility, and the need to enforce social distancing and encourage hygiene precautions. Consider having healthcare staﬀ perform regular rounds to answer questions about COVID-19 from staﬀ.
√ Staff identified as close contacts of a COVID-19 case should self-quarantine at home for 14 days and may return to work if symptoms do not develop. See above for deﬁnition of a close contact.
Refer to CDC guidelines for further recommendations regarding home quarantine for staﬀ.
Infection Control
Infection control guidance below is applicable to all types of correctional facilities. Individual facilities should assess their unique needs based on the types of exposure staﬀ and incarcerated/ detained persons may have with conﬁrmed or suspected COVID-19 cases.
√ All individuals who have the potential for direct or indirect exposure to COVID-19 cases or infectious materials (including body substances; contaminated medical supplies, devices, and equipment; contaminated environmental surfaces; or contaminated air) should follow infection control practices outlined in the CDC Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings. Monitor these guidelines regularly for updates.
22

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Implement the above guidance as fully as possible within the correctional/detention context. Some of the speciﬁc language may not apply directly to healthcare settings within correctional facilities and detention centers, or to facilities without onsite healthcare capacity, and may need to be adapted to reﬂect facility operations and custody needs.
Note that these recommendations apply to staﬀ as well as to incarcerated/detained individuals who may come in contact with contaminated materials during the course of their work placement in the facility (e.g., cleaning).
√ Staff should exercise caution when in contact with individuals showing symptoms of a respiratory infection. Contact should be minimized to the extent possible until the infected individual is wearing a face mask. If COVID-19 is suspected, staff should wear recommended PPE (see PPE section).
√ Refer to PPE section to determine recommended PPE for individuals persons in contact with confirmed COVID-19 cases, contacts, and potentially contaminated items.
Clinical Care of COVID-19 Cases
√ Facilities should ensure that incarcerated/detained individuals receive medical evaluation and treatment at the first signs of COVID-19 symptoms.
If a facility is not able to provide such evaluation and treatment, a plan should be in place to safely transfer the individual to another facility or local hospital.
The initial medical evaluation should determine whether a symptomatic individual is at higher risk for severe illness from COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC’s website for a complete list, and check regularly for updates as more data become available to inform this issue.
√ Staff evaluating and providing care for confirmed or suspected COVID-19 cases should follow the CDC Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) and monitor the guidance website regularly for updates to these recommendations.
√ Healthcare staff should evaluate persons with respiratory symptoms or contact with a COVID-19 case in a separate room, with the door closed if possible, while wearing recommended PPE and ensuring that the suspected case is wearing a face mask.
If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
√ Clinicians are strongly encouraged to test for other causes of respiratory illness (e.g., influenza).
√ The facility should have a plan in place to safely transfer persons with severe illness from COVID-19 to a local hospital if they require care beyond what the facility is able to provide.
√ When evaluating and treating persons with symptoms of COVID-19 who do not speak English, using a language line or provide a trained interpreter when possible.
Recommended PPE and PPE Training for Staff and Incarcerated/Detained Persons
√ Ensure that all staff (healthcare and non-healthcare) and incarcerated/detained persons who will have contact with infectious materials in their work placements have been trained to correctly don, doff, and dispose of PPE relevant to the level of contact they will have with confirmed and suspected COVID-19 cases.
23

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Ensure that staﬀ and incarcerated/detained persons who require respiratory protection (e.g., N95s) for their work responsibilities have been medically cleared, trained, and ﬁt-tested in the context of an employer’s respiratory protection program.
For PPE training materials and posters, please visit the CDC website on Protecting Healthcare Personnel.
√ Ensure that all staff are trained to perform hand hygiene after removing PPE.
√ If administrators anticipate that incarcerated/detained persons will request unnecessary PPE, consider providing training on the different types of PPE that are needed for differing degrees of contact with COVID-19 cases and contacts, and the reasons for those differences (see Table 1). Monitor linked CDC guidelines in Table 1 for updates to recommended PPE.
√ Keep recommended PPE near the spaces in the facility where it could be needed, to facilitate quick access in an emergency.
√ Recommended PPE for incarcerated/detained individuals and staff in a correctional facility will vary based on the type of contact they have with COVID-19 cases and their contacts (see Table 1). Each type of recommended PPE is defined below. As above, note that PPE shortages are anticipated in every category during the COVID-19 response. N95 respirator
See below for guidance on when face masks are acceptable alternatives for N95s. N95 respirators should be prioritized when staﬀ anticipate contact with infectious aerosols from a COVID-19 case.
Face mask Eye protection—goggles or disposable face shield that fully covers the front and sides of the face A single pair of disposable patient examination gloves
Gloves should be changed if they become torn or heavily contaminated.
Disposable medical isolation gown or single-use/disposable coveralls, when feasible  If custody staﬀ are unable to wear a disposable gown or coveralls because it limits access to their duty belt and gear, ensure that duty belt and gear are disinfected after close contact with the individual. Clean and disinfect duty belt and gear prior to reuse using a household cleaning spray or wipe, according to the product label.
 If there are shortages of gowns, they should be prioritized for aerosol-generating procedures, care activities where splashes and sprays are anticipated, and high-contact patient care activities that provide opportunities for transfer of pathogens to the hands and clothing of staﬀ.
√ Note that shortages of all PPE categories are anticipated during the COVID-19 response, particularly for non-healthcare workers. Guidance for optimizing the supply of each category can be found on CDC’s website: Guidance in the event of a shortage of N95 respirators  Based on local and regional situational analysis of PPE supplies, face masks are an acceptable alternative when the supply chain of respirators cannot meet the demand. During this time, available respirators should be prioritized for staﬀ engaging in activities that would expose them to respiratory aerosols, which pose the highest exposure risk.
Guidance in the event of a shortage of face masks Guidance in the event of a shortage of eye protection Guidance in the event of a shortage of gowns/coveralls
24

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Table 1. Recommended Personal Protective Equipment (PPE) for Incarcerated/Detained Persons and Staﬀ in a Correctional Facility during the COVID-19 Response

Classification of Individual Wearing PPE

N95 respirator

Face mask

Eye Protection

Gloves

Gown/ Coveralls

Incarcerated/Detained Persons

Asymptomatic incarcerated/detained persons (under Apply face masks for source control as feasible based on local supply,

quarantine as close contacts of a COVID-19 case*)

especially if housed as a cohort

Incarcerated/detained persons who are confirmed or

suspected COVID-19 cases, or showing symptoms of

–

COVID-19

–

–

–

Incarcerated/detained persons in a work placement

handling laundry or used food service items from a

–

–

–

COVID-19 case or case contact

Incarcerated/detained persons in a work placement Additional PPE may be needed based on cleaning areas where a COVID-19 case has spent time the product label. See CDC guidelines for
more details.

Staﬀ

Staff having direct contact with asymptomatic incarcerated/detained persons under quarantine as close contacts of a COVID-19 case* (but not performing temperature checks or providing medical care)

–

Face mask, eye protection, and gloves as local supply and scope of duties allow.

–

Staff performing temperature checks on any group

of people (staff, visitors, or incarcerated/detained persons), or providing medical care to asymptomatic

–

quarantined persons

Staff having direct contact with (including transport)

or offering medical care to confirmed or suspected

**

COVID-19 cases (see CDC infection control guidelines)

Staff present during a procedure on a confirmed

or suspected COVID-19 case that may generate respiratory aerosols (see CDC infection control

–

guidelines)

Staff handling laundry or used food service items from a COVID-19 case or case contact

–

–

–

Staff cleaning an area where a COVID-19 case has spent time

Additional PPE may be needed based on the product label. See CDC guidelines for more details.

* If a facility chooses to routinely quarantine all new intakes (without symptoms or known exposure to a COVID-19 case) before integrating into the facility’s general population, face masks are not necessary.
** A NIOSH-approved N95 is preferred. However, based on local and regional situational analysis of PPE supplies, face masks are an acceptable alternative when the supply chain of respirators cannot meet the demand. During this time, available respirators should be prioritized for procedures that are likely to generate respiratory aerosols, which would pose the highest exposure risk to staff.

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Verbal Screening and Temperature Check Protocols for Incarcerated/Detained Persons, Staff, and Visitors
The guidance above recommends verbal screening and temperature checks for incarcerated/detained persons, staﬀ, volunteers, and visitors who enter correctional and detention facilities, as well as incarcerated/detained persons who are transferred to another facility or released from custody. Below, verbal screening questions for COVID-19 symptoms and contact with known cases, and a safe temperature check procedure are detailed. √ Verbal screening for symptoms of COVID-19 and contact with COVID-19 cases should include
the following questions: Today or in the past 24 hours, have you had any of the following symptoms?  Fever, felt feverish, or had chills?  Cough?  Diﬃculty breathing? In the past 14 days, have you had contact with a person known to be infected with the novel coronavirus (COVID-19)?
√ The following is a protocol to safely check an individual’s temperature: Perform hand hygiene Put on a face mask, eye protection (goggles or disposable face shield that fully covers the front and sides of the face), gown/coveralls, and a single pair of disposable gloves Check individual’s temperature If performing a temperature check on multiple individuals, ensure that a clean pair of gloves is used for each individual and that the thermometer has been thoroughly cleaned in between each check. If disposable or non-contact thermometers are used and the screener did not have physical contact with an individual, gloves do not need to be changed before the next check. If non-contact thermometers are used, they should be cleaned routinely as recommended by CDC for infection control. Remove and discard PPE Perform hand hygiene
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From: Denise Dandridge (OYD) Sent: Thursday, May 7, 2020 5:46 PM To: Shawn Herbert (OJJ) <Shawn.Herbert@LA.GOV>; Cassandra Washington (OYD) <CASSANDRA.WASHINGTON@LA.GOV>; James Woods <JAMES.WOODS@LA.GOV> Cc: Orlando Davis <Orlando.Davis@LA.GOV>; Beth Broussard <Beth.Broussard@LA.GOV>; Kristi Nelson <Kristi.Nelson@la.gov>; Courtney Holderman <Courtney.Holderman@LA.GOV>; Dusty Bickham (OJJ) <Dusty.Bickham@la.gov> Subject: Return to Work Testing Strategy
Good evening Directors, Per our conversation, I am providing you the information discussed in writing below.
For employees who desire to return to work after being diagnosed with COVID-19, please make sure the following criteria has been met per CDC guidance:
x Resolution of fever, without use of fever-reducing medication (e.g. Tylenol®, ibuprofen); and
x Improvement in respiratory symptoms (e.g., cough, shortness of breath); and x Negative results from at least two consecutive nasopharyngeal swab
specimens collected at least 24 hours apart (total of two negative specimens); and x Written clearance from their physician or provider indicating the above.
Thank you,
Denise Dandridge, MN, MA, RN Director of Health Services La. Office of Juvenile Justice

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Covid-19 Custody Depopulation Plan (Proposed, Pending Approval) April 2, 2020
Secure Care Custody
Census 4/02/2020 - 213 males in 4 secure care facilities
Phase 1. Identify youth with medical issues that require chronic care for extended furlough or early release
• At this time, 9 youth have been identified as potential candidates • Furloughs and early releases must have court approval
Phase 2. Identify youth with non-violent, non-sex offenses that meet eligibility for extended furlough or early release
• At this time, 11 youth have been identified as eligible candidates due to behavior and/or full term in the next 90 days
• Furloughs and early releases must have court approval
Phase 3. Identify youth with violent, non-sex offenses that meet eligibility for furlough or early release
• At this time, approximately 30 youth have been identified as eligible candidates due to behavior and/or full term in the next 90 days
• Furloughs and early releases must have court approval
Non Secure Custody (Group Homes)
Census 4/02/2020 - 298 males and females in 16 contracted facilities
Phase 1. As positives are reported, evaluate the youth in that facility for extended home pass or early release based on eligibility and pending court approval
EXHIBIT
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Confidential Working Document – Not for Release

Case 3:20-cv-00293-JWD-EWD Document 34-2 05/27/20 Page 9 of 11

From: Denise Dandridge (OYD) Sent: Thursday, May 7, 2020 5:46 PM To: Shawn Herbert (OJJ) <Shawn.Herbert@LA.GOV>; Cassandra Washington (OYD) <CASSANDRA.WASHINGTON@LA.GOV>; James Woods <JAMES.WOODS@LA.GOV> Cc: Orlando Davis <Orlando.Davis@LA.GOV>; Beth Broussard <Beth.Broussard@LA.GOV>; Kristi Nelson <Kristi.Nelson@la.gov>; Courtney Holderman <Courtney.Holderman@LA.GOV>; Dusty Bickham (OJJ) <Dusty.Bickham@la.gov> Subject: Return to Work Testing Strategy
Good evening Directors, Per our conversation, I am providing you the information discussed in writing below.
For employees who desire to return to work after being diagnosed with COVID-19, please make sure the following criteria has been met per CDC guidance:
x Resolution of fever, without use of fever-reducing medication (e.g. Tylenol®, ibuprofen); and
x Improvement in respiratory symptoms (e.g., cough, shortness of breath); and x Negative results from at least two consecutive nasopharyngeal swab
specimens collected at least 24 hours apart (total of two negative specimens); and x Written clearance from their physician or provider indicating the above.
Thank you,
Denise Dandridge, MN, MA, RN Director of Health Services La. Office of Juvenile Justice

EXHIBIT
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From: Shawn Herbert (OJJ) Sent: Friday, March 13, 2020 8:42 AM To: Chanda Wilson <Chanda.Wilson@LA.GOV>; Billye Miller <Billye.Miller@LA.GOV>; Edward Boyd <Edward.Boyd@LA.GOV>; Marsha Fountain <MARSHA.FOUNTAIN@LA.GOV> Subject: Covid‐19 Importance: High
Good morning. Before leaving for the day, please meet with your staff to inform them of the procedures outlined below and let them know why these steps are necessary. Please also ensure
Ms. Wilson, please also have social services start calling parents and be prepared to let parents know this weekend about visitation moving forward. Please have group leaders and social services work together to talk to the youth about the visitation and have extra phone calls set up to take the place of visitation. Mr. Miller, please forward the incentive calendar out to everyone today. Monday, I would like us to discuss planning an event for the kids over the weekend since we will not be having visitation.
Thank you,

From: James Bueche Sent: Thursday, March 12, 2020 1:25 PM To: Beth Broussard <Beth.Broussard@LA.GOV>; Stefanie Krygowski <stefanie.krygowski@LA.GOV>; Orlando Davis <Orlando.Davis@LA.GOV>; Denise Dandridge (OYD) <Denise.L.Dandridge@la.gov>; Angelic Keller <Angelic.Keller@LA.GOV>; Ellyn Toney <Ellyn.Toney@LA.GOV>; Angela Arabie <Angela.Arabie@LA.GOV>; Gearry Williams (OYD) <Gearry.Williams@LA.GOV>; Elizabeth Touchet‐Morgan <Elizabeth.Touchet‐Morgan@LA.GOV> Cc: Courtney Holderman <Courtney.Holderman@LA.GOV>; Karli Pullard <karli.pullard@LA.GOV> Subject: Covid‐19

OJJ Administrative Staff,

EXHIBIT
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Due to the current issues with the COVID‐19 virus it is imperative that we take steps necessary to ensure the safety and wellbeing of the staff and youth we serve. Please be advised that we will be working toward implementation of the below requirements with an effective implementation date of March 16, 2020, until further notice.
Secure Facilities
x Everyone (no exceptions) will be screened prior to coming into the facility. If a person has fever, they will be immediately referred to the medical staff for further screening. Staff with a fever will only be allowed to enter the facility when cleared by medical.
x Anyone refusing to have their temperature accessed will not be allowed to enter the facility. x Youth visitation will not be held. x All furloughs will be postponed. Staff will be encouraged to allow youth to use the telephones more frequently
to contact family. x All off campus group activities will also be postponed. x Only OJJ staff and emergency visitors will be allowed on campus. Attorney visits will be held by phone call. x Contractors working on repairs that are vital to the safety of the facility will be allowed on campus after
screening. These will be determined on a case by case basis. Undersecretary Williams must be notified of any contractor denied access to the facility so that the Office of State Procurement can be notified. x Immediate notification to the Assistant Secretary and Deputy Secretary if any staff or youth test positive for the virus. x We will try to facilitate deliveries at the front gate to eliminate the need for individuals to come onto campus. x Staff will continue to educate youth on proper techniques to prevent the spread of the virus and also why OJJ are taking these measures to keep them safe.
Probation and Parole
x Face to Face contacts can now be made by phone or in the office if possible. x Contact with collateral sources can also be made by phone. (schools, providers, etc…) x Staff will attend Court only when necessary. x Face to Face contacts will still be made with youth in residential facilities.
Residential Facilities
x Screening of staff and visitors needs to occur for every person coming onto the campus. x Only essential staff/visitors will be allowed on campus x Home passes will be postponed. Staff should allow the youth to use phones to keep in touch with family
members. x Visitation will not be held. x Group outings will be canceled unless youth are required to attend community schools. x Immediate notification to the Assistant Secretary and Deputy Secretary if any staff or youth test positive for the
virus. x Staff will continue to educate youth on proper techniques to prevent the spread of the virus. x Immediate notification to Assistant Secretary and Deputy Secretary should a staff person or youth test positive
for the virus.
In home Contract Programs
x Program specialists will reach out to each program to request a copy of their contingency plan to provide services in a safe and effective manner.
x The plans will be approved on a case by case basis and shared with regional staff.
2 REDACTED DOCUMENT

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I am asking that you share this information with all OJJ staff so expectations related to agency operations are clear. Also, these two websites provide excellent information related to COVID‐19. Http://www.ldh.la.gov/coronavirus and www.cdc.gov/covid19 Thanks. James Bueche, PhD, LCSW Deputy Secretary Office of Juvenile Justice 7919 Independence Blvd. Baton Rouge, La. 70806 225‐287‐7944
3 REDACTED DOCUMENT

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From: Shawn Herbert (OJJ) Sent: Friday, March 13, 2020 8:45 AM To: Chanda Wilson <Chanda.Wilson@LA.GOV>; Billye Miller <Billye.Miller@LA.GOV>; Edward Boyd <Edward.Boyd@LA.GOV>; Marsha Fountain <MARSHA.FOUNTAIN@LA.GOV> Subject: RE: Covid‐19 I apologize. I intended to include the attached memo. Please ensure all staff are provided with a copy of the attachment which has also been posted in the front lobby. Thank you, From: Shawn Herbert (OJJ) Sent: Friday, March 13, 2020 8:42 AM To: Chanda Wilson <Chanda.Wilson@LA.GOV>; Billye Miller <Billye.Miller@LA.GOV>; Edward Boyd <Edward.Boyd@LA.GOV>; Marsha Fountain <MARSHA.FOUNTAIN@LA.GOV> Subject: Covid‐19 Importance: High Good morning. Before leaving for the day, please meet with your staff to inform them of the procedures outlined below and let them know why these steps are necessary. Please also ensure Ms. Wilson, please also have social services start calling parents and be prepared to let parents know this weekend about visitation moving forward. Please have group leaders and social services work together to talk to the youth about the visitation and have extra phone calls set up to take the place of visitation. Mr. Miller, please forward the incentive calendar out to everyone today. Monday, I would like us to discuss planning an event for the kids over the weekend since we will not be having visitation. Thank you,
From: James Bueche Sent: Thursday, March 12, 2020 1:25 PM To: Beth Broussard <Beth.Broussard@LA.GOV>; Stefanie Krygowski <stefanie.krygowski@LA.GOV>; Orlando Davis <Orlando.Davis@LA.GOV>; Denise Dandridge (OYD) <Denise.L.Dandridge@la.gov>; Angelic Keller
1 REDACTED DOCUMENT

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 15 of 56
<Angelic.Keller@LA.GOV>; Ellyn Toney <Ellyn.Toney@LA.GOV>; Angela Arabie <Angela.Arabie@LA.GOV>; Gearry Williams (OYD) <Gearry.Williams@LA.GOV>; Elizabeth Touchet‐Morgan <Elizabeth.Touchet‐Morgan@LA.GOV> Cc: Courtney Holderman <Courtney.Holderman@LA.GOV>; Karli Pullard <karli.pullard@LA.GOV> Subject: Covid‐19
OJJ Administrative Staff,
Due to the current issues with the COVID‐19 virus it is imperative that we take steps necessary to ensure the safety and wellbeing of the staff and youth we serve. Please be advised that we will be working toward implementation of the below requirements with an effective implementation date of March 16, 2020, until further notice.
Secure Facilities
x Everyone (no exceptions) will be screened prior to coming into the facility. If a person has fever, they will be immediately referred to the medical staff for further screening. Staff with a fever will only be allowed to enter the facility when cleared by medical.
x Anyone refusing to have their temperature accessed will not be allowed to enter the facility. x Youth visitation will not be held. x All furloughs will be postponed. Staff will be encouraged to allow youth to use the telephones more frequently
to contact family. x All off campus group activities will also be postponed. x Only OJJ staff and emergency visitors will be allowed on campus. Attorney visits will be held by phone call. x Contractors working on repairs that are vital to the safety of the facility will be allowed on campus after
screening. These will be determined on a case by case basis. Undersecretary Williams must be notified of any contractor denied access to the facility so that the Office of State Procurement can be notified. x Immediate notification to the Assistant Secretary and Deputy Secretary if any staff or youth test positive for the virus. x We will try to facilitate deliveries at the front gate to eliminate the need for individuals to come onto campus. x Staff will continue to educate youth on proper techniques to prevent the spread of the virus and also why OJJ are taking these measures to keep them safe.
Probation and Parole
x Face to Face contacts can now be made by phone or in the office if possible. x Contact with collateral sources can also be made by phone. (schools, providers, etc…) x Staff will attend Court only when necessary. x Face to Face contacts will still be made with youth in residential facilities.
Residential Facilities
x Screening of staff and visitors needs to occur for every person coming onto the campus. x Only essential staff/visitors will be allowed on campus x Home passes will be postponed. Staff should allow the youth to use phones to keep in touch with family
members. x Visitation will not be held. x Group outings will be canceled unless youth are required to attend community schools. x Immediate notification to the Assistant Secretary and Deputy Secretary if any staff or youth test positive for the
virus. x Staff will continue to educate youth on proper techniques to prevent the spread of the virus. x Immediate notification to Assistant Secretary and Deputy Secretary should a staff person or youth test positive
for the virus.
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Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 16 of 56
In home Contract Programs x Program specialists will reach out to each program to request a copy of their contingency plan to provide services in a safe and effective manner. x The plans will be approved on a case by case basis and shared with regional staff.
I am asking that you share this information with all OJJ staff so expectations related to agency operations are clear. Also, these two websites provide excellent information related to COVID‐19. Http://www.ldh.la.gov/coronavirus and www.cdc.gov/covid19 Thanks. James Bueche, PhD, LCSW Deputy Secretary Office of Juvenile Justice 7919 Independence Blvd. Baton Rouge, La. 70806 225‐287‐7944
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To: All ACY Staff
From: Director Herbert
Date: March 13, 2020
Re: COVID-19 Precautions
Due to the current issues with the COVID-19 virus it is imperative that we take steps necessary to ensure the safety and wellbeing of the staff and youth we serve. Please be advised that we will be working toward implementation of the below requirements with an effective implementation date of March 16, 2020, until further notice.
x Everyone (no exceptions) will be screened prior to coming into the facility. If a person has fever, they will be immediately referred to the medical staff for further screening. Staff with a fever will only be allowed to enter the facility when cleared by medical.
x Anyone refusing to have their temperature accessed will not be allowed to enter the facility.
x Youth visitation will not be held. x All furloughs will be postponed. Staff will be encouraged to allow youth to use the
telephones more frequently to contact family. x All off campus group activities will also be postponed. x Only OJJ staff and emergency visitors will be allowed on campus. Attorney visits will be
held by phone call. x Contractors working on repairs that are vital to the safety of the facility will be allowed
on campus after screening. These will be determined on a case by case basis. Undersecretary Williams must be notified of any contractor denied access to the facility so that the Office of State Procurement can be notified. x Immediate notification to the Assistant Secretary and Deputy Secretary if any staff or youth test positive for the virus. x We will try to facilitate deliveries at the front gate to eliminate the need for individuals to come onto campus. x Staff will continue to educate youth on proper techniques to prevent the spread of the virus and also why OJJ are taking these measures to keep them safe.
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Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 18 of 56
YOUTH SERVICES POLICY

Title: Furlough Process

Type: C. Field Operations
Sub Type: 4. Juvenile Institutions Number: C.4.1

Page 1 of 20

References:

La. R.S. 15:901(D)(1) and 906; La. Children's Code Articles 116 (introductory

paragraph)(24.2), 787, 801, 897(B), 897.1, (901 (A - F), 901(E), and 910(C); and La. R.S.

15:906(B) and 908(A); ACA Standards 2-7116, 2-7117, 2-7119, 2-7120, 2-7172, 7-179, 2-

7193, 2-7194, 2-7195, 2-7196 and 2-7197 (Juvenile Probation and Aftercare Services); 4-

JCF-3A-26, 4-JCF-5I-01, 4-JCF-5I-03, 4-JCF-5I-04, 4-JCF-5I-05 (Performance-Based

Standards for Juvenile Correctional Facilities) YS Policy Nos. A.1.14 “Unusual Occurrence

Reports”, B.2.1 “Assignment, Reassignment, Release and Discharge of Youth”, B.2.2

“Youth Classification System and Treatment Procedures”, B.2.3 “Secure Care Intake”,

B.2.7 “LAMOD Program and Youth Stage Procedures”, B.2.14 “Secure Care SAVRY”,

B.2.17 “Sex Offender Notification and Registration Requirements”, B.2.18 “Reintegration

Process”, B.3.1 “Secure Care Youth Records; Composition and Maintenance”, B.5.1

“Youth Code of Conduct – Secure Care”, C.2.1 “Escapes, Runaways, Apprehensions, and

Reporting”, C.2.7 “Youth Drug/Alcohol Testing”, C.2.24 “Electronic Monitoring Program

(EMP)”

STATUS: Approved

Approved By: James Bueche, Ph.D., Deputy Secretary

Date of Approval: 07/11/2018

I. AUTHORITY:
Deputy Secretary of Youth Services (YS) as contained in La. R.S. 36:405. Deviation from this policy must be approved by the Deputy Secretary.
II. PURPOSE:
To establish the Deputy Secretary's policy regarding temporary release on furlough of adjudicated youth for the purpose of assisting youth in maintaining family and community relations.
III. APPLICABILITY:
Deputy Secretary, Assistant Secretary, Chief of Operations, Executive Management Advisor, General Counsel, Regional Directors, Facility Directors, Regional Managers, Contracted Health Care Provider (CHP) and Intensive Residential Contract Providers.
Facility Directors are responsible for compliance with the established guidelines outlined in this policy.
EXHIBIT
C-2

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IV. DEFINITIONS:
Community Based Services (CBS) - Formerly known as the Division of Youth Services, including the field offices located throughout the state.
Escape – When a youth departs from either the grounds of a secure facility, or from the custody and control of staff while off the grounds of the facility, or fails to return to the facility from a furlough.
Furlough - The authorized temporary release of a qualified youth from the grounds of a secure facility or community-based secure detention facility, without the supervision of facility staff, for the purposes of aiding in the youth's rehabilitation, maintaining and/or enhancing family and community relations, and preparing the youth to make a satisfactory transition into society after the youth’s release.
Types of Furloughs:
Standard Furlough - Applies to all youth except for those committed to YS under Ch. C. Article 897.1, based upon a violation of R.S. 14:30 first degree murder, R.S. 14:30.1 second degree murder, or youth eligible for a Family Emergency Furlough.
Ch. C. Article 897.1(A) Furlough - Applies only to youth committed to YS under La. Children Code Art. 897.1 based upon a violation of R.S. 14:30 first degree murder or R.S. 14:30.1 second degree murder.
Ch.C. Article 897.1(B-C) Furlough – Applies only to youth committed to YS based upon violations of R.S. 14:42 first degree rape, R.S. 14:44 aggravated kidnapping, or R.S. 14:64 armed robbery.
Family Emergency Furlough - The authorized temporary release of a qualified youth due to a crisis prompted by the death or life-threatening illness or injury of a family member or legal custodian, and such furlough is deemed beneficial for the youth in meeting the needs of youth/family.
Individualized Intervention Plan (IIP) – Initial and Formal – A statement of goals, objectives, and the methods used to obtain them that is created for each youth in secure care. The IIP is dynamic and is updated depending on the identified needs and specialized treatment required while in secure care. The IIP also identifies follow-up services needed by the youth on release and is coordinated with Community Based Services to provide the proper level of aftercare.
Juvenile Electronic Tracking System (JETS) - The centralized database used to track all youth in the custody of or under the supervision of YS and to record youth case record activity (refer to YS Policy No. B.3.1).

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Juvenile Justice Specialists (JJS) – Provide security of youth and assist in application of clinical treatment in accomplishing the overall goal of evaluation and/or treatment of individuals placed in a YS secure care facility.
LAMOD - The catalyst that drives the therapeutic process in Louisiana’s secure care facilities.
Multidisciplinary Team (MDT) - A team consisting of representatives from at least three disciplines, (e.g., treatment, custody, education, mental health or medical) responsible for developing comprehensive case plans for youth and determining furlough eligibility.
Reclassification Staffing - A multidisciplinary treatment team meeting which occurs on a quarterly basis (no later than the last day of the third month following the previous classification) between all staff working with or treating a youth for his/her specific needs. The multidisciplinary treatment team meeting shall be comprised of the youth’s case manager, a social services supervisor, the dorm group leader, a juvenile justice specialist that supervises the youth, the youth’s probation officer (or a representative), a representative from the school (special education teacher if youth is receiving SSD #1 services), the contracted mental health provider (if applicable), a member of the medical staff who is familiar with the youth if he/she is receiving on-going medical treatment, and the youth. The youth’s family shall be encouraged to attend as well. Reclassification addresses a youth’s IIP and helps monitor the youth’s progress, reveal any problem areas that need attention, discuss Code of Conduct violations during the quarter, and discuss interventions that can be utilized to change/alter the youth’s behavior; as well as eligibility for escorted absence, furlough or early release and step down to non-secure.
Structured Assessment of Violence Risk in Youth (SAVRY) – An assessment and summary risk rating for violence and delinquency completed by Community Based Services (CBS) upon a youth’s admission into secure care.
Unusual Occurrence Report (UOR) – A document that must be completed by staff to report incidents or observations of events that may have an impact on any aspect of the agency. UOR forms shall be made available to all employees, working all areas at all times. Employees must complete and submit a UOR prior to the end of their tour of duty on the day the incident was observed or comes to the employee’s attention in any way. If a UOR form is not available, the employee must use any paper available to report the pertinent information. UORs may also be submitted by email.

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V. POLICY:
It is the policy of the Deputy Secretary to use temporary furloughs within the state as a rehabilitative tool to assist youth assigned to a secure facility in maintaining family and community relations, and to aid in the reintegration process. Further, it is the policy of the Deputy Secretary that all furlough considerations for youth have consistency and fairness applied.
The regional office and secure care facility staff shall work together to effect the furlough program from recommendation through implementation. All furloughs, except Family Emergency Furloughs, must be approved by the Deputy Secretary/designee.
Electronic Monitoring shall be utilized to monitor youth who are on furlough.
VI. FURLOUGH ELIGIBILITY CRITERIA, EXCLUSION CRITERIA AND PROCEDURE:
A. Standard Furlough
1. Criteria for Eligibility
a. Youth with a SAVRY summary risk rating of “Low” or “Moderate”
b. Youth with a SAVRY summary risk rating of “high” may be considered for a furlough. Individual risk items on the SAVRY that are rated “high” shall be discussed and used to determine if a furlough is appropriate. (see the Guide attached to B.2.1)
c. Youth is making progress on identified treatment needs, including taking psychotropic medication and other medications specified by medical staff.
d. Youth's parent/custodian must have participated in a minimum of three (3) family reintegration sessions, which may be conducted via telephone (refer to YS Policy No. B.2.18). The third family reintegration session must have occurred within the last 30 calendar days from the time the “Furlough Referral and Application Form” [refer to Attachment C.4.1 (a)] is submitted.
e. The Case Manager shall review the youth’s record and contact the assigned Probation and Parole Officer/Juvenile (PPO/J) to ensure there are no outstanding detainers or pending charges This shall be documented in the IIP Summary of Staffing.

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The Multidisciplinary Team (MDT) shall make the final decision during the staffing to recommend a furlough.
2. Exclusions from Standard Furlough Eligibility
a. Youth is on suicide watch; b. Youth is under investigation for pending charges and/or has a
detainer or pending criminal charges; or c. There is documented evidence of previous unsuccessful
furlough(s) (refer to Section XI of this policy).
3. Screening and Referral for Standard Furlough
a. Youth who have a “Low” or “Moderate” SAVRY rating should be considered for a Standard Furlough beginning with the first quarter regional staffing.
b. Youth who have a “High” SAVRY rating may be considered. The individual risk items will need to be discussed in detail. For youth adjudicated for an 897.1 offense, the procedures in Section VI.B below shall be followed.
c. All decisions to recommend or not recommend a furlough must be indicated on the “IIP Summary of Staffing Form” in JETS.
4. Standard Furlough Staffing
a. The MDT must staff or review the furlough candidate’s application using all information appropriate, and at a minimum include:
1) Progress Reports; 2) “Furlough Referral and Application Form”; 3) IIP and IIP Summary of Staffing Form; and 4) Medical considerations.
b. The furlough recommendation is then made and page 4 of the “Furlough Referral and Application Form” is completed.
c. The case manager is to complete all paper work necessary for a furlough and have it submitted within 15 days of the furlough being recommended.

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5. Standard Furlough Duration
a. Standard furloughs may be granted in increments of time between eight (8) hours to 14 consecutive days.
b. A Standard Furlough may be granted for a cumulative period up to 30 calendar days in a calendar year, with no more than 14 consecutive days being granted/taken at any given time.
The Facility Director shall forward a request for additional furlough authority greater than 30 days in a calendar year, with justification for the need for additional furlough days, to the Regional Director for review. If the Regional Director approves, the request shall be forwarded to the Deputy Secretary/designee for final approval.
c. During the quarterly staffing a youth can be recommended for more than one (1) standard furlough at a time. Multiple requests can be made, with no more than three (3) requests at a time within a 90 day period. The specific dates and times must be indicated for each furlough at the time the “Furlough Referral and Application Form” is completed.
If family dynamics change between furloughs based on information acquired by the facility or regional probation staff, this information must be shared by both parties and an addendum to the home study must be completed and sent to the appropriate facility and Central Office Furlough Coordinator. The addendum shall recommend continuation of subsequent furloughs or to terminate them.
Once consecutive furloughs have been approved, the youth must maintain the same level of program participation and behavior. If a youth’s behavior deteriorates, the subsequent furloughs shall be suspended. The youth, appropriate Court, District Attorney and Regional Office shall be notified by the Facility Director as soon as the decision is made to suspend the furlough(s).
Initial furloughs shall not exceed 2 nights.

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6. Suspension of Approved Furlough
If family dynamics change between furloughs based on information acquired by the facility or regional probation staff, this information must be shared by both parties and an addendum to the home study must be completed and sent to the appropriate facility and Central Office Furlough Coordinator.
If there is a significant change in the youth’s behavior or the home becomes unsafe, an MDT staffing is to be held within 48 hours of the case manager becoming aware of the situation. Interventions to correct the youth’s issues are to be discussed during the staffing which should include the youth and parent. If those interventions fail an MDT staffing is reconvened to discuss if suspension may be warranted. The Furlough Change of Status Form (attachment C.4.1 (i)) is to be completed with supporting documentation. The Regional Director (DAS) of the region where the facility is located will determine if the suspension shall be approved and supporting documentation forwarded to Central Office for final suspension approval.
The Furlough Change of Status Form must be received by Central Office no later than 10 working days prior to the scheduled furlough.
The youth, appropriate Court, District Attorney and Regional Office shall be notified by the Facility Director as soon as the decision is made to suspend the furlough(s).
Initial furloughs shall not exceed 2 nights.
7. Exceptions for Standard Furlough
a. If there are youth who do not qualify under these requirements, but the MDT believes that a recommendation for a furlough is appropriate; a cover memorandum should be prepared and addressed to the Facility Director explaining the reasons. The memorandum should accompany the “Furlough Referral and Application Form”.
If the Facility Director approves, this should be indicated on the cover letter before forwarding to the Deputy Secretary/ designee, explaining the reasons for the exception request.
b. All exceptions must be approved by the Deputy Secretary/ designee.

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c. Youth who meet all the requirements for an early release, but the court denies the release from custody, may be granted an extended furlough.
1) The request will be in increments of up to 30 calendar days. The request can include up to 3 consecutive 30 day furloughs.
2) A cover memorandum should be prepared and addressed to the Facility Director explaining the reasons. The memorandum should accompany the “Furlough Referral and Application Form”.
If the Facility Director approves, this should be indicated on the cover letter before forwarding to the Deputy Secretary/ designee, explaining the reasons for the request.
B. CH.C. Article 897.1(A) and 897.1(B-C) Furloughs
1. Criteria for Eligibility
a. Youth has served a minimum of 60% of the commitment and has maintained a ”Low” or “Moderate SAVRY risk rating for six (6) months prior to furlough referral. [See attachment (a)]
b. Ch.C. Art. 897.1(B-C) youth committed to YS based upon violations of R.S. 14:42 first degree rape, R.S. 14:44 aggravated kidnapping, or R.S. 14:64 armed robbery. The youth must be within 12 months of consideration for modification of his/her disposition.
c. Youth is making progress on identified treatment needs, including taking all medications prescribed by the CHP; and
d. Youth's parent/custodian has participated in a minimum of three (3) family reintegration sessions, which may be conducted via telephone. The most recent session must have occurred within the last 30 days.
2. Exclusions from Ch. C. Art. 897.1(A) and 897.1(B-C) Furlough Eligibility
a. Youth has a “High” SAVRY summary risk rating; b. Youth is currently on suicide precautions; c. Youth is under investigation for and/or has a detainer or
pending criminal charges; or d. There is documented evidence of a previous unsuccessful
furlough (refer to Section XI).

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3. Screening and Referral for Ch. C. Art. 897.1(A) and 897.1(B-C) Furloughs
Youth must be screened at the quarterly staffing when the youth meets the criteria as outlined in this policy. A decision to recommend or not recommend a furlough must be indicated on the “IIP Summary of Staffing Form”.
4. Ch. C. Art. 897.1(A) and 897.1(B-C) Staffing
a. The MDT must staff the furlough candidate’s application using all appropriate information, and include at a minimum:
1) Progress Reports; 2) Furlough Application Form; 3) IIP and IIP Summary of Staffing; and 4) Medical needs.
b. The furlough recommendation is made on the “Furlough Referral and Application Form” [Attachment C.4.1 (a) pages 2 and 3].
c. Youth who have been adjudicated for a hands-on sex offense under Ch. C. Article 897.1, must have a “Safety Plan Contract” [see Attachment C.4.1 (h)] in place prior to a Furlough. The plan must be signed by the youth, parent(s)/guardian(s), and the PPO/J, and be included in the furlough packet submitted to the Central Office Furlough Coordinator. The “Safety Plan Contract” must be updated as needed or when changes in the youth’s status have the potential to negatively impact the public and/or the youth’s safety.
5. Ch. C. Art. 897.1(A) and 897.1(B-C) Furlough Duration/Conditions
a. Ch. C. Art. 897.1(A) and 897.1(B-C) furloughs may be granted in increments of time between eight (8) hours to 14 consecutive days. Initial furloughs may be from Friday – Sunday, which may exceed 48 hours in duration, with subsequent furloughs being granted for longer periods of time, unless the circumstances demand otherwise.
b. Ch. C. Art.897.1(A) and 897.1(B-C) furloughs may be granted for a cumulative period up to 30 days in a calendar year, with no more than 14 consecutive days being granted/taken at any given time.

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Additional furlough authority, greater than 30 days in a calendar year, must be approved by the Deputy Secretary/designee and must be submitted with justification for the need for additional furlough days.
c. During the quarterly staffing, Ch. C. Art. 897.1(A) and 897.1(B-C) youth can be recommended for more than one standard furlough at a time. Multiple requests can be made with no more than three (3) requests at a time within a 90 day period. The specific dates and times must be indicated for each furlough at the time the “Furlough Referral and Application Form” is completed.
If family dynamics change between furloughs based on information acquired by the facility or regional probation staff, this information must be shared by both parties and an addendum to the home study must be completed and faxed to the appropriate facility and Central Office Furlough Coordinator. The addendum shall recommend to continue with subsequent furloughs or to terminate them.
Once consecutive furloughs have been approved, the youth must maintain the same level of program participation and behavior. If a youth’s behavior deteriorates, the subsequent furloughs shall be suspended. The youth, appropriate Court, District Attorney and Regional Office shall be notified by the Facility Director as soon as the decision is made to suspend.
d. If a furlough is approved, the youth shall be required to wear an electronic monitoring device during the furlough and shall be monitored by the appropriate Regional Office. (Refer to YS Policy No. C.2.24)
6. Exceptions for Ch. C. Art. 897.1(A) and 897.1(B-C) Furloughs
a. If there are youth who do not qualify under these requirements, but the MDT believes that a recommendation for a furlough is appropriate; a cover memorandum should be prepared and addressed to the Facility Director explaining the reasons. The memorandum shall accompany the “Furlough
Referral and Application Form”. If the Facility Director approves, this shall be indicated on the cover memorandum before forwarding to the Deputy Secretary/designee.

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b. All exceptions must be approved by the Deputy Secretary/designee.
C. Family Emergency Furlough
1. Criteria for Eligibility - A Family Emergency Furlough may be granted under either of the following conditions:
a. Youth has confirmation/recommendation from the committing court; or
b. Youth's Case Manager recommends the Family Emergency Furlough on the basis of individual case data/information. The Family Emergency Furlough may be granted only after receiving approval from the Assistant Secretary. The approval by the Assistant Secretary may be granted verbally, with a follow-up email.
c. Family emergency furloughs for youth adjudicated for Ch. C. 897.1(A) and 897.1(B-C) offenses must be approved by the Deputy Secretary/designee.
d. Family emergency furloughs for youth adjudicated for Ch. C. 897.1(A) and 897.1(B-C) shall require monitoring by the appropriate Regional Office either face to face or by phone.
2. When a youth adjudicated delinquent for a sex offense which requires him to register is granted a family emergency furlough, the facility shall immediately notify the Central Office Furlough Coordinator. The Coordinator shall notify Legal Services of the planned Family Emergency Furlough in order for Legal staff to verify the youth’s requirement to register (refer to YS Policy No. B.2.17), and that a “Safety Plan Contract” has been completed.
If it is verified that the youth is required to register, the designated Legal Services staff shall enter the youth’s furlough information into the Offender Watch System as soon as the furlough information is provided and the need to register is confirmed.
3. Exclusions from consideration of Family Emergency Furlough:
a. Youth is on suicide watch;
b. Youth is under investigation for and/or has a detainer or pending legal charges;

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c. Youth is deemed to be at high risk for runaway or escape and/or engaging in additional criminal conduct; or
d. There is documented evidence of a previous unsuccessful furlough (refer to Section XI of this policy).
4. Referral for Family Emergency Furlough
a. A staffing shall be held which includes the participation of the youth's PPO/J, the Group Leader, the Case Manager, and the Facility Director/Deputy Director.
b. If the staffing results in a recommendation for the furlough, the Deputy Director or the facility Treatment Director shall transmit the request for approval to the Facility Director along with all documentation verifying the emergency.
c. If the Facility Director approves the furlough, the Facility Director shall also specify the period of time allowed for the furlough.
d. A written notice of furlough, which includes the reason for the furlough, shall be prepared, signed by the Facility Director and faxed to the committing Court, District Attorney, Deputy Secretary/designee and the PPO/J.
e. If no written confirmation is received after faxing the notice of furlough to the Court and District Attorney, the youth shall not be allowed to participate in the Family Emergency Furlough.
If there is no objection, the furlough may proceed.
f. If approved, a youth shall be required to wear an electronic monitoring device and shall be monitored by the appropriate Regional Office.
If the furlough is denied, an “escorted absence” supervised by facility staff may be granted for the youth, and should be documented as an “escorted absence” in JETS. (Refer to YS Policy No. C.4.7)

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g. Prior to a youth receiving a Family Emergency Furlough, the Facility Director shall approve the family member(s), guardian(s) or other custodian(s) of the youth who will be overseeing the activities of the youth, providing primary care, and assuming responsibility for the youth throughout the duration of the furlough period.
5. Duration of Family Emergency Furlough
A Family Emergency Furlough may not exceed three (3) calendar days.
VII. FURLOUGH REVIEW AND APPROVAL PROCESS:
A. Review
Youth assigned to a secure care facility will be reviewed to determine the appropriateness of furloughs. Consideration of the youth shall occur at a minimum during each quarterly staffing. It may also occur during the regional staffing or placement review process.
If a youth is determined to be appropriate for a furlough or for consecutive furloughs after screening, the MDT shall then consider and render its decision on the furlough(s). The team is required to consider multiple aspects of the youth's classification profile and treatment plan in determining furlough eligibility.
The MDT shall consist of the following:
1. Group Leader for the applying youth; 2. Mental Health Director/designee (if applicable); 3. PPO/J assigned to the applying youth or the immediate
supervisor (in person, via phone conference, or by the prior MDT interview conducted within the quarter); and 4. Youth’s assigned Case Manager or immediate supervisor.
In addition, the MDT may also consist of the following:
5. Deputy Director or a designee named by the Facility Director; 6. School Principal/designee; 7. If the furlough(s) are to occur in a region other than where the
youth was adjudicated, a PPO/Supervisor from the region where the furlough(s) are to take place shall participate; 8. Mentor; and

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9. A Juvenile Justice Specialist (JJS) from the youth’s housing unit; Team members may differ as appropriate to the youth's assignments. If the school representative, mentor or a JJS staff member does not attend, they may provide written documentation.
B. Referrals
Referrals for review of appropriateness of furlough(s) may be made by those participating in the staffing, a PPO/J, the juvenile court or other interested person. Exclusion criteria must be considered prior to making the decision. Page 1 of the “Furlough Referral and Application Form” shall be utilized to transmit information on youth being referred.
C. Furlough Review Process
1. The furlough review process during the staffing shall include a thorough review and assessment of the youth's needs, strengths, and weaknesses. At a minimum, the MDT Team shall consider the following prior to recommending a furlough:
a. Educational/vocational needs/ progress; b. Medical concerns, including whether youth is taking
medications; c. Mental health concerns; d. General treatment needs/progress in the areas of substance
abuse, anger management, thinking errors; e. Behavioral concerns; f. Level of participation in the behavior management program; g. Home environment; h. SAVRY; i. Community risk assessment; j. Proposed aftercare/release plans; k. Special needs concerns (i.e. SMI/ID/psychotropic medication
needs/ self-harm); l. Escape risk; m. Travel arrangements; and n. Family function or CBS function.
2. The PPO/J shall conduct a home study for purposes of the furlough(s) and submit a written report within seven (7) working days of a referral by the MDT Team.
For those youth committed to OJJ custody for the commission of a violent offense against a person, the home study shall include documentation regarding the victim(s), victim(s) impact statements,

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if available, and victim’s whereabouts, such as address and proximity to where the youth’s furlough will take place.
For those youth committed for a sex offense, the home study shall include information regarding the victim(s) and victim(s'), whereabouts.
During the home study, the PPO/J shall have the proposed custodian complete or assist in the completion of the “Custodian Information Form” [refer to Attachment C.4.1 (b)]. The results of the home study shall be communicated to the MDT Team, and shall be submitted to the Facility Director as part of the “Furlough Referral and Application Form”.
If the youth has been granted consecutive furloughs to the same location with the same parent/guardian within a 90 day period of when the last home study was completed, it will not be necessary to complete another home study form, but the PPO/J must conduct a visit to the home prior to each furlough to ensure that the family dynamics remain the same.
If the family dynamics do change, the PPO/J shall complete an addendum to the home study indicating the changes. A copy of the addendum must be faxed to the appropriate facility and the Central Office Furlough Coordinator.
A complete home study shall be done if the prior home study was completed more than 90 days from the request of the furlough(s).
3. If the parent/guardian did not participate in the quarterly staffing when the furlough was discussed, the Case Manager shall make telephone contact and/or send formal written correspondence to the youth's parent/guardian about the proposed furlough(s).
4. After the MDT Team signs the form, a completed “Furlough Referral and Application Form” will be sent to the Facility Director.
For those youth committed for a sex offense, Page 2 of the “Furlough Referral and Application Form” must indicate if the youth is participating in sex offender treatment or has completed treatment at another facility, including a community based program.
Furloughs for youth, who because of such things as the nature of their offense, their behavior, the neighborhood where the furlough will take place, shall require a higher level of approval, to include the following:

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a. Facility Director; b. Regional Manager; c. Regional Director; d. Assistant Secretary; and e. Deputy Secretary.
5. With the exception of a Family Emergency Furlough, once approved by the Facility Director, the furlough application shall be forwarded to the Deputy Secretary/designee for final approval, after completing the “Checklist for Furlough Requests” [Attachment C.4.1 (c)].
D. Furlough Action by the Deputy Secretary
1. Once approved by the Facility Director, the furlough application must be transmitted to the Deputy Secretary/designee for review and final approval. All documentation used to support the Facility Director’s approval of the furlough must be transmitted to the Deputy Secretary/designee along with the furlough application.
2. The furlough application with supporting documentation must be transmitted to the Deputy Secretary/designee 21 days prior to the requested date of the furlough.
3. The Deputy Secretary/designee shall notify the Facility Director and the appropriate Regional Office of the decision by returning the “Furlough Referral and Application Form”.
If the furlough is denied, the Case Manager shall promptly counsel with the youth and notify the parent/guardian and CBS.
E. Notice to Court and District Attorney
1. If the furlough is approved by the Deputy Secretary/designee, the Deputy Secretary/designee shall provide written notice of plans to furlough the youth to the Court and District Attorney for “objection” or “no objection”, by forwarding the “Notice to Court and District Attorney” [refer to Attachment C.4.1 (d)].
a. Written notice shall include:
1) Reference to La. R. S. 15:908 regarding the authority designated to YS to authorize a temporary furlough;
2) Whether the furlough requested is for a youth sentenced under Ch. C. Art. 897.1;

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YS Policy No. C.4.1 Page 17
3) Statement that the furlough shall not be authorized over the objection of the Court or if the District Attorney objects, until the conclusion of a contradictory hearing; and
4) Statement that the furlough program is a continuing rehabilitative process expected to last throughout the youth's commitment.
Written notice shall be furnished to the Court upon approval of the furlough.
F. Sex Offenders Required to Register
1. Upon receipt of the furlough packet, which shall include the “Safety Plan Contract”, the Central Office Furlough Coordinator shall review the packet, and if the youth has been adjudicated delinquent for a sex offense, shall notify Legal Services by email.
a. The email shall include the youth's: 1) Name; 2) YS identification number; and 3) Sex offense title and statute number.
2. Legal Services shall determine whether or not the youth was adjudicated delinquent for a register able offense and shall notify the Central Office Furlough Coordinator by email.
3. If the Central Office Furlough Coordinator does not receive the furlough approval at least 48 hours prior to the beginning of the furlough, a second fax shall be forwarded as soon as possible but BEFORE the youth is granted the furlough.
4. All paperwork pertaining to the furlough and produced pursuant to this section shall be placed in the youth's furlough packet.
VIII. CONDITIONS OF FURLOUGH:
A. Custody Receipt - Pursuant to La. R. S. 15:908(B), the adult assuming custody of the child for the furlough must sign a “Custody Receipt” [refer to Attachment C.4.1 (e)]. In most cases, the person assuming custody will be the parent or guardian.
If the parent or guardian is unable to travel to the facility to assume custody of the youth, an approved responsible adult family member, age 21 or over, may accept custody of the youth. This person must be on the youth's approved visitation list, or must be known by the Department of Children and Family Services (DCFS) worker or the assigned PPO/J.

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YS Policy No. C.4.1 Page 18
B. Conditions of Furlough - Case Managers are responsible for reviewing the “Conditions of Furlough” [refer to Attachment C.4.1 (f)] and sanctions with the youth and family member or previously approved adult who will take custody of the youth.
The Case Manager shall provide the youth and custodian with a copy of the “Conditions of Furlough” and sanctions. Following review with the youth and custodian, the Case Manager shall have the youth and custodian sign the “Conditions of Furlough” form acknowledging that they understand the conditions and sanctions. The youth shall be required to sign the “Furlough Contract” [refer to Attachment C.4.1 (f-1)].
All furloughs require that the youth be drug screened twice: 1) on the day of the furlough before he leaves the facility; and 2) on the day that he returns from a furlough. If the youth fails the pre-furlough drug screen, the furlough shall be canceled. (Refer to YS Policy No. C.2.7)
The custodian shall also be required to read and sign a “Furlough Custodian Agreement” [refer to Attachment C.4.1 (g)].
C. Transportation - The responsible adult shall physically transport the youth from the facility and return the youth to the facility.
D. On the day of the furlough, PRIOR TO the youth leaving the facility, the JETS transfer screen shall be updated indicating that the youth is on furlough. (Refer to YS Policy No. B.3.1)
E. All furloughs shall be monitored by the appropriate Regional Office either face-to-face or by phone.
IX. RETURN OF YOUTH TO FACILITY:
A. Upon return to the facility, the youth shall be transported to the infirmary for a wellness check and to conduct mandatory drug screens.
B. The supervising PPO/J shall submit a report to the facility regarding the success of the furlough by email or written report if the furlough lasted longer than two (2) days.
C. The youth’s assigned Case Manager shall interview the youth and assess the success of the visit.
D. A report shall be submitted to the Court indicating if the furlough was successful or unsuccessful.

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 36 of 56
YS Policy No. C.4.1 Page 19
E. Upon returning to the facility, the JETS transfer screen shall be updated to indicate the return of the youth.
X. YOUTH DID NOT RETURN TO FACILITY:
A. The Regional Director and the Regional Office shall be notified in writing of any youth placed on escape status as a result of a furlough violation. The procedures regarding escapes as outlined in YS Policy No. C.2.1 shall immediately be effected.
B. The Furlough Custodian and youth may be subject to criminal charges as indicated on the “Custody Receipt”
C. Youth may receive a disciplinary infraction for escape. (Refer to YS Policy No. B.5.1)
D. Youth may be suspended for 12 months for any future furlough consideration.
XI. YOUTH ACCOUNTABILITY FOR FURLOUGH VIOLATION:
All youth are issued a LAMOD Youth Manual on day two of the direct intake process pursuant to YS Policy B.2.3. At that time, the treatment philosophy and Youth Stages of Development are explained orally to all youth during the orientation process. The explanation includes discussion of the adverse effects Code of Conduct Violations may have on stage advancement, escorted passes, furlough, and early release consideration. In addition, youth shall not depart from either the grounds of a secure care facility, or from the custody and control staff while off the grounds of the facility, or fail to return to the facility from a furlough.
Consequences for such Code of Conduct violations may include the revoking of pending or upcoming approved furloughs. (Refer to YS Policy Nos. B.2.1, B.2.2, B.2.7 and B.5.1)
A. Types of violations and available sanctions:
1. Escape
a. Code of Conduct Violation for escape; b. 12 months in YS secure custody prior to any further furlough
consideration; and c. Filing of criminal charges for escape and/or related charges.

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 37 of 56
YS Policy No. C.4.1 Page 20
2. Positive Drug Screen
a. Code of Conduct violation for intoxication and/or contraband; b. Six (6) months in YS secure custody prior to any further
furlough consideration; c. Modification of IIP to include a recommendation for referral to
substance use services; and d. Modification of Needs Assessment to reflect recent usage of
illegal/intoxicating substances (completion of Substance Abuse Assessment).
3. Commission of Crime While on Furlough
a. 12 months prior to any further furlough consideration; and b. Recommendation for referral to an appropriate treatment
program.
4. Other Violations
a. Therapeutic interventions appropriate to behavior.
B. Documentation of Violations
1. Documentation of Code of Conduct Violations while on furlough shall be reported on an Unusual Occurrence Report (UOR) and a copy sent to the appropriate Regional Office. (Refer to YS Policy No. A.1.14)
2. Reports shall be written by the Case Manager, Program Manager, Group Leader, JJS or PPO/J or other employee who discovers the furlough violation.
3. A Code of Conduct Violation form shall be completed.

Previous Regulation/Policy Number: C.4.1

Previous Effective Date:

11/30/2017

Attachments/References:

C.4.1 (a) Furlough Referral and Application Form July 2018.doc

C.4.1 (b) Custodian Information Form Nov 2015.doc

C.4.1 (c) Checklist for Furlough Requests July 2018.doc

C.4.1 (d) Notice to Court and District Attorney Form Letter Nov 2017.doc

C.4.1 (e) Custody Receipt Nov 2015.doc

C.4.1 (f) Furlough Contract Nov 2015.doc

C.4.1 (f 1) Conditions of Furlough Nov 2017.doc

C.4.1 (g) Furlough Custodian Agreement Nov 2015.doc

C.4.1 (h) Safety Plan Sample.doc

C.4.1 (i) Furlough Change of Status Form July 2018.doc

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 38 of 56 C.4.1 (a)
Instructions for 897.1 Furlough Calculations:
For Article 897.1 cases, at the first Quarterly Reclassification Staffing, the assigned case manager will calculate what the date will be for 60% of the commitment. This shall be documented in the IIP Summary of Staffing.
To calculate the 60%, convert the youth’s time into months and multiply by .60. That will give you the amount of months the youth will have to serve before he is eligible. Example 1: John Joseph was sentenced to his 18th birthday which is 09/01/19. He was placed in custody on 11/01/17. So from 11/01/17 to 09/01/19 that would equal 22 months. 22 x .60 = 13.2 months So 60% of John Joseph’s sentence would be approximately 12/06/18.
Example 2: Michael Smith was given a 3 year sentence. He entered custody on 06/01/17. So 3 years is 36 months. 36 x .60 = 21.6 So 60% of Michael Smith’s sentence would be approximately 03/18/19

Page 1 of 5

July 2018

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 39 of 56 C.4.1 (a)
FURLOUGH REFERRAL AND APPLICATION FORM TYPE OF FURLOUGH REQUESTED (check one)
□ Family Emergency □ Ch.C. Art. 897.1(A) □ Ch.C. Art. 897.1(B-C) □ Standard

REFERRAL BY STAFFING COMMITTEE
(To be completed at staffing)
Youth: ___________________________ DOB: ____________ Client ID # __________ Date of Direct Admission: __________ Facility: _________ Dorm: _________________ Date of Transfer to Current Facility: ___________________ Full-Term Date: ______________ Committing Court: _________________________ Judge(s): ______________________________________________________________ Estimated Program Completion Date: ____________________ Committing Offense(s): ___________________________________________________
Amount of Time at Facility: ___________ % of Sentence Served: ________ (897.1 only)
Within 12 months of modification eligibility _____ Yes (Ch.C. Art. 897.1(B-C))
Pending Charges: _______________________________________________________
Detainers: _____________________________________________________________
Prior(s) Resulting in Placement/Commitment: __________________________________
Escape History: _________________________________________________________

*****************************************************************************************************************************************
SAVRY Summary Risk Rating History: Current Rating: ______ Date: ___________ Previous Rating: ______ Date: ___________

_________________________________________________________________________________________________
CODE OF CONDUCT REVIEW: (Attach COC/Assault database printout for previous 12 months where appropriate.)

Number violations within most recent 30 days: ____ Most serious (or pending) infraction: ________________________________ Restrictions / Consequences imposed: ______________________________

Number violations within previous 30 days: ____ Most serious (or pending) infraction: _______________________________ Restrictions / Consequences imposed: _____________________________

Number violations within past 6 months:

____

Most serious (or pending) infraction: _______________________________

Restrictions / Consequences imposed: _____________________________

Recommended length of furlough: __________________________________________

Page 2 of 5

July 2018

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 40 of 56 C.4.1 (a)

UNIT MANAGEMENT TEAM REVIEW
(To be completed by Unit Management Team)

Referral received by (member of Unit Management Team):_________________ Date: ________

If youth is currently identified as having a serious mental illness (SMI), are there any concerns that would impact furlough participation? ______________________________ ______________________________________________________________________

Are there concerns regarding psychotropic medication(s)? _______________________ ______________________________________________________________________ ______________________________________________________________________

If youth currently has a medical condition, are there any concerns that would impact furlough participation? ____________________________________________________ ______________________________________________________________________

Are there concerns regarding any medications? ________________________________ ______________________________________________________________________

PROGRAM PARTICIPATION (Provide program information relative only to needs identified in treatment plan):

Name of Program 1. ______________________ 2. ______________________ 3. ______________________

Facilitator's Name ____________________ ____________________ ____________________

Progress ________________ ________________ ________________

Comments: ____________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Attach the most recent quarterly/monthly progress reports.

Educational and Vocational Performance/Needs: ______________________________ ______________________________________________________________________

Furlough Consistent with Aftercare / Release Plan: _____________________________ ______________________________________________________________________

HOME ENVIRONMENT and SUPPORT
□ Yes □ No Is the environment suitable for the youth to have the support and
supervision needed for a furlough?
□ Yes □ No Has the youth received any mail, packages, telephone calls or other
correspondence from his/her parent/responsible family member within the past 30 days?
□ Yes □ No Does CBS indicate that the home and home environment are suitable for
the youth to return to for a placement upon release from secure custody?

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July 2018

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 41 of 56 C.4.1 (a)
□ Yes □ No If so, does CBS object to the youth being checked out by the legal
guardian for an off-campus restricted visit to the facility domicile area?
□ Yes □ No Has the parent/responsible family member participated in three Family
Reintegration Sessions with the last most recent being in the last 30 days at the facility?
□ Yes □ No Has the youth received a visit from the parent/responsible family member
within the past 90 days? (Please note type and dates below)
_____ Regular Visitation: ______________________________________ _____ Family Therapy Visit: ___________________________________ _____ On or Off Campus Visit: _________________________________ _____ Special Visit: __________________________________________

Can approved parent/responsible family member provide transportation to and from facility? □ Yes No If yes, who? _________________________________________
If no, what arrangements will be made for transportation of the youth? ______________ ______________________________________________________________________
Will youth be required to wear an Electronic Tracking Device while on furlough?
□ Yes □ No
If yes, what is the name, phone number and office address of the individual who will be tracking the youth? ______________________________________________________

Curfew from: ____________________ to: ____________________ (If blank, curfew begins at 6:00 p.m. and ends at 7:00 a.m.)

Furlough to begin on: ____________ __________ end on: ____________ __________

Date

Time

Date

Time

Activities to be completed while on furlough:

1.

2.

3.

4.

5.

Appointments to be kept while on furlough:

1.

with Whom:

2.

with Whom:

3.

with Whom:

Page 4 of 5

July 2018

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 42 of 56 C.4.1 (a)

MEMBERS OF UNIT MANAGEMENT TEAM:

_____________________________ Name _____________________________ Name _____________________________ Name _____________________________ Name _____________________________ Name _____________________________ Name _____________________________ Name _____________________________ Name

______________________ Title ______________________ Title ______________________ Title ______________________ Title ______________________ Title ______________________ Title ______________________ Title ______________________ Title

__________ Date __________ Date __________ Date __________ Date __________ Date __________ Date __________ Date __________ Date

Is FURLOUGH recommended? □ Yes □ No

______________________________________ Group Leader’s Signature

__________ Date

FURLOUGH: □ Approved □ Denied

______________________________________ Facility Director's Signature (Deputy/Assistant Director if Facility Director is absent)

__________ Date

FURLOUGH: □ Approved □ Denied

_____________________________________ Regional Manager/OJJ (if applicable)

__________ Date

FURLOUGH: □ Approved □ Denied

_____________________________________ Regional Director/OJJ (if applicable)

__________ Date

FURLOUGH: □ Approved □ Denied

_____________________________________ Deputy Secretary/designee/OJJ
FURLOUGH:

__________ Date
□ Approved □ Denied

Page 5 of 5

July 2018

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 43 of 5C6.4.1 (b) CUSTODIAN INFORMATION FORM (To be completed by CBS Staff)

Youth: ________________________________ DOB: _________ Client ID#: ____________

Custodian’s Full Name: _________________________________________________________

Date of Birth: __________________ Age: ________ SSN#:___________________________

Telephone Nos.: Home: ________________ Work: _______________ Cell: ______________

Mailing Address: ______________________________________________________________

(P.O. Box/Street)

(City)

(State) (Zip Code)

Home Address (if different): ______________________________________________________

(Physical Location of House)

Relationship to Youth: _______________________ Length of Relationship: ________________

Occupation: ____________________ Work Address: _______________________________

Other Persons in Same Household:

Name

Age

1.

_

2.

3.

4.

5.

(Use back if additional space is needed)

Relationship to Youth

Relationship to Custodian
_____________________ _____________________ _____________________ _____________________ _____________________

Is transportation available to pick up and return child to facility? □ Yes □ No

Transportation to be used:

Vehicle Make

1.

______

2.

______

Model

Year

Color

License#

Name of authorized adult providing transportation (if not custodian): ______________________

□ Yes □ No Are you a Furlough Custodian for another youth currently in a facility? If Yes,
provide the following:

Youth's Name

Client ID #

Facility

□ Yes No

Have you ever been convicted of a Misdemeanor or Felony? If Yes, please provide the following:

Offense _______________________ _______________________ _______________________

Date _________ _________ _________

Disposition (Probation/Prison) __________________________ __________________________ __________________________

□ Yes No

Are you or anyone in your household currently on Probation or Parole? If Yes, please provide the following:

Name of Individual _______________________ _______________________ _______________________

Age _________ _________ _________

Relationship to Youth __________________________ __________________________ __________________________

Signature: _________________________________

Date:

Page 1 of 1

November 2015

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 44 of 56
C.4.1 (c)

Checklist for Furlough Requests
A checked box indicates “Yes, this has been completed or done”.

□ Reviewed to ensure that correct forms are used. (These forms may be printed
from the policy database. See YS Policy No. C.4.1. All forms are attached at the end of the policy.)

□ Completed C.4.1 (a) “Furlough Referral and Application Form” at the staffing to
determine if the youth is eligible for a furlough. Answered every question.

□ The time the furlough begins AND ends is entered on C.4.1 (a).

□ Youth will be required to wear an EMP device.

□ The youth’s family has participated in three (3) or more family sessions. The last
session occurred within the last 30 days.

□ A home study that has been completed by CBS staff is attached to the referral
packet submitted to Central Office.

□ Attachment C.4.1 (b) “Custody Information Form” that has been completed by
CBS staff is attached to the referral packet submitted to Central Office.

□ The last two (2) progress reports are attached to the referral packet which is to
be submitted to Central Office.

□ The completed referral packet is being submitted to Central Office at least 21
days prior to the planned beginning date of the furlough.

□ If this furlough falls under the exception for a standard furlough, the cover letter
indicating the Facility Director’s Approval explaining the reasons why the furlough was requested must be forwarded to the Deputy Secretary of designee.

__________________________________ Facility Director’s Signature

________________ Date

July 2018

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 45 of 56 C.4.1 (d)

Date

NOTICE TO COURT AND DISTRICT ATTORNEY

The Honorable Judge Address

District Attorney Parish of Address

RE: DOB: DOCKET: PARISH:

PARENT / RESPONSIBLE PARTY (S):

Dear Judge _______ and District Attorney:

Temporary furloughs serve as a rehabilitative tool to assist our youth in maintaining family and community relations. Eligibility criteria include the youth’s committing offense, disciplinary record, educational progress, program participation, family involvement and furlough history.

In accordance with Louisiana Revised Statute 15:908, this letter serves to advise the Court of (youth’s name) eligibility for (Type of Furlough) . According to LSA R.S. 15:908, a furlough cannot be granted to this youth if Youth Services is notified of an objection by the Court or District Attorney without a contradictory hearing.

(youth's name) meets the criteria established by Youth Services for a (Type

of

Furlough) Furlough for a period of _______________ and has been deemed eligible

for such by the Facility Director at

(Name of Facility) for Youth and/or the

Deputy Secretary of Youth Services. This furlough is scheduled to begin at (Time)

on (Date) and end at (Time) on (Date) and will take place in

_________________, Louisiana.

If (Youth’s name) loses his/her eligibility for the above referenced furlough prior to the date the furlough period is to begin, the recommendation for furlough leave will be withdrawn and the furlough will be cancelled.

Page 1 of 2

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 46 of 56 C.4.1 (d)

The Honorable District Attorney

RE: (Youth’s name)

Please indicate below whether there is an objection to furloughing this youth. It is kindly

requested that this form be returned by (Date)

to the following Fax number:

________________________.

If additional information is needed, please advise.

Respectfully,

Deputy Secretary

To be completed by the Court with regards to the furlough:

I Object. ____________ I Do Not Object. Signed: ____________________________________ Date: ___________________

Date Received by the Facility:___________

To be completed by the District Attorney with regards to the furlough:

I Object.

_

I Do Not Object.

Signed: ____________________________________ Date: ___________________

Date Received by Facility:

Page 2 of 2

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 47 of 56
C.4.1 (e)

CUSTODY RECEIPT

(Name of Youth)

has been given permission to leave (Name of Facility)

whose address is (Address of Facility) to go on furlough. While on furlough he

will be located at

(Address, City)

, Louisiana. He/she

may leave on (Type of Furlough) at the following date and time:

Furlough is to begin on:

(Date)

at (Time) .

Furlough is end promptly on:

(Date)

at (Time) .

Signed:

Date: ___________________

Facility Director, __________ Center for Youth

______________________________________________________________________

FURLOUGH CUSTODIAN RECEIPT

This is to certify that

(Name of Youth) was delivered into the care and custody

of (Furlough/Transport Custodian) , (Relationship to Youth)

, for the purpose

of a (Type of Furlough) to begin on (Date)

at (Time) and to end on

(Date)

at (Time) .

In accordance with the rules and policies of Youth Services, I am accepting responsibility for the said youth and assume all responsibility for his/her safety and well being while on furlough, as well as his/her return to the facility on the above designated date and time. I understand that if I do not return the youth to the facility on the above mentioned date and time, I may be subjecting myself and the youth to criminal charges.

Furlough/Transport Custodian: ___________________________Date: _____________
(signature)
Custodian Address: ______________________________________

Custodian Phone Number: ________________________________

Emergency Contact: _____________________________________

Transportation used to transport youth to and from facility:

_________________ ______________ _________ ___________ ______________

Vehicle Make

Model

Year

Color

License #

Witness: ____________________________________________Date: _____________

Page 1 of 1

November 2015

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 48 of 56
C.4.1 (f)
FURLOUGH CONTRACT

NAME OF YOUTH: _______________________________ CLIENT ID # ______________

FACILITY:

□ BCCY □ SCY

□ SCYC □ WARE

DATE: __________________

It will be necessary for each point of this contract to be reviewed and initialed by the youth going on the furlough and a case manager of the Office of Juvenile Justice. The initialed copy of this contract is to be faxed to the Deputy Secretary of Youth Services prior to the furlough date.

The conditions of the furlough (set by the Deputy Secretary of Youth Services and the Court) have been explained to me.

________________________ ________________________

Youth

Case Manager

I understand the conditions of the furlough.

________________________ ________________________

Youth

Case Manager

I will follow the conditions of the furlough.

________________________ ________________________

Youth

Case Manager

I further understand that approval for future furloughs depend on the success of this furlough.

________________________ ________________________

Youth

Case Manager

I understand that if I have concerns or questions, I will contact my PPO/J assigned to me at __________________ (telephone number).

________________________ ________________________

Youth

Case Manager

Attachment: Conditions of Furlough [C.4.1. (f.1)]

Page 1 of 1

November 2015

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 49 of 56

CONDITIONS OF FURLOUGH

C.4.1 (f.1)

I. PARTICIPATION IN URINE DRUG SCREENING PROGRAM
A. Youth returning from a furlough will be required to submit to a urine drug screen for detection of substance abuse.
Youth and the furlough custodian are cautioned that the consumption of alcoholic beverages, and/or the use of illegal drugs, or drugs which the youth is not prescribed, while on furlough from a Youth Services secure care facility is a violation of the conditions of furlough and the youth’s rehabilitation plan.
B. A positive urine drug screen report may result in the following consequences:
1. Code of Conduct Violation Report. 2. Treatment Plan modified to include substance abuse treatment. 3. Cancellation of furlough privilege for at least six (6) months. 4. Notification of a violation of furlough conditions to Court and Probation Officer.

II. GENERAL TERMS AND CONDITIONS OF FURLOUGH
A. The following are the general conditions of furlough:
1. Youth and furlough custodian must attend the Family Interaction Program prior to going on each furlough.
2. Youth must be involved in family related activities throughout leave period. 3. The furlough custodian is responsible for the youth at all times. 4. Youth must adhere to a 6:00 p.m. to 7:00 a.m. curfew. 5. Youth and furlough custodian must meet with the youth’s probation officer a minimum
of once during furlough periods of 7 days or less. During furlough periods of more than 7 days, youth and furlough custodian must meet with the probation officer at least every 7 days. 6. Youth is restricted from attending any bars, nightclubs, and/or social clubs where alcoholic beverages are sold. 7. Youth is restricted from being involved with any negative peer influences. 8. Youth must obey all local, state, and federal laws. 9. Youth must abide by any specified restrictions designated by the Courts. 10. Youth must wear an electronic tracking device and must comply with all regulations applying to such.

B. Violations of general furlough conditions may result in the following:
1. Cancellation of pending or upcoming furloughs. 2. Therapeutic interventions appropriate to the behavior.
C. Violations of furlough conditions that include the use of drugs or illegal substances, an absence without leave, attempted escape, or commission of a crime may result in the following:

1. Code of Conduct Violation Report for: Escape, Intoxication and/or Contraband.

2. A minimum of six (6) months in the secure care of Youth Services prior to any further consideration by the Facility Director for furlough. For offenses involving an absence without leave or commission of a crime while on furlough, the consequence may include a minimum of twelve (12) months in the secure care of Youth Services prior to any further consideration for furlough privilege.
3. Filing of criminal charges for escape and/or related charges.

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November 2017

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 50 of 56

C.4.1 (f.1) 4. Referral for therapeutic intervention. 5. Reduction in custody level at the time of reclassification as a result of violation report. 6. Notification to Courts for engaging in improper conduct during furlough.

III. SPECIAL CONDITIONS
A. B. C.

The furlough conditions and possible consequences of a violation of these conditions have been explained to

me. I fully understand the furlough conditions and possible consequences and agree to abide by them. If

youth violates conditions, custodian will contact (name) ,

(title) , at (phone number) .

__________________________
Signature of Youth’s Custodian

____________
Date

__________________________ Signature of Youth

____________ Date

__________________________ Signature of Case Manager

____________ Date

C: Master Record
***A URINE DRUG SCREEN SHALL BE REQUIRED UPON RETURN FROM THE FURLOUGH***
I fully understand the furlough conditions, which are for my benefit, and I hereby agree to abide by these requirements.

___________________________ Signature of Youth

_________________________________ Signature of Parent/or Responsible Party

c:

Master Record

_________________________ Date
__________________________ Date

Page 2 of 2

November 2017

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 51 of 56
C.4.1 (g)
FURLOUGH CUSTODIAN AGREEMENT

As a condition of release of (name)

, (CLIENT ID #), on furlough, which I understand is

a benefit to me as well as the above-named youth, I hereby acknowledge and agree to the

following:

1. That the above named youth shall reside with me during the furlough at the address indicated on the attached "Custodian Information Form" [C.4.1 (b)] and shall not, under any circumstances, leave the parish for reasons other than a medical emergency or to return from furlough and, under no circumstances, leave the State of Louisiana.

2. That I am able to provide housing, meals, and transportation to and from the facility for the above-named youth while on furlough.

3. That I will personally escort the youth from the facility and return with the youth at the conclusion of this furlough.

4. That I have received a copy of this “Furlough Custodian Agreement”, listing the conditions of the furlough and will, to the best of my abilities, ensure that the youth abides by those conditions and restrictions.

5. That I will IMMEDIATELY inform the facility at telephone number ________________ of any problems encountered with the youth's conditions of furlough, including any unexplained absence.

6. That this furlough is an extension of the youth's placement in the custody of Youth Services, and that the youth continues to be subject to all applicable rules and regulations of Youth Services.

7. That failure of the above-named youth to return to the facility within the time prescribed on the Furlough Application shall be deemed to be an escape under the law.

8. That intentionally aiding a youth to escape; concealing a youth; or furnishing a youth with articles used for the purpose of escaping (including an automobile); or providing a youth with controlled substances, unauthorized over-the-counter drugs, or alcohol; in violation of Youth Services rules and policies may result in the filing of criminal charges.

9. That knowingly providing false information on this form or the “Furlough Custodian Information” form will result in denial of any future requests by you.

_____________________________________ Signature of Furlough Custodian

________________________ Date

Page 1 of 1

November 2015

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 52 of 56

SAFETY PLAN CONTRACT

C.4.1 (h)

Reasons for the Safety Plan

(Name) is being released from secure care to the care of his father, (name). Therefore, for his safety and the safety of others a written plan is warranted to support him in successful reintegration into the home and community.

Rules and Expectations – We agree to the following:

1. (Name) will be supervised by an adult when he is around younger children under the age of 13 and/or any vulnerable individuals in the home, school and community such as someone who is mentally compromised.
x (Name) will ensure he has an adult supervising him at all times when he is in the company of younger peers or someone who is vulnerable, i.e., mentally compromised in the home, school and community.
x If youth is found alone with a younger child or someone who is vulnerable, i.e., mentally compromised in the home, school and community, his Probation Officer (P.O.) will be notified immediately.

2. (Name) will avoid settings in the community where younger children frequent i.e. parks, amusement parks, swimming pools, youth ball games, unless supervised by an adult.
x (Name) will not grant requests by the youth to go to these types of places unless an adult has been designated to attend who will supervise the youth at all times.
x If the youth has gone to such settings without permission/supervision by an adult, his P.O. will be notified immediately.

3. (Name) will refrain from engaging in any activity which may adversely affect his and others’ safety i.e. viewing pornography, highly sexualized movies/videos and inappropriate sexual dialogue in the home, school and community
x (Name) will provide adequate supervision, enable passwords/content blocks, and keep potentially risk-provoking materials away from the youth to insure compliance.
x If the youth engages in this type of activity, his Probation Officer will be notified immediately.

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 53 of 56
C.4.1 (h)
Support System:

Support Parent/Guardian
Probation/Parole Officer
Therapeutic
Community Treatment Provider (SOTP)

Role When to Contact Contact Information
Family Reintegration or Support Immediately if one of these contract rules is violated
Questions or concerns about his Sex Offender Treatment (SOTP) Questions about his current sex offender treatment

Other recommendations: 1. (Name) should not have any contact with his victim(s) unless the victim(s) and (youth) treatment providers agrees that such contact is appropriate. 2. Place alarms on (Name) bedroom door, window, etc.

This safety plan contract has been reviewed and agreed to by:

______________________________ Youth
______________________________ Parent/Guardian/Caregiver
_____________________________ PPO/J

_______ Date
_______ Date
_______ Date

Case 3:20-cv-00293-JWD-EWD Document 34-3 05/27/20 Page 54 of 56 C.4.1 (i)
FURLOUGH CHANGE OF STATUS FORM TYPE OF FURLOUGH REQUESTED (check one)
□ Family Emergency □ Ch.C. Art. 897.1(A) □ Ch.C. Art. 897.1(B-C) □ Standard
REFERRAL BY STAFFING COMMITTEE
(To be completed at staffing)
Youth: ___________________________ DOB: ____________ Client ID # __________ Date of Direct Admission: __________ Facility: _________ Dorm: _________________ Date of Transfer to Current Facility: ___________________ Full-Term Date: ______________ Committing Court: _________________________ Judge(s): ______________________________________________________________ Estimated Program Completion Date: ____________________ Committing Offense(s): ___________________________________________________ Amount of Time at Facility: ___________ % of Sentence Served: ________ (897.1 only) Within 12 months of modification eligibility _____ Yes (Ch.C. Art. 897.1(B-C)) Pending Charges: _______________________________________________________ Detainers: _____________________________________________________________ Prior(s) Resulting in Placement/Commitment: __________________________________ Escape History: _________________________________________________________ Dates of currently approved furloughs: 1.______________