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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CODY BARNETT, WILLIAM BENNET, CHRISTOPHER BROWN, JESSE CALLINS, GREGORY DUNNING, BERNARD FRANKLIN, RICARDO GONZALES GUERRA, HEATHER LEWIS, ROBERT MORRILL, SAMUEL PAULK, HELEN PICIACCHI, DARIUS WALKER GREAVES and TODD WATSON, on their own and on behalf of a class of similarly situated persons,

Case No. 20-cv---
Class Action
PETITION FOR WRIT OF HABEAS CORPUS AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

Plaintiffs/Petitioners, IMMEDIATE RELIEF SOUGHT
DISABILITY RIGHTS FLORIDA, INC.,

Plaintiff, v.

GREGORY TONY, in his official capacity as Sheriff of Broward County,

Defendant/Respondent.

INTRODUCTION 1. We are in the midst of the most significant pandemic in generations.1 A highly contagious and deadly virus called coronavirus has swept the globe, and the disease caused by this

1 John M. Barry, The Single Most Important Lesson from the 1918 Influenza, N.Y. TIMES, (Mar. 17, 2020), https://cutt.ly/PtQ5uAZ (opinion piece by author of “The Great Influenza: The Story of the Deadliest Pandemic in History,” noting comparison between current COVID-19 outbreak and the 1918 influenza outbreak widely considered one of the worst pandemics in history).

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virus, COVID-19, has killed hundreds of thousands of people worldwide this year.2 People of all
ages have contracted the disease,3 and the World Health Organization estimates that one in five
people who do will require hospitalization.4
2. On March 13, 2020, the President declared a national state of emergency.5 Since
at least March 26, 2020, the United States has led the world in confirmed cases of COVID-19,
with over 1.86 million cases as of June 4, 2020.6 The virus continues to spread exponentially: in
the five-week period from April 26 to June 4, the number of confirmed coronavirus-related deaths
doubled in the U.S., from around 49,000 to over 107,000.7 In Florida, as of June 4, there are over
60,100 total confirmed cases and over 2,600 deaths as a result of the disease.8 The number of new
confirmed cases continues to be high, over 1,300 per day.9 More than half of new deaths come
from South Florida.10
3. There is currently no vaccine or even an effective treatment for COVID-19.11 The
coronavirus spreads aggressively, and people can spread it even if they do not feel sick or exhibit
2 As of June 4, 2020, there were 6,542,851 confirmed cases globally, with 386,581 deaths. Coronavirus COVID-19 Global Cases by the Center for Systems Science and Engineering at Johns Hopkins University, JOHNS HOPKINS U. MED. (accessed June 4, 2020), https://cutt.ly/ryVarEx. 3 Robert Verity, PhD., et al., Estimates of the Severity of Coronavirus Disease 2019: A Model-Based Analysis, 20 LANCET INFECTIOUS DISEASES 669, 673 (Mar. 30, 2020). 4 Q&A on Coronaviruses (COVID-19), WORLD HEALTH ORG. (Apr. 17, 2020), https://cutt.ly/YtEyrxl. 5 Derek Hawkins et al., Trump Declares Coronavirus Outbreak a National Emergency, WASH. POST (Mar. 13, 2020, 10:46 AM), https://cutt.ly/ftWyIPb. 6 Donald G. McNeil, Jr., The U.S. Now Leads the World in Confirmed Coronavirus Cases, N.Y. TIMES (Mar. 26, 2020), https://cutt.ly/QtQ7zz6; JOHNS HOPKINS, supra note 2. 7 JOHNS HOPKINS, supra note 2 (as of June 4, 2020, the US has 1,852,561 confirmed COVID-19 cases, the most of any country). 8 What You Need To Know About COVID-19 in Florida, FLA. DEP’T HEALTH (updated June 4, 2020), https://cutt.ly/nyVkGBp. Of the 2,607 COVID-19 related deaths in Florida, 1,591 occurred in Miami Dade, Broward, Palm Beach, Lee, Hendry, Collier, and Monroe counties. JOHNS HOPKINS, supra note 2. 9 Michelle Marchante, Florida Coronavirus Cases Surge Past 58,700, the Biggest Daily Gain in Six Weeks, MIAMI HERALD (June 3, 2020), https://cutt.ly/iyVfcmm. 10 Id. 11 Coronavirus, WORLD HEALTH ORG. (accessed June 4, 2020), https://cutt.ly/ztWyf7e (“At this time, there are no specific vaccines or treatments for COVID-19.”).
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any symptoms.12 Consequently, public health authorities have exhorted American citizens and institutions—from schools13 to places of worship14 to legislatures15— to adopt a variety of risk-
reduction measures in hopes of keeping the spread at bay. One of the key strategies is to maximize social distancing where possible—maintaining at least six feet from one another.16 Public health
authorities have also advised Americans to wear masks when venturing out, to undertake
aggressive sanitation measures, such as cleaning and disinfecting all common surfaces with products with particular alcohol contents, and to close off any areas used by a sick person.17
Additionally, public health authorities have emphasized the necessity of medically isolating
persons infected with COVID-19, persons who have come into contact with other who have been
infected, and of those experiencing COVID-19 symptoms.
4. Authorities in Florida have likewise responded to this crisis, including via (i) the Florida Governor’s order requiring all persons in Florida to “limit their personal interactions outside the home”,18 (ii) the shelter-in-place, safer at home emergency order issued by Broward County requiring, among other things, that persons outside their homes must “continue to adhere
12 Coronavirus Disease 2019 (COVID-19): HowCOVID-19 Spreads, CTRS. FOR DISEASE CONTROL & PREVENTION (accessed June 4, 2020), https://cutt.ly/CtYRkkC. 13 Coronavirus Disease 2019 (COVID-19): Guidance for Schools and Child Care, CTRS. FOR DISEASE CONTROL & PREVENTION (accessed June 4, 2020), https://cutt.ly/ItRPq5n. 14 Coronavirus Disease 2019 (COVID-19): Interim Guidance for Communities of Faith, CTRS. FOR DISEASE CONTROL & PREVENTION (accessed June 4, 2020), https://cutt.ly/KtRPk1k. 15 Coronavirus and State Legislatures in the News, NAT’L CONF. STATE LEGISLATURES (June 2, 2020), https://cutt.ly/4tRPQne. 16 Coronavirus Disease 2019 (COVID-19): Social Distancing, CTRS. FOR DISEASE CONTROL & PREVENTION (accessed June 4, 2020), https://cutt.ly/nyVgh5j. 17 Coronavirus Disease 2019 (COVID-19): Cleaning and Disinfecting Your Facility, CTRS. FOR DISEASE CONTROL & PREVENTION (accessed June 4, 2020), https://cutt.ly/syVgmfB. 18 Fla. Exec. Order No. 20-112 (Apr. 29, 2020), as extended and modified by Fla. Exec. Order No. 20-120 (May, 9, 2020), Fla. Exec. Order No. 20-123 (May 15, 2020), and Fla. Exec. Order No. 20-131 (May 22, 2020), and Fla. Exec. Order No. 20-139 (June 3, 2020).
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to the guidelines from the [CDC]” regarding social distancing,19 (iii) and the Florida Department
of Health’s issuance, at the direction of the Governor,20 of a public health advisory that individuals
with underlying medical conditions and those over 65 years old “limit[] contact with all persons
outside of the home and distanc[e] any unavoidable contact by a minimum of six feet,” wash hands
or use hand sanitizer frequently and disinfect high-touch surfaces.21
5. Unlike the non-incarcerated population, incarcerated and detained persons are not
free to take those measures that can best protect themselves from COVID-19. A prisoner cannot
choose where to sleep, where to shower, when they are transferred to another cell, or another
facility, or how they are moved. A prisoner cannot buy or make their own mask. A prisoner cannot
choose how to clean their own living quarters. And a prisoner cannot choose to be isolated, or
create for themselves conditions that will allow them to socially distance from others.
6. As a result, jails, like cruise ships and nursing homes, are at the eye of the COVID-
19 storm. For example, at the peak of the outbreak in Wuhan, China—the province where COVID-
19 Broward County Administrator’s Emergency Order No. 20-10 (May 14, 2020), available at https://cutt.ly/MyXuEPz; see also Broward County Administrator’s Emergency Order No. 20-12 (May 21, 2020), Attachment 1 (requiring all establishments to ensure that employees practice social distancing of six feet), Attachment 2 (requiring restaurants to ensure customers remain at least six feet apart), Attachment 3 (requiring social distancing in retail establishments), Attachment 4 (requiring social distancing in personal services establishments), Attachment 5 (requiring automobiles to be spaced at least six feet apart at drive-in movie theatres), Attachment 6 (requiring exercise machines to be spaced at least six feet apart in fitness centers, gyms and community rooms), Attachment 8 (requiring social distancing in parks), Attachment 9 (requiring social distancing in accordance with CDC guidance at Marinas, boat docks, ramps, and other launching venues), Attachment 10 (requiring social distancing on gold courses), Attachment 11 (requiring adherence with CDC social distancing guidelines on pool decks, at pools and other residential recreational amenities in housing developments), Attachment 12 (requiring social distancing at public community pools and private club pools); Broward County Emergency Order 20-12 and 20-13 Frequently Asked Questions (May 22, 2020), https://cutt.ly/PyVjwRN (“Whenever you are outside of your home, you should keep at least six feet between yourself and any person who does not live in your household.”); Broward County Administrator’s Emergency Order No. 20-14 (May 29, 2020), Attachment 1 (requiring at least six feet between employees in all relevant establishments and that establishments “[v]isually mark required separation distances (six feet apart) for areas where there is any potential for people to congregate”). 20 Fla. Exec. Order No. 20-51. 21 State of Florida Public Health Advisory Re: Protective Measures for Vulnerable Populations, Gathering of Private Citizens, and Density of the Workforce (Mar. 25, 2020), available at https://cutt.ly/EyVkgRt.
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19 originated—over half of all reported COVID-19 cases were incarcerated or detained people.22 In New York City, the epicenter of the COVID-19 pandemic in the United States, the rate of infection among detained/incarcerated people on the Rikers Island jail is over three times the rate of infection in New York City generally.23 In Florida, a prisoner is almost six times more likely to get COVID-19 than someone in the general population.24
7. In light of these facts, it is imperative that our jails, and those with authority over them, take every step possible to reduce risks for prisoners, who in so many ways cannot take these essential protective measures for themselves.
8. Incomprehensibly, while Broward County correctional facilities claim to be following CDC guidelines to contain the virus, they actually have not instituted even the most basic safeguards for prisoners and staff. Known conditions across the four Broward County correctional facilities include those that can unnecessarily exacerbate the risk of infection and serious illness or death, particularly for the medically vulnerable:
 as of May 27, 2020, 52 confirmed cases (with only 216 prisoners tested) in the last two months in Broward County Jail facilities;
 no COVID-19 testing or screening of detainees at intake and inadequate testing and screening during detention, including of those whose medical vulnerabilities make
22 Zi Yang, Cracks in the System: COVID-19 in Chinese Prisons, DIPLOMAT (Mar. 9, 2020), https://cutt.ly/qyVzmWE. 23 These numbers likely underestimate the infection rate on Rikers Island, as they do not include the number of people contracted COVID-19 on Rikers Island but who have already been released. The rates of infection rely on publicly released data collected by the Legal Aid Society. See Analysis of COVID-19 Infection Rate in NYC Jails, LEGAL AID SOC’Y (May 27, 2020), https://cutt.ly/RtYTbWd. 24 As of June 3, in Florida overall, there are 27 COVID-19 cases per 10,000 people. Florida Coronavirus Map and Case Count, N.Y. TIMES (June 4, 2020), https://cutt.ly/zyVzoaw. As of June 2, in Florida’s prisons, there are 156 COVID-19 cases per 10,000 prisoners. Katie Park, et al., A State-by-State Look at Coronavirus in Prisons, MARSHALL PROJECT (June 2, 2020), https://cutt.ly/UyVzdIx.
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them especially at risk for severe illness or death if they contract the virus, of those with symptoms, or of those who were in close contact with individuals who test positive for COVID-19;  inadequate COVID-19 testing or adequate screening of staff, resulting in staff who are in close contact with individuals who test positive for COVID-19 continuing to work and interact with detainees and other staff;  inadequate protections for medically vulnerable prisoners, including continued exposure to other prisoners;  failure to medically isolate detainees with symptoms, positive tests, or those exposed to someone with COVID-19, and failure to separate detainees who have tested positive from those who have only potential cases of COVID-19;  a lack of restrictions on detainee movement, both internally and as a result of transfers from other facilities;  failure to institute appropriate social distancing practices in dormitory bunk arrangements, medical areas, dayrooms, waiting lines, holding cells and other locations that are part of the booking process, restroom facilities, staff-initiated gatherings, and meals;  inadequate cleaning, hygiene, decontamination and disinfecting supplies and procedures, both for detainees and staff;  provision of inadequate and detainees personal protective equipment (“PPE”) to staff and detainees and failure to mandate the use and regular replacement of such equipment, particularly equipment designed for single use (such as single-use disposable surgical masks);
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 failure to train staff and detainees on proper use and decontamination of certain PPE so as to ensure its efficacy;
 failure to provide detainees with adequate PPE; and  failure to timely and adequately educate detainees about the virus and prevention
methods. 9. Preventing the Broward County Jail outbreak from growing worse not only will protect those who live and work at the jail, but will also protect the community at large. Jails are not hermetically sealed. Every day, custody, health care and civilian staff who have direct contact with prisoners enter and leave the facilities. For this reason, failing to prevent and mitigate the spread of COVID-19 endangers not only those within the institution, but the entire community. This danger has become more acute as Florida, and Broward County, have begun reopening—with social distancing and capacity restrictions—restaurants, beaches, gyms and other businesses, increasing the risk of community spread.25 Hence, Broward County Sheriff Gregory Tony must take immediate and aggressive action in accordance with public health guidance, to prevent the outbreak from at the jail and its neighboring communities. 10. Absent intervention from this Court to align the operation of Broward County Jails with public health principles—first and foremost, through the release of as many medicallyvulnerable detainees as feasible, but also through improved housing, testing, treatment, education, and sanitation protocols for all others—devastating, and in many cases deadly, irreparable harm will befall detained persons, jail staff, and the community.26 The dramatic outbreaks in detention
25 Fla. Exec. Order No. 20-139 (June 3, 2020). 26 See Sandra E. Garcia, U.S. Prison Population Remained Stable as Pandemic Grew, N.Y. TIMES (May 14, 2020), https://cutt.ly/VyVvEwu.
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facilities around the country prove the need for immediate and significant reductions in jail populations and other public health interventions.27 Courts and executive branch officials elsewhere in the country have accepted this reality and begun adopting processes for releasing detainees.28
11. Accordingly, Plaintiffs—classes of persons incarcerated at Broward County Jails— bring this action and request (i) an immediate end to their unconstitutional conditions of confinement, and (ii) immediate adoption of a process to release all medically-vulnerable detainees, coupled with appropriate support and conditions upon release, as informed by public health and public safety expertise. Given the exponential spread of COVID-19, there is no time to spare.
JURISDICTION AND VENUE 12. Plaintiffs bring this putative class action pursuant to 42 U.S.C. § 1983 and 22 U.S.C. § 2241 for relief from both conditions of confinement and detention that violate their Eighth and Fourteenth Amendment rights under the U.S. Constitution and pursuant to 42 U.S.C. § 12131 et seq. and 29 U.S.C. § 794 for relief from disability discrimination. 13. This Court has subject matter jurisdiction over these claims pursuant to 42 U.S.C. § 1983, 28 U.S.C. § 2241, 28 U.S.C. § 1651 (All Writs Act), and 28 U.S.C. § 1331 (federal question jurisdiction). 14. Venue is proper in this judicial district and division pursuant to 28 U.S.C. § 2241(d) because Plaintiffs and all other class members are in custody in this judicial district and venue.
27 See Park, supra note 24. 28 See Responses to the COVID-19 Pandemic, PRISON POL’Y INST. (last updated June 3, 2020), https://cutt.ly/HyVbrao (citing over 100 instances of jails and prisons in the United States releasing people in response to the COVID-19 pandemic).
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Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to Plaintiffs’ claims occurred in this district.
PARTIES Plaintiffs 15. Plaintiff Christopher Brown is currently detained at the Joseph V. Conte Detention Center (“Conte Facility”), in Unit B4, of the Broward County Jail. He is 59 years old. He has high blood pressure, stage 4 cirrhosis of the liver, problems with a heart valve and is currently receiving medication for his heart issues. He was arrested on February 4, 2020, and is awaiting trial. Mr. Brown’s age and health conditions place him at a significant risk of severe illness and death should he contract COVID-19. 16. Mr. Brown has not been tested for COVID-19. He shares a small cell, which has only three bunk beds, with four other cellmates. Mr. Brown cannot consistently socially distance in his unit due to the conditions under which he is held there. The cellmates share a sink and toilet in the cell, where they also eat their meals. In April, Mr. Brown was informed that at least three people in his unit tested positive for COVID-19, all of whom he was in regular contact with in the dayroom—a common area shared by all prisoners in the unit. Staff told Mr. Brown that he has not been tested because he has not had a fever with a sufficient temperature. The dayroom usually holds about 30 people at a time during the day, with about 15 chairs, electronic kiosks less than two feet apart, and prisoners and staff regularly closer together than six feet. In the third week of May, 13 new people were brought into Unit B4, including two new prisoners placed in Mr. Brown’s cell. Mr. Brown is an individual with a disability for purposes of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. Mr. Brown is a member of the PreAdjudication Class (as defined below) and both Subclasses (as defined below).
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17. Plaintiff Bernard Franklin is currently detained in Unit 7A of the Conte Facility. He is 61 years old. He is HIV positive and has AIDS. Mr. Franklin cannot consistently socially distance in his unit due to the conditions under which he is held there. Mr. Franklin was arrested on March 27, 2020. Mr. Franklin’s age and health conditions place him at a significant risk of severe illness and death should he contract COVID-19. Mr. Franklin has not been tested for COVID-19. Mr. Franklin resides in an open bay unit with 16 6-men cells—there are no walls or doors in the facility separating cells. The unit houses both medically vulnerable prisoners such as Mr. Franklin and non-medically vulnerable prisoners. He shares a cell with two other prisoners and when they are in the cell they are all less than three feet apart from each other. The approximately 45 prisoners in his unit continue to share a dayroom with multiple tables, a kiosk, three phones, two visitation screens, and a television, which are all close together. Even though his unit has been on lockdown since mid-April, twelve prisoners are allowed out in the dayroom at a time, making social distancing is impossible and the guards do not attempt to impose any type of social distancing. Mr. Franklin has only received two facemasks since mid-April. Prisoners in his unit are responsible for cleaning their own cells, though they are not required to clean them daily. He and the other prisoners in his unit are given the same cleaning supplies that the trustees use to clean the day room, so the buckets for cleaning are filled with dirty water by the time the prisoners can use them to clean their cells.
18. On April 21, 2020, officers corralled all thirty-four of the prisoners then housed in Mr. Franklin’s unit in a recreation yard less than half the size of a basketball court so that they could search the prisoners’ cells. On April 22, 2020, five prisoners from Mr. Franklin’s unit were removed when the nurse on a sick call found they had fevers. Mr. Franklin is a member of the Pre-Adjudication Class and the Medically Vulnerable Subclass.
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19. Plaintiff Cody Barnett is currently detained in Unit A8 of the Conte facility. He is 32 years old. He is HIV positive. Mr. Barnett cannot consistently socially distance in his unit due to the conditions under which he is held there. He was booked into the Main jail on April 5, 2020, before being transferred to the Conte facility 17 days later, where he now awaits trial. At booking, Mr. Barnett was not asked if he had any COVID-19 symptoms or otherwise screened for COVID19, was not given a mask during booking, despite that social distancing was not being enforced, and was not given information about how to protect against COVID-19. Despite telling nurses in the Main Jail (including immediately upon booking) and the Conte facility that he had HIV and needed his medication, Mr. Barnett was not provided with his HIV medication for a month after he was booked. Mr. Barnett’s health conditions place him at a significant risk of severe illness and death should he contract COVID-19. Mr. Barnett is an individual with a disability for purposes of the ADA and the Rehabilitation Act. Mr. Barnett is a member of the Pre-Adjudication Class and both Subclasses.
20. Mr. Barnett spent his first night at Main Jail in a holding cell with four or five other men, without even an arm’s length of space between them. The holding cell was dirty, as was the toilet and sink inside the cell. None of the men were given a mask or gloves. Mr. Barnett was transferred to multiple different rooms before appearing in front of a magistrate judge via video appearance, still having not been given a mask. He was subsequently placed in transit dorms for 17 days. Mr. Barnett’s cell was about eight by seven feet, and he had two different cellmates while there. Neither he nor his cellmates were given masks until Mr. Barnett’s second week in transit dorms. The masks were disposable and the inmates wore them improperly. The common areas were cleaned for the first time during Mr. Barnett’s second week as well, and still only once a day. The equipment in the common area was not cleaned between uses. Inmates were allowed to clean
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their cells once a day, but they all had to share the same cleaning materials, which got dirty after others used them. People were cycled in and out of the transit dorms, despite its purpose of quarantining new inmates.
21. On or around April 22, Mr. Barnett was taken to Conte on a bus with 20 other prisoners, handcuffed in pairs. On arrival, he was put in cell B-3 with three or four cellmates. The week of May 11, everyone was moved out of B-3, which was being turned into a quarantine unit. Mr. Barnett was moved to a cell in A-7 with one cellmate. Everyone in A-7 shares 8 showers, and the toilet in his cell overflows. Mr. Barnett’s cellmate was coughing, but was not tested for COVID-19. The cleaning supplies and practices are equally inadequate in A-7 as they were in B3. The first information he received about COVID-19 was via a loudspeaker announcement in mid-May.
22. Plaintiff Robert Morrill is currently detained in Unit B2 of the Conte Facility. He is 44 years old. Mr. Morrill is HIV positive, and suffers from schizophrenia and bipolar disorder. He takes medication for all of these illnesses. Before his arrest, Mr. Morrill suffered kidney failure and had been on dialysis. Mr. Morrill cannot consistently socially distance in his unit due to the conditions under which he is held there. Mr. Morrill’s health conditions place him at a significant risk of severe illness and death should he contract COVID-19. Mr. Morrill is an individual with a disability for purposes of the ADA and the Rehabilitation Act. Mr. Morrill is a member of the PreAdjudication Class and both Subclasses.
23. Mr. Morrill has four cellmates, who are never less than three feet apart. The other cells in the unit are identical and similarly full. Inmates are let out of their cells for one hour twice a day. About 48 inmates are let out at a time, which makes it impossible to social distance in the common areas. Recreation involves 48 inmates enclosed in a space the size of a half basketball
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court. Officers do not enforce social distancing, and inmates are rarely six feet apart. In midApril, the inmates in Unit B2 were first given disposable, single-use masks, without directions how to wear them. Two trustees clean the unit and shared facilities and equipment twice a day, not between uses. Prisoners are responsible for cleaning their own cells, which they are allowed to do once a day, using the same dirty cleaning products that were used by the trustees to clean the common areas. Mr. Morrill gets two bars of soap a week, which he goes through very quickly, and cannot always get more when he runs out. Neither he nor the other inmates in his unit receive liquid sanitizer or paper towels for hand-washing. They receive one towel that gets laundered once a week. Mr. Morrill was not given any information about COVID-19 until recently, when officers made some announcements over the PA about hand washing and keeping six feet apart.
24. Plaintiff Ricardo Gonzales Guerra is currently detained in Unit 7A of the Conte Facility. He is 64 years old. Mr. Gonzales Guerra cannot consistently socially distance in his unit due to the conditions under which he is held there. He was transferred to the Conte Facility on or around February 20, 2020. Mr. Gonzales Guerra was diagnosed with Hepatitis C in 2008. Mr. Gonzales Guerra also suffers from a heart condition involving a vein block and a thyroid condition. Mr. Gonzales Guerra’s age and health conditions place him at a significant risk of severe illness and death should he contract COVID-19. Mr. Gonzales Guerra has not been tested for COVID19.
25. As of early May 2020, Mr. Gonzales Guerra lived in a small cell with five other cellmates. During early May, one of Mr. Gonzales Guerra’s cellmates exhibited multiple symptoms of COVID-19, including a severe cough. Mr. Gonzales Guerra complained to jail officials that he was scared he had been exposed to COVID-19 because of his cellmate and was concerned because of his vulnerability (due to age and underlying medical conditions). However,
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Mr. Gonzales was not tested nor was he referred for any further medical examination. He was not examined by medical staff until May 18, when he was seen for unrelated issues. On May 19, Mr. Gonzales Guerra was transferred to another unit in the Conte Facility, where he shares a small cell with another cellmate. Mr. Guerra is an individual with a disability for purposes of the ADA and the Rehabilitation Act. Mr. Gonzales Guerra is a member of the Post-Adjudication Class and both Subclasses.
26. Plaintiff Jesse Callins is currently detained in Unit 7D1 of the Broward County Main Jail facility (“Main Jail”). He is 64 years old. Mr. Callins cannot consistently socially distance in his unit due to the conditions under which he is held there. Mr. Callins has schizophrenia and bipolar disorder, and is illiterate. Before being transferred to Unit 7D1 earlier this year, he resided in the infirmary and the Henderson Psychiatric Unit before that. Mr. Callins has been spitting up blood for the last month and suffering from night sweats and regular coughing and sneezing. Mr. Callins has not been educated about COVID-19 and its symptoms or causes from any jail official since being in the Main Jail. Mr. Callins lives in a unit with 13 other prisoners who share a common shower area that is cleaned once a day. Mr. Callins is responsible for cleaning his own cell, but is provided only with a mop, once a day after it has been used in other cells, and no other cleaning supplies. Mr. Callins’ age and health conditions place him at a significant risk of severe illness and death should he contract COVID-19. Mr. Callins is an individual with a disability for purposes of the ADA and the Rehabilitation Act. Mr. Callins is a member of the Post-Adjudication Class and both Subclasses.
27. Plaintiff Darius Walker Greaves is currently detained in Unit 5A3 of the Main Jail. He is 25 years old. He has asthma and has recently been wheezing and suffering from shortness of breath. Mr. Walker Greaves has not been tested for COVID-19. Mr. Walker Greaves’ health
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conditions place him at a significant risk of severe illness and death should he contract COVID19. Mr. Walker Greaves has not put in a sick-call to see a nurse as it costs $16 for every sick-call and he knows that a nurse would not be willing to test him for COVID-19 if he requested it at a sick-call. Other than posting one small flyer in the unit, the nurses and officers have not provided him with information about COVID-19 or how to protect himself. The unit that Mr. Walker Greaves is housed in is near capacity, and currently houses 27 prisoners. During May of 2020 three new prisoners moved into his unit. He shares an 8 foot by 6 foot cell with another prisoner, where they sleep in a bunk bed and share a sink and toilet. His unit has been on lockdown since April, but about 8 prisoners, including one trustee, are allowed out in the dayroom at a time. The dayroom has tables, a kiosk, four phones, two visitation screens, and a television, all close together such that social distancing is impossible. Mr. Walker Greaves is rarely ever six feet apart from other prisoners, either in his cell or in the dayroom. Mr. Walker Greaves is a member of the PostAdjudication Class and the Medically Vulnerable Subclasses.
28. Plaintiff Todd Watson is currently detained in Unit 11B of the North Broward facility. He is 56 years old. Mr. Watson suffers from high blood pressure. Mr. Watson cannot consistently socially distance in his unit due to the conditions under which he is held there. Mr. Watson was arrested on March 17, 2020, at which point he was taken to the hospital before booking because of his high blood pressure. While at the hospital, Mr. Watson had a fever of 100.4 degrees and complained of flu-like symptoms, and informed the doctors that he had recently been on a plane, but was not given a COVID test. Hours later, after being released from the hospital, Mr. Watson complained about the same symptoms during the intake screening process at Main Jail, and informed the nurse during screening that he was concerned about having COVID-19, but was not tested at intake either.
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29. During intake, he was kept in a small holding cell with at least 15 other people, sitting shoulder to shoulder, for six hours. After intake, Mr. Watson was handcuffed to another prisoner and transferred to a room on the second floor at the Main Jail, where he spent the night in a unit with approximately 24 other people while they waited for a hearing. Mr. Watson was then handcuffed to another prisoner again and transferred to the fourth floor, where he spent a week and a half in Unit 4B2. That unit was over capacity at the time and Mr. Watson slept for about a week and a half on a “boat” (a hard plastic shell holding a mattress) in the day room with up to six other people. After he was informed that some prisoners had tested positive for COVID, Mr. Watson was then moved to Unit 5C2 in the Main facility. He was subsequently transferred to Unit 11B in the North Broward facility where he is currently a detained prisoner. Mr. Watson has never been tested for COVID. Mr. Watson is a member of the Pre-Adjudication Class and both Subclasses.
30. Plaintiff William Bennet is currently detained in Unit 5D at the Paul Rein Detention Facility (“Paul Rein”) in the Broward County Jail. Mr. Bennet is 68 years old. Mr. Bennett cannot consistently socially distance in his unit due to the conditions under which he is held there. Mr. Bennet suffers from chronic obstructive pulmonary disease, which requires him to use an inhaler twice day. Mr. Bennet also uses a wheelchair, partially as a result of his recovery from throat cancer. Mr. Bennet’s age and health conditions place him at a significant risk of severe illness and death should he contract COVID-19. Mr. Bennett has not been tested for COVID-19.
31. Mr. Bennett’s unit is an open bay facility that holds over 60 prisoners, where they are housed in low-walled “cubicles.” Mr. Bennet shares a “cubicle” with three cellmates, who sleep in two sets of bunk beds less than five feet apart from each other. All the prisoners in the unit share the four toilets and four showers in the unit. Mr. Bennet and his cellmates are provided
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with cleaning supplies once a day to clean their cubicle, and given two small bars of soap a week. No hand sanitizer is allowed; nor are any disinfectants for the prisoners to use. The 60 or so prisoners share a common dayroom that includes a few tables with chairs welded to them, eight phones, three visitation screens, and two kiosks. The phones and visitation screens are less than two feet apart from each other and are used regularly by all prisoners. Mr. Bennet is an individual with disabilities for purposes of the ADA and the Rehabilitation Act. Mr. Bennet is a member of the Pre-Adjudication Class and both Subclasses.
32. Plaintiff Heather Lewis is currently detained in Unit C9 of the Paul Rein facility. She is 52 years old. She has Hepatitis C and asthma. Ms. Lewis cannot consistently socially distance in her unit due to the conditions under which she is held there. Ms. Lewis’ lung was punctured in June 2019 during her arrest and she was hospitalized and put on a ventilator prior to being detained in jail. She has been on breathing treatments ever since. Ms. Lewis’ age and health conditions place her at a significant risk of severe illness and death should she contract COVID19. Ms. Lewis has not been tested for COVID-19. Ms. Lewis has requested a test for COVID-19 but has been denied because she has been told she does not currently have any symptoms. Her unit houses both medically vulnerable prisoners such as Ms. Lewis and non-medically vulnerable prisoners. The trustees wipe down common surfaces in her unit approximately every eight hours. One of the trustees in her unit is “banded,” meaning that she moves throughout the jail and outside the unit. Ms. Lewis and other prisoners in her unit clean their own cells but are only given supplies every other morning. All the prisoners in the unit use the same cleaning supplies and bucket of water to clean their cells.
33. Ms. Lewis received her first mask in the last week of March and did not receive a new one for almost a month. Since March, she has been given only three masks in total. All 17
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of the prisoners in her unit are allowed out in the dayroom in the morning together, and in the evening about half the prisoners are out in the dayroom in shifts. The dayroom contains four telephones, two kiosks, a television and approximately 20 chairs, all of which are close together. The dayroom also has a communal water fountain used by all of the prisoners. Although social distancing could be possible in her unit’s common areas and Ms. Lewis has attempted to social distance, the officers do not enforce any social distancing and the prisoners congregate close together in the dayroom to play cards and other games. Ms. Lewis also has rheumatoid arthritis, but the doctor at the jail is no longer willing to give her the medication she needs for it. The doctor told her that the protocol at the jail because of COVID-19 no longer permits him to give out such medication to prisoners. Ms. Lewis is an individual with a disability for purposes of the ADA and the Rehabilitation Act. Ms. Lewis is a member of the Pre-Adjudication Class and both Subclasses.
34. Plaintiff Samuel Paulk is currently detained in Unit D2 at the Paul Rein facility. He is 42 years old. Mr. Paulk cannot consistently socially distance in his unit due to the conditions under which he is held there. He has asthma, high blood pressure and diabetes for which he takes medication. Mr. Paulk’s health conditions place him at a significant risk of severe illness and death should he contract COVID-19. Mr. Paulk has not been tested for COVID-19. Mr. Paulk has been coughing and having difficulty breathing, but was unaware that those were symptoms of COVID-19 until he was recently told by his lawyer. There are no flyers or other information posted in his unit about COVID-19, its symptoms or measures to prevent its spread. Mr. Paulk has gotten most of his information from watching the news on television and the newspaper. A prisoner in his unit who was having similar symptoms requested a COVID-19 test but his request was declined. That prisoner was ultimately quarantined for three weeks for suspected COVID-19. On May 6, 2020 a nurse told him that the jail “doesn’t waste tests on prisoners” even if they are
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suspected of having COVID-19. Mr. Paulk was also told by a nurse that they would not even take his temperature unless he was put in a sick-call, which would cost him $7. One of the officers in his unit, who was not showing any symptoms, took leave from work because he had COVID-19.
35. Mr. Paulk’s unit is at capacity, with 72 prisoners. The facility actually combined prisoners from two units to fill his unit up to maximum capacity. He shares his two-man cell, which contains a bunk bed, toilet, sink, table and stool, with one other prisoner who has only been in custody for about a month. Although the unit is in lockdown, 15 prisoners at a time are allowed outside to play basketball and congregate in a small outdoor space of about 30 feet by 20 feet. Both in the dayroom and the outdoor recreation area, prisoners do not practice social distancing, nor do guards require it. Recently, two new prisoners were brought into his unit who had been transported to prison with someone who tested positive for COVID-19. The new prisoners were not quarantined or otherwise isolated from the unit when they arrived. Mr. Paulk has received three single use masks since mid-April. When prisoners’ masks break, the officers don’t replace them right away, so some prisoners have resorted to making their own masks from the sleeve of a shirt. Mr. Paulk is a member of the Pre-Adjudication Class and the Medically Vulnerable Subclass.
36. Plaintiff Helen Piciacchi is currently detained in Unit C9 of the Paul Rein facility. Ms. Piciacchi is 59 years old. Ms. Piciacchi cannot consistently socially distance in her unit due to the conditions under which she is held there. She has low blood pressure and a history of liver problems. She is legally disabled, with metal plates in her arms and legs, nerve damage in her left wrist, and limited function in her left hand. Ms. Piciacchi currently suffers from severe stress and post-traumatic stress disorder. Recently, she has been so nervous that she picks at her hands until they bleed. Ms. Piciacchi resides in an open bay unit with 16 other prisoners—there are no walls or doors in the facility separating cells. The unit houses both medically vulnerable
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prisoners such as Ms. Piciacchi and non-medically vulnerable prisoners. The prisoners share a dayroom. While Ms. Piciacchi has attempted to social distance and keep herself isolated, officers do not try to enforce any social distancing requirements. The non-medically vulnerable prisoners often congregate together, and are not told to socially distance.
37. While prisoners have all been given masks, many do not wear them, or do not wear them properly, and are not counselled to do so. Ms. Piciacchi has been provided with three masks since the end of March, and no gloves. Ms. Piciacchi is expected to clean her own cell, but is provided with a broom, mop, and cleaning solution only once every other day. The trustees are responsible for cleaning common areas. One of the trustees in Ms. Picacchi’s unit is “banded”— meaning she regularly works outside the unit in other units, including doing sanitation, laundry, and cleaning units, exposing her (and thus Ms. Piciacchi’s unit) to whatever is present in those other units. Ms. Piciacchi has not been tested for COVID-19. Ms. Piciacchi has asked to be tested for COVID-19, and staff have rejected each request because she has not exhibited sufficient symptoms. Ms. Piciacchi is an individual with disabilities for purposes of the ADA and the Rehabilitation Act. Ms. Piciacchi is a member of the Pre-Adjudication Class and both Subclasses.
38. Plaintiff Gregory Dunning is currently detained at the North Broward Bureau, Broward County Jail (“North Broward”), in Unit 11B, of the Broward County Jail. He is 51 years old. He has high blood pressure, asthma, and knee pain. He has been diagnosed with schizophrenia, depression, and suffers from panic and anxiety attacks. These conditions make it difficult for him to concentrate and remember things, especially when under stress or pressure. He was arrested on October 10, 2019, and is awaiting trial. Mr. Dunning’s age and health conditions place him at a significant risk of severe illness and death should he contract COVID-19.
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39. Mr. Dunning has not been tested for COVID-19. He shares a small cell with one other prisoner, even though there is an empty cell in his unit. Mr. Dunning cannot consistently socially distance in his unit due to the conditions under which he is held there. He shares a sink and toilet with his cellmate. Guards do not enforce social distancing in the common area. New arrestees have been assigned to Mr. Dunning’s unit without being medically quarantined or separated in any way. New prisoners have been assigned to Mr. Dunning’s unit that have symptoms of COVID-19. One new prisoner was assigned to the cell next to Mr. Dunning’s cell and was coughing for an entire week before he was removed. At one point during this week, the symptomatic prisoner lost his mask and was not given a new one, so he was coughing next to Mr. Dunning’s cell without a mask. To treat his asthma, a nurse brings Mr. Dunning an inhaler twice a day. Mr. Dunning has witnessed the nurse who brings his inhaler go into other units where Mr. Dunning has heard there are positive COVID-19 cases. Mr. Dunning is an individual with a disability for purposes of the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act. Mr. Dunning is a member of the Pre-Adjudication Class and both Subclasses.
40. Disability Rights Florida, Inc. (“DRF”) is a not-for-profit corporation serving as Florida’s federally-funded Protection and Advocacy Agency for individuals with disabilities, and serves as such by Executive Order signed by the Governor of Florida. As a Protection and Advocacy Agency, DRF has a congressional mandate to, among other things, “pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State who are or who may be eligible for treatment, services or habilitation.” 42 U.S.C. § 15043(a)(2)(A)(i)f.
41. DRF has standing on behalf of its constituents and clients who are substantially affected by Defendant’s noncompliance with constitutional and statutory protections because such
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noncompliance falls within DRF’s general scope of interest and activity. The relief requested— declaratory and injunctive—is the type of relief appropriate for DRF to receive on behalf of its individual constituents.
42. DRF’s constituents have suffered injury—and continue to suffer injury—that would allow them to have standing to sue in their own right. The interests DRF seeks to protect are germane to DRF’s purpose.
Defendant 43. The Broward County Sheriff, Gregory Tony, is the Chief Correctional Officer for Broward County and is solely responsible, through the Broward Sheriff’s Office (“BSO”), for the operation of the jails in Broward County, which include, but are not limited to, theMain Jail Bureau, Joseph V. Conte Facility, North Broward Bureau, and the Paul Rein Detention Facility (collectively, the “Broward County Jails”). Sheriff Tony is a final policymaker for running and administering the Broward County Jails. Sheriff Tony has immediate custody over Plaintiffs and all other putative class members. Sheriff Tony is sued in his official capacity.
FACTUAL ALLEGATIONS COVID-19 Poses a Significant Risk of Illness, Injury, or Death 44. The novel coronavirus that causes COVID-19 has led to a global pandemic.29 As of June 4, 2020, there were more than 6,542,851 reported COVID-19 cases throughout the world and more than 1.86 million reported COVID-19 cases and 107,175 deaths in the United States.30
29 See Betsy McKay et al., Coronavirus Declared Pandemic by World Health Organization, WALL ST. J. (Mar. 11, 2020), https://cutt.ly/UtEuSLC. 30 JOHNS HOPKINS, supra note 2.
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Projections indicate that as many as 240,000 people in the U.S. will die from COVID-19, accounting for existing interventions.31
45. The Florida Department of Health, at the direction of Florida Governor Ron DeSantis, declared a Public Health Emergency for the state of Florida on March 1, 2020 to respond to the threat posed by COVID-19.32 On March 9, 2020 Governor DeSantis declared a state of emergency in Florida due to COVID-19, which he extended on May 8, 2020, and which is still in effect.33 On March 25, 2020, President Donald Trump declared that a major disaster exists in the State of Florida due to COVID-19.34
46. Broward County declared a state of emergency on March 10, 2020 because “COVID-19 constitutes a clear and present threat to the health and welfare of the people of Broward County.”35 Broward County renewed that Declaration of Emergency on March 17, March 24, March 31, April 7, April 14, April 21, April 28, May 5, May 12 and May 18 due to the continuing threat posed by COVID-19 to the health, safety and welfare of the people of Broward
31 Rick Noack, et al., White House Task Force Projects 100,000 to 240,000 Deaths in U.S., Even With Mitigation Efforts, WASH. POST (Apr. 1, 2020), https://cutt.ly/5tYT7uo. 32 FLA. DEPARTMENT OF HEALTH, STATE OF FLORIDA DEPARTMENT OF PUBLIC HEALTH DECLARATION OF PUBLIC HEALTH EMERGENCY (Mar. 1, 2020), available at https://cutt.ly/ayVQwh0. 33 Florida Department of Health Announces New Positive COVID-19 Case in Florida - Governor Ron DeSantis Issued Executive Order 20-52 Declaring a State of Emergency for COVID-19, FLA. DEP’T HEALTH (Mar. 9, 2020), https://cutt.ly/8yVQiDj; FLA. EXEC. ORDER NO. 20-114 (EMERGENCY MANAGEMENT-EXTENSION OF EXECUTIVE ORDER 20-52-COVJD.19) (extending the state of emergency in the state of Florida for 60 days from May 8, 2020). 34 Office of the President, President Donald J. Trump Approves Florida Disaster Declaration (Mar. 25, 2020), available at https://cutt.ly/dyVQbYb. 35 BROWARD COUNTY COMMISSIONERS, DECLARATION OF EMERGENCY (Mar. 10, 2020), available at https://cutt.ly/WyVQDrX.
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County.36 Additional Emergency Orders in Broward County were issued on May 21, and those
orders were amended on May 22, and May 29.37
47. The virus is known to spread mainly from person to person through respiratory
droplets, close personal contact, but may also spread from contact with contaminated surfaces and
objects.38 COVID-19 is thought to survive for a half-hour suspended in the air in droplet form, up
to twenty-four hours on cardboard, and up to three days on stainless steel and plastic.39 There is
no vaccine for COVID-19, and there is no known medication to prevent or treat infection.40 Social
distancing—deliberately keeping at least six feet of space between persons to avoid spreading
illness41—and a vigilant hygiene regimen, including frequent hand-washing, use of alcohol-based
hand sanitizers, frequent cleaning and disinfecting of any surfaces touched by any person, and the
use of personal protective equipment (“PPE”) such as masks, are the only known effective
measures for protecting against transmission of COVID-19.42
48. Researchers have found that a high percentage of individuals with COVID-19 are
either a-symptomatic or pre-symptomatic—meaning they can rapidly unknowingly spread the
virus to others before developing any symptoms themselves.43 Since COVID-19 spreads silently
36 BROWARD COUNTY COMMISSIONERS, DECLARATION OF EMERGENCY (May 19, 2020), available at https://cutt.ly/RyVQXpa. 37 BROWARD COUNTY ADMINISTRATOR’S EMERGENCY ORDER NO. 20-12 (May 21, 2020), BROWARD COUNTY ADMINISTRATOR’S EMERGENCY ORDER NO. 20-13 (May 22, 2020), BROWARD COUNTY ADMINISTRATOR’S EMERGENCY ORDER NO. 20-14 (May 29, 2020), available at https://cutt.ly/MyXuEPz. 38 Coronavirus Disease 2019 (COVID-19): Interim Infection Prevention and Control Recommendations for Patience with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings, CTRS. FOR DISEASE CONTROL & PREVENTION (May 18, 2020), https://cutt.ly/ztRAo0X. 39 Neeltje van Doremalen et al., Aerosol and Surface Stability of SARS-CoV-2 as Compared with SARS-CoV-1, NEW ENG. J. MED. (Apr. 16, 2020). 40 WORLD HEALTH ORG., supra note 11. 41 CTRS. FOR DISEASE CONTROL & PREVENTION, supra note 16. 42 Coronavirus Disease 2019 (COVID-19): Protect Yourself, CTRS. FOR DISEASE CONTROL & PREVENTION (accessed June 4, 2020), https://cutt.ly/GyVELfw. 43 Roz Plater, As Many as 80 Percent of People with COVID-19 Aren’t Aware They Have the Virus, HEALTHLINE (MAY 28, 2020), https://cutt.ly/uyVOSi7 (“In [a Journal of the American Medical Association] study, researchers reported that 42 percent of people who tested positive for COVID-19 were without symptoms.”).
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among people who do not show symptoms, universal testing to identify to COVID-19 infections early—even among individuals experiencing no symptoms—and medically isolating all individuals infected with COVID-19 is key to preventing COVID-19 from spreading. Absent such universal testing, because COVID-19 spreads mainly from person to person contact, staying away from people is the best way to prevent contraction and spread. In other words, everyone, including officials at Broward County’s four jail facilities has to act as is if everyone has the disease.
49. Once contracted, COVID-19 can cause severe damage to lung tissue, including a permanent loss of respiratory capacity, and it can damage tissues in other vital organs, such as the heart and liver.44
50. People who are 50 years of age and older face a greater risk of serious illness or death from COVID-19.45 On February 28, 2020, a preliminary report showed that individuals age 50-59 had an overall mortality rate of 1.3%; 60-69-year-olds had an overall 3.6% mortality rate, and those 70-79 years old had an 8% mortality rate.46 In April, a study showed that rates of hospitalization for COVID-19 infections jumped significantly at age 50: while the hospitalization rate was 2.5% for adults aged 18-49, it was three times as high at 7.4%, for adults aged 50-64.47 In New York City, the epicenter of the COVID-19 pandemic in the United States, the death rate for the population 45-64 is 185 per 100,000, more than nine times higher than the death rate of 20
44 See Coronavirus Disease 2019 (COVID-19): Clinical Care Guidance, CTRS. FOR DISEASE CONTROL & PREVENTION (June 2, 2020), https://cutt.ly/etRPVRl. 45 Xianxian Zhao, et al., Incidence, Clinical Characteristics and Prognostic Factor of Patients with COVID-19: A Systematic Review and Meta-Analysis, MEDRXIV (Mar. 20, 2020), https://cutt.ly/etRAkmt. 46 Age, Sex, Existing Conditions of COVID-19 Cases and Deaths, WORLDOMETER (accessed June 4, 2020), https://cutt.ly/ytEimUQ (data analysis based on WHOChina Joint Mission Report). 47 Shika Garg et al., Hospitalization Rates and Characteristics of Patients Hospitalized with Laboratory-Confirmed Coronavirus Disease 2019 — COVID-NET, 14 States, March 1–30, 2020, 69 MORBIDITY & MORTALITY WKLY. R., 458, 459 (Apr. 17, 2020), available at https://cutt.ly/dyVT1tR.
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per 100,000 for those 18-44.48 In turn, a higher level of care is necessary to address the risk of
serious symptoms that accompanies the enormous hospitalization rate and higher overall mortality
rate of individuals over 50—especially individuals over 50 in incarceration. At an absolute
minimum, individuals over 50 should be checked for COVID-19 symptoms on a daily basis,
including daily temperature screening.
51. People of any age who suffer from certain underlying medical conditions, many of
which qualify as disabilities under the ADA and the Rehabilitation Act, face elevated risk. Such
conditions include lung disease, heart disease, chronic liver or kidney disease (including hepatitis
and dialysis patients), diabetes, hypertension, compromised immune systems (such as from
cancer, HIV, or autoimmune disease), blood disorders (including sickle cell disease),
developmental disorders, serious mental illness and moderate to severe asthma..49 Early reports
estimate that the mortality rate was 13.2% for those with cardiovascular disease, 9.2% for diabetes,
8.4% for hypertension, 8.0% for chronic respiratory disease, and 7.6% for cancer.50
48 COVID-19: Data, N.Y.C DEP’T HEALTH (accessed June 4, 2020), https://cutt.ly/fyVYjBH. 49 Coronavirus disease (COVID-19) advice for the public: Myth Bsters, WORLD HEALTH ORG., https://cutt.ly/dtEiCyc (“Older people, and people with pre-existing medical conditions (such as asthma, diabetes, heart disease) appear to be more vulnerable to becoming severely ill with the virus.”); Report of the WHO-China Joint Mission on Coronavirus Disease 2019 (COVID-19), WORLD HEALTH ORG. (Feb. 28, 2020), https://cutt.ly/xtEokCt (finding fatality rates for patients with COVID-19 and co-morbid conditions to be: “13.2% for those with cardiovascular disease, 9.2% for diabetes, 8.4% for hypertension, 8.0% for chronic respiratory disease, and 7.6% for cancer”); People Who Are at Higher Risk for Severe Illness, CTRS. FOR DISEASE CONTROL & PREVENTION (accessed June 5, 2020), https://cutt.ly/tyVVKf9; Safiya Richardson et al., Presenting Characteristics, Comorbidities, and Outcomes Among 5700 Patients Hospitalized With COVID-19 in the New York City Area, JAMA (Apr. 22, 2020), https://cutt.ly/LyVVZ8m (examining 5,700 persons hospitalized for COVID-19 and finding the most common comorbidities were hypertension (3,026; 56.6%), obesity (1,737; 41.7%), and diabetes (1,808; 33.8%)); People with Developmental and Behavioral Disorders, CTRS. FOR DISEASE CONTROL & PREVENTION, https://cutt.ly/PyVVVkk (“Some people with developmental or behavioral disorders may have difficulties accessing information, understanding or practicing preventative measures, and communicating symptoms of illness.”) CENTERS FOR DISEASE CONTROL, CS 316182-A, INTERIM GUIDANCE ON MANAGEMENT OF CORONAVIRUS DISEASE 2019 (COVID-19) IN CORRECTIONAL AND DETENTION FACILITIES (Mar. 27, 2020), https://cutt.ly/LyVWfed (“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.”). 50 Report of the WHO-China Joint Mission on Coronavirus Disease 2019 (COVID-19), supra note 49.
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52. In serious cases, COVID-19 causes acute respiratory disease syndrome (“ARDS”), which is life-threatening: even with proper medical care, individuals with ARDS have a 30% mortality rate.51 And even in non-ARDS cases, COVID-19 can severely damage lung tissue, which requires an extensive period of rehabilitation, and in some cases, cause permanent loss of breathing capacity.52 COVID-19 may also target the heart, causing a medical condition called myocarditis, or inflammation of the heart muscle. Myocarditis can reduce the heart’s ability to pump.53 This reduction can lead to rapid or abnormal heart rhythms in the short term, and heart failure limiting a person’s capacity to work and exercise in the long term.
53. COVID-19 can also trigger an over-response of the immune system and result in widespread damage to other organs, including permanent injury to the kidneys.54
54. 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.55
51 Letter from Faculty at Johns Hopkins School of Medicine, School of Nursing, and Bloomberg School of Public Health to Hon. Larry Hogan, Gov. of Maryland (Mar. 25, 2020) [hereinafter Letter from Faculty at Johns Hopkins], https://cutt.ly/stERiXk. 52 Panagis Galiatsatos, What Coronavirus Does to the Lungs, JOHNS HOPKINS MED. (Apr. 13, 2020), https://cutt.ly/PyVsWxP. 53 Erin Donnelly Michos, Can Coronavirus Cause Heart Damage?, JOHNS HOPKINS MED. (Apr. 24, 2020), https://cutt.ly/KyVsnmf. 54 C. John Sperati, Coronavirus: Kidney Damage Caused by COVID-19, JOHNS HOPKINS MED. (May 14, 2020), https://cutt.ly/EyVscWm. 55 See Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19), CTRS. FOR DISEASE CONTROL & PREVENTION, https://cutt.ly/etRPVRl.
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55. Younger and healthier people are not immune. Some who contract COVID-19 will have severe cases and require supportive care, which includes supplemental oxygen, positive pressure ventilation, and in extreme cases, extracorporeal mechanical oxygenation.56
56. The need for care, including intensive care, and the likelihood of death, is much higher from COVID-19 infection than from influenza.57 According to recent estimates, the fatality rate of people infected with COVID-19 is about ten times higher than a severe seasonal influenza, even in advanced countries with highly effective health care systems.58 For people in the highest risk populations, the mortality rate of COVID-19 infection is about 13.2 percent.
57. Patients who do not die from serious cases of COVID-19 may face prolonged recovery periods, including extensive rehabilitation from neurologic damage, loss of digits, and loss of respiratory capacity.59 At this early point, not all of the long-term effects of disease are known.
Incarcerated Persons Face Special Risks Due to COVID-19 58. Beyond the general public health risk presented by the COVID-19 pandemic, persons incarcerated at Broward County Jails and other correctional facilities face a particularly acute threat of infection, illness, permanent injury, and death.
56 Lara S. Shekerdemian, Nabihah R, Mahmood, Katie K., et al., Characteristics and Outcomes of Children with Coronavirus Disease 2019 (COVID-19) Infection Admitted to US and Canadian Pediatric Intensive Care Units, JAMA PEDIATRICS (May 11, 2020). 57 Lisa Lockerd Maragakis, Coronavirus Disease 2019 vs. the Flu, JOHNS HOPKINS MED. (updated June 2, 2020), https://cutt.ly/FyVdXWN. 58 Rachael Rettner, COVID-19 Is Killing 20 Times More People Per Week Than the Flu Does, New Paper Says, LIVESCIENCE, (May 14, 2020 https://cutt.ly/8yVS5O9; Betsy McKay, Coronavirus vs. Flu: Which Virus is Deadlier?, WALL STREET J. (Mar. 10, 2020), https://cutt.ly/itEmi8j. 59 Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19), supra note 55.
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59. As of June 4, 2020, there are 60,8183 confirmed cases of COVID-19 in Florida,
with 7,462 confirmed cases in Broward County.60 As of the same date, there have been 2,607
confirmed deaths from COVID-19 in Florida, with 325 in Broward County.61 As of May 27, 2020,
there were 52 documented cases of COVID-19 among detainees in Broward County Jails, and 106
documented cases of COVID-19 among BSO employees. The true number is much likely higher
given the limited and inadequate testing at the facility.
60. As public health authorities and the CDC have recognized, people in congregate
environments, which are places where people live, eat, and sleep in close proximity, face increased
danger of contracting COVID-19.62 This is evidenced by the rapid spread of the virus on cruise
ships63 and in nursing homes.64 People who are confined in prisons, jails, and detention centers
may not be able to engage in the necessary social distancing and hygiene required to mitigate the
risk of transmission, due to the acts and omissions of their jailers.65 Prisoners typically live in
small cells with multiple cellmates, who sleep on bunks within a few feet from one another and
share toilets and sinks that they do not have cleaning supplies to sanitize. Outside of those cells,
prisoners are often required to shower within six feet of one another. Such conditions have caused
60 Florida COVID-19 Dashboard, FLA. DEP’T OF HEALTH (accessed June 4, 2020), https://cutt.ly/7yVgURO. 61 Id. 62 See COVID-19 Guidance for Shared or Congregate Housing, CTRS. FOR DISEASE CONTROL & PREVENTION (Apr. 25, 2020), https://cutt.ly/kyVjLJq. 63 The CDC is currently recommending that travelers defer cruise ship travel worldwide. “Cruise passengers are at increased risk of person-to-person spread of infectious diseases, including COVID-19[.]” COVID-19 and Cruise Ship Travel, CTRS. FOR DISEASE CONTROL & PREVENTION, https://cutt.ly/7tEEQvT. 64 The CDC notes that long-term care facilities and nursing homes pose a particular risk because of “their congregate nature” and the residents served. Preparing for COVID-19 in Nursing Homes, CTRS. FOR DISEASE CONTROL & PREVENTION (updated May 19, 2020), https://cutt.ly/7tEEITH. As of June 1, 2020, at least 26,000 nursing home residents had died from COVID-19 and more than 60,000 had tested positive for COVID-19. See Ina Jaffe, Nearly 26,000 Nursing Home Residents Have Died from COVID-19, Federal Data Show, NPR (June 1, 2020), https://cutt.ly/4yVkhVV. 65 See Matthew J. Akiyama, et al., Flattening the Curve for Incarcerated Populations—Covid-19 in Jails and Prisons, NEW ENG. J. MED. (Apr. 2, 2020), https://cutt.ly/FyVkGRi (noting that “social distancing is extremely challenging in [correctional facility] settings”).
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dramatic outbreaks in, among other places, the Trousdale Turner Correctional Center in Hartsville, Tennessee,66 the California Institution for Men in Chino, California, 67 the Cook County Jail68 and
Rikers Island in New York City, where the transmission rate for COVID-19 was for a time estimated to be the highest in the world.69 The CDC also warns of “community spread,” which occurs when the virus is transmitted easily and sustainably within a community.70 Correctional
settings further increase the risk of contracting COVID-19 due to the high number of people with
chronic, often untreated, illnesses housed in a setting with minimal levels of sanitation, limited
access to personal hygiene, limited access to medical care, presence of many high-contact surfaces, and difficulties in social distancing.71
61. Correctional facilities typically house large groups of people together, and move people in groups to eat, recreate, and go to court.72 They frequently have insufficient medical care for the population even outside times of crisis.73 Hot water, soap, and paper towels are often in
limited supply. Cleaning supplies with ingredients powerful enough to kill viruses, such as bleach
and alcohol-based sanitizer, are often banned. Incarcerated people, rather than professional
66 TENN. GOVERNOR’S OFFICE, COVID-19 UNIFIED COMMAND GROUP TO LAUNCH MASS TESTING STRATEGY OF STATE’S PRISON POPULATION AND STAFF—TROUSDALE TURNER CORRECTIONAL CENTER YIELDS 1,246 POSITIVE CASES (May 1, 2020), available at https://cutt.ly/dyVkNxs. 67 California Institution for Men Has 6th Virus-Related Death, S.F. CHRON. (May 19, 2020), https://cutt.ly/0yVzzj9. 68 Sam Kelly, 134 Inmates at Cook County Jail Confirmed Positive for COVID-19, CHI. SUN-TIMES (Mar. 30, 2020), https://cutt.ly/6tYTqi5. 69 See Analysis of COVID-19 Infection Rate in NYC Jails, supra note 23. 70 Coronavirus Disease 2019 (COVID-19): Public Health Recommendations for Community-Related Exposures, CTRS. FOR DISEASE CONTROL & PREVENTION (last reviewed Mar. 30, 2020), https://cutt.ly/1yVcHEt. 71 Letter from Faculty at Johns Hopkins, supra note 51; Akiyama et al., supra note 65. (noting that inmates in correctional facilities have “limited ability to protect themselves” from COVID-19 and that a number of factors increase the risk of poor outcomes for prisoners who contract COVID-19 infection). 72 See, e.g., Nathalie Baptiste, Correctional Facilities Are the Perfect Incubators for the Coronavirus, MOTHER JONES (Mar. 6, 2020), https://cutt.ly/GtRSi3e. 73 See, e.g., Steve Coll, The Jail Health-Care Crisis, NEW YORKER (Feb. 25, 2019), https://cutt.ly/ftERHNg.
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cleaners, are responsible for cleaning the facilities.74 They are often not given appropriate supplies,
and cannot clean frequently used areas—such as showers, toilets, sinks, and phones—between
each use.
62. Outbreaks of the flu regularly occur in jails, and during the H1N1 epidemic in 2009,
those incarcerated in jails and prisons suffered a disproportionately high number of cases.75
63. Numerous public health experts, including Dr. Gregg Gonsalves,76 Ross
MacDonald,77 Dr. Marc Stern,78 Dr. Oluwadamilola T. Oladeru and Adam Beckman,79 Dr. Anne
Spaulding,80 Dr. Homer Venters,81 the faculty at Johns Hopkins schools of nursing, medicine, and
public health,82 and Josiah Rich83 have all strongly cautioned that people booked into and held in
jails are likely to face serious, even grave, harm due to the outbreak of COVID-19.
74 See, e.g., Wendy Sawyer, How Much Do Incarcerated People Earn in Each State?, PRISON POL’Y INITIATIVE, (Apr. 10, 2017), https://cutt.ly/qtER2bh (noting that “custodial, maintenance, laundry” and “grounds keeping” are among the most common jobs for incarcerated people); N.C. Dep’t of Corr., North Carolina Prison Inmates at Work, available at https://cutt.ly/jtERCbb (noting that cleaning the grounds and facilities is one of the jobs of incarcerated persons in North Carolina). 75 This H1N1 “swine flu” pandemic outbreak spread dramatically in jails and prisons in 2010, but that strain of virus had a low fatality rate because of the characteristics of the virus—COVID-19’s fatality rate is far higher. David M. Reutter, Swine Flu Widespread in Prisons and Jails, but Deaths Are Few, PRISON LEGAL NEWS (Feb. 15, 2010), https://cutt.ly/ytRSkuX. Unlike COVID-19, the H1N1 flu disproportionately infected and killed younger people— between the ages of 20 and 40—likely because elderly individuals had been exposed to a related H1N1 influenza virus in the late 1950s which conferred pre-existing immunity. David Fishman, Older Age and Reduced Likelihood of 2009 H1N1 Virus Infection, NEW ENG. J. MED. (Nov. 12, 2009). 76 Kelan Lyons, Elderly Prison Population Vulnerable to Potential Coronavirus Outbreak, CONN. MIRROR (Mar. 11, 2020), https://cutt.ly/WyVQqnN. 77Craig McCarthy & Natalie Musumeci, Top Rikers Doctor: Coronavirus ‘Storm Is Coming,’ N.Y. POST (Mar.19, 2020), https://cutt.ly/ptRSnVo. 78 Marc F. Stern, Washington State Jails Coronavirus Management Suggestions in 3 “Buckets,” WASH. ASS’N SHERIFFS & POLICE CHIEFS (Mar. 5, 2020), available at https://cutt.ly/CyVQQS2. 79 Oluwadamilola T. Oladeru, Adam Beckman & Gregg Gonsalves, What COVID-19 Means for America’s Incarcerated Population – And How To Ensure It’s Not Left Behind, HEALTH AFFAIRS (Mar. 10, 2020), https://cutt.ly/QtRSYNA. 80 Anne C. Spaulding, Coronavirus COVID-19 and the Correctional Facility, EMORY CTR. FOR HEALTH INCARCERATED PERSONS (Mar. 9, 2020), available at https://cutt.ly/wyVQKRI. 81 Madison Pauly, To Arrest the Spread of Coronavirus, Arrest Fewer People, MOTHER JONES (Mar. 12, 2020), https://cutt.ly/jtRSPnk. 82 Letter from Faculty at Johns Hopkins, supra note 51. 83 Amanda Holpuch, Calls Mount To Free Low-Risk US Inmates To Curb Coronavirus Impact on Prisons, GUARDIAN (Mar. 13, 2020), https://cutt.ly/itRSDNH.
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64. Because of the extraordinary risk of transmission of COVID-19 in jails and prisons, the CDC has issued specific guidance for dealing with correctional and detention facilities, including local jails (the “CDC Guidelines”).84 The initial CDC Guidelines were published on March 27, 2020, and acknowledge that incarcerated people are forced to exist “within congregate environments” that “heighten[] the potential for COVID-19 to spread once introduced[,]” especially given that “[t]here are many opportunities for COVID-19 to be introduced into a correctional or detention facility,” including “daily staff ingress and egress” as well as “high turnover” of “admit[ted] new entrants.” In light of these concerns, the CDC Guidelines recommend that detention facilities “explore strategies to prevent over-crowding of correctional and detention facilities during a community outbreak.” On May 6, 2020, after 86% of jurisdictions reported at least one laboratory-confirmed case of COVID-19 from a total of 420 correctional and detention facilities, the CDC published a report on COVID-19 in Correctional and Detention Facilities — United States, February–April 2020. The Report advises that “[p]rompt identification of COVID19 cases and consistent application of prevention measures, such as symptom screening and quarantine, are critical to protecting incarcerated and detained persons and staff members” and provided further guidance to correctional and detention facilities.85 The CDC Guidelines also recommend a number of steps that correctional facilities can take to at least somewhat mitigate the risk of the spread of the virus.86 These include:
a. Perform pre-intake screening and temperature checks for all new entrants, “enforce increased space between individuals” in waiting areas during intake,
84 CTRS. FOR DISEASE CONTROL & PREVENTION, supra note 49. 85 Centers for Disease Control & Prevention, COVID-19 in Correctional and Detention Facilities — United States, February–April 2020, MORBIDITY & MORTALITY WKLY. REP. (May 6, 2020), https://cutt.ly/4yVWTOE. 86 CTRS. FOR DISEASE CONTROL & PREVENTION, supra note 49.
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and “consider quarantining all new intakes for 14 days before they enter the facility’s general population”; b. Adopt and enforce social distancing strategies to increase space between individuals, including by rearranging bunking to ensure that beds are at a minimum six feet apart in all directions, increasing space in lines and waiting areas, staggering meals and rearranging seating so that detainees are sitting on only one side of the table and are separated with adequate space; c. Avoid unnecessary movements of inmates and staff, including by “rearrang[ing] scheduled movements to minimize mixing of individuals from different housing areas” and ““restricting movement in and out of the facility”; d. Implement “intensified cleaning and disinfecting procedures” that clean and disinfect high-touch surfaces and objects “[s]everal times per day,” and “[e]nsure adequate supplies to support intensified cleaning and disinfection practices”; e. “[E]nsure that incarcerated/detained individuals receive medical evaluation and treatment at the first signs of COVID-19 symptoms,” including an evaluation “to determine whether COVID-19 testing is indicated”; f. Suspend co-pays for incarcerated people seeking medical evaluation for respiratory symptoms; g. Ensure sufficient stocks of hygiene and cleaning supplies, no-cost access to soap (liquid soap where possible), including tissues; paper towels; alcoholbased hand sanitizer; cleaning supplies effective against the coronavirus; and
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recommended personal protective equipment like face masks, disposable medical gloves, and N95 respirators; h. Provide “clear information” to inmates and staff about COVID-19, including by posting signage throughout the facility communicating COVID-19 symptoms, proper procedures for prisoners/staff experiencing symptoms, and hand hygiene instructions, educating inmates/staff about the presence of COVID-19 cases within a facility and the need to increase social distancing and maintain hygiene precautions, and training staff on “the need to enforce social distancing and encourage hygiene precautions”; i. Medically isolate confirmed and suspected cases of COVID-19—as soon as an individual exhibits symptoms of COVID-19—and quarantine of contacts for 14 days; j. Evaluate ill persons for underlying medical conditions that would increase their risk for severe illness from COVID-19 and “be especially mindful of cases who are at higher risk of severe illness from COVID-19.” 65. Around the country, prisons, jails, and detention centers have recognized the grave risks posed by COVID-19 to prisoners, staff, and the surrounding communities, and have implemented protective measures to address this risk. Among the most important has been to offer universal testing to all prisoners and staff, so that infected persons can be medically isolated, treated, and removed from general population units where they can easily infect others. Equally
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important, these correctional and detention facilities have released prisoners from custody to reduce overcrowding, with a focus on those who are most vulnerable to COVID-19.87

Defendant Has Knowingly Failed to Adopt and Implement Adequate Policies and Procedures to Prevent and Mitigate the Spread of COVID-19.

66.

Defendant Tony is well aware of the substantial risks his inadequate

response to the corona virus, including his failure to follow CDC and public health guidelines,

causes to the prisoners in his custody and care. . Though Defendant Tony and BSO have

repeatedly acknowledged the severity of COVID-19 and claimed to follow CDC and public

health guidelines, the Jail’s facilities have systematically and continuously failed to do so.

Defendant Tony has been repeatedly notified about the ongoing hazards and conditions of

confinement that promote the spread of COVID-19 at the Jail, the particular and life-threatening

risk those hazards and conditions pose to medically vulnerable persons confined at the Jail, and

remedial actions he should take to address these risks. He has disregarded these risks.

67. As detailed above, the Florida Department of Health, the Governor of

Florida and the President of the United States have issued repeated declarations acknowledging

the deadly risks of COVID-19. On April 7, 2020, Defendant Tony released a statement claiming

that employees were following CDC Guidelines in response to COVID-19 concerns. That same

day, a Broward County prisoner died from COVID-19.88 On April 10, in response to a letter from

the Broward County Public Defender’s office, the General Counsel of the BSO released a letter

claiming that it was following CDC Guidelines for screening as well as for informing prisoners

87 Responses to the COVID-19 Pandemic, supra note 28 (“Jails and prisons house large numbers of people with chronic diseases and complex medical needs who are more vulnerable to COVID-19.”). 88 Amanda Batchelor & Ian Margol, Inmate Diagnosed with Coronavirus Had Emergency Motion Filed for Release Prior to his Death, LOCAL10 (Apr. 9, 2020), https://cutt.ly/jyV1Oi4.
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about COVID-19. On April 24, 2020, Federation of Public Employees Safety Committee Department of Detention sent a letter to BSO, speaking on behalf of the corrections officers, complaining of conditions within the Broward County Jails that contribute to the risk of transmission of the virus, including, for example: (a) unnecessary non-emergency regular transferring of prisoners between facilities and across unites within individual facilities; (b) lack of adequate PPE for staff; (c) lack of information being shared with the staff about COVID-19 in the Broward County Jails; (d) lack of adequate uniform cleaning protocols for common spaces within Broward County Jails; and (e) failure to accommodate staff who have been exposed to COVID-19’s requests for COVID-19 testing. On May 11, 2020, Disability Rights Florida sent a letter to Defendant Tony and BSO, describing ongoing COVID-19 hazards at the Broward County Jails, and demanding he take certain actions to protect prisoners with disabilities from COVID19.Yet, to this day, Broward County Jails have failed to implement policies and procedures to adequately address the risk of harm posed by COVID-19. Defendant Tony’s acts and omissions have placed prisoners in the Broward County Jails at a significant and unnecessary heightened risk of infection, severe illness, and/or death despite having received the above specific warnings of this risk and despite widespread knowledge of the highly contagious nature of COVID-19 and the severe consequences of infection, especially among older people and people with underlying health and medical conditions.
68. Defendant Tony’s failure to adopt and implement adequate policies and procedures was done knowingly and/or recklessly. Those failures include the following:
Hazardous Intake Processes and Conditions. 69. In any correctional facility, the booking area presents a high-risk area for the transmission of infectious diseases. It is the area where newly arrested prisoners are first admitted
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to the jail. They may come into the facility already infected, and capable of infecting others. Therefore, it is critical that the booking area and process account for this risk of transmission of COVID-19. The Broward County Jails describe the booking process as involving property intake, medical screening, fingerprinting, photographing, and warrants check, followed by an appearance in Magistrate Court the next day for prisoners who have not bonded out.89 Yet the BSO has instituted inadequate procedures to minimize the risk of spread of COVID-19 during this booking process, when prisoners and staff are in close quarters for a significant duration of time.
70. Defendant Tony and the Broward County Jails have not implemented adequate steps to require social distancing or otherwise minimize the spread of COVID-19 during the booking process. Not surprisingly, prisoners report spending significant time, up to hours, waiting shoulder to shoulder with fellow prisoners in cramped holding areas at intake—all while provided neither personal protective equipment nor information or education as to how to socially distance or minimize the risk of spread.
71. The CDC Guidelines lay out specific questioning that jails should use during this process.90 The CDC Guidelines also state that “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).”91
72. While the Broward County Jails have outlined a basic policy for intake screening (screening for fever, lower respiratory illness, cough, shortness of breath, recent travel to affected countries, and close contract to someone suspected or tested positive for COVID 19), the policy is
89 Additional Information – Intake & Release Process, BROWARD SHERIFF’S OFF. (accessed June 4, 2020), https://cutt.ly/IyVTlud. 90 CTRS. FOR DISEASE CONTROL & PREVENTION, supra note 49. 91 CTRS. FOR DISEASE CONTROL & PREVENTION, supra note 49.
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not specific about how screening should be conducted. Moreover, the policy does not cover the full range of symptoms associated with the virus, which also include tiredness, muscle aches, chills, loss of taste or smell, headache, or chest pain; as well as less common symptoms including rash, nausea, vomiting, and diarrhea.92 Moreover, Defendant Tony and the Broward County Jails are flouting the basic principle (encapsulated in public health and CDC Guidelines) to cohort new entrants for 14 days in order to minimize the risk of any introduction of the disease into the general population.
73. Worse, notwithstanding these inadequate policies on screening, Broward County Jails routinely fail to perform even these basic pre-intake screening and temperature checks for new entrants. Prisoners are often not asked if they have symptoms and have reported not having their temperature taken during initial booking or transfer to other facilities. This failure to properly screen and cohort new entrants has continued well into the month of May, more than two months after the state of Florida and Broward County declared a state of emergency and nearly two months since the CDC issued guidance specifically directing such screening.
74. Symptom screening alone is ineffective to identify all those who are newly booked and COVID-19 infected. Up to one in three persons who are infected will be asymptomatic. They are, however, capable of infecting others despite not having symptoms. As newly admitted persons may be infected at the time of booking, but asymptomatic, they must be tested to reduce the risk of both their introducing infection into the Jail, and of being infected and in need of treatment. Sheriff Tony has failed to institute testing for all newly admitted prisoners.
92 Coronavirus Disease 2019 (COVID-19) – Symptoms and Causes, MAYO CLINIC (accessed June 4, 2020), https://cutt.ly/RyVTJFu; Coronavirus Disease 2019 (COVID-19) – Symptoms of Coronavirus, CTRS. FOR DISEASE CONTROL & PREVENTION (last reviewed May 13, 2020), https://cutt.ly/byVTCfo.
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Insufficient Social Distancing. 75. The need for social distancing, and to remain at least six feet from other persons, is well understood. The CDC Guidelines recommend:
● 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[.]93
Remarkably, the Investigations and Projects Union (IPU) Bulletins (official policies distributed to jail staff) for COVID-19 do not provide any policy or guidance as to social distancing.
76. Despite ubiquitous guidance as to the importance of social distancing, the BSO holds prisoners in conditions that prevent it. Prisoners sleep in beds less than six feet from other prisoners, and sometimes sleep less than a few feet from one another. Many prisoners eat their meals in their cells with other prisoners and share a toilet and sink. It appears that prisoners are not being spread out to maximize social distancing. Although the jail itself is at roughly 65% capacity overall, prisoners are nevertheless bunked together in units that are nearly full, completely full, or beyond capacity. Many prisoners are in multiple-person cells holding up to six people. Some are in bays that not only have multiple persons per cell, but the bays themselves are separated by low walls only. Prisoners have been placed on extended lockdown in two-man cells, where they cannot protect themselves with social distancing while in their cells. While social distancing
93 See id.
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is much more difficult in the jail setting, many of these conditions are imposed by the Sheriff and could be remedied.
77. In addition, social distancing is not practiced in the common areas of the jail due to BSO’s management of the housing units. Prisoners frequently congregate together in groups in common areas where it is either impossible to social distance because of the numbers of prisoners who are in those units, space limitations and how furniture and amenities (kiosks, video modules, phone) are spaced, or where social distancing is not enforced by the staff. As inmates have repeatedly observed, sergeants coming to the units require social distancing, but the regular staff do not. Moreover, in large units, six to eight prisoners may be in the shared bathroom at the same time.
78. Social distancing is also not practiced among staff members when interacting with other staff or when interacting with inmates.
79. The BSO fails to effectuate proper social distance when transporting prisoners to different facilities, or placing them in common areas, such as the medical area and holding tanks. As recently as May 20, 2020, 20 to 25 prisoners were crammed together in a single elevator while exiting the jail to be transferred and each prisoner was cuffed to another prisoner sitting in the same seat in the transfer vehicle.
80. The BSO’s prisoner movement practices, which fail to implement social distancing, increase the risk of facility-to-facility and unit-to-unit transmission. This also includes “banded” trustees, who move from unit to unit within their facility.
81. Notably, Defendant Tony could facilitate social distancing by spreading prisoners out more into currently unused cells, units or even facilities. While some housing units are operating near, at, or even above capacity (with prisoners sleeping on mattresses in hard plastic
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cells in unit dayroom floors), other units designated for prisoners of the same custody level are operating well below capacity. Moreover, there is a jail facility, which is not being used currently to house prisoners. In 2009, the Stockade, which housed 430 prisoners, was closed, reducing the number of Broward County Jail facilities from five to four.94 In 2014, then-BSO Capt. Scott Russell acknowledged that the facility “could be easily reactivated for jail overflow.”95 According to the Broward County Commission’s Housing Committee, “[t]he design of the stockade is to house the jail overflow, especially during crisis or emergency needs.”96 And, as Assistant County Administrator Alphonso Jefferson stated in an affidavit for another case, “[t]he Stockade is available as a contingency jail facility in the event more jail space is needed, as authorized by the Broward County Commission.”97 Although the Stockade could provide extra space to help facilitate the CDC and public health authority-recommended social distancing for Broward County prisoners and reduce the risk of spread of COVID-19 among the prison population and staff during this emergency, it is not being utilized during the COVID-19 pandemic to expand available bed space for the current jail population.
94 Brittany Wallman, Jail Wing Closing; Where Did the Inmates Go?, SUN SENTINEL (June 1, 2010), https://cutt.ly/JyVSpnG. 95 Brittany Wallman, County Rejects Proposed Homeless Shelter at Stockade, SUN SENTINEL (Mar. 11, 2015), https://cutt.ly/RyVSdnx. 96 Broward Housing Counsel, Meeting Minutes (June 23, 2017), available at https://cutt.ly/xyVAiUE. 97 Affidavit of Alphonso Jefferson, George S. Jonas v. Edward E. Stack et al., 76-cv-06086 (S.D. Fla. Aug. 31, 2015).
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98
98 Broward County Stockdale, https://rs.locationshub.com/location_detail.aspx?id=056-10059097&photopage=5 (accessed June 4, 2020).
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82. Defendant Tony has not publicly sought to re-open this facility so it could be used to allow prisoners to protect themselves from COVID-19, and its potentially lethal consequences, by social distancing.
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Insufficient Testing. 83. Because individuals can spread COVID-19 to others before they experience any symptoms,99 universal testing to identify to COVID-19 infections early—even among individuals experiencing no symptoms—and medically isolating all individuals infected with COVID-19 is essential to preventing COVID-19 from spreading. 84. As of May 27, 2020, BSO has only tested 216 prisoners. This represents less than 10% of the current population, and an even lower percentage of the total population that has been held at the jail since the pandemic began. Broward County Jails have neither implemented adequate testing nor adopted adequate procedures to isolate confirmed and suspected cases. Testing has been delayed or denied, even to detainees with symptoms or who were in contact with confirmed cases. Prisoners fear reprisal for asking to be tested or notifying staff that they have COVID-19 symptoms because prisoners have experienced retaliation for doing so. 85. Broward County Jails have not only failed to provide staff with testing for COVID19 after exposure to a prisoner who tested positive for COVID-19, they have forced staff to use their personal sick time to go and get tested in such circumstances. The jail does not offer free testing to all staff members upon request. 86. Other prison systems throughout the country have recognized the particular risks to prisoners and staff alike of COVID-19 spread and offered universal or mass testing of all prisoners
99 Xi He, et al., Temporal Dynamics in Viral Shedding and Transmissibility of COVID-19, NATURE MED. (Apr. 15, 2020), available https://cutt.ly/zyVBAKQ (concluding that concluded that people with no symptoms are the source of 44 percent of diagnosed COVID-19 cases); Alvin J. Ing, et al., COVID-19: In the Footsteps of Ernest Shackleton, THORAX (May 27, 2020), available https://cutt.ly/LyVBHO5 (reporting that 104 of 128 people (81 percent) on a cruise ship who tested positive the novel coronavirus were asymptomatic); Rongrong Yang, et al., Comparison of Clinical Characteristics of Patients with Asymptomatic vs Symptomatic Coronavirus Disease 2019 in Wuhan, China, JAMA (May 27, 2020), available https://cutt.ly/8yVBMA7 (reporting that 42 percent of people who tested positive for COVID-19 were without symptoms).
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in correctional facilities.100 The results of their testing initiatives show the necessity of broad testing of all individuals in correctional facility environments, rather than just those presenting symptoms. The Tennessee Department of Corrections (“TDOC”) began testing all prisoners and all staff on May 1, 2020.101 The TDOC found that 98% of individual prisoners or staff who tested positive for COVID-19 were asymptomatic.102 Similarly, when North Carolina’s Neuse Correctional Institution instituted a policy of testing all prisoners, over 57% of the prisoners tested positive for COVID-19 and the Department of Public Safety found that the vast majority of prisoners infected with COVID-19 were asymptomatic or pre-symptomatic at the time of testing.103 In Louisiana, two-thirds of the prisoners who tested positive for COVID-19 at the Elayn Hunt Correctional Center had no symptoms.104 The Department of Rehabilitation and Corrections in Ohio (“Ohio DOC”) began mass testing of prisoners in the state on April 11, 2020, resulting in 4,000 prisoners testing positive for COVID-19.105 As in Tennessee, the Ohio DOC emphasized the importance of testing asymptomatic individuals, noting that “[b]ecause we are testing everyone – including those who are not showing symptoms - we are getting positive test results on individuals who otherwise would have never been tested because they were asymptomatic.”106 Testing based solely on the presentation of symptoms such as a fever likely misses the vast
100 These Prisons Are Doing Mass Testing For COVID-19—And Finding Mass Infections, MARSHELL PROJECT (Apr. 24, 2020), https://cutt.ly/PyVALg2 (accessed on June 4, 2020). 101 TENN. GOVERNOR’S OFFICE, supra note 66. 102 Id. 103 Jordan Wilkie, NC Closes Prison, Sends Staff To Combat Neuse Outbreak, CAROLINA PUB. PRESS (Apr. 21, 2020), https://cutt.ly/ayVA4S5. 104 Associated Press, At Louisiana Prison, 192 out of 195 Inmates Test Positive for COVID-19, MARKETWATCH (May 5, 2020), https://cutt.ly/hyVA5K4. 105 Josiah Bates, Ohio Began Mass Testing Incarcerated People for COVID-19. The Results Paint a Bleak Picture for the U.S. Prison System, TIME (Apr. 22, 2020), https://cutt.ly/gyVSwSh. 106 COVID-19 Inmate Testing, OHIO DEP’T OF REHABILITATION & CORRECTION (updated Apr. 19, 2020), available https://cutt.ly/hyVSyBF.
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majority of positive COVID-19 cases in correctional facilities, making it impossible to identify and thus isolate prisoners infected with COVID-19, or to initiate timely treatment for them.
87. In its Report on COVID-19 in correctional facilities, the CDC emphasized that “symptom screening alone is inadequate to promptly identify and isolate infected persons in congregate settings such as correctional and detention facilities[,]” pointing to data from nursing homes which found the majority of those confirmed positive from “facility wide testing were among asymptomatic and pre-symptomatic persons, who likely contributed to transmission.”107 Accordingly, as testing becomes “more widely available” it also becomes “an important strategy” for correctional facilities to use to prevent and limit COVID-19 transmission.108
88. As of May 17, 2020, in Florida, “tests are averaging about half the statewide capacity of 30,000 per day.”109 And according to Jared Moskowitz, director of Florida’s Division of Emergency Management, despite the state’s attempts to improve access in an attempt to have more people get tested, “less and less people are coming to these sites, and we’ve seen that decline in the numbers.” Even as recently as June 1, 2020, Florida “typically only [has] demand for about half” their testing capacity.110 As testing in Florida is becoming “more widely available,” correctional facilities throughout Florida—including Broward County—must make use of this important strategy like multiple other prison systems throughout the country have.
107 CTRS. FOR DISEASE CONTROL & PREVENTION, supra note 49. 108 Id. 109 Steve Thompson, Juliet Eilperin & Brady Dennis, As Coronavirus Testing Expands, a New Problem Arises: Not Enough People to Test, WASH. POST (May 17, 2020), https://cutt.ly/jyVSlGg. 110 John Kennedy, As Second Month of Reopening Begins, Florida Coronavirus Testing Still Falls Short, HERALD TRIBUNE (June 1, 2020), https://cutt.ly/zyVScrw.
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Lack of Information and Education. 89. Public health authorities and the CDC have made clear that education of both staff and detainees is critical to help prevent the spread of COVID-19. However, Broward County Jails have failed to provide the basic information about COVID-19 prevention recommended by the CDC and public health authorities to all detainees. Some of the Plaintiffs have been left to try to discover how to protect themselves from COVID-19 based on intermittently available news coverage. Some Plaintiffs had not received information from the Broward County Jails about COVID-19 even after they themselves had started to develop symptoms. This is the case even for medically vulnerable prisoners, who face a significantly increased risk of serious medical complications from exposure to COVID-19. Nor have Defendant Tony and BSO taken steps to ensure that prisoners with mental or intellectual disabilities are educated about the disease and able to take the steps necessary to protect themselves. In fact, a detainee who told a nurse he was feeling feverish, experiencing coughing and body aches was told that those were not symptoms of COVID-19. Lack of Personal Protective Equipment (PPE) and Cleaning Supplies. 90. Contrary to public health authorities and the CDC’s guidelines, Broward County Jails have failed to provide staff with adequate PPE and to require the use and regular replacement of such equipment. They have likewise failed to train both staff and detainees how to adequately use PPE. 91. Detainees are generally denied access to adequate PPE, even upon request. Most detainees did not begin to receive masks until near mid-April, but were not trained how to effectively use their masks upon receipt and some have never been trained how to do so. Moreover, the masks distributed to detainees are meant to be single use—in addition to being
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flimsy and prone to breaking—but detainees are expected to reuse the same single use mask day after day and cannot receive a replacement if broken. Many prisoners have to reuse the same onetime use masks for two weeks or even a month. Prisoners also are not being given gloves.
92. The CDC Guidelines also recommend111 that jails consider relaxing their normal bans on alcohol-based hand sanitizer, given the general CDC recommendation that hand sanitizer be used to help prevent the spread of COVID-19. Notwithstanding this recommendation, Defendant Tony and Broward County Jails continue to deny prisoners the ability to use alcoholbased hand sanitizer. The lack of hand sanitizer is compounded by the fact that most prisoners are not given an adequate supply of soap. Prisoners are similarly being denied adequate cleaning supplies they could use to sanitize their cells and the common areas they must use, such as the showers and phones. The trustees who are responsible for cleaning common areas are not given enough supplies to ensure they are able to disinfect commonly-used surfaces. And regardless of supplies, trustees only clean high-touch surfaces once or twice per day, which is inadequate for areas that are being constantly touched by detainees—like phones and video kiosks. In some units, prisoners are given these same supplies to clean their own cells with the same supplies already used by trustees to wipe down the common areas, with no disinfecting of the supplies in between.
93. Even after Broward County Jails had multiple confirmed positive COVID-19 cases among detainees and staff, they have still failed to enforce adequate policies for disinfecting surfaces to prevent the spread of the virus.
111 CTRS. FOR DISEASE CONTROL & PREVENTION, supra note 49.
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Lack of Appropriate Safeguards Employed After Suspected and Known Infected Persons are Identified. 94. Defendant Tony and the BSO have failed to isolate suspected positive cases of COVID-19. BSO has failed to monitor prisoners’ symptoms and isolate symptomatic prisoners timely. This failure exposes other prisoners and staff within close proximately of the symptomatic prisoner to increased risk of contracting COVID-19. 95. Defendant Tony and the BSO have transported symptomatic suspected cases from facility to facility without proper precautions, disinfection, preparation, or notification to sending facility. 96. Defendant Tony and the BSO have allowed symptomatic prisoners to continue their trustee roles, traveling between units and exposing increased numbers of prisoners to the risk of contracting COVID-19. 97. Defendant Tony and the BSO have failed to conduct contact investigations and quarantine persons in close contact with symptomatic and suspected cases. BSO has failed to keep quarantined persons together in cohorts for 14 days and has instead been moving close contacts from a single potential infection source to different units or facilities without testing, thus exposing others to a risk of transmission. 98. Defendant Tony and the BSO have failed to timely test those who are symptomatic and likewise failed to timely test those with close contact to suspected/known cases. 99. Further, BSO does not clean the cells or units of symptomatic prisoners or prisoners who have tested positive for COVID-19 after they were removed from their cell and units.
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Because of the Unique and Grave Risks they Face, the Medically Vulnerable Subclasses Cannot Continue to Be Safely Detained. 100. Because COVID-19 poses a threat of severe illness, if not death, to the Medically
Vulnerable Class, and particular circumstances present at the Broward County Jails that make
further spread of the disease highly likely, no set of conditions can adequately protect members of
this class. For this reason, public health experts recommend the rapid release from custody of people most vulnerable to COVID-19.112 Release protects the people with the greatest
vulnerability to COVID-19 from transmission of the virus, and also allows for greater risk mitigation for people held or working in a jail and the broader community.113 Release of the most
vulnerable people from custody also reduces the burden on the region’s health care infrastructure
by reducing the likelihood that an overwhelming number of people will become seriously ill from COVID-19 at the same time.114
101. Across the United States, jail administrators, including in Cuyahoga County, Ohio115; San Francisco, California116; Jefferson County, Colorado117; three Alabama counties118;
112 See Akiyama et al., supra note 65 (urging prisons to “decarcerat[e], or releas[e], as many people as possible, focusing on those who are least likely to commit additional crimes, but also on the elderly and infirm” in order “to flatten the curve of Covid-19 cases among incarcerated populations” and “limit the impact of transmission both inside correctional facilities and in the community”). 113 Id. 114 Id. (explaining that releasing medically vulnerable prisoners will, among other things, “reduce the burden on the correctional system in terms of stabilizing and transferring critically ill patients, as well as the burden on the community health care system to which such patients will be sent.”) 115 Scott Noll, Cuyahoga County Jail Releases Hundreds of Low-Level Offenders To Prepare for Coronavirus Pandemic, NEWS 5 CLEVELAND (Mar. 20 2020), https://cutt.ly/CtRSHkZ. 116 Megan Cassidy, Alameda County Releases 250 Jail Inmates Amid Coronavirus Concerns, SF to Release 26, S.F. CHRON. (Mar. 20, 2020), https://cutt.ly/0tRSVmG. 117 Jenna Carroll, Inmates Being Released Early from JeffCo Detention Facility Amid Coronavirus Concerns, KDVR COLO. (Mar. 19, 2020), https://cutt.ly/UtRS8LE. 118 See Coronavirus: County Jail Inmates Ordered Released in Autauga, Elmore, Chilton Counties, MONTGOMERY ADVERTISER (Mar. 18, 2020), https://cutt.ly/QyVANNd.
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and the State of New Jersey,119 among others, have concluded that widespread jail release is a necessary and appropriate public health intervention.
102. As of May 27, 2020, Broward County jails have had 52 confirmed cases of prisoners with COVID-19 across their four facilities. Yet in the month of May 2020, they released fewer prisoners than they released in January 2020—before the pandemic hit. The jail population was, in fact, higher on June 2 than it was in the month of May.
103. Immediate release of medically vulnerable Plaintiffs remains a necessary public health intervention. Release is needed not only to prevent irreparable harm to members of the medically-vulnerable Subclasses, but also to reduce the incarcerated population at Broward County Jail sufficiently to ensure proper social distancing to reduce transmission for all class members and the wider public.120
104. Until such time as they are released, medically vulnerable prisoners must be provided with enhanced protections to at least mitigate their risk of contracting COVID-19. The only evidence of a policy to protect this population is a statement BSO has made that, for prisoners 65 and older, temperature and COVID-19 symptoms will be checked on a daily basis, which is plainly inadequate to protect them from infection. And contrary to BSO’s statement, prisoners in Broward County Jails who are 65 or older are not having their temperatures taken daily. Despite clear guidance from public health authorities and the CDC that these prisoners are at a significant
119 Erin Vogt, Here’s NJ’s Plan for Releasing Up to 1,000 Inmates as COVID-19 Spreads, N.J. 101.5 (Mar. 23, 2020), https://cutt.ly/QtRS53w. 120 Further, in the prison context, the ABA urges that “Governmental authorities in all branches in a jurisdiction should take necessary steps to avoid crowding that . . . adversely affects the . . . protection of prisoners from harm, including the spread of disease.” Standards on Treatment of Prisoners, 2011 A.B.A. SEC. CRIM. JUST. 23-3.1(b), available at https://cutt.ly/VyVP7JF.
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risk, Defendant Tony and BSO are not taking any of a number of possible steps to even attempt to protect this vulnerable population, such as:
 prohibit housing this medically-vulnerable population in open dormitory housing units;
 ensure they are housed in single cells;  cohort them in long-term housing with persons who have tested negative for
COVID-19 and have been cleared from medical isolation to prevent transmission by those with false negative testing results; and  implement long-term staff assignment by test-confirmed negative staff to prevent staff-prisoner transmission. 105. The deadly consequences of continuing to house medically vulnerable persons in the jail are evident from the death of Alan Pollock. Mr. Pollock was 64 years old, wheelchair bound, and had hypertension, schizophrenia, and bipolar disorder. Although in the jail’s infirmary before ultimately being taken to the hospital, BSO never tested him for COVID-19. On April 7, 2020, COVID-19, for which he was not tested, treated or quarantined while in BSO custody, killed him.121
The Jail’s Policies, Practices, and Procedures in the Face of COVID-19 Violate the ADA and the Rehabilitation Act. 106. Defendant Tony’s actions and inactions in the face of COVID-19 constitute disability discrimination. The Disability Subclasses include everyone in the Medically-Vulnerable Subclasses who is vulnerable because of a disability, as defined under federal law, except those vulnerable solely because of age or pregnancy status. All other conditions that increase risk for

121 Amanda Batchelor & Ian Margol, supra note 88.

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COVID-19 complications or death—including lung conditions, moderate to severe asthma, heart conditions, diabetes, kidney disease, liver disease, hypertensions and immunosuppressive disorders—are disabilities under federal disability rights laws. Detainees in the Broward County Jail facilities who have any of these conditions are medically-vulnerable people with disabilities protected by the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act (“RA”), in addition to being protected by the constitutional provisions that protect all medically-vulnerable Subclass members. By continuing to detain members of the Disability Subclass without even minimally adequate policies and procedures in place to prevent the spread of COVID-19, Defendants’ policies and practices violate the ADA and RA. Sheriff Tony and BSO are recipients of federal funding and thus subject to the RA.
107. The ADA requires all covered entities to provide reasonable modifications in their policies, practices, and procedures in order to give people with disabilities an equal opportunity to benefit from the entity’s programs, services, and activities. Broward County Jail is a covered entity under these laws. Broward County Jail has failed to make modifications to ensure that high-risk people with disabilities can avoid contracting—and possibly dying from—COVID 19. Exposing disabled prisoners to a virus that can sicken or kill them denies them the ability to benefit from Broward County Jail’s programs, services, and activities. Release of the Disability Subclasses is the most appropriate modification of the jail’s program. Absent that, the jail must implement modifications to protect Disabled Subclass members during incarceration, including implementing meaningful social distancing, ensuring full use of PPE, regular testing, and complete quarantine of people who test positive. The ADA also prohibits covered entities from using methods of administration that defeat or impair the accomplishment of the objectives of the public entity’s program. For disabled Broward County jail prisoners facing criminal charges or participating in
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post-trial proceedings, the jail’s main purpose and objectives are to provide required safety and health services while ensuring an individual’s appearance at trial or post-trial proceedings. For disabled prisoners serving a criminal sentence, the jail’s primary service is to detain them for the duration of their sentence. A person who is sickened, unconscious, or killed by COVID-19 will be unable to make court appearances; those who die of COVID-19 will not complete their sentences. By setting up a system where mass infection and resulting harm and death will disproportionately fall on people with disabilities, the jail has failed to establish methods of administration that do not discriminate against people with disabilities.
108. As a result of Defendant Tony and the Broward County Jail’s failures to make reasonable modifications, including release, and its failure to establish a non-discriminatory method of administering its program, people with disabilities are being denied an equal opportunity to participate in the adjudication of their cases and are denied the reasonable modifications they may need to survive this pandemic.
CLASS ACTION ALLEGATIONS 109. Plaintiffs bring this action pursuant to Rule 23 of the Federal Rules of Civil Procedures on behalf of themselves and a class of similarly situated individuals. 110. Plaintiffs Christopher Brown, Bernard Franklin, Cody Barnett, Robert Morrill, Todd Watson, Jesse Callins, Gregory Dunning, William Bennett, Heather Lewis and Samuel Paulk seek to represent a class of all current and future detainees in pretrial custody at the Broward County Jails who are Florida residents (the “Pre-Adjudication Class”). The Pre-Adjudication Class includes a Subclass of all persons who, by reason of age or medical condition, are particularly vulnerable to serious illness or death if they were to contract COVID-19 and a Subclass of all persons who suffer from a disability that substantially limits one or more of their major life
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activities and who are at an increased risk of contracting, being severely ill from, and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability (the “Disability Pre-Adjudication Subclass”). Plaintiffs Christopher Brown, Cody Barnett, Robert Morrill, Gregory Dunning, William Bennett and Heather Lewis are also representatives of the Medically Vulnerable Pre-Adjudication Subclass and the Disability Pre-Adjudication Subclass.
111. Plaintiffs Ricardo Gonzales Guerra and Darius Walker Greaves seek to represent a class of all current and future detainees in post-conviction custody at the Broward County Jails who are Florida residents (the “Post-Adjudication Class”). The Post-Adjudication Class includes a Subclass of all persons who, by reason of age or medical condition, are particularly vulnerable to serious illness or death if they were to contract COVID-19 (“Medically Vulnerable PostAdjudication Subclass”), and a Subclass all persons within the Medically Vulnerable PostAdjudication Subclass with a disability that substantially limits one or more of their major life activities and who are at an increased risk of contracting, being severely ill from, and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability (the “Disability Post-Adjudication Subclass”). Plaintiff Ricardo Gonzales Guerra is also representative of the Medically Vulnerable Post-Adjudication Subclass and the Disability PostAdjudication Subclass.
112. The “Medically Vulnerable” Subclasses are defined as all current and future detainees age 50 and above, as well as all current and future persons detainees of any age with impaired immunity, including chronic diseases and health conditions such as (a) lung disease, (b) heart disease, (c) chronic liver or kidney disease (including hepatitis and dialysis patients), (d) diabetes, (e) hypertension, (f) compromised immune systems (such as from cancer, HIV, or
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autoimmune disease), (g) blood disorders (including sickle cell disease), (h) developmental disorder (i) severe mental illness, (j) severe obesity, and/or (k) moderate to severe asthma.122
113. The “Disability” Subclasses are defined as all current and future detainees with a disability that substantially limits one or more of their major life activities and who are at an increased risk of contracting, being severely ill from, and/or dying from COVID-19 due to their disability or any medical treatment necessary to treat their disability.
114. This action has been brought and may properly be maintained as a class action under Federal law. It satisfies the numerosity, commonality, typicality, and adequacy requirements for maintaining a class action under Fed. R. Civ. P. 23(a).
115. Joinder is impracticable because (1) the classes are numerous; (2) the classes include future members, and (3) the class members are incarcerated, rendering their ability to institute individual lawsuits limited.
116. On information and belief, there are at least 40 people in the proposed PreAdjudication Class, at least 40 people in the proposed Post-Adjudication Class, and at least 40 people in each proposed Subclass.
122 See Coronavirus Disease (COVID-19) Advice for the Public, supra note 49 (“Older people, and people with preexisting medical conditions (such as asthma, diabetes, heart disease) appear to be more vulnerable to becoming severely ill with the virus.”); Report of the WHO-China Joint Mission on Coronavirus Disease 2019 (COVID-19), supra note 49 (finding fatality rates for patients with COVID-19 and co-morbid conditions to be: “13.2% for those with cardiovascular disease, 9.2% for diabetes, 8.4% for hypertension, 8.0% for chronic respiratory disease, and 7.6% for cancer”); Coronavirus 2019 (COVID-19): People Who Are at Higher Risk for Severe Illness, supra note 49; Safiya Richardson, et al., supra note 49 (examining 5,700 persons hospitalized for COVID-19 and finding the most common comorbidities were hypertension (3,026; 56.6%), obesity (1,737; 41.7%), and diabetes (1,808; 33.8%)); Coronavirus 2019 (COVID-19): People with Developmental and Behavioral Disorders, supra note 49 (“Some people with developmental or behavioral disorders may have difficulties accessing information, understanding or practicing preventative measures, and communicating symptoms of illness.”); CTRS. FOR DISEASE CONTROL & PREVENTION, supra note 49 (“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.”).
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117. Common questions of law and fact exist as to all members of the proposed classes: all are at risk of unreasonable risk of serious harm from contracting COVID-19 due to Defendant’s failure to take reasonable measures to ensure their safety from the disease, and all have a right to receive adequate COVID-19 prevention, testing, and treatment. These questions include:
a. Whether the challenged conditions related to the Broward County Jails’ response to COVID-19, including inadequate screening on intake, insufficient testing, a lack of social distancing, a failure to properly quarantine confirmed and suspected cases of COVID-19, and provision of inadequate cleaning suppliers and personal protective equipment, subjects Plaintiffs to an unreasonable risk of serious harm
b. Whether Defendant knew of and disregarded that risk of serious harm to Plaintiffs
c. Whether the Medically Vulnerable Subclasses are entitled to release because there is no set of conditions under which they can be adequately protected from the serious risk of COVID-19
d. Whether the Pre-Adjudication Class are subjected to unlawful punishment and have a right to be free from incarceration unless their detention is found to be necessary to advance the compelling government interest in court appearance or public safety.
e. Whether Defendant has failed to provide reasonable accommodations to protect members of the Disabled Subclass from COVID-19
f. Whether Plaintiffs are entitled to a temporary restraining order, preliminary injunction, a permanent injunction, and/or any other equitable relief
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118. Named Plaintiffs have the requisite personal interest in the outcome of this action and will fairly and adequately protect the interests of the class. Plaintiffs have no interests adverse to the interests of the proposed class. Plaintiffs retained pro bono counsel with experience and success in the prosecution of civil rights litigation. Counsel for Plaintiffs know of no conflicts among proposed class members or between counsel and proposed class members.
119. Defendant has acted on grounds generally applicable to all proposed class members, and this action seeks declaratory and injunctive relief. Plaintiffs therefore seek class certification under Rule 23(b)(2).
120. In the alternative, the requirements of Rule 23(b)(1) are satisfied, because prosecuting separate actions would create a risk of inconsistent or varying adjudications with respect to individual class members that would establish incompatible standards of conduct for the party opposing the proposed classes.
CLAIMS FOR RELIEF FIRST CLAIM FOR RELIEF Unconstitutional Conditions of Confinement in Violation of the Fourteenth Amendment
42 U.S.C. § 1983 On Behalf of the Pre-Adjudication Class and Disability Rights Florida
121. Plaintiffs repeat and re-allege the preceding paragraphs as if fully set forth in this Count.
122. Under the Fourteenth Amendment, persons in pretrial custody have greater due process protections than those convicted or crimes have under the Eighth Amendment. As part of these protections, the government must provide persons detained pre-trial with reasonably safe conditions of confinement and address serious medical needs that arise in jail.
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123. Defendant has deprived and continues to be deprive Plaintiffs and the classes they represent of their rights under the Fourteenth Amendment to reasonably safe conditions of confinement. Under both the objective and subjective tests for deliberate indifference, Defendant Tony is liable. He has failed to provide Plaintiffs with reasonably safe conditions or address their serious medical needs during the COVID-19 pandemic. Defendant is aware of the significant risk to health and safety that COVID-19 poses to all individuals and is further aware that the current practices and conditions as well as policies and procedures at the jail exacerbate this risk for the Pre-Adjudication Class. Despite this knowledge of the substantial risk of severe illness and even death created by the conditions of confinement, Defendant has failed to act reasonably to address these dangers.
124. As a result of Defendant’s actions and inactions, class members face irreparable harm, including a substantial risk of contracting COVID-19 and sustaining a serious illness that could lead to death.
125. Defendant’s failure to take appropriate steps to curb the substantial threat posed by COVID-19 to each person in his custody, including those individuals who have a disabling condition or who are otherwise medically vulnerable, as described more fully above, violates Plaintiffs’ rights to be free from unreasonable risk of serious illness, death and bodily harm.
126. Plaintiffs seek injunctive and declaratory relief against Defendant to prevent the continued violation of the rights of Plaintiffs and the classes they represent.
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SECOND CLAIM FOR RELIEF Unconstitutional Conditions of Confinement
in Violation of the Eighth Amendment 42 U.S.C. § 1983
On Behalf of the Post-Adjudication Class and Disability Rights Florida 127. Plaintiffs repeat and re-allege the preceding paragraphs as if fully set forth in this Count. 128. Under the Eighth Amendment, persons in carceral custody have a right to be free from cruel and unusual punishment. As part of the right, the government must provide incarcerated persons with reasonable safety and address serious medical needs that arise in jail. 129. Defendant has deprived and continues to deprive Plaintiffs and the classes they represent of their rights under the Eighth Amendment to reasonably safe conditions of confinement. Defendant is aware of the significant risks to health and safety that COVID-19 poses to all individuals, and is further aware that the current operating policies and procedures at the jail exacerbate this risk for the Post-Adjudication Class. Despite this knowledge of the substantial risk of severe illness and even death created by the conditions of confinement, Defendant has disregarded these risks, and failed to act reasonably to address these dangers. This inaction reflects Defendant’s deliberate indifference to excessive risks to Plaintiffs’ health and safety. 130. As a result of Defendant’s actions and inactions, class members face irreparable harm, including a substantial risk of contracting COVID-19 and sustaining a serious illness that could lead to death. 131. Defendant’s failure to take appropriate steps to curb the substantial threat posed by COVID-19 to each person in his custody, including those individuals who have a disabling condition or who are otherwise medically vulnerable, as described more fully above, violates Plaintiffs’ rights to be free from unreasonable risk of serious illness, death and bodily harm.
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132. Plaintiffs seek injunctive and declaratory relief against Defendant to prevent the continued violation of the rights of Plaintiffs and the classes they represent.
THIRD CLAIM FOR RELIEF Unconstitutional Punishment in Violation of the Fourteenth Amendment
42 U.S.C. § 1983 On Behalf of the Pre-Adjudication Class and Disability Rights Florida 133. Plaintiffs repeat and re-allege the preceding paragraphs as if fully set forth in this Count. 134. Under the Fourteenth Amendment, persons in pre-trial custody cannot be punished as part of their detention. Punishment is established if the jailer’s conduct either is not rationally related to a legitimate, nonpunitive, government purpose or is excessive in relation to that scope. 135. Defendant has subjected Plaintiffs to unlawful punishment through acts and omissions that are not reasonably related to a legitimate non-punitive government purpose or are excessive in relation to that purpose. No legitimate government purpose is served by unnecessarily subjecting pretrial detainees to an excessive risk of exposure to and contracting COVID-19. Nor is any legitimate government purpose served by failing to address these risks. Exposing pretrial detainees to an excessive risk of contracting COVID-19, and of serious illness and death for those who are medically vulnerable, is not rationally related to the purpose of pretrial confinement, which is to ensure the presence of a detainee at trial. 136. Plaintiffs seek injunctive and declaratory relief against Defendant to prevent the continued violation of the rights of Plaintiffs and the classes they represent.
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FOURTH CLAIM FOR RELIEF Unconstitutional Conditions of Confinement in Violation of the Eighth and Fourteenth Amendments
42 U.S.C. § 1983 On Behalf of the Medically-Vulnerable Subclasses 137. Plaintiffs repeat and re-allege the preceding paragraphs as if fully set forth in this Count. 138. Members of the Medically-Vulnerable Subclasses are particularly susceptible to infection, injury and death from COVID-19. 139. As a result of their specific characteristics, no conditions of confinement at the Broward County Jail will adequately protect members of the Medically-Vulnerable Subclasses from the risk of infection, serious injury and death. 140. Because the Broward County Jails are not overcapacity, the injury suffered by the Medically-Vulnerable Subclasses is not the result of overcrowding. 141. Defendant is therefore holding members of the Medically-Vulnerable Subclasses in custody in violation of the Eighth Amendment’s right to be free from cruel and unusual punishment and the Due Process Clause of the Fourteenth Amendment. 142. Plaintiffs seek injunctive and declaratory relief against Defendant to prevent the continued violation of the rights of Plaintiffs and the classes they represent.
FIFTH CLAIM FOR RELIEF Petition for a Writ of Habeas Corpus for Confinement in Violation of the Eighth and Fourteenth Amendments
28 U.S.C. § 2241 On Behalf of the Medically-Vulnerable Subclasses 143. Plaintiffs repeat and re-allege the preceding paragraphs as if fully set forth in this Count.
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144. Members of the Medically-Vulnerable Subclasses are particularly susceptible to infection, injury and death from COVID-19.
145. As a result of their specific characteristics, there are no conditions of confinement that will adequately protect members of the Medically-Vulnerable Subclasses from the risk of infection, serious injury and death.
146. Defendant is therefore holding members of the Medically-Vulnerable Subclasses in custody in violation of the Eighth Amendment’s right to be free from cruel and unusual punishment and the Due Process Clause of the Fourteenth Amendment due to the fact of their confinement.
147. Plaintiffs seek injunctive and declaratory relief against Defendant to prevent the continued violation of the rights of Plaintiffs and the classes they represent.
SIXTH CLAIM FOR RELIEF Discrimination on the Basis of Disability in Violation of Title II of the Americans with Disabilities Act (“ADA”)
42 U.S.C. § 12131 et seq. On Behalf of the Disability Subclass and Disability Rights Florida 148. Plaintiffs repeat and re-allege the preceding paragraphs as if fully set forth in this Count. 149. Under Title II of the ADA, “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by such entity.” 42 U.S.C. § 12132. Title II of the ADA require that public entities avoid policies, practices, criteria, or methods of administration that have the effect of excluding or discriminating against persons with disabilities in the entity’s programs, services, or activities. 28 C.F.R. § 35.130(a), (b)((3), (8). Further, a public entity must “make reasonable modifications in policies, practices, or procedures
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when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.” 28 C.F.R. § 35.130(b)(7). Failure to make reasonable modifications necessary is a violation of the ADA.
150. Defendant Tony is sued in his official capacity as the Sherriff and Chief Corrections Officer of Broward County. Broward County is a municipal corporation organized under the laws of the State of Florida and is a public entity covered by Title II of the ADA. 42 U.S.C. § 12131.
151. Members of the Disabled Subclasses are individuals with disabilities within the meaning of the ADA. 42 U.S.C. § 12102. They have physical and/or mental impairments that substantially limit one or more major life activities, including but not limited to chronic diseases and health conditions, including lung disease, heart disease, chronic liver or kidney disease (including hepatitis and dialysis patients), diabetes, epilepsy, hypertension, compromised immune systems (such as from cancer, HIV, or autoimmune disease), blood disorders (including sickle cell disease), inherited metabolic disorders, stroke, cognitive disabilities, severe mental illness, severe obesity, and asthma. 42 U.S.C. § 12102(2). Major life activities of class members include respiratory and other functions of the body, such as the immune system, circulatory system, endocrine (to regulate blood sugar), kidney (the ability to cleanse and eliminate body waste), normal cell growth, digestive, bowel, bladder, neurological, brain, circulatory, as well as limitations in breathing, eating, sleeping, thinking, concentrating, standing, and walking, among others. Members of the Disabled Subclass are “qualified” for the programs, services, and activities being challenged herein. 42 U.S.C. § 12131(2).
152. Defendant is violating Title II of the ADA by failing to make the reasonable modifications necessary to provide Disabled Subclass members an equal opportunity to benefit
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from the Jail’s “services, programs, or activities,” including medical care, meals, rehabilitative programming. Failure to make these modifications places members of the Disabled Subclass at high risk of severe infection or death from COVID-19, and this risk is excluding them from equal access to life in jail, and from an equal opportunity to adjudicate their cases for those who are pretrial. Defendant is further violating the ADA by employing methods of administration that tend to discriminate against people with disabilities.
153. The only reasonable modification in the face of the unprecedented risks of COVID19 is removal from the jail, whether through medical furlough, release and/or transfer to home detention to allow subclass members to quarantine more safely in their homes. In the alternative, reasonable accommodations for people with qualifying disabilities include but are not limited to: separate living spaces rather than high-capacity shared rooms and dorms with people in close proximity; universal testing and screening for COVID-19; free distribution of adequate cleaning supplies, including soap; frequent cleaning of common areas; free distribution of adequate personal protective equipment, including masks and gloves; education on COVID-19 risks and prevention; suspension and waiver of co-payments and charges for medical treatments and visits; staggered access to bathrooms, meals, and other shared resources.
154. Plaintiffs seek injunctive and declaratory relief against Defendant to prevent the continued violation of the rights of Plaintiffs and the class they represent.
SEVENTH CLAIM FOR RELIEF Discrimination on the Basis of Disability in Violation of Section 504 of the Rehabilitation Act (“RA”)
29 U.S.C. § 794 et seq. On Behalf of the Disability Subclass and Disability Rights Florida 155. Plaintiffs repeat and re-allege the preceding paragraphs as if fully set forth in this Count.
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156. The Rehabilitation Act requires entities that receive federal funding, such as the Broward County Jails, not to discriminate against Americans with qualifying disabilities. Defendant Tony receives federal financial assistance for services, programs, or activities. See 29 U.S.C. § 794(a).
157. Section 504 of the RA, 29 U.S.C. § 794, requires entities such as the Broward County Jails to reasonably accommodate people with disabilities in all programs and services for which people with disabilities are otherwise qualified. Section 504 further states that “no otherwise qualified individual with disability in the United States . . . shall, solely by reason of [] disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a). The regulations implementing Section 504 of the Rehabilitation Act require that entities receiving federal financial assistance avoid unnecessary policies, practices criteria or methods of administration that have the effect of discriminating against persons with disabilities. 28 C.F.R. § 41.51(b)(3)(i).
158. Plaintiffs, and other members of the Subclasses, are individuals with disabilities under the meaning of the RA.
159. Access to safe conditions of confinement and adequate preventative and responsive medical treatment are programs or services that Defendant must provide—but is not presently providing—to people in its custody to comply with the RA.
160. Defendant is violating the RA by failing to make the reasonable modifications necessary to provide Disabled Subclass members an equal opportunity to benefit from the Jail’s “services, programs, or activities,” including medical care, meals, rehabilitative programming. Failure to make these modifications places members of the Disabled Subclass at high risk of severe
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infection or death from COVID-19, and this risk is excluding them from equal access to life in jail, and from an equal opportunity to adjudicate their cases for those who are pretrial. Defendant is further violating the RA by employing methods of administration that tend to discriminate against people with disabilities.
161. The only reasonable modification in the face of the unprecedented risks of COVID19 is removal from the jail, whether through medical furlough, release and/or transfer to home detention to allow subclass members to quarantine more safely in their homes. In the alternative, reasonable accommodations for people with qualifying disabilities include but are not limited to: separate living spaces rather than high-capacity shared rooms and dorms with people in close proximity; universal testing and screening for COVID-19; free distribution of adequate cleaning supplies, including soap; frequent cleaning of common areas; free distribution of adequate personal protective equipment, including masks and gloves; education on COVID-19 risks and prevention; suspension and waiver of co-payments and charges for medical treatments and visits; staggered access to bathrooms, meals, and other shared resources.
162. Plaintiffs seek injunctive and declaratory relief against Defendant to prevent the continued violation of the rights of Plaintiffs and the class they represent.
REQUEST FOR RELIEF 163. WHEREFORE, Plaintiffs and proposed Class Members respectfully request that this Court: A. Certify this case as a class action and certify the proposed Class and Subclasses. B. Enter an order declaring that Defendant’s policies and practices regarding COVID-19 violate the Eighth and Fourteenth Amendments to the United States Constitution.
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C. Enter an order declaring that Defendant has violated the ADA and RA by failing to reasonably accommodate incarcerated individuals with disabilities.
D. Enter a temporary restraining order, preliminary injunction, permanent injunction, and/or grant a writ of habeas corpus requiring Defendant to release all Medically-Vulnerable Subclass Members in both the Pre-Adjudication and Post-Adjudication Classes, through an expedited process to be ordered by the Court.
E. Order (i) an inspection of the Broward County Jail facilities by a medical expert who can provide a report in advance of a preliminary or permanent injunction hearing, and (ii) any other pre-hearing discovery that may be appropriate.
F. Require a plan to be submitted to the Court, overseen by a qualified expert or experts pursuant to Fed. R. Evid. 706, which outlines: i. Specific mitigation efforts to prevent, to the degree possible, contraction of COVID-19 by all detainees. ii. A housing and/or public support plan for any Class or Subclass Members due to be released whose testing confirms have been exposed to or infected with COVID-19 and who do not readily have a place to self-isolate for the CDCrecommended period of time (currently 14 days). iii. A COVID-19 housing plan that maximizes the use of all potential space to house prisoners (including currently unused space or facilities that can be repurposed for this purpose) to be implemented at Broward County Jails.
G. Enter a temporary restraining order, preliminary injunction and/or permanent injunction requiring Defendant to:
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i. Regularly and systematically educate class members, in a manner adequate for class members with low literacy or for whom English is not their primary language, of (i) all symptoms of COVID-19, (ii) techniques for preventing transmission of COVID-19, including social distancing and proper use of masks, cleaning and hygiene supplies, and (iii) jail policies and procedure concerning the prevention COVID-19 transmission.
ii. Conduct temperature checks, and verbal screening for COVID-19 symptoms or contact with infected individuals, of all individuals booked or transferred into the Broward County Jail upon entry or re-entry.
iii. Cohort new entrants into the Broward County Jails for a period of 14 days, and perform twice daily symptom screening and temperature checks on these individuals.
iv. Adopt all reasonable measures to enable social distancing of six feet or more between detainees, including by housing detainees in unused cells, units and facilities to the greatest extent practicable, prioritizing single-person cells for members of the Medically-Vulnerable Subclasses and detainees who display symptoms of COVID-19.
v. Provide class members with (i) new single-used masks on a daily basis, or (ii) reusable cloth masks and sufficient supplies to allow those cloth masks to be properly sanitized daily.
vi. Provide ready access to and free of charge cleaning and hygiene supplies (including liquid soap, cleaning supplies, paper supplies, and sanitizer with at least 60 percent alcohol).
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vii. Require all staff working in County jails to wash their hands, apply hand sanitizer containing at least 60% alcohol, or change their gloves both before and after making physical contact with any person.
viii. Conduct universal COVID-19 testing of all class members and jail staff, and immediate testing of any individual displaying COVID-19 symptoms, prioritizing members of the Medically-Vulnerable Subclasses, new entrants into the Broward County Jails, any individual who reports or is otherwise identified to have symptoms of COVID-19, and any class member being released.
ix. Conduct twice daily symptom screening and temperature checks for all members of the Medically-Vulnerable Subclasses, to the extent any such members are not released, and routinely conduct symptom screening and temperature checks during all healthcare appointments to identify COVID-19 symptoms.
x. Have trained personnel clean any common areas shared by at least four detainees at least once every hours from 7 a.m. to 10 p.m.
xi. Suspend and waive all co-pays and charges for medical/sick calls, grievances, or other requests to see a healthcare provider, as well as any medical treatment.
xii. Ensure that individuals identified as having COVID-19 or having been exposed to COVID-19 receive adequate medical care and are properly medically isolated in a non-punitive setting, with continued access to showers, recreation, mental health services, reading materials, phone and video visitation, communications with counsel, and personal property.
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xiii. Provide the Court and Plaintiffs’ counsel with twice-weekly statistics on (i) the number of COVID-19 tests that have performed on detainees and jail staff, and (ii) the results of such tests.
H. Take all further action required—including ordering Defendants to adopt and implement any expert recommendations following an expert inspection of the Broward County Jails—to ensure that all remaining detainees in Broward County Jails are detained under conditions consistent with recognized public health and CDC guidance and to prevent the spread of COVID-19.
I. Retain jurisdiction over this case until Defendant has fully complied with the orders of this Court, and there is a reasonable assurance that they will continue to comply in the future, absent continuing jurisdiction.
J. Award Petitioners/Plaintiffs’ attorney fees and costs under 42 U.S.C. §§ 1988 and 12205 and any other applicable law.
K. Grant any further relief this Court deems appropriate.

Dated: June 5, 2020

Respectfully submitted,

Anjana Samant (pro hac vice pending) Steven Watt (pro hac vice pending) AMERICAN CIVIL LIBERTIES UNION
FOUNDATION 120 Broad Street, 18th Fl. New York, NY 10004 Telephone: (212) 549-2500 asamant@aclu.org swatt@aclu.org

/s/ Benjamin James Stevenson Benjamin James Stevenson Florida Bar. No. 598909 ACLU FOUNDATION OF FLORIDA 3 W. Garden St., Suite 712 Pensacola, FL 32502-5636 Telephone: (786) 363-2738 bstevenson@aclufl.org

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Brian Stull (pro hac vice pending) AMERICAN CIVIL LIBERTIES UNION
FOUNDATION 201 W. Main St., Suite 402 Durham, NC 27701 Telephone: (919) 682-9469 bstull@aclu.org
Eric Balaban (pro hac vice pending) AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 ebalaban@aclu.org
Suhana S. Han (pro hac vice pending) Akash M. Toprani (pro hac vice pending) SULLIVAN & CROMWELL LLP 125 Broad Street New York, NY 10004 Telephone: (212) 558-4000 hans@sullcrom.com toprania@sullcrom.com
James H. Congdon (pro hac vic pending) SULLIVAN & CROMWELL LLP 1700 New York Ave NW Washington, DC 20006 Telephone: (202) 956-7500 congdonj@sullcrom.com

Jacqueline Nicole Azis Florida Bar No.101057 ACLU FOUNDATION OF FLORIDA 4023 N. Armenia Ave., Suite 450 Tampa, FL 33607 Telephone: (786) 363-2708 jazis@aclufl.org
Daniel Tilley Florida Bar No. 102882 ACLU FOUNDATION OF FLORIDA 4343 W. Flagler St., Suite 400 Miami, FL 33134 Telephone: (786) 363-2714 dtilley@aclufl.org
Curtis Filaroski Florida Bar. No. 111972 Kathryn Strobach Florida Bar No. 670121 DISABILITY RIGHTS FLORIDA, INC. 1000 N. Ashley Drive, Suite 640 Tampa, Florida 32308 Telephone: (850) 488-9071 curtisf@disabilityrightsflorida.org kathryns@disabilityrightsflorida.org
Attorneys for Plaintiffs/Petitioners

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 Case 0:20-cv-61113-WPD Document 49 Entered on FLSD Docket 12/15/2020 Page 1 of 30

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CODY BARNETT, et al.,

Plaintiffs/Petitioners,

Case No. 0:20-cv-61113-WPD

v.

GREGORY TONY,

Defendant/Respondent. /

JOINT MOTION FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT, PRELIMINARY CERTIFICATION OF SETTLEMENT CLASS, AND APPROVAL OF
CLASS NOTICE AND INCORPORATED MEMORANDUM OF LAW

Case 0:20-cv-61113-WPD Document 49 Entered on FLSD Docket 12/15/2020 Page 2 of 30
CONTENTS
INTRODUCTION ...........................................................................................................................1 A. Factual Background .........................................................................................................1 B. Procedural Background....................................................................................................4 C. Terms of the Settlement ...................................................................................................6 The Settlement Class....................................................................................................7 New Arrestees and the Jail’s Admissions Procedures .................................................8 Housing and Social Distancing ....................................................................................7 Screening, Testing, and Contact Tracing .....................................................................8 Quarantining, Cohorting, Medical Isolation, and Medical Care..................................9 PPE, Cleaning and Disinfecting Procedures, and Personal Hygiene Supplies ............9 Education and Transparency ........................................................................................9 Monitoring .................................................................................................................10 Expiration of Settlement ............................................................................................10 D. The Settlement Is Fair, Reasonable, and Adequate, and the Class Satisfies Rule 23’s Requirements. ................................................................................................................10
ARGUMENT .................................................................................................................................11 A. This Court Should Grant Preliminary Approval of the Settlement. ..............................11 The Legal Standard for Preliminary Approval ..........................................................11 The Settlement Is the Product of a Good-Faith, Informed, and Arm’s-Length Negotiation. ................................................................................................................13 The Settlement Satisfies the Bennett Factors. ............................................................14 B. Preliminary Certification of the Settlement Class Is Appropriate. ................................18 Each of the Rule 23(a) Factors is Met .......................................................................18 Plaintiffs Meet the Requirements of Rule 23(b)(2) ...................................................22 C. Undersigned Counsel Should Be Appointed Class Counsel Under Rule 23(g) ............23 D. The Court Should Approve the Proposed Settlement Class Notice...............................24 E. The Court Should Schedule a Fairness Hearing. ...........................................................24
CONCLUSION ..............................................................................................................................25

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Plaintiffs and Defendant, Gregory Tony, by and through their respective undersigned counsel, jointly and respectfully move this Court for preliminary approval of the settlement reached in the above-captioned matter.1 For the reasons set forth below, the settlement is fair, reasonable, and adequate and serves the best interests of the proposed class members. Therefore, pursuant to Rule 23, Plaintiffs and Defendant (the “Parties”) request that the Court issue an Order granting preliminary approval of the Parties’ proposed class settlement (the “Settlement”), preliminary certification of the settlement class (the “Class” or “Class Members”) defined in the Settlement, and approval of the proposed notice (the “Notice”) to the Class. Further, the Parties request that this Court appoint the undersigned counsel for Plaintiffs as Settlement Class Counsel and schedule a Fairness Hearing for the week of February 1, 2021, subject to the Court’s availability and convenience.
INTRODUCTION Factual Background This litigation arises from conditions at the Broward County Jail facilities (the “Jail”) during the present global COVID-19 pandemic. As this Court is well aware, COVID-19 is a serious and potentially fatal respiratory disease caused by a novel coronavirus. Around the globe, millions of people have suffered or died from COVID-19. As of November 24, 2020, in the state of Florida alone, over 944,000 people have been infected with COVID-19, and over 18,000 people have died.2 In Broward County, over 1,620 people have died from COVID-19, and the virus has

1

The Settlement is attached hereto as Exhibit 1. Capitalized terms not defined herein shall

have the same definitions and meanings ascribed to them in the Settlement.

2

Florida Covid Map and Case Count, N.Y. TIMES (updated Nov. 24, 2020),

https://www.nytimes.com/interactive/2020/us/florida-coronavirus-cases.html?auth=login-

email&login=email.

Case 0:20-cv-61113-WPD Document 49 Entered on FLSD Docket 12/15/2020 Page 4 of 30

shown no signs of slowing down.3 While progress has been made on a vaccine for COVID-19, scientists expect that any mass distribution to the public of a vaccine is still months away.4
Scientists worldwide accept that COVID-19 spreads from person to person through respiratory droplets and close personal contact.5 Symptomatic persons spread the disease, but asymptomatic and pre-symptomatic persons can spread it as well.6 COVID-19 presents an even greater risk of serious symptoms and death for those who are over 50 or have certain preexisting medical conditions.7 Scientists have identified several potential long-term effects of a COVID-19 infection among patients who survive, including neurological damage, loss of respiratory capacity, and heart palpitations.8
The expert consensus is that the most effective strategy for limiting the spread of the disease is social distancing—deliberately keeping at least six feet of space between persons to avoid spreading the illness—combined with a vigilant hygiene regimen, including frequent hand

3

Florida’s COVID-19 Surge Sees More Than 9,000 New Cases, SUN SENTINEL (Nov. 19,

2020),

https://www.sun-sentinel.com/coronavirus/fl-ne-florida-coronavirus-deaths-cases-

thursday-november-19-20201119-2dffrksvinhlbmjneyyveeyiui-story.html.

4

Arielle Mitropoulos & Sony Salzman, COVID-19 Vaccine Still Months Away for Most

Americans, ABC NEWS (Nov. 20, 2020) (“The regular Joe is probably not going to receive a

vaccine until July or August.”), https://abcnews.go.com/Health/covid-19-vaccine-months-

americans/story?id=74324596.

5

How To Protect Yourself & Others, CTRS. FOR DISEASE CONTROL & PREVENTION (updated

Nov. 4, 2020), https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.

6

Id.

7

Older Adults, CTRS. FOR DISEASE CONTROL & PREVENTION (updated Sept. 11, 2020),

https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/older-adults.html; People

with Certain Medical Conditions, CTRS. FOR DISEASE CONTROL (updated Nov. 2, 2020),

https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-

conditions.html.

8

Long-Term Effects of COVID-19, CTRS. FOR DISEASE CONTROL & PREVENTION (updated

Nov. 13, 2020), https://www.cdc.gov/coronavirus/2019-ncov/long-term-effects.html.

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washing and routine disinfecting of surfaces, and covering one’s mouth and nose when around others.9
Correctional facilities have proven to be particularly vulnerable to COVID-19 outbreaks. Two inmates have died from COVID-19 at the Broward County Jail since the beginning of the pandemic’s spread in Florida.10 Correctional facilities are particularly susceptible to the spread of COVID-19 because their congregate settings force people incarcerated at the Jail into close contact with each other and prison staff, including corrections officers. (Compl. ¶¶ 60, 64.) Some of the housing units in the Jail are multiple-person cells holding up to six people, while others are separated by low walls. (Compl. ¶ 76.) Further, any time prisoners are outside their cells, they share physical space and surfaces with all other members of the housing unit in common areas.
It is difficult for incarcerated people to achieve the recommended social distancing needed to effectively prevent the spread of COVID-19. They share or touch objects used often by others and cleaned infrequently. In addition to eating, sleeping, recreating, and living close to each other, they must share bathroom facilities: showers, toilets, and sinks. Additionally, incarcerated people “have a higher prevalence of infectious and chronic disease and are in poorer health than the general population, even at young ages.”11 (See Compl. ¶ 60.) Many of these illnesses, such

9

How To Protect Yourself & Others, CTRS. FOR DISEASE CONTROL & PREVENTION (updated

Nov. 4, 2020), https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/prevention.html.

10 Amanda Batchelor & Ian Margol, Inmate Diagnosed with Coronavirus Had Emergency Motion Filed for Release Prior to his Death, LOCAL10 (Apr. 9, 2020), https://cutt.ly/jyV1Oi4; Wayne K. Roustan, Broward Jail Inmate Died of COVID-19, Medical Examiner Says, SUN SENTINEL (Nov. 21, 2020), https://www.sun-sentinel.com/local/broward/fort-lauderdale/fl-necovid-inmate-death-20201121-2p333b44cjhilhv56mnmgqrfmi-story.html.

11

CENTERS FOR DISEASE CONTROL, CS 316182-A, INTERIM GUIDANCE ON MANAGEMENT OF

CORONAVIRUS DISEASE 2019 (COVID-19) IN CORRECTIONAL AND DETENTION FACILITIES (Mar. 27,

2020), https://cutt.ly/LyVWfed (“Note that incarcerated/detained populations have higher

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as hypertension, asthma, diabetes, and chronic kidney disease, are associated with more severe cases of COVID-19 and poorer outcomes, including death.
Public health experts have issued guidance in light of the extraordinary risk COVID-19 poses to those in correctional facilities. The Centers for Disease Control’s (“CDC”) COVID-19 guidance documents for correctional facilities recommend, among other things, social distancing to increase space between incarcerated people to six feet.12 Because regular, frequent hand washing is vital for limiting the spread of COVID-19, they also establish that prisons should “[p]rovide a no-cost supply of soap to incarcerated/detained persons, sufficient to allow frequent hand washing.” They further provide that doorknobs, light switches, sink handles, countertops, toilets, toilet handles, recreation equipment, kiosks, and telephones be cleaned “several times a day.”
Procedural Background On June 5, 2020, Plaintiffs, for themselves and proposed Class Members confined at the Broward County Jail, filed a complaint and habeas petition alleging that the fact and conditions of their confinement violated their rights under the Eighth and Fourteenth Amendments, the Americans with Disabilities Act, and the Rehabilitation Act. Plaintiffs sued the Sheriff of Broward County, Florida, Gregory Tony (“Defendant”), in his official capacity, seeking remedies to address alleged substantial risks of their contracting the COVID-19 virus and of suffering serious illness or death should they contract the virus.

prevalence of infectious and chronic diseases and are in poorer health than the general population, even at younger ages.”).

12

Id.

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Plaintiffs also filed a motion for temporary restraining order and preliminary injunction (the “TRO Motion”), accompanied by forty-four declarations from prisoners at the Jail and two expert declarations, seeking: identification of all medically vulnerable prisoners and prisoners with disabilities, as defined in the TRO Motion; release for medically vulnerable inmates; a housing plan to maximize social distancing; education of prisoners about COVID-19 symptoms and ways to prevent its spread; more frequent and regular temperature checks and symptom-screenings; increased testing for the novel coronavirus; cohorting of newly admitted arrestees at the Jail; contact tracing; adequate personal protective equipment, hygiene, and cleaning supplies for prisoners; and waiver of co-pays and charges for medical/sick calls during the COVID-19 pandemic. (Plaintiffs’ Motion for a Temporary Restraining Order and/or Preliminary Injunction and Incorporated Memorandum of Law, Barnett v. Tony, No. 20-cv-61113 (S.D. Fla. June 25, 2020), ECF Doc. Nos. 17-18.)
Upon filing the Complaint, counsel for both sides immediately entered into settlement negotiations. Although Defendant has at all times vigorously contested the allegations in the Complaint and denied wrongdoing, because the Parties agreed to seek a stay of proceedings to pursue settlement, Defendant did not file a response or opposition to the Complaint or the TRO Motion. In conjunction with the stay, Defendant agreed to provide certain discovery about current conditions at the Jail and COVID-19 testing results and to take certain additional steps to mitigate the spread of COVID-19 in the Jail while the parties engaged in settlement discussions. (Joint Motion for a Temporary Stay of Proceedings, Barnett v. Tony, No. 20-cv-61113 (S.D. Fla. June 25, 2020), ECF No. 20.) Aided by the ongoing discovery, the Parties engaged in months of intensive negotiations and have now reached the proposed Settlement.
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Terms of the Settlement This Settlement ensures all Class Members will have access to adequate personal protective equipment, hygiene supplies, and medical care; that Class Members, especially medically vulnerable Class Members, will be able to maintain the recommended social distance from other detainees when possible, now and throughout the remaining course of the pandemic. The terms of the Settlement are detailed in the Agreement, attached hereto as Exhibit 1. The following is a summary of the material terms of the Settlement.
The Settlement Class The Settlement Class is defined in the Settlement as “persons who are being, or will be, confined in the Broward County Jail at any time while the Agreement remains in effect, including any facilities where the Defendant may in the future confine persons.” The Settlement Class includes but is not limited to persons who are “Medically Vulnerable,” defined in the Settlement as “persons 65 years of age and over, persons who are both age 50 and over and who are hypertensive, and persons of any age who suffer from certain underlying medical conditions which the CDC has determined are at an increased risk of severe illness from COVID-19.”13
13 The Centers for Disease Control and Prevention has determined that persons who suffer from following underlying medical conditions are at an increased risk of severe illness from COVID-19: (a) cancer, (b) chronic kidney disease, (c) chronic obstructive pulmonary disease (“COPD”), (d) heart conditions, (e) immunocompromised state (weakened immune system) from solid organ transplant, (f) obesity, (g) severe obesity, (h) sickle cell disease, (i) smoking, (j) Type 2 diabetes mellitus, and (k) pregnancy. People with Certain Medical Conditions, CTRS. FOR DISEASE CONTROL (updated Nov. 2, 2020), https://www.cdc.gov/coronavirus/2019-ncov/needextra-precautions/people-with-medical-conditions.html.
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New Arrestees and the Jail’s Admissions Procedures The Settlement14 addresses temperature and COVID-19 symptom checks consistent with CDC guidance at intake/booking; social distancing of at least six feet in intake holding cells and other areas where newly admitted persons are held before their transfer to Jail facilities, where possible; the provision of face coverings to newly admitted prisoners before entering the booking area; that no one shall spend more than six (6) hours in the booking area; and that staff shall wear face coverings and gloves in the booking area while within six feet of prisoners.
Housing and Social Distancing To help prevent the spread of COVID-19 in the housing areas of the Broward County Jail and to allow the Class to better protect themselves from the risks associated with the spread of COVID-19 in the housing areas of the Broward County Jail, the Settlement addresses the identification of all persons who are vulnerable to serious illness or death because of COVID19 infection, including all medically vulnerable persons; the housing of all medically vulnerable persons so they can maintain social distancing of at least six feet from others when possible and in a non-punitive setting in single cells, or, at a minimum, not in cells with other prisoners whose COVID-19 status is unknown or with those who have pending tests or who are symptomatic; a housing plan that would allow, where possible, prisoners to maintain six feet of social distance from others while in their cells (including implementation of head-to-foot sleeping) and common areas, including dayrooms, dining areas, recreation areas, and bath and shower rooms; and the
14 The parties dispute whether the Sheriff had been performing certain protocols and procedures addressed in the Settlement prior to commencement of the instant litigation, and their respective positions are reflected in that Agreement. However, because these factual disputes are not material to the Court’s review of the Settlement for preliminary approval purposes and because the parties are submitting this motion jointly, the summary of the Settlement’s terms here does not include discussion of these differences.
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laying out of tape markers at six-foot increments in areas where persons are required to line up or congregate for medications, security searches of cells and housing units, recreation, and food service.
The Settlement addresses the housing of persons who test positive for COVID-19 in medical isolation in individual cells in separate housing units, not in cells or on tiers with nonpositive, test-pending, or symptomatic persons; the housing of symptomatic persons in medical isolation in individual cells in separate housing units, not in cells or on tiers with positive or other symptomatic persons; and the restriction of the transfer of prisoners from other jurisdictions and within the Jail facilities, unless necessary as detailed in the Settlement.
Screening, Testing, and Contact Tracing The Settlement addresses the testing of all of the following for COVID-19 infection: (1) prisoners and staff who display symptoms; (2) prisoners who are exposed to a person who has tested positive for COVID-19; and, (3) prisoners who are medically vulnerable persons and who have been incarcerated for a minimum of 72 hours, except where such person meets the criteria for testing as outlined in ¶¶ 43(1) and 43(2) of the Settlement. The Settlement also addresses the identification of persons who came into contact with others (staff or prisoners) who test positive or are symptomatic and apply clinically appropriate cohorting, quarantining, and medical isolation procedures; the clinical monitoring of persons who are quarantined or medically isolated for known or suspect exposure to COVID-19, including conducting twice-daily temperature checks, symptom screening, and pulse-oxygenation testing; and no-cost vaccinations for seasonal influenza (“flu shots”) to all prisoners to the extent Defendant’s medical vendor is able to procure such vaccinations.
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Quarantining, Cohorting, Medical Isolation, and Medical Care The Settlement addresses CDC-compliant cohorting, quarantining, and medical isolation procedures for those who test positive, who are symptomatic, or those who have come into close contact with such persons, including Jail staff. The Settlement addresses the cohorting of newly admitted persons for 14 days in separate housing units and the monitoring of them on a daily basis for COVID-19 infection before they are transferred to units in other Jail facilities, except for prisoners who require mental health or medical services necessitating their being moved to the infirmary, where they will thereafter be cohorted for 14 days. To encourage the reporting of COVID-19 symptoms and potential cases, the Settlement addresses the waiver of all co-payments for sick calls for any individual reporting COVID-19 related symptoms, such as fever, cough, diarrhea, aches, or breathing difficulties, and that all routine medical appointments shall include CDC-compliant COVID-19 symptom screening and temperature checks.
PPE, Cleaning and Disinfecting Procedures, and Personal Hygiene Supplies The Settlement addresses the provision to prisoners of two face coverings that can be used as well as sanitized or replaced per manufacturers’ instructions; the provision to Jail staff of face coverings and other PPE and supplies appropriate to their duties in the Jail as recommended by CDC Guidance; and the provision to prisoners of sufficient CDC-compliant equipment and supplies to clean and disinfect their cells, dayrooms, and common areas and surfaces on a daily basis and throughout the day. Education and Transparency The Settlement addresses instructing prisoners on the latest CDC and other public health guidance on COVID-19, including best practices about preventing COVID-19 infection and
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transmission, including instruction in a manner adequate for Class Members with low literacy or for whom English is not their primary language. The Settlement addresses the tracking of and reporting upon statistics and other data concerning COVID-19 infection and transmission in the Jail.
Monitoring Plaintiffs and their retained experts are entitled to conduct reasonable monitoring of the Jail’s compliance with this Agreement including the right to inspect the Jail, interview staff and Class Members, request and receive documents and information while off-site, review and receive copies of relevant records, and observe practices related to compliance with the provisions of this Agreement. All recorded images from inside the Jail shall be subject to review by Defendant, who has the right to object on security grounds to the introduction of any such images into the public record, and may provide Plaintiffs with redacted images of such recordings.
Expiration of Settlement The Settlement shall expire in its entirety upon the earliest of: (1) twelve (12) months from the date of final approval of the Agreement if the COVID-19 emergency orders (“Emergency Orders”) for both the State of Florida and Broward County have been lifted as of that date; (2) subsequent to twelve (12) months from the date of final approval of the Agreement but before fifteen (15) months from the date of final approval of the Agreement on any date when the Emergency Orders are lifted; or (3) fifteen (15) months from the date of final approval of the Agreement. The Settlement Is Fair, Reasonable, and Adequate, and the Class Satisfies Rule 23’s Requirements. The proposed Settlement is fair, reasonable, and adequate. The Settlement is detailed and puts in place a variety of specific mitigation measures to improve COVID-19-related
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sanitation, hygiene, and medical monitoring at every Jail facility. The Settlement entitles Plaintiffs and their retained experts to conduct reasonable monitoring of the Jail’s compliance with the Settlement, including the right to inspect the Jail, interview staff and Class Members, request and receive documents and information while off-site, review and receive copies of relevant records, and observe practices related to compliance with the provisions of the Settlement. Finally, the Settlement provides for a dispute resolution procedure in front of this Court in the event of Defendant’s non-compliance with the measures in the Settlement.
The Class described in the Settlement, moreover, satisfies all the requirements of Rule 23 for settlement purposes. And the Notice designed to communicate the Settlement to the Class satisfies all applicable requirements of law, including Rule 23 and constitutional due process.
Accordingly, the Parties seek preliminary approval of the Settlement, certification of the Class, approval of the Notice, and the setting of a schedule for the final approval process. A proposed Preliminary Approval Order for the Settlement is attached as Exhibit 2 to this motion and as Exhibit 1 to the Settlement.
ARGUMENT This Court Should Grant Preliminary Approval of the Settlement. The Parties’ hard-fought and fairly negotiated Settlement satisfies the criteria for preliminary approval under Rule 23, and the proposed Class is proper. Therefore, this Court should issue an Order granting preliminary approval of the Parties’ proposed class settlement, preliminary certification of the Class defined in the Settlement, and approval of the proposed notice to the Class. 1. The Legal Standard for Preliminary Approval Rule 23(e) requires judicial approval for the compromise of claims brought on a class basis. “Such approval is committed to the sound discretion of the district court.” In re U.S.
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Oil & Gas Litig., 967 F.2d 489, 493 (11th Cir. 1992). In exercising that discretion, courts are mindful of the “strong judicial policy favoring settlement as well as by the realization that compromise is the essence of settlement.” Bennett v. Behring Corp., 737 F.2d 982, 986 (11th Cir. 1984). The policy favoring settlement is especially relevant in class actions and other complex matters, where the inherent costs, delays, and risks of continued litigation might otherwise overwhelm any potential benefit the class could hope to obtain. See, e.g., Ass’n for Disabled Americans, Inc. v. Amoco Oil Co., 211 F.R.D. 457, 466 (S.D. Fla. 2002) (“There is an overriding public interest in favor of settlement, particularly in class actions that have the well-deserved reputation as being most complex.”) (citing Cotton v. Hinton, 559 F.2d 1326, 1331 (5th Cir. 1977)); see also 4 NEWBERG ON CLASS ACTIONS § 11.41 (4th ed. 2002) (citing cases). “Preliminary approval is appropriate where the proposed settlement is the result of the parties’ good faith negotiations, there are no obvious deficiencies and the settlement falls within the range of reason.” Smith v. Wm. Wrigley Jr. Co., 2010 WL 2401149, at *2 (S.D. Fla. June 15, 2010).
In reviewing a proposed settlement for procedural fairness, “[s]ettlement negotiations that involve arm’s length, informed bargaining with the aid of experienced counsel support a preliminary finding of fairness.” Almanazar v. Select Portfolio Servicing, Inc., 2015 WL 10857401, at *1 (S.D. Fla. Oct. 15, 2015); see also MANUAL FOR COMPLEX LITIGATION, Third, § 30.42 (West 1995) (“A presumption of fairness, adequacy, and reasonableness may attach to a class settlement reached in arm’s-length negotiations between experienced, capable counsel after meaningful discovery.” (internal quotation marks omitted)).
In assessing the substance of any settlement, courts in this Circuit also look to six so-called “Bennett” factors: “(1) the likelihood of success at trial; (2) the range of possible recovery; (3) the point on or below the range of possible recovery at which a settlement is fair,
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adequate and reasonable; (4) the complexity, expense and duration of litigation; (5) the substance and amount of opposition to the settlement; and (6) the stage of the proceedings at which the settlement was achieved.” Bennett, 737 F.2d at 986. Courts may engage in a “preliminary evaluation” of these factors to determine whether the settlement falls within the range of reason at the preliminary approval stage. See, e.g., Smith, 2010 WL 2401149, at *2.
The Settlement Is the Product of a Good-Faith, Informed, and Arm’sLength Negotiation. A class action settlement should be approved so long as a district court finds that “the settlement is fair, adequate and reasonable and is not the product of collusion between the parties.” Cotton, 559 F.2d at 1330; see also Lipuma v. Am. Express Co., 406 F. Supp. 2d 1298, 318-19 (S.D. Fla. 2005) (approving class settlement where the “benefits conferred upon the Class are substantial, and are the result of informed, arms-length negotiations by experienced Class Counsel”). The Settlement is the result of intensive, arm’s-length negotiations between experienced attorneys who are familiar with class action litigation involving incarcerated persons, and with the legal and factual issues of this case. Indeed, certain counsel for Plaintiffs and counsel for Defendant have previously litigated and settled class-action matters involving the Broward County Jail. See, e.g., Carruthers v. Israel, No. 76-cv-06086 (S.D. Fla.). Counsel for both Plaintiffs and Defendant engaged in extensive, adversarial negotiations for several months, exchanging numerous proposals. The Parties’ negotiations were conducted in the absence of collusion. In negotiating this Settlement, counsel for Plaintiffs were informed by hundreds of interviews conducted with current and former inmates. Moreover, during negotiations, Defendant agreed to provide certain discovery about current conditions at the Jail and COVID-19 testing
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results and to take certain steps to improve conditions in the Jail while the parties engaged in settlement discussions. (Joint Motion for a Temporary Stay of Proceedings, Barnett v. Tony, No. 20-cv-61113 (S.D. Fla. June 25, 2020), ECF No. 20.) That discovery and Defendant’s agreement to institute certain testing, cohorting, quarantine, and medical co-pay policies helped provide Plaintiffs with “sufficient information to adequately evaluate the merits of the case and weight the benefits against further litigation.” Francisco v. Numismatic Guaranty Corp. of America, 2008 WL 649124, at *11 (S.D. Fla. Jan. 31, 2008).
The Settlement Satisfies the Bennett Factors. This Court may conduct a preliminary review of the Bennett factors to determine whether the Settlement falls within the “range of reasonableness” such that notice and a final hearing as to the fairness, adequacy, and reasonableness of the Settlement are warranted. Almanzar, 2015 WL 10857401, at *1. Here, the Bennett factors weighs in favor of approving the Settlement. Likelihood of Success at Trial. While Plaintiffs and Settlement Class Counsel are confident in the strength of their case, they are also pragmatic in their awareness of the various defenses available to Defendant, as well as the risks inherent to litigation. Defendant maintains that Plaintiffs’ constitutional rights have not been violated during their confinement in the Jail facilities during the COVID-19 pandemic, and there are significant procedural hurdles to relief through a litigated judgment. Moreover, even if Plaintiffs were successful, Defendant could seek appellate review of any decision or of the class certification, potentially delaying any remedy for the class. See Lipuma, 406 F. Supp. 2d at 1322 (likelihood that appellate proceedings could delay class recovery “strongly favor[s]” approval of a settlement). This Settlement provides substantial, immediate relief to Class Members to address numerous conditions at the Jail facilities that pose a serious risk of injury or death to Plaintiffs. As
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a result of the Settlement, Class Members have been assured, among other things, that they will have access to sufficient PPE, hygiene, and cleaning supplies and information about protecting themselves from COVID-19. (Settlement ¶¶ 52-61.) The Settlement ensures that, where possible, Class Members will be able to keep six feet of social distance from other detainees. (Settlement ¶¶ 36-37.) Further, as a result of the Settlement, Defendant has instituted a number of procedures meant to protect Class Members from the spread of COVID-19 in the Jail. (E.g., Settlement ¶ 36 (Defendant implemented a housing plan that would allow, where possible, prisoners to maintain six feet of social distance from others while in their cells and common areas); ¶ 43 (Defendant instituted procedure to test all prisoners who are medically vulnerable and who have been incarcerated for a minimum of seventy-two (72) hours); ¶ 53 (Defendant instituted procedure to provide prisoners with two face coverings that can be used as well as sanitized or replaced per manufacturers’ instructions); and ¶ 64 (Defendant instituted procedure to monitor medically vulnerable prisoners who do not meet the criteria determined for the released to have twice-daily temperature checks and other preventative measures detailed in the Settlement).) The fact is that settlement will ensure safer conditions in the Jail facilities for the Class Members far sooner than a litigated outcome. Even expedited litigation in the context of a TRO motion could take months and would involve substantial fact and expert discovery, lengthy pretrial proceedings in this Court and the appellate courts, and, ultimately, a trial and potential appeals. As COVID-19 runs rampant in Florida, Plaintiffs risk serious illness or death without the protective measures secured by the Settlement. Under the circumstances, the Parties determined that the Settlement outweighs the risks of continued litigation.
Range of Possible Recovery and the Point on or Below the Range of Recovery at Which a Settlement Is Fair. When evaluating “the terms of the compromise in relation to the
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likely benefits of a successful trial . . . the trial court is entitled to rely upon the judgment of experienced counsel for the parties.” Cotton, 559 F.2d at 1330. “Indeed, the trial judge, absent fraud, collusion, or the like, should be hesitant to substitute its own judgment for that of counsel.” Id. Courts have determined that settlements may be reasonable even where Plaintiffs recover only part of the relief requested in their complaint. See Behrens v. Wometco Enters., Inc., 118 F.R.D. 534, 542 (S.D. Fla. 1988) (“[T]he fact that a proposed settlement amounts to only a fraction of the potential recovery does not mean the settlement is unfair or inadequate.”); see also Ass’n for Disabled Americans, Inc., 211 F.R.D. at 468 (noting Plaintiffs obtained “most” of the injunctive relief they sought in the complaint). Settlement Class Counsel have a thorough understanding of the practical and legal issues they would continue to face litigating these claims against Defendant. In this case, Plaintiffs face a number of challenges to secure relief. Given the substantial benefits that the Settlement provides to Class Members and the extraordinary public health crisis that the Settlement aims to address, the Settlement is fair and represents a reasonable recovery for the Class in light of Defendant’s defenses and the challenging and unpredictable path of litigation Plaintiffs would have faced absent a settlement. Moreover, the Settlement preserves the rights of Class Members to seek additional relief on an individual basis as circumstances warrant, up to and including release.
Complexity, Expense, and Duration of Litigation. The traditional means for handling claims like those at issue here would unduly tax the court system, require a massive expenditure of public and private resources, and ultimately would be impracticable in these unique circumstances. The Settlement is the best vehicle for Class Members to receive the relief to which they are entitled in a prompt and efficient manner. Ongoing litigation would involve substantial and expensive fact and expert discovery, lengthy pretrial proceedings in this Court and the
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appellate courts, and, ultimately, a trial and potential appeals. Absent the Settlement, litigation would likely continue many more months, at a minimum, and given the serious risks associated with COVID-19, lengthy litigation would not serve the best interests of the Class. In short, time is of the essence here. Without the protections assured by the Settlement, the Class Members risk serious illness or even death as Florida sees a growing spike in COVID-19 cases.15 The protections and procedures detailed in the Settlement give Class Members the best chance of protecting themselves from the spread of COVID-19 while confined to the Jail.
Stage of the Proceedings. Courts consider the stage of proceedings at which settlement is achieved “to ensure that Plaintiffs had access to sufficient information to adequately evaluate the merits of the case and weigh the benefits of settlement against further litigation.” Lipuma, 406 F. Supp. 2d at 1324. Still, “courts favor early settlement” and “vast formal discovery need not be taken.” Id. Further, “[i]nformation obtained from other cases may be used to assist in evaluating the merits of a proposed settlement of a different case.” Id. at 1325.
Plaintiffs settled the Action after months of interviews with dozens of Class Members and review of certain discovery data and information from Defendant. Further, Plaintiffs were informed by publicly available reporting on the rise of COVID-19 cases in the country and Florida and other litigations across the country concerning COVID-19 conditions in other prisons and jails. Given the extraordinary circumstances of this case, review of this information and the interviews allowed Settlement Class Counsel to evaluate with confidence the strengths and
15 Danielle Waugh, Gov. DeSantis’ Office Pledges No Lockdown in Florida as COVID Cases Spike, WEAR-TV (Nov. 16, 2020) (noting Florida added more than 10,000 new COVID-19 cases in a single day over the November 13–November 15 weekend, “a number the state hasn’t seen since the summer surge”), https://weartv.com/news/local/gov-desantis-office-pledges-nolockdown-in-florida-as-covid-cases-spike.
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weaknesses of Plaintiffs’ claims and prospects for success at class certification, summary judgment, and trial. Id.; see also Numismatic Guaranty Corp., 2008 WL 649124, at *11.
Preliminary Certification of the Settlement Class Is Appropriate. To certify a settlement class, the Court must determine that the proposed class (i) satisfies the Rule 23(a) factors common to all class actions, and (ii) is one of the three proper types of class actions under Rule 23(b). See Borcea v. Carnival Corp., 238 F.R.D. 664, 676 (S.D. Fla. 2006). Those requirements are met here. 1. Each of the Rule 23(a) Factors is Met. Under Rule 23(a), a class action must meet four factors: “(1) the class is so numerous that joinder of all members would be impracticable; (2) there are questions of fact and law common to the class; (3) the claims or defenses of the representatives are typical of the claims and defenses of the unnamed members; and (4) the named representatives will be able to represent the interests of the class adequately and fairly.” Valley Drug Co. v. Geneva Pharmaceuticals, Inc., 350 F.3d 1181, 1187-88 (11th Cir. 2003) (citing Fed. R. Civ. P. 23(a)). Rule 23(a)’s requirements “will be read liberally in the context of a civil rights suit.” Armstead v. Pingree, 629 F. Supp. 273, 279 (M.D. Fla. 1986). The proposed class here satisfies each of the Rule 23(a) requirements. Numerosity. The first Rule 23(a) factor requires only that the class is “so numerous that joinder of all members is impracticable.” Rule 23(a)(1). Generally, a class size of greater than forty is sufficient. See Cox v. Am. Cast Iron Pipe Co., 784 F.2d 1546, 1553 (11th Cir. 1986) (“[G]enerally less than twenty-one is inadequate, more than forty adequate, with numbers between varying according to other factors.” (citations omitted)). The Settlement Class is composed of all current and future detainees at the Broward County Jail, numbering in the thousands, and well in excess of the forty-member threshold for numerosity.
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Commonality. Plaintiffs satisfy Rule 23(a)(2)’s commonality requirement because “there are questions common to the class.” Fed. R. Civ. P. 23(a)(2). To show commonality, class members’ “claims must depend upon a common contention . . . which means that determination of its truth or falsity will resolve an issue that is central to the validity of each one of the claims in one stroke.” Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011). Commonality is a “relatively light burden” that “does not require that all questions of law and fact be common to the putative class members.” Gayle v. Meade, 2020 WL 2744580, at *17 (S.D. Fla. May 22, 2020). Instead, Plaintiffs need only present a “single common question” of law or fact to satisfy Rule 23(a)(2). Wal-Mart, 564 U.S. at 359 (alterations and citation omitted). Commonality is generally satisfied in the civil rights context, because “[a] broad based allegation of civil rights violations typically presents common questions of law and fact.” Lawson v. Wainwright, 108 F.R.D. 450, 455 (S.D. Fla. 1986) (citation and quotation marks omitted).
This action raises a number of issues common to all Class Members, including whether Defendant’s policies and practices around COVID-19, as applied to all members of the putative Class, violated Class Members’ statutory and constitutional rights. This case thus comfortably fits into the long line of cases finding the commonality requirement “satisfied by proof of the existence of systemic policies and practices that allegedly expose putative class members to a substantial risk of harm.” Groover v. Prisoner Transportation Services, LLC, 2018 WL 6831119, at *10 (S.D. Fla. Dec. 26, 2018) (collecting cases); see also Gayle, 2020 WL 2744580, at *17 (“Common questions also circle on the (in)adequacy of ICE’s policies and practices governing the conditions of confinement, including ICE’s failure to follow CDC Guidelines.”).
Typicality. Rule 23(a)(3) requires that “the claims or defenses of the representative parties are typical of the claims or defenses of the class,” meaning the named plaintiffs “possess
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the same interest and suffer the same injury as the class members.” East Texas Motor Freight System Inc. v. Rodriguez, 431 U.S. 395, 403 (1977) (quotation marks and citations omitted). Named plaintiffs’ and the purported class’s claims “need not be identical to satisfy the typicality requirement.” Ault v. Walt Disney World Co., 692 F.3d 1212, 1216 (11th Cir. 2012); see also Kornberg v. Carnival Cruise Lines, Inc., 741 F.2d 1332, 1337 (11th Cir. 1984) (“A factual variation will not render a class representative’s claim atypical unless the factual position of the representative markedly differs from that of other members of the class.”). Rather, typicality is satisfied “if the claims or defenses of the class and the class representatives arise from the same event or pattern or practice and are based on the same legal theory.” Ault, 692 F.3d at 1216 (quotation marks and citation omitted).
The typicality requirement is satisfied here because “[a]ll claims in this class action arise from the same policy.” Ault, 692 F.3d at 1216-17. Specifically, the named Plaintiffs in this case challenge Defendant’s COVID-19 policies and procedures at the Broward County Jail, which are applicable to all Class Members. See Gayle, 2020 WL 2744580, at *21 (“Here, the proposed class members have suffered the same injury because they are subject to the same confinement under the same allegedly unconstitutional conditions caused by the same purported deliberate indifference by the same entity (i.e., ICE) which is exposing them to the same risk of developing COVID-19.”).
Adequacy. The final requirement under Rule 23(a) is satisfied because the named plaintiffs will—and, indeed, already have—adequately and fairly represented all members of the purported class. The adequacy requirement “encompasses two separate inquiries: (1) whether any substantial conflicts of interest exist between the representatives and the class; and (2) whether the representatives will adequately prosecute the action.” Valley Drug Co., 350 F.3d at 1189 (citation
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and quotation marks omitted). As to the first inquiry, a substantial conflict of interest will arise only where “some party members claim to have been harmed by the same conduct that benefitted other members of the class.” Grimes v. Fairfield Resorts, Inc., 331 F. App’x 630, 633 (11th Cir. 2007) (citation omitted). As to the second inquiry, courts ask whether the class representatives “will vigorously prosecute the interests of the class through qualified counsel.” Piazza, 273 F.3d at 1346.
On the first inquiry, named Plaintiffs and all purported Class Members have suffered the same alleged harm with regard to the conditions around COVID-19, and there are no named Plaintiffs or unnamed purported Class Members who have benefited from those conditions. See Ga. Advocacy Office v. Jackson, 2019 WL 8438491, at *7 (N.D. Ga. July 30, 2019) (adequacy requirement met where “Plaintiffs have stated that there are no known conflicts, and the Court f[ound] no conflict based on the matters presented by Defendant and otherwise [wa]s aware of no fundamental conflict of interest between counsel, the class representatives, and the class”). They will therefore all benefit from the relief named Plaintiffs are pursuing in this litigation and from the Settlement.
As to the second inquiry, named Plaintiffs have vigorously prosecuted this action through counsel, who have filed a detailed complaint and preliminary injunction motion wellsupported by voluminous evidence and legal authority. Class counsel have also worked to negotiate a settlement agreement with Defendant that stands to benefit all purported Class Members. In addition, the named Plaintiffs’ claims have been prosecuted by counsel well qualified in civil rights cases, including substantial experience litigating civil rights actions on behalf of detainees. Therefore, the adequacy requirement is satisfied.
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Plaintiffs Meet the Requirements of Rule 23(b)(2) A class may be maintained under Rule 23(b)(2) where “the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole.” For purposes of Rule 23(b)(2), “[t]he focus thus is on the nature of Plaintiffs’ claims, minimizing the need to scrutinize evidence that will be adduced to support the claims.” Anderson v. Garner, 22 F. Supp. 2d 1379, 1382 (N.D. Ga. 1997) (citations omitted). Civil rights cases like this one are “prime examples” of Rule 23(b)(2) cases, Amchem Products, Inc. v. Windsor, 521 U.S. 591, 614 (1997), because “[t]he key to the (b)(2) class is the indivisible nature of the injunctive or declaratory remedy warranted—the notion that the conduct is such that it can be enjoined or declared unlawful only as to all of the class members or as to none of them,” Wal-Mart, 564 U.S. at 360 (quotation marks and citation omitted). That includes civil rights cases brought on behalf of incarcerated individuals. See Braggs v. Dunn, 317 F.R.D. 634, 667 (M.D. Ala. 2016) (“Rule 23(b)(2) has been liberally applied in the area of civil rights, including suits challenging conditions and practices at various detention facilities.” (quotation marks and citations omitted)). Where conditions at a correctional facility reflect “systemwide deficiencies,” such “system-wide relief” is appropriate. Id. (quoting Brown v. Plata, 563 U.S. 493, 532 (2011). As applied here, named Plaintiffs, on behalf of the Class, are seeking and have negotiated with Defendant for class-wide relief to address “systemic deficiencies that create a substantial risk of serious harm,” which is a “well recognized” challenge in the context of jails and prisons. Braggs, 317 F.R.D. at 668; see also Anderson, 22 F. Supp. 2d at 1384 (“[T]he Court observes that numerous courts presented with facts [relating to excessive force] have certified class actions pursuant to Rule 23(b)(2) and issued injunctive orders that governed the conduct of prison
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officials.” (collecting cases)); Ga. Advocacy Office, 2019 WL 8438491, at *7 (holding “it [w]as apparent that injunctive relief can be addressed to the class as a whole” in class action challenging conditions of confinement and discrimination in provision of programs and activities). Thus, this class action can be maintained under Rule 23(b)(2).
Undersigned Counsel Should Be Appointed Class Counsel Under Rule 23(g). When a class is certified, the court must also appoint class counsel under Rule 23(g)(1). In assessing whether counsel is qualified to represent the class, the court must consider: (i) the work counsel has done in identifying or investigating potential claims in the action; (ii) counsel’s experience in handling class actions, other complex litigation, and the types of claims asserted in the action; (iii) counsel’s knowledge of the applicable law; and (iv) the resources that counsel will commit to representing the class. Fed. R. Civ. P. 23(g)(1)(A). All of those factors weigh in favor of appointing the undersigned as class counsel here. They include experienced and dedicated lawyers from the ACLU Foundation of Florida, American Civil Liberties Union Foundation, American Civil Liberties Union National Prison Project, Disability Rights Florida, Inc., and Sullivan & Cromwell LLP. These lawyers have experience litigating complex civil rights class action lawsuits in federal court, concerning both prisoner rights and disability rights. Undersigned counsel have also conducted a thorough investigation concerning conditions at the Broward County Jail as they relate to COVID-19, including interviewing dozens of inmates and consulting with qualified experts. Further, the undersigned have sufficient financial and human resources to litigate this matter and are prepared to “fairly and adequately represent the interests of the class,” Fed. R. Civ. P. 23(g)(1)(B), as they have already done in negotiating the proposed settlement. Therefore, the Court should appoint the undersigned as class counsel.
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The Court Should Approve the Proposed Settlement Class Notice. “Rule 23(e)(1)(B) requires the court to direct notice in a reasonable manner to all class members who would be bound by a proposed settlement, voluntary dismissal, or compromise regardless of whether the class was certified under Rule 23(b)(1), (b)(2), or (b)(3).” MANUAL FOR COMPL. LITIG., § 21.312 (internal quotation marks omitted). The best practicable notice is that which is “reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections.” Mullane v. Cent. Hanover Bank & Trust Co., 339 U.S. 306, 314 (1950). To satisfy this standard, “[n]ot only must the substantive claims be adequately described but the notice must also contain information reasonably necessary to make a decision to remain a class member and be bound by the final judgment or opt out of the action.” Twigg v. Sears, Roebuck & Co., 153 F.3d 1222, 1227 (11th Cir. 1998) (internal quotation marks omitted); see also MANUAL FOR COMPL. LITIG., § 21.312 (listing relevant information). The proposed Notice, attached hereto as Exhibit 3, satisfies all of these criteria. As recited in the Settlement and above, the Notice will inform Class Members of the substantive terms of the Settlement, and will direct them where to obtain additional information about the Settlement. Importantly, the Notice will be available in English, Creole, and Spanish. See Saccoccio v. JP Morgan Chase Bank, N.A., 2013 WL 10847126, at *2 (S.D. Fla. Oct. 4, 2013) (finding a Spanish translation of the English-language version of the notice is “the best practicable notice under the circumstances and is reasonably calculated, under all the circumstances, to apprise the Settlement Class Members of the pendency of this Action”). The Court should therefore approve the Notice. The Court Should Schedule a Fairness Hearing. The last step in the Settlement approval process is a Fairness Hearing, at which the Court will hear all evidence and argument necessary to make its final evaluation of the Settlement.
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Proponents of the Settlement may explain the terms and conditions of the Settlement, and offer

argument in support of final approval. The Court will determine at or after the Fairness Hearing

whether the Settlement should be approved, whether to enter a final order and judgment under

Rule 23(e), and whether to approve Class Counsel’s application for attorneys’ fees and

reimbursement of costs and expenses.

Plaintiffs request that the Court schedule the Fairness Hearing during the week of

February 1, 2021, if that is convenient for the Court. Plaintiffs will file their motion for final

approval of the Settlement, no later than fourteen (14) days prior to the Fairness Hearing.

CONCLUSION

For the reasons stated above, the Parties respectfully move, pursuant to Rule 23 of

the Federal Rules of Civil Procedure, for this Court to issue an Order granting preliminary approval

of the Parties’ Settlement, preliminary certification of the Class defined in the Settlement, and

approval of the proposed Notice to the Class. Further, the Parties request that this Court appoints

the undersigned counsel as Settlement Class Counsel and schedules a Fairness Hearing during the

week of February 1, 2021, subject to the Court’s availability and convenience.

Dated: December 15, 2020

Respectfully submitted,

/s/ Michael R. Piper Michael R. Piper Florida Bar No. 710105 JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 2455 E. Sunrise Blvd., Suite 1000 Fort Lauderdale, FL 33304 Telephone: (954) 463-0100 piper@jambg.com
Attorney for Defendant

/s/ Benjamin James Stevenson Benjamin James Stevenson Florida Bar. No. 598909 ACLU FOUNDATION OF FLORIDA 3 W. Garden St., Suite 712 Pensacola, FL 32502-5636 Telephone: (786) 363-2738 bstevenson@aclufl.org

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Jacqueline Nicole Azis Florida Bar No.101057 ACLU FOUNDATION OF FLORIDA 4023 N. Armenia Ave., Suite 450 Tampa, FL 33607 Telephone: (786) 363-2708 jazis@aclufl.org
Daniel Tilley Florida Bar No. 102882 ACLU FOUNDATION OF FLORIDA 4343 W. Flagler St., Suite 400 Miami, FL 33134 Telephone: (786) 363-2714 dtilley@aclufl.org
Anjana Samant (pro hac vice) Steven M. Watt (pro hac vice) AMERICAN CIVIL LIBERTIES UNION
FOUNDATION 125 Broad St., 18th Fl. New York, NY 10004 Telephone: (212) 549-2500 asamant@aclu.org swatt@aclu.org
Eric Balaban (pro hac vice) AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 ebalaban@aclu.org
Curtis Filaroski Florida Bar. No. 111972 Kathryn Strobach Florida Bar No. 670121 DISABILITY RIGHTS FLORIDA, INC. 1000 N. Ashley Drive, Suite 640 Tampa, FL 32308 Telephone: (850) 488-9071 curtisf@disabilityrightsflorida.org kathryns@disabilityrightsflorida.org
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Suhana S. Han (pro hac vice) Akash M. Toprani (pro hac vice) SULLIVAN & CROMWELL LLP 125 Broad St. New York, NY 10004 Telephone: (212) 558-4000 hans@sullcrom.com toprania@sullcrom.com James H. Congdon (pro hac vice) SULLIVAN & CROMWELL LLP 1700 New York Ave NW Washington, DC 20006 Telephone: (202) 956-7500 congdonj@sullcrom.com Attorneys for Plaintiffs/Petitioners
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Case 0:20-cv-61113-WPD Document 49 Entered on FLSD Docket 12/15/2020 Page 30 of 30 CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was filed via CM/ECF and served on all counsel of record via electronic notices generated by CM/ECF on December 15, 2020.
/s/ Benjamin James Stevenson Benjamin James Stevenson
Florida Bar. No. 598909 ACLU FOUNDATION OF FLORIDA
3 W. Garden St., Suite 712 Pensacola, FL 32502-5636 Telephone: (786) 363-2738
bstevenson@aclufl.org
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Case 0:20-cv-61113-WPD Document 49-2 Entered on FLSD Docket 12/15/2020 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CODY BARNETT, et al.,

Plaintiffs/Petitioners,

Case No. 0:20-cv-61113-WPD

v.

GREGORY TONY,

Defendant/Respondent. /

[PROPOSED] ORDER PRELIMINARILY APPROVING CLASS SETTLEMENT, CERTIFYING SETTLEMENT CLASS, AND DIRECTING NOTICE TO CLASS

THIS CAUSE comes before the Court upon the Joint Motion filed by Plaintiffs

Cody Barnett, et al., (“Plaintiffs”) and the Sheriff of Broward County, Florida, Gregory Tony

(“Defendant”) for an Order granting preliminary approval of the Parties’ proposed class

settlement (the “Settlement”), preliminary certification of the Class defined in the Settlement,

and approval of the proposed notice (the “Notice”) to the Class. Further, the Parties moved for

this Court to appoint the Plaintiffs’ counsel as Settlement Class Counsel and schedule a Fairness

Hearing.

Upon considering the Motion, the Settlement, the record in this proceeding, and

the requirements of law, the Court finds that: (1) this Court has jurisdiction over the subject

matter and Parties to this proceeding; (2) the proposed Class meets the requirements of Rule 23

of the Federal Rules of Civil Procedure and should be preliminarily certified for settlement

purposes; (3) Plaintiff’s counsel shall be appointed as Settlement Class Counsel; (4) the

Settlement is the result of informed, good-faith arm’s-length negotiations between the Parties

and their capable and experiences counsel and is not the result of collusion; (5) the Settlement is

fair, adequate, and reasonable, and within the range of possible final approval under Rule 23, and

Case 0:20-cv-61113-WPD Document 49-2 Entered on FLSD Docket 12/15/2020 Page 2 of 4
should be preliminarily approved; (6) the proposed Notice satisfies Rule 23 and constitutional due process requirements and is reasonably calculated under the circumstances to apprise the Class of the pendency of this Action, preliminary class certification for settlement purposes, and the terms of the Settlement; (7) good cause exists to schedule and conduct a Fairness Hearing, pursuant to Rule 23(e), to assist the Court in determining whether to grant final approval of the Settlement, to certify the Class, for settlement purposes only, and to issue a Final Order and Final Judgement; and (8) this Court shall maintain continuing jurisdiction over these settlement proceedings to assure the effectuation thereof. Accordingly it is
ORDERED AND ADJUDGED that:
1. Unless defined herein, all defined terms in this Order shall have the respective meanings set forth in the Settlement.
2. The Court has conducted a preliminary evaluation of the Settlement for fairness, adequacy and reasonableness. Based on this preliminary evaluation, the Court finds that (i) there is cause to believe that the Settlement is fair, reasonable and adequate and within the range of possible approval, (ii) the Settlement has been negotiated in good faith at arm’s length between experienced attorneys familiar with the legal and factual issues in the class action, (iii) the notice of the material terms of the Settlement to the class members for their consideration and reaction is warranted, and (iv) for settlement purposes, the proposed Class satisfies each of the Rule 23 factors. Therefore, the Joint Motion is GRANTED.
3. No later than ten (10) business days of the entry of this Order, the Settling Defendant shall post the attached notice, in English, Creole, and Spanish, on bulletin boards in each unit of the facilities within the Broward County Jail, including the Main Jail, the
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Joseph V. Conte Facility, the North Broward Bureau, the Paul Rein Detention Facility, and the Central Intake Bureau. This notice shall remain posted for twenty-one (21) days. 4. No later than ten (10) business days of the entry of this Order, and continuing for twenty-one (21) days after the attached notice is first posted, Defendant shall distribute an individual copy of the attached notice, in English, Creole and Spanish, to each Broward County Jail prisoner who is in segregated confinement or who otherwise lacks access to a location where the notice is posted. 5. No later than ten (10) business days of the entry of this order, and continuing for twenty-one (21) days after the attached notice is first posted, Defendant shall distribute an individual copy of the attached notice, in English, Creole, and Spanish, to each new prisoner who arrives at the Broward County Jail. 6. The Clerk shall docket any comments received from the class members. 7. Plaintiffs and Defendant may file briefs addressing the comments of class members and/or the Settlement and a motion for final approval of the Settlement no later than seven (7) days after the attached notice is removed from the Broward County Jail and is no longer distributed to new prisoners at the Broward County Jail. 8. Plaintiff shall file their motion for final approval of the Settlement, no later than fourteen (14) days prior to the Fairness Hearing.
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9. The Court will hold a hearing at

on_____________________________

to consider the joint request of Plaintiffs and Defendant for final approval of the

Settlement.

DONE AND ORDERED in Chambers at Fort Lauderdale, Florida, this ___day

of ____________________________________, 2020.

Copies to: Counsel of Record

WILLIAM P. DIMITROULEAS UNITED STATES DISTRICT JUDGE

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NOTICE: CLASS ACTION SETTLEMENT Broward County Jail System: COVID-19
This Notice is to inform you that a proposed settlement agreement (the “Settlement”) has been reached in Barnett v. Tony, a class action lawsuit challenging certain conditions in the Broward County Jails (“Jails”) in light of the COVID-19 pandemic. The lawsuit and settlement are not for money damages, but to ensure the Jails follow a number of policies and procedures related to, among other things, social distancing, intake procedures, testing, cleaning of cells and common areas, medical care, and provision of cleaning and hygiene supplies to protect prisoners against the spread of COVID-19. The Court must now decide whether to approve the settlement. This notice explains the proposed Settlement, where you can find it, and how you can tell the Court whether you think it is fair.
WHO IS PART OF THE SETTLEMENT CLASS?
The lawsuit was filed in federal court (the “Court”) on June 5, 2020 by the American Civil Liberties Union and Disability Rights Florida (together, “Class Counsel”) on behalf of all individuals confined in the Broward County Jails against the Sheriff of Broward County (“Defendant”).
All persons who are being, or will be, confined in the Broward County Jails while this Settlement remains in effect, are members of the Settlement Class. The Broward County Jails include the Central Intake Bureau (Booking), Main Jail, Joseph V. Conte, North Broward, Paul Rein, and any facilities where the Broward County Sheriff may confine persons in the future. Because the lawsuit does not seek relief for any specific class member, there is no right to opt out of the class.
WHAT ARE THE TERMS OF THE SETTLEMENT?
You can read all the terms of the Settlement via the kiosk or by requesting a copy from your housing deputy. You can also call Class Counsel through the phone number provided below.
Key terms of the Settlement require that Broward County Jails:
1. Provide information on COVID-19, symptoms, transmission, and the purpose and methods for quarantine and medical isolation used by the Jails;

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2. Ensure detainees have adequate access to proper face coverings, cleaning and hygiene supplies, and medical care;
3. Implement a housing plan that, whenever possible, keeps the recommended social distance from other detainees both in cells and in common areas—especially those detainees considered medically vulnerable;
4. Follow quarantine, cohorting, and medical monitoring procedures that are clinically appropriate for detainees who are symptomatic or test positive for COVID-19, who were exposed to symptomatic or infected individuals, or who are medically vulnerable;
5. Test for COVID-19 infection all symptomatic detainees and staff; detainees who are exposed to a person who has tested positive for COVID-19, and; medically vulnerable detainees who have been incarcerated for a minimum of 72 hours;
6. Waive all co-payments for sick calls for any individual reporting COVID-19 related symptoms; and
7. Track and report data concerning COVID-19 infection and transmission in Broward County Jails now and throughout the rest of the pandemic.
Additionally, the Settlement entitles Plaintiffs, and their retained experts, to conduct reasonable monitoring of the Broward County Jails’ compliance with this Settlement. Any disputes about Defendant’s non-compliance with the Settlement will be resolved in the Court where this lawsuit was filed.
Note that the Settlement does not provide for money damages and none will be awarded in this case. This means that you (or any member of the class) are not entitled to a cash payment. However, you are not limited from bringing a claim for money damages if you have such a claim apart from this Settlement. The Settlement also does not limit your ability to file any type of lawsuit based on your individual circumstances.
WHAT ARE THE PROCEDURES AND DEADLINES FOR APPROVAL OF THE SETTLEMENT?
The Court will hold a virtual hearing on the fairness of this Settlement on ______________________ at ________ at the United States District Court, Southern District of Florida, Fort Lauderdale U.S. Federal Building and Courthouse, Courtroom 205B, 299 East Broward Boulevard Fort Lauderdale, Florida 33301.

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Counsel for Plaintiffs and Defendant believe the Settlement is fair and reasonable. It is the result of lengthy negotiations between the two sides. Particularly in light of the risks of prevailing if the case had gone to trial, and the considerable discretion the Court would have in deciding what, if any, relief to order, Class Counsel believes the Settlement terms exceed what likely could have been secured on behalf of the Class had the case continued to litigate the case.
The attorneys who brought the class action will ask the Court to have Defendants pay for their attorneys' fees and expenses. The Court will decide a reasonable amount for these fees and expenses.
Members of the class can object to this Settlement as not being fair, adequate, and/or reasonable. The Court will consider all objections from class members before deciding whether to approve the Settlement. Class members can formally object by sending their written objections to the Court. Before or after filing formal objections, if any are filed, class members may also separately raise any concerns they have with Class Counsel at the below address and phone number.
For more information about this Settlement or the case, or to object to the Settlement, or if you have any information for your attorneys, please contact:
XXX-XXX-XXXX Monday through Friday from 9:00am to 5:00pm (free call from the Broward County Jails—if leaving a message, please speak clearly and spell your name and provide your arrest number).
Written objections to the Court MUST include at the top of the first page the case name (Barnett v. Tony) and case number (No. 0:20-cv-61113-WPD) and include your full name, Broward Sherriff’s Office arrest number, and current detention facility or address.
Objections must be postmarked no later than ________________________, (the Court will not consider objections postmarked after that date), and sent to the following address:
Clerk of the Court United States District Court Southern District of Florida 299 East Broward Boulevard, Room 205F Fort Lauderdale, Florida 33301

Case 0:20-cv-61113-WPD Document 49-3 Entered on FLSD Docket 12/15/2020 Page 4 of 4
Para recibir una copia en español, puede solicitar una copia por medio de los miembros de Broward County Sheriff’s Department. [Creole equivalent]

 
 Case 0:20-cv-61113-WPD Document 49-1 Entered on FLSD Docket 12/15/2020 Page 1 of 19
SETTLEMENT AGREEMENT This Settlement Agreement is entered into between the Settlement Class defined in Paragraph 5, below, Disability Rights Florida, and Sheriff of Broward County, Florida: I. INTRODUCTION 1. On June 5, 2020, Plaintiffs, for themselves and proposed class members confined at the Broward County Jail, filed a complaint and writ of habeas corpus alleging that the fact and conditions of their confinement violated their rights under the Eighth and Fourteenth Amendments, the Americans with Disabilities Act, and the Rehabilitation Act. They sued the Sheriff of Broward County, Florida in his official capacity, seeking remedies to address alleged substantial risks of their contracting the COVID-19 virus, and of suffering serious illness or death should they contract the virus. Plaintiffs contend that Defendant must implement the remedial measures set forth in this Agreement in order to address the ongoing risk from COVID-19 transmission and infection at the Broward County Jail. 2. Defendant asserts that prior to Plaintiffs’ June 5, 2020 filing of the complaint, the Sheriff, his staff, and contracted staff at the Broward County Jail implemented most of the remedial measures Plaintiffs are demanding; that Defendant’s COVID protocols at the Broward County Jail were and remain compliant with the Eighth and Fourteenth Amendment, the Americans with Disabilities Act, and the Rehabilitation Act; and, that Defendant will continue to implement the
remedial measures addressed in this Agreement. Defendant is entering into this Agreement solely to avoid the cost, expense, and uncertainty of litigation and neither this Agreement,
nor any action taken by Defendant pursuant to it, shall in any way be construed as an admission by Defendant of any liability, wrongdoing, or violation of law, regulation, contract or policy in any claim, action, or lawsuit against Defendant.
3. The parties have reached this Agreement after arms-length negotiations. The
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purpose of this Agreement is to address the risk from COVID-19 infection at the Broward County Jail consistent with public health principles. The Class, Disability Rights Florida, and Sheriff stipulate that this agreement is fair, reasonable, and adequate to protect their interests. The parties further stipulate, and jointly request that the Court find, that this Agreement complies in all respects with the Prison Litigation Reform Act, 18 U.S.C. § 3626(a), and that the Court has the authority and sufficient record to enter and approve this Agreement. II. PRELIMINARY AND FINAL APPROVAL OF SETTLEMENT
4. The settling parties shall jointly submit this Settlement Agreement to the Court for Preliminary Approval along with a proposed order for Preliminary Approval providing a schedule for notice, proposed notices (in English, Creole, and Spanish) of Preliminary Approval, objection period, and fairness hearing, and proposed notice of the final remedy for posting upon Final Approval under Rule 23(e) of the Federal Rules of Civil Procedure.
5. Defendant will not oppose a motion filed by Plaintiffs for certification of a Settlement Class for purposes of settlement (“Settlement Class”) of persons who are being, or will be, confined in the Broward County Jail at any time while the Agreement remains in effect, including any facilities where the Defendant may in the future confine persons. The Settlement Class includes but is not limited to persons who are Medically Vulnerable as defined in this Agreement. Should the class not be certified, then this Agreement shall not take effect.
6. Pending approval of the Agreement, the parties shall comply with its terms. III. DEFINITIONS
7. “Settlement Class,” “Plaintiffs,” “detainees,” “patients” and “prisoners” shall mean all persons who are Florida residents who are being, or will be confined in the Broward County Jail, including any facilities where the Defendant may in the future confine persons.
8. “Sheriff” and “Defendant” shall mean the Office of the Broward County Sheriff,
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Gregory Tony, as Sheriff of Broward County, Florida, and any and all of his predecessors or successors in office, and any and all of his deputies, appointees, employees, and contracted entities or staff, who work at the Broward County Jail, or otherwise provide services to the Class.
9. “Settling parties" shall mean the Settlement Class, Disability Rights Florida, and Sheriff.
10. “Jail” shall mean the Broward County corrections facilities, including any facilities where the Defendant may in the future confine the Class.
11. “Directive” shall mean any policy, post order, bulletin, form, order, instructions, or other document setting forth operational standards, the responsibilities of staff, and/or the rights of prisoners.
12. “Cohorting” is the practice of housing together in a unit for a set time a defined group of prisoners in a non-punitive setting.
13. “Quarantine” is the practice of confining together in a unit individuals in a nonpunitive setting who have had close contact with the same person or persons who are suspected or known to be COVID-19 infected.
14. “Medical isolation” refers to the isolation of persons with known or suspected COVID-19 infection in a non-punitive setting consistent with CDC Guidance for purposes of testing, symptoms screening, and/or medical monitoring.
15. “Medical monitoring” refers to a clinical assessment of a patient with known or suspected COVID-19 infection to determine the patient’s condition so as to initiate more assertive care if clinically indicated.
16. “Sick Call” means a request for or encounter regarding health care services by members of the Class.
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17. To “implement” means: a written directive has been drafted and disseminated to all staff responsible for following or applying the directive; all relevant staff have acknowledged receipt of the directive; compliance with the directive is monitored; the directive is consistently applied; and, there are corrective action measures to address lapses in application of the directive.
IV. COVENANTS OF THE SETTLING PARTIES
18. Defendant shall maintain sufficient records to document that the requirements of Section V of this Agreement are being properly implemented and shall make such records available to Plaintiffs either while on site or promptly in response to requests for off-site production. Should Defendant determine it is necessary to revise any directives related to the substantive terms of this Agreement, Defendant shall provide such revisions to Plaintiffs for comment before implementation, unless such revisions require immediate implementation to protect the health and safety of prisoners or staff and in such case Defendant shall provide Plaintiffs with such revisions within 24 hours after implementation; however, nothing herein requires Defendant to adopt any recommendations for changes to such revisions proposed by Plaintiffs. Except as provided herein, all final revised directives shall be produced to Plaintiffs within 72 hours after implementation.
19. Plaintiffs and their retained experts are entitled to conduct reasonable monitoring of the Jail’s compliance with this Agreement including the right to inspect the Jail, interview staff and Settlement Class members, request and receive documents and information while off-site, review and receive copies of relevant records, and observe practices related to compliance with the provisions of this Agreement. When inspecting the Jail, Plaintiffs and any experts retained shall have the right to utilize any necessary equipment, excluding any recording equipment, with prior notice to and approval of Defendant. Such approval shall not be withheld absent reasons
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reasonably related to the security of the facilities. If recording equipment is requested by Plaintiffs and is approved by Defendant, such recording equipment will be provided by, and remain in possession of, Defendant who will utilize it at the direction of Plaintiffs. All recorded images from inside the jail shall be subject to review by Defendant, who has the right to object on security grounds to the introduction of any such images into the public record, and may provide Plaintiffs with redacted images of such recordings. The Court shall resolve by motion all objections related to either Plaintiffs’ request to utilize equipment, to its use after approval, or related to any images, should the parties be unable to do so.
20. Failure by either party to enforce this Agreement, if entered, or any provision with respect to any deadline or any other provision shall not be construed as a waiver of its right to enforce these or other deadlines or provisions of the Agreement.
21. If any circumstance occurs that causes an inability to timely carry out any requirements of the Agreement, the Sheriff shall notify Plaintiffs’ Counsel in writing within three (3) calendar days after the Sheriff becomes aware of the circumstance and its impact on the Sheriff’s ability to perform under the Agreement. The notice shall describe the cause of the inability to perform and the measures taken to prevent or minimize the inability and to remediate its impact. Defendant shall implement all reasonable measures to avoid or minimize any such inability and to remediate its impact. Nothing in this paragraph shall affect Plaintiffs’ ability to enforce this Agreement.
22. The Agreement shall be applicable to, and binding upon, all settling parties, and their respective officers, agents, employees, contractors, assigns, and their successors in office.
23. In the event any provision of this Agreement is declared invalid for any reason by a court of competent jurisdiction, that finding shall not affect the remaining provisions of this
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Agreement. 24. Should a dispute arise over Defendant’s compliance with any terms of this
Agreement or over substantial compliance with the Agreement itself, Plaintiffs shall first notify Defendant, in writing, of the claimed non-compliance and the parties shall confer in an effort to resolve their dispute before seeking relief from the Court. If the parties are unable to resolve their dispute within seven (7) days of the Plaintiffs’ written notice, the dispute is at impasse and either may seek relief from the Court by proper motion. Any motion addressing compliance or substantial compliance must be filed no later than fourteen (14) days after the impasse, absent an agreement or order to extend the filing period. Should a party file a motion for enforcement, contempt, modification, cancellation, or rescission of the Agreement, the Court shall set the matter for an evidentiary hearing, entering an appropriate scheduling order setting discovery deadlines for the hearing, unless otherwise agreed to by the parties. Plaintiffs shall file any motion pursuant to this paragraph no less than thirty (30) days before the 15-month term of this Agreement expires per paragraph 25, below.
25. This Agreement shall expire in its entirety upon the earliest of: A. Twelve (12) months from the date of final approval of the Agreement if the COVID-19 emergency orders (“Emergency Orders”) for both the State of Florida and Broward County have been lifted as of that date; B. Subsequent to twelve (12) months from the date of final approval of the Agreement, but before fifteen (15) months from the date of final approval of the Agreement on any date when the Emergency Orders are lifted; or C. Fifteen (15) months from the date of final approval of the Agreement. Should any motion timely filed under paragraph 24, above, be pending and unresolved by
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the Court at the time of occurrence of an event specified in subsection A, B, or C, above, this Agreement shall not expire until such time as the Court resolves the motion.
Any motion filed under paragraph 24, above, subsequent to the occurrence of an event specified in subsection A, B, or C, above, shall be untimely and the Court shall deny any such motion on that basis.
26. With respect to any motion filed under paragraph 24, above, the Court shall not extend the term of this Agreement if Defendant is in substantial compliance. “Substantial compliance” means the Defendant’s consistent compliance with all material provisions of this Agreement throughout the time the Agreement remains in effect and does not require 100% compliance. Sporadic and isolated deviations from the requirements of this Agreement shall not constitute a failure of substantial compliance, provided that the Sheriff demonstrates that the Jail has (a) implemented a reliable system for tracking compliance and for taking appropriate corrective measures in response to instances of non-compliance, and (b) that the Sheriff has instituted policies, procedures, practices, and resources that are capable of durable and sustained compliance beyond the termination of this Agreement.
27. The Court shall retain jurisdiction to enforce the terms of this Settlement Agreement until the Agreement expires or entry of a Final Order under the terms of Paragraph 24, above.
28. Following expiration of the Agreement and/or entry of a Final Order pursuant to paragraph 24, above, the Court shall retain jurisdiction for the limited purpose of determining the parties’ entitlement to and amount of any award of attorney’s fees and litigation costs, to the extent not previously determined or otherwise resolved by agreement of the parties.
29. The Agreement resolves all claims asserted within this litigation.
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V. SUBSTANTIVE TERMS

Caveat:

Below, this Agreement sets forth the substantive protocols and procedures

the parties have agreed the Sheriff will continue to implement and comply with upon the effective

date of this Agreement. It is the Sheriff’s desire that this Agreement also specifically identify the

protocols and procedures the Sheriff was performing prior to the litigation and prior to any

settlement negotiation. Plaintiffs agree to allow the Sheriff to make that identification via

“Sheriff’s statements,” below; however, Plaintiffs have not verified the Sheriff’s statements via

discovery or other means. Plaintiffs therefore do not intend the inclusion of the Sheriff’s

statements as any form of admission or acknowledgment by the Plaintiffs that the Sheriff’s

statements are factually accurate. The parties agree that the inclusion of the Sheriff’s statements

shall not be construed as Plaintiffs’ admission to, acknowledgement of, or agreement with the

Sheriff’s statements.

30. Defendant shall continue to implement and comply with the following:

ADMISSIONS:

31. Conduct temperature and COVID-19 symptom checks consistent with CDC guidance

at intake/booking.

Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation.

32. Maintain social distancing of at least six feet in intake holding cells and other areas

where newly admitted persons are held before their transfer to Jail facilities where

possible. Defendant shall document all instances where prisoners were not kept at

least six feet apart, providing the reason for why they were not kept at a distance of

six feet, and timely report to Plaintiffs on these instances. Newly admitted prisoners

shall be provided face coverings before entering the booking area. No one shall spend

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more than six (6) hours in the booking area. Staff shall wear face coverings and gloves in the booking area while within six feet of prisoners. The term “face coverings” as used in this Agreement shall mean a covering made of cloth covering the nose and mouth that is capable of being sanitized on a regular basis; and, surgical, KN95, and N95 masks that are utilized and replaced on a regular basis and per manufacturers’ instructions. Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 33. Prominently display in all prisoner housing units, the booking area, and other common areas in an accessible format information on COVID-19 infection (including symptoms, transmission), measures to prevent infection (e.g., frequent hand washing with soap and water or use of hand sanitizer, avoid touching face/eyes, coughing into elbow, wearing face coverings, and social distancing), importance of reporting symptoms, purpose and methods for quarantine and medical isolation. Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. HOUSING & SOCIAL DISTANCING 34. Identify all persons who are vulnerable to serious illness or death because of COVID19 infection, including all medically vulnerable persons. Sheriff’s statement: The Sheriff has instituted this procedure as a result of negotiation with the Plaintiffs. 35. House medically vulnerable persons so they can maintain social distancing of at least six feet from others when possible; be housed in a non-punitive setting in single cells, or, at a minimum, not in cells with other prisoners whose COVID-19 status is unknown or with those who have pending tests or who are symptomatic. Defendant
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shall document all instances where medically vulnerable persons are housed in conditions that did not allow them to maintain a distance of six feet, providing the reason for why they were not kept in conditions that allowed them to be housed six feet apart, and timely report to Plaintiffs on those instances. Sheriff’s statement: The Sheriff had determined to implement this procedure prior to the lawsuit and was proceeding in that regard at the time Plaintiffs filed the litigation. The Sheriff completed implementation after Plaintiffs filed the litigation. 36. Implement a housing plan that would allow, where possible, prisoners to maintain six-feet of social distance from others while in their cells (including implementation of head-to-foot sleeping) and common areas, including day-rooms, dining-areas, recreation-areas, and bath and shower rooms. Defendant shall document all instances where prisoners could not maintain a distance of six feet due to a lack of available bed space, providing the reason for a lack of bed space, and timely report to Plaintiffs on those instances. Sheriff’s statement: The Sheriff has instituted this procedure as a result of negotiation with the Plaintiffs. 37. Lay out tape markers at six-foot increments in areas where persons are required to line up or congregate for medications, security searches of cells and housing units, recreation, and food service. Sheriff’s statement: The Sheriff had determined to implement this procedure prior to the lawsuit and was proceeding in that regard at the time Plaintiffs filed the litigation. The Sheriff completed implementation after Plaintiffs filed the litigation.
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38. House persons who test positive for COVID-19 in medical isolation in individual cells in separate housing units, not in cells or on tiers with non-positive, test-pending, or symptomatic persons.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 39. House symptomatic persons in medical isolation in individual cells in separate housing units, not in cells or on tiers with positive or other symptomatic persons.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 40. Restrict transfers of prisoners from other jurisdictions, unless (1) those persons have pending criminal charges in Broward County, and the Florida Supreme Court lifts the standing order restricting inter-jurisdiction transfers or the jail is otherwise compelled by law to receive the prisoner into custody; or (2) the prisoner is a federal detainee whom the Jail must accept by law or by pre-existing agreement with the United States government.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 41. Restrict transfers of prisoners within the facilities except as necessary for medical evaluation, quarantine or medical isolation, clinical care, extenuating security concerns, release, or to prevent overcrowding. Where transfer is necessary, perform symptom screening and temperature check consistent with CDC recommendations prior to person’s transfer. Sending and receiving facilities shall communicate the COVID status – i.e., positive viral test, negative viral test, close contact of someone COVID-positive or suspected of infection – of any persons transferred between facilities before their transfer, and shall ensure that the transfers and prisoner movement are consistent with CDC Guidance.
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Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 42. Implement lawful alternatives to in-person court appearances where permissible.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. SCREENING, TESTING & CONTACT TRACING
43. Test all of the following for COVID-19 infection: (1) prisoners and staff who display symptoms; (2) prisoners who are exposed to a person who has tested positive for COVID-19; and, (3) prisoners who are medically vulnerable persons and who have been incarcerated for a minimum of 72 hours, except where such person meets the criteria for testing in 43(1) or 43(2), above. Medically vulnerable persons is defined as persons 65 years of age and over, persons who are both age 50 and over and who are hypertensive, and persons of any age who suffer from certain underlying medical conditions which the Centers for Disease Control and Prevention has determined are at an increased risk of severe illness from COVID-19.
Sheriff’s statement: The Sheriff was testing prisoners and staff who displayed symptoms and prisoners who had been exposed to a person who had tested positive for COVID-19 prior to the litigation. The Sheriff has instituted the remainder of this procedure as a result of negotiation with the Plaintiffs.
44. During the life of this Agreement, Defendant shall report to Plaintiffs on efforts made to expand testing to all prisoners and staff at the Jail, and shall comply with CDC Guidance for correctional and detention facilities that expand testing beyond that provided in this Agreement. The parties shall confer regularly as to whether expanded or universal testing should be implemented. These efforts shall include ongoing communications with local and state health officials to secure any testing supplies,
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equipment and personnel necessary to provide expanded or universal testing consistent with public health guidelines Sheriff’s statement: The Sheriff was testing in compliance with CDC guidelines prior to the litigation. The Sheriff has instituted the remainder of this procedure and has expanded testing as a result of negotiation with the Plaintiffs. 45. Identify persons who came into contact with others (staff or prisoners) who test positive or are symptomatic and apply clinically appropriate cohorting, quarantining, and medical isolation procedures. Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 46. Clinically monitor persons who are quarantined or medically isolated for known or suspect exposure to COVID-19, including conducting twice-daily temperature checks, symptom screening, and pulse-oxygenation testing. Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 47. Defendants shall offer at no cost vaccinations for seasonal influenza (“flu shots”) to all prisoners to the extent Defendant’s medical vendor is able to procure such vaccinations. Defendant and the medical vendor shall make their best efforts to procure sufficient vaccinations for all prisoners, and shall notify Plaintiffs if they are unable to do so, and document their efforts. Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. QUARANTINING, COHORTING, MEDICAL ISOLATION, & MEDICAL CARE 48. Implement CDC-compliant cohorting, quarantining, and medical isolation procedures for those who test positive, who are symptomatic, or those who have come into close contact with such persons, including Jail staff.
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Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 49. Cohort newly-admitted persons for 14 days in separate housing units, and monitor them on a daily basis for COVID-19 infection before they are transferred to units in other Jail facilities, except for prisoners who require mental health or medical services necessitating their being moved to the infirmary, where they will thereafter be cohorted for 14 days. Those who are a high escape risk or pose a security threat such that administrative segregation is necessary will be single celled in a unit consistent with their security and classification status.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 50. Do not cohort medically vulnerable infected persons with other infected individuals. If cohorting such individuals is unavoidable, make all feasible accommodations to prevent transmission of other infectious diseases to the higher-risk individual.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 51. Waive all co-payments for sick calls for any individual reporting COVID-19 related symptoms, such as fever, cough, diarrhea, aches, or breathing difficulties. All routine medical appointments shall include CDC compliant COVID-19 symptom screening and temperature checks
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. PPE, CLEANING AND DISINFECTING PROCEDURES. AND PERSONAL HYGIENE SUPPLIES
52. Provide prisoners with two face coverings that can be used as well as sanitized or replaced per manufacturers’ instructions.
14

Case 0:20-cv-61113-WPD Document 49-1 Entered on FLSD Docket 12/15/2020 Page 15 of 19
Sheriff’s statement: The Sheriff has instituted this procedure as a result of negotiation with the Plaintiffs. The Sheriff currently provides one (1) face covering to prisoners and replaces same weekly or as needed.
53. Provide clear instructions to prisoners on the proper use of face coverings, including sanitation procedures and supplies for cloth masks, and instructions on proper donning, doffing, and disposal of PPE; and compliance with applicable CDC Guidelines.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 54. Provide Jail staff with face coverings and other PPE and supplies appropriate to their duties in the Jail as recommended by CDC Guidance, including N95 respirators, surgical masks, protective eye-wear, gloves, and/or gowns/coveralls for those working in units with prisoners who have tested positive or who are symptomatic. Staff shall where possible restrict their movements between units such that they move from areas of low risk of exposure to areas of high risk of exposure, rather than vice versa, per CDC Guidelines.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 55. Instruct and provide assistance on a regular basis and as needed to prisoners with physical, mental health, and developmental disabilities on the proper use and maintenance of face coverings, as appropriate.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 56. Provide prisoners with sufficient CDC-compliant equipment and supplies to clean and disinfect their cells, dayrooms, and common areas and surfaces on a daily basis and throughout the day.
15

Case 0:20-cv-61113-WPD Document 49-1 Entered on FLSD Docket 12/15/2020 Page 16 of 19
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 57. Instruct prisoners with physical, mental health, and developmental disabilities on how to properly clean and disinfect their cells on a daily and as-needed basis.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 58. Instruct prisoners to clean and disinfect high-touch surfaces and common areas throughout the day and provide them with sufficient CDC-compliant cleaning and disinfecting equipment and supplies and protective gear.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 59. Provide cleaning and CDC-complaint disinfecting equipment and supplies such that showers and bathrooms may be cleaned after each use.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 60. Provide prisoners with unrestricted and free access, subject to appropriate supervision, to cleaning, disinfecting, and sanitation supplies, including: a. Disinfectant wipes or other disinfectant products for daily cleaning of cells and common areas, including day-rooms, dining-areas, and bath and shower rooms; b. Sanitation supplies to allow prisoners to wipe down utensils, cups, phones, video-modules, kiosks and other shared “high-touch” surfaces before and after each use; c. Clean water and CDC-compliant disinfectant for use in cleaning and disinfecting cells and common areas; d. Gloves and other protective gear for cleaning cells and common areas; e. Hand soap, with replacements upon request, or hand sanitizer with at least 60 percent alcohol; and
16

Case 0:20-cv-61113-WPD Document 49-1 Entered on FLSD Docket 12/15/2020 Page 17 of 19
f. Disposable paper towels for drying hands. Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. EDUCATION & TRANSPARENCY
61. Instruct prisoners on the latest CDC and other public health guidance on COVID-19, including best practices about preventing COVID-19 infection and transmission. This shall include instruction in a manner adequate for class members with low literacy or for whom English is not their primary language. a. Plaintiffs who test positive and are admitted to special medical units shall be provided individual education by a health care professional.
Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation. 62. Track and report upon statistics and other data concerning COVID-19 infection and transmission in the Jail, including: a. Number of prisoners with confirmed COVID-19 infection (total cumulative); b. Number of prisoners tested (weekly cumulative); c. Number of positive and number of negative results received (weekly cumulative); d. Number of Correction Staff with Confirmed COVID-19 positive (total cumulative); e. Number of Jail Health Staff with Confirmed COVID-19 (total cumulative); f. Total Population in Custody (snapshot); g. Total New Admissions (weekly cumulative); h. Total Pretrial (snapshot); i. Total Sentenced (snapshot);
17

Case 0:20-cv-61113-WPD Document 49-1 Entered on FLSD Docket 12/15/2020 Page 18 of 19
j. Total held on Technical Parole Violation (snapshot); k. Total Aged Fifty (50) and Over (snapshot); l. Total in Infirmary Status (Men’s and Women’s Infirmary) (snapshot); m. Total Pregnant Women in Custody (snapshot); n. Number in Quarantine Status; Exposed (snapshot); o. Number of Persons Under Investigation (PUI) (snapshot); p. Number COVID-19 in Cohorted Housing (snapshot); q. Total Hospitalized that are COVID-19 related (snapshot); r. Hospital Admissions that are COVID-19 related (weekly cumulative); s. Hospital Discharges for COVID-19 admitted patients (weekly cumulative); and t. Deaths that are COVID-19 related (Weekly Cumulative and Total Cumulative). Sheriff’s statement: The Sheriff was performing this procedure prior to the litigation, except that the Sheriff was not reporting to the Plaintiffs. Following commencement of the litigation, the Sheriff has reported the information to the Plaintiffs forthwith upon Plaintiffs’ requests. 63. Report any failure of third party emergency response personnel to respond to medical emergencies at the jail facilities related to COVID-19 to the Broward County Department of Health. Sheriff’s statement: The Sheriff had determined to implement this procedure prior to the lawsuit and was proceeding in that regard at the time Plaintiffs filed the litigation. The Sheriff completed implementation after Plaintiffs filed the litigation. ADDITIONAL PROVISIONS
18

Case 0:20-cv-61113-WPD Document 49-1 Entered on FLSD Docket 12/15/2020 Page 19 of 19

64. If a medically vulnerable prisoner does not meet the criteria determined for their release, they shall be monitored for COVID-19 infection including twice-daily temperature checks and other preventative measures detailed in this Agreement.
Sheriff's statement: The Sheriff has instituted this procedure as a result of negotiation with the Plaintiffs.

Agreed to this _24_th day of November, 2020.

Terrence Lynch. Esq. Counsel for Defendant Gregory Tony Office of the General Counsel for the Broward County Sheriff 2601 West Broward Blvd. Fort Lauderdale, FL 33312 Telephone: (954) 831-8921 Facsimile: (954) 321-5040 Terrence_Lynch sheri ff.org

Benjamin Ste enson Florida bar number 598909 ACLU Foundation of Florida 3 W. Garden St., uite 712 Pensacola FL 3502-5636 Telephone: (786) 363-2738 bstevension clu

For Defendant

ATIO AL PRISO PROJECT OF

THE ACLU 915 15th Street,

.W., 7th fl.

Washington. D.C. 20005 ·

Telephone (202) 393-4930

ebfilabM;,Jc~ rg

By:_ _~ - - !' - - " - -~ - -~ - - - ERIC BALABAN
For Plaintiffs

19

 
 Case 0:20-cv-61113-WPD Document 112 Entered on FLSD Docket 05/13/2021 Page 1 of 3

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

CODY BARNETT, et al.,

Plaintiffs/Petitioners,

Case No. 0:20-cv-61113-WPD

v.
GREGORY TONY,
Defendant/Respondent. /

ORDER CERTIFYING SETTLEMENT CLASS AND APPROVING CLASS SETTLEMENT
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Approval of Class

Settlement and Certification of Settlement Class (the “Motion”) [DE 103], filed by Plaintiffs Cody

Barnett, et al., (“Plaintiffs”), seeking an Order granting approval of the proposed class settlement

(the “Settlement”) and certifying the Class defined in the Settlement The Court has carefully

considered the Motion, the presentation of the parties at the May 10, 2021 fairness hearing in this matter and is otherwise fully advised in the premises. 1

Upon considering the Motion, the Settlement, the record in this proceeding, the

requirements of law, and conducting an evaluation of the Settlement for fairness, adequacy, and

reasonableness the Court finds that: (1) this Court has jurisdiction over the subject matter and

Parties to this proceeding; (2) the proposed Class meets the requirements of Rule 23 of the Federal

Rules of Civil Procedure and should be certified; (3) the Settlement is the result of informed, good-

faith arm’s-length negotiations between the Parties and their capable and experienced counsel and

is not the result of collusion; (4) the Settlement is fair, adequate, and reasonable, and within the

1 Unless defined herein, all defined terms in this Order shall have the respective meanings set forth in the Settlement.

Case 0:20-cv-61113-WPD Document 112 Entered on FLSD Docket 05/13/2021 Page 2 of 3
range of possible final approval under Rule 23, and should be approved; (5) the Notice to the Class satisfies Rule 23 and constitutional due process requirements and was reasonably calculated under the circumstances to apprise the Class of the Action, preliminary class certification for settlement purposes, and the terms of the Settlement; and (6) the Settlement complies with the requirements of the Prison Litigation Reform Act, 18 U.S.C. § 3626 et seq. The Court has reviewed each of the objections filed in the record, including those filed after deadline set for filing objections. For the reasons discussed on the record at the hearing held in this matter on May 10, 2021, the Court overrules the objections filed in the record.
Accordingly, it is ORDERED AND ADJUDGED that: 1. The Court finds that (i) the Settlement is fair, reasonable, and adequate and within the
range of possible approval, (ii) the Settlement has been negotiated in good faith at arm’s length between experienced attorneys familiar with the legal and factual issues in the class action, (iii) the notice of the material terms of the Settlement to the class members for their consideration and reaction is warranted, (iv) the proposed Class satisfies each of the Rule 23 factors, and (v) the Settlement complies in all respects with the requirements of 18 U.S.C. §3626 et seq. 2. The Motion [DE 103] is GRANTED. 3. The Settlement Class is hereby certified of all persons who are being, or will be, confined in the Broward County Jail at any time while the Agreement remains in effect, including any facilities where the Defendant may in the future confine persons. 4. The Settlement Agreement [DE 103-1] is hereby adopted and incorporated into this Order in its entirety by reference herein. 5. The Court shall retain jurisdiction over this action for the purpose of enforcing the

Case 0:20-cv-61113-WPD Document 112 Entered on FLSD Docket 05/13/2021 Page 3 of 3 Settlement Agreement and all other Orders in this action.
6. The Settlement Agreement shall remain posted in all housing unit dayrooms, kiosks and other areas where prisoners are housed during the pendency of this case.
7. The Clerk is directed to CLOSE this case and DENY as moot any pending motions. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 13th day of May, 2021.
Copies furnished to: Counsel of Record

 
 U.S. District Court Southern District of Florida (Ft Lauderdale) CIVIL DOCKET FOR CASE #: 0:20-cv-61113-WPD

Barnett et al v. Tony Assigned to: Judge William P. Dimitrouleas Referred to: Magistrate Judge Lurana S. Snow Cause: 42:1983 State Prisoner Civil Rights

Date Filed: 06/05/2020 Date Terminated: 05/13/2021 Jury Demand: None Nature of Suit: 555 Habeas Corpus (Prison Condition) Jurisdiction: Federal Question

Plaintiff Cody Barnett

represented by Suhana S. Han Sullivan & Cromwell LLP 125 Broad Street New York, NY 10004 212 558-4000 Email: hans@sullcrom.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Akash M. Toprani Sullivan & Cromwell LLP 125 Broad Street New York, NY 10004 212-558-4000 Email: TopraniA@sullcrom.com PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant American Civil Liberties Union Email: asamant@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski 1326 N Bronough St. Tallahassee, FL 32303

(850) 321-8236 ATTORNEY TO BE NOTICED
Daniel Boaz Tilley ACLU Foundation of Florida, Inc. 4343 West Flagler Street Suite 400 Miami, FL 33134 United Sta 786-363-2714 Fax: 786-363-1257 Email: dtilley@aclufl.org ATTORNEY TO BE NOTICED
Eric Balaban National Prison Project of the American Civil Liberties Union 915 15th Street, NW 7th Floor Washington, DC 20005 202-548-6612 Fax: 202-393-4931 Email: EBalaban@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis 4500 Biscayne Blvd. Suite 340 Miami, FL 33137 786-363-2708 Email: jazis@aclufl.org ATTORNEY TO BE NOTICED
James H. Congdon Sullivan & Cromwell, LLP 1700 New York Avenue, N.W., Suite 700 Washington, DC 20006 (202) 956-7500 Email: congdonj@sullcrom.com TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom American Civil Liberties Union

Plaintiff William Bennet

125 Broad St New York, NY 10004 202-393-4930 Email: nrosenbloom@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt American Civil Liberties Union Email: swatt@aclu.org TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson ACLU Foundation of Florida, Inc. Suite 712 3 W. Garden St. Pensacola, FL 32502-5636 7863632738 Fax: 7863631985 Email: bstevenson@aclufl.org ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen Sullivan & Cromwell LLP

Plaintiff Christopher Brown

125 Broad St New York, NY 10004 212-558-4000 Email: OlsenE@sullcrom.com PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address)

PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Jesse Callins

Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address)

Plaintiff Gregory Dunning

TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address)

Plaintiff Bernard Franklin

PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE

Plaintiff Ricardo Gonzales Guerra

ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Heather Lewis

Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban

Plaintiff Robert Morrill

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson

Plaintiff Samuel Paulk

(See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE

Plaintiff Helen Piciacchi

ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Darius Walker Greaves

Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED

Plaintiff

Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED

Todd Watson

represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED
James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021

Plaintiff Disability Rights Florida, Inc.

PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED
represented by Akash M. Toprani (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Anjana Samant (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Curtis Cameron Filaroski (See above for address) ATTORNEY TO BE NOTICED
Daniel Boaz Tilley (See above for address) ATTORNEY TO BE NOTICED
Elizabeth N. Olsen (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Eric Balaban (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Jacqueline Nicole Azis (See above for address) ATTORNEY TO BE NOTICED

James H. Congdon (See above for address) TERMINATED: 02/01/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Nancy Rosenbloom (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven M. Watt (See above for address) TERMINATED: 05/19/2021 PRO HAC VICE ATTORNEY TO BE NOTICED
Suhana S. Han (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Benjamin James Stevenson (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Gregory Tony in his official capacity as Sheriff of Broward County

represented by Christopher J. Stearns , Jr. Johnson Anselmo Murdoch Burke Piper & Hochman PA 2455 E Sunrise Boulevard Suite 1000 Fort Lauderdale, FL 33304 954-463-0100 Fax: 954-463-2444 Email: stearns@jambg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Ross Piper Johnson Anselmo Murdoch Burke Piper & Hochman, P.A. International Building

2455 E Sunrise Boulevard Suite 1000 PO Box 030220 Fort Lauderdale, FL 33304-0220 954-463-0100 Fax: 954-463-2444 Email: piper@jambg.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/05/2020
06/05/2020 06/05/2020 06/05/2020
06/05/2020

# Docket Text

APPLICATION/PETITION (Complaint) for Writ of Habeas

1

Corpus pursuant to 28 U.S.C. 2241 & Complaint For Injunctive

and Declaratory Relief. Filing fee $ 5.00 receipt number

AFLSDC-12988368, filed by Bernard Franklin, Helen Piciacchi,

Christopher Brown, Ricardo Gonzales Guerra, Robert Morrill,

Darius Walker Greaves, William Bennet, Disability Rights

Florida, Inc., Heather Lewis, Cody Barnett, Jesse Callins, Todd

Watson, Samuel Paulk, Gregory Dunning. (Attachments:

# 1 Summon(s) Unexecuted (Sheriff Tony), # 2 Civil Cover

Sheet)(Stevenson, Benjamin) (Entered: 06/05/2020)

2 Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. (pes) (Entered: 06/05/2020)

3 Summons Issued as to Gregory Tony. (pes) (Entered: 06/05/2020)

4 Notice of Pending, Refiled, Related or Similar Actions by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson (Azis, Jacqueline) (Entered: 06/05/2020)

5 Notice of Pending, Refiled, Related or Similar Actions by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson (Stevenson, Benjamin) (Entered: 06/05/2020)

06/06/2020 06/06/2020 06/06/2020 06/06/2020 06/06/2020

6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric Balaban. Filing Fee $ 200.00 Receipt # AFLSDC-12992223 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)
7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anjana Samant. Filing Fee $ 200.00 Receipt # AFLSDC12992224 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)
8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven M. Watt. Filing Fee $ 200.00 Receipt # AFLSDC12992225 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)
9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James H. Congdon. Filing Fee $ 200.00 Receipt # AFLSDC12992227 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)
10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Akash M. Toprani. Filing Fee $ 200.00 Receipt # AFLSDC12992228 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis,

06/06/2020
06/08/2020
06/08/2020 06/08/2020 06/08/2020 06/08/2020 06/25/2020

Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)
11 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Suhana S. Han. Filing Fee $ 200.00 Receipt # AFLSDC-12992229 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)
12 ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING re to the Motions DE# 6 , 7 , 8 , 9 , 10 and 11 . Eric Balaban, Anjana Samant, Steven M. Watt, James H. Congdon, Akash M. Toprani, and Suhana S. Han may appear and participate in this action on behalf of Plaintiffs in the above-styled action. Signed by Judge William P. Dimitrouleas on 6/8/2020. See attached document for full details. (ebz) (Entered: 06/08/2020)
13 ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT Signed by Judge William P. Dimitrouleas on 6/8/2020. See attached document for full details. (ebz) (Entered: 06/08/2020)
14 NOTICE of Attorney Appearance by Michael Ross Piper on behalf of Gregory Tony. Attorney Michael Ross Piper added to party Gregory Tony(pty:dft). (Piper, Michael) (Entered: 06/08/2020)
15 NOTICE of Attorney Appearance by Christopher J. Stearns, Jr on behalf of Gregory Tony. Attorney Christopher J. Stearns, Jr added to party Gregory Tony(pty:dft). (Stearns, Christopher) (Entered: 06/08/2020)
16 ACKNOWLEDGMENT OF SERVICE as to 3 Summons
Issued, 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, and Waiver filed by Gregory Tony. (Piper, Michael) (Entered: 06/08/2020)
17 NOTICE of Filing Declarations by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc.,

Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson of Filing Evidence in Support of Injunctive Relief (Attachments: # 1 Affidavit Clifford Alcenor Declaration, # 2 Affidavit Bakari Artis Declaration, # 3 Affidavit Bakari Artis Supplemental Declaration, # 4
Affidavit Cody Barnett Declaration, # 5 Affidavit Cody Barnett Supplemental Declaration, # 6 Affidavit William Bennett Declaration, # 7 Affidavit William Bennett Supplemental Declaration, # 8 Affidavit Christopher Brown Declaration, # 9 Affidavit Christopher Brown Supplemental Declaration, # 10 Affidavit Jesse Callins Declaration, # 11 Affidavit William Carrion Declaration, # 12 Affidavit Robert Cohen Declaration, # 13 Affidavit Wayne Costello Declaration, # 14 Affidavit Wayne Costello Supplemental Declaration, # 15 Affidavit Daryl Cunningham Declaration, # 16 Affidavit Gregory Dunning Declaration, # 17 Affidavit Brian Evans Declaration, # 18 Affidavit Bernard Franklin Declaration, # 19 Affidavit Bernard Franklin Supplemental Declaration, # 20 Affidavit Darius Walker Greaves Declaration, # 21 Affidavit Darius Walker Greaves Supplemental Declaration, # 22 Affidavit icardo Gonzalez Guerra Declaration, # 23 Affidavit Keith Jinks Declaration, # 24 Affidavit Keith Jinks Supplemental Declaration, # 25 Affidavit Heather Lewis Declaration, # 26 Affidavit Heather Lewis Supplemental Declaration, # 27 Affidavit Rosario Melici Declaration, # 28 Affidavit James Moncur Declaration, # 29 Affidavit James Moncur Supplemental Declaration, # 30 Affidavit Robert Morrill Declaration, # 31 Affidavit Robert Morrill Supplemental Declaration, # 32 Affidavit Samuel Paulk Declaration, # 33 Affidavit Samuel Paulk Supplemental Declaration, # 34 Affidavit Zavier Permenter Declaration, # 35 Affidavit Zavier Permenter Supplemental Declaration, # 36 Affidavit Ashley Perpignand Declaration, # 37 Affidavit Helen Piciacchi Declaration, # 38 Affidavit Helen Piciacchi Supplemental Declaration, # 39 Affidavit Tim Ryan Declaration, # 40 Affidavit Robert Sissle Declaration, # 41 Affidavit Dion Stevenson Declaration, # 42 Affidavit Eldon Vail Declaration, # 43 Affidavit John Vickers Declaration, # 44 Affidavit Todd Watson Declaration, # 45 Affidavit Todd Watson Supplemental Declaration, # 46 Affidavit David West Declaration, # 47 Exhibit Broward County Inmate Handbook, # 48 Exhibit April 17, 2020 Letter from Public Defender to BSO, # 49 Exhibit April 24, 2020 FOPE Safety Committee Letter, # 50 Exhibit May 15, 2020 Letter from Disability Rights Florida to BSO, # 51 Exhibit May 11, 2020 Email from T. Lynch to B. Stull, # 52 Exhibit Medical Examiner

06/25/2020 06/25/2020 06/25/2020 06/25/2020 06/25/2020 07/15/2020

Investigation Report) (Stevenson, Benjamin) (Entered: 06/25/2020)
18 MOTION for Temporary Restraining Order ( Responses due by 7/9/2020), MOTION for Preliminary Injunction by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. (Attachments: # 1 Text of Proposed Order)(Stevenson, Benjamin) (Entered: 06/25/2020)
19 Consent MOTION for Leave to File Excess Pages (ECF 18) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. (Stevenson, Benjamin) (Entered: 06/25/2020)
20 Joint MOTION to Stay Until July 10, 2020 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 7/9/2020 (Stevenson, Benjamin) (Entered: 06/25/2020)
21 ORDER GRANTING MOTION FOR LEAVE TO EXCEED PAGE LIMITS re 19 Motion for Leave to File Excess Pages. Plaintiffs may exceed the 20-page limit by forty-three (43) pages in filing their Motion for a Temporary Restraining Order and/or Preliminary Injunction and Incorporated Memorandum of Law. Signed by Judge William P. Dimitrouleas on 6/25/2020. See attached document for full details. (ebz) (Entered: 06/25/2020)
22 ORDER STAYING CASE. Motion to Stay DE# 20 is GRANTED, this case is STAYED until July 10, 2020. Signed by Judge William P. Dimitrouleas on 6/25/2020. See attached document for full details. (ebz) (Entered: 06/25/2020)
23 Joint MOTION to Stay until July 24, 2020 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 7/29/2020 (Stevenson, Benjamin) (Entered: 07/15/2020)

07/17/2020 07/24/2020 07/27/2020 08/07/2020 08/11/2020 08/12/2020 08/13/2020

24 ORDER STAYING CASE. ORDERED AND ADJUDGED that the Motion DE# 23 is GRANTED; this case is STAYED until July 24, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 on or before July 31, 2020. Responses due by 7/31/2020 Signed by Judge William P. Dimitrouleas on 7/16/2020. See attached document for full details. (ebz) (Entered: 07/17/2020)
25 Joint MOTION to Stay (Aug. 10) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 8/7/2020 (Stevenson, Benjamin) (Entered: 07/24/2020)
26 ORDER Granting 25 Motion to Stay. This case is STAYED until August 10, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 7/27/2020. See attached document for full details. (cds) (Entered: 07/27/2020)
27 Joint MOTION for a Continued Stay by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 8/21/2020 (Stevenson, Benjamin) (Entered: 08/07/2020)
28 ORDER STAYING CASE; granting 27 Joint Motion for a Continued Stay. Case stayed until 8/21/2020. Signed by Judge William P. Dimitrouleas on 8/11/2020. See attached document for full details. (jas) (Entered: 08/11/2020)
29 Joint MOTION for Protective Order (HIPPA) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. (Attachments: # 1 Text of Proposed Order Agreed Order)(Stevenson, Benjamin) (Entered: 08/12/2020)
30 ORDER REFERRING MOTION AND DISCOVERY. ORDER REFERRING CASE to Magistrate Judge Lurana S. Snow for Discovery Matters. ORDER REFERRING 29 Joint MOTION for

08/16/2020 08/20/2020 09/02/2020 09/03/2020 09/04/2020

Protective Order (HIPPA) filed by Ricardo Gonzales Guerra, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Darius Walker Greaves, Helen Piciacchi, Jesse Callins, Todd Watson, Robert Morrill, Cody Barnett, William Bennet, Christopher Brown, Samuel Paulk, Heather Lewis. Motions referred to Judge Lurana S. Snow. Signed by Judge William P. Dimitrouleas on 8/13/2020. See attached document for full details. (ebz) (Entered: 08/14/2020)
31 ORDER granting 29 Joint Motion for Protective Order. See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 8/16/2020. (sl00) (Entered: 08/16/2020)
32 Joint MOTION to Stay (Sept. 4, 2020) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 9/3/2020 (Stevenson, Benjamin) (Entered: 08/20/2020)
33 ORDER STAYING CASE. The Motion DE# 32 is GRANTED; this case is STAYED until September 4, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 8/24/2020. See attached document for full details. (ebz) (Entered: 09/03/2020)
34 Joint MOTION to Stay (Sept. 18, 2020) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 9/17/2020 (Stevenson, Benjamin) (Entered: 09/03/2020)
35 ORDER STAYING CASE. Motion DE# 34 is GRANTED; this case is STAYED until September 18, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 9/4/2020. See attached document for full details. (ebz) (Entered: 09/04/2020)

09/12/2020 09/18/2020 09/20/2020
10/01/2020 10/02/2020 10/22/2020 10/23/2020
11/05/2020 11/06/2020

36 GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 9/12/2020. (jz) (Entered: 09/14/2020)
37 Joint MOTION to Stay by Gregory Tony. Responses due by 10/2/2020 (Attachments: # 1 Text of Proposed Order)(Piper, Michael) (Entered: 09/18/2020)
38 ORDER STAYING CASE. ORDERED AND ADJUDGED that the Motion DE# 37 is GRANTED; this case is STAYED until October 2, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 9/18/2020. See attached document for full details. (ebz) (Entered: 09/21/2020)
39 Joint MOTION to Stay by Gregory Tony. Responses due by 10/15/2020 (Attachments: # 1 Text of Proposed Order)(Piper, Michael) (Entered: 10/01/2020)
40 ORDER Staying Case granting 39 Joint Motion for a Continued Stay. Staying Case until 10/23/2020. Signed by Judge William P. Dimitrouleas on 10/2/2020. See attached document for full details. (ls) (Entered: 10/02/2020)
41 Joint MOTION to Stay by Gregory Tony. Responses due by 11/5/2020 (Attachments: # 1 Text of Proposed Order Proposed Order)(Piper, Michael) (Entered: 10/22/2020)
42 ORDER STAYING CASE. Motion to Stay DE# 41 is GRANTED. This case is STAYED until November 6, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 10/23/2020. See attached document for full details. (ebz) (Entered: 10/26/2020)
43 Joint MOTION to Stay by Gregory Tony. Responses due by 11/19/2020 (Attachments: # 1 Text of Proposed Order)(Piper, Michael) (Entered: 11/05/2020)
44 ORDER STAYING CASE. Motion to Stay DE# 43 is GRANTED. This case is STAYED until November 30, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P.

11/30/2020 12/01/2020 12/10/2020 12/11/2020 12/15/2020
12/17/2020

Dimitrouleas on 11/6/2020. See attached document for full details. (ebz) (Entered: 11/06/2020)
45 NOTICE of Settlement Tentative by Gregory Tony (Piper, Michael) (Entered: 11/30/2020)
46 ORDER ON NOTICE OF SETTLEMENT. The parties shall file their Motion for Preliminary Approval of Settlement on or before December 10, 2020. All present deadlines are suspended pending the Parties timely filing a Joint Motion for Preliminary Approval Settlement and Provisional Certification of the Class. (Motions due by 12/10/2020) Signed by Judge William P. Dimitrouleas on 11/30/2020. See attached document for full details. (ebz) (Entered: 12/01/2020)
47 Joint MOTION for Extension of Time to file Motion for Preliminary Approval of Settlement re 46 Notice of Court Practice/to Appear/Other,, Set/Reset Deadlines, by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 12/28/2020 (Stevenson, Benjamin) (Entered: 12/10/2020)
48 ORDER granting 47 Motion for Enlargement of Time. The Parties shall have until December 15, 2020 to file their Motion for Preliminary Approval of Settlement. (Motions due by 12/15/2020). Signed by Judge William P. Dimitrouleas on 12/11/2020. See attached document for full details. (mc) (Entered: 12/11/2020)
49 Joint MOTION for Preliminary Approval of Class Settlement & Class Certification re 46 Notice of Court Practice/to Appear/Other,, Set/Reset Deadlines, by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson.
(Attachments: # 1 Exhibit Executed Settlement Agreement, # 2 Exhibit Proposed Order for Preliminary Approval and Settlement Class Certification, # 3 Exhibit Notice to Class)(Stevenson, Benjamin) (Entered: 12/15/2020)
50 JOINT FILING OF REVISED NOTICE by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability

12/31/2020 01/06/2021 01/13/2021 01/29/2021 02/01/2021

Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson re 49 Joint MOTION for Preliminary Approval of Class Settlement & Class Certification re 46 Notice of Court Practice/to Appear/Other,, Set/Reset Deadlines, of Filing Revised Notice (Attachments: # 1 Exhibit Revised Notice of Class Action Settlement) (Stevenson, Benjamin) Modified text on 12/18/2020 (ebz). (Entered: 12/17/2020)
51 MOTION to Withdraw as Attorney by James H. Congdon for / by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 1/14/2021 (Stevenson, Benjamin) (Entered: 12/31/2020)
52 ORDER PRELIMINARILY APPROVING 49 CLASS ACTION SETTLEMENT AND CERTIFYING THE SETTLEMENT CLASS. Final Approval Hearing set for 5/10/2021 10:00 AM in Fort Lauderdale Division before Judge William P. Dimitrouleas. Signed by Judge William P. Dimitrouleas on 1/6/2021. See attached document for full details. (scn) (Entered: 01/06/2021)
53 Joint MOTION to Amend/Correct 52 Order,, Terminate Motions,, Set/Reset Deadlines/Hearings, by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 1/27/2021 (Attachments: # 1 Exhibit Proposed Order)(Stevenson, Benjamin) (Entered: 01/13/2021)
54 ORDER ON JOINT MOTION TO MODIFY PRELIMINARY APPROVAL ORDER re 53 Motion to Amend/Correct, is GRANTED in part. Signed by Judge William P. Dimitrouleas on 1/29/2021. See attached document for full details. (ebz) (Entered: 02/01/2021)
55 ORDER GRANTING MOTION TO WITHDRAW re 51 Motion to Withdraw as Attorney. James H. Congdon representing Barnett, Cody (Plaintiff) and Bennet, William (Plaintiff) and Brown, Christopher (Plaintiff); and Callins, Jesse (Plaintiff); and Dunning, Gregory (Plaintiff); and Franklin, Bernard (Plaintiff); and Gonzales Guerra, Ricardo (Plaintiff); and Lewis, Heather

02/04/2021 02/22/2021 02/22/2021 02/23/2021 02/24/2021 03/03/2021
03/05/2021
03/08/2021

(Plaintiff); and Morrill, Robert (Plaintiff); and Paulk, Samuel (Plaintiff); and Piciacchi, Helen (Plaintiff); and Walker Greaves, Darius (Plaintiff); and Watson, Todd (Plaintiff); and Disability Rights Florida, Inc. (Plaintiff); withdrawn from case. Notice of Termination delivered by US Mail to James Congdon. Signed by Judge William P. Dimitrouleas on 2/1/2021. See attached document for full details. (ebz) (Entered: 02/01/2021)
56 Letter from Pierre de Tarnowsky (ebz) (Entered: 02/04/2021)
57 MOTION to Produce copy of lawsuit, MOTION for Extension of Time to File Response. by Stanley Wilson. (ebz) (Entered: 02/23/2021)
58 MOTION to Produce copy of suit, MOTION for Extension of Time to File Response by John J. Merritt Jr.. (ebz) (Entered: 02/23/2021)
60 MOTION for Extension of Time to File Response and MOTION to Produce Copy of the law suit by John J. Merritt Jr.. (ebz) (Entered: 02/24/2021)
59 ORDER REQUIRING EXPEDITED RESPONSE. Parties shall file a Joint Response to the Motions DE# 57 and DE# 58 on or before Wednesday, March 3, 2021. (Responses due by 3/3/2021) Signed by Judge William P. Dimitrouleas on 2/24/2021. See attached document for full details. (ebz) (Entered: 02/24/2021)
61 RESPONSE to Motion re 58 MOTION to Produce MOTION for Extension of Time to File Response/Reply/Answer, 57 MOTION to Produce MOTION for Extension of Time to File Response/Reply/Answer filed by Gregory Tony. Replies due by 3/10/2021. (Attachments: # 1 Affidavit)(Piper, Michael) (Entered: 03/03/2021)
62 ORDER denying as moot 57 Motion to Produce; Denying as moot 57 Motion for Extension of Time to File Response/Reply/Answer ; Denying as moot 58 Motion to Produce; Denying as moot 58 Motion for Extension of Time to File Response/Reply/Answer. Signed by Judge William P. Dimitrouleas on 3/5/2021. See attached document for full details. (lk) (Entered: 03/08/2021)
63 ORDER DENYING MOTION TO EXTEND AND MOTION TO PRODUCE AS MOOT re DE# 60 SecondMotion to Produce Copies of the Lawsuit and Motion for Extension of Time to File a Response. Signed by Judge William P. Dimitrouleas on

03/08/2021
03/15/2021 03/16/2021 03/16/2021 03/17/2021
03/17/2021
03/23/2021 03/30/2021 03/31/2021 03/31/2021 03/31/2021 03/31/2021 03/31/2021 03/31/2021

3/8/2021. See attached document for full details. (ebz) (Entered: 03/08/2021)

64 CLERK'S NOTICE of Compliance Copy of Order mailed to John J. Merritt, Jr. re 63 Order on Motion for Extension of Time to File Response/Reply/Answer,, Order on Motion to Produce, (ebz) (Entered: 03/08/2021)

65 NOTICE Of Objection by Willton Ken Herbert (ebz) (Entered: 03/16/2021)

66 MOTION for Extension of Time to file a Response by Thomas D Lee. Responses due by 3/30/2021 (ebz) (Entered: 03/17/2021)

67 MOTION to Produce Documents by Thomas D Lee. (ebz) (Entered: 03/17/2021)

68 ORDER ON MOTION TO PRODUCE COPIES OF THE LAWSUIT AND FOR EXTENSIONS OF TIME reDE# 66 Motion for Extension of Time and DE# 67 Motion to Produce are DENIED as moot. Signed by Judge William P. Dimitrouleas on 3/17/2021. See attached document for full details. (ebz) (Entered: 03/17/2021)

69 CLERK'S NOTICE of Compliance Copy of Order mailed to Thomas Lee re 68 Order on Motion for Extension of Time,, Order on Motion to Produce, (ebz) (Entered: 03/17/2021)

70 Letter from Benjamin Coffield in reference to the Lawsuit (ebz) Modified text on 3/24/2021 (ebz). (Entered: 03/24/2021)

71 Letter to the Court from Brian Kirk. (kpe) (Entered: 03/30/2021)

Letter to the Court from Leroy Seymour Jr. (kpe) (Entered:

72

03/31/2021)

73 Letter to the Court from George Cinmante. (kpe) Modified text on 4/1/2021 (kpe). (Entered: 04/01/2021)

74 Letter to the Court from A.B. (kpe) Modified text on 4/1/2021 (kpe). (Entered: 04/01/2021)

75 Letter to the Court from Peter Davis. (kpe) (Entered: 04/01/2021)

76 Letter to the Court from Sean C. (kpe) (Entered: 04/01/2021)

77 Letter to the Court from Brenton Sneed. (kpe) (Entered: 04/01/2021)

04/05/2021 04/09/2021 04/09/2021 04/12/2021 04/12/2021 04/12/2021 04/14/2021 04/14/2021 04/14/2021 04/14/2021 04/14/2021 04/15/2021 04/19/2021 04/19/2021 04/20/2021

78 Letter to the Court from Kenneth A. Frank. (kpe) (Entered: 04/05/2021)
79 Letter to the Court from Trevor Haisley. (kpe) (Entered: 04/12/2021)
80 Letter to the Court from Kenneth A. Frank. (kpe) (Entered: 04/12/2021)
81 Letter to the Court from Antwan Mais. (kpe) (Entered: 04/12/2021)
82 Letter to the Court from Demetrius L. Wallace. (kpe) (Entered: 04/12/2021)
83 Letter to the Court from Fabian Frazier. (kpe) (Entered: 04/12/2021)
84 Letter to the Court from Nathaniel Bryant. (jas) (Entered: 04/14/2021)
85 Letter to the Court from Kishon Bradford. (jas) (Entered: 04/14/2021)
86 Letter to the Court from Darrel L. Grace. (jas) (Entered: 04/14/2021)
87 Letter to the Court from Travis McCree. (jas) (Entered: 04/14/2021)
88 NOTICE of Filing by Rodney Leonard Bell. (kpe) (Entered: 04/15/2021)
89 NOTICE of Filing by Diego Uribe Salazar. (kpe) (Entered: 04/16/2021)
90 NOTICE of Change of Address, Email or Law Firm Name by Jacqueline Nicole Azis (Azis, Jacqueline) (Entered: 04/19/2021)
92 Letter to the Court from Derrick Lovan Baker. (kpe) (Entered: 04/21/2021)
91 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Jacqueline Nicole Azis re 90 Notice of Change of Address, Email or Law Firm Name. Attorney Jacqueline Nicole Azis has not completed the required procedures for updating their information with the Court. After filing a Notice in all pending cases, Attorney is instructed to

04/23/2021 04/28/2021 04/28/2021 04/28/2021 04/30/2021 05/03/2021
05/03/2021
05/03/2021

go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-yourinformation (pt) (Entered: 04/20/2021)

93 Letter to the Court from William Bell. (kpe) (Entered: 04/23/2021)

ORDER On Request To Present Oral Argument On Objection At

94

Class Settlement Fairness Hearing. Order denying 86 Request to

Appear. Signed by Judge William P. Dimitrouleas on

4/27/2021. See attached document for full details. (kpe) (Entered:

04/28/2021)

95 NOTICE of Compliance re 94 04/28/2021)

Order. (kpe) (Entered:

96 Letter to the Court from Jason Brown. (kpe) (Entered: 04/28/2021)

97 Letter to the Court from Derrick L. Baker. (kpe) (Entered: 04/30/2021)

98 Joint MOTION for Extension of Time File motions for awards of attorneys fees and nontaxable litigation expenses re 54 Order on Motion to Amend/Correct, 52 Order,, Terminate Motions,, Set/Reset Deadlines/Hearings, by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 5/17/2021 (Stevenson, Benjamin) (Entered: 05/03/2021)

99 Unopposed MOTION for Leave to Appear Via Video Conference at May 10 Final Approval Hearing . Attorney/Representative: All Plaintiffs' Counsel by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 5/17/2021 (Stevenson, Benjamin) (Entered: 05/03/2021)

100 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for

Elizabeth N. Olsen. Filing Fee $ 200.00 Receipt # AFLSDC14654607 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 5/17/2021 (Stevenson, Benjamin) (Entered: 05/03/2021)

05/03/2021

101 PAPERLESS ORDER granting 100 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Elizabeth N. Olsen. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge William P. Dimitrouleas on 5/3/2021. (mp00) (Entered: 05/03/2021)

05/03/2021

102 ORDER Granting 99 Motion To Allow Appearance At Hearing By Videoconference Technology. Signed by Judge William P. Dimitrouleas on 5/3/2021. See attached document for full details. (kpe) (Entered: 05/03/2021)

05/03/2021 103

MOTION to Approve Consent Judgment by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 5/17/2021 (Attachments: # 1 Exhibit Executed Settlement Agreement, # 2 Exhibit Proposed Order, # 3 Exhibit Vijayan Declaration, # 4 Exhibit Cohen Declaration, # 5 Exhibit 2021.05.03 Email, # 6 Exhibit 2021.04.25 Email, # 7 Exhibit 2021.04.12 Emai, # 8 Exhibit 2021.04.29 Email)(Stevenson, Benjamin) (Entered: 05/03/2021)

05/03/2021

104 NOTICE of Substitute of Vijayan Declaration (ECF 103-3) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves,

Todd Watson re 103 MOTION to Approve Consent Judgment (Attachments: # 1 Exhibit Vijayan Declaration

(Substitute)) (Stevenson, Benjamin) Modified docket text on 5/4/2021 (nc). (Entered: 05/03/2021)

05/05/2021

105 ORDER On Motion For Enlargement Of Time. Order granting 98 Joint Motion for Enlargement of Time to File Motions for Attorney's Fees. Signed by Judge William P. Dimitrouleas on 5/5/2021. See attached document for full details. (kpe) (Entered: 05/06/2021)

05/06/2021

106 NOTICE of Filing Copy of DE [49-1] Settlement Agreement by Elvin I. Lewis (Attachments: # 1 Exhibit Copy of DE [49-1]) (kpe) (Entered: 05/06/2021)

05/07/2021

107 RESPONSE to Motion re 103 MOTION to Approve Consent Judgment filed by Gregory Tony. Replies due by 5/14/2021. (Piper, Michael) (Entered: 05/07/2021)

05/07/2021

108 NOTICE of Filing Letter to the Court Regarding Conditions by Michael Holloway (ail) (Entered: 05/07/2021)

05/10/2021

111 PAPERLESS Minute Entry for proceedings held before Judge William P. Dimitrouleas: Fairness Hearing held on 5/10/2021. The Court reviewed and overruled the objections filed in the record. Order on Motion for Approval of Class Settlement to follow. Total time in court: 50 minutes. Attorney Appearance(s): Eric Balaban, Benjamin James Stevenson, Jacqueline Nicole Azis, Curtis Cameron Filaroski, Anjana Samant, Akash M. Toprani, Elizabeth N. Olsen, Michael Ross Piper, Christopher J. Stearns, Jr, Court Reporter: Ilona Lupowitz, 305-523-5634 / Ilona_lupowitz@flsd.uscourts.gov. (mp00) (Entered: 05/13/2021)

05/11/2021 109

STATUS REPORT VOLUNTARY REPORT OF INFORMATION/UPDATE ADDRESSING VACCINATION OF INMATES by Gregory Tony (Stearns, Christopher) (Entered: 05/11/2021)

05/12/2021 110

STATUS REPORT Supplemental Voluntary Report of Information/Update Addressing Vaccination of Inmates by Gregory Tony (Piper, Michael) (Entered: 05/12/2021)

05/13/2021 112

ORDER Certifying Settlement Class And Approving Class
Settlement. Order granting 103 Motion for Approval of Class Settlement and Certification of Settlement Class. The Clerk is directed to CLOSE this case and DENY as moot any pending motions. Signed by Judge William P. Dimitrouleas on

05/13/2021 05/14/2021 05/17/2021
05/17/2021 05/19/2021
05/19/2021 05/19/2021

5/13/2021. See attached document for full details. (kpe) (Entered: 05/13/2021)
113 Letter to the Court from Jovaun Charoo. (kpe) (Entered: 05/14/2021)
114 Letter to the Court from Michael Johns. (kpe) (Entered: 05/14/2021)
115 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Nancy Rosenbloom. Filing Fee $ 200.00 Receipt # AFLSDC14693134 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/1/2021 (Stevenson, Benjamin) (Entered: 05/17/2021)
116 MOTION to Withdraw as Attorney by Steven M. Watt for / by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/1/2021 (Stevenson, Benjamin) (Entered: 05/17/2021)
117 RESPONSE by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius
Walker Greaves, Todd Watson re 109 Status Report, 110
Status Report Response (Attachments: # 1 Exhibit Wellpath Poster, # 2 Exhibit Amend Materials, # 3 Exhibit Email) (Stevenson, Benjamin) Modified title text on 5/19/2021 (mc). (Entered: 05/19/2021)
118 ORDER granting 116 Motion For Substitution Of Counsel. Steven M. Watt representing Plaintiffs withdrawn from case. Notice of Termination delivered by US Mail to Steven Watt. Signed by Judge William P. Dimitrouleas on 5/19/2021. See attached document for full details. (kpe) (Entered: 05/20/2021)
119 ORDER Of Clarification re 113 Letter. The Court will not address further letters submitted to the Court discussing grievances

05/19/2021 05/20/2021 05/20/2021 05/24/2021 05/26/2021
06/02/2021

unrelated to the class settlement or listing untimely objections to the class settlement. Signed by Judge William P. Dimitrouleas on 5/19/2021. See attached document for full details. (kpe) (Entered: 05/20/2021)
120 ORDER Of Clarification re 114 Letter. The Court will not address further letters submitted to the Court by non-class members. Signed by Judge William P. Dimitrouleas on 5/19/2021. See attached document for full details. (kpe) (Entered: 05/20/2021)
121 NOTICE of Compliance re 119 Order, 120 Order. (kpe) (Entered: 05/20/2021)
122 ORDER granting 115 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Nancy Rosenbloom. Signed by Judge William P. Dimitrouleas on 5/20/2021. See attached document for full details. (kpe) (Entered: 05/20/2021)
123 MOTION to Strike 117 Notice (Other), by Gregory Tony. Responses due by 6/7/2021 (Attachments: # 1 Exhibit Email A, # 2 Exhibit Email Composite B, # 3 Exhibit Email Composite C)(Piper, Michael) (Entered: 05/24/2021)
124 RESPONSE to Motion re 123 MOTION to Strike 117 Notice (Other), filed by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Replies due by 6/2/2021. (Stevenson, Benjamin) (Entered: 05/26/2021)
125 REPLY to Response to Motion re 123 MOTION to Strike 117 Notice (Other), filed by Gregory Tony. (Piper, Michael) (Entered: 06/02/2021)

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