ACCO,TRO,(PLAx),CLOSED,DISCOVERY,MANADR
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Western Division − Los Angeles)
CIVIL DOCKET FOR CASE #: 2:20−cv−03760−RGK−PLA

Rodney Cullors et al v. County of Los Angeles, et al Assigned to: Judge R. Gary Klausner Referred to: Magistrate Judge Paul L. Abrams Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 04/24/2020 Date Terminated: 04/27/2020 Jury Demand: None Nature of Suit: 555 Prisoner Petitions (Prison Conditions) Jurisdiction: Federal Question

Rodney Cullors on behalf of themselves and all others similar situated

represented by Dan Stormer Hadsell Stormer Renick and Dai LLP 128 North Fair Oaks Avenue Pasadena, CA 91103 626−585−9600 Fax: 626−577−7079 Email: dstormer@hadsellstormer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Aaron Michael Littman UCLA School of Law 385 Charles E. Young Drive East Los Angeles, CA 90095 310−825−9562 Email: littman@law.ucla.edu ATTORNEY TO BE NOTICED

Alicia Virani UCLA Law Clinics 385 Charles E Young Drive East Los Angeles, CA 90095 310−825−9562 Email: virani@law.ucla.edu ATTORNEY TO BE NOTICED

Barrett S Litt Kaye McLane Bednarski and Litt LLP 975 East Green Street Pasadena, CA 91106 626−844−7660 Fax: 626−844−7670 Email: blitt@kmbllaw.com ATTORNEY TO BE NOTICED

Catherine Elizabeth Sweetser UCLA Law Clinics 385 Charles E Young Drive East Los Angeles, CA 90095 310−825−9562 Email: csweetser@sshhlaw.com ATTORNEY TO BE NOTICED

Katherine C Hubbard Civil Rights Corps 1601 Connecticut Avenue NW Suite 800 Washington, DC 20009 202−894−6126 Fax: 202−609−8030 Email: katherine@civilrightscorps.org

Plaintiff
Deneal Young on behalf of themselves and all others similar situated

ATTORNEY TO BE NOTICED
Lindsay Battles Kaye McLane Bednarski and Litt LLP 975 East Green Street Pasadena, CA 91106 626−844−7660 Fax: 626−844−7670 Email: lbattles@kmbllaw.com ATTORNEY TO BE NOTICED
Peter J Eliasberg ACLU of Southern California 1313 West 8th Street Suite 200 Los Angeles, CA 90017 213−977−9500 Fax: 213−977−5299 Email: peliasberg@aclusocal.org ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag Hadsell Stormer Renick and Dai LLP 128 North Fair Oaks Avenue Pasadena, CA 91103 626−585−9600 Fax: 626−577−7079 Email: sshanbhag@hadsellstormer.com ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen Hadsell Stormer Renick and Dai LLP 128 North Fair Oaks Avenue Pasadena, CA 91103 626−585−9600 Fax: 626−577−7079 Email: tanya@hadsellstormer.com ATTORNEY TO BE NOTICED
Theresa Zhen Hadsell Stormer Renick and Dai LLP 128 North Fair Oaks Avenue Pasadena, CA 91103 626−585−9600 Fax: 626−577−7079 Email: tzhen@hadsellstormer.com ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Jessica Haviland on behalf of themselves and all others similar situated

Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag

Plaintiff Rany Uong on behalf of themselves and all others similar situated
Plaintiff Mark Avila on behalf of themselves and all others similar situated

(See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman

Plaintiff
Carole Dunham on behalf of themselves and all others similar situated

(See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Leandrew Lewis on behalf of themselves and all others similar situated

Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen

Plaintiff Victor Gutierrez on behalf of themselves and all others similar situated
Plaintiff Jeremiah Farmer on behalf of themselves and all others similar situated

(See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt

Plaintiff Dignity and Power Now

(See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Youth Justice Coalition
V. Defendant County of Los Angeles

Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by Dan Stormer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Aaron Michael Littman (See above for address) ATTORNEY TO BE NOTICED
Alicia Virani (See above for address) ATTORNEY TO BE NOTICED
Barrett S Litt (See above for address) ATTORNEY TO BE NOTICED
Catherine Elizabeth Sweetser (See above for address) ATTORNEY TO BE NOTICED
Katherine C Hubbard (See above for address) ATTORNEY TO BE NOTICED
Lindsay Battles (See above for address) ATTORNEY TO BE NOTICED
Peter J Eliasberg (See above for address) ATTORNEY TO BE NOTICED
Shaleen Ameeta Shanbhag (See above for address) ATTORNEY TO BE NOTICED
Tanya Sukhija−Cohen (See above for address) ATTORNEY TO BE NOTICED
Theresa Zhen (See above for address) ATTORNEY TO BE NOTICED
represented by

Defendant Sheriff Alex Villanueva individual capacity Defendant Sheriff Alex Villanueva official capacity
Defendant Does 1−10, inclusive

Andrew I Baum Glaser Weil Fink Howard Avchen and Shapiro LLP 10250 Constellation Boulevard 19th Floor Los Angeles, CA 90067 310−553−3000 Fax: 310−556−2920 Email: abaum@glaserweil.com ATTORNEY TO BE NOTICED
Justin W Clark Lawrence Beach Allen and Choi PC 100 West Broadway Suite 1200 Glendale, CA 91210−1219 818−545−1925 Fax: 818−545−1937 Email: jclark@lbaclaw.com ATTORNEY TO BE NOTICED
Paul B Beach Lawrence Beach Allen and Choi PC 100 West Broadway Suite 1200 Glendale, CA 91210−1219 818−545−1925 Fax: 818−545−1937 Email: pbeach@lbaclaw.com ATTORNEY TO BE NOTICED
represented by Andrew I Baum (See above for address) ATTORNEY TO BE NOTICED
Justin W Clark (See above for address) ATTORNEY TO BE NOTICED
Paul B Beach (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/24/2020

# Docket Text
1 COMPLAINT Receipt No: ACACDC−26215518 − Fee: $400, filed by Plaintiffs CAROLE DUNHAM, YOUTH JUSTICE COALITION, JESSICA HAVILAND, LEANDREW LEWIS, JEREMIAH FARMER, DENEAL YOUNG, VICTOR GUTIERREZ, RODNEY CULLORS, RANY UONG, DIGNITY AND POWER NOW, MARK AVILA. (Attorney Dan Stormer added to party MARK AVILA(pty:pla), Attorney Dan Stormer added to party RODNEY CULLORS(pty:pla), Attorney Dan Stormer added to party DIGNITY AND POWER NOW(pty:pla), Attorney Dan Stormer added to party CAROLE DUNHAM(pty:pla), Attorney Dan Stormer added to party JEREMIAH FARMER(pty:pla), Attorney Dan Stormer added to party VICTOR GUTIERREZ(pty:pla), Attorney Dan Stormer added to party JESSICA HAVILAND(pty:pla), Attorney Dan Stormer added to party LEANDREW

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LEWIS(pty:pla), Attorney Dan Stormer added to party RANY UONG(pty:pla), Attorney Dan Stormer added to party DENEAL YOUNG(pty:pla), Attorney Dan Stormer added to party YOUTH JUSTICE COALITION(pty:pla))(Stormer, Dan) (Entered: 04/24/2020)
2 CIVIL COVER SHEET filed by Plaintiffs MARK AVILA, RODNEY CULLORS, DIGNITY AND POWER NOW, CAROLE DUNHAM, JEREMIAH FARMER, VICTOR GUTIERREZ, JESSICA HAVILAND, LEANDREW LEWIS, RANY UONG, DENEAL YOUNG, YOUTH JUSTICE COALITION. (Stormer, Dan) (Entered: 04/24/2020)
3 Request for Clerk to Issue Summons on Civil Cover Sheet (CV−71) 2 , Complaint (Attorney Civil Case Opening),,, 1 filed by Plaintiffs MARK AVILA, DIGNITY AND POWER NOW, CAROLE DUNHAM, JEREMIAH FARMER, VICTOR GUTIERREZ, JESSICA HAVILAND, LEANDREW LEWIS, RANY UONG, DENEAL YOUNG, YOUTH JUSTICE COALITION. (Stormer, Dan) (Entered: 04/24/2020)
4 Certification and NOTICE of Interested Parties filed by Plaintiffs MARK AVILA, RODNEY CULLORS, DIGNITY AND POWER NOW, CAROLE DUNHAM, JEREMIAH FARMER, VICTOR GUTIERREZ, JESSICA HAVILAND, LEANDREW LEWIS, RANY UONG, DENEAL YOUNG, YOUTH JUSTICE COALITION, (Stormer, Dan) (Entered: 04/24/2020)
5 NOTICE of Related Case(s) filed by Plaintiffs MARK AVILA, RODNEY CULLORS, DIGNITY AND POWER NOW, CAROLE DUNHAM, JEREMIAH FARMER, VICTOR GUTIERREZ, JESSICA HAVILAND, LEANDREW LEWIS, RANY UONG, DENEAL YOUNG, YOUTH JUSTICE COALITION. Related Case(s): 5:13−cv−0444−VAP−OP (Stormer, Dan) (Entered: 04/24/2020)
6 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland, Leandrew Lewis, Rany Uong, Deneal Young, Youth Justice Coalition. (Attachments: # 1 Declaration of Plaintiffs and Putative Class Members in Support of Petitioners/Plaintiffs' Motion for Class Certification and Application for Temporary Restraining Order, # 2 Declaration of Proposed Class Representatives in Support of Plaintiffs' Motion for Class Certification, # 3 Declaration Declarations of Class Counsel in Support of Motion for Class Certification, # 4 Declaration of Carlos Franco−Paredes, MD, MPH, # 5 Declaration of Dr. Joe Goldenson, # 6 Proposed Order Granting Class Certification) (Attorney Barrett S Litt added to party Mark Avila(pty:pla), Attorney Barrett S Litt added to party Rodney Cullors(pty:pla), Attorney Barrett S Litt added to party Dignity and Power Now(pty:pla), Attorney Barrett S Litt added to party Carole Dunham(pty:pla), Attorney Barrett S Litt added to party Jeremiah Farmer(pty:pla), Attorney Barrett S Litt added to party Victor Gutierrez(pty:pla), Attorney Barrett S Litt added to party Jessica Haviland(pty:pla), Attorney Barrett S Litt added to party Leandrew Lewis(pty:pla), Attorney Barrett S Litt added to party Rany Uong(pty:pla), Attorney Barrett S Litt added to party Deneal Young(pty:pla), Attorney Barrett S Litt added to party Youth Justice Coalition(pty:pla)) (Litt, Barrett) (Entered: 04/24/2020)
7 NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Paul L. Abrams. (lh) (Entered: 04/24/2020)
8 NOTICE TO PARTIES OF COURT−DIRECTED ADR PROGRAM filed. (lh) (Entered: 04/24/2020)
9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non−Resident Attorney Andrea Woods. A document recently filed in this case lists you as an out−of−state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G−64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 04/24/2020)

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10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non−Resident Attorney Alec Karakatsanis. A document recently filed in this case lists you as an out−of−state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G−64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 04/24/2020)
11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non−Resident Attorney Eric Balaban. A document recently filed in this case lists you as an out−of−state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G−64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (lh) (Entered: 04/24/2020)
12 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendants County of Los Angeles, Alex Villanueva(official capacity), Alex Villanueva(individual capacity). (lh) (Entered: 04/24/2020)
13 EX PARTE APPLICATION for Temporary Restraining Order as to the Constitutional Sufficiency of Los Angeles County's Measures to Protect Persons Incarcerated in the Los Angeles County Jail from COVID−19 filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland, Leandrew Lewis, Rany Uong, Deneal Young, Youth Justice Coalition. (Attachments: # 1 Declaration of Representatives for Organization Plaintiffs in Support of Petitioner's/ Plaintiffs' Ex Parte Application for Temporary Restraining Order and Motion for Preliminary Injunction, # 2 Declaration of Barrett S. Litt in Support of Ex Parte, # 3 Declaration of Carlos Franco−Paredes, MD, MPH, # 4 Declaration of Dr. Joe Goldenson, # 5 Declaration of Plaintiffs and Putative Class Members in Support, # 6 Declaration of Proposed Class Representatives) (Litt, Barrett) (Entered: 04/24/2020)
14 NOTICE OF LODGING filed of Proposed Order re EX PARTE APPLICATION for Temporary Restraining Order as to the Constitutional Sufficiency of Los Angeles County's Measures to Protect Persons Incarcerated in the Los Angeles County Jail from COVID−19 13 (Litt, Barrett) (Entered: 04/24/2020)
15 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19−03 (Related Case) filed. Transfer of case declined by Judge Virginia A. Phillips, for the reasons set forth on this order. Related Case No. 5:13−cv−00444 VAP(OPx) (rn) (Entered: 04/24/2020)
16 DECLARATION of Eldon Vail in support of EX PARTE APPLICATION for Temporary Restraining Order as to the Constitutional Sufficiency of Los Angeles County's Measures to Protect Persons Incarcerated in the Los Angeles County Jail from COVID−19 13 filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland, Leandrew Lewis, Rany Uong, Deneal Young, Youth Justice Coalition. (Stormer, Dan) (Entered: 04/24/2020)
17 NOTICE OF ERRATA filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland, Leandrew Lewis, Rany Uong, Deneal Young, Youth Justice Coalition. correcting EX PARTE APPLICATION for Temporary Restraining Order as to the Constitutional Sufficiency of Los Angeles County's Measures to Protect Persons Incarcerated in the Los Angeles County Jail from COVID−19 13 re 13−6 (Litt, Barrett) (Entered: 04/24/2020)

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18 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION for Temporary Restraining Order as to the Constitutional Sufficiency of Los Angeles County's Measures to Protect Persons Incarcerated in the Los Angeles County Jail from COVID−19 13 filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland, Leandrew Lewis, Rany Uong, Deneal Young, Youth Justice Coalition. (Attachments: # 1 Declaration of Tanya Sukhija−Cohen, # 2 Exhibit 1−42)(Sukhija−Cohen, Tanya) (Entered: 04/24/2020)
19 NOTICE of Manual Filing filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland, Leandrew Lewis, Rany Uong, Deneal Young, Youth Justice Coalition of Flash drive containing Audio/Video Exhibits 8, 19, 25, and 41 to Request for Judicial Notice. (Sukhija−Cohen, Tanya) (Entered: 04/24/2020)
20 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19−03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Dolly M. Gee for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:20−cv−03760 DMG(PLAx). (rn) (Entered: 04/25/2020)
21 EX PARTE APPLICATION for Order for Briefing Schedule on Plaintiffs' Ex Parte Application for TRO and Motion for Preliminary Injunction filed by Defendants County of Los Angeles, Alex Villanueva(official capacity). (Attachments: # 1 Exhibit A, # 2 Proposed Order) (Attorney Justin W Clark added to party County of Los Angeles(pty:dft), Attorney Justin W Clark added to party Alex Villanueva(pty:dft)) (Clark, Justin) (Entered: 04/25/2020)
22 Notice of Appearance or Withdrawal of Counsel: for attorney Paul B Beach counsel for Defendants County of Los Angeles, Alex Villanueva. Adding Paul B. Beach as counsel of record for County of Los Angeles and Los Angeles County Sheriff Alex Villanueva, in his official capacity only for the reason indicated in the G−123 Notice. Filed by Defendants County of Los Angeles and Los Angeles County Sheriff Alex Villanueva, in his official capacity only. (Attorney Paul B Beach added to party County of Los Angeles(pty:dft), Attorney Paul B Beach added to party Alex Villanueva(pty:dft))(Beach, Paul) (Entered: 04/25/2020)
23 NOTICE of Interested Parties filed by Defendants County of Los Angeles, Alex Villanueva(official capacity), identifying Plaintiffs Rodney Cullors, Deneal Young, Jessica Haviland, Rany Uong, Mark Avila, Carole Dunham, Leandrew Lewis, Victor Gutierrez, Jeremiah Farmer, Dignity and Power Now, Youth Justice Coalition; Defendants County of Los Angeles and Los Angeles Couty Sheriff Alex Villanueva, in his official capacity only. (Clark, Justin) (Entered: 04/25/2020)
24 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew I Baum counsel for Defendants County of Los Angeles, Alex Villanueva. Adding Andrew Baum as counsel of record for Defendants County of Los Angeles and Los Angeles County Sheriff Alex Villanueva, in His Official Capacity Only for the reason indicated in the G−123 Notice. Filed by Defendants County of Los Angeles and Los Angeles County Sheriff Alex Villanueva, in His Official Capacity Only. (Attorney Andrew I Baum added to party County of Los Angeles(pty:dft), Attorney Andrew I Baum added to party Alex Villanueva(pty:dft))(Baum, Andrew) (Entered: 04/25/2020)
27 ORDER TO REASSIGN CASE due to self−recusal pursuant to General Order 19−03 by Judge Dolly M. Gee. Case transferred from Judge Dolly M. Gee to the calendar of Judge R. Gary Klausner for all further proceedings. Case number now reads as 2:20−cv−03760 RGK(PLAx). (rn) (Entered: 04/27/2020)
25 NOTICE OF ERRATA filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland, Leandrew Lewis, Rany Uong, Deneal Young, Youth Justice Coalition. correcting EX PARTE APPLICATION for Temporary Restraining Order as to the Constitutional Sufficiency of Los Angeles County's Measures to Protect Persons Incarcerated in the Los Angeles County Jail from COVID−19 13 (Attachments: # 1 EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION (formatting corrected))(Litt, Barrett) (Entered: 04/26/2020)

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26 Opposition Opposition re: EX PARTE APPLICATION for Order for Briefing Schedule on Plaintiffs' Ex Parte Application for TRO and Motion for Preliminary Injunction 21 filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland. (Attachments: # 1 Declaration of Barrett S. Litt In Support of Opposition to Defendants' Ex Parte Application to Set Briefing Schedule re Plaintiffs' Application for TRO and Preliminary Injunction)(Litt, Barrett) (Entered: 04/26/2020)
28 Opposition to Plaintiffs' Ex Parte Application for Temporary Restraining Order Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to the Constitutional Sufficiency of Los Angeles County's Measures to Protect Persons Incarcerated in the Los Angeles County Jail from COVID−19 13 filed by Defendants County of Los Angeles, Alex Villanueva. (Attachments: # 1 Declaration of Chief Brendan Corbett, # 2 Declaration of Commander Daniel J. Dyer, # 3 Declaration of Lieutenant Mark Allen, # 4 Declaration of Assistant Sheriff Bruce Chase, # 5 Declaration of Jackie Clark)(Baum, Andrew) (Entered: 04/27/2020)
29 NOTICE of Voluntary Dismissal filed by Plaintiffs Mark Avila, Rodney Cullors, Dignity and Power Now, Carole Dunham, Jeremiah Farmer, Victor Gutierrez, Jessica Haviland, Leandrew Lewis, Rany Uong. Dismissal is without prejudice. (Litt, Barrett) (Entered: 04/27/2020)
30 (IN CHAMBERS) ORDER RE: Defendants' Ex Parte Application for Briefing Schedule on Plaintiffs' Ex Parte Application for Temporary Restraining Order [DE 21 ] by Judge R. Gary Klausner: Defendants' Opposition shall be due no later than 5/1/2020. Plaintiffs' Reply shall be due on later than 5/5/2020, but the Court may consider it earlier if so submitted. (SEE CIVIL MINUTES FOR FURTHER SPECIFICS). (jp) (Entered: 04/27/2020)

 
 Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 1 of 86 Page ID #:1

1 Dan Stormer, Esq. [S.B. #101967]

Shaleen Shanbhag, Esq. [S.B. #301047]

2 Tanya Sukhija-Cohen, Esq. [S.B. #295589]

Theresa Zhen, Esq. [S.B. #300710]

3 HADSELL STORMER RENICK & DAI LLP

128 N. Fair Oaks Avenue

4 Pasadena, California 91103

Telephone: (626) 585-9600

5 Facsimile: (626) 577-7079

Emails: dstormer@hadsellstormer.com

6

sshanbhag@hadsellstormer.com

tanya@hadsellstormer.com

7

tzhen@hadsellstormer.com

8 Barrett S. Litt, Esq. [S.B. #45527]

Lindsay B. Battles, Esq. [S.B. #262862]

9 KAYE, MCLANE, BEDNARSKI, & LITT, LLP

975 E. Green Street

10 Pasadena, CA 91106

Telephone: (626) 844-7660

11 Facsimile: (626) 844-7670

Email: blitt@kmbllaw.com

12

lbattles@kmbllaw.com

13 Attorneys for Petitioners/Plaintiffs

14 [Additional Counsel continued on next page]

15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA

17 RODNEY CULLORS, DENEAL

Case No.:

YOUNG, JESSICA HAVILAND, RANY

18 UONG, MARK AVILA, CAROLE

CLASS ACTION

DUNHAM, LEANDREW LEWIS,

19 VICTOR GUTIERREZ, JEREMIAH

CLASS ACTION PETITION FOR

FARMER, on behalf of themselves and all WRIT OF HABEAS CORPUS AND

20 others similar situated, DIGNITY AND COMPLAINT FOR INJUNCTIVE AND

POWER NOW, YOUTH JUSTICE

DECLARATORY RELIEF

21 COALITION,

1.

Unconstitutional Conditions of

22

Plaintiffs,

Confinement in Violation of the

Fourteenth Amendment of the U.S.

23 vs.

Constitution (42 U.S.C. § 1983/28

U.S.C. 2241)

24 COUNTY OF LOS ANGELES, LOS

2.

Unconstitutional Punishment in

ANGELES COUNTY SHERIFF ALEX

Violation of the Fourteenth

25 VILLANUEVA, and DOES 1-10,

Amendment of the U.S.

inclusive,

Constitution (42 U.S.C. § 1983/28

26

U.S.C. 2241)

27

Defendants.

3.

Unconstitutional Conditions of

Confinement in Violation of the

Eighth Amendment of the U.S.

28

Constitution (42 U.S.C. § 1983/28

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

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 2 of 86 Page ID #:2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CLASS ACTION PETITION FOR WRIT OF HABEAS CORPUS-COMPLAINT FOR INJUNCTIVE & DECLARATORY RELIEF

U.S.C. 2241)

4.

Failure to Accommodate in

Violation of the Americans with

Disabilities Act (42 U.S.C. §

12132)

5.

Discrimination in Violation of the

Americans with Disabilities Act

(42 U.S.C. § 12132)

6.

Failure to Accommodate in

Violation of the Rehabilitation Act

(29 U.S.C. § 794)

7.

Discrimination and Disparate-

Impact Discrimination in Violation

of the Rehabilitation Act (29

U.S.C. § 794)

8.

Cal. Gov’t Code § 11135

9.

Unruh Act (Cal. Civ. Code § 51(f))

10. Cal. Disabled Persons Act (Cal.

Civ. Code § 54(c))

11. California Bane Act (Cal. Civ.

Code § 52.1)

12. Violation of California

Constitution Art. I §7

13. Violation of California

Constitution Art. I § 17

14. Declaratory Relief (Cal. Code Civ.

Proc. § 1060)

IMMEDIATE RELIEF SOUGHT

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 3 of 86 Page ID #:3

1 [Additional Counsel continued from first page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

ACLU OF SOUTHERN CALIFORNIA Katherine C. Hubbard, Esq. [S.B.

3 1313 W. 8th St.

#302729]

Los Angeles, CA 90017

CIVIL RIGHTS CORPS

4 Telephone: (213) 977-9500

1601 Connecticut Ave. NW, Ste. 800

Facsimile: (213) 977-5299

Washington, DC 20009

5 Email: peliasberg@aclu.sc.org

Telephone: (202) 894-6126

Facsimile: (202) 609-8030

6

Email: alec@civilrightscorps.org

katherine@civilrightscorps.org

7

8 Catherine Sweetser, SBN 271142

Alicia Virani, SBN 281187

9 Aaron Littman, SBN 330283

UCLA LAW CLINICS

10 385 Charles E. Young Drive East

Los Angeles, CA 90095

11 (310) 825-9562

Email: csweetser@sshhlaw.com

12

virani@law.ucla.edu

littman@law.ucla.edu

13

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

14 Andrea Woods, Esq.* AMERICAN CIVIL LIBERTIES UNION
15 125 Broad Street, 18th Floor New York, NY 10004
16 Telephone: (212) 549-2528 Facsimile: (212) 607-3329
17 Email: awoods@aclu.org

18

19 *pro hac vice applications forthcoming

20

21

22

23

24

25

26

27

28

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

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 4 of 86 Page ID #:4

1

CLASS ACTION PETITION FOR WRIT OF HABEAS CORPUS AND

2

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

3

1. Jails and prisons are rapidly becoming the epicenter of this country’s fight

4 against the novel Coronavirus Disease 2019 (“COVID-19”) and its resulting disease. The

5 rate at which this disease is ravaging the globe is unprecedented in modern society, and an

6 outbreak in Los Angeles County’s jails will cause death and devastation to countless lives,

7 including the people jailed, the people who work in the jail, and their families.

8 Understanding the need for immediate action to slow the spread of this virus and to

9 protect public health, medical experts have urged sweeping protective measures in

10 everyday life.1 Yet the very steps they deem necessary—such as remaining at least six feet

11 apart from other persons through “social distancing,” regular handwashing, adequately

12 cleaning their surroundings, having access to testing and prompt medical attention, and

13 wearing protective gear2—cannot be followed by the people jailed in the Los Angeles

14 County’s correctional and detention facilities due to the actions and inaction by the Los

15 Angeles County and those officials responsible for prisoners’ health and safety.

16

2. As Los Angeles is the State’s most populous county, Los Angeles County has

17 become the epicenter of the COVID-19 pandemic in California. Both the Governor and

18 Los Angeles County officials have declared emergencies and issued “Safer at Home”

19 orders. However, measures to protect the general population from COVID-19 have not

20 been implemented with equal force to protect Los Angeles County’s prison population.

21

3. Given reports that 44 Los Angeles County jail prisoners and 59 Los Angeles

22

23 1 See, e.g., Centers for Disease Control and Prevention, Interim Guidance for
24 Administrators of US K-12 Schools and Child Care Programs, https://cutt.ly/ItRPq5n; Centers for Disease Control and Prevention, Interim Guidance for Administrators and
25 Leaders of Community-and Faith-Based Organizations to Plan, Prepare, and Respond
26 to Coronavirus Disease 2019 (COVID-19), https://cutt.ly/KtRPk1k (last accessed Apr. 19, 2020).
27 2 See, e.g., World Health Organization, Coronavirus, https://cutt.ly/ztWyf7e (last
28 accessed Apr. 19, 2020); Centers for Disease Control and Prevention, How Coronavirus Spreads, https://cutt.ly/CtYRkkC (last accessed Apr. 19, 2020).

CLASS ACTION PETITION FOR WRIT OF

HABEAS CORPUS-COMPLAINT FOR

-1-

INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 5 of 86 Page ID #:5

1 County Sheriff’s Department employees have already tested positive for COVID-19,3 an

2 outbreak in the County’s jails already appears to be underway, with the full scope of

3 infection unclear due to limited testing. However, the Los Angeles County and the

4 officials responsible for operating the Los Angeles County jails have failed to respond to

5 the obvious and urgent threats posed by this growing pandemic. The nearly 12,000 people

6 in the Los Angeles County’s jails are forced to suffer unconstitutional conditions that deny

7 them the precautions and protections necessary to mitigate against the risks of COVID-19.

8

4. In contradiction to public claims by Los Angeles County officials, the people

9 confined inside the jail do not have adequate soap, have no safe way to dry their hands or

10 to maintain a distance of at least six feet of one another, are not being tested for infection

11 even when showing symptoms. They must wait days or even weeks to receive medical

12 attention for COVID-19 related symptoms, share with dozens of other people high-touch

13 surfaces that are infrequently cleaned, and are denied basic hygienic supplies. They also

14 lack access to medical and public health information that they require to understand how

15 this disease is contracted and how the spread can be prevented. Disregarding known,

16 obvious risks of illness and death and needlessly exposing people to a highly fatal

17 infectious disease violates the Eighth and Fourteenth Amendment rights under the U.S.

18 Constitution and rights under other federal and state laws of the people jailed at in the Los

19 Angeles County’s facilities. This indifference also puts the broader community at risk

20 from the creation of a site of widespread contagion.

21

5. People confined in jails and prisons must “be furnished with the basic human

22 needs, one of which is ‘reasonable safety.’” Helling v. McKinney, 509 U.S. 25, 33-34

23 (1993) (citations omitted). Yet Petitioners/Plaintiffs, as well as the class and subclasses

24 they represent, all face imminent risk of serious injury or death due to COVID-19 at Los

25 Angeles County jails. In the midst of a public health crisis, the people confined at the

26 County jails have not been provided adequate safeguards against the severe threat of

27 28 3 Los Angeles County Sheriff’s Department, Coronavirus Information Updates (last
updated Apr. 23, 2020), https://lasd.org/covid19updates/ (last accessed Apr. 23, 2020).

CLASS ACTION PETITION FOR WRIT OF

HABEAS CORPUS-COMPLAINT FOR

-2-

INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 6 of 86 Page ID #:6

1 COVID-19. They ask to be treated humanely while they are in the Los Angeles County’s

2 custody during this perilous time, and decarcerated to the extent possible.

3

6. Petitioners/Plaintiffs are nine individuals held at the Los Angeles County jail

4 facilities. They include persons who are elderly and/or have serious pre-existing medical

5 conditions which the Centers for Disease Control and Prevention (“CDC”) has determined

6 place them at significantly higher risk of severe diseases and death if they contract

7 COVID-19. They claim that the conditions of confinement at the jails create a heightened

8 and unreasonable risk of contracting COVID-19, and a substantial risk of serious illness

9 and death for those who by reason of their age or other medical condition are particularly

10 vulnerable per CDC guidelines. They seek a writ of habeas corpus to secure immediate

11 release of all individuals 55 and older and those with medical conditions that place them at

12 heightened health risk from COVID-19, coupled with appropriate support and conditions

13 upon release, as informed by public health expertise. Release of these vulnerable prisoners

14 will both remove them from a life-threatening situation and permit social distancing

15 measures recommended by the CDC and other public health officials to be implemented

16 for those who remain at the jail. Petitioners/Plaintiffs further seek class-wide relief

17 requiring Defendants to implement CDC and public health measures to prevent the spread

18 of the virus. If the Court does not grant immediate release on the basis of this

19 Petition/Complaint, Petitioners/Plaintiffs request a hearing as soon as possible, given the

20 imminent risks.4

21

JURISDICTION AND VENUE

22

7. This is a civil rights action arising under 42 U.S.C. § 1983, 22 U.S.C. § 2241,

23 and 28 U.S.C. § 2201, et seq., 42 U.S.C. § 1232, 29 U.S.C. § 794, as well as the Eighth

24 and Fourteenth Amendments to the United States Constitution.

25

8. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and

26 4 To the extent the Court declines to release all members of the Medically Vulnerable
27 Subclasses, the Court should release at minimum (1) those for whom bail has been set
28 because a court has already made the determination that they can be safely released notwithstanding bail; and (2) those whose sentences are nearly completed.

CLASS ACTION PETITION FOR WRIT OF

HABEAS CORPUS-COMPLAINT FOR

-3-

INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 7 of 86 Page ID #:7

1 1343(a), 28 U.S.C. § 2241, Article I, § 9, cl. 2 of the U.S. Constitution, and 28 U.S.C.

2 § 1651.

3

9. Venue is proper pursuant to 28 U.S.C. § 1391 because a substantial part of

4 the events and omissions giving rise to these claims occurred and continue to occur in this

5 district.

6

PARTIES

7

10. Petitioner/Plaintiff Rodney O. Cullors is a fifty-eight-year-old man who

8 currently resides in Los Angeles County, California. At all times relevant to this

9 Complaint, Mr. Cullors was in the custody of Los Angeles County at Men’s Central Jail.

10 He has several physical and mental health conditions including hypertension; heart

11 problems; spinal damage requiring use of a wheelchair, cane, and leg brace;

12 schizophrenia; bipolar disorder; and manic depression. He is awaiting trial and is

13 presumptively innocent.

14

11. Petitioner/Plaintiff DeNeal Young is a forty-nine-year-old man who currently

15 resides in Los Angeles County, California. At all times relevant to this Complaint, Mr.

16 Young was in the custody of Los Angeles County at Men’s Central Jail. He has several

17 health conditions, including blood clots in his legs, which have caused him to lose the

18 ability to walk and confined him to a wheelchair. These blood clots also put him at risk of

19 heart attack, pulmonary embolism, and stroke. He is awaiting a resentencing hearing.

20

12. Plaintiff Jessica Haviland is a thirty-nine-year-old woman who currently

21 resides in Los Angeles County, California. At all times relevant to this Complaint, Ms.

22 Haviland was in the custody of Los Angeles County at Century Regional Detention

23 Facility. Ms. Haviland has been exhibiting symptoms commonly associated with COVID-

24 19 but has not been tested for COVID-19. She is awaiting trial and is presumptively

25 innocent.

26

13. Plaintiff Rany Uong is a thirty-seven-year-old woman who currently resides

27 in Los Angeles County, California. At all times relevant to this Complaint, Ms. Uong was

28 in the custody of Los Angeles County at Century Regional Detention Facility. She is

CLASS ACTION PETITION FOR WRIT OF

HABEAS CORPUS-COMPLAINT FOR

-4-

INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 8 of 86 Page ID #:8

1 serving a sentence.

2

14. Petitioner/Plaintiff Mark Avila is a thirty-three-year-old man who currently

3 resides in Los Angeles County, California. At all times relevant to this Complaint, Mr.

4 Avila was in the custody of Los Angeles County at Men’s Central Jail. He has severe

5 chronic asthma, diabetes, liver disease, and a blood disorder. He is awaiting trial and is

6 presumptively innocent.

7

15. Petitioner/Plaintiff Carole Dunham is a thirty-year-old woman who currently

8 resides in Los Angeles County, California. At all times relevant to this Complaint, Ms.

9 Dunham was in the custody of Los Angeles County at Century Regional Detention

10 Facility. She has Type I diabetes. She is serving a sentence.

11

16. Plaintiff LeAndrew Lewis is a twenty-eight-year-old man who currently

12 resides in Los Angeles County, California. At all times relevant to this Complaint, Mr.

13 Lewis was in the custody of Los Angeles County at North County Correctional Facility.

14 He has diabetes, high blood pressure, and has suffered recurrent bouts of bronchitis. He is

15 awaiting trial and is presumptively innocent.

16

17. Petitioner/Plaintiff Victor Gutierrez is a twenty-two-year-old man who

17 currently resides in Los Angeles County, California. At all times relevant to this

18 Complaint, Mr. Gutierrez was in the custody of Los Angeles County at Twin Towers

19 Correctional Facility. He has asthma, sclerosis, inflamed spinal discs, a caloric deficiency,

20 and is pre-diabetic. He is awaiting trial and is presumptively innocent.

21

18. Plaintiff Jeremiah Farmer is a nineteen-year-old man who currently resides in

22 Los Angeles County, California. At all times relevant to this Complaint, Mr. Farmer was

23 in the custody of Los Angeles County at North County Correctional Facility. He is serving

24 a sentence. He is also awaiting trial on other charges and is presumptively innocent of

25 those charges.

26

19. Petitioner/Plaintiff Dignity and Power Now is a 501(c)(3) non-profit

27 organization based in South Central Los Angeles that advocates for the dignity and power

28 of all incarcerated people, their families, and communities. Dignity and Power Now

CLASS ACTION PETITION FOR WRIT OF

HABEAS CORPUS-COMPLAINT FOR

-5-

INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 9 of 86 Page ID #:9

1 provides healing and wellness support for all families affected by incarceration through

2 organizing and advocating for policies that improve the lives of affected communities in

3 Los Angeles County and beyond. Dignity and Power Now works to address the short and

4 long term needs and concerns that their community members face inside and outside of

5 jail. Dignity and Power Now has standing on behalf of its members, whose rights have

6 been violated by Defendants’ conduct. Dignity and Power Now has organizational

7 standing because it diverted and expended its resources to advocate for the

8 implementation of protective measures for prisoners in Los Angeles County jails during

9 the COVID-19 pandemic and to seek the release of medically vulnerable prisoners,

10 including devoting significant staff time to the issue. The mission of Dignity and Power

11 Now is also frustrated by the acts of Defendants.

12

20. Petitioner/Plaintiff Youth Justice Coalition is a 501(c)(3) non-profit

13 organization based in Los Angeles that works to build a youth, family and prisoner-led

14 movement to challenge race, gender and class inequality in California’s detention systems

15 through organizing, advocacy, political education and transformative justice. The Youth

16 Justice Coalition is a grass-roots abolition centered organization that is primarily

17 composed of incarcerated and formerly incarcerated people and that advocates for

18 decarceration. Youth Justice Coalition also provides family support and community

19 engagement through political education, court support (participatory defense), helping

20 youth and adults challenge their placement on the Cal Gang Data Base, know your rights

21 workshops, and free community legal clinics. Youth Justice Coalition has standing on

22 behalf of its members, whose rights have been violated by Defendants’ conduct. Youth

23 Justice Coalition has organizational standing because it diverted and expended its

24 resources to advocate for the implementation of protective measures for prisoners in Los

25 Angeles County jails during the COVID-19 pandemic and to seek the release of medically

26 vulnerable prisoners, including devoting significant staff time to the issue. The mission of

27 Youth Justice Coalition is also frustrated by the acts of Defendants.

28

21. Defendant Los Angeles County (“County”) is a public entity organized and

CLASS ACTION PETITION FOR WRIT OF

HABEAS CORPUS-COMPLAINT FOR

-6-

INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 10 of 86 Page ID #:10

1 existing under the laws of the State of California. The LASD is, and at all times alleged

2 herein, was an agency of the County of Los Angeles. Defendant County controls and

3 operates the County’s jails via is LASD and Sheriff Alex Villanueva. The County is

4 responsible for the custody and care of all persons detained or incarcerated in the County’s

5 jails, and it currently has immediate custody over Petitioners/Plaintiffs (hereinafter

6 “Plaintiffs”) and other putative class members. Los Angeles County, through the LASD,

7 maintains and operates the following detention and correctional facilities: Men’s Central

8 Jail (“MCJ”); Century Regional Detention Facility (“CRDF”); Twin Towers Correctional

9 Facility (“TTCF”) which includes the Inmate Reception Center (“IRC”) and Correctional

10 Treatment Center (“CTC”); and Pitchess Detention Center (“PDC”), which is comprised

11 of four different facilities including the PDC-North, PDC-South, PDC-East, and North

12 County Correctional Facility (“NCCF”).

13

22. Defendant Sheriff Alex Villanueva is the Sheriff of the Los Angeles County

14 Sheriff’s Department (“LASD”) and is being sued in his official and individual capacities.

15 As the Sheriff, Defendant Villanueva has immediate custody of Plaintiffs, and all people

16 incarcerated in County facilities. Sheriff Villanueva is the highest ranking official and

17 policymaker for the County, and is responsible for developing, administering, and

18 enforcing County policies, including those that relate to health and safety. He is

19 responsible for the promulgation of the policies and procedures of the LASD.

20

THE GRAVE RISK OF HARM POSED BY THE COVID-19 PANDEMIC

21

REQUIRES AN EMERGENCY RESPONSE

22

23. For over a month, Los Angeles County has been in the throes of an

23 unprecedented global health emergency.5 On March 11, 2020, the World Health

24 Organization declared the outbreak of COVID-19 a global pandemic.6 Citing “deep[]

25 concern[] both by the alarming levels of spread and severity, and by the alarming levels of

26 5 See World Health Organization, Director-General Opening Remarks (March 11, 2020),
27 https://www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-
28 media-briefing-on-covid-19---11-march-2020 (last accessed Apr. 13, 2020). 6 Id.

CLASS ACTION PETITION FOR WRIT OF

HABEAS CORPUS-COMPLAINT FOR

-7-

INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 11 of 86 Page ID #:11

1 inaction,” it called for countries to take “urgent and aggressive action.”7

2

24. The number of people infected by COVID-19 is growing exponentially.8 On

3 January 1, 2020, the first confirmed COVID-19 case was diagnosed in the United States.9

4 As of April 22, 2020, 828,441 people have been diagnosed with COVID-19 in the United

5 States, with 46,379 deaths confirmed.10 Nationally, CDC projections indicate that over

6 200 million individuals in the United States could be infected with COVID-19 over the

7 course of the epidemic without effective public health intervention,11 with the White

8 House estimating as many as 240,000 deaths in the worst projections.12

9

25. As of April 22, 2020, 37,369 people have tested positive for COVID-19 and

10 1,469 people have died in California.13 As of April 23, 2020, 17,508 people have been

11

12

7 Id.; see also Coronavirus: COVID-19 Is Now Officially A Pandemic, WHO Says, NPR (Mar. 11, 2020),

13 https://www.npr.org/sections/goatsandsoda/2020/03/11/814474930/coronavirus-covid-

14

19-is-now-officially-a-pandemic-who-says (last accessed Apr. 13, 2020). 8 The death toll in Italy, which began experiencing this epidemic about a week earlier

15 than the first diagnosed American case, saw a rise of 30% overnight in the 24 hours

16

between March 5, 2020, and March 6, 2020 and a rise of 25% on March 15 alone—a day that killed 368 people in Italy. Crispian Balmer & Angelo Amante, Italy coronavirus

17 deaths near 200 after biggest daily jump, REUTERS (Mar. 6, 2020),

18 https://www.reuters.com/article/us-health-coronavirus-italy/italy-coronavirus-deathsnear-200-after-biggest-daily-jump-idUSKBN20T2ML (last accessed Apr. 13, 2020).

19 9 Derrick Bryson Taylor, A Timeline of the Coronavirus, N.Y. TIMES (Mar. 2020),

20 https://www.nytimes.com/article/coronavirus-timeline.html (last accessed Mar. 24, 2020).

21 10 Centers for Disease Control and Prevention, Coronavirus 2019,

22 https://www.cdc.gov/coronavirus/2019-ncov/cases-in-us.html (last accessed Apr. 23, 2020).

23 11 James Glanz, et al., Coronavirus Could Overwhelm U.S. without Urgent Action,

24 Estimates Say, N.Y. TIMES (Mar. 20, 2020), available at https://www.nytimes.com/interactive/2020/03/20/us/coronavirus-model-us-

25 outbreak.html (last accessed Apr. 13, 2020).

26 12 Rick Noack, et al., White House Task Force Projects 100,000 to 240,000 Deaths in U.S., Even with Mitigation Efforts, WASH. POST. (April 1, 2020, 12:02 a.m.),
27 https://cutt.ly/5tYT7uo (last accessed Apr. 19, 2020).

28 13 California Department of Public Health, COVID-19 Updates (last updated Apr. 23, 2020),

CLASS ACTION PETITION FOR WRIT OF

HABEAS CORPUS-COMPLAINT FOR

-8-

INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 12 of 86 Page ID #:12

1 diagnosed with COVID-19 in Los Angeles County, with 797 deaths confirmed.14

2

26. COVID-19 is highly contagious. The virus is thought to spread through

3 respiratory droplets or by touching a surface or object that has the virus on it.15 COVID-19

4 is thought to survive for three hours in the air in droplet form, up to twenty-four hours on

5 cardboard, up to two days on plastic, and up to three days on steel.16

6

27. Infected people—who may be asymptomatic and not even know they are

7 infected—can spread the disease even through indirect contact with others.17 Given that

8 many people are asymptomatic transmitters and very few people have been tested,18 the

9 number of people diagnosed with COVID-19 reflects only a small portion of those

10 / / /

11

12 https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Immunization/ncov2019.aspx

13 (last accessed Apr. 23, 2020).

14 14 Los Angeles County Department of Public Health, Novel Coronavirus in Los Angeles County (Apr. 23, 2020), http://publichealth.lacounty.gov/media/Coronavirus/

15 (last accessed Apr. 23, 2020).

16 15 Centers for Disease Control and Prevention, Coronavirus Factsheet (Mar. 3, 2020), https://www.cdc.gov/coronavirus/2019-ncov/downloads/2019-ncov-factsheet.pdf (last

17 accessed Apr. 13, 2020).

18 16 Neeltje van Doremalen et al., Aerosol and Surface Stability of SARS-CoV-2 as Compared with SARS-CoV-1, NEW ENGLAND J. MEDICINE (Mar. 17, 2020),

19 https://www.nejm.org/doi/full/10.1056/NEJMc2004973 (last accessed Apr. 13, 2020).

20 17 See, e.g., Allison Aubrey, The New Coronavirus Can Live On Surfaces For 2-3 Days — Here's How To Clean Them, NPR, (Mar. 14, 2020),

21 https://www.npr.org/sections/health-shots/2020/03/14/811609026/the-new-coronavirus-

22 can-live-on-surfaces-for-2-3-days-heres-how-to-clean-them (last accessed Apr. 13, 2020); Cai J, Sun W, Huang J, Gamber M, Wu J, He G. Indirect virus transmission in

23 cluster of COVID-19 cases, Wenzhou, China, 2020. 26 EMERG INFECT DIS. 6, (2020),

24

https://doi.org/10.3201/eid2606.200412 (last accessed Mar. 20, 2020). 18 Roni Caryn Rabin, They Were Infected with the Coronavirus. They Never Showed

25 Signs, N.Y. Times (Feb. 26, 2020, updated Mar. 6, 2020),

26 https://www.nytimes.com/2020/02/26/health/coronavirus-asymptomatic.html (last accessed Apr. 13, 2020); Aria Bendix, A Person Can Carry And Transmit COVID-19

27 Without Showing Symptoms, Scientists Confirm, SCIENCE ALERT (Feb. 24, 2020),

28 https://www.sciencealert.com/researchers-confirmed-patients-can-transmit-thecoronavirus-without-showing-symptoms (last accessed Apr. 13, 2020).

CLASS ACTION PETITION FOR WRIT OF

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INJUNCTIVE & DECLARATORY RELIEF

Case 2:20-cv-03760-RGK-PLA Document 1 Filed 04/24/20 Page 13 of 86 Page ID #:13

1 infected.19

2

28. Everyone is at risk of contracting COVID-19, but certain populations are at

3 higher risk for severe illness from COVID-19. People of any age with lung disease or

4 other conditions like asthma, chronic liver or kidney disease, serious heart conditions,

5 diabetes, compromised immune systems, severe obesity, epilepsy, hypertension, blood

6 disorders, inherited metabolic disorders, history of stroke, developmental disabilities, and

7 pregnancy face increased risk of serious COVID-19 disease.20 Older individuals also face

8 greater chances of serious illness or death from COVID-19.21

9

29. The experiences of those infected with COVID-19 are “a lot more

10 frightening” than the flu.22 The sensation of acute respiratory distress syndrome has been

11 compared to “essentially drowning in [one’s] own blood.”23 Even relatively young people

12 with minimal health history can be “wiped out” by the virus, “like they’ve been hit by a

13 truck,” and people who are infected by the virus can “all of a sudden” go into complete

14 respiratory failure.24

15

16 19 Melissa Healy, True Number of US Coronavirus Cases is Far Above Official Tally, Scientists Say, L.A. TIMES (Mar. 10, 2020), https://www.msn.com/en-

17 us/health/medical/true-number-of-us-coronavirus-cases-is-far-above-official-tally-

18

scientists-say/ar-BB110qoA (last accessed Apr. 13, 2020). 20 Centers for Disease Control and Prevention, People Who Need To Take Extra

19 Precautions, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-

20 precautions/index.html (last accessed Apr. 14, 2020); Xianxian Zhao, et al., Incidence, clinical characteristics and prognostic factor of patients with COVID-19: a systematic

21 review and meta-analysis (Mar. 20, 2020),

22 https://www.medrxiv.org/content/10.1101/2020.03.17.20037572v1 (last accessed Apr. 23, 2020).

23 21 Centers for Disease Control and Prevention, People Who Need To Take Extra

24 Precautions, https://www.cdc.gov/coronavirus/2019-ncov/need-extraprecautions/index.html (last accessed Apr. 14, 2020).

25 22 Lizzie Presser, A Medical Worker Describes Terrifying Lung Failure From COVID-19

26 — Even in His Young Patients, Propublica (Mar. 21, 2020), https://www.propublica.org/article/a-medical-worker-describes--terrifying-lung-failure-
27 from-covid19-even-in-his-young-patients (last accessed Apr. 13, 2020).

28 23 Id. 24 Id.

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1

30. Patients who do not die from serious cases of COVID-19 may require

2 hospitalization for supportive treatment with intravenous fluids and supplemental oxygen,

3 or more serious care such as ventilation and intravenous antibiotics.

4

31. The current estimated incubation period is between 2 and 14 days.25

5 Approximately 20% of people infected require hospitalization, and of those infected,

6 between 1% and 3.4% die.26 According to recent estimates, the fatality of people infected

7 with COVID-19 is about ten times higher than a severe seasonal influenza, even in

8 advanced countries with highly effective health care systems.27

9

32. There is neither a vaccine nor any known medication to prevent or cure

10 infection from the virus.28 A vaccine is likely at least 12 months away.29

11

33. In the absence of a vaccine or treatment, officials and experts urge “social

12 distancing”—isolating oneself from other people as much as possible, and keeping at least

13 a six foot distance between oneself and other people at all times.30 For this reason,

14

15 25 Coronavirus Disease COVID-19 Symptoms, Centers for Disease Control and

16

Prevention (updated: Mar. 20 2020), https://www.cdc.gov/coronavirus/2019ncov/about/symptoms.html (last accessed Apr. 13, 2020).

17 26 Why COVID-19 is worse than the flu, in one chart, Vox (Mar. 18, 2020),

18 https://www.vox.com/science-and-health/2020/3/18/21184992/coronavirus-covid-19flu-comparison-chart (last accessed Apr. 13, 2020); World Health Organization, Q&A on

19 Coronaviruses (COVID-19), “Should I Worry About COVID-19?,”

20

https://cutt.ly/YtEyrxl (last accessed Apr. 19, 2020). 27 Betsy McKay, Coronavirus vs. Flu Which Virus is Deadlier, WALL ST. J. (Mar. 10,

21 2020),

22 https://www.wsj.com/articles/coronavirus-vs-flu-which-virus-is-deadlier-11583856879 (last accessed Apr. 13, 2020).

23 28 World Health Organization, Coronavirus, https://cutt.ly/ztWyf7e (last accessed Apr.

24

19, 2020) (“At this time, there are no specific vaccines or treatments for COVID-19.”). 29 Saralyn Cruickshank, Experts Discuss COVID-19 and Ways to Prevent Spread of

25 Disease, John Hopkins Mag. (Mar. 17, 2020),

26 https://hub.jhu.edu/2020/03/17/coronavirus-virology-vaccine-social-distancing-update (last accessed Apr. 13, 2020).
27 30 The President’s Coronavirus Guidelines for America, Whitehouse.gov (Mar. 16,

28 2020), https://www.whitehouse.gov/wp-content/uploads/2020/03/03.16.20_coronavirusguidance_8.5x11_315PM.pdf (last accessed Apr. 13, 2020); see also Saralyn

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1 governors and mayors across the country are ordering entire cities and states to “shelter in

2 place” and “stay at home.”31 Other federally recommended precautions include frequent

3 hand-washing, use of alcohol-based hand sanitizers, frequent cleaning and disinfecting of

4 any surfaces touched by any person, and use of PPE such as masks.32

5

34. California Governor Gavin Newsom declared a state of emergency on March

6 4, 2020 due to the presence of COVID-19 in California.33 On March 19, 2020, Governor

7 Newsom issued a statewide “Safer at Home Order,” requiring all Californians to stay at

8 home unless performing essential activities.34

9

35. On March 4, 2020, the Los Angeles County Board of Supervisors and the

10

11 Cruickshank, Experts Discuss COVID-19 and Ways to Prevent Spread of Disease, JOHN

12

HOPKINS MAG. (Mar. 17, 2020), https://hub.jhu.edu/2020/03/17/coronavirus-virologyvaccine-social-distancing-update (last accessed Apr. 13, 2020).

13 31 The governors of California, Colorado, Connecticut, Delaware, Hawaii, Idaho,

14

Illinois, Indiana, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Vermont,

15 Washington, West Virginia, and Wisconsin, as well as local officials of numerous

16

counties in Florida, Georgia, Kansas, Missouri, North Carolina, Pennsylvania, Tennessee, and Texas, have all ordered residents to “shelter in place” or stay at home.

17 See Which States and Cities Have Told Residents to Stay at Home, N.Y. TIMES (Mar. 27,

18 2020), https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-homeorder.html (last accessed Apr. 13, 2020).

19 32 Centers for Disease Control and Prevention, Steps to Prevent Illness,

20 https://www.cdc.gov/coronavirus/2019ncov/about/prevention.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcor

21 onavirus%2F2019-ncov%2Fabout%2Fprevention-treatment.html (last accessed Apr. 13,

22 2020); see also Saralyn Cruickshank, Experts Discuss COVID-19 and Ways to Prevent Spread of Disease, JOHN HOPKINS MAG. (Mar. 17, 2020),

23 https://hub.jhu.edu/2020/03/17/coronavirus-virology-vaccine-social-distancing-update

24

(last accessed Apr. 13, 2020). 33 Office of Governor Gavin Newsom, Governor Newsom Declares State of Emergency

25 to Help State Prepare for Broader Spread of COVID-19 (Mar. 4, 2020),

26 https://www.gov.ca.gov/2020/03/04/governor-newsom-declares-state-of-emergency-tohelp-state-prepare-for-broader-spread-of-covid-19/ (last accessed Apr. 10, 2020).
27 34 Office of Governor Gavin Newsom, Governor Gavin Newsom Issues Stay at Home

28 Order (Mar. 19, 2020), https://www.gov.ca.gov/2020/03/19/governor-gavin-newsomissues-stay-at-home-order/ (last accessed Apr. 9, 2020).

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1 Department of Public Health declared a local and public health emergency to respond to

2 the threat posed by COVID-19, which remains in effect.35 The Los Angeles County

3 Health Officer also issued an order mirroring the Governor’s March 19 “Safer at Home

4 Order.”36 On April 10, 2020, the Los Angeles County Health Officer issued an enhanced

5 order requiring people outdoors to wear face coverings when out in public.37

6

INCARCERATED PEOPLE AND CORRECTIONAL STAFF ARE AT

7

HEIGHTENED RISK DURING THE COVID-19 PANDEMIC

8

36. Substantial epidemiological research “shows that mass incarceration raises

9 contagion rates for infectious disease—both for people in jails, and for the community at

10 large.”38 During pandemics, jail facilities become “ticking time bombs” as “[m]any people

11 crowded together, often suffering from diseases that weaken their immune systems, form a

12 potential breeding ground and reservoir for diseases.”39

13

37. Although the California Department of Public Health issued a Guidance

14

15 35 Los Angeles County Department of Public Health, County of Los Angeles Declares

16

Local Health Emergency in Response to New Novel Coronavirus Activity (Mar. 4, 2020), http://www.publichealth.lacounty.gov/phcommon/public/media/mediapubhpdetail.cfm?p

17 rid=2248 (last accessed Apr. 10, 2020).

18 36 Los Angeles County Department of Public Health, Safer at Home Order for the Control of Covid-19 (Mar. 21, 2020),

19 http://publichealth.lacounty.gov/media/coronavirus/COVID-19_March%2021-HOOrder-

20

7_00_FINAL2.pdf (last accessed Apr. 10, 2020). 37 Los Angeles County Department of Public Health, Los Angeles County Announces 18

21 New Deaths Related to 2019 Novel Coronavirus (COVID-19) - 475 New Cases of

22 Confirmed COVID-19 in Los Angeles County (Apr. 10, 2020), http://publichealth.lacounty.gov/phcommon/public/media/mediapubdetail.cfm?unit=med

23 ia&ou=ph&prog=media&cur=cur&prid=2309&row=25&start=1 (last accessed Apr. 22,

24

2020). 38 Sandhya Kajeepeta & Seth J. Prins, Why Coronavirus in Jails Should Concern All of

25 Us, THE APPEAL (Mar. 24, 2020), https://theappeal.org/coronavirus-jails-public-health/

26 (last accessed Apr. 13, 2020). 39 See St. Louis Univ., “Ticking Time Bomb,” Prisons Unprepared For Flu Pandemic,
27 SCIENCEDAILY (2006),

28 https://www.sciencedaily.com/releases/2006/09/060915012301.htm (last accessed Apr. 13, 2020).

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1 About Novel Coronavirus (COVID-19) for California Prisons recommending the

2 provision of sanitization supplies for prisoners to clean their cells and masks to

3 symptomatic prisoners, increased cleaning of common spaces, and social distancing of six

4 feet; these measures have not prevented the virus from spreading in California prisons.40

5 As of April 23, 2020, 149 prisoners41 and at least 105 staff42 in the California Department

6 of Corrections and Rehabilitation (“CDCR”) facilities tested positive. News media

7 reported that in April in the California prison system, over the course of just over a week,

8 the number of prisoners testing positive for COVID-19 grew by 700% and the number of

9 staff testing positive nearly tripled.43

10

38. The risk of exposure to and transmission of infectious diseases, as well as the

11 potential harm to those become infected, is significantly higher in jails than in the

12 community, putting prisoners and correctional staff at high risk of contracting COVID-19.

13 This is due to a number of factors, including: close living quarters; often overcrowded

14 conditions in jails; that large numbers of people are closely confined and forced to share

15 sleeping areas, bathrooms, cafeterias, and other enclosed spaces; prisoners’ inability to

16 practice social distancing; food preparation is centralized and communal; ventilation

17 systems that encourage the spread of airborne diseases; movement of prisoners within

18 facilities and outside of facilities to court; that jail medical facilities are rarely equipped to

19

20 40 California Department of Public Health, Guidance about Novel Coronavirus (COVID19) for California Prisons (Mar. 24, 2020), https://www.cdcr.ca.gov/covid19/wp-

21 content/uploads/sites/197/2020/03/R_CDPH-COVID-19-Guidance-for-Prisons-

22

3.30.20.pdf (last accessed Apr. 10, 2020). 41 California Department of Corrections and Rehabilitations, Population COVID-19

23 Tracking, https://www.cdcr.ca.gov/covid19/population-status-tracking/ (last accessed

24

Apr. 23, 2020). 42 California Department of Corrections and Rehabilitation, CDCR/CCHCS COVID-19

25 Employee Status, https://www.cdcr.ca.gov/covid19/cdcr-cchcs-covid-19-status/ (last

26 accessed Apr. 23, 2020). 43 Holly Yan, Prisons and Jails Across the US are Turning into ‘Petri Dishes’ for
27 Coronavirus. Deputies are falling ill, too, CNN (Apr. 10, 2020),

28 https://www.cnn.com/2020/04/09/us/coronavirus-jails-prisons/index.html (last accessed Apr. 12, 2020).

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1 handle an outbreak of an infectious disease and must rely on outside medical facilities to

2 provide intensive medical care; if jail staff become sick they do not come to work,

3 resulting in understaffing and compromised medical treatment; the enhanced susceptibility

4 of the jail population to chronic health conditions; and difficulties in quarantining

5 individuals who become ill.

6

39. Correctional settings further increase the risks from COVID-19 for those who

7 are vulnerable to the disease due to the concentration of persons with chronic, often

8 untreated, illnesses in a setting with minimal levels of sanitation, limited access to

9 personal hygiene, limited access to medical care, the presence of many high contact

10 surfaces, and no possibility to stay at a safe distance from others.

11

40. Additional reasons for the increased risk of transmission and infection

12 include the constant cycling of people in and out of the jail (including correctional staff)44

13 and inadequate medical care within the jail itself.

14

41. Jail screening procedures alone cannot stop the virus from entering and

15 spreading among the jails. COVID-19 poses a particular threat to public health because a

16 person can be asymptomatic yet spread the disease to others. Most people do not show

17 symptoms for two to 14 days even while being contagious. Others never exhibit any

18 symptoms at all. Thus, while screening for fevers and other symptoms associated with

19 COVID-19 may stop some infected people from entering general population housing units

20 or otherwise having close contact with prisoners and jail staff, it cannot catch many of

21 those actively spreading the virus. The drastic social distancing measures that have been

22 imposed across the country are designed to combat exactly this problem. By staying at

23 home, we are able to limit our contact with other persons, even the asymptomatic. But

24 every day hundreds of jail employees, working on multiple different shifts, travel into and

25 out of the jails. Any one of those employees can be asymptomatically carrying and

26

27 44 See Peter Wagner & Emily Widra, No need to wait for pandemics: The public health 28 case for criminal justice reform, Prison Policy Initiative (Mar. 6, 2020),
https://www.prisonpolicy.org/blog/2020/03/06/pandemic (last accessed Apr. 13, 2020).

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1 transmitting COVID-19. The only way to stop the expansive spread of the disease is

2 through a comprehensive approach.

3

42. The guidance from the CDC for correctional and detention facilities,

4 including local jails, was published on March 23, 2020.45 The guidance acknowledges that

5 incarcerated people are forced to exist “within congregate environments” that “heighten[]

6 the potential for COVID-19 to spread once introduced,” especially given that “[t]here are

7 many opportunities for COVID-19 to be introduced into a correctional or detention

8 facility,” including “daily staff ingress and egress” as well as “high turnover” of

9 “admit[ted] new entrants.”46 In light of these concerns, the guidance recommends, among

10 other steps, that each correctional facility:

11

a. Post signage throughout the facility communicating COVID-19

12

symptoms and hand hygiene instructions, ensure such signage is

13

understandable for non-English speaking people as well as those with

14

low literacy, and provide clear information about the presence of

15

COVID-19 cases within a facility and the need to increase social

16

distancing and maintain hygiene precautions;

17

b. Ensure sufficient stocks of hygiene and cleaning supplies, including

18

tissues, liquid soap where possible, hand drying supplies, alcohol-

19

based hand sanitizer, cleaning supplies effective against the

20

coronavirus, and recommended personal protective equipment (“PPE”)

21

like face masks, disposable medical gloves, and N95 respirators;

22

c. Provide a no-cost supply of soap sufficient to allow frequent hand

23

washing, providing liquid soap where possible;

24

d. Provide incarcerated people running water, hand drying machines or

25
26 45 Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, (Mar.
27 23, 2020), https://www.cdc.gov/coronavirus/2019-ncov/community/correction28 detention/guidance-correctional-detention.html (last accessed Apr. 12, 2020).
46 Id.

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1

disposable paper towels for hand washing, tissues, and no-touch trash

2

receptacles for disposal;

3

e. Consider relaxing restrictions on allowing alcohol-based hand sanitizer

4

where security concerns allow;

5

f. Suspend co-pays for incarcerated people seeking medical evaluation

6

for respiratory symptoms;

7

g. Even if COVID-19 cases have not been identified locally or inside,

8

implement “intensified cleaning and disinfecting procedures” that

9

clean and disinfect high-touch surfaces and objects “[s]everal times per

10

day,” and ensure adequate supplies to support intensified cleaning and

11

disinfection practices”;

12

h. Perform pre-intake screening and temperature checks for all new

13

entrants;

14

i. If an individual has symptoms of COVID-19 (fever, cough, shortness

15

of breath), require the individual to wear a face mask and place them

16

under medical isolation;

17

j. Implement social distancing strategies to increase the physical space

18

between incarcerated people, ideally a distance of six feet “regardless

19

of the presence of symptoms”; and

20

k. Implement daily temperature checks in housing units where COVID-

21

19 cases have been identified.

22

43. Correctional officials around the country agree that particular care must be

23 taken to stop the spread of COVID-19 within the nation’s jails. For example, Leann

24 Bertsch, the Director of the North Dakota Department of Corrections and Rehabilitation,

25 concluded that “ignoring the health of those living and working inside the walls of our

26 nation’s correctional facilities poses a grave threat to us all” and that “putting public

27 health first is the best, and only, way to effectively achieve [a department of correction’s]

28 / / /

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1 public safety mission during the COVID-19 pandemic.”47

2

44. The global path of the virus confirms that jails and prisons are epicenters for

3 transmission. Approximately one month into the pandemic in the province of Hubei,

4 China, over half of reported COVID-19 cases were from jails.48 In South Korea, which

5 has had tremendous success in slowing and stopping the spread of the virus, “the single

6 largest COVID-19 outbreak and mortality cluster was from the Daenam Prison Hospital,

7 where 101 prisoners were infected and seven died.”49

8

45. COVID-19 has already started to spread inside other prisons, jails, and

9 detention centers in the United States. Experts predict that a mass contagion is only a

10 matter of time and that “[a]ll prisons and jails should anticipate that the coronavirus will

11 enter their facility.”50

12

46. Once the virus enters a jail or prison, infection rates are much higher than in

13 the broader community. In New York City, for example, the COVID-19 infection rate in

14 the city’s jails is about eight times higher than the rest of the city, which already sits at one

15 / / /

16

17 47 Brie Williams and Leanne Bertsch, A public health doctor and head of corrections

18 agree: we must immediately release people from jails and prisons, THE APPEAL (Mar. 27, 2020), https://theappeal.org/a-public-health-doctor-and-head-of-corrections-agree-

19 we-must-immediately-release-people-from-jails-and-prisons/ (last accessed Apr. 13,

20

2020). 48 Zi Yang, Cracks in the System: COVID-19 in Chinese Prisons, DIPLOMAT (Mar. 9,

21 2020), https://thediplomat.com/2020/03/cracks-in-the-system-covid-19-in-chinese-

22

prisons/ (last accessed Apr. 13, 2020). 49 Nancy Gertner and John Reinstein, Compassionate Release Now for Prisoners

23 Vulnerable to the Coronavirus, BOSTON GLOBE (Mar. 23, 2020),

24 https://www.bostonglobe.com/2020/03/23/opinion/compassionate-release-nowprisoners-vulnerable-coronavirus/ (last accessed Apr. 13, 2020).

25 50 Evelyn Cheng and Huileng Tan, China Says More than 500 Cases of the New

26 Coronavirus Stemmed from Prisons, CNBC, (Feb. 20, 2020), available at https://www.cnbc.com/2020/02/21/coronavirus-china-says-two-prisons-reported-nearly-

27 250-cases.html (quoting Tyler Winkelman, co-director of the Health, Homelessness, and

28 Criminal Justice Lab at the Hennepin Healthcare Research Institute in Minneapolis) (last accessed Apr. 13, 2020).

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1 of the highest rates in the world.51 The first case of COVID-19 on Rikers Island, New

2 York City’s largest jail complex, was confirmed on March 18, 2020.52 By Thursday, April

3 2, 2020, 231 people incarcerated at Rikers as well as 223 jail staff had tested positive;53

4 two jail officers have died; and more than 800 incarcerated people were held in isolation

5 or quarantined.54 Rikers saw its first prisoner death on April 5, 2020.55

6

47. Recent reports indicate that the Cook County jail in Chicago is currently one

7 of the largest known source of U.S. infections, even though Chicago has otherwise been

8 effective at flattening the curve.56 As of April 8, 2020, the Cook County Jail was reported

9 to be the single largest-known source of COVID-19 infections in the country, with over

10 238 prisoners and 115 staff members having tested positive.57 The next day, a federal

11

12

51 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

13 already been released. The rates of infection rely on publicly released data collected by

14

the Legal Aid Society. The Legal Aid Society NYC, COVID-19 Infection Tracking in NYC Jails, https://www.legalaidnyc.org/covid-19-infection-tracking-in-nyc-jails/ (last

15 accessed Apr. 13, 2020).

16 52 21 Inmates, 17 Employees Test Positive for COVID-19 on Rikers Island: Officials, NBC New York (last updated: Mar. 22, 2020),

17 https://www.nbcnewyork.com/news/coronavirus/21-inmates-17-employees-test-positive-

18

for-covid-19-on-rikers-island-officials/2338242/ (last accessed Apr. 13, 2020). 53 Julia Craven, Coronavirus Cases Are Spreading Rapidly on Rikers Island, SLATE

19 (Apr. 2, 2020)

20 https://slate.com/news-and-politics/2020/04/rikers-coronavirus-cases-increase.html (last accessed Apr. 13, 2020).

21 54 Jay Ransom and Alan Feuer, ‘We’re Left for Dead’: Fears of Virus Catastrophe at

22 Rikers Jail, N.Y. TIMES (last updated: Mar. 31, 2020), https://www.nytimes.com/2020/03/30/nyregion/coronavirus-rikers-nyc-jail.html.

23 55 Josiah Bates, New York’s Rikers Island Jail Sees First Inmate Death from COVID-19,

24 TIME (Apr. 6, 2020), https://time.com/5816332/rikers-island-inmate-dies-coronavirus/ (last accessed Apr. 12, 2020).

25 56 Cate Cauguiran, Coronavirus Chicago: COVID-19 data shows city is 'flattening the

26 curve,' Mayor Lori Lightfoot says, ABC7 (Apr. 15, 2020), https://abc7chicago.com/health/covid-19-data-shows-city-is-flattening-the-curve-
27 officials-say/6105532/ (last accessed Apr. 22, 2020).

28 57 Timothy Williams and Danielle Ivory, Chicago’s Jail Is Top U.S. Hot Spot as Virus Spreads Behind Bars, N.Y. TIMES (last updated: Apr. 8, 2020),

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1 judge observed that the jail had a confirmed infection rate of 50 per 1,000 people,

2 dwarfing Cook County’s overall rate of 1.56 confirmed infections per 1,000 people. Three

3 people who tested positive while incarcerated in the jail have died.58 That number may be

4 growing, and it likely does not include people who were infected in the jail and died after

5 their bail was paid. As of April 13, over 500 detainees and staff have tested positive.59

6

48. For these reasons, medical and public health experts have urged emergency

7 action to fight the spread of COVID-19 in jails and other carceral facilities, including

8 decarceration, improved access to medical care, and compliance with CDC guidelines.60

9

49. Correctional facilities largely lack the medical care infrastructure that would

10 be necessary to deal with a COVID-19 outbreak. Jails often rely on outside medical

11 facilities to provide intensive medical care. However, during an epidemic these outside

12 facilities may themselves be over capacity. Model estimates predict that, if current

13 infection and incarceration trends hold, two-fifths of California’s hospital beds may be

14 required by prisoners in mid-May.61 Reducing the size of the jail’s population is critically

15

16

https://www.nytimes.com/2020/04/08/us/coronavirus-cook-county-jail-chicago.html (last accessed Apr. 19, 2020).

17 58 Cook County Sheriff’s Office, COVID-19 Cases at CCDOC,

18 https://www.cookcountysheriff.org/covid-19-cases-at-ccdoc/ (last accessed Apr. 19, 2020).

19 59 Cheryl Corley, The COVID-19 Struggle In Chicago's Cook County Jail Facebook

20 Twitter Flipboard Email, NPR NEWS (last updated: Apr. 13, 2020), https://www.npr.org/2020/04/13/833440047/the-covid-19-struggle-in-chicagos-cook-

21 county-jail (last accessed Apr. 19, 2020).

22 60 See, e.g., Brad Lander, Doctors in NYC Hospitals, Jails, and Shelters Call on the City to Take More Aggressive Action to Combat the Spread of Coronavirus, MEDIUM (Mar.
23 12, 2020), https://medium.com/@bradlander/doctors-in-nyc-hospitals-jails-and-shelters-

24 call-on-the-city-to-take-more-aggressive-action-to-fb75f0b131c2 (last accessed Apr. 13, 2020); Letter from Johns Hopkins faculty to Governor Hogan (Mar. 25, 2020),
25 https://bioethics.jhu.edu/wp-content/uploads/2019/10/Johns-Hopkins-faculty-letter-on-

26 COVID-19-jails-and-prisons.pdf (last accessed Apr. 13, 2020). 61 Oliver Hinds, Emptying Prisons to Prevent the Spread of Coronavirus Will Save Lives
27 on the Outside, Too, THE APPEAL (last updated: Apr. 15, 2020),

28 https://theappeal.org/coronavirus-jails-prisons-model-hospital-beds/ (last accessed Apr. 19, 2020).

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1 important to reduce the risk of transmission of the disease.

2

50. Numerous public health experts, including Dr. Gregg Gonsalves,62 Ross

3 MacDonald,63 Dr. Marc Stern,64 Dr. Oluwadamilola T. Oladeru and Adam Beckman,65 Dr.

4 Anne Spaulding,66 Homer Venters,67 and Josiah Rich68 have all strongly cautioned that

5 people booked into and held in jails are likely to face serious, even grave, harm due to the

6 outbreak of COVID-19.

7

51. The only viable strategy to combat the spread of COVID-19 and prevent

8 serious harm or death to class members is risk mitigation. Even with the most

9 comprehensive plan to address the spread of COVID-19 in correctional facilities, the

10 release of individuals who can be considered at high risk from the virus is a key part of a

11 risk mitigation strategy. Immediate release of medically vulnerable persons not only

12 protects them from transmission of COVID-19, but also allows for greater risk mitigation

13

14 62 Kelan Lyons, Elderly Prison Population Vulnerable to Potential Coronavirus

15 Outbreak, CONNECTICUT MIRROR (Mar. 11, 2020), https://cutt.ly/BtRSxCF (last

16

accessed Apr. 13, 2020). 63 Craig McCarthy and Natalie Musumeci, Top Rikers Doctor: Coronavirus ‘Storm is

17 Coming,’ NEW YORK POST (Mar. 19, 2020), https://nypost.com/2020/03/19/top-rikers-

18

doctor-coronavirus-storm-is-coming/ (last accessed Apr. 13, 2020). 64 Marc F. Stern, MD, MPH, Washington State Jails Coronavirus Management

19 Suggestions in 3 “Buckets,” Washington Assoc. of Sheriffs & Police Chiefs (March 5,

20 2020), https://www.themarshallproject.org/documents/6796536-Suggestions-for-Jails-35-20 (last accessed Apr. 13, 2020).

21 65 Oluwadamilola T. Oladeru, et al., What COVID-19 Means for America’s Incarcerated

22 Population – and How to Ensure It’s Not Left Behind, (Mar. 10, 2020), https://cutt.ly/QtRSYNA (last accessed Apr. 13, 2020).

23 66 Anne C. Spaulding, MD MPDH, Coronavirus COVID-19 and the Correctional Jail,

24 Emory Center for the Health of Incarcerated Persons (Mar. 9, 2020), http://www.chip.sph.emory.edu/documents/For%20Correctional%20Facility%20Leaders

25 hip_2020.pdf (last accessed Apr. 14, 2020).

26 67 Madison Pauly, To Arrest the Spread of Coronavirus, Arrest Fewer People, MOTHER JONES (Mar. 12, 2020), https://cutt.ly/jtRSPnk (last accessed Apr. 13, 2020).
27 68 Amanda Holpuch, Calls Mount to Free Low-risk US Inmates to Curb Coronavirus

28 Impact on Prisons, THE GUARDIAN (Mar. 13, 2020), https://cutt.ly/itRSDNH (last accessed Apr. 13, 2020).

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1 for people held or working in the jail and the broader community. Furthermore, it is the

2 only viable mechanism by which to protect medically vulnerable prisoners from COVID-

3 19.

4

52. Release of the most vulnerable persons from custody also reduces the burden

5 on the regional health care system by reducing the likelihood that there will be an influx of

6 prisoners who become seriously ill from COVID-19 at the same time.

7

53. Jail and prison administrators and public officials around the country have

8 likewise concluded that widespread jail release is a necessary and appropriate public

9 health intervention: New York;69 New Jersey;70 Washington;71 Cuyahoga County, Ohio,72

10 among others. Several Sheriffs from across the country have also come together to issue a

11 joint statement committing to reduce jail populations, including by releasing those within

12 six months of completion of their sentence, and following CDC guidelines to ensure safe

13 and dignified conditions that will prevent the spread of COVID-19 among prisoners,

14 among other measures.73

15

16 69 Brendan Lyons, NY to release 1,100 parole violators as coronavirus spreads, TIMES

17 UNION (Mar. 27, 2020), https://www.timesunion.com/news/article/Deaths-surge-again-

18

in-New-York-from-coronavirus-15160973.php (last accessed Apr. 13, 2020). 70 1,000 Inmates Will Be Released From N.J. Jails to Curb Coronavirus Risk, N.Y.

19 TIMES (Mar. 23, 2020), https://www.nytimes.com/2020/03/23/nyregion/coronavirus-nj-

20

inmates-release.html (last accessed Apr. 13, 2020). 71 Jim Brunner and Mary Hudetz, Washington Department of Corrections names 1,100+

21 inmates to be released in coming days due to coronavirus concerns, SEATTLE TIMES

22 (Apr. 16, 2020), https://www.seattletimes.com/seattle-news/crime/washingtondepartment-of-corrections-lists-names-of-hundreds-of-inmates-to-be-released-in-

23 coming-days-due-to-coronavirus-concerns/ (last accessed Apr. 19, 2020).

24 72 Scott Noll, Cuyahoga County Jail releases hundreds of low-level offenders to prepare for coronavirus pandemic, NEWS 5 CLEVELAND (Mar. 20, 2020),

25 https://www.news5cleveland.com/news/local-news/oh-cuyahoga/cuyahoga-county-jail-

26 releases-hundreds-of-low-level-offenders-to-prepare-for-coronavirus-pandemic (last accessed Apr. 13, 2020).

27 73 Joint Statement from Elected County Sheriffs on COVID-19,

28 https://lawenforcementactionpartnership.org/national-sheriffs-covid-19/ (last accessed Apr. 12, 2020).

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1

54. Internationally, governments have also responded to the threat posed by

2 COVID-19 by releasing people from incarceration. To take one of many examples, in

3 Iran, more than 80,000 people were temporarily released from prison in the early stages of

4 the pandemic to protect them and to protect the community from propagation of an

5 outbreak.74 In Ethiopia, more than 4,000 people were pardoned and released from

6 incarceration to help prevent the spread of COVID-19.75

7

55. States and other local jurisdictions have also made changes to existing

8 carceral policies in response to the COVID-19 pandemic, including eliminating medical

9 co-pays for incarcerated people and waiving fees for phone calls and video

10 communication.76 Others have required facilities to distribute and make available

11 sanitation supplies and hand sanitizer to everyone who is incarcerated, arranged for the

12 immediate evaluation and treatment of anyone with symptoms, and enacted screening

13 procedures for everyone who enters the jail or prison.77

14

56. Over the past few weeks, multiple courts have also acknowledged the severe

15 and urgent threats posed by COVID-19 and have accordingly ordered the release of

16 detained and incarcerated persons.78 Immediate release of medically vulnerable Plaintiffs,

17

18 74 Parisa Hafezi, Iran Temporarily Frees 85,000 From Jail Including Political Prisoners, REUTERS (Mar. 17, 2020), https://www.reuters.com/article/us-health-coronavirus-iran-

19 prisoners/iran-temporarily-frees-85000-from-jail-including-political-prisoners-amid-

20

coronavirus-idUSKBN21410M (last accessed Apr. 13, 2020). 75 Bukola Adebayo, Ethiopia pardons more than 4,000 prisoners to help prevent

21 coronavirus spread, CNN (Mar. 26, 2020),

22 https://www.cnn.com/2020/03/26/africa/ethiopia-pardons-4000-prisoners-overcoronavirus/index.html (last accessed Apr. 13, 2020).

23 76 Responses to the COVID-19 Pandemic, PRISON POLICY INITIATIVE (Mar. 27, 2020),

24

https://www.prisonpolicy.org/virus/virusresponse.html (last accessed Apr. 13, 2020). 77 See, e.g., Preparedness and Response Plan 5-8, Indiana Dep’t of Correction (2020),

25 https://www.in.gov/idoc/files/IDOC%20Pandemic%20Response%20Plan%203-3-

26 2020.pdf#response%20plan (last accessed Apr. 13, 2020). 78 See, e.g., Castillo et al. v. Barr, 5:20-cv-00605, ECF Doc. 32 (C.D. Cal. Mar. 27,

27 2020) (ordering petitioners be released from immigration detention in light of COVID-

28 19 and noting “the risk of infection in immigration detention facilities – and jails – is particularly high”); USA v. Garlock., No. 18 Cr 00418, 2020 WL 1439980, at *1 (N.D.

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1 as well as the subclasses of medically vulnerable people they represent, is an urgently-

2 needed public health intervention.

3

57. Correctional medical and public health experts have urged the release of

4 medically vulnerable people from incarceration given the heightened risk of transmission

5 and infection. Dr. Jonathan Giftos, the former Medical Director for Correctional Health

6 Services at Riker’s Island, has urged “releasing as many people as possible with a focus

7 on those at highest risk of complication.”79 A group of doctors who work in New York

8 City’s jails, hospitals and shelters,80 as well as a group of more than 200 Johns Hopkins

9 faculty in public health, bioethics, medicine, and nursing have also urged the release of

10 medically vulnerable people from incarceration.81

11

12

Cal. Mar. 25, 2020) (ordering, sua sponte, extension of convicted defendant’s surrender date and noting “[b]y now it almost goes without saying that we should not be adding to

13 the prison population during the COVID-19 pandemic if it can be avoided”); Xochihua-

14

Jaimes v. Barr, No. 18-71460 (9th Cir. Mar. 24, 2020) (ordering, sua sponte, that petitioner be immediately released from immigration detention “[i]n light of the rapidly

15 escalating public health crisis” related to COVID-19 that”public health authorities

16

predict will especially impact immigration detention centers”); U.S. v. Stephens, 15 Cr. 95 (AJN), 2020 WL 1295155 (S.D.N.Y. Mar. 19, 2020) (granting motion for

17 reconsideration of defendant’s bail conditions and releasing him from jail to home

18 confinement, explaining that “the unprecedented and extraordinarily dangerous nature of the COVID-19 pandemic has become apparent” and that “inmates may be at a

19 heightened risk of contracting COVID-19 should an outbreak develop”); In re.

20 Extradition of Alejandro Toledo Manrique, 2020 WL 1307109, (N.D. Cal. Mar. 19, 2020) (ordering release on bond despite government assertions that facility has

21 preparedness plan in place and no cases have been confirmed).

22 79 Recipe for disaster: The spread of corona virus among detained populations, MSNBC (Mar. 18, 2020), https://www.msnbc.com/all-in/watch/-recipe-for-disaster-the-spread-of-

23 coronavirus-among-detained-populations-80947781758.

24 80 Brad Lander, Doctors in NYC Hospitals, Jails, and Shelters Call on the City to Take More Aggressive Action to Combat the Spread of Coronavirus, MEDIUM (Mar. 12,
25 2020), https://medium.com/@bradlander/doctors-in-nyc-hospitals-jails-and-shelters-call-

26 on-the-city-to-take-more-aggressive-action-to-fb75f0b131c2 (last accessed Apr. 13, 2020).
27 81 Letter from Johns Hopkins faculty to Governor Hogan (Mar. 25, 2020),

28 https://bioethics.jhu.edu/wp-content/uploads/2019/10/Johns-Hopkins-faculty-letter-onCOVID-19-jails-and-prisons.pdf (last accessed Apr. 13, 2020).

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1

PUBLIC HEALTH OFFICIALS FOR LOS ANGELES COUNTY HAVE

2 RECOMMENDED COMPLIANCE WITH CDC GUIDANCE AND CALLED FOR

3

OTHER MEASURES TO ADDRESS COVID-19 AT THE COUNTY’S JAILS

4

58. On March 31, 2020, the County of Los Angeles Department of Public Health

5 issued a letter to Los Angeles County Sheriff Alex Villanueva, recommending that the

6 LASD follow the CDC’s Interim Guidance on Management of Coronavirus in

7 Correctional and Detention Facilities, and implement the following additional measures:

8

a. Develop predictions for the impact of COVID-19 spread in each jail

9

facility;

10

b. Continue to reduce the incarcerated population of the County jails so

11

the County jails can adhere to the standards set forth in the CDC and

12

State’s guidelines, giving priority to those with underlying health

13

conditions, older prisoners, and pregnant women; and

14

c. Release individuals from the County jails with adequate shelter and

15

supportive services if necessary and release them in a manner that

16

minimizes any risk to the community.82

17

59. On April 9, 2020, the Los Angeles County Department of Public Health

18 issued its own Guidance for Correctional and Detention Facilities to prevent and reduce

19 the spread of COVID-19 at entry into facilities and within facilities.83 The

20 recommendations include, but are not limited to, requiring staff to wear masks and gloves

21 at all times, providing soap available at no cost, liquid soap available when possible, paper

22 towels, tissues at no cost, no-touch trash receptacles, masks to symptomatic prisoners;

23
24 82 Letter from Los Angeles County Health Officer to Los Angeles County Sheriff (Mar. 31, 2020),
25 http://www.ph.lacounty.gov/media/Coronavirus/DPH_NecessaryAppropriateMeasuresin
26 Jails_033120.pdf (last accessed Apr. 10, 2020). 83 Los Angeles County Department of Public Health, Guidance for Correctional and
27 Detention Facilities (Apr. 9, 2020),
28 http://publichealth.lacounty.gov/media/Coronavirus/GuidanceCorrectionalDetentionFaci lities.pdf (last accessed Apr. 12, 2020).

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1 ensuring access to running water; enabling social distancing; positioning beds at least six

2 feet apart; increasing cleaning of common spaces; eliminating appointment co-pays;

3 reducing the prison population in order to abide by social distancing guidelines; and

4 prioritizing early release of medically vulnerable prisoners.84

5

60. Civil rights advocates have publicly called on Defendants to take more

6 extensive measures to minimize the spread of COVID-19. Several community-based

7 organizations in Los Angeles called on the LASD, the Los Angeles County Department of

8 Health Services-Correctional Health Services, the Los Angeles County District Attorney,

9 the Los Angeles Superior Court, and the Los Angeles County Board of Supervisors to take

10 several measures to reduce the jail population and ensure jail conditions minimize the

11 spread of COVID-19 among the County jails and staff.85 The ACLU of Southern

12 California separately called on the LASD to reduce the jail population, ensure that those

13 quarantined are not held beyond their release date, cite and release, provide adequate and

14 free hygiene supplies including warm water and soap, providing medical treatment,

15 ensuring adequate staffing even if jail staff become sick, screening staff for COVID-19,

16 providing extra care for vulnerable populations, and collecting data.86

17

DEFENDANTS’ RESPONSES TO THE COVID-19 PANDEMIC ARE

18

CONSTITUTIONALLY DEFICIENT AND PLACE THE PEOPLE IN ITS

19

CUSTODY AT HEIGHTENED RISK

20

61. Despite the multiple guidelines and statements issued on preventing the

21 spread of COVID-19 in correctional facilities and Los Angeles County jails in particular,

22 many of these measures have not been implemented across County jails.

23

24

84 Id. 85 Advocacy Groups Urge Los Angeles County Officials to Take Immediate Action to

25 Stop Spread of COVID-19 Through Jails and Communities (Mar. 13, 2020),

26 https://www.hrw.org/news/2020/03/16/advocacy-groups-urge-los-angeles-countyofficials-take-immediate-action-stop-spread# (last accessed Apr. 12, 2020).
27 86 Letter from ACLU of Southern California to Los Angeles County Sheriff’s Department

28 (Mar. 12, 2020), https://www.aclusocal.org/en/letter-covid19-la-jail-conditions (last accessed Apr. 12, 2020).

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1

62. As of April 23, 2020, 44 prisoners in the Los Angeles County jail system

2 have tested positive for COVID-19, 29 of whom are currently positive;87 73 prisoners are

3 isolated; and 1,643 prisoners are quarantined.88 There have been 144 negative tests.89 The

4 limited testing that is administered to incarcerated people in the County jail system makes

5 it difficult to determine the true prevalence of the disease in the County jails. Of those in

6 isolation, 8 are in the CTC, 61 are in TTCF, and 4 are in the Los Angeles County Medical

7 Center (“LCMC”).90 Of those in quarantine, 36 are in the IRC, 289 are in MCJ, 118 are in

8 TTCF, 195 are in PDC-South, and 1,005 are in NCCF.91 Also as of April 23, 2020, 59

9 LASD employees have tested positive for COVID-19 and 313 are currently quarantined,

10 with another 539 who were exposed or positive now back at work.92

11

63. All people incarcerated in the Los Angeles County jails face a significant risk

12 of exposure to COVID-19. Defendants are aware of the heightened threat of COVID-19 in

13 the jails—the CDC, the Mayor of Los Angeles, the County Board of Supervisors, medical

14 experts, and various advocates have already directly alerted them of this risk as well as the

15 preventive measures needed to protect against the further spread of COVID-19. Los

16 Angeles County Sheriff Alex Villanueva has personally spoken at press conferences

17 regarding LASD’s response to COVID-19 in the County jails.93

18

64. Despite these widespread warnings, Defendants remain woefully unprepared

19

20 87 Fifteen have recovered. Los Angeles County Sheriff’s Department, Coronavirus Information Updates (last updated Apr. 23, 2020), https://lasd.org/covid19updates/ (last

21 accessed Apr. 23, 2020).

22

88 Id. 89 Id.

23 90 Id.

24

91 Id. 92 Id.

25 93 Los Angeles County Sheriff’s Department, Sheriff Alex Villanueva Provides LASD

26 Status Update in the Face of COVID-19 (Apr. 14, 2020) https://lasd.org/sheriff-lasdstatus-covid-19/ (last accessed Apr. 23, 2020); Los Angeles County Sheriff’s

27 Department, Sheriff Alex Villanueva to discuss Safety Precautions regarding COVID-19

28 (Mar. 16, 2020), https://www.youtube.com/watch?v=FPZQY2KU9zg (last accessed Apr. 10, 2020).

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1 and have failed to take necessary precautions to protect the people in their custody against

2 this unprecedented, life-threatening public health crisis.

3

65. Even though the County has reduced its prisoner population from 17,076 on

4 March 16, 202094 to 11,990 as of April 23, 2020,95 the County’s prison population is still

5 too high to give Class Members the ability to practice safe social distancing. The total

6 population is still close to the jail’s maximum capacity (based on normal circumstances,

7 not taking into account social distancing needs).96 Conditions force prisoners to sit, stand,

8 walk, eat, and sleep within six feet of another person.97 Vulnerable populations remain

9 jailed. Essential medical services including testing for COVID-19 are not provided

10 because there are too many people jailed. There is an inadequate supply of PPE to meet

11 the needs of the existing population.

12

66. Although the LASD Department Operation Center has issued some

13 guidelines on how to deal with COVID-19 across the Department, these primarily appear

14 to address testing and PPE for LASD personnel, not protections for prisoners.98

15 Defendants do not follow their own COVID-19 protocols, the recommendations and

16 guidelines issued by Los Angeles and California public health officials, or the CDC

17 COVID guidance for correctional facilities.

18 94 Los Angeles County Sheriff’s Department, Sheriff Alex Villanueva to discuss Safety

19 Precautions regarding COVID-19 (Mar. 16, 2020),

20

https://www.youtube.com/watch?v=FPZQY2KU9zg (last accessed Apr. 10, 2020). 95 Los Angeles County Sheriff’s Department, Coronavirus Information Updates (last

21 updated Apr. 23, 2020), https://lasd.org/covid19updates/ (last accessed Apr. 23, 2020).

22 96 Los Angeles County Sheriff’s Department, Custody Division Population Quarterly Report (Oct. – Dec. 2019),

23 https://lasd.org/transparency%20data/custody%20reports/Custody%20Division%20Popu

24

lation%202019%20Fourth%20Quarter%20Report.pdf (last accessed Apr. 22, 2020). 97 Alene Tchekmedyian, L.A. Jail Inmates Say Lack of Soap and Toilet Paper Heightens

25 Coronavirus Fear: ‘Like Slow Torture,’ L.A. TIMES (Mar. 30, 2020),

26 https://www.latimes.com/california/story/2020-03-30/coronavirus-inmates-hygienesupply-shortage-la-jails (last accessed Apr. 12, 2020).
27 98 Los Angeles County Sheriff’s Department, Coronavirus Information Updates:

28 Department Operations Center Guidelines, https://lasd.org/covid19updates/#doc_guidelines (last accessed Apr. 12, 2020).

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1

67. Defendants have failed to implement policies and practices to address the

2 substantial risk of transmission of COVID-19 among prisoners within the County’s jails,

3 and as a result exposed putative members of the plaintiff class to a substantial risk of

4 serious harm and death. The unconstitutional conditions and practices that place the

5 putative class at unreasonable risk span across the facilities that make up the County’s

6 jails. As prisoners move between facilities, deficiencies in COVID-19 practices in one

7 facility extend to other facilities.

8 Densely Populated Facilities Prevent Social Distancing

9

68. In MCJ, up to ninety-six people are forced to live in the same open bay

10 dormitory unit where dozens of triple bunk beds are placed between one to three feet

11 apart. Even if they sleep head to foot, prisoners housed in these dormitories remain less

12 than six feet apart.

13

69. Some incarcerated individuals with medical conditions are placed in small,

14 cramped medical cells at MCJ with three beds, a toilet, and a sink. It is not possible for

15 each person to be six feet apart from their cell mates even in a medical cell. Individuals of

16 advanced age and with a history of respiratory disease jailed at MCJ in a medical cell are

17 being moved to general population cells even though they have preexisting conditions

18 which place them at high risk of mortality if they contract COVID-19. When these

19 individuals plead to stay in smaller cells to minimize their exposure, Defendants have

20 issued disciplinary reports against them citing “noncompliance”.

21

70. Even individuals housed in one-man cells in MCJ are in cells that are lined

22 up one next to the other, and these prisoners cannot maintain six feet of distance from the

23 individuals in adjacent cells. Some of these units are equipped with barred doors that

24 allow other prisoners to make physical contact. It is not possible to avoid air circulation

25 between the one-man cells.

26

71. In CRDF, the County’s women’s correctional facility, there are two different

27 types of housing; some women are housed in cells on the sides of the module and some

28 women are housed in the dayroom of the module. In the day room of the modules, 12-30

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1 women share space without any partitions or dividers, and their beds are roughly 1.5 feet

2 apart. People who are kept in cells share their cells with one other person without any

3 possibility to keep six feet away from that other person. Even where people are housed in

4 the cells of some modules, they are sharing a dayroom with the people who are in the

5 dayroom, and they are in bunk beds with two beds, sharing the cells with another person.

6 The only thing that divides the cells from the dayroom is a single glass door, through

7 which food is passed. The people staying in the cells must go through the dayroom, where

8 the other people sleep, to shower.

9

72. In NCCF, up to sixty-six people are forced to live in the same dormitory-style

10 unit where triple bunk beds are stacked next to each other with no more than 3 feet

11 separating each bunk and less than two feet from one bunk to the bunk beneath it. The

12 bunks are spaced so close to one another that at least one Plaintiff can bump into another

13 bunk simply by reaching his arms out while lying down.

14

73. With the population size and the close quarters, it is impossible for the

15 incarcerated people in these units to remain six feet apart. When it is meal time,

16 Defendants require the incarcerated individuals to line up (without spacing apart) to

17 retrieve their meals. It would be impossible for the line up to occur where each person is

18 six feet apart from another person, given the size and configuration of the unit. In multiple

19 facilities when it is meal time, the Defendants require prisoners to line up.

20

74. In the TTCF, trustees and disabled prisoners that need Americans with

21 Disabilities Act (“ADA”) accommodations share a 16-person “pod”. In the pod, there are

22 8 trustees and 8 ADA prisoners. The trustees sleep on bunk beds, where the person on the

23 top bunk sleeps only 5 feet above the person on the bottom bunk. The bunk beds are only

24 2 ½ or 3 feet apart from each other.

25

75. In all of the facilities, Defendants house individuals awaiting trial in the same

26 jail cells as those who have been convicted and serving their sentences.

27 Movement of Prisoners and Risks from Staff

28

76. Defendants are responsible for transporting incarcerated individuals to their

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1 court dates in courthouses across Los Angeles County.

2

77. In the transport process, Defendants require incarcerated individuals to stand

3 in close proximity to corrections staff and to other incarcerated individuals. At various

4 stages of the transport process, staff handcuffs incarcerated individuals who are housed in

5 different jail facilities to one another, facilitating the exchange of respiratory vapors and

6 droplets.

7

78. Defendants transport incarcerated individuals in vans or other motor vehicles

8 where incarcerated individuals are seated right next to each other and in some cases,

9 squeezed in to fit the high number of people who require transport.

10

79. Defendants force incarcerated individuals into small “court tanks” in the

11 courthouses while they wait for their court appearance and for the Defendants to “process”

12 the incarcerated individuals. Defendants will force individuals from different facilities to

13 be assigned to the same “holding tank”. Those with medical conditions rendering them

14 vulnerable to COVID-19 are not separated. These practices and customs facilitate the

15 transmission of COVID-19 from one facility to another or from housing unit to housing

16 unit.

17

80. In these small holding tanks, people are packed in so tightly that it is often

18 standing room only and people are breathing close to one another. Defendants will leave

19 incarcerated individuals in these holding tanks for hours at a time. Due to the small size of

20 the tank and the large numbers of people in them, if someone in the holding tank is

21 coughing and/or has a contagious illness, it is virtually certain that the illness would

22 spread like wildfire to the others who are crammed inside. It is impossible to give each

23 person six feet of room in these holding tanks.

24

81. There is currently no COVID-19 testing performed on all County Jail

25 employees who work at the facilities. Upon information and belief, the Jail does not take

26 daily the temperatures or screen for symptoms of staff when they arrive for work at the jail

27 facilities. Even if such screening were implemented, there would remain a risk of staff-to-

28 prisoners transmission. Even if the jail did, not all individuals infected with COVID-19

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1 present with fever in the early stages of the infection, and some remain asymptomatic

2 carriers. The risk of asymptomatic transmission means that monitoring staff for fever or

3 other active symptoms is inadequate to identify all who may be infected and can thereby

4 infect others. As of April 19, 2020, the LASD website appears to only encourage staff to

5 self-report symptoms of COVID-19. That measure is inadequate, given that many persons

6 infected with COVID-19 have mild or no symptoms.

7

82. When people are transported within the facility, they are often in spaces

8 (cells, elevators, vehicles) crowded with people, some who are newly arrested and have

9 not been tested, and there is no way to keep six feet apart from the other people nearby. In

10 addition, prisoners are not kept far enough apart while being taken to attorney visits. One

11 plaintiff reported being ordered to stand less than six feet apart while being held in a

12 confined space on the way to his attorney visit. At least one person in the space was

13 coughing.

14

83. Class member Jeffrey Livotto was taken to court for a probation hearing on

15 or around March 26, 2020. He was transported on Defendants’ bus along with dozens of

16 other prisoners. Not a single one had masks, and the person he was cuffed and chained to

17 was coughing uncontrollably.

18

84. On April 8, 2020, Plaintiff Mark Avila was transported to court and observed

19 holding tanks with as many as 30 people standing in a small cell. The tank is filthy and the

20 prisoners are not provided disinfectant supplies to wipe down any surfaces they touch. He

21 and others can sometimes in there for hours, thus putting them at risk of disease

22 transmission if someone in the holding cell is positive for COVID-19.

23

85. In early April 2020, Plaintiff Rodney Cullors was transported by Defendants

24 to a medical facility for a MRI. There were three people chained to the wheelchair van, all

25 of whom were over the age of 50. None of the other men had masks and some were

26 coughing.

27

86. On March 16, 2020, Class Member Catrina Balderrama was transported to

28 court for a hearing at the Clara Shortridge Foltz Criminal Justice Center in Downtown Los

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1 Angeles. When she was transported back to CRDF, she was placed in a holding tank with

2 an older woman dressed in a brown uniform, which she knows to signify a hospital

3 housing designation. The woman was coughing a lot and having trouble breathing. There

4 was not enough room to appropriately socially distance from this woman.

5 LASD Staff Shortages and Vacancies

6

87. Defendants are experiencing significant staff shortages due to quarantining of

7 employees and medical staff. The precipitous decline in the staff who are available to

8 work drastically reduces the operational capacity of the jail and creates challenges in

9 handling the nearly 12,000 prisoner population.

10

88. On March 17, 2020, the LASD reported that there were 43 employees who

11 were self-quarantined; 21 of them were believed to have been exposed on-duty.

12

89. As of April 23, 2020, at 9:00 AM, that number had sky-rocketed to 313

13 LASD employees who were quarantined and 59 employees who have tested positive.

14

90. Staff vacancies occasioned by COVID-19 create an unreasonable risk of

15 facilities becoming dangerously understaffed, which comprises medical care. Healthcare

16 staff who provide treatment are unavailable. Correctional staff also play a vital role in

17 delivering medical services, by escorting prisoners, responding to and alerting medical of

18 medical emergencies, and providing security to health care staff while they provide

19 services. Their absence also compromises treatment.

20 Lack of Protective Personal Equipment

21

91. Until April 10, 2020, Defendants did not provide any PPE for the people

22 jailed at Los Angeles County jails, even if they exhibited symptoms of COVID-19, were

23 within close proximity of someone exhibiting symptoms of COVID-19, or requested such

24 equipment. As such, people were fashioning their own makeshift masks to protect

25 themselves against the growing dangers of contracting the virus in the jail setting. At

26 MCJ, such activity is considered destruction of jail property and subject to a write up, loss

27 of privileges, or other disciplinary action. In CRDF, at one point, Defendants made those

28 individuals take off their makeshift face masks, stating that they would be sent to 23-hour

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1 disciplinary lockdown if they kept on those face coverings. Defendants did not respond

2 immediately to grievances submitted by prisoners at the end of March seeking face masks.

3

92. On April 10, 2020, Defendants first started providing one cloth face mask per

4 prisoner to incarcerated people in MCJ and CRDF. Later, on or around April 15, 2020,

5 Defendants distributed face masks to individuals in NCCF. No instructions were provided

6 as to when to wear the face masks at NCCF.

7

93. For the majority of the individual plaintiffs, Defendants provided no

8 instructions for regular cleaning of the masks. There is a uniform policy in the jails that

9 prisoners only have access to laundry once a week, and only for uniforms they are willing

10 to exchange. Prisoners are not reissued the same uniforms or towels. Thus, there is no

11 appropriate laundry system for masks, which should be laundered daily per CDC

12 recommendations.

13

94. Defendants have not replenished the supply of face masks and, as such,

14 prisoners have had to reuse their face masks despite the fact that some of the face masks

15 distributed at MCJ are single-use only. Plaintiff Rodney Cullors’ single-use mask’s elastic

16 broke, rendering it unusable.

17

95. Many of the Named Plaintiffs have not received more than one mask.

18

96. Defendants have also not provided access to gloves except for those prisoners

19 assigned to cleaning. In addition, on several occasions at MCJ and NCCF Defendants

20 have denied prisoner requests to use gloves.

21

97. Deputies often do not wear protective personal equipment like gloves or

22 masks when interacting with people jailed at MCJ, and there have been shortages in

23 protective personal equipment for all people incarcerated and working in the jails.

24 Lack of Hygiene and Sanitation Supplies

25

98. Contrary to Sheriff Villanueva’s statements that cleaning crews are doing

26 more to keep facilities clean and that prisoners have access to soap and running water,

27 prisoners do not in fact have adequate access to sanitization supplies such as soap or other

28 / / /

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1 cleaning supplies for jail facilities such as showers.99

2

99. Defendants do not provide free unrestricted hygiene or personal sanitation

3 supplies to many individuals jailed at MCJ beyond some people receiving a one-time

4 provision of one small bar of soap that is insufficient for the routine handwashing and

5 cleaning necessary to mitigate against the spread of COVID-19. After that bar of soap is

6 used up or for people who have not received this one-time provision, the only access to

7 hygiene or sanitary products is by purchase through the jail’s commissary system. Those

8 without access to the jail’s commissary due to lack of funds or status are unable to access

9 more substantial anti-bacterial soap during the growing escalation of COVID-19. Even

10 those with access to commissary are confronted with inflated prices for soap or other

11 personal hygiene supplies, e.g., $1.45 for a bar of Irish Spring, $2.11 for a bar of Dove, or

12 $5.05 for a bar of Neutrogena.

13

100. In some facilities, Defendants provide incarcerated individuals with a small

14 bar of soap once a week, which is insufficient to last the week if one washes their hands

15 with it every day. The soap is labeled “Freshscent Deodorant Soap”. Nowhere on the label

16 does it say that the soap is anti-bacterial. Defendants do not provide hand sanitizer or

17 gloves. Soap is not automatically replenished upon request; in some dorms, the deputies

18 have complete discretion to give soap upon request or to deny such requests.

19

101. Defendants have also not provided access to hand sanitizer, or have denied

20 requests to use hand sanitizer. In response to prisoner requests and grievances, for

21 instance, incarcerated people at MCJ have been told by deputies that they may not have

22 hand sanitizer.

23

102. Defendants do not provide adequate cleaning supplies, free of charge and in

24 the proper concentrations of strength to prevent transmission of the virus.

25

103. Defendants have not provided tissues, paper towels, napkins, or toilet paper

26 99 Alene Tchekmedyian, L.A. Jail Inmates Say Lack of Soap and Toilet Paper Heightens
27 Coronavirus Fear: ‘Like Slow Torture,’ L.A. TIMES (Mar. 30, 2020),
28 https://www.latimes.com/california/story/2020-03-30/coronavirus-inmates-hygienesupply-shortage-la-jails (last accessed Apr. 12, 2020).

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1 above their normal allotment to wipe one’s hands after handwashing. Prisoners have to

2 wipe their hands on their uniforms after handwashing.

3

104. None of the individual plaintiffs have been provided with paper towels,

4 Kleenex, tissues, or other materials to dry their hands since the County public health order

5 issued on March 16, 2020. Nor has any Named Plaintiff been provided with hand

6 sanitizer.

7

105. Plaintiff Jeremiah Farmer does not have hand sanitizer or regular access to

8 soap in his dorm that he shares with over 50, maybe over 60, people. He has to routinely

9 ask to borrow another prisoner’s soap. He often sees jail officials wearing masks and then

10 taking them off when they come into his dorm.

11 Insufficient Cleaning of Communal Areas and High Touch Surfaces

12

106. Defendants do not provide adequate cleaning supplies so that prisoners can

13 clean their own personal living spaces or high-touch surfaces or objects, creating an

14 unreasonable risk ensuring that the dozens of people who share the same cell will quickly

15 transmit the illness to each other.

16

107. In each sixty-six person unit in NCCF, incarcerated people are forced to share

17 four toilets, two urinals, and two showers. They also share the same phones, exercise area

18 and the same communal tables. Every surface in the cell is high-touch, even the railings

19 on the stairs. Defendants do not provide people with disinfectant supplies in this high-

20 touch area, nor do they provide for the cleaning of exercise equipment or tables between

21 each use. Each person must therefore risk COVID-19 infection when using the phones,

22 eating at the same table, or exercising with the same equipment.

23

108. If the sinks, toilets, and showers are broken, there are only a handful of each

24 available for everyone in the cell or dorm. The toilets and showers are not cleaned or

25 disinfected between each use, and Defendants do not provide supplies for disinfection or

26 cleaning between each use. In NCCF, a prisoner is assigned to clean the shower once a

27 day, but on any given day, twenty or thirty people can use a shower before it is

28 cleaned. Showers at CRDF do not have hot water.

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1

109. In each open dormitory, the people incarcerated in MCJ are forced to share a

2 limited number of phones, approximately five to six, when calling family members, loved

3 ones, or lawyers. They also share the same exercise area and the same communal tables.

4 Defendants do not provide people with adequate disinfectant supplies in this high-touch

5 areas, nor do they provide for the cleaning of phones, exercise equipment, or tables

6 between each use. “Trustees” will clean the dormitories about once a week, but any daily

7 cleaning is up to the prisoners living in the dormitory, who are not provided the supplies

8 they need to clean between uses. Each person must therefore risk COVID-19 infection

9 when touching and speaking through the phone, eating at the same table, or exercising

10 with the same equipment.

11

110. “Trustees” who are assigned to clean the cells and common areas in CRDF

12 about once a week spray Citracide on a rag and then use the same rag to wipe down the

13 table tops and the phones. They do not wipe down the kiosks, sinks, vending machines,

14 shower handles, or stairway railings, which are surfaces that everyone touches on a daily

15 basis. The phones are not cleaned between individual use. There is no regular schedule for

16 cleaning the showers, and it is done by volunteers housed in the unit.

17

111. Plaintiff DeNeal Young is medically vulnerable, confined to a wheelchair

18 because of blood clots in his legs, and is not even provided his own soap, let alone paper

19 towels, clean towels every day, or hand sanitizer. Even though he is in a wheelchair, he

20 has been told that he has to wipe down the shared shower himself before and after use by

21 using his foot to drag aside the trash, e.g., wet clothes, hair, dirty diapers. He is not given

22 cleaning supplies to clean his cell or the shared shower.

23

112. Plaintiff Victor Gutierrez is medically vulnerable and is a “trustee” assigned

24 to clean the public visiting area and floors of the jail where other prisoners have tested

25 positive for COVID-19. He is provided a dust mask and a jump suit made out of paper that

26 tears easily. On April 9, 2020, he was assigned to clean the cell of a person who tested

27 positive for COVID-19, but was not provided adequate safety equipment to do so. As a

28 result, his paper suit tore while he was cleaning and the dirty liquid from the cleaning

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1 product, feces, and urine that he had mopped seeped through his suit and his socks.

2

113. Plaintiff Carole Dunham is medically vulnerable and was required to clean a

3 cell from which a prisoner had been removed to quarantine, even though she complained

4 to a deputy that she did not feel safe doing so. The jail staff are aware of her medical

5 vulnerability. She was not given a mask or jumpsuit to clean the room. Not long after

6 cleaning the room, she developed a cough.

7 Infrequent Provision of Clean Laundry

8

114. Individuals do not have daily access to clean laundry and prisoners in at least

9 one facility are forced to do their own laundry with cleaning supplies purchased with their

10 own funds from the commissary.

11

115. In most facilities, Defendants provide clean uniforms only once per week

12 even though incarcerated individuals are being told to cough on their sleeves. Although

13 clean sheets, t-shirts, and thermals are to be provided once a week, many incarcerated

14 individuals including Plaintiffs LeAndrew Lewis and Jeremiah Farmer, and Class Member

15 Jeffrey Livotto have to wait weeks to get them. Defendants also provide a clean towel

16 only once a week through this same laundry service. This towel is the only thing prisoners

17 have besides their clothes to dry their hands on; as a result, both the towel and the clothes

18 accumulate aerosols and droplets all week. With the releases due to the virus that have

19 already occurred, less laundry is being done per week; yet the jail has not increased the

20 frequency of laundry services to protect the remaining prisoners.

21

116. At NCCF, individuals are not given even weekly clean laundry. Clean towels

22 are provided only once a month, which means for one whole month, incarcerated

23 individuals use the same uniforms, sheets, and the single towel they are given. All of those

24 items come in close contact with other people. The sheets and clothes are exposed to other

25 people in the jail, ensuring that any respiratory aerosols or droplets remain on the clothing

26 long after they are transmitted.

27

117. Plaintiff LeAndrew Lewis receives a change of bedding or clothing every 30

28 days. He has not received fresh laundry since approximately the end of March 2020.

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1 Medically Vulnerable Prisoners and Lack of Medical Care

2

118. Defendants’ failure to implement adequate practices and customs to detect

3 and contain COVID-19 places incarcerated people who have pre-existing medical

4 conditions at an imminent and unreasonable risk of severe illness and death from COVID-

5 19. These conditions include advance age, moderate to severe asthma, chronic lung

6 disease, hypertension, diabetes, epilepsy, compromised immune systems due to cancer

7 treatment, asthma, diabetes, and seizures. The imminent risk of serious illness and death to

8 medically vulnerable prisoners cannot be fully remediated other than by the release of

9 these prisoners to the fullest extent possible.

10

119. Individuals like Class Member Albert Kirk Jones who require daily breathing

11 treatments for obstructive breathing or sleep apnea have had their CPAP (continuous

12 positive airway pressure) machines confiscated. These individuals have been provided no

13 other alternatives to the vital medical treatment that those machines provide them.

14

120. Defendants charge a co-pay for medical services as well as for medication

15 such as Sudafed. In addition, Defendants do not always have medications available that

16 prisoners need, and it is hard for prisoners to get doses adjusted.

17

121. Plaintiffs have faced wait times of up to 3 weeks to see a doctor after

18 submitting a medical request.

19

122. Individuals have had time-sensitive surgeries delayed indefinitely due to

20 COVID-19. Plaintiff DeNeal Young has severe obesity, an undiagnosed heart condition,

21 and blood clots in his legs that put him at risk of a heart attack or stroke. Defendants have

22 told him that they will not transfer him to the hospital for an urgent surgery due to

23 COVID-19.

24

123. Class Member Albert Kirk Jones, a 64-year-old African American man who

25 has a history of bronchitis, pneumonia and a heart condition, was told that he would be

26 moved from his 3-man cell to a dorm in general population where there is a greater

27 likelihood of transmission of COVID-19. When he pleaded to stay for fear of contracting

28 the illness, he was disciplined for “noncompliance” and told that he would lose his

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1 privileges to commissary, visitation, and vending.

2

124. Plaintiff Mark Avila has chronic asthma and has been hospitalized due to his

3 chronic asthma about 30 times in his lifetime. Defendants fail to provide him with the

4 extensive medical care regiment he had when he was free, including 2 inhalers at all

5 times, access to necessary medications at all times, and access to breathing treatments

6 daily. While incarcerated, his asthma is exacerbated by the dust and grime inside his jail

7 cell.

8

125. Class Member Benito Venegas has asthma and epilepsy. He is housed in a

9 dorm with 80+ people, who all leave for court appearances, medical visits, attorney visits,

10 and other mandatory transports from time to time and come back to the dorm. Due to the

11 arrangement of the beds being less than three feet apart from one another, he is forced to

12 sleep in close proximity to other people who are coughing loudly.

13

126. Plaintiff LeAndrew Lewis is diabetic, suffers from high blood pressure, and

14 is prone to bronchitis. He is in a dorm with 30 or so people where it is impossible to keep

15 six feet apart from one another. The people that are in the beds that surround him are

16 regularly coughing within a few feet of him.

17

127. Plaintiff Victor Gutierrez is housed in a dorm in TTCF. He has asthma,

18 hypertension, and a metabolic disorder. He has been forced to clean the cells of

19 individuals who tested positive for COVID-19.

20

128. Plaintiff Carole Dunham has Type I diabetes and receives insulin shots four

21 times a day. Ms. Dunham has been directed to clean the phones, common areas, and cells

22 in the module, including the cell of at least one quarantined prisoner.

23

129. Class Member Holly Davidson was diagnosed with lymphoma in February of

24 2016 and underwent partial chemotherapy. She also has asthma. There are 12 to 13

25 women in the dayroom outside her cell, which is an area she must cross in order to shower

26 or use the phone. She has not been instructed on cleaning her cell or provided any

27 cleaning solution.

28

130. Class Member Jeffrey Livotto is an asthmatic and has suffered serious asthma

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1 attacks. He has been transferred between a four-person cell in MCJ and two 60+ person

2 dorms in NCCF all in the span of two weeks between the end of March and the beginning

3 of April 2020.

4 Inadequate Intake Process

5

131. At the IRC where new arrestees are booked and processed, arrestees are

6 placed in a single enclosed cell with about 25 other people while being processed through

7 the jail system. In this cell, it is not possible to be six feet apart from another prisoner. At

8 various points, prisoners are told to stand shoulder to shoulder or right behind one another.

9 Prisoners also stand in line to walk through metal detectors. They wit on benches right

10 next to each other while waiting to be interviewed by Defendants. They are also instructed

11 to shower right next to one another in a single shower room with no walls or dividers

12 between each person.

13

132. With regard to new jail admittees, Defendants screen incoming prisoners for

14 symptoms of COVID-19, but only quarantine those who have active symptoms, or who

15 report close contact with an infected person before arrest.

16

133. These screening processes are inadequate, and create an unreasonable risk

17 that infected new admittees are cleared for placement in general population housing, and

18 thus expose other prisoners and staff to infection.

19

134. Some 25% of infected people are asymptomatic, and asking them screening

20 questions will fail to identify them so they can be isolated, tested, and treated if positive.

21 Also, symptoms screening alone is ineffective since it may take several days after

22 becoming infected for symptoms to appear. Therefore, all new admittees must be

23 quarantined for 14 days and monitored on at least a daily basis for fever and symptoms of

24 COVID-19 so that those are infected will no longer carry the virus (and those who become

25 infected remain separated) before being placed in a housing unit with other prisoners.

26 Without quarantining all newly-admitted prisoners, it is inevitable that some percentage of

27 new admittees will carry the virus and infect others housed in the jail.

28 / / /

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1 Failure to Timely Isolate Individuals Who Exhibit Symptoms of COVID-19 or Were

2 Exposed to Another Person with Symptoms of COVID-19; Underutilization of Testing

3

135. When people exhibit symptoms of COVID-19, it can take weeks for jail

4 personnel to respond to their requests for a medical appointment. Many incarcerated

5 people experiencing symptoms of COVID-19, including coughs, fevers, and difficulty

6 breathing will not get adequate or timely assessment for COVID-19 infection or treatment

7 for their symptoms, nor have they been isolated from asymptomatic people. Testing is not

8 regularly provided to those who have symptoms. Even with severe symptoms, it takes

9 days before prisoners are taken to medical for testing. Once at medical, those who are

10 coughing are not necessarily tested for COVID-19.

11

136. Numerous incarcerated individuals at MCJ have been exposed to individuals

12 who exhibit visible symptoms of COVID-19, e.g., fever and cough. However, Defendants

13 do not timely isolate people who exhibit symptoms and do not provide information to

14 those of us who have been exposed to that person on how to protect themselves against the

15 spread of COVID-19. Persons exposed to prisoners suspected of COVID-19 are not timely

16 assessed if they are infected.

17

137. If there is a prisoner suspected of COVID-19, that prisoner is removed from

18 their unit or cell. Defendants will place the rest of the unit or cell under “quarantine.”

19 However, deputies will continue to do their walk-throughs in quarantined pods and floors.

20 The same deputies will go straight from a quarantined area of the jail into a non-

21 quarantined area of the jail. Because of the perforated metal walls and gaps in doors that

22 separate quarantined areas from non-quarantined areas, prisoners are at risk for being

23 exposed to the virus whenever prisoners walk past a quarantined area. Moreover, this

24 method of quarantine is insufficient to prevent the spread of COVID-19 because if a

25 presumptively positive person has been in close quarters with his dorm mates, isolating

26 large numbers of people without being able to space them six feet apart does not lessen the

27 likelihood of COVID-19 spread.

28

138. With the exception of one Plaintiff who was isolated weeks after symptoms

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1 appeared, Plaintiffs have not had access to testing despite showing symptoms of COVID-

2 19 infection.

3

139. Incarcerated individuals who exhibit symptoms for COVID-19 are not treated

4 in a timely fashion or provided a minimally acceptable level of medical care.

5

140. Requests to see medical staff due to COVID-19 symptoms are not responded

6 to immediately, even when grievances complaining about the inadequacy of medical

7 response are filed.

8

141. In late March, a woman was diagnosed with COVID-19 in one of the

9 modules of the jail. That woman was complaining of symptoms for days but did not have

10 access to timely testing. The woman was housed in a two-man cell and her roommate also

11 began coughing and told the deputies that she had a fever. Neither woman was issued a

12 mask or gloves until the moment they were taken out of the module to be quarantined,

13 days after symptoms first began. Both women moved between the dayroom and their cell

14 during that time, and there were a number of prisoners, including Plaintiff Carole

15 Dunham, housed in the dayroom.

16

142. After the woman was removed from the module, Plaintiff Carole Dunham, a

17 prisoner worker, was assigned to clean the cell. She was not given a mask and was only

18 given gloves and Citracide with which to clean the cell. Plaintiff Dunham has diabetes and

19 voiced concerns for her safety to the jail staff but was told that the cell needed cleaning.

20 After that time, Plaintiff Dunham developed a cough. Plaintiff Dunham has requested

21 testing, but when she was taken to the medical unit, she was not provided with a test. She

22 has still not been tested. There are other diabetics in the module and none of them were

23 provided with masks before April 10.

24

143. Likewise, Plaintiff Haviland has been reporting symptoms to the jail staff for

25 days. She has been provided with cold medicine but has not been given a test.

26

144. Plaintiff Young developed a fever and cough on or around March 15, 2020

27 after being exposed to another prisoner who was coughing aggressively. He was not

28 provided access to a test, although the nursing staff were the ones who noted his fever.

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1

145. Class Member Albert Kirk Jones developed a cough, fever, and body aches at

2 MCJ on or around the end of January 2020. He was transferred to the TTCF where he was

3 not tested for COVID-19 despite his symptoms.

4

146. A prisoner in Plaintiff Victor Gutierrez’s pod was showing symptoms of

5 COVID-19. The whole pod was locked down on quarantine, but since Plaintiff Victor

6 Gutierrez was at work at the time, Defendants allowed him to move to a different pod

7 despite the fact that he was previously exposed to the presumptively positive prisoner that

8 same morning.

9

147. On or around March 2020, Plaintiff Rodney Cullors was taken to medical for

10 an unrelated illness and, for 30 to 45 minutes, was exposed to a patient he was informed

11 had COVID-19, without any mask, gloves, or even a dividing curtain separating him from

12 the patient.

13 Lack of Adequate Care for Prisoners Who Test Positive for COVID-19

14

148. Defendants place individuals who are presumptively positive for COVID-19

15 in single person cells that do not have toilet paper, soap, or any other sanitizing supplies.

16 Defendants do not provide basic hygienic materials to these presumptively positive

17 individuals while they are in the single person cells.

18

149. The jail is utilizing segregation units to house persons with known or

19 suspected COVID-19 illness. This acts to deter prisoners from reporting COVID-related

20 symptoms, due to their fear that doing so will result in their being placed in punitive

21 isolation conditions. Use of punitive isolation cells thus creates an unreasonable risk of

22 hastening the spread of the disease as symptomatic prisoners will not report themselves

23 and remain in general population units.

24

150. After a person has tested positive for COVID-19, Defendants place them in

25 single-person cells in the same facilities as other non-COVID-19 individuals. Defendants

26 require them to be inside their cells 24 hours a day with no access to a shower. Defendants

27 do not allow them to make phone calls. Defendants do not provide them with masks.

28 Defendants do not provide them with soap. Defendants do not clean their cells.

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1 Defendants do not provide them with access to disinfectant supplies to clean their cells.

2

151. Public health guidelines require the Jail to conduct contract investigations to

3 identify and quarantine all persons who have come into close contact with persons with

4 known or suspected COVID-19. Monitoring of close contacts should include regular

5 symptom screening and temperature checks. Quarantine should separate high-risk and

6 low-risk inmates. The Jail has not instituted contact investigations and quarantine and

7 monitoring practices for those in close contact with symptomatic inmates consistent with

8 public health guidelines Defendants’ customs and practices in this regard have created an

9 unreasonable risk of further spread of COVID-19 in the Los Angeles County jail system

10 and to the public at large.

11

152. Class Member Catrina Baldarrama tested positive for COVID-19 in late

12 March while housed at CRDF. She was transferred to TTCF for testing because there was

13 no testing capability at CRDF itself. She was then transported back to CRDF and placed in

14 a disciplinary segregation cell where she was isolated without phone calls, sanitary

15 napkins, or soap. Her personal belongings – food and personal hygiene products – were

16 confiscated and apparently thrown away.

17

153. Class Member Catrina Baldarrama was housed in module 3700, the module

18 where Plaintiff Carole Dunham is housed. No contact tracing was done for her, nor was

19 that module quarantined. Although she was transferred out of the module in late March,

20 prisoners in that module did not receive masks until April 10. Prisoners with coughs in the

21 module have not been able to get tested.

22

154. Once the facility suspected she had COVID-19, Ms. Baldarrama was moved

23 to an isolation cell on a disciplinary unit, deprived of toilet paper, toothbrush and any

24 supplies to maintain basic personal hygiene. After she returned from CTC, she was placed

25 back in a disciplinary isolation cell, where she was isolated with no access to a shower for

26 12 days, no phone calls, no soap and no sanitary napkins. Deputies told her she was going

27 to die in the isolation cell. Her personal belongings – food and personal hygiene products

28 – were confiscated and apparently thrown away. Her doctors instructed CRDF to ensure

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1 she had access to fluids and stayed well-hydrated, but many days they did not provide

2 water. They provided milk, which she could not drink because she has a dairy allergy, and

3 which they refused to replace with a non-dairy milk alternative. It is her understanding

4 that she is supposed to receive a diet complete with fruits and vegetables, which she has

5 not received.

6 Transparency and Education about COVID-19

7

155. Defendants do not post or provide sufficient information about COVID-19,

8 including protective or preventive measures to avoid transmission, to the people jailed in

9 CRDF.

10

156. Defendants have not provided any written materials that provide general

11 updates about the COVID-19 pandemic, information on how prisoners can protect

12 themselves from contracting COVID-19, or instructions about how to properly wash

13 hands.

14

157. Prisoners are not provided information even when their dorms or cells are on

15 quarantine.

16

CLASS ACTION ALLEGATIONS

17

158. The named Plaintiffs bring this action on behalf of themselves and all others

18 similarly situated as a class action under Federal Rules of Civil Procedure 23(a) and

19 23(b)(2).

20

159. Plaintiffs Rodney Cullors, Mark Avila, LeAndrew Lewis, Jeremiah Farmer,

21 and Jessica Haviland seek to represent a class of all current and future detainees in pretrial

22 custody, including alleged violations of probation or parole, at all County jails (“Pretrial

23 Equitable Relief Class”), including one sub-class of all persons who, by reason of age or

24 medical condition as defined below, the CDC has identified as particularly vulnerable to

25 injury or death if they were to contract COVID-19 (“Pretrial Medically Vulnerable

26 Subclass”). Plaintiffs Rodney Cullors and Mark Avila are also representatives and

27 members of the Pretrial Medically Vulnerable Subclass.

28

160. Plaintiffs DeNeal Young, Victor Gutierrez, Rany Uong, and Carole Dunham

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1 seek to represent a class of all current and future detainees in post-conviction custody,

2 including those serving a term of incarceration pursuant to an adjudicated violation of

3 probation or parole, at all County jails (“Post-Conviction Equitable Relief Class”),

4 including one sub-class of all persons who, by reason of age or medical condition, the

5 CDC has identified as particularly vulnerable to injury or death if they were to contract

6 COVID-19 (“Post-Conviction Medically Vulnerable Subclass”). Plaintiffs DeNeal Young,

7 Victor Gutierrez, and Carole Dunham are also representatives and members of the Post-

8 Conviction Medically Vulnerable Subclass.

9

161. The “Medically Vulnerable Subclasses” are defined as “all current and future

10 [pretrial detainees/post-conviction prisoners] held in all County jails over the age of fifty-

11 five, as well as all current and future [pretrial detainees/post-conviction prisoners] held in

12 all County jails of any age who experience (a) lung disease, including asthma, chronic

13 obstructive pulmonary disease (e.g. bronchitis or emphysema), or other chronic conditions

14 associated with impaired lung function; (b) heart disease, such as congenital heart disease,

15 congestive heart failure or coronary artery disease; (c) chronic liver or kidney disease

16 (including hepatitis and dialysis patients); (d) diabetes or other endocrine disorders;

17 (e) epilepsy; (f) hypertension; (g) compromised immune systems (such as from cancer,

18 HIV, receipt of an organ or bone marrow transplant, as a side effect of medication, or

19 other autoimmune disease); (h) blood disorders (including sickle cell disease); (i) inherited

20 metabolic disorders; (j) history of stroke; (k) a developmental disability; (l) a current or

21 recent (within the last two weeks) pregnancy; (m) severe obesity; and/or (n) any other

22 condition identified either now or in the future as being a particular risk for severe illness

23 and/or death caused by COVID-19.” The medically vulnerable subclasses seek both

24 injunctive relief and, if and to the extent necessary, release pursuant to a writ of habeas

25 corpus.

26

162. This action is brought and may properly be maintained as a class action

27 pursuant to Rule 23 of the Federal Rules of Civil Procedure. This action satisfies the

28 requirements of numerosity, commonality, typicality, and adequacy. Fed. R. Civ. P. 23(a).

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1

163. As of April 23, 2020, the County jails confined 11,990 people, all of whom

2 are eligible members of the classes and subclasses. The class meets the numerosity

3 requirement of Federal Rule of Civil Procedure 23(a).

4

164. Joinder of all members is impracticable. Demographic data regarding the

5 health of correctional populations indicates that the subclasses are likely to contain

6 hundreds of people.100

7

8

9

10

11

12

13

14

15

165. Joinder is impracticable because the class members are numerous; the class

16 includes future, unknown members; and the class is fluid due to the inherently transitory

17 nature of pretrial incarceration. Certifying the classes and subclasses supports judicial

18 economy.

19

166. Common questions of law and fact exist as to all members of the classes and

20 subclasses respectively. The named Plaintiffs seek common declarative and injunctive

21 relief concerning whether Defendants’ policies, practices, and procedures violate the

22 constitutional rights of the class members. These common questions of fact and law

23 include, but are not limited to:

24

1) What specific measures the County has implemented to protect

25

incarcerated persons from the spread of COVID-19 in the jails

26

27 100 Peter Wagner & Emily Widra, No need to wait for pandemics: The public health case 28 for criminal justice reform, PRISON POLICY INITIATIVE (Mar. 6, 2020),
www.prisonpolicy.org/blog/2020/03/06/pandemic/ (last accessed Apr. 13, 2020).

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1

including whether Defendants have taken appropriate measures to

2

ensure adequate social distancing, to supply inmates with the necessary

3

supplies for hand washing, to screen and quarantine new bookings to

4

prevent contagious people from entering the jail population, and to

5

ensure that surfaces are routinely disinfected;

6

2) Whether Defendants’ practices during the COVID-19 pandemic

7

encompass readily available and achievable health practices;

8

3) Whether Defendants’ practices comport with the Centers for Disease

9

Control and Prevention’s and Los Angeles County Health

10

Department’s guidelines for preventing the spread of COVID-19 in

11

correctional facilities;

12

4) Whether Defendants’ practices during the COVID-19 pandemic expose

13

inmates at LACJ facilities to a substantial risk of serious harm;

14

167. Additionally, members of the subclasses share the common question of their

15 particular vulnerability to the COVID-19 pandemic.

16

168. Plaintiffs’ claims are typical of the class members’ claims. That typicality

17 stems from their claim that Defendants have placed them at significant risk of harm by

18 failing to take appropriate steps to address the risk of COVID-19 throughout the County’s

19 jails. Every person at the Jail faces a heightened risk of contracting COVID-19 if they are

20 not adequately protected by Defendants. Plaintiffs and all class members are exposed to

21 the same policies and practices, wrongful acts, omissions of Defendants as described in

22 this Complaint. Plaintiffs’ claims all arise from the same core of conduct by Defendants,

23 and are based on the same legal theories. All class members seek the same declaratory and

24 injunctive relief.

25

169. The claims of Plaintiffs are also typical of the Medically Vulnerable subclass

26 members. The claims of Plaintiffs are typical as each member is subject to increased risk

27 as a result of their existing age or medical conditions. Plaintiffs’ claims as to the

28 subclasses all arise from the same core of conduct by Defendants, and are based on the

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1 same legal theories. All members of the Medically Vulnerable subclasses seek the same

2 relief in the form of immediate release through habeas corpus.

3

170. The Plaintiffs are adequate representatives of the classes and subclasses

4 because their interests in the vindication of the legal claims they raise are entirely aligned

5 with the interests of the other class members, each of whom has the same constitutional

6 claims. There are no known conflicts of interest among members of the proposed classes

7 or subclasses, and the interests of the named Plaintiffs do not conflict with those of the

8 other class or subclass members.

9

171. Plaintiffs are represented by counsel with experience and success in litigating

10 complex civil rights matters in federal court. The interests of the members of the class will

11 be fairly and adequately protected by the named Plaintiffs and their attorneys.

12

172. Because the putative class challenges Defendants’ system as unconstitutional

13 through declaratory and injunctive relief that would apply the same relief to every member

14 of the class, and Defendants have acted on grounds generally applicable to all proposed

15 class members, certification under Rule 23(b)(2) is appropriate and necessary.

16

173. A class action is a superior means, and the only practicable means, by which

17 the named Plaintiffs and class members can challenge the Defendants’ unconstitutional

18 actions and obtain the necessary immediate declaratory and injunctive relief sought for

19 themselves and all other members of the class.

20

FIRST CAUSE OF ACTION

21

Unconstitutional Conditions of Confinement in Violation of the Fourteenth

22

Amendment of the U.S. Constitution (42 U.S.C. § 1983 / 28 U.S.C. § 2241)

23 (Pretrial Equitable Relief Class, Youth Justice Coalition, Dignity and Power Now vs.

24

All Defendants)

25

174. Plaintiffs incorporate by reference each and every allegation contained in

26 paragraphs 1 through 173 as if fully set forth herein.

27

175. Under the Fourteenth Amendment, corrections officials are required to

28 provide for the reasonable health and safety of persons in pretrial custody. Youngberg v.

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1 Romeo, 457 U.S. 307, 315–16, 324 (1982) (the state has an “unquestioned duty to provide

2 adequate . . . medical care” for detained persons).

3

176. A prison official’s objective deliberate indifference to a substantial risk of

4 harm to a prisoner awaiting trial violates the Fourteenth Amendment. Gordon v. Cty. of

5 Orange, 888 F.3d 1118, 1124-25 (9th Cir. 2018).

6

177. Corrections officials have a constitutional obligation to provide for detainees’

7 reasonable safety and to address their serious medical needs. Youngberg v. Romeo, 457

8 U.S. 307, 315–16, 324 (1982) (the state has an “unquestioned duty to provide adequate . . .

9 medical care” for detained persons).

10

178. As part of this right, the government must provide incarcerated persons with

11 reasonable safety and address serious medical needs that arise in jail. Objective deliberate

12 indifference to the serious risk COVID-19 poses to members of the Pretrial Equitable

13 Relief Class, and particularly members of the Pretrial Medically Vulnerable Subclass,

14 violates this right.

15

179. Defendants have placed Plaintiffs, and the class they represent, at a

16 substantial risk of serious harm to their health and safety due to their acts and omissions as

17 to presence of, and spread of, COVID-19. Defendants have failed to take reasonable

18 available measures to abate that risk, even though reasonable officials and entities in the

19 circumstances would have appreciated the high degree of risk involved, making the

20 consequences of Defendants’ conduct obvious. By not taking all reasonable measures,

21 Defendants have caused Plaintiffs injuries.

22

180. Exposure to an infectious disease like COVID-19 without adequate

23 preventive measures constitutes deliberate indifference to a serious risk to health and

24 safety. Helling, 509 U.S. at 33-34 (“Nor can we hold that prison officials may be

25 deliberately indifferent to the exposure of inmates to a serious, communicable disease”);

26 Jolly v. Coughlin, 76 F.3d 468, 477 (2d Cir. 1996) (“[C]orrectional officials have an

27 affirmative obligation to protect [forcibly confined] inmates from infectious disease.”);

28 Powell v. Lennon, 914 F.2d 1459, 1463 (11th Cir.1990) (plaintiff's allegations that “the

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1 defendants forced him to remain in a dormitory [whose] atmosphere was filled with

2 friable asbestos” stated a claim for “deliberate indifference to the plaintiff's serious

3 medical needs.”); see also Farmer v. Brennan, 511 U.S. 825, 833 (1994) (“[H]aving

4 stripped [prisoners] of virtually every means of self-protection and foreclosed their access

5 to outside aid, the government and its officials are not free to let the state of nature take its

6 course.”).

7

181. The County failed to comply with public health guidelines to prevent an

8 outbreak of COVID-19 and failed to provide for the safety of the Classes and Subclasses.

9 Defendants’ actions and inactions result in the confinement of members of the Classes and

10 Subclasses in a jail where Plaintiffs are not being protected from, tested for, or treated for

11 COVID-19, which violates Plaintiffs’ rights to treatment and adequate medical care.

12

182. By failing to implement such guidelines, Defendants have subjected Plaintiffs

13 to conditions of confinement that increased their risk of contracting COVID-19, for which

14 there is no known vaccine, treatment, or care. Due to the conditions in County jails,

15 Plaintiffs are unable to take steps to protect themselves—such as social distancing,

16 accessing medical attention or testing, or washing their hands regularly—and Defendants

17 have failed to provide adequate protections or mitigation measures. Defendants acted with

18 deliberate indifference towards Plaintiffs by failing to adequately safeguard their health

19 and safety in the midst of a potential outbreak of a contagious, infectious disease. See Cal.

20 Gov't Code § 8658 (“In any case in which an emergency endangering the lives of inmates

21 of a state, county, or city penal or correctional institution has occurred or is imminent, the

22 person in charge of the institution may remove the inmates from the institution. He shall,

23 if possible, remove them to a safe and convenient place and there confine them as long as

24 may be necessary to avoid the danger, or, if that is not possible, may release them. Such

25 person shall not be held liable, civilly or criminally, for acts performed pursuant to this

26 section.”); see also Cal. Penal Code § 4012 (providing for the removal of prisoners to a

27 “safe and convenient place . . . [of] confinement” when “a pestilence or contagious disease

28 breaks out in or near a jail . . . liable to endanger the health of the prisoners”).

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1

183. As a direct and proximate result of Defendants’ unconstitutional actions,

2 Plaintiffs and the class members they represent will suffer irreparable injury and are

3 entitled to immediate injunctive relief.

4

184. Accordingly, Defendants, as supervisors, direct participants, and policy

5 makers for Los Angeles County, have violated the rights of the Pretrial Equitable Relief

6 Class and Pretrial Medically Vulnerable Subclass under the Fourteenth Amendment.

7

185. In addition, Defendant Villanueva has actual knowledge of the different

8 policies, practices, and customs promulgated by the County across Los Angeles County

9 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

10 on repeated occasions. Despite having such personal knowledge and being personally

11 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

12 condoned, tolerated, and through actions and inactions ratified such policies while acting

13 under color of law.

14

186. Section 2241(c)(3) allows this court to order the release of prisoners like

15 Plaintiffs who are held “in violation of the Constitution.” 28 U.S.C. 2241(c)(3); Preiser v.

16 Rodriguez, 411 U.S. 475, 484 (1973) (“It is clear, not only from the language of ss

17 2241(c)(3) and 2254(a), but also from the common-law history of the writ, that the

18 essence of habeas corpus is an attack by a person in custody upon the legality of that

19 custody, and that the traditional function of the writ is to secure release from illegal

20 custody.”); Peyton v. Rowe, 391 U.S. 54, 67 (1968) (Section 2241(c)(3) can afford

21 immediate release for claims other than those challenging the sentence itself). Pursuant to

22 this section, the Medically Vulnerable Subclass should be released to the maximum extent

23 possible.

24

187. The members of Youth Justice Coalition and Dignity and Power Now have

25 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

26 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

27 Defendants, and both organizations continue to divert resources as a result of Defendants’

28 acts to ensure that their members and the communities they serve are not subjected to

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1 Defendants’ unconstitutional practices.

2

SECOND CAUSE OF ACTION

3 Unconstitutional Punishment in Violation of the Fourteenth Amendment of the U.S.

4

Constitution (42 U.S.C. § 1983 / 28 U.S.C. 2241)

5 (Pretrial Equitable Relief Class, Youth Justice Coalition, Dignity and Power Now vs.

6

All Defendants)

7

188. Plaintiffs incorporate by reference each and every allegation contained in

8 paragraphs 1 through 173 as if fully set forth herein.

9

189. Under the Fourteenth Amendment persons in pretrial custody have greater

10 due process protections than those convicted and therefore cannot be punished as part of

11 their detention. Youngberg v. Romeo, 457 U.S. 307, 321-22 (1982); Bell v. Wolfish, 441

12 U.S. 520, 535 n.16 (1979). Defendants punish Plaintiffs when their conduct is either not

13 related to a legitimate non-punitive governmental purpose or is excessive in relation to

14 that purpose.

15

190. Even assuming that Defendants’ provision of medical services and physical

16 plans as to spacing between prisoners normally serves a legitimate non-punitive purpose

17 of health and safety of detained persons, the County’s jails, as currently operated, violate

18 Plaintiffs’ constitutional rights and do not comply with public health and CDC guidelines

19 to prevent the introduction and spread of COVID-19. Therefore, continuing to detain class

20 members under these conditions at the County’s jails is not rationally related to, and is

21 excessive in relation to, that purpose.

22

191. Defendants acted with deliberate indifference toward Plaintiffs by failing to

23 adequately safeguard their health in the midst of a potential outbreak of a contagious,

24 infectious disease. See Cal. Gov't Code § 8658 (“In any case in which an emergency

25 endangering the lives of inmates of a state, county, or city penal or correctional institution

26 has occurred or is imminent, the person in charge of the institution may remove the

27 inmates from the institution. He shall, if possible, remove them to a safe and convenient

28 place and there confine them as long as may be necessary to avoid the danger, or, if that is

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1 not possible, may release them. Such person shall not be held liable, civilly or criminally,

2 for acts performed pursuant to this section.”); see also Cal. Penal Code § 4012 (providing

3 for the removal of prisoners to a “safe and convenient place . . . [of] confinement” when

4 “a pestilence or contagious disease breaks out in or near a jail . . . liable to endanger the

5 health of the prisoners”).

6

192. As a direct and proximate result of Defendants’ unconstitutional actions,

7 Plaintiffs and the class members they represent will suffer irreparable injury and are

8 entitled to immediate injunctive relief.

9

193. Accordingly, Defendants have subjected the Pretrial Equitable Relief Class

10 and Pretrial Medically Vulnerable Subclass to punishment in violation of the Fourteenth

11 Amendment.

12

194. In addition, Defendant Villanueva has actual knowledge of the different

13 policies, practices, and customs promulgated by the County across Los Angeles County

14 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

15 on repeated occasions. Despite having such personal knowledge and being personally

16 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

17 condoned, tolerated, and through actions and inactions ratified such policies while acting

18 under color of law.

19

195. Section 2241(c)(3) allows this court to order the release of prisoners like

20 Plaintiffs who are held “in violation of the Constitution.” 28 U.S.C. 2241(c)(3); Preiser v.

21 Rodriguez, 411 U.S. 475, 484 (1973) (“It is clear, not only from the language of ss

22 2241(c)(3) and 2254(a), but also from the common-law history of the writ, that the

23 essence of habeas corpus is an attack by a person in custody upon the legality of that

24 custody, and that the traditional function of the writ is to secure release from illegal

25 custody.”); Peyton v. Rowe, 391 U.S. 54, 67 (1968) (Section 2241(c)(3) can afford

26 immediate release for claims other than those challenging the sentence itself). Pursuant to

27 this section, the Medically Vulnerable Subclass should be released to the maximum extent

28 possible.

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1

196. The members of Youth Justice Coalition and Dignity and Power Now have

2 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

3 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

4 Defendants, and both organizations continue to divert resources as a result of Defendants’

5 acts to ensure that their members and the communities they serve are not subjected to

6 Defendants’ unconstitutional practices.

7

THIRD CAUSE OF ACTION

8 Unconstitutional Conditions of Confinement in Violation of the Eighth Amendment

9

of the U.S. Constitution (42 U.S.C. § 1983 / 28 U.S.C. 2241)

10 (Post-Conviction Equitable Relief Class, Youth Justice Coalition, Dignity and Power

11

Now vs. All Defendants)

12

197. Plaintiffs incorporate by reference each and every allegation contained in

13 paragraphs 1 through 173 as if fully set forth herein.

14

198. Under the Eighth Amendment, post-convicted persons in carceral custody

15 have a right to be free from cruel and unusual punishment. As part of the right, the

16 government must provide incarcerated persons with reasonable safety and address serious

17 medical needs that arise in jail. See, e.g., DeShaney v. Winnebago County Dept. of Soc.

18 Services, 489 U.S. 189, 200 (1989) (“[W]hen the State by the affirmative exercise of its

19 power so restrains an individual’s liberty that it renders him unable to care for himself,

20 and at the same time fails to provide for his basic human needs—e.g., food, clothing,

21 shelter, medical care, and reasonable safety—it transgresses the substantive limits on state

22 action set by the Eighth Amendment and the Due Process Clause.”); Estelle v. Gamble,

23 429 U.S. 97, 104 (1976) (the government has an “obligation to provide medical care for

24 those whom it is punishing by incarceration.”).

25

199. As part of this right under the Eighth Amendment, the government must

26 provide incarcerated persons with reasonable safety and address serious medical needs

27 that arise in jail. Deliberate indifference to the serious risk COVID-19 poses to members

28 of the classes, and particularly members of the Medically Vulnerable subclasses, violates

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1 this right.

2

200. This Court need not “await a tragic event” to find that Defendants are

3 maintaining unconstitutional conditions of confinement in the midst of a global pandemic.

4 See Helling, 509 U.S. at 33. So long as the risk of serious harm is “likely,” as it is here, the

5 Eighth Amendment is violated even if “the complaining inmate shows no serious current

6 symptoms,” it is “not alleged that the likely harm would occur immediately,” and “the

7 possible infection might not affect all of those exposed.” Id.

8

201. A prison official’s subjective deliberate indifference to a substantial risk of

9 harm to a prisoner awaiting trial violates the Eighth Amendment. Farmer v. Brennan, 511

10 U.S. 825, 828 (1994); Estelle v. Gamble, 429 U.S. 97, 104 (1976) (“deliberate

11 indifference” to serious medical needs violates the Eighth Amendment).

12

202. Exposure to an infectious disease like COVID-19 without adequate

13 preventive measures constitutes deliberate indifference to a serious risk to health and

14 safety. Helling, 509 U.S. at 33-34 (“Nor can we hold that prison officials may be

15 deliberately indifferent to the exposure of inmates to a serious, communicable disease”);

16 Jolly v. Coughlin, 76 F.3d 468, 477 (2d Cir. 1996) (“[C]orrectional officials have an

17 affirmative obligation to protect [forcibly confined] inmates from infectious disease.”);

18 Powell v. Lennon, 914 F.2d 1459, 1463 (11th Cir.1990) (plaintiff's allegations that “the

19 defendants forced him to remain in a dormitory [whose] atmosphere was filled with

20 friable asbestos” and that “defendants knew of the health danger and yet refused to move

21 the plaintiff to an asbestos-free environment” stated a claim for “deliberate indifference to

22 the plaintiff's serious medical needs.”); see also Farmer v. Brennan, 511 U.S. 825, 833

23 (1994) (“[H]aving stripped [prisoners] of virtually every means of self-protection and

24 foreclosed their access to outside aid, the government and its officials are not free to let

25 the state of nature take its course.”).

26

203. With respect to an impending infectious disease like COVID-19, deliberate

27 indifference is satisfied when corrections officials “ignore a condition of confinement that

28 is sure or very likely to cause serious illness and needless suffering the next week or

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1 month or year,” even when “the complaining inmate shows no serious current symptoms.”

2 Helling, 509 U.S. at 33 (holding that a prisoner “states a cause of action . . . by alleging

3 that [corrections officials] have, with deliberate indifference, exposed him to conditions

4 that pose an unreasonable risk of serious damage to future health”) (emphasis added); see

5 also Hope v. Pelzer, 536 U.S. 730, 738 (2002) (citing Farmer, 511 U.S. at 842) (court

6 “may infer the existence of [deliberate indifference] from the fact that the risk of harm is

7 obvious”).

8

204. Plaintiffs, and the class members they represent, suffer a substantial risk of

9 serious harm to their health and safety due to the presence of, and spread of, COVID-19.

10

205. The County failed to comply with public health guidelines to prevent an

11 outbreak of COVID-19 and failed to provide for the safety of the Classes and Subclasses.

12 Defendants’ actions and inactions result in the confinement of members of the Classes and

13 Subclasses in a jail where they are not protected from, tested for, or treated for COVID-

14 19, which violates Plaintiffs’ rights to be free from cruel and unusual punishment.

15

206. Defendants knew of and disregarded the serious risks that COVID-19 poses

16 to Plaintiffs, including severe illness, permanent physical damage, and death. These risks

17 were well-established, known by, and obvious to Defendants.

18

207. In addition, Defendant Villanueva has actual knowledge of the different

19 policies, practices, and customs promulgated by the County across Los Angeles County

20 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

21 on repeated occasions. Despite having such personal knowledge and being personally

22 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

23 condoned, tolerated, and through actions and inactions ratified such policies while acting

24 under color of law.

25

208. Defendants have subjected Plaintiffs to conditions of confinement that

26 increased their risk of contracting COVID-19, for which there is no known vaccine,

27 treatment, or cure. This subjects Plaintiffs to cruel and unusual punishment. Due to the

28 conditions in County jails, Plaintiffs are unable to take steps to protect themselves—such

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1 as social distancing, accessing medical attention or testing, or washing their hands

2 regularly—and Defendants have failed to provide adequate protections or mitigation

3 measures. Defendants acted with deliberate indifference towards Plaintiffs by failing to

4 adequately safeguard their health and safety in the midst of a potential outbreak of a

5 contagious, infectious disease. See Cal. Gov't Code § 8658 (“In any case in which an

6 emergency endangering the lives of inmates of a state, county, or city penal or correctional

7 institution has occurred or is imminent, the person in charge of the institution may remove

8 the inmates from the institution. He shall, if possible, remove them to a safe and

9 convenient place and there confine them as long as may be necessary to avoid the danger,

10 or, if that is not possible, may release them. Such person shall not be held liable, civilly or

11 criminally, for acts performed pursuant to this section.”); see also Cal. Penal Code § 4012

12 (providing for the removal of prisoners to a “safe and convenient place . . . [of]

13 confinement” when “a pestilence or contagious disease breaks out in or near a jail . . .

14 liable to endanger the health of the prisoners”).

15

209. As a direct and proximate result of Defendants’ unconstitutional actions,

16 Plaintiffs and the class members they represent will suffer irreparable injury and are

17 entitled to immediate injunctive relief.

18

210. Accordingly, Defendants, as supervisors, direct participants, and policy

19 makers for the County, have violated the rights of the Post-Conviction Equitable Relief

20 Class and Post-Conviction Medically Vulnerable Subclass under the Eighth Amendment.

21

211. Section 2241(c)(3) allows this court to order the release of prisoners like

22 Plaintiffs who are held “in violation of the Constitution.” 28 U.S.C. 2241(c)(3); Preiser v.

23 Rodriguez, 411 U.S. 475, 484 (1973) (“It is clear, not only from the language of ss

24 2241(c)(3) and 2254(a), but also from the common-law history of the writ, that the

25 essence of habeas corpus is an attack by a person in custody upon the legality of that

26 custody, and that the traditional function of the writ is to secure release from illegal

27 custody.”); Peyton v. Rowe, 391 U.S. 54, 67 (1968) (Section 2241(c)(3) can afford

28 immediate release for claims other than those challenging the sentence itself). Pursuant to

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1 this section, the Medically Vulnerable Subclass should be released to the maximum extent

2 possible.

3

212. The members of Youth Justice Coalition and Dignity and Power Now have

4 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

5 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

6 Defendants, and both organizations continue to divert resources as a result of Defendants’

7 acts to ensure that their members and the communities they serve are not subjected to

8 Defendants’ unconstitutional practices.

9

FOURTH CAUSE OF ACTION

10

Failure to Accommodate in Violation of the Americans with Disabilities Act (42

11

U.S.C. § 12132)

12 (Medically Vulnerable Subclasses, Youth Justice Coalition, Dignity and Power Now

13

vs. All Defendants)

14

213. Plaintiffs incorporate by reference each and every allegation contained in

15 paragraphs 1 through 173 as if fully set forth herein.

16

214. Defendant County of Los Angeles is a public entity within the meaning of 42

17 U.S.C. § 12131. Public entities are required “to make reasonable modifications in policies,

18 practices, or procedures when the modifications are necessary to avoid discrimination on

19 the basis of disability.” 28 C.F.R. § 35.130(b)(7).

20

215. Defendants violate the ADA, 42 U.S.C. § 12132.

21

216. Plaintiffs and both Medically Vulnerable Subclasses suffer from disabilities

22 within the meaning and scope of the ADA. In particular, Plaintiffs’ disabilities put them at

23 heightened risk of contracting COVID-19. Plaintiffs also meet the eligibility requirements

24 for the receipt of the services, programs, or activities of the Defendants. 42 U.S.C.

25 § 12131. Accordingly, Plaintiffs are members of the class of persons protected by 42

26 U.S.C. § 12132, which make it unlawful for public entities to deny the benefits of the

27 services, programs, or activities of a public entity to persons with disabilities.

28

217. As alleged herein, Defendants violated the ADA by, among other things,

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1 their failure to provide reasonable accommodations and other services for Plaintiffs’

2 disabilities. Defendants failed to provide adequate protections for prisoners suffering from

3 pre-existing medical conditions that put them at higher risk of contracting COVID-19, in

4 order to protect them from exposure. Defendants failed to release such prisoners, which is

5 the only possible accommodation to fully protect them from COVID-19.

6

218. Defendants violated the ADA, including but not limited to, by failing to

7 “ensure that inmates or detainees with disabilities are housed in the most integrated

8 settings appropriate to the needs of the individuals” (28 C.F.R. Section 35.152(b)(2));

9 “failing to implement reasonable policies, including physical modifications to additional

10 cells in accordance with the 2010 [accessibility] Standards, so as to ensure that each

11 inmate with a disability is housed in a cell with the accessible elements necessary to afford

12 the inmate access to safe, appropriate housing (28 C.F.R. Section 35.152(b)(3)); failing or

13 refusing to provide the Medically Vulnerable Subclasses with reasonable accommodations

14 and other services related to their disabilities (28 C.F.R. section 35.130(a)); failing or

15 refusing to provide equally effective communication (28 C.F.R. section 35.160(a));

16 denying the Medically Vulnerable Subclasses “the opportunity to participate in or benefit

17 from aid, benefit, or service” provided by Defendants” (28 C.F.R. section 35.130(b)(1)(i));

18 failing to make “reasonable modifications in policies, practices or procedures when the

19 modifications are necessary to avoid discrimination on the basis of disability” (28 C.F.R.

20 35.130(b)(7)); failing to make available information to the Medically Vulnerable

21 Subclasses about their rights while detained in the jail (28 C.F.R. section 35.106); and

22 failing to “maintain in operable working conditions those features of facilities and

23 equipment that are required to be readily accessible to and usable by persons with

24 disabilities” (28 C.F.R. section 35.133(a)).

25

219. As a result of Defendants’ policy and practice of failing to provide reasonable

26 accommodations and modifications, Plaintiffs and both Medically Vulnerable Subclasses

27 do not have equal access to protection and jail activities, programs, and services for which

28 they are otherwise qualified.

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1

220. Defendants knew of and disregarded the serious risks that COVID-19 poses

2 to Plaintiffs, including severe illness, permanent physical damage, and death. See Cal.

3 Gov't Code § 8658 (“In any case in which an emergency endangering the lives of inmates

4 of a state, county, or city penal or correctional institution has occurred or is imminent, the

5 person in charge of the institution may remove the inmates from the institution. He shall,

6 if possible, remove them to a safe and convenient place and there confine them as long as

7 may be necessary to avoid the danger, or, if that is not possible, may release them. Such

8 person shall not be held liable, civilly or criminally, for acts performed pursuant to this

9 section.”); see also Cal. Penal Code § 4012 (providing for the removal of prisoners to a

10 “safe and convenient place . . . [of] confinement” when “a pestilence or contagious disease

11 breaks out in or near a jail . . . liable to endanger the health of the prisoners”).

12

221. In addition, Defendant Villanueva has actual knowledge of the different

13 policies, practices, and customs promulgated by the County across Los Angeles County

14 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

15 on repeated occasions. Despite having such personal knowledge and being personally

16 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

17 condoned, tolerated, and through actions and inactions ratified such policies while acting

18 under color of law.

19

222. As a direct and proximate result of Defendants’ conduct as alleged herein,

20 Plaintiffs and the class members they represent will suffer irreparable harm and are

21 entitled to immediate injunctive relief.

22

223. The members of Youth Justice Coalition and Dignity and Power Now have

23 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

24 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

25 Defendants, and both organizations continue to divert resources as a result of Defendants’

26 acts to ensure that their members and the communities they serve are not subjected to

27 Defendants’ unconstitutional practices.

28 / / /

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1

FIFTH CAUSE OF ACTION

2

Discrimination in Violation of the Americans with Disabilities Act (42 U.S.C.

3

§ 12132)

4 (Medically Vulnerable Subclasses, Youth Justice Coalition, Dignity and Power Now

5

vs. All Defendants)

6

224. Plaintiffs incorporate by reference each and every allegation in paragraphs 1

7 through 173 as if fully set forth herein.

8

225. Defendant County of Los Angeles is a public entity within the meaning of 42

9 U.S.C. § 12131. Public entities are required “to make reasonable modifications in policies,

10 practices, or procedures when the modifications are necessary to avoid discrimination on

11 the basis of disability.” 28 C.F.R. § 35.130(b)(7).

12

226. Defendants violate the ADA, 42 U.S.C. § 12132.

13

227. Plaintiffs and both Medically Vulnerable Subclasses suffer from disabilities

14 within the meaning and scope of the ADA. In particular, Plaintiffs’ disabilities put them at

15 heightened risk of contracting COVID-19. Plaintiffs also meet the eligibility requirements

16 for the receipt of the services, programs, or activities of the Defendants. 42 U.S.C.

17 § 12131. Accordingly, Plaintiffs are members of the class of persons protected by 42

18 U.S.C. § 12132, which make it unlawful for public entities to discriminate against

19 individuals with disabilities.

20

228. As alleged herein, Defendants violated the ADA by, among other things,

21 discriminating against members of the Medically Vulnerable Subclasses because of their

22 disabilities and/or medical conditions. Defendants failed to provide adequate protections

23 for prisoners suffering from pre-existing medical conditions that put them at higher risk of

24 contracting COVID-19, in order to protect them from exposure. Defendants failed to

25 release such prisoners, which is the only possible accommodation to fully protect them

26 from COVID-19.

27

229. As a result of Defendants’ policy and practice of discriminating against

28 Plaintiffs and the Medically Vulnerable Subclasses, Plaintiffs and the Medically

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1 Vulnerable Subclasses do not have equal access to protection and jail activities, programs,

2 and services for which they are otherwise qualified.

3

230. Defendants knew of and disregarded the serious risks that COVID-19 poses

4 to Plaintiffs, including severe illness, permanent physical damage, and death. See Cal.

5 Gov't Code § 8658 (“In any case in which an emergency endangering the lives of inmates

6 of a state, county, or city penal or correctional institution has occurred or is imminent, the

7 person in charge of the institution may remove the inmates from the institution. He shall,

8 if possible, remove them to a safe and convenient place and there confine them as long as

9 may be necessary to avoid the danger, or, if that is not possible, may release them. Such

10 person shall not be held liable, civilly or criminally, for acts performed pursuant to this

11 section.”); see also Cal. Penal Code § 4012 (providing for the removal of prisoners to a

12 “safe and convenient place . . . [of] confinement” when “a pestilence or contagious disease

13 breaks out in or near a jail . . . liable to endanger the health of the prisoners”).

14

231. In addition, Defendant Villanueva has actual knowledge of the different

15 policies, practices, and customs promulgated by the County across Los Angeles County

16 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

17 on repeated occasions. Despite having such personal knowledge and being personally

18 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

19 condoned, tolerated, and through actions and inactions ratified such policies while acting

20 under color of law.

21

232. As a direct and proximate result of Defendants’ conduct as alleged herein,

22 Plaintiffs and the class members they represent will suffer irreparable harm and are

23 entitled to immediate injunctive relief.

24

233. The members of Youth Justice Coalition and Dignity and Power Now have

25 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

26 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

27 Defendants, and both organizations continue to divert resources as a result of Defendants’

28 acts to ensure that their members and the communities they serve are not subjected to

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1 Defendants’ unconstitutional practices.

2

SIXTH CAUSE OF ACTION

3 Failure to Accommodate in Violation of the Rehabilitation Act (29 U.S.C. § 794)

4 (Medically Vulnerable Subclasses, Youth Justice Coalition, Dignity and Power Now

5

vs. All Defendants)

6

234. Plaintiffs incorporate by reference each and every allegation in paragraphs 1

7 through 173 as if fully set forth herein.

8

235. Section 504 of the Rehabilitation Act of 1973 provides in pertinent part:

9 “[N]o otherwise qualified individual with a disability … shall, solely by reason of her or

10 his disability, be excluded from the participation in, be denied the benefits of, or be

11 subjected to discrimination under any program or activity receiving federal financial

12 assistance….” 29 U.S.C. § 794.

13

236. At all relevant times to this action, Defendants were recipients of federal

14 funding within the meaning of the Rehabilitation Act. As recipients of federal funds, they

15 are required to reasonably accommodate prisoners with disabilities in their facilities,

16 program activities, and services. This Act further requires the Defendants to modify their

17 facilities, services, and programs as necessary to accomplish this purpose.

18

237. Plaintiffs and both Medically Vulnerable Subclasses they represent are

19 qualified individuals with disabilities as defined in the Rehabilitation Act. 29 U.S.C.

20 § 705(20)(B). They are otherwise qualified to participate in the services, programs, or

21 activities that are provided to inmates at the Los Angeles County jail facilities. 29 U.S.C.

22 § 794(b).

23

238. By their policy and practice of failing to reasonably accommodate prisoners

24 in the Medically Vulnerable Subclasses, Defendants violate Section 504 of the

25 Rehabilitation Act, 29 U.S.C. § 794.

26

239. As a result of Defendants’ conduct involving the failure to provide reasonable

27 accommodations, Plaintiffs and members of both Medically Vulnerable Subclasses do not

28 have equal access to jail activities, programs, and services for which they are otherwise

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1 qualified.

2

240. Defendants knew of and disregarded the serious risks that COVID-19 poses

3 to Plaintiffs, including severe illness, permanent physical damage, and death. See Cal.

4 Gov't Code § 8658 (“In any case in which an emergency endangering the lives of inmates

5 of a state, county, or city penal or correctional institution has occurred or is imminent, the

6 person in charge of the institution may remove the inmates from the institution. He shall,

7 if possible, remove them to a safe and convenient place and there confine them as long as

8 may be necessary to avoid the danger, or, if that is not possible, may release them. Such

9 person shall not be held liable, civilly or criminally, for acts performed pursuant to this

10 section.”); see also Cal. Penal Code § 4012 (providing for the removal of prisoners to a

11 “safe and convenient place . . . [of] confinement” when “a pestilence or contagious disease

12 breaks out in or near a jail . . . liable to endanger the health of the prisoners”).

13

241. In addition, Defendant Villanueva has actual knowledge of the different

14 policies, practices, and customs promulgated by the County across Los Angeles County

15 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

16 on repeated occasions. Despite having such personal knowledge and being personally

17 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

18 condoned, tolerated, and through actions and inactions ratified such policies while acting

19 under color of law.

20

242. As a direct and proximate result of Defendants’ conduct as alleged herein,

21 Plaintiffs and the class members they represent will suffer irreparable harm and are

22 entitled to immediate injunctive relief.

23

243. The members of Youth Justice Coalition and Dignity and Power Now have

24 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

25 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

26 Defendants, and both organizations continue to divert resources as a result of Defendants’

27 acts to ensure that their members and the communities they serve are not subjected to

28 Defendants’ unconstitutional practices.

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1

SEVENTH CAUSE OF ACTION

2

Discrimination and Disparate-Impact Discrimination in Violation of the

3

Rehabilitation Act (29 U.S.C. § 794)

4 (Medically Vulnerable Subclasses, Youth Justice Coalition, Dignity and Power Now

5

vs. All Defendants)

6

244. Plaintiffs incorporate by reference each and every allegation contained

7 paragraphs 1 through 173 as if fully set forth herein.

8

245. Section 504 of the Rehabilitation Act of 1973 provides in pertinent part:

9 “[N]o otherwise qualified individual with a disability … shall, solely by reason of her or

10 his disability, be excluded from the participation in, be denied the benefits of, or be

11 subjected to discrimination under any program or activity receiving federal financial

12 assistance….” 29 U.S.C. § 794.

13

246. At all relevant times to this action, Defendants were recipients of federal

14 funding within the meaning of the Rehabilitation Act. As recipients of federal funds,

15 they are required to provide equal protection to prisoners with disabilities in their

16 facilities, program activities, and services. This Act further requires the Defendants to

17 modify their facilities, services, and programs as necessary to accomplish this purpose.

18 Defendant County.

19

247. Plaintiffs and both Medically Vulnerable Subclasses they represent are

20 qualified individuals with disabilities as defined in the Rehabilitation Act. 29 U.S.C.

21 § 705(20)(B). They are otherwise qualified to participate in the services, programs, or

22 activities that are provided to inmates at the Los Angeles County jail facilities. 29 U.S.C.

23 § 794(b).

24

248. By their policy and practice of discriminating against prisoners in the

25 Medically Vulnerable Subclasses, Defendants violate Section 504 of the Rehabilitation

26 Act, 29 U.S.C. § 794. Defendants violate the Rehabilitation Act because their conduct has

27 a discriminatory motive and disparate impact on members of the Medically Vulnerable

28 Subclasses. See Marshall v. McMahon, 17 Cal.App.4th 1841, 1850 (1993) (“Claims of

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1 discriminatory motive and disparate-impact discrimination may be brought under the

2 Rehabilitation Act.”).

3

249. As a result of Defendants’ conduct involving discrimination and disparate

4 impact discrimination, Plaintiffs and members of both Medically Vulnerable Subclasses

5 do not have equal access to jail activities, programs, and services for which they are

6 otherwise qualified.

7

250. Defendants knew of and disregarded the serious risks that COVID-19 poses

8 to Plaintiffs, including severe illness, permanent physical damage, and death. See Cal.

9 Gov't Code § 8658 (“In any case in which an emergency endangering the lives of inmates

10 of a state, county, or city penal or correctional institution has occurred or is imminent, the

11 person in charge of the institution may remove the inmates from the institution. He shall,

12 if possible, remove them to a safe and convenient place and there confine them as long as

13 may be necessary to avoid the danger, or, if that is not possible, may release them. Such

14 person shall not be held liable, civilly or criminally, for acts performed pursuant to this

15 section.”); see also Cal. Penal Code § 4012 (providing for the removal of prisoners to a

16 “safe and convenient place . . . [of] confinement” when “a pestilence or contagious disease

17 breaks out in or near a jail . . . liable to endanger the health of the prisoners”).

18

251. In addition, Defendant Villanueva has actual knowledge of the different

19 policies, practices, and customs promulgated by the County across Los Angeles County

20 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

21 on repeated occasions. Despite having such personal knowledge and being personally

22 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

23 condoned, tolerated, and through actions and inactions ratified such policies while acting

24 under color of law.

25

252. As a direct and proximate result of Defendants’ conduct as alleged herein,

26 Plaintiffs and the class members they represent will suffer irreparable harm and are

27 entitled to immediate injunctive relief.

28

253. The members of Youth Justice Coalition and Dignity and Power Now have

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1 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

2 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

3 Defendants, and both organizations continue to divert resources as a result of Defendants’

4 acts to ensure that their members and the communities they serve are not subjected to

5 Defendants’ unconstitutional practices.

6

EIGHTH CAUSE OF ACTION

7

Cal. Gov’t Code § 11135

8 (Medically Vulnerable Subclasses, Youth Justice Coalition, Dignity and Power Now

9

vs. All Defendants)

10

254. Plaintiffs incorporate by reference each and every allegation contained in

11 paragraphs 1 through 173 as if fully set forth herein.

12

255. California Government Code section 11135(a) provides in pertinent part:

13 “No person in the State of California shall, on the basis of … disability, be unlawfully

14 denied the benefits of, or be unlawfully subjected to discrimination under, any program

15 or activity that is funded directly the state or receives any financial assistance from the

16 state.”

17

256. Defendants receive financial assistance from the State of California. Plaintiffs

18 and both Medically Vulnerable Subclasses are all persons with disabilities within the

19 meaning of California Government Code § 11135. They are otherwise qualified to

20 participate in the services, programs, or activities that are provided to inmates at the Los

21 Angeles County jail facilities.

22

257. Defendant County and its jails are entities are bound to comply with section

23 11135.

24

258. As described herein, Defendants deny Plaintiffs full access to the benefits of

25 the jail’s programs and activities which receive financial assistance from the State of

26 California and unlawfully subject Plaintiffs and both Medically Vulnerable Subclasses to

27 discrimination within the meaning of California Government Code § 11135(a) on the basis

28 of their disabilities.

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1

259. Plaintiffs and the Medically Vulnerable Subclasses have demanded that

2 Defendants stop their unlawful discriminatory conduct described herein but Defendants

3 refused and still refuse to refrain from that conduct.

4

260. As a result of Defendants’ conduct involving discrimination and the failure to

5 provide reasonable accommodations, Plaintiffs and members of the Medically Vulnerable

6 Subclasses do not have equal access to jail activities, programs, benefits, and services for

7 which they are otherwise qualified.

8

261. Defendants knew of and disregarded the serious risks that COVID-19 poses

9 to Plaintiffs, including severe illness, permanent physical damage, and death. See Cal.

10 Gov't Code § 8658 (“In any case in which an emergency endangering the lives of inmates

11 of a state, county, or city penal or correctional institution has occurred or is imminent, the

12 person in charge of the institution may remove the inmates from the institution. He shall,

13 if possible, remove them to a safe and convenient place and there confine them as long as

14 may be necessary to avoid the danger, or, if that is not possible, may release them. Such

15 person shall not be held liable, civilly or criminally, for acts performed pursuant to this

16 section.”); see also Cal. Penal Code § 4012 (providing for the removal of prisoners to a

17 “safe and convenient place . . . [of] confinement” when “a pestilence or contagious disease

18 breaks out in or near a jail . . . liable to endanger the health of the prisoners”).

19

262. In addition, Defendant Villanueva has actual knowledge of the different

20 policies, practices, and customs promulgated by the County across Los Angeles County

21 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

22 on repeated occasions. Despite having such personal knowledge and being personally

23 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

24 condoned, tolerated, and through actions and inactions ratified such policies while acting

25 under color of law.

26

263. As a direct and proximate result of Defendants’ conduct as alleged herein,

27 Plaintiffs and the class members they represent will suffer irreparable harm and are

28 entitled to immediate injunctive relief.

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1

264. The members of Youth Justice Coalition and Dignity and Power Now have

2 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

3 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

4 Defendants, and both organizations continue to divert resources as a result of Defendants’

5 acts to ensure that their members and the communities they serve are not subjected to

6 Defendants’ unconstitutional practices.

7

NINTH CAUSE OF ACTION

8

Unruh Act (Cal. Civ. Code § 51(f))

9 (Medically Vulnerable Subclasses, Youth Justice Coalition, Dignity and Power Now

10

vs. All Defendants)

11

265. Plaintiffs incorporate by reference each and every allegation contained in

12 paragraphs 1 through 173 as if fully set forth herein.

13

266. The Unruh Act provides that all persons within California are free and

14 equal and “no matter what their sex, race, color, religion, ancestry, national origin,

15 disability, medical condition, genetic information, marital status, sexual orientation,

16 citizenship, primary language, or immigration status are entitled to the full and equal

17 accommodations, advantages, facilities, privileges, or services in all business

18 establishments of every kind whatsoever.” Cal. Civ. Code § 51(b). Defendant County

19 and its jails are business establishments within the meaning of the Unruh Act, and thus

20 bound to comply with the Unruh Act.

21

267. Plaintiffs and members of both Medically Vulnerable Subclasses are

22 persons with disabilities as defined within the meaning of the Unruh Act. They are

23 otherwise qualified to participate in the services, programs, or activities that are provided

24 to inmates at the Los Angeles County jail facilities.

25

268. A violation of a right of any individual under the ADA also constitutes a

26 violation of the Unruh Act under Cal. Civ. Code § 51(f). Defendants have violated the

27 Unruh Act with respect to the Medically Vulnerable Subclasses through their violation of

28 the ADA as alleged herein.

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1

269. Defendants’ conduct violates the Unruh Act because their policies and

2 practices deny Plaintiffs and both Medically Vulnerable Subclasses of the full and equal

3 accommodations, advantages, facilities, privileges, and services they are entitled to on the

4 basis of their disabilities.

5

270. Defendants knew of and disregarded the serious risks that COVID-19 poses

6 to Plaintiffs, including severe illness, permanent physical damage, and death. See Cal.

7 Gov't Code § 8658 (“In any case in which an emergency endangering the lives of inmates

8 of a state, county, or city penal or correctional institution has occurred or is imminent, the

9 person in charge of the institution may remove the inmates from the institution. He shall,

10 if possible, remove them to a safe and convenient place and there confine them as long as

11 may be necessary to avoid the danger, or, if that is not possible, may release them. Such

12 person shall not be held liable, civilly or criminally, for acts performed pursuant to this

13 section.”); see also Cal. Penal Code § 4012 (providing for the removal of prisoners to a

14 “safe and convenient place . . . [of] confinement” when “a pestilence or contagious disease

15 breaks out in or near a jail . . . liable to endanger the health of the prisoners”).

16

271. In addition, Defendant Villanueva has actual knowledge of the different

17 policies, practices, and customs promulgated by the County across Los Angeles County

18 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

19 on repeated occasions. Despite having such personal knowledge and being personally

20 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

21 condoned, tolerated, and through actions and inactions ratified such policies while acting

22 under color of law.

23

272. As a direct and proximate result of Defendants’ conduct as alleged herein,

24 Plaintiffs and the class members they represent will suffer irreparable harm and are

25 entitled to immediate injunctive relief.

26

273. The members of Youth Justice Coalition and Dignity and Power Now have

27 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

28 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

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1 Defendants, and both organizations continue to divert resources as a result of Defendants’

2 acts to ensure that their members and the communities they serve are not subjected to

3 Defendants’ unconstitutional practices.

4

TENTH CAUSE OF ACTION

5

California Disabled Persons Act (Cal. Civ. Code § 54(c))

6 (Medically Vulnerable Subclasses, Youth Justice Coalition, Dignity and Power Now

7

vs. All Defendants)

8

274. Plaintiffs incorporate by reference each and every allegation contained

9 paragraphs 1 through 173 as if fully set forth herein.

10

275. The California Disabled Persons Act, California Civil Code section 54(a)

11 provides that “individuals with disabilities or medical conditions have the same right as

12 the general public to the full and free use of the streets, highways, sidewalks, walkways,

13 public buildings, medical facilities, including hospitals, clinics, and physicians’ offices,

14 public facilities, and other public spaces.” Defendant County and its jails provide public

15 services within the meaning of this Act and thus are bound to comply with the California

16 Disabled Persons Act.

17

276. Plaintiffs and members of both Medically Vulnerable Subclasses are persons

18 with disabilities and/or medical conditions as defined within the meaning of California

19 Civil Code section 54(b) and Government Code § 12926. They are otherwise qualified to

20 participate in the services, programs, or activities that are provided to inmates at the Los

21 Angeles County jail facilities.

22

277. A violation of a right of any individual under the ADA also constitutes a

23 violation of California Civil Code section 54 under Cal. Civ. Code § 54(c). Defendants

24 have violated the California Civil Code section 54 with respect to the Medically

25 Vulnerable Subclasses through their violation of the ADA as alleged herein.

26

278. Defendants’ conduct violates California Code section 54 because their

27 policies and practices deny Plaintiffs and both Medically Vulnerable Subclasses of the full

28 and equal accommodations, advantages, facilities, privileges, and services they are entitled

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1 to on the basis of their disabilities and/or medical conditions.

2

279. Plaintiffs and the Medically Vulnerable Subclasses have demanded that

3 Defendants stop their unlawful discriminatory conduct described herein but Defendants

4 refused and still refuse to refrain from that conduct.

5

280. Defendants knew of and disregarded the serious risks that COVID-19 poses

6 to Plaintiffs, including severe illness, permanent physical damage, and death. See Cal.

7 Gov't Code § 8658 (“In any case in which an emergency endangering the lives of inmates

8 of a state, county, or city penal or correctional institution has occurred or is imminent, the

9 person in charge of the institution may remove the inmates from the institution. He shall,

10 if possible, remove them to a safe and convenient place and there confine them as long as

11 may be necessary to avoid the danger, or, if that is not possible, may release them. Such

12 person shall not be held liable, civilly or criminally, for acts performed pursuant to this

13 section.”); see also Cal. Penal Code § 4012 (providing for the removal of prisoners to a

14 “safe and convenient place . . . [of] confinement” when “a pestilence or contagious disease

15 breaks out in or near a jail . . . liable to endanger the health of the prisoners”).

16

281. In addition, Defendant Villanueva has actual knowledge of the different

17 policies, practices, and customs promulgated by the County across Los Angeles County

18 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

19 on repeated occasions. Despite having such personal knowledge and being personally

20 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

21 condoned, tolerated, and through actions and inactions ratified such policies while acting

22 under color of law.

23

282. As a direct and proximate result of Defendants’ conduct as alleged herein,

24 Plaintiffs and the class members they represent will suffer irreparable harm and are

25 entitled to immediate injunctive relief.

26

283. The members of Youth Justice Coalition and Dignity and Power Now have

27 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

28 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

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1 Defendants, and both organizations continue to divert resources as a result of Defendants’

2 acts to ensure that their members and the communities they serve are not subjected to

3 Defendants’ unconstitutional practices.

4

ELEVENTH CAUSE OF ACTION

5

California Bane Act (Cal. Civ. Code § 52.1)

6

(All Plaintiffs vs. All Defendants)

7

284. Plaintiffs incorporate by reference each and every allegation contained in

8 paragraphs 1 through 173 as if fully set forth herein.

9

285. Defendant County and its jails are entities bound to comply with the Bane

10 Act.

11

286. The acts by Defendants violate the federal and state constitutional rights of

12 Plaintiffs, as guaranteed by the Fourteenth and Eighth Amendments to the U.S.

13 Constitution and by the California Constitution Article I, sections 7 and 17. Defendants

14 used force, intimidation, coercion, and/or the threat of force, intimidation, and coercion

15 directed toward Plaintiffs. They did so by confining Plaintiffs in County jails, where they

16 have no freedom to take measures of their own volition to protect themselves from

17 COVID-19. Defendants subjected Plaintiffs to conditions of confinement that deprive

18 them of any ability to protect themselves from COVID-19 and unnecessarily exposed

19 them to risk of contracting the virus, putting them at risk of serious illness and even death.

20

287. Defendants unlawful actions were done willfully, maliciously, and with the

21 specific intent to deprive Plaintiffs of their constitutional and statutory rights.

22

288. In addition, Defendant Villanueva has actual knowledge of the different

23 policies, practices, and customs promulgated by the County across Los Angeles County

24 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

25 on repeated occasions. Despite having such personal knowledge and being personally

26 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

27 condoned, tolerated, and through actions and inactions ratified such policies while acting

28 under color of law.

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1

289. As a direct and proximate consequence of Defendants’ actions, Plaintiffs and

2 the class members they represent suffered a loss of their constitutional rights and injury,

3 will suffer irreparable harm, and they are entitled to immediate injunctive relief.

4

290. The members of Youth Justice Coalition and Dignity and Power Now have

5 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

6 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

7 Defendants, and both organizations continue to divert resources as a result of Defendants’

8 acts to ensure that their members and the communities they serve are not subjected to

9 Defendants’ unconstitutional practices.

10

TWELFTH CAUSE OF ACTION

11

Violation of California Constitution Art. I § 7

12

(All Plaintiffs vs. All Defendants)

13

291. Plaintiffs incorporate by reference each and every allegation contained in

14 paragraphs 1 through 171 as if fully set forth herein.

15

292. Defendants owe Plaintiffs a duty under Article I, section 7 of the California

16 Constitution to provide Plaintiffs with due process and equal protection under the law.

17

293. By the conduct described herein, Defendants violated these rights guaranteed

18 to Plaintiffs. As a direct and proximate consequence of Defendants’ conduct, Plaintiffs

19 and the class members they represent suffered a loss of their constitutional rights, will

20 suffer irreparable harm, and are entitled to immediate injunctive relief.

21

294. Defendants have been and are aware of all the deprivations complained of

22 herein and have condoned or been deliberately indifferent to such conduct.

23

295. In addition, Defendant Villanueva has actual knowledge of the different

24 policies, practices, and customs promulgated by the County across Los Angeles County

25 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

26 on repeated occasions. Despite having such personal knowledge and being personally

27 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

28 condoned, tolerated, and through actions and inactions ratified such policies while acting

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1 under color of law.

2

296. The members of Youth Justice Coalition and Dignity and Power Now have

3 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

4 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

5 Defendants, and both organizations continue to divert resources as a result of Defendants’

6 acts to ensure that their members and the communities they serve are not subjected to

7 Defendants’ unconstitutional practices.

8

THIRTEENTH CAUSE OF ACTION

9

Violation of California Constitution Art. I § 17

10

(All Plaintiffs vs. All Defendants)

11

297. Plaintiffs incorporate by reference each and every allegation contained in

12 paragraphs 1 through 173 as if fully set forth herein.

13

298. Defendants owe Plaintiffs a duty under Article I, section 17 of the California

14 Constitution not to impose cruel or unusual punishment.

15

299. By the conduct described herein, Defendants violated these rights guaranteed

16 to Plaintiffs. As a direct and proximate consequence of Defendants’ conduct, Plaintiffs

17 and the class members they represent suffered a loss of their constitutional rights, will

18 suffer irreparable harm, and are entitled to immediate injunctive relief.

19

300. Defendants have been and are aware of all the deprivations complained of

20 herein and have condoned or been deliberately indifferent to such conduct.

21

301. In addition, Defendant Villanueva has actual knowledge of the different

22 policies, practices, and customs promulgated by the County across Los Angeles County

23 jails as alleged herein, and personally spoke on the issue of COVID-19 in County jails

24 on repeated occasions. Despite having such personal knowledge and being personally

25 involved in the inadequate response to COVID-19 in County jails, Defendant Villanueva

26 condoned, tolerated, and through actions and inactions ratified such policies while acting

27 under color of law.

28

302. The members of Youth Justice Coalition and Dignity and Power Now have

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1 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

2 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

3 Defendants, and both organizations continue to divert resources as a result of Defendants’

4 acts to ensure that their members and the communities they serve are not subjected to

5 Defendants’ unconstitutional practices.

6

FOURTEENTH CAUSE OF ACTION

7

Declaratory Relief (Cal. Code Civ. Proc. § 1060)

8

(All Plaintiffs vs. All Defendants)

9

303. Plaintiffs incorporate by reference each and every allegation contained in

10 paragraphs 1 through 173 as if fully set forth herein.

11

304. There is an actual controversy between Plaintiffs and Defendants concerning

12 their respective rights and duties in that Petitioner contends that the acts of Defendants, as

13 described herein, are in violation of federal and state law, and Defendants contend in all

14 aspects to the contrary.

15

305. Plaintiffs and the class members they represent are entitled to a legal

16 declaration of their rights and Defendants’ obligations under applicable federal and state

17 law as alleged in this petition/complaint.

18

306. The members of Youth Justice Coalition and Dignity and Power Now have

19 had their constitutional rights violated by Defendants’ conduct. The mission of both Youth

20 Justice Coalition and Dignity and Power Now are also frustrated by the acts of

21 Defendants, and both organizations continue to divert resources as a result of Defendants’

22 acts to ensure that their members and the communities they serve are not subjected to

23 Defendants’ unconstitutional practices.

24

307. Plaintiffs request relief, as set forth below.

25

PRAYER FOR RELIEF

26

308. WHEREFORE, Plaintiffs and the Class Members respectfully request that

27 the Court:

28

A. Certify this case as a class action and certify the proposed classes and

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1

subclasses;

2

B. Enter a declaratory judgment that Defendants violated Named Plaintiffs’ and

3

Class Members’ constitutional rights by failing to adequately safeguard their

4

health and safety in the midst of a potential outbreak of a contagious,

5

infectious disease;

6

C. Grant a writ of habeas corpus for members of the Medically Vulnerable

7

Subclasses to the maximum extent possible, absent proof of recorded judicial

8

findings that the individual poses a risk of flight or danger to others that no

9

other conditions of release can mitigate, and ordering that Defendants provide

10

these individuals with educational resources on COVID-19, including

11

instructions that they should self-isolate for the CDC-recommended period of

12

time (currently 14 days) following release;

13

D. Enter a temporary restraining order, preliminary injunction, and permanent

14

injunction requiring Defendants, in County jails during the COVID-19

15

pandemic, to:

16

a. Effectively communicate to all incarcerated people, including low-

17

literacy and non-English-speaking people, sufficient information about

18

COVID-19, measures taken to reduce the risk of transmission, and any

19

changes in policies or practices to reasonably ensure that individuals

20

are able to take precautions to prevent infection;

21

b. Perform pre-intake screening for all people who are arrested and

22

booked into LASD custody for symptoms of COVID-19 upon entry (or

23

re-entry). This includes temperature screening, as well as a verbal

24

symptom check;

25

c. Quarantine all people who are arrested for 14 days before they enter

26

the general population by cohorting daily intakes if necessary;

27

d. Perform screening for all custody, medical and ancillary jail staff for

28

symptoms of COVID-19 every time they enter the facility. This

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1

includes temperature screening as well as a verbal symptom check;

2

e. Provide adequate spacing of six feet or more between incarcerated

3

people so that social distancing can be accomplished;

4

f. Ensure that each incarcerated person receives, free of charge: (1) an

5

individual supply of liquid hand soap and paper towels sufficient to

6

allow frequent hand washing and drying each day; and (2) an adequate

7

supply of disinfectant hand wipes or disinfectant products effective

8

against the virus that causes COVID-19 for daily cleanings; and

9

(3) multiple face masks that are regularly cleaned.

10

g. Ensure that all incarcerated people have access to hand sanitizer

11

containing at least 60% alcohol;

12

h. Provide access to daily showers and daily access to clean laundry,

13

including clean personal towels and washrags after each shower.

14

Ensure showers are cleaned and disinfected at least daily and that

15

incarcerated persons have supplies to clean showers between uses, and

16

provide gloves to staff or incarcerated persons who clean the showers;

17

i. Require that all jail staff and incarcerated persons wear PPE consistent

18

with CDC and LA DPH guidelines. Require that all LASD staff

19

working in County jails wear PPE, including CDC-recommended

20

surgical masks. If cloth masks are distributed, they must be laundered

21

regularly. Provide more than one cloth mask per prisoner such that if

22

masks break or cannot be laundered daily that prisoners have

23

replacements.

24

j. Require that all LASD staff working in County jails wash their hands,

25

apply hand sanitizer containing at least 60% alcohol, or change their

26

gloves both before and after interacting with any person or touching

27

surfaces in cells or common areas;

28

k. Take each incarcerated person’s temperature (with a functioning and

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1

properly operated thermometer) and conduct symptom screenings at all

2

health care appointments to identify potential COVID-19 infections;

3

l. Conduct immediate testing for anyone displaying symptoms of

4

COVID-19;

5

m. Ensure that individuals identified as having COVID-19 or having been

6

exposed to COVID-19 receive adequate testing, treatment, and medical

7

care and are properly quarantined in a non-punitive setting, with

8

continued access to showers, recreation, mental health services,

9

reading materials, phone and video calling with loved ones,

10

communications with counsel, and personal property. Use cohort

11

housing only for those persons with laboratory-confirmed COVID-19

12

cases, not suspected cases. Ensure that individuals identified as close

13

contacts of COVID-19 are quarantined pursuant to CDC and LA DPH

14

guidelines;

15

n. Respond to all emergency (as defined by the medical community)

16

requests for medical attention within an hour;

17

o. Ensure that staff or incarcerated workers, several times a day, clean

18

and disinfect high touch surfaces and objects in common areas, with

19

EPA-registered disinfectants. Provide sufficient disinfecting supplies—

20

including access to EPA-registered disinfectants or disinfectant

21

wipes—free of charge, so incarcerated people can clean high-touch

22

areas or items (including, but not limited to, phones, sinks, toilet

23

handles, recreation equipment, and headphones) between each use.

24

Facility staff must ensure there is adequate supervision of all

25

individuals responsible for cleaning and disinfecting these areas;

26

p. Waive all medical co-pays for those experiencing COVID-19-related

27

symptoms;

28

q. Provide opportunities for incarcerated persons to communicate free of

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1

charge with their families and loved ones;

2

r. Submit a plan to the Court within five days, to be overseen by a

3

qualified expert pursuant to Fed. R. Evid. 706, which outlines: (1) the

4

specific steps taken to implement the relief entered herein, (2) all other

5

mitigation efforts to significantly reduce the risk of contraction of

6

COVID-19 by all class members not immediately released, (3) a

7

housing plan for any released Class or Subclass member whose testing

8

confirms that have been exposed or infected with COVID-19 and who

9

do not have in place housing, and (4) an evaluation of whether the

10

release of Subclass members permits adequate social distancing; and

11

s. Waive all charges for medical grievances during this health crisis.

12

E. Order an inspection of each of Los Angeles County’s jail facilities by a

13

medical expert in infectious disease who can report to the court at the

14

preliminary injunction hearing on his/her findings and answer questions

15

provided in advance of the hearing101;

16

F. If immediate release is not granted to the medically vulnerable on the basis of

17

this habeas Petition alone, then expedited review of the Petition, including

18

oral argument, via telephonic or videoconference if necessary;

19

G. Enter an order and judgment granting reasonable attorneys’ fees and costs

20

pursuant to 42 U.S.C. § 1988, 42 U.S.C. § 12133, 29 U.S.C. § 794(a), or as

21

otherwise authorized by law;

22 / / /

23 / / /

24 / / /

25
26 101 See, e.g., Banks v. Booth, No. 1:20-cv-849 (CKK), Dkt. No. 34 (Apr. 9, 2020) (appointing amici curiae jail inspectors, ordering the Department of Corrections to allow
27 inspection of all facilities including interviews with prisoners, make documents 28 available, and make staff and managers available for interviews, and directing amici
curiae to answer list of questions from the Court).

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1

H. Order such other and further relief as this Court deems just, proper, and

2

equitable.

3

4

Respectfully Submitted,

5 Dated: April 24, 2020

HADSELL STORMER RENICK & DAI LLP

6

KAYE, MCLANE, BEDNARSKI & LITT, LLP

7

CIVIL RIGHTS CORPS

8

UCLA LAW CLINICS

9

ACLU OF SOUTHERN CALIFORNIA

10

AMERICAN CIVIL LIBERTIES UNION

11

12

By: /s/- Dan Stormer

13

Dan Stormer

14

Attorneys for Petitioners/Plaintiffs

15

16

17

18

19

20

21

22

23

24

25

26

27

28

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 Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 1 of 35 Page ID #:98

1 Dan Stormer, Esq. SBN 101967

2

Shaleen Shanbhag, Esq. SBN 301047 Tanya Sukhija-Cohen, Esq. SBN 295589

3

Theresa Zhen, Esq. SBN 300710 HADSELL STORMER RENICK & DAI LLP

4 128 N. Fair Oaks Avenue

5

Pasadena, California 91103 Telephone: (626) 585-9600

6

Facsimile: (626) 577-7079 Emails: dstormer@hadsellstormer.com

7

sshanbhag@hadsellstormer.com

8

tanya@hadsellstormer.com tzhen@hadsellstormer.com

9

10

Barrett S. Litt, SBN 45527 blitt@kmbllaw.com

11

Lindsay Battles, SBN 262862 lbattles@kmbllaw.com

12 Kaye, McLane, Bednarski & Litt, LLP

13

975 East Green St. Pasadena, California 91106

14

Telephone: (626) 844-7660 Facsimile: (626) 844-7670

15

16 Attorneys for Petitioners/Plaintiffs

17 [Additional Counsel continued on next page]

18

UNITED STATES DISTRICT COURT

19

CENTRAL DISTRICT OF CALIFORNIA

20 RODNEY O. CULLORS et al. on behalf of 21 themselves and all others similar situated,

22

Plaintiffs,

23 vs. 24 25 COUNTY OF LOS ANGELES et al,

26 Defendants.

27

Case No.: 2:20-cv-03760 CLASS ACTION NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION [CONCURRENTLY WITH DECLARATIONS; EXHIBITS; [PROPOSED] ORDER] Date/Time: To be set by Court Courtroom: To be set by Court

28

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 2 of 35 Page ID #:99

1 [Additional Counsel continued from first page]

2

3

Peter J. Eliasberg, Esq. [S.B. #189110] ACLU OF SOUTHERN CALIFORNIA

4 1313 W. 8th St.

5

Los Angeles, CA 90017 Telephone: (213) 977-9500

6

Facsimile: (213) 977-5299 Email: peliasberg@aclu.sc.org

7

8

9

10

Catherine Sweetser, SBN 271142 Alicia Virani, SBN 281187

11

Aaron Littman, SBN 330283 UCLA LAW CLINICS

12 385 Charles E. Young Drive East

13

Los Angeles, CA 90095 (310) 825-9562

14

Email: csweetser@sshhlaw.com virani@law.ucla.edu

15

littman@law.ucla.edu

Alec Karakatsanis* Katherine C. Hubbard, Esq. [S.B. #302729] CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009 Telephone: (202) 894-6126 Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org
katherine@civilrightscorps.org Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

16 Andrea Woods, Esq.*

17 AMERICAN CIVIL LIBERTIES UNION

18

125 Broad Street, 18th Floor New York, NY 10004

19

Telephone: (212) 549-2528 Facsimile: (212) 607-3329

20 Email: awoods@aclu.org

21 *pro hac vice applications forthcoming 22

23

24

25

26

27

28

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 3 of 35 Page ID #:100

1

TO ALL PARTIES HEREIN AND TO THEIR RESPECTIVE ATTORNEYS OF

2 RECORD:

3

PLEASE TAKE NOTICE THAT as soon as the matter may be heard and as set for

4 hearing by the Court, Plaintiffs will, and hereby do, move this Court for an Order

5 certifying a Rule 23(b)(2) injunctive relief class comprised of all current and future

6 pretrial detainees incarcerated in any Los Angeles County jail facility from the present

7 until the COVID-19 pandemic has ended with development of a vaccine available to all

8 inmates. Plaintiffs will move for certification of an identical injunctive relief class

9 comprised of all current and future post-conviction prisoners incarcerated in any LACJ 10 facility. Finally, Plaintiffs will move for certification of two injunctive relief subclasses –

11 for pretrial and post-conviction prisoners – who are medically vulnerable based on their

12 age and/or underlying health condition. 13

14 Dated: April 24, 2020 15 16 17 18 19

Respectfully Submitted,
HADSELL STORMER RENICK & DAI LLP KAYE, MCLANE, BEDNARSKI & LITT, LLP AMERICAN CIVIL LIBERTIES UNION CIVIL RIGHTS CORPS UCLA LAW CLINICS ACLU OF SOUTHERN CALIFORNIA

20

By: /s/ Barrett S. Litt

_

21

Barrett S. Litt

22

By: /s/ Lindsay Battles

_

23

Lindsay Battles

24

By: /s/ Dan Stormer

_

25

Dan Stormer

26

Attorneys for Plaintiffs

27

28

1

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 4 of 35 Page ID #:101

1

TABLE OF CONTENTS

2 I. 3 4 II. 5 6 7 8 9

INTRODUCTION ..................................................................................................... 1
RELEVANT FACTS.................................................................................................3
A. THE RISK OF COVID-19 TRANSMISSION IS FAR GREATER IN CUSTODIAL SETTINGS THAN IN THE COMMUNITY ................................................................. 3
B. THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT HAS FAILED TO TAKE CONSTITUTIONALLY ADEQUATE MEASURES TO MITIGATE THE SPREAD OF COVID-19 WITHIN THE JAIL SYSTEM ................................................................ 5

10 III. PLAINTIFFS’ PROPOSED CLASSES ..................................................................10

11 IV. 12 13 V.
14 15 VI.

NAMED PLAINTIFFS ........................................................................................... 12 CLASS ACTIONS ARE PARTICULARLY SUITABLE IN CIVIL RIGHTS CASES SEEKING INJUNCTIVE RELIEF............................................................13 PLAINTIFFS’ PROPOSED CLASSES SATISFY RULE 23(A)...........................14

16

A. COMMONALITY ................................................................................................. 15

17

1. Plaintiffs’ Pretrial and Post-Conviction Equitable Relief Classes Satisfy

18

the Commonality Requirement ...................................................................... 15

19

2. Plaintiffs’ Medically Vulnerable Habeas Subclasses Satisfy the

20

Commonality Requirement .......................................................................... 21

21

B. TYPICALITY.......................................................................................................22

22

C. NUMEROSITY .................................................................................................... 23

23

D. ADEQUACY OF REPRESENTATION......................................................................24

24

1. Representatives’ Interests Are Not Antagonistic To The Class ................. 25

25

2. Counsel Are Well Qualified To Represent The Class ................................ 25

26 VII. CONCLUSION........................................................................................................26 27

28

i

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 5 of 35 Page ID #:102

1

TABLE OF AUTHORITIES

2 3 4 Cases

Page(s)

5 Amchem Products, Inc. v. Windsor,

6

521 U.S. 591 (1997) ........................................................................................................ 15 Armstrong v. Davis,

7 275 F.3d 849 (9th Cir. 2001)...........................................................................................16

8

Arnott v. U.S. Citizenship & Immigration Servs., 290 F.R.D. 579 (C.D. Cal. 2012) .................................................................................... 25

9 Baharona–Gomez v. Reno,

10 167 F.3d 1228 (9th Cir.1999)..........................................................................................15

11

Staton v. Boeing, 327 F.3d 938 (9th Cir. 2003) ........................................................................................... 25

12 Brown v. City of Detroit,

13

2012 WL 4470433 (E.D. Mich. Sept. 27, 2012) ............................................................. 16 Carrillo v. Schneider Logistics, Inc.,

14 No. CV-11-8557 CAS, 2012 WL 556309 (C.D. Cal. Jan. 31, 2012) .............................15

15 Celano v. Marriott Int’l, Inc., 242 F.R.D. 544 (N.D. Cal. 2007) .................................................................................... 24
16 Cervantez v. Celestica Corp.,

17 253 F.R.D. 562 (C.D. Cal. 2008) ....................................................................................24

18

East Texas Motor Freight, Inc. v. Rodriguez, 431 U.S. 395 (1977) ........................................................................................................ 14

19 Ellis v. Costco Wholesale Corp.,

20 285 F.R.D. 492 (N.D.Cal. 2012) .....................................................................................16

Gay v. Waiters' & Dairy Lunchmen's Union, 21 549 F.2d 1330 (9th Cir.1997)..........................................................................................24

22 Gray v. Golden Gate Nat. Recreational Area,

23

279 F.R.D. 501 (N.D. Cal. 2011) .................................................................................... 16 Hanlon v. Chrysler Corp.,

24 150 F.3d 1011 (9th Cir. 1998)...................................................................................21, 23

25

Hanon v. Dataproducts Corp., 976 F. 2d 497 (9th Cir. 1992) .......................................................................................... 23

26 Ibrahim v. Acosta,

27 326 F.R.D. 696 (S.D. Fla. 2018) ...................................................................................3, 4

28

In Re: Northern Dist. Of Cal Dalkon Shield, Etc., 693 F. 2nd 847 (9th Cir. 1982) ............................................................................... 25

Jimenez v. Allstate Ins. Co., 765 F.3d 1161 (9th Cir.2014) .......................................................................................... 23

ii

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 6 of 35 Page ID #:103

1 Johnson v. California,

2

543 U.S. 499, 125 S.Ct. 1141 (2005) .............................................................................. 16 Jordan v. Los Angeles County,

3 669 F.2d 1311 (9th Cir. 1982).........................................................................................23

4 Lerwill Inflight Motion Pictures, Inc.,

5

582 F. 2d 507 (9th Cir. 1978) .......................................................................................... 25 Leyva v. Buley,

6 125 F.R.D. 512 (E.D.Wash.1989) ...................................................................................24

7

Leyva v. Medline Indus., 716 F.3d 510 (9th Cir. 2013) ........................................................................................... 23

8 Lyon v. ICE, --- F.R.D. ----,

9 2014 WL 1493846 (N.D. Cal. Apr. 16, 2014) ................................................................25

10

Lyon v. U.S. Immigration & Customs, Enf't, 308 F.R.D. 203 (N.D. Cal. 2015)...........................................................................14

11 Mazza v. Am. Honda Motor Co., Inc.,

12

666 F.3d 581 (9th Cir.2012) ............................................................................................ 15 Moeller v. Taco Bell Corp.,

13 220 F.R.D. 604 (N.D. Cal. 2004) ....................................................................................24

14

Neves v. Souza, ---F.Supp.3d--- (2020), 2020 WL 1703844 (Dist. Mass. April 8, 2020) ........................ 20

15 Orvis v. Spokane Cnty.,

16 281 F.R.D. 469 (E.D. Wash. 2012) .................................................................................24

17

Parsons v. Ryan 754 F.3d 657 (9th Cir. 2014) ..........................................................................17, 18, 19, 20

18 Powers v. Hamilton Cnty. Pub. Defender Comm'n,

19

501 F.3d 592 (6th Cir.2007) ...................................................................................... 17, 18 Probe v. State Teachers' Retirement System,

20 780 F.2d 776 (9th Cir. 1986)...........................................................................................14

21 Robidoux v. Celani,

22

987 F2.d 931 (2d Cir. 1993) ............................................................................................ 25 Scott v. Clarke,

23 61 F. Supp. 3d 569 (W.D. Va. 2014) ..............................................................................19

24

Thomas v. Baca, 231 F.R.D. 397 (C.D. Cal. 2005) .................................................................................... 24

25 Torres v. Mercer Canyons, __ F.3d __, 2016,

26

2016 WL 4537378(9th Cir. 8/31/16)...............................................................................21 Tyler v. Suffolk County,

27 253 F.R.D. 8 (D. Mass. 2008) .........................................................................................19

28 Vaquero v. Ashley Furniture Industries, Inc., 824 F.3d 1150 (9th Cir. 2016) ......................................................................................... 23

iii

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 7 of 35 Page ID #:104

1 Wal-Mart Stores, Inc. v. Dukes,

2 564 U.S. 338,131 S. Ct. 2541, 180 L. Ed. 2d 374 (2011) .........................................13, 15 Walters v. Reno,
3 145 F.3d 1032 (9th Cir. 1998)...................................................................................14, 21

4 Wang v. Chinese Daily News, Inc.,

5

737 F.3d 538 (9th Cir. 2013) ........................................................................................... 15 Yates v. Collier,

6 868 F.3d 354 (5th Cir. 2017)...........................................................................................20

7 Rules 8 Federal Rule of Civil Procedure Rule 23....................................................................passim 9 10 Other Authorities

11 Newberg on Class Actions § 3:13 (5th ed. 2014) ..............................................................24

12

Newberg on Class Actions § 3:15 (5th ed. 2014) ........................................................ 24, 25 Newberg on Class Actions, §25:20 (4th ed. 2002).............................................................. 14

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

iv

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 8 of 35 Page ID #:105

1

MEMORANDUM OF POINTS AND AUTHORITIES

2 I. INTRODUCTION

3

This case arises from Defendants Los Angeles County and the Los Angeles

4 County Sheriff’s Department’s (“LASD”) failure to adequately protect the lives

5 and safety of persons incarcerated within Los Angeles County Jail system

6 (“LACJ”) from the novel coronavirus and its resulting disease, COVID-19.

7

Despite clear guidance from national and local public health agencies

8 regarding the urgent need to address this growing pandemic within correctional

9 facilities, Defendants have failed to take constitutionally adequate measures to

10 respond to the urgent threat posed to people confined in its jail. While the LASD

11 has reduced its jail population, all jail facilities remain so crowded that there is no

12 feasible way to promote social distancing, the single most important tool in

13 slowing the spread of the virus. Until social distancing becomes possible, LASD

14 has no effective means to protect the health and lives of persons within its custody.

15 Many LASD Inmates currently lack free soap for handwashing and appropriate

16 cleaning supplies to disinfect surfaces that may carry the virus, including high-

17 touch surfaces such as shared telephones, tables, and fixtures. LASD has not

18 adopted sufficient procedures to prevent asymptomatic and presymptomatic

19 individuals from carrying COVID-19 into the jails. Though it conducts some

20 screening of new bookings, it has implemented no system to quarantine new

21 inmates for 14 days, the only effective way to prevent introduction of the virus

22 through new bookings. Access to testing remains inadequate, even for persons who

23 show symptoms of COVID-19.

24

Until LASD adopts precautions consistent with the Center for Disease

25 Control (“CDC”) and Los Angeles Department of Public Health (DPH) guidance, it

26 is virtually certain that COVID-19 will continue to spread in the jails, resulting in 27 extraordinary risk to all inmates and particularly to the high percentage of 28 medically vulnerable individuals who are most likely to become severely ill or to

1

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 9 of 35 Page ID #:106

1 die should they become infected. The WHO-China Joint Mission Report indicates

2 that the mortality rate from COVID-19 for those with cardiovascular disease was

3 13.2%, 9.2% for diabetes, 8.4% for hypertension, 8.0% for chronic respiratory

4 disease, and 7.6% for cancer.1 Defendants’ disregard of the known risks of illness

5 and death, and the failure of their current policies and practices, expose jail

6 detainees to a highly fatal, infectious disease in violation of their rights under the

7 and Fourteenth Amendment and the Eighth Amendment. See Decl. of Dr. Franco-

8 Paredes ¶¶ 24-32.

9

This case seeks to require Defendants to implement constitutionally

10 adequate procedures to protect jail inmates from contracting COVID-19 in

11 custody, compliance with guidelines issued by public health agencies, including

12 the CDC and DPH, to maximally mitigate spread of the virus, and reduction of the

13 jail population sufficient to facilitate social distancing. Plaintiffs also seek release

14 of medically vulnerable persons, to the maximum extent possible, which will in
15 turn allow for proper social distancing of those not released.
16

17

Plaintiffs seek certification of two primary injunctive relief classes

18 comprised of all (1) pretrial and (2) post-convicted persons within the custody of

19 the Los Angeles County Jail, all of whom face an exceedingly high risk of

20 exposure to COVID-19 due to the LASD’s failure to take adequate measures to

21 mitigate the spread of the virus within the jails. Plaintiffs also seek certification of

22 two subclasses comprised of (1) pretrial and (2) post-convicted persons who

23 qualify as medically vulnerable based on their age or pre-existing medical

24 conditions (Medically Vulnerable Subclasses). Because no measures exist or could

25 be implemented to ensure the safety of the Medically Vulnerable Subclasses, the

26
27 1 Report of the WHO-China Joint Mission on Coronavirus Disease 2019 (COVID-19), World Health Organization (Feb. 28, 2020), at 12, available at
28 https://www.who.int/docs/default- source/coronaviruse/who-china-joint-mission-oncovid-19-final-report.pdf (last visited Apr. 1, 2020).

2

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 10 of 35 Page ID #:107

1 subclass seeks immediate release through a writ of habeas corpus. The claims of

2 the primary injunctive relief classes and medically vulnerable subclasses are

3 ideally suited to proceed as a class action under Federal Rule of Civil Procedure

4 23(b)(2) and as an analogous class habeas proceeding. See, e.g. Ibrahim v. Acosta,

5 326 F.R.D. 696, 699 (S.D. Fla. 2018) (certifying class of plaintiffs seeking habeas

6 relief).

7 II. RELEVANT FACTS

8

A. THE RISK OF COVID-19 TRANSMISSION IS FAR GREATER IN

9

CUSTODIAL SETTINGS THAN IN THE COMMUNITY

10

The risk of exposure to and transmission of COVID-19, and the potential

11 harm to those who become infected, is significantly higher in jails than in the

12 community, putting jail inmates and correctional staff at high risk of becoming

13 ill with COVID-19. Close living quarters and often overcrowded conditions in

14 jails, prisons, and detention centers facilitate the rapid transmission of

15 infectious diseases, particularly those transmitted by airborne droplets through

16 sneezing or coughing. In these congregate settings, large numbers of people are

17 closely confined and forced to share bunkrooms, bathrooms, cafeterias, and

18 other enclosed spaces. They are physically unable to practice social distancing,

19 which the CDC has identified as the “cornerstone of reducing transmission of

20 respiratory diseases such as COVID-19.”2 Decl. of Joe Goldenson, ¶16-18.

21

In detention facilities, groups of persons are often moved from space to

22 space, for example, from a dormitory to a cafeteria. These group movements,

23 which cluster large numbers of people together in small spaces, increase the risk

24

25 2 Centers for Disease Control and Prevention, Interim Guidance on Management of

26

Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities (https://www.cdc.gov/

27 coronavirus/2019-ncov/community/correction-detention/guidance-correctionaldetention.html), https://www.cdc.gov/
28 coronavirus/2019-ncov/community/correction-detention/guidance-correctional-

detention.html.

3

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 11 of 35 Page ID #:108

1 of transmission between incarcerated persons and throughout the facility.

2 Guards and other detention facility staff routinely have direct physical contact

3 with jail detainees, especially when handcuffing or removing handcuffs from

4 detainees who are entering or exiting the facility. Goldenson Decl. ¶24-25.

5

Should an outbreak occur, jail detainees are at greater risk for harm from

6 COVID-19 than those in the general community. Correctional facilities largely

7 lack the necessary robust medical care infrastructure for appropriate treatment,

8 particularly to a population disproportionately vulnerable to high rates of

9 chronic illnesses (e.g., diabetes, heart disease, chronic lung disease, and

10 immuno-suppressive illnesses such as HIV that increase the risk from COVID-

11 19), who have had poor or absent prior health care, and often have a history of

12 alcohol and drug use. Accordingly, it is well accepted within the medical

13 community that jail inmates are physiologically 10 years older than their

14 chronological age. Goldenson Decl. ¶¶27-28.

15

Current CDC correctional facility COVID-19 recommendations include

16 testing of all new admittees,3 quarantining new admittees for 14 days and

17 performing daily symptom screening and temperature checks while they are

18 quarantined,4 isolating and testing any detainee with any symptoms consistent

19 with COVID-19 or with fever,5 and wearing masks in congregate settings.6

20 These are difficult, if not impossible, to implement in jails due to space

21 constraints, lack of sufficient respiratory isolation rooms, and lack of necessary

22 equipment and other resources, including the wide unavailability of test kits. As

23 a result, the risk of COVID transmission is far greater than in non-custodial

24 institutions. Goldenson Decl. ¶22. 25

26
27 3 See id. 4 See id. at 14.
28 5 See id. at 15. 6 See id.

4

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 12 of 35 Page ID #:109

1

B. THE LOS ANGELES COUNTY SHERIFF’S DEPARTMENT HAS FAILED TO

2

TAKE CONSTITUTIONALLY ADEQUATE MEASURES TO MITIGATE THE SPREAD OF COVID-19 WITHIN THE JAIL SYSTEM

3

LACJ is the largest county jail system in the United States. It is comprised of

4 four facilities – Men’s Central Jail (“MCJ”), Century Regional Detention Facility

5 (“CRDF”) (the women’s jail), Twin Towers and Pitchess Detention Center, which

6 is comprised of four different facilities including the North County Correctional

7 Facility (“NCCF”).

8

On April 9, 2020, the DPH issued strong guidance to the LASD, detailing

9 specific steps to be taken to mitigate the spread of the virus. 7 The Department’s

10 recommendations closely align with CDC guidelines, and include, but are not

11 limited to: social distancing within the jail (including reducing the inmate

12

population sufficient to enable it), positioning beds at least six feet apart, providing

13

handwashing supplies at no cost, increasing cleaning of common spaces, providing

14

tissues at no cost, providing no-touch trash receptacles, requiring staff to wear

15

masks and gloves at all times, providing masks to symptomatic persons,

16

eliminating medical appointment co-pays, and prioritizing early release of

17

18 medically vulnerable individuals.

19

The LASD has failed to adequately implement many of the CDC and DPH

20 guidelines. Though LASD has indicated that it now verbally screens new bookings

21 for COVID-19 symptoms or recent exposure to persons with known or suspected

22 COVID-19 infections, it has not adopted a practice of quarantining all new

23 bookings for 14 days so that those who are infected will no long carry the virus

24 (and those who become infected remain separated). This is critical because as

25 many as 25% of infected individuals are asymptomatic and because it takes several

26
27 7 Los Angeles County Department of Public Health, Guidance for Correctional and Detention Facilities (Apr. 9, 2020),
28 http://publichealth.lacounty.gov/media/Coronavirus/GuidanceCorrectionalDetentionFacil ities.pdf (last visited Apr. 12, 2020).

5

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 13 of 35 Page ID #:110

1 days after becoming infected before symptoms. Without quarantining new

2 bookings, some percentage of new admittees inevitably will carry the virus and

3 infect others housed in the jail.

4

While the Sheriff’s Department has reduced the jail population by

5 approximately 30%, this reduction is insufficient to enable social distancing. The

6 Population Management Bureau (PMB) and Correctional Health Services have

7 been working to assess individuals for release and to identify all medically

8 vulnerable persons, including all persons over 60. Nonetheless, LASD’s jail

9 facilities remain near rated capacities, i.e., close to the maximum number of people

10 that should be housed in that jail facility.8 Goldenson Decl., ¶39.

11

The failure to adequately reduce the jail population has left many medically

12 vulnerable individuals in settings where social distancing is impossible and where
13 they remain at very high risk of severe illness or death. Avila Decl. ¶¶18, 209
14 (social distancing not possible during yard time where prisoners are locked in
15 cages at a distance of 1 foot from other individuals; social distancing not possible
16 during transfer to court; prisoners forced to wait in crowded holding tanks); 17 Cullors Decl., ¶¶11, 13, 15 (cannot socially distance in dayroom or after leaving 18 cell for attorney visits and medical appointments); Farmer Decl., ¶2 (crowded 19 dorm houses 46 individuals, some older than 50); Fuentes Decl., ¶6, 9, 22 20 (medically vulnerable inmate housed at NCCF in dorm of 70-80 prisoners through 21 late March; transferred to MCJ but still placed in crowded tanks upon release); 22 Gutierrez Decl., ¶13, 14 (not possible to maintain social distance in 8 person pod); 23 Haviland Decl., ¶¶6, 12 (6-foot social distancing not possible when picking up 24 food; social distancing not possible in packed elevators); Jones Decl., ¶¶11-12 (96 25

26 8Custody Division Rated Capacity Report, December 2019,

27

https://lasd.org/transparency%20data/custody%20reports/Custody%20Division%20Popul ation%202019%20Fourth%20Quarter%20Report.pdf , p. 11.

28 9 See compilation of Class Member/Plaintiff Declarations, filed concurrently.

6

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 14 of 35 Page ID #:111

1 person dorm with beds spaced several feet apart); Livotto Decl., ¶¶4, 15 (60-person

2 dorm where detainees are unable to socially distance; chained to other inmates

3 while transferred for probation hearing); Venegas Decl., ¶5; Uong Decl. ¶10 (not

4 possible to maintain 6-feet of distance from detainees sleeping in dayrooms).

5

Both the CDC and DPH recommend housing as many incarcerated persons as

6 possible in cell units, instead of dormitories (where social distancing is not

7 feasible). However, the LASD continues to house thousands of persons in crowded

8 dorms where they cannot possibly maintain six feet of distance between

9 themselves and others. Davidson Decl., ¶3 (CRDF detainees sleeping on bunks in

10 dayroom, spaced 1 foot apart); Haviland ¶3 (bunks in dayroom spaced 3 inches

11 apart); Farmer Decl., ¶2 (dorm of 46 individuals); Lewis Decl., ¶5 (dorm with over

12 60 beds, bunks only 2 feet apart); Livotto Decl., ¶4; Uong Decl. ¶10 (CRDF

13 detainees sleeping on bunks in dayrooms, 1.5 feet apart).

14

At least several jail facilities, including North County Correctional Facility

15 (NCCF) and Men’s Central Jail (MCJ), house prisoners in dormitory units where

16 dozens of triple bunk beds are placed as close as three feet apart. Even if LASD

17 directs individuals to sleep head to foot, they are less than six feet apart. Farmer, ¶6

18 (each stack of 3 bunks is 2-3 feet apart); Fuentes Decl., ¶6; Jones Decl., ¶¶11-12

19 (96 person dorm with beds spaced several feet apart); Lewis Decl., ¶5; Livotto

20 Decl., ¶4 (60-person dorm with beds 1-2 feet apart); Venegas Decl., ¶4 (87-person

21 dorm; beds 3 feet apart). They remain in similarly close proximity while eating,

22 walking, and sitting at their bunks. Prisoners who are particularly vulnerable to

23 severe illness for COVID-19 are housed in, or have been told they will be

24 transferred to, large dormitories where they will be exposed to a greater risk of

25 COVID-19 spread.

26

LASD has also failed to supply prisoners with supplies necessary to maintain

27 appropriate hand hygiene, a second critical component of stopping the spread of

28 the virus. LASD does not supply prisoners with free soap and other hand hygiene

7

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 15 of 35 Page ID #:112

1 necessities. At MCJ, LASD provides jail detainees with one free small bar of soap

2 that is insufficient for the routine handwashing and showering (and some have not

3 even received their one-time provision). Once they have used this soap, they are

4 required to buy additional bars from the commissary (assuming they have funds).

5 Avila Decl. ¶15 (provided with one small bar weekly); Cullors Decl., ¶4 (weeks

6 without soap or paper towels); Farmer Decl., ¶10 (small bar of soap weekly, not

7 sufficient for handwashing); Fuentes Decl., ¶10, 11, 20 (aside from one-time

8 provision, no free soap at NCCF or MCJ, no paper towels, no clean cloth towel);

9 Jones ¶14 (one-time provision of small bar of soap); Gutierrez Decl., ¶5 (one bar of

10 soap per week for clothes, body and hands); Venegas Decl., ¶11; Young Decl.,

11 ¶10. Even in cells or dorms where soap is provided, few detainees have access to

12 paper towels or hand dryers. Dunham Decl., ¶5 (no soap in dayroom, no paper

13 towels for drying hands); Haviland Decl., ¶16 (no paper towels); Uong Decl., ¶12

14 (no paper towels); Young Decl., ¶13. These inadequacies fly in the face of

15 CDC/DPH recommendations and facilitate the rapid spread of COVID-19 within

16 the jail.

17

LASD has not adopted practices to adequately disinfect shared surfaces with

18 EPA-registered disinfectants effective against COVID-19. In all jail facilities,

19 incarcerated persons share a limited number of phones and communal tables within

20 dayrooms and dormitories. LASD does not have these areas cleaned by

21 professionals or inmate workers, nor does LASD provide incarcerated persons with

22 the supplies to disinfect phones, other high touch areas, and cells on their own.

23 Avila Decl. ¶16; Dunham ¶12 (phones are not cleaned between use); Farmer Decl.,
24 ¶9 (inmates coughing while using shared phones, not wiped clean between uses); 25 Fuentes Decl., ¶13 (phones); Haviland Decl., ¶¶18, 19 (detainees not permitted to 26 keep disinfectant in their cells; no disinfection of shared kiosks, sinks, vending 27 machines, handles and railings); Livotto Decl., ¶13; Uong Decl., ¶8. To the extent 28 these surfaces are cleaned at all, they often are cleaned with cleaners that are not an

8

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 16 of 35 Page ID #:113

1 EPA-registered disinfectant for coronavirus as required by CDC and DPH

2 guidelines and/or cleaned using solutions that are watered down below the

3 cleaner’s specifications. Dunham Decl., ¶5 (inmate workers clean modules with

4 Citracide); Haviland Decl., ¶19; Uong Decl., ¶8.

5

The failure to clean and disinfect shared surfaces is particularly concerning

6 given the conditions in which incarcerated persons live. Many jail detainees,

7 particularly those in dormitories, must share communal phones, exercise

8 equipment, railings, sinks, showers, and toilets. They are not cleaned or disinfected

9 between each use. Cullors Decl., ¶6 (accessible showers are shared, have clogged

10 drains and are maintained in filthy condition); Farmer Decl. ¶11 (50 prisoners

11 share two communal showers in dormitory; not cleaned between uses); Fuentes

12 Decl., ¶12; Jones Decl., ¶15 (showers shared among entire medical unit); Lewis

13 Decl., ¶8; Livotto Decl., ¶¶10, 13 (showers shared among 60 inmates); Young

14 Decl., ¶11. At some facilities, prisoners receive clean towels and bedding

15 infrequently. Farmer Decl., ¶13 (one clean towel per month); Cullors Decl., ¶6

16 (towel washed weekly); Lewis Decl., ¶9 (towel washed monthly); Livotto Decl.,

17 ¶9. As public health officials have long recognized, such substandard hygiene

18 conditions are known to contribute to the spread of viruses.

19

LASD does not supply incarcerated persons with personal protective

20 equipment consistent with CDC guidelines. On the early morning of April 10th,

21 LASD distributed face coverings (non-medical masks) throughout at least some

22 facilities, consistent with CDC guidance and City of Los Angeles orders requiring

23 face coverings in public spaces. NCCF provided masks to persons in dorms on

24 approximately April 15. Farmer Decl., ¶5. LASD provided no information as to

25 when they will provide new clean masks nor any instruction on how to routinely

26 wash masks consistent with CDC recommendations. Avila Decl. ¶11; Cullors

27 Decl., ¶12; Jones Decl., ¶12; Venegas Decl., ¶8; Young ¶15. LASD has not 28 provided appropriate personal protective equipment to incarcerated persons

9

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 17 of 35 Page ID #:114

1 required to clean spaces where confirmed and presumed COVID-19 cases have

2 spent time. Dunham Decl., ¶15 (cleaned cell of sick person with no mask).

3 Incarcerated persons report that they clean such contaminated spaces without

4 gowns, coveralls, or masks. Jail staff also fail to consistently wear masks to help

5 ensure the protection of the entire detainee and staff populations. Avila Decl. ¶9

6 (deputies walk by cells coughing; deputies wear masks improperly and

7 inconsistently); Dunham, ¶17 (deputies wear masks inconsistently); Jones Decl.,

8 ¶13; Livotto Decl., ¶16; Young Decl. ¶17.

9

At least several incarcerated persons have reported that they were forced to

10 share enclosed spaces with persons exhibiting a cough and other signs of illness.

11 Cullors Decl., ¶16; Farmer Decl. ¶¶7, 9; Fuentes Decl., ¶¶17, 19; Haviland Decl.,

12 ¶8; Lewis Decl., ¶¶7, 12; Livotto Decl., ¶¶7, 11, 15 (chained to a coughing person

13 during transfer). The failure to promptly isolate symptomatic persons has already

14 resulted in the spread of infection within the jail. During transfer to a court

15 appearance, one detainee was placed in a holding cell with someone who was

16 coughing and visibly sick. Several days later, she became sick herself, and after

17 numerous requests for medical care, she obtained a test for COVID-19 (and tested

18 positive). Balderrama Decl., ¶¶4-16.Based on her report, and the reports of others,

19 LASD is not promptly medically isolating positive and suspected COVID-19 cases

20 and quarantining close contacts of COVID-19 cases consistent with CDC/DPH

21 guidelines. Moreover, several incarcerated persons have reported that they have

22 been unable to get a test despite exhibiting a cough and/or other symptoms.

23 Haviland Decl., ¶10; Dunham Decl. ¶16; Young ¶7.

24 III. PLAINTIFFS’ PROPOSED CLASSES

25

Plaintiffs seek certification of a Pretrial and Post-Conviction Equitable

26 Relief Subclasses. The Pretrial Equitable Relief Subclass is defined as:

27

28

10

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 18 of 35 Page ID #:115

1

All current and future pretrial detainees incarcerated in any LACJ jail

2 facility from the present until the COVID-19 pandemic has ended with

3 development of a vaccine available to all inmates.

4 The Post-Conviction Equitable Relief Subclass is defined identically except that

5 “pretrial detainees” is replaced with “post-conviction prisoners.” The proposed

6 primary equitable relief classes are broadly defined to include all inmates because

7 all inmates are at substantially heightened risk of contracting the coronavirus.

8

Plaintiffs also seek to certify two subclasses for medically vulnerable pretrial

9 and post-conviction persons. The Pretrial and Post-Conviction Medically

10 Vulnerable Subclasses are defined as follows:

11 All current and future [pretrial detainees/post-conviction prisoners] held

12 in all County jails over the age of fifty-five, as well as all current and

13 future [pretrial detainees/post-conviction prisoners] held in all County

14 jails of any age who experience (a) lung disease, including asthma,

15 chronic obstructive pulmonary disease (e.g. bronchitis or emphysema), or

16 other chronic conditions associated with impaired lung function; (b) heart

17 disease, such as congenital heart disease, congestive heart failure or

18 coronary artery disease; (c) chronic liver or kidney disease (including

19 hepatitis and dialysis patients); (d) diabetes or other endocrine disorders;

20 (e) epilepsy; (f) hypertension; (g) compromised immune systems (such as

21 from cancer, HIV, receipt of an organ or bone marrow transplant, as a

22 side effect of medication, or other autoimmune disease); (h) blood

23

disorders (including sickle cell disease); (i) inherited metabolic disorders;

24

(j) history of stroke; (k) a developmental disability; (l) a current or recent

25

(within the last two weeks) pregnancy; (m) severe obesity; and/or (n) any

26

other condition identified either now or in the future as being a particular

27

risk for severe illness and/or death caused by COVID-19.

28

11

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1 The medically vulnerable subclasses seek both injunctive relief and release

2 pursuant to a writ of habeas corpus.

3 IV. NAMED PLAINTIFFS

4

Plaintiffs are 9 of the 11,883 individuals who are currently incarcerated in

5 the Los Angeles County jail system. Declaration of Mark Avila ¶2 (MCJ);

6 Declaration of Rodney Cullors, ¶1 (MCJ), Declaration of Carole Dunham, ¶1

7 (CRDF), Declaration of Jeremiah Farmer, ¶1 (NCCF), Declaration of Victor

8 Gutierrez, ¶2 (TTCF); Declaration of Jessica Haviland, ¶1 (CRDF), Declaration of

9 Leandrew Lewis, ¶1 (NCCF); Declaration of Rany Uong; ¶2 (CRDF); Declaration

10 of DeNeal Young, ¶1 (MCJ).

11

Mr. Avila, Mr. Cullors, Ms. Haviland and Mr. Lewis are pretrial detainees

12 who seek to represent the Pretrial Equitable Relief Class. Ms. Dunham, Mr.

13 Farmer, Mr. Gutierrez, Ms. Uong and Mr. Young are convicted and seek to

14 represent the Post-Conviction Equitable Relief Class. Decl., ¶1, Young Decl., ¶2,

15 Dunham Decl., ¶4, Farmer ¶1 and Gutierrez Decl., ¶2.

16

Mr. Avila, Mr. Cullors, Ms. Dunham, Mr. Gutierrez and Mr. Young are

17 medically vulnerable due to their age and/or pre-existing medical conditions. Avila

18 Decl., ¶3,5 (33-year old with severe chronic asthma, diabetes, liver disease and a

19 blood disorder); Cullors Decl., ¶2 (58-year-old man with hypertension, heart

20 disease, schizophrenia, bi-polar disorder, manic depression, and orthopedic

21 problems requiring a wheelchair); Dunham Decl., ¶2 (30-year-old woman with

22 diabetes); Gutierrez Decl. ¶6, 9 (acute asthma, sclerosis, hypertension); Young

23 Decl., ¶4 (obesity, heart condition). Mr. Avila and Mr. Cullors seek to represent the

24 Pretrial Medically Vulnerable Subclass. Ms. Dunham, Mr. Gutierrez and Mr.

25 Young seek to Represent the Post-Conviction Medically Vulnerable Subclass.

26

As demonstrated by the complaint and concurrently submitted declarations,

27 LASD’s failure to ensure adequate precautions to prevent the spread of coronavirus

28 has affected all of the named plaintiffs. Due to crowding in housing units and other

12

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1 common areas, none have been able to practice continuous social distancing. Avila

2 Decl. ¶¶18, 20; Cullors Decl., ¶¶11, 13, 15; Farmer Decl., ¶2; Gutierrez Decl., ¶13,

3 14, 30; Haviland Decl., ¶¶6, 12; Lewis Decl., ¶5; Uong Decl. ¶10 (not possible to

4 maintain 6-feet of distance from detainees sleeping in dayrooms).

5

Likewise, due to lack of handwashing supplies, none have been able to

6 consistently wash and dry their hands consistent with CDC guidelines. Avila Decl.

7 ¶15; Cullors Decl., ¶4; Dunham Decl., ¶5; Farmer Decl., ¶10; Gutierrez Decl., ¶5;

8 Haviland Decl., ¶16; Lewis Decl., ¶9 (towel washed once per month); Uong Decl.,

9 ¶12 (no paper towels); Young Decl., ¶13. All of the named plaintiffs live in areas

10 where shared surfaces, including high-touch surfaces, are not routinely disinfected

11 and where they have no access to supplies to effectively disinfect these areas

12 themselves. Avila Decl. ¶16; Cullors Decl., ¶6; Dunham ¶12; Farmer Decl., ¶9;

13 Haviland Decl., ¶¶18, 19; Uong Decl., ¶8. Some have exhibited symptoms

14 consistent with the COVID-19 but have not received access to a test. Haviland

15 Decl., ¶10; Dunham Decl. ¶16.

16 V. CLASS ACTIONS ARE PARTICULARLY SUITABLE IN CIVIL

17

RIGHTS CASES SEEKING INJUNCTIVE RELIEF

18

Under Rule 23(b)(2), a court may grant injunctive or declaratory relief when

19 “the party opposing the class has acted or refused to act on grounds that apply

20 generally to the class.” Fed.R.Civ.P. 23(b)(2). “The key to the (b)(2) class is the

21 indivisible nature of the injunctive or declaratory remedy warranted – the notion

22 that the conduct is such that it can be enjoined or declared unlawful only as to all

23 of the class or as to none of them.” Wal-Mart Stores, Inc. v. Dukes, 564 U.S.

24 338,131 S. Ct. 2541, 2557, 180 L. Ed. 2d 374 (2011). A (b)(2) class runs to those

25 who become members in the future.10 Under Rule 23(b)(2), there is no requirement

26 that common issues must predominate.

27

28 10 See, e.g., Probe v. State Teachers' Retirement System, 780 F.2d 776, 780 (9th Cir. 1986) (all males who are or will be employed in positions entitling them” to teacher pensions).

13

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1

Rule 23(b)(2) “was drafted specifically to facilitate relief in civil rights

2 suits” and is typically used in cases seeking injunctive or declaratory relief.

3 Newberg, §25:20. Civil rights cases “are often by their very nature class suits

4 involving class-wide wrongs.” East Texas Motor Freight, Inc. v. Rodriguez, 431

5 U.S. 395, 405 (1977); Newberg on Class Actions (4th ed.2002) (hereafter

6 “Newberg”) §25:25 (criminal justice reform suits “are inherently class actions”).

7 “Rule 23(b)(2) is often used for the prosecution of civil rights actions and is

8 particularly suited for class actions challenging oppressive prison policies or

9 conditions. See Walters v. Reno, 145 F.3d 1032, 1047 (9th Cir. 1998) Cir.1998).”

10 Lyon v. U.S. Immigration & Customs Enf't, 308 F.R.D. 203, 213 (N.D. Cal. 2015).

11

Here, as set forth more fully in the complaint, Defendants’ acted on grounds

12 that apply generally to the class in failing to adopt constitutionally adequate

13 measures to prevent the spread of COVID-19 within the Los Angeles County Jail

14 system, needlessly risking the health and safety of every LACJ inmate. Because 15 Defendants’ actions affect the class as a whole, this action meets the requirements

16 of Rule 23(b)(2). 17 VI. PLAINTIFFS’ PROPOSED CLASSES SATISFY RULE 23(A)

18

This lawsuit and the proposed classes meet all the requirements for class

19 certification under Federal Rule of Civil Procedure 23(a). As explained in detail

20 below, (1) the proposed class is so numerous that joinder of all members as parties 21 is impracticable; (2) there are common questions of law or fact; (3) the claims of 22 the proposed named plaintiffs are typical of those of the class; and (4) the named 23 plaintiffs and their counsel will fairly and adequately protect the interests of the 24 25 class. Fed. R. Civ. P. 23(a); see also Amchem Products, Inc. v. Windsor, 521 U.S. 26 591, 613 (1997). This action also meets the additional requirements for class 27 certification set forth in Federal Rule of Civil Procedure 23(b)(2). See Section V.

28 Although Plaintiffs establish below that they fully meet the requirements of class

14

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1 certification under established Rule 23 standards, the Ninth Circuit recognizes the

2 availability of “provisional class certification for purposes of entering injunctive

3 relief.” Carrillo v. Schneider Logistics, Inc., No. CV-11-8557 CAS, 2012 WL

4 556309, at *9 (C.D. Cal. Jan. 31, 2012), aff'd, 501 F. App'x 713 (9th Cir. 2012)

5 (citing “e.g., Baharona–Gomez v. Reno, 167 F.3d 1228, 1233 (9th Cir.1999)).

6 “Pursuant to Rule 23 and the Court's general equitable powers, the Court has

7 authority to provisionally certify a class for purposes of entering preliminary

8 injunctive relief.” Carrillo, 2012 WL 556309, at *8.

9

A. COMMONALITY

10

Rule 23(a)(2) requires “questions of law or fact common to the class.” As

11

12 the Supreme Court held in Wal-Mart v. Dukes, Plaintiffs’ claims “must depend

13 upon a common contention” such that “determination of [its] truth or falsity will

14 resolve an issue that is central to the validity of each one of the claims in one

15 stroke.” Wal-Mart, Inc. v. Dukes, 564 US 338, 349, 131 S.Ct. 2541, 2551 (2011).

16 Wal-Mart therefore reinforces the longstanding principle that commonality is

17 satisfied where liability hinges on one or more across-the-board practices or

18 policies. Even one issue common to each class is all that is required. Wang v.

19 Chinese Daily News, Inc., 737 F.3d 538, 544 (9th Cir. 2013) (quoting Wal–

20 Mart, 131 S.Ct. at 2556); see also Mazza v. Am. Honda Motor Co., Inc., 666 F.3d

21 581, 589 (9th Cir.2012) (“commonality only requires a single significant question

22 of law or fact”).

23

24

1. Plaintiffs’ Pretrial and Post-Conviction Equitable Relief Classes Satisfy the Commonality Requirement

25

Plaintiffs’ Pretrial and Post-Conviction Equitable Relief Classes assert

26 §1983 Monell claims arising from the LASD’s constitutionally deficient efforts to

27 protect jail detainees from a coronavirus outbreak within the jail system. As the 28 Ninth Circuit has long recognized, commonality is necessarily satisfied in § 1983

15

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1 Monell cases arising from a systemwide policy or practice. See Armstrong v.

2 Davis, 275 F.3d 849, 868 (9th Cir. 2001) (in § 1983 civil rights cases, commonality

3 is necessarily satisfied where the lawsuit “challenges a system-wide practice…that

4 affects all of the putative class members.”) (emphasis added), abrogated on other

5 grounds by Johnson v. California, 543 U.S. 499, 504–05, 125 S.Ct. 1141 (2005).
6 In § 1983 Monell cases, the “crucial question is whether Defendant had a ‘clear 7 and persistent pattern of violating federal rights’”, and the commonality inquiry 8 focuses on “not the individual violation … but the pattern of violations.” Brown v. 9 10 City of Detroit, 2012 WL 4470433 (E.D. Mich. Sept. 27, 2012) (post Wal-Mart 11 decision certifying (b)(3) class of approximately 100,000 arrestees held for more 12 than 16 hours without bedding and (b)(3) class of approximately 30,000 arrestees 13 detained for more than 48 hours without probable cause determination).

14

Such across-the-board issues may take the form of organizational policies

15 (or the absence thereof), failure to adequately train, failure to adequately supervise,

16 general practices or customs, and organizational culture. See e.g., Gray v. Golden

17 Gate Nat. Recreational Area, 279 F.R.D. 501, 517–520 (N.D. Cal. 2011) (post-

18 Wal-Mart, park system’s “general practice” of failing to address disability barriers

19 satisfied commonality as an across-the-board practice); Ellis v. Costco Wholesale

20 Corp., 285 F.R.D. 492, 509-521 (N.D.Cal. 2012) (company-wide policies, as well

21 as the absence of policies, oversight by senior management and company culture
22 all supplied common contentions); see also, e.g. Brown, 2012 WL 4470433 (E.D. 23 Mich. Sept. 27, 2012) (observing that Monell cases requiring plaintiff to prove a 24 widespread custom and practice or policy are “…particularly well-suited to class 25 certification”) (quoting Powers v. Hamilton Cnty. Pub. Defender Comm'n, 501 26 F.3d 592, 619 (6th Cir.2007) (in Rule 23(b)(3) case, well-settled custom or policy 27 28 of not asking for an indigency hearing before a probationer is incarcerated for

16

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1 failure to pay a fine” satisfied both commonality and predominance requirements

2 “because the plaintiff alleged a ‘regular practice’ causing constitutional injury.”)).

3

Here, Plaintiffs’ class claims present common contentions susceptible to

4 class-wide proof. The primary equitable relief class challenges the constitutional

5 sufficiency of LASD’s systemwide measures to address the spread of the

6 coronavirus within the LACJ, including LASD’s across-the-board failure to take

7 basic precautions, consistent with the guidance of national and local public health

8 agencies. Liability hinges on whether LASD’s system-wide policies and practices 9
demonstrate deliberate indifference to the serious medical needs of jail detainees 10 11 sufficient to violate either the Fourteenth Amendment (for pretrial detainees) or

12 Eighth Amendment (for convicted prisoners).

13

Resolution of these claims involves the following common questions of fact:

14

 what specific measures the County has implemented to protect

15

incarcerated persons from the spread of COVID-19 in the jails

16

including whether Defendants have taken appropriate measures to

17

ensure adequate social distancing, to supply inmates with the

18

necessary supplies for hand washing, to screen and quarantine new

19

bookings to prevent contagious people from entering the jail

20

population, and to ensure that surfaces are routinely disinfected;

21

 whether Defendants’ practices during the COVID-19 pandemic

22

encompass necessary and feasible health practices;

23

 whether Defendants’ practices comport with the Centers for Disease

24

Control and Prevention’s and Los Angeles County Health

25

Department’s guidelines for preventing the spread of COVID-19 in

26

correctional facilities;

27

28

 whether Defendants’ practices during the COVID-19 pandemic

expose inmates at LACJ facilities to a substantial risk of serious harm.

17

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1

Variation in how class members were affected does not defeat certification.

2 In Parsons v. Ryan, the Ninth Circuit has specifically addressed the commonality

3 requirement in the context of correctional facilities’ deliberate indifference to the

4 medical needs of prison inmates. Parsons v. Ryan, 754 F.3d 657 (9th Cir. 2014).

5 The Parsons-Plaintiffs’ claims were wide-ranging, involving lengthy delays and
6 outright denials of medical care; failure to employ sufficient health care staff, 7 failure to protect prisoners from chronic disease; substandard dental; inadequate 8 mental health care; and unconstitutional conditions for inmates subjected to 9 10 isolation. Id. at 664. Despite considerable variation in how prisoners would be 11 affected by systemwide medical care deficiencies, the Ninth Circuit certified the 12 class,11 emphasizing that prison “policies and practices of statewide and systemic 13 application expose all inmates … to a substantial risk of serious harm.” Id. at 675 14 (emphasis supplied). As Parsons explained,

15

“a proper understanding of the nature of the plaintiffs' claims clarifies the

16

issue of commonality. What all members … have in common is their alleged

17

exposure, as a result of specified statewide [ ] policies and practices that

18

govern the overall conditions of health care services and confinement, to a

19

substantial risk of serious future harm … although a presently existing risk

20

may ultimately result in different future harm for different inmates—ranging

21

from no harm at all to death—every inmate suffers exactly the same

22

constitutional injury when he is exposed to a single statewide [ ] policy or

23

24

25 11 The Ninth Circuit affirmed certification of a class consisting of “[a]ll prisoners who are
26 now, or will in the future be, subjected to the medical, mental health, and dental care 27 policies and practices of the ADC.” It also certified a subclass consisting of “[a]ll
prisoners who are now, or will in the future be, subjected by the ADC to isolation, 28 defined as confinement in a cell for 22 hours or more each day or confinement in [certain
housing units].” Id. at 672.
18

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1

practice that creates a substantial risk of serious harm.” Id., 754 F.3d at 678.

2

(emphasis supplied)12

3 Here, as in Parsons, Plaintiffs do not contend that the coronavirus precautions
4 taken on any specific occasion or with regard to any specific inmate were deficient, 5 but rather, that LASD’s systemwide response to the pandemic has exposed all 6 inmates to a substantial risk of serious harm. See also, e.g., Scott v. Clarke, 61 F. 7 Supp. 3d 569, 587 (W.D. Va. 2014) (citing Parsons for proposition that the jail’s 8 “defective sick call process; … refusal to refer or undue delay in referring 9
prisoners for specialized care; … failure to maintain continuity in the provision of 10 11 prescribed, potentially life-sustaining medications; etc.—reflect substandard 12 medical care on the part of the Defendants” and support commonality); Tyler v. 13 Suffolk County, 253 F.R.D. 8, 10 (D. Mass. 2008) (certifying Eighth Amendment 14 conditions of confinement class because they were all subject to same allegedly 15 unlawful policies denying free access to toilet facilities even though different
16 inmates were affected differently, given that not all inmates were housed overnight

17 in cells without toilets or sinks, or denied toilet access when they requested it)).

18

Federal courts have reached the same conclusion in certifying classes

19 challenging correctional facilities’ response to COVID-19. Where system-wide

20 COVID-precautions (or lack thereof) apply to all class members, commonality is

21 satisfied even where there is variation in how class members were affected (or 22 what the relief for them may be). As Judge Jesus Bernal explained in his April 20, 23

24

25

26

12 The Ninth Circuit reiterated this point in Parsons, in which it quoted Wright & Miller to explain that the “term ‘generally applicable’ has been said to signify that the party

27 opposing the class does not have to act directly against each member of the class. The

key is whether the party's actions would affect all persons similarly situated so that those 28 acts apply generally to the whole class.” 754 F.3d at 688, n. 33 (emphasis supplied).

19

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1 2020 ruling provisionally certifying a class of medically high-risk ICE detainees in

2 Fraihat v. ICE,

3

Each class member claims entitlement to a minimally adequate

4

national rescue response from ICE. Indeed, the variety of facility

5

COVID-19 countermeasures tends to support Plaintiffs’ contention that ICE has failed to institute the well-ordered, mandatory relief

6

effort to which they claim entitlement. This facility doesn’t have

7

adequate soap and handwashing facilities. That one does not provide PPE for detainees cohorted with someone thought to be exposed to the

8

virus. That person may die of COVID-19 because of hypertension,

9

and that one may die because of HIV. Yet across all facilities and

individuals, the question remains: is ICE required to adopt a global

10

response, and is that response adequate?

11 Fraihat v. ICE, 19-cv-01546-JGB, p. 24 (C.D. Cal. April 20, 2020) (citing

12 Parsons, 754 F.3d at 681-682). Similarly, in Neves v. Souza, a federal district court

13 concluded that §1983 claims arising from a prison’s constitutionally deficient 14 response to the COVID-19 crisis satisfied commonality: “The case law supports a 15 finding of commonality for class claims against dangerous detention conditions, 16 even when some detainees are more at risk than others…Here too, even the 17 18 otherwise healthy Detainees face a substantial risk of serious harm from COVID19 19.” Neves v. Souza, ---F.Supp.3d--- (2020), 2020 WL 1703844, *8 (Dist. Mass. 20 April 8, 2020) (citing Parsons v. Ryan, 754 F3d 657, 678 (9th Cir. 2014); Yates v. 21 Collier, 868 F.3d 354, 363 (5th Cir. 2017) (notwithstanding variations in health and

22 risk among prisoners, affirming class certification of all prisoners in an overheated

23 prison because prison’s policies failed to reduce the risk of serious harm for all

24 inmates, including health inmates)); see also, e.g., Hanlon v. Chrysler Corp., 150

25 F.3d 1011, 1019 (9th Cir. 1998) (“existence of shared legal issues with divergent

26 factual predicates is sufficient, as is a common core of salient facts coupled with

27 disparate legal remedies within the class”); Walters v. Reno, 145 F.3d 1032, 1047 28 (9th Cir. 1998) (Under Rule 23(b)(2), it “is sufficient if class members complain of

20

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 28 of 35 Page ID #:125

1 a pattern or practice that is generally applicable to the class as a whole. Even if

2 some class members have not been injured by the challenged practice, a class may

3 nevertheless be appropriate”).

4

Moreover, even in the Rule 23(b)(3) damages class context, where

5 predominance of common questions is required, courts have certified classes

6 encompassing persons who were exposed or subjected to a challenged practice, 7 even where some class members were not injured at all. Torres v. Mercer Canyons, 8 __ F.3d __, 2016 2016 WL 4537378(9th Cir. 8/31/16). In Torres, plaintiffs 9
challenged defendants’ failure to provide domestic agricultural workers 10 11 information regarding the availability of agricultural jobs, as required by relevant 12 statutes. Commonality existed where class members were “exposed to—yet 13 ultimately not harmed by—a policy” (in contrast to a class where “large numbers
14 of class members …were never exposed to the challenged conduct to begin with”).

15 (Original emphasis.) Since class members’ lack of injury was “not because they

16 were not subject to the challenged practice in the first place,” certification was not

17 defeated. (Emphasis supplied.).

18

2. Plaintiffs’ Medically Vulnerable Habeas Subclasses Satisfy

19

the Commonality Requirement

20

Plaintiffs’ Medically Vulnerable Subclass likewise presents a common

21 question of law and fact: whether COVID-19 presents a risk of harm so severe to

22 the medically vulnerable that the only constitutionally permissible way to protect

23 them is to release them from custody immediately. Although individual class

24 members’ eligibility for release may involve an individualized determination, the

25 class habeas claims present the court with factual and legal issues more than

26 sufficient to support a finding of commonality, including whether there are any

27 precautions that would render LASD jails safe enough to avoid exposing class 28 members to an unreasonable risk to their lives, and if not, whether immediate

21

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1 release for all medically-vulnerable persons is the appropriate remedy. Variation in

2 the specific conditions that render subclass members vulnerable or the degree of

3 vulnerability does not defeat commonality. See Fraihat, p. 24 (C.D. Cal. April 20,

4 2020) (commonality not defeated where class members are rendered vulnerable

5 due to different medical conditions); Wilson v. Williams, Case No. 4:20-cv-0074

6 (N.D. Ohio April 22, 2020) (certifying class habeas petition for medically

7 vulnerable individuals in a federal correctional facility) .

8

Should the court decide, on a class-wide basis, that all medically-vulnerable

9

persons must be released to the maximum extent possible consistent with public

10

11 safety, there are numerous mechanisms that could be used to make individual

12 release eligibility determinations, including but not limited to appointment of

13 correctional and medical experts to make release recommendations on an

14 expedited basis. Even when damages are sought, and Rule 23(b)(3)’s

15 predominance requirement applies, “the need for individual damages calculations

16 does not, alone, defeat class certification.” Vaquero v. Ashley Furniture Industries,

17 Inc., 824 F.3d 1150, 1155 (9th Cir. 2016) See also, e.g., Leyva v. Medline Indus.,

18 716 F.3d 510, 513 (9th Cir. 2013); Jimenez v. Allstate Ins. Co., 765 F.3d 1161,

19 1168 (9th Cir.2014).

20

B. TYPICALITY

21

The test of typicality is “whether other members have the same or similar

22 injury, whether the action is based on conduct which is not unique to the named

23 plaintiffs, and whether other class members have been injured by the same course

24 of conduct.” Hanon v. Dataproducts Corp., 976 F. 2d 497, 508 (9th Cir. 1992). If 25 the representative “claim arises from the same event, practice or course of conduct

26 … and is based upon the same legal theory, varying factual differences” will not

27 render the class representative’s claim atypical. Jordan v. Los Angeles County, 669 28 F.2d 1311, 1321 (9th Cir. 1982). “[R]epresentative claims are ‘typical’ if they are

22

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 30 of 35 Page ID #:127

1 reasonably co-extensive with those of absent class members; they need not be

2 substantially identical.” Hanon, supra, 150 F.3d at 1020.

3

Here, the central issues relate to what measures are necessary to protect LA

4 County jail inmates in light of the pandemic threat. The legal basis for relief

5 applies equally to all class representatives and members, who are all subject to a

6 common set of conditions and, more importantly, all require common public health

7 practices to ensure that those who are not infected do not become infected, that the

8 physical facilities and inmate to inmate contact do not facilitate the spread of

9 COVID-19, and that those who are infected receive proper treatment and not infect

10 others – or at least maximize the likelihood of those outcomes.

11

C. NUMEROSITY

12

A proposed class meets Rule 23(a)’s numerosity requirement where it is “so

13 numerous that joinder of all members is impracticable.” Fed. R. Civ. P. 23(a)(1).

14 Although there is no specific numerical cutoff sufficient for numerosity, courts

15 have presumed that the numerosity requirement is met when there are more than 40

16 putative class members.13 Courts have recognized that “where the exact size of the

17 class is unknown but general knowledge and common sense indicate that it is

18 large, the numerosity requirement is satisfied.” Cervantez v. Celestica Corp., 253

19 F.R.D. 562, 569 (C.D. Cal. 2008) (internal quotation marks and citations omitted);

20 accord Moeller v. Taco Bell Corp., 220 F.R.D. 604, 608 (N.D. Cal. 2004).

21

Both the pretrial and post-conviction equitable relief classes easily satisfy

22 numerosity. According to LASD, the current jail population is 11,883, and is

23

24 13 See, e.g., Thomas v. Baca, 231 F.R.D. 397, 400 (C.D. Cal. 2005); Celano v. Marriott 25 Int’l, Inc., 242 F.R.D. 544, 549 (N.D. Cal. 2007); Newberg on Class Actions § 3:15 (5th
ed. 2014) (citing cases). Further, “it is well settled that a plaintiff need not allege the 26 exact number or specific identity of proposed class members” to meet Rule 23’s 27 numerosity requirement. Newberg on Class Actions § 3:13 (5th ed. 2014); see, also, e.g.,
Gay v. Waiters' & Dairy Lunchmen's Union, 549 F.2d 1330 (9th Cir.1997) 28 (approximately 110 potential class members); Leyva v. Buley, 125 F.R.D. 512, 515
(E.D.Wash.1989) (fifty-member class).

23

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 31 of 35 Page ID #:128

1 comprised of both pretrial detainees and prisoners serving sentences. The

2 Medically- Vulnerable Subclasses also satisfy numerosity. A significant percentage

3 of the Los Angeles County Jail population lives with one or more of the qualifying
4 conditions. One study estimates that up to 15% of people who are in custody have
5 asthma, 10% of people in custody live with a heart condition that requires medical 6 care, 10% live with diabetes, and 30% have hypertension.14 Based on these 7 estimates and assuming some overlap in these diagnoses, there are thousands of 8 individuals within the Los Angeles County jail system who live with these 9 conditions.15 10
Finally, the proposed class definition includes individuals who will become 11 12 class members in the future. The inherent impracticability of joining unknown 13 future class members is an additional factor warranting class certification. See, e.g., 14 Arnott v. U.S. Citizenship & Immigration Servs., 290 F.R.D. 579, 586 (C.D. Cal. 15 2012); Newberg on Class Actions § 3:15 (5th ed. 2014) (citing cases). Those 16 obstacles are further compounded by the fact that the proposed class here is 17 “constantly changing”. Lyon v. ICE, --- F.R.D. ----, 2014 WL 1493846 (N.D. Cal.
18 Apr. 16, 2014).

19

D. ADEQUACY OF REPRESENTATION

20

Rule 23(a)(4)’s requirement for adequate representation is met when 1) there

21 is no conflict of interest between the legal interests of the named Plaintiffs and

22

23 14 Laura M. Marushack et al., Medical Problems of State and Federal Prisoners and Jail

24

Inmates,2011-12, U.S. Dept. of Justice (2014). 15 Joinder is also impracticable because class members are in jail custody, and so they

25 face substantial logistical obstacles to filing civil actions. In addition, many class members are indigent, making it difficult for them to file their own individual lawsuits.
26 See Vera Institute, “Incarceration’s Front Door: The Misuse of Jails in America,” Feb.

27 2015; cf. Orvis v. Spokane Cnty., 281 F.R.D. 469, 473 (E.D. Wash. 2012) (noting the “the likely inability of proposed members to initiate individual suits due to a lack of financial
28 resources”) (citation omitted); Robidoux v. Celani, 987 F2.d 931 (2d Cir. 1993)

(impracticability of joinder shown, inter alia, by lack of resources of class members)

24

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 32 of 35 Page ID #:129

1 those of the proposed class; and 2) counsel for the Plaintiffs is competent to

2 represent the class.16

3

1. Representatives’ Interests Are Not Antagonistic To The Class

4

The interests of all the members of the class are aligned in this action, and

5 there is no anticipated or actual conflict of interests here. See concurrently filed

6 Class Representative Declarations. Defendants’ policies and practices subjected 7 the Plaintiff class to the same deprivations, and all of the Plaintiffs have suffered

8 substantially similar injuries as a result. Moreover, the named Plaintiffs suffer a

9 risk of harm representative of those of all of the class members.

10

2. Counsel Are Well Qualified To Represent The Class

11

Plaintiffs’ counsel includes the law firms of Hadsell, Stormer, Rennick &

12 Da, Kaye, McLane, Bednarski & Litt, American Civil Liberties Union, the

13 American Civil Liberties Union of Southern California, Civil Rights Corps, and

14 Catherine Sweetser, Aaron Littman and Alicia Virani of the UCLA School of Law.

15 These attorneys have handled numerous civil rights class actions, including

16 numerous law enforcement and jail class actions. See Declarations of Dan Stormer;

17 Barrett Litt, Katherine Hubbard; and Catherine Sweetser. All of the criteria set

18 forth in Rule 23(g) are present here, i.e., (a) counsel have identified and

19 investigated the potential claims, (b) counsel have extensive relevant experience,

20 (c) counsel are well versed in the applicable law, and (d) counsel have the

21 resources necessary to prosecute the case.

22

///

23

24

///

25

26

27 16 See, e.g., Lerwill Inflight Motion Pictures, Inc., 582 F. 2d 507, 512 (9th Cir. 1978); In
28 Re: Northern Dist. Of Cal Dalkon Shield Etc., 693 F. 2nd 847, 855 (9th Cir. 1982); Staton v. Boeing, 327 F.3d 938, 957 (9th Cir. 2003).
25

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 33 of 35 Page ID #:130

1 VII. CONCLUSION

2

For all the reasons set out herein, Plaintiffs’ Motion for Class Certification

3 should be granted.

4

5

6 Dated: April 24, 2020

Respectfully Submitted,

7

HADSELL STORMER RENICK & DAI LLP

8

KAYE, MCLANE, BEDNARSKI & LITT, LLP

9

AMERICAN CIVIL LIBERTIES UNION CIVIL RIGHTS CORPS

10

UCLA LAW CLINICS

11

ACLU OF SOUTHERN CALIFORNIA

12

13

By: /s/ Barrett S. Litt

_

Barrett S. Litt

14

15

By: /s/ Lindsay Battles

_

16

Lindsay Battles

17

By: /s/ Dan Stormer

_

18

Dan Stormer

19

Attorneys for Plaintiffs

20

21

22

23

24

25

26

27

28

26

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 34 of 35 Page ID #:131

1

PROOF OF SERVICE

2

I, Katherine Uckert, am employed in the County Los Angeles, State of

3 California; I am over the age of 18 years and not a party to this action. My

4 business address is 975 East Green Street, Pasadena, California 91106.

5

On April 24, 2020, I served the foregoing:

6

7

NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT

8

THEREOF FILED CONCURRENTLY WITH DECLARATIONS; EXHIBITS; [PROPOSED] ORDER

9

10 on the interested parties in this action by transmitting a true copy thereof, as follows:

11

SEE ATTACHED SERVICE LIST

12

13

[…] BY U.S. MAIL: By placing it for collection and mailing, in the course of ordinary business practice, enclosed in a sealed envelope, with postage fully

14 prepaid, addressed to all parties of record on the service list.

15 […] BY FEDERAL EXPRESS: I enclosed said document(s) in an envelope 16 provided by FedEx and addressed to all parties of record on the service list. I 17 delivered the envelope or package for collection and overnight delivery to a courier 18 or driver authorized by FedEx to receive documents.

19 [ X ] BY EMAIL OR ELECTRONIC TRANSMISSION: I caused a copy of

20

the document to be sent from the email address kuckert@kmbllaw.com to the persons at the email addresses listed in the accompanying service list. I did not

21 receive, within a reasonable time after the transmission, any electronic message or

22 other indication that the transmission was unsuccessful. *Due to the COVID-19

23

pandemic, the parties have stipulated to electronic service of the forgoing documents.

24

I declare under penalty of perjury under the laws of the United States of

25 America and the State of California that the foregoing in true and correct.

26

Executed this 24th day of April 2020, at Pasadena, California.

27

28

__________________ Katherine Uckert, CP

27

Case 2:20-cv-03760-RGK-PLA Document 6 Filed 04/24/20 Page 35 of 35 Page ID #:132

1

SERVICE LIST

2

3 ANDREW BAUM - State Bar No. 190397

4 MICHAEL E. GERST - State Bar No. 266514

5

GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP 10250 Constellation Boulevard, 19th Floor

6 Los Angeles, California 90067

7

Telephone: (310) 553-3000 Facsimile: (310) 556-2920

8 Email: abaum@glaserweil.com

9 Attorneys for Defendants, COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFFS
10 DEPARTMENT, SHERIFF ALEX VILLANUEVA

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

28

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 1 of 87 Page ID #:133

1 Dan Stormer, Esq. [S.B. #101967]

2

Shaleen Shanbhag, Esq. [S.B. #301047] Tanya Sukhija-Cohen, Esq. [S.B. #295589]

3

Theresa Zhen, Esq. [S.B. #300710] HADSELL STORMER RENICK & DAI LLP

4

128 N. Fair Oaks Avenue Pasadena, California 91103

5

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

6

Emails: dstormer@hadsellstormer.com sshanbhag@hadsellstormer.com

7

tanya@hadsellstormer.com tzhen@hadsellstormer.com

8 Barrett S. Litt, Esq. [S.B. #45527]

9

Lindsay B. Battles, Esq. [S.B. #262862] KAYE, MCLANE, BEDNARSKI, & LITT, LLP

10

975 E. Green Street Pasadena, CA 91106

11

Telephone: (626) 844-7660 Facsimile: (626) 844-7670

12

Email: blitt@kmbllaw.com lbattles@kmbllaw.com

13

14 Attorneys for Petitioners/Plaintiffs

15 [Additional Counsel continued on next page]

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18

RODNEY CULLORS, DENEAL YOUNG, JESSICA HAVILAND, RANY UONG,

Case No.: 2:20-cv-03760

19

MARK AVILA, CAROLE DUNHAM, LEANDREW LEWIS, VICTOR

CLASS ACTION

20

GUTIERREZ, JEREMIAH FARMER, on behalf of themselves and all others

DECLARATIONS OF PLAINTIFFS AND PUTATIVE CLASS MEMBERS IN

21

similarly situated, DIGNITY AND POWER NOW, YOUTH JUSTICE

SUPPORT OF PETITIONERS/ PLAINTIFFS’ MOTION FOR CLASS

22 COALITION,

CERTIFICATION AND APPLICATION FOR TEMPORARY RESTRAINING

23

Plaintiffs,

ORDER AND MOTION FOR PRELIMINARY INJUNCTION

24 vs.

25

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF ALEX

26

VILLANUEVA, and DOES 1-10, inclusive,

27

Defendants.

28

DECLARATIONS OF PLTFS ISO MOTION FOR CLASS CERT AND APP FOR TRO AND MOTION FOR PRELIMINARY INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 2 of 87 Page ID #:134

1 [Additional Counsel continued from first page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

3

ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St.

Katherine C. Hubbard, Esq. [S.B. #302729]

4

Los Angeles, CA 90017 Telephone: (213) 977-9500

CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800

5 Facsimile: (213) 977-5299

Washington, DC 20009

6 Email: peliasberg@aclu.sc.org

Telephone: (202) 894-6126 Facsimile: (202) 609-8030

7

Email: alec@civilrightscorps.org katherine@civilrightscorps.org

8

9

Catherine Sweetser, SBN 271142 Alicia Virani, SBN 281187

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION

10

Aaron Littman, SBN 330283 UCLA LAW CLINICS

NATIONAL PRISON PROJECT 915 15th St., N.W.

11 385 Charles E. Young Drive East Los Angeles, CA 90095

Washington, D.C. 20005 Telephone: (202) 393-4930

12 (310) 825-9562

Facsimile: (202) 393-4931

13

Email: csweetser@sshhlaw.com virani@law.ucla.edu

Email: ebalaban@aclu.org

14

littman@law.ucla.edu

15 Andrea Woods, Esq.*

16

AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor

17

New York, NY 10004 Telephone: (212) 549-2528

18 Facsimile: (212) 607-3329 Email: awoods@aclu.org

19

20 *pro hac vice applications forthcoming

21

22

23

24

25

26

27

28

DECLARATIONS OF PLTFS ISO MOTION FOR CLASS CERT AND APP FOR TRO AND MOTION FOR PRELIMINARY INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 3 of 87 Page ID #:135

1

DECLARATIONS OF PLAINTIFFS & PUTATIVE CLASS MEMBERS

2

IN SUPPORT OF PETITIONERS/ PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION AND APPLICATION FOR TEMPORARY RESTRAINING

3

ORDER AND MOTION FOR PRELIMINARY INJUNCTION

4 Exhibit Description

5

1 Declaration of Mark Avila, dated April 17, 2020

6

2 Declaration of Catrina Balderrama, dated April 17, 2020

7

3 Declaration of Rodney Cullors, dated April 17, 2020

8

4 Declaration of Holly Davidson, dated April 14, 2020

9

5 Declaration of Carole Dunham, dated April 14, 2020

10

6 Declaration of Jeremiah Farmer, dated April 17, 2020

11

7 Declaration of Andrew Fuentes, dated April 22, 2020

12

8 Declaration of Victor Gutierrez, dated April 15, 2020

13

9 Declaration of Jessica Haviland, dated April 14, 2020

14

10 Declaration of Albert Kirk Jones, dated April 17, 2020

15

11 Declaration of LeAndrew Lewis, dated April 18, 2020

16

12 Declaration of Jeffrey Livotto, dated April 22, 2020

17

13 Declaration of Rany Uong, dated April 17, 2020

18

14 Declaration of Benito Venegas, dated April 14, 2020

19

15 Declaration of DeNeal Young, dated April 23, 2020

20

21 Dated: April 24, 2020

Respectfully Submitted,

22

HADSELL STORMER RENICK & DAI LLP KAYE, MCLANE, BEDNARSKI & LITT, LLP

23

CIVIL RIGHTS CORPS UCLA LAW CLINICS

24

ACLU OF SOUTHERN CALIFORNIA AMERICAN CIVIL LIBERTIES UNION

25

26

By: /s/ - Barrett S. Litt

27

Barrett S. Litt

Lindsay Battles

28

Attorneys for Petitioners/Plaintiffs

DECLARATIONS OF PLTFS ISO MOTION FOR

1

CLASS CERT AND APP FOR TRO AND MOTION

FOR PRELIMINARY INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 4 of 87 Page ID #:136
Ex. 1

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 5 of 87 Page ID #:137

1

DECLARATION OF MARK AVILA

2 I, Mark Avila, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto:

6

2. I am currently incarcerated in Men’s Central Jail (“MCJ”) in Los Angeles,

7 California. I have been incarcerated at MCJ since November 4, 2019, awaiting trial on

8 nonviolent charges.

9

3. I am a 33-year-old Hispanic man. On January 29, 2020, I was bitten on the

10 left calf by a police dog while my hands were handcuffed behind my back.

11

4. Shortly after, I was inexplicably placed in solitary confinement in a 1-man

12 “high power” cell even though I have no prior write-ups or losses of privilege at MCJ. I

13 have been housed there ever since. Due to the conditions in the jail, the lack of

14 precautions to prevent the spread of COVID-19 that I have observed from jail staff and

15 deputies, and my preexisting respiratory conditions (described herein), I fear for my life

16 inside the jail.

17

5. I have multiple underlying health conditions: I was born with chronic asthma

18 and throughout my life, have had an average of three severe asthma attacks a year. When

19 I have an asthma attack, I experience shortness of breath, dizziness, hyperventilation, lack

20 of oxygenation, and depending on the time from onset to treatment, I can lose

21 consciousness.

22

6. I have been hospitalized due to my chronic asthma about 30 times in my

23 lifetime. When I was free, I had an extensive medical care regiment where I always had 2

24 inhalers on me, access to my necessary medications at all times Ventilin, Advair,

25 Pretzone, and access to breathing treatments which I had to take daily. I primarily used

26 an Albuterol nebulizer breathing treatment daily. This breathing treatment is a

27 bronchodilator, which helps to open up my airways and relax muscles in my breathing

28 passages. Because of my restricted breathing, I use my inhalers 4x/day to 5x/day, which

DECLARATION OF MARK AVILA

-1-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 6 of 87 Page ID #:138

1 delivers much needed medication to my lungs. Usually, an inhaler lasts a person with

2 asthma about 16 days; whereas it usually lasts me less than ten days due to frequency of

3 use. At MCJ, I have to show the medical staff that my inhaler has zero puffs left before

4 the staff will order me a new inhaler. The last time I asked for an inhaler, it took the jail

5 staff 10 days to "refill" my inhaler. My asthma is exacerbated by dust and strong

6 chemicals. It has been made worse by the jail conditions in which I am living where dirt

7 and dust is rampant. If I contract COVID-19 from a deputy, nurse, staff member or other

8 prisoner, I am fearful that I am especially at-risk due to my serious pulmonary conditions.

9 I also have diabetes, liver disease, and a blood disorder that causes me to have a high

10 white blood cell count.

11

7. I am housed in a 1-man cell in a module with about 25 other men. I have one

12 bed and a toilet in my cell. Walls separate the cells in my module, but there are barred

13 doors and I can reach out and touch the prisoner in the cell next to me. I am not six feet

14 apart from the prisoner in the cell next to me. Because I can hear and talk to the other

15 prisoners through the barred doors, I have heard other prisoners in my module coughing.

16 I have not seen the guards remove those individuals from the module.

17

8. Since approximately March 30, I have daily asked the deputies and nurses

18 who come by my cell for a mask or some kind of protective gear to protect myself against

19 COVID-19. They know that I have chronic asthma because I am under strict instructions

20 to have my inhaler on me at all times.

21

9. Until April 10, I was told no. "If I gave you one, I'd have to give one to

22 everyone else." The only people who have masks are the deputies and some (but not all)

23 nurses. When I was in the medical unit recently (see below), some nurses wore masks,

24 but not all. Not all of the deputies wear masks. I have seen deputies coughing near my

25 cell. The deputies don’t always wear masks and sometimes their masks will be down

26 below their chin or on top of their head, providing absolutely no protection from their

27 coughing.

28

10. On April 1, I submitted an inmate request form seeking a mask. On April 9,

DECLARATION OF MARK AVILA

-2-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 7 of 87 Page ID #:139

1 because I was worried that the jail had still not taken any steps to protect people like me

2 with preexisting health conditions, I decided to escalate the matter and submitted a

3 grievance form asking for a mask, hand sanitizer and other necessities for cleaning. To

4 date, I have not received a response to my grievance request.

5

11. On April 10, early in the morning, I saw that someone had deposited a face

6 mask in my cell. I assume it was the jail staff, but I have not been explicitly told so. I was

7 not given any directions about how to wear it or when to wear it, or if we will be getting

8 new masks after a certain period of time has elapsed. While I’m glad that the jail staff is

9 finally paying attention to my concerns, no one in the jail – neither medical staff nor the

10 Sheriff’s deputies – have provided us with other protective gear such as hand sanitizer or

11 gloves. As of April 17, I have not gotten any new masks and have been told to reuse the

12 one I received on April 10. I am afraid to wash the mask because it is made of flimsy

13 material and I don’t have instructions on how to clean it.

14

12. Despite my known respiratory illnesses, MCJ staff, deputies, and medical

15 personnel have not taken any special precautions to prevent the spread of COVID-19 to

16 me. No information has been provided to me by jail staff or deputies about the virus and

17 how to prevent its spread. I do not see any signage in the jail and no one has given me

18 any written materials with information about how I can prevent the spread. I get my news

19 from newspapers; that's how I know the disease is respiratory. Moreover, my inhaler ran

20 out the week of April 6th and it was just replaced. I was terrified that I would have a

21 severe asthma attack while waiting for my inhaler to be refilled.

22

13. My experience is that it takes 2-3 weeks to be seen by a doctor in the jail

23 after submitting a request to see a doctor. On February 29, 2020, my shoulder was

24 injured; after waiting for 4 weeks, I finally saw a doctor for a popped shoulder for which

25 I was in a lot of pain. During those 4 weeks of wait, I was in excruciating pain and could

26 barely move my left arm.

27

14. The RN that treated me told me that there was an 89% fatality rate from

28 COVID-19 for people like me who have chronic asthma.

DECLARATION OF MARK AVILA

-3-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 8 of 87 Page ID #:140

1

15. Each person is provided one free tiny bar of soap and a single roll of toilet

2 paper once a week. I use up my free bar of soap in a couple of days because I know it is

3 important to wash my hands often to avoid catching the virus. I have had to buy soap

4 from commissary after that, which has been a financial hardship for me.

5

16. I am responsible for cleaning my own cell, and I do not have the proper

6 equipment or clean supplies to do so. Sometimes, inmates are given AJAX and a scrub

7 pad in order to clean our own cells, but only if the jail’s supplies are not low. We are also

8 given a very diluted disinfectant. I know that it is diluted because it is so watered down,

9 the disinfectant is almost odorless. I have also overheard the trustees say to each other,

10 “hey, we’re running low and have to dilute it” before allowing us to clean our cells.

11

17. As of April 17, the prisoners in my module have told me that they are unable

12 to purchase Clorox wipes, which used to be an item available through commissary. They

13 are now told it is an “unauthorized item.”

14

18. I shower 3x a week on Monday, Wednesday, and Friday. The showers are

15 shared with the entire module. There is a yard call once a week in which we are locked

16 in dog cages for 3 hours. While in the dog cages, there is only a foot between one

17 prisoner and the next.

18

19. I have overheard that at least two sections of MCJ are quarantined right now,

19 potentially for a possible case of COVID-19. When I was going to yard on the morning

20 of April 10, the guards led me and about 9 other inmates through a hallway next to a

21 potentially quarantined section of the jail in order to get to the yard that is designated for

22 “high power” inmates. The walls of the quarantined section do not reach the ceiling.

23 There is a perforated metal section at the top of the wall. As such, there was still air

24 circulation between the quarantined section and the hallway where we were walking. We

25 get within four feet of the perforated metal section when we pass by the quarantined

26 section. I can hear and see the quarantined inmates in that open dorm. I feel that this is

27 dangerous and exposing people like me with preexisting medical conditions to COVID-

28 19 spread.

DECLARATION OF MARK AVILA

-4-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 9 of 87 Page ID #:141

1

20. On April 8th, I went to court for a court appearance. Because I was afraid of

2 COVID-19 spread and because the guards had not given us any protection, I created my

3 own mask out of a torn t-shirt that I tied around my head. At 6am, I was escorted by

4 deputies down my tier to the bus area. I waited in the “court line”, shackled to other

5 prisoners, to get on a sheriff’s bus. Throughout the day, I was passed through the custody

6 of multiple deputies. I came in close contact with several deputies at Men’s Central who

7 walked me from my cell to the court line, processed me on the court line, shackled me to

8 other prisoners on the court line, and loaded me on the bus. I observed other prisoners on

9 bus coughing and many of did not have masks. I then came in close contact with deputies

10 at the courthouse itself, including those who placed me in the “court tank” (a room where

11 I waited to be seen by the judge) and who escorted me from my court tank to my

12 courtroom. The bailiff in the courtroom also came in close proximity to me when I was

13 seen by the judge. At the courthouse, I passed through multiple holding tanks where there

14 were easily 20-30 people standing in a single small room. The holding tanks are filthy

15 and we were not provided disinfectant supplies to help us wipe down any surfaces we

16 touch. When I returned to MCJ, I was forced into a single “stand-up cage” with 10-12

17 other people, where we were to wait for our unit officers to pick us up and bring us back

18 to our modules. The individual “stand-up cages” are separated by perforated metal and

19 adjacent to each other so that you’re standing less than six feet away from the person in

20 the next cage. We were not seen by a nurse or a doctor on our way back from court. My

21 temperature was not taken at any point before getting on the bus in the morning. My

22 temperature was not taken at any point on my way back from court. I was not asked about

23 symptoms of COVID-19 at any part of the process from here and back. As far as I could

24 tell, there was no effort to keep prisoners 6 feet distance from each other. We were also

25 not provided masks or other face coverings to prevent the spread of COVID-19.

26

21. Due to the visitor restrictions, I have not seen my pregnant wife and four

27 kids in months. I am afraid I will die in jail from COVID-19. In my module, if the

28 phone is functioning (it was broken today), I only get a 30-minute phone call and it is to

DECLARATION OF MARK AVILA

-5-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 10 of 87 Page ID #:142

1 my fear that if I contract COVID-19 from someone in the jail, I only have 30 minutes to

2 speak to all my kids before they lose their father. To be in here and not have proper

3 medical attention causes me and my family extreme anxiety.

4

22. If released, I will go to my sister's house in Lancaster, CA because I do not

5 want to expose my pregnant wife to anything I may have picked up in jail since she also

6 suffers from chronic asthma. My sister would be able to pick me up from MCJ. I would

7 have access to more inhalers, my daily breathing treatment, suitable living conditions for

8 my chronic asthma, be able to safely social distance from others, and be able to meet my

9 newborn child once he or she is born. I am not charged with a violent crime. The

10 sentence I am facing for my case is not eligible for death, much less death by COVID-19.

11

23. I am a member of the Youth Justice Coalition.

12

13

I declare under penalty of perjury under the laws of the State of California and the

14 United States of America that the foregoing is true and correct. Executed this 17th day of

15 April 2020, in Los Angeles, California.

16

17

18

19

20

21

22

23

24

25

26

27

28

DECLARATION OF MARK AVILA

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 11 of 87 Page ID #:143
Ex. 2

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 12 of 87 Page ID #:144

1

DECLARATION OF CATRINA BALDERRAMA

2 I, Catrina Balderrama, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would testify

4 competently thereto:

5

1. I am currently incarcerated at the Century Regional Detention Facility

6 (“CRDF”), in Lynwood, California. I am 37 years old and have been incarcerated here

7 since January 14, 2020.

8

2. I am incarcerated on a misdemeanor charge, with a bail of $1,000, and a

9 felony probation violation, with a no bail hold.

10

3. When I was first incarcerated here, I was housed in module 3700 in a cell

11 with a bunkie. When we first learned about the COVID-19 outbreak, we were not given

12 masks or gloves. Any time the news was on the television in the module, the deputies

13 would turn it off. I received no useful information about how to protect myself from

14 COVID-19 from the deputies. Once, a deputy told us that modules 3500 and 3800 were

15 on quarantine, but that no one tested positive. Those modules are right next to module

16 3700 where I was housed, so I was incredibly concerned.

17

4. On March 16, 2020, I was transported to court for a hearing at the Clara

18 Shortridge Foltz Criminal Justice Center in Downtown Los Angeles. When I was

19 transported back to CRDF, I was placed in a holding tank in order for the deputies to

20 process us back to our modules. In that holding tank, there was an older woman dressed

21 in brown colored jail clothing, which I know signifies a hospital housing designation.

22 That woman was coughing a lot and having trouble breathing. There were 15 of us in the

23 holding tank at that time and not enough room to appropriately social distance from this

24 woman. I was in there for about 35 minutes before I was taken back to my housing in

25 module 3700. My temperature was not taken that day in response to this incident and I

26 was not given a mask.

27

5. On or about March 18, 2020, I had a terrible headache and felt very

28 lethargic. I asked the deputy of my module to see medical and I was told to be quiet and

DECL. OF CATRINA BALDERRAMA

-1-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 13 of 87 Page ID #:145

1 lay down.

2

6. Between March 18th and 25th I experienced a lot of cramping, chills, a

3 fever, extreme sweating, a raw and sore throat and the headaches continued. I

4 consistently asked to be seen by medical staff via written and verbal requests and was not

5 given the opportunity.

6

7. I filed my first grievance on March 25, 2020, asking to speak to Operation

7 Safe Jails (“OSJ”) as was recommended to me by a sergeant here at CRDF. I never

8 received a response.

9

8. Finally on April 1, 2020, I was allowed to see nurses at the mini clinic on

10 my floor. I was then taken to the main clinic at CRDF and attended to by a doctor and a

11 nurse. At this point they took my temperature and told me I had a temperature of 103.8

12 degrees. They put me in a bed in the clinic. I was feeling nauseous and my head hurt so

13 badly I thought it was going to explode. They gave me Imitrex, Tylenol and an ice pack.

14 They did not administer any kind of COVID-19 test. They tried to get me to eat crackers,

15 but I could not eat anything. My mouth was dry, my lips were peeling and I was

16 incredibly dehydrated. I was there for about one and a half hours without any other

17 treatment. I asked medical staff if I could go back to my cell because the bright lights in

18 the medical clinic were making my headache worse. Before they sent me back to the

19 3700 module, they put me in a holding tank with about five other females, at least one of

20 whom was very old. I was in this holding tank for 2 ½ to 3 hours. They did not give me a

21 mask or gloves at this time.

22

9. When I arrived back to module 3700, they put me in my cell with my

23 roommate. I still was not given a mask or gloves. The cells are so small that I could not

24 practice social distancing with my roommate. She was not given a mask or gloves either.

25

10. On the night of April 1, 2020, a male deputy came into my cell and told me

26 to pack my things because I was going to leave. I did not understand what he was talking

27 about and he gave me no more information. While I was packing my belongings, another

28 deputy asked me to step out of my cell so she could talk to me. I thought she was going to

DECL. OF CATRINA BALDERRAMA

-2-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 14 of 87 Page ID #:146

1 give me more information, so I stepped outside. This deputy then closed the door to my

2 cell and told me to come with her and not worry about my belongings, that she would

3 bring them later. She told me she was taking me down to module 1600, which I know is

4 the module for disciplinary segregation. I asked her what I had done, but she would not

5 tell me.

6

11. The same deputy locked me in module 1600, pod 2, cell 16. The cell is a

7 single person cell that is in a disgusting condition. I have never experienced anything like

8 this in my life. There was no toilet paper or soap and there was old food under the bed

9 and on the walls. She told me my release papers had come through and I was going

10 home. When I got excited about this, she said “April Fools”. She then proceeded to tell

11 me “see you later in hell when you die.” The other deputies that were outside of my cell

12 with her laughed when she said this.

13

12. They did not bring me my belongings to this cell and did not give me a “fish

14 kit”, the kit with the basic hygienic materials while I was in cell 16. I did not receive my

15 medication and nurses only came by to check my blood pressure. At one point a nurse

16 tried to give me my medications but the deputies refused to open the slot to my cell and

17 the nurses cannot open the slots themselves. I also was not given the opportunity to

18 shower or leave my cell. I was not given soap, toilet paper, nor sanitary napkins.

19

13. Either the next day or the day after, I was given a paper mask and escorted to

20 a police car waiting outside. They told me I was going to the Correctional Treatment

21 Center (“CTC”) at Twin Towers. All of the deputies on the way to the police car were

22 wearing HAZMAT suits and looking at me like they came to watch a freak show. As I

23 was about to get into the police car, the deputies got a call on the radio saying that my

24 bed at CTC was filled up and so they escorted me back to module 1600. They did not tell

25 me when I would be able to go to CTC for treatment.

26

14. The next day I was transported to CTC. On my second day at CTC I was

27 tested for COVID-19. They said the test would take four days to return. In the meantime,

28 I was treated well by the doctors and nurses at CTC. They changed my clothes and sheets

DECL. OF CATRINA BALDERRAMA

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 15 of 87 Page ID #:147

1 every day, letting me know that these are the types of precautions that need to be taken if

2 someone potentially has the virus.

3

15. On or about April 9th the COVID-19 test came back positive. By April 10th,

4 CTC had cleared me to go back to CRDF. The instructions from the medical staff were

5 that I had to be on a special medical diet that included extra fruits and vegetables, non-

6 stop liquids, and a clean and sanitized environment.

7

16. I returned back to CRDF on April 10, 2020. One of the deputies that was

8 transporting me to my cell told me that I would die in module 1600 from COVID-19.

9

17. I returned back to module 1600, pod 2, and this time to cell 15.

10

18. While incarcerated in module 1600, I am inside my cell 24 hours a day. I am

11 not allowed to make phone calls. I am served food through a slot in my door. The

12 deputies rarely pick up my trash so it piles up by the door. My sink is clogged and fills up

13 with dirty water when other people flush their toilets. The sink is clogged with dirty water

14 so high that I am unable to place a cup under the faucet to catch the water that runs from

15 there in order to brush my teeth or wash myself. I have not been allowed out of my cell to

16 shower while in this module. Before I was sent to CTC I received no soap while housed

17 in 1600. It was not until April 11th that I received half a bar of soap to clean with. No one

18 comes in to clean my cell and I have no access to disinfectant. There are balls of dust

19 everywhere on the floor and the cell is incredibly disgusting.

20

19. The paper mask I received before being transported to CTC was lost along

21 the way and I did not return to CRDF with a mask. I was told by a deputy that I cannot

22 receive my medication if I am not wearing a mask and I did not receive medication on

23 my first day back from CTC. I was given one mask on April 11, 2020. I have not been

24 given gloves or disinfectant.

25

20. I have not received my medical diet or the constant liquids I require as

26 prescribed by the doctor at CTC. Milk is the only liquid I am served throughout the day.

27 However, I am allergic to milk and the jail staff is aware of this.

28

21. The nurse comes to see me three times a day and takes my temperature,

DECL. OF CATRINA BALDERRAMA

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 16 of 87 Page ID #:148

1 which is now fairly stable, around 97.8/98 degrees. When the nurses take my blood

2 pressure and temperature, it is through a slot in the door, they do not come inside my cell.

3

22. I feel like I am developing symptoms again, like a sore throat and headache.

4 I am terrified I am going to die in here. My mother is in a coma and I am her conservator.

5 Yet, I have not been able to call home in 12 days. I am so afraid she might be dead and I

6 would not even know.

7

23. If I were released I would be able to live with my mother-in-law Edna

8 Franco in Ontario who has a backhouse that has a separate exit and entry so that I could

9 remain quarantined from other people.

10

11

I declare under penalty of perjury under the laws of the State of California and the

12 United States of America that the foregoing is true and correct. Executed this 17th day of

13 April 2020, in Los Angeles, California.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECL. OF CATRINA BALDERRAMA

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 17 of 87 Page ID #:149
Ex. 3

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 18 of 87 Page ID #:150

1

DECLARATION OF RODNEY CULLORS

2 I, Rodney Cullors, certify under penalty of perjury that the following statement is true

3 and correct pursuant to 28 U.S.C. § 1746.

4

1. My name is Rodney Cullors. I am 58 years old and I have been incarcerated

5 in the Men’s Central Jail in Los Angeles County since February 2019. I’ve been waiting

6 over a year for a trial in my case. I’m incarcerated because I can’t afford to pay my bail.

7

2. Because of my age and medical conditions, I have been terrified about

8 getting infected with the coronavirus. I have hypertension, heart problems, and spinal

9 damage. I have also been diagnosed with schizophrenia, bipolar disorder, and manic

10 depression. Due to my spinal damage, I need to use a wheelchair to move around here in

11 the jail. On the outside, I need to use both a cane and leg braces in order to walk.

12

3. With my age and medical conditions, I worry I won’t recover if I get

13 infected in the jail. I want to feel safe here, but I don’t. I don’t say this lightly, but I am

14 terrified that I am next to get infected. I am terrified that I will die here.

15

4. There is no way for me to keep clean here in the jail. I don’t have hand

16 sanitizer, and I haven’t had soap in weeks. The jail gives me no soap in my cell, so I

17 can’t wash my hands or my body. Inmates can purchase soap, but it’s expensive and my

18 commissary account is empty. The jail also doesn’t give us any paper towels. We’re

19 given one cloth towel, but they only do laundry once a week. My towel gets dirty

20 quickly since I don’t have soap to wash my hands. With no way to wash and dry my

21 hands, I cannot take even the most basic steps to avoid getting infected with coronavirus.

22

5. Due to my medical and psychiatric needs, I am confined in a single-person

23 cell. I have access to a shower in my cell, but it is not accessible, and I don’t even have

24 soap. I recently slipped when using the shower in my cell, and I got a laceration on my

25 forehead. The reason I slipped is because the shower in my cell is not compliant with the

26 ADA, and I need to use a wheelchair to move around here. Ever since that injury, I’ve

27 been afraid to use that shower. I don’t want to slip and get hurt again.

28

6. Once a week, I’m allowed to use an ADA-compliant shower outside my cell.

DECL. OF RODNEY CULLORS

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 19 of 87 Page ID #:151

1 Even if I’m less likely to get injured there, the shower is extremely dirty. It’s a shared

2 shower, and as far as I know, it doesn’t get cleaned between different people using it. I’d

3 be surprised if it ever gets cleaned. Also, the exhaust in the shower is clogged, so it feels

4 like the air and steam never circulate out of there. I’m scared that someone infected

5 might use the shower, and I could get sick from that too. The shower is full of mold and

6 filth. The last time I showered was in the ADA-compliant shower last week, but I think I

7 might stop doing that from now on in order to protect myself from getting infected while

8 in there.

9

7. No one in the jail has given me any advice or information about the virus,

10 not even medical staff. There are no signs posted. I have not been handed a flyer or any

11 written materials about the virus. On Tuesday, April 7, I talked to nurse practitioner or

12 physician’s assistant. I asked her about the coronavirus and she told me the jail was the

13 safest place for me to be. I think everyone know that isn’t true.

14

8. The way the food is served means it very easily gets contaminated. Before

15 we get the food, it just sits there in open trays on an open metal cart, sometimes for hours.

16 Other inmates walk by during that time, and I’ve seen people cough and sneeze on or

17 near the food. It’s so easy to do that since the food is just sitting there. The food then

18 gets served to us by other inmates. I’ve seen those inmates cough while serving food.

19

9. In fact, I learned that a food worker (incarcerated individual) who has been

20 serving food for many months now, I estimate six months, has been quarantined as of

21 Sunday, April 12 because he may have tested positive for COVID-19. No deputy has

22 asked me if I am experiencing symptoms even though this food worker has served me

23 food recently.

24

10. I stopped eating for days because I know the food the jail feeds us is

25 unhygienic and unsafe. After five days, I finally ate on Tuesday, April 7, when a deputy

26 who knows I wasn’t eating brought me a tray wrapped in plastic. The food was nothing

27 different from normal, but it tasted amazing after the days of starvation. I’m still scared

28 of the jail’s food though. I need to eat but I don’t want to get infected.

DECL. OF RODNEY CULLORS

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 20 of 87 Page ID #:152

1

11. We are able to use a shared dayroom, but it’s very small, probably 10 by 14

2 feet or 12 by 18 feet. There’s typically around twelve people crammed into that tiny

3 space, and it looks like it’s never cleaned. I often see spit on the walls or surfaces,

4 sometimes wet or sometimes dry and crystalized. I usually try my best to use the

5 dayroom when I can, in order to get out of my cell, and I last went this past Wednesday

6 morning, April 8. There were less people there, around six or so, but it was still

7 impossible to stay six feet away from others since the room is so small. People were not

8 wearing masks, and one person without a mask had a violent hacking cough. I do not

9 want to go back there again.

10

12. On April 10 around 1:00 AM or 2:00 AM, a deputy dropped off a box of

11 masks for our unit. The masks were poor quality and extremely flimsy. As soon as I put

12 mine on, the strap broke. Before this, I’d been trying to use a small mask that a nurse

13 who I know gave me three weeks ago. This mask can go over my mouth but doesn’t

14 always stay over my nose. I don’t have any soap to clean the mask, so it’s been

15 unwashed the entire time. And no one told me how to clean it anyway. After the new

16 mask they gave me broke, I went back to using my old, uncleaned one. The jail staff

17 recently handed the prisoners in the medical unit brown cloth masks, but provided no

18 instructions on how to wash or clean it.

19

13. Even though I’m confined in a single cell due to my medical needs, it is

20 impossible for me to maintain distance from others in the jail when I leave my cell for

21 attorney visits or medical appointments. The deputies seem to be keeping distance and

22 taking other measures to protect their own health, but they do not permit us to stay distant

23 from others.

24

14. In fact, the deputies are keeping their distance in ways that force us inmates

25 into close contact. For example, when I was coming to the attorney visitation area on

26 April 10, the deputies made us line up against the wall away from them squished up close

27 to each other. In the elevator down to the visitation area, people were coughing. I was

28 very concerned about being required to share such a small confined space with people

DECL. OF RODNEY CULLORS

-3-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 21 of 87 Page ID #:153

1 who were coughing.

2

15. I’m also forced into close contact with others whenever I need medical care.

3 Last week, I was transported from the jail in a van with other wheelchair-confined

4 inmates because I needed an MRI. There were three of us in total chained to the

5 wheelchair van, all on our way to medical care. All of us were over 50. None of the

6 other men had masks, and some were coughing. I tried to stretch my shirt over my face

7 to protect myself.

8

16. I was in the “Urgent Care” clinic here about a month ago because I had

9 spasms in my lower extremities. The inmate on the gurney right next to mine, about two

10 or three feet away, was very sick and coughing. His shirt was off, he was sweating

11 profusely, and his eyes looked yellow. I was next to him for 30 to 45 minutes. Everyone

12 was standing around him with masks on. I asked for a mask, feeling worried about the

13 droplets from his coughing. The nurses then pulled the dividing curtains. There was

14 nothing separating me from him until I mentioned it. After my appointment, a nurse who

15 was transporting me back to my cell told me that this patient was infected with

16 coronavirus.

17

17. If I were to be released, I could stay either with my sister or a friend. I used

18 to see a doctor regularly before I was in jail. If I wasn’t here, I would be able to

19 quarantine, and I would be able to ask my doctor for the medical care and advice that I

20 need.

21

18. I am concerned that I would not receive prompt medical care if I were to

22 become infected in jail. Whenever I put in a request for medical care, it takes a month

23 / / /

24 / / /

25 / / /

26

27

28

DECL. OF RODNEY CULLORS

-4-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 22 of 87 Page ID #:154

1 before they see me. That’s in normal times, and I know they have lots more medical

2 requests right now due to the virus. I don’t want to die here. I should not be here. I am

3 going to be 60 next year. Well, I hope I am.

4

5

I declare under penalty of perjury under the laws of the State of California and the

6 United States of America that the foregoing is true and correct. Executed this 17th day of

7 April 2020, in Los Angeles, California.

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECL. OF RODNEY CULLORS

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 23 of 87 Page ID #:155
Ex. 4

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 24 of 87 Page ID #:156

1

DECLARATION OF HOLLY DAVIDSON

2 I, Holly Davidson, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would

4 testify competently thereto:

5 1. I am currently incarcerated at the Century Regional Detention Facility

6 (“CRDF”), in Lynwood, California. I am 33 years old and have been incarcerated

7 here since May 8, 2019 awaiting trial.

8 2. I am housed in module 3200 in a cell with a roommate. This module is

9 considered moderate observation housing. The cell is about 8 feet by 15 feet and

10 contains one toilet, one sink, a desk, and a 2-tiered bunk bed. There is no possible

11 way to be six feet away from my roommate at any given time.

12 3. My cell door opens up onto the dayroom. There are 12-13 women who

13 sleep in the day room. The bunk beds in the day room are grouped very closely

14 together, about one foot away from each other. Everyone in the day room eats

15 together and they are not six feet apart.

16 4. I do not come out of my cell, except for one hour per day. When I am in my

17 cell, myself and my roommate each stay on our bunks and read. We do not play

18 cards or interact in a way that could spread the virus.

19 5. I have been diagnosed with post traumatic stress disorder (“PTSD”) since a

20 very early age. I take Seroquel and Risperdal for my PTSD.

21 6. I was diagnosed with lymphoma in February of 2016. In 2016 I had one

22 round of chemotherapy which sent me into cardiac arrest and I did not have

23 another round of chemotherapy after that. When I arrived here, they performed a

24 PET scan and told me I was in remission. However, every morning I wake up with

25 pain in my lower abdomen. I have been given Motrin for this pain. As a result of

26 my lymphoma sometimes my leg swells up and I cannot move; other times my leg

27 goes numb. I am scheduled for a blood test on April 16, 2020, but I am scared to

28 go to medical because I am afraid to contract COVID-19.

- 1 -
DECLARATION OF HOLLY DAVIDSON

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 25 of 87 Page ID #:157
1 7. I also have asthma and I am able to keep Albuterol in my cell. 2 8. I have had seizures in the past, which I understand might be related to a 3 diagnosis of mild narcolepsy. My last seizure was in August or September of 4 2019. I am prescribed Keppra for these seizures. 5 9. I put in a medical request for a mask around the end of March and followed 6 up with a grievance one week later. I finally received one mask on April 11, 2020. 7 It is a cloth mask made by the women here. I do not know if this mask will protect 8 me or others from contracting the virus. 9 10. On or about April 6, 2020 I was seen by medical staff and had my vitals 10 tested because I was having a hard time breathing. I was told my blood pressure 11 was low, but that otherwise my vitals were fine. 12 11. I do not believe the jail staff was taking this pandemic seriously until the 13 week of April 6, 2020. 14 12. There are three videos that jail staff have played in our module about 15 COVID-19. From my cell I cannot see or hear them very well. The only things I 16 have learned from them is to cough into my elbow and how to wash my hands. I 17 do not know if I should be eating food from the commissary, how often to clean 18 my room, or what to eat from the kitchen. 19 13. I am given half a bar of soap every day for free, but no hand sanitizer. I get 20 clean laundry once a week, but sometimes I do not get clean boxers every week.
21 22 23 24
25 // 26 // 27 // 28 //
- 2 -
DECLARATION OF HOLLY DAVIDSON

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 26 of 87 Page ID #:158

I

14. I

I have not been told if anyone at CRDF has tested positive for COVID- 19.

-)

4 I declare under the penalty of perjury under that the foregoing is true and correct.

5

Executed tns =,|-!| day of April ,2020, at Lynwood, California.

C
i
Hollv Davidson
8

C

1C
l1
12 13
l4
15 16 11 18
t9
2A
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22 23 24 25 26 27 28
--1 -
DECLARATION OF HOLLY DAVIDSON

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 27 of 87 Page ID #:159
Ex. 5

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 28 of 87 Page ID #:160

1

DECLARATION OF CAROLE DUNHAM

2 I, Carole Dunham, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would

4 testify competently thereto:

5 1. I am currently incarcerated in the Century Regional Detention Facility in

6 Lynwood, CA. I am 30 years old and a mother of two.

7 2. When I was 9 years old, I was diagnosed with Type 1 Diabetes. The nurses

8 check my blood sugar levels and I receive insulin shots four times a day. For a
9 couple of months, I was receiving too high a dose of insulin and constantly had
10 low blood sugar. My dose has now been adjusted. I have consistently had trouble
11 managing my blood sugar in jail, in part because the food is so unhealthy.
12 3. There are four other diabetics who I know of in my unit, which is module
13 3700. I also know of other diabetics in the next module, 3600. I heard on the
14 news that people with diabetes have a higher risk of getting infected and not 15 recovering, and so I have been very scared. My mother has also been scared and 16 worried for me. 17 4. I was first convicted in 2014 on a non-violent charge. The judge gave me 3 18 years probation and 608 hours of community service. When the three years were 19 up, I had not yet completed my community service—I had 100 hours remaining. 20 My daughter was only three years old at the time, and her father had died in 2016.
21
As a result of that trauma, health problems I was having at the time, and trying to 22 care for my daughter alone, it was hard for me to complete all my community
23
service. I did not get it done by the extended date the judge set. Due to my failure
24
to complete the community service, the judge decided to sentence me on the
25
original crime to three years in jail. I began my sentence in August 2019 in the
26
same module I am in now, module 3700.
27

28

{H0615990.1}

- 1 -
DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 29 of 87 Page ID #:161

1 5. I am an inmate worker in my module. My job is to clean the module, which
2 I do every day. When the inmate workers clean the module, they give us gloves
3 but no masks. The cleaning solution they give us has a label that says “Citracide”.
4 6. I used to sleep in the dayroom of the module, which is a central area that all
5 the cells open onto, but not long ago, maybe two weeks ago, I have been given a
6 roommate, Jacqueline Valenzuela, and we both share a cell. Meals are delivered
7 to our cell and the sink and toilet are in our cell. If we are not awake when meals
8 are delivered, they place them on the floor right next to the toilet. It does not
9 seem sanitary to put the food there.
10 7. We are allowed to use the dayroom but they have decreased the number of
11 people who can be in the dayroom at one time.
12 8. My roommate and I were not given any masks until this morning. The
13 mask I have now is made of cloth, sewed by other inmates. They gave each 14 person only one mask. I wash the mask in my sink. Before we received these 15 masks, I observed some of the women in my module make their own masks out of 16 materials in their cell. A deputy in our module kept making those women take off
17
their face coverings and said we were not allowed to have face coverings. She
18
told them they would be sent to 23-hour disciplinary lockdown if they keep those
19
face coverings. I heard the deputy say this to someone as recently as this past
20
Wednesday.
21
9. There is no hand sanitizer in the dayroom or in our cells, although the
22
deputies have hand sanitizer at their desk. There is a large sink in the dayroom,
23
but the soap dispenser has been out of soap the entire time I have been here, since
24
last August. There are no paper towels to dry your hands on at the sink in the
25
dayroom or at the sinks in our cells.
26
10. When we were allowed to access the dayroom, we had a schedule for who
27
would clean the showers, and they were cleaned every day. Now, there is no set
28

{H0615990.1}

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DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 30 of 87 Page ID #:162

1 assignment for cleaning the showers. I did see one inmate volunteer one day to
2 clean the showers at night, but there does not seem to be any policy or plan for
3 cleaning the showers.
4 11.There is only one small pot for heating up water for all the inmates. We all
5 use that same pot and it is the only thing that keeps us warm when it is really cold
6 in here. There is no procedure for cleaning that. There is dirt in the hallways and
7 in the carpets.
8 12. When I am cleaning for my inmate worker duties, I wipe the phones down
9 approximately three times per day. But we all use the same phones throughout the
10 day, and they are not wiped between each use. I have seen people cough on the
11 phones. These are the phones we use to call our families and call our attorneys.
12 13. In late March, an inmate fell sick in one of the cells. This illness occurred
13 while I was still sleeping in the dayroom, so I was separated from the sick inmate 14 by a glass door, and the inmate had been allowed to come out and wander around 15 the dayroom whenever she wanted. I saw her coughing and I heard her tell the 16 deputy she had a fever. When she told the deputy this, the deputy did not react or
17
have her taken to medical. Her roommate then became sick as well, with a fever
18
and cough. I heard the roommate coughing, and she told everyone around her that
19
she had a fever.
20
14.After her roommate fell sick, the deputies came into the module with
21
masks, put masks on her and her roommate, and took them out of the module.
22
They took the first inmate who had complained out first, and then her roommate.
23
I do not know where they were taken to, but they did not return. Before they were
24
taken out of the module, they did not have masks.
25
15. Two or three days after the inmates were taken out, I and the other inmate
26
workers were asked to clean the room so new people could be put in there. I
27
complained to the deputies that I did not think it was safe to clean the room at this
28

{H0615990.1}

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DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 31 of 87 Page ID #:163

1 point, especially without a mask. I told them that I thought professionals should
2 clean the room. The deputies know that I am diabetic and get shots four times a
3 day. However, the deputies told me that we had to do it because they needed the
4 cell for new people. I had no mask or protective equipment, so I put a plastic
5 trash bag over me and wrapped a t-shirt over my face.
6 16. After I cleaned the room, I started to sneeze and I developed a dry cough
7 over the next few days. I then told my mother what had happened, and she told me
8 she was going to call the jail and insist that they take me to medical and give me a
9 test. She told me she was particularly worried about me because of my diabetes.
10 Shortly after that phone call, the deputies took me to medical, but the medical
11 personnel told me I just had allergies, and did not do a nasal swab or any other
12 kind of test. I still have not received any test.
13 17. It feels to me as though the deputies do not care if we contract the virus. 14 Many deputies do not wear their protective gear in the jail, even though I know 15 that they have masks because I see them wearing their masks from time to time. I 16 do not understand why they did not even let us use homemade face coverings,
17
even as people were getting sick. And I do not understand why there is no
18
professional cleaning in the jail. I am worried for myself because I know that my
19
diabetes makes me more vulnerable.
20
18.\ Over the weekend of April 10, 2020, I asked the deputy on duty for a
21
grievance form but the deputy told me there are no forms available in our module.
22
19.There is one person in my module who has been coughing all through the
23
night in the past few nights. Today, someone else came up to me and said she had
24
a fever and a sore throat. I told her to go to the nurses’ station. When she came
25
back from the nurses’ station she said that the nurses were just giving her cold
26
medicine and did not take her to medical. She went back into her cell, which she
27
shares with a roommate.
28

{H0615990.1}

- 4 -
DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 32 of 87 Page ID #:164

1 20.Even when I have a medical need, it is so hard to even see a doctor. After 2 we submit a medical request form, it takes 2 or 3 weeks before any doctor sees us.
3
// 4 //
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23 // //
24 25 26 27 28

{H0615990.1}

- 5 -
DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 33 of 87 Page ID #:165
20. lf I had developed this cough while liee, I would have called rny doctor' and asked for a test due to t.tty uttdellying health condition. As all illllate at CRDF, however', I atn unable to access a test. I aln vel'y ali'aid fol rny satl'cty.
I declale under the penalty o1'perjuly undel that the firregoing is tt'ue and cortect. Exccuted thisf{clay of April ,2020,at Lynwoocl, Califbmia.
i
Carole Du t l(
ll
t2 l3 l4 l5
l(
T1
l8 l9
2(.
2I
22 23
25 l1) 21 28
DI]CLARA'TION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 34 of 87 Page ID #:166
Ex. 6

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 35 of 87 Page ID #:167

1

DECLARATION OF JEREMIAH FARMER

2 I, Jeremiah Farmer, certify under penalty of perjury that the following statement is true 3 and correct pursuant to 28 U.S.C. § 1746.

4

1. My name is Jeremiah Farmer. I am 19 years old and I am incarcerated in the

5 North County Correctional Facility in Los Angeles County. I am currently serving a one6 year sentence, and concurrent to that I am also awaiting trial since January 9, 2020, on

7 other charges.

8

2. I am currently incarcerated in Dorm 717, along with around 46 other men.

9 This includes older people. Some of the people in the dorm are over 50, maybe over 60. 10 The dorm is packed extremely tightly. No one was wearing masks until on or around

11 April 15, 2020, when the deputies came around and gave everyone brown cloth masks.

12

3. Because I am in extremely close quarters with other people and unable to

13 keep any distance from them, I am very afraid of getting infected with the coronavirus.

14

4. On Tuesday, April 14, someone in my dorm may have identified as being

15 positive for COVID-19. I believe he is now in a hospital. As a result, my dorm was

16 placed in quarantine. We were responsible for cleaning the cell with a bucket of water 17 and diluted cleaning products that was put in there. We wiped the floors and railings with

18 the water in the bucket. We swept the trash. We did not get new bedding, new clothes, or 19 new towels. No nurses came by to check my temperature or to ask me, or anyone else in

20 the dorm, if we were experiencing symptoms. We just got out of quarantine yesterday

21 and everyone in my dorm is on edge. We received no information about whether the 22 prisoner tested positive or negative.

23

5. I was first given a brown cloth face mask on or around April 15. Probably

24 around two weeks ago, I first saw the officers wearing masks when they came into the

25 dorm. When I saw this, I asked the deputy if I could get a mask too. He said no. None 26 of the other inmates in my dorm are wearing masks. Everyone is breathing and coughing

27 on each other. I am very afraid of getting infected from the other people in the dorm. I 28 have not been provided any instructions on how to clean the brown cloth mask.

DECLARATION OF JEREMIAH FARMER

-1-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 36 of 87 Page ID #:168

1

6. Everyone is in bunk beds in the dorm, stacked three high, and each stack of

2 bunks is about two or three feet away from the next stack. While laying down, I can

3 touch the beds next to me. The top bunk is about a foot away from the ceiling.

4

7. All day long, others in the dorm are regularly coughing and sneezing around

5 me, and there is nothing I can do about it. People have been coughing very close to me,

6 even in the beds right next to me.

7

8. The way the meals are served are not sanitary and do not seem safe for

8 protecting us from the virus. For some meals, other inmates are assigned to drop trays off

9 at each bed from a shared cart that is slid into the dorm. For other meals, including

10 dinner, inmates serve us the food from large tubs. I have seen them cough on the food

11 and touch their faces when they serve us food.

12

9. I have also seen people coughing while they use the shared phones. There

13 are a total of six phones in the dorm, and we all share them to call our families or call our

14 attorneys. In my entire time here, I only once saw someone come in to clean the phones.

15 The phones are not wiped clean in between different people using them, and I am worried

16 we could get infected from them.

17

10. I have never had hand sanitizer in the jail. We are given a small bar of soap,

18 like the kind you see in a motel. The soap is labeled “Freshscent Deodorant Soap” and I

19 don’t think it’s anti-bacterial. The soap is replaced once a week or so, and sometimes I

20 run out of mine before it’s replaced. When that happens, I have to go without soap or ask

21 others to borrow theirs. The guards have the discretion to give us soap – some days they

22 give it, other days they won’t. Ever since our quarantine, the soaps have remained the

23 same and I am concerned that the soaps are not effective against bacteria and viruses.

24

11. The fifty or so of us in the dorm share only two showers between all of us.

25 An inmate is assigned to clean that shower once a day, but there is no cleaning in

26 between different people using it. On any day, twenty or thirty people regularly use a

27 shower before it’s cleaned. The shower is very dirty.

28

DECLARATION OF JEREMIAH FARMER

-2-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 37 of 87 Page ID #:169

1

12. We also used shared sinks to wash our hands. There is sometimes a bar of

2 soap there but often not, and then I have to go around and see if someone has a bar of

3 soap nearby for me to use.

4

13. I only have one towel to use after both showering and washing my hands. I

5 get a new towel only when the laundry exchange happens once a month, so I have to use

6 same unwashed towel for a month.

7

14. Other than announcements that we hear over the loudspeaker about covering

8 our mouths when we cough and washing our hands, no medical staff have given me any

9 information or advice about coronavirus and what I need to do to protect myself.

10

15. About two or three weeks ago, a whole bunch of people were brought into

11 the dorm from the North facility up the street here. I heard rumors that they were moved

12 because of coronavirus, but I have no way to know because no one tells us anything.

13

16. I am very afraid about being in here in such close quarters with dozens of

14 people. We have no protection against infection. I keep hearing about infections in the

15 news and from family, but I have no way to protect myself in here.

16

17. My mother is a nurse and has been giving me advice on the phone about

17 how to protect myself. My mother is scared for me. She has been urging me to be

18 careful about being too close to other people and about keeping clean, but there is pretty

19 much nothing I can do in here to be careful and protect myself.

20

18. If I was released, my family could pick me up and I could stay with my

21 mother. If I wasn’t in here, I could quarantine and practice social distancing, and I could

22 get the medical care and protection that I need. In jail, I can’t do much to protect myself.

23 I declare under penalty of perjury under the laws of the State of California and the
24 United States of America that the foregoing is true and correct. Executed this 18th day of
25 April 2020, in Los Angeles, California.
26

27

28

Jeremiah Farmer

DECLARATION OF JEREMIAH FARMER

-3-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 38 of 87 Page ID #:170
Ex. 7

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 39 of 87 Page ID #:171

1

DECLARATION OF ANDREW FUENTES

2 I, Andrew Fuentes, certify under penalty of perjury that the following statement is true

3 and correct pursuant to 28 U.S.C. § 1746.

4

1. My name is Andrew Fuentes. I am 20 years old, and I am a resident of Los

5 Angeles County. I currently live in Santa Clarita. I was incarcerated pending trial at the

6 Men’s Central Jail and North County Correction Facility from January 27, 2020, to April

7 8, 2020. I am still awaiting trial, and I was released from jail because my family paid a

8 bail bondsman for my bail.

9

2. I have long had serious medical conditions related to my liver and bone

10 marrow. I tested positive for hepatitis in early 2017. About a year later, in January 2018,

11 I was diagnosed with severe aplastic anemia, a bone marrow disease. Because of that

12 condition, I was hospitalized for three months and received full-body radiation and

13 chemotherapy, and I received a bone marrow transplant in March 2018. I have been

14 immunocompromised as a result of that condition and treatment. As part of that

15 treatment, doctors also took a bone biopsy, and this procedure caused nerve damage. I

16 then had to go through physical therapy for months in order to teach myself how to walk

17 again. A few years ago, I was also having seizures regularly, about every week.

18

3. I was arrested and detained pretrial starting on January 27, 2020. I was

19 arrested because I turned myself in, and then I was held on a $50,000 bail. My family

20 and I could not afford this bail amount.

21

4. On March 24, my public defender tried to get my custody reduced to release

22 on my own recognizance in light of my medical conditions. The judge refused to do this.

23 Instead, he reduced my bail to $49,000. I was finally released early on the morning on

24 Wednesday, April 8, because my family was able to pay my bail through a bondsman.

25

5. When I was first booked for detention, I received some kind of medical

26 check-up at Twin Towers downtown. I told the doctors at that check-up about my

27 medical history including my hepatitis, anemia, and chemotherapy. Because of the

28 information I shared then, the jail should have known about my prior medication

DECLARATION OF ANDREW FUENTES

-1-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 40 of 87 Page ID #:172

1 conditions and my vulnerability to complications from a coronavirus infection. But they

2 did nothing to screen, isolate, or protect me.

3

6. When I was turned myself in to the Sheriff’s Department and was arrested,

4 my mom handed the sheriff’s deputies my MedicAlert necklace, which contains crucial

5 information about my medical conditions and medical history. My mom told the deputies

6 this was important for the jail to keep in order to monitor and treat my conditions, but the

7 necklace did not seem to make it beyond that point. I believe the jail put in with my

8 property, which I did not have access to, and the information was never passed on.

9

7. I was housed at North County Correctional Facility starting sometime in

10 early March. I was detained there in a dorm with about 70 or 80 people, all sleeping in

11 double bunks, all of us close to each other. The bunks were attached to each other on the

12 sides against the wall.

13

8. It was impossible for me to keep distant from others in the dorm. While

14 lying down or sitting on my bunk, I could easily just reach and touch the next person’s

15 bed. There was no way for me to keep six feet away from the person next to me. I tried,

16 but it was impossible. People were coughing and sneezing on everyone, and I was unable

17 to stay away.

18

9. I asked the guards at North County for masks many times. Other people

19 asked too. But they never gave any of us masks. I never had a mask in the dorm. None

20 of us did. The guards sometimes had masks, but they wouldn’t always wear them.

21

10. I went to court on March 24 and April 7. Both times that I went to court,

22 everyone going to court that day was first put in a crowded hallway. There were 30 or so

23 of us there in that hallway, from different dorms and different parts of the jail. The

24 hallway was probably 10 feet long and no more than four steps sideways. It wasn’t big at

25 all, and all of us were stuffed in there without any masks or way to protect ourselves.

26 People were coughing and sneezing. After making us line up, the guards handcuffed us

27 and put all of us on the bus. On the bus, I had to share a seat with someone else and was

28 chained to him. No one on the bus had masks. The jail didn’t check temperatures or

DECLARATION OF ANDREW FUENTES

-2-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 41 of 87 Page ID #:173

1 perform any other medical screening either before or after we went to court. Instead,

2 when we got back, we were put back in the dorm after being exposed to all those people.

3

11. In the dorm, I mostly had to figure out myself how to get soap because the

4 jail only gave me one small free soap when I first arrived, and I ran out of that in two

5 days. The guards did not hand out soap. When I had money in my commissary, I would

6 usually use it to buy food because I was hungry, and then sometimes I would trade food

7 items for soap. For example, I would trade a packet of instant ramen noodles for soap or

8 other trades like that. Because soap was expensive, I had difficulty buying it or getting it

9 from other people. The soap that people could get through commissary was just a small

10 white bar, never liquid soap. I never had hand sanitizer. I wish I did, but they never gave

11 us any.

12

12. We had to do our own laundry in the sink using that same soap that we had

13 to make do with for showering and for washing our hands. In order to save soap, I just

14 showered wearing my clothes. We never had paper towels, just one small cloth towel

15 that we also had to clean ourselves by hand. We never received any laundry detergent for

16 cleaning.

17

13. A few inmates in the dorm were in charge of assigning jobs among us, and

18 the job I was assigned was cleaning showers. It was the dirtiest job and I didn’t want to

19 do it, but I couldn’t get out of it. I wasn’t really able to clean that well though. There

20 was a bucket of liquid cleaning solution and I tried to use that. I wore a shower-cleaning

21 shoe and used it to try to scrub the shower and pick up hair, filth, trash, and whatever else

22 was in the shower. I cleaned the showers twice a day, but people used it in many times in

23 between cleanings.

24

14. Some other inmates were in charge of cleaning shared surfaces, like the

25 tables, the floors, sometimes the railings. Those chores were assigned each week, and

26 whether surfaces got cleaned really depended on who was cleaning that week. Inmates

27 used the same wet towels for all of this cleaning, along with the bucket of cleaning

28

DECLARATION OF ANDREW FUENTES

-3-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 42 of 87 Page ID #:174

1 solution. But the surfaces were usually cleaned at most once a day, and we all touched

2 these common surfaces in between cleanings.

3

15. I tried to wipe down the phones before using them, but they were not

4 regularly cleaned. I have seen people cough on the phones and spit while talking on the

5 phones. One time the phone was wet with tears when I picked it up because the person

6 who made a phone call before me was crying.

7

16. The jail never really gave us information on the coronavirus, so most of

8 what I knew came from newspapers or from phone calls with family. I heard from

9 another person inside that the jail sometimes showed a video about coronavirus, but I

10 never saw it. Maybe the video played while I was asleep.

11

17. Around the middle of March, I started having severe headaches like

12 migraines, as well as fatigue, chest pain, and shortness of breath. I didn’t know what it

13 was. When I went to medical with these symptoms, all they did was give me Advil. After

14 I told my mom on the phone how I felt and the jail’s response, she called the jail and said

15 I needed more serious medical attention.

16

18. In late March, I was moved to Men’s Central. I was detained there for about

17 a week and half before I was released. No one told my why I was moved, but it might

18 have been because related to my medical needs because it happened after my mom called

19 the jail and said I needed medical attention. Before I was brought to Men’s Central, a

20 doctor evaluated me at the USC hospital. The doctor at USC told me I should not be in

21 jail during the coronavirus pandemic due to my medical history and conditions. He said

22 he would sign emergency documents so that I would be released from jail. That never

23 seemed to happen though, because I was not released until my family hired the

24 bondsman.

25

19. After I was brought to Men’s Central, I was put in a cell by myself. The first

26 cell I was detained in was in some kind of medical area. I was not allowed to leave this

27 cell, and I was isolated for the week. I could not shower the entire time because there

28

DECLARATION OF ANDREW FUENTES

-4-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 43 of 87 Page ID #:175

1 was no shower in the cell, and they did not take us to the shared shower. They also didn’t

2 notify our families of where we were or why.

3

20. After a week in that cell, I was to solitary for about a day. From there, I was

4 moved to a two-man cell with someone else, also in Men’s Central. My cell mate was

5 over 70 years old and blind. Neither of us had masks. He was coughing on me, and I

6 was unable to stay away because we were in this small box together. We were breathing

7 the same air and touching the same surfaces.

8

21. There was a dayroom I could use from the shared Men’s Central cell, but it

9 was always very dirty and there were lots of people in there, so I never went in there. We

10 were allowed to shower every other day, using a shared shower. I think around eight

11 people shared this shower. There was a lot of trash everywhere, and it did not seem to be

12 cleaned.

13

22. When I first arrived in that new cell, the jail never gave me a clean bed

14 sheet. Instead, I had to sleep on the previous person’s bed sheet. My cell mate told me

15 that previous person who used the cell and used those sheets had come fresh off the street

16 and was coughing and sick too.

17

23. After about five or six days in that cell, I was moved to another two-man cell

18 in Men’s Central. I had a new cell mate here. He was 39 years old. He also was

19 coughing and sneezing a lot, and I couldn’t stay away from him either. Again, neither of

20 us had masks. He also did not appear to have good hygiene and did not clean or take care

21 of himself. I was very worried about getting infected from him.

22

24. When I first arrived at Men’s Central, they gave me a kit with a small bar of

23 soap inside, but it only lasted about two days. After that, I again had to trade food from

24 commissary for soap, just like at the last jail.

25

25. When I was in Men’s Central, I was never given any cleaning solution or

26 cleaning supplies for my cell, even the cells that I shared or where other people had been

27 detained right before. When I was in the first cell that I shared, the one where someone

28 from the street had been right before me, I asked the guards for cleaning solution so I

DECLARATION OF ANDREW FUENTES

-5-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 44 of 87 Page ID #:176

1 could clean my floor and bunk. I asked multiple times, but they never gave me anything

2 to clean my cell. While at Men’s Central, I was never able to clean my cell or the shared

3 areas.

4

26. After we would eat dinner in our cells at Men’s Central, we would slide our

5 trays out under the cells. Sometimes they would stay there for hours or days, without

6 anyone picking them up or cleaning. This did not seem very sanitary. The food was

7 nasty and smelled as it rotted. In the same hallway, the trash cans were overflowing with

8 trash.

9

27. When I was released, the jail first put me in the tank, a pretty small room the

10 size of a regular bedroom or so. There were around 35 people in that small space, and I

11 was there for five or so hours. None of us wearing masks. People were sitting right next

12 to each other on the floors. There was a bathroom in there but it was filthy and unusable,

13 with food, feces, and urine everywhere. A lot of people were coughing, a lot of people

14 were sneezing, and we weren’t able to go anywhere because we were all crammed in

15 there.

16

28. Now that I have been released, I have been able to quarantine and get the

17 medical care I need. I was not able to do this while detained. Even though I had these

18 serious and potentially deadly medical conditions that the jail knew about – and even

19 though the doctor who I was taken to said I needed to be released – I was released only

20 because my family was able to put money together to pay a bondsman.

21

22

I declare under penalty of perjury under the laws of the State of California and the

23 United States of America that the foregoing is true and correct. Executed this 22nd day of

24 April 2020, in Los Angeles, California.

25

26

27

Andrew Fuentes

28

DECLARATION OF ANDREW FUENTES

-6-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 45 of 87 Page ID #:177
Ex. 8

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 46 of 87 Page ID #:178

1

DECLARATION OF VICTOR GUTIERREZ

2 I, Victor Gutierrez, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto:

6

2. I am currently incarcerated in Twin Towers Correctional Facility (“TTCF”)

7 in Los Angeles, California. I have been incarcerated at TTCF since March 13, 2020.

8 My lawyer has been trying to get me a bail hearing, but he says the courtroom my case is

9 supposed to be heard in is closed and he has not been able to get me a hearing for a bail

10 motion on the calendar.

11

3. I am a 22-year-old Latino man. Due to the conditions in the jail, the lack of

12 precautions to prevent the spread of COVID-19 that I have observed from jail staff and

13 deputies, and my underlying health conditions (described below), I live in constant fear

14 that I will contract COVID-19 inside the jail.

15

4. I am afraid to be locked in a place where I am exposed to COVID-19,

16 especially given how serious the virus is and that I’m vulnerable to contracting the

17 disease.

18

5. The other inmates and I are given one very small bar of soap and one roll of

19 toilet paper every week. We run out of the soap very quickly, usually within 3 or 4 days,

20 because we use the soap to wash our hands, our bodies, and our clothes. The toilet paper

21 runs out quickly, too, because we have to use the toilet paper to dry our hands since we

22 don’t have access to clean towels or paper towels.

23

6. I have multiple underlying health conditions: I suffer from acute asthma,

24 sclerosis, inflamed spinal discs, a caloric deficiency, and pre-diabetes.

25

7. I told the nurse at the Inmate Reception Center (“IRC”) that I have these

26 medical conditions. After waiting 14 hours at the medical facility in IRC to see a doctor,

27 the nurse told me, “You look fine to me,” and had me go back to my cell without any

28 prescriptions and without me seeing a doctor. I was not even given an inhaler. I still

DECLARATION OF VICTOR GUTIERREZ

-1-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 47 of 87 Page ID #:179

1 have not received an inhaler to this day. [[p

2

8. It takes 2-3 weeks to see a doctor after a request is submitted. I submitted a

3 request to see a doctor as soon as I got out of IRC, on March 20th, since the nurse blew

4 me off. It took three weeks to see the doctor. I finally saw a doctor on April 14th.

5

9. When I was finally seen by a doctor in TTCF a week ago, he told me I have

6 hypertension. When I told the doctor that I see my doctor at home regularly and had

7 never had high blood pressure before, he told me that my hypertension was likely caused

8 by the stress of being incarcerated.

9

10. The doctor prescribed a special diet for my hypertension, but did not

10 prescribe the higher calorie diet I need for my metabolic disorder. I have lost fifteen

11 pounds in a week because I need to consume more calories and am not provided enough

12 food at TTCF.

13

11. The doctor also prescribed me a second mattress for my sclerosis and

14 inflamed disc since the mattresses here are as thin as gym mats. I have still not been

15 given a new mattress, though. Instead of prescribing me an inhaler for my asthma, the

16 doctor inexplicably prescribed me Flonase.

17

12. My asthma is exacerbated by cold temperatures, dust, and pollen. TTCF is

18 kept really cold and the yard is full of dust. These conditions have caused me to have

19 two asthma attacks since March 14th, when I was first booked into County—and I still do

20 not have an inhaler. During my asthma attacks, my lungs feel tight and I have trouble

21 breathing. I requested another blanket to keep myself warm to avoid asthma attacks, but

22 a deputy told me inmates are only allowed one blanket and my request was denied.

23

13. Because of the low level of my offense and my good behavior, I am trustee

24 at the jail. I am currently housed in a pod with other trustees and disabled inmates that

25 need ADA accommodations. In my pod, there are 8 trustees and 8 ADA inmates. We

26 all sleep in the same dorm-type setting. In our pod, there are bunk beds for the trustees.

27 The person on the top bunk sleeps only 5 feet above the person on the bottom bunk. The

28 bunk beds are only 2 ½ or 3 feet apart from each other. Our beds are so close together,

DECLARATION OF VICTOR GUTIERREZ

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 48 of 87 Page ID #:180

1 in fact, I can sometimes feel the breath of the trustee sleeping in the lower bunk next to

2 my bunk as I sleep.

3

14. All of the men in my pod eat our meals together at one long table. We are

4 usually so close, we end up bumping elbows.

5

15. My pod gets to go to “yard” one day a week. The yard is a small concrete

6 triangular outdoor area on the seventh floor of TTCF. The yard is only about 50 square

7 feet that is supposed to be enough space for my entire pod of 16 men to go out at the

8 same time. Some men use yard time to shave or give each other haircuts. There is not

9 enough space for us to get any real exercise on the so-called yard.

10

16. No one in my pod has tested positive for COVID-19, but I hear men in my

11 pod coughing all night. If one of us were to catch the virus, the rest of us would not be

12 able to avoid catching it too.

13

17. It is possible that some of us already have COVID-19, but we are not

14 allowed to be tested unless the staff decides. The deputies are the ones that decide

15 whether or not to send someone to medical. In order for someone to be tested for 16 COVID-19, they have to have both a fever and cough. One inmate I know had a fever of

17 103 and he was denied a test because he wasn’t coughing. He wanted to be tested

18 because he said his lungs hurt. If someone doesn’t have both a fever and a cough, they

19 are not quarantined away from the rest of us.

20

18. As a trustee, I work all around the jail, including the public visiting area

21 and floors of the jail where other inmates have tested positive for COVID-19. When 22 trustees are cleaning, we are given a dust mask and a jump suit made out of paper that 23 tears easily.

24

19. Around April 5th or 6th, the trustees doing my kind of job and I were finally

25 given jump suits. Before that date, we had to clean in the jail clothes we have been

26 issued and continue wearing them for up to two weeks.

27

20. Often, there is feces and urine on the floors of cells because a lot of men in

28 here seem to be mentally ill.

DECLARATION OF VICTOR GUTIERREZ

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1

21. On April 9, 2020, I was cleaning an empty cell. My paper suit tore a bit

2 while I was cleaning and the dirty liquid from the cleaning product, feces, and urine I

3 had mopped up seeped through my suit and got into my socks. Before I was able to

4 request new pants and socks, I had to take out the trash, and remove the mattress and the

5 blanket the COVID-19 positive inmate had been using.

6

22. After I was finished cleaning the cell, a deputy told me for the first time

7 that the cell was empty because the person who was there had been taken to medical that

8 morning after testing positive for COVID-19. I could not believe that the deputies did

9 not warn me before I started cleaning that cell and that I was not given more durable

10 protective gear. Since my socks were soaked in liquid from the contaminated cell, I had

11 to request new socks from the staff. It took them 4 hours to get me a new pair of socks.

12 It was almost 8 hours until I got a clean pair of pants.

13

23. I could refuse to work as a trustee, but there are a few privileges I get as a

14 trustee that I would not otherwise get. For example, most inmates are only allowed to

15 shower 2-3 times a week, whereas I can shower every day. Inmates are only given 2

16 items of laundry every week. That means they get like a pair of socks and boxers one

17 week, then a clean shirt and pants the next week. As a trustee, when I walk to other

18 floors of the jail, if I see clean laundry, I’m allowed to take a set for myself. That does

19 not happen very often, though, since there is a shortage of clean laundry in the jail.

20

24. Since we do not get clean laundry very often, we are forced to wash our

21 own clothes with the one small bar of soap we get every week. It makes the soap run out

22 really fast. When I run out of soap, I have to buy some from Commissary. The only way

23 you can make a purchase from Commissary is if you have money on your books. Some

24 guys don’t have any money on their books, so they cannot buy more soap even though

25 we all need it.

26

25. I have not gotten clean sheets or a clean blanket since I was first put into

27 this pod. There is no way to keep our bedding sanitary or to wash off any viruses that

28 may have landed on the bedding. We all get clean towels only once every two weeks.

DECLARATION OF VICTOR GUTIERREZ

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 50 of 87 Page ID #:182

1

26. Since I am a trustee, deputies have also allowed me to take an extra bar of

2 soap once or twice. One deputy told me, “Don’t share that with other inmates.” I feel

3 bad for the others because they need to wash their hands and laundry also. If the other

4 guys don’t stay healthy, none of us will be able to.

5

27. On approximately April 1 or 2, 2020, when I was working in another part

6 of the jail, a deputy saw that an inmate in my pod was showing symptoms of COVID-19.

7 He had a cough, runny nose, and fever. The whole pod got locked down on quarantine

8 but, since I was at work at the time, they allowed me to move to another pod. At the

9 time, I was relieved that I would not have to be quarantined, but the jail’s decision not to

10 quarantine me really didn’t seem well thought out since I had just been in the pod that

11 morning and would have already been exposed to whatever the other inmate had. The

12 jail only kept the pod on quarantine for a week before they lifted the quarantine and

13 allowed me to move back to my pod.

14

28. The quarantines here do not seem effective anyway because deputies and

15 other staff do their walk-throughs in quarantined pods and floors. That means deputies

16 go straight from a quarantined area of the jail, into a non-quarantined area of the cell.

17 The deputies don’t wear hazmat suits when they go into quarantined areas. They don’t

18 even change their masks. There are also gaps underneath the doors that separate

19 quarantined areas from other areas of the jail. Whenever inmates walk past a

20 quarantined area, we are at risk for being exposed to the virus.

21

29. Last week, a male deputy told me that his dad had tested positive for

22 COVID-19 and that he had been with his dad the night before. The deputy came to work

23 that day without a mask on. He interacted with staff and inmates all day.

24

30. I try to physically distance myself from others as much as I can, but

25 whenever I go to yard, sleep, or eat, I am within 3 feet at the most from other people. I

26 am unable to sleep at night when I hear others coughing and sneezing because I am

27 terrified that I will catch whatever the other men in my pod have.

28

31. When I am released, I will be able to socially distance and get the medicine

DECLARATION OF VICTOR GUTIERREZ

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 51 of 87 Page ID #:183

1 I need. My father will pick me up at the jail and I will live with my parents in Palmdale.

2 I will feel safe living with my parents because they have been socially isolating because

3 they work from home. I work as a day trader and I will be able to continue my work

4 remotely.

5

32. Once released from TTCF, I will no longer have to worry about running

6 out of soap if I wash my hands many times a day, I will have the clean laundry I need,

7 and I believe my blood pressure will go back down since I won’t have to live in constant

8 fear of contracting a painful and potentially fatal disease. I will be able to use my

9 inhaler when I need it, see my physical therapist for my inflamed spinal disc, and speak

10 to my nutritionist about my high-calorie diet.

11

12

I declare under penalty of perjury under the laws of the State of California and the

13 United States of America that the foregoing is true and correct. Executed this 16th day of

14 April 2020, in Los Angeles, California.

15

16

17

18

19 20

21

22 23

24

25 26

27

28

DECLARATION OF VICTOR GUTIERREZ

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Ex. 9

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 53 of 87 Page ID #:185

1

DECLARATION OF JESSICA HAVILAND

2 I, Jessica Haviland, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would testify

4 competently thereto:

5

1. I am currently incarcerated at the Century Regional Detention Facility

6 (“CRDF”), in Lynwood, California, awaiting trial. I am 39 years old and have been

7 incarcerated here since December 19, 2019. My bail is set at $50,000.

8

2. I am housed in module 2500 in a cell with a roommate. Immediately before

9 they put me and my roommate together, she had a 101 degree fever. This was on or

10 around March 15, 2020. The cell we are locked up in is about 10 feet by 10 feet and

11 contains one toilet, one sink, a desk, and a 2-tiered bunk bed. There is no possible way to

12 be six feet away from my roommate at any given time. I was moved to this module from

13 2800 on or around April 7, 2020. When I first arrived, my cell in this module was

14 disgusting. We were put on lockdown for almost three days when we were first moved to

15 this cell without any cleaning supplies. We were only given a very small piece of soap. I

16 had to use a dirty sock and this small piece of soap to clean the cell, including what

17 looked like feces on the wall near the bunk beds.

18

3. My cell door opens up onto the dayroom. There are 15 women who sleep in

19 the day room. Instead of spreading out the bunks in the day room, they are all crowded

20 together. Each bunk has three beds, known as coffin bunks. When I open my cell door, it

21 hits one of the bunks where three women sleep, which is to the right of my cell. To the

22 right of that set of bunks is another set of bunks that are only approximately three inches

23 away. Women in the day room are sleeping like this, only three inches away from each

24 other.

25

4. My cell has two air vents in it, one at the top that blows air in, and another at

26 the bottom near the bottom bunk that sucks air out. I am told that all cells in modules

27 similar to mine are like this. These air vents are connected to cells above and below me. I

28 am concerned that if someone on a floor above me who sleeps in a bottom bunk sneezes

DECLARATION OF JESSICA HAVILAND

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 54 of 87 Page ID #:186

1 or coughs, that the disease could be spread through the air vents into my cell. I have

2 asked jail staff about this and they said “do not worry.”

3

5. I am given one hour outside of my cell per day. In this hour I have to

4 shower, I get 15 minutes to clean my cell, and make any phone calls I might need to

5 make.

6

6. Other than the one hour per day we leave our cell, we also leave to pick up

7 our meals. The food is laid out in the day room and women who are incarcerated here

8 serve food to us as we walk down the line holding our trays. The women serving the food

9 are not wearing masks or gloves. There is no protocol to keep people six feet apart in

10 these lines for food.

11

7. I have been told by friends who work in the kitchen that women wear masks

12 as they walk to the kitchen, but then they take their masks off in the kitchen while they

13 are preparing food because it is too hot. When women serve us food they have masks

14 around their face, but they often pull them down so they are just around their neck and

15 not covering their mouth and nose.

16

8. On April 1, 2020, I had a court date. While I was at court, they put me in a

17 cell with six other women who were in street clothes, who had just been arrested. Two of

18 those women were coughing a lot. I never saw those women receive a mask, get their

19 temperature checked, or a test for COVID-19. When I returned back to CRDF that day, I

20 was not given a test for COVID-19 or even a temperature check.

21

9. On April 6, 2020, a sergeant told us that there had been no positive tests at

22 CRDF, but also that they had not tested anyone in the facility. I was again told by a

23 Sergeant on or about April 20, 2020 that they had not tested anyone at CRDF.

24

10. On or about April 10, 2020, I began feeling sick. I was getting terrible

25 headaches, I was coughing, and my throat was incredibly sore. I still have all of these

26 symptoms and they seem to be getting worse. My roommate also has developed these

27 symptoms. The only treatment I have been given for these symptoms is Sudafed, and

28 sometimes it is hard for me to get an afternoon dose from the jail staff.

DECLARATION OF JESSICA HAVILAND

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1

11. In addition to experiencing headaches, coughing, and a sore throat, I have

2 also developed six sores on my head, which developed two weeks ago. I do not know if

3 they are related to COVID-19. They have given me Tylenol and Bactrin for them but I

4 am suffering from intense pain.

5

12. I put in a request to see medical staff as a result of my symptoms. When I

6 was taken to medical, I was in an elevator packed with other women and then placed in a

7 holding cell in medical where I was maybe half a foot away from every other person, at

8 best.

9

13. A nurse took my temperature and it was 99.9 degrees. My body temperature

10 usually runs low, at around 97.1, which I’ve been told is due to my anemia. To me, 99.9

11 degrees indicates a fever. The nurse did no further tests on me. This nurse was not

12 wearing a mask, but she was wearing gloves.

13

14. The nurse gave me Sudafed to take three times a day. She did not give me a

14 mask or gloves. I have to pay $3 every time I fill out a medical grievance form.

15

15. After that, my symptoms worsened. On the morning of April 12, 2020, I put

16 in another request to see medical staff because of the worsening symptoms. I asked the

17 nurse again for a test on April 13 but the nurse said that I did not need to be tested. As of

18 April 20, I have not been tested and they stopped taking my temperature. My symptoms

19 have somewhat alleviated, as I no longer have headaches or a sore through, but I still

20 have a cough.

21

16. I received one mask on April 11, 2020. That was the first mask I received.

22 The mask is made from cloth by women who are incarcerated here. I do not believe I will

23 receive another mask, nor do I believe that they will be laundered. The mask has a slot

24 for a filter in it, but I have not been given a filter. I have not received gloves as these are

25 considered contraband, even now. I am not given hand sanitizer, tissues, paper towels, or

26 napkins. To wipe my hands or mouth I use toilet paper or sanitary napkins.

27

17. When I have asked to be kept six feet apart from other people, I have been

28 yelled at by deputies who say things like “do you want to be on lockdown?”

DECLARATION OF JESSICA HAVILAND

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 56 of 87 Page ID #:188

1

18. When the trustees come around to clean our cells, they only spray the toilet

2 and sink with Citra-Cide. They do not spray the bunk beds, the door handles, the desk, or

3 anything else in our cells. I asked if we could keep Citra-Cide in our cell in order to clean

4 and disinfect ourselves and I was told “no”. I asked for Turbo Kill to clean my cell and

5 was told that we have no Turbo Kill in our module.

6

19. I watch the trustees who clean the day room and they spray Citra-Cide on a

7 rag and then use the same rag to wipe down the tabletops and the phones. They do not

8 wipe down the kiosks, sinks in the day room, vending machines, shower handles, or

9 stairway railings. These are all surfaces that everyone touches on a daily basis. The

10 Citra-Cide they use to clean with is watered down. I used to be a trustee and I remember

11 they would tell us to use one-part Citra-Cide and ten parts water. Looking at the bottles,

12 the solution the trustees are using looks how it used to look when I watered down the

13 Citra-Cide.

14

20. I am given one new “blue suit” per week, even though we are being told to

15 cough into our sleeves. I have not received a new pair of thermals for months. I am

16 supposed to receive one t-shirt per week, but I do not always get a clean one. I am

17 supposed to receive clean sheets once a week, but I have not received clean sheets in

18 three weeks. I am not allowed to wash my clothes or sheets myself.

19

21. I have received no verbal information about the COVID-19 virus from jail

20 staff. My mom tried to mail me information about the virus and the mail was returned to

21 her saying it was “unauthorized material.”

22

22. Up until April 15, 2020, I had not seen any signs with information about

23 COVID-19 posted at the jail. The signs they posted on April 15 tell us to wash our hands

24 for 20 seconds, stay six feet away from each other, to cover our faces, and to use Turbo

25 Kill for cleaning. I still have not seen any videos. The television is turned on once in a

26 while, but they do not turn it on loud enough for me to hear it from my cell. We get one

27 newspaper a day and the trustees receive it first. It is rare that I will get my hands on that

28 newspaper.

DECLARATION OF JESSICA HAVILAND

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 57 of 87 Page ID #:189

1

23. Sheriff’s deputies are telling us not to hoard toilet paper and that we will be

2 thrown in the hole if we have more than two rolls of toilet paper. However, we have been

3 told that hundreds of cases of toilet paper have gone missing and that now deputies are

4 being searched on the way out to make sure they are not smuggling toilet paper out of the

5 jail.

6

24. It is my understanding that deputies are not being required to take

7 temperature checks every day as they enter the jail. Further, I only see about half of the

8 deputies wearing masks on any given day. I have seen deputies who are not wearing

9 masks yelling in the faces of women who are incarcerated here, coming within inches of

10 the women’s faces. I was taken to urgent care on April 17, 2020 for the sores on my head,

11 and when I was transported there by two deputies in the patrol car, neither of them were

12 wearing masks.

13

25. If released from CRDF, I would be able to live in an in-law suite by myself

14 at the bottom of my friend’s house, which is in Sunland-Tujunga in Los Angeles County.

15

26. I am incredibly worried about my family on the outside as my two adult

16 children live with my mother. My mother has a diagnosis of pulmonary arterial

17 hypertension (“PAH”) and has had a fever for the past few days as have my children.

18 I have been told that PAH can be hereditary, and I worry that I have it and that will make

19 me at high risk for contracting COVID-19.

20

21

I declare under penalty of perjury under the laws of the State of California and the

22 United States of America that the foregoing is true and correct. Executed this 19th day of

23 April 2020, in Lynwood, California.

24

25

26

27

Jessica Haviland

28

DECLARATION OF JESSICA HAVILAND

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Ex. 10

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 59 of 87 Page ID #:191

1

DECLARATION OF ALBERT KIRK JONES

2 I, Albert Kirk Jones, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto.

6

2. I am currently incarcerated in Men’s Central Jail (“MCJ”) in Los Angeles,

7 California. I have been incarcerated at MCJ since November 28, 2018, awaiting trial.

8

3. I am a 64-year old Black man and I will be turning 65 in two months. Due to

9 the conditions in the jail, the lack of precautions to prevent the spread of COVID-19 that

10 I have observed from jail staff and deputies, my advanced age and my underlying health

11 conditions (described herein), I live in constant fear that I will contract COVID-19 inside

12 the jail setting.

13

4. I have a history of respiratory illness. Since I was a child, my lungs have

14 been vulnerable to collecting fluid. I have had several bouts of debilitating pneumonia in

15 my lifetime. I am also prone to bronchitis, which I have fallen ill with multiple times in

16 my lifetime, including 2 ½ months ago during my incarceration at MCJ. As a result of

17 those conditions, I have diminished lung capacity, which has manifested in breathing

18 difficulties, including difficulty breathing while I am sleeping at night.

19

5. I need a CPAP machine at night because of obstructions in my airways.

20 Until approximately April 7, 2020, I had a CPAP machine in the jail. It was taken away

21 from me because, I was told, that a CPAP machine spreads COVID-19. I was not given

22 any kind of notice or documentation when my CPAP machine was confiscated.

23

6. Now that my CPAP machine has been confiscated, I experience difficulty

24 sleeping at night. Sometimes, it’s hard for me to breathe without the CPAP machine. I

25 advised medical personnel that I needed the CPAP machine to sleep and breath

26 comfortably at night. They provided me with no other options for me to keep using my

27 CPAP machine in order to address my obstructed breathing at night.

28

7. Because my CPAP machine was taken from me, on April 11th, I awoke

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 60 of 87 Page ID #:192

1 gasping for air while I was napping because I stopped breathing.

2

8. From approximately March 5, 2020 until April 15, 2020, I was housed in the

3 MCJ Medical Unit in a 3-man cell. The layout of the cell included three beds, a toilet and

4 a sink. The beds were each three feet apart. It was impossible for my cell mates and I to

5 maintain 6 feet distance from each other while sleeping, eating or doing any activity that

6 involves sitting or lying down. All meals were delivered to us. We ate near each other,

7 urinated and defecated within a few feet of each other, and were constantly in each

8 other’s space.

9

9. On or around Wednesday April 8, I was told by the guards that they were

10 planning to move me from my medical cell to general population, where I would be

11 staying in a small cell with dozens of other people, any of whom could be carriers of

12 COVID-19. A nurse practitioner, three deputies, one sergeant and one jailer told me that

13 because my CPAP machine was discontinued, I was now “declassified” from medical

14 and needed to be moved to general population. This caused me great anxiety because I

15 am vulnerable to serious illness if I contract COVID-19. I have a history of bronchitis,

16 pneumonia, breathing abnormalities, and a heart condition. I also have not been seen by a

17 doctor who can assess my condition for discharge. I feel that the guards are not following

18 protocol, and placing me in danger of COVID-19 spread. I pleaded with them to let me

19 stay in medical for all of these reasons. They backed off the first time, but tried to move

20 me again on Thursday, April 9. They then tried again on Saturday, April 11, around 8:00

21 am when I was on the phone with my wife. I again pleaded to stay, and the guards gave

22 me a disciplinary for “noncompliance”. The consequences of this disciplinary is no

23 commissary, no visitation, and no vending. The guards informed me that if I continued to

24 refuse to move to general population, I would be placed in solitary where I would loss all

25 my privileges.

26

10. On April 15, I was physically removed from my medical cell by five police

27 officers, one jailer, and one sergeant. They were shouting profanities at me as I pleaded to

28 stay because of my medical conditions and my fear of COVID-19. I experienced an

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 61 of 87 Page ID #:193

1 anxiety attack, chest pains, and difficulty breathing. They had to bring me to Urgent Care,

2 where the nurse told me that my blood pressure was high.

3

11. I am now in general population in 5700. It is a 96-bed dormitory filled

4 almost to capacity with only 10 empty beds. In the few days that I have been here, I have

5 observed no cleaning of the dorm by trustees or a cleaning team. I don’t have access to

6 any disinfectant products. The beds are all extremely close to one another, spaced less

7 than six feet apart. I am afraid of retaliation and harassment by the guards in the medical

8 unit who physically extracted me and placed me in general population.

9

12. Before April 10, 2020, no one in the jail – neither medical staff nor the

10 Sheriff’s deputies – had provided me with protective gear such as masks, hand sanitizer,

11 or gloves. Late on the night of April 9th, after my cellmates and I had already gone to

12 bed, the deputies came into my cell and gave one mask to each person. The deputies did

13 not tell us how to use the masks or give us any information about when we’d be getting

14 any “refills” if we were getting any. Because the mask provided on April 9th is made out

15 of flimsy thin cloth, I continue to use the face mask I was provided when I was

16 discharged from MCJ a few months ago after a bout of pneumonia. This mask is intended

17 for single use only.

18

13. Before that, the only people who had masks were the deputies and some (but

19 not all) trustees. Some nurses wore masks while others did not. Not all of the deputies

20 wore masks, which concerns me as deputies, medical staff and jail staff come in and out

21 of my cell multiple times a day to conduct checks, deliver medications, or to drop off our

22 meals, and they are not always wearing masks. I saw deputies, medical staff and jail staff

23 cough and sneeze inside my medical cell, which I was powerless to do anything about.

24

14. Each person is provided one free tiny bar of soap and one roll of toilet paper

25 once a week. I used up my free bar of soap within days. I have had to buy soap from

26 commissary after that, which takes away from my limited funds for other necessary

27 items.

28

15. In the medical cell, clean clothing was provided to me only on a weekly

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 62 of 87 Page ID #:194

1 basis. As such, I have no access to daily clean laundry. My cellmates and I showered

2 3x/week only. The showers were shared with the entire Medical Unit. There is a yard call

3 once a week 6am-9am, but I don’t go to yard for fear of COVID-19 spread.

4

16. My medical cell was not cleaned regularly. Trustees typically came and

5 cleaned my medical cell about once a week. They were not always wearing masks. The

6 cleaning involved clearing the trash bins; sometimes they will also sweep and/or mop the

7 floor. I don’t know what disinfectant products they use to mop the floor (if any). We

8 don’t know if they’ve mopped the floors of the other cells with the same water. In my

9 time in that medical cell, there was not been a thorough cleaning of every part of my cell.

10 Although we asked for disinfectant products to use inside the cell so that my cellmates

11 and I could disinfect shared surfaces, these were denied to me.

12

17. MCJ also had outbreaks of mumps and measles. Those who had mumps and

13 measles were quarantined for two to three weeks.

14

18. Despite my known respiratory illnesses, MCJ staff, deputies, and medical

15 personnel have not taken any special precautions to prevent the spread of COVID-19 to

16 me. Instead, they moved me to general population where my risk of exposure, severe

17 illness, and death is all but near certain without providing me with any information about

18 COVID-19 or how to prevent its spread.

19

19. Due to the visitor restrictions, I have not seen my wife in nearly four

20 months. I am afraid I will die in jail and never be able to see my wife’s beautiful face

21 again.

22

20. My fears of dying from COVID 19 are reinforced by my experience with

23 medical care within the jail. In my experience, the medical care at MCJ is substandard to

24 the medical care I receive outside of jail, and on at least one previous occasion, was

25 inadequate to address the needs of my complex lung-related medical conditions. Medical

26 staff did not prescribe sufficient inhalers, and as a result, I had to save my inhalers to

27 avoid going into respiratory distress without sufficient medication. My last bout of

28 bronchitis was treated at MCJ about 2 ½ months ago. On or about January 28, 2020, I

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 63 of 87 Page ID #:195

1 became ill inside the jail. I had a cough, fever, and body aches. I knew about COVID-19

2 because I read about it in the newspapers that are circulated at MCJ. At the time, I was

3 housed in a 1-man cell on the 7000 floor. I was transferred to Twin Towers, where I was

4 examined and told that I was being tested for the flu, not COVID-19. I wanted to be

5 tested for COVID-19 because of my symptoms, but no test was provided. I was

6 concerned about not being tested for COVID-19 because of my own health and also

7 because I did not want to transmit the illness to others. I was put in isolation for 5 days

8 and then sent to the Medical ward to a 3-man cell where I was until I was physically

9 extracted and placed in general population. Some days medical staff didn't check on me.

10

21. If released, I will return home to Vista, CA, where I have my wife and six

11 children and twelve grandchildren. I have been a pastor for the last fourteen years at the

12 Eternal Life Apostolic Church in Oceanside, California, and would be returning to a

13 community that supports me. If released, I will be able to see my regular doctor, get back

14 on my CPAP machine, and practice safe social distancing.

15

16

I declare under penalty of perjury under the laws of the State of California and the

17 United States of America that the foregoing is true and correct. Executed this 17th day of

18 April 2020, in Los Angeles, California.

19

20

21

22

23

24

25

26

27

28

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 64 of 87 Page ID #:196
Ex. 11

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 65 of 87 Page ID #:197

1

DECLARATION OF LEANDREW LEWIS

2 I, LeAndrew Lewis, certify under penalty of perjury that the following statement is true

3 and correct pursuant to 28 U.S.C. § 1746.

4

1. My name is LeAndrew Lewis. I am 28 years old and incarcerated in the

5 North County Correctional Facility in Los Angeles County.

6

2. I am diabetic, and I have had high blood pressure for years. I also suffer

7 from bronchitis whenever I get a cold. When that happens, I have trouble breathing

8 unless I use an inhaler.

9

3. I have been incarcerated awaiting trial since November 13, 2019. The

10 reason I am incarcerated is because my family and I are too poor to afford the bail

11 amount in my case.

12

4. I have been trying to defend my innocence, and my attorney and I are ready

13 to go to trial. The trial was scheduled for today, April 13. But I was not taken to court,

14 and when my lawyer went to court in Antelope Valley today the judge said the trial date

15 had been moved to June 11. I am worried they will keep delaying my trial and I will be

16 stuck here. I want to take my case to trial and prove my innocence, but I am terrified I

17 will get infected with the coronavirus while I wait for that in jail.

18

5. It is impossible for me to protect myself from being infected with the

19 coronavirus while in jail. I am currently confined in a dorm along with 60 or so other

20 people, packed too close to keep distance from each other. On or around the week of

21 April 13, 2020, for reasons that were not explained to us, the deputies moved the 30 or so

22 people in my previous dorm, including me, into another dorm that already had about 30

23 other people living there. We are now all housed in a dorm that has about 66 beds. This

24 new dorm is almost filled to capacity. The movement may have been related to the fact

25 that almost all the dorms near me have stickers on the front that say “no movement in or

26 out”, which I think means that that the dorms are in quarantine for COVID-19.

27

6. I sleep on the bottom bunk, below two other inmates. The bunks are

28 separated only by a couple feet from each other. The bunks are so close that if I reach an

DECLARATION OF LEANDREW LEWIS

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1 arm out on either side of the bunk, I can immediately touch the next person. We spend

2 our time within arm’s reach of each other.

3

7. We were provided brown cloth masks on or around April 16, 2020 and told

4 by the deputy to wear it only when leaving the dorm. Deputies have not provided hand

5 sanitizers or masks. People are regularly coughing and sneezing in the dorm within a few

6 feet of me, including the people in the beds that surround me.

7

8. Everyone in the dorm shares showers and urinals. There is no professional

8 cleaning of the shared showers. There is a mop bucket near the showers that has some

9 kind of soap in it, but the showers are not cleaned between uses.

10

9. The jail collects our laundry about once a month or so. Until that happens,

11 we have to keep using the same uniforms, sheets, and the single towel we are given. All

12 these items come in close contact with other people, but I am unable to keep them clean.

13 The last time I received clean laundry was the end of March or so.

14

10. I do not know have much information about coronavirus because the jail has

15 not been telling us much anything. Every day or so, the jail plays recorded video that

16 mentions coronavirus and says there are no positive cases in the facility. It is the same

17 recorded video they keep playing.

18

11. I try to watch out for people who are sick and avoid them best I can. I don’t

19 want to get sick and I am trying to protect myself. But the truth is I’m not able to keep

20 distant from others here in the jail.

21

12. At least three times in the past few weeks, I have seen people who have a

22 cough or cold symptoms in my dorm go out with a medical pass to obtain medical

23 treatment, and then they did not return. They might be infected with coronavirus, but I

24 do not know because no one tells us. They don’t let us know anything.

25 / / /

26 / / /

27 / / /

28

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1

13. If I was released from jail, I could stay with my family. I would stay with

2 my mom, and my sister and other family could pick me up or arrange for someone to do

3 that. If I wasn’t in jail, I would be able to quarantine. But in here, I know I am at risk of

4 getting sick, and I am very afraid.

5 I declare under penalty of perjury under the laws of the State of California and the
6 United States of America that the foregoing is true and correct. Executed this 18th day of
7 April 2020, in Los Angeles, California.
8

9

10

11

LeAndrew Lewis

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

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DECLARATION OF LEANDREW LEWIS

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Ex. 12

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 69 of 87 Page ID #:201

1

DECLARATION OF JEFFREY LIVOTTO

2

3 I, Jeffrey Livotto, certify under penalty of perjury that the following statement is true and

4 correct pursuant to 28 U.S.C. § 1746.

5

1. My name is Jeffrey Livotto. I am 28 years old and I have been incarcerated

6 in Los Angeles County since on or around March 25, 2020. I am currently housed in the

7 North County Correctional Facility. I am serving a 16-month sentence, for which I got 8 half time for a Vehicle Code violation.

9

2. I have also suffered from asthma since I was young, and I have had serious

10 asthma attacks over the years. Whenever I run or do any strenuous activity, the asthma

11 flares and my lungs feel like they are burning. I know asthma can make the coronavirus 12 deadly, and I am very worried about that happening. The jail knows I have asthma, but

13 they have done nothing to protect me from the virus.

14

3. I have been moved between two dorms in the North County Correctional

15 Facility since arriving here almost three weeks ago. Before that I was incarcerated at the

16 Men’s Central Jail, where I was in a four-person cell. I remember the other men in that 17 cell were coughing, and I was not able to keep away from them. Last Thursday I was

18 moved to my current dorm. I have been exposed to a lot of different people due to all 19 these moves, and no one has explained to me why I keep being moved.

20

4. There are over 60 people in my current dorm, with three people to each bunk

21 bed. This is a working dorm, and our work is cooking food for the sheriffs. We are all 22 packed very closely together and unable to distance from each other. Each bunk above is

23 less than a foot or two up from the one beneath, and the beds on either side of me are so 24 close that I bump into them if I reach my arms out while lying down. On or around April

25 14, my dorm was placed in lockdown. The 60 of us were segregated into three different 26 groups and placed in different dormitories right next to each other. The jail quarantined 2

27 out of the 3 groups (mine included), and did not quarantine the third one. While in 28 quarantine, I did not get tested. No one took my temperature. No one asked me if I had

DECLARATION OF JEFFREY LIVOTTO

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 70 of 87 Page ID #:202

1 any symptoms. I also could not get any laundry. The deputies also came into our

2 quarantined dorm to do counts. Some of the deputies pulled their masks below their 3 mouths when they came into our dorm to do the counts. Our dorm is out of quarantine

4 now, but we don’t have any information about the status of COVID-19 in our dorm or at

5 NCCF.

6

5.

I know we were arrested or convicted, but we still have the same health

7 needs as anyone else. We still have rights. It feels like everyone is forgetting about us. 8 It feels like the jail is just waiting for us to get sick and die.

9

6. The jail gave me a mask to wear on or around April 15, but I have not been

10 given gloves or hand sanitizer in the dorms.

11

7. I’m very worried that I’m going to get sick from the coronavirus. I am in

12 extremely close quarters with other people and can’t keep any distance from them, and

13 we don’t have any mask or gloves to protect ourselves. Other people in the dorm are

14 constantly coughing, with no masks on to stop cough droplets from hitting me and others.

15

8. Trustees serve our food from large containers onto individual trays. It wasn’t

16 until recently that they started wearing masks. I see these trustees and other inmates 17 cough on or around the food containers all the time.

18

9. My bed sheets, uniforms, and other clothes have never been washed during

19 my time here. When I moved dorms, I was told to pick up my sheets and bring them or I

20 wouldn’t have sheets at the new dorm. My sheets and clothes are definitely exposed to

21 other people in the jail all the time, but I am unable to get clean new ones.

22

10. There are two showers shared by the entire dorm. I haven’t ever seen

23 anyone clean them. They are really dirty.

24

11. The dorm is also very cold. Others are constantly coughing, and it seems

25 like a lot of people have flu symptoms. This week I’ve heard other inmates with a really 26 dry, heavy cough, like a kennel cough.

27

12. It’s impossible to avoid touching spaces that others have touched or coughed

28 or sneezed on. I try not to touch anything in the showers or other shared spaces, but

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1 basically every space in the dorm is shared. I can’t help but touch the railings on the

2 stairs. I can’t help but touch the phones, which we all share. There is nothing to wipe 3 the phone down with before or after using. I am worried of getting sick from that. I try

4 to wipe the phone down with my uniform, but there is no disinfectant.

5

13. The jail has never given us information about coronavirus and what we

6 should do to protect myself. When I had a medical appointment last week or the week

7 before, I asked about coronavirus and what I should be looking out for. The medical staff 8 and deputies are always very evasive about coronavirus. They pretend like nothing is

9 going on. They get really weird about it when anyone asks. They don’t want to talk 10 about it.

11

14. I was taken to court on March 26 or 27 for a probation hearing. I was

12 transported on the sheriff’s bus along with several other inmates, maybe dozens. None of

13 us had masks, and the person I was cuffed and chained to was coughing a lot. He was

14 sitting next to me on the same seat coughing, and we were chained together unable to 15 keep apart. Others were coughing too, and then people were saying that the people

16 coughing had coronavirus.

17

15. Until early April, deputies did not really seem to be wearing masks. Some of

18 the deputies don’t fully cover their noses and mouths with their masks inside the dorms.

19

16. My grandmother is 82 years old and sick. She’s alone, and I could be taking

20 care of her. I am worried I won’t see her again.

21

17. I am scared. I’ve started having terrifying dreams about the coronavirus,

22 like I’m not going to make it out of here. I am afraid I won’t get out of here alive. I am

23 afraid I’m going to die in here for a Vehicle Code violation, something so petty.

24

18. If I was released, I would stay with my girlfriend. She could pick me up. I

25 could also stay with my mom if needed. If I was released and staying with either of 26 them, I would be able to quarantine and get medical care.

27

19. In March, I was processed through the Inmate Reception Center after being

28 transported on a bus with other arrestees from court. I was unloaded from the bus and

DECLARATION OF JEFFREY LIVOTTO

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 72 of 87 Page ID #:204

1 placed in a cell with about 25 other people. We did not and could not stand six feet apart

2 given the size of the room and the number of people. We stood shoulder to shoulder. We

3 then lined up and went through a scanner. From there, we were told to sit on a bench and

4 go up to a window when our name was called to answer questions asked by the person at

5 the window. I was seated very close to other arrestees, and no effort was made to keep us

6 all six feet apart. We were then provided wristbands, and told to go to a cell where we

7 had to put all of our property in a bag and told we had to shower in a single room with no

8 walls or dividers between each person. We were then told to go to medical to be

9 evaluated. At medical, my temperature, heart rate, and blood pressure were taken. I also

10 had a chest x-ray, which I believe was to check for tuberculosis. They then asked me if I

11 had any mental health conditions. Once this was completed, they took me to temporary

12 housing where I was told to wait for a doctor who would conduct a more thorough

13 medical examination. When I requested to see a doctor after more than 6 hours of

14 waiting, I was brutally thrown to the ground by five guards. My arms and legs were

15 twisted such that I was in a great deal of pain. The guards then proceeded to punch me in

16 the face, and I ended up bleeding. I was told that there was a video camera in the room

17 where this occurred. I can’t believe I was assaulted in this violent way, all because I

18 asked to see a doctor.

19

20. I am afraid to file a grievance because I am concerned that the guards will

20 retaliate against me by moving me out of my dorm. My dorm allows me to accumulate

21 credits that make me eligible for early release. If I am moved from my dorm, I am

22 concerned that I might lose this privilege. There was an inmate who filed a grievance

23 seeking a mask, hand sanitizer, and other means to protect himself against COVID-19,

24 / / /

25 / / /

26 / / /

27

28

DECLARATION OF JEFFREY LIVOTTO

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1 and he was moved to a different dorm. I am afraid that will happen to me, and I don’t

2 want to risk my chances of early release. I want to see my family and my loved ones

3 again as soon as I’m able.

4

5

I declare under penalty of perjury under the laws of the State of California and the

6 United States of America that the foregoing is true and correct. Executed this 22nd day of

7 April 2020, in Los Angeles, California.

8

9

10

Jeffrey Livotto

11

12

13 14

15 16

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20 21

22 23

24 25

26

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DECLARATION OF JEFFREY LIVOTTO

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Ex. 13

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 75 of 87 Page ID #:207

1

DECLARATION OF RANY UONG

2 I, Rany Uong, make this declaration of my own free will. I have personal knowledge

3 of the facts set forth herein and if called as a witness, could and would testify

4 competently thereto:

5 1. I am currently incarcerated in the Century Regional Detention Facility in

6 Lynwood, CA. I have been here since I pled guilty to a nonviolent crime in January

7 2020, and my release date is August 3, 2020.

8 2. I am an inmate trustee assigned to work at the laundry and distribute laundry

9 to inmates.

10 3. I am currently housed in module 2700. There has been no increase in the

11 frequency of the laundry due to the pandemic. We have the same pick up schedule

12 as before the pandemic. In fact, it has been a little slower, because some inmates

13 have already been released. There is one laundry facility on the first floor that serves

14 both floors of both towers.

15 4. Recently, I was transferred to working in the kitchen because I was told all

16 of the workers in the kitchen were placed in quarantine. I believe all of the kitchen

17 workers were quarantined because someone was diagnosed with COVID-19. When

18 we began working in the kitchen, nothing had been cleaned or disinfected after the

19 other workers went into quarantine. We were made to clean the kitchen ourselves

20 before we began working there.

21 5. Several weeks ago, someone was taken out of my dorm when she reported

22 feeling sick to the deputies. They did not let us go to work as inmate trustees for

23 one week after they removed her from the dorm. As inmate trustees, we wear green

24 uniforms and we move between all the modules. That week, we stayed in our

25 module. Later, the deputies told all of us that she had tested negative.

26 6. Currently, there are two modules in the east tower that are under quarantine.

27 I believe they are 3300 and 3400. We are not allowed to take the laundry to the

28 inmates in those modules. We just leave the cart inside the door and then they

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DECLARATION OF RANY UONG

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 76 of 87 Page ID #:208

1 distribute the laundry themselves. 2 7. In our unit, there is no antibacterial soap in the dispenser. In fact, there is not 3 a dispenser like in the other units. We just have a shared bar of soap by the sink. It 4 does not seem very sanitary to all use the same soap bar. 5 8. There is just one bottle of spray for everyone in 2700. I am not sure if it is 6 Citracide or Turbokill. There do not seem to be any consistent rules about cleaning. 7 The phone is not wiped down between users. I have seen other people in my dorm 8 put a sock over the phone in order to use it. 9 9. There is only lukewarm water in the shower and sometimes it is cold. It is 10 random when the shower will be cold. We do have access to the showers every day, 11 but there is not any official cleaning schedule of the showers. Inmates just have to 12 clean the showers themselves. 13 10.There are 20-30 people in the dayroom outside of my cell. The cells open 14 onto the dayroom with just a glass door. Although I am housed in the cell, there are 15 twenty people just outside the door to my cell, and I have to walk very closely past 16 those people whenever I need to go anywhere. It is not possible to stay 6 feet away 17 from the people outside my door. Their beds are spaced very closely together, 18 approximately 1.5 feet apart. 19 11.There are two bunk beds in my cell. It is impossible to socially distance 20 myself from my roommates. 21 12. There is no hand sanitizer or paper towels and we just dry our hands on our 22 clothes. We get one towel per week that we keep in our cells. The inmate trustees 23 doing the laundry are issued thin, blue, rubber gloves to handle the laundry. 24 13. If I were released from here, I would stay at my uncle’s place. I could have 25 my own room and quarantine there. I have stayed there before. 26 14. I miss my family very much. Right now, we are not allowed any family 27 visits. The thing that would lift my spirits the most is at least having video visits 28 with my family. It is really hard being away from them during this emergency.

{H0615990.1}

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DECLARATION OF RANY UONG

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Ex. 14

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 79 of 87 Page ID #:211

1

DECLARATION OF BENITO VENEGAS

2 I, Benito Venegas, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto:

6

2. I am currently incarcerated in Men’s Central Jail (“MCJ”) in Los Angeles,

7 California. I have been incarcerated at MCJ for the last two years, awaiting trial on felony

8 charges.

9

3. I am a 27-year old Hispanic man with asthma and other health conditions

10 that make me vulnerable to COVID-19. When I was 17 years old, I was diagnosed with

11 epilepsy. I have since had seizures on average about twice a month for the last ten years.

12 Last week, I experienced two seizures on the same day. My seizures generally cause me

13 to fall to the ground involuntarily. I have had seizures in the shower, where I fall to the

14 ground involuntarily and scrape myself on the shower floor. The showers are used by

15 over eighty people daily and are not cleaned thoroughly. The shower floor is visibly dirty

16 even after it is cleaned. Since I have been in jail, I have developed irritation on my skin

17 which I believe may be due to contact that I have made with unhygienic surfaces when

18 experiencing seizures.

19

4. I am housed in the “School Dorm” which is an 87-person dorm. We are

20 almost at full capacity; at last count on April 14, I believe there were only four open

21 bunks. The dorm has restrooms, showers, telephone booths, communal tables, a workout

22 area with pullup bars, vending machines and triple bunk beds. The triple bunk beds are

23 less than 3 feet apart from one another. We all usually eat our meals at our bunks or at the

24 communal tables. The prisoners with whom I share this space touch all of the same

25 common surfaces. Since early March, the guards canceled yard time, and since then we

26 have been in our dorm all day. We all leave for our court appearances, medical visits,

27 attorney visits, and other mandatory transports from time to time and come back to the

28 dorm.

DECLARATION OF BENITO VENEGAS

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 80 of 87 Page ID #:212

1

5. It is difficult, if not impossible, to keep six feet of distance with the other

2 prisoners in my dorm. It is a small dorm, filled with more than eighty people, and very

3 crowded. We share all of the common spaces in the cell, including the exercise area

4 consisting of pull-up bars, the showers, the restrooms, and the tables where we sit, each,

5 watch television, and play cards. We also sleep in very close proximity to each other. For

6 instance, there is an older man (I estimate about 80 years old) who sleeps in a bunk right

7 beside my bunk. He is less than six feet away from me. At night, I can hear him coughing

8 loudly.

9

6. We are given our food through a slot in the doorway by trustees, some of

10 whom wear masks but others do not. The ones who wear masks only started to wear them

11 about two weeks ago. The trustees are sometimes conversing with us or with each other

12 when they give us food, and I have personally seen at least one trustee coughing or

13 sneezing when handling the food. We all line up to get food, and in lining up, it is

14 impossible, given the size of the dorm and how many people there are, to stay six feet

15 apart from one another.

16

7. When I see my dorm mates cough in my presence, I typically cover my

17 mouth or my nose with my jail uniform. This has happened a lot in my dorm. I am afraid

18 of retaliation by deputies if I say I need medication or treatment for potential COVID-19

19 symptoms.

20

8. Before April 10, 2020, no one in the jail had given me anything to protect

21 myself against COVID-19. I had not received any masks, hand sanitizer, or gloves. Early

22 in the morning on April 10, deputies came into the dorm, turned on all the lights, and

23 gave one mask to each person. No other information was provided about the masks.

24

9. We do not have soap dispensers or hand sanitizer inside the dorm. We have

25 limited access to gloves; I don’t get any gloves unless it’s an emergency and I ask the

26 guards for them. But the guards have not given all of us gloves.

27

10. Before we were given the masks, the only people who had masks were the

28 deputies and some (but not all) trustees. It concerns me that people outside our dorm

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1 come in and out of the dorm multiple times a day to conduct checks and to drop off our

2 meals, and they are not always wearing masks.

3

11. Each person is provided a free soap once when they enter, but I have used

4 mine up already. I typically buy one through the commissary about once a week.

5

12. About once a week, trustees from a different dorm typically come and

6 “clean” my cell. They are not always wearing masks.

7

13. I have a family outside, and if released, I will have support to help me get

8 the medical care I need.

9

10

I declare under penalty of perjury under the laws of the State of California and the

11 United States of America that the foregoing is true and correct. Executed this 14th day of

12 April 2020, in Los Angeles, California.

13

14

15

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DECLARATION OF BENITO VENEGAS

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Ex. 15

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 83 of 87 Page ID #:215

1

DECLARATION OF DENEAL YOUNG

2 I, DeNeal Young, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto.

6

2. I am currently incarcerated in Men’s Central Jail (“MCJ”) in Los Angeles,

7 California. I have been incarcerated at MCJ since November 26, 2019, awaiting a

8 resentencing hearing. Prior to being transferred to MCJ, I was incarcerated at a state

9 prison in Solano County.

10

3. My resentencing hearing date was scheduled for March 19, 2020 and has

11 now been delayed indefinitely due to COVID-19.

12

4. I am a 49-year old Black man confined in a wheelchair due to blood clots in

13 my legs. I have multiple underlying health conditions. I suffer from severe obesity.

14 Doctors in prison and in MCJ have told me that I have an undiagnosed heart condition. In

15 or around February of this year, the medical staff at MCJ performed an ultrasound in my

16 legs. This coincided with chest pains that I started having in February. On April 7, I

17 received the results of the ultrasound which revealed roughly 45% obstruction of blood

18 flow in one leg and 35% obstruction of blood flow in the other leg. The doctor informed

19 me that this puts me at risk of heart attack, pulmonary embolism, and stroke. Due to the

20 rapid progression of the obstruction, I have lost my ability to walk and am currently in a

21 wheelchair. I was told that I needed to be “sent out” to the county hospital immediately

22 for an emergency surgery. However, the doctor at MCJ has since told me that they cannot

23 send me out and they don’t know when they will be able to send me out due to COVID-

24 19 restrictions. They state, “Everything has to go through Trump.” With each day that

25 passes, I am afraid that if I contract COVID-19 in the jail, my compromised medical

26 condition would put me at a higher risk of complications from the illness.

27

5. I am housed in a 3-man cell in the Medical unit of MCJ. There are three

28 bunks and a toilet. There is roughly one foot between each bed. There is very little

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Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 84 of 87 Page ID #:216

1 privacy or personal space; we use the bathroom in each other’s presence and touch all of

2 the same surfaces. It is impossible for me to keep six feet apart from my cell mates. I get

3 my medications 3x/day when the nurse comes to the door. The nurse is always

4 accompanied by a deputy. They open the door and I walk to the doorway where they

5 hand me my medication. They are always less than 6 feet away. It’s a different deputy all

6 three times a day and a different nurse at least two times a day. I get my food 3x/day

7 when a deputy and a trustee comes to the door. It is a different trustee each time of day

8 and a different deputy each time of day. I also encounter deputies when I go to the

9 shower 3x/week (Sun, Tues, Thurs). I have been to the doctor four times since I have

10 been incarcerated here at MCJ. The deputies bring me to the doctor by walking me down

11 a hallway about 50-feet from my cell. I have to wait in line behind eight people on

12 average. We are all sitting on the bench (and I am next to the bench in my wheelchair). It

13 is not possible to have six feet of distance on the bench. We are usually waiting for about

14 an hour and a half to see the doctor.

15

6. I want to do everything I can to protect myself against COVID-19 but the

16 guards and nurses have not given me adequate protective gear to protect myself against

17 COVID-19. No one had the jail has provided me with any written information about the

18 virus, and I do not see any signs around my cell or at the jail about how to protect myself

19 against contracting it or spreading it if I have it. The only information I get is from

20 reading the newspaper or watching the news on TV.

21

7. On or around March 15, 2020, I was exposed to someone who was coughing

22 aggressively. The person was in front of the nurse’s station, where I was waiting to get

23 my blood pressure taken. A few days later, my throat became scratchy and I also

24 developed a cough. On March 20, my temperature was taken by a nurse. I registered a

25 temperature of 99.5, which is higher than my regular body temperature and considered to

26 be a fever for me. Although I showed symptoms of COVID-19, I was not placed in a

27 separate cell, quarantined, or provided any medication. I was also not given a COVID-19

28 test.

DECLARATION OF DENEAL YOUNG

-2-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 85 of 87 Page ID #:217

1

8. I have not personally heard of anyone in the jail who has been able to get a

2 COVID-19 test despite showing symptoms, but deputies have said to me that “inmates

3 upstairs have COVID-19.”

4

9. Since I have been in the medical unit, I have seen only one thorough

5 cleaning of my cell. Two times a week, trustees from a different dorm will come into my

6 cell and sweep or throw out the trash. I do not observe them using any cleaning products

7 when they clean the cell. Shared surfaces within my cell include our single phone, door,

8 sink, toilet, and walls. I clean the surfaces myself. I have to use my own soap, which I put

9 on a rag to clean the shared surfaces. The jail does not give me any disinfectant supplies

10 to clean these shared surfaces. No one cleans the shared surfaces between uses.

11

10. Each person is provided a small soap bar upon detention, which dissolves

12 quickly after a few uses. I was handed a bar of soap by a deputy when I was first

13 transferred to MCJ; I have never received a second bar of soap from the jail in my five

14 months residing at MCJ. Instead, I have to buy my own soap. To buy a bar of soap, I

15 have to pay upwards of $1.45 for a bar of Irish Spring, $2.11 for a bar of Dove, or $5.05

16 for a bar of Neutrogena, which comes out of my commissary money for food and other

17 necessities.

18

11. I shower three times a week. The showers are shared with the entire module.

19 I have never observed anyone cleaning the shared showers. In fact, when I shower, I am

20 told to clean the shower myself, take out my trash, and wipe down the area that I use. I

21 have never been provided any special cleaning supplies to do this. I usually just take my

22 foot and wipe down the shower area before I can shower. I typically see the following in

23 the shower area that I have to drag out with my foot: clothes left over from a previous

24 shower, debris, trash, dirty diapers, hair, spit, and phlegm. I am in a wheelchair so this is

25 difficult for me to do. The showers are shared so the door, the faucet, the rails, the shower

26 walls are all common surfaces.

27

12. I have observed the deputies try to confiscate my cell mate’s CPAP machine,

28 but he has refused to give it up because he needs it to breathe while sleeping. I have heard

DECLARATION OF DENEAL YOUNG

-3-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 86 of 87 Page ID #:218

1 of other people in the medical ward whose CPAP machines were taken from them

2 because of COVID-19, but who are not told what else they can do about their breathing

3 problems.

4

13. When I wash my hands, I have to use my shirt to wipe my hands. I am not

5 provided any paper towels inside my cell to wipe my hands clean after washing them. I

6 get laundry once every Monday. Most of the time they don’t have my size (5X top, 7X

7 pants).

8

14. On April 9, because news of COVID-19’s rapid spread was causing me to

9 fear for my life, I submitted a grievance form asking for a mask and hand sanitizer. I also

10 requested a release so that I can get the medical care that I need in a timely manner. I

11 explained in the grievance, “This grievance is for me to receive a mask, gloves and hand

12 sanitizer and to be released from custody to go to the hospital to get medical care

13 attention and social distancing living conditions to stop the spread of COVID-19.”

14

15. On April 10, at around 2am in the morning, guards came into my cell and

15 handed each of us a face mask. I was not given any directions about how to wear it or

16 when to wear it, or if we will be getting replacement face masks after we finish using the

17 ones they gave us.

18

16. On April 10, in the daytime, I was visited by a Senior Deputy. I asked him to

19 submit my grievance, and he agreed to do so. He told me that he reviewed my grievance

20 form and that that the deputies would not be giving our hand sanitizer or gloves. He also

21 said that my request to be released was a custody issue and he could not do anything

22 about that.

23

17. Before April 10, I repeatedly asked nurses, deputies and senior deputies for a

24 face mask and was told no. I heard in response, "You are safe because you are in here." I

25 would sometimes receive the response, “We don’t have no face masks.” Jail staff, nurses,

26 trustees and other people physically enter my cell at least five times a day to pass out

27 food, medication, and to perform welfare checks. Before April 10, the only people who

28 had masks are some (but not all) of the deputies, trustees, and nurses. Not all of the

DECLARATION OF DENEAL YOUNG

-4-

Case 2:20-cv-03760-RGK-PLA Document 6-1 Filed 04/24/20 Page 87 of 87 Page ID #:219

1 deputies wear masks. I have seen deputies cough and sneeze near my cell.

2

18. On April 15, I again submitted a grievance form stating my concern on

3 behalf of all prisoners at MCJ. The grievance states, ““This grievance is for myself and

4 all inmates in LA County Jails. The jails fail to maintain conditions necessary to prevent

5 COVID-19 by e.g., ignoring CDC guidance and not providing masks, sanitization

6 supplies, proper cleaning, soap/paper towels, social distancing, testing, and treatment.”

7

19. If released, I will go to my aunt’s house in Paramount, CA. My aunt is

8 willing and able to come pick me up at MCJ. My aunt is a nurse and works at a hospital

9 in Marina Del Rey; hence, she is familiar with local hospitals in the Los Angeles area

10 where I might be able to timely secure the medical help I need. If released, I have many

11 more options than I have within the jail to find a medical provider to treat the blood clots

12 in my legs and perform urgent surgery as needed.

13

20. I am a member of the Youth Justice Coalition.

14

15

I declare under penalty of perjury under the laws of the State of California and the

16 United States of America that the foregoing is true and correct. Executed this 23rd day of

17 April 2020, in Los Angeles, California.

18

19

20

21

DeNeal Young

22

23

24

25

26

27

28

DECLARATION OF DENEAL YOUNG

-5-

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 1 of 30 Page ID #:220

1 Dan Stormer, Esq. [S.B. #101967]

2

Shaleen Shanbhag, Esq. [S.B. #301047] Tanya Sukhija-Cohen, Esq. [S.B. #295589]

3

Theresa Zhen, Esq. [S.B. #300710] HADSELL STORMER RENICK & DAI LLP

4

128 N. Fair Oaks Avenue Pasadena, California 91103

5

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

6

Emails: dstormer@hadsellstormer.com sshanbhag@hadsellstormer.com

7

tanya@hadsellstormer.com tzhen@hadsellstormer.com

8 Barrett S. Litt, Esq. [S.B. #45527]

9

Lindsay B. Battles, Esq. [S.B. #262862] KAYE, MCLANE, BEDNARSKI, & LITT, LLP

10

975 E. Green Street Pasadena, CA 91106

11

Telephone: (626) 844-7660 Facsimile: (626) 844-7670

12

Email: blitt@kmbllaw.com lbattles@kmbllaw.com

13

14 Attorneys for Petitioners/Plaintiffs

15 [Additional Counsel continued on next page]

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18

RODNEY CULLORS, DENEAL YOUNG, JESSICA HAVILAND, RANY UONG,

Case No.: 2:20-cv-03760

19

MARK AVILA, CAROLE DUNHAM, LEANDREW LEWIS, VICTOR

CLASS ACTION

20

GUTIERREZ, JEREMIAH FARMER, on behalf of themselves and all others

DECLARATIONS OF PROPOSED CLASS REPRESENTATIVES IN

21

similarly situated, DIGNITY AND POWER NOW, YOUTH JUSTICE

SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

22 COALITION,

23

Plaintiffs,

24 vs.

25

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF ALEX

26

VILLANUEVA, and DOES 1-10, inclusive,

27

Defendants.

28

DECLARATIONS OF PROPOSED CLASS REPRESENTATIVES ISO PLTF’S MOTION FOR CLASS CERTIFICATION

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 2 of 30 Page ID #:221

1 [Additional Counsel continued from first page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

3

ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St.

Katherine C. Hubbard, Esq. [S.B. #302729]

4

Los Angeles, CA 90017 Telephone: (213) 977-9500

CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800

5 Facsimile: (213) 977-5299

Washington, DC 20009

6 Email: peliasberg@aclu.sc.org

Telephone: (202) 894-6126 Facsimile: (202) 609-8030

7

Email: alec@civilrightscorps.org katherine@civilrightscorps.org

8

9

Catherine Sweetser, SBN 271142 Alicia Virani, SBN 281187

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION

10

Aaron Littman, SBN 330283 UCLA LAW CLINICS

NATIONAL PRISON PROJECT 915 15th St., N.W.

11 385 Charles E. Young Drive East Los Angeles, CA 90095

Washington, D.C. 20005 Telephone: (202) 393-4930

12 (310) 825-9562

Facsimile: (202) 393-4931

13

Email: csweetser@sshhlaw.com virani@law.ucla.edu

Email: ebalaban@aclu.org

14

littman@law.ucla.edu

15 Andrea Woods, Esq.*

16

AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor

17

New York, NY 10004 Telephone: (212) 549-2528

18 Facsimile: (212) 607-3329 Email: awoods@aclu.org

19

20 *pro hac vice applications forthcoming

21

22

23

24

25

26

27

28

DECLARATIONS OF PROPOSED CLASS REPRESENTATIVES ISO PLTF’S MOTION FOR CLASS CERTIFICATION

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 3 of 30 Page ID #:222

1

INDEX OF DECLARATIONS REGARDING

2

CLASS REPRESENTATIVE DUTIES & QUALIFICATIONS

3

4 Exhibit Description

5

A Declaration of Mark Avila, dated April 17, 2020

6

B Declaration of Rodney Cullors, dated April 17, 2020

7

C Declaration of Carole Dunham, dated April 14, 2020

8

D Declaration of Jeremiah Farmer, dated April 17, 2020

9

E Declaration of Victor Gutierrez, dated April 15, 2020

10

F Declaration of Jessica Haviland, dated April 14, 2020

11

G Declaration of LeAndrew Lewis, dated April 18, 2020

12

H Declaration of Rany Uong, dated April 17, 2020

13

I

Declaration of DeNeal Young, dated April 23, 2020

14 Dated: April 24, 2020 15 16 17 18

Respectfully Submitted, HADSELL STORMER RENICK & DAI LLP KAYE, MCLANE, BEDNARSKI & LITT, LLP CIVIL RIGHTS CORPS UCLA LAW CLINICS ACLU OF SOUTHERN CALIFORNIA AMERICAN CIVIL LIBERTIES UNION

19

20

By: /s/ - Barrett S. Litt Barrett S. Litt

21

Lindsay Battles

22

Attorneys for Petitioners/Plaintiffs

23

24

25

26

27

28

DECLARATIONS OF PROPOSED CLASS

1

REPRESENTATIVES ISO PLTF’S MOTION FOR

CLASS CERTIFICATION

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 4 of 30 Page ID #:223
Ex. A

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 5 of 30 Page ID #:224
Declaration of Mark Avila Regarding Class Representative Duties & Qualifications
1. I, Mark Avila, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Men’s Central Jail in Los Angeles, California and have been here since November 4, 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Men’s Central Jail during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 6 of 30 Page ID #:225
means to contact a class representative on very short notice as needs may anse.
8. I understand that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval and must be in the best interests of the class as a whole.
9. I understand and accept the possibility that, in the event the case is lost, the court may assess certain of defendants' costs of litigation against the class representatives.
10. I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit:> and must make every effort to provide class counsel with all relevant facts.
11. I understand that I have a duty to take steps to prosecute the case, which will happen through my lawyers. I know that I have to provide information to my lawyers they feel is necessary, provide documents if required, and testify if necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the court.
I declare under penalty ofpe1jury that the forgoing is true and correct.
Executed on this17_ day of _A_p_ril_20_20_____., m _Lo_ s A_ng_ ele_s, California.

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 7 of 30 Page ID #:226
Ex. B

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 8 of 30 Page ID #:227
Declaration of Rodney Cullors Regarding Class Representative Duties & Qualifications
1. I, Rodney Cullors, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Men’s Central Jail in Los Angeles County and have been here since February 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Men’s Central Jail during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 9 of 30 Page ID #:228

17

April 2020

Los Angeles,

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 10 of 30 Page ID #:229
Ex. C

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 11 of 30 Page ID #:230
Declaration of Carole Dunham Regarding Class Representative Duties & Qualifications
1. I, Carole Dunham, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at the Century Regional Detention Facility in Lynwood, California and have been here since August 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Century Regional Detention Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 12 of 30 Page ID #:231

currellt whereabouts at all times. Itis essential that my attorneys have a
illeans to contact a class representative on very short notice as needs may
arise.

8 I understand that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval and must be in the best interests of the
class as a whole.

9

I understand and accept the possibility that, in the event the case is lost, the

court may assess certain of defendants' costs of litigation against the class

representatives.

10 I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel with all
relevant facts.

l1 I understand that I have a duty to take steps to prosecute the case, which will
happen through my lawyers. I know that I have to provide information to my
lawyers they feel is necessary, provide documents if required, and testify if
necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with
similar claims. I understand that it is important that all beneflt from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the
court.

I decl;u'e under penalty of perjr-rry that the forgoing is true and cot'rect.

Executed on this lYooy nr
California.

";\ 7b'zc) u1

tnlr:"rCJ

(Signature)

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 13 of 30 Page ID #:232
Ex. D

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 14 of 30 Page ID #:233
Declaration of Jeremiah Farmer Regarding Class Representative Duties & Qualifications
1. I, Jeremiah Farmer, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at North County Correctional Facility, awaiting trial since January 9, 2020. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at North County during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 15 of 30 Page ID #:234
means to contact a class representative on very short notice as needs may arise.
8. I understand that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval and must be in the best interests of the class as a whole.
9. I understand and accept the possibility that, in the event the case is lost, the court may assess certain of defendants' costs of litigation against the class representatives.
10. I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel with all relevant facts.
11. I understand that I have a duty to take steps to prosecute the case, which will happen through my lawyers. I know that I have to provide information to my lawyers they feel is necessary, provide documents if required, and testify if necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the court.
ꞏ I declare under penalty of perjury that the forgoing is true and correct.
Executed on this 17th day of April 2020, in Los Angeles, California.
(Signature)

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 16 of 30 Page ID #:235
Ex. E

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 17 of 30 Page ID #:236
Declaration of Victor Gutierrez Regarding Class Representative Duties & Qualifications
1. I, Victor Gutierrez, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Twin Towers Correctional Facility in Los Angeles, California and have been here since March 13, 2020. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Twin Towers Correctional Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 18 of 30 Page ID #:237

means to contact a class representative on very short notice as needs may arise.

8. I understand that any resolution of the lawsuit, such as by settlement or

dismissal, is subject to court approval and must be in the best interests of the ·

class as a whole.

· ·

.·; ,.·,,~' '

9. I understand and accept the possibility that, in the event the case is lost, the :.,~;·

court may assess certain of defendants' costs of litigation against the class

representatives.

10. I understand that a class representative is not required to be particularly

knowledgeable with respect to the subject of the lawsuit. However, the class

representative should be interested, on a continuous basis, in the progress of

the lawsui~ and must make every effort to provide class counsel with all

relevant facts.

·

;1 ·. . ! . .
11. . I understand that I have a duty to take st~ps to prosecute the case, which will

happen through my lawyers. I·know that I have to provide information to my

lawyers they feel is necessary, provide documents·if required, and testify if

necessary at deposition or trial. .,. .. .: ·:.";, . ·· : · · •

,

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I

~

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• 1

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..

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'

1 • ~~ • 1 1 I

1

12. I ~derstand that I am volunteeririg to repr~~~nt many other people with

similar claims. I understand that it is important that all benefit from the

lawsuit equally. Based on what l have been told, a class lawsuit will save . time, money, an~ effort 'f.h~,· a .class.action will benefit all parties, and the

court.

·!\ ·: .·

<\ .-.· · ·.·.. · . , . ":,'>:
': :·: .·

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~· I declare ~der penalty ofperjurythat ~e fo · g is true and correct.

Executed on this 15th day of April, 2 '·in Los Angeles, California.

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 19 of 30 Page ID #:238
Ex. F

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 20 of 30 Page ID #:239
Declaration of Jessica Haviland Regarding Class Representative Duties & Qualifications
1. I, Jessica Haviland, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Century Regional Detention Facility in Lynwood, California and have been here since December 19, 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Century Regional Detention Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 21 of 30 Page ID #:240

current whereabouts at all times. Itis essential that my attorneys have a
means to contact a class representative on very short notice as needs may
arise.

8

I understand that any resolution of the lawsuit, such as by settlement or

dismissal, is subject to court approval and must be in the best interests of the

class as a whole.

9

I understand and accept the possibility that, in the event the case is lost, the

court may assess certain of defendants' costs of litigation against the class

representatives.

10 I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effbrt to provide class counsel with all
relevant facts.

l.1

I understand that I have a duty to take steps to prosecute the case, which will

happen through rny lawyers. I know that I have to provide information to my
lawyers they feel is necessary, provide documents if'required, and testify if

necessary at deposition or trial.

l2 I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit frorn the lawsuit equally. Based on what I have been told, a class lawsuit will save tirne, money, and effort. Thus, a class action will beneflt all parties, and the
court.

I cleclare uuder penalty of perjury that the forgoing is true and cotlect.

l{ Executed on this day o1'
Calilbrnia.

rn

(td) 17 4

,l\ v1'r1

ln t- n ,rn ngi

(Signature

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 22 of 30 Page ID #:241
Ex. G

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 23 of 30 Page ID #:242
Declaration of LeAndrew Lewis Regarding Class Representative Duties & Qualifications
1. I, LeAndrew Lewis, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at North County Correctional Facility in Los Angeles County and have been here since November 13, 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at North County Correctional Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 24 of 30 Page ID #:243
means to contact a class representative on very short notice as needs may anse.
8. I understand that any resolution of the lawsuit., such as by settlement or dismissal, is subject to court approval and must be in the best interests of the class as a whole.
9. I understand and accept the possibility that, in the event the case is lost, the court may assess certain of defendants' costs of litigation against the class representatives.
10. I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel with all relevant facts.
11. I understand that I have a duty to take steps to prosecute the case, which will happen through my lawyers. I know that I have to provide information to my lawyers they feel is necessary, provide documents if required, and testify if necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the court.
I declare under penalty ofperjury that the forgoing is true and correct.
Executed on this18_ day of__A_pri_l 2_02_0 ____, 1n _ Los_A_ nge_le_s California.

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 25 of 30 Page ID #:244
Ex. H

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 26 of 30 Page ID #:245
Declaration of Rany Uong Regarding Class Representative Duties & Qualifications
1. I, Rany Uong, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at the Century Regional Detention Facility and have been here since January 2020. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Century Regional Detention Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 27 of 30 Page ID #:246
current whereabouts at all times. It is essential that my attorneys have a means to contact a class representative on very short notice as needs may anse.
8. I understand that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval and must be in the best interests of the class as a whole.
9. I understand and accept the possibility that, in the event the case is lost, the court may assess certain of defendants' costs of litigation against the class representatives.
10. I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel with all relevant facts.
11. I understand that I have a duty to take steps to prosecute the case, which will happen through my lawyers. I know that I have to provide information to my lawyers they feel is necessary, provide documents if required, and testify if necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the court.

I declare under penalty ofperjury that the forgoing is true and correct.

Executed on this\'.'.] day of__,t'--L'-f'L'n---=-/+-- - - - - - '' m

California.

l::1f

(Signature~~

LVt nwo«/

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 28 of 30 Page ID #:247
Ex. I

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 29 of 30 Page ID #:248
Declaration of DeNeal Young Regarding Class Representative Duties & Qualifications
1. I, DeNeal Young, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Men’s Central Jail in Los Angeles, California and have been here since November 26, 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Men’s Central Jail during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 6-2 Filed 04/24/20 Page 30 of 30 Page ID #:249

23

April 2020

Los Angeles ,

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 1 of 92 Page ID #:250

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4 Shaleen Shanbhag SBN 301047

5

Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Avenue

6 Pasadena, California 91103

7

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

8

9 Barrett S. Litt, SBN 45527 blitt@kmbllaw.com
10 Lindsay Battles, SBN 262862

11 Kaye, McLane, Bednarski & Litt, LLP

12

975 East Green St. Pasadena, California 91106

13 Telephone: (626) 844-7660

14 Facsimile: (626) 844-7670

15

Attorneys for Plaintiffs Other Counsel on Following Page

16

17

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

18 RODNEY CULLORS, DENEAL 19 YOUNG, JESSICA HAVILAND,

Case No. 2:20-cv-03760

20

RANY UONG, MARK AVILA, CAROLE DUNHAM, LEANDREW

DECLARATIONS OF CLASS COUNSEL IN SUPPORT OF

21 LEWIS, VICTOR GUTIERREZ,

MOTION FOR CLASS CERTIFICATION

22

JEREMIAH FARMER, on behalf of themselves and all others similarly

23 situated, DIGNITY AND POWER

24 NOW, YOUTH JUSTICE

25

COALITION, Plaintiffs,

26

vs.

27

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF

28 ALEX VILLANUEVA, and DOES

1-10, inclusive,

Defendants.

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 2 of 92 Page ID #:251

1 [Additional Counsel continued from previous page]

2 Peter J. Eliasberg, Esq. [S.B. #189110]

3 ACLU OF SOUTHERN CALIFORNIA

4

1313 W. 8th St. Los Angeles, CA 90017

5 Telephone: (213) 977-9500

6

Facsimile: (213) 977-5299 Email: peliasberg@aclu.sc.org

7

8

Alec Karakatsanis* Katherine C. Hubbard, Esq. [S.B. #302729] CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009 Telephone: (202) 894-6126 Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org
katherine@civilrightscorps.org

9 Catherine Sweetser, SBN 271142

10

Alicia Virani, SBN 281187 Aaron Littman, SBN 330283

11 UCLA LAW CLINICS

12

385 Charles E. Young Drive East Los Angeles, CA 90095

13 (310) 825-9562

14

Email: csweetser@sshhlaw.com virani@law.ucla.edu

15

littman@law.ucla.edu

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

16 Andrea Woods, Esq.*

17

AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor

18

New York, NY 10004 Telephone: (212) 549-2528

19 Facsimile: (212) 607-3329

20 Email: awoods@aclu.org

21 *pro hac vice applications forthcoming

22

23

24

25

26

27

28

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 3 of 92 Page ID #:252

1

PROOF OF SERVICE

2

I, Katherine Uckert, am employed in the County Los Angeles, State of California;

3 I am over the age of 18 years and not a party to this action. My business address is 975

4 East Green Street, Pasadena, California 91106.

5

On April 24, 2020, I served the foregoing:

6

7

DECLARATIONS OF CLASS COUNSEL IN SUPPORT OF MOTION FOR CLASS CERTIFICATION

8

9 on the interested parties in this action by transmitting a true copy thereof, as follows:

10

SEE ATTACHED SERVICE LIST

11

12

[…] BY U.S. MAIL: By placing it for collection and mailing, in the course of ordinary business practice, enclosed in a sealed envelope, with postage fully prepaid, addressed to

13 all parties of record on the service list.

14 […] BY FEDERAL EXPRESS: I enclosed said document(s) in an envelope provided 15 by FedEx and addressed to all parties of record on the service list. I delivered the 16 envelope or package for collection and overnight delivery to a courier or driver 17 authorized by FedEx to receive documents.

18 [ X ] BY EMAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the

19

document to be sent from the email address kuckert@kmbllaw.com to the persons at the email addresses listed in the accompanying service list. I did not receive, within a

20 reasonable time after the transmission, any electronic message or other indication that

21 the transmission was unsuccessful. *Due to the COVID-19 pandemic, the parties have

22 stipulated to electronic service of the forgoing documents.

23

I declare under penalty of perjury under the laws of the United States of America

24 and the State of California that the foregoing in true and correct.

25

Executed this 24th day of April 2020, at Pasadena, California.

26

27

__________________

28

Katherine Uckert, CP

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 4 of 92 Page ID #:253

1

SERVICE LIST

2

3 ANDREW BAUM - State Bar No. 190397

4 MICHAEL E. GERST - State Bar No. 266514

5

GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP 10250 Constellation Boulevard, 19th Floor

6 Los Angeles, California 90067

7

Telephone: (310) 553-3000 Facsimile: (310) 556-2920

8 Email: abaum@glaserweil.com

9 Attorneys for Defendants, COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFFS
10 DEPARTMENT, SHERIFF ALEX VILLANUEVA

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 5 of 92 Page ID #:254

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4 Shaleen Shanbhag SBN 301047

5

Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Avenue

6 Pasadena, California 91103

7

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

8

9 Barrett S. Litt, SBN 45527 blitt@kmbllaw.com
10 Lindsay Battles, SBN 262862

11 Kaye, McLane, Bednarski & Litt, LLP

12

975 East Green St. Pasadena, California 91106

13 Telephone: (626) 844-7660

14 Facsimile: (626) 844-7670

15 Attorneys for Plaintiffs 16 Other Counsel on Following Page

17

UNITED STATES DISTRICT COURT

18

CENTRAL DISTRICT OF CALIFORNIA

19 Cullors, et al., individually and as 20 class representatives

21

Plaintiffs,

22 23 vs.

Case No. 20-cv-3760 DECLARATION OF DAN STORMER IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

24 COUNTY OF LOS ANGELES,

25

SHERIFF ALEX M VILLANUEVA, in his official capacity, et al,

26

27

Defendants.

28

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 6 of 92 Page ID #:255

1 [Additional Counsel continued from previous page]

2

3

Peter J. Eliasberg, Esq. [S.B. #189110] ACLU OF SOUTHERN CALIFORNIA

4 1313 W. 8th St.

5 Los Angeles, CA 90017

6

Telephone: (213) 977-9500 Facsimile: (213) 977-5299

7 Email: peliasberg@aclu.sc.org

8

9

Alec Karakatsanis* Katherine C. Hubbard, Esq. [S.B. #302729] CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009 Telephone: (202) 894-6126 Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org
katherine@civilrightscorps.org

10 Catherine Sweetser, SBN 271142
11 Alicia Virani, SBN 281187

12 Aaron Littman, SBN 330283

13

UCLA LAW CLINICS 385 Charles E. Young Drive East

14 Los Angeles, CA 90095

15

(310) 825-9562 Email: csweetser@sshhlaw.com

16

virani@law.ucla.edu

17

littman@law.ucla.edu

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

18 Andrea Woods, Esq.*

19 AMERICAN CIVIL LIBERTIES UNION

20

125 Broad Street, 18th Floor New York, NY 10004

21 Telephone: (212) 549-2528

22 Facsimile: (212) 607-3329 Email: awoods@aclu.org
23

24 *pro hac vice applications forthcoming

25

26

27

28

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 7 of 92 Page ID #:256

1

DECLARATION OF DAN STORMER

2

I, DAN STORMER, declare and state as follows:

3

BACKGROUND

4 1. I am an attorney licensed to practice law by the State of California. I have personal

5 knowledge of the facts contained in this declaration and if called to testify, could and

6 would competently testify thereto.

7 2. I submit this declaration in support of Plaintiffs request to appoint myself and three

8 attorneys from my firm, Tanya Sukhija-Cohen, Theresa Zhen, and Shaleen Shanbhag, as

9 class counsel in this case. Ms. Sukhija-Cohen, Ms. Zhen and Ms. Shanbhag have

10 extensive experience in the area of civil rights and human rights, including excessive

11 force and wrongful convictions. Attached hereto as Exhibits 1 and 2 are the resumes of

12 Ms. Sukhija-Cohen and Ms. Zhen, which further detail their outstanding professional and

13 academic credentials and qualifications to be appointed as class counsel.

14 3. We also seek appointment of our co-counsel, who include several of the nation’s

15 foremost experts in class action litigation challenging injustice in the criminal justice

16 system. Plaintiffs request for appointment of class counsel also includes: Kaye, McLane,

17 Bednarski & Litt (Barrett Litt and Lindsay Battles); Civil Rights Corps (Katherine

18 Hubbard and Alec Karakatsanis); UCLA Law School Clinic professors Catherine

19 Sweetser, Alicia Virani and Aaron Littman; American Civil Liberties Union (Eric

20 Balaban and Andrea Woods); and the ACLU of Southern California (Peter Eliasberg).

21 4. I am a partner of the law firm of Hadsell Stormer Richardson & Renick, LLC

22 which practices primarily in the area of constitutional, civil rights, International Human

23 Rights, and public interest law. I have been in the practice of law for thirty-nine years

24 and a member of the State Bar of California since 1981, an inactive member of the State

25 Bar of Colorado (1974), and former member of the State Bar of Washington (1977).

26 5. I am “AV Preeminent” rated by Martindale-Hubbell. I have been listed in “The

27 Best Lawyers In America” since 1994. Also, as a result of surveys of attorneys by the

28 Daily Journal, I have been repeatedly listed as one of the “Top 100 Most Influential

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 8 of 92 Page ID #:257
1 Lawyers in California” (Cal. Law Business), as well as the Top 75 Labor and 2 Employment Lawyers. I have been repeatedly selected as a SUPER LAWYER by Los 3 Angeles Magazine and Law & Politics Magazine. In the same surveys, I was also 4 selected as one of the top 10 lawyers in the Los Angeles area. I have been listed since 5 1999 in “Guide to the World’s Leading Labour and Employment Lawyers.” Each of the 6 partners in our firm was also selected as a SUPER LAWYER. I have been named as a 7 Fellow of the College by the Governors of The College of Labor and Employment 8 Lawyers. I have been rated as one of the top ten employment lawyers in this state. I have 9 also been listed as one of the top five plaintiff employment lawyers in California 10 (Chambers USA–America’s Leading Business Lawyers, 2003-2004). Our firm is also 11 listed in the same study as being one of the top four firms in the state. 12 6. Attached as Exhibit A is the listing of awards I have received. 13 7. I have co-authored three law review articles: Stormer and Bernstein, The Impact 14 of Kolender v. Lawson on Law Enforcement and Minority Groups, 12 Hastings 15 Constitutional Law Quarterly, 105 (1984); Stormer and Ferber, Legal Responses to 16 Unconstitutional Termination of Disability Benefits, 22 Idaho Law Review 201 (198517 1986); Stormer and Richardson, The Graying of America: Age Discrimination in the 18 Nineties, 26 West Los Angeles Law Review 189 (1995). I previously wrote a monthly 19 column for the Matthew Bender-California Labor and Employment Bulletin. I have 20 contributed to literally dozens of other publications, including a chapter in the James 21 Publications Book: Sexual Harassment. 22 8. During the past 45 years, I have taught at over 300 legal programs and seminars as 23 well as having been a keynote and graduation speaker. I have taught at Hastings College 24 of Law (Trial Advocacy, Pre-Trial Criminal Procedure), Loyola College of Law 25 (Prisoners’ Rights), San Fernando Valley College of Law (Trial Advocacy), and at 26 Southwestern University College of Law (Political Trials). I have also taught trial 27 advocacy for the National Institute of Trial Advocacy, Hastings College of Trial 28 Advocacy, and California Institute of Trial advocacy. I have lectured extensively on
3

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 9 of 92 Page ID #:258
1 Civil Rights and Harassment to students, bar groups, CEB organizations and community 2 groups. 3 9. I have been the subject of numerous Daily Journal profiles, including May 2005, 4 August 14, 1989, and December 1985, and numerous Top 100 Lawyer profiles and Top 5 Labor and Employment profiles, one profile in the Los Angeles Lawyer (December 6 1984), one in the California Lawyer (December 1988) and one in the Legal Exchange 7 (May 1990) and in California Law Business (November 1993) as well as the Pasadena 8 Star News (April 20, 2005). I have repeatedly been listed as one of the top employment 9 lawyers in California as the result of Daily Journal surveys. I was also profiled in the 10 Wagner alumni journal (Fall 2008). Additionally, I was profiled in the Santa Monica 11 Community College semi-annual publication “Voices on Higher Education” in 1998. 12 10. I have been acknowledged internationally as one of the leading civil rights, 13 employment, plaintiff-side labor and constitutional law attorneys, as recognized in “The 14 Best Lawyers in America,” Euromoney Publications’ “Guide to the Worlds’ Leading 15 Labour and Employment Lawyers,” “America’s Registry of Outstanding Professionals,” 16 as well as the National and International “Who’s Who of Professionals.” 17 11. As noted above, I am often asked to speak to legal groups on various issues 18 concerning civil rights and trials. I have been a law school commencement address 19 speaker. I have spoken and/or delivered papers in over 250 seminars. For instance, I 20 have spoken to the Los Angeles Trial Lawyers Association on the issue of how to try an 21 employment discrimination case; the Los Angeles County Labor Law Section held a 22 seminar on “The Care and Feeding of Juries” in which I was a primary speaker; the 23 California Employment Law Council presented a program on mediation in which I was 24 one of three speakers; the Trial Lawyers Association presents each year a “Masters 25 Series” involving, as they describe it, “prominent successful attorneys,” and I was one of 26 those persons selected to present a closing argument. I have been the key-note speaker at 27 the annual California State Bar Labor and Employment law symposium. I have been the 28 commencement speaker at the graduation for The Thomas Jefferson School of Law. I
4

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1 have also spoken at seminars on civil rights trials presented by MALDEF, ACLU, 2 Consumer Attorneys of California, Consumer Attorneys Association of Los Angeles, 3 Florida Trial Lawyers, Western Trial Lawyers Association, National Employment 4 Lawyers Association, Los Angeles County Bar, California State Bar, National Lawyers 5 Guild, California Trial Lawyers Association, American Trial Lawyers Association, 6 Association of Business Trial Lawyers, The National Institute of Trial Advocacy and 7 many others. These seminars are only some of the engagements at which I have spoken. 8 I have also spoken at several ABA conventions and at literally hundreds of trial practice 9 workshops and other legal educational seminars. 10 12. I have received a number of awards: Religious Liberty Award by the ACLU in 11 2012; Certificate of Special Congressional Recognition by Congressman Howard L. 12 Berman in 2012; LGBT Award by the ACLU Foundation of Southern California in 2007; 13 The Honorable Robert W. Kenny Award by the Los Angeles Chapter of the National 14 Lawyers Guild in 2005; Los Angeles Regional Social Justice Award by Occidental 15 College - Urban & Environmental Policy Institute; Certificate of Recognition for Human 16 Rights Legal Representation by the California State Assembly; Joseph Posner Award by 17 the California Employment Lawyer’s Association; Certificate of Recognition for Fighting 18 Discrimination by the California State Assembly Resolution; The Los Angeles Office of 19 the City Attorney’s Commendation for outstanding contribution to the citizens of Los 20 Angeles in 1995; the California Lieutenant Governor’s Commendation for longstanding 21 commitment to ensure equal justice and for service to the community in 1995; the Pursuit 22 of Justice Award by the California Women’s Law Center in 1995, the California 23 Assembly Resolution honoring me for my commitment to civil rights, constitutional law 24 and public interest law in 1995; the Clarence Darrow Award by People’s College of Law 25 in 1991; the Hollywood Fair Housing Council Award in 1989; the Pro Bono Firm of the 26 Year by Public Counsel Law Center in 1987; and the Pro Bono Service Award given to 27 me by the Legal Aid Foundation of Los Angeles in 1986. 28
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1 13. I have tried many cases to juries. On a number of occasions I have achieved 2 results of a million or more, examples are Martin v. Texaco (20 million), Schell v. Parks 3 (4.31 million), Zinzun v. City of Los Angeles (3.84 million), Ruiz v. Jackson (1.6 4 million), Wysinger v. The Automobile Club of Southern California (1.3 million), and 5 Bonsangue v. ADP (slightly over 1 million). I have been co-counsel or lead counsel in 6 several dozen cases which have settled for seven or eight figures (no decimals included). 7 14. I have served as lead counsel or co-counsel in a number of class actions with 8 published opinions including: McLaughlin v. County of Riverside, 500 U.S. 44 (1991) 9 (class representing inmates of Riverside and San Bernardino County jail, including oral 10 argument before the U.S. Supreme Court); Del Monte v. Wilson, 1 Cal.4th 1009 (1992) 11 (a class representing disabled veterans); Leeds v. Watson, 630 F.2d 674 (9th Cir. 1980) 12 (class consisted of county jail inmates); Benson v. The County of Orange, 788 F.Supp 13 1123 (C.D.Cal. 1992) (class represented all Orange County jail inmates); Lopez v. 14 Heckler, 572 F.supp. 26 (C.D. Cal. 1983) (class included Social Security beneficiaries 15 residing in the Ninth Circuit whose benefits were terminated based on a finding that they 16 were not adequately impaired.); Pierce v. County of Orange, 526 F.3d 1190 (9th Cir. 17 2008) (class of disabled inmates, ongoing injunction and court monitoring). 18 15. I have also been class counsel in a number of other class actions including: 19 Rodriguez v. City of Los Angeles, CV11-01135 DMG (JEMx) (class of persons subject 20 to illegal restrictions in a purported “gang injunction”); Morales v. Aramark Corporation, 21 CV09-5565 CBM (MLGx) (class of employees denied meal and rest breaks under 22 California law); Paige v. State of California, CV 94-0083 CBM (Ctx) (class of State 23 troopers denied promotions based on race; and Cundiff v. Verizon, BC 237806 (class of 24 consumers suing Verizon (formerly GTE California, Inc.) for unfair business practices) 25 (See also 167 Cal.App.4th 718 (2008) and 101 Cal.App.4th (2002)). 26 16. I have argued a number of cases resulting in published opinions including: 27 United States Supreme Court: 28
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1 17. In National Aeronautics and Space Administration (NASA) v. Nelson, 131 S. Ct. 2 1755 (2010), I co-counseled for respondent scientists, engineers, and administrative 3 personnel contract employees working for California Institute of Technology (Caltech) at 4 the Jet Propulsion Laboratory (JPL). We urged the Supreme Court to hold that NASA’s 5 background investigation into confidential medical treatment or counseling for drug use 6 and adverse information including private sexual matters of low-risk, long-time 7 employees, violated the employees’ Constitutional right to informational privacy. 8 18. In County of Riverside v. McLaughlin, 111 S.Ct. 1661 (1991), I argued before the 9 Supreme Court that the County of Riverside’s practice of exceeding a 48-hour period in 10 making probable cause determinations of arrested individuals was unconstitutional. The 11 Supreme Court held that the County of Riverside was not immune from systemic 12 challenges such as this class action. 13 19. In the matter of Wayte v. United States, 105 S.Ct. 1524 (1985), I was co-counsel 14 for David Wayte. We urged the Supreme Court to hold the Government’s passive 15 enforcement system for Selective Service nonregistrants and its policy to persuade 16 nonregistrants to change their minds violated the First and Fifth Amendment. 17 20. I filed an amicus brief in Heckler v. Campbell, 103 S.Ct. 1952 (1983), urging the 18 Supreme Court to affirm the decision of the Court of Appeals which held the Secretary of 19 Health and Human Services’ guidelines setting forth rules to determine whether a job 20 existed for a disability benefits claimant did not provide adequate evidence of specific 21 alternative jobs that respondent could perform. 22 21. In Kolender v. Lawson, 103 S.Ct. 1855 (1983), I filed an amicus brief urging the 23 Supreme Court to affirm the decision of the Court of Appeals, which held that a 24 California statute requiring persons who loiter or wander on the streets to identify 25 themselves when requested by a peace officer was constitutionally vague on its face 26 because it encouraged arbitrary enforcement. 27 22. In Youngberg v. Romeo, 102 S.Ct. 2452 (1982), I filed an amicus brief on behalf 28 of Mental Health Advocacy Services et al. urging the Supreme Court to protect
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1 respondent’s constitutional right to safe conditions of confinement and freedom from 2 unreasonable bodily restraints. 3 23. In Cabell v. Chavez-Salido, 102 S.Ct. 735 (1982), I was co-counsel on appellees’ 4 brief arguing that a California statute that required probation officers to be United States 5 citizens was unconstitutional. 6 Federal Courts of Appeal: 7 24. In Obaydullah v. Obama, 609 F.3d 444 (2010), I was co-counsel for a Guantanamo 8 Bay inmate. We successfully obtained a trial in his petition for writ of habeas corpus. 9 25. In Doe v. Wal-Mart Stores, Inc., 572 F.3d 677 (9th Cir. 2009), I was co-counsel for 10 workers in defendant’s suppliers’ garment factories in China, Bangladesh, Indonesia, 11 Swaziland, and Nicaragua, as well as in California. We argued that defendant was 12 negligent in undertaking and retaining control of contracts with its suppliers, and 13 breached these supply contracts by failing to adequately monitor suppliers’ factories to 14 ensure compliance with basic labor standards that suppliers were required to meet. 15 Moreover, we argued that defendant imposed difficult time and price requirements on 16 suppliers to force suppliers to violate the standards. We argued defendant’s breach 17 resulted in harm to plaintiffs, who were third party beneficiaries to the contract, including 18 lost pay and benefits for California workers due to unfair competitive disadvantage, and 19 various poor working conditions for foreign workers, including excessive hours or days 20 of work, withheld pay, confiscation of withheld pay, overtime without pay, less than 21 minimum-wage pay, denial of overtime pay, less than required rest periods, lack of safety 22 equipment, denial of maternity benefits, discrimination because of union activities, and 23 physical abuse. 24 26. In the United States Court of Appeals for the Ninth Circuit in the matter of Boyd v. 25 City of Hermosa Beach, 321 Fed. Appx. 584 (9th Cir. 2009), I was co-counsel for 26 citizens subjected to police force while exercising their First Amendment rights. We 27 successfully urged the court to uphold the lower courts denial of qualified immunity to 28 one defendant sergeant for his unlawful and excessive use of force against one plaintiff
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1 picketer when he pushed her twice though she was not committing any dangerous crime, 2 did not pose any threat to the officer, was not resisting arrest, and was not attempting to 3 flee. 4 27. In the United States Court of Appeals for the Ninth Circuit in the matter of Nelson 5 v. NASA, 530 F.3d 865 (9th Cir. 2008), we were counsel for JPL employees in non6 sensitive “low risk” positions who were subjected to defendant NASA’s extensive and 7 unlawful background investigation of appellants. We successfully argued that 8 questionnaires that asked low risk contract employees to disclose information considering 9 financial integrity, abuse of alcohol and/or drug abuse, any treatment or counseling 10 received for drug abuse, mental or emotional stability, and to sign an open-ended waiver 11 authorizing the government to collect “any information …from schools, residential 12 management agents, employers, criminal justice agencies, retail business establishments, 13 or other sources of information” “includ[ing], but ... not limited to ... academic, 14 residential, performance, attendance, disciplinary, employment history, and criminal 15 history record information” implicated a constitutional right to informational privacy, and 16 the government failed to demonstrate the questions were narrowly tailored to meet 17 legitimate government interests. I also successfully moved for denial of rehearing en 18 banc. See Nelson v. NASA, 568 F.3d 1028, 1029 (9th Cir. 2009). 19 28. In Nelson v. NASA, 512 F.3d 1134 (9th Cir. 2008), we successfully challenged the 20 denial of a preliminary injunction against the defendant NASA’s new policy that any new 21 worker who failed to submit a questionnaire would be summarily terminated, as NASA 22 had not demonstrated any specific harm that it would face if it was enjoined during the 23 action from applying its broad investigation to “low risk” contract employees, many of 24 whom had worked at the laboratory for decades. I also successfully challenged the denial 25 of a preliminary injunction against defendant Caltech’s similar termination policy that 26 punished noncompliant JPL employees who failed to obtain federal identification badges, 27 only attainable after submitting to similar over-broad questioning, as this policy created a 28
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1 coercive environment in which plaintiffs would have to choose between their jobs or their 2 constitutional rights. 3 29. I was co-counsel in Paige v. California, 233 Fed. Appx. 646 (9th Cir. 2007), where 4 we represented a minority employee and similarly situated minority employees in the 5 California Highway Patrol (CHP). Using statistical evidence of disparate treatment to 6 support a claim that plaintiffs were excluded for promotions under Title VII through the 7 to use of CHP promotional examinations for a particular period of time, I successfully 8 urged the court to find error in the district court’s rejection as insignificant any of the 9 statistical results we offered on behalf of our clients showing a disparity of greater than 10 1.96 standard deviations. The court rejected the district courts use of a threshold higher 11 than 1.96 standard deviation as a result of our work. 12 30. In Merritt v. Am. Stores Co., 154 Fed. Appx. 637 (9th Cir. 2005), I was co-counsel 13 for employees who sued defendant Lucky Stores for hostile work environment. We 14 successfully appealed the district courts motion for summary judgment against our clients 15 due to their erroneous finding that the incidents alleged were not serious enough to 16 overlook their infrequency and not severe enough to change the conditions of 17 employment. In fact, we presented evidence sufficient to reverse the district courts 18 finding and remand for further consideration. 19 31. As co-counsel for a flight attendant with a disability in Salisbury v. Delta Air 20 Lines, Inc., 126 Fed. Appx. 368 (9th Cir. 2005), we argued defendant employer failed to 21 reasonably accommodate plaintiff’s disability, discriminated against due to her disability, 22 subjected her to adverse employment action when it demoted her from flight attendant to 23 a clerical position, and failed to engage plaintiff in a good faith interactive process to 24 reasonably accommodate her as required by California’s Fair Employment and Housing 25 Act. 26 32. In the case of John Doe v. Unocal Corp., 2002 U.S. App. LEXIS 19263, at *1 (9th 27 Cir. Dec. 3, 2001), I was co-counsel for plaintiffs who were workers from Myanmar, 28 formerly Burma. We argued that the Myanmar government, in joint venture with
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1 UNOCAL Corp. and other entities had perpetrated numerous human rights violations 2 including forced labor, physical violence, and forced relocation. The Ninth Circuit held 3 that there was sufficient evidence to preclude summary judgment on whether the 4 defendants aided and abetted the Myanmar military in subjecting the workers to forced 5 labor, murder, and rape. The case was remanded to the district court. 6 33. Standing Committee on Discipline of U.S. Dist. Court for Cent. Dist. of California 7 v. Yagman, 55 F.3d 1430 (9th Cir. 1995), I filed an amicus brief in support of an attorney 8 against whom disciplinary proceedings were brought for exercising his First Amendment 9 rights by making statements criticizing a judge. 10 34. In the United States Court of Appeals for the Ninth Circuit in the matter of 11 American- Arab Anti-Discrimination Committee v. Reno, 70 F.3d 1045 (9th Cir. 1995), I 12 was co-counsel for appellants who claimed that the Immigration and Naturalization 13 Service had selectively enforced immigration laws in violation of appellants’ First 14 Amendment rights. The Court of Appeals for the Ninth Circuit affirmed the United 15 States District Court for the Central District in California’s decision to grant a 16 preliminary injunction against the INS in the proceedings to deport six of the plaintiffs, 17 and vacated the decision that the District Court lacked jurisdiction to consider the 18 selective enforcement claim of the two remaining plaintiffs. 19 35. In Stewart v. Gates, 987 F.2d 1450 (9th Cir. 1993), I argued the district court’s 20 award of attorneys’ fees in an underlying civil rights litigation concerning prison 21 conditions in Orange County, California should not be reversed because the fees were 22 “reasonable” in light of the Kerr factors – novelty or difficulty of the case, the preclusion 23 of other employment, time limitations, the amount at stake, the results attained and the 24 undesirability of the case – and a fee enhancement was necessary to the determination of 25 a reasonable fee. 26 36. In McLaughlin v. County of Riverside, 888 F.2d 1276 (9th Cir. 1989), I 27 successfully argued before the Ninth Circuit Court of Appeals on behalf of a claim of 28
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1 detainees seeking to enjoin the County of Riverside’s practice of exceeding a 48-hour 2 period while making probable cause determinations of arrested individuals. 3 37. In Martinez v. Winner, 771 F.2d 424 (10th Cir. 1985), I participated in Appellant’s 4 brief claiming that defendants deprived plaintiff of his civil and constitutional rights and 5 conspired to get plaintiff into prison on unsubstantiated criminal charges. 6 38. In the matter of Morales-Alvarado v. INS, 655 F.2d 172 (9th Cir. 1981), I was 7 counsel for petitioner and argued that the Board of Immigration Appeals improperly 8 considered petitioner’s criminal conviction in exercising its decision to deny petitioner’s 9 application for voluntary departure. 10 39. In Leeds v. Watson, 630 F.2d 674 (9th Cir. 1980), I successfully argued for 11 appellants before the Ninth Circuit Court of Appeals that conditions in the Kootenai 12 County Jail (Idaho) were not fit for the confinement of prisoners. 13 40. I was counsel in Hooker v. United States Department of Health and Human 14 Services, 858 F.2d 525 (9th Cir. 1988), and argued that plaintiff’s husband’s disability 15 benefits had been wrongfully terminated in a manner which should allow Tort liability. 16 Federal District Courts: 17 41. In Pierce v. County of Orange, —F. Supp.2d—, 2011 WL 68843 (C.D. Cal.), I was 18 co-counsel in a class action representing pretrial detainees in the county jail. We 19 successfully argued that physical barriers to accessibility of jail facilities and certain 20 categories of programs, services, and activities which were not available to the mobility21 impaired and dexterity-impaired sub-class of detainees, violated the Americans with 22 Disabilities Act (ADA). 23 42. . In Rosenstock v. L.A. Unified Sch. Dist., 2009 U.S. Dist. LEXIS 108187 (C.D. 24 Cal. 2009), I was counsel for an employee of Millikan Middle School under the Los 25 Angeles Unified School District and successfully presented evidence sufficient to 26 withstand summary judgment of plaintiff’s hostile work environment, sexual harassment, 27 and retaliation claims, and defeated the defendant’s argument that plaintiff failed to 28 exhaust her administrative remedies because she only alleged “harassment” in her
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1 DFEH/EEOC charge. In addition to arguing that my client was subjected to unwelcome 2 sexual advances by her supervisor both inside and outside the workplace that were 3 “sufficiently work-related”, which constituted sexual harassment within the meaning of 4 the Title VII, I also successfully argued that the test to determine whether a plaintiff 5 exhausted administrative remedies is whether the discriminatory acts in the lawsuit are 6 likely or reasonably related to the allegations in the administrative charge, rather than 7 simply observing which box was checked off on behalf of the plaintiff in the 8 DFEH/EEOC forms, as defendants argued. 9 43. Bardzik v. County of Orange, 605 F. Supp. 2d 1076 (C.D. Cal. 2009), I was 10 counsel for a lieutenant who, in retaliation for the exercise of his first amendment rights 11 in supporting the political challenger of Sheriff Corona, the County of Orange County 12 and the Orange County Sheriff Department rescinded a promised promotion, denied pay 13 raises, prevented further promotion, transferred the lieutenant to a less prestigious 14 position, and fabricated wrongdoing by the lieutenant, which resulted in an internal 15 investigation. I argued that the lieutenant’s duties and role were not that of a policy16 making position where political affiliation was a reasonably appropriate requirement for 17 the job, and even if they were, the retaliation against him exceeded the scope of the 18 policymaker exception; that defendants engaged in unnecessary harassment against the 19 lieutenant, that the retaliation was motivated to further a scheme of corrupt activities, and 20 that the lieutenant’s claims were not barred by qualified immunity. The court denied the 21 defendant’s motion for summary judgment on my client’s First Amendment claim. 22 44. In Wang v. Chinese Daily News, Inc., 2008 U.S. Dist. LEXIS 82538 (C.D. Cal. 23 2008), I was co-counsel for a class consisting of former and current employees of a 24 newspaper based in Los Angeles which was found by a jury to have violated the Fair 25 Labor Standards Act (FLSA), the California Business and Professions Code, and sections 26 of the California Labor Code. We successfully argued the newspaper failed to give 27 plaintiffs meal and rest breaks, to pay overtime, and to pay for vacations, resulting in a 28 jury verdict in favor of plaintiffs on all causes of action and an award of over $5.2 million
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1 in employment law and wage and hour damages, which was upheld by the United States 2 District Court for the Central District of California. 3 45. In Nguon v. Wolf, 517 F. Supp. 2d 1177 (C.D. Cal. 2007), I was co-counsel for a 4 female high school student who was suspended for “inappropriate public display of 5 affection” due to kissing another female student on campus. I argued that the defendant 6 school officials violated the student’s right to equal protection and her First Amendment 7 right to freedom of expression by disciplining her, and her privacy right under the 8 California Constitution when the principal disclosed to the student’s mother, who was 9 unaware of her daughter’s sexual orientation until the disclosure, that she had been 10 kissing another girl. 11 46. In Fitzgerald v. City of Los Angeles, 485 F. Supp. 2d 1137 (C.D. Cal. 2007), I was 12 co-counsel for residents of a city who, after initially filing suit against defendant law 13 enforcement officials alleging that the officials’ policy of arbitrarily stopping, detaining 14 and searching individuals or groups of individuals who appeared to be homeless, or 15 appeared to be residents of the area in question, violated their Fourth Amendment rights, 16 entered into a settlement agreement with law enforcement, which included a permanent 17 injunction prohibiting searches in question. I argued for the extension of the injunction, 18 which the court granted for a period of four months, holding that arbitrary, capricious or 19 harassing searches of all individuals, regardless of their probation or parole status, 20 violated both federal and California law. 21 47. In C.N. v. Wolf, 2006 U.S. Dist. LEXIS 97121 (C.D. Cal.2006), I filed a Motion in 22 Limine to exclude the testimony of the School defendant’s expert on the grounds that his 23 testimony was not within the ken of expert testimony and that he was not timely 24 designated. I also successfully defeated several Motions in Limine filed by defendant, 25 including a motion to exclude evidence of a 2001 disciplining of a same-sex female 26 couple at the school, as it was evidence relevant to plaintiff’s showing of disparate 27 treatment; a motion to exclude evidence of emotional or psychological injury sustained 28 by plaintiff as part of pain and suffering; and a motion to exclude three photographs that
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1 depicted heterosexual students engaging in inappropriate public displays of affection, or 2 “PDA”, because the court recognized that a high prevalence of PDA may have been 3 sufficient to establish that administrators saw, or ignored, PDA among heterosexual 4 couples. 5 48. In Wang v. Chinese Daily News, Inc., 236 F.R.D. 485 (C.D. Cal 2006), after the 6 court issued an order approving class notice, and after plaintiffs mailed notice to putative 7 class members and defendants provided notice and opt-out forms in its workplace, we 8 filed a motion to invalidate the returned opt-outs, to restrict defendants’ communications 9 with the class, and for post-judgment curative notice, due to circumstances surrounding 10 the opt out period. The court found that the opt-outs submitted in the lawsuit were a 11 product of a coercive environment that pressured employees to opt out lest they risk 12 losing their jobs, and coupled with the ongoing employer-employee relationship between 13 the class and defendants, were not a product of independent decision-making and thus 14 invalid. The court also granted our remaining motions, sustained our objections to the 15 statements of four employees because they were members of the class for purposes of 16 injunctive and declarative relief, and overruled several of defendants objections to 17 statements by four employees and other witnesses. 18 49. In the matter of Bowoto v. Chevron 2004 U.S. Dist. LEXIS 4603 (2004), I was co19 counsel for plaintiffs who were Nigerian workers. We argued that Chevron, along with 20 its foreign subsidiaries in Nigeria, and in joint venture with the Nigerian government, 21 perpetrated numerous human rights violations. The violations included firing live 22 ammunition at workers staging a protest on Chevron Texaco Corporation’s subsidiary 23 Chevron Nigeria Limited’s oil platform, killing two workers. The defendants filed 24 motions for summary judgment on all plaintiffs’ federal claims and pendent state law 25 claims. The Court determined that the plaintiffs’ claims as to Chevron Nigeria Limited’s 26 liability based on an agency, aiding and abetting, and ratification theory would proceed 27 forward. The District Court granted defendants’ motion for summary judgment as to 28 Chevron’s direct liability and alter-ego liability.
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1 50. In the matter of Cummings v. Western Trial Lawyers Ass’n, 133 F. Supp.2d 1144 2 (D. Ariz. 2001), I was co-counsel on behalf of defendants in an action brought by a 3 former full-time executive director who alleged causes of action for defamation, breach 4 of contract, breach of the duty of good faith and fair dealing, intentional infliction of 5 emotional distress, intentional interference with a business relationship, false light, and 6 quantum meruit. The court granted our motion to dismiss as to plaintiff’s intentional 7 interference with business relationship claim. 8 51. In the case of York v. County of El Dorado, 119 F. Supp. 2d 1106 (E.D. Cal. 9 2000), I was co-counsel for a class of plaintiff prisoners who sued the defendant county 10 over conditions at the county’s jails, such as the overcrowded jail populations at the 11 Placerville and South Lake Tahoe jail facilities. By formal agreement, the plaintiff class 12 and defendant county agreed to a limit on jail population. The stipulation and order of 13 the court approving the settlement agreement had no provision for the court’s retention of 14 jurisdiction for enforcement. The defendant county moved to terminate the injunctive or 15 prospective relief contained in the settlement. The court denied the defendant’s motion 16 for lack of jurisdiction. 17 52. In the case of John Doe v. Unocal Corp, 110 F. Supp. 2d 1294 (C.D. Cal. 2000), I 18 was co-counsel for plaintiffs who were workers from Myanmar, formerly Burma. We 19 argued that the Myanmar government, in joint venture with UNOCAL corp. and other 20 entities had perpetrated numerous human rights violations including forced labor, 21 physical violence, and forced relocation. The defendant filed motions for summary 22 judgment on all plaintiffs’ federal claims and pendent state law claims. The District 23 Court granted defendant’s motion for summary judgment as to plaintiffs’ federal claims 24 and remanded the pendent claims back to state court. 25 53. In the case of John Doe v. Unocal Corp., 67 F. Supp. 2d 1140 (C.D. Cal. 1999), I 26 was co-counsel for plaintiffs who were workers and residents of Myanmar, formerly 27 Burma. We argued that plaintiffs should be granted class certification on the grounds 28 that plaintiffs faced future injury based on defendant’s conduct. The District Court
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1 denied our motion for class certification but held that plaintiffs could assert their 2 individual claims because they faced a substantial probability of forced repatriation. 3 54. In the case of John Doe v. Unocal Corp., 27 F. Supp. 2d 1174 (C.D. Cal. 1998), I 4 was co-counsel for plaintiffs who were farmers and residents of Myanmar, formerly 5 Burma. We argued that UNOCAL Corp., along with the Myanmar government, and 6 Total S.A., a French Corporation, had perpetrated human rights violations in furtherance 7 of defendants joint venture. Defendant Total S.A. filed a motion to dismiss for lack of 8 personal jurisdiction. The District Court granted Total S.A.’s motion. 9 55. In the case of John Doe v. UNOCAL Corp., 963 F. Supp. 880 (C.D. Cal. 1997), I 10 was co-counsel for plaintiffs who were workers and residents of Myanmar, formerly 11 Burma. We argued that UNOCAL, in a joint venture with the Myanmar government and 12 other entities had perpetrated numerous human rights violations including but not limited 13 to physical violence, forced labor, forced relocation, false imprisonment, rape, and 14 murder. Defendant filed a motion to dismiss plaintiffs’ complaint. The District Court 15 denied the motion in part and granted in part. The court denied defendant UNOCAL’s 16 Fed. R. Civ. P 12(b)(6) motion. The court held that SLORC (the Myanmar government), 17 and MOGE, were entitled to sovereign immunity and were not indispensable parties 18 under Fed. R. Civ. P. 19. The District Court further held that subject matter jurisdiction 19 over the remaining plaintiffs was available under the Alien Tort Claims Act. The District 20 Court granted plaintiffs’ leave to amend on the issues of continuing violations and a 21 claim brought under the California Business and Professions Code. 22 56. In the matter of Bureerong v. Uvawas, 922 F. Supp. 1450 (C.D. Cal. 1996), I was 23 counsel for plaintiffs who were workers from Thailand and argued that plaintiffs had 24 been falsely imprisoned and employed in a system of involuntary servitude. The 25 common law claims and the FLSA claims were presented in a unique fashion. The court 26 ruled that we had properly stated a cause of action. See also Bureerong v. Uvawas, 167 27 F.R.D. 83 (C.D. Cal. 1996) and Bureerong v. Uvawas, 959 F.Supp. 1231 (C.D. Cal. 28 1997).
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1 57. In the case of Richard v. City of Pasadena, 889 F. Supp. 384 (C.D. Cal. 1995), I 2 was counsel for plaintiff whom the court determined to be the prevailing party and 3 awarded plaintiff attorneys’ fees against the City of Pasadena. 4 58. In American-Arab Anti-Discrimination Committee v. Reno, 883 F. Supp. 1365 5 (C.D. Cal. 1995), the District Court had granted a preliminary injunction against the 6 selective enforcement of immigration laws and had issued a permanent injunction against 7 the use of undisclosed information to adjudicate appellants’ legalization applications. 8 59. In the matter of Ragge v. MCA/Universal Studios, 165 F.R.D. 601 (C.D. Cal. 9 1995), I was counsel for plaintiff and filed a successful Motion to Compel Production of 10 resumes and job applications in the personnel files of named defendants. 11 60. In another Federal Rules Decision, Ragge v. MCA/Universal Studios, 165 F.R.D. 12 605 (C.D. Cal. 1995), I argued that two conditions be attached to the mental examination 13 of my client. First, that the tests to be conducted be disclosed in advance of the 14 examination and second, that a third party observer be present at the examination. 15 61. In Bullfrog Films v. Catto, 815 F. Supp. 338 (C.D. Cal. 1993), I was counsel for 16 plaintiffs who were granted attorneys’ fees, costs, and expenses against the United States. 17 62. In the matter of Benson v. County of Orange, 788 F. Supp. 1123 (C.D. Cal. 1992), 18 I was counsel for plaintiffs and argued for an injunction against the County’s reduction of 19 jail visitation times. 20 63. I was counsel for plaintiff in Kaiser v. County of Sacramento, 780 F. Supp. 1309 21 (E.D. Cal. 1991), and argued for a preliminary injunction to provide adequate legal 22 access to law books and legal assistance. 23 64. In the matter of Lopez v. Heckler, 572 F. Supp. 26 (C.D. Cal. 1983), I was counsel 24 for a class of plaintiffs that were challenging the procedure used to terminate Social 25 Security disability benefits. 26 65. In the case of U.S. v. Wayte, 549 F. Supp. 1376 (C.D. Cal. 1982), I was co-counsel 27 for a defendant who had been indicted for failing to register for the draft under § 3 of the 28 Military Selective Service Act. We filed a motion to dismiss the indictment on the
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1 grounds that the United States failed to rebut the court’s prima facie finding of selective 2 prosecution. The court granted defendant’s motion and dismissed the indictment because 3 defendant showed that the United States could have located non-vocal non-registrants but 4 chose not to and that defendant was singled out for prosecution because he exercised his 5 right to free speech under the First Amendment of the United States Constitution. 6 66. In Champagne v. Hygrade Food Products, Inc., 79 F.R.D. 671 (E.D. Wash. 1978), 7 I was counsel for plaintiff and submitted a motion to take oral depositions by non8 stenographic means and to record the proceedings by a separate tape recorder. Plaintiffs’ 9 motion was granted. 10 California Supreme Court: 11 67. Rosenthal v. Great Western Financial Securities Corp. (1996) 14 Cal.4th 394. This 12 was an action in which the Supreme Court of the State of California interpreted, among 13 other things, the applicability of the United States Arbitration Act to California courts. 14 The Court also determined what the standards were for setting aside an arbitration 15 agreement. I argued this matter before the Court. 16 68. I was counsel for appellants in Del Monte v. Wilson (1992) 1 Cal.4th 1009, and 17 argued before the Supreme Court of California that a statute that conditioned the 18 distribution of veterans’ benefits on California residency violated appellants’ 19 constitutional right to equal protection of the laws. The court affirmed the decision of the 20 Court of Appeals in Del Monte v. Deukmejian (1991) 1 Cal.App.4th 1213, and found the 21 statute violative of the equal protection clause of the Fourteenth Amendment of the 22 United States Constitution. I argued this matter before the California Supreme Court. 23 69. In the matter of City of Torrance v. Transitional Living Centers for Los Angeles, 24 Inc. (1982) 30 Cal.3d 516, I filed an amicus brief on behalf of Respondent urging the 25 court to affirm the trial court’s decision to deny a preliminary injunction that would 26 prevent the Defendant from maintaining a facility for mental patients in a classified zone 27 of the Appellant City of Torrance. 28 California Courts of Appeal:
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1 70. In Grobeson v. City of Los Angeles, 190 Cal.App. 4th 778 (2d Dist. 2010), as co2 counsel for appellant in his discrimination, retaliation and constructive discharge case, we 3 were successful in upholding the trial court’s order granting a motion for a new trial on 4 the ground of juror misconduct. 5 71. In the education-rights action of Coachella Valley Unified School Dist. v. State of 6 California (2009), 176 Cal. App. 4th 93, I was co-counsel to nine public school districts 7 challenging California’s failure to comply with the No Child Left Behind Act with 8 respect to students who are not yet proficient in English. We challenged defendant’s 9 refusal to provide reasonable accommodations on assessments of students with limited 10 English proficiency, and explained how California, unlike fourteen other states, refuses to 11 utilize a Spanish-language test or a modified-English language test that reduces 12 unnecessary linguistic complexity. See also Coachella Valley Unified Sch. Dist v. 13 California, 2005 U.S. Dist. LEXIS 44825 (N.D. Cal. 2005). 14 72. In Cundiff v. Verizon, California, Inc. (2008), 167 Cal. App. 4th 718, after 15 securing a settlement for three main sub-classes of consumers of a 170,000-member class 16 who were wrongfully charged for obsolete or nonexistent telephones for fifteen years 17 without their knowledge by the defendant telephone companies, we filed a motion to 18 amend the judgment in order to direct the settlement administrator to pay approximately 19 $414,000 in unclaimed funds on a pro rata basis to the charities named in the settlement 20 agreement. While the trial court rejected the motion, the Court of Appeals reversed and 21 remanded, finding that the definition of “unpaid residue” under section 384 of the Code 22 of Civil Procedure accurately described the unclaimed funds at issue in our case, as 23 indicated by the plain meaning of the words of the statute and its legislative history. 24 73. In the matter of Wysinger v. Automobile Club of Southern California (2007), 157 25 Cal. App. 4th 413, I represented an employee under FEHA who contended he had been 26 unlawfully discriminated and retaliated against by his employer. I successfully argued 27 that the court uphold the jury’s verdict that found that the employer retaliated against my 28 client because he filed an age discrimination claim, and the employer failed to engage in
20

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1 an interactive process regarding his disability, the latter finding which I argued was not 2 inconsistent with the jury’s finding that the employer did not fail to provide a required 3 reasonable accommodation to my client for his disability. The court also found in our 4 favor that the jury award of $1million in punitive damage was not excessive because the 5 employer’s conduct supported these damages when a supervisor threatened to “crush 6 managers” who opposed a new compensation plan that disproportionately reduced the 7 compensation of older workers. 8 74. In Motevalli v. Los Angeles Unified School District, (2004) 122 Cal.App.4th 97, I 9 represented an LAUSD schoolteacher who was not rehired because of her political 10 activities. The court set the standards by which such non-renewal can take place. 11 75. In Cundiff v. Bell Atlantic Corp. (2002) 101 Cal.App.4th 1395, I represented a 12 class of consumers who contended that defendant telephone companies charged them for 13 obsolete or nonexistent telephones for fifteen years without their knowledge. The trial 14 court sustained defendants’ demurrer on the ground that the Public Utilities Commission 15 had primary jurisdiction over the matter alleged in the complaint. The appellate court 16 disagreed and reversed, holding that the consumers stated facts sufficient to constitute 17 multiple causes of action. 18 76. Beyda v. City of Los Angeles (1998) 65 Cal.App.4th 511. The Court of Appeals 19 on this matter determined the admissibility of evidence of defendant’s harassment of 20 other employees. There had been, prior to this case, questions about whether such 21 evidence was admissible. The Court in Beyda determined that such evidence is, in fact, 22 admissible under Government Code § 12940 and Title VII of the Civil Rights Act of 23 1964. The Court determined that harassment of other individuals was admissible even if 24 the acts were not committed in the presence of the plaintiff. 25 77. I represented Appellants before the California Court of Appeals in Planned 26 Parenthood v. City of Santa Maria (1993) 16 Cal.App.4th 685, and argued that the 27 Respondent City of Santa Maria could not condition the receipt of public funds upon the 28 recipient’s agreement not to provide abortion services. The Court of Appeals agreed and
21

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1 affirmed the trial court’s decision that a government entity may not offer a grant of public 2 funds on condition that the recipient waive the constitutional right to privacy. 3 78. In the matter of Martin v. Fisher (1992) 11 Cal.App.4th 118, I was counsel for 4 Appellant and argued successfully before the Court of Appeals of California that the trial 5 court erred in dismissing appellant’s claims against respondent for failure to exhaust 6 administrative remedies. 7 79. I was counsel for appellants in Castro v. Los Angeles City Board of Supervisors 8 (1991) 232 Cal.App.3d 1432, and sought a preliminary injunction against a nonprofit 9 corporation that provided legal services in dependency court because the representation 10 of multiple parties with potentially adverse interests created a conflict of interest within 11 the corporation and among its attorneys. 12 80. In the matter of Smith v. State Bar of California (1989) 212 Cal.App.3d 971, I was 13 co-counsel for Appellant and argued that the trial court erred in sustaining the State Bar’s 14 demurrer and dismissing appellant’s action. Appellant was unable to take the bar 15 examination for which he was registered and sued to compel the State Bar to transfer his 16 fees to a subsequent test. 17 81. I have also represented plaintiffs in taxpayer suits. For instance, in the case of 18 Gates v. Superior Court (1986) 178 Cal.App.3d 301 [prohibition], I was co-counsel on 19 behalf of plaintiff to recover money allegedly spent illegally by defendants. 20 82. I was counsel for Appellants in Mental Health Association in California v. 21 Deukmejian (1986) 186 Cal.App.3d 1531, and sought declaratory and injunctive relief to 22 require respondents to create rehabilitative programs for gravely disabled persons as 23 alternatives to treatment at Metropolitan and Camarillo State Hospitals. 24 83. In the matter of In re Lambert (1983) 143 Cal.App.3d 239, I was counsel for 25 Appellants and argued that a court order awarding conservator’s costs and attorneys’ fees 26 from an estate that consists solely of Social Security income violated a federal statute that 27 immunized Social Security benefits from garnishment or other legal process. 28 Colorado Supreme Court:
22

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1 84. I argued for appellant in the matter of Augustino v. Colorado Dept. of Revenue, 2 193 Colo. 273 (1977), that the district court’s revocation of appellant’s driver’s license 3 was a violation of his right to equal protection. 4 Washington Supreme Court: 5 85. In the matter of In re Harris, 94 Wash.2d 430 (1980), I represented petitioners 6 before the Supreme Court of Washington. Petitioners had been committed to state mental 7 institutions under the criminal commitment statue and claimed that they should have been 8 committed under the civil commitment statute. 9 86. I was counsel for respondent David Fry in Stack v. Chicago, Milwaukee, St. Paul 10 & Pacific Railroad Company, 94 Wash.2d 155 (1980), and argued before the Supreme 11 Court of Washington that Respondent Chicago, Milwaukee, St. Paul & Pacific Railroad 12 Company could not counterclaim against its injured respondent employees or pursue a 13 third party claim against other employee crew members for property damage allegedly 14 caused by their negligence. The Supreme Court of Washington affirmed the trial court’s 15 dismissal of Milwaukee’s counterclaim and third party actions. 16 87. In the matter of Brooks v. Rhay, 92 Wash.2d 876 (1979), I represented petitioner 17 before the Supreme Court of Washington. Petitioner sought relief by writ of habeas 18 corpus challenging the action of the Board of Prisons and Paroles (“Board”) that changed 19 the sentencing judge’s decision that petitioner’s sentence for second-degree assault run 20 concurrently with a sentence for a prior conviction. The Board changed petitioner’s 21 sentence to run consecutively with his prior sentence. The case was remanded to the trial 22 court for re-sentencing. 23 88. I was counsel for appellant in Dawson v. Hearing Committee, Washington State 24 Penitentiary, 92 Wash.2d 391 (1979), and argued before the Supreme Court of 25 Washington that disciplinary hearings in our state prisons are subject to judicial review 26 under the Administrative Procedures Act. 27 89. In the matter of In re Myers, 92 Wash.2d 113 (1979), I was counsel for appellant 28 whose husband had taken their children out of Washington and argued that the trial court
23

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 29 of 92 Page ID #:278
1 in Washington had jurisdiction to make child custody determinations. The Supreme 2 Court of Washington concluded that the trial court had personal jurisdiction over the 3 parents and subject jurisdiction to decide questions of child custody, support and 4 visitation. 5 Washington Courts of Appeal: 6 90. I represented appellant in the Court of Appeals of Washington in Toulou v. 7 Department of Social & Health Services, 27 Wash.App.137 (1980), and argued that the 8 Department of Social & Health Services’ rule allowing the department to withhold public 9 assistance payments for two months denied appellant equal protection of the laws. 10 91. In the matter of In re Bush, 26 Wash.App.486 (1980), I was counsel for petitioner 11 and challenged the mandatory minimum sentence fixed by the Board of Prison Terms and 12 Paroles. The Court of Appeals of Washington held that the setting of the minimum term 13 did not comport with procedural due process and remanded to the Parole Board for 14 further proceedings. 15 92. I was counsel for appellants in the matter of Rice v. Department of Social & Health 16 Services, 26 Wash.App. 32 (1980), and challenged the validity of a regulation that 17 provides that a person in need of non-continuing general medical assistance must notify 18 the Department of Social & Health Services of that fact within 7 days of the date medical 19 care is begun in order to receive coverage from the onset of care. The Court of Appeals 20 of Washington ruled that the trial court erred in upholding the 7-day rule. 21 93. I was counsel for appellant in the matter of In re Reuben Hernandez, 25 Wash.App. 22 447 (1980), and sought to revoke an order that relinquished appellant’s child to a private 23 agency for adoption because appellant was mentally incompetent when she agreed to give 24 up her child and her consent was procured by fraud. The Court of Appeal of Washington 25 found insufficient evidence to prove that appellant was mentally incompetent when she 26 agreed to give up her child or that her consent was procured by fraud. 27 94. In the matter of In re Williams, 21 Wash.App. 238 (1978), I was counsel for 28 petitioner who sought relief after consecutive sentences for burglary and possession of
24

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 30 of 92 Page ID #:279

1 stolen property were imposed by the Board of Prison Terms and Paroles (“Board”). I

2 argued before the Washington Court of Appeals that petitioner had entered a guilty plea

3 with the understanding that concurrent sentences would be imposed. The Court of

4 Appeals held that petitioner was entitled to specific performance of his plea bargain and

5 remanded the case to the Board for resentencing in accordance with the plea agreement.

6 95. I represented appellant in the matter of State v. Miller, 22 Wash.App. 960 (1979),

7 and argued that appellant’s plea bargain was involuntary induced by the prosecutor.

8 96. I was counsel for petitioners in the matter of In re McCoy, 22 Wash.App. 7 (1978),

9 where petitioners sought resentencing after the Board of Prison Terms and Paroles set

10 petitioners’ sentences on two convictions to run consecutively. The court held that

11 resentencing was not required.

12 97. After the decision in Brooks v. Rhay, 92 Wash.2d 876 (1979), which overruled

13 McCoy, petitioners in McCoy, supra, sought reconsideration, in the matter of In re

14 McCoy, 25 Wash.App. 600 (1980), I was again counsel for petitioners. The Washington

15 Court of Appeals ordered that petitioners be returned to Spokane County Superior Court

16 for resentencing.

17

18

CONCLUSION

19 98. As this case list demonstrates, I have engaged in a wide range of complex

20 civil and civil rights cases, as well as class actions.

21

22

I declare under penalty of perjury under the laws of the State of California

23 and the United States of America that the foregoing is true and correct.

24

Executed this April 24, 2020, at Pasadena, California.

25

26

____________________________

27

DAN STORMER

28

25

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 31 of 92 Page ID #:280

1

EXHBIT A

2

3

AWARDS / ACTIVITIES

4

5

6

500 Leading National Lawdragon 500 Leading Plaintiff

Plaintiff Consumer Lawyers

Consumer Lawyers

7

8 9

500 Leading National Plaintiff Employment
Lawyers

Lawdragon 500 Leading Plaintiff Employment Lawyers Guide

10

11

Best Attorneys of America

Rue Ratings’ Best Attorneys of America

12

2020
2018, 2019, 2020
Lifetime Charter Member

13 14

Fellow

The Fellows of the American Bar Foundation

Life Fellow

15 16 17

Employment Law – Individuals

Best Lawyers in America 26th Edition of The Best Lawyers
in America

2016, 2017, 2018, 2019, 2020

18 19

Litigation – Labor and Employment

Best Lawyers in America 26th Edition of The Best Lawyers
in America

2016, 2017, 2018, 2019, 2020

20

21

Top Attorneys

22

in Southern California

Los Angeles Magazine

2020

23

24

Best Lawyers in Southern California

25

(Selected by Peer

26

Recognition & Professional Achievement)

27

The Wall Street Journal

2020

28

26

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 32 of 92 Page ID #:281

1

2

Top 100 Litigation Lawyers in America

3

American Society of Legal Advocates

2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020

4 Fellow
5

American Society of Legal Advocates

2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020

6

2010, 2011, 2012,

7 Best Law Firms – Tier 1 U.S. News & World Report – Best 2013, 2014, 2015,

8

Ranking

Lawyers “Best Law Firms”

2016, 2017, 2018, 2019, 2020

9

2010, 2011, 2012,

10

Top 100 Trial Lawyers

11

The National Trial Lawyers

2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020

12

2010, 2011, 2012,

13

Top Attorney

14

Pasadena Magazine

2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020

15

2008, 2009, 2010,

16

17

Top 100 Trial Lawyers

American Trial Lawyers Association

2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,

18

2020

19

20 Adaptive Technical Team 21

22

23

24

Adaptive Committee

25

26

27 Certified Ski Instructor -

28

Alpine, Adaptive, Seniors, and Children's Skiers

Professional Ski Instructors of America
Professional Ski Instructors of America
Professional Ski Instructors of America

2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
2020
2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020
2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015,

27

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 33 of 92 Page ID #:282

1

2016, 2017, 2018,

2

2019, 2020

3

4

2004, 2005, 2006, 2007, 2008, 2009,

5 Selected to the Southern Southern California Super Lawyers 2010, 2011, 2012,

6 California Super Lawyers list 7

Magazine

2013, 2014, 2015, 2016, 2017, 2018,
2019, 2020

8

9

10

Guide to the Worlds'

11

Leading Labour and Employment Lawyers

12

13

Euromoney Publications

1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019,
2020

14

1994, 1995, 1996,

15

1997, 1998, 1999, 2000, 2001, 2002,

16

2003, 2004, 2005,

17 18 19

Best Lawyers in America

Naifeh & Smith - National Yearly Survey of America's Leading Lawyers

2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017,

20

2018, 2019 (Listed in Best Lawyers for 10

21

Years or Longer),

22

2020

23

Who's Who

Various Who's Who Publications

1991-present

24

25

Employment Law –

26 Individuals “Lawyer of the

27

Year” for Pasadena

Best Lawyers in America

2016, 2019

28

28

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 34 of 92 Page ID #:283

1 2 Decades of Service Award 3

National Lawyers Guild Los Angeles

2019

4 5

Lawyer of the Year

2019 Edition of The Best Lawyers in America

2019

6

7

Civil Rights Law - Attorney of the Year in California

8

2019 Corporate Intl Magazine Global Award

2019

9

Lawyer Of The Year:

10

Southern California

The Wall Street Journal

2019

11

12

America's Most Honored Professionals

13

The American Registry

2019

14

2007, 2008, 2009,

15

Top 100 Trial Lawyers

American Association for Justice

2010, 2011, 2012, 2013, 2014, 2015,

16

2016, 2017, 2018

17 America’s Top 100 Civil America’s Top 100 Civil Defense

18

Defense Litigators

Litigators

2018

19

20 America's Top 100 Criminal

21

Defense Attorneys

America's Top 100 Criminal Defense Attorneys

2017, 2018

22

2004, 2005, 2006,

23 24

Top 100 Attorneys in Southern California

Southern California Super Lawyers 2007, 2008, 2009,

Magazine; Law and Politics

2010, 2011, 2012,

Magazine

2013, 2014, 2015,

25

2016, 2017

26

Top 75 Labor &

27

Employment Lawyers

The Daily Journal

2011, 2012, 2013, 2014, 2015, 2016,
2017

28

29

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 35 of 92 Page ID #:284

1

2 Attorney of the Year - CLAY

3

Award – Civil Rights

California Lawyer Magazine

2006, 2017

4

5

LA CAN Freedom Now Award

6

The Los Angeles Community Action Network

2016

7 8

Top 10 Attorneys in Southern California

Southern California Super Lawyers Magazine; Law and Politics Magazine

2005, 2007, 2008, 2009, 2014, 2015

9 10 11

Best Lawyers in America Employment Law Individuals

Best Lawyers in America – 20th 2014 (over 20 years

Edition

consecutively on list)

12 13

Hadsell Stormer Richardson & Renick
LLP – Tier 1 Ranking

U.S. News - Best Lawyers’ “Best Law Firms”

14

2014

15

Southern California’s Top Rated Lawyers

16

American Lawyer Media

2013

17 18

Best Attorneys in Los Angeles

Best Lawyers – Individuals Award

2013

19

20 Congressional Award for 21 Outstanding Public Service Congressman Howard L. Berman
to the Community 22

2012

23

24 Religious Liberty Award

ACLU of Southern California

2012

25

26 27

Lawyer of the Year – Individuals - Employment
Law

Naifeh & Smith – Best Lawyers in America

28

2012

30

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 36 of 92 Page ID #:285

1

2 The Top 3000 Lawyers in

3

America

Lawdragon Magazine

2006, 2010, 2011

4

5

Chief Judge of the United States

6 7

Pro Bono Honor

District Court for the District of Columbia and The Standing
Committee on Pro Bono Legal

2011

8

Services of the Judicial Conference for the District of Columbia Circuit

9

10

11

Recognized for Distinction in Labor and Employment Law

12

The American Lawyer

2011

13 14 Appellate Lawyer Award

The National Law Journal

2010

15

16 17

Southern California 50 Leadership Council

RAND Institute for Civil Justice

2010

18

19

Top Lawyers

20

Labor + Employment

2010

21 The 500 Leading Lawyers in

22

America

23

Lawdragon Magazine

2006, 2007, 2010

24 The Top 100 – California’s 25 Leading Lawyers - 100 Most

26

Influential Lawyers in

27

California

The Daily Journal

1998, 1999, 2000, 2001, 2002, 2005, 2006, 2009, 2010

28

Honored Member

America's Registry of Outstanding

31

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 37 of 92 Page ID #:286

1

Professionals

2000, 2001, 2002,

2

2003, 2004, 2005,

3

2006, 2007, 2008

4

5

6

Honored Member

7

8

Strathmore's Who's Who

1996, 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008

9

10 The Wagner Alumni Fellows

11

Award – Law

Wagner College

2008

12

13 14

Certificate of Recognition

Los Angeles City Council, Eric Garcetti – President

2007

15

16

LGBT Award

17

ACLU Foundation of Southern California

2007

18

19

Fellow of the Dean’s Roundtable

Chapman University School of Law

20

2007

21 The Los Angeles Area’s Best

22

Lawyers

23

Los Angeles Times - West Magazine

2006

24

25 Certificate of Recognition

26

For Outstanding Dedication to the Community

27

California State Senate

2006

28 Certificate of Appreciation In

Los Angeles City Council

2006

32

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 38 of 92 Page ID #:287

1

Honor of Dedication to

2 Social Justice in the City of

3

Los Angeles

4

5

Social Justice Award

6

Occidental College - Urban & Environmental Policy Institute

7

8 The 500 Leading Litigators

9

in America

Lawdragon Magazine

10

11 Certificate of Recognition for

12

Human Rights Legal Representation

13

California State Assembly

14

15

Joseph Posner Award

California Employment Lawyer’s Association

16

17

18

Certificate of Recognition for Fighting Discrimination

19

20

Robert Kenny Award

California State Assembly Resolution
National Lawyers Guild

21

22 23

Fellow of the College

Governors of The College of Labor and Employment Lawyers

24

25 26

Top 5 Employment Lawyers in California

Chambers Publishing - America's Leading Business Lawyers

27

For outstanding contribution to the

28 Los Angeles Office of the

citizens of Los Angeles

33

2006 2006
2006
2005 2005 2005 2004 2003 1995

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 39 of 92 Page ID #:288

1

City Attorney's

2

Commendation

3

4 California Lt. Governor's For longstanding commitment to

5

Commendation

ensure equal justice and for service

6

to the community

1995

7

California Assembly

8

Resolution

9

Commitment to Civil Rights, Constitutional Law and Public
Interest Law

1995

10 11 Pursuit of Justice Award California Women's Law Center

1995

12

Top 10 Labor &

13 Employment Lawyers in

14

California

The Daily Journal

1991

15

Clarence Darrow Award

16

People's College of Law

1991

17

18

Hollywood Fair Housing Council Award

Hollywood Fair Housing Council

19

1989

20 21 Pro Bono Firm of the Year

Public Counsel Law Center

1987

22 23 Pro Bono Service Award 24

Legal Aid Foundation of Los Angeles

1986

25

26

Other Activities

27

 Rim of the World Special Athletes – Board of Directors

28

 Adaptive Recreation Center’s Foundation – Board of Directors

34

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 40 of 92 Page ID #:289

1

 Professional Ski Instructors of America/American Association of

2

Snowboard Instructors

3

 Adaptive Committee - Western Region - Chair

4

 Adaptive Committee –National

5

 Tech Team - Western Division Adaptive

6

 Board of Directors - Big Bear Therapeutic Riding Center

7

 Adaptive Adventures Unlimited – Board of Directors

8

 Tahoe Adaptive Competition Center – Founding Member

9

 Silverlake Parks and Recreation - Sports Board

10

 Echo Park / Silverlake People’s Child Care Center

11

 Volunteer Coaching

12

 John Marshall High School - Assistant Tennis Coach - Boys & Girls

13

Varsity

14

 Various Youth Sports Leagues - Baseball (ages 6-adult), Soccer (ages

15

6-15), and Basketball (ages 6-15)

16

 Professional Ski Instructors of America (Focusing on teaching persons

17

with disabilities, as well as Alpine and Children's instruction)

18

 “The Edge” – Professional Ski Instructors of America Magazine

19

20

21

22

23

24

25

26

27

28

35

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 41 of 92 Page ID #:290

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27 28

EXHIBIT 1

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 42 of 92 Page ID #:291
Tanya Sukhija-Cohen
EDUCATION
University of California, Los Angeles (UCLA) School of Law | Los Angeles, CA Juris Doctor, May 2013
University of California, Los Angeles (UCLA) | Los Angeles, CA Bachelor of Arts, Political Science and International Development Studies, June 2010 Highest Departmental Honors in Political Science
EXPERIENCE
Hadsell Stormer Renick & Dai LLP | Pasadena, CA Associate Attorney, August 2019 – Present Civil rights, employment, and class action litigation in federal and state courts. Conduct motion practice, discovery, research, and depositions. Handle day-to-day case management, court appearances, and communications with clients and opposing counsel.
Magistrate Judge Dena Palermo, U.S. District Court for the Southern District of Texas | Houston, TX Judicial Law Clerk, March 2018 – August 2019 Drafted opinions, reports and recommendations, and bench memoranda on dispositive and discovery motions in civil cases. Conducted legal research. Assisted in preparation for hearings.
Law Offices of Dale K. Galipo | Woodland Hills, CA Consulting Appellate Attorney, January 2018 - February 2018 Associate Attorney, August 2016 - December 2017 Civil rights litigation in federal and state courts. Drafted complaints, motions, discovery, pre-trial motions and documents, and appellate briefs. Conducted research and depositions. Handled day-to-day case management, court appearances, and communications with clients and opposing counsel.
Equality Now | New York, NY; Nairobi, Kenya Program Officer, September 2014 - July 2016 Legal Fellow, September 2013 - September 2014 Strategic litigation and legal advocacy for international women’s rights, including with international human rights tribunals and United Nations bodies. Drafted legal memoranda, briefs, and reports. Researched domestic, foreign, and international law. Developed and maintained partnerships with foreign-based NGOs.
Schonbrun Seplow Harris and Hoffman, LLP | Los Angeles, CA Law Clerk, January 2013 – June 2013 Drafted legal memoranda and conducted legal research for litigation involving civil rights, torture, police excessive force, and corporate liability for international human rights violations.
U.S. Department of State, Office of the Legal Counselor | The Hague, Netherlands Legal Extern, August 2012 – December 2012 Drafted cables and conducted legal research regarding human rights cases in international criminal tribunals.
Sonke Gender Justice Network | Cape Town, South Africa Policy Advocacy and Research Intern, May 2012 – July 2012 Drafted legal memoranda on international human rights issues to advance gender equality.
South Asian Network | Artesia, California Law Clerk, May 2011 – August 2011 Researched and drafted legal memoranda on forced labor, racial profiling, and domestic violence.
BAR ADMISSIONS
Admitted in California and New York.

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 43 of 92 Page ID #:292

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27 28

EXHIBIT 2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 44 of 92 Page ID #:293
THERESA ZHEN
EDUCATION
UCLA School of Law – Juris Doctor, May 2014 Specialization in David. J. Epstein Program in Public Interest and Policy and Critical Race Studies
Stanford University – Bachelor of Arts in Economics and Sociology, with Honors, June 2009 Specialization in Organizations, Business, and the Economy
EMPLOYMENT
Hadsell Stormer Renick & Dai LLP, Pasadena, CA Associate Attorney (Jul. 2019 – present) Litigate civil rights and employment actions on behalf of plaintiffs in California. Manage every stage of complex litigation from the pleadings phase through trial, including taking depositions, all aspects of discovery and motion practice, and comprehensive mediations and settlement negotiations. Handle day-today case management, court appearances, and communications with clients and opposing counsel.
East Bay Community Law Center, A Clinic of UC Berkeley School of Law, Berkeley, CA Staff Attorney and Clinical Supervisor (Oct. 2016 – Jul. 2019) Launched innovative decriminalization of poverty (DECOP) project to provide holistic legal services to indigent defendants suffering from the collateral consequences of predatory court fines and fees. Supervised and trained certified law students. Litigated Doe v. Shiomoto, class action lawsuit against the California DMV for unlawfully reporting and maintaining criminal records of one million drivers. Designed and taught seminar Court-Ordered Debt and Poverty (2018-2019). Secured an amendment of Alameda county ordinance to repeal probation, public defender, and sheriff fees, and discharge $44 million in outstanding debt. Provided civil legal services through collaboration with EBCLC’s other practice areas.
A New Way of Life Reentry Project, Los Angeles, CA Skadden Fellow (Sept. 2014 – Sept. 2016) Designed and executed a 2-year project representing formerly incarcerated individuals in proceedings to modify, reduce, or waive court-ordered debt on traffic and misdemeanor offenses. Drafted pleadings, interviewed plaintiffs, and wrote legal memoranda regarding application of facts to law for unlawful denial of employment due to a criminal record. Conducted pre-filing investigation and early stages of litigation in Alvarado v. Los Angeles Superior Court, a civil rights lawsuit to enforce statutory and constitutional rights of motorists saddled with traffic fines they cannot afford to pay. Implemented a statewide traffic ticket amnesty program and court rules regarding ability-to-pay hearings. Represented individuals for relief under Penal Code § 1203.4, Prop 47, and Prop 64, and numerous other post-conviction remedies.
Federal Public Defender for the Central District of CA, Los Angeles, CA Clinical Law Student (Jan. 2014 – May 2014) Represented client at bench trial before the Chief Magistrate Judge Suzanne Segal of the Central District of California on disorderly conduct charge, resulting in an acquittal.
The Bronx Defenders, Bronx, NY Law Clerk, Criminal Defense Practice (May 2013 – August 2013) Interviewed and arraigned 20 clients charged with low-level marijuana possession offenses, leading to successful reduction in fines and fees. Conducted legal research for federal litigation and data collection to reduce discriminatory impact of stop-and-frisk policies and marijuana arrests.

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 45 of 92 Page ID #:294

THERESA ZHEN

PAGE 2

Southern Center for Human Rights, Atlanta, GA Law Clerk, Impact Litigation (May 2012 – August 2012) Observed misdemeanor and felony arraignments in Georgia Superior Courts to document constitutional violations. Monitored jail conditions in an Alabama jail facility. Represented a prisoner serving a life sentence for drug possession before the Alabama Parole Board, resulting in his release.

Neufeld Scheck & Brustin, LLP (civil rights firm), New York, NY Paralegal (July 2009 – July 2011) Served as lead paralegal on ten federal and state complex civil litigation cases involving wrongful convictions resulting from police and prosecutorial misconduct. Filed documents in state and federal court. Organized voluminous discovery of police reports, medical records, hospital records, and policies. Interviewed clients and their family members.

WRITINGS/PUBLICATIONS

(Color)Blind Reform: How Ability-To-Pay Determinations Are Inadequate To Transform A Racialized System of Penal Debt, N.Y.U. Rev. of Law and Social Change (forthcoming 2019)

White Paper: Pay or Prey: How Alameda County’s Criminal Justice System Extracts Wealth from Marginalized Communities (2018) (Lead Author)

A Clean Slate Case Study of Community Lawyering, 106 CALIF. L. REV. 557 (2018) (coauthor Vinuta Naik)

Report: Not Just a Ferguson Problem: How Traffic Courts Drive Inequality in California (2015) (Contributing Author)

SELECTED HONORS AND AWARDS

Skadden Fellowship, awarded to 25 “talented young lawyers to pursue the practice of public interest law,” Sept. 2014-Sept. 2016

Recent Alumni Award, awarded by the David. J. Epstein Public Interest Program in Law and Policy, UCLA School of Law, April 2018

Public Interest Peer of the Year, awarded by classmates, UCLA School of Law, May 2013

BAR MEMBERSHIP Admitted in California (2014)

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 46 of 92 Page ID #:295

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4

Shaleen Shanbhag SBN 301047 Hadsell Stormer Renick & Dai LLP

5 128 N. Fair Oaks Avenue

6

Pasadena, California 91103 Telephone: (626) 585-9600

7 Facsimile: (626) 577-7079

8 Barrett S. Litt, SBN 45527

9 blitt@kmbllaw.com

10

Lindsay Battles, SBN 262862 Kaye, McLane, Bednarski & Litt, LLP

11 975 East Green St.

12

Pasadena, California 91106 Telephone: (626) 844-7660

13 Facsimile: (626) 844-7670

14

15

Attorneys for Plaintiffs Other Counsel on Following Page

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18 Cullors, et al., individually and as 19 class representatives

20 21
vs. 22

Plaintiffs,

DECLARATION OF BARRETT S. LITT IN SUPPORT OF MOTION FOR CLASS CERTIFICATION

23 COUNTY OF LOS ANGELES, SHERIFF ALEX M VILLANUEVA,
24 in his official capacity, et al,

25 Defendants.
26

27

28

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 47 of 92 Page ID #:296

1 [Additional Counsel continued from previous page]

2

3

Peter J. Eliasberg, Esq. [S.B. #189110] ACLU OF SOUTHERN CALIFORNIA

4 1313 W. 8th St.

5

Los Angeles, CA 90017 Telephone: (213) 977-9500

6 Facsimile: (213) 977-5299

7 Email: peliasberg@aclu.sc.org

8

9

Alec Karakatsanis* Katherine C. Hubbard, Esq. [S.B. #302729] CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009 Telephone: (202) 894-6126 Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org
katherine@civilrightscorps.org

10 Catherine Sweetser, SBN 271142

11

Alicia Virani, SBN 281187 Aaron Littman, SBN 330283

12 UCLA LAW CLINICS

13

385 Charles E. Young Drive East Los Angeles, CA 90095

14 (310) 825-9562

15

Email: csweetser@sshhlaw.com virani@law.ucla.edu

16

littman@law.ucla.edu

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

17 Andrea Woods, Esq.*

18 AMERICAN CIVIL LIBERTIES UNION

19

125 Broad Street, 18th Floor New York, NY 10004

20 Telephone: (212) 549-2528

21

Facsimile: (212) 607-3329 Email: awoods@aclu.org

22

23 *pro hac vice applications forthcoming

24

25

26

27

28 2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 48 of 92 Page ID #:297

1

DECLARATION OF BARRET S. LITT

2

I, BARRETT S. LITT, declare:

3

1. This declaration is submitted in support of Plaintiffs’ Motion for Class

4 Certification. The facts set forth herein are within my personal knowledge or knowledge

5 gained from review of the pertinent documents. If called upon, I could and would testify

6 competently thereto.

7

2. I submit this declaration in support of Plaintiffs request to appoint myself

8 and Lindsay Battles, a partner in my firm, as class counsel in this case, along with our co-

9 counsel, who include several of the nation’s foremost experts in class action litigation

10 challenging injustice in the criminal justice system. Plaintiffs request for appointment of

11 class counsel also includes:

12

(1) Dan Stormer, Tanya Sukhija-Cohen, Theresa Zhen, and Shaleen Shanbhag

13

of Hadsell Stormer, Renick & Dai, LLP (HSRD). Dan Stormer separately

14

submits a declaration detailing the credentials of HSRD attorneys to be

15

appointed as class counsel.

16

(2) Katherine C. Hubbard and Alec Karakatsanis of Civil Rights Corps, a

17

nonprofit legal organization dedicated to challenging systemic injustice in

18

the American legal system. Katherine Hubbard separately submits a

19

declaration detailing hers and Mr. Karakatsanis’s credentials to be appointed

20

as class counsel.

21

(3) Aaron Littman, Catherine Sweetser and Alicia Virani of the University of

22

California Los Angeles (UCLA) School of Law. Mr. Littman, Ms. Sweetser

23

and Ms. Virani separately submit a declaration detailing their credentials to

24

be appointed as class counsel.

25

(4) Eric Balaban and Andrea Woods of the American Civil Liberties Union. Mr.

26

Balaban’s CV is attached hereto as Exhibit 3 and details his credentials to

27

be appointed as class counsel.

28 2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 49 of 92 Page ID #:298

1

(5) Peter Eliasberg, Chief Counsel of the American Civil Liberties Union of

2

Southern California.

3

3. I am an attorney duly licensed to practice in the State of California. Since

4 1984, I have been the principal or senior partner in firms that operate for the specific

5 purpose of developing and maintaining a civil rights and public interest law practice that

6 operates in the private sector on the basis of self-generated fee awards and other

7 recoveries. Since January 1, 2013, I have been a partner in the law firm of Kaye,

8 McLane, Bednarski & Litt. Between September 2010 and December 31, 2012, I was a

9 partner in the law firm of Litt, Estuar, and Kitson. From July 2004 to September 2010, I

10 was a partner in the law firm of Litt, Estuar, Harrison, and Kitson. From 1998 to July

11 2004, I was the principal in the law firm of Litt & Associates, Inc. From September 1,

12 1991 to May 1, 1997, when my then partner left the law firm to become Deputy General

13 Counsel for Civil Rights at the federal Department of Housing and Urban Development, I

14 was a partner at the firm of Litt & Marquez. And for the seven years prior to that, I was a

15 partner in the firm of Litt & Stormer, Inc.

16

4. I graduated from the University of California at Berkeley in 1966 and from

17 UCLA School of Law in 1969. For the first approximately ten years of my practice, I

18 focused primarily in the area of criminal defense at the trial and appellate levels, mostly

19 in the federal courts. In that capacity, I handled hundreds of matters, tried many cases

20 ranging from immigration offenses to murders, and handled numerous appeals. Since

21 1981, I have focused primarily on complex civil litigation in the areas of constitutional

22 law, civil rights law, class action litigation, and complex multi-party litigation.

23

5. My former firm, Litt & Stormer, received the Pro Bono Firm of the Year

24 Award from Public Counsel in 1987 in recognition of its public interest and civil rights

25 work. Litt & Marquez received an award from the NAACP Legal Defense Fund in July

26 1992, as civil rights firm of the year in recognition of its civil rights work. I received an

27 award from UCLA School of Law as its public interest alumnus of the year in 1995 and

28 2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 50 of 92 Page ID #:299

1 in 2010 I received a CLAY award for my work in Goldstein v. City of Long Beach et al.

2 (along with my co-counsel in the case), described in my CV.

3

6. I have both spoken and written on the subject of civil rights training. I

4 published an article entitled "Class Certification in Police/Law Enforcement Cases" in

5 Civil Rights Litigation and Attorney's Fee Annual Handbook, Vol. 18, Ch. 3 (West

6 Publishing 2002) and one for the National Police Accountability Project titled “Select

7 Substantive Issues Regarding Class Action Litigation In The Jail/Prison Setting”,

8 National Police Accountability Project, October 2006. I published an article in the Los

9 Angeles Lawyer regarding the use of minimum statutory damages under the Unruh Act,

10 particularly actions brought under Civil Code §52.1, to enhance the prospects for

11 certifying class actions. See “Rights for Wrongs,” Los Angeles Lawyer December 2005.

12 In 2010, I published an article in West’s Civil Rights Litigation and Attorney's Fee

13 Annual Handbook entitled, “Obtaining Class Attorney’s Fees.” I am rated “A/V” by

14 Martindale-Hubbell, am listed in Best Lawyers in America, and have been listed in Super

15 Lawyers Southern California in the field of civil rights for the past 16 consecutive years.

16

7. A partial list of civil rights class actions in which I am, or have been, the, or

17 one of the, lead counsel, include the following certified class actions:

18

 Amador v. Baca, No.: 10-1649 SVW (RC) (C.D. Calif) (pending certified

19

class action challenging manner of searches of women inmates in outside

20

bus bay; estimated number of class members is an estimated 94,000; 23

21

(b)(2) and (b)(3) classes certified; summary judgment on liability granted to

22

Plaintiffs; $53 Million settlement has been preliminarily approved; final

23

approval hearing scheduled for July 2020);

24

 Williams v. Block, Case No.: CV-97-03826-CW (Central District of

25

California) and related cases (a series of county jail overdetention and strip

26

search cases, settled for $27 Million and a complete revamp of jail

27

procedures; classes certified in conjunction with settlement; class size over

28

250,000);

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 51 of 92 Page ID #:300

1

 Craft v. County of San Bernardino, 468 F.Supp.2d 1172 (C.D.Cal. 2006)

2

(certified class action against the Sheriff of San Bernardino County for

3

blanket strip searches of detainees, arrestees, and persons ordered released

4

from custody; partial summary judgment decided for plaintiffs; class size

5

approximately 150,000; $25.5 Million settlement approved April 1, 2008);

6

 MIWON v. City of Los Angeles, Case No.: CV 07-3072 AHM (C.D. Calif.)

7

(certified class action against City of Los Angeles and others for use of

8

police force and related conduct at MacArthur Park on May 1, 2007; final

9

approval of class settlement for $12,800,000 settlement granted June 24,

10

2009, the largest class action protest settlement in the U.S.);

11

 Bynum v. District of Columbia, Case No.: 02-956 (RCL) (D.D.C.)( certified

12

class action against the District of Columbia for overdetentions and blanket

13

strip searches of persons ordered released from custody; final approval of

14

$12,000,000 settlement occurred January 2006 );

15

 Nozzi v. Housing Authority of the City of Los Angeles, CV 07-00380 GW

16

(C.D. Calif.) (pending certified class action against the Housing Authority

17

for violations of due process and federal regulations by failing to provide

18

proper notice of Section 8 rent increase affecting approximately 10,000

19

tenants; case dismissed on summary judgement for defendants; reversed by

20

Ninth Circuit; dismissed again; reversed second time in Nozzi v. Hous.

21

Auth. of City of Los Angeles, 806 F.3d 1178 (9th Cir. 2015), as amended on

22

denial of reh'g and reh'g en banc (Jan. 29, 2016; case pending).and summary

23

judgment on liability ordered entered for Plaintiffs; on remand, (b)(2) and

24

(b)(3) classes certified in Nozzi v. Hous. Auth. of the City of Los Angeles,

25

No. CV 07-380 PA (FFMX), 2016 WL 2647677, at *1 (C.D. Cal. May 6,

26

2016)); final approval for $9.25 Million settlement granted);

27

 Barnes v. District of Columbia, Civil Action No.: 06-315 (RCL) (D.D.C.)

28

(class action against District of Columbia for continuing to both over-detain

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 52 of 92 Page ID #:301

1

and strip search post-release inmates despite settlement in Bynum, supra;

2

class certification granted; summary judgment granted Plaintiffs on most

3

claims; case ultimately settled for $6 Million);

4

 Lopez v. Youngblood, No.: CV07-00474 LJO (DLBx) (E.D. Calif.) (certified

5

class action against Kern County, California, for unlawful pre-arraignment

6

and post-release strip searches and strip searches not conducted in private;

7

class certification and summary judgment on liability granted;

8

approximately $7 Million settlement);

9

 Aichele et al. v. City of Los Angeles, et al. Case No.: CV 12-10863 DMG

10

FFM (x) (C.D. Calif.) (certified class action for injunctive relief and

11

damages for arrests and related actions regarding the shutdown of the use of

12

the City Hall lawn by Occupy LA; estimated class size is 300-400; class

13

certified; $2,675,000 settlement);

14

 McKibben v. County of San Bernardino, Case No.: EDCV 14-2171 - JGB

15

(SPx) (certified class action for injunctive relief and damages for unequal

16

treatment of Gay, Bisexual and Transgender jail inmates; class size of 650

17

people; final approval of settlement for injunctive relief, class damages and

18

attorneys’ fees approved on Feb. 11, 2019);

19

 Amador v. Baca, No.: 10-1649 SVW (RC) (C.D. Calif) (certified class

20

action against LASD challenging manner of searches of women inmates in

21

outside bus bay at Century Regional Detention Facility; estimated number of

22

class members is 94,000; 23 (b)(2) and (b)(3) classes certified; summary

23

judgment on liability granted; preliminary approval granted for $53,000,000

24

settlement);

25

 Roy v. Los Angeles County Sheriff’s Department, Case No.: CV 12-9012

26

RGK (FFMx) (pending class action for injunctive relief and damages;(b)(2)

27

and (b)(3) classes certified in Sept. 2016; summary judgment on liability

28

granted; settlement discussions pending);

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 53 of 92 Page ID #:302

1

 Chua et al. v. City of Los Angeles, et al. Case No.: CV-00237-JAK-GJS(x)

2

(C.D. Calif.) (class action for injunctive relief and damages for arrests and

3

related actions regarding Ferguson related protests at 6th & Hope and

4

Beverly & Alvarado; estimated class size is 170; class certification granted;

5

final approval of settlement granted March 2020).

6

8. In addition, I am or have been lead or co-lead counsel in other class actions

7 and in several pending class actions where the issue of class certification has not yet been

8 addressed. (See attached Ex. A, my curriculum vita, for further details,)

9

9. My CV also includes a list of individual or multi-plaintiff civil rights cases

10 (in addition to class actions) in which I am or have been the, or one of the, lead counsel,

11 going back to the late 1980’s, as well as many reported decisions in which I have been

12 counsel and argued the case.

13

10. As the foregoing and my case list demonstrate, I have been involved with,

14 and successful in, a wide range of complex civil rights cases, including class actions such

15 as this, and have the requisite skills and experience to act as class counsel in this case. In

16 addition, my firm and I have the legal and financial resources needed to pursue this case

17 to the full extent necessary, as my representation over the past 10 plus years

18 demonstrates.

19

11. I have no conflicts of interest with any members of the class nor, to my

20 knowledge, do any of the other of Plaintiffs’ counsel.

21

12. The size of this class is readily manageable. I have handled certified law

22 enforcement class actions where the number of class members has exceeded 100,000.

23

13. This case presents little difficulty in negotiating a settlement if Defendants

24 are so inclined, or in litigating liability and a classwide injunction if they are not.

25

14. The events all arose in the Los Angeles, and venue would reside in this

26 District. Plaintiffs are unaware of any other pending litigation specifically addressing the

27 constitutional adequacy of the Los Angeles County Sheriff’s Department’s efforts to

28 mitigate the spread of the novel coronavirus within the jail system. 2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 54 of 92 Page ID #:303

1

15. The other counsel in this case and I are prepared to, and have the full

2 resources to, handle all aspects of this case.

3 Qualifications of Lindsay Battles:

4

16. Plaintiffs also request appointment of Lindsay Battles as class counsel. Ms.

5 Battles has worked exclusively on large complex civil rights litigation since the

6 beginning of her career, predominantly on complex civil rights class actions. She has

7 acted as co-lead counsel with me in Amador v. Baca (above); was so appointed by the 8 Court in the class certification orders; and had the primary day to day responsibility for

9 that case. In Roy vs. County of Los Angeles (above), which I co-counseled with her and 10 also with the ACLU, Ms. Battles was the attorney primarily responsible for litigating

11 class certification and affirmative summary judgment motions. Plaintiffs not only secured

12 class certification on liability, but also a favorable liability determination on behalf of the

13 entire class and decisions recognizing the availability of class-wide general damages for

14 over-detention/unlawful incarceration. Ms. Battles was extensively involved in the

15 McKibben case on behalf of gay, bi-sexual and transgender inmates in San Bernardino 16 County Jail, which received final settlement approval in early 2019 (see ¶ 7 supra); and 17 in M.S. v. County of Ventura, 2:16-cv-03084-DSF-RAO (CD Cal.), a jail class action 18 regarding the failure to provide prompt competency mental health treatment, which is in

19 the process of being settled. (See my attached CV.). She has also worked on various

20 individual complex civil rights cases including wrongful conviction cases, O’Connell and

21 Goldstein, listed in my CV.

22

17. Ms. Battles’ work on individual civil rights cases also includes cases

23 challenging conditions for mentally ill inmates within jails. In Loberg v. County of Los

24 Angeles, in which she represented the family of a mentally ill inmate who jumped to his

25 death in a Los Angeles County jail along with Ronald Kaye of this firm, the case settled

26 for $1.7M. In Losorelli v. County of Los Angeles (2015), she and Mr. Kaye represented 27 the family of a 23-year old man who committed suicide in a Los Angeles County jail.

28 The case settled for $1.6M and likewise triggered substantial policy changes for inmates 2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 55 of 92 Page ID #:304

1 suffering from mental illnesses. She has twice received the ACLU of Southern

2 California’s Prisoner’s Rights Award for her work on behalf of inmates in Loberg and

3 McKibben

4

I declare under penalty of perjury that the foregoing is true and correct.

5

Executed on April 24, 2020, at Pasadena, California.

6

7

___________________________ Barrett S. Litt

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 56 of 92 Page ID #:305

1

EXHIBIT A:

2

3

CURRICULUM VITAE

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 57 of 92 Page ID #:306
Barrett S. Litt Kaye, McLane, Bednarski & Litt, LLP
975 East Green Street Pasadena, California 91106 Telephone: (626) 844-7660 Facsimile: (626) 844-7670
Education
1966 B.A. University of California at Berkley 1969 J.D. UCLA School of Law
Honors and Awards
1987 Pro Bono Firm of the Year Award from Public Counsel (Litt & Stormer)
1992 Civil Rights Firm of the Year Award from the NAACP Legal Defense Fund (Litt & Marquez)
1995 Public Interest Alumnus of the Year Award from UCLA School of Law
2010 California Lawyer Attorney of the Year Award (CLAY)
Recent Contributions to Professional Publications
“Class Certification in Police/Law Enforcement Cases”, Civil Rights Litigation and Attorney’s Fee Annual Handbook, Vol.18, Ch.3, West Publishing 2002
“Rights for Wrongs”, addressing issues under the California Civil Rights statutes, Los Angeles Lawyer Magazine, December 2005
“Select Substantive Issues Regarding Class Action Litigation In The Jail/Prison Setting”, National Police Accountability Project, October 2006
“Obtaining Class Attorney’s Fees,” Civil Rights Litigation and Attorney’s Fee Annual Handbook, Vol.26, West Publishing 2010
1

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 58 of 92 Page ID #:307

Professional

1/2013 to the present 2004 to 2012 1997 to 2004 1991 to 1997 1984 to 1991

Kaye, McLane, Bednarski & Litt, LLP Litt, Estuar & Kitson, LLP Litt & Associates Litt & Marquez Litt & Stormer

Licensed to practice in:

State of California U.S. District Court, Central District of California U.S. District Court, Eastern District of California U.S. District Court, Northern District of California Ninth Circuit Court of Appeals Fourth Circuit Court of Appeals Fifth Circuit Court of Appeals Eleventh Circuit Court of Appeals D.C. Circuit Court of Appeals United States Supreme Court

Admitted Pro Haec Vice in:

U.S. District of Columbia U.S. District Court, Northern District of Georgia U.S. District Court, District of Maryland U.S. District Court, Arizona

Rated “AV” by Martindale-Hubbell

Listed in Southern California Super Lawyers in the fields of civil rights and class actions for the years 2005-present.

Listed in Best Lawyers in America (Los Angeles area) in the field of civil rights.

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 59 of 92 Page ID #:308
Civil Rights Class Actions – Classes Certified and Settlements Currently Pending:
Amador v. Baca, No.: 10-1649 SVW (RC) (C.D. Calif) (pending certified class action challenging manner of searches of women inmates in outside bus bay; estimated number of class members is an estimated 94,000; 23 (b)(2) and (b)(3) classes certified; summary judgment on liability granted to Plaintiffs; $53 Million settlement has been preliminarily approved; final approval hearing scheduled for July 2020);
Roy v. Los Angeles County Sheriff’s Department, Case No.: CV 12-9012 RGK (FFMx) (pending class action for injunctive relief and damages;(b)(2) and (b)(3) classes certified in Sept. 2016; summary judgment on liability granted; settlement discussions pending);
Vu v. JD Homes, Case No.: 14CECG00062 (California Superior Court for County of Fresno) – Class action involving several thousand residential units in Fresno County alleged to be in substandard or untenantable conditions; case settled for independent inspections available to each unit, plus financial relief for former tenants; preliminary approval hearing scheduled for November 23, 2019).
Civil Rights Class Actions – Classes Certified and Case Currently Pending:
Puente v. City of Phoenix, Case 2:18-cv-02778-JJT (District of Arizona) (pending class action against the City of Phoenix for the unlawful breakup and use of force against several thousand people protesting President Trump’s attendance at a rally in 2017; class certification motion granted November 2019).
Pending Class Actions Where Class Certification has not yet been addressed:
Brewster v. City of Los Angeles, Case No.: EDCV14-2257- JGB (SPx) (class action for injunctive relief and damages for 30 day impounds of cars without a warrant; dismissal reversed by Ninth Circuit; class certification motion and motion for preliminary injunction pending; case dismissed and currently on appeal);
M.S. v. County of Ventura, No. 2:16-CV-03084-BRO-RAO(x) (C.D. Calif.) (pending class action for injunctive relief and damages for failure to provide mental health treatment to criminal defendants held in jail and found incompetent to stand trial until their mental health is restored; tentative class settlement has been reached and settlement papers in preparation)).
3

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 60 of 92 Page ID #:309
Coordinated Proceeding, County Inmate Telephone Service Cases, Case No: JCCP 4897 (Superior Court for the County of Los Angeles (nine pending class action complaints against nine counties coordinated in Los Angeles and consolidated into a single complaint alleging that the telephone charges to jail inmates and inmate callers constitute an unlawful tax under the California Constitution, seeking injunctive relief and damages; demurrer for lack of standing granted and appeal pending).
Civil Rights Class Actions – Classes Certified and Cases Resolved:
Williams v. Block, Case No.: CV-97-03826-CW (Central District of California) and related cases (a series of county jail overdetention and strip search cases, settled for $27 Million and a complete revamp of jail procedures; classes certified in conjunction with settlement; class size over 250,000);
Craft v. County of San Bernardino, 468 F.Supp.2d 1172 (C.D.Cal. 2006) (certified class action against the Sheriff of San Bernardino County for blanket strip searches of detainees, arrestees, and persons ordered released from custody; partial summary judgment decided for plaintiffs; class size approximately 150,000; $25.5 Million settlement approved April 1, 2008);
MIWON v. City of Los Angeles, Case No.: CV 07-3072 AHM (C.D. Calif.) (certified class action against City of Los Angeles and others for use of police force and related conduct at MacArthur Park on May 1, 2007; final approval of class settlement for $12,800,000 settlement granted June 24, 2009, the largest class action protest settlement in the U.S.);
Bynum v. District of Columbia, Case No.: 02-956 (RCL) (D.D.C.)( certified class action against the District of Columbia for overdetentions and blanket strip searches of persons ordered released from custody; final approval of $12,000,000 settlement occurred January 2006 );
Nozzi v. Housing Authority of the City of Los Angeles, No.:CV 07-00380 GW (C.D. Calif.) (pending certified class action against the Housing Authority for violations of due process and federal regulations by failing to provide proper notice of Section 8 rent increase affecting approximately 10,000 tenants; case dismissed on sj for defendants; reversed by Ninth Circuit; dismissed again; reversed second time in Nozzi v. Hous. Auth. of City of Los Angeles, 806 F.3d 1178 (9th Cir. 2015), as amended on denial of reh'g and reh'g en banc (Jan. 29, 2016; case pending).and summary judgment on liability ordered entered for Plaintiffs; on remand, (b)(2) and (b)(3) classes certified in Nozzi v. Hous. Auth. of the City of Los Angeles,
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No. CV 07-380 PA (FFMX), 2016 WL 2647677, at *1 (C.D. Cal. May 6, 2016)); final approval for $9.25 Million settlement granted);
Barnes v. District of Columbia, Civil Action No.: 06-315 (RCL) (D.D.C.) (class action against District of Columbia for continuing to both over-detain and strip search post-release inmates despite settlement in Bynum, supra; class certification granted; summary judgment granted Plaintiffs on most claims; case ultimately settled for $6 Million);
Lopez v. Youngblood, No.: CV07-00474 LJO (DLBx) (E.D. Calif.) (certified class action against Kern County, California, for unlawful pre-arraignment and post-release strip searches and strip searches not conducted in private; class certification and summary judgment on liability granted; approximately $7 Million settlement);
Aichele et al. v. City of Los Angeles, et al. Case No.: CV 12-10863 DMG FFM (x) (C.D. Calif.) (certified class action for injunctive relief and damages for arrests and related actions regarding the shutdown of the use of the City Hall lawn by Occupy LA; estimated class size is 300-400; class certified; $2,675,000 settlement);
Gail Marie Harrington-Wisely, et al. v. State of California, et al., Superior Court Case No.: BC 227373 (a case involving searches of visitors to California prisons utilizing backscatter x-ray methods without reasonable suspicion; injunctive relief class certified; stipulated injunction entered; partial reversal on appeal and case returned to Superior Court for determination of attorney’s fees and discrete damages claims; case settled for approximately 15 individual damages claims decertified in light of certain liability determinations on appeal; injunctive relief attorneys’ fee resolved for $4.25 Million.)
McKibben v. County of San Bernardino, Case No.: EDCV 14-2171 - JGB (SPx) (certified class action for injunctive relief and damages for unequal treatment of Gay, Bisexual and Transgender jail inmates; class size of approximately 800 people; final approval of settlement for injunctive relief, class damages and attorneys’ fees approved August 2019);
Chua et al. v. City of Los Angeles, et al. Case No.: CV-00237-JAK-GJS(x) (C.D. Calif.) (pending class action for injunctive relief and damages for arrests and related actions regarding Ferguson related protests at 6th & Hope and Beverly & Alvarado; estimated class size is 170; class certification granted; final approval of settlement granted March 16, 2020).
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Ofoma v. Biggers, Case No.: 715400 (Complex Litigation Panel) (Orange County Superior Court)(family discrimination class action settled in 1996 for damages for the individual plaintiffs and the class of residents, a consent decree and an award of attorneys’ fees);
Francis, et al. v. California Department of Corrections, et al., Case No.: BC302856 (class action against the CDC(R) for the failure to reimburse inmates assigned to the restitution centers in Los Angeles for their obligations as ordered by the court. Case was successful in bringing about the restructuring of the CDCR’s inmate accounting systems, and in the payment of restitution settlement in the amount of $325,000.)
People of the State of California v. Highland Federal Savings and Loan, Case No.: CA 718 828 (Los Angeles Superior Court)(class action filed on behalf of the People of the State of California and a class of tenants residing in several slum buildings located in Los Angeles for financing practices encouraging and perpetuating slum conditions, settled for $3.165 million after decision in People v. Highland, 14 Cal.App.4th 1692, 19 Cal. Rptr. 555 (1993) established potential liability for lenders);
Hernandez v. Lee, No.: BC 084 011 (Los Angeles Superior Court) (a class action on behalf of tenants of numerous buildings for slum conditions settled in 1998 for $1,090,000);
Mould v. Investments Concept, Inc., Case No.: CA 001 201 (Los Angeles Superior Court)(race discrimination class action on behalf of a class of applicants and potential housing applicants, settled in 1992 for a total of $850,000 for the class and a comprehensive consent decree regarding the defendants’ discriminatory policies and practices);
California Federation of Daycare Association v. Mission Insurance Co., Case No.: CA 000 945 (Los Angeles Superior Court)(class action on behalf of several thousand family daycare providers whose daycare insurance policies were canceled mid-term or were not renewed by Mission Insurance Company, settled in 1980’s for reinstatement of policies and attorney’s fees; brought at request of Public Counsel).
Multi-party Civil Rights Cases:
Hospital and Service Employees Union, SEIU Local 399, AFL-CIO v. City of Los Angeles (Los Angeles Superior Court) (a settlement in 1993 of $2.35 million against the Los Angeles Police Department for injuries to 148
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demonstrators at Century City organized by the Justice for Janitors campaign of SEIU);
Rainey v. County of Ventura, Case No.: 96 4492 LGB (C.D. Calif.)(action against County of Ventura for race discrimination on behalf of 12 police officers, settled for damages, structural relief and attorney’s fees);
Lawson v. City of Los Angeles, Case No.: BC 031 232 (Los Angeles Superior Court)(lawsuit filed in 1991 on behalf of individuals who had been subjected to what plaintiffs alleged were unlawful use of force practices by the Los Angeles Police Department’s Canine Unit, settled in 1995 for $3.6 million and comprehensive structural relief);
Tipton-Whittingham v. City of Los Angeles, Case No.: CV-94-3240 (TH)(C.D. Cal.)(sex discrimination and harassment suit against the Los Angeles Police Department, involving over 25 individual officers, as a result of which the Department has already completely revamped its antidiscrimination policies and procedures; damages claims settled for $4.85 Million in 2004 in addition to separate fee award of nearly $2 Million in 2000 for injunctive relief, resulting in decision in Tipton-Whittingham v. City of Los Angeles (2004) 34 Cal.4th 604, in which the California Supreme Court upheld catalyst fees under California law);
Hampton v. NRG (racial harassment in employment claim; jury verdict of $1,000,000 for two former employees, plus award of attorney’s fees and costs; settled in mid-‘90’s while on appeal);
Zuniga v. Los Angeles Housing Authority, 41 Cal.App.4th 2 (1995) (holding that the Housing Authority could be held responsible for injuries to tenants after the Housing Authority was put on notice that tenants were being victimized on the premises and took no reasonable measures to prevent the injury; case settled for $1,040,000);
PIN v. HACLA, Case No.: CV-96-2810 RAP (RNBx)(action against the Housing Authority of the City of Los Angeles on behalf of several hundred present or former tenants for discrimination by failing to provide adequate security for isolated minorities in housing developments, settled in 1998 for $1.3 Million plus a comprehensive structural relief settlement agreement);
Heidy v. United States Customs Serv., 681 F.Supp. 1445 (C.D.Cal. 1988) (injunction against U.S. Customs Service for policies and practices of seizing materials from persons traveling from Nicaragua in violation of the First Amendment);
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Castaneda v. Avol (Los Angeles Superior Court) (1985) (action on behalf of approximately 350 slum housing residents, settled in 1988 for a comprehensive injunction and $2.5 Million damages, plus a separate award of attorneys’ fees).
Individual Civil Rights Cases: Wrongful Conviction Cases
Craig Coley v. City of Simi Valley (wrongful conviction case of man imprisoned for 39 years for crime he did not commit; settled pre-filing for $21 Million; case handled jointly with Neufeld, Scheck & Brustin, who are based in New York);
Frank and Nicholas O’Connell v. County of Los Angeles, et al., Case No.: 13-01905-MWF (PJWx) (C.D. Cal.) (civil rights cases for police failure to turn over exculpatory information and eyewitness manipulation, resulting in murder conviction; plaintiff spent 27 years in prison before his habeas petition was granted, and he was not re-tried; suit on behalf of son as well for denial of relationship with father as result of conviction; defendants’ qualified immunity appeal rejected in Carrillo/O’Connell v. County of Los Angeles; $15 Million settlement);
Thomas Goldstein v. City of Long Beach et al., Case No.: 04-CV-9692 AHM (Ex) (C.D. Cal.) (civil rights cases for police failure to turn over exculpatory information regarding jailhouse informant perjury and eyewitness manipulation, resulting in murder conviction; plaintiff spent 24 years in prison before his habeas petition was granted, and he was not re-tried; brought in mid-way through the case to act as lead counsel; final settlement of $7.95 Million approved by the Court; Ninth Circuit recently reversed dismissal of County/DA’s Office, and case against DA settled for additional $900,000);
Bruce Lisker v. City of Los Angeles, Case No.: CV 09-9374 AHM (AJW) (C.D. Cal.) (civil rights cases for police fabrication of evidence and failure to turn over exculpatory information, resulting in murder conviction; plaintiff spent 26 years in prison before his habeas petition was granted, and he was not re-tried; 9th Circuit affirmed district court’s denial of immunity on 3/20/15; petition for en banc review denied; $7.6 Million settlement).
Consulting counsel in wrongful conviction cases of Franky Carrillo v. County of Los Angeles, CV 11-10310-SVW(AGRx) (settled for $10.1 Million), Obie Anthony v. City of Los Angeles, CV 12-01332-CBM (AJWx) (settled for $8.3 Million) and v. County of Los Angeles, CV 13-07224CBM (AJWx) )(settled for $890,000 and reform of DA practices), and
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Harold Hall v. City of Los Angeles, C.D. Cal. No. CV 05-1977 ABC, 9th Cir. No. 10-55770 (appeal from grant of summary judgment to Defendants affirmed).
Other Individual Civil Rights Cases:
McClure v. City of Los Angeles, No.: CV-92-2776-E (C.D. Cal.)(fair housing and equal protection case against City of Long Beach and its agents for preventing six group homes for Alzheimer’s victims from opening; jury verdict of $22.5 Million (reduced on remittitur to $13,826,832) plus approximately $10,000,000 in attorney’s fees and costs; settled while on appeal for $20 Million);
U.S. v. Hovsepian, 359 F.3d 1144, 1147 (9th Cir. 2004)(en banc) (successful action to naturalize individuals previously convicted of conspiracy to bomb Turkish consulate in Philadelphia), aff’d en banc after remand, 422 F.3d 883 (9/6/05);
Walker v. City of Lakewood, 263 F.3d 1005 (9th Cir. 2001) (reversing district court decision dismissing fair housing organization’s claim against city for retaliation for supporting tenants suing landlord; case subsequently settled for structural relief, damages and attorneys’ fees);
Tavelman v. City of Huntington Park (individual employment discrimination case against the City on behalf of a Jewish police officer who had been subjected to a campaign of religious harassment which was settled in mi‘90’s for $350,000);
Ware v. Brotman Medical Center (Los Angeles Superior Court) (1993 $2.5 million jury verdict against hospital for removal of hospital privileges of black doctor; settled for $1.75 million);
Mathis v. PG&E (1991 $2 million verdict against PG&E for barring contract employee from Diablo Canyon Nuclear Power Plant; reversed by the Ninth Circuit);
Macias v. State of California (Los Angeles Superior Court) (action against the State of California and others for blinding of young man as a result of exposure to malathion spray, a portion of which was decided in Macias v. State of California, 10 Cal.4th 844 (1994));
Melgar v. Klee (Los Angeles Superior Court) (1988) ($1.5 million jury verdict against Los Angeles Police Department for police shooting; settled for $1.45 million).
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Selected Civil Rights Decisions (from 1995 forward): Aichele v. City of Los Angeles, 2013 WL 2445195 (C.D. Cal. June 5, 2013); Amador v. Baca, No. CV-10-1649 SVW, 2014 WL 10044904 (C.D. Cal. Dec. 18, 2014) (order certifying class [later decertified and then recertified[); Amador v. Baca, No. CV 10-01649-SVW-JEM, 2017 WL 9472901 (C.D. Cal. June 7, 2017)(order granting summary judgment on liability to Plaintiffs on behalf of class of women inmates who were strip/visual body cavity searched without privacy); Biggs v. Best, Best & Krieger, 189 F.3d 989 (9th Cir. 1999); Bynum v. Dist. of Columbia, 384 F.Supp.2d 342 (D.D.C. 2005); Bynum v. District of Columbia, 412 F.Supp.2d 73 (D.D.C. 2006); Carrillo v. Cty. of Los Angeles, 798 F.3d 1210 (9th Cir. 2015); Chua v. City of Los Angeles, No. LACV1600237JAKGJSX, 2017 WL 10776036 (C.D. Cal. May 25, 2017) (Order certifying class); Craft v. Cnty. of San Bernardino, EDCV 05-359 -SGL, 2006 WL 4941829 (C.D. Cal. Mar. 23, 2006); Craft v. County of San Bernardino, 468 F.Supp.2d 1172 (C.D.Cal. 2006); Craft v. Cnty. of San Bernardino, 624 F. Supp. 2d 1113 (C.D. Cal. 2008); Goldstein v. City of Long Beach, 603 F. Supp. 2d 1242 (C.D. Cal. 2009); Goldstein v. City of Long Beach, CV 04-9692AHM, 2010 WL 3952888 (C.D. Cal. Apr. 9, 2010) Goldstein v. City of Long Beach, 715 F.3d 750 (9th Cir. 2013) Haynie v. Superior Court, 26 Cal.4th 1061 (Cal. S. Ct. 2001); Jones v. Murphy, 256 F.R.D. 519 (D. Md. 2009) Jones v. Murphy, 470 F.Supp.2d 537 (D.Md. 2007); Jones v. Murphy, 567 F. Supp. 2d 787 (D. Md. 2008); West v. Murphy, 771 F.3d 209 (4th Cir. 2014) Lisker v. City of Los Angeles, CV 09-09374 AHM AJWX, 2011 WL 3420665 (C.D. Cal. Aug. 4, 2011);
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Lisker v. City of Los Angeles, CV 09-09374 AHM AJWX, 2012 WL 3588560 (C.D. Cal. Aug. 20, 2012); Lisker v. City of Los Angeles, 2:09-CV-09374-ODW, 2014 WL 293463 (C.D. Cal. Jan. 27, 2014) Lisker v. City of Los Angeles, 780 F.3d 1237 (9th Cir. 2015) Lopez v. Youngblood, 609 F.Supp.2d 1125 (E.D.Cal. 2009); Lopez v. Youngblood, 2011 WL 10483569 (E.D. Cal. Sept. 2, 2011) Macias v. State of California, 10 Cal.4th 844 (Cal. S. Ct. 1995). Mathis v. Pacific Gas and Elec. Co., 75 F.3d 498 (9th Cir. 1996); Multi-Ethnic Immigrant Workers Org. Network v. City of Los Angeles, 2009 WL 1065072 (C.D. Cal. Mar. 19, 2009) Nozzi v. Hous. Auth. of City of Los Angeles, 425 F. App'x 539, 540 (9th Cir. 2011) Nozzi v. Hous. Auth. of City of Los Angeles, 806 F.3d 1178 (9th Cir. 2015), as amended on denial of reh'g and reh'g en banc (Jan. 29, 2016) Powell v. Barrett, 376 F.Supp.2d 1340 (N.D.Ga. 2005); Powell v. Barrett, 496 F.3d 1288 (11th Cir. 8/23/07) Powell v. Barrett, 541 F.3D 1298 (11th Cir. 2008) (en banc) [overruling a portion of the preceding panel decision; after remand to the panel, remaining issues remanded to the District Court]; Rodriguez v. Cty. of Los Angeles, 96 F. Supp. 3d 1012 (C.D. Cal. 2014), aff'd, 891 F.3d 776 (9th Cir. 2018) (order awarding 5,378,174.66 in attorney’s fees); Rodriguez v. Cty. of Los Angeles, 891 F.3d 776, 784 (9th Cir. 2018) (upholding jury verdict for LASD inmates beaten in violation of the Eighth Amendment and attendant award of attorney’s fees); Roy v. Cty. of Los Angeles, No. CV1209012ABFFMX, 2018 WL 3435417 (C.D. Cal. July 11, 2018) (grant of motion to modify class definition); Roy v. Cty. of Los Angeles, 114 F. Supp. 3d 1030, 1032 (C.D. Cal. 2015) (granting part and denying in part motion for judgment on the pleadings);
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Roy v. Cty. of Los Angeles, No. CV1209012ABFFMX, 2018 WL 914773, at *1 (C.D. Cal. Feb. 7, 2018), reconsideration denied, 2018 WL 3439168 (C.D. Cal. July 11, 2018) (order granting in part summary judgment on liability); Roy v. Cty. of Los Angeles, No. CV1209012ABFFMX, 2018 WL 3436887 (C.D. Cal. July 11, 2018) (order denying decertification of class); Silva v. Block, 49 Cal.App.4th 345 (1996); Streit v. County of Los Angeles, 236 F.3d 552 (9th Cir. 2001); Tipton-Whittingham v. City of Los Angeles, 316 F.3d 1058 (9th Cir. 2003); Tipton-Whittingham v. City of Los Angeles, 34 Cal.4th 604 (2004); U.S. v. Hovsepian, 359 F.3d 1144 (9th Cir. 2004) (en banc); U.S. v. Hovsepian, 422 F.3d 883 (9th Cir. 2005) (en banc); Walker v. City of Lakewood, 272 F.3d 1114 (9th Cir. 2001); Zuniga v. Housing Authority, 41 Cal.App.4th 82 (1995);
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EXHIBIT 3

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Legal Employment

Eric Balaban ACLU National Prison Project
915 15th St NW Washington, D.C. 20005

ACLU National Prison Project, Washington, D.C. Senior staff counsel (2005-present) Staff counsel (1996-2005) Fellow (1994-96)

I have represented over 75,000 prisoners nationwide in federal class action lawsuits challenging unconstitutional and unlawful conditions of confinement. As class counsel, I have been responsible for all phases of litigation, from pre-filing investigations, through discovery, motion, trial, and appellate practice. I also coordinate the ACLU NPP’s national advocacy campaigns to combat debtor’s prisons and to right-size jails. Since 2000, I have served as the office’s law student and fellow coordinator, recruiting, hiring and supervising law students and junior attorneys who work in our office.

I have served as counsel in the following cases, among others:

United States Supreme Court and Courts of Appeals

Martin v. Hadix, 527 U.S. 343 (1999) (holding fees provisions of the Prison Litigation Reform Act (PLRA) apply retroactively) (co-author of brief on behalf of the American Civil Liberties Union as amicus curiae)

Montana State Prison Inmates v. State of Montana, Department of Correction Personnel, No. 0625182, 2007 WL 1122506 (9th Cir. Apr. 17, 2007) (upholding denial of motion to terminate consent decree requiring Montana officials to comply with the Americans with Disabilities Act at the state’s largest prison) (lead counsel)

Gomez v. Vernon, 255 F.3d 1115(9th Cir. 2001) (upholding individual relief and sanctions orders against defendants’ counsel in class action retaliation lawsuit on behalf of Idaho prisoners) (cocounsel and co-author of appellate brief)

Amos v. Maryland Dep’t of Public Safety and Corr. Svcs., 126 F.3d 589 (4th Cir. 1997) (upholding judgment on behalf of disabled prisoners remedying inaccessible cells and facilities under the Rehabilitation Act and the Americans with Disabilities Act) (co-counsel and principal author of appellate brief)

United States District Court Cases

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Graves v. Penzone, 48 F. Supp. 3d. 1318 (D. Ariz. 2014) (lead counsel in class action challenging inadequate health care and hazardous conditions on behalf of pretrial detainees housed at the Maricopa County Jail. Lead trial counsel for multi-week trial in February 2014 on Defendants’ motion to terminate, handling briefing, direct and cross examination and arguments related to Plaintiffs’ mental health claims. Defendants’ motion was denied in September 2014, and the court entered a detailed implementation order requiring over two dozen specific improvements to health care policies and practices.)
Carty v. Bryan, No. 94-78, 2007 WL 817607 (D.V.I. Feb 27, 2007), 144 F. Supp. 2d 395 (D.V.I. 2001) (lead counsel in class action challenging conditions for prisoners held at two U.S. Virgin Islands correctional facilities. I handled direct and cross-examinations and arguments at evidentiary hearings that resulted in the court holding defendants in contempt three times of various remedial orders. Lead negotiator for comprehensive settlement agreement requiring improvements in every aspect of operations at the facilities. Trial counsel for quarterly evidentiary hearings. Monitoring and enforcement activities are ongoing).
Carruthers v. Tony, No. 76-6086, 2017 WL 3531471 (S.D. Fla. Aug. 15, 2017), 209 F. Supp. 2d 1294 (S.D. Fla. 2002), (lead counsel in challenge to conditions at the Broward County, Fla. Jail. Under the case, defendants terminated their contract with the medical provider after a series of preventable deaths, and have implemented criminal justice reforms that reduced the jail population by over 20%. Lead negotiator of stipulations resolving defendants’ motion to terminate the case, resulting in ongoing monitoring and enforcement).
Langford v. Bullock, No. 93-46 (D. Mont.) (lead counsel in class action to conditions at the Montana State Prison in Deer Lodge, MT. Under the case, defendants constructed an infirmary and medical services center, drafted and implemented health care policies, and hired a medical director. The case now focuses on discrimination against disabled prisoners in violation of the Americans with Disabilities Act. A comprehensive settlement addressing the ADA claims was reached in February 2018. Monitoring and enforcement are ongoing).
Rosas v. Villanueva, No. 012-cv-0428 (C.D. Cal) (co-lead counsel in class action challenging a long-standing pattern of systematic and excessive use of force by officers against prisoners held at three Los Angeles County Jail facilities. Plaintiffs’ investigative work on deputy-on-prisoner violence triggered an ongoing federal criminal investigation. Settlement was approved in April 2015. Monitoring is ongoing).
Dockery v. Hall, Civil Action No. 3:13-cv-00326-WHB-JCG (S.D. Miss.) (co-lead counsel in class action lawsuit challenging unconstitutional conditions at the East Mississippi Correctional Facility, the state’s designated facility to house the most seriously mentally ill prisoners. Claims include inadequate medical and mental health care, hazardous environmental conditions, excessive use of force, improper use of solitary confinement, and failure to protect prisoners from violence. Seven-week trial concluded on April 9, 2018. Entered case as co-lead counsel four months before trial. I am responsible for all aspects of the case, and co-led an 11-member trial team).
Hernandez v. County of Monterey, 110 F. Supp. 3d 929 (N. D. Cal 2015) (co-counsel in class action lawsuit challenging unconstitutional and illegal conditions at the Monterey County Jail.
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Claims include inadequate medical and mental health care, failure to protect prisoners from violence, and ADA violations The complaint was filed in May 2013. Principal author of preliminary injunction motion to address hazards in suicide prevention, tuberculosis control, continuity of medications, treatment of detoxifying prisoners, and ADA discrimination. Preliminary injunction granted in April 2015. Comprehensive settlement reached in May 2015.)
Gomez v. Vernon, No. 91-299 (D. Idaho) (co-counsel in class action alleging retaliation against Idaho prisoners; extensive discovery and motion practice. I handled direct and cross examinations and arguments during a seven-week trial.)
Austin v. Department of Corrections, 876 F. Supp. 1437 (E.D. Pa. 1995), (co-counsel responsible for mental health monitoring in statewide challenge to conditions of confinement in thirteen Pennsylvania state prisons).
Goldsmith v. Dean, No. 93-CV-383 (D. Vt.) (co-counsel in statewide lawsuit challenging conditions at DOC facilities, including first-ever class action challenge to prison-based sex offender treatment program. I handled direct and cross-examinations and arguments at an evidentiary hearing on plaintiffs’ preliminary injunction motion, after which defendants ceased complained-of practices in the sex offender program. A comprehensive settlement was reached in 1996 and the case was terminated in 2001 after defendants substantially complied with the settlement).
Hamilton v. Morial, No. 69-2664 (E.D. La.) (lead counsel in class action on behalf of prisoners held at the Orleans Parish Prison challenging inadequate health care, failure to protect, and environmental hazards. Responsible for compliance monitoring in the case from 2004-06. Comprehensive remedial orders were entered in 1990, 1991, and 1994, and case was dismissed in 2006).
Academic Appointments
Georgetown University Law Center, Washington, D.C. Adjunct Professor of Law (Fall 2015-present)
I teach Prison Reform Advocacy and Litigation, a course with both classroom and fieldwork practicum components.
Harvard Law School, Cambridge, MA. Wasserstein Public Interest Fellow (Fall 2017)
I served as a Wasserstein Public Interest Fellow, advising Harvard Law students in a program on public interest careers.
Publications
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Journal Articles and Reports
Freeing the Most Vulnerable: Litigation Tools to Reduce the Disabled Prisoner Population, 1 UCLA Criminal Justice Law Review 1 (2017)
Shining a Light into Dark Corners: A Practitioner’s Guide to Successful Advocacy to Curb Debtor’s Prisons, 15 Loyola J. Public Interest Law No. 2 (Spring 2014)
Off the Record: Profiteering and Misconduct in Ohio’s Mayor’s Courts (ACLU 2019) (co-author), available at https://www.acluohio.org/wpcontent/uploads/2019/04/Report_OffTheRecordProfiteerinAndMiscon ductInOhiosMayorsCourts_FINAL_2019-0415.pdf
In for a Penny: The Rise of America’s New Debtor’s Prisons (ACLU 2010) (co-author), available at http://www.aclu.org/files/assets/InForAPenny_web.pdf
Abandoned and Abused: Orleans Parish Prisoners in the Wake of Hurricane Katrina (ACLU 2006) (co-author), available at http://www.aclu.org/prisoners-rights/abandoned-abused-complete-report
Selected Short Pieces
Broward County Jail: A COVID-19 Time bomb, Florida Sun Sentinel, Apr. 3, 2020 (op ed.)
Time Has Come to Save Mentally Ill Inmates from Solitary Confinement, Arizona Capitol Times, Feb. 27, 2018 (op ed.)
How Officials Use a Dubious Condition to Explain Stun Gun Deaths, The Guardian, Sep. 20, 2015 (op ed.)
Eric Balaban and Benjamin Currence, The V.I. Should Raise the Pay for BOC Officers, Virgin Islands Daily News, Sep. 10, 2015 (op ed.)
A Living Nightmare for V.I. Prisoners, Virgin Islands Daily News, Dec. 29, 2014 (op ed.)
Eric Balaban and Michelle Welsh, Expanding Monterey County Jail a Bad Idea, Monterey County Herald, Aug. 9, 2013 (op ed.)
Eric Balaban and Ryan Kiesel, Tulsa Should Stop Debtor’s Prison Practices, Tulsa World, Nov 12, 2013 (op ed.)
Eric Balaban and Lauren Kuhlik, No One Should be Forced to Give Birth Alone in a Jail Cell (ACLU blog post May 9, 2019), available at https://www.aclu.org/blog/prisoners-rights/women-prison/noone-should-be-forced-give-birth-alone-jail-cell
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Eric Balaban and Stephanie Wylie, A Mentally Ill Man in Solitary Cut off a Body Part at the Broward County Jail (ACLU blog post Mar. 28, 2019), available at https://www.aclu.org/blog/prisonersrights/medical-and-mental-health-care/mentally-ill-man-solitary-cut-body-part-broward
Eric Balaban and Ryan Kendall, Brutality Against Prisoners is Often Unseen. In this Virgin Islands Jail, It was Caught on Video (ACLU blog post Dec. 19, 2018), available at https://www.aclu.org/blog/prisoners-rights/brutality-against-prisoners-often-unseen-virgin-islandsjail-it-was-caught
How a Montana Prison is Reforming its Treatment of People with Disabilities (ACLU blog post June 20, 2018) available at https://www.aclu.org/blog/disability-rights/disability-rights-and-criminaljustice/how-montana-prison-reforming-its
Victory at Sheriff Joe Arpaio’s Jails, Where Too Many Have Suffered and Died from Neglect (ACLU blog post Oct. 3, 2014), available at https://www.aclu.org/blog/victory-against-sheriff-joe-arpaiosjails-where-too-many-have-suffered-and-died-neglect
Carl Takei and Eric Balaban, Shocking Video from a Maine Prison Shows a Restrained Prisoner Being Tortured with Pepper Spray (ACLU blog post Apr. 3, 2013), available at https://www.aclu.org/blog/shocking-video-maine-prison-shows-restrained-prisoner-being-torturedpepper-spray
Eric Balaban and Gabe Eber, Marty Atencio (1967-2011): Another Victim of Sheriff Joe Arpaio’s Jails (ACLU blog post Oct. 23, 2012), available at https://www.aclu.org/blog/marty-atencio-19672011-another-victim-sheriff-joe-arpaios-jails
Eric Balaban and Cory Stoughton, Long Island Should Break its Addiction to Incarceration (ACLU blog post May 2, 2012), available at https://www.aclu.org/blog/long-island-should-break-itsaddiction-incarceration
Selected Press and Invited Public Appearances
UDC David A. Clarke School of Law, “Incarceration and Religious Freedom,” plenary (February 2, 2019)
University of Virginia School of Law, “Life as a Prisoner’s Rights Lawyer,” (October 23, 2017)
Harvard Law School, “Challenging Debtor’s Prisons” (September 27, 2017)
National Disability Rights Network, “Using the Americans with Disabilities Act to Decarcerate,” annual national conference (June 13, 2017)
ACLU National Staff Conference, “Stay Out, Get Out: Using the ADA to Reduce Incarceration,” (CLE speaker) (April 27, 2017)
5

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 75 of 92 Page ID #:324
UCLA School of Law, “Decarceration and Disability,” symposium (Sept. 24, 2016) Bazelon Center for Mental Health Law, “Strategies to Reduce the Number of Mentally Ill in Our Prisons and Jails,” (Mar. 2, 2016) National Consortium on Racial and Ethnic Fairness in the Courts, “Challenges for Low-Income Populations in the Criminal Justice System,” 26th Annual Conference, Cody, Wyo. (June 27, 2014) Loyola University College of Law, “The Re-Emergence of Debtor’s Prisons,” symposium (Feb. 8, 2014) Sargent Shriver National Center on Poverty Law, “Trapped: The Effect of Criminal Debt on ReEntry,” symposium (Sept. 12, 2013) Yale Law School, “States, Minds, State of Mind: Mental Health as a Human Right,” symposium (Mar. 24, 2012) Tulane Law School, “The Rise of New Debtor’s Prisons,” symposium (Apr. 16, 2010) American Association of Psychiatry and the Law, “A Cold Shoulder: ICE and Detainee Psychiatric Services,” 40th Annual Meeting (Nov 1, 2009) ACLU National Staff Conference, “Investigating Medical and Mental Health Claims in Prisons and Jails,” (CLE speaker) (Jan. 28, 2009) UDC David A. Clarke School of Law, “Katrina’s Wake: Emergency Preparedness and Response from the Bayou to the Beltway,” symposium (Feb. 29, 2008) Invited witness, Hearings on Bureau of Corrections, Public Safety, Homeland Security and Justice Committee, 28th Legislature of the U.S. Virgin Islands (Jan. 16, 2008) ACLU National Membership Conference, “Orleans Parish Prison After Katrina,” (Jan. 25, 2007) Virginia Bar Association, “After the Hammer Falls: Assisting Your Incarcerated Client,” (CLE speaker) (June 2003) National Public Radio, Reports of Squalid Conditions at New Orleans Prison, available at http://www.npr.org/templates/story/story.php?storyId=12890196 National Public Radio, Death by Excited Delirium: Diagnosis or Cover-Up, available at http://www.npr.org/templates/story/story.php?storyId=7608386 National Public Radio, Lacking Option, Officials Keep Schizophrenic in Jail, available at http://www.npr.org/templates/story/story.php?storyId=17357398
6

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 76 of 92 Page ID #:325
I have also spoken at Georgetown University Law Center, American University School of Law, Howard University School of Law, and the University of Maryland School of Law, among others. I have appeared on CNN, the Today Show, and numerous local news affiliates. I have been quoted in Rolling Stone, Slate, Huffington Post, The New York Times, Washington Post, Los Angeles Times, Chicago Tribune, San Francisco Chronicle, Philadelphia Enquirer, Florida Sun Sentinel, Arizona Republic, and New Orleans Times Picayune, among others.
Education University of Pennsylvania (B.A., American History, summa cum laude with honors 1989) Phi Beta Kappa Winner of the Thomas Cochrane Prize for Best Honors Thesis in American History University of Virginia School of Law (J.D. 1993) Research Associate, Institute of Law, Psychiatry and Public Policy Bar Membership and Admissions Maryland (1994) Pennsylvania (1994-inactive) United States Supreme Court United States Courts of Appeals for the Fourth, Ninth, and Eleventh Circuits Numerous United States District Courts
7

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 77 of 92 Page ID #:326

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4 Shaleen Shanbhag SBN 301047

5

Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Avenue

6 Pasadena, California 91103

7

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

8

9 Barrett S. Litt, SBN 45527 blitt@kmbllaw.com
10 Lindsay Battles, SBN 262862

11 Kaye, McLane, Bednarski & Litt, LLP

12

975 East Green St. Pasadena, California 91106

13 Telephone: (626) 844-7660

14 Facsimile: (626) 844-7670

15

Attorneys for Plaintiffs Other Counsel on Following Page

16

17

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

18 RODNEY CULLORS, DENEAL 19 YOUNG, JESSICA HAVILAND,

Case No.: 20-cv-3760

20 21 22

RANY UONG, MARK AVILA, CAROLE DUNHAM, LEANDREW LEWIS, VICTOR GUTIERREZ, JEREMIAH FARMER, on behalf of themselves and all others similarly

DECLARATION OF CATHERINE SWEETSER IN SUPPORT OF MOTION FOR CLASS CERTIFICATION

23 situated, DIGNITY AND POWER

24 NOW, YOUTH JUSTICE

25

COALITION, Plaintiffs,

26

vs.

27

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF

28 ALEX VILLANUEVA, and DOES

1-10, inclusive,

Defendants.

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 78 of 92 Page ID #:327

1 [Additional Counsel continued from previous page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

3 ACLU OF SOUTHERN CALIFORNIA Katherine C. Hubbard, Esq. [S.B.

4

1313 W. 8th St. Los Angeles, CA 90017

#302729] CIVIL RIGHTS CORPS

5 Telephone: (213) 977-9500

1601 Connecticut Ave. NW, Ste. 800

6

Facsimile: (213) 977-5299 Email: peliasberg@aclu.sc.org

Washington, DC 20009 Telephone: (202) 894-6126

7

Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org

8

katherine@civilrightscorps.org

9 Catherine Sweetser, SBN 271142

10

Alicia Virani, SBN 281187 Aaron Littman, SBN 330283

11 UCLA LAW CLINICS

12

385 Charles E. Young Drive East Los Angeles, CA 90095

13 (310) 825-9562

14

Email: csweetser@sshhlaw.com virani@law.ucla.edu

15

littman@law.ucla.edu

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

16 Andrea Woods, Esq.*

17

AMERICAN CIVIL LIBERTIES UNION

18

125 Broad Street, 18th Floor New York, NY 10004

19 Telephone: (212) 549-2528

20

Facsimile: (212) 607-3329 Email: awoods@aclu.org

21 22 *pro hac vice applications forthcoming

23

24

25

26

27

28

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 79 of 92 Page ID #:328

1

DECLARATION OF CATHERINE SWEETSER

2 I, Catherine Sweetser, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would testify

4 competently thereto:

5 1. I am an attorney at the UCLA School of Law and of counsel at Schonbrun Seplow

6 Harris Hoffman & Zeldes LLP. Until Dec. 31, 2019, I was a partner at Schonbrun

7 Seplow Harris & Hoffman LLP and litigated a number of class actions for injunctive

8 relief while at the firm.

9

10

2. At UCLA School of Law, I work with Alicia Virani, Associate Director of the

11 Criminal Justice Program and Director of the Bail Practicum, and Aaron Littman, Binder

12 Clinical Teaching Fellow and instructor of the Civil Rights and Police Accountability

13 clinic and the Ninth Circuit Prisoners’ Rights Clinic. Our clinics operate under the

14 umbrella of the UCLA Law Clinics. Ms. Virani, Mr. Littman and I all have extensive

15 experience which recommends us as class counsel. All of us are admitted to the

16 California State Bar as well as in the Central District of California.

17 3. Together with Barry Litt and Dan Stormer, among others, I was one of the

18 attorneys for the class when my firm, Schonbrun Seplow Harris & Hoffman LLP was

19 appointed class counsel for a class action protest case in Aichele v. City of Los Angeles,

20 314 F.R.D. 478, 497 (C.D. Cal. 2013). More recently, I was one of the counsel

21 representing the class in Chua v. City of Los Angeles, Case No. 2:16-cv-00237-JAK-GJS

22 (C.D. Cal. 2017).

23

4. I also have experience litigating injunctive relief on behalf of vulnerable

24

25 populations and in litigating policy changes with local governments. Cases in which I

26 have litigated on behalf of vulnerable populations include Mitchell v. City of Los

27 Angeles, No. 16-07350 (C.D. Cal), and Orange County Catholic Worker v. County of

28

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 80 of 92 Page ID #:329
1 Orange, No. 8:17-cv-1340 (C.D. Cal). Both resulted in settlements which governed how 2 the local government handled the constitutional rights of homeless populations. 3 5. My colleague Aaron Littman has significant experience representing classes of 4 prisoners and litigating challenges to law enforcement actions. From 2017 to 2019, Mr. 5 Littman was a staff attorney in the impact litigation unit of the Southern Center for 6 Human Rights (SCHR), a non-profit located in Atlanta, Georgia. See Georgia Advocacy 7 Office v. Jackson, 1:19-cv-01634 (N.D. Ga.) (represented putative class dozens of 8 9 mentally ill women in case regarding their treatment in jail in Fulton County, Georgia, 10 obtained preliminary injunctive relief); K.A. v. Hobby, 1:17-cv-00099 (M.D. Ga.) (lead 11 counsel, appointed class counsel, represented approximately 800 high school students in 12 suspicionless mass search case in Worth County, Georgia); Gumm v. Jacobs, 5:15-cv13 00041 (M.D. Ga.) (appointed class counsel, represented over 100 prisoners in 14 challenging long-term solitary confinement in the Georgia Department of Corrections’ 15 Special Management Unit, negotiated consent decree with significant reforms to 16 conditions and procedures); Calhoun v. Pennington, 1:09-cv-03286 (N.D. Ga.) 17 (represented group of individual bar patrons in suspicionless mass search case in 18 enforcing consent decree); Maynor v. Morgan County, Ala., 5:01-CV-00851 (N.D. Ala.) 19 (represented class of jail detainees in conditions case in enforcing consent decree). 20 While at SCHR, he also represented multiple clients in post-conviction proceedings, and 21 attended an intensive class action training sponsored by the Impact Fund. 22
6. My colleague Alicia Virani also has extensive experience in representing 23 24 prisoners. She began her career working in juvenile justice and education rights law as a 25 Staff Attorney at the California Conference for Equality and Justice. Starting in 26 September 2014, she transitioned to working as a Deputy Public Defender in the Office 27 of the Orange County Public Defender, and continued there until January 2018. 28
3

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 81 of 92 Page ID #:330

1 7. At the Orange County Public Defender’s Office, Ms. Virani was a criminal

2 defense attorney and litigated 22 jury trials in addition to numerous pre-trial motions,

3 and also worked in the civil system as counsel for parents in the dependency system. In

4 this role, Ms. Virani litigated over 50 hearings to protect the rights of her clients.

5

8. At UCLA School of Law, Ms. Virani co-teaches a practicum on bail, which is an

6 experiential learning course where she supervises students in their representation of

7 individuals in felony bail hearings in the Los Angeles Superior Court.

8

9

9. UCLA Law Clinics have led the research and factual investigation at the CRDF

10 facility and have been participating integrally in the case. As the crisis continues, we are

11 committed to expending both student and faculty time and resources to ensure the health

12 and safety of persons in the Los Angeles County Jails.

13 10. Attached as exhibit A to this declaration are true and correct copies of the

14 resumes of myself, Aaron Littman, and Alicia Virani.

15 I declare under the penalty of perjury under that the foregoing is true and correct.

16

Executed this 24th day of April 2020, at Los Angeles, California.

17

18

__/_s/_C_a_t_h_er_in_e_S_w__ee_t_se_r____________

19

Catherine Sweetser

20

21

22

23

24

25

26

27

28

4

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 82 of 92 Page ID #:331

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

EXHIBIT A

5

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 83 of 92 Page ID #:332
CATHERINE SWEETSER
UCLA School of Law, 385 E. Charles Young Dr. East, Los Angeles, CA 90095; sweetser@law.ucla.edu
EXPERIENCE
UCLA School of Law, Promise Institute for Human Rights, Los Angeles, California, Deputy Director, Jan. 1, 2020—present Director, Human Rights Litigation Clinic, Jan. 1, 2020—present
SCHONBRUN, SEPLOW, HARRIS AND HOFFMAN LLP, Los Angeles, California, Of Counsel, Jan. 1, 2020—present Partner, January 1, 2016—December 31, 2020 Associate, April 30, 2012—December 31, 2015 Litigated cases concerning human rights and civil rights, in particular concerning the scope of the Alien Tort Statute, human trafficking, police brutality, First Amendment rights, and the civil rights of the homeless. Drafted briefs and petitions at all levels of both state and federal court, including the Ninth Circuit, D.C. Circuit, and United States Supreme Court; argued an appeal in California state court; argued and won numerous motions in federal court; took and defended depositions; second chair at trial in one case, third chair in several others, and lead counsel in several others that settled and did not go to trial.
INTERNATIONAL HUMAN RIGHTS CLINIC, UC IRVINE SCHOOL OF LAW, Irvine, California Director, January 2019—December 31, 2020 Co-Director, August 2013—May 2018 Co-director with Paul Hoffman of the International Human Rights Clinic at UC Irvine. Prepared reading materials and lesson plans, led clinic seminar, and supervised and assisted students in drafting and filing Inter-American Commission for Human Rights (IACHR) petitions, appellate briefs, and petitions for certiorari to the Supreme Court, and in preparing memos for nonprofit partners.
ALTSHULER BERZON, San Francisco, California Associate, Sept. 7, 2010—January 31, 2012 Attorney focusing on labor law; drafted briefs in both state and federal court; handled cases before the NLRB.
CHAMBERS OF THE HONORABLE JUDITH W. ROGERS, U.S. COURT OF APPEALS FOR THE D.C. CIRCUIT, Law Clerk, Aug. 10, 2009 –Aug. 6, 2010

EDUCATION

NEW YORK UNIVERSITY SCHOOL OF LAW, New York, New York

LL.M., Jan. 2010

J.D., May 2008, magna cum laude

Honors:

Order of the Coif

Jerome Lipper Prize (for outstanding work in the field of International Law)

Florence Allen Scholar (Top ten percent of the class based on first four semesters of law school)

Pomeroy Scholar (Top ten students in class based on first two semesters of law school)

YALE UNIVERSITY, New Haven, Connecticut

B.A. in Political Science and International Studies, magna cum laude, May 2005

Senior Theses: Prospects for African Union Peacekeeping: The Mission in Burundi and Dependence on Western Support and The United

Nations Operation in Burundi: Implications for Prediction of Peacekeeping Success.

Honors:

Phi Beta Kappa

PUBLICATIONS Reply: Humanity as the Alpha and Omega of Sovereignty, 20 EUR. J. INT’L L. 549 (2009).
Providing Effective Remedies to Victims of Abuse by Peacekeeping Personnel, 83 N.Y.U. L. REV. 1643 (2008).

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 84 of 92 Page ID #:333
CATHERINE SWEETSER
UCLA School of Law, 385 E. Charles Young Dr. East, Los Angeles, CA 90095; sweetser@law.ucla.edu
PRESENTATIONS
Guest Lecturer on Corporate Accountability, Loyola Marymount University, BADM 4950, Business and Social Responsibility in the Global Society (February 2017 and January 2018) and BADM 3040, Management and Society (January 2019)
“Litigating Human Rights in the Federal Courts,” Duke University School of Law, Human Rights in Practice Speaker Series, October 25, 2018.
“Alien Tort Statute: Updates and Projections,” UCLA School of Law, International Human Rights Clinicians Conference, April 29, 2018.
“Fighting for Human Rights through the United States Courts,” Santa Monica College, March 29, 2018.
“Homelessness: Problems and Solutions,” UC Irvine School of Law, Martin Luther King Jr. Teach-In and Training, January 13, 2018.
“Using U.S. Domestic Liability as a Means for Accountability of International Human Rights Violations,” UC Davis School of Law, Journal of International Law and Policy Symposium, February 3, 2017.
“Global Human Rights Litigation and Enforcement,” Society for Business Ethics Annual Conference, August 6, 2016.
“Keynote: International Human Rights Law and Local Action”, Chapman University and CSU Fullerton UN Association Chapters, Symposium: the United Nations at Seventy, October 24, 2015.
“Protecting the Right to Vote as a Human Right,” Los Angeles Law Library Law Week Human Rights Panel, Los Angeles, California, May 2, 2014.
“Arbitrary Detention in the United States: Mirmehdi v. United States in Domestic and International Tribunals”, Panel Organized by the UCLA International Human Rights Clinic, Los Angeles, California, April 22, 2014.
“Workers’ Rights As Human Rights”, Human Rights for Legal Aid Attorneys, conference organized by the Local Human Rights Lawyering Project, Irvine, California, July 18, 2013.
“Deference in U.S. Domestic Courts and Implications for Legality Review”, Global Administrative Law—Viterbo V Seminar, Viterbo, Italy, June 12, 2009.
“Ashwander at the International Tribunal: Interpreting Bilateral Investment Treaties to Avoid Domestic Constitutional Questions”, New York University – University of Cape Town Global Administrative Law Workshop, Cape Town, South Africa, March 18, 2008.
“Ensuring Accountability of Peacekeeping Personnel for Human Rights Violations”, Best Paper, Emerging Human Rights Scholarship Conference, Center for Human Rights & Global Justice, New York, New York, April 6, 2007.
BAR ADMISSIONS New York State Bar, July 13, 2009. California State Bar, October 26, 2010.
LANGUAGES Proficient in Spanish.

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 85 of 92 Page ID #:334
AARON LITTMAN
UCLA School of Law 385 Charles E. Young Drive East Los Angeles, California 90095
littman@law.ucla.edu (310) 825-9562
EMPLOYMENT
UCLA School of Law Binder Clinical Teaching Fellow, 2019-Present Deputy Director, COVID Behind Bars Data Project, 2020-Present
Southern Center for Human Rights Staff Attorney, Impact Litigation Unit, 2017-2019
The Honorable Myron Thompson U.S. District Court for the Middle District of Alabama Law Clerk, 2015-2017
The Honorable Stephen Reinhardt U.S. Court of Appeals for the Ninth Circuit Law Clerk, 2014-2015
EDUCATION
Yale Law School, J.D., 2014
Senior Editor, Yale Law Journal Worker and Immigrant Rights Advocacy Clinic, 2012-2014 Teaching Assistant, Professor Judith Resnik (Federal Courts) Research Assistant, Professor James Forman, Jr. (Locking Up Our Own) Justice Stevens Fellow, American Civil Liberties Union, Immigrants’ Rights Project Legal Intern, U.S. Department of Justice, Civil Rights Division, Special Litigation Section
University of Cambridge, M.Phil. in Criminological Research, 2011
Lopez-Rey Prize (proxime accessit) for best performance, Institute of Criminology Lewis-Thomas Law Scholar, Sidney Sussex College
Yale College, B.A. in Political Science, magna cum laude, 2010
Clement Prize for best thesis on U.S. Constitution, Political Science Department Staden Cup for moral and intellectual conscience, Ezra Stiles College Liman Fellow, Equal Justice Initiative

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 86 of 92 Page ID #:335
PUBLICATIONS
(De)carceral Jail Administration (work in progress)
Prison Visitation Policies: A Fifty State Survey, 32 YALE LAW AND POLICY REVIEW 149 (2013), reprinted in PRISONERS AND THE LAW, Ira P. Robbins, ed. (with Chesa Boudin and Trevor Stutz)
PRESENTATIONS
“(De)carceral Jail Administration,” Junior Scholars Conference, University of Michigan Law School, April 18, 2020 (held remotely due to pandemic)
“(De)carceral Jail Administration,” In Our Backyards: Symposium on Incarceration, Vera Institute of Justice, April 16, 2020 (canceled due to pandemic)
Panelist, “Strategies for Prisons, Jails, and Oversight Bodies During the COVID-19 Crisis,” National Association for Civilian Oversight of Law Enforcement, March 24, 2020 (held remotely due to pandemic)
“(De)carceral Jail Administration,” National Association for Civilian Oversight of Law Enforcement Academic Symposium, University of Texas Law School, March 6, 2020
Panelist, “The Unique Power of the Alabama Sheriff,” ProPublica Local Reporting Network, April 16, 2019
Panelist, “New Strategies for Public Institutions,” Food Justice Symposium, Harvard Law School, March 9, 2019
Panelist, “The Thirteenth,” Center for Ethics, Emory University, April 13, 2017
Panelist, “Visiting Prisons: A Symposium,” Liman Colloquium, Yale Law School, April 3, 2014
TEACHING AND SUPERVISION EXPERIENCE
UCLA School of Law: Civil Rights and Police Accountability Clinic (Spring 2020); Ninth Circuit Appellate Advocacy: Prisoners’ Rights Clinic (Fall 2020-Spring 2021)
Southern Center for Human Rights: supervised law students in preparing bond motions during weeklong trips to immigration detention centers (Summer 2017 and Summer 2018); supervised intake paralegals in reviewing, investigating, and responding to thousands of complaints received from incarcerated people (2018-2019)
Yale Law School: Federal Courts (teaching assistant to Professor Judith Resnik, Fall 2013); Liman Public Interest Workshop (student convener, Spring 2010, Fall 2012, and Spring 2013)
Manson Youth Institution, Connecticut: Prison Education Project (coordinator, 2008-2010)

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 87 of 92 Page ID #:336
PROFESSIONAL AFFILIATIONS Bar Memberships: California, Georgia, New York, Massachusetts Court Admissions: Ninth Circuit, Central District of California, Northern and Middle Districts of Georgia

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 88 of 92 Page ID #:337
Alicia Virani UCLA School of Law, 405 Hilgard Avenue, Los Angeles, CA 90095; (310) 825-5216; virani@law.ucla.edu

LEGAL EXPERIENCE
UCLA School of Law, Criminal Justice Program, Los Angeles, CA Associate Director, January 2018-present Work with students on research projects and school-wide programming related to criminal justice policy; write amicus briefs on relevant criminal justice related issues; provide research and data support to community-based organizations looking to expand the use of restorative justice and diversion models for youth throughout Los Angeles County.

Instructor of the following courses:  Pay or Stay: Practicum on Bail  Restorative Justice & Trauma Informed Lawyering

Orange County Public Defender’s Office, Orange County, CA Deputy Attorney III, September 2014 – December 2017 As a misdemeanor attorney: managed a case load of 100-150 indigent clients charged with misdemeanors; conducted research and wrote motions to suppress, formal discovery motions, and motions for dismissal; executed twenty-two jury trials. As a parents attorney: managed a caseload of 100-150 parents in the dependency system; negotiated outcomes favorable to clients; connected clients to available resources and services; executed over fifty bench trials.
The California Conference for Equality and Justice, Long Beach, CA Staff Attorney & Equal Justice Works Fellow, June 2012 – August 2014 Created and directed a program that diverts 100 youth out of the juvenile justice system each year. Led a citywide Juvenile Justice Working Group. Engaged in statewide legislative advocacy for policies that reduce racial disparities in the juvenile justice system. Wrote and successfully obtained numerous grants to ensure the continuity of the program. Conducted trainings and presentations on Restorative Justice for prosecutors, public defenders, judges, and law enforcement.
UCLA School of Law, Los Angeles, CA Research Assistant to Professor Devon Carbado, August 2010 – May 2011 Wrote research memoranda on racial profiling in the immigration context, gender-based employment discrimination, and a variety of other topics related to Critical Race Theory. Edited book drafts. Law Clerk, Criminal Defense Clinic, Spring 2011 Wrote and filed a habeas motion to vacate a sentence on behalf of a United States citizen wrongfully convicted for illegal re-entry. Wrote a successful motion to suppress based on a Miranda violation.
San Francisco Public Defender’s Office, San Francisco, CA Law Clerk, Juvenile Division, Summer 2010
The Alliance for Children’s Rights, Los Angeles, California Law Clerk, Benefits Program, Summer 2009
National Center for Lesbian Rights, Los Angeles, CA Law Clerk, September 2008 – March 2009

National Lawyers Guild, San Francisco, California Thomas Steel Fellow, Summer 2008

EDUCATION

UCLA School of Law, Los Angeles, CA

J.D. and M.A. in Urban Planning, May 2011

GPA 3.504

Specializations in Epstein Program in Public Interest Law and Policy and Critical Race Studies

Honors:

Equal Justice Works Fellowship; Public Interest Scholarship and Rosenthal Bar Exam Scholarship Recipient,

California Bar Foundation; Women Lawyers Association of Los Angeles Scholarship

Activities:

Dean’s Learning Environment and Diversity Task Force, Member

Let’s Go! Liberation Transgender Law Project, Co-Founder

Vassar College, Poughkeepsie, NY B.A., International Studies (Departmental Honors), May 2005

GPA 3.61

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 89 of 92 Page ID #:338

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4 Shaleen Shanbhag SBN 301047

5

Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Avenue

6 Pasadena, California 91103

7

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

8

9 Barrett S. Litt, SBN 45527 blitt@kmbllaw.com
10 Lindsay Battles, SBN 262862

11 Kaye, McLane, Bednarski & Litt, LLP

12

975 East Green St. Pasadena, California 91106

13 Telephone: (626) 844-7660

14 Facsimile: (626) 844-7670

15

Attorneys for Plaintiffs Other Counsel on Following Page

16

17

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

18 RODNEY CULLORS, DENEAL 19 YOUNG, JESSICA HAVILAND,

Case No.: 20-cv-3760

20 21 22

RANY UONG, MARK AVILA, CAROLE DUNHAM, LEANDREW LEWIS, VICTOR GUTIERREZ, JEREMIAH FARMER, on behalf of themselves and all others similarly

DECLARATION OF KATHERINE HUBBARD IN SUPPORT OF MOTION FOR CLASS CERTIFICATION

23 situated, DIGNITY AND POWER

24 NOW, YOUTH JUSTICE

25

COALITION, Plaintiffs,

26

vs.

27

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF

28 ALEX VILLANUEVA, and DOES

1-10, inclusive,

Defendants.

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 90 of 92 Page ID #:339

1 [Additional Counsel continued from previous page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

3 ACLU OF SOUTHERN CALIFORNIA Katherine C. Hubbard, Esq. [S.B.

4

1313 W. 8th St. Los Angeles, CA 90017

#302729] CIVIL RIGHTS CORPS

5 Telephone: (213) 977-9500

1601 Connecticut Ave. NW, Ste. 800

6

Facsimile: (213) 977-5299 Email: peliasberg@aclu.sc.org

Washington, DC 20009 Telephone: (202) 894-6126

7

Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org

8

katherine@civilrightscorps.org

9 Catherine Sweetser, SBN 271142

10

Alicia Virani, SBN 281187 Aaron Littman, SBN 330283

11 UCLA LAW CLINICS

12

385 Charles E. Young Drive East Los Angeles, CA 90095

13 (310) 825-9562

14

Email: csweetser@sshhlaw.com virani@law.ucla.edu

15

littman@law.ucla.edu

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

16 Andrea Woods, Esq.*

17

AMERICAN CIVIL LIBERTIES UNION

18

125 Broad Street, 18th Floor New York, NY 10004

19 Telephone: (212) 549-2528

20

Facsimile: (212) 607-3329 Email: awoods@aclu.org

21 22 *pro hac vice applications forthcoming

23

24

25

26

27

28

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 91 of 92 Page ID #:340

1

DECLARATION OF KATHERINE HUBBARD

2

1) My name is Katherine Hubbard and, on behalf of Civil Rights Corps, I am

3 one of the counsel for the named Plaintiffs and the putative Class members in this case. I

4 submit this Declaration in support of the motion for class certification.

5

2) I received a Juris Doctor degree from Stanford University in 2014. After

6 graduating law school, I worked as a Law Fellow at Equal Justice Initiative where I

7 litigated criminal appeals. I then worked as a Litigation Fellow at Equal Justice Under

8 Law, where I litigated federal civil rights class action lawsuits.

9

3) I have been an attorney at Civil Rights Corps, a non-profit civil rights

10 organization, since the founding of the organization in 2016. I have worked on numerous

11 civil rights cases, including class actions and habeas petitions.

12

4) I have been appointed class counsel in the constitutional civil rights class

13 action lawsuits Schultz v. State, 330 F. Supp. 3d 1344 (N.D. Ala. 2018) and Edwards v.

14 Cofield, 265 F. Supp. 3d 1344 (M.D. Ala. 2017). I currently serve as counsel on several

15 constitutional civil rights class action lawsuits including Swain v. Junior (S.D. Fla. Case

16 No. 1:20-cv-21457-KMW); Sanchez v. Brown (N.D. Tex. Case No. 3:20-cv-00832-E);

17 Allison v. Allen (M.D.N.C. Case No. 19-cv-1126); and Daves v. Dallas, (N.D. Tex. Case

18 No. 3:18-cv-154).

19

5) I have served as lead counsel on several successful habeas petitions in state

20 and federal court on behalf of individuals challenging unconstitutional pretrial detention

21 including Reem v. Hennessy, No. 17-CV-06628-CRB, 2017 WL 6765247 (N.D. Cal.

22 Nov. 29, 2017); Rodriguez-Ziese v. Hennessy, No. 17-CV-06473-BLF, 2017 WL

23 6039705 (N.D. Cal. Dec. 6, 2017); Coleman v. Hennessy, No. 17-CV-06503-EMC, 2018

24 WL 541091 (N.D. Cal. Jan. 5, 2018); and Arevalo v. Hennessy, 882 F.3d 763, 767 (9th

25 Cir. 2018).

26

6) My colleague Alec Karakatsanis is the Founder and Executive Director of

27 Civil Rights Corps. Prior to starting Civil Rights Corps, he co-founded Equal Justice

28 Under Law, a non-profit civil rights organization based in Washington, D.C. Prior to

2

Case 2:20-cv-03760-RGK-PLA Document 6-3 Filed 04/24/20 Page 92 of 92 Page ID #:341

1 this, he served as an attorney in the Special Litigation Division of the Public Defender

2 Service for the District of Columbia, where he litigated constitutional civil rights claims

3 and complex criminal law issues in federal and District of Columbia trial and appellate

4 courts. Prior to that, he served as a law clerk in the United States District Court for the

5 Middle District of Alabama and as an Assistant Federal Public Defender in the Middle

6 District of Alabama.

7

7) Mr. Karakatsanis has been lead attorney in numerous constitutional civil

8 rights class action lawsuits. See, e.g., ODonnell v. Harris Cty., Texas, 892 F.3d 147 (5th

9 Cir. 2018); Walker v. City of Calhoun, 901 F.3d 1245 (11th Cir. 2018); Dixon v. St.

10 Louis, No. 4:19-CV-0112-AGF, 2019 WL 2437026 (E.D. Mo. June 11, 2019); Caliste v.

11 Cantrell, 329 F. Supp. 3d 296 (E.D. La. 2018); Daves v. Dallas County, 341 F. Supp. 3d

12 688 (N.D. Tex. 2018); Rodriguez v. Providence Cmty. Corr., Inc., 155 F. Supp. 3d 758

13 (M.D. Tenn. 2015); Jones on behalf of Varden v. City of Clanton, 2015 WL 5387219

14 (M.D. Ala. 2015); Cooper v. City of Dothan, 2015 WL 10013003 (M.D. Ala. 2015);

15 Pierce et al. v. City of Velda City, 2015 WL 10013006 (E.D. Mo. 2015); Thompson v.

16 City of Moss Point, 2015 WL 10322003 (S.D. Miss. 2015).

17

8) Civil Rights Corps has devoted significant time and resources to becoming

18 familiar with the conditions in the Los Angeles County jails, the health and safety risks

19 that COVID-19 poses to people in jails, and the substantive and procedural law of

20 challenging unconstitutional jail conditions.

21

9) Civil Rights Corps has sufficient funds available to litigate this case and is

22 prepared to contribute significant resources to litigating this case.

23

24

I declare under penalty of perjury under the laws of the State of California and the

25 United States of America that the foregoing is true and correct.

26

Executed this April 24, 2020.

27

28

____________________________

Katherine Hubbard

3

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 1 of 58 Page ID #:342

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4 Shaleen Shanbhag SBN 301047

5

Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Avenue

6 Pasadena, California 91103

7

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

8

9 Barrett S. Litt, SBN 45527 blitt@kmbllaw.com
10 Lindsay Battles, SBN 262862

11 Kaye, McLane, Bednarski & Litt, LLP

12

975 East Green St. Pasadena, California 91106

13 Telephone: (626) 844-7660

14 Facsimile: (626) 844-7670

15

16

Attorneys for Plaintiffs Other Counsel on Following Page

17

18

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

19 Cullors, et al., individually and as
20 class representatives

21

22

Plaintiffs,

Case No. 2:20-cv-03760 DECLARATION OF CARLOS FRANCO-PAREDES, M.D., M.P.H.

23 vs.

24 COUNTY OF LOS ANGELES, 25 SHERIFF ALEX M VILLANUEVA, 26 in his official capacity, et al,

27

Defendants.

28

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 2 of 58 Page ID #:343

1 [Additional Counsel continued from previous page]

2

3

Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

ACLU OF SOUTHERN

Katherine C. Hubbard, Esq. [S.B.

4 CALIFORNIA

#302729]

5 1313 W. 8th St.

6

Los Angeles, CA 90017 Telephone: (213) 977-9500

CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009

7 Facsimile: (213) 977-5299

Telephone: (202) 894-6126

8 Email: peliasberg@aclu.sc.org

Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org

9

katherine@civilrightscorps.org

10 Catherine Sweetser, SBN 271142
11 Alicia Virani, SBN 281187

12 Aaron Littman, SBN 330283

13

UCLA LAW CLINICS 385 Charles E. Young Drive East

14 Los Angeles, CA 90095

15

(310) 825-9562 Email: csweetser@sshhlaw.com

16

virani@law.ucla.edu

17

littman@law.ucla.edu

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

18 Andrea Woods, Esq.*

19 AMERICAN CIVIL LIBERTIES

20

UNION 125 Broad Street, 18th Floor

21 New York, NY 10004

22 Telephone: (212) 549-2528 Facsimile: (212) 607-3329
23 Email: awoods@aclu.org

24

25

26 27 *pro hac vice applications forthcoming

28

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 3 of 58 Page ID #:344

1

DECLARATION OF CARLOS FRANCO-PAREDES, M.D., M.P.H.

2

3

I, Carlos Franco-Paredes, M.D., M.P.H., declare under penalty of perjury

4 under the laws of the United States as follows:

5 OVERVIEW OF BACKGROUND AND SPECIALIZATIONS

6

1. My name is Dr. Carlos Franco-Paredes. I am an Associate Professor

7 of Medicine at the University of Colorado in the Department of Medicine, Division

8 of Infectious Diseases. I completed my internal medicine residency and infectious

9 diseases fellowship at Emory University School of Medicine. I am also the

10 Infectious Diseases Fellowship Program Director and supervise the training of

11 medical students, internal medicine residents, and infectious diseases fellows at the

12 University of Colorado, Anschutz Medical Center.

13

2. In addition, I hold a public health degree in global health from the

14 Rollins School of Public Health at Emory University with a concentration on the

15 dynamics of global infectious disease epidemics and pandemics.

16

3. From 2006 to 2009, I was a consultant with the World Health

17 Organization, Headquarters in Geneva, Switzerland where I participated in

18 developing the global action plan for influenza vaccine, guidelines for pandemic

19 influenza preparedness.

20

4. I have a certification of training in travel and tropical medicine, by the

21 International Society of Travel Medicine and the American Society of Tropical

22 Medicine and Hygiene, respectively.

23

5. As an infectious diseases clinician, I have twenty years of relevant

24 clinical experience. As part of this experience, I have participated in the medical

25 care of individuals detained at the Aurora, CO, Immigration Detention Facility and

26 I have performed medical second opinion evaluations for patients in the custody of

27 the Department of Homeland Security, Immigration and Customs Enforcement

28 (ICE). At my current academic institution, I have also provided direct care for

2

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 4 of 58 Page ID #:345

1 many patients in ICE custody or incarcerated settings including patients at Aurora

2 Contract Detention Facility (“Aurora facility”), who are living with HIV-infection

3 at my current academic institution.

4

6. Over the last six weeks, since the COVID-19 pandemic began

5 disseminating in the U.S., I have witnessed firsthand the impact of COVID-19 at

6 University of Colorado, Anschutz Medical Center, and have provided direct care to

7 54 patients with this infection. Many have required intensive care management and

8 mechanical ventilator support.

9

7. I present my Curriculum Vitae attached as Exhibit 2. I have written

10 and published many relevant scientific publications on the topics of infectious

11 diseases pandemics and epidemics, particularly in influenza. I have 198 scientific

12 publications in peer-reviewed scientific journals. I teach a class at the school of

13 medicine on caring for underserved populations including immigrants and

14 incarcerated populations and in best practices in global health. I have written a

15 textbook in infectious diseases.

16

17 FORMAL ANALYSIS

18

8. As an infectious disease clinician with a public health degree in the

19 dynamics of infectious disease epidemics and pandemics, I am concerned about the

20 inevitable spread of COVID-19 in jails, prisons, community corrections facilities,

21 and juvenile detention centers. The conditions in these facilities do not allow for

22 appropriate infection control protocols and will make the current COVID-19

23 pandemic worse. Incarcerated populations have higher rates of underlying illness

24 and, by extension, will have a higher case fatality rate. It is now clear that

25 asymptomatic individuals can spread this infection. With staff traveling between

26 their homes and the facilities, and newly arrested individuals brought in as others

27 are released, containment of the virus is not possible. Prisons and jails are

28 becoming the epicenter of COVID-19 transmission in the U.S. I can also certify

3

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 5 of 58 Page ID #:346

1 that incarcerated individuals have a higher prevalence of chronic medical

2 conditions that place them at high risk of developing severe coronavirus disease

3 and potentially dying from this infection. Some of these medical conditions include

4 HIV/AIDS, uncontrolled diabetes mellitus, chronic obstructive pulmonary disease,

5 and other conditions

6

9. Increasing Number of COVID-19 Cases and Deaths in the U.S. Every

7 U.S. state is dealing with COVID-19 cases and the number of deaths continue to

8 pile up. Since March 16, 2020, the epidemiologic curve demonstrates a logarithmic

9 increase in the number of cases with many major epicenters of transmission as it

10 has occurred in the Pacific Northwest, New York, New Jersey, Florida, California,

11 and Louisiana. As of today, there are approximately 856, 209 cases and 47,442

12 deaths demonstrating that community-based transmission clearly continues to

13 occuri.

14

10. The catastrophic consequences of the current COVID-19 pandemic

15 obeys to two major factors: (a) the transmissibility of this infection and (b) the

16 severity of the disease in human populations. As this is a rapidly spreading

17 pandemic, I would like to provide this addendum outlining advances in

18 understanding the impact of the pandemic globally and specifically in the U.S. It

19 is pivotal to incorporate these new facts into the pandemic response and the

20 increasing vulnerability of incarcerated persons. The current outbreak of the novel

21 coronavirus (SARS-Co-2) in different county jails and prisons in the U.S.

22 highlights the ease of transmission of COVID-19 behind walls of jails and prisons.

23 There is sufficient experience with this pandemic demonstrating that congested

24 living conditions facilitate the spread of this infection.

25

11. Jails and prisons are epicenters for infectious diseases because of the

26 unavoidable close contact in often overcrowded, poorly ventilated, and unsanitary

27 conditions. On April 14 the Bureau of Federal Prisons reported 446 cases among

28 inmates and 248 cases among employees in 42 facilities and 11 Residential

4

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 6 of 58 Page ID #:347

1 Reentry Centers (RRCs). However, by April 19, there were 495 cases among

2 inmates, 309 cases among staff, and 22 deaths distributed in 45 facilities and 19

3 RRCs. There are at least 1,300 confirmed cases of COVID-19 tied to prisons and

4 jails with at least 34 deaths when combining prisons and jails nationwide as per

5 different reports. The revolving door of jails have fueled an increasing number of

6 documented outbreaks in custodial institutions.

7

12. Detention and incarceration of any kind requires large groups of

8 people to be held together in a confined space and creates the worst type of setting

9 for curbing the spread of a highly contagious infection such as COVID-19.

10 Implementing CDC protocols to mitigate Covid-19 transmission is therefore not

11 sufficient unless social distancing is meaningfully implemented. These infection

12 prevention protocols include “social distancing” measures, where individuals

13 maintain a distance of at least six feet from each other, and frequent hand-washing

14 and other good hygiene practices. To contain the spread of the disease, these

15 protocols must be meticulously followed. These protocols apply to both

16 incarcerated and non-incarcerated individuals.

17

13. Reducing the inmate population so that social distancing becomes

18 possible remains the cornerstone of reducing the impact of these outbreaks. In a

19 carceral setting, social distancing protocols would require, for example, that

20 individuals sleep in cells instead of dormitories. Therefore, to the extent they

21 cannot be released, and census permitting, medically vulnerable individuals should

22 be housed in single-person cells to mitigate the risk of serious illness or death to

23 this population.

24

14. These protocols are necessary to prevent spread of COVID-19 among

25 otherwise healthy people. However, these protocols are imperative for high-risk

26 individuals. During the intake, a medical assessment is needed to identify those at

27 high-risk of complications to guide enforcement of social distancing interventions

28 such as placement in a cell instead of a dormitory. Additionally, persons with

5

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 7 of 58 Page ID #:348

1 comorbidities that place them at increased risk of severe disease and death should

2 be considered a priority group for testing for COVID-19. Unless social distancing

3 is achieved through reduction in the jail population, other measures to slow

4 transmission will not be sufficient.

5

15. LACJ is the largest county jail system in the United States. It is

6 comprised of four facilities – Men’s Central Jail (“MCJ”), Century Regional

7 Detention Facility (“CRDF”) (the women’s jail), Twin Towers and Pitchess

8 Detention Center, which is comprised of four different facilities including the

9 North County Correctional Facility (“NCCF”). As shown in custodial settings in

10 Ohio, the rate of asymptomatic and symptomatic infection in an enclosed jail

11 environment could reach up to 70% (with more than 20% asymptomatic infection).

12 Therefore, there is an urgent need to expand testing capabilities within L.A.

13 County Jail System to interrupt transmission and establish appropriate isolation

14 and quarantine interventions.

15

16. Particularly in the absence of universal testing within the L.A. County

16 Jail system, it is my professional opinion that expanding testing capabilities will

17 improve isolation and quarantine strategies. Consistent with CDC guidelines, 14-

18 day quarantine should be used for: a) asymptomatic individuals exposed to a case

19 to guide quarantine practices; and, b) new arrestees and bookings. Medical

20 isolation practices should be implemented for those with symptoms consistent with

21 COVID-19 regardless of having any underlying comorbidity to develop severe

22 disease. New admittees are especially crucial to consider given the fact that

23 despite having excellent infection control practices, suggested social distancing

24 interventions, keeping the door open for new introductions may only flatten the

25 epidemiologic curve but will not definitively halt the occurrence of new cases

26 within the L.A. County Jail System.

27

28

6

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 8 of 58 Page ID #:349

1

17. Within the LA. County system, those with symptoms consistent with

2 COVID-19 should undergo a clinical assessment including testing for the presence

3 of the novel coronavirus SARS-CoV-2 in nasopharynx. The sensitivity of this test

4 depending on the assay varies between 75-85%. Those who test positive should be

5 placed in isolation (as should persons with symptoms consistent with COVID-19

6 pending test results). Those with a negative test should be placed in quarantine

7 with close clinical monitoring and if indicated repeat testing.

8

18. Cohorting of those exposed to a case may spread further this infection

9 if not done properly. Groups of low-risk, asymptomatic exposed persons can be

10 quarantined as a cohort; cohorting should not be used for symptomatic/presumed

11 positive persons (where no laboratory test has confirmed positive status). Presumed

12 positive individuals should be medically isolated consistent with CDC guidelines.

13 The number of private rooms in a L.A. County Jail system is insufficient to comply

14 with the recommended social distancing.

15

19. Another important consideration that complicates disinfection and

16 decontamination practices is the ability of this novel coronavirus to survive for

17 extended periods of time on materials that are highly prevalent in secure settings,

18 such as metals and other non-porous surfaces. Current outbreak protocols require

19 frequent disinfection and decontamination of all surfaces of the facility, which is

20 exceedingly difficult given the large number of incarcerated individuals, frequent

21 interactions between incarcerated individuals and staff, and regularity with which

22 staff move in and out of each facility.

23

20. Again, it is critical to understand that even asymptomatic individuals

24 can spread virus to others. Therefore, merely screening those with symptoms is

25 inadequate to keep COVID-19 out of L.A. County Jail System.

26

21. Responding to outbreaks in L.A. County Jail System calls for highly

27 trained staff to correctly institute and enforce isolation and quarantine procedures

28 and have training on the appropriate utilization of personal protective equipment. It

7

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 9 of 58 Page ID #:350

1 is essential that nursing and medical staff be trained in infection control practices,

2 implementing triage protocols, and the medical management of suspected,

3 probable and confirmed cases of coronavirus infection. These same personnel

4 would have to initiate the management of those with severe disease and not be

5 working in different units. Since these are closed facilities, the number of exposed,

6 infected, and ill individuals may rapidly overwhelm staff and resources. As a

7 result, many patients would need transfer to hospitals near these facilities, likely

8 overwhelming the surrounding healthcare systems, which are already functioning

9 at full capacity caring for the general non-incarcerated community.

10

22. Likely Outcome if COVID-19 Spreads in the LA County Jail System.

11 Given the high population density of L.A. County Jail System and the ease of

12 transmission of this viral pathogen, the infection rate will be exponential if even a

13 single person, with or without symptoms, that is shedding the virus enters a

14 facility. For every person with the virus, they will infect more than 2 other people –

15 whether they be incarcerated individuals or staff. Of those infected, one-fifth will

16 get so ill that they require hospital admission, and about 10% will develop severe

17 disease requiring treatment only available in the intensive care unit. To illustrate

18 the magnitude of this threat, a jail or prison that holds 1000 individuals can

19 anticipate that between 200 to 300 individuals may acquire the infection. Of these,

20 80 to 100 individuals may develop severe disease requiring admission to the

21 hospital, potentially to an intensive care unit. Of these, 8 to 10 individuals may die

22 from multiorgan failure precipitated by the infection. Medical care for cases of

23 COVID-19 may involve large human and financial costs.

24

23. Risk minimization through release from the L.A. Jail County System.

25 Reducing the number of incarcerated individuals in the L.A. system is necessary

26 for effective infection control and sanitization practices that could dramatically

27 reduce the burden COVID-19 will inevitably place on our health system. Urgent

28 action is needed given the predicted shortage of medical supplies such as personal

8

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 10 of 58 Page ID #:351

1 protective equipment, shortage of staff as medical personnel become ill

2 themselves, and limited life-saving resources such as ventilators.

3 Medically Vulnerable Individuals:

4

24. People who are considered at high risk of severe illness and death

5 should they be infected with the coronavirus include the following:

6

 People age 55 or older

7

 Anyone diagnosed with cancer, autoimmune disease (including lupus,

8

rheumatoid arthritis, psoriasis, Sjogren’s, Crohn’s), chronic lung

9

disease (including asthma, COPD, bronchiectasis, idiopathic

10

pulmonary fibrosis), history of cardiovascular disease (MI), chronic

11

arthritis (rheumatoid, psoriatic), chronic liver or kidney disease,

12

diabetes, hypertension, heart failure, HIV, on chronic steroids or other

13

immunosuppressant medications for chronic conditions

14

 People with a history of smoking or other substance use disorders

15

 Severe obesity.

16

 Pregnant women.

17

25. For people in the highest risk populations, the fatality rate of

18 COVID-19 infection is about 15 percent. The clinical experience in China, South

19 Korea, Italy and Spain has shown that 80% of confirmed cases tend to occur in

20 persons 30-69 years of age regardless of having any underlying medical

21 conditions. Of these, 20% develop severe clinical manifestations or become

22 critically ill. Among those with severe clinical manifestations regardless of their

23 age or underlying medical conditions, progress to respiratory failure, septic shock,

24 and multiorgan dysfunction requiring intensive care support including the use of

25 mechanical ventilator support. The overall case fatality rate is 10-14% of those

26 who develop severe disease. In China, 80% of deaths occurred among adults > 60

27 yearsc.

28

9

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 11 of 58 Page ID #:352

1

26. There is growing number of confirmed cases in the U.S., increasing

2 number of hospitalizations and admissions to intensive care units, and many

3 deaths. In this wave of the pandemic or in subsequent ones, it is likely the number

4 of infected individuals will continue to augment. In the closed-settings of prisons

5 and jails, where there is overcrowding and confinement of a large number of

6 persons, networks of transmission become highly conducive to spread rapidly.

7

27. Preliminary data from China showed that 20 percent of people in

8 high-risk categories who have contracted COVID-19 there have died. Reports

9 by the Chinese CDC, demonstrates that the case fatality rate is highest among

10 critical cases in the high-risk categories with COVID at 49%f. case fatality was

11 higher for patients with comorbidities: 10.5% for those with cardiovascular

12 disease, 7% for diabetes, and 6% each for chronic respiratory disease,

13 hypertension, and cancer. Case fatality for patients who developed respiratory

14 failure, septic shock, or multiple organ dysfunction was 49%b.

15

28. For people with these risk factors, COVID-19 can severely

16 damage lung tissue, which requires an extensive period of rehabilitation, and

17 in some cases, can cause a permanent loss of respiratory capacity. There is

18 preliminary evidence that persons with COVID-19 and recovering from severe

19 disease and whom developed extensive pulmonary disease including Acute

20 Respiratory Distress Syndrome (ARDS)g may have long-term sequelae similar to

21 other infectious pathogens evolving in a similar pattern. Long term sequelae of

22 those with sepsis, ARDS and respiratory failure identified in the literature include

23 long-term cognitive impairment, psychological morbidities, neuromuscular

24 weakness, pulmonary dysfunction, and ongoing healthcare utilization with reduced

25 quality of lifeh and need for rehabilitation servicesi.

26

29. COVID-19 may also target the heart muscle, causing a medical

27 condition called myocarditis, or inflammation of the heart muscle.

28 Myocarditis can affect the heart muscle and electrical system, reducing the

10

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 12 of 58 Page ID #:353

1 heart’s ability to pump. This reduction can lead to rapid or abnormal heart

2 rhythms in the short term, and long-term heart failure that limits exercise

3 tolerance and the ability to work.

4

30. The full description of the pathogenesis of COVID-19 requires to be

5 completely elucidated. However, there is clinical evidence that in addition to the

6 severe lung injury associated to this viral infection, some persons may also develop

7 myocardial involvement that appears to be the result of either direct viral infection

8 or caused the immune response to SARS-CoV-2. From the published case reports,

9 myocarditis caused by this viral pathogen is associated with congestive heart

10 failure, cardiac arrhythmias and deathj. Similar to other viral myocarditis, most

11 patients may develop long-term myocardial damagek.

12

31. Emerging evidence also suggests that COVID-19 can trigger an

13 over-response of the immune system, further damaging tissues in a cytokine

14 release syndrome that can result in widespread damage to other organs,

15 including permanent injury to the kidneys and neurologic injury. These

16 complications can manifest at an alarming pace. Among persons infected with

17 SARS-CoV-2 and developing COVID-19 severe disease systemic inflammation is

18 associated with adverse outcomesl. However, there is evidence that the use of

19 corticosteroids have not shown benefit and they might be more likely to harm

20 when administered in persons with ARDS caused by COVID-19m. Similar to

21 influenza infection, acute lung injury and acute respiratory distress syndrome are

22 most likely caused by the respiratory epithelial membrane dysfunction leading to

23 acute respiratory distress syndromel,n. Preliminary evidence from case reports and

24 small cases series from China and South Korea confirm that there is minimal

25 inflammation and evidence of cell necrosis in the form of apoptosis of the

26 respiratory epitheliumo. The resultant tissue hypoxia is responsible and potential

27 concomitant bacterial sepsis contribute to multiorgan dysfunction and death. If a

28 patient with COVID-19 develops myocarditis, cardiogenic shock caused by

11

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 13 of 58 Page ID #:354

1 fulminant myocarditis may also contribute to the overall occurrence of multiple

2 organ failurek.

3

4 OPINION

5

There is an outbreak of COVID-19 in the L.A. County Jail System since

6 there more case of this viral infection than expected in a given period. These

7 facilities are not designed to contain the spread of a highly contagious disease or to

8 treat those with significant illness. It is likely that there will be high numbers of ill

9 incarcerated individuals, as well as the staff critical to these facilities. The broader

10 health system in L.A. does not have the capacity to handle a wave of critically ill

11 patients coming from this jail system in addition to the ongoing community

12 outbreak. Improving mitigation strategies to reduce exposure to the novel

13 coronavirus by social distancing, improving hygiene (disinfection and

14 decontamination of surfaces), and testing capabilities to guide isolation and

15 quarantine procedures is instrumental to interrupt transmission within facilities of

16 the L.A. County Jail system. Additionally, it is my professional opinion that the

17 prompt release of individuals with medical conditions at risk of severe disease and

18 death due to coronavirus infection, and prompt reduction in incarcerated

19 populations in this system overall, is necessary to reduce the impact of the ongoing

20 outbreak.

21

22 DOCUMENTS REVIEWED FOR THIS DECLARATION

23 Declarations:

24 1. DeNeal Young.

25 2. Holly Davidson

26 3. Jeffrey Livotto

27 4. Jeremiah Farmer

28 5. Jessica Haviland

12

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 14 of 58 Page ID #:355

1 6. Leandrew Lewis

2 7. Rany Uong

3 8. Joe Goldenson

4 9. Catrina Balderrama

5 10.Andrew Fuentes

6 Scientific References:

7 1. Walmsley R. World Prison Population List. 11th ed. London, UK:

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International Centre for Prison Studies, Kings College; 2016. Available at:

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https://www.prisonstudies.org/sites/default/files/resources/downloads/world

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_prison_population_list_11th_edition_0.pdf. Accessed: April 12, 2020.

11 2. Herivel T, Wright P. Prison profiteers. Who makes money from mass

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immigration detention.

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2018; 40: 4-11.

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https://www.prisonpolicy.org/reports/pie2020.html. Accessed: April 11,

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natural experiment study of the effects of imprisonment on violence in the

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community. Nat Hum Behav 2019; 3(7): 671-77.

24 6. Harding DJ. Do prisons makes us safer. Sci Am 2019. Available at:

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non-Hispanic Americans in the 21st century. Proc Natl Acad Sci USA 2015;

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112 (49): 15078-83.

4 8. Berger ZD, Goldberg DS. Caught in the web – U.S. immigration and

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compound disadvantage. N Engl J Med 2019; 381(11): 993-995Harding DJ,

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Morenoff JD, Nguyen AP, Bushway SD. Short-and long-term effect of

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imprisonment on future felony convictions and prison admissions. Proc Natl

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Acad Sci 2017; 114 (42): 11103-11108.

9 9. Harding DJ, Morenoff JD, Herbert CW. Home is hard to find: neighborhood,

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institutions and the residential trajectories of returning prisoners. Ann Am

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Acad Pol Soc Sci 2013; 647(1): 214-236.

12 10.CDC-Interim Clinical Guidance for Management of Patients with Confirmed

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16 11.Johns Hopkins University. Coronavirus Resource Center Available at:

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18 12.The New York Times. Coronavirus in the U.S.: Latest map and case count –

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cases.html?referringSource=articleShare. Accessed: April 12, 2020.

22 13.Fauci AS. Infectious diseases: considerations for the 21st century. Clin Infect

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Dis 2001; 32: 675-85.

24 14.Finnie TJR, Copley VR, Hall IM, Leach S. An analysis of influenza

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1 15.Chao W-C, Liu P-Y, Wu C-L. Control of an H1N1 outbreak in a

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correctional facility in central Taiwan. J Microbiol Immunol Infect 2017; 50:

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175-182.

4 16.Dolan K, Wirtz AL, Moazen B, Ndeffo-Mbah M, Galvani A, Kinner SA,

5

Courtney R, McKee M, Amon JJ, Maher L, Hellard M, Beyrer C, Altice FL.

6

Global burden of HIV, viral hepatitis, and tuberculosis in prisoners and

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detainees. Lancet 2016; 388 (10049): 1089-1102.

8 17.Prisons and custodial settings are part of a comprehensive response to

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COVID-19. Lancet Public Health 2020; 5(4): e188-e189.

10 18.CDC. Interim guidance on management of coronavirus disease 2019

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(COVID-19) in correctional and detention facilities. Available at:

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https://www.cdc.gov/coronavirus/2019-ncov/community/correction-

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detention/guidance-correctional-detention.html. Accessed: April 12, 2020.

14 19.Van Doremalen N, Bushmaker T, Morris DH, Holbrook MG, Gamble A,

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Williamson BN, Tamin A, Harcourt JL, Thornburg NJ, Gerber SI, Lloyd-

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Smith JO, de Wit E, Munster VJ. Aerosol and surface stability of SARS-

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CoV-2 as compared with SARS-CoV-1. N Engl J Med 2020; Mar 17. doi:

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10.1056/NEJMc2004973.

19 20.Mizumoto K, Chowell G. Transmission potential of the novel coronavirus

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(COVID-19) onboard the diamond Princess Cruises Ship, 2020. Infect Dis

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Modelling 2020; 5: 264-270.

22 21.Mizumoto K, Kagaya K, Zarebski A, Chowell G. Estimating the

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asymptomatic proportion of coronavirus disease 2019 (COVID-19) cases on

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board the diamond Princess cruise ship, Yokohama, Japan, 2020. Euro

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Surveill 2020; 25 (10). doi: 10.2807/1560-7917.ES.2020.25.10.2000180.

26 22.Sanche S, Lin YT, Xu C, Romero-Severson E, Hengartner N, Ke R. High

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contagiousness and rapid spread of severe acute respiratory syndrome

28

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coronavirus 2. Emerg Infect Dis. 2020 Jul

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https://doi.org/10.3201/eid2607.200282.

3 23.Swerdlow DL, Finelli L. Preparation for possible sustained transmission of

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2019 Novel Coronavirus. Lessons from previous pandemics. JAMA 2020;

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323(12): 1129-30.

6 24.Patrozou E, Mermel LA. Does influenza transmission occur from

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asymptomatic infection or prior to symptom onset? Public Health Rep 2009;

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124: 193-96.

9 25.Thompson R. Pandemic potential of 2019-nCoV.Lancet Infect Dis 2020; 20

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March 20; doi.org/10.1016/S1473-3099 (20)30068-2.

11 26.Li R, Pei S, Chen B, Song , Zhang T, Shaman J. Substantial undocumented

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infection facilitates the rapid dissemination of novel coronavirus (SARS-

13

CoV2). Science 10.1126/scienceabb3221 (2020).

14 27.Crux. Brazil’s Church leaders warn about a threat to prisoners posed by

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COVID-19.https://cruxnow.com/church-in-the-americas/2020/04/brazils-

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church-leaders-warn-about-threat-to-prisoners-posed-by-covid-19/. April 4,

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2020. Accessed: April 12, 2020.

18 28.India Today. Coronavirus: India’s packed prisons raise COVID-19 alarm.

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https://www.indiatoday.in/mail-today/story/india-packed-prisons-raise-

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coronavirus-alarm-1661136-2020-03-30. March 30, 2020. Accessed: April

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12, 2020.

22 29.World Prisons Brief. COVID-19 in prisons: a major public health risk.

23

https://www.prisonstudies.org/news/covid-19-prisons-%E2%80%93-major-

24

public-health-risk. Accessed: April 12, 2020.

25 30.Federal Bureau of Prisons. Available at: https://www.bop.gov/coronavirus/.

26

Accessed: April 12, 2020.

27 31.New York Times. Chicago’s jail is top U.S. hot spot as virus spreads behind

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bars. April 8, 2020. Available at:

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https://www.nytimes.com/2020/04/08/us/coronavirus-cook-county-jail-

2

chicago.html. Accessed: April 12, 2020.

3 32.Cabral J, Cuevas AG. Health inequities among Latinos/Hispanics:

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documentation status as a determinant of health. J Racial Ethnic Health Disp

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2020; Feb 5. doi: 10.1007/s40615-020-00710-0.

6 33.Gransky M, Keller A, Venters H. Death rates among detained immigrants in

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the United States. In J Environ Res Public health 2015; 12, 14414-14419.

8 34.Farmer PE, Nizeye B, Stulac S, Keshavjee S. Structural violence and clinical

9

medicine. PLoS Med 2006; 3(10); e449.

10 35.Hotez PJ. Neglected infections of poverty in the United States of America.

11

PLoS Negl Trop Dis 2008; 2(6): e256.

12 36.Franco-Paredes C, Santos-Preciado JI. Freedom, justice, and the Neglected

13

Tropical Diseases. PLoS Negl Trop Dis 2011; 8: e1235.

14 37.The Guardian. Data form US south shows African Americans hit hardest by

15

COVID-19. https://www.theguardian.com/world/2020/apr/08/black-

16

americans-coronavirus-us-south-data. Accessed: April 12, 2020.

17 38.MMWR. COVID-19 in a Long-Term Care Facility — King County,

18

Washington, February 27–March 9, 2020; March 27, 2020: 69(12): 339-342.

19

20 I declare under penalty of perjury that the statements above are true and correct

21 to the best of my knowledge.

22

Date: April 24, 2020

23

24

______________________________

25

Carlos Franco-Paredes, MD, MPH, DTMH (Gorgas)

26

Associate Professor of Medicine

27

28

17

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 19 of 58 Page ID #:360

1

EXHIBIT A.

2

3 PERSONAL INFORMATION

4 Carlos Franco-Paredes, M.D., M.P.H.

5

6 CURRENT PROFESSIONAL POSITION AND ACTIVITIES:

7  Associate Professor of Medicine, Division of Infectious Diseases, University

8

of Colorado Denver School of Medicine, Anschutz Medical Campus and

9

Infectious Diseases (July 2018 - ongoing).

10  Fellowship Program Director, Division of Infectious Diseases, University of

11

Colorado Denver School of Medicine, Anschutz Medical Campus (March

12

2019- ongoing).

13

14 EDUCATION

15

1989 -1995 M.D. - La Salle University School of Medicine, Mexico City,

16

Mexico

17

1996-1999 Internship and Residency in Internal Medicine, Emory

18

University School of Medicine Affiliated Hospitals, Atlanta,

19

GA

20

1999-2002 Fellowship in Infectious Diseases, Emory University School of

21

Medicine Affiliated Hospitals, Atlanta, GA

22

1999-2002 Fellow in AIDS International Training and Research Program,

23

NIH Fogarty Institute, Rollins School of Public Health, Emory

24

University, Atlanta, GA

25

1999 - 2002 Masters Degree in Public Health (M.P.H.) Rollins School of

26

Public Health, Emory University, Atlanta, GA, Global Health

27

Track

28

18

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 20 of 58 Page ID #:361

1

2001-2002 Chief Medical Resident, Grady Memorial Hospital, Emory

2

University School of Medicine, Atlanta, GA

3

2006

Diploma Course in Tropical Medicine, Gorgas. University of

4

Alabama, Birmingham and Universidad Cayetano Heredia,

5

Lima Peru

6

7 CERTIFICATIONS

8

1999-Present Diplomat in Internal Medicine American Board of

9

Internal Medicine

10

(Recertification 11/2010-11/2020)

11

2001-present

Diplomat in Infectious Diseases, American Board of

12

Internal Medicine, Infectious Diseases Subspecialty

13

(Recertification 04/2011-04/2021)

14

2005-present

Travel Medicine Certification by the International

15

Society of Travel Medicine

16

2007-present Tropical Medicine Certification by the American Society

17

of Tropical Medicine – Diploma in Tropical Medicine

18

and Hygiene

19

(DTMH - Gorgas)

20

21 EMPLOYMENT HISTORY:

22

 2002 - 2004 - Advisor to the Director of the National Center for Child

23

and Adolescent Health and of the National Immunization Council

24

(NIP), Ministry of Health Mexico; my activities included critical

25

review of current national health plans on vaccination, infectious

26

diseases, soil-transmitted helminthic control programs; meningococcal

27

disease outbreaks in the jail system, an outbreak of imported measles

28

in 2003-2004 and bioterrorism and influenza pandemic preparedness.

19

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 21 of 58 Page ID #:362

1

I represented the NIP at meetings of the Global Health Security

2

Action Group preparation of National preparedness and response

3

plans for Mexico

4

 2005 – 2011- Co-Director Travel Well Clinic, Emory University

5

Emory Midtown Hospital

6

 2004- 8/2009 -Assistant Professor of Medicine

7

Department of Medicine, Division of Infectious Diseases

8

Emory University School of Medicine, Atlanta GA

9

 3/2008-10/2009 Consultant WHO, HQ, Geneva, Influenza Vaccine

10

 9/2009- 3/2011 Associate Professor of Medicine

11

Department of Medicine, Division of Infectious Diseases

12

Emory University School of Medicine, Atlanta GA

13

 1/2007 – 3/2011 Assistant Professor of Public Health

14

Hubert Department of Global Health

15

Rollins School of Public Health, Emory University, Atlanta GA

16

 4/2011 –5/2013 - Associate Professor of Public Health in Global

17

Health

18

Hubert Department of Global Health

19

Rollins School of Public Health, Emory University, Atlanta GA

20

 2010 - WHO HQ Consultant for a 4-month-period on the Deployment

21

of H1N1 influenza vaccine in the African Region, Jan to March 2010,

22

Switzerland Geneva, WHO HQ 2010 sponsored by John Snow Inc.

23

USAID, Washington, D.C.

24

 2014-2015 - Consultant International Association of Immunization

25

Managers, Regional Meeting of the Middle Eastern and North African

26

Countries and Sub Saharan Africa, held in Durban South Africa, Sept

27

2014; and as rapporteur of the Inaugural Conference, 3-4 March 2015,

28

Istanbul, Turkey.

20

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 22 of 58 Page ID #:363

1

 3/2011- 5/2017 - Phoebe Physician Group –Infectious Diseases

2

Clinician Phoebe Putney Memorial Hospital, Albany, GA.

3

 5/2015 - 9/2015 - Consultant Surveillance of Enteric Fever in Asia

4

(Pakistan, Indonesia, Bangladesh, Nepal, India) March 2015-October

5

2015.

6

 June 19, 2017-June 31, 2018–Visiting Associate Professor of

7

Medicine, Division of Infectious Diseases, University of Colorado

8

Denver, Anschutz Medical Campus

9

 June 2004- present - Adjunct Professor of Pediatrics, Division of

10

Clinical Research, Hospital Infantil de México, Federico Gómez,

11

México City, México. Investigador Nacional Nivel II, Sistema

12

Nacional de Investigadores (12/2019); SNI III Sistema Nacional de

13

Investigadores (1/2020-); Investigador Clínico Nivel E, Sistema

14

Nacional de Hospitales

15

16 HONORS AND AWARDS

17

I. 1995 TOP GRADUATING STUDENT, LA SALLE SCHOOL

18

OF MEDICINE

19

1997 Award for Academic Excellence in Internal Medicine, EUSM

20

1999 Alpha Omega Alpha (AOA) House staff Officer, EUSM

21

2002 Pillar of Excellence Award. Fulton County Department of

22

Health and Wellness Communicable Disease Prevention

23

Branch, Atlanta GA

24

2002 Emory University Humanitarian Award for extraordinary

25

service in Leadership Betterment of the Human Condition the

26

Emory University Rollins School of Public Health

27

2002 Winner of the Essay Contest on the Health of Developing

28

Countries:

21

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 23 of 58 Page ID #:364

1

Causes and Effects in Relation to Economics or Law, sponsored

2

by the Center for International Development at Harvard

3

University and the World Health Organization Commission on

4

Macroeconomics Health with the essay "Infectious Diseases,

5

Non-zero Sum Thinking and the Developing World”

6

2002 “James W. Alley” Award for Outstanding Service to

7

Disadvantaged Populations, Rollins School of Public Health of

8

Emory University May 2002. Received during Commencement

9

Ceremony Graduation to obtain the Degree of Masters in Public

10

Health

11

2006 Golden Apple Award for Excellence in Teaching, Emory

12

University, School of Med

13

2006 Best Conference Award Conference, “Juha Kokko” Best

14

Conference Department of Medicine, EUSM

15

2007 “Jack Shulman” Award Infectious Disease fellowship,

16

Excellence in Teaching Award, Division of Infectious Diseases,

17

EUSM

18

2007 Emerging Threats in Public Health: Pandemic Influenza CD-

19

ROM, APHA’s Public Health Education and Health Promotion

20

Section, Annual Public Health Materials Contest award

21

2009 National Center for Preparedness, Detection, and Control of

22

Infectious Diseases. Honor Award Certificate for an exemplary

23

partnership in clinical and epidemiologic monitoring of illness

24

related to international travel. NCPDCID Recognition Awards

25

Ceremony, April 2009. CDC, Atlanta, GA

26

2012 The ISTM Awards Committee, directed by Prof. Herbert

27

DuPont, selected the article "Rethinking typhoid fever

28

22

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 24 of 58 Page ID #:365

1

vaccines" in the Journal of Travel Medicine (Best Review

2

Article)

3

2012 Best Clinical Teacher. Albany Family Medicine Residency

4

Program

5

2018 Outstanding Educator Award – Infectious Diseases Fellowship,

6

Division of Infectious Diseases, University of Colorado,

7

Anschutz Medical Center, Aurora Colorado

8

9 EDITORSHIP AND EDITORIAL BOARDS

10 2007-Present Deputy/Associate Editor PLoS Neglected Tropical Disease

11

Public Library of Science

12 2017-2018

Deputy Editor, Annals of Clinical Microbiology and

13

Antimicrobials BMC

14 2007-2019

Core Faculty International AIDS Society-USA -Travel and

15

Tropical Medicine/HIV/AIDS

16

17 INTERNATIONAL COMMITTEES

18 2018- Member of the Examination Committee of the International Society of

19

Travel Medicine. Developing Examination Questions and Proctoring the

20

Certificate in Traveler’s Health Examination

21

Proctor Certificate of Traveler’s Health Examination (CTH) as part of the

22

International Society of Travel Medicine– 12th Asia-Pacific Travel Health

23

Conference, Thailand 21-24 March 2019

24

Proctor Certificate of Traveler’s Health Examination (CTH), Atlanta, GA,

25

September, 2019

26

27 PRESENTATIONS AT NATIONAL/INTERNATIONAL MEETINGS

28 2017- Meeting of the Colombian Society of Infectious Diseases, August 2017:

23

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 25 of 58 Page ID #:366
1 Discussion of Clinical Cases Session, Influenza, MERS-Coronavirus, Leprosy, 2 Enteric Fever 3 2018 – Cutaneous Mycobacterial Diseases, Universidad Cayetano Heredia, 4 Lima, Peru, Mayo 2018 5 2018 – Scientific Writing Seminar, ACIN, Pereira, Colombia, August 2-4, 2018 6 2019 – First International Congress of Tropical Diseases ACINTROP 2019. March 7 21, 2019, Monteria, Colombia, Topic: Leishmaniasis 8 2019 – One Health Symposium of Zoonoses, Pereira Colombia, August 16-17, 9 2019, Topic: Zoonotic Leprosy 10 2019 – Congress Colombian Association of Infectious Diseases (ACIN), Topic: 11 Leprosy in Latin America, Cartagena, Colombia, August 21-24, 2019 12 2019 – World Society Pediatric Infectious Diseases, Manila Philippines, November 13 7-9, 2019 - Tropical Medicine Symposium: Diagnosis, Treatment, and Prevention 14 of Leprosy. 15 2019 – FLAP. Federacion Latino Americana de Parasitologia, Panama, Panama, 16 November 26, 2019, Oral Transmission of Leprosy Symposium 17 2019 – FLAP. Federacion Latino Americana de Parasitologia, Panama, Panama, 18 November 27, 2019, Leprosy Situation in the Americas. 19 20 21 PUBLICATIONS 22 BOOKS 23 Franco-Paredes C, Santos-Preciado JI. Neglected Tropical Diseases in Latin 24 America and the Caribbean, Springer-Verlag, 2015. ISBN-13: 978-3709114216 25 ISBN-10: 3709114217 26 Franco-Paredes C. Core Concepts in Clinical Infectious Diseases, Academic 27 Press, Elsevier, March 2016. ISBN: 978-0-12-804423-0 28
24

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1 2 RESEARCH ORIGINAL ARTICLES (clinical, basic science, other) in 3 refereed journals: 4 1. Del Rio C, Franco-Paredes C, Duffus W, Barragan M, Hicks G. Routinely 5 Recommending HIV Testing at a Large Urban Urgent-Care Clinic – Atlanta, GA. 6 MMWR Morbid Mortal Wkly Rep 2001; 50:538-541. 7 2. Del Rio C, Barragán M, Franco-Paredes C. Pneumocystis carinii Pneumonia. 8 N Engl J Med 2004; 351:1262-1263. 9 3. Barragan M, Hicks G, Williams M, Franco-Paredes C, Duffus W, Del Rio C. 10 Health Literacy is Associated with HIV Test Acceptance. J Gen Intern Med 2005; 11 20:422-425. 12 4. Rodriguez-Morales A, Arria M, Rojas-Mirabal J, Borges E, Benitez J, Herrera 13 M, Villalobos C, Maldonado A, Rubio N, Franco-Paredes C. Lepidopterism Due 14 to the Exposure of the Moth Hylesia metabus in Northeastern Venezuela. Am J 15 Trop Med Hyg 2005; 73:991-993. 16 5. Rodriguez-Morales A, Sánchez E, Arria M, Vargas M, Piccolo C, Colina R, 17 Franco-Paredes C. White Blood Cell Counts in Plasmodium vivax. J Infect Dis 18 2005; 192:1675-1676. 19 6. Franco-Paredes C, Nicolls D, Dismukes R, Kozarsky P. Persistent Tropical 20 Infectious Diseases among Sudanese Refugees Living in the US. Am J Trop Med 21 Hyg 2005; 73: 1. 22 7. Osorio-Pinzon J, Moncada L, Franco-Paredes C. Role of Ivermectin in the 23 Treatment of Severe Orbital Myiasis Due to Cochliomyia hominivorax. Clin 24 Infect Dis 2006; 3: e57-9. 25 8. Rodriguez-Morales A, Franco-Paredes C. Impact of Plasmodium vivax 26 Malaria during Pregnancy in Northeastern Venezuela. Am J Trop Med Hyg 2006; 27 74:273-277. 28
25

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1 9. Rodriguez-Morales A, Nestor P, Arria M, Franco-Paredes C. Impact of 2 Imported Malaria on the Burden of Malaria in Northeastern Venezuela. J Travel 3 Med 2006; 13:15-20. 4 10. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, 5 Franco-Paredes C. Is anemia in Plasmodium vivax More Severe and More 6 Frequent than in Plasmodium falciparum? Am J Med 2006; 119:e9-10. 7 11. Hicks G, Barragan M, Franco-Paredes C, Williams MV, del Rio C. Health 8 Literacy is a Predictor of HIV Knowledge. Fam Med J 2006; 10:717-723. 9 12. Cardenas R, Sandoval C, Rodriguez-Morales A, Franco-Paredes C. Impact of 10 Climate Variability in the Occurrence of Leishmaniasis in Northeastern Colombia. 11 Am J Trop Med Hyg 2006; 75:273-7. 12 13. Franco-Paredes C, Nicolls D, Dismukes R, Wilson M, Jones D, Workowski 13 K, Kozarsky P. Persistent and Untreated Tropical Infectious Diseases among 14 Sudanese Refugees in the US. Am J Trop Med Hyg 2007; 77:633-635. 15 14. Rodríguez-Morales AJ, Sanchez E, Arria M, Vargas M, Piccolo C, Colina R, 16 Franco-Paredes C. Hemoglobin and haematocrit: The Threefold Conversion is 17 also Non Valid for Assessing Anaemia in Plasmodium vivax Malaria-endemic 18 Settings. Malaria J 2007; 6:166. 19 15. Franco-Paredes C, Jones D, Rodriguez-Morales AJ, Santos-Preciado JI. 20 Improving the Health of Neglected Populations in Latin America. BMC Public 21 Health 2007; 7. 22 16. Kelly C, Hernández I, Franco-Paredes C, Del Rio C. The Clinical and 23 Epidemiologic Characteristics of Foreign-born Latinos with HIV/AIDS at an 24 Urban HIV Clinic. AIDS Reader 2007; 17:73-88. 25 17. Hotez PJ, Bottazzi ME, Franco-Paredes C, Ault SK, Roses-Periago M. The 26 Neglected Tropical Diseases of Latin America and the Caribbean: Estimated 27 Disease Burden and Distribution and a Roadmap for Control and Elimination. 28 PLoS Negl Trop Dis 2008; 2:e300.
26

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 28 of 58 Page ID #:369
1 18. Tellez I, Barragan M, Nelson K, Del Rio C, Franco-Paredes C. Pneumocystis 2 jiroveci (PCP) in the Inner City: A Persistent and Deadly Pathogen. Am J Med Sci 3 2008; 335:192-197. 4 19. Rodriguez-Morales AJ, Olinda, Franco-Paredes C. Cutaneous Leishmaniasis 5 Imported from Colombia to Northcentral Venezuela: Implications for Travel 6 Advice. Trav Med Infect Dis 2008; 6(6): 376-9. 7 20. Jacob J, Kozarsky P, Dismukes R, Bynoe V, Margoles L, Leonard M, Tellez I, 8 Franco-Paredes C. Five-Year Experience with Type 1 and Type 2 Reactions in 9 Hansen’s Disease at a US Travel Clinic. Am J Trop Med Hygiene 2008; 79:45210 454. 11 21. Delgado O, Silva S, Coraspe V, Ribas MA, Rodriguez-Morales AJ, Navarro P, 12 Franco-Paredes C. Epidemiology of Cutaneous Leishmaniasis in Children and 13 Adolescents in Venezuela. Trop Biomed. 2008; 25(3):178-83. 14 22. Franco-Paredes C, Lammoglia L, Hernandez I, Santos-Preciado JI. 15 Epidemiology and Outcomes of Bacterial Meningitis in Mexican Children: 1016 Years' Experience (1993-2003). Int J Infect Dis 2008; 12:380-386. 17 23. Pedroza A, Huerta GJ, Garcia ML, Rojas A, Lopez I, Peñagos M, Franco18 Paredes C, Deroche C, Mascareñas C. The Safety and Immunogenicity of 19 Influenza Vaccine in Children with Asthma in Mexico. Int J Infect Dis 2009; 20 13(4): 469-75. 21 24. Museru O, Franco-Paredes C. Epidemiology and Outcomes of Hepatitis B 22 Virus Infection among Refugees Seen at U.S. Travel Medicine Clinic: 2005-2008. 23 Travel Med Infect Dis 2009; 7: 171-179. 24 25. Rodriguez-Morales AJ, Olinda M, Franco-Paredes C. Imported Cases of 25 Malaria Admitted to Two Hospitals of Margarita Island, Venezuela: 1998-2005. 26 Travel Med Infect Dis 2009: (1): 48-45. 27 28
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1 26. Kelley CF, Checkley W, Mannino DM, Franco-Paredes C, Del Rio C, 2 Holguin F. Trends in Hospitalizations for AIDS-associated Pneumocystis jiroveci 3 Pneumonia in the United States (1986-2005). Chest 2009; 136(1): 190-7. 4 27. Carranza M, Newton O, Franco-Paredes C, Villasenor A. Clinical Outcomes 5 of Mexican Children with Febrile Acute Upper Respiratory Infection: No Impact 6 of Antibiotic Therapy. Int J Infect Dis 2010; 14(9): e759-63. 7 28. Museru O, Vargas M, Kinyua M, Alexander KT, Franco-Paredes C, Oladele 8 A. Hepatitis B Virus Infection among Refugees Resettled in the U.S.: High 9 Prevalence and Challenges in Access to Health Care. J Immigrant Minor Health 10 2010; 11 29. Moro P, Thompson B, Santos-Preciado JI, Weniger B, Chen R, Franco12 Paredes C. Needlestick injuries in Mexico City sanitation workers. Revista 13 Panamericana de Salud Pública/Pan American Journal of Public Health 2010; 27 14 (6): 467-8. 15 30. Barragan M, Holtz M, Franco-Paredes C, Leonard M. The Untimely 16 Misfortune of Tuberculosis Diagnosis at time of Death. Infect Dis Clin Pract 2010; 17 18(6):1-7. 18 31. Hochberg N, Armstrong W, Wang W, Sheth A, Moro R, Montgomery S, 19 Steuer F, Lennox J, Franco-Paredes C. High Prevalence of Persistent Parasitic 20 Infections in Foreign-born HIV-infected Persons in the United States. PLoS 21 Neglect Dis 2011; 5(4): e1034. 22 32. Larocque RC, Rao SR, Lee J, Ansdell V, Yates JA, Schwartz BS, Knouse M, 23 Cahill J, Hagmann S, Vinetz J, Connor BA, Goad JA, Oladele A, Alvarez S, 24 Stauffer W, Walker P, Kozarsky P, Franco-Paredes C, Dismukes R, Rosen J, 25 Hynes NA, Jacquerioz F, McLellan S, Hale D, Sofarelli T, Schoenfeld D, Marano 26 N, Brunette G, Jentes ES, Yanni E, Sotir MJ, Ryan ET; the Global TravEpiNet 27 Consortium. Global TravEpiNet: A National Consortium of Clinics Providing Care 28 to International Travelers--Analysis of Demographic Characteristics, Travel
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1 Destinations, and Pretravel Healthcare of High-Risk US International Travelers, 2 2009-2011. Clin Infect Dis. 2012; 54(4):455-462. 3 33. Espinosa-Padilla SE, Murata C, Estrada-Parra S, Santos-Argumendo L, 4 Mascarenas C, Franco-Paredes C, Espinosa-Rosales FJ. Immunogenicity of a 235 valent pneumococcal polysaccharide vaccine among Mexican children. Arch Med 6 Res 2012; 7 34. Harris JR, Lockhart SR, Sondermeyer G, Vugia DJ, Crist MB, D'Angelo MT, 8 Sellers B, Franco-Paredes C, Makvandi M, Smelser C, Greene J, Stanek D, Signs 9 K, Nett RJ, Chiller T, Park BJ. Cryptococcus gattii infections in multiple states 10 outside the US Pacific Northwest. Emerg Infect Dis. 2013; 19 (10):1620-6. 11 35. Franco-Paredes C. Aerobic actinomycetes that masquerade as pulmonary 12 tuberculosis. Bol Med Hosp Infant Mex 2014; 71(1): 36-40. 13 36. Chastain DB, Ngando I, Bland CM, Franco-Paredes C, and Hawkins WA. 14 Effect of the 2014 Clinical and Laboratory Standard Institute urine-specific 15 breakpoints on cefazolin susceptibility rates at a community teaching hospital. Ann 16 Clin Microbiol Antimicrob 2017; 16(1): 43. 17 37. Kashef Hamadani BH, Franco-Paredes C, MCollister B, Shapiro L, Beckham 18 JD, Henao-Martinez AF. Cryptococcosis and cryptococcal meningitis- new 19 predictors and clinical outcomes at a United States Academic Medical Center. 20 Mycoses 2017; doi: 10.1111/myc.12742. 21 38. Chastain DB, Franco-Paredes C, Wheeler SE, Olubajo B, Hawkins A. 22 Evaluating Guideline Adherence regarding Empirical Vancomycin use in patients 23 with neutropenic fever. Int J Infect Dis 2018; Feb 22. pii: S1201-9712(18)30052-3. 24 doi: 10.1016/j.ijid.2018.02.016. PMID: 29477362 25 39. Parra-Henao G, Amioka E, Franco-Paredes C, Colborn KL, Henao-Martinez 26 AF. Heart failure symptoms and ecological factors as predictors of Chagas disease 27 among indigenous communities in the Sierra Nevada de Santa Marta, Colombia. J 28
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1 Card Fail 2018; Mar 26. pii: S1071-9164(18)30119-2. doi: 2 10.1016/j.cardfail.2018.03.007. 3 40. Vela Duarte D, Henao-Martinez AF, Nyberg E, Castellanos P, Franco4 Paredes C, Chastain DB, Lacunar Stroke in Cryptococcal Meningitis: Clinical and 5 Radiographic Features. J Stroke and Cerebrovascular Disease 2019; 6 41. Chastain DB, Henao-Martinez AF, Franco-Paredes C. A clinical pharmacist 7 survey of prophylactic strategies used to prevent adverse events of lipid-associated 8 formulations of amphotericin B. Infect Dis 2019; 9 42. Henao-Martínez AF, Chadalawada S, Villamil-Gomez WE, DeSanto K, Rassi 10 A Jr, Franco-Paredes C. Duration and determinants of Chagas latency: an 11 etiology and risk systematic review protocol. JBI Database System Rev Implement 12 Rep. 2019 Jul 22. doi: 10.11124/JBISRIR-D-18-00018. 13 14 CONSENSUS STATEMENTS 15 16 Pritchett MA, Oberg CL, Belanger A, De Cardenas J, Cheng G, Cumbo Nacheli G, 17 Franco-Paredes C, Singh J, Toth J, Zgoda M, Folch E. Society for Advanced 18 Bronchoscopy Consensus Statement and Guidelines for bronchoscopy and airway 19 management amid the COVID-19 pandemic. J Thorac Dis 2020; 20 http:/dx.doi.org/10.21037/jtd.2020.04.32 21 22 RESEARCH ORIGINAL ARTICLES AS COLLABORATOR (clinical, basic 23 science, other) in refereed journals: 24 43. Benator D, Bhattacharya M, Bozeman L, Burman W, Cantazaro A, Chaisson 25 R, Gordin F, Horsburgh CR, Horton J, Khan A, Lahart C, Metchock B, Pachucki 26 C, Stanton L, Vernon A, Villarino ME, Wang YC, Weiner M, Weis S; 27 Tuberculosis Trials Consortium. Rifapentine and Isoniazid Once a Week versus 28 Rifampicin and Isoniazid twice a week for Treatment of Drug-susceptible
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1 Pulmonary Tuberculosis in HIV-Negative Patients: a Randomised Clinical Trial. 2 Lancet 2002; 360:528-34. 3 44. Weiner M, Burman W, Vernon A, Benator D, Peloquin CA, Khan A, Weis S, 4 King B, Shah N, Hodge T; Tuberculosis Trials Consortium. Low INH 5 Concentrations and Outcome of Tuberculosis Treatment with Once-weekly INH 6 and Rifapentine. Am J Rev Crit Care Med 2003; 167:1341-1347. 7 45. Jasmer RM, Bozeman L, Schwartzman K, Cave MD, Saukkonen JJ, Metchock 8 B, Khan A, Burman WJ; Tuberculosis Trials Consortium. Recurrent 9 Tuberculosis in the United States and Canada: Relapse or Reinfection? Am J 10 Respir Crit Care Med 2004; 170:1360-1366. 11 Mendelson M, Davis XM, Jensenius M, Keystone JS, von Sonnenburg F, Hale DC, 12 Burchard GD, Field V, Vincent P, Freedman DO; GeoSentinel Surveillance 13 Network. Health risks in travelers to South Africa: the GeoSentinel experience and 14 implications for the 2010 FIFA World Cup. Am J Trop Med Hyg. 2010; 82(6): 15 991-5. 16 46. Hagmann S, Neugebauer R, Schwartz E, Perret C, Castelli F, Barnett ED, 17 Stauffer WM; GeoSentinel Surveillance Network. Illness in children after 18 international travel: analysis from the GeoSentinel Surveillance Network. 19 Pediatrics. 2010; 1 25(5): e1072-80. 20 47. Schlagenhauf P, Chen LH, Wilson ME, Freedman DO, Tcheng D, Schwartz E, 21 Pandey P, Weber R, Nadal D, Berger C, von Sonnenburg F, Keystone J, Leder K; 22 GeoSentinel Surveillance Network. Sex and gender differences in travel23 associated disease. Clin Infect Dis. 2010; 50 (6): 826-32. 24 48. Jensenius M, Davis X, von Sonnenburg F, Schwartz E, Keystone JS, Leder K, 25 Lopéz-Véléz R, Caumes E, Cramer JP, Chen L, Parola P; GeoSentinel 26 Surveillance Network. Multicener GeoSentinel analysis of rickettsial diseases in 27 international travelers, 1996-2008. Emerg Infect Dis. 2009; 15(11):1791-8. 28
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1 49. Chen LH, Wilson ME, Davis X, Loutan L, Schwartz E, Keystone J, Hale D, 2 Lim PL, McCarthy A, Gkrania-Klotsas E, Schlagenhauf P; GeoSentinel 3 Surveillance Network. Emerg Infect Dis. 2009; 15(11): 1773-82. 4 50. Nicolls DJ, Weld LH, Schwartz E, Reed C, von Sonnenburg F, Freedman DO, 5 Kozarsky PE; GeoSentinel Surveillance Network. Characteristics of 6 schistosomiasis in travelers reported to the GeoSentinel Surveillance Network 7 1997-2008. Am J Trop Med Hyg 2008; 79(5): 729-34. 8 51. Greenwood Z, Black J, Weld L, O'Brien D, Leder K, Von Sonnenburg F, 9 Pandey P, Schwartz E, Connor BA, Brown G, Freedman DO, Torresi J; 10 GeoSentinel Surveillance Network. Gastrointestinal infection among 11 international travelers globally. J Travel Med 2008; 1 5(4):221-8. 12 52. Davis XM, MacDonald S, Borwein S, Freedman DO, Kozarsky PE, von 13 Sonnenburg F, Keystone JS, Lim PL, Marano N; GeoSentinel Surveillance 14 Network. Health risks in travelers to China: the GeoSentinel experience and 15 implications for the 2008 Beijing Olympics. Am J Trop Med Hyg 2008; 79(1): 4-8. 16 53. Boggild AK, Castelli F, Gautret P, Torresi J, von Sonnenburg F, Barnett ED, 17 Greenaway CA, Lim PL, Schwartz E, Wilder-Smith A, Wilson ME; GeoSentinel 18 Surveillance Network. Vaccine preventable diseases in returned international 19 travelers: results from the GeoSentinel Surveillance Network. Vaccine 2010; 20 28(46):7389-95. 21 54. Esposito DH, Han PV, Kozarsky PE, Walker PF, Gkrania-Klotsas E, Barnett 22 ED, Libman M, McCarthy AE, Field V, Connor BA, Schwartz E, MacDonald S, 23 Sotir MJ; GeoSentinel Surveillance Network. Characteristics and spectrum of 24 disease among ill returned travelers from pre- and post-earthquake Haiti: The 25 GeoSentinel experience. Am J Trop Med Hyg 2012 Jan; 86(1):23-8. 26 55. Boggild AK, Castelli F, Gautret P, Torresi J, von Sonnenburg F, Barnett ED, 27 Greenaway CA, Lim PL, Schwartz E, Wilder-Smith A, Wilson ME; GeoSentinel 28 Surveillance Network. Latitudinal patterns of travel among returned travelers
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1 with influenza: results from the GeoSentinel Surveillance Network, 1997-2007. J 2 Travel Med 2012; 19(1):4-8. doi: 10.1111/j.1708-8305.2011.00579.x. 3 4 REVIEW, EDITORIALS, CASE SERIES, CASE REPORT ARTICLES: 5 56. Franco-Paredes C, Jurado R. Ankylosing Spondylitis Fibrocavitary Lung 6 Disease. Clin Infect Dis 2001; 32:1062. 7 57. Franco-Paredes C, Evans J, Jurado R. Diabetes Insipidus due to Streptococcus 8 pneumoniae Meningitis. Arch Intern Med 2001; 161; 1114-15. 9 58. Franco-Paredes C, Blumberg H. Tuberculosis Psoas Abscess caused by 10 Mycobacterium tuberculosis and Staphylococcus aureus: Case Report and Review. 11 Am J Med Sci 2001; 321:415-17. 12 59. Jurado R, Franco-Paredes C. Aspiration Pneumonia: A Misnomer. Clin 13 Infect Dis 2001;33:1612-3. 14 60. Del Rio Carlos, Franco-Paredes C. Bioterrorism: A New Public Health 15 Problem. Sal Publ Mex 2001; 43:585-88. 16 61. Franco-Paredes C, Blumberg H. New Concepts in the Diagnosis of Latent 17 Tuberculosis Infection. Consultant 2001; 41:1105-1121. 18 62. Franco-Paredes C, Bellehemeur T, Sanghi P, et al. Aseptic Meningitis and 19 Retrobulbar Optic Neuritis Caused By VZV Preceding the Onset of PORN in a 20 Patient with AIDS. AIDS 2002; 16:1045-1049. 21 63. Franco-Paredes C, Mehrabi D, Calle J, Jurado R. Night Sweats Revisited. 22 Infect Dis Clin Pract 2002; 11:291-293. 23 64. Franco-Paredes C, Jurado R, Del Rio C. The Clinical Utility of the Urine 24 Gram Stain. Infect Dis Clin Pract 2002; 11:561-563. 25 65. Franco-Paredes C, Agudelo C. Editorial Response: The Ever Expanding 26 Clinical Spectrum of Tuberculosis. J Clin Rheumatol 2002;8:1-2. 27 28
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1 66. Franco-Paredes C, Rebolledo P, Folch E, Hernandez I, Del Rio C. Diffuse 2 CD8 Lymphocytosis Syndrome in HIV-infected Patients. AIDS Reader 2002; 3 12:408-13. 4 67. Franco-Paredes C. Human Immunodeficiency Virus Infection as a Risk 5 Factor for Tuberculosis Infection and Clinical Disease. Infect Med 2002; 19:4756 479. 7 68. Franco-Paredes C, Leonard M, Jurado R, Blumberg H. Tuberculosis of the 8 Pancreas. Report of two cases and Review of the Literature. Am J Med Sci 2002; 9 323(1): 54-58. 10 69. DiazGranados C, Franco-Paredes C, Steinberg J. A Long Suffering Patient 11 with New Abdominal Pain. Clin Infect Dis 2002; 34(9):1213-1214; 1267-1268. 12 70. Franco-Paredes C, Martin K. Extranodal Rosai-Dorfman Manifested in the 13 Meninges. Southern Med J 2002; 95(9): 1101-1104. 14 71. Franco-Paredes C, Workowski K, Harris M. Infective Endocarditis15 Endarteritis Complicating Coarctation of the Aorta. Am J Med 2002; 112(7):59016 92. 17 72. Folch E, Hernandez I, Barragan M, Franco-Paredes C. Infectious Disease, 18 Non-Zero Sum Thinking and the Developing World. Am J Med Sci 2003; 326:6619 72. 20 73. Franco-Paredes C, Santos Preciado JI. Parasitology Resources on the World 21 Wide Web: A Powerful Tool for Infectious Diseases Practitioners. Clin Infect Dis 22 2003; 37:694-701. 23 74. Franco-Paredes C, Tellez I, Santos-Preciado JI. Monkeypox Virus Infection 24 Appears in the Americas. Salud Publ Mex 2003; 45:428-430. 25 75. Franco-Paredes C, Del Rio C, Nava Frías M, Rangel Frausto S, Téllez I, 26 Santos Preciado JI. Confronting Bioterrorism: Epidemiologic, Clinical, and 27 Preventive Aspects of Smallpox. Sal Publ Mex 2003; 45:298-309. 28
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1 76. Franco-Paredes C, Kuri-Morales P, Alvarez-Lucas C, Zavala E, Betancourt 2 M, Nava-Frias M, Santos-Preciado JI. Severe Acute Respiratory Syndrome: A 3 Global View of the Epidemic. Sal Publ Mex 2003; 45:211-220. 4 77. Huneycut D, Folch E, Franco-Paredes C. Atypical Manifestations of 5 Infections in Patients with Familial Dysautonomia. Am J Med 2003; 115(6): 5056 506. 7 78. Franco-Paredes C, Sanghi P. Progressive Multifocal Leukoencephalopathy. 8 Infect Med 2003; 20(8):376. 9 79. Franco-Paredes C, Guarner J, McCall C, Mehrabi D, Del Rio C. Clinical and 10 Pathological Recognition of Leprosy. Am J Med 2003; 114(3):246-7. 11 80. Franco-Paredes C, Lammoglia L, Santos Preciado JI. Historical Perspective 12 of Smallpox in Mexico: Origins, Elimination, and Risk of Reintroduction due to 13 Bioterrorism. Gac Med Mex 2004; 141:321-328. 14 81. Santos-Preciado JI, Franco-Paredes C. Influenza Vaccine in Childhood: a 15 Preventive Strategy of National Priority. Salud Publ Mex 2004; 46:498-500. 16 82. Almeida L, Franco-Paredes C, Pérez LF, Santos JI. Meningococcal Disease: 17 Preventive and Clinical Aspects. Salud Publ Mex 2004; 46(5):438-50. 18 83. Franco-Paredes C, Téllez I, Del Rio C. The Inverse Relationship between 19 Decreased Infectious Diseases and Increased Inflammatory Disease Occurrence. 20 Arch Med Res 2004; 35:258-26. 21 84. Arria M, Rodríguez-Morales A, Franco-Paredes C. Galeria Eco22 epidemiológica de la Cuenca Amazónica. Rev Peru Salud Publ 2005; 22:236-240. 23 85. Franco-Paredes C, Lammoglia L, Santos-Preciado JI. The Spanish Royal 24 Philanthropic Expedition to Bring Smallpox Vaccination to the New World and 25 Asia in the 19th Century. Clin Infect Dis 2005; 41:1285-1289. 26 86. Diaz-Borjon A, Lim S, Franco-Paredes C. Multifocal Septic Arthritis: An 27 Unusual Complication of Invasive Streptococcus pyogenes Infection. Am J Med 28 2005. 118(8): 924-925.
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1 87. Franco-Paredes C, Rodríguez A. Lepromatous Leprosy. Infect Med 2005 2 88. Santos-Preciado JI, Franco-Paredes C. Tratamiento Acortado Estrictamente 3 Supervisado (TAES o DOTS) Para Tuberculosis en Poblaciones Con Niveles 4 Moderados de Farmacorresistencia: Perspectiva del Impacto Internacional. Rev 5 Inv Clin 2005; 57:488-490. 6 89. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, 7 Franco-Paredes C. Severe Thrombocytopenia, Reply to Spinello et al. Clin Infect 8 Dis 2005; 41:1211-1212. 9 90. Franco-Paredes C, Dismukes R, Nicolls D, Kozarsky P. Reply to Newton et 10 al. Clin Infect Dis 2005;41:1688-1689. 11 91. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, 12 Franco-Paredes C. Occurrence of Thrombocytopenia in Plasmodium vivax 13 malaria. Clin Infect Dis 2005;41:130-131. 14 92. Franco-Paredes C, Rodríguez-Morales A, Santos-Preciado JI. Bioterrorism: 15 Preparing for the Unexpected. Rev Inv Clin 2005; 57: 57(5):695-705. 16 93. Franco-Paredes C, Tellez I, Del Rio C, Santos-Preciado JI. Pandemic 17 Influenza: Impact of Avian Influenza. Salud Publ Mex 2005; 2: 47(2):107-9. 18 94. Franco-Paredes C, Dismukes R, Nicolls D, Kozarsky D. Neurotoxicity 19 Associated To Misdiagnosis of Malaria. Clin Infect Dis 2005; 40:1710-1711. 20 95. Rodríguez-Morales A, Benitez J, Franco-Paredes C. Plasmodium vivax 21 Malaria Imported from a rural Area Near Caracas Venezuela? J Trav Med 2006; 22 13:325-326. 23 96. Franco-Paredes C, Tellez I, Del Rio C. Rapid HIV Testing. Current 24 HIV/AIDS Reports 2006; 3:169-75. 25 97. Franco-Paredes C, Hidron A, Steinberg JP. Photo Quiz: An 82-year-old 26 Female from Guyana with Fever and Back pain. Chyluria due to Wuchereria 27 bancrofti Infection. Clin Infect Dis 2006; 42 (9): 1297; 1340-1341. 28
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1 98. Franco-Paredes C, Kozarsky P, Nicolls D, Dismukes R. Pelvic 2 Echinococcosis in a Northern Iraqi Refugee. J Trav Med 2006. 13 (2): 119-122. 3 99. Franco-Paredes C, Santos-Preciado JI. Prevention of Malaria in Travelers. 4 Lancet Infect Dis 2006; 6:139-149. 5 100. Franco-Paredes C, Santos-Preciado JI. Reply to Christenson. Clin Infect 6 Dis 2006; 42: 731-732. 7 101. Franco-Paredes C, Diaz-Borjon A, Barragán L, Senger M, Leonard M. The 8 Ever Expanding Association between Tuberculosis and Rheumatologic Diseases. 9 Am J Med 2006; 119:470-477. 10 102. Franco-Paredes C, Rouphael N, Del Rio C, Santos-Preciado JI. Vaccination 11 Strategies to Prevent Tuberculosis in the New Millennium: From BCG to New 12 Vaccine Candidates. Int J Infect Dis 2006; 10:93-102. 13 103. Tellez I, Calderon O, Franco-Paredes C, Del Rio C. West Nile Virus: A 14 Reality in Mexico. Gac Med Mex 2006; 142:493-9. 15 104. Franco-Paredes C, Santos-Preciado JI. Reply to Christenson. Clin Infect 16 Dis 2006; 42:731-732. 17 105. Kieny MP, Costa A, Carrasco P, Perichov Y, Franco-Paredes C, Santos18 Preciado JI, et al. A Global Pandemic Influenza Vaccine Action Plan. Vaccine 19 2006; 24:6367-6370. 20 106. Franco-Paredes C, Anna Von, Alicia Hidron, Alfonso J. Rodríguez-Morales, 21 Ildefonso Tellez, Maribel Barragán, Danielle Jones, Cesar G. Náquira, Jorge 22 Mendez. Chagas Disease: An Impediment in Achieving the Millennium 23 Development Goals in Latin America. BMC Int Health Hum Rights 2007; 7:7. 24 107. Von A, Zaragoza E, Jones D, Rodriguez-Morales A, Franco-Paredes C. 25 New Insights into Chagas Disease: A Neglected Disease in Latin America. J Infect 26 Developing Countries 2007; 1:99-111. 27 108. Tellez I, Franco-Paredes C, Caliendo A, Del Rio C. Rapid HIV Test: A 28 Primer for Clinicians. Infect Med 2007; 24:381-385.
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1 109. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, 2 Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 1. General Aspects 3 and Immunopathogenesis. Clin Cardiol 2007; 30:195-199. 4 110. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, 5 Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 2. Myocardial 6 Manifestations of Parasitic Diseases. Clin Cardiol 2007; 30:218-222. 7 111. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, 8 Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 3. Pericardial 9 Manifestations of Parasitic Diseases and Other Cardiopulmonary Manifestations. 10 Clin Cardiol 2007; 30:277-280. 11 112. Rouphael N, Talati N, Franco-Paredes C. A Painful Thorn in the Foot: 12 Eumycetoma. Am J Med Sci 2007; 334:142-144. 13 113. Zimmer S, Franco-Paredes C. Efficacy of Nitazoxanide in the Treatment of 14 Cyclospora cayetanensis in a Patient Allergic to Sulfas. Clin Infect Dis 2007; 15 44(3):466-7. 16 114. Kaplan R, Rebolledo P, Gonzalez E, Franco-Paredes C. An Unexpected 17 Visitor: Mycobacterium kansasii Cutaneous Infection. Am J Med 2007; 18 120(5):415-6. 19 115. Seybold U, Blumberg H, Talati N, Franco-Paredes C. Hematogenous 20 Osteomyelitis Mimicking Osteosarcoma due to Community Associated 21 Methicillin-Resistant Staphylococcus aureus. Infect 2007; 35(3): 190-3. 22 116. Liff D, Kraft C, Pohlel K, Sperling L, Chen E, Franco-Paredes C. Nocardia 23 Nova Aortitis Following Coronary Artery Bypass Surgery. J Am Soc Echo 2007; 24 20(5):537:e7-8. 25 117. Rodriguez-Morales AJ, Franco-Paredes C. Paracoccidiodomycosis (South 26 American Blastomycosis) of the Larynx Mimicking Carcinoma. Am J Med Sci 27 2008; 335:149-150. 28
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1 118. Franco-Paredes C. Filariasis due Loa loa is also a cause of Angioedema. 2 Am J Med 2008; 121(10): e29. 3 119. Rodriguez-Morales A, Benitez J, Tellez I, Franco-Paredes C. Chagas 4 Disease Screening among Latin American Immigrants in Non-endemic Settings. 5 Travel Medicine and Infectious Disease 2008; 6:162-3. 6 120. Talati N, Rouphael N, Kuppali K, Franco-Paredes C. Spectrum of Central 7 Nervous System Manifestations due to Rapidly Growing Mycobacteria. Lancet 8 Infect Dis 2008; 8:390-8. 9 121. Rifakis P, Rodríguez-Morales A, Franco-Paredes C. Atypical Plasmodium 10 vivax Malaria in a Traveler: Bilateral hydronephrosis, Severe Thrombocytopenia, 11 and Hypotension. J Trav Med 2008; 15(2): 119-21. 12 122. Osorio-Pinzon J, Carvajal C, Sussman O, Buitrago R, Franco-Paredes C. 13 Acute liver failure due to dengue virus infection. Int J Infect Dis 2008; 12: 44414 445. 15 123. Jacob J, Franco-Paredes C. The Stigmatization of leprosy in India and its 16 Impact on future approaches to elimination and control. PloS Neglected Tropical 17 Diseases 2008; 30:e113. 18 124. Difrancesco L, Mora L, Doss M, Small J, Williams M, Franco-Paredes C. 19 Short of Breath: Not short of diagnosis. J Hosp Med 2009; 4(1):60-7. 20 125. Whitaker JA, Edupuganti S, Del Rio C, Franco-Paredes C. Rethinking 21 Typhoid Fever Vaccines: Implications for travelers and those living in endemic 22 areas. J Travel Med 2009, 16(1): 46-52. 23 126. Franco-Paredes C, Hidron A, Lesesne J, Tellez I, Del Rio C. HIV-AIDS: 24 Pretravel recommendations and health-related risks. Topics in HIV 2009; 17(1): 225 11. 26 127. Franco-Paredes C, Jacob JT, Stryjewska B, Yoder L. Two patients 27 with leprosy and the sudden appearance of Inflammation in the skin and 28 new sensory loss. PLoS Negl Trop Dis 2009; 3(9): e425.
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1 128. Franco-Paredes C, Hidron A, Jacob J, Nicolls D, Kuhar D, Caliendo A. 2 Transplantation and Tropical Infectious Diseases. Int J Infect Dis 2009; 14(3): 3 e189-96. 4 129. Parker S, Vogenthaler N, Franco-Paredes C. Leishmania tropica Cutaneous 5 and Presumptive Concomitant Viscerotropic Leishmaniasis with Prolonged 6 Incubation. Arch Dermatol 2009; 145(9): 1023-6. 7 130. DiazGranados C, Franco-Paredes C. HIV and Chagas Disease Co-Infection: 8 An Evolving Epidemiologic and Clinical Association. Lancet Infect Dis 2009; 9 9:324-330. 10 131. Hidron A, Franco-Paredes C, Drenkard C. A rare opportunistic infection in a 11 woman with systemic lupus erythematous and multiple skin lesions. Lupus 2009; 12 18 (12): 1100-3. 13 132. Franco-Paredes C, Kozarsky P. The Bottom Line. Am J Med 2009; 122(12): 14 1067-8. 15 133. Franco-Paredes C, Bottazzi ME, Hotez PJ. The Unfinished Agenda of 16 Chagas Disease Control in the Era of Globalization. PLoS Negl Trop Dis. 2009 Jul 17 7; 3(7): e470. 18 134. Franco-Paredes C, Carrasco P, Del Rio C, Santos Preciado JI. Respuesta al 19 Brote de Influenza A H1N1. Salud Publ Mex 2009; 51 (3): 183-186. 20 135. Franco-Paredes C. An Unusual Clinical Presentation of Posttraumatic Stress 21 Disorder in a Sudanese Refugee. Journal of Immigrant and Minority Health 2009; 22 12(2): 267-9. 23 136. Kempker R, DiFrancesco L, Gorgojo A, Franco-Paredes C. 24 Xantogranulomathous pyelonephritis caused by Community-Associated MRSA. 25 Cases Journal 2009; 2: 7437. 26 137. Franco-Paredes C, Carrasco P, Santos-Preciado JI. The First Influenza 27 Pandemic in the New Millennium: Lessons Learned Hitherto for Current Control 28
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1 Efforts and Overall Pandemic Preparedness. Journal of Immune Based Therapies 2 and Vaccines 2009, 7:2. 3 138. Livorsi D, Qureshi S, Howard M, Franco-Paredes C. Brainstem 4 Encephalitis: An Unusual Presentation of Herpes Simplex Virus Infection. J 5 Neurol 2010; 257(9): 1432-7. 6 139. Del Rio C, Franco-Paredes C. The Perennial threat of influenza viruses: The 7 Mexican Experience during the Influenza A (H1N1) 2009 Pandemic. Arch Med 8 Res 2010; 40(8):641-2. 9 140. Santos-Preciado JI, Franco-Paredes C, Hernandez-Ramos MI, Tellez I, Del 10 Rio C, Roberto Tapia-Conyer R. What have we learned from the Novel Influenza 11 A (H1N1) Influenza Pandemic in 2009 for strengthening Pandemic Influenza 12 Preparedness? Arch Med Res 2010; 40(8): 673-6. 13 141. Franco-Paredes C, Hernandez-Ramos MI, Del Rio C, Alexander KT, Tapia14 Conyer R, Santos-Preciado JI. H1N1 Influenza Pandemics: Comparing the Events 15 of 2009 in Mexico with those of 1976, and 1918-1919. Arch Med Res 2010; 40(8): 16 6730-6. 17 142. Graham A, Furlong S, Owusu K, Margoles L, Franco-Paredes C. Clinical 18 Management of Leprosy Reactions. Infect Dis Clin Pract 2010; 18: 234-7. 19 143. Hidron A, Vogenthaler N, Santos-Preciado JI, Rodriguez-Morales AJ, 20 Franco-Paredes C, Rassi A. Cardiac Involvement with Parasitic Diseases. Clin 21 Microb Rev 2010; 23 (2): 1-27. 22 144. Franco-Paredes C, Zeuli J, Hernandez-Ramos I, Santos-Preciado JI. 23 Preserving Idealism in Global Health. Global Health Prom 2010; 17(4): 57-60. 24 145. Franco-Paredes C. Reconstructing the Past of Poliovirus Eradication. 25 Lancet Infect Dis 2010; 10(10): 660-1. 26 146. Franco-Paredes C, Ko AI, Aksoy S, Hotez PJ. A New Clinical Section in 27 PLoS Neglected Tropical Diseases: NTD Photo Quiz. PLoS Neglect Trop Dis 28 2010; 4(9): e760.
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1 147. Tellez I, Franco-Paredes C. Actinomycetoma. PLoS Neglect Trop Dis 2010; 2 4(9): e772. 3 148. Franco-Paredes C, Hernandez I, Santos-Preciado JI. Equidad en 4 inmunizaciones en las poblaciones más vulnerables en Mesoamérica: Plan 5 Regional del Sistema Mesoamericano de Salud Pública. Salud Publ. Mex 2011; 53 6 Suppl 3:S323-32. 7 149. Santos-Preciado JI, Rodriguez MH, Franco-Paredes C. Equidad en Salud en 8 America Latina: De la Oficina Panamericana de Salud Pública a la Iniciativa de 9 Salud Pública. Salud Publ. Mex 2011; 53 Suppl 3:S289-94. 10 150. Rassi A Jr., Rassi A, Franco-Paredes C. A Latin-American woman with 11 palpitations, a right bundle branch block, and an apical aneursym. PLoS Neglect 12 Trop Dis 2011; 5(2):e852. doi: 10.1371/journal.pntd.0000852. 13 151. Gupta D, Green J, Franco-Paredes C, Lerakis S. Challenges in the Clinical 14 Management of Blood-Culture Negative Endocarditis: the case of Bartonella 15 henselae infection. Am J Med 2011; 124(3):e1-2. doi: 16 10.1016/j.amjmed.2010.09.022. 17 152. Franco-Paredes C. Health Equity is not only Healthcare Delivery. Lancet 18 2011; 377: 1238. 19 153. Franco-Paredes C, Santos-Preciado JI. Freedom, Justice, and the Neglected 20 Tropical Diseases. PLoS Neglect Trop Dis 2011; 5(8):e1235. 21 154. Sellers B, Hall P, Cine-Gowdie S, Hays AL, Patel K, Lockhart SR, Franco22 Paredes C. Cryptococcus gattii: An Emerging Fungal Pathogen in the 23 Southeastern United States. Am J Med Sci. 2012; 343(6):510-1. doi: 24 10.1097/MAJ.0b013e3182464bc7. 25 155. Franco-Paredes C. Poliovirus eradication. Lancet Infect Dis 2012; 26 12(6):432-3. doi: 10.1016/S1473-3099(12)70102-0. 27 28
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1 156. Franco-Paredes C, Ray S. Causes of persistent of acid-fast positive smears in 2 patients with pulmonary tuberculosis. Am J Med 2012; 125(12):e3-4. doi: 3 10.1016/j.amjmed.2012.03.002. 4 157. Franco-Paredes C. Causes of persistent of acid-fast positive smears in 5 patients with pulmonary tuberculosis. Am J Med 2013: 126(7):e17. doi: 6 10.1016/j.amjmed.2013.03.001. 7 158. Franco-Paredes C. Illness and Death in the Universe. Perm J. 2013; 8 17(4):90-1. 9 159. Hare A, Franco-Paredes C. Ocular Larva Migrans: A Severe Manifestation 10 of an Unseen Epidemic. Curr Trop Med Rep 2014; 1: 69-73. 11 160. Franco-Paredes C. Recovering our Human Story. J Cosmology and 12 Philosophy 2014;12: 210-213. 13 161. Powell DR, Patel S, Franco-Paredes C. Varicella-Zoster virus vasculopathy: 14 The growing association between herpes zoster virus and strokes. Am J Med Sci 15 2014; 350(3):243-5. 16 162. Franco-Paredes C. The growing threat of leishmaniasis in travelers. Trav 17 Med Infect Dis 2014; 12(6 Pt A):559-60. doi: 10.1016/j.tmaid.2014.10.020. 18 163. Franco-Paredes C, Sellers B, Hayes A, Chane T, Patel K, Lockhart S, Marr 19 K. Management of Cryptococcus gattii meningoencephalitis. Lancet Infect Dis 20 2014; 15(3):348-55. 21 164. White C, Franco-Paredes C. Leprosy in the 21st Century. Clin Microb Rev 22 2014; 28(1): 80-94. 23 165. Carrasco P, Franco-Paredes C, Andrus J, Waller K, Maassen A, Symenouh 24 E, Hafalia G. Inaugural conference of the International Association of 25 Immunization Managers (IAIM), Istanbul Turkey, 3-4 March 2015; Vaccine 2015; 26 33(33):4047-50. 27 28
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1 166. Franco-Paredes C, Rodriguez-Morales AJ. Unsolved matters in leprosy: a 2 descriptive review and call for further research. Ann Clin Microbiol Antimicrob 3 2016; 15(1):33. 4 167. Rodriguez-Morales AJ, Banderia AC, Franco-Paredes C. The expanding 5 spectrum of modes of transmission of Zika virus: a global concern. Ann Clin 6 Microbiol Antimicrob 2016; 15:13. doi: 10.1186/s12941-016-0128-2. 7 168. Khan MI, Katrinak C, Freeman A, Franco-Paredes C. Enteric Fever and 8 Invasive Nontyphidal Salmonellosis – 9th International Conference on typhoid and 9 Invasive NTS Disease, Bali, Indonesia, April 30-May 3, 2015. Emerg Infect Dis 10 2016; 22(4): doi: 10.3201/eid2204.151463. 11 169. Franco-Paredes C, Khan MI, Santos-Preciado JI, Gonzalez-Diaz E, 12 Rodriguez-Morales AJ, Gotuzzo E. Enteric Fever: A Slow Reponse to An Old 13 Plague. PLoS Negl Trop Dis 2016; 10(5):e0004597. doi: 14 10.1371/journal.pntd.0004597. 15 170. Rodriguez-Morales AJ, Villamil-Gomez WE, Franco-Paredes C. The 16 arboviral burden of disease caused by co-circulation and co-infection of dengue, 17 chikungunya and Zika in the Americas. Trav Med Infect Dis 2016; 14(3):177-9. 18 doi: 10.1016/j.tmaid.2016.05.004. 19 171. Alvarado-Socarras JL, Ocampo-Gonzalez M, Vargas Soler JA, Rodriguez20 Morales AJ, Franco-Paredes C. Congenital and neonatal Chikungunya in 21 Colombia. J Pediatric Infect Dis Soc. 2016;5(3): e17-20. 22 172. Franco-Paredes C, Chastain DB, Ezigbo C, Callins KR. Reducing 23 transmission of HIV in the Southeastern U.S. Lancet HIV 2017; 4(3):e101-e102. 24 173. Franco-Paredes C, Chastain D, Marcos LA, Rodriguez-Morales AJ. 25 Cryptococcal meningoencephalitis in AIDS: When to start antiretroviral therapy? 26 Ann Clin Microbiol Antimicrob 2017; 16:9. 27 28
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1 174. Khan MI, Franco-Paredes C, Ochiai RL, Mogasale V, Sushant S. Barriers to 2 typhoid fever vaccine access in endemic countries. Research and Reports in 3 Tropical Medicine; 2017; 8:37-44. 4 175. Franco-Paredes C, Chastain D, Taylor P, Stocking S, Sellers B. Boar 5 hunting and brucellosis caused by Brucella suis. Trav Med Infect Dis 2017; S14776 8939(17): 30037-6. 7 176. Chastain DB, Henao-Martinez AF, Franco-Paredes C. Cryptococcal Antigen 8 Negative Cryptococcal Meningoencephalitis. Diagn Microbiol Infect Dis 2017; 9 89(2): 143-145. 10 177. Chastain DB, Henao-Martinez A, Franco-Paredes C. Opportunistic invasive 11 fungal infections in HIV/AIDS: Cryptococcosis, Histoplasmosis, 12 Coccidioidomycosis and Talaromycosis. Current Infect Dis Rep 2017; 19(10): 36. 13 178. Chastain DB, Kayla Stover, Franco-Paredes C. Adressing Antiretroviral 14 Therapy-Associated Drug-Drug Interactions in Patients Requiring Treatment for 15 Opportunistic Infections in Low-Income and Resource-Limited Settings. J Clin 16 Pharmacol 2017; 57(11):1387-1399. 17 179. Franco-Paredes C. The Harmony of Disequilibrium. Permanente J. 2017; 18 22. doi: 10.712/TPP/17-067. 19 180. Franco-Paredes C, Henao-Martinez A, Chastain DB. A 27-year-old male 20 with blurry vision, oral and nasal mucosal lesions, and a skin rash. Clin Infect Dis 21 2018; 22 181. Henao-Martinez AF, Olague N, Franco-Paredes C. Spontaneous 23 Mycobacterium bolletti skin abscesses —an under recognized zoonosis from raw 24 bovine milk. Trav Med Infect Dis 2018 Jan 29. pii: S1477-8939(18)30003-6. doi: 25 10.1016/j.tmaid.2018.01.003. PMID: 29477362. 26 182. Franco-Paredes C, Henao-Martinez AF, Mathur S, Villamil-Gomez W. A 27 Man Who Harvest Peanuts with Verrucous Lesions in his Right Index Finger. Am J 28
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1 Med Sci 2018; Mar; 355(3):e7. doi: 10.1016/j.amjms.2017.11.010. Epub 2017 Nov 2 22. No abstract available. PMID: 2954993 3 183. Henao-Martinez AF, Franco-Paredes C, Palestine A, Montoya G. 4 Symptomatic acute toxoplasmosis in returning travelers. Open Forum Infect Dis 5 2018;5(4):ofy058. doi: 10.1093/ofid/ofy058. eCollection 2018 Apr. PMID: 6 29644250. 7 184. Steele GM, Franco-Paredes C, Chastain DB. Non-infectious causes of fever 8 in adults. Nurse Pract 2018Apr 19; 43(4):38-44. doi: 9 10.1097/01.NPR.0000531067.65817.7d. 10 185. Henao-Martinez AF, Chastain DB, Franco-Paredes C, Treatment of 11 cryptococcosis in non-HIV immunocompromised patients. Curr Opin Infect Dis 12 2018; PMID 29738314. 13 186. Chastain DB, Sam JI, Steele GM, Lowder LO, Franco-Paredes C. 14 Expanding Spectrum of Toxoplasmosis gondii: Thymoma and Toxoplasmic 15 encephalitis. Open Forum Infect Dis 2018; Jul 7;5(7):ofy163. doi: 16 10.1093/ofid/ofy163. eCollection 2018 Jul.. 17 187. Bruner KT, Chastain DB, Henao-Martinez AF, Franco-Paredes C. 18 Cryptococcus gattii complex infections in HIV-infected patients, Southeastern 19 United States. Emerg Infect Dis 2018; 24(11): 1998-2002. 20 189. José A. Suárez, Lolimar Carreño, Alberto E. Paniz-Mondolfi, Francisco J. 21 Marco-Canosa, Héctor Freilij, Jorge A. Riera, Alejandro Risquez, Andrea G. 22 Rodriguez-Morales, Evimar Hernández-Rincón, Jorge Alvarado-Socarras, Gustavo 23 Contreras, Maritza Cabrera, Rosa M. Navas, Fredi Díaz-Quijano, Tamara Rosales, 24 Rosa A. Barbella-Aponte, Wilmer E. Villamil-Gómez, Marietta Díaz, Yenddy 25 Carrero, Anishmenia Pineda, Nereida Valero-Cedeño, Cesar Cuadra-Sánchez, 26 Yohama Caraballo-Arias, Belkis J. Menoni-Blanco, Giovanni Provenza, Jesús E. 27 Robles, María Triolo-Mieses, Eduardo Savio-Larriera, Sergio Cimerman, Ricardo 28 J. Bello, Carlos Franco-Paredes, Juliana Buitrago, Marlen Martinez-Gutierrez,
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1 Julio Maquera-Afaray, Marco A. Solarte-Portilla, Sebastián Hernández-Botero, 2 Krisell Contreras, Jaime A. Cardona-Ospina, D. Katterine Bonilla-Aldana, Alfonso 3 J. Rodriguez-Morales. Infectious Diseases, Social, Economic and Political Crises, 4 Anthropogenic Disasters and Beyond: Venezuela 2019-Implications for public 5 health and travel medicine. Rev Panam Enf Inf 2018; 1(2):73-93. 6 190. Gharamati A, Rao A, Pecen PE, Henao-Martinez AF, Franco-Paredes C, 7 Montoya JG. Acute Disseminated Toxoplasmosis with Encephalitis. Open Forum 8 Infect Dis 2018; Oct 17; 5 (11):ofy259. doi: 10.1093/ofid/ofy259. 9 191. Franco-Paredes C, Rodriguez-Morales AJ, Luis A. Marcos, Henao-Martinez 10 AF, Villamil-Gomez WE, Gotuzzo E, Bonifaz A. Cutaneous Mycobacterial 11 Diseases. Clin Microb Rev 2018; 14; 32(1). pii: e00069-18. doi: 12 10.1128/CMR.00069-18. 13 192. Henao-Martínes AF, Pinto N, Henao San Martin V, Franco-Paredes C, 14 Gharamati A. Successful Treatment of Gonococcal Osteomyelitis with One Week 15 of Intravenous Antibiotic Therapy. Int J STDs HIV 2019; 16 193. Reno E, Foster G, Franco-Paredes C, Henao-Martinez AF. Fatal fulminant 17 hepatitis A in a US traveler returning from Peru. J Trav Med 2019. 18 194. Canfield G, C, Mann S, Zimmer S, Franco-Paredes C. A 31-Year-Old 19 Micronesian Man with Shoulder Fungating Mass. Clin Infect Dis 2019; 20 195. Parra-Henao G, Oliveros H, Hotez PJ, Motoa G, Franco-Paredes C, Henao21 Martínez AF. In Search of Congenital Chagas Disease in the Sierra Nevada de 22 Santa Marta, Colombia. Am J Trop Med Hyg. 2019;101(3):482-483. doi: 23 10.4269/ajtmh.19-0110. PMID: 31264558. 24 196. Bonilla-Aldana DK, Suárez JA, Franco-Paredes C, Vilcarromero S, Mattar 25 S, Gómez-Marín JE, Villamil-Gómez WE, Ruíz-Sáenz J, Cardona-Ospina JA, 26 Idarraga-Bedoya SE, García-Bustos JJ, Jimenez-Posada EV, Rodríguez-Morales 27 AJ. Brazil burning! What is the potential impact of the Amazon wildfires on 28 vector-borne and zoonotic emerging diseases? - A statement from an international
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1 experts meeting. Travel Med Infect Dis. 2019:101474. doi: 2 10.1016/j.tmaid.2019.101474. 3 197. Henao-Martinez AF, Archuleta S, Vargas D, Franco-Paredes C. A Latin 4 American patient with a left ventricular pseudoaneurysm presenting with 5 progressive dyspnea and palpitations. Am J Med 2019; doi: 6 10.1016/j.amjmed.2019.10.006 7 198. Canfield GS, Henao-Martinez AF, Franco-Paredes C, Zhelnin K, Wyles D, 8 Gardner EM. Corticosteroids for post-transplant Immune reconstitution syndrome 9 in Cryptococcus gattii Meningoencephalitis: Case report and literature review. 10 Open Forum Infect Dis 2019; 6(11): ofz460. Doi: 10.1093/ofid/ofz460. PMID: 11 31737740. 12 199. Kon S, Hawkins K, Franco-Paredes C. Intramedullary Spinal Cord Lesions 13 in an Immunocompromised Host due to Mycobacterium Haemophilum. ID Cases 14 2019; 15 200. Franco-Paredes C, Rodriguez-Morales AJ, Henao-Rodriguez AJ, Carrasco 16 P, Santos-Preciado JI. Vaccination Strategies to prevent paralytic poliomielitis due 17 to cVDPV2. Lancet Infect Dis 2019; 18 201. Motoa G, Pate A, Franco-Paredes C, Chastain D, Henao-Martinez Aj, Hojat 19 L. Use of procalcitonin to guide discontinuation of antimicrobial therapy in 20 patients with persistent intra-abdominal collections: A case series. Case Rep Infect 21 Dis 2019; 22 202. Murillo-Garcia D, Galindo J, Pinto N, Motoa G Benamu E, Franco-Paredes 23 C, Chastain D, Henao-Martinez AF. Anaerobic bacteremias in left ventricular 24 assist devices and advanced heart failure. Case Rep Infect Dis 2019; 25 204. Franco-Paredes, C, Villamil-Gómez Wilmer E., Schultz, J, Henao-Martínez 26 AF, Parra-Henao, G, Rassi Jr. A, Rodriguez-Morales AJ, Suarez JA. A Deadly 27 Feast: Elucidating the Burden of Orally Acquired Acute Chagas Disease in Latin 28
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1 America - Public Health and Travel Medicine Importance. Trav Med Infect Dis 2 2020; 3 205. Reno E, Quan N, Franco-Paredes C, Chastain DB, Chauhan L, Rodriguez4 Morales AJ, Henao-Martinez A. Prevention of Yellow Fever in Travelers: An 5 Update. Lancet Infect Dis 2020; 6 206. Franco-Paredes C, Griselda Montes de Oca Sanchez, Cassandra White. 7 Global Leprosy Status 2020: Still Losing Touch. Ann Acad Med Singapore 2020; 8 207. Basco SA, Steele GM, Henao-Martinez AF, Franco-Paredes C, Chastain 9 DB. Unexpected etiology of a pleural empyema in a patient with chronic 10 lymphocytic leukemia (CLLL): Capnocytophaga ochracea. ID Cases 2020: Mar 11 20;20:e00747. doi: 10.1016/j.idcr.2020.e00747. eCollection 2020. 12 208. Rodriguez-Morales AJ, Gallego V, Escalera-Antezana JP, Mendez CA, 13 Zambrano LI, Franco-Paredes C, Suarez JA, Rodriguez-Enciso HD, Balbin14 Ramon GH, Savio-Larriera E, Risquez A, Cimerman S. COVID-19 in Latin 15 America: The implications of the first confirmed case in Brazil. Travel Med Infect 16 Dis 2020; doi: 10.1016/j.tmaid.2020.101613. 17 209. Rodríguez-Morales AJ, Cardona-Ospina JA, Gutiérrez-Ocampo E, 18 Villamizar-Peña R, Holguin-Rivera Y, Escalera-Antezana JP, Alvarado-Arnez LE, 19 Bonilla-Aldana DK, Franco-Paredes C, Henao-Martinez AF, Paniz-Mondolfi A, 20 Lagos-Grisales GJ, Ramírez-Vallejo E, Suárez JA, Zambrano LI, Villamil-Gómez 21 WE, Balbin-Ramon GJ, Rabaan AA, Harapan H, Dhama K, Nishiura H, Kataoka 22 H, Ahmad T, Sah R, On behalf of the Latin American Network of Coronavirus 23 Disease 2019-COVID-19 Research (LANCOVID-19) (www.lancovid.org). 24 Clinical, Laboratory and Imaging Features of COVID-19: A systematic review and 25 meta-analysis. Travel Med Infect Dis 2020; 26 210. Meyer J, Franco-Paredes C, Yaizal F, Gartland M, Parmar P. COVID-19 27 and the Coming Plague in U.S. Immigration Detention Centers. Lancet Infect Dis 28 2020;
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1 211. Franco-Paredes C. Albert Camus’ ‘The COVID-19 Plague” Revisited. Clin 2 Infect Dis 2020 Apr 17. pii: ciaa454. doi: 10.1093/cid/ciaa454 3 212. Pritchett MA, Oberg CL, Belanger A, De Cardenas J, Cheng G, Cumbo 4 Nacheli G, Franco-Paredes C, Singh J, Toth J, Zgoda M, Folch E. Society for 5 Advanced Bronchoscopy Consensus Statement and Guidelines for bronchoscopy 6 and airway management aid the COVID-19 pandemic. J Thorac Dis 2020 | 7 http://dx.doi.org/10.21037/jtd.2020.04.32. 8 BOOK CHAPTERS: 9 Franco-Paredes C, Albrecht H. Anisakiasis (2007). In: Antimicrobial Therapy 10 and Vaccines; Volume I: Microbes (www.antimicrobe.org), Yu VL, et al. (Ed). 11 ESun Technologies, Pittsburgh, PA. 2007. 12 Franco-Paredes C, Albrecht H. Visceral Larva Migrans (2007). In: Antimicrobial 13 Therapy and Vaccines; Volume I: Microbes (www.antimicrobe.org), Yu VL, et al. 14 (Ed). ESun Technologies, Pittsburgh, PA. 2007. 15 Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: Eds: 16 Kozarsky P, Arguin P, Reed C. Yellow Book: Health Information for Travelers 17 2007-2008, Centers for Disease Control and Prevention, Elsevier Ltd. 18 Franco-Paredes C. The Post-travel Period. In: Eds: Kozarsky P, Arguin P, Reed 19 C. Yellow Book: Health Information for Travelers 2007-2008, Centers for Disease 20 Control and Prevention, Elsevier Ltd. 21 Hidron A, Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: 22 Eds: Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health 23 Information for Travelers 2009-2010, Centers for Disease Control and Prevention, 24 Elsevier Ltd, 2009. ISBN: 978-0-7020-3481-7. 25 Franco-Paredes C. General Approach to the Returned Traveler. In: Eds: 26 Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information 27 for Travelers 2009-2010, Centers for Disease Control and Prevention, Elsevier Ltd, 28 2009. ISBN: 978-0-7020-3481-7.
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1 Franco-Paredes C. Asymptomatic Screening of the Returned Traveler. In: Eds: 2 Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information 3 for Travelers 2009-2010, Centers for Disease Control and Prevention, Elsevier Ltd, 4 2009. ISBN: 978-0-7020-3481-7. 5 Franco-Paredes C, Santos-Preciado JI. Introduction of Antimicrobial Agents in 6 Poor-Resource Countries: Impact on the Emergence of Resistance. In: 7 Antimicrobial Resistance in Developing Countries. Ed. Byarugaba DK, Sosa A. 8 Springer Science & Business Media, 2010. 9 Hidron A, Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: 10 Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for 11 Travelers 2011-2012. Centers for Disease Control and Prevention, Elsevier Ltd, 12 2011. ISBN: 978-0-7020-3481-7. 13 Franco-Paredes C, Hochberg N. General Approach to the Returned Traveler. In: 14 Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for 15 Travelers 2011-2012, Centers for Disease Control and Prevention, Elsevier Ltd, 16 2011. ISBN: 978-0-7020-3481-7. 17 Franco-Paredes C. Asymptomatic Screening of the Returned Traveler. In: Eds: 18 Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 19 2011-2012, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. 20 ISBN: 978-0-7020-3481-7. 21 Hochberg N, Franco-Paredes C. Emerging Infections in Mobile Populations. In: 22 Emerging Infections 9. Ed. Scheld WM, Grayson ML, Hughes JM. American 23 Society of Microbiology Press 2010. ISBN. 978-1-55581-525-7. 24 Franco-Paredes C, Chagas Disease (American Trypanosomiasis). In: Farrar J, 25 Hotez P, Junghanss T, Kang G, Lalloo D, White NJ. Manson’s Tropical Medicine 26 23rd Edition, Elsevier, London, U.K., 2014. 27 28
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1 Franco-Paredes C, Keystone J. Fever in the Returned Traveler. In: Empiric,

2 Antimicrobial Therapy and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed).

3 ESun Technologies, Pittsburgh, PA, 2014.

4 Franco-Paredes C. Mycobacterium leprae (Leprosy). In: Antimicrobial Therapy

5 and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies,

6 Pittsburgh, PA, 2015

7 Franco-Paredes C, Albrecht H. Anisikasis In: Antimicrobial Therapy and

8 Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies,

9 Pittsburgh, PA, 2015.

10 Franco-Paredes C. Illness and Death in the Universe. In: Narrative Medicine

11 Anthology. Ed: Tom Janisse. The Permanente Press, Oakland, California, Portland

12

Oregon, 2016,

13 pp. 23-25. ISBN: 978-0-9770463-4-8.

14 Villamil-Gomez W, Reyes-Escalante M, Franco-Paredes C. Severe and

15 complicated malaria due to Plasmodium vivax. In: Current Topics in Malaria. Ed:

16 Rodriguez-Morales AJ. ISBN 978-953-51-2790-1, Print ISBN 978-953-51-2789-5.

17 InTechOpen 2016.

18 Franco-Paredes C. Mycobacterial Infections of the Central Nervous System. In:

19 The Microbiology of the Central Nervous System Infections. Ed. Kon K, Rai M.

20 Elsevier 2018. ISBN 978-0-12-813806-9

21 Franco-Paredes C. Leprosy. In: Neglected Tropical Diseases. Drug Discovery

22 and Development. Ed: Swinney D, Pollastri. Wiley-VCH Verlag GmbH &

23 Co. KGaA, 2019.

24 Franco-Paredes C, Henao-Martinez AJ. Legal Perspectives in Travel Medicine.

25 In: Eds: Kozarksy P, Weinberg M. Yellow Book: Health Information for Travelers

26 2019-2020, Centers for Disease Control and Prevention, Elsevier Ltd, 2011.

27 ISBN: 978-0-7020-3481-7.

28 Franco-Paredes C. Prevención de la transmisión. In: Guerrero MI, Hernández CA

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1 y Rodríguez G Editores La lepra: una enfermedad vigente. Centro Dermatológico

2 Federico Lleras Acosta Bogotá DC, Colombia. Panamericana Formas e Impresos.

3 2019. p. 309-322.

4

5 Published Abstracts in Peer-Reviewed Journals:

6 Kleinschmidt-DeMasters B, Hawkins K, Franco-Paredes C. Non-tubercular

7 mycobacterial spinal cord abscesses in an HIV plus male due M. haemophilum. J

8 Neuropathol Experim Neurol 2018; 77(6): 532.

9 Pate A, Franco-Paredes C, Henao-Martinez A. Cryptococcal meningitis: A

10 comparison of clinical features and outcomes by HIV Status. Open Forum Infect

11 Dis 2019; Oct 6 (Suppl 2): S629-S630. PMC6809090.

12

13

14 FORMAL TEACHING

15 Medical Student Teaching

16 2001 - 2002 Clinical Methods, Emory University School of Medicine

17 II. 2001 - 2002 CLINICAL INSTRUCTOR HARVEY CARDIOLOGY

18

COURSE, EMORY UNIVERSITY SCHOOL OF MEDICINE

19 2001 - 2002 Problem-Based Learning for Second year Medical Students, EUSM

20 2005-2011 Clinical Methods Preceptor, ECLH

21 2006-2008

Medical Spanish - Instructor for M2, EUSM

22 2006-2007 Directed Study on Social Determinants of Infectious Diseases for M2

23

students (Lindsay Margolis and Jean Bendik), EUSM

24 2007-2011 Instructor - Global Health for M2 Students, EUSM

25 2007-2008 Presentation-Case Discussion – Social Determinants of Diseases –

26

Coordinated by Dr. Bill Eley – Emory School of Medicine New

27

Curriculum.

28

53

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 55 of 58 Page ID #:396

1 2018-

Small Group: Parasitic Diseases, Microbiology Course for First Year

2

Medical Students, University of Colorado, Anschutz Medical Center.

3 2019-

MS-2 Small group discussion Microbiology, University of Colorado,

4

Anschutz Medical Center: Parasitic Diseases, CNS Infections, Septic

5

Arthritis-Cat Bite

6 2019-

Class Global Health and Underserved Populations of the New SOM

7

CU Curriculum. Course Co-Director. Pilot Class (Jan 6-Jan 17, 2020).

8 2020-

MS-2 Small group discussion Microbiology, University of Colorado,

9

Anschutz Medical Center: Parasitic Diseases, CNS Infections, Septic

10

Arthritis-Cat Bite

11 Graduate Program

12 Training programs

13 2006-2011 Professor - GH511 (Global Health 511) International Infectious

14

Diseases Prevention and Control, Rollins School of Public Health

15 2009-2011 Professor – GH500 D – Key Issues in Global Health, Career MPH

16

Program

17 2006-2011 Thesis Advisor to students Global Health Track – Hubert Department

18

of Global Health, Rollins School of Public Health of Emory

19

University

20 2008-2011 Coordinator International Exchange between Rollins School of Public

21

Health and National Institute of Public Health, Cuernavaca, Mexico –

22

Supported by the Global Health Institute of Emory University

23 Residency and Fellowship Program:

24 2004-2011 Resident Report – Noon Conferences Emory Crawford Long Hospital

25

and Grady Memorial Hospital

26 2004-2011 Didactic Lectures on Parasitic Diseases and Non-tuberculous

27

mycobacterial diseases for Internal Medicine Residents and Infectious

28

Disease Fellows

54

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 56 of 58 Page ID #:397

1 2005-2008 Coordinator Journal Club Infectious Disease Division

2 2005-2011 Travel Medicine Elective, Internal Medicine Residents (2 internal

3

residents per month)

4 2005

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

5 2006

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

6 2008

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

7 2008-2011 Journal Club Coordinator, Internal Medicine Residency Program –

8

ECLH

9 2009

Grand Rounds - EUH – Department of Medicine: “Leprosy a Modern

10

Perspective of an Ancient Disease”

11 2009

Grand Rounds – Pulmonary and Critical Care Division – Neglected

12

Tropical Diseases of the Respiratory Tract, June 16, 2009

13 2017

Grand Rounds – Leprosy, University of Colorado, Anschutz Medical

14

Center, Division of Infectious Diseases, December 2017

15 2017

Grand Rounds – Infections associated with Secondary Antiphospholid

16

Syndrome, University of Colorado, Anschutz Medical Center,

17

Division of Rheumatology,

18 2018

Didactic Session – Travel Medicine (Pretravel and Postravel)

19

Infectious Diseases Fellowship Anschutz Medical Center, Division of

20

Infectious Diseases

21 2017-

Infectious Diseases Fellows Clinic, University of Colorado, Anschutz

22

Medical Center, IDPG.

23 2019

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

24

Assistant Program, September 12, 2019, University of Colorado,

25

Anschutz Medical Center

26

27 Other categories:

28

55

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 57 of 58 Page ID #:398

1 2000-2002 Physician Assistant Supervision during Fellowship/Junior Faculty,

2

Emory University

3 2004-2007 Mentoring of four College Students to enter into Medical School

4

(Emory, Southern University, and Dartmouth):

5

Lindsay Margolis 2004-Emory University

6

Michael Woodworth 2005 – Emory University

7

Peter Manyang 2007 – Southern University

8

Padraic Chisholm 2007 – Southern University/Emory University

9 2009-2011 Project Leader. Partnership – Emory Global Health Institute –

10

University-wide - Emory Travel Well Clinic and is titled Hansen’s

11

disease in the state of Georgia: A Modern Reassessment of an Ancient

12

Disease”. http://www.globalhealth.emory.edu/fundingOpportunities/p

13

rojectideas.php. Students: 5 MPH students (RN/MPH, MD/MPH)

14 2017-

Infectious Diseases Fellowship Program, University of

15

Colorado, Anschutz Medical Center. Teaching activities

16

Inpatient and outpatient (ID Fellows Weekly Clinic)

17 2019-

Infectious Diseases Fellowship Program Director

18

University of Colorado, Aurora Colorado

19

20 Supervisory Teaching:

21 Ph.D. students directly supervised:

22 Global Health, Rollins School of Public Health - PhD Task Force Member – 2007-

23 2009

24 Residency Program:

25 Emory University: Internal Medicine Residents and Infectious Disease Fellows

26 Supervision – Inpatient Months – 3-4 months per year on Grady Wards. I

27 participated in the presentation and discussion of clinical cases, and discussion of

28 peer-reviewed journal with medical students, residents, and fellows. Overall

56

Case 2:20-cv-03760-RGK-PLA Document 6-4 Filed 04/24/20 Page 58 of 58 Page ID #:399

1 evaluations: Outstanding Teacher. (Anna Von 2005-2006; Seth Cohen 2008,

2 Susana Castrejon 2007; Lindsay Margoles 2007-2008; Jean Bendik 2006-2008;

3 Meredith Holtz 2007-2008)

4 University of Colorado, Anschutz Medical Center (since June 2017- present). Case

5 discussion in infectious diseases during clinical rounds inpatient services (ID Gold,

6 ID Blue, ID Orthopedics).

7 2004-2009 Thesis advisor – MPH Students – Hubert Department of Global Health

8 – Concentration Infectious Diseases: Brenda Thompson 2004; Katrina Hancy

9 2004; Trina Smith 2006; Melissa Furtado 2007-2008; Oidda Museru 2008-2009;

10 Hema Datwani 2010; Ruth Moro 2010; Talia Quandelacy 2010

11 2015 – Class GH511, Topic: “Leprosy” as part of the International Infectious

12 Diseases, Global Health Track, Rollins Schoolf of Public Health, Emory

13 University, Atlanta GA

14 2017 – Class GH511, Topic: “Leprosy” as part of the International Infectious

15 Diseases, Global Health Track, Rollins School of Public Health, Emory University,

16 Atlanta GA

17 2019 - Project Mentorship – Diffuse lepromatous leprosy. Undergraduate Student,

18 University of Colorado, Boulder. Mikali Ogbasselassie. Project was carried out in

19 Collaboration with the Dermatology Center of the Hospital General de Mexico.

20

Poster presentation by Mikali Ogbasselassie September 22, 2019, UMBC,

21 Baltimore, Maryland.

22

23

24

25

26

27

28

57

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 1 of 37 Page ID #:400

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4 Shaleen Shanbhag SBN 301047

5

Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Avenue

6 Pasadena, California 91103

7

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

8

9 Barrett S. Litt, SBN 45527 blitt@kmbllaw.com
10 Lindsay Battles, SBN 262862

11 Kaye, McLane, Bednarski & Litt, LLP

12

975 East Green St. Pasadena, California 91106

13 Telephone: (626) 844-7660

14 Facsimile: (626) 844-7670

15

16

Attorneys for Plaintiffs Other Counsel on Following Page

17

18

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

19 Cullors, et al., individually and as
20 class representatives

Case No. 20-cv-3760

21 22 23 vs.

Plaintiffs,

DECLARATION OF DR. JOE GOLDENSON

24 COUNTY OF LOS ANGELES, 25 SHERIFF ALEX M VILLANUEVA, 26 in his official capacity, et al,

27

Defendants.

28

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 2 of 37 Page ID #:401

1 [Additional Counsel continued from previous page]

2

3

Alec Karakatsanis* Katherine C. Hubbard, Esq. [S.B.

4 #302729]

5 CIVIL RIGHTS CORPS

6

1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009

7 Telephone: (202) 894-6126

8

Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org

9

katherine@civilrightscorps.org

10 Catherine Sweetser, SBN 271142
11 Alicia Virani, SBN 281187

12 Aaron Littman, SBN 330283

13

UCLA LAW CLINICS 385 Charles E. Young Drive East

14 Los Angeles, CA 90095

15

(310) 825-9562 Email: csweetser@sshhlaw.com

16

virani@law.ucla.edu

17

littman@law.ucla.edu

18

19

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org
Andrea Woods, Esq.* AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor New York, NY 10004 Telephone: (212) 549-2528 Facsimile: (212) 607-3329 Email: awoods@aclu.org
Peter J. Eliasberg, Esq. [S.B. #189110] ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St. Los Angeles, CA 90017 Telephone: (213) 977-9500 Facsimile: (213) 977-5299 Email: peliasberg@aclu.sc.org

20

21

22

23

24

25

26

27

28

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 3 of 37 Page ID #:402

1

Declaration of Dr. Joe Goldenson

2

3 I, Dr. Joe Goldenson, declare as follows under penalty of perjury pursuant to 28 U.S.C.

4 §1746:

5

6 Background

7

8 1. I am a medical physician with 33 years of experience in correctional health

9

care. For 28 years, I worked for Jail Health Services of the San Francisco Department of Public Health. For 22 of those years, I served as the Director

10

and Medical Director. In that role, I provided direct clinical services, managed

11

public health activities in the San Francisco County jail, including the

12

management of HIV, tuberculosis, Hepatitis C, and other infectious diseases in the facility, planned and coordinated the jail’s response to H1N1, and

13

administered the correctional health enterprise, including its budget, human

14

resources services, and medical, mental health, dental, and pharmacy services.

15 2. I served as a member of the Board of Directors of the National Commission on

16

Correctional Health Care for eight years and was past President of the California chapter of the American Correctional Health Services Association.

17

In 2014, I received the Armond Start Award of Excellence from the Society of

18

Correctional Physicians, which recognizes its recipient as a representative of

19

the highest ideals in correctional medicine.

20 3. For 35 years, I held an academic appointment as an Assistant Clinical

21

Professor at the University of California, San Francisco.

22 4. I have worked extensively as a correctional health medical expert and court

23

monitor. I have served as a medical expert for the United States District Court

24

for the Northern District of California for 25 years. I am currently retained by that Court as a medical expert in Plata v. Newsom, Case No. 3:01-cv-01351

25

(N.D. Cal.), to evaluate medical care provided to inmate patients in the

26

California Department of Correctional Rehabilitation, including the detection, management, and treatment of infectious diseases in CDCR facilities. I have

27

also served as a medical expert/monitor at Cook County Jail in Chicago and

28

Los Angeles County Jail, at other jails in Washington, Texas, and Florida, and

at prisons in Illinois, Ohio, and Wisconsin.

2

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 4 of 37 Page ID #:403

1

2

5. My CV is attached as Exhibit A.

3 6. Within the preceding four (4) years, I have testified as an expert by deposition or

4

trial in the following cases:

5

 Charlotte Diana Winkler v. Madison County, Kentucky, et al., United States

6

District Court, Eastern District of Kentucky, Central Division at Lexington, Case No. 5:15-CV-45-KKC, Deposition (June 2016)

7

 Jane Doe #1, et al. v. Johnson, et al., United States District Court for the District

8

of Arizona, No. CV-15-00250-TUC-DCB, Hearing for Preliminary Injunction (November 2016)

9

 Eugene McCain v. St. Clair County, et al., United States District Court, Eastern

10

District of Michigan, Southern Division, Case No. 2:16-cv-10112 (March 2017)

11

 Jane Doe #1, et al. v. Johnson, et al., United States District Court for the District of Arizona, No. CV-15-00250-TUC-DCB, Deposition (December 2017)

12

 The Estate of Rachel M. Hammers, Deceased, et al. v. Douglas County, Kansas

13

Board of Commissioners, et al, District Court of Douglas County, Kansas at

14

Lawrence, Case No. 2:14-CV-02188-JTM-KMH, Trial (June 2018)  Jane Doe #1, et al. v. Johnson, et al., United States District Court for the District

15

of Arizona, No. CV-15-00250-TUC-DCB, Trial (January 2020)

16

17

7. I am not being compensated for my time reviewing materials and preparing this report.

18

19

8. I have been asked by attorneys representing prisoners at Los Angeles County

Jail (LACJ) to review and comment on materials in connection with a case to

20

be filed on behalf of prisoners held at LACJ regarding the conditions during

21

and preparedness for the COVID-19 pandemic.

22

9. In addition to my knowledge, training, education, and experience in the field of

23

prisoner health care and infectious diseases, and resources relied upon by

24

experts in infectious diseases and prison health, I also reviewed public health guidelines on COVID-19; as well as COVID-19 management in correctional

25

facilities, including the Centers for Disease Control and Prevention (CDC)

26

guidance on management of COVID-19 in correctional facilities, and the

27

COVID-19 Guidance for Correctional Facilities from the Los Angeles County Department of Public Health (LA DPH).

28

3

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 5 of 37 Page ID #:404

1 COVID-19

2

3 10.COVID-19 is a serious disease that has reached pandemic status. As of April

4

21, 2020, there are at least 2,397,000 confirmed cases of COVID-19 worldwide, including 751,273 cases in the United States.1 At least 162,956

5

people have died worldwide, including 35,884 in the United States. As of April

6

21, 2020 there were 33,897 confirmed cases of COVID in California and 1,227

7

reported deaths.2 These numbers have been increasing at an alarmingly rapid rate, reflecting the exponential growth of infections. Because these numbers

8

include only laboratory confirmed cases, they likely understate the actual

9

number of cases and deaths. Most medical and public health experts agree that the situation, which is already dire, will continue to worsen over the coming

10

weeks to months.

11

11.COVID-19 is a highly contagious respiratory illness. It is transmitted between

12

persons in close proximity (within about six feet) by airborne droplets released

13

by infected individuals when they cough or sneeze. The droplets can survive in

14

the air for up to three hours. It may also be possible for an individual to become infected by touching a surface or object that has the virus on it and

15

then touching his or her own mouth, nose, or possibly eyes. Infected droplets

16

can survive on surfaces for variable lengths of time, ranging from up to four hours on copper, to 24 hours on cardboard, to two to three days on plastic or

17

stainless steel.

18

19

12.Signs and symptoms of COVID-19 may appear two to 14 days after exposure and may include fever, cough, and shortness of breath or difficulty breathing.

20

In severe cases, infection can result in respiratory failure or death. The care of

21

people infected with COVID-19 depends on the seriousness of their illness. People with moderate symptoms may require hospitalization for supportive

22

treatment, including intravenous fluids and supplemental oxygen. People with

23

severe symptoms may require ventilation and intravenous antibiotics.

24

13.A significant number of infected individuals do not exhibit symptoms,

25

however, and asymptomatic individuals—either before the onset of symptoms

26

27 1 World Health Organization, Coronavirus disease (COVID-19) Situation Dashboard, World Health

28

Organization, https://experience.arcgis.com/experience/ 685d0ace521648f8a5beeeee1b9125cd (accessed Apr. 21, 2020).

2 https://www.latimes.com/projects/california-coronavirus-cases-tracking-outbreak/

4

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 6 of 37 Page ID #:405

1

or because no symptoms will ever manifest—can nevertheless transmit the

2

disease to others. According to the CDC, up to 25 percent of people infected with COVID-19 will remain asymptomatic.3 Similarly, infected individuals

3

may experience only mild symptoms. These asymptomatic and mildly

4

symptomatic individuals can, and do, transmit the virus, contributing to its

5

rapid spread. Because of the high risk of transmission by asymptomatic individuals, CDC recently recommended everyone wear a mask when they

6

leave their homes, as did the LA DPH.4

7

14.There is currently no medical treatment for COVID-19, other than supportive

8

measures. Nor is there a vaccine.

9

15.Current preventive measures seek to slow the transmission of COVID-19

10

through social distancing (keeping persons separated by at least six feet),

11

frequent handwashing, and respiratory hygiene (e.g., covering one’s mouth and

12

nose when coughing or sneezing, use of personal protective equipment), and frequent cleansing of surfaces to prevent infection and the spread of the virus.5

13

14 COVID-19 in Detention Facilities Generally

15

16

16.For multiple reasons, the risk of exposure to and transmission of infectious diseases, as well as the potential harm to those who become infected, is

17

significantly higher in jails than in the community, putting jail inmates and

18

correctional staff at high risk of becoming ill with COVID-19.

19

17.Close living quarters and often overcrowded conditions in jails, prisons, and

20

detention centers facilitate the rapid transmission of infectious diseases,

21

particularly those transmitted by airborne droplets through sneezing or coughing. In these congregate settings, large numbers of people are closely

22

23

24

3 Apoorva Mandavilli, Infected but Feeling Fine: The Unwitting Coronavirus Spreaders, N.Y. Times (Mar. 31, 2020), https://www.nytimes.com/2020/03/31/health/coronavirus-asymptomatic-

25

transmission.html. 4 Los Angeles Department of Public Health, Guidance for Cloth Face Coverings,

26 http://publichealth.lacounty.gov/media/Coronavirus/GuidanceClothFaceCoverings.pdf?utm_content=&

27

utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= 5 U.S. Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus

28

Disease 2019 (COVID-19) in Correctional and Detention Facilities (“Interim Guidance”), at 8-12, https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-

detention.html.

5

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 7 of 37 Page ID #:406

1

confined and forced to share bunkrooms, bathrooms, cafeterias, and other

2

enclosed spaces. They are physically unable to practice social distancing, which the CDC has identified as a “cornerstone of reducing transmission of

3

respiratory diseases such as COVID-19.”6

4

5

18.Within these facilities, space and resource limitations—and the resulting inability of inmates and employees to practice social distancing7—make it

6

extremely difficult to effectively quell the explosive growth of a highly

7

contagious virus. The CDC has recognized that correctional and detention facilities “present unique challenges for control of COVID-19 transmission

8

among incarcerated/detained persons, staff, and visitors.”8

9

10

19.People in detention facilities typically sleep in close quarters, often sharing

multiple bunk beds in a single room. Common areas are likewise shared, but

11

by even larger groups of people. Toilets, showers, sinks, and telephones are

12

also communal, and are not adequately disinfected after each use, which is

13

especially important during the current pandemic when more frequent cleaning and disinfecting are required.9 Even in housing units where detainees sleep in

14

individual cells, or share small cells with one or more other people, common

15

areas, equipment and facilities like showers can be communal as well. Food preparation and distribution is centralized and communal, often for an entire

16

facility, with little opportunity for regular disinfection as called for by the

17

CDC’s Interim Guidance.10

18

20.During an infectious disease outbreak, people can protect themselves and

19

reduce the risk of exposure to and transmission of the disease by washing their

20

hands regularly. High touch surfaces (e.g., cell doors, switches, telephones, knobs) must also be cleaned and disinfected after each use with effective

21

bleach-based cleaning products to prevent virus spread. These preventive

22

measures are often not implemented in prisons and jails, due to the lack of

sufficient soap and/or hand sanitizer, cleaning supplies, and/or people to carry

23

out these duties in contravention of the CDC’s Interim Guidance.11

24

25

26 6 Id. at 4.

27

7 Id. at 11. 8 Id. at 2.

28

9 See id. at 9. 10 See id. at 9-10.

11 See id.

6

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 8 of 37 Page ID #:407

1 21.Housing units are commonly poorly ventilated, which facilitates the

2

transmission of airborne illnesses, such as COVID-19.

3 22.Current CDC recommendations for reducing the transmission of COVID-19 in

4

jails include screening of all newly arriving arrestees,12 quarantining all newly

5

arriving arrestees for 14 days and performing daily symptom screening and temperature checks while they are in quarantine,13 isolating any detainee with

6

any symptoms consistent with COVID-19 or with fever who is currently

7

housed in the facility,14 and the wearing of masks in congregate settings.15 These are also difficult, if not impossible, to implement in jails due to space

8

constraints, lack of sufficient respiratory isolation rooms, and lack of necessary

9

equipment and other resources, including the wide unavailability of test kits.

10

23.Testing kits are not widely available, and it can take anywhere from a few days

11

to a week to obtain test results. And, someone who is tested shortly after he or

12

she was infected may test negative. Non-test based verbal screens—i.e., asking a person for a subjective report of symptoms—cannot adequately screen for

13

new, asymptomatic or pre-symptomatic infections. COVID-19 has a typical

14

incubation period of two to fourteen days, most commonly five days, and transmission often occurs before presentation of symptoms. According to the

15

CDC, up to 25 percent of people infected with COVID-19 will remain

16

asymptomatic.16 Similarly, infected individuals may experience only mild

17

symptoms. These newly infected, asymptomatic and mildly symptomatic individuals can, and do, transmit the virus, contributing to its rapid spread. As

18

a result, such inadequate screening presents a critical problem. The possibility

19

of asymptomatic transmission means that monitoring staff or incarcerated people for fevers is inadequate to identify all who may be infected and

20

preventing transmission. Because of the problems with screening procedures,

21

the risk of false negative tests, the unavailability of test kits and the delays in

obtaining test results, one necessary means to prevent the introduction of

22

COVID-19 into the jails by someone who is arrested is to quarantine all

23

24

25

12 See id 13 See id. at 14.

26 14 See id. at 15.

27

15 See CDC, Recommendations for Cloth Face Covers, https://www.cdc.gov/coronavirus/2019ncov/prevent-getting-sick/cloth-face-cover.html.

28

16 Apoorva Mandavilli, Infected but Feeling Fine: The Unwitting Coronavirus Spreaders, N.Y. Times (Mar. 31, 2020), https://www.nytimes.com/2020/03/31/health/coronavirus-asymptomatic-

transmission.html.

7

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 9 of 37 Page ID #:408

1

arrestees for 14 days and monitor them daily for symptoms and fever before

2

they are deemed safe to introduce into the general population of the jail.

3 24.In detention facilities, groups of persons are often moved from space to space,

4

for example, from a dormitory to a cafeteria, from one facility to another, or

5

from a facility to central holding area for court appearances. These group movements, which cluster large numbers of people together in small spaces,

6

increase the risk of transmission between incarcerated persons and throughout

7

the facility or from one facility to another. Additionally, detention facilities often rely on detainees to perform work that supports the operation of the

8

facility, such as food service, laundry, and cleaning. To perform these work

9

assignments, the detainees typically travel from their housing units to other

parts of the facility.

10

11

25.Correctional Officers and other detention facility staff routinely have direct

12

physical contact with detainees, especially when handcuffing or removing

13

handcuffs from detainees who are entering or exiting the facility. Correctional Officers and facility staff members also move around within the facility, which

14

creates opportunities for transmission both among staff in different parts of the

15

facility and transmission to and from detainees in different parts of the facility.

16 26.Correctional facilities largely lack the robust medical care infrastructure that

17

would be necessary to deal with a COVID-19 outbreak. On-site medical

18

facilities are almost never equipped to handle an outbreak of an infectious disease. In the event of an outbreak, resources will be depleted rapidly. This

19

makes both containing the illness and caring for those who have become

20

infected much more difficult. Jails and prisons must rely on outside medical facilities (hospitals, emergency departments) to provide intensive medical care.

21

During an epidemic, these outside facilities may be over capacity themselves.

22

23

27.When an outbreak strikes a correctional facility, correctional and medical staff will become ill. They will not show up to work. These vacancies can result in

24

facilities becoming dangerously understaffed, which compromises medical

25

care. Healthcare staff who provide treatment are unavailable. Correctional staff also play a vital role in delivering medical services, by escorting prisoners,

26

responding to and alerting medical of medical emergencies, and providing

27

security to health care staff while they provide services. Their absence also compromises treatment.

28

8

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 10 of 37 Page ID #:409

1 28.If infected, jail inmates are at greater risk for harm from COVID-19 than those

2

in the general community. This is due to a number of factors including the fact that people in jails have high rates of chronic illnesses, such as diabetes, heart

3

disease, chronic lung disease, and immunosuppressive illnesses such as HIV

4

that increase the risk from COVID-19; often have had poor or absent prior

5

health care; and often have made unhealthy life-style choices, including alcohol and drug use. For these reasons, it is well accepted within the medical

6

community that jail inmates are physiologically 10 years older than their

7

chronological age. The CDC has identified the following categories of people as being particularly vulnerable to severe illness for COVID-19:

8

9

 Diabetes mellitus

10

 Lung disease including asthma or chronic obstructive pulmonary disease (chronic bronchitis or emphysema) or other chronic conditions associated

11

with impaired lung function or that require home oxygen

12

 Heart disease

13

 Blood disorders (e.g., sickle cell disease or on blood thinners)

14

 Chronic kidney disease  Chronic liver disease

15

 Compromised immune system (immunosuppression)

16

 Current or recent pregnancy in the last two weeks

17

 Endocrine disorders

18

 Metabolic disorders  Neurological and neurologic and neurodevelopment conditions [including

19

disorders of the brain, spinal cord, peripheral nerve, and muscle such as

20

cerebral palsy, epilepsy (seizure disorders), stroke, intellectual disability,

21

moderate to severe developmental delay, muscular dystrophy, or spinal cord injury]17

22

 Severe obesity18

23

24

25

26 17 U.S. Centers for Disease Control and Prevention, Implementation of Mitigation Strategies for

27

Communities with Local COVID-19 Transmission, https://www.cdc.gov/coronavirus/2019ncov/downloads/community-mitigation-strategy.pdf.

28

18 U.S. Centers for Disease Control and Prevention, Groups at Higher Risk for Severe Illness, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html#severe-

obesity.

9

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 11 of 37 Page ID #:410

1

The CDC also deems people 65 or older to be particularly vulnerable to

2

COVID-19. However, in my professional opinion the proper figure for jail

3

inmates is 55 years old because, as I explained above, they are physiologically

4

10 years older than their chronological age. In this regard, I note that LA DPH

5

has identified incarcerated persons 50 years or older as being at high risk. See

6

LA DPH April 9, 2020 Guidance for Correctional and Detention Facilities, at

7

5.

8

9

29.Because of the conditions typically found in jails, jails often have particularly serious incidence of communicable disease. For example, during the H1N1-strain

10

flu outbreak in 2009 (known as the “swine flu”), jails and prisons experienced a

11

disproportionately high number of cases.19 As of recently, the Cook County Jail

12

in Chicago was reportedly the largest-known source of U.S. COVID-19 virus infections.20 Just recently it was reported that 78% of the approximately 2,500

13

prisoners in a prison in Ohio tested positive.21 The State of Ohio tested its

14

prisoners en masse for COVID-19 so this number includes large numbers of inmates who were asymptomatic and would otherwise not have been tested. This

15

underscores the risk of the spread of COVID-19 by asymptomatic individuals. In

16

addition, 109 staff had tested positive for COVID-19.22

17

30.For these reasons, the pandemic has prompted prisoner releases around the

18

world. France has freed 5,000 inmates, and in the United States, 3,500 have

19

been granted early release in California. In Britain, the Ministry of Justice said thousands of prisoners will be granted early release within weeks in an

20

effort to contain the spread of the virus in cells and facilities where social

21

distancing rules are impossible to maintain.23 Many cities and counties across

22

23 19 David M. Reutter, Swine Flu Widespread in Prisons and Jails, but Deaths are Few, Prison Legal

24

News (Feb. 15, 2010), https://www.prisonlegalnews.org/news/2010/feb/15/swine-flu-widespread-inprisons-and-jails-but-deaths-are-few/.

25

20 Cheryl Corley, The COVID-19 Struggle In Chicago's Cook County Jail, NPR (Apr. 13, 2020), https://www.npr.org/2020/04/13/833440047/the-covid-19-struggle-in-chicagos-cook-county-jail.

26 21Ohio Department of Rehabilitation & Correction, COVID-19 Inmate Testing Updated 4/20/2020,

27

https://drc.ohio.gov/Portals/0/DRC%20COVID-19%20Information%2004-20-2020%20%201304.pdf. 22 73% Of Inmates At An Ohio Prison Test Positive For Coronavirus, NPR (Apr. 20, 2020),

28

https://www.npr.org/sections/coronavirus-live-updates/2020/04/20/838943211/73-of-inmates-at-anohio-prison-test-positive-for-coronavirus.

23 Britain plans to free many inmates early as it reports a one-day death toll, N.Y. Times, 4/3/20.

10

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 12 of 37 Page ID #:411

1

the U.S., including San Francisco, Chicago, Cleveland and New York, are also

2

releasing prisoners to reduce the risk of COVID-19.

3 31.During an infectious disease outbreak, a containment strategy requires people

4

who have known or suspected illness be isolated and that caregivers have

5

access to personal protective equipment to protect themselves and to prevent the further transmission of the disease. During an outbreak, jails and prisons

6

are under-resourced in being able to provide medically appropriate housing for

7

persons with known or suspected infectious illness, and are often underequipped to provide sufficient personal protective equipment, increasing

8

the risk of a widespread outbreak.

9

32.Isolation is a complex and major concern in correctional facilities. In some

10

prisons and jails, the only cells with solid doors for quarantine will be

11

disciplinary or administrative segregation cells, which usually house people

12

placed in solitary confinement. Moving people suspected of contracting COVID-19 – or those at high risk of suffering serious illness once infected - to

13

segregation units may help quell the potentially devastating spread of illness.

14

However, isolation of people who are ill using solitary confinement is not a completely effective way to prevent transmission of the virus because, except

15

in specialized negative pressure rooms (rarely in medical units if available at

16

all), air continues to flow outward from isolation cells to the rest of the facility.

17

Segregation cells bring their own physical and mental health risks. They are most commonly used to punish people and may cause substantial

18

psychological trauma and distress. Those with serious mental illness are at

19

heightened risk when placed in isolation. Therefore, placing high-risk or laboratory-confirmed patients with COVID-19 in cells usually used for solitary

20

confinement will likely deter others from reporting symptoms or seeking

21

medical attention, thus quickly hastening the spread of the disease as

22

symptomatic prisoners will not report themselves to staff and will remain in congregate settings. Additionally, these cells often lack intercoms or other

23

means of communicating with a correctional officer or medical provider when

24

patients are in need of help, resulting in decreased medical attention and increased risk of death. This may further increase patients’ concerns that they

25

will suffer, not get the care they need in a timely manner, and die in such

26

rooms. For these reasons, it is unrealistic to believe that an effective prevention, mitigation, and treatment response to COVID-19 in correctional

27

facilities can rely upon conditions that incarcerated people are likely to

28

11

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1

experience as punitive. When such housing cells must be used for short-term

2

quarantine and isolation patients should have full access to telephone or tablet communication with family and friends on the outside and access to personal

3

property, personal hygiene supplies and access to canteen.24

4

5

33.In sum, current CDC recommendations for social distancing, frequent hand washing, frequent cleansing of surfaces, symptom screening, temperature

6

checks and isolation to prevent infection and the spread of the virus are

7

extremely difficult, if not impossible, to implement in county jails. As a result, the risk of COVID-19 transmission is far greater than in non-custodial

8

institutions.

9 10 CONDITIONS IN JAILS POSE SIGNIFICANT RISK OF TRANSMISSION OF 11 COVID-19 IN THE COMMUNITY OUTSIDE THE JAILS

12

13

34.The conditions in jails pose very significant risk of transmission of

communicable diseases like COVID -19 not only to inmates, employees and

14

volunteers in the jails, but also to the community as a whole. It has long been

15

known that jails, prisons, and detention centers can be hotbeds of disease

16

transmission, and that due to the frequent ingress and egress of employees at these facilities, an outbreak within a jail, prison, or detention center can

17

quickly spread to surrounding communities. While jails are often thought of as

18

closed environments, this is not the case. Custody, medical, and other support staff and contractors enter and leave the facility throughout the day. New

19

arrestees arrive daily. Since there is no effective way to screen for newly

20

infected or asymptomatic individuals, they can unknowingly transmit COVID-

21

19 to the jail population. Jail inmates are often transferred between housing units, to other facilities, and to and from Court. This further increases the

22

likelihood of transmission of COVID-19. When there is an outbreak in a jail,

23

staff can become infected and bring the virus home to their families and community. For example, the tuberculosis epidemic that broke out in New

24

York City in the early 1990s began in jails and was spread to the community

25

by jail employees who became infected and then returned home.

26

27

28

24 Brie Williams, MD, et al., Correctional Facilities In The Shadow Of COVID-19: Unique Challenges And Proposed Solutions, Health Affairs, 3/26/20,

https://www.healthaffairs.org/do/10.1377/hblog20200324.784502/full

12

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 14 of 37 Page ID #:413

1 35.It is difficult to overstate the devastation that a COVID-19 outbreak could

2

inflict on the county jail and its surrounding communities. At Rikers Island in New York, between the mornings of Wednesday, April 1 and Thursday, April

3

2, the number of COVID-19 positive incarcerated individuals and staff

4

members grew by 47 and 57 people, respectively, upping the jail’s total

5

numbers of confirmed cases to 231 among the incarcerated population and 223 among staff.25 The first known case of COVID-19 at Rikers was confirmed on

6

Wednesday, March 18,26 illustrating just how quickly this disease can and will

7

overwhelm detention facilities.

8 36.I am aware that cases of COVID-19 have been reported among either inmates,

9

correctional staff or both in at jails in at least ten counties in California – Los Angeles, San Francisco, Orange, Santa Clara, Alameda, Riverside, Contra

10

Costa, Santa Barbara, San Bernardino, and San Diego. In seven of those

11

counties, Santa Clara,27 San Diego,28 Riverside,29 Kern,30 Los Angeles,31

12

Orange,32 and Santa Barbara33, there are reports of correctional staff testing

13

14 25 Julia Craven, Coronavirus Cases Are Spreading Rapidly on Rikers Island, Slate (Apr. 2, 2020),
https://slate.com/news-and-politics/2020/04/rikers-coronavirus-cases-increase.html.
15 26 As Testing Expands, Confirmed Cases of Coronavirus in N.Y.C. Near 2,000 N.Y. Times (Mar. 18,

16

2020), , https://www.nytimes.com/2020/03/18/nyregion/coronavirus-new-york-update.html. 27 Kerry Crowley, Eight more inmates have COVID-19 at Santa Rita Jail, seven others await test

17 results, The Mercury News (Apr. 8, 2020), https://www.mercurynews.com/2020/04/08/eight-more-
inmates-have-covid-19-at-santa-rita-jail-seven-others-await-test-results/.
18 28 Jeff McDonald, Four San Diego sheriff’s employees have tested positive for the COVID-19 virus,

19

The San Diego Union-Tribune (Apr. 3, 2020), https://www.sandiegouniontribune.com/news/watchdog/story/2020-04-03/four-sheriffs-employees-jail-

20 inmate-test-positive-for-covid-19-department-says.

21

29 City News Service, Riverside Sheriff’s Deputy Dies, 25 Other Employees Infected with Coronavirus, NBC 4 Los Angeles (Apr. 2, 2020), https://www.nbclosangeles.com/news/coronavirus/drastic-aspects-

22

of-covid-19-riverside-sheriffs-deputy-dies-25-other-employees-infected-with-coronavirus/2340074/. 30 Madi Bolanos, Kern County Sheriff’s Staff And Inmates Test Positive For COVID-19, Valley Public

23 Radio News (Apr. 7, 2020), https://www.kvpr.org/post/kern-county-sheriffs-staff-and-inmates-test-

24

positive-covid-19. 31 Alene Tchekmedyian, A member of the nursing staff at L.A. County jails who died last week had

25

COVID-19, LA Times (April 8, 2020), https://www.latimes.com/california/story/2020-0408/coronavirus-la-county-jails-twin-towers.

26 32 Tony Saavedra, Full quarantine imposed at Orange County central jail after 4 more inmates contract

27

coronavirus, The Orange County Register (Apr. 7, 2020), https://www.ocregister.com/2020/04/07/fullquarantine-imposed-at-orange-county-central-jail-after-4-more-inmates-contract-coronavirus/.

28

33 Brian Osgood, Worker at County Jail Tests Positive for COVID-19, The Santa Barbara Independent (Mar. 17, 2020), https://www.independent.com/2020/03/17/worker-at-county-jail-tests-positive-for-

covid-19/.

13

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 15 of 37 Page ID #:414

1

positive. Given the speed with which the virus is being transmitted, the rapidly

2

growing number of cases across the state, and the regular movement of corrections staff in and out of the jails, it is inevitable that there will be cases of

3

COVID-19 in most if not all the jails without very significant reductions in the

4

jail population and other steps to prevent the transmission of the disease and

5

that those outbreaks in the jails will lead to further rapid transmission within the communities around the jails.

6

7

37.Moreover, once COVID-19 spreads throughout a jail, the burden of caring for these sick individuals will shift to local community medical facilities. This

8

burdening of community medical systems will reduce the availability of

9

intensive care units or trained infectious disease practitioners, personal

protective equipment and other life-sustaining supplies for the county as a

10

whole, thus increasing the health risks to COVID-infected citizens of the

11

county.

12 13 SPECIFIC ISSUES REGARDING LOS ANGELES COUNTY JAIL AND COVID14 19

15

38.Above, I have addressed issues that are essentially inherent in the COVID-19 risks

16

associated with being incarcerated in virtually any jail setting, including the Los

17

Angeles County Jail (LACJ). However, there are several issues specific to LACJ. LACJ is the largest county jail system in the United States. It is comprised of

18

multiple facilities, including Men’s Central Jail (MCJ), Century Regional

19

Detention Facility (CRDF) (the women’s jail), Twin Towers Correctional Facility

20

and Pitchess Detention Center, which is comprised of four different facilities including the North County Correctional Facility (NCCF). Based on my review of

21

the materials in this case, my experience working on public health in jails, and my

22

review of medical literature, it is my professional opinion that persons placed in the Los Angeles jails are at an unreasonable risk of serious harm from COVID-19.

23

24

39.While the Los Angeles Sheriff’s Department (LASD) has reduced the jail

25

population by approximately 30%, this reduction is insufficient to enable social distancing. I understand that the Population Management Bureau (PMB) and

26

Correctional Health Services have been working to assess individuals for release

27

and to identify all medically vulnerable persons, including all persons over 55. Nonetheless, LASD’s jail facilities remain near their rated capacities, i.e., the

28

14

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 16 of 37 Page ID #:415

1

maximum number of inmates that should be housed in that jail facility.34

2

Moreover, the rated capacity of a facility does not account for a pandemic like COVID-19. The failure to adequately reduce the jail population results in

3

medically vulnerable individuals being unable to maintain social distancing from

4

other potentially infected persons, leaving these medically vulnerable prisoners at

5

very high risk of severe illness or death. In fact, the reductions in jail population have been insufficient to implement social distancing measures essential to

6

mitigate the risk of transmission of the disease. Further, the sheer number of

7

prisoners currently held at the jail compromises the ability of jail officials to address the risks associated with COVID-19. It is axiomatic that the fewer

8

prisoners the jail, the less the risk of transmission of the disease, and the less strain

9

there is on the jail’s medical care system.

10

40.The Los Angeles Department of Public Health (LA DPH) has issued guidance to

11

the Los Angeles Sheriff’s Department (LASD), detailing the specific steps to be

12

taken to mitigate the spread of the virus.35 The LA DPH’s recommendations align with CDC guidelines in a number of areas, and include, but are not limited to:

13

requiring staff to wear masks and gloves at all times, providing soap available at

14

no cost, providing liquid soap available when possible, providing paper towels, providing tissues at no cost, providing no-touch trash receptacles, ensuring access

15

to running water, providing masks to symptomatic persons, enabling social

16

distancing, positioning beds at least six feet apart, increasing cleaning of common

17

spaces, eliminating appointment co-pays, reducing the jail population in order to abide by social distancing guidelines, and prioritizing early release of medically

18

vulnerable individuals. The current practices at LACJ do not comply with the

19

CDC or LA DPH guidelines in a number of important respects.

20 41.I have reviewed the LASD’s announced COVID-19 policies and guidelines,

21

which I find wholly inadequate. With regard to new jail admittees, LASD

22

“screen[s] incoming inmates outside before entering the Inmate Reception

23

Center (IRC) facility. Inmates brought to the IRC who responded “yes’ to

24

the screening questions or displayed symptoms were masked and isolated in

25 34LASD Custody Division Rated Capacity Report, December 2019,

26 https://lasd.org/transparency%20data/custody%20reports/Custody%20Division%20Population%20201

27

9%20Fourth%20Quarter%20Report.pdf, p. 11. 35 Los Angeles County Department of Public Health, Guidance for Correctional and Detention

28

Facilities (Apr. 9, 2020), http://publichealth.lacounty.gov/media/Coronavirus/GuidanceCorrectionalDetentionFacilities.pdf (last

visited Apr. 12, 2020).

15

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 17 of 37 Page ID #:416

1

the on-site Correctional Treatment Center (CTC). Newly arrived arrestees

2

who were asymptomatic, but who reported close contact with infected people, were masked and placed in quarantine if appropriate. Inmates who

3

display symptoms or reported close contact with infected people, in the

4

future will be isolated or quarantined as appropriate.”

5

(https://lasd.org/covid19updates/#custody)

6 42.This is inadequate. As I previously indicated, some 25% of infected people are

7

asymptomatic, and asking them screening questions will fail to identify them so they can be isolated, tested, and treated if positive. Also, symptom screening

8

alone is ineffective since it may take several days after becoming infected for

9

symptoms to appear. Therefore, all new admittees should be quarantined for 14

days and monitored on at least a daily basis for fever and symptoms of COVID-19

10

so that those who are infected will no long carry the virus (and those who become

11

infected remain separated) before being placed in a housing unit with other

12

prisoners who are not infected. Without quarantining all newly-admitted prisoners, it is inevitable that some percentage of new admittees will carry the

13

virus and infect others housed in the jail. By LASD’s own description, the intake

14

screening process only addresses symptomatic people or those known to have in contact with infected people when entering the jail.

15

16 43.CDC recommends screening all staff daily on entry into the facility for COVID-19

17

symptoms and close contact with cases, and the provision of temperature checks. Currently, it is my understanding that staff are not being screened daily for

18

symptoms and given daily temperature checks. This measure is necessary to

19

ensure that jail staff do not spread the disease inside the jail. As of April 19, 2020, the LASD website only says that they are monitoring and encouraging people to

20

self-report. Those measures are not sufficient when many cases of COVID-19 are

21

mild yet still highly contagious. See https://lasd.org/covid19updates/#custody.

22

44.I have been provided numerous inmate declarations (which I am advised are being

23

provided to the court). Based on the information in these declarations, many of the

24

CDC and LA DPH recommended measures have not been implemented across LA County jails. These declarations indicated several significant problems that are not

25

being, or are inadequately being, addressed by LASD, which I discuss in the

26

following paragraphs.

27 45.Social distancing is the single most important tool in preventing transmission of

28

the virus. For this reason, both the CDC and LA DPH recommend housing as

many incarcerated persons as possible in cell units, instead of dormitories where

16

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 18 of 37 Page ID #:417

1

social distancing is not feasible. However, the LASD continues to house

2

thousands of persons in crowded dorms where they cannot possibly maintain six feet of distance between themselves and others. At least several jail facilities,

3

including North County Correctional Facility (NCCF) and Men’s Central Jail

4

(MCJ), house jail prisoners in dormitory units where dozens of triple bunk beds

5

are placed as close as three feet apart. Even if LASD directs individuals to sleep head to foot, they remain less than six feet apart. They remain in similarly close

6

proximity while eating, walking, and sitting at their bunks. Prisoners who are

7

particularly vulnerable to severe illness for COVID-19 per CDC guidelines are housed in, or have been told they will be transferred to, large dormitories where

8

they will be exposed to a greater risk of COVID-19 spread.

9

46.LASD is responsible for the transport of incarcerated individuals to and from their

10

court dates in courthouses across Los Angeles County. At various stages of the

11

transport process, LASD deputies handcuff incarcerated individuals who are

12

housed in different jail facilities to one another, facilitating the exchange of respiratory vapors and droplets between prisoners of different jails. LASD also

13

temporarily holds incarcerated people from all different jails in small enclosed

14

cells, 20 to 30 individuals per cell, in the courthouses, thereby increasing the risk of inter-facility spread. Due to the small size of the holding cell and the large

15

numbers of people in them, if someone in the holding tank is positive for COVID-

16

19, the disease can readily spread in the enclosed confined space.

17

47.In addition, inmates are not kept far enough apart while being taken to attorney

18

visits. One inmate reported being ordered to stand less than 6 feet apart while

19

being held in a confined space on the way to his attorney visit. At least one person in the space was coughing. Nor are inmates isolated during transportation

20

for medical care visits. Multiple inmates are made to share the same van and

21

transport.

22

23

48.Hand hygiene – washing one’s hands several times a day – is a critical component of stopping the spread of the virus. According to the declarations I reviewed,

24

LASD does not reliably and consistently supply prisoners with free soap and other

25

hand hygiene necessities. At MCJ, many jail detainees apparently receive a onetime provision of one small bar of soap that is insufficient for the routine

26

handwashing and showering. Once they have used this soap, they are required to

27

buy additional bars from the commissary (assuming they have funds). Even in cells or dorms where soap is provided, few detainees have access to paper towels

28

or hand dryers. These practices do not comply with basic CDC/LA DPH

17

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 19 of 37 Page ID #:418

1

recommendations to provide unlimited no-cost soap (liquid where possible).

2

These inadequacies facilitate the rapid spread of COVID-19 within the jail.

3 49.Similarly, LASD apparently does not ensure that high touch surfaces, which

4

should be cleaned with EPA-registered disinfectants effective against the COVID

5

19 virus several times per day, are so cleaned. These are also CDC/LA DPH recommendations, especially for common areas. In all jail facilities, LASD

6

incarcerated persons share a limited number of phones and communal tables

7

within dayrooms and dormitories. According to the declarations, LASD does not ensure these areas are routinely disinfected nor do they provide incarcerated

8

persons with the supplies to disinfect phones and high touch areas on their own.

9

Because the virus can survive on inanimate objects, the jail’s failure to clean

regularly high-touch surfaces increases the risk of transmission.

10

11 50.The failure to clean and disinfect shared surfaces is even more concerning given

12

the conditions in which incarcerated persons are forced to live. Many jail detainees, particularly those in dormitories, must share communal phones,

13

exercise equipment, railings, sinks, showers, and toilets. They are not cleaned or

14

disinfected between each use, and the LASD does not provide supplies for disinfection or cleaning between each use. At some facilities, prisoners receive

15

clean towels and bedding only once a month. As public health officials have long

16

recognized, such substandard hygiene conditions are known to contribute to the

17

spread of viruses.

18 51.Access to personal protective equipment still appears to be a serious problem for

19

staff and incarcerated persons alike. On the early morning of April 10th, LASD distributed face coverings (non-medical masks) throughout at least some facilities,

20

consistent with CDC guidance and City of Los Angeles orders requiring face

21

coverings in public spaces. (As of April 13th, NCCF had not provided masks to

persons in dorms). LASD provided no information as to when they will provide

22

new clean masks nor any instruction on how to routinely wash masks consistent

23

with CDC recommendations. LASD has not provided appropriate personal

24

protective equipment to incarcerated persons required to clean spaces where confirmed and suspected COVID-19 patients have spent time. Incarcerated

25

persons in fact report that they are required to clean such contaminated spaces

26

without adequate gowns, coveralls, or masks. Jail staff also fail to consistently wear masks to help ensure the protection of the entire detainee and staff

27

populations.

28

18

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 20 of 37 Page ID #:419

1 52.The CDC has recommended that cloth face coverings be changed often and

2

washed at least daily. The CDC guidance on jail settings refers the jailer to the CDC’s document entitled “Interim Infection Prevention and Control

3

Recommendations for Patients with Suspected or Confirmed Coronavirus Disease

4

2019 (COVID-19)” (Updated April 13, 2020) in Healthcare Settings infection

5

control protocols, which notes that cloth face coverings “should be changed if they become soiled, damp, or hard to breathe through, laundered regularly (e.g.,

6

daily and when soiled), and, hand hygiene should be performed immediately

7

before and after any contact with the cloth face covering.” Providing each inmate only one mask makes it more difficult for them to launder, clean, and change

8

masks when they “become saturated with respiratory secretions.” I have seen no

9

evidence that these guidelines are being followed.

10

53.At least several incarcerated persons have reported that they were forced to share

11

enclosed spaces with persons exhibiting a dry cough and other signs of COVID-19

12

illness. The failure to promptly isolate symptomatic persons has already resulted in the spread of infection within the jail. During a transfer to a court appearance,

13

one detainee was placed in a holding cell with someone who was coughing and

14

visibly sick. Several days later, the detainee became sick herself, and after numerous requests for medical care, she obtained a test for COVID-19 (and tested

15

positive). Based on her report, and the reports of others, LASD is not promptly

16

medically isolating positive and suspected COVID-19 cases and quarantining

17

close contacts of COVID-19 cases consistent with CDC guidelines.

18 54.LACJ is also not timely testing persons with known symptoms of COVID-19.

19

Moreover, several incarcerated persons have reported that they have been unable to get a test despite exhibiting a cough and/or other symptoms. If these persons

20

were in the community, they would meet the criteria for a test for displaying

21

active symptoms of the disease. At LACJ, they are denied tests, even though by

22

reason of being jailed they pose a far higher risk of transmitting COVID-19 to others.

23

24

55.Public health guidelines require the Jail to conduct contact investigations to identify and quarantine all persons who have come into close contact with persons

25

with known or suspected COVID-19. Monitoring of close contacts should include

26

regular symptom screening and temperature checks. Quarantines should separate

high-risk and low-risk inmates. LACJ has not instituted contact investigations and

27

quarantine and monitoring practices for those in close contact with symptomatic

28

inmates consistent with public health guidelines.

19

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 21 of 37 Page ID #:420

1 56.LACJ is utilizing segregation units to house persons with known or suspected

2

COVID-19 illness. This acts to deter prisoners from reporting COVID-related symptoms, due to their fear that doing so will result in their being placed in

3

punitive isolation conditions.

4

5

57.LACJ does not provide information to all prisoners regarding symptoms of COVID-19 and prevention practices inmates should employ to reduce the risks of

6

transmission of the disease, as CDC guidance requires.

7

58.I have reviewed the Declaration of Catrina Balderamma. Ms. Balderamma has

8

attested that she has tested positive for COVID-19. There are many aspects of the

9

care she describes that raise concerns about the LACJ’s response to COVID-19

that are emblematic of the problems at LACJ and that contribute to an

10

unreasonable risk to all jail inmates.

11

12

a.

Ms. Balderamma was booked into the Jail in January 2020. For months

after her admission, she received no information about COVID-19 from

13

jail personnel as to how to protect herself from the virus.

14

b.

On March 16, 2020, Ms. Balderamma was taken to Court and placed in

a holding cell with 14 other inmates while awaiting her Court

15

appearance. One of the individuals was coughing and having difficulty

16

breathing. There was not enough space in the holding cell to maintain

17

appropriate social distancing.

c.

Ms. Balderamma began complaining of symptoms consistent with

18

COVID-19 (headache and lethargy) and requested medical care on

19

March 18, 2020. Despite submitting numerous subsequent requests to see medical because of continued symptoms (fever, chills, sweating,

20

sore throat, and continued headache) and filing a grievance on March 25,

21

2020, Ms. Balderamma was not evaluated by medical until April 1,

22

2020. All individuals with symptoms of COVID-19 need to be medically evaluated timely.

23

d.

On April 1, 2020, a physician evaluated her in the main medical clinic at

24

CRDF. At that time, her temperature was 103.8 and she was complaining of a severe headache and nausea. She was given

25

medication for her headache. She was not given a test for COVID-19

26

and was not given a mask. She was placed in a holding cell with 5 other women for 2 ½ to 3 hours and then returned to her housing unit. She

27

was placed back in her cell with her roommate. Ms. Balderamma was

28

not given a mask despite her symptoms. The cell was so small he could

20

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 22 of 37 Page ID #:421

1

not practice social distancing. Individuals with symptoms of COVID-19

2

need to be medically isolated from other detainees.

e.

Later that night, she was moved to a single cell in a disciplinary

3

segregation unit. According to her declaration, there was no toilet paper

4

or soap, she was unable to shower, and there was old food under the bed

5

and on the walls. She was denied medication when a deputy refused to open the food slot in her door and allow the nurse to deliver her

6

medication.

7

f.

The following day, or day after, Ms. Balderamma was escorted to a

vehicle for transportation to the Correctional Treatment Center (CTC) at

8

Twin Towers. However, upon arrival at the vehicle, staff was notified

9

that there were no empty beds at the CTC. Ms. Balderamma was taken

back to her cell in administrative segregation.

10

g.

The next day she was transferred to the CTC. The following day she was

11

tested for COVID-19. On or about April 9, 2010, the test came back

12

positive. Ms. Balderamma states she was treated well by the doctors and nurses in the CTC.

13

h.

On April 10, 2020, Ms. Balderamma was cleared to return to CRDF.

14

(CDC guidelines state people with COVID-19 no longer require medical isolation when they have not had a fever for at least 72 hours without the

15

use of medicine that reduces fevers, their other symptoms have

16

improved, and at least 7 days have passed since their symptoms first

17

appeared.36 The LA DPH jail guidelines list similar criteria for when staff can return to work after infection with COVID-19.)

18

i.

Upon Ms. Balderamma’s return to CRDF, she was placed back in a cell

19

in disciplinary segregation. She describes the conditions of her confinement in administrative segregation as: “While incarcerated in

20

module 1600, I am inside my cell 24 hours a day. I am not allowed to

21

make phone calls. I am served food through a slot in my door. The

deputies rarely pick up my trash so it piles up by the door. My sink is

22

clogged and fills up with dirty water when other people flush their

23

toilets. The sink is clogged with dirty water so high that I am unable to

24

place a cup under the faucet to catch the water that runs from there in order to brush my teeth or wash myself. I have not been allowed out of

25

26

27 36 CDC, Caring for Someone Sick at Home or other non-healthcare settings, 28 https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/care-for-someone.html

21

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 23 of 37 Page ID #:422

1

my cell to shower while in this module. Before I was sent to CTC I

2

received no soap while housed in 1600. It was not until April 11th that I received half a bar of soap to clean with. No one comes in to clean my

3

cell and I have no access to disinfectant. There are balls of dust

4

everywhere on the floor and the cell is incredibly disgusting.” While in

5

segregation, Ms. Balderamma has been unable to call and speak with her family. As noted above, Ms. Balderamma is reportedly no longer

6

considered to be contagious. There is no medical or public health

7

rationale for her continued isolation. Furthermore, it is not currently known whether individuals who have been infected with COVID-19 can

8

be re-infected. Placing her in a housing unit with known or suspect cases

9

potentially places her at further risk.

10

59.At least several declarants reported that they or their cellmates were forced to

11

relinquish their CPAP (continued positive airway pressure) machines, which are

12

devices required to keep one’s airways open while sleeping. The CPAP machines

13

were not replaced by any alternatives to the critical care that individuals with diagnosed sleep apnea or other obstructed breathing conditions need. At least one

14

incarcerated person with diminished lung capacity has reported having trouble

15

breathing while sleeping after confiscation of his CPAP machine.

16 60.Individuals diagnosed with asthma are housed in varying dorms and cells in

17

LACJ. One incarcerated individual with chronic asthma indicated that they have

18

difficulty accessing inhalers. He filed a request for an inhaler and he did not ultimately receive an inhaler until 10 days later, causing a delay in necessary

19

medical care.

20

61.LACJ’s inability to adequately contain COVID-19 creates higher risk for

21

medically vulnerable populations. LACJ holds persons who by reason of their age

22

and/or chronic medical condition are particularly susceptible to becoming

23

seriously ill or even dying should they become infected with COVID-19.

24 62.I have reviewed the Declaration of Albert Kirk Jones. Mr. Jones has attested that

25

he has 64 years old and has a history of respiratory illness, debilitating pneumonia, bronchitis, diminished lung capacity, breathing difficulties, and a

26

heart condition. Mr. Jones also requires the assistance of a CPAP machine at

27

night, which has been confiscated from him. Mr. Jones is medically vulnerable per CDC and public health guidelines, and therefore is at imminent risk of serious

28

illness and death should he remain at the Jail.

22

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 24 of 37 Page ID #:423

1 63.I have reviewed the Declaration of Benito Venegas. Mr. Venegas has attested that

2

he has asthma and epilepsy, which has resulted in seizures twice a month for the last ten years. Mr. Venegas is medically vulnerable per CDC and public health

3

guidelines, and therefore is at imminent risk of serious illness and death should he

4

remain at the Jail.

5

6

64.I have reviewed the Declaration of Carole Dunham. Ms. Dunham has attested that she has Type I diabetes and receives insulin shots four times a day. Ms. Dunham

7

is medically vulnerable per CDC and public health guidelines, and therefore is at

8

imminent risk of serious illness and death should she remain at the Jail.

9

65.I have reviewed the Declaration of DeNeal Young. Mr. Young has attested that he

10

suffers from severe obesity and an undiagnosed heart condition. Mr. Young is

11

confined to a wheelchair due to blood clots in his legs, which place him at risk of

heart attack, pulmonary embolism, and stroke. Mr. Young is medically vulnerable

12

per CDC and public health guidelines, and therefore is at imminent risk of serious

13

illness and death should he remain at the Jail.

14

15

66.I have reviewed the Declaration of Holly Davidson. Ms. Davidson has attested that she was diagnosed with lymphoma in February of 2016 and underwent partial

16

chemotherapy. Ms. Davidson is medically vulnerable per CDC and public health

17

guidelines, and therefore is at imminent risk of serious illness and death should she remain at the Jail.

18

19 67.I have reviewed the Declaration of Jeffrey Livotto. Mr. Livotto has attested that as

20

an asthmatic, he has suffered serious asthma attacks. Mr. Livotto is medically

21

vulnerable per CDC and public health guidelines, and therefore is at imminent risk of serious illness and death should he remain at the Jail.

22

23 68.I have reviewed the Declaration of LeAndrew Lewis. Mr. Lewis has attested that

24

he is diabetic, has high blood pressure, and has a history of bronchitis. Mr. Lewis is medically vulnerable per CDC and public health guidelines, and therefore is at

25

imminent risk of serious illness and death should he remain at the Jail.

26

27

69.I have reviewed the Declaration of Mark Avila. Mr. Avila has attested that he has

28

chronic asthma and restricted breathing that is exacerbated by delays in the jail’s provision of critical medication (e.g., inhalers). Mr. Avila is medically vulnerable

23

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 25 of 37 Page ID #:424

1

per CDC and public health guidelines, and therefore is at imminent risk of serious

2

illness and death should he remain at the Jail.

3

70.I have reviewed the Declaration of Rodney Cullors. Mr. Cullors has attested that

4

he is 58 years old and suffers from hypertension, spinal damage, and heart

5

problems. Mr. Cullors also attests that he has been diagnosed with schizophrenia,

6

bipolar disorder, and manic depression. Mr. Cullors is medically vulnerable per CDC and public health guidelines, and therefore is at imminent risk of serious

7

illness and death should he remain at the Jail.

8

71.I have reviewed the Declaration of Victor Gutierrez. Mr. Gutierrez has attested

9

that he suffers from asthma. Mr. Gutierrez is medically vulnerable per CDC and

10

public health guidelines, and therefore is at imminent risk of serious illness and

death should he remain at the Jail.

11

12

13 Population Reduction

14

15

72.It is also my professional opinion that a necessary component of bringing jails into compliance with the recommendations of the CDC and LA DPH to minimize the

16

risk of COVID -19 transmission within the jails and to the larger community is to

17

substantially reduce the population of jail facilities so that the public health guidelines can be met.

18

19 73.I am aware that LACJ has already reduced its population since the COVID

20

outbreak. However, in my professional opinion those reductions are insufficient to enable the recommendations of the CDC guidelines, particularly with respect to

21

social distancing, to be met. Los Angeles County has reduced its jail population

22

from about 17,076 to 11,883, which is about a 30% reduction,.37 Yet, it is still near its capacity of 12,404 as rated by the Board of State and Community

23

Corrections (BSCC).38 Moreover, BSCC ratings were not designed with a

24

pandemic that requires social distancing in mind. As a result, facilities that are

25

operating at or not far below their BSCC rated capacities will not allow for

26

27

37 Monitoring Jail Populations During COVID – 19 (Vera Institute of Justice) https://www.vera.org/projects/covid-19-criminal-justice-responses/covid-19-data

28

38 Los Custody Division Population Quarterly Report October - December 2019 at page 11, https://lasd.org/transparency%20data/custody%20reports/Custody%20Division%20Population%20201

9%20Fourth%20Quarter%20Report.pdf

24

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 26 of 37 Page ID #:425

1

inmates, correctional and other staff to maintain appropriate social distancing

2

necessary to preventing the transmission of COVIDC-19. Even if a jail system is well below its BSCC rated capacity, it will not be operating consistent with CDC

3

Guidance if, among other things, it houses inmates in crowded dormitory housing,

4

has crowded dayrooms where inmates share showers and telephones, it fails to

5

quarantine inmates with symptoms of COVID, and does provide for adequate soap and cleaning supplies to allow for the regular disinfection of surfaces.

6

Accordingly, the jail population should still be reduced in order to allow for the

7

creation of reasonably safe conditions for those who remain.

8 74.To minimize the risk of COVID-19, the population must be reduced so that it is

9

possible for incarcerated persons to be able to main distance of six feet or more

from each other at all times, including in communal areas; there is no double or

10

triple bunking; there are adequate numbers of medical cells for any inmate who is

11

symptomatic or who has contracted COVID-19; and proper screening,

12

quarantining, and isolation procedures can be put into place for anyone attempting to enter the jail – both staff and inmates. Measures such as more regular

13

disinfection and cleaning, and wider availability of soap are insufficient to address

14

the dangers that COVID-19 poses in jail without a significant reduction of the jail population to allow for genuine social distancing among inmates, correctional

15

staff and other jail staff.

16

17

75.In particular, those who are medically vulnerable (see ¶ 28) should be moved out of the jails to the absolute maximum extent possible. This population remains at

18

serious risk of serious illness and death should they remain at the jail.

19

76.Significantly reducing county jail populations is an urgent public health measure.

20

It will allow facilities to significantly reduce the risk of infection for both

21

incarcerated people and correctional officers, which in turn protects the

22

communities where corrections staff live.

23 77.Programs must be developed to ensure the safe re-entry of inmates into the

24

community. Individuals with existing housing can be released with instructions for self-quarantine for 14 days and compliance with community-based shelter-in-

25

place protocols. Those without housing should be released to shelters or half-way

26

houses with the capacity for quarantine and social distancing. Lack of suitable

housing must not be used to keep people in jail. Intensive discharge planning

27

efforts must be implemented to maximize the safe release of inmates into the

28

community. Quarantine in the jail for 14 days, prior to release, must only be used

as a last resort. Community self-quarantine, or compliance with community-based

25

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 27 of 37 Page ID #:426

1

shelter-in-place protocols, entails exposure to a small number of co-habitants,

2

typically family members. Incarcerated people under quarantine are likely to interact with multiple custody and clinical staff members for food, showers, yard

3

time, and medical needs. Where possible, public health and housing authorities

4

should work together with the private sector to utilize hotels and other vacant

5

living spaces that provide a safe environment where it is feasible to shelter in place, access food, and adhere to social distancing during the COVID-19

6

pandemic.39

7 78.I recognize that there are issues regarding public safety when addressing jail

8

population reduction. To the extent these issues are addressed in this case for those

9

who are medically vulnerable, release must be considered in light of the severe public health consequences of not releasing such individuals.

10

11 79.It would be valuable for the court to appoint qualified expert who could make

12

recommendations regarding: (1) the specific steps taken to implement the recommendations I have made herein, (2) all other mitigation efforts to

13

significantly reduce the risk of contraction of COVID-19 by all inmates not

14

immediately released, (3) a housing plan for any released inmate whose testing confirms that have been exposed or infected with COVID-19 and who do not have

15

in place housing, and (4) an evaluation of whether the release of medically

16

vulnerable inmates permits adequate social distancing, or whether additional

17

releases are necessary.

18 Necessary Measures for those who are currently or will be in the LA County Jail

19

20

80.Aside from appropriately releasing the maximum number of people possible, for those presently or in the future incarcerated during the life of the pandemic, LASD

21

should follow all CDC/LA DPH Guidance for correctional facilities, whether that

22

guidance is phrased as mandatory or discretionary. The following remedies

23

should be implemented immediately: a. Communication: Effectively communicate to all incarcerated people,

24

including low-literacy and non-English-speaking people, sufficient information

25

about COVID-19, measures taken to reduce the risk of transmission, and any

26

changes in policies or practices to reasonably ensure that individuals are able to

27

28

39 AMEND, How to Release People from Prison to Achieve Public Health Goals during COVID-19: Recommended Principles and Practices, April 13, 2020, https://amend.us/wp-

content/uploads/2020/04/Public-health-focused-decarceration-guidelines-1.pdf.

26

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 28 of 37 Page ID #:427

1

take precautions to prevent infection. Effective communication must include in

2

person communication rather than instruction through a video only. Effective communication is also particularly important for those incarcerated persons

3

with serious mental illness. This population is at a heightened risk of contracted

4

and spreading the virus because they may be less capable of following hygiene

5

and social distancing instructions due to their mental illness. In addition, signage must be posted throughout the facility communicating COVID-19

6

symptoms and hand hygiene instructions. Such signage must be understandable

7

for non-English speaking people as well as those with low literacy, and provide clear information about the presence of COVID-19 cases within a facility and

8

the need to increase social distancing and maintain hygiene precautions.

9

b. Entrance Screening: Perform pre-intake screening for all new arrestees for

10

symptoms of COVID-19 upon entry (or re-entry). This includes temperature screening, as well as a verbal symptom check.

11

c. Quarantine New Admissions: Quarantine all new entrants for 14 days before

12

they enter the general population by cohorting daily intakes if necessary.

13

d. Housing: To the extent possible, house jail detainees in cells instead of

14

dormitories. Recommend that those persons sharing sleeping quarters sleep

15

head-to-foot. To the extent practicable, beds in housing units should be rearranged to allow for sufficient separation during sleeping hours.

16

e. Social Distancing: Whenever possible, require all staff and incarcerated

17

persons to maintain a distance of six feet from one another.

18

f. Hand Hygiene: Ensure that each incarcerated person receives, free of charge:

19

(1) an individual (and ample) supply of hand soap (liquid if possible) sufficient to allow frequent hand washing; and (2) paper towels for hand drying. Ensure

20

that any and all soap dispensers in communal areas are adequately stocked with

21

liquid soap. Require that all LASD staff working in County jails wash their hands, apply hand sanitizer containing at least 60% alcohol, or change their

22

gloves both before and after interacting with any person or touching surfaces in

23

cells or common areas.

24

g. Disinfection of Surfaces: Ensure that staff or incarcerated workers, several

25

times a day, clean and disinfect high touch surfaces and objects in common areas, with EPA-registered disinfectants; provide jail detainees with cleaning

26

supplies – including access to EPA-registered disinfectants or disinfectant

27

wipes – so that they can clean surfaces within their own living spaces. (High touch areas include phones, doorknobs, sink handles, toilet handles, and

28

recreation equipment.) Facility staff must ensure there is adequate supervision

of all individuals responsible for cleaning and disinfecting these areas.

27

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 29 of 37 Page ID #:428

1

h. Tissues: Provide an adequate supply of tissues and no-touch trash receptacles

2

for all persons; require staff and incarcerated persons to cough into a tissue or their elbow and to throw tissues in the trash.

3

i. Hygiene Generally: Provide access to daily showers and daily access to clean

4

laundry, including clean personal towels and washrags after each shower.

5

Ensure showers are cleaned and disinfected at least daily and that incarcerated

persons have supplies to clean showers between uses. Provide more frequent

6

access to laundry, at least twice weekly, which should be possible given the

7

reduction in population that has already occurred.

8

j. Screening of Jail Staff: Perform screening for all custody, medical and

9

ancillary jail staff for symptoms of COVID-19 every time they enter the facility. This includes temperature screening, as well as a verbal symptom

10

check.

11

k. PPE for Jail Staff & Incarcerated Persons: Require that all jail staff and

12

incarcerated persons wear PPE consistent with CDC and LA DPH guidelines. Ensure that all staff working in County jails wear personal protective

13

equipment, including CDC-recommended surgical masks (if surgical masks are

14

limited staff should wear cloth face masks). If cloth masks are distributed, they

15

must be laundered regularly.

16

l. Testing: Conduct immediate testing for incarcerated persons displaying known symptoms of COVID-19.

17

m. Isolation for Confirmed and Suspected Covid-19 Cases: Ensure that

18

individuals identified as having COVID-19 are medically isolated pursuant to

19

CDC guidelines. Use cohorts only for individuals with laboratory-confirmed COVID-19 cases, not suspected cases. Ensure that medically isolated

20

individuals have continued access to showers, recreation, mental health

21

services, reading materials, phones, cleaning supplies, communications with counsel, and personal property. Ensure that medically isolated individuals are

22

provided individualized meals that comply with assigned medical diets.

23

n. Quarantine for Close Contacts of Covid-19 Cases: Ensure that individuals

24

identified as close contacts of COVID-19 cases are quarantined pursuant to

25

CDC guidelines. Cohorting may be used for quarantined persons consistent with CDC and public health guidelines.

26

o. Co-Pays for Medical Care: Waive all medical co-pays for those experiencing

27

COVID-19-related symptoms and waive all charges for medical grievances

28

related to possible infection with COVID-19 during this health crisis.

28

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 30 of 37 Page ID #:429

1

p. Maintain Same Standards of Medical Care. Provide adequate medical

2

alternatives for those with decreased lung capacity who have had their CPAP machines confiscated due to COVID-19.

3

q. Communications with Family/Support. Provide opportunities for

4

incarcerated persons to communicate free of charge with their families and

5

loved ones.

6

7 Conclusion 8

9 81.For the reasons above, it is my professional opinion that persons currently

10

detained in the LA County Jail are at significantly greater risk of contracting

11

COVID-19 than if they were permitted to shelter in place in their home communities. If infected, many are at increased risk of suffering severe

12

complications and outcomes. In particular, those people who are medically

13

vulnerable and at risk of severe illness from COVID are at a high risk to develop COVID-19 if they remain in jail and become either extremely ill or die as result.

14

15 82.It is also my professional opinion that conditions in the county jails also threaten

16

the health and safety of every individual within those jails—detained persons and staff alike—and in their surrounding communities.

17

18

83.Finally, it is my opinion that as many people as possible – particularly the medically vulnerable – should be released into appropriate settings and that the

19

extensive measures previously outlined regarding those who remain incarcerated

20

should be implemented immediately.

21

22

23

I declare under penalty of perjury that the foregoing is true and correct. Executed

24 on April 24, 2020 in Alameda County, California.

25

26

27

28

Dr. Joe Goldenson

29

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 31 of 37 Page ID #:430

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EXHIBIT A

30

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 32 of 37 Page ID #:431
CURRICULUM VITAE
JOE GOLDENSON, MD 1406 CYPRESS STREET BERKELEY, CA 94703
(510) 557-1086 jgoldenson@gmail.com

EDUCATION

Post Graduate Training

February 1992
1979-1980 1976-1979

University of California, San Francisco, CPAT/APEX Mini-Residency in HIV Care Robert Wood Johnson Fellowship in Family Practice University of California, San Francisco Residency in Family Practice

Medical School 1973-1975
1971-1973

Mt. Sinai School of Medicine, New York M.D. Degree University of Michigan, Ann Arbor

Undergraduate Education

1967-1971

University of Michigan, Ann Arbor B.A. in Psychology

PROFESSIONAL EXPERIENCE

Practice Experience 1993-2015
1991-1993
1990-1991
1987-1990
1980-1987 1975-1976

Director/Medical Director Jail Health Services San Francisco Department of Public Health Medical Director Jail Health Services San Francisco Department of Public Health Chief of Medical Services, Hall of Justice Jail Health Services San Francisco Department of Public Health Staff Physician Jail Health Services San Francisco Department of Public Health Sabbatical Staff Physician United Farm Workers Health Center, Salinas, CA

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 33 of 37 Page ID #:432

Consulting 6/16-8/19 4/02-Present
6/14-9/14 6/10-12/13
6/08-6/12 5/08-9/09 1/08
9/07-1/10
8/06-8/12
6/05 11/02-4/03 4/02-8/06
1/02-3/02
8/01-4/02 7/01-4/02 1/96-1/14 5/95-6/08
3/98-12/98

Consultant to Los Angeles Department of Health Services re: provision of health care services in the LA County Jail Federal Court Medical Expert, Plata v. Newsome, Class Action Lawsuit re: prisoner medical care in California State Prison System Medical expert for the Illinois Department of Corrections and the ACLU of Illinois Federal Court appointed Medical Monitor, U.S.A. v. Cook County, et al., United States District Court for the Northern District of Illinois, No. 10 C 2946, re: medical care in the Cook County Jail Member, Plata v. Schwarzenegger Advisory Board to the Honorable Thelton E. Henderson, U.S. District Court Judge Medical Expert for ACLU re Maricopa County Jail, Phoenix, AZ Member of the National Commission on Correctional Health Care’s Technical Assistance Review Team for the Miami Dade Department of Corrections Federal Court appointed Medical Expert, Herrera v. Pierce County, et al., re: medical care at the Pierce County Jail, Tacoma, WA State Court Appointed Medical Expert, Farrell v. Allen, Superior Court of California Consent Decree re medical care in the California Department of Juvenile Justice Member of Technical Assistance Review Team for the Dallas County Jail Medical Expert for ACLU re Jefferson County Jail, Port Townsend, Washington Federal Court Medical Expert, Austin, et. al vs Wilkinson, et al, Class Action Law Suit re: Prisoner medical care at the Ohio State Penitentiary Supermax Facility Consultant to the Francis J. Curry, National Tuberculosis Center re: Tuberculosis Control Plan for the Jail Setting: A Template (Jail Template), Medical Expert for ACLU re Wisconsin Supermax Correctional Facility, Boscobel, WI Medical Expert for Ohio Attorney General’s Office re Ohio State Prison, Youngstown, OH Member and Surveyor, California Medical Association Corrections and Detentions Health Care Committee Medical Expert for the Office of the Special Master, Madrid vs Alameida, Federal Class Action Law Suit re: Prisoner medical care at the Pelican Bay State Prison Supermax Facility Member, Los Angeles County Department of Public Health Jail Health Services Task Force

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 34 of 37 Page ID #:433

2/98 6/94

Medical Expert, Department of Justice Investigation of Clark County Detention Center, Las Vegas, Nevada Surveyor, National Commission on Correctional Health Care, INS Detention Center, El Centro, CA

Work Related Committees

1/14 to present 10/11 to 5/19 5/07-10/12
12/04-3/06
6/03-8/03
3/02-1/03
6/01-1/15 3/01
9/97-6/02 3/97-3/02 3/96-6/12 2/00-12/00 12/98-12/00 7/94-7/96 6/93-6/95 2/92-2/96 3/90-7/97

Member, Editorial Advisory Board, Correctional Health Care Report Member, Board of Directors of the National Commission on Correctional Health Care Liaison to the CDC Advisory Council for the Elimination of Tuberculosis (ACET) from the National Commission on Correctional Health Care Member of the CDC Advisory Council for the Elimination of Tuberculosis (ACET) Ad Hoc Working Group on the Prevention and Control of Tuberculosis in Correctional and Detention Facilities: Recommendations from CDC (MMWR 2006; 55(No. RR-9)) Member of the Advisory Panel for the Francis J. Curry National Tuberculosis Center and National Commission on Correctional Health Care, 2003: Corrections Tuberculosis Training and Education Resource Guide Member of the Advisory Committee to Develop the Tuberculosis Control Plan for the Jail Setting: A Template (Jail Template), Francis J. Curry, National Tuberculosis Center Director’s Cabinet San Francisco Department of Public Health Consultant to Centers for Disease Control on the Prevention and Control of Infections with Hepatitis Viruses in Correctional Settings (MMWR 2003; 52(No. RR-1)) Member, Executive Committee of Medical Practice Group, San Francisco Department of Public Health American Correctional Health Services Association Liaison with American Public Health Association Chairperson, Bay Area Corrections Committee (on tuberculosis) Medical Providers’ Subcommittee of the Office-based Opiate Treatment Program, San Francisco Department of public Health Associate Chairperson, Corrections Sub-Committee, California Tuberculosis Elimination Advisory Committee Advisory Committee for the Control And Elimination of Tuberculosis, San Francisco Department of Public Health Managed Care Clinical Implementation Committee, San Francisco Department of Public Health Tuberculosis Control Task Force, San Francisco Department of Public Health San Francisco General Hospital Blood Borne Pathogen Committee

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 35 of 37 Page ID #:434

1/93-7/93

Medical Staff Bylaws Committee, San Francisco Department of Public Health

ACADEMIC APPOINTMENT

1980-2015

Assistant Clinical Professor

University of California, San Francisco

PROFESSIONAL AFFILIATIONS Society of Correctional Physicians, Member of President’s Council, Past-Treasurer and Secretary American Correctional Health Services Association, Past-President of California Chapter American Public Health Association, Jails and Prison’s Subcommittee Academy of Correctional Health Professionals

PROFESSIONAL PRESENTATIONS
Caring for the Inmate Health Population: A Public Health Imperative, Correctional Health
Care Leadership Institutes, July 2015
Correctional Medicine and Community Health, Society of Correctional Physicians Annual
Meeting, October, 2014
Identifying Pulmonary TB in Jails: A Roundtable Discussion, National Commission on
Correctional Health Care Annual Conference, October 31, 2006
A Community Health Approach to Correctional Health Care, Society of Correctional
Physicians, October 29, 2006 Prisoners the Unwanted and Underserved Population, Why Public Health Should Be in Jail, San Francisco General Hospital Medical Center, Medical Grand Rounds, 10/12/04
TB in Jail: A Contact Investigation Course, Legal and Administrative Responsibilities, Francis J. Curry National Tuberculosis Center, 10/7/04
Public Health and Correctional Medicine, American Public Health Association Annual Conference, 11/19/2003
Hepatitis in Corrections, CA/NV Chapter, American Correctional Health Services Association Annual Meeting, 1/17/02
Correctional Medicine, San Francisco General Hospital Medical Center, Medical Grand Rounds, 12/16/02
SuperMax Prisons, American Public Health Association Annual Conference, 11/8/01
Chronic Care Programs in Corrections, CA/NV Chapter, American Correctional Health Services Association Annual Meeting, 9/19/02
Tuberculosis in Corrections - Continuity of Care, California Tuberculosis Controllers Association Spring Conference, 5/12/98
HIV Care Incarcerated in Incarcerated Populations, UCSF Clinical Care of the AIDS Patient Conference, 12/5/97
Tuberculosis in Correctional Facilities, Pennsylvania AIDS Education and Training Center, 3/25/93

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 36 of 37 Page ID #:435
Tuberculosis Control in Jails, AIDS and Prison Conference, 10/15/93 The Interface of Public Health and Correctional Health Care, American Public Health Association Annual Meeting, 10/26/93 HIV Education for Correctional Health Care Workers, American Public Health Association Annual Meeting, 10/26/93
PUBLICATIONS Structure and Administration of a Jail Medical Program. Correctional Health Care: Practice, Administration, and Law. Kingston, NJ: Civic Research Institute. 2017. Structure and Administration of a Jail Medical Program – Part II. Correctional Health Care Report. Volume 16, No. 2, January-February 2015. Structure and Administration of a Jail Medical Program – Part I. Correctional Health Care Report. Volume 16, No. 1, November-December 2014.
Pain Behind Bars: The Epidemiology of Pain in Older Jail Inmates in a County Jail. Journal of Palliative Medicine. 09/2014; DOI: 10.1089/jpm.2014.0160 Older jail inmates and community acute care use. Am J Public Health. 2014 Sep; 104(9):1728-33.
Correctional Health Care Must be Recognized as an Integral Part of the Public Health
Sector, Sexually Transmitted Diseases, February Supplement 2009, Vol. 36, No. 2,
p.S3–S4
Use of sentinel surveillance and geographic information systems to monitor trends in HIV prevalence, incidence, and related risk behavior among women undergoing syphilis screening in a jail setting. Journal of Urban Health 10/2008; 86(1):79-92.
Discharge Planning and Continuity of Health Care: Findings From the San Francisco County Jail, American Journal of Public Health, 98:2182–2184, 2008 Public Health Behind Bars, Deputy Editor, Springer, 2007 Diabetes Care in the San Francisco County Jail, American Journal of Public Health, 96:1571-73, 2006 Clinical Practice in Correctional Medicine, 2nd Edition, Associate Editor, Mosby, 2006. Tuberculosis in the Correctional Facility, Mark Lobato, MD and Joe Goldenson, MD, Clinical Practice in Correctional Medicine, 2nd Edition, Mosby, 2006. Incidence of TB in inmates with latent TB infection: 5-year follow-up. American Journal of Preventive Medicine. 11/2005; 29(4):295-301.
Cancer Screening Among Jail Inmates: Frequency, Knowledge, and Willingness
Am J Public Health. 2005 October; 95(10): 1781–1787
Improving tuberculosis therapy completion after jail: translation of research to practice. Health Education Research. 05/2005; 20(2):163-74. Incidence of TB in Inmates with Latent TB Infection, 5-Year Follow-up, American Journal of Preventive Medicine, 29(4), 2005 Prevention and Control of Infections with Hepatitis Viruses in Correctional Settings, Morbidity and Mortality Reports, (External Consultant to Centers for Disease Control),Vol. 52/No. RR-1 January 24, 2003 Randomized Controlled Trial of Interventions to Improve Follow-up for Latent

Case 2:20-cv-03760-RGK-PLA Document 6-5 Filed 04/24/20 Page 37 of 37 Page ID #:436
Tuberculosis Infection After Release from Jail, Archives of Internal Medicine, 162:10441050, 2002 Jail Inmates and HIV care: provision of antiretroviral therapy and Pneumocystis carinii pneumonia prophylaxis, International Journal of STD & AIDS; 12: 380-385, 2001 Tuberculosis Prevalence in an urban jail: 1994 and 1998, International Journal of Tuberculosis Lung Disease, 5(5):400-404, 2001 Screening for Tuberculosis in Jail and Clinic Follow-up after Release, American Journal of Public Health, 88(2):223-226, 1998 A Clinical Trial of a Financial Incentive to Go to the Tuberculosis Clinic for Isoniazid after Release from Jail, International Journal of Tuberculosis Lung Disease, 2(6):506512,1998
AWARDS Armond Start Award of Excellence, Society of Correctional Physicians, 2014 Award of Honor, San Francisco Board of Supervisors, 2014 Award of Honor, San Francisco Health Commission, 2014 Certificate of Appreciation, San Francisco Public Defender’s Office, 2014 Certificate for Excellence in Teaching, California Department of Health Services, 2002 Employee Recognition Award, San Francisco Health Commission, July 2000 Public Managerial Excellence Award, Certificate of Merit, San Francisco, 1997
LICENSURE AND CERTIFICATION Medical Board of California, Certificate #A32488 Fellow, Society of Correctional Physicians Board Certified in Family Practice, 1979-1986 (Currently Board Eligible)

Case 2:20-cv-03760-RGK-PLA Document 6-6 Filed 04/24/20 Page 1 of 4 Page ID #:437

1

2

3

4

5

6

7

8

9

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

10

11 Cullors, et al., individually and as 12 class representatives

13

Plaintiffs,

Case No. 20-cv-3760 [PROPOSED] ORDER GRANTING CLASS CERTIFICATION

14 vs.

15

16

COUNTY OF LOS ANGELES, LOS ANGELES SHERIFF’S

17 DEPARTMENT, SHERIFF ALEX

18 M VILLANUEVA, in his official 19 capacity, et al,

20

Defendants.

21

22

Plaintiffs’ Motion for Class Certification having come before this Court, and

23 after review of the documents submitted and hearing oral argument on the matter,

24 for good cause having been shown, it is hereby ruled:

25

Plaintiffs’ Motion for Class Certification is provisionally GRANTED. The

26 Court provisionally certifies the following classes, each of which satisfy the
27 requirements of Rule 23: 28

1

Case 2:20-cv-03760-RGK-PLA Document 6-6 Filed 04/24/20 Page 2 of 4 Page ID #:438

1 Rule 23(b)(2) Equitable Relief Classes

2 1. Pretrial Equitable Relief Class: All current and future pretrial detainees 3 incarcerated in any LACJ jail facility from the present until the COVID-19 4 pandemic has ended with development of a vaccine available to all inmates. 5 6 2. Post-Conviction Equitable Relief Class: All current and future post7 conviction prisoners incarcerated in any LACJ jail facility from the present 8 until the COVID-19 pandemic has ended with development of a vaccine 9 available to all inmates.
10 Rule 23(b)(2) Medically Vulnerable Equitable Relief Subclasses

11

1. Pretrial Medically Vulnerable Subclass: All current and future

12

pretrial detainees held in all County jails over the age of fifty-five, as

13

well as all current and future [pretrial detainees/post-conviction

14

prisoners] held in all County jails of any age who experience (a) lung

15

disease, including asthma, chronic obstructive pulmonary disease

16

(e.g. bronchitis or emphysema), or other chronic conditions

17

associated with impaired lung function; (b) heart disease, such as

18

congenital heart disease, congestive heart failure or coronary artery

19

disease; (c) chronic liver or kidney disease (including hepatitis and

20

dialysis patients); (d) diabetes or other endocrine disorders; (e)

21

epilepsy; (f) hypertension; (g) compromised immune systems (such

22

as from cancer, HIV, receipt of an organ or bone marrow transplant,

23

as a side effect of medication, or other autoimmune disease); (h)

24

blood disorders (including sickle cell disease); (i) inherited metabolic

25

disorders; (j) history of stroke; (k) a developmental disability; (l) a

26

current or recent (within the last two weeks) pregnancy; (m) severe

27

obesity; and/or (n) any other condition identified either now or in the

28

2

Case 2:20-cv-03760-RGK-PLA Document 6-6 Filed 04/24/20 Page 3 of 4 Page ID #:439

1

future as being a particular risk for severe illness and/or death caused

2

by COVID-19.

3

2. Post-Conviction Medically Vulnerable Subclass: All current and

4

future post-conviction prisoners held in all County jails over the age

5

of fifty-five, as well as all current and future [pretrial detainees/post-

6

conviction prisoners] held in all County jails of any age who

7

experience (a) lung disease, including asthma, chronic obstructive

8

pulmonary disease (e.g. bronchitis or emphysema), or other chronic

9

conditions associated with impaired lung function; (b) heart disease,

10

such as congenital heart disease, congestive heart failure or coronary

11

artery disease; (c) chronic liver or kidney disease (including hepatitis

12

and dialysis patients); (d) diabetes or other endocrine disorders; (e)

13

epilepsy; (f) hypertension; (g) compromised immune systems (such

14

as from cancer, HIV, receipt of an organ or bone marrow transplant,

15

as a side effect of medication, or other autoimmune disease); (h)

16

blood disorders (including sickle cell disease); (i) inherited metabolic

17

disorders; (j) history of stroke; (k) a developmental disability; (l) a

18

current or recent (within the last two weeks) pregnancy; (m) severe

19

obesity; and/or (n) any other condition identified either now or in the

20

future as being a particular risk for severe illness and/or death caused

21

by COVID-19.

22

23

Plaintiffs’ counsel of record shall be provisionally appointed as class

24 counsel: Dan Stormer, Tanya Sukhija-Cohen, Theresa Zhen and Shaleen Shanbhag
25 26 of Hadsell, Stormer, Renick & Dai, LLP; Barrett Litt and Lindsay Battles of Kaye,

27 McLane, Bednarski & Litt, LLP; Katherine Hubbard and Alec Karakatsanis of

28 Civil Rights Corps; Eric Balaban and Andrea Woods of the American Civil

3

Case 2:20-cv-03760-RGK-PLA Document 6-6 Filed 04/24/20 Page 4 of 4 Page ID #:440

1 Liberties Union; Peter Eliasberg of the American Civil Liberties Union of Southern

2 California; and Catherine Sweetser, Alicia Virani and Aaron Littman of the UCLA

3 School of Law Clinics shall be appointed as counsel for the Class.

4

The full hearing on Plaintiffs’ motion for class certification shall be heard

5 and considered at the same time as the hearing on Plaintiffs’ motion for a

6 preliminary injunction. This Order shall remain in effect until a final ruling on 7 Plaintiffs’ motion. 8

9 Dated this ____ day of April 2020. 10 11 12

_________________________
Hon. _____________________, United States District Judge

13

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24

25

26

27

28

4

 
 Case 2:20-cv-03760-RGK-PLA Document 28 Filed 04/27/20 Page 1 of 50 Page ID #:1190

1

ANDREW BAUM – SBN 190397 abaum@glaserweil.com

2 GLASER WEIL FINK JACOBS

3

HOWARD AVCHEN & SHAPIRO LLP 10250 Constellation Boulevard, 19th Floor

4 Los Angeles, California 90067

5

Telephone: (310) 553-3000 Facsimile: (310) 556-2920

6

7

PAUL B. BEACH, SBN 166265 pbeach@lbaclaw.com

8 JUSTIN W. CLARK, SBN 235477

9 jclark@lbaclaw.com LAWRENCE BEACH ALLEN & CHOI, PC

10 100 West Broadway, Suite 1200

11 Glendale, California 91210-1219 Telephone: (818) 545-1925

12 Facsimile: (818) 545-1937

13

Attorneys for Defendants (Additional Counsel Listed On Following Page)

14

15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION
17

18 RODNEY CULLORS, et al.,

19

Plaintiffs,

20 vs.

21 COUNTY OF LOS ANGELES, et al;

22

Defendants.

23

24

25

26

27

28

CASE NO.: 2:20-cv- 03760-RGKPLA
Hon. Gary Klausner
DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER
[Declarations of Chief Brendan J. Corbett, Commander Daniel J. Dyer, Assistant Sheriff Bruce Chase, Mark Allen, and Jackie Clark, R.N. attached hereto and filed concurrently herewith]

815103

DEFENDANTS’ OPPOSITION TO EX PARTE APPLICATION FOR TRO

Case 2:20-cv-03760-RGK-PLA Document 28 Filed 04/27/20 Page 2 of 50 Page ID #:1191

1 Additional Counsel for Defendants:

2

3

OFFICE OF THE COUNTY COUNSEL MARY C. WICKHAM, County Counsel – SBN 145664

4 TIMOTHY J. KRAL, Principal Deputy County Counsel – SBN

5

200919 - tkral@lasd.org MELODIE K. LARSEN, Senior Deputy County Counsel - SBN

6 110819 - mlarsen@counsel.lacounty.gov

7

211 West Temple Street, 8th Floor Los Angeles California 90012

8 Telephone: (213) 229-3097

9

10

KAREN JOYNT, SBN 206332 joyntlaw@gmail.com

11 LAW OFFICES OF KAREN JOYNT

12 225 South Lake Avenue, Suite 300 Pasadena, California 91101
13 Telephone: (213) 277-7072

14

15

16

17

18

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815103

DEFENDANTS’ OPPOSITION TO EX PARTE APPLICATION FOR TRO

Case 2:20-cv-03760-RGK-PLA Document 28 Filed 04/27/20 Page 3 of 50 Page ID #:1192

1

2 I.

3

II. III.

4

5

6

7

8

9

10 IV.
11

12

13

14

15

16
17 V.

18 VI.
19

TABLE OF CONTENTS
INTRODUCTION ........................................................................................... 2 SUMMARY OF ARGUMENT ...................................................................... 5 STATEMENT OF THE FACTS..................................................................... 6 A. The Plaintiffs ......................................................................................... 7 B. Release Of Thousands Of Inmates From Los Angeles County Jails.... 8 C. Screening Practices To Segregate New Arrestees Who May Have
Been Exposed To COVID-19 ............................................................... 9 D. Measures To Limit The Spread Of COVID-19 Among The Inmate
Population ........................................................................................... 10 E. Practices To Prevent Infection Of Jail Employees ............................. 11 F. Minimal Infection Rates Of COVID-19 At Los Angeles County
Jails...................................................................................................... 12 PLAINTIFFS HAVE NOT DEMONSTRATED THAT THEY ARE LIKELY TO PREVAIL ON THE MERITS ................................................. 12 A. Plaintiffs Have Not Exhausted Their Administrative Remedies As
Required By the Prison Litigation Reform Act, 42 U.S.C. §1997e(a)............................................................................................. 13 B. Plaintiffs Have Not Exhausted Their Administrative Remedies As Required By the Prison Litigation Reform Act, 42 U.S.C. §1997e(a)............................................................................................. 16 C. Plaintiffs Have Not Demonstrated Defendants’ Deliberate Indifference To The Impact Of COVID-19 On Jail Conditions......... 18 D. Plaintiffs Have Not Met The Other Requirements For A TRO.......... 34 PLAINTIFFS ARE NOT ENTITLED TO THE REQUESTED PRISONER RELEASES ............................................................................... 40 CONCLUSION ............................................................................................. 43

20

21

22

23

24

25

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28
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Case 2:20-cv-03760-RGK-PLA Document 28 Filed 04/27/20 Page 4 of 50 Page ID #:1193

1

TABLE OF AUTHORITIES

2

3

FEDERAL CASES

4
3570 East Foothill Blvd., Inc. v. City of Pasadena, 5 912 F.Supp. 1257 (C.D. Ca. 1995) .......................................................................... 18

6 Azul-Pacifico, Inc. v. City of Los Angeles, 973 F.2d 704 (9th Cir. 1992) ................................................................................... 20
7
Baca v. Moreno Valley Unified School District, 936 F.Supp. 719 (C.D.Ca. 8 1996) ........................................................................................................................ 17

9 Banks v. Booth, 2020 WL 1914896 (D.D.C. Apr. 19, 2020) ............................................................. 27
10
Beaty v. Brewer, 11 649 F.3d 1071 (9th Cir. 2011) ................................................................................. 17

12 Be4ll4v1. UW.oSl.fi5s2h0, (1979)................................................................................................. 24
13
Big Sky Scientific LLC v. Idaho State Police, 14 2019 WL 438336 (D.Idaho Feb. 2, 2019)................................................................ 18

15 Booth v. Churner, 532 U.S. 731 (2001) ................................................................................................. 19
16
Bronco Wine Co. v U.S. Dept. of Treasury, 17 997 F.Supp. 1309 (E.D.Ca. 1996)............................................................................ 18

18 Cameron v. Bouchard, 2:20-cv-10949 (E.D. Mich.)........................................................................... 9, 27, 44
19
Carden v. State of Montana, 20 626 F.2d 82 (9th Cir. 1980) ..................................................................................... 23

21 Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir. 2016) ........................................................................... 24, 29

22

23

Coleman v. Newsom, 2020 WL 1675775 (E.D. Cal. Apr. 4, 2020) ..................................................... 30, 32

24 Dominguez v. Kernan, 906 F.3d 1127 (9th Cir. 2018) ................................................................................. 23
25
Farmer v. Brennan, 26 511 U.S. 825 (1994) ..................................................................................... 29, 30, 31

27 Ford v. Ramirez-Palmer, 301 F.3d 1043 (9th Cir. 2002) ................................................................................. 29
28

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DEFENDANTS’ OPPOSITION TO EX PARTE APPLICATION FOR TRO

Case 2:20-cv-03760-RGK-PLA Document 28 Filed 04/27/20 Page 5 of 50 Page ID #:1194

Garcia v. Google, 1 786 F.3d 733 (9th Cir. 2015) ................................................................................... 39

2 Go8r8d8onF.v3.dC1o1u1n8ty(9otfhOCriarn. g2e0,18) ................................................................................. 24
3
Gordon v. Cty. of Orange, 4 888 F.3d 1118 (9th Cir. 2018) ................................................................................. 25

5 Gray v. Cty. of Riverside, 5:13-cv-0444-VAP-OPx (C.D. Cal. Apr. 14, 2020) ................................................ 27
6
Gray v. Superior Court, 7 125 Cal.App.4th 629 (2005) .................................................................................... 47

8 Habibi v. Barr, 2020 WL 1864642 (S.D. Cal. Apr. 14, 2020).................................................... 25, 43
9
Hayward v. Marshall, 10 603 F.3d 546 (9th Cir. 2010) ................................................................................... 22

11 He5l0li9ngUv.S. M. 2c5K, i3n5ne(1y9, 93)............................................................................................. 30
12
13 Hi9n1e4s vF..3Ydou1s2e1ff9, (9th Cir. 2019) ........................................................................... 30, 31

14 In Defense of Animals v. U.S. Dept. of Interior, 737 F.Supp.2d 1125 (E.D.Ca. 2010)........................................................................ 18
15
J.E.L. v. San Francisco Unified School District, 16 185 F.Supp.3d 1196 (N.D.Ca. 2016) ....................................................................... 21

17 Johnson v. Breeden, 280 F.3d 1308 (11th Cir. 2002) ............................................................................... 45
18
Klein v. City of Laguna Beach, 19 594 F.Supp.2d 1020 (C.D.Ca. 2009) ....................................................................... 18

20 Knudsen Corp. v. Ever-Fresh Foods, Inc., 336 F.Supp. 241 (C.D.Ca. 1971) ............................................................................. 18
21
22 Lo8c8k7heFe.dSuMpips.si1le32&0 S(Npa.Dce.CCao. .1, 9In9c5.)v.....H...u..g..h..e..s..A...i.r.c..r..a..f.t..C...o....,...................................... 17

23 M.9H0. Fv..SCuopupn.3tydo8f8A9l(aNm.eDd.aC,a. 2013) ........................................................................... 38
24
M.S. v. County of Ventura, 25 2016 WL 11506613 (C.D.Ca. Oct. 24, 2016).......................................................... 38

26 Maiden v. LA County Sheriff’s Dept. Men’s Central Jail, 334 Fed.Appx. 76 (9th Cir. 2009)............................................................................ 19
27
Martin v. California Department of Veteran Affairs, 28 560 F.3d 1042 (9th Cir. 2009) ................................................................................. 38

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Case 2:20-cv-03760-RGK-PLA Document 28 Filed 04/27/20 Page 6 of 50 Page ID #:1195

Matapuatuli v. Sessions, 1 714 Fed.Appx. 730 (9th Cir. 2018).......................................................................... 19

2 Mi8s8si3onF.PSouwppe.r4E8n8g(iCne.Der.iCnag. C19o9. 5v.) C...o..n..t.i.n..e..n..t.a..l..C...a..s....C...o....,........................................... 29
3
Missouri v. Jenkins, 4 495 U.S. 33 (1990) ................................................................................................... 28

5 Money v. Pritzker, 2020 WL 1820660 (N.D. Ill. Apr. 10, 2020) ............................................... 28, 32, 43
6
Nettles v. Grounds, 7 830 F.3d 992 (9th Cir. 2016) ................................................................................... 21

8 Norwood v. Vance, 591 F.3d 1062 (9th Cir. 2010). .................................................................... 29, 32, 33
9
O’Guinn v. Lovelock Correctional Center, 10 502 F.3d 1056 (9th Cir. 2007) ................................................................................. 20

11 Naettioanl.a,lCAassseoNcioa.tiSo2n6o1f8C2r7i.m...i.n..a..l..D...e..f.e..n..s.e...L..a..w...y..e.r..s..,..e.t...a..l....v....G...a..v..i.n...N...e..w..s..o..m...,.............. 7
12
13 Oh2i0o1C4aWsuLal1ty25In6s9.3C5o(.Cv..DL..CHa.. EAnpgriinl e2e4r,in2g01C4o)..,..I.n..c....,................................................. 18

14 Pedersen v. Superior Court, 149 Cal. 389 (1906) ................................................................................................. 37
15
Petersen v. Diaz, 16 2020 WL 4740538 (E.D. Ca. 2020) ......................................................................... 21

17 Phea v. Pfeiffer, 2020 WL 1892427 (E.D.Ca. 2020) .................................................................... 21, 47
18
Plata v. Newsom 19 2020 WL 1908776 (E.D. Cal. Apr. 17, 2020) ................................................... 30, 42

20 Porter v. Nussle, 534 U.S. 516 (2002) ................................................................................................. 19
21
22 Pr4e1is1erUv..SR. 4o7d5rig(1u9e7z,3)................................................................................................. 40

23 Ro2m0a2n0 vW. WL o1l9f,52656 (C.D. Cal. Apr. 23, 2020) ......................................................... 27
24
Rutherford v. Block ...................................................................................................... 35
25
Sato v. U.S.Bank, 26 2014 WL 12571041 (C.D.Ca. Jan. 21, 2014) .......................................................... 39

27 Shorter v. Baca, 895 F.3d 1176 (9th Cir. 2018), ................................................................................ 33
28

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Stow v. Murashige, 1 389 F.3d 880 (9th Cir. 2004) ................................................................................... 22

2 Sw2a0i2n0v.WJuLn1io6r9,2668 (S.D. Fla. Apr. 7, 2020) ............................................................ 27
3
United States v. Boone, 4 2020 WL 1865202 (E.D.Ca. April 14, 2020) .......................................................... 46

5 United States v. McCurin, 2020 WL 1700030 (E.D.Ca. April 8, 2020) ............................................................ 46
6
United States v. Ryan, 7 2020 WL 1861662 (C.D.Ca. April 14, 2020), ......................................................... 46

8 Valentine v. Collier, 2020 WL 1934431 (5th Cir. Apr. 2020). ............................... 9, 19, 26, 27, 31, 39, 40
9
White v. Lambert, 10 370 F.3d 1002 (9th Cir. 2004) ................................................................................. 22

11 Wi2lk02v0. NWeLve1n9, 49281 (9th Cir. Apr. 23, 2020) ............................................................ 30
12
13 Wi8lk5i9nsF-.JSounpeps.2vd. C1it0y3o9f(ANl.aDm.Cedaa. ,2012) ...................................................................... 37

14 Williams v. Los Angeles Superior Court, 2014 WL 2533804 (C.D.Ca. June 4, 2014) ............................................................. 23
15
Wolf v. Beauclair, 16 2015 WL 5768386 (D.Idaho Sept. 30, 2015) .......................................................... 45

17 Woodford v. Ngo, 548 U.S. 81, 94 (2006) ............................................................................................. 40
18

19

STATUTES

20
18 U.S.C. §1326........................................................................................................... 19
21
28 U.S.C. §2241..................................................................................................... 21, 22
22
42 U.S.C. §1983............................................................................................... 19, 20, 21
23
42 U.S.C. §1997..................................................................................................... 19, 21
24
U.S.C. §1883................................................................................................................ 19
25

26

27

28
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Case 2:20-cv-03760-RGK-PLA Document 28 Filed 04/27/20 Page 8 of 50 Page ID #:1197

1 I. INTRODUCTION

2

It has just come to Defendants’ attention that on April 24, 2020 ─ the same date

3 that this action and Plaintiffs’ ex parte application was filed ─ an emergency petition

4 for writ of mandate was filed with the California Supreme Court covering much of the

5 same ground as does the present case. Among the plaintiffs in the Supreme Court

6 proceeding, National Association of Criminal Defense Lawyers, et al. v. Gavin

7 Newsom, et al., Case No. S261827 (“the Supreme Court Proceeding”), is the Youth

8 Justice Coalition, which is also a named plaintiff in this case. The ACLU, attorneys

9 for Plaintiffs in this case, are also plaintiffs for the petitioners in the Supreme Court

10 Proceeding. None of this was disclosed in the papers filed by Plaintiffs with this

11 Court.

12

The Supreme Court Proceeding requests a peremptory writ of mandate in the

13 first instance, to be issued no later than May 4, 2020, directing the release “of people

14 incarcerated and detained in California’s county jails and juvenile facilities by

15 releasing sufficient persons to ensure that all remaining person are held under

16 conditions consistent with CDC and public health guidance to prevent the spread of

17 COVID-19, including appropriate social distancing.” Petition ¶80. The petition

18 specifically mentions the conditions in Los Angeles County, noting that it “is

19 cooperating” in reducing its jail population but asserts that there are “unacceptable

20 implementation delays.” Petition ¶40.

21

The California Supreme Court has already taken action in the case pending

before it. It has requested an informal response to the petition on or before 5:00 p.m.
22

tomorrow, April 28, 2020. Petitioners may then serve and file a reply to the informal
23

response on or before noon on Thursday, April 30, 2020. No requests for extension
24

of time are contemplated or will be granted.
25

In view of these developments, Plaintiffs in the present case respectfully
26

request that this Court deny Plaintiffs’ application for a TRO until the California

27

Supreme Court has acted on the matter before it or, in the alternative, set the matter

28

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Case 2:20-cv-03760-RGK-PLA Document 28 Filed 04/27/20 Page 9 of 50 Page ID #:1198

1 for a noticed hearing and provide Defendants with additional time to provide more a

2 more substantive response.

3

This is necessary not merely because of the Supreme Court Proceeding (which

4 Plaintiffs herein did not disclose either to Defendants or to the Court) but also because

5 of the nature of the TRO itself. For the reasons set forth in Defendants’ application

6 for an extension and briefing schedule, filed with the Court over the weekend,

7 Defendants request additional time to respond to Plaintiffs’ Ex Parte Application for

8 Temporary Restraining Order (the “TRO”). That filing, as the Court is by now well

9 aware, massive. It raises myriad claims, makes numerous legal and factual

10 arguments, consists of dozens of documents and totals hundreds of pages ─ and was

11 served on Defendants late on Friday, April 24, 2020. When Defendants asked

12 Plaintiffs for a reasonable extension of time in which to respond, Plaintiffs refused,

13 citing the “urgency” of the situation. Yet as Plaintiffs’ papers reveal, and Defendants’

14 extension request details, Plaintiffs have been working on their papers for weeks,

15 undermining the notion of an urgency so great that even the smallest pause would be

16 irreparable.

17

Plaintiffs’ Opposition to Defendants’ Ex Parte Application for an Order Setting

18 a Briefing Schedule (Dkt. 26) asserts that Defendants had nine days since Plaintiffs

19 sent the pre-litigation letter. While the pre-litigation letter provides some authority

20 and factual basis that is contained in Plaintiffs’ Complaint and TRO application, the

21 nine-page letter is utterly dwarfed by the 42-page TRO and more than 450 pages of

22 declarations and evidence.

23

Moreover, Plaintiffs’ pre-litigation letter is dated April 16, 2020. To put that in

24 perspective, five Plaintiffs had already signed their declarations. These declarations

25 were, of course, not provided to Defendants until Friday, April 24, 2020, when the

26 TRO was filed. As a result, Plaintiffs’ gamesmanship prevented Defendants from

27 assessing the specific, individualized assertions made by Plaintiffs until the TRO was

28 filed.

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1

Moreover, Defendants have not had adequate time to review and respond to all

2 of the matters in Plaintiffs’ TRO, which is essential because Plaintiffs have failed to

3 identify subsequent orders that affect the cases that they rely upon.1 Plaintiffs cite to

4 Cameron v. Bouchard, Docket No. 2:20-cv-10949 (E.D. Mich.) regarding the

5 issuance of a TRO. Briefing Schedule Opp., Dkt. 26 at 5:10-13. However, Plaintiffs

6 omit that this order was modified on rehearing, and part of the plaintiffs’ TRO was

7 subsequently denied. Cameron v. Bouchard, No. 20-10949, 2020 WL 1952836 (E.D.

8 Mich. Apr. 23, 2020). Plaintiffs also failed to cite a Fifth Circuit decision staying one

9 of the orders discussed in Plaintiffs’ TRO because the Fifth Circuit determined that

10 the government was likely to prevail on the merits. Valentine v. Collier, 2020 WL

11 1934431 (5th Cir. Apr. 22, 2020).

12

Plaintiffs also cite to a number of cases to show that courts have issued similar

13 relief with a much shorter briefing schedule. However, there is no indication that

14 these plaintiffs engaged in the same tactics as plaintiffs—Plaintiffs gathering

15 declarations nearly two weeks before filing the TRO, omitting pertinent subsequent

16 history on cases cited, and submitting nearly 500 pages of documents (in addition to

17 their Complaint) in support of the TRO.2 Due to the numerous fundamental issues at

18 stake, Defendants deserve an opportunity to fully and fairly respond to Plaintiffs’

19 inaccurate portrayal of the jails.

20

Absent that additional time, Defendants wish to make it clear that while these

21 papers have not addressed and every argument and assertion made by Plaintiffs in

22

23 1 Defendants are not accusing Plaintiffs or their counsel of any malfeasance. On the

24

contrary, these issues illustrate why the adversary process is fundamental, particularly when the parties must hastily brief such an important request.

25 2 See, e.g. Swain v. Junior, Dkt. 1:20-cv-21457, 2020 WL 1692668 (S.D. Fla. Apr. 7, 2020) (no indication that any of the aforementioned issues were present); Savino v.
26 Hodgson, No. 20-cv-10617, Dkt. 161 (D. Mass.) (TRO filing totals only 196 pages, not over 400, and no indication that other issues were present); Williams v. Federal
27 Bureau of Prisons, 1:20-cv-00890, Dkt. 5 (D. D.C. Apr. 2, 2020) (TRO memorandum and declarations total 61 pages); Costa v. Bazron, 1:19-cv-03185, Dkt. 39 (D. D.C.
28 Apr. 18, 2020) (TRO application and declarations total 104 pages).

4

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1 their voluminous filing, Defendants’ failure to do so is not a concession of the merit

2 of any of Plaintiffs’ positions but merely a reflection of the extraordinarily limited

3 time which they were given to prepare a response.

4 II. SUMMARY OF ARGUMENT

5

It is particularly essential that Defendants have an adequate opportunity to

6 provide the response necessary for the Court to make an informed decision on

7 Plaintiffs’ application because despite the undoubted importance of the issues raised,

8 Plaintiffs are simply not entitled to the sweeping relief they request. The application

9 is procedurally defective and substantively without merit. For example, before

10 Plaintiffs can bring a challenge in this Court to the jail conditions they complain of,

11 they are required to exhaust their administrative or state court remedies, neither of

12 which they have done. Thus, Plaintiffs will not even be able to survive a motion to

13 dismiss under Fed.R.Civ.P. 12(b)(6), let alone demonstrate the likelihood of success

14 on the merits required for a TRO.

15

Even assuming arguendo that Plaintiffs could somehow surmount the

16 procedural bars to these claims, which Defendants vigorously dispute, they are not

17 entitled to the relief they seek. Their constitutional challenge to the jail conditions
18 requires a showing, inter alia, that Defendants are guilty of “deliberate indifference”
19 to the risks of COVID-19 within the jail setting. Defendants are not. As set forth in
20 the accompanying declarations, in response to the COVID-19 crisis, Defendants have
21 already reduced the jail population by 30% since February 28, 2020 to reduce 22 overcrowding and improve physical distancing, quarantine, and isolation. They have 23 implemented widely accepted best practices such as increased disinfecting, masks for 24 both staff and inmates, and physical distancing. They have implemented rigorous
screening and testing procedures, reduced transfers and intakes, provided information
25
to both inmates and staff on measures to reduce the spread of infection, and limited
26
visitation and group activities by the inmates.
27
These measures are working. As of the morning of April 26, 2020, there was
28

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1 not a single COVID-19 inmate death at the jail, 41 patients with positive tests, and 27

2 who were previously positive but who have recovered in the jails. Declaration of

3 Jackie Clark, R.N. (“Clark Dec.”), ¶9. The additional relief Plaintiffs request, such as

4 cohorting new inmates by day, each for 14 days, is infeasible and/or outright

5 dangerous to both staff and inmates, since appropriate classification on the basis of

6 factors such as gang affiliation and not the day of intake, is essential.

7

Plaintiffs’ most extreme request ─ for mass, unconditional, and unsupervised

8 release of inmates with preexisting medical conditions ─ has no basis in law, the

9 facts, or common sense. The inmates remaining in the jails (including the named

10 plaintiffs) are largely violent offenders who represent a serious public safety risk, and

11 who will almost surely have no outside medical care for those high risk health

12 conditions and no housing (except that which Plaintiffs want Defendants to plan,

13 organize, and pay for). In addition to presenting a risk to the general public, Plaintiffs

14 themselves are at risk of infection from the general population where the infection

15 and death rates are far higher than in the jails.

16

The law does not require Defendants to make the jails into a COVID-free zone,

17 though that is their goal. The law only requires Defendants to take reasonable

18 measures to protect the inmates’ health, and that is precisely what they have done and

19 are continuing to do. Plaintiffs are not entitled to the relief they seek. The TRO

20 should be denied.3

21 III. STATEMENT OF THE FACTS

22

Plaintiffs grossly mischaracterize the facts, especially but not limited to their

23 total failure to mention the numerous procedures and practices implemented by the

24 Los Angeles County Sheriff’s Department (“LASD”) to protect the inmates in Los

25

26 3Defendants recognize that these opposing points and authorities exceed even the 40+ page points and authorities filed by Plaintiffs. Unfortunately, it takes more space to
27 explain why arguments have no merit than it does to make the meritless arguments in the first place, especially when Plaintiffs have had weeks to prepare their papers and
28 Defendants had a single weekend.

6

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1 Angeles County jails from being infected by COVID-19. LASD has taken extreme

2 measures in the last few months to combat the spread of this virus among the new

3 arrestees, jail staff and inmates throughout their jail facilities. In fact, LASD was at

4 the forefront of preparing and instituting targeted measures to protect the inmate

5 population from COVID-19 – beginning on February 10, 2020 – even before the first

6 known case of community transmission was recorded in Los Angeles County. Clark

7 Dec., ¶ 4.

8

The true facts are as follows:

9

A. The Plaintiffs

10

Like the majority of the inmates remaining in Los Angeles County Jail, most of

11 the Plaintiffs are charged with or convicted of serious, violent felonies, and by their

12 bail setting, have been deemed a substantial threat to public safety. For example,

13 Plaintiff Rodney Cullors is charged with multiple felony counts, including assault

14 with a deadly weapon with great bodily injury, for which he was denied bail. Allen

15 Dec. ¶ 5. Plaintiff Mark Avila is charged with felony conspiracy as part of Federal

16 Task Force investigation dealing with assault, extortion, distribution of narcotics and

17 gang conspiracy, and has a high bail of $1,425,000.00. Id. Plaintiff Victor Gutierrez

18 is charged with felony domestic violence. Plaintiff Carole Dunham was convicted

19 and sentenced to 1095 days for possession of cocaine base for sale. Id. Plaintiff 20 Rany Oung is convicted of felony burglary, and has a no bail hold from San

21 Bernadino County for grand theft. Id. Plaintiff Leandrew Lewis is charged with 22 felony kidnapping and Plaintiff Jeremiah Farmer with human

23 trafficking. Id. Plaintiff Deneal Young is a court ordered returnee serving a sentence

24 at Soledad State Prison. Id.

25

Similarly, the majority of putative class members providing declarations in

26 support of Plaintiff’s TRO are also in jail for violent crimes. Declarants Holly 27 Davidson, Albert Kirk Jones, and Benito Venegas are all charged with
28

7

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1 murder. Id. Declarants Catrina Balderrama and Andrew Fuentes have been 2 released. Id.

3

Plaintiffs misstate other facts. For example, Plaintiff Jeffrey Livotto alleges

4 “was taken to court for a probation hearing on or around March 26, 2020. He was

5 transported on Defendants’ bus along with dozens of other prisoners.” Complaint

6 ¶83. In fact, Mr. Livotto was not even transferred from LAPD custody until March

7 27, 2020, and when he was transported to and from Court for his hearing there were

8 only 2-3 prisoners with him. Declaration of Commander Daniel J. Dyer (“Dyer

9 Dec.”) ¶4.

10

Similarly, Plaintiff Rodney Cullors claims that in early April he was

11 “transported by Defendants to a medical facility for a MRI. There were three people

12 chained to the wheelchair van, all of whom were over the age of 50.” Complaint ¶ 85.

13 In fact, the custody wheelchair vans can only accommodate two wheelchairs at a

14 time; Cullors was transported to his medical appointment with only one other

15 wheelchair inmate in the car, and he was returned to jail in the van by himself. Dyer

16 Dec. ¶5.

17

18

B. Release Of Thousands Of Inmates From Los Angeles County Jails

19

LASD and Correctional Health Services (“CHS”), a division of Los Angeles

20 County Department of Health Services (“DHS”), knew that a critical measure in

21 preventing the spread of COVID-19 among the inmates was to promote social

22 distancing in the jail facilities. As a result, in early February 2020, LASD began 23 working with CHS, the Los Angeles County District Attorney, the Los Angeles 24 County Public Defender, as well as the Presiding Judge of the Los Angeles Superior 25 Court – the Honorable Kevin Brazile – to reduce the inmate population in Los 26 Angeles County jails. Clark Dec., ¶ 48; Declaration of Bruce Chase (“Chase Dec.”), 27 ¶ 7. As a result of the unprecedented steps taken by LASD to reduce the inmate 28 population in an expedient manner, almost 4,000 inmates have been released from the

8

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1 jail facilities since February 28, 2020 – the largest depopulation of any jail system in

2 the United States during the COVID-19 pandemic. Clark Dec., ¶ 48; Chase Dec., ¶8;

3 Declaration of Chief Brendan J. Corbett (“Corbett Dec.”) ¶ 2. The 30% reduction of

4 the inmate population in Los Angeles County jails has been conducted by LASD in a

5 careful and methodical manner to ensure both the safety of the released inmates and

6 community at large. Clark Dec., ¶¶ 48-50; Chase Dec., ¶ 8; Corbett Dec., ¶¶ 2-10.

7

LASD has prioritized, and continues to prioritize, those inmates eligible for

8 release based on any relevant medical vulnerabilities, and CHS has provided LASD

9 with a list identifying such high-risk inmates, which is continually updated to account

10 for recent arrestees and other new inmates. Clark Dec., ¶ 49. Fewer than 12,000

11 inmates are housed at LA County jail facilities now. Clark Dec., ¶ 2; Chase Dec., ¶ 8.

12 In addition, LASD significantly reduced the number of arrestees who would be

13 admitted to Los Angeles County jails by, among other things, increasing the

14 minimum bail amount by 100% – from $25,000 to more than $50,000 – and

15 temporarily refusing to accept people arrested on out-of-state warrants. Chase Dec., ¶

16 9; Corbett Dec., ¶¶ 11-12.

17

In short, LASD and CHS have made depopulating the jail facilities one of their

18 top priorities to combat the spread of COVID-19 in order to promote social distancing

19 among the inmates. The plaintiffs who submitted declarations in support of the TRO

20 have been determined to be unsuitable for release based on – in most cases – the

21 seriousness of their associated crimes (i.e., murder and assault with a deadly weapon).

22 See Allen Dec., ¶5.

23

C. Screening Practices To Segregate New Arrestees Who May Have

24

Been Exposed To COVID-19

25

LASD and CHS have also implemented robust screening practices to identify

26 and isolate arrestees potentially infected by COVID-19 during the booking process

27 before these individuals enter the jails. Clark Dec., ¶ 12. By way of example and not

28 limitation (Clark Dec., ¶¶ 12-20; Chase Dec., ¶¶ 11-14), on February 10, 2020, CHS

9

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1 modified the Arrestee Medical Screening Form to identify arrestees who are

2 potentially infected by asking whether they have COVID-19 symptoms – in addition

3 to the standard questions to detect individuals with infectious diseases. Clark Dec., ¶¶

4 13, 15; Chase Dec., ¶ 12. Tents have also been erected in the parking lots outside of

5 the Inmate Reception Center and the Century Regional Detention Facility where CHS

6 registered nurses conduct clinical assessments of arrestees for COVID-19 before

7 transporting them to a jail facility. Clark Dec., ¶ 14; Chase Dec., ¶¶ 11, 13.

8

In addition, LASD and CHS plan to begin testing all new arrestees (male and

9 female) for COVID-19 on or before May 1, 2020. Clark Dec., ¶ 20.

10

D. Measures To Limit The Spread Of COVID-19 Among The Inmate

11

Population

12

LASD and CHS have also implemented detailed procedures to isolate housed

13 inmates and staff with positive results for COVID-19 and Persons Under

14 Investigation for COVID-19 (“PUI’s”), as well as to quarantine those who have been

15 in contact with these individuals.4 Clark Dec., ¶¶ 10, 24-30; Chase Dec., ¶¶ 26-28.

16 CHS will make available testing to a large portion of inmates who have medical

17 conditions which make them susceptible to COVID-19, including those with serious

18 mental illnesses. Clark Dec., ¶ 34.

19

In addition, LASD continually informs inmates about COVID-19 prevention

20 techniques, through videos displayed at intake and in each housing unit,

21 demonstrative posters, and town hall meetings set up by CHS to educate inmates.5

22 Clark Dec., ¶ 21. During the COVID-19 crisis, all inmate group activities, non-

23 essential medical appointments, and access by non-essential visitors have been

24

25 4 Isolation is the placement of a PUI or one who has tested positive for COVID-19

26

into their own space and separating them from persons who are not ill. Clark Dec., ¶ 27; Chase Dec., ¶ 26. Quarantine is the procedure of separating and restricting the

27

movement of a person who has been exposed to a PUI, but who is not exhibiting any symptoms related to COVID-19. Clark Dec., ¶ 25; Chase Dec., ¶ 26.

28 5 Defendants will provide copies of these posters and videos upon the Court’s request.

10

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1 suspended to promote social distancing practices in the jail facilities. Clark Dec., ¶¶

2 23, 31. Custody staff initially provided inmates in with cloth face masks on April 14,

3 2020. Id. CHS also provides face masks to all inmates in quarantine and isolation.

4 Clark Dec., ¶¶ 26-27.

5

LASD has also taken extra steps to keep inmate and staff areas at the jail

6 facilities clean. Chase Dec., ¶ 15. Even before COVID-19, LASD had rigorous

7 protocols to enhance sanitary conditions for inmates in the jails, including, but not

8 limited to, providing inmates with clean clothes, bedding, showers and personal

9 hygiene products. Id. Inmates are also issued personal kits when they first arrive at

10 the jails that contain hygiene items, including clean linen and either a bar of soap or

11 liquid soap. Chase Dec., ¶ 18. All staff have been instructed to provide inmates with

12 bars of soap upon request. Clark Dec., ¶ 22; Chase Dec., ¶ 19.

13

Moreover, since the pandemic began, jail staff has provided inmates with

14 cleaning supplies and solution after every meal, and those supplies are available to

15 inmates at any time. Chase Dec., ¶ 16. Incarcerated individuals have also been

16 provided supplies to clean their own living space multiple times each day. Id.

17 Inmates are provided with CitriCide and Turbo Kill to clean their housing areas,

18 which have been rated by the federal Environmental Protection Agency to kill

19 COVID-19. Chase Dec., ¶ 18. Jail staff checks the supplies daily to ensure that they

20 are adequate and to deliver mops to each housing area upon request by an inmate. Id.

21 Since at least mid-March 2020, jail staff has assigned inmates to work eight hours

22 each weekday as part of “COVID-19 Clean-Up Crews.” Id. at ¶ 16. “COVID-19

23 Clean-Up Crews” clean high traffic areas to routinely and effectively disinfect all

24 frequently touched surfaces and objects. Chase Dec., ¶ 17.

25

E. Practices To Prevent Infection Of Jail Employees

26

CHS supplies all of their personnel with N95 or surgical masks, which are

27 available at jail facility entrances at the beginning of each shift. Clark Dec., ¶ 35.

28 Face shields and gowns are provided to staff working directly with PUI’s and patients

11

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1 who have tested positive for COVID-19. Id. CHS also instructed their staff to take

2 their temperature every day once in the morning and at night. Id. at ¶ 38; Chase Dec.,

3 ¶ 30.

4

Signs are posted at all jail facility entrances notifying jail employees that they

5 may not enter the facility unless they have taken their temperature, if they have

6 COVID-19 symptoms, or have had contact with a COVID-19 positive person in the

7 past 14 days. Clark Dec., ¶ 38; Chase Dec., ¶ 30. As of April 9, 2020, all jail staff

8 are required to wear a mask while in a jail facility. Chase Dec., ¶ 22.

9

F. Minimal Infection Rates Of COVID-19 At Los Angeles County Jails

10

As a result of the LASD’s and CHS’ comprehensive and aggressive approach

11 to limit the spread of COVID-19, only a small number of inmates have contracted the

12 virus. As of April 26, 2020, there has not been a single COVID-19 related inmate

13 death. Clark Dec., ¶9. By comparison, Riker’s Island jail in New York City (inmate

14 population of approximately 10,000) has 304 inmates and 518 staff who have tested

15 positive for the virus. Chase Dec., ¶ 29. Cook County Jail in Chicago, Illinois

16 (inmate population of approximately 3,200) has 461 inmates and 363 staff members

17 who have tested positive for the virus. Id.

18 IV. PLAINTIFFS HAVE NOT DEMONSTRATED THAT THEY ARE

19

LIKELY TO PREVAIL ON THE MERITS

20

To obtain a temporary restraining order, the moving party must demonstrate (1)

21 that it is likely to prevail on the merits of its claim, (2) that it will suffer irreparable

22 harm in the absence of extraordinary relief, (3) that the balance of equities is in its

23 favor, and (4) that an injunction is in the public interest. Beaty v. Brewer, 649 F.3d

24 1071, 1072 (9th Cir. 2011) (preliminary injunction); Lockheed Missile & Space Co.,

25 Inc. v. Hughes Aircraft Co., 887 F.Supp. 1320, 1323 (N.D.Ca. 1995) (standards for

26 TRO are same as for preliminary injunction).

27

As the moving parties, Plaintiffs have the burden of proof on each element.

28 Baca v. Moreno Valley Unified School District, 936 F.Supp. 719, 726 (C.D.Ca. 1996)

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1 (preliminary injunction); Big Sky Scientific LLC v. Idaho State Police, 2019 WL

2 438336 at *4 (D.Idaho Feb. 2, 2019) (burden of proof for TRO is same as for

3 preliminary injunction).

4

“A temporary restraining order is an extraordinary and drastic remedy and

5 should not be granted unless the movant, by a clear showing, carries the burden of

6 persuasion.” Klein v. City of Laguna Beach, 594 F.Supp.2d 1020, 1024 (C.D.Ca.

7 2009); see also In Defense of Animals v. U.S. Dept. of Interior, 737 F.Supp.2d 1125,

8 1131 (E.D.Ca. 2010) (“The issuance of . . . preliminary injunctive relief is an

9 extraordinary remedy, and Plaintiffs have the burden of proving the propriety of such

10 a remedy by clear and convincing evidence.”)

11

Plaintiffs’ burden is even heavier than the already weighty burden imposed in

12 most cases because the purpose of a temporary restraining order is to preserve the

13 status quo (Bronco Wine Co. v U.S. Dept. of Treasury, 997 F.Supp. 1309, 1231

14 (E.D.Ca. 1996)), while Plaintiffs are seeking relief which would drastically alter it.

15 See 3570 East Foothill Blvd., Inc. v. City of Pasadena, 912 F.Supp. 1257, 1260 (C.D.

16 Ca. 1995) (since primary purpose of preliminary injunction is to preserve the status

17 quo, those which change it are “‘viewed with hesitancy and carry a heavy burden of

18 persuasion.”) (Emphasis in original)

19

Plaintiffs fall woefully short of this standard, especially given that virtually

20 every material fact they assert is contradicted by Defendants. Ohio Casualty Ins. Co.

21 v. L.H. Engineering Co., Inc., 2014 WL 12569352 at *2 (C.D.Ca. April 24, 2014)

22 (denying TRO “on the basis of unproven and contradicted facts); Knudsen Corp. v.

23 Ever-Fresh Foods, Inc., 336 F.Supp. 241, 248 (C.D.Ca. 1971) (denying preliminary

injunction; “The case at bar presents material disputed issues of fact which casts
24

reasonable doubt upon the certainty of plaintiff’s prevailing at a trial on the merits.”)
25

Plaintiffs’ claims also fail as a matter of law, as Defendants now show.
26

A. Plaintiffs Have Not Exhausted Their Administrative Remedies As
27

28
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1

Required By the Prison Litigation Reform Act, 42 U.S.C. §1997e(a)

2

Plaintiffs challenge conditions in the County jails under 42 U.S.C. §1983.

3 Complaint, ¶¶174-212. Under the Prison Litigation Reform Act of 1995 (“PLRA”),

4 “[n]o action shall be brought with respect to prison conditions under section 1983 of

5 this title, or any other Federal law, by a prisoner confined in any jail, prison, or other

6 correctional facility until such administrative remedies as are available are

exhausted.” 42 U.S.C. §1997e(a). A “prisoner” includes both pretrial detainees as
7

8 well as those convicted of a crime. 42 U.S.C. §1997e(h); Matapuatuli v. Sessions,

9 714 Fed.Appx. 730, 731 (9th Cir. 2018). The PLRA applies to local jails (18 U.S.C.

10 §1326(g)(5); Maiden v. LA County Sheriff’s Dept. Men’s Central Jail, 334 Fed.Appx.

11 76 (9th Cir. 2009) (affirming dismissal of prisoner’s §1883 claims for failure to

12 exhaust administrative remedies as required by the PLRA).

13

Section 1997e makes exhaustion of administrative remedies mandatory. Porter

14 v. Nussle, 534 U.S. 516, 524 (2002). “The PLRA’s exhaustion requirement applies to

15 all inmate suits about prison life, whether they involve general circumstances or

16 particular episodes, and whether they allege excessive force or some other wrong.”

17 Id. at 532. They apply to claims over prison conditions during the COVID-19 crisis.

18 Valentine v. Collier, 2020 WL 1934431 at **5-7 (5th Cir. April 22, 2020). There are

19 no futility or other judicially created exceptions to the statutory exhaustion

20 requirements. Booth v. Churner, 532 U.S. 731, 741 n.6 (2001); Valentine, 2020 WL

21 1934431 at **5-7 (reversing district court finding that failure to exhaust

22 administrative remedies would be “too lengthy” in view of COVID-19 crisis; no such

23 exception to exhaustion requirement exists).

24

Defendants have a lengthy Custody Division Manual, with an entire volume

25 entitled “Inmate Grievance Manual” (the “Manual”). Ex. A to Corbett Dec. The

26 Manual contains detailed procedures for inmate grievances, including “Emergency

27 Grievances” (§8-03/010.00) and “Health Care Grievances” (§8-03/020.00). There is

28 also an entire process for appeals (§8-04/030.00), including but not limited to

14

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1 “Appeals of Emergency Grievances” (§8-04/030.15).

2

Plaintiffs did not satisfy the administrative remedies available to them, either in

3 the Manual or otherwise. Of the 15 inmates who provided declarations in support of

4 the TRO, ten do not claim that they even filed a written request or grievance, which is

5 the first step under the Manual. §8-01/005.00. Of the remaining five, three filed (or

6 asked to file) grievances in which they requested masks. Davidson Dec., ¶9; Young

7 Dec., ¶14; Avila Dec., ¶9. These were provided. Davidson Dec., ¶9; Young Dec.,

8 ¶15; Avila Dec., ¶11. One inmate asked to see medical staff (twice), and was given

9 the opportunity to do so both times. Haviland Dec., ¶¶12, 15. In other cases, the

10 declarants claimed that their grievances were denied or there was no response. Avila

11 Dec., ¶9; Balderrama Dec., ¶7; Young Dec., ¶16. But those instances do not

12 constitute exhaustion of administrative remedies, because the Manual expressly

13 provides for appeals if the inmate is not satisfied with the disposition of their

14 grievance or if the inmate receives no response (§8-04/030.00). This evidence is not

15 remotely adequate to constitute exhaustion of administrative remedies.

16

Plaintiffs cannot evade the exhaustion of administrative remedies requirement

17 by seeking relief on grounds other than §1983. The Ninth Circuit does not recognize

18 a cause of action directly under the federal constitution: “a litigant complaining of a

19 violation of a constitutional right must utilize 42 U.S.C. §1983.” Azul-Pacifico, Inc.

20 v. City of Los Angeles, 973 F.2d 704, 705 (9th Cir. 1992) (emphasis added). And

21 Plaintiffs cannot proceed under the Americans with Disabilities Act (Complaint,

22 ¶¶213-233) or the Rehabilitation Act 1 (Complaint, ¶¶234- 253) because §1997e(a)

23 requires exhaustion of administrative remedies not only for claims under §1983 but

24 also those brought under “any other Federal law.” §1997e(a); O’Guinn v. Lovelock

25 Correctional Center, 502 F.3d 1056, 1058, 1060 (9th Cir. 2007) (affirming dismissal

26 of prisoner’s claims under ADA and Rehabilitation Act for failure to exhaust

27

28
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1 administrative remedies as required by §1997e(a)).6

2

Plaintiffs’ failure to exhaust their administrative remedies likewise bars relief

3 under their state law claims. Complaint, ¶¶254-264 ( Gov.Code §11135); ¶¶265-273

4 (Civ.Code §51(f)); ¶¶265-273 (Civ.Code §54(c)). See, e.g., J.E.L. v. San Francisco

5 Unified School District, 185 F.Supp.3d 1196, 1201 (N.D.Ca. 2016) (dismissing

6 §11135 claim by disabled student for failure to exhaust administrative remedies as

7 required by 22 Cal.CodeRegs. §98003).

8

B. Plaintiffs Have Not Exhausted Their Administrative Remedies As

9

Required By the Prison Litigation Reform Act, 42 U.S.C. §1997e(a)

10

Trying to evade the requirements of §1997e, which they cannot meet, Plaintiffs

11 also characterize their challenge to jail conditions as claims for habeas corpus under

12 28 U.S.C. §2241. Complaint, ¶¶174- 212. They are not.

13

Habeas corpus is the remedy “to attack the legality of the conviction or

14 sentence.” Nettles v. Grounds, 830 F.3d 992, 933 (9th Cir. 2016) (en banc). But

15 Congress’ enactment of the Prison Litigation Reform Act “indicated an intent to make

16 §1983 the exclusive remedy for ‘all inmate suits about prison life.’” Id. at 932. This

17 complaint is a suit about prison life, not the legality of Plaintiffs’ convictions or

18 sentences ─ indeed, many of them have not yet been convicted or sentenced

19 (Complaint, ¶159) ─ and thus is not a case of habeas corpus.

20

Other district courts presented with similar COVID-19 prisoner cases have

21 reached the same conclusion. See, e.g., Phea v. Pfeiffer, 2020 WL 1892427, at *1

22 (E.D.Ca. April 16, 2020) (denying state prisoner’s habeas petition based on COVID-

23 19 because it related to “the conditions of petitioner’s confinement” rather than “the

24 duration or legality of his confinement” and thus was a §1983 claim); Petersen v.

25 Diaz, 2020 WL 4740538, at **1-2 (E.D. Ca. April 2, 2020) (same).

26

27
6Notably, the Manual has an entire section devoted to ADA grievances and their 28 appeals (§8-03/030 .00). No plaintiff claims to have used it.

16

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1

Because this case is one under §1983, no matter how Plaintiffs style it,7

2 Plaintiffs are required by §1997e to exhaust their administrative remedies. Since they

3 have not done so, they cannot show the likelihood of success on the merits required

4 for a TRO: indeed, their claims will not survive a motion to dismiss under F.R.C.P.

5 12(b)(6).

6

Labeling their claims as ones for habeas corpus is not only incorrect as a matter

7 of law, it is pointless because habeas corpus claims have their own exhaustion

8 requirements which Plaintiffs do not satisfy, either. Habeas petitions involving state

9 prisoners take two forms: those brought under 28 U.S.C. §2241 and those under

10 §2254. Section 2254(a) applies to those persons “in custody pursuant to the judgment

11 of a State court,” i.e., those who have already been convicted. A writ cannot be

12 granted under §2254 unless the applicant has exhausted the remedies of the state

13 courts. §2254(b)(1)(A). There is no allegation, and no evidence, that any of the post-

14 conviction plaintiffs has exhausted his/her state court remedies ─ a requirement even

15 during the present health emergency.8

16

Undoubtedly for this reason, Plaintiffs assert that they are proceeding under

17 §2241 for both pretrial and post-conviction inmates. Complaint, 50: 20-24, 54:2-6,

18 56:7-11. They cannot do so. Pretrial detainees may proceed under §2241 because

19 they are not “in custody pursuant to the judgment of a State court.” Stow v.

20 Murashige, 389 F.3d 880, 885 (9th Cir. 2004). But for post-conviction inmates, their

21 remedy lies solely under §2254. White v. Lambert, 370 F.3d 1002, 1009-1010 (9th

22 Cir. 2004), overruled on other grounds, Hayward v. Marshall, 603 F.3d 546 (9th Cir.

23

24 7“The label that a plaintiff places on his pleadings, however, does not determine the

25

nature of his cause of action.” (9th Cir. 1996).

Rains

v. Criterion Systems, Inc., 80 F.3d 339, 343

n.2

26 8See, e.g., Riggs v. Louisiana, 2020 WL 1939168, at *2 (W.D.La. April 22, 2020) (denying habeas petition by convicted state prisoner on COVID-19 grounds for
27 failure to exhaust state court remedies; “While the Court is well aware of the effects of the Covid-19 pandemic and is concerned about its effect on those persons in the
28 prison system, Riggs has not stated a claim for relief at this time.”)

17

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1 2010) (§2254 “is the exclusive vehicle for a habeas petition by a state prisoner in

2 custody pursuant to a state court judgment, even when the petitioner is not

3 challenging his underlying state court conviction.”); see also Dominguez v. Kernan,

4 906 F.3d 1127, 1135 (9th Cir. 2018) (same). The post-conviction plaintiffs must

5 comply with §2254, and they have failed to do so. 9

6

The plaintiffs who are pretrial detainees fare no better. While they may

7 proceed under §2241, those claims are also subject to an exhaustion requirement.

8 Dominguez, 906 F.3d at 1135 n.9. That requirement was largely imposed in the

9 interests of comity, “to prevent federal interference with state adjudication, especially

10 state criminal trials” which, in the case of pretrial detainees, of course have not even

11 occurred yet. Carden v. State of Montana, 626 F.2d 82, 83 (9th Cir. 1980); Williams

12 v. Los Angeles Superior Court, 2014 WL 2533804, at *3 (C.D.Ca. June 4, 20014)

13 (denying release under §2241 for failure to exhaust judicial remedies; state pretrial

14 detainee had failed “to seek any relief” in state appellate courts) (emphasis in

15 original). There is no evidence that any of the Plaintiffs has sought any relief in any

16 state court, let alone that such relief been denied, and that requirement does not

17 disappear even in the present public health crisis.10

18

C. Plaintiffs Have Not Demonstrated Defendants’ Deliberate

19

Indifference To The Impact Of COVID-19 On Jail Conditions.

20

Plaintiffs seek relief on behalf of two distinct groups: those inmates who have

been convicted of a crime (Complaint, ¶¶160, 197-212) and those who are pretrial
21

detainees (Complaint ¶¶159, 174-196).
22

23 9Plaintiffs cite a Tenth Circuit case, Montez v. McKinna, 208 F.3d 862, 865 (10th Cir.

24

2000), for the proposition that post-conviction prisoners may also proceed under §2241. TRO 36 at n.22. That is not the law in the Ninth Circuit, which has explicitly

25 mcoinnsoirdietyrevdiebwothunthsuepapnoarltyesdisbaynbdocthonsctalutustioornyiannMd oUn.tSe.z,SaunpdrermejeecCteodurtthaeumthaosriaty.

26 White, 370 F.3d at 1009-1010.

10See, e.g., Cuevas v. Commonwealth of Pa., 2020 WL 1911511, at *3 (M.D.Pa. April

27 20, 2020) (denying habeas petition by pretrial detainee in county jail on COVID-19

grounds for failure to exhaust state judicial remedies: “To exhaust a claim, a

28 petitioner must ‘fairly present’ it to each level of the state courts.”)

18

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1

1. The Pretrial Detainees Have Not Shown Deliberate

2

Indifference.

3

“Inmates who sue prison officials for injuries suffered while in custody may do

4 so under the Eighth Amendment’s Cruel and Unusual Punishment Clause or, if not

5 convicted, under the Fourteenth Amendment’s Due Process Clause.” Castro v.

6 County of Los Angeles, 833 F.3d 1060, 1067-68 (9th Cir. 2016) (en banc) citing Bell

7 v. Wolfish, 441 U.S. 520, 535 (1979). “Under both clauses, the plaintiff must show

8 that the prison officials acted with ‘deliberate indifference.’” Id. at 1068.

9

When a pretrial detainee sues a governmental entity under the Fourteenth

10 Amendment, “the deliberate indifference standard for municipalities is always an

11 objective inquiry.” Id. at 1076. The objective standard for deliberate indifference for

12 Fourteenth Amendment claims brought by pretrial detainees applies to a failure to

13 address medical needs, as well as a failure to protect pretrial detainees. Gordon v.

14 County of Orange, 888 F.3d 1118, 1124 (9th Cir. 2018).

15

The objective standard is satisfied when a “plaintiff [] establish[es] that the

16 facts available to [entity] policymakers put them on actual or constructive notice that

17 the particular omission is substantially certain to result in violation of the

18 constitutional rights of their citizens.” Castro, 833 F.3d at 1076.

19

The elements for a pretrial detainee’s claim are:

20

“(i) the defendant made an intentional decision with

21

respect to the conditions under which the plaintiff was

22

confined; (ii) those conditions put the plaintiff at

23

substantial risk of suffering serious harm; (iii) the

24

defendant did not take reasonable available measures to

25

abate that risk, even though a reasonable official in the

26

circumstances would have appreciated the high degree of

27

risk involved—making the consequences of the

28
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defendant's conduct obvious; and (iv) by not taking such
19
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1

measures, the defendant caused the plaintiff's injuries.”

2

Gordon v. Cty. of Orange, 888 F.3d 1118, 1125 (9th Cir.

3

2018).

4

The defendant’s conduct under the third element must be objectively

5 unreasonable, and it is “more than negligence but less than subjective intent—

6 something akin to reckless disregard.” Id.

7

Defendants have not acted with deliberate disregard of COVID-19 under the

8 objective standard. Defendants have undertaken a number of actions to minimize the

9 threat of COVID-19 at the jails. Among other things, Defendants have implemented

10 and revised policies that require, among other things, multiple levels of screening of

11 incoming inmates for COVID-19 symptoms; isolating and providing masks to those

12 showing symptoms; providing town hall meetings, demonstrative posters, and videos

13 to educate the detainees about COVID-19; testing for COVID-19; symptom tracking

14 of medical and prison staff; providing hand sanitizer for all staff; providing enhanced

15 cleaning of cells and common areas; and decreasing the jail population by 30%.

16 Here, too, the CDC Guidance is the basis for Defendants’ policies. Clark Dec., ¶¶11,

17 47.

18

Courts have held that far less remedial measures were sufficient in the face of

19 deliberate indifference challenges. Habibi v. Barr, No. 20-cv-00618-BAS-RBB, 2020

20 WL 1864642, at *5 (S.D. Cal. Apr. 14, 2020) (plaintiff did not show inadequate

21 measure by government to prevent spread of COVID-19 due to the following

22 measures: detainees, vendors, and staff are screened for fever, illness, and contact

23 with positive cases; detainees are tested and isolated if they show symptoms; the

24 facility has increased in disinfectant spray, hand sanitizer, soap, and cleaning of the

25 housing units; all social visitations have been suspended and counsel visitations are

26 non-contact; and “cohorting” any detainees that were exposed).

27

Defendants have implemented the vast majority of these measures, and more,

28

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1 including multiple screenings of all incoming inmates for symptoms; isolating and

2 providing masks, enhanced cleaning; symptom-tracking of medical staff; providing

3 sufficient hand sanitizer to staff; educating the inmates through posters, videos, and

4 meetings; and decreasing the jail population by 30%. See Section III, supra.

5

Defendants have also not been recklessly disregarding the risk of COVID-19

6 because they been modifying and improving policies to comply with changing

7 guidelines and recommendations.11 Defendants have been modifying and improving

8 their policies to comply with the ever-changing guidance from the local, state, and

9 federal officials. For instance, Los Angeles first issued non-binding guidance that the

10 public should use masks to prevent the spread of COVID-19 on April 1, 2020.12 At

11 that time, the federal government maintained that the masks were not recommended.13

12 The CDC did not recommend that people should wear cloth or fabric face coverings

13 until April 3, 2020.14 The City of Los Angeles mandated masks for the general

14 population in public spaces, such as grocery stores, effective April 10, 2020.15 Many

15 Plaintiffs concede that masks were provided shortly after the mask guidance was

16 issued, and on or around the date that masks were required by the City of Los

17

18

11 Cf. Valentine v. Collier, -- F.3d ---, 2020 WL 1934431, at *5 (5th Cir. Apr. 22, 19 2020) (without injunction, Texas state prison officials could quickly adopt new

procedures based on changes to CDC guidelines).

20 12Kailyn Brown, et al., Should You Wear a Mask at the Grocery Store? Coronavirus 21 Ahtdtpvisc:/e/wKweewp.slaCtihmaensg.cinogm, /LcAaliTfoimrneias/,sAtoprry./210, 2200-2004,-01/should-you-wear-a-face-mask-

22

at-the-grocery-store-ccoronavirus-advice-keeps-changing (last accessed Apr. 26, 2020).

23 13 Id.

24

14 See Colin Dwyer and Allison Aubrey, CDC Now Recommends Americans Consider Wearing Cloth Face Coverings In Public, NPR, Apr. 3, 2020,

25

https://www.npr.org/sections/coronavirus-liveupdates/2020/04/03/826219824/president-trump-says-cdc-now-recommends-

26 americans-wear-cloth-masks-in-public (last accessed Apr. 26, 2020).

15Public Order Under City of Los Angeles Emergency Authority, Worker Protection

27 Order, Apr. 7, 2020 (rev. Apr. 16, 2020),

https://www.lamayor.org/sites/g/files/wph446/f/page/file/20200416MayorPublicOrde

28 rWorkerProtectionRevised041620.pdf (last accessed Apr. 26, 2020).

21

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1 Angeles. See, e.g., Avila Dec. at ¶ 11 (received a mask on April 10); Balderrama Dec.

2 at ¶¶ 13, 19 (received a mask, lost it, and received another mask on April 11); Cullors

3 Dec. at ¶ 12 (received a mask on April 10); Davidson Dec. ¶ 9 (received a mask on

4 April 11); Dunham Dec. at ¶ 8 (obtained a cloth mask on unspecified date); Farmer

5 Dec. ¶ 5 (received a mask on April 15); Haviland Dec. at ¶ 16 (received a mask on

6 April 11). Public health officials were far from universal in their guidance regarding

7 masks until mid-April. Defendants’ failure to provide masks before early April is not

8 deliberate indifference because health officials’ guidance supported their actions then.

9

Plaintiffs state that “[o]ther federal courts have acted quickly to grant

10 extraordinary COVID-19 relief to people in detention, including TROs similar to the

11 one requested here.” TRO at 26:6-12 (footnote citing cases). None of these cases are

12 controlling, and none of these cases ordered the release of state prisoners. Banks v.

13 Booth, 1:20-cv-00849-CKK, 2020 WL 1914896, at *13 (D.D.C. Apr. 19, 2020) (court

14 not ordering release of prisoners); Cameron v. Bouchard, No. 2:20-cv-10949-LVP-

15 MJH, Dkt. No. 40, 2020 WL 1929876 E.D. Mich. Apr. 17, 2020) , as modified on

16 reh’ing 2020 WL 1952836, at *2 (E.D. Mich. Apr. 23, 2020) (no release of inmates

17 ordered, and on rehearing, court reverse its prior order to provide names of subclass

18 members subject to release because court has not determined it has the authority to

19 release inmates); Roman v. Wolf, 5:20-cv-00768-TJH, 2020 WL 1952656 (C.D. Cal.

20 Apr. 23, 2020) (immigrants held a federal facility, not state inmates); Valentine v.

21 Collier, No. 4:20-CV-1115, 2020 WL 1899274 (S.D. Tex. Apr. 16, 2020), injunction

22 stayed pending appeal, Valentine v. Collier, 2020 WL 1934431 (5th Cir. Apr. 22,

23 2020) (no releases); Gray v. Cty. of Riverside, 5:13-cv-0444-VAP-OPx, Dkt. No. 191

24 (C.D. Cal. Apr. 14, 2020) (same); Swain v. Junior, No. 1:20-cv-21457-KMW, 2020

25 WL 1692668, at *2 (S.D. Fla. Apr. 7, 2020) (same, and ordering that jail provide

26 adequate spacing “to the maximum extent possible considering … current population

27 levels”). Plaintiffs also provide a string cite of cases in footnote 13 for the principle

28 that “courts have also granted other extraordinary relief including habeas corpus,

22

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1 reversing decisions to detain individuals found to be a safety risk pretrial, and

2 compassionate release.” TRO at 26:13-15 n.13. None of these cases pertained to a 3 federal court ordering the release of state prisoners or detainees, held on state matters

4 (i.e., not under federal immigration law).

5

Requests for federal courts to release state, rather than federal, inmates “raise[]

6 serious concerns under core principles of federalism and the separation of powers,

7 especially given their request for sweeping relief in the form of a mandatory

8 injunction.” Money v. Pritzker, 2020 WL 1820660 at *15 (N.D. Ill. Apr. 10, 2020)

9 (citing Missouri v. Jenkins, 495 U.S. 33, 51 (1990)) (apply Eighth Amendment).

10 “The Supreme Court repeatedly has cautioned that federal courts must tread lightly

11 when it comes to questions of managing prisons, particularly state prisons.” Id.

12 (citing cases). “It is no accident that the federal judiciary only rarely intrudes into the

13 management of state prisons, and only once in history has actually ordered the release

14 of prisoners on a scale anywhere near what Plaintiffs hope to accomplish through this

15 litigation.” Id.

16

Moreover, Plaintiffs fail to identify adverse authority.16 In the most extreme

17 example, Plaintiffs cite to the District Court’s injunction in Valentine, but fail to

18 disclose that the injunction is stayed pending appeal. Two days before the TRO was

19 filed, the Fifth Circuit stayed the injunction in Valentine, concluding that Plaintiffs

20 “have not shown a ‘substantial risk of serious harm’ that amounts to ‘cruel and

21

22
16 Other District Courts have rejected similar requests for injunctive relief or release 23 from confinement. See, e.g., Plata v. Newsom, No. 01-cv-01351-JST, 2020 WL
1908776 (N.D. Cal. Apr. 17, 2020) (denying California state prisoners’ injunction to 24 order state to “develop a plan to manage and prevent the further spread of COVID-19
in California state prisons,” including reducing population of prison where state’s 25 response to COVID-19 was adequate (see infra)); Coleman v. Newsom, No. 2:90-cv-
0520 KJM DBP, 2020 WL 1675775 (E.D. Cal. Apr. 4, 2020) (three-judge panel 26 convened under PLRA denied request to release California state prisoners due to
COVID-19 where state’s response to COVID-19 was adequate (see infra)); Money v. 27 Pritzker, 2020 WL 1820660 (N.D. Ill. Apr. 10, 2020) (denying injunctive relief to
release medically at-risk class of state prisoners in light of COVID-19 where state’s 28 response to COVID-19 was adequate).

23

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1 unusual punishment’” in light of the jail’s efforts to undertake protective measures, 2 and the District Court improperly applied Supreme Court precedent regarding the

3 Eighth Amendment. 2020 WL 1934431, at *3. The Fifth Circuit noted that the

4 injunction interferes with the ability of the state to implement its “rapidly changing

5 and flexible system-wide approach” in light of a number of guidance changes from

6 the CDC. Id. at *5.

7

Furthermore, the unfortunate reality is that all the remedial measures in the

8 world will not reduce the risk of infection if the inmates refuse to cooperate or even

9 actively sabotage Defendants’ best efforts, which has in fact been happening. That

10 does not, however, entitled Plaintiffs to a TRO. Mission Power Engineering Co. v.

11 Continental Cas. Co., 883 F.Supp. 488, 492 (C.D.Ca. 1995) (“It must be established

12 that the moving party is without fault in creating the crisis that requires ex parte

13 relief.”)

14

Defendants have been working tirelessly to adopt policies and protocols that

15 protect the detainees and prisoners, and the Court should defer to Defendants’

16 judgment. Norwood v. Vance, 591 F.3d 1062, 1066 (9th Cir. 2010). Defendants took

17 “reasonable available measures,” Gordon, 888 F.3d at 1125, and therefore there is no

18 deliberate indifference under the Fourteenth Amendment.

19

2. The Convicted Inmates Have Not Shown Deliberate

20

Indifference

21

The convicted inmates must make an objective and subjective showing of

22 deliberate indifference under the Eighth Amendment. Castro v. Cty. of Los Angeles,

23 833 F.3d 1060, 1067-68 (9th Cir. 2016) (en banc). The danger to the prisoner must be,

24 objectively, sufficiently serious. Farmer v. Brennan, 511 U.S. 825, 834 25 (1994). Then, the official must “know of and disregard an excessive risk to inmate

26 health or safety.” Farmer v. Brennan, 511 U.S. 825, 837 (1994). “A prison official 27 cannot be found liable under the Eighth Amendment for denying an inmate humane

28 conditions of confinement unless the official knows of and disregards an excessive 24
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1 risk to inmate health or safety.” Estate of Ford v. Ramirez-Palmer, 301 F.3d 1043,

2 1050 (9th Cir. 2002) (quoting Farmer v. Brennan, 511 U.S. 825, 834 (1994)). Prison

3 officials only must “‘take reasonable measures to mitigate the [known] substantial

4 risk[s]’ to a prisoner.” Wilk v. Neven, No. 17-17355, 2020 WL 1949281, at *4 (9th

5 Cir. Apr. 23, 2020) (quoting Castro, 833 F.3d at 1067).

6

When a prisoner’s Eighth Amendment claim is based on “involuntary exposure

7 to environmental hazards,” the prisoner must make a two-part showing. Under the

8 objective prong, the plaintiff must show “that it is contrary to current standards of

9 decency for anyone to be exposed against his will to the hazard.” Hines v. Youseff,

10 914 F.3d 1219, 1229 (9th Cir. 2019) (quoting Helling v. McKinney, 509 U.S. 25, 35

11 (1993) (internal quotations omitted). “A prison official may be held liable under the

12 Eighth Amendment for denying humane conditions of confinement only if he knows

13 that inmates face a substantial risk of serious harm and disregards that risk by failing

14 to take reasonable measures to abate it.” Farmer v. Brennan, 511 U.S. 825, 847

15 (1994) (emphasis added).

16

Plaintiffs cannot show that the conditions at the jails are “contrary to current

17 standards of decency for anyone to be exposed against his will.” Hines, 914 F.3d at

18 1229. Other courts have found that lesser or equal remedial measures to those

19 implemented by Defendants here were satisfactory. Coleman v. Newsom, No. 2:90-

20 cv-0520, 2020 WL 1675775, at *3-4 (E.D. Cal. Apr. 4, 2020) (like Defendants’

21 policies here, California state prisons’ policies were adequate where they canceled

22 visiting statewide, distributing fact sheets and posters, additional hand-sanitizing

23 dispenser stations, transferred approximately 500 inmates out of dorm housing,

24 suspended transfers between facilities, and conducted temperature checks and

25 symptom screenings of all individuals entering the prisons); Plata v. Newsom, No. 01-

26 cv-01351, 2020 WL 1908776, at *4 (E.D. Cal. Apr. 17, 2020) (California state

27 prisons’ policies were adequate where produced cloth masks for distribution at

28 prisons, implemented a program that restricts movement and increases sanitation, in

25

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1 addition to matters in Coleman).

2

The Fifth Circuit also considered this matter in relation to COVID-19. In

3 Valentine, the court stayed an injunction in another COVID-19 state prisoner case 4 because the defendants demonstrated a likelihood of success on the merits. The Fifth

5 Circuit noted that the defendants had already provided a number of protective

6 measures recommended by the CDC, including “access to soap, tissues, gloves,

7 masks, regular cleaning, signage and education, quarantine of new prisoners, and

8 social distancing during transport.” Valentine v. Collier, No. 20-20207, 2020 WL 9 1934431, at *3-4 (5th Cir. Apr. 22, 2020). The injunction would go beyond the CDC

10 guidelines, and the Fifth Circuit concluded that the plaintiffs “have cited no precedent

11 holding that the CDC’s recommendations are insufficient to satisfy the Eighth

12 Amendment.” Id. Here, too, the CDC Guidance is the basis for Defendants’ policies. 13 Clark Dec., ¶¶10, 12-15, 26, 35-36.

14

Even if the objective standard were satisfied, Plaintiffs have not demonstrated

15 that Defendants’ acts were deliberately indifferent under the subjective prong.

16 Plaintiffs must show that Defendants were subjectively indifferent, which only exists

17 “if he knows that inmates face a substantial risk of serious harm and disregards that

18 risk by failing to take reasonable measures to abate it.” Hines v. Youseff, 914 F.3d 19 1219, 1229 (9th Cir. 2019) (quoting Farmer v. Brennan, 511 U.S. 825, 847 20 (1994)). To show deliberate indifference under the subjective standard in the

21 COVID-19 context, there must be evidence that the defendants “subjectively believe

22 the measures they are taking are inadequate.” Valentine, 2020 WL 1934431, at *4 23 (no deliberate indifference under the subjective standard where prison officials had

24 taken measures “informed by guidance from the CDC and medical professionals—to 25 abate and control the spread of the virus.”)17

26

27 17 The Fifth Circuit held that the district court erred by “treating inadequate measures as dispositive of the Defendants’ mental state. Such an approach resembles the
28 standard for civil negligence, which Farmer explicitly rejected.” Id. at *4.
26
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1

Like in Valentine, Plaintiffs here present no evidence that Defendants

2 believed—much less knew—that their remedial measures were inadequate. On the

3 contrary, Defendants’ efforts demonstrate that they believe that their responses are

4 adequate. Correctional Health Services (“CHS”) and the LASD began preparing for

5 COVID-19 on February 10, 2020. CHS, which has been assigned a full-time

6 physician who specializes in infectious diseases to provide guidance and clinical

7 oversight, meets daily with LASD leaders to discuss operational matters and discuss

8 best practices to regarding COVID-19 in the jails. Due to the dynamic nature of this

9 pandemic, Defendants have made many additions and improvements to this plan as

10 the health care community's knowledge of the virus developed. Defendants have also

11 taken remedial actions to alleviate the threat of COVID-19 in the jails, including

12 reducing the prison population by 30%; screening all incoming inmates for

13 symptoms, and isolating those showing symptoms; enhanced cleaning of cells and

14 public areas; and a number of other measures.

15

Plaintiffs boldly claim that while “courts give latitude and deference to jail and

16 prison officials’ decision,” that does not apply to COVID-19, and Defendants are

17 “knowingly expos[ing] Plaintiffs, guards, jail staff, and the public to extreme risk.”

18 TRO at 30:11-14. Not only is this unsupported by any authority in the TRO, it is

19 contrary to well-established law. Norwood v. Vance, 591 F.3d 1062, 1066 (9th Cir.

20 2010) (“It is well established that judges and juries must defer to prison officials’

21 expert judgments.”); see also Coleman v. Newsom, No. 2:90-cv-0520, 2020 WL

22 1675775, at *8 (E.D. Cal. Apr. 4, 2020) (“We emphasize that Defendants have broad

23 authority to voluntarily take steps that may prevent the life-threatening spread

24 of COVID-19 within their prisons, and we recognize the deference that is due

25 to prison authorities to determine which additional measures must be taken to avoid

26 catastrophic results”); Money v. Pritzker, No. 20-cv-2093, 2020 WL 1820660, at *22

27 (N.D. Ill. Apr. 10, 2020) (deference owed to state prison officials relating to handling

28 COVID-19).

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1

In Norwood, the Ninth Circuit concluded that a trial court’s refusal to provide a

2 jury instruction regarding deference was erroneous in a conditions of confinement

3 case. Norwood v. Vance, 591 F.3d 1062, 1067 (9th Cir. 2010). “Prison officials are

4 entitled to deference whether a prisoner challenges excessive force or conditions of

5 confinement.” Norwood v. Vance, 591 F.3d 1062, 1067 (9th Cir. 2010). While

6 deference does not apply in cases where there is “unnecessary, unjustified, or

7 exaggerated response to the need for prison security,” Shorter v. Baca, 895 F.3d 1176,

8 (9th Cir. 2018), Plaintiffs do not make that assertion here. In fact, Plaintiffs fail to

9 weigh the need for security at all when discussing deference.

10

As a result, the convicted inmates cannot demonstrate that defendants acted

11 with deliberate indifference under either prong of the Eighth Amendment.

12

3. Defendants’ Release Of Thousands Of Prisoners (But Not

13

Plaintiffs) Is Evidence That Defendants Are Not Deliberately

14

Indifferent To The COVID-19 Crisis.

15

Plaintiffs contend that Defendants have the authority to release prisoners under

16 state law and their failure to do so is evidence of deliberate indifference. TRO 29:3-

17 11. They are wrong.

18

First of all, Defendants have gone to extraordinary lengths and used every

19 available statutory tool and previous court order to rapidly release over 5,200 inmates

20 accused or sentenced on non-violent, non-serious, or non-sexual crimes since

21 February 28, 2020. This constitutes a reduction of over 30% of the inmate population

22 in a six week period—the largest population reduction due to the COVID pandemic in

23 a jail or prison system nationwide. This was accomplished expressly for the purpose

24 of permitting increased physical distancing and to facilitate other measures to reduce

25 the risk of infection among the inmate population, while still keeping the community

26 safe. See Clark Dec. ¶ 10; Corbett Dec. ¶ 2.

27

For pre-trial inmates, LASD has historically released on a citation most inmates

28 accused of misdemeanor crimes when permitted to do so by California law. LASD, 28
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1 however, does not have that discretion to release those accused of felonies, as those 2 release must be authorized by a Superior Court judge. Corbett Dec. ¶ 3. For those

3 arrested on felonies, arraigned and awaiting trial, the LASD’s authority to release is

4 restricted by Penal Code §853.85, and must be authorized by the order of a superior

5 court judge.

6

Due to the COVID pandemic, to facilitate the releases of inmates accused of

7 felonies, LASD worked diligently with the Superior Court and their justice partners to

8 create a system for bail deviation hearings so that pre-trial inmates being held on non-

9 serious, non-violent, non-sexual felony charges could be released with a notice to

10 appear at a later date. Id. ¶ 4. LASD delivered lists of qualified inmates, i.e., those

11 who were not charged with a serious or violent felony as those terms are defined

12 under Penal Code §§ 667.5 and 1192.7 to the District Attorney’s Office and the

13 Public Defender’s Office for vetting and bail deviation hearings. Id.

14

As the CDC and DPH had at that time identified those 65 and older as being at

15 greater risk should they be infected with COVID, LASD identified qualified inmates

16 60 or older on the first list it sent. Id. ¶ 5. The LASD delivered its first list on March

17 20, 2020. Id. Since then, these lists have grown to over 2,400 people, and the

18 Superior Court has either approved of release stipulations or held hearings with the

19 Public Defender’s Office/Alternate Public Defender’s Office and District Attorney’s

20 Office prior to issuing release orders. LASD then processed these releases, providing

21 the inmate with a notice to appear more than 60 days out in deference to state and

22 local Stay-at-Home orders. Id.

23

On April 13, 2020, a statewide emergency bail schedule went into effect

24 effectively reducing bail to $0 for all inmates except those arrested for crimes

25 specifically excluded on the schedule, e.g., serious, violent, or sex offenses. Ex. A to

26 Corbett Dec. ¶ 7. In response, as the LASD had the authority to re-set bail to $0 for

27 those accused of qualifying crimes but who had not yet been arraigned, the LASD

28 scoured its records in an attempt to locate any such inmates, but did not find any. 29
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1 Corbett Dec. ¶ 15. Simultaneously, LASD began working with the Superior Court

2 and its justice partners to identify those accused of qualifying crimes who had already

3 been arraigned so that the Court in its own discretion could re-set the bail to $0. Id.

4

For convicted and sentenced inmates, LASD has employed its authority under a

5 District Court order issued in 1988 in Rutherford v. Block, which permits the Sheriff 6 to release certain convicted inmates early, prior to completing their full sentence, to

7 address unconstitutional overcrowding, with express priority given to those with short

8 remaining sentences or non-violent criminal offenses. Corbett Dec. ¶ 8.

9

In fact, for the first time, in response to the COVID-19 crisis, LASD has

10 expanded its application of its Rutherford authority to release inmates in custody for 11 AB109 crimes. Corbett Dec. ¶ 9. AB109 is the California Public Safety Realignment

12 Act of 2011, which resulted in people serving their time in the County jail for non-

13 serious/non-violent felonies where they previously would have done their time in

14 state prison. Id. In response to the COVID-19 crisis, eligible AB109 inmates are

15 completing only 70% of their sentences instead of 100%. Id.

16

To radically reduce the number of new inmates received by the County jail

17 system during the COVID pandemic, LASD also issued new booking requirements,

18 re-setting the minimum bail amount for booking of those accused of misdemeanors

19 or arrested on misdemeanor warrants from $25,000 to $50,000, except for domestic

20 violence crimes. Id. ¶ 11. These new requirements were issued to law enforcement

21 agencies countywide rapidly via the Justice Data Interface Controller System

22 (“JDIC”). Id. LASD has also imposed a temporary moratorium on all but the most 23 critical transfers to the Los Angeles County jails from the California Department of

24 Corrections and Rehabilitation and from outside law enforcement agencies who have

25 arrested people on Los Angeles County warrants. Id.

26

Plaintiffs’ real complaint, of course, is that Defendants have not

27 released them. The truth is that the only inmates who remain in county jail are there

28

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1 for a reason – namely, they pose an unacceptable threat to public safety. They were 2 either charged with or convicted of serious, violent, or sex crimes (e.g., Pen.Code §§ 3 290(c), 667.5, 1192.7); are state prisoners that the LASD is not authorized to release; 4 or were arraigned and granted no bail by a Los Angeles Superior Court 5 Judge. See Section III(A) above, and Allen Dec. ¶5.

6

Moreover, neither of the statutes cited by Plaintiffs require Defendants to

7 release them. Penal Code §4012 permits removal of prisoners in cases of infectious

8 disease only after a physician certifies that the disease is liable to endanger the

9 prisoners’ health and a county judge issues an order authorizing the sheriff to remove

10 the prisoners. §4012. Even then, the statute only permits removal of the prisoners to

11 “a safe and convenient place in the county, or the jail in a continuous county, as their

12 place of confinement . . . until they can be safely returned to the jail from which they

13 were taken.” Id. It does not allow the release of any prisoners, even pursuant to a

14 state court order, let alone on the sheriff’s own authority.

15

Gov. Code §8658 does not require Defendants to release prisoners, either. It

16 provides that the person in charge of the penal institution “may” remove inmates from

17 the institution in the event of an emergency endangering the lives of the inmates.

18 Even then, however, the statute requires the person in charge of the institution to

19 remove the inmates “to a safe and convenient place and there confine them as long as

20 may be necessary to avoid the danger.” §8658. Only when that is “not possible” may
21 the person in charge of the institution release the inmates. Id. Plaintiffs have made
22 no showing that the only way to protect inmates from COVID-19 is to release them 23 into the general population, and that is plainly an unsupportable conclusion. The 24 general population is also at risk for COVID-19 and there are remedial measures well 25 short of mass prisoner releases which Defendants have already implemented. Indeed, 26 the kind of mass transfers to another institution which are contemplated by §8658 27 would only increase, not reduce, the risk of infection. Plata, 2020 WL 1908776, at
*6.
28

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1

Far from requiring the mass release of prisoners on the whim of a sheriff

2 without a court order or other proper process, California law actually (and

3 unsurprisingly) prohibits it. Cal. Penal Code §4004 provides that prisoners confined

4 in a county jail must remain there “until legally discharged, and if the prisoner is

5 permitted to go at large out of the jail, except by virtue of a legal order or process, it is

6 an escape.”18 In fact, a sheriff who releases a prisoner “of his own motion” and

7 without the requisite court order is actually aiding and abetting an escape. Pedersen

8 v. Superior Court, 149 Cal. 389, 391 (1906) (decided under predecessor statute to

9 §4004).

10

Given the LASD’s massive multi-pronged efforts to reduce the County jail

11 inmate population by unprecedented numbers in response to COVID, and the serious

12 public safety considerations and limitations on the LASD’s authority that have kept

13 the remaining inmates in custody, Plaintiffs have not shown, and cannot possibly,

14 show that the failure to release Plaintiffs constitutes deliberate indifference.

15

In short, Defendants’ tireless efforts to implement policies to curb the threat of

16 COVID-19 in the face of the ever-changing situation proves that Defendants were not

17 deliberately indifferent. Thus, Plaintiffs cannot show any Eighth Amendment or

18 Fourteenth Amendment violations.

19

4. Plaintiffs Have Not Established A Likelihood Of Prevailing On

20

Their Disability Claims.

21

Plaintiffs give short shrift to their disability claims (TRO 31:3-11), which is

22 understandable. They are barred as a matter of law because Plaintiffs failed to

23 exhaust their administrative remedies. See Section IV(A), supra .

24

The claims are defective for other reasons as well. For example, the California

25 Disabled Persons Act (Complaint, ¶¶274-283) is “concerned solely with physical

26
18An exception is made “during the pendency of a criminal proceeding,” when “the 27 court before which said proceeding is pending may make a legal order, good cause
appearing therefor, for the removal of the prisoner from the county jail in custody of 28 the sheriff.” §4004.

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1 access to public spaces.” Wilkins-Jones v. City of Alameda, 859 F.Supp.2d 1039,

2 1054-1055 (N.D.Ca. 2012) (emphasis in original). Thus a jail prisoner can maintain a

3 claim under this statute only for denial of physical access such as the ability to access

4 toilets or walkways, id., none of which Plaintiffs allege. They allege the denial of

5 services and accommodations (Complaint, ¶278), to which the statute does not apply.

6 Id. And the Bane Act (Complaint, ¶¶284-290) requires Plaintiffs to show that

7 Defendants acted with “deliberate indifference” to their medical needs (M.H. v.

8 County of Alameda, 90 F.Supp.3d 889, 897-899 (N.D.Ca. 2013)), a standard Plaintiffs

9 cannot meet for the reasons already stated. See Section IV(C)(1)-(2), supra.

10

More broadly, Plaintiff cannot prevail on their disability claims because the

11 federal and state statutes they invoke require a showing that the alleged discrimination

12 was due to their disabilities. See, e.g., Martin v. California Department of Veteran

13 Affairs, 560 F.3d 1042, 1048 (9th Cir. 2009) (no ADA claim because plaintiff did not

14 show that defendant discriminated against her “by reason of” her disability); id. at

15 1049 (same; Rehabilitation Act is even stricter than ADA, requiring showing of

16 denial of service “solely by reason of” her disability); M.S. v. County of Ventura,
17 2016 WL 11506613, at *16 (C.D.Ca. Oct. 24, 2016) (no §11135 claim because no
18 showing plaintiff s were discriminated against on the basis of their disability); id. at
19 *16 (no Unruh Act claim because no showing that alleged discrimination was due to 20 plaintiffs’ disability).
Plaintiffs do not allege, and cannot show, that Defendants discriminated against
21
them because of their medical condition or other disability. There is no allegation, let
22
alone evidence, that Defendants treated Plaintiffs differently than any other group of
23
inmates ─ for example, giving masks to young and healthy prisoners while
24
withholding them from those who had medical conditions ─ let alone that any
25
disparate treatment was specifically and solely because of Plaintiffs’ medical
26
conditions. Plaintiffs have not shown, and cannot show, a likelihood of success on
27
any of their disability claims.
28

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1

D. Plaintiffs Have Not Met The Other Requirements For A TRO.

Because Plaintiffs have not shown that they are likely to prevail on the merits,
2

it is unnecessary for the Court to consider further the other requirements for issuance
3

4 of a temporary restraining order. Garcia v. Google, 786 F.3d 733, 740 (9th Cir.

2015). Even if the Court did so, however, it would find that Plaintiffs have not
5

satisfied these, either.
6

1. Plaintiffs Have Not Established That The Requested Relief Is

7

Necessary To Prevent The Irreparable Harm They Assert.

8

Plaintiffs argue that COVID-19 is a serious disease and the risk of contracting

9
it is heightened by their underlying medical conditions. TRO 32. That may be true,

10
but it is not the question here. The question is whether Plaintiffs have shown that

11
they are likely to contract COVID-19 absent a mass unsupervised prisoner release and

12
the other relief they request. Sato v. U.S.Bank, 2014 WL 12571041, at *2 (C.D.Ca.

13
Jan. 21, 2014) (plaintiff seeking TRO must demonstrate that irreparable injury is

14
likely absent the requested relief); Valentine v. Collier, 2020 WL 1934431, at *5 (5th

15 Cir. April 22, 2020) (“the question is whether Plaintiffs have shown that they will

16 suffer irreparable injuries even after accounting for the protective measures” already

17 implemented in prisons; since evidence did not satisfy that standard, preliminary

18 injunction in COVID-19 case stayed on appeal).

19

Plaintiffs have not remotely approached the required showing. Far from such

20 drastic relief being necessary, the measures already taken and being taken by

21 Defendants has ensured there has not been a single inmate death in the jails and only a

22 handful of positive cases, all of which have recovered or are recovering. Clark Dec.,

23 ¶9; Chase Dec. ¶29. Indeed, it is arguable that the very relief Plaintiffs seek ─ such as

24 release into the general population and would actually increase the risk of infection

25 rather than reduce it.

26

2. Plaintiffs Have Not Established That The Equities Favor

27

Them Or That An Injunction Is In The Public Interest.

28

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1

Nor can Plaintiffs show that the balance of equities favor them or that an

2 injunction is in the public interest.19 Plaintiffs assert that without the TRO, they “face

3 severe health risks, including death,” while Defendants only face “financial

4 concerns.” TRO at 33:2-8. Plaintiffs vastly understate Defendants’ interests while

5 overstating their own risks.

6

Defendants’ interests are not merely financial, though those are certainly

7 great.20 Far more important are Defendants’ interests, and thus those of the general

8 public, in the orderly administration of the jails and in maintaining public safety. See

9 Woodford v. Ngo, 548 U.S. 81, 94 (2006) (“It is ‘difficult to image an activity in

10 which a State has a stronger interest, or one that is more intricately bound up with

11 state laws, regulations, and procedures, than the administrations of its prisons.’”)

12 (quoting Preiser v. Rodriguez, 411 U.S. 475, 491-92 (1973)); Valentine v. Collier,

13 No. 20-20207, 2020 WL 1934431, at *5 (5th Cir. Apr. 22, 2020) (staying district

14 court’s injunction mandating extensive protocols at prisons due to COVID-19 because

15 state has strong interest in enacting prison policies). See also§35626(a) (in issuing

16 any prospective relief under PLRA, the court must give “substantial weight to any

17 adverse impact on public safety or the operation of a criminal justice system caused

18 by the relief.”)

19

Thus, the appellate court in Valentine v. Collier, 2020 WL 1934431, at *1 (5th

20 Cir. Apr. 22, 2020) stayed a preliminary injunction issued by the district court which

(like the proposed order Plaintiffs seek) would have micromanaged conditions in the
21

22

23

19These factors merge when the government is the defendant. Nken v. Holder, 556 U.S. 418, 435 (2009).

24 20Jaclyn Cosgrove, Los Angeles County Could See $1-Billion Decline in Sales Tax Revenue Due to Coronavirus, LA Times, Apr. 15, 2020,
25 5:03pm https://www.latimes.com/california/story/2020-04-15/los-angeles-countycould-see-1-billion-decline-in-sales-tax-revenue-due-to-coronavirus (last accessed
26 Apr. 27, 2020 (County could face $1-billion decline in sales tax revenue by June 30, 2020, and $2-billion decline by end of fiscal 2021; “‘“These are significant losses
27 which unfortunately will have a major effect on programs that the county administers on behalf of our 10 million residents,’ [Los Angeles County Chief Executive Officer
28 Sachi A.] Hamai said.”).

35

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1 prisons. “Among these is a plan within three days to test all . . . inmates for COVID-

2 19, as a well as a new plan to quarantine those who test positive, distribute physical

3 handouts with COVID-19 information to the inmates, clean common surfaces every

4 thirty minutes for fifteen hours each and every day, and to provide masks to all

5 inmates and staff members.” Id. at *5.

6

“As we’ve said before about such intrusive orders, this one

7

creates ‘an administrative hightmare’ for [defendant] ‘to

8

comply with the district court’s quotas and deadlines.’

9

[Citation.] ‘[T]he burden upon [defendant] in terms of

10

time, expense, and administrative red tape is too great’

11

while it must respond in other ways to the crisis.” Id.

12

The same is true here. Defendants have already responded to the crisis. They

13 have implemented numerous health and safety protocols. See Clark Dec., ¶¶12-20;

14 Chase Dec., ¶¶11-14 (robust screening for new arrestees); Clark Dec., ¶¶21-31, Chase

15 Dec., ¶¶21-22, 26-29 (comprehensive isolation, quarantine, and social distancing

16 methods for inmate population); Clark Dec., ¶¶35-45, Chase Dec., ¶¶30-31 (measures

17 to prevent infection spread to and from jail staff); Clark Decl¶¶46-47, Chse Dec.,

18 ¶¶15-20 (thorough sanitation practices for jail facilities).

19

In addition, to reduce overcrowding and permit ease of physical distancing,

20 quarantine, and isolation, they have already released 30% of the jail population.

Corbett Dec., ¶ 2. Those who remain in custody are largely violent offenders [Corbett
21

Dec., ¶ 6. Their unsupervised release21 would certainly present a threat to the general
22

public, not only because of the inmates’ criminal history but also because these
23

inmates (who by Plaintiffs’ own account have serious health issues) will likely lack
24
appropriate outside medical care and housing, increasing threat of infection to the
25

26
21Plaintiffs assert that conditions “that would require interaction with other people, 27 such as check-ins, should not be imposed” due to the risk of infection to the former
inmates. TRO 42, n.29. Plaintiffs express no concern about the risk of infection to 28 the general public.

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1 general public (as well as to the inmates themselves.)22 Indeed, these inmates could

2 well wind up in another congregate or institutional setting, such as a skilled nursing

3 home, where the infection and death rates is vastly greater than in the jails.23

4

(Plaintiffs’ solution to the released inmates’ likely lack of housing is to make

5 Defendants find and pay for that housing. Proposed Order, ¶1(g). Not only is this

6 wildly impractical, especially under the current conditions, it would certainly cost a

7 great deal more the “hygiene products” and “cleaning agents” which Plaintiffs seem

8 to think would be Defendants’ sole out of pocket expense. TRO 33:3-8).

9

Plaintiffs lamely suggest that their plans to release inmates and redesign the

10 jails would actually “benefit the jail staff” by decreasing the staff’s own risk of

11 infection. TRO 33:16-19. Plaintiffs’ altruism is commendable, but Defendants have

12 already implemented procedures to accomplish these goals, such as screening of

13 staff’s symptoms, providing hand sanitizer to staff, using tents outside facilities for

14 evaluation of symptoms, and providing face shields and masks to personnel working

15 directly with possible or confirmed COVID-19 inmates. Clark Dec. at ¶ 35.

16 While ignoring or minimizing the public safety, criminal justice administration, and 17 even financial harms to Defendants from their requested relief, Plaintiffs overstate the

18

19 22See Plata v. Newsom, 2020 WL 1908776 at *8 n.9 (N.D.Ca. 4/17/20) (denying

20

emergency relief, including prisoner releases, from state prisons: “Plaintiffs also do not appear to have considered questions surrounding the potential impact on public

21

health if inmates who might have been exposed to the virus while incarcerated are released without any testing or quarantine measures in place, or whether such

22

measures are feasible. Nor do Plaintiffs appear to have considered whether individuals whom they contend should be released would have at least the same

23

access to (denying

health care services that they do in TRO for prisoner release based on

CprOisVonID.”-)19S;e“ePaeltsiotioHnaebri‘bsi

rve.leBaasrer

at *6 would

24

needlessly put the public at risk by allowing him to potentially expose others outside the facility to the virus.”)

25 23Matt Hamilton, et al., As Death Toll Mounts at Nursing Homes, California Gets Help From the National Guard, Adds Rules, LA Times, Apr. 24, 2020 3:10pm
26 (updated 7:28pm) https://www.law.georgetown.edu/wpcontent/uploads/2018/07/Rule-18-Handout-1.Secara-1.pdf (last accessed Apr. 27,
27 2020) (“‘In terms of the vulnerable populations, the first priority has to be the skilled nursing facilities,’ said Dr. Christina Ghaly, health services director for L.A. County.
28 ‘That’s where the majority of the outbreaks have occurred.’”)

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1 harm to themselves. TRO 33:3-4 (without requested relief, Plaintiffs face “severe

2 health risks, including death.”) While COVID-19 is unquestionably a serious public

3 health danger, it is far from an automatic death sentence. In fact, not one jail inmate

4 has died from COVID-19. Clark Dec. ¶ 9.

5

And while there is a risk of infection at the jails, that risk is not significantly

6 abated in the general public. As of the morning of April 26, 2020, there were 41

7 patients with positive tests and 27 who were previously positive but who have

8 recovered in the jails. Clark Dec. ¶ 19. Los Angeles County alone has well over

9 40,000 confirmed cases of COVID-19. In fact, a recent USC/Los Angeles

10 Department of Health antibody test concluded that up to 440,000 people in Los

11 Angeles County may have been infected with COVID-19.24

12

Plaintiffs’ cited cases (TRO 33-34) are inapposite. Not one involves public

13 health or safety, jail administration, or inmate releases. The COVID-19 cases that do

14 consider these issues strike a balance very different than the one Plaintiffs urge on the

15 Court. Plata, 2020 WL 1908776 at *8 n.9 (N.D.Ca. 4/17/20) (denying emergency

16 relief, including prisoner releases, from state prisons); Habibi v. Barr at *6 (same);

17 Money v. Pritzker, 2020 WL 1820660, at *19 (N.D. Ill. Apr. 10, 2020) (same). As the

18 latter court observed in denying a TRO for prisoner releases on COVID-19 grounds:

19

“[E]very release order carries with it some risk to the rest

20

of the community. Has the inmate been exposed to the

virus while in custody? Does another vulnerable person—
21

perhaps an 80-year old mother with emphysema—live at
22

the residence where the inmate will be released? Does the
23

inmate have a history of mental instability or domestic
24

violence? Are there adequate safeguards—monitoring or
25

26
24Leigh Hopper, Early Antibody Testing Suggests COVID-10 Infections in L.A. 27 County Greatly Exceed Documented Cases, USC News, Apr. 20, 2020,
https://news.usc.edu/168987/antibody-testing-results-covid-19-infections-los-angeles28 county (last accessed Apr. 26, 2020).

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1

supervision—for releasees who are both vulnerable and

2

dangerous? How does the increased activity associated

3

with release orders in the quantities sought by Plaintiffs

4

comport with the mandate for social distancing?” Id.

5

Plaintiffs provide no answers to any of these questions, and their cited cases are

6 inapposite.25 Furthermore, questions about inmate health are far from the only ones

7 which must be considered, as Money recognized:

8

“Other compelling public interest considerations come

9

into play too. . . . Many of [the prisoners] are violent

10

offenders. Compelling a process to potentially release

11

thousands of inmates on an expedited basis could pose a

12

serious threat to public safety and welfare. The risk of

13

recidivism comes into play, as do concerns about victims’

14

rights. The question is not simply what is best for the

15

inmates ─ the public has vital interests at stake, too.” Id.

16

at *20.

17

The balance should be struck in favor of those vital public interests, especially

18 at the stage of a TRO being heard on little notice and no adequate opportunity for

19

20 25By way of example and not limitation, Plaintiffs’ reliance on Wilson v. Williams, 21 No. 4:20-cv-00794, 2020 WL 1940882 (N.D. Ohio Apr. 22, 2020) is misplaced. That
case pertained to the release of federal prisoners, so it did not face the same 22 federalism concerns as this case. Money, 2020 WL 1820660 at *15. Nor did 23 the federal prisoners have to exhaust state court remedies, which Plaintiffs failed to
do. Additionally, Plaintiffs cite to Cameron v. Bouchard for the premise that the 24 district court required the production of a list of possible class and subclass 25 members. TRO at 30:1-11. However, this part of the TRO was reversed on
rehearing. Because Plaintiffs are not entitled to a release order, there is no purpose in 26 requiring Defendants to provide a list of class and subclass members. See 27 Cameron v. Bouchard, No. 20-10949, 2020 WL 1952836, at *2 (E.D. Mich. Apr. 23,
2020) (not requiring production of similar type of list until court determines it has the 28 power to release inmates).
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1 Defendants to respond.

2 V. PLAINTIFFS ARE NOT ENTITLED TO THE REQUESTED

3

PRISONER RELEASES

4

As with the question of a bond, it is unnecessary for the Court to consider

5 Plaintiffs’ request for a mass prisoner release because Plaintiffs have not shown that

6 they are entitled to a TRO in the first place. However, Plaintiffs’ request is so

7 extraordinary, and so utterly without merit, that Defendants are compelled to point out

8 the innumerable additional reasons why it cannot be granted.

9

First, although Plaintiffs claim that their release request is brought pursuant to

10 §2241 (TRO 35:19-21, 39:11-14), in fact their challenge to jail conditions is a claim

11 under §1983. See Section IV(A), infra. A §1983 claim is not only subject to the

12 exhaustion of administrative remedies requirement (which Plaintiffs do not meet, as

13 shown in Section IV(A), supra), as a “civil action with respect to prison conditions” it

14 is further limited by the PLRA’s restrictions on prospective and injunctive relief. 18

15 U.S.C. §3626(a)(1)(A); see Johnson v. Breeden, 280 F.3d 1308, 1324 (11th Cir. 2002)

16 (§1983 action is a “civil action with respect to prison conditions” within the meaning

17 of the PLRA); Wolf v. Beauclair, 2015 WL 5768386, at *8 (D.Idaho Sept. 30, 2015)

18 (§3626 limits the prospective relief available in §1983 lawsuits on prison conditions).

19

Under the PLRA, prospective relief “shall extend no further than necessary” to

20 correct the (alleged) violation of federal rights and no prospective or injunctive relief

21 shall be granted unless the relief “is narrowly drawn, extends no further than

22 necessary to correct the violation of the Federal right, and is the least intrusive means

necessary to correct the violation.” §§3626(a)(1), (2).
23

Additionally, a prisoner cannot be released, including by TRO, unless there has
24
been a previous less intrusive order to remedy the violation of federal rights, and the
25
defendant has had time to comply with that prior order. §3626(a)(3)(A). Even when
26
those conditions have been met, a prisoner release order still can be issued only by a
27
three judge panel (§3626(a)(3)(B)) and only if that panel finds by clear and
28

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1 convincing evidence that (1) overcrowding was the “primary cause” of the violation

2 of a federal right and (2) no other relief will remedy the situation. §3626(a)(3)(E). It

3 scarcely needs to be said that not a single one of the requirements has been met.

4

Plaintiffs’ request for a mass prisoner release is not only legally defective but

5 lacks any factual support. Their request rests on the false premise that a “high risk”

6 medical condition by itself justifies release. It does not. United States v. Boone, 2020

7 WL 1865202, at *3 (E.D.Ca. April 14, 2020) (denying release for COVID-19 reasons

8 of prisoner who had high risk medical conditions but did not prove she was not a

9 flight risk; “Without more, the fact that Defendant is 57 years old and has high blood

10 pressure does not justify release”); United States v. McCurin, 2020 WL 1700030, at

11 *2 (E.D.Ca. April 8, 2020) (same; denying release to prisoner who had high risk

12 medical conditions but had serious criminal history and presented substantial danger

13 to the community; “Without more, the facts that Defendant is aging and has diabetes

14 do not justify release.”)

15

A second false premise is these prisoners would be much safer, and their health

16 better protected, outside the jails than in them. This too is untrue. The community at

17 large is hardly a COVID-free zone, especially for those with high risk medical

18 conditions. There is no showing that these prisoners have access to outside skilled

19 medical care or any other kind of supportive services necessary to safeguard either

20 their health or that of the general community.

These realities have caused numerous courts to deny release on COVID-19
21
grounds even if the prisoner suffers from high risk medical conditions. As the court
22
23 observed in United States v. Ryan, 2020 WL 1861662, at *3 (C.D.Ca. April 14, 2020), the “mere fact” that the defendant pretrial detainee suffered from asthma, which
24
admittedly placed him “in a clinical population at greater risk of coronavirus
25
infection,” did not warrant release because “even with asthma, Defendant is no
26
different from the subset of the public who must also reckon with asthma in the face
27
of potential COVID-19 exposure ─ a risk as prevalent outside prison as it inside.”
28

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1

Indeed, some courts have found that the risk to a medically vulnerable prisoner

2 may actually be greater in the general population than in prison. For example, the

3 court in Phea v. Pfeiffer, 2020 WL 1892427, at *2 (E.D.Ca. April 16, 2020) stated in

4 denying the release on COVID grounds of a convicted state prisoner who suffered

5 from diabetes, high blood pressure, asthma, and heart disease:

6

“[P]rison authorities may be able to isolate highly at-risk

7

prisoners, such as petitioner, more easily than isolation or

8

‘social distancing’ is achieved in the general population,

9

e.g., housing in administrative segregation, partial

10

lockdowns or transfers. Prisons are certainly able to order

11

their afflicted employees to stay at home, and can

12

probably, more easily find testing opportunities for their

13

essential employees than is yet possible for the general

14

population. Finally, prison and state officials are more

15

likely to know who may be best subject to compassionate

16

release under state laws than is the [Court].”

17

Plaintiffs also ask the Court to release prisoners notwithstanding any bail

18 previously set by the state courts, the facts supporting those bail decisions, or the

19 safety of the public. TRO 39:15-42:4, Proposed Order ¶1(b). Plaintiffs are not

20 entitled to a mass prisoner release, especially without bail. Plaintiffs assert that the

setting of any bail is evidence that “the individual could be released on bond without
21
presenting an undue public safety risk.” Proposed Order ¶1(b).
22
That has not been the law in California for decades. “Before legislative
23
amendments to the Penal Code in 1987, the only permissible purpose of bail was to
24
ensure the defendant’s presence in court.” Gray v. Superior Court, 125 Cal.App.4th
25
629, 642 (2005). “Now, ‘public safety . . . is the primary factor for the court to
26
consider in the setting of bail.’” Id.; see Cal. Penal Code §1275(a)(1) (“The public
27
safety shall be the primary consideration” in “setting, reducing, or denying bail.”)
28

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1 Thus a very high bail, such as the $1.4 million bail set for plaintiff Avila, indicates

2 that the state court believed he/she was a very great public safety risk.

3

Indeed, during this health crisis, the California Judicial Council has reinforced

4 the principle that setting or retaining bail does indicate a public safety risk. Under

5 Emergency Rule 4, adopted April 6, 2020, all prisoners detained on bail have had

6 their bail reduced to zero ─ except that bail is retained for those whose release is

7 deemed to present an undue risk to public safety because of the seriousness of the

8 crimes with which they are charged.26 Plaintiffs completely ignore this statutory

9 structure. They seek the release of all pretrial detainees who are allegedly medically

10 vulnerable, without limiting either the class or subclass to non-violent offenders.

11 Complaint, ¶¶158-161.

12

All pretrial detainees who qualify under Emergency Rule 4 have already had

13 their bail reduced to zero. The pretrial detainees who remain in custody with bail are

14 those whom California has already deemed to present the very kind of threat to public

15 safety which Plaintiffs airily assert, without authority or proof, does not exist. The

16 Court should not ignore, much less override, California’s determination.

17 VI. CONCLUSION

18

For the reasons set forth above, Plaintiffs cannot show that they meet any of the

19 requirements for issuance of a temporary restraining order. The ex parte application

20 should be denied in its entirety.

21

Alternatively, in the event that the Court is inclined to grant any of the

requested relief, Defendants respectfully request that before the Court rules, the Court
22

grant Defendants’ application for an extension of time to respond more fully for the
23

reasons set forth therein.
24

25

26
27 26Examples include unlawful possession of a firearm, threatening death or great bodily injury, violation of protective orders, domestic abuse, stalking, and enumerated
28 sex offenses, and DUIs. See Emergency Rule 4(c)(1)-(13). 43
DEFENDANTS’ OPPOSITION TO EX PARTE APPLICATION FOR TRO
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1 DATED: April 27, 2020
2 3 4 5 6 7

GLASER WEIL FINK JACOBS HOWARD AVCHEN & SHAPIRO LLP
And
LAWRENCE BEACH ALLEN & CHOI, PC And OFFICE OF THE COUNTY COUNSEL And LAW OFFICES OF KAREN JOYNT

8

9
By: Andrew Baum /s/

10

ANDREW BAUM

Attorneys for Defendants

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
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Exhibit A

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STATEWIDE EMERGENCY BAIL SCHEDULE
PURPOSE Effective immediately, and no later than 5 p.m. on April 13, 2020, in accordance with the Emergency Rules during the COVID-19 pandemic as issued by the Judicial Council on April 6, 2020, the 2020 Misdemeanor & Infraction Bail Schedule, and the 2020 Felony Bail Schedule are hereby amended as follows.
MANDATORY APPLICATION The Emergency Bail Schedule applies to every person arrested and in pretrial custody, and to every accused person held in pretrial custody.
DURATION OF THE EMERGENCY BAIL SCHEDULE This Emergency Bail Schedule will remain in effect until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until the amended or repealed by the Judicial Council.
SETTING OF BAIL & EXCEPTIONS
The bail for all misdemeanor and felony offenses must be set at $0, with the exception of only the offenses listed below:
1.) A serious felony, as defined in Penal Code § 1192.7(c), or a violent felony, as defined in Penal Code § 667.5(c);
2.) A felony violation of Penal Code § 69, Obstructing or Resisting Executive Officer in Performance of Duties;
3.) A violation of Penal Code § 166(c)(1), Contempt of Court;
4.) A violation of Penal Code § 136.1, Intimidation of Witnesses and Victims, when punishment is imposed under § 136.1(c), (accompanied by force or by an express or implied threat of force or violence; in furtherance of a conspiracy; with a prior conviction for a violation of this section, or, when committed for pecuniary gain);
5.) A violation of Penal Code § 262, Rape of a Spouse;
6.) A violation of Penal Code § 243(e)(1), Intimate Partner Battery, or § 273.5, Domestic Violence;
7.) A violation of Penal Code § 273.6(a) if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party;

Case 2:20-cv-03760-RGK-PLA Document 28-1 Filed 04/27/20 Page 9 of 46 Page ID #:1248

8.) A violation of Penal Code § 422, Criminal Threats, where the offense is punished as a felony;

9.) A violation of Penal Code § 646.9, Stalking

10.)

A violation of an offense listed in Penal Code § 290(c), Offenses subject to

Sex Offender Registration;

11.)

A violation of Vehicle Code § 23152 or 23153, Driving Under the

Influence;

12.)

A felony violation of Penal Code § 463, Looting during Emergency or

Evacuation; and

13.)

A violation of Penal Code § 29800, Possession of a Firearm by a

Prohibited Person.

ABILITY TO DENY BAIL Nothing in the Emergency Bail Schedule restricts the ability of the court to deny bail as authorized by Article 1, § 12, or § 28(f)(3) of the California Constitution. (See below)
APPLICATION OF THE 2020 BAIL SCHEDULE FOR INFRACTIONS & MISDEMEANORS AND THE 2020 FELONY BAIL SCHEDULE The current countywide bail schedules remain in effect for all offenses not listed in exceptions (1) through (13) as set forth above in this Emergency Bail Schedule, including any count-specific conduct enhancements and any status enhancements.
BAIL FOR VIOLATIONS OF POST-CONVICTION SUPERVISION Under the statewide Emergency Bail Schedule, bail for all violations of misdemeanor probation, whether the arrest is with or without a bench warrant, must be set at $0.
(Practice Tip: Bail for all Misdemeanor Probation Violations will be $0.)
Bail for all violations of felony probation, parole, post-release community supervision, or mandatory supervision, must be set in accord with the statewide Emergency Bail Schedule, or for the bail amount in the court’s regular bail schedules for charges of convictions listed in exceptions (1) through (13) above, including any enhancements.
(Practice Tip: Bail for all felony probation & other violations will be $0, except for the 13 exceptions which will have bail set per the regular bail schedule amounts, rather than at “No Bail.”)

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California Constitution Article 1, § 12
A person shall be released on bail by sufficient sureties; except for:
(a) Capital crimes when the facts are evidence or the presumption great;
(b) Felony offenses involving acts of violence on another person, or felony sexual assault offenses on another person, when the facts are evident or the presumption great and the court finds based upon clear and convincing evidence that there is a substantial likelihood the person’s release would result in great bodily harm to others; or
(c) Felony offenses when the facts are evident or the presumption great and the court finds based on clear and convincing evidence that the person has threatened another with great bodily harm and that there is a substantial likelihood that the person would carry out the threat if released.
California Constitution Article 1, §28(f)(3)
Public Safety Bail
A person may be released on bail by sufficient sureties; except for capital crimes when the facts are evidence or the presumption great. Excessive bail may not be required. In setting, reducing or denying bail, the judge or magistrate shall take into consideration the protection of the public, the safety of the victim, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at the trial or hearing the case. Public safety and the safety of the victim shall be the primary considerations.
A person may be released on his or her own recognizance in the court’s discretion, subject to the same factors considered in setting bail.
Before any person arrested for a serious felony may be released on bail, a hearing may be held before the magistrate or judge, and the prosecuting attorney and the victim shall be given notice and reasonable opportunity to be heard on the matter.
When a judge or magistrate grants or denies bail or release on a person’s own recognizance, the reasons for that decision shall be stated in the record and included in the court’s minutes.

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Exhibit B

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Volume 8 - Inmate Grievance Manual

• 8-01/000.00 Preamble to the Inmate Grievance Policy

The policy of Custody Operations is to provide inmates the means for expressing and resolving grievances and an administrative mechanism for review of Departmental policies, decisions, actions, conditions, or omissions that have a material adverse effect on their health, safety, welfare, participation and/or access to programs.

The purpose of this policy is to establish and maintain a fair, objective and effective grievance process through which resolutions of inmate grievances are achieved at the lowest possible administrative level with timely responses to the aggrieved, and affording reasonable opportunities to appeal to the next level of review.

Resolutions to grievances and appeals shall focus on correcting an identified problem.

Except where specified by this policy, the subsequent procedures shall be applicable to non-medical and nonmental health inmate requests, grievances, and appeals.

For information regarding healthcare inmate requests, grievances, and appeals, refer to section 8-03/020.00, "Healthcare Grievances."

• 8-01/005.00 Filing of Requests, Grievances, and Appeals

Any inmate desiring to request a service, information, or file a grievance regarding an issue related to his or her confinement shall be permitted, and instructed as necessary, to initiate an Inmate Request Form, Inmate Grievance Form, and/or appeal to the next level of review through the procedures established in this policy. Completed forms can be submitted by placing them in any of the secured inmate grievance boxes located throughout the jail, or by handing them to any custody staff member, or supervisor. In addition, inmate requests, grievances, and appeals can be registered through the use of computer tablets available to inmates at various jail locations.

When submitting requests, grievances, or appeals, the inmate shall describe the specific issue and the relief and/or information requested. In order to ensure the orderly processing of requests, grievances, and appeals, and to afford handling personnel adequate time to address them, inmates shall only place a single issue on each request, grievance, or appeal form.

Inmates who are unable to complete a written or electronic form because of a disability, language barrier, or illiteracy may raise grievances or requests verbally, and Department personnel shall assist these inmates with completing the form. Any question regarding the level of assistance to be provided to an inmate with a disability shall be resolved by summoning the assistance of Correctional Health Services personnel.

Department members shall make every effort to address an inmate grievance regardless of the language or categorization of the grievance by the inmate.

If an inmate submits a written request or grievance on some other form, personnel who retrieved it shall return it to the inmate along with the correct blank form and provide the inmate with assistance to complete it as

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needed.

Procedures established by this policy do not preclude an inmate’s ability to express their concerns informally through day to day interactions with staff or during periodic Town Hall meetings. Refer to CDM section 514/005.00, "Town Hall Meetings."

• 8-01/010.00 Accountability for Inmate Grievances

Failing to provide an inmate with a grievance form when requested, failing to respond appropriately to a grievance, destroying a grievance or concealing grievances, attempting to intimidate an inmate from filing a grievance, and retaliating against an inmate who has filed a grievance, may each be a cause for disciplinary action.

• 8-01/020.00 Responsibilities

It shall be the responsibility of line personnel on each shift to ensure an adequate supply of Inmate Request Forms, Inmate Grievance Forms, and medical envelopes are available and reasonably accessible to inmates in the housing location. Line supervisors shall check each housing location a minimum of once per shift to ensure the forms and medical envelopes are reasonably available.

Whenever possible, housing officers shall answer all informal requests for general information concerning the inmate and address any informal requests during the shift in which they are received. In instances where this is not possible, any requests for information that have not been addressed shall be relayed to respective personnel of the following shift for appropriate handling. Refer to section 8-02/005.00, "Informal Requests."

Inmate Grievance Forms given directly to the housing officer shall not be refused. Line personnel who receive a request, grievance, or appeal from an inmate shall give the form(s) to the floor sergeant, who shall review and time stamp the form(s) and assign any informal requests to housing area personnel. Emergency grievances as delineated in section 8-03/010.00, "Emergency Grievances," or those requiring priority handling (see “Line Sergeant Responsibilities”), shall be delivered promptly to the watch commander for further review and assignment. General requests and non-emergent grievances shall be placed in locked collection bins for retrieval by the Unit Inmate Grievance Team.

LINE SERGEANT RESPONSIBILITIES

Line sergeants shall be responsible for collecting inmate requests, grievances, and appeals, from all secured inmate grievance boxes located throughout the jail, in keeping with the collection times established in the respective facility’s unit orders, but no less than once per day. The number of forms retrieved shall be recorded in the designated section of the electronic Uniform Daily Activity Log (e-UDAL).

Whether collected from secured inmate grievance boxes or delivered to staff directly by the filing inmate, request, grievance, and appeal forms shall be time stamped and reviewed by line sergeants. As part of their review, line sergeants shall identify any requests, grievances, and appeals requiring priority handling, confirm the dates of submission and verify that only one issue is addressed per form, sign and date the forms, and ensure the inmate has taken his or her copy. The forms shall be sorted by category. Informal requests shall be assigned by the sergeant to a staff member to handle promptly (refer to section 8-02/005.00, "Informal Requests").

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In addition, line sergeants shall be responsible for, at least once per day, reviewing any inmate requests, grievances, and appeals received via computer tablet to identify any which may require priority handling.

PRIORITY HANDLING

During the collection and review of inmate requests, grievances, and appeals, line sergeants shall identify any of which concern healthcare, including grievances against medical and mental health staff, and promptly time stamp and deliver these to an on-duty supervising staff nurse. Correctional health Services (CHS) personnel receiving a medical or mental health grievance shall time stamp, review, and process them in accordance with unit orders established by CHS. Line sergeants identifying priority grievances outlined in section 8-03/005.00, "Inmate Grievances" and emergency appeals, shall handle them as follows:

In cases of an emergency, determine if the situation requires prompt action to protect the life or safety of the inmate, and, if so, shall take any appropriate action
Promptly ensure a reference number has been issued through the Custody Automated Reporting and Tracking System (CARTS)
Promptly deliver the inmate request, grievance, and/or appeal to the watch commander
Ensure a copy of the inmate request, grievance, and/or appeal is placed in a secured collection bin centrally located within each floor, area or building, pending retrieval and tracking by Inmate Grievance Team members.
Watch commanders presented with any of the requests, grievances, or appeals requiring priority handling shall review them with priority and ensure they are addressed in accordance with the procedures set forth in this policy.

Supervising staff nurses presented with any requests, grievances, or appeals shall review and address them in accordance with CHS policy. Refer to section 8-03/020.00, "Healthcare Grievances."

All other requests and grievances shall be time stamped and placed in secured collection bins centrally located within each floor, area or building, pending retrieval by Inmate Grievance Team personnel.

In the event that a line sergeant is not available to perform the collection as noted, he or she shall notify the watch commander who shall reassign this task to another line sergeant(s).

WATCH COMMANDER'S RESPONSIBILITIES

It shall be the watch commander’s responsibility to ensure Inmate Grievance Forms, Inmate Request Forms, and appeals forms are collected from secured inmate grievance boxes as established in the facility’s unit orders, but no less than once per day. The watch commander shall regularly review the e-UDAL to ensure the supervisors collecting Inmate Grievance and Inmate Request Forms are signing the e-UDAL as required.

Watch commanders shall review and approve all dispositions involving resolved grievances against staff as stated under section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications."

NOTE: In cases of allegations concerning employee misconduct, the watch commander shall forward a memorandum with all related documents to the unit commander with his or her recommendation as to whether or not an administrative or criminal investigation is warranted.

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UNIT COMMANDER RESPONSIBILITIES

In consultation with the Division Inmate Grievance Coordinator, unit commanders shall designate an Inmate Grievance Team at their respective facilities. The unit commander for Pitchess Detention Center (PDC) North shall designate the Inmate Grievance Team for North and South facilities. While a formalized Inmate Grievance Team will not be required for the Inmate Reception Center (IRC), the unit commander of IRC shall designate a sergeant who will be responsible to perform the duties of the Unit Inmate Grievance Coordinator, as applicable, and shall establish a unit order describing the process by which all grievances, requests, and/or appeals are collected, reviewed, and handled in accordance with this policy.

The unit commander, or designee, shall review and sign the final disposition of completed inmate grievances against staff and emergency grievances, as specified in section 8-03/040.00, "Grievances Against Staff." If during the review, the unit commander or designee determines the disposition to be inappropriate, the grievance shall be returned to the supervisor who approved the disposition for additional investigation or review.

Upon reviewing and approving their dispositions, unit commanders shall ensure that grievances against staff alleging that any level of force was used to retaliate against the aggrieved inmate are scheduled for review by the Custody Force Review Committee (CFRC). CFRC shall review the grievance at its next meeting, or the meeting threafter, following the unit commander's approval of the disposition. Refer to CDM section 707/020.00, "Custody Force Review Committee."

In addition, the unit commander shall direct, when appropriate, any additional training, counseling, or mentoring, when a grievance against staff involving a use of force allegation results in a disposition of "Appears Employee Conduct Could Have Been Better," and document the action(s) taken. As part of the assessment and determination of the most appropriate course of action, unit commanders shall review the involved employee's Personnel Recording and Monitoring System (PRMS) record(s) and/or personnel file(s).

Should an inmate grievance investigation result in a disposition wherein the "Employee Conduct Should Have Been Different," the unit commander shall determine the following course of action:

Train, counsel, and/or mentor the employee; Initiate an administrative or criminal investigation, as appropriate.
For further information regarding dispositions for requests or grievances refer to section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications."

Unit commanders shall review first-level appeals of general grievances (refer to sections 8-04/030.05, "Appeals of Grievances - Not Against Staff" and 8-04/030.15, "Appeals of Emergency Grievances"), and ensure that if the review of an appeal of a grievance against staff results in a disposition modification not reflected in the original "Result of Inmate Grievance Against STaff Review" form (SH-J-455), the required documentation is completed as delineated in section 8-04/030.10, "Appeals of Grievances Against Staff."

Unit commanders shall be responsible for ensuring the inmate grievance process is implemented and maintained within their respective facilities, bureaus, or units in accordance with these policies and procedures. In addition, they shall establish unit orders, as appropriate, to address the operations of their facility's Inmate Grievance Team, and the handling of inmate requests, inmate grievances, and appeals, according to the specific needs of the facility. Unit commanders shall ensure grievance positions and

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responsibilities are appropriately staffed during designated times in accordance with established unit orders to ensure consistency in collecting and processing inmate grievances and requests.

While every effort shall be made by line sergeants to ensure inmate requests, grievances, and appeals are collected from secured inmate grievance boxes once every shift, unit orders shall specify they be collected and reviewed no less than once per day. The time(s) of said collection shall be coordinated with the Unit Inmate Grievance Team's collection, and shall be determined by the needs of the unit as designated by the respective unit commander.

INMATE GRIEVANCE TEAMS

Inmate Grievance Teams at MCJ, TTCF, Century Regional Detention Facility (CRDF), and the North County Correctional Facility (NCCF), shall be comprised of, at minimum, a supervising line deputy, a custody assistant and/or other appropriate professional staff, and shall be supervised by at least one sworn supervisor of the minimum rank of a sergeant who will serve as the Unit Inmate Grievance Coordinator and report to the Division Inmate Grievance Coordinator.

Due to the unique composition of PDC's North and South facilities, one (1) Inmate Grievance Team will assume the described responsibilities at both of these facilities and will coordinate with the concerned Compliance Lieutenant to ensure adherence with this policy.

Members of the Inmate Grievance Team shall be responsible for collecting from centrally located collection bins those requests and grievances not handled by line sergeants. Each Inmate Grievance Team shall also be responsible for reviewing, categorizing, tracking, and forwarding requests, grievances, and appeals to the appropriate person or unit for investigation and handling, and shall assist with responding to inmates as appropriate. In addition, they shall scan and enter all non-electronic grievances, general requests, and appeals forms they collect into CARTS, including the collection times, and assign them reference numbers.

UNIT INMATE GRIEVANCE COORDINATOR RESPONSIBILITIES

Unit Inmate Grievance Coordinators shall be responsible for ensuring Inmate Request Forms, Inmate Grievance Forms, and appeals forms, are collected from collection bins daily, excluding weekends and holidays, by their Inmate Grievance Teams, and inmate notifications are made, as specified in this policy.

Unit Inmate Grievance Coordinators shall be responsible for regularly tracking the facility’s handling of inmate grievances to ensure the investigations are completed reasonably and within established time frames, and inmates are notified of the results of the investigations.

Unit Inmate Grievance Coordinators shall ensure all pertinent information regarding grievances is entered and tracked in CARTS and the entries reflect the nature and status of each grievance and personnel assigned to address the concerns

In order to ensure appropriate tracking in CARTS, the Unit Inmate Grievance Coordinator shall be responsible for consulting with the watch commander, or supervising lieutenant, to ascertain which supervisor will be assigned to handle priority grievances and grievances against staff.

Except where specified by this policy, the Unit Inmate Grievance Coordinator shall be responsible for

investigating any grievances which do not fall under the jurisdiction of another sub-unit or supervisor.

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Unit Inmate Grievance Coordinators shall provide a monthly report to unit commanders and the Division Inmate Grievance Coordinator regarding the status of inmate grievances and the timeliness of facility investigations, responses, appeals, and notifications to inmates of the results of the investigations and grievance appeals. The report shall also include an analysis of any identified problematic trends. Unit Inmate Grievance Coordinators shall provide the Division Inmate Grievance Coordinator with status updates and follow-up regarding any areas of concern involving inmate requests, grievances, and appeals as needed, or upon request.

General requests, grievances, or appeals received electronically or in written form, shall be directed to the appropriate facilities, bureaus, or units in CARTS and shall be handled in accordance with section 804/040.00, "Time Frames."

The Unit Inmate Grievance Coordinator shall be responsible for making a determination as to which unit and/or person is to be assigned to handle inmate requests, grievances, and appeals. The Unit Inmate Grievance Coordinator shall consult with the watch commander, or supervising lieutenant, as needed to determine which supervisor will be assigned to handle any emergency grievances, priority requests, appeals, and/or grievances against staff.

In the absence of the sergeant assigned to this position, an Inmate Grievance Team supervisor may be temporarily designated to assume the responsibilities of the Unit Inmate Grievance Coordinator, as directed by the concerned facility's compliance lieutenant. In addition, unit commanders may authorize the performance of limited duties by a trained Inmate Grievance Team member.

COMPLIANCE LIEUTENANT'S RESPONSIBILITIES

Each facility's compliance lieutenant shall serve as the direct supervisor of the Unit Inmate Grievance Coordinator, and the activities of the Inmate Grievance Team. Refer to CDM section 7-07/030.00, "Compliance Lieutenant."

RESPONSIBILITIES OF SUB-UNITS

Unit commanders of specialized units and/or bureaus such as Food Services Unit (FSU), Population Management Bureau (PMB), Custody Investigative Services (CIS), and Inmate Services Bureau (ISB) shall establish unit orders to ensure all grievances or requests involving their unit are reasonably addressed and responded to within fifteen (15) calendar days from the date they are received by the Sheriff's Department, in accordance with section 8-04/040.00, "Time Frames." In addition, the units shall ensure that the final disposition is entered in CARTS, and coordinate with CHS to ensure that the handling of medical and/or mental health inmate grievances are tracked by the Department in CARTS. Each bureau or unit shall designate an Inmate Grievance Coordinator who shall ensure CARTS is updated with the final disposition of the grievance or request. The coordinator shall forward approved dispositions of grievances against staff to the unit commander or designee for approval and signature.

DIVISION INMATE GRIEVANCE COORDINATOR RESPONSIBILITIES

A Division Inmate Grievance Coordinator, at the minimum rank of lieutenant, assigned to Custody Support

Services (CSS), shall be responsible for coordinating the review of appeals, communicating with each of the facilities, bureaus, and units regarding inmate grievances and Inmate Grievance Team activities, and for

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conducting regular audits to ensure compliance with the Division's grievance and appeals policy (refer to section 8-04/030.00, "Appeals Process and Structure"). The Coordinator will ensure grievance responses are completely answered and stated in clear, understandable language. In the absence of the lieutenant assigned to this position, a sergeant may be temporarily designated to assume the responsibilities of the Division Inmate Grievance Coordinator.

• 8-02/005.00 Informal Requests

An informal request is a request that can be quickly resolved by a line staff member. This type of request may be conveyed by an inmate either through his/her day-to-day dialogue with personnel, or by completing and submitting an Inmate Request Form, in writing or through the use of an electronic tablet, if available.

Examples of informal requests include, but are not limited to:

Trust Account balance Commissary kiosk access Hair cut A hygiene kit ("fish kit") Library time Release date Court date State Prison ("SP") status Arrest charge(s) Hold(s) Telephone PIN Shoes, mattress, or linen replacement Inmate uniform replacement
Informal requests do not require a reference number. Note: When filed via computer tablet, an informal request that is not a request for information will generate a reference number in the Custody Automated Reporting and Tracking System (CARTS) and be directed to the housing area's electronic Uniform Daily Activity Log (eUDAL) for handling. When possible, the request shall be handled by line/housing staff during the shift in which it is received. In instances where this is not possible, any informal requests that have not been addressed shall be relayed to respective personnel of the following shift for appropriate handling.

• 8-02/010.00 General Requests

Any requests requiring follow-up beyond the line or housing staff’s capabilities, shall be submitted on an Inmate Request Form and require reference numbers.

Examples of general requests and the units to which they are assigned include, but are not limited to:

Electronic monitoring - Community Based Alternatives to Custody unit (CBAC)

Re-entry services - Community Transition Unit (CTU)

Veteran's assistance - CTU

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General Relief - CTU Homeless services - CTU Educational programming and Fire Camps, including Milestones and vocational classes - Education Based Incarceration unit (EBI) Participation in Custody Conservation Work programs - Prisoner Personnel Office (PPO) Religious and volunteer services - Office of Religious and Volunteer Services (RVS)
The Inmate Request Form is not meant to discuss issues at length, nor is it to be utilized by inmates for resolution of grievances against staff. These types of concerns are to be submitted on an Inmate Grievance Form.

The inmate shall place a single request per form. If the inmate includes on a single form multiple unrelated requests, the form shall be returned and the inmate advised to use a separate form for each unrelated request.

Inmate requests shall be handled to conclusion and updated in Custody Automated Reporting and Tracking System (CARTS) within fifteen (15) calendar days from the date they were received by the Inmate Grievance Team in accordance with section 8-04/040.00, "Time Frames," absent exceptional circumstances. Refer to section 8-04/040.05, "Extensions."

Exceptions to this time frame may include requests which require research or the involvement of other units or bureaus, as may be the case with requests for credit calculation or inmate program placement. Other complications or delays with resolving inmate requests shall be brought to the attention of a supervisor.

An inmate’s signature is not required for the disposition portion of any type of request.

Inmate requests cannot be appealed. Inmates dissatisfied with a response to an Inmate Request Form shall complete and submit an Inmate Grievance Form to seek a resolution. If an inmate does not receive a response to a request within fifteen (15) calendar days, he or she may file a second request or submit an Inmate Grievance Form.

Any Inmate Request Forms received related to healthcare shall be delivered, in person, to an on-duty supervising staff nurse.

• 8-02/020.00 Positive Comments by Inmates

An inmate may request to make a positive comment about an employee by checking the appropriate box on the Inmate Request Form. A brief description of the staff member’s actions may be included in the narrative portion of the form. The positive comment shall be entered and processed in the Custody Automated Reporting and Tracking System (CARTS).

Supervisors shall assess and verify the nature of the actions of an employee being commended as described by an inmate. If it is determined that the employee’s actions warrant recognition, supervisors may process an Employee Performance Log Entry (PLE), or an appropriate commendation in accordance with established Department policies. Refer to Manual of Policy and Procedures (MPP) section 3-02/140.00, "Commendations."

• 8-03/005.00 Inmate Grievances

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Any inmate under the Department's jurisdiction may grieve and appeal any decision, action, condition, or omission by the Department or its staff that the inmate can demonstrate as having a material adverse effect on his or her health, safety, or welfare. A material adverse effect means harm or injury that is measurable or demonstrable or the reasonable likelihood of such harm or injury.
Non-grievable issues include, but are not limited to, final appeal dispositions, and any decision or action outside the jurisdiction or control of the Department, such as matters related to federal, state, or local laws, parole or probation actions, judicial proceedings, or decisions of the courts.
A grievance against staff is defined as a grievance alleging staff behavior which would be a violation of law, regulation, policy, or procedure. Refer to 8-03/040.00, "Grievances Against Staff."
In order to avoid duplicate or excessive entries and the disruption of orderly and timely processing of grievances and appeals, inmates may only submit two (2) non-emergent grievances per week, and no more than four (4) grievances in a month. Medical grievances, emergency grievances, grievances related to the Prison Rape Elimination Act (PREA) or Americans with Disabilities Act (ADA), and grievances against staff, use of force, retaliation, harassment, and/or racial or identity profiling, are not subject to this limit. Refer to 804/050.00, "Duplicate Filings of Grievances and Appeals, and Restriction of Filing Privileges."

PRIORITY GRIEVANCES
Personnel collecting, sorting, and processing completed Inmate Grievance Forms shall be careful to identify grievances requiring priority handling and to ensure they are handled according to protocols established in this policy. Examples of grievances which require priority handling include, but are not limited to:
Emergency Grievances Healthcare Grievances Americans with Disabilities Act (ADA)-Related Grievances Grievances Against Staff Grievances of Retaliation Prison Rape Elimination Act (PREA)-Related Grievances
While priority grievances shall be brought to the attention of the watch commander, those concerning healthcare, including grievances against medical and mental health staff, and those related to ADA that have been determined to require handling by health services staff, shall be delivered to an on-duty supervising staff nurse upon collection and handled in accordance to procedures in established Correctional Health Services (CHS) policy. Refer to section 8-01/020.00, "Responsibilities," for further additional information regarding the handling of priority requests, grievances, and appeals.

INMATE GRIEVANCE PROCEDURES

Inmate grievances shall be completed and submitted electronically, through the use of electronic tablets, or on an Inmate Grievance Form. The inmate shall place a single grievance per form. If the inmate includes on a single form multiple unrelated grievances, the form may be returned and the inmate advised to use a separate

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form for each unrelated grievance. Aggrieved inmates are required to sign and date the Inmate Grievance Form.

If during the processing or inquiry of an inmate’s issue, it is determined the concerned inmate is only requesting information or a service, and is not grieving a decision, action, condition, or omission by the Department or its staff, the grievance shall be recategorized and handled as a general request. Refer to CDM 8-02/010.00, "General Requests."

An inmate may assist another inmate in the preparation of his or her grievance. An inmate shall not submit a grievance on behalf of another inmate, except when they are doing so in regard to allegations of sexual abuse or circumstances that threaten the life or safety of another inmate. For further information refer to CDM sections 3-04/025.00, "Prison Rape Elimination Act of 2003" and 8-03/060.00, "PREA-Related Grievances."

Grievances which are not against staff or related to PREA must be filed by an inmate within fifteen (15) calendar days from the date of the incident. Refer to section 8-04/040.00, "Time Frames." Grievances against staff, including allegations of retaliation or use of force, must be filed by an inmate within thirty (30) calendar days from the date of the incident. There shall be no deadline for filing PREA-related grievances by inmates.

If an inmate is housed in disciplinary segregation during any portion of the first fifteen (15) calendar day period following the incident, the inmate shall have fifteen (15) additional calendar days from the date he or she is released from segregation, or an additional 30 days for grievances involving retaliation or use of force.

Inmate grievances shall be investigated, resolved, and responded to within fifteen (15) calendar days from the date the grievance was received by the Sheriff’s Department, absent exceptional circumstances, which must be documented. (Refer to section 8-04/040.05, "Extensions.")

Grievances that require a prolonged investigation such as in allegations of force, administrative, or criminal investigations, shall be referred to the concerned unit or entity and updated with an interim status in the Custody Automated Reporting and Tracking System (CARTS). The aggrieved inmate shall be given his or her copy of the Interim Status Notification Form (refer to section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications") and be informed of the grievance's referral for investigation by the appropriate unit. The inmate shall sign the printed Interim Status Notification Form to document receipt of the written response.

Time frames for grievances resulting in unit level investigations, Internal Affairs Bureau (IAB) investigations, Internal Criminal Investigations Bureau (ICIB) investigations, or alleged use of force investigations, will be determined by established Department policies.

• 8-03/010.00 Emergency Grievances

An emergency grievance is defined as an urgent matter wherein a disposition according to the regular time limits could subject the inmate to immediate risk of death, personal injury, or irreparable harm. Emergency grievances should not, however, be used by inmates as a substitute for verbally or otherwise informing staff of an emergency situation requiring immediate response.

When an inmate requests a grievance form for an emergency grievance, the inmate shall be given the form without delay.

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Additionally, in order to mitigate the possibility of an inmate being over-detained, any claim by an inmate wherein he or she alleges to have been held in custody beyond his or her release date shall be handled as an emergency grievance. For additional information regarding alleged over-detentions, refer to CDM section 514/050.00, "Alleged Over-Detentions."
Personnel receiving any Inmate Grievance Form marked as an emergency shall determine if the situation requires prompt action to protect the life or safety of the inmate or others, and, if so, shall take any appropriate action. Personnel shall give the emergency grievance to a sergeant and notify him or her of the situation without delay. The sergeant shall promptly review the emergency grievance, verify that appropriate action has been taken to address the emergency, and initiate any additional actions to protect the life or safety of the inmate or others. The handling sergeant shall also be responsible for ensuring the Inmate Grievance Form is time stamped and a reference number is assigned in the Custody Automated Reporting and Tracking System (CARTS).
The sergeant shall promptly notify the watch commander of the emergency grievance, who shall confirm the emergency exists and, if so, shall ensure appropriate action has been taken to protect the inmate and to resolve the issues which gave rise to the emergency. The watch commander shall further ensure a written response is provided to the inmate within five (5) calendar days documenting what action was undertaken to address the situation which gave rise to the emergency.
After collecting a grievance in which the inmate is claiming his or her life is in danger, the sergeant shall expedite the process for determining if the grievance is an emergency by checking on the inmate’s welfare and promptly notifying the inmate of the determination.
If it is determined an emergency does not exist, the watch commander or designated sergeant shall notify the inmate as soon as practical, but not later than five (5) calendar days, that the grievance will be handled as a non-emergency grievance and document why it was determined not to be an emergency. In addition, any aspects of an emergency grievance deemed to not be an emergency shall be subject to the general inmate grievance process and deadlines set forth in the Inmate Grievance Policy.
When an emergency grievance is received in written form, the watch commander shall ensure the bottom portion of the Inmate Grievance Form is completed by a supervisor of the minimum rank of sergeant, and shall ensure that the aggrieved inmate is given the yellow copy of the completed Inmate Grievance Form, along with instructions regarding how to submit an appeal.
If an emergency grievance is received via computer tablet, the watch commander shall ensure the disposition is documented in CARTS. The watch commander shall also ensure the aggrieved inmate is given a CARTSgenerated notification of disposition along with the instructions regarding how to submit an appeal.
Whether received in written or electronic form, emergency grievances shall be recorded and processed in CARTS.
Upon completion, all emergency grievances shall be forwarded to the Unit Inmate Grievance Coordinator noting the status and/or the disposition and an indication of when the inmate was notified. The Unit Inmate Grievance Coordinator shall review the emergency grievance to determine if it was handled in accordance with this policy and shall notify the unit commander if it was not handled properly.

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• 8-03/020.00 Healthcare Grievances

Inmates wishing to submit a grievance regarding healthcare concerns may do so via computer tablet or by placing a standard Inmate Grievance Form in designated envelopes available in each housing area. Health service requests, grievances or appeals require priority handling by line staff. As such, personnel collecting healthcare related requests, grievances or appeals shall deliver them to an on-duty supervising staff nurse at their respective facility.

Correctional Health Services (CHS) shall establish a policy to address the internal processing of healthcare related inmate grievances. CHS unit orders shall be in accordance with the general policies and time frames in this volume and shall include procedures for the following responsibilities:

Review and assignment of healthcare grievances and appeals Updating and tracking of inmate grievances and appeals in the Custody Automated Reporting and Tracking System (CARTS) Addressing grievances against healthcare staff Providing written interim status responses and notifications of dispositions to aggrieved inmates Handling appeals of healthcare grievances at a higher level of supervision.

• 8-03/030.00 ADA-Related Requests and Grievances

Pursuant to the California Code of Regulations, Minimum Standards for Local Detention Facilities, Title 15, the same standards and services that apply to inmates who are housed in general population shall apply to inmates with disabilities. In addition, inmates with disabilities are entitled to reasonable accommodations. Refer to section 5-12/005.10, "Handling Inmates With Mobility Or Sensory Impairments."

Collecting line supervisors and reviewing health services personnel shall examine the narrative portions of inmate grievances and requests to identify any issues which may be related to ADA and shall determine whether the grievance or request is to be referred to the facility ADA coordinator or the Custody Services Division ADA Coordinator, or whether it necessitates assignment to Correctional Health Services (CHS) for handling. Should the collecting line supervisor have any question about the appropriate handling unit for a grievance or request, he or she shall consult with the on-duty supervising staff nurse. Requests and grievances handled by CHS shall be handled by appropriate medical personnel in accordance with established CHS policies. Any request or grievance in which the narrative portion describes an ADA or mobility and/or sensory impaired issue, and/or the ADA box is checked, shall be appropriately entered and tracked in the Custody Automated Reporting and Tracking System (CARTS).

If it is determined the request or grievance is to be handled by the facility ADA coordinator or the Custody Services Division ADA coordinator, the line supervisor shall note on the reverse side of the form that no immediate involvement of medical staff was required, and shall ensure the form is placed in a secured collection bin for retrieval by the Unit Inmate Grievance Team.

Unit Inmate Grievance Team supervisors shall ensure ADA-related requests or grievances collected from secured collection bins are scanned and updated in CARTS. ADA-related requests or grievances shall be handled by the facility ADA Coordinator. Those which cannot be addressed at the facility shall be directed to the Custody Services Division ADA coordinators for any additional handling and processing.

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The facility and/or Custody Services Division ADA coordinators, as appropriate with section 5-12/005.10, shall ensure the "Disposition" section in CARTS is completed for all ADA-related requests or grievances and they are responded to in accordance with section 8-04/040.00, "Time Frames."

• 8-03/040.00 Grievances Against Staff

A grievance against staff is defined as a grievance alleging staff behavior which would be a violation of law, regulation, policy, or procedure.

All inmate grievances involving allegations of force shall be entered into the electronic Line Operations Tracking System (e-LOTS) prior to the end of the shift in which the incident occurred or the allegation is received, tracked under Project Type "Alleged Use of Force" (refer to CDM section 4-01/025.05, "Electronic Line Operations Tracking System (e-LOTS)," and shall be investigated and resolved in accordance with the Department's existing use of force policies. Refer to CDM section 7-06/000.00, "Use of Force Reporting Procedures."

Grievances against staff, including allegations of retaliation or use of force, received more than thirty (30) calendar days after the event upon which the grievance is based will be considered late and denied, absent exceptional circumstances as specified in section 8-04/040.10, "Late Submissions of Grievances." These types of late grievances shall be updated in CARTS as "Denied – Late Submission (Investigation Ongoing)." The aggrieved inmate shall be notified of the denial through the appropriate Interim Status Response, and the grievance shall be thoroughly investigated as delineated in this policy.

SUPERVISOR RESPONSIBILITIES

Grievances against staff shall be reviewed promptly by the watch commander, or other facility lieutenant, who shall evaluate the nature and seriousness of the grievance, and assess the type of response necessary (i.e., immediate or routine). The watch commander, or other facility lieutenant, shall assign the grievance to a supervisor with the permanent rank of sergeant or above, who is not the employee against whom the grievance is directed, nor the employee’s direct supervisor. The assigning lieutenant shall ensure the grievance is entered into the Custody Automated Reporting and Tracking System (CARTS) as grievance against staff.

The assigned supervisor shall initiate a comprehensive inquiry which shall include interviewing the aggrieved inmate and gathering any relevant documents and/or evidence. It is important the comprehensive inquiry be conducted as soon as practicable to capture information and/or evidence while it is still fresh and/or available. An interview of the aggrieved inmate shall be conducted in a private area, and shall be recorded using either audio or video media, as part of the inquiry of any grievance against staff with a serious allegation (e.g., use of force, retaliation, etc.), or at the watch commander's discretion.

The purpose of the inquiry is to gather information pertinent to the allegation or incident when a supervisor is determining if there is validity to the allegation(s), and/or if the involved employee's actions were reasonable or potentially involve misconduct. Cases wherein the supervisor has reason to believe the employee(s) committed misconduct shall be referred to the unit commander for disposition and the appropriate administrative action.

Based on the information obtained through the inquiry, the watch commander, or supervising lieutenant, shall

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ensure a memorandum is submitted to the respective unit commander describing the inmate's grievance, the statements and evidence that support or refute the grievance, the date the unit commander was notified of the alleged misconduct, and the watch commander's recommendation as to the necessity of an administrative or criminal investigation, and the disposition of the grievance in accordance with section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications."

Any grievances against staff which result in the initiation of an administrative investigation must be tracked in the electronic Line Operations Tracking System (e-LOTS) under Project Type "Admin Investigation."
If during any phase of the inquiry, the grievance is determined to pertain to another category (i.e., mail procedures, living conditions, commissary, etc.), and the aggrieved inmate is not alleging staff behavior which would be a violation of law, regulation, policy, or procedure, the watch commander or other facility lieutenant shall ensure that the unit commander is notified of the change in category and the reason for the modification through an entry in CARTS. The concerned supervisor shall ensure the grievance is properly re-categorized in CARTS to reflect the change in grievance type.
UNIT COMMANDER RESPONSIBILITIES
Determination of Grievance Classification and Preliminary Data Entry
Upon review of the comprehensive inquiry and supporting documentation, the unit commander shall determine whether the allegation will be classified as a grievance against staff. That determination shall consider whether the grievance alleges staff behavior which would be a violation of law, regulation, policy, or procedure. When the grievance is determined to be classified as a grievance against staff, the unit commander shall approve the memorandum and grievance disposition, and approve the retrieval of a Preliminary Data Entry (PDE) number from the Performance Recording and Monitoring System (PRMS) in CARTS. However, if the inquiry reveals possible criminal conduct, the PDE entry shall not be completed pending the outcome of the internal criminal investigation.
Determination of Course of Action
The concerned unit commander is responsible for evaluating each inmate grievance against staff to determine the appropriate course of action. The validity of the allegations, the nature and seriousness of the allegation(s), the potential for employee discipline, and the concerned employee’s performance history are potential factors to consider in the evaluation. Depending on the circumstances, the following courses of action should be considered by the unit commander:
Non-disciplinary actions including informal counseling, training, mentoring, and no further action for unsubstantiated allegations, as appropriate; Conduct a unit level administrative investigation; Request the Internal Investigation Bureau (IAB) conduct an administrative investigation. The request may be sent via e-mail from the concerned Division Chief directly to the Captain of IAB. (Use Exchange Group, "IAB Investigation Request."); Request the Internal Criminal Investigation Bureau (ICIB) conduct a criminal investigation if there is reason to believe a crime has been committed. The request may be sent via e-mail from the concerned Division Chief directly to the Captain of ICIB. (Use Exchange Group, "CIB Investigations Request.").

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Refer to CDM section 4-10/005.00, "Disposition of Use of Force Review and Staff Discipline" for additional procedures and documentation requirements related to administrative investigations and staff discipline.

Result of Inmate Grievance Against Staff Review

When it is determined that an inmate grievance against staff is to be investigated as an administrative or criminal investigation, the original grievance form, a copy of the Interim Status Notification form, and the "Result of Inmate Grievance Against Staff Review" form (SH-J-455) shall be sent to Discovery Unit for processing. Other documents associated with an active investigation shall not be sent. The Discovery Unit may be contacted for inquiries regarding appropriate documents for submission.

If the unit commander determines an administrative, or criminal investigation is not warranted, he or she shall ensure the "Result of Inmate Grievance Against Staff Review" form, the original Inmate Grievance Form, a copy of the inmate notification of disposition print-out from CARTS, and the watch commander's memorandum with their findings are forwarded to the respective area commander for review. The unit commander shall ensure that the completed and approved "Result of Inmate Grievance Against Staff Review" form and supporting documentation are sent to the Discovery Unit for processing and closure in PRMS.

When conflict resolution techniques were utilized to resolve, or attempt to resolve a grievance, the unit commander shall ensure the "Conflict Resolution Techniques Utilized" category is appropriately checked. Refer to section 8-04/020.00, "Conflict Resolution." Refer to section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications" for acceptable dispositions for inmate grievances against staff and allegations of force.

If the review of an appeal of a grievance against staff results in a disposition modification, the unit commander shall ensure that an updated "Result of Inmate Grievance Against Staff Review" form is submitted to the Discovery Unit (refer to section 8-04/030.10, "Appeals of Grievances Against Staff").

At the conclusion of the investigation, the final disposition must be updated and closed in e-LOTS and CARTS by the concerned unit.

Required Notification to the Aggrieved Inmate

The aggrieved inmate shall be provided with a response within fifteen (15) days of the Department's receipt of the grievance. This response shall consist of either the result of grievance, or a notification that the Department is unable to complete the investigation within fifteen (15) days, and has therefore initiated an extension or placed the grievance in an interim status (refer to section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications").

In cases where the Department has provided the inmate with an Extension Notification or Interim Status Notification, the aggrieved inmate must be notified of the results of the investigation, within ten (10) calendar days of the unit commander's approval of the disposition; however, a notification of the disposition to the aggrieved inmate shall not be made regarding allegations of force or when an administrative or criminal investigation has been initiated until the entire process has been completed, including the Internal Affairs Bureau’s review of administrative investigations. Once the review process has been completed for these types of investigations, the aggrieved inmate shall be notified of the results of the investigation, but not any discipline imposed, within ten (10) calendar days.

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Required Notification to the Involved Employee

In accordance with the Peace Officer's Bill of Rights as specified within the California Government Code under sections 3305, 3306, and 3306.5, the involved employee(s) shall be provided with a copy of the completed "Result of Inmate Grievance Against Staff Review" form. In addition, if the review of an appeal of a grievance against staff results in a disposition modification, the involved employee(s) shall be provided with a copy of the updated "Result of Inmate Grievance Against Staff Review" form (refer to section 8-04/030.10, "Appeals of Grievances Against Staff."

With the exception of those grievances resulting in alleged force, administrative, or criminal investigations, the unit commander shall ensure the inmate grievance is completed and the original is forwarded to the Discovery Unit within sixty (60) days of receipt of the initial grievance.

All grievances against staff shall be reviewed by the concerned area commander.

Grievances against healthcare staff shall be reviewed and addressed as outlined in Correctional Health Services (CHS) policy. Refer to section 8-03/020.00, "Healthcare Grievances."

• 8-03/050.00 Grievances of Retaliation

Any allegation of retaliation by an inmate will be objectively and thoroughly investigated by the Department. Refer to CDM section 5-12/005.05, "Anti-Retaliation Policy."

Upon receipt of an inmate grievance alleging retaliation, the watch commander shall conduct a preliminary assessment as to the nature of the allegation, ensure it is entered into the Custody Automated Reporting and Tracking System (CARTS), and document the allegation on a memorandum to the respective division chief, which shall be submitted to the unit commander of the involved facility for review.

The unit commander shall promptly forward the chief's memorandum and copies of the retaliation grievance to Custody Operations Headquarters, and to the Division Inmate Grievance Coordinator. The grievance shall be reviewed by the area commander, as directed by the division chief, and forwarded to the appropriate unit for handling within the fifteen (15) calendar day time frame as outlined in the inmate grievance policy.

In cases where the area commander determines the grievance is to be investigated by the receiving unit, the grievance shall be handled in accordance with CDM section 8-03/040.00, "Grievances Against Staff."

Grievances against staff alleging retaliation received more than thirty (30) calendar days after the event upon which the grievance is based will be considered late and denied, absent exceptional circumstances. These types of late grievances shall be updated in CARTS as "Denied – Late Submission (Investigation Ongoing)" within the Interim Status Response field, and shall be thoroughly investigated. The Interim Status Response shall serve to notify the inmate the grievance was submitted late and denied, but the Department will nonetheless conduct an investigation and take appropriate action in response to the grievance. No further notification to the aggrieved inmate shall be provided. Refer to CDM section 8-04/040.10, "Late Submissions of Grievances."

Upon their approval of the disposition, reviewing unit commanders shall ensure any grievance against staff alleging force was used to retaliate against the aggrieved inmate is scheduled for review by the Custody

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Force Review Committee (CFRC). CFRC shall review the grievance at its next meeting, or the meeting thereafter, following the unit commander's approval of the disposition. Refer to CDM section 7-07/020.00, "Custody Force Review Committee."

• 8-03/060.00 PREA-Related Grievances

Inmate grievances involving allegations described in the Prison Rape Elimination Act (PREA) shall be thoroughly investigated. Refer to CDM section 3-04/025.00, "Prison Rape Elimination Act of 2003 (PREA)."

There shall be no deadline for filing PREA grievances by inmates.

• 8-03/070.00 Group Grievances

Individual grievances submitted by three (3) or more inmates from the same housing location referencing the same issue or concern, or the submission of one (1) Inmate Grievance Form by multiple inmates, shall be considered group grievances. A single reference number shall be assigned for each group grievance and applied to each individual Inmate Grievance Form.

A grievance shall not be accepted or processed as a group grievance if the matter for which the grievance is being filed requires a response to a specific set of facts that are not the same for all participants in the grievance. In such case, the group grievance shall be returned to the inmate by the retrieving Inmate Grievance Team member, or line personnel with directions to advise all inmates who signed the grievance to submit individual grievances regarding their separate issues.

Sufficient independent interviews with the participating inmates shall be held to clarify the issue in the grievance.

Once the result of the group grievance investigation has been determined, the assigned sergeant shall complete the "Disposition" section in the Custody Automated Reporting and Tracking System (CARTS). A printed Notification of Disposition form and an advisory of the right to appeal, generated in CARTS, shall be delivered to each involved inmate within fifteen (15) calendar days from the date the grievance was received by the Sheriff's Department, absent exceptional circumstances.

In order to avoid duplicate entries and the disruption of orderly and timely processing of grievances, every inmate who signs a group grievance is ineligible to submit additional grievances on the same issue. Separate grievances filed by inmates who have signed a group grievance on the same issue shall be closed in CARTS as a duplicate of the group grievance. In addition, a group grievance counts toward each aggrieved inmate’s allowable number of grievance filings, as specified in section 8-04/050.00, "Duplicate or Excessive Filings of Grievances and Appeals, and Restriction of Filing Privileges."

Refer to section 8-04/030.00, "Appeals Process and Structure," for information on appeals of group grievances.

• 8-03/080.00 Third-Party (Referred) Grievances

A third-party grievance, or a referred inmate grievance, is a grievance received from a non-involved or nonaggrieved party, such as an inmate's friend or relative, on behalf of an inmate. These types of grievances may

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be received in person, telephonically, or via correspondence.

Such grievances shall be handled in accordance with section 8-03/005.00, "Inmate Grievances." When received, the following shall apply:

The watch commander, or in exceptional circumstances, a designee, shall complete a Third-Party (Referred) Inmate Grievance Form (SH-J-438) and shall fill in the information provided by the reporting party. The watch commander shall ensure a reference number is assigned to the referred inmate grievance and write a brief synopsis of the aggrieved inmate's concerns in the "Nature of Grievance" section. The watch commander shall advise the reporting party the grievance is being taken, and will be addressed. The watch commander shall assign the handling of the grievance to a supervisor in the facility.
If a grievance is received involving an inmate not housed at the contacted facility or unit, the watch commander shall also ensure an electronic copy of the completed Third-Party (Referred) Inmate Grievance Form is sent to the watch commander of the inmate's housing facility. The watch commander at the concerned inmate's housing facility shall assign the handling of the grievance to a supervisor and shall ensure it is processed pursuant to this policy.
If the grievance was received telephonically, the handling supervisor shall call the reporting party, advise him or her of the status of the grievance, and provide the reference number.
In all cases, a written acknowledgement of the grievance shall be issued to the reporting party and documented in the Custody Automated Reporting and Tracking System (CARTS).
The information disclosed to the reporting party shall be limited to the following information:
An acknowledgment that the grievance was received;
The grievance's reference number;
A statement indicating the status of the grievance, and that the final outcome will be provided to the concerned inmate.
A notation shall be made in the "Findings" section of the CARTS Inmate Grievance Form indicating the date, time, and name of the supervisor making the notification.
The watch commander at the inmate's housing facility shall ensure the information provided on the ThirdParty (Referred) Inmate Grievance Form is delivered to the Inmate Grievance Team for processing in CARTS.
Inmate Grievance Team supervisors shall ensure the concerned inmates receive a response within 15 days of the Department's receipt of the grievance, and, when the grievance is against staff, are notified of the results of the investigation within 10 days of the Department's adjudication of the grievance, as specified in sections 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications" and 8-03/040.00, "Grievances Against Staff."
An inmate shall not submit a grievance on behalf of another inmate, but may assist another inmate in the preparation of his or her grievance. However, third parties, including fellow inmates, shall be permitted to assist inmates in filing grievances relating to allegations of sexual abuse, and shall also be permitted to file such grievances on behalf of inmates. For further information refer to CDM sections 3-04/025.00, "Prison Rape Elimination Act of 2003" and 8-03/060.00, "PREA-Related Grievances."

Grievances filed on behalf of the inmate through a third party are subject to the same submission limits as delineated in CDM section 8-04/050.00, "Duplicate or Excessive Filings of Grievances and Appeals, and Restriction of Filing Privileges."

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• 8-03/085.00 Grievances Received Through Independent Oversight Organizations
In order to objectively critique and review its effectiveness, the Sheriff’s Department receives direct independent oversight from the Office of the Inspector General (OIG), and works closely with the American Civil Liberties Union (ACLU) for specified issues. As part of this effort, the OIG and the ACLU are provided fair access to jail facilities, and direct communication with designated Sheriff's Department personnel to convey inmate grievances and inmate requests for services.
Sheriff's Department personnel shall be responsive to the OIG and ACLU by documenting inmate grievances, requests, and recommendations to their unit commander.
PROCEDURES
ACLU complaints or requests received and processed by Custody Support Services (CSS) shall be initially reviewed by a CSS supervisor upon receipt. Upon identifying any of the following types of requests or grievances, he or she shall promptly ensure a reference number is issued through the Custody Automated Reporting and Tracking System (CARTS) and the respective requests or grievances are delivered to the watch commander of the respective facility:
Emergency grievances per section 8-03/010.00, "Emergency Grievances" Grievances against staff as defined per section 8-03/040.00, "Grievances Against Staff" Grievances alleging retaliation by staff per section 8-03/050.00, "Grievances of Retaliation" Grievances with components related to Prison Rape Elimination Act (PREA). Refer to CDM sections 304/025.00, "Prison Rape Elimination Act of 2003" and 8-03/060.00, "PREA-Related Grievances."
Remaining ACLU complaints shall be assigned for handling to the concerned facility's Inmate Grievance Team.
Inmate grievances received through independent oversight organizations shall be reviewed and approved by a supervisor of the minimum rank of sergeant, who shall ensure that the grievances are investigated and responded to within the time frames established in this policy (refer to 8-04/040.00, "Time Frames"), and the concerned inmates are notified of the results as specified in section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications."
With the exception of grievances received by CSS, respective supervisors shall ensure all grievances from independent oversight organizations are documented on a Third-Party (Referred) Inmate Grievance Form (SH-J-438) in accordance with section 8-03/080.00, "Third Party (Referred) Grievances."
Unit commanders have an obligation to ensure all requests, grievances, and recommendations by the OIG and ACLU are addressed, and communicated to major executives on the Department when appropriate.
Grievances filed on behalf of the inmate through oversight organizations are subject to the same submission limits as delineated in CDM section 8-04/050.00, "Duplicate or Excessive Filings of Grievances and Appeals, and Restriction of Filing Privileges."

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• 8-03/090.00 Grievances From Released Inmates
Inmate grievances received from persons who have been released from custody shall be processed on an Inmate Grievance Form (not a Watch Commander Service Comment Report form) pursuant to Manual of Policy and Procedures (MPP), section 3-04/010.05, "Procedures for Department Service Review." Grievances submitted from former inmates shall be subject to the same guidelines, requirements, and procedures as a grievance submitted by an inmate in custody.
• 8-04/010.00 Disposition, Interim Status Responses, and Inmate Notifications
Personnel assigned to handle inmate requests or grievances shall make a determination of an appropriate disposition based on information available and/or established through their investigative efforts.

For requests, the determination of the disposition shall be based on the relief to be provided to the inmate, as follows:

Granted - the reviewer is granting all requested service or relief, if applicable. Granted in part - the reviewer determined some or all of the requested service or relief should be granted, if applicable. Denied - the reviewer will not grant any part of the expected service or relief. Relief unavailable - the reviewer determined that no relief is available. Released prior to resolution - inmate has been released.

Dispositions for general grievances which are not against staff shall be determined based both on the findings and the relief to be provided, as follows:

FINDINGS

Sustained - the reviewer has determined that the facts and circumstances obtained during the inquiry appear to support the claim in the grievance.

Not sustained - the reviewer has determined that the allegations and circumstances set forth in the grievance could not be substantiated.

Sustained in part - the reviewer has determined that the facts and circumstances obtained during the inquiry appear to support some but not all claims in the grievance.

Inconclusive - the inquiry fails to resolve the grievance, and there is insufficient evidence to either affirm or refute the inmate's grievance.

Released prior to inquiry - the inquiry cannot be initiated as the inmate has been released and reasonable efforts to contact the inmate have not been successful, which shall be documented in the Custody Automated Reporting and Tracking System (CARTS).

Outside Custody Services Division - the grievance concerns a matter under the jurisdiction of a unit outside the Custody Services Divisions.

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Not processed (inmate on restricted status) - the grievance will not be processed, as the inmate has been approved for a restriction of filing privileges. (Refer to 8-04/050.00, "Duplicate or Excessive Filings of Grievances and Appeals, and Restriction of Filing Privileges.") Not processed (exceeds limit) - the grievance will not be processed, as it exceeds the established weekly/monthly filing limits.

RELIEF

Granted - the reviewer is granting all requested relief, if applicable.
Granted in part - the reviewer determined some of the requested relief should be granted or a comparable alternative be provided, if applicable.
Denied - the reviewer will not grant any part of the requested relief.
Relief unavailable - the reviewer determined no relief is available.
Referred to contract vendor - the reviewer has referred the grievance to a contract vendor for relief.
Referred to Department of Mental Health - the reviewer has referred the grievance to the Department of Mental Health/
Referred - Court Services - the reviewer has referred the grievance to any unit of the Court Services Division.
Referred - Other station/agency/entity - the reviewer has referred the grievance to an outside station, agency, or entity.
Not processed (inmate on restricted status) - the grievance will not be processed, as the inmate has been approved for a restriction of filing privileges. (Refer to 8-04/050.00, "Duplicate or Excessive Filings of Grievances and Appeals, and Restriction of Filing Privileges.")
Not processed (exceeds limits) - the grievance will not be processed, as it exceeds the established weekly/monthly filing limits.

Grievances against staff shall be resolved with one of the following dispositions:

Exoneration - This disposition shall only be used in situations when it is established by clear and convincing evidence that:
the employee was not personally involved or in any other way connected with the incident or incidents or allegation in question;
the allegation giving rise to the investigation was demonstrably false and brought in demonstrable bad faith;
the allegation in question, broadly construed and even if true, would not in any circumstance constitute a violation of law or Department policies, rules, or procedures and is not otherwise censurable.

Employee Conduct Appears Reasonable - the employee's conduct appeared to be in compliance with procedures, policies, guidelines, or training

Appears Employee Conduct Could Have Been Better - the employee's conduct was in compliance with procedures, policies, and guidelines. The grievance could have been mitigated if the employee had employed tactical communication principles or common sense.

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Employee Conduct Should Have Been Different - the employee’s conduct was not in compliance with established procedures, policies, guidelines, or training. Unable to Make a Determination - there is insufficient information to assess the employee’s alleged conduct or to identify the employee involved. Resolved Through Conflict Resolution - a conflict resolution meeting with the aggrieved inmate and involved employee(s) was held. The meeting adequately addressed all concerns and no further actions are deemed necessary. Refer to section 8-04/020.00, "Conflict Resolution."
Once the results of a grievance investigation have been determined, the assigned sergeant shall complete the "Disposition" section in CARTS. Grievances against staff shall require the review of a watch commander, or other facility lieutenant. Dispositions for grievances against staff shall not be provided to aggrieved inmates prior to their approval by the concerned unit commander. Refer to section 8-03/040.00, "Grievances Against Staff."
In accordance with the California Code of Regulations, Minimum Standards for Local Detention Facilities, Title 15, Section 1073, "Inmate Grievance Procedure," a printed Notification of Disposition form and an advisory of the right to appeal, generated in CARTS, shall be delivered to the inmate for any approval or denial of a grievance within fifteen (15) calendar days from the date the grievance was received by the Sheriff’s Department, absent exceptional circumstances. The Notification of Disposition form provided to the inmate shall include the disposition and the reason(s) for the decision when the relief to be provided is "Granted in Part," "Denied," or "Relief Unavailable."
Inmates shall sign the printed Notification of Disposition form to document receipt of the written response. However, if the grievance was previously addressed as the result of a court order or other governmental referral, it is not mandatory to summon the inmate for his or her signature. The signed Notification of Disposition form shall be placed into the Unit Inmate Grievance Coordinator's in-box for further processing. The Inmate Unit Grievance Coordinator shall ensure that the receipt of the written response is properly entered in CARTS.
For grievances relating to inmates who have been released after the submission of a grievance, the assigned sergeant shall note in the “Disposition” section in CARTS that the inmate has been released. A copy of the disposition should be forwarded to the released inmate’s listed mailing address, when available. A notation shall be made in CARTS when attempts to contact the inmate have been exhausted, or if the inmate has no noted home address.
In cases where the investigation cannot be completed within the established time frame due to other exceptional circumstances, the supervisor may extend the requisite response time by initiating an extension in CARTS, documenting the reason for the extension, and providing the concerned inmate with an Extension Notification within fifteen (15) calendar days of the Department’s receipt of the grievance. Refer to CDM section 8-04/040.05, "Extensions."

INTERIM STATUS RESPONSES

An Interim Status Notification form generated in CARTS shall be used to notify the aggrieved inmate when the investigation cannot be completed within fifteen (15) calendar days because the grievance resulted in the initiation of an alleged force investigation, administrative investigation, or when the grievance was referred to

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another unit. The Interim Status Notification shall be provided to the concerned inmate within fifteen (15) calendar days of the Department's receipt of the grievance, or prior to the expiration of a previously-issued Extension Notification.
With the exception of grievances that result in the initiation of an administrative investigation, all grievances against staff not completed within their assigned time frame must be tracked in the electronic Line Operations Tracking System (e-LOTS) under Project Type "Inmate Complaints – Ongoing." Grievances that result in administrative investigations shall be tracked under Project Type "Admin Investigations." If the grievance concerns an allegation of force, it shall be tracked under Project Type "Alleged Use of Force." Unit Inmate Grievance Coordinators shall monitor inmate grievances with interim status responses to ensure they are being addressed and resolved.
An interim status response is not a disposition and not subject to appeal.
Upon completing an inmate grievance investigation, the handling supervisor shall ensure the inmate is notified of the disposition.
If the Department fails to notify the inmate of the disposition or status of a grievance within the requisite response time, the inmate may consider the grievance as denied and may request an appeal form for submission to the next level of review.

NOTIFICATION OF DISPOSITIONS OF GRIEVANCES AGAINST STAFF

Specific details resulting in an investigation pertaining to an inmate grievance against personnel shall not be disclosed to an aggrieved inmate. The handling sergeant shall advise the inmate, in writing, of the disposition of a grievance against any personnel or any results of inquiries pertaining to personnel conduct within ten (10) calendar days of the Department's adjudication of the grievance.

The information disclosed to the inmate shall include an acknowledgement of the grievance, a statement that the investigation was completed, and the reason for the disposition. Any circumstances which warrant the need to provide the inmate with additional information shall require the approval of the reviewing lieutenant. Documentation provided to the inmate shall include the following standardized responses associated with each of the appropriate dispositions for grievances against staff:

For grievances against staff that have been resolved as "Employee Conduct Should Have Been Different," the disclosure shall be limited to the following response:
"Your grievance has been thoroughly investigated. Appropriate administrative action has been taken."

For grievances against staff resolved as "Exoneration," "Employee Conduct Appears Reasonable," or "Appears Employee Conduct Could Have Been Better," the disclosure shall be limited to the following response:
"Your grievance has been thoroughly investigated; however, we were unable to substantiate that the described employee(s) violated any of our Department policies and procedures."

For grievances against staff that have been resolved as "Unable to Make A Determination," the

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disclosure shall be limited to the following response:
"Your grievance has been thoroughly investigated; however, based on the information established in the investigation, we could not reach a determination."

For grievances against staff that have been resolved as "Conflict Resolution," the disclosure shall be limited to the following response:
"Your grievance has been resolved through conflict resolution."

• 8-04/020.00 Conflict Resolution

The purpose of a conflict resolution meeting is to further the Department's ongoing effort to encourage respect-based interaction with inmates. Sergeants are encouraged to offer an aggrieved inmate a conflict resolution meeting with the employee(s) against whom he or she is complaining. Inmates who submit grievances against staff shall be advised that a conflict resolution meeting is voluntary for both the inmate and the involved personnel to address a grievance. This may be done in lieu of the Department conducting a personnel investigation to resolve the grievance.

An offer to utilize conflict resolution shall be made to the employee first. If the employee accepts, the handling sergeant shall make the same offer to the aggrieved inmate, explaining that the employee is willing and the meeting will be conducted objectively and impartially by the sergeant. If the aggrieved inmate accepts, the sergeant shall conduct the meeting.

If the aggrieved inmate declines, the reason(s) given by the inmate for refusing the offer shall be documented and included in the supervisor's inquiry memorandum directed to the unit commander as delineated in section 8-03/040.00, "Grievances Against Staff."

When conflict resolution techniques are utilized, the handling sergeant shall document his activities in handling the grievance in a memorandum to the unit commander. The documentation shall include the following:

A synopsis of the aggrieved inmate's concern which brought about the grievance A summary of the conflict resolution meeting held Any actions taken by the sergeant The results of the review.
Cases which could be considered appropriate for conflict resolution may include:

Situations in which there may exist a misunderstanding of policy or procedures Situations in which there may exist a misunderstanding of tactics or protocols Allegations involving discourtesy or rudeness by an employee Situations in which there are no independent witnesses Situations in which there are the same number of credible witnesses on each side of the issue.
Cases which would not be appropriate for conflict resolution include:

Allegations wherein there is an indication of significant misconduct such as allegations of force used by

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personnel, retaliation, or criminal misconduct Allegations, which if founded, could potentially result in formal discipline.
Sergeants should use good judgment in determining whether a conflict resolution meeting is appropriate for the circumstances. If the conflict resolution meeting is successful, the grievance shall be marked closed through "conflict resolution" in the Custody Automated Reporting and Tracking System (CARTS) and properly documented.

When conflict resolution has been utilized to resolve an inmate grievance against staff, unit commanders shall ensure that a Result of Inmate Grievance Against Staff Form (SH-J-455), the original Inmate Grievance Form, a copy of the inmate notification print-out from CARTS, and the watch commander's memorandum, are sent to the Discovery Unit.

• 8-04/030.00 Appeals Process and Structure

Inmates who are not satisfied with the disposition, or with the action(s) taken to address their grievance may appeal to the next level of review.

Inmates may only initiate one (1) appeal process per grievance. An appeal by an inmate must be submitted within fifteen (15) calendar days of receiving the written results and disposition regarding the grievance, or the appeal will be denied as a late submission. If an inmate receives a written response to his or her grievance while in disciplinary segregation, and is not satisfied with the disposition, or with the action(s) taken to address the grievance, the inmate shall have fifteen (15) calendar days after release from segregation to file the appeal.

An appeal shall be submitted on the appropriate appeal form, which shall be provided by any custody personnel making the required notification to an inmate of any disposition of a grievance or appeal.

If the Department fails to notify the inmate of the disposition or status of a grievance or appeal within the requisite response time, the inmate may consider the grievance or appeal as denied and may request an appeal form for submission to the next level of review.

The appellant shall sign and date the appeal form. An inmate shall not submit an appeal on behalf of another inmate.

An appeal of a group grievance shall not be accepted or processed if the matter for which the appeal is being filed requires a response to a specific set of facts that are not the same for all participants in the appeal. In such cases, the group grievance appeal shall be returned to the filing inmates with directions to submit individual grievances regarding their separate issues.

Personnel receiving any appeals related to healthcare shall deliver them to an on-duty supervising staff nurse to be processed in accordance with procedures set forth by Correctional Health Services (CHS).

Command staff conducting reviews of inmate grievance appeals shall ensure a thorough investigation has been conducted and an appropriate disposition has been rendered.

With the exception of appeals related to healthcare, the Department's appeal process for grievances shall be

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composed of a two-level structure as specified in sections 8-04/030.05, "Appeals of Grievances – Not Against Staff," 8-04/030.10, "Appeals of Grievances Against Staff," 8-04/030.15, "Appeals of Emergency Grievances," and 8-04/030.20, "Appeals of Emergency Grievances Against Staff."
After reviewing the inmate's grievance documentation and the Department's previous decision(s) and response(s), respective command staff shall render a decision and indicate if the inmate appeal will be upheld or denied.
Unit Inmate Grievance Coordinators shall be responsible for ensuring that decisions rendered during appeal reviews are updated in the Custody Automated Reporting and Tracking System (CARTS) and the aggrieved inmate is provided a CARTS-generated Notification of Appeal Disposition, and a blank appeal form for the next level of review, as applicable.
Unless otherwise provided by this policy, an appeal shall not be accepted at the second level for review without first having been reviewed at the first level.
New issues raised by an inmate on an appeal form shall not be addressed, and any decision rendered will pertain only to the present appeal issue.
The appeals process shall only be applicable to inmates still in custody.
• 8-04/030.05 Appeals of Grievances - Not Against Staff
When an inmate submits an appeal regarding the adjudication of a non-medical or a non-mental health grievance, the appeal shall be subject to the following levels of review:
First Level Appeal Review
First level appeals shall be reviewed by the respective unit commander, or a designee with a minimum rank of lieutenant. The inmate shall be advised, in writing, whether the appeal was upheld (granted) or denied, within fifteen (15) calendar days of the Department's receipt of the appeal. First level appeal reviews shall be coordinated by the Unit Inmate Grievance Coordinator.
Second Level Appeal Review
If an inmate’s first-level appeal is denied or if the inmate is not satisfied with the action(s) taken to address the situation, he or she may submit another appeal. Second level appeals shall be reviewed by the respective area commander. The inmate shall be advised, in writing, whether the second appeal was upheld (granted) or denied, within fifteen (15) calendar days of the Department's receipt of the appeal. Second level appeal reviews shall be coordinated by the Division Inmate Grievance Coordinator.

Extensions of appeals that are not regarding grievances against staff shall require the approval of the concerned area commander. Refer to section 8-04/040.05, "Extensions."

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• 8-04/030.10 Appeals of Grievances Against Staff
Unless otherwise specified by this policy, all grievances against staff shall be reviewed and adjudicated by the respective unit commander. When an inmate submits an appeal regarding a grievance against a staff member, which has been adjudicated by the unit commander, the appeal shall be subject to the following levels of review:
First Level Appeal Review
First level appeals shall be reviewed by an area commander who was not involved in the review of the initial grievance. The inmate shall be advised, in writing, whether the appeal was upheld or denied, and the resulting disposition of the grievance, within fifteen (15) calendar days of the Department's receipt of the appeal. (Refer to 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications" for appropriate dispositions of grievances against staff.) First level appeal reviews shall be coordinated by the Unit Inmate Grievance Coordinator.

Second Level Appeal Review
If an inmate's first-level appeal is denied, or if the inmate is not satisfied with the action(s) taken to address the situation, he or she may submit another appeal. Second level appeals shall be reviewed by the respective division chief. The inmate shall be advised, in writing, whether the second appeal was upheld or denied, and the resulting disposition of the grievance, within fifteen (15) calendar days of the Department's receipt of the appeal. (Refer to 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications" for appropriate dispositions of grievances against staff.) Second level appeal reviews shall be coordinated by the Division Inmate Grievance Coordinator.

If the review of an appeal of a grievance against staff results in a disposition modification not reflected in the original "Result of Inmate Grievance Against Staff Review" form (SH-J-455), the concerned unit commander shall ensure that an updated "Result of Inmate Grievance Against Staff Review" form is submitted to the Discovery Unit, as well as a request for correction/removal/modification of records, in accordance with Manual of Policy and Procedures (MPP) section 3-02/085.70, "Correction/Removal/Modification of Records in the Automated Performance Recording and Monitoring System." The involved employee(s) shall be provided with a copy of the updated form.

Extensions of appeals that are regarding grievances against staff shall require the approval of the concerned division chief. Refer to section 8-04/040.05, "Extensions."

• 8-04/030.15 Appeals of Emergency Grievances

When an inmate submits an appeal regarding an emergency grievance, which has been adjudicated by the watch commander, or a supervising lieutenant, the appeal shall be subject to the following levels of review:

First Level Emergency Appeal Review

If the inmate is not satisfied with the action(s) taken to address the situation, the inmate must submit an

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appeal of the Department’s action within two (2) calendar days of receipt of the written response. The unit commander shall make a determination of the resolution of an emergency appeal within five (5) calendar days of receipt. Refer to section 8-04/040.00, "Time Frames."

Second Level Emergency Appeal Review
If the inmate is not satisfied with the action(s) taken at the first level appeal review to address the situation, the inmate must submit an appeal of the Department’s action within two (2) calendar days of receipt of the written response. The concerned area commander, or designee, shall make the final determination of the resolution of an emergency appeal within ten (10) calendar days of receipt. Refer to section 8-04/040.00, "Time Frames."
Emergency appeal reviews received during business hours shall be coordinated by Unit Inmate Grievance Coordinator. Those received during after-hours shall be coordinated by the watch commander, or supervising lieutenant.
Extensions of appeals regarding emergency grievances that are not against staff shall require the approval of the concerned area commander. Refer to section 8-04/040.05, "Extensions."
• 8-04/030.20 Appeals of Emergency Grievances Against Staff
When an inmate submits an appeal regarding an emergency grievance against staff, which has been adjudicated by the unit commander, it shall be subject to the following levels of review:
First Level Emergency Appeal Review
If the inmate is not satisfied with the action(s) taken to address the situation, the inmate must submit an appeal of the Department's action within two (2) calendar days of receipt of the written response. An area commander who was not involved in the review of the initial grievance shall make a determination of the resolution of an emergency appeal against staff within five (5) calendar days of receipt. Refer to section 8-04/040.00, "Time Frames."

Second Level Emergency Appeal Review

If the inmate is not satisfied with the action(s) taken to address the situation at the first level appeal review, the inmate must submit an appeal of the Department’s action within two (2) calendar days of receipt of the written response. The concerned division chief shall make the final determination of the resolution of an emergency appeal against staff within ten (10) calendar days of receipt. Refer to section 8-04/040.00, "Time Frames."
Emergency appeal reviews received during business hours, shall be coordinated by Unit Inmate Grievance Team Coordinator. Those received during after-hours shall be coordinated by the watch commander, or supervising lieutenant.

Refer to section 8-04/030.10, "Appeals of Grievances Against Staff," for required documentation for appeals

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of grievances against staff that result in a disposition modification.
Extensions of appeals that are regarding emergency grievances against staff shall require the approval of the concerned division chief. Refer to section 8-04/040.05, "Extensions."
• 8-04/040.00 Time Frames
The following time frames shall be adhered to for the filing, investigation, and disposition of inmate requests, grievances, and appeals:
REQUESTS
An inmate request shall be handled to conclusion and updated in the Custody Automated Reporting and Tracking System (CARTS) within fifteen (15) calendar days from the date it was received by the Unit Inmate Grievance Team, which must be documented. (Refer to section 8-04/040.05, "Extensions.")

GRIEVANCES
A grievance must be filed by an inmate within fifteen (15) calendar days from the date of the incident.
Note: Although late grievances against staff will be denied and closed in the CARTS, they shall be thoroughly investigated. Refer to section 8-04/040.10, "Late Submissions of Grievances."
Inmate grievances shall be investigated, resolved, and responded to within fifteen (15) calendar days from the date the grievance was received by the Sheriff’s Department, absent exceptional circumstances, which must be documented. (Refer to section 8-04/040.05, "Extensions.") In cases wherein the inmate grievance cannot be resolved within this time frame, the inmate must be provided with a written response advising him or her of the status. Dispositions of inmate grievances against staff shall be provided to the aggrieved inmate within ten (10) calendar days of the Department's adjudication of the grievance.

APPEALS

A first-level appeal of a grievance must be filed by an inmate within fifteen (15) calendar days from the date the inmate receives the disposition. (Refer to section 8-04/030.00, "Appeals Process and Structure.")
A second-level appeal of a grievance must be filed by an inmate within fifteen (15) calendar days from the date the inmate receives the disposition. (Refer to section 8-04/030.00, "Appeals Process and Structure.")
An inmate shall be advised, in writing, whether a first-level appeal was granted, granted in part, denied, or unresolved within fifteen (15) calendar days of the Department's receipt of the appeal.
An inmate shall be advised, in writing, whether a second-level appeal was granted, granted in part, denied, or unresolved within fifteen (15) calendar days of the Department's receipt of the appeal.

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EMERGENCY GRIEVANCES AND EMERGENCY APPEALS
The watch commander shall provide a written response to the inmate within five (5) calendar days from the date the emergency grievance was filed. A first-level appeal of an emergency grievance must be filed by an inmate within two (2) calendar days of receipt of the written response. A second-level appeal of an emergency grievance must be filed by an inmate within two (2) calendar days of receipt of the written response. The unit commander shall make a determination of the resolution of any first-level appeal of an emergency grievance within five (5) calendar days of receipt of the appeal. The concerned area commander, or designee, shall make the final determination of the resolution of a second-level emergency appeal within ten (10) calendar days of receipt of the appeal.

EMERGENCY APPEALS OF GRIEVANCES AGAINST STAFF
An appeal of an emergency grievance against staff, at any level, must be filed by an inmate within two (2) calendar days of receipt of the written response. The respective area commander shall make a determination of the resolution of an emergency appeal against staff within five (5) calendar days of receipt of a first-level emergency appeal against staff. The concerned division chief shall make the final determination of the resolution of an emergency appeal against staff within ten (10) calendar days of receipt of a second-level appeal against staff.
• 8-04/040.05 Extensions
EXTENSIONS FOR REQUESTS AND GRIEVANCES
Under exceptional circumstances wherein the investigation of a request or a grievance cannot be completed within the established time frames, a supervisor of the minimum rank of sergeant, may extend the requisite response time by fifteen (15) calendar days. Examples of exceptional circumstances include:
Unavailability of inmate(s), staff, or witnesses necessary to conduct an appropriate investigation; The nature of the investigation, decision, or action requires additional research; Necessary involvement of specialized units or other departments, agencies, or jurisdictions; An extended disruption of normal facility operations, including those affecting technological infrastructure; The investigation requires the interview of multiple witnesses.
Any additional extensions shall require the approval of the unit commander or designee, which shall be documented.
EXTENSIONS FOR APPEALS

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Extensions of appeals that are not regarding grievances against staff shall require the approval of the concerned area commander. Extensions of appeals that are regarding grievances against staff shall require the approval of the concerned division chief.

In each instance where an extension for a grievance or appeal has been initiated, the handling sergeant shall notify the inmate of the extended date of anticipated completion in the form of an Extension Status Notification Form, or an Appeal Extension Status Notification form generated in the Custody Automated Reporting and Tracking System (CARTS). In addition, all extensions shall be documented in CARTS and shall include the justification for the extension and the name of the authorizing supervisor.

• 8-04/040.10 Late Submissions of Grievances

A grievance submitted fifteen (15) calendar days after the event upon which it is based shall be considered late and denied, absent exceptional circumstances. This type of grievance shall receive a disposition of "Denied - Late Submission (Closed)" in the Custody Automated Reporting and Tracking System (CARTS). Within fifteen (15) calendar days of receipt, the inmate shall be notified in writing that the grievance was submitted late and denied. No further notification to the aggrieved inmate is required.

Any grievance against staff, which includes allegations of retaliation or use of force, received more than thirty (30) calendar days after the event upon which the grievance is based will be considered late and denied. This type of late grievance shall be updated in CARTS as "Denied - Late Submission (Investigation Ongoing)" within the Interim Status Response field, and shall be thoroughly investigated. An Interim Status Notification Form shall be generated in CARTS and given to the inmate notifying him or her the grievance was submitted late and denied, but the Department will nonetheless conduct an investigation and take appropriate action in response to the grievance. No further notification to the aggrieved inmate shall be provided. The decision to conduct any investigation after the expiration of the thirty (30) calendar day deadline shall not invalidate the denial of an untimely grievance or confer any rights on the involved inmate.

If the date of receipt of a grievance comes into question, the assigned sergeant shall review the electronic Uniform Daily Activity Log (e-UDAL) and confirm that the forms had been retrieved on a daily basis. If the forms were not collected daily, an adjustment shall be made to allow for the fifteen (15) calendar days.

Under exceptional circumstances, the Unit Inmate Grievance Coordinator has discretion to accept a grievance beyond the time frames established in this section.

The basis of this discretion shall be compelling evidence or receipt of new information. An example of a situation which may be subject for consideration would be such as when it is established that an inmate was medically incapacitated and unable to file the grievance in a timely manner.

There shall be no deadline for filing Prison Rape Elimination Act (PREA) grievances by inmates.

• 8-04/050.00 Duplicate or Excessive Filings of Grievances and Appeals, and Restrictions of Filing Privileges

DUPLICATE OR EXCESSIVE FILINGS OF GRIEVANCES

In accordance with California Code of Regulations, Minimum Standards for Local Detention Facilities, Title

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15, Section 1073(b), and in order to avoid duplicate or excessive entries and the disruption of orderly and timely processing of grievances and appeals, inmates may only file, whether personally or through a third party or oversight entity, two (2) grievances per week, and no more than four (4) grievances in a month.

Medical grievances, emergency grievances, grievances related to the Prison Rape Elimination Act (PREA) or Americans with Disabilities Act (ADA), and grievances against staff (other than allegations of discourtesy and unprofessionalism, or any allegation which could not lead to discipline), use of force, retaliation, harassment, and/or racial or identity profiling, are not subject to this limit. In addition, inmates may not submit multiple grievances regarding the same topic without allowing sufficient time for a Department investigation and disposition of the original grievance. Grievances received from an inmate regarding the same issue will be categorized as duplicates and will not be processed.

When an inmate submits repeated grievances or appeals for issues that have already been addressed and/or resolved, or repeated grievances or appeals regarding an issue for which the inmate has exhausted his or her administrative remedies, the grievances shall be categorized as duplicates and shall not be processed. A notification shall be made to the inmate regarding their duplicate grievances, which shall be recorded in the Custody Automated Reporting and Tracking System (CARTS).

When an inmate files more than two (2) grievances per week, or more than four (4) grievances in a month, the Unit Inmate Grievance Team shall properly document and close the grievance in CARTS with the appropriate disposition (refer to CDM section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications"). In addition, the inmate shall be provided with a notification indicating the facility will not process the excess grievance(s), and the date after which he or she may file another grievance.

ABUSE OF THE GRIEVANCE SYSTEM

An inmate may be suspected of abusing the grievance system if the inmate submits repeated grievances or appeals over a period of time that are frivolous, malicious, contain information the grievant knows to be false, or include abusive, foul, or obscene language. A period of time will generally mean over a two (2) or three (3) month period, but can be determined on a case-by-case basis.

Inmates who are found to be abusing the grievance system shall be given a written warning by an Inmate Grievance Team member, or an electronic warning via computer tablet. If the abuse of process continues after the issuance of a written warning, the Unit Inmate Grievance Coordinator shall meet with the inmate in a timely manner, but no later than 30 days after the inmate's receipt of the written warning, before imposition of any restriction, to provide instruction in the appropriate use of the grievance and appeals process and to rule out any unintended basis for non-compliance. Instruction to the inmate shall consist of an explanation that in order to allow for the efficient handling of grievances submitted by other inmates, the Department has established the following guidelines:

inmates must allow sufficient time for the Department to respond to previously-submitted grievances; duplicate grievances or grievances exceeding weekly or monthly limits will not be processed; inmates submitting grievances which meet the criteria for grievance abuse may have their filing privileges restricted.
This meeting shall be documented in CARTS.

When an inmate continues to file excessive grievances or appeals after having been issued a warning, the unit

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commander, with the concurrence of the concerned chief, may restrict the inmate's grievance and appeal filing privileges to one (1) non-emergency grievance every thirty (30) calendar days for a period of up to twelve (12) months.

ENFORCEMENT OF GRIEVANCE FILING RESTRICTIONS

An inmate for whom a grievance filing restriction has been approved shall be advised of the restriction by the Inmate Grievance Coordinator through a Notice of Restricted Status. The notification shall contain an advisory of the length of the restriction, the number of non-emergent grievances the inmate may submit per calendar week(s) during the period of restriction, and any other appropriate information.

Collecting sergeants who receive a grievance submitted by an inmate on restricted status who has exceeded their weekly limit, shall time stamp and review the grievance, and ensure the grievance does not constitute an emergency. If the grievance concerns an emergency, the grievance shall be handled in accordance with CDM section 8-03/010.00, "Emergency Grievances." If the grievance is determined not to concern an emergency, the sergeant shall deliver the grievance to the watch commander or other designated facility lieutenant, who shall make an entry in the Inmate Grievance Restriction Activity Log, documenting the receipt and review of the grievance, and whether the grievance will be processed. On a weekly basis, the Inmate Grievance Coordinator shall collect any grievances noted on the Inmate Grievance Restriction Activity Log, and ensure they are entered in CARTS. Grievances that are not processed shall be completed with a disposition of “Not Processed – Inmate on Restricted Filing Status” (refer to CDM section 8-04/010.00, "Dispositions, Interim Status Responses, and Inmate Notifications").

The unit commander shall have discretion to not process non-emergent grievances and appeals filed by inmates whose privileges have been restricted.

• 8-04/060.00 Jurisdiction of Requests, Grievances, and Appeals

Inmate requests, grievances, and appeals will be assigned to the facility where the incident or issue in question occurred.

If a request or grievance received involves conditions or personnel at another facility, the facility receiving the form shall redirect the request or grievance to the concerned facility in the Custody Automated Reporting and Tracking System (CARTS), and mail the original. The concerned facility shall be responsible for completing the request or grievance investigation as delineated in sections 8-02/010.00, "General Requests" and 803/005.00, "Inmate Grievances."

In most instances, grievances against staff will be handled by the involved employee's unit of assignment. In cases where there are involved employees from multiple units, the involved unit commanders will decide who will have primary responsibility for the handling of the inquiry and will coordinate one response for the grievance. If an employee becomes the subject of a grievance about his or her conduct while working overtime at another unit, then the unit commander of the facility where the incident took place is responsible for conducting the review of the grievance.

In cases where the grievance involves conditions, events, or personnel at another agency, the Inmate Grievance Team at the receiving facility shall scan and enter the form into CARTS, and assign it a reference number. The original grievance form and all pertinent documents shall be forwarded to the concerned agency,

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and the grievance shall be closed in CARTS under disposition “Referred – Other station/agency/entity." The filing inmate shall be notified through an Inmate Notice of Disposition that the grievance has been forwarded to the concerned agency. All subsequent questions from the inmate shall be directed to the handling agency.
Final decisions of jurisdiction may be resolved by the respective division chief, through the chain of command.
• 8-04/070.00 Retention of Requests, Grievances, and Appeals
Pursuant to Custody Division Manual (CDM) section 4-13/000.00, "Retention of Records," custody facilities shall retain all inmate grievances and appeals, as well as all requests requiring reference numbers, for five (5) years. Requests or grievances which have been scanned into the Custody Automated Reporting and Tracking System (CARTS) do not need to be physically stored as they will be digitally retained. If the signed notification of disposition is not scanned into CARTS, the originating unit shall store the original for the five (5) year retention period.
Correctional Health Services (CHS) shall retain all healthcare grievances and appeals for seven (7) years.
• 8-04/080.00 Internal Review
UNIT COMMANDER
Unit commanders shall monitor the grievance process in their facilities to identify, modify, or eliminate practices which are unnecessary or may impede the accomplishment of the Division's mission and goals.
As a part of this process, unit commanders shall be responsible for:
Monitoring monthly statistics to ensure that the Department's investigations of grievances, responses to grievances, grievance appeals, and notifications to inmates are being conducted in accordance with the standards and procedures set forth in this policy; Analyzing inmate grievances to identify problematic trends; Reviewing and monitoring the Personnel Recording and Monitoring System (PRMS) to ensure that grievances against staff are appropriately tracked and documented.
Inmate grievance and appeal information shall be utilized as an early warning indicator to identify and respond to potential sources of liability for the Department.

DIVISION INMATE GRIEVANCE COORDINATOR

The Division Inmate Grievance Coordinator shall conduct monthly reviews of all units within Custody Operations to ensure compliance with the standards and procedures set forth in this policy. Any irregularities identified by the Division Inmate Grievance Coordinator shall be reviewed by the unit commander from the originating unit and reported back to the Division Inmate Grievance Coordinator.

In addition, as part of the audit process for inmate grievances, the Division Inmate Grievance Coordinator shall be responsible for:

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Reviewing emergency grievances received and handled by each facility and/or unit and determine if they were handled in accordance with policy and notifying the respective facility's unit commander if any were not handled properly; Maintaining and reviewing a grievance collection log and monitoring compliance with the collection procedures set forth in this policy; Regularly tracking the Department's handling of inmate grievances, ensuring that the investigations are completed timely and reasonably, and that inmates are notified of the results of the investigations; Providing a monthly report to unit commanders and Custody Operations executives of the status of inmate grievances, the timeliness of the Department’s investigations of the grievances, responses to grievances and grievance appeals, and notifications to inmates of the results of the investigations and grievance appeals; Analyzing inmate grievances monthly to identify any problematic trends and providing that analysis in a monthly report to unit commanders and Custody Operations executives.
DIVISION EXECUTIVES
Division executives, under the direction of the Assistant Sheriff of Custody Operations, shall review and monitor the inmate grievance process and shall ensure it operates effectively and consistently with this policy.

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DECLARATION OF JACKIE CLARK 1
I, Jackie Clark, declare and state as follows:
2
3 1. I have been the County of Los Angeles Director of Correctional Health Services since

4 2016. I am a registered nurse with more than twenty-five years of experience in correctional

5 facility health management and am responsible for managing medical and mental health care in
6
the Los Angeles County Jail. In such capacity, I have personal knowledge of the following facts.
7
2. The Los Angeles County Jail is comprised of eight facilities. At this time, after a
8
9 reduction of more than thirty percent, fewer than 12,000 inmates are housed in these facilities.

10 Correctional Health Services (“CHS”), a division of the Department of Health Services (“DHS”),

11 provides medical and mental health services to incarcerated individuals. CHS has approximately
12
two thousand medical personnel, including physicians, physician's assistants and nurse
13
practitioners. CHS has an onsite licensed facility, the Correctional Treatment Center, which
14
15 provides a level of care which exceeds both outpatient and skilled nursing facilities and has

16 approximately two hundred beds. CHS also has two urgent care facilities, a medical outpatient

17 sheltered housing unit (“MOSH”) which serves patients with chronic care needs, a Positive Care
18
dorm which serves patients who are HIV positive, a primary care team assigned to each facility,
19
outpatient clinics, as well as nurses assigned to all sites/ 24/7 to respond to any medical
20
21 emergency and routine health needs. CHS is also supported by the Los Angeles County Medical

22 Center (“LAC-USC”), Harbor-UCLA Hospital and Henry Mayo Newhall Hospital for acute care

23 and specialty services. DHS has also assigned a full-time physician who specializes in

24
infectious diseases to provide guidance and clinical oversight to CHS during this pandemic.

25

3.
26

I am informed and believe that Plaintiffs in this matter have filed an Application for a

27 Temporary Restraining Order (“TRO”) against the Department based on allegations that the

28 Department is failing to protect the health and safety of inmates in County jail facilities by way

DECLARATION OF JACKIE CLARK

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of exposure to COVID-19. I offer this declaration in opposition to Plaintiffs’ TRO and to
1
2 provide the Court with relevant details regarding the response to the COVID-19 pandemic.

3 Given the limited time to oppose the TRO, I cannot articulate all of the steps and procedures we

4 have taken to try to protect our inmates and staff. I hope the Court understands and appreciates
5
that we take this crisis very seriously.
6
4. In collaboration with the Los Angeles County Sheriff’s Department (“Sheriff’s Dept.”),
7
8 CHS initiated the preparation preparing and planning for the Coronavirus Disease 2019

9 (“COVID-19”) on February 10, 2020. Even at this early stage and well before the first known

10 case of community transmission in Los Angeles County, CHS worked with (and continues to
11
work with) Department of Public Health physician Dr. Zach Rubin and his COVID-19 staff to
12
learn about the virus and develop an initial plan for the Los Angeles County Jail. As in the
13
14 community, the situation has been rapidly evolving and dynamic.

15 5. The County’s related departments have worked closely to communicate about and

16 provide solutions related to the prevention and treatment of COVID-19 and to ensure that the

17
County is prepared to provide the medical care needed.

18

6.
19

Senior leaders from CHS and the Sheriff’s Department are in constant communication

20 and meet daily, seven days per week, to discuss operational matters, including new patients with

21 positive results, new persons under investigation (“PUI”), personal protective equipment (“PPE”)

22 and other equipment needs, the status of quarantine areas and its patients, logistical matters and

23
to promptly identify and solve any issues related to COVID-19.

24

7.
25

Senior leaders from DHS, including infectious disease specialists, meet daily, seven days

26 per week, to discuss best practices shared across the County medical care system and to promptly

27 identify and solve any issues related to COVID-19. The meeting also includes a discussion of

28

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new available treatments and an evaluation of each facility’s supply of PPE which can be shared,
1
2 redistributed, or expedited, as needed.
3 8. I am also a member of a nationwide coalition of correctional health leaders who meet 4 weekly to share challenges, solutions, and outcomes related to preventing, responding to and
5
treating COVID-19 specifically in a correctional setting.
6
9. On the morning of April 26, 2020, there were 41 patients with positive tests and 27 who
7
8 were previously positive but who have recovered. There were 80 patients identified as PUIs. To
9 date, no inmate has died from a COVID-19 related death. 10 10. On March 13, 2020, CHS implemented the Correctional Health Services COVID-19
11
Response Plan entitled “COVID-19 Steps to an Effective Response, March 13, 2020.” A true
12
and correct copy is attached hereto as Exhibit 1. Among other things, the plan detailed protocols
13
14 for screening new individuals entering the jail system, testing and isolation of patients under
15 investigation (PUI), sanitation, efforts to reduce staff risk and the coordinated COVID-19 16 containment efforts with the Sheriff’s Department, the Department of Public Health, and the Los
17
Angeles County criminal courts. This plan was based on the then existing best practices. Due
18
to the dynamic nature of this pandemic, we have made many additions and improvements to this
19
20 plan as the health care community's knowledge of the virus developed. Some of the updated
21 details of our current protocols are included below. 22 11. On March 23, 2020, the Center for Disease Control and Prevention issued its Interim
23
Guidance on the Management of COVID-19 in Correctional and Detention Facilities. [“CDC
24
Guidance”] In collaboration with the Sheriff’s Department and the Department of Public Health,
25
26 we have reviewed this guidance and used it to inform our best practices.
27
28
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Arrival of New Arrestees
1
2 12. In collaboration with the Sheriff’s Dept., CHS has developed a robust screening process
3 to identify and isolate potentially infected inmates during the booking process and before they
4 enter the jails.
5
13. Using the Arrestee Medical Screening Form, arresting officers ask questions in the field
6
that identify persons who are potentially infectious. This form has been amended to add
7
8 questions about cough or fever of both the arrestee and persons with whom the arrestee has had
9 contact. Those who provide affirmative responses are given masks and isolated from others.
10 14. Both the Inmate Reception Center and the Century Regional Detention Facility now have
11
tents outside of intake for the isolation and evaluation of any arrestee who may have COVID-19
12
related symptoms. These preliminary precautions are designed to minimize contact of any
13
14 potentially infected arrestee with persons who are already inside the Jail and protect staff.
15 15. Upon arrival, a CHS registered nurse takes the temperature of all arrestees and asks a
16 series of 33 health questions to identify their ongoing health needs. Although the screening was
17
already designed to identify persons with infectious diseases, the additional three questions were
18
added specifically identify those who have COVID-19 symptoms or may have been exposed to
19
20 someone with COVID-19.
21 16. If a person has symptoms known to be related to COVID-19, he or she is identified as a
22 person under investigation (“PUI’), is given a mask, and is isolated. In March, we broadened
23
this criteria so that persons with any symptoms associated with COVID-19will be designated as
24
PUI even if they do not have a fever.
25
26 17. A PUI is sent directly to the Correctional Treatment Center or its designated medical
27 overflow housing modules. Once there, the PUI remains isolated, is tested and is monitored and
28 treated.
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18. Any arrestee who accompanied or came in contact with the symptomatic arrestee is
1
2 subsequently quarantined.
3 19. At the Century Regional Detention Facility ("CRDF"), which is the women’s facility, all 4 new arrestees are evaluated, as described above before entering the facility. Any female who is
5
identified as a PUI is immediately taken to the Inmate Reception Center at and does not enter
6
CRDF, thus mitigating the introduction of COVID-19 at that facility. For those who have no
7
8 symptoms and are admitted to CRDF, all arrivals are assigned to the same housing location for at
9 least fourteen days. In this introductory housing location, inmates are regularly monitored and 10 checked for symptoms before they are dispersed into general population. This protocol is
11
implemented for male arrestees as well to the extent space permits.
12
20. It is anticipated that CHS will begin testing all new arrestees (male and female) for
13
14 COVID-19 on or before May 1, 2020. CHS will continue to monitor the clinical value of this
15 practice and confer with public health experts to evaluate the efficacy of this new practice. 16 Protection of Inmates After Intake
17
21. Incarcerated individuals are informed of COVID-19 prevention techniques by videos
18
displayed at intake and in each housing unit. Demonstrative posters are also displayed. CHS
19
20 participates in town hall meetings to educate inmates.
21 22. Based on information and belief, tissue is not provided but inmates have full access to 22 toilet paper. Inmates are provided soap and are not encouraged to share. Staff has been
23
instructed to provide soap upon request.
24
23. CHS’s inmate group activities have been suspended to honor recommended social
25
26 distance practice. Non-essential medical appointments have been rescheduled or suspended to
27 minimize contact.
28
DECLARATION OF JACKIE CLARK

Case 2:20-cv-03760-RGK-PLA Document 28-5 Filed 04/27/20 Page 6 of 19 Page ID #:1315
24. After intake, inmates may report symptoms and/or request medical attention by 1)
1
2 informing staff in their housing location or 2) submitting a health care request form. These
3 requests are evaluated daily by a registered nurse. Patients expressing symptoms related to 4 COVID-19 are expedited for evaluation by a nurse and referred to a medical provider if
5
clinically indicated.
6
25. When a PUI is identified, a mask is placed on them and they are moved to the CTC or its
7
8 designated overflow location. The housing pod or dorm from which the PUI came is quarantined
9 until the test results are known. If the test results are positive, the quarantine group remains 10 quarantined for at least fourteen days.
11
26. A quarantined inmate is one who has been exposed to a PUI but who is not exhibiting
12
any symptoms related to COVID-19. CHS provides masks to quarantined inmates, closely
13
14 monitors them and conducts temperature checks at least twice per day. CHS also monitors the
15 oxygenation of the blood with a pulse oximeter to identify possible infection. 16 27. Isolation is the placement of a PUI into their own space. A person in isolation is
17
provided a mask, tested, and closely monitored by medical personnel
18
28. Patients whose COVID-19 test results are positive remain in isolation and receive
19
20 treatment based on their individual signs and symptoms.
21 29. Patients who suffer from other medical conditions that make them particularly vulnerable 22 receive enhanced observation. We have offered and provided the flu vaccine to vulnerable
23
patients. While the flu vaccine does not prevent infection by COVID-19, some research shows
24
that patients who have been vaccinated experience milder symptoms of COVID-19. Those who
25
26 need acute care are transferred to the hospital where they remain until they can be safely
27 transferred to the CTC.
28
DECLARATION OF JACKIE CLARK

Case 2:20-cv-03760-RGK-PLA Document 28-5 Filed 04/27/20 Page 7 of 19 Page ID #:1316
30. Patients are not removed from isolation until they have two negative tests at least twenty-
1
2 four hours apart and have been symptom free for at least seventy-two hours. Once this occurs,
3 patients who have been quarantined because of their contact with the PUI are released from 4 quarantine.
5
31. Upon my recommendation, the Sheriff’s Dept. have imposed restrictions which eliminate
6
non-essential visitors from entering the facility.
7
8 Testing
9 32. To date, consistent with clinical standards in the community, diagnostic testing decisions 10 have been made by physicians based on the symptoms of the patient and the clinical discretion of
11
the provider.
12
33. Diagnostic tests are collected on site and then sent to a lab. We currently receive results
13
14 in approximately 24-48 hours. These results are promptly shared with the patient.
15 34. Beginning next week, CHS will make testing available to a large portion of our 16 vulnerable patients including those with serious mental illness and those who reside in MOSH,
17
CTC and the Positive Care dormitory. In collaboration with DPH and our infectious disease
18
experts, we will closely evaluate outcomes and determine best practices for the ongoing
19
20 expansion of testing. This testing will be in addition to that planned for intake and those who
21 have been identified as PUIs. 22 Preventing Transmission to and from Medical Staff
23
35. CHS supplies all CHS personnel with N95 or surgical masks, available at facility
24
entrances at the beginning of the shift. Face shields and gowns are provided to staff working
25
26 directly with PUIs and patients who have tested positive for COVID-19. CHS has an adequate
27 supply of PPE. CHS also has a reserve supply of these items.
28
DECLARATION OF JACKIE CLARK

Case 2:20-cv-03760-RGK-PLA Document 28-5 Filed 04/27/20 Page 8 of 19 Page ID #:1317
36. Similar to community protocols, effective on or about April 10, 2020, CHS required staff
1
2 to wear surgical masks routinely and N95 masks for those treating a PUI or COVID-19 positive
3 patient. 4 37. CHS personnel are assigned to the same location as much as possible to limit the
5
movement. We have also implemented new practices to minimize movement by employees. For
6
example, we have increased the number of patients who may keep medication in their cell
7
8 (“KOP”) and the amount of medication they may have. This eliminates some contact that would
9 have occurred in the pharmacy and in the housing units for pill distribution. 10 38. CHS has unequivocally directed staff to take their temperature in the morning and at
11
night. Signs are posted at all entrances telling employees that they may not enter the facility
12
unless they comply with this requirement, if they have COVID-19 symptoms, or have had
13
14 contact with a COVID-19 positive person in the past 14 days. Employees assigned to CTC are
15 required to have their temperature taken at the beginning of their shift. 16 39. Employees must stay home or leave work if they are sick. Employees are offered free
17
COVID-19 testing if they have related symptoms. Employees must identify themselves
18
immediately if they have tested positive for COVID-19. DHS has also created a dedicated email
19
20 to address and respond to employee questions about COVID-19 protocols and recommendations.
21 40. Upon notification of a positive test, designated staff trace the employee’s assignments to 22 identify persons with whom contact posing a risk of transmission may have occurred. Such
23
persons are notified, provided information, and assessed for testing, quarantine, monitoring or
24
reassignment.
25
26 41. CHS staff has been provided COVID-19 related training in the areas of handwashing,
27 protocols for wearing and removing PPE, and respiratory precautions.
28
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Case 2:20-cv-03760-RGK-PLA Document 28-5 Filed 04/27/20 Page 9 of 19 Page ID #:1318
42. CHS executives distribute a daily COVID-19 email briefing to staff which includes
1
2 updates on COVID-19 clinical processes and answers questions submitted by staff. CHS
3 executives also conduct regular virtual meetings to share new information and to address staff
4 concerns.
5
43. CHS has reviewed staff positions and moved any possible positions to telework. In some
6
areas, we have also staggered shifts so that employees do not share workspaces or arrive in large
7
8 groups. Supervisors have been directed to eliminate discipline for tardiness so that employees
9 may comply with directives which limit capacity in elevators and sally ports.
10 44. Most meetings are conducted via telephone. In person meetings are significantly limited
11
and only conducted in areas that allow for six feet of space. Staff are expected to perform their
12
non-patient work in areas allowing six feet of distance. Supervisors monitor compliance.
13
14 45. CHS employees with front line patient care responsibilities can chose to stay in a hotel, at
15 County expense, rather than going home – thereby reducing potential exposure to sick family
16 members.
17
Cleanliness of Medical Facilities and Equipment
18
46. CHS provides hand sanitizer to all employees. The adequacy of supply is closely
19
20 monitored.
21 47. CHS has contracted with three vendors to provide enhanced cleaning in locations where
22 patients with positive results reside as well as to provide additional cleaning of workspaces.
23
First, we contracted for disinfectant and sanitizing services by trained certified infection
24
prevention technicians who wear PPE and use disinfectant approved by the CDC to kill COVID-
25
26 19. Next, we contracted for additional terminal cleaning using an electrostatic system in
27 compliance with CDC requirements. (Terminal cleaning is mandated cleaning of patient rooms
28 or cells after a patient is moved and before a new patient arrives.) Further, employees are
DECLARATION OF JACKIE CLARK

Case 2:20-cv-03760-RGK-PLA Document 28-5 Filed 04/27/20 Page 10 of 19 Page ID #:1319

Case 2:20-cv-03760-RGK-PLA Document 28-5 Filed 04/27/20 Page 11 of 19 Page ID #:1320
Exhibit 1

Case 2:20-cv-03760-RGK-PLA Document 28-5 Filed 04/27/20 Page 12 of 19 Page ID #:1321
COVID-19 STEPS TO AN EFFECTIVE RESPONSE
MARCH 13, 2020
CORRECTIONAL HEALTH SERVICES LOS ANGELES COUNTY DEPARTMENT OF
HEALTH SERVICES
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CORRECTIONAL HEALTH SERVICES COVID-19 RESPONSE PLAN
DEFINITIONS
Isolation—the procedure of separating a person who is already sick from others who are not ill in order to prevent the spread of disease. The term isolation is distinct from the term quarantine. Incubation Period—the length of time between an exposure to an ill person and the development of symptoms in another person. The incubation period of COVID-19 is 2 to 14 days; mean of 5 days. Non-Pharmacologic Measures—actions taken to prevent the spread of virus within a facility that include handwashing, environmental cleaning, and social distancing between well and unwell individuals. Person Under Investigation (PUI)—person with symptoms and epidemiological risk factors for being infected with COVID-19 from whom a sample has been obtained, though the results are pending. Personal Protective Equipment (PPE)—used upon entry into patient space (< 6 feet) or exam room. Includes impermeable gown and gloves, a N95 mask or Powered Air Purifying Respirator (PAPR), and eye protection. Quarantine—the procedure of separating and restricting the movement of persons who are not sick yet but who were exposed. This allows for rapid identification of those who will become sick.
COVID-19 IN THE CORRECTIONAL SETTING
Correctional facilities pose unique challenges for control of COVID-19 transmission. Incarcerated individuals commonly live in congregate settings, increasing the risk for COVID-19 to spread once introduced to the facility. Additionally, the high turnover in jails, coupled with the daily traffic of staff and arrestees between facilities and outside systems (courts, medical appointments), further heighten the potential for community spread. The Los Angeles County Department of Health Services Correctional Health Services (CHS), with guidance from the Department of Public Health (DPH), is implementing processes to mitigate the spread of the novel (new) coronavirus disease 2019 (abbreviated COVID-19) within and outside CHS facilities. The goals of this document is to outline strategies to:
• Prevent and reduce the spread of COVID-19 within CHS. • Prevent and reduce the spread of COVID-19 between and outside of facilities.
COVID-19 GENERAL INFORMATION
COVID-19 (Coronavirus) is part of a large family of RNA viruses called Coronaviruses that spreads through droplets when an infected person coughs or sneezes. COVID-19 spreads exponentially within a population. Without mitigation measures, each infected person infects 2.5-3.5 others; therefore, the number of infected inmates can overwhelm medical and prison staff within a short period of time.
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Common symptoms of COVID-19 include fever and a cough, followed by the development of shortness of breath, muscle aches and headache. The respiratory symptoms may abruptly worsen after several days causing bronchitis, pneumonia, or acute respiratory distress.
Around 80% of patients have only mild symptoms; 15% require medical support; and around 5% may require ICU level care. Symptoms are not as severe in younger persons; however, older individuals and those with co-morbid conditions are at greater risk of morbidity and mortality.
The incubation period for COVID-19 is 2-14 days with a mean of 5 days. The disease is believed to be most contagious when infected persons are the most symptomatic, and viral shedding may occur for some time after recovery. The window of infectivity has not been established.
There is no vaccine against the COVID-19. The best prevention is handwashing, cleaning of high-touch surfaces and avoidance of close contact with infected individuals.
BACKGROUND (Los Angeles County)
The more prevalent a pathogen is in the community, the more cases we will experience in the jail. As of 3/13/2020, LA County had 40 confirmed cases of COVID-19, and we may begin to experience an increase in the number of cases with increased testing capabilities. Although seasonal influenza is responsible for 36,000 deaths and over 200,000 hospitalizations annually, it has been studied for decades and is a vaccine-preventable disease. The novel nature of COVID-19, however, makes it hard to predict in terms of overall spread, morbidity, and death.
PURPOSE The purpose of this plan is to prevent or limit entry and transmission of COVID-19 in the jails. Adherence to this plan will ensure consistent practice in providing a safe environment for Correctional Health Services (CHS) and Los Angeles Sheriff Department (LASD) patients, staff and visitors in the jail.
SCREENING TO KEEP COVID-19 FROM ENTERING THE JAIL
On February 10, 2020, CHS initiated conversations with LASD leadership to institute proactive measures to prevent individuals with symptoms consistent with COVID-19 from entering the jails. This was accomplished via the following:
Arrestees are rapidly assessed for symptoms early in the intake process
Efforts are made to identify arrestees who may have been exposed to COVID-19 prior to entering the jail. The Arrestee Medical Screening Form has been amended to include the following questions:
1. Do you currently have a cough? 2. Do you have a fever or feel warmer than usual? 3. Have you or family members around you traveled outside of the US in the past 14 days?
(As of 3/24/20, question #3 was removed as a triage question)
If the arrestee answers "yes” to any of these questions, law enforcement staff is instructed to isolate the arrestee and place a surgical mask on the arrestee. Law enforcement staff is instructed to don N95
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masks during transport. The arrestee is then transported to the Inmate Reception Center (IRC) of either the Twin Towers Correctional Facility or the Century Regional Detention Facility where the arrestee remains in the transportation compound to await COVID-19 screening.
Symptomatic patients are rapidly segregated for further clinical assessment
Screened patients are segregated from other patients in the transportation compound for further clinical COVID-19 screening. A CHS Registered Nurse (RN) assigned to the transportation compound will complete a clinical assessment including vital signs. This will be completed before the patient enters the jail facility. If the patient is detected to have acute upper respiratory symptoms (cough, shortness of breath) and/or a fever (temperature > 100.4), the patient is escorted to the Correctional Treatment Center (CTC) and admitted directly into a single man cell.
All clinical and non-clinical interactions in this isolation area will adhere to DPH recommended precautions for suspected COVID-19. This includes the use of indicated personal protective equipment (PPE) – surgical masks and gloves. All symptomatic patients will be required surgical masks when moving through common areas of the facility. Transporters of symptomatic patients will be required to wear gloves in addition to surgical masks and gloves.
Suspected COVID-19 patients are housed in isolation while they get tested
The nurse will document the temperature, pertinent symptoms and history indicating that the patient meets COVID-19 evaluation criteria. Orders will be placed by an on-call provider and a CTC provider will continue evaluation. If the CTC provider determines that the patient meets criteria for COVID-19 testing, the provider will contact the DPH On-Call COVID-19 physician to arrange for testing through the Public Health Lab.
The patient will remain in isolation for 7 days and 3 days after the improvement of symptoms without fever reducing medication, whichever is longer. If the patient has a negative COVID-19 test, the patient can be removed from isolation and return to appropriate non-isolation housing. If the patient had not received a screening Chest X-ray on presentation to TTCF or CRDF, they will receive the CXR with a formal reading prior to discharge from CTC 2nd floor isolation housing (or 211, whichever is applicable).
Additional infection control measures have been implemented to prevent to prevent viral spread in the CTC, which typically houses chronically ill patients. CHS and LASD staff entering the CTC have their temperature taken prior to beginning their shift. If a fever is detected, staff are advised to contact their primary care provider and are not allowed to enter the CTC. Additionally, all staff, trustees and visitors to the CTC 2nd, 3rd or 4th floor will wear a surgical mask when in contact with a patient. Measures have been made to ensure that patients on the 3rd and 4th floor of the CTC are not exposed to any patient that might be infected with COVID-19. Lastly, non-essential staff entry to the CTC has been limited.
Newly symptomatic patient in custody
Newly symptomatic patients will be isolated within their housing unit if clinically stable
In the case where a patient develops symptoms while in custody, the patient is isolated by nursing staff on the floor where the patient is housed. Clinical staff will notify DPH COVID-19 physician on-call to
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determine if the patient should be tested for COVID-19 (PUI). If the patient is determined to be a PUI, they are moved to the 2nd floor of the CTC (or if full, to T2-211) where COVID-19 testing will be carried out. The surrounding pod or dorm from which the inmate originated is placed on quarantine until the results of the COVID-19 test are known.
CHS will work with DPH to identify close contacts
Close contacts of a newly symptomatic patient or staff will be identified. For patients, they will be in quarantine for 14 days. If the symptomatic patient tests negative for COVID-19, that person can be removed from quarantine.
Staff who are identified as close contacts should be quarantined for 14 days. In situations of critical workforce shortages, staff who have been exposed can continue to work provided they self-monitor for fever and respiratory symptoms twice daily. Staff who are close contacts who continue to work should wear a surgical mask for 14 days.
Sanitation best practices
Cleaning staff will routinely and effectively clean and disinfect all frequently touched surfaces and objects, such as doorknobs, bannisters, countertops, faucet handles, and phones. Environmental cleaning is done with EPA-approved healthcare disinfectant consistent with recommended wet contact time.
Strategies to Prevent and Reduce the Spread of COVID-19 Between and Outside CHS Facilities Staff are routinely reminded and advised to isolate at home if they are symptomatic
Efforts are also being made to identify staff who may have been exposed to COVID-19 and to keep them from entering the jail. CHS and LASD staff are being educated on the symptoms of COVID-19. Posters have been placed at entry points in the jail, breakrooms, and gyms. Staff entering the jail should selfmonitor two times daily for fever and symptoms of lower respiratory tract infection (cough or shortness of breath) and should not report for duty if they complain of these symptoms. CHS is exploring effective and feasible ways to monitor incoming staff for fever prior to starting shift.
CHS and LASD staff are provided daily briefings on COVID-19 and receive regular updates from Human Resources and management. The daily email transmittal newsletter entitled CHS COVID-19 Update is sent to all staff.
The above screening procedures remain in effect and will be adjusted as additional information and guidance are available.
Coordination between LASD and CHS
Measures have been implemented to ensure coordination with LASD, including the following: • Daily briefings are held on COVID-19 to discuss various matters including developing information, procedures, and resources.
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• Human Resources updates are being provided to educate and update employees on COVID-19. • CHS and LASD staff have been educated on when to wear PPE, what to wear, and PPE storage
locations within each facility. • Weekly meetings are being held between LASD leadership and the CHS Chief Clinical Officer.
The CCO is in constant communication with LASD Leadership with any medical updates. • Daily meetings are being held on COVID-19 with CHS, LASD and facility staff. Meetings include
updates, troubleshooting, current status, assessments of resources, procedures, expected releases, and other matters pertinent to the COVID-19 efforts.
Coordination between CHS and DPH
Measures have been implemented to ensure coordination with LAC DPH who is leading the county's COVID-19 efforts.
• CHS leadership carefully monitors local, state and federal guidelines relating to COVID-19 and confers with other correctional facilities regarding best practices.
• CHS works closely with DPH and the leaders of its COVID-19 team to identify best practices, alert DPH of situations within the jail, seeks DPH's advice and institutes its recommendations, coordinates resources, and ensures adequate resources are available to CHS.
• CHS is in constant communication with the leaders of the DPH team and has daily conference calls with DHS management.
• CHS is coordinating with DPH and DHS to allocate resources and supplies with other DHS facilities and throughout the County.
Infection Control
Infection control remains a constant focus for CHS and LASD staff within the jails.
• CHS leadership has educated all CHS medical staff and LASD staff regarding the importance of hand hygiene and cleaning to prevent the spread of COVID-19.
• CHS has instructed LASD to increase the cleaning schedule in all jails and ensure that there is an adequate stock of cleaning materials.
• CHS has requested that LASD install additional hand sanitizer dispensers in all LA County Jail facilities
• Inmates have been and continue to be educated on the importance of keeping their cells clean and maintaining hand hygiene.
• Arrestees and inmates are instructed to report signs and symptoms of flu-like illness. • Designated individuals have been assigned for terminal cleaning in the event of a COVID-19
positive patient within the jails.
Criminal Court Departments
CHS is working with the courts to prevent the spread of COVID-19. • CHS has met with judges and court staff to set the criteria for an arrestee reporting to court. • Communication plans have been implanted for "go or no go” court dates. • Video arraignments will be conducted whenever possible. • LASD has and continues to coordinate the release of arrestees whenever possible.
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Inmate visitation
CHS has attempted to prevent the spread of COVID-19 by limiting the number of individuals given access to the jails or coming in contact with CHS and LASD staff. Initially, CHS recommended the following:
• Limit family visits and/or size. • Limit and minimize contact with public. • To the extent feasible, reduce attorney visits. • Allow increased telephone availability. • Post visual alerts at entrances and in strategic places providing instruction to visitors on hand
hygiene and cough etiquette. • Ensure supplies are available for visitors (tissues, waste receptacles, alcohol-based hand
sanitizers)
In light of escalating community spread, CHS now recommends that visitations not be continued at this time to eliminate the possible transmission of the COVID-19 virus between visitors and staff. CHS also recommends that non-essential volunteers be temporarily excluded from the jail to avoid the risk of transmission.
Patient education
CHS continues to work with LASD to create a communication plan to inform inmates about COVID-19, precautions, and the county's efforts to prevent its spread within the jails.
• Inmates are informed to immediately notify CHS medical staff if they exhibit symptoms consistent with COVID-19.
• Posters are posted in key locations within the jail including all common areas describing the symptoms of COVID-19 and precautions inmates can take including washing their hands, keeping cells clean and social distancing where possible.
Supplies and testing
CHS monitors the availability of necessary supplies for staff and patient testing. • Reorders PPE, cleaning supplies, and testing supplies as necessary. • Coordinates resources with DHS and DPH. • Has implemented a comprehensive Test Order Process with Quest Laboratories for timely testing of COVID-19 persons under investigation.
Coordinated Transfers to CDCR
CHS is coordinating the transfer of inmates between the jail and the California Department of Corrections and Rehabilitation (CDCR) to minimize the risk of COVID-19 transmission. During the week of March 25th, all non-essential transfers between CDCR and The Los Angeles County Jail were suspended. At the same time, there will be no transfers from outside counties agencies to the Los Angeles County Jail except for serious or violent crimes.
Postponement and rescheduling of non-essential medical appointments
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Nonessential medical appointments have been rescheduled to reduce the risk of transmission and free up services for COVID-19 needs. Restrict congregate group activities CHS is reviewing all congregate group activities (group classes) and working to modify them to not exceed 1 participants while maintaining appropriate social distancing. Data collection CHS is maintaining data for any persons under investigation for COVID-19. Daily updates are provided to DHS to aid in the tracking of COVID-19 issues. Outbreak preparedness CHS is committed to ensuring the health safety of all CHS and LASD staff and inmates within the jails. • Tents are being placed at the IRC (TTCF and CRDF) to allow for inmate processing in an attempt to
limit COVID-19 spread within the jails in anticipation of an increased disease burden. • Designated locations have been identified for potential quarantine of inmates.
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 Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 1 of 44 Page ID #:450

1 Dan Stormer, Esq., SBN 101967 dstormer@hadsellstormer.com
2 Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4

Shaleen Shanbhag SBN 301047 Hadsell Stormer Renick & Dai LLP

5 128 N. Fair Oaks Avenue

6

Pasadena, California 91103 Telephone: (626) 585-9600

7 Facsimile: (626) 577-7079

8

9

Barrett S. Litt, SBN 45527 blitt@kmbllaw.com

10 Lindsay Battles, SBN 262862

11

Kaye, McLane, Bednarski & Litt, LLP 975 East Green St.

12 Pasadena, California 91106

13 Telephone: (626) 844-7660 14 Facsimile: (626) 844-7670

15 Attorneys for Plaintiffs 16 Other Counsel on Following Page

17

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

18

19 Cullors, et al., individually and as

Case No. 20-cv-03760-DDP

20 class representatives

[Hon. Dean D. Pregerson]

21

22

23

vs.

Plaintiffs,

EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION; MEMORANDUM OF POINTS AND AUTHORITIES IN

24 COUNTY OF LOS ANGELES,

SUPPORT THEREOF FILED

25 26

SHERIFF ALEX M VILLANUEVA, CONCURRENTLY WITH

in his official capacity, et al,

DECLARATIONS; EXHIBITS; [PROPOSED] ORDER

27

Defendants.

28

2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 2 of 44 Page ID #:451

1

2 [Additional Counsel continued from previous page]

3 Alec Karakatsanis* Katherine C. Hubbard, Esq. [S.B. #302729]
4 CIVIL RIGHTS CORPS

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION 915 15th St., N.W.

5 1601 Connecticut Ave. NW, Ste. 800

6

Washington, DC 20009 Telephone: (202) 894-6126

Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931

7 Facsimile: (202) 609-8030

Email: ebalaban@aclu.org

8

Email: alec@civilrightscorps.org katherine@civilrightscorps.org

9

Andrea Woods, Esq.* AMERICAN CIVIL LIBERTIES UNION

10 Catherine Sweetser, SBN 271142

11

Alicia Virani, SBN 281187 Aaron Littman, SBN 330283

125 Broad Street, 18th Floor New York, NY 10004 Telephone: (212) 549-2528

12 UCLA LAW CLINICS

Facsimile: (212) 607-3329

13

385 Charles E. Young Drive East Los Angeles, CA 90095

14 (310) 825-9562

Email: awoods@aclu.org Peter J. Eliasberg, Esq. [S.B. #189110]

15 Email: csweetser@sshhlaw.com

virani@law.ucla.edu

16

littman@law.ucla.edu

ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St. Los Angeles, CA 90017

17

Telephone: (213) 977-9500

18

Facsimile: (213) 977-5299 Email: peliasberg@aclu.sc.org

19

20

21

22

23

24

25

26

27

28

2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 3 of 44 Page ID #:452

1

Plaintiffs Rodney Cullors, DeNeal Young, Jessica Haviland, Rany Uong, Mark

2 Avila, Carole Dunham, LeAndrew Lewis, Victor Guttierez, and Jeremiah Farmer hereby

3 apply ex parte to the Court pursuant to Federal Rule of Civil Procedure 65 and Local

4 Rule 65-1 for a Temporary Restraining Order restraining Defendants from failing to

5 follow procedures, recommended by medical professionals and public health officials, to

6 ensure those detained in the Los Angeles County jails: 1) are informed about the

7 existence of COVID-19 and the CDC and Los Angeles Department of Public Health

8 recommendations relating to the disease; 2) can practice social distancing; 3) can

9 maintain necessary hygiene and sanitation; and 4) have access to adequate and timely

10 medical treatment to screen, test, and treat symptoms. Plaintiffs also seek emergency

11 relief for release procedures for the medically vulnerable subclasses identified in the

12 complaint and the accompanying motion for class certification. Plaintiffs also seek

13 related emergency as is presented in detail in the Proposed Order submitted with this

14 Application, and the setting of a date for a Preliminary Injunction hearing.

15

The grounds for this Application are more fully set forth in the Complaint,

16 Declarations, Exhibits and Memorandum in support of this application.

17

Good cause exists to issue the requested relief as 1) Plaintiffs are likely to succeed

18 on the merits of their claim that Defendants’ deliberate indifference to the serious risk

19 that COVID-19 poses to Plaintiffs and Class Members, particularly members of the

20 Medically-Vulnerable Subclasses, violates their rights under the Eighth and Fourteenth

21 Amendments; 2) without immediate injunctive relief from this Court, there is a

22 substantial risk that Plaintiffs will suffer irreparable harm of serious illness and possibly

23 death; 3) entry of an injunction poses no harm to Defendants and, indeed, will benefit

24 Defendants because the ongoing conditions in the jails put jail staff at risk as well; and

25 4) it is in the public interest to grant an injunction to prevent the spread of COVID-19

26 within the Los Angeles County jails because an outbreak will have serious ramifications

27 for people incarcerated in its walls, jail staff who carry the infection into their homes and

28 communities, and Los Angeles County residents who will suffer from the ensuing rapid

spread of this infectious disease.

2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 4 of 44 Page ID #:453

1

Pursuant to L.R. 7-19, the contact information for Defendants’ counsel is: Andrew

2 Baum, GLASER WEIL, 10250 Constellation Blvd., 19th Floor, Los Angeles, CA 90067,

3 T: 310.553.3000. Although Mr. Weil has not yet appeared in this action, Plaintiffs’

4 counsel have been in communication with him throughout this week; have advised him

5 both verbally and in writing of the filing of the complaint and the Application for a

6 Temporary Restraining Order. Mr. Baum has advised that Defendants will oppose this

7 Application. See accompanying Declaration of Barrett S. Litt.

8

9

Respectfully Submitted:

10 Dated: April 24, 2020

Respectfully Submitted,

11

HADSELL STORMER RENICK & DAI LLP

12

KAYE, MCLANE, BEDNARSKI & LITT, LLP

13

AMERICAN CIVIL LIBERTIES UNION CIVIL RIGHTS CORPS

14

UCLA LAW CLINICS

15

ACLU OF SOUTHERN CALIFORNIA

16

By: _/s/ Barrett S. Litt ___________ Barrett S. Litt

17

18

By_/s/ Dan Stormer ___________ Dan Stormer

19

20

Attorneys for Plaintiffs

21

22

23

24

25

26

27

28

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 5 of 44 Page ID #:454

1

TABLE OF CONTENTS

2 I. INTRODUCTION ................................................................................................9

3 II. STATEMENT OF FACTS .................................................................................10

4 III.PLAINTIFFS ARE ENTITLED TO A TEMPORARY RESTRAINING

5 ORDER AND PRELIMINARY INJUNCTION REQUIRING DEFENDANTS

6 TO CHANGE THEIR PRACTICES IN THE LA COUNTY JAIL TO

7 CONFORM TO MEDICALLY ACCEPTED MEANS OF PREVENTING

8 AND MITIGATING THE SPREAD OF COVID-19. .......................................18

9

A. PLAINTIFFS ARE LIKELY TO SUCCEED ON THE MERITS BECAUSE DEFENDANTS ARE DELIBERATELY INDIFFERENT TO THE SERIOUS, SOMETIMES FATAL THREAT

10

OF COVID-19.................................................................................................19

11

1. The Jail’s Conditions Create a Substantial Risk of Serious Harm...............21

12

2. Defendants Know of the Excessive Risk that COVID-19 Poses to Prisoners’

13

Health and Safety And Have Failed to Abate that Life-Threatening Risk....24

14

3. Plaintiffs Are Also Likely to Prevail on Their Disability Claims................28

15

4. The Conditions of Confinement in the LA County Jails Constitute

16

Unconstitutional Punishment of Pretrial Detainees.......................................28

17

B. PLAINTIFFS WILL SUFFER IRREPARABLE HARM WITHOUT A TEMPORARY

18

RESTRAINING ORDER AND PRELIMINARY INJUNCTION. ....................................29 C. THE HARM PLAINTIFFS ARE SUFFERING OUTWEIGHS ANY POTENTIAL HARM TO

19

DEFENDANTS CAUSED BY A PRELIMINARY INJUNCTION. ..................................30

20

D. A PRELIMINARY INJUNCTION PROMOTES THE PUBLIC INTEREST. ......................31

21 IV. NO SECURITY SHOULD BE REQUIRED ...................................................32

22 V. THIS COURT SHOULD ORDER RELEASE OF THE MEDICALLY

23

VULNERABLE SUBCLASS OF PRETRIAL PRISONERS UNDER 28 U.S.C.

24

§ 2241..................................................................................................................32

25 VI. THIS COURT SHOULD EXERCISE ITS AUTHORITY TO RELEASE

26

PRETRIAL MEDICALLY VULNERABLE SUBCLASS MEMBERS ON

27

28
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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 6 of 44 Page ID #:455
1 NON-MONETARY BAIL CONDITIONS PENDING REVIEW OF THEIR 2 REQUEST FOR HABEAS RELIEF UNDER § 2241. ......................................36 3 VII. CONCLUSION ............................................................................................39 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 7 of 44 Page ID #:456

1

TABLE OF AUTHORITIES

2 Cases: 3

4 Am. Trucking Ass’ns v. City of L.A., 5 559 F.3d 1046 (9th Cir. 2009)...............................................................................19 6 Avendano Hernandez v. Decker, 7 No. 20-CV-1589 (JPO), 2020 WL 1547459 (S.D.N.Y. Mar. 31, 2020)...............38 8 Baker v. Sard, 9 420 F.2d 1342 (D.C. Cir. 1969) ............................................................................37

10 Bell v. Wolfish, 11 441 U.S. 520 (1979) ..............................................................................................28 12 Calley v. Callaway, 13 496 F.2d 701 (5th Cir. 1974).................................................................................37 14 Carrillo v. Schneider Logistics, Inc., 15 823 F. Supp. 2d 1040 (C.D. Cal. 2011).................................................................32 16 Castro v. Cty. of Los Angeles, 17 833 F.3d 1060 (9th Cir. 2016).........................................................................20, 21 18 Cherek v. United States, 19 767 F.2d 335 (7th Cir. 1985).................................................................................37 20 City of Revere v. Mass. Gen. Hosp., 21 463 U.S. 239 (1983) ..............................................................................................20 22 Coronel, 23 2020 WL 1487274.................................................................................................35 24 Dotson v. Clark, 25 900 F.2d 77 (6th Cir. 1990)...................................................................................37 26 East Bay Sanctuary Covenant v. Trump, 27 354 F.Supp.3d 1094 (N.D. Cal., 2018) .................................................................31

28
2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 8 of 44 Page ID #:457
1 Estelle v. Gamble, 2 429 U.S. 97 (1976) ................................................................................................20 3 Farmer v. Brennan, 4 511 U.S. 825 (1994) ..................................................................................20, 25, 26 5 Foster v. Runnels, 6 554 F.3d 807 (9th Cir. 2009).................................................................................25 7 Gordon v. Cty. of Orange, 8 888 F.3d 1118 (9th Cir. 2018)...............................................................................21 9 Hall v. San Francisco Superior Court, 10 No. C 09-5299 PJH, 2010 WL 890044 (N.D. Cal. Mar. 8, 2010) ........................37 11 Harris v. Bd. of Supervisors, Los Angeles Cty., 12 366 F.3d 754 (9th Cir. 2004).................................................................................29 13 Helling v. McKinney, 14 509 U.S. 25 (1993) ..........................................................................................20, 21 15 Hernandez v. Cty. of Monterey, 16 110 F. Supp. 3d 929 (N.D. Cal. 2015) ..................................................................29 17 In re. Extradition of Alejandro Toledo Manrique, 18 2020 WL 1307109, (N.D. Cal. March 19, 2020) ..................................................24 19 In re Roe, 20 257 F.3d 1077 (9th Cir. 2001)...............................................................................37 21 Johnson v. Marsh, 22 227 F.2d 528 (3d Cir. 1955) ..................................................................................38 23 Keenan v. Hall, 24 83 F.3d 1083 (9th Cir. 1996).................................................................................20 25 Land v. Deeds, 26 878 F.2d 318 (9th Cir. 1989).................................................................................36 27 28
2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 9 of 44 Page ID #:458
1 Landano v. Rafferty, 2 970 F.2d 1230 (3rd Cir. 1992)...............................................................................37 3 Lane v. Philbin, 4 835 F.3d 1302 (11th Cir. 2016).............................................................................21 5 Lopez v. Heckler, 6 713 F.2d 1432 (9th Cir. 1983)...............................................................................30 7 Malam v. Adducci, 8 No. 20-10829, 2020 WL 1672662 (E.D. Mich. Apr. 5, 2020), as amended...33, 35 9 Mapp v. Reno, 10 241 F.3d 221 (2d Cir. 2001) ............................................................................37, 38 11 Martin v. Solem, 12 801 F.2d 324 (8th Cir. 1986).................................................................................37 13 Mendiola-Martinez v. Arpaio, 14 836 F.3d 1239 (9th Cir. 2016)...............................................................................21 15 Montez v. McKinna, 16 208 F.3d 862 (10th Cir. 2000)...............................................................................33 17 Nettles v. Grounds, 18 830 F.3d 922 (9th Cir. 2016).................................................................................33 19 People of State of Cal. ex rel. Van De Kamp v. Tahoe Reg’l Planning Agency, 20 766 F.2d 1319 (9th Cir.)........................................................................................32 21 Pfaff v. Wells, 22 648 F.2d 689 (10th Cir. 1981)...............................................................................37 23 Preiser v. Rodriguez, 24 411 U.S. 475 (1973) ..............................................................................................33 25 Rodde v. Bonta, 26 357 F.3d 988 (9th Cir. 2004).................................................................................30 27 28
2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 10 of 44 Page ID #:459
1 Rosado v. Alameida, 2 349 F. Supp. 2d 1340 (S.D. Cal. 2004) .................................................................29 3 S.A. v. Trump, 4 2019 WL 990680...................................................................................................31 5 Savino v. Souza, 6 No. 20-10617-WGY, 2020 WL 1703844 (Apr. 8, 2020)......................................38 7 Stow v. Murashige, 8 389 F.3d 880 (9th Cir. 2004).................................................................................33 9 Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 10 240 F.3d 832 (9th Cir. 2001).................................................................................19 11 Thakker, 12 2020 WL 1671563.................................................................................................28 13 U.S. v. Stephens, 14 15 Cr. 95 (AJN), 2020 WL 1295155 (S.D.N.Y. Mar. 19, 2020) ..........................24 15 United States v. Davis, 16 No. 1:20-cr-9-ELH, Dkt. No. 21, 2020 WL 1529158 (D. Md. Mar. 30, 2020)....24 17 United States v. Harris, 18 No. 19-cr-356 (RDM), 2020 WL 1503444 (D.D.C. Mar. 26, 2020) ....................24 19 United States v. Perkins, 20 53 F. App’x 667 (4th Cir. 2002)............................................................................37 21 USA v. Garlock., No. 18 Cr 00418, 22 2020 WL 1439980 (N.D. Cal. Mar. 25, 2020) ......................................................24 23 Valle del Sol Inc. v. Whiting, 24 732 F.3d 1006 (9th Cir. 2013)...............................................................................31 25 Winter v. Natural Res. Def. Council, Inc., 26 555 U.S. 7 (2008) ..................................................................................................19 27 28
2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 11 of 44 Page ID #:460
1 Woodcock v. Donnelly, 2 470 F.2d 93 (1st Cir.1972) ....................................................................................37 3 Xochihua-Jaimes v. Barr, 4 No. 18-71460 (9th Cir Mar. 24, 2020) ..................................................................24 5 Rules: 6 7 28 U.S.C. § 2241...............................................................................................passim 8 28 U.S.C. § 2241(c) .................................................................................................33 9 42 U.S.C. § 1983........................................................................................................9 10 Cal. Const. art. 1, §12...............................................................................................36 11 Cal. Gov't Code § 8658............................................................................................26 12 Fed. R. Civ. P. 65(c).............................................................................................2, 32 13 14 Local Rules: 15 16 L.R. 7..........................................................................................................................3 17 18 19 20 21 22 23 24 25 26 27 28
2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 12 of 44 Page ID #:461

1 I. INTRODUCTION

2

The L.A. County Jail is in the midst of a COVID-19 outbreak. Plaintiffs all fear

3 they will contract the deadly COVID-19 virus in the Los Angeles County Jail. See,

4 e.g., Declaration of Rodney Cullors (“Cullors Dec.”) ¶ 3 (“I want to feel safe here,

5 but I don’t. I don’t say this lightly, but I am terrified that I am next to get infected.

6 I am terrified that I will die here.”). Corrections expert Eldon Vail describes their

7 fear as “credible, realistic and compelling given…how the jails are managing the

8 risk.” Declaration of Eldon Vail (“Vail Dec.”) ¶ 65.

9

Defendants, who operate the Jail, are failing to contain this outbreak, creating

10 and perpetuating an unacceptable risk that the people imprisoned in them will

11 contract the disease, and that those who do will become seriously ill or die. 1

12 Contrary to guidance issued by public health officials, Defendants are failing to

13 provide the hygiene, sanitation, medical services, and social distancing that this

14 outbreak requires.

15

Plaintiffs and putative class members are already in danger. Six of the Plaintiffs,

16

and the subclass they seek to represent, have pre-existing conditions that make them

17

18 especially vulnerable to severe illness and death if they are infected. Absent this

19 Court’s intervention, many will suffer and some will die.

20

These conditions violate Plaintiffs’ and putative class members’ rights under the

21 Eighth and Fourteenth Amendments to the U.S. Constitution and other provisions

22 of federal and state law. They seek an emergency order under 42 U.S.C. § 1983 that

23 the Jail comply with basic public health standards. A subclass of medically

24 vulnerable prisoners asks this Court to release them under 28 U.S.C. § 2241, to

25

26

27

1 The majority of Plaintiffs and class members are pre-trial detainees, but some are held postconviction. Plaintiffs seek to certify classes for both categories.

28

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 13 of 44 Page ID #:462

1 protect them from becoming critically ill and dying due to Defendants’ deliberate

2 indifference.

3 II. STATEMENT OF FACTS

4

There is an ongoing outbreak of COVID-19 in the L.A. County Jail.2 Since the

5 pandemic began, 47 inmates have tested positive for COVID-19; 28 of those people

6 remain in LASD custody. RJN Ex. 1. Only limited testing has occurred. RJN Ex. 1

7 (148 negative test results among LASD prisoners); Vail Dec. ¶ 12-13; RJN Ex. 25 8 (at 1:38:07). COVID-19 is a highly infectious respiratory illness. Declaration of Dr. 9 Joe Goldenson (“Goldenson Dec.”) ¶ 11. Infectious disease doctor Carlos Franco 10 Parades estimates that, given the high population density of the LA County Jail 11
System and the ease of transmission of the pathogen, the infection rate in the jails 12 13 will be exponential. Declaration of Carlos Franco Paredes (“Franco Paredes Dec.”) 14 ¶ 22. He estimates that, of those infected, one-fifth will get so ill that they require 15 hospital admission, and about 10% will develop severe disease requiring treatment
16 only available in the intensive care unit. Id. Survivors may suffer long-term damage

17 to the heart, liver, and lungs.3 According to the Centers for Disease Control and

18 Prevention (CDC), certain preexisting conditions such as—asthma, chronic lung

19

20 2 As used in this brief, “Los Angeles County Jail” refers to the jail facilities operated by the Los
Angeles County Sheriff’s Department (LASD) that currently house prisoners. This includes, but
21 is not limited to, Men’s Central Jail (MCJ), North County Correctional Facility (NCCF), Pitchess

22

Detention Center North Facility (PDC North), Pitchess Detention Center South Facility (PDC South), Century Regional Detention Facility (CRDF), and Twin Towers Correctional Facility

23 (TTCF).

24

3 Melissa Healy, Coronavirus infection may cause lasting damage throughout the body, doctors fear, L.A. TIMES (April 10, 2020), https://www.latimes.com/science/story/2020-04-

25

10/coronavirus-infection-can-do-lasting-damage-to-the-heart-liver (describing studies finding impaired liver function and heart failure in COVID-19 patients); Panagis Galiatsatos, What

26 Coronavirus Does to the Lungs, HOPKINS MEDICINE,

27

https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/what-coronavirusdoes-to-the-lungs (describing potential long-term lung damage from COVID-19).

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1 disease (including bronchitis), heart disease, and diabetes intensify the risk of

2 severe illness and death. RJN Ex. 2. For people in these high-risk populations, the

3 fatality rate of COVID-19 is about 15%. Franco Parades Dec. ¶ 25.

4

In jails, the risk of exposure to and transmission of infectious diseases, as well

5 as potential harm to those who become infected, is significantly higher than in the

6 community. Goldenson Dec. ¶ 16. The CDC and the County of Los Angeles

7 Department of Public Health (“LA DPH”) have issued guidelines for correctional 8 facilities on how this pandemic should be managed. Id. ¶ 40; RJN Ex. 3; RJN Ex. 9 4. This guidance includes “detailed recommendations” for preventing transmission, 10 11 including hygiene and cleaning practices, social distancing, effective evaluation of 12 symptoms, and the use of medical isolation and quarantine.

13

On March 31, 2020, LA DPH issued a letter to Los Angeles County Sheriff Alex

14 Villanueva, recommending that LASD follow the CDC’s guidance, as well as the

15 additional measures of developing predictions for the impact of COVID-19 on each

16 facility, population reduction, and release individuals with adequate shelter and

17 supportive services. RJN Ex. 5. On April 9, 2020, LA DPH issued its own guidance

18 for correctional and detention facilities to mitigate the risk of community spread.

19 RJN Ex. 4.

20

“Social distancing is the single most important tool in preventing transmission

21 of the virus,” Goldenson Dec. ¶ 45, but social distancing is impossible in the LA

22 County Jail. Id. Reductions in LA’s jail population over the past two months thus
23 far are insufficient to enable social distancing. Goldenson Dec. ¶ 39; Vail Dec. ¶
24 45. The Jail continues to house medically vulnerable persons and expose them to 25 conditions that place them at an imminent risk of illness and death. 26

27

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1

In many of the Jail’s dayrooms, bunks are stacked three high and4 are separated

2 from each other by 2-3 feet or less. Farmer Dec. ¶ 6; Gutierrez Dec. ¶ 13; Livotto

3 Dec. ¶ 4; Lewis Dec. ¶ 6; Venegas Dec. ¶ 4. Prisoners can touch the bunk next to

4 them or feel the breath of a person sleeping near them. Livotto Dec. ¶ 4; Lewis Dec

5 ¶ 6; Gutierrez Dec ¶ 13. Meals are eaten communally, with prisoners close enough

6 to bump elbows. Gutierrez Dec. ¶ 14. People in cells fare little better, finding it

7 impossible to maintain 6 feet of distance from their cellmates. Uong Dec. ¶ 11; 8 Young Dec. ¶ 5; Jones Dec. ¶ 8. When prisoners line up for food service, it is 9 impossible for them to stay 6 feet away from each other. Venegas Dec. ¶ 6. Even 10 11 people in single cells have barred doors and cannot stay six feet from the person in 12 the cell next to them. Avila Dec. ¶ 7.

13

Defendants fail to protect prisoners during and after transport outside the jail,

14 e.g., court appearances and medical appointments. Defendants continue to crowd

15 numerous prisoners together into vans and, after transport, places prisoners together

16 in holding tanks with no room to socially distance. See Cullors Dec. ¶ 15;

17 Balderrama Dec. ¶ 4; Livotto Dec. ¶ 15; Haviland Dec. ¶ 8. LASD deputies

18 handcuff prisoners from different parts of the jail and from different jail facilities to

19 one another, facilitating the exchange of infection between prisoners of different

20 jail facilities. Goldenson Dec. ¶ 46; Avila Dec. ¶ 20.

21

At a meeting of the Sheriff’s Oversight Commission on April 16, Max

22 Huntsman, the Inspector General, when discussing the court transport situation at 23 the LA Jail, stated “Trips back and forth (to court) are very bad.” RJN Ex. 8 (at 24

25 4 Corrections expert Eldon Vail, speaking of the triple bunks, states that they are “a rare practice

26 I have only witnessed in California state prisons during their period of their worse

27

overcrowding” and states that “[o]n its face, in my opinion triple bunking represents an overcrowded condition.” Vail Dec. ¶ 48.

28

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 16 of 44 Page ID #:465

1 0:35); Vail Dec. ¶ 60. Correctional expert Eldon Vail recommends that, when mass

2 transportation is unavoidable, prisoners should be given protective equipment and

3 medical attention if they come into contact with others who appear to be sick. Vail

4 Dec. ¶ 61. Defendants have not taken these steps.

5

In terms of personal hygiene supplies that should be provided, the CDC and LA

6 DPH recommend providing no-cost soap to prisoners, liquid if possible. Goldenson

7 Dec. ¶ 48; Vail Dec. ¶ 31. The CDC and LA DPH recommend soap (liquid, if 8 possible) be provided free to prisoners. Goldenson Dec. ¶ 40. Some prisoners are 9 given a small bar weekly for all of their washing needs. Farmer Dec ¶ 10; Gutierrez 10 11 Dec ¶ 5. If the soap runs out before new soap is issued, they have to borrow soap 12 from others or buy it from the commissary, taking away from their limited funds.

13 Avila Dec. ¶ 15; Jones ¶ 14; Cullors ¶ 4. Some were given a bar of soap upon arrival

14 in the jail, but have not since been given any soap. Young Dec. ¶ 10; Venegas Dec.

15 ¶ 11.

16

The CDC and LA DPH guidelines recommend providing prisoners with access

17 to paper towels. Goldenson Dec. ¶ 40; Vail Dec. ¶ 37. The LA County Jail is not

18 providing access to paper towels or hand sanitizer, nor to frequently laundered

19 towels, bedding or clothing.5 Dunham Dec. ¶ 9; Fuentes Dec. ¶ 11; Haviland ¶ 16;

20 Lewis ¶ 9. “Such substandard hygiene conditions are known to contribute to the

21 spread of viruses.” Goldenson Dec. ¶ 50.

22

The CDC and LA DPH recommend continual cleaning throughout the day,

23 routine and effective disinfecting of frequently touched surfaces and objects and

24 use of EPA-registered disinfectants effective against the virus that causes COVID-

25

26 5 While the CDC is cautious in its recommendation to allow alcohol-based hand sanitizer in jails,

27

corrections expert Eldon Vail believes it should be allowed under these circumstances. Vail Dec. ¶ 39-42.

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 17 of 44 Page ID #:466

1 19. Vail Dec. ¶¶ 23-24. The cleaning supplies given to prisoners who clean the jails

2 are so watered down that they are almost odorless. Avila Dec. ¶ 16; see Haviland

3 Dec ¶ 19. There is no way for prisoners to avoid touching common surfaces such

4 as tables or phones and no way to wipe down and disinfect surfaces between use.

5 Livotto Dec. ¶ 13; Venegas ¶ 5. Prisoners who are exposed to others’ bodily fluids

6 while they clean the jails are given insufficient protective equipment. Dunham Dec.

7 ¶ 5; Gutierrez Dec. ¶ 22.

8

On the morning of April 10, LASD distributed face coverings (non-medical

9 masks) throughout at least some of the facilities. Prisoners were given a single cloth

10

11 mask, with no instructions on how to properly use the mask or keep it clean. Farmer

12 Dec. ¶ 5; Avila Dec. ¶ 11; Cullors Dec. ¶ 12; Jones Dec. ¶ 12; Davidson Dec. ¶ 9.

13 The CDC’s recommendation is that cloth face coverings “should be changed if they

14 become soiled, damp, or hard to breathe through, laundered regularly (e.g. daily and

15 when soiled), and, hand hygiene should be performed immediately before and after

16 any contact with the cloth face covering.” Goldenson Dec. ¶ 52.

17

Additionally, LA Jail has not instituted contact investigations and proper

18 quarantine and monitoring practices for those in close contact with symptomatic

19 inmates consistent with public health guidelines.” Goldenson Dec. ¶ 55; see also

20 Haviland Dec ¶¶ 10-12; Dunham Dec. ¶ 13. “The failure to promptly isolate

21 symptomatic persons has already resulted in the spread of infection within the jail.”

22 Goldenson Dec. ¶ 53 (discussing Balderrama being placed in a holding cell with a
23 prisoner who was coughing and visibly sick and subsequently being diagnosed with
24 COVID-19 and concluding “LASD is not promptly medically isolating positive and 25 suspected COVID-19 cases and quarantining close contacts of COVID-19 cases 26 consistent with CDC guidelines”); Livotto Dec. ¶ 4 (quarantining two-thirds of a 27

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 18 of 44 Page ID #:467

1 dorm despite potential exposure to the entire dorm); Lewis Dec. ¶ 5 (combining two

2 separate dorms in a facility that has quarantined nearly 1000 prisoners). Any

3 attempts at quarantining particular areas of the jails are ineffective because trustees

4 and deputies move between quarantined and non-quarantined areas, inconsistently

5 wearing masks. Gutierrez Dec. ¶ 27-28; Livotto Dec. ¶ 4; Vail Dec. ¶ 64.

6

Plaintiffs and putative class members who showed symptoms have not received

7 tests for COVID-19 despite exhibiting a cough, fever, and/or other symptoms.

8 Haviland Dec. ¶ 15; Young Dec. ¶ 8; Dunham Dec. ¶ 16; Jones ¶ 20. “If these

9 persons were in the community, they would be entitled to a test for displaying active 10 11 symptoms of the disease. At LACJ, they are denied tests, even though by reason of

12 being jailed they pose a far higher risk of transmitting COVID-19 to others.”

13 Goldenson Dec. ¶ 54.

14

Sometimes, when a prisoner exhibits symptoms for COVID-196, they are moved

15 to isolation cells in punitive disciplinary or administrative segregation units, where

16 they may remain for days, sometimes without toilet paper, soap, or showers,

17 awaiting testing and diagnosis. Balderrama Dec. ¶¶ 12-14. Medical and mental

18 health experts warn that punitive isolation conditions can cause prisoners to

19 downplay their symptoms to avoid them. As Dr. Goldenson explains,

20

21

Segregation cells bring their own physical and mental health risks. They

22 are most commonly used to punish people and may cause substantial

23 psychological trauma and distress. Those with serious mental illness are at

24 heightened risk when placed in isolation. Therefore, placing high-risk or

25

26 6 As described above, this does not include every prisoner with symptoms of the virus; many

27

symptomatic prisoners are not medically isolated or even evaluated by medical staff, let alone tested. See Haviland Dec ¶ 15; Young Dec ¶ 8.

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 19 of 44 Page ID #:468

1 laboratory-confirmed patients with COVID-19 in cells usually used for

2 solitary confinement will likely deter others from reporting symptoms or

3 seeking medical attention, thus quickly hastening the spread of the disease as

4 symptomatic prisoners will not report themselves to staff and will remain in

5 congregate settings. Additionally, these cells often lack intercoms or other

6 means of communicating with a correctional officer or medical provider

7 when patients are in need of help, resulting in decreased medical attention

8 and increased risk of death.

9

Goldenson Dec. ¶ 32. Defendants’ current procedures for isolating symptomatic

10 individual are counterproductive to protecting the health of prisoners.

11

“[LA County Jail] does not provide information to all prisoners regarding

12 symptoms of COVID-19 and prevention practices inmates should employ to reduce

13 the risks of transmission of the disease, as CDC guidance requires.” Goldenson Dec.

14 ¶ 57. Guards do not give prisoners information about COVID-19 or how to protect

15 themselves, nor are signs posted or written material available at many of the

16 facilities. Avila Dec. ¶ 12; Cullors Dec. ¶ 7; Young Dec. ¶ 6. The CDC’s

17 recommendation is to provide signage and clear information,.Vail Dec. ¶ 21 (stating 18

19 it is “fundamental” that the LASD provide “timely, accurate, and regular

20 communication”).

21

CDC/LA DPH guidelines indicate that early release of all individuals who are

22 medically vulnerable should be prioritized. Six Plaintiffs and many more putative

23 class members in this case have health conditions, i.e., asthma and other respiratory

24 conditions, heart conditions, diabetes, and cancer, that place them in the category

25 of medically vulnerable, and that put them at risk of serious injury or death if they

26 contract COVID-19. Jones Dec. ¶ 4 (respiratory illness, debilitating pneumonia,

27 bronchitis, diminished lung capacity, breathing difficulties, and a heart condition);

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 20 of 44 Page ID #:469

1 Venegas Dec. ¶ 3 (asthma and epilepsy); Dunham Dec. ¶ 2 (Type I diabetes); Young

2 Dec. ¶ 4 (severe obesity and an undiagnosed heart condition); Davidson Dec. ¶ 6-

3 7 (asthma and immunocompromised due to cancer history); Livotto Dec. ¶ 2

4 (asthma); Avila Dec. ¶ 6 (chronic asthma, diabetes, liver disease, and blood

5 disorder); Cullors Dec. ¶ 2 (58 years old and suffers from hypertension, spinal
6 damage, and heart problems); Gutierrez Dec. ¶ 6 (asthma and pre-diabetes). 7 Defendants are aware of these conditions, but keep Plaintiffs in conditions that 8 threaten their lives. See, e.g., Jones Dec. ¶ 10, 18 (jail staff physically forced Jones 9 out of his medical cell into general population despite knowing that he suffers from 10 11 respiratory illness); Fuentes Dec. ¶ 5 (Fuentes informed guards during booking that 12 he had medical concerns including hepatitis and a compromised immune system 13 due to a bone marrow transplant, but they made no effort to screen, isolate, or 14 protect him).

15

Critically, LASD’s screening procedures for prisoners and jail staff also do not

16 meet CDC and LA DPH guidelines. At a meeting of the Sheriff’s Oversight

17 Commission on April 16, Inspector General Huntsman described the “insufficient”

18 procedures for LA jail staff entering the facility to go to work, noting that

19 temperatures are not always being taken upon entry, and stating, “If your goal is to

20 protect people inside from getting COVID-19, we do not have an effective system

21 in place.” RJN Ex. 8 at 45:10-45:17. Many jail staff do not consistently wear masks

22 while interacting with the prisoners, as recommended by CDC and LA DPH.
23 Haviland Dec. ¶ 24; Goldenson Dec. ¶ 25. This lack of a consistent procedure puts
24 both staff and prisoners at risk, and is contrary to the CDC guidance that specific 25 questions be asked and temperature checks performed for all persons arriving at a 26 facility. Vail Dec. ¶ 65; Goldenson Dec. ¶ 43. 27

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1

The screening process for newly admitted prisoners—involving asking if they

2 have symptoms and taking their temperature--is also dangerously inadequate. It

3 fails to detect the 25% of infected people who are asymptomatic, and those recently

4 infected who may remain asymptomatic for days, creating an unreasonable risk that

5 infected persons will not be identified and isolated, and will then infect others

6 throughout the jail. Goldenson Dec. ¶ 42. Defendants have failed to quarantine

7 newly admitted prisoners so this risk of transmission is addressed.

8

ARGUMENT

9

Plaintiff classes seek a temporary restraining order requiring the Defendants

10

11 to follow procedures, recommended by medical professionals, the CDC Guidance

12 on COVID-19 in jails, and the Los Angeles County Department of Public Health

13 (LA DPH), to ensure those detained in the LA County Jail: 1) are informed about

14 the existence of COVID-19 and the CDC recommendations relating to the disease;

15 2) can practice social distancing; 3) can maintain necessary hygiene and sanitation;

16 and 4) have access to adequate and timely medical treatment to screen, test, and

17 treat symptoms. Moreover, the Medically Vulnerable Subclasses (ages 55 and over

18 and those with medical conditions that significantly increase their risk of death or

19 permanent organ damage from COVID-19) seek immediate release from the

20 infectious jail environments through a writ of habeas corpus.

21 III. PLAINTIFFS ARE ENTITLED TO A TEMPORARY RESTRAINING 22 ORDER AND PRELIMINARY INJUNCTION REQUIRING
DEFENDANTS TO CHANGE THEIR PRACTICES IN THE LA COUNTY 23 JAIL TO CONFORM TO MEDICALLY ACCEPTED MEANS OF 24 PREVENTING AND MITIGATING THE SPREAD OF COVID-19.

25

Temporary restraining orders are governed by the same standard applicable to

26 preliminary injunctions. See Stuhlbarg Int’l Sales Co. v. John D. Brush & Co., 240

27 F.3d 832, 839 n.7 (9th Cir. 2001) (standards “substantially identical”). Therefore,

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1 “[a] plaintiff seeking a [TRO] must establish that he is likely to succeed on the

2 merits, that he is likely to suffer irreparable harm in the absence of preliminary

3 relief, that the balance of equities tips in his favor, and that an injunction is in the

4 public interest.” Am. Trucking Ass’ns v. City of L.A., 559 F.3d 1046, 1052 (9th Cir.

5 2009) (quoting Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008)).

6 That standard is met here.

7

A.

PLAINTIFFS ARE LIKELY TO SUCCEED ON THE MERITS BECAUSE

8 DEFENDANTS ARE DELIBERATELY INDIFFERENT TO THE SERIOUS, SOMETIMES

9 FATAL THREAT OF COVID-19.

10

Plaintiffs and Class members are at imminent risk of death or serious injury

11 from COVID-19 absent immediate action by this Court. Class members are highly

12 likely to succeed on the merits because Defendants are deliberately indifferent to

13 the risk of their contracting COVID-19 under both the Eighth Amendment and

14 Fourteenth Amendments.

15

The Defendants have failed to implement the steps recommended by the

16 overwhelming consensus of health experts, the LA DPH (RJN Ex. 9) and the CDC

17 (RJN Ex. 10), including: access to information about COVID-19, free and abundant

18 soap and water, sufficient social distancing space (at least six feet), the ability to

19 clean and disinfect all common surfaces at least daily, and medical screening,

20 containment, and treatment protocols for infectious disease. These failures

21 constitute deliberate indifference in violation of the Eighth and Fourteenth

22 Amendment.

23

Jails must protect those they detain from conditions of confinement that create

24

25 “a substantial risk of serious harm.” Farmer v. Brennan, 511 U.S. 825, 834 (1994).

26 This right arises under the Eighth Amendment for convicted prisoners, id.; Estelle

27 v. Gamble, 429 U.S. 97, 104 (1976), and with at least equal force under the

28
2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 23 of 44 Page ID #:472

1 Fourteenth Amendment’s Due Process Clause for pretrial detainees, City of Revere

2 v. Mass. Gen. Hosp., 463 U.S. 239, 244 (1983); Castro v. Cty. of Los Angeles, 833

3 F.3d 1060, 1067–68 (9th Cir. 2016). Under these Amendments, an official is liable

4 if she displays “deliberate indifference” to “a condition of confinement that is sure

5 or very likely to cause serious illness and needless suffering” to prisoners, including

6 specifically “exposure … to a serious, communicable disease.” Helling v.

7 McKinney, 509 U.S. 25, 33 (1993); see also Keenan v. Hall, 83 F.3d 1083, 1089–

8 90 (9th Cir. 1996) (deprivation of outdoor exercise, excessive noise and lighting,

9 lack of ventilation, inadequate hygiene supplies, and inadequate food and water

10

11 were sufficient to state an Eighth Amendment claim).

12

In such cases, a plaintiff must show that the defendant: “(1) exposed her to a

13 substantial risk of serious harm; and (2) was deliberately indifferent to her

14 constitutional rights.” Mendiola-Martinez v. Arpaio, 836 F.3d 1239, 1248 (9th Cir.

15 2016). Because “the due process rights of a pretrial detainee are at least as great as

16 the Eighth Amendment protections available to a convicted prisoner,” Castro, 883

17 F.3d at 1067, the Ninth Circuit applies a lower standard for a Fourteenth

18 Amendment claim, requiring a showing that

19

(i) the defendant made an intentional decision with respect to the

20 conditions under which the plaintiff was confined; (ii) those conditions put

21 the plaintiff at substantial risk of suffering serious harm; (iii) the defendant

22 did not take reasonable measures to abate that risk, even though a reasonable

23 official in the circumstances would have appreciated the high degree of risk

24 involved—making the consequences of defendant’s conduct obvious; and

25 (iv) by not taking such measures, the defendant caused the plaintiff’s injuries.

26

27

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1

Gordon v. Cty. of Orange, 888 F.3d 1118, 1125 (9th Cir. 2018), Here, either

2 standard is easily met given Defendants’ response to this unprecedented viral

3 pandemic.

4

1. The Jail’s Conditions Create a Substantial Risk of Serious Harm

5

People detained in the LA County Jail are at a substantial risk of serious

6 harm from COVID-19. A plaintiff satisfies this requirement when conditions

7 “pose an

8

unreasonable risk of serious injury to his future health or safety.” Lane v.

9 Philbin, 835 F.3d 1302, 1307 (11th Cir. 2016); Helling, 509 U.S. at 35. COVID-19 10 – a novel disease with no current vaccine, effective treatment, or cure – is just such 11
a threat. A vaccine is likely at least 12 months away.7 The disease can cause severe 12 13 pain in even mild and moderate cases; it feels like “having glass in your lungs” or

14 “drowning in your own blood” and leaves patients choking and struggling to

15 breathe.8 It can cause pneumonia and, in severe cases, acute respiratory distress

16 syndrome or sepsis, any of which can cause lasting harm to the lungs and other

17 organs.9 The case fatality ratio (the number of deaths divided by the number of

18 confirmed cases) in the U.S. currently stands at 5.7%.10 48,816 confirmed COVID-

19

20

21 7 Saralyn Cruickshank, Experts Discuss Covid-19 and Ways to Prevent Spread of Disease, John

22

Hopkins Mag. (Mar. 17, 2020) https://hub.jhu.edu/2020/03/17/coronavirus-virology-vaccinesocial-distancing-update.

23 8 Virus feels like ‘glass in lungs’: Fit mum’s chilling video, Chronicle (Mar. 21, 2020),

24

https://www.thechronicle.com.au/news/glass-in-lungs-fit-mums-chilling-video/3977749/. 9 Franco Parades Dec. ¶¶ 28-29; Panagis Galiatsatos, M.D., M.H.S, What Coronavirus Does to

25

the Lungs, Johns Hopkins Medicine (Apr. 13, 2020) https://www.hopkinsmedicine.org/health/conditions-and-diseases/coronavirus/what-coronavirus-

26 does-to-the-lungs.

27

10 Johns Hopkins, Coronavirus Resource Center, Mortality Analyses https://coronavirus.jhu.edu/data/mortality.

28

2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 25 of 44 Page ID #:474

1 19 deaths have occurred in the United States since the beginning of February. RJN

2 Ex. 23.

3

LA County is in a state of emergency because of the COVID-19 pandemic. RJN

4 Ex. 11. To date, LA DPH has identified 18,517 positive cases of COVID-19 across

5 the county and a total of 848 deaths. RJN Ex. 12. LA DPH has required that all
6 businesses cease in-person operations, and that essential businesses ensure six-foot 7 social distancing and provision of handwashing facilities or hand sanitizer. RJN Ex. 8 13. LA DPH has also required the public to wear face coverings to enter businesses, 9 prohibited public and private gatherings outside a single household or living unit, 10 11 and closed beaches, trails, and non-essential businesses. RJN No. 14. LA DPH has 12 advised that “COVID-19 can easily spread … [among those] in close contact with 13 one another,” and ordered those who have been in close contact with persons 14 diagnosed with, or likely to have COVID-19 to self-quarantine. RJN Ex. 15. This

15 Court has implemented emergency pandemic measures. RJN Ex. 26.

16

COVID-19 is already in the jail. At the time of this filing, 28 prisoners and 61

17 LASD employees have tested positive for COVID-19. RJN Ex. 16. The number

18 who have the virus is likely significantly higher, due to very limited testing.11 RJN

19 Ex. 25 (at 1:38:07) (“Testing currently in correctional facilities, perhaps the jails

20 more so than the prisons, have . . . [been] certainly not as widespread as the—as the

21 situation requires.”). Despite this, LA County Jail prisoners are in near-constant

22 contact with each other in dormitory settings, and forced to forgo the social

23

24

11 See also, RJN Ex. 25 (at 2:46:48) (“One of the biggest challenges … is to increase testing in correctional facilities, in the jails and prisons -- specifically in the jails. …[T]he positive cases

25

among staff is maybe three- to four-fold higher than among incarcerated or detained persons, … illuminat[ing] …the lack of access for testing for people who are incarcerated or detained. And

26 so we've urged our … correctional partners to widen testing, to relax criteria on testing

27

[including those]… with mild, atypical symptoms, even asymptomatic people …. But currently, there is not nearly enough testing than the situation requires.”)

28

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1 distancing that is mandated for the general public through emergency decrees

2 enforceable by criminal penalties. Symptomatic prisoners are sometimes placed in

3 segregation cells without adequate monitoring for signs of serious illness, and their

4 medical attention. See Balderrama Dec. ¶ 12. There is a substantial risk that infected

5 prisoners will become seriously ill, suffer long-term damage, and die.

6

Other federal courts have acted quickly to grant extraordinary COVID-19 relief

7 to people in detention, including TROs similar to the one requested here. See, e.g., 8 Banks v. Booth, 1:20-cv-00849-CKK, Dkt. No. 48 (D.D.C. Apr. 19, 2020) 9 10 (granting TRO to putative class of prisoners); Cameron v. Bouchard, No. 2:20-cv11 10949-LVP-MJH, Dkt. No. 40, at 4-7 (E.D. Mich. Apr. 17, 2020) (granting TRO 12 to putative Oakland County class of pretrial and post-conviction prisoners).12

13 Courts have also granted other extraordinary relief including habeas corpus,

14 reversing decisions to detain individuals found to be a safety risk pretrial, and

15 compassionate release.13 These decisions reflect an emerging judicial consensus

16 12 See also Roman v. Wolf, 5:20-cv-00768-TJH, Dkt. Nos. 52, 53, 55 (C.D. Cal. Apr. 23, 2020)

17 (granting PI to provisionally certified class of ICE detainees at Adelanto); Valentine v. Collier,
No. 4:20-CV-1115 (S.D. Tex. Apr. 16, 2020) (TRO to putative class of prisoners at geriatric

18 prison); Order (Doc. 25); Gray v. Cty. of Riverside, 5:13-cv-0444-VAP-OPx, Dkt. No. 191 (C.D.

19

Cal. Apr. 14, 2020) (granting Emergency Motion to Enforce Consent Decree requiring county to submit a plan to implement the Governor’s order for physical distancing); Swain v. Junior, No.

20 1:20-cv-21457-KMW, Dkt. No. 25 (S.D. Fla. Apr. 7, 2020) (granting temporary restraining

order).
21 13 See, e.g., United States v. Grobman, No. 18-cr-20989, Dkt. No. 397 (S.D. Fla. Mar. 29, 2020);

22

United States v. Perez, 17-cr-513-3 (AT) (S.D.N.Y. Apr. 1, 2020); United States v. Underwood, No. 8:18-cr-201-TDC, Dkt. No. 179 (D. Md. Mar. 31, 2020); Thakker v. Doll, 20-cv-480 (M.D.

23 Pa. Mar. 31, 2020), ECF No. 47; Castillo et al. v. Barr, 5:20-cv-00605, ECF Doc. 32 (C.D. Cal.

24

Mar. 27, 2020); United States v. Meekins, Case No. 1:18-cr-222-APM, Dkt. No. 75 (D.D.C. Mar. 31, 2020); United States v. Marin, No. 15-cr-252, Dkt. No. 1326 (E.D.N.Y. Mar. 30, 2020);

25

United States v. Davis, No. 1:20-cr-9-ELH, Dkt. No. 21, 2020 WL 1529158 (D. Md. Mar. 30, 2020); United States v. Muniz, Case No. 4:09-cr-199, Dkt. No. 578 (S.D. Tex. Mar. 30, 2020);

26 United States v. Bolston, No. 1:18-cr-382-MLB, Dkt. No. 20 (N.D. Ga. Mar. 30, 2020); United

27

States v. Mclean, No. 19-cr-380, Dkt. No. (D.D.C. Mar. 28, 2020); United States v. Powell, No. 1:94-cr-316-ESH, Dkt. No 98 (D.D.C. Mar. 28, 2020); United States v. Hector, No. 2:18-cr-3-

28

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1 that every possible step must be taken to ameliorate the serious risk of contracting

2 COVID-19 to jail detainees.

3

2. Defendants Know of the Excessive Risk that COVID-19 Poses to Prisoners’

4 Health and Safety And Have Failed to Abate that Life-Threatening Risk

5

To establish jail officials’ Eighth Amendment deliberate indifference, an official

6 must be “aware of a risk to the inmate’s health or safety and … deliberately

7 disregard[] the risk.” Foster v. Runnels, 554 F.3d 807, 814 (9th Cir. 2009). “ ‘[A]

8 factfinder may conclude that a prison official knew of a substantial risk from the

9 very fact that the risk was obvious.’” Id. (quoting Farmer, 511 U.S. at 842). This

10 requirement is met here.

11

First, it is obvious Defendants are subjectively aware of the risk posed by

12 COVID-19, particularly in detention, whether through government orders (RJN

13 Exs. 17, 18, 11), CDC guidance for jails and prisons (RJN Ex. 10), letters sent to 14

15

16

17
002, Dkt. No. 748 (W.D. Va. Mar. 27, 2020); United States v. Kennedy, 18-cr-20315 (JEL), Dkt.
18 No. 77 (E.D. Mich. Mar. 27, 2020); United States v. Hector, 18-cr-3, Dkt. No. 17 (4th Cir. Mar.

19

27, 2020); United States v. Michaels, 8:16-cr-76-JVS, Minute Order, Dkt. No. 1061 (C.D. Cal. Mar. 26, 2020); United States v. Jaffee, No. 19-cr-88 (RDM) (D.D.C. Mar. 26, 2020); United

20 States v. Harris, No. 19-cr-356 (RDM), 2020 WL 1503444 (D.D.C. Mar. 26, 2020); USA v.

21

Garlock., No. 18 Cr 00418, 2020 WL 1439980, at *1 (N.D. Cal. Mar. 25, 2020); XochihuaJaimes v. Barr, No. 18-71460 (9th Cir. Mar. 24, 2020); U.S. v. Stephens, 15 Cr. 95 (AJN), 2020

22

WL 1295155 (S.D.N.Y. Mar. 19, 2020); In re. Extradition of Alejandro Toledo Manrique, 2020 WL 1307109, (N.D. Cal. March 19, 2020); Committee for Public Counsel Servs. v. Chief Justice,

23 No. SJC-12926 (Mass. Apr. 3, 2020),

24

https://www.mass.gov/files/documents/2020/04/03/12926.pdf; Legal Aid Society. “Legal Aid Secures Release of 106 Incarcerated New Yorkers at a high risk of COVID-19 from Technical

25

Parole Violation Holds on Rikers Island,” press release, Mar. 27, 2020 on Legal Aid NYC website, https://legalaidnyc.org/wp-content/uploads/2020/03/03-27-20-Secures-Release-of-106-

26 Incarcerated-New-Yorkers-at-a-high-risk-of-COVID-19-from-Technical-Parole-Violation-

27

Holds-on-Rikers-Island.docx.pdf?fbclid=IwAR3IvbeyQ1BdlVdnwjsZjVd_S71X06ppuQAyGK2vUj7n2XpOa5URMPyZfQ, accessed Apr. 2020.

28

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 28 of 44 Page ID #:477

1 Defendants,14 or news articles,15 Defendants are well aware of the risks to those

2 who reside in the county jails, as public statements by Sheriff Villanueva (RJN Ex.

3 19), LA DPH guidance to Sheriff Villanueva regarding COVID-19 (RJN Exs. 9,

4 21), and the LASD website of updates on the spread of the virus among LASD

5 employees and prisoners (RJN Ex. 20), confirm. The Board of Supervisors issued

6 an executive order requiring an immediate assessment of the county’s jail to identify

7 all measures to protect prisoners and the broader community from the spread of

8 COVID-19. RJN Ex. 24.

9

On April 16, LASD Inspector General Max Huntsman described the

10

11 “insufficient” procedures for jail staff entering the facility (“we do not have an

12 effective system in place”) and stated that temperatures are not always being taken

13

14 14 See, e.g., Letter from ACLU of Southern California to Los Angeles County Sheriff’s 15 Department (Mar. 12, 2020), https://www.aclusocal.org/en/letter-covid19-la-jail-conditions;

16

Letter to Los Angeles County Sheriff’s Department (Mar. 13, 2020), https://www.hrw.org/news/2020/03/16/advocacy-groups-urge-los-angeles-county-officials-take-

17 immediate-action-stop-spread.
15 David Mills & Emily Galvin-Almanza, As Many as 100,000 Incarcerated People in our
18 Prisons Will Die from the Coronavirus, Unless the US Acts Now, BUS. INSIDER (Apr. 2, 2020),

19

https://www.businessinsider.com/failure-to-release-prisoners-is-condemning-thousands-to-death2020-4; Anna Flagg & Joseph Neff, Why Jails Are So Important in the Fight Against

20 Coronavirus, N.Y. TIMES (Mar. 31, 2020), https://nyti.ms/3aIBHjv; Timothy Williams et al.,

21

‘Jails Are Petri Dishes’: Inmates Freed as the Virus Spreads Behind Bars, N.Y. TIMES (Mar. 30, 2020), https://nyti.ms/2Jmnf4z; Emma Grey Ellis, Covid-19 Poses a Heightened Threat in Jails

22

and Prisons, WIRED (Mar. 24, 2020), https://www.wired.com/story/coronavirus-covid-19-jailsprisons; Ryan Lucas, As COVID-19 Spreads, Calls Grow to Protect Inmates in Federal Prisons,

23 NPR (Mar. 24, 2020), https://www.npr.org/sections/coronavirus-live-

24

updates/2020/03/24/820618140/as-covid-19-spreads-calls-grow-to-protect-inmates-in-federalprisons; Weihua Li & Nicole Lewis, This Chart Shows Why the Prison Population Is So

25

Vulnerable to COVID-19, MARSHALL PROJ. (Mar. 19, 2020), https://www.themarshallproject.org/2020/03/19/this-chart-shows-why-the-prison-population-is-

26 so-vulnerable-to-covid-19; German Lopez, A Coronavirus Outbreak in Jails or Prisons Could

27

Turn into a Nightmare, VOX (Mar. 17, 2020), https://www.vox.com/policy-andpolitics/2020/3/17/21181515/coronavirus-covid-19-jails-prisons-mass-incarceration.

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1 upon entry into the facility, and said he believes that more prisoners can be released.

2 RJN Ex. 8 (0:45).

3

Defendant Villanueva has the authority under California law to release

4 prisoners on his own in emergency situations. See Cal. Gov't Code § 8658 (“the

5 person in charge” of a “correctional institution may remove the inmates” to a safe

6 place or release them in an “emergency endangering the lives of inmates”); Penal

7 Code § 4012 (permitting removal of prisoners to a safe place in the face of a

8 “contagious disease” threatening prisoners). The fact that he has failed to exercise

9 that authority for medically vulnerable prisoners in the face of this dire, once-in-a-

10

11 century crisis is further evidence of deliberate indifference.

12

Second, Defendants disregard that risk by failing to implement the steps urged

13 by the CDC and LA DPH and others to prevent the spread of the virus. An official

14 demonstrates disregard of a risk by “failing to take reasonable measures to abate

15 it.” Farmer, 511 U.S. at 847. Here, the reasonable measures to prevent the spread

16 of COVID-19 are well delineated and publicized: “[s]ocial distancing and proper

17 hygiene are the only effective means by which we can stop the spread of COVID-

18 19.” Memo. & Order at 21, Thakkar v. Doll, No. 20-cv-480 (Mar. 31, 2020), ECF

19 No. 47. The scientific consensus includes hand washing for at least 20 seconds and

20 hand sanitizers, avoiding crowded places and six foot social distancing, and

21 disinfecting common surfaces with household sprays or wipes.16 RJN Ex. 22. The

22 CDC and LA DPH have also recommended these measures within jails and prisons, 23 calling for at least six feet of social distancing the “cornerstone”, pushing facilities 24

25

26

27

16 Angel N. Desai & Rayal Patel, Stopping the Spread of COVID-19, AM. MEDICAL ASS’N (Mar. 20, 2020), https://jamanetwork.com/journals/jama/fullarticle/2763533.

28

2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 30 of 44 Page ID #:479

1 to provide free soap for “frequent hand washing,”17 and “clean[ing] and

2 disinfect[ing]” surfaces “[s]everal times a day.” RJN Ex. 3, at 4, 8-9; RJN Ex. 9, at

3 2.

4

Defendants have failed to implement CDC LA DPH and public health guidelines

5 on almost every score – absent necessary cleaning, hygiene, and health protocols,

6 insufficient or virtually no social distancing, dangerously substandard screening,

7 isolation and treatment practices. Despite population reductions, medically

8 vulnerable individuals are particularly at very high risk, with the proliferation of a

9 jail outbreak. This establishes a constitutional violation.

10

11

In the typical deliberate indifference case, courts give latitude and deference

12 to jail and prison officials’ decisions. But COVID-19 is not typical: it is a once-in-

13 a-century public health emergency, and jail officials are ignoring a consensus

14 regarding essential interventions. This is a danger not only to those confined and

15 employed there, but to the surrounding community. Few tests are available, and

16 symptom checks often fail given the virus’s long latency and ability to spread from

17 asymptomatic people. Goldenson Dec. ¶ 13. Asymptomatic prisoners are often

18 refused tests. Haviland Dec. ¶ 15; Young Dec. ¶ 8. No vaccine or prophylactics

19 exist, and the mortality rate is much higher than other diseases. Goldenson Dec. ¶¶

20 10-11, 14. There is currently only one way to minimize the risk of COVID-19:

21 prevent its spread, which requires all the foregoing distancing and hygiene

22 measures, and identifying, isolating and treating those with symptoms. Goldenson 23 Dec. ¶¶ 14-15. By failing to do these things, or allow prisoners to do them, 24

25

26 17 The CDC likewise recommends that corrections officers be provided soap at no cost so that

27

they can avoid contracting or transmitting the coronavirus when they touch surfaces or persons within the facility. RJN Ex. 3, at 10. See also RJN Ex. 9.

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1 Defendants’ failures knowingly expose Plaintiffs, guards, jail staff, and the public

2 to extreme risk.

3

3. Plaintiffs Are Also Likely to Prevail on Their Disability Claims

4

Plaintiffs have brought claims under the ADA and the Rehabilitation Act, as

5 well as under California analogues – Govt. Code §11135, and Civil Code §§ 51(f)

6 and 54(c). Defendants have denied the medically vulnerable subclasses full and

7 equal accommodations, advantages, facilities, privileges, and services to which they

8 are entitled due to their basis of their disabilities, and failed to make necessary

9 accommodations to those disabilities. Further, Defendants’ handling of the COVID10 19 crisis in the jails has a significantly disparate impact on medically vulnerable 11
inmates to their very high risk of severe injury or death. 12

13

4. The Conditions of Confinement in the LA County Jails Constitute Unconstitutional Punishment of Pretrial Detainees

14

The Fourteenth Amendment protects prisoners from any form of punishment.

15 See Bell v. Wolfish, 441 U.S. 520, 535 n. 16 (1979). Where a condition of

16 confinement is not related to a legitimate government objective, courts infer “that

17 the purpose of the governmental action is punishment that may not be 18 constitutionally inflicted upon detainees qua detainees.” Bell, 441 U.S. at 538-39. 19 20 No legitimate government objective is served by housing pretrial detainees at LCJ 21 in conditions that predictably increase their risk of contracting COVID-19, and of 22 suffering and dying should they become infected. See, e.g., Thakker, 2020 WL

23 1671563, at *8 (in COVID-19 case, finding “no rational relationship between a

24 legitimate government objective and keeping [detainees] detained in unsanitary,

25 tightly packed environments—doing so would constitute punishment.”) As such,

26 Defendants have punished pretrial detainees at LACJ in violation of the Fourteenth

27 Amendment.

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1

B.PLAINTIFFS WILL SUFFER IRREPARABLE HARM WITHOUT A TEMPORARY

RESTRAINING ORDER AND PRELIMINARY INJUNCTION.

2

Plaintiffs face a heightened risk of contracting this deadly virus. Incarcerated

3

people detained around the country are dying of COVID-19.18 A TRO to

4

5 immediately mitigate the spread of the disease is necessary and cannot wait. In

6 addition to risking death, those with COVID-19 may experience acutely painful

7 symptoms or permanent, irreparable damage. See Franco Paredes Dec. ¶¶ 28-31

8 (COVID-19 can cause permanent loss of respiratory capacity, long-term heart

9 failure, and widespread damage to other organs, including kidneys and the

10 neurological system). A temporary restraining order and injunction are necessary to

11 avoid this imminent harm. See, e.g., Harris v. Bd. of Supervisors, Los Angeles Cty.,

12 366 F.3d 754, 766 (9th Cir. 2004) (“pain, infection, amputation, medical

13 complications, and death due to delayed treatment” established irreparable harm);

14 Hernandez v. Cty. of Monterey, 110 F. Supp. 3d 929, 956 (N.D. Cal. 2015)
15 (“[i]nmates and community members are at risk without proper TB identification,
16 isolation, diagnosis and treatment); Rosado v. Alameida, 349 F. Supp. 2d 1340, 17 1348 (S.D. Cal. 2004) (finding irreparable harm due to the fact that the delay of 18 treatment could cost plaintiff his life). The requested relief is particularly urgent 19 because some diagnosed prisoners are already infected. Many more are likely 20 undiagnosed. See Goldenson Dec. ¶ 13. 21

22 18 See, e.g., Andrea Swalec, Inmate at DC Jail Dies of Coronavirus, in First Virus Death at

23 Facility, NBC WASHINGTON (Apr. 13,

24

2020),https://www.nbcwashington.com/news/local/inmate-at-dc-jail-dies-of-coronavirus-in-firstvirus-death-at-facility/2272486/; Paige Fry, Third Inmate with COVID-19 at Cook County Jail

25

Dies, CHICAGO TRIBUNE (Apr. 12, 2020), https://www.chicagotribune.com/news/breaking/ctcovid-jail-death-third-20200413-ob7u5h7ccfg4zo6fgy46p2zpqi-story.html; Sarah N. Lynch,

26 Death Toll from COVID-19 at Oakdale Prison in Louisiana Continues to Climb, REUTERS (Apr.

27

2, 2020), https://www.reuters.com/article/us-health-coronavirus-prisons/death-toll-from-covid19-at-oakdale-prison-in-louisiana-continues-to-climb-idUSKBN21K2D4.

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1

C.

THE HARM PLAINTIFFS ARE SUFFERING OUTWEIGHS ANY POTENTIAL

HARM TO DEFENDANTS CAUSED BY A PRELIMINARY INJUNCTION.

2

Without immediate court intervention, class members face severe health risks,

3

including death. In contrast, the only potential harm Defendants face if ordered to

4

5 bring their jail into compliance with public health guidelines is the expenditure of

6 additional staff time and other payments to provide the information, hygiene

7 products, cleaning agents, and medical treatment necessary to prevent the spread of

8 the virus. Financial concerns do not outweigh serious risk of harm to plaintiffs. 19

9 See Lopez v. Heckler, 713 F.2d 1432, 1437 (9th Cir. 1983) (“Faced with … a

10 conflict between financial concerns and preventable human suffering, …the balance

11 of hardships tips decidedly in plaintiffs’ favor.”); Rodde v. Bonta 357 F.3d 988, 999

12 (9th Cir. 2004) (ADA preliminary injunction for plaintiffs with disabilities

13 challenging closing specialty medical facility without providing alternatives;

14 plaintiffs would be deprived of necessary treatment and suffer increased pain and

15 medical complications).

16

In fact, the requested relief will benefit the jail staff by decreasing their risk of

17 contracting COVID. When there is an outbreak in a jail, staff can become infected

18 and bring the virus home to their families and community.20 Goldenson Dec. ¶ 34.

19 61 LASD employees have already contracted it. RJN Ex. 16. A significant loss of

20 manpower could require defendants to pay overtime to those who remain on the 21 job. 22
Additionally, organizational plaintiffs Dignity and Power Now (DPN) and 23 24 Youth Justice Coalition (YJC) will suffer irreparable harm through the diversion of

25

19 And as states and the federal government increasingly earmark funding specifically for COVID-19 relief, any economic harm may well be offset.

26 20 See Letter from Employees of Cook County Jail to Toni Preckwinkle and Thomas Dart (Mar.

27

31, 2020), https://www.documentcloud.org/documents/6824768-Letter-to-Tom-Dart-and-ToniPreckwinkle-3-31.html.

28

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 34 of 44 Page ID #:483

1 resources and frustration of their organizational missions if injunctive relief is not

2 granted (as well as harm to YJC members). See Steppling Dec. ¶¶ 3-8; see also

3 Saavedra Dec. ¶¶ 12-22 Frustrating an organizational mission constitutes

4 irreparable harm. See, e.g., Valle del Sol Inc. v. Whiting, 732 F.3d 1006, 1029 (9th

5 Cir. 2013) ( “ongoing harm to their organizational mission “ established a likelihood

6 of irreparable harm); see also East Bay Sanctuary Covenant v. Trump, 354

7 F.Supp.3d 1094, 1115–16 (N.D. Cal., 2018); S.A. v. Trump, 2019 WL 990680, at

8 *9.

9

D.

A PRELIMINARY INJUNCTION PROMOTES THE PUBLIC INTEREST.

10

It is in the public interest to prevent the spread of COVID-19. See Banks v.

11

12 Booth, 1:20-cv-00849-CKK, Dkt. No. 49 at 25 (“injunctive relief … lessens the risk

13 that Plaintiffs will contract COVID-19” and “is in the public interest because it

14 supports public health.”); Cameron, No. 2:20-cv-10949-LVP-MJH, Dkt. No. 12 at

15 4 (TRO requiring jail measures to mitigate spread of COVID-19 was in public

16 interest because “it is always in the public interest to prevent the violation of a

17 party’s rights”). LA DPH has declared a public health emergency, which remains

18 in effect. RJN Ex. 11. A jail outbreak will have serious adverse ramifications for

19 prisoners, employees, medical staff and LA County generally, all of whom will

20 suffer from the rapid spread of this disease. A jail outbreak would burden regional

21 health care institutions, tasked to manage and treat COVID-19 cases. A recent

22 epidemiological projection estimated that additional COVID infections caused by

23 spread within the LA County Jail could cause 1,462 additional deaths, about half of

24

25

26

27

28
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1 them outside of the jail.21 There will not be sufficient resources to treat everyone

2 who needs it if there is a COVID patient surge.

3 IV. NO SECURITY SHOULD BE REQUIRED

4

“The court has discretion to dispense with the security requirement [under Fed.

5 R. Civ. P. 65(c)], or to request mere nominal security, where requiring security
6 would effectively deny access to judicial review.” People of State of Cal. ex rel. 7 Van De Kamp v. Tahoe Reg’l Planning Agency, 766 F.2d 1319, 1325 (9th 8 Cir.), amended in irrelevant part, 775 F.2d 998 (9th Cir. 1985); see also, e.g., 9 Carrillo v. Schneider Logistics, Inc., 823 F. Supp. 2d 1040, 1047 (C.D. Cal. 2011) 10 (“plaintiffs cannot afford to post even nominal security. Plaintiffs have also 11
established that they are likely to prevail on the merits, and granting a TRO is in the 12 13 public interest” and so “plaintiffs are not required to post a bond.”). No security is 14 required here because many members of the class are indigent, and the 15 organizational plaintiffs are nonprofits without substantial resources. Van de Kamp, 16 766 F.2d at 1325-26. Requiring that they pay security would effectively deny them 17 relief. Plaintiffs have established that they are likely to prevail on the merits and
18 granting a TRO is in the public interest.

19 V. THIS COURT SHOULD ORDER RELEASE OF THE MEDICALLY

20

VULNERABLE SUBCLASS OF PRETRIAL PRISONERS UNDER 28 U.S.C. § 2241.

21

The Medically Vulnerable Subclasses have conditions rendering them

22 exceptionally vulnerable to death or serious harm from COVID-19. There is no

23 practicable way to ensure that they avoid infection or that, if infected, they receive 24 prompt and reasonable medical treatment within the jail. Their continued detention 25

26 21 COVID-19 Model Finds Nearly 1,000 More Deaths Than Current Estimates, Due to Failure to

27

Reduce Jails (Apr. 22, 2020), https://www.aclu.org/sites/default/files/field_document/aclu_covid19-jail-report_2020-8_1.pdf.

28

2

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1 is a grave risk to their lives and violates the Constitution, necessitating their

2 pursuant to a writ of habeas corpus under 28 U.S.C. § 2241.22 See Preiser v.

3 Rodriguez, 411 U.S. 475, 489 (1973) (habeas is the only federal remedy to obtain

4 immediate release). 28 U.S.C. § 2241(c) establishes federal court jurisdiction to

5 issue writs of habeas corpus for individuals “in custody in violation of the

6 Constitution or laws or treaties of the United States.”

7

The Supreme Court left open the possibility of litigating a pure conditions of

8 confinement case through a petition for writ of habeas corpus in Preiser v.

9 10

Rodriguez, 411 U.S. 475, 499 (1973). The Ninth Circuit has held that if a prisoner’s

11 claim does not lie at “the core of habeas corpus,” or would not necessarily lead to

12 speedier or immediate relief, it must be brought under § 1983. Nettles v. Grounds,

13 830 F.3d 922, 931 (9th Cir. 2016). That is not the case here. Medically Vulnerable

14 Petitioners seek writs since requiring release since that is the only means to protect

15 them from constitutionally deficient conditions that place them at imminent risk of

16 severe injury or death. See Malam v. Adducci, No. 20-10829, 2020 WL 1672662,

17 at *2-*4 (E.D. Mich. Apr. 5, 2020), as amended (Apr. 6, 2020).

18

There is no way to constitutionally confine Medically Vulnerable Subclass

19 members in the jail. See Goldenson Dec. ¶ 61 (“LACJ holds persons who by reason

20 of their age and/or chronic medical condition are particularly susceptible to

21 becoming seriously ill or even dying should they become infected with COVID-

22 22 Members of both Medically Vulnerable Subclasses bring this action under 28 U.S.C. § 2241

23 and Article I, Section Nine of the US Constitution. § 2241 is appropriate for members of the

24

medically vulnerable pretrial class because they have not been convicted of a crime and are not in custody “pursuant to the judgment of a state court.” Stow v. Murashige, 389 F.3d 880, 885

25

(9th Cir. 2004). It is appropriate for the post-conviction medically-vulnerable subclass because they do not attack the underlying sentence or conviction. See Montez v. McKinna, 208 F.3d 862,

26 865 (10th Cir. 2000) (a “challenge to the validity of [petitioner’s] conviction and sentence”

27

should “properly be brought under § 2254 but “an attack on the execution of his sentence” should be “pursuant to § 2241”).

28

2

Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 37 of 44 Page ID #:486

1 19”); ¶ 75 (population “at serious risk of serious illness and death” if they “remain

2 at the jail); Franco Paredes Dec. ¶ 25 (“For people in the highest risk populations,

3 the fatality rate of COVID-19 is about 15 percent.”). COVID-19 is already present

4 in the jail; 28 prisoners, and 61 LASD employees have tested positive for COVID-

5 19. In other jails, infections have escalated rapidly, resulting in several deaths.23

6 Goldenson Dec. ¶ 35-36; Vail Dec. ¶ 11 (describing outbreaks in jails and prisons) 7 For the Medically Vulnerable Subclass, every interaction with staff or other 8 inmates, every breath, every communal meal spent, and every touched surface 9 exposes them to grave risk. Defendants have demonstrated that they are unable or 10 11 unwilling to implement sufficient measures to ensure the safety of this vulnerable 12 population, which, despite defendants’ knowledge of their precarious health 13 conditions, receives no additional protection. See, e.g., Fuentes Dec. ¶ 5 (despite
14 informing guards during booking of serious medical concerns, they made no effort

15 to screen, isolate, or protect him). Subclass members must be removed from such

16 dangerous conditions.

17

For such reasons, courts have granted emergency habeas petitions ordering the

18 release of medically vulnerable people from confinement. See, e.g., Order, Wilson

19 v. Williams, No. 4:20-cv-00794-JG, Dkt. No. 22 (Apr. 22, 2020) (certifying a

20 provisional subclass of medically vulnerable inmates of a federal prison, granting a

21 writ of habeas corpus, and requiring defendants to identify, within one day, all

22 23 Shannon Halligan, Correctional Officer, 2 Inmates at Cook County Jail Die From COVID-19;

23 Death of 2nd Officer Under Investigation, WGN9 (Apr. 20, 2020),

24

https://wgntv.com/news/coronavirus/sheriffs-officer-correctional-officer-both-die-from-covid19/ (reporting 7 have died during the outbreak in the jail, 321 Sheriff’s employees have tested

25

positive, 398 prisoners have tested positive, and 183 prisoners have recovered); Bill Hutchinson, ACLU Study Linked to Jails Projects Coronavirus Deaths Double in US, ABC NEWS (APR. 22,

26 2020), https://abcnews.go.com/US/aclu-study-projects-coronavirus-deaths-double-us-

27

government/story?id=70263946 (reporting that at Rikers Island, 367 prisoners have tested positive and two prisoners and a corrections officer have died from COVID-19).

28

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1 members of the subclass and evaluate their eligibility for transfer out of the prison);

2 Order, Thakker v. Doll, No. 20-cv-480 (JEJ), Dkt. No. 47 (M.D. Pa. Mar. 31, 2020)

3 (“Considering …the grave consequences that will result from an outbreak of

4 COVID-19, particularly to the high-risk Petitioners in this case, we cannot

5 countenance physical detention in such tightly-confined, unhygienic spaces.”)24

6

For all of the reasons previously explained, the Medically Vulnerable Subclass

7 are entitled to this relief on an emergency basis. See, e.g., Francisco Hernandez v.

8 Wolf, No. 20-cv-617 (TJH), Dkt. No. 17 (C.D. Cal. Apr. 1, 2020) (granting habeas 9 petition TRO pursuant to section 2241). The arguments advanced on behalf of the 10 11 overall class’ entitlement to a TRO and preliminary injunction apply all the more to

12 the subclass, who are at even greater risk and whose need for immediate court

13 intervention is even more urgent. (The proposed order does provide for Defendants

14 to object to certain persons who may pose a significant risk to public safety if

15 released; however, “[t]o the extent [public safety] issues are addressed in this case

16 for those who are medically vulnerable, release must be considered in light of the

17 severe public health consequences of not releasing such individuals.” Goldenson

18 Dec. ¶79.)25

19

20 24 See also Order, Fraihat v. Wolf, 20-cv-590 (TJH), (C.D. Cal., Mar. 30, 2020) (“our response to

those at particularly high risk must be with compassion and not apathy. The Government cannot
21 act with a callous disregard for the safety of our fellow human beings.”); Order, Rafael L.O. v.

22

Tsoukaris, No. 20-cv-3481, Dkt. No. 24 (D.N.J. Apr. 9, 2020); Order, Hope v. Doll, No. 20-cv562 Dkt. No. 11 (M.D. Pa. Apr. 7, 2020); Order, Malam v. Adducci, No. 20-cv-10829 Dkt. No.

23 23 (E.D. Mich. Apr. 6, 2020); Order, Francisco Hernandez v. Wolf, 20-cv-617 (TJH), Dkt. No.

24

17 (C.D. Cal., Apr. 1, 2020);; Order, Castillo v. Barr, 20-cv-605 (TJH)(AFM), Dkt. No. 32 (C.D. Cal. Mar. 27, 2020); Coronel, 2020 WL 1487274; Order, Basank v. Decker, 20-cv-2518 (AT),

25

Dkt. No. 11 (S.D.N.Y. Mar. 26, 2020); Order, Ronal Umana Jovel v. Decker, 12-cv-308 (GBD), Dkt. No. 27 (S.D.N.Y. Mar. 26, 2020).

26 25 Moreover, to the extent that a member of the Medically Vulnerable subclass already has a set

27

bail amount and remains incarcerated only for inability to pay that amount, a court has already determined that the risk of release is not unacceptably high. Cal. Const. art. 1, §12.

28

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1

If this Court does not order immediate release of the Medically Vulnerable

2 Subclass as a whole, it can order Defendants to produce a list of subclass members

3 and any other appropriate information. See, e.g., Cameron v. Bouchard, No. 2:20-

4 cv-10949-LVP-MJH, Dkt. No. 40, at 7 (ordering Defendants to “[p]romptly

5 provide Plaintiffs and the Court with a list of all individually who are in the

6 Medically Vulnerable Subclass . . . which includes their location, charge and bond

7 status,” and a list of those “Defendants object to releasing and the basis for that

8 objection”); Swain v. Junior, No. 1:20-cv-21457-KMW, at 2-5 (S.D. Fla. Apr. 7,

9 2020) (Defendants to file, within two days, a list of Medically Subclass Members

10

11 under seal and “a notice describing the measures being employed to protect” them).

12

VI. THIS COURT SHOULD EXERCISE ITS AUTHORITY TO RELEASE PRETRIAL MEDICALLY VULNERABLE SUBCLASS MEMBERS ON

13 NON-MONETARY BAIL CONDITIONS PENDING REVIEW OF THEIR

14 REQUEST FOR HABEAS RELIEF UNDER § 2241.

15

Members of the Pretrial Medically-Vulnerable Subclass respectfully request that

16 this Court order them released on non-monetary bail pending review of their request

17 for habeas relief under § 2241. District courts may grant release pending a habeas

18 decision where there are “special circumstances or a high probability of success.”

19 See Land v. Deeds, 878 F.2d 318, 318 (9th Cir. 1989). Indeed, at least one court has

20 expressly exercised this power in a recent class action habeas case concerning the

21 risk of COVID-19 to people who are medically vulnerable. Wilson v. Williams, Case

22 No. 4:20-cv-00794-JG, Dkt. No. 22, at 8-9 (N.D. Ohio Apr. 22, 2020). Although

23 the Ninth Circuit has never decided whether this means that a court may release a

24 convicted state prisoner on bail pending a decision on the merits of a habeas petition
25 challenging the conviction or sentence, see In re Roe, 257 F.3d 1077, 1080 (9th Cir. 26

27

28
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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 40 of 44 Page ID #:489

1 2001), 26 other circuit courts have so concluded, even for convicted prisoners

2 challenging their convictions and sentences.27 In post-conviction proceedings where

3 principles of comity and finality are at their zenith, these courts have held that to be

4 released on bail pending habeas review the petitioner must demonstrate

5 “extraordinary circumstances” and that the underlying claim raises “substantial

6 claims.” See e.g. Mapp, 241 F.3d at 226. In addition, as described below, this Court

7 should exercise the authority to release members of the Medically Vulnerable

8 Subclass on non-monetary bond.

9

Even assuming this stringent test for challenging final convictions applies to

10

11 presumptively innocent pretrial detainees, extraordinary circumstances exist here

12 for reasons previously explained at length. Rapid removal from the jail is necessary

13 “to make the habeas remedy effective” and to avoid potentially catastrophic injury

14 or death. Mapp, 241 F.3d at 226; cf. Johnson v. Marsh, 227 F.2d 528, 529-32 (3d

15 Cir. 1955) (district court had power to grant bail pending habeas where the

16 petitioner, “an advanced diabetic, was, under conditions of confinement, rapidly

17 progressing toward total blindness”). Based on these considerations, the District of

18 Massachusetts has released (and continues to release) federal immigration detainees

19

20 26 The court in Roe assumed that district courts had the power to grant bail in extraordinary

circumstances (noting that the federal rules contemplate enlargement of habeas prisoners), in line
21 with every other circuit court of appeals to address the question.

22

27See, e.g., Mapp v. Reno, 241 F.3d 221, 226 (2d Cir. 2001); Landano v. Rafferty, 970 F.2d 1230, 1239 (3rd Cir. 1992); Martin v. Solem, 801 F.2d 324, 329 (8th Cir. 1986); Woodcock v.

23 Donnelly, 470 F.2d 93, 94 (1st Cir.1972); Calley v. Callaway, 496 F.2d 701, 702 (5th Cir.

24

1974); Dotson v. Clark, 900 F.2d 77, 79 (6th Cir. 1990); Cherek v. United States, 767 F.2d 335, 337 (7th Cir. 1985); Pfaff v. Wells, 648 F.2d 689, 693 (10th Cir. 1981); Baker v. Sard, 420 F.2d

25

1342, 1343–44 (D.C. Cir. 1969); United States v. Perkins, 53 F. App’x 667, 669 (4th Cir. 2002); see also Hall v. San Francisco Superior Court, No. C 09-5299 PJH, 2010 WL 890044, at *2

26 (N.D. Cal. Mar. 8, 2010) (“Based on the overwhelming authority [of other circuit courts] in

27

support, the court concludes for purposes of the instant motion that it has the authority to release Hall pending a decision on the merits.”).

28

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 41 of 44 Page ID #:490

1 on non-monetary bond conditions while their class action habeas petition is

2 pending. See Savino v. Souza, No. 20-10617-WGY, 2020 WL 1703844, at *8-9

3 (Apr. 8, 2020) (explaining its decision to grant immigration bail pending habeas).28

4 Given the severe and unavoidable risks to the Medically Vulnerable Class, this

5 Court can and should act quickly to do the same.

6

Given the size of the LA County Jail, the Court has several options to consider

7 in exercising its equitable flexibility. As a matter of equity, the Court (or some

8 special designee such as a magistrate or master) could go through groups of

9 10

presumptively innocent detainees as the Savino Court is doing. The Court could

11 also, much more quickly, release on bail every medically vulnerable pretrial

12 detainee charged with an offense that does not have as an element the use or

13 threatened use of violence or unwanted sexual touching of another person, or release

14 every pretrial detainee who is in jail solely because they cannot post their bail. Such

15 filters are very reasonable proxies for public safety under these extraordinary

16 circumstances. In adopting such an approach, this Court could order that non-

17 financial conditions of release already ordered by a state court in any person’s case

18 remain the same, thereby helping to ensure that any intrusion on state court

19 proceedings is minimal and targeted only at terminating pretrial detention of

20

21

22

28 See also Avendano Hernandez v. Decker, No. 20-CV-1589 (JPO), 2020 WL 1547459, at *3 (S.D.N.Y. Mar. 31, 2020) (releasing § 2241 habeas petitioner challenging unconstitutional

23 conditions of confinement—“specifically, continued risk of exposure to COVID-19”—because

24

his continued detention would expose him to the infection he seeks habeas relief to avoid and, thus, “immediate release [wa]s necessary to ‘make the habeas remedy effective’”) (quoting

25

Mapp, 241 F.3d at 230); Mem. and Order, Jimenez v. Cronen, No. 18-10225-MLW, Doc. 507-1 at 3-4 (D. Mass. Mar. 26, 2020) (release of habeas petitioner on bail was “necessary to … make

26 the habeas remedy effective” in light of the coronavirus pandemic). Given the severe and

27

unavoidable risks to the Medically Vulnerable Class, this Court can and should act quickly to do the same.

28

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 42 of 44 Page ID #:491

1 presumptively innocent people in dangerous conditions.29 In these extraordinary

2 times, where lives are literally at stake, such exceptional remedies are justified. This

3 Court’s flexibility to meet the demands of this crisis is one of the crucial features of

4 courts sitting in equity in the American legal tradition.

5 VII. CONCLUSION

6

For the above-stated reasons, Plaintiffs request that the Court immediately grant

7 their motion and issue emergency relief as set forth in the proposed order.

8

Dated: April 24, 2020 Respectfully Submitted,

9

HADSELL STORMER RENICK & DAI LLP

10

KAYE, MCLANE, BEDNARSKI & LITT, LLP

11

AMERICAN CIVIL LIBERTIES UNION

12

CIVIL RIGHTS CORPS UCLA LAW CLINICS

13

ACLU OF SOUTHERN CALIFORNIA

14

By: _/s/ Barrett S. Litt ___________

15

Barrett S. Litt

16

By_/s/ Dan Stormer ___________

17

Dan Stormer

18

Attorneys for Plaintiffs

19

20

21

22

23

24

25

26

27

29 Conditions that would require interaction with other people, such as check-ins, should not be imposed due to the risk that such contact would pose to members of the subclass.

28

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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 43 of 44 Page ID #:492

1

PROOF OF SERVICE

2

I, Katherine Uckert, am employed in the County Los Angeles, State of

3 California; I am over the age of 18 years and not a party to this action. My

4

business address is 975 East Green Street, Pasadena, California 91106. On April 24, 2020, I served the foregoing:

5

6

EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION; MEMORANDUM OF

7

POINTS AND AUTHORITIES IN SUPPORT THEREOF FILED

8 CONCURRENTLY WITH DECLARATIONS; EXHIBITS; [PROPOSED]

9

ORDER on the interested parties in this action by transmitting a true copy thereof, as follows:

10

11

SEE ATTACHED SERVICE LIST

12 […] BY U.S. MAIL: By placing it for collection and mailing, in the course of 13 ordinary business practice, enclosed in a sealed envelope, with postage fully
prepaid, addressed to all parties of record on the service list. 14

15 […] BY FEDERAL EXPRESS: I enclosed said document(s) in an envelope

16

provided by FedEx and addressed to all parties of record on the service list. I delivered the envelope or package for collection and overnight delivery to a courier

17 or driver authorized by FedEx to receive documents.

18 [ X ] BY EMAIL OR ELECTRONIC TRANSMISSION: I caused a copy of 19 the document to be sent from the email address kuckert@kmbllaw.com to the

20 persons at the email addresses listed in the accompanying service list. I did not

21

receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. *Due to the COVID-19

22 pandemic, the parties have stipulated to electronic service of the forgoing

23

documents. I declare under penalty of perjury under the laws of the United States of

24 America and the State of California that the foregoing in true and correct.

25

Executed this 24th day of April 2020, at Pasadena, California.

26

__________________

27

Katherine Uckert, CP

28
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Case 2:20-cv-03760-RGK-PLA Document 13 Filed 04/24/20 Page 44 of 44 Page ID #:493

1

SERVICE LIST

2

3 ANDREW BAUM - State Bar No. 190397

4

MICHAEL E. GERST - State Bar No. 266514 GLASER WEIL FINK HOWARD AVCHEN & SHAPIRO LLP

5 10250 Constellation Boulevard, 19th Floor

6

Los Angeles, California 90067 Telephone: (310) 553-3000

7 Facsimile: (310) 556-2920

8 Email: abaum@glaserweil.com

9

Attorneys for Defendants, COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFFS

10 DEPARTMENT, SHERIFF ALEX VILLANUEVA

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28
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Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 1 of 17 Page ID #:494

1 Dan Stormer, Esq. [S.B. #101967]

2

Shaleen Shanbhag, Esq. [S.B. #301047] Tanya Sukhija-Cohen, Esq. [S.B. #295589]

3

Theresa Zhen, Esq. [S.B. #300710] HADSELL STORMER RENICK & DAI LLP

4

128 N. Fair Oaks Avenue Pasadena, California 91103

5

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

6

Emails: dstormer@hadsellstormer.com sshanbhag@hadsellstormer.com

7

tanya@hadsellstormer.com tzhen@hadsellstormer.com

8 Barrett S. Litt, Esq. [S.B. #45527]

9

Lindsay B. Battles, Esq. [S.B. #262862] KAYE, MCLANE, BEDNARSKI, & LITT, LLP

10

975 E. Green Street Pasadena, CA 91106

11

Telephone: (626) 844-7660 Facsimile: (626) 844-7670

12

Email: blitt@kmbllaw.com lbattles@kmbllaw.com

13

14 Attorneys for Petitioners/Plaintiffs

15 [Additional Counsel continued on next page]

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18

RODNEY CULLORS, DENEAL YOUNG, Case No.: JESSICA HAVILAND, RANY UONG,

19

MARK AVILA, CAROLE DUNHAM, LEANDREW LEWIS, VICTOR

CLASS ACTION

20

GUTIERREZ, JEREMIAH FARMER, on behalf of themselves and all others

DECLARATIONS OF REPRESENTATIVES FOR

21

similarly situated, DIGNITY AND POWER NOW, YOUTH JUSTICE

ORGANIZATION PLAINTIFFS IN SUPPORT OF PETITIONERS/

22 COALITION,

PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY

23

Plaintiffs,

RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION

24 vs.

25

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF ALEX

26

VILLANUEVA, and DOES 1-10, inclusive,

27

Defendants.

28

DECLS. OF REPS FOR ORG. PLTFS ISO PETITIONERS/PLTFS’ EX PARTE APPL. FOR TRO & MTN. FOR PRELIM. INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 2 of 17 Page ID #:495

1 [Additional Counsel continued from first page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

3

ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St.

Katherine C. Hubbard, Esq. [S.B. #302729]

4 Los Angeles, CA 90017 Telephone: (213) 977-9500

CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800

5 Facsimile: (213) 977-5299

Washington, DC 20009

6 Email: peliasberg@aclu.sc.org

Telephone: (202) 894-6126 Facsimile: (202) 609-8030

7

Email: alec@civilrightscorps.org katherine@civilrightscorps.org

8

9

Catherine Sweetser, SBN 271142 Alicia Virani, SBN 281187

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION

10

Aaron Littman, SBN 330283 UCLA LAW CLINICS

NATIONAL PRISON PROJECT 915 15th St., N.W.

11 385 Charles E. Young Drive East Los Angeles, CA 90095

Washington, D.C. 20005 Telephone: (202) 393-4930

12 (310) 825-9562

Facsimile: (202) 393-4931

13

Email: csweetser@sshhlaw.com virani@law.ucla.edu

Email: ebalaban@aclu.org

14

littman@law.ucla.edu

15 Andrea Woods, Esq.*

16

AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor

17

New York, NY 10004 Telephone: (212) 549-2528

18 Facsimile: (212) 607-3329 Email: awoods@aclu.org
19

20 *pro hac vice applications forthcoming

21

22

23

24

25

26

27

28

DECLS. OF REPS FOR ORG. PLTFS ISO PETITIONERS/PLTFS’ EX PARTE APPL. FOR TRO & MTN. FOR PRELIM. INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 3 of 17 Page ID #:496

1

INDEX OF DECLARATIONS

2

3 Exhibit Description

4

A Declaration of Michael A. Saavedra, dated April 24, 2020

5

B Declaration of Alexis Steppling, dated April 24, 2020

6 Dated: April 24, 2020

Respectfully Submitted,

7

HADSELL STORMER RENICK & DAI LLP KAYE, MCLANE, BEDNARSKI & LITT, LLP

8

CIVIL RIGHTS CORPS UCLA LAW CLINICS

9

ACLU OF SOUTHERN CALIFORNIA AMERICAN CIVIL LIBERTIES UNION

10

11

By: /s/ - Barrett S. Litt

12

Barrett S. Litt

13

Attorneys for Petitioners/Plaintiffs

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECLS. OF ORGANIZATION PLTF REPS. ISO

1

PETITIONERS/PLTFS’ EX PARTE APPL. FOR TRO

& MTN. FOR PRELIM. INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 4 of 17 Page ID #:497
Ex. A

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 5 of 17 Page ID #:498

1

DECLARATION OF MICHAEL A. SAAVEDRA

2

I, Michael Saavedra, declare that, if called upon to do so, I could and would

3 competently testify to the truth of the matters stated herein:

4

1. I am the Legal Coordinator for Youth Justice Coalition (“YJC”), a party to

5 this action. I make this declaration in support of Plaintiffs’ Motion for a Temporary

6 Restraining Order and Preliminary Injunction.

7

2. I have held the position of Legal Coordinator for the YJC since January

8 2019. Prior to that, I volunteered for the YJC since approximately May 2017. As the

9 Legal Coordinator, my duties include: responding to legal mail from people incarcerated

10 in the state prison system, including providing handouts and informational resources;

11 coordinating free legal clinics twice a month for expungement and post-conviction

12 relief; court accompaniment to provide support for families of people detained;

13 coordinating a statewide campaign against Non-Designated Programming Facilities

14 through organizing, coalition bulding, advocacy, and litigation;1 coordinating weekly

15 calls to provide updates on advocacy work across the state, including lobbying and

16 rallies in Sacramento; and coordinating “Know Your Rights” workshops.

17

3. I am testifying to the knowledge in this declaration on behalf of YJC. YJC

18 does not have a hierarchical structure and all staff are involved in overseeing the

19 operations and budget of YJC. So, as the Legal Coordinator, I am personally involved in

20 and have personal knowledge of YJC’s operations and budget matters.

21

Youth Justice Coalition

22

4. The YJC is a 501(c)(3) non-profit organization based in Los Angeles

23 (“LA”). The YJC’s mission is working to build a movement led by system-involved

24 youth, families, and formerly and currently incarcerated people to challenge race,

25 gender, and class inequality in California’s carceral systems. YJC uses community

26

27 1 This campaign advocates against plans by the California Department of Corrections

28

and Rehabilitation to merge Sensitive Needs Yards and General Population prisoners to cohabitate and program on a Non-Designated Yard together.

1
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 6 of 17 Page ID #:499

1 organizing, policy advocacy, political education, media messaging, activist arts,

2 coalition-building, and transformative justice. Founded in 2003, the YJC is a grassroots,

3 abolition-centered organization that is primarily composed of incarcerated and formerly

4 incarcerated people and that advocates for decarceration, diversion, decriminalization,

5 and improved conditions of confinement. The YJC’s youth members are ages 7-24 who

6 have been arrested, detained, incarcerated, and/or criminalized and pushed out of school

7 through arrest, suspension, or expulsion. YJC also has adult members of all ages. The

8 YJC provides family support and community engagement through political education,

9 court support (participatory defense), helping youth and adults challenge their placement

10 on the CalGang Database, and “Know Your Rights” workshops. The YJC offers a free

11 legal clinic twice a month and provides participatory defense and court support to

12 hundreds of people and their families each year in juvenile court, criminal court, traffic

13 court, civil court (to challenge gang allegations and injunctions), and in immigration

14 court. The YJC also runs a community center and high school for youth as a free

15 alternative to incarceration and a re-entry reseource for people who are under probation

16 supervision, who have to meet court-ordered conditions and/or programs, and/or who are

17 returning home form juvenile halls, jails, youth, and adult prisons.

18

Youth Justice Coalition’s Membership

19

5. The YJC has an extensive membership base. The YJC’s “inside”

20 membership includes more than 4,000 members inside correctional, detention, and

21 juvenile facilities across the State of California. The YJC’s “outside” membership

22 includes more than 23,300 youth, families, formerly incarcerated people, and allied

23 organizations.

24

6. As of April 9, 2020, the YJC’s current membership inside state prisons run

25 by the California Department of Corrections and Rehabilitation is 4,127. Among our

26 current membership and allies of 23,336 who are not currently in state prison, at least 77

27 are family members with loved ones currently detained in Los Angeles County jails.

28

7. Anyone can become a member of the YJC by filling out a membership form

2
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 7 of 17 Page ID #:500

1 on the YJC’s website, or by filling out a paper application. The membership application

2 requests the individual’s name, contact information, availability to volunteer, whether

3 they or a family member have been impacted by the system and/or incarceration. The

4 YJC often sends membership forms to incarcerated individuals upon request. Anyone

5 who applies to become a member of the YJC can become a member as long as they or

6 their immediate family have direct system experience. Other people can join the YJC as

7 allies. The YJC maintains a list of its members in an electronic database, as well as in

8 physical paper files. The YJC primarily contacts its “outside” members through e-mail,

9 Instagram, Facebook, Twitter, phone calls or text and its “inside” members through mail.

10 Those who become members of the YJC are added to the YJC’s listserv, to which the

11 YJC sends out notices of membership meetings, legal clinics, campaigns, calls to action,

12 the YJC’s calendar of events, and volunteer opportunities. The YJC routinely sends mail

13 to “inside” members with informational resources, “Know Your Rights” materials, and

14 updates on new laws that may affect their ability to reduce their sentence or prepare for

15 parole.

16

8. Members engage with the YJC in a variety of ways. The YJC frequently

17 sends out calls to action to members, which may include calling on members to lobby

18 legislators at local and state levels including in Sacramento, make public comments at

19 Los Angeles County Board of Supervisor, Los Angeles County Sheriff Civilian

20 Oversight Commission, Police Commission, or City Council meetings; attend

21 workshops and trainings; volunteer to coordinate and conduct YJC events and trainings;

22 attend peaceful protests and marches; participate in letter writing campaigns; sign

23 petitions; and use social media for advocacy. The YJC conducts trainings and workshops

24 on alternatives to calling 911, gender-based violence, LGBTQ issues, abolition, and

25 “Know Your Rights” issues. Although members are not required to pay any dues,

26 members routinely volunteer for the YJC and the calls for action described above. The

27 YJC also recently started a volunteer mail night, in which members come together and

28 help with responding to prisoner mail with informational resources.

3
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 8 of 17 Page ID #:501

1

9. YJC members also attend membership meetings. Although there is no

2 standing membership meeting, membership meetings are held whenever there is a call to

3 action with opportunities for members to become engaged and volunteer. The YJC’s

4 membership is also organized within campaigns and coalitions that meet regularly. For

5 example, the YJC coordinates weekly meetings for the S.T.O.P. Coalition for families

6 whose loved ones have been killed by the police; bi-weekly calls for the 34 United

7 Coalition for families across California whose loved-ones are in the state prison system;

8 and meetings once or twice a month for the statewide Our Streets Coalition to challenge

9 gang injunctions, gang databases and gang enhancements. The YJC hosts such

10 membership meetings at least six times a month, with anywhere from 20 to 100

11 members in attendance at each meeting.

12

10. Plaintiff Mark Avila and DeNeal Young, and Declarant Benito Venegas are

13 members of the YJC. Prior to writing this declaration, I personally saw their membership

14 applications and know their applications were granted.

15

11. If LA County does not order the relief sought in this action, the YJC’s

16 members will suffer irreparable harm. The YJC’s members in LA County jails face an

17 ever-increasing risk of contracting COVID-19 with the potential for serious illness,

18 health complications, and even death. Continuing to subject the YJC’s members to the

19 currently unsafe conditions in LA County jails violates their constitutional rights. The

20 YJC’s members who are elderly and/or have pre-existing health conditions are at an

21 even greater risk of contracting COVID-19 and the only way to protect their health and

22 constitutional rights is through their release. The YJC’s “outside” members—who

23 include family members of those incarcerated in LA County jails—will also suffer the

24 loss of any loved ones who die from COVID-19 in jail, who return home and infect

25 other family members, or who are detained for longer periods of time due to loss of their

26 due process rights through court postponents of arraignments and hearings.

27

Youth Justice Coalition’s Diversion of Resources

28

12. The YJC has diverted and expended its resources—including staff time and

4
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 9 of 17 Page ID #:502

1 financial resources—to advocate for protective measures for its members detained and

2 incarcerated in LA County jails and for the release of medically vulnerable prisoners.

3 The YJC has also diverted and expended its resources to support families of those

4 incarcerated in LA County jails during the COVID-19 pandemic. The YJC has had to

5 divert these resources away from its other campaigns. Since the outbreak of COVID-19

6 in or around early March 2020, the YJC has received a high number of calls and letters

7 from its members in LA County jails and their families expressing concern about the

8 health of people held within LA County jails amidst the pandemic and their risk of

9 contracting COVID-19. The YJC has had to re-direct much of its focus to address

10 emergency conditions within LA County jails in which many of its members – youth are

11 transferred from juvenile halls, YJC members 18-24 who are detained on charges they

12 are fighting in court, and adults whose families have contacted YJC fearful for their

13 health – are struggling to both prepare for court, and maintain their safety and well-being

14 in the misdst of a pandemic.

15

13. In response to COVID-19, the YJC has supported families to attend court

16 hearings, and advocated for due process protections in light of court postponements and

17 closures.

18

14. The YJC has also provided support, including monitoring and advocacy,

19 when Los Angeles County Sheriff’s Department (“LASD”) Deputies have arrested

20 individuals in violation of the LASD Sheriff Alex Villaneuva’s order to “cite and

21 release” where possible to minimize the jail population. For example, on March 26,

22 2020, Ms. Kim McGill, a YJC organizer, was called to the home of a member of YJC, a

23 college student with no prior arrest or conviction history, who was being arrested by

24 LASD deputies. Through repeated calls to LASD, she learned that the student would be

25 booked into the LA County jail system and would not be arraigned for at least a week.

26 Ms. McGill passed this information along to family members who could bail him out.

27 Monitoring arrests that threaten the health of members has taken Ms. McGill away from

28 her other work, such as advocating for changes in the justice system over all.

5
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 10 of 17 Page ID #:503

1

15. Furthermore, the YJC has advocated with county agencies for the urgent

2 needs of people inside, ensuring that people received medical treatment, hygiene, masks,

3 movement to a more suitable location within facilities, and information on the virus and

4 its symptoms.

5

16. In the course of this advocacy, YJC has coordinated several COVID-19

6 related online community forums with community members and government officials.

7 As one example, YJC staff assisted a member, Sage Scanlon-Perez, to present public

8 testimony about the experience of her brother, Tonatiuh Ward, at an online community

9 forum with officials that YJC organized on March 25, 2020. I personally watched her

10 public testimony at the online forum and heard Ms. Ward explain that her brother is in

11 pretrial detention in Twin Towers. She also stated that Mr. Ward has a diagnosis of

12 schizoaffective disorder, and said: “He needs constant care from family and medical

13 professionals, but the jails have shut down all visitation so we haven’t seen him in

14 almost a month now. My mom just spoke to him yesterday for the first time. They just

15 started giving people 2 free 5-minute calls a week to make up for cancelling visits, but

16 that is not comparable to 30 minute in person visits. … We sent letters 10 days ago that

17 still haven’t arrived.” Ms. Ward reported thather brother “has no money to buy soap or

18 hygiene products to protect himself. His immune system is heavily compromised, [and]

19 we are afraid of what will happen to him when COVID spreads through the jails.” She

20 explained that “[i]n the process of advocating for him sheriffs have hung up on me,

21 claimed to have no information, and told me that there’s nothing anyone can do so just

22 wait. There’s a pandemic sweeping through the world and they’re telling us to wait.”

23

17. The YJC has also filed complaints on behalf of its members with the LA

24 County Office of the Inspector General; lodged requests for information and assistance

25 with the Los Angeles County’s Probation Department, Office of Diversion and Re-entry,

26 Department of Health Services, and LA County Sheriff’s Civilian Oversight

27 Commission; engaged with government officials to advocate for the protection of people

28 detained in LA County jails from COVID-19, including by sending letters in

6
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 11 of 17 Page ID #:504

1 collaboration with other civil society organizations; mobilized community pressure and

2 media coverage which culminated in the LA County Board of Supervisors passing a

3 motion and executive order to assess the pandemic in LA County jails, courts and

4 Probation facilities and release people; and mobilized dozens of organizations and

5 hundreds of people for a car rally in downtown LA to protest the lack of protections

6 against COVID-19 for people in LA County jails.

7

18. The YJC has also had to gather information and resources from medical

8 practitioners so that the YJC can better respond to the needs of their members affected

9 by COVID-19 in LA County jails. For example, although some people were finally

10 given a face mask during the week of April 6th, LA County did not provide people more

11 than one mask, nor information on how to use the masks or how to clean them. The YJC

12 has had to fill that gap, and provide informational resources to their detained and

13 incarcerated members on how to use masks and best protect themselves from COVID-

14 19. This is notwork that the YJC normally undertakes, both in terms of the provision of

15 health information and in terms of serving the emergency medical needs of so many

16 people inside.

17

19. If the YJC were not spending resources on this COVID-19 campaign, it

18 would otherwise use its resources toward its other campaigns. The YJC has had to stop

19 working on several of its pre-existing campaigns in order to respond to the COVID-19

20 crisis in LA County jails. For example, the YJC has had to reduce its work on the

21 following campaigns: the Los Angeles Youth Uprising Coalition that the YJC co-

22 coordinates to advocate for youth diversion from arrest and the transfer of youth out of

23 Probation into a youth development department; engagement with the Los Angeles

24 County Sheriff Civilian Oversight Commission and state legislature to reduce law

25 enforcement use of force and better respect the needs and healing of surviving families;

26 its campaign against Non-Designated Programming Facilities; advocacy for the release

27 of people in ICE detention centers and re-unification with their families; the debt-free

28 justice campaign to end system fees, fines and money bail; the campaign for Community

7
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 12 of 17 Page ID #:505

1 Alternatives to 911; and advocacy for legislation to amend state laws in order to divert

2 youth from arrest, shorten probation terms, decrease contact between youth and law

3 enforcement, decriminalize truancy, and extend the age for juvenile court to 21.

4

20. The YJC is a small grassroots, non-profit organization with limited staff,

5 time, and resources, and therefore does not have the capacity and resources to continue

6 its typical work while also advocating for LA County to protect the detained population

7 from COVID-19. On the organizing and advocacy side of the organization, the YJC has

8 only two full-time employees, along with part-time organizing apprenticeships for 11

9 people – most of whom are youth leaders in our LOBOS’ leadership program (Leading

10 Our Brothers and Sisters Out of the System). Since early March 2020, most of the YJC’s

11 employees and core members (except teachers and support staff in the high school) have

12 had to put their typical work on hold in order to focus on efforts to protect people in LA

13 County jails from COVID-19.

14

21. The YJC has a current organizing and advocacy budget for the 2019-2020

15 program year of $780,906. The YJC allocates a certain amount of money for each of its

16 campaigns, but does not have a separate budget or allocation of funds to work on

17 preventing COVID-19 in LA County jails. As a result, the YJC has had to divert money

18 from its other campaigns to work on the COVID-19 issues. Thus, work on the YJC’s

19 pre-existing campaigns has not only been reduced, but are now also under-funded.

20 Thousands of dollars have been diverted from other campaign work to respond to

21 COVID-19 organizing, advocacy, and support to people inside and their families.

22

22. If LA County does not implement measures to fully protect people detained

23 and incarceted within the county’s jail system from COVID-19, the YJC will be

24 / / /

25 / / /

26 / / /

27

28

8
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 13 of 17 Page ID #:506

1 irreparably harmed by having to continue to divert resources toward its advocacy for the 2 protection of prisoners in LA County jails, and this will make it more difficult for the 3 YJC to accomplish its mission. 4

5

I declare under penalty of perjury under the laws of the State of California and the

6 United States of America that the foregoing is true and correct.

7

8

Executed this 24th day of April 2020, in Los Angeles, California.

9

10

11

____________________________

12

Michael A. Saavedra

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

9
DECL. OF MICHAEL A. SAAVEDRA

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 14 of 17 Page ID #:507
Ex. B

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 15 of 17 Page ID #:508

1

DECLARATION OF ALEXIS STEPPLING

2

I, Alexis Steppling, declare that, if called upon to do so, I could and would

3 competently testify to the truth of the matters stated herein:

4

1. I am the Director of Campaigns and Policy for Dignity and Power Now

5 (“DPN”), a party to this action. I have been working for the organization since October

6 of 2018. I make this declaration in support of Plaintiffs’ Motion for a Temporary

7 Restraining Order and Preliminary Injunction.

8

2. DPN is a Los Angeles based 501(c)(3) grassroots organization founded in

9 2012 that fights for the dignity and power of all incarcerated people, their families, and

10 communities. Our work is grounded in the principles of abolition, healing justice, and

11 transformative justice. Our advocacy work focuses on establishing comprehensive and

12 effective civilian oversight of the Los Angeles County Sheriff’s Department and

13 allocating the money from Los Angeles County’s 3.5 billion dollar jail plan into mental

14 health diversion programs and community resources. Our health and wellness work

15 includes monthly pop-up arts and wellness events outside of Los Angeles County jails as

16 well as responding to families when their loved ones are harmed or killed by law

17 enforcement. Our leadership development work is through two programs: (1) Our

18 Forever Rooted program is a weekly leadership development program to expand and

19 develop leadership and participation in the organization of people who are formerly

20 incarcerated; and (2) Our Dandelions Rising Youth Leadership Institute is for young

21 people who are systems impacted.

22

Dignity and Power Now’s Diversion of Resources

23

3. DPN employs eleven staff members, ten of which are full time.

24

4. Four of our staff members on our policy and campaigns team are currently

25 diverting our resources, in terms of hours, to responding to the COVID-19 crisis in Los

26 Angeles County jails. Ordinarily, those staff members would be working on our

27 advocacy efforts to obtain civilian oversight of the Sheriff’s Department, to increase use

28 of diversion programs, and to increase mental health resources in the community.

STEPPLING DECL. ISO PETITIONER/PLTFS’

1

APPL. FOR PRELIM. INJUNCTION & TRO

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 16 of 17 Page ID #:509

1

5. All four of these staff members are fielding an increased number of calls

2 from people who are incarcerated and their families. People inside the jails have greatly

3 increased the amount that they reach out to us in order to gain information about

4 COVID-19, and to let us know about the conditions inside. We are using staff resources

5 to track the conditions and request of our members inside so that we can advocate for

6 their needs; we have also shifted our advocacy work from advocating for increased

7 civilian oversight to an urgent call on government officials to respond more quickly and

8 accountably to this crisis in the jails.

9

6. DPN has extensive partnerships throughout the country and as a result we

10 have been reached out to by many organizations who are putting together their demands

11 related to the appropriate public health measures that must be taken to respond to

12 COVID-19 in County jails. Our resources have gone towards helping draft demand

13 letters that have been sent to Congress, the United States Conference of Mayors, the

14 National Governors Association, the Federal Public Defenders, the National Sheriffs’

15 Association, Centers for Disease Control and Prevention, National District Attorney’s

16 Association, the Federal Communications Commission, the Los Angeles District

17 Attorney’s Office, Los Angeles County Public Defender, Los Angeles County Sheriff’s

18 Department, and the Los Angeles City Attorney’s Office. All of these efforts have a

19 specific focus on ensuring that local and national demands reflect the reality of what is

20 occurring in L.A. County jails and that the solutions will benefit those who are currently

21 incarcerated in our local jails.

22

7. Because of COVID-19 and the immediate crisis response our staff has been

23 engaged in, much of our long-term campaign work has been put to the side. Much of our

24 work focused on pretrial reform and preparing educational events and materials related

25 to the November election has been put to the side. Instead of overall budget advocacy to

26 meet our long-term needs, we have been engaged in budget advocacy related to

27 immediate budget needs to respond to COVID-19 in County jails. On March 10, 2020,

28 the County Board of Supervisors unanimously adopted the recommendations of the

STEPPLING DECL. ISO PETITIONER/PLTFS’

2

APPL. FOR PRELIM. INJUNCTION & TRO

Case 2:20-cv-03760-RGK-PLA Document 13-1 Filed 04/24/20 Page 17 of 17 Page ID #:510

1 alternatives to incarceration (ATI) workgroup, a workgroup that we were a big part of.

2 Our next step as DPN was to work on efforts to ensure long-term implementation of the

3 ATI recommendations. We have not been able to focus on the long-term ATI

4 recommendations at all because of the need to respond to COVID-19 issues.

5 Additionally, DPN had to halt our two leadership development programs, Forever

6 Rooted which is a weekly leadership development program to expand and develop

7 leadership and participation in the organization of people who are formerly incarcerated;

8 as well as our Dandelions Rising Youth Leadership Institute program for young people

9 who are systems impacted, in order to divert our resources, manpower and support as a

10 result of the pivotal need to respond to the COVID-19 issues. These programs are crucial

11 to the building of our base and to our mission as DPN, and we have not been able to

12 continue providing these much needed programs to the community.

13

8. If LA County does not implement measures to fully protect prisoners from

14 COVID-19, DPN will be irreparably harmed by having to continue to divert resources

15 toward its advocacy for the imminent protection of people incarcerated in LA County

16 jails, and this will make it more difficult for DPN to accomplish its mission.

17

18

I declare under penalty of perjury under the laws of the State of California and the

19 United States of America that the foregoing is true and correct.

20

Executed this 24th day of April 2020, in Los Angeles, California.

21

22

23

24

_______________________________

25

ALEXIS STEPPLING

26

27

28

STEPPLING DECL. ISO PETITIONER/PLTFS’

3

APPL. FOR PRELIM. INJUNCTION & TRO

Case 2:20-cv-03760-RGK-PLA Document 13-2 Filed 04/24/20 Page 1 of 4 Page ID #:511

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4

Shaleen Shanbhag SBN 301047 Hadsell Stormer Renick & Dai LLP

5 128 N. Fair Oaks Avenue

6

Pasadena, California 91103 Telephone: (626) 585-9600

7 Facsimile: (626) 577-7079

8 Barrett S. Litt, SBN 45527

9 blitt@kmbllaw.com

10

Lindsay Battles, SBN 262862 Kaye, McLane, Bednarski & Litt, LLP

11 975 East Green St.

12

Pasadena, California 91106 Telephone: (626) 844-7660

13 Facsimile: (626) 844-7670

14

15

Attorneys for Plaintiffs Other Counsel on Following Page

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18 Cullors, et al., individually and as 19 class representatives

20 21
vs. 22

Plaintiffs,

Case No. 20-cv-3760 DECLARATION OF BARRETT S. LITT IN SUPPORT OF EX PARTE APPLICATION

23 COUNTY OF LOS ANGELES, SHERIFF ALEX M VILLANUEVA,
24 in his official capacity, et al,

25 Defendants.
26

27

28

Case 2:20-cv-03760-RGK-PLA Document 13-2 Filed 04/24/20 Page 2 of 4 Page ID #:512

1 [Additional Counsel continued from previous page]

2

3

Alec Karakatsanis* Katherine C. Hubbard, Esq. [S.B. #302729]

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION

4 CIVIL RIGHTS CORPS

5

1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009

915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930

6 Telephone: (202) 894-6126

7

Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org

Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

8

katherine@civilrightscorps.org

9 Catherine Sweetser, SBN 271142

Andrea Woods, Esq.* AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor

10 Alicia Virani, SBN 281187

11

Aaron Littman, SBN 330283 UCLA LAW CLINICS

New York, NY 10004 Telephone: (212) 549-2528 Facsimile: (212) 607-3329

12 385 Charles E. Young Drive East

13

Los Angeles, CA 90095 (310) 825-9562

Email: awoods@aclu.org Peter J. Eliasberg, Esq. [S.B. #189110]

14 Email: csweetser@sshhlaw.com

15

virani@law.ucla.edu littman@law.ucla.edu

ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St. Los Angeles, CA 90017

16

Telephone: (213) 977-9500

17

Facsimile: (213) 977-5299 Email: peliasberg@aclu.sc.org

18

19

20

21

22

23

24

25

26

27

28 2

Case 2:20-cv-03760-RGK-PLA Document 13-2 Filed 04/24/20 Page 3 of 4 Page ID #:513

1

DECLARATION OF BARRET S. LITT

2

I, BARRETT S. LITT, declare:

3

1. I am an attorney licensed to practice in the State of California and admitted

4 to the bar of the United States District Court of the Central District of California, and a

5 partner at the firm Kaye, McLane, Bednarski & Litt, LLP. This declaration is submitted

6 in support of Plaintiffs’ Ex Parte Application For Temporary Restraining Order And

7 Motion For Preliminary Injunction. The facts set forth herein are within my personal

8 knowledge or knowledge gained from review of the pertinent documents. If called upon,

9 I could and would testify competently thereto.

10

2. I have arranged for the Complaint in this action to be filed at approximately

11 1 p.m. on April 24, 2020. I arranged for service of the Complaint, Summons, and other

12 initial papers upon Los Angeles County and Los Angeles County Sheriff Alex Villanueva

13 by delivery of those documents to 500 W. Temple Street, Room 383, Los Angeles, CA

14 90002. As soon as the Proof of Service is received by my office, I will file it with the

15 Court.

16

3. Pursuant to an agreement with the defendants, defense counsel Andrew

17 Baum has agreed that, on this occasion only due to the coronavirus, he will accept service

18 on behalf of the County of Los Angeles and Sheriff Alex Villanueva.

19

4. On Wednesday, April 22, I orally notified Andrew Baum, counsel for the

20 Defendants, that we would be filing this action in federal court and that we would be

21 seeking injunctive relief in the form of a TRO and Preliminary Injunction today, Friday,

22 April 24. This notice was given after pre-filing discussions made it clear that we could

23 not resolve the action prior to litigation. We discussed the response time of 24 hours, and

24 we advised Mr. Baum that, since he would have our filing three days before any response

25 from Defendants was due, that more than complied with the 24 hours response time. Mr.

26 Baum also requested an electronic set of the pleadings we file although he indicated he

27 could not agree to accept service without the agreement of his clients, which he did not

28 2

Case 2:20-cv-03760-RGK-PLA Document 13-2 Filed 04/24/20 Page 4 of 4 Page ID #:514

1 have. We went over the issues in dispute in our conversation on that date, as well as

2 previously on Monday, April 21. Attorney Dan Stormer was also present on both calls.

3

5. On Thursday, April 23 at approximately 2:00 p.m., I gave written notice to

4 Mr. Baum of our intent to proceed with our request for a TRO and Preliminary

5 Injunction, with the filing taking place today, April 24. As I indicated, we have agreed to

6 immediately provide Mr. Baum an electronic set of all papers we file in this action prior

7 to the time he appears of record.

8

6. Mr. Baum has indicated that Defendants intend to oppose the Application

9 for a TRO. In an email exchange on April 23, Mr. Baum requested that Plaintiffs agree to

10 extend the time for Defendants to respond to the TRO application beyond Monday April

11 27. I advised him that we could not do so in light of the urgency of the situation.

12

7. Pursuant to L.R. 7-19, the contact information for Defendants’ counsel is:

13 Andrew Baum, GLASER WEIL, 10250 Constellation Blvd., 19th Floor, Los Angeles,

14 CA 90067, T: 310.553.3000.

15

I declare under penalty of perjury that the foregoing is true and correct.

16

Executed on April 24, 2020, at Pasadena, California.

17

18

___________________________ Barrett S. Litt

19

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25

26

27

28 2

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 1 of 58 Page ID #:515

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4 Shaleen Shanbhag SBN 301047

5

Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Avenue

6 Pasadena, California 91103

7

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

8

9 Barrett S. Litt, SBN 45527 blitt@kmbllaw.com
10 Lindsay Battles, SBN 262862

11 Kaye, McLane, Bednarski & Litt, LLP

12

975 East Green St. Pasadena, California 91106

13 Telephone: (626) 844-7660

14 Facsimile: (626) 844-7670

15

16

Attorneys for Plaintiffs Other Counsel on Following Page

17

18

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

19 Cullors, et al., individually and as
20 class representatives

21

22

Plaintiffs,

Case No. 2:20-cv-03760 DECLARATION OF CARLOS FRANCO-PAREDES, M.D., M.P.H.

23 vs.

24 COUNTY OF LOS ANGELES, 25 SHERIFF ALEX M VILLANUEVA, 26 in his official capacity, et al,

27

Defendants.

28

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 2 of 58 Page ID #:516

1 [Additional Counsel continued from previous page]

2

3

Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

ACLU OF SOUTHERN

Katherine C. Hubbard, Esq. [S.B.

4 CALIFORNIA

#302729]

5 1313 W. 8th St.

6

Los Angeles, CA 90017 Telephone: (213) 977-9500

CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009

7 Facsimile: (213) 977-5299

Telephone: (202) 894-6126

8 Email: peliasberg@aclu.sc.org

Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org

9

katherine@civilrightscorps.org

10 Catherine Sweetser, SBN 271142 11 Alicia Virani, SBN 281187

12 Aaron Littman, SBN 330283

13

UCLA LAW CLINICS 385 Charles E. Young Drive East

14 Los Angeles, CA 90095

15

(310) 825-9562 Email: csweetser@sshhlaw.com

16

virani@law.ucla.edu

17

littman@law.ucla.edu

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

18 Andrea Woods, Esq.*

19 AMERICAN CIVIL LIBERTIES

20

UNION 125 Broad Street, 18th Floor

21 New York, NY 10004

22 Telephone: (212) 549-2528

23

Facsimile: (212) 607-3329 Email: awoods@aclu.org

24

25

26 27 *pro hac vice applications forthcoming

28

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 3 of 58 Page ID #:517

1

DECLARATION OF CARLOS FRANCO-PAREDES, M.D., M.P.H.

2

3

I, Carlos Franco-Paredes, M.D., M.P.H., declare under penalty of perjury

4 under the laws of the United States as follows:

5 OVERVIEW OF BACKGROUND AND SPECIALIZATIONS

6

1. My name is Dr. Carlos Franco-Paredes. I am an Associate Professor

7 of Medicine at the University of Colorado in the Department of Medicine, Division

8 of Infectious Diseases. I completed my internal medicine residency and infectious

9 diseases fellowship at Emory University School of Medicine. I am also the

10 Infectious Diseases Fellowship Program Director and supervise the training of

11 medical students, internal medicine residents, and infectious diseases fellows at the

12 University of Colorado, Anschutz Medical Center.

13

2. In addition, I hold a public health degree in global health from the

14 Rollins School of Public Health at Emory University with a concentration on the

15 dynamics of global infectious disease epidemics and pandemics.

16

3. From 2006 to 2009, I was a consultant with the World Health

17 Organization, Headquarters in Geneva, Switzerland where I participated in

18 developing the global action plan for influenza vaccine, guidelines for pandemic

19 influenza preparedness.

20

4. I have a certification of training in travel and tropical medicine, by the

21 International Society of Travel Medicine and the American Society of Tropical

22 Medicine and Hygiene, respectively.

23

5. As an infectious diseases clinician, I have twenty years of relevant

24 clinical experience. As part of this experience, I have participated in the medical

25 care of individuals detained at the Aurora, CO, Immigration Detention Facility and

26 I have performed medical second opinion evaluations for patients in the custody of

27 the Department of Homeland Security, Immigration and Customs Enforcement

28 (ICE). At my current academic institution, I have also provided direct care for

2

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 4 of 58 Page ID #:518

1 many patients in ICE custody or incarcerated settings including patients at Aurora

2 Contract Detention Facility (“Aurora facility”), who are living with HIV-infection

3 at my current academic institution.

4

6. Over the last six weeks, since the COVID-19 pandemic began

5 disseminating in the U.S., I have witnessed firsthand the impact of COVID-19 at

6 University of Colorado, Anschutz Medical Center, and have provided direct care to

7 54 patients with this infection. Many have required intensive care management and

8 mechanical ventilator support.

9

7. I present my Curriculum Vitae attached as Exhibit 2. I have written

10 and published many relevant scientific publications on the topics of infectious

11 diseases pandemics and epidemics, particularly in influenza. I have 198 scientific

12 publications in peer-reviewed scientific journals. I teach a class at the school of

13 medicine on caring for underserved populations including immigrants and

14 incarcerated populations and in best practices in global health. I have written a

15 textbook in infectious diseases.

16

17 FORMAL ANALYSIS

18

8. As an infectious disease clinician with a public health degree in the

19 dynamics of infectious disease epidemics and pandemics, I am concerned about the

20 inevitable spread of COVID-19 in jails, prisons, community corrections facilities,

21 and juvenile detention centers. The conditions in these facilities do not allow for

22 appropriate infection control protocols and will make the current COVID-19

23 pandemic worse. Incarcerated populations have higher rates of underlying illness

24 and, by extension, will have a higher case fatality rate. It is now clear that

25 asymptomatic individuals can spread this infection. With staff traveling between

26 their homes and the facilities, and newly arrested individuals brought in as others

27 are released, containment of the virus is not possible. Prisons and jails are

28 becoming the epicenter of COVID-19 transmission in the U.S. I can also certify

3

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 5 of 58 Page ID #:519

1 that incarcerated individuals have a higher prevalence of chronic medical

2 conditions that place them at high risk of developing severe coronavirus disease

3 and potentially dying from this infection. Some of these medical conditions include

4 HIV/AIDS, uncontrolled diabetes mellitus, chronic obstructive pulmonary disease,

5 and other conditions

6

9. Increasing Number of COVID-19 Cases and Deaths in the U.S. Every

7 U.S. state is dealing with COVID-19 cases and the number of deaths continue to

8 pile up. Since March 16, 2020, the epidemiologic curve demonstrates a logarithmic

9 increase in the number of cases with many major epicenters of transmission as it

10 has occurred in the Pacific Northwest, New York, New Jersey, Florida, California,

11 and Louisiana. As of today, there are approximately 856, 209 cases and 47,442

12 deaths demonstrating that community-based transmission clearly continues to

13 occuri.

14

10. The catastrophic consequences of the current COVID-19 pandemic

15 obeys to two major factors: (a) the transmissibility of this infection and (b) the

16 severity of the disease in human populations. As this is a rapidly spreading

17 pandemic, I would like to provide this addendum outlining advances in

18 understanding the impact of the pandemic globally and specifically in the U.S. It

19 is pivotal to incorporate these new facts into the pandemic response and the

20 increasing vulnerability of incarcerated persons. The current outbreak of the novel

21 coronavirus (SARS-Co-2) in different county jails and prisons in the U.S.

22 highlights the ease of transmission of COVID-19 behind walls of jails and prisons.

23 There is sufficient experience with this pandemic demonstrating that congested

24 living conditions facilitate the spread of this infection.

25

11. Jails and prisons are epicenters for infectious diseases because of the

26 unavoidable close contact in often overcrowded, poorly ventilated, and unsanitary

27 conditions. On April 14 the Bureau of Federal Prisons reported 446 cases among

28 inmates and 248 cases among employees in 42 facilities and 11 Residential

4

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 6 of 58 Page ID #:520

1 Reentry Centers (RRCs). However, by April 19, there were 495 cases among

2 inmates, 309 cases among staff, and 22 deaths distributed in 45 facilities and 19

3 RRCs. There are at least 1,300 confirmed cases of COVID-19 tied to prisons and

4 jails with at least 34 deaths when combining prisons and jails nationwide as per

5 different reports. The revolving door of jails have fueled an increasing number of

6 documented outbreaks in custodial institutions.

7

12. Detention and incarceration of any kind requires large groups of

8 people to be held together in a confined space and creates the worst type of setting

9 for curbing the spread of a highly contagious infection such as COVID-19.

10 Implementing CDC protocols to mitigate Covid-19 transmission is therefore not

11 sufficient unless social distancing is meaningfully implemented. These infection

12 prevention protocols include “social distancing” measures, where individuals

13 maintain a distance of at least six feet from each other, and frequent hand-washing

14 and other good hygiene practices. To contain the spread of the disease, these

15 protocols must be meticulously followed. These protocols apply to both

16 incarcerated and non-incarcerated individuals.

17

13. Reducing the inmate population so that social distancing becomes

18 possible remains the cornerstone of reducing the impact of these outbreaks. In a

19 carceral setting, social distancing protocols would require, for example, that

20 individuals sleep in cells instead of dormitories. Therefore, to the extent they

21 cannot be released, and census permitting, medically vulnerable individuals should

22 be housed in single-person cells to mitigate the risk of serious illness or death to

23 this population.

24

14. These protocols are necessary to prevent spread of COVID-19 among

25 otherwise healthy people. However, these protocols are imperative for high-risk

26 individuals. During the intake, a medical assessment is needed to identify those at

27 high-risk of complications to guide enforcement of social distancing interventions

28 such as placement in a cell instead of a dormitory. Additionally, persons with

5

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 7 of 58 Page ID #:521

1 comorbidities that place them at increased risk of severe disease and death should

2 be considered a priority group for testing for COVID-19. Unless social distancing

3 is achieved through reduction in the jail population, other measures to slow

4 transmission will not be sufficient.

5

15. LACJ is the largest county jail system in the United States. It is

6 comprised of four facilities – Men’s Central Jail (“MCJ”), Century Regional

7 Detention Facility (“CRDF”) (the women’s jail), Twin Towers and Pitchess

8 Detention Center, which is comprised of four different facilities including the

9 North County Correctional Facility (“NCCF”). As shown in custodial settings in

10 Ohio, the rate of asymptomatic and symptomatic infection in an enclosed jail

11 environment could reach up to 70% (with more than 20% asymptomatic infection).

12 Therefore, there is an urgent need to expand testing capabilities within L.A.

13 County Jail System to interrupt transmission and establish appropriate isolation

14 and quarantine interventions.

15

16. Particularly in the absence of universal testing within the L.A. County

16 Jail system, it is my professional opinion that expanding testing capabilities will

17 improve isolation and quarantine strategies. Consistent with CDC guidelines, 14-

18 day quarantine should be used for: a) asymptomatic individuals exposed to a case

19 to guide quarantine practices; and, b) new arrestees and bookings. Medical

20 isolation practices should be implemented for those with symptoms consistent with

21 COVID-19 regardless of having any underlying comorbidity to develop severe

22 disease. New admittees are especially crucial to consider given the fact that

23 despite having excellent infection control practices, suggested social distancing

24 interventions, keeping the door open for new introductions may only flatten the

25 epidemiologic curve but will not definitively halt the occurrence of new cases

26 within the L.A. County Jail System.

27

28

6

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 8 of 58 Page ID #:522

1

17. Within the LA. County system, those with symptoms consistent with

2 COVID-19 should undergo a clinical assessment including testing for the presence

3 of the novel coronavirus SARS-CoV-2 in nasopharynx. The sensitivity of this test

4 depending on the assay varies between 75-85%. Those who test positive should be

5 placed in isolation (as should persons with symptoms consistent with COVID-19

6 pending test results). Those with a negative test should be placed in quarantine

7 with close clinical monitoring and if indicated repeat testing.

8

18. Cohorting of those exposed to a case may spread further this infection

9 if not done properly. Groups of low-risk, asymptomatic exposed persons can be

10 quarantined as a cohort; cohorting should not be used for symptomatic/presumed

11 positive persons (where no laboratory test has confirmed positive status). Presumed

12 positive individuals should be medically isolated consistent with CDC guidelines.

13 The number of private rooms in a L.A. County Jail system is insufficient to comply

14 with the recommended social distancing.

15

19. Another important consideration that complicates disinfection and

16 decontamination practices is the ability of this novel coronavirus to survive for

17 extended periods of time on materials that are highly prevalent in secure settings,

18 such as metals and other non-porous surfaces. Current outbreak protocols require

19 frequent disinfection and decontamination of all surfaces of the facility, which is

20 exceedingly difficult given the large number of incarcerated individuals, frequent

21 interactions between incarcerated individuals and staff, and regularity with which

22 staff move in and out of each facility.

23

20. Again, it is critical to understand that even asymptomatic individuals

24 can spread virus to others. Therefore, merely screening those with symptoms is

25 inadequate to keep COVID-19 out of L.A. County Jail System.

26

21. Responding to outbreaks in L.A. County Jail System calls for highly

27 trained staff to correctly institute and enforce isolation and quarantine procedures

28 and have training on the appropriate utilization of personal protective equipment. It

7

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 9 of 58 Page ID #:523

1 is essential that nursing and medical staff be trained in infection control practices,

2 implementing triage protocols, and the medical management of suspected,

3 probable and confirmed cases of coronavirus infection. These same personnel

4 would have to initiate the management of those with severe disease and not be

5 working in different units. Since these are closed facilities, the number of exposed,

6 infected, and ill individuals may rapidly overwhelm staff and resources. As a

7 result, many patients would need transfer to hospitals near these facilities, likely

8 overwhelming the surrounding healthcare systems, which are already functioning

9 at full capacity caring for the general non-incarcerated community.

10

22. Likely Outcome if COVID-19 Spreads in the LA County Jail System.

11 Given the high population density of L.A. County Jail System and the ease of

12 transmission of this viral pathogen, the infection rate will be exponential if even a

13 single person, with or without symptoms, that is shedding the virus enters a

14 facility. For every person with the virus, they will infect more than 2 other people –

15 whether they be incarcerated individuals or staff. Of those infected, one-fifth will

16 get so ill that they require hospital admission, and about 10% will develop severe

17 disease requiring treatment only available in the intensive care unit. To illustrate

18 the magnitude of this threat, a jail or prison that holds 1000 individuals can

19 anticipate that between 200 to 300 individuals may acquire the infection. Of these,

20 80 to 100 individuals may develop severe disease requiring admission to the

21 hospital, potentially to an intensive care unit. Of these, 8 to 10 individuals may die

22 from multiorgan failure precipitated by the infection. Medical care for cases of

23 COVID-19 may involve large human and financial costs.

24

23. Risk minimization through release from the L.A. Jail County System.

25 Reducing the number of incarcerated individuals in the L.A. system is necessary

26 for effective infection control and sanitization practices that could dramatically

27 reduce the burden COVID-19 will inevitably place on our health system. Urgent

28 action is needed given the predicted shortage of medical supplies such as personal

8

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 10 of 58 Page ID #:524

1 protective equipment, shortage of staff as medical personnel become ill

2 themselves, and limited life-saving resources such as ventilators.

3 Medically Vulnerable Individuals:

4

24. People who are considered at high risk of severe illness and death

5 should they be infected with the coronavirus include the following:

6

 People age 55 or older

7

 Anyone diagnosed with cancer, autoimmune disease (including lupus,

8

rheumatoid arthritis, psoriasis, Sjogren’s, Crohn’s), chronic lung

9

disease (including asthma, COPD, bronchiectasis, idiopathic

10

pulmonary fibrosis), history of cardiovascular disease (MI), chronic

11

arthritis (rheumatoid, psoriatic), chronic liver or kidney disease,

12

diabetes, hypertension, heart failure, HIV, on chronic steroids or other

13

immunosuppressant medications for chronic conditions

14

 People with a history of smoking or other substance use disorders

15

 Severe obesity.

16

 Pregnant women.

17

25. For people in the highest risk populations, the fatality rate of

18 COVID-19 infection is about 15 percent. The clinical experience in China, South

19 Korea, Italy and Spain has shown that 80% of confirmed cases tend to occur in

20 persons 30-69 years of age regardless of having any underlying medical

21 conditions. Of these, 20% develop severe clinical manifestations or become

22 critically ill. Among those with severe clinical manifestations regardless of their

23 age or underlying medical conditions, progress to respiratory failure, septic shock,

24 and multiorgan dysfunction requiring intensive care support including the use of

25 mechanical ventilator support. The overall case fatality rate is 10-14% of those

26 who develop severe disease. In China, 80% of deaths occurred among adults > 60

27 yearsc.

28

9

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 11 of 58 Page ID #:525

1

26. There is growing number of confirmed cases in the U.S., increasing

2 number of hospitalizations and admissions to intensive care units, and many

3 deaths. In this wave of the pandemic or in subsequent ones, it is likely the number

4 of infected individuals will continue to augment. In the closed-settings of prisons

5 and jails, where there is overcrowding and confinement of a large number of

6 persons, networks of transmission become highly conducive to spread rapidly.

7

27. Preliminary data from China showed that 20 percent of people in

8 high-risk categories who have contracted COVID-19 there have died. Reports

9 by the Chinese CDC, demonstrates that the case fatality rate is highest among

10 critical cases in the high-risk categories with COVID at 49%f. case fatality was

11 higher for patients with comorbidities: 10.5% for those with cardiovascular

12 disease, 7% for diabetes, and 6% each for chronic respiratory disease,

13 hypertension, and cancer. Case fatality for patients who developed respiratory

14 failure, septic shock, or multiple organ dysfunction was 49%b.

15

28. For people with these risk factors, COVID-19 can severely

16 damage lung tissue, which requires an extensive period of rehabilitation, and

17 in some cases, can cause a permanent loss of respiratory capacity. There is

18 preliminary evidence that persons with COVID-19 and recovering from severe

19 disease and whom developed extensive pulmonary disease including Acute

20 Respiratory Distress Syndrome (ARDS)g may have long-term sequelae similar to

21 other infectious pathogens evolving in a similar pattern. Long term sequelae of

22 those with sepsis, ARDS and respiratory failure identified in the literature include

23 long-term cognitive impairment, psychological morbidities, neuromuscular

24 weakness, pulmonary dysfunction, and ongoing healthcare utilization with reduced

25 quality of lifeh and need for rehabilitation servicesi.

26

29. COVID-19 may also target the heart muscle, causing a medical

27 condition called myocarditis, or inflammation of the heart muscle.

28 Myocarditis can affect the heart muscle and electrical system, reducing the

10

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 12 of 58 Page ID #:526

1 heart’s ability to pump. This reduction can lead to rapid or abnormal heart

2 rhythms in the short term, and long-term heart failure that limits exercise

3 tolerance and the ability to work.

4

30. The full description of the pathogenesis of COVID-19 requires to be

5 completely elucidated. However, there is clinical evidence that in addition to the

6 severe lung injury associated to this viral infection, some persons may also develop

7 myocardial involvement that appears to be the result of either direct viral infection

8 or caused the immune response to SARS-CoV-2. From the published case reports,

9 myocarditis caused by this viral pathogen is associated with congestive heart

10 failure, cardiac arrhythmias and deathj. Similar to other viral myocarditis, most

11 patients may develop long-term myocardial damagek.

12

31. Emerging evidence also suggests that COVID-19 can trigger an

13 over-response of the immune system, further damaging tissues in a cytokine

14 release syndrome that can result in widespread damage to other organs,

15 including permanent injury to the kidneys and neurologic injury. These

16 complications can manifest at an alarming pace. Among persons infected with

17 SARS-CoV-2 and developing COVID-19 severe disease systemic inflammation is

18 associated with adverse outcomesl. However, there is evidence that the use of

19 corticosteroids have not shown benefit and they might be more likely to harm

20 when administered in persons with ARDS caused by COVID-19m. Similar to

21 influenza infection, acute lung injury and acute respiratory distress syndrome are

22 most likely caused by the respiratory epithelial membrane dysfunction leading to

23 acute respiratory distress syndromel,n. Preliminary evidence from case reports and

24 small cases series from China and South Korea confirm that there is minimal

25 inflammation and evidence of cell necrosis in the form of apoptosis of the

26 respiratory epitheliumo. The resultant tissue hypoxia is responsible and potential

27 concomitant bacterial sepsis contribute to multiorgan dysfunction and death. If a

28 patient with COVID-19 develops myocarditis, cardiogenic shock caused by

11

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 13 of 58 Page ID #:527

1 fulminant myocarditis may also contribute to the overall occurrence of multiple

2 organ failurek.

3

4 OPINION

5

There is an outbreak of COVID-19 in the L.A. County Jail System since

6 there more case of this viral infection than expected in a given period. These

7 facilities are not designed to contain the spread of a highly contagious disease or to

8 treat those with significant illness. It is likely that there will be high numbers of ill

9 incarcerated individuals, as well as the staff critical to these facilities. The broader

10 health system in L.A. does not have the capacity to handle a wave of critically ill

11 patients coming from this jail system in addition to the ongoing community

12 outbreak. Improving mitigation strategies to reduce exposure to the novel

13 coronavirus by social distancing, improving hygiene (disinfection and

14 decontamination of surfaces), and testing capabilities to guide isolation and

15 quarantine procedures is instrumental to interrupt transmission within facilities of

16 the L.A. County Jail system. Additionally, it is my professional opinion that the

17 prompt release of individuals with medical conditions at risk of severe disease and

18 death due to coronavirus infection, and prompt reduction in incarcerated

19 populations in this system overall, is necessary to reduce the impact of the ongoing

20 outbreak.

21

22 DOCUMENTS REVIEWED FOR THIS DECLARATION

23 Declarations:

24 1. DeNeal Young.

25 2. Holly Davidson

26 3. Jeffrey Livotto

27 4. Jeremiah Farmer

28 5. Jessica Haviland

12

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 14 of 58 Page ID #:528

1 6. Leandrew Lewis

2 7. Rany Uong

3 8. Joe Goldenson

4 9. Catrina Balderrama

5 10.Andrew Fuentes

6 Scientific References:

7 1. Walmsley R. World Prison Population List. 11th ed. London, UK:

8

International Centre for Prison Studies, Kings College; 2016. Available at:

9

https://www.prisonstudies.org/sites/default/files/resources/downloads/world

10

_prison_population_list_11th_edition_0.pdf. Accessed: April 12, 2020.

11 2. Herivel T, Wright P. Prison profiteers. Who makes money from mass

12

incarceration? The New Press, New York, NY, U.S.A. 2007New York

13

Lawyers for the Public Interest. Detained and denied healthcare access in

14

immigration detention.

15 3. Kinner SA, Young JT. Understanding and improving the health of people

16

who experience incarceration: An overview and synthesis. Epidemiol Rev

17

2018; 40: 4-11.

18 4. Prison Policy Initiative. Available at:

19

https://www.prisonpolicy.org/reports/pie2020.html. Accessed: April 11,

20

2020.

21 5. Harding DJ, Morenoff JD, Nguyen AP, Bushway SD, Binswanger IA. A

22

natural experiment study of the effects of imprisonment on violence in the

23

community. Nat Hum Behav 2019; 3(7): 671-77.

24 6. Harding DJ. Do prisons makes us safer. Sci Am 2019. Available at:

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non-Hispanic Americans in the 21st century. Proc Natl Acad Sci USA 2015;

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112 (49): 15078-83.

4 8. Berger ZD, Goldberg DS. Caught in the web – U.S. immigration and

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compound disadvantage. N Engl J Med 2019; 381(11): 993-995Harding DJ,

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9 9. Harding DJ, Morenoff JD, Herbert CW. Home is hard to find: neighborhood,

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12 10.CDC-Interim Clinical Guidance for Management of Patients with Confirmed

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16 11.Johns Hopkins University. Coronavirus Resource Center Available at:

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18 12.The New York Times. Coronavirus in the U.S.: Latest map and case count –

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cases.html?referringSource=articleShare. Accessed: April 12, 2020.

22 13.Fauci AS. Infectious diseases: considerations for the 21st century. Clin Infect

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Dis 2001; 32: 675-85.

24 14.Finnie TJR, Copley VR, Hall IM, Leach S. An analysis of influenza

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1 15.Chao W-C, Liu P-Y, Wu C-L. Control of an H1N1 outbreak in a

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correctional facility in central Taiwan. J Microbiol Immunol Infect 2017; 50:

3

175-182.

4 16.Dolan K, Wirtz AL, Moazen B, Ndeffo-Mbah M, Galvani A, Kinner SA,

5

Courtney R, McKee M, Amon JJ, Maher L, Hellard M, Beyrer C, Altice FL.

6

Global burden of HIV, viral hepatitis, and tuberculosis in prisoners and

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detainees. Lancet 2016; 388 (10049): 1089-1102.

8 17.Prisons and custodial settings are part of a comprehensive response to

9

COVID-19. Lancet Public Health 2020; 5(4): e188-e189.

10 18.CDC. Interim guidance on management of coronavirus disease 2019

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(COVID-19) in correctional and detention facilities. Available at:

12

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-

13

detention/guidance-correctional-detention.html. Accessed: April 12, 2020.

14 19.Van Doremalen N, Bushmaker T, Morris DH, Holbrook MG, Gamble A,

15

Williamson BN, Tamin A, Harcourt JL, Thornburg NJ, Gerber SI, Lloyd-

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Smith JO, de Wit E, Munster VJ. Aerosol and surface stability of SARS-

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CoV-2 as compared with SARS-CoV-1. N Engl J Med 2020; Mar 17. doi:

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10.1056/NEJMc2004973.

19 20.Mizumoto K, Chowell G. Transmission potential of the novel coronavirus

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(COVID-19) onboard the diamond Princess Cruises Ship, 2020. Infect Dis

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Modelling 2020; 5: 264-270.

22 21.Mizumoto K, Kagaya K, Zarebski A, Chowell G. Estimating the

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asymptomatic proportion of coronavirus disease 2019 (COVID-19) cases on

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board the diamond Princess cruise ship, Yokohama, Japan, 2020. Euro

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Surveill 2020; 25 (10). doi: 10.2807/1560-7917.ES.2020.25.10.2000180.

26 22.Sanche S, Lin YT, Xu C, Romero-Severson E, Hengartner N, Ke R. High

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contagiousness and rapid spread of severe acute respiratory syndrome

28

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coronavirus 2. Emerg Infect Dis. 2020 Jul

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https://doi.org/10.3201/eid2607.200282.

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2019 Novel Coronavirus. Lessons from previous pandemics. JAMA 2020;

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323(12): 1129-30.

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9 25.Thompson R. Pandemic potential of 2019-nCoV.Lancet Infect Dis 2020; 20

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March 20; doi.org/10.1016/S1473-3099 (20)30068-2.

11 26.Li R, Pei S, Chen B, Song , Zhang T, Shaman J. Substantial undocumented

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CoV2). Science 10.1126/scienceabb3221 (2020).

14 27.Crux. Brazil’s Church leaders warn about a threat to prisoners posed by

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COVID-19.https://cruxnow.com/church-in-the-americas/2020/04/brazils-

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church-leaders-warn-about-threat-to-prisoners-posed-by-covid-19/. April 4,

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2020. Accessed: April 12, 2020.

18 28.India Today. Coronavirus: India’s packed prisons raise COVID-19 alarm.

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coronavirus-alarm-1661136-2020-03-30. March 30, 2020. Accessed: April

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12, 2020.

22 29.World Prisons Brief. COVID-19 in prisons: a major public health risk.

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https://www.prisonstudies.org/news/covid-19-prisons-%E2%80%93-major-

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public-health-risk. Accessed: April 12, 2020.

25 30.Federal Bureau of Prisons. Available at: https://www.bop.gov/coronavirus/.

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Accessed: April 12, 2020.

27 31.New York Times. Chicago’s jail is top U.S. hot spot as virus spreads behind

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bars. April 8, 2020. Available at:

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2

chicago.html. Accessed: April 12, 2020.

3 32.Cabral J, Cuevas AG. Health inequities among Latinos/Hispanics:

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documentation status as a determinant of health. J Racial Ethnic Health Disp

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2020; Feb 5. doi: 10.1007/s40615-020-00710-0.

6 33.Gransky M, Keller A, Venters H. Death rates among detained immigrants in

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the United States. In J Environ Res Public health 2015; 12, 14414-14419.

8 34.Farmer PE, Nizeye B, Stulac S, Keshavjee S. Structural violence and clinical

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medicine. PLoS Med 2006; 3(10); e449.

10 35.Hotez PJ. Neglected infections of poverty in the United States of America.

11

PLoS Negl Trop Dis 2008; 2(6): e256.

12 36.Franco-Paredes C, Santos-Preciado JI. Freedom, justice, and the Neglected

13

Tropical Diseases. PLoS Negl Trop Dis 2011; 8: e1235.

14 37.The Guardian. Data form US south shows African Americans hit hardest by

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COVID-19. https://www.theguardian.com/world/2020/apr/08/black-

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americans-coronavirus-us-south-data. Accessed: April 12, 2020.

17 38.MMWR. COVID-19 in a Long-Term Care Facility — King County,

18

Washington, February 27–March 9, 2020; March 27, 2020: 69(12): 339-342.

19

20 I declare under penalty of perjury that the statements above are true and correct

21 to the best of my knowledge.

22

Date: April 24, 2020

23

24

______________________________

25

Carlos Franco-Paredes, MD, MPH, DTMH (Gorgas)

26

Associate Professor of Medicine

27

28

17

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 19 of 58 Page ID #:533

1

EXHIBIT A.

2

3 PERSONAL INFORMATION

4 Carlos Franco-Paredes, M.D., M.P.H.

5

6 CURRENT PROFESSIONAL POSITION AND ACTIVITIES:

7  Associate Professor of Medicine, Division of Infectious Diseases, University

8

of Colorado Denver School of Medicine, Anschutz Medical Campus and

9

Infectious Diseases (July 2018 - ongoing).

10  Fellowship Program Director, Division of Infectious Diseases, University of

11

Colorado Denver School of Medicine, Anschutz Medical Campus (March

12

2019- ongoing).

13

14 EDUCATION

15

1989 -1995 M.D. - La Salle University School of Medicine, Mexico City,

16

Mexico

17

1996-1999 Internship and Residency in Internal Medicine, Emory

18

University School of Medicine Affiliated Hospitals, Atlanta,

19

GA

20

1999-2002 Fellowship in Infectious Diseases, Emory University School of

21

Medicine Affiliated Hospitals, Atlanta, GA

22

1999-2002 Fellow in AIDS International Training and Research Program,

23

NIH Fogarty Institute, Rollins School of Public Health, Emory

24

University, Atlanta, GA

25

1999 - 2002 Masters Degree in Public Health (M.P.H.) Rollins School of

26

Public Health, Emory University, Atlanta, GA, Global Health

27

Track

28

18

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 20 of 58 Page ID #:534

1

2001-2002 Chief Medical Resident, Grady Memorial Hospital, Emory

2

University School of Medicine, Atlanta, GA

3

2006

Diploma Course in Tropical Medicine, Gorgas. University of

4

Alabama, Birmingham and Universidad Cayetano Heredia,

5

Lima Peru

6

7 CERTIFICATIONS

8

1999-Present Diplomat in Internal Medicine American Board of

9

Internal Medicine

10

(Recertification 11/2010-11/2020)

11

2001-present

Diplomat in Infectious Diseases, American Board of

12

Internal Medicine, Infectious Diseases Subspecialty

13

(Recertification 04/2011-04/2021)

14

2005-present

Travel Medicine Certification by the International

15

Society of Travel Medicine

16

2007-present Tropical Medicine Certification by the American Society

17

of Tropical Medicine – Diploma in Tropical Medicine

18

and Hygiene

19

(DTMH - Gorgas)

20

21 EMPLOYMENT HISTORY:

22

 2002 - 2004 - Advisor to the Director of the National Center for Child

23

and Adolescent Health and of the National Immunization Council

24

(NIP), Ministry of Health Mexico; my activities included critical

25

review of current national health plans on vaccination, infectious

26

diseases, soil-transmitted helminthic control programs; meningococcal

27

disease outbreaks in the jail system, an outbreak of imported measles

28

in 2003-2004 and bioterrorism and influenza pandemic preparedness.

19

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 21 of 58 Page ID #:535

1

I represented the NIP at meetings of the Global Health Security

2

Action Group preparation of National preparedness and response

3

plans for Mexico

4

 2005 – 2011- Co-Director Travel Well Clinic, Emory University

5

Emory Midtown Hospital

6

 2004- 8/2009 -Assistant Professor of Medicine

7

Department of Medicine, Division of Infectious Diseases

8

Emory University School of Medicine, Atlanta GA

9

 3/2008-10/2009 Consultant WHO, HQ, Geneva, Influenza Vaccine

10

 9/2009- 3/2011 Associate Professor of Medicine

11

Department of Medicine, Division of Infectious Diseases

12

Emory University School of Medicine, Atlanta GA

13

 1/2007 – 3/2011 Assistant Professor of Public Health

14

Hubert Department of Global Health

15

Rollins School of Public Health, Emory University, Atlanta GA

16

 4/2011 –5/2013 - Associate Professor of Public Health in Global

17

Health

18

Hubert Department of Global Health

19

Rollins School of Public Health, Emory University, Atlanta GA

20

 2010 - WHO HQ Consultant for a 4-month-period on the Deployment

21

of H1N1 influenza vaccine in the African Region, Jan to March 2010,

22

Switzerland Geneva, WHO HQ 2010 sponsored by John Snow Inc.

23

USAID, Washington, D.C.

24

 2014-2015 - Consultant International Association of Immunization

25

Managers, Regional Meeting of the Middle Eastern and North African

26

Countries and Sub Saharan Africa, held in Durban South Africa, Sept

27

2014; and as rapporteur of the Inaugural Conference, 3-4 March 2015,

28

Istanbul, Turkey.

20

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 22 of 58 Page ID #:536

1

 3/2011- 5/2017 - Phoebe Physician Group –Infectious Diseases

2

Clinician Phoebe Putney Memorial Hospital, Albany, GA.

3

 5/2015 - 9/2015 - Consultant Surveillance of Enteric Fever in Asia

4

(Pakistan, Indonesia, Bangladesh, Nepal, India) March 2015-October

5

2015.

6

 June 19, 2017-June 31, 2018–Visiting Associate Professor of

7

Medicine, Division of Infectious Diseases, University of Colorado

8

Denver, Anschutz Medical Campus

9

 June 2004- present - Adjunct Professor of Pediatrics, Division of

10

Clinical Research, Hospital Infantil de México, Federico Gómez,

11

México City, México. Investigador Nacional Nivel II, Sistema

12

Nacional de Investigadores (12/2019); SNI III Sistema Nacional de

13

Investigadores (1/2020-); Investigador Clínico Nivel E, Sistema

14

Nacional de Hospitales

15

16 HONORS AND AWARDS

17

I. 1995 TOP GRADUATING STUDENT, LA SALLE SCHOOL

18

OF MEDICINE

19

1997 Award for Academic Excellence in Internal Medicine, EUSM

20

1999 Alpha Omega Alpha (AOA) House staff Officer, EUSM

21

2002 Pillar of Excellence Award. Fulton County Department of

22

Health and Wellness Communicable Disease Prevention

23

Branch, Atlanta GA

24

2002 Emory University Humanitarian Award for extraordinary

25

service in Leadership Betterment of the Human Condition the

26

Emory University Rollins School of Public Health

27

2002 Winner of the Essay Contest on the Health of Developing

28

Countries:

21

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 23 of 58 Page ID #:537

1

Causes and Effects in Relation to Economics or Law, sponsored

2

by the Center for International Development at Harvard

3

University and the World Health Organization Commission on

4

Macroeconomics Health with the essay "Infectious Diseases,

5

Non-zero Sum Thinking and the Developing World”

6

2002 “James W. Alley” Award for Outstanding Service to

7

Disadvantaged Populations, Rollins School of Public Health of

8

Emory University May 2002. Received during Commencement

9

Ceremony Graduation to obtain the Degree of Masters in Public

10

Health

11

2006 Golden Apple Award for Excellence in Teaching, Emory

12

University, School of Med

13

2006 Best Conference Award Conference, “Juha Kokko” Best

14

Conference Department of Medicine, EUSM

15

2007 “Jack Shulman” Award Infectious Disease fellowship,

16

Excellence in Teaching Award, Division of Infectious Diseases,

17

EUSM

18

2007 Emerging Threats in Public Health: Pandemic Influenza CD-

19

ROM, APHA’s Public Health Education and Health Promotion

20

Section, Annual Public Health Materials Contest award

21

2009 National Center for Preparedness, Detection, and Control of

22

Infectious Diseases. Honor Award Certificate for an exemplary

23

partnership in clinical and epidemiologic monitoring of illness

24

related to international travel. NCPDCID Recognition Awards

25

Ceremony, April 2009. CDC, Atlanta, GA

26

2012 The ISTM Awards Committee, directed by Prof. Herbert

27

DuPont, selected the article "Rethinking typhoid fever

28

22

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 24 of 58 Page ID #:538

1

vaccines" in the Journal of Travel Medicine (Best Review

2

Article)

3

2012 Best Clinical Teacher. Albany Family Medicine Residency

4

Program

5

2018 Outstanding Educator Award – Infectious Diseases Fellowship,

6

Division of Infectious Diseases, University of Colorado,

7

Anschutz Medical Center, Aurora Colorado

8

9 EDITORSHIP AND EDITORIAL BOARDS

10 2007-Present Deputy/Associate Editor PLoS Neglected Tropical Disease

11

Public Library of Science

12 2017-2018

Deputy Editor, Annals of Clinical Microbiology and

13

Antimicrobials BMC

14 2007-2019

Core Faculty International AIDS Society-USA -Travel and

15

Tropical Medicine/HIV/AIDS

16

17 INTERNATIONAL COMMITTEES

18 2018- Member of the Examination Committee of the International Society of

19

Travel Medicine. Developing Examination Questions and Proctoring the

20

Certificate in Traveler’s Health Examination

21

Proctor Certificate of Traveler’s Health Examination (CTH) as part of the

22

International Society of Travel Medicine– 12th Asia-Pacific Travel Health

23

Conference, Thailand 21-24 March 2019

24

Proctor Certificate of Traveler’s Health Examination (CTH), Atlanta, GA,

25

September, 2019

26

27 PRESENTATIONS AT NATIONAL/INTERNATIONAL MEETINGS

28 2017- Meeting of the Colombian Society of Infectious Diseases, August 2017:

23

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 25 of 58 Page ID #:539
1 Discussion of Clinical Cases Session, Influenza, MERS-Coronavirus, Leprosy, 2 Enteric Fever 3 2018 – Cutaneous Mycobacterial Diseases, Universidad Cayetano Heredia, 4 Lima, Peru, Mayo 2018 5 2018 – Scientific Writing Seminar, ACIN, Pereira, Colombia, August 2-4, 2018 6 2019 – First International Congress of Tropical Diseases ACINTROP 2019. March 7 21, 2019, Monteria, Colombia, Topic: Leishmaniasis 8 2019 – One Health Symposium of Zoonoses, Pereira Colombia, August 16-17, 9 2019, Topic: Zoonotic Leprosy 10 2019 – Congress Colombian Association of Infectious Diseases (ACIN), Topic: 11 Leprosy in Latin America, Cartagena, Colombia, August 21-24, 2019 12 2019 – World Society Pediatric Infectious Diseases, Manila Philippines, November 13 7-9, 2019 - Tropical Medicine Symposium: Diagnosis, Treatment, and Prevention 14 of Leprosy. 15 2019 – FLAP. Federacion Latino Americana de Parasitologia, Panama, Panama, 16 November 26, 2019, Oral Transmission of Leprosy Symposium 17 2019 – FLAP. Federacion Latino Americana de Parasitologia, Panama, Panama, 18 November 27, 2019, Leprosy Situation in the Americas. 19 20 21 PUBLICATIONS 22 BOOKS 23 Franco-Paredes C, Santos-Preciado JI. Neglected Tropical Diseases in Latin 24 America and the Caribbean, Springer-Verlag, 2015. ISBN-13: 978-3709114216 25 ISBN-10: 3709114217 26 Franco-Paredes C. Core Concepts in Clinical Infectious Diseases, Academic 27 Press, Elsevier, March 2016. ISBN: 978-0-12-804423-0 28
24

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 26 of 58 Page ID #:540
1 2 RESEARCH ORIGINAL ARTICLES (clinical, basic science, other) in 3 refereed journals: 4 1. Del Rio C, Franco-Paredes C, Duffus W, Barragan M, Hicks G. Routinely 5 Recommending HIV Testing at a Large Urban Urgent-Care Clinic – Atlanta, GA. 6 MMWR Morbid Mortal Wkly Rep 2001; 50:538-541. 7 2. Del Rio C, Barragán M, Franco-Paredes C. Pneumocystis carinii Pneumonia. 8 N Engl J Med 2004; 351:1262-1263. 9 3. Barragan M, Hicks G, Williams M, Franco-Paredes C, Duffus W, Del Rio C. 10 Health Literacy is Associated with HIV Test Acceptance. J Gen Intern Med 2005; 11 20:422-425. 12 4. Rodriguez-Morales A, Arria M, Rojas-Mirabal J, Borges E, Benitez J, Herrera 13 M, Villalobos C, Maldonado A, Rubio N, Franco-Paredes C. Lepidopterism Due 14 to the Exposure of the Moth Hylesia metabus in Northeastern Venezuela. Am J 15 Trop Med Hyg 2005; 73:991-993. 16 5. Rodriguez-Morales A, Sánchez E, Arria M, Vargas M, Piccolo C, Colina R, 17 Franco-Paredes C. White Blood Cell Counts in Plasmodium vivax. J Infect Dis 18 2005; 192:1675-1676. 19 6. Franco-Paredes C, Nicolls D, Dismukes R, Kozarsky P. Persistent Tropical 20 Infectious Diseases among Sudanese Refugees Living in the US. Am J Trop Med 21 Hyg 2005; 73: 1. 22 7. Osorio-Pinzon J, Moncada L, Franco-Paredes C. Role of Ivermectin in the 23 Treatment of Severe Orbital Myiasis Due to Cochliomyia hominivorax. Clin 24 Infect Dis 2006; 3: e57-9. 25 8. Rodriguez-Morales A, Franco-Paredes C. Impact of Plasmodium vivax 26 Malaria during Pregnancy in Northeastern Venezuela. Am J Trop Med Hyg 2006; 27 74:273-277. 28
25

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 27 of 58 Page ID #:541
1 9. Rodriguez-Morales A, Nestor P, Arria M, Franco-Paredes C. Impact of 2 Imported Malaria on the Burden of Malaria in Northeastern Venezuela. J Travel 3 Med 2006; 13:15-20. 4 10. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, 5 Franco-Paredes C. Is anemia in Plasmodium vivax More Severe and More 6 Frequent than in Plasmodium falciparum? Am J Med 2006; 119:e9-10. 7 11. Hicks G, Barragan M, Franco-Paredes C, Williams MV, del Rio C. Health 8 Literacy is a Predictor of HIV Knowledge. Fam Med J 2006; 10:717-723. 9 12. Cardenas R, Sandoval C, Rodriguez-Morales A, Franco-Paredes C. Impact of 10 Climate Variability in the Occurrence of Leishmaniasis in Northeastern Colombia. 11 Am J Trop Med Hyg 2006; 75:273-7. 12 13. Franco-Paredes C, Nicolls D, Dismukes R, Wilson M, Jones D, Workowski 13 K, Kozarsky P. Persistent and Untreated Tropical Infectious Diseases among 14 Sudanese Refugees in the US. Am J Trop Med Hyg 2007; 77:633-635. 15 14. Rodríguez-Morales AJ, Sanchez E, Arria M, Vargas M, Piccolo C, Colina R, 16 Franco-Paredes C. Hemoglobin and haematocrit: The Threefold Conversion is 17 also Non Valid for Assessing Anaemia in Plasmodium vivax Malaria-endemic 18 Settings. Malaria J 2007; 6:166. 19 15. Franco-Paredes C, Jones D, Rodriguez-Morales AJ, Santos-Preciado JI. 20 Improving the Health of Neglected Populations in Latin America. BMC Public 21 Health 2007; 7. 22 16. Kelly C, Hernández I, Franco-Paredes C, Del Rio C. The Clinical and 23 Epidemiologic Characteristics of Foreign-born Latinos with HIV/AIDS at an 24 Urban HIV Clinic. AIDS Reader 2007; 17:73-88. 25 17. Hotez PJ, Bottazzi ME, Franco-Paredes C, Ault SK, Roses-Periago M. The 26 Neglected Tropical Diseases of Latin America and the Caribbean: Estimated 27 Disease Burden and Distribution and a Roadmap for Control and Elimination. 28 PLoS Negl Trop Dis 2008; 2:e300.
26

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 28 of 58 Page ID #:542
1 18. Tellez I, Barragan M, Nelson K, Del Rio C, Franco-Paredes C. Pneumocystis 2 jiroveci (PCP) in the Inner City: A Persistent and Deadly Pathogen. Am J Med Sci 3 2008; 335:192-197. 4 19. Rodriguez-Morales AJ, Olinda, Franco-Paredes C. Cutaneous Leishmaniasis 5 Imported from Colombia to Northcentral Venezuela: Implications for Travel 6 Advice. Trav Med Infect Dis 2008; 6(6): 376-9. 7 20. Jacob J, Kozarsky P, Dismukes R, Bynoe V, Margoles L, Leonard M, Tellez I, 8 Franco-Paredes C. Five-Year Experience with Type 1 and Type 2 Reactions in 9 Hansen’s Disease at a US Travel Clinic. Am J Trop Med Hygiene 2008; 79:45210 454. 11 21. Delgado O, Silva S, Coraspe V, Ribas MA, Rodriguez-Morales AJ, Navarro P, 12 Franco-Paredes C. Epidemiology of Cutaneous Leishmaniasis in Children and 13 Adolescents in Venezuela. Trop Biomed. 2008; 25(3):178-83. 14 22. Franco-Paredes C, Lammoglia L, Hernandez I, Santos-Preciado JI. 15 Epidemiology and Outcomes of Bacterial Meningitis in Mexican Children: 1016 Years' Experience (1993-2003). Int J Infect Dis 2008; 12:380-386. 17 23. Pedroza A, Huerta GJ, Garcia ML, Rojas A, Lopez I, Peñagos M, Franco18 Paredes C, Deroche C, Mascareñas C. The Safety and Immunogenicity of 19 Influenza Vaccine in Children with Asthma in Mexico. Int J Infect Dis 2009; 20 13(4): 469-75. 21 24. Museru O, Franco-Paredes C. Epidemiology and Outcomes of Hepatitis B 22 Virus Infection among Refugees Seen at U.S. Travel Medicine Clinic: 2005-2008. 23 Travel Med Infect Dis 2009; 7: 171-179. 24 25. Rodriguez-Morales AJ, Olinda M, Franco-Paredes C. Imported Cases of 25 Malaria Admitted to Two Hospitals of Margarita Island, Venezuela: 1998-2005. 26 Travel Med Infect Dis 2009: (1): 48-45. 27 28
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1 26. Kelley CF, Checkley W, Mannino DM, Franco-Paredes C, Del Rio C, 2 Holguin F. Trends in Hospitalizations for AIDS-associated Pneumocystis jiroveci 3 Pneumonia in the United States (1986-2005). Chest 2009; 136(1): 190-7. 4 27. Carranza M, Newton O, Franco-Paredes C, Villasenor A. Clinical Outcomes 5 of Mexican Children with Febrile Acute Upper Respiratory Infection: No Impact 6 of Antibiotic Therapy. Int J Infect Dis 2010; 14(9): e759-63. 7 28. Museru O, Vargas M, Kinyua M, Alexander KT, Franco-Paredes C, Oladele 8 A. Hepatitis B Virus Infection among Refugees Resettled in the U.S.: High 9 Prevalence and Challenges in Access to Health Care. J Immigrant Minor Health 10 2010; 11 29. Moro P, Thompson B, Santos-Preciado JI, Weniger B, Chen R, Franco12 Paredes C. Needlestick injuries in Mexico City sanitation workers. Revista 13 Panamericana de Salud Pública/Pan American Journal of Public Health 2010; 27 14 (6): 467-8. 15 30. Barragan M, Holtz M, Franco-Paredes C, Leonard M. The Untimely 16 Misfortune of Tuberculosis Diagnosis at time of Death. Infect Dis Clin Pract 2010; 17 18(6):1-7. 18 31. Hochberg N, Armstrong W, Wang W, Sheth A, Moro R, Montgomery S, 19 Steuer F, Lennox J, Franco-Paredes C. High Prevalence of Persistent Parasitic 20 Infections in Foreign-born HIV-infected Persons in the United States. PLoS 21 Neglect Dis 2011; 5(4): e1034. 22 32. Larocque RC, Rao SR, Lee J, Ansdell V, Yates JA, Schwartz BS, Knouse M, 23 Cahill J, Hagmann S, Vinetz J, Connor BA, Goad JA, Oladele A, Alvarez S, 24 Stauffer W, Walker P, Kozarsky P, Franco-Paredes C, Dismukes R, Rosen J, 25 Hynes NA, Jacquerioz F, McLellan S, Hale D, Sofarelli T, Schoenfeld D, Marano 26 N, Brunette G, Jentes ES, Yanni E, Sotir MJ, Ryan ET; the Global TravEpiNet 27 Consortium. Global TravEpiNet: A National Consortium of Clinics Providing Care 28 to International Travelers--Analysis of Demographic Characteristics, Travel
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1 Destinations, and Pretravel Healthcare of High-Risk US International Travelers, 2 2009-2011. Clin Infect Dis. 2012; 54(4):455-462. 3 33. Espinosa-Padilla SE, Murata C, Estrada-Parra S, Santos-Argumendo L, 4 Mascarenas C, Franco-Paredes C, Espinosa-Rosales FJ. Immunogenicity of a 235 valent pneumococcal polysaccharide vaccine among Mexican children. Arch Med 6 Res 2012; 7 34. Harris JR, Lockhart SR, Sondermeyer G, Vugia DJ, Crist MB, D'Angelo MT, 8 Sellers B, Franco-Paredes C, Makvandi M, Smelser C, Greene J, Stanek D, Signs 9 K, Nett RJ, Chiller T, Park BJ. Cryptococcus gattii infections in multiple states 10 outside the US Pacific Northwest. Emerg Infect Dis. 2013; 19 (10):1620-6. 11 35. Franco-Paredes C. Aerobic actinomycetes that masquerade as pulmonary 12 tuberculosis. Bol Med Hosp Infant Mex 2014; 71(1): 36-40. 13 36. Chastain DB, Ngando I, Bland CM, Franco-Paredes C, and Hawkins WA. 14 Effect of the 2014 Clinical and Laboratory Standard Institute urine-specific 15 breakpoints on cefazolin susceptibility rates at a community teaching hospital. Ann 16 Clin Microbiol Antimicrob 2017; 16(1): 43. 17 37. Kashef Hamadani BH, Franco-Paredes C, MCollister B, Shapiro L, Beckham 18 JD, Henao-Martinez AF. Cryptococcosis and cryptococcal meningitis- new 19 predictors and clinical outcomes at a United States Academic Medical Center. 20 Mycoses 2017; doi: 10.1111/myc.12742. 21 38. Chastain DB, Franco-Paredes C, Wheeler SE, Olubajo B, Hawkins A. 22 Evaluating Guideline Adherence regarding Empirical Vancomycin use in patients 23 with neutropenic fever. Int J Infect Dis 2018; Feb 22. pii: S1201-9712(18)30052-3. 24 doi: 10.1016/j.ijid.2018.02.016. PMID: 29477362 25 39. Parra-Henao G, Amioka E, Franco-Paredes C, Colborn KL, Henao-Martinez 26 AF. Heart failure symptoms and ecological factors as predictors of Chagas disease 27 among indigenous communities in the Sierra Nevada de Santa Marta, Colombia. J 28
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1 Card Fail 2018; Mar 26. pii: S1071-9164(18)30119-2. doi: 2 10.1016/j.cardfail.2018.03.007. 3 40. Vela Duarte D, Henao-Martinez AF, Nyberg E, Castellanos P, Franco4 Paredes C, Chastain DB, Lacunar Stroke in Cryptococcal Meningitis: Clinical and 5 Radiographic Features. J Stroke and Cerebrovascular Disease 2019; 6 41. Chastain DB, Henao-Martinez AF, Franco-Paredes C. A clinical pharmacist 7 survey of prophylactic strategies used to prevent adverse events of lipid-associated 8 formulations of amphotericin B. Infect Dis 2019; 9 42. Henao-Martínez AF, Chadalawada S, Villamil-Gomez WE, DeSanto K, Rassi 10 A Jr, Franco-Paredes C. Duration and determinants of Chagas latency: an 11 etiology and risk systematic review protocol. JBI Database System Rev Implement 12 Rep. 2019 Jul 22. doi: 10.11124/JBISRIR-D-18-00018. 13 14 CONSENSUS STATEMENTS 15 16 Pritchett MA, Oberg CL, Belanger A, De Cardenas J, Cheng G, Cumbo Nacheli G, 17 Franco-Paredes C, Singh J, Toth J, Zgoda M, Folch E. Society for Advanced 18 Bronchoscopy Consensus Statement and Guidelines for bronchoscopy and airway 19 management amid the COVID-19 pandemic. J Thorac Dis 2020; 20 http:/dx.doi.org/10.21037/jtd.2020.04.32 21 22 RESEARCH ORIGINAL ARTICLES AS COLLABORATOR (clinical, basic 23 science, other) in refereed journals: 24 43. Benator D, Bhattacharya M, Bozeman L, Burman W, Cantazaro A, Chaisson 25 R, Gordin F, Horsburgh CR, Horton J, Khan A, Lahart C, Metchock B, Pachucki 26 C, Stanton L, Vernon A, Villarino ME, Wang YC, Weiner M, Weis S; 27 Tuberculosis Trials Consortium. Rifapentine and Isoniazid Once a Week versus 28 Rifampicin and Isoniazid twice a week for Treatment of Drug-susceptible
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1 Pulmonary Tuberculosis in HIV-Negative Patients: a Randomised Clinical Trial. 2 Lancet 2002; 360:528-34. 3 44. Weiner M, Burman W, Vernon A, Benator D, Peloquin CA, Khan A, Weis S, 4 King B, Shah N, Hodge T; Tuberculosis Trials Consortium. Low INH 5 Concentrations and Outcome of Tuberculosis Treatment with Once-weekly INH 6 and Rifapentine. Am J Rev Crit Care Med 2003; 167:1341-1347. 7 45. Jasmer RM, Bozeman L, Schwartzman K, Cave MD, Saukkonen JJ, Metchock 8 B, Khan A, Burman WJ; Tuberculosis Trials Consortium. Recurrent 9 Tuberculosis in the United States and Canada: Relapse or Reinfection? Am J 10 Respir Crit Care Med 2004; 170:1360-1366. 11 Mendelson M, Davis XM, Jensenius M, Keystone JS, von Sonnenburg F, Hale DC, 12 Burchard GD, Field V, Vincent P, Freedman DO; GeoSentinel Surveillance 13 Network. Health risks in travelers to South Africa: the GeoSentinel experience and 14 implications for the 2010 FIFA World Cup. Am J Trop Med Hyg. 2010; 82(6): 15 991-5. 16 46. Hagmann S, Neugebauer R, Schwartz E, Perret C, Castelli F, Barnett ED, 17 Stauffer WM; GeoSentinel Surveillance Network. Illness in children after 18 international travel: analysis from the GeoSentinel Surveillance Network. 19 Pediatrics. 2010; 1 25(5): e1072-80. 20 47. Schlagenhauf P, Chen LH, Wilson ME, Freedman DO, Tcheng D, Schwartz E, 21 Pandey P, Weber R, Nadal D, Berger C, von Sonnenburg F, Keystone J, Leder K; 22 GeoSentinel Surveillance Network. Sex and gender differences in travel23 associated disease. Clin Infect Dis. 2010; 50 (6): 826-32. 24 48. Jensenius M, Davis X, von Sonnenburg F, Schwartz E, Keystone JS, Leder K, 25 Lopéz-Véléz R, Caumes E, Cramer JP, Chen L, Parola P; GeoSentinel 26 Surveillance Network. Multicener GeoSentinel analysis of rickettsial diseases in 27 international travelers, 1996-2008. Emerg Infect Dis. 2009; 15(11):1791-8. 28
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1 49. Chen LH, Wilson ME, Davis X, Loutan L, Schwartz E, Keystone J, Hale D, 2 Lim PL, McCarthy A, Gkrania-Klotsas E, Schlagenhauf P; GeoSentinel 3 Surveillance Network. Emerg Infect Dis. 2009; 15(11): 1773-82. 4 50. Nicolls DJ, Weld LH, Schwartz E, Reed C, von Sonnenburg F, Freedman DO, 5 Kozarsky PE; GeoSentinel Surveillance Network. Characteristics of 6 schistosomiasis in travelers reported to the GeoSentinel Surveillance Network 7 1997-2008. Am J Trop Med Hyg 2008; 79(5): 729-34. 8 51. Greenwood Z, Black J, Weld L, O'Brien D, Leder K, Von Sonnenburg F, 9 Pandey P, Schwartz E, Connor BA, Brown G, Freedman DO, Torresi J; 10 GeoSentinel Surveillance Network. Gastrointestinal infection among 11 international travelers globally. J Travel Med 2008; 1 5(4):221-8. 12 52. Davis XM, MacDonald S, Borwein S, Freedman DO, Kozarsky PE, von 13 Sonnenburg F, Keystone JS, Lim PL, Marano N; GeoSentinel Surveillance 14 Network. Health risks in travelers to China: the GeoSentinel experience and 15 implications for the 2008 Beijing Olympics. Am J Trop Med Hyg 2008; 79(1): 4-8. 16 53. Boggild AK, Castelli F, Gautret P, Torresi J, von Sonnenburg F, Barnett ED, 17 Greenaway CA, Lim PL, Schwartz E, Wilder-Smith A, Wilson ME; GeoSentinel 18 Surveillance Network. Vaccine preventable diseases in returned international 19 travelers: results from the GeoSentinel Surveillance Network. Vaccine 2010; 20 28(46):7389-95. 21 54. Esposito DH, Han PV, Kozarsky PE, Walker PF, Gkrania-Klotsas E, Barnett 22 ED, Libman M, McCarthy AE, Field V, Connor BA, Schwartz E, MacDonald S, 23 Sotir MJ; GeoSentinel Surveillance Network. Characteristics and spectrum of 24 disease among ill returned travelers from pre- and post-earthquake Haiti: The 25 GeoSentinel experience. Am J Trop Med Hyg 2012 Jan; 86(1):23-8. 26 55. Boggild AK, Castelli F, Gautret P, Torresi J, von Sonnenburg F, Barnett ED, 27 Greenaway CA, Lim PL, Schwartz E, Wilder-Smith A, Wilson ME; GeoSentinel 28 Surveillance Network. Latitudinal patterns of travel among returned travelers
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1 with influenza: results from the GeoSentinel Surveillance Network, 1997-2007. J 2 Travel Med 2012; 19(1):4-8. doi: 10.1111/j.1708-8305.2011.00579.x. 3 4 REVIEW, EDITORIALS, CASE SERIES, CASE REPORT ARTICLES: 5 56. Franco-Paredes C, Jurado R. Ankylosing Spondylitis Fibrocavitary Lung 6 Disease. Clin Infect Dis 2001; 32:1062. 7 57. Franco-Paredes C, Evans J, Jurado R. Diabetes Insipidus due to Streptococcus 8 pneumoniae Meningitis. Arch Intern Med 2001; 161; 1114-15. 9 58. Franco-Paredes C, Blumberg H. Tuberculosis Psoas Abscess caused by 10 Mycobacterium tuberculosis and Staphylococcus aureus: Case Report and Review. 11 Am J Med Sci 2001; 321:415-17. 12 59. Jurado R, Franco-Paredes C. Aspiration Pneumonia: A Misnomer. Clin 13 Infect Dis 2001;33:1612-3. 14 60. Del Rio Carlos, Franco-Paredes C. Bioterrorism: A New Public Health 15 Problem. Sal Publ Mex 2001; 43:585-88. 16 61. Franco-Paredes C, Blumberg H. New Concepts in the Diagnosis of Latent 17 Tuberculosis Infection. Consultant 2001; 41:1105-1121. 18 62. Franco-Paredes C, Bellehemeur T, Sanghi P, et al. Aseptic Meningitis and 19 Retrobulbar Optic Neuritis Caused By VZV Preceding the Onset of PORN in a 20 Patient with AIDS. AIDS 2002; 16:1045-1049. 21 63. Franco-Paredes C, Mehrabi D, Calle J, Jurado R. Night Sweats Revisited. 22 Infect Dis Clin Pract 2002; 11:291-293. 23 64. Franco-Paredes C, Jurado R, Del Rio C. The Clinical Utility of the Urine 24 Gram Stain. Infect Dis Clin Pract 2002; 11:561-563. 25 65. Franco-Paredes C, Agudelo C. Editorial Response: The Ever Expanding 26 Clinical Spectrum of Tuberculosis. J Clin Rheumatol 2002;8:1-2. 27 28
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1 66. Franco-Paredes C, Rebolledo P, Folch E, Hernandez I, Del Rio C. Diffuse 2 CD8 Lymphocytosis Syndrome in HIV-infected Patients. AIDS Reader 2002; 3 12:408-13. 4 67. Franco-Paredes C. Human Immunodeficiency Virus Infection as a Risk 5 Factor for Tuberculosis Infection and Clinical Disease. Infect Med 2002; 19:4756 479. 7 68. Franco-Paredes C, Leonard M, Jurado R, Blumberg H. Tuberculosis of the 8 Pancreas. Report of two cases and Review of the Literature. Am J Med Sci 2002; 9 323(1): 54-58. 10 69. DiazGranados C, Franco-Paredes C, Steinberg J. A Long Suffering Patient 11 with New Abdominal Pain. Clin Infect Dis 2002; 34(9):1213-1214; 1267-1268. 12 70. Franco-Paredes C, Martin K. Extranodal Rosai-Dorfman Manifested in the 13 Meninges. Southern Med J 2002; 95(9): 1101-1104. 14 71. Franco-Paredes C, Workowski K, Harris M. Infective Endocarditis15 Endarteritis Complicating Coarctation of the Aorta. Am J Med 2002; 112(7):59016 92. 17 72. Folch E, Hernandez I, Barragan M, Franco-Paredes C. Infectious Disease, 18 Non-Zero Sum Thinking and the Developing World. Am J Med Sci 2003; 326:6619 72. 20 73. Franco-Paredes C, Santos Preciado JI. Parasitology Resources on the World 21 Wide Web: A Powerful Tool for Infectious Diseases Practitioners. Clin Infect Dis 22 2003; 37:694-701. 23 74. Franco-Paredes C, Tellez I, Santos-Preciado JI. Monkeypox Virus Infection 24 Appears in the Americas. Salud Publ Mex 2003; 45:428-430. 25 75. Franco-Paredes C, Del Rio C, Nava Frías M, Rangel Frausto S, Téllez I, 26 Santos Preciado JI. Confronting Bioterrorism: Epidemiologic, Clinical, and 27 Preventive Aspects of Smallpox. Sal Publ Mex 2003; 45:298-309. 28
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1 76. Franco-Paredes C, Kuri-Morales P, Alvarez-Lucas C, Zavala E, Betancourt 2 M, Nava-Frias M, Santos-Preciado JI. Severe Acute Respiratory Syndrome: A 3 Global View of the Epidemic. Sal Publ Mex 2003; 45:211-220. 4 77. Huneycut D, Folch E, Franco-Paredes C. Atypical Manifestations of 5 Infections in Patients with Familial Dysautonomia. Am J Med 2003; 115(6): 5056 506. 7 78. Franco-Paredes C, Sanghi P. Progressive Multifocal Leukoencephalopathy. 8 Infect Med 2003; 20(8):376. 9 79. Franco-Paredes C, Guarner J, McCall C, Mehrabi D, Del Rio C. Clinical and 10 Pathological Recognition of Leprosy. Am J Med 2003; 114(3):246-7. 11 80. Franco-Paredes C, Lammoglia L, Santos Preciado JI. Historical Perspective 12 of Smallpox in Mexico: Origins, Elimination, and Risk of Reintroduction due to 13 Bioterrorism. Gac Med Mex 2004; 141:321-328. 14 81. Santos-Preciado JI, Franco-Paredes C. Influenza Vaccine in Childhood: a 15 Preventive Strategy of National Priority. Salud Publ Mex 2004; 46:498-500. 16 82. Almeida L, Franco-Paredes C, Pérez LF, Santos JI. Meningococcal Disease: 17 Preventive and Clinical Aspects. Salud Publ Mex 2004; 46(5):438-50. 18 83. Franco-Paredes C, Téllez I, Del Rio C. The Inverse Relationship between 19 Decreased Infectious Diseases and Increased Inflammatory Disease Occurrence. 20 Arch Med Res 2004; 35:258-26. 21 84. Arria M, Rodríguez-Morales A, Franco-Paredes C. Galeria Eco22 epidemiológica de la Cuenca Amazónica. Rev Peru Salud Publ 2005; 22:236-240. 23 85. Franco-Paredes C, Lammoglia L, Santos-Preciado JI. The Spanish Royal 24 Philanthropic Expedition to Bring Smallpox Vaccination to the New World and 25 Asia in the 19th Century. Clin Infect Dis 2005; 41:1285-1289. 26 86. Diaz-Borjon A, Lim S, Franco-Paredes C. Multifocal Septic Arthritis: An 27 Unusual Complication of Invasive Streptococcus pyogenes Infection. Am J Med 28 2005. 118(8): 924-925.
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1 87. Franco-Paredes C, Rodríguez A. Lepromatous Leprosy. Infect Med 2005 2 88. Santos-Preciado JI, Franco-Paredes C. Tratamiento Acortado Estrictamente 3 Supervisado (TAES o DOTS) Para Tuberculosis en Poblaciones Con Niveles 4 Moderados de Farmacorresistencia: Perspectiva del Impacto Internacional. Rev 5 Inv Clin 2005; 57:488-490. 6 89. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, 7 Franco-Paredes C. Severe Thrombocytopenia, Reply to Spinello et al. Clin Infect 8 Dis 2005; 41:1211-1212. 9 90. Franco-Paredes C, Dismukes R, Nicolls D, Kozarsky P. Reply to Newton et 10 al. Clin Infect Dis 2005;41:1688-1689. 11 91. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, 12 Franco-Paredes C. Occurrence of Thrombocytopenia in Plasmodium vivax 13 malaria. Clin Infect Dis 2005;41:130-131. 14 92. Franco-Paredes C, Rodríguez-Morales A, Santos-Preciado JI. Bioterrorism: 15 Preparing for the Unexpected. Rev Inv Clin 2005; 57: 57(5):695-705. 16 93. Franco-Paredes C, Tellez I, Del Rio C, Santos-Preciado JI. Pandemic 17 Influenza: Impact of Avian Influenza. Salud Publ Mex 2005; 2: 47(2):107-9. 18 94. Franco-Paredes C, Dismukes R, Nicolls D, Kozarsky D. Neurotoxicity 19 Associated To Misdiagnosis of Malaria. Clin Infect Dis 2005; 40:1710-1711. 20 95. Rodríguez-Morales A, Benitez J, Franco-Paredes C. Plasmodium vivax 21 Malaria Imported from a rural Area Near Caracas Venezuela? J Trav Med 2006; 22 13:325-326. 23 96. Franco-Paredes C, Tellez I, Del Rio C. Rapid HIV Testing. Current 24 HIV/AIDS Reports 2006; 3:169-75. 25 97. Franco-Paredes C, Hidron A, Steinberg JP. Photo Quiz: An 82-year-old 26 Female from Guyana with Fever and Back pain. Chyluria due to Wuchereria 27 bancrofti Infection. Clin Infect Dis 2006; 42 (9): 1297; 1340-1341. 28
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1 98. Franco-Paredes C, Kozarsky P, Nicolls D, Dismukes R. Pelvic 2 Echinococcosis in a Northern Iraqi Refugee. J Trav Med 2006. 13 (2): 119-122. 3 99. Franco-Paredes C, Santos-Preciado JI. Prevention of Malaria in Travelers. 4 Lancet Infect Dis 2006; 6:139-149. 5 100. Franco-Paredes C, Santos-Preciado JI. Reply to Christenson. Clin Infect 6 Dis 2006; 42: 731-732. 7 101. Franco-Paredes C, Diaz-Borjon A, Barragán L, Senger M, Leonard M. The 8 Ever Expanding Association between Tuberculosis and Rheumatologic Diseases. 9 Am J Med 2006; 119:470-477. 10 102. Franco-Paredes C, Rouphael N, Del Rio C, Santos-Preciado JI. Vaccination 11 Strategies to Prevent Tuberculosis in the New Millennium: From BCG to New 12 Vaccine Candidates. Int J Infect Dis 2006; 10:93-102. 13 103. Tellez I, Calderon O, Franco-Paredes C, Del Rio C. West Nile Virus: A 14 Reality in Mexico. Gac Med Mex 2006; 142:493-9. 15 104. Franco-Paredes C, Santos-Preciado JI. Reply to Christenson. Clin Infect 16 Dis 2006; 42:731-732. 17 105. Kieny MP, Costa A, Carrasco P, Perichov Y, Franco-Paredes C, Santos18 Preciado JI, et al. A Global Pandemic Influenza Vaccine Action Plan. Vaccine 19 2006; 24:6367-6370. 20 106. Franco-Paredes C, Anna Von, Alicia Hidron, Alfonso J. Rodríguez-Morales, 21 Ildefonso Tellez, Maribel Barragán, Danielle Jones, Cesar G. Náquira, Jorge 22 Mendez. Chagas Disease: An Impediment in Achieving the Millennium 23 Development Goals in Latin America. BMC Int Health Hum Rights 2007; 7:7. 24 107. Von A, Zaragoza E, Jones D, Rodriguez-Morales A, Franco-Paredes C. 25 New Insights into Chagas Disease: A Neglected Disease in Latin America. J Infect 26 Developing Countries 2007; 1:99-111. 27 108. Tellez I, Franco-Paredes C, Caliendo A, Del Rio C. Rapid HIV Test: A 28 Primer for Clinicians. Infect Med 2007; 24:381-385.
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1 109. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, 2 Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 1. General Aspects 3 and Immunopathogenesis. Clin Cardiol 2007; 30:195-199. 4 110. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, 5 Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 2. Myocardial 6 Manifestations of Parasitic Diseases. Clin Cardiol 2007; 30:218-222. 7 111. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, 8 Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 3. Pericardial 9 Manifestations of Parasitic Diseases and Other Cardiopulmonary Manifestations. 10 Clin Cardiol 2007; 30:277-280. 11 112. Rouphael N, Talati N, Franco-Paredes C. A Painful Thorn in the Foot: 12 Eumycetoma. Am J Med Sci 2007; 334:142-144. 13 113. Zimmer S, Franco-Paredes C. Efficacy of Nitazoxanide in the Treatment of 14 Cyclospora cayetanensis in a Patient Allergic to Sulfas. Clin Infect Dis 2007; 15 44(3):466-7. 16 114. Kaplan R, Rebolledo P, Gonzalez E, Franco-Paredes C. An Unexpected 17 Visitor: Mycobacterium kansasii Cutaneous Infection. Am J Med 2007; 18 120(5):415-6. 19 115. Seybold U, Blumberg H, Talati N, Franco-Paredes C. Hematogenous 20 Osteomyelitis Mimicking Osteosarcoma due to Community Associated 21 Methicillin-Resistant Staphylococcus aureus. Infect 2007; 35(3): 190-3. 22 116. Liff D, Kraft C, Pohlel K, Sperling L, Chen E, Franco-Paredes C. Nocardia 23 Nova Aortitis Following Coronary Artery Bypass Surgery. J Am Soc Echo 2007; 24 20(5):537:e7-8. 25 117. Rodriguez-Morales AJ, Franco-Paredes C. Paracoccidiodomycosis (South 26 American Blastomycosis) of the Larynx Mimicking Carcinoma. Am J Med Sci 27 2008; 335:149-150. 28
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1 118. Franco-Paredes C. Filariasis due Loa loa is also a cause of Angioedema. 2 Am J Med 2008; 121(10): e29. 3 119. Rodriguez-Morales A, Benitez J, Tellez I, Franco-Paredes C. Chagas 4 Disease Screening among Latin American Immigrants in Non-endemic Settings. 5 Travel Medicine and Infectious Disease 2008; 6:162-3. 6 120. Talati N, Rouphael N, Kuppali K, Franco-Paredes C. Spectrum of Central 7 Nervous System Manifestations due to Rapidly Growing Mycobacteria. Lancet 8 Infect Dis 2008; 8:390-8. 9 121. Rifakis P, Rodríguez-Morales A, Franco-Paredes C. Atypical Plasmodium 10 vivax Malaria in a Traveler: Bilateral hydronephrosis, Severe Thrombocytopenia, 11 and Hypotension. J Trav Med 2008; 15(2): 119-21. 12 122. Osorio-Pinzon J, Carvajal C, Sussman O, Buitrago R, Franco-Paredes C. 13 Acute liver failure due to dengue virus infection. Int J Infect Dis 2008; 12: 44414 445. 15 123. Jacob J, Franco-Paredes C. The Stigmatization of leprosy in India and its 16 Impact on future approaches to elimination and control. PloS Neglected Tropical 17 Diseases 2008; 30:e113. 18 124. Difrancesco L, Mora L, Doss M, Small J, Williams M, Franco-Paredes C. 19 Short of Breath: Not short of diagnosis. J Hosp Med 2009; 4(1):60-7. 20 125. Whitaker JA, Edupuganti S, Del Rio C, Franco-Paredes C. Rethinking 21 Typhoid Fever Vaccines: Implications for travelers and those living in endemic 22 areas. J Travel Med 2009, 16(1): 46-52. 23 126. Franco-Paredes C, Hidron A, Lesesne J, Tellez I, Del Rio C. HIV-AIDS: 24 Pretravel recommendations and health-related risks. Topics in HIV 2009; 17(1): 225 11. 26 127. Franco-Paredes C, Jacob JT, Stryjewska B, Yoder L. Two patients 27 with leprosy and the sudden appearance of Inflammation in the skin and 28 new sensory loss. PLoS Negl Trop Dis 2009; 3(9): e425.
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1 128. Franco-Paredes C, Hidron A, Jacob J, Nicolls D, Kuhar D, Caliendo A. 2 Transplantation and Tropical Infectious Diseases. Int J Infect Dis 2009; 14(3): 3 e189-96. 4 129. Parker S, Vogenthaler N, Franco-Paredes C. Leishmania tropica Cutaneous 5 and Presumptive Concomitant Viscerotropic Leishmaniasis with Prolonged 6 Incubation. Arch Dermatol 2009; 145(9): 1023-6. 7 130. DiazGranados C, Franco-Paredes C. HIV and Chagas Disease Co-Infection: 8 An Evolving Epidemiologic and Clinical Association. Lancet Infect Dis 2009; 9 9:324-330. 10 131. Hidron A, Franco-Paredes C, Drenkard C. A rare opportunistic infection in a 11 woman with systemic lupus erythematous and multiple skin lesions. Lupus 2009; 12 18 (12): 1100-3. 13 132. Franco-Paredes C, Kozarsky P. The Bottom Line. Am J Med 2009; 122(12): 14 1067-8. 15 133. Franco-Paredes C, Bottazzi ME, Hotez PJ. The Unfinished Agenda of 16 Chagas Disease Control in the Era of Globalization. PLoS Negl Trop Dis. 2009 Jul 17 7; 3(7): e470. 18 134. Franco-Paredes C, Carrasco P, Del Rio C, Santos Preciado JI. Respuesta al 19 Brote de Influenza A H1N1. Salud Publ Mex 2009; 51 (3): 183-186. 20 135. Franco-Paredes C. An Unusual Clinical Presentation of Posttraumatic Stress 21 Disorder in a Sudanese Refugee. Journal of Immigrant and Minority Health 2009; 22 12(2): 267-9. 23 136. Kempker R, DiFrancesco L, Gorgojo A, Franco-Paredes C. 24 Xantogranulomathous pyelonephritis caused by Community-Associated MRSA. 25 Cases Journal 2009; 2: 7437. 26 137. Franco-Paredes C, Carrasco P, Santos-Preciado JI. The First Influenza 27 Pandemic in the New Millennium: Lessons Learned Hitherto for Current Control 28
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1 Efforts and Overall Pandemic Preparedness. Journal of Immune Based Therapies 2 and Vaccines 2009, 7:2. 3 138. Livorsi D, Qureshi S, Howard M, Franco-Paredes C. Brainstem 4 Encephalitis: An Unusual Presentation of Herpes Simplex Virus Infection. J 5 Neurol 2010; 257(9): 1432-7. 6 139. Del Rio C, Franco-Paredes C. The Perennial threat of influenza viruses: The 7 Mexican Experience during the Influenza A (H1N1) 2009 Pandemic. Arch Med 8 Res 2010; 40(8):641-2. 9 140. Santos-Preciado JI, Franco-Paredes C, Hernandez-Ramos MI, Tellez I, Del 10 Rio C, Roberto Tapia-Conyer R. What have we learned from the Novel Influenza 11 A (H1N1) Influenza Pandemic in 2009 for strengthening Pandemic Influenza 12 Preparedness? Arch Med Res 2010; 40(8): 673-6. 13 141. Franco-Paredes C, Hernandez-Ramos MI, Del Rio C, Alexander KT, Tapia14 Conyer R, Santos-Preciado JI. H1N1 Influenza Pandemics: Comparing the Events 15 of 2009 in Mexico with those of 1976, and 1918-1919. Arch Med Res 2010; 40(8): 16 6730-6. 17 142. Graham A, Furlong S, Owusu K, Margoles L, Franco-Paredes C. Clinical 18 Management of Leprosy Reactions. Infect Dis Clin Pract 2010; 18: 234-7. 19 143. Hidron A, Vogenthaler N, Santos-Preciado JI, Rodriguez-Morales AJ, 20 Franco-Paredes C, Rassi A. Cardiac Involvement with Parasitic Diseases. Clin 21 Microb Rev 2010; 23 (2): 1-27. 22 144. Franco-Paredes C, Zeuli J, Hernandez-Ramos I, Santos-Preciado JI. 23 Preserving Idealism in Global Health. Global Health Prom 2010; 17(4): 57-60. 24 145. Franco-Paredes C. Reconstructing the Past of Poliovirus Eradication. 25 Lancet Infect Dis 2010; 10(10): 660-1. 26 146. Franco-Paredes C, Ko AI, Aksoy S, Hotez PJ. A New Clinical Section in 27 PLoS Neglected Tropical Diseases: NTD Photo Quiz. PLoS Neglect Trop Dis 28 2010; 4(9): e760.
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1 147. Tellez I, Franco-Paredes C. Actinomycetoma. PLoS Neglect Trop Dis 2010; 2 4(9): e772. 3 148. Franco-Paredes C, Hernandez I, Santos-Preciado JI. Equidad en 4 inmunizaciones en las poblaciones más vulnerables en Mesoamérica: Plan 5 Regional del Sistema Mesoamericano de Salud Pública. Salud Publ. Mex 2011; 53 6 Suppl 3:S323-32. 7 149. Santos-Preciado JI, Rodriguez MH, Franco-Paredes C. Equidad en Salud en 8 America Latina: De la Oficina Panamericana de Salud Pública a la Iniciativa de 9 Salud Pública. Salud Publ. Mex 2011; 53 Suppl 3:S289-94. 10 150. Rassi A Jr., Rassi A, Franco-Paredes C. A Latin-American woman with 11 palpitations, a right bundle branch block, and an apical aneursym. PLoS Neglect 12 Trop Dis 2011; 5(2):e852. doi: 10.1371/journal.pntd.0000852. 13 151. Gupta D, Green J, Franco-Paredes C, Lerakis S. Challenges in the Clinical 14 Management of Blood-Culture Negative Endocarditis: the case of Bartonella 15 henselae infection. Am J Med 2011; 124(3):e1-2. doi: 16 10.1016/j.amjmed.2010.09.022. 17 152. Franco-Paredes C. Health Equity is not only Healthcare Delivery. Lancet 18 2011; 377: 1238. 19 153. Franco-Paredes C, Santos-Preciado JI. Freedom, Justice, and the Neglected 20 Tropical Diseases. PLoS Neglect Trop Dis 2011; 5(8):e1235. 21 154. Sellers B, Hall P, Cine-Gowdie S, Hays AL, Patel K, Lockhart SR, Franco22 Paredes C. Cryptococcus gattii: An Emerging Fungal Pathogen in the 23 Southeastern United States. Am J Med Sci. 2012; 343(6):510-1. doi: 24 10.1097/MAJ.0b013e3182464bc7. 25 155. Franco-Paredes C. Poliovirus eradication. Lancet Infect Dis 2012; 26 12(6):432-3. doi: 10.1016/S1473-3099(12)70102-0. 27 28
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1 156. Franco-Paredes C, Ray S. Causes of persistent of acid-fast positive smears in 2 patients with pulmonary tuberculosis. Am J Med 2012; 125(12):e3-4. doi: 3 10.1016/j.amjmed.2012.03.002. 4 157. Franco-Paredes C. Causes of persistent of acid-fast positive smears in 5 patients with pulmonary tuberculosis. Am J Med 2013: 126(7):e17. doi: 6 10.1016/j.amjmed.2013.03.001. 7 158. Franco-Paredes C. Illness and Death in the Universe. Perm J. 2013; 8 17(4):90-1. 9 159. Hare A, Franco-Paredes C. Ocular Larva Migrans: A Severe Manifestation 10 of an Unseen Epidemic. Curr Trop Med Rep 2014; 1: 69-73. 11 160. Franco-Paredes C. Recovering our Human Story. J Cosmology and 12 Philosophy 2014;12: 210-213. 13 161. Powell DR, Patel S, Franco-Paredes C. Varicella-Zoster virus vasculopathy: 14 The growing association between herpes zoster virus and strokes. Am J Med Sci 15 2014; 350(3):243-5. 16 162. Franco-Paredes C. The growing threat of leishmaniasis in travelers. Trav 17 Med Infect Dis 2014; 12(6 Pt A):559-60. doi: 10.1016/j.tmaid.2014.10.020. 18 163. Franco-Paredes C, Sellers B, Hayes A, Chane T, Patel K, Lockhart S, Marr 19 K. Management of Cryptococcus gattii meningoencephalitis. Lancet Infect Dis 20 2014; 15(3):348-55. 21 164. White C, Franco-Paredes C. Leprosy in the 21st Century. Clin Microb Rev 22 2014; 28(1): 80-94. 23 165. Carrasco P, Franco-Paredes C, Andrus J, Waller K, Maassen A, Symenouh 24 E, Hafalia G. Inaugural conference of the International Association of 25 Immunization Managers (IAIM), Istanbul Turkey, 3-4 March 2015; Vaccine 2015; 26 33(33):4047-50. 27 28
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1 166. Franco-Paredes C, Rodriguez-Morales AJ. Unsolved matters in leprosy: a 2 descriptive review and call for further research. Ann Clin Microbiol Antimicrob 3 2016; 15(1):33. 4 167. Rodriguez-Morales AJ, Banderia AC, Franco-Paredes C. The expanding 5 spectrum of modes of transmission of Zika virus: a global concern. Ann Clin 6 Microbiol Antimicrob 2016; 15:13. doi: 10.1186/s12941-016-0128-2. 7 168. Khan MI, Katrinak C, Freeman A, Franco-Paredes C. Enteric Fever and 8 Invasive Nontyphidal Salmonellosis – 9th International Conference on typhoid and 9 Invasive NTS Disease, Bali, Indonesia, April 30-May 3, 2015. Emerg Infect Dis 10 2016; 22(4): doi: 10.3201/eid2204.151463. 11 169. Franco-Paredes C, Khan MI, Santos-Preciado JI, Gonzalez-Diaz E, 12 Rodriguez-Morales AJ, Gotuzzo E. Enteric Fever: A Slow Reponse to An Old 13 Plague. PLoS Negl Trop Dis 2016; 10(5):e0004597. doi: 14 10.1371/journal.pntd.0004597. 15 170. Rodriguez-Morales AJ, Villamil-Gomez WE, Franco-Paredes C. The 16 arboviral burden of disease caused by co-circulation and co-infection of dengue, 17 chikungunya and Zika in the Americas. Trav Med Infect Dis 2016; 14(3):177-9. 18 doi: 10.1016/j.tmaid.2016.05.004. 19 171. Alvarado-Socarras JL, Ocampo-Gonzalez M, Vargas Soler JA, Rodriguez20 Morales AJ, Franco-Paredes C. Congenital and neonatal Chikungunya in 21 Colombia. J Pediatric Infect Dis Soc. 2016;5(3): e17-20. 22 172. Franco-Paredes C, Chastain DB, Ezigbo C, Callins KR. Reducing 23 transmission of HIV in the Southeastern U.S. Lancet HIV 2017; 4(3):e101-e102. 24 173. Franco-Paredes C, Chastain D, Marcos LA, Rodriguez-Morales AJ. 25 Cryptococcal meningoencephalitis in AIDS: When to start antiretroviral therapy? 26 Ann Clin Microbiol Antimicrob 2017; 16:9. 27 28
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1 174. Khan MI, Franco-Paredes C, Ochiai RL, Mogasale V, Sushant S. Barriers to 2 typhoid fever vaccine access in endemic countries. Research and Reports in 3 Tropical Medicine; 2017; 8:37-44. 4 175. Franco-Paredes C, Chastain D, Taylor P, Stocking S, Sellers B. Boar 5 hunting and brucellosis caused by Brucella suis. Trav Med Infect Dis 2017; S14776 8939(17): 30037-6. 7 176. Chastain DB, Henao-Martinez AF, Franco-Paredes C. Cryptococcal Antigen 8 Negative Cryptococcal Meningoencephalitis. Diagn Microbiol Infect Dis 2017; 9 89(2): 143-145. 10 177. Chastain DB, Henao-Martinez A, Franco-Paredes C. Opportunistic invasive 11 fungal infections in HIV/AIDS: Cryptococcosis, Histoplasmosis, 12 Coccidioidomycosis and Talaromycosis. Current Infect Dis Rep 2017; 19(10): 36. 13 178. Chastain DB, Kayla Stover, Franco-Paredes C. Adressing Antiretroviral 14 Therapy-Associated Drug-Drug Interactions in Patients Requiring Treatment for 15 Opportunistic Infections in Low-Income and Resource-Limited Settings. J Clin 16 Pharmacol 2017; 57(11):1387-1399. 17 179. Franco-Paredes C. The Harmony of Disequilibrium. Permanente J. 2017; 18 22. doi: 10.712/TPP/17-067. 19 180. Franco-Paredes C, Henao-Martinez A, Chastain DB. A 27-year-old male 20 with blurry vision, oral and nasal mucosal lesions, and a skin rash. Clin Infect Dis 21 2018; 22 181. Henao-Martinez AF, Olague N, Franco-Paredes C. Spontaneous 23 Mycobacterium bolletti skin abscesses —an under recognized zoonosis from raw 24 bovine milk. Trav Med Infect Dis 2018 Jan 29. pii: S1477-8939(18)30003-6. doi: 25 10.1016/j.tmaid.2018.01.003. PMID: 29477362. 26 182. Franco-Paredes C, Henao-Martinez AF, Mathur S, Villamil-Gomez W. A 27 Man Who Harvest Peanuts with Verrucous Lesions in his Right Index Finger. Am J 28
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1 Med Sci 2018; Mar; 355(3):e7. doi: 10.1016/j.amjms.2017.11.010. Epub 2017 Nov 2 22. No abstract available. PMID: 2954993 3 183. Henao-Martinez AF, Franco-Paredes C, Palestine A, Montoya G. 4 Symptomatic acute toxoplasmosis in returning travelers. Open Forum Infect Dis 5 2018;5(4):ofy058. doi: 10.1093/ofid/ofy058. eCollection 2018 Apr. PMID: 6 29644250. 7 184. Steele GM, Franco-Paredes C, Chastain DB. Non-infectious causes of fever 8 in adults. Nurse Pract 2018Apr 19; 43(4):38-44. doi: 9 10.1097/01.NPR.0000531067.65817.7d. 10 185. Henao-Martinez AF, Chastain DB, Franco-Paredes C, Treatment of 11 cryptococcosis in non-HIV immunocompromised patients. Curr Opin Infect Dis 12 2018; PMID 29738314. 13 186. Chastain DB, Sam JI, Steele GM, Lowder LO, Franco-Paredes C. 14 Expanding Spectrum of Toxoplasmosis gondii: Thymoma and Toxoplasmic 15 encephalitis. Open Forum Infect Dis 2018; Jul 7;5(7):ofy163. doi: 16 10.1093/ofid/ofy163. eCollection 2018 Jul.. 17 187. Bruner KT, Chastain DB, Henao-Martinez AF, Franco-Paredes C. 18 Cryptococcus gattii complex infections in HIV-infected patients, Southeastern 19 United States. Emerg Infect Dis 2018; 24(11): 1998-2002. 20 189. José A. Suárez, Lolimar Carreño, Alberto E. Paniz-Mondolfi, Francisco J. 21 Marco-Canosa, Héctor Freilij, Jorge A. Riera, Alejandro Risquez, Andrea G. 22 Rodriguez-Morales, Evimar Hernández-Rincón, Jorge Alvarado-Socarras, Gustavo 23 Contreras, Maritza Cabrera, Rosa M. Navas, Fredi Díaz-Quijano, Tamara Rosales, 24 Rosa A. Barbella-Aponte, Wilmer E. Villamil-Gómez, Marietta Díaz, Yenddy 25 Carrero, Anishmenia Pineda, Nereida Valero-Cedeño, Cesar Cuadra-Sánchez, 26 Yohama Caraballo-Arias, Belkis J. Menoni-Blanco, Giovanni Provenza, Jesús E. 27 Robles, María Triolo-Mieses, Eduardo Savio-Larriera, Sergio Cimerman, Ricardo 28 J. Bello, Carlos Franco-Paredes, Juliana Buitrago, Marlen Martinez-Gutierrez,
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1 Julio Maquera-Afaray, Marco A. Solarte-Portilla, Sebastián Hernández-Botero, 2 Krisell Contreras, Jaime A. Cardona-Ospina, D. Katterine Bonilla-Aldana, Alfonso 3 J. Rodriguez-Morales. Infectious Diseases, Social, Economic and Political Crises, 4 Anthropogenic Disasters and Beyond: Venezuela 2019-Implications for public 5 health and travel medicine. Rev Panam Enf Inf 2018; 1(2):73-93. 6 190. Gharamati A, Rao A, Pecen PE, Henao-Martinez AF, Franco-Paredes C, 7 Montoya JG. Acute Disseminated Toxoplasmosis with Encephalitis. Open Forum 8 Infect Dis 2018; Oct 17; 5 (11):ofy259. doi: 10.1093/ofid/ofy259. 9 191. Franco-Paredes C, Rodriguez-Morales AJ, Luis A. Marcos, Henao-Martinez 10 AF, Villamil-Gomez WE, Gotuzzo E, Bonifaz A. Cutaneous Mycobacterial 11 Diseases. Clin Microb Rev 2018; 14; 32(1). pii: e00069-18. doi: 12 10.1128/CMR.00069-18. 13 192. Henao-Martínes AF, Pinto N, Henao San Martin V, Franco-Paredes C, 14 Gharamati A. Successful Treatment of Gonococcal Osteomyelitis with One Week 15 of Intravenous Antibiotic Therapy. Int J STDs HIV 2019; 16 193. Reno E, Foster G, Franco-Paredes C, Henao-Martinez AF. Fatal fulminant 17 hepatitis A in a US traveler returning from Peru. J Trav Med 2019. 18 194. Canfield G, C, Mann S, Zimmer S, Franco-Paredes C. A 31-Year-Old 19 Micronesian Man with Shoulder Fungating Mass. Clin Infect Dis 2019; 20 195. Parra-Henao G, Oliveros H, Hotez PJ, Motoa G, Franco-Paredes C, Henao21 Martínez AF. In Search of Congenital Chagas Disease in the Sierra Nevada de 22 Santa Marta, Colombia. Am J Trop Med Hyg. 2019;101(3):482-483. doi: 23 10.4269/ajtmh.19-0110. PMID: 31264558. 24 196. Bonilla-Aldana DK, Suárez JA, Franco-Paredes C, Vilcarromero S, Mattar 25 S, Gómez-Marín JE, Villamil-Gómez WE, Ruíz-Sáenz J, Cardona-Ospina JA, 26 Idarraga-Bedoya SE, García-Bustos JJ, Jimenez-Posada EV, Rodríguez-Morales 27 AJ. Brazil burning! What is the potential impact of the Amazon wildfires on 28 vector-borne and zoonotic emerging diseases? - A statement from an international
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1 experts meeting. Travel Med Infect Dis. 2019:101474. doi: 2 10.1016/j.tmaid.2019.101474. 3 197. Henao-Martinez AF, Archuleta S, Vargas D, Franco-Paredes C. A Latin 4 American patient with a left ventricular pseudoaneurysm presenting with 5 progressive dyspnea and palpitations. Am J Med 2019; doi: 6 10.1016/j.amjmed.2019.10.006 7 198. Canfield GS, Henao-Martinez AF, Franco-Paredes C, Zhelnin K, Wyles D, 8 Gardner EM. Corticosteroids for post-transplant Immune reconstitution syndrome 9 in Cryptococcus gattii Meningoencephalitis: Case report and literature review. 10 Open Forum Infect Dis 2019; 6(11): ofz460. Doi: 10.1093/ofid/ofz460. PMID: 11 31737740. 12 199. Kon S, Hawkins K, Franco-Paredes C. Intramedullary Spinal Cord Lesions 13 in an Immunocompromised Host due to Mycobacterium Haemophilum. ID Cases 14 2019; 15 200. Franco-Paredes C, Rodriguez-Morales AJ, Henao-Rodriguez AJ, Carrasco 16 P, Santos-Preciado JI. Vaccination Strategies to prevent paralytic poliomielitis due 17 to cVDPV2. Lancet Infect Dis 2019; 18 201. Motoa G, Pate A, Franco-Paredes C, Chastain D, Henao-Martinez Aj, Hojat 19 L. Use of procalcitonin to guide discontinuation of antimicrobial therapy in 20 patients with persistent intra-abdominal collections: A case series. Case Rep Infect 21 Dis 2019; 22 202. Murillo-Garcia D, Galindo J, Pinto N, Motoa G Benamu E, Franco-Paredes 23 C, Chastain D, Henao-Martinez AF. Anaerobic bacteremias in left ventricular 24 assist devices and advanced heart failure. Case Rep Infect Dis 2019; 25 204. Franco-Paredes, C, Villamil-Gómez Wilmer E., Schultz, J, Henao-Martínez 26 AF, Parra-Henao, G, Rassi Jr. A, Rodriguez-Morales AJ, Suarez JA. A Deadly 27 Feast: Elucidating the Burden of Orally Acquired Acute Chagas Disease in Latin 28
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1 America - Public Health and Travel Medicine Importance. Trav Med Infect Dis 2 2020; 3 205. Reno E, Quan N, Franco-Paredes C, Chastain DB, Chauhan L, Rodriguez4 Morales AJ, Henao-Martinez A. Prevention of Yellow Fever in Travelers: An 5 Update. Lancet Infect Dis 2020; 6 206. Franco-Paredes C, Griselda Montes de Oca Sanchez, Cassandra White. 7 Global Leprosy Status 2020: Still Losing Touch. Ann Acad Med Singapore 2020; 8 207. Basco SA, Steele GM, Henao-Martinez AF, Franco-Paredes C, Chastain 9 DB. Unexpected etiology of a pleural empyema in a patient with chronic 10 lymphocytic leukemia (CLLL): Capnocytophaga ochracea. ID Cases 2020: Mar 11 20;20:e00747. doi: 10.1016/j.idcr.2020.e00747. eCollection 2020. 12 208. Rodriguez-Morales AJ, Gallego V, Escalera-Antezana JP, Mendez CA, 13 Zambrano LI, Franco-Paredes C, Suarez JA, Rodriguez-Enciso HD, Balbin14 Ramon GH, Savio-Larriera E, Risquez A, Cimerman S. COVID-19 in Latin 15 America: The implications of the first confirmed case in Brazil. Travel Med Infect 16 Dis 2020; doi: 10.1016/j.tmaid.2020.101613. 17 209. Rodríguez-Morales AJ, Cardona-Ospina JA, Gutiérrez-Ocampo E, 18 Villamizar-Peña R, Holguin-Rivera Y, Escalera-Antezana JP, Alvarado-Arnez LE, 19 Bonilla-Aldana DK, Franco-Paredes C, Henao-Martinez AF, Paniz-Mondolfi A, 20 Lagos-Grisales GJ, Ramírez-Vallejo E, Suárez JA, Zambrano LI, Villamil-Gómez 21 WE, Balbin-Ramon GJ, Rabaan AA, Harapan H, Dhama K, Nishiura H, Kataoka 22 H, Ahmad T, Sah R, On behalf of the Latin American Network of Coronavirus 23 Disease 2019-COVID-19 Research (LANCOVID-19) (www.lancovid.org). 24 Clinical, Laboratory and Imaging Features of COVID-19: A systematic review and 25 meta-analysis. Travel Med Infect Dis 2020; 26 210. Meyer J, Franco-Paredes C, Yaizal F, Gartland M, Parmar P. COVID-19 27 and the Coming Plague in U.S. Immigration Detention Centers. Lancet Infect Dis 28 2020;
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1 211. Franco-Paredes C. Albert Camus’ ‘The COVID-19 Plague” Revisited. Clin 2 Infect Dis 2020 Apr 17. pii: ciaa454. doi: 10.1093/cid/ciaa454 3 212. Pritchett MA, Oberg CL, Belanger A, De Cardenas J, Cheng G, Cumbo 4 Nacheli G, Franco-Paredes C, Singh J, Toth J, Zgoda M, Folch E. Society for 5 Advanced Bronchoscopy Consensus Statement and Guidelines for bronchoscopy 6 and airway management aid the COVID-19 pandemic. J Thorac Dis 2020 | 7 http://dx.doi.org/10.21037/jtd.2020.04.32. 8 BOOK CHAPTERS: 9 Franco-Paredes C, Albrecht H. Anisakiasis (2007). In: Antimicrobial Therapy 10 and Vaccines; Volume I: Microbes (www.antimicrobe.org), Yu VL, et al. (Ed). 11 ESun Technologies, Pittsburgh, PA. 2007. 12 Franco-Paredes C, Albrecht H. Visceral Larva Migrans (2007). In: Antimicrobial 13 Therapy and Vaccines; Volume I: Microbes (www.antimicrobe.org), Yu VL, et al. 14 (Ed). ESun Technologies, Pittsburgh, PA. 2007. 15 Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: Eds: 16 Kozarsky P, Arguin P, Reed C. Yellow Book: Health Information for Travelers 17 2007-2008, Centers for Disease Control and Prevention, Elsevier Ltd. 18 Franco-Paredes C. The Post-travel Period. In: Eds: Kozarsky P, Arguin P, Reed 19 C. Yellow Book: Health Information for Travelers 2007-2008, Centers for Disease 20 Control and Prevention, Elsevier Ltd. 21 Hidron A, Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: 22 Eds: Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health 23 Information for Travelers 2009-2010, Centers for Disease Control and Prevention, 24 Elsevier Ltd, 2009. ISBN: 978-0-7020-3481-7. 25 Franco-Paredes C. General Approach to the Returned Traveler. In: Eds: 26 Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information 27 for Travelers 2009-2010, Centers for Disease Control and Prevention, Elsevier Ltd, 28 2009. ISBN: 978-0-7020-3481-7.
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1 Franco-Paredes C. Asymptomatic Screening of the Returned Traveler. In: Eds: 2 Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information 3 for Travelers 2009-2010, Centers for Disease Control and Prevention, Elsevier Ltd, 4 2009. ISBN: 978-0-7020-3481-7. 5 Franco-Paredes C, Santos-Preciado JI. Introduction of Antimicrobial Agents in 6 Poor-Resource Countries: Impact on the Emergence of Resistance. In: 7 Antimicrobial Resistance in Developing Countries. Ed. Byarugaba DK, Sosa A. 8 Springer Science & Business Media, 2010. 9 Hidron A, Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: 10 Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for 11 Travelers 2011-2012. Centers for Disease Control and Prevention, Elsevier Ltd, 12 2011. ISBN: 978-0-7020-3481-7. 13 Franco-Paredes C, Hochberg N. General Approach to the Returned Traveler. In: 14 Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for 15 Travelers 2011-2012, Centers for Disease Control and Prevention, Elsevier Ltd, 16 2011. ISBN: 978-0-7020-3481-7. 17 Franco-Paredes C. Asymptomatic Screening of the Returned Traveler. In: Eds: 18 Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 19 2011-2012, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. 20 ISBN: 978-0-7020-3481-7. 21 Hochberg N, Franco-Paredes C. Emerging Infections in Mobile Populations. In: 22 Emerging Infections 9. Ed. Scheld WM, Grayson ML, Hughes JM. American 23 Society of Microbiology Press 2010. ISBN. 978-1-55581-525-7. 24 Franco-Paredes C, Chagas Disease (American Trypanosomiasis). In: Farrar J, 25 Hotez P, Junghanss T, Kang G, Lalloo D, White NJ. Manson’s Tropical Medicine 26 23rd Edition, Elsevier, London, U.K., 2014. 27 28
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1 Franco-Paredes C, Keystone J. Fever in the Returned Traveler. In: Empiric,

2 Antimicrobial Therapy and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed).

3 ESun Technologies, Pittsburgh, PA, 2014.

4 Franco-Paredes C. Mycobacterium leprae (Leprosy). In: Antimicrobial Therapy

5 and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies,

6 Pittsburgh, PA, 2015

7 Franco-Paredes C, Albrecht H. Anisikasis In: Antimicrobial Therapy and

8 Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies,

9 Pittsburgh, PA, 2015.

10 Franco-Paredes C. Illness and Death in the Universe. In: Narrative Medicine

11 Anthology. Ed: Tom Janisse. The Permanente Press, Oakland, California, Portland

12

Oregon, 2016,

13 pp. 23-25. ISBN: 978-0-9770463-4-8.

14 Villamil-Gomez W, Reyes-Escalante M, Franco-Paredes C. Severe and

15 complicated malaria due to Plasmodium vivax. In: Current Topics in Malaria. Ed:

16 Rodriguez-Morales AJ. ISBN 978-953-51-2790-1, Print ISBN 978-953-51-2789-5.

17 InTechOpen 2016.

18 Franco-Paredes C. Mycobacterial Infections of the Central Nervous System. In:

19 The Microbiology of the Central Nervous System Infections. Ed. Kon K, Rai M.

20 Elsevier 2018. ISBN 978-0-12-813806-9

21 Franco-Paredes C. Leprosy. In: Neglected Tropical Diseases. Drug Discovery

22 and Development. Ed: Swinney D, Pollastri. Wiley-VCH Verlag GmbH &

23 Co. KGaA, 2019.

24 Franco-Paredes C, Henao-Martinez AJ. Legal Perspectives in Travel Medicine.

25 In: Eds: Kozarksy P, Weinberg M. Yellow Book: Health Information for Travelers

26 2019-2020, Centers for Disease Control and Prevention, Elsevier Ltd, 2011.

27 ISBN: 978-0-7020-3481-7.

28 Franco-Paredes C. Prevención de la transmisión. In: Guerrero MI, Hernández CA

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1 y Rodríguez G Editores La lepra: una enfermedad vigente. Centro Dermatológico

2 Federico Lleras Acosta Bogotá DC, Colombia. Panamericana Formas e Impresos.

3 2019. p. 309-322.

4

5 Published Abstracts in Peer-Reviewed Journals:

6 Kleinschmidt-DeMasters B, Hawkins K, Franco-Paredes C. Non-tubercular

7 mycobacterial spinal cord abscesses in an HIV plus male due M. haemophilum. J

8 Neuropathol Experim Neurol 2018; 77(6): 532.

9 Pate A, Franco-Paredes C, Henao-Martinez A. Cryptococcal meningitis: A

10 comparison of clinical features and outcomes by HIV Status. Open Forum Infect

11 Dis 2019; Oct 6 (Suppl 2): S629-S630. PMC6809090.

12

13

14 FORMAL TEACHING

15 Medical Student Teaching

16 2001 - 2002 Clinical Methods, Emory University School of Medicine

17 II. 2001 - 2002 CLINICAL INSTRUCTOR HARVEY CARDIOLOGY

18

COURSE, EMORY UNIVERSITY SCHOOL OF MEDICINE

19 2001 - 2002 Problem-Based Learning for Second year Medical Students, EUSM

20 2005-2011 Clinical Methods Preceptor, ECLH

21 2006-2008

Medical Spanish - Instructor for M2, EUSM

22 2006-2007 Directed Study on Social Determinants of Infectious Diseases for M2

23

students (Lindsay Margolis and Jean Bendik), EUSM

24 2007-2011 Instructor - Global Health for M2 Students, EUSM

25 2007-2008 Presentation-Case Discussion – Social Determinants of Diseases –

26

Coordinated by Dr. Bill Eley – Emory School of Medicine New

27

Curriculum.

28

53

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 55 of 58 Page ID #:569

1 2018-

Small Group: Parasitic Diseases, Microbiology Course for First Year

2

Medical Students, University of Colorado, Anschutz Medical Center.

3 2019-

MS-2 Small group discussion Microbiology, University of Colorado,

4

Anschutz Medical Center: Parasitic Diseases, CNS Infections, Septic

5

Arthritis-Cat Bite

6 2019-

Class Global Health and Underserved Populations of the New SOM

7

CU Curriculum. Course Co-Director. Pilot Class (Jan 6-Jan 17, 2020).

8 2020-

MS-2 Small group discussion Microbiology, University of Colorado,

9

Anschutz Medical Center: Parasitic Diseases, CNS Infections, Septic

10

Arthritis-Cat Bite

11 Graduate Program

12 Training programs

13 2006-2011 Professor - GH511 (Global Health 511) International Infectious

14

Diseases Prevention and Control, Rollins School of Public Health

15 2009-2011 Professor – GH500 D – Key Issues in Global Health, Career MPH

16

Program

17 2006-2011 Thesis Advisor to students Global Health Track – Hubert Department

18

of Global Health, Rollins School of Public Health of Emory

19

University

20 2008-2011 Coordinator International Exchange between Rollins School of Public

21

Health and National Institute of Public Health, Cuernavaca, Mexico –

22

Supported by the Global Health Institute of Emory University

23 Residency and Fellowship Program:

24 2004-2011 Resident Report – Noon Conferences Emory Crawford Long Hospital

25

and Grady Memorial Hospital

26 2004-2011 Didactic Lectures on Parasitic Diseases and Non-tuberculous

27

mycobacterial diseases for Internal Medicine Residents and Infectious

28

Disease Fellows

54

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 56 of 58 Page ID #:570

1 2005-2008 Coordinator Journal Club Infectious Disease Division

2 2005-2011 Travel Medicine Elective, Internal Medicine Residents (2 internal

3

residents per month)

4 2005

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

5 2006

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

6 2008

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

7 2008-2011 Journal Club Coordinator, Internal Medicine Residency Program –

8

ECLH

9 2009

Grand Rounds - EUH – Department of Medicine: “Leprosy a Modern

10

Perspective of an Ancient Disease”

11 2009

Grand Rounds – Pulmonary and Critical Care Division – Neglected

12

Tropical Diseases of the Respiratory Tract, June 16, 2009

13 2017

Grand Rounds – Leprosy, University of Colorado, Anschutz Medical

14

Center, Division of Infectious Diseases, December 2017

15 2017

Grand Rounds – Infections associated with Secondary Antiphospholid

16

Syndrome, University of Colorado, Anschutz Medical Center,

17

Division of Rheumatology,

18 2018

Didactic Session – Travel Medicine (Pretravel and Postravel)

19

Infectious Diseases Fellowship Anschutz Medical Center, Division of

20

Infectious Diseases

21 2017-

Infectious Diseases Fellows Clinic, University of Colorado, Anschutz

22

Medical Center, IDPG.

23 2019

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

24

Assistant Program, September 12, 2019, University of Colorado,

25

Anschutz Medical Center

26

27 Other categories:

28

55

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 57 of 58 Page ID #:571

1 2000-2002 Physician Assistant Supervision during Fellowship/Junior Faculty,

2

Emory University

3 2004-2007 Mentoring of four College Students to enter into Medical School

4

(Emory, Southern University, and Dartmouth):

5

Lindsay Margolis 2004-Emory University

6

Michael Woodworth 2005 – Emory University

7

Peter Manyang 2007 – Southern University

8

Padraic Chisholm 2007 – Southern University/Emory University

9 2009-2011 Project Leader. Partnership – Emory Global Health Institute –

10

University-wide - Emory Travel Well Clinic and is titled Hansen’s

11

disease in the state of Georgia: A Modern Reassessment of an Ancient

12

Disease”. http://www.globalhealth.emory.edu/fundingOpportunities/p

13

rojectideas.php. Students: 5 MPH students (RN/MPH, MD/MPH)

14 2017-

Infectious Diseases Fellowship Program, University of

15

Colorado, Anschutz Medical Center. Teaching activities

16

Inpatient and outpatient (ID Fellows Weekly Clinic)

17 2019-

Infectious Diseases Fellowship Program Director

18

University of Colorado, Aurora Colorado

19

20 Supervisory Teaching:

21 Ph.D. students directly supervised:

22 Global Health, Rollins School of Public Health - PhD Task Force Member – 2007-

23 2009

24 Residency Program:

25 Emory University: Internal Medicine Residents and Infectious Disease Fellows

26 Supervision – Inpatient Months – 3-4 months per year on Grady Wards. I

27 participated in the presentation and discussion of clinical cases, and discussion of

28 peer-reviewed journal with medical students, residents, and fellows. Overall

56

Case 2:20-cv-03760-RGK-PLA Document 13-3 Filed 04/24/20 Page 58 of 58 Page ID #:572

1 evaluations: Outstanding Teacher. (Anna Von 2005-2006; Seth Cohen 2008,

2 Susana Castrejon 2007; Lindsay Margoles 2007-2008; Jean Bendik 2006-2008;

3 Meredith Holtz 2007-2008)

4 University of Colorado, Anschutz Medical Center (since June 2017- present). Case

5 discussion in infectious diseases during clinical rounds inpatient services (ID Gold,

6 ID Blue, ID Orthopedics).

7 2004-2009 Thesis advisor – MPH Students – Hubert Department of Global Health

8 – Concentration Infectious Diseases: Brenda Thompson 2004; Katrina Hancy

9 2004; Trina Smith 2006; Melissa Furtado 2007-2008; Oidda Museru 2008-2009;

10 Hema Datwani 2010; Ruth Moro 2010; Talia Quandelacy 2010

11 2015 – Class GH511, Topic: “Leprosy” as part of the International Infectious

12 Diseases, Global Health Track, Rollins Schoolf of Public Health, Emory

13 University, Atlanta GA

14 2017 – Class GH511, Topic: “Leprosy” as part of the International Infectious

15 Diseases, Global Health Track, Rollins School of Public Health, Emory University,

16 Atlanta GA

17 2019 - Project Mentorship – Diffuse lepromatous leprosy. Undergraduate Student,

18 University of Colorado, Boulder. Mikali Ogbasselassie. Project was carried out in

19 Collaboration with the Dermatology Center of the Hospital General de Mexico.

20

Poster presentation by Mikali Ogbasselassie September 22, 2019, UMBC,

21 Baltimore, Maryland.

22

23

24

25

26

27

28

57

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 1 of 37 Page ID #:573

1 Dan Stormer, Esq., SBN 101967

2

dstormer@hadsellstormer.com Tanya Sukhija-Cohen SBN 295589

3 Theresa Zhen, Esq. SBN 300710

4 Shaleen Shanbhag SBN 301047

5

Hadsell Stormer Renick & Dai LLP 128 N. Fair Oaks Avenue

6 Pasadena, California 91103

7

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

8

9 Barrett S. Litt, SBN 45527 blitt@kmbllaw.com
10 Lindsay Battles, SBN 262862

11 Kaye, McLane, Bednarski & Litt, LLP

12

975 East Green St. Pasadena, California 91106

13 Telephone: (626) 844-7660

14 Facsimile: (626) 844-7670

15

16

Attorneys for Plaintiffs Other Counsel on Following Page

17

18

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

19 Cullors, et al., individually and as
20 class representatives

Case No. 20-cv-3760

21 22 23 vs.

Plaintiffs,

DECLARATION OF DR. JOE GOLDENSON

24 COUNTY OF LOS ANGELES, 25 SHERIFF ALEX M VILLANUEVA, 26 in his official capacity, et al,

27

Defendants.

28

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 2 of 37 Page ID #:574

1 [Additional Counsel continued from previous page]

2

3

Alec Karakatsanis* Katherine C. Hubbard, Esq. [S.B.

4 #302729]

5 CIVIL RIGHTS CORPS

6

1601 Connecticut Ave. NW, Ste. 800 Washington, DC 20009

7 Telephone: (202) 894-6126

8

Facsimile: (202) 609-8030 Email: alec@civilrightscorps.org

9

katherine@civilrightscorps.org

10 Catherine Sweetser, SBN 271142
11 Alicia Virani, SBN 281187

12 Aaron Littman, SBN 330283

13

UCLA LAW CLINICS 385 Charles E. Young Drive East

14 Los Angeles, CA 90095

15

(310) 825-9562 Email: csweetser@sshhlaw.com

16

virani@law.ucla.edu

17

littman@law.ucla.edu

18

19

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org
Andrea Woods, Esq.* AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor New York, NY 10004 Telephone: (212) 549-2528 Facsimile: (212) 607-3329 Email: awoods@aclu.org
Peter J. Eliasberg, Esq. [S.B. #189110] ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St. Los Angeles, CA 90017 Telephone: (213) 977-9500 Facsimile: (213) 977-5299 Email: peliasberg@aclu.sc.org

20

21

22

23

24

25

26

27

28

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 3 of 37 Page ID #:575

1

Declaration of Dr. Joe Goldenson

2

3 I, Dr. Joe Goldenson, declare as follows under penalty of perjury pursuant to 28 U.S.C.

4 §1746:

5

6 Background

7

8 1. I am a medical physician with 33 years of experience in correctional health

9

care. For 28 years, I worked for Jail Health Services of the San Francisco Department of Public Health. For 22 of those years, I served as the Director

10

and Medical Director. In that role, I provided direct clinical services, managed

11

public health activities in the San Francisco County jail, including the

12

management of HIV, tuberculosis, Hepatitis C, and other infectious diseases in the facility, planned and coordinated the jail’s response to H1N1, and

13

administered the correctional health enterprise, including its budget, human

14

resources services, and medical, mental health, dental, and pharmacy services.

15 2. I served as a member of the Board of Directors of the National Commission on

16

Correctional Health Care for eight years and was past President of the California chapter of the American Correctional Health Services Association.

17

In 2014, I received the Armond Start Award of Excellence from the Society of

18

Correctional Physicians, which recognizes its recipient as a representative of

19

the highest ideals in correctional medicine.

20 3. For 35 years, I held an academic appointment as an Assistant Clinical

21

Professor at the University of California, San Francisco.

22 4. I have worked extensively as a correctional health medical expert and court

23

monitor. I have served as a medical expert for the United States District Court

24

for the Northern District of California for 25 years. I am currently retained by that Court as a medical expert in Plata v. Newsom, Case No. 3:01-cv-01351

25

(N.D. Cal.), to evaluate medical care provided to inmate patients in the

26

California Department of Correctional Rehabilitation, including the detection, management, and treatment of infectious diseases in CDCR facilities. I have

27

also served as a medical expert/monitor at Cook County Jail in Chicago and

28

Los Angeles County Jail, at other jails in Washington, Texas, and Florida, and

at prisons in Illinois, Ohio, and Wisconsin.

2

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 4 of 37 Page ID #:576

1

2

5. My CV is attached as Exhibit A.

3 6. Within the preceding four (4) years, I have testified as an expert by deposition or

4

trial in the following cases:

5

 Charlotte Diana Winkler v. Madison County, Kentucky, et al., United States

6

District Court, Eastern District of Kentucky, Central Division at Lexington, Case No. 5:15-CV-45-KKC, Deposition (June 2016)

7

 Jane Doe #1, et al. v. Johnson, et al., United States District Court for the District

8

of Arizona, No. CV-15-00250-TUC-DCB, Hearing for Preliminary Injunction (November 2016)

9

 Eugene McCain v. St. Clair County, et al., United States District Court, Eastern

10

District of Michigan, Southern Division, Case No. 2:16-cv-10112 (March 2017)

11

 Jane Doe #1, et al. v. Johnson, et al., United States District Court for the District of Arizona, No. CV-15-00250-TUC-DCB, Deposition (December 2017)

12

 The Estate of Rachel M. Hammers, Deceased, et al. v. Douglas County, Kansas

13

Board of Commissioners, et al, District Court of Douglas County, Kansas at

14

Lawrence, Case No. 2:14-CV-02188-JTM-KMH, Trial (June 2018)  Jane Doe #1, et al. v. Johnson, et al., United States District Court for the District

15

of Arizona, No. CV-15-00250-TUC-DCB, Trial (January 2020)

16

17

7. I am not being compensated for my time reviewing materials and preparing this report.

18

19

8. I have been asked by attorneys representing prisoners at Los Angeles County

Jail (LACJ) to review and comment on materials in connection with a case to

20

be filed on behalf of prisoners held at LACJ regarding the conditions during

21

and preparedness for the COVID-19 pandemic.

22

9. In addition to my knowledge, training, education, and experience in the field of

23

prisoner health care and infectious diseases, and resources relied upon by

24

experts in infectious diseases and prison health, I also reviewed public health guidelines on COVID-19; as well as COVID-19 management in correctional

25

facilities, including the Centers for Disease Control and Prevention (CDC)

26

guidance on management of COVID-19 in correctional facilities, and the

27

COVID-19 Guidance for Correctional Facilities from the Los Angeles County Department of Public Health (LA DPH).

28

3

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 5 of 37 Page ID #:577

1 COVID-19

2

3 10.COVID-19 is a serious disease that has reached pandemic status. As of April

4

21, 2020, there are at least 2,397,000 confirmed cases of COVID-19 worldwide, including 751,273 cases in the United States.1 At least 162,956

5

people have died worldwide, including 35,884 in the United States. As of April

6

21, 2020 there were 33,897 confirmed cases of COVID in California and 1,227

7

reported deaths.2 These numbers have been increasing at an alarmingly rapid rate, reflecting the exponential growth of infections. Because these numbers

8

include only laboratory confirmed cases, they likely understate the actual

9

number of cases and deaths. Most medical and public health experts agree that the situation, which is already dire, will continue to worsen over the coming

10

weeks to months.

11

11.COVID-19 is a highly contagious respiratory illness. It is transmitted between

12

persons in close proximity (within about six feet) by airborne droplets released

13

by infected individuals when they cough or sneeze. The droplets can survive in

14

the air for up to three hours. It may also be possible for an individual to become infected by touching a surface or object that has the virus on it and

15

then touching his or her own mouth, nose, or possibly eyes. Infected droplets

16

can survive on surfaces for variable lengths of time, ranging from up to four hours on copper, to 24 hours on cardboard, to two to three days on plastic or

17

stainless steel.

18

19

12.Signs and symptoms of COVID-19 may appear two to 14 days after exposure and may include fever, cough, and shortness of breath or difficulty breathing.

20

In severe cases, infection can result in respiratory failure or death. The care of

21

people infected with COVID-19 depends on the seriousness of their illness. People with moderate symptoms may require hospitalization for supportive

22

treatment, including intravenous fluids and supplemental oxygen. People with

23

severe symptoms may require ventilation and intravenous antibiotics.

24

13.A significant number of infected individuals do not exhibit symptoms,

25

however, and asymptomatic individuals—either before the onset of symptoms

26

27 1 World Health Organization, Coronavirus disease (COVID-19) Situation Dashboard, World Health

28

Organization, https://experience.arcgis.com/experience/ 685d0ace521648f8a5beeeee1b9125cd (accessed Apr. 21, 2020).

2 https://www.latimes.com/projects/california-coronavirus-cases-tracking-outbreak/

4

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 6 of 37 Page ID #:578

1

or because no symptoms will ever manifest—can nevertheless transmit the

2

disease to others. According to the CDC, up to 25 percent of people infected with COVID-19 will remain asymptomatic.3 Similarly, infected individuals

3

may experience only mild symptoms. These asymptomatic and mildly

4

symptomatic individuals can, and do, transmit the virus, contributing to its

5

rapid spread. Because of the high risk of transmission by asymptomatic individuals, CDC recently recommended everyone wear a mask when they

6

leave their homes, as did the LA DPH.4

7

14.There is currently no medical treatment for COVID-19, other than supportive

8

measures. Nor is there a vaccine.

9

15.Current preventive measures seek to slow the transmission of COVID-19

10

through social distancing (keeping persons separated by at least six feet),

11

frequent handwashing, and respiratory hygiene (e.g., covering one’s mouth and

12

nose when coughing or sneezing, use of personal protective equipment), and frequent cleansing of surfaces to prevent infection and the spread of the virus.5

13

14 COVID-19 in Detention Facilities Generally

15

16

16.For multiple reasons, the risk of exposure to and transmission of infectious diseases, as well as the potential harm to those who become infected, is

17

significantly higher in jails than in the community, putting jail inmates and

18

correctional staff at high risk of becoming ill with COVID-19.

19

17.Close living quarters and often overcrowded conditions in jails, prisons, and

20

detention centers facilitate the rapid transmission of infectious diseases,

21

particularly those transmitted by airborne droplets through sneezing or coughing. In these congregate settings, large numbers of people are closely

22

23

24

3 Apoorva Mandavilli, Infected but Feeling Fine: The Unwitting Coronavirus Spreaders, N.Y. Times (Mar. 31, 2020), https://www.nytimes.com/2020/03/31/health/coronavirus-asymptomatic-

25

transmission.html. 4 Los Angeles Department of Public Health, Guidance for Cloth Face Coverings,

26 http://publichealth.lacounty.gov/media/Coronavirus/GuidanceClothFaceCoverings.pdf?utm_content=&

27

utm_medium=email&utm_name=&utm_source=govdelivery&utm_term= 5 U.S. Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus

28

Disease 2019 (COVID-19) in Correctional and Detention Facilities (“Interim Guidance”), at 8-12, https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-

detention.html.

5

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 7 of 37 Page ID #:579

1

confined and forced to share bunkrooms, bathrooms, cafeterias, and other

2

enclosed spaces. They are physically unable to practice social distancing, which the CDC has identified as a “cornerstone of reducing transmission of

3

respiratory diseases such as COVID-19.”6

4

5

18.Within these facilities, space and resource limitations—and the resulting inability of inmates and employees to practice social distancing7—make it

6

extremely difficult to effectively quell the explosive growth of a highly

7

contagious virus. The CDC has recognized that correctional and detention facilities “present unique challenges for control of COVID-19 transmission

8

among incarcerated/detained persons, staff, and visitors.”8

9

10

19.People in detention facilities typically sleep in close quarters, often sharing

multiple bunk beds in a single room. Common areas are likewise shared, but

11

by even larger groups of people. Toilets, showers, sinks, and telephones are

12

also communal, and are not adequately disinfected after each use, which is

13

especially important during the current pandemic when more frequent cleaning and disinfecting are required.9 Even in housing units where detainees sleep in

14

individual cells, or share small cells with one or more other people, common

15

areas, equipment and facilities like showers can be communal as well. Food preparation and distribution is centralized and communal, often for an entire

16

facility, with little opportunity for regular disinfection as called for by the

17

CDC’s Interim Guidance.10

18

20.During an infectious disease outbreak, people can protect themselves and

19

reduce the risk of exposure to and transmission of the disease by washing their

20

hands regularly. High touch surfaces (e.g., cell doors, switches, telephones, knobs) must also be cleaned and disinfected after each use with effective

21

bleach-based cleaning products to prevent virus spread. These preventive

22

measures are often not implemented in prisons and jails, due to the lack of

sufficient soap and/or hand sanitizer, cleaning supplies, and/or people to carry

23

out these duties in contravention of the CDC’s Interim Guidance.11

24

25

26 6 Id. at 4.

27

7 Id. at 11. 8 Id. at 2.

28

9 See id. at 9. 10 See id. at 9-10.

11 See id.

6

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 8 of 37 Page ID #:580

1 21.Housing units are commonly poorly ventilated, which facilitates the

2

transmission of airborne illnesses, such as COVID-19.

3 22.Current CDC recommendations for reducing the transmission of COVID-19 in

4

jails include screening of all newly arriving arrestees,12 quarantining all newly

5

arriving arrestees for 14 days and performing daily symptom screening and temperature checks while they are in quarantine,13 isolating any detainee with

6

any symptoms consistent with COVID-19 or with fever who is currently

7

housed in the facility,14 and the wearing of masks in congregate settings.15 These are also difficult, if not impossible, to implement in jails due to space

8

constraints, lack of sufficient respiratory isolation rooms, and lack of necessary

9

equipment and other resources, including the wide unavailability of test kits.

10

23.Testing kits are not widely available, and it can take anywhere from a few days

11

to a week to obtain test results. And, someone who is tested shortly after he or

12

she was infected may test negative. Non-test based verbal screens—i.e., asking a person for a subjective report of symptoms—cannot adequately screen for

13

new, asymptomatic or pre-symptomatic infections. COVID-19 has a typical

14

incubation period of two to fourteen days, most commonly five days, and transmission often occurs before presentation of symptoms. According to the

15

CDC, up to 25 percent of people infected with COVID-19 will remain

16

asymptomatic.16 Similarly, infected individuals may experience only mild

17

symptoms. These newly infected, asymptomatic and mildly symptomatic individuals can, and do, transmit the virus, contributing to its rapid spread. As

18

a result, such inadequate screening presents a critical problem. The possibility

19

of asymptomatic transmission means that monitoring staff or incarcerated people for fevers is inadequate to identify all who may be infected and

20

preventing transmission. Because of the problems with screening procedures,

21

the risk of false negative tests, the unavailability of test kits and the delays in

obtaining test results, one necessary means to prevent the introduction of

22

COVID-19 into the jails by someone who is arrested is to quarantine all

23

24

25

12 See id 13 See id. at 14.

26 14 See id. at 15.

27

15 See CDC, Recommendations for Cloth Face Covers, https://www.cdc.gov/coronavirus/2019ncov/prevent-getting-sick/cloth-face-cover.html.

28

16 Apoorva Mandavilli, Infected but Feeling Fine: The Unwitting Coronavirus Spreaders, N.Y. Times (Mar. 31, 2020), https://www.nytimes.com/2020/03/31/health/coronavirus-asymptomatic-

transmission.html.

7

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 9 of 37 Page ID #:581

1

arrestees for 14 days and monitor them daily for symptoms and fever before

2

they are deemed safe to introduce into the general population of the jail.

3 24.In detention facilities, groups of persons are often moved from space to space,

4

for example, from a dormitory to a cafeteria, from one facility to another, or

5

from a facility to central holding area for court appearances. These group movements, which cluster large numbers of people together in small spaces,

6

increase the risk of transmission between incarcerated persons and throughout

7

the facility or from one facility to another. Additionally, detention facilities often rely on detainees to perform work that supports the operation of the

8

facility, such as food service, laundry, and cleaning. To perform these work

9

assignments, the detainees typically travel from their housing units to other

parts of the facility.

10

11

25.Correctional Officers and other detention facility staff routinely have direct

12

physical contact with detainees, especially when handcuffing or removing

13

handcuffs from detainees who are entering or exiting the facility. Correctional Officers and facility staff members also move around within the facility, which

14

creates opportunities for transmission both among staff in different parts of the

15

facility and transmission to and from detainees in different parts of the facility.

16 26.Correctional facilities largely lack the robust medical care infrastructure that

17

would be necessary to deal with a COVID-19 outbreak. On-site medical

18

facilities are almost never equipped to handle an outbreak of an infectious disease. In the event of an outbreak, resources will be depleted rapidly. This

19

makes both containing the illness and caring for those who have become

20

infected much more difficult. Jails and prisons must rely on outside medical facilities (hospitals, emergency departments) to provide intensive medical care.

21

During an epidemic, these outside facilities may be over capacity themselves.

22

23

27.When an outbreak strikes a correctional facility, correctional and medical staff will become ill. They will not show up to work. These vacancies can result in

24

facilities becoming dangerously understaffed, which compromises medical

25

care. Healthcare staff who provide treatment are unavailable. Correctional staff also play a vital role in delivering medical services, by escorting prisoners,

26

responding to and alerting medical of medical emergencies, and providing

27

security to health care staff while they provide services. Their absence also compromises treatment.

28

8

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 10 of 37 Page ID #:582

1 28.If infected, jail inmates are at greater risk for harm from COVID-19 than those

2

in the general community. This is due to a number of factors including the fact that people in jails have high rates of chronic illnesses, such as diabetes, heart

3

disease, chronic lung disease, and immunosuppressive illnesses such as HIV

4

that increase the risk from COVID-19; often have had poor or absent prior

5

health care; and often have made unhealthy life-style choices, including alcohol and drug use. For these reasons, it is well accepted within the medical

6

community that jail inmates are physiologically 10 years older than their

7

chronological age. The CDC has identified the following categories of people as being particularly vulnerable to severe illness for COVID-19:

8

9

 Diabetes mellitus

10

 Lung disease including asthma or chronic obstructive pulmonary disease (chronic bronchitis or emphysema) or other chronic conditions associated

11

with impaired lung function or that require home oxygen

12

 Heart disease

13

 Blood disorders (e.g., sickle cell disease or on blood thinners)

14

 Chronic kidney disease  Chronic liver disease

15

 Compromised immune system (immunosuppression)

16

 Current or recent pregnancy in the last two weeks

17

 Endocrine disorders

18

 Metabolic disorders  Neurological and neurologic and neurodevelopment conditions [including

19

disorders of the brain, spinal cord, peripheral nerve, and muscle such as

20

cerebral palsy, epilepsy (seizure disorders), stroke, intellectual disability,

21

moderate to severe developmental delay, muscular dystrophy, or spinal cord injury]17

22

 Severe obesity18

23

24

25

26 17 U.S. Centers for Disease Control and Prevention, Implementation of Mitigation Strategies for

27

Communities with Local COVID-19 Transmission, https://www.cdc.gov/coronavirus/2019ncov/downloads/community-mitigation-strategy.pdf.

28

18 U.S. Centers for Disease Control and Prevention, Groups at Higher Risk for Severe Illness, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-at-higher-risk.html#severe-

obesity.

9

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 11 of 37 Page ID #:583

1

The CDC also deems people 65 or older to be particularly vulnerable to

2

COVID-19. However, in my professional opinion the proper figure for jail

3

inmates is 55 years old because, as I explained above, they are physiologically

4

10 years older than their chronological age. In this regard, I note that LA DPH

5

has identified incarcerated persons 50 years or older as being at high risk. See

6

LA DPH April 9, 2020 Guidance for Correctional and Detention Facilities, at

7

5.

8

9

29.Because of the conditions typically found in jails, jails often have particularly serious incidence of communicable disease. For example, during the H1N1-strain

10

flu outbreak in 2009 (known as the “swine flu”), jails and prisons experienced a

11

disproportionately high number of cases.19 As of recently, the Cook County Jail

12

in Chicago was reportedly the largest-known source of U.S. COVID-19 virus infections.20 Just recently it was reported that 78% of the approximately 2,500

13

prisoners in a prison in Ohio tested positive.21 The State of Ohio tested its

14

prisoners en masse for COVID-19 so this number includes large numbers of inmates who were asymptomatic and would otherwise not have been tested. This

15

underscores the risk of the spread of COVID-19 by asymptomatic individuals. In

16

addition, 109 staff had tested positive for COVID-19.22

17

30.For these reasons, the pandemic has prompted prisoner releases around the

18

world. France has freed 5,000 inmates, and in the United States, 3,500 have

19

been granted early release in California. In Britain, the Ministry of Justice said thousands of prisoners will be granted early release within weeks in an

20

effort to contain the spread of the virus in cells and facilities where social

21

distancing rules are impossible to maintain.23 Many cities and counties across

22

23 19 David M. Reutter, Swine Flu Widespread in Prisons and Jails, but Deaths are Few, Prison Legal

24

News (Feb. 15, 2010), https://www.prisonlegalnews.org/news/2010/feb/15/swine-flu-widespread-inprisons-and-jails-but-deaths-are-few/.

25

20 Cheryl Corley, The COVID-19 Struggle In Chicago's Cook County Jail, NPR (Apr. 13, 2020), https://www.npr.org/2020/04/13/833440047/the-covid-19-struggle-in-chicagos-cook-county-jail.

26 21Ohio Department of Rehabilitation & Correction, COVID-19 Inmate Testing Updated 4/20/2020,

27

https://drc.ohio.gov/Portals/0/DRC%20COVID-19%20Information%2004-20-2020%20%201304.pdf. 22 73% Of Inmates At An Ohio Prison Test Positive For Coronavirus, NPR (Apr. 20, 2020),

28

https://www.npr.org/sections/coronavirus-live-updates/2020/04/20/838943211/73-of-inmates-at-anohio-prison-test-positive-for-coronavirus.

23 Britain plans to free many inmates early as it reports a one-day death toll, N.Y. Times, 4/3/20.

10

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 12 of 37 Page ID #:584

1

the U.S., including San Francisco, Chicago, Cleveland and New York, are also

2

releasing prisoners to reduce the risk of COVID-19.

3 31.During an infectious disease outbreak, a containment strategy requires people

4

who have known or suspected illness be isolated and that caregivers have

5

access to personal protective equipment to protect themselves and to prevent the further transmission of the disease. During an outbreak, jails and prisons

6

are under-resourced in being able to provide medically appropriate housing for

7

persons with known or suspected infectious illness, and are often underequipped to provide sufficient personal protective equipment, increasing

8

the risk of a widespread outbreak.

9

32.Isolation is a complex and major concern in correctional facilities. In some

10

prisons and jails, the only cells with solid doors for quarantine will be

11

disciplinary or administrative segregation cells, which usually house people

12

placed in solitary confinement. Moving people suspected of contracting COVID-19 – or those at high risk of suffering serious illness once infected - to

13

segregation units may help quell the potentially devastating spread of illness.

14

However, isolation of people who are ill using solitary confinement is not a completely effective way to prevent transmission of the virus because, except

15

in specialized negative pressure rooms (rarely in medical units if available at

16

all), air continues to flow outward from isolation cells to the rest of the facility.

17

Segregation cells bring their own physical and mental health risks. They are most commonly used to punish people and may cause substantial

18

psychological trauma and distress. Those with serious mental illness are at

19

heightened risk when placed in isolation. Therefore, placing high-risk or laboratory-confirmed patients with COVID-19 in cells usually used for solitary

20

confinement will likely deter others from reporting symptoms or seeking

21

medical attention, thus quickly hastening the spread of the disease as

22

symptomatic prisoners will not report themselves to staff and will remain in congregate settings. Additionally, these cells often lack intercoms or other

23

means of communicating with a correctional officer or medical provider when

24

patients are in need of help, resulting in decreased medical attention and increased risk of death. This may further increase patients’ concerns that they

25

will suffer, not get the care they need in a timely manner, and die in such

26

rooms. For these reasons, it is unrealistic to believe that an effective prevention, mitigation, and treatment response to COVID-19 in correctional

27

facilities can rely upon conditions that incarcerated people are likely to

28

11

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1

experience as punitive. When such housing cells must be used for short-term

2

quarantine and isolation patients should have full access to telephone or tablet communication with family and friends on the outside and access to personal

3

property, personal hygiene supplies and access to canteen.24

4

5

33.In sum, current CDC recommendations for social distancing, frequent hand washing, frequent cleansing of surfaces, symptom screening, temperature

6

checks and isolation to prevent infection and the spread of the virus are

7

extremely difficult, if not impossible, to implement in county jails. As a result, the risk of COVID-19 transmission is far greater than in non-custodial

8

institutions.

9 10 CONDITIONS IN JAILS POSE SIGNIFICANT RISK OF TRANSMISSION OF 11 COVID-19 IN THE COMMUNITY OUTSIDE THE JAILS

12

13

34.The conditions in jails pose very significant risk of transmission of

communicable diseases like COVID -19 not only to inmates, employees and

14

volunteers in the jails, but also to the community as a whole. It has long been

15

known that jails, prisons, and detention centers can be hotbeds of disease

16

transmission, and that due to the frequent ingress and egress of employees at these facilities, an outbreak within a jail, prison, or detention center can

17

quickly spread to surrounding communities. While jails are often thought of as

18

closed environments, this is not the case. Custody, medical, and other support staff and contractors enter and leave the facility throughout the day. New

19

arrestees arrive daily. Since there is no effective way to screen for newly

20

infected or asymptomatic individuals, they can unknowingly transmit COVID-

21

19 to the jail population. Jail inmates are often transferred between housing units, to other facilities, and to and from Court. This further increases the

22

likelihood of transmission of COVID-19. When there is an outbreak in a jail,

23

staff can become infected and bring the virus home to their families and community. For example, the tuberculosis epidemic that broke out in New

24

York City in the early 1990s began in jails and was spread to the community

25

by jail employees who became infected and then returned home.

26

27

28

24 Brie Williams, MD, et al., Correctional Facilities In The Shadow Of COVID-19: Unique Challenges And Proposed Solutions, Health Affairs, 3/26/20,

https://www.healthaffairs.org/do/10.1377/hblog20200324.784502/full

12

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 14 of 37 Page ID #:586

1 35.It is difficult to overstate the devastation that a COVID-19 outbreak could

2

inflict on the county jail and its surrounding communities. At Rikers Island in New York, between the mornings of Wednesday, April 1 and Thursday, April

3

2, the number of COVID-19 positive incarcerated individuals and staff

4

members grew by 47 and 57 people, respectively, upping the jail’s total

5

numbers of confirmed cases to 231 among the incarcerated population and 223 among staff.25 The first known case of COVID-19 at Rikers was confirmed on

6

Wednesday, March 18,26 illustrating just how quickly this disease can and will

7

overwhelm detention facilities.

8 36.I am aware that cases of COVID-19 have been reported among either inmates,

9

correctional staff or both in at jails in at least ten counties in California – Los Angeles, San Francisco, Orange, Santa Clara, Alameda, Riverside, Contra

10

Costa, Santa Barbara, San Bernardino, and San Diego. In seven of those

11

counties, Santa Clara,27 San Diego,28 Riverside,29 Kern,30 Los Angeles,31

12

Orange,32 and Santa Barbara33, there are reports of correctional staff testing

13

14 25 Julia Craven, Coronavirus Cases Are Spreading Rapidly on Rikers Island, Slate (Apr. 2, 2020),
https://slate.com/news-and-politics/2020/04/rikers-coronavirus-cases-increase.html.
15 26 As Testing Expands, Confirmed Cases of Coronavirus in N.Y.C. Near 2,000 N.Y. Times (Mar. 18,

16

2020), , https://www.nytimes.com/2020/03/18/nyregion/coronavirus-new-york-update.html. 27 Kerry Crowley, Eight more inmates have COVID-19 at Santa Rita Jail, seven others await test

17 results, The Mercury News (Apr. 8, 2020), https://www.mercurynews.com/2020/04/08/eight-more-
inmates-have-covid-19-at-santa-rita-jail-seven-others-await-test-results/.
18 28 Jeff McDonald, Four San Diego sheriff’s employees have tested positive for the COVID-19 virus,

19

The San Diego Union-Tribune (Apr. 3, 2020), https://www.sandiegouniontribune.com/news/watchdog/story/2020-04-03/four-sheriffs-employees-jail-

20 inmate-test-positive-for-covid-19-department-says.

21

29 City News Service, Riverside Sheriff’s Deputy Dies, 25 Other Employees Infected with Coronavirus, NBC 4 Los Angeles (Apr. 2, 2020), https://www.nbclosangeles.com/news/coronavirus/drastic-aspects-

22

of-covid-19-riverside-sheriffs-deputy-dies-25-other-employees-infected-with-coronavirus/2340074/. 30 Madi Bolanos, Kern County Sheriff’s Staff And Inmates Test Positive For COVID-19, Valley Public

23 Radio News (Apr. 7, 2020), https://www.kvpr.org/post/kern-county-sheriffs-staff-and-inmates-test-

24

positive-covid-19. 31 Alene Tchekmedyian, A member of the nursing staff at L.A. County jails who died last week had

25

COVID-19, LA Times (April 8, 2020), https://www.latimes.com/california/story/2020-0408/coronavirus-la-county-jails-twin-towers.

26 32 Tony Saavedra, Full quarantine imposed at Orange County central jail after 4 more inmates contract

27

coronavirus, The Orange County Register (Apr. 7, 2020), https://www.ocregister.com/2020/04/07/fullquarantine-imposed-at-orange-county-central-jail-after-4-more-inmates-contract-coronavirus/.

28

33 Brian Osgood, Worker at County Jail Tests Positive for COVID-19, The Santa Barbara Independent (Mar. 17, 2020), https://www.independent.com/2020/03/17/worker-at-county-jail-tests-positive-for-

covid-19/.

13

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 15 of 37 Page ID #:587

1

positive. Given the speed with which the virus is being transmitted, the rapidly

2

growing number of cases across the state, and the regular movement of corrections staff in and out of the jails, it is inevitable that there will be cases of

3

COVID-19 in most if not all the jails without very significant reductions in the

4

jail population and other steps to prevent the transmission of the disease and

5

that those outbreaks in the jails will lead to further rapid transmission within the communities around the jails.

6

7

37.Moreover, once COVID-19 spreads throughout a jail, the burden of caring for these sick individuals will shift to local community medical facilities. This

8

burdening of community medical systems will reduce the availability of

9

intensive care units or trained infectious disease practitioners, personal

protective equipment and other life-sustaining supplies for the county as a

10

whole, thus increasing the health risks to COVID-infected citizens of the

11

county.

12 13 SPECIFIC ISSUES REGARDING LOS ANGELES COUNTY JAIL AND COVID14 19

15

38.Above, I have addressed issues that are essentially inherent in the COVID-19 risks

16

associated with being incarcerated in virtually any jail setting, including the Los

17

Angeles County Jail (LACJ). However, there are several issues specific to LACJ. LACJ is the largest county jail system in the United States. It is comprised of

18

multiple facilities, including Men’s Central Jail (MCJ), Century Regional

19

Detention Facility (CRDF) (the women’s jail), Twin Towers Correctional Facility

20

and Pitchess Detention Center, which is comprised of four different facilities including the North County Correctional Facility (NCCF). Based on my review of

21

the materials in this case, my experience working on public health in jails, and my

22

review of medical literature, it is my professional opinion that persons placed in the Los Angeles jails are at an unreasonable risk of serious harm from COVID-19.

23

24

39.While the Los Angeles Sheriff’s Department (LASD) has reduced the jail

25

population by approximately 30%, this reduction is insufficient to enable social distancing. I understand that the Population Management Bureau (PMB) and

26

Correctional Health Services have been working to assess individuals for release

27

and to identify all medically vulnerable persons, including all persons over 55. Nonetheless, LASD’s jail facilities remain near their rated capacities, i.e., the

28

14

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 16 of 37 Page ID #:588

1

maximum number of inmates that should be housed in that jail facility.34

2

Moreover, the rated capacity of a facility does not account for a pandemic like COVID-19. The failure to adequately reduce the jail population results in

3

medically vulnerable individuals being unable to maintain social distancing from

4

other potentially infected persons, leaving these medically vulnerable prisoners at

5

very high risk of severe illness or death. In fact, the reductions in jail population have been insufficient to implement social distancing measures essential to

6

mitigate the risk of transmission of the disease. Further, the sheer number of

7

prisoners currently held at the jail compromises the ability of jail officials to address the risks associated with COVID-19. It is axiomatic that the fewer

8

prisoners the jail, the less the risk of transmission of the disease, and the less strain

9

there is on the jail’s medical care system.

10

40.The Los Angeles Department of Public Health (LA DPH) has issued guidance to

11

the Los Angeles Sheriff’s Department (LASD), detailing the specific steps to be

12

taken to mitigate the spread of the virus.35 The LA DPH’s recommendations align with CDC guidelines in a number of areas, and include, but are not limited to:

13

requiring staff to wear masks and gloves at all times, providing soap available at

14

no cost, providing liquid soap available when possible, providing paper towels, providing tissues at no cost, providing no-touch trash receptacles, ensuring access

15

to running water, providing masks to symptomatic persons, enabling social

16

distancing, positioning beds at least six feet apart, increasing cleaning of common

17

spaces, eliminating appointment co-pays, reducing the jail population in order to abide by social distancing guidelines, and prioritizing early release of medically

18

vulnerable individuals. The current practices at LACJ do not comply with the

19

CDC or LA DPH guidelines in a number of important respects.

20 41.I have reviewed the LASD’s announced COVID-19 policies and guidelines,

21

which I find wholly inadequate. With regard to new jail admittees, LASD

22

“screen[s] incoming inmates outside before entering the Inmate Reception

23

Center (IRC) facility. Inmates brought to the IRC who responded “yes’ to

24

the screening questions or displayed symptoms were masked and isolated in

25 34LASD Custody Division Rated Capacity Report, December 2019,

26 https://lasd.org/transparency%20data/custody%20reports/Custody%20Division%20Population%20201

27

9%20Fourth%20Quarter%20Report.pdf, p. 11. 35 Los Angeles County Department of Public Health, Guidance for Correctional and Detention

28

Facilities (Apr. 9, 2020), http://publichealth.lacounty.gov/media/Coronavirus/GuidanceCorrectionalDetentionFacilities.pdf (last

visited Apr. 12, 2020).

15

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 17 of 37 Page ID #:589

1

the on-site Correctional Treatment Center (CTC). Newly arrived arrestees

2

who were asymptomatic, but who reported close contact with infected people, were masked and placed in quarantine if appropriate. Inmates who

3

display symptoms or reported close contact with infected people, in the

4

future will be isolated or quarantined as appropriate.”

5

(https://lasd.org/covid19updates/#custody)

6 42.This is inadequate. As I previously indicated, some 25% of infected people are

7

asymptomatic, and asking them screening questions will fail to identify them so they can be isolated, tested, and treated if positive. Also, symptom screening

8

alone is ineffective since it may take several days after becoming infected for

9

symptoms to appear. Therefore, all new admittees should be quarantined for 14

days and monitored on at least a daily basis for fever and symptoms of COVID-19

10

so that those who are infected will no long carry the virus (and those who become

11

infected remain separated) before being placed in a housing unit with other

12

prisoners who are not infected. Without quarantining all newly-admitted prisoners, it is inevitable that some percentage of new admittees will carry the

13

virus and infect others housed in the jail. By LASD’s own description, the intake

14

screening process only addresses symptomatic people or those known to have in contact with infected people when entering the jail.

15

16 43.CDC recommends screening all staff daily on entry into the facility for COVID-19

17

symptoms and close contact with cases, and the provision of temperature checks. Currently, it is my understanding that staff are not being screened daily for

18

symptoms and given daily temperature checks. This measure is necessary to

19

ensure that jail staff do not spread the disease inside the jail. As of April 19, 2020, the LASD website only says that they are monitoring and encouraging people to

20

self-report. Those measures are not sufficient when many cases of COVID-19 are

21

mild yet still highly contagious. See https://lasd.org/covid19updates/#custody.

22

44.I have been provided numerous inmate declarations (which I am advised are being

23

provided to the court). Based on the information in these declarations, many of the

24

CDC and LA DPH recommended measures have not been implemented across LA County jails. These declarations indicated several significant problems that are not

25

being, or are inadequately being, addressed by LASD, which I discuss in the

26

following paragraphs.

27 45.Social distancing is the single most important tool in preventing transmission of

28

the virus. For this reason, both the CDC and LA DPH recommend housing as

many incarcerated persons as possible in cell units, instead of dormitories where

16

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 18 of 37 Page ID #:590

1

social distancing is not feasible. However, the LASD continues to house

2

thousands of persons in crowded dorms where they cannot possibly maintain six feet of distance between themselves and others. At least several jail facilities,

3

including North County Correctional Facility (NCCF) and Men’s Central Jail

4

(MCJ), house jail prisoners in dormitory units where dozens of triple bunk beds

5

are placed as close as three feet apart. Even if LASD directs individuals to sleep head to foot, they remain less than six feet apart. They remain in similarly close

6

proximity while eating, walking, and sitting at their bunks. Prisoners who are

7

particularly vulnerable to severe illness for COVID-19 per CDC guidelines are housed in, or have been told they will be transferred to, large dormitories where

8

they will be exposed to a greater risk of COVID-19 spread.

9

46.LASD is responsible for the transport of incarcerated individuals to and from their

10

court dates in courthouses across Los Angeles County. At various stages of the

11

transport process, LASD deputies handcuff incarcerated individuals who are

12

housed in different jail facilities to one another, facilitating the exchange of respiratory vapors and droplets between prisoners of different jails. LASD also

13

temporarily holds incarcerated people from all different jails in small enclosed

14

cells, 20 to 30 individuals per cell, in the courthouses, thereby increasing the risk of inter-facility spread. Due to the small size of the holding cell and the large

15

numbers of people in them, if someone in the holding tank is positive for COVID-

16

19, the disease can readily spread in the enclosed confined space.

17

47.In addition, inmates are not kept far enough apart while being taken to attorney

18

visits. One inmate reported being ordered to stand less than 6 feet apart while

19

being held in a confined space on the way to his attorney visit. At least one person in the space was coughing. Nor are inmates isolated during transportation

20

for medical care visits. Multiple inmates are made to share the same van and

21

transport.

22

23

48.Hand hygiene – washing one’s hands several times a day – is a critical component of stopping the spread of the virus. According to the declarations I reviewed,

24

LASD does not reliably and consistently supply prisoners with free soap and other

25

hand hygiene necessities. At MCJ, many jail detainees apparently receive a onetime provision of one small bar of soap that is insufficient for the routine

26

handwashing and showering. Once they have used this soap, they are required to

27

buy additional bars from the commissary (assuming they have funds). Even in cells or dorms where soap is provided, few detainees have access to paper towels

28

or hand dryers. These practices do not comply with basic CDC/LA DPH

17

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 19 of 37 Page ID #:591

1

recommendations to provide unlimited no-cost soap (liquid where possible).

2

These inadequacies facilitate the rapid spread of COVID-19 within the jail.

3 49.Similarly, LASD apparently does not ensure that high touch surfaces, which

4

should be cleaned with EPA-registered disinfectants effective against the COVID

5

19 virus several times per day, are so cleaned. These are also CDC/LA DPH recommendations, especially for common areas. In all jail facilities, LASD

6

incarcerated persons share a limited number of phones and communal tables

7

within dayrooms and dormitories. According to the declarations, LASD does not ensure these areas are routinely disinfected nor do they provide incarcerated

8

persons with the supplies to disinfect phones and high touch areas on their own.

9

Because the virus can survive on inanimate objects, the jail’s failure to clean

regularly high-touch surfaces increases the risk of transmission.

10

11 50.The failure to clean and disinfect shared surfaces is even more concerning given

12

the conditions in which incarcerated persons are forced to live. Many jail detainees, particularly those in dormitories, must share communal phones,

13

exercise equipment, railings, sinks, showers, and toilets. They are not cleaned or

14

disinfected between each use, and the LASD does not provide supplies for disinfection or cleaning between each use. At some facilities, prisoners receive

15

clean towels and bedding only once a month. As public health officials have long

16

recognized, such substandard hygiene conditions are known to contribute to the

17

spread of viruses.

18 51.Access to personal protective equipment still appears to be a serious problem for

19

staff and incarcerated persons alike. On the early morning of April 10th, LASD distributed face coverings (non-medical masks) throughout at least some facilities,

20

consistent with CDC guidance and City of Los Angeles orders requiring face

21

coverings in public spaces. (As of April 13th, NCCF had not provided masks to

persons in dorms). LASD provided no information as to when they will provide

22

new clean masks nor any instruction on how to routinely wash masks consistent

23

with CDC recommendations. LASD has not provided appropriate personal

24

protective equipment to incarcerated persons required to clean spaces where confirmed and suspected COVID-19 patients have spent time. Incarcerated

25

persons in fact report that they are required to clean such contaminated spaces

26

without adequate gowns, coveralls, or masks. Jail staff also fail to consistently wear masks to help ensure the protection of the entire detainee and staff

27

populations.

28

18

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 20 of 37 Page ID #:592

1 52.The CDC has recommended that cloth face coverings be changed often and

2

washed at least daily. The CDC guidance on jail settings refers the jailer to the CDC’s document entitled “Interim Infection Prevention and Control

3

Recommendations for Patients with Suspected or Confirmed Coronavirus Disease

4

2019 (COVID-19)” (Updated April 13, 2020) in Healthcare Settings infection

5

control protocols, which notes that cloth face coverings “should be changed if they become soiled, damp, or hard to breathe through, laundered regularly (e.g.,

6

daily and when soiled), and, hand hygiene should be performed immediately

7

before and after any contact with the cloth face covering.” Providing each inmate only one mask makes it more difficult for them to launder, clean, and change

8

masks when they “become saturated with respiratory secretions.” I have seen no

9

evidence that these guidelines are being followed.

10

53.At least several incarcerated persons have reported that they were forced to share

11

enclosed spaces with persons exhibiting a dry cough and other signs of COVID-19

12

illness. The failure to promptly isolate symptomatic persons has already resulted in the spread of infection within the jail. During a transfer to a court appearance,

13

one detainee was placed in a holding cell with someone who was coughing and

14

visibly sick. Several days later, the detainee became sick herself, and after numerous requests for medical care, she obtained a test for COVID-19 (and tested

15

positive). Based on her report, and the reports of others, LASD is not promptly

16

medically isolating positive and suspected COVID-19 cases and quarantining

17

close contacts of COVID-19 cases consistent with CDC guidelines.

18 54.LACJ is also not timely testing persons with known symptoms of COVID-19.

19

Moreover, several incarcerated persons have reported that they have been unable to get a test despite exhibiting a cough and/or other symptoms. If these persons

20

were in the community, they would meet the criteria for a test for displaying

21

active symptoms of the disease. At LACJ, they are denied tests, even though by

22

reason of being jailed they pose a far higher risk of transmitting COVID-19 to others.

23

24

55.Public health guidelines require the Jail to conduct contact investigations to identify and quarantine all persons who have come into close contact with persons

25

with known or suspected COVID-19. Monitoring of close contacts should include

26

regular symptom screening and temperature checks. Quarantines should separate

high-risk and low-risk inmates. LACJ has not instituted contact investigations and

27

quarantine and monitoring practices for those in close contact with symptomatic

28

inmates consistent with public health guidelines.

19

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 21 of 37 Page ID #:593

1 56.LACJ is utilizing segregation units to house persons with known or suspected

2

COVID-19 illness. This acts to deter prisoners from reporting COVID-related symptoms, due to their fear that doing so will result in their being placed in

3

punitive isolation conditions.

4

5

57.LACJ does not provide information to all prisoners regarding symptoms of COVID-19 and prevention practices inmates should employ to reduce the risks of

6

transmission of the disease, as CDC guidance requires.

7

58.I have reviewed the Declaration of Catrina Balderamma. Ms. Balderamma has

8

attested that she has tested positive for COVID-19. There are many aspects of the

9

care she describes that raise concerns about the LACJ’s response to COVID-19

that are emblematic of the problems at LACJ and that contribute to an

10

unreasonable risk to all jail inmates.

11

12

a.

Ms. Balderamma was booked into the Jail in January 2020. For months

after her admission, she received no information about COVID-19 from

13

jail personnel as to how to protect herself from the virus.

14

b.

On March 16, 2020, Ms. Balderamma was taken to Court and placed in

a holding cell with 14 other inmates while awaiting her Court

15

appearance. One of the individuals was coughing and having difficulty

16

breathing. There was not enough space in the holding cell to maintain

17

appropriate social distancing.

c.

Ms. Balderamma began complaining of symptoms consistent with

18

COVID-19 (headache and lethargy) and requested medical care on

19

March 18, 2020. Despite submitting numerous subsequent requests to see medical because of continued symptoms (fever, chills, sweating,

20

sore throat, and continued headache) and filing a grievance on March 25,

21

2020, Ms. Balderamma was not evaluated by medical until April 1,

22

2020. All individuals with symptoms of COVID-19 need to be medically evaluated timely.

23

d.

On April 1, 2020, a physician evaluated her in the main medical clinic at

24

CRDF. At that time, her temperature was 103.8 and she was complaining of a severe headache and nausea. She was given

25

medication for her headache. She was not given a test for COVID-19

26

and was not given a mask. She was placed in a holding cell with 5 other women for 2 ½ to 3 hours and then returned to her housing unit. She

27

was placed back in her cell with her roommate. Ms. Balderamma was

28

not given a mask despite her symptoms. The cell was so small he could

20

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 22 of 37 Page ID #:594

1

not practice social distancing. Individuals with symptoms of COVID-19

2

need to be medically isolated from other detainees.

e.

Later that night, she was moved to a single cell in a disciplinary

3

segregation unit. According to her declaration, there was no toilet paper

4

or soap, she was unable to shower, and there was old food under the bed

5

and on the walls. She was denied medication when a deputy refused to open the food slot in her door and allow the nurse to deliver her

6

medication.

7

f.

The following day, or day after, Ms. Balderamma was escorted to a

vehicle for transportation to the Correctional Treatment Center (CTC) at

8

Twin Towers. However, upon arrival at the vehicle, staff was notified

9

that there were no empty beds at the CTC. Ms. Balderamma was taken

back to her cell in administrative segregation.

10

g.

The next day she was transferred to the CTC. The following day she was

11

tested for COVID-19. On or about April 9, 2010, the test came back

12

positive. Ms. Balderamma states she was treated well by the doctors and nurses in the CTC.

13

h.

On April 10, 2020, Ms. Balderamma was cleared to return to CRDF.

14

(CDC guidelines state people with COVID-19 no longer require medical isolation when they have not had a fever for at least 72 hours without the

15

use of medicine that reduces fevers, their other symptoms have

16

improved, and at least 7 days have passed since their symptoms first

17

appeared.36 The LA DPH jail guidelines list similar criteria for when staff can return to work after infection with COVID-19.)

18

i.

Upon Ms. Balderamma’s return to CRDF, she was placed back in a cell

19

in disciplinary segregation. She describes the conditions of her confinement in administrative segregation as: “While incarcerated in

20

module 1600, I am inside my cell 24 hours a day. I am not allowed to

21

make phone calls. I am served food through a slot in my door. The

deputies rarely pick up my trash so it piles up by the door. My sink is

22

clogged and fills up with dirty water when other people flush their

23

toilets. The sink is clogged with dirty water so high that I am unable to

24

place a cup under the faucet to catch the water that runs from there in order to brush my teeth or wash myself. I have not been allowed out of

25

26

27 36 CDC, Caring for Someone Sick at Home or other non-healthcare settings, 28 https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/care-for-someone.html

21

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 23 of 37 Page ID #:595

1

my cell to shower while in this module. Before I was sent to CTC I

2

received no soap while housed in 1600. It was not until April 11th that I received half a bar of soap to clean with. No one comes in to clean my

3

cell and I have no access to disinfectant. There are balls of dust

4

everywhere on the floor and the cell is incredibly disgusting.” While in

5

segregation, Ms. Balderamma has been unable to call and speak with her family. As noted above, Ms. Balderamma is reportedly no longer

6

considered to be contagious. There is no medical or public health

7

rationale for her continued isolation. Furthermore, it is not currently known whether individuals who have been infected with COVID-19 can

8

be re-infected. Placing her in a housing unit with known or suspect cases

9

potentially places her at further risk.

10

59.At least several declarants reported that they or their cellmates were forced to

11

relinquish their CPAP (continued positive airway pressure) machines, which are

12

devices required to keep one’s airways open while sleeping. The CPAP machines

13

were not replaced by any alternatives to the critical care that individuals with diagnosed sleep apnea or other obstructed breathing conditions need. At least one

14

incarcerated person with diminished lung capacity has reported having trouble

15

breathing while sleeping after confiscation of his CPAP machine.

16 60.Individuals diagnosed with asthma are housed in varying dorms and cells in

17

LACJ. One incarcerated individual with chronic asthma indicated that they have

18

difficulty accessing inhalers. He filed a request for an inhaler and he did not ultimately receive an inhaler until 10 days later, causing a delay in necessary

19

medical care.

20

61.LACJ’s inability to adequately contain COVID-19 creates higher risk for

21

medically vulnerable populations. LACJ holds persons who by reason of their age

22

and/or chronic medical condition are particularly susceptible to becoming

23

seriously ill or even dying should they become infected with COVID-19.

24 62.I have reviewed the Declaration of Albert Kirk Jones. Mr. Jones has attested that

25

he has 64 years old and has a history of respiratory illness, debilitating pneumonia, bronchitis, diminished lung capacity, breathing difficulties, and a

26

heart condition. Mr. Jones also requires the assistance of a CPAP machine at

27

night, which has been confiscated from him. Mr. Jones is medically vulnerable per CDC and public health guidelines, and therefore is at imminent risk of serious

28

illness and death should he remain at the Jail.

22

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 24 of 37 Page ID #:596

1 63.I have reviewed the Declaration of Benito Venegas. Mr. Venegas has attested that

2

he has asthma and epilepsy, which has resulted in seizures twice a month for the last ten years. Mr. Venegas is medically vulnerable per CDC and public health

3

guidelines, and therefore is at imminent risk of serious illness and death should he

4

remain at the Jail.

5

6

64.I have reviewed the Declaration of Carole Dunham. Ms. Dunham has attested that she has Type I diabetes and receives insulin shots four times a day. Ms. Dunham

7

is medically vulnerable per CDC and public health guidelines, and therefore is at

8

imminent risk of serious illness and death should she remain at the Jail.

9

65.I have reviewed the Declaration of DeNeal Young. Mr. Young has attested that he

10

suffers from severe obesity and an undiagnosed heart condition. Mr. Young is

11

confined to a wheelchair due to blood clots in his legs, which place him at risk of

heart attack, pulmonary embolism, and stroke. Mr. Young is medically vulnerable

12

per CDC and public health guidelines, and therefore is at imminent risk of serious

13

illness and death should he remain at the Jail.

14

15

66.I have reviewed the Declaration of Holly Davidson. Ms. Davidson has attested that she was diagnosed with lymphoma in February of 2016 and underwent partial

16

chemotherapy. Ms. Davidson is medically vulnerable per CDC and public health

17

guidelines, and therefore is at imminent risk of serious illness and death should she remain at the Jail.

18

19 67.I have reviewed the Declaration of Jeffrey Livotto. Mr. Livotto has attested that as

20

an asthmatic, he has suffered serious asthma attacks. Mr. Livotto is medically

21

vulnerable per CDC and public health guidelines, and therefore is at imminent risk of serious illness and death should he remain at the Jail.

22

23 68.I have reviewed the Declaration of LeAndrew Lewis. Mr. Lewis has attested that

24

he is diabetic, has high blood pressure, and has a history of bronchitis. Mr. Lewis is medically vulnerable per CDC and public health guidelines, and therefore is at

25

imminent risk of serious illness and death should he remain at the Jail.

26

27

69.I have reviewed the Declaration of Mark Avila. Mr. Avila has attested that he has

28

chronic asthma and restricted breathing that is exacerbated by delays in the jail’s provision of critical medication (e.g., inhalers). Mr. Avila is medically vulnerable

23

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 25 of 37 Page ID #:597

1

per CDC and public health guidelines, and therefore is at imminent risk of serious

2

illness and death should he remain at the Jail.

3

70.I have reviewed the Declaration of Rodney Cullors. Mr. Cullors has attested that

4

he is 58 years old and suffers from hypertension, spinal damage, and heart

5

problems. Mr. Cullors also attests that he has been diagnosed with schizophrenia,

6

bipolar disorder, and manic depression. Mr. Cullors is medically vulnerable per CDC and public health guidelines, and therefore is at imminent risk of serious

7

illness and death should he remain at the Jail.

8

71.I have reviewed the Declaration of Victor Gutierrez. Mr. Gutierrez has attested

9

that he suffers from asthma. Mr. Gutierrez is medically vulnerable per CDC and

10

public health guidelines, and therefore is at imminent risk of serious illness and

death should he remain at the Jail.

11

12

13 Population Reduction

14

15

72.It is also my professional opinion that a necessary component of bringing jails into compliance with the recommendations of the CDC and LA DPH to minimize the

16

risk of COVID -19 transmission within the jails and to the larger community is to

17

substantially reduce the population of jail facilities so that the public health guidelines can be met.

18

19 73.I am aware that LACJ has already reduced its population since the COVID

20

outbreak. However, in my professional opinion those reductions are insufficient to enable the recommendations of the CDC guidelines, particularly with respect to

21

social distancing, to be met. Los Angeles County has reduced its jail population

22

from about 17,076 to 11,883, which is about a 30% reduction,.37 Yet, it is still near its capacity of 12,404 as rated by the Board of State and Community

23

Corrections (BSCC).38 Moreover, BSCC ratings were not designed with a

24

pandemic that requires social distancing in mind. As a result, facilities that are

25

operating at or not far below their BSCC rated capacities will not allow for

26

27

37 Monitoring Jail Populations During COVID – 19 (Vera Institute of Justice) https://www.vera.org/projects/covid-19-criminal-justice-responses/covid-19-data

28

38 Los Custody Division Population Quarterly Report October - December 2019 at page 11, https://lasd.org/transparency%20data/custody%20reports/Custody%20Division%20Population%20201

9%20Fourth%20Quarter%20Report.pdf

24

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 26 of 37 Page ID #:598

1

inmates, correctional and other staff to maintain appropriate social distancing

2

necessary to preventing the transmission of COVIDC-19. Even if a jail system is well below its BSCC rated capacity, it will not be operating consistent with CDC

3

Guidance if, among other things, it houses inmates in crowded dormitory housing,

4

has crowded dayrooms where inmates share showers and telephones, it fails to

5

quarantine inmates with symptoms of COVID, and does provide for adequate soap and cleaning supplies to allow for the regular disinfection of surfaces.

6

Accordingly, the jail population should still be reduced in order to allow for the

7

creation of reasonably safe conditions for those who remain.

8 74.To minimize the risk of COVID-19, the population must be reduced so that it is

9

possible for incarcerated persons to be able to main distance of six feet or more

from each other at all times, including in communal areas; there is no double or

10

triple bunking; there are adequate numbers of medical cells for any inmate who is

11

symptomatic or who has contracted COVID-19; and proper screening,

12

quarantining, and isolation procedures can be put into place for anyone attempting to enter the jail – both staff and inmates. Measures such as more regular

13

disinfection and cleaning, and wider availability of soap are insufficient to address

14

the dangers that COVID-19 poses in jail without a significant reduction of the jail population to allow for genuine social distancing among inmates, correctional

15

staff and other jail staff.

16

17

75.In particular, those who are medically vulnerable (see ¶ 28) should be moved out of the jails to the absolute maximum extent possible. This population remains at

18

serious risk of serious illness and death should they remain at the jail.

19

76.Significantly reducing county jail populations is an urgent public health measure.

20

It will allow facilities to significantly reduce the risk of infection for both

21

incarcerated people and correctional officers, which in turn protects the

22

communities where corrections staff live.

23 77.Programs must be developed to ensure the safe re-entry of inmates into the

24

community. Individuals with existing housing can be released with instructions for self-quarantine for 14 days and compliance with community-based shelter-in-

25

place protocols. Those without housing should be released to shelters or half-way

26

houses with the capacity for quarantine and social distancing. Lack of suitable

housing must not be used to keep people in jail. Intensive discharge planning

27

efforts must be implemented to maximize the safe release of inmates into the

28

community. Quarantine in the jail for 14 days, prior to release, must only be used

as a last resort. Community self-quarantine, or compliance with community-based

25

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 27 of 37 Page ID #:599

1

shelter-in-place protocols, entails exposure to a small number of co-habitants,

2

typically family members. Incarcerated people under quarantine are likely to interact with multiple custody and clinical staff members for food, showers, yard

3

time, and medical needs. Where possible, public health and housing authorities

4

should work together with the private sector to utilize hotels and other vacant

5

living spaces that provide a safe environment where it is feasible to shelter in place, access food, and adhere to social distancing during the COVID-19

6

pandemic.39

7 78.I recognize that there are issues regarding public safety when addressing jail

8

population reduction. To the extent these issues are addressed in this case for those

9

who are medically vulnerable, release must be considered in light of the severe public health consequences of not releasing such individuals.

10

11 79.It would be valuable for the court to appoint qualified expert who could make

12

recommendations regarding: (1) the specific steps taken to implement the recommendations I have made herein, (2) all other mitigation efforts to

13

significantly reduce the risk of contraction of COVID-19 by all inmates not

14

immediately released, (3) a housing plan for any released inmate whose testing confirms that have been exposed or infected with COVID-19 and who do not have

15

in place housing, and (4) an evaluation of whether the release of medically

16

vulnerable inmates permits adequate social distancing, or whether additional

17

releases are necessary.

18 Necessary Measures for those who are currently or will be in the LA County Jail

19

20

80.Aside from appropriately releasing the maximum number of people possible, for those presently or in the future incarcerated during the life of the pandemic, LASD

21

should follow all CDC/LA DPH Guidance for correctional facilities, whether that

22

guidance is phrased as mandatory or discretionary. The following remedies

23

should be implemented immediately: a. Communication: Effectively communicate to all incarcerated people,

24

including low-literacy and non-English-speaking people, sufficient information

25

about COVID-19, measures taken to reduce the risk of transmission, and any

26

changes in policies or practices to reasonably ensure that individuals are able to

27

28

39 AMEND, How to Release People from Prison to Achieve Public Health Goals during COVID-19: Recommended Principles and Practices, April 13, 2020, https://amend.us/wp-

content/uploads/2020/04/Public-health-focused-decarceration-guidelines-1.pdf.

26

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 28 of 37 Page ID #:600

1

take precautions to prevent infection. Effective communication must include in

2

person communication rather than instruction through a video only. Effective communication is also particularly important for those incarcerated persons

3

with serious mental illness. This population is at a heightened risk of contracted

4

and spreading the virus because they may be less capable of following hygiene

5

and social distancing instructions due to their mental illness. In addition, signage must be posted throughout the facility communicating COVID-19

6

symptoms and hand hygiene instructions. Such signage must be understandable

7

for non-English speaking people as well as those with low literacy, and provide clear information about the presence of COVID-19 cases within a facility and

8

the need to increase social distancing and maintain hygiene precautions.

9

b. Entrance Screening: Perform pre-intake screening for all new arrestees for

10

symptoms of COVID-19 upon entry (or re-entry). This includes temperature screening, as well as a verbal symptom check.

11

c. Quarantine New Admissions: Quarantine all new entrants for 14 days before

12

they enter the general population by cohorting daily intakes if necessary.

13

d. Housing: To the extent possible, house jail detainees in cells instead of

14

dormitories. Recommend that those persons sharing sleeping quarters sleep

15

head-to-foot. To the extent practicable, beds in housing units should be rearranged to allow for sufficient separation during sleeping hours.

16

e. Social Distancing: Whenever possible, require all staff and incarcerated

17

persons to maintain a distance of six feet from one another.

18

f. Hand Hygiene: Ensure that each incarcerated person receives, free of charge:

19

(1) an individual (and ample) supply of hand soap (liquid if possible) sufficient to allow frequent hand washing; and (2) paper towels for hand drying. Ensure

20

that any and all soap dispensers in communal areas are adequately stocked with

21

liquid soap. Require that all LASD staff working in County jails wash their hands, apply hand sanitizer containing at least 60% alcohol, or change their

22

gloves both before and after interacting with any person or touching surfaces in

23

cells or common areas.

24

g. Disinfection of Surfaces: Ensure that staff or incarcerated workers, several

25

times a day, clean and disinfect high touch surfaces and objects in common areas, with EPA-registered disinfectants; provide jail detainees with cleaning

26

supplies – including access to EPA-registered disinfectants or disinfectant

27

wipes – so that they can clean surfaces within their own living spaces. (High touch areas include phones, doorknobs, sink handles, toilet handles, and

28

recreation equipment.) Facility staff must ensure there is adequate supervision

of all individuals responsible for cleaning and disinfecting these areas.

27

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 29 of 37 Page ID #:601

1

h. Tissues: Provide an adequate supply of tissues and no-touch trash receptacles

2

for all persons; require staff and incarcerated persons to cough into a tissue or their elbow and to throw tissues in the trash.

3

i. Hygiene Generally: Provide access to daily showers and daily access to clean

4

laundry, including clean personal towels and washrags after each shower.

5

Ensure showers are cleaned and disinfected at least daily and that incarcerated

persons have supplies to clean showers between uses. Provide more frequent

6

access to laundry, at least twice weekly, which should be possible given the

7

reduction in population that has already occurred.

8

j. Screening of Jail Staff: Perform screening for all custody, medical and

9

ancillary jail staff for symptoms of COVID-19 every time they enter the facility. This includes temperature screening, as well as a verbal symptom

10

check.

11

k. PPE for Jail Staff & Incarcerated Persons: Require that all jail staff and

12

incarcerated persons wear PPE consistent with CDC and LA DPH guidelines. Ensure that all staff working in County jails wear personal protective

13

equipment, including CDC-recommended surgical masks (if surgical masks are

14

limited staff should wear cloth face masks). If cloth masks are distributed, they

15

must be laundered regularly.

16

l. Testing: Conduct immediate testing for incarcerated persons displaying known symptoms of COVID-19.

17

m. Isolation for Confirmed and Suspected Covid-19 Cases: Ensure that

18

individuals identified as having COVID-19 are medically isolated pursuant to

19

CDC guidelines. Use cohorts only for individuals with laboratory-confirmed COVID-19 cases, not suspected cases. Ensure that medically isolated

20

individuals have continued access to showers, recreation, mental health

21

services, reading materials, phones, cleaning supplies, communications with counsel, and personal property. Ensure that medically isolated individuals are

22

provided individualized meals that comply with assigned medical diets.

23

n. Quarantine for Close Contacts of Covid-19 Cases: Ensure that individuals

24

identified as close contacts of COVID-19 cases are quarantined pursuant to

25

CDC guidelines. Cohorting may be used for quarantined persons consistent with CDC and public health guidelines.

26

o. Co-Pays for Medical Care: Waive all medical co-pays for those experiencing

27

COVID-19-related symptoms and waive all charges for medical grievances

28

related to possible infection with COVID-19 during this health crisis.

28

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 30 of 37 Page ID #:602

1

p. Maintain Same Standards of Medical Care. Provide adequate medical

2

alternatives for those with decreased lung capacity who have had their CPAP machines confiscated due to COVID-19.

3

q. Communications with Family/Support. Provide opportunities for

4

incarcerated persons to communicate free of charge with their families and

5

loved ones.

6

7 Conclusion 8

9 81.For the reasons above, it is my professional opinion that persons currently

10

detained in the LA County Jail are at significantly greater risk of contracting

11

COVID-19 than if they were permitted to shelter in place in their home communities. If infected, many are at increased risk of suffering severe

12

complications and outcomes. In particular, those people who are medically

13

vulnerable and at risk of severe illness from COVID are at a high risk to develop COVID-19 if they remain in jail and become either extremely ill or die as result.

14

15 82.It is also my professional opinion that conditions in the county jails also threaten

16

the health and safety of every individual within those jails—detained persons and staff alike—and in their surrounding communities.

17

18

83.Finally, it is my opinion that as many people as possible – particularly the medically vulnerable – should be released into appropriate settings and that the

19

extensive measures previously outlined regarding those who remain incarcerated

20

should be implemented immediately.

21

22

23

I declare under penalty of perjury that the foregoing is true and correct. Executed

24 on April 24, 2020 in Alameda County, California.

25

26

27

28

Dr. Joe Goldenson

29

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 31 of 37 Page ID #:603

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EXHIBIT A

30

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 32 of 37 Page ID CURRICU#:L6U04M VITAE
JOE GOLDENSON, MD 1406 CYPRESS STREET BERKELEY, CA 94703
(510) 557-1086 jgoldenson@gmail.com

EDUCATION

Post Graduate Training

February 1992
1979-1980 1976-1979

University of California, San Francisco, CPAT/APEX Mini-Residency in HIV Care Robert Wood Johnson Fellowship in Family Practice University of California, San Francisco Residency in Family Practice

Medical School 1973-1975
1971-1973

Mt. Sinai School of Medicine, New York M.D. Degree University of Michigan, Ann Arbor

Undergraduate Education

1967-1971

University of Michigan, Ann Arbor B.A. in Psychology

PROFESSIONAL EXPERIENCE

Practice Experience 1993-2015
1991-1993
1990-1991
1987-1990
1980-1987 1975-1976

Director/Medical Director Jail Health Services San Francisco Department of Public Health Medical Director Jail Health Services San Francisco Department of Public Health Chief of Medical Services, Hall of Justice Jail Health Services San Francisco Department of Public Health Staff Physician Jail Health Services San Francisco Department of Public Health Sabbatical Staff Physician United Farm Workers Health Center, Salinas, CA

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 33 of 37 Page ID #:605

Consulting 6/16-8/19 4/02-Present
6/14-9/14 6/10-12/13
6/08-6/12 5/08-9/09 1/08
9/07-1/10
8/06-8/12
6/05 11/02-4/03 4/02-8/06
1/02-3/02
8/01-4/02 7/01-4/02 1/96-1/14 5/95-6/08
3/98-12/98

Consultant to Los Angeles Department of Health Services re: provision of health care services in the LA County Jail Federal Court Medical Expert, Plata v. Newsome, Class Action Lawsuit re: prisoner medical care in California State Prison System Medical expert for the Illinois Department of Corrections and the ACLU of Illinois Federal Court appointed Medical Monitor, U.S.A. v. Cook County, et al., United States District Court for the Northern District of Illinois, No. 10 C 2946, re: medical care in the Cook County Jail Member, Plata v. Schwarzenegger Advisory Board to the Honorable Thelton E. Henderson, U.S. District Court Judge Medical Expert for ACLU re Maricopa County Jail, Phoenix, AZ Member of the National Commission on Correctional Health Care’s Technical Assistance Review Team for the Miami Dade Department of Corrections Federal Court appointed Medical Expert, Herrera v. Pierce County, et al., re: medical care at the Pierce County Jail, Tacoma, WA State Court Appointed Medical Expert, Farrell v. Allen, Superior Court of California Consent Decree re medical care in the California Department of Juvenile Justice Member of Technical Assistance Review Team for the Dallas County Jail Medical Expert for ACLU re Jefferson County Jail, Port Townsend, Washington Federal Court Medical Expert, Austin, et. al vs Wilkinson, et al, Class Action Law Suit re: Prisoner medical care at the Ohio State Penitentiary Supermax Facility Consultant to the Francis J. Curry, National Tuberculosis Center re: Tuberculosis Control Plan for the Jail Setting: A Template (Jail Template), Medical Expert for ACLU re Wisconsin Supermax Correctional Facility, Boscobel, WI Medical Expert for Ohio Attorney General’s Office re Ohio State Prison, Youngstown, OH Member and Surveyor, California Medical Association Corrections and Detentions Health Care Committee Medical Expert for the Office of the Special Master, Madrid vs Alameida, Federal Class Action Law Suit re: Prisoner medical care at the Pelican Bay State Prison Supermax Facility Member, Los Angeles County Department of Public Health Jail Health Services Task Force

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 34 of 37 Page ID

2/98

Medical Expert, Dep#a:r6tm06ent of Justice Investigation of Clark

County Detention Center, Las Vegas, Nevada

6/94

Surveyor, National Commission on Correctional Health Care,

INS Detention Center, El Centro, CA

Work Related Committees

1/14 to present 10/11 to 5/19 5/07-10/12
12/04-3/06
6/03-8/03
3/02-1/03
6/01-1/15 3/01
9/97-6/02 3/97-3/02 3/96-6/12 2/00-12/00 12/98-12/00 7/94-7/96 6/93-6/95 2/92-2/96 3/90-7/97

Member, Editorial Advisory Board, Correctional Health Care Report Member, Board of Directors of the National Commission on Correctional Health Care Liaison to the CDC Advisory Council for the Elimination of Tuberculosis (ACET) from the National Commission on Correctional Health Care Member of the CDC Advisory Council for the Elimination of Tuberculosis (ACET) Ad Hoc Working Group on the Prevention and Control of Tuberculosis in Correctional and Detention Facilities: Recommendations from CDC (MMWR 2006; 55(No. RR-9)) Member of the Advisory Panel for the Francis J. Curry National Tuberculosis Center and National Commission on Correctional Health Care, 2003: Corrections Tuberculosis Training and Education Resource Guide Member of the Advisory Committee to Develop the Tuberculosis Control Plan for the Jail Setting: A Template (Jail Template), Francis J. Curry, National Tuberculosis Center Director’s Cabinet San Francisco Department of Public Health Consultant to Centers for Disease Control on the Prevention and Control of Infections with Hepatitis Viruses in Correctional Settings (MMWR 2003; 52(No. RR-1)) Member, Executive Committee of Medical Practice Group, San Francisco Department of Public Health American Correctional Health Services Association Liaison with American Public Health Association Chairperson, Bay Area Corrections Committee (on tuberculosis) Medical Providers’ Subcommittee of the Office-based Opiate Treatment Program, San Francisco Department of public Health Associate Chairperson, Corrections Sub-Committee, California Tuberculosis Elimination Advisory Committee Advisory Committee for the Control And Elimination of Tuberculosis, San Francisco Department of Public Health Managed Care Clinical Implementation Committee, San Francisco Department of Public Health Tuberculosis Control Task Force, San Francisco Department of Public Health San Francisco General Hospital Blood Borne Pathogen Committee

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 35 of 37 Page ID

1/93-7/93

Medical Staff Bylaws#:C6o0m7 mittee, San Francisco Department of

Public Health

ACADEMIC APPOINTMENT

1980-2015

Assistant Clinical Professor

University of California, San Francisco

PROFESSIONAL AFFILIATIONS Society of Correctional Physicians, Member of President’s Council, Past-Treasurer and Secretary American Correctional Health Services Association, Past-President of California Chapter American Public Health Association, Jails and Prison’s Subcommittee Academy of Correctional Health Professionals

PROFESSIONAL PRESENTATIONS
Caring for the Inmate Health Population: A Public Health Imperative, Correctional Health
Care Leadership Institutes, July 2015
Correctional Medicine and Community Health, Society of Correctional Physicians Annual
Meeting, October, 2014
Identifying Pulmonary TB in Jails: A Roundtable Discussion, National Commission on
Correctional Health Care Annual Conference, October 31, 2006
A Community Health Approach to Correctional Health Care, Society of Correctional
Physicians, October 29, 2006 Prisoners the Unwanted and Underserved Population, Why Public Health Should Be in Jail, San Francisco General Hospital Medical Center, Medical Grand Rounds, 10/12/04
TB in Jail: A Contact Investigation Course, Legal and Administrative Responsibilities, Francis J. Curry National Tuberculosis Center, 10/7/04
Public Health and Correctional Medicine, American Public Health Association Annual Conference, 11/19/2003
Hepatitis in Corrections, CA/NV Chapter, American Correctional Health Services Association Annual Meeting, 1/17/02
Correctional Medicine, San Francisco General Hospital Medical Center, Medical Grand Rounds, 12/16/02
SuperMax Prisons, American Public Health Association Annual Conference, 11/8/01
Chronic Care Programs in Corrections, CA/NV Chapter, American Correctional Health Services Association Annual Meeting, 9/19/02
Tuberculosis in Corrections - Continuity of Care, California Tuberculosis Controllers Association Spring Conference, 5/12/98
HIV Care Incarcerated in Incarcerated Populations, UCSF Clinical Care of the AIDS Patient Conference, 12/5/97
Tuberculosis in Correctional Facilities, Pennsylvania AIDS Education and Training Center, 3/25/93

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 36 of 37 Page ID Tuberculosis Control in Jails, AIDS and Pris#on:6C08onference, 10/15/93 The Interface of Public Health and Correctional Health Care, American Public Health Association Annual Meeting, 10/26/93 HIV Education for Correctional Health Care Workers, American Public Health Association Annual Meeting, 10/26/93
PUBLICATIONS Structure and Administration of a Jail Medical Program. Correctional Health Care: Practice, Administration, and Law. Kingston, NJ: Civic Research Institute. 2017. Structure and Administration of a Jail Medical Program – Part II. Correctional Health Care Report. Volume 16, No. 2, January-February 2015. Structure and Administration of a Jail Medical Program – Part I. Correctional Health Care Report. Volume 16, No. 1, November-December 2014.
Pain Behind Bars: The Epidemiology of Pain in Older Jail Inmates in a County Jail. Journal of Palliative Medicine. 09/2014; DOI: 10.1089/jpm.2014.0160 Older jail inmates and community acute care use. Am J Public Health. 2014 Sep; 104(9):1728-33.
Correctional Health Care Must be Recognized as an Integral Part of the Public Health
Sector, Sexually Transmitted Diseases, February Supplement 2009, Vol. 36, No. 2,
p.S3–S4
Use of sentinel surveillance and geographic information systems to monitor trends in HIV prevalence, incidence, and related risk behavior among women undergoing syphilis screening in a jail setting. Journal of Urban Health 10/2008; 86(1):79-92.
Discharge Planning and Continuity of Health Care: Findings From the San Francisco County Jail, American Journal of Public Health, 98:2182–2184, 2008 Public Health Behind Bars, Deputy Editor, Springer, 2007 Diabetes Care in the San Francisco County Jail, American Journal of Public Health, 96:1571-73, 2006 Clinical Practice in Correctional Medicine, 2nd Edition, Associate Editor, Mosby, 2006. Tuberculosis in the Correctional Facility, Mark Lobato, MD and Joe Goldenson, MD, Clinical Practice in Correctional Medicine, 2nd Edition, Mosby, 2006. Incidence of TB in inmates with latent TB infection: 5-year follow-up. American Journal of Preventive Medicine. 11/2005; 29(4):295-301.
Cancer Screening Among Jail Inmates: Frequency, Knowledge, and Willingness
Am J Public Health. 2005 October; 95(10): 1781–1787
Improving tuberculosis therapy completion after jail: translation of research to practice. Health Education Research. 05/2005; 20(2):163-74. Incidence of TB in Inmates with Latent TB Infection, 5-Year Follow-up, American Journal of Preventive Medicine, 29(4), 2005 Prevention and Control of Infections with Hepatitis Viruses in Correctional Settings, Morbidity and Mortality Reports, (External Consultant to Centers for Disease Control),Vol. 52/No. RR-1 January 24, 2003 Randomized Controlled Trial of Interventions to Improve Follow-up for Latent

Case 2:20-cv-03760-RGK-PLA Document 13-4 Filed 04/24/20 Page 37 of 37 Page ID Tuberculosis Infection After Release from Jail,#A:6r0c9hives of Internal Medicine, 162:10441050, 2002 Jail Inmates and HIV care: provision of antiretroviral therapy and Pneumocystis carinii pneumonia prophylaxis, International Journal of STD & AIDS; 12: 380-385, 2001 Tuberculosis Prevalence in an urban jail: 1994 and 1998, International Journal of Tuberculosis Lung Disease, 5(5):400-404, 2001 Screening for Tuberculosis in Jail and Clinic Follow-up after Release, American Journal of Public Health, 88(2):223-226, 1998 A Clinical Trial of a Financial Incentive to Go to the Tuberculosis Clinic for Isoniazid after Release from Jail, International Journal of Tuberculosis Lung Disease, 2(6):506512,1998
AWARDS Armond Start Award of Excellence, Society of Correctional Physicians, 2014 Award of Honor, San Francisco Board of Supervisors, 2014 Award of Honor, San Francisco Health Commission, 2014 Certificate of Appreciation, San Francisco Public Defender’s Office, 2014 Certificate for Excellence in Teaching, California Department of Health Services, 2002 Employee Recognition Award, San Francisco Health Commission, July 2000 Public Managerial Excellence Award, Certificate of Merit, San Francisco, 1997
LICENSURE AND CERTIFICATION Medical Board of California, Certificate #A32488 Fellow, Society of Correctional Physicians Board Certified in Family Practice, 1979-1986 (Currently Board Eligible)

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 1 of 87 Page ID #:610

1 Dan Stormer, Esq. [S.B. #101967]

2

Shaleen Shanbhag, Esq. [S.B. #301047] Tanya Sukhija-Cohen, Esq. [S.B. #295589]

3

Theresa Zhen, Esq. [S.B. #300710] HADSELL STORMER RENICK & DAI LLP

4

128 N. Fair Oaks Avenue Pasadena, California 91103

5

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

6

Emails: dstormer@hadsellstormer.com sshanbhag@hadsellstormer.com

7

tanya@hadsellstormer.com tzhen@hadsellstormer.com

8 Barrett S. Litt, Esq. [S.B. #45527]

9

Lindsay B. Battles, Esq. [S.B. #262862] KAYE, MCLANE, BEDNARSKI, & LITT, LLP

10

975 E. Green Street Pasadena, CA 91106

11

Telephone: (626) 844-7660 Facsimile: (626) 844-7670

12

Email: blitt@kmbllaw.com lbattles@kmbllaw.com

13

14 Attorneys for Petitioners/Plaintiffs

15 [Additional Counsel continued on next page]

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18

RODNEY CULLORS, DENEAL YOUNG, JESSICA HAVILAND, RANY UONG,

Case No.: 2:20-cv-03760

19

MARK AVILA, CAROLE DUNHAM, LEANDREW LEWIS, VICTOR

CLASS ACTION

20

GUTIERREZ, JEREMIAH FARMER, on behalf of themselves and all others

DECLARATIONS OF PLAINTIFFS AND PUTATIVE CLASS MEMBERS IN

21

similarly situated, DIGNITY AND POWER NOW, YOUTH JUSTICE

SUPPORT OF PETITIONERS/ PLAINTIFFS’ MOTION FOR CLASS

22 COALITION,

CERTIFICATION AND APPLICATION FOR TEMPORARY RESTRAINING

23

Plaintiffs,

ORDER AND MOTION FOR PRELIMINARY INJUNCTION

24 vs.

25

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF ALEX

26

VILLANUEVA, and DOES 1-10, inclusive,

27

Defendants.

28

DECLARATIONS OF PLTFS ISO MOTION FOR CLASS CERT AND APP FOR TRO AND MOTION FOR PRELIMINARY INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 2 of 87 Page ID #:611

1 [Additional Counsel continued from first page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

3

ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St.

Katherine C. Hubbard, Esq. [S.B. #302729]

4

Los Angeles, CA 90017 Telephone: (213) 977-9500

CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800

5 Facsimile: (213) 977-5299

Washington, DC 20009

6 Email: peliasberg@aclu.sc.org

Telephone: (202) 894-6126 Facsimile: (202) 609-8030

7

Email: alec@civilrightscorps.org katherine@civilrightscorps.org

8

9

Catherine Sweetser, SBN 271142 Alicia Virani, SBN 281187

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION

10

Aaron Littman, SBN 330283 UCLA LAW CLINICS

NATIONAL PRISON PROJECT 915 15th St., N.W.

11 385 Charles E. Young Drive East Los Angeles, CA 90095

Washington, D.C. 20005 Telephone: (202) 393-4930

12 (310) 825-9562

Facsimile: (202) 393-4931

13

Email: csweetser@sshhlaw.com virani@law.ucla.edu

Email: ebalaban@aclu.org

14

littman@law.ucla.edu

15 Andrea Woods, Esq.*

16

AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor

17

New York, NY 10004 Telephone: (212) 549-2528

18 Facsimile: (212) 607-3329 Email: awoods@aclu.org

19

20 *pro hac vice applications forthcoming

21

22

23

24

25

26

27

28

DECLARATIONS OF PLTFS ISO MOTION FOR CLASS CERT AND APP FOR TRO AND MOTION FOR PRELIMINARY INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 3 of 87 Page ID #:612

1

DECLARATIONS OF PLAINTIFFS & PUTATIVE CLASS MEMBERS

2

IN SUPPORT OF PETITIONERS/ PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION AND APPLICATION FOR TEMPORARY RESTRAINING

3

ORDER AND MOTION FOR PRELIMINARY INJUNCTION

4 Exhibit Description

5

1 Declaration of Mark Avila, dated April 17, 2020

6

2 Declaration of Catrina Balderrama, dated April 17, 2020

7

3 Declaration of Rodney Cullors, dated April 17, 2020

8

4 Declaration of Holly Davidson, dated April 14, 2020

9

5 Declaration of Carole Dunham, dated April 14, 2020

10

6 Declaration of Jeremiah Farmer, dated April 17, 2020

11

7 Declaration of Andrew Fuentes, dated April 22, 2020

12

8 Declaration of Victor Gutierrez, dated April 15, 2020

13

9 Declaration of Jessica Haviland, dated April 14, 2020

14

10 Declaration of Albert Kirk Jones, dated April 17, 2020

15

11 Declaration of LeAndrew Lewis, dated April 18, 2020

16

12 Declaration of Jeffrey Livotto, dated April 22, 2020

17

13 Declaration of Rany Uong, dated April 17, 2020

18

14 Declaration of Benito Venegas, dated April 14, 2020

19

15 Declaration of DeNeal Young, dated April 23, 2020

20

21 Dated: April 24, 2020

Respectfully Submitted,

22

HADSELL STORMER RENICK & DAI LLP KAYE, MCLANE, BEDNARSKI & LITT, LLP

23

CIVIL RIGHTS CORPS UCLA LAW CLINICS

24

ACLU OF SOUTHERN CALIFORNIA AMERICAN CIVIL LIBERTIES UNION

25

26

By: /s/ - Barrett S. Litt

27

Barrett S. Litt

Lindsay Battles

28

Attorneys for Petitioners/Plaintiffs

DECLARATIONS OF PLTFS ISO MOTION FOR

1

CLASS CERT AND APP FOR TRO AND MOTION

FOR PRELIMINARY INJUNCTION

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 4 of 87 Page ID #:613
Ex. 1

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 5 of 87 Page ID #:614

1

DECLARATION OF MARK AVILA

2 I, Mark Avila, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto:

6

2. I am currently incarcerated in Men’s Central Jail (“MCJ”) in Los Angeles,

7 California. I have been incarcerated at MCJ since November 4, 2019, awaiting trial on

8 nonviolent charges.

9

3. I am a 33-year-old Hispanic man. On January 29, 2020, I was bitten on the

10 left calf by a police dog while my hands were handcuffed behind my back.

11

4. Shortly after, I was inexplicably placed in solitary confinement in a 1-man

12 “high power” cell even though I have no prior write-ups or losses of privilege at MCJ. I

13 have been housed there ever since. Due to the conditions in the jail, the lack of

14 precautions to prevent the spread of COVID-19 that I have observed from jail staff and

15 deputies, and my preexisting respiratory conditions (described herein), I fear for my life

16 inside the jail.

17

5. I have multiple underlying health conditions: I was born with chronic asthma

18 and throughout my life, have had an average of three severe asthma attacks a year. When

19 I have an asthma attack, I experience shortness of breath, dizziness, hyperventilation, lack

20 of oxygenation, and depending on the time from onset to treatment, I can lose

21 consciousness.

22

6. I have been hospitalized due to my chronic asthma about 30 times in my

23 lifetime. When I was free, I had an extensive medical care regiment where I always had 2

24 inhalers on me, access to my necessary medications at all times Ventilin, Advair,

25 Pretzone, and access to breathing treatments which I had to take daily. I primarily used

26 an Albuterol nebulizer breathing treatment daily. This breathing treatment is a

27 bronchodilator, which helps to open up my airways and relax muscles in my breathing

28 passages. Because of my restricted breathing, I use my inhalers 4x/day to 5x/day, which

DECLARATION OF MARK AVILA

-1-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 6 of 87 Page ID #:615

1 delivers much needed medication to my lungs. Usually, an inhaler lasts a person with

2 asthma about 16 days; whereas it usually lasts me less than ten days due to frequency of

3 use. At MCJ, I have to show the medical staff that my inhaler has zero puffs left before

4 the staff will order me a new inhaler. The last time I asked for an inhaler, it took the jail

5 staff 10 days to "refill" my inhaler. My asthma is exacerbated by dust and strong

6 chemicals. It has been made worse by the jail conditions in which I am living where dirt

7 and dust is rampant. If I contract COVID-19 from a deputy, nurse, staff member or other

8 prisoner, I am fearful that I am especially at-risk due to my serious pulmonary conditions.

9 I also have diabetes, liver disease, and a blood disorder that causes me to have a high

10 white blood cell count.

11

7. I am housed in a 1-man cell in a module with about 25 other men. I have one

12 bed and a toilet in my cell. Walls separate the cells in my module, but there are barred

13 doors and I can reach out and touch the prisoner in the cell next to me. I am not six feet

14 apart from the prisoner in the cell next to me. Because I can hear and talk to the other

15 prisoners through the barred doors, I have heard other prisoners in my module coughing.

16 I have not seen the guards remove those individuals from the module.

17

8. Since approximately March 30, I have daily asked the deputies and nurses

18 who come by my cell for a mask or some kind of protective gear to protect myself against

19 COVID-19. They know that I have chronic asthma because I am under strict instructions

20 to have my inhaler on me at all times.

21

9. Until April 10, I was told no. "If I gave you one, I'd have to give one to

22 everyone else." The only people who have masks are the deputies and some (but not all)

23 nurses. When I was in the medical unit recently (see below), some nurses wore masks,

24 but not all. Not all of the deputies wear masks. I have seen deputies coughing near my

25 cell. The deputies don’t always wear masks and sometimes their masks will be down

26 below their chin or on top of their head, providing absolutely no protection from their

27 coughing.

28

10. On April 1, I submitted an inmate request form seeking a mask. On April 9,

DECLARATION OF MARK AVILA

-2-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 7 of 87 Page ID #:616

1 because I was worried that the jail had still not taken any steps to protect people like me

2 with preexisting health conditions, I decided to escalate the matter and submitted a

3 grievance form asking for a mask, hand sanitizer and other necessities for cleaning. To

4 date, I have not received a response to my grievance request.

5

11. On April 10, early in the morning, I saw that someone had deposited a face

6 mask in my cell. I assume it was the jail staff, but I have not been explicitly told so. I was

7 not given any directions about how to wear it or when to wear it, or if we will be getting

8 new masks after a certain period of time has elapsed. While I’m glad that the jail staff is

9 finally paying attention to my concerns, no one in the jail – neither medical staff nor the

10 Sheriff’s deputies – have provided us with other protective gear such as hand sanitizer or

11 gloves. As of April 17, I have not gotten any new masks and have been told to reuse the

12 one I received on April 10. I am afraid to wash the mask because it is made of flimsy

13 material and I don’t have instructions on how to clean it.

14

12. Despite my known respiratory illnesses, MCJ staff, deputies, and medical

15 personnel have not taken any special precautions to prevent the spread of COVID-19 to

16 me. No information has been provided to me by jail staff or deputies about the virus and

17 how to prevent its spread. I do not see any signage in the jail and no one has given me

18 any written materials with information about how I can prevent the spread. I get my news

19 from newspapers; that's how I know the disease is respiratory. Moreover, my inhaler ran

20 out the week of April 6th and it was just replaced. I was terrified that I would have a

21 severe asthma attack while waiting for my inhaler to be refilled.

22

13. My experience is that it takes 2-3 weeks to be seen by a doctor in the jail

23 after submitting a request to see a doctor. On February 29, 2020, my shoulder was

24 injured; after waiting for 4 weeks, I finally saw a doctor for a popped shoulder for which

25 I was in a lot of pain. During those 4 weeks of wait, I was in excruciating pain and could

26 barely move my left arm.

27

14. The RN that treated me told me that there was an 89% fatality rate from

28 COVID-19 for people like me who have chronic asthma.

DECLARATION OF MARK AVILA

-3-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 8 of 87 Page ID #:617

1

15. Each person is provided one free tiny bar of soap and a single roll of toilet

2 paper once a week. I use up my free bar of soap in a couple of days because I know it is

3 important to wash my hands often to avoid catching the virus. I have had to buy soap

4 from commissary after that, which has been a financial hardship for me.

5

16. I am responsible for cleaning my own cell, and I do not have the proper

6 equipment or clean supplies to do so. Sometimes, inmates are given AJAX and a scrub

7 pad in order to clean our own cells, but only if the jail’s supplies are not low. We are also

8 given a very diluted disinfectant. I know that it is diluted because it is so watered down,

9 the disinfectant is almost odorless. I have also overheard the trustees say to each other,

10 “hey, we’re running low and have to dilute it” before allowing us to clean our cells.

11

17. As of April 17, the prisoners in my module have told me that they are unable

12 to purchase Clorox wipes, which used to be an item available through commissary. They

13 are now told it is an “unauthorized item.”

14

18. I shower 3x a week on Monday, Wednesday, and Friday. The showers are

15 shared with the entire module. There is a yard call once a week in which we are locked

16 in dog cages for 3 hours. While in the dog cages, there is only a foot between one

17 prisoner and the next.

18

19. I have overheard that at least two sections of MCJ are quarantined right now,

19 potentially for a possible case of COVID-19. When I was going to yard on the morning

20 of April 10, the guards led me and about 9 other inmates through a hallway next to a

21 potentially quarantined section of the jail in order to get to the yard that is designated for

22 “high power” inmates. The walls of the quarantined section do not reach the ceiling.

23 There is a perforated metal section at the top of the wall. As such, there was still air

24 circulation between the quarantined section and the hallway where we were walking. We

25 get within four feet of the perforated metal section when we pass by the quarantined

26 section. I can hear and see the quarantined inmates in that open dorm. I feel that this is

27 dangerous and exposing people like me with preexisting medical conditions to COVID-

28 19 spread.

DECLARATION OF MARK AVILA

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 9 of 87 Page ID #:618

1

20. On April 8th, I went to court for a court appearance. Because I was afraid of

2 COVID-19 spread and because the guards had not given us any protection, I created my

3 own mask out of a torn t-shirt that I tied around my head. At 6am, I was escorted by

4 deputies down my tier to the bus area. I waited in the “court line”, shackled to other

5 prisoners, to get on a sheriff’s bus. Throughout the day, I was passed through the custody

6 of multiple deputies. I came in close contact with several deputies at Men’s Central who

7 walked me from my cell to the court line, processed me on the court line, shackled me to

8 other prisoners on the court line, and loaded me on the bus. I observed other prisoners on

9 bus coughing and many of did not have masks. I then came in close contact with deputies

10 at the courthouse itself, including those who placed me in the “court tank” (a room where

11 I waited to be seen by the judge) and who escorted me from my court tank to my

12 courtroom. The bailiff in the courtroom also came in close proximity to me when I was

13 seen by the judge. At the courthouse, I passed through multiple holding tanks where there

14 were easily 20-30 people standing in a single small room. The holding tanks are filthy

15 and we were not provided disinfectant supplies to help us wipe down any surfaces we

16 touch. When I returned to MCJ, I was forced into a single “stand-up cage” with 10-12

17 other people, where we were to wait for our unit officers to pick us up and bring us back

18 to our modules. The individual “stand-up cages” are separated by perforated metal and

19 adjacent to each other so that you’re standing less than six feet away from the person in

20 the next cage. We were not seen by a nurse or a doctor on our way back from court. My

21 temperature was not taken at any point before getting on the bus in the morning. My

22 temperature was not taken at any point on my way back from court. I was not asked about

23 symptoms of COVID-19 at any part of the process from here and back. As far as I could

24 tell, there was no effort to keep prisoners 6 feet distance from each other. We were also

25 not provided masks or other face coverings to prevent the spread of COVID-19.

26

21. Due to the visitor restrictions, I have not seen my pregnant wife and four

27 kids in months. I am afraid I will die in jail from COVID-19. In my module, if the

28 phone is functioning (it was broken today), I only get a 30-minute phone call and it is to

DECLARATION OF MARK AVILA

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 10 of 87 Page ID #:619

1 my fear that if I contract COVID-19 from someone in the jail, I only have 30 minutes to

2 speak to all my kids before they lose their father. To be in here and not have proper

3 medical attention causes me and my family extreme anxiety.

4

22. If released, I will go to my sister's house in Lancaster, CA because I do not

5 want to expose my pregnant wife to anything I may have picked up in jail since she also

6 suffers from chronic asthma. My sister would be able to pick me up from MCJ. I would

7 have access to more inhalers, my daily breathing treatment, suitable living conditions for

8 my chronic asthma, be able to safely social distance from others, and be able to meet my

9 newborn child once he or she is born. I am not charged with a violent crime. The

10 sentence I am facing for my case is not eligible for death, much less death by COVID-19.

11

23. I am a member of the Youth Justice Coalition.

12

13

I declare under penalty of perjury under the laws of the State of California and the

14 United States of America that the foregoing is true and correct. Executed this 17th day of

15 April 2020, in Los Angeles, California.

16

17

18

19

20

21

22

23

24

25

26

27

28

DECLARATION OF MARK AVILA

-6-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 11 of 87 Page ID #:620
Ex. 2

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 12 of 87 Page ID #:621

1

DECLARATION OF CATRINA BALDERRAMA

2 I, Catrina Balderrama, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would testify

4 competently thereto:

5

1. I am currently incarcerated at the Century Regional Detention Facility

6 (“CRDF”), in Lynwood, California. I am 37 years old and have been incarcerated here

7 since January 14, 2020.

8

2. I am incarcerated on a misdemeanor charge, with a bail of $1,000, and a

9 felony probation violation, with a no bail hold.

10

3. When I was first incarcerated here, I was housed in module 3700 in a cell

11 with a bunkie. When we first learned about the COVID-19 outbreak, we were not given

12 masks or gloves. Any time the news was on the television in the module, the deputies

13 would turn it off. I received no useful information about how to protect myself from

14 COVID-19 from the deputies. Once, a deputy told us that modules 3500 and 3800 were

15 on quarantine, but that no one tested positive. Those modules are right next to module

16 3700 where I was housed, so I was incredibly concerned.

17

4. On March 16, 2020, I was transported to court for a hearing at the Clara

18 Shortridge Foltz Criminal Justice Center in Downtown Los Angeles. When I was

19 transported back to CRDF, I was placed in a holding tank in order for the deputies to

20 process us back to our modules. In that holding tank, there was an older woman dressed

21 in brown colored jail clothing, which I know signifies a hospital housing designation.

22 That woman was coughing a lot and having trouble breathing. There were 15 of us in the

23 holding tank at that time and not enough room to appropriately social distance from this

24 woman. I was in there for about 35 minutes before I was taken back to my housing in

25 module 3700. My temperature was not taken that day in response to this incident and I

26 was not given a mask.

27

5. On or about March 18, 2020, I had a terrible headache and felt very

28 lethargic. I asked the deputy of my module to see medical and I was told to be quiet and

DECL. OF CATRINA BALDERRAMA

-1-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 13 of 87 Page ID #:622

1 lay down.

2

6. Between March 18th and 25th I experienced a lot of cramping, chills, a

3 fever, extreme sweating, a raw and sore throat and the headaches continued. I

4 consistently asked to be seen by medical staff via written and verbal requests and was not

5 given the opportunity.

6

7. I filed my first grievance on March 25, 2020, asking to speak to Operation

7 Safe Jails (“OSJ”) as was recommended to me by a sergeant here at CRDF. I never

8 received a response.

9

8. Finally on April 1, 2020, I was allowed to see nurses at the mini clinic on

10 my floor. I was then taken to the main clinic at CRDF and attended to by a doctor and a

11 nurse. At this point they took my temperature and told me I had a temperature of 103.8

12 degrees. They put me in a bed in the clinic. I was feeling nauseous and my head hurt so

13 badly I thought it was going to explode. They gave me Imitrex, Tylenol and an ice pack.

14 They did not administer any kind of COVID-19 test. They tried to get me to eat crackers,

15 but I could not eat anything. My mouth was dry, my lips were peeling and I was

16 incredibly dehydrated. I was there for about one and a half hours without any other

17 treatment. I asked medical staff if I could go back to my cell because the bright lights in

18 the medical clinic were making my headache worse. Before they sent me back to the

19 3700 module, they put me in a holding tank with about five other females, at least one of

20 whom was very old. I was in this holding tank for 2 ½ to 3 hours. They did not give me a

21 mask or gloves at this time.

22

9. When I arrived back to module 3700, they put me in my cell with my

23 roommate. I still was not given a mask or gloves. The cells are so small that I could not

24 practice social distancing with my roommate. She was not given a mask or gloves either.

25

10. On the night of April 1, 2020, a male deputy came into my cell and told me

26 to pack my things because I was going to leave. I did not understand what he was talking

27 about and he gave me no more information. While I was packing my belongings, another

28 deputy asked me to step out of my cell so she could talk to me. I thought she was going to

DECL. OF CATRINA BALDERRAMA

-2-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 14 of 87 Page ID #:623

1 give me more information, so I stepped outside. This deputy then closed the door to my

2 cell and told me to come with her and not worry about my belongings, that she would

3 bring them later. She told me she was taking me down to module 1600, which I know is

4 the module for disciplinary segregation. I asked her what I had done, but she would not

5 tell me.

6

11. The same deputy locked me in module 1600, pod 2, cell 16. The cell is a

7 single person cell that is in a disgusting condition. I have never experienced anything like

8 this in my life. There was no toilet paper or soap and there was old food under the bed

9 and on the walls. She told me my release papers had come through and I was going

10 home. When I got excited about this, she said “April Fools”. She then proceeded to tell

11 me “see you later in hell when you die.” The other deputies that were outside of my cell

12 with her laughed when she said this.

13

12. They did not bring me my belongings to this cell and did not give me a “fish

14 kit”, the kit with the basic hygienic materials while I was in cell 16. I did not receive my

15 medication and nurses only came by to check my blood pressure. At one point a nurse

16 tried to give me my medications but the deputies refused to open the slot to my cell and

17 the nurses cannot open the slots themselves. I also was not given the opportunity to

18 shower or leave my cell. I was not given soap, toilet paper, nor sanitary napkins.

19

13. Either the next day or the day after, I was given a paper mask and escorted to

20 a police car waiting outside. They told me I was going to the Correctional Treatment

21 Center (“CTC”) at Twin Towers. All of the deputies on the way to the police car were

22 wearing HAZMAT suits and looking at me like they came to watch a freak show. As I

23 was about to get into the police car, the deputies got a call on the radio saying that my

24 bed at CTC was filled up and so they escorted me back to module 1600. They did not tell

25 me when I would be able to go to CTC for treatment.

26

14. The next day I was transported to CTC. On my second day at CTC I was

27 tested for COVID-19. They said the test would take four days to return. In the meantime,

28 I was treated well by the doctors and nurses at CTC. They changed my clothes and sheets

DECL. OF CATRINA BALDERRAMA

-3-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 15 of 87 Page ID #:624

1 every day, letting me know that these are the types of precautions that need to be taken if

2 someone potentially has the virus.

3

15. On or about April 9th the COVID-19 test came back positive. By April 10th,

4 CTC had cleared me to go back to CRDF. The instructions from the medical staff were

5 that I had to be on a special medical diet that included extra fruits and vegetables, non-

6 stop liquids, and a clean and sanitized environment.

7

16. I returned back to CRDF on April 10, 2020. One of the deputies that was

8 transporting me to my cell told me that I would die in module 1600 from COVID-19.

9

17. I returned back to module 1600, pod 2, and this time to cell 15.

10

18. While incarcerated in module 1600, I am inside my cell 24 hours a day. I am

11 not allowed to make phone calls. I am served food through a slot in my door. The

12 deputies rarely pick up my trash so it piles up by the door. My sink is clogged and fills up

13 with dirty water when other people flush their toilets. The sink is clogged with dirty water

14 so high that I am unable to place a cup under the faucet to catch the water that runs from

15 there in order to brush my teeth or wash myself. I have not been allowed out of my cell to

16 shower while in this module. Before I was sent to CTC I received no soap while housed

17 in 1600. It was not until April 11th that I received half a bar of soap to clean with. No one

18 comes in to clean my cell and I have no access to disinfectant. There are balls of dust

19 everywhere on the floor and the cell is incredibly disgusting.

20

19. The paper mask I received before being transported to CTC was lost along

21 the way and I did not return to CRDF with a mask. I was told by a deputy that I cannot

22 receive my medication if I am not wearing a mask and I did not receive medication on

23 my first day back from CTC. I was given one mask on April 11, 2020. I have not been

24 given gloves or disinfectant.

25

20. I have not received my medical diet or the constant liquids I require as

26 prescribed by the doctor at CTC. Milk is the only liquid I am served throughout the day.

27 However, I am allergic to milk and the jail staff is aware of this.

28

21. The nurse comes to see me three times a day and takes my temperature,

DECL. OF CATRINA BALDERRAMA

-4-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 16 of 87 Page ID #:625

1 which is now fairly stable, around 97.8/98 degrees. When the nurses take my blood

2 pressure and temperature, it is through a slot in the door, they do not come inside my cell.

3

22. I feel like I am developing symptoms again, like a sore throat and headache.

4 I am terrified I am going to die in here. My mother is in a coma and I am her conservator.

5 Yet, I have not been able to call home in 12 days. I am so afraid she might be dead and I

6 would not even know.

7

23. If I were released I would be able to live with my mother-in-law Edna

8 Franco in Ontario who has a backhouse that has a separate exit and entry so that I could

9 remain quarantined from other people.

10

11

I declare under penalty of perjury under the laws of the State of California and the

12 United States of America that the foregoing is true and correct. Executed this 17th day of

13 April 2020, in Los Angeles, California.

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECL. OF CATRINA BALDERRAMA

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 17 of 87 Page ID #:626
Ex. 3

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 18 of 87 Page ID #:627

1

DECLARATION OF RODNEY CULLORS

2 I, Rodney Cullors, certify under penalty of perjury that the following statement is true

3 and correct pursuant to 28 U.S.C. § 1746.

4

1. My name is Rodney Cullors. I am 58 years old and I have been incarcerated

5 in the Men’s Central Jail in Los Angeles County since February 2019. I’ve been waiting

6 over a year for a trial in my case. I’m incarcerated because I can’t afford to pay my bail.

7

2. Because of my age and medical conditions, I have been terrified about

8 getting infected with the coronavirus. I have hypertension, heart problems, and spinal

9 damage. I have also been diagnosed with schizophrenia, bipolar disorder, and manic

10 depression. Due to my spinal damage, I need to use a wheelchair to move around here in

11 the jail. On the outside, I need to use both a cane and leg braces in order to walk.

12

3. With my age and medical conditions, I worry I won’t recover if I get

13 infected in the jail. I want to feel safe here, but I don’t. I don’t say this lightly, but I am

14 terrified that I am next to get infected. I am terrified that I will die here.

15

4. There is no way for me to keep clean here in the jail. I don’t have hand

16 sanitizer, and I haven’t had soap in weeks. The jail gives me no soap in my cell, so I

17 can’t wash my hands or my body. Inmates can purchase soap, but it’s expensive and my

18 commissary account is empty. The jail also doesn’t give us any paper towels. We’re

19 given one cloth towel, but they only do laundry once a week. My towel gets dirty

20 quickly since I don’t have soap to wash my hands. With no way to wash and dry my

21 hands, I cannot take even the most basic steps to avoid getting infected with coronavirus.

22

5. Due to my medical and psychiatric needs, I am confined in a single-person

23 cell. I have access to a shower in my cell, but it is not accessible, and I don’t even have

24 soap. I recently slipped when using the shower in my cell, and I got a laceration on my

25 forehead. The reason I slipped is because the shower in my cell is not compliant with the

26 ADA, and I need to use a wheelchair to move around here. Ever since that injury, I’ve

27 been afraid to use that shower. I don’t want to slip and get hurt again.

28

6. Once a week, I’m allowed to use an ADA-compliant shower outside my cell.

DECL. OF RODNEY CULLORS

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 19 of 87 Page ID #:628

1 Even if I’m less likely to get injured there, the shower is extremely dirty. It’s a shared

2 shower, and as far as I know, it doesn’t get cleaned between different people using it. I’d

3 be surprised if it ever gets cleaned. Also, the exhaust in the shower is clogged, so it feels

4 like the air and steam never circulate out of there. I’m scared that someone infected

5 might use the shower, and I could get sick from that too. The shower is full of mold and

6 filth. The last time I showered was in the ADA-compliant shower last week, but I think I

7 might stop doing that from now on in order to protect myself from getting infected while

8 in there.

9

7. No one in the jail has given me any advice or information about the virus,

10 not even medical staff. There are no signs posted. I have not been handed a flyer or any

11 written materials about the virus. On Tuesday, April 7, I talked to nurse practitioner or

12 physician’s assistant. I asked her about the coronavirus and she told me the jail was the

13 safest place for me to be. I think everyone know that isn’t true.

14

8. The way the food is served means it very easily gets contaminated. Before

15 we get the food, it just sits there in open trays on an open metal cart, sometimes for hours.

16 Other inmates walk by during that time, and I’ve seen people cough and sneeze on or

17 near the food. It’s so easy to do that since the food is just sitting there. The food then

18 gets served to us by other inmates. I’ve seen those inmates cough while serving food.

19

9. In fact, I learned that a food worker (incarcerated individual) who has been

20 serving food for many months now, I estimate six months, has been quarantined as of

21 Sunday, April 12 because he may have tested positive for COVID-19. No deputy has

22 asked me if I am experiencing symptoms even though this food worker has served me

23 food recently.

24

10. I stopped eating for days because I know the food the jail feeds us is

25 unhygienic and unsafe. After five days, I finally ate on Tuesday, April 7, when a deputy

26 who knows I wasn’t eating brought me a tray wrapped in plastic. The food was nothing

27 different from normal, but it tasted amazing after the days of starvation. I’m still scared

28 of the jail’s food though. I need to eat but I don’t want to get infected.

DECL. OF RODNEY CULLORS

-2-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 20 of 87 Page ID #:629

1

11. We are able to use a shared dayroom, but it’s very small, probably 10 by 14

2 feet or 12 by 18 feet. There’s typically around twelve people crammed into that tiny

3 space, and it looks like it’s never cleaned. I often see spit on the walls or surfaces,

4 sometimes wet or sometimes dry and crystalized. I usually try my best to use the

5 dayroom when I can, in order to get out of my cell, and I last went this past Wednesday

6 morning, April 8. There were less people there, around six or so, but it was still

7 impossible to stay six feet away from others since the room is so small. People were not

8 wearing masks, and one person without a mask had a violent hacking cough. I do not

9 want to go back there again.

10

12. On April 10 around 1:00 AM or 2:00 AM, a deputy dropped off a box of

11 masks for our unit. The masks were poor quality and extremely flimsy. As soon as I put

12 mine on, the strap broke. Before this, I’d been trying to use a small mask that a nurse

13 who I know gave me three weeks ago. This mask can go over my mouth but doesn’t

14 always stay over my nose. I don’t have any soap to clean the mask, so it’s been

15 unwashed the entire time. And no one told me how to clean it anyway. After the new

16 mask they gave me broke, I went back to using my old, uncleaned one. The jail staff

17 recently handed the prisoners in the medical unit brown cloth masks, but provided no

18 instructions on how to wash or clean it.

19

13. Even though I’m confined in a single cell due to my medical needs, it is

20 impossible for me to maintain distance from others in the jail when I leave my cell for

21 attorney visits or medical appointments. The deputies seem to be keeping distance and

22 taking other measures to protect their own health, but they do not permit us to stay distant

23 from others.

24

14. In fact, the deputies are keeping their distance in ways that force us inmates

25 into close contact. For example, when I was coming to the attorney visitation area on

26 April 10, the deputies made us line up against the wall away from them squished up close

27 to each other. In the elevator down to the visitation area, people were coughing. I was

28 very concerned about being required to share such a small confined space with people

DECL. OF RODNEY CULLORS

-3-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 21 of 87 Page ID #:630

1 who were coughing.

2

15. I’m also forced into close contact with others whenever I need medical care.

3 Last week, I was transported from the jail in a van with other wheelchair-confined

4 inmates because I needed an MRI. There were three of us in total chained to the

5 wheelchair van, all on our way to medical care. All of us were over 50. None of the

6 other men had masks, and some were coughing. I tried to stretch my shirt over my face

7 to protect myself.

8

16. I was in the “Urgent Care” clinic here about a month ago because I had

9 spasms in my lower extremities. The inmate on the gurney right next to mine, about two

10 or three feet away, was very sick and coughing. His shirt was off, he was sweating

11 profusely, and his eyes looked yellow. I was next to him for 30 to 45 minutes. Everyone

12 was standing around him with masks on. I asked for a mask, feeling worried about the

13 droplets from his coughing. The nurses then pulled the dividing curtains. There was

14 nothing separating me from him until I mentioned it. After my appointment, a nurse who

15 was transporting me back to my cell told me that this patient was infected with

16 coronavirus.

17

17. If I were to be released, I could stay either with my sister or a friend. I used

18 to see a doctor regularly before I was in jail. If I wasn’t here, I would be able to

19 quarantine, and I would be able to ask my doctor for the medical care and advice that I

20 need.

21

18. I am concerned that I would not receive prompt medical care if I were to

22 become infected in jail. Whenever I put in a request for medical care, it takes a month

23 / / /

24 / / /

25 / / /

26

27

28

DECL. OF RODNEY CULLORS

-4-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 22 of 87 Page ID #:631

1 before they see me. That’s in normal times, and I know they have lots more medical

2 requests right now due to the virus. I don’t want to die here. I should not be here. I am

3 going to be 60 next year. Well, I hope I am.

4

5

I declare under penalty of perjury under the laws of the State of California and the

6 United States of America that the foregoing is true and correct. Executed this 17th day of

7 April 2020, in Los Angeles, California.

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECL. OF RODNEY CULLORS

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 23 of 87 Page ID #:632
Ex. 4

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 24 of 87 Page ID #:633

1

DECLARATION OF HOLLY DAVIDSON

2 I, Holly Davidson, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would

4 testify competently thereto:

5 1. I am currently incarcerated at the Century Regional Detention Facility

6 (“CRDF”), in Lynwood, California. I am 33 years old and have been incarcerated

7 here since May 8, 2019 awaiting trial.

8 2. I am housed in module 3200 in a cell with a roommate. This module is

9 considered moderate observation housing. The cell is about 8 feet by 15 feet and

10 contains one toilet, one sink, a desk, and a 2-tiered bunk bed. There is no possible

11 way to be six feet away from my roommate at any given time.

12 3. My cell door opens up onto the dayroom. There are 12-13 women who

13 sleep in the day room. The bunk beds in the day room are grouped very closely

14 together, about one foot away from each other. Everyone in the day room eats

15 together and they are not six feet apart.

16 4. I do not come out of my cell, except for one hour per day. When I am in my

17 cell, myself and my roommate each stay on our bunks and read. We do not play

18 cards or interact in a way that could spread the virus.

19 5. I have been diagnosed with post traumatic stress disorder (“PTSD”) since a

20 very early age. I take Seroquel and Risperdal for my PTSD.

21 6. I was diagnosed with lymphoma in February of 2016. In 2016 I had one

22 round of chemotherapy which sent me into cardiac arrest and I did not have

23 another round of chemotherapy after that. When I arrived here, they performed a

24 PET scan and told me I was in remission. However, every morning I wake up with

25 pain in my lower abdomen. I have been given Motrin for this pain. As a result of

26 my lymphoma sometimes my leg swells up and I cannot move; other times my leg

27 goes numb. I am scheduled for a blood test on April 16, 2020, but I am scared to

28 go to medical because I am afraid to contract COVID-19.

- 1 -
DECLARATION OF HOLLY DAVIDSON

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 25 of 87 Page ID #:634
1 7. I also have asthma and I am able to keep Albuterol in my cell. 2 8. I have had seizures in the past, which I understand might be related to a 3 diagnosis of mild narcolepsy. My last seizure was in August or September of 4 2019. I am prescribed Keppra for these seizures. 5 9. I put in a medical request for a mask around the end of March and followed 6 up with a grievance one week later. I finally received one mask on April 11, 2020. 7 It is a cloth mask made by the women here. I do not know if this mask will protect 8 me or others from contracting the virus. 9 10. On or about April 6, 2020 I was seen by medical staff and had my vitals 10 tested because I was having a hard time breathing. I was told my blood pressure 11 was low, but that otherwise my vitals were fine. 12 11. I do not believe the jail staff was taking this pandemic seriously until the 13 week of April 6, 2020. 14 12. There are three videos that jail staff have played in our module about 15 COVID-19. From my cell I cannot see or hear them very well. The only things I 16 have learned from them is to cough into my elbow and how to wash my hands. I 17 do not know if I should be eating food from the commissary, how often to clean 18 my room, or what to eat from the kitchen. 19 13. I am given half a bar of soap every day for free, but no hand sanitizer. I get 20 clean laundry once a week, but sometimes I do not get clean boxers every week.
21 22 23 24
25 // 26 // 27 // 28 //
- 2 -
DECLARATION OF HOLLY DAVIDSON

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 26 of 87 Page ID #:635

I

14. I

I have not been told if anyone at CRDF has tested positive for COVID- 19.

-)

4 I declare under the penalty of perjury under that the foregoing is true and correct.

5

Executed tns =,|-!| day of April ,2020, at Lynwood, California.

C
i
Hollv Davidson
8

C

1C
l1
12 13
l4
15 16 11 18
t9
2A
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22 23 24 25 26 27 28
--1 -
DECLARATION OF HOLLY DAVIDSON

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 27 of 87 Page ID #:636
Ex. 5

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 28 of 87 Page ID #:637

1

DECLARATION OF CAROLE DUNHAM

2 I, Carole Dunham, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would

4 testify competently thereto:

5 1. I am currently incarcerated in the Century Regional Detention Facility in

6 Lynwood, CA. I am 30 years old and a mother of two.

7 2. When I was 9 years old, I was diagnosed with Type 1 Diabetes. The nurses

8 check my blood sugar levels and I receive insulin shots four times a day. For a
9 couple of months, I was receiving too high a dose of insulin and constantly had
10 low blood sugar. My dose has now been adjusted. I have consistently had trouble
11 managing my blood sugar in jail, in part because the food is so unhealthy.
12 3. There are four other diabetics who I know of in my unit, which is module
13 3700. I also know of other diabetics in the next module, 3600. I heard on the
14 news that people with diabetes have a higher risk of getting infected and not 15 recovering, and so I have been very scared. My mother has also been scared and 16 worried for me. 17 4. I was first convicted in 2014 on a non-violent charge. The judge gave me 3 18 years probation and 608 hours of community service. When the three years were 19 up, I had not yet completed my community service—I had 100 hours remaining. 20 My daughter was only three years old at the time, and her father had died in 2016.
21
As a result of that trauma, health problems I was having at the time, and trying to 22 care for my daughter alone, it was hard for me to complete all my community
23
service. I did not get it done by the extended date the judge set. Due to my failure
24
to complete the community service, the judge decided to sentence me on the
25
original crime to three years in jail. I began my sentence in August 2019 in the
26
same module I am in now, module 3700.
27

28

{H0615990.1}

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DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 29 of 87 Page ID #:638

1 5. I am an inmate worker in my module. My job is to clean the module, which
2 I do every day. When the inmate workers clean the module, they give us gloves
3 but no masks. The cleaning solution they give us has a label that says “Citracide”.
4 6. I used to sleep in the dayroom of the module, which is a central area that all
5 the cells open onto, but not long ago, maybe two weeks ago, I have been given a
6 roommate, Jacqueline Valenzuela, and we both share a cell. Meals are delivered
7 to our cell and the sink and toilet are in our cell. If we are not awake when meals
8 are delivered, they place them on the floor right next to the toilet. It does not
9 seem sanitary to put the food there.
10 7. We are allowed to use the dayroom but they have decreased the number of
11 people who can be in the dayroom at one time.
12 8. My roommate and I were not given any masks until this morning. The
13 mask I have now is made of cloth, sewed by other inmates. They gave each 14 person only one mask. I wash the mask in my sink. Before we received these 15 masks, I observed some of the women in my module make their own masks out of 16 materials in their cell. A deputy in our module kept making those women take off
17
their face coverings and said we were not allowed to have face coverings. She
18
told them they would be sent to 23-hour disciplinary lockdown if they keep those
19
face coverings. I heard the deputy say this to someone as recently as this past
20
Wednesday.
21
9. There is no hand sanitizer in the dayroom or in our cells, although the
22
deputies have hand sanitizer at their desk. There is a large sink in the dayroom,
23
but the soap dispenser has been out of soap the entire time I have been here, since
24
last August. There are no paper towels to dry your hands on at the sink in the
25
dayroom or at the sinks in our cells.
26
10. When we were allowed to access the dayroom, we had a schedule for who
27
would clean the showers, and they were cleaned every day. Now, there is no set
28

{H0615990.1}

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DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 30 of 87 Page ID #:639

1 assignment for cleaning the showers. I did see one inmate volunteer one day to
2 clean the showers at night, but there does not seem to be any policy or plan for
3 cleaning the showers.
4 11.There is only one small pot for heating up water for all the inmates. We all
5 use that same pot and it is the only thing that keeps us warm when it is really cold
6 in here. There is no procedure for cleaning that. There is dirt in the hallways and
7 in the carpets.
8 12. When I am cleaning for my inmate worker duties, I wipe the phones down
9 approximately three times per day. But we all use the same phones throughout the
10 day, and they are not wiped between each use. I have seen people cough on the
11 phones. These are the phones we use to call our families and call our attorneys.
12 13. In late March, an inmate fell sick in one of the cells. This illness occurred
13 while I was still sleeping in the dayroom, so I was separated from the sick inmate 14 by a glass door, and the inmate had been allowed to come out and wander around 15 the dayroom whenever she wanted. I saw her coughing and I heard her tell the 16 deputy she had a fever. When she told the deputy this, the deputy did not react or
17
have her taken to medical. Her roommate then became sick as well, with a fever
18
and cough. I heard the roommate coughing, and she told everyone around her that
19
she had a fever.
20
14.After her roommate fell sick, the deputies came into the module with
21
masks, put masks on her and her roommate, and took them out of the module.
22
They took the first inmate who had complained out first, and then her roommate.
23
I do not know where they were taken to, but they did not return. Before they were
24
taken out of the module, they did not have masks.
25
15. Two or three days after the inmates were taken out, I and the other inmate
26
workers were asked to clean the room so new people could be put in there. I
27
complained to the deputies that I did not think it was safe to clean the room at this
28

{H0615990.1}

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DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 31 of 87 Page ID #:640

1 point, especially without a mask. I told them that I thought professionals should
2 clean the room. The deputies know that I am diabetic and get shots four times a
3 day. However, the deputies told me that we had to do it because they needed the
4 cell for new people. I had no mask or protective equipment, so I put a plastic
5 trash bag over me and wrapped a t-shirt over my face.
6 16. After I cleaned the room, I started to sneeze and I developed a dry cough
7 over the next few days. I then told my mother what had happened, and she told me
8 she was going to call the jail and insist that they take me to medical and give me a
9 test. She told me she was particularly worried about me because of my diabetes.
10 Shortly after that phone call, the deputies took me to medical, but the medical
11 personnel told me I just had allergies, and did not do a nasal swab or any other
12 kind of test. I still have not received any test.
13 17. It feels to me as though the deputies do not care if we contract the virus. 14 Many deputies do not wear their protective gear in the jail, even though I know 15 that they have masks because I see them wearing their masks from time to time. I 16 do not understand why they did not even let us use homemade face coverings,
17
even as people were getting sick. And I do not understand why there is no
18
professional cleaning in the jail. I am worried for myself because I know that my
19
diabetes makes me more vulnerable.
20
18.\ Over the weekend of April 10, 2020, I asked the deputy on duty for a
21
grievance form but the deputy told me there are no forms available in our module.
22
19.There is one person in my module who has been coughing all through the
23
night in the past few nights. Today, someone else came up to me and said she had
24
a fever and a sore throat. I told her to go to the nurses’ station. When she came
25
back from the nurses’ station she said that the nurses were just giving her cold
26
medicine and did not take her to medical. She went back into her cell, which she
27
shares with a roommate.
28

{H0615990.1}

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DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 32 of 87 Page ID #:641

1 20.Even when I have a medical need, it is so hard to even see a doctor. After 2 we submit a medical request form, it takes 2 or 3 weeks before any doctor sees us.
3
// 4 //
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
23 // //
24 25 26 27 28

{H0615990.1}

- 5 -
DECLARATION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 33 of 87 Page ID #:642
20. lf I had developed this cough while liee, I would have called rny doctor' and asked for a test due to t.tty uttdellying health condition. As all illllate at CRDF, however', I atn unable to access a test. I aln vel'y ali'aid fol rny satl'cty.
I declale under the penalty o1'perjuly undel that the firregoing is tt'ue and cortect. Exccuted thisf{clay of April ,2020,at Lynwoocl, Califbmia.
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DI]CLARA'TION OF CAROLE DUNHAM

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 34 of 87 Page ID #:643
Ex. 6

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 35 of 87 Page ID #:644

1

DECLARATION OF JEREMIAH FARMER

2 I, Jeremiah Farmer, certify under penalty of perjury that the following statement is true 3 and correct pursuant to 28 U.S.C. § 1746.

4

1. My name is Jeremiah Farmer. I am 19 years old and I am incarcerated in the

5 North County Correctional Facility in Los Angeles County. I am currently serving a one6 year sentence, and concurrent to that I am also awaiting trial since January 9, 2020, on

7 other charges.

8

2. I am currently incarcerated in Dorm 717, along with around 46 other men.

9 This includes older people. Some of the people in the dorm are over 50, maybe over 60. 10 The dorm is packed extremely tightly. No one was wearing masks until on or around

11 April 15, 2020, when the deputies came around and gave everyone brown cloth masks.

12

3. Because I am in extremely close quarters with other people and unable to

13 keep any distance from them, I am very afraid of getting infected with the coronavirus.

14

4. On Tuesday, April 14, someone in my dorm may have identified as being

15 positive for COVID-19. I believe he is now in a hospital. As a result, my dorm was

16 placed in quarantine. We were responsible for cleaning the cell with a bucket of water 17 and diluted cleaning products that was put in there. We wiped the floors and railings with

18 the water in the bucket. We swept the trash. We did not get new bedding, new clothes, or 19 new towels. No nurses came by to check my temperature or to ask me, or anyone else in

20 the dorm, if we were experiencing symptoms. We just got out of quarantine yesterday

21 and everyone in my dorm is on edge. We received no information about whether the 22 prisoner tested positive or negative.

23

5. I was first given a brown cloth face mask on or around April 15. Probably

24 around two weeks ago, I first saw the officers wearing masks when they came into the

25 dorm. When I saw this, I asked the deputy if I could get a mask too. He said no. None 26 of the other inmates in my dorm are wearing masks. Everyone is breathing and coughing

27 on each other. I am very afraid of getting infected from the other people in the dorm. I 28 have not been provided any instructions on how to clean the brown cloth mask.

DECLARATION OF JEREMIAH FARMER

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 36 of 87 Page ID #:645

1

6. Everyone is in bunk beds in the dorm, stacked three high, and each stack of

2 bunks is about two or three feet away from the next stack. While laying down, I can

3 touch the beds next to me. The top bunk is about a foot away from the ceiling.

4

7. All day long, others in the dorm are regularly coughing and sneezing around

5 me, and there is nothing I can do about it. People have been coughing very close to me,

6 even in the beds right next to me.

7

8. The way the meals are served are not sanitary and do not seem safe for

8 protecting us from the virus. For some meals, other inmates are assigned to drop trays off

9 at each bed from a shared cart that is slid into the dorm. For other meals, including

10 dinner, inmates serve us the food from large tubs. I have seen them cough on the food

11 and touch their faces when they serve us food.

12

9. I have also seen people coughing while they use the shared phones. There

13 are a total of six phones in the dorm, and we all share them to call our families or call our

14 attorneys. In my entire time here, I only once saw someone come in to clean the phones.

15 The phones are not wiped clean in between different people using them, and I am worried

16 we could get infected from them.

17

10. I have never had hand sanitizer in the jail. We are given a small bar of soap,

18 like the kind you see in a motel. The soap is labeled “Freshscent Deodorant Soap” and I

19 don’t think it’s anti-bacterial. The soap is replaced once a week or so, and sometimes I

20 run out of mine before it’s replaced. When that happens, I have to go without soap or ask

21 others to borrow theirs. The guards have the discretion to give us soap – some days they

22 give it, other days they won’t. Ever since our quarantine, the soaps have remained the

23 same and I am concerned that the soaps are not effective against bacteria and viruses.

24

11. The fifty or so of us in the dorm share only two showers between all of us.

25 An inmate is assigned to clean that shower once a day, but there is no cleaning in

26 between different people using it. On any day, twenty or thirty people regularly use a

27 shower before it’s cleaned. The shower is very dirty.

28

DECLARATION OF JEREMIAH FARMER

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 37 of 87 Page ID #:646

1

12. We also used shared sinks to wash our hands. There is sometimes a bar of

2 soap there but often not, and then I have to go around and see if someone has a bar of

3 soap nearby for me to use.

4

13. I only have one towel to use after both showering and washing my hands. I

5 get a new towel only when the laundry exchange happens once a month, so I have to use

6 same unwashed towel for a month.

7

14. Other than announcements that we hear over the loudspeaker about covering

8 our mouths when we cough and washing our hands, no medical staff have given me any

9 information or advice about coronavirus and what I need to do to protect myself.

10

15. About two or three weeks ago, a whole bunch of people were brought into

11 the dorm from the North facility up the street here. I heard rumors that they were moved

12 because of coronavirus, but I have no way to know because no one tells us anything.

13

16. I am very afraid about being in here in such close quarters with dozens of

14 people. We have no protection against infection. I keep hearing about infections in the

15 news and from family, but I have no way to protect myself in here.

16

17. My mother is a nurse and has been giving me advice on the phone about

17 how to protect myself. My mother is scared for me. She has been urging me to be

18 careful about being too close to other people and about keeping clean, but there is pretty

19 much nothing I can do in here to be careful and protect myself.

20

18. If I was released, my family could pick me up and I could stay with my

21 mother. If I wasn’t in here, I could quarantine and practice social distancing, and I could

22 get the medical care and protection that I need. In jail, I can’t do much to protect myself.

23 I declare under penalty of perjury under the laws of the State of California and the
24 United States of America that the foregoing is true and correct. Executed this 18th day of
25 April 2020, in Los Angeles, California.
26

27

28

Jeremiah Farmer

DECLARATION OF JEREMIAH FARMER

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 38 of 87 Page ID #:647
Ex. 7

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 39 of 87 Page ID #:648

1

DECLARATION OF ANDREW FUENTES

2 I, Andrew Fuentes, certify under penalty of perjury that the following statement is true

3 and correct pursuant to 28 U.S.C. § 1746.

4

1. My name is Andrew Fuentes. I am 20 years old, and I am a resident of Los

5 Angeles County. I currently live in Santa Clarita. I was incarcerated pending trial at the

6 Men’s Central Jail and North County Correction Facility from January 27, 2020, to April

7 8, 2020. I am still awaiting trial, and I was released from jail because my family paid a

8 bail bondsman for my bail.

9

2. I have long had serious medical conditions related to my liver and bone

10 marrow. I tested positive for hepatitis in early 2017. About a year later, in January 2018,

11 I was diagnosed with severe aplastic anemia, a bone marrow disease. Because of that

12 condition, I was hospitalized for three months and received full-body radiation and

13 chemotherapy, and I received a bone marrow transplant in March 2018. I have been

14 immunocompromised as a result of that condition and treatment. As part of that

15 treatment, doctors also took a bone biopsy, and this procedure caused nerve damage. I

16 then had to go through physical therapy for months in order to teach myself how to walk

17 again. A few years ago, I was also having seizures regularly, about every week.

18

3. I was arrested and detained pretrial starting on January 27, 2020. I was

19 arrested because I turned myself in, and then I was held on a $50,000 bail. My family

20 and I could not afford this bail amount.

21

4. On March 24, my public defender tried to get my custody reduced to release

22 on my own recognizance in light of my medical conditions. The judge refused to do this.

23 Instead, he reduced my bail to $49,000. I was finally released early on the morning on

24 Wednesday, April 8, because my family was able to pay my bail through a bondsman.

25

5. When I was first booked for detention, I received some kind of medical

26 check-up at Twin Towers downtown. I told the doctors at that check-up about my

27 medical history including my hepatitis, anemia, and chemotherapy. Because of the

28 information I shared then, the jail should have known about my prior medication

DECLARATION OF ANDREW FUENTES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 40 of 87 Page ID #:649

1 conditions and my vulnerability to complications from a coronavirus infection. But they

2 did nothing to screen, isolate, or protect me.

3

6. When I was turned myself in to the Sheriff’s Department and was arrested,

4 my mom handed the sheriff’s deputies my MedicAlert necklace, which contains crucial

5 information about my medical conditions and medical history. My mom told the deputies

6 this was important for the jail to keep in order to monitor and treat my conditions, but the

7 necklace did not seem to make it beyond that point. I believe the jail put in with my

8 property, which I did not have access to, and the information was never passed on.

9

7. I was housed at North County Correctional Facility starting sometime in

10 early March. I was detained there in a dorm with about 70 or 80 people, all sleeping in

11 double bunks, all of us close to each other. The bunks were attached to each other on the

12 sides against the wall.

13

8. It was impossible for me to keep distant from others in the dorm. While

14 lying down or sitting on my bunk, I could easily just reach and touch the next person’s

15 bed. There was no way for me to keep six feet away from the person next to me. I tried,

16 but it was impossible. People were coughing and sneezing on everyone, and I was unable

17 to stay away.

18

9. I asked the guards at North County for masks many times. Other people

19 asked too. But they never gave any of us masks. I never had a mask in the dorm. None

20 of us did. The guards sometimes had masks, but they wouldn’t always wear them.

21

10. I went to court on March 24 and April 7. Both times that I went to court,

22 everyone going to court that day was first put in a crowded hallway. There were 30 or so

23 of us there in that hallway, from different dorms and different parts of the jail. The

24 hallway was probably 10 feet long and no more than four steps sideways. It wasn’t big at

25 all, and all of us were stuffed in there without any masks or way to protect ourselves.

26 People were coughing and sneezing. After making us line up, the guards handcuffed us

27 and put all of us on the bus. On the bus, I had to share a seat with someone else and was

28 chained to him. No one on the bus had masks. The jail didn’t check temperatures or

DECLARATION OF ANDREW FUENTES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 41 of 87 Page ID #:650

1 perform any other medical screening either before or after we went to court. Instead,

2 when we got back, we were put back in the dorm after being exposed to all those people.

3

11. In the dorm, I mostly had to figure out myself how to get soap because the

4 jail only gave me one small free soap when I first arrived, and I ran out of that in two

5 days. The guards did not hand out soap. When I had money in my commissary, I would

6 usually use it to buy food because I was hungry, and then sometimes I would trade food

7 items for soap. For example, I would trade a packet of instant ramen noodles for soap or

8 other trades like that. Because soap was expensive, I had difficulty buying it or getting it

9 from other people. The soap that people could get through commissary was just a small

10 white bar, never liquid soap. I never had hand sanitizer. I wish I did, but they never gave

11 us any.

12

12. We had to do our own laundry in the sink using that same soap that we had

13 to make do with for showering and for washing our hands. In order to save soap, I just

14 showered wearing my clothes. We never had paper towels, just one small cloth towel

15 that we also had to clean ourselves by hand. We never received any laundry detergent for

16 cleaning.

17

13. A few inmates in the dorm were in charge of assigning jobs among us, and

18 the job I was assigned was cleaning showers. It was the dirtiest job and I didn’t want to

19 do it, but I couldn’t get out of it. I wasn’t really able to clean that well though. There

20 was a bucket of liquid cleaning solution and I tried to use that. I wore a shower-cleaning

21 shoe and used it to try to scrub the shower and pick up hair, filth, trash, and whatever else

22 was in the shower. I cleaned the showers twice a day, but people used it in many times in

23 between cleanings.

24

14. Some other inmates were in charge of cleaning shared surfaces, like the

25 tables, the floors, sometimes the railings. Those chores were assigned each week, and

26 whether surfaces got cleaned really depended on who was cleaning that week. Inmates

27 used the same wet towels for all of this cleaning, along with the bucket of cleaning

28

DECLARATION OF ANDREW FUENTES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 42 of 87 Page ID #:651

1 solution. But the surfaces were usually cleaned at most once a day, and we all touched

2 these common surfaces in between cleanings.

3

15. I tried to wipe down the phones before using them, but they were not

4 regularly cleaned. I have seen people cough on the phones and spit while talking on the

5 phones. One time the phone was wet with tears when I picked it up because the person

6 who made a phone call before me was crying.

7

16. The jail never really gave us information on the coronavirus, so most of

8 what I knew came from newspapers or from phone calls with family. I heard from

9 another person inside that the jail sometimes showed a video about coronavirus, but I

10 never saw it. Maybe the video played while I was asleep.

11

17. Around the middle of March, I started having severe headaches like

12 migraines, as well as fatigue, chest pain, and shortness of breath. I didn’t know what it

13 was. When I went to medical with these symptoms, all they did was give me Advil. After

14 I told my mom on the phone how I felt and the jail’s response, she called the jail and said

15 I needed more serious medical attention.

16

18. In late March, I was moved to Men’s Central. I was detained there for about

17 a week and half before I was released. No one told my why I was moved, but it might

18 have been because related to my medical needs because it happened after my mom called

19 the jail and said I needed medical attention. Before I was brought to Men’s Central, a

20 doctor evaluated me at the USC hospital. The doctor at USC told me I should not be in

21 jail during the coronavirus pandemic due to my medical history and conditions. He said

22 he would sign emergency documents so that I would be released from jail. That never

23 seemed to happen though, because I was not released until my family hired the

24 bondsman.

25

19. After I was brought to Men’s Central, I was put in a cell by myself. The first

26 cell I was detained in was in some kind of medical area. I was not allowed to leave this

27 cell, and I was isolated for the week. I could not shower the entire time because there

28

DECLARATION OF ANDREW FUENTES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 43 of 87 Page ID #:652

1 was no shower in the cell, and they did not take us to the shared shower. They also didn’t

2 notify our families of where we were or why.

3

20. After a week in that cell, I was to solitary for about a day. From there, I was

4 moved to a two-man cell with someone else, also in Men’s Central. My cell mate was

5 over 70 years old and blind. Neither of us had masks. He was coughing on me, and I

6 was unable to stay away because we were in this small box together. We were breathing

7 the same air and touching the same surfaces.

8

21. There was a dayroom I could use from the shared Men’s Central cell, but it

9 was always very dirty and there were lots of people in there, so I never went in there. We

10 were allowed to shower every other day, using a shared shower. I think around eight

11 people shared this shower. There was a lot of trash everywhere, and it did not seem to be

12 cleaned.

13

22. When I first arrived in that new cell, the jail never gave me a clean bed

14 sheet. Instead, I had to sleep on the previous person’s bed sheet. My cell mate told me

15 that previous person who used the cell and used those sheets had come fresh off the street

16 and was coughing and sick too.

17

23. After about five or six days in that cell, I was moved to another two-man cell

18 in Men’s Central. I had a new cell mate here. He was 39 years old. He also was

19 coughing and sneezing a lot, and I couldn’t stay away from him either. Again, neither of

20 us had masks. He also did not appear to have good hygiene and did not clean or take care

21 of himself. I was very worried about getting infected from him.

22

24. When I first arrived at Men’s Central, they gave me a kit with a small bar of

23 soap inside, but it only lasted about two days. After that, I again had to trade food from

24 commissary for soap, just like at the last jail.

25

25. When I was in Men’s Central, I was never given any cleaning solution or

26 cleaning supplies for my cell, even the cells that I shared or where other people had been

27 detained right before. When I was in the first cell that I shared, the one where someone

28 from the street had been right before me, I asked the guards for cleaning solution so I

DECLARATION OF ANDREW FUENTES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 44 of 87 Page ID #:653

1 could clean my floor and bunk. I asked multiple times, but they never gave me anything

2 to clean my cell. While at Men’s Central, I was never able to clean my cell or the shared

3 areas.

4

26. After we would eat dinner in our cells at Men’s Central, we would slide our

5 trays out under the cells. Sometimes they would stay there for hours or days, without

6 anyone picking them up or cleaning. This did not seem very sanitary. The food was

7 nasty and smelled as it rotted. In the same hallway, the trash cans were overflowing with

8 trash.

9

27. When I was released, the jail first put me in the tank, a pretty small room the

10 size of a regular bedroom or so. There were around 35 people in that small space, and I

11 was there for five or so hours. None of us wearing masks. People were sitting right next

12 to each other on the floors. There was a bathroom in there but it was filthy and unusable,

13 with food, feces, and urine everywhere. A lot of people were coughing, a lot of people

14 were sneezing, and we weren’t able to go anywhere because we were all crammed in

15 there.

16

28. Now that I have been released, I have been able to quarantine and get the

17 medical care I need. I was not able to do this while detained. Even though I had these

18 serious and potentially deadly medical conditions that the jail knew about – and even

19 though the doctor who I was taken to said I needed to be released – I was released only

20 because my family was able to put money together to pay a bondsman.

21

22

I declare under penalty of perjury under the laws of the State of California and the

23 United States of America that the foregoing is true and correct. Executed this 22nd day of

24 April 2020, in Los Angeles, California.

25

26

27

Andrew Fuentes

28

DECLARATION OF ANDREW FUENTES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 45 of 87 Page ID #:654
Ex. 8

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 46 of 87 Page ID #:655

1

DECLARATION OF VICTOR GUTIERREZ

2 I, Victor Gutierrez, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto:

6

2. I am currently incarcerated in Twin Towers Correctional Facility (“TTCF”)

7 in Los Angeles, California. I have been incarcerated at TTCF since March 13, 2020.

8 My lawyer has been trying to get me a bail hearing, but he says the courtroom my case is

9 supposed to be heard in is closed and he has not been able to get me a hearing for a bail

10 motion on the calendar.

11

3. I am a 22-year-old Latino man. Due to the conditions in the jail, the lack of

12 precautions to prevent the spread of COVID-19 that I have observed from jail staff and

13 deputies, and my underlying health conditions (described below), I live in constant fear

14 that I will contract COVID-19 inside the jail.

15

4. I am afraid to be locked in a place where I am exposed to COVID-19,

16 especially given how serious the virus is and that I’m vulnerable to contracting the

17 disease.

18

5. The other inmates and I are given one very small bar of soap and one roll of

19 toilet paper every week. We run out of the soap very quickly, usually within 3 or 4 days,

20 because we use the soap to wash our hands, our bodies, and our clothes. The toilet paper

21 runs out quickly, too, because we have to use the toilet paper to dry our hands since we

22 don’t have access to clean towels or paper towels.

23

6. I have multiple underlying health conditions: I suffer from acute asthma,

24 sclerosis, inflamed spinal discs, a caloric deficiency, and pre-diabetes.

25

7. I told the nurse at the Inmate Reception Center (“IRC”) that I have these

26 medical conditions. After waiting 14 hours at the medical facility in IRC to see a doctor,

27 the nurse told me, “You look fine to me,” and had me go back to my cell without any

28 prescriptions and without me seeing a doctor. I was not even given an inhaler. I still

DECLARATION OF VICTOR GUTIERREZ

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 47 of 87 Page ID #:656

1 have not received an inhaler to this day. [[p

2

8. It takes 2-3 weeks to see a doctor after a request is submitted. I submitted a

3 request to see a doctor as soon as I got out of IRC, on March 20th, since the nurse blew

4 me off. It took three weeks to see the doctor. I finally saw a doctor on April 14th.

5

9. When I was finally seen by a doctor in TTCF a week ago, he told me I have

6 hypertension. When I told the doctor that I see my doctor at home regularly and had

7 never had high blood pressure before, he told me that my hypertension was likely caused

8 by the stress of being incarcerated.

9

10. The doctor prescribed a special diet for my hypertension, but did not

10 prescribe the higher calorie diet I need for my metabolic disorder. I have lost fifteen

11 pounds in a week because I need to consume more calories and am not provided enough

12 food at TTCF.

13

11. The doctor also prescribed me a second mattress for my sclerosis and

14 inflamed disc since the mattresses here are as thin as gym mats. I have still not been

15 given a new mattress, though. Instead of prescribing me an inhaler for my asthma, the

16 doctor inexplicably prescribed me Flonase.

17

12. My asthma is exacerbated by cold temperatures, dust, and pollen. TTCF is

18 kept really cold and the yard is full of dust. These conditions have caused me to have

19 two asthma attacks since March 14th, when I was first booked into County—and I still do

20 not have an inhaler. During my asthma attacks, my lungs feel tight and I have trouble

21 breathing. I requested another blanket to keep myself warm to avoid asthma attacks, but

22 a deputy told me inmates are only allowed one blanket and my request was denied.

23

13. Because of the low level of my offense and my good behavior, I am trustee

24 at the jail. I am currently housed in a pod with other trustees and disabled inmates that

25 need ADA accommodations. In my pod, there are 8 trustees and 8 ADA inmates. We

26 all sleep in the same dorm-type setting. In our pod, there are bunk beds for the trustees.

27 The person on the top bunk sleeps only 5 feet above the person on the bottom bunk. The

28 bunk beds are only 2 ½ or 3 feet apart from each other. Our beds are so close together,

DECLARATION OF VICTOR GUTIERREZ

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 48 of 87 Page ID #:657

1 in fact, I can sometimes feel the breath of the trustee sleeping in the lower bunk next to

2 my bunk as I sleep.

3

14. All of the men in my pod eat our meals together at one long table. We are

4 usually so close, we end up bumping elbows.

5

15. My pod gets to go to “yard” one day a week. The yard is a small concrete

6 triangular outdoor area on the seventh floor of TTCF. The yard is only about 50 square

7 feet that is supposed to be enough space for my entire pod of 16 men to go out at the

8 same time. Some men use yard time to shave or give each other haircuts. There is not

9 enough space for us to get any real exercise on the so-called yard.

10

16. No one in my pod has tested positive for COVID-19, but I hear men in my

11 pod coughing all night. If one of us were to catch the virus, the rest of us would not be

12 able to avoid catching it too.

13

17. It is possible that some of us already have COVID-19, but we are not

14 allowed to be tested unless the staff decides. The deputies are the ones that decide

15 whether or not to send someone to medical. In order for someone to be tested for 16 COVID-19, they have to have both a fever and cough. One inmate I know had a fever of

17 103 and he was denied a test because he wasn’t coughing. He wanted to be tested

18 because he said his lungs hurt. If someone doesn’t have both a fever and a cough, they

19 are not quarantined away from the rest of us.

20

18. As a trustee, I work all around the jail, including the public visiting area

21 and floors of the jail where other inmates have tested positive for COVID-19. When 22 trustees are cleaning, we are given a dust mask and a jump suit made out of paper that 23 tears easily.

24

19. Around April 5th or 6th, the trustees doing my kind of job and I were finally

25 given jump suits. Before that date, we had to clean in the jail clothes we have been

26 issued and continue wearing them for up to two weeks.

27

20. Often, there is feces and urine on the floors of cells because a lot of men in

28 here seem to be mentally ill.

DECLARATION OF VICTOR GUTIERREZ

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 49 of 87 Page ID #:658

1

21. On April 9, 2020, I was cleaning an empty cell. My paper suit tore a bit

2 while I was cleaning and the dirty liquid from the cleaning product, feces, and urine I

3 had mopped up seeped through my suit and got into my socks. Before I was able to

4 request new pants and socks, I had to take out the trash, and remove the mattress and the

5 blanket the COVID-19 positive inmate had been using.

6

22. After I was finished cleaning the cell, a deputy told me for the first time

7 that the cell was empty because the person who was there had been taken to medical that

8 morning after testing positive for COVID-19. I could not believe that the deputies did

9 not warn me before I started cleaning that cell and that I was not given more durable

10 protective gear. Since my socks were soaked in liquid from the contaminated cell, I had

11 to request new socks from the staff. It took them 4 hours to get me a new pair of socks.

12 It was almost 8 hours until I got a clean pair of pants.

13

23. I could refuse to work as a trustee, but there are a few privileges I get as a

14 trustee that I would not otherwise get. For example, most inmates are only allowed to

15 shower 2-3 times a week, whereas I can shower every day. Inmates are only given 2

16 items of laundry every week. That means they get like a pair of socks and boxers one

17 week, then a clean shirt and pants the next week. As a trustee, when I walk to other

18 floors of the jail, if I see clean laundry, I’m allowed to take a set for myself. That does

19 not happen very often, though, since there is a shortage of clean laundry in the jail.

20

24. Since we do not get clean laundry very often, we are forced to wash our

21 own clothes with the one small bar of soap we get every week. It makes the soap run out

22 really fast. When I run out of soap, I have to buy some from Commissary. The only way

23 you can make a purchase from Commissary is if you have money on your books. Some

24 guys don’t have any money on their books, so they cannot buy more soap even though

25 we all need it.

26

25. I have not gotten clean sheets or a clean blanket since I was first put into

27 this pod. There is no way to keep our bedding sanitary or to wash off any viruses that

28 may have landed on the bedding. We all get clean towels only once every two weeks.

DECLARATION OF VICTOR GUTIERREZ

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 50 of 87 Page ID #:659

1

26. Since I am a trustee, deputies have also allowed me to take an extra bar of

2 soap once or twice. One deputy told me, “Don’t share that with other inmates.” I feel

3 bad for the others because they need to wash their hands and laundry also. If the other

4 guys don’t stay healthy, none of us will be able to.

5

27. On approximately April 1 or 2, 2020, when I was working in another part

6 of the jail, a deputy saw that an inmate in my pod was showing symptoms of COVID-19.

7 He had a cough, runny nose, and fever. The whole pod got locked down on quarantine

8 but, since I was at work at the time, they allowed me to move to another pod. At the

9 time, I was relieved that I would not have to be quarantined, but the jail’s decision not to

10 quarantine me really didn’t seem well thought out since I had just been in the pod that

11 morning and would have already been exposed to whatever the other inmate had. The

12 jail only kept the pod on quarantine for a week before they lifted the quarantine and

13 allowed me to move back to my pod.

14

28. The quarantines here do not seem effective anyway because deputies and

15 other staff do their walk-throughs in quarantined pods and floors. That means deputies

16 go straight from a quarantined area of the jail, into a non-quarantined area of the cell.

17 The deputies don’t wear hazmat suits when they go into quarantined areas. They don’t

18 even change their masks. There are also gaps underneath the doors that separate

19 quarantined areas from other areas of the jail. Whenever inmates walk past a

20 quarantined area, we are at risk for being exposed to the virus.

21

29. Last week, a male deputy told me that his dad had tested positive for

22 COVID-19 and that he had been with his dad the night before. The deputy came to work

23 that day without a mask on. He interacted with staff and inmates all day.

24

30. I try to physically distance myself from others as much as I can, but

25 whenever I go to yard, sleep, or eat, I am within 3 feet at the most from other people. I

26 am unable to sleep at night when I hear others coughing and sneezing because I am

27 terrified that I will catch whatever the other men in my pod have.

28

31. When I am released, I will be able to socially distance and get the medicine

DECLARATION OF VICTOR GUTIERREZ

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 51 of 87 Page ID #:660

1 I need. My father will pick me up at the jail and I will live with my parents in Palmdale.

2 I will feel safe living with my parents because they have been socially isolating because

3 they work from home. I work as a day trader and I will be able to continue my work

4 remotely.

5

32. Once released from TTCF, I will no longer have to worry about running

6 out of soap if I wash my hands many times a day, I will have the clean laundry I need,

7 and I believe my blood pressure will go back down since I won’t have to live in constant

8 fear of contracting a painful and potentially fatal disease. I will be able to use my

9 inhaler when I need it, see my physical therapist for my inflamed spinal disc, and speak

10 to my nutritionist about my high-calorie diet.

11

12

I declare under penalty of perjury under the laws of the State of California and the

13 United States of America that the foregoing is true and correct. Executed this 16th day of

14 April 2020, in Los Angeles, California.

15

16

17

18

19 20

21

22 23

24

25 26

27

28

DECLARATION OF VICTOR GUTIERREZ

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Ex. 9

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 53 of 87 Page ID #:662

1

DECLARATION OF JESSICA HAVILAND

2 I, Jessica Haviland, make this declaration of my own free will. I have personal

3 knowledge of the facts set forth herein and if called as a witness, could and would testify

4 competently thereto:

5

1. I am currently incarcerated at the Century Regional Detention Facility

6 (“CRDF”), in Lynwood, California, awaiting trial. I am 39 years old and have been

7 incarcerated here since December 19, 2019. My bail is set at $50,000.

8

2. I am housed in module 2500 in a cell with a roommate. Immediately before

9 they put me and my roommate together, she had a 101 degree fever. This was on or

10 around March 15, 2020. The cell we are locked up in is about 10 feet by 10 feet and

11 contains one toilet, one sink, a desk, and a 2-tiered bunk bed. There is no possible way to

12 be six feet away from my roommate at any given time. I was moved to this module from

13 2800 on or around April 7, 2020. When I first arrived, my cell in this module was

14 disgusting. We were put on lockdown for almost three days when we were first moved to

15 this cell without any cleaning supplies. We were only given a very small piece of soap. I

16 had to use a dirty sock and this small piece of soap to clean the cell, including what

17 looked like feces on the wall near the bunk beds.

18

3. My cell door opens up onto the dayroom. There are 15 women who sleep in

19 the day room. Instead of spreading out the bunks in the day room, they are all crowded

20 together. Each bunk has three beds, known as coffin bunks. When I open my cell door, it

21 hits one of the bunks where three women sleep, which is to the right of my cell. To the

22 right of that set of bunks is another set of bunks that are only approximately three inches

23 away. Women in the day room are sleeping like this, only three inches away from each

24 other.

25

4. My cell has two air vents in it, one at the top that blows air in, and another at

26 the bottom near the bottom bunk that sucks air out. I am told that all cells in modules

27 similar to mine are like this. These air vents are connected to cells above and below me. I

28 am concerned that if someone on a floor above me who sleeps in a bottom bunk sneezes

DECLARATION OF JESSICA HAVILAND

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 54 of 87 Page ID #:663

1 or coughs, that the disease could be spread through the air vents into my cell. I have

2 asked jail staff about this and they said “do not worry.”

3

5. I am given one hour outside of my cell per day. In this hour I have to

4 shower, I get 15 minutes to clean my cell, and make any phone calls I might need to

5 make.

6

6. Other than the one hour per day we leave our cell, we also leave to pick up

7 our meals. The food is laid out in the day room and women who are incarcerated here

8 serve food to us as we walk down the line holding our trays. The women serving the food

9 are not wearing masks or gloves. There is no protocol to keep people six feet apart in

10 these lines for food.

11

7. I have been told by friends who work in the kitchen that women wear masks

12 as they walk to the kitchen, but then they take their masks off in the kitchen while they

13 are preparing food because it is too hot. When women serve us food they have masks

14 around their face, but they often pull them down so they are just around their neck and

15 not covering their mouth and nose.

16

8. On April 1, 2020, I had a court date. While I was at court, they put me in a

17 cell with six other women who were in street clothes, who had just been arrested. Two of

18 those women were coughing a lot. I never saw those women receive a mask, get their

19 temperature checked, or a test for COVID-19. When I returned back to CRDF that day, I

20 was not given a test for COVID-19 or even a temperature check.

21

9. On April 6, 2020, a sergeant told us that there had been no positive tests at

22 CRDF, but also that they had not tested anyone in the facility. I was again told by a

23 Sergeant on or about April 20, 2020 that they had not tested anyone at CRDF.

24

10. On or about April 10, 2020, I began feeling sick. I was getting terrible

25 headaches, I was coughing, and my throat was incredibly sore. I still have all of these

26 symptoms and they seem to be getting worse. My roommate also has developed these

27 symptoms. The only treatment I have been given for these symptoms is Sudafed, and

28 sometimes it is hard for me to get an afternoon dose from the jail staff.

DECLARATION OF JESSICA HAVILAND

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 55 of 87 Page ID #:664

1

11. In addition to experiencing headaches, coughing, and a sore throat, I have

2 also developed six sores on my head, which developed two weeks ago. I do not know if

3 they are related to COVID-19. They have given me Tylenol and Bactrin for them but I

4 am suffering from intense pain.

5

12. I put in a request to see medical staff as a result of my symptoms. When I

6 was taken to medical, I was in an elevator packed with other women and then placed in a

7 holding cell in medical where I was maybe half a foot away from every other person, at

8 best.

9

13. A nurse took my temperature and it was 99.9 degrees. My body temperature

10 usually runs low, at around 97.1, which I’ve been told is due to my anemia. To me, 99.9

11 degrees indicates a fever. The nurse did no further tests on me. This nurse was not

12 wearing a mask, but she was wearing gloves.

13

14. The nurse gave me Sudafed to take three times a day. She did not give me a

14 mask or gloves. I have to pay $3 every time I fill out a medical grievance form.

15

15. After that, my symptoms worsened. On the morning of April 12, 2020, I put

16 in another request to see medical staff because of the worsening symptoms. I asked the

17 nurse again for a test on April 13 but the nurse said that I did not need to be tested. As of

18 April 20, I have not been tested and they stopped taking my temperature. My symptoms

19 have somewhat alleviated, as I no longer have headaches or a sore through, but I still

20 have a cough.

21

16. I received one mask on April 11, 2020. That was the first mask I received.

22 The mask is made from cloth by women who are incarcerated here. I do not believe I will

23 receive another mask, nor do I believe that they will be laundered. The mask has a slot

24 for a filter in it, but I have not been given a filter. I have not received gloves as these are

25 considered contraband, even now. I am not given hand sanitizer, tissues, paper towels, or

26 napkins. To wipe my hands or mouth I use toilet paper or sanitary napkins.

27

17. When I have asked to be kept six feet apart from other people, I have been

28 yelled at by deputies who say things like “do you want to be on lockdown?”

DECLARATION OF JESSICA HAVILAND

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 56 of 87 Page ID #:665

1

18. When the trustees come around to clean our cells, they only spray the toilet

2 and sink with Citra-Cide. They do not spray the bunk beds, the door handles, the desk, or

3 anything else in our cells. I asked if we could keep Citra-Cide in our cell in order to clean

4 and disinfect ourselves and I was told “no”. I asked for Turbo Kill to clean my cell and

5 was told that we have no Turbo Kill in our module.

6

19. I watch the trustees who clean the day room and they spray Citra-Cide on a

7 rag and then use the same rag to wipe down the tabletops and the phones. They do not

8 wipe down the kiosks, sinks in the day room, vending machines, shower handles, or

9 stairway railings. These are all surfaces that everyone touches on a daily basis. The

10 Citra-Cide they use to clean with is watered down. I used to be a trustee and I remember

11 they would tell us to use one-part Citra-Cide and ten parts water. Looking at the bottles,

12 the solution the trustees are using looks how it used to look when I watered down the

13 Citra-Cide.

14

20. I am given one new “blue suit” per week, even though we are being told to

15 cough into our sleeves. I have not received a new pair of thermals for months. I am

16 supposed to receive one t-shirt per week, but I do not always get a clean one. I am

17 supposed to receive clean sheets once a week, but I have not received clean sheets in

18 three weeks. I am not allowed to wash my clothes or sheets myself.

19

21. I have received no verbal information about the COVID-19 virus from jail

20 staff. My mom tried to mail me information about the virus and the mail was returned to

21 her saying it was “unauthorized material.”

22

22. Up until April 15, 2020, I had not seen any signs with information about

23 COVID-19 posted at the jail. The signs they posted on April 15 tell us to wash our hands

24 for 20 seconds, stay six feet away from each other, to cover our faces, and to use Turbo

25 Kill for cleaning. I still have not seen any videos. The television is turned on once in a

26 while, but they do not turn it on loud enough for me to hear it from my cell. We get one

27 newspaper a day and the trustees receive it first. It is rare that I will get my hands on that

28 newspaper.

DECLARATION OF JESSICA HAVILAND

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 57 of 87 Page ID #:666

1

23. Sheriff’s deputies are telling us not to hoard toilet paper and that we will be

2 thrown in the hole if we have more than two rolls of toilet paper. However, we have been

3 told that hundreds of cases of toilet paper have gone missing and that now deputies are

4 being searched on the way out to make sure they are not smuggling toilet paper out of the

5 jail.

6

24. It is my understanding that deputies are not being required to take

7 temperature checks every day as they enter the jail. Further, I only see about half of the

8 deputies wearing masks on any given day. I have seen deputies who are not wearing

9 masks yelling in the faces of women who are incarcerated here, coming within inches of

10 the women’s faces. I was taken to urgent care on April 17, 2020 for the sores on my head,

11 and when I was transported there by two deputies in the patrol car, neither of them were

12 wearing masks.

13

25. If released from CRDF, I would be able to live in an in-law suite by myself

14 at the bottom of my friend’s house, which is in Sunland-Tujunga in Los Angeles County.

15

26. I am incredibly worried about my family on the outside as my two adult

16 children live with my mother. My mother has a diagnosis of pulmonary arterial

17 hypertension (“PAH”) and has had a fever for the past few days as have my children.

18 I have been told that PAH can be hereditary, and I worry that I have it and that will make

19 me at high risk for contracting COVID-19.

20

21

I declare under penalty of perjury under the laws of the State of California and the

22 United States of America that the foregoing is true and correct. Executed this 19th day of

23 April 2020, in Lynwood, California.

24

25

26

27

Jessica Haviland

28

DECLARATION OF JESSICA HAVILAND

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Ex. 10

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 59 of 87 Page ID #:668

1

DECLARATION OF ALBERT KIRK JONES

2 I, Albert Kirk Jones, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto.

6

2. I am currently incarcerated in Men’s Central Jail (“MCJ”) in Los Angeles,

7 California. I have been incarcerated at MCJ since November 28, 2018, awaiting trial.

8

3. I am a 64-year old Black man and I will be turning 65 in two months. Due to

9 the conditions in the jail, the lack of precautions to prevent the spread of COVID-19 that

10 I have observed from jail staff and deputies, my advanced age and my underlying health

11 conditions (described herein), I live in constant fear that I will contract COVID-19 inside

12 the jail setting.

13

4. I have a history of respiratory illness. Since I was a child, my lungs have

14 been vulnerable to collecting fluid. I have had several bouts of debilitating pneumonia in

15 my lifetime. I am also prone to bronchitis, which I have fallen ill with multiple times in

16 my lifetime, including 2 ½ months ago during my incarceration at MCJ. As a result of

17 those conditions, I have diminished lung capacity, which has manifested in breathing

18 difficulties, including difficulty breathing while I am sleeping at night.

19

5. I need a CPAP machine at night because of obstructions in my airways.

20 Until approximately April 7, 2020, I had a CPAP machine in the jail. It was taken away

21 from me because, I was told, that a CPAP machine spreads COVID-19. I was not given

22 any kind of notice or documentation when my CPAP machine was confiscated.

23

6. Now that my CPAP machine has been confiscated, I experience difficulty

24 sleeping at night. Sometimes, it’s hard for me to breathe without the CPAP machine. I

25 advised medical personnel that I needed the CPAP machine to sleep and breath

26 comfortably at night. They provided me with no other options for me to keep using my

27 CPAP machine in order to address my obstructed breathing at night.

28

7. Because my CPAP machine was taken from me, on April 11th, I awoke

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 60 of 87 Page ID #:669

1 gasping for air while I was napping because I stopped breathing.

2

8. From approximately March 5, 2020 until April 15, 2020, I was housed in the

3 MCJ Medical Unit in a 3-man cell. The layout of the cell included three beds, a toilet and

4 a sink. The beds were each three feet apart. It was impossible for my cell mates and I to

5 maintain 6 feet distance from each other while sleeping, eating or doing any activity that

6 involves sitting or lying down. All meals were delivered to us. We ate near each other,

7 urinated and defecated within a few feet of each other, and were constantly in each

8 other’s space.

9

9. On or around Wednesday April 8, I was told by the guards that they were

10 planning to move me from my medical cell to general population, where I would be

11 staying in a small cell with dozens of other people, any of whom could be carriers of

12 COVID-19. A nurse practitioner, three deputies, one sergeant and one jailer told me that

13 because my CPAP machine was discontinued, I was now “declassified” from medical

14 and needed to be moved to general population. This caused me great anxiety because I

15 am vulnerable to serious illness if I contract COVID-19. I have a history of bronchitis,

16 pneumonia, breathing abnormalities, and a heart condition. I also have not been seen by a

17 doctor who can assess my condition for discharge. I feel that the guards are not following

18 protocol, and placing me in danger of COVID-19 spread. I pleaded with them to let me

19 stay in medical for all of these reasons. They backed off the first time, but tried to move

20 me again on Thursday, April 9. They then tried again on Saturday, April 11, around 8:00

21 am when I was on the phone with my wife. I again pleaded to stay, and the guards gave

22 me a disciplinary for “noncompliance”. The consequences of this disciplinary is no

23 commissary, no visitation, and no vending. The guards informed me that if I continued to

24 refuse to move to general population, I would be placed in solitary where I would loss all

25 my privileges.

26

10. On April 15, I was physically removed from my medical cell by five police

27 officers, one jailer, and one sergeant. They were shouting profanities at me as I pleaded to

28 stay because of my medical conditions and my fear of COVID-19. I experienced an

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 61 of 87 Page ID #:670

1 anxiety attack, chest pains, and difficulty breathing. They had to bring me to Urgent Care,

2 where the nurse told me that my blood pressure was high.

3

11. I am now in general population in 5700. It is a 96-bed dormitory filled

4 almost to capacity with only 10 empty beds. In the few days that I have been here, I have

5 observed no cleaning of the dorm by trustees or a cleaning team. I don’t have access to

6 any disinfectant products. The beds are all extremely close to one another, spaced less

7 than six feet apart. I am afraid of retaliation and harassment by the guards in the medical

8 unit who physically extracted me and placed me in general population.

9

12. Before April 10, 2020, no one in the jail – neither medical staff nor the

10 Sheriff’s deputies – had provided me with protective gear such as masks, hand sanitizer,

11 or gloves. Late on the night of April 9th, after my cellmates and I had already gone to

12 bed, the deputies came into my cell and gave one mask to each person. The deputies did

13 not tell us how to use the masks or give us any information about when we’d be getting

14 any “refills” if we were getting any. Because the mask provided on April 9th is made out

15 of flimsy thin cloth, I continue to use the face mask I was provided when I was

16 discharged from MCJ a few months ago after a bout of pneumonia. This mask is intended

17 for single use only.

18

13. Before that, the only people who had masks were the deputies and some (but

19 not all) trustees. Some nurses wore masks while others did not. Not all of the deputies

20 wore masks, which concerns me as deputies, medical staff and jail staff come in and out

21 of my cell multiple times a day to conduct checks, deliver medications, or to drop off our

22 meals, and they are not always wearing masks. I saw deputies, medical staff and jail staff

23 cough and sneeze inside my medical cell, which I was powerless to do anything about.

24

14. Each person is provided one free tiny bar of soap and one roll of toilet paper

25 once a week. I used up my free bar of soap within days. I have had to buy soap from

26 commissary after that, which takes away from my limited funds for other necessary

27 items.

28

15. In the medical cell, clean clothing was provided to me only on a weekly

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 62 of 87 Page ID #:671

1 basis. As such, I have no access to daily clean laundry. My cellmates and I showered

2 3x/week only. The showers were shared with the entire Medical Unit. There is a yard call

3 once a week 6am-9am, but I don’t go to yard for fear of COVID-19 spread.

4

16. My medical cell was not cleaned regularly. Trustees typically came and

5 cleaned my medical cell about once a week. They were not always wearing masks. The

6 cleaning involved clearing the trash bins; sometimes they will also sweep and/or mop the

7 floor. I don’t know what disinfectant products they use to mop the floor (if any). We

8 don’t know if they’ve mopped the floors of the other cells with the same water. In my

9 time in that medical cell, there was not been a thorough cleaning of every part of my cell.

10 Although we asked for disinfectant products to use inside the cell so that my cellmates

11 and I could disinfect shared surfaces, these were denied to me.

12

17. MCJ also had outbreaks of mumps and measles. Those who had mumps and

13 measles were quarantined for two to three weeks.

14

18. Despite my known respiratory illnesses, MCJ staff, deputies, and medical

15 personnel have not taken any special precautions to prevent the spread of COVID-19 to

16 me. Instead, they moved me to general population where my risk of exposure, severe

17 illness, and death is all but near certain without providing me with any information about

18 COVID-19 or how to prevent its spread.

19

19. Due to the visitor restrictions, I have not seen my wife in nearly four

20 months. I am afraid I will die in jail and never be able to see my wife’s beautiful face

21 again.

22

20. My fears of dying from COVID 19 are reinforced by my experience with

23 medical care within the jail. In my experience, the medical care at MCJ is substandard to

24 the medical care I receive outside of jail, and on at least one previous occasion, was

25 inadequate to address the needs of my complex lung-related medical conditions. Medical

26 staff did not prescribe sufficient inhalers, and as a result, I had to save my inhalers to

27 avoid going into respiratory distress without sufficient medication. My last bout of

28 bronchitis was treated at MCJ about 2 ½ months ago. On or about January 28, 2020, I

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 63 of 87 Page ID #:672

1 became ill inside the jail. I had a cough, fever, and body aches. I knew about COVID-19

2 because I read about it in the newspapers that are circulated at MCJ. At the time, I was

3 housed in a 1-man cell on the 7000 floor. I was transferred to Twin Towers, where I was

4 examined and told that I was being tested for the flu, not COVID-19. I wanted to be

5 tested for COVID-19 because of my symptoms, but no test was provided. I was

6 concerned about not being tested for COVID-19 because of my own health and also

7 because I did not want to transmit the illness to others. I was put in isolation for 5 days

8 and then sent to the Medical ward to a 3-man cell where I was until I was physically

9 extracted and placed in general population. Some days medical staff didn't check on me.

10

21. If released, I will return home to Vista, CA, where I have my wife and six

11 children and twelve grandchildren. I have been a pastor for the last fourteen years at the

12 Eternal Life Apostolic Church in Oceanside, California, and would be returning to a

13 community that supports me. If released, I will be able to see my regular doctor, get back

14 on my CPAP machine, and practice safe social distancing.

15

16

I declare under penalty of perjury under the laws of the State of California and the

17 United States of America that the foregoing is true and correct. Executed this 17th day of

18 April 2020, in Los Angeles, California.

19

20

21

22

23

24

25

26

27

28

DECL. OF ALBERT KIRK JONES

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 64 of 87 Page ID #:673
Ex. 11

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 65 of 87 Page ID #:674

1

DECLARATION OF LEANDREW LEWIS

2 I, LeAndrew Lewis, certify under penalty of perjury that the following statement is true

3 and correct pursuant to 28 U.S.C. § 1746.

4

1. My name is LeAndrew Lewis. I am 28 years old and incarcerated in the

5 North County Correctional Facility in Los Angeles County.

6

2. I am diabetic, and I have had high blood pressure for years. I also suffer

7 from bronchitis whenever I get a cold. When that happens, I have trouble breathing

8 unless I use an inhaler.

9

3. I have been incarcerated awaiting trial since November 13, 2019. The

10 reason I am incarcerated is because my family and I are too poor to afford the bail

11 amount in my case.

12

4. I have been trying to defend my innocence, and my attorney and I are ready

13 to go to trial. The trial was scheduled for today, April 13. But I was not taken to court,

14 and when my lawyer went to court in Antelope Valley today the judge said the trial date

15 had been moved to June 11. I am worried they will keep delaying my trial and I will be

16 stuck here. I want to take my case to trial and prove my innocence, but I am terrified I

17 will get infected with the coronavirus while I wait for that in jail.

18

5. It is impossible for me to protect myself from being infected with the

19 coronavirus while in jail. I am currently confined in a dorm along with 60 or so other

20 people, packed too close to keep distance from each other. On or around the week of

21 April 13, 2020, for reasons that were not explained to us, the deputies moved the 30 or so

22 people in my previous dorm, including me, into another dorm that already had about 30

23 other people living there. We are now all housed in a dorm that has about 66 beds. This

24 new dorm is almost filled to capacity. The movement may have been related to the fact

25 that almost all the dorms near me have stickers on the front that say “no movement in or

26 out”, which I think means that that the dorms are in quarantine for COVID-19.

27

6. I sleep on the bottom bunk, below two other inmates. The bunks are

28 separated only by a couple feet from each other. The bunks are so close that if I reach an

DECLARATION OF LEANDREW LEWIS

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 66 of 87 Page ID #:675

1 arm out on either side of the bunk, I can immediately touch the next person. We spend

2 our time within arm’s reach of each other.

3

7. We were provided brown cloth masks on or around April 16, 2020 and told

4 by the deputy to wear it only when leaving the dorm. Deputies have not provided hand

5 sanitizers or masks. People are regularly coughing and sneezing in the dorm within a few

6 feet of me, including the people in the beds that surround me.

7

8. Everyone in the dorm shares showers and urinals. There is no professional

8 cleaning of the shared showers. There is a mop bucket near the showers that has some

9 kind of soap in it, but the showers are not cleaned between uses.

10

9. The jail collects our laundry about once a month or so. Until that happens,

11 we have to keep using the same uniforms, sheets, and the single towel we are given. All

12 these items come in close contact with other people, but I am unable to keep them clean.

13 The last time I received clean laundry was the end of March or so.

14

10. I do not know have much information about coronavirus because the jail has

15 not been telling us much anything. Every day or so, the jail plays recorded video that

16 mentions coronavirus and says there are no positive cases in the facility. It is the same

17 recorded video they keep playing.

18

11. I try to watch out for people who are sick and avoid them best I can. I don’t

19 want to get sick and I am trying to protect myself. But the truth is I’m not able to keep

20 distant from others here in the jail.

21

12. At least three times in the past few weeks, I have seen people who have a

22 cough or cold symptoms in my dorm go out with a medical pass to obtain medical

23 treatment, and then they did not return. They might be infected with coronavirus, but I

24 do not know because no one tells us. They don’t let us know anything.

25 / / /

26 / / /

27 / / /

28

DECLARATION OF LEANDREW LEWIS

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1

13. If I was released from jail, I could stay with my family. I would stay with

2 my mom, and my sister and other family could pick me up or arrange for someone to do

3 that. If I wasn’t in jail, I would be able to quarantine. But in here, I know I am at risk of

4 getting sick, and I am very afraid.

5 I declare under penalty of perjury under the laws of the State of California and the
6 United States of America that the foregoing is true and correct. Executed this 18th day of
7 April 2020, in Los Angeles, California.
8

9

10

11

LeAndrew Lewis

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECLARATION OF LEANDREW LEWIS

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Ex. 12

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 69 of 87 Page ID #:678

1

DECLARATION OF JEFFREY LIVOTTO

2

3 I, Jeffrey Livotto, certify under penalty of perjury that the following statement is true and

4 correct pursuant to 28 U.S.C. § 1746.

5

1. My name is Jeffrey Livotto. I am 28 years old and I have been incarcerated

6 in Los Angeles County since on or around March 25, 2020. I am currently housed in the

7 North County Correctional Facility. I am serving a 16-month sentence, for which I got 8 half time for a Vehicle Code violation.

9

2. I have also suffered from asthma since I was young, and I have had serious

10 asthma attacks over the years. Whenever I run or do any strenuous activity, the asthma

11 flares and my lungs feel like they are burning. I know asthma can make the coronavirus 12 deadly, and I am very worried about that happening. The jail knows I have asthma, but

13 they have done nothing to protect me from the virus.

14

3. I have been moved between two dorms in the North County Correctional

15 Facility since arriving here almost three weeks ago. Before that I was incarcerated at the

16 Men’s Central Jail, where I was in a four-person cell. I remember the other men in that 17 cell were coughing, and I was not able to keep away from them. Last Thursday I was

18 moved to my current dorm. I have been exposed to a lot of different people due to all 19 these moves, and no one has explained to me why I keep being moved.

20

4. There are over 60 people in my current dorm, with three people to each bunk

21 bed. This is a working dorm, and our work is cooking food for the sheriffs. We are all 22 packed very closely together and unable to distance from each other. Each bunk above is

23 less than a foot or two up from the one beneath, and the beds on either side of me are so 24 close that I bump into them if I reach my arms out while lying down. On or around April

25 14, my dorm was placed in lockdown. The 60 of us were segregated into three different 26 groups and placed in different dormitories right next to each other. The jail quarantined 2

27 out of the 3 groups (mine included), and did not quarantine the third one. While in 28 quarantine, I did not get tested. No one took my temperature. No one asked me if I had

DECLARATION OF JEFFREY LIVOTTO

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 70 of 87 Page ID #:679

1 any symptoms. I also could not get any laundry. The deputies also came into our

2 quarantined dorm to do counts. Some of the deputies pulled their masks below their 3 mouths when they came into our dorm to do the counts. Our dorm is out of quarantine

4 now, but we don’t have any information about the status of COVID-19 in our dorm or at

5 NCCF.

6

5.

I know we were arrested or convicted, but we still have the same health

7 needs as anyone else. We still have rights. It feels like everyone is forgetting about us. 8 It feels like the jail is just waiting for us to get sick and die.

9

6. The jail gave me a mask to wear on or around April 15, but I have not been

10 given gloves or hand sanitizer in the dorms.

11

7. I’m very worried that I’m going to get sick from the coronavirus. I am in

12 extremely close quarters with other people and can’t keep any distance from them, and

13 we don’t have any mask or gloves to protect ourselves. Other people in the dorm are

14 constantly coughing, with no masks on to stop cough droplets from hitting me and others.

15

8. Trustees serve our food from large containers onto individual trays. It wasn’t

16 until recently that they started wearing masks. I see these trustees and other inmates 17 cough on or around the food containers all the time.

18

9. My bed sheets, uniforms, and other clothes have never been washed during

19 my time here. When I moved dorms, I was told to pick up my sheets and bring them or I

20 wouldn’t have sheets at the new dorm. My sheets and clothes are definitely exposed to

21 other people in the jail all the time, but I am unable to get clean new ones.

22

10. There are two showers shared by the entire dorm. I haven’t ever seen

23 anyone clean them. They are really dirty.

24

11. The dorm is also very cold. Others are constantly coughing, and it seems

25 like a lot of people have flu symptoms. This week I’ve heard other inmates with a really 26 dry, heavy cough, like a kennel cough.

27

12. It’s impossible to avoid touching spaces that others have touched or coughed

28 or sneezed on. I try not to touch anything in the showers or other shared spaces, but

DECLARATION OF JEFFREY LIVOTTO

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 71 of 87 Page ID #:680

1 basically every space in the dorm is shared. I can’t help but touch the railings on the

2 stairs. I can’t help but touch the phones, which we all share. There is nothing to wipe 3 the phone down with before or after using. I am worried of getting sick from that. I try

4 to wipe the phone down with my uniform, but there is no disinfectant.

5

13. The jail has never given us information about coronavirus and what we

6 should do to protect myself. When I had a medical appointment last week or the week

7 before, I asked about coronavirus and what I should be looking out for. The medical staff 8 and deputies are always very evasive about coronavirus. They pretend like nothing is

9 going on. They get really weird about it when anyone asks. They don’t want to talk 10 about it.

11

14. I was taken to court on March 26 or 27 for a probation hearing. I was

12 transported on the sheriff’s bus along with several other inmates, maybe dozens. None of

13 us had masks, and the person I was cuffed and chained to was coughing a lot. He was

14 sitting next to me on the same seat coughing, and we were chained together unable to 15 keep apart. Others were coughing too, and then people were saying that the people

16 coughing had coronavirus.

17

15. Until early April, deputies did not really seem to be wearing masks. Some of

18 the deputies don’t fully cover their noses and mouths with their masks inside the dorms.

19

16. My grandmother is 82 years old and sick. She’s alone, and I could be taking

20 care of her. I am worried I won’t see her again.

21

17. I am scared. I’ve started having terrifying dreams about the coronavirus,

22 like I’m not going to make it out of here. I am afraid I won’t get out of here alive. I am

23 afraid I’m going to die in here for a Vehicle Code violation, something so petty.

24

18. If I was released, I would stay with my girlfriend. She could pick me up. I

25 could also stay with my mom if needed. If I was released and staying with either of 26 them, I would be able to quarantine and get medical care.

27

19. In March, I was processed through the Inmate Reception Center after being

28 transported on a bus with other arrestees from court. I was unloaded from the bus and

DECLARATION OF JEFFREY LIVOTTO

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 72 of 87 Page ID #:681

1 placed in a cell with about 25 other people. We did not and could not stand six feet apart

2 given the size of the room and the number of people. We stood shoulder to shoulder. We

3 then lined up and went through a scanner. From there, we were told to sit on a bench and

4 go up to a window when our name was called to answer questions asked by the person at

5 the window. I was seated very close to other arrestees, and no effort was made to keep us

6 all six feet apart. We were then provided wristbands, and told to go to a cell where we

7 had to put all of our property in a bag and told we had to shower in a single room with no

8 walls or dividers between each person. We were then told to go to medical to be

9 evaluated. At medical, my temperature, heart rate, and blood pressure were taken. I also

10 had a chest x-ray, which I believe was to check for tuberculosis. They then asked me if I

11 had any mental health conditions. Once this was completed, they took me to temporary

12 housing where I was told to wait for a doctor who would conduct a more thorough

13 medical examination. When I requested to see a doctor after more than 6 hours of

14 waiting, I was brutally thrown to the ground by five guards. My arms and legs were

15 twisted such that I was in a great deal of pain. The guards then proceeded to punch me in

16 the face, and I ended up bleeding. I was told that there was a video camera in the room

17 where this occurred. I can’t believe I was assaulted in this violent way, all because I

18 asked to see a doctor.

19

20. I am afraid to file a grievance because I am concerned that the guards will

20 retaliate against me by moving me out of my dorm. My dorm allows me to accumulate

21 credits that make me eligible for early release. If I am moved from my dorm, I am

22 concerned that I might lose this privilege. There was an inmate who filed a grievance

23 seeking a mask, hand sanitizer, and other means to protect himself against COVID-19,

24 / / /

25 / / /

26 / / /

27

28

DECLARATION OF JEFFREY LIVOTTO

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 73 of 87 Page ID #:682

1 and he was moved to a different dorm. I am afraid that will happen to me, and I don’t

2 want to risk my chances of early release. I want to see my family and my loved ones

3 again as soon as I’m able.

4

5

I declare under penalty of perjury under the laws of the State of California and the

6 United States of America that the foregoing is true and correct. Executed this 22nd day of

7 April 2020, in Los Angeles, California.

8

9

10

Jeffrey Livotto

11

12

13 14

15 16

17

18

19

20 21

22 23

24 25

26

27 28

DECLARATION OF JEFFREY LIVOTTO

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Ex. 13

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 75 of 87 Page ID #:684

1

DECLARATION OF RANY UONG

2 I, Rany Uong, make this declaration of my own free will. I have personal knowledge

3 of the facts set forth herein and if called as a witness, could and would testify

4 competently thereto:

5 1. I am currently incarcerated in the Century Regional Detention Facility in

6 Lynwood, CA. I have been here since I pled guilty to a nonviolent crime in January

7 2020, and my release date is August 3, 2020.

8 2. I am an inmate trustee assigned to work at the laundry and distribute laundry

9 to inmates.

10 3. I am currently housed in module 2700. There has been no increase in the

11 frequency of the laundry due to the pandemic. We have the same pick up schedule

12 as before the pandemic. In fact, it has been a little slower, because some inmates

13 have already been released. There is one laundry facility on the first floor that serves

14 both floors of both towers.

15 4. Recently, I was transferred to working in the kitchen because I was told all

16 of the workers in the kitchen were placed in quarantine. I believe all of the kitchen

17 workers were quarantined because someone was diagnosed with COVID-19. When

18 we began working in the kitchen, nothing had been cleaned or disinfected after the

19 other workers went into quarantine. We were made to clean the kitchen ourselves

20 before we began working there.

21 5. Several weeks ago, someone was taken out of my dorm when she reported

22 feeling sick to the deputies. They did not let us go to work as inmate trustees for

23 one week after they removed her from the dorm. As inmate trustees, we wear green

24 uniforms and we move between all the modules. That week, we stayed in our

25 module. Later, the deputies told all of us that she had tested negative.

26 6. Currently, there are two modules in the east tower that are under quarantine.

27 I believe they are 3300 and 3400. We are not allowed to take the laundry to the

28 inmates in those modules. We just leave the cart inside the door and then they

{H0615990.1}

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DECLARATION OF RANY UONG

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 76 of 87 Page ID #:685

1 distribute the laundry themselves. 2 7. In our unit, there is no antibacterial soap in the dispenser. In fact, there is not 3 a dispenser like in the other units. We just have a shared bar of soap by the sink. It 4 does not seem very sanitary to all use the same soap bar. 5 8. There is just one bottle of spray for everyone in 2700. I am not sure if it is 6 Citracide or Turbokill. There do not seem to be any consistent rules about cleaning. 7 The phone is not wiped down between users. I have seen other people in my dorm 8 put a sock over the phone in order to use it. 9 9. There is only lukewarm water in the shower and sometimes it is cold. It is 10 random when the shower will be cold. We do have access to the showers every day, 11 but there is not any official cleaning schedule of the showers. Inmates just have to 12 clean the showers themselves. 13 10.There are 20-30 people in the dayroom outside of my cell. The cells open 14 onto the dayroom with just a glass door. Although I am housed in the cell, there are 15 twenty people just outside the door to my cell, and I have to walk very closely past 16 those people whenever I need to go anywhere. It is not possible to stay 6 feet away 17 from the people outside my door. Their beds are spaced very closely together, 18 approximately 1.5 feet apart. 19 11.There are two bunk beds in my cell. It is impossible to socially distance 20 myself from my roommates. 21 12. There is no hand sanitizer or paper towels and we just dry our hands on our 22 clothes. We get one towel per week that we keep in our cells. The inmate trustees 23 doing the laundry are issued thin, blue, rubber gloves to handle the laundry. 24 13. If I were released from here, I would stay at my uncle’s place. I could have 25 my own room and quarantine there. I have stayed there before. 26 14. I miss my family very much. Right now, we are not allowed any family 27 visits. The thing that would lift my spirits the most is at least having video visits 28 with my family. It is really hard being away from them during this emergency.

{H0615990.1}

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DECLARATION OF RANY UONG

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 77 of 87 Page ID #:686
19 th

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Ex. 14

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 79 of 87 Page ID #:688

1

DECLARATION OF BENITO VENEGAS

2 I, Benito Venegas, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto:

6

2. I am currently incarcerated in Men’s Central Jail (“MCJ”) in Los Angeles,

7 California. I have been incarcerated at MCJ for the last two years, awaiting trial on felony

8 charges.

9

3. I am a 27-year old Hispanic man with asthma and other health conditions

10 that make me vulnerable to COVID-19. When I was 17 years old, I was diagnosed with

11 epilepsy. I have since had seizures on average about twice a month for the last ten years.

12 Last week, I experienced two seizures on the same day. My seizures generally cause me

13 to fall to the ground involuntarily. I have had seizures in the shower, where I fall to the

14 ground involuntarily and scrape myself on the shower floor. The showers are used by

15 over eighty people daily and are not cleaned thoroughly. The shower floor is visibly dirty

16 even after it is cleaned. Since I have been in jail, I have developed irritation on my skin

17 which I believe may be due to contact that I have made with unhygienic surfaces when

18 experiencing seizures.

19

4. I am housed in the “School Dorm” which is an 87-person dorm. We are

20 almost at full capacity; at last count on April 14, I believe there were only four open

21 bunks. The dorm has restrooms, showers, telephone booths, communal tables, a workout

22 area with pullup bars, vending machines and triple bunk beds. The triple bunk beds are

23 less than 3 feet apart from one another. We all usually eat our meals at our bunks or at the

24 communal tables. The prisoners with whom I share this space touch all of the same

25 common surfaces. Since early March, the guards canceled yard time, and since then we

26 have been in our dorm all day. We all leave for our court appearances, medical visits,

27 attorney visits, and other mandatory transports from time to time and come back to the

28 dorm.

DECLARATION OF BENITO VENEGAS

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 80 of 87 Page ID #:689

1

5. It is difficult, if not impossible, to keep six feet of distance with the other

2 prisoners in my dorm. It is a small dorm, filled with more than eighty people, and very

3 crowded. We share all of the common spaces in the cell, including the exercise area

4 consisting of pull-up bars, the showers, the restrooms, and the tables where we sit, each,

5 watch television, and play cards. We also sleep in very close proximity to each other. For

6 instance, there is an older man (I estimate about 80 years old) who sleeps in a bunk right

7 beside my bunk. He is less than six feet away from me. At night, I can hear him coughing

8 loudly.

9

6. We are given our food through a slot in the doorway by trustees, some of

10 whom wear masks but others do not. The ones who wear masks only started to wear them

11 about two weeks ago. The trustees are sometimes conversing with us or with each other

12 when they give us food, and I have personally seen at least one trustee coughing or

13 sneezing when handling the food. We all line up to get food, and in lining up, it is

14 impossible, given the size of the dorm and how many people there are, to stay six feet

15 apart from one another.

16

7. When I see my dorm mates cough in my presence, I typically cover my

17 mouth or my nose with my jail uniform. This has happened a lot in my dorm. I am afraid

18 of retaliation by deputies if I say I need medication or treatment for potential COVID-19

19 symptoms.

20

8. Before April 10, 2020, no one in the jail had given me anything to protect

21 myself against COVID-19. I had not received any masks, hand sanitizer, or gloves. Early

22 in the morning on April 10, deputies came into the dorm, turned on all the lights, and

23 gave one mask to each person. No other information was provided about the masks.

24

9. We do not have soap dispensers or hand sanitizer inside the dorm. We have

25 limited access to gloves; I don’t get any gloves unless it’s an emergency and I ask the

26 guards for them. But the guards have not given all of us gloves.

27

10. Before we were given the masks, the only people who had masks were the

28 deputies and some (but not all) trustees. It concerns me that people outside our dorm

DECLARATION OF BENITO VENEGAS

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 81 of 87 Page ID #:690

1 come in and out of the dorm multiple times a day to conduct checks and to drop off our

2 meals, and they are not always wearing masks.

3

11. Each person is provided a free soap once when they enter, but I have used

4 mine up already. I typically buy one through the commissary about once a week.

5

12. About once a week, trustees from a different dorm typically come and

6 “clean” my cell. They are not always wearing masks.

7

13. I have a family outside, and if released, I will have support to help me get

8 the medical care I need.

9

10

I declare under penalty of perjury under the laws of the State of California and the

11 United States of America that the foregoing is true and correct. Executed this 14th day of

12 April 2020, in Los Angeles, California.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DECLARATION OF BENITO VENEGAS

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Ex. 15

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 83 of 87 Page ID #:692

1

DECLARATION OF DENEAL YOUNG

2 I, DeNeal Young, hereby declare and say:

3

1. I make this declaration of my own free will. I have personal knowledge of

4 the facts set forth herein and if called as a witness, could and would testify competently

5 thereto.

6

2. I am currently incarcerated in Men’s Central Jail (“MCJ”) in Los Angeles,

7 California. I have been incarcerated at MCJ since November 26, 2019, awaiting a

8 resentencing hearing. Prior to being transferred to MCJ, I was incarcerated at a state

9 prison in Solano County.

10

3. My resentencing hearing date was scheduled for March 19, 2020 and has

11 now been delayed indefinitely due to COVID-19.

12

4. I am a 49-year old Black man confined in a wheelchair due to blood clots in

13 my legs. I have multiple underlying health conditions. I suffer from severe obesity.

14 Doctors in prison and in MCJ have told me that I have an undiagnosed heart condition. In

15 or around February of this year, the medical staff at MCJ performed an ultrasound in my

16 legs. This coincided with chest pains that I started having in February. On April 7, I

17 received the results of the ultrasound which revealed roughly 45% obstruction of blood

18 flow in one leg and 35% obstruction of blood flow in the other leg. The doctor informed

19 me that this puts me at risk of heart attack, pulmonary embolism, and stroke. Due to the

20 rapid progression of the obstruction, I have lost my ability to walk and am currently in a

21 wheelchair. I was told that I needed to be “sent out” to the county hospital immediately

22 for an emergency surgery. However, the doctor at MCJ has since told me that they cannot

23 send me out and they don’t know when they will be able to send me out due to COVID-

24 19 restrictions. They state, “Everything has to go through Trump.” With each day that

25 passes, I am afraid that if I contract COVID-19 in the jail, my compromised medical

26 condition would put me at a higher risk of complications from the illness.

27

5. I am housed in a 3-man cell in the Medical unit of MCJ. There are three

28 bunks and a toilet. There is roughly one foot between each bed. There is very little

DECLARATION OF DENEAL YOUNG

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 84 of 87 Page ID #:693

1 privacy or personal space; we use the bathroom in each other’s presence and touch all of

2 the same surfaces. It is impossible for me to keep six feet apart from my cell mates. I get

3 my medications 3x/day when the nurse comes to the door. The nurse is always

4 accompanied by a deputy. They open the door and I walk to the doorway where they

5 hand me my medication. They are always less than 6 feet away. It’s a different deputy all

6 three times a day and a different nurse at least two times a day. I get my food 3x/day

7 when a deputy and a trustee comes to the door. It is a different trustee each time of day

8 and a different deputy each time of day. I also encounter deputies when I go to the

9 shower 3x/week (Sun, Tues, Thurs). I have been to the doctor four times since I have

10 been incarcerated here at MCJ. The deputies bring me to the doctor by walking me down

11 a hallway about 50-feet from my cell. I have to wait in line behind eight people on

12 average. We are all sitting on the bench (and I am next to the bench in my wheelchair). It

13 is not possible to have six feet of distance on the bench. We are usually waiting for about

14 an hour and a half to see the doctor.

15

6. I want to do everything I can to protect myself against COVID-19 but the

16 guards and nurses have not given me adequate protective gear to protect myself against

17 COVID-19. No one had the jail has provided me with any written information about the

18 virus, and I do not see any signs around my cell or at the jail about how to protect myself

19 against contracting it or spreading it if I have it. The only information I get is from

20 reading the newspaper or watching the news on TV.

21

7. On or around March 15, 2020, I was exposed to someone who was coughing

22 aggressively. The person was in front of the nurse’s station, where I was waiting to get

23 my blood pressure taken. A few days later, my throat became scratchy and I also

24 developed a cough. On March 20, my temperature was taken by a nurse. I registered a

25 temperature of 99.5, which is higher than my regular body temperature and considered to

26 be a fever for me. Although I showed symptoms of COVID-19, I was not placed in a

27 separate cell, quarantined, or provided any medication. I was also not given a COVID-19

28 test.

DECLARATION OF DENEAL YOUNG

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Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 85 of 87 Page ID #:694

1

8. I have not personally heard of anyone in the jail who has been able to get a

2 COVID-19 test despite showing symptoms, but deputies have said to me that “inmates

3 upstairs have COVID-19.”

4

9. Since I have been in the medical unit, I have seen only one thorough

5 cleaning of my cell. Two times a week, trustees from a different dorm will come into my

6 cell and sweep or throw out the trash. I do not observe them using any cleaning products

7 when they clean the cell. Shared surfaces within my cell include our single phone, door,

8 sink, toilet, and walls. I clean the surfaces myself. I have to use my own soap, which I put

9 on a rag to clean the shared surfaces. The jail does not give me any disinfectant supplies

10 to clean these shared surfaces. No one cleans the shared surfaces between uses.

11

10. Each person is provided a small soap bar upon detention, which dissolves

12 quickly after a few uses. I was handed a bar of soap by a deputy when I was first

13 transferred to MCJ; I have never received a second bar of soap from the jail in my five

14 months residing at MCJ. Instead, I have to buy my own soap. To buy a bar of soap, I

15 have to pay upwards of $1.45 for a bar of Irish Spring, $2.11 for a bar of Dove, or $5.05

16 for a bar of Neutrogena, which comes out of my commissary money for food and other

17 necessities.

18

11. I shower three times a week. The showers are shared with the entire module.

19 I have never observed anyone cleaning the shared showers. In fact, when I shower, I am

20 told to clean the shower myself, take out my trash, and wipe down the area that I use. I

21 have never been provided any special cleaning supplies to do this. I usually just take my

22 foot and wipe down the shower area before I can shower. I typically see the following in

23 the shower area that I have to drag out with my foot: clothes left over from a previous

24 shower, debris, trash, dirty diapers, hair, spit, and phlegm. I am in a wheelchair so this is

25 difficult for me to do. The showers are shared so the door, the faucet, the rails, the shower

26 walls are all common surfaces.

27

12. I have observed the deputies try to confiscate my cell mate’s CPAP machine,

28 but he has refused to give it up because he needs it to breathe while sleeping. I have heard

DECLARATION OF DENEAL YOUNG

-3-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 86 of 87 Page ID #:695

1 of other people in the medical ward whose CPAP machines were taken from them

2 because of COVID-19, but who are not told what else they can do about their breathing

3 problems.

4

13. When I wash my hands, I have to use my shirt to wipe my hands. I am not

5 provided any paper towels inside my cell to wipe my hands clean after washing them. I

6 get laundry once every Monday. Most of the time they don’t have my size (5X top, 7X

7 pants).

8

14. On April 9, because news of COVID-19’s rapid spread was causing me to

9 fear for my life, I submitted a grievance form asking for a mask and hand sanitizer. I also

10 requested a release so that I can get the medical care that I need in a timely manner. I

11 explained in the grievance, “This grievance is for me to receive a mask, gloves and hand

12 sanitizer and to be released from custody to go to the hospital to get medical care

13 attention and social distancing living conditions to stop the spread of COVID-19.”

14

15. On April 10, at around 2am in the morning, guards came into my cell and

15 handed each of us a face mask. I was not given any directions about how to wear it or

16 when to wear it, or if we will be getting replacement face masks after we finish using the

17 ones they gave us.

18

16. On April 10, in the daytime, I was visited by a Senior Deputy. I asked him to

19 submit my grievance, and he agreed to do so. He told me that he reviewed my grievance

20 form and that that the deputies would not be giving our hand sanitizer or gloves. He also

21 said that my request to be released was a custody issue and he could not do anything

22 about that.

23

17. Before April 10, I repeatedly asked nurses, deputies and senior deputies for a

24 face mask and was told no. I heard in response, "You are safe because you are in here." I

25 would sometimes receive the response, “We don’t have no face masks.” Jail staff, nurses,

26 trustees and other people physically enter my cell at least five times a day to pass out

27 food, medication, and to perform welfare checks. Before April 10, the only people who

28 had masks are some (but not all) of the deputies, trustees, and nurses. Not all of the

DECLARATION OF DENEAL YOUNG

-4-

Case 2:20-cv-03760-RGK-PLA Document 13-5 Filed 04/24/20 Page 87 of 87 Page ID #:696

1 deputies wear masks. I have seen deputies cough and sneeze near my cell.

2

18. On April 15, I again submitted a grievance form stating my concern on

3 behalf of all prisoners at MCJ. The grievance states, ““This grievance is for myself and

4 all inmates in LA County Jails. The jails fail to maintain conditions necessary to prevent

5 COVID-19 by e.g., ignoring CDC guidance and not providing masks, sanitization

6 supplies, proper cleaning, soap/paper towels, social distancing, testing, and treatment.”

7

19. If released, I will go to my aunt’s house in Paramount, CA. My aunt is

8 willing and able to come pick me up at MCJ. My aunt is a nurse and works at a hospital

9 in Marina Del Rey; hence, she is familiar with local hospitals in the Los Angeles area

10 where I might be able to timely secure the medical help I need. If released, I have many

11 more options than I have within the jail to find a medical provider to treat the blood clots

12 in my legs and perform urgent surgery as needed.

13

20. I am a member of the Youth Justice Coalition.

14

15

I declare under penalty of perjury under the laws of the State of California and the

16 United States of America that the foregoing is true and correct. Executed this 23rd day of

17 April 2020, in Los Angeles, California.

18

19

20

21

DeNeal Young

22

23

24

25

26

27

28

DECLARATION OF DENEAL YOUNG

-5-

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 1 of 30 Page ID #:697

1 Dan Stormer, Esq. [S.B. #101967]

2

Shaleen Shanbhag, Esq. [S.B. #301047] Tanya Sukhija-Cohen, Esq. [S.B. #295589]

3

Theresa Zhen, Esq. [S.B. #300710] HADSELL STORMER RENICK & DAI LLP

4

128 N. Fair Oaks Avenue Pasadena, California 91103

5

Telephone: (626) 585-9600 Facsimile: (626) 577-7079

6

Emails: dstormer@hadsellstormer.com sshanbhag@hadsellstormer.com

7

tanya@hadsellstormer.com tzhen@hadsellstormer.com

8 Barrett S. Litt, Esq. [S.B. #45527]

9

Lindsay B. Battles, Esq. [S.B. #262862] KAYE, MCLANE, BEDNARSKI, & LITT, LLP

10

975 E. Green Street Pasadena, CA 91106

11

Telephone: (626) 844-7660 Facsimile: (626) 844-7670

12

Email: blitt@kmbllaw.com lbattles@kmbllaw.com

13

14 Attorneys for Petitioners/Plaintiffs

15 [Additional Counsel continued on next page]

16

UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

18

RODNEY CULLORS, DENEAL YOUNG, JESSICA HAVILAND, RANY UONG,

Case No.: 2:20-cv-03760

19

MARK AVILA, CAROLE DUNHAM, LEANDREW LEWIS, VICTOR

CLASS ACTION

20

GUTIERREZ, JEREMIAH FARMER, on behalf of themselves and all others

DECLARATIONS OF PROPOSED CLASS REPRESENTATIVES IN

21

similarly situated, DIGNITY AND POWER NOW, YOUTH JUSTICE

SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

22 COALITION,

23

Plaintiffs,

24 vs.

25

COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF ALEX

26

VILLANUEVA, and DOES 1-10, inclusive,

27

Defendants.

28

DECLARATIONS OF PROPOSED CLASS REPRESENTATIVES ISO PLTF’S MOTION FOR CLASS CERTIFICATION

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 2 of 30 Page ID #:698

1 [Additional Counsel continued from first page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

3

ACLU OF SOUTHERN CALIFORNIA 1313 W. 8th St.

Katherine C. Hubbard, Esq. [S.B. #302729]

4

Los Angeles, CA 90017 Telephone: (213) 977-9500

CIVIL RIGHTS CORPS 1601 Connecticut Ave. NW, Ste. 800

5 Facsimile: (213) 977-5299

Washington, DC 20009

6 Email: peliasberg@aclu.sc.org

Telephone: (202) 894-6126 Facsimile: (202) 609-8030

7

Email: alec@civilrightscorps.org katherine@civilrightscorps.org

8

9

Catherine Sweetser, SBN 271142 Alicia Virani, SBN 281187

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION

10

Aaron Littman, SBN 330283 UCLA LAW CLINICS

NATIONAL PRISON PROJECT 915 15th St., N.W.

11 385 Charles E. Young Drive East Los Angeles, CA 90095

Washington, D.C. 20005 Telephone: (202) 393-4930

12 (310) 825-9562

Facsimile: (202) 393-4931

13

Email: csweetser@sshhlaw.com virani@law.ucla.edu

Email: ebalaban@aclu.org

14

littman@law.ucla.edu

15 Andrea Woods, Esq.*

16

AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor

17

New York, NY 10004 Telephone: (212) 549-2528

18 Facsimile: (212) 607-3329 Email: awoods@aclu.org

19

20 *pro hac vice applications forthcoming

21

22

23

24

25

26

27

28

DECLARATIONS OF PROPOSED CLASS REPRESENTATIVES ISO PLTF’S MOTION FOR CLASS CERTIFICATION

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 3 of 30 Page ID #:699

1

INDEX OF DECLARATIONS REGARDING

2

CLASS REPRESENTATIVE DUTIES & QUALIFICATIONS

3

4 Exhibit Description

5

A Declaration of Mark Avila, dated April 17, 2020

6

B Declaration of Rodney Cullors, dated April 17, 2020

7

C Declaration of Carole Dunham, dated April 14, 2020

8

D Declaration of Jeremiah Farmer, dated April 17, 2020

9

E Declaration of Victor Gutierrez, dated April 15, 2020

10

F Declaration of Jessica Haviland, dated April 14, 2020

11

G Declaration of LeAndrew Lewis, dated April 18, 2020

12

H Declaration of Rany Uong, dated April 17, 2020

13

I

Declaration of DeNeal Young, dated April 23, 2020

14 Dated: April 24, 2020 15 16 17 18

Respectfully Submitted, HADSELL STORMER RENICK & DAI LLP KAYE, MCLANE, BEDNARSKI & LITT, LLP CIVIL RIGHTS CORPS UCLA LAW CLINICS ACLU OF SOUTHERN CALIFORNIA AMERICAN CIVIL LIBERTIES UNION

19

20

By: /s/ - Barrett S. Litt Barrett S. Litt

21

Lindsay Battles

22

Attorneys for Petitioners/Plaintiffs

23

24

25

26

27

28

DECLARATIONS OF PROPOSED CLASS

1

REPRESENTATIVES ISO PLTF’S MOTION FOR

CLASS CERTIFICATION

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 4 of 30 Page ID #:700
Ex. A

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 5 of 30 Page ID #:701
Declaration of Mark Avila Regarding Class Representative Duties & Qualifications
1. I, Mark Avila, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Men’s Central Jail in Los Angeles, California and have been here since November 4, 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Men’s Central Jail during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 6 of 30 Page ID #:702
means to contact a class representative on very short notice as needs may anse.
8. I understand that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval and must be in the best interests of the class as a whole.
9. I understand and accept the possibility that, in the event the case is lost, the court may assess certain of defendants' costs of litigation against the class representatives.
10. I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit:> and must make every effort to provide class counsel with all relevant facts.
11. I understand that I have a duty to take steps to prosecute the case, which will happen through my lawyers. I know that I have to provide information to my lawyers they feel is necessary, provide documents if required, and testify if necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the court.
I declare under penalty ofpe1jury that the forgoing is true and correct.
Executed on this17_ day of _A_p_ril_20_20_____., m _Lo_ s A_ng_ ele_s, California.

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 7 of 30 Page ID #:703
Ex. B

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 8 of 30 Page ID #:704
Declaration of Rodney Cullors Regarding Class Representative Duties & Qualifications
1. I, Rodney Cullors, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Men’s Central Jail in Los Angeles County and have been here since February 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Men’s Central Jail during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 9 of 30 Page ID #:705

17

April 2020

Los Angeles,

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 10 of 30 Page ID #:706
Ex. C

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 11 of 30 Page ID #:707
Declaration of Carole Dunham Regarding Class Representative Duties & Qualifications
1. I, Carole Dunham, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at the Century Regional Detention Facility in Lynwood, California and have been here since August 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Century Regional Detention Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 12 of 30 Page ID #:708

currellt whereabouts at all times. Itis essential that my attorneys have a
illeans to contact a class representative on very short notice as needs may
arise.

8 I understand that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval and must be in the best interests of the
class as a whole.

9

I understand and accept the possibility that, in the event the case is lost, the

court may assess certain of defendants' costs of litigation against the class

representatives.

10 I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel with all
relevant facts.

l1 I understand that I have a duty to take steps to prosecute the case, which will
happen through my lawyers. I know that I have to provide information to my
lawyers they feel is necessary, provide documents if required, and testify if
necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with
similar claims. I understand that it is important that all beneflt from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the
court.

I decl;u'e under penalty of perjr-rry that the forgoing is true and cot'rect.

Executed on this lYooy nr
California.

";\ 7b'zc) u1

tnlr:"rCJ

(Signature)

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 13 of 30 Page ID #:709
Ex. D

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 14 of 30 Page ID #:710
Declaration of Jeremiah Farmer Regarding Class Representative Duties & Qualifications
1. I, Jeremiah Farmer, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at North County Correctional Facility, awaiting trial since January 9, 2020. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at North County during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 15 of 30 Page ID #:711
means to contact a class representative on very short notice as needs may arise.
8. I understand that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval and must be in the best interests of the class as a whole.
9. I understand and accept the possibility that, in the event the case is lost, the court may assess certain of defendants' costs of litigation against the class representatives.
10. I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel with all relevant facts.
11. I understand that I have a duty to take steps to prosecute the case, which will happen through my lawyers. I know that I have to provide information to my lawyers they feel is necessary, provide documents if required, and testify if necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the court.
ꞏ I declare under penalty of perjury that the forgoing is true and correct.
Executed on this 17th day of April 2020, in Los Angeles, California.
(Signature)

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 16 of 30 Page ID #:712
Ex. E

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 17 of 30 Page ID #:713
Declaration of Victor Gutierrez Regarding Class Representative Duties & Qualifications
1. I, Victor Gutierrez, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Twin Towers Correctional Facility in Los Angeles, California and have been here since March 13, 2020. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Twin Towers Correctional Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 18 of 30 Page ID #:714

means to contact a class representative on very short notice as needs may arise.

8. I understand that any resolution of the lawsuit, such as by settlement or

dismissal, is subject to court approval and must be in the best interests of the ·

class as a whole.

· ·

.·; ,.·,,~' '

9. I understand and accept the possibility that, in the event the case is lost, the :.,~;·

court may assess certain of defendants' costs of litigation against the class

representatives.

10. I understand that a class representative is not required to be particularly

knowledgeable with respect to the subject of the lawsuit. However, the class

representative should be interested, on a continuous basis, in the progress of

the lawsui~ and must make every effort to provide class counsel with all

relevant facts.

·

;1 ·. . ! . .
11. . I understand that I have a duty to take st~ps to prosecute the case, which will

happen through my lawyers. I·know that I have to provide information to my

lawyers they feel is necessary, provide documents·if required, and testify if

necessary at deposition or trial. .,. .. .: ·:.";, . ·· : · · •

,

. .. · •

I

~

• t

• 1

,1 I

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1
..

•

•,

'

1 • ~~ • 1 1 I

1

12. I ~derstand that I am volunteeririg to repr~~~nt many other people with

similar claims. I understand that it is important that all benefit from the

lawsuit equally. Based on what l have been told, a class lawsuit will save . time, money, an~ effort 'f.h~,· a .class.action will benefit all parties, and the

court.

·!\ ·: .·

<\ .-.· · ·.·.. · . , . ":,'>:
': :·: .·

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~· I declare ~der penalty ofperjurythat ~e fo · g is true and correct.

Executed on this 15th day of April, 2 '·in Los Angeles, California.

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 19 of 30 Page ID #:715
Ex. F

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 20 of 30 Page ID #:716
Declaration of Jessica Haviland Regarding Class Representative Duties & Qualifications
1. I, Jessica Haviland, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Century Regional Detention Facility in Lynwood, California and have been here since December 19, 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Century Regional Detention Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 21 of 30 Page ID #:717

current whereabouts at all times. Itis essential that my attorneys have a
means to contact a class representative on very short notice as needs may
arise.

8

I understand that any resolution of the lawsuit, such as by settlement or

dismissal, is subject to court approval and must be in the best interests of the

class as a whole.

9

I understand and accept the possibility that, in the event the case is lost, the

court may assess certain of defendants' costs of litigation against the class

representatives.

10 I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effbrt to provide class counsel with all
relevant facts.

l.1

I understand that I have a duty to take steps to prosecute the case, which will

happen through rny lawyers. I know that I have to provide information to my
lawyers they feel is necessary, provide documents if'required, and testify if

necessary at deposition or trial.

l2 I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit frorn the lawsuit equally. Based on what I have been told, a class lawsuit will save tirne, money, and effort. Thus, a class action will beneflt all parties, and the
court.

I cleclare uuder penalty of perjury that the forgoing is true and cotlect.

l{ Executed on this day o1'
Calilbrnia.

rn

(td) 17 4

,l\ v1'r1

ln t- n ,rn ngi

(Signature

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 22 of 30 Page ID #:718
Ex. G

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 23 of 30 Page ID #:719
Declaration of LeAndrew Lewis Regarding Class Representative Duties & Qualifications
1. I, LeAndrew Lewis, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at North County Correctional Facility in Los Angeles County and have been here since November 13, 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at North County Correctional Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 24 of 30 Page ID #:720
means to contact a class representative on very short notice as needs may anse.
8. I understand that any resolution of the lawsuit., such as by settlement or dismissal, is subject to court approval and must be in the best interests of the class as a whole.
9. I understand and accept the possibility that, in the event the case is lost, the court may assess certain of defendants' costs of litigation against the class representatives.
10. I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel with all relevant facts.
11. I understand that I have a duty to take steps to prosecute the case, which will happen through my lawyers. I know that I have to provide information to my lawyers they feel is necessary, provide documents if required, and testify if necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the court.
I declare under penalty ofperjury that the forgoing is true and correct.
Executed on this18_ day of__A_pri_l 2_02_0 ____, 1n _ Los_A_ nge_le_s California.

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 25 of 30 Page ID #:721
Ex. H

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 26 of 30 Page ID #:722
Declaration of Rany Uong Regarding Class Representative Duties & Qualifications
1. I, Rany Uong, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at the Century Regional Detention Facility and have been here since January 2020. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Century Regional Detention Facility during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 27 of 30 Page ID #:723
current whereabouts at all times. It is essential that my attorneys have a means to contact a class representative on very short notice as needs may anse.
8. I understand that any resolution of the lawsuit, such as by settlement or dismissal, is subject to court approval and must be in the best interests of the class as a whole.
9. I understand and accept the possibility that, in the event the case is lost, the court may assess certain of defendants' costs of litigation against the class representatives.
10. I understand that a class representative is not required to be particularly knowledgeable with respect to the subject of the lawsuit. However, the class representative should be interested, on a continuous basis, in the progress of the lawsuit, and must make every effort to provide class counsel with all relevant facts.
11. I understand that I have a duty to take steps to prosecute the case, which will happen through my lawyers. I know that I have to provide information to my lawyers they feel is necessary, provide documents if required, and testify if necessary at deposition or trial.
12. I understand that I am volunteering to represent many other people with similar claims. I understand that it is important that all benefit from the lawsuit equally. Based on what I have been told, a class lawsuit will save time, money, and effort. Thus, a class action will benefit all parties, and the court.

I declare under penalty ofperjury that the forgoing is true and correct.

Executed on this\'.'.] day of__,t'--L'-f'L'n---=-/+-- - - - - - '' m

California.

l::1f

(Signature~~

LVt nwo«/

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 28 of 30 Page ID #:724
Ex. I

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 29 of 30 Page ID #:725
Declaration of DeNeal Young Regarding Class Representative Duties & Qualifications
1. I, DeNeal Young, am over the age of eighteen. I am a plaintiff and a proposed class representative in Cullors, et. al. v. County of Los Angeles, et. al.
2. I am incarcerated at Men’s Central Jail in Los Angeles, California and have been here since November 26, 2019. I understand that I am acting as a class representative for inmates subject to unreasonable risk of exposure to COVID 19 due to the Los Angeles Sheriff’s Department’s deliberate indifference to the health and safety of inmates within its custody. I am separately submitting a declaration describing my experience at Men’s Central Jail during the COVID 19 public health crisis.
3. I understand that I am acting on behalf of many other people, besides myself, who are incarcerated in the Los Angeles County jail system.
4. I understand that, as a class representative, I represent the interests of all class members in the lawsuit. It is my responsibility to represent the interests of the class as a whole and not just my personal interests.
5. I understand that a class representative has claims which are typical of the members of the class. By typical, I understand that my claims against the defendants are similar to the claims of other class members because each of us was injured in a similar way and manner, as a result of the same policy or practice.
6. I understand that, through my lawyers, I have a duty and responsibility to let class members know about important events in this case. I understand that my attorneys and the Court will let me know what those events are. I understand that some types of notice that will be sent out include letting class members know what their rights are, and how they can participate in the case.
7. I understand and accept that, as a class representative, I am responsible for actively participating in the lawsuit by such things as testifying at deposition and trial, answering written interrogatories, providing information to my attorneys necessary for the case, and by keeping my attorneys advised of their current whereabouts at all times. It is essential that my attorneys have a

Case 2:20-cv-03760-RGK-PLA Document 13-6 Filed 04/24/20 Page 30 of 30 Page ID #:726

23

April 2020

Los Angeles ,

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 1 of 46 Page ID #:737

1 Dan Stormer, Esq. [S.B. #101967]

Shaleen Shanbhag, Esq. [S.B. #301047]

2 Tanya Sukhija-Cohen, Esq. [S.B. #295589]

Theresa Zhen, Esq. [S.B. #300710]

3 HADSELL STORMER RENICK & DAI LLP

128 N. Fair Oaks Avenue

4 Pasadena, California 91103

Telephone: (626) 585-9600

5 Facsimile: (626) 577-7079

Emails: dstormer@hadsellstormer.com

6

sshanbhag@hadsellstormer.com

tanya@hadsellstormer.com

7

tzhen@hadsellstormer.com

8 Barrett S. Litt, Esq. [S.B. #45527]

Lindsay B. Battles, Esq. [S.B. #262862]

9 KAYE, MCLANE, BEDNARSKI, & LITT, LLP

975 E. Green Street

10 Pasadena, CA 91106

Telephone: (626) 844-7660

11 Facsimile: (626) 844-7670

Email: blitt@kmbllaw.com

12

lbattles@kmbllaw.com

13 Attorneys for Petitioners/Plaintiffs

14 [Additional Counsel continued on next page]

15

UNITED STATES DISTRICT COURT

16

CENTRAL DISTRICT OF CALIFORNIA

17 RODNEY CULLORS, DENEAL

Case No.: 2:20-cv-03760 DDP (PLAx)

YOUNG, JESSICA HAVILAND, RANY

18 UONG, MARK AVILA, CAROLE

DUNHAM, LEANDREW LEWIS,

DECLARATION OF EXPERT ELDON

19 VICTOR GUTIERREZ, JEREMIAH

VAIL IN SUPPORT OF

FARMER, on behalf of themselves and all PETITIONERS/PLAINTIFFS’ EX

20 others similar situated, DIGNITY AND PARTE APPLICATION FOR

POWER NOW, YOUTH JUSTICE

TEMPORARY RESTRAINING ORDER

21 COALITION,

AND MOTION FOR PRELIMINARY

INJUNCTION

22

Plaintiffs,

23 vs.

24 COUNTY OF LOS ANGELES, LOS ANGELES COUNTY SHERIFF ALEX
25 VILLANUEVA, and DOES 1-10, inclusive,
26

27

Defendants.

28

DECL OF EXP VAIL ISO EX PARTE APPL FOR TRO & MTN FOR PI

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 2 of 46 Page ID #:738

1 [Additional Counsel continued from first page]

2 Peter J. Eliasberg, Esq. [S.B. #189110] Alec Karakatsanis*

ACLU OF SOUTHERN CALIFORNIA Katherine C. Hubbard, Esq. [S.B.

3 1313 W. 8th St.

#302729]

Los Angeles, CA 90017

CIVIL RIGHTS CORPS

4 Telephone: (213) 977-9500

1601 Connecticut Ave. NW, Ste. 800

Facsimile: (213) 977-5299

Washington, DC 20009

5 Email: peliasberg@aclu.sc.org

Telephone: (202) 894-6126

Facsimile: (202) 609-8030

6

Email: alec@civilrightscorps.org

katherine@civilrightscorps.org

7

8 Catherine Sweetser, SBN 271142

Alicia Virani, SBN 281187

9 Aaron Littman, SBN 330283

UCLA LAW CLINICS

10 385 Charles E. Young Drive East

Los Angeles, CA 90095

11 (310) 825-9562

Email: csweetser@sshhlaw.com

12

virani@law.ucla.edu

littman@law.ucla.edu

13

Eric Balaban, Esq.* AMERICAN CIVIL LIBERTIES UNION NATIONAL PRISON PROJECT 915 15th St., N.W. Washington, D.C. 20005 Telephone: (202) 393-4930 Facsimile: (202) 393-4931 Email: ebalaban@aclu.org

14 Andrea Woods, Esq.* AMERICAN CIVIL LIBERTIES UNION
15 125 Broad Street, 18th Floor New York, NY 10004
16 Telephone: (212) 549-2528 Facsimile: (212) 607-3329
17 Email: awoods@aclu.org

18

19 *pro hac vice applications forthcoming

20

21

22

23

24

25

26

27

28

DECL OF EXP VAIL ISO EX PARTE APPL FOR TRO & MTN FOR PI

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 3 of 46 Page ID #:739

1

DECLARATION OF ELDON VAIL

2

3 I. INTRODUCTION

4

1. I am a former corrections administrator with nearly thirty-five years of

5 experience working in and administering adult and juvenile institutions. Before

6 becoming a corrections administrator, I held various line and supervisory level positions

7 in a number of prisons and juvenile facilities in Washington State. I have served as the

8 Superintendent (Warden) of 3 adult institutions, including facilities that housed

9 maximum, medium and minimum-security inmates. I am over 18 years of age, and

10 competent to make this declaration.

11

2. I served for seven years as the Deputy Secretary for the Washington State

12 Department of Corrections (WDOC), responsible for the operation of prisons and

13 community corrections. I briefly retired, but was asked by the former Governor of

14 Washington, Chris Gregoire, to come out of retirement to serve as the Secretary of the

15 Department of Corrections in the fall of 2007. I served as the Secretary for four years,

16 until I retired in 2011.

17

3. Since my retirement I have served as an expert witness and correctional

18 consultant for cases and disputes over 50 times in multiple jurisdictions—state, local and

19 federal—in twenty-one different states. As an expert witness and correctional consultant,

20 I have been retained to evaluate and offer my opinions on a variety of issues in the

21 correctional environment.

22

4. Specifically, over the last few years, I have testified in the following cases:

23

24

Coleman, et al. v. Brown, et al.; No. 2:90-cv-0520-LKK-JMP, United

States District Court, Eastern District of California; Testified, October 1, 2,

25

17 and 18, 2013

26

Graves v. Arpaio; No. cv-77-00479-PHX-NVW, United States District

27

Court of Arizona; Testified, March 5, 2014

28 / / /

DECLARATION OF ELDON VAIL

1

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 4 of 46 Page ID #:740

1

Corbett v. Branker; No. 5:13 CT-3201-BO, United States District Court,

Eastern District of North Carolina, Western District; Special Master

2

appointment November 18, 2013,

3

Testified, March 21, 2014

4

C.B., et al. v. Walnut Grove Correctional Authority, et al.; No. 3:10-cv-

5

663-DPS-FKB, United States District Court for the Southern District of Mississippi, Jackson Division; Testified, April 1, 2 and 27, 2015

6

Fontano v. Godinez; No. 3:12-cv-3042, United States District Court,

7

Central District of Illinois, Springfield Division; Testified, June 29, 2016

8

Doe v. Wolf; Case 4:15-cv-00250-DCB, United States District Court for the

9

District of Arizona; Testified, November 14, 2016 and January 13, 14 and

10

22, 2020

11

Braggs, et al. v. Dunn, et al.; No. 2:14-cv-00601-WKW-TFM, United

States District Court, Middle District of Alabama; Testified, December 22,

12

2016, January 4, 2017,

13

February 21, 2017 and December 5, 2017

14

Wright v. Annucci, et al.; No. 13-CV-0564-MAD-ATB, United States

15

District Court, Northern District of New York; Testified, February 13, 2017

16

Padilla v. Beard, et al.; Case 2:14-at-00575

United States District Court, Eastern District of California,

17

Sacramento Division; Testified April 19, 2017

18 Cole v. Livingston; Civil Action No. 4:14-cv-1698, United States District

19

Court, Southern District of Texas, Houston Division; Testified, June 20,

20

2017

21

Holbron v. Espinda; Civil No. 16-1-0692-04-RAN, Circuit Court of the

First Circuit, State of Hawai’i; Testified, December 20, 2017 22

23

Dockery v. Hall; No. 3:13-cv-326-TSL-JMR, United States District Court

for the Southern District of Mississippi, Jackson Division; Testified March

24

5-7, 2018

25

Valentine v. Collier; Case 4:20-cv-01115, United States District Court,

26

Southern District of Texas, Houston Division; Testified, April 16, 2020

27

5. As a Superintendent, Assistant Director of Prisons, Assistant Deputy

28 Secretary, Deputy Secretary and Secretary, I have been responsible for the safe and

DECLARATION OF ELDON VAIL

2

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 5 of 46 Page ID #:741

1 secure operations of adult prisons in the State of Washington, a jurisdiction that saw and

2 continues to see a significant downward trend in prison violence. As an expert witness

3 and consultant I have been called upon to address security issues and conditions of

4 confinement in adult prisons and jails in other states. I am experienced with sound

5 correctional practice.

6

6. Attached hereto as Exhibit 1 is a true and correct copy of my resume,

7 which lists my work experience, publications, and service as an expert witness and

8 correctional consultant. My billing rate for work on this case is $175 per hour.

9 II. ASSIGNMENT

10

7. I have been asked by Plaintiffs’ counsel to offer my opinion on whether or

11 not the measures the Los Angeles County Jails are taking to protect prisoners from the

12 novel coronavirus (COVID-19) are minimally adequate.

13 III. MATERIALS REVIEWED

14

8. For this report I have reviewed the declarations of the named plaintiffs that

15 were written during the second and third weeks of April 2020. In this report I rely

16 heavily on these declarations as they describe current conditions in the LA jails. I have

17 also reviewed documents from the California Judicial Counsel, the Los Angeles County

18 Sheriff’s Department (LASD), the Los Angeles Board of Supervisors, the Los Angeles

19 Superior Court and the Los Angeles Department of Public Health. A complete list of the

20 documents reviewed is attached to this report as Exhibit 2.

21 IV. OPINIONS

22

9. COVID-19 presents a special threat to people incarcerated in prisons and

23 jails. It is well known by corrections administrators that any infectious disease must be

24 taken extremely seriously in prisons and jails. People are housed in prisons and jails in

25 very close quarters, and all infectious diseases appear to spread quickly. Jails represent a

26 ticking time bomb during this pandemic. In my experience, once a single prisoner

27 developed an infectious disease, a large number of other prisoners would also catch it.

28 COVID-19 is particularly dangerous as those infected can be asymptomatic for several

DECLARATION OF ELDON VAIL

3

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 6 of 46 Page ID #:742

1 days, or may never show symptoms at all.

2

10. Other jurisdictions are experiencing extreme situations in their prisons and

3 jails. At the Marion Correctional Institution in Ohio, the number of prisoners testing

4 positive for the virus increased dramatically and rapidly. As of April 18, 2020 1,057

5 prisoners out of a total population of about 2,500 tested positive for COVID-19.1 The

6 number testing positive in the surrounding county and at the prison literally doubled in a

7 day. The National Guard is training 50 people to respond to the prison due to the severe

8 shortage of staff.2 As of April 17, 2020, at least 99 staff members have tested positive

9 for the virus.3 As of April 20, 2020 is has been reported than 1,828 prisoners at Marion

10 have tested positive for the virus4, indicating how fast this virus can spread in an

11 incarcerated population.

12

11. Other correctional facilities are now seeing the consequences of failing to

13 take every measure possible to stop the spread of the virus. In the Dane County Jail in

14 Wisconsin the Sheriff had decided it is necessary to test all of his staff and prisoners

15 after dozens more prisoners tested positive in a single pod.5 Rikers Island, in New York

16 City, is especially hard hit, and has an infection rate 87 times higher than the rest of the

17 country.6 The Cook County jail in Chicago is experiencing a similar disaster.7 A federal

18 1 DRC COVID-19 information 04-18-2020

19 2 https://www.marionstar.com/story/news/local/2020/04/18/ohio-prison-marion-

20

correctional-coronavirus-cases-covid-19-national-guard-called/5159921002/ 3 https://www.marionstar.com/story/news/local/2020/04/17/covid-19-marion-prison-

21 home-one-ohios-largest-outbreaks/5151815002/

22 4 https://thehill.com/homenews/state-watch/493623-almost-2000-coronavirus-casesreported-at-ohio-prison

23 5 https://www.wbay.com/content/news/All-inmates-and-staff-at-Dane-Co-jail-to-be-

24

tested-for-COVID-19-569826511.html?ref=511 6 Jessica Schulberg & Angelina Chapin, Prisoners at Rikers Say It’s Like a ‘Death

25 Sentence’ as Coronavirus Spreads, Huffington Post (Mar. 28, 2020),

26 https://www.huffpost.com/entry/rikers-prisonerscoronavirus_n_5e7e705ec5b6256a7a2a995d.
27 7 Sam Kelly, Sheriff announces 51 new coronavirus cases at Cook County Jail, raising

28 total to 89, Chicago Sun Times, Mar. 28. 2020, https://chicago.suntimes.com/coronavirus/2020/3/28/21198407/cook-county-jail-

DECLARATION OF ELDON VAIL

4

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 7 of 46 Page ID #:743

1 prison in Louisiana is reported to have had an “explosion” of virus cases with 30 staff

2 members and prisoners testing positive.8 State prisons in Minnesota9 and Georgia10 also

3 report prisoners testing positive. The situation is even more advanced in Illinois state

4 prisons, where one man has died after testing positive for the virus11, seventeen were

5 taken to a local hospital on March 30, 2020 and nine were on ventilators, stressing the

6 resource for the surrounding, non-incarcerated community. At the Illinois prison in

7 Stateville 121 prisoners and 70 staff have tested positive.12 By the time this declaration

8 is signed, there are likely to be more reports of COVID-19 in our nation’s prisons.

9 Tragically, this is just the beginning but prisons can reduce the risk to prisoners, staff

10 and the public if prompt actions are taken.

11

12. Jails are not closed systems. Large numbers of staff enter the jail every day,

12 and have the potential to bring the virus with them. As of the writing of the declaration,

13 58 LASD staff and 21 prisoners have tested positive for COVID-19.13 Given this level of

14 infection it is highly likely that more people in the LA jails will become infected. Given

15 this reality it is my opinion that the LA jails need to become much more aggressive to

16 slow the spread of the virus than the records show today, including increasing the

17 number of prisoners tested for COVID-19 in the LA jails.

18 coronavirus-covid-19-cases-inmates-89 (noting that “92 are still awaiting results of the
19 test”) and CBS Chicago, Coronavirus In Chicago: 89 Inmates, 12 Staff At Cook County
20 Jail Test Positive For COVID-19 (Mar. 28, 2020), https://chicago.cbslocal.com/2020/03/28/coronavirus-cook-county-jail-inmates-staff-
21 covid-19-saturday-march-28/. 22 8 https://www.washingtonpost.com/national/an-explosion-of-coronavirus-cases-cripples-
a-federal-prison-in-louisiana/2020/03/29/75a465c0-71d5-11ea-85cb23 8670579b863d_story.html 24 9 https://bringmethenews.com/minnesota-news/first-covid-19-cases-confirmed-in-
minnesotas-prison-system 25 10 https://bringmethenews.com/minnesota-news/first-covid-19-cases-confirmed-in-
26 minnesotas-prison-system 11 https://www.nbcchicago.com/news/coronavirus/stateville-inmate-dies-several-others-
27 on-ventilators-after-testing-positive-for-coronavirus/2247361/ 28 12 https://www2.illinois.gov/idoc/facilities/Pages/Covid19Response.aspx
13 https://lasd.org/covid19updates/

DECLARATION OF ELDON VAIL

5

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 8 of 46 Page ID #:744

1

13. Dr. Lello Tesema, lead for the COVID-19 Corrections Team for the Los

2 Angeles Department of Public Health, expressed a similar concern in a recent seminar.14

3 She said:

4

One of the biggest challenges and priorities for our department is to increase

5

testing in correctional facilities, in the jails and prisons -- specifically in the jails. You know, if you look at the current case counts, the positive cases among

6

staff is maybe three- to four-fold higher than among incarcerated or detained persons, and I think what that illuminates is the lack of access for testing for

7

people who are incarcerated or detained. And so we've urged our justice partners -- our correctional partners to widen testing, to relax criteria on testing, so that

8

people with mild, atypical symptoms, even asymptomatic people who have been close contacts get tested, so that we are appropriately mobilizing resources. But

9

currently, there is not nearly enough testing than the situation requires.

10

14. The Center for Disease Control (CDC) says:

11

Incarcerated/detained persons live, work, eat, study, and recreate within

congregate environments, heightening the potential for COVID-19 to spread once

12

introduced.15

13 Lack of Systemic Education and Information of the Incarcerated Population

14

15. The CDC guidance is that prisoners be educated about the risk of the virus

15 and how prisoners can protect themselves. The CDC says:

16

o Administrators can plan and prepare for COVID-19 by ensuring that all

17

persons in the facility know the symptoms of COVID-19 and how to respond if they develop symptoms.16

18

19

o Post signage throughout the facility communicating the following:  For all: symptoms of COVID-19 and hand hygiene instructions

20

 For incarcerated/detained persons: report symptoms to staff

21

o Ensure that signage is understandable for non-English speaking persons and

22

those with low literacy, and make necessary accommodations for those with

23

24

14 UCLA Semel Institute, COVID-19 and Incarceration: “What is Happening, What are the Key Questions, What Is to Be Done?”, Urgent-Zoom-Panel Conference UCLA Center

25

for Social Medicine, Apr. 18, 2020, available at https://www.youtube.com/watch?v=8RkQ4Elgvrs&feature=youtu.be, at approximately

26 2:46 15 Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in

27 Correctional and Detention Facilities, Center for Disease Control, March 23, 2020, page

28 2 16 Interim Guidance CDC, page 5

DECLARATION OF ELDON VAIL

6

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 9 of 46 Page ID #:745

1

cognitive or intellectual disabilities and those who are deaf, blind, or low-

vision.17

2

3

o Provide clear information to incarcerated/detained persons about the

4

presence of COVID-19 cases within the facility, and the need to increase social distancing and maintain hygiene precautions.

5

6

o Consider having healthcare staff perform regular rounds to answer

7

questions about COVID-19.18

8 The emphasis on clear communication with the prisoner population is strong and clear in

9 the guidance offered by the CDC.

10

16. The Los Angeles Department of Public Health offers similar guidance. In a

11 publication titled Guidance for Correctional and Detention Facilities dated April 9, 2020,

12 they say:

13

• Routinely communicate updates to incarcerated/detained persons.

14

• Communicate actions being taken to prevent the spread of COVID-19

15

within the facility

16

• Provide opportunities for incarcerated/detained persons to share insights on

17

the consequences of COVID-19 related policies. Effectively communicate

important updates that impact incarcerated/detained persons19

18

19

17. The declarations of the named plaintiffs reveal that no real attempt to

20 educate the prisoners in LA jails about the risk of the virus and the status of the virus in

21 the jails is being communicated. Prisoners remain fearful as a result and clearly seek to

22 hear more from the jail officials. Some examples in the prisoners’ own words:

23

I received no useful information about how to protect myself from COVID-19

24

25 17 Ibid, page 6 26 18 Ibid, page 22
19 Los Angeles County Department of Public Health, Guidance for Correctional and 27 Detention Facilities (English), April 9, 2020, page 3, available at
28 http://publichealth.lacounty.gov/media/coronavirus/docs/facilities/GuidanceCorrectional DetentionFacilities.pdf.

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1

from the deputies.20

2

No one in the jail has given me any advice or information about the virus, not

3

even medical staff. There are no signs posted. I have not been handed a flyer or any written materials about the virus. On Tuesday, April 7, I talked to nurse

4

practitioner or physician’s assistant. I asked her about the coronavirus and she told me the jail was the safest place for me to be.21

5 Despite my known respiratory illnesses, MCJ staff, deputies, and medical

6

personnel have not taken any special precautions to prevent the spread of COVID-

19 to me. Instead, they moved me to general population where my risk of

7

exposure, severe illness, and death is all but near certain without providing me with any information about COVID-19 or how to prevent its spread.22

8

9

18. Some prisoner declarations make reference to a COVID video. One

10 prisoner housed at the North County facility says:

11

I do not know have much information about coronavirus because the jail has not

12

been telling us much anything. Every day or so, the jail plays recorded video that mentions coronavirus and says there are no positive cases in the facility. It is the

13

same recorded video they keep playing.23

14

19. A second prisoner referencing a video is housed at the Century Regional

15 jail. She said:

16

There are three videos that jail staff have played in our module about COVID-19.

From my cell I cannot see or hear them very well. The only things I have learned

17

from them is to cough into my elbow and how to wash my hands. I do not know if

I should be eating food from the commissary, how often to clean my room, or

18

what to eat from the kitchen.24

19

20. It appears such a video is not being shown consistently in all of the LA jails

20 or living units. Another prisoner, also housed at the Century Regional facility said:

21

I still have not seen any videos. The television is turned on once in a while, but

22

they do not turn it on loud enough for me to hear it from my cell.25

23

21. At best, a COVID related video might be offered at some LA jails or in

24

25 20 Declaration of Catrina Baldarrama, # 3
26 21 Declaration of Rodney Cullors, # 7 22 Declaration of Albert Kirk Jones, # 18
27 23 Declaration of Leandrew Lewis, # 10
28 24 Declaration of Holly Davidson, # 12 25 Declaration of Jessica Haviland, # 22

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1 some living units at some times. This does not substitute for the more robust

2 recommendation of the CDC referenced above to provide for “signage”, “clear

3 information” or having health cares staff available to answer questions. Nor does the

4 inconsistent offering of a video in the LA jails comply with the guidance offered by the

5 Department of Public Health to “routinely communicate updates” to the prisoner

6 population. These updates must effectively communicate information that impact

7 incarcerated/detained persons, including possible exposure to a medical staff, deputy, or

8 another incarcerated person who has tested positive for COVID-19. The LASD must do

9 more to educate the prisoners in their custody. Providing accurate, timely and regular

10 communication to the prisoners is fundamental in the midst of the COVID crisis.

11 Medical Co-pays Should Be Eliminated

12

22. At least one prisoner’s declaration expresses concern about co-pays for

13 medical treatment.26 Both the CDC and the LADPH suggest eliminating medical co-pays

14 during the pandemic.27 The concern is that prisoners might not seek medical attention

15 when feeling ill, which would place them and other prisoners as well as the staff at risk

16 of contracting the virus if it is not discovered. As the CDC says:

17

Incarcerated persons may hesitate to report symptoms of COVID-19 or seek medical care due to co-pay requirements and fear of isolation.28

18

19 Facility Cleaning and Personal Hygiene Needs to Improve

20

23. The CDC goes into great detail in their guidance regarding cleaning the

21 facilities and providing for the personal hygiene of those incarcerated. Regarding

22 cleaning the facility, the CDC says in part:

23

• Even if COVID-19 cases have not yet been identified inside the facility or

24

in the surrounding community, begin implementing intensified cleaning

and disinfecting procedures according to the recommendations below.

25

These measures may prevent spread of COVID-19 if introduced.

26

27 26 Declaration of Jessica Haviland, # 14 28 27 LADPH Guidance, page 12
28 CDC Guidance, page 2

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1

• Adhere to CDC recommendations for cleaning and disinfection during the

COVID-19 response. Monitor these recommendations for updates.

2

3

• Several times per day, clean and disinfect surfaces and objects that are

4

frequently touched, especially in common areas. Such surfaces may include

objects/surfaces not ordinarily cleaned daily (e.g., doorknobs, light

5

switches, sink handles, countertops, toilets, toilet handles, recreation

6

equipment, kiosks, and telephones).

7

8

• Use household cleaners and EPA-registered disinfectants effective against the virus that causes COVID-19 as appropriate for the surface, following

9

label instructions. This may require lifting restrictions on undiluted

10

disinfectants.

11

• Labels contain instructions for safe and effective use of the cleaning

12

product, including precautions that should be taken when applying the

13

product, such as wearing gloves and making sure there is good ventilation

during use.

14

15

• Consider increasing the number of staff and/or incarcerated/detained

16

persons trained and responsible for cleaning common areas to ensure

continual cleaning of these areas throughout the day.29

17

18

24. The LA Department of Public Health offers similar Best Practices for

19 Sanitation and Housekeeping:

20

• Routinely and effectively clean and disinfect all frequently touched surfaces

and objects, such as doorknobs, railings, countertops, faucet handles,

21

phones, and especially areas visited by cases.

22

• Consider increasing the number of staff and incarcerated/detained

23

persons trained and responsible for cleaning common areas to ensure

24

continual cleaning of these areas throughout the day.

25

• Environmental cleaning should be done with EPA-registered healthcare

26

disinfectant consistent with recommended wet contact time. Reference: California Department of Public Health AFL for Environmental Infection

27

Control for the Coronavirus Disease 2019 (COVID-19) (02/19/20)

28 29 CDC Guidance, page 9

DECLARATION OF ELDON VAIL

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1

• If an EPA-registered disinfectant is not available, use a chlorine bleach

solution (approximately 4 teaspoons of bleach in 1 quart of water or 5

2

tablespoons (1/3 cup) bleach per gallon of water). Prepare the bleach

3

solution daily or as needed. Alcohol-based disinfectants may be used if >

70% alcohol with contact time per label instructions.30

4

5

25. It is very clear from the prisoner declarations that no such protocols are in

6 place in the LA Jails, putting the population at greater risk of contracting the disease.

7

26. Prisoners housed at the Central Regional facility have said:

8

I am an inmate worker in my module. My job is to clean the module, which I do

9

every day. When the inmate workers clean the module, they give us gloves but no masks. The cleaning solution they give us has a label that says “Citracide”.31

10

When we were allowed to access the dayroom, we had a schedule for who would

11

clean the showers, and they were cleaned every day. Now, there is no set assignment for cleaning the showers. I did see one inmate volunteer one day to

12

clean the showers at night, but there does not seem to be any policy or plan for cleaning the showers.32

13

When I am cleaning for my inmate worker duties, I wipe the phones down

14

approximately three times per day. But we all use the same phones throughout the day, and they are not wiped between each use. I have seen people cough on the

15

phones.33

16 Another prisoner at the same facility reported similar concerns:

17

There do not seem to be any consistent rules about cleaning. The phone is not

wiped down between users. I have seen other people in my dorm put a sock over

18

the phone in order to use it. 34

19

We do have access to the showers every day, but there is not any official cleaning

20

schedule of the showers. Inmates just have to clean the showers themselves.35

21 Yet another prisoner at this facility also described the lack of cleaning and lack of

cleaning supplies:

22

When I first arrived, my cell in this module was disgusting. We were put on

23

lockdown for almost three days when we were first moved to this cell without any

cleaning supplies. We were only given a very small piece of soap. I had to use a

24

25 30 LADPH Guidance, page 11
26 31 Declaration of Carole Dunham, # 5 32 Ibid # 10
27 33 Ibid # 12
28 34 Declaration of Rany Uong, #8 35 Ibid # 9

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1

dirty sock and this small piece of soap to clean the cell, including what looked like feces on the wall near the bunk beds. 36

2

I watch the trustees who clean the day room and they spray Citracide on a rag and

3

then use the same rag to wipe down the table tops and the phones. They do not wipe down the kiosks, sinks in the day room, vending machines, shower handles,

4

or stairway railings. These are all surfaces that everyone touches on a daily basis.37

5

27. A prisoner at the North County facility reports:

6

I have also seen people coughing while they use the shared phones. There are a

total of six phones in the dorm, and we all share them to call our families or call

7

our attorneys. In my entire time here, I only once saw someone come in to clean

the phones. The phones are not wiped clean in between different people using

8

them, and I am worried we could get infected from them.38

9

The fifty or so of us in the dorm share only two showers between all of us. An

inmate is assigned to clean that shower once a day, but there is no cleaning in

10

between different people using it. On any day, twenty or thirty people regularly use a shower before it’s cleaned. The shower is very dirty.39

11

12 Another prisoner who was held at the same facility reported:

13

A few inmates in the dorm were in charge of assigning jobs among us, and the job

I was assigned was cleaning showers. It was the dirtiest job and I didn’t want to

14

do it, but I couldn’t get out of it. I wasn’t really able to clean that well though.

There was a bucket of liquid cleaning solution and I tried to use that. I wore a

15

shower-cleaning shoe and used it to try to scrub the shower and pick up hair, filth,

trash, and whatever else was in the shower. I cleaned the showers twice a day, but

16

people used it in many times in between cleanings.

17

Some other inmates were in charge of cleaning shared surfaces, like the tables, the

floors, sometimes the railings. Those chores were assigned each week, and

18

whether surfaces got cleaned really depended on who was cleaning that week.

Inmates used the same wet towels for all of this cleaning, along with the bucket of

19

cleaning solution. But the surfaces were usually cleaned at most once a day, and

we all touched these common surfaces in between cleanings.

20 I tried to wipe down the phones before using them, but they were not regularly

21

cleaned. I have seen people cough on the phones and spit while talking on the

phones. One time the phone was wet with tears when I picked it up because the

22

person who made a phone call before me was crying.40

23

28. These prisoners are precisely correct in identifying the problem cleaning

24

problems in the jails. These concerns are consistent with CDC and LADPH

25
26 36 Declaration of Jessica Haviland, # 2 37 Ibid #18
27 38 Declaration of Jeremiah Farmer, # 8 28 39 Ibid, # 11
40 Declaration of Andrew Fuentes, # 13, # 14, # 15.

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1

guidelines that call for frequent, continual cleaning several times a day of all

2

common touch surfaces. Failure to do so increases the risk of contracting the virus

3

in the LA jails.”

4

29. Another prisoner, housed in the Men’s Central facility medical unit says:

5

Since I have been in the medical unit, I have seen only one thorough cleaning of

my cell. Two times a week, trustees from a different dorm will come into my cell

6

and sweep or throw out the trash. I do not observe them using any cleaning

products when they clean the cell.41

7

I shower three times a week. The showers are shared with the entire module. I

8

have never observed anyone cleaning the shared showers. In fact, when I shower,

I am told to clean the shower myself, take out my trash, and wipe down the area

9

that I used. I have never been provided any special cleaning supplies to do this.42

10 Another prisoner, who was moved to a new cell at Men’s Central, reported:

11

When I was in Men’s Central, I was never given any cleaning solution or cleaning

supplies for my cell, even the cells that I shared or where other people had been

12

detained right before. When I was in the first cell that I shared, the one where

someone from the street had been right before me, I asked the guards for cleaning

13

solution so I could clean my floor and bunk. I asked multiple times, but they

never gave me anything to clean my cell. While at Men’s Central, I was never

14

able to clean my cell or the shared areas.43

15

When I first arrived in that new cell, the jail never gave me a clean bed sheet.

Instead, I had to sleep on the previous person’s bed sheet. My cell mate told me

16

that previous person who used the cell and used those sheets had come fresh off

the street and was coughing and sick too.44

17

18

30. Another prisoner, also housed at the Men’s Central jail says:

19

Once a week, I’m allowed to use an ADA-compliant shower outside my cell.

Even if I’m less likely to get injured there, the shower is extremely dirty. It’s a

20

shared shower, and as far as I know, it doesn’t get cleaned between different

people using it. I’d be surprised if it ever gets cleaned. Also, the exhaust in the

21

shower is clogged, so it feels like the air and steam never circulate out of there.

I’m scared that someone infected might use the shower, and I could get sick from

22

that too. The shower is full of mold and filth. The last time I showered was in the

ADA-compliant shower last week, but I think I might stop doing that from now on

23

in order to protect myself from getting infected while in there.45

24

We are able to use a shared dayroom, but it’s very small, probably 10 by 14 feet

or 12 by 18 feet. There’s typically around twelve people crammed into that tiny

25

26 41 Declaration of DeNeal Young, # 9 42 Ibid, # 11
27 43 Declaration of Andrew Fuentes, # 25

28 44 Ibid, # 22 45 Declaration of Rodney Cullors, # 6

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1

space, and it looks like it’s never cleaned. I often see spit on the walls or surfaces, sometimes wet or sometimes dry and crystalized.46

2

31. The CDC says to provide no cost soap to prisoners during the crisis, liquid

3 if possible.47 The guidance from the LA Department of Public Health says the same,

4 “Provide soap at no cost. Make liquid soap available where possible”.48 Access to soap

5 is different within the LA jails but in each facility it is inadequate. There appears to be

6 no access to liquid soap and no-cost soap is not consistently provided.

7

32. Access to soap at the Men’s Central Jail is described by the prisoners as

8 follows:

9

Each person is provided a free soap once when they enter, but I have used mine up already. I typically buy one through the commissary about once a week.49

10 There is no way for me to keep clean here in the jail. I don’t have hand sanitizer,

11

and I haven’t had soap in weeks. The jail gives me no soap in my cell, so I can’t

wash my hands or my body. Inmates can purchase soap, but it’s expensive and

12

my commissary account is empty… I have access to a shower in my cell, but it is not accessible, and I don’t even have soap.50

13 Each person is provided one free tiny bar of soap and a single roll of toilet paper

14

once a week. I use up my free bar of soap in a couple of days because I know it is

important to wash my hands often to avoid catching the virus. I have had to buy

15

soap from commissary after that, which has been a financial hardship for me.51

16

33. One prisoner at the Century Regional facility described her experience with

17 soap when placed in an isolation cell. She said:

18

I also was not given the opportunity to shower or leave my cell. I was not given

soap, toilet paper, nor sanitary napkins.52

19

20 This prisoner was not sure at first why she was put in isolation. No one told her. She

21 describes what she was told when she asked why she was in isolation.

22

The same deputy locked me in module 1600, pod 2, cell 16. The cell is a single

23

person cell that is in a disgusting condition. I have never experienced anything like this in my life. There was no toilet paper or soap and there was old food under

24 46 Ibid, # 11 25 47 CDC Guidance, page 10
26 48 LADPH Guidance, page 6 49 Declaration of Benito Venegas, # 11
27 50 Declaration of Rodney Cullors, #’s 5 & 6
28 51 Declaration of Mark Avila, # 15 52 Declaration of Catrina Balderrama, # 12

DECLARATION OF ELDON VAIL

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1

the bed and on the walls. She told me my release papers had come through and I was going home. When I got excited about this, she said “April Fools”. She then

2

proceeded to tell me “see you later in hell when you die.” The other deputies that were outside of my cell with her laughed when she said this.53

3 Several days later this person was tested positive and confirmed to be positive for the

4 COVID virus.

5

34. Another prisoner at Century says she is given a half bar of soap each day

6 for free54, and another says the soap dispenser in her day room has been empty the entire

7 time she has been there.55 A prisoner at the Twin Towers Correctional Facility also said

8 he regularly runs out of his provision of soap:

9

The other inmates and I are given one very small bar of soap and one roll of toilet

paper every week. We run out of the soap very quickly, usually within 3 or 4

10

days, because we use the soap to wash our hands, our bodies, and our clothes.56

24.

11 Since we do not get clean laundry very often, we are forced to wash our own

12

clothes with the one small bar of soap we get every week. It makes the soap run

out really fast. When I run out of soap, I have to buy some from Commissary.

13

The only way you can make a purchase from Commissary is if you have money

on your books. Some guys don’t have any money on their books, so they cannot

14

buy more soap even though we all need it. 57

15

35. At the North County facility access to soap is described as follows:

16

We are given a small bar of soap, like the kind you see in a motel. The soap is

labeled “Freshscent Deodorant Soap” and I don’t think it’s anti-bacterial. The

17

soap is replaced once a week or so, and sometimes I run out of mine before it’s

replaced. When that happens, I have to go without soap or ask others to borrow

18

theirs.58

19

36. Access to such an important item as soap in the LA jails is not adequate to

20 meet the guidance of the CDC or the LADPH. The practice is at least inconsistent

21 between facilities and maybe between living unit in the same facility. He LA Jails must

22 provide soap at no cost in their jails.

23

37. The LA jails are also not providing access to paper towels, contrary to CDC

24

25 53 Ibid, # 11
26 54 Declaration of Holly Davidson, # 13 55 Declaration of Carole Dunham, # 9
27 56 Declaration of Victor Gutierrez, # 5.
28 57 Ibid, # 24 58 Declaration of Jeremiah Farmer, # 9

DECLARATION OF ELDON VAIL

15

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1 and LADPH guidance that call for no-cost access.59 This is verified in five different

2 prisoner declarations.60

3 Hand Sanitizer Should Be Provided

4

38. There is also no access to alcohol hand sanitizer by the prisoners in the LA

5 jails, even though deputies do have such access. This is confirmed in ten of the

6 prisoners’ declarations.61

7

39. The CDC is cautious in their recommendation about alcohol based hand

8 sanitizer. They say:

9

Consider relaxing restrictions on allowing alcohol-based hand sanitizer in

10

the secure setting where security concerns allow.62

11 The CDC recommendation is deferential to correctional authorities as alcohol based

12 hand sanitizer may be consumed by prisoners and/or used to start fires as it is

13 combustible. I have a different opinion, based on my own experience, and believe it

14 should be allowed.

15

40. When I was the Deputy Secretary of the Washington Department of

16 Corrections (DOC) during a flu epidemic at one of my 2,000 plus bed facilities, I

17 authorized the temporary use of alcohol-based hand sanitizer without problem. We had

18 nearly 1,000 prisoners infected with the flu and we took several steps to fight the

19 epidemic. I recall two things that we did to get on top of the situation. One, we added

20 inmate janitors, gave them the appropriate protective gear, and had them continuously

21 cleaning common surfaces with disinfectant or bleach. Two, we temporarily suspended

22 our prohibition about allowing prisoners to have access to alcohol based hand sanitizer.

23 Use of hand sanitizer appears to be a cornerstone of addressing the virus, and this rule

24 59 CDC Guidance, page 10 & LADPG Guidance, page 6 25 60 Declaration of DeNeal Young, # 13; Carole Dunham, # 9; Jessica Haviland, # 16;
26 Rodney Cullors, # 4; Rany Uong, #12. 61 Declaration of Benito Venegas, # 8, 9; DeNeal Young, # 16; Mark Avila, #11; Albert
27 Kirk Jones, # 12; Carole Dunham, # 9; Holly Davidson, # 13; Jeremiah Farmer, # 10;
28 Jessica Haviland, # 16; Rodney Cullors, # 4; Rany Uong #12. 62 CDC Guidance, page 8

DECLARATION OF ELDON VAIL

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1 should be suspended. While there is some risk associated with the misuse of alcohol-

2 based hand sanitizer being abused by some prisoners with substance abuse problems,

3 that risk pales in comparison to the benefit for a much larger number of prisoners. This

4 moment is about balancing risks, and the overriding consideration is protecting the

5 prisoners from the threat of this lethal virus by providing them with access to alcohol

6 based hand sanitizer.

7

41. The Washington State DOC has taken this step again in the face of this

8 pandemic and is allowing access for some prisoners to alcohol based hand sanitizer in

9 the face of the COVID crisis, related to their job duties.63 On April 18, 2020 Washington

10 authorities published a memo explaining the availability of alcohol based hand sanitizer

11 to all of their incarcerated population.64

12

42. And this past week a Federal judge in the State of Texas (a case in which I

13 was involved) moved to require access to alcohol based hand sanitizer in one facility.65

14 Social Distancing Efforts Must Improve

15

43. Social distancing guidelines are difficult, if not sometimes impossible, to

16 completely achieve in prisons or jails. Still these guidelines should be given attention

17 and correctional authorities need to work to achieve them, or get close to achieving them

18 whenever and wherever they can.

19

44. The fourth quarter 2019 report from LASD says the jail system's capacity

20 was last rated in August 2018, and the rated capacity then was 12,404.66 As of April 20,

21 2020, the VERA Institute of Justice says the jail population was 12,269.67 The LASD

22

23 63 Respondents’ Report on the Department of Corrections’ COVID-19 Response, Colvin

24

v. Inslee, No. 98317-8filed 4/13/20 in the Washington State Supreme Court, page 30 64https://doc.wa.gov/news/2020/docs/2020-0418-incarcerated-individuals-memo-

25 appropriate-use-of-hand-sanitizer.pdf

26 65 Preliminary Injunction Order, Civil Action No. 4:20-CV-1115, United States District Court Southern District of Texas, Houston Division, April 16, 2020, page 2
27 66https://lasd.org/transparency%20data/custody%20reports/Custody%20Division%20Pop

28 ulation%202019%20Fourth%20Quarter%20Report.pdf 67 https://www.vera.org/projects/covid-19-criminal-justice-responses/covid-19-data

DECLARATION OF ELDON VAIL

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1 website says the population on April 22, 2020 was 12,131.68 This is down from a

2 population of over 17,000. This writer applauds the efforts of county officials to reduce

3 the prisoner population. But, according to the Inspector General for the Los Angeles

4 Sheriff’s Department, commenting about a single dorm in one jail, he says he believes

5 that more prisoners can be released.69 The Inspector General’s comments should be

6 pursued as the fewer people in the jail, the fewer the people put at risk.

7

45. But getting the jail population down to about 12,000, as good as it sounds,

8 only means the jail is closer to its rated capacity. In 2019, when the jail population was

9 about 17,000, it was reported that the jails were overcrowded by over 4,000 prisoners.70

10 What that means is that the jail is now closer to its rated capacity. I am very confident in

11 saying that the rated capacity of any jail or prison does not account for the requirements

12 of COVID-19 social distancing or the staffing needs required to effectively maintain a

13 facility on the brink of an infectious disease outbreak. Defendants are experiencing

14 significant staff shortages due to quarantining of employees and medical staff. The

15 precipitous decline in the staff who are available to work drastically reduces the

16 operational capacity of the jail and creates challenges in handling the 12,000+ prisoner

17 population. As of April 22, 2020, there were 364 LASD employees quarantined and 58

18 LASD employees who tested positive.71 These numbers have risen sharply in the last

19 month alone. On March 17, 2020, there were 43 employees who are self-quarantined; 21

20 of them were believed to have been exposed on-duty. Persistent and ongoing staff

21 shortages will minimize the jail’s operational capacity and deplete the jail’s resources to

22 contain a pandemic. The staff shortages also pose dire challenges in monitoring a

23 growing number of inmates in quarantine or in isolation. As of April 22, 2020, 1585

24 / / /

25
26 68 https://lasd.org/covid19updates/ 69http://file.lacounty.gov/SDSInter/bos/commissionpublications/agenda/1071395_April16
27 _2020MeetingAudio.pdf#search=%22*%22, at approximately minute 23 28 70 http://www.laalmanac.com/crime/cr25b.php
71 https://lasd.org/covid19updates/#custody

DECLARATION OF ELDON VAIL

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1 inmates are in quarantine and 65 inmates are isolated.72 As such, neither the rated

2 capacity nor the operational capacity of the Los Angeles County jail systems account for

3 the unprecedented public health challenge of COVID-19.

4

46. Continuing efforts to reduce the jail population is paramount. The VERA

5 Institute of Justice, in a recent publication, lists several opportunities for the county to

6 take actions to reduce their jail population.73 County authorities would be wise to study

7 and act on any of their recommendations that have not already been pursued.

8 The VERA recently said:

9

People are safer outside of jails—facilities in which close quarters and poor

sanitation conditions spell disaster during a pandemic.

10

Although some jurisdictions have taken steps to actively reduce incarceration,

11

more must urgently be done.74

12

47. In the meantime, the inability of the LA jails to achieve social distancing is

13 made clear in the declarations of the prisoners.

14

48. At the North County and the Men’s Central jails, some prisoners are forced

15 to sleep in triple bunks75, a rare practice I have only witnessed in California state prisons

16 during their period of their worst overcrowding. On its face, in my opinion triple

17 bunking represents an overcrowded condition.

18

49. One prisoner also reported being forced to sleep in bunk beds in dorm

19 settings at the Twin Towers Correctional Facility:

20

I am currently housed in a pod with other trustees and disabled inmates that need

ADA accommodations. In my pod, there are 8 trustees and 8 ADA inmates. We

21

all sleep in the same dorm-type setting. In our pod, there are bunk beds for the

trustees. The person on the top bunk sleeps only 5 feet above the person on the

22

bottom bunk. The bunk beds are only 2 ½ or 3 feet apart from each other. Our

beds are so close together, in fact, I can sometimes feel the breath of the trustee

23

sleeping in the lower bunk next to my bunk as I sleep.76

24 This same prisoner describes what happens during a meal in his housing unit.

25
26 72 Id. 73 https://www.vera.org/downloads/publications/coronavirus-guidance-los-angeles.pdf
27 74 https://www.vera.org/projects/covid-19-criminal-justice-responses/covid-19-data 28 75 Declaration of Benito Venegas, # 4; Jeremiah Farmer, #6
76 Declaration of Victor Gutierrez, # 13

DECLARATION OF ELDON VAIL

19

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 22 of 46 Page ID #:758

1

All of the men in my pod eat our meals together at one long table. We are usually

so close, we end up bumping elbows.77

2

3

50. The CDC says:

4

Rearrange seating in the dining hall so that there is more space between

5

individuals (e.g., remove every other chair and use only one side of the table.78

6

51. Describing a different condition, the same prisoner describes being detained

7 right next to a dayroom where beds were crowded close to each other:

8

There are 20-30 people in the dayroom outside of my cell. The cells open onto the

dayroom with just a glass door. Although I am housed in the cell, there are twenty

9

people just outside the door to my cell, and I have to walk very closely past those

people whenever I need to go anywhere. It is not possible to stay 6 feet away from

10

the people outside my door. Their beds are spaced very closely together,

approximately 1.5 feet apart.79

11

12

52. A woman from the Central Regional facility reported similar conditions:

13

My cell door opens up onto the dayroom. There are 15 women who sleep in the

day room. Instead of spreading out the bunks in the day room, they are all

14

crowded together. Each bunk has three beds, known as coffin bunks. When I open

my cell door, it hits one of the bunks where three women sleep, which is to the

15

right of my cell. To the right of that set of bunks is another set of bunks that are

only approximately three inches away. Women in the day room are sleeping like

16

this, only three inches away from each other.80

17 Her suggestion that the bunks be spread out across the dayroom so that other prisoners

18 do not have to sleep so close together would improve social distances, at least in that

19 specific unit. LA jail authorities should consider this suggestion and search for other

20 opportunities to spread the prisoners’ bunks out in all their living units and all of their

21 jails.

22

53. In my home state of Washington, “Department staff repurposed various

23 areas within the facility, including a classroom and extended family visit units, to spread

24 the population out”.81 It is an excellent suggestion to review all available space and

25
26 77 Ibid, # 14 78 CDC Guidance, page 11
27 79 Declaration of Victor Gutierrez, # 13 28 80 Declaration of Jessica Haviland, # 3
81 Respondents’ Report on the Department of Corrections’ COVID-19 Response, Colvin

DECLARATION OF ELDON VAIL

20

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 23 of 46 Page ID #:759

1 repurpose it, in order to reduce the risk of harm to prisoners in the LA jails. The current

2 state of the pandemic requires it. I have seen no indication that the LA Sheriff’s

3 Department has undertaken such an assessment.

4

54. Another extremely risky practice currently in place in the LA jails regards

5 court appearance procedures. One prisoner reporting on his experience said:

6

I was taken to court on March 26 or 27 for a probation hearing. I was transported

on the sheriff’s bus along with several other inmates, maybe dozens. None of us

7

had masks, and the person I was cuffed and chained to was coughing a lot. He

was sitting next to me on the same seat coughing, and we were chained together

8

unable to keep apart. Others were coughing too, and then people were saying that the people coughing had coronavirus.82

9

10 Another prisoner taken to court twice reported similar conditions:

11

I went to court on March 24 and April 7. Both times that I went to court,

everyone going to court that day was first put in a crowded hallway. There were

12

30 or so of us there in that hallway, from different dorms and different parts of the

jail. The hallway was probably 10 feet long and no more than four steps

13

sideways. It wasn’t big at all, and all of us were stuffed in there without any

masks or way to protect ourselves. People were coughing and sneezing. After

14

making us line up, the guards handcuffed us and put all of us on the bus. On the

bus, I had to share a seat with someone else and was chained to him. No one on

15

the bus had masks. The jail didn’t check temperatures or perform any other

medical screening either before or after we went to court. Instead, when we got

16

back, we were put back in the dorm after being exposed to all those people.83

17

55. In a lengthy description submitted in his declaration of April 17, 2020,

18 another prisoner describes his court experience in great detail:

19

On April 8th, I went to court for a court appearance. Because I was afraid of

COVID-19 spread and because the guards had not given us any protection, I

20

created my own mask out of a torn t-shirt that I tied around my head. At 6am, I

was escorted by deputies down my tier to the bus area. I waited in the “court line”,

21

shackled to other prisoners, to get on a sheriff’s bus. Throughout the day, I was

passed through the custody of multiple deputies. I came in close contact with

22

several deputies at Men’s Central who walked me from my cell to the court line,

processed me on the court line, shackled me to other prisoners on the court line,

23

and loaded me on the bus. I observed other prisoners on bus coughing and many

of did not have masks. I then came in close contact with deputies at the courthouse

24

itself, including those who placed me in the “court tank” (a room where I waited

to be seen by the judge) and who escorted me from my court tank to my

25

courtroom. The bailiff in the courtroom also came in close proximity to me when I

was seen by the judge. At the courthouse, I passed through multiple holding tanks

26

where there were easily 20-30 people standing in a single small room. The holding

27 v. Inslee, No. 98317-8filed 4/13/20 in the Washington State Supreme Court, page 35 28 82 Declaration of Jeffrey Livotto, # 15
83 Declaration of Andrew Fuentes, # 10

DECLARATION OF ELDON VAIL

21

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 24 of 46 Page ID #:760

1

tanks are filthy and we were not provided disinfectant supplies to help us wipe down any surfaces we touch. When I returned to MCJ, I was forced into a single

2

“stand-up cage” with 10-12 other people, where we were to wait for our unit officers to pick us up and bring us back to our modules. The individual “stand-up

3

cages” are separated by perforated metal and adjacent to each other so that you’re standing less than six feet away from the person in the next cage. We were not

4

seen by a nurse or a doctor on our way back from court. My temperature was not taken at any point before getting on the bus in the morning. My temperature was

5

not taken at any point on my way back from court. I was not asked about symptoms of COVID-19 at any part of the process from here and back. As far as I

6

could tell, there was no effort to keep prisoners 6 feet distance from each other. We were also not provided masks or other face coverings to prevent the spread of

7

COVID-19.84

8

56. Another prisoner describes her experience:

9

On April 1, 2020, I had a court date. While I was at court, they put me in a cell

with six other women who were in street clothes, who had just been arrested. Two

10

of those women were coughing a lot. I never saw those women receive a mask,

get their temperature checked, or a test for COVID-19. When I returned back to

11

CRDF that day, I was not given a test for COVID-19 or even a temperature check.85

12

13

57. And yet another prisoner tells us of her experience:

14

On March 16, 2020, I was transported to court for a hearing at the Clara

Shortridge Foltz Criminal Justice Center in Downtown Los Angeles. When I was

15

transported back to CRDF, I was placed in a holding tank in order for the deputies

16

to process us back to our modules. In that holding tank, there was an older woman

dressed in brown colored jail clothing, which I know signifies a hospital housing

17

designation. That woman was coughing a lot and having trouble breathing. There

18

were 15 of us in the holding tank at that time and not enough room to

appropriately social distance from this woman. I was in there for about 35 minutes

19

before I was taken back to my housing in module 3700. My temperature was not

20

taken that day in response to this incident and I was not given a mask.86

21

58. And finally, one prisoner describes his experience getting medical care

22 and the lack of attention to social distancing.

23

I’m also forced into close contact with others whenever I need medical care. Last

week, I was transported from the jail in a van with other wheelchair-confined

24

inmates because I needed an MRI. There were three of us in total chained to the

wheelchair van, all on our way to medical care. All of us were over 50. None of

25

the other men had masks, and some were coughing. I tried to stretch my shirt over

26

27 84 Declaration of Mark Avila, # 20 28 85 Declaration of Jessica Haviland, # 8
86 Declaration of Catrina Balderrama, # 4

DECLARATION OF ELDON VAIL

22

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 25 of 46 Page ID #:761

1

my face to protect myself.87

2

59. Another place where moving towards complying with social distance

3 guidelines has to do with prisoners waiting in lines. One prisoner said:

4

Other than the one hour per day we leave our cell, we also leave to pick up our

5

meals. The food is laid out in the day room and women who are incarcerated here serve food to us as we walk down the line holding our trays. The women serving

6

the food are not wearing masks or gloves. There is no protocol to keep people six feet apart in these lines for food.88

7

60. Max Huntsman is the Inspector General for the LA County Sheriff’s office.

8 At a recent meeting of the Sheriff’s Oversight Commission he characterized the court

9 transport situation at the LA jails when he said, “Trips back and forth (to court) are very

10 bad.”89 From the description of the prisoners of their experiences during transports, I

11 agree with Mr. Huntsman’s assessment.

12

61. The LA County Sheriff said in a press conference on April 14, 2020 that he

13 had reduced mass transports to the court from about 1,200 to 1,500 to 480.90 This is

14 excellent progress but more needs to be done. When such mass transportation is

15 unavoidable, prisoners should be given appropriate protective equipment and then be

16 provided appropriate medical attention if they come into contact with others who appear

17 to be sick.

18

62. And finally, one prisoner describes his experience getting medical care and

19 the lack of attention to social distancing.

20

I’m also forced into close contact with others whenever I need medical care. Last

week, I was transported from the jail in a van with other wheelchair-confined

21

inmates because I needed an MRI. There were three of us in total chained to the

wheelchair van, all on our way to medical care. All of us were over 50. None of

22

the other men had masks, and some were coughing. I tried to stretch my shirt over my face to protect myself.91

23

24

63. Whether in court transports, receiving medical care or at intake into the jail,

25 87 Declaration of Rodney Cullors, # 15

26 88 Declaration of Jessica Haviland, # 6

27

89http://file.lacounty.gov/SDSInter/bos/commissionpublications/agenda/1071395_April16 _2020MeetingAudio.pdf#search=%22*%22, at approximately minute 35

28 90 https://lasd.org/sheriff-lasd-status-covid-19/ 91 Declaration of Rodney Cullors, # 15

DECLARATION OF ELDON VAIL

23

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 26 of 46 Page ID #:762

1 the deputies need to work toward social distancing for the prisoners in their care. In fact

2 for intake, the CDC recommends:

3

Perform pre-intake screening and temperature checks for all new entrants. Screening should take place in the sallyport, before beginning the intake

4

process, in order to identify and immediately place individuals with symptoms under medical isolation.92

5 And,

6

If possible, consider quarantining all new intakes for 14 days before they

7

enter the facility’s general population (SEPARATELY from other individuals who are quarantined due to contact with a COVID-19 case).93

8

9 If these practices are not already in place in the LA jails, they should be. Both will

10 reduce the risk to the confined population.

11

64. Prisoners have reported that they are placed in quarantine without efforts to

12 socially distance. Additionally, prisoners report that while in quarantine, corrections

13 officers will walk through the dorm to conduct head counts, and those same officers then

14 leave the quarantined dorm and move through other parts of the facility. In one example,

15 a prisoner reports inconsistent use of masks by the staff member moving through his

16 quarantined dorm to take the count.

17

The deputies also came into our quarantined dorm to do counts. Some of the

deputies pulled their masks below their mouths when they came into our dorm to

18

do the counts.94

19 In my opinion, this practice increases the risk of transmission throughout the facility.

20 Education Must Be Provided About the Use and Access to Masks

21

65. At the same meeting referenced above, Mr. Huntsman also described the

22 “insufficient” procedures for LA jail staff entering the facility to go to work. He said. “If

23 your goal is to protect people inside from getting COVID-19 we do not have an effective

24 system in place.” He goes on to describe insufficient medical staff at the jails before the

25 COVID-19 pandemic began and how taking temperatures upon entry to the facilities is

26

27 92 CDC Guidance, page 10 28 93 Ibid, page 14
94 Declaration of Jeffrey Livotto, # 4

DECLARATION OF ELDON VAIL

24

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 27 of 46 Page ID #:763

1 not always taking place.95 Failing to have a consistent procedure for people arriving at

2 the facility puts people, both staff and prisoners, at risk. It is also contrary to the CDC

3 guidance that describes the appropriate procedure for asking specific questions and

4 performing temperature checks for all persons arriving at the facility. The LA jails

5 should follow this procedure universally.

6 V. CONCLUSION AND RECOMMENDATIONS

7

66. One of the declarants in this case has already tested positive for the virus.

8 The other named plaintiffs have a variety of underlying conditions that can place them at

9 greater risk, should they contract the COVID virus. These include:

10

• Diabetes96 (3 prisoners)

11

• Asthma97 (4 prisoners)

12

• Epilepsy98

13

• Blood clots in legs, danger of heart attack, pulmonary embolism and

14

stroke99

15

• History of lymphoma, chemotherapy and cardiac arrest100

16

• Hypertension101 (2 prisoners)

17

• Respiratory illness102

18 • History of anemia, hepatitis, radiation and chemotherapy103

19

20 All of the prisoners who wrote declarations, including those without any known

21
22 95http://file.lacounty.gov/SDSInter/bos/commissionpublications/agenda/1071395_April16 _2020MeetingAudio.pdf#search=%22*%22, at approximately minute 45
23 96 Declaration of Carole Dunham, # 2; Leandrew Lewis, #2; Mark Avila, # 6 24 97 Declaration of Benito Venegas, # 3; Declaration of Jeffrey Livotto, #2; Declaration of
Mark Avila, #5 & #6, Declaration of Victor Gutierrez, #6 & #12. 25 98 Declaration of Benito Venegas, # 3 26 99 Declaration of DeNeal Young, # 4
100 Declaration of Holly Davidson, # 6 27 101 Declaration of Rodney Cullors, #2; Declaration of Victor Gutierrez, #9 & #10. 28 102 Declaration of Albert Kirk Jones, # 4
103 Declaration of Andrew Fuentes, # 2 (Mr. Fuentes has since been released.)

DECLARATION OF ELDON VAIL

25

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 28 of 46 Page ID #:764

1 underlying conditions, express their fear of the COVID virus living in the conditions of

2 the LA County jails. Their fears are credible, realistic and compelling given what they

3 have told us about how the jails are managing the risk. The jails must do more to reduce

4 the risk to the prisoners in their care, including adhering closely to the guidance provided

5 by the CDC and the LA County Department of Public Health.

6

66. To that end I recommend:

7

• Provide an orientation to all prisoners and on-going updates on how to

protect oneself from the virus as well as the status of infections within the

8

jails. Allow for opportunities to ask COVID-19 related questions of medical

9

staff

10

• Post educational COVID related signage

11

• Provide no cost access to hand soap and paper towels

12 • Eliminate medical co-pays for the duration of the pandemic
13

14

• Provide alcohol based hand sanitizer in locations where dispensers can be

regularly viewed by staff

15

• Develop a cleaning schedule that is frequent and on-going by hiring more

16

prisoner janitors and providing them with appropriate chemical and

17

protective equipment. Provide for continual, around the clock cleaning of

18

all commonly shared areas, especially the toilet areas in dormitory settings.

19

• Provide CDC approved cleaning supplies so that prisoners can clean their

20

cells and personal dormitory areas.

21

• Provide direction on how to use the recently issued masks, how to keep

them clean and how to get another when necessary 22

23

• Search for opportunities to expand bunk space for prisoners

24

• Seek to eliminate dangerous crowding for court transports or medical trips

25

• Survey the facility for places where prisoners historically stand in line and

26

expand those lines so that prisoners are 6 feet apart

27 28 / / /

• Follow CDC guidelines for all persons entering the jails

DECLARATION OF ELDON VAIL

26

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 29 of 46 Page ID #:765

1 • Increase the number of COVID-19 tests performed for the jail population

2

3

• Continue to make efforts to reduce the total jail population

4

5

I declare under penalty of perjury under the laws of the State of California and the

6 United States of America that the foregoing is true and correct. Executed this ~3R!) day

A, l? 7 CJ of April 2020, in u.., ~~,°'- 1 L~ J ealifomia.

.

8

9

10

11

ELDON VAIL

12

13

14

15

16

17

18
\
19

20

21

22

23

24

25

26

27

28

DECLARATION OF ELDON VAIL

27

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 30 of 46 Page ID #:766
Declaration of Eldon Vail
Exhibit 1

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 31 of 46 Page ID #:767

EXHIBIT 1

ELDON VAIL
1516 8th Ave SE
Olympia, WA. 98501
360-349-3033
Nodleliav@comcast.net

WORK HISTORY

Nearly 35 years working in and administering adult and juvenile institutions, and probation and parole programs, starting at the entry level and rising to Department Secretary. Served as Superintendent of 3 adult institutions, maximum to minimum security, male and female. Served as Secretary for the Washington State Department of Corrections (WADOC) from 2007 until 201l.

! Secretary

WADOC

! Deputy Secretary

WADOC

! Assistant Deputy Secretary WADOC

! Assistant Director for Prisons WADOC

! Superintendent

McNeil Island Corrections Center

! Superintendent

WA. Corrections Center for Women

! Correctional Program Manager WA. Corrections Center

! Superintendent

Cedar Creek Corrections Center

! Correctional Program Manager Cedar Creek Corrections Center

! Juvenile Parole Officer

Division of Juvenile Rehabilitation

! Correctional Unit Supervisor Cedar Creek Corrections Center

! Juvenile Institution Counselor Division of Juvenile Rehabilitation

2007-2011 1999-2006 1997-1999 1994-1997 1992-1994 1989-1992 1988 1987 1984-1987 1984 1979-1983 1974-1979

SKILLS AND ABILITIES
! Ability to analyze complex situations, synthesize the information and find practical solutions that are acceptable to all parties.

! A history of work experience that demonstrates how a balance of strong security and robust inmate programs best improves institution and community safety.

! Leadership of a prison system with very little class action litigation based on practical knowledge that constitutional conditions are best achieved through negotiation with all parties and not through litigation.

! Extensive experience as a witness, both in deposition and at trial.

! Experience working with multiple Governors, legislators from both political parties, criminal justice partners and constituent groups in the legislative and policymaking process.

1

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 32 of 46 Page ID #:768
! Skilled labor negotiator for over a decade. Served as chief negotiator with the Teamsters and the Washington Public Employees Association for Collective Bargaining Agreements. Chaired Labor Management meetings with Washington Federation of State Employees.
HIGHLIGHTS OF CAREER ACCOMPLISHMENTS
! Reduced violence in adult prisons in Washington by over 30% during my tenure as Secretary and Deputy Secretary even though the prison population became more violent and high risk during this same time period.
! Long term collaboration with the University of Washington focusing on improving treatment for the mentally ill in prison and the management of prisoners in and through solitary confinement.
! Implemented and administered an extensive array of evidence based and promising programs:
o Education, drug and alcohol, sex offender and cognitive treatment programs.
o Implemented sentencing alternatives via legislation and policy, reducing the prison populations of non-violent, low risk offenders, including the Drug Offender Sentencing Alternative and, as the Secretary, the Parenting Sentencing Alternative. http://www.doc.wa.gov/corrections/justice/sentencing/parentingalternative.htm
o Pioneered extensive family based programs resulting in reductions in use of force incidents and infractions, as well as improved reentry outcomes for program participants.
o Established Intensive Treatment Unit for mentally ill inmates with behavioral problems.
o Established step down programs for long-term segregation inmates resulting in significant reduction in program graduate returns to segregation.
! Initiated the Sustainable Prisons Project http://blogs.evergreen.edu/sustainableprisons/
! Improved efficiency in the agency by administrative consolidation, closing 3 high cost institutions and eliminating over 1,200 positions. Housed inmates safely at lowest possible custody levels, also resulting in reduced operating costs.
! Increased partnerships with non-profits, law enforcement and community members in support of agency goals and improved community safety.
2

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 33 of 46 Page ID #:769
! Successful settlement of the Jane Doe class action law suit, a PREA case regarding female prisoners in the state’s prisons for women.
! Resolved potential class action lawsuit regarding religious rights of Native Americans. https://www.seattletimes.com/opinion/a-precedent-for-native-americans-religiousfreedom-in-washington-prisons/
! Led the nation’s corrections directors to support fundamental change in the Interstate Compact as a result of the shooting of 4 police officers in Lakewood, WA.
! Dramatically improved media relations for the department by being aggressively open with journalists, challenging them to learn the difficult work performed by corrections professionals on a daily basis.
EDUCATION AND OTHER BACKGROUND INFORMATION
! Bachelor of Arts - The Evergreen State College, Washington – 1973
! Post graduate work in Public Administration - The Evergreen State College, Washington - 1980 and 1981
! National Institute of Corrections and Washington State Criminal Justice Training Commission - various corrections and leadership training courses
! Member of the American Correctional Association
! Associate member, Association of State Correctional Administrators (ASCA)
! Guest Speaker, Trainer and Author for the National Institute of Corrections (NIC)
! Instructor for Correctional Leadership Development for the National Institute of Corrections
! Author of Going Beyond Administrative Efficiency—The Budget Crisis in the State of Washington, published in Topics of Community Corrections by NIC, 2003
! Consultant for Correctional Leadership Competencies for the 21st Century, an NIC publication
! Consultant for Correctional Health Care Executive Curriculum Development, an NIC training program, 2012
! Commissioner, Washington State Criminal Justice Training Commission 20022006, 2008-2011
3

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 34 of 46 Page ID #:770
! Member, Washington State Sentencing Guidelines Commission 2007-2011 ! Advisory Panel Member, Correctional Technology—A User’s Guide ! Co-chair with King County Prosecutor Dan Satterberg, Examining the Tool Box:
A Review of Supervision of Dangerous Mentally Ill Offenders ! Guest lecturer on solitary confinement, University of Montana Law School in
2012 ! On retainer for Pioneer Human Services from July 2012 - July 2013 ! On retainer for BRK Management Services from September 2012 – April 2013 ! Guest Editorials, Seattle Times, February 22, 2014 and April 5th, 2019
http://www.seattletimes.com/opinion/guest-opinions-should-washington-stateabolish-the-death-penalty/ https://www.seattletimes.com/opinion/washington-state-is-ready-to-put-an-endto-the-death-penalty/
CURRENT ACTIVITIES ! Serve on the Board of Advisors for Huy, a non-profit supporting Native American
Prisoners ! Serve on the Board of Directors for HEAL for Reentry, a non-profit supporting
Native Americans’ transition to the community from prison ! Retained as an expert witness or correctional consultant in the following:
o Mitchell v. Cate No. 08-CV-1196 JAM EFB United States District Court, Eastern District of California, Declarations, March 4, May 15 and June 7, 2013 Deposed, July 9, 2013 Case settled, October 2014
o Ananachescu v. County of Clark No. 3:13-cv-05222-BHS United States District Court, Western District of Tacoma Case settled, February 2014
4

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 35 of 46 Page ID #:771
o Gifford v. State of Oregon No. 6:11-CV-06417-TC United States District Court, For the District of Oregon, Eugene Division, Expert report, March 29, 2013 Case settled, May 2013
o Parsons, et al v. Ryan No. CV 12-06010 PHX-NVW, United States District Court of Arizona Declarations and reports, November 8, 2013, January 31, February 24 and September 4, 2014 Deposed, February 28 and September 17, 2014 Case settled, October 2014
o Coleman, et al v. Brown, et al No. 2:90-cv-0520 LKK JMP, United States District Court, Eastern District of California, Declarations, March 14, May 29 and August 23, 2013; February 11, 2014 Deposed, March 19 and June 27, 2013 Testified, October 1, 2, 17 and 18, 2013
o Peoples v. Fischer No. 1:11-cv-02694-SAS, United States District Court, Southern District of New York Interim settlement agreement reached February 19, 2014 Case settled, March 2016 Continuing assignment monitoring for the Plaintiffs
o Dockery v. Hall No. 3:13-cv-326 TSL JMR, United States District Court for the Southern District of Mississippi, Jackson Division Reports, June 16, 2014, December 29, 2016; March 23, 2017; November 16, 2018 Deposed, April 7, 2017 Testified March 5-7, 2018
o C.B., et al v. Walnut Grove Correctional Authority, et al No. 3:10-cv-663 DPS-FKB, United States District Court for the Southern District of Mississippi, Jackson Division Memo to ACLU and Southern Poverty Law Center, March 14, 2014, filed with the court Reports, August 4, 2014 and February 10, 2015 Testified, April 1, 2 and 27, 2015
5

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 36 of 46 Page ID #:772
o Wright v. Annucci, et al No. 13-CV-0564 (MAD)(ATB), United States District Court, Northern District of New York Reports, April 19 and December 12, 2014 Testified, February 13, 2017
o Graves v. Arpaio No. CV-77-00479-PHX-NVW, United States District Court of Arizona Declarations, December 15, 2013, April 1, 2016, December 22, 2017; February 9 and October 22, 2018; August 19 and 30, 2019 Testified, March 5, 2014
o Corbett v. Branker No. 5:13 CT-3201-BO, United States District Court, Eastern District of North Carolina, Western District Special Master appointment November 18, 2013 Expert Report, January 14, 2014 Testified, March 21, 2014
o Fontano v. Godinez No. 3:12-cv-3042, United States District Court, Central District of Illinois, Springfield Division Report, August 16, 2014 Testified June 29, 2016 Case settled June 30, 2016
o Atencio v. Arpaio No. CV12-02376-PHX-PGR, United States District Court of Arizona Reports, February 14 and May 12, 2014 Deposed, July 30, 2014 Case settled, March 2018
o Larry Heggem v. Snohomish County No. CV-01333-RSM, United States District Court, Western District of Washington at Seattle Report, May 29, 2014 Deposed, June 27, 2014
6

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 37 of 46 Page ID #:773
o Doe v. Michigan Department of Corrections No. 5:13-cv-14356-RHC-RSW, United States District Court, Eastern District of Michigan, Southern Division Declarations, September 12, 2018 and September 30, 2019 Deposed, October 17, 2019 Case settled, January 2020
o Disability Rights, Montana, Inc. v. Richard Opper No. CV-14-25-BU-SHE, United State District Court for the District of Montana, Butte Division
o Padilla v. Beard, et al Case 2:14-at-00575, United States District Court, Eastern District of California, Sacramento Division Declaration, February 26, 2016 Deposed June 3, 2016 Testified April 19, 2017 Case settled, April 24, 2017
o Braggs, et al v. Dunn, et al No. 2:14-cv-00601-WKW-TFM, United States District Court, Middle District of Alabama Declarations, September 3, 2014, April 29, 2015, June 3, 2015 Expert Report, July 5, 2016 Declarations, February 9 and October 19, 2017 Expert Report, July 1, 2018 Deposed August 21, 2016 Testified, December 22, 2016, January 4, February 21, December 5, 2017; February 13, October 23, November 29, 2018; April 3, 2019
o Sassman v. Brown No. 2:14-cv-01679-MCE-KJN, United States District Court, Eastern District of California, Sacramento Division Declaration, August 27, 2014; Report, December 5, 2014 Deposed, December 15, 2014
7

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 38 of 46 Page ID #:774
o Robertson v. Struffert, et al Case 4:12-cv-04698-JSW, United States District Court, Northern District of California Declaration, March 16, 2015 Deposed May 4, 2015 Case settled, October 2015
o Commonwealth of Virginia v. Reginald Cornelius Latson Case No: GC14008381—00, General District Court of the County of Stafford Report, January 12, 2015 Pardon granted
o Flores v. United States of America Civil Action No 14-3166, United States District Court, Eastern District of New York Report, August 14, 2015
o Latson v. Clarke No. 1:16-cv-00447-GBL-MSN, United States District Court, Eastern District of Virginia Reports, November 16, 2016 and January 6, 2017 Deposed, December 13, 2016 Case settled, May 2, 2017
o Latson v. Clarke Civil No. 1:16-cv-00039, United States District Court, Western District of Virginia, Abingdon Division Report, September 29, 2017 Deposed, December 28, 2017
o Star v. Livingston Case No: 4:14-cv-03037, United States District Court, Southern District of Texas, Houston Division Reports, March 3, 2015 and October 12, 2016 Case settled, March 2018
8

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 39 of 46 Page ID #:775
o Doe v. Wolfe Case 4:15-cv-00250-DCB, United States District Court for the District of Arizona Reports, December 4, 2015; March 10, 2016; September 23 and November 20, 2017 Deposed, January 5, 2018 Testified, November 14, 2016 and January 13, 14 and 22, 2020 Permanent Injunction, April 2020
o Redmond v. Crowther Civil No. 2:13-cv-00393-PMW, United States District Court, Central Division, State of Utah Report, April 28, 2015 Deposed, July 28, 2015
o Fant v. The City of Ferguson Case No. 415-cv-00253 E.D. MO, United States District Court, Eastern District of Missouri Report, January 8, 2016
o Cole v. Livingston Civil Action No. 4:14-cv-1698, United States District Court, Southern District of Texas, Houston Division Reports, August 5, 2015 and April 28, 2017 Deposed, December 2, 2015 Testified, June 20, 2017 Case settled, March 2018
o State of Arizona, Appellee, v. Pete J. Van Winkle, Appellant No. CR–09–0322–AP, Testified, March 28, 2016
o Rasho v. Godinez Civil Action No. 07-CV-1298, United States District Court, Central Division of Illinois, Peoria Division Case settled, December 2015
o Morgal v. Williams No. CV 12-280-TUC-CKJ, United States District Court for the District of Arizona Report, February 1, 2016 Deposed, February 25, 2016
9

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 40 of 46 Page ID #:776
o Sacramento County Sheriff Retained by Sacramento County Sheriff to evaluate housing units in the Sacramento County jails, including maximum custody, segregation and protective custody Report, June 27, 2016 Case settled, June 2019
o Community Legal Aid Society, Inc. v. Robert M. Coupe Case No. 1:15-cv-00688, United States District Court for the District of Delaware Report, March 31, 2016 Case settled, August 2016
o C-Pod Inmates of Middlesex County Adult Correction Center, et al. v. Middlesex County Civil Action No. 15-7920 (PGS), United States District Court for the District of New Jersey Report, July 29, 2016 Case settled, September 2018
o Williams v. Snohomish County Case No. 15-2-22078-1 SEA, Superior Court for the State of Washington, King County Case Settled, May 2017
o P.D. v. Middlesex County Case No. MID-L-3811-14, Superior Court of New Jersey Report, July 29, 2016
o Gould v. State of Oregon, et al Case No. 2:15-cv-01152-SU, United States District Court for the District of Oregon Case settled, October 2016
o Johnson v. Mason County NO. 3:14-cv-05832-RBL, United States District Court, Western District of Washington at Tacoma Declaration, April 5, 2016 Deposed, October 26, 2016 Case settled, March 2017
10

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 41 of 46 Page ID #:777
o United States Department of Justice Retained by DOJ to join a team investigating conditions for LGBT inmates including sexual harassment, sexual abuse and sexual assaults by inmates and staff in the Georgia Department of Corrections Report, October 2016
o Daniel Evans v. Management and Training Corporation, et al NO. 3:15-cv-770-DPJ-FKB, United States District Court, Southern District of Mississippi, Northern Division Report, October 17, 2016 Case settled, January 2017
o Webb v. Collier Civil Action NO. 6:13cv711, United States District Court, Eastern District of Texas, Tyler Division Report, March 13, 2017 Deposed, May 5, 2017 Case settled, March 2018
o Holbron v. Espinda Civil No. 16-1-0692-04 RAN, Circuit Court of the First Circuit, State of Hawai’i Reports, February 1 and November 20, 2017 Testified, December 20, 2017
o Carruthers v. Israel Case No. 76-6086-civ-Middlebrooks, United States District Court, Southern District of Florida
o Dahl v. Mason County Case 3:16-cv-05719. United States District Court, Western District of Washington at Tacoma Report, August 21, 2017, Declaration, December 4, 2017 Case settled, August 2018
o Adams, James, Hudson v. Livingston Civil Action No. 4:14-cv-03326, United States District Court, Southern Division of Texas Houston Division Report, June 15, 2017 Case settled, March 2018
11

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 42 of 46 Page ID #:778
o Ashker v. Governor of the State of California, et al Case No. 4:09 CV 05796 CW, United States District Court, Northern District of California, Oakland Division Declaration, December 6, 2017
o Togonidze v. Livingston Civil Action No. 3:13-cv-229, United States District Court, Southern District of Texas, Galveston Division Report, October 3, 2017 Case settled, March 2018
o Martone v. Livingston Civil Action No 4:13-CV-3369, United States District Court, Southern Division of Texas, Houston Division Case settled, March 2018
o Cody v. City of St. Louis Case 4:17-cv-02707-AGF, United States District Court, Eastern District of Missouri, Eastern Division Affidavit, August 30, 2018, Report September 27, 2019
o Sabata v. Nebraska Department of Correctional Services Case No. 4:17-CV-3107, United States District Court for the State of Nebraska Declarations, August 24, 2018, February 14, 2019 and June 26, 2019 Deposed, April 9, 2019
o Pickens v. Management & Training Corporation Civil Action No. 3:16cv-913-CWR-FKB, United States District Court for the Southern District of Mississippi, Northern Division Report, December 19, 2018 Case settled, January 2019
o Davis v. Baldwin Case No. 3:16-cv-600, United States District Court, Southern Division of Illinois Report, September 6, 2019 Deposed, November 13, 2019
12

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 43 of 46 Page ID #:779
o Amos v. Taylor No. 4:20-cv-00007-DMB-JMV, United States District Court, Northern District of Mississippi, Greenville Division Declarations, January 31, February 2 and 8, 2020
o Armstrong v. Newsome No. C94-2307 CW United States District Court, Northern District of California, Oakland Division Declaration, February 24, 2020
o Valentine v. Collier Case 4:20-cv-01115 United States District Court, Southern District of Texas, Houston Division Declaration, April 1, 2020 Testified, April 16, 2020 Temporary Injunction, April 16, 2020
13

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 44 of 46 Page ID #:780
Declaration of Eldon Vail
Exhibit 2

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 45 of 46 Page ID #:781
EXHIBIT 2
Materials Reviewed
1. Prisoner Declarations:
Carole Dunham Rany Uong Andrew Fuentes Benito Venegas Cartrina Balderrama DeNeal Young Holly Davidson Jeffrey Livotto Jeremiah Farmer Jessica Haviland Leandrew Lewis Mark Avila Rodney Cullors Albert Kirk Jones Victor Gutierrez
2. California Judicial Council Order 3-16-20 3. California Judicial Council Order 4-13-20 4. California Judicial Council Press Release 3-23-20 5. California Judicial Council Press Release 3-30-30 6. California Judicial Council Press Release 4-6-20 7. California Board of Supervisors Executive Order 3-23-20 8. COLA DPH Guidance on Correctional & Detention Facilities 4-9-20 9. COLA DPH Letter to LASD Sheriff 3-31-20 10. COLA Press Release 4-14-20 11. LASD COVID-19 Updates Screen Shot 4-15-20 12. LASD COVID-19 Updates (undated) 13. LASD Inmate Visitation (undated) 14. LASD Press Release, LASD CUSTODY OPERATIONS WORKING
WITH DPH AND CHS TO PREPARE FOR 2019 NOVEL CORONAVIRUS (COVID-19) (undated) 15. LASC General Order 4-14-20 16. LASC Press Release 3-17-20

Case 2:20-cv-03760-RGK-PLA Document 16 Filed 04/24/20 Page 46 of 46 Page ID #:782
17. LASC Press Release 3-24-20 18. LASC Press Release 4-2-20 19. LASC Press Release 4-13-20 20. LASD DOC Notices 3-12-20 – 4-3-20 21. California DOJ Information Bulletin, COVID-19 and Statutory
Authority Under Government Code Section 8658, 4-14-20 22. LASD Custody Division Population 2019 Fourth Quarter Report 23. Memo from J. Richard Couzens, Emergency Rule 4 – Emergency
Statewide Bail Schedule, 4-9-20 24. Interim Guidance on Management of Coronavirus Disease 2019
(COVID-19) in Corrections and Detention Facilities, Center for Disease Control, 3-23-20 25. https://lasd.org/covid19updates/ 26. Respondents’ Report on the Department of Corrections’ COVID-19 Response, Colvin v. Inslee, No. 98317-8filed 4/13/20 in the Washington State Supreme Court 27. Preliminary Injunction Order, Civil Action No. 4:20-CV-1115, United States District Court Southern District of Texas, Houston Division, April 16, 2020 28. https://lasd.org/sheriff-lasd-status-covid-19/ 29. https://www.vera.org/covid-19/criminal-justice-city-spotlights/losangeles