UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Eastern Division - Riverside)
CIVIL DOCKET FOR CASE #: 5:17-cv-02514-JGB-SHK

Raul Novoa v. The GEO Group, Inc. Assigned to: Judge Jesus G. Bernal Referred to: Magistrate Judge Shashi H. Kewalramani Cause: 28:1331 Fed. Question

Date Filed: 12/19/2017 Jury Demand: Both Nature of Suit: 790 Labor: Other Jurisdiction: Federal Question

Plaintiff
Raul Novoa individually and on behalf of all others similarly situated

represented by Robert Ahdoot Ahdoot and Wolfson, PC 2600 West Olive Avenue, Suite 500 Burbank, CA 91505 310-474-9111 Fax: 310-474-8585 Email: rahdoot@ahdootwolfson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson Ahdoot and Wolfson PC 2600 West Olive Avenue Suite 500 Burbank, CA 91505 310-474-9111 Fax: 310-474-8585 Email: twolfson@ahdootwolfson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Thompson Burns Charest LLP 900 Jackson Street Suite 500 Dallas, TX 75202 469-904-4550 Fax: 469-444-5002 Email: wthompson@burnscharest.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alex R. Straus Greg Coleman Law PC 16748 McCormick Street Encino, CA 91436-1020

917-471-1894 Fax: 310-496-3176 Email: alex@gregcolemanlaw.com TERMINATED: 08/19/2019
Charles J Gower Burns Charest LLP 365 Canal Street Suite 1170 New Orleans, LA 70130 504-799-3853 Fax: 504-881-1765 Email: jgower@burnscharest.com PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel H Charest Burns Charest LLP 900 Jackson Street Suite 500 Dallas, TX 75202 469-904-4550 Fax: 469-444-5002 Email: dcharest@burnscharest.com PRO HAC VICE ATTORNEY TO BE NOTICED
E Lawrence Vincent Burns Charest LLP 900 Jackson Street Suite 500 Dallas, TX 75063 469-904-4550 Fax: 469-444-5002 Email: lvincent@burnscharest.com PRO HAC VICE ATTORNEY TO BE NOTICED
Korey A Nelson Burns Charest LLP 365 Canal Street Suite 1170 New Orleans, LA 70130 504-799-2845 Fax: 504-881-1765 Email: knelson@burnscharest.com PRO HAC VICE ATTORNEY TO BE NOTICED
Lauren M. Cross

Burns Charest LLP 900 Jackson Street Suite 500 Dallas, TX 75202 469-904-4550 Fax: 469-444-5002 Email: lcross@burnscharest.com PRO HAC VICE ATTORNEY TO BE NOTICED
Lydia A Wright Burns Charest LLP 365 Canal Street Suite 1170 New Orleans, LA 70130 504-799-2845 Fax: 504-881-1765 Email: lwright@burnscharest.com TERMINATED: 01/08/2021 PRO HAC VICE
Mallory T. Biblo Burns Charest LLP 900 Jackson Street Suite 500 Dallas, TX 75202 469-904-4550 Fax: 469-444-5002 Email: mbiblo@burnscharest.com PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Andrew Free Law Office of R Andrew Free 2004 8th Avenue South Nashville, TN 37209 844-321-3221 Fax: 615-829-8959 Email: Andrew@ImmigrantCivilRights.com PRO HAC VICE ATTORNEY TO BE NOTICED
Ruhandy Glezakos Ahdoot and Wolfson PC 10728 Lindbrook Drive Los Angeles, CA 90024 310-474-9111 Fax: 310-474-8585 Email: rglezakos@ahdootwolfson.com

TERMINATED: 11/06/2020

Theodore W Maya Ahdoot and Wolfson, PC 2600 West Olive Avenue, Suite 500 Burbank, CA 91505 310-474-9111 Fax: 310-474-8585 Email: tmaya@ahdootwolfson.com ATTORNEY TO BE NOTICED

Vanessa Shakib Ahdoot and Wolfson PC 10728 Lindbrook Drive Los Angeles, CA 90024 310-474-9111 Fax: 310-474-8585 Email: vshakib@ahdootwolfson.com TERMINATED: 08/16/2018

Warren T Burns Burns and Charest LLP 900 Jackson Street Suite 500 Dallas, TX 75202 469-904-4550 Fax: 469-444-5002 Email: wburns@burnscharest.com PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Jaime Campos Fuentes individually and on behalf of all others similarly situated,

represented by Robert Ahdoot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alex R. Straus (See above for address) TERMINATED: 08/19/2019
Charles J Gower (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel H Charest (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Korey A Nelson (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE
Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) PRO HAC VICE

ATTORNEY TO BE NOTICED

Ruhandy Glezakos (See above for address) TERMINATED: 11/06/2020

Theodore W Maya (See above for address) ATTORNEY TO BE NOTICED

Warren T Burns (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff
Abdiaziz Karim individually and on behalf of all others similarly situated,

represented by Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel H Charest (See above for address) ATTORNEY TO BE NOTICED

E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE

Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert Ahdoot

(See above for address) ATTORNEY TO BE NOTICED

Robert Andrew Free (See above for address) ATTORNEY TO BE NOTICED

Theodore W Maya (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Ramon Mancia individually and on behalf of all others similarly situated,

represented by Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel H Charest (See above for address) ATTORNEY TO BE NOTICED

E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE

Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert Ahdoot (See above for address) ATTORNEY TO BE NOTICED

Robert Andrew Free

(See above for address) ATTORNEY TO BE NOTICED
Theodore W Maya (See above for address) ATTORNEY TO BE NOTICED

V.
Movant
United States Department of Homeland Security, Immigration and Customs Enforcement

V. Defendant The GEO Group, Inc.

represented by Michael L Gallion Akerman LLP 601 West Fifth Street Suite 300 Los Angeles, CA 90071 213-688-9500 Fax: 213-627-6342 Email: michael.gallion@akerman.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adrienne Scheffey Akerman LLP 1900 Sixteenth Street Suite 1700 Denver, CO 80202 303-260-7712 Fax: 303-260-7714 Email: adrienne.scheffey@akerman.com PRO HAC VICE ATTORNEY TO BE NOTICED
Alexander L Linhardt Greenberg Traurig LLP 1840 Century Park East Suite 1900 Los Angeles, CA 90067 310-586-7822 Fax: 310-586-7800

Email: linhardta@gtlaw.com TERMINATED: 03/13/2019
Alicia Y Hou Akerman LLP 601 West 5th Street Suite 300 Los Angeles, CA 90071 213-688-9500 Fax: 213-627-6342 Email: alicia.hou@akerman.com ATTORNEY TO BE NOTICED
Ashley Elizabeth Calhoun Akerman LLP 601 West Fifth Street Suite 300 Los Angeles, CA 90071 213-688-9500 Fax: 213-627-6342 Email: ashley.calhoun@akerman.com TERMINATED: 05/28/2020
Carolyn P Short Holland and Knight LLP 2929 Arch Street Suite 800 Philadelphia, PA 19104 215-252-9553 Fax: 215-867-6070 Email: carolyn.short@hklaw.com TERMINATED: 08/06/2019 PRO HAC VICE
Charles A Deacon Norton Rose Fulbright US LLP 300 Convent Street Suite 2100 San Antonio, TX 78205-3792 210-270-7133 Fax: 210-270-7205 Email: charlie.deacon@nortonrosefulbright.com PRO HAC VICE ATTORNEY TO BE NOTICED
Christina Theresa Tellado Holland and Knight LLP 400 South Hope Street 8th Floor Los Angeles, CA 90071 213-896-2400

Fax: 213-896-2450 Email: christina.tellado@hklaw.com TERMINATED: 03/15/2019
Christopher J Eby Akerman LLP 1900 Sixteenth Street Suite 1700 Denver, CO 80202 303-260-7712 Fax: 303-260-7714 TERMINATED: 12/07/2020 PRO HAC VICE
Colin L Barnacle Akerman LLP 1900 Sixteenth Street Suite 1700 Denver, CO 80202 303-260-7712 Fax: 303-260-7714 Email: colin.barnacle@akerman.com TERMINATED: 12/02/2020 PRO HAC VICE
Damien Paul DeLaney Akerman LLP 601 West Fifth Street Suite 300 Los Angeles, CA 90071 213-688-9500 Fax: 213-627-6342 Email: damien.delaney@akerman.com ATTORNEY TO BE NOTICED
David T Van Pelt Akerman LLP 601 West Fifth Street Suite 300 Los Angeles, CA 90071 213-688-9500 Fax: 213-627-6342 Email: david.vanpelt@akerman.com ATTORNEY TO BE NOTICED
Dawn A Ellison Greenberg Traurig LLP 2101 L Street NW Suite 1000 Washington, DC 20037 202-331-3100

Fax: 202-331-3101 Email: ellisond@gtlaw.com TERMINATED: 03/13/2019 PRO HAC VICE
Ellen S. Robbins Akerman LLP 601 West Fifth Street Suite 300 Los Angeles, CA 90071 213-688-9500 Fax: 213-627-6342 Email: ellen.robbins@akerman.com ATTORNEY TO BE NOTICED
Jerry Stouck Greenberg Traurig LLP 2101 L Street NW Suite 1000 Washington, DC 20037 202-331-3100 Fax: 202-331-3101 Email: stouckj@gtlaw.com TERMINATED: 03/13/2019 PRO HAC VICE
Joan K. Mell III Brances Law PLLC 1019 Regents Boulevard Suite 204 Fircrest, WA 98466 253-566-2510 Fax: 281-664-4643 Email: joan@3brancheslaw.com PRO HAC VICE ATTORNEY TO BE NOTICED
John M Donohue Holland and Knight LLP 601 SW Second Avenue Suite 1800 Portland, OR 97204 503-517-2913 Fax: 503-241-8014 Email: jmdlistserve@hklaw.com TERMINATED: 08/06/2019 PRO HAC VICE
Jonathan Michael Turner Akerman LLP

601 West 5th Street Suite 300 Los Angeles, CA 90071 213-688-9500 Fax: 213-627-6342 Email: jonathan.turner@akerman.com ATTORNEY TO BE NOTICED
Lawrence D. Silverman Akerman LLP 98 SE Seventh Street Suite 1100 Miami, FL 33131 305-374-5600 Fax: 305-374-5095 Email: lawrence.silverman@akerman.com PRO HAC VICE ATTORNEY TO BE NOTICED
Lesley Holmes Norton Rose Fulbright US LLP 555 South Flower Street 41st Floor Los Angeles, CA 90071 213-892-9200 Fax: 213-892-9494 Email: lesley.swanson.holmes@nortonrosefulbright.com TERMINATED: 01/10/2019
Mark Emery Norton Rose Fulbright US LLP 799 9th Street NW Suite 100 Washington, DC 20001-4501 202-662-0200 Fax: 202-662-4643 Email: mark.emery@nortonrosefulbright.com PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Sean Freund Greenberg Traurig LLP 1840 Century Park East Suite 1900 Los Angeles, CA 90067 310-586-7700 Fax: 310-586-7800 Email: freundr@gtlaw.com TERMINATED: 03/13/2019

Robert J Herrington Greenberg Traurig LLP 1840 Century Park East Suite 1900 Los Angeles, CA 90067-2121 310-586-7700 Fax: 310-586-7800 Email: herringtonr@gtlaw.com TERMINATED: 03/13/2019
Scott A Schipma Greenberg Traurig LLP 2101 L Street NW Suite 1000 Washington, DC 20037 202-331-3141 Fax: 202-261-0195 Email: schipmas@gtlaw.com TERMINATED: 03/13/2019 PRO HAC VICE
Shannon L Armstrong Holland and Knight LLP 601 SW Second Avenue Suite 1800 Portland, OR 97204 503-243-2300 Fax: 503-241-8014 Email: shannon.armstrong@hklaw.com TERMINATED: 08/06/2019 PRO HAC VICE
Stacey Hsiang Chun Wang Holland and Knight LLP 400 South Hope Street 8th Floor Los Angeles, CA 90071-2040 213-896-2480 Fax: 213-896-2450 Email: stacey.wang@hklaw.com TERMINATED: 08/06/2019
Steven Phillip Gallagher Sheppard Mullin Richter & Hampton LLP 1901 Avenue of the Stars Suite 1600 Los Angeles, CA 90067 310-228-3700 Fax: 310-228-3701

Counter Claimant The GEO Group, Inc.

Email: sgallagher@sheppardmullin.com TERMINATED: 10/25/2019
represented by Adrienne Scheffey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Alexander L Linhardt (See above for address) TERMINATED: 03/13/2019
Carolyn P Short (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Charles A Deacon (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Christina Theresa Tellado (See above for address) TERMINATED: 03/15/2019
Christopher J Eby (See above for address) TERMINATED: 12/07/2020 PRO HAC VICE
Colin L Barnacle (See above for address) TERMINATED: 12/02/2020 PRO HAC VICE
Dawn A Ellison (See above for address) TERMINATED: 03/13/2019 PRO HAC VICE
Ellen S. Robbins (See above for address) ATTORNEY TO BE NOTICED

Jerry Stouck (See above for address) TERMINATED: 03/13/2019 PRO HAC VICE
Joan K. Mell (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
John M Donohue (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Lawrence D. Silverman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lesley Holmes (See above for address) TERMINATED: 01/10/2019
Mark Emery (See above for address) ATTORNEY TO BE NOTICED
Robert Sean Freund (See above for address) TERMINATED: 03/13/2019
Robert J Herrington (See above for address) TERMINATED: 03/13/2019
Scott A Schipma (See above for address) TERMINATED: 03/13/2019 PRO HAC VICE
Damien Paul DeLaney (See above for address) ATTORNEY TO BE NOTICED

V.
Counter Defendant
Raul Novoa individually and on behalf of all others similarly situated

represented by Robert Ahdoot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles J Gower (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Daniel H Charest (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Korey A Nelson (See above for address) ATTORNEY TO BE NOTICED

Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lydia A Wright (See above for address) TERMINATED: 01/08/2021

Counter Claimant The GEO Group, Inc.

PRO HAC VICE
Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Vanessa Shakib (See above for address) TERMINATED: 08/16/2018
Warren T Burns (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Adrienne Scheffey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Alexander L Linhardt (See above for address) TERMINATED: 03/13/2019
Carolyn P Short (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Charles A Deacon (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Christina Theresa Tellado

(See above for address) TERMINATED: 03/15/2019
Christopher J Eby (See above for address) TERMINATED: 12/07/2020 PRO HAC VICE
Colin L Barnacle (See above for address) TERMINATED: 12/02/2020 PRO HAC VICE
Dawn A Ellison (See above for address) TERMINATED: 03/13/2019
Ellen S. Robbins (See above for address) ATTORNEY TO BE NOTICED
Jerry Stouck (See above for address) TERMINATED: 03/13/2019
Joan K. Mell (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
John M Donohue (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Lawrence D. Silverman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lesley Holmes (See above for address) TERMINATED: 01/10/2019 ATTORNEY TO BE NOTICED
Mark Emery

(See above for address) ATTORNEY TO BE NOTICED
Robert Sean Freund (See above for address) TERMINATED: 03/13/2019
Robert J Herrington (See above for address) TERMINATED: 03/13/2019
Scott A Schipma (See above for address) TERMINATED: 03/13/2019

V.
Counter Defendant
Jaime Campos Fuentes individually and on behalf of all others similarly situated,

represented by Robert Ahdoot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alex R. Straus (See above for address) TERMINATED: 08/19/2019

Charles J Gower (See above for address) ATTORNEY TO BE NOTICED

Daniel H Charest (See above for address) ATTORNEY TO BE NOTICED

E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Korey A Nelson (See above for address) ATTORNEY TO BE NOTICED

Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE

Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert Andrew Free (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Theodore W Maya (See above for address) ATTORNEY TO BE NOTICED

Warren T Burns (See above for address) ATTORNEY TO BE NOTICED

Counter Defendant
Raul Novoa individually and on behalf of all others similarly situated

represented by Robert Ahdoot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED
William B Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles J Gower (See above for address) ATTORNEY TO BE NOTICED
Daniel H Charest (See above for address) ATTORNEY TO BE NOTICED
E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Korey A Nelson (See above for address) ATTORNEY TO BE NOTICED
Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE
Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) PRO HAC VICE

ATTORNEY TO BE NOTICED

Vanessa Shakib (See above for address) TERMINATED: 08/16/2018

Warren T Burns (See above for address) ATTORNEY TO BE NOTICED

Counter Claimant
Jaime Campos Fuentes individually and on behalf of all others similarly situated,

represented by Robert Ahdoot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alex R. Straus (See above for address) TERMINATED: 08/19/2019

Charles J Gower (See above for address) ATTORNEY TO BE NOTICED

Daniel H Charest (See above for address) ATTORNEY TO BE NOTICED

E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Korey A Nelson (See above for address) ATTORNEY TO BE NOTICED

Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE

Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert Andrew Free (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Theodore W Maya (See above for address) ATTORNEY TO BE NOTICED

Warren T Burns (See above for address) ATTORNEY TO BE NOTICED

Counter Claimant
Raul Novoa individually and on behalf of all others similarly situated

represented by Robert Ahdoot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles J Gower

(See above for address) ATTORNEY TO BE NOTICED
Daniel H Charest (See above for address) ATTORNEY TO BE NOTICED
E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Korey A Nelson (See above for address) ATTORNEY TO BE NOTICED
Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE
Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Vanessa Shakib (See above for address) TERMINATED: 08/16/2018
Warren T Burns

(See above for address) ATTORNEY TO BE NOTICED

V. Counter Defendant The GEO Group, Inc.

represented by Adrienne Scheffey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Carolyn P Short (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Charles A Deacon (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Christina Theresa Tellado (See above for address) TERMINATED: 03/15/2019
Christopher J Eby (See above for address) TERMINATED: 12/07/2020 PRO HAC VICE
Colin L Barnacle (See above for address) TERMINATED: 12/02/2020 PRO HAC VICE
Dawn A Ellison (See above for address) TERMINATED: 03/13/2019
Jerry Stouck (See above for address) TERMINATED: 03/13/2019
Joan K. Mell (See above for address)

Counter Claimant The GEO Group, Inc.

PRO HAC VICE ATTORNEY TO BE NOTICED
John M Donohue (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Lawrence D. Silverman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lesley Holmes (See above for address) TERMINATED: 01/10/2019 ATTORNEY TO BE NOTICED
Mark Emery (See above for address) ATTORNEY TO BE NOTICED
Robert Sean Freund (See above for address) TERMINATED: 03/13/2019
Robert J Herrington (See above for address) TERMINATED: 03/13/2019
Scott A Schipma (See above for address) TERMINATED: 03/13/2019
represented by Adrienne Scheffey (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Alexander L Linhardt (See above for address) TERMINATED: 03/13/2019
Alicia Y Hou (See above for address)

ATTORNEY TO BE NOTICED
Ashley Elizabeth Calhoun (See above for address) TERMINATED: 05/28/2020
Carolyn P Short (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Charles A Deacon (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Christina Theresa Tellado (See above for address) TERMINATED: 03/15/2019
Christopher J Eby (See above for address) TERMINATED: 12/07/2020 PRO HAC VICE
Colin L Barnacle (See above for address) TERMINATED: 12/02/2020 PRO HAC VICE
Damien Paul DeLaney (See above for address) ATTORNEY TO BE NOTICED
Dawn A Ellison (See above for address) TERMINATED: 03/13/2019
Ellen S. Robbins (See above for address) ATTORNEY TO BE NOTICED
Jerry Stouck (See above for address) TERMINATED: 03/13/2019

Joan K. Mell (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
John M Donohue (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Lawrence D. Silverman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lesley Holmes (See above for address) TERMINATED: 01/10/2019
Mark Emery (See above for address) ATTORNEY TO BE NOTICED
Robert Sean Freund (See above for address) TERMINATED: 03/13/2019
Robert J Herrington (See above for address) TERMINATED: 03/13/2019
Scott A Schipma (See above for address) TERMINATED: 03/13/2019
Shannon L Armstrong (See above for address) TERMINATED: 08/06/2019 PRO HAC VICE
Stacey Hsiang Chun Wang (See above for address) TERMINATED: 08/06/2019
Steven Phillip Gallagher

(See above for address) TERMINATED: 10/25/2019

V.
Counter Defendant
Jaime Campos Fuentes individually and on behalf of all others similarly situated,

represented by Robert Ahdoot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alex R. Straus (See above for address) TERMINATED: 08/19/2019

Charles J Gower (See above for address) ATTORNEY TO BE NOTICED

Daniel H Charest (See above for address) ATTORNEY TO BE NOTICED

E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Korey A Nelson (See above for address) ATTORNEY TO BE NOTICED

Lauren M. Cross (See above for address) PRO HAC VICE

ATTORNEY TO BE NOTICED

Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE

Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Robert Andrew Free (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Theodore W Maya (See above for address) ATTORNEY TO BE NOTICED

Warren T Burns (See above for address) ATTORNEY TO BE NOTICED

Counter Defendant
Abdiaziz Karim individually and on behalf of all others similarly situated,

represented by E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE

Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Theodore W Maya (See above for address) ATTORNEY TO BE NOTICED

Counter Defendant
Ramon Mancia individually and on behalf of all others similarly situated,

represented by E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE

Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Theodore W Maya (See above for address) ATTORNEY TO BE NOTICED

Counter Defendant
Raul Novoa individually and on behalf of all others similarly situated

represented by Robert Ahdoot (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tina Wolfson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Thompson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles J Gower (See above for address) ATTORNEY TO BE NOTICED
Daniel H Charest (See above for address) ATTORNEY TO BE NOTICED
E Lawrence Vincent (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Korey A Nelson (See above for address) ATTORNEY TO BE NOTICED
Lauren M. Cross (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lydia A Wright (See above for address) TERMINATED: 01/08/2021 PRO HAC VICE
Mallory T. Biblo (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) ATTORNEY TO BE NOTICED
Robert Andrew Free (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Vanessa Shakib (See above for address) TERMINATED: 08/16/2018
Warren T Burns

(See above for address) ATTORNEY TO BE NOTICED

Date Filed 12/19/2017 12/19/2017 12/19/2017 12/20/2017 12/20/2017 12/20/2017
12/20/2017

# Docket Text
1 COMPLAINT Receipt No: 0973-20989487 - Fee: $400, filed by plaintiff Raul Novoa. (Attorney William B Thompson added to party Raul Novoa(pty:pla))(Thompson, William) (Entered: 12/19/2017)
2 CIVIL COVER SHEET filed by Plaintiff Raul Novoa. (Thompson, William) (Entered: 12/19/2017)
3 NOTICE of Interested Parties filed by Plaintiff Raul Novoa, identifying The GEO Group, Inc.. (Thompson, William) (Entered: 12/19/2017)
4 NOTICE OF ASSIGNMENT to District Judge Jesus G. Bernal and Magistrate Judge Shashi H. Kewalramani. (ghap) (Entered: 12/20/2017)
5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 12/20/2017)
6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Warren Burns. 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. (ghap) (Entered: 12/20/2017)
7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Korey A Nelson. 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

12/20/2017
12/20/2017
12/28/2017 12/28/2017 12/28/2017

to the docket until your Pro Hac Vice status has been resolved. (ghap) (Entered: 12/20/2017)
8 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Lydia A Wright. 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. (ghap) (Entered: 12/20/2017)
9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney R Andrew Free. 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. (ghap) (Entered: 12/20/2017)
10 NOTICE of Appearance filed by attorney Robert Ahdoot on behalf of Plaintiff Raul Novoa (Attorney Robert Ahdoot added to party Raul Novoa(pty:pla))(Ahdoot, Robert) (Entered: 12/28/2017)
11 APPLICATION of Non-Resident Attorney Robert Andrew Free to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21026099) filed by Plaintiff Raul Novoa. (Attachments: # 1 Proposed Order) (Ah doot, Robert) (Entered: 12/28/2017)
12 APPLICATION of Non-Resident Attorney Lydia A. Wright to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa (Pro Hac Vice Fee Fee Paid, Receipt No. 0973-21026157) filed by Plaintiff Raul Novoa. (Attachments: # 1 Proposed Order) (Ahdoo t, Robert) (Entered: 12/28/2017)

12/28/2017 12/28/2017 12/28/2017 12/28/2017 01/08/2018 01/12/2018
01/16/2018 02/16/2018
02/16/2018

13 ORDER by Judge Jesus G. Bernal: granting 11 Non-Resident Attorney Robert Andrew Free APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Raul Novoa, designating Robert R. Ahdoot as local counsel. (iva) (Entered: 12/28/2017)
14 ORDER by Judge Jesus G. Bernal: granting 12 Non-Resident Attorney Lydia A. Wright APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff, Raul Novoa, designating Robert R. Ahdoot as local counsel. (iva) (Entered: 12/28/2017)
15 APPLICATION of Non-Resident Attorney Korey A. Nelson to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa (Pro Hac Vice Fee Fee Paid, Receipt No. 0973-21029669) filed by Plaintiff Raul Novoa. (Attachments: # 1 Proposed Order) (Ahdoo t, Robert) (Entered: 12/28/2017)
16 ORDER by Judge Jesus G. Bernal: granting 15 Non-Resident Attorney Korey A Nelson APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa, designating Robert R Ahdoot as local counsel. (ad) (Entered: 12/28/2017)
17 STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (ima) (Entered: 01/08/2018)
18 Notice of Appearance or Withdrawal of Counsel: for attorney Lesley Holmes counsel for Defendant The GEO Group, Inc.. Adding Lesley Holmes as counsel of record for The GEO Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant The GEO Group, Inc.. (Attorney Lesley Holmes added to party The GEO Group, Inc.(pty:dft))(Holmes, Lesley) (Entered: 01/12/2018)
19 WAIVER OF SERVICE Returned Executed filed by plaintiff Raul Novoa. upon The GEO Group, Inc. waiver sent by Plaintiff on 12/19/2017, answer due 2/20/2018. Waiver of Service signed by Lesley Holmes, Esq.. (Nelson, Korey) (Entered: 01/16/2018)
20 NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim filed by Defendant The GEO Group, Inc.. Motion set for hearing on 3/26/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum, # 2 Declaration of Lesley Holmes and Exhibit A, # 3 Proposed Order) (Holmes, Lesley) (Entered: 02/16/2018)
21 NOTICE of Interested Parties filed by Defendant The GEO Group, Inc., identifying The GEO Group, Inc.. (Holmes, Lesley) (Entered: 02/16/2018)

02/20/2018
03/05/2018 03/12/2018 03/13/2018 03/15/2018 03/16/2018 03/19/2018 03/23/2018

22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Certificate/Notice of Interested Parties 21 , NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim 20 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Case number should listed as follows: 5:17-cv-02514-JGB-SHKx. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iva) (Entered: 02/20/2018)
23 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim 20 filed by Plaintiff Raul Novoa. (Nelson, Korey) (Entered: 03/05/2018)
24 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim 20 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Lesley Holmes, # 2 Exhibit A)(Holmes, Lesley) (Entered: 03/12/2018)
25 APPLICATION of Non-Resident Attorney Charles A. Deacon to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21403229) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Pr oposed Order) (Holmes, Lesley) (Entered: 03/13/2018)
26 ORDER by Judge Jesus G. Bernal: granting 25 Non-Resident Attorney Charles A Deacon APPLICATION to Appear Pro Hac Vice on behalf of Defendant The GEO Group Inc, designating Lesley Holmes as local counsel. (ad) (Entered: 03/15/2018)
27 APPLICATION of Non-Resident Attorney Mark Emery to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21423864) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Holmes, Lesley) (Entered: 03/16/2018)
28 ORDER by Judge Jesus G. Bernal: granting 27 Non-Resident Attorney Mark Emery APPLICATION to Appear Pro Hac Vice on behalf of granted, designating Lesley Holmes as local counsel. (twdb) (Entered: 03/20/2018)
29 NOTICE of Appearance filed by attorney Mark Emery on behalf of Defendant The GEO Group, Inc. (Emery, Mark) (Entered: 03/23/2018)

03/23/2018 03/26/2018
03/27/2018 03/28/2018 03/28/2018 03/30/2018 03/30/2018 05/14/2018

30 NOTICE of Appearance filed by attorney Charles A Deacon on behalf of Defendant The GEO Group, Inc. (Deacon, Charles) (Entered: 03/23/2018)
31 MINUTES OF Defendant's 20 MOTION to Dismiss ; Order Directing Parties to Submit Supplemental Briefs held before Judge Jesus G. Bernal: The Court is informed that due to an emergency hearing, counsel for Plaintiff is not able to make an appearance. The Court orders counsel to meet and confer and agree on a new hearing date in the month of May. Counsel shall submit a stipulation and proposed order. Further, the Court directs the parties to file supplemental briefing, no longer than five pages in length, on which of Californias Industrial Welfare Commissions minimum wage orders could apply to Plaintiff (and the putative class members) or why none of the wage orders is applicable. The parties should submit such briefing no later than March 30, 2018. IT IS SO ORDERED. Court Reporter: Adele C Frazier. (ad) (Entered: 03/27/2018)
32 Notice of Appearance or Withdrawal of Counsel: for attorney Vanessa Shakib counsel for Plaintiff Raul Novoa. Adding Vanessa Shakib as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Raul Novoa. (Attorney Vanessa Shakib added to party Raul Novoa(pty:pla))(Shakib, Vanessa) (Entered: 03/27/2018)
33 Joint STIPULATION to Reset filed by Plaintiff Raul Novoa. (Attachments: # 1 Proposed Order)(Nelson, Korey) (Entered: 03/28/2018)
34 ORDER RESETTING HEARING DATE by Judge Jesus G. Bernal Re Stipulation 33 : It is hereby ORDERED that the hearing on Defendants' MOTION to Dismiss 20 is reset for Monday 5/14/2018 at 9:00am. IT IS SO ORDERED. (ad) (Entered: 03/29/2018)
35 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim 20 Defendant The Geo Group, Inc.s Supplemental Briefing To Address The Applicability Of California Minimum Wage Orders To Plaintiffs Claim filed by Defendant The GEO Group, Inc.. (Holmes, Lesley) (Entered: 03/30/2018)
36 SUPPLEMENT to Plaintiff's Opposition to Defendant's Motion to Dismiss filed by Plaintiff Raul Novoa. (Shakib, Vanessa) (Entered: 03/30/2018)
37 TRANSCRIPT ORDER as to defendant The GEO Group, Inc. for Court Reporter. Court will contact Mark Emery at mark.emery@nortonrosefulbright.com with further instructions regarding this order. Transcript preparation will not begin until

05/14/2018 05/14/2018 05/21/2018 05/21/2018 06/05/2018
06/05/2018 06/21/2018

payment has been satisfied with the court reporter. (Emery, Mark) (Entered: 05/14/2018)
38 TRANSCRIPT ORDER as to Plaintiff Raul Novoa for Court Reporter. Court will contact Hannah C. Lopez at hlopez@burnscharest.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Wright, Lydia) (Entered: 05/14/2018)
39 MINUTES OF MOTION TO DISMISS COMPLAINT 20 held before Judge Jesus G. Bernal: The Court confers with counsel and hears oral argument. Counsel is ordered to file supplemental briefing, no more than 7 pages in length and due no later than one week from today. Court Reporter: Lisa Gonzalez. (hr) (Entered: 05/15/2018)
40 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Complaint for Failure to State a Claim 20 Defendant The Geo Group, Inc.s Supplemental Briefing To Address The Applicability Of California Minimum Wage Orders To Plaintiffs Claim filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration Lesley Holmes, # 2 Exhibit A, # 3 Exhibit B)(Holmes, Lesley) (Entered: 05/21/2018)
41 SUPPLEMENT to Plaintiff's Opposition to Defendant's Motion to Dismiss filed by Plaintiff Raul Novoa. (Attachments: # 1 Exhibit)(Shakib, Vanessa) (Entered: 05/21/2018)
42 TRANSCRIPT for proceedings held on 05/14/2018 - 9:30 a.m. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez, phone number 213-894-2979; CSRLISAG@AOL.COM. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/26/2018. Redacted Transcript Deadline set for 7/6/2018. Release of Transcript Restriction set for 9/4/2018. (Gonzalez, Lisa) (Entered: 06/05/2018)
43 NOTICE OF FILING TRANSCRIPT filed for proceedings 05/14/2018 - 9:30 a.m. re Transcript 42 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY (Entered: 06/05/2018)
44 MINUTES (IN CHAMBERS) Order GRANTING in Part and DENYING in Part Defendants Motion to Dismiss (Dkt. No. 20) by Judge Jesus G. Bernal: The Court GRANTS in part and DENIES in part Defendants Motion. Plaintiff shall file an amended complaint, if any, no later than July 6, 2018. (es) (Entered: 06/21/2018)

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07/20/2018 07/24/2018 07/30/2018 07/30/2018 08/02/2018

45 ANSWER to Complaint (Attorney Civil Case Opening) 1 with JURY DEMAND, COUNTERCLAIM against Raul Novoa filed by Defendant The GEO Group, Inc..(Holmes, Lesley) (Entered: 07/03/2018)
46 SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 8/27/2018 at 11:00 AM before Judge Jesus G. Bernal. (mga) (Entered: 07/05/2018)
47 FIRST AMENDED COMPLAINT against Defendant The GEO Group, Inc. amending Complaint (Attorney Civil Case Opening) 1 , filed by Plaintiff Raul Novoa(Nelson, Korey) (Entered: 07/06/2018)
48 NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint filed by Defendant The GEO Group, Inc.. Motion set for hearing on 8/20/2018 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum of Points and Authorities ISO Motion to Dismiss Plaintiffs First Amended Complaint for Declaratory and Injunctive Relief and Damages, # 2 Declaration of Lesley Holmes ISO Defendant The Geo Group, Inc.s Motion to Dismiss Plaintiffs First Amended Complaint for Declaratory and Injunctive Relief and Damages, # 3 Proposed Order, # 4 Declaration of Service) (Holmes, Lesley) (Entered: 07/20/2018)
49 ANSWER to Amended Complaint/Petition 47 and Counterclaims filed by Defendant The GEO Group, Inc..(Holmes, Lesley) (Entered: 07/20/2018)
50 Affirmative Defenses to Counterclaims and ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 45 Reply Counterclaim for Retaliation, COUNTERCLAIM against The GEO Group, Inc. filed by Plaintiff Raul Novoa.(Nelson, Korey) (Entered: 07/24/2018)
51 APPLICATION of Non-Resident Attorney Charles Jacob Gower to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22170341) filed by plaintiff Raul Novoa. (Attachments: # 1 Proposed Order) (Ahdoot, Robert) (Entered: 07/30/2018)
52 RESPONSE IN OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 48 filed by Plaintiff Raul Novoa. (Attachments: # 1 Exhibit A - Chao Chen v GEO Group Inc, # 2 Declaration B - Declaration of A. Free, # 3 Exhibit C Chen Transcript)(Nelson, Korey) (Entered: 07/30/2018)
53 ORDER by Judge Jesus G. Bernal: granting 51 Non-Resident Attorney Charles J. Gower APPLICATION to Appear Pro Hac Vice on behalf of

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08/20/2018
08/22/2018 08/22/2018

Raul Novoa, Plaintiff, designating Robert R. Ahdoot as local counsel. (twdb) (Entered: 08/02/2018)
54 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's First Amended Complaint 48 filed by Defendant The GEO Group, Inc.. (Holmes, Lesley) (Entered: 08/06/2018)
55 NOTICE of Supplemental Authority filed by plaintiff Raul Novoa. (Attachments: # 1 Exhibit A Nwauzor Order, # 2 Exhibit B Transcript of Oral Argument)(Nelson, Korey) (Entered: 08/07/2018)
56 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 15 days, filed by Plaintiff Raul Novoa.. (Attachments: # 1 Exhibit A)(Wright, Lydia) (Entered: 08/13/2018)
57 Request for Clerk to Issue Subpoena filed by Plaintiff Raul Novoa. (Attachments: # 1 Rider A to Subpoena)(Free, Robert) (Entered: 08/14/2018)
58 Defendant The GEO Group, Inc.s Answer to Plaintiffs Reply Counterclaim for Retaliation ANSWER to Answer to Counterclaim,,, 50 filed by Defendant The GEO Group, Inc..(Holmes, Lesley) (Entered: 08/14/2018)
59 Notice of Withdrawal of Subpoena Request (AO 88) 57 filed by Plaintiff Raul Novoa. (Free, Robert) (Entered: 08/16/2018)
60 Notice of Appearance or Withdrawal of Counsel: for attorney Robert Ahdoot counsel for Plaintiff Raul Novoa. Vanessa Shakib is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Raul Novoa. (Ahdoot, Robert) (Entered: 08/16/2018)
64 MINUTES OF Motion Hearing held before Judge Jesus G. Bernal: MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT 48 . The Motion to Dismiss Plaintiff's First Amended Complaint is DENIED. A separate order will issue. Court Reporter: Adele C. Frazier. (twdb) (Entered: 08/24/2018)
61 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: denying 48 Defendant's MOTION to Dismiss. (twdb) (Entered: 08/23/2018)
65 AMENDED MINUTES held before Judge Jesus G. Bernal Denying Defendant's Motion to Dismiss 48 . RE: Minute Order 61 . (twdb) (Entered: 08/24/2018)

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08/27/2018 08/30/2018 08/30/2018 08/31/2018

62 TRANSCRIPT for proceedings held on 8-20-2018; 9:00am. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/13/2018. Redacted Transcript Deadline set for 9/24/2018. Release of Transcript Restriction set for 11/21/2018. (afr) (Entered: 08/23/2018)
63 NOTICE OF FILING TRANSCRIPT filed for proceedings 8-20-2018; 9:00am re Transcript 62 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afr) TEXT ONLY ENTRY (Entered: 08/23/2018)
66 NOTICE of Appearance filed by attorney Robert J Herrington on behalf of Defendant The GEO Group, Inc. (Attorney Robert J Herrington added to party The GEO Group, Inc.(pty:dft))(Herrington, Robert) (Entered: 08/24/2018)
69 MINUTES OF Scheduling Conference held before Judge Jesus G. Bernal. A trial schedule was set. See separate trial scheduling order for more details. Amended Pleadings due by 10/22/2018. Discovery cut-off 4/15/2019. Last date to conduct settlement conference is 5/13/2019. Jury Trial set for 8/27/2019 09:00 AM before Judge Jesus G. Bernal. SEE DOCUMENT FOR FURTHER INFORMATION. Court Reporter: Adele C. Frazier. (twdb) (Entered: 08/30/2018)
70 ORDER/REFERRAL to ADR Procedure No 1 by Judge Jesus G. Bernal. Case ordered to Magistrate Judge Shashi H. Kewalramani for Settlement Conference. ADR Proceeding to be held no later than 5/13/19. (twdb) (Entered: 08/30/2018)
67 TRANSCRIPT ORDER as to Plaintiff Raul Novoa for Court Reporter. Court will contact Hannah C. Lopez at hlopez@burnscharest.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Wright, Lydia) (Entered: 08/30/2018)
68 SUBPOENA IN A CIVIL CASE issued to The Nakamoto Group, Inc. c/o Jenni Nakamoto was served upon Jenni Nakamoto, Agent of Service on 08/27/2018 by Personal service. (Free, Robert) (Entered: 08/30/2018)
71 APPLICATION of Non-Resident Attorney Scott A. Schipma to Appear Pro Hac Vice on behalf of Counter Claimant The GEO Group, Inc., Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22351667) filed by Defendant The GEO Group, Inc..

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(Attachments: # 1 Proposed Order) (Herrington, Robert) (Entered: 08/31/2018)
72 ORDER by Judge Jesus G. Bernal: granting 71 Non-Resident Attorney Scott A. Schipma APPLICATION to Appear Pro Hac Vice on behalf of The Geo Group Inc, designating Robert J. Herrington as local counsel. (twdb) (Entered: 09/04/2018)
73 TRANSCRIPT for proceedings held on 8-27-2018; 11:00am. Court Reporter: Adele C. Frazier, adelefraziercsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018. (afr) (Entered: 09/06/2018)
74 NOTICE OF FILING TRANSCRIPT filed for proceedings 8-27-2018; 11:00am re Transcript 73 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (afr) TEXT ONLY ENTRY (Entered: 09/06/2018)
75 Notice of Appearance or Withdrawal of Counsel: for attorney Alex R Straus counsel for Plaintiff Raul Novoa. Adding Alex R. Straus as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Raul Novoa. (Attorney Alex R Straus added to party Raul Novoa(pty:pla))(Straus, Alex) (Entered: 09/14/2018)
76 Notice of Appearance or Withdrawal of Counsel: for attorney Theodore W Maya counsel for Plaintiff Raul Novoa. Adding Theodore W. Maya as counsel of record for Plaintiff for the reason indicated in the G-123 Notice. Filed by Plaintiff Raul Novoa. (Attorney Theodore W Maya added to party Raul Novoa(pty:pla))(Maya, Theodore) (Entered: 09/14/2018)
77 APPLICATION of Non-Resident Attorney Warren T. Burns to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa (Pro Hac Vice Fee $400 Fee Paid, Receipt No. 0973-22534373) filed by plaintiff Raul Novoa. (Attachments: # 1 Proposed Order) (Ahdoot, Robert) (Entered: 10/05/2018)
78 APPLICATION of Non-Resident Attorney Daniel H. Charest to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22534442) filed by plaintiff Raul Novoa. (Attachments: # 1 Proposed Order) (Ahdoot, Robert) (Entered: 10/05/2018)

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10/16/2018

79 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Jesus G. Bernal: granting 77 Non-Resident Attorney Warren T Burns APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa, designating Robert R Ahdoot as local counsel. (jp) (Entered: 10/10/2018)
80 ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Jesus G. Bernal: granting 78 Non-Resident Attorney Daniel H Charest APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Raul Novoa, designating Robert R Ahdoot as local counsel. (jp) (Entered: 10/10/2018)
81 NOTICE of Appearance filed by attorney Robert Sean Freund on behalf of Counter Claimant The GEO Group, Inc., Counter Defendant The GEO Group, Inc., Defendant The GEO Group, Inc. (Attorney Robert Sean Freund added to party The GEO Group, Inc.(pty:cc), Attorney Robert Sean Freund added to party The GEO Group, Inc.(pty:cd), Attorney Robert Sean Freund added to party The GEO Group, Inc.(pty:dft))(Freund, Robert) (Entered: 10/10/2018)
82 REQUEST for Protective Order for Deposition of David Venturella filed by Defendant The GEO Group, Inc.. (Freund, Robert) (Entered: 10/12/2018)
83 NOTICE OF ERRATA filed by Counter Claimant The GEO Group, Inc., Defendant The GEO Group, Inc.. correcting REQUEST for Protective Order for Deposition of David Venturella 82 (Attachments: # 1 Proposed Order Stipulated Protective Order regarding Deposition of David Venturella)(Freund, Robert) (Entered: 10/12/2018)
84 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulated Protective Order for Deposition of David Venturella 82 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: "Other Filings" - Stipulations Protective Order. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ad) (Entered: 10/15/2018)
85 Joint STIPULATION for Extension of Time to File Amended Pleadings and Add Parties filed by Plaintiff Raul Novoa. (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 10/16/2018)

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86 STIPULATED PROTECTIVE ORDER by Magistrate Judge Shashi H. Kewalramani re: Request for Protective Order re REQUEST for Protective Order for Deposition of David Venturella 82 . (iva) (Entered: 10/17/2018)
87 APPLICATION of Non-Resident Attorney Dawn A. Ellison to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 10/18/2018, Receipt No. 097322605567) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Herrington, Robert) (Entered: 10/18/2018)
88 APPLICATION of Non-Resident Attorney Jerry Stouck to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22613512) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Herrington, Robert) (Entered: 10/19/2018)
89 ORDER by Judge Jesus G. Bernal, Granting Stipulation to Extend Time to Amend the Pleadings or Add New Parties by Sixty Days 85 . It is hereby ORDERED that the last date to amend the pleadings or add new parties is reset for December 22, 2018. (twdb) (Entered: 10/22/2018)
91 ORDER by Judge Jesus G. Bernal: granting 87 Non-Resident Attorney Dawn A. Ellison APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group, Inc, Defendant, designating Robert J. Herrington as local counsel. (twdb) (Entered: 10/23/2018)
90 MOTION for Order for MOTION RE: INFORMAL DISCOVERY DISPUTE (dc) (Entered: 10/22/2018)
93 MINUTES OF RE 90 Motion for Order; Telephone Conference held before Magistrate Judge Shashi H. Kewalramani: Following discussion between the Court and counsel, the moving party may file a motion with the Court pursuant to Local Rule 37. Court Recorder: XTR. (dc) (Entered: 10/29/2018)
92 ORDER by Judge Jesus G. Bernal: granting 88 Non-Resident Attorney Jerry Stouck APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group, Inc, Defendant, designating Robert J. Herrington as local counsel. (twdb) (Entered: 10/23/2018)
94 STIPULATION for Discovery as to Disclosure of Privileged Information filed by Defendant The GEO Group, Inc..(Freund, Robert) (Entered: 11/08/2018)

11/09/2018

95 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proposed Stipulated Order 94 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ad) (Entered: 11/09/2018)

11/09/2018

96 STIPULATED ORDER REGARDING THE DISCLOSURE OF PRIVILEGED INFORMATION by Magistrate Judge Shashi H. Kewalramani (SEE ORDER FOR DETAILS) (dc) (Entered: 11/09/2018)

11/27/2018

97 SUBPOENA IN A CIVIL CASE issued to Creative Corrections, LLC was served upon Aubree Penison, Admisitrative Assistant on 11/20/2018 by Personal service. (Attachments: # 1 Exhibit Rider A to Subpoena)(Wright, Lydia) (Entered: 11/27/2018)

11/29/2018

98 SUBPOENA IN A CIVIL CASE issued to Spectrum Security Services was served upon Josh Handy, Son of Registered Agent Gary Handy on 11/28/2018 by Personal service. (Wright, Lydia) (Entered: 11/29/2018)

11/29/2018

99 STIPULATION to AMEND and to Dismiss Defendant's Counterclaim with Prejudice Answer to Complaint 49 , Answer to Counterclaim 58 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Exhibit A: The GEO Group, Inc.'s First Amended Answer and Counterclaim to Plaintiff's First Amended Complaint, # 2 Exhibit B: The GEO Group, Inc.'s First Amended Answer to Plaintiff's Reply Counterclaim for Retaliation, # 3 Proposed Order)(Herrington, Robert) (Entered: 11/29/2018)

11/30/2018

100 SUBPOENA IN A CIVIL CASE issued to Trinity Services Group Inc was served upon Donna Moch, Contact Person for Registered Agent on 11/27/18 by Personal service. (Wright, Lydia) (Entered: 11/30/2018)

11/30/2018

101 ORDER by Judge Jesus G. Bernal, Granting Stipulation to Dismiss Defendant's Counterclaim with Prejudice and Amending Defendant's Answer to Plaintiff's Amended Complaint and Answer to Plaintiff's Reply Counterclaim for Retaliation 99 . It is hereby ORDERED that Defendant's counterclaim for Offset/Unjust Enrichment shall be dismissed with prejudice. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 11/30/2018)

12/03/2018 102 SUBPOENA IN A CIVIL CASE issued to Keefe Group, LLC was served upon Bonnie Love, Corporate Intake Specialist for Registered

Agent on 12/03/2018 by Personal service. (Wright, Lydia) (Entered: 12/03/2018)

12/03/2018

104 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Supboena (AO 88) Returned Executed 102 . The following error(s) was/were found: Case number is incorrect or missing. Correct case number is 5:17-cv-2514 JGB(SPx) In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ad) (Entered: 12/04/2018)

12/04/2018

103 SUBPOENA IN A CIVIL CASE issued to American Correctional Association was served upon Teresa Brown - Registered Agent on 12/03/2018 by Personal service. (Wright, Lydia) (Entered: 12/04/2018)

12/10/2018

105 SUBPOENA IN A CIVIL CASE issued to Correct Care Solutions, LLC c/o Corporate Creations Network Inc. was served upon Jacqueline Atherstone, Administrator for Agent on 12/07/2018 by Personal service. (Wright, Lydia) (Entered: 12/10/2018)

12/19/2018

106 AMENDED ANSWER and CONDITIONAL AMENDED COUNTERCLAIM to Amended Complaint/Petition 47 filed by Defendant The GEO Group, Inc.. (Herrington, Robert) (Entered: 12/19/2018)

12/19/2018

107 AMENDED ANSWER (Defendant The Geo Group, Inc.s First Amended Answer to Plaintiffs Reply Counterclaim for Retaliation) to Answer to Counterclaim,,, 50 filed by Defendant The GEO Group, Inc.. (Herrington, Robert) (Entered: 12/19/2018)

12/24/2018

108 SECOND AMENDED COMPLAINT against Defendant The GEO Group, Inc. amending Amended Complaint/Petition 47 JURY DEMAND, filed by Plaintiff Raul Novoa(Wright, Lydia) (Entered: 12/24/2018)

01/04/2019

109 REQUEST TO SUBSTITUTE ATTORNEY Robert J. Herrington in place of attorney Lesley Holmes , Charles A. Deacon (PHV), and Mark Emery (PHV) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Holmes, Lesley) (Entered: 01/04/2019)

01/04/2019

110 Joint STIPULATION for Extension of Time to File Answer to Second Amended Complaint filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration Robert Freund, # 2 Proposed Order)(Herrington, Robert) (Entered: 01/04/2019)

01/07/2019

111 ORDER GRANTING Stipulation to Extend Time to Respond to Second Amended Complaint 110 by Judge Jesus G. Bernal. Defendant GEO's deadline to respond to Plaintiffs' Second Amended Complaint shall be extended by 21 days through and including 1/28/2019. (jp) (Entered: 01/10/2019)

01/10/2019

112 ORDER by Judge Jesus G. Bernal: granting 109 Request to Substitute Attorney. Attorney Lesley Holmes terminated (yl) (Entered: 01/11/2019)

01/28/2019

113 ANSWER to Amended Complaint/Petition 108 (Plaintiffs' Second Amended Complaint) - and -, COUNTERCLAIM against Jaime Campos Fuentes, Raul Novoa filed by Defendant and Counter-Claimant The GEO Group, Inc..(Herrington, Robert) (Entered: 01/28/2019)

02/04/2019

114 NOTICE of Appearance filed by attorney Alexander L Linhardt on behalf of Counter Claimant The GEO Group, Inc. (Attorney Alexander L Linhardt added to party The GEO Group, Inc.(pty:cc))(Linhardt, Alexander) (Entered: 02/04/2019)

02/05/2019

115 NOTICE OF MOTION AND MOTION for Order for MOTION RE: INFORMAL DISCOVERY DISPUTE Motion set for hearing on 2/12/2019 at 01:00 PM before Magistrate Judge Shashi H. Kewalramani. (iva) (Entered: 02/05/2019)

02/12/2019

116 MINUTES OF granting 115 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: An opening brief, limited to 10 pages in length, shall be filed by plaintiffs' counsel no later than February 19, 2019. A responsive brief, limited to 10 pages in length, shall be filed by defendant's counsel no later than February 26, 2019. An optional reply brief, limited to 5 pages in length, may be filed by plaintiffs' counsel no later than March 4, 2019. Court Recorder: XTR. (dc) (Main Document 116 replaced on 2/13/2019) (dc). (Entered: 02/13/2019)

02/18/2019

117 Affirmative Defenses and ANSWER to Answer to Complaint (Attorney Civil Case Opening), Counterclaim 113 to Second Amended Complaint, COUNTERCLAIM against The GEO Group, Inc. filed by Plaintiff Jaime Campos Fuentes, Raul Novoa(individually and on behalf of all others similarly situated).(Wright, Lydia) (Entered: 02/18/2019)

02/19/2019

118 NOTICE OF MOTION AND MOTION for Order for Regarding Defendant's Ability to Redact and Withhold Documents filed by Plaintiffs Jaime Campos Fuentes, Raul Novoa. (Maya, Theodore) (Entered: 02/19/2019)

02/22/2019

119 STIPULATION to Continue Trial Date from August 27, 2019 to February 27, 2020 Re: Scheduling Conference - optional html form,, Set/Reset Deadlines/Hearings, 69 filed by defendant The GEO Group, Inc.. (Attachments: # 1 Declaration Alex L. Linhardt ISO Stipulation to Modify the Scheduling Order, # 2 Proposed Order Granting Stipulation to Modify the Scheduling Order)(Attorney Alexander L Linhardt added to party The GEO Group, Inc.(pty:dft))(Linhardt, Alexander) (Entered: 02/22/2019)

02/25/2019

124 ORDER by Judge Jesus G. Bernal, Granting Stipulation to Continue the Scheduling Order 119 . All Discovery cut-off (including hearing discovery motions 10/15/2019., Last date to conduct settlement conference is 11/13/2019., Trial continued to 2/25/2020 at 09:00 AM before Judge Jesus G. Bernal. Final Pretrial Conference and Hearings on Motions in Limine: 2/10/2020 at 9:00 a.m. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 03/10/2019)

02/26/2019

120 OPPOSITION re: MOTION for Order for Regarding Defendant's Ability to Redact and Withhold Documents 118 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration Jaclyn L. Schoen)(Linhardt, Alexander) (Entered: 02/26/2019)

03/04/2019

121 NOTICE of Appearance filed by attorney Christina Theresa Tellado on behalf of Defendant The GEO Group, Inc. (Attorney Christina Theresa Tellado added to party The GEO Group, Inc.(pty:dft))(Tellado, Christina) (Entered: 03/04/2019)

03/04/2019

122 DEFENDANT GEO'S ANSWER to Answer to Counterclaim,,, 117 filed by Defendant The GEO Group, Inc..(Tellado, Christina) (Entered: 03/04/2019)

03/04/2019

123 REPLY In Further Support of MOTION for Order for Regarding Defendant's Ability to Redact and Withhold Documents 118 filed by Plaintiffs Jaime Campos Fuentes, Raul Novoa. (Maya, Theodore) (Entered: 03/04/2019)

03/12/2019

125 REQUEST TO WITHDRAW ATTORNEY Scott A. Schipma, et al., Greenberg Traurig, LLP as counsel of record filed by defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order Request for Approval of Substitution or Withdrawal of Attorney) (Attorney Alexander L Linhardt added to party The GEO Group, Inc.(pty:cc)) (Linhardt, Alexander) (Entered: 03/12/2019)

03/13/2019

126 ORDER by Judge Jesus G. Bernal: Granting 125 Request to Substitute Attorney. Attorney Robert J Herrington; Alexander L Linhardt; Scott A Schipma; Jerry Stouck; Dawn A Ellison and Robert Sean Freund terminated. (twdb) (Entered: 03/13/2019)

03/15/2019

127 Notice of Appearance or Withdrawal of Counsel: for attorney Stacey Hsiang Chun Wang counsel for Defendant The GEO Group, Inc.. Adding Stacey Wang as counsel of record for The GEO Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant The GEO Group, Inc.. (Attorney Stacey Hsiang Chun Wang added to party The GEO Group, Inc.(pty:dft))(Wang, Stacey) (Entered: 03/15/2019)

03/18/2019

128 Notice of Appearance or Withdrawal of Counsel: for attorney Christina Theresa Tellado counsel for Defendant The GEO Group, Inc.. Christina Tellado is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant The GEO Group, Inc.. (Tellado, Christina) (Entered: 03/18/2019)

03/19/2019

129 COMPACT DISC Order for date of proceedings 3/19/2019 to 3/19/2019 filed by Defendant The GEO Group, Inc.. Court will contact Stacey H. Wang at stacey.wang@hklaw.com with any questions regarding this order. Transcript portion requested: Other: Motion re Discovery Dispute, March 19, 2019. FEE PAID. (Wang, Stacey) (Entered: 03/19/2019)

03/19/2019

133 MINUTES OF RE: MOTION FOR ORDER REGARDING DEFENDANTS ABILITY TOREDACT AND WITHHOLD DOCMENTS [ECF NO. 118] held before Magistrate Judge Shashi H. Kewalramani: In addition, Plaintiff may submit a 1-pageletter brief by Friday, March 22, 2019 regarding any new arguments that the parties would like to raise related to the discovery issue before the Court. Defendants will then have the opportunity to reply by Wednesday, March 27, 2019. Furthermore, the parties are to contact the Court soonafter to notify the Court of hearing date. Court Recorder: Court Smart. (dc) (Entered: 03/22/2019)

03/20/2019

130 APPLICATION of Non-Resident Attorney Carolyn P. Short to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23411645) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Wang, Stacey) (Entered: 03/20/2019)

03/21/2019

131 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Carolyn P. Short to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 097323411645) 130 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (lt) (Entered: 03/21/2019)

03/21/2019

132 COMPACT DISC Order for date of proceedings 2/12/2019 to 2/12/2019 filed by Defendant The GEO Group, Inc.. Court will contact Stacey H. Wang at stacey.wang@hklaw.com with any questions regarding this order. Transcript portion requested: Other: Discovery Dispute, February 12, 2019. FEE PAID. (Wang, Stacey) (Entered: 03/21/2019)

03/22/2019

134 COMPACT DISC Order for date of proceedings 03/19/2019 to 03/19/2019 filed by Plaintiff Jaime Campos Fuentes, Raul Novoa. Court will contact Hannah C. Lopez at hlopez@burnscharest.com with any questions regarding this order. Transcript portion requested: Other: Motion re Discovery Dispute - March 19, 2019. FEE PAID. (Wright, Lydia) (Entered: 03/22/2019)

03/22/2019

135 COMPACT DISC Order for date of proceedings 02/12/2019 to 02/12/2019 filed by Plaintiff Jaime Campos Fuentes, Raul Novoa. Court will contact Hannah C. Lopez at hlopez@burnscharest.com with any questions regarding this order. Transcript portion requested: Other: Discovery Dispute - February 12, 2019. FEE PAID. (Wright, Lydia) (Entered: 03/22/2019)

03/22/2019

136 ORDER by Judge Jesus G. Bernal: Granting 130 Non-Resident Attorney Carolyn P. Short APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group, Inc, Defendant, designating Stacey H. Wang as local counsel. (twdb) (Entered: 03/22/2019)

03/25/2019

137 DECLARATION of Stacey H. Wang re discovery hearing on March 19, 2019, filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Wang, Stacey) (Entered: 03/25/2019)

03/29/2019

138 TRANSCRIPT ORDER as to Defendant The GEO Group, Inc. for Court Smart (CS). Court will contact Stacey Wang at stacey.wang@hklaw.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Wang, Stacey) (Entered: 03/29/2019)

04/02/2019

139 SUBPOENA IN A CIVIL CASE issued to The City of Adelanto was served upon Terence Gallagher Esq., Partner on 3/29/19 by Personal Service service. (Wright, Lydia) (Entered: 04/02/2019)

04/03/2019

140 SCHEDULING NOTICE by Magistrate Judge Shashi H. Kewalramani re: MOTION for Order for Regarding Defendant's Ability to Redact and Withhold Documents 118 Motion set for hearing on 4/25/2019 at 10:00 AM before Magistrate Judge Shashi H. Kewalramani in Courtroom 3 of the 3rd Floor located at 3470 12th Street, Riverside, CA 92501THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 04/03/2019)

04/09/2019

141 TRANSCRIPT for proceedings held on 2/12/2019; 12:57 p.m. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/30/2019. Redacted Transcript Deadline set for 5/10/2019. Release of Transcript Restriction set for 7/8/2019. (at) (Entered: 04/10/2019)

04/09/2019

142 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/12/2019; 12:57 p.m. re Transcript 141 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY (Entered: 04/10/2019)

04/10/2019

143 SCHEDULING NOTICE re Discovery Dispute: Telephone Conference set for 4/11/2019 01:00 PM before Magistrate Judge Shashi H. Kewalramani. Dial: (888) 273-3658 Enter: Access Code: 1621321# Please bypass the message "to join conference as the host..." by pressing #THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 04/10/2019)

04/11/2019

144 MINUTES OF Telephone Conference re: discovery dispute held before Magistrate Judge Shashi H. Kewalramani: Following discussion between the Court and counsel, the Court determined that at this time the deadline for production of documents is premature. However, the Court will revisit the issue until the scheduled hearing of April 25, 2019. Until then, the parties are to file aprotective order by April 12, 2019. As such, the Court will take the matter under submission until after the scheduled April 25, 2019 hearing. Court Recorder: Court Smart 4. (dc) (Entered: 04/12/2019)

04/12/2019

145 STATEMENT PLAINTIFFS STATEMENT RE PROTECTIVE ORDER re: Telephone Conference,, 144 . (Attachments: # 1 Exhibit 1 Plaintiffs' Proposed Protective Order, # 2 Exhibit 2 - Correspondence with GEO re Protective Order)(Maya, Theodore) (Entered: 04/12/2019)

04/12/2019

146 STATEMENT DEFENDANT THE GEO GROUP, INC.S STATEMENT AND PROPOSED PROTECTIVE ORDER filed by Defendant The GEO Group, Inc. re: Telephone Conference,, 144 . (Attachments: # 1 Exhibit A - Defendants proposed order - redline from courts form, # 2 Exhibit B - Defendants Proposed Order, # 3 Exhibit C - April 11, 2019 Correspondence with Plaintiffs re Protective Order)(Wang, Stacey) (Entered: 04/12/2019)

04/16/2019

147 MINUTE ORDER IN CHAMBERS ORDER RE: PROTECTIVE ORDERS by Magistrate Judge Shashi H. Kewalramani: If the Plaintiff or Defendant has not yet providedtheir red-line word format version to SHK_Chambers@cacd.uscourts.gov, then they must do so no later than April 19, 2019. In addition to their individual red-line versions, the parties must also submit, no later than April 22, 2019, a single draft protective order incorporating the redlined changes in both of the individual versions, thereby containing both parties' requestedmodifications in one document. (dc) (Entered: 04/16/2019)

04/19/2019

148 APPLICATION of Non-Resident Attorney Shannon R. Armstrong to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23582993) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Wang, Stacey) (Entered: 04/19/2019)

04/22/2019

149 NOTICE OF LODGING filed JOINT NOTICE OF LODGING OF PROPOSED PROTECTIVE ORDER re Minutes of In Chambers Order/Directive - no proceeding held,, 147 (Attachments: # 1 Proposed Protective Order)(Wang, Stacey) (Entered: 04/22/2019)

04/22/2019

150 ORDER by Judge Jesus G. Bernal: granting 148 Non-Resident Attorney Shannon R. Armstrong APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group Inc Defendant, designating Stacey H. Wang as local counsel. (twdb) (Entered: 04/24/2019)

04/25/2019

152 MINUTES RE: MOTION FOR ORDER REGARDING DEFENDANTS ABILITY TOREDACT AND WITHHOLD DOCMENTS [ECF NO. 118] ANDPROTECTIVE ORDERS 118 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: Plaintiffs motion to compel the production of documents without any redactions based on relevancy is DENIED, WITHOUT PREJUDICE. The Court will separately issue a protective order based upon the terms agreed to by the parties and as discussed in court. If Plaintiffs seek to re-assert the motion based on improper redactions based onrelevancy, they may do so at a later date. Defense counsel is to contact the Plaintiffs no later than Tuesday, April 30, 2019 to provide a timeframe as to when the documents will be produced along with any accompanying log identifying the items redacted or otherwise withheld based on any claimof a privilege or other doctrine. Court Recorder: Court Smart No. 3. (dc) (Entered: 04/26/2019)

04/26/2019 151 STIPULATED PROTECTIVE ORDER by Magistrate Judge Shashi H. Kewalramani. (dc) (Entered: 04/26/2019)

04/30/2019

153 NOTICE OF LODGING filed (NOTICE OF LODGING DEFENDANT THE GEO GROUP, INC.S LETTER TO PLAINTIFFS REGARDING DOCUMENT PRODUCTION AND REDACTION LOG) re Order on Motion for Order re Discovery Matter,,,, Discovery Hearing,,, 152 (Wang, Stacey) (Entered: 04/30/2019)

05/13/2019

154 SUBPOENA IN A CIVIL CASE issued to DHS, Office for Civil Rights and Civil Liberties was served upon Michelle Perry, Attorney Adviser on 05/07/2019 by Personal service. (Wright, Lydia) (Entered: 05/13/2019)

05/13/2019

155 SUBPOENA IN A CIVIL CASE issued to DHS, Office of Inspector General was served upon Michelle Perry, Attorney Adviser on 05/07/2019 by Personal service. (Wright, Lydia) (Entered: 05/13/2019)

06/04/2019

156 APPLICATION of Non-Resident Attorney John M. Donohue to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-23860177) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Wang, Stacey) (Entered: 06/04/2019)

06/05/2019

157 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney John M. Donohue to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 097323860177) 156 . The following error(s) was/were found: Local Rule 83-2.1.3.3(a) Application not complete: state and/or federal courts to which the applicant has been admitted are not listed. (lt) (Entered: 06/05/2019)

06/06/2019

158 Amendment to APPLICATION of Non-Resident Attorney John M. Donohue to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 097323860177) 156 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order)(Wang, Stacey) (Entered: 06/06/2019)

06/06/2019

159 ORDER by Judge Jesus G. Bernal: Granting 156 Non-Resident Attorney John M. Donohue APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group Inc Defendant, designating Stacey H. Wang as local counsel. (twdb) (Entered: 06/06/2019)

08/01/2019

160 NOTICE of Appearance filed by attorney Ashley Elizabeth Calhoun on behalf of Defendant The GEO Group, Inc. (Attorney Ashley Elizabeth Calhoun added to party The GEO Group, Inc.(pty:dft))(Calhoun, Ashley) (Entered: 08/01/2019)

08/01/2019

161 APPLICATION of Non-Resident Attorney Colin L. Barnacle to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24186750) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Calhoun, Ashley) (Entered: 08/01/2019)

08/01/2019

162 APPLICATION of Non-Resident Attorney Christopher J. Eby to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24186820) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Calhoun, Ashley) (Entered: 08/01/2019)

08/01/2019

163 REQUEST TO WITHDRAW ATTORNEY Stacey H. Wang as counsel of record filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Wang, Stacey) (Entered: 08/01/2019)

08/06/2019

164 ORDER by Judge Jesus G. Bernal: granting 161 Non-Resident Attorney Colin L. Barnacle APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group Inc, Defendant, designating Ashley E. Calhoun as local counsel. (twdb) (Entered: 08/06/2019)

08/06/2019

165 ORDER by Judge Jesus G. Bernal: granting 162 Non-Resident Attorney Christopher J. Eby APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group Inc, Defendant, designating Ashley E. Calhoun as local counsel. (twdb) (Entered: 08/07/2019)

08/06/2019

166 ORDER by Judge Jesus G. Bernal: granting 163 Request to Substitute Attorney. Attorney Carolyn P Short; Stacey Hsiang Chun Wang; Shannon L Armstrong and John M Donohue terminated. (twdb) (Entered: 08/07/2019)

08/16/2019

167 NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint filed by plaintiffs Jaime Campos Fuentes, Raul Novoa(individually and on behalf of all others similarly situated). Motion set for hearing on 9/16/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order, # 2 Exhibit A - Third Amended Complaint) (Wright, Lydia) (Entered: 08/16/2019)

08/16/2019

168 NOTICE OF ERRATA filed by Counter Defendants Jaime Campos Fuentes, Raul Novoa, Raul Novoa, Plaintiffs Jaime Campos Fuentes, Raul Novoa. correcting NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint 167 (Wright, Lydia) (Entered: 08/16/2019)

08/16/2019

169 NOTICE OF MOTION AND MOTION to Leave to Amend the Scheduling Order and to Amend the Pleadings filed by plaintiffs Jaime Campos Fuentes, Raul Novoa(individually and on behalf of all others

similarly situated). Motion set for hearing on 9/16/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order, # 2 Exhibit A - Third Amended Complaint) (Wright, Lydia) (Entered: 08/16/2019)

08/19/2019

170 Notice of Appearance or Withdrawal of Counsel: for attorney Tina Wolfson counsel for Plaintiffs Jaime Campos Fuentes, Raul Novoa. Alex R. Straus is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Raul Novoa and Jaime Campos Fuentes. (Wolfson, Tina) (Entered: 08/19/2019)

08/23/2019

171 Joint STIPULATION to Amend Order,, Set/Reset Deadlines/Hearings,, Set/Reset Motion Hearing and R&R Deadlines, 124 filed by Plaintiffs Jaime Campos Fuentes, Raul Novoa. (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 08/23/2019)

08/26/2019

172 MOTION for Order for MOTION RE:INFORMAL DISCOVERY DISPUTE Telephonic Hearing set for 8/28/2019 at 10:00 AM before Magistrate Judge Shashi H. Kewalramani. (dc) (Entered: 08/26/2019)

08/26/2019

173 First NOTICE of Appearance filed by attorney Damien Paul DeLaney on behalf of Defendant The GEO Group, Inc. (Attorney Damien Paul DeLaney added to party The GEO Group, Inc.(pty:dft))(DeLaney, Damien) (Entered: 08/26/2019)

08/26/2019

174 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Leave to file Third Amended Complaint 167 , NOTICE OF MOTION AND MOTION to Leave to Amend the Scheduling Order and to Amend the Pleadings 169 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order Denying Plaintiff's Motion for Leave to Amend the Scheduling Order and to Amend the Pleadings)(DeLaney, Damien) (Entered: 08/26/2019)

08/26/2019

175 First NOTICE of Appearance filed by attorney Steven Phillip Gallagher on behalf of Defendant The GEO Group, Inc. (Attorney Steven Phillip Gallagher added to party The GEO Group, Inc.(pty:dft))(Gallagher, Steven) (Entered: 08/26/2019)

08/26/2019

176 CERTIFICATE OF SERVICE filed by Defendant The GEO Group, Inc., re MEMORANDUM in Opposition to Motion, 174 Proposed Order Denying Plaintiff's Motion [174-1] served on 08/26/19. (DeLaney, Damien) (Entered: 08/26/2019)

08/28/2019

177 Notice of Appearance or Withdrawal of Counsel: for attorney Ruhandy Glezakos counsel for Plaintiffs Jaime Campos Fuentes, Raul Novoa. Adding Ruhandy Glezakos as counsel of record for Plaintiffs Raul

Novoa and Jaime Campos Fuentes for the reason indicated in the G-123 Notice. Filed by Plaintiffs Raul Novoa and Jaime Campos Fuentes. (Attorney Ruhandy Glezakos added to party Jaime Campos Fuentes(pty:pla), Attorney Ruhandy Glezakos added to party Raul Novoa(pty:pla))(Glezakos, Ruhandy) (Entered: 08/28/2019)

08/28/2019

178 MINUTES OF RE 172 Motion for Order; Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani: Following discussion between the Court and counsel, the Court set the following on the record:1.) Defense counsel is to provide a date by which the amended responses are to be provide to opposing counsel no later than close of business on Thursday, August 29, 2019. 2.) The parties are to provide their Rule 37 Joint Stipulation to the Court no later than 12:00 p.m. September 3, 2019.3.) The Court sets a hearing for September 4, 2019 at 1:00 p.m. in the Riverside Courthouse. Court Recorder: Court Smart. (dc) (Entered: 08/28/2019)

08/30/2019

180 ORDER by Judge Jesus G. Bernal, Granting Stipulation to Modify The Scheduling Order 171 . Expert Disclosure-initial 1/15/2020, Expert Disclosure-rebuttal 1/29/2020, Last Day to Hear Non Discovery 4/30/2020, Discovery cut-off 2/12/2020., Last date to conduct settlement conference is 3/12/2020., Trial continued to 6/23/2020 at 09:00 AM before Judge Jesus G. Bernal., Pretrial Conference set for 6/8/2020 at 11:00 AM before Judge Jesus G. Bernal. (twdb) (Entered: 09/03/2019)

09/03/2019

179 NOTICE OF MOTION AND MOTION to Compel Responses to Requests for Production filed by Plaintiffs Jaime Campos Fuentes, Raul Novoa. Motion set for hearing on 9/4/2019 at 01:00 PM before Magistrate Judge Shashi H. Kewalramani. (Attachments: # 1 Joint Stipulation)(Maya, Theodore) (Entered: 09/03/2019)

09/03/2019

181 REPLY in support NOTICE OF MOTION AND MOTION to Leave to Amend the Scheduling Order and to Amend the Pleadings 169 filed by Plaintiffs Jaime Campos Fuentes, Raul Novoa. (Attachments: # 1 Exhibit A)(Wright, Lydia) (Entered: 09/03/2019)

09/04/2019

182 MINUTES OF Discovery Hearing held before Magistrate Judge Shashi H. Kewalramani. (SEE ORDER FOR FURTHER DETAILS) With respect to the remaining RFPs as identified on the record, the Court sets a further hearing for Monday, September 16, 2019 at 1:00 p.m. IT IS SO ORDERED. Court Recorder: CS-RS-4. (iva) (Entered: 09/05/2019)

09/13/2019

183 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: (1) GRANTING Leave to File a Third Amended Complaint (Dkt. Nos. 167 , 169 ); and (2) VACATING the September 16, 2019 Hearing.

Plaintiffs shall file their third amended complaint no later than September 23, 2019. (twdb) (Entered: 09/13/2019)

09/16/2019

184 THIRD AMENDED COMPLAINT against Defendant The GEO Group, Inc. amending Amended Complaint/Petition 108 , filed by Plaintiffs Jaime Campos Fuentes, Raul Novoa(individually and on behalf of all others similarly situated), Abdiaziz Karim, Ramon Mancia(Attorney Lydia A Wright added to party Abdiaziz Karim(pty:pla), Attorney Lydia A Wright added to party Ramon Mancia(pty:pla))(Wright, Lydia) (Entered: 09/16/2019)

09/16/2019

185 MINUTES OF DISCOVERY DISPUTEheld before Magistrate Judge Shashi H. Kewalramani: The Court held a continued conference as previously scheduled regarding the remainingRFP issues. Attorney Theodore W. Maya appeared on behalf of Plaintiffs and Robert Andrew Free appeared by telephone. Attorney Damien DeLaney appeared on behalf of Defendants. Following discussion between the Court and counsel, the Court issued its tentative ruling on several of the RFPs on the record.With respect to the remaining RFPs as identified on the record, the Court sets a further hearing for Friday, September 27, 2019 at 2:30 p.m. Court Recorder: Court Smart. (dc) (Entered: 09/17/2019)

09/18/2019

186 Joint STIPULATION to Exceed Page Limitation as to Plaintiffs' Motion for Class Certification, Joint STIPULATION for Extension of Time to File Response and Reply as to Plaintiffs' Motion for Class Certification filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 09/18/2019)

09/19/2019

187 ORDER by Judge Jesus G. Bernal, Granting Stipulation to Extend Page Limits and Set Briefing Schedule for Plaintiffs' Motion for Class Certification 186 . Plaintiffs may file a memorandum of points and authorities up to 35 pages in support of their Motion for Class Certification. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 09/20/2019)

09/24/2019

188 COMPACT DISC Order for date of proceedings 9/4/2019 to 9/4/2019 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Court will contact Hannah C. Lopez at hlopez@burnscharest.com with any questions regarding this order. Transcript portion requested: Other: Discovery Dispute - September 4, 2019. FEE PAID. (Wright, Lydia) (Entered: 09/24/2019)

09/24/2019

189 COMPACT DISC Order for date of proceedings 9/16/2019 to 9/16/2019 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Court will contact Hannah C. Lopez at hlopez@burnscharest.com with any questions regarding this order.

Transcript portion requested: Other: Discovery Dispute - September 16, 2019. FEE PAID. (Wright, Lydia) (Entered: 09/24/2019)

09/25/2019

190 COMPACT DISC Order for date of proceedings 9/4/2019 to 9/4/2019 filed by Defendant and Counter Claimant The GEO Group, Inc.. Court will contact Damien DeLaney at damien.delaney@akerman.com with any questions regarding this order. Transcript portion requested: Other: 9/4/2019 Discovery Dispute. FEE PAID. (DeLaney, Damien) (Entered: 09/25/2019)

09/25/2019

191 COMPACT DISC Order for date of proceedings 9/16/19 to 9/16/19 filed by Defendant and Counter Claimant The GEO Group, Inc.. Court will contact Damien DeLaney at damien.delaney@akerman.com with any questions regarding this order. Transcript portion requested: Other: 9/16/19 Discovery Dispute. FEE PAID. (DeLaney, Damien) (Entered: 09/25/2019)

09/27/2019

192 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 11/18/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order, # 3 Declaration of Raul Novoa, # 4 Declaration of Jaime Campos Fuentes, # 5 Declaration of Abdiaziz Karim, # 6 Declaration of Ramon Mancia, # 7 Declaration of Gagandeep Marwaha, # 8 Declaration of Fernando Munoz, # 9 Declaration of Hannah Lopez, # 10 Declaration of Daniel Charest, # 11 Declaration of Tina Wolfson, # 12 Declaration of R. Andrew Free) (Wright, Lydia) (Entered: 09/27/2019)

09/27/2019

193 DECLARATION of Lydia Wright in support of NOTICE OF MOTION AND MOTION to Certify Class 192 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34)(Wright, Lydia) (Entered: 09/27/2019)

09/27/2019

194 STIPULATION for Extension of Time to File Response as to Amended Complaint/Petition, 184 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order [Proposed] Order Granting

Stipulation to Extend time to Respond to Third Amended Complaint)(DeLaney, Damien) (Entered: 09/27/2019)

09/27/2019

195 ORDER by Judge Jesus G. Bernal, Granting Stipulation for Extension of Time to File Response/Reply to Third Amended Complaint 194 . Defendant may file its response to Plaintiffs Third Amended Complaint, through and including October 14, 2019. (twdb) (Entered: 09/27/2019)

09/27/2019

196 MINUTES OF DISCOVERY DISPUTE RE: MOTION TO COMPEL RESPONSES TOREQUESTS FOR PRODUCTION [ECF No. 179] held before Magistrate Judge Shashi H. Kewalramani: With respect to the RFPs for which Plaintiff tentatively withdrew motions to compel or objections tentatively withdrawn by Defendant, counsel are to notify the Court no later than October 7, 2019 regarding their final positions regarding the tentatively withdrawn RFPs and objections. The Court will then proceed accordingly with its further ruling. Court Recorder: Court Smart. (dc) (Entered: 09/30/2019)

10/04/2019

197 COMPACT DISC Order for date of proceedings 9/27/2019 to 9/27/2019 filed by Plaintiff Raul Novoa. Court will contact Promise Tadesse at ptadesse@ahdootwolfson.com with any questions regarding this order. Transcript portion requested: FEE PAID. (Maya, Theodore) (Entered: 10/04/2019)

10/07/2019

198 STATEMENT of Re MOTION to Compel Responses to Requests for Production 179 PLAINTIFFS STATEMENT RE MOTION TO COMPEL DISCOVERY RESPONSES (ECF 179, 196) filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attorney Theodore W Maya added to party Abdiaziz Karim(pty:pla), Attorney Theodore W Maya added to party Ramon Mancia(pty:pla))(Maya, Theodore) (Entered: 10/07/2019)

10/09/2019

199 Notice of Electronic Filing re Statement (Motion related), 198 e-mailed to Steven Gallagher bounced due to No longer with firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY (Entered: 10/09/2019)

10/15/2019

200 ANSWER to Amended Complaint/Petition, 184 Defendant The GEO Group, Inc.'s Answer and Counterclaim to Plaintiffs' Third Amended Complaint for Declaratory and Injunctive Relief and Damages, COUNTERCLAIM against Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa(individually and on behalf of all others similarly situated) filed by Defendant and Counterclaimant The GEO

Group, Inc..(Attorney Damien Paul DeLaney added to party The GEO Group, Inc.(pty:cc))(DeLaney, Damien) (Entered: 10/15/2019)

10/23/2019

201 EX PARTE APPLICATION for Extension of Time to File Response to Plaintiffs' Motion for Class Certification filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Damien P. DeLaney in Support of Defendant The GEO Group, Inc.'s Ex Parte Application for Extension of Time to Respond to Plaintiffs' Motion for Class Certification, # 2 Proposed Order re Defendant The GEO Group, Inc.'s Ex Parte Application for Extension of Time to Respond to Plaintiffs' Motion for Class Certification) (DeLaney, Damien) (Entered: 10/23/2019)

10/24/2019

202 OPPOSITION to EX PARTE APPLICATION for Extension of Time to File Response to Plaintiffs' Motion for Class Certification 201 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Lydia Wright)(Wright, Lydia) (Entered: 10/24/2019)

10/25/2019

203 Notice of Appearance or Withdrawal of Counsel: for attorney Steven Phillip Gallagher counsel for Defendant The GEO Group, Inc.. Steven Gallagher is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant The GEO Group, Inc.. (Gallagher, Steven) (Entered: 10/25/2019)

10/28/2019

204 ANSWER to Answer to Complaint (Attorney Civil Case Opening),,, Counterclaim,, 200 Plaintiffs' Answer and Affirmative Defenses to GEO's Conditional Counterclaim to Plaintiffs' Third Amended Complaint for Declaratory and Injunctive Relief and Damages filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa.(Wright, Lydia) (Entered: 10/28/2019)

10/28/2019

205 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Certify Class 192 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 Declaration of Damien P. DeLaney in Support of Defendant The GEO Group, Inc.'s Opposition to Plaintiffs' Motion for Class Certification, # 2 Declaration of Dan Ragsdale, in Support of Defendant The GEO Group, Inc.'s Opposition to Plaintiffs' Motion for Class Certification with Exhibit, # 3 Declaration of Gregory Hillers in Support of Defendant The GEO Group, Inc.'s Opposition to Plaintiffs' Motion for Class Certification With Exhibit)(DeLaney, Damien) (Entered: 10/28/2019)

10/28/2019 206 EXHIBIT Exhibit A through Exhibit I to NOTICE OF MOTION AND MOTION to Certify Class 192 Volume I Exhibits to the Declaration of

Damien P. DeLaney in Support of Defendant The GEO Group, Inc.'s Opposition to Plaintiffs' Motion for Class Certification filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(DeLaney, Damien) (Entered: 10/28/2019)

10/28/2019

207 EXHIBIT Exhibit J through Exhibit R; Exhibit U to NOTICE OF MOTION AND MOTION to Certify Class 192 Volume II Exhibits to the Declaration of Damien P. DeLaney in Support of Defendant The GEO Group, Inc.'s Opposition to Plaintiffs' Motion for Class Certification filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N, # 6 Exhibit O, # 7 Exhibit P, # 8 Exhibit Q, # 9 Exhibit R, # 10 Exhibit U)(DeLaney, Damien) (Entered: 10/28/2019)

10/29/2019

208 ORDER by Judge Jesus G. Bernal. Defendant The GEO Group Inc's Ex Parte Application for Extension of Time to Respond to Plaintiff's Motion for Class Certification is DENIED. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 10/29/2019)

11/04/2019

209 REPLY in support of NOTICE OF MOTION AND MOTION to Certify Class 192 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Wright, Lydia) (Entered: 11/04/2019)

11/04/2019

210 DECLARATION of Lydia Wright re Reply (Motion related) 209 Declaration of Lydia Wright in support of Plaintiffs' Reply In Support of Class Certification filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Wright, Lydia) (Entered: 11/04/2019)

11/04/2019

211 NOTICE OF MOTION AND MOTION to Exclude the Declarations of Munoz-Aguilera and Marwaha filed by Defendant and CounterClaimant The GEO Group, Inc.. Motion set for hearing on 12/2/2019 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order Granting Defendant The GEO Group, Inc.'s Motion to Exclude Declarations of Munoz-Aguilera and Marwaha) (DeLaney, Damien) (Entered: 11/04/2019)

11/05/2019

212 NOTICE OF ERRATA filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. correcting Exhibit to Motion,, 206 Defendant The GEO Group, Inc.'s Notice of Errata of Exhibit D to the Declaration of Damien P. DeLaney Filed as Document

206-4 (Attachments: # 1 Exhibit D to the Declaration of Damien P. DeLaney)(DeLaney, Damien) (Entered: 11/05/2019)

11/08/2019

213 OPPOSITION to NOTICE OF MOTION AND MOTION to Exclude the Declarations of Munoz-Aguilera and Marwaha 211 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Lydia Wright and Exhibits)(Wright, Lydia) (Entered: 11/08/2019)

11/11/2019 214 DEMAND for Jury Trial filed by Defendant/Counter-Claimant The GEO Group, Inc... (DeLaney, Damien) (Entered: 11/11/2019)

11/12/2019

215 DEFENDANT/COUNTER-CLAIMANT THE GEO GROUP, INC.'S NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re NOTICE OF MOTION AND MOTION to Certify Class 192 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 Exhibit A)(DeLaney, Damien) (Entered: 11/12/2019)

11/12/2019

216 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Exclude the Declarations of Munoz-Aguilera and Marwaha 211 Defendant The GEO Group, Inc.'s Reply in Support of its Motion to Exclude Declarations of Munoz-Aguilera and Marwaha filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 Exhibit A)(DeLaney, Damien) (Entered: 11/12/2019)

11/13/2019

217 SUBPOENA IN A CIVIL CASE issued to Department of Homeland Security Office of Inspector General was served upon Aditi Shah, Authorized Agent for Department of Homeland Security on 11/13/2019 by Personal service. (Attachments: # 1 Exhibit A)(Wright, Lydia) (Entered: 11/13/2019)

11/18/2019

218 SUBPOENA IN A CIVIL CASE issued to Department of Homeland Security Office of Inspector General was served upon Andrew Szilagyi on 11/15/2019 by Personal service. (Attachments: # 1 Exhibit A)(Wright, Lydia) (Entered: 11/18/2019)

11/18/2019

222 MINUTES OF Motion Hearing held before Judge Jesus G. Bernal: Hearing on Plaintiffs' Motion for Class Certification (Dkt. No. 192 ). Counsel make their appearance. The Court hears argument. A separate order will issue ruling on the matter. Court Reporter: Phyllis A. Preston. (twdb) (Entered: 11/26/2019)

11/20/2019 219 TRANSCRIPT ORDER as to Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa for Court Reporter. Court

will contact Hannah C. Lopez at hlopez@burnscharest.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Wright, Lydia) (Entered: 11/20/2019)

11/20/2019

220 TRANSCRIPT ORDER as to Defendant and Counter-Claimant The GEO Group, Inc. for Court Reporter. Court will contact Maxine Maritz at maxine.maritz@akerman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (DeLaney, Damien) (Entered: 11/20/2019)

11/21/2019

221 SUBPOENA IN A CIVIL CASE issued to The City of Adelanto was served upon Amanda Miller, Customer Service Representative on 11/21/2019 by Personal service. (Attachments: # 1 Notice to Subpoena, # 2 Rider A to Subpoena)(Wright, Lydia) (Entered: 11/21/2019)

11/26/2019

223 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) GRANTING Plaintiffs Motion for Class Certification (Dkt. No. 192 ); (2) DENYING Defendants Motion to Exclude (Dkt. No. 211 ); and (3) VACATING the December 2, 2019 Hearing. A separate class certification order will be filed concurrently herewith, defining the classes and appointing class counsel. (twdb) (Entered: 11/26/2019)

12/04/2019

226 MINUTES OF TELEPHONIC PROCEEDINGS RE: DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani: Following discussion between the Court and counsel, the parties are to furthermeet and confer to discuss and propose a briefing schedule related to the proposed deposition of Defendants CEO, Mr. Zoley.With respect to the production of documents, the parties may file their Motion to Compel pursuant to Local Civil Rule 37. Court Recorder: XTR. (dc) (Entered: 12/05/2019)

12/05/2019

224 TRANSCRIPT for proceedings held on 11/18/19. Court Reporter: Phyllis Preston, stenojag@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/26/2019. Redacted Transcript Deadline set for 1/6/2020. Release of Transcript Restriction set for 3/4/2020. (Preston, Phyllis) (Entered: 12/05/2019)

12/05/2019

225 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/18/19 re Transcript 224 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Preston, Phyllis) TEXT ONLY ENTRY (Entered: 12/05/2019)

12/06/2019

227 MINUTES (IN CHAMBERS) ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL RESPONSES TO PLAINTIFFS' REQUEST FOR PRODUCTION NOS. 10, 15, AND 19 179 by Magistrate Judge Shashi H. Kewalramani. The Court GRANTS Plaintiffs' motion to compel a complete response to RFP No. 10 The Court DENIES Plaintiffs' motion to compel a response to RFP No. 15 The Court GRANTS IN PART and DENIES IN PART Plaintiffs' motion to compel a response to RFP No. 19. (see document for further details) (hr) (Entered: 12/06/2019)

12/06/2019

228 Joint STIPULATION to Clarify Protective Order Briefing Schedule filed by Defendant and Counter-Claimant The GEO Group, Inc..(DeLaney, Damien) (Entered: 12/06/2019)

12/06/2019

229 ORDER by Judge Jesus G. Bernal, Granting Plaintiffs' NOTICE OF MOTION AND MOTION to Certify Class 192 . SEE DOCUMENT FOR FURTHER INFORMATION. NUNC PRO TUNC AS OF 11/26/19. (twdb) (Entered: 12/06/2019)

12/10/2019

230 NOTICE OF MOTION AND MOTION for Protective Order filed by Defendant The GEO Group, Inc.. (Barnacle, Colin) (Entered: 12/10/2019)

12/10/2019

231 DECLARATION of Colin L. Barnacle in Support of MOTION for Protective Order 230 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Exhibit A - Conferral, # 2 Exhibit B - Venturella Depo Exhibit 15, # 3 Exhibit C - Excerpt of Venturella Deposition, # 4 Exhibit D - ICE-FOIA2018_0004006-0004015, # 5 Exhibit E Declaration of George C. Zoley)(Barnacle, Colin) (Entered: 12/10/2019)

12/11/2019

232 APPLICATION of Non-Resident Attorney Adrienne Scheffey to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $400.00 Previously Paid on 12/11/2019, Receipt No. 26M3PK7N) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Calhoun, Ashley) (Entered: 12/11/2019)

12/16/2019

233 OPPOSITION to MOTION for Protective Order 230 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of R Andrew Free, # 2 Exhibit A - Email from Flores to Hillers, # 3 Exhibit B - Email from Turner to Flores, # 4 Exhibit C - Janecka Emails re Zoley/Flores Call, # 5 Exhibit D City Emails & Correspondence re Zoley Call, # 6 Exhibit E - Zoley Termination Memo to City, # 7 Exhibit F - City Termination Ltrs to ICE, GEO, # 8 Exhibit G - Email from Zoley to Flores, Venturella, # 9 Exhibit H - Venturella Dep Excerpt, # 10 Exhibit I - Janecka 30b6

Rough Dep Transcript, # 11 Exhibit J - Amended 30b6 Dep Notice)(Attorney Robert Andrew Free added to party Jaime Campos Fuentes(pty:pla), Attorney Robert Andrew Free added to party Abdiaziz Karim(pty:pla), Attorney Robert Andrew Free added to party Ramon Mancia(pty:pla))(Free, Robert) (Entered: 12/16/2019)

12/17/2019

234 ORDER by Judge Jesus G. Bernal: Granting 232 Non-Resident Attorney Adrienne Scheffey APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group Inc, Defendant, designating Ashley E. Calhoun as local counsel. (twdb) (Entered: 12/17/2019)

12/20/2019

235 REPLY In Support MOTION for Protective Order 230 Defendant The GEO Group, Inc.'s Reply in Support of Motion for Protective Order filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Colin Barnacle in Support of Defendant The GEO Group, Inc.'s Motion for Protective Order, # 2 Exhibit A to the Declaration of Colin Barnacle)(Barnacle, Colin) (Entered: 12/20/2019)

12/23/2019

236 NOTICE OF MOTION AND MOTION to Stay Case pending Until the Ninth Circuit Rules on Defendant's Petition for Permission to Appeal Pursuant to Fed. R. Civ. Proc. 23(f) and, if the Petition is Granted, The GEO Group's Appeal is Decided filed by Defendant The GEO Group, Inc.. Motion set for hearing on 1/27/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Declaration of Michael L. Gallion in Support of Defendant The GEO Group, Inc.'s Motion to Stay Proceedings Pursuant to Fed. R. Civ. Proc. 23(f) With Exhibits, # 2 Proposed Order Granting Defendant's Motion to Stay the Proceedings Pursuant to Fed. R. Civ. P. 23(f)) (Attorney Michael L Gallion added to party The GEO Group, Inc.(pty:dft)) (Gallion, Michael) (Entered: 12/23/2019)

12/23/2019

237 EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Stay Case pending Until the Ninth Circuit Rules on Defendant's Petition for Permission to Appeal Pursuant to Fed. R. Civ. Proc. 23(f) and, if the Petition is Granted, The GEO Group's Appeal is Decided 236 to To Be Determined filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Michael L. Gallion in Support of Defendant The GEO Group, Inc.'s Ex Parte Application Requesting Shortened Time on Motion to Stay With Exhibit, # 2 Proposed Order on Defendant The GEO Group, Inc.'s Ex Parte Application Requesting Shortened Time on Motion to Stay) (Gallion, Michael) (Entered: 12/23/2019)

12/26/2019

238 NOTICE OF NON-OPPOSITION EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Stay Case pending Until the Ninth Circuit Rules on

Defendant's Petition for Permission to Appeal Pursuant to Fed. R. Civ. Proc. 23(f) and, if the Petition 237 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Wright, Lydia) (Entered: 12/26/2019)

12/26/2019

239 NOTICE OF MOTION AND MOTION to Compel Production of Documents, Privilege Log, and Compliance with Designation Rules filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 1/21/2020 at 10:00 AM before Magistrate Judge Shashi H. Kewalramani. (Attachments: # 1 Joint Stipulation, # 2 Declaration of Theodore Maya)(Maya, Theodore) (Entered: 12/26/2019)

12/26/2019

240 ORDER by Judge Jesus G. Bernal: Granting 237 EX PARTE APPLICATION to Shorten Time on Motion to Stay. Any response or opposition to the Defendants Motion to Stay Proceedings Pending Resolution of Rule 23(f) Petition(Motion to Stay) shall be filed on or before December 30, 2019, with Defendant's reply brief to be filed on or before January 3, 2020. (twdb) (Entered: 12/27/2019)

12/30/2019

241 OPPOSITION to NOTICE OF MOTION AND MOTION to Stay Case pending Until the Ninth Circuit Rules on Defendant's Petition for Permission to Appeal Pursuant to Fed. R. Civ. Proc. 23(f) and, if the Petition is Granted, The GEO Group's Appeal is Decided 236 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Lydia Wright with Exhibits)(Wright, Lydia) (Entered: 12/30/2019)

01/02/2020

242 MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANT'S MOTION FOR PROTECTIVE ORDER by Magistrate Judge Shashi H. Kewalramani: RE 230 Motion for Protective Order. For the reasons previously set forth, the Court finds Defendant has carried its burden and GRANTS Defendant's Motion for Protective Order. (dc) (Entered: 01/02/2020)

01/03/2020

243 REPLY in Support of NOTICE OF MOTION AND MOTION to Stay Case pending Until the Ninth Circuit Rules on Defendant's Petition for Permission to Appeal Pursuant to Fed. R. Civ. Proc. 23(f) and, if the Petition is Granted, The GEO Group's Appeal is Decided 236 filed by Defendant The GEO Group, Inc.. (Gallion, Michael) (Entered: 01/03/2020)

01/06/2020

244 STIPULATION for Order to Modify the Scheduling Order filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order Granting Joint Stipulation to Modify the Scheduling Order)(Gallion, Michael) (Entered: 01/06/2020)

01/07/2020

245 SUPPLEMENT to MOTION to Compel Production of Documents, Privilege Log, and Compliance with Designation Rules 239 filed by Defendant The GEO Group, Inc.. (Gallion, Michael) (Entered: 01/07/2020)

01/08/2020

247 ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation to Modify the Scheduling Order 244 . NOTE: CHANGES MADE BY THE COURT. ( All Discovery cut-off 9/14/2020., Last date to conduct settlement conference is 10/12/2020., Trial set for 2/2/2021 09:00 AM before Judge Jesus G. Bernal., Pretrial Conference set for 1/4/2021 11:00 AM before Judge Jesus G. Bernal.) (twdb) (Entered: 01/10/2020)

01/09/2020

246 SUPPLEMENT to MOTION to Compel Production of Documents, Privilege Log, and Compliance with Designation Rules 239 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Supplemental Declaration of Theodore Maya)(Maya, Theodore) (Entered: 01/09/2020)

01/15/2020

248 DEFENDANT THE GEO GROUP, INC.'S NOTICE OF WITHDRAWAL OF ITS MOTION TO STAY THE PROCEEDINGS PURSUANT TO FED. R. CIV. P. 23(F) re NOTICE OF MOTION AND MOTION to Stay Case pending Until the Ninth Circuit Rules on Defendant's Petition for Permission to Appeal Pursuant to Fed. R. Civ. Proc. 23(f) and, if the Petition is Granted, The GEO Group's Appeal is Decided 236 filed by Defendant The GEO Group, Inc.. (Gallion, Michael) (Entered: 01/15/2020)

01/17/2020

249 SCHEDULING VACATING NOTICE The Motion to Compel Production of Document 239 hearing previously scheduled for January 21, 2020 10:00 a.m. has been vacated. No oral argument is required at this time. The Court has taken the matter under submission and will issue its ruling on a separate cover. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 01/17/2020)

02/24/2020

250 APPLICATION of Non-Resident Attorney Lawrence E. Vincent to Appear Pro Hac Vice on behalf of Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa (Pro Hac Vice Fee - $400 Previously Paid on 2/21/2020, Receipt No. 25462569) filed by Plaintiff Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order) (Maya, Theodore) (Entered: 02/24/2020)

02/26/2020

251 ORDER by Judge Jesus G. Bernal: Granting 250 Non-Resident Attorney E. Lawrence Vincent APPLICATION to Appear Pro Hac Vice on behalf of Raul Novoa, et al., Plaintiffs, designating Theodore W. Maya as local counsel. (twdb) (Entered: 02/27/2020)

04/06/2020

252 EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Memorandum of Points and Authorities In Support of Plaintiffs' Ex Parte Application for Temporary Restraining Order, # 2 Proposed Order, # 3 Proposed Order to Show Cause) (Attorney Daniel H Charest added to party Abdiaziz Karim(pty:pla), Attorney Daniel H Charest added to party Ramon Mancia(pty:pla)) (Charest, Daniel) (Entered: 04/06/2020)

04/06/2020

253 DECLARATION of Daniel H. Charest in support of EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class 252 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Charest, Daniel) (Entered: 04/06/2020)

04/06/2020

254 NOTICE OF MOTION AND MOTION for Discovery regarding Expedited Discovery Related to Plaintiffs' Motion for Preliminary Injunction filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 5/4/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Exhibit A (Expedited Discovery Requests), # 2 Exhibit B (Notice of Expedited Rule 30(b)(6) Deposition of The GEO Group, Inc.))(Charest, Daniel) (Entered: 04/06/2020)

04/08/2020

255 Opposition re: EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class 252 filed by Defendant The GEO Group, Inc.. (Gallion, Michael) (Entered: 04/08/2020)

04/08/2020

256 DECLARATION of David Van Pelt in opposition to EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class 252 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Exhibit 1 Declaration of James Janecka, # 2 Exhibit 2 - Declaration of Dawn Ceja, # 3 Exhibit 3 - Declaration of David Cole, # 4 Exhibit 4 Declaration of Stephen Langford, # 5 Exhibit 5 - Declaration of Gabriel Valdez)(Gallion, Michael) (Entered: 04/08/2020)

04/09/2020

257 SCHEDULING NOTICE by Judge Jesus G. Bernal. The Court hereby sets a hearing on Plaintiffs' Application for Temporary Restraining Order (Dkt No. 252). The hearing will be conducted by telephone on April 14, 2020, at 2:00 p.m. To obtain the telephone conference number counsel are directed to contact the courtroom deputy clerk at maynor_galvez@cacd.uscourts.gov. IT IS SO ORDERED. THERE IS

NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 04/09/2020)

04/10/2020

258 OPPOSITION re: MOTION for Discovery regarding Expedited Discovery Related to Plaintiffs' Motion for Preliminary Injunction 254 filed by Defendant The GEO Group, Inc.. (Gallion, Michael) (Entered: 04/10/2020)

04/12/2020

259 REPLY in Support EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class 252 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Charest, Daniel) (Entered: 04/12/2020)

04/12/2020

260 DECLARATION of Daniel H. Charest in further support of Reply and EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class 252 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA)(Charest, Daniel) (Entered: 04/12/2020)

04/13/2020

261 SCHEDULING NOTICE by Judge Jesus G. BernalThe Court hereby continues the hearing on Plaintiffs' Application for Temporary Restraining Order (Dkt No. 252)from 4/14/2020 to 4/16/2020 at 2:00 p.m. The hearing will be conducted by telephone. To obtain the telephone conference number counsel are directed to contact the courtroom deputy clerk at maynor_galvez@cacd.uscourts.gov. IT IS SO ORDEREDTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 04/13/2020)

04/13/2020

262 NOTICE Of Supplemental Declaration filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Exhibit 1 - Declaration of Eric Staiger in Support of Defendant The GEO Group, Inc.'s Opposition to Plaintiffs' Ex Parte Application for a Temporary Restraining Order Requiring COVID-19 Prevention Measures for Nationwide HUSP Class)(Gallion, Michael) (Entered: 04/13/2020)

04/16/2020

263 MINUTES OF Telephonic Hearing on Plaintiff's Ex-Parte Application for TRO (Dkt. No. 252 ) held before Judge Jesus G. Bernal: The Court hears argument. The Court orders both sides to submit further briefs on

specific issues requested by the Court no later than noon April 17, 2020. Thereafter, the matter will stand submitted. Court Reporter: Phyllis A. Preston. (twdb) (Entered: 04/16/2020)

04/17/2020

264 SUPPLEMENT to EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class 252 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Charest, Daniel) (Entered: 04/17/2020)

04/17/2020

265 SUPPLEMENT to EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class 252 filed by Defendant The GEO Group, Inc.. (Gallion, Michael) (Entered: 04/17/2020)

04/17/2020

266 DECLARATION of of David Van Pelt in Opposition EX PARTE APPLICATION for Temporary Restraining Order as to Requiring COVID-19 Prevention Measures for Nationwide HUSP Class 252 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gallion, Michael) (Entered: 04/17/2020)

04/17/2020

267 NOTICE OF ERRATA filed by Defendant The GEO Group, Inc.. correcting Supplement(Motion related) 265 (Attachments: # 1 Corrected Supplemental Response in Support of Opposition to Plaintiffs' Ex Parte TRO)(Gallion, Michael) (Entered: 04/17/2020)

04/22/2020

268 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) DENYING Plaintiffs Ex Parte Application for Temporary Restraining Order (Dkt. No. 252 ); and (2) DENYING Plaintiffs Motion for Expedited Discovery (Dkt. No. 254 ). (twdb) (Entered: 04/22/2020)

05/13/2020

269 TELEPHONIC SCHEDULING NOTICE. Telephone Conference set for 5/15/2020 11:00 AM before Magistrate Judge Shashi H. Kewalramani. Dial:(888) 273-3658 Access Code: 1621321#Please bypass further messages by pressing #.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 05/13/2020)

05/15/2020

270 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani: Following discussion between the Court and counsel, the parties are to further meet and confer to discuss the RFPs that were discussed on the record for a resolution. Furthermore, the Court encouraged counsel to revisit the RFPs that were not discussed on the record, specifically RFP Nos. 30, 32, 33, 34 for a resolution as well. The Court sets a further conference for Wednesday, May 20, 2020

at 10:00 a.m. Court Recorder: Digital Recording. (dc) (Entered: 05/15/2020)

05/19/2020

271 DECLARATION of Theodore Maya in support of MOTION to Compel Production of Documents, Privilege Log, and Compliance with Designation Rules 239 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Maya, Theodore) (Entered: 05/19/2020)

05/20/2020

272 MINUTES OF TELEPHONIC PROCEEDINGS RE: FURTHER DISCOVERY DISPUTE held before Magistrate Judge Shashi H. Kewalramani: Upon review of those orders andopinions, the Court will either contact the parties to determine an appropriate course of action or will issue any appropriate orders for further briefing or participation by party/parties not present in this litigation and whose objections are being asserted. Court Recorder: Digital Recording. (dc) (Entered: 05/20/2020)

05/21/2020

273 TRANSCRIPT ORDER as to Non-party Requester for Court Smart (CS)/XTR. Court will contact David Liebov at liebovd@sullcrom.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (ls) (Entered: 05/21/2020)

05/22/2020

274 MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: ORDER REGARDING PLAINTIFFS' MOTION TO COMPEL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION NOS. 6, 7, 22, 23, 27,29, 30, 32-35. 239 Motion to Compel. (SEE ORDER FOR DETAILS) (dc) (Entered: 05/22/2020)

05/28/2020

275 Notice of Appearance or Withdrawal of Counsel: for attorney Ashley Elizabeth Calhoun counsel for Defendant The GEO Group, Inc.. Ashley E. Calhoun is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant The GEO Group, Inc.. (Calhoun, Ashley) (Entered: 05/28/2020)

06/01/2020

276 TRANSCRIPT for proceedings held on 5/20/2020 10:00 A.M.. Court Reporter/Electronic Court Recorder: JAMS CERTIFIED TRANSCRIPTION, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/22/2020. Redacted Transcript Deadline set for 7/2/2020. Release of Transcript Restriction set for 8/31/2020. (lca) (Entered: 06/01/2020)

06/01/2020

277 NOTICE OF FILING TRANSCRIPT filed for proceedings 5/20/2020 10:00 A.M. re Transcript 276 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lca) TEXT ONLY ENTRY (Entered: 06/01/2020)

07/02/2020

278 APPLICATION of Non-Resident Attorney Mallory Biblo to Appear Pro Hac Vice on behalf of Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-27052710) filed by Plaintiff Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order) (Attorney Robert Ahdoot added to party Abdiaziz Karim(pty:pla), Attorney Robert Ahdoot added to party Ramon Mancia(pty:pla)) (Ahdoot, Robert) (Entered: 07/02/2020)

07/06/2020

279 ORDER by Judge Jesus G. Bernal: Granting 278 Non-Resident Attorney Mallory T. Biblo APPLICATION to Appear Pro Hac Vice on behalf of Raul Novoa, Jamie Campos Fuentes, Abdiaziz Karim, Ramon Mancia, and all others similarly situated, designating Robert R. Ahdoot as local counsel. (twdb) (Entered: 07/07/2020)

07/17/2020

280 Stipulation Regarding Additional Depositions filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa (Charest, Daniel) (Entered: 07/17/2020)

07/21/2020

281 Notice of Appearance or Withdrawal of Counsel: for attorney Alicia Y Hou counsel for Defendant The GEO Group, Inc.. Adding Alicia Y. Hou as counsel of record for The Geo Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant The Geo Group. (Attorney Alicia Y Hou added to party The GEO Group, Inc.(pty:dft))(Hou, Alicia) (Entered: 07/21/2020)

07/23/2020

282 NOTICE OF LODGING filed with Attached Proposed Order related to Stipulation for Additional Depositions (ECF 280) re Miscellaneous Document 280 (Attachments: # 1 Proposed Order)(Charest, Daniel) (Entered: 07/23/2020)

07/29/2020

283 ORDER GRANTING STIPULATION REGARDING ADDITIONAL DEPOSITIONS by Magistrate Judge Shashi H. Kewalramani, re Notice of Lodging 282 (dc) (Entered: 07/29/2020)

08/04/2020

284 NOTICE OF MOTION AND MOTION for Order for Plaintiffs' Motion to Approve Class Notice Plan and Form of Notice filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 9/14/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Declaration of Keough Regarding Proposed Notice Plan, # 2 Proposed Order) (Charest, Daniel) (Entered: 08/04/2020)

08/06/2020

285 Joint STIPULATION for Order Scheduling Status Conference filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 08/06/2020)

08/07/2020

290 MINUTES OF TELEPHONIC CONFERENCE RE: INFORMAL DISCOVERY MOTION held before Magistrate Judge Shashi H. Kewalramani. (SEE ORDER FOR DETAILS) Court Recorder: MS Teams 8-7-2020. (iva) (Entered: 08/13/2020)

08/10/2020

286 Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan Michael Turner counsel for Defendant The GEO Group, Inc.. Adding Jonathan Turner as counsel of record for The Geo Group, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant The Geo Group. (Attorney Jonathan Michael Turner added to party The GEO Group, Inc.(pty:dft))(Turner, Jonathan) (Entered: 08/10/2020)

08/10/2020

287 ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation for a Status Conference 285 . ( Telephonic Status Conference set for 8/24/2020 at 11:00 AM before Judge Jesus G. Bernal.) (twdb) (Entered: 08/12/2020)

08/13/2020

288 VIDEO CONFERENCE SCHEDULING NOTICE: At the request by the parties, a discovery dispute hearing has been set for 8/14/2020 at 11:00 AM before Magistrate Judge Shashi H. Kewalramani. The participating parties have been provided with an access link for a Microsoft Teams Meeting. Please note: This is a public hearing which can be accessed by dialing +1 323-813-9520 Conference ID: 879 494 528#. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 08/13/2020)

08/13/2020

289 TRANSCRIPT ORDER as to Defendant The GEO Group, Inc. for Court Smart (CS). Court will contact Maxine Maritz at maxine.maritz@akerman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Van Pelt, David) (Entered: 08/13/2020)

08/14/2020

291 MINUTES OF VIDEO/TELEPHONIC CONFERENCE RE: INFORMAL DISCOVERY MOTION held before Magistrate Judge Shashi H. Kewalramani. Following discussion between the Court and counsel, the Court orders defendant to provide an estimate of the number of pages of documents and other materials that remain to be produced by Defendants, in a letter no later than close of business on Monday, August 17, 2020, along with information regarding the number of the outstanding number of pages of documents and materials provided to ICE for review before they may be produced to Plaintiff

and when they were provided to ICE. The Court sets a continued conference for August 15, 2020, at 9:00 a.m. IT IS SO ORDERED. Court Recorder: MS Teams 8-14-2020. (iva) (Entered: 08/14/2020)

08/15/2020

294 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani: Attorney Alicia Hou and Adrienne Scheffey appeared on behalf of Defendant. Following discussion between the Court and counsel, the parties have met and conferred and have reached a resolution as to the discovery issues for which the continued hearing was sought. Court Recorder: MS Teams. (dc) (Entered: 08/18/2020)

08/17/2020

292 TRANSCRIPT for proceedings held on 8-7-2020. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/8/2020. Redacted Transcript Deadline set for 9/17/2020. Release of Transcript Restriction set for 11/16/2020. (jlo) (Entered: 08/17/2020)

08/17/2020

293 NOTICE OF FILING TRANSCRIPT filed for proceedings 8-7-2020 re Transcript 292 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY (Entered: 08/17/2020)

08/19/2020

295 VIDEO CONFERENCE SCHEDULING NOTICE: At the request of the parties, a discovery dispute conference has been set for 8/20/2020 03:30 PM before Magistrate Judge Shashi H. Kewalramani using Microsoft Teams. The video link has been provided to the participating parties. Please note: this is a public hearing that can be accessed by dialing +1 323-813-9520 Conference ID: 955 415 255#.NO DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY Modified on 8/19/2020 (dc). (Entered: 08/19/2020)

08/20/2020

298 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani: The parties are to contact the Courtroom Deputy Clerk to provide the date and time as to when the deposition of Mr. Flores will be held, which shall be no later than the close of business on Friday, August 28, 2020. The parties shall also provide a phone number to the Court where the Magistrate Judge can call in and monitor the deposition. Court Recorder: MS Teams. (dc) (Entered: 08/21/2020)

08/21/2020 296 EX PARTE APPLICATION to Exceed Page Limitation for Plaintiffs' Motion for Summary Judgment filed by Plaintiffs Jaime Campos

Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order) (Wright, Lydia) (Entered: 08/21/2020)

08/21/2020

297 ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION TO EXTEND PAGE LIMITS FOR PLAINTIFFS MOTION FOR SUMMARY JUDGMENT 296 by Judge Jesus G. Bernal: Plaintiffs may file a memorandum of points and authorities up to 35 pages insupport of their Motion for Summary Judgment. Defendant The GEO Group, Inc. mayfile a memorandum of points and authorities up to 35 pages in opposition to the Motion, and Plaintiffs may file a reply up to 22 pages in further support of their Motion. (lc) (Entered: 08/21/2020)

08/21/2020

299 SCHEDULING NOTICE by Judge Jesus G. Bernal. For the telephonic status conference set for 8/24/2020 at 11:00 a.m. before Judge Bernal, please dial the following telephone number: (877)336-1831 Access Code: 4899258. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 08/21/2020)

08/21/2020

300 EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/30/2020 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Alicia Hou, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Proposed Order) (Hou, Alicia) (Entered: 08/21/2020)

08/23/2020

301 OPPOSITION to EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 10/30/2020 300 and other Certain Deadlines filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Lydia Wright, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Proposed Order)(Wright, Lydia) (Entered: 08/23/2020)

08/24/2020

302 COMPACT DISC Order for date of proceedings 8/7/2020 to 8/15/2020 re: Telephone Conference,,, 291 , Telephone Conference, 294 , Notice of Filing Transcript 293 , Transcript (CV),, 292 , Telephone Conference 290 , filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Court will contact Julianna Gravois at jgravois@burnscharest.com with any questions regarding this order. Transcript portion requested: Other: Pre-hearing Discovery Conferences on August 7, August 14 and August 15, 2020. FEE PAID. (Wright, Lydia) (Entered: 08/24/2020)

08/24/2020

303 OBJECTION IN OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for Plaintiffs' Motion to Approve Class Notice Plan and Form of Notice 284 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Alicia Hou, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Hou, Alicia) (Entered: 08/24/2020)

08/24/2020

304 MINUTES OF Telephonic Status Conference and Order Denying Defendants Ex Parte Application to Extend Deadlines (Dkt. No. 300 ) (Held and Completed) before Judge Jesus G. Bernal: The Court orders the parties to meet and confer and file a properly noticed motion. Court Reporter: Phyllis A. Preston. (twdb) (Entered: 08/25/2020)

08/25/2020

305 COMPACT DISC Order for date of proceedings 8/14/2020 to 8/14/2020 re: Telephone Conference,,, 291 , filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Court will contact Julianna Gravois at jgravois@burnscharest.com with any questions regarding this order. Transcript portion requested: Other: Prehearing Discovery Conference on August 14. FEE PAID. (Wright, Lydia) (Entered: 08/25/2020)

08/25/2020

306 COMPACT DISC Order for date of proceedings 8/15/2020 to 8/15/2020 re: Telephone Conference, 294 , filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Court will contact Julianna Gravois at jgravois@burnscharest.com with any questions regarding this order. Transcript portion requested: Other: Prehearing Discovery Conference on August 15. FEE PAID. (Wright, Lydia) (Entered: 08/25/2020)

08/25/2020

307 TRANSCRIPT ORDER as to Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa for Court Reporter. Court will contact Julianna Gravois at jgravois@burnscharest.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Wright, Lydia) (Entered: 08/25/2020)

08/27/2020

308 TRANSCRIPT ORDER as to Defendant The GEO Group, Inc. The GEO Group, Inc. for Court Reporter. Court will contact Nick Mangels at nick.mangels@akerman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Scheffey, Adrienne) (Entered: 08/27/2020)

08/27/2020

309 MINUTE ORDER IN CHAMBERS by Judge Jesus G. Bernal: Order DENYING Defendant The GEO Groups Ex Parte Application to Extend Certain Deadlines (Dkt. No. 300 ). The Court directs the parties to meet and confer with respect to a possible briefing schedule. (twdb) (Entered: 08/27/2020)

08/31/2020

310 REPLY in Support NOTICE OF MOTION AND MOTION for Order for Plaintiffs' Motion to Approve Class Notice Plan and Form of Notice 284 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Mallory Biblo, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D,

# 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K)(Charest, Daniel) (Entered: 08/31/2020)

09/04/2020

311 NOTICE OF MOTION AND MOTION to Continue filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of David Van Pelt ISO Motion to Continue Trial And Pretrial Dates And Reopen Discovery) (Turner, Jonathan) (Entered: 09/04/2020)

09/08/2020

312 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Continue 311 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 09/08/2020)

09/08/2020

313 NOTICE OF ERRATA filed by Defendant The GEO Group, Inc.. correcting NOTICE OF MOTION AND MOTION to Continue 311 (Van Pelt, David) (Entered: 09/08/2020)

09/08/2020

314 NOTICE OF MOTION AND MOTION to Continue Trial And Pretrial Dates And Reopen Discovery from February 2, 2021 to June 2, 2021 Re: Errata 313 filed by Defendant The GEO Group, Inc.. Motion set for hearing on 10/5/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Proposed Order ISO Motion To Continue Trial And Pretrial Dates And Reopen Discovery) (Attorney David T Van Pelt added to party The GEO Group, Inc.(pty:dft)) (Van Pelt, David) (Entered: 09/08/2020)

09/08/2020

315 MINUTES OF VIDEO/TELEPHONIC CONFERENCE RE: INFORMAL DISCOVERY MOTION held before Magistrate Judge Shashi H. Kewalramani: Defendant is to provide any information relied upon in the experts report, in compliance with the Federal Rules of Civil Procedure, which includes anything within the care, custody, or control of GEO Group, including the expert report of Nickerson, and any other information upon which any expert report relies. As discussed on the record, appropriate documents shall be produced by close of business day September 10, 2020. Court Recorder: MS Teams. (dc) (Entered: 09/09/2020)

09/09/2020

316 EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Continue Trial And Pretrial Dates And Reopen Discovery from February 2, 2021 to June 2, 2021

Re: Errata 313 314 to September 14, 2020 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration Of David Van Pelt ISO Defendant The Geo Group, Inc.'S Ex Parte Application To Shorten Time And Advance Hearing On Defendant's Motion To Continue Trial And Pretrial Dates And Reopen Discovery, # 2 Proposed Order Granting Defendant's Ex Parte To Shorten Time and Advance Hearing) (Van Pelt, David) (Entered: 09/09/2020)

09/10/2020

317 NOTICE of Appearance filed by attorney Ellen S Robbins on behalf of Defendant The GEO Group, Inc. (Attorney Ellen S Robbins added to party The GEO Group, Inc.(pty:dft))(Robbins, Ellen) (Entered: 09/10/2020)

09/10/2020

318 MINUTES OF VIDEO/TELEPHONIC CONFERENCE RE: CONTINUED INFORMAL DISCOVERY MOTION held before Magistrate Judge Shashi H. Kewalramani: Following discussion between the Court and counsel, the parties have agreed to take the expert depositions outside the discovery cutoff date where all other dates will remain the same. As discussed on the record, the parties have already agreed as to the specific dates that the depositions will be taken. With respect to the production of documents, the parties are ordered to produce all responsive documents within their possession, custody or control by the discovery eadline. The documents may be designated as confidential as the parties deem appropriate. Court Recorder: MS Teams. (dc) (Entered: 09/10/2020)

09/10/2020

319 OPPOSITION to EX PARTE APPLICATION to Shorten Time for Hearing on re NOTICE OF MOTION AND MOTION to Continue Trial And Pretrial Dates And Reopen Discovery from February 2, 2021 to June 2, 2021 Re: Errata 313 314 to September 14, 2020 316 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of R. Andrew Free (Ex. A))(Free, Robert) (Entered: 09/10/2020)

09/11/2020

320 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani: The amended order provides that Defendant is ordered to produce responsive documents, subject to the Federal Rules of Civil Procedure and the protective order in this case [ECF No. 151], by the close of the discovery deadline. Court Recorder: MS Teams. (dc) (Entered: 09/11/2020)

09/11/2020

321 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance 317 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance of Withdrawal of Counsel G123.. In response to this notice, the Court may: (1) order an amended or correct document to

be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 09/11/2020)

09/14/2020

322 APPLICATION of Non-Resident Attorney Lawrence D. Silverman to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28061561) filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order) (Robbins, Ellen) (Entered: 09/14/2020)

09/14/2020

323 OPPOSITION to NOTICE OF MOTION AND MOTION to Continue Trial And Pretrial Dates And Reopen Discovery from February 2, 2021 to June 2, 2021 Re: Errata 313 314 , NOTICE OF MOTION AND MOTION to Continue 311 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Lydia A. Wright, # 2 Exhibit A, # 3 Proposed Order)(Wright, Lydia) (Entered: 09/14/2020)

09/14/2020

325 ORDER by Judge Jesus G. Bernal: Granting 322 Non-Resident Attorney Lawrence D. Silverman APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group Inc Defendant, designating Ellen S. Robbins as local counsel. (twdb) (Entered: 09/16/2020)

09/14/2020

328 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order GRANTING the Motion to Approve Class Notice and Form of Notice (Dkt. No. 284 .) SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 09/22/2020)

09/15/2020

324 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Lawrence D. Silverman to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC28061561) 322 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. (Thrasher, Lupe) (Entered: 09/15/2020)

09/18/2020

326 NOTICE OF ERRATA filed by Defendant The GEO Group, Inc.. correcting NOTICE OF MOTION AND MOTION to Continue 311 (Turner, Jonathan) (Entered: 09/18/2020)

09/21/2020

327 REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION to Continue Trial And Pretrial Dates And Reopen Discovery from February 2, 2021 to June 2, 2021 Re: Errata 313 314 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration OF ALICIA HOU ISO DEFENDANT THE GEO GROUP, INC.S REPLY TO

PLAINTIFFS' OPPOSITION TO MOTION TO CONTINUE TRIAL AND PRETRIAL DATES AND REOPEN DISCOVERY)(Turner, Jonathan) (Entered: 09/21/2020)

09/23/2020

329 MINUTES OF CONFERENCE RE: CONTINUED INFORMAL DISCOVERY MOTION held before Magistrate Judge Shashi H. Kewalramani: Following a discussion between the Court and counsel, the parties represented on the record that they were amenable to extending the deadline to file discovery related motions to October 2, 2020, from the current deadline of September 14, 2020 set by the District Judge. However, such stipulation will need to be filed before the District Judge. The Court also ordered that the parties to meet and confer regarding a briefing schedule to address the discover issues, presuming the previously discussed extension is granted, and if the parties cannot agree they are to contact the Magistrate Judge on September 23, 2020. Court Recorder: MS Teams. (dc) (Entered: 09/23/2020)

09/23/2020

330 ORDER EXTENDING DISCOVERY MOTION DEADLINE TO OCTOBER 2, 2020 AND SETTING BRIEFING SCHEDULE ON OUTSTANDING DISCOVERY ISSUES by Judge Jesus G. Bernal. ( Discovery Related Motions due by 10/2/2020.) SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 09/23/2020)

09/30/2020

331 NOTICE OF MOTION AND MOTION to Compel Responses/Information filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 10/2/2020 at 02:00 PM before Magistrate Judge Shashi H. Kewalramani. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion Regarding Discovery Dispute, # 2 Declaration in Support of Plaintiffs' Motion Regarding Discovery Dispute, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Proposed Order)(Wright, Lydia) (Entered: 09/30/2020)

09/30/2020

332 NOTICE OF MOTION AND MOTION to Compel Production of Documents and Further Responses filed by Defendant The GEO Group, Inc.. Motion set for hearing on 10/2/2020 at 02:00 PM before Magistrate Judge Shashi H. Kewalramani. (Attachments: # 1 Declaration of Ellen S. Robbins, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Robbins, Ellen) (Entered: 09/30/2020)

10/01/2020

333 NOTICE OF MOTION AND MOTION to Exclude the Testimony of Dr. Jeffrey Kropf filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 11/2/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion to Exclude

Testimony of Dr. Jeffrey Kropf, # 2 Declaration of Lydia A. Wright in Support of Plaintiffs' Motion to Exclude Testimony of Dr. Jeffrey Kropf, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Proposed Order) (Wright, Lydia) (Entered: 10/01/2020)

10/01/2020

334 DECLARATION of Lorna Hatch re MOTION to Compel Production of Documents and Further Responses 332 filed by Defendant The GEO Group, Inc.. (Turner, Jonathan) (Entered: 10/01/2020)

10/01/2020

335 OPPOSITION to MOTION to Compel Production of Documents and Further Responses 332 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Daniel H. Charest in Support of Plaintiffs' Opposition to GEO's Motion to Compel, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order)(Charest, Daniel) (Entered: 10/01/2020)

10/01/2020

336 VIDEO CONFERENCE SCHEDULING NOTICE re Discovery Hearing set for 10/2/2020 11:00 AM before Magistrate Judge Shashi H. Kewalramani. The participating parties have been provided with a video link. Please note: This is a public hearing which can be accessed by dialing +1 323-813-9520 Conference ID: 123 550 294# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mca) TEXT ONLY ENTRY (Entered: 10/01/2020)

10/01/2020

337 OPPOSITION to Plaintiffs Motion Regarding Discovery Dispute re: MOTION to Compel Responses/Information 331 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Alicia Y. Hou In Support Of Opposition To Plaintiffs Motion Regarding Discovery Dispute, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Proposed Order)(Robbins, Ellen) (Entered: 10/01/2020)

10/02/2020

338 EX PARTE APPLICATION to Continue Hearing on Plaintiffs' Motion to Exclude Testimony of Dr. Jeffrey Kropf from 11/2/2020 to 1/4/2021 Re: NOTICE OF MOTION AND MOTION to Exclude the Testimony of Dr. Jeffrey Kropf 333 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Ellen S. Robbins, # 2 Proposed Order) (Robbins, Ellen) (Entered: 10/02/2020)

10/02/2020

339 TRANSCRIPT ORDER as to Defendant The GEO Group, Inc. for Court Reporter. Court will contact Lorna Hatch at lorna.hatch@akerman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Hou, Alicia) (Entered: 10/02/2020)

10/02/2020

340 SCHEDULING NOTICE by Judge Jesus G. Bernal. The MOTION to Continue Trial And Pretrial Dates And Reopen Discovery 314 is hereby continued to 10/19/2020 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 10/02/2020)

10/05/2020

341 OPPOSITION to EX PARTE APPLICATION to Continue Hearing on Plaintiffs' Motion to Exclude Testimony of Dr. Jeffrey Kropf from 11/2/2020 to 1/4/2021 Re: NOTICE OF MOTION AND MOTION to Exclude the Testimony of Dr. Jeffrey Kropf 333 338 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Wright, Lydia) (Entered: 10/05/2020)

10/07/2020

342 APPLICATION to file document Plaintiffs' Motion to Exclude Testimony of Serena Morones and accompanying Exhibits under seal filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 10/07/2020)

10/07/2020

343 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Plaintiffs' Motion to Exclude Testimony of Serena Morones and accompanying Exhibits under seal 342 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Wright, Lydia) (Entered: 10/07/2020)

10/07/2020

344 NOTICE OF MOTION AND MOTION to Strike GEO's Third Supplement to Initial Disclosures filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 11/9/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum in Support of Plaintiffs Motion to Strike GEO's Third Supplement to Initial Disclosures, # 2 Declaration of Lydia A. Wright in Support of Plaintiffs Motion to Strike GEO's Third Supplement to Initial Disclosures, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (Wright, Lydia) (Entered: 10/07/2020)

10/07/2020

345 NOTICE OF LODGING filed to Lodge Proposed Order re NOTICE OF MOTION AND MOTION to Strike GEO's Third Supplement to Initial Disclosures 344 (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 10/07/2020)

10/07/2020

346 STIPULATION to Exceed Page Limitation as to GEO GROUP, INC.'S DISPOSITIVE MOTIONS filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order)(Robbins, Ellen) (Entered: 10/07/2020)

10/08/2020

347 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Sealed Declaration 343 , APPLICATION to file document under seal 342 . The following error(s) was/were found: Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 795.2.2(a)-(b) (eff. 12/1/15). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 10/08/2020)

10/08/2020

348 MINUTES (IN CHAMBERS) by Magistrate Judge Shashi H. Kewalramani: ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL RESPONSES, ECF NO. 331, AND DENYING DEFENDANT'S MOTION TO COMPEL AS MOOT IN PART AND DENIED AS TO REQUESTS FOR PRODUCTION, ECF NO. 332 (SEE ORDER) (dc) (Entered: 10/09/2020)

10/08/2020

351 ORDER by Judge Jesus G. Bernal, re Stipulation to Exceed Page Limitation 346 : The Court, having considered the parties' Stipulation to Extend Page Limits for The GEO Group, Inc.'s Dispositive Motions, and good cause appearing therefore, hereby GRANTS the Stipulation. (bm) (Entered: 10/13/2020)

10/09/2020

349 OPPOSITION to Plaintiffs' Motion to Exclude Testimony of Dr. Jeffrey Kropf re: NOTICE OF MOTION AND MOTION to Exclude the Testimony of Dr. Jeffrey Kropf 333 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Ellen S. Robbins, # 2 Exhibit 1)(Robbins, Ellen) (Entered: 10/09/2020)

10/09/2020

352 MINUTES (IN CHAMBERS) Order (1) GRANTING IN PART the Motion to Continue Trial and Pretrial Dates and Reopen Discovery (Dkt. No. 314); and (2) VACATING the October 19, 2020 Hearing by Judge Jesus G. Bernal: The Court GRANTS a two-month continuance of trial and pre-trial deadlines, REOPENS discovery, and SETS the following dates: All Discovery cut-off 11/23/2020. Last date to conduct settlement conference is 12/21/2020. Trial continued to 3/30/2021 at 09:00 AM before Judge Jesus G. Bernal. Final Pretrial Conference 3/15/21 at 11:00 AM. (twdb) (Entered: 10/14/2020)

10/09/2020

353 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order DENYING Defendant The GEO Groups Ex Parte Application to Continue Hearing on Plaintiffs Motion to Exclude Testimony of Dr.

Jeffrey Kropf (Dkt. No. 338 ). SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 10/14/2020)

10/13/2020

350 DECLARATION of Adrienne Scheffey In Response To Plaintiffs' Application To File Plaintiffs' Motion To Exclude Testimony Of Serena Morones And Accompanying Exhibits Under Seal APPLICATION to file document Plaintiffs' Motion to Exclude Testimony of Serena Morones and accompanying Exhibits under seal 342 filed by Defendant The GEO Group, Inc.. (Robbins, Ellen) (Entered: 10/13/2020)

10/15/2020

354 MINUTE ORDER IN CHAMBERS by Judge Jesus G. Bernal: *AMENDED Order (1) GRANTING IN PART the Motion to Continue Trial and Pretrial Dates and Reopen Discovery (Dkt. No. 314 ); and (2) VACATING the October 19, 2020 Hearing 352 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 10/15/2020)

10/16/2020

355 NOTICE OF MOTION AND MOTION to Exclude the Testimony of Serena Morones filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 11/16/2020 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion to Exclude Testimony of Serena Morones, # 2 Declaration of Lydia A. Wright in Support of Plaintiffs' Motion to Exclude Testimony of Serena Morones, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Proposed Order) (Wright, Lydia) (Entered: 10/16/2020)

10/19/2020

356 REPLY in Support NOTICE OF MOTION AND MOTION to Exclude the Testimony of Dr. Jeffrey Kropf 333 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Wright, Lydia) (Entered: 10/19/2020)

10/19/2020

357 OPPOSITION To Plaintiffs' Motion To Strike GEO's Third Supplement To Initial Disclosures re: NOTICE OF MOTION AND MOTION to Strike GEO's Third Supplement to Initial Disclosures 344 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Ellen S. Robbins, # 2 Exhibit A, # 3 Exhibit B)(Robbins, Ellen) (Entered: 10/19/2020)

10/19/2020

358 Joint STIPULATION to Amend Long Form Notice filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Biblo, Mallory) (Entered: 10/19/2020)

10/22/2020

359 NOTICE OF OBJECTION TO RELEASE OF IMMIGRATION AND CUSTOMS ENFORCEMENT RECORDS filed by Interested NonParty United States Department of Homeland Security, Immigration and Customs Enforcement. (Medrano, Alarice) (Entered: 10/22/2020)

10/23/2020

360 EX PARTE APPLICATION for Order for Allowing Plaintiffs to Exceed Deposition Limits filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order) (Wright, Lydia) (Entered: 10/23/2020)

10/23/2020

361 TRANSCRIPT ORDER as to Defendant The GEO Group, Inc. for Court Smart (CS). Court will contact Nick Mangels at nick.mangels@akerman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Robbins, Ellen) (Entered: 10/23/2020)

10/23/2020

362 TRANSCRIPT ORDER as to Defendant The GEO Group, Inc. for Court Smart (CS). Court will contact Nick Mangels at nick.mangels@akerman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Robbins, Ellen) (Entered: 10/23/2020)

10/23/2020

363 TRANSCRIPT ORDER as to Defendant The GEO Group, Inc. for Court Smart (CS). Court will contact Nick Mangels at nick.mangels@akerman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Robbins, Ellen) (Entered: 10/23/2020)

10/26/2020

364 APPLICATION to file document to be Filed as Exhibits to Plaintiff's Motion for Summary Judgment under seal filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 10/26/2020)

10/26/2020

365 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document to be Filed as Exhibits to Plaintiff's Motion for Summary Judgment under seal 364 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wright, Lydia) (Entered: 10/26/2020)

10/26/2020

366 REPLY in Support NOTICE OF MOTION AND MOTION to Strike GEO's Third Supplement to Initial Disclosures 344 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Lydia A. Wright in Support of Plaintiffs' Reply in Support of Motion to Strike GEO's Third Supplement to Initial Disclosures, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Wright, Lydia) (Entered: 10/26/2020)

10/26/2020

367 OPPOSITION to Plaintiffs' Ex Parte Application to Exceed Deposition Limit re: EX PARTE APPLICATION for Order for Allowing Plaintiffs to Exceed Deposition Limits 360 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Ellen S. Robbins, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(Robbins, Ellen) (Entered: 10/26/2020)

10/26/2020

368 OPPOSITION to Plaintiffs' Motion to Exclude Testimony of Serena Morones re: NOTICE OF MOTION AND MOTION to Exclude the Testimony of Serena Morones 355 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Ellen S. Robbins, # 2 Exhibit 1)(Robbins, Ellen) (Entered: 10/26/2020)

10/27/2020

369 TRANSCRIPT ORDER as to Defendant The GEO Group, Inc. for Court Smart (CS). Court will contact Annie Tualla at annie.tualla@akerman.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the transcription company. (Robbins, Ellen) (Entered: 10/27/2020)

10/29/2020

370 TRANSCRIPT for proceedings held on 9-11-2020. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/19/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/27/2021. (jlo) (Entered: 10/29/2020)

10/29/2020

371 NOTICE OF FILING TRANSCRIPT filed for proceedings 9-11-2020 re Transcript 370 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY (Entered: 10/29/2020)

10/29/2020

372 MINUTES OF VIDEO/TELEPHONIC CONFERENCE RE: CONTINUED INFORMAL DISCOVERY MOTIONThe Court sets a further hearing for Monday, November 2, 2020 at 8:00 a.m. to discuss the 30(b)(6) deposition subpoenas propounded by Plaintiff on thirdparty, ICE. held before Magistrate Judge Shashi H. Kewalramani. Court Recorder: MS Teams. (dc) (Entered: 10/29/2020)

10/29/2020

373 SCHEDULING NOTICE AND ORDER by Judge Jesus G. Bernal. On the Court's own motion, Plaintiff's Motion to Exclude Expert Testimony (Dkt. No. 333 ), set for hearing on November 2, 2020, is hereby continued to November 30, 2020, at 9:00 A.M. IT IS SO

ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (npo) TEXT ONLY ENTRY (Entered: 10/29/2020)

10/29/2020 374 ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation to Amend/Correct Long Form Notice 358 . (twdb) (Entered: 10/30/2020)

10/30/2020

375 DECLARATION of Ellen S. Robbins in Response to Plaintiffs' Application to File Two Exhibits To Plaintiffs Motion For Summary Judgment Under Seal APPLICATION to file document to be Filed as Exhibits to Plaintiff's Motion for Summary Judgment under seal 364 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Exhibit 1 (Part 1), # 2 Exhibit 1 (Part 2), # 3 Exhibit 1 (Part 3), # 4 Exhibit 1 (Part 4), # 5 Exhibit 1 (Part 5), # 6 Exhibit 2)(Robbins, Ellen) (Entered: 10/30/2020)

11/02/2020

376 REPLY in Support NOTICE OF MOTION AND MOTION to Exclude the Testimony of Serena Morones 355 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Wright, Lydia) (Entered: 11/02/2020)

11/05/2020

377 MINUTES OF Telephone Conference held before Magistrate Judge Shashi H. Kewalramani: Following discussion between the Court and counsel, the parties will continue to meet an confer to discuss a deposition schedule and the production of documents. If further disputes arise then the parties may contact the Court for a further conference. Court Recorder: MS Teams. (dc) (Entered: 11/05/2020)

11/06/2020 378 TRANSCRIPT ORDER as to Non-party Requester for Court Smart (CS). (jlo) (Entered: 11/06/2020)

11/06/2020

379 Notice of Appearance or Withdrawal of Counsel: for attorney Theodore W Maya counsel for Plaintiffs Jaime Campos Fuentes, Raul Novoa. Ruhandy Glezakos is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Raul Novoa and Jaime Campos Fuentes. (Maya, Theodore) (Entered: 11/06/2020)

11/06/2020

380 NOTICE of Change of Attorney Business or Contact Information: for attorney Tina Wolfson counsel for Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Changing address to 2600 West Olive Ave., Suite 500, Burbank, CA 91505. Filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attorney Tina Wolfson added to party Abdiaziz Karim(pty:pla), Attorney Tina Wolfson added to party Ramon Mancia(pty:pla))(Wolfson, Tina) (Entered: 11/06/2020)

11/06/2020

381 NOTICE of Change of Attorney Business or Contact Information: for attorney Theodore W Maya counsel for Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Changing address to 2600 West Olive Ave., Suite 500, Burbank, CA 91505. Filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Maya, Theodore) (Entered: 11/06/2020)

11/06/2020

382 NOTICE of Change of Attorney Business or Contact Information: for attorney Robert Ahdoot counsel for Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Changing address to 2600 West Olive Ave., Suite 500, Burbank, CA 91505. Filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Ahdoot, Robert) (Entered: 11/06/2020)

11/06/2020

383 APPLICATION of Non-Resident Attorney Lauren M. Cross to Appear Pro Hac Vice on behalf of Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-28896936) filed by Plaintiff Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order) (Ahdoot, Robert) (Entered: 11/06/2020)

11/06/2020

384 SCHEDULING NOTICE by Judge Jesus G. Bernal: The hearing on the MOTION to Strike GEO's Third Supplement to Initial Disclosures 344 is continued from 11/9/2020 to 11/16/2020 at 9:00 a.m. before Judge Jesus G. Bernal. If the hearing proceeds as scheduled, it will by telephone. A phone number will be provided by the deputy clerk 24 hours prior to the hearing. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 11/06/2020)

11/09/2020

385 TRANSCRIPT for proceedings held on 10/29/2020. Court Reporter/Electronic Court Recorder: JAMS Certified Transcription, phone number (661) 609-4528. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/30/2020. Redacted Transcript Deadline set for 12/10/2020. Release of Transcript Restriction set for 2/8/2021. (jlo) (Entered: 11/09/2020)

11/09/2020

386 NOTICE OF FILING TRANSCRIPT filed for proceedings 10/29/2020 re Transcript 385 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jlo) TEXT ONLY ENTRY (Entered: 11/09/2020)

11/10/2020

387 ORDER by Judge Jesus G. Bernal: Granting 383 Non-Resident Attorney Lauren M. Cross APPLICATION to Appear Pro Hac Vice on behalf of Raul Novoa, Jamie Campos Fuentes, Abdiaziz Karim, Ramon Mancia, and all others similarly situated Plaintiffs, designating Robert R. Ahdoot as local counsel. (twdb) (Entered: 11/10/2020)

11/12/2020

388 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: granting in part and denying in part 344 EX PARTE APPLICATION; granting in part and denying in part 360 EX PARTE APPLICATION: For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART Plaintiffs' Motion, and GRANTS IN PART Plaintiffs' Application. (see document for further details) (bm) (Entered: 11/12/2020)

11/12/2020

389 APPLICATION to file document Exhibits to Plaintiffs' Motion for Summary Judgment under seal filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 11/12/2020)

11/12/2020

390 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Plaintiffs' Motion for Summary Judgment under seal 389 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Wright, Lydia) (Entered: 11/12/2020)

11/13/2020

391 SCHEDULING NOTICE by Judge Jesus G. Bernal: the Hearing on the MOTION to Exclude the Testimony of Serena Morones 355 is continued from 11/16/2020 to 11/23/2020 at 9:00 a.m. before Judge Jesus G. Bernal. Note that if the hearing goes forward as scheduled, the hearing will be telephonic and the court will provide a telephone number 24 hours before the hearing date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 11/13/2020)

11/16/2020

392 DECLARATION of Ellen S. Robbins in Response To Plaintiffs' Second Application To File Exhibits To Plaintiffs Motion For Summary Judgment Under Seal APPLICATION to file document Exhibits to Plaintiffs' Motion for Summary Judgment under seal 389 filed by Defendant The GEO Group, Inc.. (Robbins, Ellen) (Entered: 11/16/2020)

11/16/2020

393 SCHEDULING NOTICE. At the request by the parties, a continued discovery dispute has been set by video conference for 11/19/2020 03:00 PM before Magistrate Judge Shashi H. Kewalramani. The participating parties have been provided with the video link information. Public access dial 323-813-9520,,718391754# Phone

Conference ID: 718 391 754# THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dc) TEXT ONLY ENTRY (Entered: 11/16/2020)

11/19/2020

394 MINUTES OF DEPOSITION DISPUTE held before Magistrate Judge Shashi H. Kewalramani. As discussed on the record, all questions during the deposition shall be answered under the protective order. Non-participating attorney who is representing witness Bruce Scott shall sign the protective order as soon as possible for her to continue with the deposition. Furthermore, she must file a notice of appearance to appear pro hac vice in this Court by November 20, 2020. Court Recorder: MS Teams. (dc) (Entered: 11/20/2020)

11/19/2020

395 MINUTES OF VIDEO/TELEPHONIC CONFERENCE RE: CONTINUEDINFORMAL DISCOVERY MOTION held before Magistrate Judge Shashi H. Kewalramani: With respect to the remaining issues, the parties will continue to meet and confer. Following their meet and confer, the Court has set a further hearing for Monday, November 23, 2020 at 1:00 p.m. PST. The parties are to contact the Court if all issues have been resolved. Court Recorder: MS Teams. (dc) (Entered: 11/20/2020)

11/20/2020

396 APPLICATION of Non-Resident Attorney Joan K. Mell to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc., Unknown Bruce Scott (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29135519) filed by Defendant and Bruce Scott The GEO Group, Inc., Bruce Scott. (Attachments: # 1 Proposed Order) (Attorney Ellen S Robbins added to party Bruce Scott(pty:unk)) (Robbins, Ellen) (Entered: 11/20/2020)

11/23/2020

397 SCHEDULING NOTICE by Judge Jesus G. Bernal. The hearing on the MOTION to Exclude the Testimony of Serena Morones 355 is hereby continued from 11/23/20 to 11/30/20, at 9:00 a.m. IT SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 11/23/2020)

11/23/2020

398 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Joan K. Mell to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc., Unknown Bruce Scott (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29135519) 396 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See

Instructions for Applicants (1) (G-64). (Thrasher, Lupe) (Entered: 11/23/2020)

11/23/2020

399 MINUTES OF VIDEO/TELEPHONIC CONFERENCE RE: CONTINUED INFORMAL DISCOVERY MOTION held before Magistrate Judge Shashi H. Kewalramani: The parties are to provide a joint email to the Court if there are any remaining issues by Wednesday, November 24, 2020 at 12:00 p.m. If so, then the Court will set a further status conference. Court Recorder: MS Teams. (dc) (Entered: 11/24/2020)

11/25/2020

400 SCHEDULING NOTICE by Judge Jesus G. Bernal. The hearing on the MOTION to Exclude the Testimony of Dr. Jeffrey Kropf 333 , and MOTION to Exclude the Testimony of Serena Morones 355 is continued from 11/30/20 to 12/7/20 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 11/25/2020)

12/02/2020

401 Notice of Appearance or Withdrawal of Counsel: for attorney Colin L Barnacle counsel for Defendant The GEO Group, Inc.. Colin L. Barnacle is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant The GEO Group, Inc.. (Barnacle, Colin) (Entered: 12/02/2020)

12/04/2020

402 SCHEDULING NOTICE by Judge Jesus G. Bernal. The hearing on the MOTION to Exclude the Testimony of Dr. Jeffrey Kropf 333 , and MOTION to Exclude the Testimony of Serena Morones 355 is continued from 12/7/20 to 12/21/20 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 12/04/2020)

12/07/2020

403 Notice of Electronic Filing re Text Only Scheduling Notice, 402 emailed to Christopher Eby bounced due to No longer at firm. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY (Entered: 12/07/2020)

12/07/2020

404 Notice of Appearance or Withdrawal of Counsel: for attorney Ellen S. Robbins counsel for Defendant The GEO Group, Inc.. Christopheer J. Eby is no longer counsel of record for the aforementioned party in this

case for the reason indicated in the G-123 Notice. Filed by Defendant The GEO Group, Inc.. (Robbins, Ellen) (Entered: 12/07/2020)

12/11/2020

405 APPLICATION to Supplement Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice re APPLICATION of NonResident Attorney Joan K. Mell to Appear Pro Hac Vice on behalf of Defendant The GEO Group, Inc., Unknown Bruce Scott (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29135519) 396 filed by Defendant Bruce Scott, The GEO Group, Inc.. (Robbins, Ellen) (Entered: 12/11/2020)

12/15/2020

406 ORDER by Judge Jesus G. Bernal: Granting 396 Non-Resident Attorney Joan K. Mell APPLICATION to Appear Pro Hac Vice on behalf of The GEO Group Inc., Bruce Scott, Defendant, designating Ellen S. Robbins as local counsel. ; granting 405 APPLICATION to Supplement (twdb) (Entered: 12/16/2020)

12/17/2020

407 APPLICATION to file document Exhibits to Plaintiffs' Motion for Summary Judgment under seal filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Proposed Order)(Wright, Lydia) (Entered: 12/17/2020)

12/17/2020

408 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Plaintiffs' Motion for Summary Judgment under seal 407 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wright, Lydia) (Entered: 12/17/2020)

12/18/2020

409 MINUTES (IN CHAMBERS) by Judge Jesus G. Bernal: Order (1) GRANTING Plaintiffs Motion to Exclude Testimony of Dr. Jeffrey Kropf (Dkt. No. 333 ); (2) DENYING Plaintiffs Motion to Exclude Testimony of Serena Morones (Dkt. No. 355 ); and (3) VACATING the December 21, 2020 Hearing. In addition, the Court ORDERS Defendant to produce any underlying materials related to the Nickerson Report by January 4, 2021. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) (Entered: 12/18/2020)

12/18/2020

410 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to file document Exhibits to Plaintiffs' Motion for Summary Judgment under seal 407 . The following error(s) was/were found: Your Application must be accompanied by: (1) a declaration; (2) a proposed order; (3) a redacted version of any documents of which only a portion is proposed to be filed under seal; and (4) an unredacted version of the documents proposed to be filed under seal. L.R. 79- 5.2.2(a)-(b) (eff. 12/1/15). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the

Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 12/18/2020)

12/21/2020

411 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the following points: (a) finding Defendant GEO liable on Counts I, II, and III of the Third Amended Complaint (Dkt. 184); (b) rejecting each of GEOs affirmative defenses; and (c) dismissing GEOs conditional counterclaim for declaratory relief filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Motion set for hearing on 2/1/2021 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment, # 2 Statement of Undisputed Facts in Support of Plaintiffs' Motion for Partial Summary Judgment, # 3 Declaration of Daniel H. Charest in Support of Plaintiffs' Motion for Partial Summary Judgment, # 4 Exhibit 1 to Declaration of Daniel H. Charest in Support of Plaintiffs' Motion for Partial Summary Judgment, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Proposed Order) (Charest, Daniel) (Entered: 12/21/2020)

12/21/2020

412 APPLICATION to file document Exhibits to Motion for Summary Judgment under seal filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order, # 2 Redacted Document Exhibit D05 , # 3 Redacted Document Exhibit D- 07 , # 4 Redacted Document Exhibit E-[C], # 5 Redacted Document Exhibit E-[E], # 6 Redacted Document Exhibit E-[F], # 7 Redacted Document Exhibit E-[G], # 8 Redacted Document Exhibit E-[H], # 9 Redacted Document Exhibit E-[M], # 10 Redacted Document Exhibit R-[2-6])(Robbins, Ellen) (Entered: 12/21/2020)

12/21/2020

413 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits to Motion for Summary Judgment under seal 412 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Unredacted Document Exhibit C-[A], # 2 Unredacted Document Exhibit C-[C], # 3 Unredacted Document Exhibit C-[E], # 4 Unredacted Document Exhibit C-[F], # 5 Unredacted Document Exhibit C-[H], # 6 Unredacted Document Exhibit D- 5 , # 7 Unredacted Document Exhibit D- 7 , # 8 Unredacted Document Exhibit D- 22 , # 9 Unredacted Document Exhibit E-[C], # 10 Unredacted Document Exhibit E-[D], # 11 Unredacted Document Exhibit E-[E], # 12 Unredacted Document Exhibit E-[F], # 13 Unredacted Document Exhibit E-[G], # 14 Unredacted Document Exhibit E-[H], # 15 Unredacted Document Exhibit E-[I], # 16 Unredacted Document Exhibit E-[J]-Part 1, # 17 Unredacted Document Exhibit E-[J]-Part 2,

# 18 Unredacted Document Exhibit E-[J]-Part 3, # 19 Unredacted Document Exhibit E-[M], # 20 Unredacted Document Exhibit R [26])(Robbins, Ellen) (Entered: 12/21/2020)

12/22/2020

414 NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts filed by Defendant and Counterclaimant The GEO Group, Inc.. Motion set for hearing on 2/1/2021 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Exhibit Undisputed Facts, # 2 Compendium, # 3 Request for Judicial Notice, # 4 A-1, # 5 A-2) (Attorney Ellen S. Robbins added to party The GEO Group, Inc.(pty:cc), Attorney Ellen S. Robbins added to party The GEO Group, Inc.(pty:cc), Attorney Ellen S. Robbins added to party The GEO Group, Inc.(pty:cc)) (Robbins, Ellen) (Entered: 12/22/2020)

12/22/2020

415 EXHIBIT B & C to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 Declaration of Tae Johnson, # 2 Declaration of Amber Martin, # 3 C-[A] - [REDACTED], # 4 C-[B] - 2008 Performance Based National Detention Standards, # 5 C-[C] - [REDACTED], # 6 C-[D] 2011 Performance Based National Detention Standards, # 7 C-[E] [REDACTED], # 8 C-[F] - [REDACTED], # 9 C-[G] - ICE National Detainee Handbook, # 10 C-[H] - [REDACTED])(Attorney Alicia Y Hou added to party The GEO Group, Inc.(pty:cc))(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

416 EXHIBIT D1 to D5 to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 Declaration of Alicia Y. Hou, # 2 D- 01 - 2020-08-11 Deposition of Amber Martin 30(b)(6), # 3 D- 02 - 2019-12-11 Deposition of James Janecka, # 4 D- 03 - 2019-06-26 Deposition of James Janecka, # 5 D04 - 2019-10-20 Deposition of Raul Novoa, # 6 D- 05 - [REDACTED] 2019-10-23 Deposition of Abdiaziz Karim)(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

417 EXHIBIT D6 to D10 to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 D- 06 - 2019-10-20 Deposition of Jaime Campos Fuentes, # 2 D- 07 - [REDACTED] 2019-10-21 Deposition of Ramon Mancia, # 3 D- 08 2020-11-04 Deposition of Randy Tate-, # 4 D- 09 - 2020-11-13 Deposition of Ronald Warren, # 5 D- 10 - 2020-07-22 Deposition of Mary Wise-McCormick)(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

418 EXHIBIT D11 to D15 to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 D- 11 - 2020-11-03 Deposition of Pamela Spagnuola, # 2 D- 12 2020-09-03 Deposition of Brian Evans 30(b)(1), # 3 D- 13 - 2020-0903 Deposition of Brian Evans 30(b)(6), # 4 D- 14 - 2019-12-11 Deposition of James Hill, # 5 D- 15 - Documents obtained from Orange County Theo Lacy Facility)(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

419 EXHIBIT D16 & D17 to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 D- 16 - Documents obtained from Yuba County Sheriffs Department, # 2 D- 17 - Plaintiffs Responses to GEOs Interrogatories_Part1, # 3 D- 17 - Plaintiffs Responses to GEOs Interrogatories_Part2, # 4 D- 17 - Plaintiffs Responses to GEOs Interrogatories_Part3, # 5 D- 17 - Plaintiffs Responses to GEOs Interrogatories_Part4, # 6 D- 17 - Plaintiffs Responses to GEOs Interrogatories_Part5, # 7 D- 17 - Plaintiffs Responses to GEOs Interrogatories_Part6, # 8 D- 17 - Plaintiffs Responses to GEOs Interrogatories_Part7, # 9 D- 17 - Plaintiffs Responses to GEOs Interrogatories_Part8)(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

420 EXHIBIT D18 to D22 to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 D- 18 - Plaintiffs Responses to GEOs Second Set of Requests for Production of Documents Nos. 42-43, # 2 D- 19 - 2020-09-25 Deposition of Craig William Haney, # 3 D- 20 - 2020-09-14 Hearing Transcript re Plaintiffs_ Motion to Approve Class Notice, # 4 D- 21 2019-06-12 Depositon of Daniel Ragsdale, # 5 D- 22 [REDACTED])(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

421 EXHIBIT E to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimants The GEO Group, Inc., The GEO Group, Inc., The GEO Group, Inc.. (Attachments: # 1 Declaration Declaration of Janecka, # 2 Exhibit E-[A] - Adelanto Facility supplemental handbook, # 3 Exhibit E-[B] - Adelanto Facility Sanitation Procedures, # 4 Exhibit E-[C] - [REDACTED], # 5 Exhibit E-[D] - [REDACTED], # 6 Exhibit E-[E] - [REDACTED], # 7 Exhibit E-[F] - [REDACTED], # 8 Exhibit E-[G] - [REDACTED], # 9 Exhibit E-[H] - [REDACTED], # 10 Exhibit E-[I] - [REDACTED], # 11 Exhibit E-[J] - [REDACTED], # 12 Exhibit Menu Planning, # 13 Exhibit E-[L] - Menu Specifications, # 14 Exhibit E-[M] - [REDACTED])(Robbins, Ellen) (Entered: 12/22/2020)

12/22/2020

422 EXHIBIT F, G, & H to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 F - Declaration of Jay Brooks, # 2 G - Declaration of Natasha Nguyen, # 3 H - Declaration of Bruce Plumley, # 4 H-[A] - Broward Facility Supplemental Handbook, # 5 H-[B] - Broward Facility Sanitation Procedures)(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

423 EXHIBIT I, J, K,L to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimants The GEO Group, Inc., The GEO Group, Inc., The GEO Group, Inc.. (Attachments: # 1 Declaration I DECLARATION OF RAY CASTRO.PDF, # 2 Exhibit I-[A] - South Texas Facility Supplemental Handbook.PDF, # 3 Exhibit I-[B] - South Texas Facility Sanitation Procedures.PDF, # 4 Civil Cover Sheet Declaration of Bruce Scott, # 5 Exhibit J-[A] - Northwest Facility Supplemental Handbook.PDF, # 6 Exhibit J-[B] - Northwest Facility Sanitation Procedures.PDF, # 7 Declaration Declaration of Eric Staiger, # 8 Exhibit K-[A] - Pine Prairie Facility Supplemental Handbook.PDF, # 9 Exhibit K-[B] - Pine Prairie Facility Sanitation Procedures.PDF, # 10 Declaration Declaration of Lisa Bown, # 11 Exhibit L-[A] LaSalle Facility Supplemental Handbook.PDF, # 12 Exhibit L-[B] LaSalle Facility Sanitation Procedures.PDF)(Robbins, Ellen) (Entered: 12/22/2020)

12/22/2020

424 EXHIBIT M & N to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 M - Declaration of Dan Greenwalt, # 2 M-[A] - Folkston Facility Supplemental Handbook, # 3 M-[B] - Folkston Facility Sanitation Procedures, # 4 N - Declaration of Nathan Allen, # 5 N-[A] - Mesa Verde Facility Supplemental Handbook, # 6 N-[B] - Mesa Verde Facility Sanitation Procedures)(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

425 EXHIBIT O,P to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimants The GEO Group, Inc., The GEO Group, Inc., The GEO Group, Inc.. (Attachments: # 1 Declaration O DECLARATION OF RANDY TATE.PDF, # 2 Exhibit O-[A] Montgomery Facility Supplemental Handbook.PDF, # 3 Exhibit O-[B] - Montgomery Facility Sanitation Procedures.PDF, # 4 Declaration P DECLARATION OF INDALECIO RAMOS.PDF, # 5 Exhibit P-[A] South Louisiana Facility Supplemental Handbook.PDF, # 6 Exhibit P[B] - South Louisiana Facility Sanitation Procedures.PDF)(Robbins, Ellen) (Entered: 12/22/2020)

12/22/2020

426 EXHIBIT Q & R to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc., Counter Claimant The GEO Group, Inc.. (Attachments: # 1 Q - Declaration of Dawn Ceja, # 2 Q-[A] - Aurora Facility Supplemental Handbook, # 3 Q-[B] - Aurora Facility Sanitation Procedures, # 4 R - Declaration of Nick J. Erickson, # 5 R- 01 Spreadsheet reflecting segregation records produced by GEO, # 6 R[02-06] - [REDACTED])(Hou, Alicia) (Entered: 12/22/2020)

12/22/2020

427 NOTICE OF MOTION AND MOTION for Hearing to Decertify Class filed by Defendant The GEO Group, Inc.. Motion set for hearing on 2/1/2021 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Declaration of Ellen S. Robbins, # 2 Exhibit A through W) (Robbins, Ellen) (Entered: 12/22/2020)

12/23/2020

428 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 12/23/2020)

12/23/2020

429 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Hearing to Decertify Class 427 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) (Entered: 12/23/2020)

01/06/2021

430 NOTICE Regarding Opt-Outs filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Declaration of Jennifer M. Keough Regarding Exclusion Requests, # 2 Exhibit A to Declaration of Jennifer M. Keough Regarding Exclusion Requests)(Biblo, Mallory) (Entered: 01/06/2021)

01/08/2021

431 Notice of Appearance or Withdrawal of Counsel: for attorney Lydia A Wright counsel for Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. Lydia A. Wright is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Plaintiffs Jaime Campos

Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Wright, Lydia) (Entered: 01/08/2021)

01/11/2021

432 OPPOSITION to NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Plaintiffs' Supplemental Statement of Undisputed Facts ISO Opposition to GEO's MSJ, # 2 Plaintiffs' Statement of Disputed Facts ISO Opposition to GEO's MSJ, # 3 Declaration of Daniel H. Charest ISO Opposition to GEO's MSJ, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M)(Charest, Daniel) (Entered: 01/11/2021)

01/11/2021

433 OPPOSITION to NOTICE OF MOTION AND MOTION for Hearing to Decertify Class 427 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Charest, Daniel) (Entered: 01/11/2021)

01/11/2021

434 OPPOSITION To Plaintiffs Motion For Partial Summary Judgment re: NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the following points: (a) finding Defendant GEO liable on Counts I, II, and III of the Third Amended Complaint (Dkt. 184); (b) rejecting each of GEOs affirmative defenses; and (c) dismissi 411 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Exhibit 1 - GEO's Statement of Genuine Disputes of Material Fact in Opposition To Plaintiffs MSJ and Additional Undisputed Facts, # 2 GEO's Evidentiary Objections To Plaintiffs Statement Of Genuine Disputes Of Material Fact, # 3 Proposed Order to GEO's Evidentiary Objections)(Robbins, Ellen) (Entered: 01/11/2021)

01/11/2021

435 DECLARATION of Ellen S. Robbins in Support of Defendant The Geo Group, Inc.'s Opposition to Plaintiffs Motion for Partial Summary Judgment NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the following points: (a) finding Defendant GEO liable on Counts I, II, and III of the Third Amended Complaint (Dkt. 184); (b) rejecting each of GEOs affirmative defenses; and (c) dismissi 411 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O)(Robbins, Ellen) (Entered: 01/11/2021)

01/15/2021

436 REPLY in Support of its Motion for Summary Judgment NOTICE OF MOTION AND MOTION for Summary Judgment as to All Counts 414 filed by Defendant The GEO Group, Inc.. (Attachments:

# 1 Evidentiary Objections to Plaintiffs Statement of Genuine Disputes of Material Fact, # 2 Response to Plaintiffs' Supplemental Statement of Undisputed Facts, # 3 Proposed Order Re Evidentiary Objections)(Robbins, Ellen) (Entered: 01/15/2021)

01/15/2021

437 REPLY in Support of its Motion to Decertify The Class NOTICE OF MOTION AND MOTION for Hearing to Decertify Class 427 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Declaration of Ellen S. Robbins, # 2 Exhibit A)(Robbins, Ellen) (Entered: 01/15/2021)

01/18/2021

438 REPLY in Support NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to the following points: (a) finding Defendant GEO liable on Counts I, II, and III of the Third Amended Complaint (Dkt. 184); (b) rejecting each of GEOs affirmative defenses; and (c) dismissi 411 filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Plaintiffs' Statement of Disputes of Material Fact in Response to GEO's Supplemental Statement of Facts, # 2 Plaintiffs' Response to GEO's Evidentiary Objections to Plaintiffs' Statement of Undisputed Facts, # 3 Plaintiffs' Response to GEO's Evidentiary Objections to Plaintiffs' Supplemental Statement of Undisputed Facts, # 4 Declaration of Daniel H. Charest in Support of Plaintiff's Reply in Support of their Motion for Partial Summary Judgment, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F)(Charest, Daniel) (Entered: 01/18/2021)

01/21/2021

439 NOTICE of Supplemental Authority with Respect to Cross Motions for Summary Judgment filed by Plaintiffs Jaime Campos Fuentes, Abdiaziz Karim, Ramon Mancia, Raul Novoa. (Attachments: # 1 Exhibit A)(Charest, Daniel) (Entered: 01/21/2021)

01/28/2021

440 MINUTES OF VIDEO CONFERENCE RE: SCHEDULING DATES held before Magistrate Judge Shashi H. Kewalramani. At the request of the parties, the Court held a conference regarding the scheduling deadlines set by the District Judge. Attorneys Daniel Charest and Andrew Free appeared for Plaintiffs. Attorneys Ellen Robbins and Adrienne Scheffey appeared on behalf of Defendant. The parties discussed the status of the case and existing deadlines. As discussed on the record, the Magistrate Judge does not have the authority to modify the scheduling order set by the District Judge. Court Reporter: Zoom. (et) (Entered: 01/29/2021)

01/29/2021

441 SCHEDULING NOTICE by Judge Jesus G. Bernal. The hearing on the following motions is CONTINUED TO from 2/1/2021 to 3/1/2021 at 9:00 a.m.: MOTION to Decertify Class 427 ; MOTION for Summary Judgment 414 . Motion set for hearing on 3/1/2021 at 09:00 AM before

Judge Jesus G. Bernal. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 01/29/2021)

02/01/2021

442 Joint STIPULATION to Continue (1) Final Pretrial Conference and Hearings on Motions in Limine from March 15, 2021 to March 29, 2021 and (2) Trial Date from March 30, 2021 to April 13, 2021 Re: Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines/Hearings, 354 filed by Defendant The GEO Group, Inc.. (Attachments: # 1 Proposed Order)(Robbins, Ellen) (Entered: 02/01/2021)

02/02/2021

443 NOTICE OF ERRATA filed by Defendant The GEO Group, Inc.. correcting Stipulation to Continue, 442 442-1 [Proposed] Re Joint Stipulation for Extension of Deadlines (Attachments: # 1 Exhibit A)(Robbins, Ellen) (Entered: 02/02/2021)

02/03/2021

444 ORDER by Judge Jesus G. Bernal, Granting Joint Stipulation for Extension of Deadlines 442 . The Final Pretrial Conference and hearing on Motions in Limine will be continued to Monday, March 29, 2021. The trial date will be continued to Tuesday, April 13, 2021. ( Jury Trial continued to 4/13/2021 before Judge Jesus G. Bernal., Pretrial Conference continued to 3/29/2021 before Judge Jesus G. Bernal.) (twdb) (Entered: 02/03/2021)

02/03/2021

445 SCHEDULING NOTICE by Judge Jesus G. Bernal: The MOTION for Partial Summary Judgment 411 is also continued from 2/1/2021 to 3/1/2021 at 09:00 AM before Judge Jesus G. Bernal. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 02/03/2021)

 
 Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 1 of 18 Page ID #:1

1 Will Thompson (Cal. Bar. No. 289012) wthompson@burnscharest.com
2 Warren Burns (pro hac vice to be filed) wburns@burnscharest.com
3 BURNS CHAREST LLP 900 Jackson St., Suite 500
4 Dallas, Texas 75202 Telephone: (469) 904-4550
5 Facsimile: (469) 444-5002

6 Korey A. Nelson (pro hac vice to be filed) knelson@burnscharest.com
7 Lydia A. Wright (pro hac vice to be filed) lwright@burnscharest.com
8 BURNS CHAREST LLP 365 Canal Street, Suite 1170
9 New Orleans, LA 70130 Telephone: (504) 799-2845
10 Facsimile: (504) 881-1765

11 R. Andrew Free (pro hac vice to be filed) andrew@immigrantcivilrights.com
12 LAW OFFICE OF R. ANDREW FREE P.O. Box 90568
13 Nashville, TN 37209 Telephone: (844) 321-3221
14 Facsimile: (615) 829-8959

15 Attorneys for Plaintiff Raul Novoa

16 UNITED STATES DISTRICT COURT

17

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION 18

RAUL NOVOA, individually and on behalf of Civil Action No. 5:17-cv-02514 19 all others similarly situated,

20 v.
21

Plaintiff,

THE GEO GROUP, INC., 22

Defendant. 23

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES
CLASS ACTION

24

25

26

27

28 1

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 2 of 18 Page ID #:2

1

PRELIMINARY STATEMENT

2

1. This action arises from systematic and unlawful wage theft, unjust enrichment, and

3 forced labor at the nation’s deadliest civil immigration detention facility—California’s Adelanto

4 Detention Center (the “Adelanto Facility” or the “Facility”).

5

2. The Adelanto Facility is a civil immigration detention facility owned and operated for

6 profit by Defendant The GEO Group, Inc. (“GEO”).

7

3. GEO is a multibillion-dollar corporation that owns and operates detention facilities

8 around the world. GEO has made tens of millions of dollars in profits from its contract to run the

9 Adelanto Facility.

10

4. Although it is contractually required to provide for all essential detention services at

11 the Facility, GEO uses the nearly-free labor of detainees to perform these services in order to

12 maximize profits.

13

5. GEO pays detainees just $1 per day to maintain and operate the Facility.

14

6. This labor is not voluntary in any meaningful sense. GEO maintains a corporate

15 policy and uniform practice at the Adelanto Facility of withholding necessary care from its detainees

16 to ensure a ready supply of available labor needed to operate the Facility. As a result, detainees are

17 forced to submit to GEO’s $1 per day scheme in order to buy the basic necessities – including food,

18 water, and hygiene products – that GEO refuses to provide for them.

19

7. GEO maintains a corporate policy and uniform practice at the Adelanto Facility of

20 threatening detainees who refuse to work with disciplinary segregation or solitary confinement,

21 reporting their actions to the United States Immigration and Customs Enforcement (“ICE”), or

22 referring them for criminal prosecution. These abusive practices and threats of abuse ensure that

23 detainees will continue working for subminimum wages.

24

8. GEO significantly reduces its labor costs and expenses, and increases its already vast

25 profits, by unlawfully forcing and coercing detainees to perform labor at subminimum wages. These

26 policies and practices violate California minimum wage law, the California Unfair Competition Law,

27 and federal and state Trafficking Victims Protection Acts, which prohibit forced labor.

28 2

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 3 of 18 Page ID #:3

1

9. Plaintiff Raul Novoa, individually and on behalf of all others similarly situated, brings

2 this class action lawsuit to stop the economic exploitation of detainees at the Adelanto Facility, to

3 recover unpaid wages, and to remedy the unjust enrichment resulting from GEO’s unlawful failure to

4 pay its detainee workforce legal wages.

5

JURISDICTION AND VENUE

6

10. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 because this

7 action arises under the Trafficking Victims Protection Act, 18 U.S.C. §§ 1589 et seq.

8

11. This Court has subject matter jurisdiction pursuant to the Class Action Fairness Act

9 of 2005, 28 U.S.C. § 1332(d), because at least one class member is of diverse citizenship from one

10 defendant; there are more than 100 class members; the aggregate amount in controversy exceeds

11 $5,000,000; and minimal diversity exists.

12

12. Venue is proper in this District under 28 U.S.C. § 1391(b)(2) because the events or

13 omissions giving rise to the claims occurred in this District.

14

13. This Court has personal jurisdiction over GEO because the corporation regularly

15 conducts business in California, and has sufficient minimum contacts with California.

16

14. Plaintiff requests that this Court exercise supplemental jurisdiction pursuant to

17 28 U.S.C. § 1367 over their state law claims arising under the California Minimum Wage Order, the

18 California Unfair Competition Law, and California common law.

19

PARTIES

20

15. Plaintiff Raul Novoa is an adult resident of Los Angeles, California. He is a lawful

21 permanent resident with longstanding family and community ties in the Los Angeles area. From

22 2012 through 2015, Mr. Novoa was detained at the Adelanto Facility. During those three years, he

23 was employed by GEO as a janitor and a barber. He was paid only $1 per day for his labor, regardless

24 of how many hours he worked.

25

16. Defendant GEO is a for-profit corporation providing correctional, detention, and

26 community reentry services. GEO is a Florida corporation, with its principal office located at 624

27 NW 53rd Street, Suite 700, Boca Raton, Florida 33487.

28 3

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 4 of 18 Page ID #:4

1

FACTUAL ALLEGATIONS

2 A. Immigration detention is civil—not criminal.

3

17. Each year, hundreds of thousands of individuals are detained in geographically

4 isolated immigration detention facilities while awaiting immigration or citizenship status

5 determinations. These detainees include U.S. citizens, lawful permanent residents (green card

6 holders) with longstanding family and community ties, survivors of torture, asylum seekers, victims

7 of human trafficking, children, and pregnant women.

8

18. Some detainees, like Mr. Novoa, were brought to the United States as children. And

9 thousands ultimately have their United States citizenship or legal residency affirmed by an

10 immigration court or federal judge.

11

19. Immigration violations are civil violations, and immigration detention is civil in

12 nature.1 Many detainees have no criminal history at all.

13

20. Notwithstanding immigration detention’s civil nature and purpose, detainees are

14 often subjected to prison-like conditions. According to Dora Schriro, former head of ICE’s Office of

15 Detention Policy and Planning, most detainees are held – systematically and unnecessarily – under

16 circumstances inappropriate for immigration detention’s noncriminal purposes.2 Detainees are

17 frequently subjected to punitive and long-term solitary confinement, inadequate medical care, sexual

18 and physical assault, and other harsh conditions of confinement, all without a conviction.

19

21. Many detainees submit to deportation simply to obtain release from these intolerable

20 conditions, even when they have valid claims to remain in the United States, including claims to

21 asylum or other discretionary relief.

22 B. The privatization of immigration detention and GEO’s economic windfall.

23

22. Immigration detention expanded roughly eightfold over the past two decades, from a

24 capacity of 5,532 detention beds in 19943 to a current capacity of over 41,000.4

25
1 See Fong Yue Ting v. United States, 149 U.S. 698, 728–30 (1893) (observing that deportation proceedings have “all the

26

elements of a civil case” and are “in no proper sense a trial or sentence for a crime or offense”). 2 Dora Schriro, U.S. Dep’t of Homeland Sec., Immigration Detention Overview and Recommendations 10, 15 (2009).

27

3 Sharita Gruberg, How For-Profit Companies are Driving Immigration Detention Policies, Center for American Progress (Dec. 18, 2015), available at

https://www.americanprogress.org/issues/immigration/reports/2015/12/18/127769/how-for-profit-companies-are-
28 driving-immigration-detention-policies/

4

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 5 of 18 Page ID #:5

1

23. During the same period, GEO and other private prison corporates have spent tens of

2 millions of dollars on lobbying efforts.5

3

24. As immigration detention has expanded, private prison corporations, particularly

4 GEO, have gained an increasing share of the contracts for new detention beds.6

5

25. Contracts with ICE accounted for 23.1% of GEO’s revenues in 2016, up from 17.7%

6 in 2015.7 GEO officials expect these lucrative ICE contracts to account for a significant percentage

7 of the corporation’s ongoing revenues.8

8

26. GEO’s 2016 revenues were over $2 billion, and its stock is publicly traded on the

9 New York Stock Exchange.

10

27. GEO’s economic windfall, and the profitability of its immigration detention

11 enterprise, arises from its policy of systemically withholding necessary case from detainees to ensure a

12 readily available, captive labor force that cleans, maintains, and operates its facilities for sub-minimal

13 wages under threat of solitary confinement and abuse of legal process. Without this nearly free

14 detainee labor, GEO’s windfall from immigrant detention would be substantially decreased.

15 C. GEO withholds necessary care from detainees at the Adelanto Facility.

16

28. Since 2011, GEO has contracted with ICE to operate the Adelanto Facility, which is

17 a 1,940-bed immigration detention facility in Adelanto, California. More than 73,000 detainees have

18 passed through the Facility.

19

29. The Adelanto Facility is notorious for its poor treatment of detainees.

20

30. For example, in November 2011, shortly after the Adelanto Facility opened, an ICE

21 annual review found that the facility’s “medical officials were not conducting detainee health

22

23

24 4 Jenny Jarvie, “This industry stands to benefit from Trump’s crackdown on the border,” Los Angeles Times (Feb. 14,
2017) available at http://www.latimes.com/nation/la-na-immigrant-detention-20170214-story.html;

25 5 Michael Cohen, How for-proft prisons have become the biggest lobby no one is talking about, Washington Post (Apr.
28, 2015), available at https://www.washingtonpost.com/posteverything/wp/2015/04/28/how-for-profit-prisons-have-

26

become-the-biggest-lobby-no-one-is-talking-about/?utm_term=.25de04ae71f9 6 Bethany Carson & Eleana Diaz, Payoff: How Congress Ensures Private Prison Profit with an Immigrant Detention

27

Quota, Grassroots Leadership (Apr. 2015) at 4, Chart 1-AA, available at https://grassrootsleadership.org/sites/default/files/reports/quota_report_final_digital.pdf

7 The GEO Group, Inc., 2017 10-K form at 36, available at http://www.snl.com/Cache/c38242453.html.
28 8 Id.

5

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 6 of 18 Page ID #:6

1 appraisals within 14 days of arrival, and registered nurses were performing health assessments”

2 without proper training or certification.9

3

31. Ten months later, ICE’s Office of Detention Oversight found that Adelanto Facility

4 officials often delay responding to detainee requests for medical care and fail to promptly review

5 medical records.10 That report also said that the death of a detainee in March 2012 resulted from

6 “egregious errors” by medical staff and could have been prevented.

7

32. In 2014, the Office of Detention Oversight found the Adelanto Facility deficient in

8 26 competency areas, including 16 related to the facility’s efforts to prevent and intervene in sexual

9 abuse.11

10

33. In 2015, more than two dozen members of Congress wrote a letter to the U.S. Justice

11 Department and ICE officials expressing concerns about reports of medical neglect at the Facility.12

12 That same year, 26 detainees resorted to a two-week hunger strike to protest GEO’s failure to

13 provide adequate care there.13

14

34. The Adelanto Facility was called “the deadliest detention center of 2017” by

15 immigrant rights activists because more detainees died there than in any other detention center in the

16 United States that year.14

17

35. A peer-reviewed study released in 2017 found that detainees held six months or more

18 in the Adelanto Facility experienced lower likelihoods of receiving any in-person visitation with their

19 children as well as fewer total visits.15

20

9 https://www.ice.gov/doclib/foia/odo-compliance-inspections/adelantoCorrectionalFac_Adelanto-CA-Sept_18-20-
21 2012.pdf

10 Id.

22 11 U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, Office of Oversight Detention,

“Compliance Inspection,” (July 2014), available at https://www.ice.gov/doclib/foia/odo-compliance-

23 inspections/2014AdelantoJuly.pdf

12 Kate Linthicum, “Citing neglect, lawmakers urge halt to migrant detention center expansion,” Los Angeles Times (July

24 14, 2015), available at http://beta.latimes.com/local/lanow/la-me-ln-adelanto-immigrant-detention-20150713-story.html
13 Kate Linthicum, “Immigrants end hunger strike at Adelanto detention facility,” Los Angeles Times (Nov. 16, 2015),

25 available at http://beta.latimes.com/local/lanow/la-me-ln-adelanto-hunger-strike-ends-20151116-story.html
14 Detention Watch Network, “Third Death in Immigration Detention Makes the Adelanto Detention Center the

26

Deadliest Facility in 2017,” (June 2, 2017), available at https://www.detentionwatchnetwork.org/pressroom/releases/2017/third-death-immigration-detention-makes-adelanto-

27

detention-center-deadliest 15 Caitlin Patler and Nicolas Branic, “Patterns of Family Visitation During Immigration Detention,” RSF: The Russell

Sage Foundation Journal of the Social Sciences, vol. 3 no. 4 18-36 (July 2017) available at
28 http://www.rsfjournal.org/doi/pdf/10.7758/RSF.2017.3.4.02

6

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 7 of 18 Page ID #:7

1

36. Despite this track record, GEO maintains a corporate policy and uniform practice of

2 withholding sufficient food, water, and hygiene products from the detainees at the Adelanto Facility.

3 As a result, detainees are forced to either purchase these daily necessities from the Facility’s

4 commissary, or go without.

5

37. By maintaining these harsh conditions and purposely withholding basic necessities

6 from detainees, GEO ensures an available labor pool of detainees will work for only $1 per day, thus

7 allowing it to continue operating the Adelanto Facility at an enormous profit.

8 D. GEO uses detainees to clean, maintain, and operate the Adelanto Facility.

9

38. Through its so-called Voluntary Work Program (the “Work Program”), GEO hires

10 detainees to perform work that directly contributes to institutional operations, at a rate of $1 per

11 day.16

12

39. Despite its name, the Work Program is not “voluntary.” Instead, GEO maintains a

13 corporate policy and uniform practice at the Adelanto Facility of withholding necessary care from its

14 detainees. As a result, detainees are forced to submit to GEO’s $1 per day scheme in order to buy

15 necessities – including food, water, and hygiene products – that GEO refuses to provide for them.

16

40. Further, GEO maintains a corporate policy and uniform practice at the Facility of

17 threatening to place those who refuse to work into solitary confinement. These conditions, policies,

18 and practices ensure that detainees continue working for subminimum wages.

19

41. In the Work Program, detainees are required to work according to an assigned work

20 schedule and to participate in work-related training. At all times, GEO controls detainees’ wages,

21 hours, and working conditions.

22

42. GEO provides all necessary personal protection equipment and work uniforms. For

23 example, kitchen workers are provided with and required to wear a white top/bottom uniform with a

24 white apron, rubberized work boots, beard guards and hairnets, and freezer jackets and gloves as

25 needed.

26

27

28 16 Id. 7

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 8 of 18 Page ID #:8

1

43. GEO records the hours detainees work and periodically credits wages to their

2 accounts.

3

44. The detainee workers are “employees,” and GEO is an “employer” under California’s

4 minimum wage laws.

5

45. GEO informs all detainees entering the Adelanto Facility that the following work

6 assignments may be available through the Work Program:

7

a. Intake

8

b. Kitchen Worker

9

c. Recreation

10

d. Library

11

e. Barber

12

f. Laundry

13

g. Living area clean-up/janitorial

14

h. Evening workers (facility janitorial)

15

i. Maintenance

16

46. In the course of their labor and employment by GEO, detainees employed in the

17 Work Program performed a wide range of work, including but not limited to:

18

a. Scrubbing bathrooms, showers, toilets, and windows;

19

b. Cleaning and maintaining GEO’s on-site medical facility;

20

c. Cleaning patient rooms and medical staff offices;

21

d. Sweeping, mopping, stripping, and waxing floors throughout the facility;

22

e. Washing detainee laundry;

23

f. Preparing, cooking, and serving detainee meals;

24

g. Washing dishes;

25

h. Cleaning the kitchen and cafeteria before and after detainee meals;

26

i. Performing clerical work for GEO;

27

j. Running and managing the law library;

28

k. Providing barber services to detainees;

8

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 9 of 18 Page ID #:9

1

l. Cleaning intake areas and solitary confinement units; and

2

m. Cleaning and maintaining recreational areas.

3

47. The Work Program allows GEO to avoid recruiting from the traditional labor

4 market, complying with the terms of its union contracts, and paying all costs associated with

5 potential, current, and former employment relationships, thereby reducing operational costs and

6 increasing its own profits.

7

48. GEO does not pay and has not paid detainees the state minimum wage – currently,

8 $10.50 per hour – for the hours they worked at the Adelanto Facility.

9

49. GEO’s contract with ICE requires GEO to comply with all federal, state, and local

10 laws.

11

50. No clause in GEO’s contract with ICE or any rule or standard incorporated by

12 reference into the contract requires GEO to maximize its profits by paying detainees sub-minimum

13 wages.

14

51. GEO’s pay policies violate California’s minimum wage laws.

15 E. Plaintiff Novoa’s employment at the Adelanto Facility

16

52. Mr. Novoa is citizen of Mexico and a legal permanent resident of the United States.

17 He has lived in Los Angeles since age four.

18

53. Mr. Novoa is employed by a commercial construction company to complete roofing,

19 tiling, drywalling, and framing projects. He currently earns $15.65 per hour.

20

54. Mr. Novoa was detained at the Adelanto Facility from June 2012 through February

21 2015.

22

55. Mr. Novoa has performed work for GEO at the Adelanto Facility and was not paid

23 the state minimum wage for the work he has performed.

24

56. As a janitor, Mr. Novoa worked in a five-person crew to clean windows, floors,

25 showers, bathrooms, and communal areas in the Facility. He worked four-hour shifts, up to seven

26 days per week. He used cleaning supplies and equipment provided by GEO.

27

28 9

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 10 of 18 Page ID #:10

1

57. As a barber, Mr. Novoa provided haircutting services to other detainees. He worked

2 up to 10 hours per day, seven days per week. He used barber supplies and equipment provided by

3 GEO.

4

58. In return for this labor, Mr. Novoa was paid $1 per day, regardless of the number of

5 hours he worked. GEO credited these wages to Mr. Novoa’s commissary account.

6

59. Mr. Novoa spent his wages on food, bottled water, and hygiene products from the

7 Adelanto Facility commissary, among other necessities.

8

60. Officers at the Adelanto Facility threatened to put Mr. Novoa in disciplinary

9 segregation, i.e., solitary confinement, if Mr. Novoa stopped working or encouraged other detainees

10 to stop working.

11

61. If given a meaningful choice, Mr. Novoa would not have worked for $1 per day.

12

62. GEO falsely led Mr. Novoa to believe the corporation could not pay him more than

13 $1 per day, despite the fact that it does so as a matter of course at several of its other immigration

14 detention facilities.

15

63. GEO retained the value of Mr. Novoa’s labor by realizing this value as corporate

16 profits, rather than using it to provide for safer, more humane living conditions for detainees at the

17 Adelanto Facility.

18

CLASS ACTION ALLEGATIONS

19

64. Plaintiff brings this lawsuit as a class action on behalf of himself, and all others

20 similarly situated as members of the proposed classes, under Federal Rules of Civil Procedure 23(a)

21 and (b)(3). This action satisfies the numerosity, commonality, typicality, adequacy, predominance, and

22 superiority requirements of those provisions.

23 A. Class Definition

24

65. Plaintiff seeks to certify the following class: All civil immigration detainees who

25 performed work for GEO at the Adelanto Detention Center in the Work Program since GEO

26 assumed responsibility for the Facility in May 2011.

27

28 10

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 11 of 18 Page ID #:11

1

66. Excluded from the definition are the defendants, their officers, directors,

2 management, employees, subsidiaries, and affiliates, and all federal governmental entities. Plaintiff

3 reserves the right to revise the Class Definition based upon information learned through discovery.

4 B. Class Certification Requirements under Rule 23

5

67. Numerosity: Rule 23(a)(1). Each class is so numerous that joinder of all members

6 is impracticable. Plaintiff does not know the exact size of the class since that information is within

7 the control of GEO. However, upon information and belief, Plaintiff alleges that the number of class

8 members is numbered in the thousands. Membership in the class is readily ascertainable from GEO’s

9 detention and employment records.

10

68. Commonality and Predominance: Rules 23(a)(2) and 23(b)(3). There are

11 numerous questions of law or fact common to the Class, and those issues predominate over any

12 question affecting only individual class members. The common legal and factual issues include the

13 following:

14

a. Whether Plaintiff and the Class Members were entitled to the protections of the

15

California Minimum Wage Order;

16

b. Whether Plaintiff and the Class Members performed compensable work;

17

c. Whether Plaintiff and the Class Members were paid $1 per day for their labor;

18

d. Whether GEO engaged in conduct that violated California law – including the

19

California Minimum Wage Order, the California Unfair Competition Law, and

20

the California Trafficking Victims Protection Act;

21

e. Whether GEO engaged in conduct that violated the federal Trafficking Victims

22

Protection Act;

23

f. Whether Plaintiff and the Class Members are entitled to equitable relief, including

24

injunctive and declaratory relief; and

25

g. Whether Plaintiff and the Class members are entitled to damages and other

26

monetary relief and, if so, in what amount.

27

69. Typicality: Rule 23(a)(3). The claims asserted by Plaintiff is typical of the claims of

28 the Class, in that the representative plaintiff, like all Class Members, was paid subminimum wages 11

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 12 of 18 Page ID #:12

1 while employed by GEO at the Adelanto Facility. Each member of the proposed Class has been

2 similarly injured financially by GEO’s misconduct.

3

70. Adequacy: Rule 23(a)(4). Plaintiff will fairly and adequately protect the interests of

4 the Class. Plaintiff has retained attorneys experienced in class and complex litigation, including wage

5 and hour class action litigation. Plaintiff intends to vigorously prosecute this litigation. Neither

6 Plaintiff nor his counsel have interests that conflict with the interests of the other class members.

7

71. Superiority: Rules 23(b)(3). Plaintiff and the Class Members have all suffered and

8 will continue to suffer harm and damages as a result of GEO’s wrongful conduct. A class action is

9 superior to other available methods for the fair and efficient adjudication of the controversy.

10 Treatment as a class action will permit a large number of similarly situated persons to adjudicate their

11 common claims in a single forum simultaneously, efficiently, and without the duplication of effort

12 and expense that numerous individual actions would engender. Class treatment will also permit the

13 adjudication of claims by many members of the proposed class who could not individually afford to

14 litigate a claim such as is asserted in this complaint. This class action likely presents no difficulties in

15 management that would preclude maintenance as a class action.

16

CAUSES OF ACTION

17

COUNT I

CALIFORNIA MINIMUM WAGE LAW

18

Cal. Labor Code §§ 1194, 1197, 1197.1

19

72. Plaintiff realleges and incorporate by reference herein all allegations above.

20

73. The California Legislature set the following minimum wages for 2011-2017:17

21

January 1, 2017

$10.50 for employers with 26 employees or more

22

January 1, 2014

$9.00

23

January 1, 2008

$8.00

24

74. The minimum wage is an obligation of the employer and cannot be waived by any

25 agreement.

26

75. Detainees at the Adelanto Facility do not forfeit their rights to wage protections.

27

28 17 See http://www.dir.ca.gov/iwc/MinimumWageHistory.htm/; https://www.dir.ca.gov/dlse/faq_minimumwage.htm 12

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 13 of 18 Page ID #:13

1

76. Employees protected by California’s minimum wage laws must be paid at least the set

2 hourly minimum wage.

3

77. Detainees at the Adelanto Facility who participate in the Work Program qualify as

4 employees of GEO under California law.

5

78. GEO qualifies as an employer under California law.

6

79. Labor in the immigration detention context is not intended as a punitive measure.

7

80. GEO does not compensate detainees the state minimum wage for the work they

8 performed at the Adelanto Facility. Instead, GEO pays detainees $1 per day for work they perform at

9 its facility. 81. Plaintiffs seek to recover, on their own behalf and on behalf of all others similarly
10 situated, unpaid minimum wages and costs of this suit.

11 COUNT II

12

UNJUST ENRICHMENT

California Common Law

13

14

82. Plaintiff realleges and incorporates by reference herein all allegations above.

15

83. GEO materially and significantly reduced its labor costs and expenses, and increased

16 its profits, because Plaintiff and Class Members perform undercompensated labor.

17

84. Plaintiff and Class Members conferred non-gratuitous benefits upon GEO by

18 performing work for $1 per day, for which GEO would otherwise have had to pay at least the

19 applicable minimum wage or more, thereby significantly and materially increasing GEO’s profits,

20 unjustly enriching GEO at the expense of and detriment to Plaintiff and Class Members.

21

85. GEO’s retention of any benefit collected directly and indirectly from this

22 uncompensated labor violated principles of justice, equity, and good conscience.

23

86. As a direct and proximate result of GEO’s forced labor practices, Plaintiff and Class

24 Members have suffered concrete harm and injury, including physical and emotional injury, monetary

25 loss, and the unlawful violation of their rights.

26

87. Plaintiff and Class Members are entitled to recover from GEO all amounts that GEO

27 has wrongfully and improperly obtained, and GEO should be required to disgorge to Plaintiff and

28 13

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 14 of 18 Page ID #:14

1 the Class Members the benefits it has unjustly obtained. Plaintiff and Class Members are also entitled

2 to recover exemplary damages. C.R.S. § 13- 21-102.

3

COUNT III

CALIFORNIA UNFAIR COMPETITION LAW

4

Cal. Bus. & Prof. Code § 17200, et seq.

5

88. Plaintiff realleges and incorporates by reference herein all allegations above.

6

89. California’s Unfair Competition Law (“UCL”) prohibits unfair competition, defined

7 as “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or

8 misleading advertising and any act prohibited by [California’s False Advertising Law].” Cal. Bus. &

9 Prof. Code § 17200.

10

90. GEO willfully violated, and continues to violate, the “unlawful” prong of the UCL by

11 violating California labor law.

12

91. The acts, omissions, and practices of GEO constitute unfair and unlawful business

13 acts and practices under the UCL in that GEO’s conduct offends public policy against forced labor,

14 and seeks to profit by violating Plaintiffs’ rights under state and federal law.

15

92. As a direct and proximate result of GEO’s unlawful and unfair business practices,

16 Plaintiff and the Class Members have suffered economic injury.

17

COUNT IV

18

CALIFORNIA TRAFFICKING VICTIMS PROTECTION ACT Cal. Civ. Code § 52.5

19

93. Plaintiff realleges and incorporates by reference herein all allegations above.

20

94. Pursuant to the California Trafficking Victims Protection Act, Cal. Civ. Code § 52.5,

21 “a victim of human trafficking, as defined in Section 236.1 of the Penal Code, may bring a civil action

22 for actual damages, compensatory damages, punitive damages, injunctive relief, any combination of

23 those, or any other appropriate relief.”

24

95. Human trafficking is defined as the deprivation or violation of the personal liberty of

25 another “with the intent to obtain forced labor or services.” Cal. Penal Code § 236.1.

26

96. Forced labor or services is defined as “labor or services that are performed or

27 provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or

28 14

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 15 of 18 Page ID #:15

1 equivalent conduct that would reasonably overbear the will of the person.” Cal. Penal Code

2 § 236.1(h)(5).

3

97. GEO materially and significantly reduced its labor costs and expenses, and increased

4 its profits, by unlawfully forcing and coercing Plaintiff and the Class Members to perform

5 uncompensated labor. In order to drive profits, GEO acted with the intent to obtain forced labor or

6 services from its detainees.

7

98. As alleged herein, GEO did not and does not provide detainees at the Adelanto

8 Facility with sufficient provisions and necessities for daily life. In order to purchase these necessary

9 items, including bottled water and extra food, Plaintiff and the Class Members were forced or

10 coerced to perform labor and services for GEO for $1 per day.

11

99. Plaintiff and Class Members are entitled to recover from GEO all amounts that GEO

12 has wrongfully and improperly obtained, and GEO should be required to disgorge to Plaintiff and

13 the Class Members the benefits it has unjustly obtained. Plaintiff and Class Members are also entitled

14 to recover exemplary damages. C.R.S. § 13- 21-102.

15

COUNT V

ATTEMPTED FORCED LABOR

16

18 U.S.C. §§ 1589(a) & 1594(a)

17

100. Plaintiff realleges and incorporates by reference herein all allegations above.

18

101. Plaintiff and the Class Members are victims of attempted forced labor as defined by

19 18 U.S.C. § 1589(a).

20

102. GEO attempts to violate 18 U.S.C. § 1589(a)(2) by knowingly maintaining a corporate

21 policy and uniform practice at the Adelanto Facility aimed at obtaining nearly free detainee labor and

22 services by:

23

a. Withholding daily necessities from Plaintiff and the Class Members, thereby

24

forcing them to work for subminimum wages in order to buy those daily

25

necessities for themselves and avoid serious harm, including, but not limited to,

26

malnutrition, unsanitary living quarters, extreme isolation, and unhygienic

27

conditions of confinement;

28

15

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1

b. Threatening Plaintiff and the Class Members with physical restraint, serious harm,

2

and abuse of law or legal process if they refuse to provide their labor, organize a

3

work stoppage, or participate in a work stoppage;

4

103. GEO further violated 18 U.S.C. § 1589 by maintaining a corporate policy and

5 uniform practice at the Adelanto Facility of threatening to put Plaintiff and the Class Members with

6 serious harm, including solitary confinement, referral to an ICE officer, or criminal prosecution if

7 they refused to work.

8

104. GEO attempted to perpetrate the offense of forced labor against Plaintiff and the

9 Class Members.

10

105. GEO knowingly benefitted financially from participation in a venture GEO knew or

11 should have known engaged in unlawful coercion of labor in violation of 18 U.S.C. § 1589.

12

106. Plaintiff and the Class Members have suffered damages in an amount to be

13 determined at trial.

14

107. Plaintiff and the Class Members are entitled to recover compensatory and punitive

15 damages.

16

108. Plaintiff and the Class Members are entitled to recover mandatory restitution in the

17 full amount of their losses.

18

109. Plaintiff and the Class Members are entitled to recover their reasonable attorney’s

19 fees.

20

PRAYER FOR RELIEF

21

WHEREFORE, Plaintiff, individually and on behalf of the Class, requests that the Court:

22

a. Certify this action as a class action, with a class as defined above;

23

b. Find that Plaintiff is a proper representative of the Class, and appoint the undersigned as

24

Class Counsel;

25

c. Order GEO to pay for notifying Class Members of the pendency of this suit;

26

d. Order disgorgement of GEO’s unjustly-acquired revenue, profits, and other benefits

27

resulting from its unlawful conduct;

28 16

Case 5:17-cv-02514 Document 1 Filed 12/19/17 Page 17 of 18 Page ID #:17

1

e. Award declaratory and other equitable relief as is necessary to protect the interests of

2

Plaintiff and Class Members;

3

f. Award injunctive relief as is necessary to protect the interests of Plaintiff and Class

4

Members, including enjoining GEO from continuing to conduct business through the

5

unlawful and unfair practices alleged herein;

6

g. Award Plaintiff and Class Members monetary damages for lost wages in an amount to be

7

determined at trial;

8

h. Award Plaintiff and Class members their reasonable litigation expenses and attorneys’

9

fees; and

10

i. Award any further relief that the Court deems just and equitable.

11

12

13 Dated: December 19, 2017

Respectfully Submitted,

14

/s/ Will Thompson

Korey A. Nelson, Esq.*

15

Lydia A. Wright, Esq.*

BURNS CHAREST LLP

16

365 Canal Street, Suite 1170

New Orleans, LA 70130

17

Telephone: (504) 799-2845

Facsimile: (504) 881-1765

18

knelson@burnscharest.com

lwright@burnscharest.com 19

Warren T. Burns, Esq.*

20

Will Thompson

(Cal. Bar. No. 289012)

21

BURNS CHAREST LLP

900 Jackson St., Suite 500

22

Dallas, Texas 75202

Telephone: (469) 904-4550

23

Facsimile: (469) 444-5002

wburns@burnscharest.com

24

wthompson@burnscharest.com

25

R. Andrew Free, Esq.*

LAW OFFICE OF R. ANDREW FREE

26

PO Box 90568

Nashville, TN 37209

27

Tel: (844) 321-3221

Fax: (615) 829-8959

28

andrew@immigrantcivilrights.com

17

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1

*Application for admission pro hac vice

forthcoming.

2 Counsel for Plaintiff

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 18

 
 Case 5:17-cv-02514-JGB-SHK Document 45 Filed 07/03/18 Page 1 of 27 Page ID #:331

1 LESLEY HOLMES (BAR NO. 271903)

NORTON ROSE FULBRIGHT US LLP

2 555 South Flower Street

Forty-First Floor

3 Los Angeles, California 90071

Telephone: (213) 892-9200

4 Facsimile: (213) 892-9494

lesley.swanson.holmes@nortonrosefulbright.com

5

6 NMOARRTKOENMREROYSE(PFRUOLHBARCIGVHICTEU) S LLP

799 9th Street NW Suite 100

7 Washington, D.C. 20001-4501

Telephone: (202) 662-0200

8 Facsimile: (202) 662-4643

mark.emery@nortonrosefulbright.com

9

10

CHARLES NORTON

RAO. DSEEAFCUOLNBR(PIRGOHTHAUCS

VLILCPE)

300 Convent Street Suite 2100

11 San Antonio, TX 78205-3792

Telephone: (210) 270-7133

12 Facsimile: (210) 270-7205

charlie.deacon@nortonrosefulbright.com

13

ATTORNEYS FOR DEFENDANT

14 THE GEO GROUP, INC.

15 IN THE UNITED STATES DISTRICT COURT
16 FOR THE CENTRAL DISTRICT OF CALIFORNIA
17 EASTERN DIVISION
18

19 RAUL NOVOA, individually and on 20 behalf of all others similarly situated,

21

Plaintiff,

22

v.

23

24 THE GEO GROUP, INC.,

25

Defendant.

26

27

28

Case No. 5:17-cv-02514-JGB-SHKx DEFENDANT THE GEO GROUP, INC.’S ANSWER TO PLAINTIFF’S ORIGINAL COMPLAINT and THE GEO GROUP, INC.’S COUNTERCLAIMS (1) Unjust Enrichment/Offset (2) Declaratory Relief DEMAND FOR JURY TRIAL Complaint Filed: 12/19/17

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1

2 THE GEO GROUP, INC.,

3

Counter-Claimant,

4

v.

5

6

RAUL NOVOA, individually and on behalf of all others similarly situated,

7

Counter-Defendant.

8

9

Defendant The GEO Group, Inc. (“GEO”) answers the Complaint for

10 Declaratory and Injunctive Relief and Damages (“Complaint;” Dkt. #1) of Plaintiff

11 Raul Novoa, individually and on behalf of all others similarly situated (“Plaintiff”),

12 and states its affirmative defenses, as follows:

13

PRELIMINARY STATEMENT

14

1. Paragraph 1 of the Complaint states Plaintiff’s characterization and

15 understanding of the nature of the action rather than alleging any facts for GEO to

16 admit or deny. To the extent this paragraph alleges any facts, GEO denies the

17 allegations set forth in Paragraph 1 of the Complaint.

18

2. GEO admits that it owns and operates the Adelanto Facility, an

19 immigration processing and detention center, for profit. GEO denies the remaining

20 allegations set forth in Paragraph 2 of the Complaint.

21

3. GEO admits it owns and operates correctional, detention and

22 community reentry facilities in the United States and abroad for profit. GEO denies

23 the remaining allegations set forth in Paragraph 3 of the Complaint.

24

4. GEO denies the allegations set forth in Paragraph 4 of the Complaint.

25

5. GEO admits that immigration detainees who choose to participate in

26 the federally-mandated Voluntary Work Program may receive a $1 allowance for

27 each day of participation regardless of tasks performed, work accomplished, or

28 duration of participation. The $1 allowance per detainee is passed from ICE to

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1 detainees via a detainee trust account. GEO denies the remaining allegations set

2 forth in Paragraph 5 of the Complaint.

3

6. Paragraph 6 of the Complaint contains Plaintiff’s characterization of

4 the nature of the action rather than averring any facts for GEO to admit or deny. To

5 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

6 6 of the Complaint. Voluntary Work Program participants choose to perform self-

7 care tasks like meal preparation, basic housekeeping chores, and grooming to

8 eliminate idle time while in detention. The Voluntary Work Program is

9 administered in the secured environment of the detention facility, pursuant to

10 federal detention standards.

11

7. Paragraph 7 of the Complaint contains Plaintiff’s characterization of

12 the nature of the action rather than averring any facts for GEO to admit or deny. To

13 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

14 7 of the Complaint. Civil immigration detainees who participate in the Voluntary

15 Work program are not employed by GEO, and Plaintiff has no basis for claiming

16 minimum wage payments, individually or on behalf of a class.

17

8. Paragraph 8 of the Complaint contains Plaintiff’s characterization of

18 the nature of the action rather than averring any facts for GEO to admit or deny. To

19 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

20 8 of the Complaint. California’s Minimum Wage Law (“MWL”) does not establish

21 an employment relationship between detainees and GEO. Federal immigration

22 detainees have no right to claim competitive wages while detained at government

23 expense. GEO specifically denies any violation of California’s Unfair Competition

24 Law or the federal and state Trafficking Victims Protection Act.

25

9. GEO is without knowledge or information sufficient to form a belief as

26 to the truth of the allegations set forth as Paragraph 9 of the Complaint and

27 accordingly denies the truth of the allegations.

28

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1

JURISDICTION AND VENUE

2

10. GEO denies that the Court has subject matter jurisdiction over this

3 suit.

4

11. Plaintiff alleges that the Court has jurisdiction over this case based on

5 his allegations and GEO’s citizenship. GEO has no basis to affirm or deny the

6 factual averments regarding jurisdiction under the Class Action Fairness Act, 28

7 U.S.C. § 1332(d), and therefore denies them. GEO further denies that the Court has

8 subject matter jurisdiction over this suit.

9

12. GEO admits to the extent the Court has jurisdiction, venue is proper in

10 this District. GEO denies the remaining allegations set forth in Paragraph 12 of the

11 Complaint.

12

13. GEO admits that it conducts business in Adelanto, San Bernardino

13 County, California. GEO denies the remaining allegations set forth in Paragraph 13

14 of the Complaint.

15

14. Paragraph 14 of the Complaint refers to Plaintiff’s request for the

16 Court to exercise supplemental jurisdiction over his state law claims. GEO is

17 without knowledge or information sufficient to form a belief as to Plaintiff’s

18 requests. GEO denies that the Court has supplemental jurisdiction over this suit.

19

PARTIES

20

15. GEO admits that ICE detained Plaintiff at the Adelanto Facility for a

21 period of time and that he received $1 per day as an allowance for participating in

22 the Voluntary Work Program. GEO is without knowledge or information sufficient

23 to form a belief as to the truth of the remaining allegations set forth as Paragraph 15

24 of the Complaint and accordingly denies the truth of the allegations.

25

16. GEO admits it is a for-profit Florida corporation providing

26 correctional, detention, and community reentry services. GEO’s principal office is

27 located at 621 NW 53rd Street, Suite 700, Boca Raton, Florida, 33487.

28

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1

FACTUAL ALLEGATIONS

2 A. Immigration detention is civil – not criminal.

3

17. Paragraph 17 of the Complaint states Plaintiff’s understanding of the

4 nature of the action rather than alleging any facts for GEO to admit or deny. To the

5 extent any facts are alleged, GEO denies the allegations in Paragraph 17 of the

6 Complaint.

7

18. GEO is without knowledge or information sufficient to form a belief as

8 to the truth of the allegations set forth as Paragraph 18 of the Complaint and

9 accordingly denies the truth of the allegations.

10

19. Paragraph 19 of the Complaint states Plaintiff’s understanding of the

11 nature of the action rather than alleging any facts for GEO to admit or deny. To the

12 extent any facts are alleged, GEO denies the allegations in Paragraph 19 of the

13 Complaint.

14

20. Paragraph 20 of the Complaint states Plaintiff’s understanding of the

15 nature of the action rather than alleging any facts for GEO admit or deny. To the

16 extent any facts are alleged, GEO denies the allegations in Paragraph 20 of the

17 Complaint.

18

21. Paragraph 21 of the Complaint states Plaintiff’s understanding of the

19 nature of the action rather than alleging any facts for GEO admit or deny. To the

20 extent any facts are alleged, GEO denies the allegations in Paragraph 21 of the

21 Complaint.

22 B. The privatization of immigration detention and GEO’s economical

23

windfall.

24

22. GEO is without knowledge or information sufficient to form a belief as

25 to the truth of the allegations set forth as Paragraph 22 of the Complaint and

26 accordingly denies the truth of the allegations.

27

23. GEO admits that it engages in lobbying efforts. GEO is without

28 knowledge or information sufficient to form a belief as to the truth of the remaining

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1 allegations regarding other private prison corporations set forth as Paragraph 23 of

2 the Complaint. GEO denies the truth of the remaining allegations set forth in

3 Paragraph 23 of the Complaint.

4

24. Paragraph 24 of the Complaint states Plaintiff’s understanding of the

5 nature of the action rather than alleging any facts for GEO admit or deny. To the

6 extent any facts are alleged, GEO denies the allegations in Paragraph 24 of the

7 Complaint.

8

25. GEO is without knowledge or information sufficient to form a belief as

9 to the truth of the allegations set forth as Paragraph 25 of the Complaint and

10 accordingly denies the truth of the allegations.

11

26. GEO admits it is a publicly traded corporation that is listed on the New

12 York Stock Exchange. GEO denies the remaining allegations set forth as Paragraph

13 26 of the Complaint.

14

27. Paragraph 27 of the Complaint states Plaintiff’s understanding of the

15 nature of the action rather than alleging any facts for GEO admit or deny. To the

16 extent any facts are alleged, GEO denies the allegations in Paragraph 27 of the

17 Complaint.

18 C. GEO withholds necessary care from detainees at the Adelanto Facility.

19

28. GEO denies it contracts with ICE to operate the Adelanto Facility.

20 ICE contracts with the City of Adelanto for operation of the Adelanto Facility to

21 enable ICE to meet its immigration processing needs, with GEO serving as the

22 City’s subcontractor. The Adelanto Facility has capacity for approximately 1,940

23 detainees. All other facts not expressly admitted in Paragraph 28 are denied.

24

29. GEO denies the allegations set forth in Paragraph 29 of the Complaint.

25

30. GEO denies the allegations set forth in Paragraph 30 of the Complaint.

26

31. GEO denies the allegations set forth in Paragraph 31 of the Complaint.

27

32. GEO denies the allegations set forth in Paragraph 32 of the Complaint.

28

33. GEO denies the allegations set forth in Paragraph 33 of the Complaint.

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1

34. GEO denies the allegations set forth in Paragraph 34 of the Complaint.

2

35. GEO denies the allegations set forth in Paragraph 35 of the Complaint.

3

36. GEO denies the allegations set forth in Paragraph 36 of the Complaint.

4

37. GEO denies the allegations set forth in Paragraph 37 of the Complaint.

5 D. GEO uses detainees to clean, maintain, and operate the Adelanto

6 Facility.

7

38. GEO admits that detainees who choose to participate in the federally-

8 mandated Voluntary Work Program may receive a $1 allowance for each day of

9 participation regardless of tasks performed, work accomplished, or duration of

10 participation. The $1 allowance per detainee is passed from ICE to detainees via a

11 detainee trust account. GEO denies the remaining allegations set forth in Paragraph

12 38 of the Complaint.

13

39. Paragraph 39 of the Complaint contains Plaintiff’s characterization of

14 the nature of the action rather than averring any facts for GEO to admit or deny. To

15 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

16 39 of the Complaint. Voluntary Work Program participants choose to perform self-

17 care tasks like meal preparation, basic housekeeping chores, and grooming to

18 eliminate idle time while in detention. The Voluntary Work Program is

19 administered in the secured environment of the detention facility, pursuant to

20 federal detention standards.

21

40. Paragraph 40 of the Complaint contains Plaintiff’s characterization of

22 the nature of the action rather than averring any facts for GEO to admit or deny. To

23 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

24 40 of the Complaint. Civil immigration detainees who participate in the Voluntary

25 Work Program are not employed by GEO, and they have no basis to claim

26 minimum wage payments, individually or as a class.

27

41. Paragraph 41 of the Complaint contains Plaintiff’s characterization of

28 the nature of the action rather than averring any facts for GEO to admit or deny. To

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1 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

2 41 of the Complaint.

3

42. GEO admits that it provides detainees with personal protection

4 equipment as appropriate for self-care tasks. GEO denies the remaining allegations

5 set forth as Paragraph 42 of the Complaint.

6

43. GEO admits that the $1 daily allowance is credited to participating

7 detainees’ trust accounts. GEO denies the remaining allegations set forth as

8 Paragraph 43 of the Complaint.

9

44. GEO denies the allegations set forth in Paragraph 44 of the Complaint.

10

45. GEO admits that Voluntary Work Program participants may choose to

11 perform self-care tasks like meal preparation, basic housekeeping chores, and

12 grooming to eliminate idle time while in detention. GEO denies the remaining

13 allegations set forth in Paragraph 45 of the Complaint.

14

46. GEO admits that Voluntary Work Program participants may choose to

15 perform self-care tasks like meal preparation, basic housekeeping chores, and

16 grooming to eliminate idle time while in detention. GEO denies the remaining

17 allegations set forth in Paragraph 46 of the Complaint.

18

47. Paragraph 47 of the Complaint contains Plaintiff’s characterization of

19 the nature of the action rather than averring any facts for GEO to admit or deny. To

20 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

21 47 of the Complaint.

22

48. Paragraph 48 of the Complaint contains Plaintiff’s characterization of

23 the nature of the action rather than averring any facts for GEO to admit or deny. To

24 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

25 48 of the Complaint. California’s MWL does not establish an employment

26 relationship between detainees and GEO. Competitive employment opportunities

27 covered by the MWL serve no purpose in this environment and conflict with federal

28

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1 immigration and detention policies. Federal immigration detainees similarly have

2 no right to claim competitive wages while detained at government expense.

3

49. GEO denies the allegations set forth in Paragraph 49 of the Complaint.

4 The ICE contract may require compliance with applicable federal, state and local

5 laws, but GEO expressly denies the applicability of California’s laws to GEO as

6 stated by Plaintiff and the putative class.

7

50. Paragraph 50 of the Complaint contains Plaintiff’s characterization of

8 the nature of the action rather than averring any facts for GEO to admit or deny. To

9 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

10 50 of the Complaint.

11

51. GEO denies the allegations set forth in Paragraph 51 of the Complaint.

12 E. Plaintiff Novoa’s employment at the Adelanto Facility.

13

52. GEO is without knowledge or information sufficient to form a belief as

14 to the truth of the allegations set forth as Paragraph 52 of the Complaint and

15 accordingly denies the truth of the allegations.

16

53. GEO is without knowledge or information sufficient to form a belief as

17 to the truth of the allegations set forth in Paragraph 53 of the Complaint and

18 accordingly denies the truth of the allegations.

19

54. GEO admits Plaintiff was detained at the Adelanto Facility for a period

20 of time. GEO denies the remaining allegations set forth in Paragraph 54 of the

21 Complaint.

22

55. GEO admits that Plaintiff received $1 per day as an allowance for

23 participating in the Voluntary Work Program, as provided by Congress. Plaintiff

24 did not “work for GEO” and Plaintiff and other federal immigration detainees have

25 no right to claim competitive wages while detained at government expense. GEO

26 denies the remaining allegations set forth as Paragraph 55 of the Complaint.

27

28

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1

56. GEO is without knowledge or information sufficient to form a belief as

2 to the truth of the allegations set forth in Paragraph 56 of the Complaint and

3 accordingly denies the truth of the allegations.

4

57. GEO is without knowledge or information sufficient to form a belief as

5 to the truth of the allegations set forth in Paragraph 57 of the Complaint and

6 accordingly denies the truth of the allegations.

7

58. GEO admits that Plaintiff received $1 per day as an allowance for

8 participating in the Voluntary Work Program, as provided by Congress. GEO is

9 without knowledge or information sufficient to form a belief as to the truth of the

10 remaining allegations set forth in Paragraph 58 of the Complaint and accordingly

11 denies the truth of the allegations.

12

59. GEO is without knowledge or information sufficient to form a belief as

13 to the truth of the allegations set forth in Paragraph 59 of the Complaint and

14 accordingly denies the truth of the allegations.

15

60. GEO denies the allegations set forth in Paragraph 60 of the Complaint.

16

61. GEO is without knowledge or information sufficient to form a belief as

17 to the truth of the allegations set forth as Paragraph 61 of the Complaint and

18 accordingly denies the truth of the allegations.

19

62. GEO denies the allegations set forth in Paragraph 62 of the Complaint.

20

63. Paragraph 63 of the Complaint contains Plaintiff’s characterization of

21 the nature of the action rather than averring any facts for GEO to admit or deny. To

22 the extent this paragraph alleges any facts, GEO denies the allegations in Paragraph

23 63 of the Complaint.

24

CLASS ACTION ALLEGATIONS

25

64. Paragraph 64 of the Complaint contains Plaintiff’s characterization of

26 the nature of the action rather than averring any facts for GEO to admit or deny and

27 calls for a legal conclusion to which no response is necessary. To the extent this

28

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1 paragraph alleges any facts or a response is necessary, GEO denies the allegations

2 in Paragraph 64 of the Complaint.

3 A. Class Definition

4

65. Paragraph 65 of the Complaint contains Plaintiff’s characterization of

5 the nature of the action rather than averring any facts for GEO to admit or deny and

6 calls for a legal conclusion to which no response is necessary. To the extent this

7 paragraph alleges any facts or a response is necessary, GEO denies the allegations

8 in Paragraph 65 of the Complaint.

9

66. Paragraph 66 of the Complaint contains Plaintiff’s characterization of

10 the nature of the action rather than averring any facts for GEO to admit or deny and

11 calls for a legal conclusion to which no response is necessary. To the extent this

12 paragraph alleges any facts or a response is necessary, GEO denies the allegations

13 in Paragraph 66 of the Complaint.

14 B. Class Certification Requirements under Rule 23

15

67. Numerosity: Rule 23(a)(1). Paragraph 67 of the Complaint contains

16 Plaintiff’s characterization of the nature of the action rather than averring any facts

17 for GEO to admit or deny and calls for a legal conclusion to which no response is

18 necessary. To the extent this paragraph alleges any facts or a response is necessary,

19 GEO denies the allegations in Paragraph 67 of the Complaint.

20

68. Commonality and Predominance: Rules 23(a)(2) and 23(b)(3).

21 Paragraph 68 of the Complaint contains Plaintiff’s characterization of the nature of

22 the action rather than averring any facts for GEO to admit or deny and calls for a

23 legal conclusion to which no response is necessary. To the extent this paragraph

24 alleges any facts or a response is necessary, GEO denies the allegations in

25 Paragraph 68 of the Complaint.

26

69. Typically: Rule 23(a)(3). Paragraph 69 of the Complaint contains

27 Plaintiff’s characterization of the nature of the action rather than averring any facts

28 for GEO to admit or deny and calls for a legal conclusion to which no response is

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1 necessary. GEO specifically denies that Plaintiff or any purported class member

2 was “employed by GEO at the Adelanto Facility.” To the extent any additional

3 facts are alleged or a response is necessary, GEO denies the remaining allegations

4 set forth in Paragraph 69 of the Complaint.

5

70. Adequacy: Rule 23(a(4). GEO is without knowledge or information

6 sufficient to form a belief as to the truth of the allegations set forth in Paragraph 70

7 of the Complaint and accordingly denies the truth of the allegations.

8

71. Superiority: Rules 23(b)(3). Paragraph 71 of the Complaint contains

9 Plaintiff’s characterization of the nature of the action rather than averring any facts

10 for GEO to admit or deny and calls for a legal conclusion to which no response is

11 necessary. To the extent this paragraph alleges any facts or a response is necessary,

12 GEO denies the allegations in Paragraph 71 of the Complaint.

13

CAUSES OF ACTION

14

COUNT I

15

CALIFORNIA MINIMUM WAGE LAW Cal. Labor Code §§ 1194, 1197, 1197.1

16

72. GEO incorporates by reference its responses to the allegations in

17 Paragraph 1 through 71 as if set forth fully herein.

18

73. GEO admits the allegations set forth in Paragraph 73 of the Complaint.

19

74. Paragraph 74 of the Complaint calls for a legal conclusion to which no

20 response is necessary. To the extent a response is necessary, GEO is without

21 knowledge or information sufficient to form a belief as to the truth of the

22 allegations set forth in Paragraph 74 of the Complaint and accordingly denies the

23 truth of the allegations.

24

75. GEO denies the allegations set forth in Paragraph 75 of the Complaint,

25 including, specifically, the allegation that detainees at the Adelanto Facility have

26 “wage protections.”

27

28

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1

76. GEO is without knowledge or information sufficient to form a belief as

2 to the truth of the allegations set forth as Paragraph 76 of the Complaint and

3 accordingly denies the truth of the allegations.

4

77. GEO denies the allegations set forth in Paragraph 77 of the Complaint.

5

78. GEO denies the allegations set forth in Paragraph 78 of the Complaint.

6

79. Paragraph 79 of the Complaint contains Plaintiff’s characterization of

7 the nature of the action rather than averring any facts for GEO to admit or deny and

8 calls for a legal conclusion to which no response is necessary. To the extent this

9 paragraph alleges any facts or a response is necessary, GEO denies the allegations

10 in Paragraph 79 of the Complaint.

11

80. GEO admits detainees who participate in the Voluntary Work Program

12 receive a $1 allowance per day pursuant to federal law. GEO denies the remaining

13 allegations set forth in Paragraph 80 of the Complaint.

14

81. GEO is without knowledge or information sufficient to form a belief as

15 to the truth of the allegations set forth as Paragraph 81 of the Complaint and

16 accordingly denies the truth of the allegations.

17

COUNT II

18

UNJUST ENRICHMENT California Common Law

19

82. GEO incorporates by reference its responses to the allegations in

20 Paragraph 1 through 81 as if set forth fully herein.

21

83. GEO denies the allegations set forth in Paragraph 83 of the Complaint.

22

84. GEO denies the allegations set forth in Paragraph 84 of the Complaint.

23

85. GEO denies the allegations set forth in Paragraph 85 of the Complaint.

24

86. GEO denies the allegations set forth in Paragraph 86 of the Complaint.

25

87. GEO denies the allegations set forth in Paragraph 87 of the Complaint.

26

27

28

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1

COUNT III

CALIFORNIA UNFAIR COMPETITION LAW

2

Cal. Bus. & Prof. Code §§ 17200, et seq.

3

88. GEO incorporates by reference its responses to the allegations in

4 Paragraph 1 through 87 as if set forth fully herein.

5

89. Paragraph 89 of the Complaint calls for a legal conclusion to which no

6 response is required. To the extent a response is required, GEO denies the

7 allegations set forth in Paragraph 89 of the Complaint.

8

90. GEO denies the allegations set forth as Paragraph 90 of the Complaint.

9

91. GEO denies the allegations set forth as Paragraph 91 of the Complaint.

10

92. GEO denies the allegations set forth as Paragraph 92 of the Complaint.

11

COUNT IV

CALIFORNIA TRAFFICKING VICTIMS PROTECTION ACT

12

Cal. Civ. Code §52.5

13

93. GEO incorporates by reference its responses to the allegations in

14 Paragraph 1 through 92 as if set forth fully herein.

15

94. Paragraph 94 of the Complaint calls for a legal conclusion to which no

16 response is required. To the extent a response is required, GEO denies the

17 allegations set forth in Paragraph 94 of the Complaint.

18

95. Paragraph 95 of the Complaint calls for a legal conclusion to which no

19 response is required. To the extent a response is required, GEO denies the

20 allegations set forth in Paragraph 95 of the Complaint.

21

96. Paragraph 96 of the Complaint calls for a legal conclusion to which no

22 response is required. To the extent a response is required, GEO denies the

23 allegations set forth in Paragraph 96 of the Complaint.

24

97. GEO denies the allegations set forth as Paragraph 97 of the Complaint.

25

98. GEO denies the allegations set forth as Paragraph 98 of the Complaint.

26

99. GEO denies the allegations set forth as Paragraph 99 of the Complaint.

27

28

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1

2

COUNT V ATTEMPTED FORCED LABOR

3

18 U.S.C. §§ 1589(a) & 1594(a)

100. GEO incorporates by reference its responses to the allegations in

4

Paragraph 1 through 99 as if set forth fully herein.

5

101. GEO denies the allegations set forth in Paragraph 101 of the

6

Complaint.

7

102. GEO denies the allegations set forth in Paragraph 102 of the

8

Complaint.

9

103. GEO denies the allegations set forth in Paragraph 103 of the

10

Complaint.

11

104. GEO denies the allegations set forth in Paragraph 104 of the

12

Complaint.

13

105. GEO denies the allegations set forth in Paragraph 105 of the

14

Complaint.

15

106. GEO denies the allegations set forth in Paragraph 106 of the

16

Complaint.

17

107. GEO denies the allegations set forth in Paragraph 107 of the

18

Complaint.

19

108. GEO denies the allegations set forth in Paragraph 108 of the

20

Complaint.

21

109. GEO denies the allegations set forth in Paragraph 109 of the

22

Complaint.

23

PRAYER FOR RELIEF

24

In answering the Prayer for Relief, GEO denies that Plaintiff and the Class

25

Members are entitled to any of the relief they seek and notes that the Court has

26

dismissed Counts IV and V as failing to state a claim upon which relief may be

27

granted. GEO denies that this matter is suitable for class certification. GEO

28

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1 affirmatively alleges that Plaintiff lacks standing to assert claims on behalf of other

2 individuals, that Plaintiff lacks standing to seek declaratory and/or injunctive relief,

3 and that Plaintiff is not a proper class representative.

4

AFFIRMATIVE DEFENSES

5

FIRST AFFIRMATIVE DEFENSE

6

Each purported cause of action of Plaintiff’s Complaint fails to allege facts

7 sufficient to constitute a cause of action against GEO.

8

SECOND AFFIRMATIVE DEFENSE

9

GEO has immunity from this lawsuit.

10

THIRD AFFIRMATIVE DEFENSE

11

Plaintiff seeks relief barred by the statute of limitations.

12

FOURTH AFFIRMATIVE DEFENSE

13

Plaintiff’s claim is pre-empted by federal law.

14

FIFTH AFFIRMATIVE DEFENSE

15

Plaintiff has failed to join parties that should be joined under Federal Rule of

16 Civil Procedure 19.

17

SIXTH AFFIRMATIVE DEFENSE

18

Plaintiff’s alleged injuries and damages, if any, were caused by the acts of a

19 third party who has not been named a party to this action and over whom GEO had

20 no control.

21

SEVENTH AFFIRMATIVE DEFENSE

22

Plaintiff’s requested relief violates the law, and is otherwise impossible to

23 attain in conformance with the law. Neither Plaintiff nor putative class members

24 have a legal right to work at minimum wage rates because none has sought

25 approval from the U.S. Attorney General for employment with GEO, and none are

26 qualified to work for GEO under ICE’s contract terms and federal law. Plaintiff’s

27 participation in the Voluntary Work Program was voluntary.

28

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1

EIGHTH AFFIRMATIVE DEFENSE

2

Plaintiff lacks standing to brings the claims asserted in the Complaint.

3

NINTH AFFIRMATIVE DEFENSE

4

Plaintiff’s claim is not ripe.

5

TENTH AFFIRMATIVE DEFENSE

6

Plaintiff’s claim is not justiciable.

7

ELEVENTH AFFIRMATIVE DEFENSE

8

Plaintiff has unclean hands.

9

TWELFTH AFFIRMATIVE DEFENSE

10

Plaintiff has unreasonably delayed his request for relief, to GEO’s prejudice,

11 such that his claims are barred by the defense of laches.

12

THIRTEENTH AFFIRMATIVE DEFENSE

13

Plaintiff is barred from seeking equitable relief to the extent an adequate

14 remedy exists at law.

15

FOURTEENTH AFFIRMATIVE DEFENSE

16

GEO is entitled to an offset from any award to Plaintiff and/or putative class

17 members of payment for unpaid minimum wages, for payment for work not

18 performed in an unreasonable manner and/or work performed outside of GEO’s

19 control and/or direction, and for costs incurred in caring for the Plaintiff and other

20 detainees who participated in the Voluntary Work Program and for the costs of

21 operating the Voluntary Work Program.

22

FIFTEENTH AFFIRMATIVE DEFENSE

23

GEO reserves the right to amend its Answer to Plaintiff’s Complaint to assert

24 additional defenses, withdraw defenses, and/or add counterclaims as may become

25 necessary after reasonable opportunity, or discovery has occurred, up through and

26 including trial in this matter.

27

28

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1

PRAYER

2

WHEREFORE, GEO respectfully requests:

3

1. That Plaintiff take nothing by the Complaint;

4

2. A dismissal of the Complaint with prejudice and an award of GEO’s

5 reasonable attorneys’ fees to the extent permitted by law;

6

3. Judgment in favor of GEO and against Plaintiff;

7

4. Costs of suit herein; and

8

5. Such other and further relief, legal and equitable, that the Court may

9 deem proper.

10

CONDITIONAL COUNTERCLAIMS

11

Counter-Claimant The GEO Group, Inc. (“GEO”), through counsel, brings

12 the following conditional counterclaims against Counter-Defendant Raul Novoa

13 (“Counter-Defendant”), and against any putative class or classes certified by the

14 Court.

15

JURISDICTION AND VENUE

16

1. To the extent this Court holds that it has subject matter jurisdiction

17 despite GEO’s immunity, the Court will have jurisdiction over the parties and

18 subject matter over this counterclaim. GEO asserts its counterclaim only in the

19 event that the Court has determined it has subject matter jurisdiction. GEO does

20 not waive and expressly reserves its objection to subject matter jurisdiction with

21 respect to Plaintiff’s/Counter-Defendant’s claims.

22

To the extent GEO is subject to jurisdiction in this Court, jurisdiction over

23 GEO’s counterclaim is grounded in diversity pursuant to 28 § U.S.C. 1332. GEO is

24 a Florida corporation with its principal place of business in Florida. Raul Novoa is

25 a citizen of Mexico, who alleges he is a resident of California. The amount in

26 controversy on the counterclaims exceeds $75,000.00.

27

2. Alternatively, this Court has supplemental jurisdiction over these

28 counterclaims pursuant to 28 U.S.C. § 1367(a), as these counterclaims form part of

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1 the same case or controversy as the claims asserted by Plaintiff/Counter-Defendant

2 under Article III of the United States Constitution.

3

3. Venue is proper in this Court, as the events giving rise to these

4 counterclaims occurred in this district.

5

PARTIES

6

4. GEO is a Florida corporation with its principal place of business in

7 Florida. GEO is a service provider that operates the Adelanto Facility for the

8 housing of federal immigration detainees in the custody of the federal government,

9 under terms set out in the contracts between the City of Adelanto and ICE, and

10 applicable regulations and detention facility standards, and the laws of the United

11 States.

12

5. Raul Novoa is a citizen of Mexico, who alleges he is a resident of

13 California. Counter-Defendant was an ICE detainee at the Adelanto Facility at

14 various times from 2012 to 2015, during which time he received material benefits,

15 including but not limited to housing, food, clothing, and recreation, at no cost to

16 himself.

17

6. While detained at the Adelanto Facility, Counter-Defendant did not

18 have authorization from the U.S. Attorney General to be employed in the United

19 States under federal law.

20

7. Because Counter-Defendant was in the custody of the federal

21 government while at the Adelanto Facility and participated in the Voluntary Work

22 Program, California’s Minimum Wage Law (“MWL”) does not apply to him.

23

FIRST CAUSE OF ACTION

24

Unjust Enrichment/Offset

25

8. The City of Adelanto’s detention services contract with ICE requires

26 all contractor and subcontractor personnel at the Adelanto Facility to meet high

27 standards of professionalism and integrity, and sets specific requirements that must

28 be met before an employee is permitted to enter duty at the facility, including

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1 interviews, criminal history and other background checks, and employment

2 eligibility verification. Pursuant to the contract, ICE is the final approval authority

3 for all contractor and subcontractor personnel who work with federal detainees at

4 the Adelanto Facility under the terms of the agreement. Proposed personnel with

5 criminal convictions must be specifically approved by ICE; any such persons who

6 are still under supervision or jurisdiction of any parole, probation, or correctional

7 authority are prohibited from employment at the Adelanto Facility.

8

9. As required by the City’s contract with ICE, GEO administers the

9 Voluntary Work Program at the Adelanto Facility, which is intended to offset the

10 cost of detention to taxpayers and to reduce detainees’ idle time. The Voluntary

11 Work Program does not, and is not intended to, create an employer/employee

12 relationship between GEO and detainees housed at the Adelanto Facility.

13

10. Because the program is purely voluntary, detainees are not required to

14 participate.

15

11. Participation in the Voluntary Work Program is separate from

16 detainees’ responsibility to maintain their living areas in a neat and orderly manner,

17 as required by ICE’s Performance-Based National Detention Standards and ICE’s

18 detainee handbooks.

19

12. Because the Voluntary Work Program is intended to promote

20 institutional maintenance and reduce detainee idleness, it includes none of the

21 traditional performance metrics of a standard job. Consequently, GEO does not

22 perform employment intake, background checks, or any of the normal vetting

23 processes that must be done before a new employee can be hired. GEO does not

24 require detainees to file the type of job applications that GEO’s employees must

25 provide, or require detainees to prove their work eligibility as required by federal

26 law. Similarly, GEO does not evaluate or rate detainee performance, or discipline

27 or fire detainees for poor performance. GEO also lacks authority to determine what

28 assignments may be given to particular detainees, because ICE reserves this

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1 function through its risk classification process. GEO performs none of the “hire” or

2 “fire” roles of an employer, because ICE, not GEO, controls when detainees are

3 brought to the Adelanto Facility, and when a detainee departs from the facility.

4

13. Also, as required by the City’s contract with ICE, GEO provides basic

5 necessities to all detainees housed at the Adelanto Facility, which include food,

6 shelter, utilities, clothing, bedding, recreation, entertainment, or medical, dental,

7 optical or mental health services. Detainees do not pay GEO or the federal

8 government for these services, either in whole or in part.

9

14. Counter-Defendant participated in the Voluntary Work Program at

10 various times while detained at the Adelanto Facility. While detained at the

11 Adelanto Facility, Counter-Defendant did not have work authorization. Further,

12 Counter-Defendant himself was ineligible for work because he was detained by ICE

13 based on his criminal record in the United States, which includes possession of

14 controlled substances, possession of a firearm by a felon, giving a false ID to a

15 peace officer, and domestic violence. Counter-Defendant has not alleged that he, or

16 any other Adelanto detainee, was granted work authorization by the Attorney

17 General.

18

15. The putative class members, like Counter-Defendant, were detained by

19 ICE, housed at the Adelanto Facility, and participated in the Voluntary Work

20 Program at various times relevant to these counterclaims.

21

16. GEO did not require or force Counter-Defendant or any other putative

22 class members to participate in the Voluntary Work Program in any way.

23

17. Neither Counter-Defendant nor any of the putative class members filed

24 formal job applications, sat for pre-employment interviews, proved their work

25 eligibility as required by federal law, competed against non-detainee applicants, or

26 completed any of the other pre-employment requirements for GEO employees at

27 the Adelanto Facility mandated by ICE’s contractual terms.

28

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1

18. Neither Counter-Defendant nor any of the putative class members

2 participated in the Voluntary Work Program for more than eight hours per day or

3 40 hours per week, and in fact often volunteered significantly fewer hours

4 depending on their work assignment, some of which involved less than one hour

5 per day. Counter-Defendant’s and putative class members’ work performance and

6 efficiency were not evaluated or tracked, and they were and are in no danger of

7 being “fired” for underperformance.

8

19. The participation of Counter-Defendant and the putative class

9 members in the Voluntary Work Program was temporary and dependent upon their

10 continued detention—they could not participate in the program after their detention

11 ceased. Moreover, Counter-Defendant and the putative class members were free to

12 withdraw from the Voluntary Work Program at any time.

13

20. During their detention at the Adelanto Facility, Counter-Defendant—

14 similar to all putative class members—understood and acknowledged the amount

15 they would receive for participation. Detainees are provided with a National

16 Detainee Handbook, issued to them by ICE, that specifically states that if they

17 wanted to participate in the Voluntary Work Program, they could receive $1 per

18 day for each day worked. Counter-Defendant chose to participate in the Voluntary

19 Work Program despite knowing he would receive no more than $1.00 per day

20 regardless of his level of participation, and signed a form attesting to this

21 understanding. Detainees signed an agreement acknowledging “Compensation will

22 be $1.00 per day.” Counter-Defendant had, and could have had, no reasonable

23 expectation that he would be entitled to a minimum wage for the tasks he

24 performed.

25

21. Counter-Defendant—similar to all putative class members—paid

26 neither GEO nor the federal government for the food, shelter, clothing, bedding,

27 utilities, recreation, entertainment, or medical, optical, dental, or mental health

28 services provided. Unlike a person outside of detention, who may claim a

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1 minimum wage to enable him or her to afford these goods and services, Counter-

2 Defendant and putative class members received the benefit of these goods and

3 services from GEO without charge and without regard for participation in the

4 Voluntary Work Program.

5

22. Counter-Defendant and any putative class members would unjustly

6 benefit from the receipt of wage payments under the MWL and California wage

7 orders at rates in excess of $1.00 for participation in the Voluntary Work Program if

8 Counter-Defendant, and any putative class members, were not required to offset

9 such payments with the costs and expenses associated with their care while

10 detained. GEO incurred costs and expenses caring for Counter-Defendant and

11 other detainees in excess of $11.00 per hour for all goods and services provided to

12 them. By contrast, GEO’s actual employees—who were paid minimum wage or

13 more—resided outside the Adelanto Facility and did not receive the goods and

14 services provided at no cost to the Adelanto Facility-detainees.

15

23. The rate of payment for participation in the Voluntary Work Program

16 is set by ICE under the contract, and cannot be modified without ICE’s approval.

17 The money for Voluntary Work Program participation is deposited in detainee trust

18 accounts, and made available to detainees who participate. Any requirement that

19 GEO pay or advance money to detainees in excess of what was specified by the

20 contracts, approved by ICE, and paid into detainee trust accounts unjustly enriches

21 Counter-Defendant and/or putative class members. Such a payment would

22 effectively increase GEO’s burden for complying with its current contracts by

23 unilaterally adding an entirely new service to that contract: employment of

24 detainees at California minimum wages, notwithstanding that, unlike non-detainee

25 recipients of minimum wages, detainees’ living expenses are already being supplied

26 to them for free.

27

24. In the event Counter-Defendant and/or any class members prevail on

28 their theory that the MWL applies to detention programs like the Voluntary Work

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1 Program at the Adelanto Facility, GEO is equitably entitled to recover its costs and

2 expenses associated with detaining Counter-Defendant and the putative class

3 members, including for goods and services associated with administering the

4 Voluntary Work Program with respect to Counter-Defendant and all putative class

5 members.

6

SECOND CAUSE OF ACTION

7

Declaratory Relief—28 U.S.C. § 2201(a)

8

25. GEO incorporates the allegations in Paragraphs 1-24, above, by

9 reference as if fully stated herein.

10

26. At all times relevant to these proceedings, GEO administered a

11 Voluntary Work Program at the Adelanto Facility as required by the ICE contract.

12 That Voluntary Work Program was, and is, subject to federal detention standards.

13

27. The Voluntary Work Program at the Adelanto Facility is critical to the

14 safe and secure operations of the facility. Specifically, the Voluntary Work

15 Program reduces idle time for detainees and promotes institutional efficiency, just

16 as similar programs do in California’s own facilities.

17

28. Pursuant to an express authorization from Congress that ICE may

18 authorize allowances to immigration detainees for work performed while detained,

19 ICE authorized an allowance of $1.00 per day for each Voluntary Work Program

20 participant.

21

29. ICE must authorize any increase in the allowance rate of $1.00 per

22 day, as expressed in the ICE contract for the Adelanto Facility. Without an ICE-

23 approved increase in the allowance rate, detainees may not be given an allowance

24 in excess of $1.00 per day for participation in the Voluntary Work Program at the

25 Adelanto Facility.

26

30. ICE also prohibits GEO from employing any detainees. ICE must

27 clear any GEO employee working at the Adelanto Facility via a background check

28

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1 performed by ICE. ICE also requires GEO to immediately suspend any employee

2 found to have a history of arrests.

3

31. Counter-Defendant and the putative class members were participants

4 in the Voluntary Work Program at the Adelanto Facility. They were not authorized

5 by ICE to work for GEO or anyone else in the United States, and did not complete

6 the requirements for employment specified in the City’s detention services

7 agreement with ICE. Counter-Defendant himself was ineligible for work because

8 he was detained by ICE based on his criminal record in the United States, which

9 includes possession of controlled substances, possession of a firearm by a felon,

10 giving a false ID to a peace officer, and domestic violence. Counter-Defendant has

11 not alleged that he, or any other Adelanto detainee, was granted work authorization

12 by the Attorney General.

13

32. Counter-Defendant initiated this lawsuit, claiming California’s labor

14 laws apply to him and the putative class members, when they do not. Because

15 Counter-Defendant was in the custody of the federal government while at the

16 Adelanto Facility and participating in the Voluntary Work Program, California’s

17 MWL does not apply to them. This matter presents an actual controversy that can

18 be finally resolved by the Court.

19

33. GEO has already incurred attorneys’ fees and other costs defending

20 against Plaintiff/Counter-Defendant’s claims, and will continue to do so.

21

34. ICE detainees at the Adelanto Facility, including Counter-Defendant

22 and the putative class members, are federal immigration detainees housed at the

23 Adelanto Facility pursuant to the City’s detention services agreement with ICE.

24 They are not employed by GEO, and are not employees of GEO. The work

25 performed by these detainees is performed for reasons other than compensation in

26 order to provide for necessary food and shelter, as detainees participating in the

27 Voluntary Work Program do not participate in commerce and do not depend on the

28 wages they earn for basic necessities such as, for example, housing, food, clothing,

DOCUMENT PREPARED ON RECYCLED PAPER

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DEFENDANT THE GEO GROUP INC.’S ANSWER TO PLAINTIFF’S COMPLAINT AND COUNTERCLAIMS

Case 5:17-cv-02514-JGB-SHK Document 45 Filed 07/03/18 Page 26 of 27 Page ID #:356

1 and recreation, while detained, as those necessities are provided to them at taxpayer

2 expense.

3

35. GEO therefore seeks a declaration that: (1) no employment

4 relationship exists between GEO and detainees who participate in the Voluntary

5 Work Program, including but not limited to Counter-Defendant and the putative

6 class members; (2) such detainees, including but not limited to Counter-Defendant

7 and the putative class members, are not employees of GEO, and GEO is not their

8 employer; (3) as a result, California’s labor laws and wage orders do not apply to

9 such detainees, including but not limited to Counter-Defendant and the putative

10 class members; and (4) Counter-Defendant and putative class members are not

11 entitled to disgorgement or other equitable relief for allegedly unpaid wages or

12 allegedly inequitable revenues or profits.

13

WHEREFORE, GEO prays for the following relief:

14

1. An order enjoining Counter-Defendant and the putative class members

15 from claiming California’s labor laws apply to them;

16

2. An order declaring California’s labor laws do not apply to ICE

17 detainees at the Adelanto Facility, including but not limited to laws requiring

18 payment of minimum wage and overtime wages;

19

3. An order declaring that there is no employment relationship between

20 GEO and detainees housed at the Adelanto Facility who participate in the Volunteer

21 Work Program, specifically that GEO is not the employer of such detainees, and

22 that such detainees are not employees of GEO;

23

4. In the event Counter-Defendant and the putative class members prevail

24 on their theory that California labor laws, including but not limited to laws

25 regarding minimum wages, apply to detention facility work programs, including the

26 Voluntary Work Program at the Adelanto Facility, an order awarding GEO all costs

27 and expenses for goods and services that unjustly enriched Counter-Defendant and

28 the putative class members, including but not limited to housing, food, clothing,

DOCUMENT PREPARED ON RECYCLED PAPER

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DEFENDANT THE GEO GROUP INC.’S ANSWER TO PLAINTIFF’S COMPLAINT AND COUNTERCLAIMS

Case 5:17-cv-02514-JGB-SHK Document 45 Filed 07/03/18 Page 27 of 27 Page ID #:357

1 and recreation and health services; and all wages that unjustly enriched detainees in

2 excess of the $1.00 daily rate paid to them.

3

5. An award of attorneys’ fees and costs; and

4

6. Other and further relief as the Court deems just and equitable.

5 6 Dated: July 3, 2018 7 8

LESLEY HOLMES MARK EMERY CHARLES A. DEACON NORTON ROSE FULBRIGHT US LLP

9

10

By /s/ Lesley Holmes LESLEY HOLMES

11

Attorneys for The GEO Group, Inc.

12

13

JURY DEMAND

14

Pursuant to FRCP 38(b), GEO demands a jury trial as to all triable issues

15 raised in both the Original Complaint and the Counterclaims.

16

17 Dated: July 3, 2018 18 19

LESLEY HOLMES MARK EMERY CHARLES A. DEACON NORTON ROSE FULBRIGHT US LLP

20

21 22

By L/sE/ SLLesEleYy HHOolLmMesES Attorneys for The GEO Group, Inc.

23

24

25

26

27

28

DOCUMENT PREPARED ON RECYCLED PAPER

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DEFENDANT THE GEO GROUP INC.’S ANSWER TO PLAINTIFF’S COMPLAINT AND COUNTERCLAIMS

 
 Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 1 of 23 Page ID #:1009

1 LESLEY HOLMES (BAR NO. 271903) NORTON ROSE FULBRIGHT US LLP
2 555 South Flower Street Forty-First Floor
3 Los Angeles, California 90071 Telephone: (213) 892-9200
4 Facsimile: (213) 892-9494 lesley.swanson.holmes@nortonrosefulbright.com
5 MARK EMERY (PRO HAC VICE)
6 NORTON ROSE FULBRIGHT US LLP 799 9th Street NW Suite 100
7 Washington, D.C. 20001-4501 Telephone: (202) 662-0200
8 Facsimile: (202) 662-4643 mark.emery@nortonrosefulbright.com
9

10 Attorneys for Defendant THE GEO GROUP, INC.

11 (Additional counsel listed on next page)

12

13

UNITED STATES DISTRICT COURT

14

FOR THE CENTRAL DISTRICT OF CALIFORNIA

15

RAUL NOVOA, individually and on behalf of all others similarly situated,

16

Plaintiff,

17 v.

CASE NO. 5:17-cv-02514-JGB-SHKx DEFENDANT GEO GROUP’S FIRST AMENDED ANSWER AND COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT

18 THE GEO GROUP, INC.,

19

Defendant.

JUDGE: Hon. Jesus G. Bernal

20

21 THE GEO GROUP, INC.,

22

Counter-Claimant,

23 v.

DEMAND FOR JURY TRIAL Amended Complaint Filed: 7/6/18

24

RAUL NOVOA, individually and on behalf of all others similarly situated,

25

Counter-Defendant.

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 2 of 23 Page ID #:1010
1 CHARLES A. DEACON (PRO HAC VICE) NORTON ROSE FULBRIGHT US LLP
2 300 Convent Street Suite 2100 San Antonio, TX 78205-3792
3 Telephone: (210) 270-7133 Facsimile: (210) 270-7205
4 charlie.deacon@nortonrosefulbright.com 5 ROBERT J. HERRINGTON (BAR NO. 234417)
ROBERT FREUND (BAR NO. 287566) 6 GREENBERG TRAURIG, LLP
1840 Century Park East, Suite 1900 7 Los Angeles, California 90067-2121
Telephone: 310.586.7700 8 Facsimile: 310.586.7800
herringtonr@gtlaw.com 9 freundr@gtlaw.com 10 SCOTT A. SCHIPMA (PRO HAC VICE)
GREENBERG TRAURIG, LLP 11 2101 L Street NW, Suite 1000
Washington, DC 20037 12 Telephone: 202.331.3100
Facsimile: 202.331.3101 13 schipmas@gtlaw.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
2

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 3 of 23 Page ID #:1011

1

Defendant The GEO Group, Inc. (“GEO”) answers the First Amended Complaint

2 for Declaratory and Injunctive Relief and Damages (“FAC”; Dkt. #47) of Plaintiff Raul

3 Novoa, individually and on behalf of all others similarly situated (“Plaintiff”), and states

4 its affirmative defenses, as follows:

5

PRELIMINARY STATEMENT

6

1. Paragraph 1 of the FAC states Plaintiff’s characterization and understanding

7 of the nature of the action rather than alleging any facts for GEO to admit or deny. To the

8 extent this paragraph alleges any facts, GEO denies the allegations set forth in Paragraph 1

9 of the Complaint.

10

2. GEO admits that it owns and operates the Adelanto Facility, an immigration

11 processing and detention center, for profit. GEO denies the remaining allegations set forth

12 in Paragraph 2 of the FAC.

13

3. GEO admits it owns and operates correctional, detention and community

14 reentry facilities in the United States and abroad for profit. GEO denies the remaining

15 allegations set forth in Paragraph 3 of the FAC.

16

4. GEO denies the allegations set forth in Paragraph 4 of the FAC.

17

5. GEO admits that immigration detainees who choose to participate in the

18 federally-mandated Voluntary Work Program may receive a $1 allowance for each day of

19 participation regardless of tasks performed, work accomplished, or duration of

20 participation. The $1 allowance per detainee is passed from ICE to detainees via a detainee

21 trust account. GEO denies the remaining allegations set forth in Paragraph 5 of the FAC.

22

6. Paragraph 6 of the FAC contains Plaintiff’s characterization of the nature of

23 the action rather than averring any facts for GEO to admit or deny. To the extent this

24 paragraph alleges any facts, GEO denies the allegations in Paragraph 6 of the FAC.

25 Voluntary Work Program participants choose to perform self-care tasks like meal

26 preparation, basic housekeeping chores, and grooming to eliminate idle time while in

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
3

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 4 of 23 Page ID #:1012

1 detention. The Voluntary Work Program is administered in the secured environment of the

2 detention facility, pursuant to federal detention standards.

3

7. Paragraph 7 of the FAC contains Plaintiff’s characterization of the nature of

4 the action rather than averring any facts for GEO to admit or deny. To the extent this

5 paragraph alleges any facts, GEO denies the allegations in Paragraph 7 of the FAC. Civil

6 immigration detainees who participate in the Voluntary Work program are not employed

7 by GEO, and Plaintiff has no basis for claiming minimum wage payments, individually or

8 on behalf of a class.

9

8. Paragraph 8 of the FAC contains Plaintiff’s characterization of the nature of

10 the action rather than averring any facts for GEO to admit or deny. To the extent this

11 paragraph alleges any facts, GEO denies the allegations in Paragraph 8 of the FAC.

12 California’s Minimum Wage Law (“MWL”) does not establish an employment relationship

13 between detainees and GEO. Federal immigration detainees have no right to claim

14 competitive wages while detained at government expense. GEO specifically denies any

15 violation of California’s Unfair Competition Law or the federal and state Trafficking

16 Victims Protection Act.

17

9. GEO is without knowledge or information sufficient to form a belief as to the

18 truth of the allegations set forth as Paragraph 9 of the FAC and accordingly denies the truth

19 of the allegations.

20

JURISDICTION AND VENUE

21

10. GEO denies that the Court has subject matter jurisdiction over this suit.

22

11. Plaintiff alleges that the Court has jurisdiction over this case based on his

23 allegations and GEO’s citizenship. GEO has no basis to affirm or deny the factual

24 averments regarding jurisdiction under the Class Action Fairness Act, 28 U.S.C. § 1332(d),

25 and therefore denies them. GEO further denies that the Court has subject matter jurisdiction

26 over this suit.

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
4

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 5 of 23 Page ID #:1013

1

12. GEO admits that to the extent the Court has jurisdiction, venue is proper in this

2 District. GEO denies the remaining allegations set forth in Paragraph 12 of the FAC.

3

13. GEO admits that it conducts business in Adelanto, San Bernardino County,

4 California. GEO denies the remaining allegations set forth in Paragraph 13 of the FAC.

5

14. Paragraph 14 of the FAC refers to Plaintiff’s request for the Court to exercise

6 supplemental jurisdiction over his state law claims. GEO is without knowledge or

7 information sufficient to form a belief as to Plaintiff’s requests. GEO denies that the Court

8 has supplemental jurisdiction over this suit.

9

PARTIES

10

15. GEO admits that ICE detained Plaintiff at the Adelanto Facility for a period of

11 time and that he received $1 per day as an allowance for participating in the Voluntary Work

12 Program. GEO is without knowledge or information sufficient to form a belief as to the

13 truth of the remaining allegations set forth as Paragraph 15 of the FAC and accordingly

14 denies the truth of the allegations.

15

16. GEO admits it is a for-profit Florida corporation providing correctional,

16 detention, and community reentry services. GEO’s principal office is located at 621 NW

17 53rd Street, Suite 700, Boca Raton, Florida, 33487.

18

FACTUAL ALLEGATIONS

19 A. Immigration detention is civil – not criminal.

20

17. Paragraph 17 of the FAC states Plaintiff’s understanding of the nature of the

21 action rather than alleging any facts for GEO to admit or deny. To the extent any facts are

22 alleged, GEO denies the allegations in Paragraph 17 of the FAC.

23

18. GEO is without knowledge or information sufficient to form a belief as to the

24 truth of the allegations set forth as Paragraph 18 of the FAC and accordingly denies the truth

25 of the allegations.

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
5

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 6 of 23 Page ID #:1014

1

19. Paragraph 19 of the FAC states Plaintiff’s understanding of the nature of the

2 action rather than alleging any facts for GEO to admit or deny. To the extent any facts are

3 alleged, GEO denies the allegations in Paragraph 19 of the FAC.

4

20. Paragraph 20 of the FAC states Plaintiff’s understanding of the nature of the

5 action rather than alleging any facts for GEO admit or deny. To the extent any facts are

6 alleged, GEO denies the allegations in Paragraph 20 of the FAC.

7

21. Paragraph 21 of the FAC states Plaintiff’s understanding of the nature of the

8 action rather than alleging any facts for GEO admit or deny. To the extent any facts are

9 alleged, GEO denies the allegations in Paragraph 21 of the FAC.

10 B. The privatization of immigration detention and GEO’s economical

11

windfall.

12

22. GEO is without knowledge or information sufficient to form a belief as to the

13 truth of the allegations set forth as Paragraph 22 of the FAC and accordingly denies the truth

14 of the allegations.

15

23. GEO admits that it engages in lobbying efforts. GEO is without knowledge or

16 information sufficient to form a belief as to the truth of the remaining allegations regarding

17 other private prison corporations set forth as Paragraph 23 of the FAC. GEO denies the

18 truth of the remaining allegations set forth in Paragraph 23 of the FAC.

19

24. Paragraph 24 of the FAC states Plaintiff’s understanding of the nature of the

20 action rather than alleging any facts for GEO admit or deny. To the extent any facts are

21 alleged, GEO denies the allegations in Paragraph 24 of the FAC.

22

25. GEO is without knowledge or information sufficient to form a belief as to the

23 truth of the allegations set forth as Paragraph 25 of the FAC and accordingly denies the truth

24 of the allegations.

25

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
6

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 7 of 23 Page ID #:1015

1

26. GEO admits it is a publicly traded corporation that is listed on the New York

2 Stock Exchange. GEO denies the remaining allegations set forth as Paragraph 26 of the

3 FAC.

4

27. Paragraph 27 of the FAC states Plaintiff’s understanding of the nature of the

5 action rather than alleging any facts for GEO admit or deny. To the extent any facts are

6 alleged, GEO denies the allegations in Paragraph 27 of the FAC.

7 C. GEO withholds necessary care from detainees at the Adelanto Facility.

8

28. GEO denies it contracts with ICE to operate the Adelanto Facility. ICE

9 contracts with the City of Adelanto for operation of the Adelanto Facility to enable ICE to

10 meet its immigration processing needs, with GEO serving as the City’s subcontractor. The

11 Adelanto Facility has capacity for approximately 1,940 detainees. All other facts not

12 expressly admitted in Paragraph 28 are denied.

13

29. GEO denies the allegations set forth in Paragraph 29 of the FAC.

14

30. GEO denies the allegations set forth in Paragraph 30 of the FAC.

15

31. GEO denies the allegations set forth in Paragraph 31 of the FAC.

16

32. GEO denies the allegations set forth in Paragraph 32 of the FAC.

17

33. GEO denies the allegations set forth in Paragraph 33 of the FAC.

18

34. GEO denies the allegations set forth in Paragraph 34 of the FAC.

19

35. GEO denies the allegations set forth in Paragraph 35 of the FAC.

20

36. GEO denies the allegations set forth in Paragraph 36 of the FAC.

21

37. GEO denies the allegations set forth in Paragraph 37 of the FAC.

22 D. GEO uses detainees to clean, maintain, and operate the Adelanto Facility.

23

38. GEO admits that detainees who choose to participate in the federally-mandated

24 Voluntary Work Program may receive a $1 allowance for each day of participation

25 regardless of tasks performed, work accomplished, or duration of participation. The $1

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
7

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 8 of 23 Page ID #:1016

1 allowance per detainee is passed from ICE to detainees via a detainee trust account. GEO

2 denies the remaining allegations set forth in Paragraph 38 of the FAC.

3

39. Paragraph 39 of the FAC contains Plaintiff’s characterization of the nature of

4 the action rather than averring any facts for GEO to admit or deny. To the extent this

5 paragraph alleges any facts, GEO denies the allegations in Paragraph 39 of the FAC.

6 Voluntary Work Program participants choose to perform self-care tasks like meal

7 preparation, basic housekeeping chores, and grooming to eliminate idle time while in

8 detention. The Voluntary Work Program is administered in the secured environment of the

9 detention facility, pursuant to federal detention standards.

10

40. Paragraph 40 of the FAC contains Plaintiff’s characterization of the nature of

11 the action rather than averring any facts for GEO to admit or deny. To the extent this

12 paragraph alleges any facts, GEO denies the allegations in Paragraph 40 of the FAC. Civil

13 immigration detainees who participate in the Voluntary Work Program are not employed

14 by GEO, and they have no basis to claim minimum wage payments, individually or as a

15 class.

16

41. Paragraph 41 of the FAC contains Plaintiff’s characterization of the nature of

17 the action rather than averring any facts for GEO to admit or deny. To the extent this

18 paragraph alleges any facts, GEO denies the allegations in Paragraph 41 of the FAC.

19

42. GEO admits that it provides detainees with personal protection equipment as

20 appropriate for self-care tasks. GEO denies the remaining allegations set forth as Paragraph

21 42 of the FAC.

22

43. GEO admits that the $1 daily allowance is credited to participating detainees’

23 trust accounts. GEO denies the remaining allegations set forth as Paragraph 43 of the FAC.

24

44. GEO denies the allegations set forth in Paragraph 44 of the FAC.

25

45. GEO admits that Voluntary Work Program participants may choose to perform

26 self-care tasks like meal preparation, basic housekeeping chores, and grooming to eliminate

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
8

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 9 of 23 Page ID #:1017

1 idle time while in detention. GEO denies the remaining allegations set forth in Paragraph

2 45 of the FAC.

3

46. GEO admits that Voluntary Work Program participants may choose to perform

4 self-care tasks like meal preparation, basic housekeeping chores, and grooming to eliminate

5 idle time while in detention. GEO denies the remaining allegations set forth in Paragraph

6 46 of the FAC.

7

47. Paragraph 47 of the FAC contains Plaintiff’s characterization of the nature of

8 the action rather than averring any facts for GEO to admit or deny. To the extent this

9 paragraph alleges any facts, GEO denies the allegations in Paragraph 47 of the FAC.

10

48. Paragraph 48 of the FAC contains Plaintiff’s characterization of the nature of

11 the action rather than averring any facts for GEO to admit or deny. To the extent this

12 paragraph alleges any facts, GEO denies the allegations in Paragraph 48 of the FAC.

13 California’s MWL does not establish an employment relationship between detainees and

14 GEO. Competitive employment opportunities covered by the MWL serve no purpose in

15 this environment and conflict with federal immigration and detention policies. Federal

16 immigration detainees similarly have no right to claim competitive wages while detained at

17 government expense.

18

49. GEO denies the allegations set forth in Paragraph 49 of the FAC. The ICE

19 contract may require compliance with applicable federal, state and local laws, but GEO

20 expressly denies the applicability of California’s laws to GEO as stated by Plaintiff and the

21 putative class.

22

50. Paragraph 50 of the FAC contains Plaintiff’s characterization of the nature of

23 the action rather than averring any facts for GEO to admit or deny. To the extent this

24 paragraph alleges any facts, GEO denies the allegations in Paragraph 50 of the FAC.

25

51. GEO denies the allegations set forth in Paragraph 51 of the FAC.

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
9

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 10 of 23 Page ID #:1018

1 E. Plaintiff Novoa’s employment at the Adelanto Facility.

2

52. GEO is without knowledge or information sufficient to form a belief as to the

3 truth of the allegations set forth as Paragraph 52 of the FAC and accordingly denies the truth

4 of the allegations.

5

53. GEO is without knowledge or information sufficient to form a belief as to the

6 truth of the allegations set forth in Paragraph 53 of the FAC and accordingly denies the truth

7 of the allegations.

8

54. GEO admits Plaintiff was detained at the Adelanto Facility for a period of time.

9 GEO denies the remaining allegations set forth in Paragraph 54 of the FAC.

10

55. GEO admits that Plaintiff received $1 per day as an allowance for participating

11 in the Voluntary Work Program, as provided by Congress. Plaintiff did not “work for GEO”

12 and Plaintiff and other federal immigration detainees have no right to claim competitive

13 wages while detained at government expense. GEO denies the remaining allegations set

14 forth as Paragraph 55 of the FAC.

15

56. GEO is without knowledge or information sufficient to form a belief as to the

16 truth of the allegations set forth in Paragraph 56 of the FAC and accordingly denies the truth

17 of the allegations.

18

57. GEO is without knowledge or information sufficient to form a belief as to the

19 truth of the allegations set forth in Paragraph 57 of the FAC and accordingly denies the truth

20 of the allegations.

21

58. GEO admits that Plaintiff received $1 per day as an allowance for participating

22 in the Voluntary Work Program, as provided by Congress. GEO is without knowledge or

23 information sufficient to form a belief as to the truth of the remaining allegations set forth

24 in Paragraph 58 of the FAC and accordingly denies the truth of the allegations.

25

59. GEO denies the allegations set forth in Paragraph 59 of the FAC.

26

60. GEO denies the allegations set forth in Paragraph 60 of the FAC.

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
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Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 11 of 23 Page ID #:1019

1

61. GEO denies the allegations set forth in Paragraph 61 of the FAC.

2

62. GEO is without knowledge or information sufficient to form a belief as to the

3 truth of the allegations set forth as Paragraph 62 of the FAC and accordingly denies the truth

4 of the allegations.

5

63. GEO denies the allegations set forth in Paragraph 63 of the FAC.

6

64. GEO denies the allegations set forth in Paragraph 64 of the FAC.

7

65. GEO is without knowledge or information sufficient to form a belief as to the

8 truth of the allegations set forth as Paragraph 65 of the FAC and accordingly denies the truth

9 of the allegations.

10

66. GEO is without knowledge or information sufficient to form a belief as to the

11 truth of the allegations set forth as Paragraph 66 of the FAC and accordingly denies the truth

12 of the allegations.

13

67. GEO is without knowledge or information sufficient to form a belief as to the

14 truth of the allegations set forth as Paragraph 67 of the FAC and accordingly denies the truth

15 of the allegations.

16

68. GEO denies the allegations set forth in Paragraph 68 of the FAC.

17

69. GEO denies the allegations set forth in Paragraph 69 of the FAC.

18

70. GEO denies the allegations set forth in Paragraph 70 of the FAC.

19

71. GEO is without knowledge or information sufficient to form a belief as to the

20 truth of the allegations set forth as Paragraph 71 of the FAC and accordingly denies the truth

21 of the allegations.

22

72. GEO denies the allegations set forth in Paragraph 72 of the FAC.

23

73. GEO denies the allegations set forth in Paragraph 73 of the FAC.

24

74. Paragraph 74 of the FAC contains Plaintiff’s characterization of the nature of

25 the action rather than averring any facts for GEO to admit or deny. To the extent this

26 paragraph alleges any facts, GEO denies the allegations in Paragraph 74 of the FAC.

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
11

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 12 of 23 Page ID #:1020

1

CLASS ACTION ALLEGATIONS

2

75. Paragraph 75 of the Complaint contains Plaintiff’s characterization of the

3 nature of the action rather than averring any facts for GEO to admit or deny and calls for a

4 legal conclusion to which no response is necessary. To the extent this paragraph alleges

5 any facts or a response is necessary, GEO denies the allegations in Paragraph 75 of the FAC.

6 A. Class Definition

7

76. Paragraph 76 of the FAC contains Plaintiff’s characterization of the nature of

8 the action rather than averring any facts for GEO to admit or deny and calls for a legal

9 conclusion to which no response is necessary. To the extent this paragraph alleges any facts

10 or a response is necessary, GEO denies the allegations in Paragraph 76 of the FAC.

11

77. Paragraph 77 of the FAC contains Plaintiff’s characterization of the nature of

12 the action rather than averring any facts for GEO to admit or deny and calls for a legal

13 conclusion to which no response is necessary. To the extent this paragraph alleges any facts

14 or a response is necessary, GEO denies the allegations in Paragraph 77 of the FAC.

15 B. Class Certification Requirements under Rule 23

16

78. Numerosity: Rule 23(a)(1). Paragraph 78 of the FAC contains Plaintiff’s

17 characterization of the nature of the action rather than averring any facts for GEO to admit

18 or deny and calls for a legal conclusion to which no response is necessary. To the extent

19 this paragraph alleges any facts or a response is necessary, GEO denies the allegations in

20 Paragraph 78 of the FAC.

21

79. Commonality and Predominance: Rules 23(a)(2) and 23(b)(3). Paragraph

22 79 of the FAC contains Plaintiff’s characterization of the nature of the action rather than

23 averring any facts for GEO to admit or deny and calls for a legal conclusion to which no

24 response is necessary. To the extent this paragraph alleges any facts or a response is

25 necessary, GEO denies the allegations in Paragraph 79 of the FAC.

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
12

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 13 of 23 Page ID #:1021

1

80. Typicality: Rule 23(a)(3). Paragraph 80 of the FAC contains Plaintiff’s

2 characterization of the nature of the action rather than averring any facts for GEO to admit

3 or deny and calls for a legal conclusion to which no response is necessary. GEO specifically

4 denies that Plaintiff or any purported class member was “employed by GEO at the Adelanto

5 Facility.” To the extent any additional facts are alleged or a response is necessary, GEO

6 denies the remaining allegations set forth in Paragraph 80 of the FAC.

7

81. Adequacy: Rule 23(a(4). GEO is without knowledge or information

8 sufficient to form a belief as to the truth of the allegations set forth in Paragraph 81 of the

9 FAC and accordingly denies the truth of the allegations.

10

82. Superiority: Rules 23(b)(3). Paragraph 82 of the FAC contains Plaintiff’s

11 characterization of the nature of the action rather than averring any facts for GEO to admit

12 or deny and calls for a legal conclusion to which no response is necessary. To the extent

13 this paragraph alleges any facts or a response is necessary, GEO denies the allegations in

14 Paragraph 82 of the FAC.

15

CAUSES OF ACTION

16 COUNT I

17

CALIFORNIA MINIMUM WAGE LAW

18

Cal. Labor Code §§ 1194, 1197, 1197.1

19

83. GEO incorporates by reference its responses to the allegations in Paragraph 1

20 through 82 as if set forth fully herein.

21

84. GEO admits the allegations set forth in Paragraph 84 of the FAC.

22

85. Paragraph 85 of the FAC calls for a legal conclusion to which no response is

23 necessary. To the extent a response is necessary, GEO is without knowledge or information

24 sufficient to form a belief as to the truth of the allegations set forth in Paragraph 85 of the

25 FAC and accordingly denies the truth of the allegations.

26

86. GEO denies the allegations set forth in Paragraph 86 of the FAC, including,

27 specifically, the allegation that detainees at the Adelanto Facility have “wage protections.”

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
13

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 14 of 23 Page ID #:1022

1

87. GEO is without knowledge or information sufficient to form a belief as to the

2 truth of the allegations set forth as Paragraph 87 of the FAC and accordingly denies the truth

3 of the allegations.

4

88. GEO denies the allegations set forth in Paragraph 88 of the FAC.

5

89. GEO denies the allegations set forth in Paragraph 89 of the FAC.

6

90. Paragraph 90 of the FAC contains Plaintiff’s characterization of the nature of

7 the action rather than averring any facts for GEO to admit or deny and calls for a legal

8 conclusion to which no response is necessary. To the extent this paragraph alleges any facts

9 or a response is necessary, GEO denies the allegations in Paragraph 90 of the FAC.

10

91. GEO admits detainees who participate in the Voluntary Work Program receive

11 a $1 allowance per day pursuant to federal law. GEO denies the remaining allegations set

12 forth in Paragraph 91 of the FAC.

13

92. GEO is without knowledge or information sufficient to form a belief as to the

14 truth of the allegations set forth as Paragraph 92 of the FAC and accordingly denies the truth

15 of the allegations.

16 COUNT II

17

UNJUST ENRICHMENT

18

California Common Law

19

93. GEO incorporates by reference its responses to the allegations in Paragraph 1

20 through 92 as if set forth fully herein.

21

94. GEO denies the allegations set forth in Paragraph 94 of the FAC.

22

95. GEO denies the allegations set forth in Paragraph 95 of the FAC.

23

96. GEO denies the allegations set forth in Paragraph 96 of the FAC.

24

97. GEO denies the allegations set forth in Paragraph 97 of the FAC.

25

98. GEO denies the allegations set forth in Paragraph 98 of the FAC.

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
14

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 15 of 23 Page ID #:1023

1

COUNT III

2

CALIFORNIA UNFAIR COMPETITION LAW

Cal. Bus. & Prof. Code §§ 17200, et seq.

3

99. GEO incorporates by reference its responses to the allegations in Paragraph 1

4 through 98 as if set forth fully herein.

5

100. Paragraph 100 of the FAC calls for a legal conclusion to which no response is

6 required. To the extent a response is required, GEO denies the allegations set forth in

7 Paragraph 100 of the FAC.

8

101. GEO denies the allegations set forth as Paragraph 101 of the FAC.

9

102. GEO denies the allegations set forth as Paragraph 102 of the FAC.

10

103. GEO denies the allegations set forth as Paragraph 103 of the FAC.

11 COUNT IV

12

CALIFORNIA TRAFFICKING VICTIMS PROTECTION ACT

13

Cal. Civ. Code §52.5

14

104. GEO incorporates by reference its responses to the allegations in Paragraph 1

15 through 103 as if set forth fully herein.

16

105. Paragraph 105 of the FAC calls for a legal conclusion to which no response is

17 required. To the extent a response is required, GEO denies the allegations set forth in

18 Paragraph 105 of the FAC.

19

106. Paragraph 106 of the FAC calls for a legal conclusion to which no response is

20 required. To the extent a response is required, GEO denies the allegations set forth in

21 Paragraph 106 of the FAC.

22

107. Paragraph 107 of the FAC calls for a legal conclusion to which no response is

23 required. To the extent a response is required, GEO denies the allegations set forth in

24 Paragraph 107 of the FAC.

25

108. GEO denies the allegations set forth as Paragraph 108 of the FAC.

26

109. GEO denies the allegations set forth as Paragraph 109 of the FAC.

27

110. GEO denies the allegations set forth as Paragraph 110 of the FAC.

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
15

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 16 of 23 Page ID #:1024

1

COUNT V

2

ATTEMPTED FORCED LABOR

18 U.S.C. §§ 1589(a) & 1594(a)

3

111. GEO incorporates by reference its responses to the allegations in Paragraph 1

4 through 110 as if set forth fully herein.

5

112. GEO denies the allegations set forth in Paragraph 112 of the FAC.

6

113. GEO denies the allegations set forth in Paragraph 113 of the FAC.

7

114. GEO denies the allegations set forth in Paragraph 114 of the FAC.

8

115. GEO denies the allegations set forth in Paragraph 115 of the FAC.

9

116. GEO denies the allegations set forth in Paragraph 116 of the FAC.

10

117. GEO denies the allegations set forth in Paragraph 117 of the FAC.

11

118. GEO denies the allegations set forth in Paragraph 118 of the FAC.

12

119. GEO denies the allegations set forth in Paragraph 119 of the FAC.

13

120. GEO denies the allegations set forth in Paragraph 120 of the FAC.

14

PRAYER FOR RELIEF

15

In answering the Prayer for Relief, GEO denies that Plaintiff and the Class Members

16 are entitled to any of the relief they seek. GEO denies that this matter is suitable for class

17 certification. GEO affirmatively alleges that Plaintiff lacks standing to assert claims on

18 behalf of other individuals, that Plaintiff lacks standing to seek declaratory and/or injunctive

19 relief, and that Plaintiff is not a proper class representative.

20

AFFIRMATIVE DEFENSES

21

FIRST AFFIRMATIVE DEFENSE

22

Each purported cause of action of Plaintiff’s FAC fails to allege facts sufficient to

23 constitute a cause of action against GEO.

24

SECOND AFFIRMATIVE DEFENSE

25

GEO has immunity from this lawsuit.

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
16

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 17 of 23 Page ID #:1025

1

THIRD AFFIRMATIVE DEFENSE

2

Plaintiff seeks relief barred by the statute of limitations.

3

FOURTH AFFIRMATIVE DEFENSE

4

Plaintiff’s claim is pre-empted by federal law.

5

FIFTH AFFIRMATIVE DEFENSE

6

Plaintiff has failed to join parties that should be joined under Federal Rule of Civil

7 Procedure 19.

8

SIXTH AFFIRMATIVE DEFENSE

9

Plaintiff’s alleged injuries and damages, if any, were caused by the acts of a third

10 party who has not been named a party to this action and over whom GEO had no control.

11

SEVENTH AFFIRMATIVE DEFENSE

12

Plaintiff’s requested relief violates the law, and is otherwise impossible to attain in

13 conformance with the law. Neither Plaintiff nor putative class members have a legal right

14 to work at minimum wage rates because none has sought approval from the U.S. Attorney

15 General for employment with GEO, and none are qualified to work for GEO under ICE’s

16 contract terms and federal law. Plaintiff’s participation in the Voluntary Work Program

17 was voluntary.

18

EIGHTH AFFIRMATIVE DEFENSE

19

Plaintiff lacks standing to brings the claims asserted in the FAC.

20

NINTH AFFIRMATIVE DEFENSE

21

Plaintiff’s claim is not ripe.

22

TENTH AFFIRMATIVE DEFENSE

23

Plaintiff’s claim is not justiciable.

24

ELEVENTH AFFIRMATIVE DEFENSE

25

Plaintiff has unclean hands.

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
17

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 18 of 23 Page ID #:1026

1

TWELFTH AFFIRMATIVE DEFENSE

2

Plaintiff has unreasonably delayed his request for relief, to GEO’s prejudice, such

3 that his claims are barred by the defense of laches.

4

THIRTEENTH AFFIRMATIVE DEFENSE

5

Plaintiff is barred from seeking equitable relief to the extent an adequate remedy

6 exists at law.

7

FOURTEENTH AFFIRMATIVE DEFENSE

8

The federal Trafficking Victims Protection Act is unconstitutionally vague and/or

9 overbroad as applied to GEO’s administration of the VWP.

10

FIFTEENTH AFFIRMATIVE DEFENSE

11

The California Trafficking Victims Protection Act is unconstitutionally vague and/or

12 overbroad as applied to GEO’s administration of the VWP.

13

SIXTEENTH AFFIRMATIVE DEFENSE

14

California’s Minimum Wage Law, and IWC Wage Order are unconstitutionally

15 vague and/or overbroad as applied to GEO’s administration of the VWP.

16

SEVENTEENTH AFFIRMATIVE DEFENSE

17

GEO reserves the right to amend its Answer to Plaintiff’s FAC to assert additional

18 defenses, withdraw defenses, and/or add counterclaims as may become necessary after

19 reasonable opportunity, or discovery has occurred, up through and including trial in this

20 matter.

21

PRAYER

22

WHEREFORE, GEO respectfully requests:

23

1. That Plaintiff take nothing by the FAC;

24

2. A dismissal of the FAC with prejudice and an award of GEO’s reasonable

25 attorneys’ fees to the extent permitted by law;

26

3. Judgment in favor of GEO and against Plaintiff;

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
18

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 19 of 23 Page ID #:1027

1

4. Costs of suit herein; and

2

5. Such other and further relief, legal and equitable, that the Court may deem

3 proper.

4

CONDITIONAL AMENDED COUNTERCLAIM

5

Counter-Claimant The GEO Group, Inc. (“GEO”), through counsel, brings the

6 following conditional counterclaims against Counter-Defendant Raul Novoa (“Counter-

7 Defendant”), and against any putative class or classes certified by the Court.

8

JURISDICTION AND VENUE

9

1. To the extent this Court holds that it has subject matter jurisdiction despite

10 GEO’s immunity, the Court will have jurisdiction over the parties and subject matter over

11 this counterclaim. GEO asserts its counterclaim only in the event that the Court has

12 determined it has subject matter jurisdiction. GEO does not waive and expressly reserves

13 its objection to subject matter jurisdiction with respect to Plaintiff’s/Counter-Defendant’s

14 claims. To the extent GEO is subject to jurisdiction in this Court, jurisdiction over GEO’s

15 counterclaim is grounded in diversity pursuant to 28 § U.S.C. 1332. GEO is a Florida

16 corporation with its principal place of business in Florida. Raul Novoa is a citizen of

17 Mexico, who alleges he is a resident of California. The amount in controversy on the

18 counterclaims exceeds $75,000.00.

19

2. Alternatively, this Court has supplemental jurisdiction over these

20 counterclaims pursuant to 28 U.S.C. § 1367(a), as these counterclaims form part of the same

21 case or controversy as the claims asserted by Plaintiff/Counter-Defendant under Article III

22 of the United States Constitution.

23

3. Venue is proper in this Court, as the events giving rise to these counterclaims

24 occurred in this district.

25

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
19

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 20 of 23 Page ID #:1028

1

PARTIES

2

4. GEO is a Florida corporation with its principal place of business in Florida.

3 GEO is a service provider that operates the Adelanto Facility for the housing of federal

4 immigration detainees in the custody of the federal government, under terms set out in the

5 contracts between the City of Adelanto and ICE, and the City of Adelanto and GEO, and

6 applicable regulations and detention facility standards, and the laws of the United States.

7

5. Raul Novoa is a citizen of Mexico, who alleges he is a resident of California.

8 Counter-Defendant was an ICE detainee at the Adelanto Facility at various times from 2012

9 to 2015.

10

6. While detained at the Adelanto Facility, Counter-Defendant did not have

11 authorization from the U.S. Attorney General to be employed in the United States under

12 federal law.

13

7. Because Counter-Defendant was in the custody of the federal government

14 while at the Adelanto Facility and participated in the Voluntary Work Program, California’s

15 Minimum Wage Law (“MWL”) does not apply to him.

16

FIRST CAUSE OF ACTION

17

Declaratory Relief—28 U.S.C. § 2201(a)

18

8. GEO incorporates the allegations in Paragraphs 1-24, above, by reference as if

19 fully stated herein.

20

9. At all times relevant to these proceedings, GEO administered a Voluntary

21 Work Program at the Adelanto Facility as required by the ICE contract. That Voluntary

22 Work Program was, and is, subject to federal detention standards.

23

10. The Voluntary Work Program at the Adelanto Facility is critical to the safe and

24 secure operations of the facility. Specifically, the Voluntary Work Program reduces idle

25 time for detainees and promotes institutional efficiency, just as similar programs do in

26 California’s own facilities.

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
20

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 21 of 23 Page ID #:1029

1

11. Pursuant to an express authorization from Congress that ICE may authorize

2 allowances to immigration detainees for work performed while detained, ICE authorized an

3 allowance of $1.00 per day for each Voluntary Work Program participant.

4

12. ICE must authorize any increase in the allowance rate of $1.00 per day, as

5 expressed in the ICE contract for the Adelanto Facility. Without an ICE-approved increase

6 in the allowance rate, detainees may not be given an allowance in excess of $1.00 per day

7 for participation in the Voluntary Work Program at the Adelanto Facility.

8

13. ICE also prohibits GEO from employing any detainees. ICE must clear any

9 GEO employee working at the Adelanto Facility via a background check performed by ICE.

10 ICE also requires GEO to immediately suspend any employee found to have a history of

11 arrests.

12

14. Counter-Defendant and the putative class members were participants in the

13 Voluntary Work Program at the Adelanto Facility. They were not authorized by ICE to

14 work for GEO or anyone else in the United States, and did not complete the requirements

15 for employment specified in the City’s detention services agreement with ICE. Counter-

16 Defendant himself was ineligible for work because he was detained by ICE based on his

17 criminal record in the United States, which includes possession of controlled substances,

18 possession of a firearm by a felon, giving a false ID to a peace officer, and domestic

19 violence. Counter-Defendant has not alleged that he, or any other Adelanto detainee, was

20 granted work authorization by the Attorney General.

21

15. Counter-Defendant initiated this lawsuit, claiming California’s labor laws

22 apply to him and the putative class members, when they do not. Because Counter-

23 Defendant was in the custody of the federal government while at the Adelanto Facility and

24 participating in the Voluntary Work Program, California’s MWL does not apply to them.

25 This matter presents an actual controversy that can be finally resolved by the Court.

26

16. GEO has already incurred attorneys’ fees and other costs defending against

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
21

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 22 of 23 Page ID #:1030

1 Plaintiff/Counter-Defendant’s claims, and will continue to do so.

2

17. ICE detainees at the Adelanto Facility, including Counter-Defendant and the

3 putative class members, are federal immigration detainees housed at the Adelanto Facility

4 pursuant to the City’s detention services agreement with ICE. They are not employed by

5 GEO, and are not employees of GEO. The work performed by these detainees is performed

6 for reasons other than compensation in order to provide for necessary food and shelter, as

7 detainees participating in the Voluntary Work Program do not participate in commerce and

8 do not depend on the wages they earn for basic necessities such as, for example, housing,

9 food, clothing, and recreation, while detained.

10

18. GEO therefore seeks a declaration that: (1) no employment relationship exists

11 between GEO and detainees who participate in the Voluntary Work Program, including but

12 not limited to Counter-Defendant and the putative class members; (2) such detainees,

13 including but not limited to Counter-Defendant and the putative class members, are not

14 employees of GEO, and GEO is not their employer; (3) as a result, California’s labor laws

15 and wage orders do not apply to such detainees, including but not limited to Counter-

16 Defendant and the putative class members; and (4) Counter-Defendant and putative class

17 members are not entitled to disgorgement or other equitable relief for allegedly unpaid

18 wages or allegedly inequitable revenues or profits; (5) GEO has not violated the TVPA; (6)

19 GEO has not violated the California TVPA.

20

WHEREFORE, GEO prays for the following relief:

21

1. An order enjoining Counter-Defendant and the putative class members from

22 claiming California’s labor laws apply to them;

23

2. An order declaring California’s labor laws do not apply to ICE detainees at the

24 Adelanto Facility, including but not limited to laws requiring payment of minimum wage

25 and overtime wages;

26

3. An order declaring that there is no employment relationship between GEO and

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
22

Case 5:17-cv-02514-JGB-SHK Document 106 Filed 12/19/18 Page 23 of 23 Page ID #:1031

1 detainees housed at the Adelanto Facility who participate in the Volunteer Work Program,

2 specifically that GEO is not the employer of such detainees, and that such detainees are not

3 employees of GEO;

4

4. An order declaring that GEO has not violated the TVPA or California TVPA.

5

5. An award of attorneys’ fees and costs; and

6

6. Other and further relief as the Court deems just and equitable.

7

8 Dated: November 29, 2018 9 10 11 12

LESLEY HOLMES MARK EMERY CHARLES A. DEACON NORTON ROSE FULBRIGHT US LLP ROBERT J. HERRINGTON SCOTT A. SCHIPMA GREENBERG TRAURIG, LLP

13

By__/s/ Robert J. Herrington______

14

Robert J. Herrington

Attorneys for Defendant

15

The GEO Group, Inc.

16

17

JURY DEMAND

18

Pursuant to FRCP 38(b), GEO demands a jury trial as to all triable issues raised in

19 both the FAC and the Counterclaims.

20

21 DATED: November 29, 2018 22

GREENBERG TRAURIG, LLP

23

By __/s/ Robert J. Herrington

24

Robert J. Herrington

25

Attorneys for Defendant The GEO Group, Inc.

26

27

28 THE GEO GROUP, INC.’S FIRST AMENDED ANSWER AND
COUNTERCLAIM TO PLAINTIFF’S FIRST AMENDED COMPLAINT
23

 
 Case 5:17-cv-02514-JGB-SHK Document 50 Filed 07/24/18 Page 1 of 14 Page ID #:496

1 Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com
2 Lydia A. Wright (admitted pro hac vice) 3 lwright@burnscharest.com
BURNS CHAREST LLP 4 365 Canal Street, Suite 1170 5 New Orleans, LA 70130
Telephone: (504) 799-2845 6 Facsimile: (504) 881-1765
7
Counsel for Plaintiff 8 Additional Counsel on Signature Page.
9

10

UNITED STATES DISTRICT COURT

11

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

12

13 RAUL NOVOA, individually and on Civil Action No. 5:17-cv-02514

behalf of all others similarly situated,

14

PLAINTIFF’S ANSWER AND

15

Plaintiff,

AFFIRMATIVE DEFENSES TO

16 v.

GEO’S CONDITIONAL COUNTERCLAIMS

17 THE GEO GROUP, INC.,
18
Defendant.
19

PLAINTIFF’S REPLY COUNTERCLAIM FOR RETALIATION

20
Plaintiff Raul Novoa (“Plaintiff”) answers Conditional Counterclaims filed by
21
22 Defendant The GEO Group, Inc. (“GEO”) (ECF No. 45) and states his affirmative

23 defenses as follows:
24

25

26

1

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 50 Filed 07/24/18 Page 2 of 14 Page ID #:497

1

JURISDICTION AND VENUE

2

1. GEO is not immune from suit. Plaintiff denies that this Court has subject

3

matter jurisdiction over GEO’s counterclaim pursuant to 28 U.S.C. § 1332. Plaintiff
4

5 lacks knowledge sufficient to form a belief regarding the residence of GEO. Plaintiff

6 admits that he is a resident of the State of California. Plaintiff denies that the amount in

7
controversy of the counterclaim exceeds $75,000.
8

9

2. Denied.

10

3. Plaintiff admits that venue is proper in this Court.

11
PARTIES
12

13

4. Plaintiff lacks knowledge sufficient to form a belief regarding the

14 allegations in this paragraph and they are therefore denied.
15
5. Plaintiff admits that he is a citizen of Mexico and a resident of California,
16
17 and that he was detained at the Adelanto Facility at various times from 2012 to 2015.

18 Except as expressly admitted, the remaining allegations in this paragraph are denied.

19
6. Denied.

20

21

7. Denied.

22

23

24

25

26

2

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 50 Filed 07/24/18 Page 3 of 14 Page ID #:498

1

FIRST CAUSE OF ACTION

2

Unjust Enrichment/Offset

3

8. Plaintiff lacks knowledge sufficient to form a belief regarding the
4

5 allegations in this paragraph and they are therefore denied.

6

9. Plaintiff lacks knowledge sufficient to form a belief regarding allegations

7
in the first sentence of this paragraph and they are therefore denied. Plaintiff denies the
8

9 second sentence of paragraph 9.

10

10. Denied as alleged.

11
11. Plaintiff lacks knowledge sufficient to form a belief regarding the
12

13 allegations in this paragraph and they are therefore denied.

14

12. Plaintiff lacks knowledge sufficient to form a belief regarding the

15
allegations in this paragraph and they are therefore denied.
16

17

13. Denied.

18

14. Plaintiff admits that he participated in the VWP at various times while

19
detained at the Adelanto Facility. The remainder of the paragraph is denied.

20

21

15. Admit.

22

16. Denied.

23

17. Denied as stated.

24

18. Denied.
25

26

3

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 50 Filed 07/24/18 Page 4 of 14 Page ID #:499

1

19. Plaintiff admits that his participation in the Voluntary Work Program was

2 temporary and dependent on his continued detention. The remainder of the paragraph
3
is denied.
4

5

20. Denied.

6

21. Denied.

7
22. Plaintiff lacks knowledge sufficient to form a belief regarding whether
8

9 GEO incurred costs and expenses in excess of $11.00 per hour for all goods and services

10 provided to detainees, and these allegations are therefore denied. The remainder of this

11
paragraph is denied.
12

13

23. Plaintiff lacks knowledge sufficient to form a belief regarding the

14 allegations in this paragraph and they are therefore denied.

15
24. Denied.
16

17

SECOND CAUSE OF ACTION

18

Declaratory Relief – 28 U.S.C. § 2201(a)

19
25. Plaintiff incorporates by reference his responses to the allegations in
20
21 Paragraph 1 through 24 as if set forth fully herein.

22

26. Plaintiff admits that GEO administered the Voluntary Work Program, but

23 denies GEO did so as required by its ICE contract. Plaintiff lacks knowledge sufficient
24

25

26

4

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 50 Filed 07/24/18 Page 5 of 14 Page ID #:500

1 to form a belief regarding the remaining allegations in this paragraph and they are

2 therefore denied.
3
27. Plaintiff lacks knowledge sufficient to form a belief regarding the
4

5 allegations in this paragraph and they are therefore denied.

6

28. Plaintiff lacks knowledge sufficient to form a belief regarding the

7
allegations in this paragraph and they are therefore denied.
8

9

29. Denied.

10

30. Denied as alleged.

11
31. Plaintiff admits that he and the putative class members participated in the
12

13 Voluntary Work Program at the Adelanto Facility. The remainder of the paragraph is

14 denied.
15
32. Plaintiff admits that he filed this lawsuit and that it presents an actual
16
17 controversy that can be finally resolved by this Court. The remainder of the paragraph

18 is denied.

19
33. Admitted.

20

21

34. Plaintiff and the putative class members are or were federal immigration

22 detainees housed at the Adelanto Facility. The remainder of the paragraph is denied.

23

35. This paragraph calls for a legal conclusion to which no response is required.

24

To the extent any response is required, Plaintiff denies.
25

26

5

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 50 Filed 07/24/18 Page 6 of 14 Page ID #:501

1

PRAYER FOR RELIEF

2

To the extent Defendant’s prayer for relief contains any facts, Plaintiff denies.

3

AFFIRMATIVE DEFENSES
4

5

1. GEO’s counterclaims fail to state a claim upon which relief can be

granted.
6

7

2. The relief GEO seeks is barred by the doctrine of estoppel

8

3. The relief GEO seeks is barred by the doctrine of illegality.

9
4. The relief GEO seeks is barred by laches.
10

11

5. The relief GEO seeks is barred by GEO’s unclean hands.

12

6. The relief GEO seeks is barred by the doctrine of waiver.

13
7. GEO has failed to joined an indispensable party.
14

15

8. The relief GEO seeks is barred by the statute of limitations.

16

9. GEO’s claims against putative class members are unripe and

17

nonjusticiable unless and until a class is certified.

18

10. The relief GEO seeks is contrary to public policy.

19
11. The relief GEO seeks should be limited by the corporation’s failure to

20

mitigate its damages.

21

PLAINTIFF’S COUNTERCLAIM IN REPLY

22

Pursuant to Fed. R. Civ. P. 13(a), Plaintiff Novoa, on behalf of himself
23

24 individually and all others similarly situated, brings the following counterclaim in reply

25 against GEO for retaliation. In this regard, and since the underlying First Amended Class

26

6

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 50 Filed 07/24/18 Page 7 of 14 Page ID #:502

1 Action Complaint (ECF No. 47) alleges five causes of action, the new cause of action

2 set forth herein will start the sixth cause of action.
3
JURISDICTION
4

5

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

6 because this action arises under the Trafficking Victims Protection Act, 18 U.S.C. §§

7
1589 et seq.
8

9

2. This Court has subject matter jurisdiction pursuant to the Class Action

10 Fairness Act of 2005, 28 U.S.C. § 1332(d), because at least one class member is of diverse
11
citizenship from one defendant; there are more than 100 class members; the aggregate
12
13 amount in controversy exceeds $5,000,000; and minimal diversity exists.

14

3. Venue is proper in this District under 28 U.S.C. § 1391(b)(2) because the

15
events or omissions giving rise to the claims occurred in this District.
16

17

4. This Court has personal jurisdiction over GEO because the corporation

18 regularly conducts business in California, and has sufficient minimum contacts with

19
California.

20

21

5. Plaintiff requests that this Court exercise supplemental jurisdiction

22 pursuant to 28 U.S.C. § 1367 over his state law claims.

23

24

25

26

7

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1

PARTIES

2

6. Plaintiff Raul Novoa is an adult resident of Los Angeles, California. He is

3

a lawful permanent resident with longstanding family and community ties in the Los
4

5 Angeles area. From 2012 through February 2015, Mr. Novoa was detained at the

6 Adelanto Facility. During those three years, he was employed by GEO as a janitor and
7
a barber. He was paid only $1 per day for his labor, regardless of how many hours he
8
9 worked.

10

7. Defendant GEO is a for-profit corporation providing correctional,

11
detention, and community reentry services. GEO is a Florida corporation, with its
12

13 principal office located at 624 NW 53rd Street, Suite 700, Boca Raton, Florida 33487.

14

COUNT VI

15

Retaliation

16

8. GEO’s counterclaims for “unjust enrichment/offset” and “declaratory

17
relief” are a retaliatory in terrorem tactic against Plaintiff Novoa and the class members
18
19 for bringing their claims to court.

20

9. Plaintiff Raul Novoa was detained at the Adelanto Facility from June 2012

21
through February 2015.

22

23

10. On December 19, 2017, Plaintiff Novoa, on behalf of himself and all

24 others similarly situated, filed a class action complaint seeking money damages and

25 injunctive relief from GEO for the continued and unlawful economic exploitation of

26

8

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1 civil immigration detainees at the Adelanto Detention Center (the “Adelanto Facility”)

2 (ECF No. 1). By filing this lawsuit, Plaintiff Novoa engaged in a protected activity.
3
11. On July 3, 2018, GEO filed a counterclaim against Plaintiff Novoa and all
4

5 putative class members for “unjust enrichment/offset” and “declaratory relief.”

6

12. Accordingly, GEO waited more than three years after Plaintiff Novoa was

7
released from the Adelanto Facility, and only after this Court denied in part GEO’s
8

9 motion to dismiss, to file its counterclaims.

10

13. GEO’s motive in bringing these counterclaims is to retaliate against

11
Plaintiff Novoa and deter the class members – thousands of vulnerable and indigent
12

13 individuals – from exercising their protected right to litigate their claims against GEO.

14

14. GEO’s counterclaim targets the entire putative class – i.e., “All civil

15
immigration detainees who performed work for GEO at the Adelanto Detention Center
16
17 in the Work Program since GEO assumed responsibility for the Facility in May 2011.”

18

15. GEO has a strong financial interest in deterring Plaintiff Novoa and the

19
putative class members from prosecuting their case.

20

21

16. GEO represented to the United States Court of Appeals for the Tenth

22 Circuit that a similar federal class action lawsuit currently pending Colorado “poses a

23 potentially catastrophic risk to GEO’s ability to honor its contracts with the federal
24

25

26

9

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Case 5:17-cv-02514-JGB-SHK Document 50 Filed 07/24/18 Page 10 of 14 Page ID #:505

1 government.” Petition for Permission to Appeal Class Certification at 30, Menocal et. al.

2 v. The GEO Group, Inc., No.14-02887 (10th Cir. March 13, 2017).
3
17. GEO’s decision to seek equitable relief from Plaintiff Novoa and the
4

5 putative class now, on the eve of discovery, is evidence of GEO’s retaliatory intent.

6

18. In addition, GEO’s counterclaims are wholly without merit.

7
19. First, GEO’s counterclaim for “unjust enrichment/offset” is time-barred
8

9 because it was filed more than three years after Plaintiff Novoa was released from the

10 Adelanto Facility.
11
20. Second, Plaintiff Novoa and the class members were not “unjustly
12
13 enriched” at the expense of GEO, because GEO is contractually required to provide for

14 all essential detention services at the Adelanto Facility. These essential detention services
15
include providing detainees with food, shelter, utilities, clothing, bedding, recreation,
16
17 entertainment, and medical, dental, optical, and mental health services – the exact same

18 services for which GEO now demands restitution from thousands of current and former

19
detainees. GEO – a multibillion-dollar corporation – has made tens of millions of dollars
20
21 in profits from its contract to run the Adelanto Facility.

22

21. Third, an involuntary detainee cannot simply refuse detention (i.e.

23 “housing”) or the conditions of confinement (i.e. food and utilities). Plaintiff Novoa and
24
the class members had no choice but to accept the “goods and services” provided by
25

26

10

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1 GEO, pursuant to GEO’s contract with the City of Adelanto to operate the Adelanto

2 Facility.
3
22.
4

GEO’s counterclaims are reasonably likely to deter the protected activity

5 of filing and prosecuting a lawsuit.

6

23. Plaintiff Novoa’s counterclaim in reply of retaliation arises out of the same

7
transaction or occurrence and the same set of aggregate facts that are the subject matter
8

9 of GEO’s counterclaims.

10

24. Plaintiff Novoa’s counterclaim in reply does not require adding another

11
party over whom the Court cannot acquire jurisdiction.
12

13

25. GEO – a multibillion dollar real estate investment trust that rakes in

14 hundreds of millions of taxpayer dollars in revenue each quarter – is seeking to shift the
15
costs of its compliance its contract and all governing federal, state, and local laws onto
16
17 Plaintiff Novoa and the putative class, and to strike fear in the hearts of other vulnerable

18 human beings that the company incarcerates for profit.

19
PRAYER FOR RELIEF

20

21

WHEREFORE, Plaintiff Novoa, individually and on behalf of the Class,

22 requests that the Court:

23

a. Issue an Order enjoining GEO from continuing to retaliate against

24

Plaintiff Novoa and the putative class members;

25

26

11

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1

b. Award declaratory and other equitable relief as is necessary to protect

the interests of Plaintiff and Class Members;
2

3

c. Award Plaintiff and Class Members their reasonable expenses and

attorney’s fees incurred as a result of defending GEO’s frivolous

4

counterclaims; and

5
d. Other and further relief as the Court deems just and equitable.
6

7

8

9

Dated: July 24, 2018

10

11

12

13

14

15

16

17

18

19

20

21

22

23

/s/ Korey Nelson Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com LA Bar # 30002 Lydia A. Wright (admitted pro hac vice) lwright@burnscharest.com LA Bar # 37926 BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Facsimile: (504) 881-1765
R. Andrew Free (admitted pro hac vice) andrew@immigrantcivilrights.com TN Bar # 030513 LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209 Telephone: (844) 321-3221 Facsimile: (615) 829-8959

24

Robert Ahdoot (CA Bar # 172098)

25

rahdoot@ahdootwolfson.com Tina Wolfson (CA Bar # 174806)

26

12

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1

twolfson@ahdootwolfson.com

Vanessa Shakib (CA Bar # 287339)

2

vshakib@ahdootwolfson.com

3

AHDOOT & WOLFSON, PC

10728 Lindbrook Drive

4

Los Angeles, California 90024-3102

5

Telephone: (310) 474-9111

Fax: (310) 474-8585
6

7

Nicole Ramos (admitted pro hac vice)

nicole@alotrolado.org

8

NY Bar # 4660445

9

AL OTRO LADO

511 E. San Ysidro Blvd., # 333

10

San Ysidro, CA 92173

11

Telephone: (619) 786-4866

12

Will Thompson (CA Bar # 289012)

13

wthompson@burnscharest.com

Warren Burns (admitted pro hac vice)

14

wburns@burnscharest.com

15

TX Bar # 24053119

Daniel H. Charest (admitted pro hac vice)

16

dcharest@burnscharest.com

17

TX Bar # 24057803

BURNS CHAREST LLP

18

900 Jackson St., Suite 500

19

Dallas, Texas 75202

Telephone: (469) 904-4550

20

Facsimile: (469) 444-5002

21

22

Attorneys for Plaintiffs.

23

24

25

26

13

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1

CERTIFICATE OF SERVICE

2

On July 24, 2018, I electronically submitted the foregoing document with the

3

clerk of the court for the U.S. District Court, Central District of California, using the
4

5 electronic case filing system. I hereby certify that I have provided copies to all counsel

6 of record electronically or by another manner authorized by Fed. R. Civ. P. 5(b)(2).
7

8

/s/ Korey Nelson

9

Korey A. Nelson (admitted pro hac vice)

knelson@burnscharest.com

10

LA Bar # 30002

11

Lydia A. Wright (admitted pro hac vice)

lwright@burnscharest.com

12

LA Bar # 37926

13

BURNS CHAREST LLP

365 Canal Street, Suite 1170

14

New Orleans, LA 70130

15

Telephone: (504) 799-2845

Facsimile: (504) 881-1765

16

17

18

19

20

21

22

23

24

25

26

14

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 Case 5:17-cv-02514-JGB-SHK Document 184 Filed 09/16/19 Page 1 of 59 Page ID #:1908

1 Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com
2 Lydia A. Wright (admitted pro hac vice) 3 lwright@burnscharest.com
BURNS CHAREST LLP 4 365 Canal Street, Suite 1170 5 New Orleans, LA 70130
Telephone: (504) 799-2845 6 Facsimile: (504) 881-1765
7
Counsel for Plaintiffs 8 Additional Counsel on Signature Page.
9

10

UNITED STATES DISTRICT COURT

11

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

12

13 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and
14 RAMON MANCIA, individually and
15 on behalf of all others similarly situated,

16

Plaintiffs,

17 v.
18
THE GEO GROUP, INC.,
19

Civil Action No. 5:17-cv-02514-JGBSHKx
THIRD AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES

20

Defendant.

21

22

23

PRELIMINARY STATEMENT

24

1. This action arises from systematic and unlawful wage theft, unjust

25

enrichment, and forced labor at one of the nation’s largest and deadliest civil
26

1
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1 immigration detention facilities, California’s Adelanto ICE Processing Center

2 (“Adelanto” or the “Adelanto Facility”), and extending to nearly every immigration
3
detention facility operated by Defendant the GEO Group, Inc. (“GEO”).
4

5

2. Adelanto is a civil immigration detention center owned and operated for

6 profit by GEO.
7
3. GEO is a multibillion-dollar corporation that owns and operates detention
8
9 facilities around the world, including at least fourteen civil immigration detention centers

10 in the United States. GEO has made billions in revenue from its contracts with United

11
States Immigrations and Customs Enforcement (“ICE”) to operate these facilities.
12

13

4. Although it is contractually required to provide for all essential detention

14 services at Adelanto, GEO uses free or nearly-free labor of civilly detained immigrants

15
to perform those services in order to maximize profits.
16

17

5. GEO pays detained immigrants just $1 per day, or nothing at all, to

18 maintain and operate Adelanto.

19
6. This labor is not voluntary in any meaningful sense. GEO maintains a
20
21 corporate policy and uniform practice at Adelanto of withholding necessary care from

22 its detainees to ensure a ready supply of available labor needed to operate the Facility.

23 As a result, detainees are forced to submit to GEO’s $1 per day scheme in order to buy
24
the basic necessities – including food, water, and hygiene products – that GEO refuses
25

26 to provide for them.

2
PLAINTIFFS’ THIRD AMENDED COMPLAINT

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1

7. In at least fourteen of its immigration detention centers nationwide,

2 including Adelanto, GEO requires detained immigrants to perform uncompensated
3
janitorial and maintenance work under threat of solitary confinement and criminal
4

5 prosecution. This uncompensated labor is neither required nor permitted by ICE’s

6 Performance-Based National Detention Standards (“PBNDS”) or GEO’s contracts

7
with ICE.
8

9

8. GEO maintains a corporate policy and uniform practice at its civil

10 immigration detention centers, including Adelanto, of threatening detainees who refuse
11
to work with disciplinary segregation or solitary confinement, reporting their actions to
12
13 ICE, or referring them for criminal prosecution. These abusive practices and threats of

14 serious harm ensure that detained immigrants will continue working for subminimum

15
wages or nothing at all, thus unlawfully enhancing GEO’s profit margins.
16

17

9. Pursuant to GEO’s policies and practices at nearly every civil immigration

18 detention facility the company operates, detained immigrants face an impossible choice:

19
either perform uncompensated labor under threat of serious harm, or “volunteer” to
20
21 work for GEO for between $1 and $4 per day.

22

10. GEO significantly reduces its labor costs and expenses, and increases its

23 already vast profits, by unlawfully forcing and coercing detained immigrants to perform
24
labor at subminimum wages. These policies and practices violate California minimum
25

26 wage law, the California Unfair Competition Law, the California common law of unjust

3
PLAINTIFFS’ THIRD AMENDED COMPLAINT

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1 enrichment, and the California and federal Trafficking Victims Protection Acts, which

2 prohibit forced labor.
3
11. Plaintiffs Raul Novoa, Jaime Campos Fuentes, Abdiaziz Karim, and
4

5 Ramon Mancia, individually and on behalf of all others similarly situated, bring this class

6 action lawsuit to stop the economic exploitation of detained immigrants in GEO’s care,
7
to recover unpaid wages, and to remedy the unjust enrichment resulting from GEO’s
8
9 unlawful failure to pay its detainee workforce legal wages.

10

JURISDICTION AND VENUE

11
12. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331
12

13 because this action arises under the Trafficking Victims Protection Act, 18 U.S.C.

14 §§ 1589 et seq.
15
13. This Court has subject matter jurisdiction pursuant to the Class Action
16
17 Fairness Act of 2005, 28 U.S.C. § 1332(d), because at least one class member is of diverse

18 citizenship from one defendant; there are more than 100 class members; the aggregate

19
amount in controversy exceeds $5,000,000; and minimal diversity exists.

20

21

14. Venue is proper in this District under 28 U.S.C. § 1391(b)(2) because the

22 events or omissions giving rise to the claims occurred in this District.

23

15. This Court has personal jurisdiction over GEO because the corporation

24

regularly conducts business in California and has sufficient minimum contacts with
25

26 California.

4
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1

16. Plaintiffs request that this Court exercise supplemental jurisdiction

2 pursuant to 28 U.S.C. § 1367 over their state law claims arising under the California
3
Minimum Wage Order, the California Unfair Competition Law, and California common
4

5 law.

6

PARTIES

7
17. Plaintiff Raul Novoa is an adult resident of Los Angeles, California. He is
8

9 a lawful permanent resident with longstanding family and community ties in the Los

10 Angeles area. From 2012 through 2015, Mr. Novoa was detained at the Adelanto Facility.
11
During those three years, he was employed by GEO as a janitor and a barber. He was
12
13 paid only $1 per day for his labor, regardless of how many hours he worked.

14

18. Plaintiff Jaime Campos Fuentes is an adult resident of Inglewood,

15
California. He is a citizen of El Salvador and is seeking asylum in the United States. From
16

17 approximately December 2016 through January 2018, Mr. Campos was detained at the

18 Adelanto Facility. During that period, he was employed by GEO as a janitor and

19
maintenance worker. He was paid only $1 per day for his labor – or nothing at all –
20
21 regardless of how many hours he worked. Sometimes, he worked in exchange for extra

22 portions of food. Mr. Campos Fuentes has also performed uncompensated labor for

23 GEO under threat of serious harm.
24
19. Plaintiff Abdiaziz Karim is an adult citizen of Somalia who is seeking
25

26 asylum in the United States. From approximately August 22, 2017 until approximately

5
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1 August 25, 2019, Mr. Karim was a civil immigration detainee at the Adelanto Facility.

2 During his detention, Mr. Karim was employed by GEO as a porter or janitor. He was
3
paid only $1 per day for his labor – or nothing at all – regardless of how many hours he
4

5 worked. Mr. Karim has also performed uncompensated labor for GEO under threat of

6 serious harm.
7
20. Plaintiff Ramon Mancia is an adult resident of Los Angeles, California. He
8
9 is a citizen of El Salvador with longstanding family and community ties in the Los

10 Angeles area. Mr. Mancia entered the Adelanto Facility as a civil immigration detainee
11
on or around April 2019 and is currently detained there. Mr. Mancia is currently
12
13 employed by GEO as a kitchen worker. He is paid only $1 per day for his labor – or

14 nothing at all – regardless of how many hours he works. Mr. Mancia has also performed

15
uncompensated labor for GEO under threat of serious harm.
16

17

21. Defendant GEO is a for-profit multinational corporation providing

18 correctional, detention, and community reentry services. GEO is a Florida corporation,

19
with its principal office located at 624 NW 53rd Street, Suite 700, Boca Raton, Florida
20
21 33487. GEO is organized as a Real Estate Investment Trust (“REIT”) business entity

22 under federal tax laws.

23

24

25

26

6
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1

FACTUAL ALLEGATIONS

2 A.
3
4

Immigration detention is civil—not criminal. 22. Each year, hundreds of thousands of individuals are detained in

5 geographically isolated immigration detention facilities while awaiting immigration or

6 citizenship status determinations. These detainees include U.S. citizens, lawful
7
permanent residents (green card holders) with longstanding family and community ties,
8
9 survivors of torture, asylum seekers, victims of human trafficking, children, and pregnant

10 women.
11
23. Some detainees, like Mr. Novoa and Mr. Mancia, were brought to the
12
13 United States as children. And thousands ultimately have their United States citizenship

14 or legal residency affirmed by an immigration court or federal judge.
15
24. Immigration violations are civil violations, and immigration detention is
16
17 civil in nature.1 Many detainees have no criminal history at all.

18

25. Notwithstanding immigration detention’s civil nature and purpose,

19
detainees are often subjected to prison-like conditions. According to Dora Schriro,
20
21 former head of ICE’s Office of Detention Policy and Planning, most detainees are held

22 – systematically and unnecessarily – under circumstances inappropriate for immigration

23

24

25 1 See Fong Yue Ting v. United States, 149 U.S. 698, 728–30 (1893) (observing that deportation 26 proceedings have “all the elements of a civil case” and are “in no proper sense a trial or sentence
for a crime or offense”).

7
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1 detention’s noncriminal purposes.2 Detained immigrants are frequently subjected to

2 punitive and long-term solitary confinement, inadequate medical care, sexual and
3
physical assault, and other harsh conditions of confinement.3
4

5

26. Many detained immigrants submit to deportation simply to obtain release

6 from these intolerable conditions, even when they have valid claims to remain in the
7
United States, including claims to asylum or other discretionary relief.
8
9 B. The privatization of immigration detention and GEO’s economic windfall.

10

27. Immigration detention expanded roughly eightfold over the past two

11
decades, from a capacity of 5,532 detention beds in 19944 to a current capacity of over
12

13 41,000.5

14

28. During the same period, GEO and other private prison corporations have

15
spent tens of millions of dollars on lobbying efforts.6
16

17

18

19 2 Dora Schriro, U.S. Dep’t of Homeland Sec., Immigration Detention Overview and

Recommendations 10, 15 (2009). 20 3 See King v. County of Los Angeles, 885 F.3d 548 (9th Cir. 2018).

21 4 Sharita Gruberg, How For-Profit Companies are Driving Immigration Detention Policies, Center for American Progress (Dec. 18, 2015), available at

22 https://www.americanprogress.org/issues/immigration/reports/2015/12/18/127769/how-for-

profit-companies-are-driving-immigration-detention-policies/

23 5 Jenny Jarvie, “This industry stands to benefit from Trump’s crackdown on the border,” Los Angeles

Times (Feb. 14, 2017) available at http://www.latimes.com/nation/la-na-immigrant-detention24 20170214-story.html;

25

6 Michael Cohen, How for-profit prisons have become the biggest lobby no one is talking about, Washington Post (Apr. 28, 2015), available at

26 https://www.washingtonpost.com/posteverything/wp/2015/04/28/how-for-profit-prisons-havebecome-the-biggest-lobby-no-one-is-talking-about/?utm_term=.25de04ae71f9

8
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1

29. As immigration detention has expanded, private prison corporations,

2 particularly GEO, have gained an increasing share of the contracts for new detention
3
beds.7
4

5

30. Contracts with ICE accounted for 23.1% of GEO’s revenues in 2016, up

6 from 17.7% in 2015.8 GEO officials expect these lucrative ICE contracts to account for

7
a significant percentage of the corporation’s ongoing revenues.9
8

9

31. GEO’s revenues in 2016, 2017, and 2018 were over $2 billion, and its stock

10 is publicly traded on the New York Stock Exchange.
11
32. GEO’s economic windfall, and the profitability of its immigration
12
13 detention enterprise, arises from its policy of systemically withholding necessary case

14 from detainees to ensure a readily available, captive labor force that cleans, maintains,
15
and operates its facilities for sub-minimal wages under threat of serious harm and abuse
16
17 of legal process. Without this nearly free detainee labor, GEO’s windfall from immigrant

18 detention would be substantially decreased.

19
33. As a result of its REIT structure and increasing moves by lending
20
21 institutions away from extending credit to the private prison industry, GEO depends on

22 the free and nearly free labor of detained immigrants to meet its projected revenues.

23

24 7 Bethany Carson & Eleana Diaz, Payoff: How Congress Ensures Private Prison Profit with an

25

Immigrant Detention Quota, Grassroots Leadership (Apr. 2015) at 4, Chart 1-AA, available at https://grassrootsleadership.org/sites/default/files/reports/quota_report_final_digital.pdf

26 8 The GEO Group, Inc., 2017 10-K form at 36, available at

http://www.snl.com/Cache/c38242453.html.

9 Id.

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1 C. GEO withholds necessary care from detainees at the Adelanto Facility.

2

34. Since 2011, GEO has contracted with ICE to operate the Adelanto Facility,

3

which is a 1,940-bed immigration detention facility in Adelanto, California. More than
4

5 73,000 people have passed through the Facility.

6

35. Adelanto is notorious for its poor treatment of detainees.

7
36. For example, in November 2011, shortly after Adelanto opened, an ICE
8

9 annual review found that the Facility’s “medical officials were not conducting detainee

10 health appraisals within 14 days of arrival, and registered nurses were performing health

11
assessments” without proper training or certification.10
12

13

37. Ten months later, ICE’s Office of Detention Oversight found that

14 Adelanto officials often delay responding to detainee requests for medical care and fail
15
to promptly review medical records.11 That report also said that the death of a detainee
16
17 in March 2012 resulted from “egregious errors” by medical staff and could have been

18 prevented.

19
38. In 2014, the Office of Detention Oversight found Adelanto deficient in 26
20
21 competency areas, including 16 related to the Facility’s efforts to prevent and intervene
22 in sexual abuse.12

23

24 10 https://www.ice.gov/doclib/foia/odo-compliance-

25

inspections/adelantoCorrectionalFac_Adelanto-CA-Sept_18-20-2012.pdf 11 Id.

26 12 U.S. Immigration and Customs Enforcement, Office of Professional Responsibility, Office of Oversight Detention, “Compliance Inspection,” (July 2014), available at

https://www.ice.gov/doclib/foia/odo-compliance-inspections/2014AdelantoJuly.pdf

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1

39. In 2015, more than two dozen members of Congress wrote a letter to

2 the U.S. Justice Department and ICE officials expressing concerns about reports of
3
medical neglect at the Facility.13 That same year, 26 detainees resorted to a two-week
4
5 hunger strike to protest GEO’s failure to provide adequate care there.14

6

40. The Adelanto Facility was called “the deadliest detention center of 2017”

7
by immigrant rights activists because more detainees died there than in any other
8

9 detention center in the United States that year.15

10

41. A peer-reviewed study released in 2017 found that detainees held six

11
months or more at Adelanto experienced lower likelihoods of receiving any in-person
12

13 visitation with their children, as well as fewer total visits.16

14

42. In 2018, the Department of Homeland Security Office of Inspector

15
General (“OIG”) conducted an unannounced visit of the Adelanto Facility and found
16
17 nooses made of braided bedsheets hanging from vents in 15 of the 20 cells they

18

19

13 Kate Linthicum, “Citing neglect, lawmakers urge halt to migrant detention center expansion,” Los 20 Angeles Times (July 14, 2015), available at http://beta.latimes.com/local/lanow/la-me-ln-adelanto-

21

immigrant-detention-20150713-story.html 14 Kate Linthicum, “Immigrants end hunger strike at Adelanto detention facility,” Los Angeles Times

22 (Nov. 16, 2015), available at http://beta.latimes.com/local/lanow/la-me-ln-adelanto-hunger-strikeends-20151116-story.html
23 15 Detention Watch Network, “Third Death in Immigration Detention Makes the Adelanto

Detention Center the Deadliest Facility in 2017,” (June 2, 2017), available at 24 https://www.detentionwatchnetwork.org/pressroom/releases/2017/third-death-immigration-

25

detention-makes-adelanto-detention-center-deadliest 16 Caitlin Patler and Nicolas Branic, “Patterns of Family Visitation During Immigration Detention,”

26 RSF: The Russell Sage Foundation Journal of the Social Sciences, vol. 3 no. 4 18-36 (July 2017) available at https://www.rsfjournal.org/content/3/4/18.

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1 inspected.17 OIG also reported that detainees were inappropriately segregated from

2 others without a disciplinary hearing and that that detainees did not have access to
3
medical or dental care in a timely fashion, which OIG concluded was responsible for
4

5 three deaths since 2015.

6

43. Despite this track record, GEO maintains a corporate policy and uniform

7
practice of withholding sufficient food, water, and hygiene products from the
8

9 immigrants detained at Adelanto. As a result, detained immigrants are forced to either

10 purchase these daily necessities from the Facility’s commissary or go without.
11
44. By maintaining these harsh conditions and purposely withholding basic
12
13 necessities from detainees, GEO ensures an available labor pool of detained immigrants

14 will work for only $1 per day, thus allowing it to continue operating the Adelanto Facility

15
at an enormous profit.
16

17 D. GEO uses detained immigrants to clean, maintain, and operate the Adelanto Facility.
18

19

45. Through its so-called Voluntary Work Program (the “Work Program”),

20 GEO hires detainees at Adelanto to perform work that directly contributes to

21 institutional operations, at a rate of $1 per day.
22
46. GEO pays detainees participating in the Work Program more than $1 per
23

24 day for their labor at some of the company’s other civil immigration detention centers.

25
26 17 Department of Homeland Security, Office of Inspector General, “Management Alert – Issues Requiring Action at the Adelanto ICE Processing Center in Adelanto, California,” (Sept. 7, 2019) available at https://www.oig.dhs.gov/sites/default/files/assets/Mga/2018/oig-18-86-sep18.pdf

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1

47. Despite its name, the Work Program is not “voluntary.” Instead, GEO

2 maintains a corporate policy and uniform practice at the Adelanto Facility of withholding
3
necessary care from its detained immigrants. As a result, detained immigrants are forced
4

5 to submit to GEO’s $1 per day scheme in order to buy necessities – including food,

6 water, and hygiene products – that GEO refuses to provide for them.
7
48. GEO also operates an “Uncompensated Work Program” at Adelanto.
8
9 Under the Uncompensated Work Program, detained immigrants complete a job

10 application for a position in the Work Program, but must work for an arbitrary period
11
of time – months, in some cases – for no compensation before they are officially hired
12
13 into the Work Program and begin to receive $1 per day for their labor.

14

49. The Uncompensated Work Program is distinct from the Work Program

15
because GEO does not pay detained immigrants in the Uncompensated Work Program
16
17 for their labor.

18

50. In both the Work Program and the Uncompensated Work Program,

19
detained immigrants are required to work according to an assigned work schedule and
20
21 to participate in work-related training. At all times, GEO controls workers’ wages, hours,

22 and working conditions.

23

51. In both the Work Program and the Uncompensated Work Program, GEO

24

provides all necessary personal protection equipment and work uniforms. For example,
25

26 kitchen workers are provided with and required to wear a white top/bottom uniform

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1 with a white apron, rubberized work boots, beard guards and hairnets, and freezer

2 jackets and gloves as needed.
3
52. In both the Work Program and the Uncompensated Work Program, GEO
4

5 tracks the hours detained immigrants work.

6

53. In the Work Program only, GEO periodically credits wages to detainee

7
workers’ commissary accounts.
8

9

54. GEO refers to detainee workers participating in both the Work Program

10 and the Uncompensated Work Program as “employees.”
11
55. Detainee workers participating in both the Work Program and the
12
13 Uncompensated Work Program are “employees” under California’s minimum wage

14 laws.

15
56.
16

17

57.

GEO is an “employer” under California’s minimum wage laws. GEO informs all detained immigrants entering the Adelanto Facility that

18 the following work assignments may be available through the Work Program and the

19
Uncompensated Work Program:

20

21

a. Intake

22

b. Kitchen Worker

23

c. Recreation

24

d. Library
25

26

e. Barber

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1

f. Laundry

2

g. Living area clean-up/janitorial

3

h. Evening workers (facility janitorial)
4

5

i. Maintenance

6

58. In the course of their labor and employment by GEO, detained immigrants

7
employed in the Work Program and the Uncompensated Work Program perform a wide
8

9 range of work, including but not limited to:

10

a. Scrubbing bathrooms, showers, toilets, and windows;

11
b. Cleaning and maintaining GEO’s on-site medical facility;
12

13

c. Cleaning patient rooms and medical staff offices;

14

d. Sweeping, mopping, stripping, and waxing floors throughout the

15

facility;

16

e. Washing detainee laundry;

17
f. Preparing, cooking, and serving detainee meals;

18

19

g. Washing dishes;

20

h. Cleaning the kitchen and cafeteria before and after detainee meals;

21

i. Performing clerical work for GEO;

22

j. Running and managing the law library;
23

24

k. Providing barber services to detainees;

25

l. Cleaning intake areas and solitary confinement units; and

26
m. Cleaning and maintaining recreational areas.

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1

59. The Work Program and the Uncompensated Work Program allow GEO

2 to avoid recruiting from the traditional labor market, complying with the terms of its
3
union contracts, and paying all costs associated with potential, current, and former
4

5 employment relationships, thereby reducing operational costs and increasing its own

6 profits.
7
60. GEO maintains the ability to hire and fire detained immigrant workers in
8
9 both the Work Program and the Uncompensated Work Program.

10

61. GEO does not pay and has not paid detained immigrant workers the state

11
minimum wage – currently, $12 per hour – for the hours they worked at Adelanto.
12

13

62. GEO’s contract with ICE requires GEO to comply with all federal, state,

14 and local laws.
15
63. No clause in GEO’s contract with ICE or any rule or standard
16
17 incorporated by reference into the contract requires GEO to maximize its profits by

18 paying detainees subminimum wages or nothing at all.

19
64. GEO maintains a corporate policy and uniform practice at Adelanto of
20
21 threatening to place detainees who refuse to work into solitary confinement. These

22 conditions, policies, and practices ensure that detainees continue working for

23 subminimum wages.
24
65. GEO’s pay policies violate California’s minimum wage laws.
25

26

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1 E. GEO secures free detainee labor at nearly all of its civil immigration detention centers nationwide through systematic threats of serious harm.
2

3

66. GEO owns or operates at least fourteen civil immigration detention

4 centers nationwide, including Adelanto, under contracts with ICE.
5
67. At each facility, GEO is contractually required to comply with some
6
7 version of ICE’s 2011 PBNDS.

8

68. GEO’s contracts with ICE to operate civil immigration detention facilities,

9
including Adelanto, incorporate the PBNDS.
10

11

69. All applicable versions of the PBNDS require any labor performed by a

12 detained immigrant to be voluntary: “Work assignments are voluntary; however all

13
detainees are responsible for personal housekeeping.” PBNDS § 5.8.V.C.
14

15

70. The Personal Housekeeping Requirement, PBNDS § 5.8.V.C, provides:18

16

17

18

19

20

21

22

23

24

25

26 18 Available at https://www.ice.gov/doclib/detention-standards/2011/5-8.pdf (last visited Aug. 14, 2019).

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1

71. Outside of the four personal housekeeping tasks enumerated in PBNDS

2 § 5.8.V.C, GEO cannot force or compel civil immigration detainees to work.
3
72. However, in violation of the PBNDS, its contracts with ICE, and the
4

5 California and federal forced labor statutes, GEO promulgates and enforces corporate

6 policies known as Housing Unit Sanitation Policies (“HUSPs”) at nearly all of its civil

7
immigration detention facilities, including Adelanto.
8

9

73. GEO’s HUSPs require detained immigrants to perform a wide range of

10 completely uncompensated work for the company’s enrichment.
11
74. Under the HUSPs, detained immigrants are forced to perform
12
13 uncompensated labor, such as cleaning and maintaining areas of its facilities that are

14 outside the scope of the Personal Housekeeping Requirement, PBNDS § 5.8.V.C. For
15
instance, the HUSPs require detained immigrants to clean and sanitize walls, bathrooms,
16
17 showers, toilets, microwaves, furniture, windows and floors—work well outside the four

18 personal housekeeping tasks enumerated in PBNDS § 5.8.V.C.

19
75. Detained immigrants do not perform labor under the HUSPs as part of the
20
21 ICE-sanctioned Work Program.

22

76. Detained immigrants are not paid to perform labor under the HUSPs.

23

77. The work required by the HUSPs is outside the scope of the four specified

24

personal housekeeping tasks articulated by ICE in PBNDS § 5.8.V.C.
25

26

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1

78. At Adelanto and nationwide, GEO obtains compliance with its HUSPs by

2 detained immigrants with serious harm, including actual or threated physical restraint,
3
physical assault such as pepper spray or use of force, deprivation of legally required
4

5 services such as recreation, law library, and telephone time; solitary confinement, and

6 abuse of legal process, including reporting misbehavior to ICE or to the immigration

7
court, and even criminal prosecution.
8

9

79. The Detainee Handbooks provided to each detained immigrant during

10 intake at GEO’s facilities across the country classifies “[r]efusal to clean assigned living
11
area” as a 300-level “High Moderate” offense punishable by, inter alia, up to 72 hours in
12
13 disciplinary restriction (also known as solitary confinement) or even criminal

14 prosecution.
15
80. The Detainee Handbooks also threaten solitary confinement for
16
17 disobeying guards and refusing to comply with corporate facility policies.

18

81. Detained immigrants thus have no meaningful choice but to comply with

19
a demand from a GEO official to perform free labor.

20

21

82. The HUSPs are GEO-created corporate policies.

22

83. Detained immigrants at nearly all GEO immigration detention centers are

23 notified when they enter the facility of GEO’s requirement that they must perform
24
uncompensated, non-personal cleaning and maintenance work, and that the
25

26 consequence of refusal can be disciplinary action, including solitary confinement.

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1

84. In addition to the text of the HUSPs themselves, GEO employs a false

2 binary of so-called “Rights and Responsibilities” in its corporate, facility-specific
3
Detainee Handbooks in which GEO informs detained immigrants in English and
4

5 Spanish (but no other languages) that they have a “right” to participate in a work

6 program as far as resources are available, but also a corresponding “responsibility” to
7
take advantage of activities which may help them live a successful and law-abiding life
8
9 within the facility and in the community” and to abide by the regulations governing these

10 programs.
11
85. Taken together with the HUSPs, GEO’s facility-specific local Detainee
12
13 Handbooks are intended to leave detained immigrants with the false impression that the

14 company can compel them to perform work outside the four personal housekeeping

15
tasks set forth in Section 5.8.V.C of the PBNDS.
16

17

86. No clause in GEO’s contracts with ICE or any rule or standard

18 incorporated by reference therein permits GEO to compel or force detainees to work

19
for free at Adelanto or any other GEO civil immigration detention facility.

20

21

87. GEO’s contracts with ICE incorporating the PBNDS expressly prohibit

22 the company from forcing, coercing, or mandating detainees to complete work

23 assignments that fall outside the scope of the personal housekeeping requirement,
24
PBNDS § 5.8.V.C.
25

26

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1

88. As a federal contractor, GEO is also prohibited by Executive Order, the

2 Federal Acquisition Regulations, and Homeland Security Acquisition Regulations from
3
using forced labor in the performance of its contracts with ICE.
4

5

89. GEO must promptly report allegations of forced labor made against the

6 corporation to the federal government, regardless of whether it contests those

7
allegations.
8

9

90. On information and belief, GEO has not complied with the requirement

10 that it promptly report allegations of forced labor made by Plaintiffs in this action to the

11
federal government.
12

13

91. By carrying out a scheme requiring detained immigrants to perform

14 uncompensated janitorial and maintenance work pursuant to corporate HUSPs and
15
under threat of serious harm, GEO violates the federal forced labor statute. 18 U.S.C.
16
17 § 1589.

18 F. Plaintiff Raul Novoa’s individual allegations.

19
92. Mr. Novoa is citizen of Mexico and a legal permanent resident of the
20
21 United States. He has lived in Los Angeles since age four.

22

93. Mr. Novoa is employed by a commercial construction company to

23 complete roofing, tiling, drywalling, and framing projects. He currently earns more than
24
$15 per hour.
25

26

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1

94. Mr. Novoa was detained at the Adelanto Facility from June 2012 through

2 February 2015.
3
95. Mr. Novoa performed work for GEO at the Adelanto Facility and was not
4

5 paid the state minimum wage for that work.

6

96. As a janitor, Mr. Novoa worked in a five-person crew to clean windows,

7
floors, showers, bathrooms, and communal areas in the Facility. He worked four-hour
8

9 shifts, up to seven days per week. He used cleaning supplies and equipment provided by

10 GEO.
11
97. As a barber, Mr. Novoa provided haircutting services to other detained
12
13 immigrants. He worked up to 10 hours per day, seven days per week. He used barber

14 supplies and equipment provided by GEO.
15
98. In return for this labor, GEO paid Mr. Novoa $1 per day, regardless of the
16
17 number of hours he worked. GEO credited these wages to Mr. Novoa’s commissary

18 account.

19
99. GEO withheld daily necessities from Mr. Novoa, thereby forcing him to
20
21 work for subminimum wages in order to buy those daily necessities for himself and avoid

22 serious harm, including, but not limited to, malnutrition, unsanitary living quarters,

23 extreme isolation, and unhygienic conditions of confinement.
24

25

26

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1

100. During his detention, Mr. Novoa was often undernourished and

2 dehydrated because GEO withheld sufficient food and water. He was also served rotten
3
meat, moldy bread, and inedible produce.
4

5

101. The drinking water provided by GEO ran black for days at a time and

6 caused nausea or headaches if ingested.
7
102. Mr. Novoa lost approximately 30 pounds in detention at the Adelanto
8
9 Facility.

10

103. In order to survive, Mr. Novoa purchased food and water from the

11
commissary using his wages from the Work Program.
12

13

104. GEO did not provide Mr. Novoa with sufficient quantities of shampoo,

14 lotion, or soap. As a result, Mr. Novoa was often forced to purchase those necessities

15
from the commissary using his wages from the Work Program.
16

17

105. On several occasions, Mr. Novoa developed a blistering sunburn on his

18 face. GEO did not provide him with sunscreen, even after he requested it from medical

19
personnel. Instead, Mr. Novoa was forced to purchase sunscreen from the commissary
20
21 using his wages form the Work Program.

22

106. The shoes issued to Mr. Novoa when he arrived at the Adelanto Facility

23 fell apart within his first week in detention. GEO did not replace them. Instead, Mr.
24
Novoa was forced to purchase another pair of shoes from the commissary using his
25

26 wages from the Work Program.

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1

107. Mr. Novoa spent his wages on soap, shampoo, lotion, sunscreen, food,

2 clean drinking water, shoes, and other necessities. These items were not provided to Mr.
3
Novoa regularly or in sufficient quantities. Some of these necessities, like sunscreen,
4

5 were not provided to Mr. Novoa at all.

6

108. Officers threatened to put Mr. Novoa in disciplinary segregation, i.e.,

7
solitary confinement, if he stopped working, encouraged other detainees to stop working
8

9 or complained about subminimum wages.

10

109. On several occasions, officers threatened to or actually forced Mr. Novoa

11
to move to a different dorm – isolated from his peers and friends – after he complained
12

13 about the Work Program, subminimum wages and/or the deprivation of necessities at

14 the Adelanto Facility. During these transfers, officers would “toss” Mr. Novoa’s dorm
15
by throwing his belongings and papers in disarray. As a result of these actions, Mr.
16
17 Novoa felt harassed, intimidated, threatened, and embarrassed.

18

110. Officers threatened to segregate detainees who complained about the

19
Work Program, working conditions, and/or subminimum wages.

20

21

111. From his review of the Detainee Handbook and experience as a detained

22 immigrant at Adelanto, Mr. Novoa understood that detainees who disobeyed GEO

23 officials or refused to clean could be subject to disciplinary action, including solitary
24
confinement.
25

26

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1

112. If given a meaningful choice, Mr. Novoa would not have worked for $1

2 per day.
3
113. GEO falsely led Mr. Novoa to believe the corporation could not pay him
4

5 more than $1 per day, despite the fact that it does so as a matter of course at several of

6 its other immigration detention facilities.
7
114. Mr. Novoa provided GEO with his labor because GEO’s threats of serious
8
9 harm and/or abuse of the legal process if he refused to work.

10

115. GEO retained the value of Mr. Novoa’s labor by realizing this value as

11
corporate profits, rather than using it to provide for safer, more humane living
12

13 conditions for detainees at the Adelanto Facility.

14 G. Plaintiff Jaime Campos Fuentes’ individual allegations.
15
116. Mr. Campos Fuentes is citizen of El Salvador and is seeking asylum in the
16
17 United States.

18

117. Mr. Campos Fuentes was detained at the Adelanto Facility from

19
December 2016 through January 2018.

20

21

118. Mr. Campos Fuentes has performed work for GEO at the Adelanto

22 Facility and was not paid the state minimum wage for the work he has performed.

23

119. As a janitor, Mr. Campos Fuentes worked in a five-person crew to clean

24

windows, floors, showers, bathrooms, and communal areas in the Facility. He worked
25

26

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1 three-hour shifts, up to seven days per week. He sometimes worked multiple shifts in a

2 single day. He used cleaning supplies and equipment provided by GEO.
3
120. As a laundry worker, Mr. Campos Fuentes worked to sort, wash, dry, and
4

5 fold clothing and bedding used by detainees and in Facility operations. He worked three-

6 hour shifts, up to five days per week. He used supplies and equipment provided by

7
GEO.
8

9

121. In return for this labor, GEO paid Mr. Campos Fuentes $1 per day,

10 regardless of the number of hours he worked. GEO credited these wages to Mr. Campos

11
Fuentes’s commissary account.
12

13

122. Sometimes, Mr. Campos Fuentes was not paid for his labor. Instead, he

14 was given extra portions of food or nothing at all.
15
123. GEO officials routinely required detainees to clean the common spaces
16
17 and bathrooms of the housing units for no compensation. For example, GEO officials

18 required Mr. Campos Fuentes to clean bathrooms, showers, floors, sinks, microwaves,

19
and furniture in his housing unit for free.

20

21

124. Mr. Campos Fuentes observed GEO officials threaten to lock detainees in

22 their cells, suspend their attorney and personal visits, and prohibit them from interacting

23 with other detained immigrants if they refused to clean areas of the Adelanto Facility for
24
free.
25

26

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1

125. From his review of the Detainee Handbook and experience as a detained

2 immigrant at Adelanto, Mr. Campos Fuentes understood that detainees who disobeyed
3
GEO officials or refused to clean were subject to disciplinary action, including solitary
4

5 confinement.

6

126. Mr. Campos Fuentes spent his wages on food, medicine, clothing, soap,

7
and shampoo from the Adelanto commissary, among other necessities.
8

9

127. GEO withheld daily necessities from Mr. Campos Fuentes, thereby forcing

10 him to work for subminimum wages in order to buy those daily necessities for himself
11
and avoid serious harm, including, but not limited to, malnutrition, unsanitary living
12
13 quarters, extreme isolation, and unhygienic conditions of confinement.

14

128. During his detention, Mr. Campos Fuentes was often undernourished and

15
dehydrated because GEO withheld sufficient food and water. He was also served rotten
16
17 meat, moldy bread, and inedible produce.

18

129. In order to survive, Mr. Campos Fuentes purchased food and drink from

19
the commissary using his wages from the Work Program.

20

21

130. GEO did not provide Mr. Campos Fuentes with sufficient quantities of

22 shampoo, lotion, or soap. As a result, Mr. Campos Fuentes was often forced to purchase

23 those necessities from the commissary using his wages from the Work Program.
24
131. If given a meaningful choice, Mr. Campos Fuentes would not have worked
25

26 for $1 per day or for free.

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1

132. GEO falsely led Mr. Campos Fuentes to believe the corporation could not

2 pay him more than $1 per day, despite the fact that it does so as a matter of course at
3
several of its other immigration detention facilities.
4

5

133. Mr. Campos provided GEO with his labor because GEO threatened him

6 with serious harm and/or abuse of the legal process if he refused to work.
7
134. GEO retained the value of Mr. Campos Fuentes’s labor by realizing this
8
9 value as corporate profits, rather than using it to provide for safer, more humane living

10 conditions for detainees at the Adelanto Facility.

11
H. Plaintiff Abdiaziz Karim’s individual allegations.
12

13

135. Mr. Karim is citizen of Somalia and is seeking asylum in the United States.

14

136. Mr. Karim was detained at the Adelanto Facility from approximately

15
August 2017 until August 25, 2019.
16

17

137. Mr. Karim performed work for GEO at the Adelanto Facility and was

18 never paid the state minimum wage for the work he performed.

19
138. As a porter, Mr. Karim worked in a five to seven-person crew to clean
20
21 windows, floors, showers, and communal areas in the Adelanto Facility. He worked up

22 to seven days per week. He used cleaning supplies and equipment provided by GEO,

23 and was supervised by GEO employees.
24
139. Mr. Karim was paid $1 per day for his labor as a porter. However, he was
25

26 not paid at all during his first three months on the job.

28
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1

140. During that period, GEO officials required him to work for free before he

2 would be hired into the Work Program.
3
141. Similarly, Mr. Karim was not paid for his labor as a porter from
4

5 approximately mid-May through July of 2018.

6

142. During those months, GEO officials again required him to work without

7
compensation.
8

9

143. Mr. Karim also worked in the kitchen at the Adelanto Facility. As a food

10 service worker, he prepared food, served meals, cleaned the kitchen and dining halls,
11
and washed dishes. He worked from approximately 2:00 a.m. until 8:00 a.m., up to seven
12
13 days per week, for about one month. He used supplies and equipment provided by

14 GEO, and was supervised by GEO employees.
15
144. Mr. Karim was only paid approximately $1 total – not daily – for his labor
16
17 in the kitchen. He was told by GEO officials that he had to work for free before he

18 would be paid through the Work Program.

19
145. On multiple occasions, GEO officials ordered Mr. Karim and other
20
21 detained immigrants to clean various areas of the Adelanto Facility, including hallways,

22 the visitation area, the kitchen, and the yard, for no compensation.

23

146. For example, GEO officials routinely required detained immigrants to

24

clean the common spaces and showers of Mr. Karim’s housing unit for no
25

26 compensation. If detainees refused to clean for free, GEO officials would prohibit all

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1 detained immigrants in the housing area from using the telephones or the showers, and

2 evacuate the day room. When this happened, detained immigrants had to remain in their
3
cells or bunks until a detained immigrant “volunteered” to complete the sanitation and
4

5 cleaning tasks that GEO required.

6

147. GEO officials have threatened to take disciplinary action against Mr.

7
Karim for refusing to clean areas of the Adelanto Facility for free. For example, in
8

9 approximately August 2018, a GEO officer threatened to send Mr. Karim to solitary

10 confinement for refusing to clean for no compensation. The same GEO officer “tossed”
11
Mr. Karim’s cell by throwing his belongings and papers in disarray, in full view of other
12
13 detained immigrants. GEO was able to compel Mr. Karim to work for free because of

14 this threatened and actual serious harm.
15
148. On another occasion, a GEO official threatened to “write up” Mr. Karim
16
17 unless he cleaned certain walls and light fixtures in the Adelanto Facility for free. GEO

18 officials told Mr. Karim that “write ups” will negatively impact his asylum case. GEO

19
was able to compel Mr. Karim to work for free because of this threat of serious harm.

20

21

149. GEO knowingly obtained Mr. Karim’s labor by causing him to believe that

22 he would suffer serious physical or legal harm – including solitary confinement, transfer

23 to a different housing unit, and harm to his legal case – if he refused to work.
24
150. Mr. Karim participated in the Work Program in order to buy daily
25

26 necessities that GEO failed to provide for him. Mr. Karim spent his wages on food,

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1 vitamins, and deodorant from the Adelanto Facility commissary, among other

2 necessities.
3
151. GEO withheld daily necessities from Mr. Karim, thereby forcing him to
4

5 work for subminimum wages in order to buy those necessities for himself and avoid

6 serious harm, including, but not limited to, malnutrition, unsanitary living quarters,

7
extreme isolation, and unhygienic conditions of confinement.
8

9

152. Mr. Karim was often undernourished and dehydrated because GEO

10 withheld sufficient food and water. He was served dirty drinking water, rotten fruit, and
11
undercooked chicken. Mr. Karim was rarely served fresh produce. As a result, he lost
12
13 muscle mass and hair, and often felt dizzy and weak.

14

153. Mr. Karim feared that if he stopped participating in the Work Program, he

15
would not have access to sufficient daily necessities or nutrition.
16

17

154. If given a meaningful choice, Mr. Karim would not work for $1 per day.

18

155. Mr. Karim provided GEO with his labor because GEO officials threatened

19
him with serious harm and/or abuse of the legal process if he refused to work.

20

21

156. GEO retained the value of Mr. Karim’s labor by realizing this value as

22 corporate profits, rather than using it to provide for safer, more humane living

23 conditions for detainees at the Adelanto Facility.
24
I. Plaintiff Ramon Mancia’s individual allegations.
25

26

157. Mr. Mancia is a resident of Los Angeles and a citizen of El Salvador.

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1

158. Mr. Mancia entered the Adelanto Facility as a civil immigration detainee in

2 or around April 2019 and is currently detained there.
3
159. Mr. Mancia has performed work for GEO at the Adelanto Facility and has
4

5 never been paid the state minimum wage for the work he has performed.

6

160. As a food service worker, Mr. Mancia works with a crew of approximately

7
a dozen other detained immigrants to prepare food, serve meals, and clean the kitchen
8

9 and dining halls. He works from approximately 9:00 a.m. until 3:00 p.m., up to seven

10 days per week. He uses cleaning supplies and equipment provided by GEO, and is

11
supervised by GEO employees.
12

13

161. Mr. Mancia is currently paid $1 per day for his labor in the kitchen.

14

162. Mr. Mancia also works as a porter, but he is not paid for that work. Every

15
day, Mr. Mancia collects trash and empty water jugs from each housing unit, and then
16
17 refills and returns the water jugs. He works with a crew of two or three other detainees

18 for approximately two hours per day, up to seven days per week. Mr. Mancia uses

19
supplies and equipment provided by GEO, and is supervised by GEO officials.

20

21

163. Mr. Mancia has never been compensated for his labor as a porter. Instead,

22 GEO officials occasionally give him extra food or milk, in violation ICE’s PBNDS and

23 GEO’s contracts with ICE. Sometimes, Mr. Mancia receives nothing at all for his work.
24
164. Mr. Mancia has performed other uncompensated janitorial and
25

26 maintenance work for GEO.

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1

165. For example, GEO officials have ordered Mr. Mancia to paint a dining hall,

2 clean the medical unit, and clean the recreation yard. He has never been paid for that
3
work. Instead, GEO officials occasionally give Mr. Mancia extra food, batteries, or
4

5 clothing for his labor. Other times, he receives nothing at all.

6

166. The uncompensated labor GEO ordered Mr. Mancia to perform often

7
corresponded with impending site visits and inspections by auditors at Adelanto. To
8

9 leave independent inspectors with a false impression of the state of the Facility and to

10 head off any complaints about maintenance, sanitation, and upkeep that could result in
11
adverse audit results, GEO routinely forced Mr. Mancia and other detained immigrants
12
13 at Adelanto to perform uncompensated labor in advance of inspections.

14

167. Mr. Mancia participates in the Work Program in order to buy daily

15
necessities that GEO fails to provide for him, including food and personal hygiene items.
16

17

168. GEO withholds daily necessities from Mr. Mancia, thereby forcing him to

18 work for subminimum wages in order to buy those necessities for himself and avoid

19
serious harm, including, but not limited to malnutrition, unsanitary living quarters,
20
21 extreme isolation, and unhygienic conditions of confinement.

22

169. GEO has knowingly obtained Mr. Mancia’s labor by causing him to believe

23 that he would suffer serious physical or legal harm, including solitary confinement,
24
transfer to a different housing unit, and harm to his legal case, if he refuses to work.
25

26

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1

170. From his review of the Detainee Handbook and experience as a detained

2 immigrant at Adelanto, Mr. Mancia understands that detainees who disobey GEO
3
officials or refuse to clean can be subject to disciplinary action, including solitary
4

5 confinement, reporting to ICE, or criminal prosecution.

6

171. If given a meaningful choice, Mr. Mancia would not work for $1 per day

7
or no money at all, as GEO has required him to do.
8

9

172. GEO retained the value of Mr. Mancia’s labor by realizing this value as

10 corporate profits, rather than using it to provide for safer, more humane living

11
conditions for detainees at Adelanto.
12

13

CLASS ACTION ALLEGATIONS

14

173. Plaintiffs bring this lawsuit as a class action on behalf of themselves and all

15
others similarly situated under Federal Rules of Civil Procedure 23(a), 23(b)(2) and
16
17 23(b)(3). This action satisfies the numerosity, commonality, typicality, adequacy,

18 predominance, and superiority requirements of those provisions.

19
A.
20
21

Class Definitions 174. The California Wage Class. For Plaintiffs’ claims arising under the

22 California Labor Code and IWC Wage Order No. 5, the California Unfair Competition

23 Law, and the common law of unjust enrichment, Plaintiffs seek to certify the following
24
class: All civilly detained immigrants who (i) were detained at the Adelanto ICE
25

26 Processing Center any time between December 19, 2014 and the date of final judgment

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1 in this matter, and either (ii) participated in the Voluntary Work Program at any point

2 during their detention, or (iii) performed work for no compensation in the
3
Uncompensated Work Program pending their participation in the Voluntary Work
4

5 Program, or (iv) performed work for no compensation pursuant to the Adelanto

6 Housing Unit Sanitation Policy (the “California Wage Class”).
7
175. The California Forced Labor Class. For Plaintiffs’ claim for forced labor
8
9 arising under the California Trafficking Victims Protection Act, Plaintiffs seek to certify

10 the following class: All civil immigration detainees who (i) were detained at the Adelanto
11
ICE Processing Center any time between May 1, 2011 and the date of final judgment in
12
13 this matter, and (ii) performed janitorial, maintenance, or other work at the Adelanto

14 ICE Processing Center above and beyond the four personal housekeeping tasks

15
enumerated in ICE PBNDS § 5.8.V.C (the “California Forced Labor Class”).
16

17

176. The Nationwide HUSP Class. For Plaintiffs’ claim for forced labor

18 arising under the federal Trafficking Victims Protection Act, Plaintiffs seek to certify the

19
following class: All civilly detained immigrants who (i) were detained at any civil
20
21 immigration detention center owned or operated by GEO in the United States between

22 December 19, 2007 and the date of final judgment in this matter, and (ii) performed

23 janitorial, maintenance, or other work anywhere in any GEO civil immigration detention
24
facility above and beyond the four personal housekeeping tasks enumerated in ICE
25

26 PBNDS § 5.8.V.C (the “Nationwide HUSP Class”).

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1

177. Excluded from the definition of the Nationwide HUSP Class are the

2 following: (1) individuals detained in GEO’s family residential detention facility in
3
Karnes City, Texas; (2) individuals detained in the Alexandria Staging Facility in
4

5 Alexandria, Louisiana; (3) any individual detained in the custody of the U.S. Marshalls

6 or any other law enforcement agency at a GEO facility where the company also detains
7
civil immigration detainees pursuant to contracts with ICE; and (4) civilly detained
8
9 immigrants detainees held at the Aurora ICE Processing Center in Aurora, Colorado at

10 any time before October 22, 2014.
11
178. The Adelanto Forced Labor Class. For Plaintiffs’ claim for attempted
12
13 forced labor arising under the federal Trafficking Victims Protection Act, Plaintiffs seek

14 to certify the following class: All civilly detained immigrants who (i) were detained at the
15
Adelanto ICE Processing Center any time between May 1, 2011 and the date of final
16
17 judgment in this matter, and (ii) participated in the Work Program or Uncompensated

18 Work Program at any point during their detention. (The “Adelanto Forced Labor

19
Class”).

20

21

179. Excluded from each class definition are the defendants, their officers,

22 directors, management, subsidiaries, and affiliates, and all federal governmental entities.

23 Plaintiffs reserve the right to revise the class definitions based upon information learned
24
through discovery.
25

26

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1 B. Class Certification Requirements under Rule 23

2

180. Numerosity: Rule 23(a)(1). Each class is so numerous that joinder of all

3

members is impracticable. Plaintiffs do not know the exact size of the classes, since that
4

5 information is within the control of GEO. However, Adelanto can house up to 1,940

6 individuals, with a guaranteed minimum of 1,455 filled beds daily. Further, “the total
7
number of participants in the Work Program at the Adelanto Facility since December
8
9 19, 2007 exceeds 1,000.” ECF 45 at 6. With respect to the Nationwide HUSP Class,

10 GEO’s facilities house more than 10,000 civilly detained immigrants each night, all of
11
whom are subject to the uncompensated labor requirements and corresponding threats
12
13 of GEO’s HUSPs and facility discipline policies. Accordingly, Plaintiffs allege that the

14 number of class members for each class is numbered in the thousands. Membership in

15
each class is readily ascertainable from GEO’s detention and employment records.
16

17

181. Commonality and Predominance: Rules 23(a)(2) and 23(b)(3). There

18 are numerous questions of law or fact common to each class, and those issues

19
predominate over any question affecting only individual class members.

20

21

182. With respect to the California Wage Class, the common legal and factual

22 issues include the following:

23

a. Whether GEO is an “employer” and the detained immigrant workers

24

are “employees” under the California Minimum Wage Law (“MWL”);

25

b. Whether Plaintiffs and California Wage Class Members are entitled to

26

the protections of the California Minimum Wage Order;

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1

c. Whether Plaintiffs and California Wage Class Members performed

compensable work;
2

3

d. Whether Plaintiffs and California Wage Class Members were paid $1

per day for their labor;
4

5

e. Whether GEO was unjustly enriched by paying subminimum wages to

its detained immigrant workers;
6

7

f. Whether GEO engaged in conduct that violated California law –

including the California Minimum Wage Order, and the California

8

Unfair Competition Law;

9

g. Whether Plaintiffs and California Wage Class Members are entitled to

10

equitable relief, including injunctive and declaratory relief; and

11

h. Whether Plaintiffs and California Wage Class Members are entitled to

12

damages and other monetary relief and, if so, in what amount.

13
183. With respect to the California Forced Labor Class, common legal and
14

15 factual issues include the following:

16

a. Whether GEO unlawfully forces, coerces, or otherwise compels civil

17

immigration detainees at Adelanto to work for no compensation;

18

b. Whether GEO obtains detained immigrant labor through threats of

19

serious harm or abuse of legal process;

20

c. Whether GEO’s HUSPs require detained immigrants to perform

21

janitorial, maintenance, or other work above and beyond the four

personal housekeeping tasks enumerated in the ICE PBNDS;

22

23

d. Whether GEO’s conduct violates the California Trafficking Victims

Protection Act;

24

25

e. Whether Plaintiffs and California Forced Labor Class Members are

entitled to equitable relief, including injunctive and declaratory relief;

26

and

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1

f. Whether Plaintiffs and California Forced Labor Class Members are

entitled to damages and other monetary relief and, if so, in what

2

amount.

3

184. With respect to the Nationwide HUSP Class, common legal and factual
4

5 issues include the following:

6

a. Whether GEO forces, coerces, or otherwise compels civil immigration

7

detainees at its civil immigration detention centers nationwide to work

for no compensation;
8

9

b. Whether GEO threatens detained immigrants with serious harm or

abuse of legal process for refusing or failing to perform uncompensated

10

work;

11

c. Whether GEO maintains HUSPs at its civil immigration detention

12

centers nationwide;

13
d. Whether GEO’s HUSPs require detained immigrants to perform

14

janitorial, maintenance, or other work above and beyond the four

15

personal housekeeping tasks enumerated in the ICE PBNDS;

16

e. Whether GEO’s conduct violates the federal Trafficking Victims

17

Protection Act;

18

f. Whether Plaintiffs and Nationwide HUSP Class Members are entitled

19

to equitable relief, including injunctive and declaratory relief; and

20

g. Whether Plaintiffs and Nationwide HUSP Class Members are entitled

21

to damages and other monetary relief and, if so, in what amount.

22

185. With respect to the Adelanto Forced Labor Class, common legal and

23 factual issues include the following:

24

a. Whether GEO withholds basic living necessities from immigrants

25

detained at Adelanto;

26

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1

b. Whether GEO attempts to compel detainees to work, either through

the Work Program or otherwise, through threats of serious harm;
2

3

c. Whether a reasonable person would provide labor to GEO under the

circumstances present here;

4

5

d. Whether GEO’s conduct violates the federal Trafficking Victims

Protection Act; and

6

7

e. Whether Plaintiffs and Adelanto Forced Labor Class Members are

entitled to equitable relief, including injunctive and declaratory relief.

8
186. Typicality: Rule 23(a)(3). The claims asserted by Plaintiffs are typical of
9

10 the claims of the Classes, in that the representative plaintiffs, like all class members, were

11 paid subminimum wages – or nothing at all – while employed by GEO at the Adelanto
12
Facility. Each Plaintiff, like each class member, was subject to similar GEO policies and
13
14 practices, including the HUSP and the Work Program, and each faced the threat of

15 serious harm for refusing to work. Each member of each proposed class has been

16
similarly injured by GEO’s misconduct.

17

18

187. Adequacy: Rule 23(a)(4). Plaintiffs will fairly and adequately protect the

19 interests of the classes. Plaintiffs have retained attorneys experienced in class and

20 complex litigation, including wage and hour class action litigation. Plaintiffs intend to
21
vigorously prosecute this litigation. Neither Plaintiffs nor their counsel have interests
22

23 that conflict with the interests of the other class members.

24

188. Superiority: Rules 23(b)(3). Plaintiffs and the Class Members have all

25
suffered and will continue to suffer harm and damages as a result of GEO’s wrongful
26

conduct. A class action is superior to other available methods for the fair and efficient

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1 adjudication of the controversy. Treatment as a class action will permit a large number

2 of similarly situated persons to adjudicate their common claims in a single forum
3
simultaneously, efficiently, and without the duplication of effort and expense that
4

5 numerous individual actions would engender. Class treatment will also permit the

6 adjudication of claims by many members of the proposed classes who could not
7
individually afford to litigate a claim such as is asserted in this complaint. This class
8
9 action likely presents no difficulties in management that would preclude maintenance as

10 a class action.
11
189. Rule 23(b)(2). This action concerns GEO policies and practices that place
12
13 every detainee at the Adelanto and GEO’s other civil immigration detention facilities in

14 peril of wage theft, forced labor, attempted forced labor, and serious harm. All members
15
of the California Forced Labor Class, Nationwide HUSP Class, and Adelanto Forced
16
17 Labor Class seek the same injunctive relief. Accordingly, final injunctive relief or

18 corresponding declaratory relief is appropriate respecting the class as a whole.

19
CAUSES OF ACTION

20

21

COUNT I CALIFORNIA MINIMUM WAGE LAW

22

Cal. Labor Code §§ 1194, 1197, 1197.1

23

190. Plaintiffs reallege and incorporate by reference herein all allegations above.

24

25

26

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1

191. The California Legislature set the following minimum wages for 2011-

2 2019:19
3
January 1, 2019
4

$12.00 for employers with 26 employees or more

5

January 1, 2017

$10.50 for employers with 26 employees or more

6

January 1, 2014

$9.00

7

January 1, 2008

$8.00

8

9

10

192. The minimum wage is an obligation of the employer and cannot be waived

11
by any agreement.
12

13

193. Detained immigrants at the Adelanto Facility do not forfeit their rights to

14 wage protections.
15
194. Employees protected by California’s minimum wage laws must be paid at
16
17 least the set hourly minimum wage.

18

195. Detained immigrants at the Adelanto Facility who participate in the Work

19
Program qualify as employees of GEO under California law.
20

21

196. GEO qualifies as an employer under California law, including Industrial

22 Wage Commission (“IWC”) Order 5.
23

24

25

26 19 See http://www.dir.ca.gov/iwc/MinimumWageHistory.htm/; https://www.dir.ca.gov/dlse/faq_minimumwage.htm

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1

197. Labor in the immigration detention context is not intended as a punitive

2 measure.
3
198. GEO does not compensate detained immigrants the state minimum wage
4

5 for the work they performed at the Adelanto Facility. Instead, GEO pays detainees $1

6 per day – or nothing at all -- for work they perform at the Facility. Sometimes, GEO

7
pays detainees with extra food, batteries, socks, or boxers.
8

9

199. Plaintiffs and California Wage Class Members have suffered damages in an

10 amount to be determined at trial.
11
200. Plaintiffs and California Wage Class Members are entitled to recover
12
13 unpaid minimum wages and other monetary damages, including exemplary damages.

14 C.R.S. § 13- 21-102.
15
201. Plaintiffs and California Wage Class Members are entitled to recover their
16
17 reasonable attorney’s fees and costs.

18

202. Plaintiffs and California Wage Class Members are entitled to equitable

19
relief, including injunctive and declaratory relief.

20

21

COUNT II UNJUST ENRICHMENT

22

California Common Law

23

203. Plaintiffs reallege and incorporate by reference herein all allegations above.

24

25

26

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1

204. GEO materially and significantly reduced its labor costs and expenses, and

2 increased its profits, because Plaintiffs and California Wage Class Members perform
3
undercompensated labor.
4

5

205. Plaintiffs and California Wage Class Members conferred non-gratuitous

6 benefits upon GEO by performing work for $1 per day, for which GEO would
7
otherwise have had to pay at least the applicable minimum wage or more, thereby
8
9 significantly and materially increasing GEO’s profits, unjustly enriching GEO at the

10 expense of and detriment to Plaintiffs and California Wage Class Members.
11
206. GEO’s retention of any benefit collected directly and indirectly from this
12
13 uncompensated labor violated principles of justice, equity, and good conscience.

14

207. As a direct and proximate result of GEO’s forced labor practices, Plaintiffs

15
and California Wage Class Members have suffered concrete harm and injury, including
16
17 physical and emotional injury, monetary loss, and the unlawful violation of their rights.

18

208. Plaintiffs and California Wage Class Members have suffered damages in an

19
amount to be determined at trial.

20

21

209. Plaintiffs and California Wage Class Members are entitled to recover

22 exemplary damages.

23

210. Plaintiffs and California Wage Class Members are entitled to recover the

24

benefits GEO has unjustly obtained through their un- or under-compensated labor.
25

26

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1

211. Plaintiffs and California Wage Class Members are entitled to recover their

2 reasonable attorney’s fees and costs.

3

COUNT III

4

CALIFORNIA UNFAIR COMPETITION LAW

5

Cal. Bus. & Prof. Code § 17200, et seq.

6

212. Plaintiffs reallege and incorporate by reference herein all allegations above.

7
213. California’s Unfair Competition Law (“UCL”) prohibits unfair
8

9 competition, defined as “any unlawful, unfair or fraudulent business act or practice and

10 unfair, deceptive, untrue or misleading advertising and any act prohibited by [California’s

11
False Advertising Law].” Cal. Bus. & Prof. Code § 17200.
12

13

214. GEO willfully violated, and continues to violate, the “unlawful” prong of

14 the UCL by violating California law.
15
215. The acts, omissions, and practices of GEO constitute unfair and unlawful
16
17 business acts and practices under the UCL in that GEO’s conduct offends public policy

18 against forced labor, and seeks to profit by violating Plaintiffs’ rights under state and

19
federal law.

20

21

216. As a direct and proximate result of GEO’s unlawful and unfair business

22 practices, Plaintiffs and California Wage Class Members have suffered economic injury.

23

217. Plaintiffs and California Wage Class Members have suffered damages in an

24

amount to be determined at trial.
25

26

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1

218. Plaintiffs and California Wage Class Members are entitled to recover their

2 reasonable attorney’s fees and costs.

3

COUNT IV

4

FORCED LABOR

5

CALIFORNIA TRAFFICKING VICTIMS PROTECTION ACT

Cal. Civ. Code § 52.5
6

7

219. Plaintiffs reallege and incorporate by reference herein all allegations above.

8

220. Plaintiffs and California Forced Labor Class Members are victims of forced

9
labor as defined by Cal. Civ. Code § 52.5.
10

11

221. Pursuant to the California Trafficking Victims Protection Act, Cal. Civ.

12 Code § 52.5, “a victim of human trafficking, as defined in Section 236.1 of the Penal
13
Code, may bring a civil action for actual damages, compensatory damages, punitive
14
15 damages, injunctive relief, any combination of those, or any other appropriate relief.”

16

222. Human trafficking is defined as the deprivation or violation of the personal

17
liberty of another “with the intent to obtain forced labor or services.” Cal. Penal Code
18
19 § 236.1.

20

223. Forced labor or services is defined as “labor or services that are performed

21 or provided by a person and are obtained or maintained through force, fraud, duress, or
22
coercion, or equivalent conduct that would reasonably overbear the will of the
23

24 person.” Cal. Penal Code § 236.1(h)(5).

25

26

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1

224. GEO violates Cal. Civ. Code § 52.5 by knowingly maintaining corporate

2 policies and uniform practices at Adelanto aimed at obtaining free detainee labor and
3
services by:
4

5

a. Forcing or coercing Plaintiffs and California Forced Labor Class

Members to perform uncompensated janitorial, maintenance, or other

6

work at the Adelanto Facility above and beyond the four personal

7

housekeeping tasks enumerated in the ICE PBNDS pursuant to GEO’s

HUSP;
8

9

b. Forcing or coercing Plaintiffs and California Forced Labor Class

Members to perform uncompensated janitorial, maintenance, or other

10

work at the Adelanto Facility pursuant to GEO’s Uncompensated

11

Work Program Policy;

12

c. Threatening Plaintiffs and California Forced Labor Class Members with

13

physical restraint and/or serious harm, including solitary confinement,

referral to an ICE officer, or criminal prosecution, if they refuse to

14

provide their uncompensated labor; and

15
d. Actually subjecting Plaintiffs and California Forced Labor Class

16

Members with physical restraint and/or serious harm, including solitary

17

confinement, referral to an ICE officer, or criminal prosecution, if they

refuse to provide their uncompensated labor.

18

19

225. GEO materially and significantly reduced its labor costs and expenses, and

20 increased its profits, by unlawfully forcing and coercing Plaintiffs and California Forced

21 Labor Class Members to perform uncompensated labor. In order to drive profits, GEO
22
acted with the intent to obtain forced labor or services from its detainees.
23

24

226. Plaintiffs and California Forced Labor Class Members have suffered

25 damages in an amount to be determined at trial.
26

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1

227. Plaintiffs and California Forced Labor Class Members are entitled to

2 recover from GEO all amounts that GEO has wrongfully and improperly obtained, and
3
GEO should be required to disgorge to Plaintiffs and California Forced Labor Class
4

5 Members the benefits it has unjustly obtained.

6

228. Plaintiffs and California Forced Labor Class Members are also entitled to

7
recover compensatory and punitive damages.
8

9

229. Plaintiffs and California Forced Labor Class Members are entitled to

10 declaratory and injunctive relief.
11
230. Plaintiffs and California Forced Labor Class Members are entitled to
12
13 recover their reasonable attorney’s fees and costs.

14

COUNT V

15

FORCED LABOR

FEDERAL TRAFFICKING VICTIMS PROTECTION ACT

16

18 U.S.C. §§ 1589(a) and 1594(a)

17
231. Plaintiffs and Nationwide HUSP Class Members are victims of forced
18
19 labor as defined by the federal Trafficking Victims Protection Act.

20

232. 18 U.S.C. §§ 1589(a) and 1594(a) prohibits any entity from knowingly

21 providing or obtaining the labor of a person “by means of any scheme, plan, or pattern
22
intended to cause the person to believe that, if that person did not perform such labor
23

24 or services, that person or another person would suffer serious harm or physical

25 restraint.” 18 U.S.C. § 1589(a).
26

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1

233. Serious harm is defined as “any harm, whether physical or nonphysical,

2 including psychological, financial, or reputational harm, that is sufficiently serious, under
3
all the surrounding circumstances, to compel a reasonable person of the same
4

5 background and in the same circumstances to perform or to continue performing labor

6 or services in order to avoid incurring that harm.” 18 U.S.C. § 1589(c).
7
234. GEO provides or obtains the labor or services of Plaintiffs and Nationwide
8
9 HUSP Class Members by means of physical restraint or threats of physical restraint to

10 Plaintiffs and others. 18 U.S.C. § 1589(a)(1).
11
235. GEO also provides or obtains the labor or services of Plaintiffs and
12
13 Nationwide HUSP Class Members by means of serious harm or threats of serious harm.

14 18 U.S.C. § 1589(a)(2).
15
236. GEO provided or obtained the labor or services of Plaintiffs and
16
17 Nationwide HUSP Class Members by means of a scheme, plan, or pattern intended to

18 cause them to believe that, if they did not perform such labor or services, they would

19
suffer serious harm or physical restraint, including solitary confinement. 18 U.S.C. § 1589
20
21 (a)(4).

22

237. GEO violates 18 U.S.C. §§ 1589(a) and 1594(a) by knowingly maintaining

23 corporate policies and uniform practices at most of its civil immigration detention
24
centers aimed at obtaining free detainee labor and services by:
25

26

a. Forcing or coercing Plaintiffs and Nationwide HUSP Class Members

to perform uncompensated janitorial, maintenance, or other work at a

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1

GEO civil immigration detention facility above and beyond the four

personal housekeeping tasks enumerated in the ICE PBNDS pursuant

2

to GEO’s HUSPs;

3

b. Threatening Plaintiffs and Nationwide HUSP Class Members with

4

physical restraint and/or serious harm, including solitary confinement,

5

referral to an ICE officer, or criminal prosecution, if they refuse to

provide their uncompensated labor; and
6

7

c. Actually subjecting Plaintiffs and Nationwide HUSP Class Members

with physical restraint and/or serious harm, including solitary

8

confinement, referral to an ICE officer, or criminal prosecution, if they

9

refuse to provide their uncompensated labor.

10

238. GEO materially and significantly reduced its labor costs and expenses, and

11
increased its profits, by unlawfully forcing and coercing Plaintiffs and Nationwide HUSP
12

13 Class Members to perform uncompensated labor. In order to drive profits, GEO acted

14 with the intent to obtain forced labor or services from its detainees.
15
239. Plaintiffs and Nationwide HUSP Class Members have suffered damages in
16
17 an amount to be determined at trial.

18

240. Plaintiffs and Nationwide HUSP Class Members are entitled to recover

19
from GEO all amounts that GEO has wrongfully and improperly obtained, and GEO
20
21 should be required to disgorge to Plaintiffs and Nationwide HUSP Class Members the

22 benefits it has unjustly obtained.

23

241. Plaintiffs and Nationwide HUSP Class Members are also entitled to

24

recover compensatory and punitive damages.
25

26

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1

242. Plaintiffs and Nationwide HUSP Class Members are entitled to declaratory

2 and injunctive relief.
3
243. Plaintiffs and Nationwide HUSP Class Members are entitled to recover
4

5 their reasonable attorney’s fees and costs.

6

COUNT VI

7

FORCED AND ATTEMPTED FORCED LABOR

FEDERAL TRAFFICKING VICTIMS PROTECTION ACT

8

18 U.S.C. §§ 1589(a) and 1594(a)

9
244. Plaintiffs reallege and incorporate by reference herein all allegations above.
10

11

245. Plaintiffs and Adelanto Forced Labor Class Members are victims of forced

12 labor and attempted forced labor as defined by 18 U.S.C. §§ 1589(a) and 1594(a).
13
246. GEO attempts to violate 18 U.S.C. § 1589(a)(2) by knowingly maintaining
14
15 corporate policies and uniform practices at the Adelanto Facility aimed at obtaining free

16 or nearly free detainee labor and services by:

17
a. Withholding daily necessities from Plaintiffs and Adelanto Forced

18

Labor Class Members, thereby forcing them to work for subminimum

19

wages in order to buy those daily necessities for themselves and avoid

serious harm, including, but not limited to, malnutrition, unsanitary

20

living quarters, extreme isolation, and unhygienic conditions of

21

confinement; and

22

b. Threatening Plaintiffs and Adelanto Forced Labor Class Members with

physical restraint, serious harm, including solitary confinement, referral

23

to an ICE officer, criminal prosecution, and abuse of law or legal

24

process, if they refuse to provide their labor, organize a work stoppage,

or participate in a work stoppage.
25

26

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1

247. GEO further violated 18 U.S.C. §§ 1589 and 1594 by maintaining a

2 corporate policy and uniform practice at the Adelanto Facility of threatening Plaintiffs
3
and Adelanto Forced Labor Class Members with serious harm, including solitary
4

5 confinement, referral to an ICE officer, or criminal prosecution if they refused to work.

6

248. GEO attempts and perpetrates the offense of forced labor against

7
Plaintiffs and Adelanto Forced Labor Class Members.
8

9

249. GEO knowingly benefitted financially from participation in a venture

10 GEO knew or should have known engaged in unlawful coercion of labor in violation of

11
18 U.S.C. §§ 1589(a) and 1594(a).
12

13

250. Plaintiffs and Adelanto Forced Labor Class Members have suffered

14 damages in an amount to be determined at trial.
15
251. Plaintiffs and Adelanto Forced Labor Class Members are entitled to
16
17 recover compensatory and punitive damages.

18

252. Plaintiffs and Adelanto Forced Labor Class Members are entitled to

19
recover their reasonable attorney’s fees and costs.

20

21

COUNT VII RETALIATION

22

253. Plaintiffs reallege and incorporate by reference herein all allegations above.
23

24

254. On July 3, 2018, GEO answered Plaintiff’s original Complaint and alleged

25 two conditional counterclaims against Plaintiff Raul Novoa and “any putative class or
26

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1 classes certified by the Court” for “unjust enrichment/offset” and “declaratory relief.”

2 ECF No. 45 at 18.
3
255. Plaintiffs brought a reply counterclaim for retaliation against GEO on July
4

5 24, 2018. ECF No. 50.

6

256. GEO answered Plaintiffs’ reply counterclaim for retaliation on August 14,

7
2018. ECF No. 58.
8

9

257. On November 30, 2018, the Court dismissed GEO’s counterclaim for

10 “unjust enrichment/offset” with prejudice. ECF No. 101.
11
258. On December 19, 2018, GEO filed its First Amended Answer and
12
13 Counterclaim to Plaintiff’s First Amended Complaint, ECF No. 106, wherein GEO

14 alleged, again, a counterclaim against Plaintiff Novoa and “against any putative class or

15
classes certified by the Court” for “declaratory relief.”
16

17

259. Plaintiffs filed their Second Amended Complaint on December 24, 2018.

18 ECF No. 108.

19
260. On January 28, 2019, GEO filed its Answer and Counterclaim to Plaintiffs’
20
21 Second Amended Complaint, ECF No. 113, yet again alleging a conditional

22 counterclaim for “declaratory relief” against Plaintiffs and “any putative class or classes

23 certified by the Court.”
24

25

26

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1

261. On February 18, 2019, Plaintiffs filed their Answer and Affirmative

2 Defenses to GEO’s Conditional Counterclaim and again brought a reply counterclaim
3
for retaliation against GEO. ECF No. 117.
4

5

262. GEO’s counterclaim for “declaratory relief” is a retaliatory in terrorem tactic

6 against Plaintiffs and the class members for bringing their claims to court.
7
263. Plaintiff Raul Novoa was detained at the Adelanto Facility from June 2012
8
9 through February 2015.

10

264. On December 19, 2017, Plaintiff Novoa, on behalf of himself and all

11
others similarly situated, filed a class action complaint seeking money damages and
12

13 injunctive relief from GEO for the continued and unlawful economic exploitation of

14 civil immigration detainees at the Adelanto ICE Detention Center. ECF No. 1. By filing

15
this lawsuit, Plaintiff Novoa engaged in a protected activity.
16

17

265. GEO waited until July 3, 2018 – more than three years after Plaintiff

18 Novoa was released from the Adelanto Facility, and only after this Court denied in part

19
GEO’s motion to dismiss – to file its counterclaims against Mr. Novoa and all putative
20
21 class members for “unjust enrichment/offset” and “declaratory relief.”

22

266. GEO’s motive in bringing these counterclaims is to retaliate against

23 Plaintiffs and deter the class members – thousands of vulnerable and indigent individuals
24
– from exercising their protected right to litigate their claims against GEO.
25

26

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1

267. GEO’s counterclaim targets each and every putative class member, i.e.

2 every individual who has been civilly detained at Adelanto since May 1, 2011.
3
268. GEO has a strong financial interest in deterring Plaintiffs and the putative
4

5 class members from prosecuting their case.

6

269. GEO represented to the United States Court of Appeals for the Tenth

7
Circuit that a similar federal class action lawsuit currently pending Colorado “poses a
8

9 potentially catastrophic risk to GEO’s ability to honor its contracts with the federal

10 government.” Petition for Permission to Appeal Class Certification at 30, Menocal et al.
11
v. The GEO Group, Inc., No.14-02887 (10th Cir. March 13, 2017) (“potentially
12
13 catastrophic risk”).

14

270. GEO’s counterclaim for “declaratory relief” is wholly without merit and is

15
reasonably likely to deter the protected activity of filing and prosecuting a lawsuit.
16

17

271. Plaintiffs’ counterclaim in reply of retaliation arises out of the same

18 transaction or occurrence and the same set of aggregate facts that are the subject matter

19
of GEO’s counterclaims.

20

21

272. Plaintiffs’ counterclaim in reply does not require adding another party over

22 whom the Court cannot acquire jurisdiction.

23

273. Plaintiffs are entitled to an Order enjoining GEO from continuing to

24

retaliate against Plaintiffs and class members; declaratory and other equitable relief as is
25

26 necessary to protect the interests of Plaintiffs and class members; and Plaintiffs’

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1 reasonable expenses and attorney’s fees incurred as a result of defending GEO’s

2 frivolous counterclaim.
3
4

PRAYER FOR RELIEF

5

WHEREFORE, Plaintiffs, individually and on behalf of the classes they seek to

6 represent, request that the Court:
7
a. Certify this action as a class action, with four classes as defined above;
8

9

b. Find that Plaintiffs are proper representatives of the classes and appoint

the undersigned as class counsel;

10

11

c. Order GEO to pay for notifying class members of the pendency of this

suit;

12

13

d. Order disgorgement of GEO’s unjustly-acquired revenue, profits, and

other benefits resulting from its unlawful conduct;

14

15

e. Award declaratory and other equitable relief as is necessary to protect

the interests of Plaintiffs and class members;

16

17

f. Award injunctive relief as is necessary to protect the interests of

Plaintiffs and class members, including enjoining GEO from

18

continuing to conduct business through the unlawful and unfair

19

practices alleged herein;

20

g. Award Plaintiffs and class members monetary damages for lost wages

21

in an amount to be determined at trial;

22

h. Award Plaintiffs and class members their reasonable litigation expenses

and attorneys’ fees; and
23

24

i. Award any further relief that the Court deems just and equitable.

25

26

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1 Dated:
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

September 16, 2019

__/s/ Lydia Wright _____________ Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com LA Bar # 30002 Lydia A. Wright (admitted pro hac vice) lwright@burnscharest.com LA Bar # 37926 C. Jacob Gower (admitted pro hac vice) jgower@burnscharest.com LA Bar # 34564 BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Facsimile: (504) 881-1765
R. Andrew Free (admitted pro hac vice) andrew@immigrantcivilrights.com TN Bar # 030513 LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209 Telephone: (844) 321-3221 Facsimile: (615) 829-8959
Nicole Ramos (admitted pro hac vice) nicole@alotrolado.org NY Bar # 4660445 AL OTRO LADO 511 E. San Ysidro Blvd., # 333 San Ysidro, CA 92173 Telephone: (619) 786-4866
Robert Ahdoot (CA Bar # 172098) rahdoot@ahdootwolfson.com Tina Wolfson (CA Bar # 174806) twolfson@ahdootwolfson.com Theodore W Maya (CA Bar # 223242) tmaya@ahdootwolfson.com AHDOOT & WOLFSON, PC

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1

10728 Lindbrook Drive

Los Angeles, California 90024-3102

2

Telephone: (310) 474-9111

3

Fax: (310) 474-8585

4

Will Thompson (CA Bar # 289012)

5

wthompson@burnscharest.com

Warren Burns (admitted pro hac vice)

6

wburns@burnscharest.com

7

TX Bar # 24053119

Daniel H. Charest (admitted pro hac vice)

8

dcharest@burnscharest.com

9

TX Bar # 24057803

BURNS CHAREST LLP

10

900 Jackson St., Suite 500

11

Dallas, Texas 75202

Telephone: (469) 904-4550

12

Facsimile: (469) 444-5002

13

14

Attorneys for Plaintiffs.

15

16

17

18

19

20

21

22

23

24

25

26

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1

CERTIFICATE OF SERVICE

2

I, Lydia A. Wright, electronically submitted the foregoing document with the clerk

3

of the court for the U.S. District Court, Central District of California, using the
4

5 electronic case filing system. I hereby certify that I have provided copies to all counsel

6 of record electronically or by another manner authorized by Fed. R. Civ. P. 5(b)(2).
7

8
9 Dated:
10 11 12 13 14 15

September 16, 2019

/s/ Lydia A. Wright Lydia A. Wright (admitted pro hac vice) lwright@burnscharest.com LA Bar # 37926 BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Facsimile: (504) 881-1765

16

17

18

19

20

21

22

23

24

25

26

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL

Case No. EDCV 17-2514 JGB (SHKx)
Title Raul Novoa, et al. v. The GEO Group, Inc.

Date November 26, 2019

Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ Deputy Clerk

Not Reported Court Reporter

Attorney(s) Present for Plaintiff(s): None Present

Attorney(s) Present for Defendant(s): None Present

Proceedings: Order (1) GRANTING Plaintiffs’ Motion for Class Certification (Dkt. No. 192); (2) DENYING Defendant’s Motion to Exclude (Dkt. No. 211); and (3) VACATING the December 2, 2019 Hearing (IN CHAMBERS)

Before the Court is Plaintiffs’ motion for class certification, (“Motion,” Dkt. No. 192), and Defendant’s motion to exclude certain declarations submitted by Plaintiffs in support of the Motion, (“MTE,” Dkt. No. 211). After considering the papers filed in support of, and in opposition to, the Motion and the arguments of counsel, the Court GRANTS the Motion. The Court considers the MTE appropriate for resolution without a hearing. See Fed. R. Civ. P. 78; L.R. 7-15. After considering the papers filed in support of, and in opposition to, the MTE, the Court DENIES the MTE. The hearing set for December 2, 2019 on the MTE is VACATED.

A. Procedural Background

I. BACKGROUND

On December 19, 2017, Raul Novoa (“Novoa”) filed a putative class action complaint against Defendant The GEO Group, Inc. (“GEO”). (Dkt. No. 1.) Novoa filed a first amended complaint on July 6, 2018, (Dkt. No. 47), and a second amended complaint on December 24, 2018, which added Jaime Campos Fuentes (“Fuentes”) as a Plaintiff, (“SAC,” Dkt. No. 108). On August 16, 2019, Plaintiffs sought leave to file a third amended complaint. (Dkt. Nos. 167, 169.) The Court granted leave, (Dkt. No. 183), and Plaintiffs filed the third amended complaint, which is operative, (“TAC,” Dkt. No. 184). The TAC added Abdiaziz Karim (“Karim”) and

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Ramon Mancia (“Mancia”) as Plaintiffs, amended the class definitions, and added two causes of action. (see Dkt. No. 183 at 2.)

The TAC alleges seven causes of action arising from Plaintiffs’ detention at California’s Adelanto Detention Center (“Adelanto”): (1) violation of California’s Minimum Wage Law, Cal. Labor Code §§ 1194, 1197, 1197.1; (2) unjust enrichment; (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et seq.; (4) violation of California’s Trafficking Victims Protection Act (“CTVPA”), Cal. Civ. Code § 52.5; (5) forced labor under the Federal Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. §§ 1589(a), 1594(a); (6) forced and attempted forced labor under the TVPA; and (7) retaliation.1 The TAC defines three putative classes (four, including sub-classes), which are discussed in greater detail below.

Plaintiffs filed the Motion on September 27, 2019. (Mot.) In support of the Motion, they included the following declarations and related exhibits: the Declaration of Lydia Wright, (“Wright Declaration,” Dkt. No. 193 (attaching Exhibits 1 to 34)); the Declaration of Raul Novoa, (“Novoa Declaration,” Dkt. No. 192-3); the Declaration of Jaime Campos Fuentes, in Spanish and English, (“Fuentes Declaration,” Dkt. No. 192-4); the Declaration of Abdiaziz Karim, (“Karim Declaration,” Dkt. No. 192-5); the Declaration of Ramon Mancia, (“Mancia Declaration,” Dkt. No. 192-6); the Declaration of Gagandeep Marwaha, (“Marwaha Declaration,” Dkt. No. 192-7); the Declaration of Fernando Munoz Aguilera, in Spanish and English, (“Aguilera Declaration,” Dkt. No. 192-8); the Declaration of Daniel Charest, (“Charest Declaration,” Dkt. No. 192-10); the Declaration of Tina Wolfson, (“Wolfson Declaration,” Dkt. No. 192-11); the Declaration of R. Andrew Free, (“Free Declaration,” Dkt. No. 192-12); and the Declaration of Hannah Lopez, (“Lopez Declaration,” Dkt. No. 192-9).

Defendant filed an opposition on October 28, 2019, (“Opposition,” Dkt. No. 205), and included in support the following declarations and exhibits: Declaration of Damien DeLaney, (“DeLaney Declaration,” Dkt. No. 205-1 (attaching two volumes of Exhibits, Dkt. No. 206 (Exhibits A to I2) and Dkt. No. 207 (Exhibits J to R, and U))); Declaration of Dan Ragsdale, (“Ragsdale Declaration,” Dkt. No. 205-2 (attaching Exhibit T)); Declaration of Gregory Hillers, (“Hillers Declaration,” Dkt. No. 205-3 (attaching Exhibit S)).

Plaintiffs replied on November 4, 2019, (“Reply,” Dkt. No. 209), and attached a second declaration by Lydia Wright, (“Wright Declaration II,” Dkt. No. 210 (attaching Exhibits 1 to 5)). On November 12, 2019, Defendant filed a notice of supplemental authority. (“Defendant’s Notice,” Dkt. No. 215 (attaching Ex. A).)

1 Plaintiffs do not define the proposed classes to cover the retaliation claim, and the parties generally ignore this claim in their briefing on the Motion. The retaliation claim involves GEO’s counterclaim to the original complaint for unjust enrichment and declaratory relief. (Dkt. Nos. 45, 58.) GEO filed an Answer to the TAC, which includes only a conditional counterclaim for declaratory relief, on October 15, 2019. (Dkt. No. 200). Plaintiffs filed an answer to the counterclaim on October 28, 2019. (Dkt. No. 204.)
2 GEO resubmitted Exhibit D with a notice of Errata. (Dkt. Nos. 212, 212-1)

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On the same day as Plaintiffs’ Reply, Defendant filed a motion to exclude the declarations of non-Plaintiff declarants Aguilera and Marwaha. (“MTE,” Dkt. No 211.) Plaintiffs opposed the Motion to Exclude, (“Opposition to MTE,” Dkt. No. 213), and attached the Declaration of Lydia Wright in support of the Opposition to the Motion to Exclude, (“Wright Declaration III,” Dkt. No. 213-1). Defendant filed a response. (“MTE Response,” Dkt. No. 216.)
B. Factual Background
This putative class action is brought by current and former immigration detainees against the operator of an immigration detention facility located in the City of Adelanto, California (“Adelanto”). Plaintiffs were held at Adelanto while their immigration cases were pending. GEO is a business that operates more than a dozen immigration detention centers around the country. Since May 2011, GEO has operated the Adelanto facility as a subcontractor for the City of Adelanto, which entered into an Intergovernmental Service Agreement (“IGSA”) with Immigration and Customs Enforcement (“ICE”) to hold immigration detainees at the facility. (Wright Decl. at Exs. 2, 3.)
Under the IGSA, GEO is required to comply with ICE’s Performance Based National Detention Standards, (“PBNDS,” Wright Decl. at Ex. 14; Opp’n at 4), which set out “expected outcomes” and “minimum requirements” for the management of contract facilities like Adelanto. These outcomes and requirements touch on nearly all aspects of operating an immigration detention facility, including emergency planning, environmental health and safety, use of force and, as relevant to this action, arrangements for detainee labor within the facility. (Id. at Ex. 2, p. 8.) GEO has either companywide or facility-specific policies that must meet or exceed the minimum standards in the PBNDS, and which apply across the company or facility. (Id. at Ex. 4, pp. 28-29 (referencing both company-wide and facility-specific policies).) Under the IGSA and the PBNDS, GEO is required to provide immigrants with basic necessities such as food, shelter, utilities, clothing, bedding, and health services. The PBNDS also require recreation, religious practice opportunities, and visitation, among other activities. Under the PBNDS § 5.8, GEO must create a detainee “voluntary work program” that complies with the PBNDS requirements. (Id. at Ex. 5, pp. 60, 62.)
1. PBNDS “Voluntary Work Program” Requirements
The expected outcomes and minimum requirements of the “Voluntary Work Program” are located in Section 5 of the PBNDS, which deals with multiple detainee activities, such as religion and correspondence. PBNDS § 5.8. Under § 5.8, detainees “shall be provided the opportunity to participate in a voluntary work program.” Id. They “shall not be required to work, except to do personal housekeeping.” Id. Required personal housekeeping is defined in § 5.8:
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Detainees are required to maintain their immediate living areas in a neat and orderly manner by:
1. making their bunk beds daily; 2. stacking loose papers; 3. keeping the floor free of debris and dividers free of clutter; and 4. refraining from hanging/draping clothing, pictures, keepsakes, or other
objects from beds, overhead lighting fixtures or other furniture.
Id. More labor-intensive tasks beyond such “required personal housekeeping” or outside the “immediate living area” of each detainee must follow the PBNDS requirements for voluntary work. The PBNDS direct the facility administrator to develop written rules for selecting “work detail volunteers,” including a work program agreement. Id. The volunteers must receive “at least” $1.00 per day. Id.
Plaintiffs claim GEO takes advantage of the voluntary work program to benefit from free or nearly-free detainee labor, which is not truly voluntary and which GEO exploits on a daily basis as a “round-the-clock cleaning, sanitation, and maintenance staff.” (Mot. at 16.) Plaintiffs describe four problematic policies or practices, under which they claim detainees are effectively compelled to work beyond required housekeeping or compelled to “volunteer” for work details: (1) Work Program Policy; (2) Uncompensated Work Program Policy; (3) Housing Unit Sanitation Policy, and (4) Deprivation Policy. (Mot. at 5.) GEO responds that Plaintiffs mischaracterize the nature of detainee labor at Adelanto. The company states that it complies with the PBNDS and that its work policies are approved by ICE. (Opp’n at 8; Ragsdale Decl. at ¶ 4.)
2. Work Program Policy
First, Plaintiffs state GEO operates a detainee Work Program Policy (“Work Program”), (Mot. at 6-9), at Adelanto, which is recorded in § 8.1.8 of GEO’s Adelanto Policy and Procedure Manual. (Adelanto Work Program, Wright Decl. at Ex. 15.) GEO also issues an Adelanto Supplemental Detainee Handbook with more specific rules, regulations, policies, and procedures concerning the Work Program. (Adelanto Supp. Detainee Handbook, Wright Decl. Ex. 16.) Available work assignments include food service, laundry, dorm cleaning, cores/hallway, court/visit, recreation, floor crew, barbershop, intake, medical detail, paint detail, and warehouse. (Work Detail Application, Wright Decl. at Ex. 17; Opp’n at 9 (citing Wright Decl. at Ex. 2, p. 63 (“the detainee work plan must be voluntary, and may include work or program assignments for industrial, maintenance, custodial, service, or other jobs.”).)
GEO sets work schedules, assigns detainee workers to shifts and workdays of no more than 8 hours, and provides needed equipment and instructions. (Mot at 7-8.) GEO maintains records of detainee work hours, and pays detainees by depositing money into their commissary accounts. (Id. at 10; Wright Decl. at Ex. 22.) At Adelanto, detainee workers earn $1.00 per day for participating in the program. (Mot. at 9.)

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3. Uncompensated Work Program Policy
Second, Plaintiffs state that an unwritten Uncompensated Work Program Policy exists, (Mot. at 9-10), under which applicants for the Work Program must work for an arbitrary period of time for no compensation whatsoever, in the hopes that they will eventually be hired into the Work Program. GEO failed to respond to a request for admission, and so admitted pursuant to Fed. R. Civ. P. 36(a)(3) that it “permits detainees at the Adelanto Facility to work for no compensation at all if all paid Work Program positions are filled.” (Mot. at 9 (Wright Decl. at Ex. 34, p. 7).) The work detail application states there are only 40 paid positions available at a time. (Wright Decl. at Ex. 17.) In its Answer to the TAC, GEO denies that an Uncompensated Work Program exists as such, but admits Work Program participants may “choose to perform self-care tasks” including meal preparation and basic housekeeping chores. (Dkt. No. 200 ¶¶ 5758.)
In addition to the GEO work detail application, Plaintiffs attach detainee declarations regarding such unpaid “volunteer” work.3 (Fuentes Decl. ¶ 9; Karim Decl. ¶¶ 7, 10; Mancia Decl. at ¶ 8 (“I have never been compensated for my labor as a porter. Instead GEO officials occasionally give me extra food or milk.”); Aguilera Decl. at ¶ 9 (“I worked as a porter from approximately January 2019 until June 2019. . . . During this period, the GEO employees demanded that I worked for free.”).) Plaintiffs also attach several emails from GEO employees showing that detainees worked throughout the facility, (Wright Decl. at Ex. 6 (“We need all shifts to start putting detainees to work in the hallways, medical, intake, the ‘D-Spaces,’ and the hallways leading to the housing units, etc. . . . I don’t want excuses, just action.”), Ex. 8 (listing areas outside of detainee bunks “that can use improvement with attention and detainee labor” and noting “no detainee workers were present working (I know shifts are short staffed today)”), Ex. 9 (stating ahead of inspection that facilities “need to be sparkling” and to “use as many detainee crews as necessary”), Exs. 10-11, 21 (noting the receipt of detainee complaints about not being paid).). Plaintiffs also demonstrate that unpaid workers were tracked in the same system used for paid workers. (Wright Decl. at Ex. 22, p. 2 (tracking duty assignments for a single day far in excess of the 40 paid positions, and including handwritten notes such “volunteer” and “[redacted name] was a worker for seg; wants to know why she was not on payroll. She works every day.”).)
4. Housing Unit Sanitation Policies (“HUSPs”)
Plaintiffs also describe a GEO company-wide practice of Housing Unit Sanitation Policies (“HUSPs”) that apply at GEO immigration detention centers nationwide. (Mot. at 10 (citing

3 Novoa’s Declaration does not state he worked without receiving $1.00 per day. The other named Plaintiffs do state they worked without pay at jobs clearly outside of the required personal housekeeping tasks.

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Plaintiffs’ requests for admission as to each facility, which GEO failed to answer).)4 Plaintiffs contend these HUSPs impermissibly expand the scope of “required personal housekeeping” otherwise permissible under the PBNDS.
Plaintiffs emphasize facts tending to show that the scope of GEO’s HUSPs is far beyond the four “required personal housekeeping” tasks in the PBNDS. Whereas the PBNDS limit required tasks to a detainee’s “immediate living area” and define minimal practices of tidiness such as stacking papers, making the bed, and clearing clutter from the floor, the Adelanto policy makes detainees responsible for the cleanliness of walls, floors, sinks, toilets, windows within the “cell, room, or living area.” (Wright Decl. at Ex. 3.) At 6 a.m. each Detainee is issued mops, buckets, brooms, scrub brushes, cleaning rags, and chemicals, and officers supervise the mandatory cleaning. (Id.) Another section of the GEO policy expands the area of responsibility to “all commonly accessible areas of the unit” including “microwaves, tables, and chairs,” and notes “each and every detainee must participate.” (Id. at Ex. 24.) A third plan provides that on a weekly basis or as needed each unit as a whole is subject to a “total sanitation mission.” (Id. at Ex. 18.)
Under GEO’s written policy, detainee compliance may be obtained by the imposition of sanctions, because refusal to clean one’s living area is classified in the Supplemental Detainee Handbook as a “High Moderate” offense. (Id. at Ex. 16, p. 29.) Punishments can vary from a warning or reprimand to 72 hours in disciplinary restriction, the initiation of criminal proceedings, disciplinary transfer (which is “recommended”), monetary restitution (“if funds are available”), loss of privileges, change of housing, restriction of the detainee to the living unit, or other sanctions. (Id.)
GEO does not dispute the existence of these policies, but argues they are within the scope of what the PBNDS allow, and also note Plaintiffs were never placed in “solitary confinement”5

4 GEO argues Plaintiffs attach no evidence that the HUSPs exist at other GEO facilities other than the Adelanto facility, but does not respond to Plaintiffs’ argument that GEO effectively admitted the HUSPs existence by failing to respond to Plaintiffs RFAs on this subject. (Opp’n at 3 n.4 (arguing narrowly that GEO did not admit in its previous briefing the application of an Adelanto-specific “Housekeeping Plan” at other facilities, and failing to address the RFAs).) GEO also does not adequately address Plaintiffs’ argument that, at minimum, the Menocal litigation shows the existence of a HUSP at the Aurora, Colorado facility. Menocal v. GEO Grp., Inc., 320 F.R.D. 258 (D. Colo. 2017), aff’d, 882 F.3d 905 (10th Cir. 2018), cert. denied, 139 S. Ct. 143 (2018).
5 GEO also attaches excerpts from the deposition of Amber Martin to refute Plaintiffs’ claims that detainees may be subjected to disciplinary segregation for failure to perform cleaning tasks. (DeLaney Decl. at Ex. G.) GEO does not define Martin’s role, but notes her deposition was taken as part of the Menocal case. (Opp’n at 7.) Martin stated, “We’ve never given a detainee solitary confinement for refusing to clean their areas.” (DeLaney Decl. at Ex. G, p. 134.) It does not seem the statement covers Adelanto, because the deposition was on the subject of the

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and did not personally suffer “abuse of legal process.” (Opp’n at 3.) GEO highlights portions of an ICE Detainee Handbook that uses more expansive language than the PBNDS, which instructs: “you must keep areas that you use clean, including your living area and any general use areas that you use.” (DeLaney Decl. at Ex. F, p. 12.) The ICE Detainee Handbook also warns “you may be disciplined” if you do not keep your areas clean. (Id.) GEO also notes that the PBNDS contemplate discipline for a detainee’s “refusal to clean assigned living area,” and includes many of the same sanctions as GEO, including criminal proceedings, transfer, or segregation for 72 hours, and lesser punishments. PBNDS § 3.1.
Although Plaintiffs rely principally upon Adelanto-specific policies in their description of the HUSP, they note GEO’s default admission that HUSPs exist at twelve other facilities. (Id. at Ex. 34). They also cite Menocal v. GEO Grp., Inc., in which the U.S. District Court for the District of Colorado certified a class challenging a similar HUSP at a GEO facility in Aurora Colorado. 320 F.R.D. 258 (D. Col. 2017) (certifying a Work Program class and HUSP class on similar evidence); aff’d, 882 F.3d 905 (10th Cir.), cert. denied, 139 S. Ct. 143 (2018).
5. Deprivation Policy
Plaintiffs and GEO largely agree on the existence of the Work Program, and Defendant does not seriously dispute that detainees often work without pay under the Uncompensated Work Program as Plaintiffs describe it. Rather, the parties’ factual disputes center on whether participants join or participate voluntarily, or are coerced to join by an alleged “Deprivation Policy.” (Mot. at 15.) Under this policy, Plaintiffs claim6 GEO deprives Adelanto detainees of “basic living necessities, including sufficient food.” (Mot. at 15.)
Defendant denies that detainees are deprived of necessities such as food, water, and hygiene products, and draws attention to apparent inconsistencies in Plaintiffs’ individual accounts of “deprivation.” (Opp’n at 10 (noting some Plaintiffs had sources of outside funding, or received certain basic necessities, and pointing to disparities between detainee deposition testimony and their declarations).) To demonstrate the existence of such a policy, Plaintiffs cite not only their individual experiences, (Mot. at 16 (citing detainee declarations)), but also OIG reports finding PBNDS violations at Adelanto. (Id.; Wright Decl. at Exs. 28-30.) Plaintiffs argue the reports and their experience establish Adelanto detainees often lack sufficient food, clothing,

Aurora Colorado facility. Similarly, a GEO official distinguished between solitary confinement cells and GEO’s “disciplinary rooms,” which he stated are double bunked. (Opp’n at 7.) Thus, GEO’s denial that it punishes detainees with solitary confinement does not rule out that it punishes detainees with disciplinary segregation or with the other sanctions outlined in its policy.
6 Plaintiffs first introduce the phrase “Deprivation Policy” in the Motion, not the TAC. However, the TAC alleges GEO maintains a “corporate policy and uniform practice of withholding sufficient food, water, and hygiene products from the immigrants detained at Adelanto,” (TAC ¶ 43), and asserts facts which, if true, would support the existence of such a policy. (TAC ¶¶ 6, 43 100-107, 122, 126-30, 150, 152, 167.)

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or personal hygiene items, and work without pay only to receive such necessities as gifts from officers, or to increase their commissary balance and purchase those necessities. (Mot. at 15.-16.)
Plaintiffs also attach evidence of the economic incentives for GEO to compel detainees to work. If detainees are not available to staff a job, GEO must pay its own staff to complete the work, which may include overtime if the task cannot be completed within normal business hours. (Mot. at 8, 17-18 (citing Janeka Deposition, Wright Decl. at Ex. 4, pp. 221-222) (explaining that ICE pays GEO the same bed-day rate regardless of GEO’s actual operating costs).) According to the Statement of Work attached to the IGSA, “[d]etainees shall not be used to perform the responsibilities or duties of an employee of [GEO].” (Wright Decl. at Ex. 2, pp. 63.) Plaintiffs note deposition testimony that, for the nearly 2,000-bed facility, GEO employs six non-detainee janitors, and previously employed only three. (Opp’n at 13 (citing Wright Decl. at Ex. 4, pp. 5253).) The janitors clean ICE and GEO offices outside the secured perimeter of the facility, where detainees are not allowed. (Opp’n at 13.)7
II. LEGAL STANDARD
A. Rule 23
Federal Rule of Civil Procedure 23 (“Rule 23”) governs the litigation of class actions. A party seeking class certification must establish the following prerequisites:
(1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.
Fed. R. Civ. P. 23(a). After satisfying the four prerequisites of numerosity, commonality, typicality, and adequacy, a party must also demonstrate one of the following: (1) a risk that separate actions would create incompatible standards of conduct for the defendant or prejudice individual class members not parties to the action; (2) the defendant has treated the members of the class as a class, making appropriate injunctive or declaratory relief with respect to the class as a whole; or (3) common questions of law or fact predominate over questions affecting individual

7 GEO counters that it does not determine its staffing needs by taking into account the number of detainee workers, (Opp’n at 14), but the deposition excerpts to which GEO cites do not support the proposition. The factual assertion is also contradicted by the PBNDS requirement that any voluntary workers receive instruction and oversight from a work supervisor. PBNDS § 5.8. Finally, GEO argues that ICE reimburses it for the $1.00 per day detainee labor expense. This fact shows only that GEO does not ultimately pay at all for detainee work that must otherwise be completed by GEO staff.

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members and that a class action is a superior method for fairly and efficiently adjudicating the action. See Fed. R. Civ. P. 23(b)(1)-(3).8
A trial court has broad discretion regarding whether to grant a motion for class certification. See Bateman v. Am. Multi-Cinema, Inc., 623 F.3d 708, 712 (9th Cir. 2010). However, “[a] party seeking class certification must affirmatively demonstrate compliance with [Rule 23]—that is, the party must be prepared to prove that there are in fact sufficiently numerous parties, common questions of law or fact, etc.” Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338, 350 (2011). A district court must conduct a “rigorous analysis” that frequently “will entail some overlap with the merits of the plaintiff’s underlying claim.” Id. at 351. “Courts typically proceed claim-by-claim in determining whether the Rule 23 requirements have been met, particularly as to the Rule 23(a)(2) and (b)(3) requirements of common questions and predominance.” Allen v. Verizon California, Inc., 2010 WL 11583099, at *2 (C.D. Cal. Aug. 12, 2010). The Court sets out the legal standards for each of Plaintiffs’ claims in this section, because the commonality and predominance inquiries require an understanding of the claims.
Rule 23 further provides that “[w]hen appropriate, an action may be brought or maintained as a class action with respect to particular issues,” Fed. R. Civ. P. 23(c)(4), or the “class may be divided into subclasses that are each treated as a class under this rule,” Fed. R. Civ. P. 23(c)(5). “This means that each subclass must independently meet the requirements of Rule 23 for the maintenance of a class action.” Betts v. Reliable Collection Agency, Ltd., 659 F.2d 1000, 1005 (9th Cir. 1981).
B. California Employment Tests
The California Supreme Court articulated the general common law test for determining whether an employment relationship exists for the purposes of California labor law in S. G. Borello & Sons, Inc. v. Dep’t of Indus. Relations, 48 Cal. 3d 341 (1989). Under Borello, “[t]he principal test of an employment relationship is whether the person to whom service is rendered has the right to control the manner and means of accomplishing the result desired[.]” Id. at 350 (internal quotation marks omitted). In applying the Borello test, courts also consider the following secondary factors:
(a) whether the one performing services is engaged in a distinct occupation or business; (b) the kind of occupation, with reference to whether, in the locality, the work is usually done under the direction of the principal or by a specialist without supervision; (c) the skill required in the particular occupation; (d) whether the

8 While some circuits have adopted an “ascertainability” prerequisite to certification, the Ninth Circuit has not. Briseno v. ConAgra Foods, Inc., 844 F.3d 1121, 1124 n.4 (9th Cir. 2017) (“ConAgra cites no other precedent to support the notion that our court has adopted an ‘ascertainability’ requirement. This is not surprising because we have not. Instead, we have addressed the types of alleged definitional deficiencies other courts have referred to as ‘ascertainability’ issues . . . through analysis of Rule 23’s enumerated requirements.”).

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principal or the worker supplies the instrumentalities, tools, and the place of work for the person doing the work; (e) the length of time for which the services are to be performed; (f) the method of payment, whether by the time or by the job; (g) whether or not the work is a part of the regular business of the principal; and (h) whether or not the parties believe they are creating the relationship of employeremployee.
Id. at 351.
Claims governed by California’s Industrial Welfare Commission’s (IWC) definition of employment, however, are subject to a broader standard, which “incorporates the common law definition as one alternative.” Martinez v. Combs, 49 Cal. 4th 35, 64 (2010), as modified (June 9, 2010). In Martinez, the California Supreme Court held that the IWC’s definition of “to employ” included three alternative definitions: “(a) to exercise control over the wages, hours or working conditions, or (b) to suffer or permit to work, or (c) to engage, thereby creating a common law employment relationship.” Id. As to the first definition, the court noted that it “encompasses ‘any person . . . who directly or indirectly, or through an agent or any other person, employs or exercises control over the wages, hours, or working conditions of any person[.]’” Id. at 71 (quoting Wage Order No. 14 (Cal. Code Regs., Tit. 8, § 11140, subd. 2(F)).
With regard to the “suffer or permit to work” prong, the court elaborated that “the basis of liability is the defendant’s knowledge of and failure to prevent the work from occurring.” Id. at 70. It concluded that the defendants had not “suffered or permitted plaintiffs to work because neither had the power to prevent plaintiffs from working.” Id. Specifically, it considered the defendants’ lack of control over hiring and firing decisions, setting wages and hours, and determining when and where workers would report to work. Id. The court did not elaborate on the third definition, as the plaintiffs advanced arguments under only the first two definitions. See id. at 68. The court declined to decide whether the Borello test had any relevance to wage claims. Id. at 73.
In Dynamex Operations W. v. Superior Court, the California Supreme Court adopted a test known as the “ABC test” for interpreting the “suffer or permit to work” prong of the IWC’s definition of employ. 4 Cal. 5th 903, 956–57 (2018), reh’g denied (June 20, 2018). Under that test, the hiring entity bears the burden of establishing that a worker is an independent contractor rather than an employee. Id. at 957. In order to meet that burden, it must establish each of the test’s three factors:
(A) that the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact; and (B) that the worker performs work that is outside the usual course of the hiring entity’s business; and (C) that the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed.

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Id. Thus, if the putative employer fails to establish any one of the three prongs with regard to a worker, the worker is properly classified as an employee for the purposes of IWC wage orders.
C. TVPA and CTVPA
Enacted as part of the Trafficking and Victims Protection Act of 2000 (“TVPA”), 18 U.S.C. § 1589 proscribes a party from “knowingly provid[ing] or obtain[ing] the labor or services of a person” through force, physical restraint, serious harm, abuse of law or legal process, threats of any of those means, or any combination of those methods. 18 U.S.C. § 1589(a). Also liable is a party who “knowingly benefits, financially or by receiving anything of value, from participation in a venture” involving forced labor. 18 U.S.C. § 1589(b). Title 18 U.S.C. § 1595 provides the civil remedy to a victim of forced labor. 18 U.S.C. § 1595. A ten-year statute of limitations applies to claims under the TVPA. Deutsch v. Turner Corp., 324 F.3d 692, 717 & n.18 (9th Cir. 2003), cert. denied, 540 U.S. 820 (2003).
A victim of human trafficking may bring a civil action for damages or injunctive relief under California Civil Code § 52.5 (“CTVPA”). Cal. Civ. Code § 52.5(a). California’s human trafficking statute provides in pertinent part that “[a] person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking.” Cal. Penal Code § 236.1. The elements of the criminal offense are (1) the defendant either deprived another person of personal liberty or violated that other person’s personal liberty; and (2) when the defendant did so, he or she intended to obtain forced labor or services from that person. People v. Halim, 14 Cal. App. 5th 632, 643 (2017), reh’g denied (Sept. 12, 2017), review denied (Nov. 29, 2017), cert. denied sub nom. Halim v. California, 138 S. Ct. 1564 (2018). Forced labor services are defined as “labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.” Cal. Penal Code § 236.1(h)(5).
III. DISCUSSION
A. Preliminary Matters: Motion to Exclude and Standing
1. Motion to Exclude
GEO moves to exclude the declarations of non-plaintiff detainees Aguilera and Marwaha on the grounds that it learned of their identity for the first time on September 27, 2019, when Plaintiffs filed their Motion, which included Aguilera and Marwaha’s declarations. (MTE at 3.) Defendant argues the non-disclosure of Aguilera and Marwaha until the filing of the Motion is a violation of Rule 26’s requirement that initial disclosures be supplemented in a timely manner. (Id. at 5 (citing Fed. R. Civ. P. 26(e), and 37(c)(1)).)
According to the MTE and MTE Opposition, the chronology is as follows. Plaintiffs’ first initial disclosure was made on July 27, 2018. On June 17, 2019, Plaintiffs made their first supplemental disclosure. The declarations in question were signed the next month, on July 26,

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2019. About two months later, on September 27, 2019, Defendant learned about Aguilera and Marwaha’s declarations when Plaintiffs served the Motion and declarations supporting class certification. At that point, GEO had 30 days to oppose the Motion. However, GEO did not serve a deposition notice for Aguilera and Marwaha until October 7, 2019, ten days after Plaintiffs filed the Motion. The next day, Plaintiffs filed their third Rule 26 supplement, which listed Marwaha and Aguilera.
The Court DENIES the MTE for five reasons. As an initial matter, it is not clear to the Court why GEO would not already be aware of the identity and contact information of every detainee likely to possess knowledge of the Work Program, which is evidenced by GEO’s own rosters of detainee names and work details. Second, the MTE is procedurally improper. GEO should have simply objected to the declarations in its Opposition, or filed the request to exclude as an ex parte application. Instead it filed a motion which must be filed not later than 28 days before the date set for hearing. L.R. 6-1. GEO noticed the MTE hearing for December 2, 2019, while the hearing for the Motion was set for November 18, 2019. Third, the MTE effectively demands reconsideration of the Court’s prior decision denying GEO’s ex parte request for enlargement of time to respond to the Motion, in which GEO first raised the issue, four days before its Opposition was due. (Dkt. Nos. 201, 208.) Fourth, the record shows that GEO in fact had sufficient time and notice to depose Aguilera. GEO failed to do so because it attempted to notice six depositions on a week’s notice, delayed filing proper deposition notices, and/or failed to depose Aguilera when given an opportunity to do so before its Opposition was due. (Dkt. No. 202-1 -Exs. C.) Fifth, the Court notes that neither Marwaha nor Aguilera are named Plaintiffs. Neither declaration is of such importance or centrality to class certification that it merits the time-consuming back-and-forth between the parties on this issue.
2. Standing
GEO’s Notice of Supplemental Authority attaches a recent order in Owino v. CoreCivic, Inc., No. 17-cv-1112 (S.D. Cal. Nov. 7, 2019), in which Judge Sammartino sua sponte ordered the parties to submit additional briefing on standing, with class certification pending. (Def.’s Notice at Ex. A.) In that case, the plaintiffs seek declaratory relief against CoreCivic as to their claims under the TVPA and CTVPA. (Id.) In the order, Judge Sammartino observes that neither of the named plaintiffs were detained at the time of the commencement of the action in May 2017.
GEO does not explain how the order is relevant to this case. Novoa commenced this action in December 2017. (Dkt. No. 1). He then filed the SAC, which added Fuentes as a Plaintiff and alleged Fuentes was detained at Adelanto at the time of the commencement of the action, from December 2016 through January 2018. (SAC ¶ 16.) The TAC adds Karim, who alleges he was detained from August 2017 until August 2019, (TAC ¶ 19), and Mancia, who alleges he is currently detained at Adelanto. (Id. ¶ 20.). Mancia has standing to bring declaratory and injunctive relief, as do Fuentes and Karim. Either they were detained at the time of the filing of one of the complaints, or the amendments adding them as Plaintiffs relate back to the time of filing of the original complaint under Rule 15. Under Rule 15(c)(1)(B) an amendment relates back

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where it asserts “a claim or defense that arose out of the conduct, transaction, or occurrence set out—or attempted to be set out—in the original pleading.” Fed. R. Civ. P. 15(c)(1)(B).
B. Proposed Classes
The Court turns now to the question of class certification. Plaintiffs seek to certify four classes, including subclasses. First, they seek to certify an “Adelanto Wage Class,” (Mot. at 18), for the first three causes of action: (1) violation of California’s Minimum Wage Law, Cal. Labor Code §§ 1194, 1197, 1197.1; (2) unjust enrichment; and (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et seq. They define the class as:
All civilly detained immigrants who (i) were detained at the Adelanto ICE Processing Center any time between December 19, 2014 and the date of final judgment in this matter, and either (ii) participated in the Voluntary Work Program at any point during their detention, or (iii) performed work for no compensation in the Uncompensated Work Program pending their participation in the Voluntary Work Program, or (iv) performed work for no compensation pursuant to the Adelanto Housing Unit Sanitation Policy.
(Id. at 19.)
Second, Plaintiffs propose an “Adelanto Forced Labor Class” for the fourth through sixth causes of action: (4) forced labor under CTVPA, Cal. Civ. Code § 52.5; (5) forced labor under the TVPA, 18 U.S.C. §§ 1589(a), 1594(a); and (6) forced and attempted forced labor under the TVPA. The class is defined as follows:
All civil immigration detainees who were detained at the Adelanto ICE Processing Center any time between May 1, 2011 and the date of final judgment in this matter.
(Id.) Plaintiffs urge that the Adelanto Forced Labor Class be divided into two subclasses:
(1) The Work Program Subclass: All individuals who participated in the Voluntary Work Program at any point during their detention.
(2) The Uncompensated Work Program Subclass: All individuals who participated in the Uncompensated Work Program at any point during their detention.
(Id.)
Finally, Plaintiffs propose a “Nationwide HUSP Class,” for the fifth and sixth causes of action: (5) forced labor under the TVPA; and (6) forced and attempted forced labor under the TVPA. The HUSP class is defined as:

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All civilly detained immigrants who (i) were detained at any civil immigration detention center owned or operated by GEO in the United States between December 19, 2007 and the date of final judgment in this matter, and (ii) were subject to a GEO Housing Unit Sanitation Policy (HUSP) at any point during their detention.
(Id.) Plaintiffs propose to exclude four categories of detainee from the nationwide class:
(1) individuals detained in GEO’s family residential detention facility in Karnes City, Texas; (2) individuals detained in the Alexandria Staging Facility in Alexandria, Louisiana; (3) any individual detained in the custody of the U.S. Marshalls [sic] or any other law enforcement agency at a GEO facility where the company also detains civil immigration detainees pursuant to contracts with ICE; and (4) civilly detained immigrants held at the Aurora ICE Processing Center in Aurora, Colorado at any time before October 22, 2014.
(Id. at 19-20.) The Court includes a summary chart below for ease of comparison between the proposed classes.
// // // // // // // // // // // // // // // // // // // // // // // // //

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Proposed Class Cut-off Date Facility Causes of Action
Relevant GEO Program Alleged9
Type of Rule 23(b) certification sought

Summary of Proposed Classes and Subclasses

Adelanto Wage

Adelanto Forced Labor (and subclasses)

Housing Unit Sanitation Policy (“HUSP”)

12/19/2014

5/1/2011

12/19/2007

Adelanto

Adelanto

GEO facilities Nationwide, including Adelanto

Cal. Wage law, Unfair Competition Law, and Unjust Enrichment (claims 1 - 3)

CTVPA, TVPA, attempted TVPA (claims 4 - 6)

TVPA (claims 5, 6)

Work Program (“WP”), Uncompensated Work Prog. (“UWP”), HUSP

WP Subclass: WP, Deprivation Policy

HUSPs

UWP Subclass: UWP, Deprivation Policy

23(b)(3)

23(b)(3) 23(b)(2)

23(b)(2)

// // // // // //

9 Plaintiffs’ summary chart, (Wright Decl. at Ex. 32), includes the Deprivation Policy for some classes and not others. However, the class definitions do not explicitly mention the Deprivation Policy, and the recently-filed TAC also makes no mention of the Deprivation Policy. The Court understands “Deprivation Policy” as a catchall term for the alleged custom at Adelanto of failing to provide certain necessities.

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C. Rule 23(a) Requirements
1. Numerosity
Rule 23(a)(1) requires the class to be so numerous that joinder of individual class members is impracticable. See Fed. R. Civ. P. 23(a)(1). There is no particular number cut-off, as the specific facts of each case may be examined. Ballard v. Equifax Check Servs., Inc., 186 F.R.D. 589, 594 (E.D. Cal. 1999). Courts have not required evidence of exact class size or the identities of class members to satisfy the requirements of Rule 23(a)(1). See Robidoux v. Celani, 987 F.2d 931, 935 (2d Cir. 1993).
a. Contentions of the Parties
Plaintiffs argue numerosity is satisfied with regard to the Adelanto Wage and Adelanto Forced Labor classes because Adelanto houses up to 1,940 individuals each day, with a “guaranteed minimum” of 1,455 beds (Mot. at 20.) Likewise, the Adelanto “Facility Administrator/Warden” estimated at his deposition that 200 to 300 detainees were eligible to report for a Work Program shift in the kitchen alone. (Id. (citing Wright Decl. at Ex. 4, pp. 190:5191:6 (attaching the Deposition of James Janeka)).) Furthermore, Plaintiffs argue, GEO sought reimbursement from ICE for more than 30 thousand Work Program Shifts from September 2014 to August 2015. (Id. at 21 (citing Wright Decl. at Ex. 33).) Plaintiffs argue this evidence is sufficient to establish numerosity for the Adelanto Wage and Adelanto Forced Labor Classes. The Nationwide HUSP Class is even more numerous, Plaintiffs contend, because GEO facilities house thousands of immigration detainees each day, and the same HUSP and discipline policy applies to each. (Id.; see also Wright Decl. at Ex. 34.)
Defendant argues that assertions of numerosity must be accompanied by evidence. (Opp’n at 31 (citing Newberry v. Cty. of San Bernardino, 2015 WL 9701153, at *4 (C.D. Cal. July 23, 2015), aff d, 750 F. App’x 534 (9th Cir. 2018)). GEO claims that although Adelanto may have a capacity for 1,950 detainees, the maximum capacity does not bear on the number of individuals who likely participated in the Work Program, let alone those who were aggrieved by it. (Id. at 32.) Similarly, with regard to the testimony of the Adelanto warden, GEO contends that the number of workers eligible for kitchen work on a given day does not prove the number of workers actually participating. (Id.) GEO then points to Plaintiffs’ depositions and argues that Plaintiffs personally knew only 21 to 38 individuals who “may” be potential class members. (Id. at 33.) Plaintiffs have no way of knowing, Defendant argues, who “voluntarily chose” to work. (Id.) Detainees might choose to work “for personal reasons” or because they “wished to make new friends.” (Id. at 34.) As to the nationwide HUSP, Defendant objects that the Motion is devoid of evidence that the HUSPs applied at other facilities.
b. Analysis
As to the numbers of detainees who experience GEO’s HUSPs, the capacity of GEO facilities is surely relevant, as the HUSPs allegedly apply throughout Adelanto and other GEO

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facilities. Although Plaintiffs only include details of the HUSP at Adelanto, GEO does not respond to Plaintiffs’ argument that it conceded that the HUSPs are a companywide policy by failing to respond to RFAs on this subject. (Wright Decl. at Ex. 34.)
Plaintiffs also satisfy the numerosity requirement as to the Work Program-related classes by attaching evidence that large numbers of detainees participated in the Work Program. GEO has no response to Plaintiffs’ evidence that GEO requested reimbursement for more than 30,000 work program shifts over roughly a year. GEO also concedes that Plaintiffs alone knew up to 38 individuals who participated in the work program.
As to the number of detainees likely impacted by the alleged Uncompensated Work Program, the Court notes the following evidence. Plaintiffs attached a GEO form for detainees to apply for paid position in the Work Program. (Wright Decl. Ex. 17, Dkt. No. 193-17). The form states that 40 paid positions exist in the “work member detail program.” (Id.) On the same form, detainees are asked if they were willing to work voluntarily, if paid positions were filled. (Id.) The balance of the evidence is clear that a large number of individuals, far more than 40, participated in the Work Program over the months and years. In combination with Plaintiffs’ declarations regarding uncompensated work details, the Court finds many detainees performed uncompensated labor. The numerosity requirement is therefore satisfied.
2. Typicality of claims
The Court next turns to the typicality element of Rule 23(a). “The purpose of the typicality requirement is to assure that the interest of the named representative aligns with the interests of the class.” Wolin v. Jaguar Land Rover North Am., LLC, 617 F.3d 1168, 1175 (9th Cir. 2010). “The test of typicality ‘is whether other members have the same or similar injury, whether the action is based on conduct which is not unique to the named plaintiffs, and whether other class members have been injured by the same course of conduct.’” Ellis v. Costco Wholesale Corp., 657 F.3d 970, 984 (9th Cir. 2011) (quoting Hanon v. Dataproducts Corp., 976 F.2d 497, 508 (9th Cir. 1992)). Thus, typicality is generally satisfied if the plaintiff’s claims are “reasonably co-extensive with those of absent class members; they need not be substantially identical.” Caput v. NTT Sec. US Inc., 2019 WL 3308771, at *3 (C.D. Cal. Apr. 19, 2019) (quoting Hanlon v. Chrysler Corp, 150 F.3d 1011, 1020 (9th Cir. 1998)). Moreover, satisfying the typicality prong requires, in the least, that “a class representative must be part of the class.” General Telephone Co. of Sw. v. Falcon, 457 U.S. 147, 156 (1982).
a. Contentions of the Parties
Plaintiffs contend that they satisfy the typicality requirement, because they all suffered the same alleged injury: they are current or former immigration detainees held at Adelanto, which applied the “same uniform policies and practices” to them, resulting in the “same injuries as all absent class members.” (Mot. at 26.) Each Plaintiff, and absent class member, claims they received no wages or below minimum wages and suffered the same kind of financial injury, because GEO threatened, or made detainees believe, that they would suffer physical or legal

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consequences if they did not work, under the Uncompensated Work Program, Work Program, and Deprivation Policy (Id.) With regard to the HUSPs, each Plaintiff shares the same theory, that they completed cleaning assignments because they were threatened with or were made to believe they would otherwise suffer “serious harm or physical restraint.” (Mot at 26-27 (citing Menocal, 882 F.3d at 917.)
GEO argues that Plaintiffs’ concerns are not the result of a common policy, and that they will be preoccupied fending off attacks on their individual credibility. (Opp’n at 27.) GEO contends Plaintiffs never encountered adverse legal consequences and cannot point to any serious harm they suffered. (Id.) The company states Plaintiffs’ own declarations and commissary records show they were not deprived of necessities such as soap, water, or toothpaste, and could purchase candy and snacks. (Id.) Nor were Plaintiffs subjected to a common policy, because they were supervised by different guards or were in different dorms, and engaged in different cleaning tasks. (Id. at 28.) GEO also argues Plaintiffs cannot represent a nationwide class, because they have no knowledge of other facilities. (Id. at 29.) GEO concludes by challenging typicality based on (1) the different limitations periods applicable to each Plaintiff, and (2) Karim’s location in Somalia, which they argue puts him out of reach of this Court and will consume class resources. (Id. at 30-31.)
Plaintiffs reply that the their somewhat different experiences are no bar to typicality if they were subjected to a common practice or policy. (Reply at 17 (citing Brown v. Abercrombie & Fitch Co., 2015 WL 9690357, at *15 (C.D. Cal. July 16, 2015).) Similarly, Plaintiffs, who were detained at Adelanto, can represent a nationwide class of individuals subjected to an “enterprisewide policy or practice” such as the HUSP. (Id.) As to the statute of limitations argument, Plaintiffs point again to the Menocal decision, which found typicality where the named class representatives were not detained for the full period of operation covered in the class definition. (Id. at 18.) As to Defendant’s argument regarding Karim, Plaintiffs state simply that his current location and status as a deportee do not impact the typicality analysis, which turns on the typicality of his claims as compared to the class he wishes to represent.
b. Analysis
The key inquiry for typicality in this case is whether each Plaintiff states he suffered an injury arising from each of the programs described. If a Plaintiff did not suffer injury arising from a program, he is not a member of a proposed class based on the alleged illegality of that program, and cannot represent members of the proposed class.
The Court begins by analyzing typicality with regard to the Work Program-related classes. Novoa states he worked as a janitor and as a barber in the Work Program, (Novoa Decl. ¶¶ 7, 8). He states he participated in order to buy certain necessities. (Id. ¶ 15.) Fuentes similarly joined the Work Program as a janitor, cleaning windows, floors, showers, bathrooms, and communal areas, and as a laundryman. (Fuentes Decl. ¶¶ 7, 8). He participated in order to obtain daily necessities. (Id. ¶ 11.) Karim, likewise, participated as a porter, and in the kitchen, for the purpose of buying necessities. (Karim Decl. ¶¶ 6, 8, 17.) Finally, Mancia currently works in the

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kitchen under the Work Program, with a dozen others. (Mancia Decl. ¶ 7.) He works to buy necessities such as food and hygiene items.
The Court finds Plaintiffs’ experiences typical of the proposed Work Program class. Although their situations were not identical, they all have the same theory of injury, which if proven, could establish their California wage law, unfair competition, and unjust enrichment claims. Each Plaintiff provides evidence that GEO prevented him from doing outside work, and provided the equipment and training necessary to complete required tasks. All Plaintiffs participated in the same facility-wide Work Program policy, and for similar reasons. Although their individual perceptions of need and motivations for joining the Work Program undoubtedly vary, Plaintiffs allege a facility-wide custom of providing insufficient daily necessities.10 The Court therefore finds the typicality requirement satisfied for each named Plaintiff.
Next, the Court considers the Uncompensated Work Program-related classes. Novoa does not state in his declaration that he participated in Work Program crews without being paid, and so his claim is not typical of the Uncompensated Work Program Subclass, and he might not be a member. However, the remaining Plaintiffs’ claims are typical of the proposed classes. Fuentes states he joined in work shifts and was sometimes paid nothing at all or was only given extra portions of food. (Fuentes Decl. ¶ 9.) Karim states he was not paid at all for his work as a porter for the first three months on the job and he was required to work for free before being “hired” into the work program. (Karim Decl. ¶ 7.) GEO officials also required him to work without compensation for certain periods after he was hired as a porter and before receiving pay for kitchen work. (Id. ¶¶ 7, 9.) Mancia, who is still detained, works without pay as a porter. (Mancia Decl. ¶ 8.) As a result, three of the four named Plaintiffs suffered injuries and bring claims typical of the Uncompensated Work Program Subclass. The conduct they complain of is not unique to them and they show a strong likelihood that other detainees may have been harmed in the same way.

10 GEO’s Opposition includes a chart listing inconsistencies between the above-cited declarations and deposition testimony by each Plaintiff. (Opp’n at 22.) The chart is unpersuasive, because the cited discrepancies are trivial and do not rebut the gravamen of each Plaintiffs’ claim. Some of the inconsistencies may be explained by the passage of time or language differences. For instance, GEO remarks that Karim declared he was denied hygiene items, then later stated he was not familiar with deodorant. (Opp’n at 25.) But the deposition transcript shows Karim did not recognize the word. (DeLaney Decl. at Ex. D, pp. 30-31, 84 (“I didn’t know English very well.”).) Likewise, the fact that a detainee is sometimes provided with free shampoo, soap, or toothpaste does not establish that there were not times they were not. (Id. at 32 (“sometimes when you need it at the right time . . . they don’t used to give it to us.”).) Similarly unpersuasive is GEO’s emphasis on Plaintiffs’ purchase of unhealthy snacks such as chips, cookies, or candy. Plaintiffs point out the commissary “does not sell fresh fruit, vegetables, lean proteins, or complex carbohydrates.” (Reply at 15 (citing Hillers Decl. at Ex. S).)

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As to the HUSP-related classes, Plaintiffs state as follows. Novoa understood from his review of the detainee handbook, refusing orders to clean subjects detainees to disciplinary action, and was threatened with disciplinary action on several occasions. (Novoa Decl. ¶ 12.) He was forced to transfer units after complaining, and thought officers retaliated against him by “tossing” his cell. (Id.). Fuentes also cleaned areas of Adelanto for no compensation, but under threat of being restricted to his cell or having rights, such as attorney visits, suspended. (Fuentes Decl. ¶ 14.) Karim states he had to clean areas of Adelanto, apparently outside the work program, without pay, including visitation areas, the kitchen, and the yard. (Karim Decl. ¶ 10, 11.) Karim was threatened with disciplinary action, and found the threats credible based on his review of the detainee handbook. (Id. ¶ 13.) Mancia notes that GEO officials routinely “require detainees to clean areas of [Adelanto] for no compensation.” (Mancia Decl. ¶ 10.) He personally has been instructed to paint the dining hall, clean the medical unit, and clean the recreation yard. (Id.) Both Mancia and Karim state they believed, based on the handbook, they could be disciplined for failure to complete such cleaning orders. Based on these declarations and the Adelanto policies comprising the HUSP submitted by Plaintiffs, the Court finds Plaintiffs suffered the same or similar injuries, and satisfy typicality as to members of a nationwide HUSP class. The Court is also persuaded the injuries Plaintiffs allege are “reasonably co-extensive” with those of detainees at other GEO facilities, in light of (1) the Menocal decision certifying a similar HUSP class, 320 F.R.D. 258, and GEO’s failure to respond to Plaintiffs’ RFAs or to otherwise show similarly expansive sanitation policies do not exist at its other facilities. Hanlon, 150 F.3d at 1020.
The Court disagrees with GEO that Karim’s status as a deportee in Somalia makes him atypical and thus an inappropriate class representative. The Court also disagrees with Plaintiffs that his current location has no bearing on the typicality analysis. Although the focus of typicality is the injury claimed, it also extends to the interests of class members. That Karim is located outside of the United States positions him well to represent the interests of others similarly situated. Certainly, the claims of the named Plaintiffs, including Karim, and the claims of class members “are so interrelated that the interests of the class members will be fairly and adequately protected in their absence.” Dukes, 564 U.S. at 349 n.5. The geographic dispersion of class members speaks to the impracticability of joinder and the judicial economy of class certification.
Nor does a difference in the amount of damages or the type of relief sought destroy typicality for any of the proposed classes. “[T]he mere fact that there might be differences in damage calculations is not sufficient to defeat class certification.” In re Hyundai & Kia Fuel Econ. Litig., 926 F.3d 539, 560 (9th Cir. 2019) (quoting Pulaski & Middleman, LLC v. Google, Inc., 802 F.3d 979, 987 (9th Cir. 2015)); Leyva v. Medline Indus. Inc., 716 F.3d 510, 513–514 (9th Cir. 2013) (holding the need for individualized damages determinations alone will not defeat certification, even under the more stringent predominance requirement). The typicality requirement can be met notwithstanding varying fact patterns supporting class member claims, and this extends to disparity in damages by the representative plaintiffs. The benchmark is similarity of interest and of injury.

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The relevant statutes of limitation also do not preclude a finding of typicality here. Although some district courts have rejected certification where the representative’s claims are subject to a statute of limitations defense, Vizzi v. Mitsubishi Motors N. Am., Inc., 2010 WL 11515266, at *2 (C.D. Cal. Feb. 22, 2010) (collecting cases), that is not GEO’s contention here. (Opp’n at 29.) GEO does not show that for each claim there is not at least one named Plaintiff whose claim is within the limitations period, and only argues that the named Plaintiffs were detained at different times. Unlike many cases where courts have found typicality lacking, this action does not involve a sole named plaintiff whose claims are obviously time barred and where denial of class certification, and dismissal of the action, would be warranted.
GEO also protests the fact that the cut-off date for the Nationwide HUSP class extends to December 2007, long before May 2011, the date GEO started operating Adelanto. (Opp’n 1 n.2.) Plaintiffs presumably chose this cut-off date because of the TVPA’s ten-year limitations period, calculating back from the date they commenced the action. The Court agrees the date would be unreasonable as applied to Adelanto. But the proposed HUSP class is nationwide in scope. GEO may have operated other facilities and applied the HUSPs prior to May 2011. Thus, the proposed cut-off date is appropriate, with a clarification that members must have been at a facility while GEO operated it.
3. Commonality
Courts have construed Rule 23(a)(2)’s commonality requirement permissively. See Staton v. Boeing Co., 327 F.3d 938, 953 (9th Cir. 2003). All questions of fact and law need not be common to satisfy the rule. The existence of shared legal issues with divergent factual predicates is sufficient, as is “a common core of salient facts coupled with disparate legal remedies [within the class].” Jimenez v. Allstate Ins. Co., 765 F.3d 1161, 1165 (9th Cir. 2014) (quoting Hanlon, 150 F.3d at 1019). Nevertheless, “[c]ommonality requires the plaintiff to demonstrate that the class members ‘have suffered the same injury,’” which “does not mean merely that they have all suffered a violation of the same provision of law.” Dukes, 131 S. Ct. at 2551 (citation omitted). The “claims must depend upon a common contention” and that common contention “must be of such a nature that it is capable of classwide resolution—which means that determination of its truth or falsity will resolve an issue that is central to the validity of each one of the claims in one stroke.” Id. The common question or questions must also generate common answers that will be “apt to drive the resolution of the litigation,” which turns on the nature of the underlying legal claims in the case. Jimenez, 765 F.3d at 1165 (quoting Abdullah v. U.S. Sec. Associates, Inc., 731 F.3d 952, 962 (9th Cir. 2013)). Thus, commonality requires an understanding of the nature of the underlying claims. Id. (citing Parsons v. Ryan, 754 F.3d 657, 676 (9th Cir. 2014)).
a. Contentions of the Parties
Plaintiffs point to several common questions of law or fact. First, with regard to the AWC, there is the question of whether GEO is an “employer” of detained worker “employees” under California minimum wage law; whether GEO violated California minimum wage law; whether GEO was unjustly enriched by paying less than it was required to; and whether federal

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law preempts California minimum wage claims. (Mot. at 22.) The factual questions presented involve, among other questions: GEO’s degree of control over detainee labor and rate of pay; training and equipment provided; and any restrictions on outside employment. The “truth or falsity” of Plaintiffs’ claims of an employee relationship turn on this same factual predicate. (Id. (citing Wal-Mart, 564 U.S at 350).) Plaintiffs point to evidence that the same WP (and by extension the same UWP) applies for all the class members at Adelanto. (Id. citing Wright Decl. at Ex. 15 (attaching WP policy).) They contend the nature of the relationship is the same for all putative class members. (Id.)
With regard to the HUSP class, Plaintiffs state they will each have to demonstrate whether GEO obtained their labor by improper means, including threats of harm, to satisfy the TVPA standard. (Mot. at 24.) The “lynchpin” of the serious harm analysis under the TVPA is whether serious harm was threatened and whether the employer intended the employee to believe harm would occur. (Id. at 23 (citing U.S. v. Dann, 652 F.3d 1160, 1170 (9th Cir. 2011).) Plaintiffs state that the legal question is common to all: a reasonable person analysis, such that one could determine whether the Defendant’s scheme compelled Plaintiffs, who were in a like situation as immigration detainees, to work. (Id. (citing Tanedo v. East Baton Rouge Parish School Board, 2011 WL 7095434 (C.D. Cal. Dec. 12, 2011).) Common factual questions may include whether and how GEO forces, coerces or compels detainees at GEO immigration detention centers nationwide to work for no pay, by requiring them to perform work beyond the four personal housekeeping tasks in the PBNDS. (Id. at 24.) Plaintiffs point to Menocal for the proposition that the HUSP at Aurora applies uniformly. (Id. (citing 320 F.R.D. 258 at 264).) Plaintiffs state the Adelanto Forced Labor Class’s legal and factual questions will be substantially similar to those presented by the Nationwide HUSP Class. (Id. at 24-25)
GEO approaches the commonality (and predominance) inquiry by pointing to factual questions that may produce answers individual to each Plaintiff: (1) whether Plaintiffs were deprived of “necessities” requiring them to work for a dollar a day; (2) whether they risked serious harm if they did not work; and (3) whether uncompensated work is required or permitted by ICE. (Opp’n at 19.) On the first point, they argue that the extent to which a particular detainee felt compelled to participate in the VWP is “highly individualized,” because each Plaintiff has a different understanding of what constitutes a necessity. (Id. at 17.) Second, GEO contests as a factual matter that any detainee was deprived of meals, water or necessities, or placed in solitary confinement for failing to work. (Opp’n at 19.) Any alleged threat of harm, Defendant contends, is specific to each Plaintiff. Third, GEO disputes that the HUSPs violate the PBNDS, because ICE reviewed and signed off on the policies. (Id. at 20 (citing Ragsdale Decl. ¶¶ 6-7).) Similarly, each facility has its own “local policies” which reflect the PBNDS standards, (id. citing ECF 193-4 at 9), and Plaintiffs cite no evidence regarding how an HUSP is applied at any other facility, (id.).
b. Analysis: Commonality and Predominance
The Court analyzes commonality under Rule 23(a) and predominance under Rule 23(b)(3) together, because the latter is an extension of the former, and is more stringent.

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Comcast Corp. v. Behrend, 133 S. Ct. 1426, 1432 (2013) (“Rule 23(b)’s predominance criterion is even more demanding than Rule 23(a) . . . Rule 23(b) requires that courts take a close look at whether common questions predominate over individual ones.”) (citations omitted). “The predominance inquiry asks whether the common, aggregation-enabling, issues in the case are more prevalent or important than the non-common, aggregation-defeating, individual issues. When one or more of the central issues in the action are common to the class and can be said to predominate, the action may be considered proper under Rule 23(b)(3) even though other important matters will have to be tried separately, such as damages or some affirmative defenses peculiar to some individual class members.” Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036, 1045 (2016) (citations and internal quotations omitted.)
First, the Court notes the commonality and predominance analysis as to the Menocal HUSP Class and TVPA claim was exhaustively covered by the Menocal court. Menocal, 320 F.R.D. 258, 265 (D. Colo. 2017) (finding commonality and predominance satisfied with respect to detainees’ TVPA claim, arising out of the HUSP at GEO’s Aurora Colorado facility). Menocal is instructive, because Plaintiffs also bring TVPA (and related CTVPA) claims on behalf of the Adelanto Forced Labor Class, which they seek to certify under both Rule 23(b)(2) and (b)(3). Unlike the Menocal plaintiffs, Plaintiffs here seek certification of the Nationwide HUSP Class only under 23(b)(2). The District Court in Menocal found that common issues predominated in plaintiffs’ TVPA claim, and the Court agrees with that analysis.11 Thus,

11 As described in Part II.C. above, the elements of a CTVPA and TVPA claim overlap significantly. One key similarity is the reasonable person analysis, which is susceptible to classwide resolution. The first CTVPA element is whether the defendant “either deprived another person of personal liberty or violated that other person’s personal liberty.” Halim, 14 Cal. App. 5th at 643. The Cal. Penal Code defines deprivation or violation of personal liberty of another as:
substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.
Cal. Penal Code § 236.1(h)(3) (emphasis added). Several aspects of this definition are subject to class-wide demonstration, including (1) generalized threats or duress in the terms of the alleged policies, and (2) the question of whether a reasonable detainee would believe the threats. The second element of a CTVPA offense focuses on the defendant’s intent to obtain forced labor or services. Here, the analysis would turn on Defendant’s alleged overall scheme, and under Plaintiffs’ case theory, the common questions in this regard would be overpowering.
Several courts have also found the CTVPA and TVPA to overlap. See Lesnik v. Eisenmann SE, 374 F. Supp. 3d 923, 954 (N.D. Cal. 2019) (allowing the CTVPA claim to survive to the same extent as the Trafficking Victim Protection Reauthorization Act

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Plaintiffs have shown commonality and, where needed, predominance, for their TVPA and CTVPA claims. These claims are relevant to the Nationwide HUSP Class and Adelanto Forced Labor subclasses.
Menocal also analyzed the plaintiffs’ unjust enrichment claim under Colorado law, and found that the claim does not compel individualized inquiry. 320 F.R.D. at 268. There is a split of authority in California regarding whether unjust enrichment is an independent cause of action, or merely another name for restitution. See Kosta v. Del Monte Corp., 2013 WL 2147413, at *14 n.8 (N.D. Cal. May 15, 2013) (explaining split of authority). The Court agrees with those cases holding that unjust enrichment is not an independent cause of action, and is only a claim for restitution. See Ang v. Bimbo Bakeries USA, Inc., 2013 WL 5407039, at *11 (N.D. Cal. Sept. 25, 2013) (citing Hill v. Roll Internat. Corp., 195 Cal. App. 4th 1295, 1307 (2011) (“Unjust enrichment is not a cause of action, just a restitution claim.”)). Thus, the Court focuses its analysis on the commonality, and eventually the predominance, aspects of Plaintiffs’ remaining causes of action on behalf of the Adelanto Wage Class.
The Court finds that the commonality and predominance requirements of Rule 23 are satisfied as to the California wage law and unfair competition claims. Each Plaintiff and proposed class member would bring the same state law causes of action with the same elements, and the elements subject to common proof would predominate.
First, the Court examines the wage law claim. Whether GEO may be deemed an “employer” under the alternative definitions in Martinez v. Combs, is a dominating question shared by Plaintiffs and the putative Adelanto Work Program class members. Their claims of an employment relationship hinge on the terms and features of GEO’s Work Program, Uncompensated Work Program, and HUSP, which apply uniformly throughout Adelanto. It is well-established that “[P]redominance in employment cases is rarely defeated on the grounds of differences among employees so long as liability arises from a common practice or policy of an employer.” Senne v. Kansas City Royals Baseball Corp., 934 F.3d 918, 938 (9th Cir. 2019) (quoting 7 Newberg on Class Actions § 23:33 (5th ed. 2012)). Blanket corporate policies “often bear heavily on questions of predominance and superiority.” Id. (quoting In re Wells Fargo Home Mortg. Overtime Pay Litig., 571 F.3d 953, 958 (9th Cir. 2009)). Here, Plaintiffs claim GEO exercised control over their hours or working conditions, and/or “suffer[ed] to permit

(“TVPRA”) claim); Lesnik v. Eisenmann SE, 2018 WL 4700342, at *15 (N.D. Cal. Oct. 1, 2018) (“[T]he California statutes at issue mirror the TVPRA.”). The abbreviations TVPA and TVPRA are used interchangeably. Since the passage of the TVPA in 2000, Public L. No. 106-386, 114 Stat 1464 (2000), several reauthorizations have been passed amending the TVPA. For example, the TVPRA of 2003 created a civil right of action for a victim of criminal trafficking offenses, see Public L. No. 108-193, 117 Stat 2875 (2003), and the 2008 reauthorization extended the civil remedy provision to allow recovery against “whoever knowingly benefits, financially or by receiving anything of value . . . .” Public. L. No. 110-457 § 221, 122 Stat. 5044 (2008).

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[them] to work” under the same uniform policies or company-wide practices. Martinez, 49 Cal. 4th at 64.
Second, common questions will predominate for Plaintiffs’ unfair competition claim, which is derivative of the underlying wage law violation. California’s Unfair Competition Law is a broad remedial statute that permits an individual to challenge wrongful business conduct “in whatever context such activity might occur.” Cel–Tech Commc’ns, Inc. v. Los Angeles Cellular Tele. Co., 20 Cal. 4th 163 (1999). A claim under California’s Unfair Competition Law requires a showing of either an unlawful, unfair, or fraudulent business act or practice, or an unfair, deceptive, untrue, or misleading advertising. Lundy v. Selene Finance, LP, 2016 WL 1059423, at *17 (N.D. Cal. Mar. 17, 2016) (citing Steward v. Life Ins. Co. of N. Am., 388 F. Supp. 2d 1138, 1143 (E.D. Cal. 2005)). Here, the Adelanto Wage Class’s claim of unfairness does not hinge on any individualized inquiry specific to Plaintiffs. Rather they claim GEO fraudulently, unfairly, or unlawfully induced them to work under the same Adelanto and Nationwide policies. GEO cannot explain why it would be fairer to induce a detainee to scrub a kitchen sink for free than to wax hallway floors, or less fraudulent to induce under threat of discipline a wealthy detainee to work as compared to an indigent one. Nor do Work Program participants agree to work as a result of their arms-length negotiations with GEO that vary meaningfully from detainee to detainee. They fill out the same application and work under the same conditions. Finally, Plaintiffs’ Unfair Competition claim involves the market incentives to marshal detainee labor for competitive advantage over rival detention companies that follow the strict letter of the PBNDS, or provide more favorable conditions than required by ICE. As a result, the Court finds common issues as to the Unfair Competition Law claim, and also finds that those common issues predominate over any individual questions.
4. Adequacy
Under Rule 23(a)(4), the named plaintiffs must be deemed capable of adequately representing the interests of the entire class, including absent class members. See Fed. R. Civ. P. 23(a)(4) (requiring “representative parties [who] will fairly and adequately protect the interests of the class”). The adequacy inquiry turns on: (1) whether the named plaintiff and class counsel have any conflicts of interest with other class members, and (2) whether the representative plaintiff and class counsel can vigorously prosecute the action on behalf of the class. See Ellis, 657 F.3d at 985. Furthermore, pursuant to Rule 23(g), before appointing class counsel, the Court “must consider” the following matters:
i. the work counsel has done in identifying or investigating potential claims in the action;
ii. counsel’s experience in handling class actions, other complex litigation, and the types of claims asserted in the action;
iii. counsel’s knowledge of the applicable law; and iv. the resources that counsel will commit to representing the class

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Fed. R. Civ. P. 23(g)(1)(A). The Court “may” also consider “any other matter pertinent to counsel’s ability to fairly and adequately represent the interests of the class.” Fed. R. Civ. P. 23(g)(1)(B).
a. Contentions of the Parties
Plaintiffs and their counsel state they can vigorously pursue the action on behalf of the class, and that counsel has the requisite experience and resources to litigate this complex case. (Mot. at 27.) GEO counters that the class representatives are not honest or credible and may have to devote their resources to defending character attacks. (Opp’n at 21.) They include in the body of their briefing a chart “providing specific details of each Plaintiffs’ dishonest statements made under oath.” (Id. at 22-26.)
b. Analysis
The Court discerns no conflict of interest between Plaintiffs, class counsel, and putative class members. Similarly, each Plaintiff has declared he understands the responsibilities of being a class representative and is prepared to cooperate with counsel, and to pursue the interests of all class members. (Novoa Decl. ¶ 19; Fuentes Decl. ¶ 17; Karim Decl. ¶ 20; Mancia Decl. ¶ 17.) GEO challenges Plaintiffs’ adequacy as representatives only on grounds of credibility. The Court has already dismissed the challenge as unpersuasive.12
The Court has reviewed the declarations of Plaintiffs’ counsel and attached credentials and finds they are qualified to vigorously pursue the case on behalf of the class, based on experience handling other class actions. (Charest Decl.; Wolfson Decl.; Free Decl.) At least one attorney is licensed to practice law in California, and all counsel have significant federal court experience. Counsel state they have the resources and staff necessary, and are able to advance the costs of litigation. (Wolfson Decl. ¶ 5.) Based on the extensive exhibits submitted in support of the Motion, the Court also concludes counsel has sufficiently investigated the claims. In sum, Plaintiffs and their counsel have satisfied the adequacy requirements.
D. Rule 23(b) Requirements
Rule 23(b) establishes three categories of class action, and each proposed class much fit into one of the three categories authorized. It is not unusual for a proposed class to be certified under more than one category. 5 Moore’s Federal Practice - Civil § 23.40 (2019).
1. Rule 23(b)(2)
Plaintiffs seek certification of three classes under Rule 23(b)(2): the Adelanto Forced Labor class (divided into a Work Program and Uncompensated Work Program class), and a Nationwide HUSP Class. GEO presents no argument specific to the requirements of Rule

12 Supra note 10.
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23(b)(2), and focuses its Opposition on the prerequisites applicable to all class actions under Rule 23(a).
In the Ninth Circuit, “[i]t is sufficient to meet the requirements of Rule 23(b)(2) [when] class members complain of a pattern or practice that is generally applicable to the class as a whole.” Rodriguez v. Hayes, 591 F.3d 1105, 1125 (9th Cir. 2010) (internal citation and quotation marks omitted) (finding certification under Rule 23(b)(2) proper where “proposed members of the class each challenge Respondents’ practice of prolonged detention of detainees without providing a bond hearing and seek as relief a bond hearing with the burden placed on the government”).
This case concerns various policies and practices applicable to each proposed class that, if unlawful, subject proposed members to coerced labor in violation of the TVPA and CTVPA. The classes also seek essentially the same injunctive relief enjoining GEO from continuing these policies or practices. (Mot. at 28.) Rule 23(b)(2)’s requirements are therefore satisfied here. Hayes, 591 F.3d at 1125; Parsons v. Ryan, 754 F.3d 657, 689 (9th Cir. 2014) (Rule 23(b)(2) satisfied where state department of corrections established policies and practices that placed “every inmate in [] custody in peril” and all class members sought essentially the same injunctive relief).
2. Rule 23(b)(3)
Plaintiffs seek certification of three 23(b)(3) classes: the Adelanto Wage Class, and the two Adelanto Forced Labor Subclasses. The Court has already addressed the predominance aspect of claims relevant to these classes, in Part III.C.3 above. The remaining analysis therefore focuses on superiority, a pragmatic evaluation of the entire action. After consideration of the guidelines in Rule 23(b)(3)(A)-(D) the Court finds that a class action is the superior method of adjudication of the claims.
GEO argues that the vulnerable position of proposed class members, who may be located in different states or countries or may be undocumented, weighs against superiority. (Opp’n at 34-35.) But the fact class members may otherwise be unable to bring their claims due to their tenuous situations only militates in favor of certification. Gunnells v. Healthplan Servs., 348 F.3d 417, 426 (4th Cir. 2003) (superiority was shown when, in absence of class certification, very few individual claims would be brought, because adjudication through class action is superior to no adjudication at all); Menocal, 320 F.R.D. at 270 (“[M]any of the putative class members are immigrant detainees who lack English proficiency. They have limited financial resources and reside in countries around the world. It is very likely that these claims would not be brought by individual detainees, especially considering the case’s innovative nature.”). GEO’s argument against superiority fails, because it does not point to any alternate means of resolution of detainees’ claims. Thus, the superiority analysis here is somewhat truncated by the lack of alternate means. Fear of negative immigration consequences may also deter individual claims, a fact that also weighs in favor of certification. Rodriguez v. Carlson, 166 F.R.D. 465, 479–480

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(E.D. Wash. 1996) (class action was preferred where social factors otherwise deterred individual litigation by migrant workers.)
The Court is aware of other lawsuits asserting the claims brought in this case, in particular with regard to the proposed Nationwide HUSP Class. However, Plaintiffs scope the Nationwide HUSP Class to exclude the Aurora Colorado GEO facility, and thus avoid the creation of a direct overlap with Menocal. Although it is likely some individuals were detained both at the Aurora Colorado facility and facilities covered by the Nationwide HUSP Class, the Court does not detect any prejudice that would result to class members by certification of the nationwide class. Nor does the Court find problematic any overlap between the classes proposed here and the recently certified Nwauzor class action. (Wright Decl. at Ex. 1 (attaching order from Nwauzor v. GEO Group, Inc., No. 17-5769 (W.D. Wash. Sept. 27, 2019)).) The Nwauzor class only includes detainees who participated in the Work Program at GEO’s Northwest Detention Center. (Wright Decl. at Ex. 1.) Conceivably some members of the Nationwide HUSP Class would also be members of the Nwauzor class, but they would be asserting claims arising from different GEO policies. The Court also notes that a member of Plaintiffs’ Counsel, R. Andrew Free, is class counsel in both the Nwauzor and the Menocal actions, and so conflict in strategy to the detriment of class members is unlikely.
IV. CONCLUSION
For the foregoing reasons, the Court (1) GRANTS Plaintiffs’ motion for class certification; (2) DENIES Defendant’s motion to exclude; and (3) VACATES the hearing set for December 2, 2019 on the motion to exclude. A separate class certification order will be filed concurrently herewith, defining the classes and appointing class counsel.
IT IS SO ORDERED.

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 Case 5:17-cv-02514-JGB-SHK Document 252 Filed 04/06/20 Page 1 of 6 Page ID #:5109

1

Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com

2 TX Bar # 24057803

3

Will Thompson (CA Bar # 289012) wthompson@burnscharest.com

4 Warren Burns (admitted pro hac vice)

5

wburns@burnscharest.com TX Bar # 24053119

6 E. Lawrence Vincent (admitted pro hac vice)

lvincent@burnscharest.com 7 TX Bar # 20585590

8 BURNS CHAREST LLP

900 Jackson St., Suite 500 9 Dallas, Texas 75202

10 Telephone: (469) 904-4550

Facsimile: (469) 444-5002 11

12 Additional Counsel on Signature Page

13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

15

16 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and Civil Action No. 5:17-cv-02514-JGB-
17 RAMON MANCIA individually and on SHKx

18 behalf of all others similarly situated, Plaintiffs,
19

PLAINTIFFS’ EX PARTE APPLICATION FOR A

20 v. 21 THE GEO GROUP, INC.,

TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR

22

Defendant.

NATIONWIDE HUSP CLASS

23

Hearing: None Set

24

The Honorable Jesus G. Bernal

25

26

1

PLAINTIFFS’ EX PARTE APPLICATION FOR A

TEMPORARY RESTRAINING ORDER

REQUIRING COVID-19 PREVENTION

MEASURES FOR NATIONWIDE HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 252 Filed 04/06/20 Page 2 of 6 Page ID #:5110

1

Pursuant to Rule 65(b) of the Federal Rules of Civil Procedure and Local Rule

2 65-1, Plaintiffs hereby move this Court for emergency relief in the form of a temporary

3 restraining order directing that GEO to either (a) halt the use of Class Members1 in the

4 provision of work or services under the HUSP program or (b) protect those Class

5 Members who provide HUSP services by (i) providing protective clothing and antiseptic

6 supplies and (ii) conducting testing of all Class Members to detect COVID-19, in light

7 of the serious risks to their health and safety posed by the current COVID-19 pandemic.

8 This Application is supported by the accompanying Memorandum in Support of

9 Plaintiffs’ Ex Parte Application for a Temporary Restraining Order Requiring COVID-

10 19 Prevention Measures for Nationwide HUSP Class, Declarations, and Exhibits filed

11 contemporaneously.

12

Plaintiffs respectfully request that the Court shorten time on, and hear their,

13 concurrently filed motion for expedited discovery, so that it can be heard at the same

14 time as this motion for a temporary restraining order.

15

16

17

18

19

20

21
1 Class Members include any person who is (a) civilly detained at any GEO immigration detention

22 center in the United States and (b) subject to a GEO Housing Unit Sanitation Policy (HUSP) at any

point during their detention excluding (1) individuals detained in GEO’s family residential detention
23 facility in Karnes City, Texas; (2) individuals detained in the Alexandria Staging Facility in Alexandria,

24

Louisiana; (3) any individual detained in the custody of the U.S. Marshall or any other law enforcement agency at a GEO facility where the company also detains civil immigration detainees

25 pursuant to contracts with ICE; and (4) civilly detained immigrants detainees held at the Aurora ICE
Processing Center in Aurora, Colorado at any time before October 22, 2014. Dkt. No. 229 at 2.

26

2

PLAINTIFFS’ EX PARTE APPLICATION FOR A

5:17-cv-02514-JGB

TEMPORARY RESTRAINING ORDER

REQUIRING COVID-19 PREVENTION

MEASURES FOR NATIONWIDE HUSP CLASS

Case 5:17-cv-02514-JGB-SHK Document 252 Filed 04/06/20 Page 3 of 6 Page ID #:5111

1

Counsel of record for Defendants is:

2

Colin Barnacle

3

Christopher J. Eby

4

AKERMAN LLP 1900 Sixteenth Street, Suite 1700

5

Denver, CO 80202

6

T: 303-260-7712 F: 303-260-7714

7

colin.barnacle@akerman.com

christopher.eby@akerman.com 8

9

Damien DeLaney

Ashley Calhoun

10

David Van Pelt

11

Michael Gallion

AKERMAN LLP

12

601 West Fifth Street Suite 300

13

Los Angeles, CA 90071

T: 213-688-9500

14

F: 213-627-6342

15

damien.delaney@akerman.com

ashley.calhoun@akerman.com

16

david.vanpelt@akerman.com

17

michael.gallion@akerman.com

18

Pursuant to Rule 65 of the Federal Rules of Civil Procedure and Local Rule 7-

19 19.1, counsel for Plaintiffs informed counsel for Defendants of the substance and the

20 date of this ex parte application by email on March 18, 2020 and by phone on April 6,

21 2020. Counsel for Defendants did not state whether they oppose the filing of this ex

22 parte application.

23

24

25

26

2

PLAINTIFFS’ EX PARTE APPLICATION FOR A

TEMPORARY RESTRAINING ORDER

REQUIRING COVID-19 PREVENTION

MEASURES FOR NATIONWIDE HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 252 Filed 04/06/20 Page 4 of 6 Page ID #:5112

1 Dated: April 6, 2020 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

Respectfully submitted,
/s/ Daniel H. Charest Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com TX Bar # 24057803 Will Thompson (CA Bar # 289012) wthompson@burnscharest.com Warren Burns (admitted pro hac vice) wburns@burnscharest.com TX Bar # 24053119 E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com TX Bar # 20585590 BURNS CHAREST LLP 900 Jackson St., Suite 500 Dallas, Texas 75202 Telephone: (469) 904-4550 Facsimile: (469) 444-5002
Robert Ahdoot (CA Bar # 172098) rahdoot@ahdootwolfson.com Tina Wolfson (CA Bar # 174806) twolfson@ahdootwolfson.com Theodore W Maya (CA Bar # 223242) tmaya@ahdootwolfson.com Alex R. Straus (CA Bar # 321366) astraus@ahdootwolfson.com AHDOOT & WOLFSON, PC 10728 Lindbrook Drive Los Angeles, California 90024-3102 Telephone: (310) 474-9111 Fax: (310) 474-8585

24 Korey A. Nelson (admitted pro hac vice)

25

knelson@burnscharest.com

26

5

PLAINTIFFS’ EX PARTE APPLICATION FOR A

TEMPORARY RESTRAINING ORDER

REQUIRING COVID-19 PREVENTION

MEASURES FOR NATIONWIDE HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 252 Filed 04/06/20 Page 5 of 6 Page ID #:5113

1

LA Bar # 30002 Lydia A. Wright (admitted pro hac vice)

2

lwright@burnscharest.com

3

LA Bar # 37926 C. Jacob Gower (admitted pro hac vice)

4

jgower@burnscharest.com

5

LA Bar # 34564 BURNS CHAREST LLP

6

365 Canal Street, Suite 1170

New Orleans, LA 70130

7

Telephone: (504) 799-2845

8

Facsimile: (504) 881-1765

9

R. Andrew Free (admitted pro hac vice)

10

andrew@immigrantcivilrights.com

TN Bar # 030513

11

LAW OFFICE OF R. ANDREW FREE

12

P.O. Box 90568

Nashville, TN 37209

13

Telephone: (844) 321-3221

14

Facsimile: (615) 829-8959

15

Nicole Ramos (admitted pro hac vice)

16

nicole@alotrolado.org

NY Bar # 4660445

17

AL OTRO LADO

18

511 E. San Ysidro Blvd., # 333

San Ysidro, CA 92173

19

Telephone: (619) 786-4866

20

21

22

Attorneys for Plaintiffs

23

24

25

26

5

PLAINTIFFS’ EX PARTE APPLICATION FOR A

TEMPORARY RESTRAINING ORDER

REQUIRING COVID-19 PREVENTION

MEASURES FOR NATIONWIDE HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 252 Filed 04/06/20 Page 6 of 6 Page ID #:5114

1

CERTIFICATE OF SERVICE

2

On April 6, 2020, I electronically submitted the foregoing document with the

3 clerk of the court for the U.S. District Court, Central District of California, using the

4 electronic case filing system. I hereby certify that I have provided copies to all counsel

5 of record electronically or by another manner authorized by Fed. R. Civ. P. 5(b)(2).

6

7

/s/ Daniel H. Charest

8

Daniel H. Charest (admitted pro hac vice)

9

dcharest@burnscharest.com TX Bar # 24057803

10

BURNS CHAREST LLP

11

900 Jackson St., Suite 500 Dallas, Texas 75202

12

Telephone: (469) 904-4550

13

Facsimile: (469) 444-5002

14

15

16

17

18

19

20

21

22

23

24

25

26

5

PLAINTIFFS’ EX PARTE APPLICATION FOR A

TEMPORARY RESTRAINING ORDER

REQUIRING COVID-19 PREVENTION

MEASURES FOR NATIONWIDE HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 252-1 Filed 04/06/20 Page 1 of 32 Page ID #:5115

1

Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com

2 TX Bar # 24057803

3

Warren Burns (admitted pro hac vice) wburns@burnscharest.com

4 TX Bar # 24053119

5

E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com

6 TX Bar # 20585590

BURNS CHAREST LLP 7 900 Jackson St., Suite 500

8 Dallas, Texas 75202

Telephone: (469) 904-4550 9 Facsimile: (469) 444-5002

10 Counsel for Plaintiffs
11

12 Additional Counsel on Signature Page

13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

15

16 RAUL NOVOA, JAIME CAMPOS

FUENTES, ABDIAZIZ KARIM,

Civil Action No. 5:17-cv-02514-JGB-

17 AND RAMON MANCIA, individually SHKx

18 and on behalf of all others similarly situated,

19

Plaintiffs,

MEMORANDUM OF POINTS AND AUTHORITIES IN

20 v.
21

SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING

22

THE GEO GROUP, INC., Defendant.

23

ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

24

25

26

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR TRO – COVID19 PREVENTIVE MEASURES

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 252-1 Filed 04/06/20 Page 2 of 32 Page ID #:5116

1 2 I.

TABLE OF CONTENTS INTRODUCTION ................................................................................................ 1

3 II. 4 5 6 7 8

FACTS SUPPORTING EMERGENCY INJUNCTIVE RELIEF .................................................................................................................... 1
A. The Coronavirus Global Pandemic and the National Emergency. ..................................................................................................2
B. HUSP Class Members Face a Severe Risk of Contracting COVID-19 as a Result of GEO’s HUSPs in Each Covered Facility. .......................................................................................................... 5

9

1. GEO’s HUSP programs expose Class Members to

10

the COVID-19 virus on a daily basis. ..........................................5

11

2. Class Members are especially susceptible to

immediate and significant harm from contracting

12

COVID-19. ......................................................................................7

13 3. GEO has failed to protect Class Members while

14

requiring adherence to the HUSP Program. ............................ 11

15 III. 16
17

ARGUMENT ...................................................................................................... 14
A. The Court should grant injunctive relief to protect Class Members during the pendency of this action. ..................................... 15

18

1. Movants are likely to succeed on the merits because

19

compelled participation in the HUSP program under

threat of serious illness or death, or violent reprisals

20

from guards, violates the TVPA’s forced labor

21

prohibition..................................................................................... 15

22

2. Class Members face immediate, irreparable harm

because the HUSP program puts Class Members in a

23

heightened risk of exposure to COVID-19, a serious,

24

potentially life threatening incurable disease............................ 18

25

3. The balance of the equities favors injunctive relief

26

because life and health of Class Members outweighs

GEO’s profits from slave labor. ................................................ 21

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1 2 3 4 IV. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

4. Injunctive relief is in the public interest because the requested relief helps sever the chain of exposure to COVID-19. ................................................................................... 22
B. The Court should grant the relief without requiring a bond............. 23
CONCLUSION................................................................................................... 23

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1

TABLE OF AUTHORITIES

2

Cases 3

4

All. for the Wild Rockies v. Cottrell, 632 F.3d 1127 (9th Cir. 2011) ....................................................................................... 15

5 Amoco Prod. Co. v. Vill. of Gambell,
6 480 U.S. 531 (1987) ........................................................................................................ 21

7 Arc of Cal. v. Douglas, 8 757 F.3d 975 (9th Cir. 2014) ......................................................................................... 21

9 Barrientos et al. v. CoreCivic, Inc., 10 No. 18-15081 (Feb. 28, 2020 11th Cir.) ...................................................................... 17

11 Caribbean Marine Servs. Co. v. Baldrige, 844 F.2d 668 (9th Cir. 1988) ......................................................................................... 18
12
13 Fruth, Inc. v. Pullin, No. CV 3:15-16266, 2015 WL 9451066 (S.D. W. Va. Dec. 23,
14 2015) ................................................................................................................................. 22

15 Garcia v. Google, Inc., 16 743 F.3d 1258 (9th Cir. 2014) ....................................................................................... 20

17 Gen-Probe Inc. v. Bayer Healthcare LLC,

18

No. 05-CV-1668 BEN (WMC), 2006 WL 8455600 (S.D. Cal. Mar. 3, 2006).................................................................................................................... 22

19 Granny Goose Foods,
20 415 U.S. 423 (1974) ........................................................................................................ 15

21 Harris v. Bd. of Supervisors, Los Angeles Cty., 22 366 F.3d 754 (9th Cir. 2004) ...................................................................................19, 22

23 Hernandez v. Wolf, 24 No. 5:20-cv-00617-TJH (KS), at 4 (C.D. Cal. Apr. 1, 2020)............................ passim

25 Jones v. Tex. Dep’t. of Crim. Justice, 880 F.3d 756 (5th Cir. 2018) ......................................................................................... 19
26

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1

Jorgensen v. Cassiday, 320 F.3d 906 (9th Cir. 2003) ......................................................................................... 23

2

Orantes–Hernandez v. Smith, 3 541 F. Supp. 351 (C.D. Cal. 1982) ............................................................................... 23

4 Pashby v. Delia, 5 709 F.3d 307 (4th Cir. 2013) ......................................................................................... 22

6 People v. Halim, 7 14 Cal. App. 5th 632 (2017) .......................................................................................... 16

8 Reno Air Racing Ass’n v. McCord,

9

452 F.3d 1126 (9th Cir. 2006) ....................................................................................... 15

10 Rodde v. Bonta, 357 F.3d 988 (9th Cir. 2004) ......................................................................................... 22
11 Spark Indus., LLC v. Kretek Int’l, Inc.,
12 No. CV 14-5726-GW(ASX), 2014 WL 12600262 (C.D. Cal.

13 July 29, 2014) ................................................................................................................... 18

14 State of California v. Picayune Rancheria of Chukchansi Indians of Cal.,

15

No. 1:14-CV-01593 (LJO-SAB), 2015 WL 9304835 (E.D. Cal. Dec. 22, 2015) ................................................................................................................. 22

16 Stuhlbarg Int’l Sales Co. v. John D. Brush & Co.,
17 240 F.3d 832 (9th Cir. 2001) ......................................................................................... 15

18 Toussaint v. Rushen, 19 553 F. Supp. 1365 (N.D. Cal. 1983)............................................................................. 23

20 U.S. v. Dann, 21 652 F.3d 1160 (9th Cir. 2011) ....................................................................................... 16

22 Unknown Parties v. Johnson, No. CV-15-00250-TUC-DCB, 2016 WL 8188563 (D. Ariz.
23 No. 18, 2016)................................................................................................................... 19
24 Winter v. Nat. Res. Def. Council, Inc.,
25 555 U.S. 7 (2008) ............................................................................................................ 15

26 Statutes

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1 18 U.S.C. § 1589 .............................................................................................................15, 16 2 Cal. Penal Code § 236.1(h)(3) ............................................................................................. 16

3 The California Trafficking Victims Protection Act, Cal. Civ. Code

4

§ 52.5................................................................................................................................. 16

5 Rules

6 11A Charles A. Wright & Arthur R. Miller, Federal Practice and

7

Procedure § 2948.1 (3d ed. rev. 2014) ......................................................................... 18

8 Fed. R. Civ. P. 23(b)(2) .......................................................................................................... 1

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

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1

I. INTRODUCTION

2

This Court has certified a class under Fed. R. Civ. P. 23(b)(2) which includes any

3 person who is (a) civilly detained at any GEO immigration detention center in the United

4 States and (b) subject to a GEO Housing Unit Sanitation Policy (HUSP) at any point

5 during their detention (collectively the “HUSP Class,” and individually “Class

6 Members”).1 Dkt. 229 at 2.

7

As those appointed to represent the HUSP Class with regard to how GEO “has

8 acted or refused to act on grounds that apply generally to the class,” Movants Raul

9 Novoa, Jaime Campos Fuentes, Abdiaziz Karim, and Ramon Mancia request this Court

10 order injunctive relief regarding Class Members’ exposure to Coronavirus Disease 2019

11 (“COVID-19”) requiring GEO to either (a) halt the use of Class Members in the

12 provision of work or services under the HUSP program or (b) protect those detainees

13 who provide HUSP services by (i) providing protective clothing and antiseptic supplies

14 and (ii) conducting testing of all Class Members to detect COVID-19. Given the ongoing

15 HUSP program, the prevalence of COVID-19 in GEO facilities, and the dire and

16 immediate threat of death or serious illness resulting from exposure to COVID-19, the

17 Class Members need immediate help.

18 II. FACTS SUPPORTING EMERGENCY INJUNCTIVE RELIEF
19

20

COVID-19 has found its way into GEO detention facilities. The living conditions

21 encourage the rapid transmission of the virus and exposure to COVID-19 throughout

22 the GEO facilities. And yet, GEO’s HUSPs still force Class Members to clean the

23
1 The HUSP Class excludes (1) individuals detained in GEO’s family residential detention facility in
24 Karnes City, Texas; (2) individuals detained in the Alexandria Staging Facility in Alexandria,

25

Louisiana; (3) any individual detained in the custody of the U.S. Marshall or any other law enforcement agency at a GEO facility where the company also detains civil immigration detainees

26 pursuant to contracts with ICE; and (4) civilly detained immigrants detainees held at the Aurora ICE
Processing Center in Aurora, Colorado at any time before October 22, 2014.

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1 epicenter of COVID-19’s spread at its facilities—the common spaces. GEO provides

2 no protection to these workers, so they are unnecessarily exposed to COVID-19 because

3 of GEO’s HUSP program. The circumstances call for immediate action to protect the

4 Class Members where their ward, GEO, has completely failed.

5 A. The Coronavirus Global Pandemic and the National Emergency

6

7

COVID-19 is a disease caused by a coronavirus that has reached pandemic status.

8 It spreads easily from person to person.2 This Court has recognized the ease by which

9 COVID-19 is spread:

According to the United States Centers for Disease Control and

10

Prevention, the coronavirus is spread mainly through person-to-person

11

contact. More specifically, the coronavirus is spread between people who

are in close contact—within about 6 feet with one another through

12

respiratory droplets produced when an infected person coughs or sneezes.

13

The droplets can land in the mouths or noses, or can be inhaled into the

lungs, of people who are within about 6 feet of the infected person.

14

Moreover, studies have established that the coronavirus can survive up to

15

three days on various surfaces.3

16

As of April 5, 2020, 304,826 people in the United States have confirmed

17 diagnoses, and 7,616 Americans have died after contracting COVID-19.4 These

18 numbers are expected to grow exponentially. The Centers for Disease Control and

19

20

2 Centers for Disease Control and Prevention, How COVID-19 Spreads, available at https://www.cdc.gov/coronavirus/2019-ncov/prepare/transmission.html (last accessed Apr. 3,

21 2020).

3 Hernandez v. Wolf, No. 5:20-cv-00617-TJH (KS), at 4 (C.D. Cal. Apr. 1, 2020) (Temporary Restraining
22 Order and Order to Show Cause); Centers for Disease Control and Prevention, How COVID-19

23

Spreads, available at https://www.cdc.gov/coronavirus/2019-ncov/prepare/transmission.html (last accessed Apr. 3, 2020) (noting the virus spreads “between people who are in close contact with one

24 another (within about 6 feet)” and “through respiratory droplets produced when an infected person
coughs or sneezes”).

25 4 Centers for Disease Control and Prevention, Cases in U.S. (updated Apr. 6, 2020),

26 https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/cases-in-us.html (last accessed Apr. 6,
2020).

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1 Prevention (CDC) expects that most people in the United States will be exposed to the

2 virus “[i]n the coming months.”5 Projections by the CDC indicate that over 200 million

3 people in the United States could be infected with COVID-19 without effective public

4 health intervention.6 The CDC estimates COVID-19 could kill between 200,000 and 1.7

5 million people in the United States and hospitalize between 2.4 and 21 million.7

6

COVID-19’s prolific growth is particularly troublesome in light of its devastating

7 health effects. COVID-19 can cause pneumonia, multi-organ failure, and death.8 There

8 is no vaccine for COVID-19, and there is no known medication to prevent or treat the

9 disease.9 The only known effective measures to reduce the risk for vulnerable people

10

11 5 Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available at

12 http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed Apr. 3,
2020); see also Hernandez v. Wolf, No. 5:20-cv-00617-TJH (KS), at 5 (C.D. Cal. Apr. 1, 2020)

13 (Temporary Restraining Order and Order to Show Cause) (“COVID-19 is highly contagious and has

a mortality rate ten times greater than influenza. Most troublesome is the fact that people infected
14 with the coronavirus can be asymptomatic during the two to fourteen-day COVID-19 incubation

15

period. During that asymptomatic incubation period, infected people are, unknowingly, capable of spreading the coronavirus.”).

16 6 Sheri Fink, Worst-Case Estimates for U.S. Coronavirus Deaths, N.Y. Times, Mar. 13, 2020, (updated Mar.
18, 2020), available at https://www.nytimes.com/2020/03/13/us/coronavirus-deaths-estimate.html
17 (last accessed Apr. 3, 2020).

18 7 Sheri Fink, Worst-Case Estimates for U.S. Coronavirus Deaths, N.Y. Times, Mar. 13, 2020 (updated Mar.

18, 2020), available at https://www.nytimes.com/2020/03/13/us/coronavirus-deaths-estimate.html
19 (last accessed Apr. 3, 2020); see also Hernandez v. Wolf, No. 5:20-cv-00617-TJH (KS), at 5 (C.D. Cal.

20

Apr. 1, 2020) (Temporary Restraining Order and Order to Show Cause) (“[N]o age group is safe from COVID-19. While older people with pre-existing conditions are the most vulnerable to

21 COVID-19-related mortality, young people without preexisting conditions have, also, succumbed to
COVID-19.”).

22 8 Centers for Disease Control and Prevention, What you need to know about coronavirus disease 2019

23

(COVID-19), available at https://www.cdc.gov/coronavirus/2019-ncov/downloads/2019-ncovfactsheet.pdf (last accessed April 3, 2020).

24 9 Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available at

25

http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed April 3, 2020); Centers for Disease Control and Prevention, Implementation of Mitigation Strategies for Communities

26 with Local COVID-19 Transmission, available at https://www.cdc.gov/coronavirus/2019-
ncov/downloads/community-mitigation-strategy.pdf (last accessed April 3, 2020).

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1 from injury or death from COVID-19 are to prevent them from being infected in the

2 first place. Social distancing, i.e., physical separation from known or potentially infected

3 individuals, and vigilant hygiene, including washing hands with soap and water, are the

4 only known effective measures for protecting vulnerable people from COVID-19.10

5 “The science is well established—infected, asymptomatic carriers of the coronavirus are

6 highly contagious.”11

7

As a result, health organizations worldwide have recognized the severity of the

8 COVID-19 outbreak. The World Health Organization declared the outbreak a “public

9 health emergency” on January 30, 2020.12 Health and Human Services Secretary Alex M.

10 Azar II did the same a day later.13 On March 11, the WHO characterized COVID-19 as

11 a pandemic.14 Two days later, the President of the United States declared the COVID-

12 19 outbreak a “national emergency.”15

13

14

15 10 Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available at
http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed April 3,
16 2020).

17 11 Hernandez v. Wolf, No. 5:20-cv-00617-TJH(KS), at 11 (C.D. Cal. April 1, 2020) (Temporary
Restraining Order and Order to Show Cause).
18 12 Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available at

19 http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed Apr. 3,
2020).

20 13 Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available at

21 http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed Apr. 3,
2020).

22 14 Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available at

23

http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed Apr. 3, 2020). A pandemic is a global outbreak of disease. Pandemics happen when a new virus emerges to

24 infect people and can spread between people sustainably. Because there is little to no pre-existing
immunity against the new virus, it spreads worldwide. Id.

25 15 Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available at

26 http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed Apr. 3,
2020).

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1 B. 2

The HUSP Class face a severe risk of contracting COVID-19 as a result of GEO’s HUSPs in each covered facility.

3

The COVID-19 pandemic has also cast GEO’s treatment of HUSP Class

4 member in a new and dire light.

5

1. GEO’s HUSP programs expose Class Members to the COVID-19

virus on a daily basis.

6

7

The HUSPs at each GEO facility require detained immigrants to perform a wide

8 range of services that needlessly expose them to the spread of COVID-19. For example,

9 Adelanto’s HUSP requires that “each and every detainee must participate in the facility’s

10 sanitation program,” which includes cleaning “all commonly accessible areas of the

11 unit.”16 The housing unit officer develops a list of detainees each day to assign to housing

12 unit sanitation, though “[d]uring a general cleanup all detainees must participate.”17 In

13 addition, “[a]ll detainees must participate” in a mandatory, general cleanup of their

14 housing units every day.18 The policies apply to all detained immigrants at Adelanto.19

15 Moreover, GEO’s Housekeeping Plan provides that “[o]n a weekly basis or as needed,

16 all Housing Units will be subject to a total sanitation mission to assure standards are met

17 and maintained.”20 This “total sanitation mission” is carried out by detained immigrants

18 pursuant to the HUSP.21 GEO’s HUSP program exposes Class Members to un-sanitized

19

20

21

22 16 Dkt. 193 (Wright Decl.) at Ex. 24 (“Policy 10.3.5”) at 3, 4 (emphasis added). 23 17 Id.

24 18 Wright Decl. (Dkt. 193), at Ex. 4 (Janecka Dep.) at 87:8–88:21. 25 19 Wright Decl. (Dkt. 193), at Ex. 4 (Janecka Dep.) at 62:11–63:8.
20 Wright Decl. (Dkt. 193), at Ex. 18 (Housekeeping Plan) at 2.
26 21 Wright Decl. (Dkt, 193), at Ex. 23 (“Policy 12.1.4”) at 1.

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1 surfaces, floors, showers, and toilets all of which increase the threat of contracting and

2 spreading COVID-19.22

3

Class Members cannot “opt-out” of the HUSP program to self-isolate during the

4 COVID-19 crisis.23 GEO ensures that Class Members comply with its HUSPs by

5 threatening them with punishment.24 The Supplemental Detainee Handbook at

6 Adelanto, for example, classifies “[r]efusal to clean assigned living area” as a 300-level

7 “High Moderate” offense punishable by up to 72 hours in disciplinary restriction (also

8 known as solitary confinement) or even criminal prosecution.25 GEO also suspends

9 programs and recreation unless and until detainees clean the housing units, hallways,

10 kitchens, laundry, and intake area upon demand and without compensation.26 Indeed,

11 GEO’s HUSP prohibits detained immigrants from participating in “any

12 activities/programs until the unit is cleaned,” and threatens that “[c]ontinued refusal to

13 clean the area will result in further disciplinary action.”27

14

All immigrants detained in GEO’s civil immigration detention facilities

15 nationwide are subject to the HUSP.28 Like at its Adelanto facility, GEO threatens

16

22 Hernandez v. Wolf, No. 5:20-cv-00617-TJH (KS), at 5 (C.D. Cal. April 1, 2020) (Temporary Restraining
17 Order and Order to Show Cause) (“Because of the highly contagious nature of the coronavirus and

18

the, relatively high, mortality rate of COVID-19, the disease can spread uncontrollably with devastating results in a crowded, closed facility, such as an immigration detention center.”).

19 23 Wright Decl. (Dkt. 193) at Ex. 24 (“Policy 10.3.5”) at 3.

20 24 Dkt. 192-3 (Novoa Decl.) ¶ 13; Dkt. 192-4 (Campos Fuentes Decl.) ¶¶ 14, 15; Dkt. 192-5 (Karim
Decl.) ¶¶ 10–13; Dkt. 192-6 (Mancia Decl.) ¶¶ 10–11; Dkt. 192-8 (Munoz Decl.) ¶¶ 5, 6, 9; Dkt. 192-
21 7 (Marwaha Decl.) ¶¶ 11–13.

22 25 Wright Decl. (Dkt. 193), at Ex. 16 (Supp. Detainee Handbook) at 29; Ex. 4 (Janecka Dep.) at 67:17–
68:14.
23 26 Wright Decl. (Dkt. 193), at Ex. 4 (Janecka Dep.) at 232:11-23; see also Karim Decl. (Dkt 192-5) ¶ 11.

24 27 Wright Decl. (Dkt. 193), at Ex. 24 (Policy 10.3.5) at 3.

25 28 See Dkt. 174 at 7; 8; 12; 13 (conceding the existence of a nationwide corporate HUSP); Wright Decl.
(Dkt. 193), at Ex. 34 (Requests for Admission) at Nos. 11-22 (admitting that GEO operates HUSPs
26 at twelve civil immigration detention centers nationwide). According to Acting ICE Director Matt

6
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1 detained immigrants nationwide with serious harm or abuse of legal process for refusing

2 or failing to perform uncompensated work pursuant to each HUSP.29 As a result of

3 GEO’s policies, which compel participation by “each and every detainee” in cleaning

4 and housekeeping activities for “all commonly accessible areas of the unit” in which they

5 are housed, Dkt. 223 at 6, the continuation of the HUSP program threatens thousands

6 of Class Members’ life, health, and well-being every day.30

7

2. Class Members are especially susceptible to immediate and

significant harm from contracting COVID-19. 8

9

Class Members at GEO’s detention facilities are highly likely to contract COVID-

10 19 and suffer severe health effects as a result of the HUSPs.

11

COVID-19 is a disease that spreads easily “[b]etween people who are in close

12 contact with one another (within about 6 feet),” and does so “[t]hrough respiratory

13 droplets produced when an infected person coughs or sneezes.”31 Not surprisingly, the

14 CDC has concluded immigration detention centers—such as those in which GEO

15 enforces the HUSP program—are particularly susceptible to the spread and contraction

16 of COVID-19 because they are congregate environments, i.e., places where people live

17

18

19 Albence, the Adelanto Facility is “representative of all our detention centers. That is how we run our
detention facilities.” Fox News, Fox and Friends, at 4:55–5:13 (July 26, 2019), available at
20 https://www.youtube.com/watch?v=SdgN4jfxiqU&feature=youtu.be.

21 29 See Wright Decl. (Dkt. 193), at Ex. 25 (Northwest Detention Center Detainee Handbook) at 18
(classifying “[r]efusal to clean assigned living area” as a 300-level “High Moderate” offense punishable
22 by up to 72 hours in disciplinary restriction—i.e., solitary confinement—or even criminal
prosecution); Ex. 34 (Requests for Admission) at No. 24.
23 30 Wright Decl. (Dkt. 193), at Ex. 4 (Janecka Dep.) at 190:5-191:6; Dkt. 45, at 6.

24 31 See Centers for Disease Control and Prevention, How COVID-19 Spreads, available at

25

https://www.cdc.gov/coronavirus/2019-ncov/prepare/transmission.html (last accessed April 3, 2020); Centers for Disease Control, Interim Recommendations for US Households with Suspected/Confirmed

26 Coronavirus Disease 2019, available at https://www.cdc.gov/coronavirus/2019-
ncov/prepare/cleaning-disinfection.html (last accessed Apr. 3, 2020).

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1 and sleep in close proximity.32 Infectious diseases like COVID-19 that are

2 communicated by air or touch are more likely to spread in these environments.33 People

3 who are confined to these congregate environments find it virtually impossible to engage

4 social distancing and hygiene practices as urged by the CDC in order to mitigate the risk

5 of transmission.34

6

There are “many opportunities for COVID-19 to be introduced into a

7 correctional or detention facility, including daily staff ingress and egress; transfer of

8 incarcerated/detained persons between facilities and systems, to court appearances, and

9 to outside medical visits; and visits from family, legal representatives, and other

10 community members”—a circumstance exacerbated by the potential for “high turnover,

11 admitting new entrants daily who may have been exposed to COVID-19 in the

12 surrounding community or other regions.”35

13

Another court from this District has taken judicial notice of the risk of exposure

14 to COVID-19 and lack of safeguards at the Adelanto facility:

15

At Adelanto, a holding area can contain 60 to 70 detainees, with a large

16

common area and dormitory-type sleeping rooms housing four or six

detainees with shared sinks, toilets and showers. Guards regularly rotate

17

through the various holding areas several times a day. At meal times—

18

three times a day—the 60 to 70 detainees in each holding area line up

together, sometimes only inches apart, in the cafeteria. The guards,

19

20 32 See Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available

21 at http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed Apr. 3,
2020).

22 33 Id.

23

34 See Centers for Disease Control and Prevention, How to Protect Yourself, available at https://www.cdc.gov/coronavirus/2019-ncov/prepare/prevention.html (last accessed Apr. 3,

24 2020).

25

35 Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities (updated March 23, 2020), available at

26 https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-
correctional-detention.html (last accessed Apr. 3, 2020).

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1

detainees and cafeteria workers do not regularly wear gloves or masks to prevent the spread of the coronavirus. While detainees have access to

2

gloves, there is no requirement that they wear them. Detainees do not

3

have access to masks or hand sanitizer—though thorough hand washing could be more effective than hand sanitizers at preventing the spread of

4

the coronavirus.36

5

The risk of exposure at Adelanto is not unique among GEO’s facilities. Indeed,

6 similar COVID-19 spread has happened to the Class Members at GEO’s Pine Prairie

7 ICE Processing Center in Pine Prairie, Louisiana. ICE officials transferred an inmate 8 from the Federal Correctional Center in Oakdale, Louisiana,37 where five inmates have 9 died from COVID-19 in less than a week.38 The virus is so widespread that Bureau of 10 Prisons officials ceased testing and simply assumed everyone is presumptively positive,39

11 and Attorney General Barr declared an emergency urged the BOP to immediately de12 populate the prison.40

13

Some people are especially vulnerable to COVID-19. In particular, older adults

14 and people with serious underlying medical conditions like heart disease, diabetes, and

15

16

17
36 Hernandez v. Wolf, No. 5:20-cv-00617-TJH (KS), at 5 (C.D. Cal. April 1, 2020) (Temporary Restraining
18 Order and Order to Show Cause).

19 37 Maria Clark, “ICE detainee test positive for COVID-19 in Pine Prairie, Louisiana”, The Daily
Advertiser, Apr. 3, 2020, available at https://www.theadvertiser.com/story/news/american-
20 south/2020/04/03/coronavirus-ice-detainee-tests-positive-pine-prairie-louisiana/2946110001/.

21 38 Caroline Habetz, “Fifth inmate at Oakdale federal prison dies from COVID-19”, KPLC, Apr. 3,
2020 available at https://www.kplctv.com/2020/04/03/fifth-inmate-oakdale-federal-prison-dies-
22 covid-/.

23

39 Nicholas Chrastil, “Louisiana federal prison no longer testing symptomatic inmates for coronavirus due to ‘sustained transmission’”, The Lens, Mar. 31, 2020 available at

24 https://thelensnola.org/2020/03/31/louisiana-federal-prison-no-longer-testing-symptomatic-
inmates-for-coronavirus-due-to-sustained-transmission/.

25 40 Memorandum for Director of Bureau of Prisons from William G. Barr re Increasing the Use of

26 Home Confinement at Institutions Most Affected by COVID-19, Apr. 3, 2020, available at
https://www.politico.com/f/?id=00000171-4255-d6b1-a3f1-c6d51b810000.

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1 lung disease are at a higher risk of getting sick from COVID-19.41 The CDC estimates

2 that for people over the age of 65 or with medical conditions that increase the risk of

3 serious COVID-19 infection, shortness of breath can be severe.42 Eight out of 10 deaths

4 attributed to COVID-19 have been in adults 65 and older.43 For adults between 65–84

5 years old that contract COVID-19, the CDC estimates that 31–59% required

6 hospitalization, 11–31% required admission to an intensive care unit, and 4–11% died.44

7 For adults 85 years old or older, 31–70% required hospitalization, 6–29% required

8 admission to an intensive care unit, and 10-27% died.45 Eighty percent of all COVID-

9 19 deaths in the United States have been among adults 65 years of age or older.46And,

10 even for those not in a medically vulnerable population, the risks posed by COVID-19

11 are severe. COVID-19 creates serious illness in 16% of all cases.47 Though older adults

12 account for the vast majority of deaths, 38% of those hospitalized for COVID-19 have

13 been people between 20–54 years old.48

14

15

16 41 Centers for Disease Control and Prevention, People Who Are at Higher Risk for Severe Illness, available

17

at https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/high-risk-complications.html (last accessed Apr. 3, 2020).

18 42 Id.

19 43 Centers for Disease Control and Prevention, Older Adults, available at
https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/high-risk-complications/older-
20 adults.html (last accessed Apr. 3, 2020).

21 44 Id. 22 45 Id.
46 Centers for Disease Control and Prevention, Situation Summary (updated Mar. 26, 2020), available at
23 http://www.cdc.gov/coronavirus/2019-ncov/cases-updates/summary.html (last accessed Apr. 3,
2020).
24
47 Id.
25 48 CDC COVID-19 Response Team, Severe Outcomes Among Patients with Coronavirus Disease 2019 26 (COVID-19) — United States, February 12–March 16, 2020, Morbidity & Mortality Wkly. Report
(MMWR), available at http://dx.doi.org/10.15585/mmwr.mm6912e2 (last accessed Apr. 3, 2020).

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1

HUSP Class Members’ risk of exposure exceeds the normal risk an inhabitant

2 would face in congregative environments. Rather than simply live in close quarters

3 (which presents a risk in and of itself), Class Members must clean these common

4 areas day after day without protection from COVID-19 . By design, GEO requires

5 Class Members to enter and clean common areas by coercion and, thereby,

6 risks—nearly guarantees—exposure to COVID-19. As this Court recently noted,

7 “[t]he Government, here, cannot say, with any degree of certainty, that no one—staff or

8 detainee—at Adelanto has not been, or will not be, infected with the coronavirus.”49

9

3. GEO has failed to protect Class Members while requiring

adherence to the HUSP Program. 10

11

Class Members cannot rely on GEO to protect them from the risk of contracting

12 COVID-19 through participation in the HUSP program because GEO regularly fails to

13 provide detainees basic personal hygiene items—even in this time of unprecedented

14 crisis. For instance, at the LaSalle Detention Facility, Class Member Griselda del Bosque

15 reports that “[v]ery little has changed in the facility to address the virus.”50 And Ms. Del

16 Bosque confirms that “[t]he prisoners are the ones who do the cleanings in the dorms”

17 but that the conditions fall well short of CDC guidelines for COVID-19 because Class

18 Members “clean what [they] can with what they [i.e., GEO] give us, [but] usually [they]

19 just have to use soap and water” or “one towel . . . to clean everything.”51 Even after the

20 advent of COVID-19, GEO has failed to provide sufficient cleaning materials: “We

21 sometimes don’t have soap or toilet paper for days if it’s not replaced. We were told by

22

23 49 Hernandez v. Wolf, No. 5:20-cv-00617-TJH (KS), at 11. 24 50 See Decl. of Griselda Del Bosque (“Del Bosque Decl.”), ¶ 5, Dada v. Witte, ECF No. 2-8 (E.D. La.)
filed Apr. 1, 2020, available at https://ccrjustice.org/sites/default/files/attach/2020/04/2-
25 8%20Griselda%20Del%20Bosque.pdf., attached as Exhibit A to the Declaration of Daniel H.
Charest (Charest Decl.).
26 51 See del Bosque Decl., ¶ 8.

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1 a guard that the soap we are given in the bathrooms is for hands and body only but that

2 it’s not disinfecting.”52

3

This is not an isolated incident. Class Members report facing similar shortages of

4 basic necessities at other GEO facilities elsewhere in the United States:

5

• “Conditions in our dorm are unsanitary. We don’t have any sinks

to clean our bowls, so people clean their bowls in the bathrooms. I

6

work cleaning the showers in my dorm for one dollar a day. I am

7

not given any masks. Sometimes I run out of cleaning supplies and

have to wash the floor of the showers with shampoo. The showers

8

are only cleaned twice a day.”53

9

• “Counting me, there are currently 10 people being detained

10

together [in the same room]. We sleep in bunk beds. . . . Staff does

11

not clean the room where we stay. We ask in the morning for disinfectant to clean with. I use shampoo to wash my hands with,

12

but we do have bars of white soap. . . . We were told about COVID-

19 when [GEO staff] took away the [roommate] detainee for

13

quarantine. We asked for hand sanitizer but were told to use

14

disinfectant spray. Staff had on masks, but detainees cannot get

masks. . . . I clean everything because I fear getting an infection, but

15

not everyone I am detained with is as careful about infection as I

16

am.54

17

• “Morales Diaz said she saw a Cuban detainee yelling at a guard for

18

not wearing a mask or gloves. The guard ignored the detainee. Often, media is denied to the women. ‘They refuse to clean the

19

living areas to protest that we don’t have proper cleaning supplies,’

20

21

22
52 See del Bosque Decl., ¶ 7.

23 53 See, e.g., Decl. of Sonia Lemus Tejada Dejaso (“Tejada Dejaso Decl.”), ¶¶ 1, 8-9, Dada v. Witte, ECF

24 No. 2-19 (E.D. La.) filed Apr. 1, 2020 (from LaSalle ICE Processing Center in Jena, Louisiana),

available

at

https://ccrjustice.org/sites/default/files/attach/2020/04/2-

25 19%20Sonia%20Lemus%20Tejada%20Dejaso.pdf., attached as Exhibit B to Charest Decl.

26 54 Declaration of Abby Frazer (“Frazer Decl.”), ¶¶ 30, 35-37, 40-42 (describing GEO’s Denver Contract
Detention Facility in Aurora, Colorado), attached as Exhibit C to Charest Decl.

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1

Morales Diaz said. ‘The staff punishes them by turning off the TV.’”55

2

3

When Class Members attempt to raise concerns about COVID-19, GEO has

4 reacted with brutal force and consistent failure to address detainees’ lack of access to

5 basic hygienic necessities like soap and hand sanitizer. Following a COVID-19

6 presentation at LaSalle, GEO responded by tear-gassing as many as 80 detained

7 immigrant women.56 GEO reportedly approved similar uses of force at two other

8 facilities the same week.57 These deprivations and unlawful threats and uses of force by

9 GEO are consistent with those alleged by the Class Representatives58 and others at

10 Adelanto.59

11 55 Debbie Nathan, “Women in ICE Detention, Fearing Coronavirus, Make Video to Protest Unsafe

12 Conditions,” The Intercept, Mar. 30, 2020, (addressing conditions at the South Louisiana ICE
Processing Center), available at https://theintercept.com/2020/03/30/coronavirus-ice-detention.

13 56 See generally Decl. of Mariel Villareal, Dada v. Witte, ECF No. 2-32 (E.D. La.) filed Apr. 1, 2020,

14 available

at

https://ccrjustice.org/sites/default/files/attach/2020/04/2-

32%20Mariel%20Villarreal.pdf, attached as Exhibit D to Charest Decl.; Tejada Dejaso Decl., ¶¶ 9-

15 12. See also Camilo Montoya-Galvez, “‘Don’t let us die’: Women in ICE custody plead for release
amid coronavirus pandemic,” CBS News, Apr. 3, 2020, available at

16 https://www.cbsnews.com/news/coronavirus-women-ice-custody-louisiana-release-covid-19/.

17 57Hamed Aleaziz, “Immigrants Afraid of the Outbreak Are Protesting Inside ICE Facilities,” BuzzFeed

News,

Mar.

26,

2020,

available

at

18 https://www.buzzfeednews.com/article/hamedaleaziz/immigrants-coronavirus-outbreak-ice-

protests (“Since Monday, guards at three ICE detention facilities in Louisiana and Texas — LaSalle
19 ICE Processing Center, Pine Prairie ICE Processing Center, and South Texas ICE Processing Center

20

— have used force to quell inmate protests. Advocates and attorneys have reported that ICE detainees have had limited access to soap and are worried that the coronavirus, which causes COVID-

21 19, could spread undetected, leaving those with underlying medical conditions and the elderly at
risk.”).

22 58 See also Novoa Decl. (Dkt 192-3) ¶ 14; Campos Fuentes Decl. (Dkt 192-4) ¶ 11; Karim Decl. (Dkt

23 192-5) ¶ 17; Mancia Decl. (Dkt 192-6) ¶ 14; Marwaha Decl. (Dkt 192-7) ¶ 17.

59 Tom Dreisbach, “Exclusive: Video Shows Controversial Use of Force Inside An ICE Detention

24 Center,”

NPR,

February

6,

2020,

available

at

25

https://www.npr.org/2020/02/06/802939294/exclusive-video-shows-controversial-use-of-forceinside-an-ice-detention-center. See also Memorandum and Order Granting in Part and Denying in

26 Part Motions for Summary Judgment, Rivera-Martinez v. The GEO Grp., Inc., Case No. ED CV 18-
1125-SP, ECF No. 160 at (C.D. Cal. Jan. 7, 2020).

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1

Even before the onset of COVID-19, GEO’s detention facilities had a history of

2 inadequate medical care. For example, following an unannounced inspection at one of

3 GEO’s detention facilities, OIG issued a report on September 27, 2018 identifying “a

4 number of serious issues that violate ICE’s 2011 [PBNDS] and pose significant health

5 and safety risks at the facility.”60 The report concluded that detainees do not have timely

6 access to proper medical care.61 The OIG described wait times for “acute illnesses,”

7 which would include illnesses like COVID-19, as “excessively long.” Thus it is

8 reasonable to expect COVID-19 will also readily spread in detention centers, especially

9 when people cannot engage in proper hygiene and isolate themselves from infected

10 residents or staff.62

11

III. ARGUMENT

12 Movants herein seek limited, temporary relief to protect the health and safety of
13 the Class Members. The relief they seek will also protect the health and safety of GEO
14 personnel and healthcare workers at GEO’s detention facilities as well and the healthcare
15 infrastructure and communities where these facilities are located. Specifically, Movants
16 seek an order requiring GEO to either (a) halt the use of Class Members in the provision
17 of work or services under the HUSP program; or (b) protect those detainees who
18 provide HUSP services by (i) providing protective clothing and antiseptic supplies and
19 (ii) conducting testing of all Class Members to detect COVID-19.
20

21

22
60 Wright Decl. (Dkt. 193), at Ex. 27 (OIG-18-86, “Management Alert – Issues Requiring Action at the
23 Adelanto ICE Processing Center in Adelanto, California”).

24 61 Id. at 7.

25

62 See Novoa Decl. (Dkt 192-3)at ¶ 15 (GEO does not provide sufficient personal hygiene items; these items must be purchased at the commissary); Campos Fuentes Decl. (Dkt 192-4) at ¶ 11(same); Karim

26 Decl. (Dkt 192-5) at ¶ 17 (same); Mancia Decl. (Dkt 192-6) at ¶ 14 (same); Munoz Decl. (Dkt 192-8)
at ¶ 13 (same); Marwaha Decl. (Dkt 192-7) at ¶ 17 (same).

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1

A. The Court should grant injunctive relief to protect Class Members during the pendency of this action.

2

3

The purpose of a TRO is to preserve the status quo and prevent irreparable harm

4 before a preliminary injunction hearing is held.63 On a motion for a temporary restraining

5 order, the Movant “must establish that he is likely to succeed on the merits, that he is

6 likely to suffer irreparable harm in the absence of preliminary relief, that the balance of

7 equities tips in his favor, and that an injunction is in the public interest.”64 A temporary

8 restraining order may issue where “serious questions going to the merits [are] raised and

9 the balance of hardships tips sharply in [plaintiff’s] favor.”65 To succeed under the

10 “serious question” test, Movants must show that they are likely to suffer irreparable

11 injury and that an injunction is in the public’s interest.66

12

1. Movants are likely to succeed on the merits because compelled

participation in the HUSP program under threat of serious illness

13

or death, or violent reprisals from guards, violates the TVPA’s

14

forced labor prohibition.

15

To establish a claim of forced labor under the federal Trafficking Victims

16 Protection Act (TVPA), Movants must show that GEO “knowingly provide[d] or

17 obtain[ed]” their labor “by means of any scheme, plan, or pattern intended to cause the

18 person to believe that, if that person did not perform such labor or services, that person

19 or another person would suffer serious harm or physical restraint.”67 Serious harm is

20

21
63 Granny Goose Foods, 415 U.S. 423, 439 (1974); see also Reno Air Racing Ass’n v. McCord, 452 F.3d 1126,
22 1130–31 (9th Cir. 2006).
23 64 Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008); Stuhlbarg Int’l Sales Co. v. John D. Brush &
Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001) (noting that preliminary injunction and temporary
24 restraining order standards are “substantially identical”). 25 65 All. for the Wild Rockies v. Cottrell, 632 F.3d 1127, 1131 (9th Cir. 2011) (citation omitted).
66 Id. at 1132.
26 67 18 U.S.C. § 1589 (a).

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1 defined as “any harm, whether physical or nonphysical, including psychological,

2 financial, or reputational harm, that is sufficiently serious, under all the surrounding

3 circumstances, to compel a reasonable person of the same background and in the same

4 circumstances to perform or to continue performing labor or services in order to avoid

5 incurring that harm.”68 This statutory language makes clear that the first inquiry under

6 the federal forced labor statute is GEO’s intent in threatening harm.69 To determine if

7 the harms threatened were serious, the statute employs a reasonable person test: Was

8 the threat sufficiently serious that a reasonable person of the same background and

9 circumstances would feel compelled to continue working?70

10

A reasonable likelihood of success exists here: GEO’s acquisition of free labor by

11 threatening Class Members with reprisal violates the TVPA. GEO forces the HUSP

12 Class to perform uncompensated janitorial and maintenance work in common areas of

13 its detention facilities.71 GEO obtains this free labor by threatening HUSP Class

14

15

16

68 18 U.S.C. § 1589 (c) (emphasis added). The California Trafficking Victims Protection Act, Cal. Civ.
17 Code § 52.5, requires the same reasonable person analysis. See People v. Halim, 14 Cal. App. 5th 632,

18

643 (2017), reh’g denied (Sept. 12, 2017), review denied (Nov. 29, 2017), cert. denied sub nom. Halim v. California, 138 S. Ct. 1564 (2018); see also Cal. Penal Code § 236.1(h)(3).

19 69 See U.S. v. Dann, 652 F.3d 1160, 1170 (9th Cir. 2011) (“The linchpin of the serious harm analysis

20

under § 1589 is not just that serious harm was threatened but that the employer intended the victim to believe that such harm would befall her.”).

21 70 See id.; see also Nuñag–Tanedo v. East Baton Rouge Parish School Board, 2011 WL 7095434, (C.D. Cal. Dec.

12, 2011) (Kronstadt, J.) (certifying a federal TVPA class where the putative class members shared
22 the same background and circumstances such that a reasonable person standard could be used to

23 determine whether it was the defendants’ scheme that ultimately compelled the plaintiffs to work).
71 See Dkt. 174 at 7, 8, 12, 13 (discussing GEO’s HUSPs); Dkt. 193-18 (Housekeeping Plan); 193-23
24 (Adelanto Sanitation Procedures); 193-24 (Adelanto Housing Unit Post Orders); Dkt. 200 (Answer)

25

¶ 76 (admitting detained immigrants are not paid to perform labor under the HUSPs); Dkt. 210-1 (Martin Dep.) at 130:11–138:8; 148:7–23, 155:17–161:16 (discussing the HUSP at GEO’s Aurora

26 ICE Processing Center); Dkt. 210-3 (ICE Decl.) ¶ 21; Dkt. 210-4 (GEO 30(b)(6) Dep.) at 132:18–
136:4.

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1 Members with “serious harm,” including solitary confinement, disciplinary housing

2 transfers, loss of privileges, referral to ICE, and criminal prosecution.72

3

When asked to opine on the applicability of the TVPA on PBNDS-sanctioned,

4 voluntary work programs—programs less violative than GEO’s non-PBNDS HUSP

5 program—the U.S. Court of Appeals for the Eleventh Circuit concluded that coercion

6 of labor violates the TVPA even when the coercion happens in a civil detention center:

7

If CoreCivic, or any other private for-profit contractor, actually forces detainees to provide labor (whether through a work program or not)

8

through any of the illegal coercive means explicitly proscribed by the

9

TVPA, it has “obtain[ed] the labor or services of a person” in violation of the TVPA. Again, nothing in the text of the statute excludes federal

10

contractors providing immigration detention services from liability under

11

the TVPA, even when that liability might arise out of the operation of a federally mandated work program. And nothing in the PBNDS permits

12

CoreCivic, or other private contractors operating immigration detention

facilities, to force detainees to perform labor (beyond personal

13

housekeeping tasks), and certainly not through the illegal coercive means

14

explicitly listed in the TVPA.73

15

The “personal housekeeping tasks” referred to in Barrientos expressly exclude the

16 tasks required under GEO’s HUSP program: the point of the HUSP-related claim is that

17 GEO demands Class Members to work and perform janitorial services in common areas

18 not included within the “personal housekeeping tasks” condoned by ICE through

19 Section 5.8.V.C of the PBNDS. When GEO enforces the HUSP program through illegal

20

21 72 See Dkt. 193-16 at 29 (Adelanto Supp. Detainee Handbook); Dkt. 193-25 (Northwest Detention
Center Detainee Handbook); Dkt. 193-34 (RFAs) at No. 24 (admitting that at each facility, “[r]efusal

22 to clean assigned living area” is classified as a 300-level “High Moderate” offense punishable by up

to 72 hours in disciplinary restriction); Dkt. 206-1 (Campos Fuentes Dep.) at 75:12–24 (“GEO or
23 the officers would lock us up in our rooms or cells until somebody went to do it.”); Dkt. 206-2

24

(Novoa Dep.) at 44:15–18 (“I wouldn’t get some things that I needed. My bunk was scattered. They would go through my bunk.”); Dkt. 206-4 (Karim Dep.) at 88:23–90:3 (“[I]f I don’t do those things,

25 it will affect my case; I was not going to get bond; I was not going to get released.”); Dkt. 210-2
(Saavedra-Roman testimony) at 4.

26 73 Barrientos et al. v. CoreCivic, Inc., No. 18-15081, at 17-18 (Feb. 28, 2020 11th Cir.) (Slip Op.) (emphasis
added).

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1 coercive means, GEO violates the TVPA. GEO thus violates the TVPA every day in

2 each of the covered facilities as a fundamental business practice.74

3

Plaintiffs are likely to prevail on the merits of their claim that GEO violates the

4 TVPA, so this factor weighs in favor of the Court granting a temporary restraining order.

5

2. Class Members face immediate, irreparable harm because the

HUSP program puts Class Members in a heightened risk of

6

exposure to COVID-19, a serious, potentially life threatening

7

incurable disease.

8 To show irreparable harm a plaintiff “demonstrate immediate threatened injury
9 as a prerequisite to preliminary injunctive relief.”75 “Irreparable harm is the single most 10 important prerequisite for the issuance of a preliminary injunction.”76 This case presents 11

12

13

14

15 74 And such threats, as documented in the above-cited declarations and evidence, also violate the

16 detainees’ constitutional rights given the threat to their health and safety.

When the Government detains a person for the violation of an immigration law, the

17

person is a civil detainee, even if he has a prior criminal conviction. . . . Moreover,

18

under the Fifth Amendment’s Due Process Clause, a civil detainee cannot be subjected to conditions that amount to punishment. . . . Moreover, the Government may not

19

ignore a condition of confinement that is sure or very likely to cause serious illness. A

civil detainee’s constitutional rights are violated if a condition of his confinement

20

places him at substantial risk of suffering serious harm, such as the harm caused by a

pandemic. . . . Inadequate health and safety measures at a detention center cause

21

cognizable harm to every detainee at that center.

22 Hernandez v. Wolf, No. 5:20-cv-00617-TJH (KS), at 8-9 (C.D. Cal. April 1, 2020) (Temporary Restraining
Order and Order to Show Cause).
23 75 Caribbean Marine Servs. Co. v. Baldrige, 844 F.2d 668, 674 (9th Cir. 1988).

24 76 Spark Indus., LLC v. Kretek Int’l, Inc., No. CV 14-5726-GW(ASX), 2014 WL 12600262, at *3 (C.D.

25

Cal. July 29, 2014) (citations omitted); see also 11A Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 2948.1 (3d ed. rev. 2014) (“Perhaps the single most important prerequisite

26 for the issuance of a preliminary injunction is a demonstration that if it is not granted the applicant
is likely to suffer irreparable harm before a decision on the merits can be rendered.”).

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1 a paradigmatic example of an imminent threats to health and safety presenting

2 irreparable harm.77

3

More and more evidence of irreparable harm develops each day as the virus

4 spreads throughout the world, the country, and GEO facilities. Simply put, Class

5 Members risk illness and death from participation in the HUSP. The argument is

6 as stark as that. By requiring Class Members to participate in the HUSPs at all, let alone

7 without personal protective equipment, GEO exposes Class Members to potential

8 death and serious illness on a daily basis. COVID-19 exists in GEO’s facilities.78

9 And cleaning those facilities, in particular the common areas where detainees gather and

10 interact, without protective equipment nearly guarantees exposure to COVID-19.

11

The CDC has advised that, when disinfecting common areas, cleaning staff

12 should “wear disposable gloves and gowns for all tasks in the cleaning process.”79 The

13 CDC also recommends that cleaning staff wash their hands often using soap or, if soap

14

15

77 See Harris v. Bd. of Supervisors, Los Angeles Cty., 366 F.3d 754, 756 (9th Cir. 2004); Unknown Parties v. Johnson, No. CV-15-00250-TUC-DCB, 2016 WL 8188563, at *15 (D. Ariz. No. 18, 2016), aff’d sub

16 nom Doe v. Kelly, 878 F.3d 710 (9th Cir. 2017); Jones v. Tex. Dep’t. of Crim. Justice, 880 F.3d 756, 760 (5th
Cir. 2018).

17 78 Judge John E. Jones, III recently addressed the immediate harm and found it exists:

18

Public health officials now acknowledge that there is little that can be done to stop the

spread of COVID-19 absent effective quarantines and social distancing procedures.

19

But Petitioners are unable to keep socially distant while detained by ICE and cannot

20

keep the detention facilities sufficiently clean to combat the spread of the virus. Based upon the nature of the virus, the allegations of current conditions in the prisons, and

21

Petitioners’ specific medical concerns, detailed below, we therefore find that

Petitioners face a very real risk of serious, lasting illness or death. There can be no

22

injury more irreparable.

23

Thakker v. Doll, No. 1:20-cv-00480-JEJ, Memorandum and Order (M.D. Pa. Mar. 31, 2020) (ordering immediate release of 13 medically vulnerable ICE detainees) available at

24 https://aclupa.org/sites/default/files/field_documents/memo_and_order_granting_tro_and_relea
se.pdf.

25 79 Centers for Disease Control and Prevention, Environmental Cleaning and Disinfection Recommendations

26 (updated Apr. 1, 2020), available at https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/cleaning-disinfection.html (last accessed Apr. 3, 2020).

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1 is not available, hand sanitizer.80 But GEO has not even provided hand soap to Class

2 Members, let alone hand sanitizer, disposable gloves, gowns, or any other protective

3 equipment recommended or required by the CDC to protect individuals like Class

4 Members from COVID-19.81 By forcing Class Members to clean common areas without

5 proper protective equipment and refusing to exempt detainees who are particularly

6 susceptible to COVID-19, GEO increases the risk of additional deaths—“an

7 irremediable and unfathomable” harm.82

8

Moreover, Class Members include older adults and people with underlying

9 medical conditions that increase their likelihood of severe illness or death if they contract

10 COVID-19.83 And those patients in high-risk categories who do not die from COVID-

11 19 should expect a prolonged recovery, including the need for extensive rehabilitation.

12 For these reasons, public health experts have concluded that people with these

13 characteristics in institutional settings such as immigration detention centers are at grave

14 risk of severe illness and death.

15

Nor is social distancing—the other primary defense against contracting COVID-

16 19—available to Class Members.84 As noted, GEO’s immigration detention centers are

17
80 Centers for Disease Control and Prevention, Environmental Cleaning and Disinfection Recommendations
18 (updated Apr. 1, 2020), available at https://www.cdc.gov/coronavirus/2019-
ncov/community/organizations/cleaning-disinfection.html (last accessed Apr. 3, 2020).
19
81 Novoa Decl. (Dkt 192-3) ¶ 14; Campos Fuentes Decl. (Dkt 192-4) ¶ 11; Karim Decl. (Dkt 192-5) ¶
20 17; Mancia Decl. (Dkt 192-6) ¶ 14; Marwaha Decl. (Dkt 192-7) ¶ 17.

21 82 Garcia v. Google, Inc., 743 F.3d 1258, 1268 (9th Cir. 2014) (internal quotations marks omitted).

83 CDC COVID-19 Response Team, Severe Outcomes Among Patients with Coronavirus Disease 2019
22 (COVID-19) — United States, February 12–March 16, 2020, Morbidity & Mortality Wkly. Report

23

(MMWR), available at http://dx.doi.org/10.15585/mmwr.mm6912e2 (last accessed April 3, 2020); see also Frazer Decl., ¶¶ 11-15 (HIV positive and bleeding); Del Bosque Decl., ¶¶ 2-4 (asthmatic and

24 glaucoma), ¶ 9 (other detainee with cancer); Tejada Dejaso Decl., ¶¶3-4 (hypertensive with a history
of cardiac issues).

25 84 National Institutes of Health, Coronavirus and “Alternative” Treatments, Mar. 6, 2020, available at

26 https://nccih.nih.gov/health/in-the-news-in-the-news-coronavirus-and-alternative-treatments (last
accessed April 3, 2020).

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1 “congregate environments” where people live, sleep, and eat in close quarters.

2 Immigration detention facilities face even greater risk of infectious spread because of

3 overcrowding, the proportion of vulnerable people detained, and often scant medical

4 care resources. People live in close quarters and cannot achieve the “social distancing”

5 needed to effectively prevent the spread of COVID-19. The inability to maintain the

6 recommended distance of 6 feet from others, and the sharing and touching of objects

7 used by others is particularly true with HUSP Class Members who GEO forces to clean

8 common areas by threatening them with solitary confinement, a loss of privileges, and

9 criminal prosecution if they do not fulfill their cleaning assignments.

10

Given the combination of the close quarters in which Class Members are

11 confined, and their forced exposure to GEO’s employees and new detainees, conditions

12 faced by Class Members pose a significant risk of imminent and irreparable harm absent

13 the requested injunctive relief.85

14

3. The balance of the equities favors injunctive relief because life and

health of Class Members outweighs GEO’s profits from illegal,

15

unpaid, forced labor.

16

17

In considering an order of injunctive relief, “[a] court must balance the competing

18 claims of injury and must consider the effect on each party of the granting or withholding

19 of the requested relief.”86 The question is not even close. Class Members face the risk of

20 serious illness or death from COVID-19. By contrast, GEO faces the risk of hiring and

21 equipping cleaning staff instead of lining its pockets with profits won from slave labor.

22

23 85 Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 24 (COVID-19) in Correctional and Detention Facilities (updated Mar. 23, 2020), available at
https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-
25 correctional-detention.html (last accessed Apr. 3, 2020).
26 86 Arc of Cal. v. Douglas, 757 F.3d 975, 991 (9th Cir. 2014)(quoting Amoco Prod. Co. v. Vill. of Gambell, 480
U.S. 531, 542 (1987)).

21
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1

Ultimately, the question boils down to balancing the health and welfare, including

2 potential death, for Class Members against reduced profits for GEO (when forced to do

3 what it should be doing in any event). When faced with a conflict between financial

4 concerns and preventable human suffering, courts in this Circuit have had little difficulty

5 concluding that “the balance of the hardships tips decidedly in plaintiffs’ favor.” 87 To

6 ask the question answers it: GEO’s profits from slave labor cannot outweigh the health

7 of Class Members.

8

4. Injunctive relief is in the public interest because the requested

9

relief helps sever the chain of exposure to COVID-19.

10

With respect to the final element, the requested injunction would serve the public

11 interest because “[p]rotecting public health and safety is clearly in the public interest.”88

12 Movants seek injunctive relief to prevent the spread of a pandemic. While the HUSP

13 Class Members seek the relief for their own protection, the relief they request will benefit

14 everyone who lives or works in GEO’s facilities. Once exposed to COVID-19—as they

15 inevitably will be if the HUSP program continues unabated—Class Members will return

16
87 Rodde v. Bonta, 357 F.3d 988, 998 (9th Cir. 2004) (the balance of the equities weighed in favor of the
17 plaintiffs when they would face a lack of necessary treatment, increased pain, and medical

18

complications and the harm to the defendant was “balancing its health care budget and controlling costs”); Harris v. Bd. of Supervisors, Los Angeles Cty., 366 F.3d 754, 766 (9th Cir. 2004) (the balance of

19 the equities weighed in favor of granting a temporary restraining order to prevent a Los Angeles
County hospital from reducing the number of hospital beds because the harms to the plaintiffs, which

20 included “pain, infection, amputation, medical complications, and death due to delayed treatment”
outweighed the financial harm to the defendants).

21 88 State of California v. Picayune Rancheria of Chukchansi Indians of Cal., No. 1:14-CV-01593 (LJO-SAB), 2015

22 WL 9304835, at *8 (E.D. Cal. Dec. 22, 2015), aff’d sub nom. California v. Picayune Rancheria of Chukchansi
Indians of Cal., 725 F. App’x 591 (9th Cir. 2018); see also Pashby v. Delia, 709 F.3d 307, 331 (4th Cir.

23 2013) (stating that “the public interest in this case lies with safeguarding public health rather than

with assuaging North Carolina’s budgetary woes”); Fruth, Inc. v. Pullin, No. CV 3:15-16266, 2015 WL
24 9451066, at *8 (S.D. W. Va. Dec. 23, 2015) (“an injunction here will safeguard the public health and

25

thereby serve the public interest”); Gen-Probe Inc. v. Bayer Healthcare LLC, No. 05-CV-1668 BEN (WMC), 2006 WL 8455600, at *6 (S.D. Cal. Mar. 3, 2006) (“the potential impact on public health

26 identified by Dr. Terrault is exactly the type of public interest meant to be considered under this
prong of the injunction analysis”).

22
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1 to live and mingle with other detainees and interact with GEO’s staff. And this cycle will

2 continue without Court intervention. Exempting the Class Members from the HUSP,

3 or providing them with adequate protection, would eliminate that link and, in turn, slow

4 the spread of COVID-19. This factor supports injunctive relief.

5

B. The Court should grant the relief without requiring a bond.

6

7

While Federal Rule of Civil Procedure 65(c) generally requires security be posted

8 before a temporary restraining is entered, this Court has the discretion to decide whether,

9 or in what amount, a bond is required.89

10

District courts routinely exercise this discretion to require no security in cases

11 brought by indigent and/or incarcerated people. 90 So too here, Movants ask that this

12 Court exercise its discretion and grant the requested temporary restraining order without

13 requiring payment of security; or in the alternative, a minimal bond.

14

IV. CONCLUSION

15 For the foregoing reasons, Movants request this Court grant a temporary
16 restraining order in the form submitted and set this matter for determination of
17 extending its ruling in the form of a preliminary injunction.
18

19

20

21

22

23

24

25 89 Jorgensen v. Cassiday, 320 F.3d 906, 919 (9th Cir. 2003). 26 90 See, e.g., Toussaint v. Rushen, 553 F. Supp. 1365, 1383 (N.D. Cal. 1983) (state prisoners); Orantes–
Hernandez v. Smith, 541 F. Supp. 351, 385 n. 42 (C.D. Cal. 1982) (detained immigrants).

23
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1 Dated: April 6, 2020. 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
PLAINTIFFS’ EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER

Respectfully submitted,
/s/ Daniel H. Charest Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com TX Bar # 24057803 Warren Burns (admitted pro hac vice) wburns@burnscharest.com TX Bar # 24053119 E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com TX Bar # 20585590 BURNS CHAREST LLP 900 Jackson St., Suite 500 Dallas, Texas 75202 Telephone: (469) 904-4550 Facsimile: (469) 444-5002
Robert Ahdoot (CA Bar # 172098) rahdoot@ahdootwolfson.com Tina Wolfson (CA Bar # 174806) twolfson@ahdootwolfson.com Theodore W Maya (CA Bar # 223242) tmaya@ahdootwolfson.com Alex R. Straus (CA Bar # 321366) astraus@ahdootwolfson.com AHDOOT & WOLFSON, PC 10728 Lindbrook Drive Los Angeles, California 90024-3102 Telephone: (310) 474-9111 Fax: (310) 474-8585
24
5:17-cv-02514-JGB

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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
PLAINTIFFS’ EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER

Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com LA Bar # 30002 Lydia A. Wright (admitted pro hac vice) lwright@burnscharest.com LA Bar # 37926 C. Jacob Gower (admitted pro hac vice) jgower@burnscharest.com LA Bar # 34564 BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Facsimile: (504) 881-1765
R. Andrew Free (admitted pro hac vice) andrew@immigrantcivilrights.com TN Bar # 030513 LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209 Telephone: (844) 321-3221 Facsimile: (615) 829-8959
Nicole Ramos (admitted pro hac vice) nicole@alotrolado.org NY Bar # 4660445 AL OTRO LADO 511 E. San Ysidro Blvd., # 333 San Ysidro, CA 92173 Telephone: (619) 786-4866
Attorneys for Plaintiffs
25
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1

CERTIFICATE OF SERVICE

2

On April 6, 2020, I electronically submitted the foregoing document with the

clerk of the court for the U.S. District Court, Central District of California, using the 3 electronic case filing system. I hereby certify that I have provided copies to all counsel

4 of record electronically or by another manner authorized by Fed. R. Civ. P. 5(b)(2).

5

/s/ Daniel H. Charest

6

Daniel H. Charest (admitted pro hac vice)

dcharest@burnscharest.com

7

TX Bar # 24057803

8

BURNS CHAREST LLP

900 Jackson St., Suite 500

9

Dallas, Texas 75202

10

Telephone: (469) 904-4550

Facsimile: (469) 444-5002

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

26
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1

2

3

4

5

UNITED STATES DISTRICT COURT

6

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION 7

8 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and Civil Action No. 5:17-cv-02514-JGB-
9 RAMON MANCIA individually and on SHKx

10 behalf of all others similarly situated, Plaintiffs,
11

[PROPOSED] ORDER GRANTING PLAINTIFFS’ EX PARTE

12 v.

APPLICATION FOR TEMPORARY RESTRAINING ORDER

13 THE GEO GROUP, INC.,

14

Defendant.

15

16

17

18

19

20

21

22

23

24

25

26

[PROPOSED] ORDER GRANTING PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

`

Case 5:17-cv-02514-JGB-SHK Document 252-2 Filed 04/06/20 Page 2 of 4 Page ID #:5148

1

The Court has reviewed Plaintiffs’ Motion for Temporary Restraining Order and

2 Memorandum of Points and Authorities in Support Thereof, all supporting exhibits and

3 declarations and any response filed by Defendants. Based on that review, the Court finds

4 that immediate injunctive relief in the form of a temporary restraining order should be

5 issued. In particular, the Court finds as follows:

6

1. COVID-19 is a disease that has reached pandemic status. It spreads easily

7 from person to person. The Court adopts and incorporates its discussion of the threat

8 posed by COVID-19 as set forth in Hernandez v. Wolf, No. 5:20-cv-00617-TJH (KS)

9 (C.D. Cal. Apr. 1, 2020). Based on the facts in that record (of which the Court takes

10 judicial notice) and the facts set forth in the record here by Plaintiffs’ the Court finds

11 that Plaintiffs are likely to succeed on the merits of their claim that Plaintiffs face

12 imminent and irreparable harm from participating in the Housing Unit Sanitation Policy

13 (“HUSP”) program without sufficient protective safeguards and equipment in light of

14 the exceptional risks posed by COVID-19.

15

2. Plaintiffs are likely to suffer irreparable harm in the absence of the issuance

16 of a temporary restraining order. Plaintiffs are Class Members1 who provide janitorial

17 and other work services at Defendant’s detention facilities. By participating in the

18 HUSPs, Class Members risk illness and death since they perform those services without

19 personal protective equipment or sufficient disinfectant and sanitary supplies. Being

20

21

22 1 Class Members include any person who is (a) civilly detained at any GEO immigration detention

center in the United States and (b) subject to a GEO Housing Unit Sanitation Policy (HUSP) at any
23 point during their detention excluding (1) individuals detained in GEO’s family residential detention

24

facility in Karnes City, Texas; (2) individuals detained in the Alexandria Staging Facility in Alexandria, Louisiana; (3) any individual detained in the custody of the U.S. Marshall or any other law

25

enforcement agency at a GEO facility where the company also detains civil immigration detainees pursuant to contracts with ICE; and (4) civilly detained immigrants detainees held at the Aurora ICE

26 Processing Center in Aurora, Colorado at any time before October 22, 2014. Dkt. No. 229 at 2.

1

PROPOSED] ORDER GRANTING PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

`

Case 5:17-cv-02514-JGB-SHK Document 252-2 Filed 04/06/20 Page 3 of 4 Page ID #:5149

1 required to clean those facilities, in particular the common areas where detainees gather

2 and interact, nearly guarantees exposure to COVID-19.

3

And the potential threat of contracting COVID-19 constitutes irreparable harm.

4 Class Members include older adults and people with underlying medical conditions that

5 increase their likelihood of severe illness or death if they contract COVID-19. Those

6 patients in high-risk categories who do not die from COVID-19 should expect a

7 prolonged recovery, including the need for extensive rehabilitation. For these reasons,

8 public health experts have concluded that people with these characteristics in

9 institutional settings such as immigration detention centers are at grave risk of severe

10 illness and death.

11

The risk of irreparable harm likewise exists for those Class Members who do not

12 possess underlying conditions which make them especially vulnerable to COVID-19.

13 According to the U.S. Centers for Disease Control and Prevention, COVID-19 creates

14 serious illness in 16% of all cases, and 38% of those hospitalized for COVID-19 have

15 been people between 20–54 years old.

16

3. The balance of equities also favors injunctive relief. Class Members face

17 the risk of serious illness or death from COVID-19. By contrast, if GEO must find other

18 workers, or provide additional supplies and PPE to the Class Members who participate

19 in the HUSP, it will suffer only a monetary impact in terms of higher costs. A balancing

20 of the health and welfare, including potential death, of Class Members against increased

21 expenditures for GEO results in a finding that supports injunctive relief.

22

4. Finally, injunctive relief is in the public interest. Protecting public health

23 and safety is clearly in the public interest. Movants seek injunctive relief to prevent the

24 spread of a pandemic. The relief requested will benefit everyone who lives or works in

25 GEO’s facilities. This factor supports injunctive relief.

26
2
PROPOSED] ORDER GRANTING PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

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1

Therefore, the Court finds that Plaintiff’s Motion for Temporary Restraining

2 Order should be, and hereby is GRANTED. The Court hereby ORDERS THAT:

3

4

____ Defendant GEO shall immediately halt the use of any in the provision of

5

work or services under the HUSP.

6

or

7

____ Defendant GEO shall equip those Class Members who provide HUSP

8

services with protective clothing and antiseptic supplies in accordance with

9

the Centers for Disease Control and Prevention, Interim Guidance on

10

Management of Coronavirus Disease 2019 (COVID-19) in Correctional and

11

Detention Facilities, and conduct weekly testing of all Class Members who

12

participate in the HUSP to detect and protect against the threat of death

13

or serious illness from COCIV-19.

14

15

The Court finds that this order should issue without the need for Plaintiffs to post

16 any security or bond. The Court also finds issuance of this order on an ex parte basis is

17 justified based on the representation by Plaintiffs that they informed counsel for

18 Defendants of the substance of their Application for a temporary restraining order

19 requiring COVID-19 prevention measures for Cationwide HUSP class by email on

20 March 18, 2020 and by phone on April 6, 2020 but counsel for defendants could not

21 state whether they oppose the filing of the Application.

22

23 Issued at ___ am/pm, this ___ day of April, 2020.

24

25

UNITED STATES DISTRICT JUDGE

26
3
PROPOSED] ORDER GRANTING PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

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1

2

3

4

5

UNITED STATES DISTRICT COURT

6

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION 7

8 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and Civil Action No. 5:17-cv-02514-JGB-
9 RAMON MANCIA individually and on SHKx

10 behalf of all others similarly situated, Plaintiffs,
11

[PROPOSED] ORDER TO SHOW CAUSE

12 v.

13 THE GEO GROUP, INC.,

14

Defendant.

15

16

17

18

19

20

21

22

23

24

25

26

[PROPOSED] ORDER TO SHOW CAUSE

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1

Upon review of Plaintiffs’ Motion for Temporary Restraining Order and

2 Memorandum of Points and Authorities in Support Thereof, all supporting exhibits and

3 declarations and any response filed by Defendants the Court HEREBY ORDERS:

4 1. Defendant is ordered to show cause before this Court why a preliminary

5

injunction should not issue requiring:

6

a. The immediate halt of the use of Class Members1 in the provision of work

7

or services under the HUSP, or

8

b. Defendant to equip those Class Members who provide HUSP services with

9

protective clothing and antiseptic supplies, and to conduct weekly testing

10

of all such Class Members to detect and protect against the threat of death

11

or serious illness from Coronavirus Disease 2019 (“COVID-19”).

12 2. The hearing on the order to show cause will be held on _________________ at

13

________________.

14

15 DATED: ______________________

16

17

UNITED STATES DISTRICT JUDGE

18

19

20

21

22
1 Class Members include any person who is (a) civilly detained at any GEO immigration detention
23 center in the United States and (b) subject to a GEO Housing Unit Sanitation Policy (HUSP) at any

24

point during their detention excluding (1) individuals detained in GEO’s family residential detention facility in Karnes City, Texas; (2) individuals detained in the Alexandria Staging Facility in Alexandria,

25

Louisiana; (3) any individual detained in the custody of the U.S. Marshall or any other law enforcement agency at a GEO facility where the company also detains civil immigration detainees

26 pursuant to contracts with ICE; and (4) civilly detained immigrants detainees held at the Aurora ICE
Processing Center in Aurora, Colorado at any time before October 22, 2014. Dkt. No. 229 at 2.

[PROPOSED] ORDER TO SHOW CAUSE

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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
[PROPOSED] ORDER TO SHOW CAUSE

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Case 5:17-cv-02514-JGB-SHK Document 253 Filed 04/06/20 Page 1 of 5 Page ID #:5154

1 Daniel H. Charest (admitted pro hac vice)

2

dcharest@burnscharest.com TX Bar # 24057803

3 Warren Burns (admitted pro hac vice)

4

wburns@burnscharest.com TX Bar # 24053119

5 E. Lawrence Vincent (admitted pro hac vice)

6

lvincent@burnscharest.com TX Bar # 20585590

7 BURNS CHAREST LLP

900 Jackson St., Suite 500 8 Dallas, Texas 75202

9 Telephone: (469) 904-4550

Facsimile: (469) 444-5002 10

11 Counsel for Plaintiffs

12 Additional Counsel on Next Page

13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

15

EASTERN DIVISION

16 RAUL NOVOA, JAIME CAMPOS

17 FUENTES, ABDIAZIZ KARIM,

Civil Action No. 5:17-cv-02514-JGB-

AND RAMON MANCIA, individually SHKx

18 and on behalf of all others similarly

19 situated,

Plaintiffs,

DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF

20

PLAINTIFFS’ EX PARTE

21 v.

APPLICATION FOR A TEMPORARY RESTRAINING

22 THE GEO GROUP, INC.,

ORDER REQUIRING COVID-19

23

Defendant.

PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

24

25

26
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 253 Filed 04/06/20 Page 2 of 5 Page ID #:5155

1

2

Robert Ahdoot (CA Bar # 172098) rahdoot@ahdootwolfson.com

3 Tina Wolfson (CA Bar # 174806)

4

twolfson@ahdootwolfson.com Theodore W Maya (CA Bar # 223242)

5 tmaya@ahdootwolfson.com

6

Alex R. Straus (CA Bar # 321366) astraus@ahdootwolfson.com

7 AHDOOT & WOLFSON, PC

10728 Lindbrook Drive 8 Los Angeles, California 90024-3102

9 Telephone: (310) 474-9111

Fax: (310) 474-8585 10

11 Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com
12 LA Bar # 30002
13 Lydia A. Wright (admitted pro hac vice) lwright@burnscharest.com
14 LA Bar # 37926
15 C. Jacob Gower (admitted pro hac vice) jgower@burnscharest.com
16 LA Bar # 34564
17 BURNS CHAREST LLP 365 Canal Street, Suite 1170
18 New Orleans, LA 70130
19 Telephone: (504) 799-2845 Facsimile: (504) 881-1765
20

R. Andrew Free (admitted pro hac vice) andrew@immigrantcivilrights.com TN Bar # 030513 LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209 Telephone: (844) 321-3221 Facsimile: (615) 829-8959
Nicole Ramos (admitted pro hac vice) nicole@alotrolado.org NY Bar # 4660445 AL OTRO LADO 511 E. San Ysidro Blvd., # 333 San Ysidro, CA 92173 Telephone: (619) 786-4866

21 Attorneys for Plaintiffs

22

23

24

25

26
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

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Case 5:17-cv-02514-JGB-SHK Document 253 Filed 04/06/20 Page 3 of 5 Page ID #:5156

1

I, Daniel H. Charest, declare that the following is true and correct to the best of

2 my knowledge:

3

4

1. My name is Daniel H. Charest. I am a partner at Burns Charest, LLP,

5 located at 900 Jackson Street, Suite 500, Dallas, Texas 75202.

6

2. My office represents Raul Novoa, Jaime Campos Fuentes, Abdiaziz Karim,

7

Ramon Mancia, and the certified class in this case. 8

9

3. Attached to this Declaration are true and correct copies of the following

10 documents:

11

Exhibit A: A true and correct copy of the declaration of Griselda Del Bosque (“Del

12

Bosque Decl.”) filed in Dada, et al. v. Witte et al., Civil Action No. 02-20-cv-

13

01093, ECF No. 5 (E.D. La.) filed Apr. 1, 2020, retrieved from PACER.

14 Exhibit B: A true and correct copy of the declaration of Sonia Lemus Tejada Dejaso

15

(“Tejada Dejaso Decl.”) filed in Dada, et al. v. Witte et al., Civil Action No. 02-20-cv-01093, ECF No. 2-19 (E.D. La.) filed Apr. 1, 2020 retrieved from

16

PACER.

17 Exhibit C: Declaration of Abby Frazer (“Frazer Decl.”) (describing GEO’s Denver

18

Contract Detention Facility in Aurora, Colorado).

19 Exhibit D: A true and my correct copy of the declaration of Mariel Villarreal filed in

Dada, et al. v. Witte et al., Civil Action No. 02-20-cv-01093, ECF No. 2-32

20

(E.D. La.) filed Apr. 1, 2020 retrieved from PACER.

21

22

23

24

25

26
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

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Case 5:17-cv-02514-JGB-SHK Document 253 Filed 04/06/20 Page 4 of 5 Page ID #:5157

1 I declare under penalty of perjury that the foregoing is true and correct.

2

3

4

/s/ Daniel H. Charest Daniel H. Charest (admitted pro hac vice)

5 dcharest@burnscharest.com

TX Bar # 24057803 6 BURNS CHAREST LLP

7 900 Jackson St., Suite 500 Dallas, Texas 75202

8 Telephone: (469) 904-4550

9 Facsimile: (469) 444-5002

April 6, 2020 DATE

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

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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
1
PLAINTIFFS’ EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER

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Case 5:17-cv-02514-JGB-SHK Document 253-1 Filed 04/06/20 Page 1 of 3 Page ID #:5159
EXHIBIT A

Case 5:17-cCva-0s2e521:42-0J-GcvB--0S1H09K3 DDooccuummeennt t225-38-1 FiFleilded040/40/10/62/020 PaPgaege1 2ofo2f 3 Page ID #:5160
Declaration of Griselda Del Bosque
I, Griselda Del Bosque, declare as follows:
1. My name is Griselda Del Bosque. I am 57 years old and a Mexican citizen. I am currently detained at LaSalle ICE Processing Center in Jena, Louisiana.
2. I am an asthmatic. The inhaler I was given in this facility controls the asthma a little but not all the way. I wake up every morning unable to breath, the vapor and humidity in the prison affect my lungs a lot and I’ve had a cough since I got here three months ago. When I walk, laugh, sit, I get asthma attacks.
3. I have many other health issues including glaucoma in my eyes; I was told a year ago that if I didn’t get treatment I could go blind. I can’t feel one of my arms, have disk issues in my back and knee problems that make it hard to walk. I only get treatment for my asthma and Tylenol for the pain in my body.
4. I’ve been able to see the doctor twice, the last time was on March 24​th​ because I haven’t been feeling well. They told me my heart was racing and said maybe it was because of stress but didn’t give me any other information.
5. Very little has changed in the facility to address the virus. Some of the guards walk around with masks, not all, and I haven’t seen any of them wear gloves, not even the medical staff. A guard told us that with or without the virus they will keep picking people up, having court, and deporting people. A nurse said to us she didn’t understand why they kept bringing people here, and that we’re all being put at risk by bringing new people all the time.
6. The only instruction we’ve received about the virus is to wash our hands and stay at a distance, which made us mad because how can we do that with how close the beds are—less than a foot in between. We tried putting towels between the beds to make a barrier but the guards forced us to take them down.
7. We still sometimes don’t have soap or toilet paper for several days if it’s not replaced. We were told by a guard that the soap we are given in the bathrooms is for hands and body only but that it’s not disinfecting.
8. I am confined to dorm Alpha D, with 80 other women. It is one big room where we all sleep, eat, and bathe, and we all share three bathrooms, six showers, and eight or nine phones. One month ago the water got turned off and we couldn’t clean anything for days. The prisoners are the ones who do the cleanings in the dorms, there are some who are paid to do it $1 a day, but we also volunteer to help. We clean what we can with what they give us, usually we just have to use soap and water. Yesterday they brought us this liquid to clean the tables. With one towel we’re supposed to clean everything, the phone, the tables, the bathrooms.

Case 5:17-cCva-0s2e521:42-0J-GcvB--0S1H09K3 DDooccuummeennt t225-38-1 FiFleilded040/40/10/62/020 PaPgaege2 3ofo2f 3 Page ID #:5161

9. There are some very sick women here. There was one who couldn’t breathe, another who has cancer and was passing out because of the pain. Two women in another dorm were removed and put into the solitary confinement cells because they had a cough and fever. I don’t know what has happened to those two women. Six or seven new women arrived Thursday night, and they’re being put in with everyone else.
10. If I was released I would stay with my daughter Cristal Del Bosque, at 507 Fairview Road, Dallas, TX 75223.
11. I have authorized my attorney to sign on my behalf, given the difficulty of arranging visitation and travel in light of the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so.
I declare under penalty of perjury that the foregoing information is true and correct to the best of my knowledge.

_________________________________________________ Jeremy Jong signing on behalf of Griselda Del Bosque

Date: 03/27/2020

Case 5:17-cv-02514-JGB-SHK Document 253-2 Filed 04/06/20 Page 1 of 3 Page ID #:5162
EXHIBIT B

Case 5:17-Ccva-s0e2521:240-J-cGvB-0-1S0H9K3 DDooccuummeenntt 225-139-2 FFilieledd0044/0/016/2/200 PPaaggee12oof f23 Page ID #:5163
Declaration of Sonia Lemus Tejada Dejaso
I, Sonia Lemus Tejada Dejaso, declare as follows:
1. My name is Sonia Lemus Tejada Dejaso. I am 53 years old and a Guatemalan citizen. I am currently detained at LaSalle ICE Processing Center in Jena, Louisiana.
2. If I were released I would live with my son Miguel Angel Sanchez at 15812 Orange Dr., Edinburg, TX, 78541.
3. I have a history of heart issues. In the decades I lived in Texas before my detention, I often had to go to the hospital for various heart problems.
4. I currently suffer from hypertension and take medications daily in an attempt to control my blood pressure.
5. Because of my heart and blood pressure issues, I have major problems sleeping. I regularly have pain in my head and my chest. When I go to the medical unit, they only give me Tylenol for pain.
6. About four or five weeks ago, I was taken to the emergency room at Lasalle General Hospital when I wasn’t able to breathe and started feeling numbness in parts of my body. The doctors at the hospital never told me what was wrong with me. I still have residual pain in the left side of my back since that day.
7. At LaSalle, I am housed in Falcon-D dorm. The dorm has enough beds for 80 people and we have been at capacity for a long time. People are transferred in and out all the time. In the past two weeks, ICE has brought in about 15 new detainees to the dorm as other people have left.
8. We’ve been at capacity for a long time and still people are transferred in all the time. In the past two weeks, ICE has brought in about 15 new detainees to the dorm as people have left.
9. Conditions in our dorm are unsanitary. We don’t have any sinks to clean our bowls, so people clean their bowls in the bathrooms. I work cleaning the showers in my dorm for one dollar a day. I am not given any masks. Sometimes I run out of cleaning supplies and have to wash the floor of the showers with shampoo. The showers are only cleaned twice a day.
10. Three days ago, LaSalle staff came to talk to us about coronavirus. We had questions for them, such as asking what they were doing to ensure that staff stayed away from us so that they would not give us coronavirus. But staff were very dismissive of us and shushed our questions.

Case 5:17-Ccva-s0e2521:240-J-cGvB-0-1S0H9K3 DDooccuummeenntt 225-139-2 FFilieledd0044/0/016/2/200 PPaaggee23oof f23 Page ID #:5164
11. After they left, the officials went to the next dorm over to do the same presentation. Shortly afterwards, I was looking out the window of the dorm when I saw detained people coming out of that dorm, Falcon-C, choking and gasping for air. When people were leaving the dorm choking, I saw one of the guards choking as well.
12. Then, gas from the other dorm started seeping into our dorm. Our eyes started burning. Some of us that were closer to the door also started choking and crying. Our throats have been hurting. Some fell to the floor and vomited. I still have pain in my throat.There is no humanity for us here.
13. I have authorized my attorney to sign on my behalf, given the difficulty of arranging visitation and travel in light of the current COVID-19 pandemic. If required to do so, I will provide a signature when I am able to do so.
I declare under penalty of perjury that the foregoing information is true and correct to the best of my knowledge.

_________________________________________________ Jeremy Jong signing on behalf of Sonia Lemus Tejada Dejaso

Date: 3/27/2020

Case 5:17-cv-02514-JGB-SHK Document 253-3 Filed 04/06/20 Page 1 of 7 Page ID #:5165
EXHIBIT C

Case 5:17-cv-02514-JGB-SHK Document 253-3 Filed 04/06/20 Page 2 of 7 Page ID #:5166
RESPON DENT'S PERSONAL DECLARATION
l, I)onaltl liruzer, o k crAbh-l; l:r'uzer, hereh"t slula rtnder penull"l,ty''perjrry lhal the.fbllov'ing slctlen?cill,t, ntude on ll{ctrc'h 21, 2020, ure lnte ctilcl ecc'ttrole lo lhe best o.f'm"t'knou'ledge cuul
belie/:
I}IO(;RAPIII(' INI.O & G[]NDT]R IDEN'I'I'TY
I My legal name is Donald Frazer. but I use the name "Abbv." I started using this name when was l6 years old.
2. lwasborninKingston,JamaicaonAugust5, 1996 Frornthetimelwasborn, Ilivedwith
nry motherand my younger sister I\4y mother" sister, and I lived in the'fel Aviv community in downlorvn of Kingston
.l) . My father, Chicka, lived in a diflerent communrty and I never had a relationship with him. Still I always heard that he was an area gang leader who had a reputation for violence and ertortion. I was about six years old the last time I saw my father
,+ Fronr a young age. I knew I uas a worran As a chilci. I alwavs plaved rvith dolls with girls and never rvanted to play with bot's I was l2 years old rvhen I realized I was transgender. I started wearing nry mother's clothes when she would leav'e the house I would only wear her clothing when she was out and I would lock the door so I wouldn't be caurght
5 When I was 16 years old gang menrbers in my community fbund out that I am transgender. They demarrded that I leave or that they would kill rne 'Ihey said that "batty-men" could not live irr that area Thev stabbed rne
b For the next seven years I lived in thc gLrlly in Kingston
7. The gully is an underground sewer system running throughout Kingston, it is also used fbr wastewater runof-f and floods when it rains. lt is common fbr LGBT youth and adults to live in the gully because there is nowhere else for us to go when we are kicked out of our homes and communities 'l'he gurlly is colcl, and filled with rnosquritos. cockroaches, and rats. We
sleep on pallets and cardboard
lmmigration Historv
8 tn 20151 applied fora visa tothe tJS to visit my fiiend Fabian Gayle forThanksgiving. I applied to stay tbr three weeks I was interviewed about the visa application, and I was asked r.vhy Iwas staying fbr three weeks when Thanl<sgiving was jr"rst one day My visa application
rvas cJeniecl
9 I t-led Janraica on July 31, 2019. I tlew to Panama where I stayed several hours before flying to Mexico City. I took a bus fbr about three days to T'ijuana After presenting myself at the IJS border I stayed in a shelter for fbur months.

Case 5:17-cv-02514-JGB-SHK Document 253-3 Filed 04/06/20 Page 3 of 7 Page ID #:5167
l0 Ientered the US on Novenrber 4. 20lc) at the San Ysidro Pr:rt of Lrntry I applied forasylum
when I entered
Medical History
I I . I was l7 years old when I found out that I arn HIV positive. Some medical providers came to the gully to conduct HIV testing. I knew right arvay that it would be impossible fbr me to get treatment tbr t'llV while living rrr Kingston All of the tl'ec nredical proviclers are all located
in ghettos and passing the i,'iolent nren and uang menrbers rvoulcl be tclo great o1'a risk
l2 In 2017, I was waitingibrmy fiiend, Cavil, tocometothegully tobringme sornefood. A
strange man came up and asked me lbr a light tbr his cigarette I reached into my pocket for a lighter, when without warning, the man stabbed me in the belly with a ratchet (butterfly) knife. I remember that he yelled "batty-boy for dead" and ran away. 13. At the hospital. I erperienced much disc,rimination 'l'he doctors laughed when other patients said they did not want "batty boys" in the hospital 'l'he doctor said I should slay two weeks, but I was afiaid of the other patients, so ldischarged rnyself the next day
14. My blood was drawn at Cibola and I was told that I have a liver disease, hepatitis B, and HIV. Inboth20lgand2020lhavebeentoldthatmyCD4countisislow,andthatlmust
avoid int'ection
l5 I have been bleeding l'ronr nry anlrs tor rnonths now. I anr not sure why
Procedural History in Detsntion
16. Irvas detained upon entry intothe IJS on Noventber 4,2019.
17. On or about November 2A"2() l9 [ was movecl to the Cibola (lounty (]orrecticlnal Centerand housed in the transgender unit
18. On November 25" 2Uq I was given a credible f.ear interview with an asylum officer. I passed the interview, being found credible, as a Jamaican sexual minority, with credible fear of
persecuti on.
I9 On December 5, 20lc) I w'as issucd a Noticc tt> Appear tbr rentoval proceedings under {240
o1'the INA 'l'he N'f A chargetl nre as an r\rriving ,\lien
20 On January ?1,2020, after several master calendar hearings, but before my individual merits
hearing, I was translerred to the Aurora ICE Processing Center.
21. Isubmitted an l-589 totheCourt on February 25, ancl Ihave an individual hearing scheduled with Judgc Carbone at I 00 plr orl N4al, I l. 2020 at the Aurora lntmigration Court.

Case 5:17-cv-02514-JGB-SHK Document 253-3 Filed 04/06/20 Page 4 of 7 Page ID #:5168
Care and Conditions at Cibola
22. When I was transferred to Cibola County Correctional Center, around November 70,2019.1 had my blood drawn. I was told tlrat I have a liver disease. hepatitis B, and my HIV status
rvas conflrrned. However. I did n()t receive these results imnrediately.
23 Because I did not have results l'ronr rry blood work I wrote a sick call request on December 2, noting that it had been two weeks and I had not received my results. I also wrote that I am HIV positive and was not receiving any medication including hormones. It was returned to me, stamped "received Dec 8." I wrote another reqLlest on December l8 stating that t had done rny blood test one month ago and I was not receiving any medicatron. I wrote again on
December 2-i stating "l arn lll\r positive am having bleeding fiorn my anus and it really hurts
and I have warts on mv penrs I neeci rnedical attention,'" lvhich rvas marked as "received Dec 16"
24. I was eventually given medication tbr rny liver disease at Cibola.
25 In late December I was taken to a specialist to see about my HlV. I was told that my CD4 coLrnt was low'. and that I should av'oid irrt'ections.
26 I u,'as not given any l-llV nredication w'hile I was at Cibtila I received no treatment fbr rny bleeding anus, or tbr the warts or.r rny penis
27.|n the trans pod at Cibola there were several rooms or cells that were unused. These were part
of the larger unit and not part of the SHU detention. I asked if I could stay in one of the
empty cells so that Icould isolate rnyself to kerep nri'5glf.healthy. Ml'request was denied
28. A t'ew days befbre I rvas transf'errccl to Aurora I was prescribecl an antibiotic by medical stafT at Cibola
29. On December 10"20201requested my medical records from Cibola. I never received a response or a copy of my medical records
(lnre 4nd Conditions at ilurora
30 Orr January 21,.20201was transf'erred to the Aurora lC'E Processing Center.
:ll I was given a medical screening within two days of arriving at Aurora. I was told again that I have a liver disease" hepatitis B. and that my CD4 coLrnt was lorv I believe the doctor said that my (lD4 courrt is 38
32 I was prescribed HIV nredicatiorr which I now receive regularly I do not know what rny CD4
courlt is now or ilit has improved On or about March 17.2020I asked the nurse about
getting my blood checked and she did not respond.

Case 5:17-cv-02514-JGB-SHK Document 253-3 Filed 04/06/20 Page 5 of 7 Page ID #:5169
33 The food at Aurora is not good. Some days I do not eat because the food is so bad. A typical
meal isbread,beans,andcake laskedthekitchenstafTtbrfiuitsandwastoldlcanonlyget rvhat is on the menLr I asked the nredical statTabout tl'uit and was told they could not help me with diet
34. t have a medical appointment scheduled outside of the detention facility on Tuesday March 24,2020. I am told that I may require enrergency surgery for my anal bleeding.
i5 'l'he transqenclcrr women all stay rn tlrc one roonr together ('ounting me, there are currently
l0 people being detained togcther We sleep in bunk beds
36 Statl'does not clean the room where we stay We ask in the morning for disinlectant to clean with I use shampoo to wash my hands with, br"rt we do have bars of white soap I wear
gloves to wash my dishes.
i7. We all eat in the sanre roor'Il rvhe.re rve sleep.
38 I have a large.jacket, but the roonr is always cold 'l'he \vater in the shower and sink are also
very cold
Care. and Conditions at Aurora siJrce. COVID-19 pandenric
l9 lflrstheardabouttheCOVll)-lc)pandenricrveeksaqobecauselamabletolistentothe
radio
40 'l-he f'rrst tirrre I saw anything out ol'the ordinary at Aurora with respect to COVID-19 was FridayMarch 13,2020 Staffcameinwithmasksandhadonetrarlsgenderdetaineechange
her clothes and her bedsheets. Then they took her away to quarantine. I heard that a lawyer was in Court who mav have had COVID-19
Itl Wc'were tolcJ about,],rt,,r-l() rilrcn they took away the one detainee fbr quarantine. We
asked tbr hand sanit'izer 1rr,1 11,erre tolc'l to use the disinl'ectant spray. Staff had on nrasks, but detainees cannot get nrasks We were told that ii'we get a f'ever or a <;clugh we should write a note fbr medical attention.
42 Aurora staffscreen one person lrom the transgender unit at random each day or each shifl bv
taki ng thei r temperature
-li On \1arch ?0. 1020, statf gavc rrs a hanclbool< on CO\/lD-19 lt is in tinglish and Spanish and
says how rve should w'aslt our lrancls and stay six i'eet away l'rom other people.
44 lt is impossible to stay six f'eet away fiom the people I am being detained with. We sleep in bunk beds, and often people gather near a television set. After March l3 we have been out to play volleyball together,iust the l0 of us, and we were unable to keep 6l'eet apart from each
othcr

Case 5:17-cv-02514-JGB-SHK Document 253-3 Filed 04/06/20 Page 6 of 7 Page ID #:5170
45 Statl'sometimes wear glor,'es ancl rnasks, but do not kecp six t'eet apafi lt'orn each other. I do notknowhoworif thestalTisbeingscreened. Idonotknowwhenthestatf weretoldabout COVID I9
46. I clean everything because I fear getting an inf'ection, but not everyone I am detained with is as caret'ul abut infection as I ant
47. All l0 of us take medicatiort I ant one of two IllV positive wonren in the roonl As clf March
21, 2020 only the one person has been taken away tbr quarantine.
48. On Tuesday, March 17, we were woken up at 5:00 AM and told to get ready to move to a bigger room in Aurora because more transgender women were being transferred in. We waited sometime and then were told that the room was not clean and we would move on "l'hursclay On-l'hr"rrsday we were lold we w'ill be moving into a roonr that holds l8 of us on April I7

Case 5:17-cv-02514-JGB-SHK Document 253-3 Filed 04/06/20 Page 7 of 7 Page ID #:5171
RESPONDENT'S PERSONAL DECLARATION
Donald Frazer, aka Abby Frazer Signature of Respondent

Case 5:17-cv-02514-JGB-SHK Document 253-4 Filed 04/06/20 Page 1 of 5 Page ID #:5172
EXHIBIT D

Case 5:17-Ccva-s0e2521:240-J-cGvB-0-1S0H9K3 DDooccuummeenntt 225-32-4 FFilieledd0044/0/016/2/200 PPaaggee12oof f45 Page ID #:5173

1

2

3 IN THE UNITED STATES DISTRICT COURT

4

FOR THE EASTERN DISTRICT OF LOUISIANA

5

6 DADA, et al.,

Case No:

7

Petitioners-Plaintiffs,

8

v.

9 WITTE, et al.,
10

DECLARATION OF ATTORNEY MARIEL VILLARREAL

Respondents-Defendants.

11

12

13

14

15

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17

18

19

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Declaration of Attorney MARIEL VILLARREAL

Case 5:17-Ccva-s0e2521:240-J-cGvB-0-1S0H9K3 DDooccuummeenntt 225-32-4 FFilieledd0044/0/016/2/200 PPaaggee23oof f45 Page ID #:5174

1 I, Mariel Villarreal, declare under penalty of perjury, pursuant to Title 28, Section 1746 of

2 the United States Code, that the following is true and correct to the best of my knowledge:

3 1. My name is Mariel Villarreal. I am an immigration attorney at non-profit organization

4 Pangea Legal Services, located at 350 Sansome St. Suite 650, San Francisco, CA 94104.

5 All times in this declaration will be in Pacific Standard Time, unless specified otherwise,

6 as that is the time zone in which I work.

7 2. Our office represents Jennifer Isabel Avalos Barrios (“Ms. Avalos Barrios”) in her

8

immigration proceedings. I am currently representing Ms. Avalos Barrios in her

9

proceedings before the LaSalle Immigration Court.

10

3. Ms. Avalos Barrios is a 24-year-old Guatemalan national who has been detained by

11

Respondents at the LaSalle Detention Facility since approximately December 11, 2019.

12

4. On March 25, 2020, I had a video teleconference (“VTC”) meeting scheduled with Ms.

13

Avalos Barrios via Skype at 9:00am PST (11:00am CT). I did not receive a call at the

14

scheduled time.

15

5. At 9:32am, I emailed the facility’s visitation request email address as well as Ms. Susan

16

Morris at Geo Group—with whom I have corresponded to set up VTC calls with Ms.

17

Avalos Barrios in the past—stating that I had not been called for my meeting.

18

6. At 9:42am, I received a text message from Ms. Avalos Barrios’s sister, Nereyda Avalos

19

Barrios, stating that her sister, Ms. Avalos Barrios, had called her extremely distraught

20

saying that officials in the detention center were letting out tear gas and that people were

21

fainting. In a second text message, Ms. Avalos Barrios’s sister told me that Ms. Avalos

22

Barrios said everyone was coughing and screaming.

23

7. At 10:05am, I called the Geo Group – Immigration and Customs Enforcement (“ICE”)

24

Processing Center in Jena, Louisiana. I left a voicemail message to which I did not receive

25

a call back.

26

8. At 10:08am, I emailed Ms. Morris and the visitation request email address again, stating

27

that I heard tear gas was used on individuals in the detention center and that I was

28

1

Case 5:17-Ccva-s0e2521:240-J-cGvB-0-1S0H9K3 DDooccuummeenntt 225-32-4 FFilieledd0044/0/016/2/200 PPaaggee34oof f45 Page ID #:5175

1 concerned for my client. I asked for more information. I did not receive a response to that

2 email.

3 9. At 11:50am, I received a call from Ms. Avalos Barrios from the LaSalle Detention

4 Facility. During our phone call, Ms. Avalos Barrios told me that she was not able to have

5 the VTC call with me that morning because she and the entire female population at

6 LaSalle Detention Facility had been tear gassed.

7 10. Ms. Avalos Barrios proceeded to tell me that the approximately 80 women detained at the

8

LaSalle Detention Facility were receiving a presentation from officers about COIVD-19.

9

Ms. Avalos Barrios informed me that during the presentation, the women had questions

10

about the virus and were expressing fears about their safety in the detention center. Ms.

11

Avalos Barrios stated that the women’s questions were going unanswered and their

12

concerns were being ignored by the officers.

13

11. Ms. Avalos Barrios then informed me that the officers grew impatient and angry with the

14

women and released tear gas into the room where they were giving the presentation. The

15

officers promptly left the room and locked the doors.

16

12. Ms. Avalos Barrios told me that her and the rest of the women were left locked inside the

17

room with tear gas for approximately one hour. She stated that the women were screaming

18

to be let out of the room, but no one came to their aid.

19

13. Ms. Avalos Barrios stated that the women were coughing, crying, and that some fainted

20

throughout the approximately one hour that they were locked in the room with tear gas.

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14. Ms. Avalos Barrios said that after approximately one hour, officers came and unlocked the

22

doors, and they entered wearing full protective face gear to prevent effects of the tear gas.

23

15. Ms. Avalos Barrios informed me that, as we were speaking, her eyes were red and burning

24

and that her whole neck area and throat were in pain.

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16. In the middle of our conversation, the call was lost and I did not receive a call back from.

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Ms. Avalos Barrios. I called the ICE Processing Center to attempt to be reconnected with

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Ms. Avalos Barrios, but I was informed that it was not possible at that time.

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Case 5:17-Ccva-s0e2521:240-J-cGvB-0-1S0H9K3 DDooccuummeenntt 225-32-4 FFilieledd0044/0/016/2/200 PPaaggee45oof f45 Page ID #:5176

1 2 Dated: April 1, 2020 3
Oakland, California 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

Respectfully submitted,
____/s/Mariel Villarreal___
Mariel Villarreal Pangea Legal Services Immigration Attorney Pangea Legal Services 350 Sansome St., Suite 650 San Francisco, CA 94104

3

 
 Case 5:17-cv-02514-JGB-SHK Document 254 Filed 04/06/20 Page 1 of 11 Page ID #:5177

1

Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com

2 TX Bar # 24057803

3

Warren Burns (admitted pro hac vice) wburns@burnscharest.com

4 TX Bar # 24053119

5

E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com

6 TX Bar # 20585590

BURNS CHAREST LLP 7 900 Jackson St., Suite 500

8 Dallas, Texas 75202

Telephone: (469) 904-4550 9 Facsimile: (469) 444-5002

10 Counsel for Plaintiffs
11

12 Additional Counsel on Signature Page

13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

15 RAUL NOVOA, JAIME CAMPOS

16 FUENTES, ABDIAZIZ KARIM, and Civil Action No. 5:17-cv-02514-JGBRAMON MANCIA individually and on SHKx

17 behalf of all others similarly situated,

18

Plaintiffs,

NOTICE OF MOTION AND MOTION FOR PLAINTIFFS’

19 v.

MOTION FOR EXPEDITED

20 THE GEO GROUP, INC.,

DISCOVERY IN SUPPORT OF PLAINTIFFS’ MOTION FOR

21

Defendant.

PRELIMINARY INJUNCTION

22

23

Hearing Date: May 4, 2020 at 9:00 a.m Discovery Cutoff Date: 9/14/2020

24

Pretrial Conf.: 1/4/2021 at 11 a.m.

25

Trial Date: 2/2/2021

26

The Honorable Judge Jesus G. Bernal

1
PLAINTIFFS’ NOTICE OF MOTION

5:17-cv-02514-JGB

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Case 5:17-cv-02514-JGB-SHK Document 254 Filed 04/06/20 Page 2 of 11 Page ID #:5178

1

NOTICE OF MOTION

2

PLEASE TAKE NOTICE that, on May 4, 2020 at 9:00 a.m., in Courtroom 6

3 of the above-captioned Court before the Honorable Jesus G. Bernal, Plaintiffs Raul

4 Novoa, Jaime Campos Fuentes, Abdiaziz Karim, and Ramon Mancia (collectively,

5 “Plaintiffs”), will and hereby move for an order allowing Expedited Discovery in

6 Support of Plaintiffs’ Motion for Preliminary Injunction.

7

This Motion is made in accordance with the Local Rules of this Court and the

8 Federal Rules of Civil Procedure, and is based on this Notice of Motion, the

9 accompanying Motion for Expedited Discovery in Support of Plaintiffs’ Motion for

10 Preliminary Injunction, the anticipated arguments of counsel at the hearing, the files and

11 pleadings in this action, and any matter the Court may deem appropriate. This motion

12 is made following the conference of counsel pursuant to L.R. 7-3 which took place on

13 April 6, 2020.

14

As requested in the concurrently filed Ex Parte Application for TRO, Plaintiffs

15 respectfully request that the Court hear this motion at the same time as it hears argument

16 regarding the TRO.

17

18

19

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2
PLAINTIFFS’ NOTICE OF MOTION

5:17-cv-02514-JGB

`

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1

PLAINTIFFS’ MOTION FOR EXPEDITED DISCOVERY IN SUPPORT OF PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

2

Plaintiffs represent a certified class of civil immigration detainees who perform

3 sanitation services and other work pursuant to the Housing Unit Sanitation Policy

4 (“HUSP”) applied by defendant The GEO Group, Inc. (“GEO”) at its detention

5 facilities across the country.

6

Because of the imminent and irreparable harm Plaintiffs face from participating

7 in the HUSP program without sufficient protective safeguards and equipment, Plaintiffs

8 have moved for a temporary restraining order, and will seek a preliminary injunction,

9 asking that this Court require GEO to either (a) immediately halt the use of class

10 members in the provision of work or services under the HUSP program, or (b) at least

11 equip those detainees who provide HUSP services with protective clothing and

12 antiseptic supplies, and to conduct weekly testing of all such class members to detect

13 and protect against the threat of death or serious illness from Coronavirus Disease 2019

14 (“COVID-19”).

15

Plaintiffs herein seek an order granting expedited discovery on a limited, targeted

16 set of issues that relate directly to the preliminary injunction: the efforts GEO has taken

17 to assess, monitor, and protect Plaintiff class members from contracting COVID-19

18 while participating in the HUSP program. Plaintiffs request that GEO produce

19 responses to the interrogatories and requests for admission included in Exhibit A hereto

20 within 4 calendar days, and that GEO make available a representative to testify to the

21 topics presented in Exhibit B hereto within 9 calendar days, after service of this motion.

22 I. Good Cause Exists to Grant Plaintiffs’ Request for Expedited Discovery.

23

“Expedited discovery has been ordered where it would ‘better enable the court to

24 judge the parties’ interests and respective chances for success on the merits’ at a

25 preliminary injunction hearing.” Yokohama Tire Corp. v. Dealers Tire Supply, Inc., 202 F.R.D.

26

3
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1 612, 613 (D. Ariz. 2001) (quoting Edudata Corp. v. Sci. Computs., Inc., 599 F. Supp. 1084,

2 1088 (D. Minn. 1984) (stating expedited discovery “better enable[s] the court to judge

3 the parties’ interest and respective chances for success on the merits”); see also Rodale, Inc.

4 v. U.S. Preventive Med., Inc., No. 08-cv-120, 2008 WL 4682043, at *1 (E.D. Tex. Oct. 21,

5 2008) (noting “An order for expedited discovery would be appropriate in a case seeking

6 a preliminary injunction.”); Ellsworth Assocs., Inc. v. United States, 917 F. Supp. 841, 844

7 (D.D.C. 1996) (“Expedited discovery is particularly appropriate when a plaintiff seeks

8 injunctive relief because of the expedited nature of injunctive proceedings.”); Advisory

9 Committee Note, Fed. R. Civ. P. 26(d) (1993) (noting expedited discovery “will be

10 appropriate in some cases, such as those involving requests for a preliminary

11 injunction”).

12

“[D]istrict courts in this Circuit have allowed expedited discovery prior to the

13 Rule 26(f) conference upon a showing of good cause. Good cause may be found where

14 the need for expedited discovery, in consideration of the administration of justice,

15 outweighs the prejudice to the responding party. The good cause assessment is based on

16 the entirety of the record [and] the reasonableness of the request in light of all the

17 surrounding circumstances. In evaluating the reasonableness of a request for expedited

18 discovery, courts consider the following factors: (1) whether a preliminary injunction is

19 pending; (2) the breadth of the discovery requests; (3) the purpose for seeking expedited

20 discovery; (4) the burden on defendants of complying with the requests; and (5) how far

21 in advance of formal discovery process the request is made.

22

BDMR Holdings, LTD. v. Does, No. CV 19-9856-VSP (KSX), 2019 WL 7865178,

23 at *1–2 (C.D. Cal. Dec. 10, 2019). The record supports Plaintiffs’ request for expedited

24 discovery.

25

A. A motion for temporary restraining order has been filed and a motion

26

for a preliminary injunction is imminent.

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1

Contemporaneously with this motion Plaintiffs filed a motion for a temporary

2 restraining order, and Plaintiffs will seek a preliminary injunction immediately following

3 the ruling on the requested TRO. This factor supports granting the instant motion so

4 that the information developed can be considered by the imminent injunction request.

5

B. The discovery requests are limited and focused on issues directly

relevant to determining the preliminary injunction. 6

7

A review of the discovery sought by Plaintiffs confirm they are directly relevant

8 to the issues to be addressed at the preliminary injunction hearing. Semitool, Inc. v. Tokyo

9 Electron Am., Inc., 208 F.R.D. 273, 276 (N.D. Cal. 2002). Plaintiffs here seek answers to

10 interrogatories and requests for admission regarding the procedures and protections

11 accorded Class Members who are currently participating in the HUSP program against

12 the risk of contracting COVID-19; the single focus of the TRO and preliminary

13 injunction requests.

14

As the U.S. Centers For Disease Control has noted, “There are many

15 opportunities for COVID-19 to be introduced into a correctional or detention facility,

16 including daily staff ingress and egress; transfer of incarcerated/detained persons

17 between facilities and systems, to court appearances, and to outside medical visits; and

18 visits from family, legal representatives, and other community members. Some settings,

19 particularly jails and detention centers, have high turnover, admitting new entrants daily

20 who may have been exposed to COVID-19 in the surrounding community or other

21 regions.”1 The limited discovery is needed because the ability of Class Members “to

22 exercise disease prevention measures (e.g., frequent handwashing) may be limited and is

23

24 1 Centers for Disease Control and Prevention in its Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, available at
25 https://www.cdc.gov/coronavirus/2019-ncov/community/correction-
26 detention/guidance-correctional-detention.html.

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1 determined by the supplies provided in the facility and by security considerations.”2 This

2 factor supports granting Plaintiffs’ motion

3

C. Expedited discovery is sought to obtain information that cannot be

developed in any other manner to address the coming motion for

4

preliminary injunction.

5 There is no other avenue to obtain information regarding the measures GEO has
6 implemented at its detention facilities to protect Class members participating in the
7 HUSP program from contracting COVID-19 except getting that information from
8 GEO itself. See, e.g., In re Elcommerce.com, Inc., No. 10-51396, 2011 WL 237619, at *2 (E.D.
9 Mich. Jan. 24, 2011) (granting motion to compel production where information was only
10 available from the subpoenaed third party). This factor also supports granting Plaintiffs’
11 motion.
12

13

D. The burden on GEO to comply with the requests is minimal.

14

The requested discovery consists of answers to eight (8) interrogatories and

15 twenty-nine (29) requests for admissions, and a corporate representative to give

16 testimony on twelve (12) topics—all of which are directly relevant to the determination

17 of Plaintiffs’ motion for injunctive relief. In the current circumstance, any burden on

18 GEO to answer a few questions about the effort it is (or is not) putting forth to protect

19 Class Members is far outweighed by the threat of harm to Plaintiffs, including the

20 potential for serious illness and death. See, e.g., Semitool, Inc. v. Tokyo Electron Am., Inc., 208

21 F.R.D. 273, 277 (N.D. Cal. 2002) (“While Defendants claim some logistical

22 inconvenience in responding to the request inasmuch as most of the documents are

23 located in Japan and many may be in Japanese, the Court fails to see why given current

24 communication technology, Defendants cannot respond quickly to the narrow requests

25
26 2 Id.
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1 propounded by Plaintiff, especially given that the request hardly comes as a surprise

2 ….”). Again, this factor supports granting Plaintiffs’ motion.

3

E. The request has not been made in advance of the formal discovery

process. 4

5

This action has been on file for over two years, extensive discovery on the merits

6 has taken place, and the Court has certified three separate classes under Rule 23. Because

7 the requested discovery is not premature as regards the initial discovery stay imposed by

8 Rule 26, this factor supports granting Plaintiffs motion.

9

CONCLUSION

10

For these reasons, Plaintiffs respectfully request that the Court grant their request

11 for expedited discovery.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26
7
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1 Dated: April 6, 2020

Respectfully submitted,

2

/s/ Daniel H. Charest

3

Daniel H. Charest (admitted pro hac vice)

dcharest@burnscharest.com

4

TX Bar # 24057803

5

Will Thompson (CA Bar # 289012) wthompson@burnscharest.com

6

Warren Burns (admitted pro hac vice)

7

wburns@burnscharest.com TX Bar # 24053119

8

E. Lawrence Vincent (admitted pro hac vice)

9

lvincent@burnscharest.com TX Bar # 20585590

10

BURNS CHAREST LLP

900 Jackson St., Suite 500

11

Dallas, Texas 75202

12

Telephone: (469) 904-4550

Facsimile: (469) 444-5002 13

14

Robert Ahdoot (CA Bar # 172098)

rahdoot@ahdootwolfson.com

15

Tina Wolfson (CA Bar # 174806)

16

twolfson@ahdootwolfson.com

Theodore W Maya (CA Bar # 223242)

17

tmaya@ahdootwolfson.com

18

Alex R. Straus (CA Bar # 321366)

astraus@ahdootwolfson.com

19

AHDOOT & WOLFSON, PC

20

10728 Lindbrook Drive

Los Angeles, California 90024-3102

21

Telephone: (310) 474-9111

22

Fax: (310) 474-8585

23

24

Korey A. Nelson (admitted pro hac vice)

knelson@burnscharest.com

25

LA Bar # 30002

26

Lydia A. Wright (admitted pro hac vice)

8
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1

lwright@burnscharest.com LA Bar # 37926

2

C. Jacob Gower (admitted pro hac vice)

3

jgower@burnscharest.com LA Bar # 34564

4

BURNS CHAREST LLP

5

365 Canal Street, Suite 1170 New Orleans, LA 70130

6

Telephone: (504) 799-2845

Facsimile: (504) 881-1765 7

8

R. Andrew Free (admitted pro hac vice)

andrew@immigrantcivilrights.com

9

TN Bar # 030513

10

LAW OFFICE OF R. ANDREW FREE

P.O. Box 90568

11

Nashville, TN 37209

12

Telephone: (844) 321-3221

Facsimile: (615) 829-8959 13

14

Nicole Ramos (admitted pro hac vice)

nicole@alotrolado.org

15

NY Bar # 4660445

16

AL OTRO LADO

511 E. San Ysidro Blvd., # 333

17

San Ysidro, CA 92173

18

Telephone: (619) 786-4866

19

20

Attorneys for Plaintiffs

21

22

23

24

25

26
9
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1

CERTIFICATE OF SERVICE

2

On April 6, 2020, I electronically submitted the foregoing document with the

3 clerk of the court for the U.S. District Court, Central District of California, using the

4 electronic case filing system. I hereby certify that I have provided copies to all counsel

5 of record electronically or by another manner authorized by Fed. R. Civ. P. 5(b)(2).

6

7

/s/ Daniel H. Charest

8

Daniel H. Charest (admitted pro hac vice)

9

dcharest@burnscharest.com TX Bar # 24057803

10

BURNS CHAREST LLP

11

900 Jackson St., Suite 500 Dallas, Texas 75202

12

Telephone: (469) 904-4550

13

Facsimile: (469) 444-5002

14

15

16

17

18

19

20

21

22

23

24

25

26
10
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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
10
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EXHIBIT A

Case 5:17-cv-02514-JGB-SHK Document 254-1 Filed 04/06/20 Page 2 of 39 Page ID #:5189

1

Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com

2 TX Bar # 24057803

3

Warren Burns (admitted pro hac vice) wburns@burnscharest.com

4 TX Bar # 24053119

5

E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com

6 TX Bar # 20585590

BURNS CHAREST LLP 7 900 Jackson St., Suite 500

8 Dallas, Texas 75202

Telephone: (469) 904-4550 9 Facsimile: (469) 444-5002

10 Counsel for Plaintiffs
11

12 Additional Counsel on Signature Page

13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

15

16 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and Civil Action No. 5:17-cv-02514-JGB-
17 RAMON MANCIA individually and on SHKx

18 behalf of all others similarly situated, Plaintiffs,
19

PLAINTIFFS’ EXPEDITED DISCOVERY REQUESTS TO

20 v. 21 THE GEO GROUP, INC.,

DEFENDANT THE GEO GROUP, INC.

22

Defendant.

23

24

25

26
1
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1 To: Defendant The GEO Group, Inc.

2

Plaintiffs Raul Novoa, Jaime Campos Fuentes, Abdiaziz Karim, and Ramon

3 Mancia individually and on behalf of all others similarly situated, by and through

4 undersigned counsel, hereby serve the following interrogatories and requests for

5 admission pursuant to Federal Rules of Civil Procedure 33 and 36.

6

7

INSTRUCTIONS

8

1. Each discovery request must be answered in full. If this cannot be done

9 after conducting a reasonable investigation, answer to the fullest extent possible,

10 explaining why a complete answer is not possible, stating any knowledge, information,

11 or belief concerning the unanswered portion of the discovery request, what information

12 or documents cannot be provided, why the information or documents are not available,

13 and what efforts were made to obtain the unavailable information or documents.

14

2. To the extent any of the following discovery requests are objectionable in

15 whole or in part, each objection must be stated with particularity, including the reasons

16 for the objection and the categories of information to which the objection applies. As

17 required by the Federal Rules of Civil Procedure, the discovery request must be answered

18 to the extent it is not objectionable.

19

20

21

22

23

24

25

26
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1

3. With respect to each item or category of items where applicable, you must

2 state objections and assert privileges, if any, as required by the Federal Rules of Civil

3 Procedure. If you withhold information for reasons of any privilege set forth the

4 following: the nature and basis of the privilege claimed; the subject matter of the

5 information; and provide sufficient information necessary to support the claim of

6 privilege.

7

4. If you find the meaning of any term in these discovery requests unclear,

8 you shall assume a reasonable meaning, state what the assumed meaning is, and respond

9 according to the assumed meaning.

10

5. In interpreting these discovery requests, definitions, and instructions: any

11 masculine, feminine, or neutral term includes all other genders; the singular includes the

12 plural and vice versa; and “or,” “and,” “and/or,” and “including” shall be read to bring

13 within the scope of the discovery request the broadest amount of information.

14

DEFINITIONS

15

As used in these interrogatories and requests for admission, the following terms

16 have the following meanings:

17

1. The terms “you,” “your,” and “GEO” mean Defendant The GEO Group,

18 Inc., and affiliated corporate entity or subsidiary (including any taxable REIT subsidiary)

19 through which The GEO Group, Inc. conducts business or receives revenue, as well

20 any officer, agent, employee, executive, or representative of GEO as defined herein.

21

2. The term “ICE” means the United States Immigration and Customs

22 Enforcement.

23

3. The term “detainee” means any person detained in an immigration

24 detention facility operated by you.

25

26
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1

4. The singular of each word shall be construed to include its plural and vice-

2 versa, and the root word and all derivations (i.e., “ing,” “ed,” etc.) shall be construed to

3 include each other.

4

5. The word “including” shall have its ordinary meaning and shall mean

5 “including but not limited to” and shall not indicate limitation to the examples or items

6 mentioned.

7

6. The term “concerning” means relating to, referring to, describing,

8 evidencing or constituting.

9

7. The term “Class Member” means any civilly detained immigrant who was

10 detained at any civil immigration detention center owned or operated by GEO in the

11 United States between December 19, 2007 and the date these requests are answered or

12 supplemented who subject to a GEO Housing Unit Sanitation Policy (HUSP) at any

13 point during their detention, excluding (1) individuals detained in GEO’s family

14 residential detention facility in Karnes City, Texas; (2) individuals detained in the

15 Alexandria Staging Facility in Alexandria, Louisiana; (3) any individual detained in the

16 custody of the U.S. Marshall or any other law enforcement agency at a GEO facility

17 where the company also detains civil immigration detainees pursuant to contracts with

18 ICE; and (4) civilly detained immigrants detainees held at the Aurora ICE Processing

19 Center in Aurora, Colorado at any time before October 22, 2014.

20

8. The term “Cohorting” refers to the practice of isolating multiple

21 laboratory-confirmed COVID-19 cases together as a group or quarantining close

22 contacts of a particular case together as a group.

23

9. The term “COVID-19” means the Coronavirus Disease 2019 as discussed

24 by the U.S. Centers for Disease Control and Prevention in its Interim Guidance on

25 Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities,

26
4
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1 available at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-

2 detention/guidance-correctional-detention.html.

3

10. The term “Facilities” means the Adelanto ICE Processing Center, the

4 Aurora ICE Processing Center, the Broward Transitional Center, the Central Valley

5 Annex, the Coastal Bend Detention Center, the Desert View Annex, the Folkston ICE

6 Processing Center, the Golden State Annex, the Joe Corley Processing Center, the

7 LaSalle ICE Processing Center, the Mesa Verde ICE Processing Center, the

8 Montgomery Processing Center, the Northwest ICE Processing Center, the Pine Prairie

9 ICE Processing Center, the Rio Grande Processing Center, the South Louisiana ICE

10 Processing Center, and the South Texas ICE Processing Center.

11

11. The term “PPE” means Personal Protective Equipment as used by the U.S.

12 Centers for Disease Control and Prevention in its Interim Guidance on Management of

13 Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, available at

14 https://www.cdc.gov/coronavirus/2019-ncov/community/correction-

15 detention/guidance-correctional-detention.html.

16

12. The term “CDC’s COVID-19 Detention Guidelines” means the guidelines

17 and recommendations provided by the U.S. Centers for Disease Control and Prevention

18 in its Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional

19 and Detention Facilities, available at https://www.cdc.gov/coronavirus/2019-

20 ncov/community/correction-detention/guidance-correctional-detention.html.

21

13. The term “community transmission,” with respect to COVID-19, refers to

22 individuals acquiring the disease “through contact with someone in their local

23 community, rather than through travel to an affected location.” See Interim Guidance on

24 Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities,

25 available at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-

26 detention/guidance-correctional-detention.html.
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1

14. The term “states with widespread community transmission” includes

2 Washington, Utah, Rhode Island, Oregon, Oklahoma, North Carolina, Massachusetts,

3 Maryland, Louisiana, Iowa, Illinois, Georgia, Connecticut, Colorado, California, and

4 Arizona.

5

6

REQUESTS FOR ADMISSIONS

7 REQUEST FOR ADMISSION NO. 1: Admit, with respect to each of the

8

following Facilities, that you do not adhere to CDC’s COVID-19 Detention Guidelines:

9

a. Adelanto ICE Processing Center

10

Response:

11

b. Aurora ICE Processing Center

12

Response:

13

c. Broward Transitional Center

14

Response:

15

d. Central Valley Annex

Response: 16

e. Desert View Annex

17 Response:

18

f. Folkston ICE Processing Center

19

Response:

20

g. Gold State Annex

21

Response:

22

h. Joe Corley Processing Center

23

Response:

24

i. LaSalle ICE Processing Center

25

Response:

j. Mesa Verde ICE Processing Center 26

6
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1

Response:

k. Montgomery Processing Center 2

Response: 3
l. Northwest ICE Processing Center

4

Response:

5

m. Pine Prairie ICE Processing Center

6

Response:

7

n. South Louisiana ICE Processing Center

8

Response:

9

o. South Texas ICE Processing Center

10

Response:

11 REQUEST FOR ADMISSION NO. 2: Admit, with respect to each of the
12 following Facilities, that you have not posted signage in each of your Facilities
13 communicating the symptoms of COVID-19:

14

a. Adelanto ICE Processing Center

15

Response:

b. Aurora ICE Processing Center 16

Response:

17 c. Broward Transitional Center

18

Response:

19

d. Central Valley Annex

20

Response:

21

e. Desert View Annex

22

Response:

23

f. Folkston ICE Processing Center

24

Response:

25 g. Gold State Annex
26
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1

Response:

h. Joe Corley Processing Center 2

Response: 3
i. LaSalle ICE Processing Center

4

Response:

5

j. Mesa Verde ICE Processing Center

6

Response:

7

k. Montgomery Processing Center

8

Response:

9

l. Northwest ICE Processing Center

10

Response:

11

m. Pine Prairie ICE Processing Center

Response: 12
n. South Louisiana ICE Processing Center 13
Response:

14

o. South Texas ICE Processing Center

15

Response:

16

17 REQUEST FOR ADMISSION NO. 3: Admit, with respect to each of the

18

following Facilities, that you have not posted signage communicating hand hygiene instructions to prevent the spread of COVID-19:

19

a. Adelanto ICE Processing Center

20

Response:

21

b. Aurora ICE Processing Center

22

Response:

23

c. Broward Transitional Center

24

Response:

25

d. Central Valley Annex

Response: 26

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1

e. Desert View Annex

Response: 2

f. Folkston ICE Processing Center 3
Response:

4

g. Gold State Annex

5

Response:

6

h. Joe Corley Processing Center

7

Response:

8

i. LaSalle ICE Processing Center

9

Response:

10

j. Mesa Verde ICE Processing Center

11

Response:

k. Montgomery Processing Center 12
Response:

13 l. Northwest ICE Processing Center

14

Response:

15

m. Pine Prairie ICE Processing Center

16

Response:

17

n. South Louisiana ICE Processing Center

18

Response:

19

o. South Texas ICE Processing Center

20

Response:

21 REQUEST FOR ADMISSION NO. 4: Admit, with respect to each of the
22 following Facilities, that Class Members who have arrived at your Facilities since

23 January 1, 2020, have come from states with widespread community transmission of

COVID-19.

24 a. Adelanto ICE Processing Center

25

Response:

26

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1

b. Aurora ICE Processing Center

Response: 2

c. Broward Transitional Center

3 Response:

4

d. Central Valley Annex

5

Response:

6

e. Desert View Annex

7

Response:

8

f. Folkston ICE Processing Center

9

Response:

10

g. Gold State Annex

11

Response:

h. Joe Corley Processing Center 12
Response:

13 i. LaSalle ICE Processing Center

14

Response:

15

j. Mesa Verde ICE Processing Center

16

Response:

17

k. Montgomery Processing Center

18

Response:

19

l. Northwest ICE Processing Center

20

Response:

21

m. Pine Prairie ICE Processing Center

Response:

22

n. South Louisiana ICE Processing Center

23

Response:

24

o. South Texas ICE Processing Center

25

Response:

26
10
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1

REQUEST FOR ADMISSION NO. 5: Admit, with respect to each of the following Facilities, that you do not provide liquid soap to each Class Member who

2 has performed duties pursuant to the HUSP program since January 1, 2020 for use

3 after they perform services.

a. Adelanto ICE Processing Center 4
Response: 5
b. Aurora ICE Processing Center

6

Response:

7

c. Broward Transitional Center

8

Response:

9

d. Central Valley Annex

10

Response:

11

e. Desert View Annex

12

Response:

13

f. Folkston ICE Processing Center

Response:

14

g. Gold State Annex

15

Response:

16

h. Joe Corley Processing Center

17

Response:

18

i. LaSalle ICE Processing Center

19

Response:

20

j. Mesa Verde ICE Processing Center

21

Response:

22

k. Montgomery Processing Center

Response: 23

l. Northwest ICE Processing Center 24
Response:

25

m. Pine Prairie ICE Processing Center

26

11
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1

Response:

n. South Louisiana ICE Processing Center 2

Response: 3
o. South Texas ICE Processing Center

4

Response:

5

6 REQUEST FOR ADMISSION NO. 6: Admit, with respect to each of the
7 following Facilities, that you do not provide sanitary hand drying materials to each Class Member who has performed duties pursuant to the HUSP program since January
8 1, 2020.

9

a. Adelanto ICE Processing Center

10

Response:

11

b. Aurora ICE Processing Center

12

Response:

13

c. Broward Transitional Center

Response:

14

d. Central Valley Annex

15

Response:

16

e. Desert View Annex

17

Response:

18

f. Folkston ICE Processing Center

19

Response:

20

g. Gold State Annex

21

Response:

22

h. Joe Corley Processing Center

Response: 23
i. LaSalle ICE Processing Center 24
Response:

25

j. Mesa Verde ICE Processing Center

26

12
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1

Response:

k. Montgomery Processing Center 2

Response: 3
l. Northwest ICE Processing Center

4

Response:

5

m. Pine Prairie ICE Processing Center

6

Response:

7

n. South Louisiana ICE Processing Center

8

Response:

9

o. South Texas ICE Processing Center

10

Response:

11

REQUEST FOR ADMISSION NO. 7: Admit, with respect to each of the 12 following Facilities, that you do not make no-touch trash receptacles for disposal

13 available to each Class Member who has performed duties pursuant to the HUSP

program since January 1, 2020. 14
a. Adelanto ICE Processing Center

15

Response:

16

b. Aurora ICE Processing Center

17

Response:

18

c. Broward Transitional Center

19

Response:

20

d. Central Valley Annex

21

Response:

22

e. Desert View Annex

Response: 23
f. Folkston ICE Processing Center 24
Response:

25

g. Gold State Annex

26

13
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Response:

h. Joe Corley Processing Center 2

Response: 3
i. LaSalle ICE Processing Center

4

Response:

5

j. Mesa Verde ICE Processing Center

6

Response:

7

k. Montgomery Processing Center

8

Response:

9

l. Northwest ICE Processing Center

10

Response:

11

m. Pine Prairie ICE Processing Center

Response: 12
n. South Louisiana ICE Processing Center 13
Response:

14

o. South Texas ICE Processing Center

15

Response:

16

17 REQUEST FOR ADMISSION NO. 8: Admit, with respect to each of the

18

following Facilities, that you do not provide alcohol-based hand sanitizer containing at least 60% alcohol to each Class Member who has performed duties pursuant to the

19 HUSP program since January 1, 2020.

20

a. Adelanto ICE Processing Center

21

Response:

22

b. Aurora ICE Processing Center

Response: 23
c. Broward Transitional Center 24
Response:

25

d. Central Valley Annex

26

14
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1

Response:

e. Desert View Annex 2

Response: 3
f. Folkston ICE Processing Center

4

Response:

5

g. Gold State Annex

6

Response:

7

h. Joe Corley Processing Center

8

Response:

9

i. LaSalle ICE Processing Center

10

Response:

11

j. Mesa Verde ICE Processing Center

Response: 12
k. Montgomery Processing Center 13
Response:

14

l. Northwest ICE Processing Center

15

Response:

16

m. Pine Prairie ICE Processing Center

17

Response:

18

n. South Louisiana ICE Processing Center

19

Response:

20

o. South Texas ICE Processing Center

21

Response:

22 REQUEST FOR ADMISSION NO. 9: Admit, with respect to each of the
23 following Facilities, that you restrict access to liquid soap to Class Members.

24

a. Adelanto ICE Processing Center

25

Response:

26

b. Aurora ICE Processing Center

15
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1

Response:

c. Broward Transitional Center 2

Response: 3
d. Central Valley Annex

4

Response:

5

e. Desert View Annex

6

Response:

7

f. Folkston ICE Processing Center

8

Response:

9

g. Gold State Annex

10

Response:

11

h. Joe Corley Processing Center

Response: 12
i. LaSalle ICE Processing Center 13
Response:

14

j. Mesa Verde ICE Processing Center

15

Response:

16

k. Montgomery Processing Center

17

Response:

18

l. Northwest ICE Processing Center

19

Response:

20

m. Pine Prairie ICE Processing Center

21

Response:

n. South Louisiana ICE Processing Center 22
Response:

23

o. South Texas ICE Processing Center

24

Response:

25

26
16
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REQUEST FOR ADMISSION NO. 10: Admit, with respect to each of the following Facilities, that you restrict access to alcohol-based hand sanitizer to Class

2 Members.

3

a. Adelanto ICE Processing Center

4

Response:

5

b. Aurora ICE Processing Center

6

Response:

c. Broward Transitional Center 7
Response:

8 d. Central Valley Annex

9

Response:

10

e. Desert View Annex

11

Response:

12

f. Folkston ICE Processing Center

13

Response:

14

g. Gold State Annex

15

Response:

h. Joe Corley Processing Center 16

Response: 17
i. LaSalle ICE Processing Center

18

Response:

19

j. Mesa Verde ICE Processing Center

20

Response:

21

k. Montgomery Processing Center

22

Response:

23

l. Northwest ICE Processing Center

24

Response:

25

m. Pine Prairie ICE Processing Center

Response: 26

17
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1

n. South Louisiana ICE Processing Center

Response: 2

o. South Texas ICE Processing Center 3
Response:

4

5 REQUEST FOR ADMISSION NO. 11: Admit that you do not provide EPA-
6 registered disinfectants effective against the virus that causes COVID-19 to each Class Member who has performed duties pursuant to the HUSP program since January 1,
7 2020.

8

a. Adelanto ICE Processing Center

9

Response:

10

b. Aurora ICE Processing Center

11

Response:

12

c. Broward Transitional Center

13

Response:

d. Central Valley Annex 14
Response:

15

e. Desert View Annex

16

Response:

17

f. Folkston ICE Processing Center

18

Response:

19

g. Gold State Annex

20

Response:

21

h. Joe Corley Processing Center

22

Response:

23

i. LaSalle ICE Processing Center

Response:

24

j. Mesa Verde ICE Processing Center

25

Response:

26

18
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1

k. Montgomery Processing Center

Response: 2

l. Northwest ICE Processing Center 3
Response:

4

m. Pine Prairie ICE Processing Center

5

Response:

6

n. South Louisiana ICE Processing Center

7

Response:

8

o. South Texas ICE Processing Center

9

Response:

10

11

REQUEST FOR ADMISSION NO. 12: Admit that you do not have each hard (non-porous) surface cleaned daily with a product that is EPA-approved for use against

12 the virus that causes COVID-19.

13 Response:

14

15

REQUEST FOR ADMISSION NO. 13: Admit that you do not provide personal protection equipment each Class Member who has performed duties pursuant to the

16 HUSP program since January 1, 2020.

17 Response:

18
19 REQUEST FOR ADMISSION NO. 14: Admit that you do not ensure that each Class Member who has performed duties pursuant to the HUSP program since January
20 1, 2020 has been trained to perform proper hand hygiene effective against contracting 21 the virus that causes COVID-19 after removing PPE.
Response: 22

23 REQUEST FOR ADMISSION NO. 15: Admit that you do not provide each
24 Class Member who has performed duties pursuant to the HUSP program since January

25 1, 2020 facemasks effective against contracting the virus that causes COVID-19 to use when they perform services pursuant to the HUSP program.
26

19
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1 Response:

2 REQUEST FOR ADMISSION NO. 16: Admit that you do not provide each
3 Class Member who has performed duties pursuant to the HUSP program since January 4 1, 2020 N95 respirators to use when they perform those services. 5 Response:

6 REQUEST FOR ADMISSION NO. 17: Admit that you do not provide each
7 Class Member who has performed duties pursuant to the HUSP program since January
8 1, 2020 disposable medical gloves to use when they perform services pursuant to the HUSP program.
9 Response:
10

11 REQUEST FOR ADMISSION NO. 18: Admit that surfaces and objects that are 12 frequently touched, especially in common areas, are not cleaned and disinfected each
day as part of the HUSP program with EPA-registered disinfectants effective against 13 the virus that causes COVID-19.
14 Response:
15

16 REQUEST FOR ADMISSION NO. 19: Admit, with respect to each of the following Facilities, that you have not tested each Class Member who has performed
17 duties pursuant to the HUSP program since January 1, 2020 for the virus that causes
18 COVID-19.

19

a. Adelanto ICE Processing Center

20

Response:

21

b. Aurora ICE Processing Center

Response:

22

c. Broward Transitional Center

23

Response:

24

d. Central Valley Annex

25

Response:

26

e. Desert View Annex

20

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1

Response:

f. Folkston ICE Processing Center 2

Response: 3
g. Gold State Annex

4

Response:

5

h. Joe Corley Processing Center

6

Response:

7

i. LaSalle ICE Processing Center

8

Response:

9

j. Mesa Verde ICE Processing Center

10

Response:

11

k. Montgomery Processing Center

Response: 12
l. Northwest ICE Processing Center 13
Response:

14

m. Pine Prairie ICE Processing Center

15

Response:

16

n. South Louisiana ICE Processing Center

17

Response:

18

o. South Texas ICE Processing Center

19

Response:

20

21

REQUEST FOR ADMISSION NO. 20: Admit, with respect to each of the following Facilities, that you do not quarantine for 14 days each Class Member who

22 has performed duties pursuant to the HUSP program since January 1, 2020 who has

23 been exposed to the virus that causes COVID-19.

a. Adelanto ICE Processing Center 24
Response:

25

b. Aurora ICE Processing Center

26

21
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1

Response:

c. Broward Transitional Center 2

Response: 3
d. Central Valley Annex

4

Response:

5

e. Desert View Annex

6

Response:

7

f. Folkston ICE Processing Center

8

Response:

9

g. Gold State Annex

10

Response:

11

h. Joe Corley Processing Center

Response: 12
i. LaSalle ICE Processing Center 13
Response:

14

j. Mesa Verde ICE Processing Center

15

Response:

16

k. Montgomery Processing Center

17

Response:

18

l. Northwest ICE Processing Center

19

Response:

20

m. Pine Prairie ICE Processing Center

21

Response:

n. South Louisiana ICE Processing Center 22
Response:

23

o. South Texas ICE Processing Center

24

Response:

25

26
22
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1

REQUEST FOR ADMISSION NO. 21: Admit, with respect to each of the following Facilities, that you do not enforce social distancing strategies of 6 feet

2 between each Class Member who has performed duties pursuant to the HUSP

3 program since January 1, 2020.

a. Adelanto ICE Processing Center 4
Response: 5
b. Aurora ICE Processing Center

6

Response:

7

c. Broward Transitional Center

8

Response:

9

d. Central Valley Annex

10

Response:

11

e. Desert View Annex

12

Response:

13

f. Folkston ICE Processing Center

Response:

14

g. Gold State Annex

15

Response:

16

h. Joe Corley Processing Center

17

Response:

18

i. LaSalle ICE Processing Center

19

Response:

20

j. Mesa Verde ICE Processing Center

21

Response:

22

k. Montgomery Processing Center

Response: 23

l. Northwest ICE Processing Center 24
Response:

25

m. Pine Prairie ICE Processing Center

26

23
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1

Response:

n. South Louisiana ICE Processing Center 2

Response: 3
o. South Texas ICE Processing Center

4

Response:

5

6 REQUEST FOR ADMISSION NO. 22: Admit, with respect to each of the

7 following Facilities, that you do not enforce social distancing strategies of 6 feet between detainees at each of your Facilities.

8 a. Adelanto ICE Processing Center

9

Response:

10

b. Aurora ICE Processing Center

11

Response:

12

c. Broward Transitional Center

13

Response:

14

d. Central Valley Annex

15

Response:

e. Desert View Annex 16

Response:

17 f. Folkston ICE Processing Center

18

Response:

19

g. Gold State Annex

20

Response:

21

h. Joe Corley Processing Center

22

Response:

23

i. LaSalle ICE Processing Center

24

Response:

25

j. Mesa Verde ICE Processing Center

Response: 26

24
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1

k. Montgomery Processing Center

Response: 2

l. Northwest ICE Processing Center 3
Response:

4

m. Pine Prairie ICE Processing Center

5

Response:

6

n. South Louisiana ICE Processing Center

7

Response:

8

o. South Texas ICE Processing Center

9

Response:

10

11

REQUEST FOR ADMISSION NO. 23: Admit, with respect to each of the following Facilities, that you do not quarantine all new intakes for 14 days before they

12 enter each of your Facilities’ general population with Class Members.

13

a. Adelanto ICE Processing Center

14

Response:

15

b. Aurora ICE Processing Center

Response: 16
c. Broward Transitional Center 17
Response:

18

d. Central Valley Annex

19

Response:

20

e. Desert View Annex

21

Response:

22

f. Folkston ICE Processing Center

23

Response:

24

g. Gold State Annex

25

Response:

h. Joe Corley Processing Center 26

25
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Response:

i. LaSalle ICE Processing Center 2

Response: 3
j. Mesa Verde ICE Processing Center

4

Response:

5

k. Montgomery Processing Center

6

Response:

7

l. Northwest ICE Processing Center

8

Response:

9

m. Pine Prairie ICE Processing Center

10

Response:

11

n. South Louisiana ICE Processing Center

Response: 12
o. South Texas ICE Processing Center 13
Response:

14

15 REQUEST FOR ADMISSION NO. 24: Admit, with respect to each of the

16 following Facilities, that you do not place detainees who are suspected COVID-19 cases under medical isolation.
17 a. Adelanto ICE Processing Center

18

Response:

19

b. Aurora ICE Processing Center

20

Response:

21

c. Broward Transitional Center

22

Response:

23

d. Central Valley Annex

24

Response:

25

e. Desert View Annex

Response: 26

26
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f. Folkston ICE Processing Center

Response: 2

g. Gold State Annex 3
Response:

4

h. Joe Corley Processing Center

5

Response:

6

i. LaSalle ICE Processing Center

7

Response:

8

j. Mesa Verde ICE Processing Center

9

Response:

10

k. Montgomery Processing Center

11

Response:

l. Northwest ICE Processing Center 12

Response:

13 m. Pine Prairie ICE Processing Center

14

Response:

15

n. South Louisiana ICE Processing Center

16

Response:

17

o. South Texas ICE Processing Center

18

Response:

19
20 REQUEST FOR ADMISSION NO. 25: Admit, with respect to each of the following Facilities, that you do not exclude individuals who develop symptoms of
21 COVID-19 from group activities.

22

a. Adelanto ICE Processing Center

23

Response:

24

b. Aurora ICE Processing Center

25

Response:

c. Broward Transitional Center 26

27
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1

Response:

d. Central Valley Annex 2

Response: 3
e. Desert View Annex

4

Response:

5

f. Folkston ICE Processing Center

6

Response:

7

g. Gold State Annex

8

Response:

9

h. Joe Corley Processing Center

10

Response:

11

i. LaSalle ICE Processing Center

Response: 12
j. Mesa Verde ICE Processing Center 13
Response:

14

k. Montgomery Processing Center

15

Response:

16

l. Northwest ICE Processing Center

17

Response:

18

m. Pine Prairie ICE Processing Center

19

Response:

20

n. South Louisiana ICE Processing Center

21

Response:

o. South Texas ICE Processing Center

22

Response:

23

24 REQUEST FOR ADMISSION NO. 26: Admit, with respect to each of the 25 following Facilities, that you do not ensure that individuals under medical isolation are

26
28
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1

housed separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully.

2

a. Adelanto ICE Processing Center

3

Response:

4

b. Aurora ICE Processing Center

5

Response:

6

c. Broward Transitional Center

7

Response:

8

d. Central Valley Annex

9

Response:

e. Desert View Annex 10
Response:

11

f. Folkston ICE Processing Center

12

Response:

13

g. Gold State Annex

14

Response:

15

h. Joe Corley Processing Center

16

Response:

17

i. LaSalle ICE Processing Center

18

Response:

j. Mesa Verde ICE Processing Center 19
Response:

20 k. Montgomery Processing Center

21

Response:

22

l. Northwest ICE Processing Center

23

Response:

24

m. Pine Prairie ICE Processing Center

25

Response:

26

n. South Louisiana ICE Processing Center

29
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1

Response:

o. South Texas ICE Processing Center 2

Response: 3

4 REQUEST FOR ADMISSION NO. 27: Admit, with respect to each of the

5 following Facilities, that you have not exempted every Class Member from the HUSP

6 program as a result of the COVID-19 pandemic.

a. Adelanto ICE Processing Center 7
Response:

8 b. Aurora ICE Processing Center

9

Response:

10

c. Broward Transitional Center

11

Response:

12

d. Central Valley Annex

13

Response:

14

e. Desert View Annex

15

Response:

f. Folkston ICE Processing Center 16

Response:

17 g. Gold State Annex

18

Response:

19

h. Joe Corley Processing Center

20

Response:

21

i. LaSalle ICE Processing Center

22

Response:

23

j. Mesa Verde ICE Processing Center

24

Response:

25

k. Montgomery Processing Center

Response: 26

30
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1

l. Northwest ICE Processing Center

Response: 2

m. Pine Prairie ICE Processing Center

3 Response:

4

n. South Louisiana ICE Processing Center

5

Response:

6

o. South Texas ICE Processing Center

7

Response:

8

9 REQUEST FOR ADMISSION NO. 28: Admit, with respect to each of the following Facilities, that you have not increased the number of non-detainee staff
10 trained and responsible for cleaning common areas to ensure continual cleanliness of

11 such areas throughout the day in lieu of performing those cleaning functions with Class

Member labor through the HUSP program.

12 a. Adelanto ICE Processing Center

13

Response:

14

b. Aurora ICE Processing Center

15

Response:

16

c. Broward Transitional Center

17

Response:

18

d. Central Valley Annex

19

Response:

20

e. Desert View Annex

Response: 21
f. Folkston ICE Processing Center

22

Response:

23

g. Gold State Annex

24

Response:

25

h. Joe Corley Processing Center

26

Response:

31
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1

i. LaSalle ICE Processing Center

Response: 2

j. Mesa Verde ICE Processing Center 3
Response:

4

k. Montgomery Processing Center

5

Response:

6

l. Northwest ICE Processing Center

7

Response:

8

m. Pine Prairie ICE Processing Center

9

Response:

10

n. South Louisiana ICE Processing Center

11

Response:

o. South Texas ICE Processing Center 12

Response:

13

14 REQUEST FOR ADMISSION NO. 29: Admit, with respect to each of the 15 following Facilities, that you do not provide a no-cost supply of soap to each Class
Member who has performed duties pursuant to the HUSP program since January 1, 16 2020 sufficient to allow frequent hand washing in connection with performing duties 17 as part of the HUSP program.

18

a. Adelanto ICE Processing Center

19

Response:

20

b. Aurora ICE Processing Center

Response: 21
c. Broward Transitional Center

22

Response:

23

d. Central Valley Annex

24

Response:

25

e. Desert View Annex

26

Response:

32
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1

f. Folkston ICE Processing Center

Response: 2

g. Gold State Annex 3
Response:

4

h. Joe Corley Processing Center

5

Response:

6

i. LaSalle ICE Processing Center

7

Response:

8

j. Mesa Verde ICE Processing Center

9

Response:

10

k. Montgomery Processing Center

11

Response:

l. Northwest ICE Processing Center 12

Response:

13 m. Pine Prairie ICE Processing Center

14

Response:

15

n. South Louisiana ICE Processing Center

16

Response:

17

o. South Texas ICE Processing Center

18

Response:

19

20

INTERROGATORIES

21 Interrogatory No.1: For each of your Facilities, as of April 1, 2020, state:

22

a. The total number of Class Members participating in the HUSP program;

23

b. The total number of Class Members who have contracted COVID-19;

24

c. The total number of Class Members who have been exposed to the

25

COVID-19 virus;

26
33
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1

d. The total number of Class Members who have been medically isolated as a result of their exposure to the COVID-19 virus;

2

e. The total number of Class Members who have exhibited a fever, dry

3

cough, or shortness of breath since January 1, 2020;

4

f. The total number of Class Members who have been tested for the

COVID-19 virus.

5 Response:

6

Interrogatory No.2: At which of your Facilities, as of April 1, 2020, do you provide 7 liquid soap to each Class Member for use after they perform services pursuant to the

8 HUSP program?

9 Response:

10 Interrogatory No.3: At which of your Facilities, as of April 1, 2020, do you provide sanitary hand drying materials to each Class Member for use after they perform services
11 pursuant to the HUSP program?

12 Response:

13 Interrogatory No.4: At which of your Facilities, as of April 1, 2020, do you provide

14 no-touch trash receptacles for disposal to each Class Member for use after they

15 perform services pursuant to the HUSP program? Response:
16

17

Interrogatory No.5: At which of your Facilities, as of April 1, 2020, do you provide alcohol-based hand sanitizer containing at least 60% alcohol to each Class Member for

18 use after they perform services pursuant to the HUSP program?

19 Response:

20 Interrogatory No.6: At which of your Facilities, as of April 1, 2020, do you provide

21

each Class Member EPA-registered disinfectants effective against the virus that causes COVID-19 to use when they perform services pursuant to the HUSP program?

22 Response:

23 Interrogatory No.7: At which of your Facilities, as of April 1, 2020, do you provide
24 each Class Member the following supplies to use when they perform services pursuant

25 to the HUSP program:

26

a. facemasks effective against contracting the virus that causes COVID-19;

34
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1

b. N95 respirators;

c. disposable medical gloves. 2

Response: 3

4 Interrogatory No.8: At which of your Facilities, what prevents you from employing

5 non-detainee staff trained and responsible for cleaning common areas to ensure

6

continual cleanliness of such areas throughout the day in lieu of performing those cleaning functions with Class Member labor through the HUSP program?

7 Response:

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26
35
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1 Dated: April 6, 2020 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
PLAINTIFFS’ EXPEDITED DISCOVERY REQUESTS TO DEFENDANT THE GEO GROUP, INC.

Respectfully submitted,
/s/ Daniel H. Charest Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com TX Bar # 24057803 Will Thompson (CA Bar # 289012) wthompson@burnscharest.com Warren Burns (admitted pro hac vice) wburns@burnscharest.com TX Bar # 24053119 E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com TX Bar # 20585590 BURNS CHAREST LLP 900 Jackson St., Suite 500 Dallas, Texas 75202 Telephone: (469) 904-4550 Facsimile: (469) 444-5002
Robert Ahdoot (CA Bar # 172098) rahdoot@ahdootwolfson.com Tina Wolfson (CA Bar # 174806) twolfson@ahdootwolfson.com Theodore W Maya (CA Bar # 223242) tmaya@ahdootwolfson.com Alex R. Straus (CA Bar # 321366) astraus@ahdootwolfson.com AHDOOT & WOLFSON, PC 10728 Lindbrook Drive Los Angeles, California 90024-3102 Telephone: (310) 474-9111 Fax: (310) 474-8585
Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com LA Bar # 30002 Lydia A. Wright (admitted pro hac vice)
36
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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
PLAINTIFFS’ EXPEDITED DISCOVERY REQUESTS TO DEFENDANT THE GEO GROUP, INC.

lwright@burnscharest.com LA Bar # 37926 C. Jacob Gower (admitted pro hac vice) jgower@burnscharest.com LA Bar # 34564 BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Facsimile: (504) 881-1765
R. Andrew Free (admitted pro hac vice) andrew@immigrantcivilrights.com TN Bar # 030513 LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209 Telephone: (844) 321-3221 Facsimile: (615) 829-8959
Nicole Ramos (admitted pro hac vice) nicole@alotrolado.org NY Bar # 4660445 AL OTRO LADO 511 E. San Ysidro Blvd., # 333 San Ysidro, CA 92173 Telephone: (619) 786-4866
Attorneys for Plaintiffs
37
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1

CERTIFICATE OF SERVICE

2

I, Daniel H. Charest, declare under penalty of perjury that I caused a true and

3

correct copy of this document to be served upon counsel listed below by email on April 6, 2020.

4

5

Colin Barnacle Christopher J. Eby

6

AKERMAN LLP

1900 Sixteenth Street, Suite 1700

7

Denver, CO 80202

8

T: 303-260-7712

F: 303-260-7714

9

colin.barnacle@akerman.com

10

christopher.eby@akerman.com

11

Damien DeLaney

12

Ashley Calhoun

Michael Gallion

13

AKERMAN LLP

14

601 West Fifth Street Suite 300

Los Angeles, CA 90071

15

T: 213-688-9500

16

F: 213-627-6342

damien.delaney@akerman.com

17

ashley.calhoun@akerman.com

18

michael.gallion@akerman.com

19

/s/ Daniel H. Charest

20

Daniel H. Charest (admitted pro hac vice)

dcharest@burnscharest.com

21

TX Bar # 24057803

22

BURNS CHAREST LLP

900 Jackson St., Suite 500

23

Dallas, Texas 75202

24

Telephone: (469) 904-4550

Facsimile: (469) 444-5002

25

26
38
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EXHIBIT B

Case 5:17-cv-02514-JGB-SHK Document 254-2 Filed 04/06/20 Page 2 of 16 Page ID #:5228

1 Daniel H. Charest (admitted pro hac vice)

2

dcharest@burnscharest.com TX Bar # 24057803

3 Warren Burns (admitted pro hac vice)

4

wburns@burnscharest.com TX Bar # 24053119

5 E. Lawrence Vincent (admitted pro hac vice)

6

lvincent@burnscharest.com TX Bar # 20585590

7 BURNS CHAREST LLP

900 Jackson St., Suite 500 8 Dallas, Texas 75202

9 Telephone: (469) 904-4550

Facsimile: (469) 444-5002 10

11 Counsel for Plaintiffs

12 Additional Counsel on Signature Page

13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

15

EASTERN DIVISION

16 RAUL NOVOA, JAIME CAMPOS
17 FUENTES, ABDIAZIZ KARIM, and Civil Action No. 5:17-cv-02514-JGBRAMON MANCIA individually and on SHKx
18 behalf of all others similarly situated,

19
20 v.
21

Plaintiffs,

22 THE GEO GROUP, INC.,

NOTICE OF EXPEDITED RULE 30(B)(6) DEPOSITION OF THE GEO GROUP, INC.

23

Defendant.

24

25

26

1
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1

Please take notice that, pursuant to Rule 30(b)(6) of the Federal Rules of Civil

2 Procedure, Plaintiffs in the above-captioned matter will take the deposition by oral 3 4 examination of Defendant The GEO Group, Inc. (“GEO”) through one or more

5 officers, directors, managing agents, or such other authorized persons who consent to

6 testify on GEO’s behalf. The deposition will take place at the following dates, times, and
7 places before a court reporter and videographer:
8

9

Date & Time:

April 10, 2020 at 9:00 a.m. PST

10

Place:

11

12

Veritext 316 West 2nd Street, Suite 200 Los Angeles, CA 90012 Or by remote video conferencing

13 Method of Recording: Stenographically and by video
14

15

GEO has a duty to designate one or more officers, directors, managing agents, or

16 other persons with sufficient knowledge to testify on its behalf on all information known

17 or reasonably available to each on the topics set forth below.
18

19

The deposition will be taken for the purpose of discovery, to perpetuate the

20 testimony of the witness(es) for use at trial, and for all other purposes permitted under

21 the Federal Rules of Civil Procedure. The deposition will be taken before a notary public 22
23 or other officer authorized by law to administer oaths for use in this litigation as set forth

24 above. The deposition will continue from day to day until completed.

25

26

2
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1

DEFINITIONS

2

1. The terms “you,” “your,” and “GEO” are defined as the Defendant The

3 GEO Group, Inc., and any affiliated corporate entity or subsidiary (including any taxable
4

5 REIT subsidiary) through which The GEO Group, Inc. conducts business or receives

6 revenue, as well any officer, agent, employee, executive, or representative of GEO as

7 defined herein.
8

9

2. The term “ICE” is defined as the United States Immigration and Customs

10 Enforcement and includes, but is not limited to, any predecessor or successor agencies,

11 and any divisions, departments, affiliates, agents, attorneys, representatives, employees,
12
13 and/or other persons acting on its behalf.

14

3. The term “Adelanto Facility” is defined as the Adelanto ICE Processing

15 Center, located in Adelanto, California, and operated by GEO pursuant to a federal 16 17 contract with ICE.

18

4. The term “Voluntary Work Program” is defined as any program GEO

19 operates involving labor performed by detainees for remuneration of any kind that
20 includes tasks outside those described in Section 5.8.V.C of the 2011 ICE Performance-
21

22 Based National Detention Standards (“PBNDS”) (rev. 2016).

23

5. The term “Adelanto Policy and Procedures Manual” is defined as any

24 document or series of documents authored, issued, or promulgated by GEO involving
25

26 policies, procedures, practices, post orders, guidelines, standards, or expectations

3
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1 regarding the maintenance and operation of the Adelanto Facility, e.g. GEO-

2 Novoa_00000221.

3

4

6. The term “PBNDS” is defined as any version of the 2011 ICE

5 Performance-Based National Detention Standards.

6

7. The terms “Housing Unit Sanitation Policy, ” “HUSP,” “HUSPs,” and

7

“Sanitation Procedures/Housekeeping Plan” are defined as any program, policy, plan, 8

9 or procedure GEO operates involving labor performed by detainees for no

10 remuneration that includes sanitation and cleaning tasks in the detainees’ housing units,
11 dormitories, pods, or living areas. See, e.g., GEO-Novoa_00000515 (“Sanitation
12
13 Procedures/Housekeeping Plan”).

14

8. The term “Class Member” means any civilly detained immigrant who was

15 detained at any civil immigration detention center owned or operated by GEO in the
16

17 United States between December 19, 2007 and the date these requests are answered or

18 supplemented who subject to a GEO Housing Unit Sanitation Policy (HUSP) at any
19 point during their detention, excluding (1) individuals detained in GEO’s family
20 21 residential detention facility in Karnes City, Texas; (2) individuals detained in the

22 Alexandria Staging Facility in Alexandria, Louisiana; (3) any individual detained in the

23 custody of the U.S. Marshall or any other law enforcement agency at a GEO facility 24 25 where the company also detains civil immigration detainees pursuant to contracts with

26

4
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1 ICE; and (4) civilly detained immigrants detainees held at the Aurora ICE Processing

2 Center in Aurora, Colorado at any time before October 22, 2014.

3

4

9. The term “detainee” or “detained immigrant” is defined as any person

5 detained in an immigration detention facility operated by GEO.

6

10. The term “person” is defined as any natural person or business, legal, or

7

governmental entity or association. 8

9

11. The terms “policy” or “policies” mean each rule, procedure, or directive,

10 formal or informal, written or unwritten, and each common understanding or course of 11
conduct that was recognized as such by Defendant or persons acting or purporting to 12
13 act on Defendant’s behalf, that has been in effect at any time during the period covered

14 by these demands. These terms include any change of policy.
15 12. The singular of each word shall be construed to include its plural and vice-
16
17 versa, and the root word and all derivations (i.e., “ing,” “ed,” etc.) shall be construed to

18 include each other.

19 13. The words “knowledge,” “information,” “possession,” “custody,” and
20
21 “control” of a person shall be construed to include such person’s agents, representatives,

22 and attorneys.

23

14. The word “including” shall have its ordinary meaning and shall mean

24

25 “including but not limited to” and shall not indicate limitation to the examples or items

26 mentioned.

5
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1

15. The term “communication” means the transmittal of information by any

2 means (in the form of facts, ideas, inquiries, or otherwise).

3

4

16. The terms “concerning” “regarding” and “relating to” mean relating to,

5 supporting, contradicting, summarizing memorializing, describing, evidencing,

6 constituting, containing, studying, identifying, analyzing, considering, regarding,
7 explaining, mentioning, showing, discussing, comprising or commenting on.
8

9

17. Each of the terms “all,” “any,” “each,” and “every” shall be construed as

10 meaning all, any, each and every. 11
18. The terms “and” and “or” shall be construed both disjunctively and 12
13 conjunctively.

14

19. The term “document” shall have the broadest meaning possible under the

15 Federal Rules of Civil Procedure and shall include, but not be limited to, the original (or
16

17 a copy when the original is not available) and each non-identical copy (including those

18 which are non-identical by reason of translations, notations, or markings) or any and all
19 other written, printed, typed, punched, taped, filmed, or graphic matter or recorded or
20 21 tangible thing, or whatever description, however produced or reproduced (including

22 computer-stored or generated data, together with instructions or programs necessary to

23 search and retrieve such data and hard copies where available and retrievable), and shall 24 25 include all attachments to and enclosures with any requested item, to which they are

26 attached or with which they are enclosed, and each draft thereof. The term document

6
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1 shall specifically include all recorded or retrievable electronic data or communications

2 such as electronic mail (e-mail) and the like and all translations thereof. Any document 3 4 with any marks of any sheet or side thereof, including but limited to initials, routing

5 instructions, metadata, date stamps, and/or any comment, marking or notation of any

6 kind or character which is not a part of the original and/or any reproduction thereof, is
7 to be considered a separate document.
8

9

20. “Communication” shall refer to any form of communication, including any

10 oral, written, electronic, or other exchange of words, thoughts, information, or ideas to 11
another person or entity, whether in person, in a group, by telephone, by letter, by 12
13 facsimile, or by any other process, electric, electronic, or otherwise. All such

14 communications in writing shall include, without limitation, printed, typed, handwritten,
15 or other readable documents, correspondence, memoranda, reports, contracts, drafts
16
17 (both initial and subsequent), computer discs or transmissions, e-mails, instant messages,

18 tape or video recordings, voicemails, diaries, log books, minutes, notes, studies, surveys

19 and forecasts, and any and all copies thereof.
20

21

21. The term “Facilities” means the Adelanto ICE Processing Center, the

22 Aurora ICE Processing Center, the Broward Transitional Center, the Central Valley

23 Annex, the Coastal Bend Detention Center, the Desert View Annex, the Folkston ICE 24 25 Processing Center, the Golden State Annex, the Joe Corley Processing Center, the

26 LaSalle ICE Processing Center, the Mesa Verde ICE Processing Center, the

7
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1 Montgomery Processing Center, the Northwest ICE Processing Center, the Pine Prairie

2 ICE Processing Center, the Rio Grande Processing Center, the South Louisiana ICE 3 4 Processing Center, and the South Texas ICE Processing Center.

5

22. The term “COVID-19” means the Coronavirus Disease 2019 as discussed

6 by the U.S. Centers for Disease Control and Prevention in its Interim Guidance on 7
Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, 8
9 available at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-

10 detention/guidance-correctional-detention.html. 11
23. The term “Cohorting” refers to the practice of isolating multiple 12
13 laboratory-confirmed COVID-19 cases together as a group or quarantining close

14 contacts of a particular case together as a group.
15 24. The term “PPE” means Personal Protective Equipment as used by the U.S.
16
17 Centers for Disease Control and Prevention in its Interim Guidance on Management of

18 Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, available at
19 https://www.cdc.gov/coronavirus/2019-ncov/community/correction-
20 21 detention/guidance-correctional-detention.html.

22

25. The term “CDC’s COVID-19 Detention Guidelines” means the guidelines

23 and recommendations provided by the U.S. Centers for Disease Control and Prevention 24 25 in its Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional

26

8
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1 and Detention Facilities, available at https://www.cdc.gov/coronavirus/2019-

2 ncov/community/correction-detention/guidance-correctional-detention.html.

3

4

26. The term “community transmission,” with respect to COVID-19, refers to

5 individuals acquiring the disease “through contact with someone in their local

6 community, rather than through travel to an affected location.” See Interim Guidance on 7
Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities, 8
9 available at https://www.cdc.gov/coronavirus/2019-ncov/community/correction-

10 detention/guidance-correctional-detention.html. 11
27. The term “states with widespread community transmission” includes 12
13 Washington, Utah, Rhode Island, Oregon, Oklahoma, North Carolina, Massachusetts,

14 Maryland, Louisiana, Iowa, Illinois, Georgia, Connecticut, Colorado, California, and
15 Arizona.
16

17 RULE 30(b)(6) TOPICS
18
The deponent(s) shall be prepared to address the following topics: 19

20 Topic 1: 21 22 Topic 2: 23 24 25 26

The steps you have taken at each of the Facilities to implement and adhere to CDC’s COVID-19 Detention Guidelines.
The steps you have taken at each of the Facilities to provide Personal Protection Equipment, training, and materials for personal hygiene including (but not limited to) liquid soap, sanitary hand drying materials, no-touch trash receptacles, facemasks, N95 respirators, disposable medical gloves, alcohol-based hand sanitizer containing at least 60% alcohol, and EPA-registered disinfectants effective against the virus that causes COVID-19, to each Class Member for use in connection with their performance of services pursuant to the HUSP program.

9
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1 Topic 3: 2 3
Topic 4: 4 5

The steps you have taken at each of the Facilities to test each Class Member for to the virus that causes COVID-19 who has performed duties as part of the HUSP program.
The steps you have taken at each of the Facilities to quarantine for 14 days each Class Member exposed to the virus that causes COVID-19 who has performed duties as part of the HUSP program.

6 Topic 5:
7
8 Topic 6:
9

The steps you have taken at each of the Facilities to enforce social distancing strategies of 6 feet between each Class Member who has performed duties as part of the HUSP program since January 1, 2020.
The steps you have taken at each of the Facilities to enforce social distancing strategies of 6 feet between detainees at each of your Facilities.

10 Topic 7: 11
12

The steps you have taken at each of the Facilities to quarantine all new intakes for 14 days before they enter each of your Facilities’ general population with Class Members.

13 Topic 8:
14 Topic 9:
15

The steps you have taken at each of the Facilities to place detainees who are suspected COVID-19 cases under medical isolation.
The steps you have taken at each of the Facilities to exclude individuals who develop symptoms of COVID-19 from group activities.

16 Topic 10: The steps you have taken at each of the Facilities to ensure that individuals

17

under medical isolation are housed separately, in single cells with solid walls

18

(i.e., not bars) and solid doors that close fully.

19 Topic 11: The steps you have taken at each of the Facilities to increase the number

of non-detainee staff trained and responsible for cleaning common areas

20

to ensure continual cleanliness of such areas throughout the day in lieu of

21

performing those cleaning functions with Class Member labor through the

HUSP program.

22

Topic 12: For each of your Facilities, as of April 1, 2020:

23

a. The total number of Class Members participating in the HUSP

24

program;

25

b. The total number of Class Members who have contracted COVID-

26

19;

10
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1

c. The total number of Class Members who have been exposed to the

2

COVID-19 virus;

d. The total number of Class Members who have been medically isolated

3

as a result of their exposure to the COVID-19 virus;

4

e. The total number of Class Members who have exhibited a fever, dry

5

cough, or shortness of breath since January 1, 2020; and

6

f. The total number of Class Members who have been tested for the

COVID-19 virus.

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

11
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1 Dated: April 6, 2020 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
NOTICE OF EXPEDITED RULE 30(B)(6) DEPOSITION OF THE GEO GROUP, INC.

Respectfully,
/s/ Daniel H. Charest Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com TX Bar # 24057803 Will Thompson (CA Bar # 289012) wthompson@burnscharest.com Warren Burns (admitted pro hac vice) wburns@burnscharest.com TX Bar # 24053119 E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com TX Bar # 20585590 BURNS CHAREST LLP 900 Jackson St., Suite 500 Dallas, Texas 75202 Telephone: (469) 904-4550 Facsimile: (469) 444-5002
Robert Ahdoot (CA Bar # 172098) rahdoot@ahdootwolfson.com Tina Wolfson (CA Bar # 174806) twolfson@ahdootwolfson.com Theodore W Maya (CA Bar # 223242) tmaya@ahdootwolfson.com Alex R. Straus (CA Bar # 321366) astraus@ahdootwolfson.com AHDOOT & WOLFSON, PC 10728 Lindbrook Drive Los Angeles, California 90024-3102 Telephone: (310) 474-9111 Fax: (310) 474-8585
Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com LA Bar # 30002 Lydia A. Wright (admitted pro hac vice)
12
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1

lwright@burnscharest.com

2

LA Bar # 37926 C. Jacob Gower (admitted pro hac vice)

3

jgower@burnscharest.com

4

LA Bar # 34564 BURNS CHAREST LLP

5

365 Canal Street, Suite 1170

6

New Orleans, LA 70130 Telephone: (504) 799-2845

7

Facsimile: (504) 881-1765

8

R. Andrew Free (admitted pro hac vice)

9

andrew@immigrantcivilrights.com

TN Bar # 030513

10

LAW OFFICE OF R. ANDREW FREE

11

P.O. Box 90568

Nashville, TN 37209

12

Telephone: (844) 321-3221

13

Facsimile: (615) 829-8959

14

Nicole Ramos (admitted pro hac vice)

15

nicole@alotrolado.org

NY Bar # 4660445

16

AL OTRO LADO

17

511 E. San Ysidro Blvd., # 333

San Ysidro, CA 92173

18

Telephone: (619) 786-4866

19 Counsel for Plaintiffs
20

21

22

23

24

25

26

13
NOTICE OF EXPEDITED RULE 30(B)(6)
DEPOSITION OF THE GEO GROUP, INC.

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 254-2 Filed 04/06/20 Page 15 of 16 Page ID #:5241

1

CERTIFICATE OF SERVICE

2

Plaintiffs, by and through undersigned counsel, hereby certifies that a true

and correct copy of this expedited notice of Rule 30(b)(6) deposition of The GEO 3 Group, Inc. was served upon the following counsel in this matter, by email, on April

4 6, 2020.

Colin Barnacle

5

Christopher J. Eby

6

AKERMAN LLP

1900 Sixteenth Street, Suite 1700

7

Denver, CO 80202

8

T: 303-260-7712

F: 303-260-7714

9

colin.barnacle@akerman.com

10

christopher.eby@akerman.com

11

Damien DeLaney

12

Ashley Calhoun

David Van Pelt

13

Michael Gallion

14

AKERMAN LLP

601 West Fifth Street Suite 300

15

Los Angeles, CA 90071

16

T: 213-688-9500 F: 213-627-6342

17

damien.delaney@akerman.com

18

ashley.calhoun@akerman.com david.vanpelt@akerman.com

19

michael.gallion@akerman.com

20 Dated: April 6, 2020

21

/s/ Daniel H. Charest

22

Daniel H. Charest (admitted pro hac vice)

dcharest@burnscharest.com

23

TX Bar # 24057803

24

BURNS CHAREST LLP

900 Jackson St., Suite 500

25

Dallas, Texas 75202

26

Telephone: (469) 904-4550

Facsimile: (469) 444-5002

14
NOTICE OF EXPEDITED RULE 30(B)(6)
DEPOSITION OF THE GEO GROUP, INC.

5:17-cv-02514-JGB

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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
15
NOTICE OF EXPEDITED RULE 30(B)(6) DEPOSITION OF THE GEO GROUP, INC.

5:17-cv-02514-JGB

 
 Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 1 of 29 Page ID #:5243

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 AKERMAN LLP

MICHAEL L. GALLION (SBN 189128)

2 DAVID VAN PELT (SBN 163690)

ASHLEY BOBO (SBN 312714)

3 601 West Fifth Street, Suite 300

Los Angeles, California 90071 4 Telephone: (213) 688-9500

Facsimile: (213) 627-6342

5 Email: michael.gallion@akerman.com

david.vanpelt@akerman.com

6

ashley.bobo@akerman.com

7 COLIN L. BARNACLE (admitted pro hac vice)

ADRIENNE SCHEFFEY (admitted pro hac vice) 8 ASHLEY E. CALHOUN (SBN 270530)

1900 Sixteenth Street, Suite 1700 9 Denver, Colorado 80202

Telephone: (303) 260-7712 10 Facsimile: (303) 260-7714

Email: colin.barnacle@akerman.com

11

adrienne.scheffey@akerman.com

ashley.calhoun@akerman.com 12

Attorneys for Defendant 13 THE GEO GROUP, INC.

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

16 RAUL NOVOA, JAIME CAMPOS

17

FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on

18 behalf of all others similarly situated,

19 vs.

Plaintiff,

20 THE GEO GROUP, INC.,
21 Defendant.
22 THE GEO GROUP, INC.,

23 24 vs.

Counter-Claimant,

25

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and

26 RAMON MANCIA, individually and on behalf of all others similarly situated,

27

Counter-Defendant.

28

Case No. 5:17-cv-02514-JGB-SHKx
Assigned to Hon. Jesus G. Bernal
DEFENDANT THE GEO GROUP, INC.’S OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS
Hearing Date: None Set
TAC Filed: September 16, 2019 SAC Filed: December 24, 2018 FAC Filed: July 6, 2018 Comp. Filed: December 19, 2017 Trial Date: February 2, 2021

52631576;4

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR

A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 2 of 29 Page ID #:5244

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 TABLE OF CONTENTS

2

Page

3 4 I. 5 II. 6 III.
7
8
9
10
11
12
13
14
15
16
17
18
19
20 IV.
21 V.
22 VI.
23

INTRODUCTION .................................................................................................. 1
GEO’S RESPONSE TO COVID-19. ..................................................................... 2
TEMPORARY RESTRAINING ORDER ............................................................. 5 a. Plaintiffs Cannot Establish A Likelihood of Success on the Merits............ 6
i. Plaintiffs Lack Standing to Seek A TRO........................................... 6 b. Plaintiffs Fail to Establish a Likelihood of Success on the Merits of
their TVPA claim. ...................................................................................... 11 c. Plaintiffs Have an Available Remedy at Law............................................ 13 d. Plaintiffs Will Not Suffer Immediate Irreparable Harm in the
Absence of Injunctive Relief...................................................................... 14 e. The Balance of the Equities and the Public Interest Weighs Against
a Preliminary Injunction............................................................................. 16 i. The Public Interest is Served by Following the Directives of
Public Health Officials, Not the Whims of Plaintiffs’ Counsel. ........................................................................................... 16 ii. The Provision of Class-Wide Testing and Personal Protective Equipment (PPE) is Contrary to the Public Interest.............................................................................................. 17 iii. A Nationwide Injunction is Against the Public Interest to Have Issues Presented to District Courts Nationwide. .................... 19
PLAINTIFFS MUST PAY A BOND .................................................................. 21
THE RELIEF AVAILABLE UNDER THE TVPA IS LIMITED....................... 22
CONCLUSION .................................................................................................... 23

24

25

26

27

28

52631576;4

i

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

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AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1

2

TABLE OF AUTHORITIES

3

Page(s)

4 Cases
5 Am. Trucking Ass’ns v. City of Los Angeles,
6 559 F.3d 1046 (9th Cir. 2009) ..........................................................................5, 6

7 Barrientos v. CoreCivic, Inc., 8 2020 WL 964358 (11th Cir. Feb. 28, 2020) .................................................12, 20

9 Barrientos v. CoreCivic, 10 M.D. Ga. Case No. 4:18-cv-00070-CDL, 2018 WL 1836209 (M.D.Ga.) .........20

11 Basank v. Decker, 12 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020)....................................................21

13 Blum v. Yaretsky, 457 U.S. 991 (1982).............................................................................................. 7
14

15

Cannabis Sci., Inc. v. Afaneh, No. 2:13-CV-00114-GMN, 2013 WL 273219 (D. Nev. Jan. 23, 2013) ............12

16 Caribbean Marine Servs. Co. v. Baldrige,
17 844 F.2d 668 (9th Cir. 1988) ..............................................................................14

18 City of Los Angeles v. Lyons, 19 461 U.S. 95 (1983)................................................................................................6

20 Clapper v. Amnesty Int’l USA, 21 568 U.S. 398 (2013)..........................................................................................6, 7

22 DaimlerChrysler Corp. v. Cuno 23 547 U.S. 332 (2006)..............................................................................................6

24 US v. Dann, 652 F.3d 1160 (9th Cir. 2011) ............................................................................13
25

26

Davis v. Federal Election Com’n, 128 S.Ct. 2759 ......................................................................................................6

27

28

52631576;4

ii

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 4 of 29 Page ID #:5246

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 Dawson v. Asher, Case No. C20-040JLR-MAT (W. D. Wash. April 8, 2020) ..............................16
2 Dep’t of Homeland Sec. v. New York,
3 140 S. Ct. 599 (2020) (Gorsuch, J., concurring) ..................................................2
4 DISH Network Corp. v. FCC,
5 653 F.3d 771 (9th Cir. 2011) ................................................................................6

6 Earth Island Inst. v. Carlton, 7 626 F.3d 462 (9th Cir. 2010) ................................................................................5

8 Fabiola-Almeida v. Barr, 9 20-cv-490-RSM-BAT, Dkt. No. 11 (W.D. Wash. Apr. 6, 2020).......................21

10 Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167 (2000).............................................................................................. 7
11
12 Geagea v. Holder, 466 F. App’x 502 (6th Cir. 2012).........................................................................2
13 Gill v. Whitford,
14 138 S.Ct. 1916 (2018)...........................................................................................7
15 Hernandez v. Wolf,
16 No. 5:20-cv-00617-TJH..........................................................................13, 14, 23
17 Johnson v. Couturier, 18 572 F.3d 1067 (9th Cir. 2009) ............................................................................22

19 Jorgensen v. Cassiday, 20 320 F.3d 906(9th Cir.2003) ................................................................................22

21 L.A. Mem’l Coliseum Comm’n v. Nat’l Football League, 22 634 F.2d 1197 (9th Cir. 1980) ............................................................................14

23 Lewis v. Casey, 518 U.S. 343 (1996).............................................................................................. 7
24

25

Los Angeles Haven Hospice, Inc. v. Sebelius, 638 F.3d 644 (9th Cir. 2011) ..............................................................................20

26

Lujan v. Defenders of Wildlife, 27 504 U.S. 555 (1992)..............................................................................................6

28

52631576;4

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CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

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AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 Mayfield v. United States, 599 F.3d 964 (9th Cir. 2010) ............................................................................8, 9
2 United States v. Mendoza,
3 464 U.S. 154, 104 S.Ct. 568, 78 L.Ed.2d 379 (1984) ........................................20
4 Menocal v. GEO,
5 D. Colo. Case No. 1:14-cv-02887 ......................................................................20

6 Native Vill. of Kivalina v. ExxonMobil Corp., 7 696 F.3d 849 (9th Cir. 2012), cert denied, ––– U.S. ––––, 133 S.Ct. 2390, 185
L.Ed.2d 1116 (2013).......................................................................................9, 10 8
9 Nintendo of America, Inc. v. Lewis Galoob Toys, Inc., 16 F.3d 1032 (9th Cir. 1994) ..............................................................................22
10 Owino v. CoreCivic,
11 S. D. Cal. Case No. 3:17-cv01112-JLS-NLS .....................................................20
12 Patel v. Barr,
13 20-cv-488-RSM-BAT, Dkt. No. 9 (W.D. Wash. April 2, 2020)........................21

14 Stormans, Inc. v. Selecky, 15 571 F.3d 960 (9th Cir.2009) .................................................................................9

16 Stuhlbarg Int’l Sales Co. v. John D.Brush & Co., 17 240 F.3d 832 (9th Cir. 2001) ................................................................................5

18 Tillett v. Bureau of Land Mgmt., 19 No. CV 14-73-BLG-SPW, 2014 WL 12543843 (D. Mont. June 11, 2014) ......12

20 Town of Chester, N.Y. v. Laroe Estates, Inc., 137 S.Ct. 1645 (2017)...........................................................................................6
21

22

Trump v. Hawaii, 138 S. Ct. 2392, 201 L. Ed. 2d 775 (2018).....................................................1, 19

23 Virginia Society for Human Life, Inc. v. Federal Election Commission,
24 263 F.3d 379 (4th Cir. 2001) ..............................................................................20

25 Winter v. Natural Res. Defense Council, Inc., 26 555 U.S. 7 (2008)..............................................................................................5, 6

27 Youngberg v. Romeo,

28 457 U.S. 307 (1982)............................................................................................16

52631576;4

iv

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 6 of 29 Page ID #:5248

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 Statutes

2 Trafficking Victims Protection Act 18 U.S.C. § 1589 et. seq. .........................passim

3 Rules

4 Federal Rule of Civil Procedure 65(c).....................................................................22
5 Other Authorities
6 CDC, Cleaning and Disinfection for Households, available at
7 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cleaning8 disinfection.html (last visited April 7, 2020)........................................................8

9 Centers of Disease Control, https://www.cdc.gov/coronavirus/201910 ncov/community/correction-detention/faq.html.................................................16

11 Cleaning and Disinfection for Households, available at

12

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cleaningdisinfection.html ...........................................................................................11, 15

13 Disease Control, Strategies to Optimize the Supply of PPE and Equipment,
14 https://www.cdc.gov/coronavirus/2019-ncov/hcp/ppe-strategy/index.html 18, 19

15 From Publicly Reported Confirmed Cases: Estimation and Application, available at 16 https://www.ncbi.nlm.nih.gov/pubmed/32150748 (last visited April 7, 2020) ...4

17 Healthcare Settings, available at https://www.cdc.gov/coronavirus.........................4

18 Office of the Inspector General, Hospital Experiences Responding to the COVID-19

19 Pandemic: Results of a National Pulse Survey March 23-27, 2020, available at

20

https://oig.hhs.gov/oei/reports/oei-06-2000300.asp?utm_source=web&utm_medium=web&utm_campaign=covid-19-

21 hospital-survey-04-06-2020 (last visited April 7, 2020) ....................................18

22 Sheila Kaplan, Despite Promises, Testing Delays Leave Americans ‘Flying Blind’,

23 available at https://www.nytimes.com/2020/04/06/health/coronavirus-testingus.html (last accessed April 7, 2020)..................................................................17
24

25

Testing for COVID_-9, available at https://www.cdc.gov/coronavirus/2019ncov/symptoms-testing/testing.html (last accessed April 7, 2020)....................18

26

27

28

52631576;4

v

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 7 of 29 Page ID #:5249

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1

I. INTRODUCTION

2

Plaintiffs’ application for a Temporary Restraining Order (“TRO”) on an

3 emergency basis does not seek relief related to COVID-19. Rather, it uses the

4 pandemic, and the justifiable unease throughout the country, to make an end run

5 around the remaining process in the current case and skip to the merits of whether

6 GEO’s policies relating to detainees’ cleanup of their living areas constitutes forced

7 labor under the Trafficking Victims Protection Act (“TVPA”) 18 U.S.C. § 1589 et.

8 seq. This regrettable exploitation of the COVID-19 crisis facing the nation should not

9 be tolerated by this Court.

10

Plaintiffs provide absolutely no evidence that detainees are at a higher risk of

11 contracting COVID-19 by cleaning up after themselves in their general living areas.

12 Nor do they provide a legal justification that housekeeping tasks, in the current

13 COVID-19 environment, violate the TVPA. Indeed, it is unclear how detainees are at

14 a higher risk of contracting COVID-19 by complying with a policy that serves to

15 ensure that basic tenets of personal hygiene are followed. It defies reason that

16 reducing detainees diligence and responsibility for their own personal hygiene would

17 be an appropriate response to COVID-19—let alone one this Court should endorse.

18 While cleanliness is always important, it is of paramount importance now.

19

Furthermore, a nationwide injunction is not appropriate here. Plaintiffs have not

20 produced evidence from all facilities related to their current claims, instead relying

21 upon declarations from only two (2) facilities. See ECF 253 (containing declarations

22 from two (2) facilities). As Justice Thomas recently explained, nationwide injunctions

23 “are beginning to take a toll on the federal court system—preventing legal questions

24 from percolating through the federal courts, encouraging forum shopping, and making

25 every case a national emergency for the courts and for the Executive Branch.” Trump

26 v. Hawaii, 138 S. Ct. 2392, 2425, 201 L. Ed. 2d 775 (2018). This is surely true here

27 where Plaintiffs seek nothing more than a preview of this Court’s opinion on the

28 merits of their claim, wholly unrelated to COVID-19. This Court should not be thrust

52631576;4

1

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

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AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 into “rushed, high-stakes, low-information decisions” regarding a novel and complex

2 application of the TVPA absent concrete evidence that doing so would alleviate the

3 spread of COVID-19. Dep’t of Homeland Sec. v. New York, 140 S. Ct. 599, 600

4 (2020) (Gorsuch, J., concurring). For these reasons, Plaintiffs’ TRO should be denied.

5

II. GEO’S RESPONSE TO COVID-19.

6

Plaintiffs’ TRO presents a broad overview of the current pandemic facing the

7 United States, but fails to provide any information about the extensive response by

8 both GEO and ICE within detention facilities to curtail detainee exposure to COVID-

9 19 and ensure the safety and security of all those who live and work at GEO

10 facilities.1 In so doing, Plaintiffs paint a picture of inevitable spread within the GEO

11 facilities which they claim can be redressed only through the elimination of

12 housekeeping requirements. ECF 251-1. To the contrary, GEO (and ICE) have

13 implemented expansive policies to address the COVID-19 risks and ensure the safety

14 of all detainees. Through these polices, GEO detainees are currently cohabiting

15 similar to millions across the country—with added precautions to their daily lives,

16 diligent personal hygiene, and regimented social distancing.

17

Among these measures, GEO has created polices at its facilities2 consistent with

18
1 The certified class includes 12 facilities: Adelanto, Aurora, Broward, Mesa Verde, Montgomery,

19 Northwest/Tacoma, South Texas, Folkston, Joe Corley, LaSalle, Pine Prairie, and South Louisiana.

Because Plaintiffs bear the burden of establishing a TRO is proper, and because Plaintiffs have
20 submitted declaration evidence related only to LaSalle Ice Processing Center (“LIPC”) and Aurora

21

ICE Processing Center (“Aurora”), GEO focuses on those facilities in this response. GEO further notes that the “submission of general news articles does not constitute ‘material’ evidence” and

22 therefore should not be considered to be “evidence” by this Court. Geagea v. Holder, 466 F. App’x
502, 508 (6th Cir. 2012).

23 2 For purposes of this motion, GEO addresses those facilities for which Plaintiffs’ submitted

evidence: LIPC and Aurora. Plaintiffs submitted three (3) declarations from detainees at the LIPC
24 and one (1) from Aurora. GEO also submits evidence from the Adelanto facility, even though the

25 named Plaintiffs were not detained during the pendency of COVID-19, their experiences are limited
to the Adelanto facility where they were detained. GEO also presents evidence from the Northwest

26 Ice Processing Center in Tacoma, Washington (“NWIPC”) because the declaration submitted herein
is publicly available on PACER. Given the truncated response time for this response, GEO was
27 limited to evidence from these facilities. Given additional time, GEO could submit information

about other facilities about which the Court has concerns. That said, Plaintiffs bear the initial burden
28 and have failed to present any evidence as to the majority of GEO facilities that are part of the

52631576;4

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CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

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AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 the Centers for Disease Control and Prevention’s Interim Guidance on Management of

2 Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities. See

3 Declaration of David Van Pelt, Exs. 1 (Dec. of Janecka), 2 (Dec. of Ceja), 3 (Dec. of

4 Cole), and 4 (Dec. of Langford). With these principles in mind, GEO has enhanced

5 information, limited exposure from outside visitors, and increased sanitation. Id. As a

6 result of these measures, the LIPC, Aurora, NWIDC, and the Adelanto ICE Processing

7 Center (“Adelanto Facility”) do not have any reported cases of COVID-19.3 Exs. 1, 2,

8 3, 4, and 5 (Dec. of Valdez).

9

As to increased information for detainees, GEO has held multiple town hall

10 meetings for detainees whereby detainees can ask medical professionals questions

11 about COVID-19. Exs. 1, 2, 3, and 4. These town halls serve to keep detainees aware

12 of the ongoing situation. Id. Further, detainees are provided with information about

13 COVID-19 in their living areas as well as instructional videos about how they can

14 wash their hands properly. Exs. 1, 2, 3, and 4.

15

Additionally, GEO and ICE have implemented a number of limitations to

16 reduce the introduction of any outside sources of contamination into a facility and

17 allow for social distancing. Exs. 1, 2, 3, and 4. ICE has temporarily stopped all in-

18 person visitation for detainees and their family and friends with the exception of

19 detainees’ attorney visits. Exs. 1, 2, 3, and 4. Attorneys who wish to enter the building

20 must wear Personal Protective Equipment (“PPE”) including a surgical mask, goggles,

21 and gloves. Id. Otherwise, all visits are restricted to videoconferencing on tablets that

22 are provided to detainees. Id. All individuals entering the facilities, including GEO

23 employees and ICE staff, must pass a screening for COVID-19 including completing a

24 questionnaire and having their temperature taken. Any individuals with a fever or who

25 report recent travel or symptoms on their questionnaires are denied access. Id. GEO

26
certified class.

27 3 GEO reiterates that this information is limited to these facilities because of the truncated timeline

for a response and the fact that Plaintiffs did not provide accounts of individuals detained at other
28 facilities.

52631576;4

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CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

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AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 employees are instructed to stay home if ill and are not allowed to work if they show

2 any symptoms consistent with COVID-19. Id.

3

GEO has also placed restrictions on detainee contact within the facility to

4 decrease the spread of COVID-19. The facilities have placed restrictions on any new

5 detainees who arrive at the facility. Exs.1, 2, 3, and 4. Detainees are screened for

6 COVID-19 exposure prior to entering the building; detainees who present symptoms

7 or other travel related risks for exposure to COVID-19 are either turned away or

8 housed in medical negative pressure rooms. Exs. 1, 2, 3, and 4. Detainees who do not

9 present symptoms are placed in separate housing, quarantined from the existing

10 population for a minimum of fourteen (14) days and monitored for signs and

11 symptoms of COVID-19. Exs. 1, 2, 3, and 4. This treatment of potentially

12 asymptomatic detainees comports with the CDC’s recommendations that an

13 asymptomatic individual should avoid contact with others for seven (7) to ten (10)

14 days.4 Research indicates that 99% of individuals who fall ill do so within 14 days.5

15 Additionally, GEO has adjusted how detainees are housed to ensure that each living

16 unit or pod is significantly below its typical capacity, which provides for additional

17 space and social distancing between detainees. Exs. 1, 2, 3, 4. GEO has also worked to

18 allow social distancing during mealtimes, recreation, library use, and common area

19 use through a number of facility-specific measures based upon the unique

20 characteristics of each facility. Exs. 1, 2, 3, and 4.

21

Furthermore, GEO has implemented enhanced hygiene practices. Exs. 1, 2, 3,

22 and 4. The facilities utilize cleaning products that the EPA has deemed to be effective

23 against COVID-19. Exs. 1, 2, 3, and 4. GEO has also assessed its stock of soap and

24

25

4 Centers for Disease Control and Prevention (hereinafter “CDC”), Discontinuation of Isolation for Persons with COVID-19 Not in Healthcare Settings, available at https://www.cdc.gov/coronavirus

26 /2019-ncov/hcp/disposition-in-home-patients.html (updated April 4, 2020) (last accessed April 7,
2020).
27 5 Lauer SA, The Incubation Period of Coronavirus Disease 2019 (COVID-19) From Publicly

Reported Confirmed Cases: Estimation and Application, available at
28 https://www.ncbi.nlm.nih.gov/pubmed/32150748 (last visited April 7, 2020).

52631576;4

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CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 11 of 29 Page ID #:5253

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 cleaning supplies at each facility to ensure there is no risk of a shortage in the near

2 future. Id. GEO diligently monitors the detainee population and ensures that all

3 detainees have access to soap and cleaning supplies at all times. Id. Additionally, new

4 polices require staff to increase the cleaning of high-touch surfaces, ensuring that

5 living areas and other portions of the facility are cleaned multiple times per day. Id.

6 GEO is not diluting disinfectants below effective levels. Id. GEO also plays a video

7 on a loop in all housing areas that demonstrates the proper handwashing technique. Id.

8

Furthermore, GEO staff have been issued surgical masks within the past week.

9 Going forward each GEO staff member will receive three (3) masks a week with

10 instructions for their use and disposal. Id. There can be no question that GEO is taking

11 the risks associated with COVID-19 seriously and implementing extensive measures

12 to reduce the risk of infection. See Exs. 1, 2, 3, and 4. GEO’s measures are clearly

13 working, as there are no reported cases of COVID-19 at the LIPC, Aurora, NWIPC

14 and Adelanto Facility. Exs. 1, 2, 3, and 4.

15

III. TEMPORARY RESTRAINING ORDER

16

The standard for issuing a temporary restraining order is substantially identical

17 to the standard for issuing a preliminary injunction. See Stuhlbarg Int’l Sales Co. v.

18 John D.Brush & Co., 240 F.3d 832, 839 n.7 (9th Cir. 2001). Injunctive relief is an

19 extraordinary remedy that may only be awarded upon a clear showing that the plaintiff

20 is entitled to such relief.” See Winter v. Natural Res. Defense Council, Inc., 555 U.S.

21 7, 2 (2008). In seeking injunctive relief, Plaintiffs “face a difficult task in proving that

22 [they are] entitled to this ‘extraordinary remedy’.” See Earth Island Inst. v. Carlton,

23 626 F.3d 462, 469 (9th Cir. 2010), citing Winter, supra, 555 U.S. at 23. A plaintiff

24 “must establish that he is likely to succeed on the merits, that he is likely to suffer

25 irreparable harm in the absence of preliminary relief, that the balance of equities tips

26 in his favor, and that an injunction is in the public interest.” Am. Trucking Ass’ns v.

27 City of Los Angeles, 559 F.3d 1046, 1052 (9th Cir. 2009) (quoting Winter, supra, 555

28 U.S. at 20. A “possibility” of irreparable harm is insufficient; irreparable harm must

52631576;4

5

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 12 of 29 Page ID #:5254

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 be likely absent an injunction. Id.; see also Winter, 555 U.S. at 22 (rejecting the Ninth

2 Circuit’s earlier rule that the “possibility” of irreparable harm, as opposed to its

3 likelihood, was sufficient in some circumstances to justify a preliminary injunction).

4

Plaintiffs bear the burden of demonstrating that each of these four (4) factors

5 are met. DISH Network Corp. v. FCC, 653 F.3d 771, 776-77 (9th Cir. 2011).

6

a. Plaintiffs Cannot Establish A Likelihood of Success on the Merits.

7

i. Plaintiffs Lack Standing to Seek A TRO.

8

The “irreducible constitutional minimum of standing” contains three (3)

9 requirements. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992). First, a

10 plaintiff must have suffered an “injury in fact”—an invasion of a legally protected

11 interest which is (a) concrete and particularized, and (b) “actual or imminent, not

12 ‘conjectural’ or ‘hypothetical.’” Id. The “injury or threat of injury must be both real

13 and immediate, not conjectural or hypothetical.” City of Los Angeles v. Lyons, 461

14 U.S. 95, 101–2 (1983) (citations omitted). Second, the injury has to be “fairly . . .

15 trace[able] to the challenged action of the defendant, and not . . . the result [of] the

16 independent action of some third party not before the Court.” Id. Third, it must be

17 “likely,” as opposed to merely “speculative” that the injury will be “redressed by a

18 favorable decision.” Id. at 560-61(internal citations omitted). Redressability requires

19 that there “be a causal connection between the injury and the conduct complained of”;

20 the injury cannot be the result of third party actions, Lujan, supra, 504 U.S. at 560, or

21 self-inflicted, Clapper v. Amnesty Int’l USA, 568 U.S. 398, 418 (2013).

22

The Supreme Court has held that “a plaintiff must demonstrate standing for

23 each claim he seeks to press and for each form of relief that is sought.” Davis v.

24 Federal Election Com’n, 128 S.Ct. 2759, 2769 (internal quotation marks omitted); see

25 also DaimlerChrysler Corp. v. Cuno 547 U.S. 332, 352 (2006) (“[A] plaintiff must

26 demonstrate standing separately for each form of relief sought”); Town of Chester,

27 N.Y. v. Laroe Estates, Inc., 137 S.Ct. 1645, 1650–51 (2017). “[A] plaintiff who has

28 been subject to injurious conduct of one kind possess by virtue of that injury the

52631576;4

6

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 13 of 29 Page ID #:5255

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 necessary stake in litigating conduct of another kind, although similar, to which he has

2 not been subject.” Lewis v. Casey, 518 U.S. 343, 358 (1996) (citing Blum v. Yaretsky,

3 457 U.S. 991, 999 (1982)).While the Court already found standing for Plaintiffs’ to

4 bring suit for other permanent injunctive relief, a plaintiff must demonstrate standing

5 separately for each form of relief sought, Friends of the Earth, Inc. v. Laidlaw Envtl.

6 Servs. (TOC), Inc., 528 U.S. 167, 185 (2000), and they cannot for this request for a

7 TRO.

8

1. Plaintiffs Cannot Establish A Concrete, Non-

9

Hypothetical Injury.

10

Plaintiffs fail to establish that they would suffer a concrete, non-hypothetical

11 injury absent entry of a TRO, and therefore they lack standing to seek emergency

12 prospective relief. Clapper, 568 U.S at 418. None of the Plaintiffs bringing this TRO

13 are detained, i.e., the actual movants are not the beneficiaries of any change in the

14 housekeeping policy, nor do they face any adverse consequences if the policy is not

15 changed—which forms the basis for their motion and requested relief. See Declaration

16 of Van Pelt ¶ 6. And, none of the movants have demonstrated an elevated risk of

17 COVID-19 due to any acts or omissions of GEO. COVID-19 was not a pressing

18 concern when this case was certified, or when Plaintiffs were detained, and therefore

19 Plaintiffs have not established that they have suffered injuries related to the COVID-

20 19 specific relief they seek here. Plaintiffs have not submitted any additional evidence

21 that would support a finding that they have standing. To be sure, there is no risk that

22 any of the named Plaintiffs, all of whom live outside of the GEO facilities, and one (1)

23 of whom lives in Somalia. Put simply, none of the Plaintiffs have met their burden to

24 show they are at an increased harm of COVID-19 because of the housekeeping

25 policies within GEO-ICE detention centers. Thus, they lack standing to bring this

26 TRO since regardless of the outcome, their status quo will remain unchanged and they

27 will suffer no injury. See Gill v. Whitford, 138 S.Ct. 1916, 1930 (2018) (rejecting

28 standing for a statewide gerrymandering challenge because a plaintiff’s remedy must

52631576;4

7

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 14 of 29 Page ID #:5256

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 be limited to his injury).

2

2. Plaintiffs Cannot Establish That Their Proposed Relief is

3

Likely to Redress Concerns about the Spread of COVID-

4

19.

5

To establish standing, Plaintiffs must also demonstrate “a ‘substantial

6 likelihood’ that the relief sought would redress the injury. Mayfield v. United States,

7 599 F.3d 964, 971 (9th Cir. 2010). They cannot do so here.

8

Despite opening their brief with a bold and unsupported statement that

9 “COVID-19 has found its way into GEO detention facilities,”6 the GEO facilities

10 where all declarants and Plaintiffs were formerly detained7 currently have zero cases

11 of COVID-19. Thus there is no basis for claiming that the housekeeping duties would

12 expose detainees to a higher risk of COVID-19. And, even if COVID-19 were present

13 in the GEO facilities, Plaintiffs have failed to establish that the relief sought in this

14 case is likely to reduce the spread of COVID-19 in any meaningful way. Here,

15 Plaintiffs challenge only the housekeeping tasks within GEO’s facilities on the basis

16 that keeping one’s area clean increases the risk of COVID-19.8 Yet, Plaintiffs do not

17

18
6 Indeed, Plaintiffs’ concurrent motion for discovery as to COVID-19 in the various facilities makes

19 clear that Plaintiffs’ motion is premature because they currently do not possess the requisite

evidentiary basis for their claims.
20 7 Ms. Frazer has been released from Aurora. C Ex. 2, Ceja Decl. Messiers Karim, Mancia, Novoa,

21

and Campos Fuentes were released from the Adelanto Facility before COVID-19 came to fruition. Van Pelt Decl. ¶ 7. Ms. Dejaso submitted a declaration for a case unrelated to the present case which

22 states that as of March 27th she was detained at the LIPC. ECF 253-2. Ms. Bosque also submitted a
declaration dated March 27th for a separate case stating that she is currently detained at the LIPC.

23 ECF 253-1. Neither individual as able to sign their declaration. ECF 253-1, 235-2. Ms. Barrios did

not submit a declaration herself, rather her attorney submitted a declaration in an unrelated case
24 describing his understanding of their conversation—which creates obvious hearsay issues. ECF 253-

25 4. Surely, Plaintiffs could have, at a minimum reached out to Ms. Barrios’ attorney and asked him
for a declaration specific to this case but did not do so. Ms. Barrios’ declarations should not be

26 considered by this Court because they were not created for this action, do not directly address the
clams at issue here, and are not subject to cross-examination. To the extent the Court considers her
27 declaration, it states that she was detained at the LIPC as of April 1, 2020.
8 To the contrary, the CDC has made clear that cleaning one’s living area helps prevent the spread of
28 COVID-19. CDC, Cleaning and Disinfection for Households, available at

52631576;4

8

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 15 of 29 Page ID #:5257

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 challenge the practice of obtaining Voluntary Work Program (“VWP”) volunteers to

2 assist with cleaning tasks in the housing areas.9 ECF 252-2. And, Plaintiffs do not

3 seek to have detainees who participate in that cleaning program enjoined from doing

4 so. Id. Thus, even if successful, any order will not enjoin all detainee cleaning, just a

5 small subset of detainees. Certainly, even assuming arguendo that reduced cleaning

6 could somehow help prevent the spread of COVID-19, the relief Plaintiffs seek will

7 not meaningfully stop the spread of COVID-19. Certainly, Plaintiffs have claimed that

8 cleaning their living space as part of the VWP and cleaning their common areas as

9 part of the housekeeping plan are separate tasks that have an overlap in duties. See

10 ECF Nos. 192-3 through 192-6. Because Plaintiffs do not seek to enjoin all cleaning

11 within the facilities, is unclear how the relief Plaintiffs seek could be logically tied to

12 the spread of COVID-19 as the same individuals would still be free to perform the

13 same or similar cleaning tasks as part of the VWP after any TRO issues.10

14

3. Plaintiffs Do Not Present Evidence that Ceasing

15

Cleaning Under the Housekeeping Policies Would

16

Prevent or Reduce the Spread of COVID-19.

17

Where the alleged relief will do nothing to redress prior injuries or prevent

18 future injuries, Plaintiffs do not have standing. Stormans, Inc. v. Selecky, 571 F.3d 960

19 (9th Cir.2009). “The line of causation between the defendant’s action and the

20 plaintiff’s harm must be more than attenuated.” Native Vill. of Kivalina v. ExxonMobil

21 Corp., 696 F.3d 849, 867 (9th Cir. 2012) (citations and quotes omitted), cert denied, –

22

23 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cleaning-disinfection.html (last

visited April 7, 2020).
24 9 It is altogether unclear why or how COVID-19 is more likely to spread among individuals who live

25 together and must clean up after themselves for no compensation, but somehow less likely to spread
among those who participate in the VWP. This omission is perhaps the most telling indication of

26 how tenuously tied to COVID-19 Plaintiffs’ motion truly is.
10 GEO notes that Ms. Dejaso complains about her participation in the VWP, referencing the dollar
27 per day she is paid. These duties would continue even if Plaintiffs receive all relief they seek here as

Plaintiffs do not seek to halt the operation of the VWP. Nor could they as their claim that detainees
28 should be classified as “employees” does not provide relief from performing the tasks in question.

52631576;4

9

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 16 of 29 Page ID #:5258

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 133 S.Ct. 2390, 185 L.Ed.2d 1116 (2013). Here, Plaintiffs present no evidence that

2 ending general housekeeping policies would make it less likely for individuals to

3 contract COVID-19 in the future. Plaintiffs concede that “[s]ocial distancing, i.e.,

4 physical separation from known or potentially infected individuals, and vigilant

5 hygiene, including washing hands with soap and water, are the only known effective

6 measures for protecting vulnerable people from COVID-19.” ECF 252-1, 10. GEO

7 currently ensures both of these measures have been implemented in its facilities. See

8 Exs. 1, 2, , 3, 4, 5. GEO abides by social distancing, to the extent possible in a

9 detention setting, by reducing the number of detainees in each living unit, reducing

10 who comes and goes from each facility, reducing the number of individuals who

11 participate in various programs including library time and recreation, and limiting

12 detainee contact to only those who have been screened for COVID-19 risk factors. Id.

13 GEO also instructs all detainees on proper handwashing and provides ample soap for

14 detainees to frequently wash their hands. Id. As an added precaution, GEO has

15 enhanced the cleaning of high-touch surfaces within its facilities. Id.

16

Plaintiffs seem to indicate that infection is inevitable, regardless of detention

17 status, explaining that “most people in the United States will be exposed to the virus

18 ‘[i]n the coming months.’” ECF 252-1, 9. At the same time, GEO has managed to

19 avoid infections at the LIPC, Aurora, NWIPC and Adelanto Facility, through the

20 implementation of its policies despite the fact that the facilities are located in

21 population centers with high infection rates including Washington and California.

22 Exs. 1, 2, 3, 4, 5. Plaintiffs offer no evidence that those who are detained will fare any

23 better in avoiding COVID-19 if they do not participate in the housekeeping policy.11

24 To the contrary, CDC guidance makes clear that “routine cleaning of frequently

25 touched surfaces,” such as the housekeeping tasks performed by detainees, help to

26
11 The only citation related to cleanliness within ICE detention centers, as it relates to COVID-19,

27 cited the inability of a facility to “keep the detention facilities sufficiently clean to combat the spread

of the virus.” ECF 252-1 at n. 78. This is inapposite to the present case where GEO has implemented
28 robust cleaning measures to combat the spread of the virus. Exs. 1, 2, 3, 4, 5.

52631576;4

10

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 17 of 29 Page ID #:5259

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 reduce the spread of COVID-19.12 Thus, because Plaintiffs’ proposed relief is not

2 substantially likely to reduce the likelihood detainees will contract COVID-19,

3 Plaintiffs have not met their burden to establish causation and therefore do not have

4 standing.

5

b. Plaintiffs Fail to Establish a Likelihood of Success on the Merits of

6

their TVPA claim.

7

In Plaintiffs’ motion, they cite to the TVPA as the basis for their claim for relief

8 and likely success on the merits. ECF 252-1, 15. The TVPA makes it a penalty to

9 force individuals to work under the threat of serious harm. 18 U.S.C. § 1589. Thus,

10 Plaintiffs seek to enjoin GEO from implementing programs in its detention centers

11 whereby detainees clean their living areas. However, this cause of action is wholly

12 unrelated to COVID-19 and the potential for it to spread throughout GEO’s facilities.

13 Rather, were this Court to issue a TRO that would prohibit GEO from asking all

14 detainees to help ensure the hygiene of the detained population and corresponding

15 living areas it would be antithetical to stopping the spread of COVID-19. Further, any

16 such order would lack a legal basis in the TVPA.

17

Plaintiffs do not indicate how it is a violation of the TVPA to require routine

18 cleaning of an individual’s living area in the midst of a pandemic.13 Plaintiffs instead

19 state that “GEO’s acquisition of free labor by threatening Class Members with reprisal

20 violates the TVPA.” ECF 252-1. But, this lacks a basis rooted in the current COVID-

21 19 crisis and instead relies upon Plaintiffs’ class certification arguments. Plaintiffs

22 provide no legal support for how the TVPA would apply to prevent GEO from

23 requiring detainees to contribute to cleaning their own areas during a pandemic to

24

25 12 Cleaning and Disinfection for Households, available at https://www.cdc.gov/coronavirus/2019-

26 ncov/prevent-getting-sick/cleaning-disinfection.html
13 Plaintiffs’ reliance upon previously filed briefs in support of their ongoing claims for relief are
27 insufficient to establish why emergency relief is appropriate here, as a result of COVID-19. Plaintiffs

cannot vaguely allege injuries related to COVID-19 that are unrelated to their claim for relief and
28 satisfy their burden to establish a likelihood of success on the merits.

52631576;4

11

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 18 of 29 Page ID #:5260

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 ensure they avoid serious harm. Nor do Plaintiffs explain how the TVPA provides a

2 basis for this Court to order GEO to test detainees of COVID-19 or provide PPE to

3 detainees. As Plaintiffs have failed to establish a legal basis for relief, they have

4 equally failed to establish a likelihood of success on the merits. Tillett v. Bureau of

5 Land Mgmt., No. CV 14-73-BLG-SPW, 2014 WL 12543843, at *1 (D. Mont. June 11,

6 2014) (“[Plaintiff] fails to state a legal basis for a preliminary injunction. Vague

7 references to laws without further analysis are insufficient.”); Cannabis Sci., Inc. v.

8 Afaneh, No. 2:13-CV-00114-GMN, 2013 WL 273219, at *3 (D. Nev. Jan. 23, 2013)

9 (failure to establish a legal basis for a claim indicates a Plaintiff cannot show a

10 likelihood of success on the merits).

11

Plaintiffs cite to Barrientos for the proposition that detention facilities are not

12 excluded from the reach of the TVPA, which they claim establishes they are likely to

13 succeed on the merits of their underlying claim (unrelated to COVID-19). Barrientos

14 v. CoreCivic, Inc., 2020 WL 964358 (11th Cir. Feb. 28, 2020). Yet, when read in full,

15 Barrientos explicitly endorsed the housekeeping procedures at issue in this action

16 stating:

17

To be clear, our opinion should not be read to call into question the

18

legality of . . . longstanding requirements that detainees or inmates be

required to perform basic housekeeping tasks . . . in the interest of

19

maintaining order in an immigration detention facility, the PBNDS

20

authorize punishments for detainees who, among other things, refuse to

complete basic personal housekeeping tasks or organize work stoppages.

21

See generally PBNDS § 3.1. Our decision should likewise not be read to

22

imply that these basic disciplinary measures, on their own, give rise to

TVPA liability. 23

24

Id. at *7 (emphasis added). Here, the relief sought is directly contrary to

25 Barrientos, relief from general housekeeping requirements without any showing of

26 “serious harm.” Thus, Barrientos does not provide Plaintiffs a colorable basis for

27 claiming they are likely to succeed on the merits.

28

To the extent that Plaintiffs will argue that COVID-19 itself is the “serious

52631576;4

12

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 19 of 29 Page ID #:5261

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 harm” which Plaintiffs in the facility face, it is not a harm imposed by GEO. Indeed it

2 is an external force that no one, neither this Court, nor GEO can control. Surely, the

3 omnipresent threat of COVID-19 cannot be fairly attributed to an intention of GEO to

4 threaten harm to detainees—a threshold issue for TVPA liability. See ECF 252-1, 22

5 (citing US v. Dann, 652 F.3d 1160, 1170 (9th Cir. 2011)). Rather, any TVPA claim is

6 limited to the threats, that if proven, would allegedly be within GEO’s control, as

7 enumerated by Plaintiffs in their brief as the threats of solitary confinement,

8 disciplinary housing transfers, loss of privileges, and criminal prosecution—none of

9 which are alleged to occur during the current COVID-19 crisis. ECF 252.1.

10

Indeed, it appears that instead of tying the motion to any current concern related

11 to COVID-19, Plaintiffs attempt shortcut to the merits of the TVPA claim in this case

12 in order to obtain a ruling from this Court that they are likely to prevail on the merits.

13 As support, Plaintiffs offer evidence previously submitted in connection with their

14 motion for class certification which is wholly unrelated to the COVID-19 pandemic.

15 In short, they seek to have critical policies that lie at the core of this case litigated

16 through a truncated, emergency process. Because Plaintiffs fail to tie their requested

17 relief under the TVPA to the impact of COVID-19, or any legal basis in the TVPA,

18 Plaintiffs have failed to establish a likelihood of success on the merits and their

19 motion should be denied.

20

c. Plaintiffs Have an Available Remedy at Law.

21

Throughout their brief, Plaintiffs cite to Hernandez v. Wolf, No. 5:20-cv-00617-

22 TJH in support of their position.14 Yet, rather than strengthen Plaintiffs’ position,

23

24 14 Plaintiffs cite extensively to the documents in Hernandez v. Wolf in support of their position, but

25 fail to attach those documents to their submission rendering it impossible for GEO to respond to the
substance of the same. Therefore, this Court should not consider that case, beyond the minute

26 entries, in reaching a conclusion here. All documents in case number 5:20-cv-00617-TJH, save for
the minute entries upon which GEO bases its understanding of the case, have been sealed from
27 public view and are not accessible to the public or individuals who are not parties to that litigation. It

is not clear to GEO how Plaintiffs obtained these sealed documents or the consequences of quoting
28 their text in public filings with this Court.

52631576;4

13

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 20 of 29 Page ID #:5262

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 Hernandez undermines Plaintiffs’ position. In Hernandez, a detainee sought release

2 from an ICE detention facility on the basis of a petition for writ of habeas corpus.

3 Hernandez v. Wolf, No. 5:20-cv-00617-TJH, Dkt. No. 1. The basis for his motion was

4 the spread of COVID-19 and his particular risk factors. The court entered a TRO

5 releasing Mr. Hernandez. Likewise, other cases cited by Plaintiffs in their brief

6 indicate that individuals who are at higher risk of COVID-19 have an adequate

7 remedy at law through habeas relief, negating the need for injunctive relief.

8

d. Plaintiffs Will Not Suffer Immediate Irreparable Harm in the

9

Absence of Injunctive Relief.

10

To satisfy the second requirement for injunctive relief, Plaintiffs must show that

11 it is “likely”—not merely possible—that they will suffer irreparable harm. See L.A.

12 Mem’l Coliseum Comm’n v. Nat’l Football League, 634 F.2d 1197, 1201 (9th Cir.

13 1980). Moreover, the threat of a likely injury must be “immediate.” See Caribbean

14 Marine Servs. Co. v. Baldrige, 844 F.2d 668, 674 (9th Cir. 1988). Indeed, Plaintiffs

15 concede that the “single most important prerequisite for the issuance of a preliminary

16 injunction” is irreparable harm. ECF 252-1, 24.

17

Here, Plaintiffs will not suffer any harm regardless of the outcome of their

18 motion. Plaintiffs are no longer detained and do not participate in the housekeeping

19 policy or related tasks currently. The likelihood that Plaintiffs are exposed to COVID-

20 19 has absolutely no relationship to whether the housekeeping policies are enforced at

21 GEO facilities. Thus, Plaintiffs cannot establish this critical prerequisite to a TRO, and

22 for that reason alone their motion must be denied. Even assuming arguendo that

23 Plaintiffs’ were to refile their TRO to include an individual who is currently detained;

24 a current detainee would likewise not suffer immediate and irreparable harm in the

25 absence of injunctive relief.

26

Eliminating the housekeeping policies temporarily would not alter detainees’

27 movements within the facility or vis-à-vis one another, rendering it an utterly

28 ineffective means of addressing COVID-19. As noted above, detainees would still be

52631576;4

14

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 21 of 29 Page ID #:5263

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 able to interact, mingle, participate in cleaning tasks in the VWP, and make contact

2 with common living area surfaces (subject to GEO’s COVID-19 policies)—all

3 potential risks for COVID-19. But the detainees would have no responsibility for

4 cleaning those same areas. Thus, halting the housekeeping policies would not only fail

5 to make headway in preventing the spread of COVID-19, it would be antithetical to

6 the CDC’s recommendations for preventing the spread. The CDC has recommended

7 that all individuals practice “routine cleaning of frequently touched surfaces” within

8 their homes, including tables, desks, toilets, faucets, sinks, and handles—as may be

9 cleaned in the housekeeping program.15 The CDC does not explicitly recommend that

10 individuals have others clean up after them and instead suggests that those who

11 cohabitate should be cognizant of keeping high touch surfaces clean.16 Thus, Plaintiffs

12 proposed relief would not meaningfully reduce the spread of COVID-19, and in fact

13 would be inconsistent with the clear guidance from the CDC.

14

On the other hand, if Plaintiffs’ TRO does not enter, GEO will continue to

15 implement its rigorous COVID-19 response plan including implementing the social

16 distancing procedures, enhanced cleaning procedures, and informational campaigns as

17 described in Section II supra and the declarations attached to this response. These

18 steps, unlike those Plaintiffs seek as relief, would continue to have a meaningful

19 impact in reducing the spread of COVID-19 within GEO’s facilities. Exs. 1, 2, 3, 4, 5.

20 Because all aspects of GEO’s COVID-19 response would continue absent suspension

21 of the housekeeping policies and because Plaintiffs have offered no evidence

22 whatsoever that suspension of the policies would have a meaningful impact upon the

23 spread of COVID-19, Plaintiffs cannot show immediate irreparable harm in the

24 absence of injunctive relief. In fact, based upon the same facts presented here, another

25 District Court recently concluded that the threat of COVID019 in the NWIPC did not

26

27 15 Cleaning and Disinfection for Households, available at https://www.cdc.gov/coronavirus/2019-

ncov/prevent-getting-sick/cleaning-disinfection.html
28 16 Id.

52631576;4

15

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 22 of 29 Page ID #:5264

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 meet the standard for irreparable harm, explaining:

2

3

“[G]iven the measures [GEO is] currently taking, the court cannot

conclude either that the spread of COVID-19 inside the NWDC is

4

inevitable, or that Respondents will be unable to contain it if it

5

occurs. No one can entirely guarantee safety in the midst of a

global pandemic. However, the standard under which the court

6

evaluates Petitioners’ second TRO motion is not guaranteed

7

safety—an impossible standard to meet no matter the

circumstances—but rather a likelihood of irreparable harm. The

8

evidence before the court does not meet that standard.

9

10 Dawson v. Asher, Case No. C20-040JLR-MAT (W. D. Wash. April 8, 2020). Thus, a

11 TRO should not issue.

12

e. The Balance of the Equities and the Public Interest Weighs Against a

13

Preliminary Injunction.

14

i. The Public Interest is Served by Following the Directives of

15

Public Health Officials, Not the Whims of Plaintiffs’ Counsel.

16

Moreover, the public interest is best served by allowing the orderly medical

17 processes and protocols implemented by government professionals. See Youngberg v.

18 Romeo, 457 U.S. 307, 322-23 (1982) (urging judicial deference and finding

19 presumption of validity regarding decisions of medical professionals concerning

20 conditions of confinement). Here, the best methods for preventing spread of COVID-

21 19 have been created by top officials within the federal government which have been

22 implemented by GEO. Exs. 1, 2, 3, and 4 (explaining that GEO’s guidance has been

23 created based upon CDC recommendations and those from ICE). These measures

24 include ensuring adequate stocks of hygiene and cleaning supplies, informing detained

25 individuals about the importance of personal hygiene, and “routinely cleaning and

26 disinfecting surfaces and objects that are frequently touched.”17 None of the

27

17 Centers of Disease Control, https://www.cdc.gov/coronavirus/2019-ncov/community/correction-
28 detention/faq.html

52631576;4

16

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 23 of 29 Page ID #:5265

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 information submitted by Plaintiffs runs contrary to this guidance. Rather, Plaintiffs

2 submit extensive information from the CDC in support of their motion— conceding it

3 is the proper authority to provide policies for a COVID-19 response. ECF 252-1. Yet

4 Plaintiffs seek to eliminate one of the many measures GEO is taking in accordance

5 with CDC guidance. Exs. 1, 2, 3, 4, 5, supra note 18. Because Plaintiffs’ request for a

6 TRO would run directly contrary to the guidance from professional health officials,

7 the public interest weighs against issuance of a TRO.

8

ii. The Provision of Class-Wide Testing and Personal Protective

9

Equipment (PPE) is Contrary to the Public Interest.

10

As part of the relief sought, Plaintiffs ask this Court to order GEO to test all

11 members of the certified class in this case. ECF 252-1, 7.18 The certified class includes

12 a large number of individuals who are not detained (including the named Plaintiffs) a

13 similarly large number of individuals who are no longer within the United States

14 (including Plaintiff Karim in Somalia), and all individuals currently detained who are

15 also class members. ECF 252-1, 7. In the alternative, Plaintiffs seek weekly testing of

16 all class members who are currently detained.19 ECF 252-2 4. Thus, Plaintiffs seek

17 relief for not only those individuals who are subject to the current housekeeping

18 policies, but also for those individuals detained throughout the United States. There

19 can be no question that the class members include individuals spread across the world.

20 Plaintiffs seek this relief at the expense of the needs of the public. Across the United

21 States the inability to obtain access to COVID-19 testing has hampered patient care.20

22
18 GEO notes that in their proposed order, Plaintiffs seek weekly testing of all class members who

23 participate in general housekeeping tasks. ECF 252-2. It is unclear which form of relief Plaintiffs are

seeking due to these inconsistent representations. Nevertheless, this section applies equally to either
24 form of testing.

25

19 All detainees are responsible for cleaning up after themselves as required by ICE’s PBNDS and therefore every detainee would be eligible for testing under Plaintiffs’ proposed relief.

26 20 Sheila Kaplan, Despite Promises, Testing Delays Leave Americans ‘Flying Blind’, available at
https://www.nytimes.com/2020/04/06/health/coronavirus-testing-us.html (last accessed April 7,

27 2020) (“Doctors and officials around the country say that lengthy delays in getting results have

persisted and that continued uneven access to tests has prolonged rationing and hampered patient
28 care.”).

52631576;4

17

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 24 of 29 Page ID #:5266

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 To that end, the CDC has made clear, “[n]ot everyone needs to be tested for COVID-

2 19.”21 Those who seek testing are advised that “[w]hile supplies of these tests are

3 increasing, it may still be difficult to find a place to get tested.”22 In fact, the Office of

4 the Inspector General recently investigated the challenges that hospitals are facing in

5 addressing the current COVID-19 pandemic. Chief among the challenges cited by the

6 Inspector General was “that severe shortages of testing supplies and extended waits

7 for test results limited hospitals’ ability to monitor the health of patients and staff.”23

8 Thus, reducing the supply of this already limited resource, without a clear justification

9 for doing so (including by following the qualifications delineated by the CDC), would

10 be a detriment to the public who would face additional shortages in order to test

11 detainees who are not presenting symptoms and do not meet CDC or medical

12 guidelines for testing (presuming GEO could even obtain a sufficient number of tests

13 to satisfy the requests herein).

14

Likewise, PPE is in limited supply across the nation. The same Inspector

15 General Report made clear that “widespread shortages of personal protective

16 equipment (PPE) put staff and patients at risk.”24 The shortages are well known to the

17 CDC, which advises that “PPE shortages are currently posing a tremendous challenge

18 to the US healthcare system because of the COVID-19 pandemic. Healthcare facilities

19 are having difficulty accessing the needed PPE and are having to identify alternate

20 ways to provide patient care.”25 To that end, the CDC provides stringent guidance for

21

22 21 Centers for Disease Control and prevention, Testing for COVID_-9, available at
https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/testing.html (last accessed April 7,

23 2020).
22 Id.
24 23 Office of the Inspector General, Hospital Experiences Responding to the COVID-19 Pandemic:

25 Results of a National Pulse Survey March 23-27, 2020, available at
https://oig.hhs.gov/oei/reports/oei-06-20-

26 00300.asp?utm_source=web&utm_medium=web&utm_campaign=covid-19-hospital-survey-04-06-
2020 (last visited April 7, 2020).
27 24 Id.
25Centers for Disease Control, Strategies to Optimize the Supply of PPE and Equipment,
28 https://www.cdc.gov/coronavirus/2019-ncov/hcp/ppe-strategy/index.html (last visited April 7, 2020).

52631576;4

18

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 25 of 29 Page ID #:5267

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 the use of PPE, focused on ensuring medical professionals have what they need and

2 discouraging use by those who are not infected or who do not need it.26 Thus, like

3 with testing, drawing from the currently limited supply of PPE and taking from the

4 hospitals that need it as a merely precautionary measure would be to the detriment of

5 the general public. Accordingly, to provide this relief to Plaintiffs would be counter to

6 the public interest.

7

iii. A Nationwide Injunction is Against the Public Interest to Have

8

Issues Presented to District Courts Nationwide.

9

Justice Thomas made clear that the authority of a district court to enter a

10 nationwide injunction is tenuous at best. Hawaii, 138 S. Ct. at 2429 (Thomas, J.

11 concurring) (“In sum, universal injunctions are legally and historically dubious. If

12 federal courts continue to issue them, this Court is dutybound to adjudicate their

13 authority to do so.”). The Ninth Circuit has similarly indicated that nationwide

14 injunctions should be properly limited, explaining that “nationwide injunctive relief

15 may be inappropriate where a regulatory challenge involves important or difficult

16 questions of law, which might benefit from development in different factual contexts

17 and in multiple decisions by the various courts of appeal.” Los Angeles Haven

18 Hospice, Inc. v. Sebelius, 638 F.3d 644, 664 (9th Cir. 2011) And, the balance of courts

19 agree that “nationwide injunctive relief is discouraged where it would ‘substantially

20 thwart the development of important questions of law’ and prevent other courts from

21 ruling on the validity of the regulation. See e.g., United States v. Mendoza, 464 U.S.

22 154, 160, 104 S.Ct. 568, 78 L.Ed.2d 379 (1984); see also Virginia Society for Human

23 Life, Inc. v. Federal Election Commission, 263 F.3d 379, 393 (4th Cir. 2001).

24

Here, there can be no question that the TVPA claims brought by Plaintiffs raise

25 novel and complex issues of law. These issues should not be resolved, nationwide,

26 where other Courts are grappling with similar issues. Indeed, the district court in

27

28 26 Id.

52631576;4

19

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 26 of 29 Page ID #:5268

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 Barrientos has this exact issue, the application of the TVPA to detention facilities that

2 implement discipline consistent with the PBNDS, pending before it. See e.g.

3 Barrientos v. CoreCivic, M.D. Ga. Case No. 4:18-cv-00070-CDL, 2018 WL 1836209

4 (M.D.Ga.). Likewise, the Southern District of California is grappling with the same

5 issue. See Owino v. CoreCivic, S. D. Cal. Case No. 3:17-cv01112-JLS-NLS. While

6 these are a few examples, many courts across the country are dealing with the same

7 issue. See e.g., Menocal v. GEO, D. Colo. Case No. 1:14-cv-02887. Some of these

8 cases have been pending for years and extensive discovery has occurred. These cases

9 should not be superseded by a TRO in this case which would impact facilities in most

10 federal appellate circuits. This is particularly true where Plaintiffs have provided scant

11 evidence to support their motion, relying upon recycled declarations from other cases,

12 and addressing only two (2) of the twelve (12) facilities for which they seek an

13 injunction. The TVPA issues should be allowed to move through the district courts

14 and provide guidance to those addressing this novel issue.

15

Additionally, courts across the nation are grappling with the appropriate

16 response to COVID-19 in detention settings. This is evident through Plaintiffs’ own

17 submissions which consist largely of declarations that are pending before other district

18 courts across the country. There are countless other motions across the country

19 seeking release from custody or other changes in policy at ICE facilities as a result of

20 COVID-19. See e.g. Fabiola-Almeida v. Barr, 20-cv-490-RSM-BAT, Dkt. No. 11

21 (W.D. Wash. Apr. 6, 2020). Courts have reached varied results, including the astute

22 analysis from the Chief United States District Judge for the Western District of

23 Washington. Judge Martinez’s recent order is instructive here:

24

“[T]he court cannot conclude either that the spread of COVID-19

25

inside NWDC is inevitable, or that the Attorney General will be unable

to contain it if it occurs. No one can entirely guarantee safety in the

26

midst of a global pandemic. However, the standard under which the

27

court evaluates [Plaintiff’s] TRO motion is not guaranteed safety—an

impossible standard to meet no matter the circumstances—but rather a 28

52631576;4

20

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 27 of 29 Page ID #:5269

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1

likelihood of irreparable harm. The evidence before the court does not

meet that standard.”

2

Patel v. Barr, 20-cv-488-RSM-BAT, Dkt. No. 9 (W.D. Wash. April 2, 2020); but see 3

Basank v. Decker, 2020 WL 1481503 (S.D.N.Y. Mar. 26, 2020) (granting a TRO in 4

connection with a writ of habeas corpus on the basis that Plaintiffs had established 5

likely due process violations). The differing decisions in each judicial district provide 6

for additional considerations for future courts addressing similar issues. This judicial 7

marketplace of ideas is helpful to all other judges who are sure to face similar issues in 8

the coming months. Thus, should the Court conclude injunctive relief is permissible 9

here, which it should not, it should enter relief only as to those facilities for which 10

Plaintiffs have submitted evidence: LIPC and Aurora. Under no circumstances would 11

a broader injunction be appropriate in this case. 12

IV. PLAINTIFFS MUST PAY A BOND 13

Under Federal Rule of Civil Procedure 65(c), a court may issue a temporary 14

restraining order “only if the movant gives security in an amount that the court 15

considers proper to pay the costs and damages sustained by any party found to have 16

been wrongfully enjoined or restrained.” A court may execute the bond on a 17

restraining order if it finds that “the enjoined or restrained party was ‘wrongfully 18

enjoined or restrained.’” Nintendo of America, Inc. v. Lewis Galoob Toys, Inc., 16 19

F.3d 1032 (9th Cir. 1994). “[A] party has been wrongfully enjoined within the 20

meaning of Rule 65(c) when it turns out the party enjoined had the right all along to 21

do what it was enjoined from doing.” Id. at 1036. Here, should the Court issue 22

injunctive relief, which it should not, Plaintiffs should be required to pay a bond 23

consistent with the Rule. “The district court may dispense with the filing of a bond 24

when it concludes there is no realistic likelihood of harm to the defendant from 25

enjoining his or her conduct.” Jorgensen v. Cassiday, 320 F.3d 906, 919(9th 26

Cir.2003). Here, Plaintiffs cannot establish that there is no likelihood of harm in 27

enjoining GEO’s conduct. Indeed, any TRO would require significant restructuring of 28

52631576;4

21

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 28 of 29 Page ID #:5270

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 the current facility protocols with respect to COVID-19 in the midst of an already

2 trying time. Additionally, there can be no question that Plaintiffs have not provided

3 any precedential authority that would indicate that if a TRO were to issue, it would be

4 likely that the TRO would not later be reversed. Nor have they provided a sufficient

5 showing on the merits to justify confidence that any TRO would not be quickly

6 reversed. For these reasons, Plaintiffs should be required to submit a bond, the amount

7 of which, would be set by this Court. Johnson v. Couturier, 572 F.3d 1067, 1086 (9th

8 Cir. 2009). At a minimum, this bond should include GEO’s “potential defense costs,

9 an offer which if accepted would itself ensure that Defendants’ expenses will be

10 reimbursed” if injunctive relief is reversed. Id.

11

V. THE RELIEF AVAILABLE UNDER THE TVPA IS LIMITED

12

The only statute upon which Plaintiffs base their claim for relief upon is the

13 TVPA. As detailed above, the connection between the TVPA and detainees risk of

14 contracting COVID-19 by regularly cleaning their living areas is tenuous at best. And,

15 even if this Court were to grant relief to Plaintiffs in the form of a TRO under the

16 TVPA—contrary to the clear balance of the equities above—under the TVPA, it could

17 only enjoin the use of labor that is obtained under the threat of serious harm (even

18 though no labor is so obtained). That is to say, the Court could enjoin GEO from

19 enforcing certain types of punishments for detainees who refuse to clean their living

20 areas during the COVID-19 pandemic. However, even if the Court were to order

21 temporary relief under the TVPA, GEO would still be able to request that detainees

22 clean their areas more frequently (absent any punishment or coercion) and could

23 emphasize the importance of cleanliness during the current COVID-19 pandemic.

24 Further, there can be no doubt that the TVPA does not provide for the provision of

25 PPE as a remedy for a violation of the TVPA.

26

Additionally, to the extent Plaintiffs’ proposed order seeks to have this Court

27 take judicial notice of the facts and findings in Hernandez v. Wolf, No. 5:20-cv-00617-

28 TJH, this relief should not be granted. As detailed above, the pleadings and documents

52631576;4

22

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 255 Filed 04/08/20 Page 29 of 29 Page ID #:5271

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 in Hernandez are sealed from public viewing and inaccessible to GEO and its counsel.

2 Thus, GEO is unable to review or rebut any points therein. Thus, they are an improper

3 subject of judicial notice.

4

VI. CONCLUSION

5

For the reasons listed herein, Plaintiffs’ Ex Parte Motion for a Temporary

6 Restraining Order should be denied.

7 Dated: April 8, 2020

AKERMAN LLP

8

By: /s/ Michael L. Gallion

Michael L. Gallion

9

David Van Pelt

Ashley Bobo

10

Ashley E. Calhoun

Attorneys for Defendant

11

THE GEO GROUP, INC.

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

52631576;4

23

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE

APPLICATION FOR A TEMPORARY RESTRAINING ORDER

 
 Case 5:17-cv-02514-JGB-SHK Document 256 Filed 04/08/20 Page 1 of 3 Page ID #:5272

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 AKERMAN LLP

MICHAEL L. GALLION (SBN 189128)

2 DAVID VAN PELT (SBN 163690)

ASHLEY BOBO (SBN 312714)

3 601 West Fifth Street, Suite 300

Los Angeles, California 90071

4 Telephone: (213) 688-9500

Facsimile: (213) 627-6342

5 Email: michael.gallion@akerman.com

david.vanpelt@akerman.com

6

ashley.bobo@akerman.com

7 COLIN L. BARNACLE (admitted pro hac vice)

ADRIENNE SCHEFFEY (admitted pro hac vice)

8 ASHLEY E. CALHOUN (SBN 270530)

1900 Sixteenth Street, Suite 1700

9 Denver, Colorado 80202

Telephone: (303) 260-7712

10 Facsimile: (303) 260-7714

Email: colin.barnacle@akerman.com

11

adrienne.scheffey@akerman.com

ashley.calhoun@akerman.com

12

Attorneys for Defendant

13 THE GEO GROUP, INC.

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

16 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and
17 RAMON MANCIA, individually and on 18 behalf of all others similarly situated,

Case No. 5:17-cv-02514-JGB-SHKx Assigned to Hon. Jesus G. Bernal

19 vs.

Plaintiff,

20 THE GEO GROUP, INC.,

21 Defendant.
22 THE GEO GROUP, INC.,

23 24 vs.

Counter-Claimant,

DECLARATION OF DAVID VAN PELT IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.’S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

25

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and

26

RAMON MANCIA, individually and on behalf of all others similarly situated,

27 Counter-Defendant.

28

52647986;1

1

CASE NO. 5:17-CV-02514-JGB-SHKX

DECLARATION OF DAVID VAN PELT IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256 Filed 04/08/20 Page 2 of 3 Page ID #:5273

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1

DECLARATION OF DAVID VAN PELT

2

I, David Van Pelt, hereby declare:

3

1. I am an attorney licensed to practice law, I am admitted in this Court, and

4 am a Partner with Akerman LLP and counsel of record for The GEO Group, Inc.

5 (“GEO”) in this action. I have personal knowledge of the matters set forth herein.

6

2. Attached as Exhibit 1 is a true and correct copy of the Declaration of

7 James Janecka.

8

3. Attached as Exhibit 2 is a true and correct copy of the Declaration of

9 Dawn Ceja.

10

4. Attached as Exhibit 3 is a true and correct copy of the Declaration of

11 David Cole.

12

5. Attached as Exhibit 4 is a true and correct copy of the Declaration of

13 Stephen Langford, previously submitted in Dawson, et al. v. Asher, et al., U.S. District

14 Court, Western District of Washington, Case No. 2:20-cv-00409-JLR-MAT.

15

6. Attached as Exhibit 5 is a true and correct copy of the Declaration of

16 Gabriel Valdez, previously submitted in Torres, et al. v. United States Department of

17 Homeland Security, et al., U.S. District Court, Central District of California, Case No.

18 5:18-cv-02604-JGB-SHK.

19

7. As of October 21, 2019, all named Plaintiffs in this action have been

20 released from detention. All named Plaintiffs were deposed in the month of October

21 2019, at Akerman’s Los Angeles offices, with the exception of Mr. Karim who was

22 deposed via video deposition remotely from his location in Somalia—as attested to by

23 Plaintiffs’ counsel in Docket Numbers 202 and 209. At the time of their depositions,

24 Plaintiffs were no longer detained at Adelanto.

25 / / /

26 / / /

27 / / /

28

52647986;1

2

CASE NO. 5:17-CV-02514-JGB-SHKX

DECLARATION OF DAVID VAN PELT IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256 Filed 04/08/20 Page 3 of 3 Page ID #:5274

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1

I declare under penalty of perjury under the laws of the United States of America

2 that the foregoing is true and correct and that I executed this Declaration on the 8th day

3 of April, 2020, in Los Angeles, California.

4

5

6

____________________________ David Van Pelt, Declarant

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

52647986;1

3

CASE NO. 5:17-CV-02514-JGB-SHKX

DECLARATION OF DAVID VAN PELT IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 1 of 62 Page ID #:5275
EXHIBIT 1
to Declaration of David Van Pelt

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 2 of 62 Page ID #:5276

1 AKERMAN LLP

MICHAEL L. GALLION (SBN 189128)

2 DAVID VAN PELT (SBN_ 163690)

ASHLEY BOBO (SBN 312714)

3 601 West Fifth Street, Suite 300

Los Angeles California 90071

4 Telephone: I213 688-9500

Facsimile: 213 627-6342

5 Email: michae.gallion@akerman.com

david.vanpelt@akerman.com

6

ashley.bobo@akerman.com

7 COLIN L. BARNACLE (admitted pro hac vice)

8

ADRIENNE SCHEFFEY (admitted pro hac vice) ASHLEY E. CALHOUN (SBN 270530)

1900 Sixteenth Street Suite 1700

9 Denver, Colorado 80202

Telephone: (303) 260-7712

10 Facsimile: (303) 260-7714

Email: colin.barnacle akerman.com

adrienne.sche e akerman.com

ashley.calhoun erman.com

Attorneys for Defendant THE GEO GROUP, INC.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA — EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on 18 behalf of all others similarly situated,

19 vs.

Plaintiff,

20 THE GEO GROUP, INC.,
21 Defendant.
22 THE GEO GROUP, INC.,

23

Counter-Claimant,

24 vs.

25

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and

26

RAMON MANCIA, individually and on behalf of all others similarly situated,

27

Case No. 5:17-cv-02514-JGB-SHKx
Assigned to Hon. Jesus G. Bernal
DECLARATION OF JAMES JANECKA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

28 52638174;3

CASE No. 5:17-cv-02514-JGB-SHIO:

DECLARATION OF JAMES JANECKA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS'EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 3 of 62 Page ID #:5277

1

Counter-Defendant.

2

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DECLARATION OF JAMES JANECKA I, James Janecka, hereby declare: 1. I am the Facility Administrator at the Adelanto ICE Processing Center ("Adelanto Facility"). I am over the age of eighteen (18), and I am competent to testify in this matter. My statement is based upon my personal knowledge, and my education, training, and experience. 1. The Adelanto Facility has implemented rigorous processes to avoid the exposure of the detainee population to COVID-19 and to ensure that procedures are put in place to avoid the spread of COVID-19 in the event that COVID-19 were to be introduced to the Adelanto Facility. 2. To date, there are no confirmed cases of COVID-19 in the Adelanto Facility. At least five individuals have been tested for COVID-19 at the recommendation of medical professionals within the Adelanto Facility; all of those tests have been negative for COV1D-19. Our facility is in possession of additional tests and they will be administered consistent with the Center for Disease Control and Prevention ("CDC") guidelines and advice of medical professionals. 3. Attached as Exhibit A is a true and correct copy of the CDC Interim Guidance on Management of Coronavirus Disease 2019 (COV1D-19) in Correctional and Detention Facilities. GEO utilized this guidance to educate its personnel and detainees at the Adelanto Facility about COVID-19. GEO further utilized this guidance to develop its policies and practices for addressing COVID-19. My declaration below

28 52638174;3

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CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF JAMES JANECKA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 4 of 62 Page ID #:5278

AKERMAN LLP

provides some specifics about GEO's implementation of the guidelines at Adelanto

2 Facility. I have not attempted to describe in totality each and every action taken by the

3 facilities and GEO staff to implement the guidelines or any other precautions, nor

4 could I do so within the limitations of a publicly filed declaration. However, I hope to

5 convey to the Court that GEO is being proactive and is taking COVID-19 seriously to

6 reduce the risk of infection.

7

4. The health, safety, and well-being of detainees at Adelanto Facility

8 correlates with the health, safety, and well-being of GEO staff, GEO administration,

9 and our families. Our interests are aligned with respect to mitigation strategies to slow

10 the spread of the coronavirus and resulting infections of COVID-19.

5. GEO has held multiple town hall meetings for detainees, since the

beginning of March about COVID-19. These meetings include medical professionals

who answer detainees' questions about COVID-19 and keep detainees aware of the

'1'§ 14 ongoing situation. Further, during my rounds of the facility, I bring a nurse with me

whenever possible to answer additional questions detainees may have.

6. As with all others across the country, we are continuing to evolve our

practices as we learn more about COVID-19. We continue to implement

supplementary safety measures, in addition to those listed below, as information

19 becomes available.

20

Social Distancing and Access Limitations

21

7. The Adelanto Facility has implemented a number of limitations, in

22 connection with ICE, to reduce the introduction of any outside sources of

23 contamination into the facility.

24

8. Limited Visitation: ICE has temporarily stopped all in-person visitation

25 for detainees and their family and friends with the exception of detainees' attorney

26 visits. Attorneys who wish to enter the building must wear Personal Protective

27

28 52638174;3

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CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF JAMES JANECKA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 5 of 62 Page ID #:5279

1 Equipment ("PPE") including an N-95 or surgical masks, goggles, and gloves.
2 Otherwise, all visits are restricted to videoconferencing on tablets that are provided to

3 detainees and telephone interviews with attorneys.

4

9. Anyone Entering the Adelanto Facility: Any individual who enters the

5 facility must first complete a screening questionnaire to determine whether the

6 individual has a likelihood of exposure to COVID-19. This includes all GEO staff,

7 medical staff, and other regular personnel within the building, as well as those who
8 arrive for purposes of attending proceedings at the immigration court within the

9 Adelanto Facility. Thereafter, GEO staff take the temperature of all individuals seeking

10 entry. Anyone who presents with a fever must return home until cleared by a medical

professional. Staff are not permitted to work when they are sick and are advised to stay

home if they develop symptoms of COVID-19 or come into contact with someone who

has been exposed. All staff who are potentially exposed have been instructed to follow

CDC guidelines for self isolation and medical care.

10. Contractors: Non-emergency contractors are not presently permitted

within the Adelanto facility.

11. Incoming Detainees: The Adelanto Facility has also placed restrictions on

any new detainees who arrive at the facility for detention. All detainees are screened

19 for COVID-19 exposure prior to entering the building. After a medical professional

20 confirms that there are no clinical signs of COVID-19, and that their travel history does

21 not raise significant concerns of exposure, each incoming detainee must undergo a

22 minimum of a fourteen-day waiting period before being housed in the general

23 population. This procedure allows GEO to address concerns that new individuals who

24 are asymptomatic may be carrying COVID-19. During this period, new detainees are

25 regularly checked by medical professionals for symptoms. If a detainee were to present

26 concerns of exposure to COVID-19 because of his or her symptoms, the detainee

27

28 52638174;3

4

CASE No. 5:17-cv-02514-1GB-SHICx

DECLARATION OF JAMES JANECKA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 6 of 62 Page ID #:5280

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would be placed in a negative pressure medical holding cell, or alternatively, would be denied access to the facility. All detainees who cannot verify their travel history, or who have been to areas considered "hot spots," are placed immediately in medical isolation or denied access to the facility if space is unavailable. All medically isolated individuals are checked daily by medical staff
12. Social Distancing within Living Units: GEO has opened all units to provide for additional space for each detainee in his or her living unit. As a result, the current population in each pod or dorm significantly less than total capacity of each unit with an average of 55 detainees in pods that are constructed to house 80 detainees. For detainees who are in dorm-style housing, detainees are housed with ample space between them through reduced capacity. Detainees who eat their meals in the cafeteria now do so with significant social distancing. The chairs are arranged such that an appropriate distance is maintained between detainees. Further, no more than half of any housing unit (which is already at reduced capacity) is present in the dining hall at any given meal time.
13. Social Distancing for Other Activities: GEO has temporarily ended all visits from volunteers to reduce the exposure to outside pathogens. Detainees may still use the law library, but social distancing is practiced by limiting the number of individuals in the law library at any one time. Detainees may still engage in recreation but the number of individuals engaged at a time is limited to a number whereby six (6) feet of distance can be maintained between each detainee. Detainees no longer share recreation time with other housing units and instead are limited to interactions with their own housing units. Further, staff has been instructed to clean and disinfect all equipment between each use.
14. Detainees Who Leave the Facility for Medical or Other Appointments: Detainees who must attend medical appointments or immigration-case related meetings

52638174;3

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CASE No. 5:17-cv-02514-.1GB-SHKx

DECLARATION OF JAMES JANECKA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX P,4RTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 7 of 62 Page ID #:5281

AKERMAN LLP

1 off of the premises of the Adelanto facility are immediately placed in restrictive

2 housing upon their return for a minimum of 14 days in an effort to reduce concerns the

3 detainee could have been exposed to COVID-19 while in the community and prevent

4 any unintended spread of the same.

5

Enhanced Hygiene Practices

6

15. Supplies: I have assessed GEO's stock of soap and cleaning supplies and

7 all supplies are stocked and not at risk of depleting in the near future. Further, there are

8 supplies to provide hand sanitizer in strategic areas throughout the facility. I have a

9 plan in place to keep supply stocks replenished as needed. GEO uses EPA approved

10 cleaning products that have been demonstrated to be effective against the coronavirus,

11 --, °R8'9 12
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more specifically HDQ cleaning product which appears on "List N" of the EPA's approved list of cleaners. That list can be accessed here: haps://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2.

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The Adelanto Facility currently has an ample supply of this cleaning product, which is used to disinfect all hard surfaces.
16. Intensified Cleaning. GEO has implemented intensified cleaning of

V3- 1 17 surfaces and objects that are frequently touched, both inside and outside of the secured E18 perimeter. GEO staff and contract janitors must sanitize all hard surfaces and high-

19 touch areas every hour, including tables, doorknobs, telephones. GEO uses EPA-

20 registered disinfectants that are represented to be effective against the virus that causes

21 COVID - 19. GEO is not diluting disinfectants below effective levels. GEO has gloves

22 for use with cleaning. Detainees have not complained about the availability of cleaning

23 supplies. Detainees have access to additional bottles of disinfectant in their housing

24 units.

25

17. Reinforced Hygiene: GEO has reinforced healthy Hygiene practices and

26 has made supplied available to encourage safe hygiene practices. GEO plays a video

27

28 52638174;3

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CASE NO. 5:17-cv-02514-JGB-SHKx

DECLARATION OF JAMES JANECKA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 8 of 62 Page ID #:5282

1 2 _3 4 5 6 7 8 9 10 11 ° 14/? 12

on a loop in all housing areas that demonstrates the proper handwashing technique. GEO has also made the information attached as Exhibit B available to all detainees.
18. Staff PPE Use: GEO staff have been issued surgical masks within the past week. Going forward each GEO staff member will receive three (3) masks a week with instructions for their use and disposal.
19. To my knowledge, ICE continues to release detainees who are identified as high risk as it relates to contraction of the COVID-19 virus.
20. All detainees are provided with soap and may replenish their soap anytime it runs out. There is no risk that detainees do not receive soap.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I executed this Declaration on the 8th day of April, 2020, in Adelanto, California.

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52638174;3

7

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF JAMES JANECKA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 9 of 62 Page ID #:5283
EXHIBIT A
to Declaration of James Janecka

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 10 of 62 Page ID #:5284
Centers for Disease Control and Prevention
Coronavirus Disease 2019 (COVID-19)
Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities
This interim guidance is based on what is currently known about the transmission and severity of coronavirus disease 2019 (COVID-19) as of the date of posting, March 23, 2020.
The US Centers for Disease Control and Prevention (CDC) will update this guidance as needed and as additional information becomes available. Please check the CDC website periodically for updated interim guidance.
This document provides interim guidance specific for correctional facilities and detention centers during the outbreak of COVID-19, to ensure continuation of essential public services and protection of the health and safety of incarcerated and detained persons, staff, and visitors. Recommendations may need to be revised as more information becomes available.
Who is the intended audience for this guidance?
This document is intended to provide guiding principles for healthcare and non-healthcare administrators of correctional and detention facilities (including but not limited to federal and state prisons, local jails, and detention centers), law enforcement agencies that have custodial authority for detained populations (i.e., US Immigration and Customs Enforcement and US Marshals Service), and their respective health departments, to assist in preparing for potential introduction, spread, and mitigation of COVID-19 in their facilities. In general, the document uses terminology referring to correctional environments but can also be applied to civil and pre-trial detention settings.
This guidance will not necessarily address every possible custodial setting and may not use legal terminology specific to individual agencies' authorities or processes. The guidance may need to be adapted based on individual facilities' physical space, staffing, population, operations, and other resources and conditions. Facilities should contact CDC or their state, local, territorial, and/or tribal public health department if they need assistance in applying these principles or addressing topics that are not specifically covered in this guidance.
Why is this guidance being issued?
Correctional and detention facilities can include custody, housing, education, recreation, healthcare, food service, and workplace components in a single physical setting. The integration of these components presents unique challenges for control of COVID-19 transmission among incarcerated/detained persons, staff, and visitors. Consistent application of specific preparation, prevention, and management measures can help reduce the risk of transmission and severe disease from COVID-19.

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 11 of 62 Page ID #:5285
• Incarcerated/detained persons live, work, eat, study, and recreate within congregate environments, heightening the potential for COVID-19 to spread once introduced.
• In most cases, incarcerated/detained persons are not permitted to leave the facility. • There are many opportunities for COVID-19 to be introduced into a correctional or detention facility, including daily
staff ingress and egress; transfer of incarcerated/detained persons between facilities and systems, to court appearances, and to outside medical visits; and visits from family, legal representatives, and other community members. Some settings, particularly jails and detention centers, have high turnover, admitting new entrants daily who may have been exposed to COVID-19 in the surrounding community or other regions. • Persons incarcerated/detained in a particular facility often come from a variety of locations, increasing the potential to introduce COVID-19 from different geographic areas. • Options for medical isolation of COVID-19 cases are limited and vary depending on the type and size of facility, as well as the current level of available capacity, which is partly based on medical isolation needs for other conditions. • Adequate levels of custody and healthcare staffing must be maintained to ensure safe operation of the facility, and options to practice social distancing through work alternatives such as working from home or reduced/alternate schedules are limited for many staff roles. • Correctional and detention facilities can be complex, multi-employer settings that include government and private employers. Each is organizationally distinct and responsible for its own operational, personnel, and occupational health protocols and may be prohibited from issuing guidance or providing services to other employers or their staff within the same setting. Similarly, correctional and detention facilities may house individuals from multiple law enforcement agencies or jurisdictions subject to different policies and procedures. • Incarcerated/detained persons and staff may have medical conditions that increase their risk of severe disease from COVID-19.
• Because limited outside information is available to many incarcerated/detained persons, unease and misinformation regarding the potential for COVID-19 spread may be high, potentially creating security and morale challenges.
• The ability of incarcerated/detained persons to exercise disease prevention measures (e.g., frequent handwashing) may be limited and is determined by the supplies provided in the facility and by security considerations. Many facilities restrict access to soap and paper towels and prohibit alcohol-based hand sanitizer and many disinfectants.
• Incarcerated persons may hesitate to report symptoms of COVID-19 or seek medical care due to co-pay requirements and fear of isolation.
CDC has issued separate COVID-19 guidance addressing healthcare infection control and clinical care of COVID-19 cases as well as close contacts of cases in community-based settings. Where relevant, community-focused guidance documents are referenced in this document and should be monitored regularly for updates, but they may require adaptation for correctional and detention settings.
This guidance document provides additional recommended best practices specifically for correctional and detention facilities. At this time, different facility types (e.g., prison vs. jail) and sizes are not differentiated. Administrators and agencies should adapt these guiding principles to the specific needs of their facility.
What topics does this guidance include?
The guidance below includes detailed recommendations on the following topics related to COVID-19 in correctional and detention settings:

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 12 of 62 Page ID #:5286
• Operational and communications preparations for COVID-19 • Enhanced cleaning/disinfecting and hygiene practices • Social distancing strategies to increase space between individuals in the facility • How to limit transmission from visitors • Infection control, including recommended personal protective equipment (PPE) and potential alternatives during
PPE shortages • Verbal screening and temperature check protocols for incoming incarcerated/detained individuals, staff, and visitors • Medical isolation of confirmed and suspected cases and quarantine of contacts, including considerations for
cohorting when individual spaces are limited • Healthcare evaluation for suspected cases, including testing for COVID-19 • Clinical care for confirmed and suspected cases • Considerations for persons at higher risk of severe disease from COVID-19
Definitions of Commonly Used Terms
Close contact of a COVID-19 case - In the context of COVID-19, an individual is considered a close contact if they a) have been within approximately 6 feet of a COVID-19 case for a prolonged period of time or b) have had direct contact with infectious secretions from a COVID-19 case (e.g., have been coughed on). Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID-19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
Cohorting - Cohorting refers to the practice of isolating multiple laboratory-confirmed COVID-19 cases together as a group, or quarantining close contacts of a particular case together as a group. Ideally, cases should be isolated individually, and close contacts should be quarantined individually. However, some correctional facilities and detention centers do not have enough individual cells to do so and must consider cohorting as an alternative. See Quarantine and Medical Isolation sections below for specific details about ways to implement cohorting to minimize the risk of disease spread and adverse health outcomes.
Community transmission of COVID-19 - Community transmission of COVID-19 occurs when individuals acquire the disease through contact with someone in their local community, rather than through travel to an affected location. Once community transmission is identified in a particular area, correctional facilities and detention centers are more likely to start seeing cases inside their walls. Facilities should consult with local public health departments if assistance is needed in determining how to define "local community" in the context of COVID-19 spread. However, because all states have reported cases, all facilities should be vigilant for introduction into their populations.
Confirmed vs. Suspected COVID-19 case - A confirmed case has received a positive result from a COVID-19 laboratory test, with or without symptoms. A suspected case shows symptoms of COVID-19 but either has not been tested or is awaiting test results. If test results are positive, a suspected case becomes a confirmed case.
Incarcerated/detained persons - For the purpose of this document, "incarcerated/detained persons" refers to persons held in a prison, jail, detention center, or other custodial setting where these guidelines are generally applicable. The term includes those who have been sentenced (i.e., in prisons) as well as those held for pre-trial (i.e., jails) or civil purposes (i.e,

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 13 of 62 Page ID #:5287
detention centers). Although this guidance does not specifically reference individuals in every type of custodial setting (e.g., juvenile facilities, community confinement facilities), facility administrators can adapt this guidance to apply to their specific circumstances as needed.
Medical Isolation - Medical isolation refers to confining a confirmed or suspected COVID-19 case (ideally to a single cell with solid walls and a solid door that closes), to prevent contact with others and to reduce the risk of transmission. Medical isolation ends when the individual meets pre-established clinical and/or testing criteria for release from isolation, in consultation with clinical providers and public health officials (detailed in guidance below). In this context, isolation does NOT refer to punitive isolation for behavioral infractions within the custodial setting. Staff are encouraged to use the term "medical isolation" to avoid confusion.
Quarantine - Quarantine refers to the practice of confining individuals who have had close contact with a COVID-19 case to determine whether they develop symptoms of the disease. Quarantine for COVID-19 should last for a period of 14 days. Ideally, each quarantined individual would be quarantined in a single cell with solid walls and a solid door that closes. If symptoms develop during the 14-day period, the individual should be placed under medical isolation and evaluated for COVID-19. If symptoms do not develop, movement restrictions can be lifted, and the individual can return to their previous residency status within the facility.
Social Distancing - Social distancing is the practice of increasing the space between individuals and decreasing the frequency of contact to reduce the risk of spreading a disease (ideally to maintain at least 6 feet between all individuals, even those who are asymptomatic). Social distancing strategies can be applied on an individual level (e.g., avoiding physical contact), a group level (e.g., canceling group activities where individuals will be in close contact), and an operational level (e.g., rearranging chairs in the dining hall to increase distance between them). Although social distancing is challenging to practice in correctional and detention environments, it is a cornerstone of reducing transmission of respiratory diseases such as COVID-19. Additional information about social distancing, including information on its use to reduce the spread of other viral illnesses, is available in this CDC publication El .
Staff - In this document, "staff" refers to all public sector employees as well as those working for a private contractor within a correctional facility (e.g., private healthcare or food service). Except where noted, "staff' does not distinguish between healthcare, custody, and other types of staff including private facility operators.
Symptoms - Symptoms of COVID-19 include fever, cough, and shortness of breath. Like other respiratory infections, COVID-19 can vary in severity from mild to severe. When severe, pneumonia, respiratory failure, and death are possible. COVID-19 is a novel disease, therefore the full range of signs and symptoms, the clinical course of the disease, and the individuals and populations most at risk for disease and complications are not yet fully understood. Monitor the CDC website for updates on these topics.
Facilities with Limited Onsite Healthcare Services
Although many large facilities such as prisons and some jails usually employ onsite healthcare staff and have the capacity to evaluate incarcerated/detained persons for potential illness within a dedicated healthcare space, many smaller facilities do not. Some of these facilities have access to on-call healthcare staff or providers who visit the facility every few days. Others have neither onsite healthcare capacity nor onsite medical isolation/quarantine space and must transfer ill patients to other correctional or detention facilities or local hospitals for evaluation and care.

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

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The majority of the guidance below is designed to be applied to any correctional or detention facility, either as written or with modifications based on a facility's individual structure and resources. However, topics related to healthcare evaluation and clinical care of confirmed and suspected COVID-19 cases and their close contacts may not apply directly to facilities with limited or no onsite healthcare services. It will be especially important for these types of facilities to coordinate closely with their state, local, tribal, and/or territorial health department when they encounter confirmed or suspected cases among incarcerated/detained persons or staff, in order to ensure effective medical isolation and quarantine, necessary medical evaluation and care, and medical transfer if needed. The guidance makes note of strategies tailored to facilities without onsite healthcare where possible.
Note that all staff in any sized facility, regardless of the presence of onsite healthcare services, should observe guidance on recommended PPE in order to ensure their own safety when interacting with confirmed and suspected COVID-19 cases. Facilities should make contingency plans for the likely event of PPE shortages during the COVID-19 pandemic.
COVID-19 Guidance for Correctional Facilities
Guidance for correctional and detention facilities is organized into 3 sections: Operational Preparedness, Prevention, and Management of COVID-19. Recommendations across these sections can be applied simultaneously based on the progress of the outbreak in a particular facility and the surrounding community.
• Operational Preparedness. This guidance is intended to help facilities prepare for potential COVID-19 transmission in the facility. Strategies focus on operational and communications planning and personnel practices.
• Prevention. This guidance is intended to help facilities prevent spread of COVID-19 from outside the facility to inside. Strategies focus on reinforcing hygiene practices, intensifying cleaning and disinfection of the facility, screening (new intakes, visitors, and staff), continued communication with incarcerated/detained persons and staff, and social distancing measures (increasing distance between individuals).
• Management. This guidance is intended to help facilities clinically manage confirmed and suspected COVID-19 cases inside the facility and prevent further transmission. Strategies include medical isolation and care of incarcerated/detained persons with symptoms (including considerations for cohorting), quarantine of cases' close contacts, restricting movement in and out of the facility, infection control practices for individuals interacting with cases and quarantined contacts or contaminated items, intensified social distancing, and cleaning and disinfecting areas visited by cases.
Operational Preparedness
Administrators can plan and prepare for COVID-19 by ensuring that all persons in the facility know the symptoms of COVID-19 and how to respond if they develop symptoms. Other essential actions include developing contingency plans for reduced workforces due to absences, coordinating with public health and correctional partners, and communicating clearly with staff and incarcerated/detained persons about these preparations and how they may temporarily alter daily life.
Communication & Coordination
• Develop information-sharing systems with partners. o Identify points of contact in relevant state, local, tribal, and/or territorial public health departments before cases develop. Actively engage with the health department to understand in advance which entity has jurisdiction to implement public health control measures for COVID-19 in a particular correctional or detention

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 15 of 62 Page ID #:5289
facility. o Create and test communications plans to disseminate critical information to incarcerated/detained persons,
staff, contractors, vendors, and visitors as the pandemic progresses. o Communicate with other correctional facilities in the same geographic area to share information including
disease surveillance and absenteeism patterns among staff. o Where possible, put plans in place with other jurisdictions to prevent confirmed and suspected COVID-19 cases
and their close contacts from being transferred between jurisdictions and facilities unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding. o Stay informed about updates to CDC guidance via the CDC COVID-19 website as more information becomes known.
• Review existing pandemic flu, all-hazards, and disaster plans, and revise for COVID-19. o Ensure that physical locations (dedicated housing areas and bathrooms) have been identified to isolate confirmed COVID-19 cases and individuals displaying COVID-19 symptoms, and to quarantine known close contacts of cases. (Medical isolation and quarantine locations should be separate). The plan should include contingencies for multiple locations if numerous cases and/or contacts are identified and require medical isolation or quarantine simultaneously. See Medical Isolation and Quarantine sections below for details regarding individual medical isolation and quarantine locations (preferred) vs. cohorting.
o Facilities without onsite healthcare capacity should make a plan for how they will ensure that suspected COVID19 cases will be isolated, evaluated, tested (if indicated), and provided necessary medical care.
o Make a list of possible social distancing strategies that could be implemented as needed at different stages of transmission intensity.
o Designate officials who will be authorized to make decisions about escalating or de-escalating response efforts as the epidemiologic context changes.
• Coordinate with local law enforcement and court officials. o Identify lawful alternatives to in-person court appearances, such as virtual court, as a social distancing measure to reduce the risk of COVID-19 transmission. o Explore strategies to prevent over-crowding of correctional and detention facilities during a community outbreak.
• Post signage throughout the facility communicating the following: o For all: symptoms of COVID-19 and hand hygiene instructions o For incarcerated/detained persons: report symptoms to staff o For staff: stay at home when sick; if symptoms develop while on duty, leave the facility as soon as possible and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms including self-isolating at home, contacting their healthcare provider as soon as possible to determine whether they need to be evaluated and tested, and contacting their supervisor. o Ensure that signage is understandable for non-English speaking persons and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision.
Personnel Practices
• Review the sick leave policies of each employer that operates in the facility.

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o Review policies to ensure that they actively encourage staff to stay home when sick. o If these policies do not encourage staff to stay home when sick, discuss with the contract company. o Determine which officials will have the authority to send symptomatic staff home.
• Identify staff whose duties would allow them to work from home. Where possible, allowing staff to work from home can be an effective social distancing strategy to reduce the risk of COVID-19 transmission. o Discuss work from home options with these staff and determine whether they have the supplies and technological equipment required to do so. o put systems in place to implement work from home programs (e.g., time tracking, etc.).
• Plan for staff absences. Staff should stay home when they are sick, or they may need to stay home to care for a sick household member or care for children in the event of school and childcare dismissals. o Allow staff to work from home when possible, within the scope of their duties. o Identify critical job functions and plan for alternative coverage by cross-training staff where possible. o Determine minimum levels of staff in all categories required for the facility to function safely. If possible, develop a plan to secure additional staff if absenteeism due to COVID-19 threatens to bring staffing to minimum levels. o Consider increasing keep on person (KOP) medication orders to cover 30 days in case of healthcare staff shortages.
• Consider offering revised duties to staff who are at higher risk of severe illness with COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions including lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue. o Facility administrators should consult with their occupational health providers to determine whether it would be allowable to reassign duties for specific staff members to reduce their likelihood of exposure to COVID-19.
• Offer the seasonal influenza vaccine to all incarcerated/detained persons (existing population and new intakes) and staff throughout the influenza season. Symptoms of COVID-19 are similar to those of influenza. Preventing influenza cases in a facility can speed the detection of COVID-19 cases and reduce pressure on healthcare resources.
• Reference the Occupational Safety and Health Administration website Cl for recommendations regarding worker health.
• Review CDC's guidance for businesses and employers to identify any additional strategies the facility can use within its role as an employer.
Operations & Supplies
• Ensure that sufficient stocks of hygiene supplies, cleaning supplies, PPE, and medical supplies (consistent with the healthcare capabilities of the facility) are on hand and available, and have a plan in place to restock as needed if COVID-19 transmission occurs within the facility. o Standard medical supplies for daily clinic needs o Tissues o Liquid soap when possible. If bar soap must be used, ensure that it does not irritate the skin and thereby

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discourage frequent hand washing. o Hand drying supplies o Alcohol-based hand sanitizer containing at least 60% alcohol (where permissible based on security restrictions)
o Cleaning supplies, including EPA-registered disinfectants effective against the virus that causes COVID-19 El o Recommended PPE (facemasks, N95 respirators, eye protection, disposable medical gloves, and disposable
gowns/one-piece coveralls). See PPE section and Table 1 for more detailed information, including recommendations for extending the life of all PPE categories in the event of shortages, and when face masks are acceptable alternatives to N95s. Visit CDC's website for a calculator to help determine rate of PPE usage. o Sterile viral transport media and sterile swabs to collect nasopharyngeal specimens if COVID-19 testing is indicated
• Make contingency plans for the probable event of PPE shortages during the COVID-19 pandemic, particularly for non-healthcare workers. o See CDC guidance optimizing PPE supplies.
• Consider relaxing restrictions on allowing alcohol-based hand sanitizer in the secure setting where security concerns allow. If soap and water are not available, CDC recommends cleaning hands with an alcoholbased hand sanitizer that contains at least 60% alcohol. Consider allowing staff to carry individual-sized bottles for their personal hand hygiene while on duty.
• Provide a no-cost supply of soap to incarcerated/detained persons, sufficient to allow frequent_ hand washing. (See Hygiene section below for additional detail regarding recommended frequency and protocol for hand washing.) o Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin and thereby discourage frequent hand washing.
• If not already in place, employers operating within the facility should establish a respiratory protection program as appropriate, to ensure that staff and incarcerated/detained persons are fit tested for any respiratory protection they will need within the scope of their responsibilities.
• Ensure that staff and incarcerated/detained persons are trained to correctly don, doff, and dispose of PPE that they will need to use within the scope of their responsibilities. See Table 1 for recommended PPE for incarcerated/detained persons and staff with varying levels of contact with COVID-19 cases or their close contacts.
Prevention
Cases of COVID-19 have been documented in all 50 US states. Correctional and detention facilities can prevent introduction of COVID-19 from the community and reduce transmission if it is already inside by reinforcing good hygiene practices among incarcerated/detained persons, staff, and visitors (including increasing access to soap and paper towels), intensifying cleaning/disinfection practices, and implementing social distancing strategies.
Because many individuals infected with COVID-19 do not display symptoms, the virus could be present in facilities before cases are identified. Both good hygiene practices and social distancing are critical in preventing further transmission.
Operations

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• Stay in communication with partners about your facility's current situation. o State, local, territorial, and/or tribal health departments o Other correctional facilities
• Communicate with the public about any changes to facility operations, including visitation programs. • Restrict transfers of incarcerated/detained persons to and from other jurisdictions and facilities unless
necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding.
o Strongly consider postponing non-urgent outside medical visits.
o If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case - including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to properly isolate the individual upon arrival. Ensure that staff transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
• Implement lawful alternatives to in-person court appearances where permissible.
• Where relevant, consider suspending co-pays for incarcerated/detained persons seeking medical evaluation for respiratory symptoms.
• Limit the number of operational entrances and exits to the facility.
Cleaning and Disinfecting Practices
• Even if COVID-19 cases have not yet been identified inside the facility or in the surrounding community, begin implementing intensified cleaning and disinfecting procedures according to the recommendations below. These measures may prevent spread of COVID-19 if introduced.
• Adhere to CDC recommendations for cleaning and disinfection during the COVID-19 response. Monitor these recommendations for updates. o several times per day, clean and disinfect surfaces and objects that are frequently touched, especially in common areas. Such surfaces may include objects/surfaces not ordinarily cleaned daily (e.g., doorknobs, light switches, sink handles, countertops, toilets, toilet handles, recreation equipment, kiosks, and telephones). o Staff should clean shared equipment several times per day and on a conclusion of use basis (e.g., radios, service weapons, keys, handcuffs).
o Use household cleaners and EPA-registered disinfectants effective against the virus that causes COVID-19 Cl
as appropriate for the surface, following label instructions. This may require lifting restrictions on undiluted disinfectants. o Labels contain instructions for safe and effective use of the cleaning product, including precautions that should be taken when applying the product, such as wearing gloves and making sure there is good ventilation during use • Consider increasing the number of staff and/or incarcerated/detained persons trained and responsible for cleaning common areas to ensure continual cleaning of these areas throughout the day. • Ensure adequate supplies to support intensified cleaning and disinfection practices, and have a plan in place to restock rapidly if needed.

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Hygiene
• Reinforce healthy hygiene practices, and provide and continually restock hygiene supplies throughout the facility, including in bathrooms, food preparation and dining areas, intake areas, visitor entries and exits, visitation rooms and waiting rooms, common areas, medical, and staff-restricted areas (e.g., break rooms).
• Encourage all persons in the facility to take the following actions to protect themselves and others from COVID-19. Post signage throughout the facility, and communicate this information verbally on a regular basis. Sample signage and other communications materials are available on the CDC website. Ensure that materials can be understood by non-English speakers and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision. o Practice good cough etiquette: Cover your mouth and nose with your elbow (or ideally with a tissue) rather than with your hand when you cough or sneeze, and throw all tissues in the trash immediately after use. o Practice good hand hygiene: Regularly wash your hands with soap and water for at least 20 seconds, especially after coughing, sneezing, or blowing your nose; after using the bathroom; before eating or preparing food; before taking medication; and after touching garbage. o Avoid touching your eyes, nose, or mouth without cleaning your hands first.
o Avoid sharing eating utensils, dishes, and cups. o Avoid non-essential physical contact.
• Provide incarcerated/detained persons and staff no-cost access to: o Soap - Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin, as this would discourage frequent hand washing. o Running water, and hand drying machines or disposable paper towels for hand washing o Tissues and no-touch trash receptacles for disposal
• Provide alcohol-based hand sanitizer with at least 60% alcohol where permissible based on security restrictions. Consider allowing staff to carry individual-sized bottles to maintain hand hygiene.
• Communicate that sharing drugs and drug preparation equipment can spread COVID-19 due to potential contamination of shared items and close contact between individuals.
Prevention Practices for Incarcerated/Detained Persons
• Perform pre-intake screening and temperature checks for all new entrants. Screening should take place in the sallyport, before beginning the intake process, in order to identify and immediately place individuals with symptoms under medical isolation. See Screening section below for the wording of screening questions and a recommended procedure to safely perform a temperature check. Staff performing temperature checks should wear recommended PPE (see PPE section below). o If an individual has symptoms of COVID-19 (fever, cough, shortness of breath): ■ Require the individual to wear a face mask. ■ Ensure that staff who have direct contact with the symptomatic individual wear recommended PPE. ■ Place the individual under medical isolation (ideally in a room near the screening location, rather than transporting the ill individual through the facility), and refer to healthcare staff for further evaluation. (See Infection Control and Clinical Care sections below.) ■ Facilities without onsite healthcare staff should contact their state, local, tribal, and/or territorial health

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department to coordinate effective medical isolation and necessary medical care. o If an individual is a close contact of a known COVID-19 case (but has no COVID-19 symptoms):
• Quarantine the individual and monitor for symptoms two times per day for 14 days. (See Quarantine section below.)
■ Facilities without onsite healthcare staff should contact their state, local, tribal, and/or territorial health department to coordinate effective quarantine and necessary medical care.
• Implement social distancing strategies to increase the physical space between incarcerated/detained persons (ideally 6 feet between all individuals, regardless of the presence of symptoms). Strategies will need to be tailored to the individual space in the facility and the needs of the population and staff. Not all strategies will be feasible in all facilities. Example strategies with varying levels of intensity include: o Common areas: ■ Enforce increased space between individuals in holding cells, as well as in lines and waiting areas such as intake (e.g., remove every other chair in a waiting area)
o Recreation: ■ Choose recreation spaces where individuals can spread out ■ Stagger time in recreation spaces ■ Restrict recreation space usage to a single housing unit per space (where feasible)
o Meals: ■ Stagger meals
• Rearrange seating in the dining hall so that there is more space between individuals (e.g., remove every other chair and use only one side of the table)
■ Provide meals inside housing units or cells
o Group activities: • Limit the size of group activities
• Increase space between individuals during group activities ■ Suspend group programs where participants are likely to be in closer contact than they are in their
housing environment
■ Consider alternatives to existing group activities, in outdoor areas or other areas where individuals can spread out
o Housing: ■ If space allows, reassign bunks to provide more space between individuals, ideally 6 feet or more in all directions. (Ensure that bunks are cleaned thoroughly if assigned to a new occupant.)
■ Arrange bunks so that individuals sleep head to foot to increase the distance between them ■ Rearrange scheduled movements to minimize mixing of individuals from different housing areas
o Medical: ■ If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit. If this is not feasible, consider staggering sick call. ■ Designate a room near the intake area to evaluate new entrants who are flagged by the intake screening process for COVID-19 symptoms or case contact, before they move to other parts of the facility.
• Communicate clearly and frequently with incarcerated/detained persons about changes to their daily routine and how they can contribute to risk reduction.

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• Note that if group activities are discontinued, it will be important to identify alternative forms of activity to support the mental health of incarcerated/detained persons.
• Consider suspending work release programs and other programs that involve movement of incarcerated/detained individuals in and out of the facility.
• Provide up-to-date information about COVID-19 to incarcerated/detained persons on a regular basis, including: o Symptoms of COVID-19 and its health risks o Reminders to report COVID-19 symptoms to staff at the first sign of illness
• Consider having healthcare staff perform rounds on a regular basis to answer questions about COVID19.
Prevention Practices for Staff
• Remind staff to stay at home if they are sick. Ensure that staff are aware that they will not be able to enter the facility if they have symptoms of COVID-19, and that they will be expected to leave the facility as soon as possible if they develop symptoms while on duty.
• Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all staff daily on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks. o In very small facilities with only a few staff, consider self-monitoring or virtual monitoring (e.g., reporting to a central authority via phone). o Send staff home who do not clear the screening process, and advise them to follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
• Provide staff with up-to-date information about COVID-19 and about facility policies on a regular basis, including: o symptoms of COVID-19 and its health risks o Employers' sick leave policy o If staff develop a fever, cough, or shortness of breath while at work: immediately put on a face mask, inform supervisor, leave the facility, and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms. o If staff test positive for COVID-19: inform workplace and personal contacts immediately, and do not return to work until a decision to discontinue home medical isolation precautions is made. Monitor CDC guidance on discontinuing home isolation regularly as circumstances evolve rapidly. o If a staff member is identified as a close contact of a COVID-19 case (either within the facility or in the community): self-quarantine at home for 14 days and return to work if symptoms do not develop. If symptoms do develop, follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
• If a staff member has a confirmed COVID-19 infection, the relevant employers should inform other staff about their possible exposure to COVID-19 in the workplace, but should maintain confidentiality as required by the Americans with Disabilities Act. o Employees who are close contacts of the case should then self-monitor for symptoms (i.e., fever, cough, or shortness of breath).
• When feasible and consistent with security priorities, encourage staff to maintain a distance of 6 feet or more from an individual with respiratory symptoms while interviewing, escorting, or interacting in

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other ways.
• Ask staff to keep interactions with individuals with respiratory symptoms as brief as possible.
Prevention Practices for Visitors
• If possible, communicate with potential visitors to discourage contact visits in the interest of their own health and the health of their family members and friends inside the facility.
• Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all visitors and volunteers on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks. o Staff performing temperature checks should wear recommended PPE.
o Exclude visitors and volunteers who do not clear the screening process or who decline screening.
• Provide alcohol-based hand sanitizer with at least 60% alcohol in visitor entrances, exits, and waiting areas.
• Provide visitors and volunteers with information to prepare them for screening. o Instruct visitors to postpone their visit if they have symptoms of respiratory illness.
o If possible, inform potential visitors and volunteers before they travel to the facility that they should expect to be screened for COVID-19 (including a temperature check), and will be unable to enter the facility if they do not clear the screening process or if they decline screening.
o Display signage outside visiting areas explaining the COVID-19 screening and temperature check process. Ensure that materials are understandable for non-English speakers and those with low literacy.
• Promote non-contact visits: o Encourage incarcerated/detained persons to limit contact visits in the interest of their own health and the health of their visitors. o Consider reducing or temporarily eliminating the cost of phone calls for incarcerated/detained persons. o Consider increasing incarcerated/detained persons' telephone privileges to promote mental health and reduce exposure from direct contact with community visitors.
• Consider suspending or modifying visitation programs, if legally permissible. For example, provide access to virtual visitation options where available. o If moving to virtual visitation, clean electronic surfaces regularly. (See Cleaning guidance below for instructions on cleaning electronic surfaces.) o Inform potential visitors of changes to, or suspension of, visitation programs. o Clearly communicate any visitation program changes to incarcerated/detained persons, along with the reasons for them (including protecting their health and their family and community members' health). o If suspending contact visits, provide alternate means (e.g., phone or video visitation) for incarcerated/detained individuals to engage with legal representatives, clergy, and other individuals with whom they have legal right to consult.
NOTE: Suspending visitation would be done in the interest of incarcerated/detained persons' physical health and the health of the general public. However, visitation is important to maintain mental health. If visitation is suspended, facilities should explore alternative ways for incarcerated/detained persons to communicate with their families, friends, and other visitors in a way that is not financially burdensome for them. See above suggestions for promoting non-contact visits.

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• Restrict non-essential vendors, volunteers, and tours from entering the facility.
Management
If there has been a suspected COVID-19 case inside the facility (among incarcerated/detained persons, staff, or visitors who have recently been inside), begin implementing Management strategies while test results are pending. Essential Management strategies include placing cases and individuals with symptoms under medical isolation, quarantining their close contacts, and facilitating necessary medical care, while observing relevant infection control and environmental disinfection protocols and wearing recommended PPE.
Operations
• Implement alternate work arrangements deemed feasible in the Operational Preparedness
• Suspend all transfers of incarcerated/detained persons to and from other jurisdictions and facilities (including work release where relevant), unless necessary for medical evaluation, medical isolation/quarantine, care, extenuating security concerns, or to prevent overcrowding. o If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case - including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to appropriately isolate the individual upon arrival. Ensure that staff transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
• If possible, consider quarantining all new intakes for 14 days before they enter the facility's general population (SEPARATELY from other individuals who are quarantined due to contact with a COVID-19 case). Subsequently in this document, this practice is referred to as routine intake quarantine.
• When possible, arrange lawful alternatives to in-person court appearances.
• Incorporate screening for COVID-19 symptoms and a temperature check into release planning. o Screen all releasing individuals for COVID-19 symptoms and perform a temperature check. (See Screening section below.) ■ If an individual does not clear the screening process, follow the protocol for a suspected COVID-19 case including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. ■ If the individual is released before the recommended medical isolation period is complete, discuss release of the individual with state, local, tribal, and/or territorial health departments to ensure safe medical transport and continued shelter and medical care, as part of release planning. Make direct linkages to community resources to ensure proper medical isolation and access to medical care. ■ Before releasing an incarcerated/detained individual with COVID-19 symptoms to a community-based facility, such as a homeless shelter, contact the facility's staff to ensure adequate time for them to prepare to continue medical isolation, or contact local public health to explore alternate housing options.
• Coordinate with state, local, tribal, and/or territorial health departments. o when a COVID-19 case is suspected, work with public health to determine action. See Medical Isolation section below.
o When a COVID-19 case is suspected or confirmed, work with public health to identify close contacts who should be placed under quarantine. See Quarantine section below.

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o Facilities with limited onsite medical isolation, quarantine, and/or healthcare services should coordinate closely with state, local, tribal, and/or territorial health departments when they encounter a confirmed or suspected case, in order to ensure effective medical isolation or quarantine, necessary medical evaluation and care, and medical transfer if needed. See Facilities with Limited Onsite Healthcare Services section.
Hygiene
• Continue to ensure that hand hygiene supplies are well-stocked in all areas of the facility. (See above.) • Continue to emphasize practicing good hand hygiene and cough etiquette. (See above.)
Cleaning and Disinfecting Practices
• Continue adhering to recommended cleaning and disinfection procedures for the facility at large. (See above.)
• Reference specific cleaning and disinfection procedures for areas where a COVID-19 case has spent time (below).
Medical Isolation of Confirmed or Suspected COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without sufficient space to implement effective medical isolation, should coordinate with local public health officials to ensure that COVID-19 cases will be appropriately isolated, evaluated, tested (if indicated), and given care.
• As soon as an individual develops symptoms of COVID-19, they should wear a face mask (if it does not restrict breathing) and should be immediately placed under medical isolation in a separate environment from other individuals.
• Keep the individual's movement outside the medical isolation space to an absolute minimum. o Provide medical care to cases inside the medical isolation space. See Infection Control and Clinical Care sections for additional details. o Serve meals to cases inside the medical isolation space. o Exclude the individual from all group activities. o Assign the isolated individual a dedicated bathroom when possible.
• Ensure that the individual is wearing a face mask at all times when outside of the medical isolation space, and whenever another individual enters. Provide clean masks as needed. Masks should be changed at least daily, and when visibly soiled or wet.
• Facilities should make every possible effort to place suspected and confirmed COVID-19 cases under medical isolation individually. Each isolated individual should be assigned their own housing space and bathroom where possible. Cohorting should only be practiced if there are no other available options. o If cohorting is necessary: s Only individuals who are laboratory confirmed COVID-19 cases should be placed under medical isolation as a cohort. Do not cohort confirmed cases with suspected cases or case contacts. ■ Unless no other options exist, do not house COVID-19 cases with individuals who have an undiagnosed respiratory infection.

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■ Ensure that cohorted cases wear face masks at all times. o In order of preference, individuals under medical isolation should be housed:
■ Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully ■ Separately, in single cells with solid walls but without solid doors ■ As a cohort, in a large, well-ventilated cell with solid walls and a solid door that closes fully. Employ social
distancing strategies related to housing in the Prevention section above. ■ As a cohort, in a large, well-ventilated cell with solid walls but without a solid door. Employ social
distancing strategies related to housing in the Prevention section above. ■ As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars),
preferably with an empty cell between occupied cells. (Although individuals are in single cells in this scenario, the airflow between cells essentially makes it a cohort arrangement in the context of COVID-19.) ■ As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section above. ■ Safely transfer individual(s) to another facility with available medical isolation capacity in one of the above arrangements (NOTE - Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
If the ideal choice does not exist in a facility, use the next best alternative.
• If the number of confirmed cases exceeds the number of individual medical isolation spaces available in the facility, be especially mindful of cases who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other infected individuals. If cohorting is unavoidable, make all possible accommodations to prevent transmission of other infectious diseases to the higher-risk individual. (For example, allocate more space for a higher-risk individual within a shared medical isolation space.) o persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
o Note that incarcerated/detained populations have higher prevalence of infectious and chronic diseases and are in poorer health than the general population, even at younger ages.
• Custody staff should be designated to monitor these individuals exclusively where possible. These staff should wear recommended PPE as appropriate for their level of contact with the individual under medical isolation (see PPE section below) and should limit their own movement between different parts of the facility to the extent possible.
• Minimize transfer of COVID-19 cases between spaces within the healthcare unit.
• Provide individuals under medical isolation with tissues and, if permissible, a lined no-touch trash receptacle. Instruct them to: o cover their mouth and nose with a tissue when they cough or sneeze o Dispose of used tissues immediately in the lined trash receptacle
o Wash hands immediately with soap and water for at least 20 seconds. If soap and water are not available, clean hands with an alcohol-based hand sanitizer that contains at least 60% alcohol (where security concerns permit). Ensure that hand washing supplies are continually restocked.
• Maintain medical isolation until all the following criteria have been met. Monitor the CDC website for

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updates to these criteria. o For individuals who will be tested to determine if they are still contagious: ■ The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND
■ The individual's other symptoms have improved (e.g., cough, shortness of breath) AND ■ The individual has tested negative in at least two consecutive respiratory specimens collected at least 24
hours apart
o For individuals who will NOT be tested to determine if they are still contagious: ■ The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND ■ The individual's other symptoms have improved (e.g., cough, shortness of breath) AND ■ At least 7 days have passed since the first symptoms appeared
o For individuals who had a confirmed positive COVID-19 test but never showed symptoms: ■ At least 7 days have passed since the date of the individual's first positive COVID-19 test AND ■ The individual has had no subsequent illness
• Restrict cases from leaving the facility while under medical isolation precautions, unless released from custody or if a transfer is necessary for medical care, infection control, lack of medical isolation space, or extenuating security concerns. o If an incarcerated/detained individual who is a COVID-19 case is released from custody during their medical isolation period, contact public health to arrange for safe transport and continuation of necessary medical care and medical isolation as part of release planning.
Cleaning Spaces where COVID-19 Cases Spent Time
• Thoroughly clean and disinfect all areas where the confirmed or suspected COVID-19 case spent time. Note — these protocols apply to suspected cases as well as confirmed cases, to ensure adequate disinfection in the event that the suspected case does, in fact, have COVID-19. Refer to the Definitions section for the distinction between confirmed and suspected cases. o Close off areas used by the infected individual. If possible, open outside doors and windows to increase air circulation in the area. Wait as long as practical, up to 24 hours under the poorest air exchange conditions (consult CDC Guidelines for Environmental Infection Control in Health-Care Facilities for wait time based on different ventilation conditions), before beginning to clean and disinfect, to minimize potential for exposure to respiratory droplets.
o Clean and disinfect all areas (e.g., cells, bathrooms, and common areas) used by the infected individual, focusing especially on frequently touched surfaces (see list above in Prevention section).
• Hard (non-porous) surface cleaning and disinfection o If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection.
o For disinfection, most common EPA-registered household disinfectants should be effective. Choose cleaning products based on security requirements within the facility. ■ Consult a list of products that are EPA-approved for use against the virus that causes COVID-19 E . Follow the manufacturer's instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.). ■ Diluted household bleach solutions can be used if appropriate for the surface. Follow the manufacturer's instructions for application and proper ventilation, and check to ensure the product is not past its

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expiration date. Never mix household bleach with ammonia or any other cleanser. Unexpired household bleach will be effective against coronaviruses when properly diluted. Prepare a bleach solution by mixing:
n 5 tablespoons (1/3rd cup) bleach per gallon of water or • 4 teaspoons bleach per quart of water • Soft (porous) surface cleaning and disinfection o For soft (porous) surfaces such as carpeted floors and rugs, remove visible contamination if present and clean with appropriate cleaners indicated for use on these surfaces. After cleaning: • If the items can be laundered, launder items in accordance with the manufacturer's instructions using the warmest appropriate water setting for the items and then dry items completely. • Otherwise, use products that are EPA-approved for use against the virus that causes COVID-19 Ell and are suitable for porous surfaces.
• Electronics cleaning and disinfection o For electronics such as tablets, touch screens, keyboards, and remote controls, remove visible contamination if present. • Follow the manufacturer's instructions for all cleaning and disinfection products.
• Consider use of wipeable covers for electronics.
• If no manufacturer guidance is available, consider the use of alcohol-based wipes or spray containing at least 70% alcohol to disinfect touch screens. Dry surfaces thoroughly to avoid pooling of liquids.
Additional information on cleaning and disinfection of communal facilities such can be found on CDC's website.
• Ensure that staff and incarcerated/detained persons performing cleaning wear recommended PPE. (See PPE section below.)
• Food service items. Cases under medical isolation should throw disposable food service items in the trash in their medical isolation room. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
• Laundry from a COVID-19 cases can be washed with other individuals' laundry. o Individuals handling laundry from COVID-19 cases should wear disposable gloves, discard after each use, and clean their hands after. o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. o Launder items as appropriate in accordance with the manufacturer's instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely. o Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
• Consult cleaning recommendations above to ensure that transport vehicles are thoroughly cleaned after carrying a confirmed or suspected COVID-19 case.
Quarantining Close Contacts of COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without sufficient space to implement effective quarantine, should coordinate with local public health officials to ensure that close contacts of COVID-19 cases will be effectively quarantined and medically monitored.

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 28 of 62 Page ID #:5302
• Incarcerated/detained persons who are close contacts of a confirmed or suspected COVID-19 case (whether the case is another incarcerated/detained person, staff member, or visitor) should be placed under quarantine for 14 days (see CDC guidelines). o If an individual is quarantined due to contact with a suspected case who is subsequently tested for COVID-19 and receives a negative result, the quarantined individual should be released from quarantine restrictions.
• In the context of COVID-19, an individual (incarcerated/detained person or staff) is considered a close contact if they: o Have been within approximately 6 feet of a COVID-19 case for a prolonged period of time OR o Have had direct contact with infectious secretions of a COVID-19 case (e.g., have been coughed on)
Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
• Keep a quarantined individual's movement outside the quarantine space to an absolute minimum. o Provide medical evaluation and care inside or near the quarantine space when possible.
o Serve meals inside the quarantine space. o Exclude the quarantined individual from all group activities.
o Assign the quarantined individual a dedicated bathroom when possible.
• Facilities should make every possible effort to quarantine close contacts of COVID-19 cases individually. Cohorting multiple quarantined close contacts of a COVID-19 case could transmit COVID-19 from those who are infected to those who are uninfected. Cohorting should only be practiced if there are no other available options. o If cohorting of close contacts under quarantine is absolutely necessary, symptoms of all individuals should be monitored closely, and individuals with symptoms of COVID-19 should be placed under medical isolation
o If an entire housing unit is under quarantine due to contact with a case from the same housing unit, the entire housing unit may need to be treated as a cohort and quarantine in place.
o some facilities may choose to quarantine all new intakes for 14 days before moving them to the facility's general population as a general rule (not because they were exposed to a COVID-19 case). Under this scenario, avoid mixing individuals quarantined due to exposure to a COVID-19 case with individuals undergoing routine intake quarantine.
o If at all possible, do not add more individuals to an existing quarantine cohort after the 14-day quarantine clock has started.
• If the number of quarantined individuals exceeds the number of individual quarantine spaces available in the facility, be especially mindful of those who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other quarantined individuals. If cohorting is unavoidable, make all possible accommodations to reduce exposure risk for the higher-risk individuals. (For example, intensify social distancing strategies for higher-risk individuals.)
• In order of preference, multiple quarantined individuals should be housed: o Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully
o Separately, in single cells with solid walls but without solid doors o As a cohort, in a large, well-ventilated cell with solid walls, a solid door that closes fully, and at least 6 feet of
personal space assigned to each individual in all directions
o As a cohort, in a large, well-ventilated cell with solid walls and at least 6 feet of personal space assigned to each

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individual in all directions, but without a solid door
o As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells creating at least 6 feet of space between individuals. (Although individuals are in single cells in this scenario, the airflow between cells essentially makes it a cohort arrangement in the context of COVID-19.)
o As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section to maintain at least 6 feet of space between individuals housed in the same cell.
o As a cohort, in individuals' regularly assigned housing unit but with no movement outside the unit (if an entire housing unit has been exposed). Employ social distancing strategies related to housing in the Prevention section above to maintain at least 6 feet of space between individuals.
o Safely transfer to another facility with capacity to quarantine in one of the above arrangements (NOTE - Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
• Quarantined individuals should wear face masks if feasible based on local supply, as source control, under the following circumstances (see PPE section and Table 1): o If cohorted, quarantined individuals should wear face masks at all times (to prevent transmission from infected to uninfected individuals).
o If quarantined separately, individuals should wear face masks whenever a non-quarantined individual enters the quarantine space.
o All quarantined individuals should wear a face mask if they must leave the quarantine space for any reason.
o Asymptomatic individuals under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear face masks.
• Staff who have close contact with quarantined individuals should wear recommended PPE if feasible based on local supply, feasibility, and safety within the scope of their duties (see PPE section and Table 1). o Staff supervising asymptomatic incarcerated/detained persons under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear PPE.
• Quarantined individuals should be monitored for COVID-19 symptoms twice per day, including temperature checks. o If an individual develops symptoms, they should be moved to medical isolation immediately and further evaluated. (See Medical Isolation section above.)
o See Screening section for a procedure to perform temperature checks safely on asymptomatic close contacts of COVID-19 cases.
• If an individual who is part of a quarantined cohort becomes symptomatic: o If the individual is tested for COVID-19 and tests positive: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
o If the individual is tested for COVID-19 and tests negative: the 14-day quarantine clock for this individual and the remainder of the cohort does not need to be reset. This individual can return from medical isolation to the quarantined cohort for the remainder of the quarantine period.
o If the individual is not tested for COVID-19: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
• Restrict quarantined individuals from leaving the facility (including transfers to other facilities) during the 14-day quarantine period, unless released from custody or a transfer is necessary for medical care, infection control, lack of quarantine space, or extenuating security concerns.

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• Quarantined individuals can be released from quarantine restrictions if they have not developed symptoms during the 14-day quarantine period.
• Meals should be provided to quarantined individuals in their quarantine spaces. Individuals under quarantine should throw disposable food service items in the trash. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
• Laundry from quarantined individuals can be washed with other individuals' laundry. O Individuals handling laundry from quarantined persons should wear disposable gloves, discard after each use, and clean their hands after. o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. o Launder items as appropriate in accordance with the manufacturer's instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely. O Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
Management of Incarcerated/Detained Persons with COVID-19 Symptoms
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity or without sufficient space for medical isolation should coordinate with local public health officials to ensure that suspected COVID-19 cases will be effectively isolated, evaluated, tested (if indicated), and given care._
• If possible, designate a room near each housing unit for healthcare staff to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
• Incarcerated/detained individuals with COVID-19 symptoms should wear a face mask and should be placed under medical isolation immediately. Discontinue the use of a face mask if it inhibits breathing. See Medical Isolation section above.
• Medical staff should evaluate symptomatic individuals to determine whether COVID-19 testing is indicated. Refer to CDC guidelines for information on evaluation and testing. See Infection Control and Clinical Care sections below as well.
• If testing is indicated (or if medical staff need clarification on when testing is indicated), contact the state, local, tribal, and/or territorial health department. Work with public health or private labs as available to access testing supplies or services. o If the COVID-19 test is positive, continue medical isolation. (See Medical Isolation section above.) o If the COVID-19 test is negative, return the individual to their prior housing assignment unless they require further medical assessment or care.
Management Strategies for Incarcerated/Detained Persons without COVID-19 Symptoms
• Provide clear information to incarcerated/detained persons about the presence of COVID-19 cases within the facility, and the need to increase social distancing and maintain hygiene precautions.

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o Consider having healthcare staff perform regular rounds to answer questions about COVID-19. o Ensure that information is provided in a manner that can be understood by non-English speaking individuals
and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision. • Implement daily temperature checks in housing units where COVID-19 cases have been identified, especially if there is concern that incarcerated/detained individuals are not notifying staff of symptoms.See Screening section for a procedure to safely perform a temperature check. • Consider additional options to intensify social distancing within the facility.
Management Strategies for Staff
• Provide clear information to staff about the presence of COVID-19 cases within the facility, and the need to enforce social distancing and encourage hygiene precautions. o Consider having healthcare staff perform regular rounds to answer questions about COVID-19 from staff.
• Staff identified as close contacts of a COVID-19 case should self-quarantine at home for 14 days and may return to work if symptoms do not develop. o See above for definition of a close contact. o Refer to CDC guidelines for further recommendations regarding home quarantine for staff.
Infection Control
Infection control guidance below is applicable to all types of correctional facilities. Individual facilities should assess their unique needs based on the types of exposure staff and incarcerated/detained persons may have with confirmed or suspected COVID-19 cases.
• All individuals who have the potential for direct or indirect exposure to COVID-19 cases or infectious materials (including body substances; contaminated medical supplies, devices, and equipment; contaminated environmental surfaces; or contaminated air) should follow infection control practices outlined in the CDC Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings. Monitor these guidelines regularly for updates. o Implement the above guidance as fully as possible within the correctional/detention context. Some of the specific language may not apply directly to healthcare settings within correctional facilities and detention centers, or to facilities without onsite healthcare capacity, and may need to be adapted to reflect facility operations and custody needs. o Note that these recommendations apply to staff as well as to incarcerated/detained individuals who may come in contact with contaminated materials during the course of their work placement in the facility (e.g., cleaning).
• Staff should exercise caution when in contact with individuals showing symptoms of a respiratory infection. Contact should be minimized to the extent possible until the infected individual is wearing a face mask. If COVID-19 is suspected, staff should wear recommended PPE (see PPE section).
• Refer to PPE section to determine recommended PPE for individuals persons in contact with confirmed COVID-19 cases, contacts, and potentially contaminated items.
Clinical Care of COVID-19 Cases

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• Facilities should ensure that incarcerated/detained individuals receive medical evaluation and treatment at the first signs of COVID-19 symptoms. o If a facility is not able to provide such evaluation and treatment, a plan should be in place to safely transfer the individual to another facility or local hospital.
o The initial medical evaluation should determine whether a symptomatic individual is at higher risk for severe illness from COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
• Staff evaluating and providing care for confirmed or suspected COVID-19 cases should follow the CDC Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) and monitor the guidance website regularly for updates to these recommendations.
• Healthcare staff should evaluate persons with respiratory symptoms or contact with a COVID-19 case in a separate room, with the door closed if possible, while wearing recommended PPE and ensuring that the suspected case is wearing a face mask. o If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
G Clinicians are strongly encouraged to test for other causes of respiratory illness (e.g., influenza).
• The facility should have a plan in place to safely transfer persons with severe illness from COVID-19 to a local hospital if they require care beyond what the facility is able to provide.
• When evaluating and treating persons with symptoms of COVID-19 who do not speak English, using a language line or provide a trained interpreter when possible.
Recommended PPE and PPE Training for Staff and Incarcerated/Detained Persons
• Ensure that all staff (healthcare and non-healthcare) and incarcerated/detained persons who will have contact with infectious materials in their work placements have been trained to correctly don, doff, and dispose of PPE relevant to the level of contact they will have with confirmed and suspected COVID-19 cases. o Ensure that staff and incarcerated/detained persons who require respiratory protection (e.g., N95s) for their work responsibilities have been medically cleared, trained, and fit-tested in the context of an employer's respiratory protection program. o For PPE training materials and posters, please visit the CDC website on Protecting Healthcare Personnel.
• Ensure that all staff are trained to perform hand hygiene after removing PPE. • If administrators anticipate that incarcerated/detained persons will request unnecessary PPE, consider
providing training on the different types of PPE that are needed for differing degrees of contact with COVID-19 cases and contacts, and the reasons for those differences (see Table 1). Monitor linked CDC guidelines in Table 1 for updates to recommended PPE. • Keep recommended PPE near the spaces in the facility where it could be needed, to facilitate quick access in an emergency. • Recommended PPE for incarcerated/detained individuals and staff in a correctional facility will vary based on the type of contact they have with COVID-19 cases and their contacts (see Table 1). Each type of recommended PPE is defined below. As above, note that PPE shortages are anticipated in every category during the COVID-19 response.

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o N95 respirator See below for guidance on when face masks are acceptable alternatives for N95s. N95 respirators should be prioritized when staff anticipate contact with infectious aerosols from a COVID-19 case.
o Face mask
o Eye protection - goggles or disposable face shield that fully covers the front and sides of the face o A single pair of disposable patient examination gloves
Gloves should be changed if they become torn or heavily contaminated. o Disposable medical isolation gown or single-use/disposable coveralls, when feasible
■ If custody staff are unable to wear a disposable gown or coveralls because it limits access to their duty belt and gear, ensure that duty belt and gear are disinfected after close contact with the individual. Clean and disinfect duty belt and gear prior to reuse using a household cleaning spray or wipe, according to the product label.
• If there are shortages of gowns, they should be prioritized for aerosol-generating procedures, care activities where splashes and sprays are anticipated, and high-contact patient care activities that provide opportunities for transfer of pathogens to the hands and clothing of staff.
• Note that shortages of all PPE categories are anticipated during the COVID-19 response, particularly for non-healthcare workers. Guidance for optimizing the supply of each category can be found on CDC's website: o Guidance in the event of a shortage of N95 respirators ■ Based on local and regional situational analysis of PPE supplies, face masks are an acceptable alternative when the supply chain of respirators cannot meet the demand. During this time, available respirators should be prioritized for staff engaging in activities that would expose them to respiratory aerosols, which pose the highest exposure risk.
o Guidance in the event of a shortage of face masks
o Guidance in the event of a shortage of eye protection
o Guidance in the event of a shortage of gowns/coveralls

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 34 of 62 Page ID #:5308

Classification of Individual Wearing PPE

N95 respirator

Face mask

Eye

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Protection Gloves Coveralls

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Asymptomatic incarcerated/detained persons (under quarantine as close contacts of a COVID-19 case*)

Apply face masks for source control as feasible based on local supply, especially if housed as a cohort

Incarcerated/detained persons who are

X

confirmed or suspected COVID-19 cases, or

showing symptoms of COVID-19

Incarcerated/detained persons in a work placement handling laundry or used food service items from a COVID-19 case or case contact

X

X

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placement cleaning areas vitnyere a Cf.Y,10-19

case has spent time

Addrtional PPE may be needed based on the product Iabe4. Se.e CDC. guidelines for more details

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

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 35 of 62 Page ID #:5309

Verbal Screening and Temperature Check Protocols for Incarcerated/Detained Persons, Staff, and Visitors
The guidance above recommends verbal screening and temperature checks for incarcerated/detained persons, staff, volunteers, and visitors who enter correctional and detention facilities, as well as incarcerated/detained persons who are transferred to another facility or released from custody. Below, verbal screening questions for COVID-19 symptoms and contact with known cases, and a safe temperature check procedure are detailed.

• Verbal screening for symptoms of COVID-19 and contact with COVID-19 cases should include the following questions: o Today or in the past 24 hours, have you had any of the following symptoms? ■ Fever, felt feverish, or had chills? ■ Cough?
■ Difficulty breathing?

o In the past 14 days, have you had contact with a person known to be infected with the novel coronavirus (COVID-19)?

• The following is a protocol to safely check an individual's temperature: o Perform hand hygiene

o Put on a face mask, eye protection (goggles or disposable face shield that fully covers the front and sides of the face), gown/coveralls, and a single pair of disposable gloves

o Check individual's temperature

o If performing a temperature check on multiple individuals, ensure that a clean pair of gloves is used for each individual and that the thermometer has been thoroughly cleaned in between each check. If disposable or non-contact thermometers are used and the screener did not have physical contact with an individual, gloves do not need to be changed before the next check. If non-contact thermometers are used, they should be cleaned routinely as recommended by CDC for infection control.

o Remove and discard PPE

o perform hand hygiene

Page last reviewed: March 23, 2020

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 36 of 62 Page ID #:5310
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SYMPTOMS OF #C:5O322RONAVIRUS DISEASE 2019

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Patients with COVID-19 have experienced mild to severe respiratory illness.

Symptoms* ca include FE

COUGH

*Symptoms may appear 2-14 days after exposure.

Seek medical advice if you develop symptoms, and have been in close contact with a person known to have COVID-19 orifyou live in or have recently been in an area with
ongoing spread of COVID-19.

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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 49 of 62 Page ID
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Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 54 of 62 Page ID #:5328

Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 55 of 62 Page ID
Share Facts#:5329 About COVID-19

Know the facts about coronavirus disease 2019 (COVID-19) and help stop the spread of rumors.

FACT
1

Diseases canmakeanyone sick
regardless oftheirTace or ethnicity.

'People-of Asiamdescent; including ChineSe Americans, are not more likely to get covip49 than any other American. fiellitop fear by letting people know that being,,of,AMancle5cent:
does not increasethe chanceofgettingor . . Spreading COV,ID-19.:

FACT Some people are at increased risk of

2

getting COVID-19.

e.• ew o have been in close contact with a
person known to have COVID-19 or people who live in or have recently been in an area with lb ongoing spread are at an increased risk of exposure.

FACT Someone who has completed

3

quarantine or has been released from isolation does not pose a risk of

infection to other people.

For up-to-date information, visit CDC's coronavirus disease 2019 web page.

FACT You can help stop COVID-19

4

by knowing the signs and symptoms:

• Fever • Cough

• Shortness of breath

Seek medical advice if you

• Develop symptoms

AND

• Have been in close contact with a person known to hAve COVID-19 or if you live in or have recently been in an area with ongoing spread of COVID-19.

FACT There are simple things you can

5

do to help keep yourself and others healthy.

• Wash your hands often with soap and water for at least 20 seconds, especially after blowing your nose, coughing, or sneezing; going to the bathroom; and before eating or preparing food.
• Avoid touching your eyes, nose, and mouth with unwashed hands.
• Stay home when you are sick.
• Cover your cough or sneeze with a tissue, then throw the tissue in the trash.

For more information: www.cdc.gov/COVID19

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ORONAVJRUS ISEASE

coronavirus disease 2019 (COVID-19)

If you are sick with COVID-19 or suspect you are infected with the virus that causes COVID-19, follow the steps below to help prevent the disease from spreading to people in your home and community.

Stay home except to get medical care
You should restrict activities outside your home, except for getting medical care. Do not go to work, school, or public areas. Avoid using public transportation, ride-sharing, or taxis.
Separate yourself fiom other people and animals in your home
People: As much as possible, you should stay in a specific room and away from other people in your home. Also, you should use a separate bathroom, if available.
Animals: Do not handle pets or other animals while sick. See COVID-19 and Animals for more information.
Call ahead before visiting your doctor
If you have a medical appointment, call the healthcare provider and tell them that you have or may have COVID-19. This will help the healthcare provider's office take steps to keep other people from getting infected or exposed.
Wear a facemask
You should wear a facemask when you are around other people (e.g., sharing a room or vehicle) or pets and before you enter a healthcare provider's office. If you are not able to wear a facemask (for example, because it causes trouble breathing), then people who live with you should not stay in the same room with you, or they should wear a facemask if they enter your room.
Cover your coughs and sneezes
Cover your mouth and nose with a tissue when you cough or sneeze. Throw used tissues in a lined trash can; immediately wash your hands with soap and water for at least 20 seconds or clean your hands with an alcohol-based hand sanitizer that contains at least 60% alcohol covering all surfaces of your hands and rubbing them together until they feel dry. Soap and water should be used preferentially if hands are visibly dirty.
Avoid sharing personal household items
You should not share dishes, drinking glasses, cups, eating utensils, towels, or bedding with other people or pets in your home. After using these items, they should be washed thoroughly with soap and water.

Clean your hands often
Wash your hands often with soap and water for at least 20 seconds. If soap and water are not available, clean your hands with an alcohol-based hand sanitizer that contains at least 60% alcohol, covering all surfaces of your hands and rubbing them together until they feel dry. Soap and water should be used preferentially if hands are visibly dirty. Avoid touching your eyes, nose, and mouth with unwashed hands.
Clean all"high-touch"surfaces every day
High touch surfaces include counters, tabletops, doorknobs, bathroom fixtures, toilets, phones, keyboards, tablets, and bedside tables. Also, clean any surfaces that may have blood, stool, or body fluids on them. Use a household deaning spray or wipe, according to the label instructions. Labels contain instructions for safe and effective use of the cleaning product including precautions you should take when applying the product, such as wearing gloves and making sure you have good ventilation during use of the product.
Monitor your symptoms
Seek prompt medical attention if your illness is worsening (e.g., difficulty breathing). Before seeking care, call your healthcare provider and tell them that you have, or are being evaluated for, COVID-19. Put on a facemask before you enter the facility. These steps will help the healthcare provider's office to keep other people in the office or waiting room from getting infected or exposed.
Ask your healthcare provider to call the local or state health department. Persons who are placed under active monitoring or facilitated self-monitoring should follow instructions provided by their local health department or occupational health professionals, as appropriate. When working with your local health department check their available hours.
If you have a medical emergency and need to call 911, notify the dispatch personnel that you have, or are being evaluated for COVID-19. If possible, put on a facemask before emergency medical services arrive.
Discontinuing home isolation
Patients with confirmed COVID-19 should remain under home isolation precautions until the risk of secondary transmission to others is thought to be low. he decision to discontinue home isolation precautions should be made on a case-by-case basis, in consultation with healthcare providers and state and local health departments.

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VI Que hater si contrae la enfermedad del #:5333 19 NFERMEDAD DEL
coronavirus 2019 (COVID-19) ORONAVIRUS

Si usted esta enfermo con COVID-19 o sospecha que esti infectado por el virus que causa el COVID-19, tome las medidas mencionadas a continuation para ayudar a prevenir que la enfermedad se propague a personas en su casa yen la comunidad.

Quedese en casa, excepto para conseguir atencion media
Debe restringir las actividades fuera de su casa, excepto para conseguir atencion medica. No vaya al trabajo, la escuela o a areas publicas. Evite usar el servicio de transporte public°, vehiculos compartidos o taxis.
Mantengase alejado de otras personas y de los animales en su casa
Personas: en la medida de lo posible, permanezca en una habitation especifica y lejos de las demas personas que esten en su casa. Ademas, deberia usar un bario aparte, de ser posible.
Animales: mientras este enfermo, no manipule ni toque mascotas ni otros animales. Consulte El COVID-19 y los animales para obtener mas information.
Llame antes de it al medico
Si tiene una cita medica, llame al proveedor de atencion medica y digale que tiene o que podria tener COVID-19. Esto ayudara a que en el consultorio del proveedor de atencion medica se tomen medidas para evitar que otras personas se infecten o expongan.
Use una mascarilla
Usted deberia usar una mascarilla cuando este cerca de otras personas (p. ej., compartiendo una habitation o un vehiculo) o de mascotas y antes de entrar al consultorio de un proveedor de atencion medica. Si no puede usar una mascarilla (por ejemplo, porque le causa dificultad para respirar), las personas que vivan con usted no deberian permanecer con usted en la misma habitation, o deberian ponerse una mascarilla si entran a su habitaci6n.
Ciibrase Ia nariz y la boca al toser y estornudar
Cubrase la nariz y la boca con un paiiuelo desechable al toser o estornudar. Bote los paiiuelos desechables usados en un bote de basura con una bolsa de plastic° adentro; lavese inmediatamente las manos con agua y jab6n por al menos 20 segundos o limpieselas con un desinfectante de manos que contenga al menos 60 % de alcohol, cubra todas las superficies de las manos y froteselas hasta que sienta que se secaron. Si tiene las manos visiblemente sucias, es preferible usar agua y jab6n.

Limpiese las manos con frecuencia
Lavese frecuentemente las manos con agua y jab6n por al menos 20 segundos. Si no hay agua y jab6n disponibles, limpieselas con un desinfectante de manos que contenga al menos un 60 % de alcohol, cubra todas las superficies de las manos y froteselas hasta que sienta que se secaron. Si tiene las manos visiblemente sucias, es preferible usar agua y jab6n. Evite tocarse los ojos, la nariz y la boca con las manos sin lavar.
Limpie todos los dias todas las superficies de contacto frecuente
Las superficies de contacto frecuente incluyen los mesones, las mesas, las manijas de las puertas, las llaves y grifos del batio, los inodoros, los telefonos, los teclados, las tabletas y las mesas de cama. Limpie tambien todas las superficies que puedan tener sangre, heces o liquidos corporales. Use un limpiador de uso domestic°, ya sea un rociador o una toallita, seem las instrucciones de la etiqueta. Las etiquetas contienen instrucciones para el uso seguro y eficaz de los productos de limpieza, incluidas las precauciones que deberia tomar cuando aplique el producto, como usar guantes y asegurarse de tener buena ventilation mientras lo este usando.
Vigile sus sintomas
Busque atencion medica rapidamente si su enfermedad empeora (p. ej., si tiene dificultad para respirar). Antes de hacerlo, llame a su proveedor de atencion medica y digale que tiene COVID-19, o que esti siendo evaluado para determinar si lo tiene. Pongase una mascarilla antes de entrar al consultorio. Estas medidas ayudaran a que en el consultorio del proveedor de atencion medica se pueda evitar la infecci6n o exposition de las otras personas que esten en el consultorio o la sala de espera.
Pidale a su proveedor de atenci6n medica que llame al departamento de salud local o estatal. Las personas que esten bajo monitoreo activo o automonitoreo facilitado deben seguir las indicaciones provistas por los profesionales de salud ocupacional o de su departamento de salud local, seem corresponda.
Si tiene una emergencia medica o necesita Hamar a1911, avisele al personal del centro de llamadas que tiene COVID-19 o lo estan evaluando para determinarlo. De ser posible, pongase una mascarilla antes de que llegue el servicio medico de emergencias.

Evite compartir articulos del hogar de uso personal
No debe compartir platos, vasos, tazas, cubiertos, toallas o ropa de cama con otras personas o mascotas que esten en su casa. Despues de usar estos articulos, se los debe lavar bien con agua y jabon.
CDC

Interruption del aislamiento en la casa
Los pacientes con COVID-19 confirmado deben permanecer bajo precauciones de aislamiento en la casa hasta que el riesgo de transmision secundaria a otras personas se considere bajo. La decision de interrumpir las precauciones de aislamiento en la casa debe tomarse segan cada caso en particular, en consulta con proveedores de atencion medica y departamentos de salud estatales y locales.

Para obtegtmas informaciOn: www.cdc.gov/COVID19-es

What you need to know about Case 5:17-cv-02514-JGB-SHK Document 256-1 Filed 04/08/20 Page 60 of 62 Page ID #:5334 coronavirus disease 2019 (COVID-19)

What is coronavirus disease 2019 (COVID-19)?
Coronavirus disease 2019 (COVID-19) is a respiratory illness that can spread from person to person. The virus that causes COVID-19 is a novel coronavirus that was first identified during an investigation into an outbreak in Wuhan, China.
Can people in the U.S. get COVID-19?
Yes. COVID-19 is spreading from person to person,in parts of the United States. Risk of infection with COVID-19 is higher for people who are dose contacts of someone known to have COVID-19, for example healthcare workers, or household members. Other people at higher risk for infection are those who live in or have recently been in an area with ongoing spread of COVID-19. Learn more about places with ongoing spread at https://www.cdc.gov/coronavirus/2019-ncov/about/ transmission.html#geographic.
Have there been cases of COVID-19 in the U.S.?
Yes. The first case of COVID-19 in the United States was reported on January 21, 2020. The current count of cases of COVID-19 in the United States is available on CDC's webpage at https:1iwww.cdc.gov/coronavirus.12019-ncov/cases-in-us.html.
How does COVID-19 spread?
The virus that causes COVID-19 probably emerged from an animal source, but is now spreading from person to person. The virus is thought to spread mainly between people who are in dose contact with one another (within about 6 feet) through respiratory droplets produced when an infected person coughs or sneezes. It also may be possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes, but this is not thought to be the main way the virus spreads. Learn what is known about the spread of newly emerged coronaviruses at https://www.cdc.gov/ coronavirus/2019-ncov/about/transmission.html.
What are the symptoms of COVID-19?
Patients with COVID-19 have had mild to severe respiratory illness with symptoms of • fever • cough • shortness of breath

What are severe complications from this virus?
Some patients have pneumonia in both lungs, multi-organ failure and in some cases death.
How can I help protect myself?
People can help protect themselves from respiratory illness with everyday preventive actions. • Avoid dose contact with people who are sick. • Avoid touching your eyes, nose, and mouth with
unwashed hands. • Wash your hands often with soap and water for at least 20
seconds. Use an alcohol-based hand sanitizer that contains at least 60% alcohol if soap and water are not available.
If you are sick, to keep from spreading respiratory illness to others, you should
• Stay home when you are sick. • Cover your cough or sneeze with a tissue, then throw the
tissue in the trash. • Clean and disinfect frequently touched objects
and surfaces.
What should I do ifIrecently traveled from an area with ongoing spread of COVID-19?
If you have traveled from an affected area, there may be restrictions on your movements for up to 2 weeks. If you develop symptoms during that period (fever, cough, trouble breathing), seek medical advice. Call the office of your health care provider before you go, and tell them about your travel and your symptoms. They will give you instructions on how to get care without exposing other people to your illness. While sick, avoid contact with people, don't go out and delay any travel to reduce the possibility of spreading illness to others.
Is there a vaccine?
There is currently no vaccine to protect against COVID-19. The best way to prevent infection is to take everyday preventive actions, like avoiding dose contact with people who are sick and washing your hands often.
Is there a treatment?
There is no specific antiviral treatment for COVID-19. People with COVID-19 can seek medical care to help relieve symptoms.

er a

For more information: www.cdc.gov/COVID19

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del coronavirus 2019 (COVID-19)

iQue es la enfermedad del coronavirus 2019 (COVID-19)?
La enfermedad del coronavirus 2019 (COVID-19) es una afeccion respiratoria que se puede propagar de persona a persona. El virus que cause el COVID-19 es un nuevo coronavirus que se identifico por primera vez durante la investigacion de un brote en Wuhan, China.
iPueden las personas en los EE. UU. contraer el COVID-19?
Si. El COVID-19 se esta propagando de persona a persona en partes de los Estados Unidos. El riesgo de infeccion con COVID-19 es mayor en las personas que son contactos cercanos de alguien que se sepa que tiene el COVID-19, por ejemplo, trabajadores del sector de la salud o miembros del hogar. Otras personas con un riesgo mayor de infeccion son las que viven o han estado recientemente en un area con propagacion en curso del COVID-19.
iHa habido casos de COVID-19 en los EE. UU.?
Si. El primer caso de COVID-19 en los Estados Unidos se notific6 el 21 de enero del 2020. La cantidad actual de casos de COVID-19 en los Estados Unidos esta disponible en la pagina web de los CDC en https://www.cdc.gov/coronavirus/2019ncov/cases-in-usltml.
1Como se propaga el COVID-19?
Es probable que el virus que causa el COVID-19 haya surgido de una fuente animal, pero ahora se este propagando de persona a persona. Se cree que el virus se propaga principalmente entre las personas que estan en contacto cercano unas con otras (dentro de 6 pies de distancia), a traves de las gotitas respiratorias que se producen cuando una persona infectada tose o estornuda. Tambien podria ser posible que una persona contraiga el COVID-19 al tocar una superficie u objeto que tenga el virus y luego se toque la boca, la nariz o posiblemente los ojos, aunque no se cree que esta sea la principal forma en que se propaga el virus. InfOrmese sobre lo que se sabe acerca de la propagacion de los coronavirus de reciente aparicion en https://www.cdc.gov/ coronavirus/2019-ncov/about/transmission-sp.html.
1Cuales son los sintomas del COVID-19?
Los pacientes con COVID-19 han tenido enfermedad respiratoria de leve a grave con los siguientes sintomas:
• fiebre
• tos
• dificultad para respirar
iCuales son las complicaciones graves provocadas por este virus?
Algunos pacientes presentan neumonia en ambos pulmones, insuficiencia de multiples organos y algunos han muerto.

IQue puedo hacer para ayudar a protegerme?
Las personas se pueden proteger de las enfermedades respiratorias tomando medidas preventives cotidianas.
• Evite el contacto cercano con personas enfermas.
• Evite tocarse los ojos, la nariz y la boca con las manos sin laver.
• Lavese frecuentemente las manos con ague y jabon por al menos 20 segundos. Use un desinfectante de manos que contenga al menos un 60 % de alcohol si no hay agua y jabon disponibles.
Si esta enfermo, para prevenir la propagacion de la enfermedad respiratoria a los demas, deberia hacer lo siguiente:
• Quedarse en casa si esta enfermo.
• Cubrirse la nariz y la boca con un pariuelo desechable al toser o estornudar y luego botarlo a la basura.
• Limpiar y desinfectar los objetos y las superficies que se tocan frecuentemente.
iQue debo hacer si he regresado recientemente de un viaje a un area con propagacion en curso del COVID-19?
Si ha llegado de viaje proveniente de un area afectada, podrian indicarle que no salga de casa por hasta 2 semanas. Si presenta sintomas durante ese periodo (fiebre, tos, dificultad para respirar), consulte a un medico. Llame al consultorio de su proveedor de atencion medica antes de it y digales sobre su viaje y sus sintomas. Ellos le daran instrucciones sobre coma conseguir atencion medica sin exponer a los dernas a su enfermedad. Mientras este enfermo, evite el contacto con otras personas, no salga y postergue cualquier viaje para reducir la posibilidad de propagar la enfermedad a los dernas.
iHay alguna vacuna?
En la actualidad no existe una vacuna que proteja contra el COVID-19. La mejor manera de prevenir infecciones es tomar medidas preventives cotidianas, como evitar el contacto cercano con personas enfermas y lavarse las manos con frecuencia.
LExiste un tratamiento?
No hay un tratamiento antiviral especifico para el COVID-19. Las personas con el COVID-19 pueden buscar atencion medica para ayudar a aliviar los sintomas.

• P; ner nns inforniack.in: WW w.cdc.gov/COVID1 9-es

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 1 of 61 Page ID #:5337
EXHIBIT 2
to Declaration of David Van Pelt

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 2 of 61 Page ID #:5338

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 AKERMAN LLP

MICHAEL L. GALLION (SBN 189128)

2 DAVID VAN PELT (SBN 163690)

ASHLEY BOBO (SBN 312714)

3 601 West Fifth Street, Suite 300

Los Angeles, California 90071

4 Telephone: (213) 688-9500

Facsimile: (213) 627-6342

5 Email: michael.gallion@akerman.com

david.vanpelt@akerman.com

6

ashley.bobo@akerman.com

7 COLIN L. BARNACLE (admitted pro hac vice)

ADRIENNE SCHEFFEY (admitted pro hac vice)

8 ASHLEY E. CALHOUN (SBN 270530)

1900 Sixteenth Street, Suite 1700

9 Denver, Colorado 80202

Telephone: (303) 260-7712

10 Facsimile: (303) 260-7714

Email: colin.barnacle@akerman.com

11

adrienne.scheffey@akerman.com

ashley.calhoun@akerman.com

12

Attorneys for Defendant

13 THE GEO GROUP, INC.

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

16 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and
17 RAMON MANCIA, individually and on 18 behalf of all others similarly situated,

Case No. 5:17-cv-02514-JGB-SHKx Assigned to Hon. Jesus G. Bernal

19 vs.

Plaintiff,

20 THE GEO GROUP, INC.,

21 Defendant.
22 THE GEO GROUP, INC.,

23 24 vs.

Counter-Claimant,

DECLARATION OF DAWN CEJA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.’S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

25

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and

26

RAMON MANCIA, individually and on behalf of all others similarly situated,

27 Counter-Defendant.

28

52637992;1

1

CASE NO. 5:17-CV-02514-JGB-SHKX

DECLARATION OF DAWN CEJA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 3 of 61 Page ID #:5339

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1

DECLARATION OF DAWN CEJA

2

I, Dawn Ceja, hereby declare:

3

1. I am the Assistant Facility Administrator at the Aurora ICE Processing

4 Center (“Aurora Facility” or “GEO”). I am over the age of eighteen (18), and I am

5 competent to testify in this matter. My statement is based upon my personal

6 knowledge, and my education, training, and experience.

7

1. The Aurora Facility has implemented rigorous processes to avoid the

8 exposure of the detainee population to COVID-19 and to ensure that procedures are put

9 in place to avoid the spread of COVID-19 in the event that COVID-19 were to be

10 introduced to the Aurora Facility.

11

2. Attached as Exhibit A is a true and correct copy of the Center for Disease

12 Control and Prevention (“CDC”) Interim Guidance on Management of Coronavirus

13 Disease 2019 (COVID-19) in Correctional and Detention Facilities. GEO utilized this

14 guidance to educate its personnel and detainees at the Aurora Facility about COVID-

15 19. GEO further utilized this guidance to develop its policies and practices for

16 addressing COVID-19. My declaration below provides some specifics about GEO’s

17 implementation of the guidelines at Aurora Facility. I have not attempted to describe in

18 totality each and every action taken by the facilities and GEO staff to implement the

19 guidelines or any other precautions, nor could I do so within the limitations of a

20 publicly filed declaration. However, I hope to convey to the Court that GEO is being

21 proactive and is taking COVID-19 seriously to reduce the risk of infection.

22

3. The health, safety, and well-being of detainees at Aurora Facility

23 correlates with the health, safety, and well-being of GEO staff, GEO administration,

24 and our families. Our interests are aligned with respect to mitigation strategies to slow

25 the spread of the coronavirus and resulting infections of COVID-19.

26

4. To date, a number of detainees have been tested in the facility, all of

27 whom have tested negative for COVID-19. There is no confirmed case of COVID-19

28

52637992;1

2

CASE NO. 5:17-CV-02514-JGB-SHKX

DECLARATION OF DAWN CEJA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 4 of 61 Page ID #:5340

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 within the Aurora Facility. Any detainee who meets the CDC criteria for testing, who

2 is presenting a fever but has tested negative for the flu and strep, or who is otherwise

3 recommended for testing by a medical professional is and will be tested.

4

5. GEO has held multiple town hall meetings for detainees, since the

5 beginning of March about COVID-19. These meetings include medical professionals

6 who answer detainees’ questions about COVID-19 and keep detainees aware of the

7 ongoing situation.

8

6. As with all others across the country, we are continuing to evolve our

9 practices as we learn more about COVID-19. We continue to implement

10 supplementary safety measures, in addition to those listed below, as information

11 becomes available.

12

Social Distancing and Access Limitations

13

7. The Aurora Facility has implemented a number of limitations, in

14 connection with ICE, to reduce the introduction of any outside sources of

15 contamination into the facility.

16

8. Limited Visitation: ICE has temporarily stopped all in-person visitation

17 for detainees and their family and friends with the exception of detainees’ attorney

18 visits. Attorneys who wish to enter the building must wear Personal Protective

19 Equipment (“PPE”) including a surgical mask, goggles, and gloves. Otherwise, all

20 visits are restricted to videoconferencing on tablets that are provided to detainees.

21

9. Anyone Entering the Aurora Facility: Any individual who enters the

22 facility must first complete a screening questionnaire to determine whether the

23 individual has a likelihood of exposure to COVID-19. This includes all GEO staff,

24 medical staff, and other regular personnel within the building, as well as those who

25 arrive for purposes of attending proceedings at the immigration court within the Aurora

26 Facility. Thereafter, GEO staff take the temperature of employees before entry.

27 Anyone who presents with a fever must return home until cleared by a medical

28

52637992;1

3

CASE NO. 5:17-CV-02514-JGB-SHKX

DECLARATION OF DAWN CEJA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 5 of 61 Page ID #:5341

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 professional. Staff are not permitted to work when they are sick and are advised to stay

2 home if they develop symptoms of COVID-19 or come into contact with someone who

3 has been exposed. All staff who are potentially exposed have been instructed to follow

4 CDC guidelines for self isolation and medical care.

5

10. Incoming Detainees: The Aurora Facility has also placed restrictions on

6 any new detainees who arrive at the facility for detention. All detainees are screened

7 for COVID-19 exposure prior to entering the building. After a medical professional

8 confirms that there are no clinical signs of COVID-19, and that their travel history does

9 not raise significant concerns of exposure, each incoming detainee must undergo a

10 minimum of a fourteen-day waiting period before being housed in a housing unit with

11 current detainees. This procedure allows GEO to address concerns that new individuals

12 who are asymptomatic may be carrying COVID-19. During this period, new detainees

13 are regularly checked by medical professionals for new symptoms. If a detainee were

14 to present concerns of exposure to COVID-19 either because of his or her travel

15 history or because of his or her symptoms, the detainee would be placed in a negative

16 pressure medical holding cell, or alternatively, would be denied access to the facility.

17

11. Social Distancing within Living Units: GEO has opened all units to

18 provide for additional space for each detainee in his or her living unit. As a result, the

19 current population in each pod or dorm is approximately half of the total capacity of

20 each unit. Further, for those detainees in pod-style housing units, detainees’ cells,

21 where they sleep, have been reduced so that no more than two detainees share a cell at

22 a single time, allowing for six feet of distance between detainees while sleeping. For

23 detainees who are in dorm-style housing, detainees are housed with ample space

24 between them at half or less than half of capacity. Access to common areas with

25 television and game access has been limited to no more than 20 detainees at a time.

26 Prior to COVID-19, those same areas would be typically occupied by 50 or more

27 detainees.

28

52637992;1

4

CASE NO. 5:17-CV-02514-JGB-SHKX

DECLARATION OF DAWN CEJA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 6 of 61 Page ID #:5342

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1

12. Social Distancing for Other Activities: GEO has temporarily ended all

2 visits from volunteers to reduce the exposure to outside pathogens. Detainees may still

3 use the law library, but social distancing is practiced by limiting the number of

4 individuals in the law library at any one time. Detainees may still engage in

5 recreational activities, but the number of individuals engaged at a time is limited to a

6 number whereby six (6) feet of distance can be maintained between each detainee.

7 Further, all equipment is cleaned and disinfected between each use.

8

Enhanced Hygiene Practices

9

13. Supplies: I have assessed GEO’s stock of soap and cleaning supplies and

10 all supplies are stocked and not at risk of depleting in the near future. Further, there are

11 adequate supplies to provide hand sanitizer throughout the hallways in the facility. I

12 have a plan in place to keep supply stocks replenished as needed. GEO uses EPA

13 approved cleaning products that have been demonstrated to be effective against the

14 coronavirus, more specifically GS Neutral Disinfectant Cleaner from Spartan Chemical

15 which appears on “List N” of the EPA’s approved list of cleaners. That list can be

16 accessed here: https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-

17 against-sars-cov-2. The Aurora Facility currently has an ample supply of this cleaning

18 product, which is used to disinfect all hard surfaces.

19

14. Intensified Cleaning. GEO has implemented intensified cleaning of

20 surfaces and objects that are frequently touched, especially in common areas. GEO

21 staff to ensure that all hard surfaces are wiped down with frequency, including tables,

22 doorknobs, telephones. GEO uses EPA-registered disinfectants that are represented to

23 be effective against the virus that causes COVID - 19. GEO is not diluting disinfectants

24 below effective levels. GEO has gloves for use with cleaning. Cleanings occur

25 throughout the day multiple times.

26

15. Reinforced Hygiene: GEO has reinforced healthy Hygiene practices and

27 has made supplied available to encourage safe hygiene practices. GEO plays a video

28

52637992;1

5

CASE NO. 5:17-CV-02514-JGB-SHKX

DECLARATION OF DAWN CEJA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 7 of 61 Page ID #:5343

1 on a loop in all housing areas that demonstrates the proper handwashing technique.

2 GEO has also made the information attached as Exhibit B available to all detainees.

3

16. Staff PPE Use: GEO has also been able to obtain PPE or staff use. Each

4 GEO staff member receives three surgical masks per week and instructions for use of

5 the same.

6

Donald "Abby" Frazer

7

17. I have also reviewed the declaration of Ms. Frazer submitted in

8 connection with Plaintiffs' request for a TRO.

9

18. I am familiar with Ms. Frazer and her time at the Aurora facility.

10

19. At all times while detained at the Aurora Facility, Ms. Frazer had access

11 to and a plentiful supply of soap and cleaning supplies.

12
WON e704:,

ra

wF-i1` 0

1`'-‘
k

13

LI' 14

u

C4 0, 15

20. The dormitory where Ms. Frazer was housed with 10 other detainees is subject to the Aurora Facility's social distancing measures as typically, that dorm houses up to 24 individuals.
21. The incident described by Ms. Frazer about a detainee who became ill, to

Lk; )
-LWE- 17 18

the best of my knowledge based upon Ms. Frazer's description, involved a detainee who tested positive for the flu and was medically quarantined.
22. No detainees tested positive for COVID-19 during Ms. Frazer's stay and

19 have not tested positive to date.

20

23. Ms. Frazer was released from the facility for humanitarian reasons on

21 March 23, 2020.

22

I declare under penalty of perjury under the laws of the United States of America

23 that the foregoing is true and correct and that I executed this Declaration on the 7th day

24 of April, 2020, in Aurora, Colorado.

25

6

26

awn Ceja, Decl an

27

28

52637992;1

6

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF DAWN CEJA IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTS APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 8 of 61 Page ID #:5344
EXHIBIT A
to Declaration of Dawn Ceja

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 9 of 61 Page ID #:5345
Centers for Disease Control and Prevention
Coronavirus Disease 2019 (COVID-19)
Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities
This interim guidance is based on what is currently known about the transmission and severity of coronavirus disease 2019 (COVID-19) as of the date of posting, March 23, 2020.
The US Centers for Disease Control and Prevention (CDC) will update this guidance as needed and as additional information becomes available. Please check the CDC website periodically for updated interim guidance.
This document provides interim guidance specific for correctional facilities and detention centers during the outbreak of COVID-19, to ensure continuation of essential public services and protection of the health and safety of incarcerated and detained persons, staff, and visitors. Recommendations may need to be revised as more information becomes available.
Who is the intended audience for this guidance?
This document is intended to provide guiding principles for healthcare and non-healthcare administrators of correctional and detention facilities (including but not limited to federal and state prisons, local jails, and detention centers), law enforcement agencies that have custodial authority for detained populations (i.e., US Immigration and Customs Enforcement and US Marshals Service), and their respective health departments, to assist in preparing for potential introduction, spread, and mitigation of COVID-19 in their facilities. In general, the document uses terminology referring to correctional environments but can also be applied to civil and pre-trial detention settings.
This guidance will not necessarily address every possible custodial setting and may not use legal terminology specific to individual agencies' authorities or processes. The guidance may need to be adapted based on individual facilities' physical space, staffing, population, operations, and other resources and conditions. Facilities should contact CDC or their state, local, territorial, and/or tribal public health department if they need assistance in applying these principles or addressing topics that are not specifically covered in this guidance.
Why is this guidance being issued?
Correctional and detention facilities can include custody, housing, education, recreation, healthcare, food service, and workplace components in a single physical setting. The integration of these components presents unique challenges for control of COVID-19 transmission among incarcerated/detained persons, staff, and visitors. Consistent application of specific preparation, prevention, and management measures can help reduce the risk of transmission and severe disease from COVID-19.

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 1 of 26

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 10 of 61 Page ID #:5346
• Incarcerated/detained persons live, work, eat, study, and recreate within congregate environments, heightening the potential for COVID-19 to spread once introduced.
• In most cases, incarcerated/detained persons are not permitted to leave the facility. • There are many opportunities for COVID-19 to be introduced into a correctional or detention facility, including daily
staff ingress and egress; transfer of incarcerated/detained persons between facilities and systems, to court appearances, and to outside medical visits; and visits from family, legal representatives, and other community members. Some settings, particularly jails and detention centers, have high turnover, admitting new entrants daily who may have been exposed to COVID-19 in the surrounding community or other regions. • Persons incarcerated/detained in a particular facility often come from a variety of locations, increasing the potential to introduce COVID-19 from different geographic areas. • Options for medical isolation of COVID-19 cases are limited and vary depending on the type and size of facility, as well as the current level of available capacity, which is partly based on medical isolation needs for other conditions. • Adequate levels of custody and healthcare staffing must be maintained to ensure safe operation of the facility, and options to practice social distancing through work alternatives such as working from home or reduced/alternate schedules are limited for many staff roles. • Correctional and detention facilities can be complex, multi-employer settings that include government and private employers. Each is organizationally distinct and responsible for its own operational, personnel, and occupational health protocols and may be prohibited from issuing guidance or providing services to other employers or their staff within the same setting. Similarly, correctional and detention facilities may house individuals from multiple law enforcement agencies or jurisdictions subject to different policies and procedures. • Incarcerated/detained persons and staff may have medical conditions that increase their risk of severe disease from COVID-19.
• Because limited outside information is available to many incarcerated/detained persons, unease and misinformation regarding the potential for COVID-19 spread may be high, potentially creating security and morale challenges.
• The ability of incarcerated/detained persons to exercise disease prevention measures (e.g., frequent handwashing) may be limited and is determined by the supplies provided in the facility and by security considerations. Many facilities restrict access to soap and paper towels and prohibit alcohol-based hand sanitizer and many disinfectants.
• Incarcerated persons may hesitate to report symptoms of COVID-19 or seek medical care due to co-pay requirements and fear of isolation.
CDC has issued separate COVID-19 guidance addressing healthcare infection control and clinical care of COVID-19 cases as well as close contacts of cases in community-based settings. Where relevant, community-focused guidance documents are referenced in this document and should be monitored regularly for updates, but they may require adaptation for correctional and detention settings.
This guidance document provides additional recommended best practices specifically for correctional and detention facilities. At this time, different facility types (e.g., prison vs. jail) and sizes are not differentiated. Administrators and agencies should adapt these guiding principles to the specific needs of their facility.
What topics does this guidance include?
The guidance below includes detailed recommendations on the following topics related to COVID-19 in correctional and detention settings:

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 2 of 26

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 11 of 61 Page ID #:5347
• Operational and communications preparations for COVID-19 • Enhanced cleaning/disinfecting and hygiene practices • Social distancing strategies to increase space between individuals in the facility • How to limit transmission from visitors • Infection control, including recommended personal protective equipment (PPE) and potential alternatives during
PPE shortages • Verbal screening and temperature check protocols for incoming incarcerated/detained individuals, staff, and visitors • Medical isolation of confirmed and suspected cases and quarantine of contacts, including considerations for
cohorting when individual spaces are limited • Healthcare evaluation for suspected cases, including testing for COVID-19 • Clinical care for confirmed and suspected cases • Considerations for persons at higher risk of severe disease from COVID-19
Definitions of Commonly Used Terms
Close contact of a COVID-19 case - In the context of COVID-19, an individual is considered a close contact if they a) have been within approximately 6 feet of a COVID-19 case for a prolonged period of time or b) have had direct contact with infectious secretions from a COVID-19 case (e.g., have been coughed on). Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID-19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
Cohorting - Cohorting refers to the practice of isolating multiple laboratory-confirmed COVID-19 cases together as a group, or quarantining close contacts of a particular case together as a group. Ideally, cases should be isolated individually, and close contacts should be quarantined individually. However, some correctional facilities and detention centers do not have enough individual cells to do so and must consider cohorting as an alternative. See Quarantine and Medical Isolation sections below for specific details about ways to implement cohorting to minimize the risk of disease spread and adverse health outcomes.
Community transmission of COVID-19 - Community transmission of COVID-19 occurs when individuals acquire the disease through contact with someone in their local community, rather than through travel to an affected location. Once community transmission is identified in a particular area, correctional facilities and detention centers are more likely to start seeing cases inside their walls. Facilities should consult with local public health departments if assistance is needed in determining how to define "local community" in the context of COVID-19 spread. However, because all states have reported cases, all facilities should be vigilant for introduction into their populations.
Confirmed vs. Suspected COVID-19 case - A confirmed case has received a positive result from a COVID-19 laboratory test, with or without symptoms. A suspected case shows symptoms of COVID-19 but either has not been tested or is awaiting test results. If test results are positive, a suspected case becomes a confirmed case.
Incarcerated/detained persons - For the purpose of this document, "incarcerated/detained persons" refers to persons held in a prison, jail, detention center, or other custodial setting where these guidelines are generally applicable. The term includes those who have been sentenced (i.e., in prisons) as well as those held for pre-trial (i.e., jails) or civil purposes (i.e,

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

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Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 12 of 61 Page ID #:5348
detention centers). Although this guidance does not specifically reference individuals in every type of custodial setting (e.g., juvenile facilities, community confinement facilities), facility administrators can adapt this guidance to apply to their specific circumstances as needed.
Medical Isolation - Medical isolation refers to confining a confirmed or suspected COVID-19 case (ideally to a single cell with solid walls and a solid door that closes), to prevent contact with others and to reduce the risk of transmission. Medical isolation ends when the individual meets pre-established clinical and/or testing criteria for release from isolation, in consultation with clinical providers and public health officials (detailed in guidance below). In this context, isolation does NOT refer to punitive isolation for behavioral infractions within the custodial setting. Staff are encouraged to use the term "medical isolation" to avoid confusion.
Quarantine - Quarantine refers to the practice of confining individuals who have had close contact with a COVID-19 case to determine whether they develop symptoms of the disease. Quarantine for COVID-19 should last for a period of 14 days. Ideally, each quarantined individual would be quarantined in a single cell with solid walls and a solid door that closes. If symptoms develop during the 14-day period, the individual should be placed under medical isolation and evaluated for COVID-19. If symptoms do not develop, movement restrictions can be lifted, and the individual can return to their previous residency status within the facility.
Social Distancing - Social distancing is the practice of increasing the space between individuals and decreasing the frequency of contact to reduce the risk of spreading a disease (ideally to maintain at least 6 feet between all individuals, even those who are asymptomatic). Social distancing strategies can be applied on an individual level (e.g., avoiding physical contact), a group level (e.g., canceling group activities where individuals will be in close contact), and an operational level (e.g., rearranging chairs in the dining hall to increase distance between them). Although social distancing is challenging to practice in correctional and detention environments, it is a cornerstone of reducing transmission of respiratory diseases such as COVID-19. Additional information about social distancing, including information on its use to reduce the spread of other viral illnesses, is available in this CDC publication El .
Staff - In this document, "staff" refers to all public sector employees as well as those working for a private contractor within a correctional facility (e.g., private healthcare or food service). Except where noted, "staff' does not distinguish between healthcare, custody, and other types of staff including private facility operators.
Symptoms - Symptoms of COVID-19 include fever, cough, and shortness of breath. Like other respiratory infections, COVID-19 can vary in severity from mild to severe. When severe, pneumonia, respiratory failure, and death are possible. COVID-19 is a novel disease, therefore the full range of signs and symptoms, the clinical course of the disease, and the individuals and populations most at risk for disease and complications are not yet fully understood. Monitor the CDC website for updates on these topics.
Facilities with Limited Onsite Healthcare Services
Although many large facilities such as prisons and some jails usually employ onsite healthcare staff and have the capacity to evaluate incarcerated/detained persons for potential illness within a dedicated healthcare space, many smaller facilities do not. Some of these facilities have access to on-call healthcare staff or providers who visit the facility every few days. Others have neither onsite healthcare capacity nor onsite medical isolation/quarantine space and must transfer ill patients to other correctional or detention facilities or local hospitals for evaluation and care.

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The majority of the guidance below is designed to be applied to any correctional or detention facility, either as written or with modifications based on a facility's individual structure and resources. However, topics related to healthcare evaluation and clinical care of confirmed and suspected COVID-19 cases and their close contacts may not apply directly to facilities with limited or no onsite healthcare services. It will be especially important for these types of facilities to coordinate closely with their state, local, tribal, and/or territorial health department when they encounter confirmed or suspected cases among incarcerated/detained persons or staff, in order to ensure effective medical isolation and quarantine, necessary medical evaluation and care, and medical transfer if needed. The guidance makes note of strategies tailored to facilities without onsite healthcare where possible.
Note that all staff in any sized facility, regardless of the presence of onsite healthcare services, should observe guidance on recommended PPE in order to ensure their own safety when interacting with confirmed and suspected COVID-19 cases. Facilities should make contingency plans for the likely event of PPE shortages during the COVID-19 pandemic.
COVID-19 Guidance for Correctional Facilities
Guidance for correctional and detention facilities is organized into 3 sections: Operational Preparedness, Prevention, and Management of COVID-19. Recommendations across these sections can be applied simultaneously based on the progress of the outbreak in a particular facility and the surrounding community.
• Operational Preparedness. This guidance is intended to help facilities prepare for potential COVID-19 transmission in the facility. Strategies focus on operational and communications planning and personnel practices.
• Prevention. This guidance is intended to help facilities prevent spread of COVID-19 from outside the facility to inside. Strategies focus on reinforcing hygiene practices, intensifying cleaning and disinfection of the facility, screening (new intakes, visitors, and staff), continued communication with incarcerated/detained persons and staff, and social distancing measures (increasing distance between individuals).
• Management. This guidance is intended to help facilities clinically manage confirmed and suspected COVID-19 cases inside the facility and prevent further transmission. Strategies include medical isolation and care of incarcerated/detained persons with symptoms (including considerations for cohorting), quarantine of cases' close contacts, restricting movement in and out of the facility, infection control practices for individuals interacting with cases and quarantined contacts or contaminated items, intensified social distancing, and cleaning and disinfecting areas visited by cases.
Operational Preparedness
Administrators can plan and prepare for COVID-19 by ensuring that all persons in the facility know the symptoms of COVID-19 and how to respond if they develop symptoms. Other essential actions include developing contingency plans for reduced workforces due to absences, coordinating with public health and correctional partners, and communicating clearly with staff and incarcerated/detained persons about these preparations and how they may temporarily alter daily life.
Communication & Coordination
• Develop information-sharing systems with partners. o Identify points of contact in relevant state, local, tribal, and/or territorial public health departments before cases develop. Actively engage with the health department to understand in advance which entity has jurisdiction to implement public health control measures for COVID-19 in a particular correctional or detention

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facility. o Create and test communications plans to disseminate critical information to incarcerated/detained persons,
staff, contractors, vendors, and visitors as the pandemic progresses. o Communicate with other correctional facilities in the same geographic area to share information including
disease surveillance and absenteeism patterns among staff. o Where possible, put plans in place with other jurisdictions to prevent confirmed and suspected COVID-19 cases
and their close contacts from being transferred between jurisdictions and facilities unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding. o Stay informed about updates to CDC guidance via the CDC COVID-19 website as more information becomes known.
• Review existing pandemic flu, all-hazards, and disaster plans, and revise for COVID-19. o Ensure that physical locations (dedicated housing areas and bathrooms) have been identified to isolate confirmed COVID-19 cases and individuals displaying COVID-19 symptoms, and to quarantine known close contacts of cases. (Medical isolation and quarantine locations should be separate). The plan should include contingencies for multiple locations if numerous cases and/or contacts are identified and require medical isolation or quarantine simultaneously. See Medical Isolation and Quarantine sections below for details regarding individual medical isolation and quarantine locations (preferred) vs. cohorting.
o Facilities without onsite healthcare capacity should make a plan for how they will ensure that suspected COVID19 cases will be isolated, evaluated, tested (if indicated), and provided necessary medical care.
o Make a list of possible social distancing strategies that could be implemented as needed at different stages of transmission intensity.
o Designate officials who will be authorized to make decisions about escalating or de-escalating response efforts as the epidemiologic context changes.
• Coordinate with local law enforcement and court officials. o Identify lawful alternatives to in-person court appearances, such as virtual court, as a social distancing measure to reduce the risk of COVID-19 transmission. o Explore strategies to prevent over-crowding of correctional and detention facilities during a community outbreak.
• Post signage throughout the facility communicating the following: o For all: symptoms of COVID-19 and hand hygiene instructions o For incarcerated/detained persons: report symptoms to staff o For staff: stay at home when sick; if symptoms develop while on duty, leave the facility as soon as possible and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms including self-isolating at home, contacting their healthcare provider as soon as possible to determine whether they need to be evaluated and tested, and contacting their supervisor. o Ensure that signage is understandable for non-English speaking persons and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision.
Personnel Practices
• Review the sick leave policies of each employer that operates in the facility.

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o Review policies to ensure that they actively encourage staff to stay home when sick. o If these policies do not encourage staff to stay home when sick, discuss with the contract company. o Determine which officials will have the authority to send symptomatic staff home.
• Identify staff whose duties would allow them to work from home. Where possible, allowing staff to work from home can be an effective social distancing strategy to reduce the risk of COVID-19 transmission. o Discuss work from home options with these staff and determine whether they have the supplies and technological equipment required to do so. o put systems in place to implement work from home programs (e.g., time tracking, etc.).
• Plan for staff absences. Staff should stay home when they are sick, or they may need to stay home to care for a sick household member or care for children in the event of school and childcare dismissals. o Allow staff to work from home when possible, within the scope of their duties. o Identify critical job functions and plan for alternative coverage by cross-training staff where possible. o Determine minimum levels of staff in all categories required for the facility to function safely. If possible, develop a plan to secure additional staff if absenteeism due to COVID-19 threatens to bring staffing to minimum levels. o Consider increasing keep on person (KOP) medication orders to cover 30 days in case of healthcare staff shortages.
• Consider offering revised duties to staff who are at higher risk of severe illness with COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions including lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue. o Facility administrators should consult with their occupational health providers to determine whether it would be allowable to reassign duties for specific staff members to reduce their likelihood of exposure to COVID-19.
• Offer the seasonal influenza vaccine to all incarcerated/detained persons (existing population and new intakes) and staff throughout the influenza season. Symptoms of COVID-19 are similar to those of influenza. Preventing influenza cases in a facility can speed the detection of COVID-19 cases and reduce pressure on healthcare resources.
• Reference the Occupational Safety and Health Administration website Cl for recommendations regarding worker health.
• Review CDC's guidance for businesses and employers to identify any additional strategies the facility can use within its role as an employer.
Operations & Supplies
• Ensure that sufficient stocks of hygiene supplies, cleaning supplies, PPE, and medical supplies (consistent with the healthcare capabilities of the facility) are on hand and available, and have a plan in place to restock as needed if COVID-19 transmission occurs within the facility. o Standard medical supplies for daily clinic needs o Tissues o Liquid soap when possible. If bar soap must be used, ensure that it does not irritate the skin and thereby

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discourage frequent hand washing. o Hand drying supplies o Alcohol-based hand sanitizer containing at least 60% alcohol (where permissible based on security restrictions)
o Cleaning supplies, including EPA-registered disinfectants effective against the virus that causes COVID-19 El o Recommended PPE (facemasks, N95 respirators, eye protection, disposable medical gloves, and disposable
gowns/one-piece coveralls). See PPE section and Table 1 for more detailed information, including recommendations for extending the life of all PPE categories in the event of shortages, and when face masks are acceptable alternatives to N95s. Visit CDC's website for a calculator to help determine rate of PPE usage. o Sterile viral transport media and sterile swabs to collect nasopharyngeal specimens if COVID-19 testing is indicated
• Make contingency plans for the probable event of PPE shortages during the COVID-19 pandemic, particularly for non-healthcare workers. o See CDC guidance optimizing PPE supplies.
• Consider relaxing restrictions on allowing alcohol-based hand sanitizer in the secure setting where security concerns allow. If soap and water are not available, CDC recommends cleaning hands with an alcoholbased hand sanitizer that contains at least 60% alcohol. Consider allowing staff to carry individual-sized bottles for their personal hand hygiene while on duty.
• Provide a no-cost supply of soap to incarcerated/detained persons, sufficient to allow frequent_ hand washing. (See Hygiene section below for additional detail regarding recommended frequency and protocol for hand washing.) o Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin and thereby discourage frequent hand washing.
• If not already in place, employers operating within the facility should establish a respiratory protection program as appropriate, to ensure that staff and incarcerated/detained persons are fit tested for any respiratory protection they will need within the scope of their responsibilities.
• Ensure that staff and incarcerated/detained persons are trained to correctly don, doff, and dispose of PPE that they will need to use within the scope of their responsibilities. See Table 1 for recommended PPE for incarcerated/detained persons and staff with varying levels of contact with COVID-19 cases or their close contacts.
Prevention
Cases of COVID-19 have been documented in all 50 US states. Correctional and detention facilities can prevent introduction of COVID-19 from the community and reduce transmission if it is already inside by reinforcing good hygiene practices among incarcerated/detained persons, staff, and visitors (including increasing access to soap and paper towels), intensifying cleaning/disinfection practices, and implementing social distancing strategies.
Because many individuals infected with COVID-19 do not display symptoms, the virus could be present in facilities before cases are identified. Both good hygiene practices and social distancing are critical in preventing further transmission.
Operations

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• Stay in communication with partners about your facility's current situation. o State, local, territorial, and/or tribal health departments o Other correctional facilities
• Communicate with the public about any changes to facility operations, including visitation programs. • Restrict transfers of incarcerated/detained persons to and from other jurisdictions and facilities unless
necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding.
o Strongly consider postponing non-urgent outside medical visits.
o If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case - including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to properly isolate the individual upon arrival. Ensure that staff transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
• Implement lawful alternatives to in-person court appearances where permissible.
• Where relevant, consider suspending co-pays for incarcerated/detained persons seeking medical evaluation for respiratory symptoms.
• Limit the number of operational entrances and exits to the facility.
Cleaning and Disinfecting Practices
• Even if COVID-19 cases have not yet been identified inside the facility or in the surrounding community, begin implementing intensified cleaning and disinfecting procedures according to the recommendations below. These measures may prevent spread of COVID-19 if introduced.
• Adhere to CDC recommendations for cleaning and disinfection during the COVID-19 response. Monitor these recommendations for updates. o several times per day, clean and disinfect surfaces and objects that are frequently touched, especially in common areas. Such surfaces may include objects/surfaces not ordinarily cleaned daily (e.g., doorknobs, light switches, sink handles, countertops, toilets, toilet handles, recreation equipment, kiosks, and telephones). o Staff should clean shared equipment several times per day and on a conclusion of use basis (e.g., radios, service weapons, keys, handcuffs).
o Use household cleaners and EPA-registered disinfectants effective against the virus that causes COVID-19 Cl
as appropriate for the surface, following label instructions. This may require lifting restrictions on undiluted disinfectants. o Labels contain instructions for safe and effective use of the cleaning product, including precautions that should be taken when applying the product, such as wearing gloves and making sure there is good ventilation during use • Consider increasing the number of staff and/or incarcerated/detained persons trained and responsible for cleaning common areas to ensure continual cleaning of these areas throughout the day. • Ensure adequate supplies to support intensified cleaning and disinfection practices, and have a plan in place to restock rapidly if needed.

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Hygiene
• Reinforce healthy hygiene practices, and provide and continually restock hygiene supplies throughout the facility, including in bathrooms, food preparation and dining areas, intake areas, visitor entries and exits, visitation rooms and waiting rooms, common areas, medical, and staff-restricted areas (e.g., break rooms).
• Encourage all persons in the facility to take the following actions to protect themselves and others from COVID-19. Post signage throughout the facility, and communicate this information verbally on a regular basis. Sample signage and other communications materials are available on the CDC website. Ensure that materials can be understood by non-English speakers and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision. o Practice good cough etiquette: Cover your mouth and nose with your elbow (or ideally with a tissue) rather than with your hand when you cough or sneeze, and throw all tissues in the trash immediately after use. o Practice good hand hygiene: Regularly wash your hands with soap and water for at least 20 seconds, especially after coughing, sneezing, or blowing your nose; after using the bathroom; before eating or preparing food; before taking medication; and after touching garbage. o Avoid touching your eyes, nose, or mouth without cleaning your hands first.
o Avoid sharing eating utensils, dishes, and cups. o Avoid non-essential physical contact.
• Provide incarcerated/detained persons and staff no-cost access to: o Soap - Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin, as this would discourage frequent hand washing. o Running water, and hand drying machines or disposable paper towels for hand washing o Tissues and no-touch trash receptacles for disposal
• Provide alcohol-based hand sanitizer with at least 60% alcohol where permissible based on security restrictions. Consider allowing staff to carry individual-sized bottles to maintain hand hygiene.
• Communicate that sharing drugs and drug preparation equipment can spread COVID-19 due to potential contamination of shared items and close contact between individuals.
Prevention Practices for Incarcerated/Detained Persons
• Perform pre-intake screening and temperature checks for all new entrants. Screening should take place in the sallyport, before beginning the intake process, in order to identify and immediately place individuals with symptoms under medical isolation. See Screening section below for the wording of screening questions and a recommended procedure to safely perform a temperature check. Staff performing temperature checks should wear recommended PPE (see PPE section below). o If an individual has symptoms of COVID-19 (fever, cough, shortness of breath): ■ Require the individual to wear a face mask. ■ Ensure that staff who have direct contact with the symptomatic individual wear recommended PPE. ■ Place the individual under medical isolation (ideally in a room near the screening location, rather than transporting the ill individual through the facility), and refer to healthcare staff for further evaluation. (See Infection Control and Clinical Care sections below.) ■ Facilities without onsite healthcare staff should contact their state, local, tribal, and/or territorial health

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department to coordinate effective medical isolation and necessary medical care. o If an individual is a close contact of a known COVID-19 case (but has no COVID-19 symptoms):
• Quarantine the individual and monitor for symptoms two times per day for 14 days. (See Quarantine section below.)
■ Facilities without onsite healthcare staff should contact their state, local, tribal, and/or territorial health department to coordinate effective quarantine and necessary medical care.
• Implement social distancing strategies to increase the physical space between incarcerated/detained persons (ideally 6 feet between all individuals, regardless of the presence of symptoms). Strategies will need to be tailored to the individual space in the facility and the needs of the population and staff. Not all strategies will be feasible in all facilities. Example strategies with varying levels of intensity include: o Common areas: ■ Enforce increased space between individuals in holding cells, as well as in lines and waiting areas such as intake (e.g., remove every other chair in a waiting area)
o Recreation: ■ Choose recreation spaces where individuals can spread out ■ Stagger time in recreation spaces ■ Restrict recreation space usage to a single housing unit per space (where feasible)
o Meals: ■ Stagger meals
• Rearrange seating in the dining hall so that there is more space between individuals (e.g., remove every other chair and use only one side of the table)
■ Provide meals inside housing units or cells
o Group activities: • Limit the size of group activities
• Increase space between individuals during group activities ■ Suspend group programs where participants are likely to be in closer contact than they are in their
housing environment
■ Consider alternatives to existing group activities, in outdoor areas or other areas where individuals can spread out
o Housing: ■ If space allows, reassign bunks to provide more space between individuals, ideally 6 feet or more in all directions. (Ensure that bunks are cleaned thoroughly if assigned to a new occupant.)
■ Arrange bunks so that individuals sleep head to foot to increase the distance between them ■ Rearrange scheduled movements to minimize mixing of individuals from different housing areas
o Medical: ■ If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit. If this is not feasible, consider staggering sick call. ■ Designate a room near the intake area to evaluate new entrants who are flagged by the intake screening process for COVID-19 symptoms or case contact, before they move to other parts of the facility.
• Communicate clearly and frequently with incarcerated/detained persons about changes to their daily routine and how they can contribute to risk reduction.

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• Note that if group activities are discontinued, it will be important to identify alternative forms of activity to support the mental health of incarcerated/detained persons.
• Consider suspending work release programs and other programs that involve movement of incarcerated/detained individuals in and out of the facility.
• Provide up-to-date information about COVID-19 to incarcerated/detained persons on a regular basis, including: o Symptoms of COVID-19 and its health risks o Reminders to report COVID-19 symptoms to staff at the first sign of illness
• Consider having healthcare staff perform rounds on a regular basis to answer questions about COVID19.
Prevention Practices for Staff
• Remind staff to stay at home if they are sick. Ensure that staff are aware that they will not be able to enter the facility if they have symptoms of COVID-19, and that they will be expected to leave the facility as soon as possible if they develop symptoms while on duty.
• Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all staff daily on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks. o In very small facilities with only a few staff, consider self-monitoring or virtual monitoring (e.g., reporting to a central authority via phone). o Send staff home who do not clear the screening process, and advise them to follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
• Provide staff with up-to-date information about COVID-19 and about facility policies on a regular basis, including: o symptoms of COVID-19 and its health risks o Employers' sick leave policy o If staff develop a fever, cough, or shortness of breath while at work: immediately put on a face mask, inform supervisor, leave the facility, and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms. o If staff test positive for COVID-19: inform workplace and personal contacts immediately, and do not return to work until a decision to discontinue home medical isolation precautions is made. Monitor CDC guidance on discontinuing home isolation regularly as circumstances evolve rapidly. o If a staff member is identified as a close contact of a COVID-19 case (either within the facility or in the community): self-quarantine at home for 14 days and return to work if symptoms do not develop. If symptoms do develop, follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
• If a staff member has a confirmed COVID-19 infection, the relevant employers should inform other staff about their possible exposure to COVID-19 in the workplace, but should maintain confidentiality as required by the Americans with Disabilities Act. o Employees who are close contacts of the case should then self-monitor for symptoms (i.e., fever, cough, or shortness of breath).
• When feasible and consistent with security priorities, encourage staff to maintain a distance of 6 feet or more from an individual with respiratory symptoms while interviewing, escorting, or interacting in

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other ways.
• Ask staff to keep interactions with individuals with respiratory symptoms as brief as possible.
Prevention Practices for Visitors
• If possible, communicate with potential visitors to discourage contact visits in the interest of their own health and the health of their family members and friends inside the facility.
• Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all visitors and volunteers on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks. o Staff performing temperature checks should wear recommended PPE.
o Exclude visitors and volunteers who do not clear the screening process or who decline screening.
• Provide alcohol-based hand sanitizer with at least 60% alcohol in visitor entrances, exits, and waiting areas.
• Provide visitors and volunteers with information to prepare them for screening. o Instruct visitors to postpone their visit if they have symptoms of respiratory illness.
o If possible, inform potential visitors and volunteers before they travel to the facility that they should expect to be screened for COVID-19 (including a temperature check), and will be unable to enter the facility if they do not clear the screening process or if they decline screening.
o Display signage outside visiting areas explaining the COVID-19 screening and temperature check process. Ensure that materials are understandable for non-English speakers and those with low literacy.
• Promote non-contact visits: o Encourage incarcerated/detained persons to limit contact visits in the interest of their own health and the health of their visitors. o Consider reducing or temporarily eliminating the cost of phone calls for incarcerated/detained persons. o Consider increasing incarcerated/detained persons' telephone privileges to promote mental health and reduce exposure from direct contact with community visitors.
• Consider suspending or modifying visitation programs, if legally permissible. For example, provide access to virtual visitation options where available. o If moving to virtual visitation, clean electronic surfaces regularly. (See Cleaning guidance below for instructions on cleaning electronic surfaces.) o Inform potential visitors of changes to, or suspension of, visitation programs. o Clearly communicate any visitation program changes to incarcerated/detained persons, along with the reasons for them (including protecting their health and their family and community members' health). o If suspending contact visits, provide alternate means (e.g., phone or video visitation) for incarcerated/detained individuals to engage with legal representatives, clergy, and other individuals with whom they have legal right to consult.
NOTE: Suspending visitation would be done in the interest of incarcerated/detained persons' physical health and the health of the general public. However, visitation is important to maintain mental health. If visitation is suspended, facilities should explore alternative ways for incarcerated/detained persons to communicate with their families, friends, and other visitors in a way that is not financially burdensome for them. See above suggestions for promoting non-contact visits.

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• Restrict non-essential vendors, volunteers, and tours from entering the facility.
Management
If there has been a suspected COVID-19 case inside the facility (among incarcerated/detained persons, staff, or visitors who have recently been inside), begin implementing Management strategies while test results are pending. Essential Management strategies include placing cases and individuals with symptoms under medical isolation, quarantining their close contacts, and facilitating necessary medical care, while observing relevant infection control and environmental disinfection protocols and wearing recommended PPE.
Operations
• Implement alternate work arrangements deemed feasible in the Operational Preparedness
• Suspend all transfers of incarcerated/detained persons to and from other jurisdictions and facilities (including work release where relevant), unless necessary for medical evaluation, medical isolation/quarantine, care, extenuating security concerns, or to prevent overcrowding. o If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case - including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to appropriately isolate the individual upon arrival. Ensure that staff transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
• If possible, consider quarantining all new intakes for 14 days before they enter the facility's general population (SEPARATELY from other individuals who are quarantined due to contact with a COVID-19 case). Subsequently in this document, this practice is referred to as routine intake quarantine.
• When possible, arrange lawful alternatives to in-person court appearances.
• Incorporate screening for COVID-19 symptoms and a temperature check into release planning. o Screen all releasing individuals for COVID-19 symptoms and perform a temperature check. (See Screening section below.) ■ If an individual does not clear the screening process, follow the protocol for a suspected COVID-19 case including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. ■ If the individual is released before the recommended medical isolation period is complete, discuss release of the individual with state, local, tribal, and/or territorial health departments to ensure safe medical transport and continued shelter and medical care, as part of release planning. Make direct linkages to community resources to ensure proper medical isolation and access to medical care. ■ Before releasing an incarcerated/detained individual with COVID-19 symptoms to a community-based facility, such as a homeless shelter, contact the facility's staff to ensure adequate time for them to prepare to continue medical isolation, or contact local public health to explore alternate housing options.
• Coordinate with state, local, tribal, and/or territorial health departments. o when a COVID-19 case is suspected, work with public health to determine action. See Medical Isolation section below.
o When a COVID-19 case is suspected or confirmed, work with public health to identify close contacts who should be placed under quarantine. See Quarantine section below.

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o Facilities with limited onsite medical isolation, quarantine, and/or healthcare services should coordinate closely with state, local, tribal, and/or territorial health departments when they encounter a confirmed or suspected case, in order to ensure effective medical isolation or quarantine, necessary medical evaluation and care, and medical transfer if needed. See Facilities with Limited Onsite Healthcare Services section.
Hygiene
• Continue to ensure that hand hygiene supplies are well-stocked in all areas of the facility. (See above.) • Continue to emphasize practicing good hand hygiene and cough etiquette. (See above.)
Cleaning and Disinfecting Practices
• Continue adhering to recommended cleaning and disinfection procedures for the facility at large. (See above.)
• Reference specific cleaning and disinfection procedures for areas where a COVID-19 case has spent time (below).
Medical Isolation of Confirmed or Suspected COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without sufficient space to implement effective medical isolation, should coordinate with local public health officials to ensure that COVID-19 cases will be appropriately isolated, evaluated, tested (if indicated), and given care.
• As soon as an individual develops symptoms of COVID-19, they should wear a face mask (if it does not restrict breathing) and should be immediately placed under medical isolation in a separate environment from other individuals.
• Keep the individual's movement outside the medical isolation space to an absolute minimum. o Provide medical care to cases inside the medical isolation space. See Infection Control and Clinical Care sections for additional details. o Serve meals to cases inside the medical isolation space. o Exclude the individual from all group activities. o Assign the isolated individual a dedicated bathroom when possible.
• Ensure that the individual is wearing a face mask at all times when outside of the medical isolation space, and whenever another individual enters. Provide clean masks as needed. Masks should be changed at least daily, and when visibly soiled or wet.
• Facilities should make every possible effort to place suspected and confirmed COVID-19 cases under medical isolation individually. Each isolated individual should be assigned their own housing space and bathroom where possible. Cohorting should only be practiced if there are no other available options. o If cohorting is necessary: s Only individuals who are laboratory confirmed COVID-19 cases should be placed under medical isolation as a cohort. Do not cohort confirmed cases with suspected cases or case contacts. ■ Unless no other options exist, do not house COVID-19 cases with individuals who have an undiagnosed respiratory infection.

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■ Ensure that cohorted cases wear face masks at all times. o In order of preference, individuals under medical isolation should be housed:
■ Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully ■ Separately, in single cells with solid walls but without solid doors ■ As a cohort, in a large, well-ventilated cell with solid walls and a solid door that closes fully. Employ social
distancing strategies related to housing in the Prevention section above. ■ As a cohort, in a large, well-ventilated cell with solid walls but without a solid door. Employ social
distancing strategies related to housing in the Prevention section above. ■ As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars),
preferably with an empty cell between occupied cells. (Although individuals are in single cells in this scenario, the airflow between cells essentially makes it a cohort arrangement in the context of COVID-19.) ■ As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section above. ■ Safely transfer individual(s) to another facility with available medical isolation capacity in one of the above arrangements (NOTE - Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
If the ideal choice does not exist in a facility, use the next best alternative.
• If the number of confirmed cases exceeds the number of individual medical isolation spaces available in the facility, be especially mindful of cases who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other infected individuals. If cohorting is unavoidable, make all possible accommodations to prevent transmission of other infectious diseases to the higher-risk individual. (For example, allocate more space for a higher-risk individual within a shared medical isolation space.) o persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
o Note that incarcerated/detained populations have higher prevalence of infectious and chronic diseases and are in poorer health than the general population, even at younger ages.
• Custody staff should be designated to monitor these individuals exclusively where possible. These staff should wear recommended PPE as appropriate for their level of contact with the individual under medical isolation (see PPE section below) and should limit their own movement between different parts of the facility to the extent possible.
• Minimize transfer of COVID-19 cases between spaces within the healthcare unit.
• Provide individuals under medical isolation with tissues and, if permissible, a lined no-touch trash receptacle. Instruct them to: o cover their mouth and nose with a tissue when they cough or sneeze o Dispose of used tissues immediately in the lined trash receptacle
o Wash hands immediately with soap and water for at least 20 seconds. If soap and water are not available, clean hands with an alcohol-based hand sanitizer that contains at least 60% alcohol (where security concerns permit). Ensure that hand washing supplies are continually restocked.
• Maintain medical isolation until all the following criteria have been met. Monitor the CDC website for

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updates to these criteria. o For individuals who will be tested to determine if they are still contagious: ■ The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND
■ The individual's other symptoms have improved (e.g., cough, shortness of breath) AND ■ The individual has tested negative in at least two consecutive respiratory specimens collected at least 24
hours apart
o For individuals who will NOT be tested to determine if they are still contagious: ■ The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND ■ The individual's other symptoms have improved (e.g., cough, shortness of breath) AND ■ At least 7 days have passed since the first symptoms appeared
o For individuals who had a confirmed positive COVID-19 test but never showed symptoms: ■ At least 7 days have passed since the date of the individual's first positive COVID-19 test AND ■ The individual has had no subsequent illness
• Restrict cases from leaving the facility while under medical isolation precautions, unless released from custody or if a transfer is necessary for medical care, infection control, lack of medical isolation space, or extenuating security concerns. o If an incarcerated/detained individual who is a COVID-19 case is released from custody during their medical isolation period, contact public health to arrange for safe transport and continuation of necessary medical care and medical isolation as part of release planning.
Cleaning Spaces where COVID-19 Cases Spent Time
• Thoroughly clean and disinfect all areas where the confirmed or suspected COVID-19 case spent time. Note — these protocols apply to suspected cases as well as confirmed cases, to ensure adequate disinfection in the event that the suspected case does, in fact, have COVID-19. Refer to the Definitions section for the distinction between confirmed and suspected cases. o Close off areas used by the infected individual. If possible, open outside doors and windows to increase air circulation in the area. Wait as long as practical, up to 24 hours under the poorest air exchange conditions (consult CDC Guidelines for Environmental Infection Control in Health-Care Facilities for wait time based on different ventilation conditions), before beginning to clean and disinfect, to minimize potential for exposure to respiratory droplets.
o Clean and disinfect all areas (e.g., cells, bathrooms, and common areas) used by the infected individual, focusing especially on frequently touched surfaces (see list above in Prevention section).
• Hard (non-porous) surface cleaning and disinfection o If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection.
o For disinfection, most common EPA-registered household disinfectants should be effective. Choose cleaning products based on security requirements within the facility. ■ Consult a list of products that are EPA-approved for use against the virus that causes COVID-19 E . Follow the manufacturer's instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.). ■ Diluted household bleach solutions can be used if appropriate for the surface. Follow the manufacturer's instructions for application and proper ventilation, and check to ensure the product is not past its

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expiration date. Never mix household bleach with ammonia or any other cleanser. Unexpired household bleach will be effective against coronaviruses when properly diluted. Prepare a bleach solution by mixing:
n 5 tablespoons (1/3rd cup) bleach per gallon of water or • 4 teaspoons bleach per quart of water • Soft (porous) surface cleaning and disinfection o For soft (porous) surfaces such as carpeted floors and rugs, remove visible contamination if present and clean with appropriate cleaners indicated for use on these surfaces. After cleaning: • If the items can be laundered, launder items in accordance with the manufacturer's instructions using the warmest appropriate water setting for the items and then dry items completely. • Otherwise, use products that are EPA-approved for use against the virus that causes COVID-19 Ell and are suitable for porous surfaces.
• Electronics cleaning and disinfection o For electronics such as tablets, touch screens, keyboards, and remote controls, remove visible contamination if present. • Follow the manufacturer's instructions for all cleaning and disinfection products.
• Consider use of wipeable covers for electronics.
• If no manufacturer guidance is available, consider the use of alcohol-based wipes or spray containing at least 70% alcohol to disinfect touch screens. Dry surfaces thoroughly to avoid pooling of liquids.
Additional information on cleaning and disinfection of communal facilities such can be found on CDC's website.
• Ensure that staff and incarcerated/detained persons performing cleaning wear recommended PPE. (See PPE section below.)
• Food service items. Cases under medical isolation should throw disposable food service items in the trash in their medical isolation room. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
• Laundry from a COVID-19 cases can be washed with other individuals' laundry. o Individuals handling laundry from COVID-19 cases should wear disposable gloves, discard after each use, and clean their hands after. o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. o Launder items as appropriate in accordance with the manufacturer's instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely. o Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
• Consult cleaning recommendations above to ensure that transport vehicles are thoroughly cleaned after carrying a confirmed or suspected COVID-19 case.
Quarantining Close Contacts of COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without sufficient space to implement effective quarantine, should coordinate with local public health officials to ensure that close contacts of COVID-19 cases will be effectively quarantined and medically monitored.

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• Incarcerated/detained persons who are close contacts of a confirmed or suspected COVID-19 case (whether the case is another incarcerated/detained person, staff member, or visitor) should be placed under quarantine for 14 days (see CDC guidelines). o If an individual is quarantined due to contact with a suspected case who is subsequently tested for COVID-19 and receives a negative result, the quarantined individual should be released from quarantine restrictions.
• In the context of COVID-19, an individual (incarcerated/detained person or staff) is considered a close contact if they: o Have been within approximately 6 feet of a COVID-19 case for a prolonged period of time OR o Have had direct contact with infectious secretions of a COVID-19 case (e.g., have been coughed on)
Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
• Keep a quarantined individual's movement outside the quarantine space to an absolute minimum. o Provide medical evaluation and care inside or near the quarantine space when possible.
o Serve meals inside the quarantine space. o Exclude the quarantined individual from all group activities.
o Assign the quarantined individual a dedicated bathroom when possible.
• Facilities should make every possible effort to quarantine close contacts of COVID-19 cases individually. Cohorting multiple quarantined close contacts of a COVID-19 case could transmit COVID-19 from those who are infected to those who are uninfected. Cohorting should only be practiced if there are no other available options. o If cohorting of close contacts under quarantine is absolutely necessary, symptoms of all individuals should be monitored closely, and individuals with symptoms of COVID-19 should be placed under medical isolation
o If an entire housing unit is under quarantine due to contact with a case from the same housing unit, the entire housing unit may need to be treated as a cohort and quarantine in place.
o some facilities may choose to quarantine all new intakes for 14 days before moving them to the facility's general population as a general rule (not because they were exposed to a COVID-19 case). Under this scenario, avoid mixing individuals quarantined due to exposure to a COVID-19 case with individuals undergoing routine intake quarantine.
o If at all possible, do not add more individuals to an existing quarantine cohort after the 14-day quarantine clock has started.
• If the number of quarantined individuals exceeds the number of individual quarantine spaces available in the facility, be especially mindful of those who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other quarantined individuals. If cohorting is unavoidable, make all possible accommodations to reduce exposure risk for the higher-risk individuals. (For example, intensify social distancing strategies for higher-risk individuals.)
• In order of preference, multiple quarantined individuals should be housed: o Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully
o Separately, in single cells with solid walls but without solid doors o As a cohort, in a large, well-ventilated cell with solid walls, a solid door that closes fully, and at least 6 feet of
personal space assigned to each individual in all directions
o As a cohort, in a large, well-ventilated cell with solid walls and at least 6 feet of personal space assigned to each

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individual in all directions, but without a solid door
o As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells creating at least 6 feet of space between individuals. (Although individuals are in single cells in this scenario, the airflow between cells essentially makes it a cohort arrangement in the context of COVID-19.)
o As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section to maintain at least 6 feet of space between individuals housed in the same cell.
o As a cohort, in individuals' regularly assigned housing unit but with no movement outside the unit (if an entire housing unit has been exposed). Employ social distancing strategies related to housing in the Prevention section above to maintain at least 6 feet of space between individuals.
o Safely transfer to another facility with capacity to quarantine in one of the above arrangements (NOTE - Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
• Quarantined individuals should wear face masks if feasible based on local supply, as source control, under the following circumstances (see PPE section and Table 1): o If cohorted, quarantined individuals should wear face masks at all times (to prevent transmission from infected to uninfected individuals).
o If quarantined separately, individuals should wear face masks whenever a non-quarantined individual enters the quarantine space.
o All quarantined individuals should wear a face mask if they must leave the quarantine space for any reason.
o Asymptomatic individuals under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear face masks.
• Staff who have close contact with quarantined individuals should wear recommended PPE if feasible based on local supply, feasibility, and safety within the scope of their duties (see PPE section and Table 1). o Staff supervising asymptomatic incarcerated/detained persons under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear PPE.
• Quarantined individuals should be monitored for COVID-19 symptoms twice per day, including temperature checks. o If an individual develops symptoms, they should be moved to medical isolation immediately and further evaluated. (See Medical Isolation section above.)
o See Screening section for a procedure to perform temperature checks safely on asymptomatic close contacts of COVID-19 cases.
• If an individual who is part of a quarantined cohort becomes symptomatic: o If the individual is tested for COVID-19 and tests positive: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
o If the individual is tested for COVID-19 and tests negative: the 14-day quarantine clock for this individual and the remainder of the cohort does not need to be reset. This individual can return from medical isolation to the quarantined cohort for the remainder of the quarantine period.
o If the individual is not tested for COVID-19: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
• Restrict quarantined individuals from leaving the facility (including transfers to other facilities) during the 14-day quarantine period, unless released from custody or a transfer is necessary for medical care, infection control, lack of quarantine space, or extenuating security concerns.

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• Quarantined individuals can be released from quarantine restrictions if they have not developed symptoms during the 14-day quarantine period.
• Meals should be provided to quarantined individuals in their quarantine spaces. Individuals under quarantine should throw disposable food service items in the trash. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
• Laundry from quarantined individuals can be washed with other individuals' laundry. O Individuals handling laundry from quarantined persons should wear disposable gloves, discard after each use, and clean their hands after. o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. o Launder items as appropriate in accordance with the manufacturer's instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely. O Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
Management of Incarcerated/Detained Persons with COVID-19 Symptoms
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity or without sufficient space for medical isolation should coordinate with local public health officials to ensure that suspected COVID-19 cases will be effectively isolated, evaluated, tested (if indicated), and given care._
• If possible, designate a room near each housing unit for healthcare staff to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
• Incarcerated/detained individuals with COVID-19 symptoms should wear a face mask and should be placed under medical isolation immediately. Discontinue the use of a face mask if it inhibits breathing. See Medical Isolation section above.
• Medical staff should evaluate symptomatic individuals to determine whether COVID-19 testing is indicated. Refer to CDC guidelines for information on evaluation and testing. See Infection Control and Clinical Care sections below as well.
• If testing is indicated (or if medical staff need clarification on when testing is indicated), contact the state, local, tribal, and/or territorial health department. Work with public health or private labs as available to access testing supplies or services. o If the COVID-19 test is positive, continue medical isolation. (See Medical Isolation section above.) o If the COVID-19 test is negative, return the individual to their prior housing assignment unless they require further medical assessment or care.
Management Strategies for Incarcerated/Detained Persons without COVID-19 Symptoms
• Provide clear information to incarcerated/detained persons about the presence of COVID-19 cases within the facility, and the need to increase social distancing and maintain hygiene precautions.

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o Consider having healthcare staff perform regular rounds to answer questions about COVID-19. o Ensure that information is provided in a manner that can be understood by non-English speaking individuals
and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision. • Implement daily temperature checks in housing units where COVID-19 cases have been identified, especially if there is concern that incarcerated/detained individuals are not notifying staff of symptoms.See Screening section for a procedure to safely perform a temperature check. • Consider additional options to intensify social distancing within the facility.
Management Strategies for Staff
• Provide clear information to staff about the presence of COVID-19 cases within the facility, and the need to enforce social distancing and encourage hygiene precautions. o Consider having healthcare staff perform regular rounds to answer questions about COVID-19 from staff.
• Staff identified as close contacts of a COVID-19 case should self-quarantine at home for 14 days and may return to work if symptoms do not develop. o See above for definition of a close contact. o Refer to CDC guidelines for further recommendations regarding home quarantine for staff.
Infection Control
Infection control guidance below is applicable to all types of correctional facilities. Individual facilities should assess their unique needs based on the types of exposure staff and incarcerated/detained persons may have with confirmed or suspected COVID-19 cases.
• All individuals who have the potential for direct or indirect exposure to COVID-19 cases or infectious materials (including body substances; contaminated medical supplies, devices, and equipment; contaminated environmental surfaces; or contaminated air) should follow infection control practices outlined in the CDC Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings. Monitor these guidelines regularly for updates. o Implement the above guidance as fully as possible within the correctional/detention context. Some of the specific language may not apply directly to healthcare settings within correctional facilities and detention centers, or to facilities without onsite healthcare capacity, and may need to be adapted to reflect facility operations and custody needs. o Note that these recommendations apply to staff as well as to incarcerated/detained individuals who may come in contact with contaminated materials during the course of their work placement in the facility (e.g., cleaning).
• Staff should exercise caution when in contact with individuals showing symptoms of a respiratory infection. Contact should be minimized to the extent possible until the infected individual is wearing a face mask. If COVID-19 is suspected, staff should wear recommended PPE (see PPE section).
• Refer to PPE section to determine recommended PPE for individuals persons in contact with confirmed COVID-19 cases, contacts, and potentially contaminated items.
Clinical Care of COVID-19 Cases

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• Facilities should ensure that incarcerated/detained individuals receive medical evaluation and treatment at the first signs of COVID-19 symptoms. o If a facility is not able to provide such evaluation and treatment, a plan should be in place to safely transfer the individual to another facility or local hospital.
o The initial medical evaluation should determine whether a symptomatic individual is at higher risk for severe illness from COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
• Staff evaluating and providing care for confirmed or suspected COVID-19 cases should follow the CDC Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) and monitor the guidance website regularly for updates to these recommendations.
• Healthcare staff should evaluate persons with respiratory symptoms or contact with a COVID-19 case in a separate room, with the door closed if possible, while wearing recommended PPE and ensuring that the suspected case is wearing a face mask. o If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
G Clinicians are strongly encouraged to test for other causes of respiratory illness (e.g., influenza).
• The facility should have a plan in place to safely transfer persons with severe illness from COVID-19 to a local hospital if they require care beyond what the facility is able to provide.
• When evaluating and treating persons with symptoms of COVID-19 who do not speak English, using a language line or provide a trained interpreter when possible.
Recommended PPE and PPE Training for Staff and Incarcerated/Detained Persons
• Ensure that all staff (healthcare and non-healthcare) and incarcerated/detained persons who will have contact with infectious materials in their work placements have been trained to correctly don, doff, and dispose of PPE relevant to the level of contact they will have with confirmed and suspected COVID-19 cases. o Ensure that staff and incarcerated/detained persons who require respiratory protection (e.g., N95s) for their work responsibilities have been medically cleared, trained, and fit-tested in the context of an employer's respiratory protection program. o For PPE training materials and posters, please visit the CDC website on Protecting Healthcare Personnel.
• Ensure that all staff are trained to perform hand hygiene after removing PPE. • If administrators anticipate that incarcerated/detained persons will request unnecessary PPE, consider
providing training on the different types of PPE that are needed for differing degrees of contact with COVID-19 cases and contacts, and the reasons for those differences (see Table 1). Monitor linked CDC guidelines in Table 1 for updates to recommended PPE. • Keep recommended PPE near the spaces in the facility where it could be needed, to facilitate quick access in an emergency. • Recommended PPE for incarcerated/detained individuals and staff in a correctional facility will vary based on the type of contact they have with COVID-19 cases and their contacts (see Table 1). Each type of recommended PPE is defined below. As above, note that PPE shortages are anticipated in every category during the COVID-19 response.

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o N95 respirator See below for guidance on when face masks are acceptable alternatives for N95s. N95 respirators should be prioritized when staff anticipate contact with infectious aerosols from a COVID-19 case.
o Face mask
o Eye protection - goggles or disposable face shield that fully covers the front and sides of the face o A single pair of disposable patient examination gloves
Gloves should be changed if they become torn or heavily contaminated. o Disposable medical isolation gown or single-use/disposable coveralls, when feasible
■ If custody staff are unable to wear a disposable gown or coveralls because it limits access to their duty belt and gear, ensure that duty belt and gear are disinfected after close contact with the individual. Clean and disinfect duty belt and gear prior to reuse using a household cleaning spray or wipe, according to the product label.
• If there are shortages of gowns, they should be prioritized for aerosol-generating procedures, care activities where splashes and sprays are anticipated, and high-contact patient care activities that provide opportunities for transfer of pathogens to the hands and clothing of staff.
• Note that shortages of all PPE categories are anticipated during the COVID-19 response, particularly for non-healthcare workers. Guidance for optimizing the supply of each category can be found on CDC's website: o Guidance in the event of a shortage of N95 respirators ■ Based on local and regional situational analysis of PPE supplies, face masks are an acceptable alternative when the supply chain of respirators cannot meet the demand. During this time, available respirators should be prioritized for staff engaging in activities that would expose them to respiratory aerosols, which pose the highest exposure risk.
o Guidance in the event of a shortage of face masks
o Guidance in the event of a shortage of eye protection
o Guidance in the event of a shortage of gowns/coveralls

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Classification of Individual Wearing PPE

N95 respirator

Face mask

Eye

Gown/

Protection Gloves Coveralls

Incarcerated/Detained Persons

Asymptomatic incarcerated/detained persons (under quarantine as close contacts of a COVID-19 case*)

Apply face masks for source control as feasible based on local supply, especially if housed as a cohort

Incarcerated/detained persons who are

X

confirmed or suspected COVID-19 cases, or

showing symptoms of COVID-19

Incarcerated/detained persons in a work placement handling laundry or used food service items from a COVID-19 case or case contact

X

X

Incz:!- ceratedidetained

,york

placement cleaning areas vitnyere a Cf.Y,10-19

case has spent time

Addrtional PPE may be needed based on the product Iabe4. Se.e CDC. guidelines for more details

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

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Verbal Screening and Temperature Check Protocols for Incarcerated/Detained Persons, Staff, and Visitors
The guidance above recommends verbal screening and temperature checks for incarcerated/detained persons, staff, volunteers, and visitors who enter correctional and detention facilities, as well as incarcerated/detained persons who are transferred to another facility or released from custody. Below, verbal screening questions for COVID-19 symptoms and contact with known cases, and a safe temperature check procedure are detailed.

• Verbal screening for symptoms of COVID-19 and contact with COVID-19 cases should include the following questions: o Today or in the past 24 hours, have you had any of the following symptoms? ■ Fever, felt feverish, or had chills? ■ Cough?
■ Difficulty breathing?

o In the past 14 days, have you had contact with a person known to be infected with the novel coronavirus (COVID-19)?

• The following is a protocol to safely check an individual's temperature: o Perform hand hygiene

o Put on a face mask, eye protection (goggles or disposable face shield that fully covers the front and sides of the face), gown/coveralls, and a single pair of disposable gloves

o Check individual's temperature

o If performing a temperature check on multiple individuals, ensure that a clean pair of gloves is used for each individual and that the thermometer has been thoroughly cleaned in between each check. If disposable or non-contact thermometers are used and the screener did not have physical contact with an individual, gloves do not need to be changed before the next check. If non-contact thermometers are used, they should be cleaned routinely as recommended by CDC for infection control.

o Remove and discard PPE

o perform hand hygiene

Page last reviewed: March 23, 2020

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 26 of 26

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SYMPTOMS OF #C:5O383RONAVIRUS DISEASE 2019

ORONAVIRUS

iSEASE

Patients with COVID-19 have experienced mild to severe respiratory illness.

Symptoms* ca include FE

COUGH

*Symptoms may appear 2-14 days after exposure.

Seek medical advice if you develop symptoms, and have been in close contact with a person known to have COVID-19 orifyou live in or have recently been in an area with
ongoing spread of COVID-19.

SHORTNESS OF BREATH

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For more information: www.cdc.goviCOVID19-symptoms

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 48 of 61 Page ID
SINTOMAS DE LA ENFERMEDAD DEL #:5384
19 NEERMEDAD DEL
CORONAVIRUS 2019 ORONAVIRUS
Los pacientes con COVID-19 han presentado enfermedad respiratoria de leve a grave.

Los sintomas* pued1 en induir

FIEBRE

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a 14 dias despues de la exposicion.

Consulte a un medico si presenta sintomas y ha estado en contacto cercano con una persona que se sepa que tiene el COVID-19, o si usted vive o ha estado recientemente en un area en la que haya propagacion en
curso del COVID-19.

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Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 51 of 61 Page ID #:5387

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 52 of 61 Page ID #:5388

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 53 of 61 Page ID #:5389

Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 54 of 61 Page ID
Share Facts#:5390 About COVID-19

Know the facts about coronavirus disease 2019 (COVID-19) and help stop the spread of rumors.

FACT
1

Diseases canmakeanyone sick
regardless oftheirTace or ethnicity.

'People-of Asiamdescent; including ChineSe Americans, are not more likely to get covip49 than any other American. fiellitop fear by letting people know that being,,of,AMancle5cent:
does not increasethe chanceofgettingor . . Spreading COV,ID-19.:

FACT Some people are at increased risk of

2

getting COVID-19.

e.• ew o have been in close contact with a
person known to have COVID-19 or people who live in or have recently been in an area with lb ongoing spread are at an increased risk of exposure.

FACT Someone who has completed

3

quarantine or has been released from isolation does not pose a risk of

infection to other people.

For up-to-date information, visit CDC's coronavirus disease 2019 web page.

FACT You can help stop COVID-19

4

by knowing the signs and symptoms:

• Fever • Cough

• Shortness of breath

Seek medical advice if you

• Develop symptoms

AND

• Have been in close contact with a person known to hAve COVID-19 or if you live in or have recently been in an area with ongoing spread of COVID-19.

FACT There are simple things you can

5

do to help keep yourself and others healthy.

• Wash your hands often with soap and water for at least 20 seconds, especially after blowing your nose, coughing, or sneezing; going to the bathroom; and before eating or preparing food.
• Avoid touching your eyes, nose, and mouth with unwashed hands.
• Stay home when you are sick.
• Cover your cough or sneeze with a tissue, then throw the tissue in the trash.

For more information: www.cdc.gov/COVID19

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ORONAVJRUS ISEASE

coronavirus disease 2019 (COVID-19)

If you are sick with COVID-19 or suspect you are infected with the virus that causes COVID-19, follow the steps below to help prevent the disease from spreading to people in your home and community.

Stay home except to get medical care
You should restrict activities outside your home, except for getting medical care. Do not go to work, school, or public areas. Avoid using public transportation, ride-sharing, or taxis.
Separate yourself fiom other people and animals in your home
People: As much as possible, you should stay in a specific room and away from other people in your home. Also, you should use a separate bathroom, if available.
Animals: Do not handle pets or other animals while sick. See COVID-19 and Animals for more information.
Call ahead before visiting your doctor
If you have a medical appointment, call the healthcare provider and tell them that you have or may have COVID-19. This will help the healthcare provider's office take steps to keep other people from getting infected or exposed.
Wear a facemask
You should wear a facemask when you are around other people (e.g., sharing a room or vehicle) or pets and before you enter a healthcare provider's office. If you are not able to wear a facemask (for example, because it causes trouble breathing), then people who live with you should not stay in the same room with you, or they should wear a facemask if they enter your room.
Cover your coughs and sneezes
Cover your mouth and nose with a tissue when you cough or sneeze. Throw used tissues in a lined trash can; immediately wash your hands with soap and water for at least 20 seconds or clean your hands with an alcohol-based hand sanitizer that contains at least 60% alcohol covering all surfaces of your hands and rubbing them together until they feel dry. Soap and water should be used preferentially if hands are visibly dirty.
Avoid sharing personal household items
You should not share dishes, drinking glasses, cups, eating utensils, towels, or bedding with other people or pets in your home. After using these items, they should be washed thoroughly with soap and water.

Clean your hands often
Wash your hands often with soap and water for at least 20 seconds. If soap and water are not available, clean your hands with an alcohol-based hand sanitizer that contains at least 60% alcohol, covering all surfaces of your hands and rubbing them together until they feel dry. Soap and water should be used preferentially if hands are visibly dirty. Avoid touching your eyes, nose, and mouth with unwashed hands.
Clean all"high-touch"surfaces every day
High touch surfaces include counters, tabletops, doorknobs, bathroom fixtures, toilets, phones, keyboards, tablets, and bedside tables. Also, clean any surfaces that may have blood, stool, or body fluids on them. Use a household deaning spray or wipe, according to the label instructions. Labels contain instructions for safe and effective use of the cleaning product including precautions you should take when applying the product, such as wearing gloves and making sure you have good ventilation during use of the product.
Monitor your symptoms
Seek prompt medical attention if your illness is worsening (e.g., difficulty breathing). Before seeking care, call your healthcare provider and tell them that you have, or are being evaluated for, COVID-19. Put on a facemask before you enter the facility. These steps will help the healthcare provider's office to keep other people in the office or waiting room from getting infected or exposed.
Ask your healthcare provider to call the local or state health department. Persons who are placed under active monitoring or facilitated self-monitoring should follow instructions provided by their local health department or occupational health professionals, as appropriate. When working with your local health department check their available hours.
If you have a medical emergency and need to call 911, notify the dispatch personnel that you have, or are being evaluated for COVID-19. If possible, put on a facemask before emergency medical services arrive.
Discontinuing home isolation
Patients with confirmed COVID-19 should remain under home isolation precautions until the risk of secondary transmission to others is thought to be low. he decision to discontinue home isolation precautions should be made on a case-by-case basis, in consultation with healthcare providers and state and local health departments.

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•..:
VI Que hater si contrae la enfermedad del #:5394 19 NFERMEDAD DEL
coronavirus 2019 (COVID-19) ORONAVIRUS

Si usted esta enfermo con COVID-19 o sospecha que esti infectado por el virus que causa el COVID-19, tome las medidas mencionadas a continuation para ayudar a prevenir que la enfermedad se propague a personas en su casa yen la comunidad.

Quedese en casa, excepto para conseguir atencion media
Debe restringir las actividades fuera de su casa, excepto para conseguir atencion medica. No vaya al trabajo, la escuela o a areas publicas. Evite usar el servicio de transporte public°, vehiculos compartidos o taxis.
Mantengase alejado de otras personas y de los animales en su casa
Personas: en la medida de lo posible, permanezca en una habitation especifica y lejos de las demas personas que esten en su casa. Ademas, deberia usar un bario aparte, de ser posible.
Animales: mientras este enfermo, no manipule ni toque mascotas ni otros animales. Consulte El COVID-19 y los animales para obtener mas information.
Llame antes de it al medico
Si tiene una cita medica, llame al proveedor de atencion medica y digale que tiene o que podria tener COVID-19. Esto ayudara a que en el consultorio del proveedor de atencion medica se tomen medidas para evitar que otras personas se infecten o expongan.
Use una mascarilla
Usted deberia usar una mascarilla cuando este cerca de otras personas (p. ej., compartiendo una habitation o un vehiculo) o de mascotas y antes de entrar al consultorio de un proveedor de atencion medica. Si no puede usar una mascarilla (por ejemplo, porque le causa dificultad para respirar), las personas que vivan con usted no deberian permanecer con usted en la misma habitation, o deberian ponerse una mascarilla si entran a su habitaci6n.
Ciibrase Ia nariz y la boca al toser y estornudar
Cubrase la nariz y la boca con un paiiuelo desechable al toser o estornudar. Bote los paiiuelos desechables usados en un bote de basura con una bolsa de plastic° adentro; lavese inmediatamente las manos con agua y jab6n por al menos 20 segundos o limpieselas con un desinfectante de manos que contenga al menos 60 % de alcohol, cubra todas las superficies de las manos y froteselas hasta que sienta que se secaron. Si tiene las manos visiblemente sucias, es preferible usar agua y jab6n.

Limpiese las manos con frecuencia
Lavese frecuentemente las manos con agua y jab6n por al menos 20 segundos. Si no hay agua y jab6n disponibles, limpieselas con un desinfectante de manos que contenga al menos un 60 % de alcohol, cubra todas las superficies de las manos y froteselas hasta que sienta que se secaron. Si tiene las manos visiblemente sucias, es preferible usar agua y jab6n. Evite tocarse los ojos, la nariz y la boca con las manos sin lavar.
Limpie todos los dias todas las superficies de contacto frecuente
Las superficies de contacto frecuente incluyen los mesones, las mesas, las manijas de las puertas, las llaves y grifos del batio, los inodoros, los telefonos, los teclados, las tabletas y las mesas de cama. Limpie tambien todas las superficies que puedan tener sangre, heces o liquidos corporales. Use un limpiador de uso domestic°, ya sea un rociador o una toallita, seem las instrucciones de la etiqueta. Las etiquetas contienen instrucciones para el uso seguro y eficaz de los productos de limpieza, incluidas las precauciones que deberia tomar cuando aplique el producto, como usar guantes y asegurarse de tener buena ventilation mientras lo este usando.
Vigile sus sintomas
Busque atencion medica rapidamente si su enfermedad empeora (p. ej., si tiene dificultad para respirar). Antes de hacerlo, llame a su proveedor de atencion medica y digale que tiene COVID-19, o que esti siendo evaluado para determinar si lo tiene. Pongase una mascarilla antes de entrar al consultorio. Estas medidas ayudaran a que en el consultorio del proveedor de atencion medica se pueda evitar la infecci6n o exposition de las otras personas que esten en el consultorio o la sala de espera.
Pidale a su proveedor de atenci6n medica que llame al departamento de salud local o estatal. Las personas que esten bajo monitoreo activo o automonitoreo facilitado deben seguir las indicaciones provistas por los profesionales de salud ocupacional o de su departamento de salud local, seem corresponda.
Si tiene una emergencia medica o necesita Hamar a1911, avisele al personal del centro de llamadas que tiene COVID-19 o lo estan evaluando para determinarlo. De ser posible, pongase una mascarilla antes de que llegue el servicio medico de emergencias.

Evite compartir articulos del hogar de uso personal
No debe compartir platos, vasos, tazas, cubiertos, toallas o ropa de cama con otras personas o mascotas que esten en su casa. Despues de usar estos articulos, se los debe lavar bien con agua y jabon.
CDC

Interruption del aislamiento en la casa
Los pacientes con COVID-19 confirmado deben permanecer bajo precauciones de aislamiento en la casa hasta que el riesgo de transmision secundaria a otras personas se considere bajo. La decision de interrumpir las precauciones de aislamiento en la casa debe tomarse segan cada caso en particular, en consulta con proveedores de atencion medica y departamentos de salud estatales y locales.

Para obtegtmas informaciOn: www.cdc.gov/COVID19-es

What you need to know about Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 59 of 61 Page ID #:5395 coronavirus disease 2019 (COVID-19)

What is coronavirus disease 2019 (COVID-19)?
Coronavirus disease 2019 (COVID-19) is a respiratory illness that can spread from person to person. The virus that causes COVID-19 is a novel coronavirus that was first identified during an investigation into an outbreak in Wuhan, China.
Can people in the U.S. get COVID-19?
Yes. COVID-19 is spreading from person to person,in parts of the United States. Risk of infection with COVID-19 is higher for people who are dose contacts of someone known to have COVID-19, for example healthcare workers, or household members. Other people at higher risk for infection are those who live in or have recently been in an area with ongoing spread of COVID-19. Learn more about places with ongoing spread at https://www.cdc.gov/coronavirus/2019-ncov/about/ transmission.html#geographic.
Have there been cases of COVID-19 in the U.S.?
Yes. The first case of COVID-19 in the United States was reported on January 21, 2020. The current count of cases of COVID-19 in the United States is available on CDC's webpage at https:1iwww.cdc.gov/coronavirus.12019-ncov/cases-in-us.html.
How does COVID-19 spread?
The virus that causes COVID-19 probably emerged from an animal source, but is now spreading from person to person. The virus is thought to spread mainly between people who are in dose contact with one another (within about 6 feet) through respiratory droplets produced when an infected person coughs or sneezes. It also may be possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes, but this is not thought to be the main way the virus spreads. Learn what is known about the spread of newly emerged coronaviruses at https://www.cdc.gov/ coronavirus/2019-ncov/about/transmission.html.
What are the symptoms of COVID-19?
Patients with COVID-19 have had mild to severe respiratory illness with symptoms of • fever • cough • shortness of breath

What are severe complications from this virus?
Some patients have pneumonia in both lungs, multi-organ failure and in some cases death.
How can I help protect myself?
People can help protect themselves from respiratory illness with everyday preventive actions. • Avoid dose contact with people who are sick. • Avoid touching your eyes, nose, and mouth with
unwashed hands. • Wash your hands often with soap and water for at least 20
seconds. Use an alcohol-based hand sanitizer that contains at least 60% alcohol if soap and water are not available.
If you are sick, to keep from spreading respiratory illness to others, you should
• Stay home when you are sick. • Cover your cough or sneeze with a tissue, then throw the
tissue in the trash. • Clean and disinfect frequently touched objects
and surfaces.
What should I do ifIrecently traveled from an area with ongoing spread of COVID-19?
If you have traveled from an affected area, there may be restrictions on your movements for up to 2 weeks. If you develop symptoms during that period (fever, cough, trouble breathing), seek medical advice. Call the office of your health care provider before you go, and tell them about your travel and your symptoms. They will give you instructions on how to get care without exposing other people to your illness. While sick, avoid contact with people, don't go out and delay any travel to reduce the possibility of spreading illness to others.
Is there a vaccine?
There is currently no vaccine to protect against COVID-19. The best way to prevent infection is to take everyday preventive actions, like avoiding dose contact with people who are sick and washing your hands often.
Is there a treatment?
There is no specific antiviral treatment for COVID-19. People with COVID-19 can seek medical care to help relieve symptoms.

er a

For more information: www.cdc.gov/COVID19

Ticr1,1grain 2019 (CMD-19) Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 60 of 61 Page ID #:5396 2M-NMIff

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VID to que necesita saber sobre la enfermedad Case 5:17-cv-02514-JGB-SHK Document 256-2 Filed 04/08/20 Page 61 of 61 Page ID #:5397

19 NFERVPAD DEL

del coronavirus 2019 (COVID-19)

iQue es la enfermedad del coronavirus 2019 (COVID-19)?
La enfermedad del coronavirus 2019 (COVID-19) es una afeccion respiratoria que se puede propagar de persona a persona. El virus que cause el COVID-19 es un nuevo coronavirus que se identifico por primera vez durante la investigacion de un brote en Wuhan, China.
iPueden las personas en los EE. UU. contraer el COVID-19?
Si. El COVID-19 se esta propagando de persona a persona en partes de los Estados Unidos. El riesgo de infeccion con COVID-19 es mayor en las personas que son contactos cercanos de alguien que se sepa que tiene el COVID-19, por ejemplo, trabajadores del sector de la salud o miembros del hogar. Otras personas con un riesgo mayor de infeccion son las que viven o han estado recientemente en un area con propagacion en curso del COVID-19.
iHa habido casos de COVID-19 en los EE. UU.?
Si. El primer caso de COVID-19 en los Estados Unidos se notific6 el 21 de enero del 2020. La cantidad actual de casos de COVID-19 en los Estados Unidos esta disponible en la pagina web de los CDC en https://www.cdc.gov/coronavirus/2019ncov/cases-in-usltml.
1Como se propaga el COVID-19?
Es probable que el virus que causa el COVID-19 haya surgido de una fuente animal, pero ahora se este propagando de persona a persona. Se cree que el virus se propaga principalmente entre las personas que estan en contacto cercano unas con otras (dentro de 6 pies de distancia), a traves de las gotitas respiratorias que se producen cuando una persona infectada tose o estornuda. Tambien podria ser posible que una persona contraiga el COVID-19 al tocar una superficie u objeto que tenga el virus y luego se toque la boca, la nariz o posiblemente los ojos, aunque no se cree que esta sea la principal forma en que se propaga el virus. InfOrmese sobre lo que se sabe acerca de la propagacion de los coronavirus de reciente aparicion en https://www.cdc.gov/ coronavirus/2019-ncov/about/transmission-sp.html.
1Cuales son los sintomas del COVID-19?
Los pacientes con COVID-19 han tenido enfermedad respiratoria de leve a grave con los siguientes sintomas:
• fiebre
• tos
• dificultad para respirar
iCuales son las complicaciones graves provocadas por este virus?
Algunos pacientes presentan neumonia en ambos pulmones, insuficiencia de multiples organos y algunos han muerto.

IQue puedo hacer para ayudar a protegerme?
Las personas se pueden proteger de las enfermedades respiratorias tomando medidas preventives cotidianas.
• Evite el contacto cercano con personas enfermas.
• Evite tocarse los ojos, la nariz y la boca con las manos sin laver.
• Lavese frecuentemente las manos con ague y jabon por al menos 20 segundos. Use un desinfectante de manos que contenga al menos un 60 % de alcohol si no hay agua y jabon disponibles.
Si esta enfermo, para prevenir la propagacion de la enfermedad respiratoria a los demas, deberia hacer lo siguiente:
• Quedarse en casa si esta enfermo.
• Cubrirse la nariz y la boca con un pariuelo desechable al toser o estornudar y luego botarlo a la basura.
• Limpiar y desinfectar los objetos y las superficies que se tocan frecuentemente.
iQue debo hacer si he regresado recientemente de un viaje a un area con propagacion en curso del COVID-19?
Si ha llegado de viaje proveniente de un area afectada, podrian indicarle que no salga de casa por hasta 2 semanas. Si presenta sintomas durante ese periodo (fiebre, tos, dificultad para respirar), consulte a un medico. Llame al consultorio de su proveedor de atencion medica antes de it y digales sobre su viaje y sus sintomas. Ellos le daran instrucciones sobre coma conseguir atencion medica sin exponer a los dernas a su enfermedad. Mientras este enfermo, evite el contacto con otras personas, no salga y postergue cualquier viaje para reducir la posibilidad de propagar la enfermedad a los dernas.
iHay alguna vacuna?
En la actualidad no existe una vacuna que proteja contra el COVID-19. La mejor manera de prevenir infecciones es tomar medidas preventives cotidianas, como evitar el contacto cercano con personas enfermas y lavarse las manos con frecuencia.
LExiste un tratamiento?
No hay un tratamiento antiviral especifico para el COVID-19. Las personas con el COVID-19 pueden buscar atencion medica para ayudar a aliviar los sintomas.

• P; ner nns inforniack.in: WW w.cdc.gov/COVID1 9-es

 
 Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 1 of 34 Page ID #:5398
EXHIBIT 3
to Declaration of David Van Pelt

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 2 of 34 Page ID #:5399

1 AKERMAN LLP

MICHAEL L. GALLION (SBN 189128)

2 DAVID VAN PELT (S_BN 163690)

ASHLEY BOBO (SBN 312714)

3 601 West Fifth Street, Suite 300

Los Angeles, California 90071

4 Telephone: (213 688-9500

Facsimile: (213 627-6342

5 Email: michae .gallion akerman.com

david.vanpelt@a erman.corn

6

ashley.bobo@akerman.com

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11
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COLIN L. BARNACLE (admitted pro hac vice) ADRIENNE SCHEFFEY (admitted pro hac vice) ASHLEY E. CALHOUN (SBN 270530) 1900 Sixteenth Street, Suite 1700 Denver, Colorado 80202 Telephone: (303) 260-7712 Facsimile: (303) 260-7714 Email: colin.barnacle cDakerman.corn
adrienne.schef e akennan.com ashley.calhoun acerman.com
Attorneys for Defendant THE GEO GROUP, INC.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA — EASTERN DIVISION

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18 19 20 21 22 23 24 25 26 27

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,
Plaintiff,
vs.
THE GEO GROUP, INC.,
Defendant. THE GEO GROUP, INC.,
Counter-Claimant,
vs.
RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,

Case No. 5:17-cv-02514-JGB-SHKx
Assigned to Hon. Jesus G. Bernal
DECLARATION OF DAVID COLE IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

28 52654338. 1

1

CASE No. 5: 17-cv-02514-JGB-SHKx

DECLARATION OF DAVID COLE IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 3 of 34 Page ID #:5400

AKERMAN LLP

1

Counter-Defendant.

2

3

4

5

6 7 8 9 10 11 :22Ef`ti 12 ,1';1 13
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18 19 20 21 22 23 24 25 26 27

DECLARATION OF DAVID COLE I, David Cole, hereby declare: 1. I am the Facility Administrator at the LaSalle ICE Processing Center ("LIPC" or "GEO"). I am over the age of eighteen (18), and I am competent to testify in this matter. My statement is based upon my personal knowledge, and my education, training, and experience. 2. The LIPC has implemented rigorous processes to reduce the exposure of the detainee population to COVID-19 and to ensure that procedures are put in place to avoid the spread of COVID-19 in the event that COVID-19 were to be introduced to the LIPC. 3. Attached as Exhibit A is a true and correct copy of the Center for Disease Control and Prevention ("CDC") Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities. GEO utilized this guidance to educate its personnel and detainees at the LIPC about COVID-19. GEO further utilized this guidance to develop its policies and practices for addressing COVID-19. My declaration below provides some specifics about GEO 's implementation of the guidelines at LIPC. I have not attempted to describe in totality each and every action taken by the facilities and GEO staff to implement the guidelines or any other precautions, nor could I do so within the limitations of a publicly filed declaration. However, I hope to convey to the Court that GEO is being proactive and is taking COVID-19 seriously to reduce the risk of infection.

28 52654338

2

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF DAVID COLE IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 4 of 34 Page ID #:5401

1

4. The health, safety, and well-being of detainees at LIPC correlates with the

2 health, safety, and well-being of GEO staff, GEO administration, and our families. Our

3 interests are aligned with respect to mitigation strategies to slow the spread of the

4 coronavirus and resulting infections of COVID-19.

5

5. To date, there are no confirmed cases of COVID-19 in the LIPC detainee

6 population.

7

6. GEO has held multiple town hall meetings for detainees, since the

8 beginning of March about COVID-19 to try to educate the population about COVID-

9 19.

10

7. As with all others across the country, we are continuing to evolve our

practices as we learn more about COVID-19. We continue to implement

supplementary safety measures, in addition to those listed below, as information

becomes available.

Social Distancing and Access Limitations

1. The LIPC has implemented a number of limitations, in connection with

ICE, to reduce the introduction of any outside sources of contamination into the

facility.

2. Limited Visitation: ICE has temporarily stopped all in-person visitation

19 for detainees and their family and friends with the exception of detainees' attorney

20 visits. Attorneys who wish to enter the building must wear Personal Protective

21 Equipment ("PPE") including a surgical mask, goggles, and gloves. Otherwise, all

22 visits are restricted to videoconferencing on tablets that are provided to detainees.

23

3. Anyone Entering the LIPC Facility: Any individual who enters the facility

24 must first complete a screening questionnaire to determine whether the individual has a

25 likelihood of exposure to COVID-19. This includes all GEO staff, medical staff, ICE

26 staff and other regular personnel within the building, as well as those who arrive for

27

28 52654338;1

3

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF DAVID COLE IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 5 of 34 Page ID #:5402

1 purposes of attending proceedings at the immigration court within the LIPC Facility.

2 Thereafter, GEO staff take the temperature of all individuals seeking entry. Anyone

3 who presents with a fever must return home until cleared by a medical professional.

4 Staff are not permitted to work when they are sick and are advised to stay home if they

5 develop symptoms of COVID-19 or come into contact with someone who has been

6 exposed. All staff who are potentially exposed have been instructed to follow CDC

7 guidelines for self isolation and medical care. GEO has established a clearance

8 protocol for anyone that has been denied access to the facility due to COVID-19

9 concerns.

10

4. Contractors: Non-emergency contractors are not presently permitted

11 within the LIPC facility.

N

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5. IncominL1 Detainees: The LIPC has also placed restrictions on any new

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detainees who arrive at the facility for detention. All detainees are screened for COVID-19 exposure prior to entering the building. After a medical professional confirms that there are no clinical signs of COVID-19, and that their travel history does not raise significant concerns of exposure. Detainees arrive at LIPC from any location

other than another ICE facility where they have been screened for COVID-19, are
E-
18 housed a different facility, away from LaSalle's existing population, until they can

19 complete a 14-day quarantine period.

20

6. Social Distancing within Living Units: GEO has opened all units to

21 provide for additional space for each detainee in his or her living unit. As a result, the

22 current population in each pod or dorm significantly less than total capacity of each

23 unit. For detainees who are in dorm-style housing, detainees are housed with ample

24 space between them through reduced capacity.

25

7. Social Distancing for Other Activities: GEO has temporarily ended all

26 visits from volunteers to reduce the exposure to outside pathogens. Detainees may still

27

28 52654338;I

4

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF DAVID COLE IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 6 of 34 Page ID #:5403

1 use the law library, but social distancing is practiced by limiting the number of

2 individuals in the law library at any one time. Detainees may still engage in recreation

3 but the number of individuals engaged at a time is limited to a number whereby six (6)

4 feet of distance can be maintained between each detainee. Detainees no longer share

5 recreation time with other housing units and instead are limited to interactions with

6 their own housing units. Further, all equipment is cleaned and disinfected between

7 each use.

8

Enhanced Hygiene Practices

9

8. Supplies: I have assessed GEO's stock of soap and cleaning supplies and

10 all supplies are stocked and not at risk of depleting in the near future. Further, there are

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adequate supplies to provide hand sanitizer throughout the facility. I have a plan in place to keep supply stocks replenished as needed. GEO uses approved cleaning products. GEO uses EPA approved cleaning products that have been demonstrated to be effective against the coronavirus, more specifically the HDQ cleaning product which appears on "List N" of the EPA's approved list of cleaners. That list can be

W¢M 16 accessed here: https://www.epa.(2ov/pesti c ide-registration/li st-n-disi nfectants-use0 17 against-sars-cov-2. The LaSalle ICE Processing Center currently has an ample supply

18 of this cleaning product, which is used to disinfect all hard surfaces.

19

9. Intensified Cleaning. GEO has implemented intensified cleaning of

20 surfaces and objects that are frequently touched, both inside and outside of the secured

21 perimeter. GEO's new policy requires that at a minimum four times a day, all hard

22 surfaces and high-touch areas are cleaned and sanitized, including tables, doorknobs,

23 telephones. GEO uses EPA-registered disinfectants that are represented to be effective

24 against the virus that causes COVID - 19. GEO is not diluting disinfectants below

25 effective levels. GEO has gloves for use with cleaning. Detainees have access to

26 additional bottles of disinfectant in their housing units.

27

28 52654338;I

5

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF DAVID COLE IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 7 of 34 Page ID #:5404

1

10. Reinforced Hygiene: GEO has reinforced healthy Hygiene practices and

2 has made supplied available to encourage safe hygiene practices. GEO plays a video

3 on a loop in all housing areas that demonstrates the proper handwashing technique.

4 GEO has also made the CDC information related to COVID-19 available to all

5 detainees.

6

11. We are in the process of installing hand sanitizer stations at the front of

7 each housing unit.

8

12. All detainees are provided with personal soap and may replenish their

9 soap anytime it runs out. There is no risk that detainees do not receive soap.

10

13. In addition to their personal soap, detainees have access to additional soap

11 at handwashing facilities.

O Fs 12

14. There is also additional soap in the recreation yard for hand washing.

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15. No detainee has ever been required to use shampoo in lieu of soap of cleaning products.
16. There is one detainee who was separated at the request of the medical

"16 services provided by ICE because she is of a higher risk of the illness. She is in a safe
r`,
17 0 • • area away from other detainees for her own protection and receives extensive medical

18 care consistent with her conditions.

19

17. All medical care is provided by the ICE Health Service Corps. ("IHSC").

20 Information about the number of detainees who have been tested would need to be

21 obtained from IHSC.

22

I declare under penalty of perjury under the laws of the United States of America

23 that the foregoing is true and correct and that I executed this Declaration on the 8th day

24 of April, 2020, in Jena, Louisiana.

25

26

David Cole, Declarant

27

28 52654338;1

6

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF DAVID COLE IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 8 of 34 Page ID #:5405
EXHIBIT A
to Declaration of David Cole

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 9 of 34 Page ID #:5406
Centers for Disease Control and Prevention
Coronavirus Disease 2019 (COVID-19)
Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities
This interim guidance is based on what is currently known about the transmission and severity of coronavirus disease 2019 (COVID-19) as of the date of posting, March 23, 2020.
The US Centers for Disease Control and Prevention (CDC) will update this guidance as needed and as additional information becomes available. Please check the CDC website periodically for updated interim guidance.
This document provides interim guidance specific for correctional facilities and detention centers during the outbreak of COVID-19, to ensure continuation of essential public services and protection of the health and safety of incarcerated and detained persons, staff, and visitors. Recommendations may need to be revised as more information becomes available.
Who is the intended audience for this guidance?
This document is intended to provide guiding principles for healthcare and non-healthcare administrators of correctional and detention facilities (including but not limited to federal and state prisons, local jails, and detention centers), law enforcement agencies that have custodial authority for detained populations (i.e., US Immigration and Customs Enforcement and US Marshals Service), and their respective health departments, to assist in preparing for potential introduction, spread, and mitigation of COVID-19 in their facilities. In general, the document uses terminology referring to correctional environments but can also be applied to civil and pre-trial detention settings.
This guidance will not necessarily address every possible custodial setting and may not use legal terminology specific to individual agencies' authorities or processes. The guidance may need to be adapted based on individual facilities' physical space, staffing, population, operations, and other resources and conditions. Facilities should contact CDC or their state, local, territorial, and/or tribal public health department if they need assistance in applying these principles or addressing topics that are not specifically covered in this guidance.
Why is this guidance being issued?
Correctional and detention facilities can include custody, housing, education, recreation, healthcare, food service, and workplace components in a single physical setting. The integration of these components presents unique challenges for control of COVID-19 transmission among incarcerated/detained persons, staff, and visitors. Consistent application of specific preparation, prevention, and management measures can help reduce the risk of transmission and severe disease from COVID-19.

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 1 of 26

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 10 of 34 Page ID #:5407
• Incarcerated/detained persons live, work, eat, study, and recreate within congregate environments, heightening the potential for COVID-19 to spread once introduced.
• In most cases, incarcerated/detained persons are not permitted to leave the facility. • There are many opportunities for COVID-19 to be introduced into a correctional or detention facility, including daily
staff ingress and egress; transfer of incarcerated/detained persons between facilities and systems, to court appearances, and to outside medical visits; and visits from family, legal representatives, and other community members. Some settings, particularly jails and detention centers, have high turnover, admitting new entrants daily who may have been exposed to COVID-19 in the surrounding community or other regions. • Persons incarcerated/detained in a particular facility often come from a variety of locations, increasing the potential to introduce COVID-19 from different geographic areas. • Options for medical isolation of COVID-19 cases are limited and vary depending on the type and size of facility, as well as the current level of available capacity, which is partly based on medical isolation needs for other conditions. • Adequate levels of custody and healthcare staffing must be maintained to ensure safe operation of the facility, and options to practice social distancing through work alternatives such as working from home or reduced/alternate schedules are limited for many staff roles. • Correctional and detention facilities can be complex, multi-employer settings that include government and private employers. Each is organizationally distinct and responsible for its own operational, personnel, and occupational health protocols and may be prohibited from issuing guidance or providing services to other employers or their staff within the same setting. Similarly, correctional and detention facilities may house individuals from multiple law enforcement agencies or jurisdictions subject to different policies and procedures. • Incarcerated/detained persons and staff may have medical conditions that increase their risk of severe disease from COVID-19.
• Because limited outside information is available to many incarcerated/detained persons, unease and misinformation regarding the potential for COVID-19 spread may be high, potentially creating security and morale challenges.
• The ability of incarcerated/detained persons to exercise disease prevention measures (e.g., frequent handwashing) may be limited and is determined by the supplies provided in the facility and by security considerations. Many facilities restrict access to soap and paper towels and prohibit alcohol-based hand sanitizer and many disinfectants.
• Incarcerated persons may hesitate to report symptoms of COVID-19 or seek medical care due to co-pay requirements and fear of isolation.
CDC has issued separate COVID-19 guidance addressing healthcare infection control and clinical care of COVID-19 cases as well as close contacts of cases in community-based settings. Where relevant, community-focused guidance documents are referenced in this document and should be monitored regularly for updates, but they may require adaptation for correctional and detention settings.
This guidance document provides additional recommended best practices specifically for correctional and detention facilities. At this time, different facility types (e.g., prison vs. jail) and sizes are not differentiated. Administrators and agencies should adapt these guiding principles to the specific needs of their facility.
What topics does this guidance include?
The guidance below includes detailed recommendations on the following topics related to COVID-19 in correctional and detention settings:

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• Operational and communications preparations for COVID-19 • Enhanced cleaning/disinfecting and hygiene practices • Social distancing strategies to increase space between individuals in the facility • How to limit transmission from visitors • Infection control, including recommended personal protective equipment (PPE) and potential alternatives during
PPE shortages • Verbal screening and temperature check protocols for incoming incarcerated/detained individuals, staff, and visitors • Medical isolation of confirmed and suspected cases and quarantine of contacts, including considerations for
cohorting when individual spaces are limited • Healthcare evaluation for suspected cases, including testing for COVID-19 • Clinical care for confirmed and suspected cases • Considerations for persons at higher risk of severe disease from COVID-19
Definitions of Commonly Used Terms
Close contact of a COVID-19 case - In the context of COVID-19, an individual is considered a close contact if they a) have been within approximately 6 feet of a COVID-19 case for a prolonged period of time or b) have had direct contact with infectious secretions from a COVID-19 case (e.g., have been coughed on). Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID-19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
Cohorting - Cohorting refers to the practice of isolating multiple laboratory-confirmed COVID-19 cases together as a group, or quarantining close contacts of a particular case together as a group. Ideally, cases should be isolated individually, and close contacts should be quarantined individually. However, some correctional facilities and detention centers do not have enough individual cells to do so and must consider cohorting as an alternative. See Quarantine and Medical Isolation sections below for specific details about ways to implement cohorting to minimize the risk of disease spread and adverse health outcomes.
Community transmission of COVID-19 - Community transmission of COVID-19 occurs when individuals acquire the disease through contact with someone in their local community, rather than through travel to an affected location. Once community transmission is identified in a particular area, correctional facilities and detention centers are more likely to start seeing cases inside their walls. Facilities should consult with local public health departments if assistance is needed in determining how to define "local community" in the context of COVID-19 spread. However, because all states have reported cases, all facilities should be vigilant for introduction into their populations.
Confirmed vs. Suspected COVID-19 case - A confirmed case has received a positive result from a COVID-19 laboratory test, with or without symptoms. A suspected case shows symptoms of COVID-19 but either has not been tested or is awaiting test results. If test results are positive, a suspected case becomes a confirmed case.
Incarcerated/detained persons - For the purpose of this document, "incarcerated/detained persons" refers to persons held in a prison, jail, detention center, or other custodial setting where these guidelines are generally applicable. The term includes those who have been sentenced (i.e., in prisons) as well as those held for pre-trial (i.e., jails) or civil purposes (i.e,

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detention centers). Although this guidance does not specifically reference individuals in every type of custodial setting (e.g., juvenile facilities, community confinement facilities), facility administrators can adapt this guidance to apply to their specific circumstances as needed.
Medical Isolation - Medical isolation refers to confining a confirmed or suspected COVID-19 case (ideally to a single cell with solid walls and a solid door that closes), to prevent contact with others and to reduce the risk of transmission. Medical isolation ends when the individual meets pre-established clinical and/or testing criteria for release from isolation, in consultation with clinical providers and public health officials (detailed in guidance below). In this context, isolation does NOT refer to punitive isolation for behavioral infractions within the custodial setting. Staff are encouraged to use the term "medical isolation" to avoid confusion.
Quarantine - Quarantine refers to the practice of confining individuals who have had close contact with a COVID-19 case to determine whether they develop symptoms of the disease. Quarantine for COVID-19 should last for a period of 14 days. Ideally, each quarantined individual would be quarantined in a single cell with solid walls and a solid door that closes. If symptoms develop during the 14-day period, the individual should be placed under medical isolation and evaluated for COVID-19. If symptoms do not develop, movement restrictions can be lifted, and the individual can return to their previous residency status within the facility.
Social Distancing - Social distancing is the practice of increasing the space between individuals and decreasing the frequency of contact to reduce the risk of spreading a disease (ideally to maintain at least 6 feet between all individuals, even those who are asymptomatic). Social distancing strategies can be applied on an individual level (e.g., avoiding physical contact), a group level (e.g., canceling group activities where individuals will be in close contact), and an operational level (e.g., rearranging chairs in the dining hall to increase distance between them). Although social distancing is challenging to practice in correctional and detention environments, it is a cornerstone of reducing transmission of respiratory diseases such as COVID-19. Additional information about social distancing, including information on its use to reduce the spread of other viral illnesses, is available in this CDC publication El .
Staff - In this document, "staff" refers to all public sector employees as well as those working for a private contractor within a correctional facility (e.g., private healthcare or food service). Except where noted, "staff' does not distinguish between healthcare, custody, and other types of staff including private facility operators.
Symptoms - Symptoms of COVID-19 include fever, cough, and shortness of breath. Like other respiratory infections, COVID-19 can vary in severity from mild to severe. When severe, pneumonia, respiratory failure, and death are possible. COVID-19 is a novel disease, therefore the full range of signs and symptoms, the clinical course of the disease, and the individuals and populations most at risk for disease and complications are not yet fully understood. Monitor the CDC website for updates on these topics.
Facilities with Limited Onsite Healthcare Services
Although many large facilities such as prisons and some jails usually employ onsite healthcare staff and have the capacity to evaluate incarcerated/detained persons for potential illness within a dedicated healthcare space, many smaller facilities do not. Some of these facilities have access to on-call healthcare staff or providers who visit the facility every few days. Others have neither onsite healthcare capacity nor onsite medical isolation/quarantine space and must transfer ill patients to other correctional or detention facilities or local hospitals for evaluation and care.

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The majority of the guidance below is designed to be applied to any correctional or detention facility, either as written or with modifications based on a facility's individual structure and resources. However, topics related to healthcare evaluation and clinical care of confirmed and suspected COVID-19 cases and their close contacts may not apply directly to facilities with limited or no onsite healthcare services. It will be especially important for these types of facilities to coordinate closely with their state, local, tribal, and/or territorial health department when they encounter confirmed or suspected cases among incarcerated/detained persons or staff, in order to ensure effective medical isolation and quarantine, necessary medical evaluation and care, and medical transfer if needed. The guidance makes note of strategies tailored to facilities without onsite healthcare where possible.
Note that all staff in any sized facility, regardless of the presence of onsite healthcare services, should observe guidance on recommended PPE in order to ensure their own safety when interacting with confirmed and suspected COVID-19 cases. Facilities should make contingency plans for the likely event of PPE shortages during the COVID-19 pandemic.
COVID-19 Guidance for Correctional Facilities
Guidance for correctional and detention facilities is organized into 3 sections: Operational Preparedness, Prevention, and Management of COVID-19. Recommendations across these sections can be applied simultaneously based on the progress of the outbreak in a particular facility and the surrounding community.
• Operational Preparedness. This guidance is intended to help facilities prepare for potential COVID-19 transmission in the facility. Strategies focus on operational and communications planning and personnel practices.
• Prevention. This guidance is intended to help facilities prevent spread of COVID-19 from outside the facility to inside. Strategies focus on reinforcing hygiene practices, intensifying cleaning and disinfection of the facility, screening (new intakes, visitors, and staff), continued communication with incarcerated/detained persons and staff, and social distancing measures (increasing distance between individuals).
• Management. This guidance is intended to help facilities clinically manage confirmed and suspected COVID-19 cases inside the facility and prevent further transmission. Strategies include medical isolation and care of incarcerated/detained persons with symptoms (including considerations for cohorting), quarantine of cases' close contacts, restricting movement in and out of the facility, infection control practices for individuals interacting with cases and quarantined contacts or contaminated items, intensified social distancing, and cleaning and disinfecting areas visited by cases.
Operational Preparedness
Administrators can plan and prepare for COVID-19 by ensuring that all persons in the facility know the symptoms of COVID-19 and how to respond if they develop symptoms. Other essential actions include developing contingency plans for reduced workforces due to absences, coordinating with public health and correctional partners, and communicating clearly with staff and incarcerated/detained persons about these preparations and how they may temporarily alter daily life.
Communication & Coordination
• Develop information-sharing systems with partners. o Identify points of contact in relevant state, local, tribal, and/or territorial public health departments before cases develop. Actively engage with the health department to understand in advance which entity has jurisdiction to implement public health control measures for COVID-19 in a particular correctional or detention

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facility. o Create and test communications plans to disseminate critical information to incarcerated/detained persons,
staff, contractors, vendors, and visitors as the pandemic progresses. o Communicate with other correctional facilities in the same geographic area to share information including
disease surveillance and absenteeism patterns among staff. o Where possible, put plans in place with other jurisdictions to prevent confirmed and suspected COVID-19 cases
and their close contacts from being transferred between jurisdictions and facilities unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding. o Stay informed about updates to CDC guidance via the CDC COVID-19 website as more information becomes known.
• Review existing pandemic flu, all-hazards, and disaster plans, and revise for COVID-19. o Ensure that physical locations (dedicated housing areas and bathrooms) have been identified to isolate confirmed COVID-19 cases and individuals displaying COVID-19 symptoms, and to quarantine known close contacts of cases. (Medical isolation and quarantine locations should be separate). The plan should include contingencies for multiple locations if numerous cases and/or contacts are identified and require medical isolation or quarantine simultaneously. See Medical Isolation and Quarantine sections below for details regarding individual medical isolation and quarantine locations (preferred) vs. cohorting.
o Facilities without onsite healthcare capacity should make a plan for how they will ensure that suspected COVID19 cases will be isolated, evaluated, tested (if indicated), and provided necessary medical care.
o Make a list of possible social distancing strategies that could be implemented as needed at different stages of transmission intensity.
o Designate officials who will be authorized to make decisions about escalating or de-escalating response efforts as the epidemiologic context changes.
• Coordinate with local law enforcement and court officials. o Identify lawful alternatives to in-person court appearances, such as virtual court, as a social distancing measure to reduce the risk of COVID-19 transmission. o Explore strategies to prevent over-crowding of correctional and detention facilities during a community outbreak.
• Post signage throughout the facility communicating the following: o For all: symptoms of COVID-19 and hand hygiene instructions o For incarcerated/detained persons: report symptoms to staff o For staff: stay at home when sick; if symptoms develop while on duty, leave the facility as soon as possible and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms including self-isolating at home, contacting their healthcare provider as soon as possible to determine whether they need to be evaluated and tested, and contacting their supervisor. o Ensure that signage is understandable for non-English speaking persons and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision.
Personnel Practices
• Review the sick leave policies of each employer that operates in the facility.

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o Review policies to ensure that they actively encourage staff to stay home when sick. o If these policies do not encourage staff to stay home when sick, discuss with the contract company. o Determine which officials will have the authority to send symptomatic staff home.
• Identify staff whose duties would allow them to work from home. Where possible, allowing staff to work from home can be an effective social distancing strategy to reduce the risk of COVID-19 transmission. o Discuss work from home options with these staff and determine whether they have the supplies and technological equipment required to do so. o put systems in place to implement work from home programs (e.g., time tracking, etc.).
• Plan for staff absences. Staff should stay home when they are sick, or they may need to stay home to care for a sick household member or care for children in the event of school and childcare dismissals. o Allow staff to work from home when possible, within the scope of their duties. o Identify critical job functions and plan for alternative coverage by cross-training staff where possible. o Determine minimum levels of staff in all categories required for the facility to function safely. If possible, develop a plan to secure additional staff if absenteeism due to COVID-19 threatens to bring staffing to minimum levels. o Consider increasing keep on person (KOP) medication orders to cover 30 days in case of healthcare staff shortages.
• Consider offering revised duties to staff who are at higher risk of severe illness with COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions including lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue. o Facility administrators should consult with their occupational health providers to determine whether it would be allowable to reassign duties for specific staff members to reduce their likelihood of exposure to COVID-19.
• Offer the seasonal influenza vaccine to all incarcerated/detained persons (existing population and new intakes) and staff throughout the influenza season. Symptoms of COVID-19 are similar to those of influenza. Preventing influenza cases in a facility can speed the detection of COVID-19 cases and reduce pressure on healthcare resources.
• Reference the Occupational Safety and Health Administration website Cl for recommendations regarding worker health.
• Review CDC's guidance for businesses and employers to identify any additional strategies the facility can use within its role as an employer.
Operations & Supplies
• Ensure that sufficient stocks of hygiene supplies, cleaning supplies, PPE, and medical supplies (consistent with the healthcare capabilities of the facility) are on hand and available, and have a plan in place to restock as needed if COVID-19 transmission occurs within the facility. o Standard medical supplies for daily clinic needs o Tissues o Liquid soap when possible. If bar soap must be used, ensure that it does not irritate the skin and thereby

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discourage frequent hand washing. o Hand drying supplies o Alcohol-based hand sanitizer containing at least 60% alcohol (where permissible based on security restrictions)
o Cleaning supplies, including EPA-registered disinfectants effective against the virus that causes COVID-19 El o Recommended PPE (facemasks, N95 respirators, eye protection, disposable medical gloves, and disposable
gowns/one-piece coveralls). See PPE section and Table 1 for more detailed information, including recommendations for extending the life of all PPE categories in the event of shortages, and when face masks are acceptable alternatives to N95s. Visit CDC's website for a calculator to help determine rate of PPE usage. o Sterile viral transport media and sterile swabs to collect nasopharyngeal specimens if COVID-19 testing is indicated
• Make contingency plans for the probable event of PPE shortages during the COVID-19 pandemic, particularly for non-healthcare workers. o See CDC guidance optimizing PPE supplies.
• Consider relaxing restrictions on allowing alcohol-based hand sanitizer in the secure setting where security concerns allow. If soap and water are not available, CDC recommends cleaning hands with an alcoholbased hand sanitizer that contains at least 60% alcohol. Consider allowing staff to carry individual-sized bottles for their personal hand hygiene while on duty.
• Provide a no-cost supply of soap to incarcerated/detained persons, sufficient to allow frequent_ hand washing. (See Hygiene section below for additional detail regarding recommended frequency and protocol for hand washing.) o Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin and thereby discourage frequent hand washing.
• If not already in place, employers operating within the facility should establish a respiratory protection program as appropriate, to ensure that staff and incarcerated/detained persons are fit tested for any respiratory protection they will need within the scope of their responsibilities.
• Ensure that staff and incarcerated/detained persons are trained to correctly don, doff, and dispose of PPE that they will need to use within the scope of their responsibilities. See Table 1 for recommended PPE for incarcerated/detained persons and staff with varying levels of contact with COVID-19 cases or their close contacts.
Prevention
Cases of COVID-19 have been documented in all 50 US states. Correctional and detention facilities can prevent introduction of COVID-19 from the community and reduce transmission if it is already inside by reinforcing good hygiene practices among incarcerated/detained persons, staff, and visitors (including increasing access to soap and paper towels), intensifying cleaning/disinfection practices, and implementing social distancing strategies.
Because many individuals infected with COVID-19 do not display symptoms, the virus could be present in facilities before cases are identified. Both good hygiene practices and social distancing are critical in preventing further transmission.
Operations

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• Stay in communication with partners about your facility's current situation. o State, local, territorial, and/or tribal health departments o Other correctional facilities
• Communicate with the public about any changes to facility operations, including visitation programs. • Restrict transfers of incarcerated/detained persons to and from other jurisdictions and facilities unless
necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding.
o Strongly consider postponing non-urgent outside medical visits.
o If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case - including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to properly isolate the individual upon arrival. Ensure that staff transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
• Implement lawful alternatives to in-person court appearances where permissible.
• Where relevant, consider suspending co-pays for incarcerated/detained persons seeking medical evaluation for respiratory symptoms.
• Limit the number of operational entrances and exits to the facility.
Cleaning and Disinfecting Practices
• Even if COVID-19 cases have not yet been identified inside the facility or in the surrounding community, begin implementing intensified cleaning and disinfecting procedures according to the recommendations below. These measures may prevent spread of COVID-19 if introduced.
• Adhere to CDC recommendations for cleaning and disinfection during the COVID-19 response. Monitor these recommendations for updates. o several times per day, clean and disinfect surfaces and objects that are frequently touched, especially in common areas. Such surfaces may include objects/surfaces not ordinarily cleaned daily (e.g., doorknobs, light switches, sink handles, countertops, toilets, toilet handles, recreation equipment, kiosks, and telephones). o Staff should clean shared equipment several times per day and on a conclusion of use basis (e.g., radios, service weapons, keys, handcuffs).
o Use household cleaners and EPA-registered disinfectants effective against the virus that causes COVID-19 Cl
as appropriate for the surface, following label instructions. This may require lifting restrictions on undiluted disinfectants. o Labels contain instructions for safe and effective use of the cleaning product, including precautions that should be taken when applying the product, such as wearing gloves and making sure there is good ventilation during use • Consider increasing the number of staff and/or incarcerated/detained persons trained and responsible for cleaning common areas to ensure continual cleaning of these areas throughout the day. • Ensure adequate supplies to support intensified cleaning and disinfection practices, and have a plan in place to restock rapidly if needed.

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Hygiene
• Reinforce healthy hygiene practices, and provide and continually restock hygiene supplies throughout the facility, including in bathrooms, food preparation and dining areas, intake areas, visitor entries and exits, visitation rooms and waiting rooms, common areas, medical, and staff-restricted areas (e.g., break rooms).
• Encourage all persons in the facility to take the following actions to protect themselves and others from COVID-19. Post signage throughout the facility, and communicate this information verbally on a regular basis. Sample signage and other communications materials are available on the CDC website. Ensure that materials can be understood by non-English speakers and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision. o Practice good cough etiquette: Cover your mouth and nose with your elbow (or ideally with a tissue) rather than with your hand when you cough or sneeze, and throw all tissues in the trash immediately after use. o Practice good hand hygiene: Regularly wash your hands with soap and water for at least 20 seconds, especially after coughing, sneezing, or blowing your nose; after using the bathroom; before eating or preparing food; before taking medication; and after touching garbage. o Avoid touching your eyes, nose, or mouth without cleaning your hands first.
o Avoid sharing eating utensils, dishes, and cups. o Avoid non-essential physical contact.
• Provide incarcerated/detained persons and staff no-cost access to: o Soap - Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin, as this would discourage frequent hand washing. o Running water, and hand drying machines or disposable paper towels for hand washing o Tissues and no-touch trash receptacles for disposal
• Provide alcohol-based hand sanitizer with at least 60% alcohol where permissible based on security restrictions. Consider allowing staff to carry individual-sized bottles to maintain hand hygiene.
• Communicate that sharing drugs and drug preparation equipment can spread COVID-19 due to potential contamination of shared items and close contact between individuals.
Prevention Practices for Incarcerated/Detained Persons
• Perform pre-intake screening and temperature checks for all new entrants. Screening should take place in the sallyport, before beginning the intake process, in order to identify and immediately place individuals with symptoms under medical isolation. See Screening section below for the wording of screening questions and a recommended procedure to safely perform a temperature check. Staff performing temperature checks should wear recommended PPE (see PPE section below). o If an individual has symptoms of COVID-19 (fever, cough, shortness of breath): ■ Require the individual to wear a face mask. ■ Ensure that staff who have direct contact with the symptomatic individual wear recommended PPE. ■ Place the individual under medical isolation (ideally in a room near the screening location, rather than transporting the ill individual through the facility), and refer to healthcare staff for further evaluation. (See Infection Control and Clinical Care sections below.) ■ Facilities without onsite healthcare staff should contact their state, local, tribal, and/or territorial health

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department to coordinate effective medical isolation and necessary medical care. o If an individual is a close contact of a known COVID-19 case (but has no COVID-19 symptoms):
• Quarantine the individual and monitor for symptoms two times per day for 14 days. (See Quarantine section below.)
■ Facilities without onsite healthcare staff should contact their state, local, tribal, and/or territorial health department to coordinate effective quarantine and necessary medical care.
• Implement social distancing strategies to increase the physical space between incarcerated/detained persons (ideally 6 feet between all individuals, regardless of the presence of symptoms). Strategies will need to be tailored to the individual space in the facility and the needs of the population and staff. Not all strategies will be feasible in all facilities. Example strategies with varying levels of intensity include: o Common areas: ■ Enforce increased space between individuals in holding cells, as well as in lines and waiting areas such as intake (e.g., remove every other chair in a waiting area)
o Recreation: ■ Choose recreation spaces where individuals can spread out ■ Stagger time in recreation spaces ■ Restrict recreation space usage to a single housing unit per space (where feasible)
o Meals: ■ Stagger meals
• Rearrange seating in the dining hall so that there is more space between individuals (e.g., remove every other chair and use only one side of the table)
■ Provide meals inside housing units or cells
o Group activities: • Limit the size of group activities
• Increase space between individuals during group activities ■ Suspend group programs where participants are likely to be in closer contact than they are in their
housing environment
■ Consider alternatives to existing group activities, in outdoor areas or other areas where individuals can spread out
o Housing: ■ If space allows, reassign bunks to provide more space between individuals, ideally 6 feet or more in all directions. (Ensure that bunks are cleaned thoroughly if assigned to a new occupant.)
■ Arrange bunks so that individuals sleep head to foot to increase the distance between them ■ Rearrange scheduled movements to minimize mixing of individuals from different housing areas
o Medical: ■ If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit. If this is not feasible, consider staggering sick call. ■ Designate a room near the intake area to evaluate new entrants who are flagged by the intake screening process for COVID-19 symptoms or case contact, before they move to other parts of the facility.
• Communicate clearly and frequently with incarcerated/detained persons about changes to their daily routine and how they can contribute to risk reduction.

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• Note that if group activities are discontinued, it will be important to identify alternative forms of activity to support the mental health of incarcerated/detained persons.
• Consider suspending work release programs and other programs that involve movement of incarcerated/detained individuals in and out of the facility.
• Provide up-to-date information about COVID-19 to incarcerated/detained persons on a regular basis, including: o Symptoms of COVID-19 and its health risks o Reminders to report COVID-19 symptoms to staff at the first sign of illness
• Consider having healthcare staff perform rounds on a regular basis to answer questions about COVID19.
Prevention Practices for Staff
• Remind staff to stay at home if they are sick. Ensure that staff are aware that they will not be able to enter the facility if they have symptoms of COVID-19, and that they will be expected to leave the facility as soon as possible if they develop symptoms while on duty.
• Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all staff daily on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks. o In very small facilities with only a few staff, consider self-monitoring or virtual monitoring (e.g., reporting to a central authority via phone). o Send staff home who do not clear the screening process, and advise them to follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
• Provide staff with up-to-date information about COVID-19 and about facility policies on a regular basis, including: o symptoms of COVID-19 and its health risks o Employers' sick leave policy o If staff develop a fever, cough, or shortness of breath while at work: immediately put on a face mask, inform supervisor, leave the facility, and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms. o If staff test positive for COVID-19: inform workplace and personal contacts immediately, and do not return to work until a decision to discontinue home medical isolation precautions is made. Monitor CDC guidance on discontinuing home isolation regularly as circumstances evolve rapidly. o If a staff member is identified as a close contact of a COVID-19 case (either within the facility or in the community): self-quarantine at home for 14 days and return to work if symptoms do not develop. If symptoms do develop, follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
• If a staff member has a confirmed COVID-19 infection, the relevant employers should inform other staff about their possible exposure to COVID-19 in the workplace, but should maintain confidentiality as required by the Americans with Disabilities Act. o Employees who are close contacts of the case should then self-monitor for symptoms (i.e., fever, cough, or shortness of breath).
• When feasible and consistent with security priorities, encourage staff to maintain a distance of 6 feet or more from an individual with respiratory symptoms while interviewing, escorting, or interacting in

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other ways.
• Ask staff to keep interactions with individuals with respiratory symptoms as brief as possible.
Prevention Practices for Visitors
• If possible, communicate with potential visitors to discourage contact visits in the interest of their own health and the health of their family members and friends inside the facility.
• Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all visitors and volunteers on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks. o Staff performing temperature checks should wear recommended PPE.
o Exclude visitors and volunteers who do not clear the screening process or who decline screening.
• Provide alcohol-based hand sanitizer with at least 60% alcohol in visitor entrances, exits, and waiting areas.
• Provide visitors and volunteers with information to prepare them for screening. o Instruct visitors to postpone their visit if they have symptoms of respiratory illness.
o If possible, inform potential visitors and volunteers before they travel to the facility that they should expect to be screened for COVID-19 (including a temperature check), and will be unable to enter the facility if they do not clear the screening process or if they decline screening.
o Display signage outside visiting areas explaining the COVID-19 screening and temperature check process. Ensure that materials are understandable for non-English speakers and those with low literacy.
• Promote non-contact visits: o Encourage incarcerated/detained persons to limit contact visits in the interest of their own health and the health of their visitors. o Consider reducing or temporarily eliminating the cost of phone calls for incarcerated/detained persons. o Consider increasing incarcerated/detained persons' telephone privileges to promote mental health and reduce exposure from direct contact with community visitors.
• Consider suspending or modifying visitation programs, if legally permissible. For example, provide access to virtual visitation options where available. o If moving to virtual visitation, clean electronic surfaces regularly. (See Cleaning guidance below for instructions on cleaning electronic surfaces.) o Inform potential visitors of changes to, or suspension of, visitation programs. o Clearly communicate any visitation program changes to incarcerated/detained persons, along with the reasons for them (including protecting their health and their family and community members' health). o If suspending contact visits, provide alternate means (e.g., phone or video visitation) for incarcerated/detained individuals to engage with legal representatives, clergy, and other individuals with whom they have legal right to consult.
NOTE: Suspending visitation would be done in the interest of incarcerated/detained persons' physical health and the health of the general public. However, visitation is important to maintain mental health. If visitation is suspended, facilities should explore alternative ways for incarcerated/detained persons to communicate with their families, friends, and other visitors in a way that is not financially burdensome for them. See above suggestions for promoting non-contact visits.

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• Restrict non-essential vendors, volunteers, and tours from entering the facility.
Management
If there has been a suspected COVID-19 case inside the facility (among incarcerated/detained persons, staff, or visitors who have recently been inside), begin implementing Management strategies while test results are pending. Essential Management strategies include placing cases and individuals with symptoms under medical isolation, quarantining their close contacts, and facilitating necessary medical care, while observing relevant infection control and environmental disinfection protocols and wearing recommended PPE.
Operations
• Implement alternate work arrangements deemed feasible in the Operational Preparedness
• Suspend all transfers of incarcerated/detained persons to and from other jurisdictions and facilities (including work release where relevant), unless necessary for medical evaluation, medical isolation/quarantine, care, extenuating security concerns, or to prevent overcrowding. o If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case - including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to appropriately isolate the individual upon arrival. Ensure that staff transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
• If possible, consider quarantining all new intakes for 14 days before they enter the facility's general population (SEPARATELY from other individuals who are quarantined due to contact with a COVID-19 case). Subsequently in this document, this practice is referred to as routine intake quarantine.
• When possible, arrange lawful alternatives to in-person court appearances.
• Incorporate screening for COVID-19 symptoms and a temperature check into release planning. o Screen all releasing individuals for COVID-19 symptoms and perform a temperature check. (See Screening section below.) ■ If an individual does not clear the screening process, follow the protocol for a suspected COVID-19 case including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. ■ If the individual is released before the recommended medical isolation period is complete, discuss release of the individual with state, local, tribal, and/or territorial health departments to ensure safe medical transport and continued shelter and medical care, as part of release planning. Make direct linkages to community resources to ensure proper medical isolation and access to medical care. ■ Before releasing an incarcerated/detained individual with COVID-19 symptoms to a community-based facility, such as a homeless shelter, contact the facility's staff to ensure adequate time for them to prepare to continue medical isolation, or contact local public health to explore alternate housing options.
• Coordinate with state, local, tribal, and/or territorial health departments. o when a COVID-19 case is suspected, work with public health to determine action. See Medical Isolation section below.
o When a COVID-19 case is suspected or confirmed, work with public health to identify close contacts who should be placed under quarantine. See Quarantine section below.

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o Facilities with limited onsite medical isolation, quarantine, and/or healthcare services should coordinate closely with state, local, tribal, and/or territorial health departments when they encounter a confirmed or suspected case, in order to ensure effective medical isolation or quarantine, necessary medical evaluation and care, and medical transfer if needed. See Facilities with Limited Onsite Healthcare Services section.
Hygiene
• Continue to ensure that hand hygiene supplies are well-stocked in all areas of the facility. (See above.) • Continue to emphasize practicing good hand hygiene and cough etiquette. (See above.)
Cleaning and Disinfecting Practices
• Continue adhering to recommended cleaning and disinfection procedures for the facility at large. (See above.)
• Reference specific cleaning and disinfection procedures for areas where a COVID-19 case has spent time (below).
Medical Isolation of Confirmed or Suspected COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without sufficient space to implement effective medical isolation, should coordinate with local public health officials to ensure that COVID-19 cases will be appropriately isolated, evaluated, tested (if indicated), and given care.
• As soon as an individual develops symptoms of COVID-19, they should wear a face mask (if it does not restrict breathing) and should be immediately placed under medical isolation in a separate environment from other individuals.
• Keep the individual's movement outside the medical isolation space to an absolute minimum. o Provide medical care to cases inside the medical isolation space. See Infection Control and Clinical Care sections for additional details. o Serve meals to cases inside the medical isolation space. o Exclude the individual from all group activities. o Assign the isolated individual a dedicated bathroom when possible.
• Ensure that the individual is wearing a face mask at all times when outside of the medical isolation space, and whenever another individual enters. Provide clean masks as needed. Masks should be changed at least daily, and when visibly soiled or wet.
• Facilities should make every possible effort to place suspected and confirmed COVID-19 cases under medical isolation individually. Each isolated individual should be assigned their own housing space and bathroom where possible. Cohorting should only be practiced if there are no other available options. o If cohorting is necessary: s Only individuals who are laboratory confirmed COVID-19 cases should be placed under medical isolation as a cohort. Do not cohort confirmed cases with suspected cases or case contacts. ■ Unless no other options exist, do not house COVID-19 cases with individuals who have an undiagnosed respiratory infection.

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■ Ensure that cohorted cases wear face masks at all times. o In order of preference, individuals under medical isolation should be housed:
■ Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully ■ Separately, in single cells with solid walls but without solid doors ■ As a cohort, in a large, well-ventilated cell with solid walls and a solid door that closes fully. Employ social
distancing strategies related to housing in the Prevention section above. ■ As a cohort, in a large, well-ventilated cell with solid walls but without a solid door. Employ social
distancing strategies related to housing in the Prevention section above. ■ As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars),
preferably with an empty cell between occupied cells. (Although individuals are in single cells in this scenario, the airflow between cells essentially makes it a cohort arrangement in the context of COVID-19.) ■ As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section above. ■ Safely transfer individual(s) to another facility with available medical isolation capacity in one of the above arrangements (NOTE - Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
If the ideal choice does not exist in a facility, use the next best alternative.
• If the number of confirmed cases exceeds the number of individual medical isolation spaces available in the facility, be especially mindful of cases who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other infected individuals. If cohorting is unavoidable, make all possible accommodations to prevent transmission of other infectious diseases to the higher-risk individual. (For example, allocate more space for a higher-risk individual within a shared medical isolation space.) o persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
o Note that incarcerated/detained populations have higher prevalence of infectious and chronic diseases and are in poorer health than the general population, even at younger ages.
• Custody staff should be designated to monitor these individuals exclusively where possible. These staff should wear recommended PPE as appropriate for their level of contact with the individual under medical isolation (see PPE section below) and should limit their own movement between different parts of the facility to the extent possible.
• Minimize transfer of COVID-19 cases between spaces within the healthcare unit.
• Provide individuals under medical isolation with tissues and, if permissible, a lined no-touch trash receptacle. Instruct them to: o cover their mouth and nose with a tissue when they cough or sneeze o Dispose of used tissues immediately in the lined trash receptacle
o Wash hands immediately with soap and water for at least 20 seconds. If soap and water are not available, clean hands with an alcohol-based hand sanitizer that contains at least 60% alcohol (where security concerns permit). Ensure that hand washing supplies are continually restocked.
• Maintain medical isolation until all the following criteria have been met. Monitor the CDC website for

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updates to these criteria. o For individuals who will be tested to determine if they are still contagious: ■ The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND
■ The individual's other symptoms have improved (e.g., cough, shortness of breath) AND ■ The individual has tested negative in at least two consecutive respiratory specimens collected at least 24
hours apart
o For individuals who will NOT be tested to determine if they are still contagious: ■ The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND ■ The individual's other symptoms have improved (e.g., cough, shortness of breath) AND ■ At least 7 days have passed since the first symptoms appeared
o For individuals who had a confirmed positive COVID-19 test but never showed symptoms: ■ At least 7 days have passed since the date of the individual's first positive COVID-19 test AND ■ The individual has had no subsequent illness
• Restrict cases from leaving the facility while under medical isolation precautions, unless released from custody or if a transfer is necessary for medical care, infection control, lack of medical isolation space, or extenuating security concerns. o If an incarcerated/detained individual who is a COVID-19 case is released from custody during their medical isolation period, contact public health to arrange for safe transport and continuation of necessary medical care and medical isolation as part of release planning.
Cleaning Spaces where COVID-19 Cases Spent Time
• Thoroughly clean and disinfect all areas where the confirmed or suspected COVID-19 case spent time. Note — these protocols apply to suspected cases as well as confirmed cases, to ensure adequate disinfection in the event that the suspected case does, in fact, have COVID-19. Refer to the Definitions section for the distinction between confirmed and suspected cases. o Close off areas used by the infected individual. If possible, open outside doors and windows to increase air circulation in the area. Wait as long as practical, up to 24 hours under the poorest air exchange conditions (consult CDC Guidelines for Environmental Infection Control in Health-Care Facilities for wait time based on different ventilation conditions), before beginning to clean and disinfect, to minimize potential for exposure to respiratory droplets.
o Clean and disinfect all areas (e.g., cells, bathrooms, and common areas) used by the infected individual, focusing especially on frequently touched surfaces (see list above in Prevention section).
• Hard (non-porous) surface cleaning and disinfection o If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection.
o For disinfection, most common EPA-registered household disinfectants should be effective. Choose cleaning products based on security requirements within the facility. ■ Consult a list of products that are EPA-approved for use against the virus that causes COVID-19 E . Follow the manufacturer's instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.). ■ Diluted household bleach solutions can be used if appropriate for the surface. Follow the manufacturer's instructions for application and proper ventilation, and check to ensure the product is not past its

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expiration date. Never mix household bleach with ammonia or any other cleanser. Unexpired household bleach will be effective against coronaviruses when properly diluted. Prepare a bleach solution by mixing:
n 5 tablespoons (1/3rd cup) bleach per gallon of water or • 4 teaspoons bleach per quart of water • Soft (porous) surface cleaning and disinfection o For soft (porous) surfaces such as carpeted floors and rugs, remove visible contamination if present and clean with appropriate cleaners indicated for use on these surfaces. After cleaning: • If the items can be laundered, launder items in accordance with the manufacturer's instructions using the warmest appropriate water setting for the items and then dry items completely. • Otherwise, use products that are EPA-approved for use against the virus that causes COVID-19 Ell and are suitable for porous surfaces.
• Electronics cleaning and disinfection o For electronics such as tablets, touch screens, keyboards, and remote controls, remove visible contamination if present. • Follow the manufacturer's instructions for all cleaning and disinfection products.
• Consider use of wipeable covers for electronics.
• If no manufacturer guidance is available, consider the use of alcohol-based wipes or spray containing at least 70% alcohol to disinfect touch screens. Dry surfaces thoroughly to avoid pooling of liquids.
Additional information on cleaning and disinfection of communal facilities such can be found on CDC's website.
• Ensure that staff and incarcerated/detained persons performing cleaning wear recommended PPE. (See PPE section below.)
• Food service items. Cases under medical isolation should throw disposable food service items in the trash in their medical isolation room. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
• Laundry from a COVID-19 cases can be washed with other individuals' laundry. o Individuals handling laundry from COVID-19 cases should wear disposable gloves, discard after each use, and clean their hands after. o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. o Launder items as appropriate in accordance with the manufacturer's instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely. o Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
• Consult cleaning recommendations above to ensure that transport vehicles are thoroughly cleaned after carrying a confirmed or suspected COVID-19 case.
Quarantining Close Contacts of COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without sufficient space to implement effective quarantine, should coordinate with local public health officials to ensure that close contacts of COVID-19 cases will be effectively quarantined and medically monitored.

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• Incarcerated/detained persons who are close contacts of a confirmed or suspected COVID-19 case (whether the case is another incarcerated/detained person, staff member, or visitor) should be placed under quarantine for 14 days (see CDC guidelines). o If an individual is quarantined due to contact with a suspected case who is subsequently tested for COVID-19 and receives a negative result, the quarantined individual should be released from quarantine restrictions.
• In the context of COVID-19, an individual (incarcerated/detained person or staff) is considered a close contact if they: o Have been within approximately 6 feet of a COVID-19 case for a prolonged period of time OR o Have had direct contact with infectious secretions of a COVID-19 case (e.g., have been coughed on)
Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
• Keep a quarantined individual's movement outside the quarantine space to an absolute minimum. o Provide medical evaluation and care inside or near the quarantine space when possible.
o Serve meals inside the quarantine space. o Exclude the quarantined individual from all group activities.
o Assign the quarantined individual a dedicated bathroom when possible.
• Facilities should make every possible effort to quarantine close contacts of COVID-19 cases individually. Cohorting multiple quarantined close contacts of a COVID-19 case could transmit COVID-19 from those who are infected to those who are uninfected. Cohorting should only be practiced if there are no other available options. o If cohorting of close contacts under quarantine is absolutely necessary, symptoms of all individuals should be monitored closely, and individuals with symptoms of COVID-19 should be placed under medical isolation
o If an entire housing unit is under quarantine due to contact with a case from the same housing unit, the entire housing unit may need to be treated as a cohort and quarantine in place.
o some facilities may choose to quarantine all new intakes for 14 days before moving them to the facility's general population as a general rule (not because they were exposed to a COVID-19 case). Under this scenario, avoid mixing individuals quarantined due to exposure to a COVID-19 case with individuals undergoing routine intake quarantine.
o If at all possible, do not add more individuals to an existing quarantine cohort after the 14-day quarantine clock has started.
• If the number of quarantined individuals exceeds the number of individual quarantine spaces available in the facility, be especially mindful of those who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other quarantined individuals. If cohorting is unavoidable, make all possible accommodations to reduce exposure risk for the higher-risk individuals. (For example, intensify social distancing strategies for higher-risk individuals.)
• In order of preference, multiple quarantined individuals should be housed: o Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully
o Separately, in single cells with solid walls but without solid doors o As a cohort, in a large, well-ventilated cell with solid walls, a solid door that closes fully, and at least 6 feet of
personal space assigned to each individual in all directions
o As a cohort, in a large, well-ventilated cell with solid walls and at least 6 feet of personal space assigned to each

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individual in all directions, but without a solid door
o As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells creating at least 6 feet of space between individuals. (Although individuals are in single cells in this scenario, the airflow between cells essentially makes it a cohort arrangement in the context of COVID-19.)
o As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section to maintain at least 6 feet of space between individuals housed in the same cell.
o As a cohort, in individuals' regularly assigned housing unit but with no movement outside the unit (if an entire housing unit has been exposed). Employ social distancing strategies related to housing in the Prevention section above to maintain at least 6 feet of space between individuals.
o Safely transfer to another facility with capacity to quarantine in one of the above arrangements (NOTE - Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
• Quarantined individuals should wear face masks if feasible based on local supply, as source control, under the following circumstances (see PPE section and Table 1): o If cohorted, quarantined individuals should wear face masks at all times (to prevent transmission from infected to uninfected individuals).
o If quarantined separately, individuals should wear face masks whenever a non-quarantined individual enters the quarantine space.
o All quarantined individuals should wear a face mask if they must leave the quarantine space for any reason.
o Asymptomatic individuals under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear face masks.
• Staff who have close contact with quarantined individuals should wear recommended PPE if feasible based on local supply, feasibility, and safety within the scope of their duties (see PPE section and Table 1). o Staff supervising asymptomatic incarcerated/detained persons under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear PPE.
• Quarantined individuals should be monitored for COVID-19 symptoms twice per day, including temperature checks. o If an individual develops symptoms, they should be moved to medical isolation immediately and further evaluated. (See Medical Isolation section above.)
o See Screening section for a procedure to perform temperature checks safely on asymptomatic close contacts of COVID-19 cases.
• If an individual who is part of a quarantined cohort becomes symptomatic: o If the individual is tested for COVID-19 and tests positive: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
o If the individual is tested for COVID-19 and tests negative: the 14-day quarantine clock for this individual and the remainder of the cohort does not need to be reset. This individual can return from medical isolation to the quarantined cohort for the remainder of the quarantine period.
o If the individual is not tested for COVID-19: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
• Restrict quarantined individuals from leaving the facility (including transfers to other facilities) during the 14-day quarantine period, unless released from custody or a transfer is necessary for medical care, infection control, lack of quarantine space, or extenuating security concerns.

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• Quarantined individuals can be released from quarantine restrictions if they have not developed symptoms during the 14-day quarantine period.
• Meals should be provided to quarantined individuals in their quarantine spaces. Individuals under quarantine should throw disposable food service items in the trash. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
• Laundry from quarantined individuals can be washed with other individuals' laundry. O Individuals handling laundry from quarantined persons should wear disposable gloves, discard after each use, and clean their hands after. o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. o Launder items as appropriate in accordance with the manufacturer's instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely. O Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
Management of Incarcerated/Detained Persons with COVID-19 Symptoms
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity or without sufficient space for medical isolation should coordinate with local public health officials to ensure that suspected COVID-19 cases will be effectively isolated, evaluated, tested (if indicated), and given care._
• If possible, designate a room near each housing unit for healthcare staff to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
• Incarcerated/detained individuals with COVID-19 symptoms should wear a face mask and should be placed under medical isolation immediately. Discontinue the use of a face mask if it inhibits breathing. See Medical Isolation section above.
• Medical staff should evaluate symptomatic individuals to determine whether COVID-19 testing is indicated. Refer to CDC guidelines for information on evaluation and testing. See Infection Control and Clinical Care sections below as well.
• If testing is indicated (or if medical staff need clarification on when testing is indicated), contact the state, local, tribal, and/or territorial health department. Work with public health or private labs as available to access testing supplies or services. o If the COVID-19 test is positive, continue medical isolation. (See Medical Isolation section above.) o If the COVID-19 test is negative, return the individual to their prior housing assignment unless they require further medical assessment or care.
Management Strategies for Incarcerated/Detained Persons without COVID-19 Symptoms
• Provide clear information to incarcerated/detained persons about the presence of COVID-19 cases within the facility, and the need to increase social distancing and maintain hygiene precautions.

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o Consider having healthcare staff perform regular rounds to answer questions about COVID-19. o Ensure that information is provided in a manner that can be understood by non-English speaking individuals
and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision. • Implement daily temperature checks in housing units where COVID-19 cases have been identified, especially if there is concern that incarcerated/detained individuals are not notifying staff of symptoms.See Screening section for a procedure to safely perform a temperature check. • Consider additional options to intensify social distancing within the facility.
Management Strategies for Staff
• Provide clear information to staff about the presence of COVID-19 cases within the facility, and the need to enforce social distancing and encourage hygiene precautions. o Consider having healthcare staff perform regular rounds to answer questions about COVID-19 from staff.
• Staff identified as close contacts of a COVID-19 case should self-quarantine at home for 14 days and may return to work if symptoms do not develop. o See above for definition of a close contact. o Refer to CDC guidelines for further recommendations regarding home quarantine for staff.
Infection Control
Infection control guidance below is applicable to all types of correctional facilities. Individual facilities should assess their unique needs based on the types of exposure staff and incarcerated/detained persons may have with confirmed or suspected COVID-19 cases.
• All individuals who have the potential for direct or indirect exposure to COVID-19 cases or infectious materials (including body substances; contaminated medical supplies, devices, and equipment; contaminated environmental surfaces; or contaminated air) should follow infection control practices outlined in the CDC Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings. Monitor these guidelines regularly for updates. o Implement the above guidance as fully as possible within the correctional/detention context. Some of the specific language may not apply directly to healthcare settings within correctional facilities and detention centers, or to facilities without onsite healthcare capacity, and may need to be adapted to reflect facility operations and custody needs. o Note that these recommendations apply to staff as well as to incarcerated/detained individuals who may come in contact with contaminated materials during the course of their work placement in the facility (e.g., cleaning).
• Staff should exercise caution when in contact with individuals showing symptoms of a respiratory infection. Contact should be minimized to the extent possible until the infected individual is wearing a face mask. If COVID-19 is suspected, staff should wear recommended PPE (see PPE section).
• Refer to PPE section to determine recommended PPE for individuals persons in contact with confirmed COVID-19 cases, contacts, and potentially contaminated items.
Clinical Care of COVID-19 Cases

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• Facilities should ensure that incarcerated/detained individuals receive medical evaluation and treatment at the first signs of COVID-19 symptoms. o If a facility is not able to provide such evaluation and treatment, a plan should be in place to safely transfer the individual to another facility or local hospital.
o The initial medical evaluation should determine whether a symptomatic individual is at higher risk for severe illness from COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
• Staff evaluating and providing care for confirmed or suspected COVID-19 cases should follow the CDC Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) and monitor the guidance website regularly for updates to these recommendations.
• Healthcare staff should evaluate persons with respiratory symptoms or contact with a COVID-19 case in a separate room, with the door closed if possible, while wearing recommended PPE and ensuring that the suspected case is wearing a face mask. o If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
G Clinicians are strongly encouraged to test for other causes of respiratory illness (e.g., influenza).
• The facility should have a plan in place to safely transfer persons with severe illness from COVID-19 to a local hospital if they require care beyond what the facility is able to provide.
• When evaluating and treating persons with symptoms of COVID-19 who do not speak English, using a language line or provide a trained interpreter when possible.
Recommended PPE and PPE Training for Staff and Incarcerated/Detained Persons
• Ensure that all staff (healthcare and non-healthcare) and incarcerated/detained persons who will have contact with infectious materials in their work placements have been trained to correctly don, doff, and dispose of PPE relevant to the level of contact they will have with confirmed and suspected COVID-19 cases. o Ensure that staff and incarcerated/detained persons who require respiratory protection (e.g., N95s) for their work responsibilities have been medically cleared, trained, and fit-tested in the context of an employer's respiratory protection program. o For PPE training materials and posters, please visit the CDC website on Protecting Healthcare Personnel.
• Ensure that all staff are trained to perform hand hygiene after removing PPE. • If administrators anticipate that incarcerated/detained persons will request unnecessary PPE, consider
providing training on the different types of PPE that are needed for differing degrees of contact with COVID-19 cases and contacts, and the reasons for those differences (see Table 1). Monitor linked CDC guidelines in Table 1 for updates to recommended PPE. • Keep recommended PPE near the spaces in the facility where it could be needed, to facilitate quick access in an emergency. • Recommended PPE for incarcerated/detained individuals and staff in a correctional facility will vary based on the type of contact they have with COVID-19 cases and their contacts (see Table 1). Each type of recommended PPE is defined below. As above, note that PPE shortages are anticipated in every category during the COVID-19 response.

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o N95 respirator See below for guidance on when face masks are acceptable alternatives for N95s. N95 respirators should be prioritized when staff anticipate contact with infectious aerosols from a COVID-19 case.
o Face mask
o Eye protection - goggles or disposable face shield that fully covers the front and sides of the face o A single pair of disposable patient examination gloves
Gloves should be changed if they become torn or heavily contaminated. o Disposable medical isolation gown or single-use/disposable coveralls, when feasible
■ If custody staff are unable to wear a disposable gown or coveralls because it limits access to their duty belt and gear, ensure that duty belt and gear are disinfected after close contact with the individual. Clean and disinfect duty belt and gear prior to reuse using a household cleaning spray or wipe, according to the product label.
• If there are shortages of gowns, they should be prioritized for aerosol-generating procedures, care activities where splashes and sprays are anticipated, and high-contact patient care activities that provide opportunities for transfer of pathogens to the hands and clothing of staff.
• Note that shortages of all PPE categories are anticipated during the COVID-19 response, particularly for non-healthcare workers. Guidance for optimizing the supply of each category can be found on CDC's website: o Guidance in the event of a shortage of N95 respirators ■ Based on local and regional situational analysis of PPE supplies, face masks are an acceptable alternative when the supply chain of respirators cannot meet the demand. During this time, available respirators should be prioritized for staff engaging in activities that would expose them to respiratory aerosols, which pose the highest exposure risk.
o Guidance in the event of a shortage of face masks
o Guidance in the event of a shortage of eye protection
o Guidance in the event of a shortage of gowns/coveralls

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-cletention.html

3/23/20, 12:05 PM Page 24 of 26

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 33 of 34 Page ID #:5430

Classification of Individual Wearing PPE

N95 respirator

Face mask

Eye

Gown/

Protection Gloves Coveralls

Incarcerated/Detained Persons

Asymptomatic incarcerated/detained persons (under quarantine as close contacts of a COVID-19 case*)

Apply face masks for source control as feasible based on local supply, especially if housed as a cohort

Incarcerated/detained persons who are

X

confirmed or suspected COVID-19 cases, or

showing symptoms of COVID-19

Incarcerated/detained persons in a work placement handling laundry or used food service items from a COVID-19 case or case contact

X

X

Incz:!- ceratedidetained

,york

placement cleaning areas vitnyere a Cf.Y,10-19

case has spent time

Addrtional PPE may be needed based on the product Iabe4. Se.e CDC. guidelines for more details

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

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 25 of 26

Case 5:17-cv-02514-JGB-SHK Document 256-3 Filed 04/08/20 Page 34 of 34 Page ID #:5431

Verbal Screening and Temperature Check Protocols for Incarcerated/Detained Persons, Staff, and Visitors
The guidance above recommends verbal screening and temperature checks for incarcerated/detained persons, staff, volunteers, and visitors who enter correctional and detention facilities, as well as incarcerated/detained persons who are transferred to another facility or released from custody. Below, verbal screening questions for COVID-19 symptoms and contact with known cases, and a safe temperature check procedure are detailed.

• Verbal screening for symptoms of COVID-19 and contact with COVID-19 cases should include the following questions: o Today or in the past 24 hours, have you had any of the following symptoms? ■ Fever, felt feverish, or had chills? ■ Cough?
■ Difficulty breathing?

o In the past 14 days, have you had contact with a person known to be infected with the novel coronavirus (COVID-19)?

• The following is a protocol to safely check an individual's temperature: o Perform hand hygiene

o Put on a face mask, eye protection (goggles or disposable face shield that fully covers the front and sides of the face), gown/coveralls, and a single pair of disposable gloves

o Check individual's temperature

o If performing a temperature check on multiple individuals, ensure that a clean pair of gloves is used for each individual and that the thermometer has been thoroughly cleaned in between each check. If disposable or non-contact thermometers are used and the screener did not have physical contact with an individual, gloves do not need to be changed before the next check. If non-contact thermometers are used, they should be cleaned routinely as recommended by CDC for infection control.

o Remove and discard PPE

o perform hand hygiene

Page last reviewed: March 23, 2020

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 26 of 26

Case 5:17-cv-02514-JGB-SHK Document 256-4 Filed 04/08/20 Page 1 of 39 Page ID #:5432
EXHIBIT 4
to Declaration of David Van Pelt

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2geof13o9f 3P8age ID #:5433

1

2

3

4

5

6 UNITED STATES DISTRICT COURT

7

WESTERN DISTRICT OF WASHINGTON

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9

10

KARLENA DAWSON; ALFREDO

11

ESPINOZA-ESPARZA; NORMA LOPEZ Case No.: 2:20-cv-00409-JLR-MAT

NUNEZ; MARJORIS RAMIREZ-OCHOA;

12

MARIA GONZALEZ-MENDOZA; JOE

DECLARATION OF FACILITY

13

HLUPHEKA BAYANA; LEONIDAS PLUTIN HERNANDEZ; KELVIN

ADMINISTRATOR STEPHEN LANGFORD, NWIPC

14

MELGAR-ALAS; JESUS GONZALEZ

15

HERRERA,

16

Petitioners-Plaintiffs,

17

v.

18

NATHALIE ASHER, Director of the

19

Seattle Field Office of U.S. Immigration

and Customs Enforcement; MATTHEW T.

20

ALBENCE, Deputy Director and Senior

21

Official Performing the Duties of the

Director of the U.S. IMMIGRATION AND

22

CUSTOMS ENFORCEMENT; STEPHEN

23

LANGFORD, Facility Administrator,

Northwest ICE Processing Center.

24

25

Respondents-Defendants.

26

27

28

I, STEPHEN LANGFORD, make the following statement under oath subject to penalty

29 of perjury pursuant to the laws of the United States and the State of Washington: 30

31

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—1 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3geof23o9f 3P8age ID #:5434

1 1. I am the Facility Administrator at the Northwest Immigration and Customs Enforcement

2 Processing Center (NWIPC) and an individually named defendant in these proceedings. I am
3 over the age of eighteen (18), and I am competent to testify in this matter. My statement is
4

5

based upon my personal knowledge, and my education, training, and experience.

6 2. I have experience managing viral pandemics in secure settings. I was with the Bureau of
7 Prisons for 26.5 years and have been with GEO assigned to NWIPC since July of 2018.
8

9

COVID-19 is not the first viral pandemic necessitating protocols at NWIPC. I have been in

10 conformance with CDC guidelines and successfully guarded against the deadly
11 communication of other deadly viral diseases such as Zika, Ebola, H1N1 Swine Flu, and AIDS-
12

13

HIV in secure settings.

14 3. Having said that, GEO takes no position on the motion before the Court. GEO provides this
15 declaration for purposes of aiding the Court in making an informed decision.
16

17 4. Attached at Ex. A is a true and correct copy of the Centers For Disease Control and Prevention

18 Coronavirus Disease 2019 (COVID-19) Interim Guidance on Management of Coronavirus
19 Disease 2019 (COVID-19) In Correctional and Detention Facilities (CDC Guidance), which is
20

21

the guidance GEO has used to educate its personnel and detainees at NWIPC on COVID-19.

22 My declaration below provides some specifics about GEO’s implementation of the guidelines
23 at NWIPC. I have not attempted to describe in totality each and every action I have taken to
24

25

implement the guidelines or any other precautions, nor could I do so within the limitations of

26 a publicly filed declaration. However, I hope to convey to the Court that GEO is being
27 proactive and is taking COVID-19 seriously to reduce the risk of infection.
28

29 5. The health, safety, and well-being of detainees at NWIPC correlates with the health, safety,

30 and well-being of GEO staff, GEO administration, and our families. Our interests are aligned
31

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—2 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea4geof33o9f 3P8age ID #:5435

1

with respect to mitigation strategies to slow the spread of the coronavirus and resulting

2 infections of COVID-19.
3 6. To date, NWIPC has no positive findings of COVID-19 among the detainee population or staff,
4

5

which statistically means NWIPC has avoided contamination more successfully than Pierce

6 County as a whole. If we remain diligent, with the support and cooperation of both detainees,
7 employees, and visitors, we expect to survive the COVID-19 pandemic in the same manner
8

9

and with the same success as our present performance measures indicate to date and as we

10 have done with past pandemics and epidemics.
11 7. To achieve our common goal of protecting the health, safety, and welfare of those individual
12

13

either detained, working at, or visiting NWIC, we have implemented the following precautions

14 with Immigration and Customs Enforcement (“ICE”) oversight.
15 Operational and Communications Preparations for COVID-19
16
17 8. Recognizing Signs and Symptoms. NWIPC operates solely as an ICE processing center with

18 the full advantages of onsite health care services provided by ICE Health Services Corps. In
19 coordination with ICE, we have informed staff and detainees to recognize the symptoms of
20

21

COVID-19, and how to respond if symptoms develop or are observed.

22 9. Communication and Coordination. I meet routinely and daily on site with ICE Officer in 23
Charge (“OIC”) Drew Bostock and the Health Services Administrator (“HSA”) for the 24

25

Immigration Health Service Corps (“IHSC”). We have been jointly implementing precautions

26 as information develops specific to COVID-19. We have a positive collaborative working
27 relationship that allows us to adapt operations and communications appropriately and
28

29

according to CDC Guidelines.

30

31

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—3 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea5geof43o9f 3P8age ID #:5436

1 10. Contingency Planning. GEO is operating below capacity and is not overpopulated, nor does

2 GEO anticipate an overpopulation status at NWIC in the foreseeable future. GEO has a
3 sufficient workforce to operate at capacity and without staffing shortages in the event any GEO
4

5

staff become symptomatic. GEO has developed contingency plans for reduced workforces

6 from absences in conjunction with the employees’ union, and we are coordinating with our
7 community partners about our preparedness and preparations specific to COVID-19 that may
8

9

temporarily alter day to day operations.

10 11. Review of Existing Pandemic Protocols and Disaster Preparedness and Revisions for

11

COVID-19

12 GEO has dedicated housing areas and bathrooms and other physical locations for purposes of
13 isolating confirmed COVID-19 cases and individuals displaying COVID-19 symptoms, and to
14

15

quarantine known close contacts of cases. At NWIPC medical isolation and quarantine

16 locations are separate. We have planned for contingencies for multiple locations for
17 simultaneous use to avoid cohorting as defined in CDC Guidance.
18
19 12. Coordination with Court Officials. With regard to Court operations, GEO has taken

20 direction from and coordinated with the Executive Office for Immigration Review (“EIOR”)
21 and ICE consistent with the testimony of OIC Bostock. GEO has accommodated continuing
22

23

Court operations for essential hearings through video conferencing from separate rooms. The

24 participants have three discreet rooms. The Judge holds the hearing in the main courtroom,
25 ICE counsel appears telephonically from his or her offices, and the detainee, his or her attorney
26

27

and a limited number of his or her select witnesses appear in the video-teleconferencing

28 courtroom where GEO security is present. The video-teleconferencing room is large enough
29 in size to allow for social distancing, which detainees and staff have been encouraged to follow.
30

31

The Courtrooms have tissue and wastebaskets. GEO has trained on proper cough or sneezing

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—4 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea6geof53o9f 3P8age ID #:5437

1

hygiene with respect to coughing and sneezing into a tissue and dispensing with the tissue.

2 When the detainee returns from Court, the detainee has access to and has been instructed to
3 effectively wash his or her hands with soap and water.
4
5 13. Signage. GEO has posted signage that identifies symptoms of COVID-19 in multiple

6 languages, and that provide hand hygiene instructions. GEO has described symptoms and has
7 demonstrated hand hygiene instructions in daily briefings referred to as “town hall” meetings
8

9

with detainees. Detainees have been asked to report symptoms to staff.

10 14. Transfers and Movements. Plaintiffs’ experts opine at Dkt. 37-1 at 4 that extensive transfers 11
of individuals throughout the detention system creates risk. GEO has cooperated with ICE 12

13

implementation of newer ICE policy directives that have reduced the number of detainees

14 entering NWIPC as explained in the Declaration of Drew Bostock from ICE. To date, the
15 absence of any positive case of COVID-19 has meant that internal movements have not yet
16

17

been prohibited although social distancing protocols have been implemented, see below.

18 A. External Transfers: ICE controls who is housed at NWIPC. GEO does not transfer
19 detainees externally among GEO facilities. Anyone transferred to or from NWIPC are moved
20

21

on orders from ICE in conformance with ICE protocols implemented in response to COVID

22 19. GEO may not use the additional bed space available given the reduced ICE detainee
23 population to house non-ICE detainees. GEO has utilized the available bed space to implement
24

25

COVID 19 protocols to include separating incoming ICE detainees to reduce contact.

26 B. Internal Movements: With respect to people entering or leaving the facility, GEO
27 as a secure private facility with ICE as its sole client may regulate who enters and exits the
28

29

facility and under what conditions with ICE oversight more easily than the courts, grocery

30 stores, hospitals, jails, and prisons. In this regard, GEO has taken the following precautions:
31

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—5 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea7geof63o9f 3P8age ID #:5438

1

i. Incoming Detainees. Incoming detainees have a fourteen-day waiting

2 period before housed in the general population. During the waiting period, new detainees are
3 screened for COVID 19 exposure before moving into an assigned housing unit. Any
4

5

symptomatic detainee is placed by him or herself into a single housing unit where his or her

6 symptoms are monitored by ICE’s public health care providers. The ICE public health doctors
7 may test individual detainees per medical standards, and medically treat any detainee in need
8

9

of care. GEO does not place any such individual back into the general population without

10 medical clearance provided by ICE.
11 ii. Staff. Anyone coming into NWIPC to work completes a screening
12

13

questionnaire that GEO personnel use to decide whether the person has been exposed. If

14 exposed or at an unreasonable risk of having been exposed the individual may not enter. GEO

15

16

staff take the temperature of employees before entry. Anyone who tests above 100.4℉ must

17 return home until cleared medically. Staff are advised to stay home when sick or if they have
18

19

COVID-19 symptoms or have been in close contact with anyone who has COVID-19. GEO

20 has informed staff that if staff develop symptoms while on duty, the staff person must leave
21 the facility as soon as possible and follow CDC recommended steps for persons who are ill
22

23

with COVD-19 symptoms, including self-isolating at home, contacting their healthcare

24 provider as soon as possible to determine whether the staff person needs to be evaluated and
25 tested, and contact the supervisor. GEO has identified staff whose duties would allow them to
26

27

work from home and has planned for staff absences. GEO has offered revised duties to staff

28 who are at higher risk of severe illness. GEO staff have been offered the seasonal influenza
29 vaccine in the past. ICE follows its protocols for providing vaccines to detainees, which has
30

31

included influenza vaccines.

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—6 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea8geof73o9f 3P8age ID #:5439

1

Enhanced cleaning/disinfecting and hygiene practices

2 15. Supplies. I have assessed GEO’s stock of hygiene supplies, cleaning supplies, PPE, and 3
medical supplies (separately from Public Health) to ensure NWIPC has on hand and available 4

5

proper supplies. I have a plan in place to keep supply stocks replenished as needed if a COVID-

6 19 transmission occurs within the facility. NWIPC has supplies that comply with CDC
7 guidelines. Detainees do not have to purchase soap. Soap dispensers with liquid soap are at
8

9

each common area sink and shower. Detainees in individual units with sinks have their own

10 bar of soap. We have paper towels, tissues, toilet paper, and sanitary protection. We have
11 alcohol-based sanitizer in specified locations. We have decided to relax our standards that
12

13

prohibit alcohol-based hand sanitizer within the facility and have purchased more for

14 additional distribution upon delivery.
15 16. Respiratory Protection. GEO has an established respiratory protection program with fit
16

17

testing and training so that PPE is correctly donned, doffed, and disposed of properly. GEO

18 has at NWIPC sufficient surgical type face masks for each detainee if needed.
19 17. Intensified Cleaning. GEO has implemented intensified cleaning of surfaces and objects that
20

21

are frequently touched, especially in common areas. GEO has instructed detainees and staff

22 to clean and disinfect shared equipment and property with frequency. GEO uses EPA-
23 registered disinfectants that are represented to be effective against the virus that causes COVID
24

25

- 19. GEO is not diluting disinfectants below effective levels. GEO has gloves for use with

26 cleaning. Cleanings occur throughout the day multiple times. Detainees have not complained
27 about the availability of cleaning supplies.
28
29 18. Reinforced Hygiene. GEO has reinforced healthy hygiene practices and has made supplies

30 available to encourage safe hygiene practices. We teach good cough etiquette, good hand
31

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—7 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea9geof83o9f 3P8age ID #:5440

1

hygiene, and advise against touching eyes, nose, or mouth without cleaning hands first. We

2 inform people to avoid sharing eating utensils, dishes, and cups, and to avoid non-essential
3 physical contact. We have running water and hand drying capabilities throughout the facility.
4
5 19. Property. The property in a detainee’s possession upon intake is inventoried and placed in

6 storage in individualized containers. The storage is secure location. Any access to detainee
7 storage requires a detainee request that is processed through multiple levels of review that
8

9

would likely prevent contamination within the facility.

10 20. Air Circulation. Accreditation standard requires NWIPC to have fifteen exchanges per hour, 11
which is above typical office standards. NWIPC has consistently met these high standards. 12

13

Social Distancing Strategies

14 21. Certain social distancing recommendations have already been part of GEO’s operations. GEO
15 has limited open movement. Anyone individual designated to go to the library or barbershop
16

17

may go to the library or barbershop. Individual detainees are not moving in mass from location

18 to location at will. Recreational space and time are dedicated by housing unit. Detainees are
19 not all using the same recreational space. There is sufficient space for individuals to recreate
20

21

six feet from one another. Meals are served inside housing units and cells. Movements are by

22 housing unit. Group activities occur by housing unit. Medical screens new intakes separately
23 from the main medical facility and general population.
24

25 22. GEO has encouraged staff and detainees to increase the space between one another as feasible.

26 Visitors
27 23. ICE has authorized GEO to temporarily stop visitors from meeting with detainees, except legal
28

29

counsel who confer with clients in separate rooms through glass enclosures.

30 Infections Control/PPE
31

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33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—8 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u5m6e-4nt 6F8iledFi0le4d/0083/2/300/2P0agPea1g0eo9f 3o9f 38Page ID #:5441

1 24. PPE. GEO staff have personal protective gear, including N95 respirators. PPE are stored in

2 spaces in the facility where PPE can be accessed when needed and in an emergency. Staff
3 have been trained to perform hand hygiene after removing PPE. Attorney visitors must wear
4

5

face masks. If the attorney visitor does not bring a face mask, GEO provides one.

6 Verbal Screening and Temperature Check Protocols
7 25. Screening. GEO screens all staff, attorneys, court visitors, and detainees. Subcontractors and
8

9

vendors never enter the facility. Staff get their temperature checked and answer screening

10 questions. Detainees who enter NWIPC are screened prior to entry into the main secured
11 facility. Detainees must answer questionnaires and have their temperature checked. Screening
12

13

includes questioning whether today or in the past 24 hours the person has had symptoms like

14 fever, felt feverish, or had chills, cough, or difficulty breathing. It is asked whether in the past
15 fourteen days the person had contact with a person known to be infected with the novel
16

17

coronavirus COVID-19. Detainees who have observable symptoms are placed in medical

18 isolation. Staff wear PPE when performing temperature checks.
19 Medical Isolation and Quarantine
20

21 26. GEO has the capacity to medically isolate and quarantine detainees who test positive for

22 COVID-19.
23 27. GEO defers to ICE public health with respect to their medical isolation and quarantine
24

25

protocols for detainees.

26 Healthcare Evaluation/Clinical Care
27 28. NWIPC has the advantage of onsite health care services through ICE Health Services Corp.
28

29

Detainees at NWIPC have access to timely health care that I do not have, and my staff do not

30 have on the outside.
31

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—9 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g1e o1f03o9f 3P8age ID #:5442

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g2e o1f13o9f 3P8age ID #:5443

1

2

CERTIFICATE OF SERVICE

3 I, Karen Shadow, certify as follows:
4 I am over the age of 18, a resident of Pierce County, and not a party to the above action.
5

6 On March 30, 2020, I electronically filed the above Declaration of Stephen Langford, with the

7 Clerk of the Court using the CM/ECF system which will send notification of such filing to all
8 counsel of record who receives CM/ECF notification.
9

10 I certify under penalty of perjury under the laws of the State of Washington that the
11 12 above information is true and correct.

13

DATED this 30th day of March, 2020 at Fircrest, Washington.

14

15

16

Karin Shadow, Paralegal

17

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27

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29

30

31

32

33

DECLARATION OF FACILITY ADMINISTRATOR STEPHEN LANGFORD, NWIPC

2:20-cv-00409-JLR-MAT—11 of 11

34

III BRANCHES LAW, PLLC Joan K. Mell
1019 Regents Blvd. Ste. 204 Fircrest, WA 98466 253-566-2510 ph

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g3e o1f23o9f 3P8age ID #:5444
EXHIBIT A

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g4e o1f33o9f 3P8age ID #:5445

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g5e o1f43o9f 3P8age ID #:5446

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g6e o1f53o9f 3P8age ID #:5447

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g7e o1f63o9f 3P8age ID #:5448

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g8e o1f73o9f 3P8age ID #:5449

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea1g9e o1f83o9f 3P8age ID #:5450

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g0e o1f93o9f 3P8age ID #:5451

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g1e o2f03o9f 3P8age ID #:5452

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g2e o2f13o9f 3P8age ID #:5453

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g3e o2f23o9f 3P8age ID #:5454

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g4e o2f33o9f 3P8age ID #:5455

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g5e o2f43o9f 3P8age ID #:5456

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g6e o2f53o9f 3P8age ID #:5457

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g7e o2f63o9f 3P8age ID #:5458

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g8e o2f73o9f 3P8age ID #:5459

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea2g9e o2f83o9f 3P8age ID #:5460

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g0e o2f93o9f 3P8age ID #:5461

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g1e o3f03o9f 3P8age ID #:5462

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g2e o3f13o9f 3P8age ID #:5463

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g3e o3f23o9f 3P8age ID #:5464

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g4e o3f33o9f 3P8age ID #:5465

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g5e o3f43o9f 3P8age ID #:5466

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g6e o3f53o9f 3P8age ID #:5467

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g7e o3f63o9f 3P8age ID #:5468

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g8e o3f73o9f 3P8age ID #:5469

Case 5C:1a7s-ecv2-:02205-c1v4--0J0G4B0-9S-HJLKR-MDoAcTumDeonct u2m56e-n4t 6F8ileFdil0e4d/083/230/2P0agPea3g9e o3f83o9f 3P8age ID #:5470

Case 5:17-cv-02514-JGB-SHK Document 256-5 Filed 04/08/20 Page 1 of 8 Page ID #:5471
EXHIBIT 5
to Declaration of David Van Pelt

Case 5:187-cv-0265014-JGB-SHK Document 123596-15 Filed 04/068/20 Page 12 of 78 Page ID #:15346782
Exhibit A

CCaassee55:1:178-c-cvv-0-022561044-J-JGGBB-S-SHHKK DDooccuummeennt t215369-5-1 FFilieledd0044/0/086/2/200 PPaaggee32oof f87 PPaaggeeIDID ##:5:1437639

1 NICOLA T. HANNA

United States Attorney

2 DAVID M. HARRIS

Assistant United States Attorney

3 Chief, Civil Division

JOANNE S. OSINOFF

4 Assistant United States Attorney

Chief, General Civil Section

5 AARON KOLLITZ (Cal. Bar No. 238580)

Assistant United States Attorney

6 JOSEPH A. DARROW

Assistant United States Attorney

7

Federal Building, Suite 7516

300 North Los Angeles Street

8

Los Angeles, California 90012

Telephone: (213 894-2083 / 0436

9

Facsimile: (213 894-7819

E-mail: Aaron, ollitz@usdoj.gov

10

Joseph.Darrow@usdoi.gov

11 Attorneys for Defendants: UNITED STATES DEPARTMENT OF HOMELAND SECURITY; CHAD
WOLF, Acting Secretary of Homeland Security; UNITED STATES IMMIGRATION AND CUSTOMS
12 ENFORCEMENT; MATTHEW ALBENCE, Deputy Director and Senior Official Performing the Duties of the
Director, Immigration and Customs Enforcement; DAVID MARIN, Field Office Director, Los Angeles Field
13 Office of ICE

14

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

15

EASTERN DIVISION

16 ERENSTO TORRES, DESMOND TENGHE, JASON NSINANO, YAKUBU RAJI, on
17 behalf of themselves and all others similarly situated, AMERICAN IMMIGRATION
18 LAWYERS ASSOCATION, IMMIGRANT DEFENDERS LAW CENTER,
19 Plaintiffs,
20 v.
21 UNITED STATES DEPARTMENT OF
22 HOMELAND SECURITY; CHAD WOLF, Acting Secretary of Homeland Security;
23 UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT; MATTHEW
24 ALBENCE, Acting Director, Immigration and Customs Enforcement; DAVID MARIN, Field
25 Office Director, Los Angeles Field Office of ICE; ORANGE COUNTY SHERRIF'S
26 DEPARTMENT; GEO GROUP, INC., a Florida corporation,
27 Defendants.
28

No. EDCV 18-02604-JGB(SHK) DECLARATION OF GABRIEL VALDEZ Honorable Jesus G. Bernal United States District Judge

1

CCaassee55:1:178-c-cvv-0-022561044-J-JGGBB-S-SHHKK DDooccuummeennt t215369-5-1 FFilieledd0044/0/086/2/200 PPaaggee43oof f87 PPaaggeeIDID ##:5:1437740

1

DECLARATION OF GABRIEL VALDEZ

2 I, GABRIEL VALDEZ, pursuant to 28 U.S.C. § 1746, hereby declare under penalty of

3 perjury that the foregoing is true and correct.

4

5 1. I am currently an Assistant Field Office Director ("AFOD") of Enforcement and Removal Operations ("ERO"), U.S. Immigration and Customs Enforcement ("ICE"),
6 in the Los Angeles, California ICE Field Office. I have held this position since January

7

2011. I am currently the Officer in Charge at the Adelanto ICE Processing Center (the

"APC") in Adelanto, California. I have worked in various other positions within ICE

8 and the former Immigration and Naturalization Service since June 21, 1998.

9 2. A detainee may request a non-recorded/non-monitored legal call at the APC by

10 submitting a request to GEO through the kite (informal request) system to have the

11

attorney phone number placed on a non-recorded/non-monitored legal call status. GEO

staff will research the number to verify it is a valid number to the stated person/office

12 and place the number on the unmonitored list via the Talton platform. Currently, the

13

APC does not accept attorney requests to be placed on non-recorded/non-monitored

legal call status. Attorneys have been instructed to contact their clients and advise them

14 to use the above procedure. Detainees are all apprised of the process by which to ensure

15

legal calls are not monitored by instructions in the supplemental handbook provided to

each detainee during intake processing and through postings in the housing units and

16 intake hold rooms.

17 3. Detainees at the APC and attorneys have successfully placed phone numbers on non-
18 recorded/non-monitored legal call status using the procedure described in Paragraph 2.

19 4. Positive acceptance for a specific phone number may be removed at the request of the

20 affected detainee, attorney or other affected party. Currently, a detainee may submit a

21

request on behalf of himself or his attorney to GEO to request removal of positive

acceptance for a specific phone number, but if positive acceptance is removed, the

22 detainee will be charged for a failed call. An affected party that is not the detainee or

23 detainee's attorney may submit a request to have their phone number set to passive acceptance to GEO management or ICE management at the APC.
24

25 5. There has been one recent request for removal of positive acceptance at the APC. The request was granted.
26

27 6. As of the date of this declaration, there have been two contact attorney visits (i.e., in person with no plexiglass barrier) at the APC since the imposition of COVID-19
28

2

CCaassee 55::1187--ccvv--0022650144--JJGGBB--SSHHKK DDooccuummeenntt 123596--15 FFiilleedd 0044//0068//2200 PPaaggee 45 ooff 78 PPaaggee IIDD ##::15347715

1 procedures on March 13, 2020. The attorneys requested these visits and appeared at the

2

facility with proper personal protective equipment.

3 7. The APC has eight attorney visit rooms, four asylum interview rooms and two consular

4

visit rooms at the Adelanto West facility. There are two attorney visit rooms, three asylum interview rooms, one visitation room with a pass-through window (through

5 which documents may be passed) and one consular visit room at the Adelanto East

6

facility, for a total of twenty-one rooms at the APC. The twenty-one rooms identified are currently available for private telephonic attorney-client conferences. The attorney

7 visit rooms may be used for contact visits and private telephonic attorney-client

8

conferences, and the other rooms (asylum interview rooms and consular visit rooms) may be temporarily used for private telephonic attorney-client conferences.

9

10

8. A detainee may submit a request for a private call in one of the rooms described in Paragraph 7 by using the kite (informal request) system. The request must include the

11 phone number, date and requested time for the call. Currently, attorneys may request

12

to schedule a call through ICE. ICE and GEO are exploring options to allow for

attorneys to schedule calls directly with the facility. The APC asks for 24-hours' notice

13 but will accommodate calls as soon as practicable. Calls may be accommodated at any

14

hour barring any unforeseen or emergent issues in the facility. The only time of day

restrictions on use of these rooms is during counts, which typically take between 30

15 and 45 minutes.

16 9. There are 30 ICE Deportation Officers ("DO's") at the APC. Each DO is assigned an

17 office number and an email address containing first and last names, as well as middle

18

initials in many instances. The email address is for internal communications with other

ERO, government and contract entities as well as limited outside entities at the DO's

19 discretion.

20 10.If an attorney wants to contact a DO at the APC, they may call the facility and request
21 to be transferred to the DO. If the DO does not pick up the phone, they may leave the

22

DO a voice message. Attorneys may also email a general inbox at the Los Angeles

ERO Field Office, which will be routed to the DO. Attorneys may also call the

23 Detention Reporting and Information Line (DRIL) for assistance and their message

24 will be routed to the facility to be distributed to the correct DO. Attorneys may also mail, courier, or otherwise deliver documents and requests to the facility. For attorneys
25 who visit the facility, there are drop boxes in each lobby for documents, client passports

26 and other identity documents, messages for DO's and other information attorneys wish to deliver to DO's. These boxes are checked multiple times during each workday
27 (Monday -Friday) and the information is delivered directly to the DO's desks.

28

3

CCaassee 55::1187--ccvv--0022650144--JJGGBB--SSHHKK DDooccuummeenntt 123596--15 FFiilleedd 0044//0068//2200 PPaaggee 56 ooff 78 PPaaggee IIDD ##::15347726

1 11.DO's are continually moving through the APC during their shifts, presenting

2

documents to detainees for signature, serving NTA's, serving parole documents, serving notices and decisions, speaking with detainees, conducting detainee interviews,

3 answering detainee requests in person, conducting observation of the facility, among

4

many other duties. As a result, DO's are often away from their desks and email, such that providing their contact information would be of limited use to immigration

5 attorneys and organizations.

6 12.To my knowledge, as a general matter, ICE field offices do not typically provide

7 individual contact information of DO's to immigration attorneys or organizations.

8

Although an ICE employee may choose to share their email address with parties outside the government, there is no requirement and I am not aware of any established ICE

9 field office or headquarters policy requiring such disclosure.

10 13.Providing DO information poses security and privacy risks for the DO's and their

11 families. Government email addresses contain data that could be utilized to

12

compromise an employee's personal data and locate a person's residence or family

residence addresses. The current hostile environment created by some members of the

13 public toward ICE places ICE employees at greater risk of harm or retaliation for

14

perceived actions or associations in the course of their duties.

15 14.Providing DO information poses logistical difficulties and would be of little practical

16

use to immigration attorneys and organizations. Officers frequently change roles and

facilities, such that any contact information provided would quickly become out-of-

17 date and would require continual updating.

18 15.New detainees are being brought to the APC during the COVID-19 pandemic. All new
19 arrival detainees are medically screened in a more thorough manner than facility

20

visitors. In addition, these detainees are housed separately from the general population

for fourteen days to allow for observation for any onset of COVID-19 symptoms.

21 During those fourteen days, these detainees are not introduced into the general

22 population. During those fourteen days, new detainees have equivalent access to attorney visits, telephones, and tablets as detainees in the general population.
23

24 16.Detainees are issued a pin number upon arrival to the APC. This allows detainees access to the phone and tablet systems. Detainees may use this pin to retrieve voice
25 messages using the Talton system. For detainees to be able to video call or receive calls 26 on the tablets, they must set up an account at Gettingout.com. Tablets are always freely
available in the individual housing units, medical infirmary, and special management 27 unit, except when charging. Tablets are charged in a rotating process to ensure there 28 are always tablets ready for use. In order to make video calls, the tablets must be docked

4

CCaassee55:1:178-c-cvv-0-022561044-J-JGGBB-S-SHHKK DDooccuummeennt t215369-5-1 FFilieledd0044/0/086/2/200 PPaaggee76oof f87 PPaaggeeIDID ##:5:1437773

1 at the one of the two docking stations in each of the housing unit dayrooms. The

2

docking stations are mounted to walls within the general access areas of the dorms. Tablets cannot be utilized outside the assigned housing units due to the limitations of

3 the linking technology. When making audio calls, detainees may move around their

4

housing unit with the tablets.

5 17.Detainees can use the tablets to videoconference with their attorneys, as well as family

6

and friends. On the tablets, detainees may also receive pictures and send/receive messages. Detainees may not send photos due to security concerns.

7

8

18.Audio calls on the tablets are the same cost as phone calls from phones in housing units, which is 7 cents per minute for most calls. Video calls are approximately a flat rate of

9 21 cents per minute.

10 19.Detainees who are assessed to have symptoms associated with COVID-19 infection are

11 isolated in a negative pressure room in the medical infirmary and tested for COVID-

12

19, as well as Influenza A&B. If the detainee has been housed, his or her housing unit will be placed on modified programming and monitored daily with

13 temperature/symptom screenings until the result of the COVID-19 test

14

is received. Only detainees presenting with the symptoms that the Centers for Disease

Control and Prevention has identified as being associated with COVID-19 infection

15 will be tested. These symptoms include fever (temperature above 100.4 degrees),

16 shortness of breath (as assessed and defined by a medical provider), and cough.

17 20.Medical isolation/quarantine is dependent on test results. A detainee suspected of

18

having COVID-19 is placed alone in negative pressure room in the medical

infirmary. As of the date of this declaration, detainees at the APC have only had

19 COVID-19 test results come back negative and the turnaround time on those tests have

20

been 2-3 days. A positive COVID-19 test result could require many days of

isolation/quarantine for the detainee depending on their symptoms. Detainees who are

21 in medical isolation for possible COVID-19 infection or confirmed COVID-19

22

infection should not be moved out of a negative pressure room for court/attorney visits

or any other reason. Detainees in medical isolation will have access to mail, phones,

23 and tablets similar to detainees in general population - however, phones and tablets

24 must be thoroughly disinfected once used by the detainee.

25 21.The APC has COVID-19 test kits. 26
22.No APC detainee or staff member has tested positive for COVID-19. 27

28

5

CCaassee55:1:178-c-cvv-0-022561044-J-JGGBB-S-SHHKK DDooccuummeennt t215369-5-1 FFilieledd0044/0/086/2/200 PPaaggee87oof f87 PPaaggeeIDID ##:5:1437784

1 23.When there is a suspicion that an individual in a housing unit was exposed to COVID-

2

19, their housing unit is placed in modified programming pending the results of the COVLD-19 test on the suspect detainee. During modified programming, the housing

3 unit does not eat meals in the dining hall and does not interact with other housing units.

4

The housing unit will be monitored for symptoms and fever twice a day.

5 24.If positive, the infected alien will remain in medical isolation for the duration of his/her

6

treatment. For the housing unit that was on modified programming, it will become a cohort and will be in that status for fourteen days unless another detainee becomes

symptomatic which would then extend the cohort.

8
25.The APC has one housing unit currently on modified programming. 9

10 I declare under penalty of perjury pursuant to 28 U.S.C. § 1746 that the foregoing is true 11 and correct.

12 Executed this 6' day of April, 2020 13

14

Gabriel Va

15

Assistant Field Office Director, Los Angeles

Enforcement and Removal Operations

16

U.S. Immigration and Customs Enforcement

17

18

19

20

21 -y)

24 25
26 27

6

 
 Case 5:17-cv-02514-JGB-SHK Document 259 Filed 04/12/20 Page 1 of 28 Page ID #:5483

1

Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com

2 TX Bar # 24057803

3

Will Thompson (CA Bar # 289012) wthompson@burnscharest.com

4 Warren Burns (admitted pro hac vice)

5

wburns@burnscharest.com TX Bar # 24053119

6 E. Lawrence Vincent (admitted pro hac vice)

lvincent@burnscharest.com 7 TX Bar # 20585590

8 BURNS CHAREST LLP

900 Jackson St., Suite 500 9 Dallas, Texas 75202

10 Telephone: (469) 904-4550

Facsimile: (469) 444-5002 11

12 Additional Counsel on Signature Page

13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

15

16 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and Civil Action No. 5:17-cv-02514-JGB-
17 RAMON MANCIA individually and on SHKx

18 behalf of all others similarly situated, Plaintiffs,

PLAINTIFFS’ REPLY IN

19

SUPPORT OF THEIR EX PARTE

20 v.

APPLICATION FOR A TEMPORARY RESTRAINING

21 THE GEO GROUP, INC.,

ORDER REQUIRING COVID-19

22

Defendant.

PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

23

24

Hearing: April 14, 2020, at 2:00 p.m. The Honorable Jesus G. Bernal

25

26

i

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

EX PARTE APPLICATION FOR A TEMPORARY

RESTRAINING ORDER REQUIRING COVID-19

PREVENTION MEASURES FOR NATIONWIDE

HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 259 Filed 04/12/20 Page 2 of 28 Page ID #:5484

1

TABLE OF CONTENTS

2

INTRODUCTION ................................................................................................ 1

3

ISSUES PRESENTED .........................................................................................3

4

A. The Merits: Plaintiffs’ Nationwide HUSP allegations

5

pertain to labor beyond the scope of required personal housekeeping tasks enumerated in the

6

PBNDS. ........................................................................................................3

7

B. The Harm: GEO forces Class Members to face

8

increased risk of exposure to COVID-19 by

requiring they clean common areas without reliable

9

access to soap, sanitizer, disinfectants, or PPE. .....................................3

10

C. The Relief: Plaintiffs seek an order enjoining GEO’s

11

HUSPs to ensure that anyone who cleans their

common living areas is safe.......................................................................4 12

13

REBUTTAL EVIDENCE ...................................................................................5

14

What Doctors Say: All epidemiology supports

injunctive relief. ...........................................................................................5

15

16

What the CDC Says: CDC COVID-19 guidelines for correctional and detention facilities require cleaning

17

supplies and PPE. .......................................................................................8

18

What Class Members Say: GEO’s assurances about

19

COVID-19 precautions do not comport with reality. ..........................9

20

ARGUMENT ...................................................................................................... 10

21

Plaintiffs and the Class have Article III standing................................ 10

22

i. GEO’s failure to address the standing

23

question in the context of a certified class

24

dooms its Article III challenge. .................................................. 11

25

ii. The HUSP Class has standing to pursue

injunctive relief. ............................................................................ 11

26

ii
PLAINTIFFS’ REPLY IN SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 259 Filed 04/12/20 Page 3 of 28 Page ID #:5485

1

1. Class Members face an injury that is “concrete and particularized” and

2

“actual or imminent.” ...................................................... 12

3

2. The threatened injury is “fairly

4

traceable to the challenged action” of

GEO. .................................................................................. 12

5

6

3. The Court can redress Plaintiffs’ claims. ................................................................................. 13

7 Plaintiffs are entitled to injunctive relief............................................... 14

8

9

i. Plaintiffs are likely to succeed on the merits............................ 14

10

ii. The Nationwide HUSP Class will suffer

irreparable harm in the absence of an

11

injunction....................................................................................... 16

12

iii. The balance of the equities and the public

13

interest favor a temporary restraining order. ........................... 18

14

CONCLUSION................................................................................................... 19

15

16

17

18

19

20

21

22

23

24

25

26
iii
PLAINTIFFS’ REPLY IN SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

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1 2 Cases

TABLE OF AUTHORITIES

3 Armstrong v. Davis, 275 F.3d 849 (9th Cir. 2001 .......................................................................................... 14
4

5

Barrientos v. CoreCivic, Inc., 951 F.3d 1269 (11th Cir. 2020)...............................................................................14, 15

6 Bates v. United Parcel Service, Inc.,
7 511 F.3d 974 (9th Cir. 2007) ......................................................................................... 11

8 Bennett v. Spear, 9 520 U.S. 154 (1997) ........................................................................................................ 12

10 Beverly Hills Unified Sch. Dist. v. Fed. Transit Admin., 11 No. CV 12-9861-GW(SSX), 2016 WL 4650428 (C.D. Cal. Feb.
1, 2016) ............................................................................................................................. 12 12
Bresgal v. Brock, 13 843 F.2d 1163 (9th Cir.1987) ........................................................................................ 19
14 Covington v. Jefferson Cty.,
15 358 F.3d 626 (9th Cir. 2004) ......................................................................................... 12

16 Davidson v. Kimberly Clark Corp., 17 889 F.3d 956 (9th Cir. 2017) ......................................................................................... 10

18 Doe 2 v. Mattis,

19

344 F. Supp. 3d 16 (D.D.C. 2018) ............................................................................... 14

20 Doe v. Kelly, 878 F.3d 710 (9th Cir. 2017) ......................................................................................... 17
21

22

Easyriders Freedom F.I.G.H.T. v. Hannigan, 92 F.3d 1486 (9th Cir.1996) .......................................................................................... 19

23 Harris v. Bd. of Supervisors, Los Angeles Cty.,
24 366 F.3d 754 (9th Cir. 2004) ............................................................................ 12, 17, 18

25 Hernandez v. Wolf, 26 No. ED-CV-20-00617-THJ, slip op. (C.D. Cal. Apr. 1, 2020)..........................17, 18

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1

In re Carrier IQ, Inc., 78 F. Supp. 3d 1051 (N.D. Cal. 2015) ......................................................................... 11

2

Johnson v. California, 3 543 U.S. 499 (2005) ........................................................................................................ 14

4 Jones v. Tex. Dep’t. of Crim. Justice, 5 880 F.3d 756 (5th Cir. 2018) ......................................................................................... 17

6 LaDuke v. Nelson, 7 762 F.2d 1318 (9th Cir. 1985) ....................................................................................... 11

8 Lewis v. Casey,

9

518 U.S. 343 (1996) ........................................................................................................ 14

10 Los Angeles Haven Hospice, Inc. v. Sebelius, 638 F.3d 644 (9th Cir. 2011) ......................................................................................... 19
11 Lujan v. Defenders of Wildlife,
12 504 U.S. 555 (1992) ..................................................................................................12, 13

13 Mayfield v. United States, 14 599 F.3d 964 (9th Cir. 2010) ......................................................................................... 14

15 Mendia v. Garcia, 16 768 F.3d 1009 (9th Cir. 2014) ....................................................................................... 12

17 Michigan v. U.S. Army Corps of Engineers,

18

667 F.3d 765 (7th Cir. 2011) ......................................................................................... 16

19 Payton v. County of Kane, 308 F.3d 673 (7th Cir. 2002 .......................................................................................... 11
20

21

Pitts v. Terrible Herbst, Inc., 653 F.3d 1081 (9th Cir. 2011) ....................................................................................... 11

22 Renee v. Duncan,
23 686 F.3d 1002 (9th Cir. 2012) ....................................................................................... 13

24 Rodde v. Bonta, 25 357 F.3d 988 (9th Cir. 2004) ......................................................................................... 18

26
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1

Rodriguez v. Robbins, 715 F.3d 1127 (9th Cir. 2013) ....................................................................................... 18

2

Sosna v. Iowa, 3 419 U.S. 393 (1975) ........................................................................................................ 11

4 Thakker v. Doll, 5 No. 1:20-cv-00480-JEJ (M.D. Pa. Mar. 31, 2020) ..................................................... 17

6 Trudeau v. Bockstein,
7 No. 05-CV-1019 GLS-RFT, 2008 WL 3413903 (N.D.N.Y. Aug. 8, 2008) ................................................................................................................... 16
8 Unknown Parties v. Johnson,
9 No. CV-15-00250-TUC-DCB, 2016 WL 8188563 (D. Ariz.
10 No. 18, 2016)................................................................................................................... 17

11 Velazquez v. GMAC Mortg. Corp., 12 No. CV-08-05444 (DDP), 2009 WL 2959838 (C.D. Cal. Sept.
10, 2009)........................................................................................................................... 11 13
Other Authorities 14 15 PBNDS § 5.8.V.C ................................................................................................................... 3
16 Rules

17 Fed. R. Civ. P. 23 .................................................................................................................. 10

18

19

20

21

22

23

24

25

26
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1

INTRODUCTION

2 On behalf of the Nationwide Housing Unit Sanitation Policy (HUSP) Class,
3 Plaintiffs request minimal but vital relief: exempt the HUSP Class Members from
4 cleaning the common areas in GEO’s detention centers, or, in the alternative, provide
5 the individuals performing the cleaning with protective equipment and test them for
6 COVID-19. GEO’s HUSP violated human trafficking laws before the COVID-19
7 epidemic, but GEO’s cost-cutting HUSP program now threatens Class Members’ lives.
8 GEO contests a great many aspects of Plaintiffs’ application. But it cannot
9 contest the central reality of this moment: a highly contagious, deadly, and incurable
10 virus that has ravaged the world and swept across America is now spreading at an
11 exponential rate inside this country’s immigration detention centers:
12

13

14

15

16

17

18

19

20

21 Source: www.ice.gov/coronavirus (Confirmed Cases tab).

22

Time is of the essence. And the HUSP Class is running out of it. If Class

23 Members are to be spared the likelihood of infection by the thousands and

24 hospitalization or death in the hundreds, the Court must act now. Assurances by GEO

25 wardens and federal officials that they are “monitoring”—but not actually following—

26 guidelines by the Centers for Disease Control and Prevention (CDC) fall flat when

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1 measured against the results of these efforts and the impulse of GEO’s profit-driven

2 motives.1

3

GEO’s HUSP program exceeds the company’s lawful authority from the federal

4 government and forces Class Members to perform labor for GEO under threats for

5 force, abuse of process, and other serious harms. While Class Members will prove the

6 merits of their claim in trial, the parties’ present dispute centers on whether the risk of

7 harm to Class Members in light of the COVID-19 epidemic is so immediate and so

8 irreparable as to require emergency intervention by this Court.

9

On the record before the Court, GEO cannot meaningfully contest that its

10 practice of forcing Class Members to clean and sanitize and disinfect common living

11 areas puts Class Members at far greater risk of infection, disease, and death than if GEO

12 staff performed the cleaning tasks. Similarly, and in the alternative, simply providing

13 Class Members with sufficient personal protective equipment, cleaning supplies, and

14 COVID-19 testing to ensure their safety would mitigate this immediate, present risk.

15

For GEO, risking Class Members’ lives is a business decision: protecting them

16 costs money. Instead, GEO chooses to force Class Members to perform sanitation

17 tasks without protection. The Court should stop GEO’s unprotected implementation

18 of the HUSP program in order to protect Class Members from COVID-19 exposure.

19 In the present circumstance, the law calls for relief for the Class Members.

20

21

22 1 Notably, on the day Plaintiffs filed the TRO application, GEO announced a nearly $60 million dividend to its

23 shareholders: We are pleased to declare a quarterly cash dividend of $0.48 per share, or $1.92

24

per share annualized, which is indicative of our continued commitment to return value to our shareholders.

25

George C. Zoley, Chairman and Chief Executive Officer of GEO (quoted from GEO press release dated April 6, 2020) following a Board of Directors meeting in Boca Raton.

26

https://www.businesswire.com/news/home/20200406005049/en/GEO-Group-Declares-Quarterly-CashDividend-0.48.

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ISSUES PRESENTED 1

2

Because GEO’s Opposition relies on factual and legal red herrings, Plaintiffs first

3 clarify the scope of several issues before the Court.

4

A. The Merits: Plaintiffs’ Nationwide HUSP allegations pertain to

labor beyond the scope of required personal housekeeping tasks

5

enumerated in the PBNDS.

6

Plaintiffs allege—and GEO admits—that GEO maintains HUSPs at each of its

7 facilities requiring Class Members to perform cleaning and sanitization work without

8 remuneration outside their immediate living areas.2 Because Section 5.8.V.C of the

9 federal Performance-Based National Detention Standards (“PBNDS”) provides only

10 four enumerated tasks GEO can force detained immigrants to perform without pay

11 under threat of sanctions, and GEO’s HUSPs go beyond those four tasks, Plaintiffs

12 contend GEO is liable for violating the Trafficking Victims Protection Act (“TVPA”).

13

GEO muddies the waters by conflating its HUSP with the PBNDS. But the

14 PBNDS does not give it a blank check to compel cleaning and sanitation of common

15 areas. And GEO uses phrases like “cleaning up after themselves,” “housekeeping

16 duties,” “keeping one’s area clean,” and “cleaning one’s living area”3 to describe to

17 GEO’s HUSP program when that is not what this case is about. The TVPA claims of

18 the Nationwide HUSP Class have always been about GEO’s HUSP program, and that

19 remains true today.

20

B. The Harm: GEO forces Class Members to face increased risk of

exposure to COVID-19 by requiring they clean common areas

21

without reliable access to soap, sanitizer, disinfectants, or PPE.

22

GEO states that “Plaintiffs provide absolutely no evidence that detainees are at

23 a higher risk of contracting COVID-19 by cleaning up after themselves in their general

24

25 2 See Dkt. 223 at 3–7 (setting forth PBNDS § 5.8.V.C-permitted tasks and contrasting with the labor GEO

26

requires through its HUSP program. See also Dkt. 252 at 5–7 (discussing the HUSP program). 3 See, e.g., Dkt. 255 at 8.

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1 living areas.” The assertion defies both logic and the CDC’s recommendations.4 By

2 definition, people are exposed to whatever they are cleaning. And GEO’s HUSP

3 program compels this exposure because GEO refuses either to supply Class Members

4 with proper PPE and cleaning chemicals or to pay its own employees to do the

5 cleaning.5 This unprotected, preventable exposure of Class Members to COVID-19,

6 along with the illness and death it will cause them, combine to present immediate,

7 irreparable harm to Class Members because of GEO’s unlawful forced labor policy.

8

C. The Relief: Plaintiffs seek an order enjoining GEO’s HUSPs to

ensure that anyone who cleans their common living areas is safe.

9

GEO describes the relief requested as “the elimination of housekeeping

10

requirements” and, later, suggest that “Plaintiffs proposed relief . . . would be

11

inconsistent with the clear guidance from the CDC.”6 But Plaintiffs are not asking that

12

GEO cease cleaning common areas; rather, Plaintiffs simply seek to have GEO stop

13

forcing Class Members to perform these tasks in violation of the PBNDS and TVPA.

14

Acknowledging that the nature of the global pandemic may present staffing challenges

15

for GEO,7 Class Members alternatively propose an order requiring GEO to

16

immediately equip Class Members with PPE when performing the work, and supply

17

sufficient testing to avoid community spread through GEO’s use of detained

18

immigrants to conduct the cleaning tasks GEO cannot perform using its own workers.

19

20
4 So too does the assertion that “it is unclear how detainees are at a higher risk of contracting COVID-19 by
21 complying with a policy that serves to ensure that basic tenets of personal hygiene are followed.”
5 Second Declaration of Daniel Charest, Ex. B, Adam Kimball Richards, M.D., M.P.H. Decl. (Richards Decl.) ¶
22 41 (“The process of wiping, scrubbing or otherwise removing virus particles from potentially contaminated
surfaces increases aerosolization of viral particles and increases risk of infection.”); Ex. E., Homer Venters, M.D.
23 Decl (Venters Decl.) ¶ 3.e. All exhibits cited in this reply are exhibits to the Second Declaration of Daniel Charest
unless otherwise noted.
24 6 See, e.g., Dkt. 255 at 2, 15.
7 See, e.g., Alex Rose, “Guards: GEO stiffs employees infected with COVID-19,” Delco Times (Apr. 11, 2020)
25 available at https://www.delcotimes.com/news/guards-geo-stiffs-employees-infected-with-covid-
26 19/article_1cb59fb8-7b82-11ea-9532-4f56c2d92c2e.html.

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1 Class Members, forced by GEO to risk their lives working in unsafe areas GEO owns,

2 ask simply that either GEO use the employees it pays do so, or at the very least, supply

3 the protective measures necessary to reduce Class Members exposure to disease, serious

4 illness, and even death. But GEO resists even this. And, to protect the Class Members,

5 the Court should grant the injunctive relief Plaintiffs seek.

6

REBUTTAL EVIDENCE

7

What Doctors Say: All epidemiology supports injunctive relief.

8

GEO presents the Court with a number of declarations by non-medical

9 personnel attesting to the sufficiency of the company’s alleged efforts to prevent the

10 spread of COVID-19 within its facilities. To rebut these declarations, Plaintiffs offer

11 declarations from four leading medical experts who offer their opinions as to the efforts

12 GEO and ICE describe.8

13

Doctor Adam Kimball Richards, a licensed California infectious disease clinician,

14 who is himself treating COVID-19 patients in the Los Angeles area, offers his opinion

15 regarding the grave risk of harm GEO’s HUSP program poses to Class Members at

16 Adelanto. Based on his review of the Valdez and Janecka declarations, Dr. Richards

17 concludes that GEO’s sub-par efforts to control COVID-19 in its facilities does not

18 provide sufficient protection for the Class Members involved in the HUSP:

19

By failing to provide these basic needs and requiring Class Members to clean,

20

disinfect, and sanitize[ ] their common living areas without adequate supplies,

GEO exposes them to a heightened risk of serious illness or death.9

21

22

23

24

8 Richards Decl. ¶¶ 8–14, 19–46 (analyzing the Valdez and Janecka Declarations); Venters Decl. ¶¶ 1–5 (analyzing ICE declarations regarding the agency’s COVID-19 response); Ex. H, Carlos Franco-Paredes,

25

M.D., M.P.H. Decl. (Franco-Paredes Decl.) ¶¶ 6, 28, 29, 31 (analyzing the Ceja Declaration); Ex. W, Mark Stern, M.D. Decl. (Stern Decl.) ¶¶ 8–17 (analyzing COVID-19 response at, inter alia, GEO’s Mesa Verde

26

facility). 9 Richards Decl. ¶ 46 (emphasis added).

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1

Former Rikers Island Chief Medical Officer Homer Venters, MD, MS, testifies

2 similarly as to the situation across all immigration detention facilities, including GEO’s:

3

The reliance on detainees for conducting critical environmental cleaning, without

4

proper training, protection or supervision, represents a gross deviation from

correctional practices, and will likely contribute to the spread of COVID-19

5

throughout the ICE detention system.10

6

7

Dr. Carlos Franco-Paredes, a Colorado-based epidemiologist with experience

treating patients at GEO’s Aurora facility, reached the following conclusion based on 8

9 his review of the Ceja declaration that GEO submitted:

10

[I]t is my opinion that GEO’s current protocols, even if followed to the letter,

do not substantially reduce the risk of transmission and contraction of COVID-

11

19 to detained immigrants who are required to perform the compulsory cleaning

12

and sanitation of commons areas such as showers, bathrooms, dayrooms, phone

banks, and other areas in their dorm or pod.

13

It is my opinion that detained immigrants at the Aurora facility would be

14

significantly less likely to contract COVID-19 if they were not being forced to

15

risk exposure by performing mandatory cleaning duties without access to PPE

such as masks, gloves, and without reliable testing inside the facility. 16

17

Forcing some detained immigrants at Aurora to break their social distancing by

cleaning their entire common areas amounts to a willful decision by Officer Ceja

18

and her employer [i.e., GEO] to risk preventable exposure, infection, illness, and

19

death of detained immigrants to COVID-19. In sum, the procedures Officer Ceja lays out fall woefully short of a responsible, evidence-based public health

20

approach to combatting the spread of this deadly pandemic.11

21 Finally, Dr. Marc Stern, who served for four years as a subject-matter expert on
22 healthcare in immigration detention for the Department of Homeland Security’s Office
23 for Civil Rights and Civil Liberties, has declared that the risk of spreading COVID-19
24

25

26

10 Venters Decl. ¶ 3.e (emphasis added). 11 Franco-Paredes Decl. ¶¶ 29–31.

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1 is significantly increased once the virus is introduced because detention centers are

2 congregate environments.12 He opines that GEO is “failing to implement COVID-19

3 infection control measures recommended by the CDC[ ]” at its Mesa Verde facility.13

4

Other key pieces of evidence deserve mention here:

5

• “The process of wiping, scrubbing or otherwise removing virus particles from

6

potentially contaminated surfaces increases aerosolization of viral particles and increases risk of infection. Anyone cleaning these areas should be

7

provided with PPE.”14

8

• CDC guidance explicitly states that the CDC Recommendations apply to

9

detainees as well as staff in detention facilities:

“Note that these recommendations apply to staff as well as to

10

incarcerated/detained individuals who may come in contact with

11

contaminated materials during the course of their work placement in the

facility (e.g., cleaning).”15

12

• “GEO’s decision to require detained immigrants to continue cleaning and

13

disinfecting common areas inside their dorms and pods at Adelanto without

14

providing them personal protective equipment, adequate sanitization and

disinfectant supplies, and adequate access to soap, hot water, and paper

15

towels places Class Members at Adelanto at an increased risk of contracting,

16

becoming ill, and potentially dying from COVID-19, as well as spreading the

virus if they are asymptomatic carriers.”16

17

18

19

20

21

22

23

24

12 Stern Decl. ¶ 7 (“Detention facilities are congregate environments, i.e. places where people live and sleep in close proximity.”).

25

13 Stern Decl. ¶ 9. 14 Richards Decl. ¶ 40 (emphasis added).

26

15 Richards Decl. ¶ 43 (emphasis added) (quoting CDC guidelines). 16 Richards Decl. ¶ 45 (emphasis added).

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What the CDC Says: CDC COVID-19 guidelines for correctional

1

and detention facilities require cleaning supplies and PPE.

2

In response to the COVID-19 epidemic, the CDC established guidelines for

3 correctional and detention facilities and law enforcement agencies that have custodial

4 authority for detained populations (i.e., U.S. Immigration and Customs Enforcement).17

5

To comply with CDC guidelines, GEO facilities must ensure sufficient stocks of

6 cleaning supplies (including hand drying supplies and EPA-registered disinfectants that

7 are effective against the virus that causes COVID-19) and PPE (including facemasks,

8 N95 respirators, eye protection, disposable medical gloves, and disposable gowns/one-

9 piece suits).18 Similarly, the CDC recommends that anyone who performs the cleaning

10 of these spaces wears the recommended PPE of N95 respirators, facemasks, eye

11 protection, gloves, and gowns/coveralls.19 Indeed, the CDC has specific PPE and hand

12 hygiene guidelines for those who are responsible for the cleaning and disinfection of

13 community facilities like a correctional or detention facility.20 Cleaning staff should wear

14 disposable gloves and gowns for all tasks in the cleaning process, including while

15 handling trash.21 The gloves and gowns worn should be compatible with the cleaning

16 or disinfectant product that is being used and additional PPE might be required based

17 on the cleaning or disinfectant product being used and whether there is a risk of splash.22

18

19

17 Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-
20 19) in Correctional and Detention Facilities (updated Apr. 9, 2020), available at

21

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctionaldetention.html# (last accessed April 10, 2020).

18 Id.
22 19 Centers for Disease Control and Prevention, Interim Guidance on Management of Coronavirus Disease 2019 (COVID-

23

19) in Correctional and Detention Facilities (updated Apr. 9, 2020), available https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-

at

24

detention.html#. 20 Centers for Disease Control and Prevention, Cleaning and Disinfection for Community Facilities (updated April 1,

25

2020) available disinfection.html.

at

https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-

21 Id.
26 22 Id.

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What Class Members Say: GEO’s assurances about COVID-19

1

precautions do not comport with reality.

2

In response to the factual representations by GEO’s facility administrators at

3 Adelanto, Aurora, Tacoma, and LaSalle, Class Members and their advocates offer sworn

4 testimony from Class Members,23 their lawyers,24 and their community advocates25

5 recounting the lived experiences of people locked inside GEO’s facilities. Their

6 accounts differ significantly from the rosy picture painted by GEO’s wardens. This

7 rebuttal evidence supports a finding that GEO continues to force Class Members to

8 perform mandatory cleaning, disinfection, and sanitization of common living areas at

9 all facilities covered by this Court’s Certification Order.26 They establish that GEO has

10 refused to supply Class Members with personal protective equipment like gloves,

11

12

13 23 Ex. C, Yoselin Reina Moran Decl. (Reina Decl.) (Adelanto); Ex. D, Jairo Guardado Aparicio Decl. (Guardado

14

Decl.) (Adelanto); Ex. I, C.J.H.S. Decl. (C.J.H.S. Decl.) (Adelanto); Ex. J, Karlena Dawson Decl. (Dawson Decl.) (Tacoma); Ex. K, Alfredo Espinoza Esparza Decl. (Espinoza Decl.) (Tacoma); Ex. L, Flavio Lopez

15

Gonzalez Decl. (Lopez Gonzalez Decl.) (Tacoma); Ex. M, Norma Lopez Nuñez Decl. (Lopez Nuñez Decl.) (Tacoma); Ex. N, Leonidas Plutin Hernandez Decl. (Plutin Decl.) (Tacoma); Ex. P, A.A.L. Decl. (A.A.L. Decl.)

16

(Aurora); Ex. Q, B.H.M. Decl. (B.H.M. Decl.) (Aurora); Ex. R, D.R.M. Decl. (D.R.M. Decl.) (Aurora); Ex. X, Juan Carlos Minchaca Ramos Decl. (Minchaca Decl.) (Mesa Verde); Ex. Y, Claude Bent Decl. (Bent Decl.)

17

(Mesa Verde). 24 Ex. F, Meredyth Yoon, Esq. Decl. (Yoon Decl.) ¶¶ 5–17 (describing conditions observed by attorneys with

18

the Southern Poverty Law Center (SPLC)’s Southeast Immigrant Freedom Initiative (SiFi) serving Class Members at GEO’s Folkston facility); Ex. G, Karina Huber, Esq. Decl. (Huber Decl.) ¶¶ 3–33 (describing

19

conditions observed by attorneys with SPLC SiFi serving Class Members at GEO’s Jena, Pine Prairie, and South Louisiana facilities); Ex. O, Andrew W. Augustine, Esq. Decl. (Augustine Decl.) ¶¶ 3–11 (describing

20

conditions observed providing representation to Class Members at GEO’s Tacoma facility); Ex. S, Christina Brown, Esq. Decl. (Brown Decl.) ¶¶ 4–11 (describing her experiences representing Class Members at GEO’s

21

Aurora facility); Ex. U, Supplemental Decl. of Lisa Knox, Esq. (Supp. Knox Decl.) ¶¶ 3–11 and Ex. V, Lisa Knox, Esq. Decl. (Knox Decl.) ¶¶ 3–11(describing conditions obtained by attorneys with Centro Legal de la

22

Raza serving Class Members at GEO’s Mesa Verde facility); Ex. Z, Kathrine Russell, Esq. Decl. (Russell Decl.) ¶¶ 2–10 (describing conditions observed by attorneys with the Refugee and Immigrant Center for Education

23

and Legal Services (RAICES) serving Class Members at GEO’s Pearsall facility); Ex. AA, Tatiana Obando Decl. (Obando Decl.) ¶¶ 3–10 (describing conditions observed by RAICES attorneys serving Class Members

24

at GEO’s Joe Corley and Montgomery facilities). 25 Ex. A, Rebecca Merton Decl. (Merton Decl.) ¶¶ 5–10 (describing recent Freedom For Immigrants hotline

25

calls by Class Members in GEO’s Adelanto, Aurora, Jena, Mesa Verde, South Louisiana, and Tacoma facilities); Ex. T, Francis L. ‘Bud’ Conlin Decl. (Conlin Decl.) ¶¶ 3–19 (describing conditions observed and reported by

26

Class Members at GEO’s Broward facility). 26 Merton Decl. ¶¶ 5–10 (Adelanto, LaSalle, Northwest, Aurora, South Louisiana, and Mesa Verde).

9

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1 eyewear, N95 masks, and gowns when they are forced to clean pursuant to the HUSP.27

2 They demonstrate a chronic shortage of access to adequate, quality supplies of hand

3 soap, sanitizer, and cleaning supplies.28 And these declarations establish that GEO

4 increases the risk of harm to Class Members by failing to allow them to practice social

5 distancing guidelines.29 In sum, the factual assertions of GEO facility administrators do

6 not align with the facts on the ground at their facilities. And the facts demand action.

7

ARGUMENT

8

Plaintiffs and the Class have Article III standing.

9

GEO cites and quotes blanket precepts regarding the three-part test for standing.

10 But it fails to correctly apply those axioms to the factual and procedural circumstance

11 here: a certified class under Fed. R. Civ. P. 23(b). Not a single case cited by GEO

12 involves a class action, much less a certified class. By contrast, this case concerns the

13 certified Nationwide HUSP Class of thousands of detained immigrants who are forced

14 to implement GEO’s “total sanitation mission” by cleaning “all commonly accessible

15 areas of the unit” including “microwaves, tables, and chairs.”30

16

While GEO correctly lists the three requirements of standing, “injury-in-fact,

17 causation, and redressability,”31 the question for this case is whether they are met based

18 on the claims as plead and the record before this Court: a certified class that seeks

19 injunctive relief to bar using Class Members to provide services under the HUSPs.

20

21

22

27 Merton Decl. ¶¶ 5–10 (Adelanto, LaSalle, Northwest, Aurora, South Louisiana); Yoon Decl. ¶ 17 (Folkston); Russell Decl. ¶¶ 7–10 (South Texas).

23

28 Merton Decl. ¶¶ 5–9 (Adelanto, LaSalle, Northwest, Aurora, South Louisiana); Yoon Decl. ¶ 9 (Folkston); Huber Decl. ¶¶ 19–20, 22–23 (Jena, Pine Prairie, South Louisiana); A.A.L. Decl. ¶¶ 3–5 (Aurora); Conlin

24

Decl. ¶¶ 7–8, 15–17 (Broward); Supp. Knox Decl. ¶ 8 (Mesa Verde); Russell Decl. ¶ 8 (Pearsall). 29 Merton Decl. ¶¶ 5-9 (Adelanto, LaSalle, Northwest, Aurora, South Louisiana); Yoon Decl. ¶¶ 6–7

25

(Folkston); Huber Decl. ¶¶ 4, 6 (Jena, Pine Prairie, South Louisiana); Conlin Decl. ¶ 6 (Broward); Supp. Knox Decl. ¶ 6 (Mesa Verde); Russell Decl. ¶¶ 4–6 (Pearsall).

26

30 Dkt 223 at 6. 31 Davidson v. Kimberly Clark Corp., 889 F.3d 956, 967 (9th Cir. 2017)

10

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1

i. GEO’s failure to address the standing question in the context of a certified class dooms its Article III

2

challenge.

3

“[O]nce certified, a class acquires a legal status separate from that of the named

4 plaintiffs,” such that the named plaintiff’s loss of standing does “not necessarily call for

5 the simultaneous dismissal of the class action, if members of that class might still have

6 live claims.”32 The existence of a certified class changes the focus from named

7 representatives to the HUSP Class as a whole:

8 [O]nce a class is properly certified, statutory and Article III standing

9

requirements must be assessed with reference to the class as a whole, not simply

10

with reference to the individual named plaintiffs. The certification of a class

changes the standing aspects of a suit, because a properly certified class has a

11

legal status separate from and independent of the interest asserted by the named

12

plaintiff.33

13

The Court should disregard GEO’s arguments based on the lack standing of the

14 individual movants to pursue the injunctive relief sought. That is not the inquiry.

15

ii. The HUSP Class has standing to pursue injunctive relief.

16

Plaintiffs’ live pleadings seek injunctive relief prohibiting GEO from compelling 17
Class Members’ participation in the HUSPs.34 The injunctive relief plead for in the 18

19 32 Velazquez v. GMAC Mortg. Corp., No. CV-08-05444 (DDP), 2009 WL 2959838, at *3 (C.D. Cal. Sept. 10, 2009).
33 In re Carrier IQ, Inc., 78 F. Supp. 3d 1051, 1072 (N.D. Cal. 2015) (emphasis added) (quoting Payton v. County of
20 Kane, 308 F.3d 673, 680 (7th Cir. 2002)); see also Sosna v. Iowa, 419 U.S. 393, 399 (1975) (“When the District
Court certified the propriety of the class action, the class of unnamed persons described in the certification
21 acquired a legal status separate from the interest asserted by appellant.”); Pitts v. Terrible Herbst, Inc., 653 F.3d
1081, 1090 (9th Cir. 2011) (once a class has been certified, “an Article III controversy now exists between a
22 named defendant and a member of the certified class”); Bates v. United Parcel Service, Inc., 511 F.3d 974, 987 (9th
Cir. 2007) (stating that once a class has been certified, “the class of unnamed persons described in the
23 certification acquires a legal status separate from the representative”); LaDuke v. Nelson, 762 F.2d 1318, 1325
(9th Cir. 1985) (noting that “certification will preserve a class’s standing even after the named individual
24 representatives have lost the required ‘personal stake’”).
34 See Dkt. 184 (Third Amended Complaint) ¶ 189 (seeking a Rule 23(b)(2) injunction prohibiting “GEO policies
25 and practices that place every detainee at the Adelanto and GEO’s other civil immigration detention facilities
in peril of wage theft, forced labor, attempted forced labor, and serious harm”); id. at ¶ 237(a) (seeking relief
26

11
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1 Third Amended Complaint has not changed—only its urgency. And Article III standing

2 is present here for the HUSP Class to seek that relief.

3

1. Class Members face an injury that is “concrete and

particularized” and “actual or imminent.” 4

“To satisfy the ‘injury in fact’ requirement, plaintiffs must allege an imminent

5

threat of concrete injury, and must distinguish themselves from the public at large by

6 demonstrating that the alleged injury ‘affect[s them] in a personal and individual way.’”35

7

Actual injury need not be proven; a “concrete risk of harm . . . is sufficient for injury in

8 fact.”36 That requirement is met because the injuries and rights abuse original outlined

9

in the complaint remain. And, added to those, Class Members face an imminent threat

10

of severe illness and death.

11

2. The threatened injury is “fairly traceable to the

12

challenged action” of GEO.

13

For Article III purposes, standing’s causation element “requires a showing that

14 [the] injury is ‘fairly traceable to the challenged action of the defendant, and not the

15 result of the independent action of some third party not before the court.’”37 The

16 causation component is met here since Class Members are less likely to contract

17 COVID-19 if they do not participate in the HUSP.

18

On this issue, GEO posits yet another a false framing of Plaintiffs’ claims.

19 Plaintiffs do not contend that “ending general housekeeping policies would make it less

20

21 from being forced to provide “janitorial, maintenance, or other work at a GEO civil immigration detention

22

facility above and beyond the four personal housekeeping tasks enumerated in the ICE PBNDS pursuant to GEO’s HUSP”).

23

35 Harris v. Bd. of Supervisors, Los Angeles Cty., 366 F.3d 754, 761 (9th Cir. 2004) (quoting Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992)).

24

36 Covington v. Jefferson Cty., 358 F.3d 626, 638 (9th Cir. 2004). 37 Mendia v. Garcia, 768 F.3d 1009, 1012 (9th Cir. 2014) (quoting Bennett v. Spear, 520 U.S. 154, 167 (1997); see

25

also Beverly Hills Unified Sch. Dist. v. Fed. Transit Admin., No. CV 12-9861-GW(SSX), 2016 WL 4650428, at *107 (C.D. Cal. Feb. 1, 2016) (noting that “standing does not require the defendant’s action to be the sole

26

source of the injury [and] there is no requirement that the defendant’s conduct comprise the last link in the chain” citations omitted).

12

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

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1 likely for individuals to contract COVID-19 in the future.”38 Nor do they seek to stop

2 the “routine cleaning of frequently touched surfaces.”39 Never do Plaintiffs argue

3 GEO’s efforts to clean and sanitize the facilities should be ended or even curtailed.

4 Plaintiffs only seek an order that stops GEO from forcing Class Members to perform

5 those tasks: the same relief sought in the Third Amended Petition.40

6

GEO should continue all sanitation efforts. But GEO should employ properly

7 screened and protected workers to do so. In light of GEO’s April 6 dividend of $.48

8 per share (which amounts to nearly $60 million), GEO has the resources to hire, equip,

9 and pay workers who accept its risks, rather than Class Members, who do the work

10 under force. GEO chooses not to pay for Class Members’ work. GEO chooses to put

11 Class Members in those situations without PPE and training.41 Either way, the

12 requested relief will reduce the spread of COVID-19 among Class Members.

13

3. The Court can redress Plaintiffs’ claims.

14

To establish redressability, a plaintiff must show that it is “likely, as opposed to

15 merely speculative, that the injury will be redressed by a favorable decision.”42 The

16 burden to demonstrate redressability is “relatively modest.”43 A party “need not

17 demonstrate that there is a ‘guarantee’ that [her] injuries will be redressed by a favorable

18

19

20

21 38 GEO Response, Dkt. 255 at 10.

22

39 Id. 40 See Dkt. 184 at 48–51. GEO also puts forth a false premise that Plaintiffs’ motion is deficient because they do

23

not explicitly challenge the practice of obtaining Voluntary Work Program (“VWP”) volunteers to assist with cleaning tasks in the housing areas. GEO Response, Dkt. 255 at 8–9. But, as this Court is aware, the VWP Class

24

is only for detainees at the Adelanto Facility, and each one of those detainees is a member of the HUSP Class, rendering GEO’s argument disingenuous at best.

25

41 Indeed, a telling revelation would be whether GEO would (or even could) get “outside” workers to perform the HUSP tasks without the PPE and supplies it has not provided to Class Members.

26

42 Lujan, 504 U.S. at 561. 43 Renee v. Duncan, 686 F.3d 1002, 1013 (9th Cir. 2012).

13

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

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1 decision;”44 rather, a plaintiff need only “show a ‘substantial likelihood’ that the relief

2 sought would redress the injury.”45

3

An order removing Class Members from the HUSPs work force would address

4 the imminent threat of their contracting COVID-19 by being forced to clean common

5 areas that are frequented by the overall populace. Moreover, “[t]he scope of injunctive

6 relief is dictated by the extent of the violation established.”46 Entry of the requested

7 order will protect Class Members system wide, a result that “can prevent a ‘flood of

8 duplicative litigation’ by allowing similarly situated non-party individuals to benefit from

9 an injunction rather than filing separate actions for similar relief.”47

10

On the record before the Court, Plaintiffs meet and exceed the required showing

11 for the relief requested.

12

Plaintiffs are entitled to injunctive relief.

13

i. Plaintiffs are likely to succeed on the merits.

14 Rather than address the TVPA claim that the Nationwide HUSP Class actually
15 asserts, GEO’s opposition fabricates two of its own and knocks those down instead.
16 The Court should reject GEO’s straw-man arguments.
17 First, GEO argues that a policy it does not implement complies with the TVPA.
18 Specifically, it argues that Barrientos v. CoreCivic, Inc. “explicitly endorsed the
19 housekeeping procedures at issue in this action.”48 GEO’s argument misstates the 20

21

22

44 Id. 45 Mayfield v. United States, 599 F.3d 964, 971 (9th Cir. 2010).

23

46 Armstrong v. Davis, 275 F.3d 849, 861 (9th Cir. 2001), abrogated on other grounds, Johnson v. California, 543 U.S. 499 (2005) (citing Lewis v. Casey, 518 U.S. 343, 359 (1996)).

24

47 See Doe 2 v. Mattis, 344 F. Supp. 3d 16, 24 (D.D.C. 2018); see also id. at 25 (“Here, Plaintiffs have established a likelihood of success on their claim that Defendants’ plan constitutes a systemwide violation of their rights.

25

Accordingly, the systemwide scope of the Court's preliminary injunction is appropriate.”). As is clear from the many declarations submitted in this and other actions in this District, litigation seeking to protect detainees from

26

the COVID-19 threat is pending in courts across the country. 48 Dkt. 255 at 12.

14

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

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1 record and minimizes its own HUSP. The court in Barrientos declined to “call into

2 question longstanding requirements that detainees or inmates be required to perform

3 basic housekeeping tasks.”49 But basic housekeeping in Barrientos means “certain

4 ‘personal housekeeping’ tasks such as “making their bunk beds daily,’ ‘stacking loose

5 papers,’ and ‘keeping the floor free of debris.’”50 The Barrientos court noted, however,

6 that “forc[ing] detainees to perform labor (beyond personal housekeeping tasks)”

7 violates the TVPA.51

8

GEO’s HUSP requires detainees to do more than the personal housekeeping in

9 Barrientos. GEO’s HUSP provides that “all Housing Units will be subject to a total

10 sanitation mission to assure standards are met and maintained.”52 And this assignment

11 is not voluntary. If the HUSP Class does not comply with the HUSP, GEO threatens

12 them with punishment.53 Further, the Court has rejected the argument that these tasks

13 cannot constitute a TVPA violation three times: twice when it denied GEO’s two

14 motions to dismiss and, again, when it certified the Nationwide HUSP Class.54

15

Second, GEO asserts that a claim (which the Class does not assert) is unlikely to

16 succeed. In this regard, GEO argues that Plaintiffs cannot show a likelihood of success

17 on the merits because they have not shown that their exposure to COVID-19 violates

18 the TVPA.55 This argument conflates the likelihood-of-success and irreparable-harm

19 inquiries. A likelihood of success on the merits “is an early measurement of the quality

20

21

22 49 Barrientos v. CoreCivic, Inc., 951 F.3d 1269, 1278 (11th Cir. 2020).

23

50 Id. at 1272 (quoting PBNDS §§ 5.8(II)(2), 5.8(V)(C)). 51 Id. at 1277 (emphasis added); see also id. at 1272 (quoting PBNDS §§ 5.8(I), 5.8(V)(A)).

24

52 Wright Decl. (Dkt. 193), Ex. 18 (Housekeeping Plan) at 2. 53 Dkt. 192-3 (Novoa Decl.) ¶ 13; Dkt. 192-4 (Campos Fuentes Decl.) ¶¶ 14, 15; Dkt. 192-5 (Karim Decl.) ¶¶

25

10–13; Dkt. 192-6 (Mancia Decl.) ¶¶ 10–11; Dkt. 192-8 (Munoz Decl.) ¶¶ 5, 6, 9; Dkt. 192-7 (Marwaha Decl.) ¶¶ 11–13.

26

54 See Dkt. 44 at 16; Dkt. 61 at 8–9; Dkt. 223. 55 Dkt. 255 at 11–12.

15

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

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1 of the underlying lawsuit, while the likelihood of irreparable harm takes into account

2 how urgent the need for equitable relief really is.”56

3

The HUSP Class’s exposure to COVID-19 is not the basis for their TVPA claim.

4 The basis of the Class’s TVPA claim remains the same as it was before the epidemic:

5 forcing the Nationwide HUSP Class to clean the common areas in its facilities under

6 threat of deportation, punishment, or solitary confinement violates the TVPA. What

7 has changed, however, is the urgency of the need for equitable relief. And while GEO’s

8 violations of forced-labor law has always been illegal, it now threatens Class Members

9 with serious illness and death.

10

ii. The Nationwide HUSP Class will suffer irreparable harm

11

in the absence of an injunction.

12

Each time GEO forces the Nationwide HUSP Class to clean common areas

13 without proper personal protective equipment carries the potential that Class Members

14 will contract COVID-19, fall gravely ill, and possibly die. GEO, nonetheless, asserts

15 that reducing the Class’s exposure to high-touch surfaces or providing the Class

16 protective equipment while cleaning those surfaces “would not meaningfully reduce the

17 spread of COVID-19” in its facilities.57 But exempting the Nationwide HUSP Class

18 from the HUSP during the COVID-19 epidemic will completely eliminate the risk that

19 GEO’s TVPA violations will expose Class Members to COVID-19. That GEO believes

20 the virus will spread in its facilities even after this risk is eliminated only underscores

21 the urgency of the Class’s motion.

22

GEO argues that the movants are not in detention, so they “will not suffer any

23 harm regardless of the outcome of this motion.”58 In doing so, GEO conflates a

24

25

56 Michigan v. U.S. Army Corps of Engineers, 667 F.3d 765, 787–88 (7th Cir. 2011); see also Trudeau v. Bockstein, No. 05-CV-1019 GLS-RFT, 2008 WL 3413903, at *4 (N.D.N.Y. Aug. 8, 2008).

26

57 Dkt. 255 at 15. 58 Id. at 14.

16

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

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1 standing inquiry—whether the Plaintiffs can bring this motion when they are no longer

2 in detention—and the inquiry as to whether the Nationwide HUSP Class will benefit

3 from the temporary restraining order. As explained above, the HUSP Class has standing

4 to bring this motion. And there is little doubt that the thousands of Class Members

5 currently in detention will benefit by reducing contact with high-touch surfaces, having

6 personal protective equipment, and being tested for COVID-19.

7

GEO also argues that the availability of habeas relief “negat[es] the need for

8 injunctive relief.”59 This argument completely misses the point. GEO may well be right

9 that the conditions of confinement in its facilities are so poor as to merit habeas relief

10 against the federal government. But that does not change the analysis as to GEO.

11 Regardless of whether the HUSP Class has causes of action against non-parties, GEO’s

12 violation of the TVPA still subjects the HUSP Class to an injury that cannot be

13 remedied at law—severe illness and death. Courts regularly and correctly find that these

14 are irreparable harms that merit injunctive relief.60

15

Moreover, the only case GEO cites in support of this argument, Hernandez v.

16 Wolf, disproves GEO’s position. In Hernandez, the plaintiff filed a petition for a writ of

17 habeas corpus alleging that the conditions of his confinement in GEO’s detention

18 facility violated his constitutional rights.61 The plaintiff then filed a motion for a

19 temporary restraining order demanding the immediate release from the facility.62 Were

20 GEO correct that the ability of habeas relief precluded injunctive relief, the court would

21

22 59 Dkt. 255 at 14.

23

60 Harris v. Bd. of Supervisors, Los Angeles Cty., 366 F.3d 754, 756 (9th Cir. 2004); Unknown Parties v. Johnson, No. CV-15-00250-TUC-DCB, 2016 WL 8188563, at *15 (D. Ariz. No. 18, 2016), aff’d sub nom Doe v. Kelly, 878 F.3d

24

710 (9th Cir. 2017); Jones v. Tex. Dep’t. of Crim. Justice, 880 F.3d 756, 760 (5th Cir. 2018); Thakker v. Doll, No. 1:20-cv-00480-JEJ, Memorandum and Order (M.D. Pa. Mar. 31, 2020) (“Based upon the nature of the virus,

25

the allegations of current conditions in the prisons, and Petitioners’ specific medical concerns, detailed below, we therefore find that Petitioners face a very real risk of serious, lasting illness or death.”).

26

61 Hernandez v. Wolf, No. ED-CV-20-00617-THJ, slip op. at 7 (C.D. Cal. Apr. 1, 2020). 62 Id.

17

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

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1 have denied the plaintiff’s motion. It did not. The court granted the plaintiff’s motion

2 and released him from GEO’s custody without a final judgment on the merits of his

3 habeas petition.63

4

iii. The balance of the equities and the public interest favor

5

a temporary restraining order.

6

GEO does not even try to address whether balancing the equities favors a

7 temporary restraining order. The result of that inquiry is clear: The Nationwide HUSP

8 Class’s interest in reducing their exposure to a potentially deadly virus outweighs GEO’s

9 economic interest in obtaining unpaid labor through violations of federal human-

10 trafficking law.64 And GEO suffers no injury when it is forced to comply with the law

11 or the PBNDS.65 To the contrary, GEO admits that its staff, administration, and

12 families will benefit by reducing the HUSP Class’s exposure to COVID-19.66

13

Rather than tangle with this issue, GEO only addresses whether a temporary

14 restraining order favors the public interest. Both parties agree that “the best methods

15 for preventing spread of COVID-19 . . . include ‘routinely cleaning and disinfecting

16 surfaces and objects that are frequently touched.’”67 Plaintiffs only ask that GEO’s staff

17 do this work. And, on this point, GEO indicates agreement with Plaintiffs when GEO’s

18 brief admits that “the public interest is best served by allowing the orderly medical

19 processes and protocols implemented by government professionals.”68 The HUSP

20

21 63 Id. at 13–14.

22

64 See Rodde v. Bonta, 357 F.3d 988, 998 (9th Cir. 2004); Harris v. Bd. of Supervisors, Los Angeles Cty., 366 F.3d 754, 766 (9th Cir. 2004).

23

65 See Rodriguez v. Robbins, 715 F.3d 1127, 1145 (9th Cir. 2013); Hernandez v. Wolf, No. 5:20-cv-00617-TJH (C.D. Cal.) (“[T]here is no harm to the Government when a court prevents the Government from engaging in

24

unlawful practices.”). 66 Dkt. 256-1 (Janecka Decl.) ¶ 4 (declaring that the “health, safety, and well-being of detainees . . . correlates

25

with the health, safety, and well-being of GEO staff, GEO administration, and [their] families.”); Dkt. 256-2 (Ceja Decl.) ¶ 3 (same); Dkt. 256-3 (Cole Decl.) ¶ 4 (same); Dkt. 256-4 (Langford Decl.) ¶ 5 (same).

26

67 Dkt. 255 at 16 (quoting the CDC’s website) (emphasis removed). 68 Dkt. 255 at 16 (emphasis added).

18

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

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1 Class currently implements those protocols. But does so without protection. And the

2 public interests are served by cleanliness that does not infect Class Members.

3

GEO’s argument against protecting Class Members falsely assumes that its

4 facilities will go uncleaned without the unpaid labor it has obtained by threats and uses

5 of force. If GEO cannot perform the HUSP tasks with its own paid labor force,

6 Plaintiffs’ motion provides another option: “protect those detainees who provide

7 HUSP services by (i) providing protective clothing and antiseptic supplies and (ii)

8 conducting testing of all Class Members to detect COVID-19.”69 To that, GEO has no

9 answer on the merits.

10

As a last resort, GEO argues the temporary restraining order weighs against the

11 public interest because all nationwide injunctions are against the public interest.70 The

12 Ninth Circuit and its District Courts disagree. The only courts that have expressed

13 reservations about a court’s ability to enter a nationwide TRO were limited to

14 injunctions issued before class certification.71 There is no such concern in this case, as

15 the Court has already certified a nationwide HUSP Class.72

16

CONCLUSION

17 For the foregoing reasons, Plaintiffs request this Court grant a temporary
18 restraining order in the form submitted and set this matter for determination of
19 extending its ruling in the form of a preliminary injunction.
20

21

22

69 Dkt. 252 at 2. 70 Dkt. 255 at 19 (describing a district court’s ability to issue a nationwide injunction as “tenuous at best”).

23

71 Los Angeles Haven Hospice, Inc. v. Sebelius, 638 F.3d 644, 664 (9th Cir. 2011) (noting that the rule against issuing overly burdensome injunctions “applies with special force where there is no class certification”); Easyriders

24

Freedom F.I.G.H.T. v. Hannigan, 92 F.3d 1486, 1501 (9th Cir.1996) (“[I]njunctive relief generally should be limited to apply only to named plaintiffs where there is no class certification.”); cf. Bresgal v. Brock, 843 F.2d

25

1163, 1170–71 (9th Cir.1987) (there is no bar against nationwide relief in the district courts or courts of appeal, even if the case was not certified as a class action, if such broad relief is necessary to give prevailing

26

parties the relief to which they are entitled). 72 Dkt. 229 at 2.

19

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

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EX PARTE APPLICATION FOR A TEMPORARY

RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 259 Filed 04/12/20 Page 26 of 28 Page ID #:5508

1 Dated: April 12, 2020 2

Respectfully submitted,

3

/s/ Daniel H. Charest

Daniel H. Charest (admitted pro hac vice)

4

dcharest@burnscharest.com

5

TX Bar # 24057803 Will Thompson (CA Bar # 289012)

6

wthompson@burnscharest.com

7

Warren Burns (admitted pro hac vice) wburns@burnscharest.com

8

TX Bar # 24053119

9

E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com

10

TX Bar # 20585590

BURNS CHAREST LLP

11

900 Jackson St., Suite 500

12

Dallas, Texas 75202

Telephone: (469) 904-4550

13

Facsimile: (469) 444-5002

14

Robert Ahdoot (CA Bar # 172098)

15

rahdoot@ahdootwolfson.com

16

Tina Wolfson (CA Bar # 174806)

twolfson@ahdootwolfson.com

17

Theodore W Maya (CA Bar # 223242)

18

tmaya@ahdootwolfson.com

Alex R. Straus (CA Bar # 321366)

19

astraus@ahdootwolfson.com

20

AHDOOT & WOLFSON, PC

10728 Lindbrook Drive

21

Los Angeles, California 90024-3102

22

Telephone: (310) 474-9111

Fax: (310) 474-8585

23

24

Korey A. Nelson (admitted pro hac vice)

knelson@burnscharest.com

25

LA Bar # 30002

26

20

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

EX PARTE APPLICATION FOR A TEMPORARY

RESTRAINING ORDER REQUIRING COVID-19

PREVENTION MEASURES FOR NATIONWIDE

HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 259 Filed 04/12/20 Page 27 of 28 Page ID #:5509

1

Lydia A. Wright (admitted pro hac vice) lwright@burnscharest.com

2

LA Bar # 37926

3

C. Jacob Gower (admitted pro hac vice) jgower@burnscharest.com

4

LA Bar # 34564

5

BURNS CHAREST LLP 365 Canal Street, Suite 1170

6

New Orleans, LA 70130

Telephone: (504) 799-2845

7

Facsimile: (504) 881-1765

8

R. Andrew Free (admitted pro hac vice)

andrew@immigrantcivilrights.com

9

TN Bar # 030513

10

LAW OFFICE OF R. ANDREW FREE

P.O. Box 90568

11

Nashville, TN 37209

12

Telephone: (844) 321-3221

Facsimile: (615) 829-8959

13

14

Nicole Ramos (admitted pro hac vice)

nicole@alotrolado.org

15

NY Bar # 4660445

16

AL OTRO LADO

511 E. San Ysidro Blvd., # 333

17

San Ysidro, CA 92173

18

Telephone: (619) 786-4866

19

Attorneys for Plaintiffs

20

21

22

23

24

25

26

21

PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

EX PARTE APPLICATION FOR A TEMPORARY

RESTRAINING ORDER REQUIRING COVID-19

PREVENTION MEASURES FOR NATIONWIDE

HUSP CLASS

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 259 Filed 04/12/20 Page 28 of 28 Page ID #:5510

1

CERTIFICATE OF SERVICE

2

On April 12, 2020, I electronically submitted the foregoing document with the

3 clerk of the court for the U.S. District Court, Central District of California, using the

4 electronic case filing system. I hereby certify that I have provided copies to all counsel

5 of record electronically or by another manner authorized by Fed. R. Civ. P. 5(b)(2).

6

/s/ Daniel H. Charest

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Daniel H. Charest (admitted pro hac vice)

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dcharest@burnscharest.com TX Bar # 24057803

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BURNS CHAREST LLP

900 Jackson St., Suite 500

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Dallas, Texas 75202

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Telephone: (469) 904-4550

Facsimile: (469) 444-5002 12

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PLAINTIFFS’ REPLY IN SUPPORT OF THEIR

EX PARTE APPLICATION FOR A TEMPORARY

RESTRAINING ORDER REQUIRING COVID-19

PREVENTION MEASURES FOR NATIONWIDE

HUSP CLASS

5:17-cv-02514-JGB

 
 Case 5:17-cv-02514-JGB-SHK Document 260 Filed 04/12/20 Page 1 of 7 Page ID #:5511

Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com TX Bar # 24057803 Warren Burns (admitted pro hac vice) wburns@burnscharest.com TX Bar # 24053119 E. Lawrence Vincent (admitted pro hac vice) lvincent@burnscharest.com TX Bar # 20585590 BURNS CHAREST LLP 900 Jackson St., Suite 500 Dallas, Texas 75202 Telephone: (469) 904-4550 Facsimile: (469) 444-5002

Counsel for Plaintiffs

Additional Counsel on Next Page

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS

FUENTES, ABDIAZIZ KARIM,

Civil Action No. 5:17-cv-02514-JGB-

AND RAMON MANCIA, individually SHKx

and on behalf of all others similarly

situated,

DECLARATION OF DANIEL H.

Plaintiffs,

CHAREST IN SUPPORT OF

PLAINTIFFS’ REPLY IN

v.

FURTHER SUPPORT OF THEIR

EX PARTE APPLICATION FOR

THE GEO GROUP, INC.,

A TEMPORARY RESTRAINING

Defendant.

ORDER REQUIRING COVID-19

PREVENTION MEASURES FOR

NATIONWIDE HUSP CLASS

Hearing set: April 14, 2020 at 10:00 a.m.

1
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ REPLY IN FURTHER SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 260 Filed 04/12/20 Page 2 of 7 Page ID #:5512

Robert Ahdoot (CA Bar # 172098) rahdoot@ahdootwolfson.com Tina Wolfson (CA Bar # 174806) twolfson@ahdootwolfson.com Theodore W Maya (CA Bar # 223242) tmaya@ahdootwolfson.com Alex R. Straus (CA Bar # 321366) astraus@ahdootwolfson.com AHDOOT & WOLFSON, PC 10728 Lindbrook Drive Los Angeles, California 90024-3102 Telephone: (310) 474-9111 Fax: (310) 474-8585
Korey A. Nelson (admitted pro hac vice) knelson@burnscharest.com LA Bar # 30002 Lydia A. Wright (admitted pro hac vice) lwright@burnscharest.com LA Bar # 37926 C. Jacob Gower (admitted pro hac vice) jgower@burnscharest.com LA Bar # 34564 BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Facsimile: (504) 881-1765

R. Andrew Free (admitted pro hac vice) andrew@immigrantcivilrights.com TN Bar # 030513 LAW OFFICE OF R. ANDREW FREE P.O. Box 90568 Nashville, TN 37209 Telephone: (844) 321-3221 Facsimile: (615) 829-8959
Nicole Ramos (admitted pro hac vice) nicole@alotrolado.org NY Bar # 4660445 AL OTRO LADO 511 E. San Ysidro Blvd., # 333 San Ysidro, CA 92173 Telephone: (619) 786-4866

Attorneys for Plaintiffs

2
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ REPLY IN FURTHER SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 260 Filed 04/12/20 Page 3 of 7 Page ID #:5513

“I, Daniel H. Charest, declare that the following is true and correct to the best of

my knowledge:

1. My name is Daniel H. Charest. I am a partner at Burns Charest, LLP,

located at 900 Jackson Street, Suite 500, Dallas, Texas 75202.

2. My office represents Raul Novoa, Jaime Campos Fuentes, Abdiaziz Karim,

Ramon Mancia, individually and on behalf of all others similarly situated.

3. Attached to this Declaration are true and correct copies of the following

documents:

Exhibit A: Declaration of Rebecca Merton on behalf of Freedom for Immigrants (describing calls from Class Members and their family members to FFI’s Hotline from inside GEO’s facilities regarding GEO’s COVID19 Response).

Exhibit B: Declaration of Adam Richards, M.D., Ph.D. (offering expert medical opinion on the sufficiency of the measures at Adelanto as described in the Valdez and Janecka Declarations in light of relevant CDC and other guidance).

Exhibit C: A true and correct copy of the Declaration of Yoselin Reina Moran (Adelanto) (describing conditions of confinement at the Adelanto facility) filed with permission of her immigration counsel, Nicolette Glazer

Exhibit D: A true and correct copy of the Declaration of Class Member Jairo Guardado Aparicio (Adelanto) (describing conditions of confinement at Adelanto in connection to his request for emergency release pending before Judge Hatter in Guardado-Aparicio v. Dep’t of Homeland Security, No. 5:20-cv-00716-TJH-SP (C.D. Cal. Filed April 8, 2020 filed with permission of his immigration counsel, Nicolette Glazer).

Exhibit E: A true and correct copy of the Supplemental Declaration of Homer Venters, M.D., M.P.H. (describing the inadequacy of the steps ICE clams

3
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ REPLY IN FURTHER SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 260 Filed 04/12/20 Page 4 of 7 Page ID #:5514

it has taken to prevent the spread of COVID-19 within its civil detention facilities) previously filed in Freihat v. ICE, No. 5:19-cv-1546-JGB-SHKx (C.D. Cal. Filed Apr. 9, 2020 filed with permission of Dr. Venters).

Exhibit F: Declaration of Meredyth Yoon, Esq., Lead Attorney, Folkston Office – Southeast Immigrant Freedom Initiative, Southern Poverty Law Center (describing current conditions faced by Class Members at GEO’s Folkston facility).

Exhibit G: Declaration of Katrina Huber, Esq., Project Coordinator – Southeast Immigrant Freedom Initiative, Southern Poverty Law Center (describing current conditions faced by Class Members at GEO’s Jena, Pine Prairie, and South Louisiana facilities).

Exhibit H: Declaration of Carlos Franco-Paredes, M.D., M.P.H., (offering expert medical opinion as an Infectious Diseases Clinician and provider of medical services to Class Members detained at GEO’s Aurora facility regarding medical implications of the Declaration of Dawn Ceja).

Exhibit I:

A true and correct copy of the Declaration of Class Member C.J. H.-S. (Adelanto) (describing conditions of his confinement at the Adelanto facility), submitted with permission of his immigration counsel, Karyln Kurichety.

Exhibit J: A true and correct copy of the Declaration of Class Member Karlena Dawson (Tacoma) (describing conditions of her confinement at GEO’s responses to COVID-19 risks at Tacoma), previously filed in Dawson v. Asher, No. 2:20-cv-409-JLR-MAT (W.D. Wash. Filed Apr. 3, 2020) submitted with permission of her counsel, Matt Adams.

Exhibit K: A true and correct copy of the Declaration of Class Member Alfredo Espinona Esparza (Tacoma) (describing conditions of confinement at GEO’s responses to COVID-19 risks at Tacoma), previously filed in Dawson v. Asher, No. 2:20-cv-409-JLR-MAT (W.D. Wash. Filed Apr. 3, 2020) submitted with permission of counsel, Matt Adams.

Exhibit L: A true and correct copy of the Declaration of Class Member Flavio Lopez Gonzalez (Tacoma) (describing conditions of confinement at GEO’s responses to COVID-19 risks at Tacoma), previously filed in Dawson v.

4
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ REPLY IN FURTHER SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 260 Filed 04/12/20 Page 5 of 7 Page ID #:5515

Asher, No. 2:20-cv-409-JLR-MAT (W.D. Wash. Filed Apr. 3, 2020) submitted with permission of counsel, Matt Adams.
Exhibit M: A true and correct copy of the Declaration of Class Member Norma Lopez Nuñez (Tacoma) (describing conditions of confinement at GEO’s responses to COVID-19 risks at Tacoma), previously filed in Dawson v. Asher, No. 2:20-cv-409-JLR-MAT (W.D. Wash. Filed Apr. 3, 2020) submitted with permission of counsel, Matt Adams.
Exhibit N: A true and correct copy of the Declaration of Class Member Leonidas Plutin Hernandez (Tacoma) (describing conditions of confinement at GEO’s responses to COVID-19 risks at Tacoma), previously filed in Dawson v. Asher, No. 2:20-cv-409-JLR-MAT (W.D. Wash. Filed Apr. 3, 2020) submitted with permission of counsel, Matt Adams.
Exhibit O: A true and correct copy of the Declaration of Andrew W. Augustine, Esq. (describing his firsthand observations of conditions of confinement at GEO’s responses to COVID-19 risks at Tacoma), previously filed in Dawson v. Asher, No. 2:20-cv-409-JLR-MAT (W.D. Wash. Filed Apr. 3, 2020) submitted with permission of counsel, Matt Adams.
Exhibit P: Declaration of Class Member A.A.L. (Aurora) (describing firsthand observations of conditions of confinement at GEO’s responses to COVID-19 risks at Aurora), submitted with permission of counsel, Christina Brown, Esq.
Exhibit Q: Declaration of Class Member B.R.M. (Aurora) (describing firsthand observations of conditions of confinement at GEO’s responses to COVID-19 risks at Aurora), submitted with permission of counsel, Christina Brown, Esq.
Exhibit R: Declaration of Class Member D.H.M. (Aurora) (describing firsthand observations of conditions of confinement at GEO’s responses to COVID-19 risks at Aurora), submitted with permission of counsel, Christina Brown, Esq.
Exhibit S: Declaration of Christina Brown, Esq. (describing her clients' conditions of confinement at GEO’s responses to COVID-19 risks at Aurora).

5
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ REPLY IN FURTHER SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 260 Filed 04/12/20 Page 6 of 7 Page ID #:5516

Exhibit T: Declaration of Francis L. ‘Bud’ Conlin, Chairperson, Friends of MiamiDade Detainees (describing calls from Class Members and their family members to FOMDD from inside GEO’s Broward Transitional Center regarding GEO’s COVID19 Response).

Exhibit U: A true and correct copy of the Supplemental Declaration of Lisa Knox, Esq. (describing her observations of conditions of confinement at GEO’s responses to COVID-19 risks at the Mesa Verde facility), previously filed in Bahena-Ortuño v. Jennings, No. 3:20-cv-02064-MMC (N.D. Cal. Filed Mar. 31, 2020) submitted with permission of counsel, Genna Ellis Beier.

Exhibit V: A true and correct copy of the Declaration of Lisa Knox, Esq. (describing her observations of conditions of confinement at GEO’s responses to COVID-19 risks at the Mesa Verde facility), previously filed in BahenaOrtuño v. Jennings, No. 3:20-cv-02064-MMC (N.D. Cal. Mar. 31, 2020) submitted with permission of counsel, Genna Ellis Beier.

Exhibit W: A true and correct copy of the Declaration of Marc Stern, M.D. (offering his expert medical opinion regarding the imminent risk of harm to Class Members at the Mesa Verde facility), previously filed in Bahena-Ortuño v. Jennings, No. 3:20-cv-02064-MMC (N.D. Cal. Filed Mar. 31, 2020) submitted with permission of counsel, Genna Ellis Beier.

Exhibit X: A true and correct copy of the Declaration of Class Member Juan Carlos Minchaca Ramos (Mesa Verde) (describing conditions of confinement and GEO’s responses to COVID-19 risks at the Mesa Verde facility), previously filed in Bahena-Ortuño v. Jennings, No. 3:20-cv-02064-MMC (N.D. Cal.) submitted with permission of counsel, Genna Ellis Beier.

Exhibit Y: A true and correct copy of the Second Declaration of Class Member Claude Bent (Mesa Verde) (describing conditions of confinement and GEO’s responses to COVID-19 risks at the Mesa Verde facility), previously filed in Bahena-Ortuño v. Jennings, No. 3:20-cv-02064-MMC (N.D. Cal. Apr. 3, 2020) submitted with permission of counsel, Genna Ellis Beier.

Exhibit Z: Declaration of Kathrine Russell, Esq., Director of Removal Services at the Refugee and Immigrant Education and Service Center (RAICES) (describing current conditions of confinement for Class Members at GEO’s South Texas (Pearsall) facility.

6
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ REPLY IN FURTHER SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 260 Filed 04/12/20 Page 7 of 7 Page ID #:5517

Exhibit AA: Declaration of Tatiana Obando, Esq., Managing Attorney at the Refugee and Immigrant Education and Service Center (RAICES) in Houston, TX (describing current conditions of confinement for Class Members at GEO’s Corley and Montgomery facilities in Conroe, Texas

I declare under penalty of perjury that the foregoing is true and correct.

/s/ Daniel H. Charest Daniel H. Charest (admitted pro hac vice) dcharest@burnscharest.com TX Bar # 24057803 BURNS CHAREST LLP 900 Jackson St., Suite 500 Dallas, Texas 75202 Telephone: (469) 904-4550 Facsimile: (469) 444-5002

April 12, 2020 DATE

7
DECLARATION OF DANIEL H. CHAREST IN SUPPORT OF PLAINTIFFS’ REPLY IN FURTHER SUPPORT OF THEIR EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

5:17-cv-02514-JGB

Case 5:17-cv-02514-JGB-SHK Document 260-1 Filed 04/12/20 Page 1 of 5 Page ID #:5518
EXHIBIT A

Case 5:17-cv-02514-JGB-SHK Document 260-1 Filed 04/12/20 Page 2 of 5 Page ID #:5519

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,

Case No.: 5:17-cv-02514-JGB-SHK Assigned to Hon. Jesus G. Bernal

Plainti s, v. THE GEO GROUP, INC., Defendant.

DECLARATION OF REBECCA MERTON ON BEHALF OF FREEDOM FOR IMMIGRANTS IN SUPPORT OF PLAINTIFFS’ REPLY TO DEFENDANT’S OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

DECLARATION OF REBECCA MERTON
I, REBECCA MERTON, hereby declare under penalty of perjury pursuant to 28 U.S.C. 1746 that the following statements are true and correct:
1. I am the Director of Visitation and Independent Monitoring for Freedom for Immigrants, a national non-pro t organization that seeks to end the isolation of people in immigration detention. I am over the age of eighteen (18). I am competent to testify in this matter. My statement is based upon my personal knowledge, and my education, training, and experience.
2. Freedom for Immigrants operates the National Immigration Detention Hotline. The National Immigration Detention Hotline is a monitoring tool through which we gather data through free, unmonitored phone calls from people in immigration detention and their loved ones on a daily basis with a team of highly trained and dedicated volunteers.

Case 5:17-cv-02514-JGB-SHK Document 260-1 Filed 04/12/20 Page 3 of 5 Page ID #:5520
3. Freedom for Immigrants also coordinates a network of community-led visitation groups operating in 69 immigrant prisons and jails in 26 states with over 4,500 visitor volunteers. These visitor volunteers, who also receive phone calls and correspondence from people inside detention, also track reports from people detained.
4. From April 1st to April 10th, 2020, Freedom for Immigrants (“FFI”) has received the following reports through the National Immigration Detention Hotline (“NIDH”) and the visitation network from people in immigration detention and their loved ones regarding current conditions in the following facilities. I will note that there is no particular script or questionnaire provided to visitor or hotline volunteers to ask people in detention; they simply report what individuals in detention choose to report to them.
5. Adelanto Detention Facility. From April 1st to April 10th, 2020, FFI has elded approximately 12 NIDH calls regarding the Adelanto facility. Of those calls, 11 have speci cally sought assistance with responding to GEO’s failure to provide adequate basic necessities, or the company’s use of detained immigrants to clean within their dorms, pods, and common areas. Based on these calls, FFI has determined: a) Individuals in detention at Adelanto are having to work as usual, without being provided with personal protective equipment (PPE). b) Only water is currently being provided to workers in order to clean the bathrooms; no soap or alcohol-based products. c) There is no hand sanitizer provided. d) Most sta are not wearing PPE, including one guard who appears to have symptoms of coronavirus. e) There are multiple detained individuals who are displaying symptoms of coronavirus. f) There is a complete inability for people in detention to practice social distancing as dorms house up to 100 individuals, which makes everyone inside very anxious. g) There is limited to no information provided about COVID-19 and how people can protect themselves; what little information is provided, is provided in English. h) ICE is continuing to bring new detained individuals into the detention facility. i) Detained people are undergoing hunger strikes to protest detention conditions.
6. Jena/LaSalle Detention Facility: From April 1st to April 10th, 2020, FFI has elded approximately 2 NIDH calls regarding the Jena/LaSalle Detention facility. Both of those calls have speci cally sought assistance with responding to GEO’s failure to provide adequate basic necessities, or the company’s use of detained immigrants to clean within their dorms, pods, and common areas. Based on these calls, FFI has determined:
a) There is no ability for people to practice social distancing, as dorms house up to 100 people.

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b) Detained individuals are demonstrating symptoms but not receiving testing or treatment.
c) Access to soap and hand sanitizer is very limited or non-existent. d) Sta are continuing to work while demonstrating symptoms of coronavirus without
personal protective equipment. e) ICE is continuing to bring new detained individuals into the detention facility. f) There has been no meaningful access to telephone communications to inform their
families and advocates about detention conditions.
7. Tacoma/Northwest ICE Processing Center: From April 1st to April 10th, 2020, FFI has received approximately 6 NIDH calls regarding the Tacoma/Northwest facility. Of those calls, 4 have speci cally sought assistance with responding to GEO’s failure to provide adequate basic necessities, or the company’s use of detained immigrants to clean within their dorms, pods, and common areas. Based on these calls, FFI has determined:
a) Individuals in detention are having to work as usual, without being provided with personal protective equipment.
b) Most sta are not wearing PPE. c) Access to soap and hand sanitizer is very limited or non-existent. d) Guards are promoting what they call "social distancing" by asking individuals in
detention to sleep di erently on their bunk beds (bottom bed with head towards the wall, upper bed with head towards the door etc.).
8. Aurora/Denver Contract Detention Facility: From April 1st to April 10th, 2020, FFI has received approximately 1 report through our visitation network regarding the Aurora facility. That report is the result of calls to a local visitation group from people in detention who speci cally sought assistance with responding to GEO’s failure to provide adequate basic necessities, or the company’s use of detained immigrants to clean within their dorms, pods, and common areas. Based on this report, FFI has determined:
a) Other than gloves, detained workers do not get any other PPE when cleaning. b) There is no hand sanitizer provided anywhere. c) Detained workers would prefer not to clean the facility without proper PPE but don’t
seem to have a choice. d) People in detention have cold water, but no hot water, in their cells. They use toilet
paper to dry their hands if available.
9. South Louisiana Detention Center: From April 1st to April 10th, 2020, FFI has received approximately 3 reports through our visitation network regarding the South Louisiana Detention Center. These reports to the local visitation group came from people in detention who speci cally sought assistance with responding to GEO’s failure to provide adequate basic

Case 5:17-cv-02514-JGB-SHK Document 260-1 Filed 04/12/20 Page 5 of 5 Page ID #:5522
necessities, or the company’s use of detained immigrants to clean within their dorms, pods, and common areas. Based on this report, FFI has determined:
a) Soap is limited in supply. If detained individuals run out, bars of soap at the commissary cost about $2.
b) Detained individuals do not have access to hand sanitizer and disinfectant wipes. c) Limited to no information regarding COVID-19 is being provided to detained
individuals.
10. Mesa Verde Detention Facility: From April 1st to April 10th, 2020, FFI has received approximately 2 reports through the visitation network regarding the Mesa Verde Detention Facility. Of these reports to the local visitation group, 2 came from people in detention who speci cally sought assistance with responding to GEO’s failure to provide adequate basic necessities, or the company’s use of detained immigrants to clean within their dorms, pods, and common areas. Based on this report, FFI has determined: a) People in detention at Mesa Verde made masks from their own clothing & the guards told them they could not wear them.
I declare under penalty of perjury under the laws of the United States of America pursuant to 28 U.S.C. 1746 that the foregoing is true and correct and that I executed this Declaration on the 10th day of April, 2020, in Oakland, California.
_________________________________ Rebecca Merton, Declarant

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EXHIBIT B

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS

Case No.: 5:17-cv-02514-JGB-SHK

FUENTES, ABDIAZIZ KARIM, and

RAMON MANCIA, individually and on behalf of Assigned to Hon. Jesus G. Bernal

all others similarly situated,

DECLARATION OF ADAM

Plaintiffs,

RICHARDS, M.D. IN SUPPORT OF

PLAINTIFFS’ REPLY TO

v.

DEFENDANT’S OPPOSITION TO

PLAINTIFFS’ EX

THE GEO GROUP, INC.,

PARTE APPLICATION FOR

TEMPORARY RESTRAINING

Defendant.

ORDER

DECLARATION OF ADAM RICHARDS, M.D., M.P.H. I, Dr. Adam Kimball Richards, hereby swear and affirm the following pursuant to 28 U.S.C. § 1746:
A. SUMMARY OF QUALIFICATIONS AND MATERIALS REVIEWED 1. I am a physician licensed in the State of California (License #A106190). I
currently work as Senior Technical Advisor for Community Partners International (CPI), a non-profit organization support health and human development for the people of Myanmar. I also am a volunteer physician with Venice Family Clinic and provide primary care services to homeless individuals in Los Angeles. As part of the COVID-19 response I am working with VFC to screen and manage clinical care for patients, including individuals with suspected or confirmed COVID-19.
2. I also have joined the Los Angeles County Emergency Surge Unit, as a clinical provider in one of the isolation / quarantine units for individuals with COVID-19 tests results

1

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that are pending, negative or positive. I am familiar with protocols representing the standard of care in Los Angeles County for individuals with suspected or confirmed case of COVID19.
3. I am a graduate of Johns Hopkins University School of Medicine; I completed my postgraduate clinical training in the Primary Care Program at Montefiore Medical Center/Albert Einstein School of Medicine in New York; followed by two and a half years of research and policy training as a Fellow in the Robert Wood Johnson Foundation Clinical Scholars Program (RWJF), one and a half years of research training as a at UCLA. In addition to my Medical Degree, I also hold a Masters in Public Health, with an emphasis on epidemiology and international health, which I obtained at Johns Hopkins Bloomberg School of Public Health (2005); a Doctor of Philosophy degree (PhD) in health services research at the UCLA School of Public Health (2013); and a Diploma in Tropical Medicine and Hygiene (DTM&H) awarded jointly by the University of Cayetano Heredia in Lima, Peru and the University of Alabama. From 2013. Until December 31st, 2019 I was appointed as Assistant Professor in the Department of Medicine at University of California, Los Angeles (UCLA) Medical Center.
4. During my MD, masters, PhD and Fellowship studies, and as Faculty in the Department of Medicine at UCLA I participated as both a student and an instructor in multiple courses on the theory and practice of health and human rights. I am a volunteer with Health Rights International (formerly Doctors of the World) and since 2009 I have served as a member of the Board of Directors of Physicians for Human Rights (PHR). I serve as a voluntary medical provider for both organizations. I have received specialized training at
2

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Montefiore Medical Center, at the Human Rights Clinic in the Bronx, and at seminars sponsored by Doctors of the World and Physicians for Human Rights, in the use of medical skills for the documentation and treatment of survivors of torture.
5. I am faculty co-sponsor of the Los Angeles Human Rights Clinic (LAHRI) at UCLA, and I supervise and mentor recently trained faculty, internal medicine residents and medical students to conduct mental health and medical (physical) forensic evaluations of individuals seeking asylum in the United States. I have conducted forensic evaluations of asylum seekers detained at Adelanto, and am personally familiar with the basic layout the facility, and the conditions of detention prior to COVID-19.
6. I have worked for the past nineteen years as a Program Director, and am currently Senior Technical Advisor and a member of the Board of Directors, for Community Partners International (CPI, formerly known as the Global Health Access Program), a nonprofit organization based in the United States training health workers to provide health services and measure the health status of marginalized and internally displaced persons living in remote areas of Burma/Myanmar. As part of my work with CPI I have designed, managed and evaluated programs to control infectious diseases including malaria and tuberculosis; and I am advising CPI as it develops its policies and response to COVID-19. I have co-authored multiple published reports, peer-reviewed articles, and a book chapter on malaria, humanitarian assistance, and health and human rights in Burma/Myanmar.
7. In this Declaration, I interpret the policies at Adelanto related to the prevention and treatment of COVID-19 infection, in light of current scientific evidence and best practices
3

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for clinical and public health interventions designed to prevent, diagnose and treat COVID19 among individuals and populations.
8. I have been provided by counsel for the Plaintiffs with copies of the Declarations of James Janecka, Facility Administrator at the Adelanto ICE Processing Center; and of Gabriel Valdez, Assistant Field Director of ICE. Henceforth these two declarations are referred to, respectively, as “Janecka” and “Valdez.” I also have reviewed the Declarations of C. J. H.-S., Yoselin Reina Moran, and Jairo Guardado Aparicio, all of whom are currently detained or recently released immigrants at Adelanto.
9. This Declaration references several official government documents that provide official guidance related to COVID-19 procedures
• Federal guidance specific to detention facilities such as Adelanto is provided in a document issued by the Centers for Disease Control and Prevention (CDC), entitled “Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities,” hereafter referred to as “CDC Guidance in Detention”. Quoted language appeared the version posed online on March 23, 2020.
• Los Angeles County guidance “HEALTH OFFICER ORDER FOR THE CONTROL OF COVID-19 Public Health Emergency Quarantine Order,” hereafter referred to as “LA County Guidance.” Issued April 1, 2020. B. FINDINGS AND INTERPRETATIONS
10. Although there are no confirmed cases of COVID-19 at Adelanto (to date), current policies and practice at Adelanto are insufficient to prevent the introduction and spread of COVID-19, and create an unacceptable risk to detainees.
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Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 6 of 17 Page ID #:5528
11. Before commenting on the stated policies and practices specific to Adelanto it is important to note that public health experts agree that limiting detention, through reductions in the number of newly detained individuals as well as the safe release of current detainees, is an important step authorities can take to combat the spread of COVID-19.
12. It is highly likely that COVID-19 will be introduced into the Adelanto population. The question is not whether this will happen, but when. Southern California is experiencing “community spread” of COVID-19, and infectious individuals are assumed to live in most if not all communities, including where the staff who work at Adelanto live. Many individuals with COVID-19 are asymptomatic for the duration of their infections, and emerging evidence suggests that people with these sub-clinical infections can pass on COVID19 to other people. It also is well documented that many individuals who eventually become symptomatic are infectious for at least 48 hours prior to developing symptoms, and it is estimated that approximately 10 percent of infections in our communities are transmitted by people who are asymptomatic. In the absence of a robust screening initiative to test any and all individuals entering Adelanto, including those who are asymptomatic, it is highly likely that some people will enter Adelanto who are infected with COVID-19. The limited availability of testing in the U.S. in general, and California and Los Angeles in particular, means that mass screening of asymptomatic people is unlikely to be proposed much less initiated at Adelanto, nor anywhere else in Los Angeles, in the next several weeks or, possibly, months. (Due to the relatively low accuracy of currently available testing methods it is also possible that even an
5

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 7 of 17 Page ID #:5529
aggressive testing strategy would not identify everyone infected with COVID-19, though it is not necessary to articulate the reasons for this in the present Declaration.
13. Once COVID-19 is introduced into Adelanto, it is highly likely that it will infect a large proportion of the detained population. COVID-19 can be transmitted through casual contact with infectious individuals, the surfaces they have touched, or by simply spending time in the same room as someone who is infected. The physical architecture of facilities where most detainees will share their living space with multiple detainees for at least part of their day, inherently creates conditions that promote the spread of infectious diseases such as COVID-19.
14. Several strategies exist that may reduce the rate of transmission, though there is no evidence to suggest that these strategies, either alone or in combination, will be sufficient to prevent sustained transmission and eliminate the disease. It is generally agreed that several tools are likely to reduce transmission of COVID-19 in communities, health care settings, and other group settings. These include: timely identification and isolation of individuals with confirmed or suspected infections; quarantine of individuals who come into close contact with confirmed or suspected cases; and social distancing, which consists of minimizing the number of contacts and duration time spent within six feet of with other people.
15. Below I describe the guidance for each of these strategies, as they relate to classes of individuals defined by their symptoms and possible exposure to COVID-19. //
//
6

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 8 of 17 Page ID #:5530
Suspected cases with symptoms of COVID-19 16. Reliance on a testing strategy that exclusively tests individuals who have
COVID-19 related symptoms creates delays in the identification of the initial (index) case and is inadequate to prevent the introduction and initial spread of COVID-19 to other detainees prior to the detection of an outbreak within the detention facility. As noted above, many COVID-19 infections are asymptomatic, and there is scientific consensus that individuals without symptoms are capable of transmitting COVID-19 to other people. Testing only those with fever, SOB and cough substantially increases the likelihood missing infected individuals.
17. The specific laboratory test used to test samples collected at Adelanto is not described, though is likely to be an rt-PCR test for coronavirus RNA collected from two swabs, of the posterior nasal passage and pharynx. Sensitivity of this testing approach is not precisely known but is reported to be approximately 70% under using ideal sample collection technique and laboratory operating conditions. A sensitivity of 70% means that close to one third (30%) of individuals with COVID-19 and symptoms.
18. Most experts, including myself, believe that under real-world conditions the sensitivity of rt-PCR on samples collected from 2 swabs is even lower than 70% (false positive rate is even higher than 30%), even among relatively sick individuals with multiple symptoms of modest to high severity. Emerging evidence suggests that sensitivity may also be lower in the setting of more mild (less severe) symptoms, such as an individual with a cough who does not have a fever nor shortness of breath. One practical implication of the low sensitivity of the test (and the large number of false positives) is that a negative test result does not rule out infection, and that individuals with suspected infection should be treated similarly, irrespective
7

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 9 of 17 Page ID #:5531
of the test result. That is, the individual with suspected infection (who by definition was symptomatic) should remain in isolation until 7 days after the onset of symptoms, or three days after their symptoms have resolved (whichever is longer); and anyone exposed to the person with suspected infection should be quarantined for 14 days (unless they too are symptomatic, in which case they are treated as a suspected case. Individuals with positive test results
19. According to the Valdez affidavit, Medical isolation/quarantine is dependent on test results. A detainee suspected of having COVID-19 is placed alone in negative pressure room in the medical infirmary. A positive COVID-19 test result could require many days of isolation / quarantine for the detainee depending on their symptoms…. [Valdez Para. 20] . . . If positive, the infected alien will remain in medical isolation for the duration of his/her treatment. [Valdez Para 24] 20. Valdez is correct that a positive test should result in extension of the period of isolation, depending on the progression or resolution of symptoms. However, Valdez is silent regarding the protocols triggered by a negative test result, either for the individual with suspected COVID-19 her/himself, or for the other detainees in her/his housing group (who are eligible to form a ‘cohort’ in the case of a positive test result. In relation to the individual with suspected COVID-19 who might receive a negative test result, the Valdez affidavit states that: As of the date of this declaration, detainees at the APC have only had COVID19 test results come back negative and the turnaround time on those tests have been 2-3 days.” [Valdez Para 20]
. . .
8

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When there is a suspicion that an individual in a housing unit was exposed to COVID-19, their housing unit is placed in modified programming pending the results of the COVLD-19 test on the suspect detainee. [Valdez Para 23] This appears to suggest that quarantine period will end, and the cohort can be
reconstituted, as soon as a negative test result is received.
21. Individuals with suspected COVID-19 due to symptoms of fever, cough or
shortness of breath, must be isolated from others – including members of his/her cohort –
for at least 3 days (72 hours) after resolution of all symptoms, even if a COVID-19 rt-PCR
test is negative.
22. CDC guidance provides two pathways to determine that individuals with
confirmed or suspected COVID—19 infections are not infectious: one option is to confirm
COVID-24 is no longer present, based on two (2) consecutive negative tests; the other
option is to wait at least seven days since the onset of symptoms. Both options require that
the individual have improvement in their symptoms (cough and/or shortness of breath) and
that they be free from fever at least 72 hours:
“For individuals who will be tested to determine if they are still contagious: • The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND • The individual's other symptoms have improved (e.g., cough, shortness of breath) AND • The individual has tested negative in at least two consecutive respiratory specimens collected at least 24 hours apart
“For individuals who will NOT be tested to determine if they are still contagious: • The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND • The individual's other symptoms have improved (e.g., cough, shortness of breath) AND • At least 7 days have passed since the first symptoms appeared
9

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 11 of 17 Page ID #:5533
23. The policy at Adelanto does not meet the (inadequate) standards set forth in the CDC guidance Individuals quarantined due to exposure to a confirmed or suspected case of COVID-19.
24. The frequency of symptom monitoring for individuals exposed to confirmed or suspected cases is insufficient and does not meet CDC guidance.
If the [detainee with COVID-19 symptoms] has been housed, his or her housing unit will be placed on modified programming and monitored daily with temperature/symptom screenings until the results of the COVID-19 test is received. [Valdez Para 19] 25. CDC guidance states that individuals who are quarantined (due to ‘close contact’ with an individual with diagnosed or suspected COVID-19 infection) should be monitored twice a day: “Quarantined individuals should be monitored for COVID-19 symptoms twice per day, including temperature checks.” [CDC Guidance in Detention] 26. Rationale: even relatively young healthy patients without known comorbid conditions can deteriorate rapidly when infected with COVID-19. This is well documented in multiple studies from Asia, and by a growing base of evidence from communities in the U.S. such as New York. Anecdotal experience in Los Angeles is consistent with these studies: the isolation and quarantine unit where I work has witnessed clinically important deterioration over the course of several hours, and overnight, that necessitated admission to the hospital ward or intensive care unit. Individuals under quarantine are presumed to be infected with COVID-19 until they are removed from quarantine (because they met criteria listed above). // //
10

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 12 of 17 Page ID #:5534
“Cohorting” groups exposed to persons with confirmed or suspected COVID-19. 27. The Valdez and Janecka affidavits describe how groups of detainees who come
in close contact with someone with suspected or confirmed COVID-19 are treated similar, as a group, or ‘cohorted’:
If a member of a housing group tests positive for COVID-19, then] “the housing unit that was on modified programming… will become a cohort and will be in that status for fourteen days unless another detainee becomes symptomatic which would then extend the cohort. [Valdez Para 24] 28. Although cohorting is endorsed by the CDC Guidance on Detention, the policy at Adelanto fails to meet the ideal conditions for quarantine, as articulated in the CDC guidance in Detention Facilities. That Guidance explicitly states that confirmed cases and their close contacts should, respectively, be isolated or quarantined individually: Ideally, cases should be isolated individually, and close contacts should be quarantined individually. However, some correctional facilities and detention centers do not have enough individual cells to do so and must consider cohorting as an alternative.
29. The preference for individual isolation/quarantine implicitly acknowledges the persistent risk of transmission when groups continue to share living space over time (as a ‘cohort’). If individuals are cohorted together, all should wear masks. CDC guidance states “If cohorted, quarantined individuals should wear face masks at all times (to prevent transmission from infected to uninfected individuals.”
30. The LA County COVID-19 Officer Orders also state that: All household contacts, intimate partners , caregivers, and close contacts who have been in close contact with a person diagnosed with or likely to have COVID-19… must quarantine themselves.
11

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 13 of 17 Page ID #:5535
31. Despite the modest adjustments made to increase ‘social distance’ between
detainees at Adelanto, it is exceedingly likely that most detainees within a given group (where
a group is defined by the individuals eligible to become a ‘cohort’ if a detainee is determined
to have COVID-19) will spend more than 10 minutes in any 48-hour period within 6 feet of
most other detainees in their resident group. (It is also true that residents of Adelanto do not
wear PPE all day every day -- nor should they).Because testing is conditional on having
symptoms of COVID-19, then if any resident of the group (for example, Resident A) is tested
for COVID-19, then most if not all members of his or her group (Residents B through Z)
will meet the definition of a ‘close contact’, as articulated in the LA County Quarantine order:
A person is considered to be a close contact of a person with or likely to have COVID-19 if they (a) were within six (6) fee of a person who has or is likely to have COVID-19 for more than ten (10) minutes or (b) who had unprotected contact with the body fluids and /or secretions (such as being coughed on/sneezed on, shared utensils or saliva or provided care without wearing protective equipment) of a person who has or is likely to have COVID-19, within 48 hours before that person’s symptoms began and until that person is no longer required to be isolated. 32. The CDC Guidance in Detention Facilities is less specific about the definition
of who is considered “a close contact”:
In the context of COVID-19, an individual (incarcerated/detained person or staff) is considered a close contact if they:
o Have been within approximately 6 feet of a COVID-19 case for a prolonged period of time OR
o Have had direct contact with infectious secretions of a COVID-19 case (e.g., have been coughed on)
o Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case [emphasis added]. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID-19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
12

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 14 of 17 Page ID #:5536
High risk individuals 33. Although COVID-19 can produce severe infection sufficient to kill healthy
individuals at any age, despite timely provision of intensive care including mechanical ventilation; the risk of severe disease and death is much higher for some people than for others. Factors used to identify individuals at high risk of severe disease and death include older age (especially over age 65, though risk appears to increase over a wide range of ages, and some have suggested using alternative cutoff for age, such as 55 or 60), immunosuppressed states due to HIV, cancer chemotherapy autoimmune disease therapy and other conditions, and medical comorbidities including but not limited to diabetes, heart disease, asthma and COPD. I do not have access to the prevalence of these high-risk features among detainees at Adelanto, though approximate estimates produced for similar detained populations, as well as the prevalence of these diseases in the United States and countries of origin of many immigrant detainees, suggest that at least one third are likely to be either elderly or have comorbid conditions that place them at elevated risk of severe disease, hospitalization or death.
34. The Valdez and Janecka affidavits do not articulate a specific policy related to detainees at high risk for severe disease and death, though the latter states:
. . . to my knowledge ICE continues to release detainees who are identified as high risk as it relates to contraction of the COVID-19 virus. [Janecka Para 19] 35. The reason for inclusion of paragraph #19 is unclear, though the statement would seem to suggest that the GEO Group plays little to no role the identification of highrisk detainees; and it suggests that it is unlikely that policies are in place in Adelanto to minimize COVID-19 risk specific to this high-risk group.
13

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 15 of 17 Page ID #:5537
36. The CDC Guidance on Detention articulates several policies related to high risk
individuals:
If the number of confirmed cases exceeds the number of individual medical isolation spaces available in the facility, be especially mindful of cases who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other infected individuals. If cohorting is unavoidable, make all possible accommodations to prevent transmission of other infectious diseases to the higher-risk individual. (For example, allocate more space for a higher-risk individual within a shared medical isolation space.)
• Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
• Note that incarcerated/detained populations have higher prevalence of infectious and chronic diseases and are in poorer health than the general population, even at younger ages.
37. I have not seen evidence that officials at Adelanto are following the CDC
Guidance related to high-risk individuals. Although the CDC suggests being “especially
mindful of cases who are at higher risk of severe illness,” high risk individuals are
conspicuously absent from the Valdez and Janecka affidavits where are described practices
related “cohorting,” and to the amount of space allocated for individuals in shared medical
isolation rooms. The affidavits also are silent about contingency plans for high risk individuals
if and when the number of confirmed cases exceeds the number of individual medical isolation
spaces.
38. The primary rationale to justify the enormous financial and societal cost of
containing the spread of COVID-19 is to protect high risk individuals. Most “low risk” people
will survive our infections; many will not even be aware we are infected.
14

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 16 of 17 Page ID #:5538
39. It is my professional opinion as a clinician and public health practitioner and researcher that individuals at high risk for severe disease should be prioritized for release, and that with rare exception they should not be detained. Until they can be released, or if release is not possible, then it is imperative that every
Cleaning of living quarters by detainees 40. Based on declarations provided to me by the counsel for plaintiffs, it is my understanding that detainees are being forced to clean common areas. I further understand that detainees are not provided with PPE to protect themselves during these cleaning episodes. The process of wiping, scrubbing or otherwise removing virus particles from potentially contaminated surfaces increases aerosolization of viral particles and increases risk of infection. Anyone cleaning these areas should be provided with PPE. 41. CDC Guidance states explicitly that cleaning of shared areas should be performed by staff: Staff [emphasis added] should clean shared equipment several times per day and on a conclusion of use basis (e.g., radios, service weapons, keys, handcuffs). [Please see “Cleaning and Disinfecting Practices” in that document] 42. CDC Guidance further states: “All individuals who have the potential for direct or indirect exposure to COVID-19 cases or infectious materials (including… contaminated environmental surfaces; or contaminated air) should follow infection control practices outlined in the CDC Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings. Monitor these guidelines regularly for updates…. 43. CDC guidance explicitly states that the CDC Recommendations apply to detainees as well as staff in detention facilities:
15

Case 5:17-cv-02514-JGB-SHK Document 260-2 Filed 04/12/20 Page 17 of 17 Page ID #:5539
Note that these recommendations apply to staff as well as to incarcerated/detained individuals who may come in contact with contaminated materials during the course of their work placement in the facility (e.g., cleaning). 44. Based on the declarations of the GEO employee and ICE representative, the policies and procedures at Adelanto fail to comport with the ‘ideal’ suite of conditions outlined in the CDC guidance, and best practices endorsed by the scientific community. 45. GEO’s decision to require detained immigrants to continue cleaning and disinfecting common areas inside their dorms and pods at Adelanto without providing them personal protective equipment, adequate sanitization and disinfectant supplies, and adequate access to soap, hot water, and paper towels places Class Members at Adelanto at an increased risk of contracting, becoming ill, and potentially dying from COVID-19, as well as spreading the virus if they are asymptomatic carriers. 46. By failing to provide these basic needs and requiring Class Members to clean, disinfect, and sanitizer their common living areas without adequate supplies, GEO exposes them to a heightened risk of serious illness or death.
Dated: April 11, 2020
______________________________ Adam Richards, MD PhD MPH
16

Case 5:17-cv-02514-JGB-SHK Document 260-3 Filed 04/12/20 Page 1 of 2 Page ID #:5540
EXHIBIT C

CCaassee55:2:107-c-cvv-0-002659164-T-JJGHB-J-DSHEK DDocoucmumenetn4t -2160F-3iledFi0le4d/0054/2/102/2P0agePa1goef 21 ofP2agePaIDge#I:D92 #:5541

Case 5:17-cv-02514-JGB-SHK Document 260-4 Filed 04/12/20 Page 1 of 2 Page ID #:5542
EXHIBIT D

CCaassee55:2:107-c-cvv-0-002751164-T-JJGHB-S-SPHKDoDcuomcuemnte8n-t326F0i-l4ed F0i4le/0d80/240/12P/2a0geP1aogfe825 ofP2agePaIDge#I:D70 #:5543
My name is Jairo Guardado Aparicio and I am over 18 years old and the following is my declaration is truth and correct to the best of my knowledge
1. My name is Jairo Antonio Guardado Aparicio 2. I am from El Salvador. 3. I am 37 years old and I first entered in 6/2009 and never left. 4. I was inside the car on 6/11/2019 in the parking garage and was about to drive out, there were 8
to 10 people in another cars stopped me. They pulled out the gun and stopped my car. I was pulled out from my car and they arrested me. They did not tell me the reason and there was no arrest warrant as well. 5. They sent me to the Federal Building and then to Adelanto Detention Center since that time. 6. The immigration Judge denied my bond request in 2019 .. 7. I filed a petition for review with the 9th circuit court of appeal after the Board ofthe Immigration Appeals was denied on March, 2020. 8. I have a pain in the neck and there is a lump in my neck. The lump pressures my head and I have headache as a result of that. They sent me twice to the hospital to have X-ray. The most recent time for that X-ray was two weeks ago 9. They only gave me pain medication Tylenol only at this time. 10. I also see a psychologist because I have anxiety problem. 11. I have flu and itchy throat since last Friday. I have dry cough as well since that time. I also have fever. They did not test me for any medication condition but gave me a mask to wear. 12. As the Covid 19 spreads everywhere in the world including California, Adelanto Detention Center did not provide any procedure to help or protect us. I still sleep in the same bedroom with only few feet apart from my next cellmate. Besides, there is no masks, gloves or any sanitizer provides to any of us to protect us. They only provided me one mask despite my medical condition and no medication. I know the mask is only good for one day and there is no new mask to provide me. 13. I feel very helpless and vulnerable under this circumstance and I am so afraid of my live if I continue to stay inside. I know sooner or later I will get that coronavirus because of my medical problem and no protection from the ICE detention. I don't believe Adelanto Detention Center provides any test site to test anyone who has the symptoms. The bedroom and the bathroom are very dirty and not sanitizing. It is scary. I am very afraid I will die there if I do not get out. 14. I need to get out from there since my case is pending and my medical problem and I have no criminal record. 15. I miss my family and I need your help
COMBINED EXHIBIT C p. 001

Case 5:17-cv-02514-JGB-SHK Document 260-5 Filed 04/12/20 Page 1 of 18 Page ID #:5544
EXHIBIT E

Case 5:197-cv-01254164-JGB-SHK Document 121630-25 Filed 04/0192/20 Page 12 of 178 Page ID #:15857495

1 Timothy P. Fox (CA Bar 157750)

tfox@creeclaw.org 2 Elizabeth Jordan*

3

ejordan@creeclaw.org CIVIL RIGHTS EDUCATION AND

4

ENFORCEMENT CENTER 1245 E. Colfax Avenue, Suite 400

5 Denver, CO 80218 Tel: (303) 757-7901

6 Fax: (303) 872-9072

7 Lisa Graybill*

lisa.graybill@splcenter.org

8 Jared Davidson*

9

jared.davidson@splcenter.org SOUTHERN POVERTY LAW

10

CENTER 201 St. Charles Avenue, Suite 2000

11

New Orleans, Louisiana 70170 Tel: (504) 486-8982

12 Fax: (504) 486-8947

Stuart Seaborn (CA Bar 198590) sseaborn@dralegal.org Melissa Riess (CA Bar 295959) mriess@dralegal.org DISABILITY RIGHTS ADVOCATES 2001 Center Street, 4th Floor Berkeley, California 94704 Tel: (510) 665-8644 Fax: (510) 665-8511

13

14

15 Attorneys for Plaintiffs (continued on next page)

16

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

17

EASTERN DIVISION – RIVERSIDE

18 FAOUR ABDALLAH FRAIHAT, et al., Case No.: 19-cv-01546-JGB(SHKx)

19

Plaintiffs,

20

v.

Supplemental Declaration of

Homer Venters in Support of

21 U.S. IMMIGRATION AND CUSTOMS Plaintiffs’ Reply Brief in Support

22 ENFORCEMENT, et al.,

of Emergency Motion for

Preliminary Injunction

23

Defendants.

24

Date: April 13, 2020

Time: 9:00 a.m.

25

Hon. Jesus G. Bernal

26

27

28

Case 5:197-cv-01254164-JGB-SHK Document 121630-25 Filed 04/0192/20 Page 23 of 178 Page ID #:15858406

1

2 William F. Alderman (CA Bar 47381)

3

walderman@orrick.com Jake Routhier (CA Bar 324452)

4

jrouthier@orrick.com ORRICK, HERRINGTON &

5

SUTCLIFFE LLP 405 Howard Street

6 San Francisco, CA 94105 Tel: (415) 773-5700

7 Fax: (415) 773-5759

8 Michael W. Johnson**

9

mjohnson1@willkie.com Dania Bardavid**

10

dbardavid@willkie.com Jessica Blanton**

11

jblanton@willkie.com Joseph Bretschneider**

12

jbretschneider@willkie.com WILLKIE FARR &

13 GALLAGHER LLP

787 Seventh Avenue

14 New York, NY 10019

Tel: (212) 728-8000 15 Fax: (212) 728-8111

16 Maia Fleischman*

17

maia.fleischman@splcenter.org SOUTHERN POVERTY LAW

18

CENTER 2 South Biscayne Boulevard

19 Suite 3750 Miami, FL 33131

20 Tel: (786) 347-2056

Fax: (786) 237-2949 21

22

Christina Brandt-Young* cbrandt-young@dralegal.org

23

DISABILITY RIGHTS ADVOCATES

24

655 Third Avenue, 14th Floor New York, NY 10017

25

Tel: (212) 644-8644 Fax: (212) 644-8636

26

Mark Mermelstein (CA Bar 208005) mmermelstein@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 777 South Figueroa Street Suite 3200 Los Angeles, CA 90017 Tel: (213) 629-2020 Fax: (213) 612-2499 Leigh Coutoumanos** lcoutoumanos@willkie.com WILLKIE FARR & GALLAGHER LLP 1875 K Street NW, Suite 100 Washington, DC 20006 Tel: (202) 303-1000 Fax: (202) 303-2000 Shalini Goel Agarwal (CA Bar 254540) shalini.agarwal@splcenter.org SOUTHERN POVERTY LAW CENTER 106 East College Avenue Suite 1010 Tallahassee, FL 32301 Tel: (850) 521-3024 Fax: (850) 521-3001 Maria del Pilar Gonzalez Morales (CA Bar 308550) pgonzalez@creeclaw.org CIVIL RIGHTS EDUCATION AND ENFORCEMENT CENTER 1825 N. Vermont Avenue, #27916 Los Angeles, CA 90027 Tel: (805) 813-8896 Fax: (303) 872-9072

27 Attorneys for Plaintiffs (continued from previous page) *Admitted Pro Hac Vice
28 **Pro Hac Vice Application Forthcoming

Case 5:197-cv-01254164-JGB-SHK Document 121630-25 Filed 04/0192/20 Page 34 of 178 Page ID #:15858417

1 I, Homer Venters, declare the following under penalty of perjury pursuant to 28

2 U.S.C. § 1746 as follows:

3 Factual Developments Regarding COVID-19 Since My Prior Declaration

4

1. In the past two weeks, COVID-19 has entered into correctional

5 facilities, including numerous ICE detention centers, as predicted. ICE reports that,

6 as of April 7, there have been 19 detained people in 11 facilities, 11 ICE

7 employees in 6 facilities, and 60 ICE employees not assigned to a facility who 8 have all tested positive for COVID-19.1 This is likely just the tip of the iceberg in

9 terms of the number of ICE staff and detainees who are already infected but are

10 unaware due to the lack of testing nationwide, and the fact that people who are

11 infected can be asymptomatic for several days.

12

2. New information about the transmissibility of COVID-19 has also

13 been revealed that is relevant to the health of ICE detainees and staff.

14

a. COVID-19 appears to be transmissible through aerosolized fecal

15

contact. This is relevant because the plume of aerosolized fecal

16

material that occurs when a toilet is flushed is not addressable by

17

closing the lid of ICE detainee toilets, which lack a lid. This mode of

18

transmission would pose a threat to anyone sharing a cell with a

19

person who has COVID-19 and could occur before a person becomes

20

symptomatic. This mode of transmission could also extend beyond

21

cellmates, especially in circumstances where common bathrooms exist

22

or where open communication between cells exists.2

23

b. CDC and state guidelines now recommend the use of protective masks

24

for anyone who is in close contact with others, at less than 6 feet

25

26 1 ICE Guidance on COVID-19, IMMIGRATION & CUSTOMS ENFORCEMENT (Updated 27 Apr. 3, 2020), https://www.ice.gov/coronavirus.
2 https://www.medpagetoday.com/infectiousdisease/covid19/85315 28
1

Case 5:197-cv-01254164-JGB-SHK Document 121630-25 Filed 04/0192/20 Page 45 of 178 Page ID #:15858428

1

distance.3 This recommendation would apply to staff and detainees

2

alike.

3

c. The rate of COVID-19 infection spread in correctional settings is

4

extremely rapid. The data from the NYC jail system reveal that in the

5

space of two weeks, the facility went from zero confirmed infections,

6

to 2, then 38, then 574.4

7

COVID-19 in NYC Jails (all + tests)

8

500

450

9

400

10

350

300

11

250

200

12

150

100

13

50

0
14

15

16

This rapid rate of increase in COVID-19 infections in detention

17

settings has overwhelmed local hospitals and required the deployment

18

of National Guard troops in several states to supplement the lack of

19

staffing and resources.5 This rapid spread has also resulted in up to

20

half of all detained people and housing areas in a given facility being

21

placed into quarantine as each new case emerges and the close

22 3 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-
23 cover.html

24

4 Board of Correction Daily Covid-19 Update, NEW YORK BD. OF CORR. (updated Apr. 3, 2020), https://www1.nyc.gov/assets/boc/downloads/pdf/News/covid-

25

19/Public_Reports/Board%20of%20Correction%20Daily%20Public%20Report_4 _3_2020_TO%20PUBLISH.pdf.

26 5 https://www.cantonrep.com/news/20200406/coronavirus-dewine-sendingnational-guard-to-elkton-federal-prison-east-of-canton-after-3-deaths And
27 https://abc7chicago.com/health/illinois-prisoners-sick-with-covid-19-overwhelmjoliet-hospital/6064085/
28

2

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1

contacts for each case enter into quarantine for 14 days. For facilities

2

operating at over 75 percent of capacity, this process will be

3

essentially impossible as newly identified cases require initiating

4

quarantine areas for a prescribed 14-day period and housing areas are

5

not available for these date-based cohorts. The consequence will be

6

either a) mixing of different quarantine cohorts, which will not only

7

extend the effective quarantine period past 14 days but also increase

8

the spread of potentially infected people from different areas of the

9

facility, or b) failure to establish quarantine cohorts all together,

10

meaning that close contacts of cases will remain mixed with other

11

detainees, also increasing the spread of COVID-19 throughout the

12

facility.

13 ICE Guidelines Contradict or Omit Several Important CDC Guidelines

14

3. I have reviewed ICE’s March 6 and March 27, 2020 documents

15 addressing COVID-19, as well as declarations by ICE Captain Moon and IHSC

16 Physician Rivera and the webpage that ICE has established concerning COVID-19.

17 I have also reviewed the April 4, 2020 guidance from ICE Enforcement and

18 Removal Operations. Collectively, these policies continue to be deficient and at

19 odds with recommendations of the CDC regarding detention settings in a manner

20 that threatens the health and survival of ICE detainees.

21

a. ICE protocols and guidance fail to address the key recommendation of

22

the CDC on the need for adequate intake screening of detainees. CDC

23

guidance makes clear that everyone arriving in a detention facility

24

should be screened for signs and symptom of COVID-19, but ICE

25

protocols rely on questions about travel or other known contacts as a

26

precursor to temperature checks and other sign and symptom checks.

27

ICE protocols and guidance also fail to clearly mandate that all

28 3

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1

symptomatic patients be immediately given a mask and placed in

2

medical isolation, and that all staff who have further contact with that

3

patient wear personal protective equipment, as set forth in the CDC

4

guidelines. The ICE protocol also fails to address the now-standard

5

CDC advice that everyone who cannot engage in social distancing

6

wear a face covering.6

7

b. ICE protocols and guidance fail to address the key recommendation of

8

the CDC on the need for monitoring and care of symptomatic patients.

9

i. The CDC guidelines make clear that patients who exhibit

10

symptoms of COVID-19 should be immediately placed in

11

medical isolation. ICE guidelines and protocols only invoke this

12

response for newly arrived detainees who also answered yes on

13

screening questions. This approach results in a failure to

14

actively screen the large majority of detainees: people who are

15

already detained.

16

ii. CDC guidelines clearly indicate the need for twice-daily

17

monitoring of patients who are symptomatic or in quarantine,

18

and ICE only mandates a daily check.

19

iii. ICE makes no mention of access to masks for patients in

20

quarantine settings.

21

iv. ICE fails to present a plan for how isolation will be conducted

22

when the number of people exceeds the number of existing

23

isolation rooms or cells. This is almost certain to occur in the

24

coming weeks at multiple facilities.

25

26

27 6 https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-facecoverings.html
28 4

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1

c. ICE protocols and guidance fail to address the key recommendation of

2

the CDC on the need for social distancing. ICE's March 27 memo

3

mentions social distancing briefly, but fails to address how ICE

4

facilities will enact modified meal or recreation times and also fails to

5

address the most common scenarios in which high risk detainees find

6

themselves in close quarters, including shared cells, medication lines,

7

bathroom facilities, common walkways and day rooms, sally ports and

8

transportation. This critical issue is also ignored in the declarations of

9

Captain Moon. Again, because there is no cure for COVID-19, social

10

distancing remains the most effective means of prevention, and ICE

11

has failed to meaningfully implement this precaution into its guidance.

12

d. ICE protocols and guidance fail to address the key recommendation of

13

the CDC on the need to limit transportation of detainees as a means to

14

limit the spread of COVID-19. CDC guidelines state that transfers

15

should be limited to those that are absolutely necessary and that

16

receiving facilities must have capacity to isolate symptomatic patients

17

upon arrival. ICE protocols and guidance fails to address these issues.

18

CDC guidelines make clear the need for a clear plan for all aspects of

19

transport of suspected COVID-19 infected people, and ICE does not

20

have or report such a plan. This critical issue is also ignored in the

21

declarations of Captain Moon.

22

e. ICE protocols and guidance fail to address the key recommendation of

23

the CDC on the need for environmental cleaning of both housing

24

areas and other common spaces within facilities. CDC guidelines

25

provide clear details about the types of cleaning agents and cleaning

26

processes that should be employed, while ICE provide no guidance to

27

facilities on this critical issue. The declarations of Captain Moon that

28 5

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1

state generally that ICE is providing adequate environmental cleaning

2

stand in stark contrast to the declarations of detainees to the contrary,

3

cited in my previous report. The reliance on detainees for conducting

4

critical environmental cleaning, without proper training, protection or

5

supervision, represents a gross deviation from correctional practices,

6

and will likely contribute to the spread of COVID-19 throughout the

7

ICE detention system.

8

f. ICE protocols and guidance fail to address the key recommendation of

9

the CDC on the need for adequate staffing and training of staff. ICE’s

10

March 27 memo simply states that “facilities are expected to be

11

appropriately staffed,” but provides no guidance whatsoever on how

12

that can be accomplished in the context of existing staffing gaps, a

13

decreased workforce, and increased needs resulting from steps

14

required to screen, monitor and treat detainees for COVID-19. CDC

15

guidelines make clear the need for a concrete plan for ensuring

16

adequate staffing as part of the COVID-19 response. These guidelines

17

also make clear the need to orient staff to the critical need to stay

18

home if and when they experience symptoms of COVID-19 infection.

19

In sum, aside from its March 27 “expectation” of appropriate staffing

20

levels, ICE has not implemented any meaningful oversight system to

21

ensure that staffing levels are appropriate. Critically, appropriate

22

staffing levels refers not only to a sufficient number of staff but also

23

to a sufficient number of qualified staff. In my experience, many

24

facilities rely heavily on guards and LPNs to do medical work that

25

they are not qualified to do; likewise, many facilities rely on RNs to

26

do medical work that only doctors or physician-assistants are qualified

27

to do. There is no indication whatsoever that ICE is implementing

28 6

CCaassee55:1:179--ccvv--0021551446--JJGGBB--SSHHKK DDooccuummeenntt216103--52 FFilieledd0044/1/029/2/200 PPaaggee190ooff1178 PPaaggeeIDID #:15858573

1

procedures to ensure not only sufficient numbers of staff but also

2

sufficient numbers of qualified staff. The declaration of Dr. Rivera

3

confirms that ICE is relying on an emergency staffing plan from 2014,

4

updated in 2017, but the current shortages in staffing for health staff

5

in particular, stretch across all communities, and staffing shortages

6

represent a real emergency in many settings already. This is

7

particularly concerning given that many ICE facilities are located in

8

rural areas far from qualified medical professionals. This is a very

9

serious defect that must be immediately remediated because access to

10

qualified medical professionals is crucial during this rapidly evolving

11

pandemic.

12

g. Several CDC guidelines address people with factors that put them at

13

an increased risk of significant injury or death, but the ICE protocols

14

do not even identify what precautions should be taken to protect

15

people with those risk factors in ICE custody. In addition, the Apr. 4

16

list of risk factors for serious illness and death from COVID-19

17

infection developed by ICE is inconsistent with CDC guidelines and

18

fails to adequately advise facilities on which detainees are at elevated

19

risk. This list is included in a memo to Field Office Directors

20

regarding Docket Review, and fails to include very basic risk factors

21

identified by the CDC, including body mass index over 40 and being a

22

current or former smoker.7 By apparently assigning this process to

23

field directors and their staff, who are not medical professionals,

24

advising security staff to check with medical professionals after the

25

fact, and failing to include CDC-identified risk factors, this docket

26

27 7 https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/groups-athigher-risk.html And https://www.cdc.gov/mmwr/volumes/69/wr/mm6913e2.htm.
28 7

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1

review process will likely leave many people with true risk factors in

2

detention. This is particularly the case if they’re detained under

3

certain immigration law provisions, where the guidance recommends

4

officers not release them despite risks. Thus, the guidance appears to

5

be just that – guidance, and the risk factors are not determinative. In

6

fact, the guidance appears to not make these risk factors determinative

7

for release—even for people who are not subject to mandatory

8

detention. ICE also identifies people under that age of 60 in this

9

cohort but the age of 55 is appropriate. Because detained people have

10

consistently been identified as having higher levels of health problems

11

that reflect 10-15 years more progressed than chronological age,

12

numerous organizations and research studies have used the age of 55

13

to define the lower limit of older detainees.8 ICE also limits the high

14

risk period for women to 2 weeks after child birth, yet one of the most

15

serious increased risk during pregnancy is hypercoagulable state,

16

which increases the risk of blood clots in the large veins of the lower

17

extremities, and sometimes in the lung which can prove fatal. This

18

risk extends to 6 weeks post-partum and also occurs independently

19

with COVID-19 infection.9 Accordingly, ICE should include these

20

definitions in its list of risk factors. ICE should also put in place a

21

mechanism to ensure that risk factors reflect the evolving science and

22

data concerning COVID-19, since it is likely that additional risk

23

factors will emerge as more data is collected. The declaration of Dr.

24

25 8 https://nicic.gov/aging-prison and 26 https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3464842/
9 https://www.acog.org/patient-resources/faqs/womens-health/preventing-deep27 vein-thrombosis And
https://www.medpagetoday.com/infectiousdisease/covid19/85865. 28
8

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1

Rivera not only fails to identify what risk factors are being considered

2

by ICE medical staff, but also fails to mention any plan to determine

3

which currently detained people have these risk factors, and what

4

special protections, if any, will be created for this high-risk cohort.

5 ICE’s Inadequate Response to COVID-19 in Areas Where There is no Direct

6 CDC Guidance

7

4. Numerous and significant failures of the ICE response to COVID-19

8 also exist in areas in which the CDC does not provide direct guidance, but that

9 detention facilities must implement. These failures threaten the health and survival

10 of ICE detainees.

11

a. Neither the ICE COVID-19 protocols nor the declarations set forth

12

any policies or protocols addressing release of medically vulnerable

13

detained people in light of the significant risks to those people posed

14

by COVID-19. This must be done immediately and is in contrast to

15

the efforts made in many prison and jail systems across the country.

16

The Apr. 4 promulgation of an incomplete list of risk factors in a

17

memo relating to discretion for release occurs in a complete vacuum

18

of guidance on special protection and clinical management of people

19

with those risk factors while in detention. This Memo describes an

20

overly discretionary decisionmaking process for release that does not

21

sufficiently favor depopulation as public health requires and that has

22

no urgency to it. Reviews and releases must be undertaken

23

immediately.

24

b. ICE does not have any mechanisms to monitor or promote the health

25

of all people in its charge. This failure is documented in many reports

26

about ICE’s inadequate healthcare system, but now poses a grave risk

27

to their survival as ICE struggles to mount a competent response to

28 9

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1

COVID-19 across more than 150 facilities, on behalf of roughly

2

40,000 detainees and almost as many direct and contract staff. The

3

declaration of Dr. Rivera reflects that no incident command system is

4

in place to manage this response, and reporting and communication

5

among direct and contract health and security leadership of the ICE

6

detention system occurs in a fragmented, one-way, or as-needed basis.

7

i. ICE’s March 27 memo takes the dangerous approach of

8

limiting clinical guidelines for COVID-19 response to the

9

detainees being provided direct care by ICE health services

10

corps (IHSC) staff, which represents approximately 13,000

11

detainees.10 As a result, detention centers operated by public

12

and private contractors are not provided with this guidance.

13

This approach to management of the COVID-19 outbreak

14

ensures that vital information will remain in these facilities,

15

instead of being acted upon by ICE. As a result, ICE will not

16

know when its own policies or even basic standard of infection

17

control are being followed. ICE's failure to properly monitor

18

and oversee medical care at its detention centers has been a

19

chronic concern in the health services provided to ICE

20

detainees prior to this outbreak and has been cited as a core

21

failure of ICE in its obligations to establish quality assurance

22

throughout its detention network.11 There is no indication that

23

ICE can adequately monitor the response across its system to

24

COVID-19. Absent robust and centralized oversight, ICE will

25 26 10 https://www.ice.gov/ice-health-service-corps and
11 https://www.oig.dhs.gov/sites/default/files/assets/2019-02/OIG-19-18-Jan19.pdf 27 And https://www.oig.dhs.gov/sites/default/files/assets/2019-06/OIG-19-47-
Jun19.pdf 28
10

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1

not be able to provide a coordinated response informed by on-

2

the-ground data from detention centers. This is in stark contrast

3

to many prison systems across the country that are coordinating

4

their efforts, including with health departments.

5

ii. ICE has no plan or even capacity to provide daily clinical

6

guidance to all of the clinical staff it relies on to care for ICE

7

detainees, whether at ICE-operated facilities or contract

8

facilities. This is a core failure because of the new nature of

9

COVID-19 and constantly changing clinical guidance on how

10

to treat patients. Daily briefings with health administrators and

11

medical and nursing leadership should be held, which are both a

12

core aspect of outbreak management and provide a critical

13

avenue for receiving feedback on real-time conditions inside

14

facilities. ICE has not articulated any plan to ensure that this

15

type of basic communication is in place across its network of

16

detention settings. This guidance should also include uniform

17

recommendations on when and how to transport patients to the

18

hospital. Failure to implement this kind of procedure—

19

particularly in light of the other defects described herein—poses

20

a significant risk to the health and lives ICE detainees.

21

iii. ICE has failed to establish the type of COVID-19 surveillance

22

that is required to manage their COVID-19 response. Because

23

ICE is responsible for approximately 40,000 lives inside over

24

150 facilities, with a wide variety of contract and administration

25

types, ICE leadership, namely the IHSC, must establish a

26

competent surveillance system for COVID-19 that includes, at a

27

minimum, a dashboard reflecting critical and real-time

28 11

Case 5:197-cv-01254164-JGB-SHK Document 121630-25 Filed 04/0192/20 Page 145 of 178 Page ID #:15859528

1

information for clinical cases and facility resources. A

2

dashboard is a collection of real time data used to manage

3

healthcare and other operations, and COVID-19 dashboards are

4

now used by every state and the federal government to manage

5

their day to day resource and clinical responses to this

6

pandemic.12 My experience during H1N1 when my team and I

7

needed to create an outbreak dashboard for 13 jails holding

8

15,000 patients was that we were able to design and implement

9

this approach in a 3-4 week timeline, but that we established

10

data streams from hotspots and most impacted facilities within

11

a week. This approach for ICE would include, but not be

12

limited to the following variables and would be utilized by

13

IHSC leadership to track each individual facility and then roll

14

up to State, regional and national dashboards;

15

Clinical Surveillance (number of detainees)

16

Number of Number

Number positive

symptomati awaiting/receive tests (w and w/o

Number of Number of patients Number of patients detainees in awaiting/in/returne awaiting/in/returne

17

c (w and w/o CDC

d tests (w and w/o CDC risk

CDC risk factors) quarantine d from hospital for d from hospital for (w and w/o COVID-19 (w and COVID-19(w and

18 risk factors) factors)

CDC risk factors)

w/o CDC risk factors)

w/o CDC risk factors)

19

quarantine*
13

20

Resource allocation

21

Deficit in security

FTE
22

Deficit in nursing/midlevel/MD FTE

PPE deficits by

Cleaning,

masks/gowns/glove soap, hand

s etc.

sanitizer

Sinks and other plumbing not operational

Restrictions in
local hospital beds14

23 12 Example of FL State COVID-19 dashboard
24 https://experience.arcgis.com/experience/96dd742462124fa0b38ddedb9b25e429.

25

13 An additional data mandate for every facility is to create a histograms that shows the number of people in quarantine for each of the 14 days, so that the facility,

26 State, regional and national data can show the trends in quarantine and new cases.

14 Many correctional facilities are already experiencing restrictions from local

27 hospitals. Some local hospitals have informed detention centers that they will only

accept COVID-19 patients, while others have restricted all access.

28

12

Case 5:197-cv-01254164-JGB-SHK Document 121630-25 Filed 04/0192/20 Page 156 of 178 Page ID #:15859539

1

supply

deficits

2 This centralized surveillance is absolutely necessary in COVID-

3 response. On the clinical side, some local hospitals have already

4 closed their doors to incarcerated patients and the lack of access

5 of ICE patients to hospital-level care (such as intensive care

6 beds and respiratory rehabilitation) should be a core concern for

7 ICE--not one that can be resolved by local facilities alone. On

8 the resource side, the staffing requirements are extremely acute

9 in detention settings and the deployment of the Ohio National

10 Guard in a prison in Ohio should trigger immediate high-level

11 review of staffing, PPE and other resources issues across the

12 ICE network. ICE’s surveillance system must also account for

13 the availability of hospital beds and intensive care unit beds (as

14

well as other hospital-level equipment, such as ventilators, that

15 are lacking in facilities but crucial for COVID-19 treatment).

16 Currently ICE appears not to provide this kind of crucial

17 surveillance and coordination. In addition, many patients will

18 require nursing home placement in subacute care settings, a

19 resource traditionally inaccessible to most ICE detainees

20 because of their lack of insurance status. Absent tracking of this

21 kind of crucial data, ICE will not be able to ensure that

22 individuals in its custody have access to life-saving medical

23 care. One critical measure in assessing staffing is to measure

24 the staffing deficit (unmet need) to perform the work of the

25 facility, not use the baseline staffing matrix. If a facility has

26 1,000 detainees and regularly employs 150 security staff, 5

27

28 13

Case 5:197-cv-01254164-JGB-SHK Document 121630-25 Filed 04/0192/20 Page 167 of 178 Page ID #:15859640

1

physicians and 25 nurses across three shifts, by example, the

2

arrival of COVID-19 in the facility will require significantly

3

more work to be done, with additional security and nursing staff

4

working in quarantine units and medical clinics particularly,

5

and additional security staff needed to enable social distancing,

6

which is a labor intensive process.

7

iv. The Apr. 4 ICE memo to Field Directors on identification and

8

release of detained people with risk factors for serious illness

9

and death from COVID-19 infection is both incomplete and

10

revelatory. ICE has omitted multiple important risk factors

11

identified by the CDC in its own list, but has also failed to

12

create any surveillance of the outbreak across facilities that

13

includes the number of patients experiencing symptoms,

14

confirmed COVID-19 infection or hospitalization by presence

15

or absence of CDC risk factors.

16

5. As ICE determines to release people from detention, they should be

17 afforded symptom screening akin to what is done with staff, but the release of

18 detainees to the community will lower their own risks of infection and will also

19 serve to flatten the overall epidemic curve by decreasing the rate of new infections

20 and the demands on local hospital systems. From a medical and epidemiologic

21 standpoint, people are safer from COVID-19 infection when not detained, and the

22 epidemic curve of COVID-19 on the general community is flattened by having

23 fewer people detained.

24

6. I declare under penalty of perjury that the statements above are true

25 and correct to the best of my knowledge.

26

27 Signature:

28 14

Case 5:197-cv-01254164-JGB-SHK Document 121630-25 Filed 04/0192/20 Page 178 of 178 Page ID #:15859651
1 2 Homer Venters MD, MS 3 Date: 4/9/2020 4 Location: Port Washington, NY 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
15

Case 5:17-cv-02514-JGB-SHK Document 260-6 Filed 04/12/20 Page 1 of 6 Page ID #:5562
EXHIBIT F

Case 5:17-cv-02514-JGB-SHK Document 260-6 Filed 04/12/20 Page 2 of 6 Page ID #:5563

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
THE GEO GROUP, INC.,
Defendant.

Case No.: 5:17-cv-02514-JGB-SHK
Assigned to Hon. Jesus G. Bernal
DECLARATION OF MEREDYTH YOON ON BEHALF OF THE SOUTHEAST IMMIGRANT FREEDOM INITIATIVE OF THE SOUTHERN POVERTY LAW CENTER IN SUPPORT OF PLAINTIFFS’ REPLY TO DEFENDANT’S OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

DECLARATION OF MEREDYTH L. YOON I, Meredyth L. Yoon, Esq., hereby declare under the penalty of perjury pursuant to 28 U.S.C. § 1746:
1. I make this declaration based on my personal knowledge except where I have indicated otherwise. If called as a witness, I could and would testify competently and truthfully to these matters.
2. The Southeast Immigrant Freedom Initiative (“SIFI”) represents people confined inside several immigrant detention centers operated by GEO Group: the Folkston ICE Processing Center (“Folkston”) in Folkston, Georgia; the LaSalle Detention Center (“LaSalle”) in Jena, Louisiana; Pine Prairie ICE Processing Center (“Pine Prairie”) in Pine Prairie, Louisiana; and, to a lesser extent, the South Louisiana ICE Processing Center (“South Louisiana”) in Basile, Louisiana.

Case 5:17-cv-02514-JGB-SHK Document 260-6 Filed 04/12/20 Page 3 of 6 Page ID #:5564
3. I serve as a Lead Attorney for the SIFI’s Folkston Office. Since the outbreak of the novel coronavirus, SIFI staff and I have visited and spoken by phone or video conference with individuals in Folkston.
4. The paragraphs below reflect what SIFI staff and I have personally witnessed and learned in recent weeks in conversation with people inside Folkston.
5. As early as March 17, 2020, media outlets reported that Charlton County, where Folkston is located, had a confirmed case of coronavirus in the region.1 Yesterday, on April 9, 2020, Reuters reported that GEO Group confirmed Folkston had a COVID-19 positive employee.2
6. To date, the GEO Group has prevented people inside Folkston from practicing social distancing—the only known means of preventing transmission—by continuing to confine individuals in groups of dozens or larger. It has failed to provide personal protective equipment to the people it is paid to care for. It has not given people inside these detention centers adequate information about protection against contracting COVID-19.
7. The group setting at Folkston deprives detained people of the ability to practice social distancing safety measures. On March 25, I personally observed about 50-60 men sitting within inches of each other while waiting for their court hearings. Based on my experience representing individuals at Folkston and visiting clients there on a regular basis for more than two years, this was nothing out of the ordinary.
8. I have spoken with individuals detained at Folkston about whether they were able to maintain six feet of distance from other residents and whether they had resources to exercise
1 Gordon Jackson, Folkston coronavirus case confirmed, Brunswick News, Mar. 17, 2020, available at https://thebrunswicknews.com/news/local_news/folkston-coronavirus-caseconfirmed/article_79dd9c5d-f2dc-554b-8993-1ae66bcd127f.html (last visited Apr. 10, 2020). 2 Mica Rosenberg (@micarosenberg) Twitter (Apr. 9, 2020, 10:46 PM), https://twitter.com/micarosenberg/status/1248442140537077760.

Case 5:17-cv-02514-JGB-SHK Document 260-6 Filed 04/12/20 Page 4 of 6 Page ID #:5565
hygienic and other precautions in their living quarters. One individual told me he was housed in a cell with seven other people, which adjoined to a common area where up to 60 people congregate at once on a regular basis. Another told me his bunk was in a dorm with approximately 32 people sleeping in the same room and sharing three sinks. Both individuals told me that detainees are still responsible for cleaning the facility during the pandemic and that maintaining a six-foot distance from others throughout the day and night is not possible.
9. Several individuals detained in Folkston have reported to SIFI staff that they do not have hand soap or sanitizer in their housing units, and that all they have is body shampoo to use in the shower. I personally observed on two days in March that detained individuals did not have masks or gloves. Individuals have reported that staff at Folkston do not wear masks and that many do not wear gloves. In March, I personally observed that none of the detention center employees were wearing masks, although I noticed that some had a mask near them.
10. Individuals detained at Folkston have reported to SIFI staff that the facility has posted signs about COVID-19 in shared spaces, but that they remain confused about steps the facility is taking to keep them safe.
11. Individuals detained at Folkston have reported that measures to contain the spread of illness are insufficient. For example, on April 8, an individual reported to SIFI staff that two people in their unit who had a high fever were given painkillers and returned to the unit. Another individual reported to SIFI staff that within the past two weeks, a detainee who was exhibiting symptoms and sought medical treatment was not taken seriously until he vomited and collapsed in the bathroom.
12. Individuals detained at Folkston have reported to SIFI staff that Folkston staff has advised detainees to be careful and try to stay away from each other, but that living in close

Case 5:17-cv-02514-JGB-SHK Document 260-6 Filed 04/12/20 Page 5 of 6 Page ID #:5566
quarters makes it impossible for them to do so. Individuals detained at Folkston have advised SIFI staff that many of the people detained there have flu-like symptoms, but continue to be housed in close quarters with other detained people.
13. The facility’s failure to implement adequate safety measures in response to the COVID19 pandemic is reflective of its history of deficient medical care. Throughout the time I have represented individuals in Folkston, I have heard complaints about the quality of medical care. Within the last two years, residents have reported waiting up to eight days to see a doctor after requesting a medical appointment, receiving substandard care, and having their medical concerns dismissed or ridiculed by medical staff as “dramatic.” Residents with serious medical conditions have gotten sicker because meals provided by the detention center do not comply with their medical dietary needs. I have heard reports of detention center staff creating records that residents refused their medication when, in fact, the medication was not distributed. I have heard about stacks of unfulfilled medical requests being found in the trash.
14. I am aware of at least two incidents in the last two years where a resident who was exhibiting obvious signs of severe medical distress was ignored by detention center staff until other residents essentially staged a protest, as well as other medical emergencies that were not adequately addressed. In 2018, an individual who was experiencing excruciating abdominal pain was not immediately taken to an emergency room despite multiple urgent requests from the resident and his attorney. Detention center employees assured the resident and his attorney that he was fine. The man’s appendix later ruptured.
15. Since January of 2018, there have been multiple outbreaks of communicable disease within Folkston, including chickenpox and other potentially serious illnesses. One individual detained at Folkston shared with me that he tested positive for tuberculosis (“TB”) after he was

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assigned to a cell with a roommate exhibiting visible symptoms of an active TB infection. The roommate was subsequently confirmed to have TB. As of the date of this declaration, SIFI staff knows of at least one individual at Folkston who is currently receiving treatment for TB infection.
16. Today, April 10, 2020, I am conducting in-person visitation at Folkston in spite of the confirmed case of a GEO Group employee so that I can fulfill my ethical obligations. Although SIFI has sought to minimize in-person visits by relying on the mail, phone calls, and video teleconference calls, these methods have proven insufficient to timely gathering paper documents and signatures from people inside Folkston. Having waited an undue number of days for return mail to arrive from Folkston, I may no longer delay the fulfillment of my ethical responsibilities, so I must visit the facility in person.
17. Based on our experience representing GEO’s actions in requiring Class Members to perform mandatory cleaning duties without adequate PPE and cleaning supplies puts people imprisoned at Folkston at an elevated risk of contracting the infection. An order requiring GEO to cease forcing Class Members to uphold GEO’s contractual responsibility -- keeping the facility clean and sanitary -- would immediately reduce this risk. I fear that in the absence of immediate action from GEO, Class members at Folkston will get sick and die from this deadly pandemic illness. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true and correct.
Executed this 10th day of April, 2020, in Baxley, Georgia.

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EXHIBIT G

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
THE GEO GROUP, INC.,
Defendant.

Case No.: 5:17-cv-02514-JGB-SHK
Assigned to Hon. Jesus G. Bernal
DECLARATION OF KATRINA HUBER ON BEHALF OF THE SOUTHEAST IMMIGRANT FREEDOM INITIATIVE OF THE SOUTHERN POVERTY LAW CENTER IN SUPPORT OF PLAINTIFFS’ REPLY TO DEFENDANT’S OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

DECLARATION OF KATRINA HUBER
I, Katrina Huber, hereby declare under the penalty of perjury pursuant to 28 U.S.C. § 1746: 1. I make this declaration based on my personal knowledge except where I have indicated
otherwise. If called as a witness, I could and would testify competently and truthfully to these matters.
2. I serve as a Project Coordinator for the Southeast Immigrant Freedom Initiative of the Southern Poverty Law Center (“SIFI”). SIFI represents people confined inside several immigrant detention centers operated by GEO Group: the Folkston ICE Processing Center (“Folkston”) in Folkston, Georgia; the LaSalle Detention Center (“LaSalle”) in Jena, Louisiana; Pine Prairie ICE Processing Center (“Pine Prairie”) in Pine Prairie, Louisiana, and, to a lesser extent, South Louisiana ICE Processing Center (“South Louisiana”) in Basile, Louisiana.

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3. Since the outbreak of the novel coronavirus, I have visited individuals in Pine Prairie and spoken by phone or video conference with individuals in South Louisiana and LaSalle. My colleagues within SIFI have also spoken with individuals inside Pine Prairie and LaSalle. The paragraphs below reflect what my colleagues and I have personally witnessed and learned in recent weeks in conversation with people inside Pine Prairie, LaSalle, and South Louisiana.
4. GEO Group has prevented people inside these detention centers from practicing social distancing—the only known means of preventing transmission—by continuing to confine individuals in groups of dozens or larger, with few opportunities for fresh air. In some instances, it has accepted transfer of individuals with COVID-19 into facilities it operates under contract with U.S. Immigration and Customs Enforcement.
5. GEO has failed to provide sufficient personal protective equipment and basic hygiene supplies like soap to the people it is paid to care for. It has not given people inside these detention centers adequate information about how to protect themselves from contracting COVID-19. And in some cases, it has used force, in concert with ICE, to suppress the cries for help from detained people seeking facts and protection from contracting the virus.
Grossly Deficient Group Setting Deprives Detained People of Social Distancing Measures 6. Individuals in GEO Group detention centers in Louisiana are confined in crowded
dormitories and are unable to practice the social distancing measures widely recommended by the CDC. Given the lack of a known cure for COVID-19, social distancing is considered the most effective means of preventing transmission.1 Individuals in Pine Prairie report sleeping in dormitories with 60 to 70 other individuals, in bunk beds spaced two to three feet apart. They share sinks, toilets, and showers, and eat together in crowded cafeterias. The sharing of bathrooms is
1 Decl. of Homer Venters at 7, ECF No. 113-2, Fraihat v. ICE, Case 5:19-cv-01546 (C.D. Cal. Filed Apr. 9, 2020).

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significant to the spread of COVID-19, as new information on the transmissibility of COVID-19 suggests that it may be spread through aerosolized fecal content (which is dispersed when a toilet is flushed).2 Individuals in South Louisiana report similar conditions. In LaSalle, a client reports as of April 6, 2020: “there are about eighty of us living in close quarters. We share three toilets, four sinks, and six showers all in one open space. People are terrified in my dorm because some people are sick with flu-like symptoms, including some officers. People are sneezing and coughing near each other. The beds are spaced less than two feet apart. It is impossible to practice social distancing.” Across GEO Group detention centers, detained individuals report that detention center staff have made no efforts to space them out or implement other social distancing measures.
7. In Pine Prairie, both Charlie-Alpha and Charlie-Charlie dorms have been placed under quarantines following suspected exposure to COVID-19. People in quarantined dorms report that one or more individuals allegedly exhibiting symptoms of COVID-19 were removed from the dorm, and the rest of the dorm was placed on a lock-down. While the isolation of potentially exposed individuals may have afforded some protection to the rest of the detention center, staff made no effort to prevent individuals in the quarantined dorms from potentially infecting one another. People under quarantine were not allowed to space themselves out, and were confined together in an enclosed space for almost 24 hours a day. During a visit to the facility on March 20, 2020, I personally witnessed both quarantined and non-quarantined individuals held together in close proximity while waiting to be brought into legal visits.
The GEO Group Failed to Prevent Transfer of COVID-19 Infected Person into Facility 8. On April 3, ICE reported that an individual who had tested positive for COVID-19 was
transferred from the Oakdale Federal Correctional Institution into Pine Prairie. The Oakdale Federal Correctional Institution has been the site of a lethal and fast-moving outbreak of COVID-
2 Id. at 3.

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19, with at least five confirmed deaths as of April 9, 2020.3 GEO Group’s willingness to accept a person who was known to be infected with COVID-19 shows a stark disregard for the human lives in the corporation’s custody. This is especially striking in light of the heavy toll the virus has extracted over the Oakdale facility, where the threat that COVID-19 poses to individuals in incarcerated settings is clearly demonstrated.
9. In addition to the COVID-19 positive transfer, GEO Group has continued to allow the transfer of large groups of individuals into the facility on an ongoing basis throughout the COVID19 crisis. Detained people working in Pine Prairie’s intake have reported processing groups of new arrivals ranging in size from 15 to over 70 individuals. Some of these new arrivals are believed to have been transferred from other detention centers around the state, and others are being moved from criminal custody. People detained in Pine Prairie have expressed frustration and fear at the continued movement of new arrivals into the detention center, and at the fact that these new arrivals are housed alongside the general detained population. They are especially fearful of individuals who were recently arrested off the street and brought into ICE custody, given the high rates of COVID-19 infection in Louisiana and across the United States.
10. As of April 10, 2020, our client T.D. at LaSalle reports that yesterday individuals were brought in from a county correctional facility who were visibly sick. The unabated flow of new arrivals into GEO Group facilities places individuals already detained in the facilities at a markedly higher risk of being exposed to infection. It also contradicts the CDC’s recommendation that transfers of detained persons should be limited to “those that are absolutely necessary.”4
3 Caroline Habetz, “Fifth inmate at Oakdale federal prison dies from COVID-19,” KPLC (Apr. 3, 2020), available at: https://www.kplctv.com/2020/04/03/fifth-inmate-oakdale-federal-prisondies-covid-/. 4 Decl. of Homer Venters at 7.

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The GEO Group Provides Insufficient Personal Protective Equipment and Hygiene Supplies, Including Soap
11. Detained individuals at Pine Prairie and LaSalle report a lack of appropriate Personal Protective Equipment (PPE). People detained in non-quarantined dorms are not provided any form of PPE. People held under quarantine are provided masks upon leaving their dorms, but are given no form of PPE while inside the dorm.
12. Detained people who work cleaning these dorms are also required by GEO Group to continue cleaning, without access to protective masks or gloves.
13. The lack of available PPE within quarantined dorms demonstrates GEO Group’s disregard for the safety of those within these dorms, as staff make no effort to prevent the spread of COVID19 among a group of individuals that are already at a heightened risk of exposure.
14. People detained in Pine Prairie have also reported that staff enter and leave the facility and the dorms, including the quarantined dorm, without wearing masks, gloves, or other forms of PPE. This is a cause of extreme concern among people in detention, as they understand that levels of COVID-19 infection are extremely high in Louisiana and that detention center staff are at a high risk of carrying the virus.
15. One individual detained in the Charlie-Alpha dorm in Pine Prairie described a situation in which a guard was removed from the dorm halfway through her shift after exhibiting symptoms including sneezing and coughing. Despite the fact that she was both symptomatic of COVID-19, and was working in a dorm that had been quarantined for suspected COVID-19 exposure, she had been wearing neither a mask nor any other PPE.
16. As their concerns over being exposed to COVID-19 by GEO Group staff increased, individuals in the Charlie-Alpha dorm made a written sign asking everyone who entered the dorm to wear a mask, and hung it on their door. The warden of the facility came to the dorm and removed

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the sign. During a visit to the facility on March 20, 2020, I personally witnessed GEO Group staff without PPE in close proximity to both quarantined and non-quarantined individuals.
17. At LaSalle, a client reported on April 6, 2020, “I have complained that the officers coming from the street to the facility are not wearing protective equipment and will sooner or later bring in the virus. The officers are not wearing masks because they said the facility does not allow that. The only measure some have taken is to put on gloves to serve the food, and even then, not all of them wear gloves.” This client further reported that as of April 10, 2020, an officer told her two LaSalle staff have tested positive and twelve have tested positive from the Alexandria Staging Facility.
18. Individuals detained in other centers, including South Louisiana, report similar inconsistent use of PPE by GEO Group staff. GEO Group’s refusal to require its staff to wear PPE when interacting with detained individuals, who are already extraordinarily vulnerable to contracting and spreading COVID-19, demonstrates a shocking lack of concern for the safety of individuals ostensibly under its care. It also is a clear contradiction of CDC guidance, which now recommends the use of protective masks for anyone within six feet distance of others.5
19. Individuals detained in Pine Prairie and South Louisiana additionally have reported a lack of access to even the most basic personal hygiene supplies, including soap, toilet paper, and sanitary napkins.
20. At both facilities, GEO Group did not provide detained people with soap and toilet paper for days on end, with staff telling detained people that they had run out, or there wasn’t any left, when they inquired about additional supplies.
21. In South Louisiana, entire dorms of 50 to 60 women were expected to share three rolls of toilet paper for up to a week.
5 Decl. of Homer Venters at 3-4.

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22. In LaSalle, common areas and the shared tablets are not disinfected, and dorms frequently run out of hand soap and therefore do not have the ability to wash their hands.
23. As of April 9, 2020, individuals in the Charlie-Charlie dorm of Pine Prairie reported that they were not being provided with soap, and that they were only able to access soap if they could afford to purchase it from the commissary. Individuals in the Charlie-Alpha dorm were told that there were no more cleaning supplies when they asked for gloves and chemicals to sanitize their dorm. GEO Group’s inability to provide adequate personal hygiene supplies seriously hinders the capacity of detained people to protect themselves from COVID-19.
The GEO Group’s Failure to Inform Detained People About the Virus and Take Measures to Contain its Spread 24. GEO Group staff have kept detained individuals in the dark for weeks about the spread of COVID-19, the risks that people in detention face, and measures being taken to mitigate these risks. 25. In Pine Prairie, the Charlie-Alpha dorm was held under quarantine for weeks without clear or consistent messaging from staff regarding why the dorm was quarantined or how long the quarantine might last. The inhabitants of Charlie Alpha understood from staff that they were under quarantine for suspected COVID-19 exposure, but this was never communicated to them in an official way by the facility’s administrators or health staff. “We don’t know what they are doing,” one detained individual in Charlie-Alpha told me over the phone during this time. “It feels like they are playing games with us.” 26. Individuals in Pine Prairie and LaSalle have also consistently reported from the beginning of the pandemic that GEO Group has not provided them with any form of public health education about the virus, its spread, or how to keep themselves safe. 27. After GEO Group allowed the transfer of a COVID-19 positive individual into Pine Prairie, detained individuals already inside the center were not informed of this development. The

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day following the transfer, I spoke with individuals on the phone who told me that they could tell “something was going on” because the intake area was closed and they could see GEO Group guards wearing hazmat suits, but that they had not been given any information.
28. Absent official guidance from GEO Group guards or administrators, detained people are forced to piece together an understanding of the virus’s spread through rumor, observation, guesswork, and piecemeal information filtered into the detention center from the outside world. This has contributed to widespread feelings of confusion, frustration, and mounting panic, as detained individuals suspect (in many cases rightfully) that GEO Group is withholding information crucial to their safety and survival.
The GEO Group Uses Retributive Use of Force Against Detained People Seeking Safety from and Facts About Virus
29. Across GEO Group detention centers where SiFi works, growing fears about the spread of COVID-19, coupled with a lack of transparency from staff about the risks posed by the virus, have contributed to an environment that is increasingly volatile and unsafe for detained individuals.
30. In Pine Prairie, on March 18, 2020, families and community advocates widely reported that a group of detained people were refusing to re-enter the detention center from the yard, because they believed that there were COVID-19 positive individuals inside the detention center. Although the incident did not turn violent, it was reported that GEO Group guards were standing by with pepper spray and other weapons. On March 24, 2020, another protest broke out in the Echo block of dorms, with participants desperate to be freed from the detention center in the face of the mounting global pandemic. On this occasion, GEO Group guards responded violently, shooting at protestors with rubber bullets and pepper spray.
31. One medically vulnerable client (“T.D.”) was raising concerns about COVID-19. In response, on March 22, 2020, Captain Naggy at LaSalle told her that they were moving her into

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a solitary cell. She asked Captain Naggy to talk to the mental health specialists at the facility because she mentally cannot survive in isolation and has panic attacks whenever she is left alone in a confined space, and has been seeing mental health staff about the condition every week. She then heard Naggy tell two officers and a sergeant to “drag [her] boney skin ass to the cell.” He then told other guards, “make sure you drag the bitch to the cell.” When the guards surrounded her, she told them that if they forced me into solitary, she would take her own life. After she discussed the situation with medical staff, Naggy told her that if she refused to go to solitary, she would have to sign a statement saying that if she died from coronavirus, the facility would not be responsible. Because she was surrounded by guards who she knew were instructed to drag her, she signed.
32. She further reported, on April 6, 2020, that recently ICE provided coronavirus information to her dorm. When they presented to her, they were rude and aggressive. They would not allow them to ask questions. When they asked about the insufficient amount of toilet paper and soap, they grew angry and shouted at them. About two weeks ago, ICE officers went to Falcon Charlie to provide information about coronavirus. The women in that dorm were chanting for their release and saying they do not want to be left to die in this facility. That is when they pepper sprayed them. Because Falcon Charlie was next door to her, the pepper spray entered her dorm and she and others began coughing. A girl in her dorm fainted due to an uncontrollable asthma attack. She had an asthma attack. We banged on the door to get help to release her from the dorm to fresh air. Officers entered and immediately began coughing and had difficulty breathing. Shortly after, she saw them taking some of the women from Falcon Charlie in shackles to solitary confinement for chanting.
33. GEO Group staff at both LaSalle and Pine Prairie have responded to detained individuals’ frustration and terror with disproportionately authoritarian and violent responses.

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I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on April 10, 2020 in New Orleans, Louisiana.
Katrina L. Huber
K_a_tr_in_a_L._H_ub_e_r (_Ap_r_10_, 2_0_20_)____________________ Katrina Huber

Case 5:17-cv-02514-JGB-SHK Document 260-7 Filed 04/12/20 Page 12 of 12 Page ID #:5579

Novoa Declaration_LA - FOR Katrina Signature

Final Audit Report

2020-04-10

Created: By: Status: Transaction ID:

2020-04-10 Andrew Free (Andrew@ImmigrantCivilRights.com) Signed CBJCHBCAABAAw34fb0kdbk5tkEt-WNaCq2q-2Pth_7EK

"Novoa Declaration_LA - FOR Katrina Signature" History
Document created by Andrew Free (Andrew@ImmigrantCivilRights.com)
2020-04-10 - 7:26:23 PM GMT- IP address: 75.46.158.114
Document emailed to Katrina L. Huber (katrina.huber@splcenter.org) for signature
2020-04-10 - 7:26:51 PM GMT
Email viewed by Katrina L. Huber (katrina.huber@splcenter.org)
2020-04-10 - 7:27:37 PM GMT- IP address: 107.77.197.153
Document e-signed by Katrina L. Huber (katrina.huber@splcenter.org)
Signature Date: 2020-04-10 - 7:45:06 PM GMT - Time Source: server- IP address: 23.114.234.1
Signed document emailed to laura.rivera@splcenter.org, melissa.crow@splcenter.org, Katrina L. Huber (katrina.huber@splcenter.org), and Andrew Free (Andrew@ImmigrantCivilRights.com)
2020-04-10 - 7:45:06 PM GMT

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EXHIBIT H

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS

Case No.: 5:17-cv-02514-JGB-SHK

FUENTES, ABDIAZIZ KARIM, and

RAMON MANCIA, individually and on

behalf of all others similarly situated, Assigned to Hon. Jesus G. Bernal

Plaintiffs, v. THE GEO GROUP, INC., Defendant

DECLARATION OF CARLOS FRANCO-PAREDES, M.D., M.P.H., IN SUPPORT OF PLAINTIFFS’ REPLY TO DEFENDANT’S OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

DECLARATION OF CARLOS FRANCO-PARADES, M.D., M.P.H.

I, Carlos Franco-Paredes, M.D., M.P.H., declare under penalty of perjury under the laws

of the United States pursuant to 28 U.S.C. § 1746 as follows:

I.

Overview of Background and Specializations.

1. My name is Dr. Carlos Franco-Paredes and I am an Associate Professor of Medicine at the

University of Colorado in the Department of Medicine, Division of Infectious Diseases. I

completed my internal medicine residency and infectious diseases fellowship at Emory

University School of Medicine. I am also the Infectious Diseases Fellowship Program

Director and supervise the training of medical students, internal medicine residents, and

infectious diseases fellows at the University of Colorado, Anschutz Medical Center.

1

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2. In addition, I hold a public health degree in global health from the Rollins School of Public Health at Emory University with a concentration on the dynamics of global infectious disease epidemics and pandemics. I also have twenty years of relevant clinical experience. From 2006 to 2009, I participated in developing international guidelines for pandemic influenza preparedness and response as well as a global health action plan with the World Health Organization.
3. As an infectious diseases clinician, I have experience providing care to individuals in a civil detention centers in the United States (US) and have performed medical second opinion evaluations for patients in the custody of the Department of Homeland Security, Immigration and Customs Enforcement (ICE). I have also provided direct care for many patients in ICE custody or incarcerated settings living with HIV-infection at my current academic institution.
4. Over the last three weeks, I have witnessed firsthand the impact of COVID-19 at my institution providing direct care to 45 patients with this infection, with many requiring intensive care management and necessitating mechanical ventilator support.
5. I present my Curriculum Vitae attached as Exhibit A. I have written and published extensively on the topics of infectious diseases pandemics and epidemics, particularly in influenza. I have 198 scientific publications in peer-reviewed scientific journals. I teach a class at the school of medicine on caring for underserved populations including immigrants and incarcerated populations and in best practices in global health.
II. Overview of Documents Reviewed in Preparation of this Declaration. 6. In preparation for this declaration, I reviewed the following scientific references, relevant
medical documents and public health websites: o The Declaration of Dawn Ceja, filed by attorneys for The GEO Group in this action on April 8, 2020.
2

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o Johns Hopkins University. Coronavirus Resource Center Available at: https://coronavirus.jhu.edu/map.html. Accessed: April 09, 2020.
o CDC-Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) Available at: https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidance-managementpatients.html). Accessed: April 09, 2020.
o CDC COVID 19 Response Team. Severe outcomes among patients with coronavirus disease 2019 (COVID-19) – United States, February 12-March 16, 2020. Available at: https://www.cdc.gov/mmwr/volumes/69/wr/mm6912e2.htm. Accessed: March 21, 2020.
o Rodriguez-Morales AJ, Cardona-Ospina JA, Gutiérrez-Ocampo E, VillamizarPeña R, Holguin-Rivera Y, Escalera-Antezana JP, Alvarado-Arnez LE, BonillaAldana DK, Franco-Paredes C, Henao-Martinez AF, Paniz-Mondolfi A, LagosGrisales GJ, Ramírez-Vallejo E, Suárez JA, Zambrano LI, Villamil-Gómez WE, Balbin-Ramon GJ, Rabaan AA, Harapan H, Dhama K, Nishiura H, Kataoka H, Ahmad T, Sah R; Latin American Network of Coronavirus Disease 2019COVID-19 Research (LANCOVID-19). Electronic address: https://www.lancovid.org. Clinical, laboratory and imaging features of COVID19: A systematic review and meta-analysis. Travel Med Infect Dis. 2020 Mar 13:101623. doi: 10.1016/j.tmaid.2020.101623. [Epub ahead of print].
o Foppian Palacios C, Opensahw JJ, Travassos MA. Influenza in US detention centers- the desperate need for immunization. N Engl J Med 2020; 382(9): 789792.
o Novel Coronavirus Pneumonia Emergency Response Epidemiology Team. [The Epidemiological Characteristics of an Outbreak of 2019 Novel Coronavirus Diseases (COVID-19) in China]. Zhonghua Liu Xing Bing Xue Za Zhi. 2020;41(2):145–151. DOI:10.3760/cma.j.issn.0254-6450.2020.02.003.
o Mart M, Ware LB. The long-lasting effects of the acute respiratory distress syndrome. Expert Rev Respir Dis 2020; https://doi.org/10.1080/17476348.2020.1743182.
o Wu C, Chen X, Cai Y, Xia J, Zhou X, Xu S, Huang H, Zhang L, Zhou X, Du C, Zhang Y, Song J, Wang S, Chao Y, Yang Z, Xu J, Zhou X, Chen D, Xiong W, Xu L, Zhou F, Jiang J, Bai C, Zheng J, Song Y. JAMA Intern Med. 2020 Mar 13. doi: 10.1001/jamainternmed.2020.0994. [Epub ahead of print].
o Koh GC, Hoenig H. How should the rehabilitation community prepare for 2019nCOV? Arch Phys Med Rehabil 2020 Mar 16. Pii: S0003-9993(20)30153-2. Doi: 10.1016/j.apmr.2020.03.003. (Epub ahead of print].
o Chen C, Zhou Y, Wen WD. SARS-CoV-2: a potential novel etiology of fulminant myocarditis. Herz 2020; March 5. https://doiorg/10.1007/s00059-020-04909-z.
o Hu H, Ma F, Wei X, Fang Y. Coronavirus fulminant myocarditis saved with glucocorticoid and human immunoglobulin. Eur Heat J 2020; Mar 16. [Epub ahead of print].
3

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o Li R, Pei S, Chen B, Song , Zhang T, Shaman J. Substantial undocumented infection facilitates the rapid dissemination of novel coronavirus (SARS-CoV2). Science 10.1126/scienceabb3221 (2020).
o Tian S, Hu W, Niu L, Liu H, Su H, Xiao SY. Pulmonary pathology of early phase 2019 novel coronavirus (COVID-19) pneumonia in patients with lung cancer. J Thorac Oncol 2020; https://doi.org/10.1016;j.tho.2020.02.010.
o Lauer SA, Grantz KH, Bi Q, Jones FK, Zheng Q, Meredith HR, Azman AS, Reich NG, Lessler J.The incubation period of coronavirus disease 2019 (COVID-19) from publicly reported confirmed cases: estimation and application. Ann Intern Med 2020; March 10, doi: https://doi/org/107326/M20-0504.
o Korean Society of Infectious Diseases; Korean Society of Pediatric Infectious Diseases; Korean Society of Epidemiology; Korean Society for Antimicrobial Therapy; Korean Society for Healthcare-associated Infection Control and Prevention; Korea Centers for Disease Control and Prevention. Report on the Epidemiological Features of Coronavirus Disease 2019 (COVID-19) Outbreak in the Republic of Korea from January 19 to March 2, 2020. J Korean Med Sci. 2020 Mar 16; 35(10):e112. doi: 10.3346/jkms.2020.35.e112.
o Sanche S, Lin YT, Xu C, Romero-Severson E, Hengartner N, Ke R. High contagiousness and rapid spread of severe acute respiratory syndrome coronavirus 2. Emerg Infect Dis. 2020 Jul [date cited]. https://doi.org/10.3201/eid2607.200282

III.

Formal Analysis.

A. Global and US-Specific Epidemiology and Impact of the SARS-CoV-2

(COVID-19) Pandemic.

7. The Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) is a newly emerging

zoonotic agent initially identified in December 2019 that as of the date of this writing, has

spread to 184 countries, causing 1,484,100 confirmed cases and 88,538 deaths. This viral

pathogen causes the Coronavirus Disease 2019 (COVID-19). Infection with COVID-19 is

associated with significant morbidity and mortality, especially in patients above 55 years of

age and those with chronic medical conditions.

8. As of April 10, 2020, there have been 432,132 confirmed cases of COVID-19 with 14,817

reported deaths in the U.S. There has been reports of confirmed cases in all US states and

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most states have already reported deaths. The epicenters in the US territory began in the Pacific Northwestern states and then to California and the Northeast, particularly New York City and New Jersey. Currently, the epidemic is rapidly spreading among US Southern States including Georgia, Florida, Louisiana, and others. Many ICE detention centers are located in the U.S. South and the rapid spread of this viral infection among these states is a concern that we need to monitor closely from an epidemiological perspective. 9. Recent reports by the CDC show that 31% of COVID-19 cases, 45% of hospitalizations, and 80% of deaths occurred among adults over 65 years of age. Case-fatality in persons aged over 85 ranged from 10-27%, followed by 3-11% among persons aged 65 to 84, 1% among persons aged 55 to 64, and less than 1% among persons aged 20 to 54.
B. Risk of Immigration Detention Centers Fueling the COVID-19 Pandemic. 10. Immigration detention centers in the US are tinderboxes for the transmission of highly
transmissible infectious pathogens including the SARS-CoV-2, which causes the Coronavirus Disease (COVID-19). Given the large population density of immigration detention centers, and the ease of transmission of this viral pathogen, the attack rate inside these centers may reach exponential proportions consuming significant medical care and financial resources. 11. I reviewed COVID-19 guidance by ICE and CDC recommendations for carceral settings. ICE’s proposed plans and interventions to halt the spread of COVID-19 are well delineated and useful. The CDC recommendations provide some guidance that is general and may take into account the realities of some of these detention centers. 12. Both sets of guidance address social distancing in these centers, which appears to be difficult, if not impossible, in settings where many individuals are living in close quarters with a large
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number of beds per room or dorm. These recommendations and guidance are insufficient to contain the spread of this infection behind walls of immigration detention centers. Throughout the history of humanity and outbreaks, pandemics and epidemics, population density in a closed space is the most import determinant of spread. Immigration detention centers are the antithesis of social distancing. 13. I have experience providing care to individuals in civil detention centers and I have performed medical forensic examinations and medical second opinion evaluations for patients in the custody of the Department of Homeland Security. Based on my conversations with patients, my own observations, and information that exists regarding the resources available within immigration detention facilities as detailed by the ICE Health Services Corps, it is my professional opinion that the medical care available in immigration detention centers cannot properly accommodate the needs of patients should there be an outbreak of COVID-19 in these facilities. Immigration detention centers are often poorly equipped to diagnose and manage infectious disease outbreaks. 14. In summary, I am concerned about the treatment of immigrants inside detention centers, which could make the current COVID-19 epidemic worse in the US.
C. Potential Impact of the COVID-19 behind Walls of Immigration Detention Centers in the US.
15. There is a growing number of confirmed cases in the US, increasing numbers of hospitalizations and admissions to intensive care units, and many deaths. In this wave of the pandemic or in subsequent ones, it is likely the number of infected individuals will continue to augment. In the closed settings of immigration detention centers, where there is overcrowding and confinement of a large number of persons, networks of transmission become highly conducive to spread rapidly.
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16. There is evidence of substantial undocumented infection facilitating the rapid dissemination of novel coronavirus SARS-CoV-2 which is responsible for 79% of documented cases of COVID-19 in China. Once an individual is exposed to this virus from either a symptomatic individual (21% of cases) or from asymptomatic individuals (79% of cases), the shortest incubation period is 3 days with a median incubation period of 5.1 (95% CI 4.5 to 5.8 days). Overall, 97.5% of persons who develop symptoms do so within 11.5 days of the initial exposure. Most persons with COVID-19 who develop severe disease do so immediately after admission or within 3-5 days from their initial presentation and represent 53% of those requiring intensive care unit admissions and advanced supportive care. At my current institution, the two confirmed deaths occurred within 48 hours of admission to the hospital.
17. Given the high population density of immigration detention centers, and the ease of transmission of this viral pathogen, the infection rate will be exponential if even a single person, with or without symptoms, that is shedding the virus enters a facility. D. Potential Impact of a COVID-19 Outbreak in a Detention Center May be Overwhelming Local Healthcare Systems
18. Detention of any kind requires large groups of people to be held together in a confined space and creates the worst type of setting for curbing the spread of a highly contagious infection such as COVID-19.
19. The number of private rooms in a typical detention facility is insufficient to comply with the recommended airborne/droplet isolation guidelines. Another important consideration that complicates disinfection and decontamination practices is the ability of this novel coronavirus to survive for extended periods of time on materials that are highly prevalent in secure settings, such as metals and other non-porous surfaces. Current outbreak protocols require frequent disinfection and decontamination of all surfaces of the facility, which is
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exceedingly difficult given the large number of incarcerated individuals, frequent interactions between incarcerated individuals and staff, and regularity with which staff move in and out of each facility. 20. Responding to an outbreak requires significant improvements in staffing, upgrading medical equipment, substantial supplies including antibiotics, intravenous infusions, cardiac and respiratory monitors, devices for oxygen supply, and personal protection supplies among persons at high risk of severe COVID-19 disease. Additionally, this outbreak calls for highly trained staff to correctly institute, enforce isolation, quarantine procedures, and have training on the appropriate utilization of personal protective equipment. It is essential that nursing and medical staff be trained in infection control prevention practices, implementing triage protocols, and the medical management of suspected, probable and confirmed cases of coronavirus infection. 21. These same personnel would have to initiate the management of those with severe disease. Since these are closed facilities, the number of exposed, infected, and ill individuals may rapidly overwhelm staff and resources. This is particularly important in rural and semirural settings where many immigration detention centers are located, particularly in Southern States and where they may have contact with a limited number of surrounding medical centers. As a result, many patients would need transfer to hospitals near these facilities, likely overwhelming the surrounding healthcare systems, which are already functioning at full capacity caring for the general non-incarcerated community. 22. A large outbreak of COVID-19 in an immigration detention facility would put a tremendous strain on the medical system to the detriment of patients in the communities surrounding
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these centers. It is reasonable to anticipate that there will be the loss of additional lives that could have otherwise been saved. IV. Expert Opinion.
23. Immigration detention centers are tinderboxes of transmission of respiratory viruses including the SARS-CoV-2. Pandemics thrive in large crowds. Detention centers and correctional facilities are the anti-thesis of social distancing.
24. Current approaches to establish cohorts of exposed individuals at the Aurora Immigration Processing Center are insufficient in reducing the transmission of COVID-19 transmission dynamics given the different degrees of exposure. Similar efforts have proven insufficient during isolation and quarantine interventions conducted at the Princess Diamond Cruise experience in Yokohama, Japan; and more recently in the Cook County Jail in the State of Illinois.
25. The newest report from the CDC demonstrates that one infected person transmits the infection to more than FIVE other people – (Basic reproduction number R0= 5.6). The basic reproduction number (R0) consists of three factors: susceptibility of the population, transmissibility, and frequency of exposure. The SARS-CoV-2 infection, which causes COVID-19, is a highly transmissible infectious pathogen since: a) there is no, or minimal underlying population and individual immunity, b) it is highly transmissible (low infective dose), and the frequency of exposure (the more contacts/exposures, the higher the risk of contagiousness).
26. Transmission of COVID-19 in a closed space favors its rapid spread if there is no complete social distancing to reduce the R0 to <1. This was exactly what happened during the Diamond Princess Cruise experience in Japan where despite efforts to reduce transmission, among 9

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more than 3000 passengers, more than 600 were COVID-19 positive, and 11 died. In Cook County Jail, there are more than 300 confirmed cases identified despite efforts to cohort exposed individuals and one reported death. 27. There is no mention of screening and testing practices of exposed individuals within the facility to guide isolation and quarantine practices within the Aurora facility. There is also no distinction between or an effort to distinguish isolation versus quarantine practices. Screening and testing those exposed is crucial to lessen transmission and to guide isolation and quarantine practices. I suspect that based on current demands in the healthcare system, that there is no resources or capacity in most States including the State of Colorado to use current resources for screening purposes of detained immigrates who exposed to a COVID19 case. Without testing availability, most interventions behind immigration detention centers are likely to fail to reduce the impact of a COVID-19 outbreak. 28. To contain the spread of the disease, infection prevention protocols must be meticulously followed including disinfection and decontamination practices. There is no mention in Officer Ceja’s declaration of decontamination procedures only disinfection. 29. Based Officer Ceja’s declaration, it is my opinion that GEO’s current protocols, even if followed to the letter, do not substantially reduce the risk of transmission and contraction of COVID-19 to detained immigrants who are required to perform the compulsory cleaning and sanitation of commons areas such as showers, bathrooms, dayrooms, phone banks, and other areas in their dorm or pod. 30. It is my opinion that detained immigrants at the Aurora facility would be significantly less likely to contract COVID-19 if they were not being forced to risk exposure by performing mandatory cleaning duties without access to PPE such as masks, gloves, and without reliable
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testing inside the facility. 31. In conclusion, social distancing is a crucial public health intervention to ameliorate the
impact of a pandemic caused by a viral respiratory pathogen including influenza viruses and SARS-CoV-2. Incomplete adherence or partial implementation of social distancing is insufficient to reduce transmission. Forcing some detained immigrants at Aurora to break their social distancing by cleaning their entire common areas amounts to a willful decision by Officer Ceja and her employer to risk preventable exposure, infection, illness, and death of detained immigrants to COVID-19. In sum, the procedures Officer Ceja lays out fall woefully short of a responsible, evidence-based public health approach to combatting the spread of this deadly pandemic.
Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct.
Executed on this eleventh day of April 2020 at Aurora, Colorado, United States.
______________________________ Carlos Franco Paredes, M.D., M.P.H. Associate Professor of Medicine Division of Infectious Diseases Department of Medicine Division of infectious Diseases Program Director Infectious Disease Fellowship Training Program, University of Colorado
Exhibit A. Curriculum Vitae – Carlos Franco-Paredes MD, MPH 11

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PERSONAL INFORMATION Carlos Franco-Paredes, M.D., M.P.H. Carlos.franco-paredes@cuanschutz.edu carlos.franco.paredes@gmail.com US Citizen

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

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

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

CERTIFICATIONS 1999-Present Diplomat in Internal Medicine American Board of Internal Medicine (Recertification 11/2010-11/2020) 2001-present Diplomat in Infectious Diseases, American Board of Internal Medicine, Infectious Diseases Subspecialty (Recertification 04/2011-04/2021) 2005-present Travel Medicine Certification by the International Society of Travel Medicine 2007-present Tropical Medicine Certification by the American Society of Tropical Medicine – Diploma in Tropical Medicine and Hygiene (DTMH - Gorgas)

EMPLOYMENT HISTORY: • 2002 - 2004 - Advisor to the Director of the National Center for Child and Adolescent Health and of the National Immunization Council (NIP), Ministry of Health Mexico; my activities included critical review of current national health

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plans on vaccination, infectious diseases, soil-transmitted helminthic control programs; meningococcal disease outbreaks in the jail system, an outbreak of imported measles in 2003-2004 and bioterrorism and influenza pandemic preparedness. I represented the NIP at meetings of the Global Health Security Action Group preparation of National preparedness and response plans for Mexico • 2005 – 2011- Co-Director Travel Well Clinic, Emory University Emory Midtown Hospital • 2004- 8/2009 -Assistant Professor of Medicine Department of Medicine, Division of Infectious Diseases Emory University School of Medicine, Atlanta GA • 3/2008-10/2009 Consultant WHO, HQ, Geneva, Influenza Vaccine • 9/2009- 3/2011 Associate Professor of Medicine Department of Medicine, Division of Infectious Diseases Emory University School of Medicine, Atlanta GA • 1/2007 – 3/2011 Assistant Professor of Public Health Hubert Department of Global Health Rollins School of Public Health, Emory University, Atlanta GA • 4/2011 –5/2013 - Associate Professor of Public Health in Global Health Hubert Department of Global Health Rollins School of Public Health, Emory University, Atlanta GA • 2010 - WHO HQ Consultant for a 4-month-period on the Deployment of H1N1 influenza vaccine in the African Region, Jan to March 2010, Switzerland Geneva, WHO HQ 2010 sponsored by John Snow Inc. USAID, Washington, D.C. • 2014-2015 - Consultant International Association of Immunization Managers, Regional Meeting of the Middle Eastern and North African Countries and Sub Saharan Africa, held in Durban South Africa, Sept 2014; and as rapporteur of the Inaugural Conference, 3-4 March 2015, Istanbul, Turkey. • 3/2011- 5/2017 - Phoebe Physician Group –Infectious Diseases Clinician Phoebe Putney Memorial Hospital, Albany, GA. • 5/2015 - 9/2015 - Consultant Surveillance of Enteric Fever in Asia (Pakistan, Indonesia, Bangladesh, Nepal, India) March 2015-October 2015. • June 19, 2017-June 31, 2018–Visiting Associate Professor of Medicine, Division of Infectious Diseases, University of Colorado Denver, Anschutz Medical Campus • June 2004- present - Adjunct Professor of Pediatrics, Division of Clinical Research, Hospital Infantil de México, Federico Gómez, México City, México. Investigador Nacional Nivel II, Sistema Nacional de Investigadores (12/2019); SNI III Sistema Nacional de Investigadores (1/2020-); Investigador Clínico Nivel E, Sistema Nacional de Hospitales
HONORS AND AWARDS
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1995 Top Graduating Student, La Salle School of Medicine
1997 Award for Academic Excellence in Internal Medicine, EUSM 1999 Alpha Omega Alpha (AOA) House staff Officer, EUSM 2002 Pillar of Excellence Award. Fulton County Department of Health and
Wellness Communicable Disease Prevention Branch, Atlanta GA 2002 Emory University Humanitarian Award for extraordinary service in
Leadership Betterment of the Human Condition the Emory University Rollins School of Public Health 2002 Winner of the Essay Contest on the Health of Developing Countries: Causes and Effects in Relation to Economics or Law, sponsored by the Center for International Development at Harvard University and the World Health Organization Commission on Macroeconomics Health with the essay "Infectious Diseases, Non-zero Sum Thinking and the Developing World” 2002 “James W. Alley” Award for Outstanding Service to Disadvantaged Populations, Rollins School of Public Health of Emory University May 2002. Received during Commencement Ceremony Graduation to obtain the Degree of Masters in Public Health 2006 Golden Apple Award for Excellence in Teaching, Emory University, School of Med 2006 Best Conference Award Conference, “Juha Kokko” Best Conference Department of Medicine, EUSM 2007 “Jack Shulman” Award Infectious Disease fellowship, Excellence in Teaching Award, Division of Infectious Diseases, EUSM 2007 Emerging Threats in Public Health: Pandemic Influenza CD-ROM, APHA’s Public Health Education and Health Promotion Section, Annual Public Health Materials Contest award 2009 National Center for Preparedness, Detection, and Control of Infectious Diseases. Honor Award Certificate for an exemplary partnership in clinical and epidemiologic monitoring of illness related to international travel. NCPDCID Recognition Awards Ceremony, April 2009. CDC, Atlanta, GA 2012 The ISTM Awards Committee, directed by Prof. Herbert DuPont, selected the article "Rethinking typhoid fever vaccines" in the Journal of Travel Medicine (Best Review Article) 2012 Best Clinical Teacher. Albany Family Medicine Residency Program 2018 Outstanding Educator Award – Infectious Diseases Fellowship, Division of Infectious Diseases, University of Colorado, Anschutz Medical Center, Aurora Colorado
EDITORSHIP AND EDITORIAL BOARDS 2007-Present Deputy/Associate Editor PLoS Neglected Tropical Disease
Public Library of Science 2017-2018 Deputy Editor, Annals of Clinical Microbiology and Antimicrobials
BMC
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2007-2019 Core Faculty International AIDS Society-USA -Travel and Tropical Medicine/HIV/AIDS
INTERNATIONAL COMMITTEES 2018- Member of the Examination Committee of the International Society of Travel Medicine.
Developing Examination Questions and Proctoring the Certificate in Traveler’s Health Examination
Proctor Certificate of Traveler’s Health Examination (CTH) as part of the International Society of Travel Medicine– 12th Asia-Pacific Travel Health Conference, Thailand 21-24, March 2019 Proctor Certificate of Traveler’s Health Examination (CTH), Atlanta, GA, September, 2019
PRESENTATIONS AT NATIONAL/INTERNATIONAL MEETINGS 2017- Meeting of the Colombian Society of Infectious Diseases, August 2017: Discussion of Clinical Cases Session, Influenza, MERS-Coronavirus, Leprosy, Enteric Fever 2018 – Cutaneous Mycobacterial Diseases, Universidad Cayetano Heredia, Lima, Peru, Mayo 2018 2018 – Scientific Writing Seminar, ACIN, Pereira, Colombia, August 2-4, 2018 2019 – First International Congress of Tropical Diseases ACINTROP 2019. March 21, 2019, Monteria, Colombia, Topic: Leishmaniasis 2019 – One Health Symposium of Zoonoses, Pereira Colombia, August 16-17, 2019, Topic: Zoonotic Leprosy 2019 – Congress Colombian Association of Infectious Diseases (ACIN), Topic: Leprosy in Latin America, Cartagena, Colombia, August 21-24, 2019 2019 – World Society Pediatric Infectious Diseases, Manila Philippines, November 7-9, 2019 Tropical Medicine Symposium: Diagnosis, Treatment, and Prevention of Leprosy. 2019 – FLAP. Federacion Latino Americana de Parasitologia, Panama, Panama, November 26, 2019, Oral Transmission of Leprosy Symposium 2019 – FLAP. Federacion Latino Americana de Parasitologia, Panama, Panama, November 27, 2019, Leprosy Situation in the Americas.
PUBLICATIONS BOOKS Franco-Paredes C, Santos-Preciado JI. Neglected Tropical Diseases in Latin America and the Caribbean, Springer-Verlag, 2015. ISBN-13: 978-3709114216 ISBN-10: 3709114217 Franco-Paredes C. Core Concepts in Clinical Infectious Diseases, Academic Press, Elsevier, March 2016. ISBN: 978-0-12-804423-0
RESEARCH ORIGINAL ARTICLES (clinical, basic science, other) in refereed journals: 1. Del Rio C, Franco-Paredes C, Duffus W, Barragan M, Hicks G. Routinely Recommending HIV Testing at a Large Urban Urgent-Care Clinic – Atlanta, GA. MMWR Morbid Mortal Wkly Rep 2001; 50:538-541. 2. Del Rio C, Barragán M, Franco-Paredes C. Pneumocystis carinii Pneumonia. N Engl J Med 2004; 351:1262-1263.
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3. Barragan M, Hicks G, Williams M, Franco-Paredes C, Duffus W, Del Rio C. Health Literacy is Associated with HIV Test Acceptance. J Gen Intern Med 2005; 20:422-425. 4. Rodriguez-Morales A, Arria M, Rojas-Mirabal J, Borges E, Benitez J, Herrera M, Villalobos C, Maldonado A, Rubio N, Franco-Paredes C. Lepidopterism Due to the Exposure of the Moth Hylesia metabus in Northeastern Venezuela. Am J Trop Med Hyg 2005; 73:991-993. 5. Rodriguez-Morales A, Sánchez E, Arria M, Vargas M, Piccolo C, Colina R, Franco-Paredes C. White Blood Cell Counts in Plasmodium vivax. J Infect Dis 2005; 192:1675-1676. 6. Franco-Paredes C, Nicolls D, Dismukes R, Kozarsky P. Persistent Tropical Infectious Diseases among Sudanese Refugees Living in the US. Am J Trop Med Hyg 2005; 73: 1. 7. Osorio-Pinzon J, Moncada L, Franco-Paredes C. Role of Ivermectin in the Treatment of Severe Orbital Myiasis Due to Cochliomyia hominivorax. Clin Infect Dis 2006; 3: e57-9. 8. Rodriguez-Morales A, Franco-Paredes C. Impact of Plasmodium vivax Malaria during Pregnancy in Northeastern Venezuela. Am J Trop Med Hyg 2006; 74:273-277. 9. Rodriguez-Morales A, Nestor P, Arria M, Franco-Paredes C. Impact of Imported Malaria on the Burden of Malaria in Northeastern Venezuela. J Travel Med 2006; 13:15-20. 10. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, Franco-Paredes C. Is anemia in Plasmodium vivax More Severe and More Frequent than in Plasmodium falciparum? Am J Med 2006; 119:e9-10. 11. Hicks G, Barragan M, Franco-Paredes C, Williams MV, del Rio C. Health Literacy is a Predictor of HIV Knowledge. Fam Med J 2006; 10:717-723. 12. Cardenas R, Sandoval C, Rodriguez-Morales A, Franco-Paredes C. Impact of Climate Variability in the Occurrence of Leishmaniasis in Northeastern Colombia. Am J Trop Med Hyg 2006; 75:273-7. 13. Franco-Paredes C, Nicolls D, Dismukes R, Wilson M, Jones D, Workowski K, Kozarsky P. Persistent and Untreated Tropical Infectious Diseases among Sudanese Refugees in the US. Am J Trop Med Hyg 2007; 77:633-635. 14. Rodríguez-Morales AJ, Sanchez E, Arria M, Vargas M, Piccolo C, Colina R, FrancoParedes C. Hemoglobin and haematocrit: The Threefold Conversion is also Non Valid for Assessing Anaemia in Plasmodium vivax Malaria-endemic Settings. Malaria J 2007; 6:166. 15. Franco-Paredes C, Jones D, Rodriguez-Morales AJ, Santos-Preciado JI. Improving the Health of Neglected Populations in Latin America. BMC Public Health 2007; 7. 16. Kelly C, Hernández I, Franco-Paredes C, Del Rio C. The Clinical and Epidemiologic Characteristics of Foreign-born Latinos with HIV/AIDS at an Urban HIV Clinic. AIDS Reader 2007; 17:73-88. 17. Hotez PJ, Bottazzi ME, Franco-Paredes C, Ault SK, Roses-Periago M. The Neglected Tropical Diseases of Latin America and the Caribbean: Estimated Disease Burden and Distribution and a Roadmap for Control and Elimination. PLoS Negl Trop Dis 2008; 2:e300. 18. Tellez I, Barragan M, Nelson K, Del Rio C, Franco-Paredes C. Pneumocystis jiroveci (PCP) in the Inner City: A Persistent and Deadly Pathogen. Am J Med Sci 2008; 335:192-197. 19. Rodriguez-Morales AJ, Olinda, Franco-Paredes C. Cutaneous Leishmaniasis Imported from Colombia to Northcentral Venezuela: Implications for Travel Advice. Trav Med Infect Dis 2008; 6(6): 376-9. 20. Jacob J, Kozarsky P, Dismukes R, Bynoe V, Margoles L, Leonard M, Tellez I, FrancoParedes C. Five-Year Experience with Type 1 and Type 2 Reactions in Hansen’s Disease at a US Travel Clinic. Am J Trop Med Hygiene 2008; 79:452-454.
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21. Delgado O, Silva S, Coraspe V, Ribas MA, Rodriguez-Morales AJ, Navarro P, FrancoParedes C. Epidemiology of Cutaneous Leishmaniasis in Children and Adolescents in Venezuela. Trop Biomed. 2008; 25(3):178-83. 22. Franco-Paredes C, Lammoglia L, Hernandez I, Santos-Preciado JI. Epidemiology and Outcomes of Bacterial Meningitis in Mexican Children: 10-Years' Experience (1993-2003). Int J Infect Dis 2008; 12:380-386. 23. Pedroza A, Huerta GJ, Garcia ML, Rojas A, Lopez I, Peñagos M, Franco-Paredes C, Deroche C, Mascareñas C. The Safety and Immunogenicity of Influenza Vaccine in Children with Asthma in Mexico. Int J Infect Dis 2009; 13(4): 469-75. 24. Museru O, Franco-Paredes C. Epidemiology and Outcomes of Hepatitis B Virus Infection among Refugees Seen at US Travel Medicine Clinic: 2005-2008. Travel Med Infect Dis 2009; 7: 171-179. 25. Rodriguez-Morales AJ, Olinda M, Franco-Paredes C. Imported Cases of Malaria Admitted to Two Hospitals of Margarita Island, Venezuela: 1998-2005. Travel Med Infect Dis 2009: (1): 48-45. 26. Kelley CF, Checkley W, Mannino DM, Franco-Paredes C, Del Rio C, Holguin F. Trends in Hospitalizations for AIDS-associated Pneumocystis jiroveci Pneumonia in the United States (1986-2005). Chest 2009; 136(1): 190-7. 27. Carranza M, Newton O, Franco-Paredes C, Villasenor A. Clinical Outcomes of Mexican Children with Febrile Acute Upper Respiratory Infection: No Impact of Antibiotic Therapy. Int J Infect Dis 2010; 14(9): e759-63. 28. Museru O, Vargas M, Kinyua M, Alexander KT, Franco-Paredes C, Oladele A. Hepatitis B Virus Infection among Refugees Resettled in the US: High Prevalence and Challenges in Access to Health Care. J Immigrant Minor Health 2010; 29. Moro P, Thompson B, Santos-Preciado JI, Weniger B, Chen R, Franco-Paredes C. Needlestick injuries in Mexico City sanitation workers. Revista Panamericana de Salud Pública/Pan American Journal of Public Health 2010; 27 (6): 467-8. 30. Barragan M, Holtz M, Franco-Paredes C, Leonard M. The Untimely Misfortune of Tuberculosis Diagnosis at time of Death. Infect Dis Clin Pract 2010; 18(6):1-7. 31. Hochberg N, Armstrong W, Wang W, Sheth A, Moro R, Montgomery S, Steuer F, Lennox J, Franco-Paredes C. High Prevalence of Persistent Parasitic Infections in Foreign-born HIVinfected Persons in the United States. PLoS Neglect Dis 2011; 5(4): e1034. 32. Larocque RC, Rao SR, Lee J, Ansdell V, Yates JA, Schwartz BS, Knouse M, Cahill J, Hagmann S, Vinetz J, Connor BA, Goad JA, Oladele A, Alvarez S, Stauffer W, Walker P, Kozarsky P, Franco-Paredes C, Dismukes R, Rosen J, Hynes NA, Jacquerioz F, McLellan S, Hale D, Sofarelli T, Schoenfeld D, Marano N, Brunette G, Jentes ES, Yanni E, Sotir MJ, Ryan ET; the Global TravEpiNet Consortium. Global TravEpiNet: A National Consortium of Clinics Providing Care to International Travelers--Analysis of Demographic Characteristics, Travel Destinations, and Pretravel Healthcare of High-Risk US International Travelers, 2009-2011. Clin Infect Dis. 2012; 54(4):455-462. 33. Espinosa-Padilla SE, Murata C, Estrada-Parra S, Santos-Argumendo L, Mascarenas C, Franco-Paredes C, Espinosa-Rosales FJ. Immunogenicity of a 23-valent pneumococcal polysaccharide vaccine among Mexican children. Arch Med Res 2012; 34. Harris JR, Lockhart SR, Sondermeyer G, Vugia DJ, Crist MB, D'Angelo MT, Sellers B, Franco-Paredes C, Makvandi M, Smelser C, Greene J, Stanek D, Signs K, Nett RJ, Chiller T,
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Park BJ. Cryptococcus gattii infections in multiple states outside the US Pacific Northwest. Emerg Infect Dis. 2013; 19 (10):1620-6. 35. Franco-Paredes C. Aerobic actinomycetes that masquerade as pulmonary tuberculosis. Bol Med Hosp Infant Mex 2014; 71(1): 36-40. 36. Chastain DB, Ngando I, Bland CM, Franco-Paredes C, and Hawkins WA. Effect of the 2014 Clinical and Laboratory Standard Institute urine-specific breakpoints on cefazolin susceptibility rates at a community teaching hospital. Ann Clin Microbiol Antimicrob 2017; 16(1): 43. 37. Kashef Hamadani BH, Franco-Paredes C, MCollister B, Shapiro L, Beckham JD, HenaoMartinez AF. Cryptococcosis and cryptococcal meningitis- new predictors and clinical outcomes at a United States Academic Medical Center. Mycoses 2017; doi: 10.1111/myc.12742. 38. Chastain DB, Franco-Paredes C, Wheeler SE, Olubajo B, Hawkins A. Evaluating Guideline Adherence regarding Empirical Vancomycin use in patients with neutropenic fever. Int J Infect Dis 2018; Feb 22. pii: S1201-9712(18)30052-3. doi: 10.1016/j.ijid.2018.02.016. PMID: 29477362 39. Parra-Henao G, Amioka E, Franco-Paredes C, Colborn KL, Henao-Martinez AF. Heart failure symptoms and ecological factors as predictors of Chagas disease among indigenous communities in the Sierra Nevada de Santa Marta, Colombia. J Card Fail 2018; Mar 26. pii: S1071-9164(18)30119-2. doi: 10.1016/j.cardfail.2018.03.007. 40. Vela Duarte D, Henao-Martinez AF, Nyberg E, Castellanos P, Franco-Paredes C, Chastain DB, Lacunar Stroke in Cryptococcal Meningitis: Clinical and Radiographic Features. J Stroke and Cerebrovascular Disease 2019; 41. Chastain DB, Henao-Martinez AF, Franco-Paredes C. A clinical pharmacist survey of prophylactic strategies used to prevent adverse events of lipid-associated formulations of amphotericin B. Infect Dis 2019; 42. Henao-Martínez AF, Chadalawada S, Villamil-Gomez WE, DeSanto K, Rassi A Jr, FrancoParedes C. Duration and determinants of Chagas latency: an etiology and risk systematic review protocol. JBI Database System Rev Implement Rep. 2019 Jul 22. doi: 10.11124/JBISRIR-D-1800018.
RESEARCH ORIGINAL ARTICLES AS COLLABORATOR (clinical, basic science, other) in refereed journals: 43. Benator D, Bhattacharya M, Bozeman L, Burman W, Cantazaro A, Chaisson R, Gordin F, Horsburgh CR, Horton J, Khan A, Lahart C, Metchock B, Pachucki C, Stanton L, Vernon A, Villarino ME, Wang YC, Weiner M, Weis S; Tuberculosis Trials Consortium. Rifapentine and Isoniazid Once a Week versus Rifampicin and Isoniazid twice a week for Treatment of Drug-susceptible Pulmonary Tuberculosis in HIV-Negative Patients: a Randomised Clinical Trial. Lancet 2002; 360:528-34. 44. Weiner M, Burman W, Vernon A, Benator D, Peloquin CA, Khan A, Weis S, King B, Shah N, Hodge T; Tuberculosis Trials Consortium. Low INH Concentrations and Outcome of Tuberculosis Treatment with Once-weekly INH and Rifapentine. Am J Rev Crit Care Med 2003; 167:1341-1347.
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45. Jasmer RM, Bozeman L, Schwartzman K, Cave MD, Saukkonen JJ, Metchock B, Khan A, Burman WJ; Tuberculosis Trials Consortium. Recurrent Tuberculosis in the United States and Canada: Relapse or Reinfection? Am J Respir Crit Care Med 2004; 170:1360-1366. Mendelson M, Davis XM, Jensenius M, Keystone JS, von Sonnenburg F, Hale DC, Burchard GD, Field V, Vincent P, Freedman DO; GeoSentinel Surveillance Network. Health risks in travelers to South Africa: the GeoSentinel experience and implications for the 2010 FIFA World Cup. Am J Trop Med Hyg. 2010; 82(6): 991-5. 46. Hagmann S, Neugebauer R, Schwartz E, Perret C, Castelli F, Barnett ED, Stauffer WM; GeoSentinel Surveillance Network. Illness in children after international travel: analysis from the GeoSentinel Surveillance Network. Pediatrics. 2010; 1 25(5): e1072-80. 47. Schlagenhauf P, Chen LH, Wilson ME, Freedman DO, Tcheng D, Schwartz E, Pandey P, Weber R, Nadal D, Berger C, von Sonnenburg F, Keystone J, Leder K; GeoSentinel Surveillance Network. Sex and gender differences in travel-associated disease. Clin Infect Dis. 2010; 50 (6): 826-32. 48. Jensenius M, Davis X, von Sonnenburg F, Schwartz E, Keystone JS, Leder K, Lopéz-Véléz R, Caumes E, Cramer JP, Chen L, Parola P; GeoSentinel Surveillance Network. Multicener GeoSentinel analysis of rickettsial diseases in international travelers, 1996-2008. Emerg Infect Dis. 2009; 15(11):1791-8. 49. Chen LH, Wilson ME, Davis X, Loutan L, Schwartz E, Keystone J, Hale D, Lim PL, McCarthy A, Gkrania-Klotsas E, Schlagenhauf P; GeoSentinel Surveillance Network. Emerg Infect Dis. 2009; 15(11): 1773-82. 50. Nicolls DJ, Weld LH, Schwartz E, Reed C, von Sonnenburg F, Freedman DO, Kozarsky PE; GeoSentinel Surveillance Network. Characteristics of schistosomiasis in travelers reported to the GeoSentinel Surveillance Network 1997-2008. Am J Trop Med Hyg 2008; 79(5): 729-34. 51. Greenwood Z, Black J, Weld L, O'Brien D, Leder K, Von Sonnenburg F, Pandey P, Schwartz E, Connor BA, Brown G, Freedman DO, Torresi J; GeoSentinel Surveillance Network. Gastrointestinal infection among international travelers globally. J Travel Med 2008; 1 5(4):221-8. 52. Davis XM, MacDonald S, Borwein S, Freedman DO, Kozarsky PE, von Sonnenburg F, Keystone JS, Lim PL, Marano N; GeoSentinel Surveillance Network. Health risks in travelers to China: the GeoSentinel experience and implications for the 2008 Beijing Olympics. Am J Trop Med Hyg 2008; 79(1): 4-8. 53. Boggild AK, Castelli F, Gautret P, Torresi J, von Sonnenburg F, Barnett ED, Greenaway CA, Lim PL, Schwartz E, Wilder-Smith A, Wilson ME; GeoSentinel Surveillance Network. Vaccine preventable diseases in returned international travelers: results from the GeoSentinel Surveillance Network. Vaccine 2010; 28(46):7389-95. 54. Esposito DH, Han PV, Kozarsky PE, Walker PF, Gkrania-Klotsas E, Barnett ED, Libman M, McCarthy AE, Field V, Connor BA, Schwartz E, MacDonald S, Sotir MJ; GeoSentinel Surveillance Network. Characteristics and spectrum of disease among ill returned travelers
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from pre- and post-earthquake Haiti: The GeoSentinel experience. Am J Trop Med Hyg 2012 Jan; 86(1):23-8. 55. Boggild AK, Castelli F, Gautret P, Torresi J, von Sonnenburg F, Barnett ED, Greenaway CA, Lim PL, Schwartz E, Wilder-Smith A, Wilson ME; GeoSentinel Surveillance Network. Latitudinal patterns of travel among returned travelers with influenza: results from the GeoSentinel Surveillance Network, 1997-2007. J Travel Med 2012; 19(1):4-8. doi: 10.1111/j.1708-8305.2011.00579.x.
REVIEW, EDITORIALS, CASE SERIES, CASE REPORT ARTICLES: 56. Franco-Paredes C, Jurado R. Ankylosing Spondylitis Fibrocavitary Lung Disease. Clin Infect Dis 2001; 32:1062. 57. Franco-Paredes C, Evans J, Jurado R. Diabetes Insipidus due to Streptococcus pneumoniae Meningitis. Arch Intern Med 2001; 161; 1114-15. 58. Franco-Paredes C, Blumberg H. Tuberculosis Psoas Abscess caused by Mycobacterium tuberculosis and Staphylococcus aureus: Case Report and Review. Am J Med Sci 2001; 321:415-17. 59. Jurado R, Franco-Paredes C. Aspiration Pneumonia: A Misnomer. Clin Infect Dis 2001;33:1612-3. 60. Del Rio Carlos, Franco-Paredes C. Bioterrorism: A New Public Health Problem. Sal Publ Mex 2001; 43:585-88. 61. Franco-Paredes C, Blumberg H. New Concepts in the Diagnosis of Latent Tuberculosis Infection. Consultant 2001; 41:1105-1121. 62. Franco-Paredes C, Bellehemeur T, Sanghi P, et al. Aseptic Meningitis and Retrobulbar Optic Neuritis Caused By VZV Preceding the Onset of PORN in a Patient with AIDS. AIDS 2002; 16:1045-1049. 63. Franco-Paredes C, Mehrabi D, Calle J, Jurado R. Night Sweats Revisited. Infect Dis Clin Pract 2002; 11:291-293. 64. Franco-Paredes C, Jurado R, Del Rio C. The Clinical Utility of the Urine Gram Stain. Infect Dis Clin Pract 2002; 11:561-563. 65. Franco-Paredes C, Agudelo C. Editorial Response: The Ever Expanding Clinical Spectrum of Tuberculosis. J Clin Rheumatol 2002;8:1-2. 66. Franco-Paredes C, Rebolledo P, Folch E, Hernandez I, Del Rio C. Diffuse CD8 Lymphocytosis Syndrome in HIV-infected Patients. AIDS Reader 2002; 12:408-13. 67. Franco-Paredes C. Human Immunodeficiency Virus Infection as a Risk Factor for Tuberculosis Infection and Clinical Disease. Infect Med 2002; 19:475-479. 68. Franco-Paredes C, Leonard M, Jurado R, Blumberg H. Tuberculosis of the Pancreas. Report of two cases and Review of the Literature. Am J Med Sci 2002; 323(1): 54-58. 69. DiazGranados C, Franco-Paredes C, Steinberg J. A Long Suffering Patient with New Abdominal Pain. Clin Infect Dis 2002; 34(9):1213-1214; 1267-1268. 70. Franco-Paredes C, Martin K. Extranodal Rosai-Dorfman Manifested in the Meninges. Southern Med J 2002; 95(9): 1101-1104. 71. Franco-Paredes C, Workowski K, Harris M. Infective Endocarditis-Endarteritis Complicating Coarctation of the Aorta. Am J Med 2002; 112(7):590-92. 72. Folch E, Hernandez I, Barragan M, Franco-Paredes C. Infectious Disease, Non-Zero Sum Thinking and the Developing World. Am J Med Sci 2003; 326:66-72.
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73. Franco-Paredes C, Santos Preciado JI. Parasitology Resources on the World Wide Web: A Powerful Tool for Infectious Diseases Practitioners. Clin Infect Dis 2003; 37:694-701. 74. Franco-Paredes C, Tellez I, Santos-Preciado JI. Monkeypox Virus Infection Appears in the Americas. Salud Publ Mex 2003; 45:428-430. 75. Franco-Paredes C, Del Rio C, Nava Frías M, Rangel Frausto S, Téllez I, Santos Preciado JI. Confronting Bioterrorism: Epidemiologic, Clinical, and Preventive Aspects of Smallpox. Sal Publ Mex 2003; 45:298-309. 76. Franco-Paredes C, Kuri-Morales P, Alvarez-Lucas C, Zavala E, Betancourt M, Nava-Frias M, Santos-Preciado JI. Severe Acute Respiratory Syndrome: A Global View of the Epidemic. Sal Publ Mex 2003; 45:211-220. 77. Huneycut D, Folch E, Franco-Paredes C. Atypical Manifestations of Infections in Patients with Familial Dysautonomia. Am J Med 2003; 115(6): 505-506. 78. Franco-Paredes C, Sanghi P. Progressive Multifocal Leukoencephalopathy. Infect Med 2003; 20(8):376. 79. Franco-Paredes C, Guarner J, McCall C, Mehrabi D, Del Rio C. Clinical and Pathological Recognition of Leprosy. Am J Med 2003; 114(3):246-7. 80. Franco-Paredes C, Lammoglia L, Santos Preciado JI. Historical Perspective of Smallpox in Mexico: Origins, Elimination, and Risk of Reintroduction due to Bioterrorism. Gac Med Mex 2004; 141:321-328. 81. Santos-Preciado JI, Franco-Paredes C. Influenza Vaccine in Childhood: a Preventive Strategy of National Priority. Salud Publ Mex 2004; 46:498-500. 82. Almeida L, Franco-Paredes C, Pérez LF, Santos JI. Meningococcal Disease: Preventive and Clinical Aspects. Salud Publ Mex 2004; 46(5):438-50. 83. Franco-Paredes C, Téllez I, Del Rio C. The Inverse Relationship between Decreased Infectious Diseases and Increased Inflammatory Disease Occurrence. Arch Med Res 2004; 35:258-26. 84. Arria M, Rodríguez-Morales A, Franco-Paredes C. Galeria Eco-epidemiológica de la Cuenca Amazónica. Rev Peru Salud Publ 2005; 22:236-240. 85. Franco-Paredes C, Lammoglia L, Santos-Preciado JI. The Spanish Royal Philanthropic Expedition to Bring Smallpox Vaccination to the New World and Asia in the 19th Century. Clin Infect Dis 2005; 41:1285-1289. 86. Diaz-Borjon A, Lim S, Franco-Paredes C. Multifocal Septic Arthritis: An Unusual Complication of Invasive Streptococcus pyogenes Infection. Am J Med 2005. 118(8): 924-925. 87. Franco-Paredes C, Rodríguez A. Lepromatous Leprosy. Infect Med 2005 88. Santos-Preciado JI, Franco-Paredes C. Tratamiento Acortado Estrictamente Supervisado (TAES o DOTS) Para Tuberculosis en Poblaciones Con Niveles Moderados de Farmacorresistencia: Perspectiva del Impacto Internacional. Rev Inv Clin 2005; 57:488-490. 89. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, Franco-Paredes C. Severe Thrombocytopenia, Reply to Spinello et al. Clin Infect Dis 2005; 41:1211-1212. 90. Franco-Paredes C, Dismukes R, Nicolls D, Kozarsky P. Reply to Newton et al. Clin Infect Dis 2005;41:1688-1689. 91. Rodríguez-Morales A, Sánchez E, Vargas M, Piccolo C, Colina R, Arria M, Franco-Paredes C. Occurrence of Thrombocytopenia in Plasmodium vivax malaria. Clin Infect Dis 2005;41:130131. 92. Franco-Paredes C, Rodríguez-Morales A, Santos-Preciado JI. Bioterrorism: Preparing for the Unexpected. Rev Inv Clin 2005; 57: 57(5):695-705.
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93. Franco-Paredes C, Tellez I, Del Rio C, Santos-Preciado JI. Pandemic Influenza: Impact of Avian Influenza. Salud Publ Mex 2005; 2: 47(2):107-9. 94. Franco-Paredes C, Dismukes R, Nicolls D, Kozarsky D. Neurotoxicity Associated To Misdiagnosis of Malaria. Clin Infect Dis 2005; 40:1710-1711. 95. Rodríguez-Morales A, Benitez J, Franco-Paredes C. Plasmodium vivax Malaria Imported from a rural Area Near Caracas Venezuela? J Trav Med 2006; 13:325-326. 96. Franco-Paredes C, Tellez I, Del Rio C. Rapid HIV Testing. Current HIV/AIDS Reports 2006; 3:169-75. 97. Franco-Paredes C, Hidron A, Steinberg JP. Photo Quiz: An 82-year-old Female from Guyana with Fever and Back pain. Chyluria due to Wuchereria bancrofti Infection. Clin Infect Dis 2006; 42 (9): 1297; 1340-1341. 98. Franco-Paredes C, Kozarsky P, Nicolls D, Dismukes R. Pelvic Echinococcosis in a Northern Iraqi Refugee. J Trav Med 2006. 13 (2): 119-122. 99. Franco-Paredes C, Santos-Preciado JI. Prevention of Malaria in Travelers. Lancet Infect Dis 2006; 6:139-149. 100. Franco-Paredes C, Santos-Preciado JI. Reply to Christenson. Clin Infect Dis 2006; 42: 731-732. 101. Franco-Paredes C, Diaz-Borjon A, Barragán L, Senger M, Leonard M. The Ever Expanding Association between Tuberculosis and Rheumatologic Diseases. Am J Med 2006; 119:470-477. 102. Franco-Paredes C, Rouphael N, Del Rio C, Santos-Preciado JI. Vaccination Strategies to Prevent Tuberculosis in the New Millennium: From BCG to New Vaccine Candidates. Int J Infect Dis 2006; 10:93-102. 103. Tellez I, Calderon O, Franco-Paredes C, Del Rio C. West Nile Virus: A Reality in Mexico. Gac Med Mex 2006; 142:493-9. 104. Franco-Paredes C, Santos-Preciado JI. Reply to Christenson. Clin Infect Dis 2006; 42:731-732. 105. Kieny MP, Costa A, Carrasco P, Perichov Y, Franco-Paredes C, Santos-Preciado JI, et al. A Global Pandemic Influenza Vaccine Action Plan. Vaccine 2006; 24:6367-6370. 106. Franco-Paredes C, Anna Von, Alicia Hidron, Alfonso J. Rodríguez-Morales, Ildefonso Tellez, Maribel Barragán, Danielle Jones, Cesar G. Náquira, Jorge Mendez. Chagas Disease: An Impediment in Achieving the Millennium Development Goals in Latin America. BMC Int Health Hum Rights 2007; 7:7. 107. Von A, Zaragoza E, Jones D, Rodriguez-Morales A, Franco-Paredes C. New Insights into Chagas Disease: A Neglected Disease in Latin America. J Infect Developing Countries 2007; 1:99-111. 108. Tellez I, Franco-Paredes C, Caliendo A, Del Rio C. Rapid HIV Test: A Primer for Clinicians. Infect Med 2007; 24:381-385. 109. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 1. General Aspects and Immunopathogenesis. Clin Cardiol 2007; 30:195-199. 110. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 2. Myocardial Manifestations of Parasitic Diseases. Clin Cardiol 2007; 30:218-222.
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111. Franco-Paredes C, Rouphael N, Rodríguez-Morales A, Folch E, Mendez N, Hurst JW. Cardiac Manifestations of Parasitic Diseases Part 3. Pericardial Manifestations of Parasitic Diseases and Other Cardiopulmonary Manifestations. Clin Cardiol 2007; 30:277-280. 112. Rouphael N, Talati N, Franco-Paredes C. A Painful Thorn in the Foot: Eumycetoma. Am J Med Sci 2007; 334:142-144. 113. Zimmer S, Franco-Paredes C. Efficacy of Nitazoxanide in the Treatment of Cyclospora cayetanensis in a Patient Allergic to Sulfas. Clin Infect Dis 2007; 44(3):466-7. 114. Kaplan R, Rebolledo P, Gonzalez E, Franco-Paredes C. An Unexpected Visitor: Mycobacterium kansasii Cutaneous Infection. Am J Med 2007; 120(5):415-6. 115. Seybold U, Blumberg H, Talati N, Franco-Paredes C. Hematogenous Osteomyelitis Mimicking Osteosarcoma due to Community Associated Methicillin-Resistant Staphylococcus aureus. Infect 2007; 35(3): 190-3. 116. Liff D, Kraft C, Pohlel K, Sperling L, Chen E, Franco-Paredes C. Nocardia Nova Aortitis Following Coronary Artery Bypass Surgery. J Am Soc Echo 2007; 20(5):537:e7-8. 117. Rodriguez-Morales AJ, Franco-Paredes C. Paracoccidiodomycosis (South American Blastomycosis) of the Larynx Mimicking Carcinoma. Am J Med Sci 2008; 335:149-150. 118. Franco-Paredes C. Filariasis due Loa loa is also a cause of Angioedema. Am J Med 2008; 121(10): e29. 119. Rodriguez-Morales A, Benitez J, Tellez I, Franco-Paredes C. Chagas Disease Screening among Latin American Immigrants in Non-endemic Settings. Travel Medicine and Infectious Disease 2008; 6:162-3. 120. Talati N, Rouphael N, Kuppali K, Franco-Paredes C. Spectrum of Central Nervous System Manifestations due to Rapidly Growing Mycobacteria. Lancet Infect Dis 2008; 8:390-8. 121. Rifakis P, Rodríguez-Morales A, Franco-Paredes C. Atypical Plasmodium vivax Malaria in a Traveler: Bilateral hydronephrosis, Severe Thrombocytopenia, and Hypotension. J Trav Med 2008; 15(2): 119-21. 122. Osorio-Pinzon J, Carvajal C, Sussman O, Buitrago R, Franco-Paredes C. Acute liver failure due to dengue virus infection. Int J Infect Dis 2008; 12: 444-445. 123. Jacob J, Franco-Paredes C. The Stigmatization of leprosy in India and its Impact on future approaches to elimination and control. PloS Neglected Tropical Diseases 2008; 30:e113. 124. Difrancesco L, Mora L, Doss M, Small J, Williams M, Franco-Paredes C. Short of Breath: Not short of diagnosis. J Hosp Med 2009; 4(1):60-7. 125. Whitaker JA, Edupuganti S, Del Rio C, Franco-Paredes C. Rethinking Typhoid Fever Vaccines: Implications for travelers and those living in endemic areas. J Travel Med 2009, 16(1): 46-52. 126. Franco-Paredes C, Hidron A, Lesesne J, Tellez I, Del Rio C. HIV-AIDS: Pretravel recommendations and health-related risks. Topics in HIV 2009; 17(1): 2-11. 127. Franco-Paredes C, Jacob JT, Stryjewska B, Yoder L. Two patients with leprosy and the sudden appearance of Inflammation in the skin and new sensory loss. PLoS Negl Trop Dis 2009; 3(9): e425. 128. Franco-Paredes C, Hidron A, Jacob J, Nicolls D, Kuhar D, Caliendo A. Transplantation and Tropical Infectious Diseases. Int J Infect Dis 2009; 14(3): e189-96. 129. Parker S, Vogenthaler N, Franco-Paredes C. Leishmania tropica Cutaneous and Presumptive Concomitant Viscerotropic Leishmaniasis with Prolonged Incubation. Arch Dermatol 2009; 145(9): 1023-6.
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130. DiazGranados C, Franco-Paredes C. HIV and Chagas Disease Co-Infection: An Evolving Epidemiologic and Clinical Association. Lancet Infect Dis 2009; 9:324-330. 131. Hidron A, Franco-Paredes C, Drenkard C. A rare opportunistic infection in a woman with systemic lupus erythematous and multiple skin lesions. Lupus 2009; 18 (12): 1100-3. 132. Franco-Paredes C, Kozarsky P. The Bottom Line. Am J Med 2009; 122(12): 1067-8. 133. Franco-Paredes C, Bottazzi ME, Hotez PJ. The Unfinished Agenda of Chagas Disease Control in the Era of Globalization. PLoS Negl Trop Dis. 2009 Jul 7; 3(7): e470. 134. Franco-Paredes C, Carrasco P, Del Rio C, Santos Preciado JI. Respuesta al Brote de Influenza A H1N1. Salud Publ Mex 2009; 51 (3): 183-186. 135. Franco-Paredes C. An Unusual Clinical Presentation of Posttraumatic Stress Disorder in a Sudanese Refugee. Journal of Immigrant and Minority Health 2009; 12(2): 267-9. 136. Kempker R, DiFrancesco L, Gorgojo A, Franco-Paredes C. Xantogranulomathous pyelonephritis caused by Community-Associated MRSA. Cases Journal 2009; 2: 7437. 137. Franco-Paredes C, Carrasco P, Santos-Preciado JI. The First Influenza Pandemic in the New Millennium: Lessons Learned Hitherto for Current Control Efforts and Overall Pandemic Preparedness. Journal of Immune Based Therapies and Vaccines 2009, 7:2. 138. Livorsi D, Qureshi S, Howard M, Franco-Paredes C. Brainstem Encephalitis: An Unusual Presentation of Herpes Simplex Virus Infection. J Neurol 2010; 257(9): 1432-7. 139. Del Rio C, Franco-Paredes C. The Perennial threat of influenza viruses: The Mexican Experience during the Influenza A (H1N1) 2009 Pandemic. Arch Med Res 2010; 40(8):641-2. 140. Santos-Preciado JI, Franco-Paredes C, Hernandez-Ramos MI, Tellez I, Del Rio C, Roberto Tapia-Conyer R. What have we learned from the Novel Influenza A (H1N1) Influenza Pandemic in 2009 for strengthening Pandemic Influenza Preparedness? Arch Med Res 2010; 40(8): 673-6. 141. Franco-Paredes C, Hernandez-Ramos MI, Del Rio C, Alexander KT, Tapia-Conyer R, Santos-Preciado JI. H1N1 Influenza Pandemics: Comparing the Events of 2009 in Mexico with those of 1976, and 1918-1919. Arch Med Res 2010; 40(8): 6730-6. 142. Graham A, Furlong S, Owusu K, Margoles L, Franco-Paredes C. Clinical Management of Leprosy Reactions. Infect Dis Clin Pract 2010; 18: 234-7. 143. Hidron A, Vogenthaler N, Santos-Preciado JI, Rodriguez-Morales AJ, Franco-Paredes C, Rassi A. Cardiac Involvement with Parasitic Diseases. Clin Microb Rev 2010; 23 (2): 1-27. 144. Franco-Paredes C, Zeuli J, Hernandez-Ramos I, Santos-Preciado JI. Preserving Idealism in Global Health. Global Health Prom 2010; 17(4): 57-60. 145. Franco-Paredes C. Reconstructing the Past of Poliovirus Eradication. Lancet Infect Dis 2010; 10(10): 660-1. 146. Franco-Paredes C, Ko AI, Aksoy S, Hotez PJ. A New Clinical Section in PLoS Neglected Tropical Diseases: NTD Photo Quiz. PLoS Neglect Trop Dis 2010; 4(9): e760. 147. Tellez I, Franco-Paredes C. Actinomycetoma. PLoS Neglect Trop Dis 2010; 4(9): e772. 148. Franco-Paredes C, Hernandez I, Santos-Preciado JI. Equidad en inmunizaciones en las poblaciones más vulnerables en Mesoamérica: Plan Regional del Sistema Mesoamericano de Salud Pública. Salud Publ. Mex 2011; 53 Suppl 3:S323-32.
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149. Santos-Preciado JI, Rodriguez MH, Franco-Paredes C. Equidad en Salud en America Latina: De la Oficina Panamericana de Salud Pública a la Iniciativa de Salud Pública. Salud Publ. Mex 2011; 53 Suppl 3:S289-94. 150. Rassi A Jr., Rassi A, Franco-Paredes C. A Latin-American woman with palpitations, a right bundle branch block, and an apical aneursym. PLoS Neglect Trop Dis 2011; 5(2):e852. doi: 10.1371/journal.pntd.0000852. 151. Gupta D, Green J, Franco-Paredes C, Lerakis S. Challenges in the Clinical Management of Blood-Culture Negative Endocarditis: the case of Bartonella henselae infection. Am J Med 2011; 124(3):e1-2. doi: 10.1016/j.amjmed.2010.09.022. 152. Franco-Paredes C. Health Equity is not only Healthcare Delivery. Lancet 2011; 377: 1238. 153. Franco-Paredes C, Santos-Preciado JI. Freedom, Justice, and the Neglected Tropical Diseases. PLoS Neglect Trop Dis 2011; 5(8):e1235. 154. Sellers B, Hall P, Cine-Gowdie S, Hays AL, Patel K, Lockhart SR, Franco-Paredes C. Cryptococcus gattii: An Emerging Fungal Pathogen in the Southeastern United States. Am J Med Sci. 2012; 343(6):510-1. doi: 10.1097/MAJ.0b013e3182464bc7. 155. Franco-Paredes C. Poliovirus eradication. Lancet Infect Dis 2012; 12(6):432-3. doi: 10.1016/S1473-3099(12)70102-0. 156. Franco-Paredes C, Ray S. Causes of persistent of acid-fast positive smears in patients with pulmonary tuberculosis. Am J Med 2012; 125(12):e3-4. doi: 10.1016/j.amjmed.2012.03.002. 157. Franco-Paredes C. Causes of persistent of acid-fast positive smears in patients with pulmonary tuberculosis. Am J Med 2013: 126(7):e17. doi: 10.1016/j.amjmed.2013.03.001. 158. Franco-Paredes C. Illness and Death in the Universe. Perm J. 2013; 17(4):90-1. 159. Hare A, Franco-Paredes C. Ocular Larva Migrans: A Severe Manifestation of an Unseen Epidemic. Curr Trop Med Rep 2014; 1: 69-73. 160. Franco-Paredes C. Recovering our Human Story. J Cosmology and Philosophy 2014;12: 210-213. 161. Powell DR, Patel S, Franco-Paredes C. Varicella-Zoster virus vasculopathy: The growing association between herpes zoster virus and strokes. Am J Med Sci 2014; 350(3):243-5. 162. Franco-Paredes C. The growing threat of leishmaniasis in travelers. Trav Med Infect Dis 2014; 12(6 Pt A):559-60. doi: 10.1016/j.tmaid.2014.10.020. 163. Franco-Paredes C, Sellers B, Hayes A, Chane T, Patel K, Lockhart S, Marr K. Management of Cryptococcus gattii meningoencephalitis. Lancet Infect Dis 2014; 15(3):348-55. 164. White C, Franco-Paredes C. Leprosy in the 21st Century. Clin Microb Rev 2014; 28(1): 80-94. 165. Carrasco P, Franco-Paredes C, Andrus J, Waller K, Maassen A, Symenouh E, Hafalia G. Inaugural conference of the International Association of Immunization Managers (IAIM), Istanbul Turkey, 3-4 March 2015; Vaccine 2015; 33(33):4047-50. 166. Franco-Paredes C, Rodriguez-Morales AJ. Unsolved matters in leprosy: a descriptive review and call for further research. Ann Clin Microbiol Antimicrob 2016; 15(1):33.
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167. Rodriguez-Morales AJ, Banderia AC, Franco-Paredes C. The expanding spectrum of modes of transmission of Zika virus: a global concern. Ann Clin Microbiol Antimicrob 2016; 15:13. doi: 10.1186/s12941-016-0128-2. 168. Khan MI, Katrinak C, Freeman A, Franco-Paredes C. Enteric Fever and Invasive Nontyphidal Salmonellosis – 9th International Conference on typhoid and Invasive NTS Disease, Bali, Indonesia, April 30-May 3, 2015. Emerg Infect Dis 2016; 22(4): doi: 10.3201/eid2204.151463. 169. Franco-Paredes C, Khan MI, Santos-Preciado JI, Gonzalez-Diaz E, Rodriguez-Morales AJ, Gotuzzo E. Enteric Fever: A Slow Reponse to An Old Plague. PLoS Negl Trop Dis 2016; 10(5):e0004597. doi: 10.1371/journal.pntd.0004597. 170. Rodriguez-Morales AJ, Villamil-Gomez WE, Franco-Paredes C. The arboviral burden of disease caused by co-circulation and co-infection of dengue, chikungunya and Zika in the Americas. Trav Med Infect Dis 2016; 14(3):177-9. doi: 10.1016/j.tmaid.2016.05.004. 171. Alvarado-Socarras JL, Ocampo-Gonzalez M, Vargas Soler JA, Rodriguez-Morales AJ, Franco-Paredes C. Congenital and neonatal Chikungunya in Colombia. J Pediatric Infect Dis Soc. 2016;5(3): e17-20. 172. Franco-Paredes C, Chastain DB, Ezigbo C, Callins KR. Reducing transmission of HIV in the Southeastern US Lancet HIV 2017; 4(3):e101-e102. 173. Franco-Paredes C, Chastain D, Marcos LA, Rodriguez-Morales AJ. Cryptococcal meningoencephalitis in AIDS: When to start antiretroviral therapy? Ann Clin Microbiol Antimicrob 2017; 16:9. 174. Khan MI, Franco-Paredes C, Ochiai RL, Mogasale V, Sushant S. Barriers to typhoid fever vaccine access in endemic countries. Research and Reports in Tropical Medicine; 2017; 8:37-44. 175. Franco-Paredes C, Chastain D, Taylor P, Stocking S, Sellers B. Boar hunting and brucellosis caused by Brucella suis. Trav Med Infect Dis 2017; S1477-8939(17): 30037-6. 176. Chastain DB, Henao-Martinez AF, Franco-Paredes C. Cryptococcal Antigen Negative Cryptococcal Meningoencephalitis. Diagn Microbiol Infect Dis 2017; 89(2): 143-145. 177. Chastain DB, Henao-Martinez A, Franco-Paredes C. Opportunistic invasive fungal infections in HIV/AIDS: Cryptococcosis, Histoplasmosis, Coccidioidomycosis and Talaromycosis. Current Infect Dis Rep 2017; 19(10): 36. 178. Chastain DB, Kayla Stover, Franco-Paredes C. Adressing Antiretroviral TherapyAssociated Drug-Drug Interactions in Patients Requiring Treatment for Opportunistic Infections in Low-Income and Resource-Limited Settings. J Clin Pharmacol 2017; 57(11):1387-1399. 179. Franco-Paredes C. The Harmony of Disequilibrium. Permanente J. 2017; 22. doi: 10.712/TPP/17-067. 180. Franco-Paredes C, Henao-Martinez A, Chastain DB. A 27-year-old male with blurry vision, oral and nasal mucosal lesions, and a skin rash. Clin Infect Dis 2018; 181. Henao-Martinez AF, Olague N, Franco-Paredes C. Spontaneous Mycobacterium bolletti skin abscesses —an under recognized zoonosis from raw bovine milk. Trav Med Infect Dis 2018 Jan 29. pii: S1477-8939(18)30003-6. doi: 10.1016/j.tmaid.2018.01.003. PMID: 29477362.
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182. Franco-Paredes C, Henao-Martinez AF, Mathur S, Villamil-Gomez W. A Man Who Harvest Peanuts with Verrucous Lesions in his Right Index Finger. Am J Med Sci 2018; Mar; 355(3):e7. doi: 10.1016/j.amjms.2017.11.010. Epub 2017 Nov 22. No abstract available. PMID: 2954993 183. Henao-Martinez AF, Franco-Paredes C, Palestine A, Montoya G. Symptomatic acute toxoplasmosis in returning travelers. Open Forum Infect Dis 2018;5(4):ofy058. doi: 10.1093/ofid/ofy058. eCollection 2018 Apr. PMID: 29644250. 184. Steele GM, Franco-Paredes C, Chastain DB. Non-infectious causes of fever in adults. Nurse Pract 2018Apr 19; 43(4):38-44. doi: 10.1097/01.NPR.0000531067.65817.7d. 185. Henao-Martinez AF, Chastain DB, Franco-Paredes C, Treatment of cryptococcosis in nonHIV immunocompromised patients. Curr Opin Infect Dis 2018; PMID 29738314. 186. Chastain DB, Sam JI, Steele GM, Lowder LO, Franco-Paredes C. Expanding Spectrum of Toxoplasmosis gondii: Thymoma and Toxoplasmic encephalitis. Open Forum Infect Dis 2018; Jul 7;5(7):ofy163. doi: 10.1093/ofid/ofy163. eCollection 2018 Jul. 187. Kleinschmidt-DeMasters B, Hawkins K, Franco-Paredes C. Non-tubercular mycobacterial spinal cord abscesses in an HIV plus male due M. haemophilum. J Neuropathol Experim Neurol 2018; 77(6): 532-532. 188. Bruner KT, Chastain DB, Henao-Martinez AF, Franco-Paredes C. Cryptococcus gattii complex infections in HIV-infected patients, Southeastern United States. Emerg Infect Dis 2018; 24(11): 1998-2002. 189. José A. Suárez, Lolimar Carreño, Alberto E. Paniz-Mondolfi, Francisco J. Marco-Canosa, Héctor Freilij, Jorge A. Riera, Alejandro Risquez, Andrea G. Rodriguez-Morales, Evimar Hernández-Rincón, Jorge Alvarado-Socarras, Gustavo Contreras, Maritza Cabrera, Rosa M. Navas, Fredi Díaz-Quijano, Tamara Rosales, Rosa A. Barbella-Aponte, Wilmer E. VillamilGómez, Marietta Díaz, Yenddy Carrero, Anishmenia Pineda, Nereida Valero-Cedeño, Cesar Cuadra-Sánchez, Yohama Caraballo-Arias, Belkis J. Menoni-Blanco, Giovanni Provenza, Jesús E. Robles, María Triolo-Mieses, Eduardo Savio-Larriera, Sergio Cimerman, Ricardo J. Bello, Carlos Franco-Paredes, Juliana Buitrago, Marlen Martinez-Gutierrez, Julio Maquera-Afaray, Marco A. Solarte-Portilla, Sebastián Hernández-Botero, Krisell Contreras, Jaime A. CardonaOspina, D. Katterine Bonilla-Aldana, Alfonso J. Rodriguez-Morales. Infectious Diseases, Social, Economic and Political Crises, Anthropogenic Disasters and Beyond: Venezuela 2019Implications for public health and travel medicine. Rev Panam Enf Inf 2018; 1(2):73-93. 190. Gharamati A, Rao A, Pecen PE, Henao-Martinez AF, Franco-Paredes C, Montoya JG. Acute Disseminated Toxoplasmosis with Encephalitis. Open Forum Infect Dis 2018; Oct 17; 5 (11):ofy259. doi: 10.1093/ofid/ofy259. 191. Franco-Paredes C, Rodriguez-Morales AJ, Luis A. Marcos, Henao-Martinez AF, VillamilGomez WE, Gotuzzo E, Bonifaz A. Cutaneous Mycobacterial Diseases. Clin Microb Rev 2018; 14; 32(1). pii: e00069-18. doi: 10.1128/CMR.00069-18.
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192. Henao-Martínes AF, Pinto N, Henao San Martin V, Franco-Paredes C, Gharamati A. Successful Treatment of Gonococcal Osteomyelitis with One Week of Intravenous Antibiotic Therapy. Int J STDs HIV 2019; 193. Reno E, Foster G, Franco-Paredes C, Henao-Martinez AF. Fatal fulminant hepatitis A in a US traveler returning from Peru. J Trav Med 2019. 194. Canfield G, C, Mann S, Zimmer S, Franco-Paredes C. A 31-Year-Old Micronesian Man with Shoulder Fungating Mass. Clin Infect Dis 2019; 195. Parra-Henao G, Oliveros H, Hotez PJ, Motoa G, Franco-Paredes C, Henao-Martínez AF. In Search of Congenital Chagas Disease in the Sierra Nevada de Santa Marta, Colombia. Am J Trop Med Hyg. 2019;101(3):482-483. doi: 10.4269/ajtmh.19-0110. PMID: 31264558. 196. Bonilla-Aldana DK, Suárez JA, Franco-Paredes C, Vilcarromero S, Mattar S, GómezMarín JE, Villamil-Gómez WE, Ruíz-Sáenz J, Cardona-Ospina JA, Idarraga-Bedoya SE, GarcíaBustos JJ, Jimenez-Posada EV, Rodríguez-Morales AJ. Brazil burning! What is the potential impact of the Amazon wildfires on vector-borne and zoonotic emerging diseases? - A statement from an international experts meeting. Travel Med Infect Dis. 2019:101474. doi: 10.1016/j.tmaid.2019.101474. 197. Henao-Martinez AF, Archuleta S, Vargas D, Franco-Paredes C. A Latin American patient with a left ventricular pseudoaneurysm presenting with progressive dyspnea and palpitations. Am J Med 2019; doi: 10.1016/j.amjmed.2019.10.006 198. Canfield GS, Henao-Martinez AF, Franco-Paredes C, Zhelnin K, Wyles D, Gardner EM. Corticosteroids for post-transplant Immune reconstitution syndrome in Cryptococcus gattii Meningoencephalitis: Case report and literature review. Open Forum Infect Dis 2019; 6(11): ofz460. Doi: 10.1093/ofid/ofz460. PMID: 31737740. 199. Kon S, Hawkins K, Franco-Paredes C. Intramedullary Spinal Cord Lesions in an Immunocompromised Host due to Mycobacterium Haemophilum. ID Cases 2019; 200. Franco-Paredes C, Rodriguez-Morales AJ, Henao-Rodriguez AJ, Carrasco P, SantosPreciado JI. Vaccination Strategies to prevent paralytic poliomielitis due to cVDPV2. Lancet Infect Dis 2019; 201. Motoa G, Pate A, Franco-Paredes C, Chastain D, Henao-Martinez Aj, Hojat L. Use of procalcitonin to guide discontinuation of antimicrobial therapy in patients with persistent intraabdominal collections: A case series. Case Rep Infect Dis 2019; 202. Murillo-Garcia D, Galindo J, Pinto N, Motoa G Benamu E, Franco-Paredes C, Chastain D, Henao-Martinez AF. Anaerobic bacteremias in left ventricular assist devices and advanced heart failure. Case Rep Infect Dis 2019; 203. Pate A, Franco-Paredes C, Henao-Martinez A. Cryptococcal meningitis: A comparison of clinical features and outcomes by HIV Status. Open Forum Infect Dis 2019; Oct 6 (Suppl 2): S629-S630. PMC6809090. 204. Franco-Paredes, C, Villamil-Gómez Wilmer E., Schultz, J, Henao-Martínez AF, ParraHenao, G, Rassi Jr. A, Rodriguez-Morales AJ, Suarez JA. A Deadly Feast: Elucidating the
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Burden of Orally Acquired Acute Chagas Disease in Latin America - Public Health and Travel Medicine Importance. Trav Med Infect Dis 2020; 205. Reno E, Quan N, Franco-Paredes C, Chastain DB, Chauhan L, Rodriguez-Morales AJ, Henao-Martinez A. Prevention of Yellow Fever in Travelers: An Update. Lancet Infect Dis 2020; 206. Franco-Paredes C, Griselda Montes de Oca Sanchez, Cassandra White. Global Leprosy Status 2020: Still Losing Touch. Ann Acad Med Singapore 2020; 206. Rodriguez-Morales AJ, Gallego V, Escalera-Antezana JP, Mendez CA, Zambrano LI, Franco-Paredes C, Suarez JA, Rodriguez-Enciso HD, Balbin-Ramon GH, Savio-Larriera E, Risquez A, Cimerman S. COVID-19 in Latin America: The implications of the first confirmed case in Brazil. Travel Med Infect Dis 2020; doi: 10.1016/j.tmaid.2020.101613. 207. Rodríguez-Morales AJ, Cardona-Ospina JA, Gutiérrez-Ocampo E, Villamizar-Peña R, Holguin-Rivera Y, Escalera-Antezana JP, Alvarado-Arnez LE, Bonilla-Aldana DK, FrancoParedes C, Henao-Martinez AF, Paniz-Mondolfi A, Lagos-Grisales GJ, Ramírez-Vallejo E, Suárez JA, Zambrano LI, Villamil-Gómez WE, Balbin-Ramon GJ, Rabaan AA, Harapan H, Dhama K, Nishiura H, Kataoka H, Ahmad T, Sah R, On behalf of the Latin American Network of Coronavirus Disease 2019-COVID-19 Research (LANCOVID-19) (www.lancovid.org). Clinical, Laboratory and Imaging Features of COVID-19: A systematic review and metaanalysis. Travel Med Infect Dis 2020;
BOOK CHAPTERS: Franco-Paredes C, Albrecht H. Anisakiasis (2007). In: Antimicrobial Therapy and Vaccines; Volume I: Microbes (www.antimicrobe.org), Yu VL, et al. (Ed). ESun Technologies, Pittsburgh, PA. 2007. Franco-Paredes C, Albrecht H. Visceral Larva Migrans (2007). In: Antimicrobial Therapy and Vaccines; Volume I: Microbes (www.antimicrobe.org), Yu VL, et al. (Ed). ESun Technologies, Pittsburgh, PA. 2007. Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: Eds: Kozarsky P, Arguin P, Reed C. Yellow Book: Health Information for Travelers 2007-2008, Centers for Disease Control and Prevention, Elsevier Ltd. Franco-Paredes C. The Post-travel Period. In: Eds: Kozarsky P, Arguin P, Reed C. Yellow Book: Health Information for Travelers 2007-2008, Centers for Disease Control and Prevention, Elsevier Ltd. Hidron A, Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: Eds: Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 20092010, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. ISBN: 978-0-7020-34817. Franco-Paredes C. General Approach to the Returned Traveler. In: Eds: Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2009-2010, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. ISBN: 978-0-7020-3481-7. Franco-Paredes C. Asymptomatic Screening of the Returned Traveler. In: Eds: Brunnete GW, Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2009-2010, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. ISBN: 978-0-7020-3481-7.
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Franco-Paredes C, Santos-Preciado JI. Introduction of Antimicrobial Agents in Poor-Resource Countries: Impact on the Emergence of Resistance. In: Antimicrobial Resistance in Developing Countries. Ed. Byarugaba DK, Sosa A. Springer Science & Business Media, 2010. Hidron A, Franco-Paredes C. American Trypanosomiasis. Chagas’Disease. In: Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2011-2012. Centers for Disease Control and Prevention, Elsevier Ltd, 2011. ISBN: 978-0-7020-3481-7. Franco-Paredes C, Hochberg N. General Approach to the Returned Traveler. In: Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2011-2012, Centers for Disease Control and Prevention, Elsevier Ltd, 2011. ISBN: 978-0-7020-3481-7. Franco-Paredes C. Asymptomatic Screening of the Returned Traveler. In: Eds: Kozarksy P, Magill A, Shlim D. Yellow Book: Health Information for Travelers 2011-2012, Centers for Disease Control and Prevention, Elsevier Ltd, 2009. ISBN: 978-0-7020-3481-7. Hochberg N, Franco-Paredes C. Emerging Infections in Mobile Populations. In: Emerging Infections 9. Ed. Scheld WM, Grayson ML, Hughes JM. American Society of Microbiology Press 2010. ISBN. 978-1-55581-525-7. Franco-Paredes C, Chagas Disease (American Trypanosomiasis). In: Farrar J, Hotez P, Junghanss T, Kang G, Lalloo D, White NJ. Manson’s Tropical Medicine 23rd Edition, Elsevier, London, U.K., 2014. Franco-Paredes C, Keystone J. Fever in the Returned Traveler. In: Empiric, Antimicrobial Therapy and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies, Pittsburgh, PA, 2014. Franco-Paredes C. Mycobacterium leprae (Leprosy). In: Antimicrobial Therapy and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies, Pittsburgh, PA, 2015 Franco-Paredes C, Albrecht H. Anisikasis In: Antimicrobial Therapy and Vaccines (www.antimicrobe.org). Yu VL, et al (Ed). ESun Technologies, Pittsburgh, PA, 2015. Franco-Paredes C. Illness and Death in the Universe. In: Narrative Medicine Anthology. Ed: Tom Janisse. The Permanente Press, Oakland, California, Portland Oregon,
2016, pp. 23-25. ISBN: 978-0-9770463-4-8. Villamil-Gomez W, Reyes-Escalante M, Franco-Paredes C. Severe and complicated malaria due to Plasmodium vivax. In: Current Topics in Malaria. Ed: Rodriguez-Morales AJ. ISBN 978953-51-2790-1, Print ISBN 978-953-51-2789-5. InTechOpen 2016. Franco-Paredes C. Mycobacterial Infections of the Central Nervous System. In: The Microbiology of the Central Nervous System Infections. Ed. Kon K, Rai M. Elsevier 2018. ISBN 978-0-12-813806-9 Franco-Paredes C. Leprosy. In: Neglected Tropical Diseases. Drug Discovery and Development. Ed: Swinney D, Pollastri. Wiley-VCH Verlag GmbH & Co. KGaA, 2019. Franco-Paredes C, Henao-Martinez AJ. Legal Perspectives in Travel Medicine. In: Eds: Kozarksy P, Weinberg M. Yellow Book: Health Information for Travelers 2019-2020, Centers for Disease Control and Prevention, Elsevier Ltd, 2011. ISBN: 978-0-7020-3481-7. Franco-Paredes C. Prevención de la transmisión. In: Guerrero MI, Hernández CA y Rodríguez G Editores La lepra: una enfermedad vigente. Centro Dermatológico Federico Lleras Acosta Bogotá DC, Colombia. Panamericana Formas e Impresos. 2019. p. 309-322.
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FORMAL TEACHING Medical Student Teaching 2001 - 2002 Clinical Methods, Emory University School of Medicine

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

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

2005 - 2011 Clinical Methods Preceptor, ECLH

2006 - 2008 Medical Spanish - Instructor for M2, EUSM

2006 - 2007 Directed Study on Social Determinants of Infectious Diseases for M2 students

(Lindsay Margolis and Jean Bendik), EUSM

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

2007 - 2008 Presentation-Case Discussion – Social Determinants of Diseases – Coordinated

by Dr. Bill Eley – Emory School of Medicine New Curriculum.

2018-

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

Students, University of Colorado, Anschutz Medical Center.

2019-

MS-2 Small group discussion Microbiology, University of Colorado, Anschutz

Medical Center: Parasitic Diseases, CNS Infections, Septic Arthritis-Cat Bite

2019-

Class Global Health and Underserved Populations of the New SOM CU

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

2020-

MS-2 Small group discussion Microbiology, University of Colorado, Anschutz

Medical Center: Parasitic Diseases, CNS Infections, Septic Arthritis-Cat Bite

Graduate Program:

Training programs

2006-2011 Professor - GH511 (Global Health 511) International Infectious Diseases

Prevention and Control, Rollins School of Public Health

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

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

Health, Rollins School of Public Health of Emory University

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

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

Global Health Institute of Emory University

Residency and Fellowship Program:

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

Memorial Hospital

2004-2011 Didactic Lectures on Parasitic Diseases and Non-tuberculous mycobacterial

diseases for Internal Medicine Residents and Infectious Disease Fellows

2005-2008 Coordinator Journal Club Infectious Disease Division

2005-2011 Travel Medicine Elective, Internal Medicine Residents (2 internal residents per

month)

2005

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

2006

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

2008

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

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

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Case 5:17-cv-02514-JGB-SHK Document 260-8 Filed 04/12/20 Page 33 of 34 Page ID #:5612

2009

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

of an Ancient Disease”

2009

Grand Rounds – Pulmonary and Critical Care Division – Neglected Tropical

Diseases of the Respiratory Tract, June 16, 2009

2017

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

Division of Infectious Diseases, December 2017

2017

Grand Rounds – Infections associated with Secondary Antiphospholid Syndrome,

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

2018

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

Fellowship Anschutz Medical Center, Division of Infectious Diseases

2017

Infectious Diseases Fellows Clinic, University of Colorado, Anschutz Medical

Center, IDPG.

2019

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

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

Other categories:

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

University

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

Southern University, and Dartmouth):

Lindsay Margolis 2004-Emory University

Michael Woodworth 2005 – Emory University

Peter Manyang 2007 – Southern University

Padraic Chisholm 2007 – Southern University/Emory University

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

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

Modern Reassessment of an Ancient

Disease”. http://www.globalhealth.emory.edu/fundingOpportunities/projectideas.

php. Students: 5 MPH students (RN/MPH, MD/MPH)

2017-

Infectious Diseases Fellowship Program, University of Colorado, Anschutz

Medical Center. Teaching activities, Inpatient and outpatient (ID Fellows Weekly

Clinic)

2019-

Infectious Diseases Fellowship Program Director, University of Colorado, Aurora

Colorado

Supervisory Teaching: Ph.D. students directly supervised: Global Health, Rollins School of Public Health - PhD Task Force Member – 2007-2009 Residency Program: Emory University: Internal Medicine Residents and Infectious Disease Fellows Supervision – Inpatient Months – 3-4 months per year on Grady Wards. I participated in the presentation and discussion of clinical cases, and discussion of peer-reviewed journal with medical students, residents, and fellows. Overall evaluations: Outstanding Teacher. (Anna Von 2005-2006; Seth Cohen 2008, Susana Castrejon 2007; Lindsay Margoles 2007-2008; Jean Bendik 2006-2008; Meredith Holtz 2007-2008) University of Colorado, Anschutz Medical Center (since June 2017- present). Case discussion in infectious diseases during clinical rounds inpatient services (ID Gold, ID Blue, ID Orthopedics).

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Case 5:17-cv-02514-JGB-SHK Document 260-8 Filed 04/12/20 Page 34 of 34 Page ID #:5613
2004-2009 Thesis advisor – MPH Students – Hubert Department of Global Health – Concentration Infectious Diseases: Brenda Thompson 2004; Katrina Hancy 2004; Trina Smith 2006; Melissa Furtado 2007-2008; Oidda Museru 2008-2009; Hema Datwani 2010; Ruth Moro 2010; Talia Quandelacy 2010 2015 – Class GH511, Topic: “Leprosy” as part of the International Infectious Diseases, Global Health Track, Rollins Schoolf of Public Health, Emory University, Atlanta GA 2017 – Class GH511, Topic: “Leprosy” as part of the International Infectious Diseases, Global Health Track, Rollins School of Public Health, Emory University, Atlanta GA 2019 - Project Mentorship – Diffuse lepromatous leprosy. Undergraduate Student, University of Colorado, Boulder. Mikali Ogbasselassie. Project was carried out in Collaboration with the Dermatology Center of the Hospital General de Mexico. Poster presentation by Mikali Ogbasselassie September 22, 2019, UMBC, Baltimore, Maryland.
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EXHIBIT I

Case 5:17-cv-02514-JGB-SHK Document 260-9 Filed 04/12/20 Page 2 of 8 Page ID #:5615
DECLARATION OF C-J-H-S
1. I, C-J-H-S, make this declaration based on my own personal knowledge, and if called as a witness, I could and would testify to the facts described here.
2. I am currently in immigration custody after being arrested by ICE agents on Tuesday March 3, 2020, in the middle of the coronavirus pandemic. I am seeking immediate release.
3. I am 20 years old and I have lived in Southern California since I was about three years old. My parents first brought me to the U.S. in 1999. My mother took me back to Mexico in 2001 and she brought me back again in 2003 when I was about three years old. I don’t really remember anything about living in Mexico and English is my best language.
4. When I was growing up, my dad was very abusive to me, my siblings, and my mom. I learned from my mom that he hit her while she was pregnant with me, so really my dad started abusing me before I was even born. I can’t even remember how many times I blacked out after my father hit me in the head because it happened so much. Social workers came to our house because teachers would see me at school with bruises. Eventually, my dad was arrested for hitting us and then he was deported.
5. After my dad was deported, mom had a hard time taking care of us. We never had a stable place to live. My mom eventually lost custody of me and my four other siblings because the Department of Child and Family Services said that she was not taking care of us. I was really sad to be separated from my brother and sisters and ended up homeless.
6. I had some trouble after I became homeless, and by the time I was 12 I was in the custody of Orange County Juvenile Probation. Orange County Juvenile Probation contacted ICE to let them know that I was not born in the United States, and I was placed in removal proceedings at age 13. In 2016, I was supposed to go to immigration court in Los Angeles, but Orange County Juvenile Probation did not bring me for my court hearing. Because I missed the court, I was ordered removed in absentia on March 9, 2016. I was sixteen years old at the time.
7. My immigration attorney filed a motion to reopen my proceedings and the Immigration Judge granted our motion on March 3, 2017. I only missed court in 2016 because I was not allowed to leave my group home placement. I understand that I have to go to all of my court hearings, and I make sure not to miss any court dates.
8. I have been diagnosed with lower than average cognitive functioning and sometimes it can be confusing for me to understand things like court hearings. I have always had trouble in school, and it is hard for me to listen to explanations for a long time. My

Case 5:17-cv-02514-JGB-SHK Document 260-9 Filed 04/12/20 Page 3 of 8 Page ID #:5616
immigration attorney let the Immigration Judge and ICE know about these challenges and the immigration judge held a Matter of M-A-M competency hearing for me. After speaking with me, the Immigration Judge said that I would have certain safeguards in place to help me understand what was happening in court.
9. My immigration attorney filed an application for Special Immigrant Juvenile Status (“SIJS”) for me on June 8, 2017, when I was 17 years old. Special Immigrant Juvenile Status is a designation for minors who have been abandoned, abused, or neglected by one or both of their parents. A state court judge found that I was abandoned, abused, and neglected by both of my parents. After the state court makes its findings, the next step in the SIJS process is to file an I-360 application with United States Immigration and Customs Services (USCIS). My application for SIJS was approved by USCIS on October 3, 2018, meaning that I was designated a Special Immigrant Juvenile and given a path to permanent residence. My attorney filed my application for Adjustment of Status with the immigration judge on March 2, 2020, but he hasn’t made a decision on my application yet.
10. On my 18th birthday in June of 2017, I was released from my last juvenile placement and I immediately became homeless because I had nowhere to go and no one to stay with. I struggled to find my way and I got into some trouble again. I sustained two convictions during this period: one for contributing to the delinquency of a minor (stemming from an arrest in July 2017), and another for joy riding (stemming from an arrest in September 2017). I completed my sentence in October of 2017.
11. In July of 2019, I made a mistake that has had a significant impact on my life: I carried a firearm and an ID card that belonged to a friend. I was convicted of carrying a concealed unregistered firearm, carrying another person’s ID, and misrepresentation to an officer. On October 7, 2019, I was sentenced to 364 days in county jail and 5 years probation, but I only served about 80 days in jail. I have learned and grown from my mistake. I took this incident as a very serious wake-up call. I know that I am now an adult and I have to be responsible for myself and the direction of my life. While I was serving my sentence at Men’s Central Jail, I signed up for a work readiness program and a GED program. I completed the work readiness program, but my sentence was not long enough to complete the GED program. Still, the GED program motivated me to go back to school.
12. After completing my sentence on January 16, 2020, I enrolled in a high school equivalency program at North Orange County Community College in Anaheim, so that I could work on my high school diploma. I was a full-time student and I also made sure to attend all of my probation appointments. I was hoping to go on to trade school after I graduated. I am interested in studying culinary arts to work as a chef.

Case 5:17-cv-02514-JGB-SHK Document 260-9 Filed 04/12/20 Page 4 of 8 Page ID #:5617
13. On Monday, March 2, 2020, I attended my immigration court hearing at the Los Angeles Immigration Court. My immigration attorney filed documents on my behalf including a form with my new address and my application to become a permanent resident. The judge received the documents and asked us to return to court again on July 13, 2020.
14. On the night of Monday, March 2, 2020, my probation officer came to my home at around 9:00 or 10:00 pm. He told me that he wanted me to report to his office the next day at 9:30am because he was changing the time of my routine visit. I normally reported at 2pm. I thought it was strange that he was coming to my home late at night to change our appointment time but I wanted to make sure I followed all of the officer’s directions so I told him that I would be there in the morning.
15. On Tuesday, March 3, 2020, I went to the appointment with my probation officer at the Anaheim Police Station. My girlfriend drove me to the appointment. As I was exiting her car to enter the office, I noticed four unmarked vehicles with police officers inside parked nearby. Once I saw these vehicles, I realized that they looked familiar; I had noticed an unmarked vehicle with one or two people in it waiting outside of my girlfriend’s house a few times over the course of the previous few days. Then, about three officers got out of the vehicle and approached me. The officers were armed, and they had on bullet proof vests. They looked like police officers and since I was at the police station, I assumed that is who they were.
16. One of the officers approached me and took out handcuffs. He ordered me to put my hands up against the car and he patted me down. He was not wearing any gloves, and he stood very close to me during this pat down. Then, he put handcuffs on me. I was very confused and scared. The officer never asked for my name or told me why I was being arrested. I thought maybe he was mistaking me for someone else, so I told him that I was just going to an appointment with my probation officer. But he would not listen to me. He ordered me to get into a white unmarked vehicle and the other officers returned to their vehicles. We drove away with the other officers following behind us in their vehicles. The officer never wore a mask in the car as we were driving. He never offered me a mask either.
17. I heard the officer talking to someone on the radio about picking up another person as we drove to our next destination. The voice on the radio described the clothes the person would be wearing and said that he was “five minutes out.” When we arrived at our next destination, I recognized it as Orange County Juvenile Hall in Orange, CA. The officer exited the car and the other officers exited their vehicles as well. I saw them arrest a guy leaving Orange County Juvenile Hall. None of the officers used protective wear of any kind during this arrest either.

Case 5:17-cv-02514-JGB-SHK Document 260-9 Filed 04/12/20 Page 5 of 8 Page ID #:5618
18. They took me to the ICE office in Santa Ana. I was confused as to why I was being detained because I had just attended my immigration court hearing the day before and I was scheduled to go back again in July. ICE did not say anything about detaining me when we were in court the day before. Since I completed my sentence at Santa Ana Men’s Jail, I was enrolled in school and attending all of my probation appointments. I was trying my best to turn my life around. I also did not understand why ICE went to look for me instead of sending a notice to my attorney or calling her to ask me to report to their office. They also could have sent me a letter in the mail because they had my current home address.
19. In the Santa Ana ICE office, I had to sit in a small room on a bench with other people who had also been detained by ICE. The room was small, so it was not possible for us to stay 6 feet apart from one another. I talked to the guy who had been arrested outside of Juvenile Hall. He told me that he was leaving an appointment with his Juvenile Probation Officer when ICE detained him. I think there were about 10 of us in the room. The ICE officers came in and out of the room as well, so I think in total about 20 people passed through the room throughout the day. The ICE officers did not take our temperatures or ask us about our health. No one offered us hand sanitizer or soap to wash our hands. The only ICE officers who wore gloves were the ones taking fingerprints from people who had just been arrested. None of the ICE officers wore masks.
20. When it was already dark outside, we started driving to Adelanto. The ICE officers put me in a van with about six other detainees. One officer touched me on the hands, the wrists, ankles, feet and waist to handcuff me and put the chains around my ankles again. The officer was not wearing gloves or a mask. The officer’s body was very close to mine, and at some points we were face to face. It was not possible to maintain six feet of distance in the van because the space was too small. We did not have masks either. The traffic was really bad on the way to Adelanto, so I think we were in the van together for over three hours with the windows closed, breathing in the same air.
21. We arrived at Adelanto at around midnight on March 4, 2020. The ICE officers brought us into a processing room. There were already people in the processing room when we arrived, and another van came at around the same time. I think there were about 30 people in the room waiting to be processed. We sat on benches at a distance of less than six feet from one another. We were not given hand sanitizer, masks, or gloves. A nurse came to evaluate us one at a time. She had a mask and gloves. She was the only person I saw that used a mask during my arrest and processing. She took our temperatures and asked us if we were sick or not.
22. After I completed processing, I was assigned to the 3C dormitory in the West building. I am still housed in this dormitory. I think there are about fifty people in my dorm. The

Case 5:17-cv-02514-JGB-SHK Document 260-9 Filed 04/12/20 Page 6 of 8 Page ID #:5619
dormitory has a day room and shared bathroom area. There are several cells along the wall that have rooms with either four or eight beds. I am in a room with four beds. The beds are bunk beds and the rooms are very small. It is impossible for us to stay six feet apart from one another in the rooms.
23. We have to walk in a line to go outside or go eat in the cafeteria. The guards would make us walk very close to one another in the line. We had to stand just a few inches apart, so close that you can feel the person behind you breathing on you. We never have masks when we stand in these lines.
24. The detainees do all of the cleaning, laundry, and kitchen work in the facility. I am currently working in the kitchen. In the kitchen, we prep and serve the meals for all the other detainees, stock food in the freezer, sweep the floors, and mop. We use hair nets and gloves but no masks. I have not worked on the cleaning crew, but I have seen other detainees doing this work in the detention center. When they clean, they wear gloves but no masks. When we would like our clothes to be washed, we put them in an individual dirty clothes sack. The sack has netting and the detainees who work in the laundry put the sacks together in the washing machines and dryers without ever taking the clothes out. Since we have been hearing more about COVID-19, I have been trying to wash my clothes myself in the sink using a hygiene product we receive that is similar to shampoo, because I don’t think my clothes could be washed enough when they are bunched up together in a bag and never taken out. I’m also concerned about other detainees touching the clothing bag when they take the bag and bring it back to me.
25. Inside our dorm, no one cleans except for us. That is the way it has been since I arrived here about a month ago. We each get a personal hygiene product to use as both soap and shampoo. Since hearing about the COVID-19 outbreak, I have also started using this personal hygiene product to clean the areas in my cell. I wish we had cleaning products to use but since we don’t, the best I can do is to clean with my shower soap/shampoo.
26. There are a lot of areas in the dormitory that we all have to share. It would be impossible for us to wash our hands every time we have to touch a surface that others touch as well because this happens constantly throughout the day. For example, we share bathroom facilities including sinks, toilets, and showers. We share phones and a tablet to make phone calls. We also have a water cooler with a water jug that we all share. We all have to touch these surfaces throughout the day, and we use them immediately after each other. We do not have hand sanitizer in our dormitory, and we do not have access to any cleaning products that are meant to be used on surfaces.
27. On Friday March 27, 2020 at around 3:00pm, another detainee in my dorm became very ill. He collapsed in the shower and needed medical attention. I did not see him myself

Case 5:17-cv-02514-JGB-SHK Document 260-9 Filed 04/12/20 Page 7 of 8 Page ID #:5620
but others who saw him said that he looked like he turned black. None of the GEO guards noticed that he was sick, but once he collapsed several detainees went to get the GEO guards in our dormitory area to ask for help. The man was taken out of our dormitory and he has never returned. Shortly after he was taken out, GEO guards told us that our dormitory, West 3C, was being quarantined. They did not give us any other information or screen us for any possible illnesses.
28. A few hours later, another detainee became very ill. It happened around the time we were going to eat dinner in our dayroom. The man said he was having trouble breathing. He tried to walk across the day room to ask a GEO guard for help, but he could not make it across the room. I saw when he fell to the floor and he looked very sick. It looked like he couldn’t catch his breath. Another detainee got the GEO guard in the dormitory quickly. The guard called the nurse, but she did not come for probably about ten minutes. When the nurse arrived, she was wearing a mask and gloves. The nurse helped the sick detainee into a wheelchair and took him out of the room. He never came back, and we never heard anything about how he is doing.
29. It made me feel upset and scared that no one talked about the two men who got sick and were taken away. The GEO guards wanted us to just go about our day like nothing had happened. GEO guards came to take their belongings out of the dormitory, but they never sanitized their cells or the common areas in our dormitory.
30. Once the quarantine started, the guards began wearing masks when they came into our dormitory. However, once the quarantine was over about a week later the guards stopped wearing masks again.
31. There are other people in my dormitory who are sick now. I hear them coughing. If we want to see the nurse, it usually takes about three days. We have to put in a “kite”, which is a letter to ICE. Then we have to wait for an answer to our kite. I don’t think this is a good system because if someone feels sick, they have to wait for days to see a nurse. During that time, they can make the rest of us sick too.
32. We still have never received any information about why we were in quarantine. We have TV’s in our dormitory, and we watch the news to learn about what is happening in the world. From watching the news, we have learned about the COVID-19 pandemic. The news keeps saying every day that people are dying but there are almost no changes inside our dormitory. The guards sometimes spray the dorm handles but other than that we do not have any extra cleaning procedures in place. The GEO guards and ICE officers have never provided us with any information about COVID-19 or about how to stay safe. Early this week, I heard on the news that several ICE officers have been diagnosed with COVID-19. This scared me a lot. I asked one of the GEO supervisors we call “the white

Case 5:17-cv-02514-JGB-SHK Document 260-9 Filed 04/12/20 Page 8 of 8 Page ID #:5621

Case 5:17-cv-02514-JGB-SHK Document 260-10 Filed 04/12/20 Page 1 of 7 Page ID #:5622
EXHIBIT J

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n0t 78FileFdile0d4/0142//0230/20PaPgeag2eo1f 7of 6Page ID #:5623
1

2

3

4

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6

7

UNI ED STATES DISTRICT COURT

8

WEST RN DISTRICT OF WASHINGTON AT SEATTLE

9 Kar ena DAWSON, et al.,
10 Petitioners-Plaintiffs,
11
v. 12

DECLARATION OF KARLENA DAWSON

13 14

NAfHALIE ASHER, Director of the Seattle FEineflo1C:ircOefmfiecneto, fetUa.lS.,. Immigration nC:i Customs

15

ResponC:ients-DkfenC:iants.

16

I, Karlena Dawson, declare as follows: 17

1.

I submit this declaration in support of Petitioners'-Plaintiffs' motion for a

18

19

i'temporary restraining order. I am over the age of 18, have personal knowledge of the facts set
fort herein, and, if called as a wit ess, I could and would testify competently as set forth below.

20

2.

I was previously de ained at the Northwest ICE Processing Center (NWIPC) in

21

Taclma, Washington, from February 20 19 to March 30, 2020. 22

23
DA 1 SON DECL. JN SUPP. OF PET'R' .-PLS.'
T MO FOR TR0-1

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second A venue, Suite 400 Seattle, WA 98104 Tel. (206) 957-861 1

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n0t 78FileFdile0d4/0142//0230/20PaPgeag3eo2f 7of 6Page ID #:5624

1

3.

I was detained in Pod C-3. While the numbers of detainees in the pod fluctuates,

2 in the last two weeks, I shared a pod with 27 detainees. Our beds were about a foot apart. The

3 Ni!PC staff did not move our be�s further foIIowing the local outbreak of COVID-19. Our beds
i 4 wele never six feet apart. I knew at I was high-risk so I went to the ICE doctor and asked for a

5 letter from her saying that I could move to a bed upstairs where I could maintain further distance

6 frof the other detainees. I could not have received this accommodation by asking the officer; it

7

to come from the medical sta f.

8

4.

The way that the facility is set up, it is impossible to keep a distance of six feet

9

een people. When you go to the medical clinic, for example, you're sitting there on the

10 be1lch with several other people. he same is true when I get medicine. The guards call everyone

11 frof the pod who takes medicine to come line up, say 10-15 people standing in line. The officers

12 stand around with us while we're in the pill line, like 10 of them. They treat it like it's the water

13 coo er, standing around chatting. They didn't ask us to keep six feet between us in line after the

14 virus broke out. The officers weren't doing that either.

15

5.

The same problem with maintaining distance are elsewhere too. When we eat

16 meals, we line up and one officer akes your ID card, one detainee gives you a tray, and another

17 detainee gives you condiments and utensils. We sit at the same table to eat. You're interacting

18 witlji a lot of people at close distance. We are not six feet apart. At recreation time, they didn't

19 tell s to maintain six feet between us and the officers did not practice that either.

20

6.

We did not really gbt much information from GEO or ICE about what precautions

21

J we should be taking. The warden ame to our pod one time and spoke to us. It was on March

22 13t�, a Friday. He said that if an officer is sick they would be sent home. He didn't talk to us

23 about social distancing. When I w ke up the following Sunday, I heard an officer coughing

DAWSON DECL. IN SUPP. OF PET'R'·S.-PLS.' MOT. FOR TRO - 2

NORTHWEST IMMIGRANT RIGHTS PROJECT 6 I 5 Second A venue, Suite 400 Seattle, WA 98104 Tel. (206) 957-861 l

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n0t 78FileFdile0d4/0142//0230/20PaPgeag4eo3f 7of 6Page ID #:5625

1 really bad. I saw her at Sam and hr shift was ending at 7am, meaning she had been there all shift

2 with that cough. When I got my insulin that morning, I told them about her cough and asked

3 them to tell someone that she shouldn't be there.

4

7.

They did not put aJy marks on the ground so we could tell how far six feet apart

5 is. We never received any education about social distancing. Everything I learned about

6 maintaining six feet distance was from watching the news on TV. Some officers told us we

7 should stop watching the news because it was just going to stress us out.

8 9

8.

lI We all use the sam water fountain, including the officers, and I've never seen it

cleaned. All detainees use the san e toilets, the same showers. We sit at the same table when we

10 eat and use the same food trays, w'1 ich are washed by the male detainees. The trays are not

1 1 always well cleaned, something I fad complained about even before the virus broke out. We also
I 12 share a sink and microwaves with he officers as well.

13

9.

To use the sink by he bathroom, you have to press the button on the faucet to

14 make the water come out. It always stops running too fast and you have to press it several times.

15 It does not stay on for a full 20 se onds. The sink and all of its parts are made of metal. Paper

16 towfls often run out so we have to use toilet paper to dry our hands. There is another sink by the

17 microwave, which we and the officers use to wash dishes and wash our hands. That sink is also

18 metal and it has a lever to turn it on.

19

10. The detainees are the ones required to do the cleaning in the facility. The

20 detainees are the ones asked to wipe down surfaces. We have to ask an officer to open the locked

2 1 janitor's closet where the cleaning solution is kept. You can only get it to wipe the table, before

22 and after dinner. The people who were assigned to cleaning duty could request to use the

23

DAWSON DECL. IN SUPP. OF PET'R'S.-PLS.' MOT. FOR TRO - 3

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second A venue, Suite 400 Seattle, WA 98 I 04 Tel. (206) 957-86 I I

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n0t 78FileFdile0d4/0142//0230/20PaPgeag5eo4f 7of 6Page ID #:5626

1 cleaning solution and paper towel to clean the microwaves, tables, and surfaces. This is how it

2 was after the local outbreak of COVID- 19 too.

3

1 1. The officers were not wearing masks for the most part. The officers I saw wearing

4 masks were the ones who went to guard these small cohorts with about two detainees. I heard

5 that the cohorted detainees were sick. Even the officers who work in the quarantined cells do not

6 wear masks. I saw other officers vyith masks clipped to their belts but they were not wearing

7 them. Masks were not provided to detainees. As for gloves, officers did not regularly wear them.

8 They wore them during bunk searches but beyond that, never. The detainees wear gloves if

9 needed for their job duties.

10

12. Recently, on one occasion, I saw an officer become angry because the medical

I
1 1 clinic would not provide him with a mask. This officer had a cold and said he was taking

12 Dayquil, but that it was not helpint I observed this because I was in the pill line and was within

13 in six feet of the officer requestin the mask. The medical clinic refused to give him a mask.

14

13. The guards do not provide us with information about any testing for the virus, but

I

15 I have only heard of 2 people bein tested, one guard and one detained person.

16

14. There are more officers out than usual. They are short staffed. It's very noticeable.

17 The officers talk about it. They are working double shifts. I think it is very careless.

18

15. When detainees need to be hospitalized they are generally brought to St. Joseph's

19 20

I Hospital in Tacoma. Even before the virus broke out, it has always been a problem for detainees
to go to the hospital if they are sick. When I first arrived I was in a lot of pain. I kept telling the

2 1 medical staff that I was in so muc pain, something wasn't right. After a long time of being in so

22 much pain, I finally was able to ge someone to take me seriously. Then I had to spend four days

23 in the hospital because my symptoms were so bad. And I have it better than a lot of people in

DAWSON DECL. IN SUPP. OF PET'R'S.-PLS.' MOT. FOR TRO - 4

NORTHWEST IMMIGRANT RIGHTS PROJECT 61 5 Second A venue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n0t 78FileFdile0d4/0142//0230/20PaPgeag6eo5f 7of 6Page ID #:5627

1 there because I speak English and I am not afraid to advocate for myself. Most people think that 2 the judge will deny their case if they speak out too much, even those with chronic illnesses. 3

4

5

I I, Stacy Kowalski, certify that I faithfully transcribed the foregoing based on statements

6 that Karlena Dawson made to me. I further certify that on April 2, 2020, I read the foregoing to

7 Karlena Dawson and that she affirmed that the foregoing is true and correct under penalty of

8 pe1jury of the laws of the state of Washington and the laws of the United States. I prepared and

9 reviewed this declaration with Karlena Dawson over the phone because of the COVID- 19

10 pandemic.

11

12 13

02kiJLa.A) �: Stacy Kowalski

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DAWSON DECL. IN SUPP. OF PET'R'S.-PLS.' MOT. FOR TRO - 5

NORTHWEST IMMIGRANT RIGHTS PROJECT 61 5 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-861 1

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n0t 78FileFdile0d4/0142//0230/20PaPgeag7eo6f 7of 6Page ID #:5628

1

CERTIFICATE OF SERVICE

2 I hereby certify that on AWil 3, 2020, I electronically filed the foregoing declaration and
3 attached exhibits with the Clerk of the Court using the CM/ECF system. In addition, I have
4 mailed a physical copy of this fili' g via certified mail to the following address:
5

6

DATED this 3rd day of A�ril, 2020.

7

s/ Aaron Korthuis

���

Aaron Korthuis, WSBA #53974

8

Northwest Immigrant Rights Project

6 15 Second Avenue, Suite 400

9

Seattle, WA 98 104

(206) 816-3872

10

aaron@nwirp.org

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NORTHWEST IMMIGRANT RIGHTS PROJECT 61 S Second Avenue, Suite. 400 Seattle, WA 981 04 Tel. (206) 957-861 1

Case 5:17-cv-02514-JGB-SHK Document 260-11 Filed 04/12/20 Page 1 of 7 Page ID #:5629
EXHIBIT K

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n1t 79FileFdile0d4/0142//0230/20PaPgeag2eo1f 7of 6Page ID #:5630

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

9 8

AT SEATTLE

109 Karlena DAWSON, et al.,
1110 Petitioners-Plaintiffs,
1121 v.
1132 NATHALIE ASHER, Director of the Seattle
1143 Field Office of U.S. Immigration and Customs
1154 Enforcement, et al.,

1165

Respondents-Defendants.

DECLARATION OF ALFREDO ESPINOZA ESPARZA

1176 I, Alfredo Espinoza Esparza, declare as follows:
1187 1. I submit this declaration in support of Petitioners’-Plaintiffs’ motion for a
1198 temporary restraining order. I am over the age of 18, have personal knowledge of the facts set
2109 forth herein, and, if called as a witness, I could and would testify competently as set forth below.
2210 2. I was previously detained at the Northwest ICE Processing Center (NWIPC) in
2221 Tacoma, Washington, from November 2019 until March 25, 2020.
2232

23

ESPINOZA ESPARZA DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n1t 79FileFdile0d4/0142//0230/20PaPgeag3eo2f 7of 6Page ID #:5631

1

3. I was detained in Pod A-3. While the numbers of detainees in the pod changes, in

2 the last two weeks, I shared a pod with around 80 detainees. From my bed, there was another

3 person’s bed right next to mine. There was a metal wall between the beds, but it did not run the

4 whole length of the beds, so we were only inches apart. Then the next set of beds were maybe

5 three or four feet away. The NWIPC staff did not move our beds further apart after the news

6 started to report about the virus. It is not possible that the beds were six feet apart.

7

4. The way that the facility is set up, it is impossible to keep a distance of six feet

8 between people. When you go to medical, for sick call, for example, they make a line of people

9 and then the guards told you to sit, right next to the others. Then, once they determine which

10 doctor you are seeing, they take you to a holding room that is quite small, maybe ten feet by four

11 feet, with 10-15 people in that room. You are very close to everyone in that small space. At pill

12 line, they call everyone who takes medicine to come line up, say around 30 people standing in

13 line. When I had to go to pill line, the guards lined up us maybe a foot from each other.

14

5. When we eat, we are close to other people because there are only eight tables and

15 they are all full of people, so you have to sit next to other people. When we eat meals, we line up

16 and one officer takes your ID card. In the line, we are all right next to each other, one behind the

17 other. We are not six feet apart. At recreation time, they didn’t tell us to maintain six feet

18 between us.

19

6. The guards did not give us hand sanitizer, but gave us a spray that we used for

20 cleaning the phones and tablets, and they told us to use on our hands as well. In the bathrooms,

21 there were only three sinks for the 80 of us, so you could not wash your hands for 20 seconds,

22 because there was a long line of people behind you, telling you to hurry up. And, in that line, we

23

ESPINOZA ESPARZA DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n1t 79FileFdile0d4/0142//0230/20PaPgeag4eo3f 7of 6Page ID #:5632

1 were all close together. Nothing of this changed in March, even though on the news they were

2 talking about the virus.

3

7. In February, I don’t remember the exact day, the water from the sinks, the toilets,

4 the showers and the water fountain had come out black and it smelled bad. We asked for

5 drinking water, but the guards told us there was none and we just had to wait. Finally, at about

6 9pm that night, the water finally started to go clear again.

7

8. I did not see the guards in A-3 pod wearing masks. Only one guard in A-3 would

8 wear gloves if he was passing out things, but the others would never wear gloves. No one gave

9 us masks or gloves.

10

9. Early in March—I think on the first Wednesday, March 4—I recall the director of

11 the facility told us he would not put new people into the pod because of the virus and that they

12 would quarantine new people. But, then later that same week, 11 new people arrested in the

13 Kent, Tukwila, maybe Seattle area that same day were brought into our pod, A-3. One or two of

14 these people seemed sick. These 11 people is what brought the pod up to 80 people.

15

10. In fact, two of these new people were taken out of the A-3 pod after March 4 and

16 before the following Wednesday because they were sick. Both said they thought they had

17 coronavirus, but no one ever told us what they had. Both had a fever and a dry cough. I don’t

18 know what happened to them.

19

11. It was then the following Wednesday, I think March 11, when several of us who’d

20 been in the pod longer joined together and spoke with Portillo, a head officer. We asked him why

21 did you bring more people? He said I can’t control ICE that ICE told him what to do. He said he

22 had orders from ICE that all the new people had to be put in pods.

23

ESPINOZA ESPARZA DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n1t 79FileFdile0d4/0142//0230/20PaPgeag5eo4f 7of 6Page ID #:5633

1

12. There was also another man, a Mexican, and another from El Salvador and

2 another from Honduras who felt bad during March, with fever and cough and went to the doctor.

3 But the doctor just gave them Tylenol and ibuprofen and sent them back to the pod that day.

4

13. The detainees are the ones required to do the cleaning in the facility. The

5 detainees are the ones asked to wipe down surfaces in the pod. When I worked as a cleaner in the

6 pod, I worked starting at 11:30 at night, I cleaned the tables, the tablets. There is another cleaner

7 in the morning who does the same. But, sometimes, during the day, the tables would stay dirty

8 until the evening when someone would clean them. This did not change in March.

9

14. In March, I noticed a change and it seemed to me that the officials were working

10 more double shifts because they didn’t have a lot of officials.

11

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ESPINOZA ESPARZA DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n1t 79FileFdile0d4/0142//0230/20PaPgeag6eo5f 7of 6Page ID #:5634

1
CERTIFICATE OF INTERPRETATION AND AFFIRMATION 2
I, Tim Warden-Hertz, certify that I am fluent in Spanish and English and that I am 3
competent to interpret between these languages. I further certify that I have read the foregoing to 4
Alfredo Espinoza Esparza in Spanish via telephone. I further declare that I am competent to 5
render this interpretation and that I would testify to the same under penalty of perjury if I were 6
called upon to do so. 7
I further certify that I faithfully transcribed the foregoing based on statements that 8
Alfredo Espinoza Esparza made to me. I further certify that on April 3, 2020, I read the 9
foregoing to Alfredo Espinoza Esparza and that he affirmed that the foregoing is true and correct 10
under penalty of perjury of the laws of the United States. I prepared and reviewed this 11
declaration with Alfredo Espinoza Esparza over the phone because of the COVID-19 pandemic. 12

13

14

____s/ Tim Warden-Hertz_____________

15

Tim Warden-Hertz

16

Northwest Immigrant Rights Project

1119 Pacific Ave., Suite 1400

17

Tacoma, WA 98122

(206) 957-8652

18

tim@nwirp.org

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20

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ESPINOZA ESPARZA DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite. 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n1t 79FileFdile0d4/0142//0230/20PaPgeag7eo6f 7of 6Page ID #:5635

1

CERTIFICATE OF SERVICE

2 I hereby certify that on April 3, 2020, I electronically filed the foregoing declaration and
3 attached exhibits with the Clerk of the Court using the CM/ECF system. In addition, I have
4 mailed a physical copy of this filing via certified mail to the following address:
5

6

DATED this 3rd day of April, 2020.

7

s/ Aaron Korthuis

Aaron Korthuis, WSBA #53974

8

Northwest Immigrant Rights Project

615 Second Avenue, Suite 400

9

Seattle, WA 98104

(206) 816-3872

10

aaron@nwirp.org

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ESPINOZA ESPARZA DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite. 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:17-cv-02514-JGB-SHK Document 260-12 Filed 04/12/20 Page 1 of 5 Page ID #:5636
EXHIBIT L

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n2t 80FileFdile0d4/0142//0230/20PaPgeag2eo1f 5of 4Page ID #:5637

1

DECLARATION OF FLAVIO

LOPEZ GONZALEZ

2

I, Flavio Lopez Gonzalez, hereby declare:

3 1. My name is Flavio Lopez Gonzalez and I am 26 years old. I am currently detained at the

4

Northwest Detention Center.

5 2. I am currently involved in a hunger strike at the Northwest Detention Center to protest the handling of the COVID-19 crisis.

6 3. I have had asthma for much of my life, and I currently have bronchitis. To deal with the

7

bronchitis, I am currently taking Tylenol, a mucus decongestant, and I also use an inhaler.

8

4. The situation at the detention center is not safe for people like me who are at serious risk if COVID-19 outbreaks at the detention center. We are not able to engage in social

9

distancing in all kinds of activities. This includes lining up for food, or when we have to do “count,” when they make all of us wait in our bunks while we are counted.

10 5. The same problems with bunching people occur when we go to court. The guards place at

least 20 of us together in a holding room. Then they bring us out to court, where they

11

only let 5 detainees in at a time. The guards tell the judge, who appears telephonically,

that there are only five people in the room, but out in the hall, we are bunched together

12

sitting next to one another. We also mix with people from other pods when we are taken

to immigration court. 13

6. During meals, we are also close to one another; it is not possible to sit 6 feet away from

14

the other detainees; in fact, we sit right next to one another with our trays touching so that

we can fit and eat. People, including the guards, also often bunch together around the sink

15

and microwave in groups of 6-8 people. The tables are cleaned by the detainees after each

meal. 16

7. Our bunks in the detention center are very close to one another. I would estimate that

17

they are spaced about 5 feet apart from one another, and that with the bunk beds, the bed

on top is around 3-4 feet above the lower bed.

18

8. The beds in my pod in the detention are grouped into sections of 8-12 people. People in

19

these sections cannot distance from one another because of how close the beds are to one

another.

20 9. There are around 70 people in my pod in the detention center. We all live in the same

21

space together like a dorm. I would estimate that 90% of the bunks in my pod are

occupied.

22 10. There is soap in the detention center to wash the dishes and by the sink to wash our

23

hands. We have to buy soap for showers. The soap for dishwashing often leaves grease

on the dishes and trays and is not very effective. To run the sink for handwashing, you

have to push a button. The water runs for about 5-10 seconds when you push it.

LOPEZ GONZALEZ DECL.

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n2t 80FileFdile0d4/0142//0230/20PaPgeag3eo2f 5of 4Page ID #:5638

1 11. To dry our hands, we often have to use toilet paper rolls. Up until two days ago, everyone

just used and touched the same rolls. Two days ago, they installed a roller that we can

2

grab to pull off the toilet paper to dry our hands. When the paper runs out, we have to go

ask the guard for more to dry our hands.

3 12. The phones that we use are cleaned every few days by other detainees. The frequency of

4

this cleaning has not changed since the pandemic began. The exercise equipment in our

pod is also cleaned 1-2 times a week, and this also has not changed since the pandemic

5

began. There also have not been changes in our recreation time. People still have physical

contact playing basketball and soccer, and people are also close to one another when they

6

play card games at the tables in the pod.

7 13. I have not seen the guards wearing masks, except that I once saw once guard wearing a mask when that guard was working with a quarantined cohort.

8 14. Not long after my arrival at the detention center, my pod was placed into quarantine.

9

Prior to our quarantine, the guards first transferred back into our pod other people that had recently transferred to other pods. None of us, including the guards, wore a mask

10

while we were in quarantine.

11

15. While in quarantine, I was unable to receive medical attention. I was feeling sick, feverish, fatigued and had congestion in my chest and diarrhea. I complained and

12

requested medical attention because of the issues that I was experiencing, but I was not taken to see a doctor.

13 16. Our quarantine was lifted around 7-10 days ago. After that, I was able to visit the medical

clinic, where I was told that I have bronchitis. My visit to the medical center is when I

14

was prescribed the Tylenol, the inhaler, and mucus decongestant. I was given a test for

influenza, but that came back negative. 15

17. Because of the chest issues that I was experiencing, I requested a test for COVID-19. The

16

doctor I first talked to said I could receive a test. But then that doctor’s supervisor

overruled the doctor and said that I did not meet the qualifications for a test. I do not

17

know what qualifications the doctor was referring to.

18 18. I have observed some detained that have COVID-19-like symptoms, like lots of

coughing. For example, there is one who clearly sleeps near me who coughs a lot.

19

19. I have not heard of anyone receiving a COVID-19 test during my time here. I do know

20

that they have placed some pods under quarantine, like they did with my pod for a time.

21 20. I am very concerned for my health here. I know I am at high risk because of my asthma and current bronchitis situation. That is why I am involved in a hunger strike, in order to

22

protest our treatment so that the detention center releases us and we can go be with our

families to support them during this difficult time.

23 21. I have been threatened with segregation and an increase in security level if I continue the hunger strike.

LOPEZ GONZALEZ DECL.

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n2t 80FileFdile0d4/0142//0230/20PaPgeag4eo3f 5of 4Page ID #:5639

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n2t 80FileFdile0d4/0142//0230/20PaPgeag5eo4f 5of 4Page ID #:5640

1

CERTIFICATE OF SERVICE

2

I hereby certify that on April 3, 2020, I electronically filed the foregoing declaration

3 with the Clerk of the Court using the CM/ECF system, which will send notification of such

4 filing to those attorneys of record registered on the CM/ECF system.

5

DATED this 3rd day of April, 2020.

6

s/ Aaron Korthuis

Aaron Korthuis, WSBA #53974

7

Northwest Immigrant Rights Project

615 Second Avenue, Suite 400

8

Seattle, WA 98104

(206) 816-3872

9

aaron@nwirp.org

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LOPEZ GONZALEZ DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:17-cv-02514-JGB-SHK Document 260-13 Filed 04/12/20 Page 1 of 5 Page ID #:5641
EXHIBIT M

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n3t 81FileFdile0d4/0142//0230/20PaPgeag2eo1f 5of 4Page ID #:5642

1

DECLARATION OF NORMA LOPEZ NUÑEZ

2 I, Norma Lopez Nuñez, hereby declare:

3 1. My name is Norma Lopez Nuñez. In the past, I have also gone by my married name, Norma Cecilia Zanabria. I was born in Mexico, and am 65 years old.

4 2. I submit this declaration in support of the multi-person petition for a writ of habeas

5

corpus in federal court and complaint for injunctive relief based on the risks that I face

because of COVID-19.

6

3. I have been detained in the custody of the Department of Homeland Security since 2015.

7

I have been at the Northwest Detention Center (also called the Northwest ICE Processing Center) for about three years.

8 4. I was assigned to pod D1 at the detention center. Recently, the officials moved everyone

9

in our pod to a unit occupied by individuals in pod B1, combining our numbers to make a pod of about 67 detainees total, with the addition of at least one officer who is always

10

present in the unit.

5. There are two levels in the unit where our pods spend most of our time. By my estimate,

11

the lower level of the unit is about 45 by 30 or 38 feet, and 45 people are housed down

there. The upper level is about 30 by 15 feet, and I think about 22 people are housed up

12

there. There are three bathrooms on the lower level and three bathrooms on the upper

level – six toilets total, for 67 people to share. The rooms in the unit are not well-

13

ventilated.

14 6. The beds downstairs are out in open air; individuals do not have their own rooms.

Upstairs I think there are about 30 beds, and 22 of those are occupied. In the small room

15

where I stay, 6 other individuals sleep there as well. The beds are close together, and we

basically sleep head-to-head. I believe some rooms have up to 12 people in them. 16

7. On the lower level of the unit, there are only 13 tables where all 67 detainees must eat

17

together, and the seats are close together. I do not know if the tables are properly

sanitized after we use them, and I worry with so many people touching those surfaces that

18

the tables may be very dirty. The area with the microwaves is constantly crowded,

sometimes with 20 people waiting in line in a small area to microwave their food.

19

8. We are most crowded when we wait in line for the bathrooms. The officers make us line

20

up for the bathrooms, and we must stand close together to fit in the space when there are

many people in line, as there frequently are. One of the sinks upstairs is currently out of

21

soap.

22 9. Though there are three showers on my floor, we all line up for the handicapaccommodating shower, because it is the only one with consistent hot water. We buy

23

soap for the shower at the commissary, but some people do not have commissary funds to

buy soap.

DECL. OF NORMA LOPEZ NUÑEZ - 1 Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n3t 81FileFdile0d4/0142//0230/20PaPgeag3eo2f 5of 4Page ID #:5643

1 10. There are a few tablets in our unit, and there are always people in line to use the tablets. I

worry that the tablets are not sufficiently sanitized between uses and that they are dirty as

2

well.

3 11. In the open space where I am right now as I dictate this declaration, there are eight people behind me in very close proximity, waiting for the phone I am currently using because

4

the other phone is not working. There are three tables full of other individuals in this

room, as well.

5 12. There is only one area where we may go outside, and this area also gets very crowded.

6

13. The officers in my unit are in their 60s. None of them wear masks or gloves. Today for

7

the first time I saw an officer in the detention center wearing a mask, when I went to visit the doctor in the clinic. Other than this, I have not seen officers wearing masks here.

8 14. The officers have not given us any specific instructions regarding handwashing or

9

maintaining six feet of distance between ourselves. Even if they did, it would be impossible to maintain six feet of distance, because we are constantly in line for

10

bathrooms, phones, and tablets, and there are many of us in a confined space. The officers just tell us to stay in line.

11 15. I have had respiratory and throat issues in the past, and I have also had issues with my

heart. My head frequently hurts here, and I feel pressure behind my eyes. I’ve had a

12

diminished appetite lately, and I’ve had suicidal ideations in the past. I don’t want to

receive medical treatment for any of these issues, however, because they will put me in

13

medical isolation, and then I won’t be able to talk to anyone. I am afraid medical isolation

would exacerbate my mental health issues. 14

15

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DECL. OF NORMA LOPEZ NUÑEZ - 2 Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n3t 81FileFdile0d4/0142//0230/20PaPgeag4eo3f 5of 4Page ID #:5644

1

CERTIFICATE OF INTERPRETATION AND AFFIRMATION

2

I, Sydney Maltese, ce1iify that I faithfully transcribed the foregoing based on statements

that Nonna Lopez Nunez made to me. I further certify that on April 2, 2020, I read the foregoing

3 to Norma Lopez Nunez in the Spanish language and that she affirmed that the foregoing is true and c01Tect under penalty of pe1jury of the laws of the United States. I further certify that I am

4 fluent in Spanish and English, am competent to interpret between these languages, and that I would testify to the same under penalty of perjury if I were called upon to do so. I prepared and reviewed

5 this declaration with Norma Lopez Nunez over the phone because of the COVID-19 pandemic.

6

7

tese

Immigrant Rights Project

8

615 Second Ave Ste. 400

Seattle, WA 98104

9

(206) 816-3866

sydney@nwirp.org

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DECL. OF NORMA LOPEZ NUNEZ - 3 Case No. 2:20-cv-409

NORTH W EST IMMIGRANT RIGHTS PROJECT 615 Second Avenu e. Suite400 Seattle, W A 98 104 Tel. (206} 957-86 11

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n3t 81FileFdile0d4/0142//0230/20PaPgeag5eo4f 5of 4Page ID #:5645

1

CERTIFICATE OF SERVICE

2

I hereby certify that on April 3, 2020, I electronically filed the foregoing declaration

3 with the Clerk of the Court using the CM/ECF system, which will send notification of such

4 filing to those attorneys of record registered on the CM/ECF system.

5

DATED this 3rd day of April, 2020.

6

s/ Aaron Korthuis

Aaron Korthuis, WSBA #53974

7

Northwest Immigrant Rights Project

615 Second Avenue, Suite 400

8

Seattle, WA 98104

(206) 816-3872

9

aaron@nwirp.org

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DECL. OF NORMA LOPEZ NUÑEZ - 4 Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:17-cv-02514-JGB-SHK Document 260-14 Filed 04/12/20 Page 1 of 4 Page ID #:5646
EXHIBIT N

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1

DECLARATION OF LEONIDAS

PLUTIN HERNANDEZ

2 I, Leónides Plutin Hernandez, hereby declare:

3 1. My name is Leónides Plutin Hernandez. I am from Cuba and am 59 years old.

4 2. I submit this declaration in support of a multi-plaintiff petition for a writ of habeas corpus

5

in federal court based on the risks that I and others face because of COVID-19. I was a

plaintiff in this lawsuit, but I was released on March 25, 2020.

6 3. I was detained at the Northwest Detention Center for about one month after spending

7

several other months in other detention centers.

8

4. During my time at the Northwest Detention Center, I was housed in an open area for about two weeks and in a room with a cellmate for around two weeks. I would estimate

9

that around 50 people were housed in the open area, and 50 people in the 2-person rooms. The 2-person rooms were located around the perimeter of the open area, so in total, I

10

estimate about 100 people were housed in the same space.

5. I was in the open area for the first two weeks. I estimate that the beds in the open area are

11

located about one meter apart from another. During the last two weeks, I was in a room

that I shared with another individual. In that room, there were bunk beds. The beds in the

12

bunk bed were around a meter or less from one another, which I know because I

sometimes hit my head on the bed above me. 13

6. It was not possible to maintain a distance of two meters from other people during my

14

time in the detention center. We slept near one another and there were lots of people in an

indoor space. In addition, when we had meals, there was not space to maintain that

15

distance from other people. The tables are spaced in a way that does not permit you to sit

two meters apart from other people. 16

7. I did not see anyone clean the tables in the eating area between uses by individual people.

17

Instead, the tables were only cleaned after everyone had their meal. There were

microwaves too, but they were not cleaned between each use.

18

8. Cleanliness in the detention center depended upon individual detainees. It was a

19

collective space, and many people do not clean up after themselves.

20 9. It was not always easy to get soap to bath myself during the month that I was detained at the Northwest Detention Center. On one occasion during March, I went three days

21

without soap because the only way to get soap to bath myself and wash my hands was to

buy the soap at the detention center store.

22 10. As far as I can recall, the availability of soap did not change during my time in detention

23

in the Northwest Detention Center, except that on my last day at the detention center I

recall that someone placed a soap dispenser by the side of the microwave for

SECOND PLUTIN HERNANDEZ DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n4t 82FileFdile0d4/0142//0230/20PaPgeag3eo2f 4of 3Page ID #:5648

1

handwashing. There was also some soap in the bathroom that was to be used for washing

one’s underwear.

2 11. When I went to the bathroom, I had to ask for paper towels to use in the bathroom. They

3

were not available without asking for them from the guard.

4 12. I also do not remember receiving instructions from the guards or the detention center warden about how to protect against the coronavirus. Instead, I learned about the virus

5

and what to do to protect against it through the TV in the detention center.

6

13. I did not observe changes at the detention center during the month that I was detained there to deal with the health concerns of COVID-19. For example, I don’t remember

7

seeing the guards wearing masks or gloves.

8

14. The detention center washed our towels and clothes once a week. This schedule did not change because of the COVID-19 outbreak.

9 15. There are 7 public telephones that the estimated 100 people in the area I was detained had

to use. This was a tremendous risk to my health, because the phones are not cleaned in

10

between each use.

11 16. There was also only one piece of exercise equipment in our area, and it also was not

cleaned between uses by different people. 12

17. I heard of one person in another pod at the detention center that receive a COVID-19 test

13

during my time there. I am not aware of any of the people in the area that I was living in

being tested.

14

CERTIFICATE OF INTERPRETATION AND AFFIRMATION

15

I, Aaron Korthuis, certify that I am fluent in Spanish and English and that I am competent

16 to interpret between these languages. I further certify that I have read the foregoing to Leónides

Plutin Hernandez in Spanish. I further declare that I am competent to render this interpretation

17 and that I would testify to the same under penalty of perjury if I were called upon to do so.

18

I further certify that on April 2, 2020, I read the foregoing to Leónides Plutin Hernandez

and that he affirmed that the foregoing is true and correct under penalty of perjury of the laws of

19 the United States. I prepared and reviewed this declaration with Leónides Plutin Hernandez over

the phone because Mr. Plutin Hernandez did not have access to a printer in light of the COVID-19

20 pandemic.

21

s/ Aaron Korthuis

Aaron Korthuis

22

Northwest Immigrant Rights Project

615 Second Ave Ste. 400

23

Seattle, WA 98104

(206) 816-3872

aaron@nwirp.org

SECOND PLUTIN HERNANDEZ DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n4t 82FileFdile0d4/0142//0230/20PaPgeag4eo3f 4of 3Page ID #:5649

1

CERTIFICATE OF SERVICE

2

I hereby certify that on April 3, 2020, I electronically filed the foregoing declaration

3 with the Clerk of the Court using the CM/ECF system, which will send notification of such

4 filing to those attorneys of record registered on the CM/ECF system.

5

DATED this 3rd day of April, 2020.

6

s/ Aaron Korthuis

Aaron Korthuis, WSBA #53974

7

Northwest Immigrant Rights Project

615 Second Avenue, Suite 400

8

Seattle, WA 98104

(206) 816-3872

9

aaron@nwirp.org

10

11

12

13

14

15

16

17

18

19

20

21

22

23

SECOND PLUTIN HERNANDEZ DECL. Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:17-cv-02514-JGB-SHK Document 260-15 Filed 04/12/20 Page 1 of 5 Page ID #:5650
EXHIBIT O

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n5t 83FileFdile0d4/0142//0230/20PaPgeag2eo1f 5of 4Page ID #:5651
DECLARATION OF ANDREW W. AUGUSTINE
Pursuant to 28 U.S.C. § 1746, I hereby declare as follows: 1. My name is Andrew Augustine. I am a licensed attorney (MN Bar #0400425) working in the
state of Washington. I am currently employed as a associate attorney by the firm Immigrant Advocacy and Litigation Center, PLLC in Kent, Washington where I practice exclusively in immigration law. 2. On Tuesday March 31st, 2020, I was scheduled to appear for a court hearing at the Northwest ICE Processing Center (“NWIPC,” for formally known as the Northwest Detention Center) in Tacoma, Washington. 3. When I entered the facility, I noticed four officers sitting in and around the front desk. Of the four officers, only one officer was wearing gloves and a mask. The other three officers were not wearing any personal protective equipment (PPE). The officer wearing the PPE took down my credentials and gave me a questionnaire to fill out. Another officer approached me and took my temperature with a laser temperature collection device. I was not required to wear a mask, or gloves to enter the court room, nor was I offered any PPE. 4. Before entering the courtroom, I noticed many detention center officers come and go from the facility. I noticed that some officers were not screened by the front desk officers when they entered the facility. They were allowed to enter without their temperature being taken. 5. I was then escorted by a detention center officer to the video teleconference (VTC) courtroom waiting area. The both the government’s attorney and the immigration judge were each in respective separate rooms, and I was in the VTC courtroom with other detainees. The waiting area in the VTC is best described as a small, narrow, hallway-like area with some chairs and two doors that lead to two different VTC courtrooms. There
1

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n5t 83FileFdile0d4/0142//0230/20PaPgeag3eo2f 5of 4Page ID #:5652
were approximately seven or eight detainees, including my client, sitting either side-byside or a few chairs away from each other, along with at least two detention center officers. Other attorneys were coming in and out of the VTC courtrooms and hallway to be present with their detained clients. Attorneys were able to confer with their clients face-to-face and right next to each other. No one in the hallway wore masks. The only persons wearing PPE were the detention center guards—they wore gloves. 6. The VTC courtroom itself is a room that is approximately 20 by 10 feet. Once inside the courtroom, I was asked to sit next to my client. Inside the courtroom, there were approximately five to six additional detainees. All detainees in the courtroom were closer than six feet from another person. No detainee was wearing any PPE. 7. Counsel table, where attorneys and detainees sit, did not have hand sanitizer. As each detainee was called up for their hearing, they sat at counsel table. When one hearing was adjourned, the next detainee, and counsel if present, were brought to the counsel table for their hearing. The counsel table or area was not wiped between hearings. 8. Two days later, on April 2, 2020, I was at the NWIPC again and in the VTC courtrooms. 9. When required to fill out a questionnaire and my temperature was taken. I was then cleared to enter the VTC hearing. 10. Before entering the courtroom, I then asked the front desk officers for PPE, and stated that I was under the impression that PPE would be provided to attorneys when entering the facility. One of the officers responded, “I didn’t hear anything like that, no one told us” and added that “things change all the time.” Eventually, I was offered gloves and a mask. At that point, two other attorneys who were already sitting in the main waiting area, and
2

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n5t 83FileFdile0d4/0142//0230/20PaPgeag4eo3f 5of 4Page ID #:5653
not offered or wearing any PPE, requested gloves. There were other attorneys in the main waiting area not wearing PPE, and not required to do so. 11. I was then escorted by a guard to the VTC courtroom area. There were attorneys going in and out of the VTC courtroom area, some were not wearing any PPE. No detainee was wearing any PPE. In the VTC courtroom hallway, detainees were sitting next to each other. Inside the courtroom, counsel table did not have hand sanitizer. Detainees who had just finished talking to their attorneys face-to-face were sitting directly next to other detainees. I, Andrew W. Augustine, declare under penalty of perjury, under the law of the United States, that the foregoing statements are true and correct to the best of my knowledge and belief. Executed on: April 2nd, 2020
Andrew W. Augustine
3

Case 5:C1a7s-cev2-0:205-1c4v--J0G04B0-S9H-JKLR-DMoAcTumDenotc2u6m0e-1n5t 83FileFdile0d4/0142//0230/20PaPgeag5eo4f 5of 4Page ID #:5654

1

CERTIFICATE OF SERVICE

2 I hereby certify that on April 3, 2020, I electronically filed the foregoing declaration
3 with the Clerk of the Court using the CM/ECF system, which will send notification of such
4 filing to those attorneys of record registered on the CM/ECF system.
5

6

DATED this 3rd day of April, 2020.

7

s/ Aaron Korthuis

Aaron Korthuis, WSBA #53974

8

Northwest Immigrant Rights Project

615 Second Avenue, Suite 400

9

Seattle, WA 98104

(206) 816-3872

10

aaron@nwirp.org

11

12

13

14

15

16

17

18

19

20

21

22

23

Case No. 2:20-cv-409

NORTHWEST IMMIGRANT RIGHTS PROJECT 615 Second Avenue, Suite 400 Seattle, WA 98104 Tel. (206) 957-8611

Case 5:17-cv-02514-JGB-SHK Document 260-16 Filed 04/12/20 Page 1 of 4 Page ID #:5655
EXHIBIT P

Case 5:17-cv-02514-JGB-SHK Document 260-16 Filed 04/12/20 Page 2 of 4 Page ID #:5656
DECLARATION OF A. A. L.
I, A.A.L., declare as follows:
1. I have been detained at the GEO Detention Facility in Aurora, Colorado since January 6, 2020.
2. I am afraid of retribution for speaking out about what is happening at the detention center, but I am even more afraid of catching coronavirus, so I want to share information about the conditions in Aurora.
3. No one cleans in the dorms or common areas except us, the detainees. I personally clean as often as I am allowed because I really want to make sure I am as safe as possible since no other cleaning is provided.
4. We are only allowed to clean common areas with disinfectant once per day and it is otherwise locked away and we cannot access the cleaning materials.
5. There is no disinfectant available for cleaning my cell and there has not been a cleaning at all of the cells at the GEO facility during my time there.
6. There have been no town halls or educational meetings in my dorm. No medical professional has ever answered my questions about COVID-19.

Case 5:17-cv-02514-JGB-SHK Document 260-16 Filed 04/12/20 Page 3 of 4 Page ID #:5657
7. Our dorm is separated during time outside. Half of the population goes out at a time. Equipment is not sanitized or cleaned between the outside shifts.
8. The majority of GEO staff I encounter on a daily basis do not wear personal protective equipment (PPE) which puts me at additional risk of exposure.
9. My cellmate has a headache, runny nose, and is sneezing but he was only given Tylenol and saline and returned to the cell with me.
10. I have also had a sore throat and headache for days. When I went to medical, I was given aspirin but was not tested for anything else.
11. Approximately two weeks ago, the dorm ran out of the limited gloves we have for cleaning. Additional gloves were provided to the dorm but the guard on duty refused to allow us access to the gloves. We couldn’t get more gloves until the shift changed and a new guard came into the dorm.
12. I am very concerned about catching coronavirus in this detention center and what will happen if I do get sick given the limited medical care provided.

Case 5:17-cv-02514-JGB-SHK Document 260-16 Filed 04/12/20 Page 4 of 4 Page ID #:5658
13. As I am detained at the Aurora GEO detention center and cannot meet with my attorney in person, I have given my attorney, Christina A. Brown, permission to sign this declaration on my behalf via telephone.
Respectfully submitted this 10th day of April 2020.
_______________________________ Christina A. Brown on behalf of A.A.L.

Case 5:17-cv-02514-JGB-SHK Document 260-17 Filed 04/12/20 Page 1 of 3 Page ID #:5659
EXHIBIT Q

Case 5:17-cv-02514-JGB-SHK Document 260-17 Filed 04/12/20 Page 2 of 3 Page ID #:5660
DECLARATION OF B.R.M.
I, B.R.M., declare as follows:
1. I have been detained at the GEO Detention Facility in Aurora, Colorado since March 6, 2020.
2. The coronavirus concerns really escalated immediately after I was detained and moved to the Aurora Colorado GEO detention facility.
3. Conditions at the Aurora detention facility are very unsanitary, and I am very concerned that these conditions increase my risk of contracting coronavirus.
4. There have been no town hall meetings or talks with medical professionals. Client reports one doctor came into the dorm on one occasion and announced no detainees have been diagnosed with coronavirus and left.
5. While there are only two people in my cell, there is no way to remain six feet apart per social distancing guidelines in the space we have. We are therefore forced to violate these guidelines meant to protect us.
6. There is no immediate access to disinfectant. We can only clean common areas once per day and there is only one bottle of disinfectant available for the entire dorm.

Case 5:17-cv-02514-JGB-SHK Document 260-17 Filed 04/12/20 Page 3 of 3 Page ID #:5661
7. There is one hand sanitizer unit available in my dorm, by the phone area. A video about hand washing plays in the phone area as well. We can only access that area when receiving or making calls.
8. Half of the dorm population goes outside at a time and there is no cleaning or sanitizing between population shifts.
9. The majority of guards do not use PPE in the facility putting us at further risk of contracting coronavirus.
10. I asked for a mask from a nurse at the detention facility and was told that the nurses don’t even have enough masks, so they certainly don’t have enough masks to give to the detainees.
11. I am confined to my small cell with my cellmate for 23 hours per day. We get one hour outside of our cell.
12. As I am detained at the Aurora GEO detention center and cannot meet with my attorney in person, I have given my attorney, Christina A. Brown, permission to sign this declaration on my behalf via telephone.
Respectfully submitted this 10th day of April 2020.
_____________________________ Christina A. Brown on behalf of B.R.M.

Case 5:17-cv-02514-JGB-SHK Document 260-18 Filed 04/12/20 Page 1 of 3 Page ID #:5662
EXHIBIT R

Case 5:17-cv-02514-JGB-SHK Document 260-18 Filed 04/12/20 Page 2 of 3 Page ID #:5663
DECLARATION OF D.H.M.
I, D.H.M., declare as follows:
1. I have been detained at the GEO Detention Facility in Aurora, Colorado since January 16, 2020.
2. I am afraid of contracting coronavirus at the detention facility and not being able to see my family again.
3. I am locked down in my cell with my cellmate for all but one hour per day. We spend 23 hours in a very small. Space together. It is impossible to be six feet apart from each other in this cell because of the space provided.
4. I only have access to hand washing stations when I eats meals or when I use the bathroom.
5. Most of the staff here do not wear PPE. Almost no one wears masks. 6. Someone came to the dorm one time to answer questions about COVID-19. It was a very
brief event, and it has not happened again. 7. I would be embarrassed if my own home was as dirty as my cell here but we are not
given supplies to clean our cells. This is where we spend almost all of our time.

Case 5:17-cv-02514-JGB-SHK Document 260-18 Filed 04/12/20 Page 3 of 3 Page ID #:5664
8. My cellmate and I have body aches and pains and he is coughing but have not been tested for COVID-19. I am very concerned now that I may have the virus.
9. We are not being given gloves in my dorms, even the detainees who are cleaning, because guards say we are using the gloves too quickly.
10. I was in a different dorm, but I was moved to a dorm with sick people. My new dorm was extremely dirty when I arrived and had not been cleaned at all. We had to clean the dorm while sick with very little disinfectant spray.
11. The little disinfectant available to us to clean common areas was not provided until approximately March 26, 2020.
12. As I am detained at the Aurora GEO detention center and cannot meet with my attorney in person, I have given my attorney, Christina A. Brown, permission to sign this declaration on my behalf via telephone.
Respectfully submitted this 10th day of April 2020.
_____________________________ Christina A. Brown on behalf of D.H.M.

Case 5:17-cv-02514-JGB-SHK Document 260-19 Filed 04/12/20 Page 1 of 3 Page ID #:5665
EXHIBIT S

Case 5:17-cv-02514-JGB-SHK Document 260-19 Filed 04/12/20 Page 2 of 3 Page ID #:5666
DECLARATION OF CHRISTINA A. BROWN
I, Christina A. Brown, declare as follows:
1. I am a resident of the State of Colorado. I am over the age of 18 and have personal knowledge of all the facts stated herein. If called as a witness, I could and would testify competently to the matters set forth below.
2. I am an attorney in private practice in Denver, Colorado.
3. I practice before two immigration courts located in the state of Colorado. The nondetained immigration court is located at 1961 Stout Street, Suite 300, Denver, CO 80294. The detained court is located at 3130 N Oakland Street, Aurora, CO 80010.
4. I currently have three clients detained at the Aurora Detention Center in Aurora, Colorado. I will refer to them throughout this declaration as “A.A.L,” “B.R.M.,” and “D.H.M.” to protect their identities from public disclosure and to protect them from retaliation for sharing the reality of what is happening inside the detention facility.
5. A.A.L. has been detained since January 6, 2020. B.R.M. has been detained since March 6, 2020. D.H.M. has been detained since January 16, 2020.
6. All three clients are imprisoned in different dormitories (dorms) in the GEO detention facility in Aurora, Colorado.
7. I represent all three of these detained individuals in their immigration proceedings. Immigrations and Customs Enforcement (ICE) has my entry of appearance for each individual. I

Case 5:17-cv-02514-JGB-SHK Document 260-19 Filed 04/12/20 Page 3 of 3 Page ID #:5667
have also entered my appearance before the Executive Office of Immigration Review for A.A.L. and D.H.M. I have an entry of appearance before the Tenth Circuit Court of Appeals for B.R.M.
8. Each of my clients has asked me to write a declaration on their behalf about conditions at the GEO detention facility in Aurora, Colorado using their initials because of their fear of contracting coronavirus.
9. Each of my clients has given me permission to sign the declarations on their behalf as we cannot have contact visitation at this time at the facility.
10. Each of my clients requested to use initials because of fear of harm due to public disclosure of their identities and due to fear of retaliation within the detention facility for speaking out.
11. Each of my clients would be willing to disclose their true identities upon an agreement with GEO to seal their declarations.
Submitted this 10th day of April 2020.

By:

_________________________

Christina A. Brown

Case 5:17-cv-02514-JGB-SHK Document 260-20 Filed 04/12/20 Page 1 of 5 Page ID #:5668
EXHIBIT T

Case 5:17-cv-02514-JGB-SHK Document 260-20 Filed 04/12/20 Page 2 of 5 Page ID #:5669

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
THE GEO GROUP, INC.,
Defendant.

Case No.: 5:17-cv-02514-JGB-SHK
Assigned to Hon. Jesus G. Bernal
DECLARATION OF FRANCIS L. CONLIN IN SUPPORT OF PLAINTIFFS’ REPLY TO DEFENDANT’S OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

DECLARATION OF FRANCIS L. CONLIN I, Francis L. Conlin, hereby declare under the penalty of perjury pursuant to 28 U.S.C. § 1746 that the following is true and correct: 1. My name is Francis L. Conlin. I am the Chairperson for Friends of Miami-Dade Detainees (FOMDD). FOMMD is a 501(c)(3) non-profit organization that advocates for immigrants. Our mission is to end isolation, curb abuse, spread awareness, and end immigration detention. We accomplish our mission by operating visitation programs that offer friendship, a link to legal representation, phone time, books, and other support to immigrants in detention. 2. FOMDD operates visitation programs at The GEO Group, Inc. (GEO)’s Broward Transitional Center (BTC) in Pompano Beach, Florida, among other facilities. FOMDD has operated visitation programs for over six years and has conducted over 3,000 visits to people in detention at BTC and the other two ICE detention facilities we serve.

Case 5:17-cv-02514-JGB-SHK Document 260-20 Filed 04/12/20 Page 3 of 5 Page ID #:5670
3. All community visitation was suspended on March 13, 2020. Only legal visits are allowed until further notice. We are not permitted to bring in cleaning supplies, masks, gloves, or hand sanitizer.
4. Even after the GEO/ICE lockout of visitors to BTC, FOMDD has been in daily contact with people locked inside, and their families.
5. Based on FOMDD’s knowledge and understanding, derived from our daily calls with people locked inside BTC and their families, GEO has failed to provide people locked inside BTC with the vital, basic necessities they need to survive and be healthy amidst this pandemic. We have consistently been in contact with detained immigrants at BTC who tells us they are without adequate access to soap, hot water, paper towels, and hand sanitizer.
6. GEO prevents people inside BTC from practicing social distancing—the only known means of preventing transmission—by continuing to confine individuals in groups of dozens or larger, with few opportunities for fresh air.
7. GEO’s dorm cleaning program at BTC continues to require detained immigrants we serve to clean, disinfect, and sanitize their common living areas under threat of punishment.
8. GEO has uniformly denied masks or other personal protective equipment to detained immigrants at BTC who complete the daily cleaning tasks GEO forces them to do.
9. We continue to hear from people inside BTC that GEO is putting their health and safety at risk by failing to test and cohort or quarantine individuals with symptoms of COVID-19. Without this testing, we fear both symptomatic asymptomatic transmission of the virus to everyone in a pod or dorm by people GEO forces to clean common areas.
10. The population of BTC is currently hovering around approximately 700 people.

Case 5:17-cv-02514-JGB-SHK Document 260-20 Filed 04/12/20 Page 4 of 5 Page ID #:5671
11. ICE and GEO have continued to bring new people there, and failed to significantly reduce the size of the detained population. Specifically, on April 9, GEO accepted a transfer of detained immigrants who were previously housed at the Krome Detention Facility in South Florida, where it has been confirmed that at least 238 ICE detainees were exposed to the virus.
12. On April 9, 2020, GEO officials at BTC cut off access to Univision – the main independent source of news and information regarding COVID-19.
13. GEO guards continue to move in and out of the common living areas at BTC without wearing masks or gloves, thus needlessly exposing all of the people there to the COVID-19.
14. Detained immigrants at BTC report people inside the facility who are confirmed or presumptive positive tests for COVID-19. FOMDD is aware of a Cuban man who reports being sent back to general population from isolation even after he reported tested positive. GEO has set aside three rooms for of people for “observation” to monitor COVID-19 symptoms. After a certain period of time, the people in those rooms are sent to general population, with no consideration of the possibility for asymptomatic spread, which constitutes 1 in 4 cases.
15. FOMDD has received consistent report of unsanitary conditions at BTC an inability or unwillingness of BTC to keep individuals healthy or well-nourished. Specifically, we have received reports that several bathrooms have run out of cleaning products, leaving them filthy and functionally unusable.
16. Detained immigrants at BTC have reported a chronic shortage of soap at BTC, leaving many detained immigrants there unable to wash their hands in keeping with CDC protocols.
17. FOMDD has received consistent reports that all detained immigrants in a pod are using the same phones without access to sanitation or disinfectant to clean them following each individual

Case 5:17-cv-02514-JGB-SHK Document 260-20 Filed 04/12/20 Page 5 of 5 Page ID #:5672
use. Consequently, people are using socks to serve as barriers between their germs and those of the people before them.
18. A 23-year-old woman with asthma and diabetes reported that staff made light of her illnesses and accused her of “wanting attention” and “putting on a show.” In detention, her condition worsened, as she was given ibuprofen as her only treatment.
19. For the reasons listed above, tensions at BTC are running extremely high. Rather than providing PPE and adequate soap and sanitizer for all of the people confined there, GEO has brought in a psychologist to convince detained immigrants that their fears of infection, illness, and death are normal. They are not. GEO is making a conscious choice to risk detainees’ lives by failing to protect detained immigrants from exposure to the virus and forcing them to clean and maintain their living areas without adequate protection and supplies.
20. I hereby attest under penalty of perjury pursuant to 28 U.S.C. 1746 that the foregoing is true and correct, and I would testify as to the same if called to do so.
Francis L. ‘Bud’ Conlin Friends of Miami-Dade Detainees

Case 5:17-cv-02514-JGB-SHK Document 260-21 Filed 04/12/20 Page 1 of 6 Page ID #:5673
EXHIBIT U

Case 5:1C7a-csve-032:2501-4c-vJ-G02B0-S64H-KMMDCocuDmoceunmt 2e6n0t -2261-8 FiFleilded040/31/23/12/020 PaPgaege2 1ofo6f 5 Page ID #:5674

1 WILLIAM S. FREEMAN (SBN 82002) wfreeman@aclunc.org
2 SEAN RIORDAN (SBN 255752) sriordan@aclunc.org
3 ANGÉLICA SALCEDA (SBN 296152) asalceda@aclunc.org
4 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN
5 CALIFORNIA 39 Drumm Street
6 San Francisco, CA 94111 Telephone: (415) 621-2493
7 Facsimile: (415) 255-8437
8 Attorneys for Petitioners-Plaintiffs Additional Counsel Listed on Following Page
9

MANOHAR RAJU (SBN 193771) Public Defender MATT GONZALEZ (SBN 153486) Chief Attorney FRANCISCO UGARTE (CA SBN 241710) francisco.ugarte@sfgov.orga GENNA ELLIS BEIER (CA SBN 300505) genna.beier@sfgov.org EMILOU H. MACLEAN (CA SBN 319071) emilou.maclean@sfgov.org OFFICE OF THE PUBLIC DEFENDER SAN FRANCISCO 555 Seventh Street San Francisco, CA 94103 Direct: 415-553-9319 Fax: 415-553-9810

10

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12

13 Sofia Bahena Ortuño; Gennady Valeryevich Lavrus; Claude Bent; Charles Joseph;
14 Salomon Medina Calderon; Ricardo Vasquez Cruz; J Elias Solorio Lopez; Olvin Said
15 Torres Murillo; Julio Cesar Buendia Alas; Marco Montoya Amaya; Mauricio Ernesto
16 Quinteros Lopez; Roxana del Carmen Trigueros Acevedo; Ernesto Ambrocio Uc
17 Encarnacion;

18

Petitioners-Plaintiffs,

Case No. 3:20-CV-02064-MMC
SUPPLEMENTAL DECLARATION OF ATTORNEY LISA KNOX IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

19

v.

JUDGE: MAXINE M. CHESNEY

20 DAVID JENNINGS, Acting Director of the San Francisco Field Office of U.S. Immigration
21 and Customs Enforcement; MATTHEW T. ALBENCE, Deputy Director and Senior
22 Official Performing the Duties of the Director of the U.S. Immigration and Customs
23 Enforcement; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT,
24 Respondents-Defendants.
25

26

27

28

SUPP. DECL. OF ATTORNEY LISA KNOX ISO PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:1C7a-csve-032:2501-4c-vJ-G02B0-S64H-KMMDCocuDmoceunmt 2e6n0t -2261-8 FiFleilded040/31/23/12/020 PaPgaege3 2ofo6f 5 Page ID #:5675

1 BREE BERNWANGER** (NY SBN 5036397) JORDAN WELLS (SBN 326491)

bbernwanger@lccrsf.org

jwells@aclusocal.org

2 TIFANEI RESSL-MOYER (SBN 319721)

STEPHANIE PADILLA (SBN 321568)

tresslmoyer@lccrsf.org

spadilla@aclusocal.org

3 HAYDEN RODARTE (SBN 329432)

MICHAEL KAUFMAN (SBN 254575)

hrodarte@lccrsf.org

mkaufman@aclusocal.org

4 LAWYERS’ COMMITTEE FOR

AMERICAN CIVIL LIBERTIES UNION

CIVIL RIGHTS OF

FOUNDATION OF SOUTHERN

5 SAN FRANCISCO BAY AREA

CALIFORNIA

131 Steuart St #400

1313 West Eighth Street

6 San Francisco, CA 94105

Los Angeles, CA 90017

Telephone: (415) 814-7631

Telephone: (213) 977-9500

7

Facsimile: (213) 977-5297

JUDAH LAKIN (SBN 307740)

8 judah@lakinwille.com

Attorneys for Petitioners-Plaintiffs

AMALIA WILLE (SBN 293342)

**Motion for Admission Pro Hac Vice

9 amalia@lakinwille.com

Forthcoming

LAKIN & WILLE LLP

10 1939 Harrison Street, Suite 420

Oakland, CA 94612

11 Telephone: (510) 379-9216

Facsimile: (510) 379-9219

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SUPP. DECL. OF ATTORNEY LISA KNOX ISO PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:1C7a-csve-032:2501-4c-vJ-G02B0-S64H-KMMDCocuDmoceunmt 2e6n0t -2261-8 FiFleilded040/31/23/12/020 PaPgaege4 3ofo6f 5 Page ID #:5676
1 I, Lisa Knox, hereby declare as follows: 2 1. My complete name is Lisa Veronica Knox. I am employed at Centro Legal de la Raza in 3 Oakland, California as an Immigration Managing Attorney. I am pro bono counsel of record 4 for Ms. Carolina del Carmen Espinoza Ayala (“Mr. Espinoza Ayala”) and Ms. Roxana del 5 Carmen Trigueros Acevedo (“Ms. Trigueros Acevedo”). Ms. Trigueros Acevedo is a plaintiff in 6 the instant Petition for Writ of Habeas Corpus and Motion for Temporary Restraining Order. 7 2. The facts stated in this declaration are true and of my own personal knowledge, except as 8 to any matters stated on information and belief, and as to those matters, I am informed and 9 believed them to be true. 10 3. I spoke with Ms. Espinoza Ayala on March 29, 2020. She reported that she and her wife 11 Ms. Trigueros Acevedo continue to feel unwell. Since last week, she has developed a loud 12 cough. During the call, she had to stop speaking in order to cough every few minutes. She also 13 described having developed an allergy on her arms, legs and stomach. She stated that she has a 14 rash and bumps on those areas. According to Ms. Espinoza Ayala, Ms. Trigueros Acevedo and 15 several other women in their dormitory have the same rash and bumps. She stated that 16 Ms. Trigueros Acevedo is experiencing a rapid heartbeat and sneezing and coughing, 17 and continues to suffer from stomach issues. 18 4. Ms. Espinoza Ayala stated that she and Ms. Trigueros Acevedo sent a written request to 19 see a doctor to ICE and the facility nurse on Thursday, March 26. On Friday March 27 around 20 12:30am, the nurse came into their dorm and took the clothes and sheets of everyone 21 experiencing the allergy. While the women were given new sheets, not all women received new 22 clothing. Ms. Espinoza Ayala said that she is still without a shirt. She was given a cream for her 23 rash, but no other medication. 24 5. On March 27, Ms. Espinoza Ayala asked the nurse if Ms. Trigueros Acevedo could be 25 taken to see a doctor right away, due to her serious symptoms. The nurse replied that they were 26 not the only people at the facility. She and Ms. Trigueros Acevedo have still not seen a doctor. 27 28
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SUPP. DECL. OF ATTORNEY LISA KNOX ISO PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:1C7a-csve-032:2501-4c-vJ-G02B0-S64H-KMMDCocuDmoceunmt 2e6n0t -2261-8 FiFleilded040/31/23/12/020 PaPgaege5 4ofo6f 5 Page ID #:5677
1 6. According to Ms. Espinoza Ayala, officials instructed those in her dorm to maintain 2 social distancing but that is impossible. She estimates that the beds in her dorm are spaced less 3 than 1 meter (3.28 feet) apart. While she and Ms. Trigueros Acevedo were re-assigned beds so 4 that two empty beds separate them, the majority of the women sleep in beds directly next to one 5 another. When she needs to move around the dorm, for example to go to the bathroom, Ms. 6 Espinoza Ayala states that she cannot help but pass very close by other women. She believes that 7 it would be impossible to maintain the recommended 1.5-meter distance from other women in 8 her dorm for more than short periods of time. 9 7. Ms. Espinoza Ayala reports that people are constantly entering and leaving the dorm. 10 Employees of the facility come and leave, and none other than the nurse has a mask. Ms. 11 Espinoza Ayala said that one GEO employee has been constantly coughing, and is still walking 12 around their dormitory with no mask or protective equipment. She also stated that two new 13 detainees arrived to the dormitory late on the night of March 27. Given the time of their arrival, 14 Ms. Espinoza Ayala believes they could not have seen a doctor before entering the dorm. 15 8. Ms. Espinoza Ayala stated that the facility is only providing one small bar of 16 soap, similar to that given at hotels, per day to each detainee. She and Ms. Trigueros Acevedo 17 buy their own soap because the facility soap is of such poor quality. She stated that she and other 18 women have to use shampoo to clean their clothes. The cleaning liquid provided to the women to 19 clean the bathrooms is a creamy scented liquid that she believes is body wash. They have 20 not received bleach or other disinfectant products. 21 9. Ms. Espinoza Ayala’s dorm does not have windows that open to let in air. The only air 22 that enters the room is from the air conditioning unit. 23 10. Ms. Espinoza Ayala stated that she and the approximately 60 women in her dorm are 24 very concerned about their health. There are three other women in the dorm who are coughing. 25 One woman can’t even speak because of coughing fits. Women in her dorm who have gone to 26 the medical area of the facility for blood pressure screening report that certain areas 27 28
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SUPP. DECL. OF ATTORNEY LISA KNOX ISO PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:1C7a-csve-032:2501-4c-vJ-G02B0-S64H-KMMDCocuDmoceunmt 2e6n0t -2261-8 FiFleilded040/31/23/12/020 PaPgaege6 5ofo6f 5 Page ID #:5678

1 are quarantined and officials told them they could not pass through. Ms. Espinoza Ayala believes

2 that there are already individuals infected with COVID-19 at the facility but has received no

3 information from officials there.

4 11. On March 27, 2020, I submitted a parole redetermination request for Ms. Espinoza Ayala

5 and Ms. Trigueros Acevedo. Ms. Espinoza Ayala and Ms. Trigueros Acevedo were each granted

6 a $4,000 bond. They remain in detention because their family is unable to pay the bonds.

7 12. I declare under penalty of perjury that the foregoing is true and correct.

8 9 Dated: March 29, 2020
Oakland, California 10 11 12 13 14

Respectfully submitted,
/s/ Lisa Knox Lisa Knox Centro Legal de la Raza 3400 East 12th Street Oakland, CA 94601 lknox@centrolegal.org Pro Bono Counsel for Petitioner

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SUPP. DECL. OF ATTORNEY LISA KNOX ISO PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 260-22 Filed 04/12/20 Page 1 of 7 Page ID #:5679
EXHIBIT V

Case 5:17-cv-02514-JGB-SHK Document 260-22 Filed 04/12/20 Page 2 of 7 Page ID #:5680

1 WILLIAM FREEMAN (SBN 82002)

MANOHAR RAJU

wfreeman@aclunc.org

Public Defender

2 SEAN RIORDAN (SBN 255752)

MATT GONZALEZ

sriordan@aclunc.org

Chief Attorney

3 ANGÉLICA SALCEDA (SBN 296152)

FRANCISCO UGARTE (CA SBN 241710)

asalceda@aclunc.org

francisco.ugarte@sfgov.orga

4 AMERICAN CIVIL LIBERTIES UNION

GENNA ELLIS BEIER (CA SBN 300505)

FOUNDATION OF NORTHERN

genna.beier@sfgov.org

5 CALIFORNIA

EMILOU H. MACLEAN (CA SBN 319071)

39 Drumm Street

emilou.maclean@sfgov.org

6 San Francisco, CA 94111

OFFICE OF THE PUBLIC DEFENDER

Telephone: (415) 621-2493

SAN FRANCISCO

7 Facsimile: (415) 255-8437

555 Seventh Street

San Francisco, CA 94103

8 Attorneys for Petitioners-Plaintiffs

Direct: 415-553-9319

Additional Counsel Listed on Following Page Fax: 415-553-9810

9

10

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12 SOFIA BAHENA ORTUÑO, et al.
13 Petitioners-Plaintiffs,
14 v.
15 DAVID JENNINGS, et al.
16 Respondents-Defendants.
17

Case No.
DECLARATION OF LISA KNOX IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

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DECLARATION OF LISA KNOX IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 260-22 Filed 04/12/20 Page 3 of 7 Page ID #:5681

1 BREE BERNWANGER (NY SBN 5036397)** JORDAN WELLS (SBN 326491)

bbernwanger@lccrsf.org

jwells@aclusocal.org

2 TIFANEI RESSL-MOYER (SBN 319721)*

STEPHANIE PADILLA (SBN 321568)

tresslmoyer@lccrsf.org

spadilla@aclusocal.org

3 HAYDEN RODARTE (SBN 329432)*

MICHAEL KAUFMAN (SBN 254575)

hrodarte@lccrsf.org

mkaufman@aclusocal.org

4 LAWYERS’ COMMITTEE FOR CIVIL

AMERICAN CIVIL LIBERTIES UNION

RIGHTS OF SAN FRANCISCO BAY AREA FOUNDATION OF SOUTHERN

5 131 Steuart St #400

CALIFORNIA

San Francisco, CA 94105

1313 West Eighth Street

6 Telephone: (415) 814-7631

Los Angeles, CA 90017

Telephone: (213) 977-9500

7 JUDAH LAKIN (SBN 307740)

Facsimile: (213) 977-5297

judah@lakinwille.com

8 AMALIA WILLE (SBN 293342)

Attorneys for Petitioners-Plaintiffs

amalia@lakinwille.com

*Admission to the bar of this Court Pending

9 LAKIN & WILLE LLP

**Motion for Admission Pro Hac Vice

1939 Harrison Street, Suite 420

Forthcoming

10 Oakland, CA 94612

Telephone: (510) 379-9216

11 Facsimile: (510) 379-9219

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DECLARATION OF LISA KNOX IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 260-22 Filed 04/12/20 Page 4 of 7 Page ID #:5682
DECLARATION OF LISA KNOX REGARDING CONDITIONS OF CONFINEMENT AT THE MESA VERDE ICE PROCESSING FACILITY
I, Lisa Knox, hereby declare as follows: 1. I am an Immigration Managing Attorney at Centro Legal de la Raza (“Centro Legal”), a non-profit organization in San Francisco, California, that provides comprehensive services to immigrants, including legal services. In that role, I manage and regularly supervise a twice-monthly legal services clinic at the Mesa Verde ICE Processing Center (“Mesa Verde”). In the past year, I have personally attended and supervised seven legal service clinics at the facility. 2. The facts stated in this declaration are true and of my own personal knowledge, except as to any matters stated on information and belief, and as to those matters, I am informed and believe them to be true. 3. Centro Legal has provided legal services at the Mesa Verde facility since its opening in approximately 2015. I have regularly attended these visits since 2016. Centro Legal and its partner organizations currently conduct legal clinics in the facility’s second-floor cafeteria area. To enter the cafeteria area, staff pass by two men’s dormitories and another cafeteria area that is used for meals. All of these areas are visible through windows as staff pass by. 4. In my experience, the Mesa Verde facility lacks the medical resources to be responsive to even basic medical issues. In June 2019, a case of chicken pox was confirmed at the facility. This year alone, we have become aware of three cases in which ICE provided detainees with the wrong medication. Additionally, we have spoken with several diabetic individuals whose doctor-prescribed diet ICE refused to provide. 5. In my observation, ICE at Mesa Verde is particularly ill-equipped to deal with communicable diseases. Though ICE reported only five detainees had been exposed to chicken pox in June 2019, many detainees believed they had been exposed through sharing dormitory and public space with the infected individuals. Detainees have consistently reported that the dormitory bathrooms regularly lack basic hygiene supplies, such as toilet paper and soap, needed to prevent the spread of communicable diseases. 6. My most recent in-person visit to Mesa Verde occurred on Friday, March 13, 2020. Prior to the visit, I requested that staff from my organization who were visiting the facility be allowed to bring hand sanitizer and disinfectant wipes into the facility. I was told that no

Case 5:17-cv-02514-JGB-SHK Document 260-22 Filed 04/12/20 Page 5 of 7 Page ID #:5683
one was allowed to bring in those items, and that only the cleaning supplies at the facility could be used. There are no cleaning supplies or sink for handwashing available in the room where we conduct visits, which also is one of two rooms where detained people eat their meals. 7. On the March 13, 2020 visit, we did not observe anyone—facility staff, detained people, or anyone else in the facility—wearing masks. No one asked our team of legal workers entering the facility about our health, including whether we were experiencing any symptoms. We did not see any posted signs with information about COVID-19 or Coronavirus. 8. Detained individuals reported that they received information verbally during a group presentation earlier in the week--they were instructed to wash their hands with soap, they were provided with bleach-based cleaning solution for the first time, they were instructed to cough and sneeze into their elbows, and they were told to report any flu-like symptoms right away. Despite the instructions to use soap, at the time of our visit some detainees reported that they had not received free soap. I was concerned that the staff mentioned they were already running out of masks, that detainees reported that new detainees were being mixed in with the general population without any mandatory quarantine period (since we know the virus can remain dormant for many days or even be carried by asymptomatic carriers), and that so many individuals with pre-existing conditions that put them at high risk remain in detention. 9. The Mesa Verde facility is an extremely small space where in my observation detainees are continuously in close contact with staff and one another. The facility has four larger dormitory spaces that each house around 100 detainees During our visits, I have observed that the detainees sleep in bunkbeds that are spaced only a few feet apart. Detainees have reported that they spend all but a few hours a day in the dorm space. Meals are eaten in a common cafeteria space, where I have observed that detainees sit four to a table on bench seats spaced a few feet apart. In my observation and experience spending time in this room, it would be extremely difficult for a detainee to maintain the recommended six feet of social distancing in these spaces for any amount of time. My understanding is that there are fewer than five isolation cells available in the facility. In my experience, these cells are usually filled with individuals with chronic mental health conditions or individuals being

Case 5:17-cv-02514-JGB-SHK Document 260-22 Filed 04/12/20 Page 6 of 7 Page ID #:5684
isolated for disciplinary reasons. 10. During the March 13, 2020 visit, detainees were seated at tables that seat four people per
table, which clearly do not allow for 6 feet of space in between people. Detainees were not instructed to sit farther apart. Detainees reported that they eat meals at the same sized tables that seat four people per table, which clearly do not allow for 6 feet of space in between people. 11. Detainees have regularly reported unsanitary conditions at the facility. Detainees have consistently reported that there is not sufficient soap or shampoo in the shower stalls. They are forced to pay as much as $10 for a bottle of shampoo in the commissary. As a result, many who cannot afford these exorbitant prices are forced to shower without soap or shampoo. Detainees who clean bathrooms have reported that they regularly run out of disinfectant, and are forced to clean with only water. 12. Detainees have reported that the only regular cleaning that occurs within the dorm consists of sweeping and mopping the floors. Detainees are responsible for cleaning their own bunk bed areas, and to do so, they share the same rag and pass it from detainee to detainee. 13. On March 13, 2020, no sanitation precautions were taken that could be observed by the legal worker team. There was no evidence that surfaces were cleaned between the times that each housing unit was brought into the room for legal services. Neither the detained people nor the legal workers had any access to any materials to sanitize surfaces or hands during the day. The only way that legal workers could wash their hands was to request to return to the restrooms in the lobby. Detained individuals reported they did have access to shared bar soap in the bathroom areas of their housing units for hand washing. It did not appear that the detainees had access to hand washing in the room where the legal services were provided on March 13, 2020. 14. On the March 13 visit, many detainees reported worry about the lack of screening of new arrivals to the detention center, as well as concerns about the cleaning of services. One individual reported that showers were being cleaned with soap. 15. On March 19, one of our clients informed us that the conditions described above had not changed. Detainees still share the same rag to clean and wipe down their sleeping areas. They still are not physically able to keep a 6 foot distance from one another for any significant period of time. Detention personnel do not wear masks, and only some wear

Case 5:17-cv-02514-JGB-SHK Document 260-22 Filed 04/12/20 Page 7 of 7 Page ID #:5685

Case 5:17-cv-02514-JGB-SHK Document 260-23 Filed 04/12/20 Page 1 of 19 Page ID #:5686
EXHIBIT W

Case 5:17-cv-02514-JGB-SHK Document 260-23 Filed 04/12/20 Page 2 of 19 Page ID #:5687

1 WILLIAM FREEMAN (SBN 82002)

MANOHAR RAJU

wfreeman@aclunc.org

Public Defender

2 SEAN RIORDAN (SBN 255752)

MATT GONZALEZ

sriordan@aclunc.org

Chief Attorney

3 ANGÉLICA SALCEDA (SBN 296152)

FRANCISCO UGARTE (CA SBN 241710)

asalceda@aclunc.org

francisco.ugarte@sfgov.orga

4 AMERICAN CIVIL LIBERTIES UNION GENNA ELLIS BEIER (CA SBN 300505)

FOUNDATION OF NORTHERN

genna.beier@sfgov.org

5 CALIFORNIA

EMILOU H. MACLEAN (CA SBN 319071)

39 Drumm Street

emilou.maclean@sfgov.org

6 San Francisco, CA 94111

OFFICE OF THE PUBLIC DEFENDER

Telephone: (415) 621-2493

SAN FRANCISCO

7 Facsimile: (415) 255-8437

555 Seventh Street

San Francisco, CA 94103

8 Attorneys for Petitioners-Plaintiffs

Direct: 415-553-9319

Additional Counsel Listed on Following Page Fax: 415-553-9810

9

10

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12 SOFIA BAHENA ORTUÑO, et al.
13 Petitioners-Plaintiffs,
14 v.
15 DAVID JENNINGS, et al.
16 Respondents-Defendants.
17

Case No.
DECLARATION OF DR. MARC STERN IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

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DECLARATION OF DR. MARC STERN IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 260-23 Filed 04/12/20 Page 3 of 19 Page ID #:5688

1

BREE BERNWANGER (NY SBN

JORDAN WELLS (SBN 326491)

2 5036397)**

jwells@aclusocal.org

bbernwanger@lccrsf.org

STEPHANIE PADILLA (SBN 321568)

3 TIFANEI RESSL-MOYER (SBN 319721)* spadilla@aclusocal.org

tresslmoyer@lccrsf.org

MICHAEL KAUFMAN (SBN 254575)

4 HAYDEN RODARTE (SBN 329432)*

mkaufman@aclusocal.org

hrodarte@lccrsf.org

AMERICAN CIVIL LIBERTIES UNION

5 LAWYERS’ COMMITTEE FOR CIVIL

FOUNDATION OF SOUTHERN

RIGHTS OF SAN FRANCISCO BAY

CALIFORNIA

6 AREA

1313 West Eighth Street

131 Steuart St #400

Los Angeles, CA 90017

7 San Francisco, CA 94105

Telephone: (213) 977-9500

Telephone: (415) 814-7631

Facsimile: (213) 977-5297

8

JUDAH LAKIN (SBN 307740)

Attorneys for Petitioners-Plaintiffs

9 judah@lakinwille.com

*Admission to the bar of this Court Pending

AMALIA WILLE (SBN 293342)

**Motion for Admission Pro Hac Vice

10 amalia@lakinwille.com

Forthcoming

LAKIN & WILLE LLP

11 1939 Harrison Street, Suite 420

Oakland, CA 94612

12 Telephone: (510) 379-9216

Facsimile: (510) 379-9219

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DECLARATION OF DR. MARC STERN IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 260-23 Filed 04/12/20 Page 4 of 19 Page ID #:5689
Declaration of Dr. Marc Stern
I, Marc Stern, declare as follows:
1. I am a physician, board-specialized in internal medicine, specializing in correctional health care. I most recently served as the Assistant Secretary for Health Care at the Washington State Department of Corrections. I also have considerable familiarity with the immigration detention system. I served for four years as a medical subject matter expert for the Officer of Civil Rights and Civil Liberties, U.S. Department of Homeland Security, and as a medical subject matter expert for one year for the California Attorney General’s division responsible for monitoring the conditions of confinement in Immigration and Customs Enforcement (ICE) detention facilities. I have also served as a consultant to Human Rights Watch in their preparation of two reports on healthrelated conditions of confinement in ICE detention facilities. In those capacities, I have visited and examined more than 20 ICE detention facilities and reviewed hundreds of records, including medical records and detention death reviews of individuals in ICE detention. Attached as Exhibit A is a copy of my curriculum vitae.
2. COVID-19 is a serious disease and has reached pandemic status. It is straining the health care systems around the world, including in areas where there is high-quality and well-resourced health care. At least 240,000 people around the world have received confirmed diagnoses of COVID 19, including 18,000 people in the United States. At least 9,000 people have died globally as a result of COVID-19, including more than 250 in the United States. These numbers will increase, perhaps exponentially.
3. COVID-19 is a novel virus. There is no vaccine for COVID-19, and there is no cure for COVID-19. No one has prior immunity. The only way to control the virus is to use preventive strategies, including social distancing.
4. The time course of the disease can be very rapid. Individuals can show the first symptoms of infection in as little as two days after exposure and their condition can seriously deteriorate in as little as five days (perhaps sooner) after that. It is believed that people can transmit the virus without being symptomatic and, indeed, that a significant amount of transmission may be from people who are infected but asymptomatic or pre-symptomatic.
5. The effects of COVID-19 are very serious, especially for people who are most vulnerable. Vulnerable people include people over the age of 50, and those of any age with underlying health problems such as – but not limited to – weakened immune systems, hypertension, diabetes, blood, lung, kidney, heart, and liver disease, and possibly pregnancy.
6. Vulnerable people who are infected by the COVID-19 virus can experience severe respiratory illness, as well as damage to other major organs. Treatment for serious cases

Case 5:17-cv-02514-JGB-SHK Document 260-23 Filed 04/12/20 Page 5 of 19 Page ID #:5690
of COVID-19 requires significant advanced support, including ventilator assistance for respiration and intensive care support. An outbreak of COVID-19 could put significant pressure on or exceed the capacity of local health infrastructure.
7. Detention facilities are congregate environments, i.e. places where people live and sleep in close proximity. Social distancing in ways that are recommended by public health officials can be difficult, if not impossible in congregate environments such as detention facilities. To the extent that detainees are housed in close quarters, unable to maintain a six-foot distance from others, and sharing or touching objects used by others, infectious diseases that are transmitted via the air or touch are more likely to spread, placing people at risk. This is especially true when the number of detainees is high. For these reasons, if – but more likely when – COVID-19 is introduced into the facility, the risks of spread is greatly, if not exponentially, increased as already evidenced by spread of COVID-19 in two other congregate environments: nursing homes and cruise ships.
8. I have reviewed the declarations of Kathleen Kavanagh and Lisa Knox, attorneys who visited Yuba County Jail (“Yuba”) and Mesa Verde ICE Processing Center (“Mesa Verde”), respectively. If the facts revealed in their declarations are true, living conditions at Yuba and Mesa Verde are typical congregate environments where detainees sleep in large groups with less than six feet of spacing between beds. Further, at Mesa Verde meals are currently served in group settings, also with less that six feet of spacing between detainees. This spacing is not consistent with CDC’s recommendation for adequate social distancing.
9. In addition to the above conditions dictated by the physical plants and population size at these facilities, based on the information in one declaration, Mesa Verde is failing to implement COVID-19 infection control measures recommended by the CDC. For example, the declarant noted: there were no cleaning supplies or sink for handwashing in or near the room used for legal visits; Mesa Verde staff neglected to screen the legal team for risk of carriage of COVID-19 prior to granting them entry; some detainees have not received free soap for handwashing; detainees are forced to share the same rag for cleaning their rooms; and there was no regular disinfection of transactional surfaces in the dormitory.
10. In addition to the increased risk from COVID-19 to any individual in the detention center, there is an especially increased risk of harm to the elderly and detainees with underlying health conditions. They are not only more likely to become seriously ill, but also, therefore, more likely to require transport to a community hospital.
11. For these reasons, I recommend immediate consideration of downsizing of these detention facilities, with priority given to those in high risk of harm due to their age and health status.
12. There are two values to immediate downsizing. First, downsizing will reduce the density of congregation. This will allow people in detention to maintain better social

Case 5:17-cv-02514-JGB-SHK Document 260-23 Filed 04/12/20 Page 6 of 19 Page ID #:5691
distancing. The reduction in population will also make it easier for detention authorities to implement infection prevention measures such as: provision of cleaning supplies to residents; frequent laundering of towels and clothes; provision of soap for handwashing; frequent cleaning of transactional surfaces; frequent showers; etc. The reduction in population while implementing these enhanced measures helps prevent overloading the work of detention staff such that they can continue to ensure the safety of detainees. All these steps can slow or stop the spread of infection, to the benefit of residents and staff (and family and friends of staff).
13. Second, immediate downsizing that prioritizes residents who are elderly and those with underlying health conditions reduces the likelihood they will contract the disease. Individuals in these groups are at the highest risk of severe complications from COVID-19 and when they develop severe complications they will be transported to community hospitals. Carceral and detention settings, regardless of the level of government authorities that oversee them, are integral parts of the community’s public health infrastructure. Reducing the spread and severity of infection in a federal immigration detention center slows, if not reduces, the number of people who will become ill enough to require hospitalization where they will be using scarce community resources (ER beds, general hospital beds, ICU beds) which in turn reduces the health and economic burden to the local community at large.
14. In addition to recommending immediate downsizing, I also recommend that the detention facilities begin planning now to downsize further as conditions change. The change in conditions we need to anticipate is reduction in workforce (custody and health care staff) as workers respond to their personal needs (self-quarantine or isolation, caring for ill relatives, staying home with school-age children). Insufficient custody staffing poses an obvious risk to the safety of the institution. Insufficient health care staffing poses an obvious risk to the health of residents.
15. If the information presented in the two aforementioned declarations is true, the health care delivery systems at Yuba and Mesa Verde may be substandard. For example, at Yuba, treatment of a patient with cancer and another patient with traumatic injuries was significantly delayed. Other patients report lack of attention for medical conditions despite multiple requests for care. At Mesa Verde, three patients were provided with incorrect medications and several diabetic patients were denied special diets ordered by their physician. Successful monitoring and treatment of patients for possible or confirmed COVID-19 relies on an already satisfactorily operating health care system. If those core systems are substandard at Yuba and Mesa Verde, then it is more likely than not that monitoring and treatment for COVID-19 will be inadequate and therefore dangerous.
16. Even if the quality of health care being provided to individuals at Mesa Verde and Yuba are not substandard and meet or exceed the community standard of care, my recommendations herein would be unchanged. The risks to which detainees at these two facilities are exposed stem from the congregate nature of the environment and, for the elderly and chronically ill, from their medical histories. Thus even if the health

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care being provided were excellent, there would still be substantial risk; if the health being provided were substandard, those substantial risks are only greater. 17. Thus, in summary, reducing the number of individuals in detention at Mesa Verde and Yuba County Jail immediately, with plans made for further reductions as staffing levels change, is necessary for the health and safety of the detention centers and our communities.
Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct. Executed this 22nd day in March, 2020 in Tumwater, Washington.
_____________________ Dr. Marc Stern

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MARC F. STERN, M.D., M.P.H., F.A.C.P.

March, 2020

1100 Surrey Trace Drive, SE Tumwater, Washington 98501, USA

marcstern@live.com +1 (360) 701–6520

SUMMARY OF EXPERIENCE

CORRECTIONAL HEALTH CARE CONSULTANT

2009 – PRESENT

Consultant in the design, management, and operation of health services in a correctional setting to assist in evaluating, monitoring, or providing evidence-based, cost-effective care consistent with constitutional mandates of quality.

Current activities include: • COVID-19 Medical Advisor, National Sheriffs Association (2020 - )
• Advisor to various jails in Washington State on patient safety, health systems, and related health care and custody staff activities and operations, and RFP and contract generation (2014 - )
• Consultant to the US Department of Justice, Civil Rights Division, Special Litigation Section. Providing investigative support and expert medical services pursuant to complaints regarding care delivered in any US jail, prison, or detention facility. (2010 - ) (no current open cases)
• Physician prescriber/trainer for administration of naloxone by law enforcement officers for the Olympia, Tumwater, Lacey, Yelm, and Evergreen College Police Departments (2017 - )
• Consultant to the Civil Rights Enforcement Section, Office of the Attorney General of California, under SB 29, to review the healthcare-related conditions of confinement of detainees confined by Immigration and Customs Enforcement in California facilities (2017 - )
• Rule 706 Expert to the Court, US District Court for the District of Arizona, in the matter of Parsons v. Ryan (2018 - )

Previous activities include: • Consultant to Human Rights Watch to evaluate medical care of immigrants in Homeland Security detention (2016 -
2018)
• Consultant to Broward County Sheriff to help develop and evaluate responses to a request for proposals (2017 2018)
• Member of monitoring team (medical expert) pursuant to Consent Agreement between US Department of Justice and Miami-Dade County (Unites States of America v Miami-Dade County, et al.) regarding, entre outre, unconstitutional medical care. (2013 - 2016)
• Jointly appointed Consultant to the parties in Flynn v Walker (formerly Flynn v Doyle), a class action lawsuit before the US Federal District Court (Eastern District of Wisconsin) regarding Eighth Amendment violations of the health care provided to women at the Taycheedah Correctional Institute. Responsible for monitoring compliance with the medical component of the settlement. (2010 - 2015)
• Consultant on “Drug-related Death after Prison Release,” a research grant continuing work with Dr. Ingrid Binswanger, University of Colorado, Denver, examining the causes of, and methods of reducing deaths after release from prison to the community. National Institutes of Health Grant R21 DA031041-01. (2011 - 2016)
• Consultant to the US Department of Homeland Security, Office for Civil Rights and Civil Liberties. Providing investigative support and expert medical services pursuant to complaints regarding care received by immigration detainees in the custody of U.S. Immigration and Customs Enforcement. (2009 - 2014)
• Special Master for the US Federal District Court (District of Idaho) in Balla v Idaho State Board of Correction, et al., a class action lawsuit alleging Eighth Amendment violations in provision of health care at the Idaho State Correctional Institution. (2011 - 2012)
• Facilitator/Consultant to the US Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, providing assistance and input for the development of the first National Survey of Prisoner Health. (2010-2011 )
• Project lead and primary author of National Institute of Corrections’ project entitled “Correctional Health Care Executive Curriculum Development,” in collaboration with National Commission on Correctional Health Care. NIC commissioned this curriculum for its use to train executive leaders from jails and prisons across the nation to better manage the health care missions of their facilities. Cooperative Agreement 11AD11GK18, US Department of Justice, National Institute of Corrections. (2011 - 2015 )

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• Co-teacher, with Jaye Anno, Ph.D., for the National Commission on Correctional Health Care, of the Commission’s standing course, An In-Depth Look at NCCHC’s 2008 Standards for Health Services in Prisons and Jails taught at its national meetings. (2010 - 2013)
• Contributor to 2014 Editions of Standards for Health Services in Jails and Standards for Health Services in Prisons, National Commission on Correctional Health Care. (2013)
• Consultant to the California Department of Corrections and Rehabilitation court-appointed Receiver for medical operations. Projects included: o Assessing the Receiver’s progress in completing its goal of bringing medical care delivered in the Department to a constitutionally mandated level. (2009) o Providing physician leadership to the Telemedicine Program Manager tasked with improving and expanding the statewide use of telemedicine. (2009)
• Conceived, co-designed, led, and instructed in American College of Correctional Physicians and National Commission on Correctional Health Care’s Medical Directors Boot Camp (now called Leadership Institute), a national training program for new (Track “101”) and more experienced (Track “201”) prison and jail medical directors. (2009 - 2012)
• Participated as a member of a nine-person Delphi expert consensus panel convened by Rand Corporation to create a set of correctional health care quality standards. (2009)
• Convened a coalition of jails, Federally Qualified Health Centers, and community mental health centers in ten counties in Washington State to apply for a federal grant to create an electronic network among the participants that will share prescription information for the correctional population as they move among these three venues. (2009 2010)
• Participated as a clinical expert in comprehensive assessment of Michigan Department of Corrections as part of a team from the National Commission on Correctional Health Care. (2007)
• Provided consultation to Correctional Medical Services, Inc., St. Louis (now Corizon), on issues related to development of an electronic health record. (2001)
• Reviewed cases of possible professional misconduct for the Office of Professional Medical Conduct of the New York State Department of Health. (1999 – 2001)
• Advised Deputy Commissioner, Indiana State Board of Health, on developing plan to reduce morbidity from chronic diseases using available databases. (1992)
• Provided consultation to Division of General Medicine, University of Nevada at Reno, to help develop a new clinical practice site combining a faculty practice and a supervised resident clinic. (1991)

OLYMPIA BUPRENORPHINE CLINIC, OLYMPIA, WASHINGTON

2019 - PRESENT

Volunteer practitioner at a low-barrier clinic to providing Medication Assisted Treatment (buprenorphine) to opioid dependent individuals wishing to begin treatment, until they can transition to a long-term treatment provider

OLYMPIA FREE CLINIC, OLYMPIA, WASHINGTON

2017 - PRESENT

Volunteer practitioner providing episodic care at a neighborhood clinic which provides free care to individuals without health insurance until they can find a permanent medical home

OLYMPIA UNION GOSPEL MISSION CLINIC, OLYMPIA, WASHINGTON

2009 – 2014

Volunteer practitioner providing primary care at a neighborhood clinic which provides free care to individuals without health insurance until they can find a permanent medical home; my own patient panel within the practice focuses on individuals recently released jail and prison.

WASHINGTON STATE DEPARTMENT OF CORRECTIONS

2002 – 2008

Assistant Secretary for Health Services/Health Services Director, 2005 – 2008 Associate Deputy Secretary for Health Care, 2002 – 2005
Responsible for the medical, mental health, chemical dependency (transiently), and dental care of 15,000 offenders in total confinement. Oversaw an annual operating budget of $110 million and 700 health care staff.
• As the first incumbent ever in this position, ushered the health services division from an operation of 12 staff in headquarters, providing only consultative services to the Department, to an operation with direct authority and

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responsibility for all departmental health care staff and budget. As part of new organizational structure, created and filled statewide positions of Directors of Nursing, Medicine, Dental, Behavioral Health, Mental Health, Psychiatry, Pharmacy, Operations, and Utilization Management.
• Significantly changed the culture of the practice of correctional health care and the morale of staff by a variety of structural and functional changes, including: ensuring that high ethical standards and excellence in clinical practice were of primordial importance during hiring of professional and supervisory staff; supporting disciplining or career counseling of existing staff where appropriate; implementing an organizational structure such that patient care decisions were under the final direct authority of a clinician and were designed to ensure that patient needs were met, while respecting and operating within the confines of a custodial system.
• Improved quality of care by centralizing and standardizing health care operations, including: authoring a new Offender Health Plan defining patient benefits based on the Eighth Amendment, case law, and evidence-based medicine; implementing a novel system of utilization management in medical, dental, and mental health, using the medical staffs as real-time peer reviewers; developing a pharmacy procedures manual and creating a Pharmacy and Therapeutics Committee; achieving initial American Correctional Association accreditation for 13 facilities (all with almost perfect scores on first audit); migrating the eight individual pharmacy databases to a single central database.
• Blunted the growth in health care spending without compromising quality of care by a number of interventions, including: better coordination and centralization of contracting with external vendors, including new statewide contracts for hospitalization, laboratory, drug purchasing, radiology, physician recruitment, and agency nursing; implementing a statewide formulary; issuing quarterly operational reports at the state and facility levels.
• Piloted the following projects: direct issuance of over-the-counter medications on demand through inmates stores (commissary), obviating the need for a practitioner visit and prescription; computerized practitioner order entry (CPOE); pill splitting; ER telemedicine.
• Oversaw the health services team that participated variously in pre-design, design, or build phases of five capital projects to build complete new health units.

NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES

2001 – 2002

Regional Medical Director, Northeast Region, 2001 – 2002
Responsible for clinical oversight of medical services for 14,000 offenders in 14 prisons, including one (already) under court monitoring.
• Oversaw contract with vendor to manage 60-bed regional infirmary and hospice. • Coordinated activities among the Regional Medical Unit outpatient clinic, the Albany Medical College, and the 13
feeder prisons to provide most of the specialty care for the region.
• Worked with contracting specialists and Emergency Departments to improve access and decrease medical out-trips by increasing the proportion of scheduled and emergency services provided by telemedicine.
• Provided training, advice, and counseling to practitioners and facility health administrators in the region to improve the quality of care delivered.

CORRECTIONAL MEDICAL SERVICES, INC. (now CORIZON)

2000 – 2001

Regional Medical Director, New York Region, 2000 – 2001
Responsible for clinical management of managed care contract with New York State Department of Correctional Services to provide utilization management services for the northeast and northern regions of New York State and supervision of the 60-bed regional infirmary and hospice.
• Migrated the utilization approval function from one of an anonymous rule-based “black box” to a collaborative evidence-based decision making process between the vendor and front-line clinicians.

MERCY INTERNAL MEDICINE, ALBANY, NEW YORK Neighborhood three-physician internal medicine group practice. Primary Care Physician, 1999 – 2000 (6 months) Provided direct primary care to a panel of community patients during a period of staff shortage.

1999 – 2000

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ALBANY COUNTY CORRECTIONAL FACILITY, ALBANY, NEW YORK

1998 – 1999

Acting Facility Medical Director, 1998 – 1999

Directed the medical staff of an 800 bed jail and provided direct patient care following the sudden loss of the Medical Director, pending hiring of a permanent replacement. Coordinated care of jail patients in local hospitals. Provided consultation to the Superintendent on improvements to operation and staffing of medical unit and need for privatization.

VETERANS ADMINISTRATION MEDICAL CENTER, ALBANY, NY

1992 – 1998

Assistant Chief, Medical Service, 1995 – 1998 Chief, Section of General Internal Medicine and Emergency Services, 1992 – 1998
Responsible for operation of the general internal medicine clinics and the Emergency Department.
• Designed and implemented an organizational and physical plant makeover of the general medicine ambulatory care clinic from an episodic-care driven model with practitioners functioning independently supported by minimal nursing involvement, to a continuity-of-care model with integrated physician/mid-level practitioner/registered nurse/licensed practice nurse/practice manager teams.
• Led the design and opening of a new Emergency Department.
• As the VA Section Chief of Albany Medical College’s Division of General Internal Medicine, coordinated academic activities of the Division at the VA, including oversight of, and direct teaching in, ambulatory care and inpatient internal medicine rotations for medical students, residents, and fellows. Incorporated medical residents as part of the general internal medicine clinics. Awarded $786,000 Veterans Administration grant (“PRIME I”) over four years for development and operation of educational programs for medicine residents and students in allied health professions (management, pharmacy, social work, physician extenders) wishing to study primary care delivery.

ERIE COUNTY HEALTH DEPARTMENT, BUFFALO, NY

1988 – 1990

Director of Sexually Transmitted Diseases (STD) Services, 1989 – 1990 Staff Physician, STD Clinic, 1988 – 1989 Staff Physician, Lackawanna Community Health Center, 1988 – 1990
Provided leadership and patient care services in the evaluation and treatment of STDs. Successfully reorganized the county’s STD services which were suffering from mismanagement and were under public scrutiny. Provided direct patient care services in primary care clinic for underserved neighborhood.

UNION OCCUPATIONAL HEALTH CENTER, BUFFALO, NY Staff Physician, 1988 – 1990 Provided direct patient care for the evaluation of occupationally-related health disorders.

1988 – 1990

VETERANS ADMINISTRATION MEDICAL CENTER, BUFFALO, NY

1985 – 1990

Chief Outpatient Medical Section and Primary Care Clinic, 1986 – 1988 VA Section Head, Division of General Internal Medicine, University of Buffalo, 1986 – 1988
• Developed and implemented a major restructuring of the general medicine ambulatory care clinic to reduce fragmentation of care by introduction of a continuity-of-care model with a physician/nurse team approach.
Medical Director, Anticoagulation Clinic 1986 – 1990 Staff Physician, Emergency Department, 1985 – 1986

FACULTY APPOINTMENTS

2007 – present
1999 – present
1996 – 2002 1992 – 2002

Affiliate Assistant Professor, Department of Health Services, School of Public Health, University of Washington Clinical Professor, Fellowship in Applied Public Health (previously Volunteer Faculty, Preventive Medicine Residency), University at Albany School of Public Health
Volunteer Faculty, Office of the Dean of Students, University at Albany Associate Clinical/Associate/Assistant Professor of Medicine, Albany Medical College

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1993 – 1997 1990 – 1992 1985 – 1990 1982 – 1985

Clinical Associate Faculty, Graduate Program in Nursing, Sage Graduate School Instructor of Medicine, Indiana University Clinical Assistant Professor of Medicine, University of Buffalo Clinical Assistant Instructor of Medicine, University of Buffalo

2016 – present 2016 – present 2016 – 2017 2013 – present 2013 – 2016
2013 – present 2011 – 2012 2007 – present 2004 – 2006
2004 2003 – present
2001 – present 1999 – present
1999
1997 – 1998 1996 – 2002 1996 – 2002 1995 – 1998 1995
1994 – 1998
1993 1993
1988 – 1989
1987 – 1990 1987 – 1989
1987 – 1988 1987 1986 – 1988 1986 – 1988
1979 – 1980 1973 – 1975

OTHER PROFESSIONAL ACTIVITIES
Chair, Education Committee, Academic Consortium on Criminal Justice Health Washington State Institutional Review Board (“Prisoner Advocate” member) Mortality Reduction Workgroup, American Jail Association Conference Planning Committee – Medical/Mental Health Track, American Jail Association “Health in Prisons” course, Bloomberg School of Public Health, Johns Hopkins University/International Committee of the Red Cross Institutional Review Board, University of Washington (“Prisoner Advocate” member), Education Committee, National Commission on Correctional Health Care National Advisory Committee, COCHS (Community–Oriented Correctional Health Services) Fellow’s Advisory Committee, University of Washington Robert Wood Johnson Clinical Scholar
Program External Expert Panel to the Surgeon General on the “Call to Action on Correctional Health Care” Faculty Instructor, Critical Appraisal of the Literature Course, Family Practice Residency Program,
Providence St. Peter Hospital, Olympia, Washington Chair/Co-Chair, Education Committee, American College of Correctional Physicians Critical Appraisal of the Literature Course, Preventive Medicine Residency Program, New York State
Department of Health/University at Albany School of Public Health Co–Chairperson, Education Subcommittee, Workshop Submission Review Committee, Annual
Meeting, Society of General Internal Medicine Northeast US Representative, National Association of VA Ambulatory Managers Faculty Mentor, Journal Club, Internal Medicine Residency Program, Albany Medical College Faculty Advisor and Medical Control, 5 Quad Volunteer Ambulance Service, University at Albany Preceptor, MBA Internship, Union College Quality Assurance/Patient Satisfaction Subcommittee, VA National Curriculum Development
Committee for Implementation of Primary Care Practices, Veterans Administration Residency Advisory Committee, Preventive Medicine Residency, New York State Department of
Health/School of Public Health, University at Albany Chairperson, Dean's Task Force on Primary Care, Albany Medical College Task Group to develop curriculum for Comprehensive Care Case Study Course for Years 1 through 4,
Albany Medical College Teaching Effectiveness Program for New Housestaff, Graduate Medical Dental Education Consortium
of Buffalo Human Studies Review Committee, School of Allied Health Professions, University of Buffalo Chairman, Subcommittee on Hospital Management Issues and Member, Subcommittee on
Teaching of Ad Hoc Committee to Plan Incoming Residents Training Week, Graduate Medical Dental Education Consortium of Buffalo Dean's Ad Hoc Committee to Reorganize "Introduction to Clinical Medicine" Course Preceptor, Nurse Practitioner Training Program, School of Nursing, University of Buffalo Course Coordinator, Simulation Models Section of Physical Diagnosis Course, University of Buffalo Chairman, Service Chiefs' Continuity of Care Task Force, Veterans Administration Medical Center, Buffalo, New York Laboratory Teaching Assistant in Gross Anatomy, Université Libre de Bruxelles, Brussels, Belgium Instructor and Instructor Trainer of First Aid, American National Red Cross

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1972 – 1975 1972 – 1975

Chief of Service or Assistant Chief of Operations, 5 Quad Volunteer Ambulance Service, University at Albany.
Emergency Medical Technician Instructor and Course Coordinator, New York State Department of Health, Bureau of Emergency Medical Services

2019 – present 2015 – present 2015 – present
2011 – present 2010 – present 2010 – present 2001 – present 2001 – 2004 1996
1990 – 1992

REVIEWER/EDITOR Criminal Justice Review (reviewer) PLOS ONE (reviewer) Founding Editorial Board Member and Reviewer, Journal for Evidence-based Practice in Correctional Health, Center for Correctional Health Networks, University of Connecticut American Journal of Public Health (reviewer) International Advisory Board Member and Reviewer, International Journal of Prison Health Langeloth Foundation (grant reviewer) Reviewer and Editorial Board Member (2009 – present), Journal of Correctional Health Care Journal of General Internal Medicine (reviewer) Abstract Committee, Health Services Research Subcommittee, Annual Meeting, Society of General Internal Medicine (reviewer) Medical Care (reviewer)

EDUCATION
University at Albany, College of Arts and Sciences, Albany; B.S., 1975 (Biology) University at Albany, School of Education, Albany; AMST (Albany Math and Science Teachers) Teacher Education
Program, 1975 Université Libre de Bruxelles, Faculté de Medecine, Brussels, Belgium; Candidature en Sciences Medicales, 1980 University at Buffalo, School of Medicine, Buffalo; M.D., 1982 University at Buffalo Affiliated Hospitals, Buffalo; Residency in Internal Medicine, 1985 Regenstrief Institute of Indiana University, and Richard L. Roudebush Veterans Administration Medical Center; VA/NIH
Fellowship in Primary Care Medicine and Health Services Research, 1992 Indiana University, School of Health, Physical Education, and Recreation, Bloomington; M.P.H., 1992 New York Academy of Medicine, New York; Mini-fellowship Teaching Evidence-Based Medicine, 1999

CERTIFICATION
Provisional Teaching Certification for Biology, Chemistry, Physics, Grades 7–12, New York State Department of Education (expired), 1975
Diplomate, National Board of Medical Examiners, 1983 Diplomate, American Board of Internal Medicine, 1985 Fellow, American College of Physicians, 1991 License: Washington (#MD00041843, active); New York (#158327, inactive); Indiana (#01038490, inactive) “X” Waiver (buprenorphine), Department of Health & Human Services, 2018

2019 – present 2005 – 2016 2004 – 2006
2000 – present

MEMBERSHIPS Washington Association of Sheriffs and Police Chiefs American Correctional Association/Washington Correctional Association American College of Correctional Physicians (Member, Board of Directors, Chair Education Committee) American College of Correctional Physicians

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RECOGNITION B. Jaye Anno Award for Excellence in Communication, National Commission on Correctional Health Care. 2019 Award of Appreciation, Washington Association of Sheriffs and Police Chiefs. 2018 Armond Start Award of Excellence, American College of Correctional Physicians. 2010 (First) Annual Preventive Medicine Faculty Excellence Award, New York State Preventive Medicine Residency Program, University at Albany School of Public Health/New York State Department of Health. 2010 Excellence in Education Award for excellence in clinical teaching, Family Practice Residency Program, Providence St. Peter Hospital, Olympia, Washington. 2004 Special Recognition for High Quality Workshop Presentation at Annual Meeting, Society of General Internal Medicine. 1996 Letter of Commendation, House Staff Teaching, University of Buffalo. 1986
WORKSHOPS, SEMINARS, PRESENTATIONS, INVITED LECTURES
It’s the 21st Century – Time to Bid Farewell to “Sick Call” and “Chronic Care Clinic”. Annual Conference, National Commission on Correctional Health Care. Fort Lauderdale, Florida. 2019 HIV and Ethics – Navigating Medical Ethical Dilemmas in Corrections. Keynote Speech, 14th Annual HIV Care in the Correctional Setting. AIDS Education and Training Program (AETC) Mountain West, Olympia, Washington. 2019
Honing Nursing Skills to Keep Patients Safe in Jail. Orange County Jail Special Training Session (including San Bernardino and San Diego Jail Staffs), Theo Lacy Jail, Orange, California. 2019
What Would You Do? Navigating Medical Ethical Dilemmas. Leadership Training Academy, National Commission on Correctional Health Care. San Diego, California. 2019
Preventing Jail Deaths. Jail Death Review and Investigations: Best Practices Training Program, American Jail Association, Arlington, Virginia. 2018
How to Investigate Jail Deaths. Jail Death Review and Investigations: Best Practices Training Program, American Jail Association, Arlington, Virginia. 2018
Executive Manager Program in Correctional Health. 4-day training for custody/health care teams from jails and prisons on designing safe and efficient health care systems. National Institute for Corrections Training Facility, Aurora, Colorado, and other venues in Washington State. Periodically. 2014 – present
Medical Ethics in Corrections. Criminal Justice 441 – Professionalism and Ethical Issues in Criminal Justice. University of Washington, Tacoma. Recurring seminar. 2012 – present
Medical Aspects of Deaths in ICE Custody. Briefing for U.S. Senate staffers, Human Rights Watch. Washington, D.C. 2018
Jails’ Role in Managing the Opioid Epidemic. Panelist. Washington Association of Sheriffs and Police Chiefs Annual Conference. Spokane, Washington. 2018
Contract Prisons and Contract Health Care: What Do We Know? Behind Bars: Ethics and Human Rights in U.S. Prisons Conference. Center for Bioethics – Harvard Medical School/Human Rights Program – Harvard Law School. Boston, Massachusetts. 2017
Health Care Workers in Prisons. (With Dr. J. Wesley Boyd) Behind Bars: Ethics and Human Rights in U.S. Prisons Conference. Center for Bioethics – Harvard Medical School/Human Rights Program – Harvard Law School. Boston, Massachusetts. 2017
Prisons, Jails and Medical Ethics: Rubber, Meet Road. Grand Rounds. Touro Medical College. New York, New York. 2017
Jail Medical Doesn’t Have to Keep You Up at Night – National Standards, Risks, and Remedies. Washington Association of Counties. SeaTac, Washington. 2017
Prison and Jail Health Care: What do you need to know? Grand Rounds. Providence/St. Peters Medical Center. Olympia, Washington. 2017
Prison Health Leadership Conference. 2-Day workshop. International Corrections and Prisons Association/African Correctional Services Association/Namibian Corrections Service. Omaruru, Namibia. 2016; 2018

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What Would YOU Do? Navigating Medical Ethical Dilemmas. Spring Conference. National Commission on Correctional Health Care. Nashville, Tennessee. 2016
Improving Patient Safety. Spring Provider Meeting. Oregon Department of Corrections. Salem, Oregon 2016
A View from the Inside: The Challenges and Opportunities Conducting Cardiovascular Research in Jails and Prisons. Workshop on Cardiovascular Diseases in the Inmate and Released Prison Population. The National Heart, Lung, and Blood Institute. Bethesda, Maryland. 2016
Why it Matters: Advocacy and Policies to Support Health Communities after Incarceration. At the Nexus of Correctional Health and Public Health: Policies and Practice session. Panelist. American Public Health Association Annual Meeting. Chicago, Illinois. 2015
Hot Topics in Correctional Health Care. Presented with Dr. Donald Kern. American Jail Association Annual Meeting. Charlotte, North Carolina. 2015
Turning Sick Call Upside Down. Annual Conference. National Commission on Correctional Health Care. Dallas, Texas, 2015.
Diagnostic Maneuvers You May Have Missed in Nursing School. Annual Conference. National Commission on Correctional Health Care. Dallas, Texas. 2015
The Challenges of Hunger Strikes: What Should We Do? What Shouldn’t We Do? Annual Conference. National Commission on Correctional Health Care. Dallas, Texas. 2015
Practical and Ethical Approaches to Managing Hunger Strikes. Annual Practitioners’ Conference. Washington Department of Corrections. Tacoma, Washington. 2015
Contracting for Health Services: Should I, and if so, how? American Jail Association Annual Meeting. Dallas, Texas. 2014
Hunger Strikes: What should the Society of Correctional Physician’s position be? With Allen S, May J, Ritter S. American College of Correctional Physicians (Formerly Society of Correctional Physicians) Annual Meeting. Nashville, Tennessee. 2013
Addressing Conflict between Medical and Security: an Ethics Perspective. International Corrections and Prison Association Annual Meeting. Colorado Springs, Colorado. 2013
Patient Safety and ‘Right Using’ Nurses. Keynote address. Annual Conference. American Correctional Health Services Association. Philadelphia, Pennsylvania. 2013
Patient Safety: Overuse, underuse, and misuse…of nurses. Keynote address. Essentials of Correctional Health Care conference. Salt Lake City, Utah. 2012
The ethics of providing healthcare to prisoners-An International Perspective. Global Health Seminar Series. Department of Global Health, University of Washington, Seattle, Washington. 2012
Recovery, Not Recidivism: Strategies for Helping People Who are Incarcerated. Panelist. NAMI Annual Meeting, Seattle, Washington, 2012
Ethics and HIV Workshop. HIV/AIDS Care in the Correctional Setting Conference, Northwest AIDS Education and Training Center. Salem, Oregon. 2011
Ethics and HIV Workshop. HIV/AIDS Care in the Correctional Setting Conference, Northwest AIDS Education and Training Center. Spokane, Washington. 2011
Patient Safety: Raising the Bar in Correctional Health Care. With Dr. Sharen Barboza. National Commission on Correctional Health Care Mid-Year Meeting, Nashville, Tennessee. 2010
Patient Safety: Raising the Bar in Correctional Health Care. American Correctional Health Services Association, Annual Meeting, Portland, Oregon. 2010
Achieving Quality Care in a Tough Economy. National Commission on Correctional Health Care Mid-Year Meeting, Nashville, Tennessee, 2010 (Co-presented with Rick Morse and Helena Kim, PharmD.)
Involuntary Psychotropic Administration: The Harper Solution. With Dr. Bruce Gage. American Correctional Health Services Association, Annual Meeting, Portland, Oregon. 2010
Evidence Based Decision Making for Non-Clinical Correctional Administrators. American Correctional Association 139th Congress, Nashville, Tennessee. 2009
Death Penalty Debate. Panelist. Seattle University School of Law, Seattle, Washington. 2009

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The Patient Handoff – From Custody to the Community. Washington Free Clinic Association, Annual Meeting, Olympia, Washington. Lacey, Washington. 2009
Balancing Patient Advocacy with Fiscal Restraint and Patient Litigation. National Commission on Correctional Health Care and American College of Correctional Physicians “Medical Directors Boot Camp,” Seattle, Washington. 2009
Staff Management. National Commission on Correctional Health Care and American College of Correctional Physicians “Medical Directors Boot Camp,” Seattle, Washington. 2009
Management Dilemmas in Corrections: Boots and Bottom Bunks. Annual Meeting, American College of Correctional Physicians, Chicago, Illinois. 2008
Public Health and Correctional Health Care. Masters Program in community–based population focused management – Populations at risk, Washington State University, Spokane, Washington. 2008
Managing the Geriatric Population. Panelist. State Medical Directors’ Meeting, American Corrections Association, Alexandria, Virginia. 2007
I Want to do my own Skin Biopsies. Annual Meeting, American College of Correctional Physicians, New Orleans, Louisiana. 2005
Corrections Quick Topics. Annual Meeting, American College of Correctional Physicians. Austin, Texas. 2003
Evidence Based Medicine in Correctional Health Care. Annual Meeting, National Commission on Correctional Health Care. Austin, Texas. 2003
Evidence Based Medicine. Excellence at Work Conference, Empire State Advantage. Albany, New York. 2002
Evidence Based Medicine, Outcomes Research, and Health Care Organizations. National Clinical Advisory Group, Integrail, Inc., Albany, New York. 2002
Evidence Based Medicine. With Dr. LK Hohmann. The Empire State Advantage, Annual Excellence at Work Conference: Leading and Managing for Organizational Excellence, Albany, New York. 2002
Taking the Mystery out of Evidence Based Medicine: Providing Useful Answers for Clinicians and Patients. Breakfast Series, Institute for the Advancement of Health Care Management, School of Business, University at Albany, Albany, New York. 2001
Diagnosis and Management of Male Erectile Dysfunction – A Goal–Oriented Approach. Society of General Internal Medicine National Meeting, San Francisco, California. 1999
Study Design and Critical Appraisal of the Literature. Graduate Medical Education Lecture Series for all housestaff, Albany Medical College, Albany, New York. 1999 Male Impotence: Its Diagnosis and Treatment in the Era of Sildenafil. 4th Annual CME Day, Alumni Association of the Albany–Hudson Valley Physician Assistant Program, Albany, New York. 1998
Models For Measuring Physician Productivity. Panelist. National Association of VA Ambulatory Managers National Meeting, Memphis, Tennessee. 1997
Introduction to Male Erectile Dysfunction and the Role of Sildenafil in Treatment. Northeast Regional Meeting Pfizer Sales Representatives, Manchester Center, Vermont. 1997
Male Erectile Dysfunction. Topics in Urology, A Seminar for Primary Healthcare Providers, Bassett Healthcare, Cooperstown, New York. 1997
Evaluation and Treatment of the Patient with Impotence: A Practical Primer for General Internists. Society of General Internal Medicine National Meeting, Washington D.C. 1996
Impotence: An Update. Department of Medicine Grand Rounds, Albany Medical College, Albany, New York. 1996
Diabetes for the EMT First–Responder. Five Quad Volunteer Ambulance, University at Albany. Albany, New York. 1996
Impotence: An Approach for Internists. Medicine Grand Rounds, St. Mary's Hospital, Rochester, New York. 1994
Male Impotence. Common Problems in Primary Care Precourse. American College of Physicians National Meeting, Miami, Florida. 1994
Patient Motivation: A Key to Success. Tuberculosis and HIV: A Time for Teamwork. AIDS Program, Bureau of Tuberculosis Control – New York State Department of Health and Albany Medical College, Albany, New York. 1994

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Recognizing and Treating Impotence. Department of Medicine Grand Rounds, Albany Medical College, Albany, New York. 1992
Medical Decision Making: A Primer on Decision Analysis. Faculty Research Seminar, Department of Family Practice, Indiana University, Indianapolis, Indiana. 1992
Effective Presentation of Public Health Data. Bureau of Communicable Diseases, Indiana State Board of Health, Indianapolis, Indiana. 1991
Impotence: An Approach for Internists. Housestaff Conference, Department of Medicine, Indiana University, Indianapolis, Indiana. 1991
Using Electronic Databases to Search the Medical Literature. NIH/VA Fellows Program, Indiana University, Indianapolis, Indiana. 1991
Study Designs Used in Epidemiology. Ambulatory Care Block Rotation. Department of Medicine, Indiana University, Indianapolis, Indiana. 1991
Effective Use of Slides in a Short Scientific Presentation. Housestaff Conference, Department of Medicine, Indiana University, Indianapolis, Indiana. 1991
Impotence: A Rational and Practical Approach to Diagnosis and Treatment for the General Internist. Society of General Internal Medicine National Meeting, Washington D.C. 1991
Nirvana and Audio–Visual Aids. With Dr. RM Lubitz. Society of General Internal Medicine, Midwest Regional Meeting, Chicago. 1991
New Perspectives in the Management of Hypercholesterolemia. Medical Staff, West Seneca Developmental Center, West Seneca, New York. 1989
Effective Use of Audio–Visual Aids. Nurse Educators, American Diabetes Association, Western New York Chapter, Buffalo, New York. 1989
Management of Diabetics in the Custodial Care Setting. Medical Staff, West Seneca Developmental Center, West Seneca, New York, 1989
Effective Use of Audio–Visuals in Diabetes Peer and Patient Education. American Association of Diabetic Educators, Western New York Chapter, Buffalo, New York. 1989
Pathophysiology, Diagnosis and Care of Diabetes. Nurse Practitioner Training Program, School of Nursing, University of Buffalo, Buffalo, New York. 1989
Techniques of Large Group Presentations to Medical Audiences – Use of Audio–Visuals. New Housestaff Training Program, Graduate Medical Dental Education Consortium of Buffalo, Buffalo, New York. 1988

PUBLICATIONS/ABSTRACTS
Borschmann, R, Tibble, H, Spittal, MJ, … Stern, MF, Viner, KM, Wang, N, Willoughby, M, Zhao, B, and Kinner, SA. The Mortality After Release from Incarceration Consortium (MARIC): Protocolfor a multi-national, individual participant data meta-analysis. Int. J of Population Data Science 2019 5(1):6
Binswanger IA, Maruschak LM, Mueller SR, Stern MF, Kinner SA. Principles to Guide National Data Collection on the Health of Persons in the Criminal Justice System. Public Health Reports 2019 134(1):34S-45S
Stern M. Hunger Strike: The Inside Medicine Scoop. American Jails 2018 32(4):17-21
Grande L, Stern M. Providing Medication to Treat Opioid Use Disorder in Washington State Jails. Study conducted for Washington State Department of Social and Health Services under Contract 1731-18409. 2018.
Stern MF, Newlin N. Epicenter of the Epidemic: Opioids and Jails. American Jails 2018 32(2):16-18
Stern MF. A nurse is a nurse is a nurse…NOT! Guest Editorial, American Jails 2018 32(2):4,68
Wang EA, Redmond N, Dennison Himmelfarb CR, Pettit B, Stern M, Chen J, Shero S, Iturriaga E, Sorlie P, Diez Roux AV. Cardiovascular Disease in Incarcerated Populations. Journal of the American College of Cardiology 2017 69(24):2967-76
Mitchell A, Reichberg T, Randall J, Aziz-Bose R, Ferguson W, Stern M. Criminal Justice Health Digital Curriculum. Poster, Annual Academic and Health Policy Conference on Correctional Health, Atlanta, Georgia, March, 2017

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Stern MF. Patient Safety (White Paper). Guidelines, Management Tools, White Papers, National Commission on Correctional Health Care. http://www.ncchc.org/filebin/Resources/Patient-Safety-2016.pdf. June, 2016
Binswanger IA, Stern MF, Yamashita TE, Mueller SR, Baggett TP, Blatchford PJ. Clinical risk factors for death after release from prison in Washington State: a nested case control study. Addiction 2015 Oct 17
Stern MF. Op-Ed on Lethal Injections. The Guardian 2014 Aug 6
Stern MF. American College of Correctional Physicians Calls for Caution Placing Mentally Ill in Segregation: An Important Band-Aid. Guest Editorial. Journal of Correctional Health Care 2014 Apr; 20(2):92-94
Binswanger I, Blatchford PJ, Mueller SR, Stern MF. Mortality After Prison Release: Opioid Overdose and Other Causes of Death, Risk Factors, and Time Trends From 1999 to 2009. Annals of Internal Medicine 2013 Nov; 159(9):592-600
Williams B, Stern MF, Mellow J, Safer M, Greifinger RB. Aging in Correctional Custody: Setting a policy agenda for older prisoner health care. American Journal of Public Health 2012 Aug; 102(8):1475-1481
Binswanger I, Blatchford PJ, Yamashita TE, Stern MF. Drug-Related Risk Factors for Death after Release from Prison: A Nested Case Control Study. Oral Presentation, University of Massachusetts 4th Annual Academic and Health Policy Conference on Correctional Healthcare, Boston, Massachusetts, March, 2011
Binswanger I, Blatchford PJ, Forsyth S, Stern MF, Kinner SA. Death Related to Infectious Disease in Ex-Prisoners: An International Comparative Study. Oral Presentation, University of Massachusetts 4th Annual Academic and Health Policy Conference on Correctional Healthcare, Boston, Massachusetts, March, 2011
Binswanger I, Lindsay R, Stern MF, Blatchford P. Risk Factors for All-Cause, Overdose and Early Deaths after Release from Prison in Washington State Drug and Alcohol Dependence. Drug and Alcohol Dependence Aug 1 2011;117(1):1-6
Stern MF, Greifinger RB, Mellow J. Patient Safety: Moving the Bar in Prison Health Care Standards. American Journal of Public Health November 2010;100(11):2103-2110
Strick LB, Saucerman G, Schlatter C, Newsom L, Stern MF. Implementation of Opt-Out HIV testing in the Washington State Department of Corrections. Poster Presentation, National Commission on Correctional Health Care Annual Meeting, Orlando, Florida, October, 2009
Binswanger IA, Blatchford P, Stern MF. Risk Factors for Death After Release from Prison. Society for General Internal Medicine 32nd Annual Meeting; Miami: Journal of General Internal Medicine; April 2009. p. S164-S95
Stern MF. Force Feeding for Hunger Strikes – One More Step. CorrDocs Winter 2009;12(1):2
Binswanger I, Stern MF, Deyo RA, Heagerty PJ, Cheadle A, Elmore JG, Koepsell TD. Release from Prison – A High Risk of Death for Former Inmates. New England Journal of Medicine 2007 Jan 11;356(2):157–165
Stern MF, Hilliard T, Kelm C, Anderson E. Epidemiology of Hepatitis C Infection in the Washington State Department of Corrections. Poster Presentation, CDC/NIH ad hoc Conference on Management of Hepatitis C in Prisons, San Antonio, Texas, January, 2003
Phelps KR, Stern M, Slingerland A, Heravi M, Strogatz DS, Haqqie SS. Metabolic and skeletal effects of low and high doses of calcium acetate in patients with preterminal chronic renal failure. Am J Nephrol 2002 Sep–Dec;22(5–6):445–54
Goldberg L, Stern MF, Posner DS. Comparative Epidemiology of Erectile Dysfunction in Gay Men. Oral Presentation, International Society for Impotence Research Meeting, Amsterdam, The Netherlands, August 1998. Int J Impot Res. 1998;10(S3):S41 [also presented as oral abstract Annual Meeting, Society for the Study of Impotence, Boston, Massachusetts, October, 1999. Int J Impot Res. 1999;10(S1):S65]
Stern MF. Erectile Dysfunction in Older Men. Topics in Geriatric Rehab 12(4):40–52, 1997. [republished in Geriatric Patient Education Resource Manual, Supplement. Aspen Reference Group, Eds. Aspen Publishers, Inc., 1998]
Stern MF, Wulfert E, Barada J, Mulchahy JJ, Korenman SG. An Outcomes–Oriented Approach to the Primary Care Evaluation and Management of Erectile Dysfunction. J Clin Outcomes Management 5(2):36–56, 1998
Fihn SD, Callahan CM, Martin D, et al.; for the National Consortium of Anticoagulation Clinics.* The Risk for and Severity of Bleeding Complications in Elderly Patients Treated with Warfarin. Ann Int Med. 1996;124:970–979
Fihn SD, McDonell M, Martin D, et al.; for the Warfarin Optimized Outpatient Follow–up Study Group.* Risk Factors for Complications of Chronic Anticoagulation. Ann Int Med. 1993;118:511–520. (*While involved in the original proposal development and project execution, I was no longer part of the group at the time of this publication)
Stern MF, Dittus RS, Birkhead G, Huber R, Schwartz J, Morse D. Cost–Effectiveness of Hepatitis B Immunization Strategies for High Risk People. Oral Presentation, Society of General Internal Medicine National Meeting, Washington, D.C., May 1992. Clin Res 1992

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Fihn SD, McDonell MB, Vermes D, Martin D, Kent DL, Henikoff JG, and the Warfarin Outpatient Follow–up Study Group. Optimal Scheduling of Patients Taking Warfarin. A Multicenter Randomized Trial. Oral Presentation, Society of General Internal Medicine National Meeting, Washington, D.C., May 1992. Clin Res 1992
Fihn SD, McDonnell MB, Vermes D, Kent DL, Henikoff JG, and the Warfarin Anticoagulation Study Group. Risk Factors for Complications During Chronic Anticoagulation. Poster Presentation, Society of General Internal Medicine National Meeting, Seattle, May 1991
Pristach CA, Donoghue GD, Sarkin R, Wargula C, Doerr R, Opila D, Stern M, Single G. A Multidisciplinary Program to Improve the Teaching Skills of Incoming Housestaff. Acad Med. 1991;66(3):172–174
Stern MF. Diagnosing Chlamydia trachomatis and Neisseria gonorrhea Infections. (letter) J Gen Intern Med. 1991;6:183
Stern MF, Fitzgerald JF, Dittus RS, Tierney WM, Overhage JM. Office Visits and Outcomes of Care: Does Frequency Matter? Poster Presentation, Society of General Internal Medicine Annual Meeting, Seattle, May 1991. Clin Res 1991;39:610A
Stern MF. Cobalamin Deficiency and Red Blood Cell Volume Distribution Width. (letter) Arch Intern Med. 1990;150:910
Stern M, Steinbach B. Hypodermic Needle Embolization to the Heart. NY State J Med. 1990;90(7):368–371
Stern MF, Birkhead G, Huber R, Schwartz J, Morse D. Feasibility of Hepatitis B Immunization in an STD Clinic. Oral Presentation, American Public Health Association Annual Meeting, Atlanta, November 1990

EXPERT TESTIMONY Pajas v. County of Monterey, et al. US District Court for the Northern District of California, 2019 (trial) Dockery, et al. v. Hall et al. US District Court for the Southern District of Mississippi Northern Division, 2018 (trial) Benton v. Correct Care Solutions, et al. US District Court for the District of Maryland, 2018 (deposition) Pajas v. County of Monterey, et al. US District Court Northern District of California, 2018 (deposition) Walter v. Correctional Healthcare Companies, et al. US District Court, District of Colorado, 2017 (deposition) Winkler v. Madison County, Kentucky, et al. US District Court, Eastern District of Kentucky, Central Division at Lexington, 2016 (deposition) US v. Miami-Dade County, et al. US District Court, Southern District of Florida, periodically 2014 - 2016

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EXHIBIT X

Case 5:17-cv-02514-JGB-SHK Document 260-24 Filed 04/12/20 Page 2 of 7 Page ID #:5706

WILLIAM FREEMAN (SBN 82002) 1 wfreeman@aclunc.org

MANOHAR RAJU Public Defender

SEAN RIORDAN (SBN 255752) 2 sriordan@aclunc.org

MATT GONZALEZ Chief Attorney

ANGÉLICA SALCEDA (SBN 296152) 3 asalceda@aclunc.org

FRANCISCO UGARTE (CA SBN 241710) francisco.ugarte@sfgov.orga

AMERICAN CIVIL LIBERTIES UNION 4 FOUNDATION OF NORTHERN

GENNA ELLIS BEIER (CA SBN 300505) genna.beier@sfgov.org

CALIFORNIA 5 39 Drumm Street

EMILOU H. MACLEAN (CA SBN 319071) emilou.maclean@sfgov.org

San Francisco, CA 94111 6 Telephone: (415) 621-2493

OFFICE OF THE PUBLIC DEFENDER SAN FRANCISCO

Facsimile: (415) 255-8437 7

555 Seventh Street San Francisco, CA 94103

Attorneys for Petitioners-Plaintiffs

Direct: 415-553-9319

8 Additional Counsel Listed on Following Page Fax: 415-553-9810

9

10

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

11

SAN FRANCISCO DIVISION

12 SOFIA BAHENA ORTUÑO, et al.
13 Petitioners-Plaintiffs,
14 v.
15 DAVID JENNINGS, et al.
16 Respondents-Defendants.
17

Case No.
DECLARATION OF JUAN CARLOS MINCHACA RAMOS IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

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DECLARATION OF JUAN CARLOS MINCHACA RAMOS IN SUPPORT OF PETITION FOR HABEAS CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

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BREE BERNWANGER (NY SBN 5036397) ** JORDAN WELLS (SBN 326491)

1 bbernwanger@lccrsf.org

jwells@aclusocal.org

TIFANEI RESSL-MOYER (SBN 319721) * 2 tresslmoyer@lccrsf.org

STEPHANIE PADILLA (SBN 321568) spadilla@aclusocal.org

HAYDEN RODARTE (SBN 329432)* 3 hrodarte@lccrsf.org

MICHAEL KAUFMAN (SBN 254575) mkaufman@aclusocal.org

LAWYERS’ COMMITTEE FOR CIVIL

AMERICAN CIVIL LIBERTIES UNION

4 RIGHTS OF SAN FRANCISCO BAY AREA FOUNDATION OF SOUTHERN

131 Steuart St #400 5 San Francisco, CA 94105

CALIFORNIA 1313 West Eighth Street

Telephone: (415) 814-7631 6

Los Angeles, CA 90017 Telephone: (213) 977-9500

JUDAH LAKIN (SBN 307740) 7 judah@lakinwille.com

Facsimile: (213) 977-5297

AMALIA WILLE (SBN 293342) 8 amalia@lakinwille.com

Attorneys for Petitioners-Plaintiffs *Admission to the bar of this Court Pending

LAKIN & WILLE LLP 9 1939 Harrison Street, Suite 420

**Motion for Admission Pro Hac Vice Forthcoming

Oakland, CA 94612 10 Telephone: (510) 379-9216

Facsimile: (510) 379-9219 11

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2 DECLARATION OF JUAN CARLOS MINCHACA RAMOS IN SUPPORT OF PETITION FOR HABEAS
CORPUS AND MOTION FOR TEMPORARY RESTRAINING ORDER

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1 1. My name is Juan Carlos Minchaca Ramos and I am 44 years old. I am a citizen of 2 Mexico. My A Number is 200-865-245. My mother and my two daughters, ages 12 and 13, are 3 U.S. citizens. 4 2. I submit this declaration in support of a multi-plaintiff petition for a writ of habeas corpus 5 in federal court based on the risks that I and others face because of COVID-19. 6 3. I have been detained at Mesa Verde ICE Processing Facility (Mesa Verde) since 7 December 19, 2019, when ICE arrested me after I completed my state prison sentence. I was 8 convicted of having sex with someone underage more than four years ago. 9 4. My immigration case is currently before Immigration Judge Nelson. I am afraid to go 10 back to Mexico and I am asking for asylum, withholding of removal, and protection under the 11 Convention Against Torture. I am also eligible for a green card though my U.S. citizen mother, 12 who already filed a petition for me. I will be asking the Immigration Judge to grant my 13 application for adjustment of status with a waiver. My daughters would face great hardship if I 14 were deported. My eldest daughter, Melanie, age 13, has a learning disability and is in Special 15 Education at school. My younger daughter, Jasyln, age 12, has had health problems in the past 16 including the removal of tumors from her ovaries as well as the removal of her ovary. 17 5. My next master calendar hearing before the Immigration Judge is currently scheduled for 18 March 31, 2020. That date is for me to submit my application for a waiver. I am represented in 19 my case by Jennifer Friedman from the San Francisco Public Defenders Office. 20 6. I am currently sick and have not received adequate medical attention at Mesa Verde, in 21 light of COVID-19. I started to not feel well on Thursday, March 12th. On Friday, March 13th, 22 I told one of the officials that I was ill and had a fever. They told me to put in a request, but that 23 it takes three days to process and there was nothing he could. I asked if he could make it a 24 priority since I was worried about Coronavirus, but they said no. I submitted the medical request 25 on Saturday March 14th. I resubmitted it again on Sunday March 15th saying I was really sick. 26 7. On Monday, March 16th, they called me to medical for a check-up. I informed the nurse 27 that I had a fever, a runny nose, body aches, chills, and that my whole body was sore. The nurse 28
3 DECLARATION OF JUAN CARLOS MINCHACA RAMOS IN SUPPORT OF PETITION FOR HABEAS
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1 checked me and said I was fine, that it was just the regular flu. Although I was told that I didn’t 2 have a temperature then, I felt like I had had one the night before. They did not test me for the 3 coronavirus. I asked about coronavirus, and they said not to worry about it. The nurse gave me 4 a pill for allergies, as well as Tylenol. She didn’t say anything about being careful or precautions 5 I should take, but rather she just sent me back to my bunk with everyone else. I asked her for a 6 mask, and she said they didn’t have any. 7 8. The next day, the medication nurse gave me 2 Tylenols and the allergy pill. I’ve been 8 taking that ever since, two times a day, but my symptoms have not improved. 9 9. I submitted another medical request because of a rash I have on the back of my head, on 10 my scalp, neck, and back. The day after my check-up, I was called in again by the nurse. I had 11 seen the doctor about the rash previously, before I got sick with the flu, and they gave me 12 antibiotics. They called me for a follow-up on the rash because it wasn’t going away, and they 13 called me back in. The rash itches and white liquid is coming out. I’ve never had anything like 14 this, I think it’s a result of the lack of hygiene in here. They gave me the antibiotic for the rash. 15 10. Since my check-up, they haven’t called me back for a follow-up. They haven’t taken my 16 temperature again, or checked my other symptoms which I still have. 17 11. They said they were going to start testing us for the coronavirus, but they haven’t. They 18 aren’t doing anything. I don’t know if I have coronavirus or not. 19 12. I’m in the D Dorm and there are about 80 or 90 people in here, and we are all housed 20 very close together. Mesa Verde staff comes and goes. There is no way to stay away from 21 people. Everywhere you go, there are people. They are still bringing new people in here from 22 the outside. As soon as they deport 5 or 6 people, they replace them right away. All the people 23 around me, plus the constant movement of people in and out make it impossible to control who is 24 around me. 25 13. Last week, all those in my dorm got together and wrote a group letter to GEO saying that 26 it doesn’t make sense that they cancelled our family visits, yet they aren’t taking the precautions 27 necessary to protect us from the coronavirus. In our letter we highlighted our concern that there 28
4 DECLARATION OF JUAN CARLOS MINCHACA RAMOS IN SUPPORT OF PETITION FOR HABEAS
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1 are all kinds of people coming into our dorm, new detainees as well as the constant movement of 2 Mesa Verde staff, that can expose us to the coronavirus. They never responded to our letter. We 3 are very worried about these new detainees from the outside. I’ve talked to the new detainees 4 who are arriving, they are coming from the street and the detention center just checks their vitals 5 before they come into the dorms—they aren’t testing for the coronavirus and they could be 6 carrying it. 7 14. I work to help clean the dorm, the cabinets, phones, floors. I do it five days a week. But 8 I am not able to disinfect everything, we try our best to keep it clean but with all the people 9 coming in and out, I know it is not enough. 10 15. I do not feel like my health is safe here because of the coronavirus and these rashes that I 11 have. They aren’t paying close enough attention to my health and the treatment they are giving 12 me isn’t enough. I don’t think it’s safe. My bed is two feet from other beds in all directions, so 13 there is no way to stay six feet away from people. 14 16. I’ve had the flu for over a week now and I’m still sick. I feel the worst right around the 15 evening, I feel like I have a fever at night every night. Sometimes I sweat a lot during the 16 nighttime; so much that I have to change my shirt because I’m soaked in my own sweat. I feel 17 like my tonsils are swollen. My throat hurts a lot at night and in the morning. My bones hurt 18 inside, and sometimes at night I cough. 19 17. I would feel much safer if I returned home pending the outcome of my case. If I were 20 released, I would stay with my cousin in Montclair, CA. I would comply with my probation 21 requirements, including all necessary monitoring. 22 18. If I were at home, I would be able to limit my contact with other people. If a doctor told 23 me that I needed to self-isolate at home, I could have my own room and my own restroom to 24 avoid contact with others until I receive clearance from health professionals. I would be more 25 than willing to follow any instructions or orders in place regarding social distancing from others, 26 and sheltering in place. 27 28
5 DECLARATION OF JUAN CARLOS MINCHACA RAMOS IN SUPPORT OF PETITION FOR HABEAS
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1

2

Affirmation

3

I, Jennifer T. Friedman, certify that on March 20, 2020, Mr. Juan Carlos Minchaca Ramos

4

relayed the information herein to me in English while I transcribed it. I then read the

foregoing to Mr. Minchaca and that he affirmed that the foregoing is true and correct. I have

5

not been able to obtain a signature from Mr. Minchaca because Mesa Verde Detention

Facility is located approximately six hours’ drive from my home, and at the time I reviewed

6

the foregoing declaration with him, the county where I reside was, and remains, under a

7

“shelter in place” order.

s/ Jennifer T. Friedman

8 Jennifer T. Friedman

9

Deputy Public Defender, Immigration Unit

San Francisco Public Defender

10

San Francisco, CA 94103

11

jennifer.friedman@sfgov.org

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6 DECLARATION OF JUAN CARLOS MINCHACA RAMOS IN SUPPORT OF PETITION FOR HABEAS
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EXHIBIT Y

Case 5:1C7a-csve-042:1591-4c-vJ-G06B1-S23H-KDMDRocDumoceunmt 2e6n0t -2235-2 FiFleilded040/41/20/32/020 PPagaege21ofo3f 2 Page ID #:5713
SECOND DECLARATION OF CLAUDE BENT
1. My name is Claude Bent. I am providing this declaration to describe the conditions I am facing in detention right now. I am very afraid for my health and my life because of the COVID-19 virus.
2. I am detained in Mesa Verde Detention Facility in Pod C, which is a dormitory section that has room for 100 men. This morning I checked how many people there are, and there are 91 men in the pod. My lawyer has told me that I should do everything I can to stay far apart from people, especially people who are coughing, but that is impossible here. The pod is crowded, and when we all go to eat, it is even more crowded—we are all so close together we are almost touching. In the past few days, I have heard a lot of coughing from other men in the pod, which scares me a lot. I have tried to stay positive, but lately it feels like we are trapped in a death box.
3. My asthma is pretty bad. I have noticed that when I talk on the phone for more than a few minutes, my voice feels strained and it is harder for me to breathe. I am scared of what could happen to me if I become very sick, since in the past when I have been sick and asked for medical attention, it has usually taken three or four days before I received this attention.
4. I have seen a few changes here because of COVID-19, but these changes do not give me confidence that I am safe here. A few days ago, a nurse came by with a small machine to take all of our temperatures. She rubbed the machine up against my forehead, right after I saw her do the same thing to the detainee whose temperature she took before mine. She did not even wipe the machine off between us. I told her I did not think she was supposed to actually touch the machine to my head, and she smiled and said that I was probably right. This scared me, since if anyone who had their temperature taken before me had the virus, I would be in even more risk now. This makes me think that even the medical staff here is not taking the virus seriously. I have also seen a few staff members wearing masks, but not many people. Detainees do not have masks.
5. Other detainees and I are very scared, and we have asked for supplies to help make us safer, like hand sanitizer and liquid soap. We have not been given either of these supplies though.

Case 5:1C7a-csve-042:1591-4c-vJ-G06B1-S23H-KDMDRocDumoceunmt 2e6n0t -2235-2 FiFleilded040/41/20/32/020 PPagaege32ofo3f 2 Page ID #:5714
Certificate of Interpretation and Affirmation I, Evelyn Wiese, certify that on April 2, 2020, I read the foregoing to Claude Bent and that he affirmed that the foregoing is true and correct. I have not been able to obtain a signature from Mr. Bent because the Mesa Verde Detention Facility is located approximately six hours away from my home by car, and at the time I reviewed the foregoing declaration with him, the county where I reside was, and remains, under a “shelter in place” order. /s/ Evelyn Wiese Evelyn Wiese Staff Attorney Central American Resource Center (CARECEN SF) San Francisco, CA 94110 evelynw@carecensf.org

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EXHIBIT Z

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EXHIBIT AA

Case 5:17-cv-02514-JGB-SHK Document 260-27 Filed 04/12/20 Page 2 of 4 Page ID #:5721

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
THE GEO GROUP, INC.,
Defendant.

Case No.: 5:17-cv-02514-JGB-SHK
Assigned to Hon. Jesus G. Bernal
DECLARATION OF TATIANA OBANDO, ESQ. IN SUPPORT OF PLAINTIFFS’ REPLY TO DEFENDANT’S OPPOSITION TO PLAINTIFFS’ EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER

DECLARATION OF TATIANA OBANDO, ESQ. I, Tatiana Obando, hereby declare under the penalty of perjury pursuant to 28 U.S.C. § 1746:
1. I am a Managing Attorney at the Refugee and Immigrant Center for Education and Legal Services (RAICES) in Houston, Texas. In this capacity, I supervise RAICES attorneys, legal workers, and staff who provide immigration legal services to migrants and refugees detained at The GEO Group, Inc. (GEO)’s Montgomery ICE Processing Center (hereafter “Montgomery”) and Joe Corley Detention Facility (hereafter “Corley”), both of which are located in Conroe, Texas.
2. RAICES operates with four attorneys at the facility who weekly visit the facility to meet with clients. We have met with clients in visitation rooms that allow us contact with them. However, due to the current pandemic, we have started meeting with clients through telephone.

CHRONIC SHORTAGES OF BASIC NECESSITIES PLAGUE GEO’S FACILITIES

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3. Our clients have uniformly reported severe shortages of the basic necessities required to maintain their hygienic and sanitary living conditions at the Montgomery, and Corley facilities.
4. Specifically, at both facilities, we have received persistent complaints of inadequate supplies of soap, sanitizer, shampoo, disinfectant, they have complained that there is no possibility of safe social distancing and lack of masks, in spite of having detainees who have tested positive at their dorms.
CLASS MEMBERS CANNOT SOCIALLY DISTANCE IN GEO’S FACILITIES 5. Class Members at Montgomery, and Corley are physically unable to maintain social distancing guidelines recommended by the CDC. That is because each facility imprisons individuals in congregate environments: They are either confined in small cells with 1-3 other detained immigrants, only to congregate with 60-120 others during recreation or mealtime, or because they live in large, open-air dorms with bunk beds only feet apart. RAICES attorneys have observed conditions on tours inside the living areas of these each facilities. 6. Making matters even more dangerous for our clients and other Class Members, GEO continues to accept newly admitted detained immigrants at each facility, and has failed to conduct sustained medical surveillance and testing of the human beings in its care. GEO DENIES CLASS MEMBERS PPE WHEN THEY CLEAN COMMON AREAS 7. Despite the demonstrated risk of contracting COVID-19 from dirty surfaces, GEO continues to require detained immigrants at the Montgomery, and Corley facilities to clean and sanitize their common living areas. 8. At these Texas GEO facilities, our clients have demanded GEO provide them with personal protective equipment such as masks, gloves, and eyewear to minimize their risk of infection. GEO has consistently denied those demand, and met any attempts by detainees to cease working until these demands are met with brutal force.

Case 5:17-cv-02514-JGB-SHK Document 260-27 Filed 04/12/20 Page 4 of 4 Page ID #:5723
9. GEO guards continue to enter and exit living areas without consistently using masks, gloves, or other PPE, thus risking exposure and asymptomatic spread of COVID-19 to the detainees.
10. If given a meaningful choice, Class Members at Montgomery, and Corley would not continue to risk illness or death to keep GEO’s property clean and sanitary for no pay, under threat of solitary confinement and other sanctions.
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on April 11, 2020 in Houston, Texas.
____________________________________ Tatiana Obando, Esq. Managing Attorney – RAICES

 
 Case 5:17-cv-02514-JGB-SHK Document 262 Filed 04/13/20 Page 1 of 2 Page ID #:5724

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1 AKERMAN LLP

MICHAEL L. GALLION (SBN 189128)

2 DAVID VAN PELT (SBN 163690)

ASHLEY BOBO (SBN 312714)

3 601 West Fifth Street, Suite 300

Los Angeles, California 90071

4 Telephone: (213) 688-9500

Facsimile: (213) 627-6342

5 Email: michael.gallion@akerman.com

david.vanpelt@akerman.com

6

ashley.bobo@akerman.com

7 COLIN L. BARNACLE (admitted pro hac vice)

ADRIENNE SCHEFFEY (admitted pro hac vice)

8 ASHLEY E. CALHOUN (SBN 270530)

1900 Sixteenth Street, Suite 1700

9 Denver, Colorado 80202

Telephone: (303) 260-7712

10 Facsimile: (303) 260-7714

Email: colin.barnacle@akerman.com

11

adrienne.scheffey@akerman.com

ashley.calhoun@akerman.com

12

Attorneys for Defendant

13 THE GEO GROUP, INC.

14

UNITED STATES DISTRICT COURT

15

CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

16 RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and
17 RAMON MANCIA, individually and on 18 behalf of all others similarly situated,

19 vs.

Plaintiff,

20 THE GEO GROUP, INC.,
21 Defendant.
22 THE GEO GROUP, INC.,

Case No. 5:17-cv-02514-JGB-SHKx Assigned to Hon. Jesus G. Bernal
DEFENDANT THE GEO GROUP, INC.’S NOTICE OF SUPPLEMENTAL DECLARATION

23 24 vs.

Counter-Claimant,

25

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and

26

RAMON MANCIA, individually and on behalf of all others similarly situated,

27 Counter-Defendant.

28

Hearing Date: Date: April 16, 2020 Time: 2:00 p.m. Crtrm.: Telephonic Hearing
TAC Filed: September 16, 2019 SAC Filed: December 24, 2018 FAC Filed: July 6, 2018 Comp. Filed: December 19, 2017 Trial Date: February 2, 2021

52708511v.1

1

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC'S NOTICE OF SUPPLEMENTAL DECLARATION

Case 5:17-cv-02514-JGB-SHK Document 262 Filed 04/13/20 Page 2 of 2 Page ID #:5725

AKERMAN LLP
601 WEST FIFTH STREET, SUITE 300 LOS ANGELES, CALIFORNIA 90071 TEL.: (213) 688-9500 – FAX: (213) 627-6342

1

Defendant The GEO Group, Inc. (“GEO”), hereby gives notice of the attached

2 Declaration of Eric Staiger in support of Defendant the GEO Group, Inc.’s Opposition

3 to Plaintiffs’ Ex Parte Application for a Temporary Restraining Order Requiring

4 COVID-19 Prevention Measures for Nationwide HUSP Class. The Declaration is

5 attached as Exhibit 1. GEO submits this declaration to provide additional information

6 to the Court, and Plaintiffs, in advance of the hearing set for April 14, 2020. This

7 declaration is relevant to Plaintiffs’ initial application where they alleged that COVID-

8 19 was present in the Pine Prairie ICE Processing Center in Louisiana.1 ECF 252-1,

9 15. GEO has investigated Plaintiffs’ allegations. The attached declaration provides

10 accurate details about the instances of COVID-19 at the Pine Prairie Facility and

11 additional detail not provided by the news article cited by Plaintiffs in support of their

12 allegations.

13

14 Dated: April 13, 2020

AKERMAN LLP

15

By: /s/ Michael L. Gallion

Michael L. Gallion

16

Colin L. Barnacle

David Van Pelt

17

Adrienne Scheffey

Ashley Bobo

18

Ashley E. Calhoun

Attorneys for Defendant

19

THE GEO GROUP, INC.

20

21

22

23

24

25

26 1 27

GEO has investigated the other facilities and has provided additional information to Plaintiffs’ counsel since the time of their Application. GEO has

28

not identified any other facilities that require an update for positive cases, other

than Pine Prairie.

52708511v.1

2

CASE NO. 5:17-CV-02514-JGB-SHKX

DEFENDANT THE GEO GROUP, INC'S NOTICE OF SUPPLEMENTAL DECLARATION

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 1 of 63 Page ID #:5726
EXHIBIT 1 To Defendant The GEO Group, Inc.'s Notice of Supplemental Declaration

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 2 of 63 Page ID #:5727

1 AKERMAN LLP

MICHAEL L. GALLION (SBN 189128)

2 DAVID VAN PELT (SBN 163690)

ASHLEY BOBO (SBN 312714)

3 601 West Fifth Street, Suite 300

Los Angeles California 90071

4 Telephone: ''.2,131 688-9500

Facsimile: 213 627-6342

5 Email: michae .galliongakerman.com

david.vanpelt@aerman.com

6

ashley.bobogakerman.com

7 COLIN L. BARNACLEJadmitted pro hac vice)

ADRIENNE SCHEFFEY (admittedigro hac vice)

8 ASHLEY E. CALHOUN (SBN 270530)

1900 Sixteenth Street Suite 1700

9 Denver, Colorado 802,02

Telephone: (303) 260-7712

10 Facsimile: (303) 260-7714

Email: colin.barnacle akerrnan.com

11

adrienne.sche ey akerman.com

ashley.calhoun@ erman.com

Attorneys for Defendant THE GEO GROUP, INC.

14

UNITED STATES DISTRICT COURT

e?, 15

CENTRAL DISTRICT OF CALIFORNIA - EASTERN DIVISION

§§ 17 18 19 20 21 22 23 24 25 26 27

RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,
Plaintiff, vs.
THE GEO GROUP, INC.,
Defendant. THE GEO GROUP, INC.,
Counter-Claimant,
vs.
RAUL NOVOA, JAIME CAMPOS FUENTES, ABDIAZIZ KARIM, and RAMON MANCIA, individually and on behalf of all others similarly situated,

Case No. 5:17-cv-02514-JGB-SHKx Assigned to Hon. Jesus G. Bernal DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT THE GEO GROUP, NI_C.'S OPPOSITION TO PLAINTIFFS' EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER REQUIRING COVID-19 PREVENTION MEASURES FOR NATIONWIDE HUSP CLASS

28 52702647;1

1

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 3 of 63 Page ID #:5728

1

Counter-Defendant.

2

3

4

5

6 7 8 9 10 11
c2v. 'rt.?12

DECLARATION OF ERIC STAIGER I, Eric Staiger, hereby declare: 1. I am the Facility Administrator at the Pine Prairie ICE Processing Center ("Pine Prairie Facility"). I am over the age of eighteen (18), and I am competent to testify in this matter. My statement is based upon my personal knowledge, and my education, training, and experience. 1. The Pine Prairie Facility has implemented rigorous processes to avoid the

14 15 V4.-)16
ro2
g 17 18 19 20 21 22 23 24 25 26 27

exposure of the detainee population to COVID-19 and to ensure that procedures are put in place to avoid the spread of COVID-19 in the event that COVID-19 were to be introduced to the Pine Prairie Facility.
2. To date, there have been two incidents of COVID-19 at Pine Prairie. Both incidents have been contained consistent with the Center for Disease Control and Prevention's ("CDC") recommendations.
3. The first confirmed case of COVID-19 in the Pine Prairie Facility resulted from a recent transfer from Oakdale Federal Prison. The individual tested positive at the time of his transfer from the Oakdale Federal Prison. The individual has been held in medical isolation, with constant medical care, since his arrival. He has not had any contact with other detainees in the facility. When the individual arrived at Pine Prairie, he was asymptomatic. On Friday, April 10, 2020, I received the results of a test administered by our facility which came back negative. The individual was tested again to confirm the negative result. On April 13, 2020, I received the results of a

28 52702647;1

2

CASE No. 5:17-cv-02514-.10B-SHICx

DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 4 of 63 Page ID #:5729

1 second test for the individual, that test also came back negative. As of the date of this

2 declaration, two tests have confirmed that the individual is negative for COVID-19.

3 Because the detainee has tested negative two times, he will be transferred out of the

4 Pine Prairie facility in the very near future.

5

4. The second confirmed case of COVID-19 was a detainee who arrived at

6 the facility late last week. Upon arrival he was taken for a medical examination as part

7 of his intake screening process. During his medical screening presented with symptoms

8 and was immediately isolated. He was tested by the medical staff at the facility and on

9 Friday night, his results came back positive for COVID-19. He remains in medical

10 isolation with constant care. He did not and has not had any contact with any

11 individual who was already detained within the facility. He did have contact with other

Fr-70 12 individuals who travelled with him to the facility and arrived for intake. Every

qa13 individual who travelled with detainee who presented symptoms at intake (and later

8414 tested positive for COVID-19) has been housed in an isolated unit away from other
0:15 detainees. None of those detainees have experienced symptoms of COVID-19. If they

ir;16 do, they will be medically isolated and tested.

17

5. Our facility is in possession of additional tests and they will be

18 administered consistent with the CDC guidelines and advice of medical professionals.

19

6. Attached as Exhibit A is a true and correct copy of the CDC Interim

20 Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional

21 and Detention Facilities. GEO utilized this guidance to educate its personnel and

22 detainees at the Pine Prairie Facility about COVID-19. GEO further utilized this

23 guidance to develop its policies and practices for addressing COVID-19. My

24 declaration below provides some specifics about GEO's implementation of the

25 guidelines at Pine Prairie Facility. I have not attempted to describe in totality each and

26 every action taken by the facilities and GEO staff to implement the guidelines or any

27

28 52702647;1

3

CASE NO, 5:17-cv-02514-IGB-SHKx

DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 5 of 63 Page ID #:5730

1 other precautions. nor could I do so within the limitations of a publicly filed

2 declaration. However, I hope to convey to the Court that GEO is being proactive and is

3 taking COVID-19 seriously to reduce the risk of infection.

4

7. The health, safety, and well-being of detainees at Pine Prairie Facility

5 correlates with the health, safety, and well-being of GEO staff, GEO administration,

6 and our families. Our interests are aligned with respect to mitigation strategies to slow

7 the spread of the coronavirus and resulting infections of COVID-19.

8

8. GEO has held multiple town hall meetings for detainees, since the

9 beginning of March about COVID-19. These meetings include medical professionals

10 who answer detainees' questions about COVID-19 and keep detainees aware of the

11 ongoing situation.

eV?,.' 12

9. As with all others across the country, we are continuing to evolve our

13 practices as we learn more about COVID-19. We continue to implement

rp. 14 supplementary safety measures, in addition to those listed below, as information

0 115 becomes available.

1$1,16

Social Distancin4 and Access Limitations

§I17

10. The Pine Prairie Facility has implemented a number of limitations, in

18 connection with ICE, to reduce the introduction of any outside sources of

19 contamination into the facility.

20

11. Limited Visitation: ICE has temporarily stopped all in-person visitation

21 for detainees and their family and friends with the exception of detainees' attorney

22 visits. Attorneys who wish to enter the building must wear Personal Protective

23 Equipment ("PPE") including an N-95 or surgical masks, goggles, and gloves.

24 Otherwise, all visits are restricted to videoconferencing on tablets that are provided to

25 detainees and telephone interviews with attorneys.

26

12. An\ one Entering the Pine Prairie Facility : Any individual who enters the

27

28 52702647;1

4

CASE No. 5:17-cv-02514-.10B-SHM

DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 6 of 63 Page ID #:5731

facility must first complete a screening questionnaire to determine whether the

2 individual has a likelihood of exposure to COVID-19. This includes all GEO staff;

3 medical staff, ICE personnel, and other regular personnel within the building, as well

4 as those who arrive for purposes of attending proceedings at the immigration court

5 within the Pine Prairie Facility. Thereafter, GEO staff take the temperature of all

6 individuals seeking entry. Anyone who presents with a fever must return home until

7 cleared by a medical professional. Staff are not permitted to work when they are sick

8 and are advised to stay home if they develop symptoms of COVID-19 or come into

9 contact with someone who has been exposed. All staff who are potentially exposed

10 have been instructed to follow CDC guidelines for self isolation and medical care.

11

13. Contractors: Non-emergency contractors are not presently permitted

g (4
12 within the Pine Prairie facility.

4a 13

14. Incoming Detainees: The Pine Prairie Facility has also placed restrictions

14 on any new detainees who arrive at the facility for detention. All detainees are screened

Vei 15 for COVID-19 exposure upon arrival at the facility, before entering the secure portion

E-1 I 2 p c

of the facility. After a medical professional confirms that there are no clinical signs of

17 COVID-19, and that their travel history does not raise significant concerns of

18 exposure, each incoming detainee must undergo a minimum of a fourteen-day waiting

19 period before being housed in the general population. This procedure allows GEO to

20 address concerns that new individuals who are asymptomatic may be carrying COVID-

21 19. During this period, new detainees are regularly checked by medical professionals

22 for symptoms. If a detainee were to present concerns of exposure to COVID-19

23 because of his or her symptoms, the detainee would be placed in a negative pressure

24 medical holding cell, or alternatively, would be denied access to the facility. All

25 detainees who cannot verify their travel history, or who have been to areas considered

26 "hot spots," are placed immediately in medical isolation or denied access to the facility

27

28 52702647;1

5

CASE No. 5:17-ov-025144GB-SHECx

DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 7 of 63 Page ID #:5732

1 if space is unavailable. All medically isolated individuals are checked daily by medical

2 staff. This procedure has been effective, as GEO was able to isolate the asymptomatic

3 individual who was transferred from Oakdale Federal Prison from the rest of the

4 population using these techniques.

5

15. Social Distancing within Living Units: GEO has opened additional living

6 units to provide for additional space for each detainee in his or her living unit. As a

7 result, the current population in each pod or dorm significantly less than total capacity

8 of each unit. All meals served in the dining hall are served to 45 or fewer detainees at a

9 time, when typical capacity is double that. Detainees are able to maintain a 6 foot

10 distance between each other when getting their meal and eating their meal.

11

16. Social Distancing for Other Activities: GEO has temporarily ended all

Nr r

RE:41' 12 visits from volunteers to reduce the exposure to outside pathogens. Detainees may still

Ha'13 use the law library, but social distancing is practiced by limiting the number of 14 individuals in the law library at any one time. Detainees may still engage in recreation

ff 115 but the number of individuals engaged at a time is limited to a number whereby six (6) E-`1t0^316 feet of distance can be maintained between each detainee. Detainees no longer share

17 recreation time with other housing units and instead are limited to interactions with

18 their own housing units. Further, staff has been instructed to clean and disinfect all

19 equipment between each use.

20

17. Detainees Who Leave the Facilit for Medical or Other Appointments:

21 Detainees who must attend medical appointments or immigration-case related meetings

22 off of the premises of the Pine Prairie facility are immediately placed in restrictive

23 housing upon their return for a minimum of 14 days in an effort to reduce concerns the

24 detainee could have been exposed to COVID-19 while in the community and prevent

25 any unintended spread of the same.

26

Enhanced Hv kl,iene Practices

27

28 52702647;1

6

CASE No. 5:17-cv-02514-JGB-SliKx

DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 8 of 63 Page ID #:5733

1

18. Supplies: I have assessed GEO's stock of soap and cleaning supplies and

2 all supplies are stocked and not at risk of depleting in the near future. Further, there are

3 supplies to provide hand sanitizer in strategic areas throughout the facility. I have a

4 plan in place to keep supply stocks replenished as needed. GEO uses EPA approved

5 cleaning products that have been demonstrated to be effective against the coronavirus,

6 more specifically HDQ cleaning product which appears on "List N" of the EPA's

7 approved list of cleaners. That list can be accessed here:

8

s://www.epa.gov/pesticide-reaistrationilist-n-disinfectants-use-aviainst-sars-cov-2.

9 The Pine Prairie Facility currently has an ample supply of this cleaning product, which

10 is used to disinfect all hard surfaces.

11

19. Intensified Cleaninit. GEO has implemented intensified cleaning of

:4 0.12 surfaces and objects that are frequently touched, both inside and outside of the secured

ord--13
:114
e; 'I 15

perimeter. GEO staff must sanitize all hard surfaces and high-touch areas multiple times during each officer's shift, including tables, doorknobs, telephones. GEO uses EPA-registered disinfectants that are represented to be effective against the virus that

16 causes COVID - 19. GEO is not diluting disinfectants below effective levels. GEO has

§9017 gloves for use with cleaning. Detainees are issued these gloves to clean. Detainees

18 have not complained about the availability of cleaning supplies. Detainees have access

19 to additional bottles of disinfectant in their housing units.

20

20. Reinforced Hygiene: GEO has reinforced healthy Hygiene practices and

21 has made supplied available to encourage safe hygiene practices. GEO plays a video

22 on a loop in all housing areas that demonstrates the proper handwashing technique.

23 This video is also available on detainee tablets. GEO has also made the information

24 attached as Exhibit B available to all detainees.

25

21. Staff PPE Use: GEO staff have been issued surgical masks within the past

26 week. Going forward each GEO staff member will receive three (3) masks a week with

27

28 52702647;1

7

CASE No. 5:17-cv-02514-JGB-SHKx

DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT TEE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EXPARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 9 of 63 Page ID #:5734

1 instructions for their use and disposal.

2

22. To my knowledge, ICE continues to release detainees who are identified

3 as high risk as it relates to contraction of the COVID-19 virus.

4

23. All detainees are provided with soap and may replenish their soap anytime

5 it runs out. There is no risk that detainees do not receive soap.

6

I declare under penalty of perjury under the laws of the United States of America

7 that the foregoing is true and correct and that I executed this Declaration on the 13th

8 day of April, 2020, in Pine Prairie, Louisiana.

9

10
11
e• t
RH. 12

) Eric Staiger, Declarant

r0:14
zu. Er:1315
a160 °4 g9,:1i 7

18

19

20

21

22

23

24

25

26

27

28 52702647;1

8

CASE No. 5:17-cv-02514-JGB-SHICx

DECLARATION OF ERIC STAIGER IN SUPPORT OF DEFENDANT THE GEO GROUP, INC.'S

OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER

 
 Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 10 of 63 Page ID #:5735
EXHIBIT A To The Declaration of Eric Staiger

CCaassee55::1177--ccvv--0022551144--JJGGBB--SSHHKK DDooccuummeenntt226526--12 FFilieledd0044//1038//2200 PPaaggee191ooff6613 PPaaggeeIDID #:5374356
ip Centers for Disease Control and Prevention
Coronavirus Disease 2019 (COVID-19)
Interim Guidance on Management of Coronavirus Disease 2019 (COVID-19) in Correctional and Detention Facilities
This interim guidance is based on what is currently known about the transmission and severity of coronavirus disease 2019 (COVID-19) as of the date of posting, March 23, 2020.
The US Centers for Disease Control and Prevention (CDC) will update this guidance as needed and as additional information becomes available. Please check the CDC website periodically for updated interim guidance.
This document provides interim guidance specific for correctional facilities and detention centers during the outbreak of COVID-19, to ensure continuation of essential public services and protection of the health and safety of incarcerated and detained persons, staff, and visitors. Recommendations may need to be revised as more information becomes available.
Who is the intended audience for this guidance?
This document is intended to provide guiding principles for healthcare and non-healthcare administrators of correctional and detention facilities (including but not limited to federal and state prisons, local jails, and detention centers), law enforcement agencies that have custodial authority for detained populations (i.e., US Immigration and Customs Enforcement and US Marshals Service), and their respective health departments, to assist in preparing for potential introduction, spread, and mitigation of COVID-19 in their facilities. In general, the document uses terminology referring to correctional environments but can also be applied to civil and pre-trial detention settings.
This guidance will not necessarily address every possible custodial setting and may not use legal terminology specific to individual agencies' authorities or processes. The guidance may need to be adapted based on individual facilities' physical space, staffing, population, operations, and other resources and conditions. Facilities should contact CDC or their state, local, territorial, and/or tribal public health department if they need assistance in applying these principles or addressing topics that are not specifically covered in this guidance.
Why is this guidance being issued?
Correctional and detention facilities can include custody, housing, education, recreation, healthcare, food service, and workplace components in a single physical setting. The integration of these components presents unique challenges for control of COVID-19 transmission among incarcerated/detained persons, staff, and visitors. Consistent application of specific preparation, prevention, and management measures can help reduce the risk of transmission and severe disease from COVID-19.

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 1 of 26

Case 5:17-cv-02514-JGB-SHK Document 25662-21 Filed 04/0183/20 Page 102 of 631 Page ID #:5374367
• Incarcerated/detained persons live, work, eat, study, and recreate within congregate environments, heightening the potential for COVID-19 to spread once introduced.
• In most cases, incarcerated/detained persons are not permitted to leave the facility. • There are many opportunities for COVID-19 to be introduced into a correctional or detention facility, including daily
staff ingress and egress; transfer of incarcerated/detained persons between facilities and systems, to court appearances, and to outside medical visits; and visits from family, legal representatives, and other community members. Some settings, particularly jails and detention centers, have high turnover, admitting new entrants daily who may have been exposed to COVID-19 in the surrounding community or other regions. • Persons incarcerated/detained in a particular facility often come from a variety of locations, increasing the potential to introduce COVID-19 from different geographic areas. • Options for medical isolation of COVID-19 cases are limited and vary depending on the type and size of facility, as well as the current level of available capacity, which is partly based on medical isolation needs for other conditions. • Adequate levels of custody and healthcare staffing must be maintained to ensure safe operation of the facility, and options to practice social distancing through work alternatives such as working from home or reduced/alternate schedules are limited for many staff roles. • Correctional and detention facilities can be complex, multi-employer settings that include government and private employers. Each is organizationally distinct and responsible for its own operational, personnel, and occupational health protocols and may be prohibited from issuing guidance or providing services to other employers or their staff within the same setting. Similarly, correctional and detention facilities may house individuals from multiple law enforcement agencies or jurisdictions subject to different policies and procedures. • Incarcerated/detained persons and staff may have medical conditions that increase their risk of severe disease from COVID-19. • Because limited outside information is available to many incarcerated/detained persons, unease and misinformation regarding the potential for COVID-19 spread may be high, potentially creating security and morale challenges. • The ability of incarcerated/detained persons to exercise disease prevention measures (e.g., frequent handwashing) may be limited and is determined by the supplies provided in the facility and by security considerations. Many facilities restrict access to soap and paper towels and prohibit alcohol-based hand sanitizer and many disinfectants. • Incarcerated persons may hesitate to report symptoms of COVID-19 or seek medical care due to co-pay requirements and fear of isolation.
CDC has issued separate COVID-19 guidance addressing healthcare infection control and clinical care of COVID-19 cases as well as close contacts of cases in community-based settings. Where relevant, community-focused guidance documents are referenced in this document and should be monitored regularly for updates, but they may require adaptation for correctional and detention settings.
This guidance document provides additional recommended best practices specifically for correctional and detention facilities. At this time, different facility types (e.g., prison vs. jail) and sizes are not differentiated. Administrators and agencies should adapt these guiding principles to the specific needs of their facility.
What topics does this guidance include?
The guidance below includes detailed recommendations on the following topics related to COVID-19 in correctional and detention settings:

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

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• Operational and communications preparations for COVID-19 • Enhanced cleaning/disinfecting and hygiene practices • Social distancing strategies to increase space between individuals in the facility • How to limit transmission from visitors • Infection control, including recommended personal protective equipment (PPE) and potential alternatives during
PPE shortages • Verbal screening and temperature check protocols for incoming incarcerated/detained individuals, staff, and visitors • Medical isolation of confirmed and suspected cases and quarantine of contacts, including considerations for
cohorting when individual spaces are limited • Healthcare evaluation for suspected cases, including testing for COVID-19 • Clinical care for confirmed and suspected cases • Considerations for persons at higher risk of severe disease from COVID-19
Definitions of Commonly Used Terms
Close contact of a COVID-19 case - In the context of COVID-19, an individual is considered a close contact if they a) have been within approximately 6 feet of a COVID-19 case for a prolonged period of time or b) have had direct contact with infectious secretions from a COVID-19 case (e.g., have been coughed on). Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID-19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
Cohorting - Cohorting refers to the practice of isolating multiple laboratory-confirmed COVID-19 cases together as a group, or quarantining close contacts of a particular case together as a group. Ideally, cases should be isolated individually, and close contacts should be quarantined individually. However, some correctional facilities and detention centers do not have enough individual cells to do so and must consider cohorting as an alternative. See Quarantine and Medical Isolation sections below for specific details about ways to implement cohorting to minimize the risk of disease spread and adverse health outcomes.
Community transmission of COVID-19 - Community transmission of COVID-19 occurs when individuals acquire the disease through contact with someone in their local community, rather than through travel to an affected location. Once community transmission is identified in a particular area, correctional facilities and detention centers are more likely to start seeing cases inside their walls. Facilities should consult with local public health departments if assistance is needed in determining how to define "local community" in the context of COVID-19 spread. However, because all states have reported cases, all facilities should be vigilant for introduction into their populations.
Confirmed vs. Suspected COVID-19 case - A confirmed case has received a positive result from a COVID-19 laboratory test, with or without symptoms. A suspected case shows symptoms of COVID-19 but either has not been tested or is awaiting test results. If test results are positive, a suspected case becomes a confirmed case.
Incarcerated/detained persons - For the purpose of this document, "incarcerated/detained persons" refers to persons held in a prison, jail, detention center, or other custodial setting where these guidelines are generally applicable. The term includes those who have been sentenced (i.e., in prisons) as well as those held for pre-trial (i.e., jails) or civil purposes (i.e,

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detention centers). Although this guidance does not specifically reference individuals in every type of custodial setting (e.g., juvenile facilities, community confinement facilities), facility administrators can adapt this guidance to apply to their specific circumstances as needed.
Medical Isolation - Medical isolation refers to confining a confirmed or suspected COVID-19 case (ideally to a single cell with solid walls and a solid door that closes), to prevent contact with others and to reduce the risk of transmission. Medical isolation ends when the individual meets pre-established clinical and/or testing criteria for release from isolation, in consultation with clinical providers and public health officials (detailed in guidance below). In this context, isolation does NOT refer to punitive isolation for behavioral infractions within the custodial setting. Staff are encouraged to use the term "medical isolation" to avoid confusion.
Quarantine - Quarantine refers to the practice of confining individuals who have had close contact with a COVID-19 case to determine whether they develop symptoms of the disease. Quarantine for COVID-19 should last for a period of 14 days. Ideally, each quarantined individual would be quarantined in a single cell with solid walls and a solid door that closes. If symptoms develop during the 14-day period, the individual should be placed under medical isolation and evaluated for COVID-19. If symptoms do not develop, movement restrictions can be lifted, and the individual can return to their previous residency status within the facility.
Social Distancing - Social distancing is the practice of increasing the space between individuals and decreasing the frequency of contact to reduce the risk of spreading a disease (ideally to maintain at least 6 feet between all individuals, even those who are asymptomatic). Social distancing strategies can be applied on an individual level (e.g., avoiding physical contact), a group level (e.g., canceling group activities where individuals will be in close contact), and an operational level (e.g., rearranging chairs in the dining hall to increase distance between them). Although social distancing is challenging to practice in correctional and detention environments, it is a cornerstone of reducing transmission of respiratory diseases such as COVID-19. Additional information about social distancing, including information on its use to reduce the spread of other viral illnesses, is available in this CDC publication III .
Staff - In this document, "staff' refers to all public sector employees as well as those working for a private contractor within a correctional facility (e.g., private healthcare or food service). Except where noted, "staff' does not distinguish between healthcare, custody, and other types of staff including private facility operators.
Symptoms - Symptoms of COVID-19 include fever, cough, and shortness of breath. Like other respiratory infections, COVID-19 can vary in severity from mild to severe. When severe, pneumonia, respiratory failure, and death are possible. COVID-19 is a novel disease, therefore the full range of signs and symptoms, the clinical course of the disease, and the individuals and populations most at risk for disease and complications are not yet fully understood. Monitor the CDC website for updates on these topics.
Facilities with Limited Onsite Healthcare Services
Although many large facilities such as prisons and some jails usually employ onsite healthcare staff and have the capacity to evaluate incarcerated/detained persons for potential illness within a dedicated healthcare space, many smaller facilities do not. Some of these facilities have access to on-call healthcare staff or providers who visit the facility every few days. Others have neither onsite healthcare capacity nor onsite medical isolation/quarantine space and must transfer ill patients to other correctional or detention facilities or local hospitals for evaluation and care.

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The majority of the guidance below is designed to be applied to any correctional or detention facility, either as written or with modifications based on a facility's individual structure and resources. However, topics related to healthcare evaluation and clinical care of confirmed and suspected COVID-19 cases and their close contacts may not apply directly to facilities with limited or no onsite healthcare services. It will be especially important for these types of facilities to coordinate closely with their state, local, tribal, and/or territorial health department when they encounter confirmed or suspected cases among incarcerated/detained persons or staff, in order to ensure effective medical isolation and quarantine, necessary medical evaluation and care, and medical transfer if needed. The guidance makes note of strategies tailored to facilities without onsite healthcare where possible.
Note that all staff in any sized facility, regardless of the presence of onsite healthcare services, should observe guidance on recommended PPE in order to ensure their own safety when interacting with confirmed and suspected COVID-19 cases. Facilities should make contingency plans for the likely event of PPE shortages during the COVID-19 pandemic.
COVID-19 Guidance for Correctional Facilities
Guidance for correctional and detention facilities is organized into 3 sections: Operational Preparedness, Prevention, and Management of COVID-19. Recommendations across these sections can be applied simultaneously based on the progress of the outbreak in a particular facility and the surrounding community.
• Operational Preparedness. This guidance is intended to help facilities prepare for potential COVID-19 transmission in the facility. Strategies focus on operational and communications planning and personnel practices.
• Prevention. This guidance is intended to help facilities prevent spread of COVID-19 from outside the facility to inside. Strategies focus on reinforcing hygiene practices, intensifying cleaning and disinfection of the facility, screening (new intakes, visitors, and staff), continued communication with incarcerated/detained persons and staff, and social distancing measures (increasing distance between individuals).
• Management. This guidance is intended to help facilities clinically manage confirmed and suspected COVID-19 cases inside the facility and prevent further transmission. Strategies include medical isolation and care of incarcerated/detained persons with symptoms (including considerations for cohorting), quarantine of cases' close contacts, restricting movement in and out of the facility, infection control practices for individuals interacting with cases and quarantined contacts or contaminated items, intensified social distancing, and cleaning and disinfecting areas visited by cases.
Operational Preparedness
Administrators can plan and prepare for COVID-19 by ensuring that all persons in the facility know the symptoms of COVID-19 and how to respond if they develop symptoms. Other essential actions include developing contingency plans for reduced workforces due to absences, coordinating with public health and correctional partners, and communicating clearly with staff and incarcerated/detained persons about these preparations and how they may temporarily alter daily life.
Communication & Coordination
• Develop information-sharing systems with partners. o Identify points of contact in relevant state, local, tribal, and/or territorial public health departments before cases develop. Actively engage with the health department to understand in advance which entity has jurisdiction to implement public health control measures for COVID-19 in a particular correctional or detention

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facility. o Create and test communications plans to disseminate critical information to incarcerated/detained persons,
staff, contractors, vendors, and visitors as the pandemic progresses. o Communicate with other correctional facilities in the same geographic area to share information including
disease surveillance and absenteeism patterns among staff. o Where possible, put plans in place with other jurisdictions to prevent confirmed and suspected COVID-19 cases
and their close contacts from being transferred between jurisdictions and facilities unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding. o Stay informed about updates to CDC guidance via the CDC COVID-19 website as more information becomes known. • Review existing pandemic flu, all-hazards, and disaster plans, and revise for COVID-19. o Ensure that physical locations (dedicated housing areas and bathrooms) have been identified to isolate confirmed COVID-19 cases and individuals displaying COVID-19 symptoms, and to quarantine known close contacts of cases. (Medical isolation and quarantine locations should be separate). The plan should include contingencies for multiple locations if numerous cases and/or contacts are identified and require medical isolation or quarantine simultaneously. See Medical Isolation and Quarantine sections below for details regarding individual medical isolation and quarantine locations (preferred) vs. cohorting. o Facilities without onsite healthcare capacity should make a plan for how they will ensure that suspected COVID19 cases will be isolated, evaluated, tested (if indicated), and provided necessary medical care. o Make a list of possible social distancing strategies that could be implemented as needed at different stages of transmission intensity.
o Designate officials who will be authorized to make decisions about escalating or de-escalating response efforts as the epidemiologic context changes.
• Coordinate with local law enforcement and court officials. o Identify lawful alternatives to in-person court appearances, such as virtual court, as a social distancing measure to reduce the risk of COVID-19 transmission. o Explore strategies to prevent over-crowding of correctional and detention facilities during a community outbreak.
• Post signage throughout the facility communicating the following: o For all: symptoms of COVID-19 and hand hygiene instructions o For incarcerated/detained persons: report symptoms to staff o For staff stay at home when sick; if symptoms develop while on duty, leave the facility as soon as possible and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms including self-isolating at home, contacting their healthcare provider as soon as possible to determine whether they need to be evaluated and tested, and contacting their supervisor. o Ensure that signage is understandable for non-English speaking persons and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision.
Personnel Practices
• Review the sick leave policies of each employer that operates in the facility.

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o Review policies to ensure that they actively encourage staff to stay home when sick. o if these policies do not encourage staff to stay home when sick, discuss with the contract company. o Determine which officials will have the authority to send symptomatic staff home.
• Identify staff whose duties would allow them to work from home. Where possible, allowing staff to work from home can be an effective social distancing strategy to reduce the risk of COVID-19 transmission. o Discuss work from home options with these staff and determine whether they have the supplies and technological equipment required to do so. o Put systems in place to implement work from home programs (e.g., time tracking, etc.).
• Plan for staff absences. Staff should stay home when they are sick, or they may need to stay home to care for a sick household member or care for children in the event of school and childcare dismissals. o Allow staff to work from home when possible, within the scope of their duties. o Identify critical job functions and plan for alternative coverage by cross-training staff where possible. o Determine minimum levels of staff in all categories required for the facility to function safely. If possible, develop a plan to secure additional staff if absenteeism due to COVID-19 threatens to bring staffing to minimum levels. o Consider increasing keep on person (KOP) medication orders to cover 30 days in case of healthcare staff shortages.
• Consider offering revised duties to staff who are at higher risk of severe illness with COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions including lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue. o Facility administrators should consult with their occupational health providers to determine whether it would be allowable to reassign duties for specific staff members to reduce their likelihood of exposure to COVID-19.
• Offer the seasonal influenza vaccine to all incarcerated/detained persons (existing population and new intakes) and staff throughout the influenza season. Symptoms of COVID-19 are similar to those of influenza. Preventing influenza cases in a facility can speed the detection of COVID-19 cases and reduce pressure on healthcare resources.
• Reference the Occupational Safety and Health Administration website El' for recommendations
regarding worker health.
• Review CDC's guidance for businesses and employers to identify any additional strategies the facility can use within its role as an employer.
Operations & Supplies
• Ensure that sufficient stocks of hygiene supplies, cleaning supplies, PPE, and medical supplies (consistent with the healthcare capabilities of the facility) are on hand and available, and have a plan in place to restock as needed if COVID-19 transmission occurs within the facility. o Standard medical supplies for daily clinic needs o Tissues o Liquid soap when possible. If bar soap must be used, ensure that it does not irritate the skin and thereby

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discourage frequent hand washing. o Hand drying supplies o Alcohol-based hand sanitizer containing at least 60% alcohol (where permissible based on security restrictions) o Cleaning supplies, including EPA-registered disinfectants effective against the virus that causes COVID-19 Z o Recommended PPE (facemasks, N95 respirators, eye protection, disposable medical gloves, and disposable
gowns/one-piece coveralls). See PPE section and Table 1 for more detailed information, including recommendations for extending the life of all PPE categories in the event of shortages, and when face masks are acceptable alternatives to N95s. Visit CDC's website for a calculator to help determine rate of PPE usage. o Sterile viral transport media and sterile swabs to collect nasopharyngeal specimens if COVID-19 testing is indicated
• Make contingency plans for the probable event of PPE shortages during the COVID-19 pandemic, particularly for non-healthcare workers. o See CDC guidance optimizing PPE supplies.
• Consider relaxing restrictions on allowing alcohol-based hand sanitizer in the secure setting where security concerns allow. If soap and water are not available, CDC recommends cleaning hands with an alcoholbased hand sanitizer that contains at least 60% alcohol. Consider allowing staff to carry individual-sized bottles for their personal hand hygiene while on duty.
• Provide a no-cost supply of soap to incarcerated/detained persons, sufficient to allow frequent hand washing. (See Hygiene section below for additional detail regarding recommended frequency and protocol for hand washing.) o Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin and thereby discourage frequent hand washing.
• If not already in place, employers operating within the facility should establish a respiratory protection program as appropriate, to ensure that staff and incarcerated/detained persons are fit tested for any respiratory protection they will need within the scope of their responsibilities.
• Ensure that staff and incarcerated/detained persons are trained to correctly don, doff, and dispose of PPE that they will need to use within the scope of their responsibilities. See Table 1 for recommended PPE for incarcerated/detained persons and staff with varying levels of contact with COVID-19 cases or their close contacts.
Prevention
Cases of COVID-19 have been documented in all 50 US states. Correctional and detention facilities can prevent introduction of COVID-19 from the community and reduce transmission if it is already inside by reinforcing good hygiene practices among incarcerated/detained persons, staff, and visitors (including increasing access to soap and paper towels), intensifying cleaning/disinfection practices, and implementing social distancing strategies.
Because many individuals infected with COVID-19 do not display symptoms, the virus could be present in facilities before cases are identified. Both good hygiene practices and social distancing are critical in preventing further transmission.
Operations

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• Stay in communication with partners about your facility's current situation. o State, local, territorial, and/or tribal health departments
o Other correctional facilities
• Communicate with the public about any changes to facility operations, including visitation programs.
• Restrict transfers of incarcerated/detained persons to and from other jurisdictions and facilities unless necessary for medical evaluation, medical isolation/quarantine, clinical care, extenuating security concerns, or to prevent overcrowding. o Strongly consider postponing non-urgent outside medical visits.
o If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case - including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to properly isolate the individual upon arrival. Ensure that staff transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
• Implement lawful alternatives to in-person court appearances where permissible.
• Where relevant, consider suspending co-pays for incarcerated/detained persons seeking medical evaluation for respiratory symptoms.
• Limit the number of operational entrances and exits to the facility.
Cleaning and Disinfecting Practices
• Even if COVID-19 cases have not yet been identified inside the facility or in the surrounding community, begin implementing intensified cleaning and disinfecting procedures according to the recommendations below. These measures may prevent spread of COVID-19 if introduced.
• Adhere to CDC recommendations for cleaning and disinfection during the COVID-19 response. Monitor these recommendations for updates. o Several times per day, clean and disinfect surfaces and objects that are frequently touched, especially in common areas. Such surfaces may include objects/surfaces not ordinarily cleaned daily (e.g., doorknobs, light switches, sink handles, countertops, toilets, toilet handles, recreation equipment, kiosks, and telephones). o Staff should clean shared equipment several times per day and on a conclusion of use basis (e.g., radios, service weapons, keys, handcuffs).
o Use household cleaners and EPA-registered disinfectants effective against the virus that causes COVID-19 Cl
as appropriate for the surface, following label instructions. This may require lifting restrictions on undiluted disinfectants. o Labels contain instructions for safe and effective use of the cleaning product, including precautions that should be taken when applying the product, such as wearing gloves and making sure there is good ventilation during use. • Consider increasing the number of staff and/or incarcerated/detained persons trained and responsible for cleaning common areas to ensure continual cleaning of these areas throughout the day. • Ensure adequate supplies to support intensified cleaning and disinfection practices, and have a plan in place to restock rapidly if needed.

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Hygiene
• Reinforce healthy hygiene practices, and provide and continually restock hygiene supplies throughout the facility, including in bathrooms, food preparation and dining areas, intake areas, visitor entries and exits, visitation rooms and waiting rooms, common areas, medical, and staff-restricted areas (e.g., break rooms).
• Encourage all persons in the facility to take the following actions to protect themselves and others from COVID-19. Post signage throughout the facility, and communicate this information verbally on a regular basis. Sample signage and other communications materials are available on the CDC website. Ensure that materials can be understood by non-English speakers and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision. o Practice good cough etiquette: Cover your mouth and nose with your elbow (or ideally with a tissue) rather than with your hand when you cough or sneeze, and throw all tissues in the trash immediately after use.
o Practice good hand hygiene: Regularly wash your hands with soap and water for at least 20 seconds, especially after coughing, sneezing, or blowing your nose; after using the bathroom; before eating or preparing food; before taking medication; and after touching garbage.
o Avoid touching your eyes, nose, or mouth without cleaning your hands first. o Avoid sharing eating utensils, dishes, and cups.
o Avoid non-essential physical contact.
• Provide incarcerated/detained persons and staff no-cost access to: o Soap - Provide liquid soap where possible. If bar soap must be used, ensure that it does not irritate the skin, as this would discourage frequent hand washing. o Running water, and hand drying machines or disposable paper towels for hand washing o Tissues and no-touch trash receptacles for disposal
• Provide alcohol-based hand sanitizer with at least 60% alcohol where permissible based on security restrictions. Consider allowing staff to carry individual-sized bottles to maintain hand hygiene.
• Communicate that sharing drugs and drug preparation equipment can spread COVID-19 due to potential contamination of shared items and close contact between individuals.
Prevention Practices for Incarcerated/Detained Persons
• Perform pre-intake screening and temperature checks for all new entrants. Screening should take place in the sallyport, before beginning the intake process, in order to identify and immediately place individuals with symptoms under medical isolation. See Screening section below for the wording of screening questions and a recommended procedure to safely perform a temperature check. Staff performing temperature checks should wear recommended PPE (see PPE section below). o If an individual has symptoms of COVID-19 (fever, cough, shortness of breath): Ь Require the individual to wear a face mask. Ь Ensure that staff who have direct contact with the symptomatic individual wear recommended PPE. Ь Place the individual under medical isolation (ideally in a room near the screening location, rather than transporting the ill individual through the facility), and refer to healthcare staff for further evaluation. (See Infection Control and Clinical Care sections below.) Ь Facilities without onsite healthcare staff should contact their state, local, tribal, and/or territorial health

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department to coordinate effective medical isolation and necessary medical care.
o If an individual is a close contact of a known COVID-19 case (but has no COVID-19 symptoms): Ь Quarantine the individual and monitor for symptoms two times per day for 14 days. (See Quarantine section below.)
Ь Facilities without onsite healthcare staff should contact their state, local, tribal, and/or territorial health department to coordinate effective quarantine and necessary medical care.
• Implement social distancing strategies to increase the physical space between incarcerated/detained persons (ideally 6 feet between all individuals, regardless of the presence of symptoms). Strategies will need to be tailored to the individual space in the facility and the needs of the population and staff. Not all strategies will be feasible in all facilities. Example strategies with varying levels of intensity include: o Common areas: Ь Enforce increased space between individuals in holding cells, as well as in lines and waiting areas such as intake (e.g., remove every other chair in a waiting area) o Recreation: Ь Choose recreation spaces where individuals can spread out
Ь Stagger time in recreation spaces
Ь Restrict recreation space usage to a single housing unit per space (where feasible)
o Meals: Ь Stagger meals
Ь Rearrange seating in the dining hall so that there is more space between individuals (e.g., remove every other chair and use only one side of the table)
Ь Provide meals inside housing units or cells
o Group activities: Ь Limit the size of group activities
Ь Increase space between individuals during group activities Ь Suspend group programs where participants are likely to be in closer contact than they are in their
housing environment Ь Consider alternatives to existing group activities, in outdoor areas or other areas where individuals can
spread out
o Housing: Ь If space allows, reassign bunks to provide more space between individuals, ideally 6 feet or more in all directions. (Ensure that bunks are cleaned thoroughly if assigned to a new occupant.)
Ь Arrange bunks so that individuals sleep head to foot to increase the distance between them
Ь Rearrange scheduled movements to minimize mixing of individuals from different housing areas
o Medical: Ь If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit. If this is not feasible, consider staggering sick call.
Ь Designate a room near the intake area to evaluate new entrants who are flagged by the intake screening process for COVID-19 symptoms or case contact, before they move to other parts of the facility.
• Communicate clearly and frequently with incarcerated/detained persons about changes to their daily routine and how they can contribute to risk reduction.

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• Note that if group activities are discontinued, it will be important to identify alternative forms of activity to support the mental health of incarcerated/detained persons.
• Consider suspending work release programs and other programs that involve movement of incarcerated/detained individuals in and out of the facility.
• Provide up-to-date information about COVID-19 to incarcerated/detained persons on a regular basis, including: o Symptoms of COVID-19 and its health risks o Reminders to report COVID-19 symptoms to staff at the first sign of illness
• Consider having healthcare staff perform rounds on a regular basis to answer questions about COVID19.
Prevention Practices for Staff
• Remind staff to stay at home if they are sick. Ensure that staff are aware that they will not be able to enter the facility if they have symptoms of COVID-19, and that they will be expected to leave the facility as soon as possible if they develop symptoms while on duty.
• Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all staff daily on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks. o In very small facilities with only a few staff, consider self-monitoring or virtual monitoring (e.g., reporting to a central authority via phone). o Send staff home who do not clear the screening process, and advise them to follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
• Provide staff with up-to-date information about COVID-19 and about facility policies on a regular basis, including: o Symptoms of COVID-19 and its health risks o Employers' sick leave policy o If staff develop a fever, cough, or shortness of breath while at work: immediately put on a face mask, inform supervisor, leave the facility, and follow CDC-recommended steps for persons who are ill with COVID-19 symptoms. o If staff test positive for COVID-19: inform workplace and personal contacts immediately, and do not return to work until a decision to discontinue home medical isolation precautions is made. Monitor CDC guidance on discontinuing home isolation regularly as circumstances evolve rapidly. o If a staff member is identified as a close contact of a COVID-19 case (either within the facility or in the community): self-quarantine at home for 14 days and return to work if symptoms do not develop. If symptoms do develop, follow CDC-recommended steps for persons who are ill with COVID-19 symptoms.
• If a staff member has a confirmed COVID-19 infection, the relevant employers should inform other staff about their possible exposure to COVID-19 in the workplace, but should maintain confidentiality as required by the Americans with Disabilities Act. o Employees who are close contacts of the case should then self-monitor for symptoms (i.e., fever, cough, or shortness of breath).
• When feasible and consistent with security priorities, encourage staff to maintain a distance of 6 feet or more from an individual with respiratory symptoms while interviewing, escorting, or interacting in

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other ways.
• Ask staff to keep interactions with individuals with respiratory symptoms as brief as possible.
Prevention Practices for Visitors
• If possible, communicate with potential visitors to discourage contact visits in the interest of their own health and the health of their family members and friends inside the facility.
• Perform verbal screening (for COVID-19 symptoms and close contact with cases) and temperature checks for all visitors and volunteers on entry. See Screening section below for wording of screening questions and a recommended procedure to safely perform temperature checks. o Staff performing temperature checks should wear recommended PPE.
o Exclude visitors and volunteers who do not clear the screening process or who decline screening.
• Provide alcohol-based hand sanitizer with at least 60% alcohol in visitor entrances, exits, and waiting areas.
• Provide visitors and volunteers with information to prepare them for screening. o Instruct visitors to postpone their visit if they have symptoms of respiratory illness. o If possible, inform potential visitors and volunteers before they travel to the facility that they should expect to be screened for COVID-19 (including a temperature check), and will be unable to enter the facility if they do not clear the screening process or if they decline screening. o Display signage outside visiting areas explaining the COVID-19 screening and temperature check process. Ensure that materials are understandable for non-English speakers and those with low literacy.
• Promote non-contact visits: o Encourage incarcerated/detained persons to limit contact visits in the interest of their own health and the health of their visitors. o Consider reducing or temporarily eliminating the cost of phone calls for incarcerated/detained persons. o Consider increasing incarcerated/detained persons' telephone privileges to promote mental health and reduce exposure from direct contact with community visitors.
• Consider suspending or modifying visitation programs, if legally permissible. For example, provide access to virtual visitation options where available. o If moving to virtual visitation, clean electronic surfaces regularly. (See Cleaning guidance below for instructions on cleaning electronic surfaces.) o Inform potential visitors of changes to, or suspension of, visitation programs. o Clearly communicate any visitation program changes to incarcerated/detained persons, along with the reasons for them (including protecting their health and their family and community members' health). o If suspending contact visits, provide alternate means (e.g., phone or video visitation) for incarcerated/detained individuals to engage with legal representatives, clergy, and other individuals with whom they have legal right to consult.
NOTE: Suspending visitation would be done in the interest of incarcerated/detained persons' physical health and the health of the general public. However, visitation is important to maintain mental health. If visitation is suspended, facilities should explore alternative ways for incarcerated/detained persons to communicate with their families, friends, and other visitors in a way that is not financially burdensome for them. See above suggestions for promoting non-contact visits.

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• Restrict non-essential vendors, volunteers, and tours from entering the facility.
Management
If there has been a suspected COVID-19 case inside the facility (among incarcerated/detained persons, staff, or visitors who have recently been inside), begin implementing Management strategies while test results are pending. Essential Management strategies include placing cases and individuals with symptoms under medical isolation, quarantining their close contacts, and facilitating necessary medical care, while observing relevant infection control and environmental disinfection protocols and wearing recommended PPE.
Operations
• Implement alternate work arrangements deemed feasible in the Operational Preparedness
• Suspend all transfers of incarcerated/detained persons to and from other jurisdictions and facilities (including work release where relevant), unless necessary for medical evaluation, medical isolation/quarantine, care, extenuating security concerns, or to prevent overcrowding. o If a transfer is absolutely necessary, perform verbal screening and a temperature check as outlined in the Screening section below, before the individual leaves the facility. If an individual does not clear the screening process, delay the transfer and follow the protocol for a suspected COVID-19 case - including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. If the transfer must still occur, ensure that the receiving facility has capacity to appropriately isolate the individual upon arrival. Ensure that staff transporting the individual wear recommended PPE (see Table 1) and that the transport vehicle is cleaned thoroughly after transport.
• If possible, consider quarantining all new intakes for 14 days before they enter the facility's general population (SEPARATELY from other individuals who are quarantined due to contact with a COVID-19 case). Subsequently in this document, this practice is referred to as routine intake quarantine.
• When possible, arrange lawful alternatives to in-person court appearances. • Incorporate screening for COVID-19 symptoms and a temperature check into release planning.
o Screen all releasing individuals for COVID-19 symptoms and perform a temperature check. (See Screening section below.) Ь If an individual does not clear the screening process, follow the protocol for a suspected COVID-19 case including putting a face mask on the individual, immediately placing them under medical isolation, and evaluating them for possible COVID-19 testing. Ь If the individual is released before the recommended medical isolation period is complete, discuss release of the individual with state, local, tribal, and/or territorial health departments to ensure safe medical transport and continued shelter and medical care, as part of release planning. Make direct linkages to community resources to ensure proper medical isolation and access to medical care. Ь Before releasing an incarcerated/detained individual with COVID-19 symptoms to a community-based facility, such as a homeless shelter, contact the facility's staff to ensure adequate time for them to prepare to continue medical isolation, or contact local public health to explore alternate housing options.
• Coordinate with state, local, tribal, and/or territorial health departments. o When a COVID-19 case is suspected, work with public health to determine action. See Medical Isolation section below. o When a COVID-19 case is suspected or confirmed, work with public health to identify close contacts who should be placed under quarantine. See Quarantine section below.

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o Facilities with limited onsite medical isolation, quarantine, and/or healthcare services should coordinate closely with state, local, tribal, and/or territorial health departments when they encounter a confirmed or suspected case, in order to ensure effective medical isolation or quarantine, necessary medical evaluation and care, and medical transfer if needed. See Facilities with Limited Onsite Healthcare Services section.
Hygiene
• Continue to ensure that hand hygiene supplies are well-stocked in all areas of the facility. (See above.) • Continue to emphasize practicing good hand hygiene and cough etiquette. (See above.)
Cleaning and Disinfecting Practices
• Continue adhering to recommended cleaning and disinfection procedures for the facility at large. (See above.)
• Reference specific cleaning and disinfection procedures for areas where a COVID-19 case has spent time (below).
Medical Isolation of Confirmed or Suspected COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without sufficient space to implement effective medical isolation, should coordinate with local public health officials to ensure that COVID-19 cases will be appropriately isolated, evaluated, tested (if indicated), and given care.
• As soon as an individual develops symptoms of COVID-19, they should wear a face mask (if it does not restrict breathing) and should be immediately placed under medical isolation in a separate environment from other individuals.
• Keep the individual's movement outside the medical isolation space to an absolute minimum. o Provide medical care to cases inside the medical isolation space. See Infection Control and Clinical Care sections for additional details. o Serve meals to cases inside the medical isolation space. o Exclude the individual from all group activities. o Assign the isolated individual a dedicated bathroom when possible.
• Ensure that the individual is wearing a face mask at all times when outside of the medical isolation space, and whenever another individual enters. Provide clean masks as needed. Masks should be changed at least daily, and when visibly soiled or wet.
• Facilities should make every possible effort to place suspected and confirmed COVID-19 cases under medical isolation individually. Each isolated individual should be assigned their own housing space and bathroom where possible. Cohorting should only be practiced if there are no other available options. o If cohorting is necessary: Ь Only individuals who are laboratory confirmed COVID-19 cases should be placed under medical isolation as a cohort. Do not cohort confirmed cases with suspected cases or case contacts. Ь Unless no other options exist, do not house COVID-19 cases with individuals who have an undiagnosed respiratory infection.

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Ь Ensure that cohorted cases wear face masks at all times. o In order of preference, individuals under medical isolation should be housed:
Ь Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully Ь Separately, in single cells with solid walls but without solid doors Ь As a cohort, in a large, well -ventilated cell with solid walls and a solid door that closes fully. Employ social
distancing strategies related to housing in the Prevention section above. Ь As a cohort, in a large, well -ventilated cell with solid walls but without a solid door. Employ social
distancing strategies related to housing in the Prevention section above.
Ь As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. (Although individuals are in single cells in this scenario, the airflow between cells essentially makes it a cohort arrangement in the context of COVID-19.)
Ь As a cohort, in multi -person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section above.
Ь Safely transfer individual(s) to another facility with available medical isolation capacity in one of the above arrangements (NOTE - Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
If the ideal choice does not exist in a facility, use the next best alternative.
• If the number of confirmed cases exceeds the number of individual medical isolation spaces available in the facility, be especially mindful of cases who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other infected individuals. If cohorting is unavoidable, make all possible accommodations to prevent transmission of other infectious diseases to the higher-risk individual. (For example, allocate more space for a higher-risk individual within a shared medical isolation space.) o Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
O Note that incarcerated/detained populations have higher prevalence of infectious and chronic diseases and are in poorer health than the general population, even at younger ages.
• Custody staff should be designated to monitor these individuals exclusively where possible. These staff should wear recommended PPE as appropriate for their level of contact with the individual under medical isolation (see PPE section below) and should limit their own movement between different parts of the facility to the extent possible.
• Minimize transfer of COVID-19 cases between spaces within the healthcare unit.
• Provide individuals under medical isolation with tissues and, if permissible, a lined no-touch trash receptacle. Instruct them to: O Cover their mouth and nose with a tissue when they cough or sneeze
o Dispose of used tissues immediately in the lined trash receptacle
o Wash hands immediately with soap and water for at least 20 seconds. If soap and water are not available, clean hands with an alcohol -based hand sanitizer that contains at least 60% alcohol (where security concerns permit). Ensure that hand washing supplies are continually restocked.
• Maintain medical isolation until all the following criteria have been met. Monitor the CDC website for

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updates to these criteria. o For individuals who will be tested to determine if they are still contagious: Ь The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND
Ь The individual's other symptoms have improved (e.g., cough, shortness of breath) AND
Ь The individual has tested negative in at least two consecutive respiratory specimens collected at least 24 hours apart
o For individuals who will NOT be tested to determine if they are still contagious: Ь The individual has been free from fever for at least 72 hours without the use of fever-reducing medications AND
Ь The individual's other symptoms have improved (e.g., cough, shortness of breath) AND
Ь At least 7 days have passed since the first symptoms appeared
o For individuals who had a confirmed positive COVID-19 test but never showed symptoms: Ь At least 7 days have passed since the date of the individual's first positive COVID-19 test AND
Ь The individual has had no subsequent illness
• Restrict cases from leaving the facility while under medical isolation precautions, unless released from custody or if a transfer is necessary for medical care, infection control, lack of medical isolation space, or extenuating security concerns. o If an incarcerated/detained individual who is a COVID-19 case is released from custody during their medical isolation period, contact public health to arrange for safe transport and continuation of necessary medical care and medical isolation as part of release planning.
Cleaning Spaces where COVID-19 Cases Spent Time
• Thoroughly clean and disinfect all areas where the confirmed or suspected COVID-19 case spent time. Note — these protocols apply to suspected cases as well as confirmed cases, to ensure adequate disinfection in the event that the suspected case does, in fact, have COVID-19. Refer to the Definitions section for the distinction between confirmed and suspected cases. o Close off areas used by the infected individual. If possible, open outside doors and windows to increase air circulation in the area. Wait as long as practical, up to 24 hours under the poorest air exchange conditions (consult CDC Guidelines for Environmental Infection Control in Health-Care Facilities for wait time based on different ventilation conditions), before beginning to clean and disinfect, to minimize potential for exposure to respiratory droplets.
o Clean and disinfect all areas (e.g., cells, bathrooms, and common areas) used by the infected individual, focusing especially on frequently touched surfaces (see list above in Prevention section).
• Hard (non-porous) surface cleaning and disinfection o If surfaces are dirty, they should be cleaned using a detergent or soap and water prior to disinfection. o For disinfection, most common EPA-registered household disinfectants should be effective. Choose cleaning products based on security requirements within the facility. Ь Consult a list of products that are EPA-approved for use against the virus that causes COVID-19 L . Follow the manufacturer's instructions for all cleaning and disinfection products (e.g., concentration, application method and contact time, etc.). Ь Diluted household bleach solutions can be used if appropriate for the surface. Follow the manufacturer's instructions for application and proper ventilation, and check to ensure the product is not past its

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expiration date. Never mix household bleach with ammonia or any other cleanser. Unexpired household bleach will be effective against coronaviruses when properly diluted. Prepare a bleach solution by mixing:
Ь 5 tablespoons (1/3 rd cup) bleach per gallon of water or Ь 4 teaspoons bleach per quart of water • Soft (porous) surface cleaning and disinfection o For soft (porous) surfaces such as carpeted fl oors and rugs, remove visible contamination if present and clean with appropriate cleaners indicated for use on these surfaces. After cleaning: Ь If the items can be laundered, launder items in accordance with the manufacturers instructions using the warmest appropriate water setting for the items and then dry items completely.
Ь Otherwise, use products that are EPA-approved for use against the virus that causes COVID-19 Ei and are suitable for porous surfaces.
• Electronics cleaning and disinfection o For electronics such as tablets, touch screens, keyboards, and remote controls, remove visible contamination if present. Ь Follow the manufacturer's instructions for all cleaning and disinfection products.
Ь Consider use of wipeable covers for electronics.
Ь If no manufacturer guidance is available, consider the use of alcohol -based wipes or spray containing at least 70% alcohol to disinfect touch screens. Dry surfaces thoroughly to avoid pooling of liquids.
Additional information on cleaning and disinfection of communal facilities such can be found on CDC's website.
• Ensure that staff and incarcerated/detained persons performing cleaning wear recommended PPE. (See PPE section below.)
• Food service items. Cases under medical isolation should throw disposable food service items in the trash in their medical isolation room. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
• Laundry from a COVID-19 cases can be washed with other individuals' laundry. o Individuals handling laundry from COVID-19 cases should wear disposable gloves, discard after each use, and clean their hands after. o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. o Launder items as appropriate in accordance with the manufacturers instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely. o Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
• Consult cleaning recommendations above to ensure that transport vehicles are thoroughly cleaned after carrying a confirmed or suspected COVID-19 case.
Quarantining Close Contacts of COVID-19 Cases
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity, or without sufficient space to implement effective quarantine, should coordinate with local public health officials to ensure that close contacts of COVID-19 cases will be effectively quarantined and medically monitored.

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• Incarcerated/detained persons who are close contacts of a confirmed or suspected COVID-19 case (whether the case is another incarcerated/detained person, staff member, or visitor) should be placed under quarantine for 14 days (see CDC guidelines). o If an individual is quarantined due to contact with a suspected case who is subsequently tested for COVID-19 and receives a negative result, the quarantined individual should be released from quarantine restrictions.
• In the context of COVID-19, an individual (incarcerated/detained person or staff) is considered a close contact if they: o Have been within approximately 6 feet of a COVID-19 case for a prolonged period of time OR o Have had direct contact with infectious secretions of a COVID-19 case (e.g., have been coughed on)
Close contact can occur while caring for, living with, visiting, or sharing a common space with a COVID-19 case. Data to inform the definition of close contact are limited. Considerations when assessing close contact include the duration of exposure (e.g., longer exposure time likely increases exposure risk) and the clinical symptoms of the person with COVID19 (e.g., coughing likely increases exposure risk, as does exposure to a severely ill patient).
• Keep a quarantined individual's movement outside the quarantine space to an absolute minimum. o Provide medical evaluation and care inside or near the quarantine space when possible.
O Serve meals inside the quarantine space.
o Exclude the quarantined individual from all group activities.
o Assign the quarantined individual a dedicated bathroom when possible.
• Facilities should make every possible effort to quarantine close contacts of COVID-19 cases individually. Cohorting multiple quarantined close contacts of a COVID-19 case could transmit COVID-19 from those who are infected to those who are uninfected. Cohorting should only be practiced if there are no other available options. O If cohorting of close contacts under quarantine is absolutely necessary, symptoms of all individuals should be monitored closely, and individuals with symptoms of COVID-19 should be placed under medical isolation
o If an entire housing unit is under quarantine due to contact with a case from the same housing unit, the entire housing unit may need to be treated as a cohort and quarantine in place.
o Some facilities may choose to quarantine all new intakes for 14 days before moving them to the facility's general population as a general rule (not because they were exposed to a COVID-19 case). Under this scenario, avoid mixing individuals quarantined due to exposure to a COVID-19 case with individuals undergoing routine intake quarantine.
o If at all possible, do not add more individuals to an existing quarantine cohort after the 14-day quarantine clock has started.
• If the number of quarantined individuals exceeds the number of individual quarantine spaces available in the facility, be especially mindful of those who are at higher risk of severe illness from COVID-19. Ideally, they should not be cohorted with other quarantined individuals. If cohorting is unavoidable, make all possible accommodations to reduce exposure risk for the higher-risk individuals. (For example, intensify social distancing strategies for higher-risk individuals.)
• In order of preference, multiple quarantined individuals should be housed: o Separately, in single cells with solid walls (i.e., not bars) and solid doors that close fully o Separately, in single cells with solid walls but without solid doors o As a cohort, in a large, well-ventilated cell with solid walls, a solid door that closes fully, and at least 6 feet of personal space assigned to each individual in all directions
o As a cohort, in a large, well-ventilated cell with solid walls and at least 6 feet of personal space assigned to each

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individual in all directions, but without a solid door
o As a cohort, in single cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells creating at least 6 feet of space between individuals. (Although individuals are in single cells in this scenario, the airflow between cells essentially makes it a cohort arrangement in the context of COVID-19.)
o As a cohort, in multi-person cells without solid walls or solid doors (i.e., cells enclosed entirely with bars), preferably with an empty cell between occupied cells. Employ social distancing strategies related to housing in the Prevention section to maintain at least 6 feet of space between individuals housed in the same cell.
o As a cohort, in individuals' regularly assigned housing unit but with no movement outside the unit (if an entire housing unit has been exposed). Employ social distancing strategies related to housing in the Prevention section above to maintain at least 6 feet of space between individuals.
o Safely transfer to another facility with capacity to quarantine in one of the above arrangements (NOTE - Transfer should be avoided due to the potential to introduce infection to another facility; proceed only if no other options are available.)
• Quarantined individuals should wear face masks if feasible based on local supply, as source control, under the following circumstances (see PPE section and Table 1): o If cohorted, quarantined individuals should wear face masks at all times (to prevent transmission from infected to uninfected individuals).
o If quarantined separately, individuals should wear face masks whenever a non-quarantined individual enters the quarantine space.
o All quarantined individuals should wear a face mask if they must leave the quarantine space for any reason.
o Asymptomatic individuals under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear face masks.
• Staff who have close contact with quarantined individuals should wear recommended PPE if feasible based on local supply, feasibility, and safety within the scope of their duties (see PPE section and Table 1). o Staff supervising asymptomatic incarcerated/detained persons under routine intake quarantine (with no known exposure to a COVID-19 case) do not need to wear PPE.
• Quarantined individuals should be monitored for COVID-19 symptoms twice per day, including temperature checks. o If an individual develops symptoms, they should be moved to medical isolation immediately and further evaluated. (See Medical Isolation section above.)
o See Screening section for a procedure to perform temperature checks safely on asymptomatic close contacts of COVID-19 cases.
• If an individual who is part of a quarantined cohort becomes symptomatic: o If the individual is tested for COVID-19 and tests positive: the 14-day quarantine clock for the remainder of the cohort must be reset to O.
o If the individual is tested for COVID-19 and tests negative: the 14-day quarantine clock for this individual and the remainder of the cohort does not need to be reset. This individual can return from medical isolation to the quarantined cohort for the remainder of the quarantine period.
o If the individual is not tested for COVID-19: the 14-day quarantine clock for the remainder of the cohort must be reset to 0.
• Restrict quarantined individuals from leaving the facility (including transfers to other facilities) during the 14-day quarantine period, unless released from custody or a transfer is necessary for medical care, infection control, lack of quarantine space, or extenuating security concerns.

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• Quarantined individuals can be released from quarantine restrictions if they have not developed symptoms during the 14-day quarantine period.
• Meals should be provided to quarantined individuals in their quarantine spaces. Individuals under quarantine should throw disposable food service items in the trash. Non-disposable food service items should be handled with gloves and washed with hot water or in a dishwasher. Individuals handling used food service items should clean their hands after removing gloves.
• Laundry from quarantined individuals can be washed with other individuals' laundry. o Individuals handling laundry from quarantined persons should wear disposable gloves, discard after each use, and clean their hands after. o Do not shake dirty laundry. This will minimize the possibility of dispersing virus through the air. o Launder items as appropriate in accordance with the manufacturer's instructions. If possible, launder items using the warmest appropriate water setting for the items and dry items completely. o Clean and disinfect clothes hampers according to guidance above for surfaces. If permissible, consider using a bag liner that is either disposable or can be laundered.
Management of Incarcerated/Detained Persons with COVID-19 Symptoms
NOTE: Some recommendations below apply primarily to facilities with onsite healthcare capacity. Facilities without onsite healthcare capacity or without sufficient space for medical isolation should coordinate with local public health officials to ensure that suspected COVID-19 cases will be effectively isolated, evaluated, tested (if indicated), and given care._
• If possible, designate a room near each housing unit for healthcare staff to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
• Incarcerated/detained individuals with COVID-19 symptoms should wear a face mask and should be placed under medical isolation immediately. Discontinue the use of a face mask if it inhibits breathing. See Medical Isolation section above.
• Medical staff should evaluate symptomatic individuals to determine whether COVID-19 testing is indicated. Refer to CDC guidelines for information on evaluation and testing. See Infection Control and Clinical Care sections below as well.
• If testing is indicated (or if medical staff need clarification on when testing is indicated), contact the state, local, tribal, and/or territorial health department. Work with public health or private labs as available to access testing supplies or services. o If the COVID-19 test is positive, continue medical isolation. (See Medical Isolation section above.) o If the COVID-19 test is negative, return the individual to their prior housing assignment unless they require further medical assessment or care.
Management Strategies for Incarcerated/Detained Persons without COVID-19 Symptoms
• Provide clear information to incarcerated/detained persons about the presence of COVID-19 cases within the facility, and the need to increase social distancing and maintain hygiene precautions.

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o Consider having healthcare staff perform regular rounds to answer questions about COVID-19. o Ensure that information is provided in a manner that can be understood by non-English speaking individuals
and those with low literacy, and make necessary accommodations for those with cognitive or intellectual disabilities and those who are deaf, blind, or low-vision. • Implement daily temperature checks in housing units where COVID-19 cases have been identified, especially if there is concern that incarcerated/detained individuals are not notifying staff of symptoms.See Screening section for a procedure to safely perform a temperature check. • Consider additional options to intensify social distancing within the facility.
Management Strategies for Staff
• Provide clear information to staff about the presence of COVID-19 cases within the facility, and the need to enforce social distancing and encourage hygiene precautions. o Consider having healthcare staff perform regular rounds to answer questions about COVID-19 from staff.
• Staff identified as close contacts of a COVID-19 case should self-quarantine at home for 14 days and may return to work if symptoms do not develop. o See above for definition of a close contact. a Refer to CDC guidelines for further recommendations regarding home quarantine for staff.
Infection Control
Infection control guidance below is applicable to all types of correctional facilities. Individual facilities should assess their unique needs based on the types of exposure staff and incarcerated/detained persons may have with confirmed or suspected COVID-19 cases.
• All individuals who have the potential for direct or indirect exposure to COVID-19 cases or infectious materials (including body substances; contaminated medical supplies, devices, and equipment; contaminated environmental surfaces; or contaminated air) should follow infection control practices outlined in the CDC Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings. Monitor these guidelines regularly for updates. o Implement the above guidance as fully as possible within the correctional/detention context. Some of the specific language may not apply directly to healthcare settings within correctional facilities and detention centers, or to facilities without onsite healthcare capacity, and may need to be adapted to reflect facility operations and custody needs. o Note that these recommendations apply to staff as well as to incarcerated/detained individuals who may come in contact with contaminated materials during the course of their work placement in the facility (e.g., cleaning).
• Staff should exercise caution when in contact with individuals showing symptoms of a respiratory infection. Contact should be minimized to the extent possible until the infected individual is wearing a face mask. If COVID-19 is suspected, staff should wear recommended PPE (see PPE section).
• Refer to PPE section to determine recommended PPE for individuals persons in contact with confirmed COVID-19 cases, contacts, and potentially contaminated items.
Clinical Care of COVID-19 Cases

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• Facilities should ensure that incarcerated/detained individuals receive medical evaluation and treatment at the first signs of COVID-19 symptoms. o If a facility is not able to provide such evaluation and treatment, a plan should be in place to safely transfer the individual to another facility or local hospital.
o The initial medical evaluation should determine whether a symptomatic individual is at higher risk for severe illness from COVID-19. Persons at higher risk may include older adults and persons of any age with serious underlying medical conditions such as lung disease, heart disease, and diabetes. See CDC's website for a complete list, and check regularly for updates as more data become available to inform this issue.
• Staff evaluating and providing care for confirmed or suspected COVID-19 cases should follow the CDC Interim Clinical Guidance for Management of Patients with Confirmed Coronavirus Disease (COVID-19) and monitor the guidance website regularly for updates to these recommendations.
• Healthcare staff should evaluate persons with respiratory symptoms or contact with a COVID-19 case in a separate room, with the door closed if possible, while wearing recommended PPE and ensuring that the suspected case is wearing a face mask. o If possible, designate a room near each housing unit to evaluate individuals with COVID-19 symptoms, rather than having them walk through the facility to be evaluated in the medical unit.
• Clinicians are strongly encouraged to test for other causes of respiratory illness (e.g., influenza).
• The facility should have a plan in place to safely transfer persons with severe illness from COVID-19 to a local hospital if they require care beyond what the facility is able to provide.
• When evaluating and treating persons with symptoms of COVID-19 who do not speak English, using a language line or provide a trained interpreter when possible.
Recommended PPE and PPE Training for Staff and Incarcerated/Detained Persons
• Ensure that all staff (healthcare and non-healthcare) and incarcerated/detained persons who will have contact with infectious materials in their work placements have been trained to correctly don, doff, and dispose of PPE relevant to the level of contact they will have with confirmed and suspected COVID-19 cases. o Ensure that staff and incarcerated/detained persons who require respiratory protection (e.g., N95s) for their work responsibilities have been medically cleared, trained, and fit-tested in the context of an employer's respiratory protection program.
o For PPE training materials and posters, please visit the CDC website on Protecting Healthcare Personnel.
• Ensure that all staff are trained to perform hand hygiene after removing PPE.
• If administrators anticipate that incarcerated/detained persons will request unnecessary PPE, consider providing training on the different types of PPE that are needed for differing degrees of contact with COVID-19 cases and contacts, and the reasons for those differences (see Table 1). Monitor linked CDC guidelines in Table 1 for updates to recommended PPE.
• Keep recommended PPE near the spaces in the facility where it could be needed, to facilitate quick access in an emergency.
• Recommended PPE for incarcerated/detained individuals and staff in a correctional facility will vary based on the type of contact they have with COVID-19 cases and their contacts (see Table 1). Each type of recommended PPE is defined below. As above, note that PPE shortages are anticipated in every category during the COVID-19 response.

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 23 of 26

CCaassee 55::1177--ccvv--0022551144--JJGGBB--SSHHKK DDooccuummeenntt225662--21 FFiilleedd0044//0183//2200 PPaaggee3324ooff6613 PPaaggeeIIDD ##::55376589
o N95 respirator See below for guidance on when face masks are acceptable alternatives for N95s. N95 respirators should be prioritized when staff anticipate contact with infectious aerosols from a COVID-19 case.
o Face mask
o Eye protection - goggles or disposable face shield that fully covers the front and sides of the face o A single pair of disposable patient examination gloves
Gloves should be changed if they become torn or heavily contaminated.
o Disposable medical isolation gown or single-use/disposable coveralls, when feasible Ь If custody staff are unable to wear a disposable gown or coveralls because it limits access to their duty belt and gear, ensure that duty belt and gear are disinfected after close contact with the individual. Clean and disinfect duty belt and gear prior to reuse using a household cleaning spray or wipe, according to the product label.
Ь If there are shortages of gowns, they should be prioritized for aerosol -generating procedures, care activities where splashes and sprays are anticipated, and high-contact patient care activities that provide opportunities for transfer of pathogens to the hands and clothing of staff.
• Note that shortages of all PPE categories are anticipated during the COVID-19 response, particularly for non-healthcare workers. Guidance for optimizing the supply of each category can be found on CDC's website: o Guidance in the event of a shortage of N95 respirators Ь Based on local and regional situational analysis of PPE supplies, face masks are an acceptable alternative when the supply chain of respirators cannot meet the demand. During this time, available respirators should be prioritized for staff engaging in activities that would expose them to respiratory aerosols, which pose the highest exposure risk.
o Guidance in the event of a shortage of face masks
o Guidance in the event of a shortage of eye protection
o Guidance in the event of a shortage of gowns/coveralls

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 24 of 26

Case 5:17-cv-02514-JGB-SHK Document 25662-21 Filed 04/0183/20 Page 335 of 631 Page ID #:537690

Classification of Individual Wearing PPE Incarcerated/Detained Persons

N95 respirator

Face mask

Eye

Gown/

Protection Gloves Coveralls

Asymptomatic incarcerated/detained persons (under quarantine as close contacts of a COVID-19 case*)

Apply face masks for source control as feasible based on local supply, especially if housed as a cohort

Incarcerated/detained persons who are

X

confirmed or suspected COVID-19 cases, or

showing symptoms of COVID-19

Incarcerated/detained persons in a work placement handling laundry or used food service items from a COVID-19 case or case contact

X

X

Incarcerated/detained persons in a work

Additional PPE may be needed based X

X

placement cleaning areas where a COVID-19

on the product label. See CDC.

case has spent time

guidelines for more details.

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

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 25 of 26

Case 5:17-cv-02514-JGB-SHK Document 25662-21 Filed 04/0183/20 Page 346 of 631 Page ID #:5376710

Verbal Screening and Temperature Check Protocols for Incarcerated/Detained Persons, Staff, and Visitors
The guidance above recommends verbal screening and temperature checks for incarcerated/detained persons, staff, volunteers, and visitors who enter correctional and detention facilities, as well as incarcerated/detained persons who are transferred to another facility or released from custody. Below, verbal screening questions for COVID-19 symptoms and contact with known cases, and a safe temperature check procedure are detailed.

• Verbal screening for symptoms of COVID-19 and contact with COVID-19 cases should include the following questions: o Today or in the past 24 hours, have you had any of the following symptoms? Ь Fever, felt feverish, or had chills?

Ь Cough?

Ь Difficulty breathing?

o In the past 14 days, have you had contact with a person known to be infected with the novel coronavirus (COVID-19)?

• The following is a protocol to safely check an individual's temperature: o perform hand hygiene

o Put on a face mask, eye protection (goggles or disposable face shield that fully covers the front and sides of the face), gown/coveralls, and a single pair of disposable gloves

o Check individual's temperature

o If performing a temperature check on multiple individuals, ensure that a clean pair of gloves is used for each individual and that the thermometer has been thoroughly cleaned in between each check. If disposable or non-contact thermometers are used and the screener did not have physical contact with an individual, gloves do not need to be changed before the next check. If non-contact thermometers are used, they should be cleaned routinely as recommended by CDC for infection control.

o Remove and discard PPE

o Perform hand hygiene

Page last reviewed: March 23, 2020

https://www.cdc.gov/coronavirus/2019-ncov/community/correction-detention/guidance-correctional-detention.html

3/23/20, 12:05 PM Page 26 of 26

 
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SYMPTOMS OF #C:5O774RONAVIRUS DISEASE 2019
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Patients with COV1D-19 have experienced mild to severe respiratory illness.
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Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 50 of 63 Page ID
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www.cdcgov/COV11319-es

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Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 52 of 63 Page ID

ORONAVIRUS ISEASE

STOP THE SPREAD #:5777 OF GERMS

Help prevent the spread of respiratory diseases like (OVID-19.

Avoid close contact with people who are sick.

Cover your cough or sneeze with a tissue, then throw the tissue in the trash.

_ 1111

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Evite tocarse los ojos, la nariz y la boca.
Quedese en casa si esta enfermo, excepto para buscar atenciOnmedica.
Lavese las manos frecuentemente con agua yjabon por al menos 20 segundos.
Para obtener rnas informaciOn: www.cdcgoviCOVID19-es
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OROWAV1RUS

Share Facts#:5781 About COVID-19

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Know the facts about coronavirus disease 2019 (COVID-19) and help stop the spread of rumors.

FACT
1

Diseases can make anyone sick regardess oftheir race or ethnicity.

People4Asian:descent; including Chinese , Americans, are not more likely to get COVID-1-9 thanatiyotherAnierican. fielii,stop,fear 15y lettingpeople know that being of Asian,clescent
does not increasethichanceof gettingor
spreading

FACT Some people are at increased risk of

2

getting COVID-19.

People who have been in close contact with a person known to have COVID-19 or people who live in or have recently been in an area with ongoing spread are at an increased risk
of exposure.

FACT Someone who has completed

3

quarantine or has been released from isolation does not pose a risk of

infection to other people.

For up-to-date information, visit CDC's coronavirus disease 2019 web page.

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4

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. Shortness of breath

Seek medical advice if you

7 Develop symptoms

ND

Have been in close contact with a person known tohtlive COVID-19 or if you live in or have recently been in an area with ongoing spread of COVID-19.

FACT There are simple things you can do to help keep yourself and others healthy.
• Wash your hands often with soap and water for at least 20 seconds, especially after blowing your nose, coughing, or sneezing; going to the bathroom; and before eating of preparing food.
• Avoid touching your eyes, nose, and mouth with unwashed hands.
• Stay home when you are sick.
• Cover your cough or sneeze with a tissue, then throw the tissue in the trash.
For more in ormatin',:www.cdc.gov/COVID19

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What to do if you are sick with Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 58 of 63 Page ID #:5783 coronavirus disease 2019 (COVID-19)

If you are sick with COVID-19 or suspect you are infected with the virus that causes COVID-19, follow the steps below to help prevent the disease from spreading to people in your home and community.

Stay home except to get medical care
You should restrict activities outside your home, except for getting medical care. Do not go to work, school, or public areas. Avoid using public transportation, ride-sharing, or taxis.
Separate yourself from other people and animals in your home
People: As much as possible, you should stay in a specific room and away from other people in your home. Also, you should use a separate bathroom, if available.
Animals: Do not handle pets or other animals while sick. See COVID-19 and Animals for more information.
Call ahead before visiting your doctor
If you have a medical appointment, call the healthcare provider and tell them that you have or may have COVID-19. This will help the healthcare provider's office take steps to keep other people from getting infected or exposed.
Wear a facemask
You should wear a facemask when you are around other people (e.g., sharing a room or vehicle) or pets and before you enter a healthcare provider's office. If you are not able to wear a facemask (for example, because it causes trouble breathing), then people who live with you should not stay in the same room with you, or they should wear a facemask if they enter your room.
Cover your coughs and sneezes
Cover your mouth and nose with a tissue when you cough or sneeze. Throw used tissues in a lined trash can; immediately wash your hands with soap and water for at least 20 seconds or clean your hands with an alcohol-based hand sanitizer that contains at least 60% alcohol covering all surfaces of your hands and rubbing them together until they feel dry. Soap and water should be used preferentially if hands are visibly dirty.
Avoid sharing personal household items
You should not share dishes, drinking glasses, cups, eating utensils, towels, or bedding with other people or pets in your home. After using these items, they should be washed thoroughly with soap and water.

Clean your hands often
Wash your hands often with soap and water for at least 20 seconds. If soap and water are not available, clean your hands with an alcohol-based hand sanitizer that contains at least 60% alcohol, covering all surfaces of your hands and rubbing them together until they feel dry. Soap and water should be used preferentially if hands are visibly dirty. Avoid touching your eyes, nose, and mouth with unwashed hands.
Clean all"high-touch"surfaces every day
High touch surfaces include counters, tabletops, doorknobs, bathroom fixtures, toilets, phones, keyboards, tablets, and bedside tables. Also, clean any surfaces that may have blood, stool, or body fluids on them. Use a household deaning spray or wipe, according to the label instructions. Labels contain instructions for safe and effective use of the cleaning product including precautions you should take when applying the product, such as wearing gloves and making sure you have good ventilation during use of the product.
Monitor your symptoms
Seek prompt medical attention if your illness is worsening (e.g., difficulty breathing). Before seeking care, call your healthcare provider and tell them that you have, or are being evaluated for, COVID-19. Put on a facemask before you enter the facility. These steps will help the healthcare provider's office to keep other people in the office or waiting room from getting infected or exposed.
Ask your healthcare provider to call the local or state health department. Persons who are placed under active monitoring or facilitated self-monitoring should follow instructions provided by their local health department or occupational health professionals, as appropriate. When working with your local health department check their available hours.
If you have a medical emergency and need to call 911, notify the dispatch personnel that you have, or are being evaluated for COVID-19. If possible, put on a facemask before emergency medical services arrive.
Discontinuing home isolation
Patients with confirmed COVID-19 should remain under home isolation precautions until the risk of secondary transmission to others is thought to be low. he decision to discontinue home isolation precautions should be made on a case-by-case basis, in consultation with healthcare providers and state and local health departments.

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WFERMEDAD DE ORDNAVIRUS

coronavirus 2019 (COVID-19)

Si usted esta enfermo con COVID-19 o sospecha que esti infectado por el virus que causa el COVID-19, tome las medidas mencionadas a continuation para ayudar a prevenir que la enfermedad se propague a personas en su casa yen la comunidad.

Quedese en casa, excepto para conseguir atencion media
Debe restringir las actividades fuera de su casa, excepto para conseguir atencion medica. No vaya al trabajo, la escuela o a areas pUblicas. Evite usar el servicio de transporte public°, vehiculos compartidos o taxis.
Mantengase alejado de otras personas y de los animales en su casa
Personas: en la medida de lo posible, permanezca en una habitation especifica y lejos de las demas personas que esten en su casa. Ademas, deberia usar un bario aparte, de ser posible.
Animales: mientras este enfermo, no manipule ni toque mascotas ni otros animales. Consulte El COVID-19 los animales para obtener mas information.
Llame antes de it al medico
Si tiene una cita medica, llame al proveedor de atencion medica y digale que tiene o que podria tener COVID-19. Esto ayudara a que en el consultorio del proveedor de atenci6n medica se tomen medidas para evitar que otras personas se infecten o expongan.
Use una mascarilla
Usted deberia usar una mascarilla cuando este cerca de otras personas (p. ej., compartiendo una habitation o un vehiculo) o de mascotas y antes de entrar al consultorio de un proveedor de atencion medica. Si no puede usar una mascarilla (por ejemplo, porque le causa dificultad para respirar), las personas que vivan con usted no deberian permanecer con usted en la misma habitation, o deberian ponerse una mascarilla si entran a su habitation.
Ciibrase Ia nariz y la boca al toser y estornudar
Cubrase la nariz y la boca con un panuelo desechable al toser o estornudar. Bote los paiiuelos desechables usados en un bote de basura con una bolsa de plastic° adentro; lavese inmediatamente las manos con agua y jab6n por al menos 20 segundos o lImpieselas con un desinfectante de manos que contenga al menos 60 % de alcohol, cubra todas las superficies de las manos y froteselas hasta que sienta que se secaron. Si tiene las manos visiblemente sucias, es preferible usar agua y jab6n.

Umpiese las manos con frecuencia
Lavese frecuentemente las manos con agua y jab6n por al menos 20 segundos. Si no hay agua y jab6n disponibles, lImpieselas con un desinfectante de manos que contenga al menos un 60 % de alcohol, cubra todas las superficies de las manos y froteselas hasta que sienta que se secaron. Si tiene las manos visiblemente sucias, es preferible usar agua y jab6n. Evite tocarse los ojos, la nariz y la boca con las manos sin lavar.
Limpie todos los dias todas las superficies de contacto frecuente
Las superficies de contacto frecuente incluyen los mesones, las mesas, las manijas de las puertas, las llaves y grifos del batio, los inodoros, los telefonos, los teclados, las tabletas y las mesas de cama. Limpie tambien todas las superficies que puedan tener sangre, heces o liquidos corporales. Use un limpiador de uso domestic°, ya sea un rociador o una toallita, seem las instrucciones de la etiqueta. Las etiquetas contienen instrucciones para el uso seguro y eficaz de los productos de limpieza, incluidas las precauciones que deberia tomar cuando aplique el producto, como usar guantes y asegurarse de tener buena ventilation mientras lo este usando.
Vigile sus sintomas
Busque atenci6n medica rapidamente si su enfermedad empeora (p. ej., si time dificultad para respirar). Antes de hacerlo, llame a su proveedor de atencion medica y digale que tiene COVID-19, o que esti siendo evaluado para determinar si lo tiene. Pongase una mascarilla antes de entrar al consultorio. Estas medidas ayudaran a que en el consultorio del proveedor de atencion medica se pueda evitar la infecci6n o exposition de las otras personas que esten en el consultorio o la sala de espera.
Nclale a su proveedor de atenci6n medica que llame al departamento de salud local o estatal. Las personas que esten bajo monitoreo activo o automonitoreo facilitado deben seguir las indicaciones provistas por los profesionales de salud ocupacional o de su departamento de salud local, seem corresponda.
Si tiene una emergencia medica o necesita Hamar a1911, avfsele al personal del centro de llamadas que tiene COVID-19 o lo estan evaluando para determinarlo. De ser posible, pongase una mascarilla antes de que llegue el servicio medico de emergencias.

Evite compartir articulos del hogar de uso personal
No debe compartir platos, vasos, tazas, cubiertos, toallas o ropa de cama con otras personas o mascotas que esten en su casa. Despues de usar estos artfculos, se los debe lavar bien con agua y jabon.
CDC

Interruption del aislamiento en la casa
Los pacientes con COVID-19 confirmado deben permanecer bajo precauciones de aislamiento en la casa hasta que el riesgo de transmision secundaria a otras personas se considere bajo. La decision de interrumpir las precauciones de aislamiento en la casa debe tomarse segan cada caso en particular, en consulta con proveedores de atencion medica y departamentos de salud estatales y locales.

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What you need to know about Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 61 of 63 Page ID #:5786

ORONAVIRUS ISEASE

coronavirus disease 2019 (COVID-19)

What is coronavirus disease 2019 (COVID-19)?
Coronavirus disease 2019 (COVID-19) is a respiratory illness that can spread from person to person. The virus that causes COVID-19 is a novel coronavirus that was first identified during an investigation into an outbreak in Wuhan, China.
Can people in the U.S. get COVID-19?
Yes. COVID-19 is spreading from person to person,in parts of the United States. Risk of infection with COVID-19 is higher for people who are dose contacts of someone known to have COVID-19, for example healthcare workers, or household members. Other people at higher risk for infection are those who live in or have recently been in an area with ongoing spread of COVID-19. Learn more about places with ongoing spread at https: .'www_cdc 6ov, coronavirus, 2019-ncc+vrabout transmission.html#Qeog.3aphic.
Have there been cases of COVID-19 in the U.S.?
Yes. The first case of COVID-19 in the United States was reported on January 21, 2020. The current count of cases of COVID-19 in the United States is available on CDC's webpage at hti is: www.cdc.Lov coronavirus 2019-ncov.'cases-in-u .html.
How does COVID-19 spread?
The virus that causes COVID-19 probably emerged from an animal source, but is now spreading from person to person. The virus is thought to spread mainly between people who are in dose contact with one another (within about 6 feet) through respiratory droplets produced when an infected person coughs or sneezes. It also may be possible that a person can get COVID-19 by touching a surface or object that has the virus on it and then touching their own mouth, nose, or possibly their eyes, but this is not thought to be the main way the virus spreads. Learn what is known about the spread of newly emerged coronaviruses at https://www.cdc.gov/ coronavirus •2019-ncov about transmission.html.
What are the symptoms of COVID-19?
Patients with COVID-19 have had mild to severe respiratory illness with symptoms of • fever • cough • shortness of breath

What are severe complications from this virus?
Some patients have pneumonia in both lungs, multi-organ failure and in some cases death.
How can I help protect myself?
People can help protect themselves from respiratory illness with everyday preventive actions. • Avoid dose contact with people who are sick. • Avoid touching your eyes, nose, and mouth with
unwashed hands. • Wash your hands often with soap and water for at least 20
seconds. Use an alcohol-based hand sanitizer that contains at least 60% alcohol if soap and water are not available.
If you are sick, to keep from spreading respiratory illness to others, you should
• Stay home when you are sick. • Cover your cough or sneeze with a tissue, then throw the
tissue in the trash. • Clean and disinfect frequently touched objects
and surfaces.
What should I do ifIrecently traveled from an area with ongoing spread of COVID-19?
If you have traveled from an affected area, there may be restrictions on your movements for up to 2 weeks. If you develop symptoms during that period (fever, cough, trouble breathing), seek medical advice. Call the office of your health care provider before you go, and tell them about your travel and your symptoms. They will give you instructions on how to get care without exposing other people to your illness. While sick, avoid contact with people, don't go out and delay any travel to reduce the possibility of spreading illness to others.
Is there a vaccine?
There is currently no vaccine to protect against COVID-19. The best way to prevent infection is to take everyday preventive actions, like avoiding dose contact with people who are sick and washing your hands often.
Is there a treatment?
There is no specific antiviral treatment for COVID-19. People with COVID-19 can seek medical care to help relieve symptoms.

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io que necesita 5aber sobre ia enfermedad Case 5:17-cv-02514-JGB-SHK Document 262-1 Filed 04/13/20 Page 63 of 63 Page ID #:5788

NFERMEDAD DEL

del coronavirus 2019 (COVID-19)

iQue es la enfermedad del coronavirus 2019 (COVID-19)?
La enfermedad del coronavirus 2019 (COVID-19) es una afeccion respiratoria que se puede propagar de persona a persona. El virus que cause el COVID-19 es un nuevo coronavirus que se identifico por primera vez durante la investigation de un brote en Wuhan, China.
iPueden las personas en los EE. UU. contraer el COVID-19?
Si. El COVID-19 se esta propagando de persona a persona en partes de los Estados Unidos. El riesgo de infection con COVID-19 es mayor en las personas que son contactos cercanos de alguien que se sepa que tiene el COVID-19, por ejemplo, trabajadores del sector de la salud o miembros del hogar. Otras personas con un riesgo mayor de infection son las que viven o han estado recientemente en un area con propagacion en curso del COVID-19.
iHa habido casos de COVID-19 en los EE. UU.?
Si. El primer caso de COVID-19 en los Estados Unidos se notific6 el 21 de enero del 2020. La cantidad actual de casos de COVID-19 en los Estados Unidos esta disponible en la pagina web de los CDC en https: 'www.cdc.gov 'coronavirus'2019ncov. cases-in-us.html.
1Como se propaga el COVID-19?
Es probable que el virus que causa el COVID-19 haya surgido de una fuente animal, pero ahora se este propagando de persona a persona. Se cree que el virus se propaga principalmente entre las personas que estan en contacto cercano unas con otras (dentro de 6 pies de distancia), a traves de las gotitas respiratorias que se producen cuando una persona infectada tose o estornuda. Tambien podria ser posible que una persona contraiga el COVID-19 al tocar una superficie u objeto que tenga el virus y luego se toque la boca, la nariz o posiblemente los ojos, aunque no se cree que esta sea la principal forma en que se propaga el virus. InfOrmese sobre lo que se sabe acerca de la propagacion de los coronavirus de reciente aparicion en https://www.cdc.gov/ foronavirus "2019-ncov. about transmission-sr.html.
1Cuales son los sintomas del COVID-19?
Los pacientes con COVID-19 han tenido enfermedad respiratoria de leve a grave con los siguientes sintomas:
• fiebre
• tos
• dificultad para respirar
iCuales son las complicaciones graves provocadas por este virus?
Algunos pacientes presentan neumonia en ambos pulmones, insuficiencia de multiples organos y algunos han muerto.

IQue puedo hacer para ayudar a protegerme?
Las personas se pueden proteger de las enfermedades respiratorias tomando medidas preventives cotidianas.
• Evite el contacto cercano con personas enfermas.
• Evite tocarse los ojos, la nariz y la boca con las manos sin laver.
• Lavese frecuentemente las manos con ague y jabon por al menos 20 segundos. Use un desinfectante de manos que contenga al menos un 60 % de alcohol si no hay agua y jabon disponibles.
Si esta enfermo, para prevenir la propagacion de la enfermedad respiratoria a los demas, deberia hacer lo siguiente:
• Quedarse en casa si esta enfermo.
• Cubrirse la nariz y la boca con un pariuelo desechable al toser o estornudar y luego botarlo a la basura.
• Limpiar y desinfectar los objetos y las superficies que se tocan frecuentemente.
iQue debo hacer si he regresado recientemente de un viaje a un area con propagacion en curso del COVID-19?
Si ha llegado de viaje proveniente de un area afectada, podrian indicarle que no salga de casa por hasta 2 semanas. Si presenta sintomas durante ese periodo (fiebre, tos, dificultad para respirar), consulte a un medico. Llame al consultorio de su proveedor de atencion medica antes de it y digales sobre su viaje y sus sintomas. Ellos le daran instrucciones sobre coma conseguir atencion medica sin exponer a los dernas a su enfermedad. Mientras este enfermo, evite el contacto con otras personas, no salga y postergue cualquier viaje para reducir la posibilidad de propagar la enfermedad a los dernas.
iHay alguna vacuna?
En la actualidad no existe una vacuna que proteja contra el COVID-19. La mejor manera de prevenir infecciones es tomar medidas preventives cotidianas, como evitar el contacto cercano con personas enfermas y lavarse las manos con frecuencia.
LExiste un tratamiento?
No hay un tratamiento antiviral especifico para el COVID-19. Las personas con el COVID-19 pueden buscar atencion medica para ayudar a aliviar los sintomas.

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 Case 5:17-cv-02514-JGB-SHK Document 268 Filed 04/22/20 Page 1 of 13 Page ID #:5938

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL

Case No. EDCV 17-2514 JGB (SHKx)
Title Raul Novoa, et al. v. The GEO Group, Inc.

Date April 22, 2020

Present: The Honorable JESUS G. BERNAL, UNITED STATES DISTRICT JUDGE

MAYNOR GALVEZ Deputy Clerk

Not Reported Court Reporter

Attorney(s) Present for Plaintiff(s): None Present

Attorney(s) Present for Defendant(s): None Present

Proceedings: Order (1) DENYING Plaintiffs’ Ex Parte Application for Temporary Restraining Order (Dkt. No. 252); and (2) DENYING Plaintiffs’ Motion for Expedited Discovery (Dkt. No. 254) (IN CHAMBERS)

Before the Court is Plaintiffs’ ex parte application for a temporary restraining order requiring COVID-19 prevention measures for a nationwide class, (“Application,” Dkt. No. 252), and Plaintiffs’ motion for expedited discovery, (“Motion,” Dkt. No. 254). The Court held a telephonic hearing on these matters on April 16, 2020. After considering the papers filed in support of, and in opposition to, the matters, and the oral argument of the parties the Court DENIES the Application and DENIES the Motion.

A. Procedural Background

I. BACKGROUND

On December 19, 2017, Raul Novoa (“Novoa”) filed a putative class action complaint against Defendant The GEO Group, Inc. (“GEO”). (Dkt. No. 1.) Novoa filed a first amended complaint, (Dkt. No. 47), and a second amended complaint, which added Jaime Campos Fuentes (“Fuentes”) as a Plaintiff, (Dkt. No. 108). Plaintiffs then filed a third amended complaint, which is operative, (“TAC,” Dkt. No. 184). The TAC added Abdiaziz Karim (“Karim”) and Ramon Mancia (“Mancia”) as Plaintiffs, amended the class definitions, and added two causes of action. (see Dkt. No. 183 at 2.)

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Case 5:17-cv-02514-JGB-SHK Document 268 Filed 04/22/20 Page 2 of 13 Page ID #:5939

The TAC alleges seven causes of action arising from Plaintiffs’ detention at California’s Adelanto Detention Center (“Adelanto”): (1) violation of California’s Minimum Wage Law, Cal. Labor Code §§ 1194, 1197, 1197.1; (2) unjust enrichment; (3) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et seq.; (4) violation of California’s Trafficking Victims Protection Act (“CTVPA”), Cal. Civ. Code § 52.5; (5) forced labor under the Federal Trafficking Victims Protection Act (“TVPA”), 18 U.S.C. §§ 1589(a), 1594(a); (6) forced and attempted forced labor under the TVPA; and (7) retaliation. The TAC defines three putative classes and one subclass.
On November 26, 2019, the Court granted Plaintiffs’ motion for class certification, and certified the three classes. (“Class Certification Order,” Dkt. No. 223; see also Dkt. No. 229 (separate order).) As relevant to the Application, the Court certified a national Housing Unit Sanitation Policy (“HUSP”) Class, as follows:
All civilly detained immigrants who (i) were detained at any civil immigration detention center owned or operated by GEO in the United States between December 19, 2007 and the date of final judgment in this matter, and (ii) were subject to a GEO Housing Unit Sanitation Policy (HUSP) at any point during their detention.
Excluded from the definition of the Nationwide HUSP Class are the following: (1) individuals detained in GEO’s family residential detention facility in Karnes City, Texas; (2) individuals detained in the Alexandria Staging Facility in Alexandria, Louisiana; (3) any individual detained in the custody of the U.S. Marshal or any other law enforcement agency at a GEO facility where the company also detains civil immigration detainees pursuant to contracts with ICE; and (4) civilly detained immigrants detainees held at the Aurora ICE Processing Center in Aurora, Colorado at any time before October 22, 2014
(Id.) The Nationwide HUSP class was certified under Federal R. Civ. P. 23(b)(2). The only claim relevant to the Nationwide HUSP class the fifth claim for relief, which arises under the TVPA. (TAC ¶¶ 231-243.) The Court also certified two other classes, which are not relevant to the Application. (Class Cert. Order.)
Plaintiffs filed the Application on April 6, 2020. (App.) In support of the Application, they filed the Declaration of Daniel H. Charest, (“Charest Declaration,” Dkt. No. 253 (attaching further declarations as Exhibits A to D).) Plaintiffs concurrently filed the Motion, (Mot.), and included in support proposed interrogatories and requests for admission, (Mot., Ex. A.), and a proposed Rule 30(b)(6) deposition, (Mot. Ex. B).
Defendant opposed the Application on April 8, 2020, (“Application Opposition,” Dkt. No. 255), and included in support the Declaration of David Van Pelt, (“Van Pelt Declaration,” Dkt. No. 256 (attaching further declarations as Exhibits 1 to 5).) Defendant opposed the Motion on the same day, (“Motion Opposition,” Dkt. No. 258). On April 12, 2020, Plaintiffs filed a

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Case 5:17-cv-02514-JGB-SHK Document 268 Filed 04/22/20 Page 3 of 13 Page ID #:5940

reply, (“Reply,” Dkt. No. 259), along with a supplemental declaration and exhibits from Daniel H. Charest, (“Charest Declaration II,” Dkt. No. 260 (attaching further declarations as Exhibits A to AA).) Defendant in turn filed supplemental declarations on April 13, 2020. (“Staiger Declaration,” Dkt. No. 262-1 (attaching Exhibits A to B).)

On December 17, 2020, the parties filed supplemental briefs and supporting exhibits. (“Plaintiffs’ Supplement,” Dkt. No 264 (attaching Exhibits A to C); “Defendants’ Supplement,” Dkt. Nos. 256, 258; “Van Pelt Declaration II,” Dkt. No. 266 (attaching Exhibits A to E).)
B. Factual Background
1. The Parties
This class action is brought by current and former immigration detainees against the operator of an immigration detention facility located in the City of Adelanto, California (“Adelanto”). Plaintiffs were held at Adelanto while their immigration cases were pending. GEO is a business that operates more than a dozen immigration detention centers around the country. The HUSP class members (“Class Members”) include civil immigration detainees currently held at GEO facilities nationwide, with the exceptions noted in the class definition.
GEO is required to comply with ICE’s Performance Based National Detention Standards, (“PBNDS”) which set out “expected outcomes” and “minimum requirements” for the management of contract facilities like Adelanto. These outcomes and requirements touch on nearly all aspects of operating an immigration detention facility, including arrangements for detainee labor within the facility. GEO has either companywide or facility-specific policies that must meet or exceed the minimum standards in the PBNDS, and which apply across the company or facility.
Plaintiffs describe a GEO company-wide practice of Housing Unit Sanitation Policies (“HUSPs”) that apply at GEO immigration detention centers nationwide. Class Members contend these HUSPs impermissibly expand the scope of “required personal housekeeping” otherwise permissible under the PBNDS. They contend that GEO compels them to clean common areas under the threat of disciplinary confinement, criminal prosecution, or threat of other harm.
2. COVID-19 and Housing Unit Sanitation Policies
COVID-19 is a disease caused by a novel coronavirus, and it reached pandemic status in March 2020, approximately four months after the Court certified that Nationwide HUSP class. At time of this Order, the United States has more known COVID-19 cases than any other country in the world, and more than 35,000 people have died from the disease in this country alone. Many tens of thousands of deaths are expected in the coming weeks.

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COVID-19 is highly contagious, and there is no known cure. It can spread through respiratory droplets and high-touch surfaces, and is especially likely to spread quickly in congregate settings such as detention centers. (App. at 7.) One effective way to prevent the spread of the disease is physical separation from others, because even asymptomatic carriers of the disease can infect others. (App. at 2-4.) Beyond that, the best prevention is aggressive hygiene (use of hand sanitizer and frequent hand washing), and if available, the use of personal protective equipment (“PPE”), including gloves, eye and face shields, and masks when in public spaces. (Id.)
Class Members argue that the GEO’s HUSPs expose them to unsanitary spaces and surfaces such as floors, showers, and toilets, and to possible COVID-19 infection. (App. at 5.) They assert that GEO does not provide detainees with PPE to prevent the spread of disease. (Id. at 6.) GEO requires all detainees to participate in mandatory general cleanups of their housing units, every day, and every week subjects the units to a more rigorous “total sanitation” mission. (Id.) GEO’s detainee handbook classifies refusal to clean assigned living areas as an offense punishable by disciplinary segregation or even criminal prosecution, or by suspension of programs and recreation. (Id.)
All Class Members are subject to the HUSP. (Id. at 6-8.) Class Members contend that the HUSPs are particularly unreasonable at this time, because people with serious underlying medical conditions or old age are more likely to die from COVID-19. (Id. at 8-9.) Eighty percent of all COVID-19 deaths in the United States have been among adults 65 years of age or older. (Id. at 9.) And, COVID-19 poses severe risks even to those not in a medically vulnerable population. (Id. at 10.)
3. Conditions of Confinement at GEO Facilities
The Class Members are or were confined at twelve GEO facilities operated as ICE Processing or Transitional Centers nationwide: Adelanto, Aurora, Broward, Folkston, Joe Corley, LaSalle, Mesa Verde, Montgomery, Northwest, Pine Prairie, South Louisiana, and South Texas. (Pls.’ Supp. at 2 n.5.) As of the writing of this Order, ICE reports positive cases at three of the twelve facilities. See ICE Guidance on Coronavirus, https://www.ice.gov/coronavirus.
It appears that the HUSPs continue to apply, and that Plaintiffs’ cleaning duties have been intensified. The extent to which detainees on work duty have access to different PPE (gloves, masks, etc.) is disputed, and appears to be changing.
For example, in support of their initial briefs, Plaintiffs attach declarations from GEO detainees or their attorneys, which do not state outright but suggest that the HUSPs continue to be enforced during the pandemic. (Charest Decl., Exs. A to D.) Defendant counters with the declarations of several facility administrators, which neither acknowledge nor deny the existence of HUSPs. (Van Pelt Decl., Exs. 1- 5). Defendant’s declarations suggest gloves are available for cleaning but do not explicitly state that detainees, as distinct from GEO staff, have been able to wear gloves when completing sanitation tasks. At Adelanto ICE Processing Center in California,

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GEO has implemented “intensified cleaning” and GEO “has gloves for use with cleaning.” (Id., Ex. 1 ¶ 16.) The same is true at Aurora ICE Processing Center in Colorado, where cleanings occur “throughout the day multiple times,” (id., Ex. 2 ¶ 17), LaSalle ICE Processing Center in Louisiana, (id., Ex. 3 ¶ 9), and at the Northwest ICE Processing Center in Washington state, (id., Ex. 4 ¶ 17).
In support of their Reply, Plaintiffs attach declarations addressing somewhat more directly the cleaning policies at GEO facilities. For example, the Declaration of Rebecca Merton, (“Merton Declaration,” Charest Decl. II, Ex. A), notes that a national nonprofit, Freedom for Immigrants has received reports through the National Immigration Detention Hotline that detainees continue to clean within their dorms, pods, or common areas without PPE, (id. ¶¶ 5-10 (discussing reports from Adelanto (detainees continue to clean, no soap-based products to clean bathrooms, no hand sanitizer), LaSalle (detainees continue to clean), Northwest (detainees work as usual without PPE), Aurora (detainees work but have gloves), South Louisiana (detainees continue to clean), Mesa Verde (detainees continue to clean, were not allowed to use masks they made from their own clothing)).) Additional declarations bolster the claim that detainees are still required to clean and in many cases do not have PPE. (Charest Decl. II, Ex. G (noting that as of early April 2020, Pine Prairie detainees continue cleaning without access to masks or gloves); id., Ex. I (noting that as of April 4, 2020 at Adelanto “detainees do all of the cleaning, laundry, and kitchen work,” that declarant is currently working in the kitchen, and that declarant has observed other detainees cleaning with gloves but no masks); id., Exs. J to J (noting that as of late March 2020, at Northwest ICE Processing Center, detainees are the ones required to do the cleaning); id. Exs. P to R (noting at Aurora, detainees clean common areas and dorms only once per day, with inadequate supplies, and without gloves, as of April 10, 2020); id. Ex. T (noting at Broward Transitional Center dorm cleaning programs continue under threat of punishment and without masks or other PPE); id. Ex. X (noting detainees at Mesa Verde the dorms and phones); id., Ex. AA (noting at the Montgomery and Corely facilities in Texas detainees are required to clean and sanitize their own living areas). Defendant’s supplemental declaration on the Pine Prairie facility states that as of April 13, 2020, detainees do have access to gloves while cleaning, and that GEO staff sanitize hard surfaces and high-touch areas multiple times during their shifts. (Staiger Decl. ¶ 19 (“[D]etainees are issued these gloves to clean.”).)
4. ICE’s Pandemic Response Requirements and CDC Guidelines
On March 23, 2020, the Centers for Disease Control and Prevention (“CDC”) issued interim guidance on the management of COVID-19 for correctional and detention facilities.1 (“CDC Interim Guidance,” Pls.’s Supp., Ex. B (also attached at Van Pelt Decl. II, Ex. C).) That guidance counsels facilities to “[e]nsure that staff and incarcerated/detained persons performing cleaning wear recommended PPE,” then directs the reader to a PPE section and table. (Id. at 18.) The PPE section states that “persons who will have contact with infectious materials in their work placements” should be trained to “don, doff, and dispose of PPE relevant to the level

1 The Court cites to CDC Interim Guidance PDF pages. The PDF is available at https://www.cdc.gov/coronavirus/2019-ncov/downloads/guidancecorrectional-detention.pdf.

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of contact they will have with confirmed and suspected COVID-19 cases.” (Id. at 23.) For detainees “in work placement cleaning areas where a COVID-19 case has spent some time” the CDC’s table for recommended PPE states gloves and a gown/coveralls should be used. (Id., Table 1 at 25.) The CDC recommends the same PPE for staff cleaning in such areas. (Id.) N95 respirators, face masks, and eye protection are not recommended in this context. (Id.)

About two weeks after the CDC Interim Guidance was published, ICE Enforcement and Removal Operations released its COVID-19 pandemic response requirements for all facilities housing ICE detainees. (“Pandemic Response Requirements,” Van Pelt Decl. II, Ex. A.) The Pandemic Response Requirements state that facilities “must . . . [c]omply with the CDC’s Interim Guidance.” (Id. at 5, 6 (requiring compliance for both dedicated and non-dedicated facilities).) All facilities are required to “[a]dhere to CDC recommendations for cleaning and disinfection during the COVID-19 response.” (Id. at 9.) The Pandemic response requirements also incorporate by reference the CDC’s guidance for cleaning and disinfection for community facilities. (Id. at 9 n.7 (referencing “CDC Community Facilities Guidance”); see also Pls.’ Supp., Ex. C.)

The CDC Community Facilities Guidance comports with the CDC Interim Guidance, in that it calls for gloves and a gown or gown substitute while cleaning spaces where a confirmed or suspected COVID-19 case has been, but does not call for a mask.2

CDC guidance on the use of masks and face coverings has changed over the course of the pandemic. In early April 2020, the CDC recommended the use of cloth face coverings (as distinct from surgical or N95 masks) in “public settings” where social distancing measures are “difficult to maintain.”3 In apparent recognition of this new guidance, ICE’s April 10, 2020 Pandemic Response Requirements state that cloth face coverings “should be worn by detainees and staff (when PPE supply is limited) to help slow the spread of COVID-19.” (Pandemic Response Requirements at 8-9.) It is not clear whether this is a mandate to use cloth face coverings only where face masks are called for, or whether ICE intends for all facilities to mandate detainee use of cloth face masks.

// // // // // //

2 The CDC Community Facilities Guidance is available at https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaningdisinfection.html.
3 CDC, Use of Cloth Face Coverings to Help Slow the Spread of COVID-19, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/diy-cloth-facecoverings.html.

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II. LEGAL STANDARD
A. Temporary Restraining Order
The purpose of a temporary restraining order is to preserve the status quo and prevent irreparable harm until a hearing may be held on the propriety of a preliminary injunction. See Reno Air Racing Ass’n, Inc. v. McCord, 452 F.3d 1126, 1131 (9th Cir. 2006). The standard for issuing a temporary restraining order is identical to the standard for issuing a preliminary injunction. Lockheed Missile & Space Co. v. Hughes Aircraft Co., 887 F. Supp. 1320, 1323 (N.D. Cal. 1995); see Stuhlbarg Intern. Sales Co., Inc. v. John D. Brushy and Co., Inc., 240 F.3d 832, 839 n.7 (9th Cir. 2011).
“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.” Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). The Ninth Circuit employs the “serious questions” test, which states “‘serious questions going to the merits’ and a balance of hardships that tips sharply towards the plaintiff can support issuance of a preliminary injunction, so long as the plaintiff also shows that there is a likelihood of irreparable injury and that the injunction is in the public interest.” Alliance for Wild Rockies v. Cottrell, 632 F.3d 1127, 1135 (9th Cir. 2011). “A preliminary injunction is an ‘extraordinary and drastic remedy. It should never be awarded as of right.” Munaf v. Geren, 553 U.S. 674, 690 (2008) (citation omitted).
B. Expedited Discovery
Under the Court’s standing order, all discovery matters are referred to a United States Magistrate Judge. (“Standing Order,” Dkt. No. ¶ 7.) And under Local Rule 37-3, discovery motions:
[M]ay be noticed to be heard on the particular judge’s regular Motion Day which shall not be shall be not earlier than twenty-one (21) days after the filing of the motion. Unless the Court in its discretion otherwise allows, no discovery motions shall be filed or heard on an ex parte basis, absent a showing of irreparable injury or prejudice not attributable to the lack of diligence of the moving party.
L.R. 37-3 (emphasis added).
While generally formal discovery may not commence until after parties have conferred as required by Fed. R. Civ. P. 26(f), expedited discovery may be granted upon a showing of good cause. Am. LegalNet, Inc. v. Davis, 673 F. Supp. 2d 1063, 1066 (C.D. Cal. 2009). Expedited discovery may be appropriate when it is needed to prepare for a pending preliminary injunction hearing. Id. In such circumstances, good cause may be found where “the need for expedited discovery outweighs the prejudice to the responding party.” Sas v. Sawabeh Info. Servs. Co., 2011 WL 13130013, at *7 (C.D. Cal. May 17, 2011) (citations omitted). Other factors commonly

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considered in determining the reasonableness of expedited discovery include “the breadth of the discovery requests; [] the purpose for requesting the expedited discovery; [] the burden on the defendants to comply with the requests; and [] how far in advance of the typical discovery process the request was made.” Am. LegalNet, Inc. v. Davis, 673 F. Supp. 2d 1063, 1067 (C.D. Cal. 2009) (citation omitted).
III. DISCUSSION
The Court finds Plaintiffs have standing to apply for injunctive relief, and that they are likely to succeed on their claim. The Court does not decide whether the harm to which Plaintiffs are exposed is irreparable, because Plaintiffs falter on the public interest prong. They ignore the consequences of an injunction reallocating scarce PPE to Class Members or requiring GEO to hire additional staff to clean common areas. As a result, a temporary restraining order for immediate relief is not warranted, and the Application fails. The Court rejects the Motion as procedurally deficient.
A. Standing
“Constitutional standing concerns whether the plaintiff’s personal stake in the lawsuit is sufficient to make out a concrete ‘case’ or ‘controversy’ to which the federal judicial power may extend under Article III, § 2.” Pershing Park Villas Homeowners Ass’n v. United Pacific Ins. Co., 219 F.3d 895 (9th Cir. 2000). “[T]he irreducible constitutional minimum of standing” is comprised of three elements: (1) an injury-in-fact; (2) a causal connection between the injury and challenged conduct such that the injury is “fairly traceable” to the challenged action; and (3) it must be “likely,” not merely “speculative” that the injury can be redressed by a favorable decision. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–61 (1992). The injury-in-fact must be “concrete and particularized” and “actual or imminent, not conjectural or hypothetical.” Id. at 560. “The party invoking federal jurisdiction bears the burden of establishing these elements.” Id. at 561.
The harm asserted is concrete, particularized, and can be traced to GEO’s sanitation policies and reliance on detainee labor. Plaintiffs state that the primary harm which they seek to avoid by means of a TRO is forced labor, not exposure to COVID-19. (Reply at 16.) GEO concedes that housing unit sanitation work has been “intensified” or doubled, and so it is clear that there is a probable harm attributable to Defendant. The harm is likely caused by GEO, because were it not for the HUSPs, professional cleaning staff or GEO staff would perform the work instead of the detainees.
Similarly, there is a “substantial likelihood” the harm of forced labor is redressable by a Court order. Mayfield v. United States, 599 F.3d 964, 971 (9th Cir. 2010). An order stating that Class Members cannot be used to provide sanitation services in the common areas of the facility would stop the asserted harm. (See “Proposed Order,” Dkt. No. 252-3.) GEO’s standing argument is really a factual question about whether class members are exposed to a serious risk of infection, and whether the requested relief is practical. (App. Opp’n at 9.) These arguments go

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more to irreparability of the asserted harm or perhaps the public interest, not whether it is concrete, particularized, or redressable.
Finally, GEO argues that Plaintiffs lack standing to seek injunctive relief, because none of them are detained. (App. Opp’n at 6-11.) However, the Court has already certified a HUSP Class for individuals seeking injunctive relief to prevent them from being subjected to GEO’s policies. The Class includes individuals who are currently detained and who are subjected to the sanitation policies, and therefore the Court rejects this argument. LaDuke v. Nelson, 762 F.2d 1318, 1325 (9th Cir. 1985) (“[C]ertification will preserve a class’s standing even after the named individual representatives have lost the required personal stake.”).
B. Temporary Restraining Order
Plaintiffs are likely to succeed on the merits of their TVPA claim and potentially face an irreparable harm if injunctive relief is not granted. However, Plaintiffs do not make an adequate showing that relief is in the public interest.
1. Likelihood of Success on the Merits
Enacted as part of the Trafficking and Victims Protection Act of 2000 (“TVPA”), 18 U.S.C. § 1589 proscribes a party from “knowingly provid[ing] or obtain[ing] the labor or services of a person” through force, physical restraint, serious harm, abuse of law or legal process, threats of any of those means, or any combination of those methods. 18 U.S.C. § 1589(a) (also prohibiting a party from securing labor “by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.”) “Serious harm” is defined as “any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor or services in order to avoid incurring that harm.” 18 U.S.C. § 1589(c)(2). Also liable is a party who “knowingly benefits, financially or by receiving anything of value, from participation in a venture” involving forced labor. 18 U.S.C. § 1589(b).
Plaintiffs are likely to succeed on the merits of their claim that GEO violates the TVPA. Plaintiffs contend that GEO has acquired free labor by threatening Class Members, because the Class Members must perform uncompensated janitorial and maintenance work in the common areas of the facilities or face negative consequences including solitary or disciplinary confinement, housing transfers, loss of privileges, referral to ICE and criminal prosecution. (App. at 17.) This janitorial labor in common areas is distinct, they argue, from the more limited “personal housekeeping tasks” sanctioned by ICE’s PBNDS. PBNDS Section 5.8.V.C.4 GEO

4 The Section provides:

(continued . . . )

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does not dispute that it requires class members to clean common areas, and equivocates on whether detainees are given gloves when they perform their sanitation duties under the HUSP. Although Plaintiffs’ Application relies heavily on previous submissions about the existence and scope of the HUSPs and whether a reasonable person in Class Members’ position would believe they have to participate in the HUSP, the Court is satisfied that there is at least a serious question whether the intensified cleaning regime exceeds the permissible limits of the PBNDS, which certainly does not contemplate several forced sanitation jobs per day.
2. Irreparable Harm
A plaintiff must demonstrate she is likely to suffer irreparable harm in the absence of a preliminary injunction. See Winter, 555 U.S. at 20. The Ninth Circuit cautions that “[s]peculative injury does not constitute irreparable injury sufficient to warrant granting a preliminary injunction.” Caribbean Marine Servs. v. Baldridge, 844 F.2d 668, 674 (9th Cir. 1988). A plaintiff seeking injunctive relief must demonstrate that “remedies available at law, such as monetary damages, are inadequate to compensate” for the injury. Herb Reed Enters., LLC v. Fla. Entm’t Mgmt., 736 F.3d 1239, 1249 (9th Cir. 2013).
The harm here is potentially twofold. Before the COVID-19 pandemic, Plaintiffs claimed they were subjected to an involuntary “total sanitation mission” to clean common areas, just once a week. (App. at 6.) Plaintiffs show—and Defendant apparently concedes—that during the pandemic Class Members are likely to clean common areas daily, if not multiple times a day. Second, Plaintiffs claim they are exposed to a risk of COVID-19 infection, because they do not have proper PPE. (Charest Decl. II, Ex. H, Declaration of Carlos Franco-Paredes ¶ 30.) Plaintiffs argue that the second harm is irreparable. They do not claim that the intensified work duty itself is an irreparable harm, and the Court does not consider that question. (App. at 18-21.)
The Court finds GEO detainees likely face a high risk of COVID-19 infection, due to the inexorable spread of the virus. Indeed, several GEO facilities have already had confirmed detainee or staff cases. By extension, detainees with cleaning duties face an increased likelihood of infection that flows from their duties.
However, Plaintiffs fail to address whether the increased risk of infection due to cleaning duties is significant. It is unclear from Plaintiffs’ filings what level of risk flows from Class

Work assignments are voluntary; however, all detainees are responsible for personal housekeeping. Detainees are required to maintain their immediate living areas in a neat and orderly manner by:

1. making their bunk beds daily; 2. stacking loose papers; 3. keeping the floor free of debris and dividers free of clutter; and 4. refraining from hanging/draping clothing, pictures, keepsakes, or other objects from beds, overhead lighting fixtures or other furniture.

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Members’ work duties and lack of PPE specifically, rather than the fact of their detention generally. In other words, the marginal risk of infection posed by the lack of PPE or by increased work duties is difficult to extricate from the more generalized risk of harm posed by being detained. For example, the Class Members are likely to be exposed to COVID-19 in multiple contexts within the facility, including while: using telephones and tablets, visiting shared bathrooms, breathing the air in poorly ventilated housing units, eating, passing too close to fellow detainees, transiting between facility areas, using the law library, or touching virtually any surface within the facility.
Plaintiffs make no attempt to disentangle the degree of risk posed by various activities within the facility. Their expert declaration on this subject is too general and focuses on multiple factors increasing COVID-19 exposure risk in detention. It states vaguely that the risk posed by cleaning duties is “significant,” but is not persuasive in light of contrary statements by the CDC.5 (Charest Decl. II, Ex. H, “Parades Declaration,” ¶¶ 10-14, 30, Dkt. No. 260-8 (“[D]etainees would be significantly less likely to contract COVID-19 if they were not being forced to risk exposure by performing mandatory cleaning duties without access to PPE such as masks, gloves, and without reliable testing within the facility.”).) Ultimately, the Court need not, and does not, decide this difficult issue. Plaintiffs fail to carry their burden to show the injunctive relief requested is in the public interest.
C. Balance of the Equities, and Public Interest
Turning to the next factors, Plaintiffs must demonstrate that “the balance of equities tips in [their] favor.” Hernandez v. Sessions, 872 F.3d 976, 995 (9th Cir. 2017) (quoting Winter, 555 U.S. at 20.). When “the impact of an injunction reaches beyond the parties, carrying with it a potential for public consequences, the public interest will be relevant to whether the district court grants the preliminary injunction.” Id.
Plaintiffs have met their burden on the first element but fail on the second. First, the Court finds that the balance of equities tips in Plaintiffs’ favor, because their health is at stake. Harris v. Bd. of Supervisors, Los Angeles Cty., 366 F.3d 754, 766 (9th Cir. 2004) (holding plaintiffs’ risk of medical complications outweighed the potential financial harm to the defendants).
Plaintiffs fail to carry their burden on the public interest prong. The Court is not convinced that the relief requested is demonstrably in the public interest during this pandemic. For example, Plaintiffs suggest that GEO hire additional staff to clean the common areas, so they are not forced to. (App. Reply at 18.) However, it is not clear to the Court that introducing more

5 The CDC Community Facilities Guidance attached by Plaintiffs in their supplemental filing states that the “risk of exposure to cleaning staff is inherently low.” (Community Facilities Guidance at 4.) It is not clear whether the risk referenced is laundry duty or cleaning generally. Either way, it is unhelpful to Plaintiffs. The expert declaration also seems to ignore that the CDC Interim Guidance recommends gowns, but does not mention masks.

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outsiders to the facility will reduce the risk of infection to Class Members. An injunction to this effect could force GEO to increase staffing, which would increase the ingress and egress of asymptomatic individuals from outside the facility, increasing the risk of a facility outbreak.
Next, Plaintiffs ask the Court to enter an injunction requiring GEO to provide them with PPE. The Court is hesitant to enter an injunction forcing a reallocation of limited PPE resources to favor Class Members over detainees or staff working elsewhere in the facility for several reasons. First, GEO’s current distribution of PPE is likely calculated to reduce the overall likelihood of a facility outbreak. Plaintiffs include insufficient evidence for the Court to second guess GEO’s hazard assessment for specific job duties.6
Second, the Court lacks sufficient evidence on the availability of PPE, specifically gloves and gowns, to GEO. (See Van Pelt Decl. II, Ex. E ¶ 10 (listing GEO’s attempts to purchase PPE and supply chain shortages and shipment delays GEO has encountered).) In the abstract, and assuming adequate supplies for all, it would almost certainly be in the public interest to grant relief. However, Plaintiffs simply do not make a case that this is the reality in mid-April 2020, when the country is at near peak resource utilization, and even front-line healthcare workers have at times struggled to secure PPE. For these reasons, the Court agrees with GEO that Plaintiffs’ requested relief is not in the public interest at this time.
Accordingly, the Application is DENIED. The Court is not persuaded that immediate relief is warranted in this case. The Court hopes that as PPE becomes more widely available, any gaps7 between GEO facility conditions and the CDC Guidance now binding on all ICE facilities will be addressed. In the meantime, the Court notes the CDC calls on facility administrators to

6 Given limited availability of N95 and surgical masks, for example, it might not be in the public interest to require these for Class Members cleaning their own unit common areas. Assuming GEO is obtaining as many masks as it can, the public interest factor requires the Court to consider the maximally beneficial distribution of those masks. GEO might prioritize giving masks to kitchen workers or individuals circulating through multiple parts of the facility, for example detainees distributing food. In any case, as noted in the fact section, the CDC does not recommend surgical or N95 masks for cleaning duty. Gloves may also be in short supply, but GEO stated in the April 16, 2020 hearing that gloves are now made available for cleaning tasks. Neither of the parties says much on the subject of gowns, though the CDC recommends several potential gown substitutes.
7 Plaintiffs’ supplement repeatedly hammers the point that GEO must comply with the Pandemic Response Requirements. However, few if any of Plaintiffs’ declarations show the conditions of confinement in GEO facilities since the April 10, 2020 Response Requirements were issued, and Plaintiffs provide no new declarations on this point. As a result there is no evidence that GEO “refuses” to comply with the Pandemic Response Requirements. (Pls.’ Supp. at 11.)

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provide detainees with information about PPE shortages and the recommended PPE for different degrees of COVID-19 contact.8 (CDC Interim Guidance at 19.)
D. Expedited Discovery
Plaintiffs seek discovery to prepare for a preliminary injunction hearing. The requested discovery consists of answers to eight (8) interrogatories and twenty-nine (29) requests for admissions, and a corporate representative to give testimony on twelve (12) topics. (Mot. at 6.)
The Court DENIES the Motion. Plaintiffs do not deny they failed to meet and confer with Defendant regarding the Motion as required by Local Rules, and they did not file a Reply. (Mot. Opp’n at 2.) In addition, discovery matters must be brought before Magistrate Judge Kewalramani, pursuant to the Standing Order. (Dkt. No. 17.) Hybrid ex parte applications, those outside the framework of the rules, are “inherently unfair, and they pose a threat to the administration of justice.” Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488, 490 (C.D. Cal. 1995).
E. Plaintiffs’ Abuse of Footnotes
The Court takes this opportunity to address Plaintiffs’ abuse of footnotes. Plaintiffs’ Application and Application Reply include close to 160 footnotes, using what appears to be size ten or eleven font. On some pages, up to half the page is occupied by lengthy string citations and quotes. Plaintiffs’ Counsel seems to have abandoned any attempt to include case and record citations in the body of the main text.
The use of single-spaced footnotes is allowed by Local Rule, but there is no footnote exception for the font size and legibility requirements. See L.R. 11-3.1.1. In addition, the overuse of footnotes to scrounge additional lines of argument renders page limitations pointless and is unfair to Defendant. Questions of fairness aside, it is ineffective advocacy to force the reader to play a dizzying game of optical hopscotch. The Court directs Plaintiffs to not misuse footnotes in the future and to review Local Rule 11-3.
IV. CONCLUSION
For the foregoing reasons, the Court DENIES Plaintiffs’ ex parte application for a temporary restraining order, and DENIES Plaintiffs’ motion for expedited discovery.
IT IS SO ORDERED.

8 The Court notes GEO’s proposed “compromise.” (Def.’s Supp. at 8.) GEO states it is “amenable” to providing cloth face coverings to its detainees nationwide by April 23, 2020, if not sooner. The proposal is confusing. As of April 10, 2020 the Pandemic Response Requirements require GEO to provide cloth facemasks. (Pandemic Response Requirements at 9.)

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